City Council and Concurrent Authorities
July 15, 2025

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

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

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

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

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

City of Stockton
Its Officers, Officials, Employees, and Volunteers
400 E Main St, 3rd Floor – HR
Stockton, CA 95202

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City of Stockton
Legislation Text
File #: 25-0551, Version: 1

ADOPT RESOLUTION TO AUTHORIZE THE SOUTH TUXEDO AVENUE SEWER TRUNK

REHABILITATION PROJECT

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

1. Approve Notice of Exemption No. NOE17-23 under the California Environmental Quality Act for the South Tuxedo Avenue Sewer Trunk Rehabilitation, Project No. UW23007.

2. Approve the plans and specifications for the South Tuxedo Avenue Sewer Trunk Rehabilitation, Project No. UW23007.

3. Award a Construction Contract in the amount of $991,570 to Insituform Technologies, LLC of Chesterfield, MO, for the South Tuxedo Avenue Sewer Trunk Rehabilitation, Project No.

UW23007.

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

Summary
The Municipal Utilities Department (MUD) has implemented a Condition Assessment Program for the City’s sewer infrastructure comprised of Closed-Circuit Televised Video (CCTV) inspection, pipe cleaning, and engineering evaluation. This program generates a prioritized list of sewer replacement and/or rehabilitation projects for inclusion in the City’s Capital Improvement Plan (CIP). A 16-inch diameter sewer trunk line along South Tuxedo Avenue was identified for rehabilitation. The project will rehabilitate a 16-inch diameter sewer trunk line along South Tuxedo Avenue from Orange Street to Kensington Way (Attachment A). The project was included in the 2022-27 Five-Year CIP.

On April 24, 2025, the City received two bids for this project. It is recommended that Council award a Construction Contract to the lowest responsible bidder, Insituform Technologies, LLC, in the amount of $991,570. It is also recommended that Council adopt a resolution approving Notice of Exemption No. NOE17-23 under the California Environmental Quality Act (CEQA) and approving the plans and specifications for the project. Construction is anticipated to be completed by December 2025.

DISCUSSION
Background
MUD has implemented a Condition Assessment Program for the City’s sewer infrastructure City of Stockton Page 1 of 3 Printed on 7/10/2025
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comprised of CCTV inspection, pipe cleaning, and engineering evaluation. This program generates a prioritized list of sewer replacement and/or rehabilitation projects for inclusion in the City’s CIP. A 16- inch diameter sewer trunk line along South Tuxedo Avenue was identified for rehabilitation. The project will rehabilitate a 16-inch diameter sewer trunk line along South Tuxedo Avenue from Orange Street to Kensington Way (Attachment A). The project was included in the 2022-27 Five-Year CIP.

On July 11, 2023, by Motion No. 2023-07-11-1211, Council approved a Professional Services Contract for design services in the amount of $150,384.

On July 26, 2016, Council adopted a Community Workforce and Training Agreement (CWTA). The CWTA became effective August 25, 2016, and applies to all Public Works projects over $1 million that are bid after that date. On July 16, 2019, by Motion No. 2019-07-16-1403, Council extended the CWTA term to August 25, 2024. On August 20, 2024, by Motion No. 2024-08-20-1203, Council extended the CWTA term to August 25, 2029. The CWTA was applied to this project as the estimated construction cost is over $1 million.

Present Situation
On March 19, 2025, the South Tuxedo Avenue Sewer Trunk Rehabilitation, Project No. UW23007, was advertised for bids. On April 24, 2025, two bids were received with the following results:

COMPANY NAME BID AMOUNT
Insituform Technologies, LLC (Chesterfield, MO) $ 991,570 SAK Construction, LLC (O’Fallon, MO) $1,292,080
Engineer’s Estimate $1,650,100
The requirements of Stockton Municipal Code (SMC) section 3.68.090, Local Business Preference, apply to this project. Application of the Local Business Preference has no effect on the bid order.

The Local Employment Ordinance, SMC section 3.68.095, also applies to this contract.

The bid from Insituform Technologies, LLC, the lowest responsible bidder, is regular in all respects and has the proper license to perform the work. It is recommended that Council approve the plans and specifications, and award a Construction Contract to Insituform Technologies, LLC of Chesterfield, MO, in the amount of $991,570, for the South Tuxedo Avenue Sewer Trunk Rehabilitation, Project No. UW23007.

The project is in conformance with the City’s General Plan, pursuant to California Government Code, section 65402, and is statutory exempt from the requirements of CEQA as specified under Section 15301(d) of the CEQA Guidelines. The activities related to this project constitute a discretionary project under the City’s jurisdiction and qualifies as a project that does not have a significant effect on the environment. The resolution will approve the filing of Notice of Exemption No. NOE17-23 under CEQA.

Construction is anticipated to be completed by December 2025.

City of Stockton Page 2 of 3 Printed on 7/10/2025
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FINANCIAL SUMMARY
Sufficient funds are available in the South Tuxedo Avenue Sewer Trunk Rehabilitation, Project No.

UW23007, to award a Construction Contract to Insituform Technologies, LLC in the amount of $991,570.

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

Attachment A - Vicinity Map
City of Stockton Page 3 of 3 Printed on 7/10/2025
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PERSHING AVE

SMITH CANAL

S TUXEDO AVE

KENSINGTON WAY

ORANGE STREET

YOSEMITE LAKE

CITY OF STOCKTON

DEPARTMENT OF PUBLIC WORKS

ATTACHMENT A
SOUTH TUXEDO AVE. SANITARY SEWER TRUNK REHABILITATION
(PROJECT NO. UW23007)

PROJECT LOCATION

VICINITY MAP

NOT TO SCALE

PROJECT LIMITS
912
Resolution No.

STOCKTON CITY COUNCIL
RESOLUTION APPROVING THE NOTICE OF EXEMPTION NO. NOE17-23,

APPROVING THE PLANS AND SPECIFICATIONS, AND AWARDING A

CONSTRUCTION CONTRACT FOR THE SOUTH TUXEDO AVENUE SEWER TRUNK REHABILITATION, PROJECT NO. UW23007
On April 24, 2025, the City Clerk of the City of Stockton opened, examined, and publicly declared the sealed proposals or bids offered for the South Tuxedo Avenue Sewer Trunk Rehabilitation, Project No. UW23007; and
The Municipal Utilities Department has implemented a Condition Assessment Program for the City’s sewer infrastructure. This program generates a prioritized list of sewer replacement and/or rehabilitation projects for inclusion in the City’s Capital Improvement Plan; and
The project will rehabilitate a 16-inch diameter sewer trunk line along South Tuxedo Avenue from Orange Street to Kensington Way; and Insituform Technologies, LLC is the lowest responsible bidder in the amount of $991,570 and its bid is regular in all respects; and
The project is in conformance with the City’s General Plan, pursuant to California Government Code, section 65402, and is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) as specified under section 15301(d) of the CEQA Guidelines, because this is a discretionary project under the City’s jurisdiction and qualifies as a project which has been determined to not have a significant effect on the environment; now, therefore,

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

1. The City Council approves the filing of Notice of Exemption No. NOE17-23 under the CEQA for the South Tuxedo Avenue Sewer Trunk Rehabilitation, Project No.

UW23007, a copy of which is attached as Exhibit 1 and incorporated by this reference.

2. The City Council approves the plans and specifications for the South Tuxedo Avenue Sewer Trunk Rehabilitation, Project No. UW23007.

3. The City Council awards a Construction Contract between the City of Stockton and Insituform Technologies, LLC, in the amount of $991,570, and the City 913
Manager is authorized and directed to execute same, a copy of which is attached as Exhibit 2 and incorporated by this reference.

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

PASSED, APPROVED, and ADOPTED July 15, 2025 .

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:

KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
914
TO: COUNTY CLERK

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

CITY OF STOCKTON

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

PROJECT DATA
Project Title: South Tuxedo Avenue Sewer Trunk Rehabilitation, Project No. UW23007 CEQA Exemption File No.: NOE 17-23
Applicant: City of Stockton Public Works Department
Project Description/Location: The City of Stockton's Public Works Department will be rehabilitating approximately 1,900 linear feet of an existing 16" diameter Vitrified Clay Pipe (VCPl sewer trunk line along South Tuxedo Avenue between Kensington Way and Orange Street using cured-in-place pipe rehabilitation method. Work also includes temporary bypassing, CCTV, reconnection of service laterals, traffic control. and removal and replacement of new maintenance holes.

See attachment A for more information.

DETERMINATION/FINDING OF EXEMPTION
The above-described activity/project is exempt from the environmental assessment requirements of the California Environmental Quality Act (CEQA) pursuant to the following section(s) of the State CEQA Guidelines (California Code of Regulations, Title 14):

The activity is not a "project" as defined in CEQA Guidelines Section 15378.

The activity is exempt under the "general rule" at CEQA Guidelines Section15061 (8)(3). _X_ The project is "Statutorily Exempt" per CEQA Guidelines Section: 15301 (d).

The project is "Categorically Exempt" per CEQA Guidelines Section 15332.

BASIS FOR FINDING OF EXEMPTION
The activity does not qualify as a project and/or clearly could not have a significant effect on the environment and, therefore, CEQA does not apply.
_x_ The activity constitutes a discretionary project under the City's jurisdiction and qualifies as a project which has been determined not to have a significant effect on the environment and, therefore, is exempt from the provisions of CEQA under the above-noted statutory or categorical exemption(s).

JODI ALMASSY, DIRECTOR

PUBLIC WORKS DEPARTMENT
Ma 2 2023
(DATE OF PREPARATION)
(DATE OF FINAL APPROVAL)

AFFIDAVIT OF FILING AND POSTING
I declare that on the date stamped above, I received and posted this notice or included it on a list of such notices which was posted as required by California Public Resources Code Section 21152(8). Said notice or list of notices will remain posted for 35 days from the filing date.

Signature Title
Posting Period Ending Date
EXHIBIT 1
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Local Construction Contract – INSITUFORM TECHNOLOGIES, LLC – SOUTH TUXEDO AVENUE SEWER TRUNK REHABILITATION, PROJECT NO. UW23007 (Updated 10/18/23)

CONSTRUCTION CONTRACT
This contract is made and entered into on _____________, by and between INSITUFORM TECHNOLOGIES, LLC., a Limited Liability Company, with a business address at 580 GODDARD AVENUE, CHESTERFIELD, MO 63005, hereinafter called "CONTRACTOR," and CITY OF STOCKTON, a municipal corporation, hereinafter called "CITY."
W I T N E S S E T H:

WHEREAS, plans and specifications for the construction of SOUTH TUXEDO AVENUE SEWER TRUNK REHABILITATION, PROJECT NO. UW23007, hereinafter called “PROJECT,” were regularly adopted by Council Resolution No. 2025-___-___-_____, on _________________; and WHEREAS, the contract for said work was regularly awarded to CONTRACTOR, by Council Resolution No. 2025-___-___-_____, on _________________.

NOW, THEREFORE, in consideration of the promises and of the mutual covenants herein contained, the parties hereto expressly agree as follows:

CONTRACTOR agrees:

1. SCOPE OF SERVICES. To do the work and furnish all the labor, materials, tools, equipment, and insurance required for the construction of PROJECT in accordance with the plans and specifications adopted on _________________, by Council Resolution No. 2025-___-___-_____. The "contract documents," which include the bid documents, project plans, specifications, all letters of clarification, and the City of Stockton Standard Specifications and Plans, are incorporated into and made a part of this contract by this reference to the same extent as if fully set forth.

2. COMPENSATION. To do and perform the work contemplated hereby in a good and workmanlike manner and to furnish all labor, materials, tools, and equipment necessary therefore at the prices specified in Exhibit A, attached hereto and by reference made a part hereof, under the direction of and to the complete satisfaction of the Director of Public Works of the City of Stockton. Total compensation for services and reimbursement for costs shall not exceed $991,570.00, or as otherwise mutually agreed to in a Contract Change Order.

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

EXHIBIT 2 Page 1 of 47
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Local Construction Contract – INSITUFORM TECHNOLOGIES, LLC – SOUTH TUXEDO AVENUE SEWER TRUNK REHABILITATION, PROJECT NO. UW23007 (Updated 10/18/23) It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the Additional Insured.

Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named Insured; whichever is greater.

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

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

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

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

The CITY reserves the right to obtain a fully certified copy of any insurance policy and endorsements.

Failure to exercise this right shall not constitute a waiver of right to exercise later.

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

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

Subcontractors hired by CONTRACTOR agree to be bound to CONTRACTOR and the CITY in the same manner and to the same extent as CONTRACTOR is bound to the CITY under the Contract Documents. Subcontractor further agrees to include these same provisions with any Sub-subcontractor. A copy of the CITY Contract Document Indemnity and Insurance provisions will be furnished to the Subcontractor upon request. The General CONTRACTOR shall require all sub-contractors to provide a valid certificate of EXHIBIT 2 Page 2 of 47
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Local Construction Contract – INSITUFORM TECHNOLOGIES, LLC – SOUTH TUXEDO AVENUE SEWER TRUNK REHABILITATION, PROJECT NO. UW23007 (Updated 10/18/23) insurance and the required endorsements included in the agreement prior to commencement of any work and contractor will provide proof of compliance to the City.

4. INDEMNITY AND HOLD HARMLESS. To the fullest extent permitted by law, Contractor shall hold harmless, defend, and indemnify City of Stockton and its officers, officials, employees, and volunteers from and against all claims, damages, losses, and expenses including attorney fees arising out of the performance of the work described herein, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of the City of Stockton. This obligation is independent of, and shall not in any way be limited by, the minimum Insurance obligations contained in this agreement. These obligations shall survive the completion or termination of this agreement.

5. STANDARD PLANS AND SPECIFICATIONS. The performance of said work and the furnishing of said materials shall be executed in accordance with Section 8-1.04B of the City of Stockton Standard Specifications and Plans as adopted on September 27, 2016, by Council Resolution No. 2016-09-27-1213, effective September 27, 2016, and the provisions of the issued project specifications.

The Director of Public Works will furnish CONTRACTOR a weekly statement showing the number of days charged to the contract for the preceding week, the number of days specified for completion of the contract, and the number of days remaining to complete the contract. CONTRACTOR will be allowed one (1) week in which to file a written protest setting forth in what respects said weekly statement is incorrect, otherwise the statement shall be deemed to have been accepted by CONTRACTOR as correct.

6. WORKING DAYS. This work shall be diligently prosecuted to completion before the expiration of 80 WORKING DAYS beginning on the tenth calendar day after the date shown on the Notice to Proceed. It is agreed by the parties to the contract that in case all the work called for under the contract in all parts and requirements, is not finished or completed within the number of days as set forth, damage will be sustained by the CITY, and that it is and will be impracticable and extremely difficult to ascertain the actual damage which CITY will sustain in the event of and by reason of such delay; and it is therefore agreed that CONTRACTOR will pay to CITY the sum of FOUR THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($4,500.00) per day for each and every calendar day's delay in finishing the work in excess of the number of days prescribed; and CONTRACTOR agrees to pay said liquidated damages as herein provided, and in case the same are not paid, agrees that CITY, may deduct the amount thereof from any monies due or that may become due CONTRACTOR under the contract.

It is further agreed that in case the work called for under the contract is not finished and completed in all parts and requirements within the number of days as specified, the CITY shall have the right to increase the number of days or not, as may seem best to serve the interest of CITY, and if the CITY decides to increase the said number of days, the CITY shall further have the right to charge to CONTRACTOR, CONTRACTOR's heirs, EXHIBIT 2 Page 3 of 47
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Local Construction Contract – INSITUFORM TECHNOLOGIES, LLC – SOUTH TUXEDO AVENUE SEWER TRUNK REHABILITATION, PROJECT NO. UW23007 (Updated 10/18/23) assigns or sureties, and to deduct from the final payment for the work, all or any part, as may be deemed proper, the liquidated damages as specified or the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to the contract, and which accrue during the period of such extension, whichever is greater, except the cost of final surveys and preparation of final estimate shall not be included in such charges.

A working day shall not include, nor shall CONTRACTOR be assessed with liquidated damages nor the additional cost of engineering and inspection during any delay beyond the time named for the completion of the work caused by acts of God or of the public enemy, acts of CITY, fire, floods, epidemics, quarantine restrictions, strikes, and freight embargoes and subject to approval by the Director of Public Works, inability to get materials ordered by CONTRACTOR or subcontractor due to such causes provided that CONTRACTOR shall notify the Director of Public Works in writing of the causes of delay within five (5) working days from the beginning of any such delay, and the Director shall ascertain the facts and the extent of the delay, and Director's findings of the facts thereon shall be final and conclusive.

If CONTRACTOR is delayed by reason of alterations made in these specifications, or by any act of the Director of Public Works or of the CITY, not contemplated by the contract, the time of completion shall be extended proportionately and CONTRACTOR shall be relieved during the period of such extension of any claim for liquidated damages, engineering or inspection charges or other penalties. CONTRACTOR shall have no claim for any other compensation for any such delay.

7. 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 Contract on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.
a. TITLE VI
Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” (42 USC Section 2000d)
http://www.dol.gov/oasam/regs/statutes/titlevi.htm.

The City of Stockton requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source. b. DISCRIMINATION AND HARASSMENT POLICY
The City of Stockton has a Discrimination and Harassment Policy (Exhibit C). The purpose of this policy is to reaffirm the CITY’s commitment EXHIBIT 2 Page 4 of 47
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Local Construction Contract – INSITUFORM TECHNOLOGIES, LLC – SOUTH TUXEDO AVENUE SEWER TRUNK REHABILITATION, PROJECT NO. UW23007 (Updated 10/18/23) to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace, to define the types of behavior and conduct prohibited by this policy, and to set forth a procedure for reporting, investigating, and resolving complaints of discrimination and harassment in the workplace. c. LABOR STANDARDS PROVISIONS/CALIFORNIA LABOR CODE
The bidder shall understand that conditions set forth in Chapter 1, Part 7, Division 2 of the California Labor Code shall be considered part of the contract agreement.
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=LA B&division=2.&title=&part=7.&chapter=1.&article=2.
d. PREVAILING WAGE
CONTRACTOR and any subcontractor shall pay each employee engaged in the trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has determined the general prevailing rates of wages and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093 and similar purposes applicable to the work to be done. CONTRACTOR performing the work under this contract shall obtain a copy of the wage rate determination and shall distribute copies to each subcontractor. As the wage determination for each craft reflects an expiration date, it shall be the prime CONTRACTOR and each subcontractor's responsibility to ensure that the prevailing wage rates of concern is current and paid to the employee.
i. The CONTRACTOR performing the work shall be responsible for obtaining a copy of the State wage rate determination. State wage rates may be obtained at
http://www.dir.ca.gov/OPRL/pwd/Determinations/Northern/Northern.pdf.

The CONTRACTOR shall be responsible for posting said wage rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work.
ii. Should the CONTRACTOR choose to work on a Saturday, Sunday or on a holiday recognized by the Labor Unions, the CONTRACTOR shall reimburse the CITY the actual cost of engineering, inspection, superintendence, and or other overhead expenses which are directly chargeable to the contract. Should such work be undertaken at the request of the CITY, reimbursement will not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, of the Labor Code of the State of California. To forfeit as a penalty to EXHIBIT 2 Page 5 of 47
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Local Construction Contract – INSITUFORM TECHNOLOGIES, LLC – SOUTH TUXEDO AVENUE SEWER TRUNK REHABILITATION, PROJECT NO. UW23007 (Updated 10/18/23) CITY the sum of TWENTY-FIVE AND NO/100 DOLLARS ($25.00) for each laborer, worker, or mechanic employed by CONTRACTOR, or by any subcontractor under CONTRACTOR, in the execution of this contract, for each calendar day during which any laborer, worker, or mechanic is required or permitted to work more than eight (8) hours and who is not paid the general prevailing rate of per diem wages for holiday and overtime work in violation of the provisions of Sections 1770 to 1781 of the Labor Code of the State of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract.
iii. The CONTRACTOR to whom the contract is awarded shall ensure that the prime and each subcontractor will in accordance with Section 1776 of the Labor Code, maintain certified payroll records. A copy of said records shall be provided with each invoice to the Public Works Department, Attention Contract Compliance Officer. It shall be the CONTRACTOR’S responsibility to obtain copies of the current prevailing wage rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code.
iv. The CONTRACTOR shall comply with the provisions established in Section 1777.5 of the Labor Code concerning the 1) certified approval by local joint apprenticeship committees for the employment and training of apprentices, and 2) contribution of funds to administer and conduct apprenticeship programs, if applicable to the job. e. LOCAL EMPLOYMENT ORDINANCE
Pursuant to Stockton Municipal Code Section 3.68.095 the CONTRACTOR and all subcontractors shall make a good faith effort to employ at least 50 percent of the workforce on this project from local residents, as measured by total labor work hours. Failure of any CONTRACTOR or subcontractor to comply with these requirements shall be deemed a material breach of the contract or subcontract. CONTRACTORS and subcontractors shall maintain records necessary for monitoring their compliance with section

3.68.095.
f. COMMUNITY WORKFORCE TRAINING AGREEMENT
Pursuant to the implementation of the Community Workforce Training Agreement (CWTA) adopted by the City Council on July 26, 2016, the successful bidder shall be required to comply with the provisions of CWTA. For any project subject to this Agreement, the Local Hire, Priority Apprentice and Workforce Development Program requirements shall apply in lieu of the requirements of Stockton Municipal Code Section 3.68.095 and EXHIBIT 2 Page 6 of 47
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Local Construction Contract – INSITUFORM TECHNOLOGIES, LLC – SOUTH TUXEDO AVENUE SEWER TRUNK REHABILITATION, PROJECT NO. UW23007 (Updated 10/18/23) no separate compliance with Section 3.68.095 will be required of the Contractors/Employers working on the project (Exhibit D). g. SANCTIONS
Deliverables must conform with all applicable federal, state, and local laws. Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities.

CITY agrees:

8. COMPENSATION. To pay CONTRACTOR for the work herein
contemplated in the following manner: Progress payments will be made on or about the first day of each calendar month, in such sum as shall make the aggregate of payment up to such day equal to ninety-five percent (95%) of the proportional contract price, upon the basis of the progress certificate of the Director of Public Works as to the amount of work done and the proportional amount of the contract price represented therefore; and all of the remaining part of the contract price not as aforesaid paid, shall be paid at the expiration of thirty-five (35) days from the completion of said work of construction and the certification by the Director of Public Works of such completion.

9. SECURITIES. Pursuant to Section 22300 of the Public Contract Code, CONTRACTOR will be permitted, at its request and sole expense, to substitute securities for any monies withheld by the CITY to ensure performance under the contract. Said securities will be deposited either with the CITY or with a State or federally chartered bank as escrow agent. Securities eligible for this substitution are those listed in Section 16430 of the California Government Code or bank or savings and loan certificates of deposit.

CONTRACTOR shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon.

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

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

Processing of change orders shall be in accordance with Section 4-1.05A of the City of Stockton Standard Specifications and Plans as adopted by Council on September 27, 2016, by Resolution No. 2016-09-27-1213, effective September 27, 2016, or as otherwise amended by Council. When the compensation for an item of work is subject to adjustment EXHIBIT 2 Page 7 of 47
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under the provIsIons of Standard Specifications and Plans, Section 4-1.05A, CONTRACTOR shall, upon request, promptly furnish the Engineer with adequate detailed cost data for such item of work.

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

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

CONTRACTOR further agrees to maintain such records for a period of three (3) years after final payment under the contract.

12. WAIVER. It is expressly understood and agreed by and between the parties hereto that a waiver of any of the conditions of this contract shall not be considered a waiver of any of the other conditions thereof.

It is further understood and agreed by and between the parties hereto that time is of the essence of this contract in all respects.

IN WITNESS WHEREOF, the parties hereto have hereunto affixed their hands and seals the day and year first above written.

ATTEST: CITY:

KATHERINE ROLAND, CMC, CPMC

CITY CLERK
By: ___________ _
APPROVED AS TO FORM & CONTENT:

LORI M. ASUNCION

OFFICE OF THE CITY ATTORNEY
By:------------- ASSISTANT CITY ATTORNEY
By: ____________ _

STEVE COLANGELO

INTERIM CITY MANAGER
Whittney Schulte, Contracting & Attesting Officer
13-3032158
Tax Identification No.

Local Construction Contract - INSITUFORM TECHNOLOGIES, LLC - SOUTH TUXEDO AVENUE SEWER TRUNK REHABILITATION, PROJECT NO. UW23007 (Updated 10/18/23)

EXHIBIT 2
923
EXHIBIT A EXHIBIT 2 Page 9 of 47
924
REV 2024-03-25

SOUTH TUXEDO AVENUE SEWER TRUNK REHABILITATION, PROJECT NO. UW23007 Insurance Requirements
(Construction Contracts)
Contractor shall procure and maintain for the duration of the contract, and for five (5) years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors.

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

1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $5,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $5,000,000 per accident for bodily injury and property damage.

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

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

5. Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions.

6. Surety Bonds as described below.

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

EXHIBIT B EXHIBIT 2 Page 10 of 47
925
REV 2024-03-25

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

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

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

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

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

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

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

EXHIBIT B EXHIBIT 2 Page 11 of 47
926
REV 2024-03-25

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

Builder’s Risk (Course of Construction) Insurance
Contractor may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the City of Stockton as a loss payee as their interest may appear.

If the project does not involve new or major reconstruction, at the option of the City of Stockton, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the City of Stockton’s site.

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

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

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

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

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

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

Umbrella or Excess Policies
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 EXHIBIT B EXHIBIT 2 Page 12 of 47
927
REV 2024-03-25

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

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

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

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

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

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

EXHIBIT B EXHIBIT 2 Page 13 of 47
928
REV 2024-03-25

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

Surety Bonds
Contractor shall provide the following Surety Bonds:

1. Bid Bond

2. Performance Bond

3. Payment Bond

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

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

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

City of Stockton
Its Officers, Officials, Employees and Volunteers
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
EXHIBIT B EXHIBIT 2 Page 14 of 47
929
Subject:

CITY OF STOCKTON, CALIFORNIA

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

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

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

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

D. All City employees and non-employees share a responsibility to assist in EXHIBIT C EXHIBIT 2 Page 15 of 47
930
Subject:

CITY OF STOCKTON, CALIFORNIA

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

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

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

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

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

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

EXHIBIT C EXHIBIT 2 Page 16 of 47
931
Subject:

CITY OF STOCKTON, CALIFORNIA

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

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

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

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

B. "Harassment," as used in this policy, consists of any conduct affecting another person because of his or her race, religious creed, color, national origin, ancestry, military and veterans status, physical or mental disability, medical condition, genetic characteristics or information, denial of family and medical care leave, marital status, sexual orientation, sex (including gender, gender identity, gender expression, transgender, pregnancy, childbirth and breastfeeding), political affiliation, age (40 and older), concerted labor activity, or any other category or attribute identified under state and federal law when such conduct has the purpose or the effect of: (1) creating an intimidating, hostile or offensive work environment; (2) unreasonably interfering with the employee's or non-employee's work performance; or (3) EXHIBIT C EXHIBIT 2 Page 17 of 47
932
Subject:

CITY OF STOCKTON, CALIFORNIA

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

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

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

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

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

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

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

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

2. Submission to or rejection of such conduct is used as a basis for employment decisions affecting the individual; or
EXHIBIT C EXHIBIT 2 Page 18 of 47
933
Subject:

CITY OF STOCKTON, CALIFORNIA

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

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

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

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

EXHIBIT C EXHIBIT 2 Page 19 of 47
934
Subject:

CITY OF STOCKTON, CALIFORNIA

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

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

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

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

3. Testifies in a proceeding concerning such violation;

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

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

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

IV. REPORTING AND COMPLAINT PROCEDURES
A. Immediate Action Required
The City's reporting and complaint procedures provide for an immediate, thorough and objective investigation of discrimination or harassment claims, appropriate disciplinary action taken against any person found to have engaged in prohibited behavior, and appropriate alternative remedies to any EXHIBIT C EXHIBIT 2 Page 20 of 47
935
Subject:

CITY OF STOCKTON, CALIFORNIA

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

1. Employee's and Non-Employee's Responsibilities when Subjected to Discrimination and/or Harassment
a. Employees or non-employees who believe they have been subjected to discrimination or harassment, or are aware of discrimination or harassment against others, shall report the situation immediately to his/her supervisor or manager, except as specified in subsection (b), below. Employees and nonemployees shall report any such incidents occurring in the workplace, whether committed by coworkers, supervisors or managers, or third persons doing business with the City, such as customers or vendors, or other non-employees. If
comfortable doing so, an employee or non-employee who has a complaint of discrimination or harassment is encouraged to directly inform the person(s) engaging in the behavior that such conduct is offensive and insist the behavior to stop.
b. Employees and non-employees must immediately contact a supervisor or manager to register a complaint of discrimination or harassment, unless that supervisor or manager is the individual engaging in the unwanted behavior. In that case, the employee or non-employee may contact someone at the next supervisory level. If the employee or non-employee feels uncomfortable dealing directly with his or her immediate supervisor or manager, he or she may contact the department head, or the Director of Human Resources (or either of their designees) to register a complaint of discrimination or harassment.
c. Employees and non-employees may file a formal complaint of harassment or discrimination with their department head or EXHIBIT C EXHIBIT 2 Page 21 of 47
936
Subject:

CITY OF STOCKTON, CALIFORNIA

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

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

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

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

EXHIBIT C EXHIBIT 2 Page 22 of 47
937
Subject:

CITY OF STOCKTON, CALIFORNIA

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

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

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

V. INVESTIGATION PROCEDURES
A. Determination of Responsibility for Investigation
If a formal complaint is filed with the department head or the Director of Human Resources (or either of their designees), the department head and the Director of Human Resources shall consult with one another to determine whether the department or Human Resources shall conduct the fact-finding investigation into the allegations. Either the department head or the Director of Human Resources (or either of their designees), depending on who is EXHIBIT C EXHIBIT 2 Page 23 of 47
938
Subject:

B.

CITY OF STOCKTON, CALIFORNIA

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

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

1. Identify and preserve the evidence.

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

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

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

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

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

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

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

9. Ascertain whether the complainant has spoken to anyone, especially EXHIBIT C EXHIBIT 2 Page 24 of 47
939
Subject:

CITY OF STOCKTON, CALIFORNIA

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

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

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

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

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

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

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

15. Conduct follow-up interviews, if warranted.

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

VI. RESPONDING TO THE COMPLAINT
A. Following the completion of the fact-finding investigation, either the department head or the Director of Human Resources (or either of their designees), depending on who is responsible for the investigation, shall EXHIBIT C EXHIBIT 2 Page 25 of 47
940
Subject:

CITY OF STOCKTON, CALIFORNIA

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

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

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

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

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

2. Unfounded: The investigation proved that the act(s) or omission(s) EXHIBIT C EXHIBIT 2 Page 26 of 47
941

CITY OF STOCKTON, CALIFORNIA

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

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

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

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

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

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

VIII. ALTERNATIVE REMEDIES
If upon exhausting all internal remedies to file, investigate, and respond to a charges of discrimination/harassment, pursuant to title VII of the Federal Civil Rights Act of 1964 (42 U.S.C §§ 2000e et seq.), any person has a right to file a charge of discrimination/harassment with the Equal Employment Opportunity Commission ("EEOC"). In addition, pursuant to the California Fair Employment and Housing Act (Gov. Code §§ 12900 - 12996.) a person may also file a complaint of discrimination/harassment with the California Department of Fair Employment and Housing ("DFEH"). Employees or non-employees who believe that they have been subjected to discrimination/harassment may file a complaint with either of these EXHIBIT C EXHIBIT 2 Page 27 of 47
942

CITY OF STOCKTON, CALIFORNIA

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

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

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

APPROVED:
c:r��SON

CITY MANAGER
::ODMA\GRPWISE\COS.PER.PER_Library:96180.1
EXHIBIT C EXHIBIT 2 Page 28 of 47
943
Attachment A

COMMUNITY WORKFORCE AND TRAINING

AGREEMENT

FOR THE CITY OF STOCKTON
INTRQDUCTIQN/FINDINC.S
The purpose of this Agreement is to promote efficiency of construction operations performed for and within the City of Stockton and to provide for peaceful settlement of labor disputes and grievances without strikes or lockouts, thereby promoting the public interest in assuring the timely and economical completion of the projects subject to this Agreement, and to support the efforts of the City to increase employment opportunities for workers who reside in Stockton, to help increase training and employment opportunities for the City's students in the construction trades through apprenticeship and pre-apprentice programs as the students graduate from the City's schools.

WHEREAS, the City adopts a five-year Capital Improvement Plan that identifies the public projects necessary to maintain and improve the physical properties of the City, including buildings, parks, entertainment venues, golf courses, utility systems, the transportation system and other facilities; and
WHEREAS, the City unde1takes and anticipates undertaking many of the projects identified in tl1e current and proposed Capital Improvement Plan and other City public works projects that involve significant construction costs in excess of threshold set forth in this Agreement; and
WHEREAS, the City Council has determined that the successful and cost-effective completion of these Capital Improvement Plan projects and other major City public works projects is of the utmost importance to the City and its taxpayers and the residents it serves; and WHEREAS, the City has determined that applying the same Agreement to the Capital Improvement Plan and other public works construction projects that exceed the threshold set forth in this Agreement during the term of this Agreement will provide efficiencies for the City and its contractors; and
WHEREAS, large numbers of workers of various skills will be required in the perfonnance of the construction work, including those workers represented by Unions affiliated with the San Joaquin Building and Construction Trades Council ("the Council") and employed by contractors and subcontractors who are signatory to agreements with said labor organizations; and WHEREAS, it is recognized that projects with multiple contractors and bargaining units on the job site at the same time over an extended period of time, the potential for work disrnption is substantial without an overriding commitment to maintain continuity of work; and 3238-0l?jj 1
EXHIBIT D EXHIBIT 2 Page 29 of 47
944
Attachment A
WHEREAS, the interests of the general public, the City and the Contrnctor(s)/Employer(s) would be best served if the construction work proceecled in an orderly mallllcr without disruption due to labor disputes; and
WHEREAS, the Contractor(s)/Emp!oyer(s) and the Unions desire to mutually establish and stabilize wages, hours and working conditions for the workers employed 011 the construction projects subject to this Agt·eement in order to pl'omote a satisfactory, continuous and harmonious relationship among the parties to this Agreement; and
WHEREAS, imemployment rates In Stockton have been consistently higher than in California as a whole and statistics indicate that the higher unemployment level in Stockton com:lates to a higher number of families living in poverty and to a higher crime rate; and WffitREAS, due to the lack of jobs, much of the work fol'ce residing in Stockton is forced to commute long distances to find work, causing increased traffic, increased pollution, and other serious environmental impacts; and
WHEREAS, because of the sho1tage of local jobs, many residents of Stockton must leave for work very eal'ly in the moming and return late in the evening, often leaving children and teenagers alone and unsupervised during the clay; and
WHEREAS, absentee parents and unsupervised youth can result in increased problems for families, communlties, and the City as a whole; and WHli1REAS, the contracts for the construction of the projects will be awarded in accordance with the applicable provisions of the California State Public Contract Code and state, local and federal laws and regulations; and
WHEREAS, the City has Uie absolute right to select the lowest responsive and responsible bidder for the award of construction contracts on U1e projects; and WHEREAS, the parties signatory to this Agreement pledge their full good faith and trust to work towards mutually satisfactory completion of the Capital Improvement Plan pl'ojects and other major City public works projects that will be subject to this Agreement; and

NOW, THEREFORE, IT IS AGREED BETWEEN AND AMONG THE PARTIES HERETO, AS llOLLOWS:

ARTICLE I

DEFINITIONS

1. l. "Agreement" memis this Community Workforce and Training Agreement.

1.2 "City" means the City of Stockton and its public employees, including managerial persolll1el.
32l&-011fi 2
EXHIBIT D EXHIBIT 2 Page 30 of 47
945
Attachment A

1.3 "Contrnctor(s)/Employer(s)" or "Contractor" means nny indivi<lual, firm, partnership or corporation, or combination thereof, includingjoint ventures, that is an independent bl1siness enterprise and has entered into a contract with the City or Project Manager or any of its contractorn 01· subcontractors of any tier, with respect to the construction of any prut of the Project under contract terms and conditions approved by the City and which incorporate this Agreement,

1.4 "Construction Contract" means a contract awarded by the City for public work within the meaning of Chapter 1 (commencing with Section 1720) of P11117 of Division 2 of the California Labor Code.

1.5 "Project" means any construction project of the City whose value as determined by the higher of the engineer's estimate of the total cost of the project or the actual cumulative bid runounts submitted by the contractor or contractors aw111·ded the Construction Contracts for the Project, exceeds one million dollars ($1,000,000), By mutual consent of the City and the Council, ·this threshold amount may be reduced to !Ill amount not below two hundred and fifty thousand dollru·s ($250,000) after one year from the effective date of this Agreement.

1.6 "Union" or "Unions" means the San Joaquin Building and Construction Trades Council, AFL-CIO ("the Council") !llld any other labor organization, including those affiliated with the Council, signatory to this Agreement, acting in their own behalf and on behalf of their respective affiliates !llld member organization whose nrunes are subscribed hereto and. who have through their officers executed this Agreement ("Local Unions").

1.7 "Stockton Resident" means a resident of the City of Stockton as defmed by Stockton Municipal Code Section 3.68.095(1)(3).
1,8 "Local Arca Resident" means !Illy Stockton Resident or any individual domiciled within the boundaries of San Joaquin County according to the criteria set forth in Stockton Municipal Code Section 3.68.095(1)(3) for Stockton Residents.

1.9 "Prnjeot Manager" me11ns the business entity 01· City employee designated by the City to oversee all phases of construction on the Project.

1. 10 "Master Agreement" or "Schedule A" means tho Master Collective Bargaining Agreement of each craft union signatory hereto, which shall be on file with the City.

1.11 "Completion" means that point at which the City accepts a project at issue by filing a Notice of Completion, or as otherwise pmvided by applicable state law. "Punch List" items and any other work within the scope of this Agreement not completed prior to commencement of revenue service shall nonetheless be included within the scope of this Agrnement. It is understood by the parties that portions of the Project may be completed in phases and Completion of any such phase may occur prior to Completion of the Project. 3238-017] 3
EXHIBIT D EXHIBIT 2 Page 31 of 47
946

ARTICLE II

SCOPE OF AGREEMENT

2.1 Parti(Jl!: The Agreement shall apply and is limited to the City and all Attachment A
Contractor(s)/Employer(s) performing constmction contracts on the Project, including surveying and on-site testing and inspection where such work is traditionally covered by a Master Agreement with a Uniou, and the Council and any other labor organization signatory to this Agreement, acting in their own behalf and on behalf of their respective affiliates and member organizations whose names are subscribed hereto and who have through tholl' officers executed this Agreement. 2,2 Project Description: The Agreement shall govern the award of all Construction Contracts identified by the City as part of the Project. The City has the absolute right to combine, change, consolidate, suspend or cancel Constmction Contract(s) 01· portions of Construction Contrnct( s) identified as part of the Prnj ect. Should the City suspend or remove any individual contract from the Project and thereafter authorize that constmctio11 work be commenced 011 such contract, then such contrnct shall be performed under the terms of this Agreement. Once a Construction Contract is completed it is no longer covered by this Agreement except when a Contractor is clirected to engage in repairs, wa!Tanty work or modifications required by its Co11strnctlon Contract with the City. For the purposes of this Agreement, a Construction Contrnct shall be considered Completed as set forth in Section 1.11 of this Agreement.

2.3 Covered Work: This Agreement covers, without limitation, all site preparation, surveying, on-site construction, alteration, demolition, installation, improvement, painting or repair of buildings, structures, modular furniture installatio11S, and other works and relatecl activities for the Project that is within the craft jurisdiction of one of the Unions and that is part of the Project, including, without limitation to the following examples, geotechnical and exploratory drilling, temporary HV AC, landscaping and temporary fencing, pipelines (including those in linear corddors built to serve the Project), pumps, pump stations, on-site soils and material inspection and testing, and demolition of any existing stmctures required to be performed to complete the Project. This Agreement shall apply to any stait-up, calibration, commissioning, performance testing repair, and operational revisions to systems and/or subsystems for the Project performed after completion, unless it is performed by City employees.

On-site work includes w01-k done for the Project in tempornry yards or areas adjacent to tho Project, and at any on-site or off�site batch plant constructed solely to supply materials to the Project, This Agreement covers nil onsite fabrication work over which the City or any Contractor(s)/Employer(s) possess the right of control (including work done for the Project in any temporary yard or area established for the Project.) This Agreement also covern all off-site work, including fabrication trailitionally perfonned by the Unions, that is part of the Project, provided such off-site work is covered by a curl'ent "Master Agreement" or local addenda to a National Agreement of the applicable Union(s) that is in effect as of the execution date of this Agl'eement. The ftn11lshlng of supplies, equipment or matetials which am stockpiled fot· later use shall not be considered Covered Work; however, the delivery of ready-mix, asphalt, aggregate, sand or other fill material which are directly incorporated into the constrnction process as well as the off-hauling of debris and excess fill, material and/or mud shall be covered by the terms and conditions of this Agreement. Contractor(s)/Employer(s), including brokers, of persons providing constrnotion tmcking work shall prnvidc certified payroll records te the City within ten (10) days of a wdtten request or as requirccl by bid specifications, 3238-017jj 4
EXHIBIT D EXHIBIT 2 Page 32 of 47
947
Attachment A

2.4 Exclusions from Covered Work
2,4.1 The Agreement shall be limited to construction work on the Project and is not intended to, and shall not affect or govern the awm·d of public wotks contracts by the City wl1ich are not a part of the Project.
2,4.2 The Agreement shall not apply to a Contractor's/Employer's nonconstmction craft employees, including but not limited to executives, managerial employees, engineering employees and supervisors above the level of Oeneml Foreman ( except those covered by existing Master Agreements), staff engineers or other professional engineers, administrative and management persotmel.

2.4.3 This Agreement shall not apply to work by employees of the City,

2.4.4 This Agreement shall not apply to any work performed on or near 01· leading to the site of work covered by this Agreement that is undertaken by state, county, City or other governmental bodies or their contractors; or by public or private utilities 01· their contractors that is not part of the Project.

2.4.5 This Agreement shall not apply to the Project whet·e the At,,•reement is prohibited by state or federal law or where the el(press conditions for the receipt of non-de minhnis state or federal funding prohibit the City from applying this Agreement to the Project. 2,5 Proiect Labor Disputes: All Project labor disputes involving the application or inte1pretationofthe Master Agreement to which a signatory Contractor(s)/Employer(s) and a signatory Union are parties shall be resolved pursuant to the resolution procedures of the Master Agreement. All disputes relating to the interpretation or application of this Agreement shall be subject to resolution by the Grievance Committee and the Grievance and Arbitration Procedure set forth in Article XII,

2.6 Work covered by this Agreement within the following craft jurisdictions shall be performed tmder the terms of their National Agreements as follows: the National Transient Lodge ("NTU') Articles of Agreement, the National Stack/Chimney Agreement, the National Cooling Tower Agreement, and the National Agreement of Elevator Constmctors, and any instrument calibration work and loop checking shall be performed under the terms of the UA/lBEW Joint National Agreement for Instrnment and Control Technicians, with the exception that Articles IV, XII, XIII of this Agreement shall apply to such work.

2.7 Award ofConll'Ucts. It is understood and agreed that the City has the absolute right to select any qualified bidder for the award of contracts under this Agreement. The bidder need only be willing, ready and able to execute and comply with this Agreement. It is further agreed tlmt this Agreement shall be included in all invitations to bid 01· solicitations for proposals from contractors or subcontractors for work on the Project that are issued on and after the effective date of this Agreement.
3238-0l7Ji 5
EXHIBIT D EXHIBIT 2 Page 33 of 47
948

ARTICLE III
EFFECT OF AGREEMI�NT
Attachment A
3 .1 By executing the Agt·eement, the Unions and the City agree to be bmmd by each and all of the provisions of the Agreement.
3 .2 This Agreement shall be included as a condition of the award of Constniction Contracts fol' the Project. By accepting the award of a Constrnction Contract for the Project, whether as contractor or subcontractor, the Contractor(s)/Employer(s) agrees to be bound by each and every provision of the Agreement ancl agrees that it will evidence its acceptance prior to the commencement of work by executing the Agrnement to be Bound in the form attached hereto as Addendum A.

3.3 At the time that any Contrnctor(s)/Employer(s) enters into a subcontract with any subcontractor providing for the performance of a Constrnction Contract, the Contractor(s)/Emp!oyer(s) shall provide a copy of this Agreement to said subcontractor and shall require the subcontractor as a part of accepting an award of a constrnctfon subcontract to agree in w1'iting, to be bound by each and every provision of this Agreement prior to the commencement of work by executing tl1e Agreement to be Bound in the form attached hereto as Addendum A. 3 .4 This Agreement shall only be binding on the signatory patties hereto, their successors and assigns, and shall not apply to the parents, afl1Iiates, subsidiaries, or other ventures of any such party. Each Contractor shall alone be liable and responsible for its own individual acts and conduct and for any breach or alleged breach of this Agreement, Any dispute between the Union(s) ancl the Contmctor(s) respecting compliance with the terms of the Agreement, shall not affect the rights, liabilities, obligations and duties between the signatory Union(s) and other Contractor(s)/Employer(s) patty to this Agreement.

3.5 It is mutually agreed by tho parties that uny liability by a signatory Union to this Agreement shaU be several and not joint. Any alleged breach of'this Agreement by a signatory Union shall not affect the rights, liabilities, obligations and duties between the signatory Contractor(s) and the other Union(s) party to this Agreement,

3.6 The provisions of this Agreement, including the Master Agreements of the Local Unions having jurisdiction over the work on the Pmject, incorporated herein by reference, shall apply to the work covered by this Agreement, notwithstanding the provisions of any other locii\, area and/or national agreements which may conflict with or differ from the terms of this Agree111e11t. Where a subject covered by the provisions of this Agreement is also covered by a Master Agt·eement, the provisions of this Agreement shall prevail. Where a subject is covered by the provisions of a Schedule A and is not covered by this Agreement, tl1e provisions of the Master Agreement shall prevail.

ARTICLE IV
WORK STOl'PaGRS. STRIKES, SYMPATHY

STRIKES AND J,,OCKOUTS

4.1 The Unions, City and Contractor(s)/Employe1·(s) agrne that for the duration of the Project:
32l8-017jj 6
EXHIBIT D EXHIBIT 2 Page 34 of 47
949
Attachment A
(1) There shall be no strikes, sympathy strikes, wot1c stoppages, picketing, hand billing 01· othe1wise advising the public that a labor dispute exists, or slowdowns of any kind, for any reason, by the Unions or employees employee! on the Prnject, at the job site of the Project or at any other facility of the City because of a dispute on the Project. Nor shall the Unions or any employees employed on the Project participate in any strikes, sympathy strikes, work stoppages, picketing, hand billing, slowdowns, or otherwise advising the public that a labor dispute exists at the johsite of the Project because of a dispute between Unions and Contractor(s)/Employer(s) on any other project. It shall not be considered a violation of this Article iflabor is withheld by a Union due to lack of payments to a Tmst Fund or failure to make payroll on the Project. Nothing stated in this Agl'eement shall prevent Unions from participating in the actions mentioned in this section on jobsites other than the Project jobsite because of disputes between the Unions and Contractor(s)/Employer(s) on projects other thru1 the Project, (2) As to employees employed on the Pl'Oject, there shall be no lockout of any kind by a Contactm(s)/Employer(s) covered by the Agreement. (3) If a Master Agreement between a Contractor(s)/Employer(s) and the Union expires befo1·e the Contractor(s)/Employer(s) completes the performance of a Construction Contract for work covered under this Agreement and the Union or Contractor(s)/Employer(s) gives notice of demands for a new or modified Master Agreement, the Union agrees that it will not strike the Contractor(s)/Employer(s) on said contract forwoi'lc covered under this Ag1·eement and the Union and the Contractor(s)/Employer(s) agree that the expired Master Agreeme11t shall continue in full force and effect for work covered under this Agreement until a new or modified Master Agreement is reached between the Union and Contl'llctor(s)/Employer(s). If the new or modified Master Agreement reached between the Union and Contractor(s)/Employer(s) provides that any tem1s of the Master Agreement shall be retroactive, the Contractor(s)/Employer(s) agrees to comply with any retroactive terms of the new or modified Master Agreement which is applicable to employees employed on the Project within seven (7) clays aner the effective date of the new or modified Mastei· Agreement,

4.1. 1, Notification: If the City contends that any Union has violated this Article, it will notify in writing (including email) the Senior Executive of the Cotmcil imd the Senior Executive of the Union, setting forth tho facts alleged to violate the Atticle, prior to instituting the expedited arbitration procedure set forth below, The Senior Executive of Council will inunediately use his/her best efforts to cause the cessation of any violation of this Atticle. The Senior Executive of the Union will immediately infotm the membership of their obligations under this Atticle. A Union complying with this obligation shall not be held responsible for unauthorized acts of employees it represents.

