City Council and Concurrent Authorities
May 13, 2025

City Council/Successor Agency to the
Redevelopment Agency/Public
Financing Authority/Parking Authority
Concurrent
City of Stockton
Meeting Agenda - Final
City Council/Successor
Agency of the
Redevelopment
Agency/Public Financing
Authority/Parking Authority
Concurrent Agenda
Christina Fugazi, Mayor/Chair (At Large)
Jason Lee, Vice Mayor (District 6)
Michele Padilla (District 1)
Mariela Ponce (District 2)
Michael Blower (District 3)
Mario Enríquez (District 4)
Brando Villapudua (District 5)
Council Chamber, City Hall, 425 N. El Dorado
Street, Stockton CA
Tuesday, May 13, 2025 3:00 PM
Closed Session 3:00 PM :: Regular Session 5:30 PM

1. CLOSED SESSION CALL TO ORDER/ROLL CALL

2. ADDITIONS TO CLOSED SESSION AGENDA

3. ANNOUNCEMENT OF CLOSED SESSION

3.1 25-0564 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED

LITIGATION
Number of Cases: Two
Based on existing facts and circumstances a point has been reached where, in the opinion of the legislative body of the local agency on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the local agency pursuant to Government Code sections 54956.9(d)(2) and 54956.9(e)(1).

Department: City Attorney

3.2 25-0485 CONFERENCE WITH REAL PROPERTY NEGOTIATOR
City of Stockton Page 1 Printed on 5/8/2025
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Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final
Recommended Action: Number of Parcels: One
Address: 1661 West Fremont Street
APN: 135-110-14
Owner: Frey Andrew J and Debra D Trust
Agency Negotiators: Steve Colangelo, Interim City Manager; Jeanetta McDonald, Police Services Administrator; Ashley Kluza, Police Services Manager; and Jordan Peterson, Deputy Redevelopment Director Under Negotiation: Price and Terms
This Closed Session is authorized pursuant to Section 54956.8 of the Government Code.

Department: Economic Development

3.3 25-0484 CONFERENCE WITH LABOR NEGOTIATOR
Recommended Action: Agency Designated Representative: Interim City Manager; Deputy City Manager; City Attorney; Interim Director of Human Resources; and Senior Budget Analyst
Employee Organizations: Unrepresented Units, Stockton City Employees' Association, Operating Engineer's Local 3, Mid-Management/Supervisory Level Unit, Unrepresented Management/Confidential, Law Department, Stockton Police Management Association, Stockton Firefighters Local 456 International Association of Firefighters, Stockton Fire Management, Stockton Police Officers' Association (SPOA)
This Closed Session is authorized pursuant to section 54957.6(a) of the Government Code.

Department: Human Resources

3.4 25-0576 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:

Recommended Action: Interim City Manager
This Closed Session is authorized pursuant to Government Code section 54957(b).

Department: None

4. CLOSED SESSION PUBLIC COMMENT*

5. RECESS TO CLOSED SESSION

6. REGULAR SESSION CALL TO ORDER/ROLL CALL

7. INVOCATION/PLEDGE TO FLAG
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Meeting Agenda - Final

8. REPORT OF ACTION TAKEN IN CLOSED SESSION

9. ADDITIONS TO REGULAR SESSION AGENDA***

10. RECOGNITIONS, ANNOUNCEMENTS, OR REPORTS

10. 1 25-0563 REPORT: UPDATE FROM ASSEMBLY DISTRICT 13
Department: Office of the Mayor

10. 2 25-0573 PROCLAMATION: NATIONAL WATER SAFETY MONTH Department: Office of the Mayor

10. 3 25-0574 PROCLAMATION: NATIONAL TENNIS MONTH
Department: Office of the Mayor

10. 4 25-0575 PROCLAMATION: AUTISM AWARENESS MONTH
Department: Office of the Mayor

11. PUBLIC COMMENTS* – MATTERS NOT ON THE AGENDA

12. CONSENT AGENDA

12.1 25-0541 ADOPT RESOLUTIONS APPROVING THE ANNUAL DISPLAY OF

THE PRIDE FLAG AND THE FLAGS OF THE UNITED STATES

MILITARY BRANCHES
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt:

1. A resolution to have the Pride Flag displayed annually in commemoration of Pride Month during the first week of June; and

2. A resolution to have the flags of the United States Military branches displayed annually to commemorate their respective dates of establishment; and
Authorize the City Manager to take appropriate and necessary actions to carry out the purpose and intent of the resolutions.

Department: City Attorney
City of Stockton Page 3 Printed on 5/8/2025
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Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final
Attachment A - Resolution 2019-11-05-1103
Attachment B - 2024 Resolution for Annual Display of Pride Flag Attachment C - April 28, 2025, Committee Staff Report
Proposed Resolution for Annual Display of Pride Flag-First Week Proposed Resolution for Annual Display of Military Flags Attachments:

12.2 25-0567 APPROVE THE SECOND FOLLOW-UP RESPONSE TO THE 2023-24 SAN JOAQUIN CIVIL GRAND JURY CASE NUMBER 0123, CRISIS IN

GOVERNMENT
Recommended Action: RECOMMENDATION
It is recommended that the City Council, by motion:

1. Approve the City's second, follow-up response to the 2023-24 San Joaquin Civil Grand Jury Case Number 0123, Crisis in Government.

2. Authorize the City Attorney to submit all approved responses to the San Joaquin County Civil Grand Jury on behalf of the City and Council.

Department: City Attorney
Attachment A - 2nd follow-up response to Case No. 0123, Crisis in Gvmt Attachment B - Initial response to Case No. 0123,Crisis in Gvmt Attachment C - October 10, 2024 Staff Report
Attachments:

12.3 25-0529 MAYORAL APPOINTMENTS TO COUNCIL COMMITTEES AND

COMMITTEE STRUCTURE/FUNCTION ROSTER AMENDMENT
Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a resolution amending the Mayoral Appointments to Council Committees and Committee Structure/Function roster effective immediately.

Department: City Clerk
Proposed Resolution
Exhibit 1 - Mayoral Appointments
Attachments:

12.4 25-0530 APPROVAL OF CITY COUNCIL MINUTES
Recommended Action: RECOMMENDATION
Approve the minutes from the City Council meeting of April 15, 2025 Department: City Clerk
Attachments: Attachment A – 2025-04-15

12.5 25-0539 ADOPT A RESOLUTION TO ACCEPT $1.8M
CALIFORNIANSFORALL YOUTH JOBS CORPS ROUND 3 GRANT
City of Stockton Page 4 Printed on 5/8/2025
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Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:

1. Authorize the City Manager to execute a grant agreement amendment with California Volunteers to increase the amount of the contract from $1,773,664 to $3,618,275 (an increase of $1,844,611) and extend the timeline from December 31, 2025, to December 31, 2026; and

2. Authorize the City Manager to appropriate grant funds for the CaliforniansForAll Youth Jobs Corps in the amount of $3,618,275.

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

Department: City Manager
Proposed Resolution - CFA Youth Jobs Corps Round 3
Exhbit 1 - JP1013-GF1-A1
Attachments:

12.6 25-0473 ADOPTION OF PROPOSED AMENDMENT TO CITY COUNCIL POLICY MANUAL CHAPTER 2.06.020 - USE OF CITY AND COUNCIL

LETTERHEAD
Recommended Action: RECOMMENDATION
It is recommended that City Council adopt by resolution the proposed amendment to City Council Policy Manual Chapter 2.06.020 regarding the use of City and Council letterhead.

Department: City Manager
Attachment A - Response 2023-24 Grand Jury Case No. 0123 Attachment B - Resolution No. 2024-06-18-1204
Attachment C - Recommended Council Policy2.06.020(red-lined) Proposed Resolution
Exhibit 1 - Council Policy 2.06.020
Attachments:

12.7 25-0499 FOURTH AMENDMENT TO THE 2025 CITY COUNCIL/SUCCESSOR

AGENCY/STOCKTON PUBLIC FINANCING AUTHORITY/STOCKTON

PARKING AUTHORITY MEETING CALENDAR
Recommended Action: RECOMMENDATION
It is recommended that the City Council, Successor Agency, Stockton Public Financing Authority, and Stockton Parking Authority adopt by motion the revised 2025 Concurrent City Council/Successor Agency/Stockton Public Financing Authority/Stockton Parking Authority Meeting Calendar.

Department: City Manager
City of Stockton Page 5 Printed on 5/8/2025
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Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final
Attachments: Attachment A - 2025 Fourth Revised Meeting Calendar

12.8 25-0516 RATIFYING THE SAN JOAQUIN COUNCIL OF GOVERNMENTS’ ANNUAL FINANCIAL PLAN FOR FISCAL YEAR 2025-26
Recommended Action: RECOMMENDATION
It is recommended that City Council approve a motion to ratify the San Joaquin Council of Governments' Annual Financial Plan for Fiscal Year 2025-26.

Department: City Manager
Attachments: Attachment A - SJCOG FY25-26 Annual Financial Plan

12.9 25-0227 APPROVE MOTION TO AWARD A SERVICE AGREEMENT FOR

ON-CALL PROFESSIONAL LAND SURVEYOR SERVICES,
PROJECT NO. PUR-25-023
Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a motion to:

1. Award a three-year Professional Service Agreement in the amount not to exceed $200,000 to Alexander & Associates, Inc. of Pleasanton, California, for On-Call Professional Land Surveyor Services, Project No.

PUR-25-023;

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

3. Authorize the City Manager to take appropriate and necessary actions to carry out the purpose and intent of this motion.

Department: Community Development
Attachments: Attachment A - Agreement with Alexander & Assoc.

12.10 25-0315 ADOPT A RESOLUTION AUTHORIZING AN APPLICATION TO THE

SAN JOAQUIN COUNCIL OF GOVERNMENTS FOR REGIONAL
EARLY ACTION PLANNING 2.0 GRANT PROGRAM (REAP 2.0)
FUNDS IN THE AMOUNT OF $855,200.96
City of Stockton Page 6 Printed on 5/8/2025
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Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final
Recommended Action: RECOMMENDATION
It is recommended that the City Council:

1. Adopt a Resolution authorizing the City Manager, or designee, to apply to the San Joaquin Council of Governments (SJCOG) for Regional Early Action Planning 2.0 Grant Program (REAP 2.0) funds in the amount of $855,200.96; and

2. If awarded, authorize the City Manager, or designee, to execute a new or amended agreement with SJCOG to accept, appropriate, and take whatever actions are necessary and appropriate to carry out the purpose and intent of the resolution.

Department: Economic Development
Attachment A - Resolution 2024-04-16-1205
Proposed Resolution - REAP 2.0
Attachments:

12.11 25-0263 ADOPT A MOTION TO ALLOCATE COMMUNITY DEVELOPMENT

BLOCK GRANT (CDBG) FUNDING FOR FAIR HOUSING SERVICES
Recommended Action: RECOMMENDATION
It is recommended that Council approve by motion action:

1. Allocating an amount up to $200,000.00 in Community Development Block Grant (CDBG) Program funds to a two-year contract to Project Sentinel for fair housing services;

2. Authorizing the City Manager, or designee, to enter into a contract with Project Sentinel for fair housing services, for a period of three years, with option to renew; and

3. Approving and authorizing the City Manager, or designee, to take all necessary actions to carry out the intent of this action.

Department: Economic Development

12.12 25-0272 AWARD A PROFESSIONAL SERVICES AGREEMENT TO THE

SOLIS GROUP FOR LABOR COMPLIANCE AND MONITORING

SERVICES TO ENSURE FEDERAL AND STATE LABOR

REGULATIONS AND PREVAILING WAGE REQUIREMENTS ARE
MET (PUR 25-016)
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Meeting Agenda - Final
Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a motion to:

1. Approve an agreement with the Solis Group in an amount not-to-exceed $750,000 to provide labor compliance services, for a period of three-years, with options to extend for up to an additional two years; and

2. Authorize the City Manager, or designee, to take appropriate actions to carry out the purpose and intent of this motion.

Department: Economic Development
Attachments: Attachment A - Agreement for LC Services - The Solis Group

12.13 25-0360 ADOPT A RESOLUTION WITH FINDINGS THAT JUSTIFY AND

SUPPORT AN EXCEPTION TO THE COMPETITIVE BID PROCESS

AND AUTHORIZE THE EXPANSION OF THE CITY OF STOCKTON'S

PARTICIPATION IN THE JOINT POWERS AUTHORITY EXCESS

RISK POOL, PUBLIC RISK INNOVATION, SOLUTIONS, AND

MANAGEMENT (PRISM)
Recommended Action: RECOMMENDATION
It is recommended that City Council adopt a resolution to:

1. Approve findings that justify and support an exception to the competitive bidding process pursuant to Stockton Municipal Code 3.68.070(A)(5), for cooperative purchasing agreements.

2. Authorize the City to expand participation in a Joint Powers Agreement with PRISM (Attachment A), without limitation, allowing the City of Stockton to participate in additional insurance programs such as: Excess Liability (General Liability and optional Excess Liability) (Attachment B), Primary Cyber Liability, Property (Attachment C), and Crime. (Primary Cyber and Crime do not require Memoranda of Understanding since they are not major programs.)

3. Authorize the City Manager to execute Memoranda of Understanding for the additional programs described above.

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

Department: Human Resources
Attachment A - JPA 2020 Final PRISM Agreement
Attachment B - MOU General Liability Program 2
Attachment C - MOU Property Program
Proposed Resolution
Attachments:

City of Stockton Page 8 Printed on 5/8/2025
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Authority Concurrent
Meeting Agenda - Final

12.14 25-0398 AUTHORIZE A FIVE-YEAR PROFESSIONAL SERVICES CONTRACT

WITH ALPHA ANALYTICAL LABORATORIES, INC FOR LAB

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

1. Accept the Specifications and Addenda for the Request for Sealed Bids for Municipal Utilities Department Laboratory Services, PUR 25-022.

2. Authorize a five-year contract with Alpha Analytical Laboratories, Inc of Elk Grove, California, to provide laboratory services in a total amount not-to-exceed $1,486,133.

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

Department: Municipal Utilities
Attachment A - Alpha Analytical Laboratories, Inc Contract Attachment B - Proposed Tests Estimated Annual Quantities Attachment C - Bid Summary
Attachments:

12.15 25-0451 APPROVE FINDINGS AND EXECUTE CONTRACT AGREEMENTS

FOR THE PURCHASE OF WATER AND WASTEWATER

TREATMENT CHEMICALS THROUGH THE BAY AREA CHEMICAL

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

1. Approve findings pursuant to Stockton Municipal Code section 3.68.070 which justify and support an exception to the competitive bidding process.

2. Authorize the City Manager to execute four contracts for the purchase of chemicals for water and wastewater treatment for Fiscal Year 2025-26.

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

Department: Municipal Utilities
Proposed Resolution
Exhibit 1 - Agreement with KAAM Group - Aqueous Ammonia Exhibit 2 - Agreement Univar Solutions - Sodium Bisulfite Exhibit 3 - Agreement Brenntag Pacific - Sodium Hydroxide Exhibit 4 - Agreement Univar Solutions - Sodium Hypochlorite Attachments:

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Meeting Agenda - Final

12.16 25-0501 ADOPT A RESOLUTION APPROVING AN INDEPENDENT

CONTRACTOR AGREEMENT BETWEEN SAN JOAQUIN COUNTY

AND THE CITY OF STOCKTON FOR CALIFORNIA ASSEMBLY BILL
109 FUNDING OF THE COMMUNITY CORRECTIONS PARTNERSHIP
TASK FORCE, AND AMEND THE FISCAL YEAR 2025-26 ANNUAL
BUDGET
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:

1. Authorize the City Manager to execute the Independent Contractor Agreement with San Joaquin County to accept California Assembly Bill 109 (AB 109) funding for the San Joaquin County Community Corrections Partnership (CCP) Task Force;

2. Authorize the City Manager to accept $4,815,412 in Fiscal Year (FY) 2025-26 Police Grant Funds as the Fiscal Agent for the law enforcement agencies of San Joaquin County; and

3. Approve an amendment to the FY 2025-26 Annual Budget to increase the Police Grants and Special Programs CCP revenue estimates and expenditure appropriations by $4,815,412; and

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

Department: Police
Proposed Resolution
Exhibit 1 - Independent Contractor Agreement
Attachments:

12.17 25-0509 APPROVE MOTION TO AWARD A STANDARD AGREEMENT TO

ALARM PROGRAM SYSTEMS LLC FOR ALARM INTRUSION
PROGRAM SERVICES (PUR 25-013)
City of Stockton Page 10 Printed on 5/8/2025
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Meeting Agenda - Final
Recommended Action: RECOMMENDATION
It is recommended that the City Council by motion:

1. Approve findings pursuant to Stockton Municipal Code �3.68.070(A)(3) in support of an exception to the competitive bidding process by allowing negotiated contracts following the solicitation of competitive proposals (RFP).

2. Authorize the City Manager to execute a Standard Agreement to outsource the monitoring of the Alarm Intrusion Program to Alarm Program Systems LLC of Pleasant Hill in the estimated revenue share amount of $103,000 for each year of the contract term, which is three (3) years through May 2028, with the option to renew for two (2) additional - one-year extension through May 2030. The Standard Agreement includes an 18% revenue sharing fee structure from permit and permit renewal fees and false alarm fees.

3. Authorize the City Manager to take necessary and appropriate actions to carry out the purpose and intent of this motion.

Department: Police
Attachments: Attachment A - Standard Agreement APS

12.18 25-0458 ADOPT A RESOLUTION TO AUTHORIZE THE UNION STREET

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

1. Approve Notice of Exemption No. NOE23-21 under the California Environmental Quality Act for the Union Street Sewer Rehabilitation, Project No. UW21007.

2. Approve the plans and specifications for the Union Street Sewer Rehabilitation, Project No. UW21007.

3. Award a Construction Contract in the amount of $1,911,307 to DSS Company dba Knife River Construction of Stockton, CA, for the Union Street Sewer Rehabilitation, Project No. UW21007.

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

Department: Public Works
Attachment A - Vicinity Map
Proposed Resolution
Exhibit 1 - Notice of Exemption
Exhibit 2 - Construction Contract
Attachments:

City of Stockton Page 11 Printed on 5/8/2025
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Meeting Agenda - Final

12.19 25-0471 APPROVE MOTION TO AUTHORIZE CONTRACT CHANGE ORDER NO. 2 FOR THE ON-CALL PARKS PUMP REPAIRS PROJECT
Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a motion to:

1. Authorize Contract Change Order No. 2 in the amount of $60,000 with Cornerstone Environmental Contractors, Inc. of Concord, CA, for a total contract amount not to exceed $150,000, for the On-Call Parks Pump Repairs, Project No. OM-24-080.

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

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

Department: Public Works
Attachments: Attachment A - CCO No. 2

12.20 25-0382 ADOPT A RESOLUTION TO AWARD A PROFESSIONAL SERVICES

CONTRACT FOR THE FIBER SEGMENT CONSTRUCTION PHASE II

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

1. Appropriate funds in the amount of $884,999.79 from the Congestion Mitigation and Air Quality Improvement Program to the Fiber Segment Construction Phase II, Project No. WT25039/Federal Project No.

CMCRPL-5008(216).

2. Appropriate funds in the amount of $114,661.21 from the Public Facilities Fees Air Quality to the Public Facilities Fees Fiber Segment Construction Phase II, Project No. WT25039/Federal Project No.

CMCRPL-5008(216).

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

4. Award a Professional Services Contract to Kimley-Horn and Associates, Inc. of Oakland, CA, in the amount of $658,970.24 for professional engineering services for design of the Fiber Segment Construction Phase II, Project No. WT25039/Federal Project No. CMCRPL-5008(216).

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.

City of Stockton Page 12 Printed on 5/8/2025
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Meeting Agenda - Final
Department: Public Works
Attachment A - Vicinity Map
Proposed Resolution
Exhibit 1 - Professional Services Contract
Attachments:

12.21 25-0233
APPROVE MOTION TO AUTHORIZE AMENDMENT NO. 1 TO THE

DARK FIBER LICENSING AGREEMENT WITH AT&T CALIFORNIA
Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a motion to:

1. Authorize the City Manager to execute Amendment No. 1 to the Dark Fiber Licensing Agreement between the City of Stockton and Pacific Bell Telephone Company dba AT&T California.

2. Authorize the City Manager to execute all documents, including, but not limited to, modifications and amendments to the Dark Fiber Licensing Agreement.

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

Department: Public Works
Attachment A - Dark Fiber Licensing Agreement
Attachment B - Amendment No. 1
Attachments:

12.22 25-0282 ADOPT RESOLUTION TO AUTHORIZE THE LED STREET LIGHTS CONVERSION, PHASES 7 AND 8 PROJECT
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:

1. Approve Notice of Exemption No. NOE 06-25 under the California Environmental Quality Act for the LED Street Lights Conversion, Phases 7 and 8, Project No. WD24017.

2. Approve the plans and specifications for the LED Street Lights Conversion, Phases 7 and 8, Project No. WD24017.

3. Award a Construction Contract in the amount of $604,125 to Bear Electrical Solutions, LLC of Alviso, CA, for the LED Street Lights Conversion, Phases 7 and 8, Project No. WD24017.

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.

City of Stockton Page 13 Printed on 5/8/2025
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Meeting Agenda - Final
Department: Public Works
Attachment A - Vicinity Map
Proposed Resolution
Exhibit 1 - NOE 06-25
Exhibit 2 - Construction Contract
Attachments:

12.23 25-0283 ADOPT RESOLUTION TO AUTHORIZE THE DECORATIVE STREET

LIGHT CONVERSION TO LED PROJECT
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:

1. Transfer funds in the amount of $375,000 from the Light Up Stockton, Project No. WD25046, to the Decorative Street Light Conversion to LED, Project No. WD25049.

2. Approve Notice of Exemption No. NOE05-25 under the California Environmental Quality Act for the Decorative Street Light Conversion to LED, Project No. WD25049.

3. Approve the plans and specifications for the Decorative Street Light Conversion to LED, Project No. WD25049.

4. Award a Construction Contract in the amount of $325,430 to St. Francis Electric, LLC of San Leandro, CA, for the Decorative Street Light Conversion to LED, Project No. WD25049.

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

Department: Public Works
Attachment A - Vicinity Map
Proposed Resolution
Exhibit 1 - Notice of Exemption
Exhibit 2 - Construction Contract
Attachments:

12.24 25-0284 ADOPT RESOLUTION TO AUTHORIZE THE LOCAL STREET RESURFACING PROGRAM FISCAL YEAR 2024-25 SB1 - MILL AND

OVERLAY PROJECT
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Meeting Agenda - Final
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:

1. Approve Notice of Exemption No. NOE 04-25 under the California Environmental Quality Act for the Local Street Resurfacing Program Fiscal Year 2024-25 SB1 - Mill and Overlay, Project No. WD25003.

2. Approve the plans and specifications for the Local Street Resurfacing Program Fiscal Year 2024-25 SB1 - Mill and Overlay, Project No.

WD25003.

3. Award a Construction Contract in the amount of $1,215,000 to Rapid Services, LLC dba Rapid Grading Services of Hayward, CA, for the Local Street Resurfacing Program Fiscal Year 2024-25 SB1 - Mill and Overlay, Project No. WD25003.

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

Department: Public Works
Attachment A - Vicinity Map
Proposed Resolution
Exhibit 1 - NOE 04-25
Exhibit 2 - Construction Contract - CWTA
Attachments:

12.25 25-0285 ADOPT RESOLUTION TO AUTHORIZE THE STREET
RESURFACING ON FEDERAL-AID STREETS FISCAL YEAR 2020-21

PROJECT
City of Stockton Page 15 Printed on 5/8/2025
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Meeting Agenda - Final
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:

1. Approve Notice of Exemption No. NOE 23-25 under the California Environmental Quality Act for the Street Resurfacing on Federal-Aid Streets Fiscal Year 2020-21, Project No. WD21006/Federal Project No.

CRRSTPL-5008(208).

2. Approve the plans and specifications for the Street Resurfacing on Federal-Aid Streets Fiscal Year 2020-21, Project No. WD21006/Federal Project No. CRRSTPL-5008(208).

3. Award a Construction Contract in the amount of $3,545,028.60 to United Pavement Maintenance, Inc. of Hughson, CA, for the Street Resurfacing on Federal-Aid Streets Fiscal Year 2020-21, Project No. WD21006/Federal Project No. CRRSTPL-5008(208).

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

Department: Public Works
Attachment A - Vicinity Map
Proposed Resolution
Exhibit 1 - NOE 23-25
Exhibit 2 - Construction Contract
Attachments:

12.26 25-0286 ADOPT RESOLUTION TO AWARD A PROFESSIONAL SERVICES

CONTRACT FOR THE SWAIN ROAD AND MORGAN PLACE

ROUNDABOUT PROJECT
Recommended Action: 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. CRPL-5008(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.

City of Stockton Page 16 Printed on 5/8/2025
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Department: Public Works
Attachment A - Vicinity Map
Proposed Resolution
Exhibit 1 - Professional Services Contract
Attachments:

12.27 25-0293 ADOPT RESOLUTION TO AUTHORIZE THE ON-CALL GUARDRAIL

REPAIR PROJECT
Recommended Action: 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.

Department: Public Works
Proposed Resolution
Exhibit 1 - Notice of Exemption
Exhibit 2 - Contract for Services Corp Yard
Attachments:

13. ADMINISTRATIVE MATTERS

14. UNFINISHED BUSINESS

15. NEW BUSINESS

15.1 25-0560 PRESENTATION ON PERSHING AVENUE UPDATE
Recommended Action: RECOMMENDATION
No action is to be taken. Staff will provide information on Pershing Avenue traffic issues.

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Department: Public Works
Attachments: PPT - 15.3 - Pershing Avenue Traffic Safety Update

15.2 25-0550 YOUTH PROGRAMMING FOR SUMMER 2025
Recommended Action: RECOMMENDATION
Information only; no action to be taken.

Department: Community Services
Attachment A - Community Services Sites by Council District Attachment B - Park Sites by Council District 2025
Attachment C - Activity Guide 2025.pdf
PPT - 15.2 - Youth Programming 2025
Attachments:

15.3 25-0552 DISCUSSION OF PLANNING COMMISSIONER REMOVAL AND

REPLACEMENT
Recommended Action: 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.

Department: City Clerk
Atttachment A - Council Policy 3.04
Attachment B - Pandora Crowder Application
Proposed Resolution - PC Appointment
Attachments:

16. HEARINGS**

16.1 25-0548 PUBLIC HEARING AUTHORIZING THE CONTINUED USE, FUNDING,

AND ACQUISITION OF MILITARY EQUIPMENT ESTABLISHED IN
THE “MILITARY EQUIPMENT” POLICY, AS MANDATED BY
CHAPTER 12.8 (COMMENCING WITH SECTION 7070) TO DIVISION 7 OF TITLE 1 OF THE GOVERNMENT CODE, RELATING TO MILITARY

EQUIPMENT
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Recommended Action: RECOMMENDATION
It is recommended, at the conclusion of the public hearing, that the City Council, as governing body of the City of Stockton, by motion:

1. Authorize Stockton Police Department (SPD) to continue the use of military equipment as defined by Assembly Bill 481 (AB 481) and approved via City Ordinance 2024-05-21-1601.

2. Approving 2025 Intended Acquisitions, as outlined in the 2025 AB 481 Annual Report, published April 2, 2025.

It is further recommended that the Council authorize the City Manager to take all necessary and appropriate actions to carry out the purpose and intent of this ordinance.

Department: Police
Attachment A - Ordinance 2024-05-21-1601
Attachment B - AB 481 Annual Report Update
PPT - 16.1 - AB 481 - Use of Military Equipment
Attachments:

16.2 25-0549 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
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Recommended Action: RECOMMENDATION
It is recommended that the City Council:

1. Adopt an Ordinance amending Title 5 to add Chapter 5.106, and amending Chapter 5.08, Section 5.08.280 of the Stockton Municipal Code regarding street and sidewalk vendor regulations to comply with provisions of State Law enacted by Senate Bill 946 (2018);

2. Adopt an Ordinance amending Title 8 to add Chapter 8.70, and amending Chapter 8.56, Sections 8.56.101, 8.56.030, and 8.56.040; amending Title 12, Chapter 12.56, Section 12.56.010; and repealing Title 12, Chapter 12.76 of the Stockton Municipal Code regarding street and sidewalk vendor regulations to comply with provisions of State Law enacted by Senate Bill 946 (2018) and Senate Bill 972 (2022);

3. Adopt a Resolution approving an amendment to Fiscal Year 2024-25 Fee Schedule relating to street and sidewalk vendor fines; and

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

Department: Police
Attachment A - Proposed Business License Ordinance (redlined) Attachment B - Proposed Enforcement Ordinanance (redlined) Proposed Ordinance - Business Licensing
Proposed Ordinance - Enforcement
Proposed Resolution - Street Vendors
Exhibit 1 - Fee Schedule for Street Vendor Fines 2024-2025 Exhibit 2 - Fee Schedule for Public Property Use Fee 24-25 PPT - 16.2 - Street and Sidewalk Vendor Regulations
Attachments:

16.3 25-0561 HOLD PUBLIC HEARING TO APPROVE THE ANNUAL BUDGET AND ASSESSMENT ROLLS FOR THE 2025-26 HOLIDAY PARK

MAINTENANCE DISTRICT
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Recommended Action: RECOMMENDATION
This scheduled noticed public hearing is being held to consider public comments and testimony regarding the Holiday Park Maintenance District 2025-26 proposed Assessment budget and the levy of assessments.

At the conclusion of the public hearing, if a majority protest does not exist, it is recommended that the City Council adopt a resolution to:

1. Override any and all public hearing protests.

2. Approve the Annual Budget for Holiday Park Budget for FY2025-26.

3. Confirm and approve the assessment of $46,598 for the Holiday Park Maintenance District for FY2025-26.

4. Authorize the City of Stockton Chief Financial Officer to assess those parcels within the assessment district.

5. Certify the assessments meet the requirements pertaining to the levy of annual assessments.

6. Approve a subsidy in the amount of $130,898 ($11,926 from the General Fund (100-125) and $118,972 from the Strong Communities Fund (210-000)) to continue operations and maintenance of the facility.

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

Department: Community Services
Attachment A - Holiday Park Annual Budget
Attachment B - Holiday Park Assessment District Map
Proposed Resolution - Holiday Park FY25-26
PPT - 16.3 - Holiday Park Maint District Assmt - FY25-26 Attachments:

16.4 25-0210 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)
Recommended Action: 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).

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Department: Community Development
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 Map
Attachment F - Zoning Map Amendment
Attachment G - Historic Demolition Letter
Attachment H - Planning Commission Resolutions
Proposed Resolution - General Plan Amendment
Exhibit 1 - General Plan Amendment Map
Proposed Ordinance - Rezone
Exhibit 1 - Zoning Map Amendment
PPT - 16.4 - Car Wash - 200 North Wilson Way
Attachments:

17. CITY MANAGER'S UPDATE

18. COUNCIL COMMENTS

19. ADJOURNMENT

INFORMATIONAL ITEMS

1. 25-0407 CIVIL SERVICE/EQUAL EMPLOYMENT COMMISSION’S 2024

ANNUAL REPORT
Recommended Action: RECOMMENDATION
Informational item only. No action is necessary.

Department: Human Resources
Attachment A - 2024 Annual Report to Council
Attachment B - 2024 Attendance Roster
Attachments:

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CERTIFICATE OF POSTING
I declare, under penalty of perjury, that I am employed by the City of Stockton and that I caused this agenda to be posted in the City Hall notice case on May 8, 2025 in compliance with the Brown Act.

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

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

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

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

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

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

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

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

C) Any Councilmember who violates the rules repeatedly shall be sanctioned by the City Council, including, but not limited to, barring the Councilmember from further participation (other than voting) on the subject. 2) PERSONS ADDRESSING THE CITY COUNCIL
Persons addressing the Council shall not make personal, impertinent, unduly repetitive, slanderous or profane remarks to the Council, any member of the Council, City staff or the general public, nor utter loud, threatening, personal or abusive language, nor engage in any other conduct that disrupts, disturbs or otherwise unreasonably impedes the orderly conduct of the Council meeting. Any person who makes such remarks, who utters loud, threatening, personal or abusive language, who is unduly repetitious or engages in extended discussion of City of Stockton Page 24 Printed on 5/8/2025
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irrelevancies, or who engages in any disorderly conduct that disrupts, disturbs or otherwise unreasonably impedes the orderly conduct of any Council meeting shall, at the discretion of the presiding officer or a majority of the Council, be barred from further audience before the Council during that meeting. 3) ENFORCEMENT
The rules of decorum set forth above shall be enforced in the following manner:

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

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

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

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

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

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

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

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Legislation Text
File #: 25-0564, Version: 1

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Number of Cases: Two
Based on existing facts and circumstances a point has been reached where, in the opinion of the legislative body of the local agency on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the local agency pursuant to Government Code sections 54956.9(d)(2) and 54956.9(e)(1).

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City of Stockton
Legislation Text
File #: 25-0485, Version: 1

CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Number of Parcels: One
Address: 1661 West Fremont Street
APN: 135-110-14
Owner: Frey Andrew J and Debra D Trust
Agency Negotiators: Steve Colangelo, Interim City Manager; Jeanetta McDonald, Police Services Administrator; Ashley Kluza, Police Services Manager; and Jordan Peterson, Deputy Redevelopment Director
Under Negotiation: Price and Terms
This Closed Session is authorized pursuant to Section 54956.8 of the Government Code.

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File #: 25-0484, Version: 1

CONFERENCE WITH LABOR NEGOTIATOR
Agency Designated Representative: Interim City Manager; Deputy City Manager; City Attorney; Interim Director of Human Resources; and Senior Budget Analyst Employee Organizations: Unrepresented Units, Stockton City Employees’ Association, Operating Engineer’s Local 3, Mid-Management/Supervisory Level Unit, Unrepresented Management/Confidential, Law Department, Stockton Police Management Association, Stockton Firefighters Local 456 International Association of Firefighters, Stockton Fire Management, Stockton Police Officers’ Association (SPOA)
This Closed Session is authorized pursuant to section 54957.6(a) of the Government Code.

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File #: 25-0576, Version: 1
PUBLIC EMPLOYEE PERFORMANCE EVALUATION:

Interim City Manager
This Closed Session is authorized pursuant to Government Code section 54957(b).

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File #: 25-0563, Version: 1
REPORT: UPDATE FROM ASSEMBLY DISTRICT 13
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File #: 25-0573, Version: 1
PROCLAMATION: NATIONAL WATER SAFETY MONTH
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File #: 25-0574, Version: 1
PROCLAMATION: NATIONAL TENNIS MONTH
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File #: 25-0575, Version: 1
PROCLAMATION: AUTISM AWARENESS MONTH
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City of Stockton
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File #: 25-0541, Version: 1

ADOPT RESOLUTIONS APPROVING THE ANNUAL DISPLAY OF THE PRIDE FLAG AND THE

FLAGS OF THE UNITED STATES MILITARY BRANCHES

RECOMMENDATION
It is recommended that the City Council adopt:

1. A resolution to have the Pride Flag displayed annually in commemoration of Pride Month during the first week of June; and

2. A resolution to have the flags of the United States Military branches displayed annually to commemorate their respective dates of establishment; and Authorize the City Manager to take appropriate and necessary actions to carry out the purpose and intent of the resolutions.

Summary
The City Council adopted the City of Stockton Flag Display Policy, Chapter 2.07 of the Council Policy Manual, in 2019 to ensure that the City could exercise control over any commemorative flags raised on City flagpoles (Attachment A). The policy ensures that the raising of such commemorative flags is an act of government speech subject to the full discretion of the City Council.

In June of 2024, the Legislation and Environmental Committee voted to forward a recommendation that the City Council adopt a resolution to have the Pride Flag displayed annually in commemoration of Pride Month during the last week of June (Attachment B). In 2025, the Committee reconsidered this recommendation and discussed whether to extend the time limitation for the display of commemorative flags and whether to display the flags of the United States Military Branches. On April 28, 2025, following a staff presentation (Attachment C) and discussion of the Committee Members, the Committee unanimously approved Motion 2025-04-28-0302 recommending that the City Council adopt two resolutions: (1) to have the Pride Flag displayed annually in commemoration of Pride Month during the first week of June; and (2) to have the flags of the United States Military branches displayed annually to commemorate their respective dates of establishment.

DISCUSSION
Background
Prior to the adoption of the Flag Display Policy, the City of Stockton displayed only the United States Flag, the California State Flag, and the City of Stockton Flag on the flagpole located at Stockton City City of Stockton Page 1 of 2 Printed on 5/8/2025
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File #: 25-0541, Version: 1
Flag, the California State Flag, and the City of Stockton Flag on the flagpole located at Stockton City Hall. There are both Federal and State regulations which dictate how the United States Flag and the California Flag must be displayed.

On November 5, 2019, and the City Council voted unanimously to adopt the policy via Resolution 2019-11-05-1103 (Attachment A). On May 14, 2024, pursuant to the Flag Display Policy, the City Council approved Resolution 2024-05-14-1203 to raise the Pride Flag in commemoration of Pride Month. Following its discussion, the City Council requested that the Flag Policy be brought to the Committee for additional information and possible revision to address the annual raising of the Pride Flag. On June 12, 2024, the Committee approved Motion 2024-06-12-0301 to forward a recommendation that the City Council adopt a resolution to have the Pride Flag displayed in commemoration of Pride Month annually during the last week of June (Attachment B).

Present Situation
In 2025, the Legislation and Environmental Committee considered the 2024 Committee recommendation and discussed whether to extend the time limitation for the display of commemorative flags and whether to display the flags of the United States Military Branches. On April 28, 2025, the Committee unanimously approved Motion 2025-04-28-0302 recommending that the City Council adopt two resolutions: (1) to have the Pride Flag displayed in commemoration of Pride Month, annually, during the first week of June; and (2) to have the flags of the United State Military branches displayed annually to commemorate their respective dates of establishment.

FINANCIAL SUMMARY
There is no financial impact on the City of Stockton related to this agenda item.

Attachment A - Resolution 2019-11-05-1103
Attachment B - 2024 Resolution for Annual Display of Pride Flag - Last Week Attachment C - April 28, 2025, Committee Staff Report
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ATTACHMENT A
36 EXHIBIT 1
[Type here]
SUBJECT: FLAGS, FLAGPOLES, DISPLAY NUMBER: Title 2, Chapter 2.07 ADOPTED DATE: RESOLUTION NUMBER:

LAST AMENDED:

Not applicable.

RESOLUTION NUMBER:

Not applicable.

COUNCIL POLICY CONTACT:

City Council, Chair, Legislative Committee
CITY DEPARTMENT CONTACT:

City Manager
POLICY
1) PURPOSE
The purpose of this policy is to provide procedural guidance for the displays of National, State, and other flags. In adopting this policy, the City Council declares that City of Stockton flagpoles, flagpoles located at City-owned buildings and facilities, are not intended to serve as a forum for free expression of the public.
2) FLAGS
i) United States Flag and State of California Flag. The United States Flag and the State of California Flag shall be displayed in accordance with Federal and State law, including Title 4 and Title 36 of the United States Code and Sections 430 through 439 of the California Government Code. ii) City of Stockton Flag. The City of Stockton Flag, if displayed on a City flagpole with the United States Flag and California State Flag, shall be placed in the third position of honor below the United States Flag and California State Flag.
iii) Sister City Flags. The flags of the City of Stockton’s Sister Cities (“Sister City Flags”) may be displayed in accordance with this policy.
iv) Commemorative Flags.
(1) “Commemorative Flag” shall mean any flag which identifies with a specific date, historical event, cause, nation or group of people, whereby the City honors or commemorates the date, event, cause, nation or people by flying the flag.
(2) The City shall display Commemorative Flags only if authorized by the City Council as an expression of the City’s Official speech in accordance with the procedures outlined in this policy.

FLAG DISPLAY POLICY CPM 2.07

ATTACHMENT A
37 EXHIBIT 1
[Type here]
3) CITY FLAGPOLES
i) The City’s flagpoles are not intended to serve as a forum for free expression by the public. ii) Display of Flags
(1) City flagpoles will only display flags that may be safely accommodated on the respective pole. (2) The City Council may, by resolution, direct City staff to display Commemorative Flags as an expression of the City’s official sentiments.
(a) Commemorative Flags may be displayed on the flagpole(s) outside of Stockton City Hall provided a flagpole(s) is available for such use.
(b) Other than those flagpoles identified in section (a) above, no other City flagpoles shall fly Commemorative Flags.
(c) Commemorative Flags shall be displayed for a period of time that is reasonable or customary for the subject that is to be commemorated, but no longer than seven (7) continuous days.
(d) Commemorative Flags shall be of sufficient quality for outdoor display. Commemorative Flags will not be displayed on days when the weather is inclement, except when allweather flags are used. (e) If a Commemorative Flag is displayed with the United States Flag or the State of California Flag, it shall not be larger in size than the United States Flag or the State of California Flag.
(f) The City Council shall only consider a request to display a Commemorative Flag if the request is made by a member of the Stockton City Council. Requests to display Commemorative Flags may be placed on the City Council’s meeting agenda in accordance with City Council Policy 4.01.010. The City will not display a Commemorative Flag based on a request from a third party.
iii) The City Manager shall maintain a policy to provide uniform guidelines for flying flags at half-staff.

This half-staff policy will be consistent with Federal laws, including Title 4 of the United States Code.
4) FLAGS INSIDE CITY HALL LOCATIONS
i) Flags inside Stockton City Hall Lobby
(1) The United States Flag and Sister City Flags may be displayed in the lobby area of Stockton City Hall, provided there is sufficient space available to display the flags. (2) Other than the flags identified in section (1) above, no Commemorative Flags shall be displayed in the lobby area of Stockton City Hall.

ATTACHMENT A
38 EXHIBIT 1
[Type here]
ii) Flags inside City Council Chambers
(1) The United States Flag, the California State Flag, the City of Stockton, and a Military Service Support Flag shall be the only flags displayed in the City Council Chambers. (2) The flags in the City Council Chambers shall be displayed in the following order:
(a) The United States Flag shall be displayed on the Mayor and City Council’s right as they face the audience.
(b) The California State Flag shall be displayed on the Mayor and City Council’s left as they face the audience.
(c) The City of Stockton flag shall be displayed between the United States Flag and the California State Flag.
(d) A Military Service Support Flag shall be displayed to the left of the California State Flag, to the Mayor and City Council’s far left as they face the audience.

RESPONSIBILITIES
Public Works
Maintain the City flagpole located at City Hall. Raise and lower flags in accordance with City policies and/or Council resolution.

Clerk’s Office
Display Sister City Flags in the City Hall Lobby and provide City of Stockton flags for display.

City Manager
Maintain a policy to provide uniform guidelines for flying flags at half-staff.

City Council
Request, consider, and adopt resolutions for the display of Commemorative Flags as government speech.

RELEVANT AUTHORITY
United States Code, Title 4 and Title 36
California Government Code Sections 430 through 439
RELATED ADMINISTRATIVE DIRECTIVE, CITY POLICY, CITY PROCEDURE Administrative Directive – Flying Flags at Half Staff <AD.11.06> RELATED FORMS, DOCUMENTS, OR LINKS
City of Stockton, Sister Cities, http://www.stocktongov.com/discover/sister.html

ATTACHMENT A
39 EXHIBIT 1
[Type here]
FREQUENTLY ASKED QUESTIONS
Not applicable.

UPDATE HISTORY
Not applicable.

ATTACHMENT A
40 ATTACHMENT B
Resolution No.

STOCKTON CITY COUNCIL

ADOPT A RESOLUTION APPROVING THE ANNUAL DISPLAY OF THE PRIDE FLAG

IN COMMEMORATION OF PRIDE MONTH
City Council Policy 2.07 regulates the display of National, State, and other flags; and
The policy clearly states that the City of Stockton flagpoles located at City-owned buildings and facilities are not intended to serve as a forum for free expression of the public; and
The City Council may, by resolution, direct staff to display commemorative flags as an expression of the City’s official sentiments; and The City Council desires to display ceremonial flags consistent with the City’s ongoing strategic priorities; and
Pride Month is held each June to commemorate the history of the Stonewall protests and the modern LGBTQ+ civil rights movement; and The City Council desires to display the Pride flag annually to commemorate Pride month; now, therefore,

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

The City Council authorizes the City Manager to have the Pride Flag displayed in commemoration of Pride Month annually during the last week of June.

PASSED, APPROVED, and ADOPTED _______ 2024 .

KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:

KATHERINE ROLAND, CMC
Interim City Clerk of the City of Stockton
41 City of Stockton
Legislation Text
File #: 25-0381, Version: 1
DISCUSSION OF CITY COUNCIL POLICY MANUAL CHAPTER 2.07, CITY OF STOCKTON FLAG POLICY

RECOMMENDATION
It is recommended that the Legislation and Environmental Committee review and discuss the City of Stockton Flag Display Policy, Chapter 2.07 of the Council Policy Manual, for potential revisions and consider the annual display of certain commemorative flags consistent with that policy.

Summary
The City of Stockton Flag Display Policy, Chapter 2.07 of the Council Policy Manual (Attachment A), was adopted in 2019 by the City Council to ensure that the City could exercise control over any commemorative flags raised on City flagpoles. The policy ensures that the raising of such commemorative flags is an act of government speech subject to the full discretion of the City Council.

In June of 2024, the Committee voted to forward a recommendation that the City Council adopt a resolution to have the Pride Flag displayed in commemoration of Pride Month annually during the last week of June. In January 2025, the Committee discussed whether to extend the time limitation for the display of commemorative flags and whether to display the flags of the United States Military Branches. Due to time restrictions, that discussion was continued to the next available meeting.

DISCUSSION
Background
Prior to the adoption of the Flag Display Policy, the City of Stockton displayed only the United States Flag, the California State Flag, and the City of Stockton Flag on the flagpole located at Stockton City Hall. There are both Federal and State regulations which dictate how the United States Flag and the California Flag must be displayed.

In accordance with City Council direction, on September 30, 2019, the City Attorney’s Office presented a draft policy to the Legislation and Environmental Committee for the display of commemorative flags on City flagpoles. Following the presentation, the Committee approved Motion 2019-09-30-0302 forwarding the policy to the City Council for consideration and adoption. Staff incorporated the comments from the Committee and brought the policy to the City Council on November 5, 2019, and the City Council voted unanimously to adopt the policy via Resolution 2019- 11-05-1103 (Attachment B).

On May 14, 2024, pursuant to the Flag Display Policy, the City Council approved Resolution 2024-05 -14-1203 to raise the Pride Flag in commemoration of Pride Month. Following its discussion, the City Council requested that the Flag Policy be brought to the Committee for additional information and City of Stockton Page 1 of 4 Printed on 4/23/2025
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ATTACHMENT C
42 File #: 25-0381, Version: 1
Council requested that the Flag Policy be brought to the Committee for additional information and possible revision to address the annual raising of the Pride Flag. On June 12, 2024, the Committee approved Motion 2024-06-12-0301 to forward a recommendation that the City Council adopt a resolution to have the Pride Flag displayed in commemoration of Pride Month annually during the last week of June.

Present Situation
This Committee requested a discussion on whether to extend the time limitations for the display of commemorative flags and whether to display the flags of the United States Military Branches. The following information is presented to assist in the Committee’s review and discussion.

Constitutional Considerations
If the City raised commemorative flags without a clear policy that establishes that the raising of these flags is an act of government speech, the City would lose its control and discretion over what flags can be raised on its flagpoles.

When a government regulates private speech on government property it must do so in compliance with the First Amendment. Under First Amendment jurisprudence, a nonpublic forum is a place that is not typically open to the public and public communication. When a government intentionally opens that space to the public for a specific purpose it creates a “limited public forum.” In a limited public forum, government regulations need to be reasonable and viewpoint neutral. In other words, the regulations could not discriminate based on the stance or position the speech took.

So, if a city took a nonpublic forum, like a city owned and controlled flagpole, and allowed the public to raise commemorative flags on that flagpole, it would create a limited public forum. Consequently, under these circumstances, that city would not be able to refuse the display of a flag because it disagreed with the message the flag displayed.

