City Council and Concurrent Authorities
City of Stockton
Meeting Agenda - Final
City Council and
Concurrent Authorities
Christina Fugazi, Mayor/Chair (At Large)
Jason Lee, Vice Mayor (District 6)
Michele Padilla (District 1)
Mariela Ponce (District 2)
Michael Blower (District 3)
Mario Enríquez (District 4)
Brando Villapudua (District 5)
Council Chamber, City Hall, 425 N. El Dorado
Street, Stockton CA
Tuesday, July 15, 2025 4:00 PM
Closed Session 4:00 PM :: Regular Session 5:30 PM
1. CLOSED SESSION CALL TO ORDER/ROLL CALL
2. ADDITIONS TO CLOSED SESSION AGENDA
3. ANNOUNCEMENT OF CLOSED SESSION
3.1 25-0730 CONFERENCE WITH LABOR NEGOTIATOR
Recommended Action: Agency Designated Representative: Interim City Manager; Deputy City Manager Chad Reed; City Attorney; Director of Human Resources; Assistant Director of Human Resources; Jasmine Pantoja, Supervising HR Analyst; Maria Pina, Supervising HR Analyst; Brandon Sepulveda, Interim Budget Officer; and Legal Counsel, Dania Torres Wong of Sloan Sakai Employee Organizations: Unrepresented Units, Stockton City Employees' Association, Operating Engineer's Local 3, Mid-Management/Supervisory Level Unit, Unrepresented Management/Confidential, Law Department, Stockton Police Management Association, Stockton Firefighters Local 456 International Association of Firefighters, Stockton Fire Management, Stockton Police Officers' Association (SPOA)
This Closed Session is authorized pursuant to section 54957.6(a) of the Government Code.
Department: Human Resources
3.2 25-0729 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Number of Cases: Four
Name of Case: Fire Captain Sean Caywood, (Workers’
Compensation Appeals Board Case Nos.
ADJ5585248; ADJ7867140; ADJ7390593 and
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ADJ12707782)
Name of Case: Fire Captain Vidal Fortuna, (Workers’
Compensation Appeals Board Case Nos.
ADJ1842981, ADJ9085285, and ADJ9381665)
Name of Case: Police Officer Martin Gonzalez, (Workers’ Compensation Appeals Board Case Nos.
ADJ1842981, ADJ9085285, and ADJ9381665)
Name of Case: Fire Captain Jeffrey Young, (Workers’
Compensation Appeals Board Case No.
ADJ1270320)
This Closed Session is authorized pursuant to section 54956.9(d)(1) of the Government Code to discuss matters
pertaining to existing litigation.
Department: Human Resources
3.3 25-0789 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
Recommended Action: City Clerk
This Closed Session is authorized pursuant to Government Code section 54957(b).
Department: None
3.4 25-0790 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
Recommended Action: City Attorney
This Closed Session is authorized pursuant to Government Code section 54957(b).
Department: None
3.5 25-0801 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
Recommended Action: Interim City Manager
This Closed Session is authorized pursuant to Government Code section 54957(b).
Department: None
3.6 25-0798 PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL RELEASE Recommended Action: This Closed Session is authorized pursuant to Government Code Section 54957.
Department: None
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3.7 25-0800 PUBLIC EMPLOYEE APPOINTMENT
Recommended Action: This Closed Session is authorized pursuant to Government Code section 54957.
Title: City Manager
Department: None
4. CLOSED SESSION PUBLIC COMMENT*
5. RECESS TO CLOSED SESSION
6. REGULAR SESSION CALL TO ORDER/ROLL CALL
7. INVOCATION/PLEDGE TO FLAG
8. REPORT OF ACTION TAKEN IN CLOSED SESSION
9. ADDITIONS TO REGULAR SESSION AGENDA***
10. RECOGNITIONS, ANNOUNCEMENTS, OR REPORTS
11. PUBLIC COMMENTS* – MATTERS NOT ON THE AGENDA
12. CONSENT AGENDA
12.1 25-0769 APPROVAL OF CITY COUNCIL MINUTES
Recommended Action: RECOMMENDATION
Approve the minutes from the City Council meeting of April 29, 2025, May 13, 2025, June 2, 2025, June 3, 2025, June 4, 2025, June 5, 2025, and June 24, 2025
Department: City Clerk
Attachment A – 2025-04-29
Attachment B - 2025-05-13
Attachment C - 2025-06-02
Attachment D - 2025-06-03
Attachment E - 2025-06-04
Attachment F - 2025-06-05
Attachment G - 2025-06-24
Attachments:
12.2 25-0747 APPOINTMENTS TO THE CLIMATE ACTION PLAN ADVISORY
COMMITTEE
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Recommended Action: RECOMMENDATION
Adopt a resolution appointing the Mayor's seven recommended community members to serve on the seven-member Climate Action Plan Advisory Committee for four-year terms effective immediately and ending January 31, 2029.
Department: City Clerk
Attachment A - Resolution 2013-09-24-1210
Attachment B - Redacted Applications
Attachments:
12.3 25-0619 ADOPTION OF PROPOSED COUNCIL POLICY MANUAL CHAPTER
2.09 - PUBLIC RECORDS REQUESTS
Recommended Action: RECOMMENDATION
Staff recommends that the City Council adopt by resolution the proposed Council Policy Manual (CPM) Chapter 2.09 - Public Records Requests.
Department: City Clerk
Attachment A - Administrative Directive LAW - 02
Attachment B - Draft CPM Chapter 2.09
Proposed Resolution
Exhibit 1
Attachments:
12.4 25-0752 ADOPT A RESOLUTION APPOINTING A MEMBER OF THE MEASURE A CITIZENS’ ADVISORY COMMITTEE
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution ratifying the appointment of Duwayne Chavez to the Measure A Citizens' Advisory Committee for a term beginning immediately upon appointment and ending January 31, 2029.
Department: City Clerk
Attachment A - Redacted Application
Proposed Resolution
Attachments:
12.5 25-0770 APPROVE A MOTION TO ENTER INTO AN AGREEMENT FOR A
ONE-TIME GENERAL FUND TRANSFER OF FUNDS TO GOSPEL
CENTER RESCUE MISSION IN THE AMOUNT OF $150,000
Recommended Action: RECOMMENDATION
It is recommended that City Council approve by motion an agreement with Gospel Center Rescue Mission Inc. for a one-time transfer of funds in the amount of $150,000 from the City Council's Fiscal Year 2023-24 Year-End Discretionary fund.
It is also recommended that the motion authorize the City Manager to take appropriate and necessary actions to carry out the purpose and intent of the motion.
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Department: City Manager
Attachment A – Resolution 2025-04-15-1501
Attachment B - Agreement with Gospel Center Rescue Mission Attachments:
12.6 25-0692 RESOLUTION APPOINTING MIKAELA CABANG TO THE
STOCKTON ARTS COMMISSION AS YOUTH ARTS COMMISSIONER
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Appoint Mikaela Cabang to the Stockton Arts Commission as the Youth Arts Commissioner for a one-year term beginning immediately and ending June 30, 2026.
2. Authorize the City Manager to take whatever actions are appropriate and necessary to carry out the purpose and intent of this Resolution.
Department: Community Services
Attachment A - Redacted Applications
Proposed Resolution
Attachments:
12.7 25-0713 ADOPT A RESOLUTION AUTHORIZING THE ACCEPTANCE,
APPROPRIATION, AND BUDGETING OF GRANT FUNDING FROM
THE STATE OF CALIFORNIA DIVISION OF BOATING AND
WATERWAYS UNDER THE WATERWAY CONNECTIONS INITIATIVE
GRANT
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution:
1. Authorizing the City Manager, or designee, to accept and appropriate the grant award, conduct all negotiations, sign and submit all documents including applications, agreements, amendments, and payment requests, and make all necessary and appropriate actions in compliance with the grant terms and provisions of the State of California Division of Boating and Waterways funding;
2. Authorizing the filing of an appropriate environmental review under the California Environmental Quality Act (CEQA) by December 31, 2025; and
3. Authorizing the City Manager to take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution.
Department: Economic Development
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Attachment A - Louis Park Boat Launch Rendering
Attachment B - Resolution 2024-12-03-1210
Attachment C - CEQA Louis Park Boating Facilities Grant Proposed Resolution - DBAW Boat Launch
Exhibit 1 - Louis Park WCI Award Letter
Exhibit 2 - Louis Park WCI Standard Agreement
Attachments:
12.8 25-0262 ADOPT A RESOLUTION TO ALLOCATE GRANT FUNDING FROM
THE HOMELESS HOUSING, ASSISTANCE AND PREVENTION
(HHAP) PROGRAM TO PERMANENT AND INTERIM HOUSING
PROJECTS AND APPLY FOR, ACCEPT, AND APPROPRIATE
GRANT FUNDING FROM HHAP ROUND 6
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Approve and allocate the following HHAP recommendations for funding in the total of $3,886,680, which includes the following 5 projects:
* $409,010.00 to Children's Home of Stockton for the Catalyst Project. * $409,010.00 to Lutheran Social Services of Stockton for Project Hope. * $409,010.00 to PREVAIL of Stockton for the Propel Project. * $1,244,210.00 to St. Mary's Community Services for Pathways Neighborhood.
* $1,415,440.00 to Delta Community Developers Corp. for Harding Way Apartments.
2. Authorize staff to apply for, accept, and appropriate grant funding for Round 6 of the Homeless Housing, Assistance and Prevention Grant Program.
3. Authorize the City Manager, or designee, to enter into and execute any associated documents and take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Department: Economic Development
Attachment A - Resolution 2022-06-21-1203
Attachment B - Approved Motion 2022-11-15-1602
Attachment C - HHAP Project Recommendations
Attachment D - Regional Goals
Attachment E - HHAP Funding and Expenditure Timelines
Proposed Resolution
Attachments:
12.9 25-0719 AUTHORIZE A COOPERATIVE PURCHASING AGREEMENT WITH City of Stockton Page 6 Printed on 7/10/2025
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BENCHMARK SOLUTIONS LLC FOR PREDICTIVE ANALYTICS
SERVICES
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Approve findings pursuant to Stockton Municipal Code 3.68.070 in support of an exception to the competitive bidding process.
2. Authorize the City Manager to enter into a Cooperative Purchasing Agreement with Benchmark Solutions LLC (Attachment A - PRISM MSA), for an annual not-to-exceed amount of $120,960.
It is also recommended that the City Manager be authorized to take necessary and appropriate actions to carry out the purpose and intent of this resolution.
Department: Human Resources
Attachment A - PRISM MSA
Proposed Resolution
Attachments:
12.10 25-0683 APPROVE MOTION TO AMEND COOPERATIVE AGREEMENT WITH ROBERT HALF, INC.
Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a motion to:
1. Approve findings pursuant to Stockton Municipal Code 3.68.070 in support of an exception to the competitive bidding process.
2. Authorize City Manager to extend Cooperative/Piggyback Agreement, Contract No. 21-1160-6025, with Robert Half, Inc., to provide temporary support services, in the total not to exceed amount of $400,000.
It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this motion.
Department: Human Resources
Attachment A – Amendment 1 to the Agreement with Robert Half Inc.
Attachment B – Agreement with Robert Half Inc.
Proposed Resolution
Attachments:
12.11 25-0693 APPROVE FINDINGS AND AWARD A CONTRACT TO VERDANTAS INC. TO COMPLETE AN URBAN WATER MANAGEMENT PLAN
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Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Approve findings pursuant to Stockton Municipal Code section 3.68.070 which support and justify an exception to the competitive bidding process.
2. Award a two-year contract to Verdantas Inc. in the amount of $104,467 to complete an Urban Water Management Plan to satisfy all Department of Water Resources (DWR) requirements.
It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Department: Municipal Utilities
Proposed Resolution
Exhibit 1 - Contract
Attachments:
12.12 25-0554 APPROVE FINDINGS AND AWARD A CONTRACT TO VERDANTAS INC. TO COMPLETE A WATERSHED SANITARY SURVEY FOR THE
WATER UTILITY
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Approve findings pursuant to Stockton Municipal Code section 3.68.070 which support and justify an exception to the competitive bidding process.
2. Award a two-year contract to Verdantas Inc. in the amount of $103,257, to complete a Watershed Sanitary Survey to satisfy the California Surface Water Treatment Rule requirements. (Exhibit 1 to the Resolution).
It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Department: Municipal Utilities
Proposed Resolution
Exhibit 1 - Contract
Attachments:
12.13 25-0632 APPROVE FINDINGS AND AWARD AN ENGINEERING SERVICES CONTRACT TO CAROLLO ENGINEERS, INC. FOR THE WESTSIDE
SEWER INTERCEPTOR CONDITION ASSESSMENT (UW20018)
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Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Approve findings pursuant to Stockton Municipal Code section
3.68.070, which support and justify an exception to the competitive bidding process.
2. Authorize a Professional Engineering Services Contract in the amount of $183,124 with Carollo Engineers, Inc. of Sacramento, CA, to perform a condition assessment of the Westside Sewer Interceptor. (Exhibit 1 to the Resolution).
It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Department: Municipal Utilities
Proposed Resolution
Exhibit 1 - Contract
Attachments:
12.14 25-0634 APPROVE MOTION TO EXECUTE A TWO-YEAR
COOPERATIVE/PIGGYBACK PURCHASE AGREEMENT WITH UP
TO TWO (2) ADDITIONAL YEARS OPTION TO EXTEND WITH
REGION 4 EDUCATION SERVICE CENTER (ESC) FOR PEREGRINE
IN AN AMOUNT NOT TO EXCEED $467,000
Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a motion to:
1. Authorize the City Manager to execute a two (2) year Cooperative/Piggyback Purchase Agreement with an option to extend for up to two (2) additional years between the City of Stockton and Peregrine for a real-time data visualization platform to integrate a broad range of current and evolving technologies, not to exceed $467,000.
2. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process; and
3. It is further recommended that the City Manager is hereby authorized and directed to make any and all expenditures on behalf of the City as appropriate and necessary to carry out the purpose and intent of this motion.
Department: Police
Attachments: Attachment A - Carahsoft Cooperative Agreement
12.15 25-0620 APPROVE MOTION TO EXECUTE AN AMENDMENT TO THE STANDARD AGREEMENT WITH KRUEG THERAPY SERVICES, INC.
IN THE AMOUNT OF $108,700
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Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a motion to:
1. Authorize the City Manager to approve Amendment No. 1 with Krueg Therapy Services (Krueg), in the amount of $108,700; and
2. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process; and
3. It is further recommended that the City Manager is hereby authorized and directed to make any and all expenditures and appropriations on behalf of the City as appropriate and necessary to carry out the purpose and intent of this motion.
Department: Police
Attachment A - Krueg Therapy Services Amendment 1
Attachment B - Krueg Therapy Services Standard Agreement Attachments:
12.16 25-0670 ADOPT A RESOLUTION AND RATIFY THE EMERGENCY
CONSTRUCTION CONTRACT FOR THE WEBER POINT EVENT
CENTER FOUNTAIN REPAIRS PROJECT
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Appropriate funds in the amount of $260,182 from Fiscal Year 2022-23 Discretionary Projects Contingency Funds to the Parks Special Services Operating Account.
2. Approve Notice of Exemption No. NOE28-25 under the California Environmental Quality Act for the Weber Point Event Center Fountain Repairs, Project No. OM-25-130.
3. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process.
4. Approve findings and ratify the City Manager's approval to execute an Emergency Construction Contract to Soracco, Inc. of Lodi, CA, in the amount of $260,181.40, for the Weber Point Event Center Fountain Repairs, Project No. OM-25-130.
It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Department: Public Works
Proposed Resolution
Exhibit 1 - NOE28-25
Exhibit 2 - Executed Contract
Attachments:
12.17 25-0572 ADOPT RESOLUTION TO AUTHORIZE THE MATTIE HARRELL City of Stockton Page 10 Printed on 7/10/2025
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PLAYGROUND REPLACEMENT PROJECT
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process.
2. Approve Notice of Exemption No. NOE21-25 under the California Environmental Quality Act for the Mattie Harrell Playground Replacement, Project No. WP24045.
3. Approve the plans and specifications for the Mattie Harrell Playground Replacement, Project No. WP24045.
4. Award a Construction Contract in the amount of $387,868.75 to Ross Recreation Equipment Company, Inc. of Santa Rosa, CA, for the Mattie Harrell Playground Replacement, Project No. WP24045.
It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Department: Public Works
Attachment A - Vicinity Map
Attachment B - Plans and Specifications
Proposed Resolution
Exhibit 1 - Notice of Exemption
Exhibit 2 - Construction Contract
Attachments:
12.18 25-0278 APPROVE MOTION TO AUTHORIZE THE WATER PIPELINE UPSIZING - PRIORITY 1 AND 2 PROJECTS
Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a motion to:
1. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process.
2. Award a Professional Services Contract to West Yost Associates, Inc. of Davis, CA, in the amount of $994,984, for design of the Water Pipeline Upsizing - Priority 1 and 2, Project Nos. UH22006 and UH22007.
It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this motion.
Department: Public Works
Attachment A - Vicinity Map and List of Locations
Attachment B - Professional Services Contract
Attachments:
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12.19 25-0551 ADOPT RESOLUTION TO AUTHORIZE THE SOUTH TUXEDO
AVENUE SEWER TRUNK REHABILITATION PROJECT
Recommended Action: 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.
Department: Public Works
Attachment A - Vicinity Map
Proposed Resolution
Exhibit 1 - Notice of Exemption
Exhibit 2 - Construction Contract
Attachments:
13. ADMINISTRATIVE MATTERS
14. UNFINISHED BUSINESS
15. NEW BUSINESS
15.1 25-0674 COMMUNITY WELL-BEING PROJECT UPDATES: MOBILE
COMMUNITY RESPONSE TEAM, OPIOID SETTLEMENT
AGREEMENTS, AND CARE SOLACE COORDINATION HUB
SERVICES
Recommended Action: RECOMMENDATION
Informational only; no action to be taken.
Department: City Manager
Attachments: PPT - 15.1 - Community Well-Being Project Update
15.2 25-0721 AUTHORIZE APPROVAL OF FINDINGS AND RATIFY FINAL
EXPENSES FOR THE SALVAGE AND DISPOSAL OF THE
DERELICT MOTOR VESSEL AURORA
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Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Approve findings pursuant to Stockton Municipal Code section 3.68.070 which 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.
Department: Municipal Utilities
Proposed Resolution - Aurora Ratification 062225
PPT - 15.2 - Final Expenses for the Salvage and Disposal of Aurora Attachments:
15.3 25-0793 COUNCIL DISCUSSION REGARDING THE CREATION AND
DISSOLUTION OF THE AD HOC COMMITTEE FOR CITY MANAGER
SELECTION
Recommended Action: 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.
Department: City Attorney
Attachment A - Resolution 2025-02-04-1505
Attachment B - Recruitment Contract.pdf
Attachments:
16. HEARINGS**
16.1 25-0664 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)
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Recommended Action: 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.
Department: Community Development
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
Proposed Resolution - Mitigated Negative Declaration
Exhibit 1 - Mitigated Negative Declaration
Proposed Ordinance
Exhibit 1 - Prezoning Map
Proposed Resolution - Annexation
Exhibit 1 - City Services Plan
Exhibit 2 - Annexation Map
PPT - 16.1 - McKinley Avenue
Attachments:
16.2 25-0384 REQUEST FOR ANNEXATION AND PREZONING FOR A PROPOSED 217 LOT SINGLE-FAMILY RESIDENTIAL DEVELOPMENT (MURRAY
RANCH) AT 2560 HALL AVENUE (APNS 173-030-110 & 173-040-750) (P23-0346)
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Recommended Action: RECOMMENDATION
It is recommended that the City Council:
1. Find no further environmental review is necessary under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21083.3 and CEQA Guidelines Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning);
2. Adopt an ordinance for the Prezoning of APNs 173-030-11 and 173-040-75 to Residential, Low (RL),
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 ordinances.
Department: Community Development
Attachment A - Location Map and Aerial Photo
Attachment B - General Plan Land Use Map
Attachment C - Zoning Map
Attachment D - Annexation Map
Attachment E - Prezoning Description and Map
Prezone Ordinance
Exhibit 1 - Prezone Map
Proposed Resolution - Annexation
Exhibit 1 - Murray Ranch City Services Plan
Exhibit 2 - Prezoning Map
PPT - 16.2 - Murray Ranch
Attachments:
17. CITY MANAGER'S UPDATE
18. COUNCIL COMMENTS
19. ADJOURNMENT
INFORMATIONAL ITEMS
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CERTIFICATE OF POSTING
I declare, under penalty of perjury, that I am employed by the City of Stockton and that I caused this agenda to be posted in the City Hall notice case on July 10, 2025 in compliance with the Brown Act.
Katherine Roland, CMC, CPMC
City Clerk
By: ________________________________
Deputy
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PUBLIC COMMENTS
*Citizens may comment on any subject within the jurisdiction of the City Council/Successor Agency to the Redevelopment Agency/Public Finance Authority/Parking Authority, including items on the Agenda. The time limit for public comment is four (4) minutes and remains at the discretion of the presiding officer and changes shall be set at the start of the meeting. Speakers must submit “Request to Speak” cards to the City Clerk, and be prepared to speak when called. No speaker cards will be received after the close of the Citizen’s Comments portion of the meeting.
**Speakers should hold comments on items listed as a Hearing until the Hearing is opened.
The City of Stockton invites public comments in multiple forms. You provide your comments by using one of these methods:
1. Email - you may email your comments to [email protected]
2. Voicemail - you can leave a voice message by dialing (209) 937-8459.
3. In-Person Comments - a) Speakers must submit "request to speak cards" to the Clerk prior to the Public Comment portion of the agenda. No speaker cards will be accepted after the close of Public Comment. b) Address only issues over which the meeting body has jurisdiction. c) The time limit for public comment is at the discretion of the presiding officer and shall be set at the start of the meeting. Donating time is not authorized. d) Your time will be displayed on the speaker podium for convenience. *All written and voicemail public comments received by the Clerk's Office 90 minutes prior to the meeting start time will be forwarded to the meeting body members as correspondence and attached to the minutes. All comments received after that time will be forwarded as correspondence the following business day. Written and voicemail comments will not be read into the record.
Council Policy Manual Chapter 4.07 DECORUM
§ 4.07.010 Policy.
1) COUNCILMEMBERS
The City Council will practice civility and decorum in their discussions and debate. Councilmembers will value each other's time and will preserve order and decorum. A member shall neither, by conversation or otherwise, delay or interrupt the proceedings of the Council, use personal, impertinent or slanderous remarks, nor disturb any other member while that member is speaking or refuse to obey the orders of the presiding officer or the Council, except as otherwise provided herein.
A) All Councilmembers have the opportunity to speak and agree to disagree but no Councilmember shall speak twice on any given subject unless all other Councilmembers have been given the opportunity to speak.
B) The Mayor has the affirmative duty to maintain order. The City Council will honor the role of the Mayor in maintaining order. If a Councilmember believes the Mayor is not maintaining order, the Councilmember may move that the Vice-Mayor enforce the rules of decorum and otherwise maintain order. If that motion receives a second and is approved by a Council majority, the Vice-Mayor shall enforce the rules of decorum and maintain order.
C) Any Councilmember who violates the rules repeatedly shall be sanctioned by the City Council, including, but not limited to, barring the Councilmember from further participation (other than voting) on the subject. 2) PERSONS ADDRESSING THE CITY COUNCIL
Persons addressing the Council shall not make personal, impertinent, unduly repetitive, slanderous or profane remarks to the Council, any member of the Council, City staff or the general public, nor utter loud, threatening, personal or abusive language, nor engage in any other conduct that disrupts, disturbs or otherwise unreasonably impedes the orderly conduct of the Council meeting. Any person who makes such remarks, who utters loud, threatening, personal or abusive language, who is unduly repetitious or engages in extended discussion of irrelevancies, or who engages in any disorderly conduct that disrupts, disturbs or otherwise unreasonably impedes the orderly conduct of any Council meeting shall, at the discretion of the presiding officer or a majority of the Council, be barred from further audience before the Council during that meeting.