4.2 Expedited Arbitration: Any party to this Agreement shall institute the following procedure, prior to initiating any other action at law 01· equity, when a breach of this Article is alleged to have occurred:
(1) A party invoking this proceduro shall notify Robert Hirnch, as the permanent arbitrntor, or, William Riker, as the altemate uncler this procedure, In the event that the permanent arbitrator is unavailable at any time, the altemate will be contacted, If neither is available, then a selection shall be macle from the list of arbitrators in Article XII. Not.ice to the arbitmtor shall be 3238-017] 7
EXHIBIT D EXHIBIT 2 Page 35 of 47
950
Attachment A
by the most expeditious means available, with notices by facsimile, electronic mail or telephone to the party alleged to be in violation, to the City, to the Council and to the involved Local Union if a Union is alleged to bo in violatio11,
(2) Upon receipt of said notice, tho City will contact the designated arbitrator named above or his alternate who will attempt to convene a hearing within twenty-four (24) hours if it is contended that the violation still exists, (3) The ru:hitrntor shall notify the parties by facsimile or telephone of the place and time for the hearing, Said hearing shall be completed in one session, which, with appropriate recesses at the al'bitrntor's discretion, shall 11ot exceed twenty-four (24) hours unless otherwise agreed upon by all parties, A failure of atly party to attend said hearings shall not delay the hearing of evidence or the issuance of any award by the arbill'ator, (4) The sole issue at the hearing shall be whether 01· not a violation of Article N, Section 4, l of the Agreement has occurred, The arbitrator shall have no authority to consider any matter of justification, explanation or mitigation of such violation 01· to awal'd damages, which issue is reserved for comt prnceedings, if any, The award shall be issued in writing within three (3) hoUl's after the close of the hearing, and may be issued without a written opinion, If any party desires a written opinion, one shall be issued within fifteen (15) days, but its issuance shatl not delay compliance with or enforcement of the award. The arbitrntor may order cessation of the violation of this Article and other appropriate relief and such award shall be served on all parties by ha1Jd or registered mail upon issuance,
(5) Such award may be enforced by any Court of competentjw'isdiction upon the filing of this Agreement and all other relevant documents l'eferred to above in the following mMner, Written notice of the filing of such enforcement proceedings shall be given to the othel' party. fu the proceeding to obtain a temporru·y order enforcing the arbitrator's award as issued under Section 4,2 of this Article, all parties waive the dght to a hearing and agree that such proceedings may be ex-pa>'te. Such agreement does not waive any patty's right to participate in a hearing for a final order or enforcement. The Comt's order or orders enforcing the arbitrator's award shall be servecl on all parties by hand or delivered by certified mail. (6) Any rights oreated by statute or law govoming arbitmtion proceedings inconsistent with the above prncedure, or which interfere with compliance, are waived by the parties,
(7) The foes and expenses of the arbitrator shall be divided equally between the party instituting the arhitration proceedings provided in this Article imd the paity alleged to be in breach of its obligation under this Article,
3238-01'/jj 8
EXHIBIT D EXHIBIT 2 Page 36 of 47
951

ARTICLEY
PRE-CONSTRUCTION CQNFicRENCE
Attachment A

5.1 The Project Munager shall convene a pre-constmction conference to be held at least fourteen (14) days pl'ior to the commencement of each construction phase, at a time and location mut,mlly agreeable to the Council. Such conference shall be attended by a representative each from the participating Contractor(s)/Employer(s) and Union(s) and the Project Manager.
5 .2 Review Meetings: In order to ensute the terms of this Agreement a1·e being fulfilled and all concerns pertaining to the City, the Unions, and the Contrnctors are addressed, the Project Manager, General Contractor and Senior Executive of the Council or designated representatives thereof shall meet on a periodic basis during the tet'm of constrnction. The City and the Council shall have the right to call a meeting of the appropriate parties to ensure the te1ms of this Agreement are being fulfilled.

ARTICIJ½-YI

NO DISCRIMINATION

6.1 The Contrnctol'(s)/Employer(s) and Unions agree to comply with all antidiscrimination provisions of fedornl, state and local law, to protect employees and applicants for employment, on the Project.

ARTIClJ<;VJI

UNION SECURITY

7.1 The Contractor(s)/Employer(s) l'ecognize the Union(s) as the sole bargaining representative of all craft employees woddng within the scope of this Agreement.

7.2 All employees performing work covered by Ibis Agreement shall, as a condltion of employment on or before the eighth (8th) cumulative day of employment on the Project, be responsible for the payment of the applicable periodic working dues and fees uniformly required for union membership in the Local Union that is a signatory to this Agreement for the dlll'ation of his or her employment on the l'l"Oject. Nothing in this Agreement is intended to prevent any nonunion employees from joining the Local Union.

7.3 Authorized representatives of the Unions shall have access to the Project whenever work covered by this Agreement is being, has been, or will be performed 011 the Project.

ARTICLE YIU

REFERRAL

8.1 Contractor(s)/Employer(s) performing construction work on the Project described in the Agreement shall, in filling craft job requirements, utilize and be bound by the registrntion facilities and referral systems established or authorized by the Local Unions ("Job Referral System"). Such Job Referral System shall be operated in a non-discdminatory manner and in full complitmce with all federal, state, and local laws and regulations, including those which require 323&-017] 9
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Attachment A
equal employment opportunities and non-discrimination. The Contractor(s)/Employer(s) shall have the right to reject any applic1.111t referred by the Uni.on(s), in accordance with the applicable Master Ag1·eement.

8.2 Tho Contractor(s)/Employer(s) shall have the unqualified l'ight to select and hire directly all supervisors above general foreman it considers necessary and desirable, without such persons being referred by the Union(s).

8.3 In the event that referral facilities maintained by the Union(s) are 1mable to fill the requisition of a Contractor(s)/Employer(s) for employees within a forty-eight (48) hour period (Satui·days, Sundays and Holidays excluded) after such requisition is made by the Contl'actor(s)/Employer(s), the Contractor(s)/Employer(s) shall be free to obtain work persons from any source. A Contractor who hires any personnel to perform covered work on the Project pursuant to this Section shall immediately provide the approp!'iate Union with the name and uddress of such employee(s) and shall immediately !'Ofer such employee(s) to the appropl'iate Union to satisfy the requirement� of Article VII of this Agreement.

8.4 Unions will exel't their utmost efforts to recrnit sufficient numbe!'s of skilled craft pe!'sons to fulfill the requirements of the Contractor(s)/Employel'(s). Recognizing the special needs of the Project and the acute shortage of sldlled craftspeople, the Unions shall consider a Contractor's request to transfer key employees to work on this Project in a mt1nner consistent with the Union's referral procedui·es.

8.5 The parties to this Agreement support the clevelopment ofincreasecl numbe!'s of skillecl construction wodcel's from the City of Stockton and Sau Joaquin County. To the extent allowed by law, and consistent with the Local Uniou's hiring hall provisions, and as long as they possess the requisite skills and quulifications, Local Area Residents, includingjoumeymen and apprentices, shall be referred for Project work covered by this Agreement.

ARTICLE IX

WAGES AND BENEFITS

9.1 All Contractors/Employers agree to pay contributions to the established vacation, pension and other form of deferred compensation plan, apprenticeship, ancl health benefit funds established by the applicahle Master Agreement for each hour worked on the-Project in the amounts designated in the Master Agreements of the appropriate Local Unions. 9,2 By signing this Agreement, the Contl'actor(s)/Employcr(s) adopts and agrees to be bound by the written terms of the legally established Tmst Agreements, as described in section 9,1, specifying the detailed basis on which payments are to be made into, and benefits paid out of; such Tn1st Fimds established by such appropriate local agreements. The Contrnctor(s)/Employer(s) authorizes the parties to such local trnst agreements to appoint trnster-s and succosso!' trnsteos to administer the tmst funds and hereby ratify and accept the trnstees so appointed as if made by the Contractor(s)/Employer(s).

9.3 Wages, How·s, Tel'!ns and Conditions of Employment: The wages, hours and other terms 1.111d conditions of employment on the Project shall be govemed by the Master Agreement of the respective crafts, copies of which shall be on filo with tho City to the extent such Master 323B•Ol7n 10
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Attachment A
Agreement is not inconsistent with this Agreement. All employees covered by this Agreement shall be classified and paid in accordance with the classification and wage scales contained in the appropl'iate local agreements which have been negotiated by the historically recognized bargaining entity and in compliance with the applicable general prevailing wage determination made by the Director of Industrial Relations pursuant to the California Labor Code.

9.4 During the period of construction on this Project, the Contractor(s)/Employer(s) agrees to recognize and put Into effect such increases in wages and recognized fringe benefits as shall be negotiated between the various Unions and the historically recognized local bargaining entity on the effective date as set forth in the applicable agreement. The Unions shall notify the Contractor(s)/Employer(s) in writing of the specific increases in wages and recognized fringe benefits and the date on which they become effective.

9.5 agreement.

Holidays: Holidays shall be in compliance with the applicable Schedule A

ARTICLEX
EMPLOYll)E GRIEVANCE PROCEDURE

10.1 All disputes involving discipline and/or discharge of employees working on the Project shall be resolved through the gdevance and arbitration provision contained in the Master Agreement for the craft of the affected employee. No employee wot:!dng on the Project shall be disciplined or dismissed without just cause.

ARTICLE XI
CQMJ!LIANCE
1 I.I It shall be U1e responsibility of tho Contractor(s)/Employer(s) and Unions to investigate and monitor compliance with the provisions of the Agreement contained in Article IX.

Nothing in this agreement shall be construed to interfere with or supersede the usual and customary legal remedies available to the Unions and/or employee benefit Tmst Funds to collect delinquent Tmst Fund contributions from Employers on the Project. The City shall monitor and enforce compliance with the prevailing wage requirements of the state and Contractors'/Employers' compliance with this Agreement.

ARTICLE XII
GRIEVANCE ARBITRA1JON PROCEDURE

12.1 The parties understand and agree that in the event any dis1mte arises out of the meaning, h1terpretation or application of the provisions of this Agreement, the same shall be settled by means of the procedures set out herein. No grievance shall be recognized unless the gl'ieving party (Local Union or City on its own behalf, or on behalf of an employee whom it represents, or a contrncto1· on its own behalf) provides notice in writing to the signatory party with whom it has a dispute witltln five (5) clays after becoming aware of the dispute but in no event more than thirty (30) days after it reasonably should have become aware of the event giving rise to the dispute. The time limits in this Section 12.1 may be extenclecl by mutual written agreement of the parties.
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Attachment A

12.2 Gl'ievances shall bo settled according to the following procedures:

Step 1: Within five (5) business days after the receipt of the written notice of the gl'ievance, the Business Representative of the involved Local Union or City, or his/her designee, or the representative of the employee, and the representative of the involved Contractor(s)/Employer(s) shall confer and attempt to resolve the giievance.

Step 2: In the event that the representatives are unable to resolve the dispute within the five (5) business days alter the meeting to resolve the dispute in Step 1, the Intemational Union Representative and the Contractor(s)/Employer(s) involved shall meet within seven (7) working days of the refel'l'al of the dispute to this second step to al1'ive at a satisfactory settlement thel'eof. Meeting minutes shall be kept by the Contrnctor, In the event that these representatives are unable to resolve the dispute after its referral to Step 2, either involved party may submit it within three (3) business days to the Grievance Committee, which shall meet within five (5) business days after such referral (or such lo11ge1· time as is i::m1tually agreed upon by all tejlreslmtritives on the Grievance Committee), to confer in an attempt to resolve the grievance, The Grievance Committee shall be comprisell of two (2) representatives of the City; and one (I) representative of the Project Manager, and three (3) representatives of the San Joaquin Building & Constmction Trades Council. If the dispute is not resolved within such time (five (5) business days after its referral or such longel' time as mutually agreed upon) it may be referred within five (5) business clays by either party to Step 3.

Step 3: lfthe grievance is not settled in Step 2 within five (5) business days, either party may request the dispute be submitted to arbitration or the time may be extended by mull.ml consent of both parties. Within five (5) business days after referral of a dispute to Step 3, tho representatives shall choose a mutually agreed upon arbitrator for final and binding arbitration. If the p81ties are unable to agree on 811 arbitrntor, 811 arbitrator shall be selected by the altemate striking method from the list of five (5) below, The order of striking names from the list of arbitrators shall he dete11nined by a coiu toss, the winner of which shall decide whether they wish to strike first or second. If any of the arbitrators listed below or in Article 4 is no longer wodcing as a labor arbitrator at the time of selection, the City and the Council shall mutually agree to a replacement. In addition, the City and the Council may mutlially agree to add additional arbitrators to those listed below. l. William Riker

2. Barry Winogarcl

3. Thomas Angelo

4. Robert Hirnch
S. William Engler

12.3 The Al'bitrator shall arrange for a hearing 011 the earliest available date from the elate of his/her selection. A decision shall be given to the parties within five (5) calendar days after completion of the hearing unless such time is extended by mutual agreement. A written opinion may be requested by a party from the presiding arbitrator. The decision of the Arbitrator shall be 32)8,01'/jj 12
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Attachmant A
final antl binding on all parties. The Arbitrator shall have no authority to change, amend, add to or detract from any of the provisions of' the Agreement. The expense of the Arbitrator shall be borne equally by both parties.

12.4 The time limits specified in any step of the Grievance Procedure set fotth in Section

12.2 may be extended by mutual agreement of the parties initiated by the written reqi1est of one party to the other, at the appropriate step of the Grievmce Procedure. However, failure to prncess a grievance, or failure to respond in writing witb.iu the time litnits provided above, without an agreed upon extension of time, shall be deemed a waiver of such gl'ievance without prejudice, or without precedent to the processing of and/or resolution of like or similar grievances or dispi1tes, In order to encourage the resolution of disputes and grievances at Steps I and 2 of this Grievance Prncedure, the parties agree that such settlements shall not be precedent setting.

ARTICLE XIII

WORK ASSIGNMENTS AND ,JURISWCTIQNAL DISPUTES

13.1 The assignment of Covered Work will be solelytheresponsibility of the Employer performing tho work involved; and such work assignments will be in accordance with the Plan fol' the Settlement of the Jurisdictional Disputes in the Construction Industry (the "Plan") or any successor Plan.
13 .2 All jurisdictional disputes on this Prnject between or among the building and constrnction trades Unions and the Employers parties to this Agreement, shall be settled and adjusted according to the present Plan established by the Building and Construction Trades Department or any other plan or method of procedure that may be adopted in the foture by the Building and Constrnction Trades Department. Decisions rendered shall be final, binding and conclusive on the Employers and Unions pruties to this Agreement. 13,3 If a dispute arising under this Atticle involves the Northern California Carpenters Regional Cmmcil or any of its subordinate bodies, an Arbitrator shall be chosen by the procedures specified in Article V, Section 5, of the Plan from a list composed of John Kagel, Thomas Angelo, Robert Hirsch, and Thomas Pagan, and the Axbitmto1·1
s hearing on the dispute shall be held at the
offices of the California State Building and Construction Trades Council in Sacramento, California within fourteen (14) days of the selection of the Arbitrator, All other procedures shall be as specified in the Plan,

13.4 All jurisdictional disputes shall be resolved without the occurrence of any strike, work stoppage, or slow-down of any nature am! the Employer's assignment shall be adhered to until the dispute ls resolved. Individual employees violating this section shall be subject to immediate discharge. Bach Employer will conduct a pre-job conference with the Council pl'io1· to commencing work. The Prnject Manager ru1d City will be advised in advance of all such conferences and may participate If they wish. P1·e-job c011ferences for different Employern may be held together.
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ARTICLE XIV MANAGEMENT
RIGHTS
Attachment A

14.1 The Contractor(s)/Employer(s) shall retain full and, exclusive authority for the management of their operations, including the right to direct theil' workforce in their sole discrntion. Except as provided by Section 2.3 and by the lawful manning provisions in the applicable Master Agreement, no rules, customs or pmctices shall be permitted or observed which limit or restrict production, 01· limit or restrict the working efforts of employees.

ARTICI,EXY

HELMETS TO HARDHATS
15, I The Contractor(s)/Employcr(s) and the Unions recognize a desire to facilitate the entry into the building and construction trades of veterans and members of the National Guard and Reserves who are interested in careers in the building and constrnction industry. The Contractor(s)/Employer(s) and Unions agree to utilize the services of the Center for Military Recruitment, Assessment and Veterans Employment (hereinafter "Center), a joint LaborManagement Cooperation Trnst Fund, established wider the authority of Section 6(b) of the Labor-Management Cooperation Act of 1978, 29 U.S,C. Section l 75(a), and Section 302(c)(9) of the Labor-Management Relations Act, 29 U.S.C, Sect
ion 186(c)(9), and a charitable tax exempt
organization under Section 50l(c)(3) of the Internal Revenue Code, and the Center's "Helmets to Harclhats" program to setve as a resource fo1· preliminary orientation, assessment of construction aptitude, referral to apprenticeship programs or hiring halls, counseling and mentoring, suppmt network, employment opportunities and other needs as identified by the parties,

15.2 The Unions and Contractor(s)/Employer(s) agree to coordinate with the Center to patticipate in an integrntecl database of veterans and members of the National Guard and Rese1ves interested in working on the Project and of apprenticeship and employment opportunities for this Project. To the extent permitted by law, the Unions will give credit to such veterm1s for bona fide, provable past experience,

15.3 Nothing in this Alticle shall be interpreted to preclude 1my Contractor(s)/Employer(s) that is uot signatory to a Master Agreement to utilize an altemative plan or program for recruiting, training and facilitating construction industry employment opportunities for militaty veterans and members of the National Guard and Rese1ves, Before utilizing such altemative prngrrun on the Project, such Contractor(s)/Em_ployor(s) shall prnvide the City with a description of such plan or program.

ARTTCLEXVI

DRUG & ALCOHOL TESTING

16.1 The use, sale, transfer, purchase 11nd/or possession of a controlled substance, alcohol and/or firearms at any time during the work clay is prohibited.

16.2 The Parties agree to recognize and use the Substance Abuse Program contained in each applicable Union's Schedule A.
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ARTICLE XVII

TERM SAVINGS CLAUSE
Attachment A
17 .1 The pal'ties agt'ee that in the event any article, provision, clause, sentence or word of the Agreement is determined lo be illegal or void as being in contravention of any applicable law, by a comt of competent jurisdiction, the remainder of the Agreement shall remain in full force and eflect. The parties further agree that if any article, provision, clause, sentence or word of the Agreement Is detennined to be illegal or void, by a court of competent jul'isdiction, the parties shall substitute, by mutual agreement, in its place and stead, an article, provision, clause, sentence or word which will meet the objections to its validity and which will be in accordance with the intent and purpose of the article, provision, clause, sentence or work in question. 17 .2 The parties also agree that in the event that a decision of a court of competent jurisdiction materially niters the terms of the Agreement such that the intent of the parties is defeated, then the entire Agreement shall be null and void.

17.3 If a court of competent jlll'isdiction determines that all 01· pmt of the Agreement is invalid and/or eajoins tho City from complying with all or part of its provisions and the City accordingly dete1mines that the Agreement will not be requil'ed as part of an award to a Contractor(s)/Employor(s), the unions will no longer be bound by the pmvisions of Article IV.

ARTICLE XYIU
LOCAL mnE, PRIORITY APl'RENCTICE AND WORKFORCE

DEVELOPMENT PROGRAM

18.1 The objective of the City in creating this Local Hit'e, Pdority Apprentice and Workforce Development Program is to e11hm1ce and encoLll'age employment opportunities for Stockton residents and to enable effective construction career pathways for Local Area Residents through California State approved Joint Apprenticeship Programs. To that end, as part of the Agreement, the City establishes goals for the hiring, training and retention of Local Area Residents.

18.2 Local Hire. The City establishes the following Local Hire goals and commitments:

18.2.1 The patties agree to make a good faith effort to refer on a pl'iority basis, consistent with the non-discriminatory referral procedures of the applicable Union, qualified and available, Local Area Residents for Project work. The parties agree to a goal that Stockton residents shall pe1form a minimum of 50% ofthe hours worked on the Project by the Contrnctors' total construction workforoe. In the event that a sufficient number of Stockton residents m·e not available to fulfill tho 50% local hire requirement, the next tier of residents shall come from anywhere in San Joaquin Cot111ty. The Contractor(s) shall make good faith efforts to reach this goal through the utilization of the Unions' hiring hall procedut·es. The Unions shall exercise theii' best efforts in their recmiting and training of Stockton 1·0s!dent workers and in utilizing their hil'ing hall procedures to facilitate this 50% goal.

18.2.2 The parties also recognize nm! support the City's commitment to provide opportunities for participation on the Project to Stockton businesses through the City's Local Business Preference Ordinance. fa fut1hernnce of this commitment, the parties agree that such 3238-017] 15
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Attachment A
Stockton contractors and subcont!'actors awarded work on the Project may request by name, and the Local Union will honor, l'eferxal of persons who have applied to the Local Union for Project work, and who demonstrate the following qualifications:
performed;
(!) possess any license required by state or federal law for the Project work to be (2) have wod,ecl a total of at least two thousand (2,000) hours in the construction craft during the prior two (2) years;
(3) were on the Contractor's active payroll for at least ninety (90) out of the one hundred and twenty (120) calendar days prior to the contract award; and
( 4) have the ability to perform safely the basic functions of the applicable trade; (5) are Stockton residents.

The Union will refe1• to such Contractor one journeyman employee from the hiring hall out-of-work list for the affected trade or craft, and will then refer one of such Contractor's "core" employees as a journeyman and shall repeat the process, one and one, until such Contractor's crew requirements me met 01· until such Contractor has hired five (5) "co1•e" employees, whichever occUJ·s first. Thereafter, all additional employees in the affected trade or craft shall be hired exclusively from the hiring hall out-of-work list(s). For the duration of the Contractor's work, the ratio shall be maintained and when the Contractor's workforce is reduced, employees shall be reduc�d in the same ratio of core employees to hiring hall referrals as was applied in the initial hiring.

18.2.3 The Contractor shall notify the appropriate Union of the name and social security number of each direct hire and each direct hire shall register with the Union's hiring hall and comply with Article VII before commencing Pmject work. If there is any question regmding an employee's eligibility under Section 18.2, the City, at a Union's request, shall obtain satisfactory proof of such from the Contractor.

18.3 Priority Apprenticeship and Workforce Development

18.3 .1 Recognizing the need to develop adequate numbers ofcompetent workers in the construction industry, the Contractor(s)/Employer(s) shall employ apprentices ofa California State approved Joint Apprenticeship Program in the respective crafts to perfo1111 such work as is within their capabilities and which is customarily performed by the crnft in which they are indentured. The apprentice ratios will be in complim1ce with the applicable prnvisions of the California Labor Code and Prevailing Wage Rate Determination.

18.3.2 The parties agree to a goal that 50% of apprentices employed on the Project shall be residents of the City of Stockton 01· other Local Area Residents. In achieving this goal, atrisk youth who reside in the following zip codes within ti1e City of Stockton, shall be given priority in the apprenticeship recruitment process: 95202, 95203, 95204, 95205, and 95206. If sufficient numbers of Stockton residents m·e not available, then a good faith effort will be made by the Unions to utilize residents of San Joaquin County. All apprentices reforrecl to Contrnctors under this 3238,017] 16
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Attachment A
Agreement shall be enrolled in State of California approvecl Joint Apprenticeship Progmms. Subject to any legal restrictions, the parties agree to a goal that apprentices will perform twenty percent (20%) of the total craft hours worked 011 the Project unless an applicable Maste1· Agreement provides for a greater percentage. The Unions agree to cooperate with the Contractors in furnishing apprentices as requested and they shall be properly supervised ancl paicl in accordance with the provisions of the applicable Master Agreement.

18.3,3 The Contractors and Unions shall make good faith efforts to reach the apprenticeship goals set forth in this Section 18.3 through the utilization of normal hiring hall and apprentice procedm·es iu1d, when appropriate, the identification of potentially qualified apprentices thl'ough community-based 01•ganlzatio11s wol'ldng in collaboration with the apprentice programs.

The Unions are committed to working with the Contractors and community based orgiu1izatio11s to achieve these goals. At least annually, the Unions and the City will each conduct a Community Career Fair to provide at-risk youth, veterans and others !U1 opportunity to learn about each craft and the process for entering their apprenticeship program. 18,4 Good Faith Efforts. A Contractor 01· subcontrnotor must take the following good faith steps to demonstrate that it ]ms made every effort to reach the Local Hire, Priority Apprenticeship and Workforce Development Progl'am goals of the City, The Contractor or subcontractor shall attend scheduled Pre-Job meetings held tmder this Agreement and shall submit written workforce projections and projected work hotll's 011 a craft-by-craft basis. 18,4.1 Within seven (7) calendat· days afler Notice to Proceed, the Contractor or subcontractor shall meet with the Unions and the City to present its plan for reaching the Local Hire, P1fority Apprenticeship and Workforce Development Program goals.

18.4.2 The Contractor or subcontractor shall notify the Project Manager of the City by U.S. Mail or electronic mail if a Union hiring hall cannot, upon reqllest by the Contractor or Sllbco11tractor, dispatch Local Area Residents to the Project. It shall be the responsibility of the Contmctor or subcontractor to t·etain all evidence of such good faith efforts.

18.4.3 The Contractor or subcontractor may use the "Name Call", "Rehire" or other available hiring hall procedures to reach the goals of this Article XVIII.

18.5 Enforcement, Compliance and Reporting

18.5.1 Contractors will be required to submit Certified Weekly l'ayrnlls to the City along with monthly workforce utilization reports documenting the Contractor's compliance with the requirements clescribed in Ibis Article. At a minimum, the monthly reports must include: 1) data on Stockton and Local Area Residents work hotll' utilization on the Project and Local Aren Residents; and 2) documentation showing any t'equests made to the Union clispatchers for Stockton residents lllld the Union's response to tho request.

18.5.2 The City staff shall .monitor the operntion of the Local Hire, Priority Apprenticeship 1111d Workforce Development Program and shall consider allegations of noncompliance with the goals stated in this Article. If there is a determination by the City that a Contractor or subcontractor has not complied with the goals or demonstrated good faith effotis to l238,0l7jj 17
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Attachment A
do so, the City and the Contractor or subcontractor shall meet and confer in order to identify necessary actions to resolve the issue and ensure a good faith effort to achieve the objectives of this Article.

18.5,3 For any Project subject to this Agreement, the Local Hire, Priority Apprentice and Workforce Development Program requirements of this Article shall apply in lieu of the requirements of Stockton Municipal Code Section 3,68,095 and no separate compliance with Section 3 ,68.095 will be required of the Contractors/Employers working on the Project.

ARTICLE
X!XIEBM

19. J This Agreement shall become effective 30 days after the day the City Council takes action to authorize its execution, and it shall continue in full force and effect for a period of three (3) yearn, at which time this Agreement may be considered for extension or renew!ll, The.terms of this Agreement shall applyto any Project that isbid or soUcited afl\lr the effective date and before the expiration of this Agreement. The Agreement shall continue to apply to any Project subject to this Agreement until the completion of all Covered Work on the Project,

CITY OF STOCKTON
Name: KURT 0, WILSON
Title: CITY MANAGER
:� Title: tlIIP.I\NliY fi{2 Sl'll'I 'J'O/'l�VJI\} el'C. / DANIEL CARDOZO I SAN JOAQUlN BUILDING AND CONSTRUCTION TRADES COUNCIL, AFLCIO COUNCIL ��J( ·--/& ;ne: 5q,,rr.' I( C\,f't.l
• �,z,lr.

Titlo: �e, ,re., t-� / ·n-,�_,
cu,0 re£
32Jll-017jJ fg
Date: 7S / fJ.'j / r • !Ip -"""t
EXHIBIT D EXHIBIT 2 Page 46 of 47
961
IUNJv[)JNS r/Mi�J.ctJ. duw/k
IEJectrica.l Workers# 595. itb...--- Sheet Metal W Olkers # I 04 oiun<l Uii!.ity/'L _ '3 55
� F G-t-m�(e)L_
l1J3-0l 7jJ 19
Attachment A
arpenters Regional
Council on behalfQfitselfand its
/.

Labory s #73
- -=s: I<�
Toams;tors #439
EXHIBIT D EXHIBIT 2 Page 47 of 47
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City of Stockton
Legislation Text
File #: 25-0674, Version: 1
COMMUNITY WELL-BEING PROJECT UPDATES: MOBILE COMMUNITY RESPONSE TEAM,

OPIOID SETTLEMENT AGREEMENTS, AND CARE SOLACE COORDINATION HUB SERVICES

RECOMMENDATION
Informational only; no action to be taken.

Summary
Informational updates will be presented by Community Medical Centers on these projects:

1. Care Link Mobile Community Response Team (MCRT) pilot project, funded by the American Rescue Plan Act (ARPA).

2. CMC Respite Center / Opioid Settlement Agreements (OSA) project, funded through the National Opioid Settlements.

An informational update will be presented by Care Solace on this project:

3. Care Solace Behavioral and Mental Health Care Coordination Services, funded through the National Opioid Settlements.

City of Stockton Page 1 of 1 Printed on 7/10/2025
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City of Stockton
Legislation Text
File #: 25-0721, Version: 1

AUTHORIZE APPROVAL OF FINDINGS AND RATIFY FINAL EXPENSES FOR THE SALVAGE

AND DISPOSAL OF THE DERELICT MOTOR VESSEL AURORA

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 support and justify an exception to the competitive bidding process.

2. Ratify the final expenses in the amount of $8,290,874.96 to Lind Marine of Vallejo, California, and associated contractors, for all costs related to the salvage and disposal of the derelict, motor vessel (M/V) Aurora.

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
On May 22, 2024, the derelict cruise ship, M/V Aurora, (built in Hamburg, Germany in 1955 and christened, Wappen von Hamburg) sank while moored along Empire Tract Road in the Delta. The sinking of the 297 ft., 2,500 ton vessel caused a significant spill of diesel fuel, engine oil and other pollutants into Little Potato Slough just upstream of the City’s water intake pump station (IPS). The pump station supplies raw water to the water treatment plant, which serves nearly 200,000 customers daily. Upon notification by the US Coast Guard, Municipal Utilities Department (MUD) staff immediately shut down the IPS to prevent contamination of the water supply, intake, and water treatment plant infrastructure. To accommodate the water shutdown, water was supplied from other available sources.

On May 23, 2024, a Unified Command, including the US Coast Guard (USCG), California Department of Fish & Wildlife Office of Spill Prevention Response, the San Joaquin County Sheriff’s Office, and City/MUD was established in response to the vessel sinking. The USCG, utilizing monies from the Federal Oil Spill Trust Fund, contracted with Global Diving and Salvage Inc., and gave directions to contain the spill, refloat the vessel, and remove petroleum and hazardous materials.

By June 24, 2024, the refloat of the M/V Aurora and initial pollution removal was accomplished but sinking and the release of additional pollutants into the waterway remained a significant concern.

Therefore, on June 27, 2024, the City Manager approved the request for emergency procurement authorization for MUD to secure a qualified contractor to remove and salvage the vessel.

On November 19, 2024, the City/MUD noticed its jurisdiction in accordance with the law provided under California Harbors and Navigation Code sections 550 & 551 and a Memorandum of Agreement City of Stockton Page 1 of 6 Printed on 7/10/2025
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File #: 25-0721, Version: 1
with San Joaquin County and the San Joaquin County Sheriff’s Office. This established the vessel as “Marine Debris”, which allowed the transfer of responsibility of the refloated vessel from the USCG to MUD for the removal and salvage the vessel. On final inspection and approval of the USCG, the dead ship tow was completed on December 21, 2024, and the M/V Aurora remained in drydock at Mare Island in Vallejo until pollutant abatement and all other salvage operations were completed on May 13, 2025.

Under Stockton Municipal Code section 3.68.070 and City Manager’s Emergency Contract and Procurement Policy (17.05.150), MUD is required to report to the City Council to ratify all project expenses. Staff recommend that the City Council ratify the final expenses for the removal and salvage of the M/V Aurora in the amount of $8,290,874.96.

DISCUSSION
Background
The City of Stockton already bears significant environmental burdens. CalEnviroScreen, a GIS map viewer tool maintained by the California Office of Environmental Health Hazard Assessment, shows that much of the Stockton Municipal area is in the high 90th percentile for adverse environmental burdens, indicating that these areas are among the most polluted areas in California. Many areas rate 99th percentile for Impaired Waters burdens. This is the worst one percent (1%) of water quality in the state.

The City has made major capital improvements to its drinking water supply and wastewater systems.

In 2012, Stockton invested $223 million to construct the Delta Water Supply Project, including an intake on the San Joaquin River at the southwest tip of Empire Tract, 13 miles of raw water pipeline, a 30 million gallon per day advanced water treatment plant, and six miles of treated water distribution pipeline to provide high-quality drinking water to customers within the City’s service area.

When the M/V Aurora, a decommissioned cruise ship, sank in the Delta on May 22, 2024, it was moored at the defunct Herman and Helen’s Marina along Empire Tract Road levee near the end of Eight Mile Road. The sinking of the 297 ft., 2,500 ton vessel caused a significant spill of diesel fuel, engine oil and other pollutants into the waters of Little Potato Slough just upstream of the City’s water intake pump station (IPS). The IPS supplies raw water for the water treatment plant, which serves about 200,000 customers daily. When notified of the spill, MUD operations staff shut down the IPS to prevent contamination of the water supply, intake, and water treatment plant infrastructure. The MUD relied on other sources of water supply for the service area.

A Unified Command, including the USCG, California Department of Fish & Wildlife Office of Spill Prevention Response, the San Joaquin County Sheriff’s Office, and City/MUD, was established on May 23, 2024, to respond to the vessel sinking and spill. The USCG, utilizing the Federal Oil Spill Trust Fund, contracted with Global Diving and Salvage Inc. to contain the spill, refloat the vessel, and remove petroleum and hazardous materials.

By June 27, 2024, the USCG completed the pollution removal including the lightering of 22,000 gallons of oily water and offloading of 3,100 gallons of household hazardous waste from the refloated vessel. According to the Unified Command’s spill response objectives, once the petroleum and waste was removed, the Unified Command’s involvement with the vessel was complete. However, the City of Stockton Page 2 of 6 Printed on 7/10/2025
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vessel remained a significant hazard and danger to present and future water quality in the slough, public health and the environment unless removed.

The vessel was inoperable and unfit for any use. The engines on board had not operated since the 1980s. Vessel inspections by the USCG revealed structural deterioration, mold, rotted wood, rustedthrough decks, broken pipes, leaking tanks and substantial quantities of solid waste and trash, including rolls of carpet and other construction materials soaked with oily water and other hazardous contaminants including asbestos, lead, hexavalent chromium and various organic toxins.

On August 21, 2024, MUD contracted out for an asbestos survey that found substantial asbestoscontaining materials (ACM), lead and PCBs throughout the vessel. ACM was required to be properly contained and removed before the Aurora could be disassembled and disposed of, which added to the total cost (30 garbage bins removed from vessel during abatement). The MUD and State Lands Commission staff reached out for assistance to the California Department of Toxic Substances Control’s (DTSC) Emergency Response unit because DTSC has assisted on past vessel asbestos and hazardous-materials abatement projects. In this instance, however, DTSC determined that they could not assist with asbestos removal because the estimated cost “would go beyond our current budget and capabilities” and because staff were otherwise engaged at wildfire cleanups, statewide.

Allowing the sunken vessel to remain near the City’s water supply intake would present a long-term threat to the City’s drinking water quality. Therefore, on June 27, 2024, the City Manager approved the request for emergency procurement authorization for the removal and salvage of the vessel in accordance with Stockton Municipal Code section 3.68.070 and City Manager Emergency Contract and Procurement Policy (17.05.150), which provides a process for rapidly acquiring needed materials or services for critical, unforeseen government need amid emergency situations, as defined in Chapter 3.68 of the Stockton Municipal Code.

The MUD staff selected the marine contractor, Lind Marine of Vallejo, California as the qualified contractor together with several subcontractors to provide vessel removal, abatement, and salvage services. The City also retained K.D. Moore Associates to perform an initial marine survey of the vessel in accordance with the requirements of the Harbors and Navigation Code sections 550 and 551 to substantiate the motor vessel as “Marine Debris”. Global Diving and Salvage Inc. provided generators, onboard fans and submersible pumps to assist with keeping the vessel afloat over several months while the removal and salvage plans were developed. In addition, Universal Protection Service, LP provided 24 hour, 7 day a week onsite security at the temporary Empire Tract Rd closure (under an encroachment permit from San Joaquin County) while the M/V Aurora was afloat to prevent onboard vandalism and theft of equipment stationed along the roadway.

On November 19, 2024, the City/MUD noticed its jurisdiction in accordance with the law provided under California Harbors and Navigation Code sections 550 & 551 and a Memorandum of Agreement with San Joaquin County and the San Joaquin County Sheriff’s Office. No formal protests were received during the notice period from the vessel owner(s) or any other party. This established the M/V Aurora as “Marine Debris”, which allowed for the permitted transfer of the refloated vessel or hand-off from the USCG to MUD to remove and salvage the vessel through its qualified marine contractor. On final inspection and approval of the USCG, the dead ship tow was completed on December 21, 2024, and the M/V Aurora remained in drydock at Mare Island, Vallejo until pollutant abatement and all other salvage operations were completed on May 13, 2025. Following the removal of the M/V Aurora, MUD operations staff brought the Delta Water Supply Project Intake Pump Station City of Stockton Page 3 of 6 Printed on 7/10/2025
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back into service.

Present Situation
The M/V Aurora was one of four large vessels moored in Little Potato Slough, a long-standing problem area with a history of derelict and abandoned vessels in the Delta. Despite multiple failed attempts at enforcement over the years, this cluster of deteriorating ships remained largely unaddressed until recent coordinated salvage efforts began.

In January 2024, a 1940s-era military tugboat Mazapeta was refloated and removed under a joint operation between the USCG and MUD. In September 2024, the owner of the decommissioned Coast Guard lighthouse tender Fir removed it. Currently, the USCG is overseeing removal operations for the sunken minesweeper Chaleur. With the successful disposal of the Aurora in May 2025 and the ongoing removal of the Chaleur, the waterway is finally on track to be fully cleared of derelict vessels, which will help improve water quality conditions, restore safe navigation, and reduce environmental hazards in the area. The MUD, along with other agencies with jurisdiction, will do its utmost to prevent any further mooring of derelict vessels in this waterway.

All City costs incurred to survey, remove, abate, salvage, and dispose of the M/V Aurora and execution of the emergency procurement are included in the following table:

Contractors Total Amount Services
Lind Marine LLC $7,908,993.76 Primary contractor and
subcontractors: Glosten Marine
Engineers, Ballard Marine Diving,
Terracon, Sterling Environmental,
Ponder Environmental & Clean
Harbors.

Universal Protection Service LP $161,033.18 Onsite security services at Empire Tract Rd. closure.

Marsh & McLennan Companies Inc. $118,335.00 Insurance including protection against environmental exposure and
maritime liability during dead ship
tow.

Global Diving and Salvage Inc. $97,480.42 Submersible pumps, electric generators and fans to help keep
Aurora afloat.

K.D. Moore Associates Inc. $4,732.60 Marine survey.

NPFC Vessel Certification Division $300.00 USCG COFR application fee for dead ship tow.

Total Incurred Costs1 $8,290,874.96
1Total Incurred Costs does not include the offset of $999,932.09 in State Lands Commission Derelict Vessel Program funding discussed below, which brings the actual cost to the City to $7,290,942.87.

Under the City Manager’s Emergency Contract and Procurement Policy (17.05.150 Section 4), the MUD is required to make a record of all emergency purchases of supplies and services of more than $100,000 and report to the City Council for ratification at the next Council meeting or no later than City of Stockton Page 4 of 6 Printed on 7/10/2025
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sixty (60) days following execution of the emergency procurement. Based on the 60-day rule, the ratification of the M/V Aurora removal response and costs was scheduled accordingly.

Findings
Pursuant to Stockton Municipal Code section 3.68.070, the City Council may approve findings which support and justify an exception to the competitive bidding process. The following findings support and justify an exception:

1. The City’s Delta Water Supply Project Intake Pump Station is a vital component of the City’s water supply portfolio.

2. The sinking of the M/V Aurora resulted in a significant threat to the City’s water supply, intake, and water treatment plant infrastructure.

3. Removing and salvaging the M/V Aurora was necessary to protect public health, in accordance with environmental regulations.

4. Each contractor paid is a responsive and qualified contractor that was available and capable of completing the necessary removal, abatement, salvage, and disposal of the vessel/V Aurora, which was in the best interest of the public.

5. The removal, salvage, and disposal of the M/V Aurora were completed by May 13, 2025.

Staff recommend that the City Council approve findings and ratify final expenses of $8,290,874.96 for the salvage and disposal of the M/V Aurora.

FINANCIAL SUMMARY
The immediate threat to the City's water supply and potential long-term impacts to water quality compelled MUD staff to act swiftly, under the direction of City management, to protect public health, safety, and the environment.

Despite aggressive efforts to secure outside funding to offset the emergency response and salvage costs, the City of Stockton MUD has achieved limited success due to program availability, budget restrictions, and the urgent nature of the incident. Apart from the attempt for funding from the California Department of Toxic Substances Control’s Emergency Response unit, MUD staff also submitted inquiries and applications to multiple state and federal entities including:
· California State Lands Commission Derelict Vessel Program · BoatUS Abandoned and Derelict Vessel Grant Program
· California Department of Resources Recycling and Recovery · California Environmental Protection Agency
· National Pollution Funds Center
Most of these agencies either lacked applicable funding, had closed funding cycles, or were unable to respond within the time frame necessary to support the salvage effort.

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Fortunately, the California State Lands Commission Derelict Vessel Program provided nearly $1 million ($999,932.09) in funding, which helped offset a portion of the total project costs to the MUD Water Utility Fund. Expenditures for this work were charged against the Delta Water Operations Division account (6513-511-630006-600-000-00-65-000-000). The Water Fund was able to absorb the costs, and no additional appropriation from reserves is needed.

Staff will continue to actively pursue recovery of the funds MUD spent on the salvage and disposal of the M/V Aurora pursuant to Harbors and Navigation Code Section 551 from the people responsible, as well as seek additional reimbursement opportunities through insurance claims and all applicable legal, regulatory, and legislative channels.

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

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Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION TO APPROVE FINDINGS AND RATIFY EMERGENCY
EXPENDITURES of $8,290,874.96 RELATED TO THE REMOVAL AND DISPOSAL

OF THE DERELICT MOTOR VESSEL AURORA
On May 22, 2024, the Motor Vessel (M/V) Aurora sank near the end of Eight Mile Road in the Delta, releasing a significant quantity of diesel fuel and engine oil and other pollutants into Little Potato Slough; and
Although the incident occurred outside the City’s jurisdiction, the location was less than one mile from the City’s Delta Water Supply Project Intake Pump Station (IPS), which provides raw water to the City’s Water Treatment Plant, serving approximately 200,000 customers daily; and
The Municipal Utilities Department (MUD) staff acted immediately to shut down the IPS to prevent contamination of the City’s water supply and treatment infrastructure; and
On June 27, 2024, the City Manager authorized emergency procurement for the removal and salvage of the M/V Aurora, in accordance with City Manager Emergency Contract and Procurement Policy (Section 17.05.150) and Chapter 3.68 of the Stockton Municipal Code, which allows expedited procurement to address critical, unforeseen needs during emergencies; and
On November 19, 2024, under the jurisdiction of San Joaquin County and pursuant to California Harbors and Navigation Code Sections 550 and 551, MUD noticed the vessel as “marine debris”; and
Following the noticing period, the City accepted a direct transfer of the vessel from the United States Coast Guard via Lind Marine of Vallejo, CA as the qualified disposal contractor as part of the Unified Command’s spill response; and On December 21, 2024, the dead ship tow was completed and the vessel remained in drydock at Mare Island until final disposal operations were completed on May 13, 2025; and
City costs incurred to remove, abate, salvage, and dispose of the M/V Aurora by all contractors, subcontractors and agencies include the following (the “Total Incurred Costs”):

1. Lind Marine LLC and subcontractors $7,908,993.76

2. Universal Protection Service LP $161,033.18

3. Marsh & McLennan Companies Inc. $118,335.00

4. Global Diving and Salvage Inc. $97,480.42

5. K.D. Moore Associates Inc. $4,732.60

6. NPFC Vessel Certification Division $300.00
1000
The payment of the Total Incurred Costs was necessary for the completion of all work and execution of the emergency procurement; now, therefore,

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

1. The City Council approves findings pursuant to Stockton Municipal Code Section 3.68.070 in support of an exception to the competitive bidding process:
a. The Delta Water Supply Project Intake Pump Station is a critical component of the City’s water infrastructure.
b. The sinking of the M/V Aurora created an immediate and substantial environmental hazard that threatened the Delta Water Supply Project Intake Pump Station and, therefore, City’s water supply, intake system, and treatment infrastructure.
c. The survey, removal, abatement, salvage, and disposal of the M/V Aurora were necessary to protect public health, in accordance with environmental regulations.
d. Each contractor paid was a responsive, qualified, and available contractor capable of executing their role in the survey, removal, abatement, salvage, and disposal operations in a timely and effective manner. e. The removal and disposal of the M/V Aurora was completed by May 13, 2025.

2. The City Council ratifies the Total Incurred Costs, $8,290,874.96, as all costs related to the survey, removal, abatement, salvage, and disposal of the derelict M/V Aurora.

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

PASSED, APPROVED, and ADOPTED July 15, 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 #: 25-0793, Version: 1

COUNCIL DISCUSSION REGARDING THE CREATION AND DISSOLUTION OF THE AD HOC

COMMITTEE FOR CITY MANAGER SELECTION

RECOMMENDATION
Informational item only. This is a City Council initiated discussion regarding the creation and dissolution of the Ad Hoc Committee for City Manager Selection.

Summary
At the June 24, 2025, City Council meeting, Councilmember Mario Enriquez, requested the agendization of a discussion regarding the creation and dissolution of the Ad Hoc Committee for City Manager Selection in July. Consistent with Council Policy 4.02.010, the request was supported by Councilmember Michael Blower. The request was also supported by Vice Mayor Jason Lee.

This report provides background information to facilitate the Council’s discussion.

DISCUSSION
Background
The City is in the process of searching for a permanent City Manager. Under Charter Section 1200:
“The Mayor shall nominate one or more candidates for Council consideration for appointment to the position of City Manager.”
The Charter is silent on the process to fulfill this obligation.

Council Policy 3.06.010(4)(C), provides:
“Ad Hoc Committees. In addition to standing and special committees, the City Council shall from time to time establish ad hoc committees targeted toward specific issues.

The ad hoc committees shall be established by resolution of the Council, with appointments to be made by the Mayor based on the expertise and expressed interest of the Councilmembers. The terms of the ad hoc committees shall not exceed one year unless reestablished or extended by resolution of the Council.” Generally, Ad Hoc Committees expire when they either achieve their purpose or through the passage of time.

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On February 4, 2025, at the Mayor’s request, the creation of an ad hoc for city manager selection was agendized for council consideration. Following council discussion, the City Council voted 7-0 to establish an Ad Hoc Committee comprised of Mayor Fugazi, Vice Mayor Lee, and Councilmember Enrìquez, for city manager selection (Attachment A - Resolution 2025-02-04-1505). Therefore, the purpose of the Committee originated with the Mayor’s request for assistance in fulfilling her Charter obligations under Charter Section 1200.

The Ad Hoc Committee as described in the staff report and resolution was tasked with choosing a recruiter and narrowing down the candidate pool for interviews before the full Council. A recruitment contract was entered into on May 22, 2025 (Attachment B - Recruitment Contract). On June 6, 2025, the Ad Hoc Committee for City Manager Selection was dissolved.

Present Situation
Council Policy 4.02 allows two councilmembers to place an item on the agenda if requested during an open session.

At the June 24, 2025, City Council meeting, Councilmember Mario Enrìquez, requested the agendization of a discussion regarding the creation and dissolution of the Ad Hoc Committee for City Manager Selection and was joined by Councilmember Michael Blower. His request was also supported by Vice Mayor Jason Lee.

This agenda item provides a mechanism for the Council to discuss the creation and dissolution of the Ad Hoc Committee for City Manager Selection consistent with council direction.

FINANCIAL SUMMARY
There is no financial impact to the city in discussing the creation and dissolution of the Ad Hoc Committee for City Manager Selection.

Attachment A - Resolution 2025-02-04-1505
Attachment B - Recruitment Contract
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City of Stockton
Legislation Text
File #: 25-0664, Version: 1

ADOPTION OF A MITIGATED NEGATIVE DECLARATION AND AN ORDINANCE FOR THE PREZONING OF 6505 SOUTH MCKINLEY AVENUE (APN 193-020-34) TO INDUSTRIAL, LIMITED (IL) ZONING FOR THE PURPOSES OF FUTURE INDUSTRIAL DEVELOPMENT (APPLICATION NO. P23-0125)

RECOMMENDATION
It is recommended that the City Council:

1. Adopt a Resolution certifying a Mitigated Negative Declaration for the Project; and

2. Adopt an Ordinance for the Prezoning of Assessor Parcel Number 193-020-34 to Industrial, Limited (IL), and

3. Adopt a Resolution authorizing the filing of an annexation application with the San Joaquin Local Agency Formation Commission; and

4. Authorize the City Manager to take appropriate and necessary actions to carry out the purpose and intent of the approved resolutions and ordinance.

Summary
The Applicant, GO Industrial, proposes to develop industrial uses on a legal parcel totaling approximately 9.84-acres located west of South McKinley Avenue and south of Arch Airport Road (Project). The proposed project intends to develop the site with one 181,166 square foot building, parking lot areas, landscaping, lighting, drainage facilities, and loading and service areas.

The proposed project site area is currently located within unincorporated San Joaquin County and includes an annexation request for the project site area. The project site is currently vacant with fallow agricultural lands; historically the site has been used for agricultural purposes.

A Mitigated Negative Declaration (MND) was prepared and circulated for a 30-day public review period in compliance with the California Environmental Quality Act (CEQA). Four (4) comment letters were received by the City. Pursuant to CEQA Guidelines Section 15073, all substantive comments are provided responses in the MND. None of the comments received required any changes to the impact analysis or additional mitigation measures beyond those already identified in the MND.

The project is consistent with the 2040 General Plan Land Use Map designation of Industrial applicable to the site. The project also furthers General Plan policies aimed at attracting and retaining companies that offer high-quality jobs with wages that are competitive with the region and State (Goal LU-4), attracting employment and tax-generating businesses in the City (Policy LU-4.2), and City of Stockton Page 1 of 6 Printed on 7/10/2025
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prioritizing development and redevelopment of vacant, underutilized, and blighted infill areas (Policy LU-6.2).

On March 27th, the Planning Commission held a public hearing, heard a presentation by City Staff, received two public comments, and directed staff to prepare two new (additional) conditions of approval that require installation of a trees along the south property line to provide a greater buffer between residential uses, and restrict truck idling on site to a maximum of three minutes with posted signage stating such. The public hearing was continued to April 10, 2025, to allow the Planning Commission to consider the two added conditions. The Planning Commission approved the Design Review with the added conditions and recommended City Council adopt a Mitigated Negative Declaration and Prezoning Ordinance for the site.

DISCUSSION
Background
The subject site consists of one (1) legal parcel (±9.84-acres) identified as Assessor’s Parcel Number 193-020-34 and is located at 6505 South McKinley Avenue, presently within the jurisdiction of the County of San Joaquin with a County zoning designation of Industrial-Limited (Attachment A - Location Map and Aerial Photo).

The site is bounded to the:
· North by lands zoned for and developed with Industrial uses in the City of Stockton and in County of San Joaquin zoned I-L Limited Industrial; and · South by lands in County of San Joaquin zoned AU-20 Agriculture Urban Reserve, I-L Limited Industrial and R-L Low Density Residential and developed with industrial, rural residential uses and vacant lands; and
· East by right-of-way and lands zoned Industrial General (IG) and developed with Industrial uses in the City of Stockton; and
· West by vacant lands in the County of San Joaquin zoned I-L Limited- Industrial.