However, a government entity has the right to speak for itself. The United States Supreme Court recognizes that a government entity is entitled to say what it wishes and to select the views that it wants to express. Accordingly, if a city wishes to use its own flagpoles to communicate only its own views it can do so. By controlling and adopting the message that it displays, a city can be selective in which commemorative flags are flown on its own flagpoles.

With this in mind, the City of Stockton Flag Display Policy declares that City flagpoles are not intended to serve as a forum for free expression by the public. The policy specifically provides that commemorative flags may be flown only as authorized by the City Council as an expression of the City’s official sentiments. Additionally, the policy is structured to require a Councilmember to make the request for the flag display, that the item be agendized in accordance with current policy, and that the approval be made via a resolution approved by a majority of the City Council. Under this policy, the City retains its discretion to refuse to fly a commemorative flag if it disagrees with the viewpoint of the flag.

Consistent with this policy, no commemorative flag should be displayed on City flagpoles without the express approval of the City Council. What flags and for how the Council chooses to display flags, however, is a matter of discretion consistent with its rights under the Government Speech Doctrine.

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ATTACHMENT C
43 File #: 25-0381, Version: 1
Practical Considerations
Due to the size of the current City Hall flagpole located outside of 425 North El Dorado Street, the City can only fly three flags: the United States Flag, the California State Flag and one other flag.

Typically, the third flag is the City of Stockton flag. When a commemorative flag is raised the City of Stockton flag is removed. Additionally, when the United State Flag is flown at half mast, it is the only flag that can be raised on that flagpole.

Accordingly, space permitting, only one commemorative can be flown on a given day.

Policy Amendment - Time Limitation
The Flag Policy provides: “Commemorative Flags shall be displayed for a period of time that is reasonable or customary for the subject that is to be commemorated, but no longer than seven continuous days.” This seven (7) day restriction stems from the direction provided at the September 30, 2019, Committee meeting. No time restriction is required. Thus, this is a matter of discretion on the part of the City Council.

If the City Council would like to extend the timeframe, it may do so by amending the current policy to remove the time restriction or to change the maximum length. Included as Attachment C for the Committee’s consideration is a resolution and redline exhibit for potential changes to the Flag Display Policy that reflect a display period of up to thirty (30) days.

Resolution Authorizing Annual Display - Pride Flag
No amendment to current policy is needed to approve an annual flag raising. There is nothing in the current policy that would prevent the City Council from approving a resolution that directed City staff to raise a commemorative flag annually, provided the Council followed the procedural requirements for agendizing and approving the resolution.

As noted above, on June 12, 2024, the Committee approved Motion 2024-06-12-0301 to forward a recommendation that the City Council adopt a resolution to have the Pride Flag displayed in commemoration of Pride Month annually during the last week of June (Attachment D). If the Committee supported the same flag raising, no additional resolution regarding this commemorative flag is required. Staff will update the resolution to reflect current dates and prepare the item for consideration by the full City Council.

If the Committee amends the policy and would like to recommend the Pride Flag be displayed for longer than seven (7) days or would like the flag to be displayed during a different week in June, a new resolution can be presented to City Council as reflected in Attachments E and F, respectively.

Staff would require direction on when and how long the flag should be displayed.

Resolution Authorizing Annual Display - Military Birthdays As part of its original 2019 Resolution, the City Council authorized the display of the United States Marine Corps flag on November 10, 2019, to celebrate the establishment of the military branch. This authorized the display of the flag for only that one day in 2019. Future displays of the Marine Corps flag or other military flags would require the City Council to approve a resolution in accordance with City of Stockton Page 3 of 4 Printed on 4/23/2025
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ATTACHMENT C
44 File #: 25-0381, Version: 1
flag or other military flags would require the City Council to approve a resolution in accordance with the Flag Display Policy.

The “birthdays” of the military branches are as follows:
· United States Army: June 14, 1775
· United States Navy: October 13, 1775
· United States Marine Corps: November 10, 1775
· United States Coast Guard: August 4, 1790
· United States Air Force: September 18, 1947
· United States Space Force: December 20, 2019
Attachment G is included here for the Committee’s review and potential recommendation to the full City Council for the annual display of the United States Military Branch flags to commemorate their respective dates of establishment.

Next Steps
Staff seeks clarification on what additional information and/or changes the Committee would like to make, if any, to the policy or to the proposed resolution(s). Specifically, staff seeks direction on the following:
· Would the Committee like to forward a policy amendment as reflected in Attachment C? · Would the Committee like to forward Attachment D for the annual display of the Pride Flag without changes?
· Would the Committee like to revise the resolution forwarding the recommendation for the annual display of the Pride Flag? If so, when and/or for how long would the Committee like the flag displayed?
· Would the Committee like to forward a recommendation for the annual display of the flags of the military branches as reflected in Attachment G?
Attachment A - CPM Chapter 2.07, Flag Display Policy
Attachment B - Resolution 2019-11-05-1103
Attachment C - Proposed Resolution for Policy Amendment Attachment C_Exhibit 1_Redlines
Attachment D - 2024 Resolution for Annual Display of Pride Flag Attachment E - 2025 Amended Resolution for Annual Display of Pride Flag - Days Attachment F - 2025 Amended Resolution for Annual Display of Pride Flag - Time Attachment G - Proposed Resolution for Annual Display of Military Flags City of Stockton Page 4 of 4 Printed on 4/23/2025
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ATTACHMENT C
45 Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION APPROVING THE ANNUAL DISPLAY OF THE PRIDE FLAG IN

COMMEMORATION OF PRIDE MONTH
City Council Policy Manual Chapter 2.07 regulates the display of National, State, and other flags; and
The policy clearly states that the City of Stockton flagpoles located at City-owned buildings and facilities are not intended to serve as a forum for free expression of the public; and
The City Council may, by resolution, direct staff to display commemorative flags as an expression of the City’s official sentiments; and The City Council desires to display ceremonial flags consistent with the City’s ongoing strategic priorities; and
Pride Month is held each June to commemorate the history of the Stonewall protests and the modern LGBTQ+ civil rights movement; and The City Council desires to display the Pride flag annually to commemorate Pride month; now, therefore,

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

The City Council authorizes the City Manager to have the Pride Flag displayed in commemoration of Pride Month annually during the first week of June.

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
46 Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION APPROVING THE ANNUAL DISPLAY OF THE MILITARY FLAGS IN

COMMEMORATION OF THE ESTABLISHMENT OF EACH BRANCH
City Council Policy 2.07 regulates the display of National, State, and other flags and clearly states that the City of Stockton flagpoles located at City-owned buildings and facilities are not intended to serve as a forum for free expression of the public; and The City Council may, by resolution, direct staff to display commemorative flags as an expression of the City’s official sentiments; and The City Council desires to display the flags of the United States Military Branches annually to commemorate their respective dates of establishment; now, therefore,

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

1. The City Council authorizes the City Manager to have the flags of the United State Military branches displayed to commemorate their respective dates of establishment annually on the following dates.

United States Army: June 14
United States Navy: October 13
United States Marine Corps: November 10
United States Coast Guard: August
United States Air Force: September 18
United States Space Force: December 20
PASSED, APPROVED, and ADOPTED _May 13, 2025 .

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:
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KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
47 City of Stockton
Legislation Text
File #: 25-0567, Version: 1
APPROVE THE SECOND FOLLOW-UP RESPONSE TO THE 2023-24 SAN JOAQUIN CIVIL GRAND JURY CASE NUMBER 0123, CRISIS IN GOVERNMENT

RECOMMENDATION
It is recommended that the City Council, by motion:

1. Approve the City’s second, follow-up response to the 2023-24 San Joaquin Civil Grand Jury Case Number 0123, Crisis in Government.

2. Authorize the City Attorney to submit all approved responses to the San Joaquin County Civil Grand Jury on behalf of the City and Council.

Summary
Each year it is the duty of the San Joaquin Civil Grand Jury to examine and investigate the activities of local government and agencies within San Joaquin County. The 2023-2024 Civil Grand Jury conducted a new investigation, entitled “Crisis in Government.” This presented item is the City’s second, follow-up response to the 2023-24 Grand Jury’s Case No. 0123, “Crisis in Government” (Attachment A).

DISCUSSION
Background
California Penal Code section 933 requires that “a grand jury shall provide to the affected agency a copy of the portion of the grand jury report relating to that person or entity […]” and “no later than 90 days after the grand jury submits a final report on the operations of any public agency subject to its reviewing authority, the governing body of the public agency shall comment to the presiding judge of the superior court on the findings and recommendations pertaining to matters under control of the governing body […].”
The City received the Grand Jury’s notification of this report on June 10, 2024. The City Manager, City Attorney, Interim City Clerk and staff worked through the Council Legislative Committee to develop and make recommendations to the full Council responsive to the recommendations issued in this report.

On August 20, 2024, by motion 2024-08-20-1210, the City Council approved the City’s initial 90-day response to the full 2023-24 report. That response included responses to other, older Grand Jury reports as well as the 2023/24 report regarding case number 0123, Crisis in Government,” with information available at that time. The response confirmed the timelines for the City to provide City of Stockton Page 1 of 2 Printed on 5/8/2025
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File #: 25-0567, Version: 1
information available at that time. The response confirmed the timelines for the City to provide additional information, as necessary, and as required by the Grand Jury (Attachment B).

On October 1, 2024, by motion 2024-10-01-1205, the City Council approved the City’s second followup response to the 2023-24 San Joaquin Civil Grand Jury’s Second Look at the 2018-19 Report, Case No. 0318, Cold Cases in San Joaquin County: On the Back Burner. While that report did not include a substantive response to Case No. 0123, within that response, the City agreed to provide the Grand Jury with a second follow-up response to Case No. 0123, Crisis in Government, in April 2025 (Attachment C).
***NOTE: The second response presented to the Council on October 1, 2024, did not include a substantive follow-up response to Case No. 0123, Crisis in Government. Instead, it provided a target date for a second follow-up response to Case No. 0123. Therefore, technically, the current follow-up response should be the first (substantive) follow-up response for Case No. 0123. However, to avoid confusion and provide consistency and continuity with previous responses, this response will continue to be referenced as the second follow-up response to Case No. 0123.

Present Situation
Due to staffing changes, the next follow-up response was not submitted in April 2025. This item is now presented for Council consideration so that the City may provide its second follow-up response.

City of Stockton: Crisis in Government - Case No. 0123
The City’s initial response to Case No. 0123, Crisis in Government (Attachment B), provided responses to already addressed recommendations and committed to follow-up responses for recommendations not yet addressed. This second follow-up response will update all remaining items that have been addressed. Grand Jury recommendations will continue to come to the full Council for consideration as staff continue to work through the remaining items.

The City anticipates the next update to the Grand Jury in September 2025.

If approved, the City Attorney will submit all responses, Attachment A to the Grand Jury on behalf of the City and Council.

FINANCIAL SUMMARY
Approving the City’s second, follow-up response to the 2023-24 Grand Jury’s Case No. 0123, Crisis in Government, will not impact the City’s General or Special Funds in any way.

Attachment A - Second follow-up response to Case No. 0123, Crisis in Government Attachment B - Initial response to Case No. 0123, Crisis in Government Attachment C - October 10, 2024 Staff Report
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May 14, 2025 Via Email:
[email protected]
Honorable Gus C. Barrerra II, Presiding Judge
San Joaquin County Superior Court
180 E. Weber Ave, Suite 1306J
Stockton, CA 95202
CITY OF STOCKTON SECOND FOLLOW-UP RESPONSE TO 2023-24 SAN JOAQUIN COUNTY CIVIL GRAND JURY REPORT “CITY OF STOCKTON: CRISIS IN GOVERNMENT” CASE NO. 0123
The City of Stockton received the above-named Grand Jury report on Monday, June 10, 2024. In accordance with Sections 933 and 933.05 of the California Penal Code, specific responses to all findings and recommendations contained in the report are to be submitted to the Presiding Judge of the San Joaquin County Superior Court within 90 days of receipt of the report.

The City of Stockton, and the Stockton City Council accepted the 2023-24 San Joaquin County Civil Grand Jury Report titled “City of Stockton: Crisis in City Government, Case No. 0123” on August 20, 2024, and acknowledged all findings contained within: F1.1 thru F1.6, F2.1 thru F2.6, and F3.1. Initial responses were provided with a commitment to providing follow-up responses on those items still in progress.

The City and Council of the City of Stockton offer these follow-up responses, broken out by area of investigation as outlined in the report for the remaining Grand Jury recommendations not addressed in the last response.

These responses were presented to the Council for consideration and approval during its public meeting on May 13, 2025, and approved by motion 2025-05-13-xxxx. //
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ATTACHMENT A
50 1. Threatening Work Environment
Recommendations & Responses:

R1.2 By March 31, 2025, the City Council should adopt rules for handling unlawful threatening Communications received by City officials and employees. Unlawful threats, not covered under the First Amendment, should be referred to the District Attorney’s office.

CITY RESPONSE:

The City’s Charter Officers (Clerk and Attorney) will work together, in coordination with the City Council’s Legislation Committee, to discuss and prepare appropriate and relevant draft policies for review and approval by the full Council no later than August 31, 2025. A progress update will be provided to the Grand Jury and Presiding Judge in September 2025.

R1.6 By March 31, 2025, the City shall enact a policy that all employees of the Mayor’s office are under the same mandated employment rules and laws as the rest of the City staff.

CITY RESPONSE:

The City Council acknowledges the Grand Jury’s recommendation R1.6.

However, the recommendation and report do not contain sufficient information to response other than as follows:

Under City of Stockton Charter section 1102(n) all the Mayor’s appointees “shall serve at the pleasure of the Mayor in the unclassified service; and shall serve under such terms and conditions, salaries and benefits as are similar to other unclassified employees.” All unclassified, at-will employees of the City must adhere to all applicable employment rules and laws.

2. Brown Act
Recommendations & Responses:

R2.1 By March 31, 2025, the City should amend its Closed Session policies and procedures to minimize the risk of revealing confidential information. There should be a requirement that no phone, electronic communication or recording devices be allowed in the room when it is a Closed Session. Additionally, each attendee should sign a pledge of secrecy on entering each meeting as an immediate and continual reminder that the rules of the Brown Act apply. //
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ATTACHMENT A
51 CITY RESPONSE:

The City Attorney brought this item to the City Council’s Legislation Committee for an introductory discussion on August 28, 2024, as item 3.8. The Committee members discussed, provided feedback, and directed staff to bring it back to the Committee for further discussion. The item was brought back on October 23, 2024, as item 3.2 and staff were directed to forward a recommendation for Council consideration. The item was presented to the full council on November 19, 2024, and was adopted under Resolution 2024-11-19-1218 (Attachment R2.2). Additionally, each councilmember (former and current), signed closed session acknowledgement forms. Current council acknowledgments are attached (Attachment R2.1) Former council acknowledgments can be provided if needed.

R2.2 By March 31, 2025, the City should develop a City Ordinance regarding Brown Act violators that includes an impartial process for determining whether the Brown Act confidentiality requirement related to Closed Session has been violated and appropriate sanctions for the violator, including but not limited to, mandatory public censure and removal from committees and commissions.

CITY RESPONSE:

The City Attorney brought this item to the City Council’s Legislation Committee for an introductory discussion on August 28, 2024, as item 3.8. The Committee members discussed, provided feedback, and directed staff to bring it back to the Committee for further discussion. The item was brought back on October 23, 2024, as item 3.2 and staff was directed to forward a recommendation for Council consideration. The item was presented to the full council on November 19, 2024, and was adopted under Resolution 2024-11-19-1218 (Attachment R2.2).

R2.3 By March 31, 2025, the City should enact a policy that all findings of Brown Act violations investigations must be released to the Civil Grand Jury within seven days of receipt by the Council.

CITY RESPONSE:

The City’s Charter Officers (Clerk and Attorney) will work together, in coordination with appropriate City Council Committees, to discuss appropriate and relevant policies. A progress update will be provided to the Grand Jury and Presiding Judge in September 2025.
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ATTACHMENT A
52 3. Grievance Process
Recommendations & Responses:

R3.1 By March 31, 2025, the City should hire an independent third party to investigate the City’s Ethics Hotline process to regain employee and public trust in the system.

CITY RESPONSE:

The City Attorney, with assistance from relevant Charter Officers, will present for Council consideration, the engagement of an independent third party to monitor and reply to the City’s ethics hotline. A progress update will be provided to the Grand Jury and Presiding Judge in September 2025.

ATTACHMENT A
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August 21, 2024 Via Email:
[email protected]
Honorable Gus C. Barrerra II, Presiding Judge
San Joaquin County Superior Court
180 E. Weber Ave, Suite 1306J
Stockton, CA 95202
CITY OF STOCKTON RESPONSE TO 2023-24 SAN JOAQUIN COUNTY CIVIL GRAND JURY REPORT “CITY OF STOCKTON: CRISIS IN GOVERNMENT” CASE NO. 0123______________________________________________________ The City of Stockton received the above-named Grand Jury report on Monday, June 10, 2024. In accordance with Sections 933 and 933.05 of the California Penal Code, specific responses to all findings and recommendations contained in the report are to be submitted to the Presiding Judge of the San Joaquin County Superior Court within 90 days of receipt of the report.

The City of Stockton, and the Stockton City Council accept the 2023-24 San Joaquin County Civil Grand Jury Report titled “City of Stockton: Crisis in City Government, Case No. 0123” and acknowledge all findings contained within: F1.1 thru F1.6, F2.1 thru F2.6, and F3.1.

Additionally, the City and Council of the City of Stockton offer the following responses to the Grand Jury recommendations, broken out by area of investigation, as outlined in the report. These responses were presented to the Council for consideration and approval during its public meeting on August 20, 2024, and approved by motion 2024-08-20-xxxx.
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OFFICE OF THE CITY MANAGER
City Hall Ÿ 425 N. El Dorado Street Ÿ Stockton, CA 95202-1951 Ÿ 209 / 937-8212 Ÿ Fax 209 / 937-7149 www.stocktonca.gov

ATTACHMENT B
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1. Threatening Work Environment
Recommendations & Responses:

R1.1 The City Council should stop enabling the SMP from interfering with effective city government through their continued association and/or support of individuals associated with the SMP.

CITY RESPONSE:

The City Council acknowledges the Grand Jury’s recommendation R1.1.

R1.2 By March 31, 2025, the City Council should adopt rules for handling unlawful threatening Communications received by City officials and employees.

Unlawful threats, not covered under the First Amendment, should be referred to the District Attorney’s office.

CITY RESPONSE:

The City’s Charter Officers (Manager, Attorney, Auditor, and Clerk) plan to work together, in coordination with the City Council’s Audit and Legislative Commitees, to discuss and prepare appropriate and relevant draft policies for review and approval by the full Council no later than March 31, 2025. A progress update will be provided to the Grand Jury and Presiding Judge in April of 2025.

R1.3 By March 31, 2025, the City should adopt an ordinance similar to the City of San Franciso Campaign and Governmental Conduct Code Section 1500 et seq., to strengthen election transparency. That ordinance requires political consultants and candidates to file reports directly to the City in all municipal elections listing business relationships, financial investments, and who they pay for political help or receive in-kind support from, as well as indicating who they support in elections.

CITY RESPONSE:

The Interim City Clerk brought this item to the City Council’s Legislative and Environmental Committee for an introductory discussion, on July 17, 2024, as item 3.2 (agenda). The Committee members discussed and provided to staff feedback, including consideration of the above-mentioned code language from City of San Francisco. This item will continue to be updated under the direction of the Council Committee before being finalized to go to the full Council for approval and adoption. Supporting documents from the July 17th Committee meeting are included as Attachment R1.3.

R1.4 By March 31, 2025, the City should not agendize Chartered Officers performance reviews on an ongoing basis but set them annually or for

ATTACHMENT B
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specific situations which require notice by law.

CITY RESPONSE:

The City Council provided direction to cease the agendization of Chartered Officers performance reviews on an ongoing basis and instead set them annually for specific situations which require notice by law.

R1.5 By March 31, 2025, the City should amend its policies and procedures to make all Form 700 filings available to the public online.

CITY RESPONSE:

The City agrees with this recommendation. As such, the Interim City Clerk notified staff of the updates to the public’s ability to access Form 700 information online, via memo on June 24, 2024 (Attachment R1.5). Links to the Public Portal are now available on the Clerk’s webpage on the City website, under the Fair Political Practices Commission (FPPC) tab.

R1.6 By March 31, 2025, the City shall enact a policy that all employees of the Mayor’s office are under the same mandated employment rules and laws as the rest of the City staff.

CITY RESPONSE:

The City’s Charter Officers (Manager, Attorney, Auditor, and Clerk) plan to work together, in coordination with the City Council’s Audit and Legislative Commitees, to discuss and prepare appropriate and relevant draft policies for review and approval by the full Council no later than March 31, 2025. A progress update will be provided to the Grand Jury and Presiding Judge in April of 2025.

2. Brown Act
Recommendations & Responses:

R2.1 By March 31, 2025, the City should amend its Closed Session policies and procedures to minimize the risk of revealing confidential information. There should be a requirement that no phone, electronic communication or recording devices be allowed in the room when it is a Closed Session.

Additionally, each attendee should sign a pledge of secrecy on entering each meeting as an immediate and continual reminder that the rules of the Brown Act apply.

ATTACHMENT B
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CITY RESPONSE:

The City Attorney is scheduled to introduce draft language related to use of cellphone and technology to the Council Legislative Committee meeting, August 21, 2024, for discussion and feedback. This item will continue to be updated under the direction of the Council Committee before being finalized to go to the full Council for approval and adoption before March 31, 2025. A progress update will be provided to the Grand Jury and Presiding Judge in April of 2025.

R2.2 By March 31, 2025, the City should develop a City Ordinance regarding Brown Act violators that includes an impartial process for determining whether the Brown Act confidentiality requirement related to Closed Session has been violated and appropriate sanctions for the violator, including but not limited to, mandatory public censure and removal from committees and commissions.

CITY RESPONSE:

The City Attorney is scheduled to introduce draft language related to censure and discipline to the Council Legislative Committee meeting, August 21, 2024, for discussion and feedback. A separate discussion will be planned related to handling Brown Act vilations or violators. These item will continue to be updated under the direction of the Council Committee before being finalized to go to the full Council for approval and adoption before March 31, 2025. A progress update will be provided to the Grand Jury and Presiding Judge in April of 2025.

R2.3 By March 31, 2025, the City should enact a policy that all findings of Brown Act violations investigations must be released to the Civil Grand Jury within seven days of receipt by the Council.

CITY RESPONSE:

The City’s Charter Officers (Manager, Attorney, Auditor, and Clerk) plan to work together, in coordination with the City Council’s Audit and Legislative Commitees, to discuss and prepare appropriate and relevant draft policies for review and approval by the full Council no later than March 31, 2025. A progress update will be provided to the Grand Jury and Presiding Judge in April of 2025.

R2.4 By March 31, 2025, the City should amend their policies and procedures regarding the use of City Stationary. For example, the City of Lodi ordinance states:

Section 7.4 Use of City Letterhead or City Seal All Council Member correspondence written on City resources, i.e. letterhead, staff support, postage, etc., will reflect a majority position of the Council, not individual

ATTACHMENT B
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Council Members’ positions. All Council Member correspondence using City resources shall be copied to the full Council.

CITY RESPONSE:

In April of 2024, the Stockton City Council directed the City Manager and City Attorney to work with the Council Legislative Committee to draft a policy addressing concerns regarding the use of City letterhead. Stockton Council Policy 2.06 – Council Communications was revised to add a new section, Policy 2.06.020 – Use of City Letterhead. This Council Policy was approved by the full Stockton City Council at its June 18, 2024 meeting, as consent item

12.4, under Resolution 2024-06-18-1204. A copy of the staff report, resolution, and related attachments have been included as Attachment R2.4.

3. Grievance Process
Recommendations & Responses:

R3.1 By March 31, 2025, the City should hire an independent third party to investigate the City’s Ethics Hotline process to regain employee and public trust in the system.

CITY RESPONSE:

The City Attorney, with assistance from the City Auditor and City Manager, will engage an independent third party to assess the ethics hotline process.

A progress update will be provided to the Grand Jury and Presiding Judge in April of 2025.
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HARRY BLACK

ATTACHMENT B
77 City of Stockton
Legislation Text
File #: 24-0658, Version: 1

DISCUSSION OF COUNCILMEMBER CODE OF ETHICS AND EXISTING CREED FOR

COUNCILMEMBERS

RECOMMENDATION
It is recommended that the Legislation and Environmental Committee receive information and discuss a Councilmember Code of Ethics as well as review the existing Creed for Councilmembers and decide whether changes are necessary.

Summary
The Council Policy Manual (CPM) contains Chapter 2.03 - Code of Ethics for Elected Officials and Commissioners and several policies with sections related to ethical conduct throughout the manual.

Review of the CPM revealed an opportunity to clarify areas of ethical conduct as well as those not previously addressed.

Likewise, there is an existing Creed for Councilmembers dating back to the mid-80’s which needs review and modernization.

Staff seeks direction from the Legislation and Environmental Committee on potential revisions to the CPM and Creed.

DISCUSSION
Background
Council Policy Manual
Currently, CPM Chapter 2.03 - Code of Ethics for Elected Officials and Commissioners (Attachment A) is very brief and speaks specifically to requirements under AB1234, state required mandatory ethics training. As a reminder, AB1234 relates to financial interests and perks for covered officials.

Other Chapters within the CPM which contain sections that address areas of ethical conduct, include Chapter 4.04 - Closed Sessions; Chapter 4.06 - Roles and Rules; Chapter 4.07 - Decorum primarily address conduct during meetings; and Chapter 4.08 - Council Censure addresses formal action procedures for Councilmember misconduct. These Chapters may return for further review as applicable during the CPM update process.

There is an opportunity to incorporate additional language into the Council Policy Manual to reflect best practices.

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ATTACHMENT B
78 File #: 24-0658, Version: 1
Creed
On January 13, 1986, Councilmember McGaughey presented a Creed for Councilmembers that originated from the City of San Jose. The City Council voted to send it to the Legislation and Election Committee for consideration. On February 12, 1986, at the Legislation and Election Committee meeting, members reviewed and forwarded the Creed for Councilmembers to the City Council for adoption. The City Council adopted the Creed for Councilmembers at the meeting of March 17, 1986, via Resolution 86-0131 (Attachment B).

Present Situation
Council Policy Manual
For consideration, and consistent with the recommendation of the San Joaquin County Civil Grand Jury, staff has provided excerpts from the City and County of San Francisco’s Campaign and Governmental Conduct Code (“SF Code”).

Within the SF Code, is Article I, Chapter 5 Regulation of Campaign Consultants (Attachment C).

Staff asks the Committee to consider potential adoption of excerpts of this chapter to increase the integrity and transparency of the electoral process and governance within the City of Stockton.

Article III, Chapter 2 of the SF Code addresses Conflict of Interest and Other Prohibited Activities (Attachment D) and defines prohibited activities in greater detail than currently addressed in the Stockton CPM or elsewhere in its policies or regulations. Staff recommends the Committee consider incorporating language from Chapter 2 of the SF Code to further refine the language in the Stockton CPM.

Creed
The Creed for Councilmembers has not been reviewed in 38 years. Accordingly, Staff recommends a review of the Creed for any relevant additions or deletions.

Next Steps
Staff requests direction from the Legislation and Environmental Committee on what changes, if any, to bring back for review at a subsequent meeting.

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ATTACHMENT B
79 CHAPTER 2.03

CODE OF ETHICS FOR ELECTED OFFICIALS AND COMMISSIONERS
§ 2.03.010. Policy.
§ 2.03.020. Responsibilities.

Locally elected officials: Attend required ethics training or take training online.

Commissioners eligible for a stipend: Attend required ethics training or take training online.
§ 2.03.030. Relevant authority.

Assembly Bill No. 1234, AB 1234.
§ 2.03.040. Related administrative directive, city policy, city procedure.

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

California Office of the Attorney General – Free online ethics training courses:
http://oag.ca.gov/ethics
§ 2.03.060. Frequently asked questions.

None applicable.
§ 2.03.070. Update history.
10/31/77 - Adopted Resolution No. 34,620
2/6/84 - Amended by Resolution No. 40-380
8/25/86 - Amended by Resolution No. 86-0549
1) State law (commonly known as AB 1234) requires mandatory ethical training on all elected local officials and those Commissions eligible to receive a stipend or reimbursement.
2) Each Commissioner to which this chapter applies must receive two hours training in ethics within the first year of his/her appointment and, thereafter, must receive two hours of ethics training every two years.
3) The City will endeavor to provide this training live, and Commissioners are strongly encouraged to attend the live training in order to have interaction with, and to ask questions of, the presenter. The training may, however, also be taken online. 4) Failure to meet this training requirement within the applicable timeframe is cause for removal.

City of Stockton, CA
§ 2.03.010 § 2.03.070
Downloaded from https://ecode360.com/ST5019 on 2024-06-20

ATTACHMENT B
80 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
§ 2.03.070 § 2.03.070
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ATTACHMENT B
81 ATTACHMENT B
82 ATTACHMENT B
83 CHAPTER 5:

REGULATION OF CAMPAIGN CONSULTANTS
New Legislation Notice
Publisher's Note: This Chapter has been AMENDED by new legislation (Proposition D, adopted 3/5/2024, effective 4/12/2024, oper. 10/12/2024).

The text of the section will be included below when the new legislation is operative.

Sec. 1.500. Findings.

Sec. 1.510. Prohibitions.

Sec. 1.515. Registration, Reregistration, Reporting, and Fees.

Sec. 1.520. Powers and Duties of the Ethics Commission.

Sec. 1.525. Administrative and Civil Enforcement, and Penalties.

Sec. 1.530. Code of Conduct.

Sec. 1.535. Severability.

Sec. 1.540. Electronic Filing of Statements and Reports.

Sec. 1.545. Construction with Other Laws.

SEC. 1.500. FINDINGS.
(a) The City and County of San Francisco has a paramount interest in protecting the integrity and credibility of its electoral and government institutions. Election campaigns are highly competitive in San Francisco, and candidates frequently contract for the services of professional campaign consultants who specialize in guiding and managing campaigns. (b) It is the purpose and intent of the people of the City and County of San Francisco in enacting this Chapter to impose reasonable registration and disclosure requirements on campaign consultants. Required registration and disclosure of information by campaign consultants will assist the public in making informed decisions, and protect public confidence in the electoral and governmental processes.
(Added by Ord. 71-00, File No. 000358, App. 4/28/2000) (Derivation: Former Administrative Code Section 16.540; added by Proposition G, 11/4/97) SEC. 1.505. DEFINITIONS.

Whenever used in this Chapter, the following definitions shall apply:
(a) "Campaign consultant" means any person or entity that receives or is promised economic consideration equaling $1,000 or more in a calendar year for campaign consulting services. The term "campaign consultant" includes any person or entity that subcontracts with a campaign consultant to provide campaign consulting services, and that receives or is promised economic consideration equaling $1,000 or more in a calendar year for providing campaign consulting services. The term "campaign consultant" does not include persons who are employees of a campaign consultant, attorneys who provide only legal services, accountants who provide only accounting services, pollsters who provide only polling services, and treasurers who provide only those services which are required of treasurers by the Political Reform Act, California Government Code Section 81000, et seq. (b) "Campaign consulting services" means participating in campaign management or developing or participating in the development of campaign strategy.
(c) "Campaign management" means conducting, coordinating or supervising a campaign to elect, defeat, retain or recall a candidate, or adopt or defeat a measure, including but not limited to hiring or authorizing the hiring of campaign staff and consultants, spending or authorizing the expenditure of campaign funds, directing, supervising or conducting the solicitation of contributions to the campaign, and selecting or recommending vendors or subvendors of goods or services for the campaign. (d) "Campaign strategy" means plans for the election, defeat, retention or recall of a candidate, or for the adoption or defeat of a measure, including but not limited to producing or authorizing the production of campaign literature and print and broadcast advertising, seeking endorsements of organizations or individuals, seeking financing, or advising on public policy positions. (e) "Candidate" means a person who has taken affirmative action to seek nomination or election to local office, a local officeholder who has taken affirmative action to seek nomination or election to any elective office, or a local officeholder who is the subject of a

ATTACHMENT B
84 recall election.
(f) "Economic consideration" means any payments, fees, commissions, reimbursements for expenses, gifts, or anything else of value. (g) "Lobby" means communicate with a local officeholder for the purpose of influencing local legislative or administrative action in exchange for economic consideration.
(h) "Lobbyist" is defined in Article II of this Code.*
(i) "Local office" means the following elective offices in the City and County of San Francisco: Mayor, Board of Supervisors, City Attorney, District Attorney, Treasurer, Sheriff, Assessor, Public Defender, Board of Education of the San Francisco Unified School District, and Governing Board of the San Francisco Community College District. (j) "Measure" means a local referendum or local ballot measure, whether or not it qualifies for the ballot. (k) "Vendor" means a person or entity who sells goods or services, other than campaign consulting services, including but not limited to printing, catering, and transportation services. The term "vendor" does not include attorneys who provide only legal services, accountants who provide only accounting services, pollsters who provide only polling services, and treasurers who provide only those services which are required of treasurers by the Political Reform Act, California Government Code Section 81000 et seq. (Added by Ord. 71-00, File No. 000358, App. 4/28/2000) (Derivation: Former Administrative Code Section 16.541; added by Proposition G, 11/4/97) Editor's note
*The Regulation of Lobbyists Ordinance, which was previously codified at Administrative Code Section 16.520, et seq., is now codified in Article II of this Code.

SEC. 1.510. PROHIBITIONS.

It shall be unlawful for any campaign consultant to provide campaign consulting services, or accept any economic consideration for the provision of campaign consulting services, without first registering with the Ethics Commission and complying with the reporting requirements specified in Section 1.515.
(Added by Ord. 71-00, File No. 000358, App. 4/28/2000) (Derivation: Former Administrative Code Section 16.542; added by Proposition G, 11/4/97) SEC. 1.515. REGISTRATION, REREGISTRATION, REPORTING, AND FEES. (a) REGISTRATION REPORTS. At the time of initial registration, each campaign consultant shall report to the Ethics Commission the following information:
(1) The name, business address and business phone number of the campaign consultant; (2) If the campaign consultant is an individual, the name of the campaign consultant's employer and a description of the business activity engaged in by the employer;
(3) The names of any individuals employed by the campaign consultant to assist in providing campaign consulting services; (4) A statement of whether the campaign consultant is required to register with the Ethics Commission pursuant to the Regulation of Lobbyists Ordinance, San Francisco Campaign and Governmental Conduct Code, Article II;* (5) A statement of whether the campaign consultant is required to register with the Tax Collector pursuant to the Business Tax Ordinance, San Francisco Municipal Code, Part III, Section 1001, et. seq.; (6) The name, address, and telephone number of each client to whom the campaign consultant provided campaign consulting services during the preceding three months;
(7) For each client, the total economic consideration promised by or received from the client in exchange for the provision of campaign consulting services during the preceding three months, provided that the total is $500 or more; (8) Each political contribution of $100 or more made or delivered by the campaign consultant, or made by a client at the behest of the campaign consultant, or for which the campaign consultant acted as an agent or intermediary, during the preceding three months in support of or in opposition to a candidate or measure;
(9) The cumulative total of all political contributions made or delivered by the campaign consultant, or which is made by a client at the behest of the campaign consultant, or for which the campaign consultant acted as an agent or intermediary, during the preceding three months in support of or in opposition to each individual candidate or measure, provided that the cumulative total is $500 or more; (10) Any gifts promised or made by the campaign consultant to a local officeholder during the preceding three months which in the aggregate total $50 or more; and
(11) Any other information required by the Ethics Commission consistent with the purposes and provisions of this Chapter. (b) REREGISTRATION REPORTS. Each campaign consultant shall reregister annually no later January 1st. (c) FEES. At the time of initial registration and reregistration, each campaign consultant shall pay to the Ethics Commission a

ATTACHMENT B
85 registration fee and an additional fee for each client of the campaign consultant. The amount of the fee shall be:
(i) Campaign consultants earning at least $1,000 but not more than $5,000 per calendar year shall pay a registration fee of $50 and shall pay a client fee of $50 per client;
(ii) Campaign consultants earning more than $5,000 but not more than $20,000 per calendar year shall pay a registration fee of $200 and a client fee of $50 per client;
(iii) Campaign consultants earning more than $20,000 per calendar year shall pay a registration fee of $400 and a client fee of $50 per client.

When a client is acquired subsequent to initial registration or reregistration, the per client fee shall be paid at the time of filing the information required by Subsection (d). The Ethics Commission shall deposit fees collected pursuant to this Section in the General Fund of the City and County of San Francisco. On or after July 1, 1999, the Ethics Commission shall evaluate the fees set by this Section and propose any amendments for approval by the Board of Supervisors no later than December 1, 1999. If the Ethics Commission or the Board of Supervisors takes no action, the fees set by this Section shall remain in effect. (d) CLIENT AUTHORIZATION STATEMENTS. At the time of initial registration, the campaign consultant shall submit to the Ethics Commission a written authorization from each client that contracts with the campaign consultant for campaign consulting services.

If the campaign consultant is retained by a client after the date of initial registration, the campaign consultant must file a Client Authorization Statement before providing any campaign consulting services to the client and before receiving any economic consideration from the client in exchange for campaign consulting services, and in any event no later than 15 days after being retained to provide campaign consulting services to the client.
(e) QUARTERLY REPORTS. Each campaign consultant shall file with the Ethics Commission quarterly reports containing the following information:
(1) For each client, the total economic consideration promised by or received from the client during the reporting period for campaign consulting services, provided that the total is $500 or more; (2) The total economic consideration promised by or received from all clients during the reporting period for campaign consulting services;
(3) Political contributions of $100 or more made or delivered by the campaign consultant, or made by a client at the behest of the campaign consultant, or for which the campaign consultant acted as an agent or intermediary, during the reporting period in support of or in opposition to a candidate or measure;
(4) The cumulative total of all political contributions made or delivered by the campaign consultant, or made by a client at the behest of the campaign consultant, or for which the campaign consultant acted as an agent or intermediary, during the reporting period in support of or in opposition to each individual candidate or measure, provided that the cumulative total is $500 or more; (5) Any gifts promised or made by the campaign consultant to a local officeholder during the reporting period which in the aggregate total $50 or more;
(6) Economic consideration promised to or received by the campaign consultant during the reporting period from vendors and subvendors who provided campaign-related goods or services to a current client of the campaign consultant; (7) The name of each local officeholder and City employee who is employed by the campaign consultant, or by a client of the campaign consultant at the behest of the campaign consultant, during the reporting period; (8) Each City contract obtained by the campaign consultant during the reporting period, provided that the contract is approved by a local officeholder who is a client of the campaign consultant; (9) Each appointment to public office received by the campaign consultant during the reporting period, provided that the appointment is made by a local office-holder who is a client of the campaign consultant; (10) Any other information required by the Ethics Commission consistent with the purposes and provisions of this Chapter.

Quarterly reports are due as follows: The report for the period starting December 1st and ending February 28th is due March 15th; the report for the period starting March 1st and ending May 31st is due June 15th; the report for the period starting June 1st and ending August 31st is due September 15th; and the report for the period starting September 1st and ending November 30th is due December 15th.
(f) CLIENT TERMINATION STATEMENTS. Within 30 days after a client terminates the services of a campaign consultant, the campaign consultant shall submit to the Ethics Commission a statement that the client has terminated the services of the campaign consultant. A campaign consultant may not provide campaign consulting services to a client or accept economic consideration for the provision of campaign consulting services after a client termination statement is filed, until a new client authorization statement has been filed pursuant to Section 1.515(d).
(g) CAMPAIGN CONSULTANT TERMINATION STATEMENTS. A campaign consultant shall comply with all requirements of this Chapter until the campaign consultant ceases all activity as a campaign consultant and files a statement of termination with the Ethics Commission. A statement of termination must include all information required by Subsection (e) for the period since the campaign consultant's last quarterly report.

ATTACHMENT B
86 (h) Each campaign consultant shall verify, under penalty of perjury, the accuracy and completeness of the information provided under Sections 1.515 and 1.520(c).
(i) Each campaign consultant shall retain for a period of five years all books, papers and documents necessary to substantiate the reports and statements required under this Chapter.
(Added by Ord. 71-00, File No. 000358, App. 4/28/2000) (Derivation: Former Administrative Code Section 16.543; added by Proposition G, 11/4/97) Editor's note
*The Regulation of Lobbyists Ordinance, which was previously codified at Administrative Code Section 16.520, et seq., is now codified in Article II of this Code.

SEC. 1.520. POWERS AND DUTIES OF THE ETHICS COMMISSION. (a) The Ethics Commission shall provide forms for the reporting of all information required by this Chapter. (b) The Ethics Commission shall issue a registration number to each registered campaign consultant. (c) At the time of initial registration and reregistration, the Ethics Commission shall provide the campaign consultant with a copy of the City's campaign and lobbyist laws, the Code of Conduct specified in Section 1.530, and any related material which the Commission determines will serve the purposes of this Chapter. Each campaign consultant must sign a statement acknowledging receipt of these materials.
(d) The Ethics Commission shall compile the information provided in registration and quarterly reports filed pursuant to this Chapter as soon as practicable after the close of each quarter and shall forward a report of the compiled information to the Board of Supervisors and the Mayor.
(e) The Ethics Commission shall preserve all original reports, statements, and other records required to be kept or filed under this Chapter for a period of five years. Such reports, statements, and records shall constitute a part of the public records of the Ethics Commission and shall be open to public inspection.
(f) The Commission shall provide formal and informal advice regarding the duties under this Chapter of a person or entity pursuant to the procedures specified in San Francisco; Charter Section C3.699-12. (g) The Ethics Commission shall have the power to adopt all reasonable and necessary rules and regulations for the implementation of this Chapter pursuant to the procedure specified in Charter Section 15.102.* (Added by Ord. 71-00, File No. 000358, App. 4/28/2000) (Derivation: Former Administrative Code Section 16.544; added by Proposition G, 11/4/97) Editor's note
*The Ethics Commission's authority to adopt rules and regulations was previously codified as Charter Section 3.699-9. Under Proposition E, adopted by the San Francisco voters on November 7, 1995, Charter Section 3.699-9 was recodified as Charter Section

15.102. Accordingly, references to Section 3.699-9 have been changed to Section 15.102.

SEC. 1.525. ADMINISTRATIVE AND CIVIL ENFORCEMENT, AND PENALTIES. (a) If any campaign consultant files an original statement or report after any deadline imposed by this Chapter, the Ethics Commission shall, in addition to any other penalties or remedies established in this Chapter, fine the campaign consultant $50 per day after the deadline until the statement or report is received by the Ethics Commission. If any campaign consultant files an original statement or report after any deadline imposed by this Chapter, when the deadline is fewer than 30 days before or after an election, the Ethics Commission shall, in addition to any other penalties or remedies established in this Chapter, fine the campaign consultant $100 per day after the deadline until the statement or report is received by the Ethics Commission. The Ethics Commission may reduce or waive a fine if the Commission determines that the late filing was not willful and that enforcement will not further the purposes of this Chapter. The Ethics Commission shall deposit funds collected under this Section in the General Fund of the City and County of San Francisco. (b) Any person who believes that Section 1.510 has been violated may file a complaint with the Ethics Commission. Upon receipt of a complaint, or upon its own initiative, the Commission may investigate allegations of a violation of Section 1.510 and enforce the provisions of Section 1.510 pursuant to the procedures established in San Francisco Charter Section C3.699-13, and the Commission's rules and regulations adopted pursuant to Charter Section 15.102.* (c) When the Commission, pursuant to the procedures specified in Charter Section C3.699-13, determines on the basis of substantial evidence that a person or entity has violated Section 1.510, the Commission may require the person or entity to: (1) cease and desist the violation; (2) file any reports or statements or pay any fees required by this Chapter, and/or (3) pay a monetary penalty of up to $5,000 for each violation, or three times the amount not properly reported, whichever is greater. The Commission may cancel for up to one year the registration of any campaign consultant who has violated Section 1.510. A campaign consultant whose registration has been canceled pursuant to this Section may not provide campaign consulting services in exchange for economic consideration for the period that the registration is canceled. When the period of cancellation ends, the campaign consultant may reregister pursuant to Section 1.515(a) and (c).
(d) Any person or entity which knowingly or negligently violates or who causes any other person to violate Section 1.510 may be liable in a civil action brought by the City Attorney for an amount up to $5,000 per violation, or three times the amount not properly

ATTACHMENT B
87 reported, whichever is greater.
(e) Any person or entity which intentionally or negligently violates Section 1.510 is guilty of a misdemeanor. (f) No administrative, civil, or criminal action shall be maintained to enforce Section 1.510 unless brought within four years after the date the cause of action accrued or the date that the facts constituting the cause of action were discovered by the Ethics Commission, City Attorney, or District Attorney, whichever is later. (g) In investigating any alleged violation of Section 1.510, the Ethics Commission and City Attorney shall have the power to inspect, upon reasonable notice, all documents required to be maintained under Section 1.515(i). This power to inspect documents is in addition to other powers conferred on the Ethics Commission and City Attorney by the Charter, or by ordinance, including the power of subpoena. (Added by Ord. 71-00, File No. 000358, App. 4/28/2000) (Derivation: Former Administrative Code Section 16.545; added by Proposition G, 11/4/97) Editor's note
*The Ethics Commission's authority to adopt rules and regulations was previously codified as Charter Section 3.699-9. Under Proposition E, adopted by the San Francisco voters on November 7, 1995, Charter Section 3.699-9 was recodified as Charter Section

15.102. Accordingly, references to Section 3.699-9 have been changed to Section 15.102.

SEC. 1.530. CODE OF CONDUCT.

At the time of initial registration and reregistration, each campaign consultant must elect whether to voluntarily comply with the following Code of Conduct:
"I am familiar with all the laws, rules and regulations applicable to local campaigns; "I will not knowingly make false statements about the qualifications or positions of any candidate, or about the scope and effect of any measure;
"I will not knowingly make false statements that any real or fictitious person supports or opposes a candidate or measure; "In the event that I make inadvertent false statements about the qualifications or positions of any candidate or about the scope and effect of any measure, I will endeavor to provide corrected information in written form to the Ethics Commission within five days; "I will refrain from appealing to prejudice in the conduct of a campaign, and from conducting, managing or advising a campaign, which appeals to prejudice based on race, gender, ethnic background, religious affiliation or nonaffiliation, sexual orientation, age, disability, or economic status;
"I will refrain from seeking to obtain the support of or opposition to any candidate or measure by the use of financial inducements or by the use of threats or coercion;
"I will refrain from influencing the submission of a measure to the San Francisco voters for the sole purpose of obtaining economic consideration for campaign consulting services;
"I will disclose through a filing at the San Francisco Ethics Commission any agreements that would result in a campaign consulting contract resulting from my efforts to influence the submission of a measure to the San Francisco voters at the time that I seek submission of any such measure;
"I will refrain from seeking to evade, or participating in efforts of others to evade, the legal requirements in laws pertaining to political campaigns;
"I will not knowingly participate in the preparation, dissemination, or broadcast of paid political advertising or campaign materials that contain false information; and
"I will refrain from accepting clients whose interests are adverse to each other." (Added by Ord. 71-00, File No. 000358, App. 4/28/2000) (Derivation: Former Administrative Code Section 16.546; added by Proposition G, 11/4/97) SEC. 1.535. SEVERABILITY.