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Authorities
Meeting Agenda - Final
3) ENFORCEMENT
The rules of decorum set forth above shall be enforced in the following manner:
Warning. The presiding officer shall request that a person who is breaching the rules of decorum be orderly and silent. If, after receiving a warning from the presiding officer, a person persists in disturbing the meeting, the presiding officer shall order him or her to leave the Council meeting. If such person does not remove himself or herself, the presiding officer may order any law enforcement officer who is on duty at the meeting to remove that person from the Council Chambers.
4) RULES PERTAINING TO SIGNS, OBJECTS, SYMBOLIC MATERIALS, AND FIRE SAFETY WITHIN THE
COUNCIL CHAMBERS DURING COUNCIL MEETINGS
A) Objects and symbolic materials such as signs which do not have sticks attached or otherwise create any fire or safety hazards will be allowed within the Council Chamber during Council meetings provided that they are not so large as to infringe upon the space of those in adjacent areas, and are no wider on their longest side than the audience chairs.
B) Persons with objects and symbolic materials such as signs must remain seated when displaying them except when making an oral presentation to the Council and must not raise them above shoulder level or otherwise use them to obstruct vision or passage or disturb the conduct of the Council meeting. Such materials may not be placed on or against the walls, doors or furniture or in the aisles.
C) Exits shall not be obstructed in any manner. Obstructions, including storage, shall not be placed in aisles or other exit ways. Hand carried items must be stored so that such items do not inhibit passage in aisles or other exit ways.
D) Exit ways shall not be used in any way that will present a hazardous condition.
E) Overcrowding and admittance of persons beyond the approved capacity of a place of assembly are prohibited.
F) The Fire Marshal may establish designated areas for media equipment. 5) PERSONS AUTHORIZED WITHIN RAIL
No person except City officials and City staff shall be permitted within the rail in front of the City Council dais without the express consent of the presiding officer.
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18 City of Stockton
Legislation Text
File #: 25-0730, Version: 1
CONFERENCE WITH LABOR NEGOTIATOR
Agency Designated Representative: Interim City Manager; Deputy City Manager Chad Reed; City Attorney; Director of Human Resources; Assistant Director of Human Resources; Jasmine Pantoja, Supervising HR Analyst; Maria Pina, Supervising HR Analyst; Brandon Sepulveda, Interim Budget Officer; and Legal Counsel, Dania Torres Wong of Sloan Sakai Employee Organizations: Unrepresented Units, Stockton City Employees’ Association, Operating Engineer’s Local 3, Mid-Management/Supervisory Level Unit, Unrepresented Management/Confidential, Law Department, Stockton Police Management Association, Stockton Firefighters Local 456 International Association of Firefighters, Stockton Fire Management, Stockton Police Officers’ Association (SPOA)
This Closed Session is authorized pursuant to section 54957.6(a) of the Government Code.
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City of Stockton
Legislation Text
File #: 25-0729, Version: 1
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Number of Cases: Four
Name of Case: Fire Captain Sean Caywood, (Workers’ Compensation Appeals Board Case Nos. ADJ5585248; ADJ7867140; ADJ7390593 and ADJ12707782) Name of Case: Fire Captain Vidal Fortuna, (Workers’ Compensation Appeals Board Case Nos. ADJ1842981, ADJ9085285, and ADJ9381665)
Name of Case: Police Officer Martin Gonzalez, (Workers’ Compensation Appeals Board Case Nos. ADJ1842981, ADJ9085285, and ADJ9381665)
Name of Case: Fire Captain Jeffrey Young, (Workers’ Compensation Appeals Board Case No. ADJ1270320)
This Closed Session is authorized pursuant to section 54956.9(d)(1) of the Government Code to discuss matters pertaining to existing litigation.
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City of Stockton
Legislation Text
File #: 25-0789, Version: 1
PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
City Clerk
This Closed Session is authorized pursuant to Government Code section 54957(b).
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City of Stockton
Legislation Text
File #: 25-0790, Version: 1
PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
City Attorney
This Closed Session is authorized pursuant to Government Code section 54957(b).
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City of Stockton
Legislation Text
File #: 25-0801, Version: 1
PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
Interim City Manager
This Closed Session is authorized pursuant to Government Code section 54957(b).
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City of Stockton
Legislation Text
File #: 25-0798, Version: 1
PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL RELEASE
This Closed Session is authorized pursuant to Government Code Section 54957.
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City of Stockton
Legislation Text
File #: 25-0800, Version: 1
PUBLIC EMPLOYEE APPOINTMENT
This Closed Session is authorized pursuant to Government Code section 54957.
Title: City Manager
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City of Stockton
Legislation Text
File #: 25-0769, Version: 1
APPROVAL OF CITY COUNCIL MINUTES
RECOMMENDATION
Approve the minutes from the City Council meeting of April 29, 2025, May 13, 2025, June 2, 2025, June 3, 2025, June 4, 2025, June 5, 2025, and June 24, 2025 Attachment A - 2025-04-29
Attachment B - 2025-05-13
Attachment C - 2025-06-02
Attachment D - 2025-06-03
Attachment E - 2025-06-04
Attachment F - 2025-06-05
Attachment G - 2025-06-24
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City of Stockton
Legislation Text
File #: 25-0747, Version: 1
APPOINTMENTS TO THE CLIMATE ACTION PLAN ADVISORY COMMITTEE
RECOMMENDATION
Adopt a resolution appointing the Mayor’s seven recommended community members to serve on the seven-member Climate Action Plan Advisory Committee for four-year terms effective immediately and ending January 31, 2029.
Summary
Due to the expiration of the terms of all ten previous committee members in 2015 (Council Resolution 2013-09-24-1210, Attachment A), the City’s current grant funded project to develop a new Climate Action and Adaptation Plan (CAAP), and the best practice to maintain consistency per the 2008 Settlement Agreement, the City recognized the need to reenact the Climate Action Plan Advisory Committee. Applications for the Climate Action Plan Advisory Committee were solicited from the public during April 2025 and June 2025.
Mayor Fugazi is recommending seven community members to serve on the Climate Action Plan Advisory Committee. The Mayor is requesting that the City Council, based on her recommendation, appoint these seven community members to the Climate Action Plan Advisory Committee for a fouryear term effective immediately and ending on January 31, 2029.
Environmental
Tanisha Raj - Catholic Charities
Mary Elizabeth - Sierra Club
Non-Profit Community Organization
Patricia Barrett - Mineral Baths Community Garden
Julie Dunning - Tree Stockton
Labor
Tim Robertson - San Joaquin Building Trades Council
Business
Jeanice Nyung - Borderless Academics, Inc.
Developer
James Jimison - AG Spanos Companies
DISCUSSION
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Background
On December 11, 2007, the City Council (Resolution No. 07-0515) adopted the 2035 General Plan and Infrastructure Studies and the Bicycle Master Plan. In January 2008, litigation was initiated against the City by the Sierra Club alleging inadequate environmental review under the California Environmental Quality Act. Subsequent to the filing of the Sierra Club lawsuit, the Attorney General of the State of California contacted the City and indicated that the State may join the pending litigation unless the City agreed to certain actions to more definitively implement the intent of the California Global Warming Solutions Act, also known as Assembly Bill 32.
On September 9, 2008, the City Council approved a Memorandum of Agreement (Settlement Agreement) with the Attorney General of California and the Sierra Club.
As required by the Settlement Agreement, a Climate Action Plan Advisory Committee was formed.
The first committee was based on recommendations by former Mayor Edward Chavez and was appointed by City Council action on November 4, 2008 (Resolution No. 08-0438). The Climate Action Plan Advisory Committee is a volunteer board and is formed to monitor the City’s compliance with the Settlement Agreement, help identify funding sources to implement the Settlement Agreement, and to make recommendations to the Planning Commission and City Council regarding the Climate Action Plan.
Though the Settlement Agreement requires just five members, the City has elected to expand participation to seven members. This membership consists of the following general categories: two members from the categories of environmental and non-profit community organization and one member from the categories of labor, business and developer. The Settlement Agreement does not specify that a member comes from a particular organization or company.
Present Situation
The terms of the previous ten committee members expired on September 23, 2015. Per the procedures set forth in Council Policy 100-2, applications were solicited from the public on April 8, 2025 to June 12, 2025. At the close of the solicitation period, the City Clerk’s office had received a total of 13 applications for the seven available seats.
City staff are currently working under the funding of two grant programs to update the City of Stockton Climate Action Plan initially developed in 2008 and implemented from 2014-2020.
On December 12, 2023, City Council approved Resolution No. 2023-12-12-1202 to accept the State of California Adaptation Planning Grant Program (APGP) in the amount of $650,000 and on May 14, 2024, the City Council approve Resolution No. 2024-5-14-1502 to accept the United States Environmental Protection Agency Climate Pollution Reduction Grant (CPRG), in the amount of $1,000,000.
The APGP and CPRG grants will be used in combination to develop a new Comprehensive Climate Action & Adaptation (CCAAP) plan for the City which combines the names and requirements of both programs. The new CCAAP also known as Climate Action and Adaptation Plan (CAAP), will provide an updated prioritized strategic framework and blueprint to improve environmental and economic conditions in the Stockton community and the MSA by targeting reduced greenhouse gas emission, City of Stockton Page 2 of 3 Printed on 7/10/2025
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enhanced health outcomes and supporting more sustainable practices.
As required by the September 9, 2008 Settlement Agreement with the Attorney General of California and the Sierra Club, the City must form a Climate Action Plan Advisory Committee as recommended by the Mayor and appointed by City Council.
The recommended candidates represent the diversity and passion of and for the community.
Recruitment for the committee was advertised and solicited through multiple channels throughout the City and county to recruit fresh voices from diverse perspectives. The committee recruitment was advertised through the various Chambers of Commerce represented throughout San Joaquin County, the Board of Supervisors, the Port of Stockton, several influential non-profit organizations, the Building Trades Council, TCC projects, County events and City events.
City staff and the Mayor discussed the applicants and their qualifications. Upon review and careful consideration of all the applicants’ qualifications and associations with the specified interest groups, Mayor Fugazi is recommending that the City Council appoint the community members (listed previously in the Summary) representing the identified interest groups, to serve on the Climate Action Plan Advisory Committee for a four-year term, effective immediately.
This Committee will advise and make recommendations to the Council on the Climate Action & Adaptation Plan and related plans/ programs, help identify funding sources to implement this plan and review in a timely manner all draft plans and policy statements developed and make recommendations to the Planning Commission and City Council regarding its review.
The Climate Action Plan Advisory Committee will establish a meeting schedule upon the first meeting of the committee. The Climate Action Plan Advisory Committee will meet once a month and for other related Climate Action Plan meetings. City Council consideration of the Climate Action Plan and related plan/ programs is expected in Spring 2026.
FINANCIAL SUMMARY
This action will have no direct financial impact to City Departments.
Attachment A - Resolution 2013-09-24-1210
Attachment B - Redacted Applications
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Attachment A
110
Attachment A
111
Submit Date: May 15, 2025
Email Address
First Name Last Name
Street Address
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title
Application for appointment and background information for City of Stockton Boards, Commissions, and Committees
Profile
Ethnicity
Gender
What district do you live in? *
District 2
The City of Stockton uses email as the preferred method of communication regarding your application. Is this acceptable to you?
Yes No
Employer Address
Are you currently serving on a City of Stockton Board, Commission, or Committee?
Yes No
Tanisha Raj
Stockton CA
Tanisha Raj
Attachment B
112
Which Boards would you like to apply for?
Climate Action Plan Advisory Committee: Submitted
Question applies to Climate Action Plan Advisory Committee NOTE: This Board requires membership with one of the following groups. If none, please remove board from your application. Do you actively represent any of the following interest groups? Select all that apply. * Business
Environmental
Question applies to multiple boards
NOTE: This Board requires membership with one of the following groups. If none, please remove board from your application. Are you knowledgeable, have experience in, or extensive background in any of the following areas? Select all that apply. *
Active in community activities significant enough to confirm knowledge of issues and individuals within the community
Possess decision-making abilities
Understanding of Ethnic/Gender Diversity
Willingness to tolerate/promote change
Interests & Experiences
Please tell us about yourself and why you want to serve.
I've been a lifelong Stocktonian resident with an undergraduate degree in Environmental Studies and graduate degree in Water and Environmental Law. For the last three years, I've been serving the Stockton community professionally as an Environmental Justice Program Coordinator doing community engagement, outreach, and education on policies that affect the local communities. Therefore, I would like to use my knowledge and experience to drive an impactful outcome to the climate action plan.
Please state the reason you would like to be a member of this board/commission.
I would like to use my expertise to bring about a just and sustainable climate action plan for Stockton to ensure that we are moving in a direction that allows economic growth meanwhile being environmentally sustainable.
Have you served on an advisory group before?
Yes No
Tanisha Raj
Attachment B
113
Upload a Resume
How did you hear about the position?
CAAP outreach
City Council Policy 3.03 states that Commissioners are required to attend meetings on a regular basis. If appointed, will you be able to attend meetings regularly and devote the time necessary to fulfill your duties as a member?
Yes No
Do you or immediate family members have any relationship (professional, financial, other) that may present a potential conflict of interest for this advisory group?
Yes No
Background Information
Based on your best judgment, does this Commission make decisions that may affect any sources of income, interests in real property, or investments of you or your spouse?
Yes No
Voter Registration (Questions appear if required)
Submit Application
Enter Your Initials:
TR
Date Signed
05/15/2025
Tanisha Raj
Attachment B
114
Submit Date: Jun 18, 2025
Email Address
First Name Last Name
Street Address
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
Application for appointment and background information for City of Stockton Boards, Commissions, and Committees
Profile
Ethnicity
Gender
What district do you live in? *
District 5
The City of Stockton uses email as the preferred method of communication regarding your application. Is this acceptable to you?
Yes No
Employer Address
Are you currently serving on a City of Stockton Board, Commission, or Committee?
Yes No
Mary Elizabeth
Stockton CA
Mary Elizabeth
Attachment B
115
Which Boards would you like to apply for?
Climate Action Plan Advisory Committee: Submitted
Question applies to Climate Action Plan Advisory Committee NOTE: This Board requires membership with one of the following groups. If none, please remove board from your application. Do you actively represent any of the following interest groups? Select all that apply. * Environmental
Non-Profit Community Organization
Question applies to multiple boards
NOTE: This Board requires membership with one of the following groups. If none, please remove board from your application. Are you knowledgeable, have experience in, or extensive background in any of the following areas? Select all that apply. *
Active in community activities significant enough to confirm knowledge of issues and individuals within the community
Understanding of Ethnic/Gender Diversity
Willingness to tolerate/promote change
Interests & Experiences
Please tell us about yourself and why you want to serve.
I am a fourth generation Stocktonian that went away for school and returned for family which was recently granted Founding Family of San Joaquin County status. I began my professional science training at Indiana University, Bloomington (B.S. Microbiology), continued graduate studies here in Stockton at the University of the Pacific (M.S. Biological Science/Physical and Life Science teaching credentials) and at the University of California, Davis (M.S. Hydrologic Science). I became involved with environmental issues specifically water quality and waste discharges after working for McCormick and Baxter Creosoting Company as a quality control chemist. I subsequently became a Registered Environmental Health Specialist and worked for San Joaquin County on contaminated site cleanups. I went back to school and earned a Master of Hydrologic Science degree from the University of California Davis from which I was recruited to work for a consulting firm. I found that I missed the teaching aspect of my graduate program. I began to use my teaching credentials that I earned many years before and have continued working in the field of education. I want to serve because I want to be part of the positive changes happening in Stockton, increasing public participation, and to represent various groups in the community including environmental and disadvantaged communities. A climate adaptation and resiliency plan is a step in the City's effort to develop an energy resilient community reducing greenhouse gases and developing clean energy jobs.
Mary Elizabeth
Attachment B
116
Upload a Resume
Please state the reason you would like to be a member of this board/commission.
While in Sacramento, when opportunities arose to use my science skills outside of teaching, I took advantage and did consulting work if the project fit into my schedule. Since I have moved to Stockton and now that I am working at the School for Adults two evenings a week and a month during summer break, I have stopped pursuing those outside assignments.
Nevertheless, I still very much enjoy the technical aspects of environmental project planning and implementation and have time to pursue those interests. After returning to Stockton, I have returned to doing conservation work for the Sierra Club, Delta Sierra Group Conservation Chair. I have been increasingly involved with groundwater planning in the Eastern San Joaquin Subbasin since the development of the Sustainable Groundwater Management Act in 2014 attending meetings, working with NGOs, and providing comments, serving on the San Joaquin Advisory Water Commission. I am also a member of the AB617 Steering Committee involved with developing and implementing projects to improve air quality within the Stockton project boundaries. I have attended a community choice citizen advisory meeting online and am available during the meeting times. I am knowledgeable of technical and regulatory issues. I want to ask the questions that will help more of our residents understand these issues and get more involved. Good public outreach and involvement efforts are necessary to have a strong sense of community and a successful program implementation.
Have you served on an advisory group before?
Yes No
If yes, please explain.
I am currently serving on the San Joaquin County Advisory Water Commission and AB 617 Steering Committe.
How did you hear about the position?
Email announcement.
City Council Policy 3.03 states that Commissioners are required to attend meetings on a regular basis. If appointed, will you be able to attend meetings regularly and devote the time necessary to fulfill your duties as a member?
Yes No
Do you or immediate family members have any relationship (professional, financial, other) that may present a potential conflict of interest for this advisory group?
Yes No
Background Information
Mary Elizabeth
Attachment B
117
Based on your best judgment, does this Commission make decisions that may affect any sources of income, interests in real property, or investments of you or your spouse?
Yes No
No, my source of income, real estate interests, and investments are not in the under development.
Voter Registration (Questions appear if required)
Submit Application
Please identify any specialized accommodations needed for equal participation:
None needed.
Enter Your Initials:
ME
Date Signed
6.18.2025
Mary Elizabeth
Attachment B
118
Submit Date: Apr 14, 2025
Email Address
First Name Last Name
Street Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
Application for appointment and background information for City of Stockton Boards, Commissions, and Committees
Profile
Ethnicity
Gender
If selected "Other," please specify.
Latinx, Sub White
What district do you live in? *
District 6
The City of Stockton uses email as the preferred method of communication regarding your application. Is this acceptable to you?
Yes No
If you have checked “No”, please identify how you prefer to be contacted:
n/a
Employer Address
Patricia Barrett
Stockton CA
Patricia Barrett
Attachment B
119
Are you currently serving on a City of Stockton Board, Commission, or Committee?
Yes No
If yes, please list
Mayor's Roundtable on ADA Water Advisory Group
Which Boards would you like to apply for?
Climate Action Plan Advisory Committee: Submitted
Question applies to Climate Action Plan Advisory Committee NOTE: This Board requires membership with one of the following groups. If none, please remove board from your application. Do you actively represent any of the following interest groups? Select all that apply. * Environmental
Non-Profit Community Organization
Question applies to multiple boards
NOTE: This Board requires membership with one of the following groups. If none, please remove board from your application. Are you knowledgeable, have experience in, or extensive background in any of the following areas? Select all that apply. *
Active in community activities significant enough to confirm knowledge of issues and individuals within the community
Question applies to Water Advisory Group
Do you reside within one of the Stockton Municipal Utilities' three utility service areas?
Yes No
Question applies to Water Advisory Group
If yes, state which one:
Calwater
Interests & Experiences
Patricia Barrett
Attachment B
120
Upload a Resume
Please tell us about yourself and why you want to serve.
Lived in stockton for 15 yrs, retired, part time self employed, work in mental health advocate for South Stockton and marginal populations
Please state the reason you would like to be a member of this board/commission.
Doing my civic duty and represent district 6 Councilmember, underserved communities, really involved with the world's sustainable development goals Have you served on an advisory group before?
Yes No
If yes, please explain.
Mayor's Task Force for People with Disabilities Taft Community Advisory Board Tri City Homeless Coalition, Alameda county SJC Behavioral Health Services Behavioral Health Board Election Advisory Committee
How did you hear about the position?
Email
City Council Policy 3.03 states that Commissioners are required to attend meetings on a regular basis. If appointed, will you be able to attend meetings regularly and devote the time necessary to fulfill your duties as a member?
Yes No
Do you or immediate family members have any relationship (professional, financial, other) that may present a potential conflict of interest for this advisory group?
Yes No
If yes, please explain
n/a
Background Information
Based on your best judgment, does this Commission make decisions that may affect any sources of income, interests in real property, or investments of you or your spouse?
Yes No
Patricia Barrett
Attachment B
121
Voter Registration (Questions appear if required)
Submit Application
Please identify any specialized accommodations needed for equal participation:
n/a Service dogs
Enter Your Initials:
PB
Date Signed
11082023
Patricia Barrett
Attachment B
122
Submit Date: Apr 09, 2025
Email Address
First Name Middle
Initial
Last Name
Street Address
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
Application for appointment and background information for City of Stockton Boards, Commissions, and Committees
Profile
Ethnicity
Gender
What district do you live in? *
District 4
The City of Stockton uses email as the preferred method of communication regarding your application. Is this acceptable to you?
Yes No
Employer Address
Are you currently serving on a City of Stockton Board, Commission, or Committee?
Yes No
Julie M Dunning
Stockton CA
Julie M Dunning
Attachment B
123
If yes, please list
Measure A
Which Boards would you like to apply for?
Climate Action Plan Advisory Committee: Submitted
Question applies to Climate Action Plan Advisory Committee NOTE: This Board requires membership with one of the following groups. If none, please remove board from your application. Do you actively represent any of the following interest groups? Select all that apply. * Non-Profit Community Organization
Question applies to multiple boards
NOTE: This Board requires membership with one of the following groups. If none, please remove board from your application. Are you knowledgeable, have experience in, or extensive background in any of the following areas? Select all that apply. *
Active in community activities significant enough to confirm knowledge of issues and individuals within the community
Activist for the Visual Environment, Public Art, or Regional/National Individual Artists' work
Possess decision-making abilities
Understanding of Ethnic/Gender Diversity
Willingness to tolerate/promote change
Interests & Experiences
Julie M Dunning
Attachment B
124
Please tell us about yourself and why you want to serve.
I am retired from the State of California after a 35+ year career where the majority of my time was spent as the District 10 Director of Administration, acting District Director, and later at the HQ level as Chief of Strategic Planning and Performance Management. While performing my duties as Director of Admin, I became proficient in budgetary oversight. I have a keen sense for fiscal responsibility, and a passion for governmental transparency and accountability. Additionally, during my 35-year career, I had extensive involvement in capital project planning and development where I had to work closely with cities and counties on the development and implementation of local and regional matters. This work required a working knowledge of policies, rules, and regulations and how to interpret and apply them. I truly enjoyed my time as a civil servant and like to stay active/informed by attending various Council and committee meetings. I am very interested in City of Stockton’s governance and would like to serve my community at the local level. Currently I serve as the Board President for Tree Stockton, a non-profit organization focused on the preservation and enhancement of the City’s urban forest.
Please state the reason you would like to be a member of this board/commission.
I have a keen interest in the betterment and future development of the City of Stockton. I want to use my 35 years of professional government experience and my personal interest in the environment to help Stockton become a healthier city and develop the plan and programs necessary to address current and future climate and environmental issues.
Have you served on an advisory group before?
Yes No
If yes, please explain.
During my years of employment with the state I served on various internal and external advisory committees. Some were for process improvements; others were for providing recommendations on implementation of new policies/procedures, and others were topic or project specific citizen's advisory groups. I am currently serving on the Measure A Advisory Committee.
How did you hear about the position?
Various outreach efforts from the City Clerk's office and m Council member.
City Council Policy 3.03 states that Commissioners are required to attend meetings on a regular basis. If appointed, will you be able to attend meetings regularly and devote the time necessary to fulfill your duties as a member?
Yes No
Do you or immediate family members have any relationship (professional, financial, other) that may present a potential conflict of interest for this advisory group?