As the project site is in the unincorporated area of the County, there is no City Zoning Map designation currently assigned to it. Zoning Map designations for properties located in the City and referenced above are identified by Attachment B - Zoning Map. The 2040 General Plan Land Use Map designates the subject site as Industrial (Attachment C - General Plan Land Use Map).

Project Description
GO Industrial has applied for all required entitlements to develop the 9.84-acre subject parcel with one (1) proposed industrial warehouse building with a maximum square footage of 184,166 square feet in floor area, along with parking areas, vehicular access, storm drainage detention areas, a maximum of 151 parking stalls distributed throughout the project site and an additional 42 stalls for trucks and trailers.(The “Project”)(Attachment D - Project Plans) Access to the Project would be from two (2) driveways proposed along the project frontage of South McKinley Avenue. The northernmost of the two (2) driveways is located closest to the future office City of Stockton Page 2 of 6 Printed on 7/10/2025
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space and would provide primary access to the Project site. Utility service for the Project site, including sewer and water would be provided by the City of Stockton from existing trunk lines adjacent to the site (water) and at Arch Airport Road (sewer). The Project would have an onsite storm drainage system, including collection lines and a detention basis around the site. Runoff collected in the detention basins would be metered into French Camp Slough when capacity is available in the creek. Regulated electrical, gas, and communication utilities would be extended to the project site from existing facilities in the area.

Development of the Project site with warehouse and industrial uses is considered a “Permitted” use under the proposed Industrial, Limited (IL) prezoning and would not require additional discretionary actions. Upon approval, only City of Stockton building permit approvals would remain for the development of the site and construction of a building. Since the Project’s maximum building square footage is 184,166, it would not be subject to Stockton Municipal Code (SMC) Section 16.80.390 (Industrial Warehouse Standards) as that Section applies to logistics uses with a minimum building size of 400,000 square feet or greater. The Project is still subject to all SMC development standards for the Industrial, Limited zoning district and California Building Code requirements. Additionally, the recently adopted Assembly Bill 98 (AB 98, September 2024), which imposes new design and build standards for new or expanded logistics uses across the state, is not applicable to this Project. AB 98 is not applicable to projects subject to a commenced local entitlement process prior to September 30, 2024. This Project’s entitlement process commenced on May 10, 2023.

STAFF ANALYSIS
Prior to approving the Project, the City Council is requested to adopt the Mitigated Negative Declaration (MND) and Prezoning request.

Environmental Clearance
An Initial Study and Mitigated Negative Declaration have been prepared for the Project, in accordance with the California Environmental Quality Act (CEQA) Sections 15070 through 15075 of the CEQA Guidelines.

As required per CEQA Guidelines section 15072, a Notice of Intent (NOI) was published for agency and public review during a 30-day period starting on August 30, 2024. An additional review period commenced from October 1, 2024, through October 30, 2024. Comments received were then considered in the preparation of the final MND included as Exhibit 1 to the proposed resolution.

Prior to approving a project, the decision-making body of the lead agency shall consider the proposed MND together with any comments received during the public review process. The decisionmaking body shall adopt the proposed MND only if it finds, on the basis of the whole record before it (including the initial study and any comments received), that with the proposed mitigation there is no substantial evidence that the project will have a significant effect on the environment.

For this Project, pursuant to CEQA Section 15097 the MND identified potentially significant effects under several topic areas and identified and required mitigation through a Mitigation Monitoring and Reporting Program that reduced the identified impacts to less than significant, as discussed below:

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· Biological Resources: Although no biological resources have been identified on-site, potentially suitable habitat for special status species is present and would be impacted by the Project. Mitigation is identified and required to ensure no such resources are significantly impacted by development of the vacant site. The applicant is required to participate in the San Joaquin Multi Species Habitat Conservation and Open Space Plan (SJMSCP). Compliance with the SJMSCP ensures potentially significant effects to biological resources are reduced to a less than significant level. Additionally, trees will also be removed outside of bird nesting seasons or, if within the nesting season, a biologist will complete a survey to ensure no protected migratory bird nests are present. Development would affect wetlands along French Camp Slough, but these impacts would be mitigated through existing permitting processes. If the Project involves removal of Heritage Oak Trees, then the applicant is required to mitigate that loss through the City’s Heritage Tree Permit process (SMC 16.130). · Cultural Resources/Tribal Cultural Resources: No archaeological or historical resources were identified on the site, but there is potential for discovery of buried cultural resources, including those related to Native Americans. If cultural resources or human remains are accidentally uncovered, all work is required to cease until their significance is evaluated by a qualified expert and treated in conformance with CEQA Guidelines, and per SMC 16.36.050. · Geology and Soils: There are no active or potentially active faults or other geologic hazards within or near the Project site. Construction activities on site have the potential to loosen the soil, leaving it exposed to wind and water erosion. Accordingly, the applicant is required to obtain a permit from the City of Stockton and comply with all permit conditions to ensure soil erosion impacts are reduced to less than significant. Additionally, if any paleontological resources are encountered during construction, all construction activities within a 50’ radius of the encounter shall be immediately halted until a qualified paleontologist can evaluate them and follow the protocol set forth in the Mitigation Measures. · Greenhouse Gas Emissions: There are potentially significant impacts related to greenhouse gas emissions for the Project, as identified in the MND. The applicant is required to implementing Air Quality Improvement Measures, such as compliance with applicable State and San Joaquin Valley Air Pollution Control District rules and regulations, which will reduce the Project’s greenhouse gas emissions to less than significant. · Transportation: The Project was found to create significant impacts by increasing the Vehicle Miles Traveled (VMT). Mitigation measures are proposed that would eliminate all potentially significant impacts.

By the conclusion of the public review period, the City received four (4) comment letters. After the close of the review period, the Golden State Environmental Justice Alliance rescinded its comment letter. Pursuant to CEQA Guidelines Section 15073, the lead agency must respond to all substantive comments in the MND. None of the comments received required any changes to the impact analysis or additional mitigation measures beyond those already identified in the MND. Additional information regarding said public comments is available later in this report under ‘Public Comments’.

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File #: 25-0664, Version: 1
Annexation
The Project site is presently located in the unincorporated area of the County of San Joaquin, but is in the City’s Sphere of Influence. The Applicant has requested annexation of the Project site into the City of Stockton and is shown in Attachment E - Annexation Map.

If the annexation request is approved by City Council, the City Manager will be authorized to file an annexation application with the San Joaquin Local Agency Formation Commission (LAFCo).

Development Review Committee
Per SMC 16.212.050(C)(1) the Development Review Committee (DRC) is required to review the Annexation request and forward a recommendation to the Director. On January 30, 2025, the DRC reviewed the Project merits and recommended approval of the Project to the Director.

Prezoning
Since the project site is located in the unincorporated area of the County of San Joaquin, annexation must occur and be preceded by “Prezoning” it through a Zoning Map Amendment. The project, therefore, includes a request for Prezoning the site to Industrial, Limited (IL) Zone (Attachment F - Prezoning Description).

The 2040 General Plan Land Use Map designates the project site as Industrial. Pursuant to Table 2-1 (General Plan Relationship to Development Code) of the General Plan, the IL Zone is compatible with the Industrial General Plan Land Use Map designation of Industrial. As reflected in the Proposed Ordinance, all necessary findings can be made to support the proposed Prezoning action.

Upon approval of the Annexation by the San Joaquin Local Agency Formation Commission (LAFCo), the Zoning Map Amendment would become effective and applicable.

Public Comments
As the Project was required to prepare an MND, there was a required public outreach effort during the CEQA process. A Notice of Intent (NOI) was distributed to the public for review and comment on August 30, 2024. This initial noticing period ran 30 days ending September 30, 3024. The City also extended the NOI an additional 30 days to October 20, 2024.

The City received four (4) comment letters from interested parties during that process:

1. Blum Collins & Ho LLP, representing the Golden State Environmental Justice Alliance;

2. Mitchell M. Tsai Law Firm, representing Carpenters Local Union #152;

3. Adams Broadwell Joseph & Cardozo, representing International Brotherhood of Electrical Workers Local 595, Plumbers & Steamfitters Local 442, Sheet Metal Workers Local 104, DC Ironworkers;

4. Central Valley Regional Water Quality Control Board.

One of the letters from the law firm representing the Golden State Environmental Justice Alliance (Blum, Collins & Ho LLP) was officially withdrawn from the record. The Project applicant additionally received written support from the Nor Cal Carpenters Union (a member of Carpenters Local Union City of Stockton Page 5 of 6 Printed on 7/10/2025
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File #: 25-0664, Version: 1
#152), as well as from the International Brotherhood of Electrical Workers 595. The letter received from the Central Valley Regional Water Quality Control Board spoke to the Project’s compliance with their adopted standards during construction.

The MND has been prepared and all of the required steps preceding adoption have been taken pursuant to the requirements of CEQA and the CEQA Guidelines, including posting a Notice of Intent (NOI) to adopt the MND and other material related to the public review of the MND at the San Joaquin County Clerk’s office.

At the March 17, 2025, Planning Commission hearing, the Planning Commission had several questions regarding the Project and its proposed mitigation measures. As this Project isn’t subject to the City’s adopted warehouse ordinance, nor is it subject to State Assembly Bill 98 (AB 98) warehouse regulations, the Commission considered the proposed Project and information and requested two additional mitigation measures from the City’s warehouse regulations. Specifically, the Commission requested development conditions be placed on the Project to:

1. Provide a double row of 15-gallon trees along the southerly property line to protect potential sensitive receptors (existing residential homes) located over 300 feet away

2. Limit truck idling to a maximum of 3 minutes with posted signage to ensure adherence and allow for enforcement by the operator.

The Planning Commission continued the project hearing to the April 10, 2025, meeting with direction for staff to incorporate the new Conditions of Approval into the proposed resolution for their consideration.

On April 10, 2025, the Planning Commission reviewed the added Conditions of Approval and, by a unanimous vote of 6-0, approved the Design Review component of the Project and recommend that the City Council adopt a Mitigated Negative Declaration for the Project; and recommended the City Council adopt an Ordinance for the Prezoning of APN 193-020-34 to Industrial, Limited (IL).

Notice for this project’s City Council public hearing was originally published in The Record on May 15, 2025, and mailed notices were sent to all property owners within a 300-foot radius at least twenty days prior to the original City Council public hearing date of June 3, 2025, at which time the public hearing was continued to the July 15, 2025 City Council meeting. As of the writing of this staff report, no written comments have been submitted.

FINANCIAL SUMMARY
Approval of the project would provide additional revenue to the City’s General Fund collected through property taxes and additional revenue to the Development Services Fund collected through building permits.

Attachment A - Location Map and Aerial Photo
Attachment B - Zoning Map
Attachment C - General Plan Land Use Map
Attachment D - Conceptual Project Plans
Attachment E - Annexation Map
Attachment F - Prezoning Description
City of Stockton Page 6 of 6 Printed on 7/10/2025
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City of Stockton, CA
Locati on Map and Aerial Photo December 30, 2024
Property Information
Property ID 19302034-102126
Location 6505 S MCKINLEY AV
Owner SINGH BALDEV ETAL

MAP FOR REFERENCE ONLY

NOT A LEGAL DOCUMENT
City of Stockton, CA makes no claims and no warranties, expressed or implied, concerning the validity or accuracy of the GIS data presented on this map.

Geometry updated 05/03/2023
Data updated 05/01/2023
Print map scale is approximate.

Critical layout or measurement
activities should not be done using
this resource.
1" = 1046.2574183677898 ft

ATTACHMENT A
1103
City of Stockton, CA
Zoning Map December 30, 2024
Property Information
Property ID 19302034-102126
Location 6505 S MCKINLEY AV
Owner SINGH BALDEV ETAL

MAP FOR REFERENCE ONLY

NOT A LEGAL DOCUMENT
City of Stockton, CA makes no claims and no warranties, expressed or implied, concerning the validity or accuracy of the GIS data presented on this map.

Geometry updated 05/03/2023
Data updated 05/01/2023
Print map scale is approximate.

Critical layout or measurement
activities should not be done using
this resource.
1" = 1046.2574183677898 ft

ATTACHMENT B
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Map Theme Legends
Zoning
City of Stockton, CA Zoning Data

COMMERCIAL AUTO DISTRICT (CA)

DOWNTOWN COMMERCIAL (CD)

GENERAL COMMERCIAL (CG)

LARGE SCALE COMMERCIAL (CL)

NEIGHBORHOOD COMMERCIAL (CN)

OFFICE COMMERCIAL(CO)

GENERAL INDUSTRIAL(IG)

LIMITED INDUSTRIAL (IL)

PORT (PT)

LOW DENSITY RESIDENTIAL (RL/P)

MEDIUM DENSITY RESIDENTIAL (RM/P)

HIGH DENSITY RESIDENTIAL (RH/P)

MIXED USE (MX)

OPEN SPACE (OS)

PUBLIC FACILITIES (PF)

UNIVERSITY/COLLEGE (UC)

RIGHT OF WAY (ROW)

ATTACHMENT B
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City of Stockton, CA
Genera l Plan Land Use Map December 30, 2024
Property Information
Property ID 19302034-102126
Location 6505 S MCKINLEY AV
Owner SINGH BALDEV ETAL

MAP FOR REFERENCE ONLY

NOT A LEGAL DOCUMENT
City of Stockton, CA makes no claims and no warranties, expressed or implied, concerning the validity or accuracy of the GIS data presented on this map.

Geometry updated 05/03/2023
Data updated 05/01/2023
Print map scale is approximate.

Critical layout or measurement
activities should not be done using
this resource.
1" = 1046.2574183677898 ft

ATTACHMENT C
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Map Theme Legends
General Plan Map
City of Stockton GIS data

ECONOMIC AND EDUCATION ENTERPRISE

RESIDENTIAL ESTATE

LOW DENSITY RESIDENTIAL

MEDIUM DENSITY RESIDENTIAL

HIGH DENSITY RESIDENTIAL

ADMINISTRATIVE-PROFESSIONAL

COMMERCIAL

INDUSTRIAL

INSTITUTIONAL

OPEN SPACE/ AGRICULTURE

PARKS AND RECREATION

MIXED USE

RIGHT OF WAY

ATTACHMENT C
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ATTACHMENT D
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ATTACHMENT D
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ATTACHMENT D
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ATTACHMENT D
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ATTACHMENT D
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ATTACHMENT D
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ATTACHMENT D
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Z:\2022\A22058\DOCS\SURVEY\LEGAL DESCRIPTIONS\A22058-LD ANNEX.docx LAFC __-25
______________________

TO THE CITY OF STOCKTON
EXHIBIT “A” - Annexation Legal Description

ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE UNINCORPORATED AREA OF SAN JOAQUIN COUNTY, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:

THAT CERTAIN PARCEL OF LAND DESCRIBED IN THE GRANT DEED TO REVOCABLE TRUST RECORDED MARCH 22, 2024 AS INSTRUMENT NO. 2024-024121, OFFICIAL RECORDS OF SAN

JOAQUIN COUNTY AND A PORTION OF PARCEL THREE OF THE TRUST TRANSFER DEED RECORDED MARCH 30, 2016 AS INSTRUMENT NO. 2016-035593, OFFICIAL RECORDS OF SAN

JOAQUIN COUNTY AND A PORTION OF SOUTH MCKINLEY AVENUE AND A PORTION OF THE

UNION PACIFIC RAILROAD(FORMERLY WESTERN PACIFIC RAILROAD), BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT MARKING THE INTERSECTION OF THE WEST LINE OF MCKINLEY AVENUE

WITH THE CENTERLINE OF AN UNNAMED SLOUGH, WHICH EXTENDS EASTERLY FROM THE FRENCH CAMP SLOUGH AS SHOWN ON THE MAP OF SURVEY FILED FOR RECORD IN BOOK 31 OF SURVEYS, PAGE 77, OFFICIAL RECORDS OF SAN JOAQUIN COUNTY, SAID POINT BEING THE NORTHEASTERLY CORNER OF SAID DEED (2024-024121) AND BEING ON THE WESTERLY RIGHT OF WAY LINE OF SOUTH MCKINLEY AVENUE;
THENCE LEAVING SAID WESTERLY RIGHT OF WAY LINE NORTH 79° 16’ 00” EAST, 136.00 FEET TO THE EAST LINE OF SAID UNION PACIFIC RAILROAD.

THENCE ALONG SAID EAST LINE OF THE UNION PACIFIC RAILROAD SOUTH 10° 44’ 00” EAST, 1441.45 FEET TO THE INTERSECTION WITH THE EXTENTION OF THE SOUTHWESTERLY LINE OF SAID DEED (2024-024121);

THENCE ALONG SAID SOUTHWESTERLY EXTENTION AND SOUTHERLY AND WESTERLY LINES OF SAID DEED (2024-024121) FOR THE FOLLOWING FIVE (5) COURSES AND DISTANCES:
1) NORTH 53° 39' 06" WEST, 845.17 FEET,
2) NORTH 29° 16' 34" WEST, 185.33 FEET,
3) NORTH 55° 56' 40" WEST, 221.79 FEET,
4) NORTH 02° 55' 39" EAST, 270.60 FEET, AND
5) NORTH 09° 16' 08" WEST, 200.22 FEET TO THE NORTHERLY LINE OF SAID DEED (2024- 024121);
THENCE ALONG SAID NORTHERLY LINE FOR THE FOLLOWING FIVE (5) COURSES AND DISTANCES:
1) NORTH 61° 04' 00" EAST, 108.00 FEET,
2) NORTH 58° 59' 00" EAST, 130.95 FEET,
3) SOUTH 72° 27' 00" EAST, 190.33 FEET,
4) NORTH 68° 27' 00" EAST, 98.80 FEET, AND

ATTACHMENT E
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Z:\2022\A22058\DOCS\SURVEY\LEGAL DESCRIPTIONS\A22058-LD ANNEX.docx 5) NORTH 67° 36' 00" EAST, 98.79 FEET TO THE POINT OF BEGINNING.

CONTAINING 760,456 SQUARE FEET OR 17.4577 ACRES, MORE OR LESS.

FOR ASSESSMENT PURPOSES ONLY. THIS DESCRIPTION OF LAND IS NOT A LEGAL PROPERTY DESCRIPTION AS DEFINED IN THE SUBDIVISION MAP ACT (GOVERNMENT CODE SECTION 66410) AND MAY NOT BE USED AS THE BASIS FOR AN OFFER FOR SALE OF THE LAND DESCRIBED.

EXHIBIT “B” A PLAT IS ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.

KIER & WRIGHT CIVIL ENGINEERS & SURVEYORS, INC.

THIS DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION. ___________________________________________ 6/10/2025____________ KC J. KELLER, P.L.S. 9731 DATE

ATTACHMENT E
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NTS OF 2 2850 Collier Canyon Road Livermore, CA 94551 Phone: (925) 245-8788 www.kierwright.com CALIFORNIA DATE BYJOB NO. KJK A22058 JUNE, 2025 SCALE SHEET SAN JOAQUIN COUNTY ” 1 N SITE DRAFT EXHIBIT "B" - ANNEXATION PLAT LAFC __ - 25 TO THE CITY OF STOCKTON

ATTACHMENT E
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UNION PACIFIC RAILROAD 39 ROS 185 S. MCKINLEY AVENUE SINGH AND KAUR LIVING TRUST/SINGH BALDEV/ KAUR KARAMJIT FRENCH CAMP SLOUGH UNNAMED SLOUGH FRENCH CAMP SLOUGH 1" = 200' 2 OF 2 2850 Collier Canyon Road Livermore, CA 94551 Phone: (925) 245-8788 www.kierwright.com CALIFORNIA DATE BYJOB NO. KJK A22058 JUNE, 2025 SCALE SHEET SAN JOAQUIN COUNTY EXHIBIT "B" - ANNEXATION PLAT LAFC __ - 25 TO THE CITY OF STOCKTON NORTH

ATTACHMENT E
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Z:\2022\A22058\DOCS\SURVEY\LEGAL DESCRIPTIONS\A22058-LD ANNEX CLOSURES.docx Parcel Map Check Report
Prepared by Kier & Wright
Date: 6/9/2025
Parcel Name: ANNEXATION AREA
North:12,871.9265' East:13,669.0773'
Segment# 1: Line
Course: N79°16'00"E Length: 136.00'
North: 12,897.2549' East: 13,802.6979'
Segment# 2: Line
Course: S10°44'00"E Length: 1,441.45'
North: 11,481.0237' East: 14,071.1510'
Segment# 3: Line
Course: N53°39'06"W Length: 845.17'
North: 11,981.9499' East: 13,390.4269'
Segment# 4: Line
Course: N29°16'34"W Length: 185.33'
North: 12,143.6083' East: 13,299.7971'
Segment# 5: Line
Course: N55°56'40"W Length: 221.79'
North: 12,267.8099' East: 13,116.0452'
Segment# 6: Line
Course: N2°55'39"E Length: 270.60'
North: 12,538.0567' East: 13,129.8653'
Segment# 7: Line
Course: N9°16'08"W Length: 200.22'
North: 12,735.6625' East: 13,097.6163'
Segment# 8: Line

ATTACHMENT E
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Z:\2022\A22058\DOCS\SURVEY\LEGAL DESCRIPTIONS\A22058-LD ANNEX CLOSURES.docx Course: N61°04'00"E Length: 108.00'
North: 12,787.9120' East: 13,192.1361'
Segment# 9: Line
Course: N58°59'00"E Length: 130.95'
North: 12,855.3889' East: 13,304.3625'
Segment# 10: Line
Course: S72°27'00"E Length: 190.33'
North: 12,797.9972' East: 13,485.8335'
Segment# 11: Line
Course: N68°27'00"E Length: 98.80'
North: 12,834.2877' East: 13,577.7271'
Segment# 12: Line
Course: N67°36'00"E Length: 98.79'
North: 12,871.9337' East: 13,669.0630'
Perimeter: 3,927.42' Area: 760,455.73Sq.Ft.

Error Closure: 0.0160 Course: N63°28'34"W
Error North : 0.00712 East: -0.01427
Precision 1: 245,464.37

ATTACHMENT EE
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APN # : 19302034
CURRENT JURISDICTION : SAN JOAQUIN COUNTY CITY PLANNING AREA : STOCKTONGENERAL PLAN : I/LZONING : AU-20PROPOSED JURISDICTION : CITY OF STOCKTON PROPOSED ZONING : IL

PROJECTSITE

ATTACHMENT F
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Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION ADOPTING A MITIGATED NEGATIVE DECLARATION FOR AN INDUSTRIAL PROJECT LOCATED AT 6505 SOUTH MCKINLEY AVENUE (APN 193- 020-34) (APPLICATION NO. P23-0125)
On May 10, 2023, the Applicant, GO Industrial, submitted a request for a prezone, annexation, and the required entitlements to develop industrial uses on a legal parcel totaling approximately 9.84-acres located west of South McKinley Avenue and south of Arch Airport Road with one building of 181,166 square feet, parking lot areas, landscaping, lighting, drainage facilities, with loading and service area (Project); and An Initial Study and Mitigated Negative Declaration (MND) was prepared to address environmental impacts associated with the proposed Project that are known to the City, and that were raised during the review process. The MND discussed impacts associated with: Aesthetics and Visual Resources, Agricultural Resources, Air Quality, Biological Resources, Cultural Resources/Tribal Cultural Resources, Geology and Soils, Greenhouse Gas Emissions, Noise, and Transportation; and On August 30, 2024, per CEQA Guidelines section 15072, a Notice of Intent (NOI) was distributed to the public, responsible agencies, trustee agencies, and the San Joaquin County Clerk for public review and comment on MND pursuant to CEQA Guidelines Section 15072. The City’s NOI period closed on September 30, 2024, however the City extended the review period by another 30 days to October 20, 2024; and A total of four (4) written communications were received during the review period, from:
 Central Valley Regional Water Quality Control Board, September 30, 2024  Mitchell M. Tsai Law Firm representing Carpenters Local Union #152, September 30, 2024
 Adams Broadwell Joseph & Cardozo representing the San Joaquin Residents for Responsible Development, September 17, 2024  Blum Collins & Ho representing the Golden State Environmental Justice Alliance, September 25, 2024 (comments withdrawn on November 15, 2024); and
In accordance with CEQA Guidelines sections 15071 through 15075 the City Council must consider the Mitigated Negative Declaration before acting on the Project.

The Planning Commission made a recommendation to the City Council to adopt the Mitigated Negative Declaration; and
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On March 17, 2025, a public notice for the subject application was published in The Record, a local Stockton newspaper, in accordance with the Stockton Municipal Code (SMC) Section 16.88.030; and
On March 27, 2025, the Planning Commission conducted a public hearing on the application, in compliance with SMC Section 16.88.040, at which point all persons wishing to be heard were provided such opportunity; and
At the March 27, 2025, public hearing, and prior to acting on this request, the Planning Commission considered and recommended adoption of a Mitigated Negative Declaration prepared pursuant to the California Environmental Quality Act (CEQA), and recommended the Project be continued to the April 10, 2025, public hearing with additional Conditions of Approval added related to truck idling and buffering to sensitive receptors with trees; and
On April 10, 2025, the Planning Commission conducted a public hearing on the Project, including the recommendation to the City Council to adopt the MND, in compliance with SMC Section 16.88.040, at which point all persons wishing to be heard were provided such opportunity, and the Planning Commission voted 6-0 in support of recommending approval of the Project and adoption of the MND to the City Council; and On May 15, 2025, a public notice for the subject application was published in The Record, a local Stockton newspaper, in accordance with the Stockton Municipal Code (SMC) Section 16.88.030; and
On July 15, 2025, the City Council conducted a public hearing on the Project, including adoption of the MND, in compliance with SMC Section 16.88.040, at which point all persons wishing to be heard were provided such opportunity; now, therefore,

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

1. The foregoing recitals are true and correct and are incorporated by this reference.

2. Based on its review of the entire record herein, the City Council hereby finds:
a. A Mitigated Negative Declaration was prepared for the Project, in accordance with CEQA.
b. The Mitigated Negative Declaration identified environmental impacts which could occur from the Project, and, where feasible, application of mitigation measures that would reduce the impacts to a level of less than significant.
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c. The City Council finds that the Mitigated Negative Declaration for the Project has been completed in accordance with the requirements of the CEQA, CEQA Guidelines, and Stockton Municipal Code (SMC) Section

16.88.040 (Environmental Determination).
d. The City Council finds the Mitigated Negative Declaration was prepared, published, circulated, and reviewed in accordance with the requirements of CEQA and CEQA Guidelines, and constitutes an adequate, accurate, objective, and complete Mitigated Negative Declaration in full compliance with the requirements of CEQA and CEQA Guidelines. e. The City Council finds that the Mitigated Negative Declaration has been presented to it, that both the Planning Commission and City Council have reviewed the Mitigated Negative Declaration and has considered the information contained in the Mitigated Negative Declaration prior to acting on the proposed Project, and that the Mitigated Negative Declaration reflects the City Council’s independent judgement and analysis.

3. Based on its review of the entire record herein, all supporting, referenced, and incorporated documents, and all comments received, the City Council hereby:
1) Adopts the Mitigated Negative Declaration, which includes the Mitigation Monitoring and Reporting Program, attached as Exhibit 1 and incorporated herein pursuant to CEQA Guidelines section 15074. 2) Directs that upon approval of the Project, the Community Development Department shall file a Notice of Determination with the County Clerk of San Joaquin County and State Office of Planning and Research pursuant to CEQA section 15075.
3) Directs that, pursuant to CEQA section 15072, the documents and other materials that constitute the record of proceedings upon which the City Council’s decision is based, be located in and may be obtained from, the Office of the City Clerk at 425 N. El Dorado Street, 1st Floor, Stockton, CA 95202; the City Clerk is the custodian of records for all matters before the City Council.
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Based on its review of the entire record herein, all supporting, referenced, and incorporated documents, and all comments received, the City Council adopts the Mitigated Negative Declaration for the McKinley Industrial Project.

PASSED, APPROVED, and ADOPTED July 15, 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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WWW.FIRSTCARBONSOLUTIONS.COM
DRAFT
South McKinley Avenue East Industrial Project
Initial Study/Mitigated Negative Declaration
City of Stockton, San Joaquin County, California
Prepared for:

City of Stockton
345 North El Dorado Street
Stockton, CA 95202
202.937.8561
Contact: Nicole D. Moore, LEED® AP
Prepared by:

FirstCarbon Solutions
2999 Oak Road, Suite 250
Walnut Creek, CA 94597
925.357.2562
Contact: Mary Bean, Project Director
Elizabeth Johnson, Senior Project Manager
Report Date: August 30, 2024
EXHIBIT 1
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EXHIBIT 1
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City of Stockton–South McKinley Avenue East Industrial Project Initial Study/Mitigated Negative Declaration Table of Contents FirstCarbon Solutions iii Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx Table of Contents
Acronyms and Abbreviations ......................................................................................................... v Section 1: Introduction .................................................................................................................. 1

1.1 - Purpose.............................................................................................................................. 1

1.2 - Project Location................................................................................................................. 1

1.2.1 - Environmental Setting............................................................................................ 1

1.2.2 - Surrounding Land Uses........................................................................................... 2

1.2.3 - General Plan and Zoning ........................................................................................ 2

1.3 - Project Description............................................................................................................ 2

1.3.1 - Parking, Access, and Circulation............................................................................. 3

1.3.2 - Utilities................................................................................................................... 3

1.3.3 - Construction........................................................................................................... 4

1.4 - Required Discretionary Approvals..................................................................................... 5

1.5 - Intended Uses of this Document....................................................................................... 5 Section 2: Environmental Checklist and Environmental Evaluation ............................................... 21

2.1 Aesthetics................................................................................................................... 22

2.2 Agriculture and Forestry Resources ........................................................................... 26

2.3 Air Quality................................................................................................................... 29

2.4 Biological Resources................................................................................................... 52

2.5 Cultural Resources and Tribal Cultural Resources...................................................... 67

2.6 Energy......................................................................................................................... 73

2.7 Geology and Soils ....................................................................................................... 77

2.8 Greenhouse Gas Emissions ........................................................................................ 83

2.9 Hazards and Hazardous Materials.............................................................................. 95

2.10 Hydrology and Water Quality ................................................................................... 100

2.11 Land Use and Planning ............................................................................................. 106

2.12 Mineral Resources.................................................................................................... 108

2.13 Noise......................................................................................................................... 110

2.14 Population and Housing ........................................................................................... 117

2.15 Public Services.......................................................................................................... 119

2.16 Recreation ................................................................................................................ 123

2.17 Transportation .......................................................................................................... 125

2.18 Utilities and Service Systems.................................................................................... 136

2.19 Wildfire ..................................................................................................................... 141

2.20 Mandatory Findings of Significance ......................................................................... 144 Section 3: List of Preparers......................................................................................................... 147 Appendix A: Air Quality Supporting Information
Appendix B: Biological Resources Supporting Information Appendix C: Cultural Resources Supporting Information
Appendix D: Geotechnical Supporting Information
Appendix E: Hazards and Hazardous Materials Supporting Information Appendix F: Noise Supporting Information
EXHIBIT 1
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City of Stockton–South McKinley Avenue East Industrial Project Table of Contents Initial Study/Mitigated Negative Declaration iv FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx Appendix G: Traffic Impact Analysis
List of Tables
Table 1: Regional Construction Air Pollutant Emissions........................................................................40 Table 2: Unmitigated Operational Pollutant Emissions (2025) .............................................................42 Table 3: Maximum On-site Daily Air Pollutant Emissions During Construction....................................43 Table 4: Maximum On-site Daily Air Pollutant Emissions During Operations.......................................43 Table 5: Estimated Health Risks and Hazards During Project Construction at the Maximum Impacted Receptor...........................................................................................48 Table 6: Screening Levels for Potential Odor Sources...........................................................................50 Table 7: Estimated Annual Project Energy Consumption......................................................................74 Table 8: Construction Greenhouse Gas Emissions................................................................................87 Table 9: Unmitigated Project Operational Greenhouse Gases 2025 ....................................................87 Table 10: Proposed Project Consistency with 2017 Scoping Plan Greenhouse Gas Emission Reduction Strategies ..........................................................................................89 Table 11: Proposed Project Consistency with 2022 Scoping Plan Greenhouse Gas Emission Reduction Strategies ..........................................................................................91 Table 12: VMT per Employee Summary..............................................................................................130 Table 13: TDM Reduction Measures...................................................................................................130 Table 14: Water Supply Demand Comparison for Normal, Single Dry, and Multiple Dry Years in the COSMUD Service Area .................................................................................138 Table 15: Landfill Capacities................................................................................................................140 List of Exhibits
Exhibit 1:Regional Location Map............................................................................................................. 7 Exhibit 2: Local Vicinity Map ................................................................................................................... 9 Exhibit 3: FEMA Flood Zone Map..........................................................................................................11 Exhibit 4: General Plan Land Use Map..................................................................................................13 Exhibit 5: Zoning Map ...........................................................................................................................15 Exhibit 6: Site Plan................................................................................................................................. 17 Exhibit 7: Conceptual Off-site Improvements.......................................................................................19 Exhibit 8: Land Cover and Vegetation Community Types .....................................................................59 Exhibit 9: Impacts on Biological Resources...........................................................................................61 EXHIBIT 1
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City of Stockton–South McKinley Avenue East Industrial Project Initial Study/Mitigated Negative Declaration Acronyms and Abbreviations FirstCarbon Solutions v Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx

ACRONYMS AND ABBREVIATIONS
°F degrees Fahrenheit
µg/m3 micrograms per cubic meter
AAF age-specific adjustment factor
AB Assembly Bill
AERMOD American Meteorological Society/EPA Regulatory Model Air Basin San Joaquin Valley Air Basin
ALUCP Airport Land Use Compatibility Plan
APN Assessor’s Parcel Number
AQI Air Quality Index
AQMD Air Quality Management District
AQP Air Quality Plan
ARB California Air Resources Board
ASCE American Society of Civil Engineers
ASF age sensitivity factor
AST aboveground storage tank
ASTM American Society for Testing Materials
BERD California Built Environment Resource Directory
BEV battery electric vehicle
BMP Best Management Practice
BNSF Burlington Northern Santa Fe
BRA Biological Resources Assessment
Cal/EPA California Environmental Protection Agency
CalEEMod California Emissions Estimator Model
CAL FIRE California Department of Forestry and Fire Protection CALGreen California Green Building Standards Code
Cal/OSHA California Division of Occupational Safety and Health Caltrans California Department of Transportation
CAP Climate Action Plan
CAPCOA California Air Pollution Control Officers Association CBC California Building Standards Code
CCIC Central California Information Center
CCS Carbon Capture and Sequestration
CDF California Department of Finance
CDFW California Department of Fish and Wildlife
CDR Carbon Dioxide Removal
EXHIBIT 1
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City of Stockton–South McKinley Avenue East Industrial Project Acronyms and Abbreviations Initial Study/Mitigated Negative Declaration vi FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx CEC California Energy Commission
CEQA California Environmental Quality Act
CGS California Geological Survey
CHL California Historic Landmarks
CMP Congestion Management Program
CNDDB California Natural Diversity Database
CNEL Community Noise Equivalent Level
CO carbon monoxide
CO2 carbon dioxide
CO2e carbon dioxide equivalent
COSMUD City of Stockton Municipal Utility District
CPF cancer potency factor
CPHI California Points of Historical Interest
CRA Cultural Resources Assessment
CRHR California Register of Historical Resources
CTR Commuter Trip Reduction
dB decibel
dBA A-weighted decibel
DBR daily breathing rates
DNL Day-Night Level
DPM diesel particulate matter
DPR California Department of Parks and Recreation
DTSC California Department of Toxic Substances Control
DWTP Delta Water Treatment Plant
EIR Environmental Impact Report
EMFAC EMission FACtor mobile source emissions model
EOP Emergency Operations Plan
EPA United States Environmental Protection Agency
ESA Environmental Site Assessment
EV electric vehicle
FAR floor area ratio
FCS FirstCarbon Solutions
FEMA Federal Emergency Management Agency
FHSZ Fire Hazard Severity Zone
FICAN Federal Interagency Committee on Aviation Noise
FMMP Farmland Mapping and Monitoring Program
FTA Federal Transit Administration
GAMAQI Guidance for Assessing and Mitigating Air Quality Impacts EXHIBIT 1
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City of Stockton–South McKinley Avenue East Industrial Project Initial Study/Mitigated Negative Declaration Acronyms and Abbreviations FirstCarbon Solutions vii Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx GHG greenhouse gas
GWP global warming potential
HBW home-based work
HFC hydrofluorocarbon
HHDT Heavy Heavy-Duty Truck
HI hazard index
HRA Health Risk Assessment
HTAC Habitat Technical Advisory Committee
HVAC heating, ventilation, and air conditioning
I-L Industrial Limited
IS/MND Initial Study/Mitigated Negative Declaration
ITE Institute of Transportation Engineers
ITMM Incidental Take Minimization Measure
kBTU kilo-British Thermal Unit
kWh kilowatt-hour
LCFS Low Carbon Fuel Standard
Ldn day/night sound level
LED light-emitting diode
Leq equivalent continuous sound level
Lmax maximum instantaneous noise level
LOS Level of Service
LRA Local Responsibility Area
MBTA Migratory Bird Treaty Act
mgd million gallons per day
MHDT Medium Heavy-Duty Truck
MIR Maximally Impacted Sensitive Receptor
MLD Most Likely Descendant
MM Mitigation Measure
MMRP Mitigation Monitoring and Reporting Program
mph miles per hour
MRP Municipal Regional Stormwater NPDES Permit
MRZ Mineral Resource Zone
MS4 Municipal Separate Storm Sewer System
MT metric tons
MUSD Manteca Unified School District
NAHC Native American Heritage Commission
NB No Build
NEV neighborhood electric vehicle
EXHIBIT 1
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City of Stockton–South McKinley Avenue East Industrial Project Acronyms and Abbreviations Initial Study/Mitigated Negative Declaration viii FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx NFHL National Flood Hazard Layer
NO2 nitrogen dioxide
NOX oxides of nitrogen
NPDES National Pollutant Discharge Elimination System
NRHP National Register of Historic Places
OEHHA California Office of Environmental Health Hazard Assessment OES Office of Emergency Services
OSHA Occupational Safety and Health Administration
PG&E Pacific Gas and Electric Company
PM10 particulate matter, including dust, 10 micrometers or less in diameter PM2.5 particulate matter, including dust, 2.5 micrometers or less in diameter PPV peak particle velocity
REC Recognized Environmental Condition
REL Reference Exposure Level
ROG reactive organic gases
RPS Renewables Portfolio Standard
RWCF Regional Wastewater Control Facility
RWQCB Regional Water Quality Control Board
Sacramento Metro AQMD Sacramento Metropolitan Air Quality Management District SB Senate Bill
SEL sound exposure levels
SEWD Stockton East Water District
SFD Stockton Fire Department
SIL significant impact level
SJCOG San Joaquin Council of Governments
SJMSCP San Joaquin County Multi-Species Habitat Conservation and Open Space Plan SJVAPCD San Joaquin Valley Air Pollution Control District SNAP Significant New Alternatives Policy
SO2 sulfur dioxide
SOI Sphere of Influence
South Coast AQMD South Coast Air Quality Management District SOx sulfur oxide
SPAL Small Projects Analysis Level
SPD Stockton Police Department
SR State Route
SRA State Responsibility Area
State Water Board California State Water Resources Control Board SUSD Stockton Unified School District
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City of Stockton–South McKinley Avenue East Industrial Project Initial Study/Mitigated Negative Declaration Acronyms and Abbreviations FirstCarbon Solutions ix Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx SWITRS Statewide Integrated Traffic Records System
SWMP Storm Water Management Plan
SWPPP Storm Water Pollution Prevention Plan
SWQCP Storm Water Quality Control Plan
TAC toxic air contaminant
TAH time at home factors
TAZ Traffic Analysis Zone
TCR Tribal Cultural Resource
TDM Transportation Demand Management
TIA Transportation Impact Analysis
TIS Traffic Impact Study
TRU Transport Refrigeration Unit
UCMP University of California Museum of Paleontology
USGS United States Geological Survey
VERA Voluntary Emissions Reduction Agreement
VMT Vehicle Miles Traveled
VOC volatile organic compound
WID Woodbridge Irrigation District
WMPU Water Master Plan Update
ZEV Zero-Emission Vehicle
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City of Stockton–South McKinley Avenue East Industrial Project Initial Study/Mitigated Negative Declaration Introduction FirstCarbon Solutions 1 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx SECTION 1: INTRODUCTION

1.1 - Purpose
The purpose of this Draft Initial Study/Mitigated Negative Declaration (Draft IS/MND) is to identify any potential environmental impacts that would result from implementation of the proposed South McKinley Avenue East Industrial Project (proposed project) in the City of Stockton, California.

Pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15367, the City of Stockton has discretionary authority over the proposed project and is the Lead Agency in the preparation of this Draft IS/MND and any additional environmental documentation required for the project. The intended use of this Draft IS/MND is to determine the level of environmental analysis required to adequately analyze the proposed project pursuant to the requirements of CEQA and to provide the basis for input from public agencies, organizations, and interested members of the public. As identified in the following analysis, potential adverse environmental impacts associated with the proposed project either do not occur, are less than significant, or have been rendered less than significant. Therefore, this Initial Study is intended to support adoption of a Mitigated Negative Declaration.

The remainder of this section provides a brief description of the project location and the primary project characteristics. Section 2 includes an environmental checklist that provides an overview of the potential impacts that may result from project implementation, elaborates on the information contained in the environmental checklist, and provides justification for each checklist response, and Section 3 contains the List of Preparers.

1.2 - Project Location
The project site is located in the City of Stockton’s Sphere of Influence (SOI) just south of the Stockton city limits, in San Joaquin County, California (Exhibit 1). The 11.7-acre project site corresponds to Assessor’s Parcel Number (APN) 193-02-034, located at 6505 South McKinley Avenue East. Regional access to the site is provided by Interstate 5 (I-5), and State Route (SR) 99. As shown in Exhibit 2, the Union Pacific-Oakland Railroad parallels South McKinley to the east, and the Union Pacific-Fresno Railroad runs north–south to the west of the site.

1.2.1 - Environmental Setting
The project site is currently vacant and undeveloped, aside from a shipping container located at the north end of the project site. The site lies along French Camp Slough and riparian oak woodlands associated with French Camp Slough are located along the northern and western property lines. The site has historically been used for agricultural purposes. Most recently it was used for the cultivation of hay, and is plowed and disced regularly. A barbed wire fence and overhead electrical lines line the perimeter of the project site.

EXHIBIT 1
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City of Stockton–South McKinley Avenue East Industrial Project Introduction Initial Study/Mitigated Negative Declaration 2 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx The project site Is located partially within a Federal Emergency Management Agency (FEMA) 500- year Flood Zone and partially within a FEMA 100-year Flood Zone in the area adjacent in the French Camp Slough1
(Exhibit 3).

1.2.2 - Surrounding Land Uses
The surrounding area is designated as Industrial, Open Space/Agriculture, and Low Density Residential. The project site is surrounded by a manufacturing plant to the north; South McKinley Avenue and a logistics center and a distribution center to the east; French Camp Slough, a warehouse building and lot, and a single-family residence to the south; and French Camp Slough and vacant land to the west.

1.2.3 - General Plan and Zoning
The project site is designated Industrial by the Envision Stockton 2040 General Plan (General Plan) (Exhibit 4).2 The Industrial land use designation allows for a wide variety of industrial uses, including warehousing, and office uses. The maximum allowable floor area ratio (FAR) for industrial uses is 0.6.

The project site is anticipated to be zoned Industrial Limited (I-L) upon annexation into the City and the proposed project would be designed to comply with I-L Zone regulations (Exhibit 5). The I-L Zone allows for warehouse uses and supporting office uses.

The County designates the project site as Mixed-Use (M/X). 3 However, because the property is
within the City’s SOI and it would be annexed into the City as part of the proposed project, the City’s designation is used in this analysis.

1.3 - Project Description
The proposed project would result in the annexation of the site into the City of Stockton and the development of a 184,166-square-foot building containing 179,166 square feet of warehouse space and 5,000 square feet of office space (Exhibit 6). The building would include 27 dock doors and a loading area along the west side of the building. Parking spaces would be provided on the east, south, and west sides of the building. There would be a 30-foot setback at the front of the building along South McKinley Avenue. Landscaping would be provided around the perimeter of the parking lot, with trees and shrubs to provide canopy. All landscaping would be low-maintenance with waterefficient native species. All landscaping equipment used at the facility would be electric or battery powered. The design of the building would provide for outlets on the outside of buildings or in other accessible areas to facilitate the use of electrically powered landscape equipment. 1 Federal Emergency Management Agency (FEMA). FEMA’s National Flood Hazard Layer (NFHL) Viewer. Website: https://hazardsfema.maps.arcgis.com/apps/webappviewer/index.html?id=8b0adb51996444d4879338b5529aa9cd. Accessed May 16, 2022. 2 City of Stockton. 2018. Envision Stockton 2040 General Plan. Figure 2-8 General Plan Land Use Map. Website:
http://www.stocktonca.gov/files/Adopted_Plan.pdf. Accessed May 16, 2022. 3 San Joaquin County. 2016. San Joaquin County General Plan Policy Document. December.

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City of Stockton–South McKinley Avenue East Industrial Project Initial Study/Mitigated Negative Declaration Introduction FirstCarbon Solutions 3 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx In addition, the project would require a 4-foot-deep trench for a new sewer line in South McKinley Avenue, extending approximately 2,400 feet north of the site, near the intersection of Sperry Road (Exhibit 7). A sewer lift station would be constructed within the project site.

The tenant for the proposed project is speculative. The following operational features are proposed by the project proponent and would be included in project construction plans and specifications:
• Owners, operators, or tenants shall establish locations for food or catering truck service and cooperate with food service providers to provide consistent food service to operations employees on-site in order to minimize project generated trips. • Owners, operators, or tenants shall prohibit the use of diesel generators, except in emergency situations, in which case such generators shall have Best Available Control Technology (BACT) that meets California Air Resources Board (ARB) Tier 4 emission standards. • Owners, operators, or tenants shall provide periodic yard and parking area sweeping to minimize dust generation. All facility operators would train managers and employees on efficient scheduling and load management to eliminate unnecessary queueing and idling of trucks.

In addition, all tenant lease agreements for the project site shall include a provision requiring the tenant/lessee to comply with all applicable requirements of the Mitigation Monitoring and Reporting Program (MMRP), a copy of which shall be attached to each tenant/lease agreement.

1.3.1 - Parking, Access, and Circulation
Access would be provided by two 35-foot-wide driveways along South McKinley Avenue at the north and south ends of the project site and continue around the perimeter of the proposed building. A total of 192 parking stalls would be provided, 150 of which would be standard parking stalls located to the east and south of the proposed building. Thirty-seven trailer parking stalls would be located west of the proposed building adjacent to the loading area. All driveways and parking stalls would be constructed in accordance with the City’s Development Code.4 In order to minimize the number of trips generated by the project during construction, the applicant has agreed to require the construction contract to provide transit and ride sharing information for construction workers. In addition, the contractor will establish one or more locations for food or catering truck service to construction workers and to cooperate with food service providers to provide consistent food service on-site.

1.3.2 - Utilities
The proposed project is located within the service areas of the following utility service providers, which would provide service following construction and operation:
4 City of Stockton. 2023. Stockton, California, Municipal Code, Charter, and Civil Service Rules. Title 16. Development Code.

EXHIBIT 1
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City of Stockton–South McKinley Avenue East Industrial Project Introduction Initial Study/Mitigated Negative Declaration 4 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx • Water: The proposed project would obtain water from the City of Stockton Municipal Utilities Department (COSMUD).5
• Wastewater: The proposed project’s wastewater would be collected in a proposed sanitary sewer line extension that would connect to the City’s sewer line near Sperry Road and treated by the Stockton Regional Wastewater Control Facility (RWCF).6 • Solid Waste: Waste Management would provide solid waste pickup services for the project site.7
• Electricity and Gas: Pacific Gas and Electric Company (PG&E) would provide electricity to the project site.8

1.3.3 - Construction
The proposed project would require site preparation, grading, paving, and installation of the warehouse facility. The construction phases and approximate dates for their duration are outlined below:
• Site preparation (1 week): During this phase, the project site would be readied for construction, including the removal of existing vegetation. • Grading (4 weeks): During this phase, grading of the project site would occur. • Construction (38 weeks): This phase includes construction of the warehouse building and office space.
• Paving (1 week): This phase includes paving and striping of the parking areas and driveways, as well as the construction of building setbacks, side yards, and signage. • Architectural Coating (2 weeks): This phase involves the application of architectural coatings.

The proposed project would include the following features as Best Management Practices (BMPs):
• At least 10 percent of building materials used for project construction would be sourced from local suppliers.
• At least 65 percent of construction and demolition waste materials would be recycled or reused.
• Architectural coatings used for project construction shall be “Low-VOC,” containing no greater than 50 grams of volatile organic compounds (VOC) per liter of product. 5 City of Stockton. January 2021. Water Master Plan Update. Website:
http://www.stocktonca.gov/files/COS_MUD__Water_Master_Plan_Update_2021.pdf#page=41&zoom=100,92,116. Accessed May 16, 2022. 6
City of Stockton. 2022. Wastewater (Sewer). Website:
http://www.stocktonca.gov/government/departments/municipalUtilities/utilSewer.html. Accessed May 16, 2022. 7 City of Stockton. 2023. Garbage Collection. Website:
http://www.stocktonca.gov/government/departments/adminServices/ubilServGarb.html#:~:text=Waste%20collection%20services %20are%20provided,by%20Waste%20Management%20(WM).&text=Customers%20with%20brown%2Dbodied%20carts,by%20Rep ublic%20Services%20(Republic).&text=Your%20garbage%20service%20provider%20is%20determined%20by%20the%20location%2 0of%20your%20residence. Accessed May 16, 2022. 8
Pacific Gas and Electric Company (PG&E). Website: https://www.pge.com/. Accessed May 16, 2022.

EXHIBIT 1
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City of Stockton–South McKinley Avenue East Industrial Project Initial Study/Mitigated Negative Declaration Introduction FirstCarbon Solutions 5 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx • All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. • Signs would be posted at every truck exit driveway providing directional information to the truck route.

For the purposes of this analysis, the proposed project is anticipated to be constructed over a 9- month period from April 2024 through December 2024.