If any Section, subsection, subdivision, sentence, clause, phrase or portion of this Chapter, or the application thereof to any person or entity is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Chapter or its application to other persons, business entities, or organizations. The Board of Supervisors hereby declares that it would have adopted this Chapter, and each Section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more Sections, subsections, subdivisions, sentences, clauses, phrases, or portions, or the application thereof to any person or entity, to be declared invalid or unconstitutional. (Added by Ord. 71-00, File No. 000358, App. 4/28/2000) (Derivation: Former Administrative Code Section 16.547; added by Proposition G, 11/4/97) SEC. 1.540. ELECTRONIC FILING OF STATEMENTS AND REPORTS. (a) ELECTRONIC FILLING REQUIRED. Whenever campaign consultants are required by this Chapter to file an original statement

ATTACHMENT B
88 or report, the Ethics Commission may require the consultants to file an electronic copy of the statement or report. The electronic copy shall be due no later than the deadline imposed by this Chapter for filing the original statement or report. (b) POWERS AND DUTIES OF THE ETHICS COMMISSION.
(i) Pursuant to San Francisco Charter Section 15.102, the Ethics Commission shall adopt regulations specifying the electronic filing requirements applicable to campaign consultants. The Ethics Commission shall adopt these regulations no fewer than 120 days before the electronic filing requirements are effective.
(ii) The Ethics Commission shall prescribe the format for electronic copies of statements and reports no fewer than 90 days before the statements and reports are due to be filed.
(c) PENALTIES. If any campaign consultant files an electronic copy of a statement or report after the deadline imposed by this Section, the Ethics Commission shall, in addition to any other penalties or remedies established in this Chapter, fine the campaign consultant $10 per day after the deadline until the electronic copy is received by the Ethics Commission. The Ethics Commission may reduce or waive a fine if the Commission determines that the late filing was not willful and that enforcement will not further the purposes of this Chapter. The Ethics Commission shall deposit funds collected under this Section in the General Fund of the City and County of San Francisco.
(Added by Ord. 223-00, File No. 000742, App. 9/29/2000) SEC. 1.545. CONSTRUCTION WITH OTHER LAWS.

Lobbying by campaign consultants and employees of campaign consultants is governed by the applicable provisions of Article II, Chapter 1 of this Code, including Section 2.117, which prohibits campaign consultants and employees of campaign consultants from communicating with current and former clients on behalf of another person or entity for the purpose of influencing local legislative or administrative action in exchange for economic consideration. (Added by Ord. 28-04, File No. 031656, App. 2/20/2004)

ATTACHMENT B
89 CHAPTER 2:

CONFLICT OF INTEREST AND OTHER PROHIBITED ACTIVITIES
Sec. 3.200. Findings and Purpose.

Sec. 3.201. Citation.

Sec. 3.202. Construction.

Sec. 3.203. Definitions.

Sec. 3.204. Amendment or Repeal of this Chapter.

Sec. 3.206. Financial Conflicts of Interest.

Sec. 3.207. Additional Conflicts of Interest for City Elective Officers and Members of Boards and Commissions.

Sec. 3.208. Appointments and Nominations.

Sec. 3.209. Recusals.

Sec. 3.210. Voting on Own Character or Conduct.

Sec. 3.212. Decisions Involving Family Members.

Sec. 3.214. Disclosure of Personal, Professional and Business Relationships.

Sec. 3.216. Gifts.

Sec. 3.218. Incompatible Activities.

Sec. 3.220. Prohibition on Dual Office Holding.

Sec. 3.222. Prohibiting Officers From Contracting With the City and County.

Sec. 3.224. Prohibition on Representing Private Parties Before Other City Officers and Employees – Compensated Advocacy.

Sec. 3.226. Referrals.

Sec. 3.228. Disclosure or Use of Confidential City Information.

Sec. 3.230. Prohibition on Political Activity.

Sec. 3.231. Prohibitions on Political Activity for City Elective Officers and Members of Boards and Commissions.

Sec. 3.232. Prohibition on Use of Public Funds for Printed Greeting Cards.

Sec. 3.234. Post-Employment and Post-Service Restrictions.

Sec. 3.236. Aiding and Abetting.

Sec. 3.238. Filing of False Charges.

Sec. 3.240. Provision of False or Misleading Information; Withholding of Information; and Duty to Cooperate and Assist.

Sec. 3.242. Penalties and Enforcement.

Sec. 3.244. Severability.

SEC. 3.200. FINDINGS AND PURPOSE.
(a) The people of the City and County of San Francisco declare that public office is a public trust and all officers and employees of the City and County shall exercise their public duties in a manner consistent with this trust. To assure that the governmental processes of the City and County promote fairness and equity for all residents and to maintain public trust in governmental institutions, the people of the City and County declare that they have a compelling interest in creating laws regulating conflicts of interest and outside activities of City officers and employees.
(b) The proper operation of the government of the City and County of San Francisco requires that public officers and employees be independent, impartial, and responsible to the people and that public office and employment not be used for personal gain. The public interest, therefore, requires that officers and employees of the City and County be prohibited from making, participating in making or otherwise seeking to influence governmental decisions in which they have a financial interest or accepting gifts and other things of value from regulated sources.
(c) In order to maintain the public's confidence in the integrity of governmental decisions related to the appointment and discipline of public officers and employees, public officers and employees must not give or receive anything of value in consideration of their appointment or accept anything of value from their subordinates, and must not participate in decisions related to their own character or conduct or that of their family members.
(d) City and County contracts should be, and should appear to be, awarded on a fair and impartial basis. The practice of members of Boards and Commissions of the City and County contracting with the City and County creates the potential for, and the appearance of, favoritism or preferential treatment by the City and County. Prohibiting members of Boards and Commissions of the City and County from contracting with the City and County will eliminate both actual and perceived favoritism or preferential treatment without creating

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90 unnecessary barriers to public service.
(e) Government decisions of officers and employees of the City and County should be, and should appear to be, made on a fair and impartial basis. The practice of former officers and employees communicating with their former colleagues on behalf of private interests and the practice of current officers of the City and County communicating with other officers and employees on behalf of any other person for compensation creates the potential for, and the appearance of, undue influence, favoritism or preferential treatment.

Prohibiting former officers and employees from communicating orally, in writing, or in any other manner with their former colleagues for specified periods of time and prohibiting current officers from communicating orally, in writing, or in any other manner with other officers and employees of the City and County on behalf of any other person for compensation will eliminate both actual and perceived undue influence, favoritism or preferential treatment without creating unnecessary barriers to public service. (Added by Proposition E, 11/4/2003) (Former Section 3.200 added by Ord. 71-00, File No. 000358, App. 4/28/2000; repealed by Proposition E, 11/4/2003. Derivation: Former Administrative Code Section 16.980; added by Ord. 374-96, App. 9/30/96) SEC. 3.201. CITATION.

This Chapter may be cited as the San Francisco Government Ethics Ordinance. (Added by Ord. 244-09, File No. 091013, App. 12/3/2009) SEC. 3.202. CONSTRUCTION.

This Chapter shall be liberally construed in order to effectuate its purposes, provided that nothing in this Chapter shall be interpreted or applied to prohibit officers, members and representatives of employee organizations from engaging in organizational activities that are protected by the California Meyers-Milias-Brown Act, the First Amendment to the United States Constitution or any other federal, state or local law. No error, irregularity, informality, neglect or omission of any officer in any procedure taken under this Chapter which does not directly affect the jurisdiction of the Board of Supervisors or the City and County to control the ethical conduct of its officers and employees shall avoid the effect of this Chapter.
(Added by Proposition E, 11/4/2003)
SEC. 3.203. DEFINITIONS.

Whenever in this Chapter 2 the following words or phrases are used, they shall mean:
“Anything of value” shall mean any money or property, private financial advantage, service, payment, advance, forbearance, loan, or promise of future employment, but does not include compensation and expenses paid by the City, contributions as defined herein, or gifts that qualify for gift exceptions established by State or local law. “Associated,” when used in reference to an organization, shall mean any organization in which an individual or a member of his or her immediate family is a director, officer, or trustee, or owns or controls, directly or indirectly, and severally or in the aggregate, at least 10% of the equity, or of which an individual or a member of his or her immediate family is an agent or employee. “City elective officer” shall mean a person who holds the office of Mayor, Member of the Board of Supervisors, City Attorney, District Attorney, Treasurer, Sheriff, Assessor and Public Defender. “Contribution” shall be defined as set forth in the California Political Reform Act, California Government Code section 81000, et seq. “Fundraising” shall mean:
(a) requesting that another person make a contribution; (b) inviting a person to a fundraising event;
(c) supplying names to be used for invitations to a fundraiser; (d) permitting one’s name or signature to appear on a solicitation for contributions or an invitation to a fundraising event; (e) permitting one’s official title to be used on a solicitation for contributions or an invitation to a fundraising event; (f) providing the use of one’s home or business for a fundraising event; (g) paying for at least 20% of the costs of a fundraising event; (h) hiring another person to conduct a fundraising event; (i) delivering a contribution, other than one’s own, by whatever means to a City elective officer, a candidate for City elective office, or a candidate-controlled committee; or
(j) acting as an agent or intermediary in connection with the making of a contribution. “Immediate family” shall mean spouse, registered domestic partner, and dependent children. “Officer” shall mean any person holding City elective office; any member of a board or commission required by Article III, Chapter 1

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91 of this Code to file a statement of economic interests; any person appointed as the chief executive officer under any such board or commission; the head of each City department; the Controller; and the City Administrator. “Solicit” shall mean personally requesting a contribution for any candidate or committee, either orally or in writing. “Subordinate employee” shall mean an employee of any person whose official City responsibilities include directing or evaluating the performance of the employee or any of the employee’s supervisors. (Added by Ord. 244-09, File No. 091013, App. 12/3/2009; amended by Ord. 129-18, File No. 180280, App. 5/30/2018, Eff. 6/30/2018, Oper. 6/30/2018) SEC. 3.204. AMENDMENT OR REPEAL OF THIS CHAPTER.

The voters may amend or repeal this Chapter. The Board of Supervisors may amend this Chapter if all of the following conditions are met:
(a) The amendment furthers the purposes of this Chapter; (b) The Ethics Commission approves the proposed amendment by at least a four-fifths vote of all its members; (c) The proposed amendment is available for public review at least 30 days before the amendment is considered by the Board of Supervisors or any committee of the Board of Supervisors; and (d) The Board of Supervisors approves the proposed amendment by at least a two-thirds vote of all its members. (Added by Proposition E, 11/4/2003)
SEC. 3.206. FINANCIAL CONFLICTS OF INTEREST.
(a) Incorporation of the California Political Reform Act. No officer or employee of the City and County shall make, participate in making, or seek to influence a decision of the City and County in which the officer or employee has a financial interest within the meaning of California Government Code Section 87100 et seq. and any subsequent amendments to these Sections. (b) Incorporation of California Government Code 1090, et seq. No officer or employee of the City and County shall make a contract in which he or she has a financial interest within the meaning of California Government Code Section 1090 et seq. and any subsequent amendments to these Sections.
(c) Future Employment. No officer or employee of the City shall make, participate in making, or otherwise seek to influence a governmental decision, affecting a person or entity with whom the officer or employee is discussing or negotiating an agreement concerning future employment.
(Added by Proposition E, 11/4/2003)
SEC. 3.207. ADDITIONAL CONFLICTS OF INTEREST FOR CITY ELECTIVE OFFICERS AND MEMBERS OF BOARDS AND COMMISSIONS.
(a) Prohibitions. In addition to the restrictions set forth in Section 3.206 and other provisions of this Chapter 2, the following shall also constitute conflicts of interest for City elective officers and members of boards and commissions:
(1) No City elective officer or member of a board or commission may use his or her public position or office to seek or obtain anything of value for the private or professional benefit of himself or herself, his or her immediate family, or for an organization with which he or she is associated.
(2) No City elective officer or member of a board or commission may, directly or by means of an agent, give, offer, promise to give, withhold, or offer or promise to withhold his or her vote or influence, or promise to take or refrain from taking official action with respect to any proposed or pending matter in consideration of, or upon condition that, any other person make or refrain from making a contribution.
(3) No person may offer or give to an officer, directly or indirectly, and no City elective officer or member of a board or commission may solicit or accept from any person, directly or indirectly, anything of value if it could reasonably be expected to influence the officer’s vote, official actions, or judgment with respect to a particular pending legislative or administrative action, or could reasonably be considered as a reward for any official action or inaction on the part of the officer. This subsection (a)(3) does not prohibit a City elective officer or member of a board or commission from engaging in outside employment. (b) Exception: public generally. The prohibition set forth in subsection (a)(1) shall not apply if the resulting benefit, advantage, or privilege also affects a significant segment of the public and the effect is not unique. For purposes of this subsection (b):
(1) A significant segment of the public is at least 25% of:
(A) all businesses or non-profit entities within the official’s jurisdiction; (B) all real property, commercial real property, or residential real property within the official’s jurisdiction; or (C) all individuals within the official’s jurisdiction.

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92 (2) A unique effect on a public official’s financial interest includes a disproportionate effect on:
(A) the development potential or use of the official’s real property or on the income producing potential of the official’s real property or business entity;
(B) an official’s business entity or real property resulting from the proximity of a project that is the subject of a decision; (C) an official’s interests in business entities or real properties resulting from the cumulative effect of the official’s multiple interests in similar entities or properties that is substantially greater than the effect on a single interest; (D) an official’s interest in a business entity or real property resulting from the official’s substantially greater business volume or larger real property size when a decision affects all interests by the same or similar rate or percentage; (E) a person’s income, investments, assets or liabilities, or real property if the person is a source of income or gifts to the official; or
(F) an official’s personal finances or those of his or her immediate family. (Added by Ord. 129-18, File No. 180280, App. 5/30/2018, Eff. 6/30/2018, Oper. 6/30/2018) SEC. 3.208. APPOINTMENTS AND NOMINATIONS.

No person shall give or promise, and no officer or employee of the City and County may solicit or accept, any money or other valuable thing in consideration for (i) the person's nomination or appointment to any City and County office or employment, or promotion or other favorable City and County employment action, or (ii) any other person's nomination or appointment to any City and County office or employment or promotion or other favorable City and County employment action. (Added by Proposition E, 11/4/2003)
SEC. 3.209. RECUSALS.
(a) Recusal Procedures. Any member of a City board or commission who has a conflict of interest under Sections 3.206 or 3.207, or who must recuse himself or herself from a proceeding under California Government Code Section 84308, shall, in the public meeting of the board or commission, upon identifying a conflict of interest immediately prior to the consideration of the matter, do all of the following:
(1) publicly identify the circumstances that give rise to the conflict of interest in detail sufficient to be understood by the public, provided that disclosure of the exact street address of a residence is not required; (2) recuse himself or herself from discussing or acting on the matter; and (3) leave the room until after the discussion, vote, and any other disposition of the matter is concluded, unless the matter has been placed on and remains on the consent calendar.
(b) Recusal Notification. A member of a City board or commission who is required to file a statement of economic interests pursuant to Article III, Chapter 1 of the Campaign and Governmental Conduct Code shall file a recusal notification form each time the member recuses himself or herself, as required by subsection (a). (1) The member shall file the original recusal notification form, along with a copy of the meeting agenda containing the item involving the conflict of interest, with the Ethics Commission within 15 calendar days after the date of the meeting at which the recusal occurred.
(2) The member shall file the recusal notification form with the Ethics Commission even if the member is not present at the meeting that would have involved the conflict of interest.
(3) The recusal notification form shall be filed under penalty of perjury in a method prescribed by the Ethics Commission and shall include, at a minimum, the following:
(A) the member’s name;
(B) the name of the member’s board or commission;
(C) the date of the meeting at which the recusal occurred or would have occurred; (D) the agenda item number, a brief description of the matter, and a statement of whether the matter concerns the making of a contract; and
(E) the financial interest causing the recusal.
(c) Exception. The requirements of this Section 3.209 shall not apply to the members of the Board of Supervisors. (Added by Ord. 129-18, File No. 180280, App. 5/30/2018, Eff. 6/30/2018, Oper. 1/1/2019) SEC. 3.210. VOTING ON OWN CHARACTER OR CONDUCT.

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93 (a) Prohibition. No officer or employee of the City and County shall knowingly vote on or attempt to influence a governmental decision involving his or her own character or conduct, or his or her appointment to any office, position, or employment. (b) Exceptions. Nothing in this Section shall prohibit an officer or employee from (i) responding to allegations, applying for an office, position, or employment, or responding to inquiries; or (ii) participating in the decision of his or her board, commission, or committee to choose him or her as chair, vice chair, or other officer of the board, commission, or committee. (Added by Proposition E, 11/4/2003)
SEC. 3.212. DECISIONS INVOLVING FAMILY MEMBERS.
(a) Prohibition. No officer or employee of the City and County may make, participate in making, or otherwise seek to influence a decision of the City and County regarding an employment action involving a relative. Nothing in this Section shall prohibit an officer or employee from acting as a personal reference or providing a letter of reference for a relative who is seeking appointment to a position in any City department, board, commission or agency other than the officer or employee's department, board, commission or agency or under the control of any such department, board, commission or agency. (b) Delegation. A Department Head who is prohibited under Subsection (a) from participating in an employment action involving a relative shall delegate in writing to an employee within the department any decisions regarding such employment action. (c) Definitions. For purposes of this Section, the term "employment action" shall be limited to hiring, promotion, or discipline, and the term "relative" shall mean a spouse, domestic partner, parent, grandparent, child, sibling, parent-in-law, aunt, uncle, niece, nephew, first cousin, and includes any similar step relationship or relationship created by adoption. (Added by Proposition E, 11/4/2003)
SEC. 3.214. DISCLOSURE OF PERSONAL, PROFESSIONAL AND BUSINESS RELATIONSHIPS.
(a) Disclosure. A City officer or employee shall disclose on the public record any personal, professional or business relationship with any individual who is the subject of or has an ownership or financial interest in the subject of a governmental decision being made by the officer or employee where as a result of the relationship, the ability of the officer or employee to act for the benefit of the public could reasonably be questioned. For the purposes of this Section, the minutes of a public meeting at which the governmental decision is being made, or if the governmental decision is not being made in a public meeting, a memorandum kept on file at the offices of the City officer or employee's department, board, commission or agency shall constitute the public record. (b) Penalties. A court may void any governmental decision made by a City officer or employee who fails to disclose a relationship as required by Subsection (a) if the court determines that: (1) the failure to disclose was willful; and (2) the City officer or employee failed to render his or her decision with disinterested skill, zeal, and diligence and primarily for the benefit of the City. No other penalties shall apply to a violation of this Section, provided that nothing in this Section shall prohibit an appointing authority from imposing discipline for a violation of this Section.
(c) Regulations. The Ethics Commission may adopt regulations setting forth the types of personal, professional and business relationships that must be disclosed pursuant to this Section. (Added by Proposition E, 11/4/2003)
SEC. 3.216. GIFTS.
(a) Prohibition on Bribery. No person shall offer or make, and no officer or employee shall accept, any gift with the intent that the City officer or employee will be influenced thereby in the performance of any official act. (b) General gift restrictions. In addition to the gift limits and reporting requirements imposed by the Political Reform Act and this Code and any subsequent amendments thereto, no officer or employee of the City and County shall solicit or accept any gift or loan from a person who the officer or employee knows or has reason to know is a restricted source, except loans received from commercial lending institutions in the ordinary course of business.
(1) Restricted Source. For purposes of this section, a restricted source means: (A) a person doing business with or seeking to do business with the department of the officer or employee; or (B) a person who during the prior 12 months knowingly attempted to influence the officer or employee in any legislative or administrative action. (2) Gift. For purposes of this subsection, the term gift has the same meaning as under the Political Reform Act, California Government Code Section 81000 et seq., and the regulations adopted thereunder, including any subsequent amendments. Gifts exempted from the limits imposed by California Government Code Section 89503 and Section 3.1-101 of the Campaign and Governmental Conduct Code shall also be exempted from the prohibition set forth in this subsection. (3) Regulations. The Ethics Commission shall issue regulations implementing this section, including regulations exempting voluntary gifts that are nominal in value such as gifts that are given by vendors to clients or customers in the normal course of business. (c) Gifts from Subordinates. No officer or employee shall solicit or accept any gift or loan, either directly or indirectly, from any subordinate or employee under his or her supervision or from any candidate or applicant for a position as a subordinate or employee

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94 under his or her supervision. The Ethics Commission shall issue regulations implementing this Section, including regulations exempting voluntary gifts that are given or received for special occasions or under other circumstances in which gifts are traditionally given or exchanged.
(d) Gifts of Travel.
(1) Gifts to Elected Officers. In addition to the gift limits and reporting requirements imposed by the Political Reform Act and this Code, no elected officer may accept a gift of transportation, lodging, or subsistence for any out-of-state trip paid for in part by an individual or entity other than the City and County of San Francisco, another governmental body, or a bona fide educational institution, defined in Section 203 of the Revenue and Taxation Code, unless the officer has first disclosed on a form filed with the Ethics Commission:
(A) the name of the individual or entity and the total amount that will be paid by the individual or entity to fund the trip, including but not limited to the amount directly related to the cost of the elected officer's transportation, lodging, and subsistence; (B) the name, occupation and employer of any contributor who has contributed more than $500 to the individual or entity funding the trip and whose contributions were used in whole or in part to fund the trip; (C) a description of the purpose of the trip and the itinerary; and (D) the name of any individual accompanying the official on the trip who is:
(i) a City employee required to file a Statement of Economic Interests, (ii) a lobbyist or campaign consultant registered with the Ethics Commission, (iii) an employee of or individual who has any ownership interest in a lobbyist or campaign consultant registered with the Ethics Commission, or
(iv) the individual funding the trip, or an employee or officer of the entity funding the trip. (2) Reimbursement of Gifts of Travel. In addition to any other reporting requirements imposed by the Political Reform Act or local law, an elected officer who reimburses an individual or entity for a gift of transportation, lodging or subsistence related to out-ofstate travel and thereby avoids having received or accepted the gift shall file a form with the Ethics Commission within 30 days of such reimbursement disclosing:
(A) the name of the individual or entity that originally paid for the transportation, lodging or subsistence; (B) the amount paid by the individual or entity for the elected officer's transportation, lodging or subsistence; (C) the amount reimbursed by the elected officer to the individual or entity and the process used to determine that amount; and (D) a description of the purpose of the trip and the itinerary. (3) Format. The Ethics Commission shall provide forms for the disclosure required by this subsection and shall make the completed forms available on its website.
(4) Definition. For the purpose of this subsection, the term "elected officer" means the Mayor, member of the Board of Supervisors, City Attorney, District Attorney, Public Defender, Assessor, Treasurer, and Sheriff. (e) Restrictions. Nothing in this section shall prohibit a City department, agency, board or commission from imposing additional gift restrictions on its officers or employees.
(Added by Proposition E, 11/4/2003; amended by Ord. 128-06, File No. 060217, App. 6/22/2006; Ord. 301-06, File No. 061333, App. 12/18/2006; Ord. 107-11, File No. 110335, App. 6/20/2011, Eff. 7/20/2011)
SEC. 3.218. INCOMPATIBLE ACTIVITIES.
(a) Prohibition. No officer or employee of the City and County may engage in any employment, activity, or enterprise that the department, board, commission, or agency of which he or she is a member or employee has identified as incompatible in a statement of incompatible activities adopted under this Section. No officer or employee may be subject to discipline or penalties under this Section unless he or she has been provided an opportunity to demonstrate that his or her activity is not in fact inconsistent, incompatible or in conflict with the duties of the officer or employee.
(b) Statement of Incompatible Activities. Every department, board, commission, and agency of the City and County shall, by August 1 of the year after which this Section becomes effective, submit to the Ethics Commission a statement of incompatible activities.

No statement of incompatible activities shall become effective until approved by the Ethics Commission after a finding that the activities are incompatible under the criteria set forth in Subsection (c). After initial approval by the Ethics Commission, a department, board, commission or agency of the City and County may, subject to the approval of the Ethics Commission, amend its statement of incompatible activities. The Ethics Commission may, at any time, amend the statement of incompatible activities of any department, board, commission or agency of the City and County.
(c) Required Language. Each statement of incompatible activities shall list those outside activities that are inconsistent, incompatible, or in conflict with the duties of the officers and employees of the department, board, commission, or agency of the City and County. This list shall include, but need not be limited to, activities that involve: (1) the use of the time, facilities, equipment and supplies of the City and County; or the badge, uniform, prestige, or influence of the City and County officer or employee's position for private

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95 gain or advantage; (2) the receipt or acceptance by an officer or employee of the City and County of any money or other thing of value from anyone other than the City and County for the performance of an act that the officer or employee would be required or expected to render in the regular course of his or her service or employment with the City and County; (3) the performance of an act in a capacity other than as an officer or employee of the City and County that may later be subject directly or indirectly to the control, inspection, review, audit or enforcement of the City and County officer or employee's department, board, commission or agency; and (4) time demands that would render performance of the City and County officer or employee's duties less efficient. The Ethics Commission may permit City boards and commissions to exclude any required language from their statement of incompatible activities if their members, by law, must be appointed in whole or in part to represent any profession, trade, business, union or association. (d) Meet and Confer. No statement of incompatible activities or any amendment thereto shall become operative until the City and County has satisfied the meet and confer requirements of State law. (e) Notice. Every department, board, commission and agency of the City and County shall annually provide to its officers and employees a copy of its statement of incompatible activities. (f) Existing Civil Service Rules. Rules and Regulations relating to outside activities previously adopted or approved by the Civil Service Commission shall remain in effect until statements of incompatible activities are adopted pursuant to this Section. (Added by Proposition E, 11/4/2003)
SEC. 3.220. PROHIBITION ON DUAL OFFICE HOLDING.

Any person holding an office under the City and County with an annual salary in excess of $2,500, whether by election or by appointment, who shall, during his or her term of office, hold or retain any other office with such a salary under the government of the United States, the State of California, or the City and County shall be deemed to have thereby vacated the office held by him or her under the City and County. For the purposes of this Section, the term salary does not include: (1) a stipend, per diem, or other payment provided for attendance at meetings; or (2) health, dental or vision insurance, or other non-cash benefits. (Added by Proposition E, 11/4/2003)
SEC. 3.222. PROHIBITING OFFICERS FROM CONTRACTING WITH THE CITY AND COUNTY.
(a) Definitions. For purposes of this Section, the following definitions shall apply:
(1) Business. The term "business" means any corporation, partnership, sole proprietorship, firm, enterprise, franchise, association, organization, or other legal entity or undertaking organized for economic gain. (2) City and County. The term "City and County" includes any commission, board, department, agency, committee, or other organizational unit of the City and County of San Francisco. (3) Contract. The term "contract" means any agreement other than a grant or an agreement for employment in exchange for salary and benefits.
(4) Subcontract. The term "subcontract" means a contract to perform any work that a primary contractor has an agreement with the City and County, the San Francisco Redevelopment Agency, the San Francisco Housing Authority, the San Francisco Unified School District, or the San Francisco Community College District to perform. (b) Prohibition. During his or her term of office, no officer shall enter, submit a bid for, negotiate for, or otherwise attempt to enter, any contract or subcontract with the City and County, the San Francisco Redevelopment Agency, the San Francisco Housing Authority, the San Francisco Unified School District, or the San Francisco Community College District, where the amount of the contract or the subcontract exceeds $10,000.
(c) Exceptions. This Section shall not apply to the following contracts or subcontracts:
(1) A contract or subcontract with a nonprofit organization; (2) A contract or subcontract with a business with which an officer is affiliated unless the officer exercises management and control over the business. A member exercises management and control if he or she is:
(A) An officer or director of a corporation;
(B) A majority shareholder of a closely held corporation; (C) A shareholder with more than five percent beneficial interest in a publicly traded corporation; (D) A general partner or limited partner with more than 20 percent beneficial interest in the partnership; or (E) A general partner regardless of percentage of beneficial interest and who occupies a position of, or exercises management or control of the business;
(3) A contract or subcontract entered into before a member of a board or commission commenced his or her service; (4) An agreement to provide property, goods or services to the City and County at substantially below fair market value; or

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96 (5) A settlement agreement resolving a claim or other legal dispute. (d) Waiver. The Ethics Commission may waive the prohibitions in this section for any officer who, by law, must be appointed to represent any profession, trade, business, union or association. (e) Limitation. Failure of an officer to comply with this Section shall not be grounds for invalidating any contract with the City and County.
(Added by Proposition E, 11/4/2003; Ord. 244-09, File No. 091013, App. 12/3/2009) SEC. 3.224. PROHIBITION ON REPRESENTING PRIVATE PARTIES BEFORE OTHER CITY OFFICERS AND EMPLOYEES – COMPENSATED ADVOCACY.
(a) Prohibition. No officer of the City and County shall directly or indirectly receive any form of compensation to communicate orally, in writing, or in any other manner on behalf of any other person with any other officer or employee of the City and County with the intent to influence a government decision.
(b) Exceptions. This section shall not apply to any communication by: (1) an officer of the City and County on behalf of the City and County; (2) an officer of the City and County on behalf of a business, union, or organization of which the officer is a member or fulltime employee; (3) an associate, partner or employee of an officer of the City and County, unless it is clear from the totality of the circumstances that the associate, partner or employee is merely acting as an agent of the City and County officer; or (4) a City officer in his or her capacity as a licensed attorney engaged in the practice of law, which includes representing clients in communications with the City Attorney's Office, District Attorney's Office, Public Defender's Office, attorneys in the Tax Collector's Office or Sheriff's Office, outside legal counsel hired by the City, representatives of the City who are named in a pending litigation matter or witnesses or potential witnesses in a pending litigation matter.
(c) Waiver. The Ethics Commission may waive the prohibitions in this section for any officer who, by law, must be appointed to represent any profession, trade, business, union or association. (Added by Proposition E, 11/4/2003; Ord. 97-06, File No. 051837, App. 5/19/2006; Ord. 244-09, File No. 091013, App. 12/3/2009) SEC. 3.226. REFERRALS.

No officer or employee of the City and County shall: (a) receive any money, gift or other thing of economic value from a person or entity other than the City and County for referring a member of the public to a person or entity for any advice, service or product related to the processes of the City and County; or (b) condition any governmental action on a member of the public hiring, employing, or contracting with any specific person or entity. The Ethics Commission may waive the restriction in Subsection (b) if the Commission determines that granting a waiver is necessary for the proper administration of a governmental program or action. (Added by Proposition E, 11/4/2003)
SEC. 3.228. DISCLOSURE OR USE OF CONFIDENTIAL CITY INFORMATION.

No current or former officer or employee of the City and County shall: (a) willfully or knowingly disclose any confidential or privileged information, unless authorized or required by law to do so; or (b) use any confidential or privileged information to advance the financial or other private interest of himself or herself or others. Confidential or privileged information is information that at the time of use or disclosure was not subject to disclosure under the Sunshine Ordinance or California Public Records Act. (Added by Proposition E, 11/4/2003)
SEC. 3.230. PROHIBITION ON POLITICAL ACTIVITY.
(a) Solicitation of Contributions. No City officer or employee shall knowingly, directly or indirectly, solicit political contributions from other City officers or employees or from persons on employment lists of the City. Nothing in this Section shall prohibit a City officer or employee from communicating through the mail or by other means requests for political contributions to a significant segment of the public which may include City officers or employees. (b) Political Activities in Uniform. No City officer or employee shall participate in political activities of any kind while in uniform. (c) Political Activities on City Time or Premises. No City officer or employee may engage in political activity during working hours or on City premises. For the purposes of this Subsection, the term "City premises" shall not include City owned property that is made available to the public and can be used for political purposes. (Added by Proposition E, 11/4/2003)
SEC. 3.231. PROHIBITIONS ON POLITICAL ACTIVITY FOR CITY ELECTIVE OFFICERS AND MEMBERS OF BOARDS AND COMMISSIONS.

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97 (a) Solicitation of Campaign Volunteers. No City elective officer or member of a board or commission shall solicit uncompensated volunteer services from any subordinate employee for a campaign for or against any ballot measure or candidate. (b) Fundraising for Appointing Authorities. No member of a board or commission may engage in fundraising on behalf of (1) the officer’s appointing authority, if the appointing authority is a City elective officer; (2) any candidate for the office held by the officer’s appointing authority; or (3) any committee controlled by the officer’s appointing authority. For the purposes of this subsection, “member of a board or commission” shall not include a member of the Board of Supervisors. (Added by Ord. 129-18, File No. 180280, App. 5/30/2018, Eff. 6/30/2018, Oper. 6/30/2018) SEC. 3.232. PROHIBITION ON USE OF PUBLIC FUNDS FOR PRINTED GREETING CARDS.
(a) Definitions. The term "greeting card" means any printed card that celebrates or recognizes a holiday. (b) Prohibition. No public funds may be used to design, produce, create, mail, send, or deliver any printed greeting card. The Controller of the City and County of San Francisco shall, in the Controller's sole discretion, determine whether a payment is prohibited under this Section.

The Controller's decision regarding whether a payment is prohibited under this Section is final. (Added by Proposition E, 11/4/2003)
SEC. 3.234. POST-EMPLOYMENT AND POST SERVICE RESTRICTIONS. (a) All Officers and Employees.
(1) Permanent Restriction on Representation In Particular Matters. (A) Prohibition. No former officer or employee of the City and County, after the termination of his or her service or employment with the City, shall, with the intent to influence, act as agent or attorney, or otherwise represent, any other person (except the City and County) before any court, or before any state, federal, or local agency, or any officer or employee thereof, by making any formal or informal appearance or by making any oral, written, or other communication in connection with a particular matter:
(i) in which the City and County is a party or has a direct and substantial interest; (ii) in which the former officer or employee participated personally and substantially as a City officer or employee; and (iii) which involved a specific party or parties at the time of such participation. (B) Restriction on assisting others. No former officer or employee of the City and County, after the termination of his or her service or employment with the City, shall aid, advise, counsel, consult or assist another person (except the City and County) in any proceeding in which the officer or employee would be precluded under Subsection (A) from personally appearing. (C) Exception for testimony. The prohibitions in Subsections A and B do not prohibit a former officer or employee of the City and County from testifying as a witness, based on the former officer's or employee's personal knowledge, provided that no compensation is received other than the fees regularly provided for by law or regulation of witnesses. (2) One-Year Restriction on Communicating with Former Department. No current or former officer or employee of the City and County, for one year after termination of his or her service or employment with any department, board, commission, office or other unit of the City, shall, with the intent to influence a government decision, communicate orally, in writing, or in any other manner on behalf of any other person (except the City and County) with any officer or employee of the department, board, commission, office or other unit of government, for which the officer or employee served. (3) Employment With Parties That Contract With The City. No current or former officer or employee of the City shall be employed by or otherwise receive compensation from a person or entity that entered into a contract with the City within the preceding 12 months where the officer or employee personally and substantially participated in the award of the contract. (b) Mayor, Members of the Board of Supervisors, and their Senior Staff Members. (1) One year restriction on communicating with City departments. For purposes of the one-year restriction under subsection (a) (2), the "department" for which a former Mayor, a former member of the Board of Supervisors, or a former senior staff member to either the Mayor or a member of the Board of Supervisors served shall be the City and County and the prohibition in subsection (a)(2) shall extend to communications with:
(A) a board, department, commission or agency of the City and County; (B) an officer or employee of the City and County;
(C) an appointee of a board, department, commission, agency, officer, or employee of the City and County; or (D) a representative of the City and County.

For the purposes of this subsection, "a former senior staff member to either the Mayor or a member of the Board of Supervisors"

ATTACHMENT B
98 means an individual employed in any of the following positions at the time the individual terminated his or her employment with the City: the Mayor's Chief of Staff, the Mayor's Deputy Chief of Staff, a Legislative Aide to a member of the Board of Supervisors or a position that the Ethics Commission determines by regulation is an equivalent position based on an analysis of the functions and duties of the position.
(2) City service.
(A) Except as provided in Subsection (B), no former Mayor or member of the Board of Supervisors shall be eligible for a period of one year after the last day of service as Mayor or member of the Board of Supervisors, for appointment to any full time, compensated employment with the City and County. This restriction shall not apply to a former Mayor or Supervisor elected to an office of the City and County, appointed to fill a vacancy in an elective office of the City and County, or appointed to a board or commission in the executive branch.
(B) Notwithstanding the one-year restriction in Subsection (A), a former Mayor who was appointed to that office under Charter Section 13.101.5 to fill a vacancy shall be eligible for appointment to any City employment, provided that (i) the former Mayor did not file a declaration of candidacy for election to the office of Mayor after being appointed to that office, (ii) the former Mayor was employed by the City immediately prior to assuming the office of Mayor, and (iii) the salary in the first year of the new employment shall not exceed the salary received by the former Mayor in the City employment that he or she held immediately prior to assuming office as Mayor.
(c) Waiver.
(1) At the request of a current or former City employee or officer, the Ethics Commission may waive any of the restrictions in Subsections (a)(1) and (a)(2) if the Commission determines that granting a waiver would not create the potential for undue influence or unfair advantage.
(2) At the request of a current or former City employee or officer, the Ethics Commission may waive any of the restrictions in Subsections (a)(1) and (a)(2) for members of City boards and commissions who, by law, must be appointed to represent any profession, trade, business union or association.
(3) At the request of a current or former City officer or employee, the Ethics Commission may waive the prohibition in Subsection (a)(3) if the Commission determines that imposing the restriction would cause extreme hardship for the City officer or employee. (4) The Ethics Commission may adopt regulations implementing these waiver provisions. (Added by Proposition E, 11/4/2003; amended by Ord. 218-07, File No. 070505, App. 9/21/2007; Ord. 208-09, File No. 090219, App. 9/25/2009; Ord. 86-11, File No. 110023, App. 5/31/2011, Eff. 6/30/11)
SEC. 3.236. AIDING AND ABETTING.

No person shall knowingly and intentionally provide assistance to or otherwise aid or abet any other person in violating any of the provisions of this Chapter.
(Added by Proposition E, 11/4/2003)
SEC. 3.238. FILING OF FALSE CHARGES.

No person shall knowingly and intentionally file with the Ethics Commission, the District Attorney or the City Attorney any false charge alleging a violation of this Chapter.
(Added by Proposition E, 11/4/2003)
SEC. 3.240. PROVISION OF FALSE OR MISLEADING INFORMATION; WITHHOLDING OF INFORMATION; AND DUTY TO COOPERATE AND ASSIST.
(a) Prohibition. No person shall knowingly and intentionally furnish false or fraudulent evidence, documents, or information to the Ethics Commission, District Attorney or City Attorney, or knowingly and intentionally misrepresent any material fact, or conceal any evidence, documents, or information relevant to an investigation by the Ethics Commission, District Attorney or City Attorney of an alleged violation of this Chapter.
(b) Duty to Cooperate and Assist. The Ethics Commission, District Attorney or City Attorney may request and shall receive from every City officer and employee cooperation and assistance with an investigation into an alleged violation of this Chapter. (Added by Proposition E, 11/4/2003)
SEC. 3.242. PENALTIES AND ENFORCEMENT.
(a) Criminal Penalties. Any person who knowingly or willfully violates any of the City's conflict of interest and governmental ethics laws shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than $10,000 for each violation or by imprisonment in the County jail for a period of not more than one year in jail or by both such fine and imprisonment.

ATTACHMENT B
99 (b) Civil Penalties. Any person who intentionally or negligently violates any City conflict of interest or governmental ethics law shall be liable in a civil action brought by the City Attorney for an amount up to $5,000 for each violation. (c) Injunctive Relief. The City Attorney or any resident may bring a civil action on behalf of the people of San Francisco to enjoin violations of or compel compliance with a conflict of interest or governmental ethics law. No resident may commence a civil action under this Section without first notifying the City Attorney in writing of the intent to file a civil action under this Section. If the City Attorney fails to notify the resident within 120 days of receipt of the notice that the City Attorney has filed or will file a civil action, the complainant may file the action. No resident may file an action under this Section if the City Attorney responds within 120 days that the City Attorney intends to file an action or has already filed a civil action. No resident may bring an action under this Section if the Ethics Commission has issued a finding of probable cause arising out of the same facts, the District Attorney has commenced a criminal action arising out of the same facts, or another resident has filed a civil action under this Section arising out of the same facts. A court may award reasonable attorney's fees and costs to any resident who obtains injunctive relief under this Section. (d) Administrative Penalties. Any person who violates any of the City's conflict of interest or governmental ethics laws shall be liable in an administrative proceeding before the Ethics Commission held pursuant to the Charter. In addition to the administrative penalties set forth in the Charter, the Ethics Commission may issue warning letters to City officers and employees. (e) Statute of Limitations. No person may bring a criminal, civil or administrative action under this Section against any other person more than four years after the date of the alleged violation. (Added by Proposition E, 11/4/2003)
SEC. 3.244. SEVERABILITY.

If any provision of this Chapter, or the application thereof to any person or circumstance, is held invalid, the validity of the remainder of the Chapter and the applicability of such provisions to other persons and circumstances shall not be affected thereby. (Added by Proposition E, 11/4/2003)

ATTACHMENT B
100

COUNCIL CREED AND

CODE OF ETHICS
ITEM 3.2
7/17/2024

ATTACHMENT B
101

CREED FOR COUNCILMEMBERS

ATTACHMENT B
Common good of
the people versus
private interest
Due diligence Confidentiality
(Brown Act)
Breaches of
public trust and
censure
Incompatibility
with public duties Attendance

ATTACHMENT B
102

CAMPAIGN CONSULTANTS
SAN FRANCISCO CITY/COUNTY CODE ARTICLE I, CHAPTER 5

ATTACHMENT C
 Local Office/Local Measure
 Must register annually to lawfully consult or accept compensation for services  Registration includes a tiered fee and the following information  Name, Business Address, and Phone Number
 If an individual, name of employer
 Names of individuals employed by the consultant
 Names and contact information for clients for the preceding three months  Economic considerations promised or received from the clients in exchange for services which total in excess of $500
 Political contributions of $100 or more, cumulative total of $500 or more  Gifts of an aggregate total of $50 or more
 Client Authorization
 Quarterly reporting

ATTACHMENT B
103

CONFLICT OF INTEREST

SAN FRANCISCO CITY/COUNTY CODE
ARTICLE III, CHAPTER 2

ATTACHMENT D
Prohibition on
representing private
parties SEC. 3.224
Disclosure or use of
confidential city
information SEC. 3.228
Prohibition on Political
Activity for City Elective
Officers SEC. 3.231

ATTACHMENT B
104

DISCUSSION AND

DIRECTION

ATTACHMENT B
105

ATTACHMENT B
106
City of Stockton
Legislation Text
File #: 24-0441, Version: 1
APPROVE AMENDMENT TO CITY COUNCIL POLICY MANUAL CHAPTER 2.06 - COUNCIL

COMMUNICATIONS GUIDELINES

RECOMMENDATION
It is recommended that City Council approve by resolution an amendment to the City Council Policy Manual Chapter 2.06 - Council Communication by adding a policy defining the use of City Council letterhead.

Summary
The City Council Policy Manual does not contain a policy for the use of City or Council Letterhead.

The Legislation / Environmental Committee members have requested that staff present the attached policy for review and approval by the full Council.

DISCUSSION
Background
The Legislation / Environmental Committee members have been reviewing and making recommendations to update the City Council Policy Manual. During the review of Chapter 2.06 - Council Communication Guidelines, it was discovered that the current policy does not address the use of City or Council letterhead (Attachment A - Council Policy Manual Chapter 2.06, current online version). The members of the Council Legislation / Environmental Committee directed staff to develop a policy.

Present Situation
Staff researched available city policies from several cities that had posted their policy on the Institute for Local Government website. Based on the information presented at the April 17, 2024, Legislation / Environmental Committee meeting, Committee members have requested that staff present the amended policy for review and approval by the full Council (Attachment B - Proposed Council Policy Chapter 2.06). The current guidelines located at Council Policy Manual Title 2, Chapter 2.06 - Council Communication Guidelines will be consolidated under Section 2.06.010. The new proposed policy concerning letterheads would be codified under Section 2.06.020. The remaining sections of Chapter 2.06 at 2.06.030 through 2.06.070, having been consolidated into

2.06.010, would be stricken.

Approval of this policy would also address recommendation R2.4 of the 2024 San Joaquin County Civil Grand Jury Report, “City of Stockton: Crisis in Government, Case # 0123” issued on June 10, 2024.

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Approved by Resolution 2024-06-18-1204

ATTACHMENT B
107
File #: 24-0441, Version: 1

FINANCIAL SUMMARY
There is no financial impact to amending the policy.

Attachment A - Current Council Policy Chapter 2.06, online version Attachment B - Proposed Council Policy Chapter 2.06
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ATTACHMENT B
108
The following Code does not display images or complicated formatting. Codes should be viewed online. This tool is only meant for editing.

Chapter 2.06

CITY COUNCIL COMMUNICATION GUIDELINES
§ 2.06.010 Policy.
1) The City has a responsibility to clearly report to the public it serves the actions and conduct of city government in all of its complexity. This policy intends to ensure that relevant information is communicated to the public and that it is timely, accurate, and distributed properly.
2) The City will use media coverage to generate interest, encourage involvement, increase understanding, and provide a vital link between all citizens and their governments. 3) The City will dedicate sufficient staff to initiate and maintain contacts with media representatives, develop and distribute information, plan and implement information campaigns, monitor media reports, and look for opportunities to highlight the positives of our community.
4) City leaders will be available for interviews, respond promptly to requests for information in order to facilitate effective communication with citizens and to ensure that news reports are timely and accurate.
5) The Mayor, Councilmembers, City Manager, and department heads shall make major announcements and respond to questions when the issues or policies are controversial or sensitive.
6) Community Relations and Public Information staff will help the media gain access to elected officials, employees, and public records.
7) The City Manager shall develop and maintain an administrative directive to guide City of Stockton communications.
§ 2.06.020 Responsibilities.

Mayor, Councilmembers, City Manager, and Department Heads:

Make major announcements.

Respond to questions regarding controversial or sensitive issues or policies. § 2.06.030 Relevant authority.

None applicable.
§ 2.06.040 Related administrative directive, city policy, city procedure.

Administrative Directive – Communications <IV.A> (MAN-23).

ATTACHMENT B

ATTACHMENT A
109
Administrative Directive – Public Information <IV.C> (TBD).

Citywide Policy – Media Contact Reporting <IV.C.a> (MAN-04). § 2.06.050 Related forms, documents, or links.

None applicable.
§ 2.06.060 Frequently asked questions.

None applicable.
§ 2.06.070 Update history.
9/29/98 - Adopted by Resolution No. 98-0409
1/26/16 - Amended by Resolution No. 2016-01-26-1203

ATTACHMENT B

ATTACHMENT A
110
CHAPTER 2.06: CITY COUNCIL COMMUNICATION GUIDELINES
POLICY 2.06.010: GENERAL COMMUNICATION GUIDELINES
Policy
1) The City has a responsibility to clearly report to the public it serves the actions and conduct of city government in all of its complexity. This policy intends to ensure that relevant information is communicated to the public and that it is timely, accurate, and distributed properly.
2) The City will use media coverage to generate interest, encourage involvement, increase understanding, and provide a vital link between all citizens and their governments. 3) The City will dedicate sufficient staff to initiate and maintain contacts with media representatives, develop and distribute information, plan and implement information campaigns, monitor media reports, and look for opportunities to highlight the positives of our community.
4) City leaders will be available for interviews, respond promptly to requests for information in order to facilitate effective communication with citizens and to ensure that news reports are timely and accurate.
5) The Mayor, Councilmembers, City Manager, and department heads shall make major announcements and respond to questions when the issues or policies are controversial or sensitive.
6) Community Relations and Public Information staff will help the media gain access to elected officials, employees, and public records.
7) The City Manager shall develop and maintain an administrative directive to guide City of Stockton communications.

Responsibilities
Mayor, Councilmembers, City Manager, and Department Heads:
 Make major announcements.
 Respond to questions regarding controversial or sensitive issues or policies.

Relevant Authority
Stockton City Charter, Article III, Powers of the City
Stockton City Charter, Article XI-A, Public Information Office Gov. Code, § 54950, the Ralph M Brown Act

ATTACHMENT B

ATTACHMENT B
111
Related Administrative Directive, City Policy, City Procedure Citywide Policies and Procedures, Chapter 13 – Communication Related Forms, Documents, or Links
None applicable.

Frequently Asked Questions or Comments
The examples provided in Responsibilities, Relevant Authority, and Related Administrative Directive sections of the Council Policies are intended to be illustrative and not exhaustive.