Yes No
Background Information
Julie M Dunning
Attachment B
125
Based on your best judgment, does this Commission make decisions that may affect any sources of income, interests in real property, or investments of you or your spouse?
Yes No
Voter Registration (Questions appear if required)
Submit Application
Please identify any specialized accommodations needed for equal participation:
None
Enter Your Initials:
jd
Date Signed
4-9-2025
Julie M Dunning
Attachment B
126
Submit Date: May 14, 2025
Email Address
First Name Last Name
Street Address
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title
Application for appointment and background information for City of Stockton Boards, Commissions, and Committees
Profile
Ethnicity
Gender
What district do you live in? *
District 4
The City of Stockton uses email as the preferred method of communication regarding your application. Is this acceptable to you?
Yes No
Employer Address
Are you currently serving on a City of Stockton Board, Commission, or Committee?
Yes No
Jeanice Nyung
Stockton CA
Jeanice Nyung
Attachment B
127
Which Boards would you like to apply for?
Climate Action Plan Advisory Committee: Submitted
Question applies to Climate Action Plan Advisory Committee NOTE: This Board requires membership with one of the following groups. If none, please remove board from your application. Do you actively represent any of the following interest groups? Select all that apply. * Business
Question applies to multiple boards
NOTE: This Board requires membership with one of the following groups. If none, please remove board from your application. Are you knowledgeable, have experience in, or extensive background in any of the following areas? Select all that apply. *
Active in community activities significant enough to confirm knowledge of issues and individuals within the community
Interests & Experiences
Please tell us about yourself and why you want to serve.
I am an community based education service provider with a social and environmental mission that drives my work with K-12 youth in Stockton and the greater Central Valley. I have a particular interest and passion for an environmentally sustainable future for all and would like to contribute my experience as a scientist, educational access advocate, and community builder to accomplish the goals of this committee for a greater Stockton.
Please state the reason you would like to be a member of this board/commission.
I believe a diverse set of collaborators will ensure we get these policies and projects right.
My experience in the Peace Corps, multi-lingual skills and cultural sensitivity and future focused solutions based lens will strengthen this board and ensure it's longevity through youth involvement.
Have you served on an advisory group before?
Yes No
Jeanice Nyung
Attachment B
128
Upload a Resume
How did you hear about the position?
Stockton Rising Annual Summit
City Council Policy 3.03 states that Commissioners are required to attend meetings on a regular basis. If appointed, will you be able to attend meetings regularly and devote the time necessary to fulfill your duties as a member?
Yes No
Do you or immediate family members have any relationship (professional, financial, other) that may present a potential conflict of interest for this advisory group?
Yes No
Background Information
Based on your best judgment, does this Commission make decisions that may affect any sources of income, interests in real property, or investments of you or your spouse?
Yes No
Voter Registration (Questions appear if required)
Submit Application
Enter Your Initials:
JN
Date Signed
05/14/2025
Jeanice Nyung
Attachment B
129
Submit Date: May 29, 2025
Email Address
First Name Middle
Initial
Last Name
Street Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
Application for appointment and background information for City of Stockton Boards, Commissions, and Committees
Profile
What district do you live in? *
Other
The City of Stockton uses email as the preferred method of communication regarding your application. Is this acceptable to you?
Yes No
Employer Address
Are you currently serving on a City of Stockton Board, Commission, or Committee?
Yes No
Which Boards would you like to apply for?
Climate Action Plan Advisory Committee: Submitted
James E. Jimison
Stockton CA
James E. Jimison
Attachment B
130
Question applies to Climate Action Plan Advisory Committee NOTE: This Board requires membership with one of the following groups. If none, please remove board from your application. Do you actively represent any of the following interest groups? Select all that apply. * Developer
Question applies to multiple boards
NOTE: This Board requires membership with one of the following groups. If none, please remove board from your application. Are you knowledgeable, have experience in, or extensive background in any of the following areas? Select all that apply. *
Active in community activities significant enough to confirm knowledge of issues and individuals within the community
Interests & Experiences
Please tell us about yourself and why you want to serve.
Active residential developments in Stockton
Please state the reason you would like to be a member of this board/commission.
Active residential developments in Stockton.
Have you served on an advisory group before?
Yes No
If yes, please explain.
IWG
City Council Policy 3.03 states that Commissioners are required to attend meetings on a regular basis. If appointed, will you be able to attend meetings regularly and devote the time necessary to fulfill your duties as a member?
Yes No
Do you or immediate family members have any relationship (professional, financial, other) that may present a potential conflict of interest for this advisory group?
Yes No
James E. Jimison
Attachment B
131
Background Information
Based on your best judgment, does this Commission make decisions that may affect any sources of income, interests in real property, or investments of you or your spouse?
Yes No
Voter Registration (Questions appear if required)
Submit Application
Enter Your Initials:
JEJ
Date Signed
5/29/2025
James E. Jimison
Attachment B
132
Submit Date: Jun 03, 2025
Email Address
First Name Last Name
Street Address
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title
Application for appointment and background information for City of Stockton Boards, Commissions, and Committees
Profile
Ethnicity
Gender
What district do you live in? *
District 3
The City of Stockton uses email as the preferred method of communication regarding your application. Is this acceptable to you?
Yes No
Employer Address
Are you currently serving on a City of Stockton Board, Commission, or Committee?
Yes No
Tim Robertson
Stockton CA
Tim Robertson
Attachment B
133
Which Boards would you like to apply for?
Climate Action Plan Advisory Committee: Submitted
Question applies to Climate Action Plan Advisory Committee NOTE: This Board requires membership with one of the following groups. If none, please remove board from your application. Do you actively represent any of the following interest groups? Select all that apply. * Labor
Question applies to multiple boards
NOTE: This Board requires membership with one of the following groups. If none, please remove board from your application. Are you knowledgeable, have experience in, or extensive background in any of the following areas? Select all that apply. *
Active in community activities significant enough to confirm knowledge of issues and individuals within the community
Possess decision-making abilities
Understanding of Ethnic/Gender Diversity
Willingness to tolerate/promote change
Interests & Experiences
Please tell us about yourself and why you want to serve.
My name is Tim Robertson and I am executive director of the San Joaquin Building Trades Council. Though I have long been a part of the Stockton community, I have recently move to the city and am looking to get even more involved. I'm passionate about the pursuit of practical and effective solutions to climate change given the real impact city residents are facing and the potential for worsening conditions long term. As an advocate for workers and their families, I am committed to ensure that climate policy provides increased economic and job opportunities in order to uplift our communities and am very versed in the intersection between environmental and economic justice. I am currently serving on multiple committees that are exploring responsible climate change development, including one convened by Lawrence Livermore Laboratory and another by the University of California - Berkeley. Further, I serve on the Steering Committee for North Valley Thrive, which is exploring regional strategies for carbon management and clean energy development. I am also well connected to the community and work well with various individuals and organizations that are interested in climate policy and I work to build consensus when possible, but am comfortable with differing opinions and disagreeing respectfully. I'm also comfortable working with elected officials and public agencies in pursuit of equitable climate development.
Tim Robertson
Attachment B
134
Upload a Resume
Please state the reason you would like to be a member of this board/commission.
I am passionate about helping reverse some of the generational challenges many Stockton residents face. Most health and economic metrics demonstrate that systemic issues make it harder for the average Stockton resident to thrive than in other places. There are solutions, but they will require a focused community leadership that can cut through historical divisions. Bringing people and entities together to improve lives is both my day job and my passion. Leveraging new public and private investment in climate solutions is a once in a generation opportunity for our communities to improve the health of our residents while boosting economic opportunities. As I am already heavily engaged and committed to this work, I would be honored and thrilled to bring my perspective to the Climate Action Plan Community Advisory Committee.
Have you served on an advisory group before?
Yes No
How did you hear about the position?
I received outreach from the city and was encouraged to apply by community members.
City Council Policy 3.03 states that Commissioners are required to attend meetings on a regular basis. If appointed, will you be able to attend meetings regularly and devote the time necessary to fulfill your duties as a member?
Yes No
Do you or immediate family members have any relationship (professional, financial, other) that may present a potential conflict of interest for this advisory group?
Yes No
Background Information
Based on your best judgment, does this Commission make decisions that may affect any sources of income, interests in real property, or investments of you or your spouse?
Yes No
Voter Registration (Questions appear if required)
Tim Robertson
Attachment B
135
Submit Application
Enter Your Initials:
TWR
Date Signed
6/3/25
Tim Robertson
Attachment B
136
City of Stockton
Legislation Text
File #: 25-0619, Version: 1
ADOPTION OF PROPOSED COUNCIL POLICY MANUAL CHAPTER 2.09 - PUBLIC RECORDS
REQUESTS
RECOMMENDATION
Staff recommends that the City Council adopt by resolution the proposed Council Policy Manual (CPM) Chapter 2.09 - Public Records Requests.
Summary
On May 17, 2025, the responsibility for California Public Records Act (CPRA) requests was transferred to the City Clerk’s Office. A draft policy for the CPM reflecting the change in responsibility was presented to the Legislation/Environmental Committee on May 27, 2025, and the Committee voted to forward a recommendation for adoption to the City Council.
DISCUSSION
Background
California Public Records Act (CPRA) request responsibilities were assigned to the Community Relations Officer and guided by Administrative Directive LAW-02 Requests for Public Records or Release of File Information (Attachment A)
The Community Relations Officer position has been eliminated and Public Records Requests responsibilities transferred to the City Clerk’s Office. There is no current policy in place to address Public Records Requests under the responsibility of the City Clerk’s Office. Additionally, Administrative Directives are issued under the City Manager’s Authority which does not extend to the Clerk’s Office. It is therefore necessary to establish a policy under the Council Policy Manual.
On May 27, 2025, the Legislation/Environmental Committee reviewed the proposed CPM Chapter
2.09 - Public Records Requests policy and recommended it to Council for adoption.
After the Legislation/Environmental Committee meeting, staff determined it was necessary to add a section addressing the search of personal devices. The text reads as follows:
“3) Search of personal devices
The City strongly discourages the use of personal devices for City business. Per the requirements of City of San Jose v. Superior Court (2017) 2 Cal.5th 608, Councilmembers and staff are asked to conduct a good faith search for public records that may be on their personal devices including text messages, direct messages on social media, or voice mails saved on their device. a. Councilmembers will search their own personal devices and complete the Personal City of Stockton Page 1 of 2 Printed on 7/10/2025
powered by Legistar™137
File #: 25-0619, Version: 1
Device Affidavit - City Council
b. City Employees will search their own personal devices and complete the Personal Device Affidavit - City Employee”
Present Situation
In accordance with the recommendation of the Legislation/Environmental Committee and noting the change to add a section on the search of personal devices, staff now presents the proposed CPM Chapter 2.09 - Public Records Requests (Attachment B). This policy will provide additional details to support the process by which requests for public records are completed and establish the authority of the Clerk’s Office to do so.
FINANCIAL SUMMARY
There is no financial impact from approval of these changes.
Attachment A - Administrative Directive Law-02
Attachment B - Draft CPM Chapter 2.09
City of Stockton Page 2 of 2 Printed on 7/10/2025
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ATTACHMENT A
139
ATTACHMENT A
140
ATTACHMENT A
141
ATTACHMENT A
142
ATTACHMENT B
CHAPTER 2.09
PUBLIC RECORDS REQUESTS
§ 2.09.010. Policy.
The California Public Records Act (Cal. Gov. Code§ 7920.000 et. seq.; formerly Cal. Gov Code,§ 6250 et. seq.), the "Act," embodies the legislative policy of the State of California safeguarding the accountability of government to the public and promoting maximum disclosure of the conduct of government operations by providing for access to certain records, defining what documents are "public records," and exempting certain types of records from general release. It is essential that the Act be followed to ensure transparency, the proper release of information, and to prevent disclosure of information which may compromise the City's position or defense in threatened or pending litigation of any type.
The public has the right to inspect existing public records during office hours or on the City's website and/or receive copies of public records, unless there is a legal basis to not disclose records.
Express legal authority is required to deny access to public records; the authority may be within the Act itself or other laws outside the Act. The Act does not provide for a standing or continuing request for documents that may be generated in the future. The City Clerk’s Office works with the City Attorney’s Office to balance the public's right to information and disclosure.
Note: Requests may be referred to by requesters as "FOIA" requests or "Freedom of Information" requests, which refers to the federal law governing the public's right to information. Within the State of California, these requests are addressed under the California Public Records Act.
With the following exceptions, the procedures for processing requests under the Act must be followed by all City Departments:
1) This policy does not apply to the release of accident reports completed by the Police Department, per the California Motor Vehicle Code Section 20012 for persons entitled to the accident report.
2) Requests for any staff reports or minutes of meetings of the City Council or any Board, Commission or Committee or for a duly adopted ordinance or resolution may be released without review unless specific questions or issues apply to a particular request. 3) Requests to the Community Development Department for copies of building permits and inspection records may be released without further review unless specific questions or issues apply to a particular request.
4) Neighborhood Services Division records may be released without further review with personal information about the reporting or complaining party redacted or blacked out or unless specific questions or issues apply to a particular request. 5) Requests to the Fire Department for inspection reports may be released without further review unless specific questions or issues apply to a particular request. 143
ATTACHMENT B
6) Requests for copies of business licenses may be released without further review after any confidential information, including financial information, social security numbers, personal telephone numbers, and home addresses are redacted or blacked out. 7) This policy does not apply to documents intended for dissemination as public information or to requests that would require the City to compile data, perform research or create new records not currently in existence.
8) This policy does not apply to:
a. Police Department records
b. Subpoena records, such records should be referred immediately and directly to the Attorney's office for evaluation and processing.
§ 2.09.020. Procedures
Most City documents and records are "public records" and will be released to the public promptly under the requirements of the California Public Records Act (Cal. Gov. Code 7920.000 §§ et seq.), the "Act." Certain records are exempt under the Act. Exemptions will be determined in consultation with and review by the City Clerk’s Office and the City Attorney's Office. Requests may be received in writing, electronically (via email or Ask Stockton), or verbally. Those requesting records (requesters) are not required to fill out a form or provide the request in writing. 1) Departments must:
a. Provide records, or links to publicly available information, per the related policy, when appropriate.
b. Immediately forward all written requests to the City Clerk’s Office. c. For verbal requests:
i. Refer the requester to the City Clerk’s Office by telephone, email or inperson, or ii. Gather all information from the requester, including a description of information, documents or records requested and contact information for the requester, and
iii. Forward the information to the Public Information Office via email or using the Ask Stockton topic "Public Records."
d. Assist with determining what information the requester is seeking and what public record may include the information.
e. Forward all potentially responsive documents or records to the City Clerk’s Office upon request.
i. Do not create reports or records for the purposes of responding to a request. 144
ATTACHMENT B
ii. Do not accept open-ended requests or requests for future actions or records. iii. Do not refuse the request because it is difficult or time consuming. 2) The City Clerk’s Office must:
a. Log and track requests, including:
i. How the request was received, for example, email, Ask Stockton, etc.; ii. Date received by the City;
iii. Date that response(s) due to the requester;
iv. Name/Organization of requester;
v. Description of request; and
vi. Department(s)/employee(s) responsible for gathering records. b. Send request(s) and description of records or documents requested to Departments. c. Determine what records exist within 10 calendar days. i. Forward the records or an extension letter to the requester by the 10th calendar day from the date that the request was received by the City; the City may request up to 14 additional calendar days to determine what records exist that are responsive to the request.
d. Submit an Information Technology (IT) Data Extraction Request, if email (communications) records are requested.
i. Work with IT to define search parameters.
ii. Review all potentially responsive emails and forward to the City Attorney's Office for review.
e. Forward draft response letter and potentially responsive documents to the City Attorney's Office to determine what records may be exempt from disclosure under the Act or other laws.
f. Send a complete or partial, timely response by the due date, unless the response date has been extended by notifying the requester in writing:
i. The response may include links to responsive records or documents include responsive records as attachments to the response.
ii. If the response is voluminous, records may be provided on a rolling basis, with dates communicated in writing to the requester.
iii. Records may also be provided electronically with access to a shared folder or link, or using an external drive.
145
ATTACHMENT B
3) Search of personal devices
The City strongly discourages the use of personal devices for City business. Per the requirements of City of San Jose v. Superior Court (2017) 2 Cal.5th 608, Councilmembers and staff are asked to conduct a good faith search for public records that may be on their personal devices including text messages, direct messages on social media, or voice mails saved on their device. a. Councilmembers will search their own personal devices and complete the Personal Device Affidavit – City Council
b. City Employees will search their own personal devices and complete the Personal Device Affidavit – City Employee
§ 2.09.030 Responsibilities
All City Staff:
Assist requester with submitting request
Immediately forward requests to the City Clerk’s Office Gather responsive records as appropriate
City Clerk’s Office:
Log and track requests
Send requests for records to departments
Respond to requestor with determination of existing records within 10 days Submit requests for responsive emails
Work with City Attorney’s Office to determine exemptions Provide requestor with response as determined by policy City Attorney’s Office:
Provide consultation for the City Clerk’s Office on potential exemptions under the Act § 2.09.040. Relevant authority.
California Public Records Act (GC 7920.000 §§ et.seq.)
§ 2.09.050. Related administrative directive, city policy, city procedure.
Citywide Policies and Procedures, Chapter 13 – Communication 146
Attachment A
§ 2.09.060. Related forms, documents, or links.
Personal Device Affidavit – City Council
Personal Device Affidavit – City Employee
§ 2.09.070. Frequently asked questions or comments.
The examples provided in Responsibilities, Relevant Authority, and Related Administrative Directive sections of the Council Policies are intended to be illustrative and not exhaustive. § 2.09.080. Update history.
147
Resolution No.
STOCKTON CITY COUNCIL
A RESOLUTION ADOPTING CITY COUNCIL POLICY MANUAL CHAPTER 2.09, PUBLIC
RECORDS REQUESTS
The responsibility of Public Records Requests has been transferred to the City Clerk’s Office; and
The existing Administrative Directive LAW-02 is no longer applicable; and The Public Records Request process is best supported by a Council Policy; and The Legislation and Environmental Committee voted on May 27, 2025, to approve forwarding a recommendation to Council to adopt the proposed City Council Policy Manual Chapter 2.09 – Public Records Requests; and
After the Legislation and Environmental Committee meeting, a section was added regarding the search of personal devices; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. City Council approves and adopts City Council Policy 2.09 entitled “Public Records Requests;” attached hereto as “Exhibit 1.”
2. The City Clerk 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
148
CHAPTER 2.09
PUBLIC RECORDS REQUESTS
§ 2.09.010. Policy.
The California Public Records Act (Cal. Gov. Code§ 7920.000 et. seq.; formerly Cal. Gov Code,§ 6250 et. seq.), the "Act," embodies the legislative policy of the State of California safeguarding the accountability of government to the public and promoting maximum disclosure of the conduct of government operations by providing for access to certain records, defining what documents are "public records," and exempting certain types of records from general release. It is essential that the Act be followed to ensure transparency, the proper release of information, and to prevent disclosure of information which may compromise the City's position or defense in threatened or pending litigation of any type.
The public has the right to inspect existing public records during office hours or on the City's website and/or receive copies of public records, unless there is a legal basis to not disclose records.
Express legal authority is required to deny access to public records; the authority may be within the Act itself or other laws outside the Act. The Act does not provide for a standing or continuing request for documents that may be generated in the future. The City Clerk’s Office works with the City Attorney’s Office to balance the public's right to information and disclosure.
Note: Requests may be referred to by requesters as "FOIA" requests or "Freedom of Information" requests, which refers to the federal law governing the public's right to information. Within the State of California, these requests are addressed under the California Public Records Act.
With the following exceptions, the procedures for processing requests under the Act must be followed by all City Departments:
1) This policy does not apply to the release of accident reports completed by the Police Department, per the California Motor Vehicle Code Section 20012 for persons entitled to the accident report.
2) Requests for any staff reports or minutes of meetings of the City Council or any Board, Commission or Committee or for a duly adopted ordinance or resolution may be released without review unless specific questions or issues apply to a particular request. 3) Requests to the Community Development Department for copies of building permits and inspection records may be released without further review unless specific questions or issues apply to a particular request.
4) Neighborhood Services Division records may be released without further review with personal information about the reporting or complaining party redacted or blacked out or unless specific questions or issues apply to a particular request.
Exhibit 1
149
5) Requests to the Fire Department for inspection reports may be released without further review unless specific questions or issues apply to a particular request. 6) Requests for copies of business licenses may be released without further review after any confidential information, including financial information, social security numbers, personal telephone numbers, and home addresses are redacted or blacked out. 7) This policy does not apply to documents intended for dissemination as public information or to requests that would require the City to compile data, perform research or create new records not currently in existence.
8) This policy does not apply to:
a. Police Department records
b. Subpoena records, such records should be referred immediately and directly to the Attorney's office for evaluation and processing.
§ 2.09.020. Procedures
Most City documents and records are "public records" and will be released to the public promptly under the requirements of the California Public Records Act (Cal. Gov. Code 7920.000 §§ et seq.), the "Act." Certain records are exempt under the Act. Exemptions will be determined in consultation with and review by the City Clerk’s Office and the City Attorney's Office. Requests may be received in writing, electronically (via email or Ask Stockton), or verbally. Those requesting records (requesters) are not required to fill out a form or provide the request in writing. 1) Departments must:
a. Provide records, or links to publicly available information, per the related policy, when appropriate.
b. Immediately forward all written requests to the City Clerk’s Office. c. For verbal requests:
i. Refer the requester to the City Clerk’s Office by telephone, email or in-person, or
ii. Gather all information from the requester, including a description of information, documents or records requested and contact information for the requester, and
iii. Forward the information to the Public Information Office via email or using the Ask Stockton topic "Public Records."
d. Assist with determining what information the requester is seeking and what public record may include the information.
Exhibit 1
150
e. Forward all potentially responsive documents or records to the City Clerk’s Office upon request.
i. Do not create reports or records for the purposes of responding to a request. ii. Do not accept open-ended requests or requests for future actions or records. iii. Do not refuse the request because it is difficult or time consuming. 2) The City Clerk’s Office must:
a. Log and track requests, including:
i. How the request was received, for example, email, Ask Stockton, etc.; ii. Date received by the City;
iii. Date that response(s) due to the requester;
iv. Name/Organization of requester;
v. Description of request; and
vi. Department(s)/employee(s) responsible for gathering records. b. Send request(s) and description of records or documents requested to Departments. c. Determine what records exist within 10 calendar days. i. Forward the records or an extension letter to the requester by the 10th calendar day from the date that the request was received by the City; the City may request up to 14 additional calendar days to determine what records exist that are responsive to the request.
d. Submit an Information Technology (IT) Data Extraction Request, if email (communications) records are requested.
i. Work with IT to define search parameters.
ii. Review all potentially responsive emails and forward to the City Attorney's Office for review.
e. Forward draft response letter and potentially responsive documents to the City Attorney's Office to determine what records may be exempt from disclosure under the Act or other laws.
f. Send a complete or partial, timely response by the due date, unless the response date has been extended by notifying the requester in writing:
i. The response may include links to responsive records or documents include responsive records as attachments to the response.
Exhibit 1
151
ii. If the response is voluminous, records may be provided on a rolling basis, with dates communicated in writing to the requester.
iii. Records may also be provided electronically with access to a shared folder or link, or using an external drive.
3) Search of personal devices
The City strongly discourages the use of personal devices for City business. Per the requirements of City of San Jose v. Superior Court (2017) 2 Cal.5th 608, Councilmembers and staff are asked to conduct a good faith search for public records that may be on their personal devices including text messages, direct messages on social media, or voice mails saved on their device. a. Councilmembers will search their own personal devices and complete the Personal Device Affidavit – City Council
b. City Employees will search their own personal devices and complete the Personal Device Affidavit – City Employee
§ 2.09.030 Responsibilities
All City Staff:
Assist requester with submitting request
Immediately forward requests to the City Clerk’s Office Gather responsive records as appropriate
City Clerk’s Office:
Log and track requests
Send requests for records to departments
Respond to requestor with determination of existing records within 10 days Submit requests for responsive emails
Work with City Attorney’s Office to determine exemptions Provide requestor with response as determined by policy City Attorney’s Office:
Provide consultation for the City Clerk’s Office on potential exemptions under the Act § 2.09.040. Relevant authority.