1.4 - Required Discretionary Approvals
As mentioned previously, the City of Stockton has discretionary authority over the proposed project and is the CEQA Lead Agency for the preparation of this Draft IS/MND. The City has pre-zoned the site as Industrial Limited (I-L), which will take effect upon annexation. In order to implement the project, the City would need to secure the following permits/approvals:
• Annexation into the City of Stockton
• Design Review

1.5 - Intended Uses of this Document
This Draft IS/MND has been prepared to evaluate the potential adverse environmental impacts resulting from the proposed project. This document will also serve as a basis for soliciting comments and input from members of the public and public agencies regarding the proposed project. The Draft IS/MND will be circulated for a minimum of 30 days, during which comments concerning the analysis contained in the Draft IS/MND should be sent to:

Nicole D. Moore, LEED® AP
City of Stockton
345 North El Dorado Street
Stockton, CA 95202
Phone: 209.937.8561
Email: [email protected]
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Alameda County
Santa Clara County
99 4
26 88
120
132
33 San Joaquin County
Stanislaus County
580
205
5 Manteca
Lathrop
Tracy
Stockton
Ripon
Patterson
Disappointment
Middle River Slough
Clifton
Court
Forebay
Exhibit 1
Reg ional Location Map
5 2.5 0 5
Miles
Text
Project Site
S ource: Census 2000 Data, The California S patial Inform ation Library (CaS IL).

CITY OF S TOCKTON

S OUTH MCKINLEY AVENUE EAS T INDUS TRIAL PROJECT

INITIAL S TUDY/MITIGATED NEGATIVE DECLARATION
55760004 • 04/2023 | 1_reg ional.m xd
Project Site
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55760004 • 04/2023 | 2_local_vicin ity.m xd
Exhibit 2
Local Vicin ity Map
Source: Bing Aerial Im agery.

CIT Y OF ST OCKT ON

SOUT H MCKINLEY AVENUE EAST INDUST RIAL PROJECT

INIT IAL ST UDY/MIT IGAT ED NEGAT IVE DECLARAT ION
1,000 500 0 1,000
Feet
Legend
Project Site
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55760004 • 04/2023 | 3_FEMA_flood_zones.m xd
Exhibit 3
FEMA Flood Zones
Source: Bing Aerial Im agery. FEMA National Flood Hazard Layer.

CITY OF STOCKTON

SOU TH MCKINLEY AVENU E EAST INDU STRIAL PROJECT

INITIAL STU DY/MITIGATED NEGATIVE DECLARATION
200 100 0 200
Feet
Legend
Project Site 11.26 acres
Flood Hazard Zones
Regulatory Floodway
1% Annual Chance Flood Hazard

0.2% Annual Chance Flood Hazard
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55760004 • 04/2023 | 4_GPLU.m xd
Exh ibit 4
General Plan Land Use
Source: Bing Aerial Im agery. CIty of Stock ton.

CIT Y OF ST OCKT ON

SOUT H MCKINLEY AVENUE EAST INDUST RIAL PROJECT

INIT IAL ST UDY/MIT IGAT ED NEGAT IVE DECLARAT ION
1,000 500 0 1,000
Feet
Legend
Project Site
City of Stockton
General Plan Land Use Designations
Low Density Residential
Commercial
Administrative Professional
Industrial
Institutional
Open Space/Agriculture
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55760004 • 04/2023 | 4_z oning .m xd
Exhibit 5
Zoning
Source: Bing Aerial Im ag ery. CIty of Stockton. County of San Joaquin.

CIT Y OF ST OCKT ON

SOUT H MCKINLEY AVENUE EAST INDUST RIAL PROJECT

INIT IAL ST UDY/MIT IGAT ED NEGAT IVE DECLARAT ION
1,000 500 0 1,000
Feet
Legend
Project Site
City of Stockton
City of Stockton Zoning
General Commercial
General Industrial
Light/Limited Industrial
Open Space
Right of Way
County of San Joaquin Zoning
Agriculture Urban Reserve
Community Commercial
Freeway Service Commercial
General Agriculture
General Commercial
General Industrial
Limited Agriculture
Limited Commercial
Light/Limited Industrial
Low Density Residential
Public Facilities
Warehouse Industrial
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POTENTIAL OFFICE

WAREHOUSE

LANDSCAPE

DRIVE THRU DOOR
Exhibit 6
Site Plan

CITY OF STOCKTON

SOUTH MCKINLEY AVENUE EAST INDUSTRIAL PROJECT

INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
Source: HPA Architecture, March 30th, 2023.
55760004 • 04/2023 | 5_site_plan.cdr I
EXHIBIT 1
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Exhibit 7
Conceptual Off-site Improvements

CITY OF STOCKTON

SOUTH MCKINLEY AVENUE EAST INDUSTRIAL PROJECT

INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
55760004 • 04/2023 | 7_conceptual_offsite_improvements.cdr EXHIBIT 1
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City of Stockton–South McKinley Avenue East Industrial Project Environmental Checklist and Initial Study/Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 21 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx SECTION 2: ENVIRONMENTAL CHECKLIST AND ENVIRONMENTAL

EVALUATION
Environmental Factors Potentially Affected
The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a “Potentially Significant Impact” as indicated by the checklist on the following pages.

Aesthetics Agriculture and Forestry
Resources
Air Quality
Biological Resources Cultural Resources Energy
Geology/Soils Greenhouse Gas Emissions Hazards/Hazardous Materials
Hydrology/Water Quality Land Use/Planning Mineral Resources Noise Population/Housing Public Services
Recreation Transportation Tribal Cultural Resources
Utilities/Services Systems Wildfire Mandatory Findings of Significance
Environmental Determination
On the basis of this initial evaluation:

I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.

I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.

I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.

I find that the proposed project MAY have a “potentially significant impact” or “potentially significant unless mitigated” impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measure based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.

I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required.

Date: Signed:

EXHIBIT 1
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Environmental Checklist and City of Stockton–South McKinley Avenue East Industrial Project Environmental Evaluation Initial Study/Mitigated Negative Declaration 22 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx Environmental Issues
Potentially
Significant
Impact
Less than
Significant
Impact with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact

2.1 Aesthetics
Except as provided in Public Resources Code Section 21099, would the project:
a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic
building within a State Scenic Highway?
c) In non-urbanized areas, substantially degrade the
existing visual character or quality of public views of the site and its surroundings? (Public views are those
that are experienced from publicly accessible
vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and
other regulations governing scenic quality?
d) Create a new source of substantial light or glare
which would adversely affect day or nighttime views
in the area?
Environmental Evaluation
Setting
Parks, recreation, open space, and agricultural uses account for about 14 percent of the City and its SOI. The General Plan Community Vision aims to preserve scenic vistas of agricultural land. The project site is designated as Farmland of Local Importance by the California Important Farmland Finder.9
The City collaborates with regional agencies and neighboring jurisdictions to manage and protect natural resources as a voluntary participant in the San Joaquin County Multi-Species Habitat Conservation and Open Space Plan (SJMSCP), which was adopted in 2001.

General Plan Action LU-1.3C requires the incorporation of scenic views, including open space features like waterways, wetlands, natural landscapes, and parks, into the design of the built environment.

General Plan Action LU-5.3A requires that landscaping and other attractive edging are used at the interface between development and rural landscapes, rather than sound walls and similar utilitarian edges, in order to maintain the visual integrity of open space. 9 California Department of Conservation. 2016. California Important Farmland Finder. Website:
https://maps.conservation.ca.gov/DLRP/CIFF/. Accessed April 1, 2023.

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City of Stockton–South McKinley Avenue East Industrial Project Environmental Checklist and Initial Study/Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 23 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx General Plan Action LU-5.3C requires the maintenance of the City’s agricultural conservation program, which requires that either dedication of an agricultural conservation easement at a 1:1 ratio or payment of an in lieu agricultural mitigation fee for the conversion of Prime Farmland, Farmland of Statewide Importance, or Unique Farmland, as defined by the State Farmland Monitoring and Mapping Program (FMMP). As stated above, the project site is designated Farmland of Local Importance, which is not listed in this policy.

Would the project:
a) Have a substantial adverse effect on a scenic vista? Less than significant impact. While the General Plan notes agricultural resources as important scenic vistas in the City, there are no officially designated scenic vistas within the Planning Area.

The project site is currently vacant and undeveloped. It was previously used for agricultural purposes and is designated Farmland of Local Importance. While General Plan policies protect Prime Farmland, Farmland of Statewide Importance, or Unique Farmland, they do not apply to Farmland of Local Importance.

The project site is adjacent to French Camp Slough and is bordered to the north, west, and south by trees associated with this riparian feature. Land designated as Open Space/Agriculture is located across South McKinley Avenue East, encompassing a portion of French Camp Slough. Therefore, development of the proposed project would change current scenic views of the project site.

However, none of the scenic resources on-site are officially designated or regulated by General Plan policies. Furthermore, the proposed project would comply with General Plan Policy LU-5.3A by providing landscaping around the perimeter of the project site. The project site has a General Plan land use designation of Industrial and is also adjacent to Industrial and Low Density Residential uses.

Therefore, impacts to scenic vistas would be less than significant. b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic building within a State Scenic Highway?
No impact. There are no designated State Scenic Highways near the project site. The nearest officially designated State Scenic Highway is a portion of I-580, located approximately 18 miles southwest of the project site, which is not visible.
10 As the proposed project would not have the
potential to damage any trees, rock outcroppings, or historic buildings visible from these roadways, no impact would occur.
10 California Department of Transportation (Caltrans). 2019. Scenic Highway System Lists. Website:
https://dot.ca.gov/programs/design/lap-landscape-architecture-and-community-livability/lap-liv-i-scenic-highways. Accessed April 1, 2023.

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Environmental Checklist and City of Stockton–South McKinley Avenue East Industrial Project Environmental Evaluation Initial Study/Mitigated Negative Declaration 24 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx c) In non-urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? Less than significant impact. While the project site is adjacent to French Camp Slough, a portion of which is designated Open Space/Agriculture, the site is largely surrounded by industrial uses to the east, north, and west and is in an area largely characterized by industrial development. Therefore, the project site is considered to be in an urbanized area. The project site itself is designated Industrial by the General Plan, which allows for a wide variety of industrial uses, including the proposed warehousing and associated office uses. The maximum allowable FAR for the Industrial land use designation is 0.6. The FAR of the proposed project would be approximately 0.4, which would be consistent with the maximum allowable FAR for the Industrial land use designation. Upon annexation into the City, the project site would be zoned I-L, which also allows for warehouse uses and supporting office uses. The proposed project would be required to follow the I-L zoning district standards outlined in Municipal Code Section 16.24.130. Furthermore, per Municipal Code Chapter

16.120, the proposed project would undergo Design Review prior to approval to ensure consistency with the Stockton Municipal Code and Citywide Design Guidelines. Therefore, the proposed project would not conflict with applicable zoning and other regulations governing scenic quality. Impacts would be less than significant.
d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area?
Less than significant impact. Excessive or inappropriately directed lighting can adversely affect nighttime views by reducing the ability to see the night sky and stars. Glare can be derived from unshielded or misdirected lighting sources. Reflective surfaces (i.e., polished metal) can also cause glare. Impacts associated with glare range from simple nuisance to potentially dangerous situations (i.e., if glare is directed into the eyes of motorists). Light-sensitive land uses in the area include Low Density Residential uses to the south.

The project site is currently undeveloped and does not contain existing sources of light and glare.

The area surrounding the project site has existing sources of light and glare, including headlights from vehicles traveling on South McKinley Avenue East, streetlights, and existing development such as the industrial uses north and east of the project site. The proposed project would create new sources of light and glare resulting from indoor and outdoor lighting as well as vehicles circulating the site.

The proposed lighting would be consistent with the site’s zoning and the existing character of the surrounding industrial area. Additionally, the proposed project would comply with Municipal Code Section 16.32.070, Light and Glare, general performance standards, 11 which would ensure that light
generated on-site would be directed downward so as not to trespass onto residential properties to 11 City of Stockton. Stockton, California Municipal Code, Charter, and Civil Service Rules. Title 16 Development Code. Division 3. Site Planning and General Development Regulations. Chapter 16.32 General Performance Standards. Section 16.32.070 Light and glare.

Website: https://library.qcode.us/lib/stockton_ca/pub/municipal_code/item/title_16-division_3-chapter_16_32-16_32_070.

Accessed April 1, 2023.

EXHIBIT 1
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City of Stockton–South McKinley Avenue East Industrial Project Environmental Checklist and Initial Study/Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 25 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx the south or adversely affect nearby light-sensitive uses. Furthermore, per Municipal Code Chapter

16.120, the proposed project would undergo Design Review prior to approval to ensure consistency with the Stockton Municipal Code and Citywide Design Guidelines. Therefore, impacts would be less than significant.

Mitigation Measures
None required.

EXHIBIT 1
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Environmental Checklist and City of Stockton–South McKinley Avenue East Industrial Project Environmental Evaluation Initial Study/Mitigated Negative Declaration 26 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx Environmental Issues
Potentially
Significant
Impact
Less than
Significant
Impact with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact

2.2 Agriculture and Forestry Resources
In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the State’s inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board.

Would the project:
a) Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland), as
shown on the maps prepared pursuant to the
Farmland Mapping and Monitoring Program of the
California Resources Agency, to nonagricultural use?
b) Conflict with existing zoning for agricultural use, or a Williamson Act Contract?
c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code
Section 12220(g)), timberland (as defined by Public
Resources Code Section 4526), or timberland zoned
Timberland Production (as defined by Government
Code Section 51104(g))?
d) Result in the loss of forest land or conversion of
forest land to non-forest use?
e) Involve other changes in the existing environment
which, due to their location or nature, could result in conversion of Farmland, to nonagricultural use or
conversion of forest land to non-forest use?
Environmental Evaluation
In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection (CAL FIRE) regarding the State’s inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the ARB.

EXHIBIT 1
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City of Stockton–South McKinley Avenue East Industrial Project Environmental Checklist and Initial Study/Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 27 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx Setting
The General Plan Community Vision aims to preserve scenic vistas of agricultural land. The project site is designated as Farmland of Local Importance by the California Important Farmland Finder.12 General Plan Action LU-5.3C discusses the maintenance of the City’s agricultural conservation program, and requires either dedication of an agricultural conservation easement at a 1:1 ratio or payment of an in lieu agricultural mitigation fee for the conversion of Prime Farmland, Farmland of Statewide Importance, or Unique Farmland, as defined by the State FMMP. As stated above, the project site is designated Farmland of Local Importance, which is not listed in this policy.

Would the project:
a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to nonagricultural use?
No impact. The project site does not contain Prime Farmland, Unique Farmland, or Farmland of Statewide Importance; therefore, the proposed project would not result in the conversion of any protected Farmlands to nonagricultural uses. As such, General Plan Action LU-5.3C does not apply.

No impact would occur.
b) Conflict with existing zoning for agricultural use, or a Williamson Act Contract? No impact. The project site would be zoned as I-L upon annexation into the City. This zone does not allow for agricultural uses. Furthermore, the project site is not encumbered by a Williamson Act Contract.13 Therefore, no impact would occur.
c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code Section 12220(g)), timberland (as defined by Public Resources Code Section 4526), or timberland zoned Timberland Production (as defined by Government Code Section 51104(g))? No impact. The California Public Resources Code defines forestland as land that can support 10 percent native tree cover of any species, including hardwoods, under natural conditions, and that allows for management of one or more forest resources, including timber, aesthetics, fish and wildlife, biodiversity, water quality, recreation, and other public benefits (Public Resources Code [PRC] § 12220). “Timberland” is defined as land that is available for, and capable of, growing a crop of trees of a commercial species used to produce lumber and other forest products (PRC § 4526). “Timberland production zone” is defined as an area that has been zoned and used for growing and harvesting timber, or for growing and harvesting timber and compatible uses (PRC § 51104(g)).

The project site does not have a forest land zoning designation and does not contain forestland or timberland as defined above. The project site would be zoned as I-L upon annexation into the City, 12 California Department of Conservation. 2016. California Important Farmland Finder. Website:
https://maps.conservation.ca.gov/DLRP/CIFF/. Accessed April 1, 2023. 13 San Joaquin Valley Gateway. 2015. San Joaquin County Williamson Act Parcels. Website:
https://sjvp.databasin.org/datasets/a32f8f44b4524b07b1861e779a0857c0/. Accessed April 1, 2022.

EXHIBIT 1
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Environmental Checklist and City of Stockton–South McKinley Avenue East Industrial Project Environmental Evaluation Initial Study/Mitigated Negative Declaration 28 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx which is an industrial designation that does not allow for forest land or timberland uses. No impact would occur.
d) Result in the loss of forest land or conversion of forest land to non-forest use? No impact. The project site does not contain nor is it adjacent to any forest land. Therefore, there would be no loss of forest land or conversion of forest land to non-forest use as a result of the proposed project. No impact would occur.
e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to nonagricultural use or conversion of forest land to non-forest use?
Less than significant impact. The project site is designated Farmland of Local Importance; it is not designated Prime Farmland, Unique Farmland, or Farmland of Statewide Importance. While the project site was previously used for agriculture, it is now vacant and no longer used for agricultural purposes.

Furthermore, the proposed project is not located on or near forestland and therefore would not convert forest land to a non-forest use. Therefore, impacts would be less than significant.

Mitigation Measures
None required.

EXHIBIT 1
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City of Stockton–South McKinley Avenue East Industrial Project Environmental Checklist and Initial Study/Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 29 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx Environmental Issues
Potentially
Significant
Impact
Less than
Significant
Impact with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact

2.3 Air Quality
Where available, the significance criteria established by the applicable air quality management district or air pollution control district may be relied upon to make the following determinations.

Would the project:
a) Conflict with or obstruct implementation of the
applicable air quality plan?
b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is
nonattainment under an applicable federal or State
ambient air quality standard?
c) Expose sensitive receptors to substantial pollutant
concentrations?
d) Result in other emissions (such as those leading to
odors or) adversely affecting a substantial number of
people?
Environmental Evaluation
The analysis in this section is based, in part, on the Air Quality, Greenhouse Gas Emissions, and Energy Report prepared by FirstCarbon Solutions (FCS), which is included as Appendix A.

Where available, the significance criteria established by the applicable Air Quality Management District or Air Pollution Control District may be relied upon to make the following determinations.

Setting
The proposed project is located in the City of Stockton, in San Joaquin County, California, situated in the San Joaquin Valley Air Basin (Air Basin) and within the boundaries of the San Joaquin Valley Air Pollution Control District (SJVAPCD). The Air Basin is generally shaped like a bowl. It is open in the north and is surrounded by mountain ranges on all other sides. The Sierra Nevada mountains are along the eastern boundary (8,000 to 14,000 feet in elevation), the Coast Ranges are along the western boundary (3,000 feet in elevation), and the Tehachapi Mountains are along the southern boundary (6,000 to 8,000 feet in elevation).14
The air pollutants for which national and State standards have been promulgated and that are most relevant to air quality planning and regulation in the Air Basin include ozone, nitrogen oxide (NOX), carbon monoxide (CO), particulate matter, including dust, 10 micrometers or less in diameter (PM10), and particulate matter, including dust, 2.5 micrometers or less in diameter (PM2.5). In addition, toxic air contaminants (TACs) are of concern in the Air Basin. Each of these pollutants is briefly described 14 San Joaquin Valley Air Pollution Control District (SJVAPCD). 2015. Guidance for Assessing and Mitigating Air Quality Impacts.

February.

EXHIBIT 1
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Environmental Checklist and City of Stockton–South McKinley Avenue East Industrial Project Environmental Evaluation Initial Study/Mitigated Negative Declaration 30 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx below. Other pollutants that are regulated but not considered an issue in the project area are sulfur dioxide (SO2), vinyl chloride, sulfates, hydrogen sulfide, and lead; the proposed project would not emit substantial quantities of those pollutants, so they are not discussed further in this section. • Ozone is a gas that is formed when reactive organic gases (ROG), also known as volatile organic compounds (VOC), and NOX—both byproducts of internal combustion engine exhaust—undergo slow photochemical reactions in the presence of sunlight. Ozone concentrations are generally highest during the summer months when direct sunlight, light wind, and warm temperature conditions are conducive to its formation. Its effects can include the following: irritate respiratory system; reduce lung function; cause breathing pattern changes; reduce breathing capacity; inflame and damage cells that line the lungs; make lungs more susceptible to infection; aggravate asthma; aggravate other chronic lung diseases; cause permanent lung damage; cause some immunological changes; increase mortality risk; and cause vegetation and property damage.
• CO is a colorless, odorless gas produced by the incomplete combustion of fuels. CO concentrations tend to be the highest during winter mornings, with little to no wind, when surface-based inversions trap the pollutant at ground levels. Because CO is emitted directly from internal combustion engines—unlike ozone—and motor vehicles operating at slow speeds are the primary source of CO in the Air Basin, the highest ambient CO concentrations are generally found near congested transportation corridors and intersections. Potential health effects from CO ranges depending on exposure: slight headaches; nausea; aggravation of angina pectoris (chest pain) and other aspects of coronary heart disease; decreased exercise tolerance in persons with peripheral vascular disease and lung disease; impairment of central nervous system functions; possible increased risk to fetuses; and death. • PM10 and PM2.5 consist of extremely small, suspended particles, or droplets 10 microns and

2.5 microns or smaller in diameter, respectively. Some sources of particulate matter, like pollen and windstorms, are naturally occurring. However, in populated areas, most particulate matter is caused by road dust, diesel soot, combustion products, abrasion of tires and brakes, and construction activities. Health effects from short-term exposure (hours per days) can include the following: irrigation of the eyes, nose, throat; coughing; phlegm; chest tightness; shortness of breath; aggravation of existing lung disease causing asthma attacks and acute bronchitis; those affected with heart disease can suffer heart attacks and arrhythmias. Health effects from long-term exposure can include the following: reduced lung function; chronic bronchitis; changes in lung morphology; and death.
• TACs refer to a diverse group of air pollutants that can affect human health but have not had ambient air quality standards established for them. Diesel particulate matter (DPM) is a toxic air contaminant that is emitted from construction equipment and diesel-fueled vehicles and trucks. Some short-term (acute) effects of DPM exposure include eye, nose, throat, and lung irritation, coughs, headaches, light-headedness, and nausea. Studies have linked elevated particle levels in the air to increased hospital admissions, emergency room visits, asthma attacks, and premature deaths among those suffering from respiratory problems. Human studies on the carcinogenicity of DPM demonstrate an increased risk of lung cancer, although the increased risk cannot be clearly attributed to diesel exhaust exposure.

EXHIBIT 1
1165
City of Stockton–South McKinley Avenue East Industrial Project Environmental Checklist and Initial Study/Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 31 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx The Air Basin is currently designated as nonattainment for ozone, PM10 (State only), and PM2.5.

Construction and operation of the proposed project would be subject to applicable SJVAPCD rules and requirements. The SJVAPCD CEQA Guidance for Assessing and Mitigating Air Quality Impacts (GAMAQI) was developed to assist local jurisdictions and lead agencies in complying with the requirements of CEQA regarding potentially adverse impacts to air quality.15 City of Stockton General Plan and General Plan Environmental Impact Report Envision Stockton 2040 General Plan
The General Plan was adopted on December 4, 2018. The General Plan contains several policies which aim to reduce air quality impacts from new land use development. Relevant General Plan policies are listed below.

Policy SAF-4.1 Reduce air impacts from mobile and stationary sources of air pollution.

Action SAF-4.1A Require the construction and operation of new development to implement best practices that reduce air pollutant emissions, including:
• Use of low-emission and well-maintained construction equipment, with idling time limits.
• Development and implementation of a dust control plan during construction. • Installation of electrical service connections at loading docks, where appropriate.
• Installation of Energy Star-certified appliances.
• Entering into Voluntary Emissions Reduction Agreements with the San Joaquin Valley Air Pollution Control District.

Action SAF-4.1B Use the results of the Health Risk Assessments required by the California Air Toxics “Hot Spots” Act to establish appropriate land use buffer zones around any new sources of toxic air pollutants that pose substantial health risks.

Action SAF-4.1C Require the use of electric-powered construction and landscaping equipment as conditions of project approval when appropriate.

Action SAF-4.1D Limit heavy-duty off-road equipment idling time to meet the California Air Resources Board’s idling regulations for on-road trucks.

Policy SAF-4.2 Encourage major employers to participate in a Transportation Demand Management (TDM) program that reduces vehicle trips through approaches such as carpooling, vanpooling, shuttles, car-sharing, bike-sharing, end-of-trip facilities like showers and bicycle parking, subscription bus service, transit subsidies, preferential parking, and telecommuting.
15 San Joaquin Valley Air Pollution Control District (SJVAPCD). 2015. Guidance for Assessing and Mitigating Air Quality Impacts.

February.

EXHIBIT 1
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Environmental Checklist and City of Stockton–South McKinley Avenue East Industrial Project Environmental Evaluation Initial Study/Mitigated Negative Declaration 32 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx Action SAF-4.2A Provide information and conduct marketing and outreach to major existing and new employers about the Transportation Demand Management (TDM) program facilitated by the San Joaquin Council of Governments.

Policy SAF-4.3 Coordinate with the San Joaquin Valley Air Pollution Control District and nonprofit organizations to promote public awareness on air quality issues and consistency in air quality impacts analyses.

Action SAF-4.3A Distribute educational materials from the San Joaquin Valley Air Pollution Control District on the City’s website and at its Permit Center.

Action SAF-4.3B Coordinate review of development project applications with the San Joaquin Valley Air Pollution Control District to ensure that air quality impacts are consistently identified and mitigated during CEQA review.

General Plan Environmental Impact Report Mitigation
The General Plan Environmental Impact Report (EIR) was filed with the State Clearinghouse on December 5, 2018, and amended on June 8, 2020. The amended EIR contains several mitigation measures that aim to reduce air quality impacts from new land use development and may be applied, as appropriate and necessary, to the proposed project. All General Plan EIR mitigation measures pertaining to air quality and greenhouse gas (GHG) emission impacts are listed below. The following mitigation measures are from the Mitigation and Monitoring Reporting Program of the General Plan EIR.

MM AQ-1 Implement Mitigation Measure AQ-3 to further reduce long-term criteria air pollutant emissions.

MM AQ-2 Prior to issuance of any construction permits for development projects subject to California Environmental Quality Act (CEQA) review (i.e., non-exempt projects), development project applicants shall prepare and submit to the City of Stockton Planning and Engineering Division a technical assessment evaluating potential project construction-related air quality impacts. The evaluation shall be prepared in conformance with San Joaquin Valley Air Pollution Control District (SJVAPCD) methodology in assessing air quality impacts. The prepared evaluation for projects that meet the SJVAPCD Small Projects Analysis Level (SPAL) screening criteria shall at minimum, identify the primary sources of construction emissions and include a discussion of the applicable SJVAPCD rules and regulations and SPAL screening criteria to support a less than significant conclusion.

For projects that do not meet the SPAL screening criteria, project-related construction emissions shall be quantified. If construction-related criteria air pollutants are determined to have the potential to exceed the SJVAPCD adopted thresholds of significance, as identified in the Guidance for Assessing and Mitigating Air Quality Impacts (GAMAQI), the City of Stockton Planning and Engineering Division shall require that applicants for new development projects incorporate EXHIBIT 1
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City of Stockton–South McKinley Avenue East Industrial Project Environmental Checklist and Initial Study/Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 33 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx mitigation measures to reduce air pollutant emissions during construction activities to below these thresholds. These identified measures shall be incorporated into appropriate construction documents (e.g., construction management plans) submitted to the City and shall be verified by the City’s Planning and Engineering Division. Mitigation measures to reduce construction-related emissions could include, but are not limited to:
• Using construction equipment rated by the United States Environmental Protection Agency (EPA) as having Tier 3 (model year 2006 or newer) or Tier 4 (model year 2008 or newer) emission limits, applicable for engines between 50 and 750 horsepower (hp). A list of construction equipment by type and model year shall be maintained by the construction contractor on-site, which shall be available for City review upon request.
• Ensuring construction equipment is properly serviced and maintained to the manufacturer’s standards.
• Use of alternative-fueled or catalyst-equipped diesel construction equipment, if available and feasible.
• Clearly posted signs that require operators of trucks and construction equipment to minimize idling time (e.g., five-minute maximum).
• Preparation and implementation of a fugitive dust control plan that may include the following measures:
• Disturbed areas (including storage piles) that are not being actively utilized for construction purposes shall be effectively stabilized using water, chemical stabilizer/suppressant, or covered with a tarp or other suitable cover (e.g., revegetated).
• On-site unpaved roads and off-site unpaved access roads shall be effectively stabilized using water or chemical stabilizer/suppressant. • Land clearing, grubbing, scraping, excavation, land leveling, grading, cut and fill, and demolition activities shall be effectively controlled utilizing application of water or by presoaking.
• Material shall be covered, or effectively wetted to limit visible dust emissions, and at least six inches of freeboard space from the top of the container shall be maintained when materials are transported off-site.
• Operations shall limit or expeditiously remove the accumulation of mud or dirt from adjacent public streets at the end of each workday. (The use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions.) (Use of blower devices is expressly forbidden.) (Utilize electric-powered vacuums or devices to capture materials.)
• Following the addition of materials to or the removal of materials from the surface of outdoor storage piles, said piles shall be effectively stabilized of fugitive dust emissions utilizing sufficient water or chemical stabilizer/suppressant. • Within urban areas, trackout shall be immediately removed when it extends 50 or more feet from the site and at the end of each workday.

EXHIBIT 1
1168
Environmental Checklist and City of Stockton–South McKinley Avenue East Industrial Project Environmental Evaluation Initial Study/Mitigated Negative Declaration 34 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx • Any site with 150 or more vehicle trips per day shall prevent carryout and trackout.
• Limit traffic speeds on unpaved roads to 15 miles per hour (mph). • Install sandbags or other erosion control measures to prevent silt runoff to public roadways from sites with a slope greater than 1 percent. • Install wheel washers for all exiting trucks or wash off all trucks and equipment leaving the project area.
• Adhere to Regulation VIII’s 20 percent opacity limitation, as applicable.

Enter into a Voluntary Emissions Reduction Agreement (VERA) with the SJVAPCD.

The VERA shall identify the amount of emissions to be reduced, in addition to the amount of funds to be paid by the project applicant to the SJVAPCD to implement emission reduction projects required for the project.

MM AQ-3 Prior to discretionary approval by the City of Stockton for development projects subject to California Environmental Quality Act (CEQA) review (i.e., non-exempt projects), project applicants shall prepare and submit a technical assessment evaluating potential project operation phase-related air quality impacts to the City of Stockton Planning and Engineering Division for review and approval. The evaluation shall be prepared in conformance with San Joaquin Air Pollution Control District (SJVAPCD) methodology in assessing air quality impacts. If operation-related air pollutants are determined to have the potential to exceed the SJVAPCD adopted thresholds of significance, as identified in the Guidance for Assessing and Mitigating Air Quality Impacts (GAMAQI), the City of Stockton Planning and Engineering Division shall require that applicants for new development projects incorporate mitigation measures to reduce air pollutant emissions during operational activities.

The identified measures shall be included as part of the conditions of approval.

Possible mitigation measures to reduce long-term emissions can include, but are not limited to the following:
• For site-specific development that requires refrigerated vehicles, the construction documents shall demonstrate an adequate number of electrical service connections at loading docks for plug-in of the anticipated number of refrigerated trailers to reduce idling time and emissions.
• Applicants for manufacturing and light industrial uses shall consider energy storage and combined heat and power in appropriate applications to optimize renewable energy generation systems and avoid peak energy use. • Site-specific developments with truck delivery and loading areas and truck parking spaces shall include signage as a reminder to limit idling of vehicles while parked for loading/unloading in accordance with Section 2485 of 13 California Code of Regulations Chapter 10.
• Provide changing/shower facilities as specified, at minimum, or greater than in the guidelines in Section A5.106.4.3 of the CALGreen Code (Nonresidential Voluntary Measures).

EXHIBIT 1
1169
City of Stockton–South McKinley Avenue East Industrial Project Environmental Checklist and Initial Study/Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 35 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx • Provide bicycle parking facilities equivalent to or greater than as specified in Section A4.106.9 (Residential Voluntary Measures) of the CALGreen Code. • Provide preferential parking spaces for low-emitting, fuel efficient, and carpool/van vehicles equivalent to or greater than Section A5.106.5.1 of the CALGreen Code (Nonresidential Voluntary Measures).
• Provide facilities to support electric charging stations per Section A5.106.5.3 (Nonresidential Voluntary Measures) and Section A5.106.8.2 (Residential Voluntary Measures) of the CALGreen Code.
• Applicant-provided appliances shall be Energy Star-certified appliances or appliances of equivalent energy efficiency (e.g., dishwashers, refrigerators, clothes washers, and dryers). Installation of Energy Star-certified or equivalent appliances shall be verified by Building and Safety during plan check. • Applicants for future development projects along existing and planned transit routes shall coordinate with the City Stockton and San Joaquin Regional Transit District to ensure that bus pad and shelter improvements are incorporated, as appropriate, and that these transit improvements consider and implement design features (e.g., pullout lanes for buses) to avoid or reduce impediment/queueing of vehicles.
• Applicants for future development projects shall enter into a Voluntary Emissions Reduction Agreement (VERA) with the SJVAPCD. The VERA shall identify the amount of emissions to be reduced, in addition to the amount of funds to be paid by the project applicant to the SJVAPCD to implement emission reduction projects required for the project.

MM AQ-4a Implement MM AQ-2 and MM AQ-3 to further reduce construction and operationrelated criteria air pollutant emissions.

MM AQ-4b Prior to discretionary approval, applicants for development projects that are subject to the California Environmental Quality Act (CEQA) shall assess their projects to the San Joaquin Valley Air Pollution Control District’s (SJVAPCD) Rule 9510 Applicability Thresholds as follows:
• 50 residential units;
• 2,000 square feet of commercial space;
• 25,000 square feet of light industrial space;
• 100,000 square feet of heavy industrial space;
• 20,000 square feet of medical office space;
• 39,000 square feet of general office space;
• 9,000 square feet of education space;
• 10,000 square feet of government space;
• 20,000 square feet of recreational space; or
• 9,000 square feet of space not identified above.

EXHIBIT 1
1170
Environmental Checklist and City of Stockton–South McKinley Avenue East Industrial Project Environmental Evaluation Initial Study/Mitigated Negative Declaration 36 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx Applicants for development projects subject to CEQA that do not meet the SJVAPCD Rule 9510 Applicability Thresholds shall assess whether project-related construction and operational emissions exceed the SJVAPCD 100 pounds per day ambient air quality screening threshold. Applicants for development projects that exceed this ambient air quality screening threshold shall prepare or have prepared an ambient air quality analysis, consistent with the SJVAPCD Guidance for Assessing and Mitigating Air Quality Impacts (GAMAQI), to assess whether the subject development project would cause or contribute to a violation of any California Ambient Air Quality Standard or National Ambient Air Quality Standard. The ambient air quality analysis shall identify measures to reduce impacts, as necessary.

Recommended measures may include those identified in MM AQ-2 and MM AQ-3.

The related recommendations of the ambient air quality analysis shall be incorporated into all construction management and design plans and shall be submitted to the City and verified by the City’s Planning and Engineering Division.

MM AQ-5 Prior to discretionary project approval, applicants for industrial or warehousing land uses in addition to commercial land uses that would generate substantial diesel truck travel (i.e., 100 diesel trucks per day or 40 or more trucks with diesel-powered Transport Refrigeration Units (TRUs) per day based on the California Air Resources Board recommendations for siting new sensitive land uses), shall contact the San Joaquin Valley Air Pollution Control District (SJVAPCD) or the City of Stockton in conjunction with the SJVAPCD to determine the appropriate level of Health Risk Assessment (HRA) required. If preparation of an HRA is required, all HRAs shall be submitted to the City of Stockton and the SJVAPCD for evaluation.

The HRA shall be prepared in accordance with policies and procedures of the State Office of Environmental Health Hazard Assessment (OEHHA) and the SJVAPCD. If the HRA shows that the incremental cancer risk exceeds 10 in one million (10E-06) or the risk thresholds in effect at the time a project is considered, or that the appropriate non-cancer hazard index exceeds 1.0 or the thresholds as determined by the SJVAPCD at the time a project is considered, the applicant will be required to identify and demonstrate that measures are capable of reducing potential cancer and non-cancer risks to an acceptable level, including appropriate enforcement mechanisms.

Measures to reduce risk impacts may include but are not limited to:
• Restricting idling on-site beyond Air Toxic Control Measures idling restrictions, as feasible.
• Electrifying warehousing docks.
• Requiring use of newer equipment and/or vehicles.
• Restricting off-site truck travel through the creation of truck routes.

EXHIBIT 1
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City of Stockton–South McKinley Avenue East Industrial Project Environmental Checklist and Initial Study/Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 37 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx Measures identified in the HRA shall be identified as mitigation measures in the environmental document and/or incorporated into the site development plan as a component of the proposed project.

MM AQ-6 Prior to project approval, if it is determined during project-level environmental review that a project has the potential to emit nuisance odors beyond the property line, an odor management plan shall be prepared and submitted by the project applicant prior to project approval to ensure compliance with San Joaquin Valley Air Pollution Control District (SJVAPCD) Rule 4102. The following facilities that are within the buffer distances specified from sensitive receptors (in parentheses) have the potential to generate substantial odors:
• Sanitary Landfill (1 mile)
• Transfer Station (1 mile)
• Composting Facility (1 mile)
• Petroleum Refinery (2 miles)
• Asphalt Batch Plan (1 mile)
• Chemical Manufacturing (1 mile)
• Fiberglass Manufacturing (1 mile)
• Painting/Coating Operations (1 mile)
• Food Processing Facility (1 mile)
• Feed Lot/ Dairy (1 mile)
• Rendering Plant (1 mile)
The odor management plan prepared for these facilities shall identify control technologies that will be utilized to reduce potential odors to acceptable levels, including appropriate enforcement mechanisms. Control technologies may include but are not limited to scrubbers (e.g., air pollution control devices) at an industrial facility. Control technologies identified in the odor management plan shall be identified as mitigation measures in the environmental document and/or incorporated into the site plan.

Would the project:
a) Conflict with or obstruct implementation of the applicable air quality plan? Less than significant impact. Current Air Quality Plans (AQPs) provides the following criteria for determining project consistency:

1. Will the project support the primary goals of the AQP?

2. Will the project comply with applicable control measures in the AQP?

3. Will the project disrupt or hinder implementation of any AQP control measures? The use of the criteria listed above is a standard approach for CEQA analysis of projects in the SJVAPCD’s jurisdiction, as well as within other air districts, for the following reasons:

EXHIBIT 1
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Environmental Checklist and City of Stockton–South McKinley Avenue East Industrial Project Environmental Evaluation Initial Study/Mitigated Negative Declaration 38 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx • Significant contribution to existing or new exceedances of the air quality standards would be inconsistent with the goal of attaining the air quality standards. • AQP emissions inventories and attainment modeling are based on growth assumptions for the area within the air district’s jurisdiction.
• AQPs rely on a set of air district-initiated control measures as well as implementation of federal and State measures to reduce emissions within their jurisdictions, with the goal of attaining the air quality standards.

AQPs are plans for reaching attainment of air quality standards. The assumptions, inputs, and control measures are analyzed to determine whether the Air Basin can reach attainment for the ambient air quality standards. To show attainment of the standards, the SJVAPCD analyzes the growth projections in the valley, contributing factors in air pollutant emissions and formations, and existing and adopted emissions controls. The SJVAPCD then formulates a control strategy to reach attainment that includes both State and SJVAPCD regulations and other local programs and measures.

Criterion 1
A measure for determining whether the proposed project supports the primary goals of the AQP is if the proposed project would not result in an increase in the frequency or severity of existing air quality violations, cause or contribute to new violations, or delay timely attainment of air quality standards or the interim emission reductions specified in the AQPs. The development of the AQP is based in part on the land use general plan determinations of the various cities and counties that constitute the Air Basin. The Stockton 2035 General Plan Land Use Map adopted in 2007 and the Envision Stockton 2040 General Plan Land Use Element designates the project site as Industrial and has pre-zoned it as I-L, Industrial. The proposed project is a warehouse development intended to be used primarily for a commercial warehouse and logistics facility accommodating the storage and transport of commercial goods. Therefore, the proposed project’s operational use as a warehouse development would be considered consistent with the site’s General Plan land use designation.

Additionally, the land use designation was adopted before the AQPs were most recently updated.

Because the proposed project would be consistent with land use assumptions used in the AQPs, it is reasonable to conclude that the proposed project would not adversely affect the AQPs.

Criterion 2
The AQP contains a number of control measures, which are enforceable requirements through the adoption of rules and regulations. A detailed description of rules and regulations that apply to the proposed project is provided in the Air Quality, GHG Emissions, and Energy Report. The proposed project would comply with all applicable SJVAPCD rules and regulations through the issuance of applicable permits and applications. Therefore, the proposed project complies with this criterion and would not conflict with or obstruct implementation of the applicable air quality attainment plan for this criterion.

EXHIBIT 1
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City of Stockton–South McKinley Avenue East Industrial Project Environmental Checklist and Initial Study/Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 39 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx Criterion 3
A measure of determining whether the proposed project is consistent with the AQPs is if the proposed project would not result in an increase in the frequency or severity of existing air quality violations or cause or contribute to new violations or delay timely attainment of air quality standards or the interim emission reductions specified in the AQPs. Because of the region’s nonattainment status for ozone, PM2.5, and PM10, if project-generated emissions of either of the ozone precursor pollutants (ROG and NOX), PM10, or PM2.5 would exceed the SJVAPCD’s significance thresholds, then the proposed project would be considered to conflict with the attainment plans.

As discussed in Impact 2.3(b) below, annual emissions of ROG, NOx, PM10, and PM2.5 associated with the construction and operation of the proposed project would not exceed the SJVAPCD’s significance thresholds. As shown in Impact 2.3(b), the proposed project would not result in CO hotspots that would violate CO standards. Therefore, the proposed project would not contribute to air quality violations.
b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is nonattainment under an applicable federal or State ambient air quality standard? Less than significant impact. Air pollutant emissions have regional effects and localized effects. This analysis assesses the regional effects of the proposed project’s criteria pollutant emissions in comparison to SJVAPCD thresholds of significance for short-term construction activities and longterm operation of the proposed project.

The primary pollutants of concern during project construction and operation are ROG, NOx, PM10, and PM2.5. The SJVAPCD GAMAQI adopted in 2015 contains thresholds for CO, NOx, ROG, sulfur oxides (SOx), PM10, and PM2.5.
16 Ozone is a secondary pollutant that can be formed miles from the source of emissions, through reactions of ROG and NOX emissions in the presence of sunlight. Therefore, ROG and NOX are termed ozone precursors. The Air Basin often exceeds the State and national ozone standards. Therefore, if the project emits a substantial quantity of ozone precursors, the project may contribute to an exceedance of the ozone standard. The Air Basin also exceeds air quality standards for PM10 and PM2.5; therefore, substantial project emissions may contribute to an exceedance for these pollutants.

The SJVAPCD’s annual emission significance thresholds used for the project define the substantial contribution for both operational and construction emissions as follows:
• 100 tons per year CO
• 10 tons per year NOX
• 10 tons per year ROG
• 27 tons per year SOX
• 15 tons per year PM10
• 15 tons per year PM2.5
16 San Joaquin Valley Air Pollution Control District (SJVAPCD). 2015. Guidance for Assessing and Mitigating Air Quality Impacts.

EXHIBIT 1
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Environmental Checklist and City of Stockton–South McKinley Avenue East Industrial Project Environmental Evaluation Initial Study/Mitigated Negative Declaration 40 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx The proposed project does not contain sources that would produce substantial quantities of SO2 emissions during construction and operation.

Construction Emissions
The proposed project construction would start with site preparation beginning in April of 2024 and would end in December 2024. In addition, the proposed project would require an off-site sewer trench in South McKinley Avenue, extending approximately 2,400 feet north of the site (Exhibit 6).

The off-site construction would occur in April 2024. The proposed construction schedule and equipment assignment presented in Air Quality, GHG Emissions, and Energy Report are based on California Emissions Estimator Model (CalEEMod) defaults with a building construction duration to match the applicant’s schedule for the warehouse construction, by shortening the construction slightly appropriate to the type of construction and assuming that painting and paving occur at the same time.

Table 1 summarizes the criteria pollutant emissions from construction of the proposed project and compares these emissions to the SJVAPCD’s regional thresholds of significance. It should be noted that unmitigated construction emissions incorporate the basic dust control measures required under District Rule 8201, which requires that vehicle speeds on unpaved roads and surfaces be reduced to no more than 15 miles per hour and exposed construction areas are watered during earthmoving activities.

Table 1: Regional Construction Air Pollutant Emissions
Project Construction Activity
Emissions (tons)
ROG NOX CO SOX PM10 PM2.5
Site Preparation 0.02 0.21 0.18 < 0.0005 0.053 0.029
Grading 0.01 0.09 0.10 < 0.0005 0.018 0.011
Building Construction 0.12 1.01 1.36 0.002 0.11 0.055
Paving 0.01 0.04 0.05 < 0.0005 0.003 0.002
Architectural Coating 0.45 0.01 0.01 < 0.0005 0.001 < 0.0005 Off-site Construction 0.001 0.015 0.013 < 0.0005 0.002 0.001 Annual Emissions 0.62 1.38 1.7 0.002 0.187 0.098
SJVAPCD Annual Thresholds 10 10 100 27 15 15
Do Construction Emissions Exceed
Regional Thresholds? No No No No No No
Notes:

CO = carbon monoxide
NOX = nitrogen oxides
PM10 = particulate matter less than 10 microns in diameter PM2.5 = particulate matter less than 2.5 microns in diameter ROG = reactive organic gases
SOX = sulfur oxides
Totals may not add up due to rounding. CalEEMod Output files are contained in Appendix A.

EXHIBIT 1
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City of Stockton–South McKinley Avenue East Industrial Project Environmental Checklist and Initial Study/Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 41 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx Table 1 shows that criteria pollutant emissions would not exceed any of the SJVAPCD’s regional thresholds of significance during unmitigated construction of the proposed warehouse project.

General Plan EIR MMs AQ-2 AQ-4a require project applicants to prepare a technical assessment evaluating potential project construction phase-related air quality impacts. The analysis of regional pollutant emissions generated by construction of the project, summarized above, fulfills the requirements of these General Plan MMs.

Operational Emissions
Emissions from the operation of the facility would be from stationary and area sources of emissions at the project site itself and from mobile sources (i.e., vehicles) associated with the operation of the warehouse.

The facility has planned for a diesel- fueled fire pump but no other stationary sources such as boilers or emergency standby generators are anticipated.

There are no sources of air pollutant related to the industrial operations inside of the warehouse since all of the material handling equipment is electric (e.g., battery electric forklifts and electric pallet jacks). Area sources refer to VOC compound emissions from use of consumer products by employee (cosmetics and personal care products) and also include emissions from cleaning products including detergents, cleaning compounds, polishes, floor finishes. Emissions from exhaust of any gasoline-fueled landscaping equipment also contribute to, and are included in, the area source emissions. The proposed project would not provide connections for natural gas usage so there would be no future natural gas use in the building for heating or cooking, although those estimates were included in the emissions estimates as a worst-case scenario. There would be no emissions from the proposed project due to natural gas energy use.

The warehouse operations will generate both employee and visitor passenger vehicle trips and truck trips which are mobile sources of both criteria pollutant and TAC emissions. On-site idling will generate small amounts of emissions at the site; however, regulations limit this idling to less than 5 minutes per occurrence and the on-site emissions will be minimal. Signs would be posted at the facility to facilitate compliance with the regulation. Signs also directing truck traffic into and out of the facility would ensure smooth traffic flow and avoid wasteful queueing and idling. The Advanced Mobility Group produced a Transportation Impact Study (TIA)17 for the proposed project that estimated the proposed project would generate 378 daily passenger vehicle trips and 20 daily truck trips. The Air Quality Analysis and CalEEMod estimates are conservatively based on CalEEMod defaults for Vehicle Miles Traveled (VMT) trip length.

Table 2 summarizes the proposed project’s emissions from these sources. 17 Advanced Mobility Group. 2022. Traffic Impact Study for the Proposed Industrial Development at 6505 South McKinley Avenue East, Stockton, California.

EXHIBIT 1
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Environmental Checklist and City of Stockton–South McKinley Avenue East Industrial Project Environmental Evaluation Initial Study/Mitigated Negative Declaration 42 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx Table 2: Unmitigated Operational Pollutant Emissions (2025) Emission Source
Emissions (Tons)
ROG NOx CO SOX PM10 PM2.5
Area 0.88 0.01 0.72 < 0.005 < 0.005 < 0.005
Energy < 0.005 0.06 0.05 < 0.005 < 0.005 < 0.005
Stationary Source 0.01 0.03 0.03 < 0.005 < 0.005 < 0.005 Mobile 0.19 0.86 2.02 0.01 0.29 0.07
Project Total 1.08 0.96 2.82 0.01 0.29 0.07
SJVAPCD Annual Thresholds 10 10 100 27 15 15
Do Operational Emissions Exceed
Thresholds? No No No No No No
Notes:

CO = carbon monoxide
NOX = nitrogen oxides
PM10 = particulate matter less than 10 microns in diameter PM2.5 = particulate matter less than 2.5 microns in diameter ROG = reactive organic gases
SOX = sulfur oxides
Totals may not add up due to rounding.

Source: CalEEMod Output files are contained in Appendix A.

As shown in Table 2, operational emissions are well below the SJVAPCD’s regional significance thresholds for all pollutants. General Plan EIR MMs AQ-1, AQ-3, and AQ-4a require project applicants to prepare a technical assessment evaluating potential project operational phase-related air quality impacts. The analysis of regional pollutant emissions generated by project operations, summarized above, fulfills the requirements of these General Plan MMs.

Localized Pollutant Analysis
Emissions occurring at or near the project have the potential to create a localized impact also referred to as an air pollutant hotspot. Localized emissions are considered significant if when combined with background emissions, they would result in exceedance of any health-based air quality standard. In locations that already exceed standards for these pollutants, significance is based on a significant impact level (SIL) that represents the amount that is considered a cumulatively considerable contribution to an existing violation of an air quality standard.

The SJVAPCD’s GAMAQI includes screening thresholds for identifying projects that need detailed analysis for localized impacts. Projects with on-site emission increases from construction activities or operational activities that exceed the 100 pounds per day screening level of any criteria pollutant after compliance with Rule 9510 and implementation of all enforceable mitigation measures would require preparation of an ambient air quality analysis. The criteria pollutants of concern for localized impact in the Air Basin are PM10, PM2.5, nitrogen dioxide (NO2), and CO. CO violations require heavy EXHIBIT 1
1177
City of Stockton–South McKinley Avenue East Industrial Project Environmental Checklist and Initial Study/Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 43 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx traffic volumes and extreme traffic congestion that would not occur at or near the project site; therefore, operational CO emission hotspots are highly unlikely.