Update History
9/29/98 - Adopted by Resolution No. 98-0409
1/26/16 - Amended by Resolution No. 2016-01-26-1203

ATTACHMENT B

ATTACHMENT B
112
CHAPTER 2.06: CITY COUNCIL COMMUNICATION GUIDELINES
POLICY 2.06.020: USE OF CITY AND COUNCIL LETTERHEAD
Policy
“City letterhead” and/or “City Resources” (i.e., staff support, postage, etc.), may only be used to communicate the official policy, position, or actions of the City or City Council, not individual Councilmember positions or opinions. City letterhead means letterhead which include the official city logo, the location and contact information for City Hall, contains the heading “Office of the City Council” and a listing of the current councilmembers (Exhibit 1). Not withstanding the above, the City Council is allowed to communicate using city letterhead for official city business with a copy to the City Council. No Councilmember may use the City letterhead for the purpose of press release, news release, or communications with the media.

City letterhead shall not be altered by a Councilmember. City letterhead shall include the following, and shall be maintained by the City Manager:

1. City Logo

2. “Office of the City Council”

3. The address/location of the governing body – City Hall

4. Names of the elected members of the Stockton City Council Councilmembers may use “Council letterhead” (Exhibit 2) for any purpose including but not limited to responding to inquires or communicating their personal opinions, support for, or responses to constituents , other non-constituent individuals, or organizations. Council letterhead contains the heading “Office of Councilmember [ xxx ], District [ # ]” or any letterhead created for a councilmember which identifies the councilmember as a city representative but may not include use of the official city logo. When a councilmember utilizes Council letterhead as described in this policy, the councilmember shall include the following disclaimer:
“This communication does not reflect the policies or opinion of the City of Stockton or the Stockton City Council.”
Council letterhead shall not be altered by a Councilmember. Council letterhead shall include the following, and shall be maintained by the City Manager:

1. “Office of Councilmember [ xxx ], District [ # ]”

2. The address/location of the governing body – City Hall

ATTACHMENT B

ATTACHMENT B
113
Responsibilities
Mayor, Councilmembers, City Manager, City Attorney, and City Clerk:
 Monitor and enforce the intention of the policy as outlined.

Enforcement
Stockton City Council Policy Chapter 4.08 Council Censure Relevant Authority
Stockton City Charter, Article III, Powers of the City
Stockton City Charter, Article XI-A, Public Information Office Gov. Code, § 54950, the Ralph M Brown Act
Related Administrative Directive, City Policy, City Procedure Citywide Policies and Procedures, Chapter 13 – Communication Related Forms, Documents, or Links
Exhibit 1 – SAMPLE City Letterhead
Exhibit 2 – SAMPLE Council Letterhead
Frequently Asked Questions or Comments
The examples provided in Responsibilities, Relevant Authority, and Related Administrative Directive sections of the Council Policies are intended to be illustrative and not exhaustive.

Update History
Draft Prepared April 2024, pending Council approval in June 2024

ATTACHMENT B

ATTACHMENT B
114

ATTACHMENT B
115
CHAPTER 2.06: CITY COUNCIL COMMUNICATION GUIDELINES
POLICY 2.06.010: GENERAL COMMUNICATION GUIDELINES
Policy
1) The City has a responsibility to clearly report to the public it serves the actions and conduct of city government in all of its complexity. This policy intends to ensure that relevant information is communicated to the public and that it is timely, accurate, and distributed properly.
2) The City will use media coverage to generate interest, encourage involvement, increase understanding, and provide a vital link between all citizens and their governments. 3) The City will dedicate sufficient staff to initiate and maintain contacts with media representatives, develop and distribute information, plan and implement information campaigns, monitor media reports, and look for opportunities to highlight the positives of our community.
4) City leaders will be available for interviews, respond promptly to requests for information in order to facilitate effective communication with citizens and to ensure that news reports are timely and accurate.
5) The Mayor, Councilmembers, City Manager, and department heads shall make major announcements and respond to questions when the issues or policies are controversial or sensitive.
6) Community Relations and Public Information staff will help the media gain access to elected officials, employees, and public records.
7) The City Manager shall develop and maintain an administrative directive to guide City of Stockton communications.

Responsibilities
Mayor, Councilmembers, City Manager, and Department Heads:
· Make major announcements.
· Respond to questions regarding controversial or sensitive issues or policies.

Relevant Authority
Stockton City Charter, Article III, Powers of the City
Stockton City Charter, Article XI-A, Public Information Office Gov. Code, § 54950, the Ralph M Brown Act

ATTACHMENT B
116
Related Administrative Directive, City Policy, City Procedure Citywide Policies and Procedures, Chapter 13 – Communication Related Forms, Documents, or Links
None applicable.

Frequently Asked Questions or Comments
The examples provided in Responsibilities, Relevant Authority, and Related Administrative Directive sections of the Council Policies are intended to be illustrative and not exhaustive.

Update History
9/29/98 - Adopted by Resolution No. 98-0409
1/26/16 - Amended by Resolution No. 2016-01-26-1203

ATTACHMENT B
117
CHAPTER 2.06: CITY COUNCIL COMMUNICATION GUIDELINES
POLICY 2.06.020: USE OF CITY AND COUNCIL LETTERHEAD
Policy
“City letterhead” and/or “City Resources” (i.e., staff support, postage, etc.), may only be used to communicate the official policy, position, or actions of the City or City Council, not individual Councilmember positions or opinions. City letterhead means letterhead which include the official city logo, the location and contact information for City Hall, contains the heading “Office of the City Council” and a listing of the current councilmembers (Exhibit 1). Not withstanding the above, the City Council is allowed to communicate using city letterhead for official city business with a copy to the City Council. No Councilmember may use the City letterhead for the purpose of press release, news release, or communications with the media.

City letterhead shall not be altered by a Councilmember. City letterhead shall include the following, and shall be maintained by the City Manager:

1. City Logo

2. “Office of the City Council”

3. The address/location of the governing body – City Hall

4. Names of the elected members of the Stockton City Council Councilmembers may use “Council letterhead” (Exhibit 2) for any purpose including but not limited to responding to inquires or communicating their personal opinions, support for, or responses to constituents , other non-constituent individuals, or organizations. Council letterhead contains the heading “Office of Councilmember [ xxx ], District [ # ]” or any letterhead created for a councilmember which identifies the councilmember as a city representative but may not include use of the official city logo. When a councilmember utilizes Council letterhead as described in this policy, the councilmember shall include the following disclaimer:
“This communication does not reflect the policies or opinion of the City of Stockton or the Stockton City Council.”
Council letterhead shall not be altered by a Councilmember. Council letterhead shall include the following, and shall be maintained by the City Manager:

1. “Office of Councilmember [ xxx ], District [ # ]”

2. The address/location of the governing body – City Hall

ATTACHMENT B
118
Responsibilities
Mayor, Councilmembers, City Manager, City Attorney, and City Clerk:
· Monitor and enforce the intention of the policy as outlined.

Enforcement
Stockton City Council Policy Chapter 4.08 Council Censure Relevant Authority
Stockton City Charter, Article III, Powers of the City
Stockton City Charter, Article XI-A, Public Information Office Gov. Code, § 54950, the Ralph M Brown Act
Related Administrative Directive, City Policy, City Procedure Citywide Policies and Procedures, Chapter 13 – Communication Related Forms, Documents, or Links
Exhibit 1 – SAMPLE City Letterhead
Exhibit 2 – SAMPLE Council Letterhead
Frequently Asked Questions or Comments
The examples provided in Responsibilities, Relevant Authority, and Related Administrative Directive sections of the Council Policies are intended to be illustrative and not exhaustive.

Update History
Draft Prepared April 2024, pending Council approval in June 2024

ATTACHMENT B
119

KEVIN LINCOLN II
Mayor

KIMBERLY WARMSLEY
Vice Mayor
District 6

MICHELE PADILLA
District 1

DAN WRIGHT
District 2

MICHAEL BLOWER
District 3

SUSAN LENZ
District 4
BRANDO VILLAPUDUA OFFICE OF THE CITY COUNCIL District 5 CITY HALL  425 N. El Dorado Street  Stockton, CA 95202-1997 209 / 937-8244  Fax 209 / 937-7149
EXHIBIT 1
Council Policy 2.06.020

ATTACHMENT B
120
“This communication does not reflect the policies or opinion of the City of Stockton or the Stockton City Council.”
OFFICE OF COUNCILMEMBER [ xxx ]
DISTRICT [ # ]

CITY OF STOCKTON
CITY HALL Ÿ 425 N. El Dorado Street Ÿ Stockton, CA 95202-1997 209 / 937-8244 Ÿ Fax 209 / 937-7149
EXHIBIT 2
Council Policy 2.06.020

ATTACHMENT B
121
City of Stockton
Legislation Text
File #: 24-0985, Version: 1
APPROVE THE SECOND FOLLOW-UP RESPONSE TO THE 2023-24 SAN JOAQUIN CIVIL GRAND JURY SECOND LOOK AT CASE NO. 0318 COLD CASES IN SAN JOAQUIN COUNTY:

ON THE BACK BURNER

RECOMMENDATION
It is recommended that the City Council approve by motion the City’s second, follow-up response to the 2023-24 San Joaquin Civil Grand Jury’s Second Look at the 2018-19 Report, Case No. 0318, Cold Cases in San Joaquin County: On the Back Burner.

It is also recommended that the City Council authorize the City Manager to submit all approved responses to the San Joaquin Grand Jury on behalf of the City and Council.

Summary
Each year it is the duty of the San Joaquin Civil Grand Jury to examine and investigate the activities of local government and agencies within San Joaquin County. The 2023-2024 Civil Grand Jury conducted two new investigations, four second look reviews of prior follow-up reports, and issued four additional follow-up reports. Of these ten items, the City of Stockton is required to respond to four.

Today’s item is presenting for approval the City’s second, follow-up response to the 2023-24 Grand Jury’s Second Look at Case No. 0318 “Cold Cases in San Joaquin County: On the Back Burner” (Attachment A).

DISCUSSION
Background
California Penal Code 933 requires that “a grand jury shall provide to the affected agency a copy of the portion of the grand jury report relating to that person or entity […]” and “no later than 90 days after the grand jury submits a final report on the operations of any public agency subject to its reviewing authority, the governing body of the public agency shall comment to the presiding judge of the superior court on the findings and recommendations pertaining to matters under control of the governing body […].”
Of the work completed by the 2023-24 Grand Jury, the City of Stockton is required to respond to the following four of ten investigations:
· New Investigation: City of Stockton: Crisis in Government, Case No. 0123 · Second Look: Cold Cases in San Joaquin County: On the Back Burner, 2018-19 Report, Case No. 0318
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ATTACHMENT C
122
File #: 24-0985, Version: 1
· Second Look: Illegal Dumping: Talking Trash, 2019-20 Report, Case No. 0519 · Follow-Up Report: School Safety in San Joaquin County: Developing a Culture of Safety, 2022 -23 Report, Case No. 0322
On August 20, 2024, by motion 2024-08-20-1210, the City Council approved the City’s initial 90-day response to the full 2023-24 report, preliminarily addressing all four investigations with information available at that time and confirmed timelines for the City to provide additional information, as necessary, and as required by the Grand Jury. The portion of the City’s 90-day response specific to Cold Cases has been included in this item as Attachment B.

The City will provide the Grand Jury with a second, follow-up response to Case No. 0123, Crisis in Government in April 2025.

In September 2024, the City submitted to the Grand Jury its second, follow-up response to Case No. 0519, Illegal Dumping following Council approval of the City’s amendment Stockton Municipal Code Title 8.104, adding the Illegal Dumping Ordinance and Resolution 2024-09-10-1601.

A follow-up response to Case No. 0322, School Safety in San Joaquin County is not required at this time.

The City is now presenting its second, follow-up response to Case No. 0318, Cold Cases in San Joaquin County for Council review and approval.

Present Situation
The 2023-24 report states that “the 2018-2019 San Joaquin County Civil Grand Jury investigated the status of cold case investigations and concluded that the County lacked leadership, staff, desire, and funding: what were called cold case units were basically nonexistent units.” The 2018-19 Civil Grand Jury identified 8 areas of concern for cold case investigations.

The 2023-24 Civil Grand Jury determined that a second look at the status of cold cases was warranted. The Law and Justice Committee wanted to determine the status of cold case investigations in San Joaquin County today and assess/determine the impact of the 2018-2019 Civil Grand Jury report. As part of their second look, the 2023-24 Grand Jury reviewed previously issued reports and agency responses, presentations from each agency named, interviews with some of the agencies, and site visits.

At the conclusion of their process, the 2023-24 Grand Jury issued one new finding and two recommendations, the first of which instructed all Agencies to review and implement the recommendations from the 2018-19 report. The City has prepared a draft response to the 2018-19 Recommendations R1, R2, R5, R8, and R10 (Attachment C).

If approved, the City Manager will submit the City’s response to the San Joaquin Civil Grand Jury on behalf of the City and Council.

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ATTACHMENT C
123
File #: 24-0985, Version: 1

FINANCIAL SUMMARY
Approving the City’s second, follow-up response to the 2023-24 Grand Jury’s Second Look at Case No. 0318, Cold Cases in San Joaquin County: On the Back Burner, will not impact the City’s General or Special Funds in any way.

Attachment A - 2023-24 Second Look at Cold Cases Report Attachment B - Previously Submitted Response to Cold Cases Item Attachment C - Second Follow-up City Response to Cold Cases in SJ County, Case No. 0318 City of Stockton Page 3 of 3 Printed on 9/26/2024
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ATTACHMENT C
124
City of Stockton
Legislation Text
File #: 25-0529, Version: 1

MAYORAL APPOINTMENTS TO COUNCIL COMMITTEES AND COMMITTEE

STRUCTURE/FUNCTION ROSTER AMENDMENT

RECOMMENDATION
It is recommended that the City Council approve a resolution amending the Mayoral Appointments to Council Committees and Committee Structure/Function roster effective immediately.

Summary
Charter Article XI, Section 1102 states that the Mayor has the power and duty to appoint members to advisory boards and commissions. The Charter requires that such appointments be made with the advice and consent of the City Council.

The Mayor is appointed to the San Joaquin Partnership Board of Directors. This amendment to the roster is reflected in Exhibit 1 of the Resolution.

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Resolution No.

STOCKTON CITY COUNCIL
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RESOLUTION APPROVING MAYORAL APPOINTMENTS TO COUNCIL

COMMITTEES AND COMMITTEE STRUCTURE/FUNCTION ROSTER

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

1. The Mayoral Appointments to Council Committees and Committee Structure/Function Roster are hereby approved as set forth on Exhibit 1 attached hereto and incorporated by this reference.

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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Council Appointments
Committee Position Appointee
Ad Hoc Committee on Homelessness Chair Michele Padilla
Vice-Chair Brando Villapudua
Member Mariela Ponce
Alternate Michael Blower
Audit Chair Jason Lee
Vice-Chair Michele Padilla
Member Michael Blower
Alternate Mario Enríquez
Budget Chair Christina Fugazi
Vice-Chair Jason Lee
Member Mariela Ponce
Alternate Michael Blower
Community Improvement and Crime Prevention Chair Michael Blower Vice-Chair Brando Villapudua
Member Mariela Ponce
Alternate Mario Enríquez
Charter Review Ad Hoc Chair Michele Padilla
Vice-Chair Mariela Ponce
Member Jason Lee
Alternate Mario Enríquez
Legislation/Environmental Chair Mario Enríquez
Vice-Chair Michele Padilla
Member Jason Lee
Alternate Michael Blower
Water Chair Brando Villapudua
Vice-Chair Michael Blower
Member Mario Enríquez
Alternate Mariela Ponce
EXHIBIT 1
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California State University Stockton Center Site Authority Member Christina Fugazi Member Mario Enríquez
Member Michael Blower
Alternate Member Brando Villapudua
City-County Coordinating Committee Member Christina Fugazi Member Michele Padilla
City-County Port Liaison Member Jason Lee
City-County Transit District Liaison Member Michael Blower Member Brando Villapudua
City of Stockton and Lincoln Unified School District 2x2 Joint Committee Member Mario Enríquez Member Michael Blower
City of Stockton and Lodi Unified School District 2x2 Joint Committee Member Michele Padilla Member Mariela Ponce
City of Stockton and Manteca Unified School District 2x2 Joint Committee Member Jason Lee Member Christina Fugazi
City of Stockton and Port of Stockton 3x3 Joint Committee Member Christina Fugazi Member Jason Lee
Member Mario Enríquez
City of Stockton and Stockton Unified School District 3x3 Joint Committee Member Christina Fugazi Member Jason Lee
Member Michele Padilla
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City Selection Committee Member Christina Fugazi
Alternate Michele Padilla
AVA Community Energy Authority Member Christina Fugazi
League of CA Cities Central Valley Division Executive Committee Member Michael Blower Alternate Member Mario Enríquez
League of CA Cities Legislative Liaison Member Mario Enríquez - Senator McNerney Member Jason Lee - Assembly Member Ransom
Eastern San Joaquin Groundwater Authority (GWA) Member Michael Blower Alternate Member Brando Villapudua
2nd Alternate MUD Director or Designee
San Joaquin Area Flood Control Agency (SJAFCA) Chair Brando Villapudua Member Michael Blower
Alternate Member Mariela Ponce
San Joaquin Council of Governments Board (SJCOG) Member Christina Fugazi Member Mario Enríquez
Member Mariela Ponce
Alternate Member Michele Padilla
San Joaquin County Advisory Water Commission Member Michael Blower Alternate Member Brando Villapudua
San Joaquin Area Flood Control and Water Conservation District Member Brando Villapudua Member Michael Blower
Member MUD Director or Designee
San Joaquin Partnership Board of Directors Member Christina Fugazi Stockton Convention and Visitors Bureau (SCVB) Ex Officio Member Michael Blower Stockton Parks & Recreation Commission Member Michelle Padilla EXHIBIT 1
Alternate Member Michael Blower
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Tri-Valley - San Joaquin Valley Regional Rail Authority Member Christina Fugazi Local Area Formation Commission (LAFCO) Member Christina Fugazi EXHIBIT 1
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City of Stockton
Legislation Text
File #: 25-0530, Version: 1

APPROVAL OF CITY COUNCIL MINUTES

RECOMMENDATION
Approve the minutes from the City Council meeting of April 15, 2025 Attachment A - 2025-04-15
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City of Stockton
Legislation Text
File #: 25-0539, Version: 1
ADOPT A RESOLUTION TO ACCEPT $1.8M CALIFORNIANSFORALL YOUTH JOBS CORPS ROUND 3 GRANT

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

1. Authorize the City Manager to execute a grant agreement amendment with California Volunteers to increase the amount of the contract from $1,773,664 to $3,618,275 (an increase of $1,844,611) and extend the timeline from December 31, 2025, to December 31, 2026; and

2. Authorize the City Manager to appropriate grant funds for the CaliforniansForAll Youth Jobs Corps in the amount of $3,618,275.

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

Summary
California Volunteers has awarded a new round of CaliforniansForAll Youth Jobs Corps funding to support youth employment opportunities in the City of Stockton. The City will continue to build on the success of its Youth Employment Summer Success (YESS) program and expand partnerships to offer a range of workforce development pathways for underserved youth. To expedite the use of funds, the State is seeking to award this funding by amending the City’s current grant agreement to incorporate the additional funding; however, the amendment stipulates the funding may not be used until calendar year 2026.

DISCUSSION
Background
The CaliforniansForAll Youth Jobs Corps initiative is a statewide program launched by the Office of the Governor and administered through California Volunteers. Since receiving a $4.3 million Round 1 grant in 2021, and a $1.7 million Round 2 grant in 2024, the City of Stockton has established a proven track record in delivering innovative and impactful youth employment programming. The City’s Stockton YESS program has provided over 500 paid youth positions to date, along with professional development, mentoring, and training services.

Present Situation
The City of Stockton will receive an additional $1.8M under Round 3 of the CaliforniansForAll Youth City of Stockton Page 1 of 2 Printed on 5/8/2025
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File #: 25-0539, Version: 1
Jobs Corps. This new round of funding will allow the City to host another year of the Stockton YESS program, continue support for a grant-funded Program Manager to oversee program execution, and expand partnerships through a competitive procurement process to engage external youth workforce providers.

This funding is available from January 1, 2026 to December 31, 2026. Following past practice, subcontractors will be selected based on capacity to deliver high-quality employment programming in alignment with the requirements of the CFA program. Some of the parameters of the grant include:
· All jobs created through the grant must be 50-100% FTE · Any programs created through the grant must meet one of the following goals: Increase youth employment, develop career pathways, or strengthen city/community capacity to address key areas of food insecurity, climate, education, and public service. · At least 50% of grant funds must go toward wages for participants (excluding benefits, employment taxes, or other expenses).
· Up to 40% may be spent on "wrap around services", which includes transportation stipends, job readiness training, case management, etc.
· Participants may not work in fields that require high levels of safety precautions, or activities that require specialized training (unless the training is provided through the program) · Participants may not work at for-profit organizations. · Youth must be between 16-30 years old.

Staff estimate that roughly 50% of the funds are needed for YESS 2026, which includes funding for the full-time Program Manager position, as well as .25 FTE administrative support, to oversee implementation of the grant. The other 50% of the funds will go toward the external competitive RFP process, which will be conducted in 2025 so that the selected sub-grantees are ready to go on January 1, 2026.

FINANCIAL SUMMARY
The City and its subcontractors will pay for project-related expenses in full and then submit documentation for reimbursement through this grant. There will be no impact to the General Fund, all related costs will be supported by the grant funding. No matching funds are required for this grant. An appropriation of revenue and expenditures of $3,618,275 is necessary in the City Manager’s Special Grants Fund - Reimbursement, General Administration Division. This is an increase of $1,844,611 from the original grant agreement.

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Resolution No.

STOCKTON CITY COUNCIL
RESOLUTION TO ACCEPT $1.8 MILLION FROM THE CALIFORNIANSFORALL YOUTH JOBS CORPS ROUND 3 GRANT PROGRAM
The City of Stockton (“City”) is interested in promoting workforce development programs, particularly those that endeavor to empower youth; and The State of California has made funding available for the CaliforniansForAll Youth Jobs Corps, which seeks to provide funding for local governments across the state to create programs that increase employment for underserved youth across California, develop meaningful public service career pathways, and enhance local government capacity to address challenges in key focus areas; and
The State of California seeks to amend the existing contract JP1013-GF-A1 with the City of Stockton to extend the performance period from December 31, 2025 to December 31, 2026, and additionally increase the grant award from $1,773,664 to $3,618,275, to continue the City’s youth workforce program, and support local external workforce partners; now, therefore,

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

1. Authorize the City Manager to execute a grant agreement amendment with California Volunteers to increase the amount of the contract from $1,773,664 to $3,618,275 (an increase of $1,844,611) and extend the timeline from December 31, 2025 to December 31, 2026, a copy of which is attached hereto as Exhibit 1 and incorporated by this reference; and

2. Authorize the City Manager to appropriate grant funds for the CaliforniansForAll Youth Jobs Corps in the amount of $3,618,275; and //
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3. The City Manager is hereby authorized to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution.

PASSED, APPROVED, and ADOPTED 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 #: 25-0473, Version: 1

ADOPTION OF PROPOSED AMENDMENT TO CITY COUNCIL POLICY MANUAL CHAPTER

2.06.020 - USE OF CITY AND COUNCIL LETTERHEAD

RECOMMENDATION
It is recommended that City Council adopt by resolution the proposed amendment to City Council Policy Manual Chapter 2.06.020 regarding the use of City and Council letterhead.

Summary
On March 24, 2025, the Council Legislation/Environmental Committee reviewed, provided direction, and forwarded a recommendation that Council adopt changes to Council Policy 2.06.020 regarding the use of City and Council letterhead. Those changes are now presented for the full City Council’s consideration.

DISCUSSION
Background
In 2024, the Legislation/Environmental Committee members reviewed and recommended updating the City Council Policy Manual. During the review of Chapter 2.06 - Council Communications Guidelines, it was discovered that the policy did not address City or Council letterhead use. The committee members directed staff to develop a policy.

On June 10, 2024, The San Joaquin County Grand Jury issued a report regarding Case #0123 titled “City of Stockton: Crises in Government,” which included recommendation R2.4, stating that “by March 31, 2025, the City should amend their policies and procedures regarding the use of City Stationery.” The City’s response to the Grand Jury is attached as Attachment A.

On June 18, 2024, the Stockton City Council, by resolution 2024-06-18-1204, adopted the revision to City Council Policy Chapter 2.06 - City Council Communications Guidelines by adding a policy defining the use of City Council letterhead - Policy 2.06.020 (Attachment B). The adoption of the resolution addressed the recommendations R2.4 of the 2024 San Joaquin County Civil Grand Jury Report, “City of Stockton: Crisis in Government, Case # 0123,” issued on June 10, 2024.

Present Situation
On February 3, 2025, the Legislation/Environmental Committee members recommended amending policy 2.06.020 to add the use of the “City Logo” to the Council Letterhead.

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File #: 25-0473, Version: 1
On March 24, 2025, the Committee members met and recommended forwarding the amended Council Policy 2.06.020 to the full Council for adoption (Attachment C).

FINANCIAL SUMMARY
There is no direct financial impact from the approval of these changes Attachment A - City of Stockton Response to 2023-2024 SJ Civil Grand Jury Attachment B - Resolution No. 2024-06-18-1204
Attachment C - Recommended Council Policy 2.06.020 (red-lined) City of Stockton Page 2 of 2 Printed on 5/8/2025
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CITY OF STOCKTON

OFFICE OF THE CITY MANAGER
City Hall• 425 N. El Dorado Street • Stockton, CA 95202-1951 • 209 I 937-8212 • Fax 209 / 937-7149 www.stocktonca.gov
September 4, 2024
Honorable Gus C. Barrerra II, Presiding Judge
Attn: Civil Grand Jury c/o Mr. Irving Jimenez
San Joaquin County Superior Court
180 E. Weber Ave, Suite 1306J
Stockton, CA 95202
Via Email:
[email protected]
CITY OF STOCKTON RESPONSE TO THE 2023-24 SAN JOAQUIN CIVIL GRAND JURY On August 20, 2024, the Stockton City Council approved Motion 2024-08-20-121 O to Accept the Final 2023-24 San Joaquin County Civil Grand Jury Report and Approve the City of Stockton responses to 4 reports.

A copy of the meeting minutes, staff report, and each response are attached as listed below:
• Exhibit 1 - August 20, 2024, Stockton City Council Meeting Minutes • Exhibit 2 - Legislation Text, File #24-0838 (staff report) • Exhibit 3 - City Response to Stockton: Crisis in Government, Case No. 0123 • Exhibit 4 - City Response to Cold Cases in San Joaquin County, Case No. 0318 • Exhibit 5 - City Response to Illegal Dumping, Case No. 0519 • Exhibit 6 - City Response to School Safety in San Joaquin County, Case No. 0322 The City will send both an electronic and physical copy to the Grand Jury, c/o Mr. Irving Jiminez.

Please take a look at the Council approved response provided and let us know if you have any questions or need any additional information in the meantime.

CITY MANAGER

ATTACHMENT A
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CITY OF STOCKTON

OFFICE OF THE CITY MANAGER
City Hall• 425 N. El Dorado Street • Stockton, CA 95202-1951 • 209 / 937-8212 • Fax 209 / 937-7149 www.stocktonca.gov
August 21, 2024
Honorable Gus C. Barrerra II, Presiding Judge
San Joaquin County Superior Court
180 E. Weber Ave, Suite 1306J
Stockton, CA 95202
Via Email:
[email protected]
CITY OF STOCKTON RESPONSE TO 2023-24 SAN JOAQUIN COUNTY CIVIL GRAND JURY REPORT "CITY OF STOCKTON: CRISIS IN GOVERNMENT" CASE NO. 0123
The City of Stockton received the above-named Grand Jury report on Monday, June 10, 2024. In accordance with Sections 933 and 933.05 of the California Penal Code, specific responses to all findings and recommendations contained in the report are to be submitted to the Presiding Judge of the San Joaquin County Superior Court within 90 days of receipt of the report.

The City of Stockton, and the Stockton City Council accept the 2023-24 San Joaquin County Civil Grand Jury Report titled "City of Stockton: Crisis in City Government, Case No. 0123" and acknowledge all findings contained within: F1 .1 thru F1 .6, F2.1 thru F2.6, and F3.1.

Additionally, the City and Council of the City of Stockton offer the following responses to the Grand Jury recommendations, broken out by area of investigation, as outlined in the report. These responses were presented to the Council for consideration and approval during its public meeting on August 20, 2024, and approved by motion 2024-08-20-1210.

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ATTACHMENT A
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1. Threatening Work Environment
Recommendations & Responses:

EXHIBIT 3
R1 .1 The City Council should stop enabling the SMP from interfering with effective city government through their continued association and/or support of individuals associated with the SMP.

CITY RESPONSE:

The City Council acknowledges the Grand Jury's recommendation R1 .1.

R1.2 By March 31, 2025, the City Council should adopt rules for handling unlawful threatening Communications received by City officials and employees.

Unlawful threats, not covered under the First Amendment, should be referred to the District Attorney's office.

CITY RESPONSE:

The City's Charter Officers (Manager, Attorney, Auditor, and Clerk) plan to work together, in coordination with the City Council's Audit and Legislative Commitees, to discuss and prepare appropriate and relevant draft policies for review and approval by the full Council no later than March 31, 2025. A progress update will be provided to the Grand Jury and Presiding Judge in April of 2025.

R1.3 By March 31, 2025, the City should adopt an ordinance similar to the City of San Franciso Campaign and Governmental Conduct Code Section 1500 et seq., to strengthen election transparency. That ordinance requires political consultants and candidates to file reports directly to the Cit y in all municipal
elections listing business relationships, financial investments, and who they pay for political help or receive in-kind support from, as well as indicating who they support in elections.

CITY RESPONSE:

The Interim City Clerk brought this item to the City Council's Legislative and Environmental Committee for an introductory discussion, on July 17, 2024, as item 3.2 (agenda). The Committee members discussed and provided to staff feedback, including consideration of the above-mentioned code language from City of San Francisco. This item will continue to be updated under the direction of the Council Committee before being finalized to go to the full Council for approval and adoption. Supporting documents from the July 17th Committee meeting are included as Attachment R1 .3.

R1.4 By March 31, 2025, the Cit
y should not agendize Chartered Officers
performance reviews on an ongoing basis but set them annually or for

ATTACHMENT A
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specific situations which require notice by law.

CITY RESPONSE:

EXHIBIT 3
The City Council provided direction to cease the agendization of Chartered Officers performance reviews on an ongoing basis and instead set them annually and for specific situations which require notice by law.

R1.5 By March 31, 2025, the City should amend its policies and procedures to make all Form 700 filings available to the public online.

CITY RESPONSE:

The City agrees with this recommendation. As such, the Interim City Clerk notified staff of the updates to the public's ability to access Form 700 information online, via memo on June 24, 2024 (Attachment R1 .5). Links to the Public Portal are now available on the Clerk's webpage on the City website, under the Fair Political Practices Commission (FPPC) tab.

R1.6 By March 31, 2025, the City shall enact a policy that all employees of the Mayor's office are under the same mandated employment rules and laws as the rest of the City staff.

CITY RESPONSE:

The City's Charter Officers (Manager, Attorney, Auditor, and Clerk) plan to work together, in coordination with the City Council's Audit and Legislative Commitees, to discuss and prepare appropriate and relevant draft policies for review and approval by the full Council no later than March 31, 2025. A progress update will be provided to the Grand Jury and Presiding Judge in April of 2025.

2. Brown Act
Recommendations & Responses:

R2.1 By March 31, 2025, the City should amend its Closed Session policies and procedures to minimize the risk of revealing confidential information. There should be a requirement that no phone, electronic communication or recording devices be allowed in the room when it is a Closed Session.

Additionally, each attendee should sign a pledge of secrecy on entering each meeting as an immediate and continual reminder that the rules of the Brown Act apply.

CITY RESPONSE:

The City Attorney is scheduled to introduce draft language related to use of cellphone and technology to the Council Legislative Committee meeting,

ATTACHMENT A
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EXHIBIT3
August 28, 2024, for discussion and feedback. This item will continue to be updated under the direction of the Council Committee before being finalized lo go to the full Council for approval and adoption before March 31, 2025. A progress update will be provided to the Grand Jury and Presiding Judge in April of 2025.

R2.2 By March 31, 2025, the City should develop a City Ordinance regarding Brown Act violators that includes an impartial process for determining whether the Brown Act confidentiality requirement related to Closed Session has been violated and appropriate sanctions for the violator, including but not limited to, mandatory public censure and removal from committees and commissions.

CITY RESPONSE:

The City Attorney is scheduled to introduce draft language related to censure and discipline to the Council Legislative Committee meeting, August 28, 2024, for discussion and feedback. A separate discussion will be planned related to handling Brown Act vilalions or violators. These item will continue to be updated under the direction of the Council Committee before being finalized to go to the full Council for approval and adoption before March 31, 2025. A progress update will be provided to the Grand Jury and Presiding Judge in April of 2025.

R2.3 By March 31, 2025, the City should enact a policy that all findings of Brown Act violations investigations must be released to the Civil Grand Jury within seven days of receipt by the Council.

CITY RESPONSE:

The City's Charter Officers (Manager, Attorney, Auditor, and Clerk) plan to work together, in coordination with the City Council's Audit and Legislative Commitees, to discuss and prepare appropriate and relevant draft policies for review and approval by the full Council no later than March 31, 2025. A progress update will be provided to the Grand Jury and Presiding Judge in April of 2025.

R2.4 By March 31, 2025, the City should amend their policies and procedures regarding the use of City Stationary. For example, the City of Lodi ordinance states:

Section 7.4 Use of City Letterhead or City Seal All Council Member correspondence written on City resources, i.e. letterhead, staff support, postage, etc., will reflect a majority position of the Council, not individual Council Members' positions. All Council Member correspondence using City resources shall be copied to the full Council.

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CITY RESPONSE:

In April of 2024, the Stockton City Council directed the City Manager and City Attorney to work with the Council Legislative Committee to draft a policy addressing concerns regarding the use of City letterhead. Stockton Council Policy 2.06 - Council Communications was revised to add a new section, Policy 2.06.020 - Use of City Letterhead. This Council Policy was approved by the full Stockton City Council at its June 18, 2024 meeting, as consent item

12.4, under Resolution 2024-06-18-1204. A copy of the staff report, resolution, and related attachments have been included as Attachment R2.4.

3. Grievance Process
Recommendations & Responses:

R3.1 By March 31, 2025, the City should hire an independent third party to investigate the City's Ethics Hotline process to regain employee and public trust in the system.

CITY RESPONSE:

The City Attorney, with assistance from the City Auditor and City Manager, will engage an independent third party to assess the ethics hotline process. A progress update will be provided to the Grand Jury and Presiding Judge in April of 2025

HARRY BLACK

CITY MANAGER

ATTACHMENT A
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City of Stockton
Legislation Text
File#: 24-0658, Version: 1
EXHIBIT 3
Attachment R1 .3

DISCUSSION OF COUNCILMEMBER CODE OF ETHICS AND EXISTING CREED FOR

COUNCILMEMBERS

RECOMMENDATION
It is recommended that the Legislation and Environmental Committee receive information and discuss a Councilmember Code of Ethics as well as review the existing Creed for Councilmembers and decide whether changes are necessary.

Summary
The Council Policy Manual (CPM) contains Chapter 2.03 - Code of Ethics for Elected Officials and Commissioners and several policies with sections related to ethical conduct throughout the manual.

Review of the CPM revealed an opportunity to clarify areas of ethical conduct as well as those not previously addressed.

Likewise, there is an existing Creed for Councilmembers dating back to the mid-80's which needs review and modernization.

Staff seeks direction from the Legislation and Environmental Committee on potential revisions to the CPM and Creed.

DISCUSSION
Background
Council Policy Manual
Currently, CPM Chapter 2.03 - Code of Ethics for Elected Officials and Commissioners (Attachment A) is very brief and speaks specifically to requirements under AB 1234, state required mandatory ethics training. As a reminder, AB 1234 relates to financial interests and perks for covered officials.

Other Chapters within the CPM which contain sections that address areas of ethical conduct, include Chapter 4.04 - Closed Sessions; Chapter 4.06 - Roles and Rules; Chapter 4.07 - Decorum primarily address conduct during meetings; and Chapter 4.08 - Council Censure addresses formal action procedures for Councilmember misconduct. These Chapters may return for further review as applicable during the CPM update process.

There is an opportunity to incorporate additional language into the Council Policy Manual to reflect best practices.

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ATTACHMENT A
168
EXHIBIT3
File#: 24-0658, Version: 1 Attachment R1 .3
Creed
On January 13, 1986, Councilmember McGaughey presented a Creed for Councilmembers that originated from the City of San Jose. The City Council voted to send it to the Legislation and Election Committee for consideration. On February 12, 1986, at the Legislation and Election Committee meeting, members reviewed and forwarded the Creed for Councilmembers to the City Council for adoption. The City Council adopted the Creed for Councilmembers at the meeting of March 17, 1986, via Resolution 86-0131 (Attachment B).

Present Situation
Council Policy Manual
For consideration, and consistent with the recommendation of the San Joaquin County Civil Grand Jury, staff has provided excerpts from the City and County of San Francisco's Campaign and Governmental Conduct Code ("SF Code").

Within the SF Code, is Article I, Chapter 5 Regulation of Campaign Consultants (Attachment C).

Staff asks the Committee to consider potential adoption of excerpts of this chapter to increase the integrity and transparency of the electoral process and governance within the City of Stockton.

Article 111, Chapter 2 of the SF Code addresses Conflict of Interest and Other Prohibited Activities (Attachment D) and defines prohibited activities in greater detail than currently addressed in the Stockton CPM or elsewhere in its policies or regulations. Staff recommends the Committee consider incorporating language from Chapter 2 of the SF Code to further refine the language in the Stockton CPM.

Creed
The Creed for Councilmembers has not been reviewed in 38 years. Accordingly, Staff recommends a review of the Creed for any relevant additions or deletions.

Next Steps
Staff requests direction from the Legislation and Environmental Committee on what changes, if any, to bring back for review at a subsequent meeting.

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ATTACHMENT A
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City of Stockton, CA
§ 2.03.010
CHAPTER 2.03
EXHIBIT3
Attaitm.lJM. 3

CODE OF ETIDCS FOR ELECTED OFFICIALS AND COMMISSIONERS
§ 2.03.010. Policy.
1) State law (commonly known as AB 1234) requires mandatory ethical training on all elected local officials and those Commissions eligible to receive a stipend or reimbursement.
2) Each Commissioner to which this chapter applies must receive two hours training in ethics within the first year of his/her appointment and, thereafter, must receive two hours of ethics training every two years.
3) The City will endeavor to provide this training live, and Connnissioners are strongly encouraged to attend the live training in order to have interaction with, and to ask questions o:t; the presenter. The training may, however, also be taken online. 4) Failure to meet this training requirement within the applicable timeframe is cause for removal.
§ 2.03.020. Responsibilities.

Locally elected officials: Attend required ethics training or take training online.

Commissioners eligible for a stipend: Attend required ethics training or take training online.
§ 2.03.030. Relevant authority.

Assembly Bill No. 1234, AB 1234.
§ 2.03.040. Related administrative directive, city policy, city procedure.

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

California Office of the Attorney General- Free online ethics training courses:
http://oag.ca.gov/ethics
§ 2.03.060. Frequently asked questions.

None applicable.
§ 2.03.070. Update history.
10/31/77 - Adopted Resolution No. 34,620
2/6/84 - Amended by Resolution No. 40-380
8/25/86 - Amended by Resolution No. 86-0549
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ATTACHMENT A
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City of Stockton, CA
§ 2.03.070
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
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ATTACHMENT A
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Resolution No 86-01�.\ .....

EXHIBIT3
Attachment R 1.3

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

That the CREED FOR COUNCILMEMBBRS, attached hereto as
Exhibit nA' 1 and by reference made a part hereof, is hereby a<lopted.

PASSED, APPROVED and ADOPTED this 17th day of
March ----------, 1986.

ATTEST:
�Wl'AS�r
of the
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City of Stockton
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�.ity �--✓
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of the City of Stockt ,

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CREED FOR COUNCILM�MBERS
As a City Councilmember, I believe:

EXHIBIT 3
Attachment R1 .3
That the proper operation of dernocrutic government requires that public officials be independent and impartial in their judgment and actions; that government decisjons and policy be made in the propei channels of the governncntal structure; that public office not be used for personal gain; and that the public have confidence in the integrity of its government and public officials.

Jl.nd tlrnt the realization of these ends is impaired whenever there exists, or api_)ears to exist, an actual or potential conflict between the private interests of a governmental official and his or her public duties. The public inte�est reguires high standards with respect to official conduct.
�here fore, as a City Counc ilmember of the City of Stock ton, I assert my solemn belief thQt the primary responsibility for r:'.aintaining a high level of conouct among city officials and e�ployees falls upon the Council as the governing body elected by the people.

Consequently, as a Councilmember, I believe it is my duty to:

1. Represent and work for the ccmznon good of the people of my city and not for private interest, assuring fair and equal treatment of al 1 persons, claims, and transacticns coming before me in my official capacity.

2. Learn the background and purposes of major ordinances before voting.

3. Refrain from disclosing confidential infor�ation concerning the city government, in accordance with the prov is ions of the Brown Act.

4. Help the Council maintain the highest standard of rules of ccnauct by refusing to approve breaches of public trust or i�proper attempts to influence legislation and by being willing to vote to censure any Councilme�ber who willfully violates the duly established rules of conduct for Councilmembers. Censure should be for just cause and not for political purposes .

5. Refuse to represent private interests be:ore Stockton City agencies except, as may be my duty toward constituents, such service to be re�dered without compensation, and refuse to accept or engage in any employment incompatible with my public duties.

6. Faithfully perform my duties as a Coun·cilmember by attending all sessions of the Council a:1d o� its co::-... -:.ittees of ·..,•hich I .:1m c1 member, unless unable to do so for some cott1pe 11 ing re:ason or disability. I will make every atterr-pt to be punctual and rea�y for Cou!'1cil business.

Exl-:ibi t "A"
Ccuncilrr ..:,:;r:.:)er sisnc1ture

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CHAPTERS: Attachment R1 .3

REGULATION OF CAMPAIGN CONSULTANTS
American
" .. ..--
Legal New Legislation Notice
Publisher's Note: This Chapter has been AMENDED by new legislation (Proposition D. adopted 3/5/2024. effective 4/12/2024, oper. I 0/12/2024).

The text of the section will be included below when the new legislation is operative.

Sec. 1.500.

Sec. 1.5 I 0.

Sec. 1.515.

Sec. 1.520.

Sec. 1.525.

Sec. 1.530.

Sec. 1.535.

Sec. 1.540.

Sec. 1.545.

Findings.

Prohibitions.

Registration, Reregistration, Reporting, and Fees.

Powers and Duties of the Ethics Commission.

Administrative and Civil Enforcement, and Penalties.

Code of Conduct.

Severabi Ii ty.

Electronic Filing of Statements and Reports.

Construction with Other Laws.

SEC. 1.500. FINDINGS.
(a) The City and County of San Francisco has a paramount interest in protecting the integrity and credibility of its electoral and government institutions. Election campaigns are highly competitive in San Francisco, and candidates frequently contract for the services of professional campaign consultants who specialize in guiding and managing campaigns. (b) It is the purpose and intent of the people of the City and County of San Francisco in enacting this Chapter to impose reasonable registration and disclosure requirements on campaign consultants. Required registration and disclosure of information by campaign consultants will assist the public in making infom1ed decisions, and protect public confidence in the electoral and governmental processes.
(Added by Ord. 71-00, File No. 000358, App. 4/28/2000) (Derivation: Former Administrative Code Section 16.540; added by Proposition G, 11/4/< 17)
SEC. 1.505. DEFINITIONS.

Whenever used in this Chapter, the following definitions shall apply:
(a) "Campaign consultant" means any person or entity that receives or is promised economic consideration equaling $1,000 or more in a calendar year for campaign consulting services. The term "campaign consultant" includes any person or entity that subcontracts with a campaign consultant to provide campaign consulting services, and that receives or is promised economic consideration equaling $1,000 or more in a calendar year for providing campaign consulting services. The term "campaign consultant" does not include persons who are employees of a campaign consultant, attorneys who provide only legal services, accountants who provide only accounting services, pollsters who provide only polling services, and treasurers who provide only those services which are required of treasurers by the Political Reform Act, California Government Code Section 81000, et seq. (b) "Campaign consulting services" means participating in campaign management or developing or participating in the development of campaign strategy.
(c) "Campaign management" means conducting, coordinating or supervising a campaign to elect, defeat, retain or recall a candidate, or adopt or defeat a measure, including but not limited to hiring or authorizing the hiring of campaign staff aud consultants, spending or authorizing the expenditure of campaign funds, directing, supervising or conducting the solicitation of contributions to the campaign, and selecting or recommending vendors or subvendors of goods or services for the campaign. (d) "Campaign strategy" means plans for the election, defeat, retention or recall of a candidate, or for the adoption or defeat of a measure, including but not limited to producing or authorizing the production of campaign literature and print and broadcast advertising, seeking endorsements of organizations or individuals, seeking financing, or advising on public policy positions. (e) "Candidate" means a person who has taken affirmative action to seek nomination or election to local office, a local officeholder who has taken affirmative action to seek nomination or election to any elective office, or a local officeholder who is the subject of a

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recall election.
(f) "E · ·
d · " t· . . . b c • Attachment R1 .3
conom1c cons1 eratJon means any payments, ees, comm1ss1ons, renn ursements ,or expenses, gins·, or anythmg efse of value. (g) "Lobby" means communicate with a local officeholder for the purpose of influencing local legislative or administrative action in exchange for economic consideration.
(h) "Lobbyist" is defined in Article II of this Code.*
(i) "Local office" means the following elective offices in the City and County of San Francisco: Mayor, Board of Supervisors, City Attorney, District Attorney, Treasurer, Sheriff, Assessor, Public Defender, Board of Education of the San Francisco Unified School District, and Governing Board of the San Francisco Community College District.

U) "Measure" means a local referendum or local ballot measure, whether or not it qualifies for the ballot. (k) "Vendor" means a person or entity who sells goods or services, other than campaign consulting services, including but not limited to printing, catering, and transportation services. The term "vendor" does not include attorneys who provide only legal services, accountants who provide only accounting services, pollsters who provide only polling services, and treasurers who provide only those services which are required of treasurers by the Political Refom1 Act, California Government Code Section 81000 et seq. (Added by Ord. 71-00, File No. 000358, App. 4/28/2000) (Derivation: Former Administrative Code Section 16.541; added by Proposition G, 1114/97) Editor's note
*The Regulation of lobbyists Ordinance, which was previously codified at Admi11istrative Code Section 16.520, et seq., is now codified in 4rticle ll of this Code.

SEC. 1.510. PROHIBITIONS.

It shall be unlawful for any campaign consultant to provide campaign consulting services, or accept any economic consideration for the provision of campaign consulting services, without first registering with the Ethics Commission and complying with the reporting requirements specified in Section 1.515.
(Added by Ord. 71-00. File No. 000358, App. 4/2812000) (Derivation: Former Administrative Code Section 16.542: added by Proposition G. 11/4/97) SEC. 1.515. REGISTRATION, REREGISTRATION, REPORTING, AND FEES. (a) REGISTRATION REPORTS. At the time of initial registration, each campaign consultant shall report to the Ethics Commission the following information:
(I) The name, business address and business phone number of the campaign consultant; (2) If the campaign consultant is an individual, the name of the campaign consultant's employer and a description of the business activity engaged in by the employer;
(3) The names of any individuals employed by the campaign consultant to assist in providing campaign consulting services; (4) A statement of whether the campaign consultant is requi.red to register with the Ethics Commission pursuant to the Regulation of Lobbyists Ordinance, San Francisco Campaign and Governmental Conduct Code, Article 11;* (5) A statement of whether the campaign consultant is required to register with the Tax Collector pursuant to the Business Tax Ordinance, San Francisco Municipal Code, Part Ill, Section 1001, et. seq.; (6) The name, address, and telephone number of each client to whom the campaign consultant provided campaign consulting services during the preceding three months;
(7) For each client, the total economic consideration promised by or received from the client in exchange for the provision of campaign consulting services during the preceding three months, provided that the total is $500 or more; (8) Each political contribution of$100 or more made or delivered by the campaign consultant, or made by a client at the behest of the campaign consultant, or for which the campaign consultant acted as an agent or intermediary, during the preceding three months in support of or in opposition to a candidate or measure;
(9) The cumulative total of all political contributions made or delivered by the campaign consultant, or which is made by a client at the behest of the campaign consultant, or for which the campaign consultant acted as an agent or intermediary, during the preceding three months in support of or in opposition to each individual candidate or measure, provided that the cumulative total is $500 or more; ( I 0) Any gifts promised or made by the campaign consultant to a local officeholder during the preceding three months which in the aggregate total $50 or more; and
( 11) Any other information requi.red by the Ethics Commission consistent with the purposes and provisions of this Chapter. (b) REREGISTRA TJON REPORTS. Each campaign consultant shall reregister annually no later January I st. (c) FEES. Al the time of initial registration and reregistration, each campaign consultant shall pay to the Ethics Commission a

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registration fee and an additional foe for each client of the campaign consultant. The amount of the fee shall be:
(i) Campaign consultants earning at least $1,000 but not more than $5,000 per calendar year shall pay a1l'fi.f Pll15lltn'b-t'$so and shall pay a client fee of$50 per client;
(ii) Campaign consultants earning more than $5,000 but not more than $20,000 per calendar year shall pay a registration fee of $200 and a client fee of$50 per client;
(iii) Campaign consultants earning more than $20,000 per calendar year shall pay a registration fee of $400 and a client fee of $50 per client.