California Public Records Act (GC 7920.000 §§ et.seq.)
§ 2.09.050. Related administrative directive, city policy, city procedure.
Citywide Policies and Procedures, Chapter 13 – Communication Exhibit 1
152
Attachment A
§ 2.09.060. Related forms, documents, or links.
Personal Device Affidavit – City Council
Personal Device Affidavit – City Employee
§ 2.09.070. Frequently asked questions or comments.
The examples provided in Responsibilities, Relevant Authority, and Related Administrative Directive sections of the Council Policies are intended to be illustrative and not exhaustive. § 2.09.080. Update history.
Exhibit 1
153
City of Stockton
Legislation Text
File #: 25-0752, Version: 1
ADOPT A RESOLUTION APPOINTING A MEMBER OF THE MEASURE A CITIZENS’ ADVISORY
COMMITTEE
RECOMMENDATION
It is recommended that the City Council adopt a resolution ratifying the appointment of Duwayne Chavez to the Measure A Citizens’ Advisory Committee for a term beginning immediately upon appointment and ending January 31, 2029.
DISCUSSION
Background
On July 9, 2013, the Stockton City Council adopted Resolution 2013-07-09-1601 calling for a special election and Ordinance 2013-07-09-1601 establishing the 3/4 cent sales tax and authorizing the formation of a Citizens’ Advisory Committee through Ordinance 2013-07-09-1601 contingent upon voter consideration and approval at the November 5, 2013, special election. Upon the passage of Measure A and Advisory Measure B on November 5, 2013, the City Council adopted the City of Stockton Transaction and Use Tax Ordinance Citizens’ Advisory Committee Charter detailing the role and duties of the Citizens’ Advisory Committee. Each member of the City Council, including the Mayor, shall nominate one member to the Committee. The members nominated are not required to be from specific Council Districts.
At the regular Council meeting of December 3, 2013, the Council approved staff’s recommendation to include the term of service for the Advisory Committee members in the Committee Charter. The staff recommendation adopted by motion action was to have the terms of the Advisory Committee Members coincide with the term of each appointing Councilmember.
Present Situation
Mayor Fugazi reviewed the active applications on file. In accordance with the provisions of Ordinance 2013-07-09-1601 and the City of Stockton Transaction and Use Tax Ordinance Citizens’ Advisory Committee Charter, Mayor Fugazi is nominating Duwayne Chavez to the Measure A Citizens’ Advisory Committee to fill the remaining term, beginning immediately and ending January 31, 2029.
FINANCIAL SUMMARY
There is no financial impact to the General Fund.
Attachment A - Redacted Application
City of Stockton Page 1 of 1 Printed on 7/10/2025
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Submit Date: Jun 29, 2025
Email Address
First Name Last Name
Primary Phone Alternate Phone
Employer
Application for appointment and background information for City of Stockton Boards, Commissions, and Committees
Profile
Ethnicity
Gender
What district do you live in? *
District 1
The City of Stockton uses email as the preferred method of communication regarding your application. Is this acceptable to you?
Yes No
Are you currently serving on a City of Stockton Board, Commission, or Committee?
Yes No
Which Boards would you like to apply for?
Measure A Citizens' Advisory Committee: Submitted
Duwayne Chavez
Duwayne Chavez Page 1 of 3
Attachment A
155
Question applies to multiple boards
NOTE: This Board requires membership with one of the following groups. If none, please remove board from your application. Are you knowledgeable, have experience in, or extensive background in any of the following areas? Select all that apply. *
Active in community activities significant enough to confirm knowledge of issues and individuals within the community
Possess decision-making abilities
Understanding of Ethnic/Gender Diversity
Willingness to tolerate/promote change
Interests & Experiences
Please tell us about yourself and why you want to serve.
It has always been my objective in life to be of service to my community and make a difference.
Please state the reason you would like to be a member of this board/commission.
As a former police officer, I have a background in law enforcement which I believe can be used to fulfill the duties called for by this board.
Have you served on an advisory group before?
Yes No
City Council Policy 3.03 states that Commissioners are required to attend meetings on a regular basis. If appointed, will you be able to attend meetings regularly and devote the time necessary to fulfill your duties as a member?
Yes No
Do you or immediate family members have any relationship (professional, financial, other) that may present a potential conflict of interest for this advisory group?
Yes No
Background Information
Duwayne Chavez Page 2 of 3
Attachment A
156
Based on your best judgment, does this Commission make decisions that may affect any sources of income, interests in real property, or investments of you or your spouse?
Yes No
Voter Registration (Questions appear if required)
Submit Application
Enter Your Initials:
DC
Date Signed
06/29/2025
Duwayne Chavez Page 3 of 3
Attachment A
157
Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION APPOINTING ONE MEMBER TO THE MEASURE A CITIZENS’
ADVISORY COMMITTEE
A vacancy exists on the Measure A Citizens’ Advisory Committee due to the resignation of the Mayoral Appointee, Tracie Glaves. and Having reviewed the active applications on file, Mayor Fugazi has nominated Duwayne Chavez to fill the vacancy; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. Duwayne Chavez is hereby appointed to the Measure A Citizens’ Advisory Committee, for a term effective immediately, and ending on January 31, 2029.
PASSED, APPROVED, and ADOPTED July 15, 2025 .
CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:
KATHERINE ROLAND, CMC, CPMC
City Clerk, City of Stockton
158
City of Stockton
Legislation Text
File #: 25-0770, Version: 1
APPROVE A MOTION TO ENTER INTO AN AGREEMENT FOR A ONE-TIME GENERAL FUND TRANSFER OF FUNDS TO GOSPEL CENTER RESCUE MISSION IN THE AMOUNT OF $150,000
RECOMMENDATION
It is recommended that City Council approve by motion an agreement with Gospel Center Rescue Mission Inc. for a one-time transfer of funds in the amount of $150,000 from the City Council’s Fiscal Year 2023-24 Year-End Discretionary fund.
It is also recommended that the motion authorize the City Manager to take appropriate and necessary actions to carry out the purpose and intent of the motion.
Summary
Council approved Resolution 2025-04-15-1501 (Attachment A), which authorized the transfer of $150,000 from the City Council Fiscal Year 2023-24 Year-End Discretionary funds to the Gospel Center Rescue Mission Inc., a 501 (c)(3) organization, to assist with its funding shortfall.
Per Resolution 2025-04-15-1501, “An agreement with Gospel Center Rescue Mission, Inc. will be executed with Council approval at a future date.” Staff have prepared said agreement for Council’s approval.
DISCUSSION
Background
At the Council meeting on December 3, 2024, the City Council approved a resolution that authorized the appropriation of $3,000,000 in Council Priority Project Funds. On February 4, 2025, Council approved Resolution 2025-02-04-1213 which authorized an appropriation of $2,000,000 to Light Up Stockton. The Council directed the Budget/Finance/Economic Development Committee to discuss the use of the remaining $1,000,000 of Council Priority Project Funds. The committee met on February 19th and recommended that $850K go toward a neighborhood traffic calming program and $150K go toward supporting a budget shortfall at the Gospel Center Rescue Mission.
The Gospel Center Rescue Mission Inc., a nonprofit 501(c)(3), has been serving the homeless men, women, and children of San Joaquin County since 1940. Per its mission statement, the Gospel Center Rescue Mission, Inc. is a ministry to the people of San Joaquin County where the homeless and addicted in our community are presented the opportunity for spiritual, physical, emotional restoration and equitable inclusion through the love of Jesus Christ.
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File #: 25-0770, Version: 1
Present Situation
At the April 15, 2025, council meeting, the City Council considered and approved the appropriation of $1,000,000 from the FY 2023/24 Year-End Discretionary funds for Council priority projects. At that meeting, the council approved the appropriation and expenditure of these funds to pay for a neighborhood traffic calming program and to assist the Gospel Center Rescue Mission with covering a stated shortfall to help support its efforts to serve the unhoused population in Stockton.
In accordance with Council direction, staff have prepared an agreement (Attachment B) between the City and Gospel Center Rescue Mission (GCRM) which will transfer the approved $150,000 from the Fiscal Year 2023-24 Year-End Discretionary Fund. The agreement will provide a one-time payment of $150,000 to GCRM to be transferred within 30 days of execution of the agreement. GCRM must use these funds solely to support their operational or programmatic costs related to its core mission of serving the unhoused and addicted population in Stockton and San Joaquin County as detailed in the Agreement. GCRM will provide a brief final report on the outcome of this funding no later than June 30, 2026.
Findings
Pursuant to Stockton Municipal Code (SMC) 3.68.070, Council may approve findings which support an exception to the competitive bidding process. The following findings support and justify an exception:
1. Cases of Emergency. The City Council approved a resolution “Proclaiming a Local Emergency on Homelessness” in November 2024, which calls upon the City Manager to, among other things, “Collaborate with Community Based service providers to strategically contract subject matter expertise,” supporting rapid engagement with organizations actively addressing homelessness. The Gospel Center Rescue Mission provides direct services to individuals experiencing homelessness and is a key partner in advancing the City’s response.
2. This funding is supporting a clearly defined public purpose, which is to support a long-standing nonprofit providing shelter, recovery services, and wraparound care to the unhoused population in Stockton. Supporting this organization directly aligns with the Council’s priority of addressing homelessness.
3. Gospel Center Rescue Mission provides unique, integrated services on a single campus, including addiction treatment, emergency shelter, medical services, and workforce readiness.
There are no equivalent providers with the same scale, scope, or location specific reach within Stockton’s downtown core.
FINANCIAL SUMMARY
This funding plan was proposed and approved as part of the Fiscal Year 2023-24 Year-End Discretionary Council Priority Projects.
Attachment A - Resolution 2025-04-15-1501
Attachment B - Agreement with Gospel Center Rescue Mission City of Stockton Page 2 of 2 Printed on 7/10/2025
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ATTACHMENT A
161
AGREEMENT BETWEEN CITY OF STOCKTON
AND
GOSPEL CENTER RESCUE MISSION
FOR SHELTER OPERATION SERVICES
THIS AGREEMENT is entered into _____________________ between the City of Stockton, a municipal corporation (“City”), and Gospel Center Rescue Mission, Inc., a California non-profit organization (“Recipient”).
RECITALS
The City Council of the City of Stockton allocated $150,000 in Fiscal Year 2023-24 YearEnd Discretionary Funds to support the ongoing operations of Gospel Center Rescue Mission, Inc. This allocation was made in response to a funding shortfall that the organization reported to City leadership, which threatened its ability to sustain critical services for individuals experiencing homelessness.
The source of funding for this agreement is the City Council’s Year-End Discretionary Fund, an allocation authorized as part of the adopted budget to support one-time community investments aligned with Council priorities. Use of these funds is subject to Council approval and must promote a public benefit.
Gospel Center Rescue Mission, Inc. is a 501(c)(3) nonprofit organization that provides critical services to individuals experiencing homelessness and addiction in Stockton and the greater San Joaquin County region. Founded in 1940, the organization offers shelter, addiction recovery, medical care, and wraparound support services to more than 1,000 individuals each day.
In November 2024, the City of Stockton formally proclaimed a Local Emergency on Homelessness, recognizing the growing and severe threat to public health and safety posed by unsheltered homelessness within the City. This agreement supports the City’s emergency response objectives by providing financial assistance to a nonprofit partner delivering critical serves to individuals experiencing homelessness.
The City supports the mission and impact of Gospel Center Rescue Mission, Inc. and desires to provide one-time funding assistance to help address an identified operational funding gap.
ATTACHMENT B
162
This Agreement establishes the terms and conditions for the use of the City’s one-time financial contribution to support community-based services aligned with the City’s goals for public health, safety, and community well-being.
DEFINITIONS
In addition to those terms defined elsewhere in this Agreement:
“City Funds” means the $150,000 available from City to Recipient pursuant to this Agreement. The City Funds are comprised of $150,000 allocated by the City Council from the City’s Fiscal Year 2023-24 Year-End Discretionary Funds. “Public Benefit” means a positive outcome or impact that benefits the general public or a significant portion of it, rather than being limited to a specific individual or group.
ATTACHMENT B
163
AGREEMENT
NOW THEREFORE, in recognition of the mutual consideration provided herein, City and Recipient hereby agree that the aforementioned recitals are true and correct and further agree as follows:
1. Term of Agreement
a. The term of this agreement shall commence on the date it is fully executed by both Parties and shall continue until December 31, 2025, unless earlier terminated in accordance with Section 5.
2. Funding
a. The City shall provide a one-time payment of $150,000 to Recipient within thirty (30) days of full execution of this Agreement and receipt of a completed vendor data form and W-9.
3. Use of Funds
a. Recipient shall use the funds solely to support operational or programmatic costs related to its core mission of serving the unhoused and addicted population in Stockton and San Joaquin County. Recipient agrees to expend funds provided by this Agreement consistent with its terms. If the City determines that funds were not expended consistent with the terms of this Agreement, Recipient shall return all non-compliant expenditures to the city within 30 days of notification. b. Allowable uses may include, but are not limited to:
i. Personnel costs for shelter or recovery programs
ii. Supplies and materials for client services
iii. Operational support for program facilities
iv. Transportation or outreach services
c. Recipient shall not use funds for capital expenditures, political activity, religious instruction, or any purposes unrelated to public benefit.
ATTACHMENT B
164
4. Reporting
a. Recipient shall submit a brief final report to the City by June 30, 2026, detailing:
i. A summary of activities funded by this Agreement
ii. Number of individuals served
iii. Narrative of community impact
iv. Total amount expended
5. Termination
a. The City may terminate this Agreement for any reason with thirty (30) days’ written notice. In the event of termination, Recipient shall return any unspent funds and provide a report on expenditures to date.
6. Notices
a. Any notice or communication under this Agreement by either party to the other shall be sufficiently given if delivered by personal service or if dispatched by registered mail, postage prepaid, return receipt requested, and:
i. Notice or communication to Recipient is addressed as follows:
Gospel Center Rescue Mission
445 S. San Joaquin St.
Stockton, CA 95203
ii. Notice or communication to City is addressed as follows:
City of Stockton
City Manager’s Office
425 N. El Dorado
Stockton, CA 95202
b. Any change by either party to the above address information shall be served in the same manner and take effect upon receipt.
ATTACHMENT B
165
7. Independent Entity
a. Recipient is not an agent, employee, or contractor of the City. This Agreement shall not be interpreted as creating any joint venture, partnership, or employer-employee relationship.
8. Entire Agreement
a. This Agreement constitutes the entire agreement of the parties hereto and supersedes all prior representations, understandings, undertakings or agreements (whether oral or written and whether expressed or implied) of the parties with respect to the subject matter hereof.
9. Amendments
a. This Agreement may only be modified by a written amendment signed by both Parties.
10. Breach and Remedies
a. Breach of this Agreement includes, but is not limited to, the following events:
i. Recipient’s failure to comply with the terms of this Agreement, including but not limited to use of, or permitting the use of, City Funds provided under this Agreement for ineligible activities. ii. Any failure to comply with deadlines in this Agreement. b. In addition to any other remedies that may be available to the City in law or equity for breach of this Agreement, City may:
i. Immediately terminate this Agreement.
ii. Require the return of any unexpended City Funds provided to Recipient.
iii. Require repayment of City Funds already disbursed and expended under this Agreement in the event it is determined that ineligible uses were funded.
iv. Require the return or transfer of all funds and/or property derived from the use of City Funds including, but not limited to, recaptured funds and returned funds.
ATTACHMENT B
166
v. Seek all available remedies, including specific performance, if applicable, to ensure the terms of the Agreement are met. c. All remedies available to City are cumulative and not exclusive. City may give written notice to Recipient to cure the breach or violation within a period of not less than 15 days.
11. Waiver
a. City’s failure to act with respect to a breach by Recipient does not waive its right to act with respect to subsequent or similar breaches. The failure of City to exercise or enforce any right or provision shall not constitute a waiver of such right or provision.
12.Choice of law and Venue.
a. This Agreement shall be construed and enforced pursuant to the laws of the State of California. Any action to enforce or for breach of this Agreement shall be brought exclusively in the state of California, San Joaquin County Superior Court or if brought in federal court, in the Eastern District Federal Court.
13.Hold Harmless and Indemnity
a. To the fullest extent permitted by law, Recipient shall hold harmless, defend, and indemnify City and its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, and costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with this Agreement or failure to comply with any of its obligations contained, except such loss or damage which was caused by the sole negligence or willful misconduct of City.
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. b. If the Recipient should subcontract any portion of the work to be performed under this agreement, the Recipient shall require each subcontractor to indemnify, hold harmless and defend the City, its officers, officials, employees, and volunteers in accordance with the terms of the preceding paragraph.
ATTACHMENT B
167
GOSPEL CENTER RESCUE MISSION, INC.,
a California nonprofit corporation
CITY OF STOCKTON
BY:
STEVE COLANGELO INTERIM
CITY MANAGER
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first written above.
ATTEST: CITY OF STOCKTON
___________________________
KATHERINE ROLAND
CITY CLE RK
APPROVED AS TO FORM:
LORI M. ASUNCION
CITY ATTORNEY
BY: _________________________
________________________________
ATTACHMENT B
168
City of Stockton
Legislation Text
File #: 25-0692, Version: 1
RESOLUTION APPOINTING MIKAELA CABANG TO THE STOCKTON ARTS COMMISSION AS
YOUTH ARTS COMMISSIONER
RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Appoint Mikaela Cabang to the Stockton Arts Commission as the Youth Arts Commissioner for a one-year term beginning immediately and ending June 30, 2026.
2. Authorize the City Manager to take whatever actions are appropriate and necessary to carry out the purpose and intent of this Resolution.
Summary
The Stockton Arts Commission (“SAC”) includes one designated Youth Arts Commissioner to serve as a liaison and voice for Stockton’s young artists. Following an open application and interview process, staff and commissioners recommend the appointment of Mikaela Cabang to serve in this role.
DISCUSSION
Background
The Youth Arts Commissioner position is a one-year term intended for a student who demonstrates leadership and a commitment to the arts and community service. The position was publicly announced on March 26, 2025, and the application period closed on April 30, 2025. Four qualified applications were received (Attachment A - Redacted Applications). Of those, three applicants participated in interviews.
Present Situation
After review and deliberation, Mikaela Cabang was identified as the top candidate. Mikaela is a youth leader with significant experience in youth advocacy, visual storytelling, and civic engagement through organizations such as Changeist, Little Manila Rising, and Unbound Stockton. Her demonstrated leadership, community service, and artistic contributions align well with the goals of the Stockton Arts Commission.
Pending Council approval, Mikaela Cabang will serve from July 15, 2025, through June 30, 2026, as a full voting member of the Commission.
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File #: 25-0692, Version: 1
FINANCIAL SUMMARY
The Stockton Arts Commission receives no remunerations. There is no direct financial impact to the City by taking this action.
Attachment A - Redacted Applications
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ATTACHMENT A
171
ATTACHMENT A
172
ATTACHMENT A
173
N/A
Voter Registration (Questions appear if required)
Submit Application
Please identify any specialized accommodations needed for equal participation:
N/A
Enter Your Initials:
SC
Date Signed
4-29-2025
Sidney K Clark
ATTACHMENT A
174
ATTACHMENT A
175
AWARDS:
- Academic
- Honor Roll (2022-2024 fall)
- Principal's Honor Roll (2024 spring, 2025 fall)
- 2 Odyssey of the Mind Silver Medals
- Choral
- Valley Youth Acapella Participation Award
- Valley Youth Acapella Musicianship Award
- LHS Choir Letter + 1 “eighth note”
ATTACHMENT A
176
ATTACHMENT A
177
ATTACHMENT A
178
ATTACHMENT A
179
Enter Your Initials:
MJC
Date Signed
04/29/2025
Mikaela J Cabang
ATTACHMENT A
180
Mikaela Cabang
Youth Leader | Photojournalist | Changemaker
EDUCATION
High School Student | Expected graduation: June 2026
San Joaquin Delta College | Concurrent Enrollment | August 2024 - Present
EXPERIENCE
Photojournalist | The Delta Collegian | August 2024 –
December 2024
• Captures compelling images to elevate feature
stories, campus news, and investigative articles.
• Collaborates with writers and editors to craft
visually impactful narratives for diverse audiences.
• Covers live events, community stories, and
interviews to amplify voices and shed light on key issues.
Team Leader | Changeist | November 2024 – Present
• Mentors and inspires youth to explore leadership
and community-building initiatives.
• Leads activities on storytelling, social impact, and
changemaking skills.
• Builds a supportive environment for youth to
design and execute impactful projects.
Media Team Member | Changeist | January 2024 – July 2024) • Produced meaningful content addressing
community issues and inspiring change.
SKILLS
Photography and Visual
Storytelling
Leadership and Youth
Mentorship
Event Planning and
Coordination
Social Emotional Learning
(SEL) Instruction
Community Engagement
and Service
AWARDS
Presidential Volunteer
Service Award – Gold (2023,
2024)
Youth Mental Health First
Aid Certification (June 2024)
Certificate of Recognition
for Filipino Studies & Civic
Engagement – LEAD
Filipino
EXTRA CURRICULARS
ATTACHMENT A
181
• Developed media skills through storytelling,
photography, and investigative work.
• Collaborated with peers to create content that
entertains, illuminates, and advocates.
Student Coach | Unbound Stockton | Junc 2024– Present
• Facilitated workshops on Social Emotional
Learning (SEL) and STEAM activities for youth.
• Volunteered in campus beautification projects, food
bank distributions, and family engagement events.
• Promoted teamwork and community service
among students and families.
Youth Leader | Little Manila Rising for Yo Cali | March 2025 – Present
• Collaborates with 12 youth organizations across
California.
• Co-create a powerful, values-driven narrative
centering the experiences and aspirations of young people in our communities.
• Participates in structured activities such as
leadership training, wellness campaigns, and healing justice practices.
*References and Letter of Recommendation available upon request
4-H Rising Stars Team
(2021–2023)
4-H Justice, Equity,
Diversity, and Inclusion
(JEDI) Team (2021–2023)
Little Manila Afterschool
Program
Healing Puso
EPIC Club
VOLUNTEER WORK AND
SERVICE HOURS
Changeist: 100+ hours (2023
- Present)
Unbound Stockton: 50+
hours (2024 - Present)
Community Programs: 100+
hours in 4-H, Little Manila,
Healing Puso, and EPIC Club
ATTACHMENT A
182
ATTACHMENT A
183
ATTACHMENT A
184
ATTACHMENT A
185
Diana Arzola Chacon
Motivated and adaptable high school student in her 3rd year with a strong foundation in customer service. Skilled in assisting individuals, handling transactions, and maintaining organization to enhance experiences.
VOLUNTEER EXPERIENCE
Stockton Symphony, San Joaquin Delta College — Volunteer February 2024 - March 2024
Assisted in scanning tickets, assisting customers to their seats and other basic guest service functions. Provided excellent customer service by addressing concerns and offering extra assistance.
Stockton Unified School District, Flora Arca Mata Elementary School — Volunteer
April 2024 - May 2024
Assisted in preparing and serving food to guests in a fast paced environment. Maintained cleanliness and organization in the serving area to ensure safety hazards. Provided friendly and efficient customer service, answering questions and accommodating special requests.
Stockton Covenant Church, Stockton — Volunteer
July 2024 - December 2024
Assisted in organizing, setting up, and managing events when needed.
Handled donations, sorted items, and maintained a clean and organized area. Collaborated with others to ensure smooth operations
EDUCATION
Health Careers Academy High School, Stockton
August 2022 - May 2026
A specialized high school centered in the healthcare field, offering coursework in anatomy, medical terminology, biology, and healthcare practices.