An analysis of maximum daily emissions during construction and operation was conducted to determine whether emissions would exceed the 100 pounds per day screening threshold for any pollutant of concern. The maximum daily model has adjusted both construction and operational trips to be 0.25 mile to represent on-site emissions of on-road trucks visiting the site. The results of the analysis are presented in Table 3 and Table 4. The proposed project would not exceed daily emission thresholds during construction and operation for any pollutant of concern. Operational emissions include emissions generated on-site by area sources such as natural gas combustion and landscape maintenance, and on-site travel from motor vehicles accessing the project.

Table 3: Maximum On-site Daily Air Pollutant Emissions During Construction Source
On-site Emissions (pounds per day)1
ROG NOx CO
PM10
(Total)
PM2.5
(Total)
Site Preparation 4 37 34 9.3 5.4
Grading 2 18 19 3.6 2.1
Building Construction 2 12 14 0.5 0.5
Architectural Coating and Paving 92 9 12 0.4 0.4
Maximum Daily Emissions 92 37 34 9.3 5.4
Screening threshold 100 100 100 100 100
Exceed screening threshold? No No No No No
Notes:

CO = carbon monoxide
NOX = nitrogen oxides
PM10 = particulate matter less than 10 microns in diameter PM2.5 = particulate matter less than 2.5 microns in diameter ROG = reactive organic gases
1 PM10 and PM2.5 emissions are from the mitigated output to reflect compliance with Regulation VIII—Fugitive PM10 Prohibitions.

Source of Emissions: CalEEMod Output (Appendix A).

Source of Thresholds: San Joaquin Valley Air Pollution Control District (SJVAPCD). 2015. Guidance for Assessing and Mitigating Air Quality Impacts. February 19.

Table 4: Maximum On-site Daily Air Pollutant Emissions During Operations Source
On-site Emissions (pounds per day)1
ROG NOx CO PM10 PM2.5
Maximum Daily 7 2 12 0.1 0.1
Screening threshold 100 100 100 100 100
Exceed screening threshold? No No No No No
EXHIBIT 1
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Environmental Checklist and City of Stockton–South McKinley Avenue East Industrial Project Environmental Evaluation Initial Study/Mitigated Negative Declaration 44 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx Source
On-site Emissions (pounds per day)1
ROG NOx CO PM10 PM2.5
Notes:

CO = carbon monoxide
NOX = nitrogen oxides
PM10 = particulate matter less than 10 microns in diameter PM2.5 = particulate matter less than 2.5 microns in diameter ROG = reactive organic gases
Source of Emissions: CalEEMod Output (Appendix A).

Source of Thresholds: San Joaquin Valley Air Pollution Control District (SJVAPCD). 2015. Guidance for Assessing and Mitigating Air Quality Impacts. February 19.

The proposed project would not exceed SJVAPCD screening thresholds for requiring additional ambient air quality modeling; therefore, the proposed project’s localized criteria pollutant impacts are less than significant.

Summary
In summary, regional emissions generated by the proposed project would not exceed any applicable thresholds after compliance with all rules, regulations, and application of General Plan MM AQ-1, MM AQ-3, MM AQ-4a, and MM AQ-4b during either construction or operation. Localized construction and operational emissions would also be less than significant after incorporation of the required General Plan mitigation. In summary, the overall impacts would be less than significant. No project-specific mitigation measures are required.
c) Expose sensitive receptors to substantial pollutant concentrations? Less than significant impact. The SJVAPCD considers a sensitive receptor to be a location that houses or attracts children, the elderly, people with illnesses, or others who are especially sensitive to the effects of air pollutants. Examples of sensitive receptors include hospitals, residences, convalescent facilities, and schools.

Construction: Reactive Organic Gases
ROG is emitted during the application of architectural coatings (painting). The amount emitted is dependent on the amount of ROG (or VOC) in the paint. ROG emissions are typically an indoor air quality health hazard concern rather than an outdoor air quality health hazard concern. Therefore, exposure to ROG during architectural coatings is a less than significant health impact.

There are three types of asphalt that are typically used in paving: asphalt cements, cutback asphalts, and emulsified asphalts. However, SJVAPCD Rule 4641 prohibits the use of the following types of asphalt: rapid cure cutback asphalt; medium cure cutback asphalt; slow cure asphalt that contains more than 0.5 percent of organic compounds that evaporate at 500°F or lower; and emulsified asphalt containing organic compounds, in excess of 3 percent by volume that evaporate at 500°F or lower. An exception to this is medium cure asphalt when the National Weather Service official forecast of the high temperature for the 24-hour period following application is below 50°F.

EXHIBIT 1
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City of Stockton–South McKinley Avenue East Industrial Project Environmental Checklist and Initial Study/Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 45 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx The acute (short-term) health effects from worker direct exposure to asphalt fumes include irritation of the eyes, nose, and throat. Other effects include respiratory tract symptoms and pulmonary function changes. The studies were based on occupational exposure of fumes. Residents are not in the immediate vicinity of the fumes; therefore, they would not be subjected to concentrations high enough to evoke a negative response. In addition, the restrictions that are placed on asphalt in the San Joaquin Valley reduce ROG emissions from asphalt and exposure. The impact to nearby sensitive receptors from ROG during construction is less than significant.

Operation: Reactive Organic Gases
During operation, ROG would be emitted primarily from motor vehicles. Direct exposure to ROG from project motor vehicles would not result in health effects, because the ROG would be distributed across miles and miles of roadway and in the air. The concentrations would not be great enough to result in direct health effects.

Construction: NOX, PM10, and PM2.5
As discussed in Impact 2.3(b), emissions during construction would not exceed the significance thresholds and would not be expected to result in concentrations that would exceed ambient standards or contribute substantially to an existing exceedance of an ambient air quality standard.

Operation: NOX, PM10, and PM2.5
As discussed in Impact 2.3(b), localized concentrations of NOX, PM10, and PM2.5 would not exceed the ambient air quality standards. Therefore, the proposed project would not expose sensitive receptors to substantial criteria air pollutant concentrations during operation.

Toxic Air Contaminants
Project construction would involve the use of diesel-fueled vehicles and equipment that emit DPM, which is considered a TAC. The SJVAPCD’s latest threshold of significance for TAC emissions is an increase in cancer risk for the maximally exposed individual of 20 in a million (formerly 10 in a million). The SJVAPCD’s 2015 GAMAQI does not currently recommend analysis of TAC emissions from project construction activities, but instead focuses on projects with operational emissions that would expose sensitive receptors over a typical lifetime of 70 years.

Toxic Air Pollutants—On-site Workers
A variety of State and national programs protect workers from safety hazards, including high air pollutant concentrations.18,19
On-site workers are not required to be addressed through this Health Risk Assessment (HRA) process. A document published by the California Air Pollution Control Officers Association (CAPCOA), Health Risk Assessments for Proposed Land Use Projects, indicates that on-site receptors are 18 Southern California Gas Company (SoCalGas). 2023. Methane and Health and Safety. Website: https://www.socalgas.com/staysafe/methane-emissions/methane-and-health-andsafety#:~:text=Methane%20is%20non%2Dtoxic%20and,oxygen%20may%20result%20in%20suffocation. Accessed March 21, 2023. 19 Centers for Disease Control and Prevention (CDC). 2012. Construction. Website: www.cdc.gov/niosh/construction/. Indoor Environmental Quality. Website: www.cdc.gov/niosh/topics/indoorenv/constructionieq.html. Accessed March 21, 2023.

EXHIBIT 1
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Environmental Checklist and City of Stockton–South McKinley Avenue East Industrial Project Environmental Evaluation Initial Study/Mitigated Negative Declaration 46 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx included in risk assessments if they are persons not employed by the proposed project.20 Therefore, an HRA for on-site workers is not required or recommended. No further discussion is necessary.

Construction Health Risk Assessment
During construction and operation, the proposed project would result in emissions of several TACs that could potentially impact nearby sensitive receptors. The SJVAPCD has defined health risk significance thresholds. These thresholds are represented as a cancer risk to the public and a noncancer hazard from exposures to TACs. Cancer risk represents the probability (in terms of risk per million individuals) that an individual would contract cancer resulting from exposure to TACs continuously over a period of several years. The SJVAPCD’s latest threshold of significance for TAC emissions is an increase in cancer risk for the maximally exposed individual of 20 in a million (formerly 10 in a million). The principal TAC emission analyzed in this assessment was DPM from operation of off-road equipment and diesel-powered delivery and worker vehicles during construction and operation. DPM has been identified by the ARB as a carcinogenic substance. For purposes of this analysis, DPM is represented as exhaust emissions of PM10. DPM represented as exhaust PM10 adequately addresses impacts from PM10 and PM2.5 emissions, as PM2.5 comprises a component of PM10. Fugitive dust components of PM10 and PM2.5 would be controlled through the use of required dust control practices during project construction.

Exposures to TACs can also result in both short-term (acute) or long-term (chronic) non-cancer health impacts. Such impacts could include illnesses related to reproductive effects, respiratory effects, eye sensitivity, immune effects, kidney effects, blood effects, central nervous system, birth defects, or other adverse environmental effects.

Estimation of Cancer Risks
Cancer risks are estimated as the upper-bound incremental probability that an individual will develop cancer as a direct result of exposure to potential carcinogens over a specified exposure duration. The cancer risk attributed to a chemical is calculated by multiplying the chemical intake or dose at the human exchange boundaries (e.g., lungs) by the chemical-specific cancer potency factor (CPF). A risk level of 10 in a million implies a likelihood (or risk) that up to 10 persons out of one million equally exposed people would contract cancer if exposed continuously (24 hours per day) to the levels of TACs over a specified duration of time. This risk would be an excess cancer risk that is in addition to any environmental cancer risk borne by a person not exposed to these air toxics.

The California Office of Environmental Health Hazard Assessment (OEHHA) has developed guidance for estimating cancer risks that considers the increased sensitivity of infants and adults to TAC emissions, different breathing rates, and time spent at home. This guidance was applied in estimating cancer risks from the construction and operation of the proposed project.

The recommended method for the estimation of cancer risk is shown in the equations.

Cancer Risk=CDPM x Inhalation Exposure Factor (EQ-1)
20 California Air Pollution Control Officers Association (CAPCOA). 2009. Health Risk Assessments for Proposed Land Use Projects.

EXHIBIT 1
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City of Stockton–South McKinley Avenue East Industrial Project Environmental Checklist and Initial Study/Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 47 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx Where:

Cancer Risk = Total individual excess cancer risk defined as the cancer risk a hypothetical individual faces if exposed to carcinogenic emissions from a particular source for specified exposure durations; this risk is defined as an excess risk because it is above and beyond the background cancer risk to the population; cancer risk is expressed in terms of risk per million exposed individuals.

CDPM = Period average DPM air concentration calculated from the air dispersion model in µg/m3
Inhalation is the most important exposure pathway to impact human health from DPM and the inhalation exposure factor is defined as follows:

Inhalation Exposure Factor = CPF x EF x ED x DBR x AAF/AT (EQ-2) Where:

CPF = Inhalation cancer potency factor for the TAC: 1.1 (mg/kg-day)-1 for DPM EF = Exposure frequency (days/year)
ED = Exposure duration (years of construction)
AAF = set of age-specific adjustment factors that include age sensitivity factors (ASF), daily breathing rates (DBR), and time at home factors (TAH)
AT = Averaging time period over which exposure is averaged (days) Estimation of Chronic Non-Cancer Hazards
An evaluation of potential non-cancer effects of chronic chemical exposures was also conducted.

Adverse health effects are evaluated by comparing the annual receptor concentration of each chemical compound with the appropriate Reference Exposure Level (REL). Available RELs promulgated by OEHHA were considered in the assessment.

Risk characterization for non-cancer health hazards from TACs is expressed as an HI. The HI is a ratio of the predicted concentration of the project’s emissions to a concentration considered acceptable to public health professionals, termed the REL.

To quantify non-carcinogenic impacts, the HI approach was used.

HI = Cann/REL (EQ-3)
Where:

HI = chronic hazard index
Cann = annual average concentration of TAC as derived from the air dispersion model (µg/m3 )
REL = reference exposure level above which a significant impact is assumed to occur (µg/m3 )
The HI assumes that chronic exposures to TACs adversely affect a specific organ or organ system (toxicological endpoint) of the body. For each discrete chemical exposure, target organs presented in EXHIBIT 1
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Environmental Checklist and City of Stockton–South McKinley Avenue East Industrial Project Environmental Evaluation Initial Study/Mitigated Negative Declaration 48 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx regulatory guidance were used. To calculate the HI, each chemical concentration or dose is divided by the appropriate toxicity REL. For compounds affecting the same toxicological endpoint, this ratio is summed. Where the total equals or exceeds 1, a health hazard is presumed to exist. OEHHA has defined a REL for DPM of 5 µg/m3
. The principal toxicological endpoint assumed in this assessment was through inhalation.

Toxic Air Contaminant Construction Analysis
Major sources of DPM during construction include off-road construction equipment and heavy-duty delivery truck activities. The results of the HRA prepared for project construction for cancer risk and long-term chronic cancer risk are summarized below. Air dispersion modeling was utilized to assess the project’s potential health risks using American Meteorological Society/EPA Regulatory Model (AERMOD) Version 22112 which is an air dispersion model accepted by the United States Environmental Protection Agency (EPA) and the SJVAPCD for preparing HRAs. Exhaust emissions of DPM (as PM10 exhaust) were estimated using CalEEMod Version 2022.1.

The estimated health and hazard Impacts at the Maximally Impacted Sensitive Receptor (MIR) from the project’s construction emissions are provided in Table 5. The MIR was determined to be a singlefamily home located 440 feet southwest of the project site.

Table 5: Estimated Health Risks and Hazards During Project Construction at the Maximum Impacted Receptor
Source
Cancer Risk
(risk per million)
Chronic
Non-Cancer HI1
Unmitigated Risk and Hazards 0.8 0.001
Significance Threshold 20 1
Exceeds Individual Source Threshold? No No
Notes:
µg/m3 = micrograms per cubic meter
DPM = diesel particulate matter
HI = hazard index
MIR = Maximally Impacted Sensitive Receptor
PM10 = particulate matter, including dust, 10 micrometers or less in diameter REL = Reference Exposure Level
1 Chronic non-cancer HI was estimated by dividing the maximum annual DPM concentration (as PM10 exhaust) by the REL of 5 µg/m3. 2 Risk is based on Infant Exposure starting in Third Trimester and over the construction period.

Source: Appendix A.

The MIR was determined to be a residence located at 7201 South McKinley Avenue, French Camp, CA 95231, approximately 440 feet from the project site.

As noted in Table 5, the proposed project’s construction DPM emissions would not exceed the cancer risk significance threshold or non-cancer hazard index significance threshold at the MIR.

Therefore, the proposed project would not result in a significant impact on nearby sensitive receptors from TACs during construction.

EXHIBIT 1
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City of Stockton–South McKinley Avenue East Industrial Project Environmental Checklist and Initial Study/Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 49 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx Toxic Air Pollutants Emitted from Operations of the Proposed Project The proposed project would generate passenger vehicle trips from employees, visitors, and lightduty delivery vehicles traveling to and from the project site; however, the proposed project would also be served with daily truck deliveries. The main source of DPM from the long-term operations of warehouses is from combustion of diesel fuel in diesel-powered engines in heavy-duty trucks. Motor vehicle emissions refer to DPM exhaust emissions from the motor vehicle traffic that would travel to and from the project site each day. An estimate of the number of vehicle trips that the proposed project would generate was provided in the project-specific traffic analysis, which indicates the project will generate 20 truck trips per day.

The General Plan EIR, MM A-5 requires industrial or warehousing land uses that would generate substantial diesel truck travel (i.e., 100 diesel trucks per day or 40 or more trucks with dieselpowered TRUs per day based on ARB recommendations for siting new sensitive land uses) to coordinate with the SJVAPCD and determine the appropriate level of HRA required in such cases.

Since the proposed project will generate only 20 truck trips per day, it would not be considered to generate substantial diesel truck traffic. Therefore, an HRA and consultation is not required and health risks from operation of the facility, including DPM emissions from trucks, are considered to be less than significant.

Exposure to Naturally Occurring Asbestos and Valley Fever As discussed in more detail in the Air Quality, GHG Emissions, and Energy Report, exposure to naturally occurring asbestos can occur during soil-disturbing activities in areas with deposits present.

Review of the Department of Conservation maps indicates that the project site and San Joaquin County do not have reported historic asbestos mines, historic asbestos prospects, and other natural occurrences of asbestos.21 Therefore, impacts associated with the project’s potential to expose sensitive receptors to naturally occurring asbestos are less than significant.

As discussed in the report, the project site would have low probability of C. immitis (Valley Fever) growth on-site or exposure from disturbed soil. Compliance with dust control regulations would further reduce the potential to expose sensitive receptors to Valley Fever during construction. During operations, the project site would be built up and would not provide a conducive environment for Valley Fever. Therefore, impacts associated with the project’s potential to expose sensitive receptors to Valley Fever are less than significant. No further analysis is needed. d) Result in other emission (such as those leading to odors) adversely affecting a substantial number of people?
Less than significant impact. Odors can cause a variety of responses. The impact of an odor is dependent on interacting factors such as frequency (how often), intensity (strength), duration (in time), offensiveness (unpleasantness), location, and sensory perception. While offensive odors rarely cause any physical harm, they still can be very unpleasant, leading to considerable distress and often generating citizen complaints to local governments and regulatory agencies.

EXHIBIT 1
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Environmental Checklist and City of Stockton–South McKinley Avenue East Industrial Project Environmental Evaluation Initial Study/Mitigated Negative Declaration 50 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx According to the SJVAPCD, analysis of potential odor impacts should be conducted for the following two situations:
• Generators: projects that would potentially generate odorous emissions proposed to locate near existing sensitive receptors or other land uses where people may congregate, and • Receivers: residential or other sensitive receptor projects or other projects built for the intent of attracting people locating near existing odor sources.

The SJVAPCD provides a suggested screening distance for a variety of odor-generating land uses and operations. Those distances are used as a guide to assess whether nearby facilities could be sources of significant odors. Projects that would site a new sensitive receptor farther than the applicable screening distances from an existing odor source are not likely to have a significant impact. These screening distances by type of odor generator are listed in Table 6.

Table 6: Screening Levels for Potential Odor Sources
Odor Generator Screening Distance
Wastewater Treatment Facilities 2 miles
Sanitary Landfill 1 mile
Transfer Station 1 mile
Composting Facility 1 mile
Petroleum Refinery 2 miles
Asphalt Batch Plant 1 mile
Chemical Manufacturing 1 mile
Fiberglass Manufacturing 1 mile
Painting/Coating Operations (e.g., auto body shop) 1 mile Food Processing Facility 1 mile
Feed Lot/Dairy 1 mile
Rendering Plant 1 mile
Source: Source: San Joaquin Valley Air Pollution Control District (SJVAPCD). 2015. Guidance for Assessing and Mitigating Air Quality Impacts (GAMAQI). February 19.

The proposed project is not in the category of generator sources listed in Table 6 and warehouses are not known sources of odorous emissions. Furthermore, the project is an industrial project and is not considered a sensitive receptor that would need to consider impacts as a “receiver.” There are no significant concerns related to odors or a need for further odor assessment of the project operations.

The proposed project has the potential to emit odors during construction activities from sources such as the exhaust from diesel-fueled construction equipment, or during the application of architectural coatings. However, because of the low intensity of these emissions, intermittent and short-term nature of construction activities, and highly diffusive properties of diesel exhaust, a EXHIBIT 1
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City of Stockton–South McKinley Avenue East Industrial Project Environmental Checklist and Initial Study/Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 51 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx substantial number of nearby receptors would not be affected by odors associated with project construction. Odors from these sources would be localized and generally confined to the immediate area surrounding the project site. The proposed project would utilize typical construction techniques, and odors would be typical of most construction-sites and temporary in nature. The proposed project would not have the potential to emit nuisance odors beyond the property line, therefore, MM AQ-6 is satisfied by the analysis included in this document; an odor management plan would not applicable for this project and no project-specific mitigation measures related to odor are required. This impact would be less than significant.

Mitigation Measures
No project-specific mitigation is required. The air quality technical analysis included as Appendix A of this IS/MND and summarized above fulfills the requirements of General Plan MMs AQ-1, MM AQ-2, MM AQ-3, MM AQ-4a, MM AQ-5, and MM AQ-6. General Plan MM AQ-4b would remain applicable to the project.

MM AQ-4b Prior to discretionary approval, applicants for development projects that are subject to the California Environmental Quality Act (CEQA) shall assess their projects to the San Joaquin Valley Air Pollution Control District’s (SJVAPCD) Rule 9510 Applicability Thresholds as follows:
• 50 residential units;
• 2,000 square feet of commercial space;
• 25,000 square feet of light industrial space;
• 100,000 square feet of heavy industrial space;
• 20,000 square feet of medical office space;
• 39,000 square feet of general office space;
• 9,000 square feet of education space;
• 10,000 square feet of government space;
• 20,000 square feet of recreational space; or
• 9,000 square feet of space not identified above.

Applicants for development projects subject to CEQA that do not meet the SJVAPCD Rule 9510 Applicability Thresholds shall assess whether project-related construction and operational emissions exceed the SJVAPCD 100 pounds per day ambient air quality screening threshold. Applicants for development projects that exceed this ambient air quality screening threshold shall prepare or have prepared an ambient air quality analysis, consistent with the SJVAPCD Guidance for Assessing and Mitigating Air Quality Impacts (GAMAQI), to assess whether the subject development project would cause or contribute to a violation of any California Ambient Air Quality Standard or National Ambient Air Quality Standard. The ambient air quality analysis shall identify measures to reduce impacts, as necessary.

Recommended measures may include those identified in MM AQ-2 and MM AQ-3.

The related recommendations of the ambient air quality analysis shall be incorporated into all construction management and design plans and shall be submitted to the City and verified by the City’s Planning and Engineering Division.

EXHIBIT 1
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Environmental Checklist and City of Stockton–South McKinley Avenue East Industrial Project Environmental Evaluation Initial Study/Mitigated Negative Declaration 52 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx Environmental Issues
Potentially
Significant
Impact
Less than
Significant
Impact with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact

2.4 Biological Resources
Would the project:
a) Have a substantial adverse effect, either directly or through habitat modifications, on any species
identified as a candidate, sensitive, or special-status species in local or regional plans, policies, or
regulations, or by the California Department of Fish
and Wildlife or United States Fish and Wildlife
Service?
b) Have a substantial adverse effect on any riparian
habitat or other sensitive natural community
identified in local or regional plans, policies, and
regulations or by the California Department of Fish
and Wildlife or United States Fish and Wildlife
Service?
c) Have a substantial adverse effect on State or
federally protected wetlands (including, but not
limited to, marsh, vernal pool, coastal, etc.) through
direct removal, filling, hydrological interruption, or
other means?
d) Interfere substantially with the movement of any
native resident or migratory fish or wildlife species or with established native resident or migratory wildlife
corridors, or impede the use of wildlife nursery sites? e) Conflict with any local policies or ordinances
protecting biological resources, such as a tree
preservation policy or ordinance?
f) Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community Conservation
Plan, or other approved local, regional, or State
habitat conservation plan?
Environmental Evaluation
Setting
The project parcel is in the San Joaquin Valley bioregion near the center of California’s Central Valley.

The site is part of the southern French Camp district of the City of Stockton, surrounded by suburban, industrial, and agricultural zones. For many decades the site has been used for agriculture.

The site is bordered by South McKinley Avenue to the east and French Camp Slough to the west and south. French Camp Slough is a perennial stream with a substantial valley oak (Quercus lobata) riparian corridor (Exhibit 8). Open areas are dominated by non-native grasses and bare ground. The EXHIBIT 1
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City of Stockton–South McKinley Avenue East Industrial Project Environmental Checklist and Initial Study/Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 53 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx soils are mainly Stockton and Galt clay, which are somewhat poorly drained. The relatively flat, low elevation (10-15 feet above mean sea level) site does not have obvious concentrated surface flows into French Camp Slough, but precipitation may percolate and flow underground to the Slough. The Slough flows north into the San Joaquin River, which drains to San Francisco Bay. Would the project:
a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special-status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or United States Fish and Wildlife Service?
Less than significant impact with mitigation incorporated.

Special-status Plants
The 2022 Biological Resources Assessment (Appendix B) documents 25 special-status plant species for the Stockton West, United States Geological Survey (USGS) 7.5-minute Topographic Quadrangle Map, and the eight surrounding USGS quadrangles.
8,9 However, 16 of these species are not expected
to occur on the project site, based on the absence of suitable habitat. Nine special-status plant species have at least low potential to occur in the adjacent riparian corridor of French Camp Slough (Appendix B, Appendix A), albeit not necessarily within the proposed development footprint.

Therefore, no significant impacts on special-status plant species are anticipated.

Special-Status Wildlife Covered Under SJMSCP
The 2022 Biological Resources Assessment (Appendix B) identifies 21 special-status wildlife species for the Stockton West, USGS 7.5-minute Topographic Quadrangle Map, and the eight surrounding USGS quadrangles.
10,11 However, 11 special-status wildlife species are not expected to occur within the project site, based on the absence of suitable habitat. Ten special-status wildlife species have at least low potential to occur within the project site (Appendix B, Appendix A), albeit not necessarily within the proposed development footprint. The avoidance, minimization, and compensatory mitigation measures required by the SJMSCP are intended to reduce any impacts on these species to a less than significant level.

Valley Elderberry Longhorn Beetle
Per the SJMSCP, within San Joaquin County distribution of the valley elderberry longhorn beetle (Desmocerus californicus dimorphus) includes elderberry (Sambucus spp.) and all valley floor riparian and foothill habitats that support elderberry. No stands of elderberry were observed within the project site; however, presence of individual elderberry shrubs within the riparian corridor of French Camp Slough nearby cannot be ruled out.

The proposed project would not result in direct impacts to the riparian corridor of French Camp Slough (Exhibit 8). No valley elderberry longhorn beetle habitat is present outside the riparian corridor. Therefore, the project would not have direct impacts on this species or this species habitat.

The construction of the proposed project could result in dust that may coat and potentially adversely impact this species, if present. However, with implementation of MM BIO-1 and MM BIO-3, requiring coverage through the SJMSCP, and avoidance of direct and indirect impacts on the riparian and EXHIBIT 1
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Environmental Checklist and City of Stockton–South McKinley Avenue East Industrial Project Environmental Evaluation Initial Study/Mitigated Negative Declaration 54 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx aquatic habitats of French Camp Slough, potential project-related impacts on this species can be reduced to a less than significant level.

Western Pond Turtle
French Camp Slough and its associated riparian corridor and adjacent upland grassland provides potential suitable habitat for this species.

The proposed project would not result in direct impacts on the aquatic habitat and riparian corridor of French Camp Slough. However, western pond turtle (Actinemys marmorata) could disperse into the ruderal grassland area and agricultural field in search of upland nesting opportunities. Therefore, the proposed project could have direct impacts on this species through construction equipment resulting in take of western pond turtle and their nests, if present. However, with implementation of MM BIO-1 and MM BIO-3, requiring coverage through the SJMSCP, and avoidance of direct and indirect impacts on the riparian and aquatic habitats of French Camp Slough, potential projectrelated impacts on this species can be reduced to a less than significant level.

Giant Garter Snake
French Camp Slough and its associated riparian corridor and adjacent upland grassland provides potential suitable habitat, including overwintering habitat, for this species.

The proposed project would not result in direct impacts on the aquatic habitat and riparian corridor of French Camp Slough. However, giant garter snakes (Thamnophis gigas) could disperse into the ruderal grassland area and agricultural field in search of upland overwintering opportunities.

Therefore, the project could have direct impacts on this species from construction equipment resulting in take of this species if present. However, with implementation of MM BIO-1 and MM BIO3, requiring coverage through the SJMSCP, and avoidance of direct and indirect impacts on the riparian and aquatic habitats of French Camp Slough, potential project-related impacts on this species can be reduced to a less than significant level.

Specifically, the San Joaquin Council of Governments (SJCOG) requires a temporary construction setback of 200 feet from the banks of French Camp Slough for giant garter snakes from October 2 to April 30.  The buffer can be reduced at the discretion of the Habitat Technical Advisory Committee (HTAC) and Board. The time period in which the proposed project may build within that 200-foot buffer is from May 1 to October 1, when giant garter snakes are not potentially burrowing in the banks of the Slough.

Tricolored Blackbird
Tricolored blackbird (Agelaius tricolor) nesting habitat is present within the riparian corridor of French Camp Slough adjacent to the project site.

The proposed project would not result in direct impacts on the riparian corridor of French Camp Slough. However, the construction of the proposed project could result in indirect disturbance of a tricolored blackbird nesting colony (if present) through excessive noise, dust, and other constructionrelated disturbance. However, with implementation of MM BIO-1 and MM BIO-3, requiring preconstruction nesting bird surveys and nest avoidance, coverage for this species through the SJMSCP, EXHIBIT 1
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City of Stockton–South McKinley Avenue East Industrial Project Environmental Checklist and Initial Study/Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 55 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx and avoidance of impacts on the riparian and aquatic habitats of French Camp Slough, potential project-related impacts on this species can be reduced to a less than significant level.

Burrowing Owl
The upland herbaceous portions of the project site, including the agricultural field under certain conditions (e.g., if left fallow and mowed or grazed, and if colonized by ground squirrels), could potentially provide burrowing owl (Athene cunicularia) habitat.

The proposed project would result in direct impacts on these areas through grading, resulting in adverse impacts on this species, if present. However, with implementation of MM BIO-1 and MM BIO-3, requiring pre-construction nesting bird surveys and nest avoidance, coverage for this species through the SJMSCP, and avoidance of impacts on the riparian and aquatic habitats of French Camp Slough, potential project-related impacts on this species can be reduced to a less than significant level.

Swainson’s Hawk
Swainson’s hawk (Buteo swainsoni) is listed as threatened under CEQA and is a covered species under the SJMSCP, Fish and Game Code, and Migratory Bird Treaty Act (MBTA). Up to four Swainson’s hawk nests have been documented in the past by California Natural Diversity Database (CNDDB) on the project site and within disturbance distance. A stick nest consistent with the appearance of a nest of Swainson’s hawk or other hawk species was observed in the tallest valley oak tree on the northern property boundary; however, whether this tree is a Swainson’s hawk nest tree would need to be confirmed through protocol-level surveys. The agricultural field and ruderal/disturbed grassland (together approximately 10.36 acre on-site) and surrounding areas provide Swainson’s hawk foraging habitat. Therefore, the probability of Swainson’s hawks to nest and forage on-site is high.

The proposed project would result in both potential direct and indirect impacts related to Swainson’s hawk. Direct impacts would occur if an occupied nest tree were to be removed, or if disturbance from construction activities would result in failure of a Swainson’s hawk nest. Potential indirect impacts could occur if unoccupied but confirmed Swainson’s hawk nest trees and foraging habitat is removed. Approximately 8.46 acres of Swainson’s hawk foraging habitat in the form of agricultural field and ruderal grassland are proposed to be removed.

With implementation of MM BIO-1 and MM BIO-3, requiring pre-construction nesting bird surveys and nest avoidance, coverage for this species through the SJMSCP, implementing all SJMSCPrequired avoidance, minimization and compensatory mitigation measures (including compensatory mitigation for loss of Swainson’s hawk foraging habitat at a ratio determined by SJCOG), and avoidance of direct and indirect impacts on nests and occupied nest trees, potential project-related impacts on this species can be reduced to a less than significant level under CEQA Guidelines.

White-tailed Kite
This species has a moderate potential to nest in the trees on-site. Suitable nest trees and foraging habitat in the form of the agricultural field and ruderal/disturbed grassland (together approximately

10.36 acre on-site) and surrounding areas provide white-tailed kite (Elanus leucurus) foraging habitat.

EXHIBIT 1
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Environmental Checklist and City of Stockton–South McKinley Avenue East Industrial Project Environmental Evaluation Initial Study/Mitigated Negative Declaration 56 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx The proposed project would result in both potential direct and indirect impacts related to whitetailed kite. Direct impacts would occur if an occupied nest tree were to be removed, or if disturbance from construction activities would result in failure of a white-tailed kite nest. Potential indirect impacts could occur if unoccupied but confirmed white-tailed kite nest trees and foraging habitat is removed. Approximately 8.46 acres of white-tailed kite foraging habitat in the form of agricultural field and ruderal grassland are proposed to be removed.

With implementation of MM BIO-1 and MM BIO-3, requiring pre-construction nesting bird surveys and nest avoidance, coverage for this species through the SJMSCP, implementing all SJMSCPrequired avoidance, minimization and compensatory mitigation measures, and avoidance of direct and indirect impacts on nests and occupied nest trees, potential project-related impacts on this species can be reduced to a less than significant level under CEQA.

Loggerhead Shrike
This species has a moderate potential to nest in the shrubs on-site, including in shrubs potentially to be removed or disturbed by the proposed project. Loss of an active loggerhead shrike (Lanius ludovicianus) nest would be a significant impact on this species.

However, with implementation of MM BIO-1 and MM BIO-3, requiring pre-construction nesting bird surveys and nest avoidance, coverage for this species through the SJMSCP, implementing all SJMSCPrequired avoidance, minimization and compensatory mitigation measures, and avoidance of direct and indirect impacts on nests and nest trees, potential project-related impacts on this species can be reduced to a less than significant level.

Song Sparrow (“Modesto” population)
Song sparrow (Melospiza melodia mailliardi) nesting habitat is present within the riparian corridor of French Camp Slough adjacent to the project site.

The proposed project would not result in direct impacts on the riparian corridor of French Camp Slough. However, the construction of the proposed project could result in indirect disturbance of song sparrow nests (if present) through excessive noise, dust, and other construction-related disturbance. However, with implementation of MM BIO-1 and MM BIO-3, requiring pre-construction nesting bird surveys and nest avoidance, coverage for this species through the SJMSCP, implementing all SJMSCP-required avoidance, minimization and compensatory mitigation measures, and avoidance of direct and indirect impacts on the riparian and aquatic habitats of French Camp Slough, potential project-related impacts on this species can be reduced to a less than significant level.

Least Bell’s Vireo
Least Bell’s vireo (Vireo bellii) nesting habitat is present within the riparian corridor of French Camp Slough adjacent to the project site.

The proposed project would not result in direct impacts to the riparian corridor of French Camp Slough. However, the construction of the proposed project could result in indirect disturbance of least Bell’s vireo nests (if present) through excessive noise, dust, and other construction-related EXHIBIT 1
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City of Stockton–South McKinley Avenue East Industrial Project Environmental Checklist and Initial Study/Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 57 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx disturbance. However, with implementation of MM BIO-1 and MM BIO-3, requiring pre-construction nesting bird surveys and nest avoidance, coverage for this species through the SJMSCP, implementing all SJMSCP-required avoidance, minimization and compensatory mitigation measures, and avoidance of direct and indirect impacts on the riparian and aquatic habitats of French Camp Slough, potential project-related impacts on this species can be reduced to a less than significant level.

Longfin Smelt and Delta Smelt
Both species (Spirinchus thaleichthys and Hypomesus transpacificus) have been documented downstream from French Camp Slough. Presence of vagrant individuals cannot be ruled out from occurring in the water column of French Camp Slough. The proposed project does not impact French Camp Slough directly. Therefore, no impacts on these species are anticipated.

The construction and operation of the proposed project could have indirect impacts on the water quality of French Camp Slough through erosion, sediment, and runoff of polluted stormwater.

Therefore, the proposed project could result in potential impacts on aquatic habitats for specialstatus fish species occurring in French Camp Slough and other waterbodies downstream.

With implementation of MM BIO-1 and MM BIO-2, the proposed project would implement all water quality protection measures imposed by the SJCOG and the Regional Water Quality Control Board (RWQCB), and therefore any potential indirect impacts on aquatic special-status species would be reduced to less than significant.

Roosting Bats
The project site contains trees that could provide suitable bat roosting habitat, including for specialstatus bats such as the pallid bat. Potential direct and indirect impacts could occur to roosting bats due to removal of potential roosting habitat during project construction. Therefore, it is recommended that a roosting bat survey be conducted prior to the start of project construction, as described below in MM BIO-4.

Other Non-listed Species Covered Under the SJMSCP
The SJMSCP covers additional species that are not listed by State or federal resource agencies. These include more common species including Ferruginous hawk, great egret, great blue heron, shorteared owl, Cooper’s hawk, sharp-shinned hawk, pocket mouse, and others. Potential impacts on any of these will be mitigated to a less than significant level by obtaining coverage by the SJMSCP as stated in MM BIO-1 and MM BIO-3.

Special-status Species Not Covered Under the SJMSCP
Steelhead–Central Valley Distinct Population Segment
Steelhead have been documented downstream of French Camp Slough in the San Joaquin River.

French Camp Slough does not provide suitable spawning habitat, but presence of vagrant individuals cannot be ruled out. The proposed project does not impact French Camp Slough directly, therefore no direct impacts on this species are anticipated.

EXHIBIT 1
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Environmental Checklist and City of Stockton–South McKinley Avenue East Industrial Project Environmental Evaluation Initial Study/Mitigated Negative Declaration 58 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx The construction and operation of the proposed project could have indirect impacts on the water quality of French Camp Slough and downstream reaches through sediment and polluted stormwater runoff. Therefore, the proposed project could result in potential indirect impacts on aquatic habitats for special-status fish species.

With implementation of MM BIO-2, the proposed project would implement all water quality protection measures imposed by the SJCOG and the RWQCB, and therefore any potential indirect impacts on aquatic special-status species would be reduced to less than significant. b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and Wildlife or United States Fish and Wildlife Service? Less than significant impact with mitigation incorporated.

Valley Oak Riparian Forest and Woodland
As shown in Exhibit 9, no direct impacts on Valley Oak Riparian Forest and Woodland (0.35 acre within the project site) are proposed. Per communication with the SJCOG in April 2022, no permanent setback is required to avoid impacts on the riparian corridor.

Approximately 0.15 acre of Valley Oak Woodland and Forest (CDFW California Sensitive Natural Community 71.040.00 and protected under the SJMSCP) are proposed to be removed. The SJCOG offers compensatory mitigation for loss of Valley Oak Woodland and Forest through the SJMSCP permitting process. The applicant would be required to obtain a SJMSCP permit, as stated in MM BIO-1, above. With implementation of the mitigation requirements defined by the SJCOG, impacts to sensitive natural communities would be considered less than significant under CEQA. c) Have a substantial adverse effect on State or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means?
Less than significant impact with mitigation incorporated.

French Camp Slough is a protected water through federal and State regulations. No direct impacts are proposed to French Camp Slough. However, the construction and operation of the proposed project could have indirect impacts on the water quality of French Camp Slough and downstream reaches through sediment and polluted stormwater runoff. Therefore, the proposed project could result in potential impacts on State and federally protected waters.

With implementation of MM BIO-2 the proposed project would implement all water quality protection measures imposed by the SJCOG and the RWQCB, and therefore any potential indirect impacts on aquatic special-status species would be reduced to less than significant.

EXHIBIT 1
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55760004 • 04/2023 | 8_land_cover_veg.m xd
Exhibit 8
Land Cover and
Vegetation Com m unity T ypes
Source: Bing Aerial Im agery.

CIT Y OF ST OCKT ON

SOUT H MCKINLEY AVENUE EAST INDUST RIAL PROJECT

INIT IAL ST UDY/MIT IGAT ED NEGAT IVE DECLARAT ION
200 100 0 200
Feet
Legend
Project Site 11.26 acres
Land Cover and Vegetation
Agricultural 10.18 acres
Ruderal/Disturbed 0.18 acre
Valley Oak Riparian Forest and Woodland 0.34 acre
Valley Oak Woodland and Forest 0.56 acre
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55760004 • 04/2023 | 9_bio_im pacts.m xd
Exhibit 9
Im pacts on Biological Resources
Source: Bing Aerial Im agery.

CIT Y OF ST OCKT ON

SOUT H MCKINLEY AVENUE EAST INDUST RIAL PROJECT

INIT IAL ST UDY/MIT IGAT ED NEGAT IVE DECLARAT ION
200 100 0 200
Feet
Legend
Project Site 11.26 acres
Limits Of Grading 8.53 acres
Impacts to Valley Oak Woodland and Forest Outside the Limits of Grading Land Cover and Vegetation Project Site Impacts
Agricultural 10.18 acres 8.42 acres
Ruderal/Disturbed 0.18 acre 0.04 acre
Valley Oak Riparian Forest and Woodland 0.34 acre 0.00 acre Valley Oak Woodland and Forest 0.56 acre 0.15 acre
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City of Stockton–South McKinley Avenue East Industrial Project Environmental Checklist and Initial Study/Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 63 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of wildlife nursery sites?
Less than significant impact with mitigation incorporated.

Nursery Sites
The aquatic and riparian habitats of French Camp Slough, and the upland valley oak woodland are potential nursery sites, including for nesting birds and roosting bats, giant garter snakes, western pond turtles and others. With implementation of MM BIO-1 through MM BIO-6, impacts on nursery sites would be reduced to less than significant through direct and indirect impact avoidance of the riparian corridor and compensatory mitigation for loss of 0.15 acre of valley oak woodland.

Protected Nesting Birds
The riparian corridor of French Camp Slough and all vegetated habitats within the project site could provide suitable habitat for a variety of species of nesting birds. Ground nesting birds may use undisturbed grassland and barren areas. Grading and the removal of trees during the nesting season (generally February 15 to August 31) could result in direct harm to nesting birds protected under the Fish and Game Code or MBTA. Construction noise, light, and other man-made disturbances may cause nesting birds to abandon their nests.

Implementation of MM BIO-3 would reduce impacts on protected bird nests to a less than significant level.
e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?
Less than significant impact with mitigation incorporated.

Local policies include protection of biological and natural resources and require preparation of a Biological Study, which the FCS Biological Resources Assessment (BRA) constitutes. With implementation of the mitigation measures developed and recommended here, the proposed project would not conflict with any local policies. Specifically, MM BIO-6 would ensure that the proposed project would not conflict with the Municipal Code Section 16.130 – Heritage Oak Permit by requiring a Tree Report as well as a tree removal permit and mitigation as required by the SJCOG and SJMSCP for removal of any ordinance-size valley oak trees protected under the Municipal Code.

Impacts would be less than significant with mitigation incorporated. f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or State Habitat Conservation Plan? Less than significant impact with mitigation incorporated.

The project site is located within the SJMSCP planning area, and the City of Stockton is a signatory to the SJMSCP. MM BIO-1 would require the project to obtain SJMSCP coverage for potential projectrelated impacts on covered species and loss of 0.15 acre of protected valley oak woodland; and EXHIBIT 1
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Environmental Checklist and City of Stockton–South McKinley Avenue East Industrial Project Environmental Evaluation Initial Study/Mitigated Negative Declaration 64 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx implementation of all required avoidance, minimization, and compensatory mitigation measures.

With implementation of MM BIO-1, no significant conflict with the provisions of the SJMSCP would occur.

Mitigation Measures
MM BIO-1 Prior to any disturbance activities (including vegetation removal and grading), the applicant shall obtain a San Joaquin County Multi-Species Habitat Conservation and Open Space Plan (SJMSCP) permit from San Joaquin Council of Governments (SJCOG) to mitigate for impacts to SJMSCP-covered species and their habitats. The applicant shall implement all requirements and conditions stated in the SJMSCP permit. Coverage involves compensation for habitat impacts on covered species through implementation of Incidental Take Minimization Measures (ITMMs) and payment of fees for conversion of lands that may provide habitat for covered species.

MM BIO-2a Avoidance and Minimization of Indirect Temporary Impacts to Water Quality and Riparian Habitat
• The project applicant shall obtain a Construction General Permit from the Regional Water Quality Control Board (RWQCB). The applicant shall ensure that the project Civil Engineer prepares all required stormwater planning documents consistent with the requirements of the RWQCB (e.g., a Storm Water Pollution Prevention Plan [SWPPP] that complies with current National Pollutant Discharge Elimination System [NPDES]; Best Management Practices [BMPs] to control the pollutants in stormwater runoff, and/or a Storm Water Management Plan [SWMP]) shall be developed and integrated into the project plan.

MM BIO-2b No Work Within the Riparian Corridor and Creek Bed or Banks • No work (including vegetation removal) shall take place within the riparian corridor of French Camp Slough unless specifically permitted by the California Department of Fish and Wildlife (CDFW) or Regional Water Quality Control Board (RWQCB).
• Prior to construction the applicant shall install silt fencing including the placement of straw wattles between all construction areas and the riparian corridor to avoid impacts to water quality by grading and construction. A qualified Biologist shall be on-site to monitor the installation of fencing. Fencing shall be in place and regularly maintained during project implementation.

MM BIO-2c Avoidance and Minimization of Indirect Permanent Impacts to Water Quality and Riparian Habitat
• The applicant shall install post-construction stormwater management measures and establish a long-term maintenance plan. This requirement is intended to EXHIBIT 1
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City of Stockton–South McKinley Avenue East Industrial Project Environmental Checklist and Initial Study/Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 65 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx ensure that the post-construction conditions at the project site do not cause or contribute to direct or indirect water quality impacts (i.e., pollution and/or hydromodification) upstream and downstream. Specifically, the discharger shall demonstrate compliance with the post-construction standards set forth in the General Permit. The discharger is responsible for all compliance issues including all annual fees until the Notice of Termination (NOT) has been filed and approved by the local Regional Water Quality Control Board (RWQCB). • The applicant shall establish permanent fencing to keep trash and other debris from moving off-site into the aquatic or riparian habitats of French Camp Slough.

MM BIO-3 Protection of Active Bird Nests (includes pre-construction survey and implementation of avoidance buffer, if found).
• Removal of trees shall be limited to only those necessary to construct the proposed project as reflected in the relevant project approval documents. • If the proposed project requires trees to be removed during the nesting season, pre-construction surveys shall be conducted no more than 10 days prior to the start of ground or vegetation disturbance (including tree removal) to determine whether or not active nests are present.
• If an active nest is located during pre-construction surveys, a qualified Biologist shall determine an appropriately sized avoidance buffer based on the species and anticipated disturbance level. (The California Department of Fish and Wildlife [CDFW] recommends a minimum no-disturbance buffer of 250 feet around active nests of non-listed bird species and a 500-foot no-disturbance buffer around active nests of non-listed raptors.) A qualified Biologist shall delineate the avoidance buffer using Environmentally Sensitive Area fencing, pin flags, and/or yellow caution tape. The buffer zone shall be maintained around the active nest site(s) until the young have fledged and are foraging independently. No construction activities or construction foot traffic is allowed to occur within the avoidance buffer(s).
• The qualified Biologist shall monitor the active nest during construction activities to prevent any potential impacts that may result from the construction of the proposed project, until the young have fledged.

MM BIO-4 Roosting Bat Pre-construction Survey and Avoidance Prior to the star of construction (e.g., prior to any earthmoving or ground-disturbing activity), a qualified Biologist with relevant roosting bat experience shall conduct a survey for special-status bats during the appropriate time of day to maximize detectability to determine whether bat species are roosting near the work area no less than 7 days and no more than 14 days prior to beginning ground disturbance and/or construction. Survey methodology may include visual surveys of bats (e.g., observation of bats during foraging period), inspection for suitable habitat, bat sign (e.g., guano), or use of ultrasonic detectors (Anabat, etc.).

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Environmental Checklist and City of Stockton–South McKinley Avenue East Industrial Project Environmental Evaluation Initial Study/Mitigated Negative Declaration 66 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx Visual surveys will include trees within 500 feet of project construction activities.

Not more than 2 weeks prior to building demolition, the project applicant shall ensure that a qualified Biologist (i.e., one familiar with the identification of bats and signs of bats) survey buildings proposed for demolition for the presence of roosting bats or evidence of bats. If no roosting bats or evidence of bats are found in the structure, demolition may proceed. If the Biologist determines or presumes bats are present, the Biologist shall exclude the bats from suitable spaces by installing oneway exclusion devices. After the bats vacate the space, the Biologist shall close off the space to prevent recolonization. Building demolition shall only commence after the Biologist verifies 7 to 10 days later that the exclusion methods have successfully prevented bats from returning. To avoid impacts on young non-volant (i.e., nonflying) bats, the Biologist shall only conduct bat exclusion and eviction from May 1 through October 1. Exclusion efforts may be restricted during periods of sensitive activity (e.g., during hibernation or while females in maternity colonies are nursing young) as determined by the Biologist.

Movement Corridors
French Camp Slough and associated riparian corridors provide a significant wildlife movement corridor. The proposed project avoids all direct impacts on this corridor, and implementation of MM BIO-1 through MM BIO-4 (above), MM BIO-5, below, and MM BIO-6 (in subsequent sections) will avoid and minimize all indirect impacts to this area.

MM BIO-5 The project applicant shall implement GP NCR-2.18 Minimize Lighting Impacts for the portion of the project site that is visible from the riparian corridor of French Camp Slough. The applicant shall ensure that lighting associated with new development or facilities (including street lighting, recreational facilities, and parking) shall be designed to prevent artificial lighting from illuminating adjacent natural areas at a level greater than 1 foot-candle above ambient conditions.

MM BIO-6 The applicant shall prepare and submit a tree report to the City of Stockton. The tree report shall include the location, species, and diameter at 24 inches above grade (for multi-trunked trees the combined total trunk diameter shall be used for all trunks measuring 6 inches or greater measured at 24 inches above actual grade). The tree report shall list the number of ordinance-size trees proposed to be removed. For ordinance-size trees to be removed, the applicant shall obtain a tree removal permit from the City of Stockton. If ordinance-size valley oaks are proposed to be removed, then mitigation for loss of these valley oaks can be covered through valley oak woodland mitigation as required by the San Joaquin Council of Governments (SJCOG) and defined in the San Joaquin County Multi-Species Habitat Conservation and Open Space Plan (SJCMSCP) permit to be obtained by the applicant.

Conclusion
With adherence to Standard Permit Conditions and implementation of MM BIO-1 through MM BIO6, impacts to biological resources would be less than significant.

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City of Stockton–South McKinley Avenue East Industrial Project Environmental Checklist and Initial Study/Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 67 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx Environmental Issues
Potentially
Significant
Impact
Less than
Significant
Impact with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact

2.5 Cultural Resources and Tribal Cultural Resources
Would the project:
a) Cause a substantial adverse change in the
significance of a historical resource as pursuant to
Section 15064.5?
b) Cause a substantial adverse change in the
significance of an archaeological resource pursuant
to Section 15064.5?
c) Disturb any human remains, including those interred
outside of formal cemeteries?
Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code Section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is:
d) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of
historical resources as defined in Public Resources
Code Section 5020.1(k), or
e) A resource determined by the lead agency, in its
discretion and supported by substantial evidence, to
be significant pursuant to criteria set forth in
subdivision I of Public Resources Code Section
5024.1. In applying the criteria set forth in
subdivision I of Public Resource Code Section 5024.1,
the lead agency shall consider the significance of the
resource to a California Native American tribe.