When a client is acquired subsequent to initial registration or reregistration, the per client fee shall be paid at the time of :filing the information required by Subsection ( d). The Ethics Commission shalt deposit fees collected pursuant to this Section in the General Fund of the City and County of San Francisco. On or after July 1, 1999, the Ethics Commission shall evaluate the fees set by this Section and propose any amendments for approval by the Board of Supervisors no later than December 1, 1999. If the Ethics Commission or the Board of Supervisors takes no action, the fees set by this Section shall remain in effect. ( d) CLIENT AUTHORIZATION STATEMENTS. At the time of initial registration, the campaign consultant shall submit to the Ethics Commission a written authorization from each client that contracts with the campaign consultant for campaign consulting services.

Ifthc campaign consultant is retained by a client after the date of initial registration, the campaign consultant must file a Client Authorization Statement before providing any campaign consulting services to the client and before receiving any economic consideration from the client in exchange for campaign consulting services, and in any event no later than 15 days after being retained to provide campaign consulting services to the client.
(e) QUARTERLY REPORTS. Each campaign consultant shall file with the Ethics Commission quarterly reports containing the following infonnation:
(1) For each client, the total economic consideration promised by or received from the client during the reporting period for campaign consulting services, provided that the total is $500 or more; (2) The total economic consideration promised by or received from all clients during the reporting period for campaign consulting services;
(3) Political contributions of $100 or more made or delivered by the campaign consultant, or made by a client at the behest of the campaign consultant, or for which the campaign consultant acted as an agent or intermediary, during the reporting period in support of or in opposition to a candidate or measure;
(4) The cumulative total of all political contributions made or delivered by the campaign consultant, or made by a client at the behest of the campaign consultant, or for which the campaign consultant acted as an agent or intennediary, during the reporting period in support of or in opposition to each individual candidate or measure, provided that the cumulative total is $500 or more; (5) Any gifts promised or made by the campaign consultant to a local officeholder during the reporting period which in the aggregate total $50 or more;
(6) Economic consideration promised to or received by the campaign consultant during the reporting period from vendors and subvendors who provided campaign-related goods or services to a current client of the campaign consultant; (7) The name of each local officeholder and City employee who is employed by the campaign consultant, or by a client of the campaign consultant at the behest of the campaign consultant, during the reporting period; (8) Each City contract obtained by the campaign consultant during the reporting period, provided that the contract is approved by a local officeholdet·who is a client of the campaign consultant; (9) Each appointment to public office received by the campaign consultant during the reporting period, provided that the appointment is made by a local office-holder who is a client of the campaign consultant; (10) Any other information required by the Ethics Commission consistent with the purposes and provisions of this Chapter.

Quarterly reports are due as follows: The report for the period starting December 1st and ending Febrnary 28th is due March 15th; the report for the period starting March 1st and ending May 31st is due JW1e 15th; the report for the period starting June 1st and ending August 31st is due September 15th; and the report for the period starting September 1st and ending November 30th is due December 15th.
(f) CLIENT TERMINATION STATEMENTS. Within 30 days after a client terminates the services of a campaign consultant, the campaign consultant shall submit to the Ethics Commission a statement that the client has terminated the services of the campaign consultant A campaign consultant may not provide campaign consulting services to a client or accept economic consideration for the provision of campaign consulting services after a client termination statement is filed, until a new client authorization statement has been filed pursuant to Section 1.5 lS(d).
(g) CAMPAIGN CONSUL TANT TERMJNA TION STATEMENTS. A campaign consultant shall comply with all requirements of this Chapter w1til the campaign consultant ceases all activity as a campaign consultant and files a statement of termination with the Ethics Commission. A statement of termination must include all information required by Subsection ( e) for the period since the campaign consultant's last quarterly report.

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(h) Each campaign consultant shall verify, under penalty of perjury, the accuracy and completeness of the information provided under Sections 1.515 and l .520(c). Attachment R1 .3
(i) Each campaign consultant shall retain for a period of five years all books, papers and documents necessary to substantiate the reports and statements required under this Chapter.
(Added by Ord. 71-00, File No. 000358, App. 4/28n000J (Derivation: Fonner Administrntivc Code Section 16.543: added by Proposition G, 11/4/97) Editor's note
*The Regulation of lobbyists Ordinance, wlriclr was previously codified at Ad111i11istrative Code Sectio11 16.520, et seq., is now codified in 4rticle II of this Code.

SEC.1.520. POWERS AND DUTIES OF THE ETHICS COMMISSION.
(a) The Ethics Commission shall provide forms for the reporting of all information required by this Chapter. (b) The Ethics Commission shall issue a registration number to each registered campaign consultant. (c) At the time of initial registration and reregistration, the Ethics Commission shall provide the campaign consultant with a copy of the City's campaign and lobbyist laws, the Code of Conduct specified in Section 1.530, and any related material which the Commission determines will serve the purposes of this Chapter. Each campaign consultant must sign a statement acknowledging receipt of these materials.
(d) The Ethics Commission shall compile the information provided in registration and quarterly reports filed pursuant to this Chapter as soon as practicable after the close of each quarter and shall forward a report of the compiled infom1ation to the Board of Supervisors and the Mayor.
(e) The Ethics Commission shall preserve all original reports, statements, and other records required to be kept or filed under this Chapter for a period of five years. Such reports, statements, and records shall constitute a part of the public records of the Ethics Commission and shall be open to public inspection.
(f) The Commission shall provide formal and infonnal advice regarding the duties under this Chapter of a person or entity pursuant to the procedures specified in San Francisco; Charter Section C3 .699-12. (g) The Ethics Commission shall have the power to adopt all reasonable and necessary mies and regulations for the implementation of this Chapter pursuant to the procedure specified in Charter Section 15.102.* (Added by Ord. 71-00, File No. 000358, App. 4/28/2000) (Derivation: Fornier Administrative Code Section 16.544; added by Proposition G, 11/4/97) Editor's note
*Tire Etlrics Commission's authority to adopt 111/es and regulations was previously codified as Charter Section 3.699-9. Under Proposition E, adopted by tire San Francisco voters 011 November 7, 1995, Charter Sectio11 3.699-9 was recodified as C!rarter Secrion 15 102. Accordingly, references to Sectio11 3.699-9 !rave been changed to Section 15.102.

SEC.1.525. ADMINISTRATIVE AND CIVIL ENFORCEMENT, AND PENALTIES. (a) If any campaign consultant files an original statement or report after any deadline imposed by this Chapter, the Ethics Commission shall, in addition to any other penalties or remedies established in this Chapter, fine the campaign consultant $50 per day after the deadline until the statement or report is received by the Ethics Commission. If any campaign consultant files an original statement or report after any deadline imposed by this Chapter, when the deadline is fewer than 30 days before or after an election, the Ethics Commission shall, in addition to any other penalties or remedies established in this Chapter, fine the campaign consultant $ I 00 per day after the deadline until the statement or report is received by the Ethics Commission. The Ethics Commission may reduce or waive a fine if the Commission determines that the late filing was not willful and that enforcement will not further the purposes of this Chapter. The Ethics Commission shall deposit funds collected under this Section in the General Fund of the City and County of San Francisco. (b} Any person who believes that Section 1.5 IO has been violated may file a complaint with the Ethics Commission. Upon receipt of a complaint, or upon its own initiative, the Commission may investigate allegations of a violation of Section 1.510 and enforce the provisions of Section 1.510 pursuant to the procedures established in San Francisco Charter Section C3.699-13, and the Commission's mies and regulations adopted pursuant to Charter Section 15.102. * (c) When the Commission, pursuant to the procedures specified in Charter Section C3.699-l 3, determines on the basis of substantial evidence that a person or entity has violated Section 1.5 I 0, the Commission may require the person or entity to: (I) cease and desist the violation; (2) file any reports or statements or pay any fees required by this Chapter, and/or (3) pay a monetary penalty of up to $5,000 for each violation, or three times the amount not properly reported, whichever is greater. The Commission may cancel for up to one year the registration of any campaign consultant who has violated Section 1.510. A campaign consultant whose registration has been canceled pursuant to this Section may not provide campaign consulting services in exchange for economic consideration for the period that the registration is canceled. When the period of cancellation ends, the campaign consultant may reregister pursuant to Section l .515(a) and (c).
(d) Any person or entity which knowingly or negligently violates or who causes any other person to violate Section 1.510 may be liable in a civil action brought by the City Attorney for an amount up to $5,000 per violation, or three times the amount not properly

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reported, whichever is greater.
() A • 1· h' • II 1· I • I S • 1510. ·1 f • d AttachmentR1.3 e ny person or entity w 11c mtent1ona y or neg 1gent y v10 ates ecllon . 1s gu1 ty o a mis emeanor. (t) No administrative, civil, or criminal action shall be maintained to enforce Section 1.510 unless brought within four years after the date the cause of action accrued or the date that the facts constituting the cause of action were discovered by the Ethics Commission, City Attorney, or District Attorney, whichever is later. (g) In investigating any alleged violation of Section I .510, the Ethics Commission and City Attorney shall have the power to inspect, upon reasonable notice, all documents required to be maintained under Section 1. 5 IS(i). This power to inspect documents is in addition to other powers conferred on the Ethics Commission and City Attorney by the Charter, or by ordinance, including the power of subpoena. (Added by Ord. 71-00. File No. 000358, App. 4/28/2000) (Derivation: Fonner Administrative Code Section 16.545: added by Proposition G. 11/4/97) Etlitor's note
*The Ethics Commission's authority to adopt rules and reg11lations was previo11sly codified as Charier Section 3.699-9. Under Proposition£, adopted by the San Francisco voters 011 November 7, /995, Charter Section 3.699-9 was recodified as Charter Section 15 /02. Accordingly, references to Section 3.699-9 have been changed to Section 15.102.

SEC. 1.530. CODE OF CONDUCT.

At the time of initial registration and reregistration, each campaign consultant must elect whether to volUJ.1tarily comply with the following Code of Conduct:
"I am familiar with all the laws, mies and regulations applicable to local campaigns; "I will not knowingly make false statements about the qualifications or positions of any candidate, or about the scope and effect of any measure;
"[ will not knowingly make false statements that any real or fictitious person supports or opposes a candidate or measure; "In the event that I make inadvertent false statements about the qualifications or positions of any candidate or about the scope and effect of any measure, I will endeavor to provide corrected infonnation in written fonn to the Ethics Commission within five days; "l will refrain from appealing to prejudice in the conduct of a campaign, and from conducting, managing or advising a campaign, which appeals to prejudice based on race, gender, ethnic backgroUJ.1d, religious affiliation or nonaffiliation, sexual orientation, age, disability, or economic status;
"I will refrain from seeking to obtain the support of or opposition to any candidate or measure by the use of financial inducements or by the use of threats or coercion;
"I will refrain from influencing the submission of a measure to the San Francisco voters for the sole purpose of obtaining economic consideration for campaign consulting services;
"I will disclose through a filing at the San Francisco Ethics Commission any agreements that would result in a campaign consulting contract resulting from my efforts to influence the submission of a measure to the San Francisco voters at the time that I seek submission of any such measure;
"I will refrain from seeking to evade, or participating in efforts of others to evade, the legal requirements in laws pertaining to political campaigns;
"I will not knowingly participate in the preparation, dissemination, or broadcast of paid political advertising or campaign materials that contain false infonnation; and
"I will refrain from accepting clients whose interests are adverse to each other." (Added by Ord. 71-00, File No. 000358, App. 4/28/2000) (Derivution: Fonner Administrutive Code Section 16.546; added by Proposition G. 11/4/97) SEC. 1.535. SEVERABILITY.

If any Section, subsection, subdivision, sentence, clause, phrase or portion of this Chapter, or the application thereof to any person or entity is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Chapter or its application to other persons, business entities, or organizations. The Board of Supervisors hereby declares that it would have adopted this Chapter, and each Section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more Sections, subsections, subdivisions, sentences, clauses, phrases, or portions, or the application thereof to any person or entity, to be declared invalid or UJ.1constitutional. (Added by Ord. 71-00, File No. 000358, App. 4n8/2000) (Derivation: Fonner Administrative Code Section 16.547; added by Proposition G. 11/4/97) SEC.1.540. ELECTRONIC FILING OF STATEMENTS AND REPORTS. (a) ELECTRONlC FILLING REQUIRED. Whenever campaign consultants are required by this Chapter to file an original statement

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or report, the Ethics Commission may require the consultants to file an electronic copy of the statement or repo1t. The electronic copy shall be due no later than the deadline imposed by this Chapter for filing the original statement or report. Attachment R1 .3 (h) POWERS AND DUTIES OF THE ETHICS COMMISSION.
(i) Pursuant to San Francisco Charter Section 15.102, the Ethics Commission shall adopt regulations specifying the electronic filing requirements applicable to campaign consultants. The Ethics Commission shall adopt these regulations no fewer than 120 days before the electronic filing requirements are effective.
(ii) The Ethics Commission shall prescribe the fonnat for electronic copies of statements and reports no fewer than 90 days before the statements and reports are due to be filed.
(c) PENAL TIES. If any campaign consultant files an electronic copy of a statement or report after the deadline imposed by this Section, the Ethics Commission shall, in addition to any other penalties or remedies established in this Chapter, fine the campaign consultant $10 per day after the deadline until the electronic copy is received by the Ethics Commission. The Ethics Commission may reduce or waive a fine if the Commission detennines that the late filing was not willful and that enforcement will not further the purposes of this Chapter. The Ethics Commission shall deposit funds collected under this Section in the General Fund of the City and County of San Francisco.
(Added by Ord. 223-00, File No. 000742, App. 9/29/2000) SEC. 1.545. CONSTRUCTION WITH OTHER LAWS.

Lobbying by campaign consultants and employees of campaign consultants is governed by the applicable provisions of Article II, Chapter I of this Code, including Section 2.117, which prohibits campaign consultants and employees of campaign consultants from communicating with current and fonner clients on behalf of another person or entity for the purpose of influencing local legislative or administrative action in exchange for economic consideration. (Added by Ord. 28-04, File No. 031656, App. 2/20/2004)

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CHAPTER 2: Attachment R1 .3

CONFLICT OF INTEREST AND OTHER PROHIBITED ACTIVITIES
Sec. 3.200.

Sec. 3.20 I.

Sec. 3.202.

Sec. 3.203.

Sec. 3.204.

Sec. 3.206.

Sec. 3.207.

Sec. 3.208.

Sec. 3.209.

Sec. 3.210.

Sec. 3.212.

Sec. 3.214.

Sec. 3.216.

Sec. 3.218.

Sec. 3.220.

Sec. 3.222.

Sec. 3.224.

Sec. 3.226.

Sec. 3.228.

Sec. 3.230.

Sec. 3.231.

Sec. 3.232.

Sec. 3.234.

Sec. 3.236.

Sec. 3.238.

Sec. 3.240.

Sec. 3.242.

Sec. 3.244.

Findings and Purpose.

Citation.

Construction.

Definitions.

Amendment or Repeal of this Chapter.

Financial Conflicts of Interest.

Additional Conflicts of Interest for City Elective Officers and Members of Boards and Commissions.

Appointments and Nominations.

Recusals.

Voting on Own Character or Conduct.

Decisions Lnvolving Family Members.

Disclosure of Personal, Professional and Business Relationships.

Gifts.

Incompatible Activities.

Prohibition on Dual Office Holding.

Prohibiting Officers From Contracting With the City and County.

Prohibition on Representing Private Parties Before Other City Officers and Employees - Compensated Advocacy.

Referrals.

Disclosure or Use of Confidential City Information.

Prohibition on Political Activity.

Prohibitions on Political Activity for City Elective Officers and Members of Boards and Commissions.

Prohibition on Use of Public Funds for Printed Greeting Cards.

Post-Employment and Post-Service Restrictions.

Aiding and Abetting.

Filing ofFalse Charges.

Provision of False or Misleading Information; Withholding of Information; and Duty to Cooperate and Assist.

Penalties and Enforcement.

Severability.

SEC. 3.200. FINDINGS AND PURPOSE.
(a) The people of the City and County of San Francisco declare that public office is a public tmst and all officers and employees of the City and County shall exercise their public duties in a marmer consistent with this trust. To assure that the governmental processes of the City and County promote fairness and equity for all residents and to maintain public trust in governmental institutions, the people of the City and County declare that they have a compelling interest in creating laws regulating conflicts of interest and outside activities of City officers and employees.
(b) The proper operation of the government of the City and County of San Francisco requires that public officers and employees be independent, impartial, and responsible to the people and that public office and employment not be used for personal gain. The public interest, therefore, requires that officers and employees of the City and County be prohibited from making, participating in making or otherwise seeking to influence governmental decisions in which they have a financial interest or accepting gifts and other things of value from regulated sources.
( c) In order to maintain the public's confidence in the integrity of governmental decisions related to the appointment and discipline of public officers and employees, public officers and employees must not give or receive anything of value in consideration of their appointment or accept anything of value from their subordinates, and must not participate in decisions related to their own character or conduct or that of their family members.
(d) City and County contracts should be, and should appear to be, awarded on a fair and impartial basis. The practice of members of Boards and Commissions of the City and County contracting with the City and County creates the potential for, and the appearance of, favoritism or preferential treatment by the City and County. Prohibiting members of Boards and Commissions of the City and County from contracting with the City and County will eliminate both actual and perceived favoritism or preferential treatment without creating

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unnecessary barriers to public service.
(e) Government decisions of officers and employees of the City and County should be, and should appeaftgii�m.r,RU�\Yair and impartial basis. The practice of former officers and employees communicating with their former colleagues on behalf of private interests and the practice of cun·ent officers of the City and County communicating with other officers and employees on behalf of any other person for compensation creates the potential for, and the appearance of, undue influence, favoritism or preferential treatment.

Prohibiting former officers and employees from communicating orally, in writing, or in any other manner with their fom1er colleagues for specified periods of time and prohibiting current officers from communicating orally, in writing, or in any other manner with other officers and employees of the City and County on behalf of any other person for compensation will eliminate both actual and perceived undue influence, favoritism or preferential treatment without creating unnecessary barriers to public service. (Added by Proposi1ion E, 11/4/2003) (Fonner Section 3.200 added by Ord. 71-00, File No. 000358, App. 4/28/2000; repealed by Proposition E, 11/4/2003. Dcriva1ion: Former Administralive Code Section 16.980; added by Ord. 374-96, App. 9/30/96) SEC. 3.201. CITATION.

This Chapter may be cited as the San Francisco Government Ethics Ordinance. (Added by Ord. 244-09, File No. 091013, App. 12/3/2009) SEC. 3.202. CONSTRUCTION.

This Chapter shall be liberally construed in order to effectuate its purposes, provided that nothing in this Chapter shall be interpreted or applied to prohibit officers, members and representatives of employee organizations from engaging in organizational activities that are protected by the California Meyers-Milias-Brown Act, the First Amendment to the United States Constitution or any other federal, state or local law. No error, irregularity, infom1ality, neglect or omission of any officer in any procedure taken under this Chapter which does not directly affect the jurisdiction of the Board of Supervisors or the City and County to control the ethical conduct of its officers and employees shall avoid the effect of this Chapter.
(Added by Proposi1ion E, 11/4/2003)
SEC. 3.203. DEFINITIONS.

Whenever in this Chapter 2 the following words or phrases are used, they shall mean:
"Anything of value" shall mean any money or property, private financial advantage, service, payment, advance, forbearance, loan, or promise of future employment, but does not include compensation and expenses paid by the City, contributions as defined herein, or gifts that qualify for gift exceptions established by State or local law. "Associated," when used in reference to an organization, shall mean any organization in which an individual or a member of his or her immediate family is a director, officer, or trustee, or owns or controls, directly or indirectly, and severally or in the aggregate, at least 10% of the equity, or of which an individual or a member of his or her immediate family is an agent or employee. "City elective officer" shall mean a person who holds the office of Mayor, Member of the Board of Supervisors, City Attorney, District Attorney, Treasurer, Sheriff, Assessor and Public Defender. "Contribution" shall be defined as set forth in the California Political Reform Act, California Government Code section 81000, et seq. "Fundraising" shall mean:
(a) requesting that another person make a contribution; (b) inviting a person to a fundraising event;
( c) supplying names to be used for invitations to a fundraiser; (d) permitting one's name or signature to appear on a solicitation for contributions or an invitation to a fundraising event; (e) permitting one's official title to be used on a solicitation for contributions or an invitation to a fundraising event; (f) providing the use of one's home or business for a fundraising event; (g) paying for at least 20% of the costs of a fundraising event; (h) hiring another person to conduct a fundraising event; (i) delivering a contribution, other than one's own, by whatever means to a City elective officer, a candidate for City elective office, or a candidate-contr
olled committee; or
(j) acting as an agent or intermediary in connection with the making of a contribution. "Immediate family" shall mean spouse, registered domestic partner, and dependent children. "Officer" shall mean any person holding City elective office; any member of a board or commission required by Article lll, Chapter I

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of this Code to file a statement of economic interests; any person appointed as the chief executive officer under any such board or commission; the head of each City department; the Controller; and the City Administrator. Attachment R 1 .3 "Solicit" shall mean personally requesting a contribution for any candidate or committee, either orally or in writing. "Subordinate employee" shall mean an employee of any person whose official City responsibilities include directing or evaluating the performance of the employee or any of the employee's supervisors. (Added by Ord. 244-09, File No. 091013, App. 12/3/2009; amended by Ord. ill:..IJ!. File No. 180280, App. 5/30/2018, Eff. 6/30/2018, Oper. 6/30/2018) SEC. 3.204. AMENDMENT OR REPEAL OF TlilS CHAPTER.

The voters may amend or repeal this Chapter. The Board of Supervisors may amend this Chapter if all of the following conditions are met:
(a) The amendment furthers the purposes of this Chapter; (b) The Ethics Commission approves the proposed amendment by at least a four-fifths vote of all its members; (c) The proposed amendment is available for public review at least 30 days before the amendment is considered by the Board of Supervisors or any committee of the Board of Supervisors; and (d) The Board of Supervisors approves the proposed amendment by at least a two-thirds vote of all its members. (Added by Proposition E, 11/412003)
SEC. 3.206. FINANCIAL CONFLICTS OF INTEREST.
(a) Incorporation of the California Political Reform Act. No officer or employee of the City and County shall make, participate in making, or seek to influence a decision of the City and County in which the officer or employee has a financial interest within the meaning of California Government Code Section 87100 et seq. and any subsequent amendments to these Sections. (b) Incorporation of California Government Code 1090, et seq. No officer or employee of the City and County shall make a contract in which he or she has a financial interest within the meaning of California Government Code Section 1090 et seq. and any subsequent amendments to these Sections.
(c) Future Employment. No officer or employee of the City shall make, participate in making, or otherwise seek to influence a governmental decision, affecting a person or entity with whom the officer or employee is discussing or negotiating an agreement concerning future employment.
(Added by Proposition E, 111412003)
SEC. 3.207. ADDITIONAL CONFLICTS OF INTEREST FOR CITY ELECTIVE OFFICERS AND MEMBERS OF BOARDS AND COMMISSIONS.
(a) Prohibitions. In addition to the restrictions sel forth in Section 3.206 and other provisions of this Chapter 2, the following shall also constitute conflicts of interest for City elective officers and members of boards and commissions:
( 1) No City elective officer or member of a board or commission may use his or her public position or office to seek or obtain anything of value for the private or professional benefit of himself or herself, his or her immediate family, or for an organization with which he or she is associated.
(2) No City elective officer or member ofa board or commission may, directly or by means ofan agent, give, offer, promise to give, withhold, or offer or promise to withhold his or her vote or influence, or promise to take or refrain from taking official action with respect to any proposed or pending matter in consideration of, or upon condition that, any other person make or refrain from making a contribution.
(3) No person may offer or give to an officer, directly or indirectly, and no City elective officer or member of a board or commission may solicit or accept from any person, directly or indirectly, anything of value ifit could reasonably be expected to influence the officer's vote, official actions, or judgment with respect to a particular pending legislative or administrative action, or could reasonably be considered as a reward for any official action or inaction on the part of the officer. This subsection (a)(3) does not prohibit a City elective officer or member of a board or commission from engaging in outside employment. (b) Exception: public generally. The prohibition set forth in subsection (a)( 1) shall not apply if the resulting benefit, advantage, or privilege also affects a significant segment of the public and the effect is not unique. For purposes of this subsection (b):
(I) A significant segment of the public is at least 25% of:
(A) all businesses or non-profit entities within the official's jurisdiction; (B) all real property, commercial real property, or residential real property within the official's jurisdiction; or (C) all individuals within the official's jurisdiction.

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(2) A unique effect on a public official's financial interest includes a disproportionate effect on:
(A) the development potential or use of the oflicial's real property or on the income producing polent���ft/i'J15fltc�J;real property or business entity;
(8) an official's business entity or real property resulting from the proximity of a project that is the subject of a decision; (C) an official's interests in business entities or real properties resulting from the cumulative effect of the official's multiple interests in similar entities or properties that is substantially greater than the effect on a single interest; (D) an official's interest in a business entity or real property resulting from the official's substantially greater business volume or larger real property size when a decision affects all interests by the same or similar rate or percentage; (E) a person's income, investments, assets or liabilities, or real property if the person is a source of income or gifts to the official; or
(F) an official's personal finances or those of his or her immediate family. (Added by Ord. J 'Q-18 File No. 180280, App. 5/30/2018, Eff. 6130/2018, Opcr. 613012018) SEC. 3.208. APPOINTMENTS AND NOMINATIONS.

No person shall give or promise, and no officer or employee of the City and County may solicit or accept, any money or other valuable thing in consideration for (i) the person's nomination or appointment to any City and County office or employment, or promotion or other favorable City and County employment action, or (ii) any other person's nomination or appointment to any City and County office or employment or promotion or other favorable City and County employment action. (Added by Proposition E, 111412003)
SEC. 3.209. RECUSALS.
(a) Recusal Procedures. Any member of a City board or commission who has a conflict of interest under Sections 3.206 or 3.207, or who must recuse himself or herself from a proceeding under California Government Code Section 84308, shall, in the public meeting of the board or commission, upon identifying a conflict of interest immediately prior to the consideration of the matter, do all of the following:
(I) publicly identify the circumstances that give rise to the conflict of interest in detail sufficient to be understood by the public, provided that disclosure of the exact street address of a residence is not required; (2) recuse himself or herself from discussing or acting on the matter; and (3) leave the room until after the discussion, vote, and any other disposition of the matter is concluded, unless the matter has been placed on and remains on the consent calendar.
(b) Recusal Notification. A member of a City board or commission who is required to file a statement of economic interests pursuant to Article lll, Chapter I of the Campaign and Governmental Conduct Code shall file a recusal notification form each time the member recuses himself or herself, as required by subsection (a). (I) The member shall file the original recusal notification form, along with a copy of the meeting agenda containing the item involving the conflict of interest, with the Ethics Commission within 15 calendar days after the date of the meeting at which the recusal occurred.
(2) The member shall file the recusal notification form with the Ethics Commission even if the member is not present at the meeting that would have involved the conflict of interest.
(3) The recusal notification form shall be filed under penalty of perjury in a method prescribed by the Ethics Commission and shall include, at a minimum, the following:
(A) the member's name;
(8) the name of the member's board or commission;
(C) the date of the meeting at which the recusal occuned or would have occuned; (D) the agenda item number, a brief description of the matter, and a statement of whether the matter concerns the making of a contract; and
(E) the financial interest causing the recusal.
(c) Exception. The requirements of this Section 3.209 shall not apply to the members of the Board of Supervisors. (Added by Ord. 12Q-18 File No. 180280, App. 5/3012018, Eff. 6/3012018, Oper. 1/112019) SEC. 3.210. VOTING ON OWN CHARACTER OR CONDUCT.

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(a) Prohibition. No officer or employee of the City and County shall knowingly vote on or attempt to influence a governmental decision involving his or her own character or conduct, or his or her appointment to any office, position, or �tni�mlYtlt R1 .3 (b) Exceptions. Nothing in this Section shall prohibit an officer or employee from (i) responding to allegations, applying for an office, position, or employment, or responding to inquiries; or (ii) participating in the decision of his or her board, commission, or committee to choose him or her as chair, vice chair, or other officer of the board, commission, or committee. (Added by Proposition E, 11/4/2003)
SEC. 3.212. DECISIONS INVOLVING FAMILY MEMBERS.
(a) Prohibition. No officer or employee of the City and County may make, participate in making, or otherwise seek to influence a decision of the City and County regarding an employment action involving a relative. Nothing in this Section shall prohibit an officer or employee from acting as a personal reference or providing a letter of reference for a relative who is seeking appointment to a position in any City department, board, commission or agency other than the officer or employee's department, board, commission or agency or under the control of any such department, board, commission or agency. (b) Delegation. A Department Head who is prohibited under Subsection (a) from participating in an employment action involving a relative shall delegate in writing to an employee within the department any decisions regarding such employment action. (c) Definitions. For purposes of this Section, the term "employment action" shall be limited to hiring, promotion, or discipline, and the term "relative" shall mean a spouse, domestic partner, parent, grandparent, child, sibling, parent-in-law, aunt, uncle, niece, nephew, first cousin, and includes any similar step relationship or relationship created by adoption. (Added by Proposition E, 11/4/2003)
SEC. 3.214. DISCLOSURE OF PERSONAL, PROFESSIONAL AND BUSINESS RELATIONSHIPS.
(a) Disclosure. A City officer or employee shall disclose on the public record any personal, professional or business relationship with any individual who is the subject of or has an ownership or financial interest in the subject of a governmental decision being made by the officer or employee where as a result of the relationship, the ability of the officer or employee to act for the benefit of the public could reasonably be questioned. For the purposes of this Section, the minutes of a public meeting at which the governmental decision is being made, or if tbe governmental decision is not being made in a public meeting, a memorandum kept on file at the offices of the City officer or employee's department, board, commission or agency shall constitute the public record. (b) Penalties. A court may void any governmental decision made by a City officer or employee who fails to disclose a relationship as required by Subsection (a) if the court determines that: ( I) the failure to disclose was willful; and (2) the City officer or employee failed to render his or her decision with disinterested skill, zeal, and diligence and primarily for the benefit of the City. No other penalties shall apply to a violation of this Section, provided that nothing in this Section shall prohibit an appointing authority from imposing discipline for a violation of this Section.
(c) Regulations. The Ethics Commission may adopt regulations setting forth the types of personal, professional and business relationships that must be disclosed pursuant to this Section. (Added by Proposition E. 11/4/2003)
SEC. 3.216. GIFTS.
(a) Prohibition on Bribery. No person shall offer or make, and no officer or employee shall accept, any gift with the intent that the City officer or employee will be influenced thereby in the performance of any official act. (b) General gift restrictions. In addition to the gift limits and reporting requirements imposed by the Political Reforn1 Act and this Code and any subsequent amendments thereto, no officer or employee of the City and County shall solicit or accept any gift or loan from a person who the officer or employee knows or has reason to know is a restricted source, except loans received from commercial lending institutions in the ordinary course of business.
(I) Restricted Source. For purposes of this section, a restricted source means: (A) a person doing business with or seeking to do business with the department of the officer or employee; or (B) a person who during the prior 12 months knowingly attempted to influence the officer or employee in any legislative or administrative action. (2) Gift. For purposes of this subsection, the te1m gift has the same meaning as under the Political Refmm Act, California Government Code Section 81000 et seq., and the regulations adopted thereunder, including any subsequent amendments. Gifts exempted from the limits imposed by California Government Code Section 89503 and Section 3.1-101 of the Campaign and Governmental Conduct Code shall also be exempted from the prohibition set forth in this subsection. (3) Regulations. The Ethics Commission shall issue regulations implementing this section, including regulations exempting voluntary gifts that are nominal in value such as gifts that are given by vendors to clients or customers in the normal course of business. (c) Gifts from Subordinates. No officer or employee shall solicit or accept any gift or loan, either directly or indirectly, from any subordinate or employee under his or her supervision or from any candidate or applicant for a position as a subordinate or employee

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under his or her supervision. The Ethics Commission shall issue regulations implementing this Section, including regulations exempting voluntary gifts that are given or received for special occasions or under other circumstances in which gifts a¢.t\Gdl:tml!llibR!�n or exchanged.
(d) Gifts of Travel.
(I) Gifts to Elected Officers. Ln addition to the gift limits and reporting requirements imposed by the Political Reform Act and this Code, no elected officer may accept a gift of t
r
ansportation, lodging, or subsistence for any out-of-state trip paid for in part by an individual or entity other than the City and County of San Francisco, another governmental body, or a bona fide educational institution, defined in Section 203 of the Revenue and Taxation Code, unless the officer has first disclosed on a fom1 filed with the Ethics Commission:
(A) the name of the individual or entity and the total amount that will be paid by the individual or entity to fund the trip, including but not limited to the amount directly related to the cost of the elected officer's transportation, lodging, and subsistence; (B) the name, occupation and employer of any contributor who has contributed more than $500 to the individual or entity funding the trip and whose contributions were used in whole or in part to fund the trip; (C) a description of tbe purpose of the trip and the itinerary; and (D) the name of any individual accompanying the official on the trip who is:
(i) a City employee required to tile a Statement of Economic Interests, (ii) a lobbyist or campaign consultant registered with the Ethics Commission, (iii) an employee of or individual who has any ownership interest in a lobbyist or campaign consultant registered with the Ethics Commission, or
(iv) the individual funding the trip, or an employee or officer of the entity funding the trip. (2) Reimbursement of Gifts of Travel. In addition to any other reporting requirements imposed by the Political Refom1 Act or local law, an elected officer who reimburses an individual or entity for a gift of transportation, lodging or subsistence related to out-ofstate travel and thereby avoids having received or accepted the gift shall file a form with the Ethics Commission within 30 days of such reimbursement disclosing:
(A) the name of the individual or entity that originally paid for the transportation, lodging or subsistence; (B) the amount paid by the individual or entity for the elected officer's transportation, lodging or subsistence; (C) the amount reimbursed by the elected officer to the individual or entity and the process used to determine that amount; and (D) a description of the purpose of the trip and the itinerary. (3) Format. The Ethics Commission shall provide fom1s for the disclosure required by this subsection and shall make the completed forms available on its website.
(4) Definition. For the purpose of this subsection, the term "elected officer" means the Mayor, member of the Board of Supervisors, City Attorney, District Attorney, Public Defender, Assessor, Treasurer, and Sheriff. (e) Restrictions. Nothing in this section shall prohibit a City department, agency, board or commission from imposing additional gift restrictions on its officers or employees.
(Added by Proposition E, 11/4/2003; amended by Ord. 128-06, File No. 060217, App. 6122/2006; Ord. 301-06, File No. 061333, App. 12/1812006; Ord . .l.!ll:.ll.. File No. 110335, App. 612012011, Eff. 7/2012011)
SEC. 3.218. INCOMPATIBLE ACTIVITIES.
(a) Prohibition. No officer or employee of the City and County may engage in any employment, activity, or enterprise that the department, board, commission, or agency of which he or she is a member or employee has identified as incompatible in a statement of incompatible activities adopted under this Section. No officer or employee may be subject to discipline or penalties under this Section unless he or she has been provided an oppo1tunity to demonstrate that his or her activity is not in fact inconsistent, incompatible or in conflict with the duties of the officer or employee.
(b) Statement of Incompatible Activities. Every department, board, commission, and agency of the City and County shall, by August 1 of the year after which this Section becomes effective, submit to the Ethics Commission a statement of incompatible activities.

No statement of incompatible activities shall become effective until approved by the Ethics Commission after a finding that the activities are incompatible under the criteria set forth in Subsection (c). After initial approval by the Ethics Commission, a department, board, commission or agency of the City and County may, subject to the approval of the Ethics Commission, amend its statement of incompatible activities. The Ethics Commission may, at any time, amend the statement of incompatible activities of any department, board, commission or agency of the City and County.
(c) Required Language. Each statement of incompatible activities shall list those outside activities that are inconsistent, incompatible, or in conflict with the duties of the officers and employees of the department, board, commission, or agency of the City and County. This list shall include, but need not be limited to, activities that involve: (1) the use of the time, facilities, equipment and supplies of the City and County; or the badge, uniform, prestige, or influence of the City and County officer or employee's position for private

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gain or advantage; (2) the receipt or acceptance by an officer or employee of the City and County of any money or other thing of value from anyone other than the City and County for the performance of an act that the officer or employee woulst,.mi� IR't:l(JJected to render in the regular course of his or her service or employment with the City and County; (3) the perfom1ance of an act in a capacity other than as an officer or employee of the City and County that may later be subject directly or indirectly to the control, inspection, review, audit or enforcement of the City and County officer or employee's department, board, commission or agency; and (4) time demands that would render performance of the City and County officer or employee's duties less efficient. The Ethics Commission may permit City boards and commissions to exclude any required language from their statement of incompatible activities if their members, by law, must be appointed in whole or in part to represent any profession, trade, business, union or association. (d) Meet and Confer. No statement of incompatible activities or any amendment thereto shall become operative until the City and County has satisfied the meet and confer requirements of State law. (e) Notice. Every department, board, commission and agency of the City and County shall annually provide to its officers and employees a copy of its statement of incompatible activities. (f) Existing Civil Service Rules. Rules and Regulations relating to outside activities previously adopted or approved by the Civil Service Commission shall remain in effect until statements of incompatible activities are adopted pursuant to this Section. (Added by Proposi1ion E, 11/4/2003)
SEC. 3.220. PROHIBITION ON DUAL OFFICE HOLDING.

Any person holding an office under the City and County with an annual salary in excess of $2,500, whether by election or by appointment, who shall, during his or her term of office, hold or retain any other office with such a salary under the government of the United States, the State of California, or the City and County shall be deemed to have thereby vacated the office held by him or her under the City and County. For the purposes of this Section, the term salary does not include: (I) a stipend, per diem, or other payment provided for attendance at meetings; or (2) health, dental or vision insurance, or other non-cash benefits. (Added by Proposilion E, I 1/4/2003)
SEC. 3.222. PROHIBITING OFFICERS FROM CONTRACTING WITH THE CITY AND COUNTY.
(a) Definitions. For purposes of this Section! the following definitions shall apply:
(I) Business. The term "business" means any corporation, partnership, sole proprietorship, firm, enterprise, franchise, association, organization, or other legal entity or undertaking organized for economic gain. (2) City and County. The term "City and County" includes any commission, board, department, agency, committee, or other organizational unit of the City and County of San Francisco. (3) Contract. The term "contract" means any agreement other than a grant or an agreement for employment in exchange for salary and benefits.
(4) Subcontract. The term "subcontract" means a contract to perform any work that a primary contractor has an agreement with the City and County, the San Francisco Redevelopment Agency, the San Francisco Housing Authority, the San Francisco Unified School District, or the San Francisco Community College District to perform. (b) Prohibition. During his or her tem1 of office, no officer shall enter, submit a bid for, negotiate for, or otherwise attempt to enter, any contract or subcontract with the City and County, the San Francisco Redevelopment Agency, the San Francisco Housing Authority, the San Francisco Unified School District, or the San Francisco Community College District, where the amount of the contract or the subcontract exceeds $10,000.
(c) Exceptions. This Section shall not apply to the following contracts or subcontracts:
( 1) A contract or subcontract with a nonprofit organization; (2) A contract or subcontract with a business with which an officer is affiliated unless the officer exercises management and control over the business. A member exercises management and control if he or she is:
(A) An officer or director of a corporation;
(B) A majority shareholder of a closely held corporation; (C) A shareholder with more than five percent beneficial interest in a publicly traded corporation; (D) A general partner or limited partner with more than 20 percent beneficial interest in the partnership; or (E) A general partner regardless of percentage of beneficial interest and who occupies a position of, or exercises management or control of the business;
(3) A contract or subcontract entered into before a member of a board or commission commenced his or her service; (4) An agreement to provide property, goods or services to the City and County at substantially below fair market value; or

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(5) A settlement agreement resolving a claim or other legal dispute. (d) W • Tl E 1 . C • . • h 1 .b. • • h. • � ffi h b I Attachment R1..'.'l a1ver. 1e t 11cs omm1ss1on may waive t e pro 11 1t10ns 111 t 1s section ,or any o 1cer w o, y aw, must be appomle d to represent any profession, trade, business, union or association. (e) Limitation. Failure of an officer to comply with this Section shaU not be grounds for invalidating any contract with the City and County.
(Add ed by Proposition E, 111412003; Ord. 244-09, File No. 0QI0l3, App. 12/3/2009) SEC. 3.224. PROHIBITION ON REPRESENTING PRIVATE PARTIES BEFORE OTHER CITY OFFICERS AND EMPLOYEES- COMPENSATED ADVOCACY.
(a) Prohibition. No officer of the City and County shall directly or indirectly receive any form of compensation to communicate orally, in writing, or in any other manner on behalf of any other person with any other officer or employee of the City and County with the intent to influence a government decision.
(b) Exceptions. This section shall not apply to any communication by: ( 1) an officer of the City and County on behalf of the City and County; (2) an officer of the City and County on behalf of a business, union, or organization of which the officer is a member or fulllime employee; (3) an associate, partner or employee of an officer of the City and County, unless it is clear from the totality of the circumstances that the associate, partner or employee is merely acting as an agent of the City and County officer; or (4) a City officer in his or her capacity as a licensed attorney engaged in the practice of law, which includes representing clients in communications with the City Attorney's Office, District Attorney's Office, Public Defender's Office, attorneys in the Tax Collector's Office or Sheriffs Office, outside legal counsel hired by the City, representatives of the City who are named in a pending litigation matter or witnesses or potential witnesses in a pending litigation matter.
(c) Waiver. The Ethics Commission may waive the prohibitions in this section for any officer who, by law, must be appointed to represent any profession, trade, business, union or association. (Added by Proposition E, 1114/2003; Ord. 97-06, File No. 051837, App. 5/19/2006; Ord. 244-09, File No. 091013, App. 12/3/2009) SEC. 3.226. REFERRALS.

No officer or employee of the City and County shall: (a) receive any money, gift or other thing of economic value from a person or entity other than the City and County for referring a member of the public to a person or entity for any advice, service or product related to the processes of the City and County; or (b) condition any governmental action on a member of the public hiring, employing, or contracting with any specific person or entity. The Ethics Commission may waive the restriction in Subsection (b) if the Commission determines that granting a waiver is necessary for the proper administration of a governmental program or action. (Added by Proposition E, 11/4/2003)
SEC. 3.228. DISCLOSURE OR USE OF CONFIDENTIAL CITY INFORMATION.

No current or former officer or employee of the City and County shall: (a) willfully or knowingly disclose any confidential or privileged information, unless authorized or required by law to do so; or (b) use any confidential or privileged inforn1ation to advance the financial or other private interest of himself or herself or others. Confidential or privileged information is information that at the time of use or disclosure was not subject to disclosure under the Sunshine Ordinance or California Public Records Act. (Add ed by Proposi1ion E, 11/4/2003)
SEC. 3.230. PROHIBITION ON POLITICAL ACTIVITY.
(a) Solicitation of Contributions. No City officer or employee shall knowingly, directly or indirectly, solicit political contributions from other City officers or employees or from persons on employment lists of the City. Nothing in this Section shall prohibit a City officer or employee from communicating through the mail or by other means requests for political contributions to a significant segment of the public which may include City officers or employees. (b) Political Activities in Uniform. No City officer or employee shall participate in political activities of any kind while in uniform. (c) Political Activities on City Time or Premises. No City officer or employee may engage in political activity during working hours or on City premises. For the purposes of this Subsection, the term "City premises" shall not include City owned property that is made available to the public and can be used for political purposes. (Added by Proposition E, I I /4/2003)
SEC. 3.231. PROHIBITIONS ON POLITICAL ACTIVITY FOR CITY ELECTIVE OFFICERS AND MEMBERS OF BOARDS AND COMMISSIONS.

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(a) Solicitation of Campaign Volunteers. No City elective officer or member of a board or commission shall solicit uncompensated volunteer services from any subordinate employee for a campaign for or against any ballot measure or candiAttechment R1 .3 (b) Fund raising for Appointing Authorities. No member of a board or commission may engage in fundraising on behalf of (I) the officer's appointing authority, if the appointing authority is a City elective officer; (2) any candidate for the office held by the officer's appointing authority; or (3) any committee controlled by the officer's appointing authority. For the purposes of this subsection, "member of a board or commission" shall not include a member of the Board of Supervisors. (Added by Ord. 129-18 File No. 180280. App. 5/30/2018, Eff. 6/30/2018, Oper. 6/30/2018) SEC. 3.232. PROHIBITION ON USE OF PUBLIC FUNDS FOR PRINTED GREETING CARDS.
(a) Definitions. The term "greeting card" means any printed card that celebrates or recognizes a holiday. (b) Prohibition. No public funds may be used to design, produce, create, mail, send, or deliver any printed greeting card. The Controller of the City and County of San Francisco shall, in the Controller's sole discretion, detennine whether a payment is prohibited under this Section.

The Controller's decision regarding whether a payment is prohibited under this Section is final. (Added by Proposition E, t l/4n003)
SEC. 3.234. POST-EMPLOYMENT AND POST SERVICE RESTRICTIONS. (a) AU Officers and Employees.
(I) Permanent Restriction on Representation In Particular Matters. (A) Prohibition. No former officer or employee of the City and County, after the termination of his or her service or employment with the City, shall, with the intent to influence, act as agent or attorney, or otherwise represent, any other person (except the City and County) before any court, or before any state, federal, or local agency, or any officer or employee thereof, by making any fo1mal or informal appearance or by making any oral, written, or other communication in connection with a particular matter:
(i) in which the City and County is a party or has a direct and substantial interest; (ii) in which the former officer or employee participated personally and substantially as a City officer or employee; and (iii) which involved a specific party or parties at the time of such participation. (8) Restriction on assisting others. No former officer or employee of the City and County, after the termination of his or her service or employment with the City, shall aid, advise, counsel, consult or assist another person (except the City and County) in any proceeding in which the officer or employee would be precluded under Subsection (A) from personally appearing. (C) Exception for testimony. The prohibitions in Subsections A and B do not prohibit a former officer or employee of the City and County from testifying as a witness, based on the former officer's or employee's personal knowledge, provided that no compensation is received other than the fees regularly provided for by law or regulation of witnesses. (2) One-Year Restriction on Communicating with Former Department. No current or former officer or employee of the City and County, for one year after termination of his or her service or employment with any department, board, commission, office or other unit of the City, shall, with the intent to influence a government decision, communicate orally, in writing, or in any other manner on behalf of any other person (except the City and County) with any officer or employee of the depa1tment, board, commission, office or other unit of government, for which the officer or employee served. (3) Employment With Parties That Contract With The City. No current or former officer or employee of the City shall be employed by or otherwise receive compensation from a person or entity that entered into a contract with the City within the preceding 12 months where the officer or employee personally and substantially participated in the award of the contract. (b) Mayor, Members of the Board of Supervisors, and their Senior Staff Members. (I) One year restriction on communicating with City departments. For purposes of the one-year restriction under subsection (a) (2), the "department" for which a fonner Mayor, a former member of the Board of Supervisors, or a former senior staff member to either the Mayor or a member of the Board of Supervisors served shall be the City and County and the prohibition in subsection (a)(2) shall extend to communications with:
(A) a board, department, commission or agency of the City and County; (B) an officer or employee of the City and County;
(C) an appointee of a board, department, commission, agency, officer, or employee of the City and County; or (D) a representative of the City and County.