SKILLS
Communication
Customer Service
Bi-lingual (English/Spanish)
Adaptability
LANGUAGES
English (Fluent)
Spanish (Fluent/Native
language)
ATTACHMENT A
186
ATTACHMENT A
187
ATTACHMENT A
188
ATTACHMENT A
189
Enter Your Initials:
C.O.W
Date Signed
03/30/25
Christabel Osei-wusu
ATTACHMENT A
190
Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION APPOINTING MIKAELA CABANG TO THE STOCKTON ARTS
COMMISSION
The Stockton Arts Commission acts in an advisory capacity to the Stockton City Council in connection with the artistic and cultural development of the City; and The Stockton Arts Commission promotes and encourages programs that further the development and public awareness of all the arts including public art, fine arts, and performing arts; and
The Stockton Arts Commission recommends the appointment of Mikaela Cabang for one term to expire on June 30, 2026; and
In accordance with Stockton Municipal Code Section 2.94.040 A, members of the Stockton Arts Commission are appointed by the Mayor with approval of the City Council; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. The City Council appoints Mikaela Cabang to the Stockton Arts Commission.
2. Mikaela Cabang’s term will commence immediately upon approval and expire on June 30, 2026.
3. The Mayor with approval of the City Council agrees with the current recommendation of the Stockton Arts Commission and the Community Services Department.
4. The City Manager is authorized to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution.
PASSED, APPROVED, and ADOPTED July 15, 2025 .
ATTEST:
CHRISTINA FUGAZI
Mayor of the City of Stockton
KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
191
City of Stockton
Legislation Text
File #: 25-0713, Version: 1
ADOPT A RESOLUTION AUTHORIZING THE ACCEPTANCE, APPROPRIATION, AND
BUDGETING OF GRANT FUNDING FROM THE STATE OF CALIFORNIA DIVISION OF BOATING
AND WATERWAYS UNDER THE WATERWAY CONNECTIONS INITIATIVE GRANT
RECOMMENDATION
It is recommended that the City Council adopt a resolution:
1. Authorizing the City Manager, or designee, to accept and appropriate the grant award, conduct all negotiations, sign and submit all documents including applications, agreements, amendments, and payment requests, and make all necessary and appropriate actions in compliance with the grant terms and provisions of the State of California Division of Boating and Waterways funding;
2. Authorizing the filing of an appropriate environmental review under the California Environmental Quality Act (CEQA) by December 31, 2025; and
3. Authorizing the City Manager to take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution.
Summary
The City of Stockton has been awarded $2 million from the Department of Boating and Waterways (DBW) under the Waterways Connective Initiative grant for the improvements of the Louis Park Boat Launch facility (Attachment A - Louis Park Boat Launch Rendering). Acceptance and appropriation of this funding will provide the City with necessary design plans, permits, and funding for future construction, aimed at enhancing both the safety and accessibility of the facility for all boaters, including those using non-motorized vessels.
DISCUSSION
Background
The Louis Park Boat Launch facility was last renovated in 2008 and has since undergone routine maintenance and minor enhancements to support boater use. As recreational needs have evolved, upgrades are now necessary to ensure the site remains safe and accessible. Proposed improvements include ADA-compliant pathways, an on-site restroom (likely an Exeloo), and the extension of the original dock to include low-profile access to the water for non-motorized vessel users.
In October 2024, the City identified a funding opportunity through DBW’s Waterways Connective City of Stockton Page 1 of 2 Printed on 7/10/2025
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File #: 25-0713, Version: 1
Initiative grant, which provides grant funding to support infrastructure improvements at boating facilities. On December 3, 2024, Council approved Resolution No. 2024-12-03-1210 (Attachment B - Resolution 2024-12-03-1210), authorizing the City to submit a grant application on December 2, 2024, requesting $700,000 to fund planning and design efforts for the Louis Park Boat Launch facility improvements. After the application was submitted, DBW representatives conducted a site-walk and expressed desire to fund not only the planning phase, but the construction as well.
Present Situation
On May 8, 2025, the Boating and Waterways Commission approved a total grant award of $2 million, which includes the original $700,000 for planning and design, with an additional $1.3 million to fund construction.
ENVIRONMENTAL CLEARANCE
The Louis Park Boat Launch project was previously exempt from CEQA (Attachment C - CEQA Louis Park Boating Facilities Grant) as the original ask only involved planning and design. With the addition of construction activities, CEQA compliance is now required and must be completed by December 31, 2025.
The Community Development Department (CDD) has determined that the project may still qualify for a Categorical Exemption under CEQA Guidelines Section 15301(d), as it involves the rehabilitation of existing facilities to meet current health and safety standards. The project is also consistent with the City’s General Plan, including Policy LU-6.3, which supports access to well-maintained public facilities. Staff from EDD will coordinate with CDD on the appropriate environmental review for construction of the Louis Park Boat Launch facility improvements, ensuring compliance and completion of CEQA by December 31, 2025.
FINANCIAL SUMMARY
There are no matching funds requirements, and there is no impact to the City’s General Fund or any other unrestricted fund as a result of the recommended action. The funds will be appropriated and budgeted in the Special Grant Fund, in the Marina Division.
Staff will return to Council with a recommendation to award a contract for project planning, design, and permitting following a Request for Proposal (RFP) process. This first phase will include the development of detailed plans for the proposed improvements, as well as obtaining necessary permits for in-water construction. Once the design is complete, the City will issue a Request for Bids for Phase 2 of this project to complete construction. The anticipated grant funding will support the completion of design and construction work for this project.
Attachment A - Louis Park Boat Launch Rendering
Attachment B - Resolution 2024-12-03-1210
Attachment C - CEQA Louis Park Boating Facilities Grant City of Stockton Page 2 of 2 Printed on 7/10/2025
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ATTACHMENT A
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ATTACHMENT B
195
ATTACHMENT B
196
MEMORANDUM
November 20, 2024
TO: Jordan Peterson, Deputy Director of Redevelopment
Economic Development Department
FROM: Nicole D. Moore, LEED-AP, Contract Planner
Community Development Department
SUBJECT: CEQA NOE 55-24 – CALIFORNIA DIVISION OF BOATING & WATERWAYS –
LOUIS PARK BOAT LAUNCH PLANNING INITIATIVE
The Community Development Department received a request to review the above-referenced project for conformity with the Stockton General Plan and make an environmental determination pursuant to the California Environmental Quality Act (CEQA). The City of Stockton’s Economic Development Department is seeking grant funding from the Division of Boating and Waterways (DBAW) to support future improvements to the Louis Park Boat Launch facility. The funding, through the Waters Connection Initiative grant, will enable the City to contract with an engineering firm to develop plans for the proposed enhancements, as outlined in Attachment A – Louis Park Boat Launch Conceptualized Plans. These potential improvements include the addition of an ADAcompliant pathway, a low-profile dock, a boat washing station, enhanced lighting, and a terraced viewing area.
In accordance with Government Code §65402, the Community Development Department determines the project is in conformance with the Stockton General Plan. This determination is based on, but not limited to, conformance with General Plan Policy, LU-6.3 (Land Use) stating, “Ensure that all neighborhoods have access to well-maintained public facilities and utilities that meet community service needs.”
Concerning the California Environmental Quality Act (CEQA) determination, the Community Development Department concludes the project is Categorically Exempt under CEQA Guidelines as it involves the restoration and rehabilitation of deteriorated or damaged structures, facilities and equipment to meet current standards of public health and safety. The project is also not subject to any of the exceptions to the use of a Categorical Exemption listed at CEQA Guidelines §15300.2.
Upon approval by City Council, the Economic Development Department is advised to complete the attached Notice of Exemption (Attachment B) and file it with the San Joaquin County Clerk Office to initiate a 35-day statute of limitations on court challenges. Please retain a copy of the original posted notice within the project file in the Economic Development Department project file.
By:
Nicole D. Moore, LEED-AP, Contract Planner
Attachments
Attachment A: Request and Project Location
Attachment B: Draft Notice of Exemption
EXHIBIT 1
ATTACHMENT B
197
MEMORANDUM
November 20, 2024
TO: Nicole Moore, Contract Planner
Community Development Department
FROM: Jordan Peterson, Deputy Director of Redevelopment Economic Development Department
SUBJECT: CALIFORNIA DIVISION OF BOATING & WATERWAYS – LOUIS PARK
BOAT LAUNCH PLANNING INITIATIVE
Please provide the appropriate environmental review for the above-referenced project as described below:
Project Title: Louis Park Boat Launch Planning Initiative Applicant: City of Stockton – Economic Development Department Description/Location: Planning activities, including engineering and design, for Louis Park motorized and non-motorized boat launch
improvements.
The City of Stockton is seeking grant funding from the Division of Boating and Waterways (DBAW) to support future improvements to the Louis Park Boat Launch facility. The funding, through the Waters Connection Initiative grant, will enable the City to contract with an engineering firm to develop plans for the proposed enhancements, as outlined in Attachment A – Louis Park Boat Launch Conceptualized Plans. These potential improvements include the addition of an ADA-compliant pathway, a low-profile dock, a boat washing station, enhanced lighting, and a terraced viewing area.
Additionally, the engineering firm will be responsible for obtaining any necessary permits related to the proposed improvements as well as conducting hydrographic or bathymetric surveys. Should subsequent environmental reviews be required for project implementation, City staff will carry out the necessary evaluations to ensure compliance with CEQA.
Also, please make the required determination as to conformity to the General Plan in accordance with Section 65402 of the Government Code. If you have questions regarding this request, please contact me at extension 8506.
JORDAN PETERSON
DEPUTY DIRECTOR OF REDEVELOPMENT
Attachment
EXHIBIT 1
ATTACHMENT B
198
ATTACHMENT A
EXHIBIT 1
ATTACHMENT B
199
CITY OF STOCKTON
NOTICE OF EXEMPTION
TO: COUNTY CLERK FROM: Lead Agency
COUNTY OF SAN JOAQUIN City of Stockton
44 N. San Joaquin St., Ste. 260 c/o Economic Development Dept.
Stockton, CA 95202 400 E. Main St., 4th Floor
Stockton, CA 95202
NOTICE OF EXEMPTION PURSUANT TO PUBLIC RESOURCES CODE SECTION 21152(B) AND CALIFORNIA CODE OF REGULATIONS TITLE 14, SECTION 15062
PROJECT DATA
Project Title: California Division of Boating & Waterways – Louis Park Boat Launch Planning Initiative CEQA Exemption File No.: NOE 55-24
Applicant: City of Stockton, Economic Development Department Project Description/Location: The City of Stockton’s Economic Development Department is seeking grant funding from the Division of Boating and Waterways (DBAW) to support future improvements to the Louis Park Boat Launch facility. The funding, through the Waters Connection Initiative grant, will enable the City to contract with an engineering firm to develop plans for the proposed enhancements, as outlined in Attachment A – Louis Park Boat Launch Conceptualized Plans. These potential improvements include the addition of an ADA-compliant pathway, a low-profile dock, a boat washing station, enhanced lighting, and a terraced viewing area.
DETERMINATION/FINDING OF EXEMPTION
The above-described activity/project is exempt from the environmental assessment requirements of the California Environmental Quality Act (CEQA) pursuant to the following section(s) of the State CEQA Guidelines (California Code of Regulations, Title 14):
The activity is not a "project" as defined in CEQA Guidelines Section 15378.
The activity is exempt under the "general rule" at CEQA Guidelines Section 15061(B)(3).
The project is "Statutorily Exempt" per CEQA Guidelines Section: __________ X The project is "Categorically Exempt" per CEQA Guidelines Section 15301(d).
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).
CARRIE WRIGHT, DIRECTOR November 20, 2024
ECONOMIC DEVELOPENT DEPARTMENT (DATE OF PREPARATION)
By
Jordan Peterson, Deputy Director of Redevelopment (DATE OF FINAL APPROVAL) _____________________________________________________________________________________________
AFFIDAVIT OF FILING AND POSTING
I declare that on the date stamped above, I received and posted this notice or included it on a list of such notices which was posted as required by California Public Resources Code Section 21152(B). Said notice or list of notices will remain posted for 35 days from the filing date.
___________________________________________ ________________________________________________ Signature Title
_________________________________________
Posting Period Ending Date
EXHIBIT 1
ATTACHMENT B
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ATTACHMENT C
201
ATTACHMENT C
202
ATTACHMENT C
203
Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION AUTHORIZING THE ACCEPTANCE, APPROPRIATION AND
BUDGETING OF GRANT FUNDING FROM THE STATE OF CALIFORNIA DIVISION
OF BOATING AND WATERWAY CONNECTIONS INITIATIVE GRANT
The City of Stockton has the authority to construct, operate, and maintain the motorized launch at Louis Park and improvements to the non-motorized boat launch at Louis Park; and
The City of Stockton has been awarded a $2 million grant from the Division of Boating and Waterways under the Waterway Connections Initiative Grant (Exhibit 1 – Award Letter); and
The City of Stockton desires to enhance and repair the non-motorized boat launch at Louis Park to meet the needs of watercraft users and provide other public amenities to those utilizing the facility; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. Authorizing the City Manager, or designee, to accept, appropriate, and budget the grant award, conduct all negotiations, sign and submit all documents including applications, agreements (Exhibit 2 – Standard Agreement), amendments, and payment requests, and make all necessary and appropriate actions in compliance with the grant terms and provisions of the State of California, Division of Boating and Waterways funding.
2. Authorizing the filing of an appropriate environmental review under the California Environmental Quality Act (CEQA) by December 31, 2025. //
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3. Authorizing the City Manager 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
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State of California • Natural Resources Agency Gavin Newsom, Governor DEPARTMENT OF PARKS AND RECREATION Armando Quintero, Director Division of Boating and Waterways
P.O. Box 942896
Sacramento, California 94296-0001
Steve Colangelo, City Manager
City of Stockton
425 N. El Dorado Street
Stockton, CA 95202
Email: [email protected]
Subject: Louis Park Non-motorized Boat Launching Facility $2,000,000 Construction Grant (Contract C24709007) (Project #1241)
Dear Mr. Colangelo:
Attached is the Agreement between City of Stockton and the Department of Parks and Recreation, Division of Boating and Waterways (DBW) for the above listed project.
Please complete the following items:
__X__ Standard Agreement (STD 213), sign in blue ink or e-sign and date. __X__ CCC 04/2017, enclosed as Exhibit G, have the proper individual complete, sign in blue ink or esign and date. The CCC 04/2017 package contains clauses and conditions that may apply to your Agreement. The CCC will be kept on file in a central location and must be renewed every three (3) years and updated as changes occur.
Return entire Agreement with signatures to [email protected] or one hard copy to the address stated above.
The Agreement Performance Period and Term begin the date the face-page is signed by DBW. DBW will write this date on the blank lines at execution. This Agreement is not binding on either party until approved by DBW. The State will not make payments for any work done or purchases made prior to the Agreement being fully executed.
For inquiries regarding the implementation of this Agreement, please contact Joe Dux at (916) 902- 8822 or by email at [email protected].
For inquiries regarding the processing of this Agreement, please contact me at (916) 902-8293 or by email at [email protected].
Sincerely,
Heidi Burns
Grants and Loans Unit
Attachments
EXHIBIT 1
206
SCO ID: 3790-(24709007
STATE OF CALIFORNIA- DEPARTMENT OF GENERAL SERVICES .---------------.-----------------�
STANDARD AGREEMENT AGREEMENT NUMBER
(24709007
PURCHASING AUTHORITY NUMBER (If Applicable)
STD 213 (Rev. 04/2020)
1. This Agreement is entered into between the Contracting Agency and the Contractor named below:
CONTRACTING AGENCY NAME
Parks and Recreation, Division of Boating and Waterways (Department)
CONTRACTOR NAME
City of Stockton
2. The term of this Agreement is:
START DATE
6/1/2025 or the date signed by the Department (whichever comes later)
THROUGH END DATE
2/1/2027
3. The maximum amount of this Agreement is:
$2,000,000.00 (two million dollars and zero cents)
4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made a part of the Agreement.
Exhibits Title
Exhibit A Scope of Work
Exhibit B Budget Detail and Payment Provisions
Exhibit C * General Terms and Conditions
Exhibit D Construction Terms
Exhibit E Department of Parks and Recreation, Division of Boating and Waterways Maintenance Guidelines Exhibit F Feasibility Report
Exhibit G Contractor Certification Clauses 4/2017
Items shown with an astensk (*), are hereby incorporated by reference and made part of this agreement as if attached hereto.
These documents can be viewed at https:l/www.dgs.ca.gov/OLS/Resources IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.
CONTRACTOR
CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.) City of Stockton
CONTRACTOR BUSINESS ADDRESS
425 N. El Dorado Street
PRINTED NAME OF PERSON SIGNING
Steve Colangelo
CONTRACTOR AUTHORIZED SIGNATURE
CITY
Stockton
TITLE
Interim City Manager
DATE SIGNED
Pages
1 2
5 17
4 5
5 '
STATE I
ZIP
CA 95202
EXHIBIT 2
207
SCO ID: 3790-(24709007
STATE OF CALIFORNIA- DEPARTMENT OF GENERAL SERVICES
STANDARD AGREEMENT
STD 213 (Rev. 04/2020)
CONTRACTING AGENCY NAME
AGREEMENT NUMBER
(24709007
STATE OF CALIFORNIA
Parks and Recreation, Division of Boating and Waterways (Department)
CONTRACTING AGENCY ADDRESS
P.O Box 942896
PRINTED NAME OF PERSON SIGNING
Ramona Fernandez
CONTRACTING AGENCY AUTHORIZED SIGNATURE
PURCHASING AUTHORITY NUMBER (If Applicable)
CITY
Sacramento
TITLE
Deputy Director
DATE SIGNED
!
STATE
CA I
ZIP
94296
Page2of2
EXHIBIT 2
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Scope of Work
City of Stockton (Contractor) agrees to complete the design, permits, and construction of improvements to the Louis Park non-motorized boat launching facility located at 3121 Monte Diablo Avenue, Stockton, CA 95203, with the funding from this agreement.
1. Engineering - The engineering scope of work includes completing the design and establishing an engineer’s estimate of construction costs for installing a low freeboard float, a gangway, a concrete abutment, steel guide piles, a two-unit restroom, associated utilities, accessible parking with striping, an accessible path of travel to the boat launch, pathway lighting, a retaining wall (if needed for the accessible path), and project credit signage as described in Exhibit F Feasibility Report.
2. Permits - Include but are not limited to: U.S. Army Corps of Engineers Section 404 Permit, California Department of Fish and Wildlife Streambed Alteration Permit, Sec. 1602, California Regional Water Quality Control Board 401 Water Quality Certification, and any additional permits identified as necessary through the CEQA process.
3. Construction – Construct the non-motorized boat launching facility and improvements as identified in the engineering designs detailed in Item 1 above.
Project representatives during the term of this Contract shall be:
Madison Lozada, Administrative Analyst II
City of Stockton
Joe Dux, Project Manager
Division of Boating and Waterways
3121 Monte Diablo Avenue
Stockton, CA 95203
P.O. Box 942896
Sacramento, CA 94296
(209) 937-7541 (916) 902-8822
[email protected] [email protected]
EXHIBIT 2
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Budget Detail and Payment Provisions
Invoicing and Payment
For services satisfactorily rendered, and upon receipt and approval of the invoices, the State agrees to compensate the Contractor for actual expenditures incurred in accordance with the project scope and estimated costs up to a maximum of $2,000,000 specified in the Louis Park NMBLF Project Cost Estimate chart provided below.
Budget Contingency Clause
It is mutually agreed that if the Budget Act of the 2021 funding year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the project, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to the Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement.
If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this project, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an agreement amendment to Contractor to reflect the reduced amount.
Prompt Payment Clause
Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927.
Project Cost Estimate
City of Stockton estimates the project cost total as currently proposed is $2,000,000. The Louis Park NMBLF Project Cost Estimate chart (see page 2) identifies the estimated cost breakdown.
EXHIBIT 2
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CONSTRUCTION SCOPE COST ESTIMATE
Mobilization $ 65,000
Demolition 90,000
Low Freeboard Float and Gangway (8 foot by 100 foot) 400,000 Concrete Abutment 50,000
Steel Guide-Piles 105,000
Two-unit Unisex Precast Restroom 160,000
Utilities 229,390
Concrete ADA Parking and Striping 100,000
Accessible Path of Travel from Parking to Restroom to
Boarding Float 80,000
ADA Pathway Lighting 49,500
Retaining Wall 50,000
Project Credit Sign 10,000
Construction Subtotal $ 1,388,889
NON-CONSTRUCTION COSTS
Escalation 9% 125,000
Contingency 15% 208,333
Engineering 12% 166,667
Inspection 5% 69,444
Permits 3% 41,667
Non-Construction Subtotal $ 611,111
TOTAL ESTIMATED PROJECT COST $ 2,000,000
Source = Concept/Cost Estimate dated April 2025
*Percentages are of the Construction Subtotal
*3% per year for 3 years = 9% escalation
Table 1: Louis Park NMBLF Project Cost Estimate
EXHIBIT 2
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General Terms and Conditions (GTC 02/2025)
EXHIBIT C
1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained.
2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.
3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment.
4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).
5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Contractor in the performance of this Agreement.
6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute.
7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand.
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8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State.
9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post-consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205).
10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractors shall not deny the contract’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause.
Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.) Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.
11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 04/2017 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.
12. TIMELINESS: Time is of the essence in this Agreement.
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13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided.
14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California.
15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out below.
a. The Government Code Chapter on Antitrust claims contains the following definitions:
1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code.
2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550. b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder.
Government Code Section 4552.
c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553.
d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554.
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16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that:
a. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and
b. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.
17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.
18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.
19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS:
a. If for this Contract Contractor made a commitment to achieve small business participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) report to the awarding department the actual percentage of small business participation that was achieved. (Govt. Code § 14841.)
b. If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department: (1) the total amount the prime Contractor received under the Contract; (2) the name and address of the DVBE(s) that participated in the performance of the Contract; (3) the amount each DVBE received from the prime Contractor; (4) that all payments under the Contract have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.)
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20. LOSS LEADER: If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).)
21. GENERATIVE AI DISCLOSURE OBLIGATIONS:
a. The following terms are in addition to the defined terms and shall apply to the Contract:
1) “Generative AI (GenAI)” means an artificial intelligence system that can generate derived synthetic content, including text, images, video, and audio that emulates the structure and characteristics of the system's training data. (Gov. Code § 11549.64.)
b. Contractor shall immediately notify the State in writing if it: (1) intends to provide GenAI as a deliverable to the State; or (2), intends to utilize GenAI, including GenAI from third parties, to complete all or a portion of any deliverable that materially impacts: (i) functionality of a State system, (ii) risk to the State, or (iii) Contract performance. For avoidance of doubt, the term “materially impacts” shall have the meaning set forth in State Administrative Manual (SAM) § 4986.2 Definitions for GenAI.
c. Notification shall be provided to the State designee identified in this Contract.
d. At the direction of the State, Contractor shall discontinue the provision to the State of any previously unreported GenAI that results in a material impact to the functionality of the System, risk to the State, or Contract performance, as determined by the State.
e. If the use of previously undisclosed GenAI is approved by the State, then Contractor will update the Deliverable description, and the Parties will amend the Contract accordingly, which may include incorporating the GenAI Special Provisions into the Contract, at no additional cost to the State. f. The State, at its sole discretion, may consider Contractor’s failure to disclose or discontinue the provision or use of GenAI as described above, to constitute a material breach of Contract when such failure results in a material impact to the functionality of the System, risk to the State, or Contract performance. The State is entitled to seek any and all remedies available to it under law as a result of such breach, including but not limited to termination of the contract.