Environmental Evaluation
Setting
Click and type narrative to describe impact.This section describes the existing cultural resources setting and potential effects from project implementation on the project site and its surrounding area. Descriptions and analysis in this section are based on information provided by the Native American Heritage Commission (NAHC), the Central California Information Center (CCIC), National Register of Historic Places (NRHP), California Register of Historical Resources (CRHR), California Historic Landmarks list (CHL), California Points of Historical Interest (CPHI) list, California Built Environment Resource Directory (BERD), California Historical Resources Inventory, and a pedestrian survey of the site conducted by FCS. The Confidential Phase I Cultural Resources Assessment (Phase I CRA) can be provided upon request.

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Environmental Checklist and City of Stockton–South McKinley Avenue East Industrial Project Environmental Evaluation Initial Study/Mitigated Negative Declaration 68 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx Central California Information Center
A records search was conducted on March 21, 2022, at the CCIC, located at California State University, Stanislaus, for the project site and a 0.5-mile radius beyond the project boundaries. The purpose of this review was to access existing cultural resource survey reports, archaeological site records, and historic aerial photographs and evaluate whether any previously documented prehistoric or historic archaeological sites, architectural resources, cultural landscapes, or other resources exist within or near the project area.

Results from the CCIC indicate that 12 cultural resources (four prehistoric resources, seven historic resources, and one protohistoric resource) and three informal resources (Bridge 29C033, 29C0124, and 29C0340) have been recorded within 0.5 mile of the project site, no cultural resources have been recorded within the project site. In addition, 18 area-specific survey reports are on file with the CCIC for the project site and its 0.5-mile search radius. One survey report, SJ-00729, is partially within the project boundary indicating that the project site has partially been surveyed for cultural resources.

Native American Heritage Commission and Tribal Outreach On March 18, 2022, FCS sent a request to the NAHC in an effort to determine whether any sacred sites are listed on its Sacred Lands File for the project site. A response was received on May 5, 2022, indicating that the Sacred Lands File was positive for the presence of Native American cultural resources in the immediate project area. The NAHC included a list of 12 tribal representatives available for consultation. To ensure that all Native American knowledge and concerns over potential Tribal Cultural Resources (TCRs) that may be affected by the project are addressed, a letter containing project information and requesting any additional information was sent to each tribal representative on May 6, 2022. One response was received on June 7, 2022, from the Confederated Villages of Lisjan requesting records search results. No additional responses have been received to date.

Cultural Resources Survey and Buried Site Potential
On May 4, 2022, FCS Senior Archaeologist, Dr. Dana DePietro, surveyed the project site to identify any unrecorded cultural resources within the project boundary. The survey began on the northeast corner of the project site and moved south using east/west transects spaced at 15-meter intervals whenever possible. The project site consists entirely of plowed agricultural land, bordered by South McKinley Avenue to the east, and French Camp Slough to the west. Overall visibility of native soils was moderate due to some ground cover and vegetation, ranging from 40-50 percent across the site.

A trowel was used to test subsurface soil composition in areas of obscured visibility. Overall, soils which were primarily composed of rich, medium brown (Munsell 10 YR 4/2) loamy soils interspersed with small (2-5 cm) stones composed primarily of schist, quartz, basalt, and Franciscan chert.

Particular attention was paid to areas along the western banks of French Camp Slough that may have been utilized by Native American tribes in antiquity.

Survey conditions were documented using digital photographs and field notes. During the survey, Dr.

DePietro examined all areas of the exposed ground surface for prehistoric artifacts (e.g., fire-affected rock, milling tools, flaked stone tools, toolmaking debris, ceramics), soil discoloration and EXHIBIT 1
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City of Stockton–South McKinley Avenue East Industrial Project Environmental Checklist and Initial Study/Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 69 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx depressions that might indicate the presence of a cultural midden, faunal and human osteological remains, and features indicative of the former presence of structures or buildings (e.g., postholes, standing exterior walls, foundations) or historic debris (e.g., glass, metal, ceramics.) The entire project site appears to have been recently plowed, and as a result, quite a bit of modern trash (plastic straws, bottlecaps, etc.) were observed across the site. Interspersed with these items were also older pieces of detritus including heavily patinaed blue glass and milk glass fragments.

Most significantly, a green chert lithic isolate was discovered in the property boundary. The isolate is a piece of lithic debitage, exhibiting cortex with a clearly defined bulb of percussion and at least four channels where flakes were knapped away as part of the lithic reduction strategy. This isolate was found out-of-context along with modern refuse that had been moved across the site as a result of extensive plowing and agricultural activity. As such, no defined archaeological deposit or feature associated with the isolate was discernible. Similar lithics have been recovered at pre-contact archaeological sites along French Camp Slough, significantly, at site CA-SJO-000226 to the immediate north of the project site.

Cultural Resources
Would the project:
a) Cause a substantial adverse change in the significance of a historical resource as pursuant to Section 15064.5?Define Impact.Click and type narrative to describe impact.

No impact. CEQA Guidelines Section 15064.5 defines “historic resources” as resources listed in the CRHR, a local register, determined significant by the Lead Agency, or determined to be eligible by the California Historical Resources Commission for listing in the CRHR. The criteria for eligibility are generally set by the National Historic Preservation Act of 1966, which established the NRHP, and which recognizes properties that are significant at the national, State, and local levels. To be eligible for listing in the NRHP and CRHR, a district, site, building, structure, or object must possess integrity of location, design, setting, materials, workmanship, feeling, and association relative to American history, architecture, archaeology, engineering, or culture. In addition, unless the property possesses exceptional significance, it must be at least 50 years old to be eligible.

The records search conducted at the CCIC for the project radius determined that seven historic resources have been recorded within the 0.5-mile search radius, however none are within the project boundaries. Additionally, the pedestrian survey did not identify any potentially historic built environment resources. There would be no impacts to historical built environment resources from the proposed project.
b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5?Define Impact.Click and type narrative to describe impact.

Less than significant with mitigation incorporated. Section 15064.5 of the CEQA Guidelines defines significant archaeological resources as resources that meet the criteria for historical resources, as discussed above, or resources that constitute unique archaeological resources. A project-related EXHIBIT 1
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Environmental Checklist and City of Stockton–South McKinley Avenue East Industrial Project Environmental Evaluation Initial Study/Mitigated Negative Declaration 70 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx significant adverse effect could occur if a project were to affect archaeological resources that fall under these categories.

The records search conducted at the CCIC for the project site determined that four prehistoric resources, one protohistoric resource, and seven historic resources are recorded within the 0.5-mile search radius, no archaeological resources are recorded within the project boundaries. In addition, the results of the pedestrian survey did identify a green chert lithihc isolate and painted blue glass and milk glass fragments. No additional archaeological resources were discovered during the pedestrian survey. Nevertheless, it is possible that earthmoving activities associated with project construction and off-site improvements could encounter previously undiscovered archaeological resources. Archaeological resources can include but are not limited to stone, bone, wood or shell artifacts or features, including hearths and structural elements. Damage or destruction of these resources would be a potentially significant impact. Implementation of MM CUL-1 would ensure that this potential impact is reduced to a less than significant level. c) Disturb any human remains, including those interred outside of formal cemeteries? Less than significant with mitigation incorporated. No human remains or cemeteries are known to exist within the project site, however a recorded burial site is within 0.5-mile search radius of the project boundaries. Although human remains within the project site are unlikely, there is always the possibility that earthmoving activities associated with project construction could potentially damage or destroy previously undiscovered human remains. This would be a potentially significant impact.

In the event of the accidental discovery or recognition of any human remains, CEQA Guidelines Section 15064.5, Health and Safety Code Section 7050.5, and Public Resources Code Sections 5097.94 and 5097.98 must be followed. MM CUL-2 further specifies the procedures to follow in the event human remains are uncovered. Along with compliance with these guidelines and statutes, implementation of this mitigation would reduce potential impacts related to human remains to a less than significant level.

Tribal Cultural Resources
Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code Section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is:
d) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code Section 5020.1(k), orDefine Impact.Click and type narrative to describe impact.

Less than significant with mitigation incorporated. The records search conducted at the CCIC, which included a search of the CRHR, did not identify any listed or eligible TCRs that would be adversely affected by the proposed project. Additionally, the NAHC Sacred Lands File search results determined the immediate project is postive for TCRs, however the results did not indicate whether the TCRs are listed or eligible for listing in the CRHR. Should any undiscovered TCRs be encountered EXHIBIT 1
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City of Stockton–South McKinley Avenue East Industrial Project Environmental Checklist and Initial Study/Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 71 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx during project construction, implementation of MM CUL-1 and MM CUL-2 would reduce potential impacts to a less than significant level.
e) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision I of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision I of Public Resource Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe.

Define Impact.As of April 5, 2023, the City had not initiated Assembly Bill (AB) 52. This section will be updated with the results of that consultation.

Mitigation Measures
MM CUL-1 An Archaeologist who meets the Secretary of the Interior’s Professional Qualification Standards for archaeology shall provide full-time archaeological monitoring both onsite and off-site for the new sewer line connection in South McKinley Avenue, for all ground disturbance, including, but not limited to, grubbing, clearing, grading, and trenching into previously undisturbed soils.

It is always possible that ground-disturbing activities during construction may uncover previously unknown, buried cultural resources. In the event that buried cultural resources are discovered during construction, operations shall stop in the immediate vicinity of the find and a qualified Archaeologist shall be consulted to determine whether the resource requires further study. The qualified Archaeologist shall make recommendations to the Lead Agency on the measures that shall be implemented to protect the discovered resources, including but not limited to excavation of the finds and evaluation of the finds in accordance with Section 15064.5 of the CEQA Guidelines. Potentially significant cultural resources consist of but are not limited to stone, bone, fossils, wood, or shell artifacts or features, including hearths, structural remains, or historic dumpsites. Any previously undiscovered resources found during construction within the project area shall be recorded on appropriate California Department of Parks and Recreation (DPR) forms and evaluated for significance in terms of CEQA criteria.

If the resources are determined to be unique historic resources as defined under Section 15064.5 of the CEQA Guidelines, mitigation measures shall be identified by the Archaeological Monitor and recommended to the Lead Agency. Appropriate mitigation measures for significant resources could include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds.

No further grading shall occur in the area of the discovery until the Lead Agency approves the measures to protect these resources. Any archaeological artifacts recovered as a result of mitigation shall be donated to a qualified scientific EXHIBIT 1
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Environmental Checklist and City of Stockton–South McKinley Avenue East Industrial Project Environmental Evaluation Initial Study/Mitigated Negative Declaration 72 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx institution approved by the Lead Agency where they would be afforded long-term preservation to allow future scientific study.

MM CUL-2 In the event of an accidental discovery or recognition of any human remains, Public Resources Code Section 5097.98 must be followed. For purposes of this project, once project-related earthmoving begins and if there is accidental discovery or recognition of any human remains, the following steps shall be taken:

1. There shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the County Coroner is contacted to determine whether the remains are Native American and if an investigation of the cause of death is required. If the Coroner determines the remains to be Native American, the Coroner shall contact the Native American Heritage Commission (NAHC) within 24 hours, and the NAHC shall identify the person or persons it believes to be the “most likely descendant” of the deceased Native American. The Most Likely Descendant (MLD) may make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains, and any associated grave goods as provided in Public Resources Section 5097.98, or

2. Where the following conditions occur, the landowner or his/her authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity either in accordance with the recommendations of the MLD or on the project site in a location not subject to further subsurface disturbance:
• The NAHC is unable to identify a MLD or the MLD failed to make a recommendation within 48 hours after being notified by the commission. • The descendant identified fails to make a recommendation. • The landowner or his authorized representative rejects the recommendation of the descendant, and the mediation by the NAHC fails to provide measures acceptable to the landowner.

EXHIBIT 1
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City of Stockton–South McKinley Avenue East Industrial Project Environmental Checklist and Initial Study/Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 73 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx Environmental Issues
Potentially
Significant
Impact
Less than
Significant
Impact with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact

2.6 Energy
Would the project:
a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary
consumption of energy resources, during project
construction or operation?
b) Conflict with or obstruct a State or local plan for
renewable energy or energy efficiency?
Environmental Evaluation
Setting
The analysis in this section is based, in part, on the Air Quality, GHG Emissions, and Energy Report prepared by FCS, which is included as Appendix A.

Energy use, especially through fossil fuel consumption and combustion, relates directly to environmental quality since it can adversely affect air quality and generate GHG emissions that contribute to climate change. Electrical power is generated through a variety of sources, including fossil fuel combustion, hydropower, wind, solar, biofuels, and others. Natural gas is widely used to heat buildings, prepare food in restaurants and residences, and fuel vehicles, among other uses. Fuel use for transportation is related to the fuel efficiency of cars, trucks, and public transportation; choice of different travel modes such as auto, carpool, and public transit; and miles traveled by these modes, and generally based on petroleum-based fuels such as diesel and gasoline. Electric vehicles (Evs) may not have any direct emissions but do have indirect emissions via the source of electricity generated to power the vehicle. Construction and routine operation and maintenance of transportation infrastructure also consume energy. PG&E provides electricity to the project site.

Would the project:
a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? Less than significant impact. Energy consumed by the proposed project was estimated and includes natural gas (although the proposed project does not provide natural gas connections), electricity, and fuel consumption for project construction and operation. Energy calculations are included as part of Appendix C of the Air Quality, GHG Emissions, and Energy Report (Appendix A).

Construction Impacts
The project construction schedule was assumed to begin in April 2024 and conclude in December 2024. If the construction schedule moves to later years, construction emissions would likely decrease EXHIBIT 1
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Environmental Checklist and City of Stockton–South McKinley Avenue East Industrial Project Environmental Evaluation Initial Study/Mitigated Negative Declaration 74 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx because of improvements in technology and more stringent regulatory requirements as older, less efficient equipment is replaced by newer and cleaner equipment. The proposed project would require demolition, site preparation, grading, building construction, architectural coating, and paving. The construction phase would require energy for the manufacture and transportation of building materials, preparation of the site (e.g., demolition, site clearing, and grading), and the actual construction of the building. Petroleum-based fuels such as diesel fuel and gasoline would be the primary sources of energy for these tasks.

The types of on-site equipment used during construction of the proposed project could include gasoline- and diesel-powered construction and transportation equipment, including trucks, graders, tractors, and cranes. Main site construction equipment is estimated to consume a total of 20,526 gallons of diesel fuel over the entire construction duration (Appendix A).

Fuel use associated with construction vehicle trips generated by the proposed project was also estimated; trips include construction worker trips, haul truck trips for material transport, and vendor trips for construction material deliveries. Fuel use from these vehicles traveling to the project site was based on (1) the projected number of trips the proposed project would generate during construction, (2) average trip distances by trip type, and (3) fuel efficiencies estimated in the ARB Emission FACtor (EMFAC) mobile source emission model. The specific parameters used to estimate fuel usage are included in Appendix A. In total, the proposed project is estimated to generate 211,950 VMT and a combined 7,447 gallons of combined gasoline and diesel for vehicle travel during construction.

The overall construction schedule and process Is already designed to be efficient In order to avoid excess monetary costs. For example, equipment and fuel are not typically used wastefully due to the added expense associated with renting the equipment, maintaining it, and fueling it. Therefore, the opportunities for future efficiency gains during construction are limited. Therefore, it is anticipated that the construction phase of the proposed project would not result in wasteful, inefficient, and unnecessary consumption of energy. Construction-related energy impacts would be less than significant.

Operational Impacts
The proposed project would consume energy as part of building operations and transportation activities. Project energy consumption is summarized in Table 7.

Table 7: Estimated Annual Project Energy Consumption
Energy Consumption Activity Annual Consumption
Electricity Consumption 2,117,255 kWh/year
Natural Gas Consumption 1,139,771 kBTU/year
Operational Energy Consumption–ZEVs 20,699 kWh/year
Operational Fuel Consumption–Trucks 61,013 gallons of gasoline and diesel Operational Fuel Consumption–Passenger Vehicles 54,051 gallons of primarily gasoline EXHIBIT 1
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City of Stockton–South McKinley Avenue East Industrial Project Environmental Checklist and Initial Study/Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 75 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx Energy Consumption Activity Annual Consumption
Total Fuel Consumption (Passenger Vehicles and
Trucks Combined)
115,064 gallons of gasoline and diesel
Notes:
kWh = kilowatt-hour
kBTU = kilo-British Thermal Unit
VMT = Vehicle Miles Traveled
ZEV = Zero-Emission Vehicle
Source: Appendix A.

Operation of the proposed warehouse would consume an estimated 2,117,255 kWh of electricity and an estimated 1,139,771 kBTU of natural gas on an annual basis (if it were retrofitted to provide natural gas). The proposed project’s building would be designed and constructed in accordance with the City’s latest adopted energy efficiency standards, which are based on the State’s Building Energy Efficiency Standards. These are widely regarded as the most advanced building energy efficiency standards and compliance would ensure that building energy consumption would not be wasteful, inefficient, or unnecessary.

Project-related vehicle trips would consume an estimated 115,064 gallons of gasoline and diesel annually and would involve activities and travel routes typical of a warehouse-type project. ZeroEmission Vehicles (ZEV) passenger vehicles represent 4 percent of the passenger vehicle fleet in 2024 and electricity consumption associated with this is 20,700 kWh for 2024. This will increase as ZEVs penetrate the California market and fossil fuels will decrease. Thus, transportation fuel consumption would not be wasteful, inefficient, or unnecessary. Impacts would be less than significant. b) Conflict with or obstruct a State or local plan for renewable energy or energy efficiency? Less than significant impact. The proposed project would be served with electricity provided by PG&E. In 2021, PG&E obtained 47.7 percent of its electricity from renewable energy sources. 22 PG&E
also offers a 50 percent and 100 percent solar choice that source 70.9 and 93.9 percent of its power mix from eligible renewable energy sources respectively, as well as a Green Saver option that sources 83.9 percent of its power mix from eligible renewable energy sources.23 The utility would be required to meet the future objective of 60 percent of electricity from renewable energy sources by 2030. The proposed warehouse building would be designed in accordance with Title 24, California’s Energy Efficiency Standards for Nonresidential Buildings. These standards include minimum energy efficiency requirements related to building envelope, mechanical systems (e.g., heating, ventilation, and air conditioning [HVAC] and water heating systems), and indoor and outdoor lighting. The incorporation of the Title 24 standards into the design of the proposed project would ensure that the proposed project would not result in the use of energy in a wasteful manner. 22 California Energy Commission (CEC). 2023. 2021 Power Content Label: PG&E. Website: https://www.energy.ca.gov/programs-andtopics/programs/power-source-disclosure/power-content-label/annual-power-content-2. Accessed March 25, 2023. 23 Ibid.

EXHIBIT 1
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Environmental Checklist and City of Stockton–South McKinley Avenue East Industrial Project Environmental Evaluation Initial Study/Mitigated Negative Declaration 76 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx The General Plan contains the following policies related to energy conservation.24 Policy LU-5.4 Require water and energy conservation and efficiency in both new construction and retrofits.

Action LU-5.4A Require all new development, including major rehabilitation, renovation, and redevelopment, to adopt best management practices for water use efficiency and demonstrate specific water conservation measures.

Action LU-5.4B Require all new development, including major rehabilitation, renovation, and redevelopment, to incorporate feasible and appropriate energy conservation and green building practices, such as building orientation and shading, landscaping, and the use of active and passive solar heating and water systems.

Action LU-5.4C Update the Citywide Design Guidelines to strengthen energy conservation and green building provisions.

In addition, Action SAF-4.1A, as part of Policy SAF-4.1 related to Air Quality (summarized in Section

2.3 Setting), requires the installation of Energy Star-certified appliances.

The proposed project would comply with existing State energy standards and with energy conservation policies contained in the General Plan. As such, the proposed project would not conflict with State or local renewable or energy efficiency objectives. Impacts would be less than significant.

The proposed project’s compliance with Title 24 standards and other applicable regulations would ensure that the proposed project would not conflict with any of the General Plan energy conservation policies related to the proposed project’s building, mechanical systems, or indoor and outdoor lighting.

Although not required to reduce significance related to energy impacts, implementation of MM GHG-1a through MM GHG-1f would further reduce operational energy consumption by requiring electric landscape and material handling equipment, reducing vehicle fuel consumption by limiting or prohibiting vehicle idling which would further reduce operational fuel consumption.

Mitigation Measures
No mitigation required.
24 City of Stockton 2018. Envision Stockton 2040 General Plan. Website: http://www.stocktonca.gov/files/Adopted_Plan.pdf. Accessed March 21, 2023.

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City of Stockton–South McKinley Avenue East Industrial Project Environmental Checklist and Initial Study/Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 77 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx Environmental Issues
Potentially
Significant
Impact
Less than
Significant
Impact with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact

2.7 Geology and Soils
Would the project:
a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving:
i) Rupture of a known earthquake fault, as
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the
State Geologist for the area or based on other
substantial evidence of a known fault? Refer to
Division of Mines and Geology Special
Publication 42.
ii) Strong seismic ground shaking?
iii) Seismic-related ground failure, including
liquefaction?
iv) Landslides?
b) Result in substantial soil erosion or the loss of
topsoil?
c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the
project, and potentially result in on- or off-site
landslide, lateral spreading, subsidence, liquefaction, or collapse?
d) Be located on expansive soil, as defined in Table 18- 1-B of the Uniform Building Code (1994), creating
substantial direct or indirect risks to life or property? e) Have soils incapable of adequately supporting the
use of septic tanks or alternative wastewater disposal
systems where sewers are not available for the
disposal of wastewater?
f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?
Environmental Evaluation
Setting
This section is based in part on a Geotechnical Exploration prepared by ENGEO Incorporated on June 20, 2022.
25 The study is included as Appendix D of this Draft IS/MND. 25 ENGEO Incorporated. June 20, 2022. Geotechnical Exploration.

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Environmental Checklist and City of Stockton–South McKinley Avenue East Industrial Project Environmental Evaluation Initial Study/Mitigated Negative Declaration 78 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx The City is not listed by the California Geological Survey (CGS) as a city affected by an Alquist-Priolo Earthquake Fault Zone.26 The Hayward Fault, a major earthquake fault in the San Francisco Bay region, lies roughly 40 miles southwest of the City. The Greenville Fault lies approximately 22 miles from the City. An earthquake of moderate to high magnitude generated within the nearby San Francisco Bay Area could cause significant ground shaking at the project site. The degree of shaking would depend on the magnitude of the event, the duration of the event, the distance to the zone of rupture (i.e., hypocenter), and local geologic conditions.

Landslides are gravity-driven movements of earth materials that can include rock, soil, unconsolidated sediment, or combinations of such materials. CGS has not mapped any landslide hazard zones in the City or in its immediate vicinity.27 Expansive soils can change dramatically in volume depending on moisture content. When wet, these soils can expand; conversely, when dry, they can contract or shrink. Sources of moisture that can trigger this shrink-swell phenomenon include seasonal rainfall, landscape irrigation, utility leakage, and/or perched groundwater. Expansive soil can develop wide cracks in the dry season, and changes in soil volume have the potential to damage concrete slabs, foundations, and pavement. Special building/structure design or soil treatment are often needed in areas with expansive soils. Based on a Countywide map of expansive soils published by the San Joaquin County Geographical Information Systems Unit, the project site appears to be underlain by expansive soils.28 Would the project:
a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury or death involving:
i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42.

Less than significant impact. No designated Alquist-Priolo Earthquake Fault Zones have been mapped in the City or its immediate vicinity. Additionally, no other active faults are located within the City or its immediate vicinity. Therefore, ground rupture is unlikely at the project site.29 The nearest earthquake fault to the City is the Greenville Fault, located approximately 22 miles southwest of the City. As previous noted, the maximum forecasted earthquake on this fault is magnitude 6.0 and the probability of such a seismic event occurring by the year 2036 is approximately 3 percent.30 The Hayward Fault, a major earthquake fault in the San Francisco Bay 26 California Geological Survey (CGS), 2017. Cities and Counties Affected by Alquist-Priolo Earthquake Fault Zones as of January 2010, http://maps.conservation.ca.gov/cgs/informationwarehouse/index.html?map=regulatorymaps. Accessed April 1, 2023. 27 Ibid. 28 San Joaquin County Geographic Information Systems. 2022. Expansive Soils 1999. Website:
https://sjmap.org/mapdocs/FrontCounter_Expansive_Soils.pdf. Accessed April 1, 2023. 29 ENGEO Incorporated. June 20, 2022. Geotechnical Exploration. 30 City of Stockton. 2040 General Plan Update and Utility Master Plan Supplements Draft Environmental impact Report. Website:
http://www.stocktonca.gov/files/EnvisionStockton2040GP_DEIR.pdf. Accessed April 1, 2023.

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City of Stockton–South McKinley Avenue East Industrial Project Environmental Checklist and Initial Study/Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 79 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx region, lies roughly 40 miles west-southwest of the City and has a higher likelihood of have a large seismic event. However, the location of the project site well east of major earthquake faults creates a less than significant impact.
ii) Strong seismic ground shaking?
Less than significant impact. The nearest earthquake fault to the City is the Greenville Fault, located approximately 22 miles southwest of the City. As previous noted, the maximum forecasted earthquake on this fault is magnitude 6.0 and the probability of such a seismic event occurring by the year 2036 is approximately 3 percent.31 The Hayward Fault, a major earthquake fault in the San Francisco Bay region, lies roughly 40 miles west-southwest of the City and has a higher likelihood of have a large seismic event. However, the location of the project site well east of major earthquake faults would help reduce impacts related to ground shaking.32 An earthquake of moderate to high magnitude generated by the Great Valley fault could cause considerable ground shaking at the site. To mitigate the shaking effects, structures should be designed using the 2022 California Building Standards Code (CBC) requirements. 33 Specifically, the
proposed project would be required to comply with Title 24, Part 2 (CBC 3.7-20 Chapter 3: Setting, Impacts, and Mitigation Measures) of the CBC and the California Public Resources Code, Division 2, Chapter 7.8 (the Seismic Hazards Mapping Act), as well as applicable local regulations. This would ensure that the potential adverse impacts from seismic ground shaking are minimized. Therefore, impacts would be less than significant.
iii) Seismic-related ground failure, including liquefaction? Less than significant impact. ENGEO performed a liquefaction analysis to estimate the liquefaction susceptibility of the project site. The results indicated that there are potentially liquefiable soil layers below a depth of 37 feet and 50 feet at the project site. However, ENGEO concluded that, given the relative thickness of non-liquefiable surface soil, the risk of surface disruption is low. Therefore, the likelihood of substantial adverse effects to the project site due to seismically-triggered liquefaction is considered low and the impact caused by the proposed project would be less than significant. iv) Landslides?
Less than significant impact. Because of the relatively level topography throughout the City and at the project site, and lack of steep slopes, the probability of earthquake-induced landslides is very low. Furthermore, the CGS has not mapped any landslide hazard zones in the City or in its immediate vicinity.34 Therefore, impacts would be less than significant. 31 City of Stockton. 2040 General Plan Update and Utility Master Plan Supplements Draft Environmental impact Report. Website:
http://www.stocktonca.gov/files/EnvisionStockton2040GP_DEIR.pdf. Accessed April 1, 2023. 32 City of Stockton. 2040 General Plan Update and Utility Master Plan Supplements Draft Environmental impact Report. Website:
http://www.stocktonca.gov/files/EnvisionStockton2040GP_DEIR.pdf. Accessed April 1, 2023. 33 ENGEO Incorporated. June 20, 2022. Geotechnical Exploration. 34 City of Stockton. 2040 General Plan Update and Utility Master Plan Supplements Draft Environmental impact Report. Website:
http://www.stocktonca.gov/files/EnvisionStockton2040GP_DEIR.pdf. Accessed April 1, 2023.

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Environmental Checklist and City of Stockton–South McKinley Avenue East Industrial Project Environmental Evaluation Initial Study/Mitigated Negative Declaration 80 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx b) Result in substantial soil erosion or the loss of topsoil? Less than significant impact. The project site is currently vacant and undeveloped. The proposed project would require ground-disturbing activities such as grading, excavation, and other earthmoving activities prior to and during construction. These activities would expose surface soils to wind and precipitation, which could cause soil erosion and loss of topsoil if measures are not taken to prevent erosion and runoff during site construction. Projects that disturb one or more acres of soil are required to obtain the General Permit for Discharges of Stormwater Associated with Construction Activity (Construction General Permit), issues by the California State Water Resources Control Board (State Water Board). The Construction General Permit requires the development and implementation of a Storm Water Pollution Prevention Plan (SWPPP). The SWPPP must list BMPs the proposed project would implement to control erosion and prevent the conveyance of sediments offsite.

The proposed project would comply with the CBC and with required erosion control measures including those outlined in Stockton Municipal Code Chapter 15.48 Grading and Erosion Control.

Compliance with the CBC and Municipal Code would ensure that the proposed project would not result in substantial erosion or loss of topsoil. With the implementation of the conditions of the Construction General Permit as well as compliance with the CBC and Municipal Code, erosion impacts resulting from project construction would remain less than significant. c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse?
No impact. As discussed in Impact 2.7(a)(iii) and 2.7(a)(iv), the proposed project would not result in risks associated with seismically induced liquefaction or from landslides.

Lateral spreading is a failure within a nearly horizontal soil zone (possibly due to liquefaction) that causes the overlying soil mass to move toward a free face or down a gentle slope. Since groundwater is on the order of 26 feet below the surface it is our opinion that the potential for lateral spreading is negligible.35 Furthermore, the Geotechnical Investigation concluded, based on topographic and lithologic data, that the risk of subsidence is considered low to negligible at the site. Compliance with the CBC, which requires that a site-specific ground motion study be performed in accordance with Section 11.4.8 of American Society of Civil Engineers (ASCE) 7-16, would ensure that the soil would be stable. There would be no impacts.
c) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property? Less than significant with mitigation incorporated. The Geotechnical Exploration concluded that there are potentially expansive soils near the surface of the project site. These soils exhibit moderate to high shrink/swell potential. Expansive soils can change dramatically in volume depending on 35 ENGEO Incorporated. June 20, 2022. Geotechnical Exploration.

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City of Stockton–South McKinley Avenue East Industrial Project Environmental Checklist and Initial Study/Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 81 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx moisture content. It can shrink or swell and cause heaving and cracking of slabs-on-grade, pavements, and structures founded on shallow foundations.

The Geotechnical Exploration recommends several methods to reduce damage to structures resulting from volume changes associated with expansive soil. These recommendations are included as MM GEO-1. Compliance with existing State and local laws and regulations, such as the CBC and the City’s Municipal Code, and the City’s grading and building permit process, would further ensure that the impacts associated with development on expansive soil are minimized to the maximum extent possible. Consequently, the overall impact from implementation of the proposed project as it relates to this hazard would be less than significant with mitigation incorporated. e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? No impact. The proposed project would connect to an existing wastewater facility and sanitary sewer system and, therefore, would not use septic tanks or alternative wastewater disposal systems.

No septic tanks or alternative wastewater disposal systems are proposed. Therefore, no impacts would occur as a result of the capacity of the soils on the project site to support septic tanks or alternative wastewater disposal systems.
f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?
Less than significant with mitigation incorporated. Paleontological records search results were provided by Dr. Kenneth L. Finger, PhD through the University of California Museum of Paleontology (UCMP) database Natural History Museum (Appendix D). The purpose of the paleontological records search was to determine whether the presence of known paleontological resources exist within the project site or within a 0.5-mile radius of the project site. The results of the records search indicated that the project site is located on Pleistocene Modesto Formation (Qm), a sedimentary unit with the potential to yield significant paleontological resources. The records search reveals that the Modesto Formation has a high sensitivity but low paleontological potential for significant paleontological resources. Because the proposed project would require ground-disturbing activities such as grading and excavation on previously undisturbed soils, the potential exists for previously unknown paleontological resources to be uncovered during excavations of the project site. As such, paleontological monitoring of all subsurface construction activities in the Modesto Formation is recommended. This is included as MM GEO-2. With incorporation of MM GEO-2, impacts would be less than significant.

Mitigation Measures
MM GEO-1 The proposed project shall adhere to the site preparation, grading, foundation support, earthwork, and other recommendations of the Geotechnical Exploration for the project site prepared by ENGEO Incorporated on June 20, 2022.

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Environmental Checklist and City of Stockton–South McKinley Avenue East Industrial Project Environmental Evaluation Initial Study/Mitigated Negative Declaration 82 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx MM GEO-2 All construction-related earth-disturbing activities that would impact previously undisturbed sediments on the project site shall be monitored closely by a qualified Paleontologist to recover any fossil remains discovered quickly and professionally while not impeding development. Should any significant paleontological resources (e.g., bones, teeth,) be unearthed, all construction activities shall be diverted at least 15 feet from the find until a professional Paleontologist has assessed it and, if deemed significant, salvaged the fossil(s) in a timely manner. Collected fossils shall be deposited in an appropriate repository, such as the University of California Museum of Paleontology (UCMP), where they would be properly curated and made available for future research.

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City of Stockton–South McKinley Avenue East Industrial Project Environmental Checklist and Initial Study/Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 83 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx Environmental Issues
Potentially
Significant
Impact
Less than
Significant
Impact with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact

2.8 Greenhouse Gas Emissions
Would the project:
a) Generate greenhouse gas emissions, either directly
or indirectly, that may have a significant impact on
the environment?
b) Conflict with any applicable plan, policy or regulation adopted for the purpose of reducing the emissions
of greenhouse gases?
Environmental Evaluation
The analysis in this section is based, in part, on the Air Quality, GHG Emissions, and Energy Report prepared by FCS, which is included as Appendix A.

Setting
Since the City of Stockton does not currently have a qualified GHG Reduction Plan, and the SJVAPCD’s other pathways for determining significance are not appropriate, this Greenhouse Gas Impact Analysis will rely on the CEQA Guidelines directly for determining significance of the proposed project with respect to GHG impacts.

The CEQA Guidelines define a significant effect on the environment as “a substantial, or potentially substantial, adverse change in the environment.” To determine whether a project would have a significant impact on GHGs, the type, level, and impact of emissions generated by the proposed project must be evaluated.

City of Stockton General Plan and General Plan EIR
The following policies from the Community Health, Transportation Strategies and Safe Community elements of the City’s General Plan, Envision Stockton 204036 are relevant to the control of GHG emissions from the proposed project. There are no General Plan EIR GHG measures directly applicable to development projects. It is noted that several policies and actions related to Air Quality, as shown in Section 2.4.3, Local Setting, are also repeated here for GHG. This overlapping applicability stems from strategies which target emissions criteria pollutants (such as NOX and DPM) from the combustion of fossil fuels but which also have co-benefits of reducing GHG emissions of CO2.
36 City of Stockton. 2022. Envision Stockton 2040 General Plan. December 4.

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Environmental Checklist and City of Stockton–South McKinley Avenue East Industrial Project Environmental Evaluation Initial Study/Mitigated Negative Declaration 84 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx City Policies and Actions encourage the development of EV infrastructure, building energy efficiency and green building practices, and programs to facilitate ride sharing and practices that reduce vehicle use.

Action CH-5.1B Maintain and implement the City of Stockton Climate Action Plan (CAP) and update the CAP to include the following:
• Updated Community-wide GHG Emissions Inventory,
• 2030 GHG Emissions reduction target, consistent with SB 32, • Estimated 2030 GHG emission reduction benefits of States programs, • Summary of the City’s progress toward the 2020 local GHG emissions reduction target,
• New and/or revised GHG reduction strategies that, when quantified, achieve the 2030 reduction target, and continue emission reductions beyond 2030, and • New or updated implementation plan for the CAP.

Policy TR-3.2 Require new development and transportation projects to reduce travel demand and greenhouse gas emissions, support electric vehicle charging, and accommodate multi-passenger autonomous vehicle travel as much as feasible.

Action TR-3.2A Amend the parking requirements in the Development Code to encourage shared parking, require preferential parking for rideshare vehicles, and allow reduced parking requirements to support transit, bicycling, and walking.

Action TR-3.2B Require commercial, retail, office, industrial, and multifamily residential development to provide charging stations and prioritized parking for electric and alternative fuel vehicles.

Policy LU-5.4 Require water and energy conservation and efficiency in both new construction and retrofits.

Action LU-5.4A Require all new development, including major rehabilitation, renovation, and redevelopment, to adopt best management practices for water use efficiency and demonstrate specific water conservation measures.

Action LU-5.4B Require all new development, including major rehabilitation, renovation, and redevelopment, to incorporate feasible and appropriate energy conservation and green building practices, such as building orientation and shading, landscaping, and the use of active and passive solar heating and water systems.

Policy SAF-4.1 Reduce air impacts from mobile and stationary sources of air pollution.

Action SAF-4.1A Require the construction and operation of new development to implement best practices that reduce air pollutant emissions, including:

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City of Stockton–South McKinley Avenue East Industrial Project Environmental Checklist and Initial Study/Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 85 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx • Use of low-emission and well-maintained construction equipment, with idling time limits.
• Development and implementation of a dust control plan during construction. • Installation of electrical service connections at loading docks, where appropriate.
• Installation of Energy Star-certified appliances.
• Entering into Voluntary Emissions Reduction Agreements with the San Joaquin Valley Air Pollution Control District.

Action SAF-4.1C Limit heavy-duty off-road equipment idling time to meet the California Air Resources Board’s idling regulations for on-road trucks.

Policy SAF-4.2 Encourage major employers to participate in a Transportation Demand Management (TDM) program that reduces vehicle trips through approaches such as carpooling, vanpooling, shuttles, car-sharing, bike-sharing, end-of-trip facilities like showers and bicycle parking, subscription bus service, transit subsidies, preferential parking, and telecommuting.

Measures specifically applicable to industrial facilities and warehouse include provisions for reducing emissions during construction, as well as design features specific to warehouses such as the electrification of docks. Provisions for electrification of docks eliminate emissions immediately for facilities that have trucks with TRUs. Provisions for future electrification paves the way for the phasein of ZEV trucks, replacing diesel trucks which are currently a large portion of GHG emissions in the State.

City of Stockton Climate Action Plan
The City of Stockton adopted a CAP in August 2014 for the development and implementation of policies and programs to reduce GHG emissions within the City. The primary purpose of the CAP was to complete an inventory of GHG emissions associated with community activity and recommend strategies to reduce GHG emissions.
37 The CAP is based on the directives of AB 32 also known as the Global Warming Solutions Act of 2006, a Statewide reduction goal to reduce GHG emissions levels back to 1990 levels by the year 2020.

While the City has set forth goals Action CH-5.1B to update community-wide GHG emission inventory, create 2030 GHG emission reduction targets and strategies consistent with SB32, and update and maintain its CAP, this work is still in progress (as of April 2023).

Would the project:
a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment?
37 City of Stockton. 2022. 2014 Climate Action Plan. August.

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Less than significant impact with mitigation. The proposed project’s GHG emissions impact determination is based on the extent to which the project complies with regulations or requirements adopted to implement a Statewide, regional, or local plan for the reduction or mitigation of GHG emissions. Implementation of the proposed project would contribute to global climate change through direct emissions of GHG from on-site area sources and vehicle trips generated by the proposed project, and indirectly through off-site energy production required for on-site activities, water use, and waste disposal.

GHG Emissions from Project
Table 8 and Table 9 present the proposed project’s GHG emissions, as predicted using CalEEMod, for informational purposes. These emissions are provided to show (1) the magnitude of the proposed project’s GHG emissions relative to overall local and regional levels, and (2) the breakdown of emissions from the project by category (e.g., mobile, stationary source, building electrical energy, building natural gas etc.). The results were obtained using CalEEMod default values for various sectors and do not capture nuanced emission reductions due to the project’s waste reduction measures, water conservation, or improvements in energy efficiency beyond the Title 24 2022 standards since these are not included in the CalEEMod emission model. Moreover, many assumptions used in the modeling such as the operational testing hours for the emergency fire pump, or the air conditioning and heating requirements for the warehouse are also extremely conservative and likely to overestimate the GHG burden of the proposed project.

Modeling for transportation and VMT for calculation of carbon dioxide equivalent (CO2e) were based on the proposed project’s unmitigated emissions using CalEEMod defaults. VMT reductions from Transportation Demand Measures may result in up to a 38 percent reduction in VMT.38 The greatest reductions would be due to the project’s accessibility to the airport, other major industrial centers and its proximity to downtown Stockton and the Port of Stockton, and from a required Commuter Trip Reduction (CTR) Program. The proposed project would implement multiple strategies aimed at reducing drive-alone travel and encouraging alternative modes of transportation.

Construction Emissions
Total GHG emissions generated during all phases of construction were combined and are presented in Table 8. The SJVAPCD does not recommend assessing the significance of construction-related emissions. However, other jurisdictions, such as the South Coast Air Quality Management District (South Coast AQMD) and the Sacramento Metropolitan Air Quality Management District (Sacramento Metro AQMD), have concluded that construction emissions should be included since they may remain in the atmosphere for years after construction is complete. The total emissions generated from construction were therefore amortized over the life of the development (30 years) and this annualized value was added to the operational emissions. Table 8 presents the amount of GHG emissions during construction.
38 Advanced Mobility Group. 2022. Traffic Impact Study for Industrial Development @ 6505 South McKinley Avenue East, Stockton, California. March.

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Construction Year Total MT CO2e per year
2024 362
Amortized over 30 years 12
Notes:

Because of rounding, total MT CO2e may be marginally different from CalEEMod output.

MT CO2e = metric tons of carbon dioxide equivalents
Source: CalEEMod output (Appendix A).

Operational Emissions
Operational or long-term emissions occur over the life of the project. Sources of emissions may include motor vehicles and trucks, energy usage, water usage, waste generation and area sources, such as landscaping activities.

Reported operational emissions are considered to represent unmitigated project conditions. Many project design features such as those related to water-efficient landscape ordinances, updated 2022 Energy and 2022 California Green Building Standards Code (CALGreen) would reduce GHG emissions to levels below the estimates in CalEEMod, as quantitative inputs for these updated operational assumptions are not included within its database yet. The operational run incorporates mitigation measures related to ZEV material handling equipment at the facility and off-road operational equipment (e.g., battery electric vehicle [BEV] forklifts) are zero. Project VMT reductions from TDM reductions of 39 percent were estimated for the proposed project based on VMT and with these mitigation measures, VMT was less than significant. Thus, the contribution of GHG emissions with respect to the project’s VMT would not be considered significant.

Full assumptions and model outputs are provided in Appendix A and results of this analysis for 2025 (the first full year of proposed project operations) are presented in Table 9.

Table 9: Unmitigated Project Operational Greenhouse Gases 2025 Source
Emissions (MT CO2e per year)
2025 % of Total
Area (Landscaping) 2.7 0.2%
Energy–Natural Gas 61 4.1%
Energy–Electrical 198 13.5%
Mobile 1,068 72.6%
Solid Waste 54 4.8%
Water/Wastewater 71 0.3%
Stationary 5 0.8%
Amortized Construction Emissions 12 0.2%
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Emissions (MT CO2e per year)
2025 % of Total
Total 1,472 100
Notes:

MT CO2e = metric tons of carbon dioxide equivalent
Source of 2022 emissions: CalEEMod output (Appendix A).

It should be noted that MM GHG-1 for ZEV material handling equipment was included in the model and no emissions were predicted for forklifts. The project’s reduction of GHG emissions from this sector is ahead of any State or local regulatory mandate and would be considered a reduction from business-as-usual in a quantitative GHG emissions analysis. A warehouse of 179,000 square feet could have, on average, 22 forklifts in operation39 (each utilizing one 8-gallon LPG tank per day, 250 working days per year for an estimated emissions impact of 11.5 MT per year CO2 per forklift). The project’s commitment to BEV forklifts, therefore, represents an emission reduction of approximately 250 MT CO2e per year.

Best Management Practices for Warehouses
There are several resources outlining BMPs for warehouses, including the California Office of the Attorney Generals Guidance for Best Practices to comply with CEQA40 and the ARB Concept Paper for the Freight Handbook.
41 There is considerable commonality among the various guidance documents, which urge facilities to commit to investments in zero-emission infrastructure at the project design stage; deploy zero-emission technologies and to incorporate contractual language requiring tenants to utilize zero-emission technologies to the maximum extent possible.

Design features and best management strategies, to minimize and reduce GHG from the project include:
• Provisions for all ZEV material handling equipment (e.g., forklifts and pallet jacks). • Use to be restricted to dry storage.
• Use of compliant Low-Global Warming Potential (GWP) Refrigerants. • Warehouse building to be equipped with solar-ready rooftop infrastructure. • Heat pump for space Conditioning in Single-Zoned Office Spaces (Title 24 Part 6 § 140.4(a).2.). • Water-Efficient Landscaping.
• Low-Flow water fixtures.
• Energy-Efficient light-emitting-diode (LED) Lighting. • Electrical Infrastructure to support ZEV Material Handling equipment. 39 South Coast Air Quality Management District (South Coast AQMD). 2014. High-Cube Warehouse Trip Rate Study for Air Quality Analysis. Website: https://www.aqmd.gov/home/rules-compliance/ceqa/air-quality-analysis-handbook/high-cube-warehouse.

Accessed March 19, 2023. 40 California Office of the Attorney General. 2022. Warehouse Projects: Best Practices and Mitigation Measures to Comply with the California Environmental Quality Act. Website: https://oag.ca.gov/system/files/media/warehouse-best-practices.pdf. Accessed March 19, 2023. 41 California Air Resources Board (ARB). 2020. California Sustainable Freight Initiative: Concept Paper for the Freight Handbook.

Website: https://ww2.arb.ca.gov/resources/documents/concept-paper-freight-handbook. Accessed March 18, 2023.

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Consistency with Local GHG Reduction Plans
The City of Stockton has a CAP that was published in 2014. The CAP addresses the goals of AB 32 and a reduction plan for 2020 goals. As such, it does not address post-2020 reductions required by Senate Bill (SB) 32 and AB 1279 that would put City emissions on trajectories for year 2030 and 2045 goals. However, the City, as part of its General Plan has both a Policy and Action Plan (CH-5.1B) that provides for an update of the previous plan and the development of new goals and reductions measures to address the SB 32 2030 target. However, the updated plan is not available at the time of this analysis was prepared (April 2023).

Consistency with 2017 and 2022 Scoping Plans
A project comparison for consistency with measures for the 2017 and 2022 Scoping Plan updates addresses alignment with the State’s planning goals and milestones under SB 32 and AB 1279, respectively.

An evaluation of the proposed project’s consistency with the Scoping Plan serves as a roadmap for evaluating a project’s current design, and to determine whether it complies with current policies and is in compliance with planned reduction measures for GHG emissions. The comparison of a project design to Scoping Plan proposals is not by itself a metric for determining project-level significance, but a step in showing how the project supports current regulations and is aligned with future GHG reduction strategies in development stages. The proposed project would comply with all regulations adopted in furtherance of the Scoping Plan to the extent required by law and to the extent that they are applicable to the proposed project.

Table 10 and Table 11 summarize the measures included 2017 and 2022 Scoping Plans, respectively, and analyzes project consistency compared to these elements.

Table 10: Proposed Project Consistency with 2017 Scoping Plan Greenhouse Gas Emission Reduction Strategies
Scoping Plan Measure Project Consistency
SB 350 50 percent Renewable Mandate. Utilities
subject to the legislation will be required to increase their renewable energy mix from 33 percent in 2020
to 50 percent in 2030.

Not applicable. This measure would apply to utilities
and not to individual development projects. The
proposed project would purchase electricity from a
utility subject to the SB 350 Renewable Mandate and
the Renewables Portfolio Standard (RPS)
requirements. SB 100 has increased the 2030 RPS
standards to 60 percent by 2030, superseding the
increase required by SB 350.

SB 350 Double Building Energy Efficiency by 2030.

This is equivalent to a 20 percent reduction from
2014 building energy usage compared to current
projected 2030 levels.

Not applicable. This measure applies to existing
buildings. New structures are required to comply with
Title 24 Energy Efficiency Standards that are expected
to increase in stringency over time. The proposed
project would comply with the applicable Title 24
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Energy Efficiency Standards in effect at the time
building permits are received.

Low Carbon Fuel Standard. This measure requires
fuel providers to meet an 18 percent reduction in
carbon content by 2030.

Not applicable. This is a Statewide measure that
cannot be implemented by a project applicant or lead
agency. However, vehicles accessing the project site
would benefit from the standards.

Mobile Source Strategy (Cleaner Technology and
Fuels Scenario). Vehicle manufacturers will be
required to meet existing regulations mandated by
the LEV III and Heavy‐Duty Vehicle programs. The
strategy includes a goal of having 4.2 million ZEVs on
the road by 2030 and increasing numbers of ZEV
trucks and buses.

Consistent with mitigation. The proposed project is
industrial in nature and would support truck and
freight operations. It is expected that deliveries
throughout the State would be made with an
increasing number of ZEV delivery trucks, including
trips that would be coming to and from the project
site. The proposed project would not inhibit the
Mobile Source Strategy because the implementation
of MM GHG-1f would require the project applicant to
include infrastructure for electric vehicle charging
stations, into a minimum of 20 percent of all vehicle
parking spaces (including parking for trucks),
consistent with the applicable California Green
Building Standards Code Tier 1 Nonresidential
Mandatory Measure. As such, future ZEVs could
access the project site to charge batteries as part of
normal goods delivery operations.

Sustainable Freight Action Plan. The plan’s target is
to improve freight system efficiency 25 percent by
increasing the value of goods and services produced
from the freight sector, relative to the amount of
carbon that it produces by 2030. This would be
achieved by deploying over 100,000 freight vehicles
and equipment capable of zero-emission operation
and maximize near‐zero-emission freight vehicles and
equipment powered by renewable energy by 2030.

Consistent with mitigation. This measure applies to
owners and operators of trucks and freight
operations. The proposed project is industrial in
nature and would support truck and freight
operations. The proposed project would implement
MMs GHG-1a-c and GHG1-f, which would require the
project applicant to include infrastructure for electric vehicle charging stations, including for trucks, into a minimum of 20 percent of all vehicle parking spaces
(including parking for trucks), consistent with the
applicable California Green Building Standards Code
Tier 1 Nonresidential Mandatory Measure.