For the purposes of this subsection, "a fonner senior staff member to either the Mayor or a member of the Board of Supervisors"

ATTACHMENT A
188
EXHIBIT 3
means an individual employed in any of the following positions at the time the individual te1minated his or her employment with the City: the Mayor's Chief of Staff, the Mayor's Deputy Chief of Staff, a Legislative Aide to a member of the BAttSdlfm�r��QB, or a position that the Ethics Commission detennines by regulation is an equivalent position based on an analysis of the functions and duties of the position.
(2) City service.
(A) Except as provided in Subsection (8), no fo1mer Mayor or member of the Board of Supervisors shall be eligible for a period of one year after the last day of service as Mayor or member of the Board of Supervisors, for appointment to any full time, compensated employment with the City and County. This restriction shall not apply to a forn1er Mayor or Supervisor elected to an office of the City and County, appointed to fill a vacancy in an elective office of the City and County, or appointed to a board or commission in the executive branch.
(8) Notwithstanding the one-year restriction in Subsection (A), a former Mayor who was appointed to that office under Charter Section 13.101.5 to fill a vacancy shall be eligible for appointment to any City employment, provided that (i) the former Mayor did not file a declaration of candidacy for election to the office of Mayor after being appointed to that office, (ii) the fonner Mayor was employed by the City immediately prior to assuming the office of Mayor, and (iii) the salary in the first year of the new employment shall not exceed the salary received by the former Mayor in the City employment that he or she held immediately prior to assuming office as Mayor.
(c) Waiver.
(1) At the request ofa current or former City employee or officer, the Ethics Commission may waive any of the restrictions in Subsections (a)( 1) and (a)(2) if the Commission determines that granting a waiver would not create the potential for undue influence or unfair advantage.
(2) At the request of a current or former City employee or officer, the Ethics Commission may waive any of the restrictions in Subsections (a)(!) and (a)(2) for members of City boards and commissions who, by law, must be appointed to represent any profession, trade, business union or association.
(3) At the request of a current or former City officer or employee, the Ethics Commission may waive the prohibition in Subsection (a)(3) if the Commission determines that imposing the restriction would cause extreme hardship for the City officer or employee. (4) The Ethics Commission may adopt regulations implementing these waiver provisions. (Added by Proposition E, 111412003; amended by Ord. 218-07, File No. 070505, App. 9/21/2007; Ord. 208-09, File No. 090219, App. 9125/2009; Ord. li:!.l.. File No. 110023, App. 5/31/2011, Eff. 6/30/11)
SEC. 3.236. AIDING AND ABETTING.

No person shall knowingly and intentionally provide assistance to or otherwise aid or abet any other person in violating any of the provisions of this Chapter.
(Added by Proposition E, 111412003)
SEC. 3.238. FILING OF FALSE CHARGES.

No person shall knowingly and intentionally file with the Ethics Commission, tbe District Attorney or the City Attorney any false charge alleging a violation of this Chapter.
(Added by Proposition E, 111412003)
SEC. 3.240. PROVISION OF FALSE OR MISLEADING INFORMATION; WITHHOLDING OF INFORMATION; AND DUTY TO COOPERATE AND ASSIST.
(a) Prohibition. No person shall knowingly and intentionally furnish false or fraudulent evidence, documents, or information to the Ethics Commission, District Attorney or City Attorney, or knowingly and intentionally misrepresent any material fact, or conceal any evidence, documents, or information relevant to an investigation by the Ethics Commission, Distr ict Attorney or City Attorney of an alleged violation of this Chapter.
(b) Duty to Cooperate and Assist. The Ethics Commission, District Attorney or City Attorney may request and shall receive from every City officer and employee cooperation and assistance with an investigation into an alleged violation of this Chapter. (Added by Proposition E, 11/412003)
SEC. 3.242. PENALTIES AND ENFORCEMENT.
(a) Criminal Penalties. Any person who knowingly or willfully violates any of the City's conflict of interest and governmental ethics laws shall be guilty ofa misdemeanor and upon conviction thereof shall be punished by a fine ofnot more than $10,000 for each violation or by imprisonment in the County jail for a period of not more than one year in jail or by both such fine and imprisonment.

ATTACHMENT A
189
EXHIBIT 3
(b) Civil Penalties. Any person who intentionally or negligently violates any City conflict of interest or governmental ethics law shall be liable in a civil action brought by the City Attorney for an amount up to $5,000 for each violation. Attachment R1 .3 (c) Injunctive Relief. The City Attorney or any resident may bring a civil action on behalf of the people of San Francisco to enjoin violations of or compel compliance with a conflict of interest or governmental ethics law. No resident may commence a civil action under this Section without first notifying the City Attorney in writing of the intent to file a civil action under this Section. If the City Attorney fails to notify the resident within 120 days of receipt of the notice that the City Attorney has filed or will file a civil action, the complainant may file the action. No resident may file an action under this Section if the City Attorney responds within 120 days that the City Attorney intends to file an action or has already filed a civil action. No resident may bring an action under this Section if the Ethics Commission has issued a finding of probable cause arising out of the same facts, the District Attorney has commenced a criminal action arising out of the same facts, or another resident has filed a civil action under this Section arising out of the same facts. A com1 may award reasonable attorney's fees and costs to any resident who obtains injunctive relief under this Section. (d) Administrative Penalties. Any person who violates any of the City's conflict of interest or governmental ethics laws shall be liable in an administrative proceeding before the Ethics Commission held pursuant to the Charter. In addition to the administrative penalties set forth in the Charter, the Ethics Commission may issue warning letters to City officers and employees. (e) Statute of Limitations. No person may bring a criminal, civil or administrative action under this Section against any other person more than four years a�er the date of the alleged violation. (Added by Proposition E, 111412003)
SEC. 3.244. SEVERABILITY.

If any provision of this Chapter, or the application thereof to any person or circumstance, is held invalid, the validity of the remainder of the Chapter and the applicability of such provisions to other persons and circumstances shall not be affected thereby. {Added by Proposi1ion E, 11/4/2003)

ATTACHMENT A
190

COUNCIL CREED AND

CODE OF ETHICS
ITEM 3.2
7/17/2024
Attachment R1 .3

ATTACHMENT A
191
Attachment R1 .3

CREED FOR COUNCILMEMBERS

ATTACHMENT B

ATTACHMENT A
192

CAMPAIGN CONSULTANTS
SAN FRANCISCO CITY/COUNTY CODE ARTICLE I, CHAPTER 5

ATTACHMENT C
• Local Office/Local Measure
• Must register annually to lawfully consult or accept compensation for services • Registration includes a tiered fee and the following information • Name, Business Address, and Phone Number
• If an individual, name of employer
• Names of individuals employed by the consultant
• Names and contact information for clients for the preceding three months EXHIBIT3
Attachment R1 .3
• Economic considerations promised or received from the clients in exchange for services which total in excess of $500
• Political contributions of $100 or more, cumulative total of $500 or more • Gifts of an aggregate total of $50 or more
• Client Authorization
• Quarterly reporting

ATTACHMENT A
193

CONFLICT OF INTEREST

SAN FRANCISCO CITY/COUNTY CODE
ARTICLE 111, CHAPTER 2

ATTACHMENT D
EXHIBIT 3
Attachment R1 .3
Prohibition on
representing private
parties SEC. 3.224
Disclosure or use of
confidential city
information SEC. 3.228
Prohibition on Political
Activity for City Elective
Officers SEC. 3.231

ATTACHMENT A
194

DISCUSSION AND

DIRECTION
Attachment R 1.3

ATTACHMENT A
195

CITY OF STOCKTON

OFFICE OF THE CITY CLERK

MEMORANDUM
June 24, 2024
TO: EXECUTIVE TEAM, EXECUTIVE ASSISTANTS
FROM: KA THERINE ROLAND, fNTERIM CITY CLERK
EXHIBIT 3
Attachment R1 .5
SUBJECT: CHANGE TO PUBLIC ACCESS OF FORM 700 THROUGH NETFlLE Subsequent to the release of the San Joaquin Civil Grand Jury Report (case number 0123), the City Clerk's Office reviewed the requirements to display the FPPC Form 700, Statement of Economic Interest, filed tlu·ough Netfile on the City's website. Although filers designated under California Government Code 87200 were publicly available on the City's website through Netfile, those otherwise required to file under our Conflict of Interest Code were not. After this review and in the interest of the best access and transparency, we will be making the change to include all filers as publicly accessible on the City's website through Netfile. These fonns will display in their redacted format, removing address, phone, and email infom1ation. There is no change to the ability for the public to review an unreclacted form upon request and in person with the Clerk's Office.

Please share this information with any affected persons within your department. For any questions, please contact the Clerk's Office at [email protected] or (209)937-8458. ' C
fNTERIM CITY CLERK
City Hall• 425 N. El Dorado Street• Stockton, CA 95202-1997 • 209 / 937-8458 • Fax 209 / 937-8447 www.stocktonca.gov • E-mail: [email protected]

ATTACHMENT A
196
File#: 24-0441, Version: 1
City of Stockton
Legislation Text
EXHIBIT 3
Attachment R2.4
Approved by Resolution 2024-06-18-1204
APPROVE AMENDMENT TO CITY COUNCIL POLICY MANUAL CHAPTER 2.06 - COUNCIL

COMMUNICATIONS GUIDELINES

RECOMMENDATION
It is recommended that City Council approve by resolution an amendment to the City Council Policy Manual Chapter 2.06 - Council Communication by adding a policy defining the use of City Council letterhead.

Summary
The City Council Policy Manual does not contain a policy for the use of City or Council Letterhead.

The Legislation / Environmental Committee members have requested that staff present the attached policy for review and approval by the full Council.

DISCUSSION
Background
The Legislation/ Environmental Committee members have been reviewing and making recommendations to update the City Council Policy Manual. During the review of Chapter 2.06 - Council Communication Guidelines, it was discovered that the current policy does not address the use of City or Council letterhead (Attachment A - Council Policy Manual Chapter 2.06, current online version). The members of the Council Legislation/ Environmental Committee directed staff to develop a policy.

Present Situation
Staff researched available city policies from several cities that had posted their policy on the Institute for Local Government website. Based on the information presented at the April 17, 2024, Legislation/ Environmental Committee meeting, Committee members have requested that staff present the amended policy for review and approval by the full Council (Attachment B - Proposed Council Policy Chapter 2.06). The current guidelines located at Council Policy Manual Title 2, Chapter 2.06 - Council Communication Guidelines will be consolidated under Section 2.06.010. The new proposed policy concerning letterheads would be codified under Section 2.06.020. The remaining sections of Chapter 2.06 at 2.06.030 through 2.06.070, having been consolidated into

2.06.010, would be stricken.

Approval of this policy would also address recommendation R2.4 of the 2024 San Joaquin County Civil Grand Jury Report, "City of Stockton: Crisis in Government, Case # 0123" issued on June 10, 2024.

City of Stockton Page 1 of 2 Printed on 6/13/2024
power�d by Leqistar

ATTACHMENT A
197
File#: 24-0441, Version: 1

FINANCIAL SUMMARY
There is no financial impact to amending the policy.

Attachment A - Current Council Policy Chapter 2.06, online version Attachment B - Proposed Council Policy Chapter 2.06
City of Stockton Page 2 of 2
EXHIBIT3
Attachment R2.4
Prtnted on 6/13/2024
powered by LegistarnA

ATTACHMENT A
198
ATTACHM�¥l
�
T 3
Attachment R2.4
The following Code does not display images or complicated formatting. Codes should be viewed online. This tool is only meant for editing.

Chapter 2.06

CITY COUNCIL COMMUNICATION GUIDELINES
§ 2. 06. 010 Policy.
1) The City has a responsibility to clearly report to the public it serves the actions and conduct of city government in all of its complexity. This policy intends to ensure that relevant information is communicated to the public and that it is timely, accurate, and distributed properly.
2) The City will use media coverage to generate interest, encourage involvement, increase understanding, and provide a vital link between all citizens and their governments. 3) The City will dedicate sufficient staff to initiate and maintain contacts with media representatives, develop and distribute information, plan and implement information campaigns, monitor media reports, and look for opportunities to highlight the positives of our community.
4) City leaders will be available for interviews, respond promptly to requests for information in order to facilitate effective communication with citizens and to ensure that news reports are timely and accurate.
5) The Mayor, Councilmembers, City Manager, and department heads shall make major announcements and respond to questions when the issues or policies are controversial or sensitive.
6) Community Relations and Public Information staff will help the media gain access to elected officials, employees, and public records.
7) The City Manager shall develop and maintain an administrative directive to guide City of Stockton communications.
§ 2.06.020 Responsibilities.

Mayor, Councilmembers, City Manager, and Department Heads:

Make major announcements.

Respond to questions regarding controversial or sensitive issues or policies. § 2. 06. 030 Relevant authority.

None applicable.
§ 2.06.040 Related administrative directive, city policy, city procedure.

Administrative Directive - Communications <IV.A> (MAN-23).

ATTACHMENT A
199
Administrative Directive - Public Information <IV.C> (TED).

Citywide Policy- Media Contact Reporting <IV.C.a> (MAN-04). § 2.06.050 Related forms, documents, or links.

None applicable.
§ 2.06.060 Frequently asked questions.

None applicable.
§ 2. 06. 070 Update history.
9/29/98 - Adopted by Resolution No. 98-0409
1/26/16 -Amended by Resolution No. 2016-01-26-1203
ATTACHM�¥l�
T 3
Attachment R2.4

ATTACHMENT A
200
ATTACHM�¥11EF 3
Attachment R2.4
CHAPTER 2.06: CITY COUNCIL COMMUNICATION GUIDELINES
POLICY 2.06.010: GENERAL COMMUNICATION GUIDELINES
Policy
I) The City has a responsibility to clearly repott to the public it serves the actions and conduct of city government in all of its complexity. This policy intends to ensure that relevant information is communicated to the public and that it is timely, accurate, and distributed properly.
2) The City will use media coverage to generate interest, encourage involvement, increase understanding, and provide a vital link between all citizens and their governments. 3) The City will dedicate sufficient staff to initiate and maintain contacts with media representatives, develop and distribute information, plan and implement information campaigns, monitor media reports, and look for oppottunities to highlight the positives of our community.
4) City leaders will be available for interviews, respond promptly to requests for information in order to facilitate effective communication with citizens and to ensure that news repotts are timely and accurate.
5) The Mayor, Councilmembers, City Manager, and department heads shall make major announcements and respond to questions when the issues or policies are controversial or sensitive.
6) Community Relations and Public Information staff will help the media gain access to elected officials, employees, and public records.
7) The City Manager shall develop and maintain an administrative directive to guide City of Stockton communications.

Responsibilities
Mayor, Councilmembers, City Manager, and Depattment Heads:
• Make major announcements.
• Respond to questions regarding controversial or sensitive issues or policies.

Relevant Authority
Stockton City Charter, Article m, Powers of the City
Stockton City Chatter, Article X[-A, Public Information Office Gov. Code,§ 54950, the Ralph M Brown Act

ATTACHMENT A
201
Related Administrative Directive, City Policy. City Procedure Citywide Policies and Procedures, Chapter 13 - Communication Related Forms, Documents, or Links
None applicable.

Frequently Asked Questions or Comments
Attachment R2.4
The examples provided in Responsibilities, Relevant Authority, and Related Administrative Directive sections of the Council Policies are intended to be illustrative and not exhaustive.

Update History
9/29/98 -Adopted by Resolution No. 98-0409
1/26/16 -Amended by Resolution No. 2016-01-26-1203

ATTACHMENT A
202
ATTACHM���l
�
T 3
Attachment R2.4
CHAPTER 2.06: CITY COUNCIL COMMUNICATION GUIDELINES
POLICY 2.06.020: USE OF CITY AND COUNCIL LETTERHEAD
Policv
"City letterhead" and/or "City Resources" (i.e., staff suppo11, postage, etc.), may only be used to communicate the official policy, position, or actions of the City or City Council, not individual Councilmember positions or opinions. City letterhead means letterhead which include the official city logo, the location and contact information for City Hall, contains the heading "Office of the City Council" and a listing of the current councilmembers (Exhibit 1). Not withstanding the above, the City Council is allowed to communicate using city letterhead for official city business with a copy to the City Council. No Councilmember may use the City letterhead for the purpose of press release, news release, or communications with the media.

City letterhead shall not be altered by a Councilmember. City letterhead shall include the following, and shall be maintained by the City Manager:

1. City Logo

2. "Office of the City Council"

3. The address/location of the governing body-City Hall

4. Names of the elected members of the Stockton City Counci 1 Councilmembers may use "Council letterhead" (Exhibit 2) for any purpose including but not limited to responding to inquires or communicating their personal opinions, support for, or responses to constituents, other non-constituent individuals, or organizations. Council letterhead contains the heading "Office of Councilmember [ xxx], District [#]"or any letterhead created for a councilmember which identifies the councilmember as a city representative but may not include use of the official city logo. When a councilmember utilizes Council letterhead as described in this policy, the councilmember shall include the following disclaimer:
"This communication does not reflect the policies or opinion of the City of Stockton or the Stockton City Council."
Council letterhead shall not be altered by a Councilmember. Council letterhead shall include the following, and shall be maintained by the City Manager:

I. "Office of Councilmember [ xxx ], District [ # ]"

2. The address/location of the governing body -City Hall

ATTACHMENT A
203
Responsibilities
Mayor, Councilmembers, City Manager, City Attorney, and City Clerk:
• Monitor and enforce the intention of the policy as outlined.

Enforcement
Stockton City Council Policy Chapter 4.08 Council Censure Relevant Authority
Stockton City Charter, Article III, Powers of the City
Stockton City Charter, Article XI-A, Public Information Office Gov. Code,§ 54950, the Ralph M Brown Act
Related Administrative Directive, Citv Policv. Citv Procedure Citywide Policies and Procedures, Chapter 13 -Communication Related Forms. Documents, or Links
Exhibit I -SAMPLE City Letterhead
Exhibit 2 - SAMPLE Council Letterhead
Frequently Asked Questions or Comments
ATTACHM�¥11EF 3
Attachment R2.4
The examples provided in Responsibilities, Relevant Authority, and Related Administrative Directive sections of the Council Policies are intended to be illustrative and not exhaustive.

Update History
Draft Prepared April 2024, pending Council approval in June 2024

ATTACHMENT A
204
EXHIBIT 3
Attachment R2.4
Resolution No. 2024-06-18-1204

STOCKTON CITY COUNCIL
A RESOLUTION ADOPTING A REVISED CITY COUNCIL POLICY CHAPTER 2.06 - CITY

COUNCIL COMMUNICATIONS GUIDELINES
Chapter 2.06 of the Council Policy Manual addresses the responsibilities and guidelines related to the method in which the Stockton City Council reports and communicates to the public; and
Chapter 2.06 of the Council Policy Manual did not address the Councilmembers specific use of City letterhead; and
On June 10, 2024, the San Joaquin Civil Grand Jury issued a report regarding Case # 0123 titled "City of Stockton: Crisis in Government" which included recommendation R2.4, stating that "by March 31, 2025, the City should amend their policies and procedures regarding the use of City Stationary;" and
The Legislation and Environmental Committee voted on April 17, 2024, to forward a recommendation to Council to address the recommended revisions; now, therefore,

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

1. City Council approves the revised City Council Policy 2.06 entitled "Council Communications Guidelines;" attached hereto as "Exhibit 1."

2. At the appropriate time, the City Manager or City Attorney is authorized to submit the approved City Council Policy 2.06 to the San Joaquin County Civil Grand Jury as a part of the City's response, specifically to their recommendation R2.4.

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

PASSED, APPROVED, and ADOPTED __ J_ un_e_1 _8�, 2_0_2 _4 __ ATTEST:

ATTACHMENT A
205
EXHIBIT 3
Attachment R2.4
CHAPTER 2.06: CITY COUNCIL COMMUNICATION GUIDELINES
POLICY 2.06.010: GENERAL COMMUNICATION GUIDELINES
[!QJjcy
1) The City has a responsibility to clearly report to the public it serves the actions and conduct of city government in all of its complexity. This policy intends to ensure that relevant information is co1mnunicated to the public and that it is timely, accurate, and distributed properly.
2) The City will use media coverage to generate interest, encourage involvement, increase understanding, and provide a vital link between all citizens and their governments. 3) The City will dedicate sufficient staff to initiate and maintain contacts with media representatives, develop and distribute information, plan and implement information campaigns, monitor media reports, and look for oppmtunities to highlight the positives of our community.
4) City leaders will be available for interviews, respond promptly to requests for information in order to facilitate effective communication with citizens and to ensure that news reports are timely and accurate.
5) The Mayor, Councilmembers, City Manager, and department heads shall make major announcements and respond to questions when the issues or policies are controversial or sensitive.
6) Community Relations and Public Information staff will help the media gain access to elected officials, employees, and public records.
7) The City Manager shall develop and maintain an administrative directive to guide City of Stockton communications.

Resoonsibilities
Mayor, Councilmembers, City Manager, and Department Heads:
• Make major announcements.
• Respond to questions regarding controversial or sensitive issues or policies.

Relevant Authoritv
Stockton City Cha11er, AI1icle III, Powers of the City
Stockton City Cha11er, Miele XI-A, Public Information Office Gov. Code, § 54950, the Ralph M Brown Act

ATTACHMENT A
206
RelatedAdministrative Directive, Citv .r � Policv. Citv Procedure � Citywide Policies and Procedures, Chapter 13 - Communication Related Forms, Documents. or Links
None applicable.

Frequently Asked Questions or Comments
EXHIBIT3
Attachment R2.4
The examples provided in Responsibilities, Relevant Authority, and Related Administrative Directive sections of the Council Policies are intended to be illustrative and not exhaustive.

Update Histo_zy
9/29/98 - Adopted by Resolution No. 98-0409
1/26/16-Amended by Resolution No. 2016-01-26-1203

ATTACHMENT A
207
EXHIBIT 3
Attachment R2.4
CHAPTER 2.06: CITY COUNCIL COMMUNICATION GUIDELINES
POLICY 2.06.020: USE OF CITY AND COUNCIL LETTERHEAD
&li.cy
"City letterhead" and/or "City Resources" (i.e., staff support, postage, etc.), may only be used to communicate the official policy, position, or actions of the City or City Council, not individual Councilmember positions or opinions. City letterhead means letterhead which include the official city logo, the location and contact information for City Hall, contains the heading "Office of the City Council" and a listing of the cutTent councilmembers (Exhibit 1 ). Not withstanding the above, the City Council is allowed to communicate using city letterhead for official city business with a copy to the City Council. No Councilmember may use the City letterhead for the purpose of press release, news release, or communications with the media.

City letterhead shall not be altered by a Councilmember. City letterhead shall include the following, and shall be maintained by the City Manager:

1. City Logo

2. "Office of the City Council"

3. The address/location of the governing body- City Hall

4. Names of the elected members of the Stockton City Council Councilmembers may use "Council letterhead" (Exhibit 2) for any purpose including but not limited to responding to inquires or communicating their personal opinions, support for, or responses to constituents , other non-constituent individuals, or organizations. Council letterhead contains the heading "Office of Councilmember [ xx:x ], District [ # ]" or any letterhead created for a councilmember which identifies the councilmember as a city representative but may not include use of the official city logo. When a councilmember utilizes Council letterhead as described in this policy, the councilmember shall include the following disclaimer:
"This communication does not reflect the policies or opinion of the City of Stockton or the Stockton City Council. "
Council letterhead shall not be altered by a Councilmember. Council letterhead shall include the following, and shall be maintained by the City Manager:

1. "Office of Councilmember [ xxx ], District [ # ]"

2. The address/location of the governing body - City Hall

ATTACHMENT A
208
/s.filoonsibilities
Mayor, Councilmembers, City Manager, City Attorney, and City Cleric • Monitor and enforce the intention of the policy as outlined.

Enforcement
Stockton City Council Policy Chapter 4.08 Council Censure .fsQLex1mt Authority
Stockton City Charter, Article III, Powers of the City
Stockton City Charter, Article XI-A, Public Information Office Gov. Code, § 54950, the Ralph M Brown Act
Related Administrative Directive. Citv � Policv. .r Citv - Procedure Citywide Policies and Procedures, Chapter 13 - Communication Related Forms, Documents, or Links
Exhibit I - SAMPLE City Letterhead
Exhibit 2 - SAMPLE Council Letterhead
Frequently Asked Questions or Comments
EXHIBIT3
Attachment R2.4
The examples provided in Responsibilities, Relevant Authority, and Related Administrative Directive sections of the Council Policies are intended to be illustrative and not exhaustive.

JljLdc1_te H�tory
Draft Prepared April 2024, pending Council approval in June 2024

ATTACHMENT A
209

KEVIN LINCOLN II
Mayor

KIMBERLY WARMSLEY
Vice Mayor
District 6

CITY OF STOCKTON

OFFICE OF THE CITY COUNCIL
CITY HALL• 425 N. El Dorado Street • Stockton, CA 95202-1997 209 I 937-8244 • Fax 209 / 937-7149
EXl-11B1 1
Council Policy 2.06.020
�fi1Bf:f?3DILLA
District 1
Attachmertlt-R�J13HT
District 2

MICHAEL BLOWER
District3

SUSAN LENZ
District 4

BRANDO VILLAPUDUA
District 5

ATTACHMENT A
210
OFFICE OF COUNCILMEMBER [ xxx ]
DISTRICT [ #]

CITY OF STOCKTON
CITY HALL• 425 N. El Dorado Street • Stockton, CA 95202-1997 209 / 937-8244 • Fax 209 / 937-7149
EXHIBIT 2
Council Policy 2.06.020
EXHIBIT 3
Attachment R2.4
"This communication does not reflect the policies or opinion of the City of Stockton or the Stockton City Council. "

ATTACHMENT A
211
...........,.2024-06-18-1204

STOCKTON CITY COUNCIL
A RESOLUTION ADOPTING A REVISED CITY COUNCIL POLICY CHAPTER 2.06 - CITY

COUNCIL COMMUNICATIONS GUIDELINES
Chapter 2.06 of the Council Policy Manual addresses the responsibilities and guidelines related to the method in which the Stockton City Council reports and communicates to the public; and
Chapter 2.06 of the Council Policy Manual did not address the Councilmembers specific use of City letterhead; and
On June 10, 2024, the San Joaquin Civil Grand Jury issued a report regarding Case # 0123 titled "City of Stockton: Crisis in Government" which included recommendation R2.4, stating that "by March 31, 2025, the City should amend their policies and procedures regarding the use of City Stationary;" and
The Legislation and Environmental Committee voted on April 17, 2024, to forward a recommendation to Council to address the recommended revisions; now, therefore,

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

1. City Council approves the revised City Council Policy 2.06 entitled "Council Communications Guidelines;" attached hereto as "Exhibit 1."

2. At the appropriate time, the City Manager or City Attorney is authorized to submit the approved City Council Policy 2.06 to the San Joaquin County Civil Grand Jury as a part of the City's response, specifically to their recommendation R2.4.

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

PASSED, APPROVED, and ADOPTED June 18, 2024
Interim City Clerk of the City of S
Ma rof
\J(
INCHH

ATTACHMENT B
212
EXHIBIT 1
CHAPTER 2.06: CITY COUNCIL COMMUNICATION GUIDELINES
POLICY 2.06.010: GENERAL COMMUNICATION GUIDELINES
l) The City has a responsibility to clearly report to the public it serves the actions and conduct of city govemment in all of its complexity. This policy intends to ensure that relevant information is communicated to the public and that it is timely, accurate, and distributed properly.
2) The City will use media coverage to generate interest, encourage involvement, increase understanding, and provide a vital link between all citizens and their governments. 3) The City will dedicate sufficient staff to initiate and maintain contacts with media representatives, develop and distribute infomiation, plan and implement information campaigns, monitor media reports, and look for opportunities to highlight the positives of our community.
4) City leaders will be available for interviews, respond promptly to requests for information in order to facilitate effective communication with citizens and to ensure that news reports are timely and accurate.
5) The Mayor, Councilrnembers, City Manager, and department heads shall make major announcements and respond to questions when the ISSUES or policies are controversial or sensitive.
6) Community Relations and Public Information staff will help the media gain access to elected officials, employees, andpublic records.
7) The City Manager shall develop and maintain an administrative directive to guide City of Stockton communications.

Responsibillties
Mayor, Councilmembers, City Manager, and Departtnent Heads:
* Make major announcements.
* Respond to questions regarding controversial or sensitive issues or policies.

RelevantAuthority
Stockton City Charter, Article In, Powers of the City
Stockton City Charter, Article XI-A, Public Information Office Gov. Code, § 54950, the Ralph M Brown Act

ATTACHMENT B
213
EXHIBIT 1
RelatedAdministrative Directive, CityPolicy, CityProcedure Citywide Policies and Procedures, Chapter 13 - Communication RelatedForms, Documents, orLlnk,s
None applicable.

FrequentlyAskedQuestions orComments
The examples provided in Responsibilities, Relevant Authority, and Related Administrative Directive sections of the Council Policies are intended to be illustrative and not exhaustiye.

Update History
9/29/98 - Adopted by Resolution No. 98-0409
1/26/16 - Amended by Resolution No. 2016-01-26-1203

ATTACHMENT B
214
EXHIBIT 1
CHAPTER 2.06: CITY COUNCIL COMMUNICATION GUIDELINES
POLICY 2.06.020: USE OF CITY AND COUNCIL LEnERHEAD
Erky
"City letterhead" and/or "City Resources" (i.e., staff support, postage, etc.), may only be used to communicate the official policy, position, or actions of the City or City Council, not individual Councilmember positions or opinions. City letterhead means letterhead which include the official city logo, the location and contact information for City Hall, contains the heading "Office of the City Council" and a listing of the current councilmembers (Exhibit l), Not withstanding the above, the City Couricil is allowed to communicate using city letterhead for official city business with a copy to the City Council. No Councilmember may use the City letterhead for the purpose of press release, news release, or communications with the media.

City letterhead shall not be altered by a Councilmember. City letterhead shall include the following, and shall be maintained by the City Manager:

1. City Logo

2. "Office of the City Council"

3. The address/location of the governing body - City Hall

4. Names of the elected members of the Stockton City Council Couricilmembers may use "Council letterhead" (Exhibit 2) for any purpose including but not limited to responding to inquires or communicating their personal opinions, support for, or responses to constituents, other non-constituent individuals, or organizations. Council letterhead contains the heading "Office of Councilmember [xxx ], District [# ]" or any letterhead created for a councilmember which identifies the councilmember as a city representative but may not include use of the official city logo. When a councilmember utilizes Council letterhead as described in this policy, the councilmember shall include the following disclaimer:
"This communicatxon does not reflect the policies or optmon ofthe C'dy of StocJcton or the Stocktotq Ciffl Council."
Council letterhead shall not be altered by a Councilmember. Council letterhead shall include the following, and shall be maintained by the City Manager:

1. "OfficeofCouncilmember[xxxl,District[#]"

2. The address/location of the goveniing body - City Hall

ATTACHMENT B
215
EXHIBIT 1
Responsibilities
Mayor, Councilmetnbers, City Manager, City Attorney, and City Clerk:
* Monitor and enforce the intention of the policy as outlined.

Enforcement
Stockton City Council Policy Chapter 4.08 Council Censure RelevantAuthOrit)f
Stockton City Charter, Article In, Powers of the City
Stoc)ctori City Charter, Article XI-A, Public Information Office Gov. Code, § 54950, the Ralph M Brown Act
RelatedAdministrative Directive, CityPolicy, CttyProcedure CityHide Policies and Procedures, Chapter 13 - Communication RelatedForms, Documents, orLinks
Exhibit 1- SAMPLE City Letterhead
Exhibit 2 - SAMPLE Council Letterhead
FrequentlyAsked Questions or Comments
The examples provided in Responsibilities, Relevant Authority, and Related Administative Directive sections of the Council Policies are intended to be illustrative and not exhaustiye.

Update History
Draft Prepared April 2024, pending Council approval in June 2024

ATTACHMENT B
216

KEVIN LINCOLN II
Mayor

KIMBERLY WARMSLEY
Vlce Mayot
Disfrid 6
EXHIBIT 1

MICHELE PADILLA
District 1

DANWRIGHT
District 2

MICHAEL BLOWER
District 3
CI TY OF STOC KTO N SuSAN LENZ
District 4

OFFICE OF THE CITY COUNCIL
CITY HALL a 425 N. EI Dorado Street a Stockton, CA 952 €)2-at 997 209/937-8244 a Fax209/937-7149
BRANDO VILLAPUDuA
Dis(rict 5

ATTACHMENT B
217
EXHIBIT 1
OFFICE OF COUNCILMEMBER [xxx ]
DISTRICT [# ]

CITY OF STOCKTON
CITY HALL a 425 N. EI Dorado Street a Stockton, CA 95202-1997 209/937-8244 a Fax209/937-7149
"This commuriication does not reflect the policies or opinion of the City of Stockton or the Stockton City Council."

ATTACHMENT B
218

ATTACHMENT C
CHAPTER 2.06: CITY COUNCIL COMMUNICATION GUIDELINES
POLICY 2.06.020: USE OF CITY AND COUNCIL LETTERHEAD
Policy
"City letterhead" and/or 1'City Resources" (i.e., staff support, postage, etc.), may only be used to communicate the official policy, position, or actions of the City or City Council, not individual Councilmember positions or opinions. City letterhead means letterhead which includes the official city logo, the location and contact information for City Hall, contains the heading 1'0ffice of the City Council" and a listing of the current councilmembers (Exhibit 1), Notwithstanding the above, the City Council is allowed to communicate using city letterhead for official city business with a copy to the City Council. No Councilmember may use the City letterhead for the purpose of press releases, news releases, or communications with the media.

City letterhead shall not be altered by a Councilmember. City letterhead shall include the following, and shall be maintained by the City Manager:

1. City Logo

2. "Office of the City Council''

3. The address/location of the governing body - City Hall

4. Names of the elected members of the Stockton City Council Councilmembers may use "Council letterhead'' (Exhibit 2) for any purpose, including but not limited to responding to inquiries or communicating their personal opinions, support for, or responses to constituents, other non-constituent individuals, or organizations.

Council letterhead contains the heading "Office of Councilmember [ xxx ], District [ # ]" or any letterhead created for a councilmember which identifies the councilmember as a city representative but may not include use of the official city logo. When a councilmember utilizes Council letterhead as described in this policy, the councilmember shall include the following disclaimer:
"This communication does not reflect the policies or opinion of the City of Stockton or the Stockton City Council."
Council letterhead shall not be altered by a Councilmember. Council letterhead shall include the following, and shall be maintained by the City Manager:

1. City Logo

2. "Office of Councilmember [ xxx ], District [ # ]"

3. The address/location of the governing body -City Hall 219

ATTACHMENT C
Responsibilities
Mayor, Councilmembers, City Manager, City Attorney, and City Clerk:
 Monitor and enforce the intention of the policy as outlined.

Enforcement
Stockton City Council Policy Chapter 4.08 Council Censure Relevant Authority
Stockton City Charter, Article III, Powers of the City
Stockton City Charter, Article XI-A, Public Information Office Gov. Code, § 54950, the Ralph M Brown Act
Related Administrative Directive, City Policy, City Procedure Citywide Policies and Procedures, Chapter 13 – Communication Related Forms, Documents. or Links
Exhibit 1- SAMPLE City Letterhead
Exhibit 2 - SAMPLE Council Letterhead
Frequently Asked Questions or Comments
The examples provided in Responsibilities, Relevant Authority, and Related Administrative Directive sections of the Council Policies are intended to be illustrative and not exhaustive.

Update History
Draft Prepared April 2024, pending Council approval in June 2024 220

ATTACHMENT C

OFFICE OF CITY COUNCIL
City Hall  425 N. El Dorado Street  Stockton, CA 95202-1997 209 / 937-8244  Fax 209 / 937-7149  www.stocktonca.gov XXXXX
Mayor
XXXXX
Vice Mayor
District X
XXXXX
District X
XXXXX
District X
XXXXX
District X
XXXXX
District X
XXXXX
District X
EXHIBIT 1
221
OFFICE OF COUNCILMEMBER [ xxx ]
DISTRICT [ #]

CITY OF STOCKTON
CITY HALL• 425 N. El Dorado Street • Stockton, CA 95202-1997 209 / 937-8244 • Fax 209 / 937-7149
"This communication does not reflect the policies or opinion of the City of Stockton or the Stockton City Council."

ATTACHMENT C
EXHIBIT 2
222

OFFICE OF COUNCILMEMBER (XXX)
DISTRICT (#)
City Hall  425 N. El Dorado Street  Stockton, CA 95202-1997 209 / 937-8244  Fax 209 / 937-7149  www.stocktonca.gov

ATTACHMENT C
EXHIBIT 2
223
Resolution No.

STOCKTON CITY COUNCIL
RESOLUTION ADOPTING COUNCIL POLICY MANUAL CHAPTER 2.06.020 – USE

OF CITY AND COUNCIL LETTERHEAD
Chapter 2.06.020 of the Council Policy Manual addresses the use of City and Council Letterhead; and
On February 3, 2025, the Council Legislation/Environmental Committee reviewed and discussed revisions to Chapter 2.06.020 and directed staff to make the following changes:
 Remove “but may not include use of the official city logo”  Under Council letterhead shall include the following, add “1. City Logo” On March 24, 2025, these changes were presented to the Council Legislation/Environmental Committee and a recommendation was forwarded to Council; and
Staff was directed to forward the policy with the Committee’s recommendation to the City Council for consideration; now, therefore,

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

1. The City Council hereby adopts Council Policy Manual Chapter 2.06.020 attached hereto as Exhibit 1 and incorporated by this reference.

2. The City Manager is hereby authorized to take appropriate and necessary actions 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
224
EXHIBIT 1
CHAPTER 2.06: CITY COUNCIL COMMUNICATION GUIDELINES
POLICY 2.06.020: USE OF CITY AND COUNCIL LETTERHEAD
Policy
"City letterhead" and/or 1'City Resources" (i.e., staff support, postage, etc.), may only be used to communicate the official policy, position, or actions of the City or City Council, not individual Councilmember positions or opinions. City letterhead means letterhead which includes the official city logo, the location and contact information for City Hall, contains the heading 1'0ffice of the City Council" and a listing of the current councilmembers (Exhibit 1), Notwithstanding the above, the City Council is allowed to communicate using city letterhead for official city business with a copy to the City Council. No Councilmember may use the City letterhead for the purpose of press releases, news releases, or communications with the media.

City letterhead shall not be altered by a Councilmember. City letterhead shall include the following, and shall be maintained by the City Manager:

1. City Logo

2. "Office of the City Council''

3. The address/location of the governing body - City Hall

4. Names of the elected members of the Stockton City Council Councilmembers may use "Council letterhead'' (Exhibit 2) for any purpose, including but not limited to responding to inquiries or communicating their personal opinions, support for, or responses to constituents, other non-constituent individuals, or organizations.

Council letterhead contains the heading "Office of Councilmember [ xxx ], District [ # ]" or any letterhead created for a councilmember which identifies the councilmember as a city.

When a councilmember utilizes Council letterhead as described in this policy, the councilmember shall include the following disclaimer:
"This communication does not reflect the policies or opinion of the City of Stockton or the Stockton City Council."
Council letterhead shall not be altered by a Councilmember. Council letterhead shall include the following, and shall be maintained by the City Manager:

1. City Logo

2. "Office of Councilmember [ xxx ], District [ # ]"

3. The address/location of the governing body -City Hall 225
EXHIBIT 1
Responsibilities
Mayor, Councilmembers, City Manager, City Attorney, and City Clerk:
 Monitor and enforce the intention of the policy as outlined.

Enforcement
Stockton City Council Policy Chapter 4.08 Council Censure Relevant Authority
Stockton City Charter, Article III, Powers of the City
Stockton City Charter, Article XI-A, Public Information Office Government Code, section 54950, the Ralph M Brown Act
Related Administrative Directive, City Policy, City Procedure Citywide Policies and Procedures, Chapter 13 – Communication Related Forms, Documents. or Links
Exhibit 1- SAMPLE City Letterhead
Exhibit 2 - SAMPLE Council Letterhead
Frequently Asked Questions or Comments
The examples provided in Responsibilities, Relevant Authority, and Related Administrative Directive sections of the Council Policies are intended to be illustrative and not exhaustive.

Update History
Draft Prepared April 2024, pending Council approval in June 2024 226
EXHIBIT 1

OFFICE OF CITY COUNCIL
City Hall  425 N. El Dorado Street  Stockton, CA 95202-1997 209 / 937-8244  Fax 209 / 937-7149  www.stocktongov.com XXXXX
Mayor
XXXXX
Vice Mayor
District X
XXXXX
District X
XXXXX
District X
XXXXX
District X
XXXXX
District X
XXXXX
District X
227
EXHIBIT 1

OFFICE OF COUNCILMEMBER (XXX)
DISTRICT (#)
City Hall  425 N. El Dorado Street  Stockton, CA 95202-1997 209 / 937-8244  Fax 209 / 937-7149  www.stocktongov.com 228
City of Stockton
Legislation Text
File #: 25-0499, Version: 1
FOURTH AMENDMENT TO THE 2025 CITY COUNCIL/SUCCESSOR AGENCY/STOCKTON

PUBLIC FINANCING AUTHORITY/STOCKTON PARKING AUTHORITY MEETING CALENDAR

RECOMMENDATION
It is recommended that the City Council, Successor Agency, Stockton Public Financing Authority, and Stockton Parking Authority adopt by motion the revised 2025 Concurrent City Council/Successor Agency/Stockton Public Financing Authority/Stockton Parking Authority Meeting Calendar.

Summary
The fourth amendment to the 2025 meeting calendar is being proposed to add an additional City Council meeting on July 29, 2025, and replace the scheduled City Council Meetings on June 24, 2025, with June 17, 2025, and August 19, 2025, with August 12, 2025.

DISCUSSION
Background
By Motion 2024-11-19-1216, the Stockton City Council approved the 2025 Concurrent City Council/Successor Agency/Stockton Public Financing Authority/Stockton Parking Authority Meeting Calendar. After its approval, staff were informed of a scheduling conflict regarding the January 28, 2025, meeting. A subsequent calendar amendment to address the January conflict was approved by Motion 2024-12-10-0608. The second amendment to the 2025 meeting calendar was approved in February by Motion 2025-02-04-1205 to address scheduling the Annual Strategic Planning Workshop. The third amendment to the 2025 meeting calendar, adding the April 29, 2025 meeting, was approved in April by Motion 2025-04-15-1208.

The fourth amendment to the 2025 meeting calendar is being proposed to add an additional City Council meeting on July 29, 2025, and replace the scheduled City Council Meetings on June 24, 2025, with June 17, 2025, and August 19, 2025, with August 12, 2025.

FINANCIAL SUMMARY
The direct financial impact is approximately $13,000 to the City of Stockton with this action. There are sufficient funds in the Non-Departmental Special Services account to cover the additional costs.

Attachment A - 2025 Stockton City Council Meeting Calendar (4th Amendment) City of Stockton Page 1 of 1 Printed on 5/8/2025
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FOURTH REVISED 2025 STOCKTON CITY COUNCIL
MEETING CALENDAR*
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DRAFT

ATTACHMENT A
230
City of Stockton
Legislation Text
File #: 25-0516, Version: 1
RATIFYING THE SAN JOAQUIN COUNCIL OF GOVERNMENTS’ ANNUAL FINANCIAL PLAN FOR FISCAL YEAR 2025-26

RECOMMENDATION
It is recommended that City Council approve a motion to ratify the San Joaquin Council of Governments’ Annual Financial Plan for Fiscal Year 2025-26.

Summary
The San Joaquin Council of Governments (SJCOG) requests ratification of its Annual Financial Plan (AFP) for Fiscal Year (FY) 2025-26. The SJCOG Joint Powers Agreement requires the AFP to be ratified by a majority of the eight-member governments, of which the City of Stockton is a member.

The AFP implements the SJCOG FY 2025-26 Overall Work Program, which includes ongoing and new projects and services.

There are no General Fund or unrestricted funds appropriated directly for SJCOG operations.

DISCUSSION
Background
The SJCOG is a joint-powers authority comprised of the City of Stockton, San Joaquin County, Lodi, Manteca, Tracy, Ripon, Escalon, Lathrop and Mountain House. In addition, the Port of Stockton, San Joaquin Regional Transit District, and Caltrans District 10 are ex-officio members. The City of Stockton is represented by three of the twelve members of the SJCOG Board of Directors by appointees from City Council. Currently, members of the board are Mayor Fugazi, Councilmember Enríquez, and Councilmember Ponce, and Councilmember Padilla as alternate member.

The SJCOG adopted the Annual Plan for FY 2025-26 on March 27, 2025, with their resolution R2025-24. The SJCOG joint-powers agreement requires that a majority of the member governments ratify SJCOG’s budget each year, prior to June 30.

Present Situation
Attached is a request for ratification of the SJCOG Annual Financial Plan (Attachment A). The Annual Financial Plan implements the FY 2025-26 Overall Work Program (OWP) that was also adopted by the SJCOG Board on March 27, 2025.

The attached excerpt of the Annual Financial Plan (AFP) provides a summary of revenues and expenditures by cost category and line item comparing the approved FY 2025-26 budgets with the City of Stockton Page 1 of 2 Printed on 5/8/2025
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File #: 25-0516, Version: 1
current year (FY 2024-25) adopted budget, as most recently amended, along with the FY 2023-24 actual expenditures. Revenues and expenditures total $55,267,077.00, representing a 9.09 percent decrease from the previous fiscal year.

FINANCIAL SUMMARY
The operations and projects of the SJCOG are funded through local sales tax, state and federal grants, special assignments and fees. The City of Stockton may participate in funding specific infrastructure projects in cooperation with the San Joaquin Council of Governments; however, no General Fund or unrestricted funds are appropriated directly for SJCOG operations.

Attachment A - SJCOG FY 2025-26 Annual Financial Plan
City of Stockton Page 2 of 2 Printed on 5/8/2025
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SAN JOAQUIN COUNCIL OF GOVERNMENTS
555 E. Weber Avenue  Stockton, California 95202  P 209.235.0600  F 209.235.0438  www.sjcog.org Paul Akinjo
CHAIR
Christina Fugazi

VICE CHAIR
Diane Nguyen

EXECUTIVE DIRECTOR
Member Agencies

CITIES OF

ESCALON,

LATHROP,
LODI,

MANTECA,

MOUNTAIN HOUSE,
RIPON,

STOCKTON,
TRACY,
and

THE COUNTY OF SAN

JOAQUIN
March 31, 2025
Steve Colangelo
City of Stockton
425 N. El Dorado
Stockton, CA 95202
Dear Mr. Colangelo:

On March 27, 2025 the SJCOG Board adopted the Annual Financial Plan for FY 2025-26.

Attached is the board staff report as well as a copy of the adopting resolution. Pursuant to SJCOG's Joint Powers Agreement, following adoption of the budget by the SJCOG Board, it is to be delivered to member agencies for ratification by each governing body. Approval by a majority of the governing bodies representing 55% or more of the county's population is considered ratification.

Therefore, SJCOG requests you place SJCOG's Annual Financial Plan for FY 2025-26 on a forthcoming consent agenda prior to June 30, 2025, for ratification.

The Annual Financial Plan implements the FY 2025-26 Overall Work Program (OWP) that was also adopted by the SJCOG Board on March 27, 2025.

The attached excerpt of the Annual Financial Plan (AFP) provides a summary of revenues and expenditures by cost category and line item comparing the approved FY 2025-26 budgets with the current year (FY 2024-25) adopted budget, as most recently amended, along with FY 2023-24 actual expenditures. Revenues and expenditures total $55,267,077.00. The approved AFP represents the general fund budget for SJCOG. The revenues and expenditures in the AFP are the same as the Overall Work Program (OWP), however, presented in a traditional line-item format compared to the work element format of the OWP.