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CONSTRUCTION TERMS
Table of Contents
ARTICLE 1 - DEFINITIONS ...................................... 2 ARTICLE 2 - CONTRACTOR’S WARRANTIES .......................... 3 ARTICLE 3 - TERM OF CONTRACT ................................. 3 ARTICLE 4 - BUDGET CONTINGENCY ............................... 4 ARTICLE 5 - DISBURSEMENT OF CONTRACT ......................... 5 ARTICLE 6 - DESIGN AND CONSTRUCTION OF PROJECT ............... 6 ARTICLE 7 - COMPLETION OF PROJECT ............................ 9 ARTICLE 8 - OPERATION AND MAINTENANCE OF PROJECT ............. 9 ARTICLE 9 - BREACH OF CONTRACT .............................. 12 ARTICLE 10 - LIABILITY AND FIRE INSURANCE ................... 13 ARTICLE 11 - INSTALLATION OF OTHER FACILITIES ............... 14 ARTICLE 12 - SIGN REFERRING TO DEPARTMENT FINANCING ......... 14 ARTICLE 13 - DIRECTIONAL SIGNS .............................. 15 ARTICLE 14 - WAIVER OF RIGHTS ............................... 15 ARTICLE 15 - PROJECT REPRESENTATIVES ........................ 15 ARTICLE 16 - REMEDIES NOT EXCLUSIVE ......................... 15 ARTICLE 17 - OPINIONS AND DETERMINATIONS .................... 16 ARTICLE 18 - ASSIGNMENT ..................................... 16 ARTICLE 19 - SUCCESSORS AND ASSIGNS OBLIGATED ............... 16 ARTICLE 20 - LIABILITY ...................................... 16 ARTICLE 21 - TERMINATION .................................... 17 ARTICLE 22 - SUPERSEDING GENERAL TERMS AND CONDITIONS (GTC) . 17 EXHIBIT 2
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ARTICLE 1 - DEFINITIONS
A. “Budget Act”: The legislative enactment of a budget in support of on-going programs (appropriations) in accordance with the provisions of Section 12 of Article IV of the Constitution of the State of California.
B. “CEQA”: The California Environmental Quality Act.
C. “Commission”: The Boating and Waterways Commission.
D. “Contract”: Legally binding agreement that authorizes funds to finance all or part of the Project Costs.
E. “Contract Performance Period”: The time during which the Contractor may carry out the work authorized by the Contract.
F. “Contractor”: The Entity identified as the Contractor on the Standard Agreement Form 213 of the Contract.
G. “Date of Acceptance”: The date specified on the Project Completion Certification, and which denotes the beginning of the twenty (20) year portion of the Contract term in accordance with Article 3, Subpart A of this Exhibit.
H. “Department”: The Department of Parks and Recreation, Division of Boating and Waterways.
I. “Exhibit F”: The feasibility report, which presents the proposed Project in “concept” form only. The actual Project layout shall be determined by the Contractor and the engineer of record (to be determined) during the design process taking actual site conditions and public safety into account. The Project must meet the scope, cost and intent of this report and shall conform to Department guidelines.
J. “Project”: The construction, improvement or development of a recreational small craft boat launching facility as described in Exhibit F.
K. “Project Area”: The real property, and improvements thereto, identified in Exhibit F, within which the Project will be undertaken.
L. “Project Completion Certification”: A fully executed Notice of Completion, or equivalent, which states the Contractor has accepted the Project as complete on a specific date (Date of Acceptance).
M. “Project Costs”: Engineering, permitting, material and construction costs that are incurred by the Contractor for the purpose of completing the Project. However, Project costs incurred:
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1. Shall not include any indirect or overhead charges,
2. For engineering, permitting and inspection shall be no greater than the combined maximum budget allocation for Engineering, Inspection and Permit Costs as identified in Exhibit F (Louis Park Non-motorized Boat Launching Facility Feasibility Report),
3. For engineering, inspection, and construction management services provided by the Contractor or Contractor’s personnel may only be reimbursed with prior written approval of Department, and
4. Shall not include any expenses incurred prior to the start date of this Contract.
ARTICLE 2 - CONTRACTOR’S WARRANTIES
A. The Contractor warrants that the obligation created by this Contract will not create an indebtedness or liability contrary to the provisions of Section 18 of Article XVI of the Constitution of the State of California.
B. The Contractor warrants that it has title to, or adequate interests in, the Project Area.
Adequate interests include, but are not limited to, the following:
1. Access to the Project Area by a maintained public way,
2. A right of passage over a waterway, open to the public, between the Project Area and navigable waters, and
3. Easements or other rights of way outside the Project Area sufficient to provide utilities and services to the Project.
C. The Contractor warrants that there is no encumbrance, lien, easement, license, title, cloud or other interest that may interfere with the Project Area or use thereof by the public.
ARTICLE 3 - TERM OF CONTRACT
A. This Contract, subject to any provision for prior termination, shall begin on the Contract Start Date and shall continue for twenty (20) years from the Date of Acceptance by the Contractor. If the Date of Acceptance occurs before or after the stated Contract Performance Period end date, the Contract will be amended to reflect the revised 20- year term.
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B. This Contract may be extended, amended or cancelled upon the written agreement of the parties.
C. Failure by the Contractor to comply with the terms of any Department contract may jeopardize the Contractor's ability to be awarded funding in future funding opportunities offered by the Department.
ARTICLE 4 - BUDGET CONTINGENCY
A. Only funds that have been appropriated by the Legislature and approved for expenditure on the Project by the Department, on or before the first date of the Contract Performance Period of this Contract, are authorized for disbursement through this Contract.
B. In the event that the Legislature or Department, for any reason, does not approve sufficient funding for this Project, or should the Contractor be unable to complete the Project within the established budget or otherwise be unable to fund any costs over the established budget, and provided that the Contractor has not accepted any Contract funds, Department shall have no liability to pay any funds whatsoever to the Contractor or to furnish any other consideration under this Contract and the Contractor shall not be obligated to perform any provision of this Contract; this Contract shall be of no further force and effect.
C. In the event that the Legislature or Department does not approve sufficient funds to complete the Project, or should the Contractor be unable to complete the Project within the established budget or otherwise be unable to fund any costs over the established budget, and the Contractor has drawn Contract funds:
1. The Contractor shall repay all drawn Contract funds within ninety (90) days of the end of the fiscal year that such approval is denied, or
2. The Contractor shall complete the Project within the scheduled timeline using the Contractor’s own funds, or
Upon the Department’s discretion,
3. Department and Contractor may agree upon a reduced scope version of the Project to be completed within the scheduled timeline and all funds in excess of those previously appropriated necessary to complete the Project shall come from the Contractor, or
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4. Department and Contractor may, within ninety (90) days of knowledge of such denial, agree that the expenditure of such funds toward the Project constitutes construction completion. The date of such agreement shall become the Date of Acceptance of the Project and the Contractor shall be obligated to perform all non-construction provisions of this Contract for twenty (20) years beyond the Date of Acceptance.
ARTICLE 5 - DISBURSEMENT OF CONTRACT
The Department shall provide a Contract to the Contractor in the maximum amount stated on the face page of the Contract, however:
A. No funds shall be disbursed for work performed prior to the first date of the Contract Performance Period of this Contract.
B. The Department shall have no obligation to disburse any Contract funds for construction activities unless and until the Contractor demonstrates that it has acquired all permits necessary to construct and operate the Project.
C. The Department shall have no obligation to disburse any Contract funds unless and until the Contractor provides the Department with copies of fully executed contracts for which it seeks reimbursement.
D. The Department shall have no obligation to disburse any Contract funds unless and until the Contractor demonstrates that it has satisfactorily complied with the California Environmental Quality Act (CEQA) for the Project.
E. Contract disbursements to cover Project Costs shall be made in arrears as follows:
1. Contractor shall request a Contract disbursement in arrears at least quarterly, but not more frequently than monthly, for any and all reimbursable expenses incurred during that period, using the form provided by the Department unless the Contractor has a form otherwise approved by the Department in writing. Paid invoices or other evidence of the Contractor’s payment of Project Costs must accompany Contract disbursement requests.
2. Contract disbursement requests shall be submitted in duplicate hardcopy to the Department in a form satisfactory to the Department.
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or explanation of no progress made on the Project, at least quarterly, but not more frequently than monthly.
4. The Department shall withhold from each Contract disbursement an amount equal to ten percent (10%) of each disbursement until the Department has accepted the Project as complete and has approved all Project Costs and all stop notices or other liens have been released.
5. The Contractor shall request the final Contract disbursement no later than thirty (30) days following the Date of Acceptance of the Project by the Contractor.
F. The Department, at its sole discretion, may withhold any Contract disbursement if the Contractor fails to comply with any of the provisions of this Contract or if the Contractor is in breach of any contract with the State or the Department until the breach is remedied.
G. The Contractor shall maintain accounting records in accordance with Generally Accepted Accounting Principles.
ARTICLE 6 - DESIGN AND CONSTRUCTION OF PROJECT
A. The Contractor shall obtain from the Department advance written approval of the following:
1. All bid documents prior to advertisement including plans and specifications,
2. All subcontracts prior to award,
3. All change orders of $5,000 or more, for any work performed under this Contract, and
4. All changes to Project schedule discussed in Subpart D of this Article, of thirty (30) days or more.
B. All architectural and engineering subcontracts for plans and specifications shall require that the plans and specifications:
1. Be prepared by persons licensed by the State of California to undertake the type of design work required by the Project (engineer's/architect's certificate number to appear on construction contract design documents),
2. Be prepared in conformance with the most recent version of the Department of Boating and Waterways’ Layout & Design Guidelines for Boat Launching Facilities,
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3. Be submitted to the Department in 11” X 17” hardcopy and electronically in full sized and 11” X 17” PDF format. Specifications shall also be submitted in hardcopy and in PDF format,
4. Become the property of the Contractor,
5. Provide for all Project facilities set forth in Exhibit F, and
6. Provide for shore side facilities for removing waste from vessel holding tanks in accordance with Harbors and Navigation Code Section 654.1.
C. All construction contracts for the Project shall:
1. Be awarded in accordance with all applicable laws and regulations,
2. Contain the following clause: “The Department of Parks and Recreation, Division of Boating and Waterways and its agents may, at any and all reasonable times during the term of this Contract, enter the Project Area for purposes of inspecting the Project Area.”
3. Contain a clause stating that the Contractor and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee who is employed in the work covered by such contracts or against any applicant for such employment because of sex, sexual orientation, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age, marital status, and denial of family care leave, and that such provisions shall include, but not be limited to:
employment, upgrading, promotion or transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training including apprenticeship,
4. Contain a clause that the construction contractor shall comply with all air pollution and environmental control rules, regulations, ordinances and statutes which apply to the Project and any work performed pursuant to this Contract,
5. Require that the Project be constructed according to the plans and specifications prepared for the Project, and that quality control shall be performed, and compliance with specifications shall be verified, by qualified professionals selected by the Contractor or Contractor’s representative, and
6. If a boat launching ramp is to be constructed, require the preparation of a concrete test panel as specified in Subpart F of this Article.
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7. Shall contain the requirements of Article 10 Liability and Fire Insurance and Article 20 Liability of this Contract.
D. The Contractor shall, within sixty (60) days of approval of this Contract, provide the Department with a Project schedule showing the proposed dates of the following Project phases or milestones:
1. Beginning and ending dates of Project design consultant selection by the Contractor,
2. Submission of the consultant services agreement to the Department for approval,
3. Beginning and ending of Project design,
4. Submission of plans and specifications to the Department for approval at 30%, 60%, 90% and 100% completion,
5. Beginning and ending dates of Contractor advertising of Project for bids,
6. Project bid opening date,
7. Submission of the construction Contract to the Department for approval,
8. Beginning and ending dates of Project construction,
9. Acceptance of Project by the Contractor, and
10. Submission of a Project Completion Certification to the Department.
E. The Contractor shall provide the Department with a Construction Schedule showing all construction milestones, including the date the v-grooving test panel will be prepared and ready for Department inspection as required by Subpart F below.
F. No placement or v-grooving of concrete for boat launching ramps on the Project shall be allowed until the construction contractor demonstrates proficiency in creating a satisfactory v-grooved surface by preparing a concrete test panel measuring no less than 6 feet by 4 feet. A Department representative must accept the test panel before the construction contractor shall be allowed to place or v-groove concrete for boat launching ramps. Precast boat launching ramp panels are exempt from the test panel requirement but must also be approved by a Department representative prior to placement or installation. Test panels must be adjacent to, but not part of, any ramp work to be completed and must remain accessible until all ramp work is completed and accepted by Department. The Contractor may incorporate the test panel into other concrete work (i.e. trash enclosure, etc.).
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furnished in favor of the Contractor and the Department, as their interests may appear, bonds or other security interests as allowed pursuant to Public Contract Code sections 10263 and 22300 in the minimum amounts indicated below:
1. Faithful performance – one-hundred percent (100%) of the total subcontract bid price.
2. Labor and materials – one-hundred percent (100%) of the total subcontract bid price.
H. The Contractor shall provide at least quarterly written reporting to the Department as to the progress and status of the Project using the form provided by the Department unless the Contractor has a form otherwise approved by the Department in writing.
ARTICLE 7 - COMPLETION OF PROJECT
A. The Contractor shall complete the Project no later than February 1, 2027.
B. The Contractor shall provide the following to the Department within sixty (60) days of the Date of Acceptance:
1. A Project Completion Certification (or equivalent)
2. An accounting of all contract funds
3. As-built plans and specifications electronically
ARTICLE 8 - OPERATION AND MAINTENANCE OF PROJECT
A. The Contractor shall not transfer its interest in the Project Area without the written approval of the Department.
B. The Project and all other improvements constructed or placed in the Project Area shall be operated solely as a recreational small craft boat launching facility. Other uses of the facility such as for craft fairs, festivals, SNO-PARKS, special events, storage, transient parking, camping, etc., are not allowed without the prior written permission of the Department.
C. The Project Area shall be open to all recreational vessels, including vessels powered by 2-stroke and 4-stroke gasoline engines, at all times during the term of this Contract except as approved by the Department. Notwithstanding Harbors and Navigation Code section 660, any non-emergency restrictions related to time-of-day use, speed zones, special-use areas, or pollution control measures in the Project Area which result in EXHIBIT 2
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closure or partial closure of waterways in the Project Area to any recreational vessel shall be subject to prior approval by the Department. Failure to obtain prior approval of the Department for such restrictions shall constitute a breach of this Contractor and may result in penalties set forth in Article 9 of this Exhibit.
D. The Contractor (or any lessee or concessionaire operating under the authority of the Contractor) shall not charge any fee or combination of fees totaling more than $13.00 to include but not limited to fees for: vessel launch and retrieval, parking, entry, day-use, and water-use. Such funds may be collected and used only to make repairs, renewals, and replacements necessary for the efficient operation of the recreational small craft boat launching facility and to keep the facility in good repair at all times. The total fee charged may be adjusted annually in accordance with percentage changes in the United States Bureau of Labor Statistics Consumer Price Index (CPI) using the U.S. City Average, All Items, 1982-84 = 100, as of the first date of the Contract Performance Period of this Contract. Any adjustment exceeding the annual percentage change in the CPI shall be made only after the Contractor obtains the written approval of the Department. Such rates and fees shall be maintained at a level comparable to those charged at State owned boat launching facilities in the region.
E. The Contractor shall maintain the Project Area and all improvements funded by this Contract in accordance with the Department of Parks and Recreation, Division of Boating and Waterways Maintenance Guidelines (Guidelines), a copy of which is attached to and made a part of this Contract. The Department and its agents may, at any and all reasonable times during the term of this Contract, enter the Project Area for purposes of inspecting the Project Area to determine if the facility is being maintained according to the Guidelines.
1. The Contractor shall provide to the Department, within sixty (60) days of the first date of the Contract Performance Period of this Contract, a maintenance schedule for approval detailing how each objective of the attached Guidelines will be addressed within the Project Area over the term of this Contract. Each objective of the Guidelines must be considered; any objectives that are not applicable to the Contractor shall be included in the schedule with notation that such objective does not apply to this Project Area. The Department shall not unreasonably withhold its approval; however, it is the Contractor’s responsibility to ensure that such maintenance schedule adequately addresses the EXHIBIT 2
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Contractor’s responsibilities and each objective. The Department’s written approval of the maintenance schedule shall be required before any funds are disbursed.
2. The Contractor shall comply with the approved maintenance schedule throughout the term of this Contract. Failure to maintain the facility according to the maintenance schedule is a breach of this Contract.
3. Any changes to the maintenance schedule must be approved in writing by the Department.
F. The Department shall not be liable for any costs of maintenance, management, control or operation of the Project Area.
G. The Project Area shall be open and accessible for the use and enjoyment by the general public on equal and reasonable terms.
H. All Project Area facilities shall be maintained and operated with due regard to public safety and in accordance with all applicable laws, ordinances, and regulations. All subcontracts relating to the operation of the Project shall include a nondiscrimination and compliance clause as referenced in Article 6, Subpart C of this Exhibit.
I. All concession agreements for the operation and maintenance of the Project Area must have the written approval of the Department prior to award. The Department will approve such concession agreements only when the Contractor can demonstrate that private sector operation is the best available alternative. Concession agreements of a short-term duration (five years or less) are preferred, with renewal based upon performance reviews by both the local governmental agency and the Department. Any concession agreement for operation and maintenance of greater than five (5) years shall require the concessionaire to make a capital investment, acceptable to the Department, in the Project Area.
J. All concession agreements for operation of the Project shall provide the following:
1. Fees paid to the Contractor by the concessionaire for the operation and maintenance of the Project (usually a percentage of gross receipts) may only be for “reasonable administrative charges” so as not to motivate the Contractor to turn over the operation and maintenance of the Project for purely profit considerations.
2. Fees paid to the concessionaire for use of the facility shall be no greater than those allowed in this Contract.
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3. The concessionaire shall operate the Project and all other improvements placed in the Project Area solely as a recreational small craft boat launching facility unless receiving written permission from the Contractor and the Department for other permanent or special event uses.
4. The Project Area shall be open and accessible for the use and enjoyment by the general public on equal and reasonable terms.
5. All Department signs shall be kept permanently in place.
ARTICLE 9 - BREACH OF CONTRACT
The Department through written notice may require the Contractor to remedy to Department’s satisfaction any breach of this Contract within ninety (90) days of the date of such notice. The Department may extend the time permitting remedy of the breach if the Contractor begins such remedy within the said period; however, if the Contractor fails to proceed with or complete any remedial action within the time allowed, then the Department may take one or more of the following steps:
A. The Department may take any action to correct the breach. The Contractor shall be liable for all costs, including administrative costs, incurred in the course of correcting the breach.
B. The Department may require the Contractor to repay the Department for all Project Costs funded by the Contract. The Contractor shall make such repayment within onehundred and eighty (180) days of the close of the fiscal year within which Department demands repayment. Repayment shall be determined by the Department on a prorated unexpired term basis (the remainder of the twenty (20) year term as determined in Article 3, Subpart A).
C. In the event the Contractor adopts time-of-day, speed zones, special-use area, pollution control measures, or any other restrictions which restrict any or all of the Project Area, or result in its closure or partial closure to any form of recreational vessel, the Department may determine the percentage of boaters affected and may require the Contractor to repay the Contract on a prorated unexpired term basis for that percentage of all Project Costs funded by the Contract. The Contractor shall make such repayment within onehundred and eighty (180) days of the close of the fiscal year within which a Department EXHIBIT 2
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demands repayment. Repayment shall be made according to a schedule determined by the Department after consultation with Contractor.
ARTICLE 10 - LIABILITY AND FIRE INSURANCE
A. The Contractor shall, at a minimum, maintain in full force and effect during the term of this Contract the following insurance:
Bodily Injury or Death: $1,000,000 each person
$1,000,000 each occurrence
Property and Product Damage $1,000,000 each occurrence
$1,000,000 aggregate
Fire Insurance 90% of the full insurable value of all
insurable components of the Project.
B. All policy or policies shall contain the following endorsement:
The State of California, its officers, agents, employees and servants are hereby declared to be additional insured under the terms of this policy, as to activities of both the Contractor and the Department in respect to the Project, and this policy shall not be cancelled without thirty (30) days prior written notice to the Department.
C. The Contractor agrees that all contracts between it and the subcontractor (or subcontractors) responsible for construction of the Project shall contain a clause which requires the subcontractor(s) to obtain insurance in the minimum amounts and kinds specified above in Article 10, Subpart A.
D. The insurance requirements specified above in Article 10, Subpart A, may be satisfied to the extent that the Contractor can provide comparable protection for the Contractor and the Department by virtue of the Contractor participation in any "risk management" plan, self-insurance program, insurance pooling arrangement, or any combination of these, provided that the protection plan has been approved by the Department.
E. The Contractor agrees that all subcontracts between it and the designer (or designers) responsible for design and preparation of plans and specifications of the Project shall contain a clause requiring said designer(s) to obtain Architect’s Professional Liability (errors and omissions) Insurance in the amount of $1,000,000.
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F. Copies of any policy or policies, including any new or renewal policy, shall be in a form satisfactory to the Department. Copies of such policy or policies shall be submitted to the Department at least twenty (20) days prior to the effective date or dates thereof.
G. Loss under any fire insurance policy shall be payable to the Department for deposit in an appropriate trust fund with the State of California. The proceeds may be paid to the Contractor upon the Contractor's application for the reconstruction of the destroyed facilities.
H. The Department shall not be responsible for the payment of any premiums or assessments on the Contractor’s insurance policies.
I. The Contractor shall provide proof of insurance to the Department annually and upon written request by the Department.
ARTICLE 11 - INSTALLATION OF OTHER FACILITIES
A. The Contractor may at its own expense place or cause to be placed within the Project Area any structure, alteration, and/or improvement in addition to those set forth and described in Exhibit F, provided that such facilities:
1. Are constructed, maintained and operated for the use, enjoyment, protection and service of the public,
2. Are in compliance with Article 8 of this Exhibit,
3. Do not directly or indirectly reduce the service capabilities for the boating public called for in Exhibit F including the sanitary and parking facilities, and
4. Have the prior written approval of the Department. Approvals shall not be unreasonably withheld.
B. The Department shall not be obligated to make or cause to be made any alteration, improvement, or repair to any facilities within the Project Area in addition to the original construction to the Project as provided for herein.
ARTICLE 12 - SIGN REFERRING TO DEPARTMENT FINANCING
The Contractor shall cause a permanent sign to be installed within the Project Area, which shall include the Department’s logo (to be provided by Department) and a statement that the Department financed the Project. The sign may contain additional statements, which recognize the participation of other government agencies in the Project. The sign shall be installed before EXHIBIT 2
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the Project is made available to the public. The standard Department precast concrete sign shall be used unless the Contractor is required to use a different sign style or motif. An electronic drawing of the standard Department Project credit sign shall be furnished by the Department to the Contractor for inclusion in the plans and specifications. The location of the Project credit sign and make-up of a non-standard sign, including the dimensions, materials and lettering, requires the prior approval of the Department.
ARTICLE 13 - DIRECTIONAL SIGNS
The Contractor shall at the direction of the Department cause permanent directional signs to be installed, which shall provide adequate directions for reaching the Project Area. The signs shall be installed on major roads in the area and in as close proximity as possible to freeway exits in conformance with the provisions of the Local Agency’s Development Code and the State Department of Transportation (CalTrans) policy. The locations and make-up of the signs, including the dimensions, materials, and lettering, require the prior approval of the Department.
ARTICLE 14 - WAIVER OF RIGHTS
Any waiver by either party hereto of its rights with respect to a default or any other matter arising in connection with this Contract shall not be deemed to be a waiver with respect to any other default or matter.
ARTICLE 15 - PROJECT REPRESENTATIVES
The Contractor and the Department shall each designate specific staff representatives for the purposes of communication between parties. The Contractor’s representative shall be by delegation of authority, signed by the person designated by resolution to sign the Contract or any amendments, and to make decisions concerning the Contract.
ARTICLE 16 - REMEDIES NOT EXCLUSIVE
The use by either the Department or the Contractor of any remedy specified in this Contract for the enforcement of this Contract is not exclusive and shall not deprive the party using such remedy of, or limit the application of, any other remedy provided by law.
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ARTICLE 17 - OPINIONS AND DETERMINATIONS
Where the terms of this Contract provide for action to be based upon the opinion, judgment, approval, review, or determination of either the Department or Contractor, such terms are not intended to be and shall never be construed as permitting such opinion, judgment, approval, review, or determination to be arbitrary, capricious or unreasonable.