Additionally, MMs GHG-1a and GHG-1b would
require (1) that all on-site off-road and on-road
service equipment be zero-emission or all electric and
(2) that all project buildings would be designed to
support the use of zero-emission or all electric service equipment. These measures would support the
sustainable Freight Action Plan by providing electric
vehicle charging infrastructure and zero-emission
support equipment.

Short‐Lived Climate Pollutant (SLCP) Reduction
Strategy. The strategy requires the reduction of
SLCPs by 40 percent from 2013 levels by 2030 and
the reduction of black carbon by 50 percent from
2013 levels by 2030.

Consistent. The proposed project would not include
major sources of black carbon. This measure revolves
around ARB’s SLCP Reduction Strategy that was
released in April 2016 as a result of SB 650. SB 650
required the State to develop a strategy to reduce
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emissions of SLCPs. DPM reductions have come from
strong efforts to reduce on-road vehicle emissions.

Car and truck engines used to be the largest sources
of anthropogenic black carbon emissions in
California, but the State’s existing air quality policies will virtually eliminate black carbon emissions from
on-road diesel engines within 10 years. These policies
are based on existing technologies.

SB 375 Sustainable Communities Strategies.

Requires Regional Transportation Plans to include a
sustainable communities strategy for reduction of per
capita vehicle miles traveled.

Not applicable. The proposed project does not
include the development of a Regional
Transportation Plan.

Post‐2020 Cap‐and‐Trade Program. The Post 2020
Cap‐and‐Trade Program continues the existing
program for another 10 years. The Cap‐and‐Trade
Program applies to large industrial sources such as
power plants, refineries, and cement manufacturers.

Not applicable. The proposed project is not one
targeted by the cap-and-trade system regulations,
and, therefore, this measure does not apply to the
project. However, the post-2020 Cap-and-Trade
Program indirectly affects people and entities who
use the products and services produced by the
regulated industrial sources when increased cost of
products or services (such as electricity and fuel) are transferred to the consumers.

Natural and Working Lands Action Plan. The ARB is
working in coordination with several other agencies
at the federal, State, and local levels, stakeholders,
and with the public, to develop measures as outlined
in the Scoping Plan Update and the Governor’s
Executive Order B‐30‐15 to reduce GHG emissions
and to cultivate net carbon sequestration potential
for California’s natural and working land.

Not applicable. The project site is in a built up urban area and would not be considered natural or working
lands.

Source: California Air Resources Board (ARB). 2017. California’s 2017 Climate Change Scoping Plan. November.

Table 11: Proposed Project Consistency with 2022 Scoping Plan Greenhouse Gas Emission Reduction Strategies
Scoring Plan Measure Project Consistency
Light-Duty Vehicles: Smart Growth/Reduce Vehicle
Miles Traveled. VMT per capita reduced 25 percent
below 2019 levels by 2030, and 30 percent below
2019 levels by 2045.

Consistent. VMT impacts for the proposed project are
less than significant and the project demonstrates a
39 percent reduction in VMT from TDM measures as
quantified by CAPCOA methods (2009).

Deploy ZEVs. Medium Heavy and Heavy Heavy-Duty
Trucks. This measure is supported by Executive
Order N79-20 and plans in the AB 74 ITS Report: 100
percent of MD/HDV sales are ZEV by 2040.

Consistent. Medium heavy and heavy heavy-duty
trucks would be compliant with truck Fuel Economy
Standards: California Phase II GHG Standards and
would transition to ZEV by 2045. Infrastructure for the proposed project would be designed to support this
transition to ZEV.

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The Scoping Plan does not rely upon on VMT
reductions from the freight and truck transportation
sector.

Decarbonize buildings. All electric appliances
beginning 2026 (residential) and 2029 (commercial),
contributing to 6 million heat pumps installed
Statewide by 2030.

Consistent. The proposed project is consistent with
the AB 197 commercial timeline. Consistent with
decarbonization strategies, the warehouse building
proposed as part of the project would be equipped
with solar-ready rooftop infrastructure.

Low Carbon Fuels for Transportation. Biomass
supply is used to produce conventional and
advanced biofuels, as well as hydrogen.

Consistent with mitigation. Off-road construction
equipment would utilize renewable diesel in
compliance with the In-Use Off-Road Rule. On-road
diesel trucks would also utilize these fuels consistent with the Low Carbon Fuel Standard (LCFS). The
proposed project would implement MMs GHG-1a-c
and GHG1-f, which would require the project
applicant to include infrastructure for electric vehicle charging stations, including for trucks, into a minimum of 20 percent of all vehicle parking spaces (including
parking for trucks), consistent with the applicable
CALGreen Tier 1 Nonresidential Mandatory Measure.

Additionally, MMs GHG-1a and GHG-1b would require
(1) that all on-site off-road and on-road service
equipment be zero-emission or all electric and (2) that all project buildings would be designed to support the
use of zero-emission or all electric service equipment.

These measures would support the sustainable Freight
Action Plan by providing electric vehicle charging
infrastructure and zero-emission support equipment.

Low Carbon Fuels for Fuels for Buildings and
Industry. In 2030s renewable natural gas (RNG)
blended in pipeline, ramping up to 2040. Dedicated
hydrogen pipelines constructed to serve certain
industrial clusters.

Consistent. The proposed design of the building
would not provide natural gas connections; therefore,
it is not anticipated that the proposed project would
utilize natural gas. Natural gas, if it were to be utilized by the proposed project, would contain this RNG
blend as implemented by the Scoping Plan and the
energy providers.

Coordinate supply of liquid fossil fuels with
declining CA fuel demand. Phase-out oil and gas
extraction operations by 2045. Carbon Capture and
Sequestration (CCS) on majority of petroleum
refining operations by 2030. Interim goals are to
reduce petroleum production reduced in line with its
demand.

Not applicable. The proposed project is not related to
the petroleum industry.

Generate clean electricity. Electric sector GHG target
of 38 MMTCO2e in 2030 and 31 MMTCO2e7 in 2045.

This GHG target is determined to meet the loads
associated with the scenario and corresponds to
meeting the 2021 SB 100 Joint Agency Report’s 100
percent of retail sales with eligible renewable and
zero-carbon resources definition.

Not applicable. The proposed project would benefit
indirectly from these goals; however, there are no
actions related to the proposed project itself.

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Decarbonize industrial energy supply. Electrification
goals by industry sector specific to Food Industry,
Agriculture, and Chemical and Allied Products and
Pulp and Paper Industry for milestone years 2030
and 2045. Other Industrial Manufacturing: 0 percent
energy electrified by 2030 and 50 percent by 2045.

Construction Equipment: 25 percent energy demand
electrified by 2030 and 75 percent by 2045.

Retire all combined heat and power facilities by
2040.

Consistent with mitigation. Construction equipment
used for the proposed project would comply with ARB
off-road regulations meeting milestones for
electrification as required by regulations as
promulgated. Starting in 2024, amendments to the
off-road In-Use Diesel Rule require use of renewable
diesel consistent with the 2022 Scoping Plan and
implementing the LCFS. The proposed design of the
building would not provide natural gas connections.

Reduce non-combustion emissions. This involves
two strategies targeting methane and
hydrofluorocarbon (HFCs).
• Increase capture of methane and from landfill and
dairy digester and from the oil and gas
infrastructure components.
• Introduction of Low GWP refrigerants introduced
as building electrification increases mitigating HFC
emissions.

Consistent. The proposed project would use low GWP
refrigerants consistent with current California
Significant New Alternatives Policy (SNAP) regulations.

Compensate for remaining emissions. This measure
uses Carbon Dioxide Removal (CDR) to compensate
for remaining emissions.

Not applicable. This measure relates to remaining
emissions and is not applicable at the individual
project level.

Source: California Air Resources Board (ARB). 2022. Scoping Plan for Achieving Carbon Neutrality. November.

Given that the proposed project would incorporate MM GHG-1a through MM GHG-1f and would be consistent with all current regulatory requirements as well as SB 32 and AB 1279 planning measures as outlined in the ARB 2017 and 2022 Scoping Plan updates, GHG impacts associated with the proposed project would be less than significant with mitigation.

Considering the proposed project’s design features, the requirement to incorporate MM GHG-1a through MM GHG-1f, and the progress being made by the State toward reducing emissions in key sectors such as transportation, industry, and electricity, the proposed project would be consistent with State GHG Plans and would further the State’s goals of reducing GHG emissions 40 percent below 1990 levels by 2030, and 80 percent below 1990 levels by 2050, and does not obstruct their attainment. Therefore, with mitigation, GHG emissions would result in a less than significant impact.

Impacts for GHG would be less than significant with implementation of MM GHG-1a though MM GHG-1f.

Mitigation Measures
MM GHG-1a All buildings shall be designed to provide infrastructure to support use of electricpowered forklifts and/or other interior vehicles.

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MM GHG-1c All landscaping equipment used at the facility shall be electric or battery powered.

The design of the building should provide for outlets on the outside of buildings or in other accessible areas to facilitate the use of electrically powered landscape equipment.

MM GHG-1d All buildings shall be designed to facilitate future retrofit of all current natural gas systems and appliances to electric replacements.

MM GHG-1e The warehouse use will be limited to dry storage.

MM GHG-1f Prior to the issuance of a building permit, the Community Development Department, Planning Division shall confirm that the Project is designed to include the following:

The buildings’ electrical room shall be sufficiently sized to hold additional panels that may be needed to supply power for the future installation of electric vehicle (EV) truck charging stations on the site. Conduit should be installed from the electrical room to tractor trailer parking spaces in a logical location(s) on the site determined by the project applicant during construction document plan check, for the purpose of accommodating the future installation of EV truck charging stations at such time this technology becomes commercially available and the buildings are being served by trucks with electric-powered engines.

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Potentially
Significant
Impact
Less than
Significant
Impact with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact

2.9 Hazards and Hazardous Materials
Would the project:
a) Create a significant hazard to the public or the
environment through the routine transport, use, or
disposal of hazardous materials?
b) Create a significant hazard to the public or the
environment through reasonably foreseeable upset
and accident conditions involving the release of
hazardous materials into the environment?
c) Emit hazardous emissions or handle hazardous or
acutely hazardous materials, substances, or waste
within one-quarter mile of an existing or proposed
school?
d) Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a result,
would it create a significant hazard to the public or
the environment?
e) For a project located within an airport land use plan or, where such a plan has not been adopted, within
two miles of a public airport or public use airport,
would the project result in a safety hazard or
excessive noise for people residing or working in the
project area?
f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency
evacuation plan?
g) Expose people or structures, either directly or
indirectly to a significant risk of loss, injury or death involving wildland fires?
Environmental Evaluation
Setting
Hazards analyzed in this section include hazardous materials, wildfires, and hazards based on proximity to airport and airstrip operations. Hazardous materials, as defined by the California Code of Regulations, are substances with certain physical properties that could pose a substantial present or future hazard to human health or the environment when improperly handled, disposed of, or otherwise managed.

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The criteria that define a material as hazardous also define a waste as hazardous. If improperly handled, hazardous materials and hazardous waste can result in public health hazards if released into the soil or groundwater or through airborne releases in vapors, fumes, or dust. Soil and groundwater that have concentrations of hazardous constituents higher than specific regulatory levels must be handled and disposed of as hazardous waste when excavated or pumped from an aquifer. The California Code of Regulations, Title 22, Sections 66261.20–24 contain technical descriptions of toxic characteristics that could cause soil or groundwater to be classified as hazardous waste.

The analysis of potential hazardous material impacts relies primarily upon a Phase I Environmental Site Assessment (Phase I ESA) prepared by Terracon Consultants, Inc. on April 18, 2022, included in this report as Appendix E. The Phase I ESA identified a 300-gallon aboveground storage tank (AST), but determined that this does not represent an REC (recognized environmental site condition) (defined below) to the project site. Trash piles and concrete debris piles were discovered on-site and were identified as recognized environmental site conditions.

The project site has consisted of French Camp Slough in the northern portion of the site and vacant land in the mid-1910s. By the mid-1930s through the early 1950s the site consisted of French Camp Slough in the northern portion of the site and row crops. Apparent row crops continued on the site from the late 1950s through the early 1980s. The site has remained vacant from the mid-1980s to the present.

Would the project:
a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials?
Less than significant impact. Construction activities would potentially require the routine transport, use, and disposal of small amounts of hazardous materials such as diesel fuels, lubricants, paints, asphalt, and solvents, which are required during construction. Handling and transportation of these materials could result in the exposure of workers or residents to hazardous materials. Project operation may include the storage of some hazardous materials in the form of typical household cleaning products. During construction and operation, the proposed project would be required to comply with all applicable local, State, and federal safety codes and regulations related to transporting, using, or disposing hazardous materials, including Resource Conservation and Recovery Act; Comprehensive Environmental Response, Compensation, and Liability Act; federal Clean Air Act; and the Occupational Safety and Health Administration (OSHA) that regulates worker safety hazards.

Construction activities that involve hazardous materials would be governed by several agencies, including California Environmental Protection Agency (Cal/EPA), the California Department of Transportation (Caltrans), California Division of Occupational Safety and Health (Cal/OSHA), California Department of Toxic Substances Control (DTSC), Sonoma County Department of Health Services-Environmental Health & Safety Division, as well as applicable local regulations. Compliance with the provisions of these agencies would ensure that the routine transport, use, or disposal of hazardous materials does not create a significant hazard to the public. Therefore, impacts would be less than significant.

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City of Stockton–South McKinley Avenue East Industrial Project Environmental Checklist and Initial Study/Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 97 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Less than significant with mitigation incorporated. An REC is defined by American Society for Testing Materials (ASTM) Standard Practice E1527-21 as the presence or likely presence of any hazardous substances or petroleum products in, on, or at a property: (1) due to a release to the environment; (2) under conditions indicative of a release to the environment; or (3) under conditions that pose a material threat of a future release to the environment.

As described above, the project site was used for agricultural purposes from the mid-1930s through the mid-1980s. Most currently used agricultural chemicals do not persist for extended periods of time in the environment if applied appropriately; however, some agricultural chemicals can persist in the environment, especially if misapplied. The application of pesticides to agricultural fields can leave trace amounts of the compounds in the soil that may accumulate overtime due to long-term applications. The site’s long-term agricultural use (~50 years) represents a REC to the site.

During the site reconnaissance, Terracon observed one approximately 300-gallon AST on the southwestern portion of the site. Terracon inspected the inside of the AST and observed water inside the tank. Staining, noxious odors, or evidence of a release was not observed in the vicinity of the observed AST. Based on the site observations, the AST does not represent a REC to the site.

During the site reconnaissance, Terracon observed trash piles, consisting of typical municipal litter, used tires, car parts, plastic, wood, concrete, abandoned vehicles, were observed on the northern portion of the site. Staining, noxious odors, or evidence of hazardous materials disposal were not observed. Based on-site observations, the debris materials did not appear to be hazardous in nature and do not represent a REC.

During the site reconnaissance, soil and concrete debris piles were observed on the northern portion of the site. Based on unknown origins of the soil and concrete debris piles, the debris represents a REC to the site.

Based on the scope of services, limitations, and conclusions of this assessment, Terracon recommends further investigation, which is included as MM HAZ-1. With incorporation of MM HAZ1, including subsequent testing and completion of any required remediation, impacts would be less than significant.
c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? Less than significant impact. The French Camp Elementary School is located approximately 0.21 mile south the project site. The proposed project consists of the construction of a warehouse building and associated office space. The tenant for the building has not been identified. Because of the nature of the proposed project, it is not likely that hazardous or acutely hazardous materials, substances, or waste would be emitted from the project. Therefore, the proposed project would not emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within 0.25 mile of an existing or proposed school. Impacts would be less than significant.

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Environmental Checklist and City of Stockton–South McKinley Avenue East Industrial Project Environmental Evaluation Initial Study/Mitigated Negative Declaration 98 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment?
No impact. As part of the Phase I ESA, Terracon reviewed selected federal and State environmental regulatory databases. The site was not identified on the environmental regulatory databases. The surrounding properties listed in the database report appended to the Phase I ESA do not appear to represent RECs to the site at this time based upon regulatory status, apparent topographic gradient, and/or distance from the site. Therefore, no impact would occur. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area? Less than significant impact. The Stockton Metropolitan Airport is located approximately 1 mile east of the project site. According to the Airport Land Use Compatibility Plan (ALUCP) for the Environs of the Stockton Metropolitan Airport, the project site is located within the Airport Influence Area.42 Noise exposure contours were prepared in October 2017 to depict long range average annual noise exposure conditions. The project site is not located within the 2038 long range Community Noise Equivalent Level (CNEL) noise exposure contours of 60 CNEL or higher.43 In addition to the cumulative noise metric, CNEL, a single event noise contour was also modeled. A commonly used method for determining the potential impact of single events on residential areas is to use sleep disturbance. The Federal Interagency Committee on Aviation Noise (FICAN) recommends using a 10 percent awakening value associated with indoor sound exposure levels (SEL) of 80 decibels (dB). Exhibit 2G in the ALUCP illustrates the FICAN data collected regarding sleep disturbance. The project site is not located within the SEL Noise Exposure Contour.44 The project site is located within the Traffic Pattern (Zone 7a) Safety Zone.45 Zone 7a allows for a maximum nonresidential density of 450 persons per acre. 46 The proposed project would comply with
this density limit. Although the tenant for the warehouse has not been identified, the proposed project will comply with CBC occupancy rates, which would cap the occupancy of the building at 391 employees. Zone 7a has a 10 percent open land requirements are intended to be applied with respect to an entire zone.47 This is typically accomplished as part of a community general plan or a specific plan but also applies to development projects that are 10 acres or more.48 The project site is

11.70 acres and X percent of the project would remain open space. Warehousing and office uses are 42 San Joaquin Council of Governments (SJCOG). May 2016. Amended February 2018. Airport Land Use Compatibility Plan Update for Stockton Metropolitan Airport. Exhibit 1C Stockton Metropolitan Airport – Airport Influence Area. 43 San Joaquin Council of Governments (SJCOG). May 2016. Amended February 2018. Airport Land Use Compatibility Plan Update for Stockton Metropolitan Airport. Exhibit 2F: Long Range CNEL Noise Exposure Contours. 44 San Joaquin Council of Governments (SJCOG). May 2016. Amended February 2018. Airport Land Use Compatibility Plan Update for Stockton Metropolitan Airport. Exhibit 1C Stockton Metropolitan Airport – Airport Influence Area. Exhibit 2G SEL Noise Exposure Contours 45 San Joaquin Council of Governments (SJCOG). May 2016. Amended February 2018. Airport Land Use Compatibility Plan Update for Stockton Metropolitan Airport. Exhibit 1C Stockton Metropolitan Airport – Airport Influence Area. Exhibit 3A Safety Zone Map 46 San Joaquin Council of Governments (SJCOG). May 2016. Amended February 2018. Airport Land Use Compatibility Plan Update for Stockton Metropolitan Airport. Table 3A Safety Criteria Matrix. 47 Ibid. 48 Ibid.

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City of Stockton–South McKinley Avenue East Industrial Project Environmental Checklist and Initial Study/Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 99 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx not listed under prohibited uses for Zone 7a.49 Airspace review is required for objects greater than 100 feet in height.50 The proposed warehouse building would not exceed more than 100 feet and therefore would not require airspace review. Therefore, the proposed project would be compliant with the ALUCP and impacts would be less than significant. f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan?
Less than significant impact. The project consists of the construction of a warehouse building and associated office space in a developed area of the City. Emergency preparedness is managed by the City’s Office of Emergency Services (OES) for disaster preparedness, readiness, City departments response, and mitigation.51 The City adopted its most recent version of its Emergency Operations Plan (EOP) in June 2012. The EOP addresses the City’s planned response to extraordinary emergency situations associated with natural disasters, technological incidents, and national security emergencies. The EOP establishes the emergency management organization required to mitigate any significant emergencies and identifies roles and responsibilities required to protect the health and safety of Stockton residents and property. In addition, the EOP establishes operations concepts associated with a field response to emergencies.52 The EOP recommends that all businesses develop comprehensive emergency plans but does not require them. Adequate emergency access to the project site would be provided by two 35-foot-wide driveways along South McKinley Avenue at the north and south ends of the project site and continue around the perimeter of the proposed building. Therefore, impacts would be less than significant. g) Expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires?
Less than significant impact. Figure 4.8-1 of the General Plan illustrates that there are no High or Very High Fire Hazard Severity Zones (FHSZs) in the City and its SOI. However, approximately 945 acres classified Moderate FHSZ are scattered throughout the City and its SOI. The project site is not located in any of the FHSZ areas. It is located in an urbanized area and is not adjacent to wildlands.

Therefore, impacts would be less than significant.

Mitigation Measures
MM HAZ-1 Prior to project approval, the project applicant shall contract a qualified firm to complete a Phase II Environmental Site Assessment (Phase II ESA) at the project site.

The Phase II ESA shall further investigate the debris pile on-site through soil sampling. The project applicant shall implement all measures recommended by the Phase II ESA prior to issuance of grading permits.
49 San Joaquin Council of Governments (SJCOG). May 2016. Amended February 2018. Airport Land Use Compatibility Plan Update for Stockton Metropolitan Airport. Table 3A Safety Criteria Matrix. 50 Ibid. 51 City of Stockton. 2019. Emergency Preparedness. Website:
http://www.stocktonca.gov/government/departments/fire/emerge.html. Accessed April 1, 2023. 52 City of Stockton. June 2012. Emergency Operations Plan.

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Environmental Checklist and City of Stockton–South McKinley Avenue East Industrial Project Environmental Evaluation Initial Study/Mitigated Negative Declaration 100 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx Environmental Issues
Potentially
Significant
Impact
Less than
Significant
Impact with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact

2.10 Hydrology and Water Quality
Would the project:
a) Violate any water quality standards or waste
discharge requirements or otherwise substantially
degrade surface or groundwater quality?
b) Substantially decrease groundwater supplies or
interfere substantially with groundwater recharge
such that the project may impede sustainable
groundwater management of the basin?
c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of
the course of a stream or river or through the
addition of impervious surfaces, in a manner which
would:
(i) result in substantial erosion or siltation on- or
off-site;
(ii) substantially increase the rate or amount of
surface runoff in a manner which would result
in flooding on- or off-site;
(iii) create or contribute runoff water which would
exceed the capacity of existing or planned
stormwater drainage systems or provide
substantial additional sources of polluted
runoff; or
(iv) impede or redirect flood flows?
d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation?
e) Conflict with or obstruct implementation of a water
quality control plan or sustainable groundwater
management plan?
Environmental Evaluation
Setting
Groundwater
The project site is located at the San Joaquin Valley Groundwater Basin (Basin), which is about 5,809 square miles. More specifically, the project site is located in the Rock Creek-French Camp Slough Subbasin, consisting of about 473 square miles.

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City of Stockton–South McKinley Avenue East Industrial Project Environmental Checklist and Initial Study/Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 101 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx However, the project site receives water from COSMUD. COSMUD obtains its water from the San Joaquin River, the Eastern San Joaquin Groundwater Subbasin, and from the Stockton East Water District (SEWD). Groundwater comprised about one-third of the City’s water supplies as of 2015, but it is forecast to comprise 25 percent by 2040.53
The Eastern San Joaquin Subbasin is identified as a critically overdrafted groundwater basin. Average groundwater use in the Eastern San Joaquin Subbasin is about 809,321 acre-feet per year, of which approximately 95 percent is for agricultural uses and 5 percent for municipal and industrial uses.

Historically, groundwater elevations have declined about 40 to 60 feet, averaging approximately 1.7 feet per year.54
Hydrology
The major drainage pattern in the City is westerly from the Sierra Nevada, and then northerly through the San Joaquin Valley to the San Joaquin Delta. The drainage pattern in the City includes the San Joaquin River, which flows northerly through the southern and western parts of the City.

Several tributaries extend east from the San Joaquin River, including French Camp Slough, which runs west of the project site.

Storm Drainage
The project site is currently made up of pervious surfaces, a fallow, previously cultivated field. There is a stormwater drainage ditch along the eastern edge of the project site along South McKinley Avenue. Under Section 402 of the Clean Water Act, the EPA has established regulations under the National Pollutant Discharge Elimination System (NPDES) program to control direct stormwater discharges from construction activities disturbing 1 acre or more of land.

The Municipal Separate Storm Sewer System (MS4) Permit in effect for Stockton and San Joaquin County is Order No. R5-2015-0024, which was issued by the Central Valley RWQCB in 2015.

Municipal Code Chapter 15.48 requires development and implementation of a SWPPP for development projects over 1 acre of land. The SWPPP shall incorporate an effective combination of BMPs customized to the site using up-to-date standards and practices as identified in the California BMP Handbooks or equivalent pre-approved by the City. Furthermore, Municipal Code Chapter

13.20 requires implementation of a Storm Water Quality Control Plan (SWQCP) for project operation.55 An SWQCP is triggered when 5,000 square feet of land is disturbed and addresses stormwater volume reduction, stormwater treatment, and trash reduction.

Flooding
The project site is located primarily in an area with a 0.2 percent annual chance flood. The strip of land at the west of the project site adjacent to French Camp Slough has a 1 percent annual chance flood.
53 City of Stockton. 2018. Envision Stockton 2040 General Plan Update and Utility Master Plan Supplements Draft EIR. June. 54 Ibid. 55 City of Stockton. 2023. Stockton, California Municipal Code, Charter, and Civil Service Rules. Chapter 13.20.

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Environmental Checklist and City of Stockton–South McKinley Avenue East Industrial Project Environmental Evaluation Initial Study/Mitigated Negative Declaration 102 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx Would the project:
a) Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or groundwater quality?
Less than significant impact. Because construction activities would disturb over 1-acre, the proposed project would be required to prepare and implement a SWPPP in accordance with applicable federal and State requirements and under its Municipal Regional Stormwater NPDES Permit (MRP). The SWPPP would identify BMPs that are intended to prevent erosion during construction activity.

The proposed project would develop a 184,166-square-foot building on an 11.7-acre project site.

This would result in an increase of impervious areas on the project site from 0 square feet to 373,200 square feet. The proposed project could create sources of polluted runoff due to car leaks and exhaust from cars circulating the project site. However, most runoff from the project site would be directed to an underground mechanical stormwater treatment process and discharge water into the existing ditch north of the project site, which eventually leads to French Camp Slough. The mechanical treatment process would be designed to treat stormwater volumes of up to 21,000 cubic feet and would prevent polluted runoff from degrading nearby surface waters.

The proposed project would comply with the aforementioned policies and code requirements, as well as the preparation and implementation of a SWQCP for project operation. An SWQCP is triggered when 5,000 square feet of land is disturbed and addresses stormwater volume reduction, stormwater treatment, and trash reduction. This could include installation of landscaping and an underground mechanical stormwater treatment system to ensure that stormwater runoff would not exceed pre-project conditions and that water quality standards and waste discharge requirements are met.56 As such, implementation of the proposed project is not expected to substantially degrade surface or groundwater quality. Therefore, impacts to water quality would be less than significant. b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? Less than significant impact. The project site would be served by COSMUD. As such, the percentage of groundwater used at the project site would be determined by COSMUD. The City and San Joaquin Valley region are implementing several policies and programs in order to reduce the regions reliance on groundwater. While the proposed project would create an additional 373,200 square feet of impervious surfaces, which could reduce opportunities for groundwater recharge, the proposed project would direct stormwater runoff to an underground mechanical stormwater treatment, which would assist with groundwater recharge. Therefore, impacts would be less than significant. 56 City of Stockton. 2023. Stockton, California, Municipal Code, Charter, and Civil Service Rules. Chapter 13.20.

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City of Stockton–South McKinley Avenue East Industrial Project Environmental Checklist and Initial Study/Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 103 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx c) Substantially alter the existing drainage pattern of area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would:
(i) result in substantial erosion or siltation on- or off-site; Less than significant impact. Grading and site preparation for the proposed project would create new drainage patterns, including surface runoff being directed to the underground mechanical stormwater treatment system and eventually into the existing ditch north of the project site, which eventually leads to French Camp Slough. The mechanical treatment process would be designed to treat stormwater volumes of up to 21,000 cubic feet and would prevent polluted runoff from degrading nearby surface waters. Runoff over exposed soils could result in soil erosion. However, as discussed above, Municipal Code Chapter 15.48 requires that all developments prepare a SWPPP containing BMPs pursuant to NPDES requirements. Areas of 1 or more acres of disturbance must prepare and implement a SWPPP for the prevention of erosion during construction. Therefore, compliance with these policies would ensure that impacts would be less than significant. (ii) substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site;
Less than significant impact. The project site is located primarily in an area with a 0.2 percent annual chance flood. The strip of land at the west of the project site adjacent to French Camp Slough has a 1 percent annual chance flood. While the proposed project would create an additional 373,200 square feet of impervious surfaces, increasing surface runoff during flood events, stormwater at the project site would be directed to an underground mechanical treatment process and discharge water into the existing ditch north of the project site, which eventually leads to French Camp Slough. The mechanical treatment process would be designed to treat stormwater volumes of up to 21,000 cubic feet, which would provide adequate capacity for rain events. This would ensure that project runoff would not exceed existing conditions. Therefore, impacts would be less than significant. (iii) create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or
Less than significant impact. As described above, compliance with Municipal Code Chapter 15.48 would reduce sources of polluted runoff during construction to a less than significant level.

Municipal Code Chapter 13.20 requires implementation of a SWQCP for project operation.57 An SWQCP is triggered when 5,000 square feet of land is disturbed and addresses stormwater volume reduction, stormwater treatment, and trash reduction. During project operation, the proposed underground mechanical stormwater treatment system would have adequate capacity to support flows from the project site in the event of a storm event, as explained above. Sidewalks and gutters would be constructed along McKinley Avenue and would direct stormwater runoff from the street to proposed stormwater pipes in McKinley Avenue. These construction and operation features would 57 City of Stockton. 2023. Stockton, California, Municipal Code, Charter, and Civil Service Rules. Chapter 13.20.

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Environmental Checklist and City of Stockton–South McKinley Avenue East Industrial Project Environmental Evaluation Initial Study/Mitigated Negative Declaration 104 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx ensure that the stormwater runoff would not exceed pre-project conditions, and that there would be no additional sources of polluted runoff. Therefore, impacts would be less than significant. (iv) impede or redirect flood flows?
Less than significant impact. The project site is located primarily in an area with a 0.2 percent annual chance flood. The strip of land at the west of the project site adjacent to French Camp Slough has a 1 percent annual chance flood.

While the proposed project would create an additional 373,200 square feet of impervious surfaces, increasing surface runoff during flood events, stormwater at the project site would be directed to an underground mechanical stormwater treatment facility, which has the capacity to treat 21,000 cubic feet of stormwater, adequate capacity for rain events. This would ensure that project runoff would not exceed existing conditions. Therefore, impacts would be less than significant. d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation? Less than significant impact. The project site is not near the coast and is not located in a tsunami or seiche zone. As described above, the project site is located in FEMA Flood Zone X, meaning it is outside of the 500-year flood zone and protected by a levee from a 100-year flood. As such, it is not likely that the project site would flood. Additionally, project features such as the underground mechanical stormwater treatment system would reduce any flooding risks. e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan?
Less than significant impact. The City of Stockton published is Stormwater Quality Control Criteria Plan in 2020.58 The plan outlines standards for new development, site design controls, source controls, volume reduction measures, treatment controls, and control measure maintenance as well as the process to comply with City and County Standards. As described above, the proposed project would limit impacts to water quality during project construction by creating and implementing a SWPPP with incorporated BMPs. Per the Stormwater Quality Control Criteria Plan requirements, the applicant would be required to submit their stormwater quality control and maintenance plan to the City prior to the issuance of grading permits. Furthermore, Municipal Code Chapter 13.20 requires implementation of a SWQCP for project operation.59 An SWQCP is triggered when 5,000 square feet of land is disturbed and addresses stormwater volume reduction, stormwater treatment, and trash reduction.

Furthermore, the City is subject to the Eastern San Joaquin Groundwater Basin Groundwater Management Plan.60 The proposed project would get water from COSMUD, which utilizes groundwater. Therefore, COSMUD determines how much groundwater is used at the project site and the proposed project itself would not have a direct impact on groundwater usage. It would be the 58 City of Stockton and County of San Joaquin. 2020. Stormwater Quality Control Criteria Plan. August. 59 City of Stockton. 2023. Stockton, California Municipal Code, Charter, and Civil Service Rules. Chapter 13.20. 60 San Joaquin County Department of Public Works. 2004. Eastern San Joaquin Groundwater Basin Groundwater Management Plan.

September.

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City of Stockton–South McKinley Avenue East Industrial Project Environmental Checklist and Initial Study/Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 105 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx responsibility of COSMUD to implement the Eastern San Joaquin Groundwater Basin Groundwater Management Plan where applicable. Therefore, impacts resulting from the proposed project would be less than significant.

Mitigation Measures
None required.

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Environmental Checklist and City of Stockton–South McKinley Avenue East Industrial Project Environmental Evaluation Initial Study/Mitigated Negative Declaration 106 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx Environmental Issues
Potentially
Significant
Impact
Less than
Significant
Impact with
Mitigation
Incorporated
Less than
Significant
Impact No Impact

2.11 Land Use and Planning
Would the project:
a) Physically divide an established community?
b) Cause a significant environmental impact due to a
conflict with any land use plan, policy, or
regulation adopted for the purpose of avoiding or
mitigating an environmental effect?
Environmental Evaluation
Would the project:
a) Physically divide an established community?
No impact. The physical division of an already established community typically refers to the construction of a linear feature, such as an interstate highway, railroad tracks, or removal of a means of access, such as a bridge, which would impact mobility within an existing community and an outlying area. The proposed project does not propose construction of any roadway or other structures that would physically divide any portion of the community.

The surrounding area is designated as Industrial, Open Space/Agriculture, and Low Density Residential. The project site is surrounded by a manufacturing plant to the north; South McKinley Avenue and a logistics center and a distribution center to the east; French Camp Slough, a warehouse building and lot, and a single-family residence to the south; and French Camp Slough and vacant land to the west. The proposed project would consist of the development of a warehouse facility on a site that is currently undeveloped. The project site currently has an Industrial land use designation in the General Plan. The proposed project would be in the I-L Zone upon annexation into the City, which allows for warehouse uses and supporting office uses. Therefore, there would be no. b) Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? Less than significant impact. The project site is designated Industrial by the General Plan. The Industrial land use designation allows for a wide variety of industrial uses, including the proposed warehousing and office uses. The maximum allowable FAR for the Industrial land use designation is

0.6. The FAR of the proposed project would be approximately 0.4, which is consistent with the maximum allowable FAR for the Industrial land use designation. Upon annexation into the City, the project site would be zoned I-L, which also allows for warehouse uses and supporting office uses.

The proposed project would be required to follow the I-L zoning district standards outlined in Municipal Code Section 16.24.130. Furthermore, per Municipal Code Chapter 16.120, the proposed EXHIBIT 1
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City of Stockton–South McKinley Avenue East Industrial Project Environmental Checklist and Initial Study/Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 107 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx project would undergo Design Review prior to the issuance of building permits, to ensure consistency with Stockton Municipal Code and Citywide Design Guidelines. Therefore, impacts would be less than significant.

Mitigation Measures
None required.

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Environmental Checklist and City of Stockton–South McKinley Avenue East Industrial Project Environmental Evaluation Initial Study/Mitigated Negative Declaration 108 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx Environmental Issues
Potentially
Significant
Impact
Less than
Significant
Impact with
Mitigation
Incorporated
Less than
Significant
Impact No Impact

2.12 Mineral Resources
Would the project:
a) Result in the loss of availability of a known mineral resource that would be of value to the region and
the residents of the State?
b) Result in the loss of availability of a locallyimportant mineral resource recovery site delineated on a local general plan, specific plan, or
other land use plan?
Environmental Evaluation
Setting
The California Department of Conservation Division of Mines and Geology classifies lands in the City of Fresno and along the San Joaquin River Corridor into three different Mineral Resource Zones (MRZ):
• MRZ-1: An area where adequate information indicates that no significant mineral deposits are present, or where it is judged that little likelihood exists for their presence. • MRZ-2: An area where adequate information indicates that significant mineral deposits are present, or where it is judged that a high likelihood exists for their presence. • MRZ-3: An area containing mineral deposits, the significance of which cannot be evaluated.

A majority of the of the City and its SOI have been designated with MRZ-1 mineral classification.61 Would the project:
a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the State?
Less than significant impact. As described above, a majority of the City and its SOI has an MRZ-1 mineral classification, meaning it is unlikely that these areas contain significant mineral deposits.

Therefore, it is unlikely that the proposed project would result in the loss of availability of a known mineral resources that would be of value to the region and the residents of the State. Impacts would be less than significant.
61 City of Stockton. 2040 General Plan Update and Utility Master Plan Supplements Draft Environmental Impact Report.

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City of Stockton–South McKinley Avenue East Industrial Project Environmental Checklist and Initial Study/Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 109 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx b) Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? Less than significant impact. As described above, a majority of the City and its SOI have an MRZ-1 mineral classification, meaning it is unlikely that these areas contain significant mineral deposits.

Therefore, it is unlikely that the proposed project would result in the loss of availability of a locallyimportant mineral resources recovery site. Therefore, a less than significant impact would occur.

Mitigation Measures
None required.

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Environmental Checklist and City of Stockton–South McKinley Avenue East Industrial Project Environmental Evaluation Initial Study/Mitigated Negative Declaration 110 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx Environmental Issues
Potentially
Significant
Impact
Less than
Significant
Impact with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact

2.13 Noise
Would the project result in:
a) Generation of a substantial temporary or permanent
increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable
standards of other agencies?
b) Generation of excessive groundborne vibration or
groundborne noise levels?
c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a
plan has not been adopted, within two miles of a
public airport or public use airport, would the project expose people residing or working in the project area
to excessive noise levels?
Environmental Evaluation
Setting
This analysis is based on the Noise Impact Analysis Report prepared by FCS, dated March 5, 2023, to determine the off-site and on-site noise impacts associated with the proposed project.

Characteristics of Noise
Noise is generally defined as unwanted sound. Noise consists of any sound that may produce physiological or psychological damage and/or interfere with communication, work, rest, recreation, and sleep. Sound levels are usually measured and expressed in dB, a unit of measurement that indicates the relative intensity of a sound. 0 dB corresponding roughly to the threshold of hearing.

Most of the sounds that we hear in the environment do not consist of a single frequency, but rather a broad band of frequencies, with each frequency differing in sound level. The intensities of each frequency add together to generate a sound. Noise is typically generated by transportation, specific land uses, and ongoing human activity.

The standard unit of measurement of the loudness of sound is the dB. The 0 point on the dB scale is based on the lowest sound level that the healthy, unimpaired human ear can detect. Changes of 3 dB or less are only perceptible in laboratory environments. A change of 3 dB is the lowest change that can be perceptible to the human ear in outdoor environments. While a change of 5 A-weighted decibel (dBA) is the minimum readily perceptible change to the human ear in outdoor environments.

Sound levels in dB are calculated on a logarithmic basis. An increase of 10 dB represents a 10-fold increase in acoustic energy, while 20 dB is 100 times more intense, 30 dB is 1,000 times more intense. Each 10 dB increase in sound level is perceived as approximately a doubling of loudness.

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City of Stockton–South McKinley Avenue East Industrial Project Environmental Checklist and Initial Study/Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 111 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx Since the human ear is not equally sensitive to sound at all frequencies, the dBA was derived to relate noise to the sensitivity of humans, it gives greater weight to the frequencies of sound to which the human ear is most sensitive. The A-weighted sound level is the basis for several various sound level metrics, including the day/night sound level (Ldn) and the CNEL, both of which represent how humans are more sensitive to sound at night. Day-Night Level (DNL) is like the CNEL scale but without the adjustment for events occurring during the evening hours. CNEL and DNL are within one dBA of each other and are normally exchangeable. In addition, the equivalent continuous sound level (Leq) is the total sound energy of time-varying noise over a sample period and Lmax is the highest exponential time-averaged sound level that occurs during a stated time period.

Common sources of noise in urban environments include mobile sources, such as traffic, and stationary sources, such as mechanical equipment or construction operations. Construction is performed in discrete steps, each of which has its own mix of equipment and, consequently, its own noise characteristics. These various sequential phases would change the character of the noise generated on each construction site and, therefore, would change the noise levels as construction progresses. Construction-period noise levels are higher than background ambient noise levels, but they eventually cease once construction is complete.

Impact Analysis
Would the project result in:
a) Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies?
Less than significant impact.

Construction Noise Impacts
For purposes of this analysis, a significant impact would occur if construction activities would generate a substantial temporary increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies. The City has not adopted construction-related noise thresholds of significance for CEQA consideration. The General Plan also does not contain quantitative noise standards that are specific or applicable to construction activities. Municipal Code Section 16.60.030(A) prohibits construction activities from occurring between the hours of 10:00 p.m. and 7:00 a.m. when the noise causes a disturbance across a residential property line, but it is not anticipated that construction for the proposed project would occur during these hours. The Municipal Code does not establish quantitative standards for construction noise. Thus, to assess the significance of the proposed project’s construction noise impacts, the following criteria are adopted:
• Construction activities would result in noise levels in excess of 60 dBA Leq at the property lines of nearby residential land uses.

EXHIBIT 1
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Environmental Checklist and City of Stockton–South McKinley Avenue East Industrial Project Environmental Evaluation Initial Study/Mitigated Negative Declaration 112 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx Residential land uses are the nearest noise-sensitive receptors to the project site. A small residential neighborhood is located approximately 450 feet southwest of the project site along South McKinley Avenue. The 60 dBA Leq criteria reflects the General Plan’s “normally acceptable” land use and noise compatibility for residential land uses. Therefore, the criteria measures whether the proposed project’s noise levels would be considered “normally acceptable” for residential land uses.

Construction Equipment Operational Noise
Construction of the proposed project would generate noise during the approximately 8-month schedule of site preparation, grading, building construction, paving, and other construction activities. The proposed project is anticipated to utilize a standard five-day work week, and construction would occur during standard daytime hours, which are generally between 7:00 a.m. and 5:00 p.m. Construction would not occur during the nighttime hours specified in Municipal Code Section 16.60.030(A) (i.e., 10:00 p.m. to 7:00 a.m.). Therefore, construction would not result in violations of this regulation.

Noise from grading activities is typically the foremost concern when evaluating a project’s construction noise impact, as grading activities often require extensive use of heavy-duty, dieselpowered earthmoving equipment. For the proposed project, grading would have the greatest—and noisiest—construction vehicle requirements, as multiple grading vehicles would be required to grade the approximate 11.7-acre project site. Other construction phases would have reduced vehicle requirements. For example, building construction could at times require a crane truck, several construction forklifts, and skid steer loaders. These vehicles are much less powerful than the types of heavy-duty graders and scrapers that would be required to grade the project site, and consequently have lower operational noise levels. Given this consideration, the following analysis assesses noise impacts that may result from the proposed project’s grading activities.

Grading for the proposed project is estimated to last approximately four weeks. The bulk of grading activities would be characterized by extensive use of graders and scrapers, which would be utilized across the project site to level the site and establish proper slopes and drainages. These are mobile vehicles that would operate by driving across the project site, grading the land as they go. Their construction noise levels at surrounding residential land uses would be higher when they operate closer to the project site’s boundaries that are nearest to residential land uses, and lower when they operate farther away. As such, on average, daily noise levels from these vehicles at the nearest residential land uses are likely to be no greater than 58.8 dBA Leq on any given grading workday. At other, farther residential land uses, noise levels would be further reduced. Noise levels would not exceed the 60 dBA Leq threshold criteria for residential land uses. As a result, construction-related noise impacts to residential land uses would be considered less than significant.

Construction-related Traffic Noise
Haul trips, construction worker vehicle trips, and other construction-related trips would occur over the course of the proposed project’s construction. Haul trips typically have the greatest potential to result in substantial off-site noise increases along nearby roadways. However, the project site is anticipated to be balanced, meaning that it would not require any haul trips to export or import fill material. Construction worker vehicle trips and vendor deliveries would generate intermittent noise EXHIBIT 1
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City of Stockton–South McKinley Avenue East Industrial Project Environmental Checklist and Initial Study/Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 113 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx as these vehicles drive by roadside sensitive receptors, but they would not be capable of sustaining noise levels in excess of 60 dBA Leq. As a result, noise from the proposed project’s construction vehicles would be considered less than significant.

Off-site Mobile Source Operational Noise Impacts
For the purposes of this analysis, a significant impact would occur if the proposed project’s off-site mobile sources (i.e., vehicle traffic) would generate a substantial permanent increase in ambient noise levels surrounding the proposed project and any nearby roadways. The City has not adopted mobile operational-related noise thresholds of significance for CEQA consideration, but the City’s General Plan contains policies that would apply to the proposed project’s mobile source operational noise impacts. General Plan Policy SAF-2.5A prohibits new industrial land uses from exposing existing noise-sensitive land uses to noise levels in excess of 70 dBA CNEL. Municipal Code Section 16.60.040 establishes a more stringent 65 dBA Ldn standard for noise-sensitive land uses. As such, the following analysis adopts the stricter Code-based 65 dBA Ldn standard for assessment of the proposed project’s mobile source operational noise impacts.

According to the Traffic Impact Study (TIS) prepared by Advanced Mobility Group, the proposed project would generate an estimated 378 daily vehicle trips, including 40 AM peak-hour trips and 44 PM peak-hour trips.62 The applicant anticipates that of these daily vehicle trips, approximately 20 would consist of heavy-duty truck trips. Individually, this level of traffic would not correspond with roadway noise levels in excess of 65 dBA Ldn, which is approximately the noise level of a busy arterial roadway.

As proposed project-related traffic would not generate daily noise levels in excess of 65 dBA Ldn, the proposed project’s mobile source operational noise impact would be considered less than significant.

On-site Operational Noise Impacts
For purposes of this analysis, a significant impact would occur if the proposed project’s on-site noise sources (i.e., parking lot operations, on-site truck loading, etc.) would generate a substantial permanent increase in ambient noise levels surrounding the proposed project.

The City has not adopted operational-related noise thresholds of significance for CEQA consideration. The following criteria to determine significance are based on the City’s applicable General Plan and Municipal Code noise standards, or whichever is more stringent for the given receptor or noise source. The proposed project’s noise impact from on-site operational sources would be considered significant if any of the following were to occur:
• On-site operational sources would expose adjoining industrial land uses to noise levels in excess of 80 dBA Lmax or 70 dBA Ldn.
62 Advanced Mobility Group. 2022. Traffic Impact Study for Industrial Development @ 6505 South McKinley Avenue East, Stockton, California. Accessed March 9, 2023.

EXHIBIT 1
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Environmental Checklist and City of Stockton–South McKinley Avenue East Industrial Project Environmental Evaluation Initial Study/Mitigated Negative Declaration 114 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx • On-site operational sources would expose nearby residential land uses to noise levels in excess of 75 dBA Lmax or 55 dBA Leq during daytime hours between 7:00 a.m. and 10:00 p.m., or 65 dBA Lmax or 45 dBA Leq during nighttime hours between 10:00 p.m. and 7:00 a.m.

The proposed project would generate noise from a variety of on-site noise sources, such as parking lot activities, new exterior mechanical equipment sources, and truck loading and unloading.

Potential impacts from these noise sources are discussed below.

Parking Lot Activities
The proposed project’s parking facilities and the intermittent noises associated with them (e.g., doors slamming, engines starting, etc.) would have a nominal effect on surrounding exterior noise levels. According to Federal Transit Administration (FTA) equations for the prediction of parking facility noise impacts, a facility with an hourly activity of 44 vehicles (equivalent to the proposed project’s maximum hourly trip generation) would be expected to result in a noise level of just 43 dBA Leq at a reference distance of 50 feet. Thus, nearby industrial and noise-sensitive land uses would not be exposed to parking-related noise levels in excess of the threshold criteria.

Mechanical Equipment Operations
At the time of preparation of this analysis, details were not available pertaining to the proposed rooftop mechanical ventilation systems for the project; therefore, a reference noise level for typical rooftop mechanical ventilation systems was used. Noise levels from commercially available rooftop mechanical ventilation equipment range from 50 dBA to 60 dBA Leq at a distance of 25 feet. Thus, industrial land uses adjoining the project site would not be exposed to noise levels in excess of the minimum 70 dBA Ldn criteria as a result of this equipment. Residential land uses that are over 400 feet from the project site would experience noise levels that are well below 30 dBA Leq and likely inaudible altogether. Thus, nearby industrial and noise-sensitive land uses would not be exposed to mechanical equipment operational noise levels in excess of the threshold criteria.

Truck Loading Activities
Noise would also be generated by truck loading and unloading activities at the loading docks along the south side of the proposed project. Typical maximum noise levels from truck loading and unloading activity are 70 dBA Lmax as measured at 50 feet. These maximum noise levels include noise from associated truck loading/unloading activity, including trucks maneuvering, truck trailer loading, truck trailer unloading, backup alarms or beepers, and truck docking noise.

The nearest adjoining industrial uses are located over 100 feet from the proposed project’s loading areas and thus would be exposed to loading/unloading noise levels that are well below the minimum 70 dBA Ldn criteria as a result.

At the nearest residential land uses that are over 450 feet away, maximum noise levels from unloading/loading activities would attenuate to below 50 dBA Lmax. Because the proposed project is anticipated to generate approximately 20 truck trips per day, such unloading/loading activities would be intermittent and would not be expected to cause sustained noise levels in excess of 45 dBA Leq at residential land uses, because noise generated by these activities would not be continuous. Thus, EXHIBIT 1
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City of Stockton–South McKinley Avenue East Industrial Project Environmental Checklist and Initial Study/Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 115 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx nearby industrial and noise-sensitive land uses would not be exposed to truck loading/unloadingnoise levels in excess of the threshold criteria. b) Generation of excessive groundborne vibration or groundborne noise levels? Less than significant impact. This section analyzes both construction and operational groundborne vibration and noise impacts. Groundborne vibrations consist of rapidly fluctuating motions within the ground that have an average motion of zero. Vibrating objects in contact with the ground radiate vibration waves through various soil and rock strata to the foundations of nearby buildings.

Groundborne noise is generated when vibrating building components radiate sound, or noise generated by groundborne vibration. In general, if groundborne vibration levels do not exceed levels considered to be perceptible, then groundborne noise levels would not be perceptible in most interior environments. Therefore, this analysis focuses on determining exceedances of groundborne vibration levels.