Readers should note several differences between SJCOG and its member agencies’ budgets:
 SJCOG revenue sources are quite different from our member agencies.  SJCOG employs staff on an at-will basis, vis-à-vis civil service and has its own employee handbook and policies.
 SJCOG has its own Financial and Accounting Policy guiding our financial matters including procurement procedures.
 SJCOG employees are exempted from Social Security except for Medicare.  As noted below, SJCOG offers a defined contribution retirement plan to its employees.

SJCOG has no CalPERS or post employments benefit obligations except limited sick leave conversion as noted.

The following assumptions are incorporated in the budget:

1. Work will not begin, and expenses will not be incurred unless anticipated revenue sources are secured.

2. The AFP anticipates SJCOG to be fully staffed. The budget includes a 7.5 % pool that can be drawn upon for merit-based increases and potential promotions. The full impact of that pool is incorporated into the salary-driven benefits (retirement, Medicare, disability).

3. SJCOG has no significant liability exposure for post-employment benefits. a. The employee retirement program is a defined contribution program managed by the International City Managers Association Retirement Program (Mission Square Retirement).
b. SJCOG employee vacation accruals are capped at two times the individual’s annual leave.
c. Upon separation with 50 years of age or 20 years of SJCOG employment, an employee can convert accrued sick leave hours to be deposited into a Retirement Health Savings Account to pay for health-related expenses. The conversion is based upon the employee’s salary at retirement.
initiative. We look forward to witnessing the positive outcomes and benefits that the RTD and UCP Vehicle Replacement Project will bring to our communityIf Docusign Envelope ID: 90608D83-A233-4A5C-BF2B-F57B370F46B2

ATTACHMENT A
1 233
SJCOG staff would be pleased to appear before your policymakers to answer any questions they might have regarding this matter. We request ratification prior to June 30, 2025.

Please let me know when this will be on your agenda. If you have any questions regarding this matter, don't hesitate to contact me at (209) 235-0454.

Thank you for your assistance.

Sincerely,

GRACE OROSCO
Interim Deputy Director of Finance & Administration
Attachments:

FY 2025-26 Annual Financial Plan Board Summary
FY 2025-26 Annual Financial Plan Staff Report
R-2025-24
Docusign Envelope ID: 90608D83-A233-4A5C-BF2B-F57B370F46B2 ATTACHMENT A 2
234
Councilmember Jeremy Engle City of Escalon
Councilmember Lisa Craig City of Lodi
Mayor Gary Singh City of Manteca
Mayor Andy Su City of Mountain House
Councilmember Leo Zuber City of Ripon
Councilmember Mario Enriquez City of Stockton
Councilmember Mariela Ponce City of Stockton
Mayor Dan Arriola City of Tracy
Supervisor Sonny Dhaliwal County of San Joaquin
Supervisor Steven Ding County of San Joaquin
Supervisor Robert Rickman County of San Joaquin
Grace Magsayo, Director Caltrans District 10
Gary Giovanetti, Vice Chair San Joaquin Regional Transit District William R. Trezza, Vice Chair Port of Stockton
Mayor Paul Akinjo, City of Lathrop
San Joaquin Council of Governments

ANNUAL FINANCIAL PLAN
Fiscal Year 2024/25
CHAIR
Proposed Final March 27, 2025
Grace Orosco
Interim Deputy Director of Finance and Administration

VICE-CHAIR
Mayor Christina Fugazi, City of Stockton

BOARD OF DIRECTORS

EX OFFICIO DIRECTORS
SUBMITTED BY:

Diane Nguyen
Executive Director

ATTACHMENT A
3 235
FY 2023-24 FY 2024-25 FY 2025-26 +/- +/-
REVENUES Actual Amendment #4 Proposed Final Change % Change Federal Grants 3,849,138 31,308,903 30,187,954 (1,120,949) -3.58% State Grants 5,307,886 21,242,553 15,686,997 (5,555,556) -26.15% Local 6,741,738 8,163,438 9,292,126 1,128,688 13.83%
Interest 113,574 20,000 40,000 20,000 100.00%Other 56,140 60,000 60,000 - 0.00% SJCOG OPERATING REVENUE 16,068,475 60,794,894 55,267,077 (5,527,817) -9.09%

EXPENDITURES
Salaries & Benefits 5,681,144 6,944,063 7,137,261 193,198 2.78% Services & Supplies 1,418,632 1,572,500 1,666,500 94,000 5.98% Office Expense 303,491 367,000 367,000 - 0.00%
Communications 60,225 60,000 60,000 - 0.00%
Memberships 41,733 45,000 45,000 - 0.00%
Maintenance - Equipment 5,413 10,000 10,000 - 0.00%
Rents & Leases - Equipment 66,642 131,000 131,000 - 0.00% Transportation,Travel & Training (In & Out of State) 205,943 223,000 233,000 10,000 4.48% Publications & Legal Notices 7,102 7,500 7,500 - 0.00%
Insurance 257,549 258,000 278,000 20,000 7.75%
Building Operations & Maintenance 337,156 271,000 335,000 64,000 23.62% SJCOG Building Debt Service Principal and Interest 133,377 200,000 200,000 - 0.00% Professional Services 8,465,101 50,997,831 45,412,816 (5,585,015) -10.95% Professional Services(Staff Augmentation) 86,870 900,000 600,000 (300,000) -33.33% Capital Outlay 465,846 380,500 450,500 70,000 18.40%
Unallocated/Reserve
SJCOG OPERATING EXPENDITURES 60,794,894 16,117,592.19 55,267,077 (5,527,817) -9.09% San Joaquin Council of Governments

ANNUAL FINANCIAL PLAN
Fiscal Year 2025/2026
Proposed Final March 27, 2025

ATTACHMENT
A
4 236
March 2025
SJCOG Board

STAFF REPORT
SUBJECT: FY 2025-2026 Proposed Annual
Financial Plan (AFP)
RECOMMENDED ACTION: Adopt Resolution 2025-24 Approving
the FY 2025-2026 Annual Financial Plan
The attached proposed Annual Financial Plan (AFP) provides a detail of revenues and expenditures by cost category and line item. The proposal compares the FY 2025-2026 budget with the most recently adopted FY 2024-2025 AFP. In addition, it compares the proposal to the FY 2023-2024 actual expenditures. The total revenues and expenditures amount to $55,267,077. The proposed AFP represents the general fund budget for SJCOG. The revenues and expenditures in the AFP are the same as the Overall Work Program (OWP), however, presented in a traditional line-item format compared to the work element format of the OWP.

Below is a summary of revenues and expenditures in the AFP. For details on each of those categories please refer to the attachment.

Readers should note several differences between SJCOG and its member agencies’ budgets:
• SJCOG revenue sources are quite different from our member agencies. • SJCOG employs staff on an at-will basis, vis-à-vis civil service and has its own employee handbook and policies.
• SJCOG has its own Financial and Accounting Policy guiding our financial matters including procurement procedures.
• SJCOG employees are exempted from Social Security except for Medicare. • As noted below, SJCOG offers a defined contribution retirement plan to its employees. SJCOG has no CalPERS or other post employments benefit obligations except limited sick leave conversion as noted.

Upon adoption by the board, pursuant to the SJCOG Joint Powers Agreement, the AFP will be sent to the member agencies for ratification. Ratification is achieved when a majority of the member agencies representing 55% of the county population approve the AFP.

The following assumptions are incorporated in the budget:

1. Work will not begin, and expenses will not be incurred unless anticipated revenue sources are secured.

2. The budget includes a longevity incentive program to attract and maintain an experienced and knowledgeable workforce. In addition, long-term staff can reach

ATTACHMENT A
5 237
their maximum salary and only receive cost of living adjustments annually. The incentive is structured to recognize and reward the length of staff’s tenure. The longevity pay targets will be 10, 15 and 20 years (of continuous service), with an increase in base salary of 1%, 2% and 3% respectively. Currently, this benefit will apply to ten (10) noncontract employees and the estimated financial impact for FY 2025-2026 is $34,815.00. This longevity pay does not apply to the contract position of the Executive Director.

3. The budget includes a pool equaling 7.5% of current salaries that can be drawn upon for merit-based increases and potential promotions. The full impact of that pool is incorporated into the salary-driven benefits (retirement, Medicare, disability).

4. SJCOG has no significant liability exposure for post-employment benefits. a. The employee retirement program is a defined contribution program managed by Mission Square Retirement, formerly the International City Managers Association Retirement Program.
b. SJCOG employee vacation accruals are capped at two times the individual’s annual leave.
c. Upon separation, an employee can convert accrued sick leave hours to be deposited into a Retirement Health Savings Account to pay for healthrelated expenses, with the qualification of being 50 years of age or 20 years of SJCOG employment. The conversion is based upon the employee’s salary at retirement and alleviates SJCOG of any further liability.

REVENUES
Compared to the current year amended AFP, SJCOG general fund operating revenues are proposed to decrease from $60,794,894 to $55,267,077, a decrease of $5,527,817 Federal funding for general fund
activities is $30,187,954 which is 3.58%
lower than FY 2024-2025 primarily due
to the consumption of FTA 5304 pass
through funds and drawdown of
Congestion Management Air Quality
grant
State funding sources are budgeted at $15,686,997 or 26.15% lower primarily due to:
• $1,890,378 drawdown on REAP 2.0
• Consumption of $2,424,106 from the state grant for Sustainable Transportation Equity Project (STEP).
• $515,207 drawdown on Regional Climate Collaborative grant. • $1,119,158 drawdown on prior year’s Freeway Service Patrol funding.

ATTACHMENT A
6 238
• $1,067,489 is available for FY 2025-2026 future years of Freeway Service Patrol funding.
• $468,637 drawdown has occurred on three years of Senate Bill 1 (SB1) Sustainable Transportation Planning Grants offset by a FY 2025-2026 allocation of $353,501.

Local revenues are primarily higher by $1,128,688 or 13.83% due to the annual allocation of Measure K for dibs program.

EXPENDITURES
Salaries and Benefits are anticipated to increase by $193,198 or 2.78%.

The budget will increase from $6,944,063 to $7,137,261 compared to the FY 2024-2025 amended budget. It includes $34,815 for longevity pay and $319,630 or 7.5% of total salaries pool for merit-based raises. The salary-driven benefits adjust accordingly.

Services and Supplies are proposed to increase by $84,000.

Liability insurance is increasing by $20,000 due to increased premiums. Building maintenance is increasing by $64,000 due to increased utilities, inclusion of the 3rd floor, security upgrades, and vandalism repairs.

Transportation, Travel, and Training increase by $10,000.

With several new board members and new employees, more training expenses are expected. This budget has increased by $10,000 up from $223,000 to $233,000. This will help to support such activities to represent SJCOG at regional, state, and national conferences and events where SJCOG is a member such as California Councils of Governments, San Joaquin Valley Policy Council, and the Self Help Coalition..

Professional Services and Staff Augmentation will decrease by $5,885,015 from FY 2024-2025 $51,897,831 to $46,012,816.

There are consumptions of various grants and new funding sources, which directly correlate to professional services. For example, the prior years’ SB-1 Sustainable Communities grants used $475,106 and we are budgeting the new SB-1 allocation of $350,000. The I-205 Managed Lanes Widening project consumed $366,057, and we drew down on $106,355 of SB 125.The Sustainable Transportation Equity Project (STEP) consumed $2,424,106. The San Joaquin Regional Climate Collaborative used $515,207 while the Regional Early Action Plan (REAP 1.0) and (REAP 2.0) expended $1,990,986.

Position Classification and Salary Schedule
Per board policy, the salary ranges at both the minimum and maximum levels and are adjusted by the CPI change of 2.9606%.

FISCAL IMPACT
All revenues from the AFP are secured and available. The Annual Financial Plan is required to be adopted by the Board of Directors prior to April 1 each year and

ATTACHMENT A
7 239
disseminated to the member agencies for ratification. The Annual Financial Plan is the traditional line-item budget identifying estimated revenues and expenditures for the fiscal year. The Annual Financial Plan is complementary to the Overall Work Program.

RECOMMENDATION
That the Board adopt Resolution 2025-24 approving the FY 2025-2026 Annual Financial Plan.

Prepared by: Grace Orosco, Interim Deputy Director of Finance & Administration, and Lynnetta Castle, Interim Manager of Finance

ATTACHMENT A
8 240
Mayor Akinjo, Lathrop
Mayor Arriola, Lathrop; Councilmember Craig, Lodi; Supervisor Dhaliwal, SJ County Supervisor Ding, SJ County; Councilmember Engle, Escalon; Mayor Fugazi, Stockton; Councilmember Enriquez, Stockton; Councilmember Ponce, Stockton; Supervisor Rickman, SJ County; Mayor Singh, Manteca; Mayor Su, Mountain House; Councilmember Zuber, Ripon

ATTACHMENT A
9 241
City of Stockton
Legislation Text
File #: 25-0227, Version: 1

APPROVE MOTION TO AWARD A SERVICE AGREEMENT FOR ON-CALL PROFESSIONAL LAND SURVEYOR SERVICES, PROJECT NO. PUR-25-023

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

1. Award a three-year Professional Service Agreement in the amount not to exceed $200,000 to Alexander & Associates, Inc. of Pleasanton, California, for On-Call Professional Land Surveyor Services, Project No. PUR-25-023;

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

3. Authorize the City Manager to take appropriate and necessary actions to carry out the purpose and intent of this motion.

Summary
Community Development processes applications for final subdivision maps, parcel maps, lot line adjustments, lot mergers, abandonments, and dedications. These applications involve the review of legal descriptions and plat maps for properties and easements that eventually end up on a legal property deed. Under the Rule of the State Board for Professional Engineers and Land Surveyors, Section 404.2, this information must be reviewed and signed off by a professional licensed land surveyor. The City does not have a licensed land surveyor on staff as required and instead has utilized a professional service agreement for on-call land surveyor services.

On January 30, 2025, the City advertised a Request for Proposals (RFP) for On-Call Professional Land Surveyor Services, Project No. PUR-25-023. Six firms submitted proposals for this project. The Selection Committee evaluated the proposals and found Alexander & Associates, Inc. of Pleasanton, California, to be the most qualified and highest ranked firm.

It is recommended that Council approve a motion authorizing the City Manager to execute a threeyear Service Agreement in the not to exceed amount of $200,000 with Alexander & Associates, Inc.

Contracted services will begin July 1, 2025, and continue through June 30, 2028, with the option of one (1) two-year extension. The contract will be funded by the Community Development Department’s Operating Budget.

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DISCUSSION
Background
The Community Development Department (CDD) processes applications for final subdivision maps, parcel maps, lot line adjustments, lot mergers, abandonments, and dedications. These applications involve the review of legal descriptions and plat maps for properties and easements that eventually end up on a legal property deed. Under the Rule of the State Board for Professional Engineers and Land Surveyors, Section 404.2, this information must be reviewed and signed off by a professional licensed land surveyor. The City does not have a licensed land surveyor on staff as required and instead has utilized a professional service agreement for on-call land surveyor services.

Following an RFP process in 2017, the City retained Alexander and Associates, Inc. to provide oncall professional land surveyor services. The initial Agreement was executed under the City Manager’s authority and set to expire June 30, 2020. In April 2020, City Council approved Amendment No. 1 to the agreement to allow a two-year extension and additional compensation in the amount of $70,000. Under administrative authority, the City Manager executed Amendments No. 2 and No. 3. The agreement with Alexander and Associates, Inc. was ultimately amended three times for a total not-to-exceed amount of $240,000 and is set to expire June 30, 2025.

Present Situation
On January 30, 2025, the City advertised an RFP for On-Call Professional Land Surveyor, Project No. PUR-25-023. On March 13, 2025, six proposals were received from the following firms:
· Alexander & Associates, Inc. (Pleasanton, CA)
· Baumbach & Piazza, Inc. (Lodi, CA)
· Dudek (Sacramento, CA)
· R.E.Y. Engineers, Inc. (Folsom, CA)
· Ridgeline Engineering (Stockton, CA)
· Sandis (Modesto, CA)
A Selection Committee evaluated and ranked all proposals based on each firm’s experience, quality of work, qualifications of staff, communication, and cost. Alexander & Associates, Inc. of Pleasanton, CA received the highest ranking based on the noted criteria and was determined to be the most qualified firm for this project. Compensation will be on a time and materials basis, not exceeding 40 percent of the plan checking fee (per permit) collected by the City.

Staff recommends Council approve a motion to award a three-year Service Agreement with a not to exceed amount of $200,000 to Alexander & Associates, Inc. for On-Call Professional Land Surveyor Services, Project No. PUR-25-023. Contracted services will begin July 1, 2025, and expire June 30, 2028, with the option of one (1) two-year extension.

Findings
Pursuant to Stockton Municipal Code (SMC) Section 3.68.070, the Council may approve findings that support an exception to the competitive bidding process. These findings support such an exception:

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1. The City does not have a licensed land surveyor on staff as required by the California Board to perform the professional land surveying work. Alexander and Associates, Inc. has demonstrated the capacity and capability to assist the City in meeting this requirement.

2. Use of the RFP process is appropriate for this Service Agreement 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 licensed land surveyor that will provide the highest quality professional service, which is in the public interest.

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

FINANCIAL SUMMARY
Pending adoption of the FY 2025-26 Annual Budget, funds will be available in the 220 Development Services Fund, Planning and Engineering Division (5520) Operational Budget for $67,000. The remaining $133,000 is expected to appropriated and funded from the same account according to the schedule below in FY 2026-27 and FY 2027-28.

FY 2025-26: $67,000
FY 2026-27: $67,000
FY 2027-28: $66,000
TOTAL $200,000
There is no impact to the City’s General Fund or any other unrestricted fund as a result of taking the recommended action.

Attachment A - Agreement with Alexander & Associates, Inc.

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CITY OF STOCKTON
STANDARD AGREEMENT Agreement Number:

1. This Agreement is entered into between the City of Stockton ("City") and Alexander and Associates, Inc. ("Contractor") to provide On-call Professional Land Surveyor Services as set forth in Exhibit A to this Agreement.

2. The term of this Agreement is as follows, unless amended as described in Exhibit A and Exhibit C section 8:

Commences on: Terminates on: June 30, 2028

3. The maximum not to exceed amount to be paid to Contractor for the term of this Agreement, including if authorized, reimbursement of expenses, is: $1200,000 I

4. The complete Agreement consists of all the following Agreement documents which by reference are incorporated and made a part of this Agreement. The parties agree to comply with the terms and conditions of this Agreement.
(a) Exhibit A - Statement of Work
(b) Exhibit B - Insurance
(c) Exhibit C - General Terms & Conditions
{d) Exhibit D - Professional Services Special Terms & Conditions (e) Exhibit E - Compensation Schedule
(f) Exhibit F - Timeline
(g) Exhibit G - Special Funding Terms & Conditions (If applicable check box)YES D IN WITNESS WHEREOF, the authorized parties have executed this Agreement.

CONTRACTOR
Alexander and Associates Inc.
's Name (if e whether a corporation, partnership, etc.):

Darryl Alexander, President
Printed Name and Title of Person Signing
147 Old Bernal Ave., Ste. 10, Pleasanton, CA 94566
Address

CITY OF STOCKTON
Steve Colangelo, Interim City Manager
ATTEST:

Katherine Roland, CMC, CPMC, City Clerk
APPROVED AS TO FORM:

Lori M. Asuncion, City Attorney
BY:
(Rev. 02.13.25)
1 -�2,�
Date
Date
July 1, 2025

ATTACHMENT A
245
1 (Rev. 10.30.18)

EXHIBIT A

STATEMENT OF WORK

1. Project Objectives
To provide on-call professional land surveyor services related to technical reviews of applications received by the City.

2. Project Scope
The general scope of work includes but is not limited to providing technical review of maps, plans, legal descriptions, closure calculations, and support documentation for parcel maps, lot line adjustments, lot mergers, easement dedications, easement abandonments, and Certificates of Correction submitted to the City.

The Contractor shall have experience with the processes, procedures, ordinances, and permitting, along with local and other applicable (City, County, State, and Federal) ordinances and standards necessary to provide these services and complete the assigned projects. However, the City makes no guarantee as to the amount of work to be requested.

All reviews will be documented in a review letter format, with requested corrections specified or confirmation if technically correct. Additionally, services may entail being advisory to staff on matters pertaining to the Professional Land Surveyor’s Act, the Subdivision Map Act, and Senate Bills 9 and 450.

The Contractor is preferred not to be involved with performing work for privateparty applications that are submitted to the City for processing.

Compensation shall be paid on a time and materials basis, not to exceed 40% of the plan checking fee collected by the City of Stockton.

3. Specifications
The Contractor shall have experience with the processes, procedures, ordinances, and permitting, along with local and other applicable (City, County, State, and Federal) ordinances and standards necessary to provide these services and complete the assigned projects.

4. Major Deliverables
All reviews will be documented and transmitted to the City in a review letter format, with requested corrections specified or confirmation if the submittal is technically correct.

ATTACHMENT A
246
2 (Rev. 10.30.18)

5. Internal and External Standards and Guidelines
The Contractor shall have experience with the processes, procedures, ordinances, and permitting, along with local and other applicable (City, County, State, and Federal) ordinances and standards necessary to provide these services and complete the assigned projects.

It is preferred that the Contractor not be involved with performing work for private-party applications that are submitted to the City for processing.

6. Criteria of Acceptance for Deliverables
Consultant shall submit all deliverables to the City to be reviewed for consistency and expediency.

7. Notices
Pursuant to Exhibit C – General Terms and Conditions, Paragraph 15 – Notices, the mailing address for all required notices is as follows:

Consultant: City:

Alexander & Associates, Inc. City of Stockton
Attn: Darryl Alexander Attn: Gemma Biscocho
147 Old Bernal Ave., Ste.#10 345 N. El Dorado Street
Pleasanton, CA 94566 Stockton, CA 95202
[email protected] [email protected]

8. Key Personnel
Darryl Alexander, PLS - President
Steve Levenson, PLS – Supervising Surveyor
Brian Alexander, Senior Party Chief
Dylan Alexander, Party Chief
Rob Diestler, PE, Supervising Civil Engineer

10. Option to Renew.

The term of the Agreement is for three (3) years with a two-year option to renew.

The total term of the Agreement, including the extended term, shall not exceed five (5) years.

ATTACHMENT A
247
REV 2024-03-25
Exhibit B
Insurance Requirements
(On-Call Land Surveyor)
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 $2,000,000 per occurrence or claim, $2,000,000 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
The insurance policies are to contain, or be endorsed to contain, the following provisions:

ATTACHMENT A
248
REV 2024-03-25
Additional Insured Status
The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.

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

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

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

Waiver of Subrogation
Contractor hereby grants to City of Stockton a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any

ATTACHMENT A
249
REV 2024-03-25
endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer.

Self-Insured Retentions
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 w ith 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.

ATTACHMENT A
250
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
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

ATTACHMENT A
251
(Rev. 10.30.18; Mod 05.08.23 RM; Mod 03.27.24 RM)

EXHIBIT C

GENERAL TERMS AND CONDITIONS

1. Goods, Equipment and Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in Exhibit A of the Agreement. Contractor shall provide said services at the time, place and in the manner specified in Exhibit A of the Agreement.

2. City Assistance, Facilities, Equipment and Clerical Support. Except as set forth in Exhibit A, Contractor shall, at its sole cost and expense, furnish and maintain all facilities and equipment that may be required for furnishing services pursuant to this Agreement. If applicable, City shall furnish to Contractor only the facilities and equipment listed in Exhibit A to the Agreement.

3. Compensation. City shall pay Contractor for services rendered pursuant to this Agreement as described more particularly in Exhibit A and Exhibit E to the Agreement.

3.1 Invoices submitted by Contractor to City must contain a brief description of work performed, time spent and City reference number. Within thirty (30) days of receipt of Contractor’s invoice, City will review invoice, and if acceptable make payment on approved invoice.

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

4. Sufficiency of Contractor’s Work. All Contractor services, work, and deliverables shall be performed in a good and workmanlike manner with due diligence in accordance with the degree of skill normally exercised by similar contractors supplying services and work of a similar nature, and in conformance with applicable laws, codes and professional standards. Contractor’s work shall be adequate and sufficient to meet the purposes of this Agreement.

5. Ownership of Work. All reports, work product, all other documents completed or partially completed by Contractor or its approved subcontractors, in performance of this Agreement, and if applicable, drawings, designs, and plan review comments shall become the property of the City. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Contractor and its approved subcontractors agree 1 ATTACHMENT A
252
(Rev. 10.30.18; Mod 05.08.23 RM; Mod 03.27.24 RM)
to execute any additional documents that may be necessary to evidence such assignment. All materials shall be delivered to the City upon completion or termination of the work under this Agreement. If any materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall replace them at its own expense.

Contractor and its approved subcontractors shall keep materials confidential. Materials shall not be used for purposes other than performance of services under this Agreement and shall not be disclosed to anyone not connected with these services, unless the City provides prior written consent.

6. Timeliness. Time is of the essence in this Agreement. Further, Contractor acknowledges that the failure of Contractor to comply with the time limits described in Exhibit A and Exhibit F may result in economic or other losses to the City.

7. Changes. Both parties to this Agreement understand that it may become desirable or necessary during the term of this Agreement for City to modify the scope of services provided for under this Agreement. Any material extension or change in the scope of work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work. Until the amendment is so executed, City will not be responsible to pay any charges Contractor may incur in performing such additional services, and Contractor shall not be required to perform any such additional services.

8. Amendment. No variation of the terms of this Agreement shall be valid unless an amendment is made in writing and signed by both parties.

9. Contractor’s Status.

9. 1 In performing the obligations set forth in this Agreement, Contractor shall have the status of an independent contractor and Contractor shall not be considered to be an employee of the City for any purpose. All persons working for or under the direction of Contractor are its agents and employees and are not agents or employees of City. Contractor by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City. No agent, officer or employee of the City is to be considered an employee of the Contractor. It is understood by both Contractor and City that this Agreement shall not be construed or considered under any circumstances to create an employer-employee relationship or a joint venture.

9.2 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's 2 ATTACHMENT A
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control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. Contractor has control over the manner and means of performing the services under this Agreement. If necessary, Contractor has the responsibility for employing other persons or firms to assist Contractor in fulfilling the terms and obligations under this Agreement.

9.3 If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction, supervision and control of Contractor. All terms of employment including hours, wages, working conditions, discipline, hiring and discharging or any other term of employment or requirements of law shall be determined by the Contractor.

9.4 It is further understood and agreed that Contractor must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Contractor's assigned personnel under the terms and conditions of this Agreement.

10. Subcontractor.

10.1 Subcontractors shall not be recognized as having any direct or contractual relationship with City. Contractor shall be responsible for the work of subcontractors, which shall be subject to the provisions of this Agreement. Subcontractors will be provided with a copy of the Agreement and be bound by its terms. Contractor is responsible to City for the acts and omissions of its subcontractors and persons directly or indirectly employed by them.

10.2 If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction, supervision and control of Contractor. All terms of employment including hours, wages working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by Contractor.

10.3 It is further understood and agreed that all Subcontractors must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Subcontractors personnel.

11. Termination.

11.1 Termination for Convenience of City. The City may terminate this Agreement at any time by mailing a notice in writing to Contractor. The Agreement shall then be deemed terminated, and no further work shall be performed by Contractor. If the Agreement is so terminated, the Contractor shall be paid for the work actually completed at the time the notice of termination is received. 3 ATTACHMENT A
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11. 2 Should either party default in the performance of this Agreement or materially breach any of its provisions, the other party, at that party’s option, may terminate this Agreement by giving written notification to the other party.

11.3 Funding- Non-Appropriation. It is mutually understood between the Parties that payment to the Contractor for performance shall be dependent upon the availability of appropriations by the City Council for the purposes of this Agreement. No legal liability on the part of the City for any payment may arise under this Agreement until funds are made available and until the Contractor has received funding availability, which will be confirmed in writing. If funding for any fiscal year is reduced or deleted, or if the City loses funding for any reason, the City, in its sole discretion, shall have the option to either (a) cause this Agreement to be canceled or terminated pursuant to applicable provisions of the Agreement; or (b) offer to amend the Agreement to reflect the reduced funding for this Agreement.

12. Non-Assignability. The Contractor shall not assign, sublet, or transfer this Agreement or any interest or obligation in the Agreement without the prior written consent of the City, and then only upon such terms and conditions as City may set forth in writing. Contractor shall be solely responsible for reimbursing subcontractors.

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

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

14. Insurance. During the term of this Agreement, Contractor shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit B to this Agreement and shall otherwise comply with the other provisions of Exhibit B to this Agreement.

15. Notices. All notices herein required shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed in Exhibit A to this Agreement.

16. Conformance to Applicable Laws. Contractor shall comply with all applicable Federal, State, and Municipal laws, rules, and ordinances. Contractor shall not discriminate in the employment of persons or in the provision of services under this Agreement on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person. 4 ATTACHMENT A
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17. Licenses, Certifications and Permits. Prior to the City’s execution of this Agreement and prior to the Contractor’s engaging in any operation or activity set forth in this Agreement, Contractor shall obtain a City of Stockton business license, which must be kept in effect during the term of this Agreement. Contractor covenants that it has obtained all certificates, licenses, permits and the like required to perform the services under this Agreement. Such licenses, certificates and permits shall be maintained in full force and effect during the term of this Agreement.

18. Records and Audits. Contractor shall maintain all records regarding this Agreement and the services performed for a period of three (3) years from the date that final payment is made. At any time during normal business hours, the records shall be made available to the City to inspect and audit. To the extent Contractor renders services on a time and materials basis, Contractor shall maintain complete and accurate accounting records, in a form prescribed by City or, if not prescribed by City, in accordance with generally accepted accounting principles, such records to include, but not be limited to, payroll records, attendance cards, time sheets, and job summaries.

19. Confidentiality. Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City reports, information or conclusions.

20. Conflicts of Interest. Contractor covenants that other than this Agreement, Contractor has no financial interest with any official, employee or other representative of the City. Contractor and its principals do not have any financial interest in real property, sources of income or investment that would be affected in any manner of degree by the performance of Contractor’s services under this Agreement. If such an interest arises, Contractor shall immediately notify the City.

21. Waiver. In the event either City or Contractor at any time waive any breach of this Agreement by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Agreement, whether of the same or of any other covenant, condition or obligation. No payment, partial payment, acceptance, or partial acceptance by City shall operate as a waiver on the part of City of any of its rights under this Agreement.

22. Governing Law. California law shall govern any legal action pursuant to this Agreement with venue for all claims in the Superior Court of the County of San Joaquin, Stockton Branch or, where applicable, in the Federal District Court of California, Eastern District, Sacramento Division.

23. No Personal Liability. No official or employee of City shall be personally liable to Contractor in the event of any default or breach by the City or for any amount due Contractor.
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24. Severability. If any portion of this Agreement or application thereof to any person or circumstance shall be declared invalid by a court of competent jurisdiction or if it is found in contravention of any federal, state or city statue, ordinance or regulation the remaining provisions of this Agreement or the application thereof shall not be invalidated thereby and shall remain in full force and effect to the extent that the provisions of this Agreement are severable.

25. Non-Discrimination. During the performance of this Agreement, Contractor and its officers, employees, agents, representatives or subcontractors shall not unlawfully discriminate in violation of any federal, state, or local law, rule or regulation against any employee, applicant for employment or person receiving services under this Agreement because of race, religion, color, national origin, ancestry, physical or mental disability, medical condition (including genetic characteristics), marital status, age, political affiliation, gender identity, gender expression, sex or sexual orientation, family and medical care leave, pregnancy leave, or disability leave. Contractor and its officers, employees, agents, representative or subcontractors shall comply with all applicable Federal, State and local laws and regulations related to non-discrimination and equal opportunity, including without limitation the City’s nondiscrimination policy; the Fair Employment and Housing Act (Government Code sections 12990 (et seq.); California Labor Code sections 1101, 1102 and 1102.1; the Federal Civil Rights Act of 1964 (P.L. 88-352), as amended; and all applicable regulations promulgated in the California Code of Regulation or Code of Federal Regulations. Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial
assistance.” (42 USC Section 2000d).
http://www.dol.gov/oasam/regs/statutes/titlevi.htm. The City requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source.

26. Force Majeure. Neither party shall be responsible for delays or failures in performance resulting from acts of God, acts of civil or military authority, terrorism, fire, flood, strikes, war, epidemics, pandemics, shortage of power or other acts or causes reasonably beyond the control of that party. The party experiencing the force majeure event agrees to give the other party notice promptly following the occurrence of a force majeure event, and to use diligent efforts to re-commence performance as promptly as commercially practicable.

27. Taxes and Charges. Contractor shall be responsible for payment of all taxes, fees, contributions or charges applicable to the conduct of the Contractor’s business.

28. Cumulative Rights. Any specific right or remedy provided in this Agreement will not be exclusive but will be cumulative of all other rights and remedies to which may be legally entitled.
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29. Advice of Attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorneys or the opportunity to seek such advice.

30. Heading Not Controlling. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.

31. Entire Agreement, Integration, and Modification.

31.1 This Agreement represents the entire integrated agreement between Contractor and the City; supersedes all prior negotiations, representations, or agreements, either written or oral between the parties and may be amended only by a written Amendment signed by the Contractor and City Manager.

31.2 All Exhibits to this Agreement and this Agreement are intended to be construed as a single document.

32. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.

33. Authority. The individual(s) executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities.
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EXHIBIT D

PROFESSIONAL SERVICES SPECIAL TERMS AND CONDITIONS

1. Definitions. The following words and phrases have the following meanings for purposes of this Agreement:

1.1 "Services" means, collectively, the services, duties and responsibilities described in Exhibit A of this Agreement and any and all work necessary to complete them or carry them out fully and to the standard of performance required in this Agreement.

1.2 “Deliverable” means quantifiable goods or services that will be provided upon completion of a project. A deliverable is any tangible material, work or thing delivered by one party to the other, including associated technical documentation. A deliverable can be tangible or intangible parts of the development process, and often are specified functions or characteristics of the project.

2. General. The following terms and conditions are applicable for the Professional Services only. The special conditions shall be read in conjunction with the Standard Agreement, General Terms and Conditions (“GTC”) Exhibit C, and all other Exhibits identified in the Standard Agreement.

2.1 Where any portion of the GTC is in conflict to or at variance with any provisions of the Special Conditions of the Agreement, then unless a different intention stated, the provision(s) of the Special Conditions of the Agreement shall be deemed to override the provision(s) of GTC only to the extent that such conflict or variations in the Special Conditions of the Agreement are not possible of being reconciled with the provisions of the GTC.

2.2 In the case of modification of a part or provision of the GTC, the unaltered part or provision, or both shall remain in effect. The Special Conditions shall relate to a particular project and be peculiar to that project but shall not weaken the character or intent of the GTC.

3. Time for Performance.

3.1 Contractor shall perform the services according to the schedule contained in Exhibit F.

3.2 Timeliness of Performance i) Contractor shall provide the Services, and Deliverables within the term and within the time limits required under this Agreement, pursuant to the provisions of Exhibit A and Exhibit F. ii) Neither Contractor nor Contractor’s agents, employees nor subcontractors are entitled to any damages from the City, nor is any party entitled to be reimbursed by the City, for damages, charges or other

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losses or expenses incurred by Contractor by reason of delays or hindrances in the performance of the Services, whether or not caused by the City.

4. Standard of Performance
In addition to Exhibit C, Section 4 and 17, Contractor agrees as follows:

4.1 Contractor’s Services shall be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of Contractor’s profession currently practicing under similar conditions. Contractor shall comply with the profession’s standard of performance, applicable laws, regulations, and industry standards. By delivery of completed work, Contractor certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws. If Contractor is retained to perform services requiring a license, certification, registration or other similar requirement under California law, Contractor shall maintain that license, certification, registration or other similar requirement throughout the term of this Agreement.

4.2 Contractor acknowledges that it is entrusted with or has access to valuable and confidential information and records of the City and with respect to that information, Contractor agrees to be held to the standard of care of a fiduciary. Contractor shall assure that all services that require the exercise of professional skills or judgment are accomplished by professionals qualified and competent in the applicable discipline and appropriately licensed, if required by law. Contractor must provide copies of any such licenses. Contractor remains responsible for the professional and technical accuracy of all Services or Deliverables furnished, whether by Contractor or its subcontractors or others on its behalf. All Deliverables must be prepared in a form and content satisfactory to the Using Agency and delivered in a timely manner consistent with the requirements of this Agreement.

4.3 If Contractor fails to comply with the foregoing standards, Contractor must perform again, at its own expense, all Services required to be re-performed as a direct or indirect result of that failure. Any review, approval, acceptance or payment for any of the Services by the City does not relieve Contractor of its responsibility for the professional skill and care and technical accuracy of its Services and Deliverables. This provision in no way limits the City’s rights against Contractor either under this Agreement, at law or in equity.

5. Compensation

5.1 In addition to Section 3 Compensation in Exhibit C – GTC, the Contractor shall be compensated for the services provided under this Agreement as follows:

5.1.1 Contractor shall be compensated for services rendered and accepted under this Agreement and shall be paid monthly, in arrears on a not to exceed

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basis, based upon the rates set forth in Exhibit E attached hereto and made a part of this Agreement. Contractor may vary the compensation for each task in Exhibit E provided that the total project compensation listed in Exhibit E and the Standard Agreement is not exceeded.

6. Personnel

6.1 None of the work or services covered by this Agreement shall be subcontracted without the prior written approval of the City. Any work or services subcontracted hereunder shall be specified by written agreement and shall be subject to each provision of this Agreement. Contractor shall provide subcontractor a copy of this fully executed Agreement.

6.2 Contractor agrees to assign only competent personnel according to the reasonable and customary standards of training and experience in the relevant field to perform services under this Agreement. Failure to assign such competent personnel shall constitute grounds for termination of this Agreement. The payment made to Contractor pursuant to this Agreement shall be the full and complete compensation to which Contractor and Contractor’s officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither Contractor nor Contractor’s officers or employees are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the City. The City will not make any federal or state tax withholdings on behalf of Contractor. The City shall not be required to pay any workers' compensation insurance on behalf of Contractor. Contractor shall pay, when and as due, any and all taxes incurred as a result of Contractor’s compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request.

6.3 Key Personnel: Because of the special skills required to satisfy the requirements of this Agreement, Contractor shall not reassign or replace key personnel without the written consent of the City, which consent the City will not unreasonably withhold. "key personnel" means those job titles and the persons assigned to those positions in accordance with the provisions of this Agreement. The City may at any time in writing notify Contractor that the City will no longer accept performance of Services under this Agreement by one or more Key Personnel listed. Upon that notice Contractor shall immediately suspend the services of the key person or persons and must replace him or them in accordance with the terms of this Agreement. A list of key personnel is found in Exhibit A, Scope of Services.

7. Reports and Information
Contractor shall at such times and in such forms as the City may require furnish the City such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters are covered by this Agreement as specified in Exhibit A and Exhibit E.

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8. Findings Confidential
All of the reports, information, data, et cetera, prepared or assembled by the Contractor under this Agreement are confidential and the Contractor agrees that they shall not be made available to any individual or organization without the prior written approval of the City. Contractor shall not be required under the provisions of this paragraph to keep confidential any data or information which is or becomes publicly available, is required by applicable law or by proper legal or governmental authority, is already rightfully in the Contractor’s possession without obligation of confidentiality, is independently developed by Contractor outside the scope of this Agreement or is rightfully obtained from third parties. Contractor shall give City prompt notice of any such legal or governmental demand and reasonably cooperate with City in any effort to seek a protective order or otherwise to contest such required disclosure.

9. Copyright
No materials, including but not limited to reports, maps, or documents produced as a result of this Agreement, in whole or in part, shall be available to Contractor for copyright purposes. Any such materials produced as a result of this Agreement that might be subject to copyright shall be the property of the City and all such rights shall belong to the City, and the City shall be sole and exclusive entity who may exercise such rights.

10. Deliverables
Contractor shall prepare or provide to the City various Deliverables. "Deliverables" include work product, such as written reviews, recommendations, reports and analyses, produced by Contractor for the City. The City may reject Deliverables that do not include relevant information or data, or do not include all documents or other materials specified in this Agreement or reasonably necessary for the purpose for which the City made this Agreement or for which the City intends to use the Deliverables. If the City determines that Contractor has failed to comply with the foregoing standards, it has 30 days from the discovery to notify Contractor of its failure. If Contractor does not correct the failure, or if it is possible to do so, within 30 days after receipt of notice from the City specifying the failure, then the City, by written notice, may treat the failure as a default of this Agreement.

Partial or incomplete Deliverables may be accepted for review only when required for a specific and well-defined purpose and when consented to in advance by the City. Such Deliverables will not be considered as satisfying the requirements of this Agreement and partial or incomplete Deliverables in no way relieve Contractor of its commitments under this Agreement.

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

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EXHIBIT E

COMPENSATION SCHEDULE
The Contractor shall be compensated for the services identified in Exhibit A, Exhibit C, and Exhibit D to this Agreement as follows:

1. Project Price

1.1 The maximum the Contractor shall be paid on this Agreement is $200,000 (hereafter the “not to exceed” amount). The “not to exceed” amount includes all payments to be made pursuant to this Agreement, including City-approved reimbursable expenses, if any. Nothing in this Agreement requires the City to pay for work that does not meet the Standard of Performance identified in Exhibit D section 4 or other requirements of this Agreement.

1.2 Standard Reimbursable Items: Only the reimbursable items identified in Exhibit A, C, and D (Compensation), shall be compensated to the Contractor.

Reimbursable expenses will be reimbursed without markup. Fees plus reimbursable expenses shall not exceed the amount set forth in section 1.1 of this Exhibit and a copy of the original invoice for the items listed in i, ii or iii below shall be attached to the invoice submitted to the City for reimbursement. Payments shall be based upon work documents submitted by the Contractor to the City and accepted by the City as being satisfactory to City’s needs. The City shall not pay a markup on any of the items listed in i, ii or iii.

Additionally, items such a telephone, fax, postage or freight are already included in the billable hourly rate. Contractor shall be reimbursed the direct expenses, which are the actual cost of the following items that are reasonable, necessary and actually incurred, by the Contractor in connection with the services:
i. Expenses, fees or charges for printing, reproduction or binding of documents at actual costs with no markup added to the actual cost. ii. Any filing fees, permit fees, or other fees paid or advanced by the Contractor at actual costs with no markup added to the actual cost. iii. Travel expenses shall be reimbursed in accordance with the City’s travel policy, which is incorporated herein by reference.

Reimbursement shall be made at actual costs with no markup added to the actual cost.

1.3 The Contractor shall be entitled to receive payments for its work performed pursuant to the Agreement. The City will pay Contractor based on invoices for acceptable work performed and approved until the “not to exceed” amount is reached.

Thereafter, Contractor must complete services based on the Agreement without additional compensation unless there is a material change to the Statement of Work and Scope by a written Amendment.

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1.4 If work is completed before the “not to exceed” amount is reached, the Contractor’s compensation will be based on the Contractor’s invoices previously submitted for acceptable work performed and approved.

1.5 Subcontractor Costs: Compensation for subcontractors shall be limited to the same restrictions imposed on the Contractor. Maximum markup Contractor may apply to subcontractor fees, minus reimbursable expenses, shall not exceed 10%.

2. Hourly Rates. The following is a list of hourly billable rates that Contractor shall apply for additional services requested of the Contractor. Contractor shall be compensated based on the hourly rates set forth below, on a time and material basis for those services that are within the general scope of services of this Agreement, but beyond the description of services required under Exhibit A, and all services are reasonably necessary to complete the standards of performance required by this Agreement. Any changes and related fees shall be mutually agreed upon between the parties by a written amendment to this Agreement.

Hourly Billable Rate Schedule
Title Hourly Billable Rates
Principal $150.00
Land Surveyor $150.00
Civil Engineer $150.00
Land Planner $150.00
CAD Operator $125.00
Technician III $105.00
Technician II $95.00
Clerical $75.00
Consultants, Special Equipment, Reproductions, Postage, Materials, and Other Outside Charges will be charged at Actual Cost Plus 10%.

Court Appearances/Depositions (minimum charge) is $200 per hour. Preparation at applicable hourly rates.

Above rates/prices are effective January 1, 2025 through December 31, 2028.

3. Invoice to Address. Each invoice submitted shall identify the specific task(s) listed in Exhibit A and this Exhibit, and the completed work product/deliverable for the agreed upon price listed in this Exhibit. Invoices shall be submitted to the below address:

City of Stockton Community Development Department
Attention: Gemma Biscocho
425 N. El Dorado Street
Stockton, CA 95202

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EXHIBIT F

TIMELINE

1. Contractor shall complete the requested services identified in Exhibit A on an as-needed basis, as requested by the City.

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City of Stockton
Legislation Text
File #: 25-0315, Version: 1

ADOPT A RESOLUTION AUTHORIZING AN APPLICATION TO THE SAN JOAQUIN COUNCIL OF GOVERNMENTS FOR REGIONAL EARLY ACTION PLANNING 2.0 GRANT PROGRAM (REAP

2.0) FUNDS IN THE AMOUNT OF $855,200.96

RECOMMENDATION
It is recommended that the City Council:

1. Adopt a Resolution authorizing the City Manager, or designee, to apply to the San Joaquin Council of Governments (SJCOG) for Regional Early Action Planning 2.0 Grant Program (REAP 2.0) funds in the amount of $855,200.96; and

2. If awarded, authorize the City Manager, or designee, to execute a new or amended agreement with SJCOG to accept, appropriate, and take whatever actions are necessary and appropriate to carry out the purpose and intent of the resolution.

Summary
Regional Early Action Planning (REAP 2.0) is a State of California program intended to accelerate infill housing development, reduce Vehicle Miles Traveled (VMT), increase housing supply at all affordability levels, affirmatively further fair housing, and facilitate the implementation of adopted regional and local plans to achieve these goals.

In 2023, the State published an allocation of approximately $10.6 million in one-time REAP 2.0 funds to SJCOG for regional and local housing planning activities to accelerate housing production and facilitate compliance in implementing the sixth cycle of the Regional Housing Needs Allocation (RHNA). In 2024, SJCOG released these funds to member agencies by means of a self-scoring pass -through grant application process, originally projecting a reduced allocation for the City of Stockton in the amount of $969,000 due to recent State budget cuts.

In April 2024, City Council authorized an application to SJCOG in the amount of $969,000 (Attachment A - Resolution 2024-04-16-1205). In late 2024, SJCOG staff informed the City that an additional $855,200.96 in REAP 2.0 funding was available for allocation, thereby requiring City Council action to approve a new request for the funding.

Staff recommends Council approval of an application to SJCOG for $855,200.96 from the REAP 2.0 Grant Program for eligible REAP 2.0 activities, and if awarded, authorization for the City Manager to execute a new or amended agreement with SJCOG.

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File #: 25-0315, Version: 1

DISCUSSION
Background
In 2021, the City was awarded $621,150 in funding under the 2019 Regional Early Action Program (REAP 1.0). In addition to Permit Center software upgrades, this funding was allocated to planning activities supporting the acceleration of housing production in three Neighborhood Areas: South Airport Corridor, Little Manila/Gleason Park, and Cabral/East Cabral.

Building upon REAP 1.0’s efforts to accelerate housing production, REAP 2.0 was introduced to expand the program focus by integrating housing and climate goals and allowing for broader planning and implementation investments, including infrastructure. REAP 2.0 seeks to accelerate infill housing development, reduce Vehicle Miles Traveled (VMT), increase housing supply at all affordability levels, affirmatively further fair housing, and facilitate the implementation of adopted regional and local plans to achieve these goals.

Present Situation
Initially, REAP 2.0 was funded statewide in the amount of $600 million from the State General Fund.

While it was originally anticipated that Stockton’s share of the REAP 2.0 allocation was approximately $1.93 million, the allocation was reduced to $969,000, due to concern for state funding reductions.

Now that the total available award for the City of Stockton has been increased to $1,824,200.96, a new application is required for the City to receive the additional $855,200.96 REAP 2.0 funding.