ARTICLE 18 - ASSIGNMENT
No assignment or transfer of this Contract or any part hereof, rights hereunder, or interest herein by the Contractor shall be valid unless and until it is approved by the Department in writing. The Department’s approval shall be granted at its sole discretion and may be made subject to such reasonable terms and conditions as the Department may impose.
ARTICLE 19 - SUCCESSORS AND ASSIGNS OBLIGATED
This Contract and all of its provisions shall apply to and bind the successors and assigns of the parties hereto.
ARTICLE 20 - LIABILITY
A. The Contractor waives all claims and recourse against the Department, including the right to contribution for any losses or damages arising from, growing out of, or in any way connected with or incident to this Contract.
B. The Contractor agrees to indemnify, defend, and hold harmless the Department, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm, entity or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Contract, and/or from any and all claims and losses accruing or resulting to any person, firm, entity or corporation who may be injured or damaged by the Contractor in the performance of this Contract.
C. The Contractor shall indemnify, hold harmless, and defend the Department, its officers, agents and employees against any and all claims, demands, damages, costs, expenses or liability connected with or arising out of the acquisition, design, construction, operation, maintenance, existence or failure of the Project.
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D. If the Department is named as a co-defendant, the Contractor shall notify the Department and represent it unless the Department elects to represent itself. If the Department undertakes its own defense, it shall bear its own litigation costs, expenses and attorney's fees.
ARTICLE 21 - TERMINATION
A. Prior Termination. This Contract shall terminate on the date specified in Article 7, Subpart A of this Exhibit if by such date (1) the Contractor has not met all conditions precedent to disbursement under this Contract, or (2) the Department has disbursed no part of the Contract funds.
B. Termination. In addition to the Department’s right to terminate pursuant to Exhibit C, and as otherwise provided in this Contract, the Department may terminate this Contract without cause upon thirty (30) calendar days advance written notice to the Contractor.
C. In the event of termination, the Contractor shall promptly return all advanced funds to the Department.
ARTICLE 22 - SUPERSEDING GENERAL TERMS AND CONDITIONS (GTC) A. Notwithstanding Paragraph 13 in Exhibit C, payment to the Contractor for expenses shall be limited as provided for in Article 5 of this Exhibit.
B. Paragraph 5 in Exhibit C is replaced by Article 20 of this Exhibit.
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Introduction
This document presents guidelines for meeting the minimum maintenance standards for the operation and maintenance of publicly owned boat launching facilities that are funded by the California Department of Parks and Recreation, Division of Boating and Waterways (DBW).
Because DBW funds these publicly owned facilities, the State has a financial stake in their success. The attached guidelines, developed by DBW, are intended to ensure that DBW funded boat launch facilities are managed and maintained in a manner compatible with DBW’s mission – to provide safe and convenient boating access – and that the public entity owning the facility (the “Agency”) is fulfilling its responsibilities. The Agency’s primary responsibility in this context is maintaining the value of the property, including both tangible site improvements and the intangible value of the boat launch facility’s reputation with the boating public.
Scope
The scope of these guidelines is limited to those items that reflect the quality of the boat launch facility (BLF) and its operations. The seven categories that are addressed are: (1) regular maintenance, (2) major maintenance, (3) boat launch facility staff, (4) boat launch facility operations and administration, (5) boat launch facility regulations, (6) security, and (7) amenities.
The scope does not include financial measures and other items that would be covered separately when a Memorandum of Understanding (MOU), Operating Agreement, Concession Agreement or Lease Agreement occurred between an Agency and an operator. In addition, these guidelines are separate from, and complementary to, the conditions and expectations set forth in any contractual agreement that might exist between the Agency and an operator. These guidelines were developed under the assumption that any contractual obligations, such as financial performance, reporting, and lease payments from an operator to an Agency, would be monitored separately. However, in the event that an Agency contracts out the operation of a BLF to an operator, any agreement between the Agency and the operator must specify that the operator must apply these guidelines and operate and maintain the BLF to at least the minimum condition that would be achieved by following these guidelines.
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These guidelines should be applied within the context of the existing maintenance conditions of the boat launch facility. Likewise, they should reflect long-term goals for the boat launch facility.
The three key long-term goals that apply to most publicly owned boat launch facilities are as follows:
Maintain the boat launch facility to a standard that attracts boaters to the boat launch facility.
Meet current and long-range needs of the community and of boaters in the region.
Produce, or set aside, boat launch or parking revenues sufficient to maintain the boat launch facility infrastructure, such as regular slurry sealing and striping of the parking lot, replacement of boarding float flotations as needed, or restroom roof repairs.
The following guidelines represent the minimum that shall be required of an Agency to operate and maintain a DBW funded BLF.
Guidelines
The following table documents, in categories, the minimum outcomes that must be met in a properly maintained DBW funded BLF. The Agency is responsible for preparing, and updating, a maintenance schedule describing, in detail, how each of the objective/outcomes will be addressed by the Agency during the term of the BLF contract. During the contract term, the maintenance schedule shall be updated every five years, and whenever there are changes to the property, expected or unexpected, that might normally require changes in maintenance levels (examples include, but are not limited to, new construction or other major physical and non-physical changes including storm damage, faster than anticipated erosion, or higher than expected usage). In the event that such a change will not require a change in maintenance levels an updated maintenance schedule is still required; and, the Agency must clearly document why no change in service is required.
In order to verify that Agencies are maintaining facilities as required, DBW will make periodic and random inspections of funded BLFs. After an inspection, Agencies will be provided with DBW’s inspection results. In the event that facilities are not being maintained to DBW’s guidelines, the Agency will be required to respond and take corrective action immediately. Agencies that do not maintain their facilities to at least these guidelines will not be considered for future DBW funding.
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Category Objectives/Outcomes
A. Regular
Maintenance
Maintenance of existing and new structures and
facilities is conducted on a regular basis to maintain
viability of the boat launch facility. Taking into
account the initial condition of the boat launch
facility, the facilities, including ramps, boarding
floats, restrooms, lighting, and landscaping are
maintained in a safe, neat, sanitary, and orderly
condition.
B. Major
Maintenance
Inspections for possible major maintenance
problems are conducted to prevent the need for
premature replacement of facilities. The boat launch
facility structures are maintained in an acceptable
manner, enhancing the long-term viability of the
boat launch facility and reducing risk to users, the
Agency, and DBW. The facility is maintained in an
insurable condition and is free of defects caused by
neglect. Major maintenance of necessary items is
scheduled and completed in a timely manner and
minimizes degradation of the boat launch facility.
C. Staff Boat launch facility staff, where provided, are qualified, competent, and experienced. Staff are (1)
knowledgeable about boats and boating, (2)
available every day including peak season
holidays, (3) friendly, (4) professional in
appearance, and (5) proactive in meeting the needs
of customers.
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Category Objectives/Outcomes
C. Staff (cont.) Boat launch facility staff, where provided, are responsive to customers and maintain a service
orientation. A mechanism to reach staff or other
personnel in off-hours or emergencies is in place.
D. Operations and
Administration
The Operator has a long-range plan to maintain
viability of the boat launch facility that is realistic and reflective of DBW’s mission.
The staff management plan specifies staffing levels
and availability of staff, and procedures for
responses to complaints. All facilities and services
are operated in accordance with hours authorized
in the contract/operating agreement.
E. Regulations The boat launch facility is in compliance with applicable federal, state, and local laws, rules,
regulations, contracts, and restrictions.
F. Security Boat launch facility security is maintained to appropriate guidelines for the region. The Boat
launch facility security system is in place and
operational and law enforcement incidents at the
boat launch facility are at levels similar to other
boat launch facilities in the region.
G. Amenities Amenities provided are in good condition, and help draw customers to the facility.
Revised 01.04.2019
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LOUIS PARK NON-MOTORIZED BOAT LAUNCH FACILITY
PROJECT SCOPE AND BUDGET SUMMARY
The Division of Boating and Waterways (DBW) proposes to fund up to $2,000,000 from the Waterways Connection Initiative (WCI) funding to the City of Stockton (City) to engineer, design, acquire permits, and construct non-motorized boating access improvements to the Louis Park Boat Launching Facility (BLF) at 3121 Monte Diablo Ave, Stockton, CA 95203.
PROPOSED PROJECT SCOPE
Engineering, permitting, construction, and inspection of the following items:
• Low Freeboard Float and Gangway (8 foot by 100 foot)
• Concrete Abutment
• Steel Guide-Piles
• Two-Unit Unisex Precast Restroom
• Utilities
• Concrete ADA Parking and Striping
• ADA Path of Travel from parking to restroom to boarding float • ADA Pathway Lighting
• Retaining Wall (if necessary) for ADA-compliant pathway between restroom and beginning of path to the boarding float
• Project Credit Sign
Background:
The Louis Park BLF is in the City of Stockton, in San Joaquin County, about 70 miles east of San Francisco and 40 miles south of Sacramento. The BLF is part of the larger 73 acre Louis Park, a regional park that includes 40 picnic tables, three restrooms, baseball diamonds, basketball courts, tennis and handball courts, and Pixie Woods, a children’s play park.
The BLF provides public boating access from a protected cove at the recently completed Smith Canal flood gate, alongside the San Joaquin River. From there boaters can enter the Deepwater Channel which provides access to over 1,000 miles of Sacramento-San Joaquin Delta waterways.
This waterway is a major artery leading into downtown Stockton. It connects the City to the Pacific Ocean through the San Joaquin River and the Port of Stockton. At the City’s downtown waterfront, boaters can dock at the marina for day use or overnight, and access the downtown waterfront promenade which offers a wide range of dining options and entertainment venues.
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Visitors can explore other boat launching facilities in the area, including the Buckley Cove BLF, located five miles to the northwest on the Stockton Channel, and the Morelli Park BLF, located five miles to the east on the Stockton Channel.
The Louis Park BLF was constructed in 1964 by the City of Stockton. The facility consisted of a two-lane boat launching ramp, a boarding float, a 54 vehicle- trailer parking area, and a fishing access dock.
In FY 2003, the City of Stockton was given a $792,000 Harbors and Watercraft Revolving Fund grant that widened the two-lane boat launching ramp to four launching lanes, added boarding floats, extended the parking area, slurry sealed/restriped the parking area, constructed a sidewalk, installed storm drainage, new lighting, a shade structure, and safety railing.
Waterways Connections Initiative
In FY 2021-22, the Department of Parks and Recreation was allocated approximately $154 million in a direct appropriation from the state’s Budget Act, SB-170. This funding was intended to expand waterway-related outdoor access to under-resourced, underserved, or park-poor urban communities with a population of at least 2,500, that lack connection to waterways. Of this appropriation, DBW was allocated $10 million for local assistance boat launching facility projects that fit this funding criteria.
The City of Stockton has a population of 319,000 and is identified as a disadvantaged community with 15% of the population at or below the poverty level. It is one of the most racially diverse cities in the country. While the City has three public boat launch facilities for motorized vessels, formal facilities for non-motorized boating is insufficient for its population.
Existing Conditions:
• The City recently slurry sealed and striped the parking area. • The concrete v-grooved boat launch ramp and pile-guided boarding floats are in good condition and expected to be operational for at minimum, another 10 years. • The walkway that runs along the north side of the boat launching ramp has many bumps and cracks and is not ADA compliant.
• The existing pile-guided boarding float and gangway that runs parallel to the walkway are dilapidated and not suitable for non-motorized craft. • The City removed the previous restroom building; there currently is no restroom at the facility.
Grant Award Includes:
Funding for reimbursement of costs to design, permit, construct, and inspect the nonmotorized improvements identified above under PROPOSED PROJECT SCOPE. The EXHIBIT 2
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PROJECT COST ESTIMATE below and PROPOSED PROJECT SCOPE identified above supersede the City’s application.
The City and DBW agreed to the proposed Louis Park NMBLF Project Cost Estimate in Table 1 below, and DBW’s engineer developed the concept design included on page 5 of this exhibit. The cost estimate (Table 1) and design concept supersede all previous designs and cost estimates and are the basis for this contract.
Project Funding Excludes:
Any costs in excess of $160,000 for the boater restroom, reimbursement for City administration, owner’s representation, project management, CEQA and related studies, picnic tables, shade structures, bike racks, etc., landscaping (unless required by permits), and all other non-boating related park amenities.
Condition: CEQA must be completed, at no expense to the WCI contract, by December 31, 2025. No grant reimbursement will be authorized until the City has demonstrated that CEQA is complete.
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PROJECT METRICS
Annual Launches
Current: According to the City, the facility was closed for the past three years for flood gate construction and did not track annual boat launches at the facility.
Future: The City estimates the annual number of public non-motorized boat launches at the improved facility will be 5,000 per year. This amount factors in participants of club rowing. While clubs may use DBW funded facilities, funding decisions are based on use by the typical public recreational boater, therefore, DBW assumes a more conservative usage of 3,000 non-motorized launches per year.
Annual User Days
A typical non-motorized boat can accommodate one person per vessel. Therefore, DBW estimates that the annual user days for this facility will be 3,000 annual user days.
Unit Day Value
CONSTRUCTION SCOPE COST ESTIMATE
Mobilization $ 65,000
Demolition 90,000
Low Freeboard Float and Gangway (8 foot by 100 foot) 400,000 Concrete Abutment 50,000
Steel Guide-Piles 105,000
Two-unit Unisex Precast Restroom 160,000
Utilities 229,390
Concrete ADA Parking and Striping 100,000
Accessible Path of Travel from Parking to Restroom to
Boarding Float 80,000
ADA Pathway Lighting 49,500
Retaining Wall 50,000
Project Credit Sign 10,000
Construction Subtotal $ 1,388,889
NON-CONSTRUCTION COSTS
Escalation 9% 125,000
Contingency 15% 208,333
Engineering 12% 166,667
Inspection 5% 69,444
Permits 3% 41,667
Non-Construction Subtotal $ 611,111
TOTAL ESTIMATED PROJECT COST $ 2,000,000
Source = Concept/Cost Estimate dated April 2025
*Percentages are of the Construction Subtotal
*3% per year for 3 years = 9% escalation
Table 1: Louis Park NMBLF Project Cost Estimate
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The 2018 California Boating Needs Assessment Study established a unit day value in the Central Valley. The unit day value is an established way to measure recreational benefits boaters gain from the experience of boating on a particular body of water. The unit day value, adjusted for the consumer price index (CPI), is $50.47. DBW estimates that the unit day value for the proposed facility will increase after the facility is improved to $151,410 annually (unit day value x projected annual user days).
Benefit-Cost Ratio
A common method used in the analysis of investments is to establish net present value of the benefits and costs associated with a project. If the Benefit/Cost ratio exceeds “1” then the investment, weighed against available investment alternatives, is worthy of consideration from a financial perspective. The results of this analysis are as follows:
Benefit: The total benefits over the 20-year life of the project are estimated to be $2,370,630.
Cost: Net costs over the 20-year grant period are estimated to be $2,000,160.
Ratio: Assuming a total project cost of $2,000,000 to complete designs, acquire permits, and complete construction, the Benefit-Cost Ratio is 1.19.
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Louis Park NMBLF Concept Design
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CCC 04/2017
CERTIFICATION
I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective CONTRACTOR to the clause(s) listed below.
This certification is made under the laws of the State of California.
CONTRACTOR/Bidder Firm Name (Printed) Federal ID Number By (Authorized Signature)
Printed Name and Title of Person Signing
Date Executed Executed in the County of
CONTRACTOR CERTIFICATION CLAUSES
1. STATEMENT OF COMPLIANCE: CONTRACTOR has, unless exempted, complied with the nondiscrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2, Section 11102) (Not applicable to public entities.)
2. DRUG-FREE WORKPLACE REQUIREMENTS: CONTRACTOR will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about:
1) the dangers of drug abuse in the workplace;
2) the person's or organization's policy of maintaining a drug-free workplace; 3) any available counseling, rehabilitation and employee assistance programs; and, 4) penalties that may be imposed upon employees for drug abuse violations. c. Every employee who works on the proposed Agreement will:
1) receive a copy of the company's drug-free workplace policy statement; and, 2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement.
Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and CONTRACTOR may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the CONTRACTOR has made false certification, or EXHIBIT 2
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violated the certification by failing to carry out the requirements as noted above. (Gov.
Code §8350 et seq.)
3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: CONTRACTOR certifies that no more than one (1) final unappealable finding of contempt of court by a Federal court has been issued against CONTRACTOR within the immediately preceding two-year period because of CONTRACTOR’s failure to comply with an order of a Federal court, which orders CONTRACTOR to comply with an order of the National Labor Relations Board. (Pub. Contract Code §10296) (Not applicable to public entities.)
4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO REQUIREMENT: CONTRACTOR hereby certifies that CONTRACTOR will comply with the requirements of Section 6072 of the Business and Professions Code, effective January 1, 2003.
CONTRACTOR agrees to make a good faith effort to provide a minimum number of hours of pro bono legal services during each year of the contract equal to the lessor of 30 multiplied by the number of full time attorneys in the firm’s offices in the State, with the number of hours prorated on an actual day basis for any contract period of less than a full year or 10% of its contract with the State.
Failure to make a good faith effort may be cause for non-renewal of a state contract for legal services, and may be taken into account when determining the award of future contracts with the State for legal services.
5. EXPATRIATE CORPORATIONS: CONTRACTOR hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the State of California.
6. SWEATFREE CODE OF CONDUCT:
a. All Contractors contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the contract have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. The contractor further declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct as set forth on the California Department of Industrial Relations website located at www.dir.ca.gov, and Public Contract Code Section 6108. b. The CONTRACTOR agrees to cooperate fully in providing reasonable access to the CONTRACTOR’s records, documents, agents or employees, or premises if reasonably required by authorized officials of the contracting agency, the Department of Industrial EXHIBIT 2
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Relations, or the Department of Justice to determine the CONTRACTOR’s compliance with the requirements under paragraph (a).
7. DOMESTIC PARTNERS: For contracts of $100,000 or more, CONTRACTOR certifies that CONTRACTOR is in compliance with Public Contract Code section 10295.3.
8. GENDER IDENTITY: For contracts of $100,000 or more, CONTRACTOR certifies that CONTRACTOR is in compliance with Public Contract Code section 10295.35.
DOING BUSINESS WITH THE STATE OF CALIFORNIA
The following laws apply to persons or entities doing business with the State of California.
1. CONFLICT OF INTEREST: CONTRACTOR needs to be aware of the following provisions regarding current or former state employees. If CONTRACTOR has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification.
Current State Employees (Pub. Contract Code §10410):
1). No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment. 2). No officer or employee shall contract on his or her own behalf as an independent CONTRACTOR with any state agency to provide goods or services.
Former State Employees (Pub. Contract Code §10411):
1). For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency. 2). For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service.
If CONTRACTOR violates any provisions of above paragraphs, such action by CONTRACTOR shall render this Agreement void. (Pub. Contract Code §10420) EXHIBIT 2
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Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Pub. Contract Code §10430 (e))
2. LABOR CODE/WORKERS' COMPENSATION: CONTRACTOR needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and CONTRACTOR affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700)
3. AMERICANS WITH DISABILITIES ACT: CONTRACTOR assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)
4. CONTRACTOR NAME CHANGE: An amendment is required to change the CONTRACTOR’s 'name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment.
5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA:
a. When agreements are to be performed in the state by corporations, the contracting agencies will be verifying that the contractor is currently qualified to do business in California in order to ensure that all obligations due to the state are fulfilled. b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. Although there are some statutory exceptions to taxation, rarely will a corporate contractor performing within the state not be subject to the franchise tax.
c. Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in order to be qualified to do business in California. Agencies will determine whether a corporation is in good standing by calling the Office of the Secretary of State.
6. RESOLUTION: A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement.
7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the CONTRACTOR shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.
EXHIBIT 2
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8. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all contractors that are not another state agency or other governmental entity.
EXHIBIT 2
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City of Stockton
Legislation Text
File #: 25-0262, Version: 2
ADOPT A RESOLUTION TO ALLOCATE GRANT FUNDING FROM THE HOMELESS HOUSING,
ASSISTANCE AND PREVENTION (HHAP) PROGRAM TO PERMANENT AND INTERIM
HOUSING PROJECTS AND APPLY FOR, ACCEPT, AND APPROPRIATE GRANT FUNDING FROM HHAP ROUND 6
RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Approve and allocate the following HHAP recommendations for funding in the total of $3,886,680, which includes the following 5 projects:
· $409,010.00 to Children’s Home of Stockton for the Catalyst Project. · $409,010.00 to Lutheran Social Services of Stockton for Project Hope. · $409,010.00 to PREVAIL of Stockton for the Propel Project. · $1,244,210.00 to St. Mary’s Community Services for Pathways Neighborhood. · $1,415,440.00 to Delta Community Developers Corp. for Harding Way Apartments.
2. Authorize staff to apply for, accept, and appropriate grant funding for Round 6 of the Homeless Housing, Assistance and Prevention Grant Program.
3. Authorize the City Manager, or designee, to enter into and execute any associated documents and take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Summary
The State's HHAP funds are designed to support regionally coordinated efforts between the County, Continuum of Care (CoC) and the City to expand and develop local capacity to address immediate homelessness challenges throughout the state. HHAP funds are focused on moving homeless individuals and families into permanent housing and ensuring those individuals and families maintain their permanent housing.
Staff recommend that Council approve a resolution authorizing the allocation of HHAP funding to five projects. Staff further recommends Council authorize staff to apply for, accept, and appropriate grant funding for HHAP 6. The HHAP award amounts are formula-based; however, the City is still required to apply for funds. Approval of this recommendation will position the City to apply for funds just made available in March through the HCD NOFA application. In February, staff received notification that the City of Stockton Page 1 of 4 Printed on 7/10/2025
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File #: 25-0262, Version: 2
City of Stockton potential award amount for HHAP 6 would be $11,531,786.79. The application is due in August 2025 and must be applied for in conjunction with San Joaquin County.
DISCUSSION
Background
On June 21, 2022, City Council adopted Resolution No. 2022-06-21-1203 (Attachment A - Resolution 2022-06-21-1203) to apply for, accept, and appropriate grant funding from the California Interagency Council on Homelessness (Cal ICH) for Round 3 of the HHAP Program. Cal ICH was the former HHAP oversight department and has been replaced by the Department of Housing and Community Development (HCD). Subsequently, on November 15, 2022, City Council approved a motion (Attachment B - Approved Motion 2022-11-15-1602) authorizing the submission of a grant application to apply for, accept, and appropriate grant funding for Round 4 of the HHAP Program. Initial obligation deadlines for Rounds 3 and 4 have been met. The final obligation of funds proposed by this resolution will complete allocation of those respective rounds and allow submittal of the application to receive HHAP 6.
Present Situation
The 2025 HHAP Rounds 3 & 4 NOFA was released February 6, 2025, and closed March 13, 2025. A total of 11 responses were received and reviewed by Economic Development Department (EDD) for HHAP funding eligibility.
· All projects were reviewed to determine HHAP eligibility for permanent and interim housing uses.
o 11 projects were eligible.
· Eligible projects were then reviewed to determine the capacity of meeting HHAP obligation and spending deadlines.
o 5 projects met this threshold.
The five eligible projects that could reasonably meet HHAP obligation and spending deadlines were subsequently evaluated and scored by the Review Team. Additionally, the five eligible project applications were shared with the County’s Neighborhood Preservation Department (NPD), who serves as the Collaborative Applicant for the CoC and is also a HHAP funding recipient, to ensure NPD agrees the projects align with regional housing and homeless plans.
Following thorough review, staff recommends funding the named projects:
· Children’s Home of Stockton for the Catalyst Project $409,010. • Provides shelter and supportive services for Transitional Age Youth (TAY), ages 18-25. Catalyst is expanding from 18 to 24 beds. Services include case management, therapy, service linkages, and important resources for clients. · Lutheran Social Services of Stockton for Project Hope $409,010. • Provides 12 TAY program participants with shelter and case management, housing navigation, life skill development, employment support, and connection to community resources.
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· PREVAIL of Stockton for the PROPEL Project $409,010.
• Providing Resources and Opportunities for Peers Experiencing Life (PROPEL).