A significant impact would occur if the proposed project would generate groundborne vibration or groundborne noise levels in excess of established standards. Municipal Code Section 16.32.100 prohibits the generation of ground vibration that “is perceptible without instruments by the average person at any point along or beyond the property line of the parcel containing the activities, cause discomfort or annoyance to reasonable persons of normal sensitivity or which endangers the comfort, repose, health or peace of residents whose property abuts the property lines of the parcel, and interferes with the operations of equipment and facilities of adjoining parcels.” However, vibrations from temporary construction or demolition activities and motor vehicle operations are exempt from this regulation. Therefore, the FTA’s vibration impact criteria are utilized for the purpose of this analysis. The FTA has established industry accepted standards for vibration impact criteria and impact assessment. These guidelines are published in its Transit Noise and Vibration Impact Assessment Manual.
63 Short-term Construction Vibration Impacts
Construction of the proposed project would require a variety of large, steel-tracked earthmoving vehicles. Of the variety of equipment used during construction, the large vibratory rollers that are anticipated to be used in the site preparation phase of construction would produce the greatest groundborne vibration levels. Large vibratory rollers produce groundborne vibration levels ranging up to 0.201 inch per second (in/sec) peak particle velocity (PPV) at 25 feet from the operating equipment.

The nearest off-site structure to the project construction footprint is a barn structure located south of the project site. The façade of this closest structure would be located approximately 270 feet from the construction footprint where the heaviest construction equipment would potentially operate. At this distance, groundborne vibration levels would range up to 0.005 in/sec PPV from operation of the types of equipment that would produce the highest vibration levels. This is well below the FTA’s Construction Vibration Impact Criteria of 0.2 in/sec PPV for this type of structure, a building of nonengineered timber construction. Therefore, project construction activities would not generate 63 Federal Transit Administration (FTA). 2018. Transit Noise and Vibration Impact Assessment Manual. Accessed September.

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Environmental Checklist and City of Stockton–South McKinley Avenue East Industrial Project Environmental Evaluation Initial Study/Mitigated Negative Declaration 116 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx groundborne vibration or groundborne noise levels in excess of established standards, and the impact to off-site receptors from short-term groundborne vibration associated with construction would be less than significant.

Operational Vibration Impacts
Implementation of the proposed project would not include any new permanent sources that would expose persons in the project vicinity to groundborne vibration levels that could be perceptible without instruments beyond the boundary line of the project property. Additionally, there are no active sources of groundborne vibration in the project vicinity that would produce vibration levels that would be perceptible without instruments within the project site. Therefore, the proposed project would not generate groundborne vibration or groundborne noise levels in excess of established standards and there would be no impact related to operational groundborne vibration. c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels?
No impact. The project site is not located within the vicinity of a private airstrip nor public airport.

The nearest airport, Stockton Metropolitan Airport, is located 1.2 miles east of the project site.

According to the airport’s noise exposure map, the project site is located well outside of the 60 dBA CNEL airport noise contours.64 Therefore, aircraft noise associated with nearby airport activity would not expose people residing or working near the project site to excessive noise levels. On this basis, implementation of the proposed project would not expose persons residing or working in the project vicinity to noise levels from airport activity that would be in excess of normally acceptable standards for the proposed land use development, and no impact would occur. Moreover, the proposed project is not a noise-sensitive land use; its development at the project site would not present a land use and noise compatibility issue.

Mitigation Measures
None required.
64 San Joaquin County. 2018. San Joaquin County’s Aviation System Stockton Metropolitan Airport, Airport Land Use Compatibility Plan. February.

EXHIBIT 1
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City of Stockton–South McKinley Avenue East Industrial Project Environmental Checklist and Initial Study/Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 117 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx Environmental Issues
Potentially
Significant
Impact
Less than
Significant
Impact with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact

2.14 Population and Housing
Would the project:
a) Induce substantial unplanned population growth in
an area, either directly (for example, by proposing
new homes and businesses) or indirectly (for
example, through extension of roads or other
infrastructure)?
b) Displace substantial numbers of existing people or
housing, necessitating the construction of
replacement housing elsewhere?
Environmental Evaluation
Setting
According to the California Department of Finance (CDF), the estimated population of the City in January 2022 was 322,489. 65 This represents a 0.43 percent decrease from the 2021 population of 323,884.66 The General Plan is projected to attract an additional 132,200 residents from 2018 levels, bringing the total population to 452,800 by the year 2040.67 The General Plan specifies that the City has approximately 100,300 homes with an average of 3.23 people per household.

Would the project:
a) Induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)?
Less than significant impact. Unplanned direct population growth would occur if the project produced a population growth not anticipated and evaluated by the City of Stockton in its General Plan. The proposed project would not include residential uses and therefore is not anticipated to create a population increase. While some employees could relocate to the City for employment at the proposed project, it is unlikely that a significant number of employees would do so.

Furthermore, the proposed project would generate temporary employment opportunities during construction. These employees would be temporary and limited to the project construction period.

Given that the temporary construction-period spans approximately nine months, the local labor pool 65 California Department of Finance (CDF). 2022. E-4 Population Estimates for Cities, Counties, and State, 2021-2022, with 2020 Census Benchmark. Website: https://dof.ca.gov/forecasting/demographics/estimates/e-4-population-estimates-for-cities-countiesand-the-state-2021-2022-with-2020-census-benchmark/. Accessed April 1, 2023. 66 1 - (322,489/323,884) = .0043, or .43% 67 City of Stockton. 2018. Envision Stockton 2040 Draft EIR. Website:
http://www.stocktonca.gov/files/EnvisionStockton2040GP_DEIR.pdf. Accessed April 1, 2023.

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Environmental Checklist and City of Stockton–South McKinley Avenue East Industrial Project Environmental Evaluation Initial Study/Mitigated Negative Declaration 118 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx would be expected to satisfy labor demands of the project. As a result, construction workers would not require permanent relocation, resulting in population growth in the City.

Thus, the proposed project would not induce significant indirect population growth. Impacts would be less than significant.
b) Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere?
No impact. The project site is currently vacant and undeveloped and does not contain any residential structures. Therefore, the proposed project would not displace any people our housing. No impact would occur.

Mitigation Measures
None required.

EXHIBIT 1
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City of Stockton–South McKinley Avenue East Industrial Project Environmental Checklist and Initial Study/Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 119 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx Environmental Issues
Potentially
Significant
Impact
Less than
Significant
Impact with
Mitigation
Incorporated
Less than
Significant
Impact No Impact

2.15 Public Services
Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services:
a) Fire protection?
b) Police protection?
c) Schools?
d) Parks?
e) Other public facilities?
Environmental Evaluation
Setting
Fire
The project site is currently within the French Camp-McKinley Fire Protection District. Should the project site be annexed, the Stockton Fire Department (SFD) would provide fire protection services.

SFD operates 13 stations and is staffed by 182 sworn fire personnel and 35 civilian employees.68 There are five divisions within the SFD: Engine and Truck Company, Training Division, Communications Division, Hazardous Materials (Haz Mat) Division, Swift Water and Dive Rescue Team, and Urban Search and Rescue Team.69
The average response time from Station 5 to a fire call is approximately 6.5 minutes, which is typical for stations located on the City’s periphery. The City is currently exploring the options for construction and staffing of an additional South Stockton fire station to improve Fire Department services and response times to the South Stockton area, including new industrial development. The station is expected to be financed by a Community Facilities District under which a special tax would be imposed upon new development within the district. The closest fire station to the project site is Stockton Fire Station 5, located approximately 1.9 miles northwest at 3499 Manthey Road.

Police
Law enforcement services to the project site are currently provided by the San Joaquin County Sheriff’s Department. Upon annexation of the project site, law enforcement services would be provided by the Stockton Police Department (SPD). SPD is divided into six divisions: Field Operations Division, Special Operations Division, Investigations Division, Technical Services Division, 68 City of Stockton. 2022. Fire Department. Website: http://www.stocktonca.gov/government/departments/fire/default.html.

Accessed June 21, 2022. 69 City of Stockton. 2022. Neighborhood Fire Stations. Website:
http://www.stocktonca.gov/government/departments/fire/neighb.html. Accessed April 1, 2023.

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Environmental Checklist and City of Stockton–South McKinley Avenue East Industrial Project Environmental Evaluation Initial Study/Mitigated Negative Declaration 120 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx Administrative Services Division, and Department support sections. For the year 2020-2021, SPD handled 654,463 requests for service with an average response time of 5 minutes or less.70,71As of 2018, the average response time for priority one calls in Stockton was 5 to 6 minutes.72 The SPD is staffed by 485 sworn personnel and 227 civilian support employees.73 The closest police station to the project site is located at 7000 Michael Canlis Boulevard approximately 1.5 miles southwest of the project site.

Schools
The project site is located within the jurisdiction of the Manteca Unified School District (MUSD) and the Stockton Unified School District (SUSD). SUSD operates 54 schools with approximately 40,000 students.74 The closest school to the project site is the French Camp School, located approximately

0.21 mile south of the site at 241 Fourth Street. The second closest school to the project site is Great View Elementary, located 1.65 miles northwest of the site at 4223 McDougald Boulevard.

Parks
The City of Stockton Community Services Department maintains and operates 66 neighborhood, community, and regional parks.75 The General Plan calls for at least 2 acres of neighborhood parks per 1,000 residents and 3 acres of community parks and regional parks per 1,000 residents by 2040.76 The City currently has 215 acres of neighborhood parks and 411 acres of community park, and 180 acres of regional parks. To meet the goal outline in the General Plan, the City must add 430 acres of neighborhood parks,77 557 acres of community parks,78 and 790 acres of regional parks by 2040.79 The closest park to the site is William Long Park, located approximately 1.70 miles northwest of the project site.

Other Public Facilities
Other public facilities include libraries, community recreation centers, public infrastructure, and hospitals. Library services are provided by Stockton-San Joaquin County Public Library system. The closest library to the project site is Weston Ranch Branch Library, located approximately 2 miles northwest of the project site at 1453 West French Camp Road. 70 City of Stockton. 2018. Envision Stockton 2040 General Plan. Website: http://www.stocktonca.gov/files/Adopted_Plan.pdf. Accessed April 1, 2023. 71 City of Stockton. 2022. FY 2022-23 Proposed Annual Budget. Proposed budget. http://www.stocktonca.gov/files/2022- 23_Proposed_Budget_Book.pdf 72 City of Stockton. 2018. 2040 General Plan Update and Utility Master Plan Supplements Draft Environmental Impact Report. 73 Stockton Police Department (SPD). 2020. Strategic Plan 2020-2022. Website: http://ww1.stocktonca.gov/-/media/StocktonWebsite/Departments/Police-Homepage/Images/Docs/SPD-Strategic-Plan-2020_2022-FinalDraft.pdf?la=en&hash=8C5CFC572E581225C2AF4B0679590C59593CCE00. Accessed April 1, 2023. 74 Stockton Unified School District (SUSD). 2022. SUSD Fast Facts. Website:
https://www.stocktonusd.net/site/Default.aspx?PageID=356. Accessed April 1, 2023. 75 City of Stockton. 2022. Parks and Community Centers. Website: http://www.stocktonca.gov/discover/pcc.html. Accessed April 1, 2023. 76 City of Stockton. 2018. Envision Stockton 2040 General Plan. Website: http://www.stocktonca.gov/files/Adopted_Plan.pdf. Accessed April 1, 2023. 77 [(322,489/1000) x 2] - 215 = 430 78 [(322,489/1,000) x 3] - 411 = 557 79 [(322,489/1,000) x 3] - 180 = 790 EXHIBIT 1
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City of Stockton–South McKinley Avenue East Industrial Project Environmental Checklist and Initial Study/Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 121 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services:
a) Fire protection?
Less than significant impact. The proposed project consists of the construction of a warehouse building and associated office space in a developed area of the City. Adequate emergency access to the project site would be provided by two 35-foot-wide driveways along South McKinley Avenue at the north and south ends of the project site and continue around the perimeter of the proposed building. Construction of the proposed project could increase demand for fire protection services. To address increases, Municipal Code Section 16-17.260, the project applicant would be required to pay a Public Facilities Fee. Payment of these fees would be used to ensure that SFD could maintain service levels given any indirect population increase associated with the proposed project. 80 Therefore, impacts would be less than significant.
b) Police protection?
Less than significant impact. The proposed project consists of the construction of a warehouse building and associated office space in a developed area of the City. Construction of the proposed project could increase demand for police. However, in compliance with Municipal Code Section 16-

17.260, the project applicant would be required to pay a Public Facilities Fee. Payment of these fees would be used to ensure that SPD could serve the proposed project and any associated increase in population.81 Therefore, with the payment of required Public Facilities Fees, impacts would be less than significant impact.
c) Schools?
Less than significant impact. District-wide, MUSD student enrollment in kindergarten to sixth grade exceeds available capacity, but the high school enrollment does not do so. The MUSD collects required school impact fees and coordinates with residential developers to ensure that sufficient capacity exists within the school system to accommodate the indirect student population generated by development of the project.

The proposed project consists of the construction of a warehouse building and associated office space in a developed area of the City. The proposed project contains warehouse and office uses and does not propose any residential units. Therefore, any increase in population is unlikely or would be negligible. Additionally, the project applicant would be subject to a Developer Fee Rate from SUSD of 80 City of Stockton. 2022. Public Facility Fees. Website:
https://www.stocktonca.gov/government/departments/communityDevelop/cdPff.html. Accessed April 1, 2023. 81 Ibid.

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Environmental Checklist and City of Stockton–South McKinley Avenue East Industrial Project Environmental Evaluation Initial Study/Mitigated Negative Declaration 122 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx $0.61 per square foot of development 82 With payment of the required impact fees, impacts to school facilities would be less than significant.
d) Parks?
Less than significant impact. The proposed project consists of the construction of a warehouse building and associated office space in a developed area of the City. This could increase the demand for park use in the vicinity of the project site. Furthermore, as described in Section 2.14, Population and Housing, the proposed project does not propose any residential units and an increase in population is unlikely. As noted above, the project applicant would be required to pay the Public Facility Fees. Payment of these fees would be used to help the City meet its goals of 2 acres of neighborhood parks and 3 acres of community and regional parks per resident by 2040. Therefore, impacts would be less than significant.
e) Other public facilities?
Less than significant impact. The project consists of the construction of a warehouse building and associated office space in a developed area of the City. Other public facilities include libraries, community recreation centers, public infrastructure, and hospitals. Library services are provided by Stockton-San Joaquin County Public Library system. The closest library to the project site is Weston Ranch Branch Library, located approximately 2 miles northwest of the proposed project site at 1453 West French Camp Road. The closest hospital to the site is San Joaquin General Hospital, located approximately 3,918 feet southwest of the project site at 500 West Hospital Road. As described in Section 2.14, Population and Housing, the proposed project does not propose any residential units and an increase in population is unlikely or would be negligible. The Public Facility Fees are used to increase the service area and capacity of nearly all public facilities and would help cover the cost of any required additional facilities. Therefore, payment of required development fees would result in a less than significant impact.

Mitigation Measures
None required.
82 Stockton Unified School District (SUSD). 2022. Developer Fees Rates & Reports. Website: https://www.stocktonusd.net/Page/402.

Accessed April 1, 2023.

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City of Stockton–South McKinley Avenue East Industrial Project Environmental Checklist and Initial Study/Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 123 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx Environmental Issues
Potentially
Significant
Impact
Less than
Significant
Impact with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact

2.16 Recreation
a) Would the project increase the use of existing
neighborhood and regional parks or other
recreational facilities such that substantial physical
deterioration of the facility would occur or be
accelerated?
b) Does the project include recreational facilities or
require the construction or expansion of recreational
facilities, which might have an adverse physical effect on the environment?
Environmental Evaluation
Setting
The City of Stockton Community Services Department maintains and operates 66 neighborhood, community, and regional parks.83 The General Plan calls for at least 2 acres of neighborhood parks per 1,000 residents and 3 acres of community parks and regional parks per 1,000 residents.84 The closest park to the site is William Long Park, located approximately 1.70 miles northwest of the proposed project site at 4535 Woodchase Lane. The closest community center is Taft Community Center, located 1.73 miles northwest of the project site at 398 Downing Avenue. a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated?
Less than significant impact. The proposed project could increase the use of existing neighborhood and regional parks and facilities. As described above, the proposed project contains warehouse and office uses, and does not propose any residential units. Therefore, an increase in population that would increase the use of parks is unlikely. Additionally, prior to issuance of a building permit, the project applicant will be required to pay a Public Facilities Fee, which would be used to build additional public facilities, including parks when necessary.85 As described above, there are multiple parks available for use in the vicinity of the project site. As a result, the proposed project would be served by adequate recreational facilities and would not substantially increase physical deterioration of a recreational facility. Therefore, impacts would be less than significant. 83 City of Stockton. 2022. Parks and Community Centers. Website: http://www.stocktonca.gov/discover/pcc.html. Accessed April 1, 2022. 84 City of Stockton. 2018. Envision Stockton 2040 General Plan. Website: http://www.stocktonca.gov/files/Adopted_Plan.pdf. Accessed April 1, 2023. 85 City of Stockton. 2022. Public Facility Fees. Website:
https://www.https://www.stocktonca.gov/government/departments/communityDevelop/cdPff.html. Accessed April 1, 2023.

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Environmental Checklist and City of Stockton–South McKinley Avenue East Industrial Project Environmental Evaluation Initial Study/Mitigated Negative Declaration 124 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? No impact. The proposed project contains warehouse and office uses and does not propose any residential units. Therefore, an increase in population that would increase the use of parks is unlikely. As described above, there are multiple parks available for use in the vicinity of the project site. The closest park to the site is William Long Park, located approximately 1.70 miles northwest of the proposed project site, and the closest community center is Taft Community Center, located 1.73 miles from the project site. Furthermore, prior to issuance of a building permit, the project applicant would be required to pay a Public Facilities Fee, which would be used to help increase the service areas of and build additional public facilities, including and parks when necessary.86 The proposed the proposed project does not include the construction of expansion of any recreational facilities that could have an adverse physical effect on the environment. As such, no impact would occur.

Mitigation Measures
None required.
86 City of Stockton. 2022. Public Facility Fees. Website:
https://www.stocktonca.gov/government/departments/communityDevelop/cdPff.html. Accessed April 1, 2023.

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City of Stockton–South McKinley Avenue East Industrial Project Environmental Checklist and Initial Study/Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 125 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx Environmental Issues
Potentially
Significant
Impact
Less than
Significant
Impact with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact

2.17 Transportation
Would the project:
a) Conflict with a program plan, ordinance or policy of the circulation system, including transit, roadway,
bicycle and pedestrian facilities?
b) Would the project conflict or be inconsistent with
CEQA Guidelines Section 15064.3, subdivision (b)?
c) Substantially increase hazards due to a geometric
design feature (e.g., sharp curves or dangerous
intersections) or incompatible uses (e.g., farm
equipment)?
d) Result in inadequate emergency access?
Environmental Evaluation
Setting
The following analysis is based on the TIS dated February 21, 2022, prepared by Advanced Mobility Group and included in Appendix G.87
Street Network
The following transportation facilities provide access to the project site.

Regional Roadways
I-5 is major north–south freeway connecting San Diego to the south and Seattle to the north. In the project area, I-5 extends southward from Stockton as an eight-to-six-lane divided freeway. I-5 connects to I-205, approximately 8 miles to the south of Stockton. I-205 connects to I-580, 13 miles to the west of the connection between I-5 and I-205. I-205 and I-580 provide access to regional employment centers in Pleasanton, San Ramon, and the rest of the San Francisco Bay Area.

Near the project site, I-5 is a six-lane freeway. Primary access to the project site from I-5 is provided via interchanges at French Camp Road and West Mathews Road. The interchange of I-5/French Camp Road is configured as a partial cloverleaf with northwest/southeast loops. The interchange of I5/West Mathews Road is configured as a tight diamond interchange.

SR-99 is located approximately three miles to the east of I-5 near the project area. SR-99 is a north– south freeway that provides access to Sacramento to the north and Bakersfield to the south.

Residents rely primarily on SR-99 for access to the Central Valley (cities like Fresno, Modesto, and 87 Advanced Mobility Group. 2022. Traffic Impact Study for Industrial Development @ 6505 South McKinley Avenue East, Stockton, California. March 9.

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Environmental Checklist and City of Stockton–South McKinley Avenue East Industrial Project Environmental Evaluation Initial Study/Mitigated Negative Declaration 126 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx Merced). Near the project site, SR-99 is a six-lane freeway. Primary access to the project site is provided via an interchange at Arch Airport Road/Arch Road.

Local Roadways
South McKinley Avenue East is a two-lane north–south local street adjacent to the proposed project. The roadway starts from South El Dorado Street to the north and ends at French Camp Road to the south. Two-way left-turn lane is available adjacent to the project frontage. Sidewalk is available on the southbound side ending at the first proposed project driveway east of the project site. The speed limit is 35 miles per hour (mph).

El Dorado Street is a four-lane north–south major arterial roadway that provides connections from downtown Stockton to the southern portion of the City. It is located west of the project site and serves as a major transit route in Stockton. The roadway is proposed as a Class IV facility near the project site as part of the 2017 Stockton Bicycle Master Plan. The speed limit is 45 mph near the project site.

French Camp Road is a two to four-lane minor arterial roadway to the west of the project site that connects Weston Ranch to South McKinley Road and provides a connection to I-5. Traffic coming from the north (Stockton and Sacramento) on I-5 will use this road to get to the project site. Class II facilities are available to the west of the intersection with I-5. The speed limit is 30 mph near the project site.

Arch Airport Road is a three to six-lane east–west major arterial roadway that connects French Camp Road in the west to Arch Road in the east. It serves as a connection between I-5 and SR-99.

Traffic coming from the north (Stockton and Sacramento) on SR-99 will use this roadway to get to the proposed project. Class I facilities are available on near the project site on the Arch Airport Road overpass between French Camp Road and Sperry Road. The speed limit is 45 mph.

Sperry Road is a two to four-lane east–west minor arterial roadway that connects South McKinley Avenue East in the west to Arch Airport Road in the east. The speed limit is 35 mph near the project site.

Arch Road is a two to four-lane east–west arterial roadway to the east of the project site that connects Arch Airport Road to Austin Road and provides access to SR-99 and the Burlington Northern Santa Fe (BNSF) Stockton Intermodal Facility. Traffic coming from the south (Tracy, Manteca, Bay Area) on SR-99 will use this road to get to the project site. The speed limit is 30 mph.

West and East Mathews Road is a two to four-lane east–west arterial roadway that connects from Ash Street in the east to South Wolfe Road in the east and provides a connection to I-5. Traffic coming from the south (Tracy, Manteca, Bay Area) on I-5 will use this road to get to the project site.

It is located west of the project site and serves as a transit route in Stockton. The speed limit is 25 mph.

Ash Street is a two-lane local road that connects French Camp Road and East Mathews Road. The speed limit is 25 mph.

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City of Stockton–South McKinley Avenue East Industrial Project Environmental Checklist and Initial Study/Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 127 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx Harland Road is a two-lane local road that extends from French Camp Road and to the southern city limits. The speed limit is 25 mph.

As noted above:
• Sidewalks are provided on the southbound side of South McKinley Avenue. • Class I bicycle facilities are located on the Arch Airport Road overpass between French Camp Road and Sperry Road.88
• A Class II bicycle facility is located on French Camp Road west of its intersection with I-5.89 • A Class IV bicycle facility is located on El Dorado Street. 90 They are proposed on Sperry Road,
Arch Airport Road east of Airport Way, and French Camp Road from I-5 SB On/Off Ramp intersection to Arch Airport Road overpass.

Transit Service
Transit service within the study area is provided by San Joaquin Regional Transit District. There are several bus stops located within the vicinity of the project area provided by the Number 510 local bus service line. The El Dorado and French Camp stop on the 510 bus line is located approximately

0.8-mile from the project site.

Study Intersections

1. French Camp Road/I-5 Southbound Ramp

2. French Camp Road/I-5 Northbound Ramp

3. French Camp Road/Arch Airport Road

4. French Camp Road/El Dorado Street

5. Arch Airport Road/Airport Way

6. McKinley Avenue/Sperry Road

7. Arch Airport Road/SR 99 Single Point

8. French Camp Road/South McKinley Avenue

9. French Camp Road/Ash Street

10. Ash Street/Harland Road

11. East Matthews Road/El Dorado Street

12. East Matthews Road/I-5 Northbound Ramp

13. East Matthews Road/I-5 Southbound Ramp
88 A Class I Bikeway is a Bike Path provides a separate right-of-way and is designated for the exclusive use of bicycles and pedestrians with vehicle and pedestrian crossflow minimized. 89 A Class II Bikeway is a Bike Lane provides a restricted right-of-way and is designated for the use of bicycles with a striped lane on a street or highway. Vehicle parking and vehicle/pedestrian crossflow are permitted. 90 A Class IV Bikeway isa Separated Bikeway/Cycle Track provides a cycle track or protected bike lane for the exclusive use of bicycles, physically separated from motor traffic with a vertical feature.

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Environmental Checklist and City of Stockton–South McKinley Avenue East Industrial Project Environmental Evaluation Initial Study/Mitigated Negative Declaration 128 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx Regional Regulations
Caltrans Standards
Facilities under the jurisdiction of Caltrans include freeway segments, ramps, ramp terminals, and arterials. Caltrans is responsible for the maintenance and operation of State routes and highways. In Stockton, Caltrans facilities include I-5 and SR-99. Although Caltrans has not designated a Level of Service (LOS) standard, Caltrans’ Guide for the Preparation of Traffic Impact Studies indicates attempts to maintain LOS of a State highway facility between the LOS “C/D” threshold. When existing State highway facilities are operating at higher LOS than noted above, 20-year forecasts or general plan buildout analysis for the facility should be considered to establish equitable project contributions to local development impact fee programs that address cumulative traffic impacts.

CEQA no longer requires an LOS analysis. However, an LOS analysis is provided in the TIS included in Appendix G.

County Standards
SJCOG is responsible for the County’s Congestion Management Program (CMP). SJCOG is responsible for designated county roadways and intersections of regional significance. The minimum acceptable LOS for CMP designated roadways and intersections is LOS D4. Therefore, the TIS uses LOS D as the minimum acceptable standard and mitigation measures are recommended where service levels are below LOS D along roadways and intersections designated in the CMP. CEQA no longer requires an LOS analysis. However, an LOS analysis is provided in the TIS included in Appendix G.

Local Regulations
General Plan Goal TR-4: Effective Transportation Assessments Ensure that traffic related-related impacts of proposed land uses are evaluated and mitigated.

Policy TR-1.1 Ensure that roadways safely and efficiently accommodate all modes and users, including private, commercial, and transit vehicles, as well as bicycles and pedestrians and vehicles for disabled travelers.

Policy TR-4.1 Utilize Level of Service (LOS) information to aid understanding of potential major increase to vehicle delay at key intersections.

Action TR-4.1A Strive for Level of Service (LOS) D or better for both daily roadway segment and peak-hour intersections operations, except for the following additional exceptions in the project area roadways:
• French Camp Road, I-5 to Val Dervin Parkway–LOS F (Because of the physical constraints that limit the improvements that could be constructed.) Would the project:
a) Conflict with a program plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities?
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City of Stockton–South McKinley Avenue East Industrial Project Environmental Checklist and Initial Study/Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 129 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx Less than significant impact. This section assesses whether the proposed project is consistent with applicable regional and local transportation programs, plans ordinances, and policies that were summarized in the Regulatory Framework, above.

Transit Facilities
As described above, the project site is located 0.8-mile from the nearest 510 bus stop. As such, employees taking the 510 bus stop could reasonably walk to the project site. The proposed project would not conflict with General Plan policies related to transit service.

Bicycle Facilities
As described above, there is a Class I bicycle facility located on the Arch Airport Road overpass 1.3 miles from the project site, a Class II bicycle facility on French Camp Road 1.7 miles from the project site, and a Class IV bicycle facility located on El Dorado Street. Class IV bicycle facilities are proposed on Sperry Road, Arch Airport Road, and French Camp Road in the City’s Circulation Element. A Class I bicycle path is currently located along portions of Sperry Road.

There are no bicycle facilities at close walking distance from the project site. According to the Stockton Bicycle Master Plan, there are no plans for future bicycle facilities near the project site. The proposed project will not decrease safety or access to the surrounding area, so it will have no impact on bicycle facilities.

Pedestrian Facilities
As described above, there are existing sidewalks to the north of the project site on South McKinley Avenue. The width of the sidewalks are 8 feet. However, there is a sidewalk gap along South McKinley Avenue adjacent to the project site. The proposed project would install sidewalk along this gap. Therefore, the proposed project would be compliant with General Plan Policy TR-1.1 and access to pedestrian facilities from the project site is expected to be adequate.

The proposed project would not conflict with policies in the General Plan or the Stockton Bicycle Master Plan. Therefore, impacts would be less than significant. b) Would the project conflict or be inconsistent with CEQA Guidelines Section 15064.3, subdivision (b)?
Less than significant impact. Vehicle Miles Traveled (VMT) analysis for the proposed project was completed using the General Plan model for the base Cumulative Year and the Cumulative Plus Project Analysis. The City’s VMT threshold for office land use is 15 percent below the Citywide average for home-based work VMT per employee. The VMT threshold for other land uses is on a case-by-case basis.

Based on the Institute of Transportation Engineers (ITE) Trip Generation, the estimate daily trips generated by the proposed project would be approximately 378 daily trips.

One of the Traffic Analysis Zones (TAZ) near the area, TAZ 232, contains similar industrial and office land use as the proposed project. The City of Stockton VMT guidelines stipulated use of home-based work (HBW) VMT for the proposed project. The VMT per employee from TAZ 232 was used to EXHIBIT 1
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Environmental Checklist and City of Stockton–South McKinley Avenue East Industrial Project Environmental Evaluation Initial Study/Mitigated Negative Declaration 130 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx represent the No Build (NB) condition. The VMT per employee for the With Project (WP) condition was then estimated (project TAZ 276). The estimated VMT per employee for the NB and WP is summarized in Table 12 below.

Table 12: VMT per Employee Summary
TAZ VMT/HBW EMP VMT per Employee
2015 NB 232 8271 401 20.6
2015 WP 276 4782 216 22.1
2040 NB 232 9496 439 21.6
2040 WP 276 4773 216 22.1
Notes:

EMP = employees
NB = No Build condition
TAZ = Traffic Analysis Zones
VMT/HBW = Home Based Work
WP = With Project condition
Source: Advanced Mobility Group. 2022. Traffic Impact Study for Industrial Development @ 6505 South McKinley Avenue East, Stockton, California. March 9.

The City’s significance thresholds for daily VMT are 18.56 for the year 2015 and 15.78 for the year 2040. The NB scenario daily VMT per employee estimate without the proposed project was approximately 21.6 for the year 2040. The WP scenario daily VMT per employee estimate was approximately 22.1. The VMT per employee estimate for 2040 in the WP is approximately 40 percent higher than the threshold required by the City. As such, the project would be required to implement several TDM strategies in order to reduce VMT per employee. These TDM strategies and considerations are included in MM TRANS-1. Based on CAPCOA research, the location of the project within an area that is within close proximity to the airport, Downtown Stockton and the Port of Stockton, in combination with the other industrial centers in the vicinity, could reduce VMT by approximately 13 percent. The total anticipated VMT reduction from this and the other TDM strategies would be 38 percent, as shown in Table 13.

Table 13: TDM Reduction Measures
TDM Measure/Strategy
Estimated VMT
Reduction Description
Land Use/Location
Destination Accessibility 13% 4.2 miles from Downtown/Job Center Neighborhood/Site Enhancements
Pedestrian Network Improvements 2% Project provides pedestrian improvements on-site and connecting off-site
Provide Electric Vehicle Parking 2% Project provides electric vehicle (EV) charging stations and EV only parking
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City of Stockton–South McKinley Avenue East Industrial Project Environmental Checklist and Initial Study/Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 131 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx TDM Measure/Strategy
Estimated VMT
Reduction Description
Commuter Trip Reduction (CTR)
Required CTR Program 21% Includes TDM Coordinator, rideshare program, encourage alternative work
schedules, trip reduction marketing
Freight Transport Management 4% Freight Transport Management Program would be used
Price Workplace Parking 2% Project will implement workplace parking pricing
Total TDM Reduction 38% –
Notes:
* Measures are referenced in "Quantifying Greenhouse Gas Mitigation Measures" report in CAPCOA With implementation of MM TRANS-1, impacts would be less than significant. c) Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Less than significant with mitigation incorporated. Collisions reported at study intersections near the project frontage on S McKinley Avenue were obtained from the Statewide Integrated Traffic Records System (SWITRS) database for a period of five years from January 2017 to December 2021.

There were 21 crashes reported in this area, with no fatal or severe injuries. The total collisions at the two nearest intersections on French Camp Road/S McKinley Avenue and South McKinley Avenue/Sperry Avenue are one (1) and zero (0) respectively. This is not considered high. As such, the Transportation Impact Analysis (TIA) determined that existing corridor conditions and collision patterns would not necessitate any potential improvement countermeasures at this time.

Access to the project site would be provided by two driveways along South McKinley Avenue. At driveways, a clear line of site should be provided between the vehicle waiting at the driveway and the approaching vehicle. The vehicle waiting to either cross, turn left, or turn right, through the driveway should have sufficient time to make that maneuver without requiring the through traffic to drastically alter their speed.

The recommended sight distance standards include a stopping site distance of 250 feet for a design speed of 35 mph. Field observations conducted for the TIS found that this site distance of both proposed driveways would be compliant with this standard.

In addition, based on Municipal Code Section 16.36.140, the required sight area dimension is a 30 feet by 30 feet sight triangle from the corner of the property line. Any improvements, vegetation, or other obstructions within that sight triangle area must be less than 30 inches from the ground. Sight Distance at both driveways is adequate since all landscaping on South McKinley Avenue would be maintained below 30 inches high.

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Environmental Checklist and City of Stockton–South McKinley Avenue East Industrial Project Environmental Evaluation Initial Study/Mitigated Negative Declaration 132 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx Furthermore, the TIS evaluates project truck circulation. As a vehicle approach the project site from French Camp Road to the south on South McKinley Avenue East, the vehicle would encounter a horizontal curve on the road that leads to the driveway. Any vehicle driveway northbound might meet a large truck waiting on the median to enter the driveway. Because of the horizontal curve, a fast driving vehicle might not be able to stop in time and could rear end a large truck. As such, MM TRANS-2 requires that trucks only be allowed to exit and not enter the southernmost project driveway.

Because collision risk in the area is low and site distance and truck circulation would be adequate, impacts would be less than significant with mitigation incorporated. d) Result in inadequate emergency access?
Less than significant impact. The project consists of the construction of a warehouse building and associated office space in a developed area of the City. Emergency preparedness is managed by the City’s OES for disaster preparedness, readiness, City departments response, and mitigation.91 The City adopted its most recent version of its EOP in June 2012. The EOP addresses the City’s planned response to extraordinary emergency situations associated with natural disasters, technological incidents, and national security emergencies. The EOP establishes the emergency management organization required to mitigate any significant emergencies and identifies roles and responsibilities required to protect the health and safety of Stockton residents and property. In addition, the EOP establishes operations concepts associated with a field response to emergencies.92 The EOP recommends that all businesses develop comprehensive emergency plans but does not require them. Adequate emergency access to the project site would be provided by two 35-foot-wide driveways along South McKinley Avenue at the north and south ends of the project site and continue around the perimeter of the proposed building. Furthermore, the TIS evaluated truck circulation at the project site and determined that it would be adequate with implementation of MM TRANS-2.

Therefore, it can be assumed that large emergency vehicles would be able to circulate the project site safely. Impacts would be less than significant with mitigation incorporated.

Mitigation Measures
MM TRANS-1 Transportation Demand Management
The project shall implement the following Transportation Demand Management (TDM) strategies as detailed in the Transportation Impact Analysis (TIA):

1. Pedestrian Network Improvements.

Provide a safe and accessible pedestrian network that links the project site to other areas. The proposed project would provide design elements that enhance walkability and connectivity, including low-speed internal roadways. The 91 City of Stockton. 2019. Emergency Preparedness. Website:
http://www.stocktonca.gov/government/departments/fire/emerge.html. Accessed April 1, 2023. 92 City of Stockton. June 2012. Emergency Operations Plan.

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City of Stockton–South McKinley Avenue East Industrial Project Environmental Checklist and Initial Study/Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 133 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx proposed project will also close the City’s sidewalk gap and provide a connection to the City’s existing sidewalk network.

2. Electric Vehicle Parking and Neighborhood Electric Vehicle (NEV) Network The project will provide NEV parking, charging facilities, striping, and signage.

3. Commuter Trip Reduction Program
The proposed project would implement a Commuter Trip Reduction (CTR) program. The following strategies would be implemented as part of the program:
a. Implement a Commuter Trip Reduction Program
i. TDM Coordinator:

This person would be responsible for implementing and managing the proposed project’s TDM plan, ensure all employees are aware of all available transportation options, and serve as the point of contact for all employees to answer any TDM-related questions. The following services would be provided by the TDM Coordinator:
• Provide information packets to all new employees.
• Set up and maintain an on-site and/or online TDM board/kiosk with information on non-auto transportation alternatives and promotional programs.
• Provide trip planning assistance to employees considering an alternative mode, including carpool/vanpool ride-matching and bicycle buddy matching services.

The appointed Transportation Coordinator would provide
transportation information packets to all new residents and employees upon move-in. The packets would include local and regional bikeway maps, bicycling resources, local and regional transit maps, locations of nearest transit stops, local and regional transit schedules of adjacent routes, trip planning resources, ride-matching/sharing programs, and contact information for the Transportation Coordinator. The new tenant information packets would also be made available to employees via the on-site and/or online TDM board.
ii. TDM Marketing/TDM board
The TDM Coordinator will maintain an on-site TDM board with information on transportation alternatives. The information provided should contain information on:
• Local and regional transit routes
• Ride-matching services and any available discount/incentive programs • Trip planning resources in San Joaquin County and the City of Stockton • Safety tips for cyclists and pedestrians
To be effective, the coordinator will need to update the board with upto-date information, commuter alerts, and new proposed TDM measures or incentives. Along with this board, the TDM Coordinator will also need to continuously promote TDM measures through marketing. Marketing can be accomplished through the following measures:

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Environmental Checklist and City of Stockton–South McKinley Avenue East Industrial Project Environmental Evaluation Initial Study/Mitigated Negative Declaration 134 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx - Yearly survey of employees on their modes of transportation to work - Marketing campaigns/events to encourage alternative travel modes - Produce courses/guides that promote the benefits of alternative transportation
iii. Ride Sharing/Carpooling
TDM Coordinator would set up a ride sharing/carpooling program that can increase vehicle occupancy and reduces the number of vehicles driving the same trip, resulting in decreased TDM. To encourage carpooling, the proposed project would provide a designated on-site passenger loading space and provide an on-site and/or online message board for coordinating rides.

The coordinator would also provide information on the Van Go! Rideshare service as part of the TDM Board and the new employee guide. This service can be used throughout San Joaquin County and is booked through an online website or mobile application. Up to three people in the group can use this service with the first 5 miles driven costs $4 per person. Any additional miles after those first five miles using the service cost $0.50 per person.
iv. Alternative Work Schedule Program
TDM Coordinator would setup an alternative work schedules program that can help reduce peak-period commute and accommodate ride sharing. Alternative work schedules include:
• Flextime: Employees can work within a given time period rather than a rigid schedule. For example, a company typically working from 8:00 to 4:30 can have some employees work from 7:30 to 4:00 and others from 9:00 to 5:30.
• Compressed Work Week: Employees work longer but fewer days. They can do a 4/40 schedule (four 10-hour work weeks), or a 9/80 schedule (9-hour work days and a day off every two weeks).
a. Price Parking Program
A Price Parking Program is meant to charge employees for parking at the work site instead of providing free parking. By charging for parking, employees will be encouraged to find alternative modes of transportation to work. The revenue received by the price parking program would be used to fund parts of the CTR program.

The parking program would charge daily parking instead of monthly parking to increase parking prices and decrease accessibility of employees paying parking. Employees would pay through an electronic pay box. Guests and employees who only drive occasionally would pay through the TDM Coordinator at the front office/counter.
b. Freight Transport Management
A Freight Transport Management Program would be implemented to mitigate truck traffic and would be coordinated by a Logistics EXHIBIT 1
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City of Stockton–South McKinley Avenue East Industrial Project Environmental Checklist and Initial Study/Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 135 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx Manager. This manager can improve fright transportation efficiency with the following measures:
• Improve scheduling and routing to reduce freight vehicle mileage and empty backhauls.

The Logistics Manager can schedule freight deliveries making sure that they deliver as much shipment as possible. This will reduce the number of freight trips with half hauls or trips with empty backhauls.
• Organize regional delivery systems so fewer vehicle trips are needed to distribute goods.

The Logistics Manager can contact regional warehouses to allow sharing of resources and freight consolidation. If two
warehouses within the same area are delivering similar
products, they can coordinate and share a single truck instead of using two trucks for the delivery.

Implement weight distance charges.

A special impact fee would be charged to freight based on the number of miles traveled.
• Change freight delivery times to reduce congestion.

The Logistics Manager would schedule more truck deliveries between the off-peak hours instead of peak hours.

MM TRANS-2 The proposed project shall only allow trucks to exit and not enter from the southernmost project driveway in order to prevent collisions.

EXHIBIT 1
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Environmental Checklist and City of Stockton–South McKinley Avenue East Industrial Project Environmental Evaluation Initial Study/Mitigated Negative Declaration 136 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx Environmental Issues
Potentially
Significant
Impact
Less than
Significant
Impact with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact

2.18 Utilities and Service Systems
Would the project:
a) Require or result in the relocation or construction of new or expanded water, wastewater treatment or
stormwater drainage, electric power, natural gas, or
telecommunications facilities, the construction or
relocation of which could cause significant
environmental effects?
b) Have sufficient water supplies available to serve the project and reasonably foreseeable future development
during normal, dry and multiple dry years?
c) Result in a determination by the wastewater treatment provider which serves or may serve the project that it
has adequate capacity to serve the project’s projected
demand in addition to the provider’s existing
commitments?
d) Generate solid waste in excess of State or local
standards, or in excess of the capacity of local
infrastructure, or otherwise impair the attainment of
solid waste reduction goals?
e) Comply with federal, State, and local management and reduction statutes and regulations related to solid
waste?
Environmental Evaluation
Setting
Water
The project area is served by COSMUD. COSMUD obtains its water from the San Joaquin River, the Eastern San Joaquin Groundwater Subbasin and from the SEWD. Surface water from the San Joaquin River is diverted at the Intake Pump Station on Empire Tract in the Sacramento-San Joaquin Delta and treated at the City’s Delta Water Treatment Plant (DWTP), with supplemental surface water from the Mokelumne River diverted and conveyed by Woodbridge Irrigation District (WID), and treated at the City’s DWTP, when the City’s supplies from the San Joaquin River are curtailed. Water provided by SEWD is treated surface water from the New Melones (Stanislaus River) and New Hogan (Calaveras River) Reservoirs.93
93 City of Stockton Municipal Utilities Department. 2021. Water Master Plan Update. January.

EXHIBIT 1
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City of Stockton–South McKinley Avenue East Industrial Project Environmental Checklist and Initial Study/Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 137 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx Wastewater
The Stockton RWCF provides primary, secondary, and tertiary treatment of municipal wastewater collected from the City. The project site does not currently have access to a wastewater line.

Stormwater
The project site is currently entirely pervious surfaces.

Solid Waste
The project site is in the Waste Management service area for waste pickup services. Solid waste collected by Waste Management is taken to the Forward Landfill in Manteca or the North County Landfill in Lodi. Construction and demolition material and some commercial loads are processed at the East Stockton Transfer Station. Residuals form the East Stockton Transfer Station are disposed at Forward Landfill.94
Electricity and Gas
PG&E would provide electricity and gas to the project site.

Would the project:
a) Require or result in the relocation or construction of new or expanded water, wastewater treatment or stormwater drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects? Less than significant impact.

Water
The project site is currently within the service are for the Stockton potable water system, and connection to the system will be available upon annexation. The proposed project would install a 16- inch water line parallel to the existing water lines in South McKinley Avenue. Prior to issuance of building permits, the applicant would be required to submit information regarding new on-site infrastructure and any modifications to the existing water infrastructure. The applicant would be required to pay a water service connection fee to COSMUD. Any construction of water infrastructure would be required to comply with the utility construction BMPs established from an SWPPP.

COSMUD adopted their Water Master Plan Update (WMPU) in January 2021. The WMPU outlines strategies and plans to increase water delivery capacity in order to meet the anticipated demand in COSMUDs service area. As such, impacts would be less than significant.

Wastewater
The proposed project would extend a 10-inch sanitary sewer line connecting to a 24-inch sanitary sewer line extending approximately 2,400 feet north of the project site near the intersection at Sperry Road (Exhibit 6). Arch Airport Road and South McKinley Avenue, approximately 2,000-feet north of the project site. On-site sewer lines would be installed to provide service to future development, and the on-site system would connect to the proposed sewer extension. An on-site 94 City of Stockton. June 2018. Envision Stockton 2040 General Plan Update and Utility Master Plan Supplements Draft EIR.

EXHIBIT 1
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Environmental Checklist and City of Stockton–South McKinley Avenue East Industrial Project Environmental Evaluation Initial Study/Mitigated Negative Declaration 138 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx pump station would be included in the proposed extension. The proposed project would be required to pay a sewer connection fee. Impacts related to this extension of the sanitary sewer line are evaluated as off-site improvements in all Sections 2.1 through 2.19 of this document. Furthermore, the applicant would be required to pay a sewer hook-up fee. As such, impacts would be less than significant.

Stormwater
The proposed project would create pervious surfaces on a large portion of the project site, which would cause increased stormwater runoff, and require the construction of stormwater control infrastructure. The proposed project would direct stormwater to an underground mechanical stormwater treatment facility including two parallel underground storage pipes, where water quality treatment would occur. Then, water would be directed to the existing ditch north of the project site, which eventually leads to French Camp Slough. The mechanical treatment process would be designed to treat stormwater volumes of up to 21,000 cubic feet. Furthermore, the proposed project would construct a sidewalk and gutter to collect stormwater runoff from McKinley Avenue. The street runoff would be direct to proposed storm pipes within McKinley Avenue. Therefore, impacts would be less than significant.

Electricity and Natural Gas
The project site would be serviced by PG&E for electricity and gas. The proposed project site would connect to existing overhead electricity lines at South McKinley Avenue. The proposed design of the building does not provide a natural gas service connection.

For the reasons described above impacts would be less than significant. b) Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years?
Less than significant impact. The proposed project would develop 179,000 square feet of warehouse space and 5,000 square feet of office space on a vacant site. This would result in an increase in potable water usage at the project site. Table 14 below shows COSMUD’s supply and demand projections through the year 2040 for normal, single dry, and multiple dry years.

Table 14: Water Supply Demand Comparison for Normal, Single Dry, and Multiple Dry Years in the COSMUD Service Area
COSMUD Water Supply/Demand 2025 2030 2035 2040
Normal Year
Supply 75,700 75,700 92,100 92,100
Demand 36,856 39,217 41,749 44,465
Difference 38,844 36,483 50,351 47,635
Single Dry Year
Supply 69,700 69,700 86,100 86,100
EXHIBIT 1
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City of Stockton–South McKinley Avenue East Industrial Project Environmental Checklist and Initial Study/Mitigated Negative Declaration Environmental Evaluation FirstCarbon Solutions 139 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx COSMUD Water Supply/Demand 2025 2030 2035 2040
Demand 36,856 39,217 41,749 44,465
Difference 32,844 30,483 44,351 41,365
Multiple Dry Year
Supply 69,700 69,000 86,100 86,100
Demand 36,856 39,217 41,749 44,465
Difference 32,844 30,483 44,351 41,635
Source: City of Stockton. June 2018. Envision Stockton 2040 General Plan Update and Utility Master Plan Supplements Draft EIR.

As shown above, COSMUD is expected to have a surplus water supply through the year 2040, even under the multiple dry year scenario. The projected water demand for the proposed project is 16 acre-feet annually. As such, it can be expected that COSMUD would have enough water supplies to provide the amount of water that would be needed for operation of the proposed project. Impacts would be less than significant.
c) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments?
Less than significant impact. The project site is not presently connected to a wastewater collection and treatment system and contains no individual wastewater disposal systems. Once the project site is annexed into the City, it would be served by the City’s existing wastewater collection and treatment system. The proposed project would convert vacant land to 179,000 square feet of warehouse space and 5,000 square feet of office space, which would increase wastewater usage onsite. The RWCF has the capacity to treat 55 million gallons of sewage per day.95 Currently, the RWCF collects and treats an average of 33 million gallons of wastewater daily (mgd). The General Plan EIR predicts an average dry weather flow of 40.2 mgd for the year 2035 and 46.3 mgd in the year 2045.96 The proposed project is expected to generate 16 acre-feet or approximately 0.01 mgd per day, which is less than 0.001 percent of the expected dry weather flow in 2035. Therefore, it can be assumed that there is wastewater treatment capacity for the proposed project. Impacts would be less than significant.
d) Generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? Less than significant impact. Significant impacts could occur if the proposed project would exceed the existing permitted landfill capacity or violate federal, State, and local statutes and regulations. As described above, Waste Management would provide solid waste pickup services for the project site.

Construction waste would be taken to the East Stockton Transfer Station before being taken to 95 City of Stockton. Wastewater (Sewer). Website:
http://www.stocktonca.gov/government/departments/municipalUtilities/utilSewer.html. Accessed January 31, 2023. 96 City of Stockton. 2018. Envision Stockton 2040 General Plan Update and Utility Master Plan Supplements Draft EIR. June.

EXHIBIT 1
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Environmental Checklist and City of Stockton–South McKinley Avenue East Industrial Project Environmental Evaluation Initial Study/Mitigated Negative Declaration 140 FirstCarbon Solutions Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5576/55760004/ISMND/55760004 Stockton South McKinley Ave East Industrial Project ISMND.docx Forward Landfill. Operational Waste would be taken to either Forward Landfill or the North County Landfill & Recycling Center. As shown in Table 15 below, the total remaining capacity between the two landfills is expected to be 60,120,669.

Table 15: Landfill Capacities
Facility
Max Permitted
Throughput
(tons per day)
Maximum Permitted
Capacity (cubic yards)
Remaining Capacity
(cubic yards)
Forward Landfill 8,668 59,160,000 24,720,669
North County Landfill and Recycling Center 835 41,200,000 35,400,000 Total 9,503 100,360,000 60,120,669
Source: CalRecycle. SWIS Facility/Site Search. Website: https://www2.calrecycle.ca.gov/SolidWaste/Site/Search. Accessed January 31, 2023.

Because no demolition is required at the project site, the proposed project is not expected to generate a substantial amount of construction water. According to CalRecycle, warehouse uses typically produce 1.42 pounds of waste per 100 square feet per day and office uses typically produce