The application for the remaining REAP 2.0 funding needs to be submitted to SJCOG by mid-May 2025. To submit a new or revised REAP 2.0 application to SJCOG, staff recommends authorizing the City Manager, or his designee, to apply for REAP 2.0 funding to augment the Downtown Master Plan & Visioning process, depending on the cost of proposals received. An additional scope that would be incorporated into the REAP 2.0 application is to pursue a partnership opportunity for the acquisition of the surplus State-owned property located at 31 Channel Street. Acquisition for the purpose of facilitating long-term affordable housing for lower and moderate-income households is an eligible activity under REAP 2.0.

FINANCIAL SUMMARY
There is no financial impact to the City’s General Fund or any other unrestricted fund as a result of this action.

There are no local match requirements for the REAP 2.0 funding. If awarded, the City’s Special Grant Fund’s budget will be amended in the amount of $855,200.96 for reimbursable expenditures related to eligible REAP 2.0 projects. Funding will be appropriated in the Special Grant Fund, Economic Development Division.

Attachment A - Resolution 2024-04-16-1205
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ATTACHMENT A
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ATTACHMENT A
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Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION AUTHORIZING AN APPLICATION TO THE SAN JOAQUIN COUNCIL OF GOVERNMENTS (SJCOG) FOR THE REGIONAL EARLY ACTION PLANNING 2.0 GRANT PROGRAM (REAP 2.0) FUNDS IN THE AMOUNT OF $855,200.96 Pursuant to Health and Safety Code section 50515 et. seq, the California Department of Housing and Community Development (Department) has provided funds for the MPO Direct Allocation Local Government Planning Support Grants Program (hereinafter referred to by the Department as the Regional Early Action Planning 2.0 Grants program or REAP 2.0); and
The funds provided by Department have been made available through the San Joaquin Council of Governments (SJCOG); and
In April 2024, City Council authorized an application to SJCOG in the amount of $969,000. In late 2024, SJCOG staff informed the City that an additional $855,200.96 in REAP 2.0 funding was available for allocation, thereby requiring City Council action to approve a new request for the funding; and
The City Council of the City of Stockton desires to submit a REAP 2.0 grant application package (“Application”) to SJCOG for approval of additional grant funding for projects that assist in accelerating infill development that facilitates housing supply, choice, and affordability, affirmatively furthers Fair Housing, and reduces vehicle miles traveled; now, therefore,

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

1. The City Manager, or designee, is hereby authorized to apply to SJCOG for REAP 2.0 funds in the amount of $855,200.96.

2. If awarded, the City Manager is authorized to accept and submit the Application, enter into, execute, and deliver to SJCOG a new or amended agreement to include the additional $855,200.96, and provide any and all other documents required or deemed necessary or appropriate to evidence and secure the REAP grant, the Applicant’s obligations related thereto, and all amendments thereto; and appropriate up to $855,200.96 in revenues and expenditures.

3. The Applicant shall be subject to the terms and conditions as specified in the SJCOG REAP 2.0 Grant Guidelines and the Agreement provided by the SJCOG after approval. The Application and any and all accompanying documents are incorporated in 270
full as part of the Agreement. Any and all activities funded, information provided, and timelines represented in the Application will be enforceable through the fully executed Agreement. Pursuant to the SJCOG REAP 2.0 Grant Guidelines and in conjunction with the terms of the Agreement, the Applicant hereby agrees to use the funds for eligible uses and allowable expenditures in the manner presented and specifically identified in the approved Application.

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

PASSED, APPROVED AND ADOPTED: May 13, 2025 .

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:

KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
271
City of Stockton
Legislation Text
File #: 25-0263, Version: 2

ADOPT A MOTION TO ALLOCATE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)

FUNDING FOR FAIR HOUSING SERVICES

RECOMMENDATION
It is recommended that Council approve by motion action:

1. Allocating an amount up to $200,000.00 in Community Development Block Grant (CDBG) Program funds to a two-year contract to Project Sentinel for fair housing services;

2. Authorizing the City Manager, or designee, to enter into a contract with Project Sentinel for fair housing services, for a period of three years, with option to renew; and

3. Approving and authorizing the City Manager, or designee, to take all necessary actions to carry out the intent of this action.

Summary
The City of Stockton is committed to ensuring equal access to housing for all residents, in alignment with the Fair Housing Act and state housing laws. This initiative aims to award funding for Fair Housing services to support the City's ongoing efforts to address and/or prevent housing discrimination, increase awareness of fair housing laws, and foster inclusive communities.

As part of the Community Development Block Grant (CDBG) Program, funding will be utilized to provide vital fair housing services, including legal resources, counseling, and educational outreach to low- and moderate-income residents who may face housing discrimination. This effort will directly contribute to the City's goal of improving housing accessibility and ensuring compliance with federal and state housing regulations.

A Request for Proposals (RFP) was released in January 2025 (PUR 25-014) to acquire the use of fair housing service providers. Following the RFP selection process, it is recommended that Council approve an agreement with Project Sentinel, a northern California non-profit agency, to deliver comprehensive fair housing services.

DISCUSSION
Background
The Community Development Block Grant (CDBG) Program is a federally funded program administered by the U.S. Department of Housing and Urban Development (HUD) to assist entitlement jurisdictions, such as the City of Stockton, in addressing various community development City of Stockton Page 1 of 3 Printed on 5/8/2025
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needs, particularly for low- and moderate-income persons. Established under the Housing and Community Development Act of 1974, CDBG is one of the longest-running federal programs aimed at promoting the development of viable urban communities by providing decent housing and a suitable living environment. The program supports a wide range of activities, including housing, economic development, public services, and infrastructure improvements.

As an entitlement jurisdiction, the City of Stockton receives annual CDBG allocations to implement programs that promote community development and improve the quality of life for its residents.

Specifically, the City has historically utilized a portion of CDBG funds to provide Public Services, including fair housing services, which are critical in addressing discrimination and promoting inclusiveness in housing practices within the community. These services are an active step in addressing state and federal Affirmatively Further Fair Housing (AFFH) requirements.

Effective fair housing services strive to educate residents about their housing rights, provide legal resources to those experiencing discrimination, and ensure that low-income and minority residents have access to safe, affordable housing without fear of discrimination based on race, color, national origin, religion, sex, familial status, or disability. Effective services should also include the investigation and resolution of complaints related to housing discrimination.

The federal government’s mandate to affirmatively further fair housing requires all recipients of CDBG funds to take proactive steps to prevent housing discrimination and promote equal access to housing.

The initiative being recommended through this item is designed to fund a program that would meet state and federal requirements of affirmatively furthering fair housing to address and/or prevent housing discrimination in Stockton.

Present Situation
To support the City’s commitment to fair housing, an RFP was issued on January 2, 2025, to solicit proposals from qualified firms or organizations capable of providing a full range of fair housing services to Stockton residents, including education, outreach, investigation, and enforcement.

Three applications were received in response to the RFP, and after a thorough evaluation and interview process, Project Sentinel was selected to provide the needed services. Project Sentinel will be responsible for implementing programs designed to protect residents from housing discrimination and support the City in meeting its fair housing obligations under state and federal law. In addition to providing housing discrimination investigative services, Project Sentinel provides tenant-landlord dispute resolution services as well as educational workshops/presentations related to tenant rights and landlord responsibilities.

Project Sentinel is a 501(c)(3) nonprofit, tax-exempt organization established to, “…develop and promote fairness and equality of opportunity for all persons and to advocate peaceful resolutions of disputes for community welfare and harmony," as stated in their published Mission Statement. With over 45 years of experience, the agency delivers comprehensive services including fair housing enforcement, housing counseling, dispute resolution, and mortgage intervention to communities in Northern California. Project Sentinel maintains 24 local entitlement contracts across its service areas.

Seven offices are strategically located to provide localized support, including in Modesto and Sacramento. Services are offered in English, Spanish, Hmong, Hindi and Vietnamese through existing bilingual staff, and other language interpretation is provided through Language Services City of Stockton Page 2 of 3 Printed on 5/8/2025
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Associates, ensuring accessibility to diverse populations. Project Sentinel has indicated it is willing to establish a local office in Stockton to accomplish the fair housing deliverables. Staff will work with Project Sentinel to support the establishment of a local office in Stockton during its first year of operation.

Project Sentinel asserted in their proposal that they are a Qualified Fair Housing Enforcement Organization (QFHEO) by HUD. They have investigated over 300 housing discrimination complaints annually. Such case origination has resulted in significant settlements and groundbreaking decisions related to familial status, source of income, licensed home daycare and disability. They also have consistently secured Performance-Based Fair Housing Initiative Program (FHIP) grants, which could assist in leveraging funding to assist in fair housing services provided to residents of Stockton.

FINANCIAL SUMMARY
There will be no financial impact to the City’s General Fund or any other unrestricted fund as a result of this action. Funding will come from the CDBG grant funding, specifically there is sufficient funding available in the Community Development fund (230-231) to support this action.

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City of Stockton
Legislation Text
File #: 25-0272, Version: 1

AWARD A PROFESSIONAL SERVICES AGREEMENT TO THE SOLIS GROUP FOR LABOR

COMPLIANCE AND MONITORING SERVICES TO ENSURE FEDERAL AND STATE LABOR REGULATIONS AND PREVAILING WAGE REQUIREMENTS ARE MET (PUR 25-016)

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

1. Approve an agreement with the Solis Group in an amount not-to-exceed $750,000 to provide labor compliance services, for a period of three-years, with options to extend for up to an additional two years; and

2. Authorize the City Manager, or designee, to take appropriate actions to carry out the purpose and intent of this motion.

Summary
The City of Stockton (City) offers several low- and moderate-income housing construction and rehabilitation loans, as well as commercial rehabilitation loans, which may be funded under state/federal programs. These programs require the City to ensure that Labor Standards Provisions are met, and Davis-Bacon and/or California Prevailing Wage be paid for all onsite labor. To meet labor compliance requirements, it is recommended that a three-year agreement (Attachment A - Professional Services Agreement) be awarded to The Solis Group, per a fixed fee (percentage) schedule, to provide such services. The agreement also contains the option to extend up to a maximum of two additional years.

DISCUSSION
Background
The City manages several housing and commercial rehabilitation loan programs which are funded under federal and state programs. For federally-funded projects, federal Labor Standards Provisions must be met, and the Davis-Bacon Act requires prevailing wage to be paid for all onsite labor. Statefunded projects are subject to California’s prevailing wage laws.

The City has contracted labor compliance services since 2006, delivering on key projects managed under the Economic Development Department (EDD) including: multi-family housing, façade, and capital improvements. Due to staffing capacity and budget constraints for additional personnel, the City is looking to continue outsourcing these services.

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File #: 25-0272, Version: 1
Present Situation
On January 23, 2025, a Request for Proposals (RFP) for labor compliance services (PUR 25-016) was issued. A total of six proposals were received on February 20, 2025. The Selection Committee was comprised of staff from the Economic Development, Housing, and Events and Parking Divisions within the Economic Development Department. The criteria used to evaluate the proposals included the firm’s expertise and experience in labor compliance monitoring; the firm’s ability to provide the scope of services, as specified in the RFP; the firm’s references; and the cost proposals. Based on total scores leading to a unanimous decision, the Selection Committee recommended The Solis Group be awarded the three-year Professional Services Agreement, with the option to extend up to a maximum of two additional years.

The primary services to be provided under this agreement include:
· Labor compliance services for the City of Stockton to assure that all federal Labor Standards provisions, Davis-Bacon Prevailing Wage and/or state Prevailing Wage requirements are met for the City’s housing construction, SF rehabilitation projects, commercial rehabilitation projects and Capital Improvement projects. This includes, for example, conducting prebid/preconstruction meetings with property owners and contractors, providing the necessary documentation and forms, conducting job site interviews, reviewing certified payroll records, and providing monthly project status reports.

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

The cost of this agreement will depend on the number and type of projects approved, however, historical annual spending on these services has been approximately $100,000/year. Pricing is based on fixed fee (percentage) and dependent on estimated construction costs, length of construction, and the number of prime and sub-contractors to be monitored. Staff is recommending a $750,000 not-toexceed amount, for the entire term and extension period, to allow for inflation factors in construction/labor costs as well as a large pipeline of affordable housing developments and community benefit projects that are moving into production. Funds will be budgeted annually to pay for services and will be paid from a variety of account numbers based on project funding.

Attachment A - Professional Services Agreement
City of Stockton Page 2 of 2 Printed on 5/8/2025
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CITY OF STOCKTON

STANDARD AGREEMENT

1. This Agreement is entered into between the City of Stockton (“City”) and (“Contractor”) to provide
as set forth in Exhibit A to this Agreement.
_____________________________________________________________________________

2. The term of this Agreement is as follows, unless amended as described in Exhibit A and Exhibit C section 8:

Commences on: Terminates on:
_____________________________________________________________________________

3. The maximum not to exceed amount to be paid to Contractor for the term of this Agreement, including if authorized, reimbursement of expenses, is: $

4. The complete Agreement consists of all the following Agreement documents which by reference are incorporated and made a part of this Agreement. The parties agree to comply with the terms and conditions of this Agreement.

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<(6 ____________________________________________________________________________ IN WITNESS WHEREOF, the authorized parties have executed this Agreement.

CONTRACTOR
______________________________________________________________________________________________ Contractor’s Name (if other than an individual, state whether a corporation, partnership, etc.):
______________________________________________________________________________________________ Authorized Signature Date
______________________________________________________________________________________________ Printed Name and Title of Person Signing
______________________________________________________________________________________________ Address

CITY OF STOCKTON
_________________________________________________________BB________________ 6WHYH&RODQJHOR ,QWHULPCity Manager Date
ATTEST:
____________________________________________________________________________ .DWKHULQH5RODQG&0&,&30& City Clerk
APPROVED AS TO FORM:
/RUL0$VXQFLRQ, City Attorney
BY:

Agreement Number:
(a) Exhibit A – Statement of Work
(b) Exhibit B – Insurance
(c) Exhibit C – General Terms Conditions
(d) Exhibit D –

H
Exhibit E – Compensation Schedule
(f) Exhibit F – Timeline


ATTACHMENT A
TSG Enterprises, Inc. dba The Solis Group Labor Compliance Services May 1, 2025 April 30, 2028
750,000.00
Professional Services Special Terms & Conditions
TSG Enterprises, Inc. dba The Solis Group
Mike Komsky, Chief Financial Officer
3452 E Foothill Blvd., Ste 200, Pasadena, CA 91107
277

EXHIBIT A

STATEMENT OF WORK
(SCOPE OF SERVICES)
Specific Labor Compliance and Monitoring services, although not all-inclusive, to be performed include:

1. Conduct all labor standards compliance monitoring in accordance with the City’s Labor Standards Policies and Procedures. Ensure subrecipient/City compliance with all applicable laws including but not limited to California Prevailing Wage Law, Davis Bacon Act, Copeland Anti-Kickback Act, Contract Work Hours and Safety Standards Act, and Section 3 of HUD Act of 1968.

2. Collect all labor compliance related information for all projects subject to labor compliance and monitoring.

3. Work with City or subrecipient to ensure (prior to releasing bid solicitations) each project’s Bid Specifications AND construction contract include the appropriate State California and Federal DavisBacon wage determinations and trade classifications for each project.

In addition, ensure that the bid specifications AND construction contract include any applicable State and/or Federal forms including but not limited to:
a. Federal Labor Standards Provisions Form HUD-4010
b. State/Federal Classifications wage determination sheet (contractor to complete)
c. Section 3 Policy & Compliance Forms (contractor to complete) d. MBE/WBE Compliance Forms (contractor to complete)

4. Prior to awarding a contract to the General Contractor, verify and document the project file that the General Contractor and subcontractors have an active California contractor’s license; Department of Industrial Relations (DIR) number; registration in the System for Award Management (Sam.gov), or any equivalent federal website, as well as any equivalent State of California system, to ensure that contractors or subcontractors are not debarred, suspended, or otherwise excluded from, or ineligible for participation in Federal or State programs.

Contracts shall not be awarded to any contractor who is debarred or excluded.

5. Once a contract has been awarded (by City or City subrecipient) to a General Contractor, create a DIR project number and schedule and conduct “Preconstruction” meetings with subrecipient, General Contractor, and subcontractors to go over labor compliance regulations and expectations. A labor compliance list must be provided to the General Contractor in writing during the preconstruction meeting and be signed by the General Contractor. A copy shall

ATTACHMENT A
278
2 Exhibit A – Statement of Work
be kept in the project file and provide a copy to the City. Prepare necessary documentation to be distributed at “Preconstruction” meeting (i.e., current wage determination, labor posters, agenda, forms, etc.).

6. Once all contractual requirements are discussed with all parties (per Consultant’s discretion), issue “Notice to Proceed” to City, contractor, and subrecipient.

7. Receive, review, and maintain Certified Payroll records and related documents to assure compliance with all applicable prevailing wage laws.

8. Once all certified payroll reports and/or required documentation have been received, Consultant will sign off on the contractor’s invoice authorizing City to release payment.

9. Attempt to identify potential labor compliance claim issues before they arise and investigate probable violations and complaints of underpayment.

10. Verify the registration of apprentices in the craft or trade being performed. Verify compliance with State and Federal apprentice to journeyman ratio requirements.

11. Require proof of payment from General Contractor of training fund contributions.

12. Using the applicable State/Federal Interview forms, Conduct job site inspections and interview workers for labor compliance. Keep the City appraised of any issues discovered.

13. Collect all Section 3, MBE, and WBE related data from the General Contractor for State/Federal reporting purposes. All data must be collected in a manner or format that complies with State/Federal reporting requirements.

14. Consultant will prepare all labor compliance reports including but not limited to Section 3, MBE, WBE, DBE (if applicable) for City review and approval, and submit to the respective funding agency after City approval.

15. Provide monthly reports on the status of each project and recommend retention for delinquent and/or inadequate certified payroll records. Reports to be submitted to the City on or by the last day of each month.

16. Include the City of Stockton in “CC” on any correspondence to the subrecipient, contractor, and/or subcontractors related to noncompliance of required laws.

17. Assist subrecipient, contractor, and subcontractors with the completion of required labor compliance documentation and wage determinations.

ATTACHMENT A
279
3 Exhibit A – Statement of Work

18. Notices
Pursuant to Exhibit C – General Terms and Conditions, Paragraph 15 – Notices, the mailing address for all required notices is as follows:

Contractor: City:

The Solis Group City of Stockton
3452 E. Foothill Blvd, Ste. 200 Economic Development Dept Pasadena, CA 91107 400 E. Main St., 4th Floor
Stockton, CA 95202

19. Option to Renew
The term of the Agreement may be extended up to two (2) one-year extensions by a written amendment executed by both parties. However, the total term of the Agreement including the extended term shall not exceed five (5) years.

ATTACHMENT A
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REV 2024-03-25
Exhibit B:

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

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

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit.

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

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

4. Professional Liability (Errors and Omissions): Insurance appropriate to the Contractor’s profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.

If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the City of Stockton requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor.

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

Additional Insured Status

ATTACHMENT A
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REV 2024-03-25
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 also applies to any Excess or Umbrella liability policies. The City of Stockton does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.

Umbrella or Excess Policy
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance.

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

Waiver of Subrogation
Contractor hereby grants to City of Stockton a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim

ATTACHMENT A
282
REV 2024-03-25
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.

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.

Verification of Coverage
Contractor shall furnish the City of Stockton with original certificates and amendatory endorsements, or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City of Stockton before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

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

ATTACHMENT A
283
REV 2024-03-25
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

ATTACHMENT A
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EXHIBIT C

GENERAL TERMS AND CONDITIONS

1. Goods, Equipment and Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in Exhibit A of the Agreement. Contractor shall provide said services at the time, place and in the manner specified in Exhibit A of the Agreement.

2. City Assistance, Facilities, Equipment and Clerical Support. Except as set forth in Exhibit A, Contractor shall, at its sole cost and expense, furnish and maintain all facilities and equipment that may be required for furnishing services pursuant to this Agreement. If applicable, City shall furnish to Contractor only the facilities and equipment listed in Exhibit A to the Agreement.

3. Compensation. City shall pay Contractor for services rendered pursuant to this Agreement as described more particularly in Exhibit A and Exhibit E to the Agreement.

3.1 Invoices submitted by Contractor to City must contain a brief description of work performed, time spent and City reference number. Within thirty (30) days of receipt of Contractor’s invoice, City will review invoice, and if acceptable make payment on approved invoice.

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

4. Sufficiency of Contractor’s Work. All Contractor services, work, and deliverables shall be performed in a good and workmanlike manner with due diligence in accordance with the degree of skill normally exercised by similar contractors supplying services and work of a similar nature, and in conformance with applicable laws, codes and professional standards. Contractor’s work shall be adequate and sufficient to meet the purposes of this Agreement.

5. Ownership of Work. All reports, work product, all other documents completed or partially completed by Contractor or its approved subcontractors, in performance of this Agreement, and if applicable, drawings, designs, and plan review comments shall become the property of the City. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Contractor and its approved subcontractors agree 1 ATTACHMENT A
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to execute any additional documents that may be necessary to evidence such assignment. All materials shall be delivered to the City upon completion or termination of the work under this Agreement. If any materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall replace them at its own expense.

Contractor and its approved subcontractors shall keep materials confidential. Materials shall not be used for purposes other than performance of services under this Agreement and shall not be disclosed to anyone not connected with these services, unless the City provides prior written consent.

6. Timeliness. Time is of the essence in this Agreement. Further, Contractor acknowledges that the failure of Contractor to comply with the time limits described in Exhibit A and Exhibit F may result in economic or other losses to the City.

7. Changes. Both parties to this Agreement understand that it may become desirable or necessary during the term of this Agreement for City to modify the scope of services provided for under this Agreement. Any material extension or change in the scope of work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work. Until the amendment is so executed, City will not be responsible to pay any charges Contractor may incur in performing such additional services, and Contractor shall not be required to perform any such additional services.

8. Amendment. No variation of the terms of this Agreement shall be valid unless an amendment is made in writing and signed by both parties.

9. Contractor’s Status.

9. 1 In performing the obligations set forth in this Agreement, Contractor shall have the status of an independent contractor and Contractor shall not be considered to be an employee of the City for any purpose. All persons working for or under the direction of Contractor are its agents and employees and are not agents or employees of City. Contractor by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City. No agent, officer or employee of the City is to be considered an employee of the Contractor. It is understood by both Contractor and City that this Agreement shall not be construed or considered under any circumstances to create an employer-employee relationship or a joint venture.

9.2 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's 2 ATTACHMENT A
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control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. Contractor has control over the manner and means of performing the services under this Agreement. If necessary, Contractor has the responsibility for employing other persons or firms to assist Contractor in fulfilling the terms and obligations under this Agreement.

9.3 If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction, supervision and control of Contractor. All terms of employment including hours, wages, working conditions, discipline, hiring and discharging or any other term of employment or requirements of law shall be determined by the Contractor.

9.4 It is further understood and agreed that Contractor must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Contractor's assigned personnel under the terms and conditions of this Agreement.

10. Subcontractor.

10.1 Subcontractors shall not be recognized as having any direct or contractual relationship with City. Contractor shall be responsible for the work of subcontractors, which shall be subject to the provisions of this Agreement. Subcontractors will be provided with a copy of the Agreement and be bound by its terms. Contractor is responsible to City for the acts and omissions of its subcontractors and persons directly or indirectly employed by them.

10.2 If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction, supervision and control of Contractor. All terms of employment including hours, wages working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by Contractor.

10.3 It is further understood and agreed that DOO6XEFontractorV must issue W-2 IRUPVRURWKHUIRUPVDVUHTXLUHGE\ODZIRULQFRPHDQGHPSOR\PHQWWD[SXUSRVHVIRUDOO RI6XEFRQWUDFWRUVSHUVRQQHO

11. Termination.

11.1 Termination for Convenience of City. The City may terminate this Agreement at any time by mailing a notice in writing to Contractor. The Agreement shall then be deemed terminated, and no further work shall be performed by Contractor. If the Agreement is so terminated, the Contractor shall be paid for the work actually completed at the time the notice of termination is received. 3 ATTACHMENT A
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(Rev. 10.30.18; Mod 0ϱ͘Ϭϴ͘ϮϯZD͖DŽĚϬϯ͘Ϯϳ͘ϮϰZD)

11. 2 Should either party default in the performance of this Agreement or materially breach any of its provisions, the other party, at that party’s option, may terminate this Agreement by giving written notification to the other party.

11.3 Funding- Non-Appropriation. It is mutually understood between the Parties that payment to the Contractor for performance shall be dependent upon the availability of appropriations by the City Council for the purposes of this Agreement. No legal liability on the part of the City for any payment may arise under this Agreement until funds are made available and until the Contractor has received funding availability, which will be confirmed in writing. If funding for any fiscal year is reduced or deleted, or if the City loses funding for any reason, the City, in its sole discretion, shall have the option to either (a) cause this Agreement to be canceled or terminated pursuant to applicable provisions of the Agreement; or (b) offer to amend the Agreement to reflect the reduced funding for this Agreement.
 Non-Assignability. The Contractor shall not assign, sublet, or transfer this Agreement or any interest or obligation in the Agreement without the prior written consent of the City, and then only upon such terms and conditions as City may set forth in writing. Contractor shall be solely responsible for reimbursing subcontractors.  Indemnity and Hold Harmless. 7R WKH IXOOHVW H[WHQW SHUPLWWHG E\ ODZ &RQWUDFWRU VKDOO KROG KDUPOHVV GHIHQG DQG LQGHPQLI\ &LW\ RI 6WRFNWRQ DQG LWV RIILFHUV RIILFLDOV HPSOR\HHV DQG YROXQWHHUV IURP DQG DJDLQVW DQ\ DQG DOO OLDELOLW\ ORVV GDPDJH H[SHQVH FRVWV
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 Insurance. During the term of this Agreement, Contractor shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit B to this Agreement and shall otherwise comply with the other provisions of Exhibit B to this Agreement.
 Notices. All notices herein required shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed in Exhibit A to this Agreement.  Conformance to Applicable Laws. Contractor shall comply with all applicable Federal, State, and Municipal laws, rules, and ordinances. Contractor shall not discriminate in the employment of persons or in the provision of services under this Agreement on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person. 4 ATTACHMENT A
288
(Rev. 10.30.18; Mod Ϭϱ͘Ϭϴ͘ϮϯZD͖DŽĚϬϯ͘Ϯϳ͘ϮϰZDͿ

17. Licenses, Certifications and Permits. Prior to the City’s execution of this Agreement and prior to the Contractor’s engaging in any operation or activity set forth in this Agreement, Contractor shall obtain a City of Stockton business license, which must be kept in effect during the term of this Agreement. Contractor covenants that it has obtained all certificates, licenses, permits and the like required to perform the services under this Agreement. Such licenses, certificates and permits shall be maintained in full force and effect during the term of this Agreement.

18. Records and Audits. Contractor shall maintain all records regarding this Agreement and the services performed for a period of three (3) years from the date that final payment is made. At any time during normal business hours, the records shall be made available to the City to inspect and audit. To the extent Contractor renders services on a time and materials basis, Contractor shall maintain complete and accurate accounting records, in a form prescribed by City or, if not prescribed by City, in accordance with generally accepted accounting principles, such records to include, but not be limited to, payroll records, attendance cards, time sheets, and job summaries.

19. Confidentiality. Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City reports, information or conclusions.

20. Conflicts of Interest. Contractor covenants that other than this Agreement, Contractor has no financial interest with any official, employee or other representative of the City. Contractor and its principals do not have any financial interest in real property, sources of income or investment that would be affected in any manner of degree by the performance of Contractor’s services under this Agreement. If such an interest arises, Contractor shall immediately notify the City.

21. Waiver. In the event either City or Contractor at any time waive any breach of this Agreement by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Agreement, whether of the same or of any other covenant, condition or obligation. No payment, partial payment, acceptance, or partial acceptance by City shall operate as a waiver on the part of City of any of its rights under this Agreement.

22. Governing Law. California law shall govern any legal action pursuant to this Agreement with venue for all claims in the Superior Court of the County of San Joaquin, Stockton Branch or, where applicable, in the Federal District Court of California, Eastern District, Sacramento Division.

23. No Personal Liability. No official or employee of City shall be personally liable to Contractor in the event of any default or breach by the City or for any amount due Contractor.
5 ATTACHMENT A
289
(Rev. 10.30.18; Mod Ϭϱ͘Ϭϴ͘ϮϯZD͖DŽĚϬϯ͘Ϯϳ͘ϮϰZDͿ

24. Severability. If any portion of this Agreement or application thereof to any person or circumstance shall be declared invalid by a court of competent jurisdiction or if it is found in contravention of any federal, state or city statue, ordinance or regulation the remaining provisions of this Agreement or the application thereof shall not be invalidated thereby and shall remain in full force and effect to the extent that the provisions of this Agreement are severable.

25. Non-Discrimination. During the performance of this Agreement, Contractor and its officers, employees, agents, representatives or subcontractors shall not unlawfully discriminate in violation of any federal, state, or local law, rule or regulation against any employee, applicant for employment or person receiving services under this Agreement because of race, religion, color, national origin, ancestry, physical or mental disability, medical condition (including genetic characteristics), marital status, age, political affiliation, gender identity, gender expression, sex or sexual orientation, family and medical care leave, pregnancy leave, or disability leave. Contractor and its officers, employees, agents, representative or subcontractors shall comply with all applicable Federal, State and local laws and regulations related to non-discrimination and equal opportunity, including without limitation the City’s nondiscrimination policy; the Fair Employment and Housing Act (Government Code sections 12990 (et seq.); California Labor Code sections 1101, 1102 and 1102.1; the Federal Civil Rights Act of 1964 (P.L. 88-352), as amended; and all applicable regulations promulgated in the California Code of Regulation or Code of Federal Regulations. Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial
assistance.” (42 USC Section 2000d).
http://www.dol.gov/oasam/regs/statutes/titlevi.htm. The City requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source.

26. Force Majeure. Neither party shall be responsible for delays or failures in performance resulting from acts of God, acts of civil or military authority, terrorism, fire, flood, strikes, war, epidemics, pandemics, shortage of power or other acts or causes reasonably beyond the control of that party. The party experiencing the force majeure event agrees to give the other party notice promptly following the occurrence of a force majeure event, and to use diligent efforts to re-commence performance as promptly as commercially practicable.

27. Taxes and Charges. Contractor shall be responsible for payment of all taxes, fees, contributions or charges applicable to the conduct of the Contractor’s business.

28. Cumulative Rights. Any specific right or remedy provided in this Agreement will not be exclusive but will be cumulative of all other rights and remedies to which may be legally entitled.
6 ATTACHMENT A
290
(Rev. 10.30.18; Mod Ϭϱ͘Ϭϴ͘ϮϯZD͖DŽĚϬϯ͘Ϯϳ͘ϮϰZDͿ

29. Advice of Attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorneys or the opportunity to seek such advice.

30. Heading Not Controlling. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.

31. Entire Agreement, Integration, and Modification.

31.1 This Agreement represents the entire integrated agreement between Contractor and the City; supersedes all prior negotiations, representations, or agreements, either written or oral between the parties and may be amended only by a written Amendment signed by the Contractor and City Manager.

31.2 All Exhibits to this Agreement and this Agreement are intended to be construed as a single document.

32. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.

33. Authority. The individual(s) executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities.
7 ATTACHMENT A
291
1 (Rev. 07.12.22)

EXHIBIT D

PROFESSIONAL SERVICES SPECIAL TERMS AND CONDITIONS

1. Definitions. The following words and phrases have the following meanings for purposes of this Agreement:

1.1 "Services" means, collectively, the services, duties and responsibilities described in Exhibit A of this Agreement and any and all work necessary to complete them or carry them out fully and to the standard of performance required in this Agreement.

1.2 “Deliverable” means quantifiable goods or services that will be provided upon completion of a project. A deliverable is any tangible material, work or thing delivered by one party to the other, including associated technical documentation. A deliverable can be tangible or intangible parts of the development process, and often are specified functions or characteristics of the project.

2. General. The following terms and conditions are applicable for the Professional Services only. The special conditions shall be read in conjunction with the Standard Agreement, General Terms and Conditions (“GTC”) Exhibit C, and all other Exhibits identified in the Standard Agreement.

2.1 Where any portion of the GTC is in conflict to or at variance with any provisions of the Special Conditions of the Agreement, then unless a different intention stated, the provision(s) of the Special Conditions of the Agreement shall be deemed to override the provision(s) of GTC only to the extent that such conflict or variations in the Special Conditions of the Agreement are not possible of being reconciled with the provisions of the GTC.

2.2 In the case of modification of a part or provision of the GTC, the unaltered part or provision, or both shall remain in effect. The Special Conditions shall relate to a particular project and be peculiar to that project but shall not weaken the character or intent of the GTC.

3. Time for Performance.

3.1 Contractor shall perform the services according to the schedule contained in Exhibit F.

3.2 Timeliness of Performance i) Contractor shall provide the Services, and Deliverables within the term and within the time limits required under this Agreement, pursuant to the provisions of Exhibit A and Exhibit F. ii) Neither Contractor nor Contractor’s agents, employees nor subcontractors are entitled to any damages from the City, nor is any party entitled to be reimbursed by the City, for damages, charges or other

ATTACHMENT A
292
2 (Rev. 07.12.22)
losses or expenses incurred by Contractor by reason of delays or hindrances in the performance of the Services, whether or not caused by the City.

4. Standard of Performance
In addition to Exhibit C, Section 4 and 17, Contractor agrees as follows:

4.1 Contractor’s Services shall be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of Contractor’s profession currently practicing under similar conditions. Contractor shall comply with the profession’s standard of performance, applicable laws, regulations, and industry standards. By delivery of completed work, Contractor certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws. If Contractor is retained to perform services requiring a license, certification, registration or other similar requirement under California law, Contractor shall maintain that license, certification, registration or other similar requirement throughout the term of this Agreement.

4.2 Contractor acknowledges that it is entrusted with or has access to valuable and confidential information and records of the City and with respect to that information, Contractor agrees to be held to the standard of care of a fiduciary. Contractor shall assure that all services that require the exercise of professional skills or judgment are accomplished by professionals qualified and competent in the applicable discipline and appropriately licensed, if required by law. Contractor must provide copies of any such licenses. Contractor remains responsible for the professional and technical accuracy of all Services or Deliverables furnished, whether by Contractor or its subcontractors or others on its behalf. All Deliverables must be prepared in a form and content satisfactory to the Using Agency and delivered in a timely manner consistent with the requirements of this Agreement.

4.3 If Contractor fails to comply with the foregoing standards, Contractor must perform again, at its own expense, all Services required to be re-performed as a direct or indirect result of that failure. Any review, approval, acceptance or payment for any of the Services by the City does not relieve Contractor of its responsibility for the professional skill and care and technical accuracy of its Services and Deliverables. This provision in no way limits the City’s rights against Contractor either under this Agreement, at law or in equity.

5. Compensation

5.1 In addition to Section 3 Compensation in Exhibit C – GTC, the Contractor shall be compensated for the services provided under this Agreement as follows:

5.1.1 Contractor shall be compensated for services rendered and accepted under this Agreement and shall be paid monthly, in arrears on a not to exceed

ATTACHMENT A
293
3 (Rev. 07.12.22)
basis, based upon the rates set forth in Exhibit E attached hereto and made a part of this Agreement. Contractor may vary the compensation for each task in Exhibit E provided that the total project compensation listed in Exhibit E and the Standard Agreement is not exceeded.

6. Personnel

6.1 None of the work or services covered by this Agreement shall be subcontracted without the prior written approval of the City. Any work or services subcontracted hereunder shall be specified by written agreement and shall be subject to each provision of this Agreement. Contractor shall provide subcontractor a copy of this fully executed Agreement.

6.2 Contractor agrees to assign only competent personnel according to the reasonable and customary standards of training and experience in the relevant field to perform services under this Agreement. Failure to assign such competent personnel shall constitute grounds for termination of this Agreement. The payment made to Contractor pursuant to this Agreement shall be the full and complete compensation to which Contractor and Contractor’s officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither Contractor nor Contractor’s officers or employees are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the City. The City will not make any federal or state tax withholdings on behalf of Contractor. The City shall not be required to pay any workers' compensation insurance on behalf of Contractor. Contractor shall pay, when and as due, any and all taxes incurred as a result of Contractor’s compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request.

6.3 Key Personnel: Because of the special skills required to satisfy the requirements of this Agreement, Contractor shall not reassign or replace key personnel without the written consent of the City, which consent the City will not unreasonably withhold. "key personnel" means those job titles and the persons assigned to those positions in accordance with the provisions of this Agreement. The City may at any time in writing notify Contractor that the City will no longer accept performance of Services under this Agreement by one or more Key Personnel listed. Upon that notice Contractor shall immediately suspend the services of the key person or persons and must replace him or them in accordance with the terms of this Agreement. A list of key personnel is found in Exhibit A, Scope of Services.

7. Reports and Information
Contractor shall at such times and in such forms as the City may require furnish the City such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters are covered by this Agreement as specified in Exhibit A and Exhibit E.

ATTACHMENT A
294
4 (Rev. 07.12.22)

8. Findings Confidential
All of the reports, information, data, et cetera, prepared or assembled by the Contractor under this Agreement are confidential and the Contractor agrees that they shall not be made available to any individual or organization without the prior written approval of the City. Contractor shall not be required under the provisions of this paragraph to keep confidential any data or information which is or becomes publicly available, is required by applicable law or by proper legal or governmental authority, is already rightfully in the Contractor’s possession without obligation of confidentiality, is independently developed by Contractor outside the scope of this Agreement or is rightfully obtained from third parties. Contractor shall give City prompt notice of any such legal or governmental demand and reasonably cooperate with City in any effort to seek a protective order or otherwise to contest such required disclosure.

9. Copyright
No materials, including but not limited to reports, maps, or documents produced as a result of this Agreement, in whole or in part, shall be available to Contractor for copyright purposes. Any such materials produced as a result of this Agreement that might be subject to copyright shall be the property of the City and all such rights shall belong to the City, and the City shall be sole and exclusive entity who may exercise such rights.

10. Deliverables
Contractor shall prepare or provide to the City various Deliverables. "Deliverables" include work product, such as written reviews, recommendations, reports and analyses, produced by Contractor for the City. The City may reject Deliverables that do not include relevant information or data, or do not include all documents or other materials specified in this Agreement or reasonably necessary for the purpose for which the City made this Agreement or for which the City intends to use the Deliverables. If the City determines that Contractor has failed to comply with the foregoing standards, it has 30 days from the discovery to notify Contractor of its failure. If Contractor does not correct the failure, or if it is possible to do so, within 30 days after receipt of notice from the City specifying the failure, then the City, by written notice, may treat the failure as a default of this Agreement.

Partial or incomplete Deliverables may be accepted for review only when required for a specific and well-defined purpose and when consented to in advance by the City. Such Deliverables will not be considered as satisfying the requirements of this Agreement and partial or incomplete Deliverables in no way relieve Contractor of its commitments under this Agreement.

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

ATTACHMENT A
295

EXHIBIT E

COMPENSATION SCHEDULE
The Contractor shall be compensated for the services identified in Exhibit A, Exhibit C, and Exhibit D to this Agreement as follows:

1. Project Price

1.1 The maximum the Contractor shall be paid on this Agreement is $750,000.00 (hereafter the “not to exceed” amount). The “not to exceed” amount includes all payments to be made pursuant to this Agreement, including City approved reimbursable expenses, if any. Nothing in this Agreement requires the City to pay for work that does not meet the Standard of Performance identified in Exhibit D section 4 or other requirements of this Agreement.

1.2 Standard Reimbursable Items: Only the reimbursable items identified in Exhibit A, C, and D (Compensation), shall be compensated to the Contractor.

Reimbursable expenses will be reimbursed without markup. Fees plus reimbursable expenses shall not exceed the amount set forth in section 1.1 of this Exhibit and a copy of the original invoice for the items listed in i, ii or iii below shall be attached to the invoice submitted to the City for reimbursement. Payments shall be based upon work documents submitted by the Contractor to the City and accepted by the City as being satisfactory to City’s needs. The City shall not pay a markup on any of the items listed in i, ii or iii.

Additionally, items such a telephone, fax, postage or freight are already included in the billable hourly rate. Contractor shall be reimbursed the direct expenses, which are the actual cost of the following items that are reasonable, necessary and actually incurred, by the Contractor in connection with the services:
i. Expenses, fees or charges for printing, reproduction or binding of documents at actual costs with no markup added to the actual cost. ii. Any filing fees, permit fees, or other fees paid or advanced by the Contractor at actual costs with no markup added to the actual cost. iii. Travel expenses shall be reimbursed in accordance with the City’s travel policy, which is incorporated herein by reference.

Reimbursement shall be made at actual costs with no markup added to the actual cost.

1.3 The Contractor shall be entitled to receive payments for its work performed pursuant to the Agreement. The City will pay Contractor based on invoices for acceptable work performed and approved until the “not to exceed” amount is reached.

Thereafter, Contractor must complete services based on the Agreement without additional compensation unless there is a material change to the Statement of Work and Scope by a written Amendment.

ATTACHMENT A
296
2 Exhibit E - Compensation Schedule

1.4 If work is completed before the “not to exceed” amount is reached, the Contractor’s compensation will be based on the Contractor’s invoices previously submitted for acceptable work performed and approved.

2. Task Price. Please see Attachment E-1

3. Invoice to Address. Each invoice submitted shall identify the specific task(s) listed in Exhibit A and this Exhibit, and the completed work product/deliverable for the agreed upon price listed in this Exhibit. Invoices shall be submitted to the address below:

City of Stockton
Economic Development Department
400 E. Main Street, 4th Floor
Stockton, CA 95202
Attention: Fiscal Division

ATTACHMENT A
297

ATTACHMENT A
298
CostͬWƌŝĐĞ Proposal
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TSG Standard Rate Schedule
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Analyst $115 $115 $118 $118 $121
Site
Interviewer $106 $106 $110 $110 $114
Standard Pricing Methodology
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ATTACHMENT A
299
City of Stockton
Legislation Text
File #: 25-0360, Version: 1

ADOPT A RESOLUTION WITH FINDINGS THAT JUSTIFY AND SUPPORT AN EXCEPTION TO

THE COMPETITIVE BID PROCESS AND AUTHORIZE THE EXPANSION OF THE CITY OF

STOCKTON'S PARTICIPATION IN THE JOINT POWERS AUTHORITY EXCESS RISK POOL,

PUBLIC RISK INNOVATION, SOLUTIONS, AND MANAGEMENT (PRISM)

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

1. Approve findings that justify and support an exception to the competitive bidding process pursuant to Stockton Municipal Code 3.68.070(A)(5), for cooperative purchasing agreements.

2. Authorize the City to expand participation in a Joint Powers Agreement with PRISM (Attachment A), without limitation, allowing the City of Stockton to participate in additional insurance programs such as: Excess Liability (General Liability and optional Excess Liability) (Attachment B), Primary Cyber Liability, Property (Attachment C), and Crime. (Primary Cyber and Crime do not require Memoranda of Understanding since they are not major programs.)

3. Authorize the City Manager to execute Memoranda of Understanding for the additional programs described above.

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
Risk Pools are Joint Powers Authorities (JPA) formed by public entities to pool their funds and obtain Excess (Stop Loss) coverage for the members. Two (2) of these JPAs are California Joint Powers Risk Management Authority (CJPRMA) and Public Risk Innovation, Solutions, and Management (PRISM). The City is a member of both pools. CJPRMA is a smaller Risk Pool and more sensitive to losses from its larger members, the City being one (1) of those larger members. The CJPRMA Board of Directors has voted to expel the City from the Risk Pool, leaving the City without several coverages when the policies expire on June 30, 2025. PRISM is the largest Risk Pool serving public entities in California and large enough to absorb the severity and frequency of losses associated with large cities such as Stockton. Staff have worked with PRISM and received approval for the City to transition those coverages currently with CJPRMA to PRISM.

City of Stockton Page 1 of 3 Printed on 5/8/2025
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File #: 25-0360, Version: 1

DISCUSSION
Background
The City has been self-insured since 1979, covering the cost of its smaller claims out of the general fund, and purchasing Excess (Stop Loss) coverage through CJPRMA and PRISM. The City has outgrown one (1) of its current excess liability risk pools, CJPRMA. The City passed a resolution to become a member of CJPRMA on April 8, 1986, but due to current trends such as “social inflation”, an increasing litigious society, nuclear verdicts, and reptile theory tactics, the City’s severity and frequency of losses has exceeded CJPRMA’s loss ratio threshold of 100% for three (3) years in a row. The loss ratio measures the relationship between the total losses to premiums. When the loss ratio is over 100% it indicates the risk pool is paying out more in losses than it is gaining in premiums.

In other words, the losses are directly impacting the pool’s financial stability and its other eighteen (18) public entity members. CJPRMA Board Policy required that the City be recommended for expulsion based on this continuing loss ratio. CJPRMA’s Board voted to expel the City effective June 30, 2025.

Present Situation
On August 15, 2024, CJPRMA’s Board unanimously voted to expel the City effective June 30, 2025.

PRISM, made up of over 350-member public entities, which includes over 2,050 sub-member public entities, is more suited to handle the severity and frequency of the City’s claims. In addition, PRISM has in-house staff dedicated to providing professional support to the City including, but not limited to, underwriters, analysts, risk control specialists, and training.

Currently, the City participates in excess workers’ compensation, employee health (life and disability) benefits, dental, aircraft, and airport programs with PRISM, and became a member on June 26, 2007, when it was known as CSAC-EIA. Staff intend to bind coverages through PRISM for the programs the City currently has through CJPRMA: excess liability (general liability and optional excess liability), primary cyber liability, property, and crime.

Should City Council approve the resolution to expand participation with PRISM, allowing the City to participate in additional programs of coverage, staff will ensure there is no gap in the expiring coverages currently carried by CJPRMA.

Findings
Stockton Municipal Code Section 3.68.070(A)(5) provides an exception to the competitive bidding process for contracts over one-hundred thousand dollars ($100,000) where the City Council adopts findings which justify and support the exception. The following findings justify and support an exception:

1. Cooperative agreements qualify as an exception to the City’s competitive bidding process as outlined in City Municipal Code §3.68.070(A)(5) and City Policy 17.05.050, specifically:
“Cooperative purchasing agreements authorized by the City Council for purchase of supplies or services through other governmental jurisdictions or public agencies.” City of Stockton Page 2 of 3 Printed on 5/8/2025
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File #: 25-0360, Version: 1

2. Cooperative purchasing agreement enable the City to utilize the terms and conditions of a competitively solicited and negotiated cooperative purchasing agreement.

3. A cooperative agreement with PRISM will meet the City’s procurement and business needs by providing continuity of service in a bigger risk pool.

4. A JPA is a formal, legal agreement between two (2) or more public agencies that share a common power and want to jointly implement programs, build facilities, or deliver services.

Officials from those public agencies formally approve a cooperative arrangement to jointly negotiate these services and other programs.

5. The use of cooperative contracts improve time, efficiency, and enable the City to acquire products of equal or superior quality, along with value added services, at competitive consortium-negotiated pricing.

FINANCIAL SUMMARY
Premiums for FY 24/25 from CJPRMA totaled $8.7 million with an expected 30% increase for FY 25/26, or $11.3 million. PRISM has provided conservative indications at $14.8 for the same programs, or a $3.5 million increase. This increase is expected due to PRISM’s larger size and loss capacity. This increase will also bring the City’s loss ratio down to a manageable level.

In addition, PRISM is requiring the City raise its General Liability Self-Insured Retention (SIR) from $1.5 million to $3 million, increasing the amount of liability the City retains. The City’s actuary, Aon Risk Insurance Services West, Inc., predicts that this could increase retained losses by $1.5 - $2.0 million.

A conservative estimate is for a total increase in costs of $5 - $5.5 million for FY 25/26.

Attachment A - JPA 2020 Final PRISM Agreement
Attachment B - MOU General Liability Program 2
Attachment C - MOU Property Program
City of Stockton Page 3 of 3 Printed on 5/8/2025
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JPA, PRISM Amended: June 30, 2020