Safe House and Emergency Shelter for youth ages 12-17 and Opportunity House Emergency Shelter for youth ages 18-24.
· St. Mary’s Community Services for the Pathways Neighborhood $1,244,210. • Providing low-barrier sheltering for clients, providing case management and wraparound services with a focus on obtaining and sustaining permanent housing.
· Delta Community Developers Corp. for the Harding Way Apartments $1,415,440. • The funds will be used to rehabilitate the current structure to create 33 affordable housing units and 2 clinical offices to provide on-site Behavioral Health Services through San Joaquin County to mental health consumers and individuals experiencing substance abuse, as well as on-site laundry facilities.
All programs utilize the Coordinated Entry System (CES) and Homeless Management Information System (HMIS), both mandated for HHAP funding.
A more comprehensive outline is provided in Attachment C - HHAP Recommendations.
These projects support the Regional Goals (Attachment D).
HHAP 6 Application
In addition to allocating the final pieces of funding for HHAP Rounds 3 and 4, the attached resolution gives authority to the City Manager to apply for HHAP Round 6 funding.
HHAP 6 reflects the State’s priorities in prevention and expeditiously reducing unsheltered homelessness through homelessness prevention activities, sustaining existing interim and permanent housing solutions, and long-term sustainability of permanent affordable housing (Health and Safety Code section 50243(a)). To accomplish these goals, HHAP 6 requires applicants to update and continue to implement the regionally coordinated homelessness action plans that were created as a requirement of the HHAP 5 application. (Health and Safety Code section 50240).
HHAP 6 Application and Award Process
NOFA and Final Allocations Available February 2025
NOFA Application Walk-through March 18, 2025
Final Applications Due August 29, 2025
HCD reviews and approves application Rolling, Sept. - Dec. 2025 Obligation and expenditure requirements for each Round of HHAP are shown in Attachment E.
FINANCIAL SUMMARY
There will be no financial impact to the City’s General Fund or any other unrestricted fund as a result City of Stockton Page 3 of 4 Printed on 7/10/2025
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of this action. Funding to support the recommendations is budgeted and available in the Special Grant Fund (Fund 280, Sub-fund 282), Housing Division. If awarded, HHAP 6 funding will be appropriated in the Special Grant Fund (Fund 280, Sub-fund 282), Housing Division.
Attachment A - Resolution 2022-06-21-1203
Attachment B - Approved Motion 2022-11-15-1602
Attachment C - HHAP Recommendations
Attachment D - Regional Goals
Attachment E - HHAP Obligation and Expenditure Deadlines City of Stockton Page 4 of 4 Printed on 7/10/2025
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HHAP Funding Recommendation Project Descriptions
Organization and Project Name Purpose of Funding Amount Request Children’s Home of Stockton
Catalyst Project Expanding housing by an additional 6 beds.
Target Population # of Units # to be served Timeline
Transitional Aged Youth 6 24 2025 - 2027
Organization and Project Name Purpose of Funding Request Lutheran Support Services
Project HOPE Delivery of Interim Housing.
Target Population # of Units # to be served Timeline
Transitional Age Youth 12 18 2025 - 2027
Organization and Project Name Purpose of Funding Request
PREVAIL
PROPEL Youth Shelter Program
Operations of Safe and Opportunity House,
emergency sheltering for youth.
Target Population # of Units # to be served Timeline
12 yr – 24 yr 14 114 2025 - 2027
Organization and Project Name Purpose of Funding Request St. Mary’s Community Services
Pathways Neighborhood Operations of a low-barrier shelter.
Target Population # of Units # to be served Timeline
Encampment residents 160 777 2025 - 2027
Organization and Project Name Purpose of Funding Request Housing Authority County of San Joaquin
Harding Way Apartments Operations of Permanent Supportive Housing Target Population # of Units # to be served Timeline
Mental Health clients and
indv. facing homelessness &
substance abuse
33 33 2025 - 2027
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ATTACHMENT D
REGIONAL GOALS
Goal 1: Establish a Coordinated and Engaged Regional System of Care.
Develop a fully coordinated and transparent system that can help obtain greater funding, identify shared priorities, and establish a formal coordinated entry system to identify, assess, and connect individuals to housing and services.
Goal 2: Increase Access and Reduce Barriers to Homeless Crisis Response Systems.
Engage unsheltered individuals, provide safe places to stay at night, and connect people to public benefits, services, and housing opportunities.
Goal 3: Ensure Households Experiencing Homelessness Have Access to Affordable and Sustainable Permanent Housing.
Invest in the creation, rehabilitation, and expansion of affordable housing options; and provide the support and tools necessary for people to maintain their housing and optimize their selfsufficiency successfully.
The Regional Goals were established in the Regional Homeless Action Plan, with San Joaquin County, the City of Stockton, and the San Joaquin Continuum of Care (SJCoC), working jointly to promote the coordinated and impactful delivery of homelessness supports and services across the full continuum of care. Through this Action Plan, the three partners commit to a coordinated regional approach to making homelessness rare, brief, and non-recurring.
The plan’s purpose is to lay out how the region will build, deploy, sustain, and strengthen actions across the full array of homelessness programs and resources, leveraging federal, state, and local investments. It builds upon and continues the vision and legacy of the community’s first strategic plan, A Community Response to Ending Homelessness. Five years later, it is time to update and advance our regional efforts and chart a continued path forward. We invite other local jurisdictions and community partners to join us.
Jointly, partners recognize the need for, and are committed to, fostering collaboration to further:
• A formal coordinated system that functions throughout the region, • A focus on solutions that can be measured and impactful, and • Significant investment in housing-focused services that increase successful transitions to long-term permanent housing.
The Action Plan is guided by the following vision statement, as developed through the 2019 community planning process:
We envision a future in which homelessness in San Joaquin County will be rare, brief, and nonrecurring, supported by a robust homeless crisis response system. People experiencing homelessness will be empowered through a responsive, nimble, housing focused system that provides effective, supportive, and humane services and housing, efficiently leveraging public and private resources.
This plan articulates regional actions to promote this vision, which are intended to:
• Increase coordination, strengthen cross-system partnerships, and improve the quality and use of data;
• Maximize the effective use of resources to support improved implementation and outcomes at every point along the continuum of care;
• Address disparities that underlie inequitable provision of services and outcomes for Black, Native and Indigenous, Latinx, Asian, Pacific Islanders, and other sub-populations disproportionately impacted by homelessness; and
• Expand access to housing and supports delivered in a low-barrier, trauma-informed, and culturally responsive manner.
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HHAP Funding and Expenditure Timelines
The City of Stockton’s current HHAP allocations total to $30,757,176 :
HHAP 1 HHAP 2 HHAP 3 HHAP 4 HHAP 5
Amount Received
$6,460,265.43 3,053,944.00 $7,893,269.00 $6,196,518.22 $7,153,178 Obligation Deadline
05/31/2023 05/31/2023 05/31/2024 05/31/2025 06/30/2026
Required Amount to Obligate
50 %
$3,230,132.72
50 %
$1,526,972.00
50 %
$3,946,634.88
75% of 1st disb.
$2,323,701.83
75% of 1st disb.
$4,027,005.24
Amount Currently Obligated
$6,249,194.72 $3,053,944.00 $7,394,192.33 $4,383,978.39 $500,722.52 Required Obligation Met
Yes Yes Yes Yes On track
Full Expenditure Deadline
6/30/2025 6/30/2026 6/30/2026 6/30/2027 06/30/2028
To Date Remaining Amount to Obligate
0 0 $499,077.43 $1,812,539.93 $6,652,456.35
* Figures are based on April 2025 Monthly Report to HCS The City has met HHAP Rounds 1 through 4 obligation requirements and is on target to meet Round 5 as well. Expenditure requirements are on target as well for all rounds. A portion of Round 3 funds have been contracted to provide low-barrier shelter operations with St. Mary’s Community Services, and about half of Round 3 and Round 4 funds were obligated from permanent housing funding, including the Youth Set-Aside requirement. Those projects are Calaveras Quarters and Satellite Apartments, contracted through the Delta Community Development Corp.
The Regional HHAP 5 award announcement came in the fall of 2024. The contract arrived at the end of December 2024 and was fully executed in January 2025. The City’s funding allocation for HHAP 5 is $7,153,178.87 and is based on HUD certification of the 2023 Point in Time Count findings for all jurisdictions. The City received at the end of February the initial disbursement of HHAP 5 in the amount of $4,027,005.24. Obligation and expenditure requirements for each Round of HHAP, as shown below.
ATTACHMENT E
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Resolution No.
STOCKTON CITY COUNCIL
ADOPT A RESOLUTION TO ALLOCATE GRANT FUNDING FROM THE HOMELESS
HOUSING, ASSISTANCE AND PREVENTION (HHAP) PROGRAM TO PERMANENT
AND INTERIM HOUSING PROJECTS AND APPLY FOR, ACCEPT, AND APPROPRIATE GRANT FUNDING FROM HHAP ROUND 6
The State's Homeless Housing, Assistance and Prevention Program (HHAP) funds are designed to support regionally coordinated efforts between the County, Continuum of Care (CoC), and the City to expand and develop local capacity to address immediate homelessness challenges throughout the state. HHAP funds are focused on moving homeless individuals and families into permanent housing and ensuring those individuals and families maintain their permanent housing; and
HHAP grants are formula-based; however, the City is still required to apply for funds.
Approval of this recommendation will position the City to apply for funds just made available in March through the NOFA application. In February, staff received notification that the possible award amount for HHAP 6 could be $11,531,786.79. The application is due in August and must be applied for in conjunction with San Joaquin County; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. Approve and allocate the following HHAP Rounds 3 and 4 recommendations for funding in the total of $3.4 million, which includes the following 5 projects:
$409,010 to Children’s Home of Stockton for the Catalyst Project. $409,010 to Lutheran Social Services of Stockton for Project Hope. $409,010 to PREVAIL of Stockton for the Propel Project. $1,244,210to St. Mary’s Community Services of Stockton for Pathways Neighborhood.
$1,415,440 to Delta Community Developers Corp. for Harding Way Apartments.
2. Authorize staff to apply for, accept, and appropriate grant funding for Round 6 of the Homeless Housing, Assistance and Prevention Grant Program. //
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3. The City Manager, or designee, is authorized to take such other actions as are necessary and appropriate to carry out the purpose and intent of this Resolution.
PASSED, APPROVED, and ADOPTED July 15, 2025 .
CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:
KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
297
City of Stockton
Legislation Text
File #: 25-0719, Version: 1
AUTHORIZE A COOPERATIVE PURCHASING AGREEMENT WITH BENCHMARK SOLUTIONS
LLC FOR PREDICTIVE ANALYTICS SERVICES
RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Approve findings pursuant to Stockton Municipal Code 3.68.070 in support of an exception to the competitive bidding process.
2. Authorize the City Manager to enter into a Cooperative Purchasing Agreement with Benchmark Solutions LLC (Attachment A - PRISM MSA), for an annual not-to-exceed amount of $120,960.
It is also recommended that the City Manager be authorized to take necessary and appropriate actions to carry out the purpose and intent of this resolution.
Summary
Risk Pools are Joint Powers Authorities (JPA) formed by public entities to pool their funds, obtain Excess (Stop Loss) coverage for members, and jointly implement programs, build facilities, or deliver services. On June 18, 2025, PRISM’s GL2 Committee voted to accept the City to participate in their GL2 program. A condition of the City’s participation in the program was that the City implement Benchmark Analytics, within ninety (90) days of becoming a member, or no later than September 29, 2025. Benchmark provides real-time analytics allowing command staff to proactively identify agency and officer-level risk patterns before adverse events happen. The technology recommends and tracks support strategies that change officer behavior as well as facilitate custom wellness planning to improve health and well-being. Benchmark automates and centralizes agency operations while enabling command staff to elevate performance, trust, and transparency. Staff have been working with the Benchmark analytics team to meet the implementation deadline.
DISCUSSION
Background
Between 2018 and 2022, the City sustained multiple severe losses that required its excess general liability carrier, California Joint Powers Risk Management Authority (CJPRMA), to pay out more than the City had paid in premiums each year. The City’s Police Department (PD) was identified as having most of those losses. The CJPRMA Board of Directors voted to expel the City from their Risk Pool effective June 30, 2025. On June 18, 2025, PRISM’s GL2 Committee voted to accept the City. As a condition of acceptance, PRISM required the City to implement the early intervention software City of Stockton Page 1 of 2 Printed on 7/10/2025
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File #: 25-0719, Version: 1
system, Benchmark Analytics. Benchmark Analytics provides analytics allowing agencies to proactively identify officer risk patterns before adverse events occur, improving overall agency-level and officer-level performance.
Present Situation
On June 18, 2025, PRISM’s GL2 Committee voted to accept the City to participate in their GL2 program. One of the conditions of acceptance in the program was for the City to implement the early intervention software system, Benchmark Analytics, by September 29, 2025. PD, the City’s Information Technology Department, and the Benchmark Analytics team plan to integrate the new system with PD’s existing systems.
Findings
Stockton Municipal Code Section 3.68.070(A)(5) provides an exception to the competitive bidding process for contracts over one-hundred thousand dollars ($100,000) where the City Council adopts findings which justify and support the exception. The following findings justify and support an exception:
1. Cooperative agreements qualify as an exception to the City’s competitive bidding process as outlined in City Municipal Code §3.68.070(A)(5) and City Policy 17.05.050, specifically:
“Cooperative purchasing agreements authorized by the City Council for purchase of supplies or services through other governmental jurisdictions or public agencies.”
2. A cooperative purchasing agreement enables the City to utilize the terms and conditions of a competitively solicited and negotiated cooperative purchasing agreement.
3. A cooperative agreement with PRISM will meet the City’s procurement and business needs by providing continuity of service in a bigger risk pool.
4. A JPA is a formal, legal agreement between two (2) or more public agencies that share a common power and want to jointly implement programs, build facilities, or deliver services.
Officials from those public agencies formally approve a cooperative arrangement to jointly negotiate these services and other programs.
5. The use of cooperative contracts improves time, efficiency, and enables the City to acquire products of equal or superior quality, along with value-added services, at competitive consortium-negotiated pricing.
FINANCIAL SUMMARY
There is sufficient funding in the General Liability Internal Service Fund (GL ISF) Account No. 2530- 000-630015-520-000 to authorize a COOP with Benchmark Solutions LLC, in the amount of $120,960. Future funding will be allocated through the Police Department’s annual budgeting process.
Attachment A - PRISM MSA
City of Stockton Page 2 of 2 Printed on 7/10/2025
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Exhibit C
BENCHMARK BLUEPRINT WORK ORDER
Benchmark Solutions LLC DBA Benchmark Analytics LLC
(“Benchmark”)
1801 West Warner Avenue
Suite 301
Chicago, IL 60613
This Work Order is not valid until accepted and
signed by an authorized representative of
Benchmark.
Subscription Start Date: 07/01/2025
Subscription End Date: 06/30/2026
PRISM Member Information
PRISM Member: Stockton Police Department
Address:
22 E Market St
Stockton, California 95202
United States
Contact: Nathan Birtwhistle (Risk Manager)
Telephone: 209-937-8729
Email: [email protected]
Contact: Chief Stanley McFadden
Telephone: 209-937-8377
Email: [email protected]
Scope of Services:
Benchmark shall deploy to the PRISM Member, its Benchmark Blueprint software and analytic service modules as indicated below, collectively “Services”.
Benchmark Management System® (BMS) (25% of License Fee) System Configuration Up to 10 Rank-Based Roles Officer Profile Module Use of Force Module Internal Affairs Module
Reporting Module Performance Management Module
Community Involvement Module Training Management Module First Sign® Early Intervention System (25% of License Fee) First Sign® Precision Wellness System
Case Action Response Engine® (C.A.R.E.)
iMPACT® Evidence-based Practice Review (50% of License Fee) Program Management including unlimited virtual support. Additional onsite work related to this contract will be quoted as a flat per diem rate plus actual travel expenses, subject to written pre-approval by the PRISM Member.
Benchmark Blueprint Subscription Pricing
Product Item Price
1. Annual License
- Benchmark Blueprint (250+ sworn officers)
- Scope of Services as Indicated Above
$151,200
PRISM Partner Discount (20%)
2. PRISM Member Annual License $120,960
5. PRISM Member Year 1 Invoice $120,960
Term. The PRISM Member Year 1 Term begins on the Work Order Effective Date and continues until the Work Order Subscription End Date. Work Orders will automatically renew for subsequent one-year periods, subject to price increase of 5% based on the PRISM Member Annual License Price, unless cancelation notification is provided in writing by the PRISM Member prior to the renewal date.
ATTACHMENT A
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BY SIGNING BELOW, EACH PARTY CERTIFIES THAT IT HAS READ AND AGREES WITH AND SHALL BE BOUND BY THE TERMS HEREOF.
PRISM Member: __________________________________
Signature: ________________________________
Name: ________________________________
Title: ________________________________
Date: ________________________________
Benchmark Solutions LLC DBA Benchmark Analytics LLC
Signature:
Name: Steven Brewer
Title: Partner
Date: 6/20/2025
ATTACHMENT A
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PRISM Master Agreement for Benchmark Analytics Services This PRISM Agreement (the “Agreement”) is by and between Benchmark Solutions LLC DBA Benchmark Analytics LLC (“Benchmark”), and the undersigned client Public Risk Innovation, Solutions, and Management (“PRISM”), a risk sharing pool of California public agencies located at 75 Iron Point Circle, Suite 200, Folsom, CA 9563 and its participating individual entity members, its members that are pools including all of the pool’s members, and all participants of PRISM through Controlled Unaffiliated Business (CUB) agreements (Hereinafter referred to collectively as “PRISM Member(s)”), and governs the purchase and ongoing use of the services described in this Agreement (the “Services”). This Agreement shall be effective beginning March 15, 2024, and shall expire March 14, 2029. The Agreement may be renewed thereafter on such terms as mutually agreed upon by the aforementioned parties.
1. Services. Benchmark shall provide the following:
1.1 Access. This Agreement is created for the sole purpose of establishing an agreed-upon set of services and related costs in order to allow PRISM Members access to Benchmark solutions. a. Competition. Any PRISM Member that is a client of Benchmark prior to the effective date of this Master Agreement may choose to continue to utilize or purchase services directly from Benchmark or may elect to obtain services under the “Access” paragraph of this agreement upon expiration of the PRISM Member’s contract with Benchmark. Benchmark may contract directly to provide similar services to any current or former PRISM Member that has received services under this Agreement or any subsequent agreement between Benchmark and PRISM. During the term of this agreement, Benchmark agrees to encourage PRISM Member utilization under this agreement. b. Obligation. This Agreement creates no obligation or expectation that any work will result from this agreement. Benchmark’s specific services are defined in Exhibit A, and are available to PRISM Members on as as-needed basis. PRISM Members are responsible for initiating and requesting any work of Benchmark by completing a Work Order provided in Exhibit C.
1.2. Benchmark will appoint an Account Manager to support and assist PRISM Members. Representatives from Benchmark and PRISM will meet quarterly to discuss PRISM Member support items, service utilization and any other necessary items related to providing the Service.
1.3. Independent Contractor. It is agreed that Benchmark is an independent contractor and any Benchmark employee working with PRISM shall not be deemed an agent or employee of PRISM.
2. Future Service Offerings.
PRISM agrees it is only entitled to the services listed in Exhibit A of this Agreement. Any updates and/or enhancements to services outlined in Exhibit A and offered broadly to other Benchmark customers at no additional charge will be included at no additional charge to PRISM and PRISM members.
3. Fees and Payments.
3.1. Payments. PRISM Members will be financially responsible and billed directly for services ordered on applicable Work Orders. Benchmark will bill the PRISM Member for service(s) rendered on an annual basis
ATTACHMENT A
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and in accordance with the fee schedule in Exhibit A attached to this Agreement. Payments will be due within thirty (30) days of receipt of an invoice from Benchmark.
3.2. Benchmark will provide “Most Favored Nation Pricing” to PRISM Members during the course of this agreement. Most Favored Nation Pricing shall mean that if Benchmark contractually offers Benchmark Blueprint Services at a Net Discounted Price (defined as 3-year average Annual License price after application of any discounts) below the Annual Discounted License Pricing in this Agreement to any entity in the United States contracting outside of this agreement, Benchmark will adjust the Annual Discounted License Pricing to PRISM Members to be 5% lower than the Net Discounted Price contracted with the external entity.
3.3 All proposed changes to pricing contained within Exhibit A shall be communicated to PRISM in writing and shall not go into effect until execution of an amendment to this Agreement.
4. Intellectual Property Rights.
4.1. PRISM acknowledges that Benchmark alone (and its licensors, where applicable) shall own all rights, title and interest in and to Benchmark’s technology and the Services provided by Benchmark, as well as any and all suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by PRISM, and this Agreement does not convey to PRISM any rights of ownership to the same. The Benchmark name and logo are trademarks of Benchmark, and no right or license is granted to PRISM to use them unless given expressly by Benchmark.
4.2. PRISM hereby authorizes Benchmark to use PRISM’s name, trademarks, or logos in promotional materials, press releases, advertising, or in other publications or websites, whether oral or written.
Notwithstanding the foregoing, Benchmark acknowledges that PRISM alone shall own all rights, title and interest in and to PRISM’s name, trademarks, or logos, and this Agreement does not convey to Benchmark any rights of ownership to the same.
4.3. Except as provisioned in Exhibit A, items 1.4 “Intellectual Property” and 1.5 “Aggregate Statistics”, PRISM or PRISM Members shall be the owner of all data collected for all services owned by Benchmark, whether or not performance under this Agreement is completed or terminated prior to completion.
Benchmark shall not release any materials under this section except after prior approval of PRISM or as required by this agreement or by law.
4.4. Except as provisioned in Exhibit A, items 1.4 “Intellectual Property” and 1.5 “Aggregate Statistics”, Benchmark and its Third-Party Vendor(s) agree that they will use the information/data exclusively to support PRISM and participating PRISM Members and that the information/data will not be used for any other purposes, including, but not limited to, merging the information/data with that of any other entity, or merging the information/data into any other database except as disclosed.
4.5. Disclosure of Information. Benchmark and its Third Party Vendor(s) shall not disclose or appropriate for its own use, or forthe use of any third party, at any time during or subsequent to the term of this Agreement, any secret or confidential information, whether or not developed by Benchmark, including, but not limited to information pertaining to customer lists, services, methods, processes, prices, profits, contract terms or operating procedures, except as required in connection with Benchmark’s performance of this Agreement, or as required by a government authority. Should any employees, officers or principles of Benchmark or its
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Third-Party Vendor(s) disclose any confidential information, Benchmark will immediately notify PRISM and the impacted PRISM Member(s) of the nature and extent of any such disclosure.
5. Termination.
Cancellation with Cause. This Agreement may be terminated by either party (the “Terminating Party”) with fifteen (15) days prior written notice in the event that the other party (the “Breaching Party”) breaches any material term or condition of the Agreement; provided, however, that such notice must have first identified the nature and scope of the claimed breach, affording an opportunity to the Breaching Party to cure the breach, and the Breaching Party must have failed to cure the breach within ten (10) days of receiving such notice.
Cancellation without Cause. This Agreement may be terminated by either party, in advance of expiration, for no reason or for any reason, other than for material breach of its terms or conditions, (collectively, “without cause”), by the Terminating Party giving the other party at least sixty (60) days written notice prior to the effective date of cancellation. If PRISM cancels without cause, Benchmark will cease rendering any included services on the effective date of cancellation. If Benchmark cancels without cause, Benchmark will continue, if PRISM desires, to perform included services for all assignments remaining open up to the effective date of cancellation.
Upon termination of this Agreement and upon request, Benchmark shall provide all historical related data and records it has stored as part of the Services to PRISM Members in a mutually agreed upon format within forty-five (45) days of the request.
6. Mutual Warranties and Disclaimer.
6.1. Mutual Representations & Warranties. Each party represents and warrants that it has full authority to enter into this Agreement and to fully perform its obligations hereunder.
6.2. Disclaimer. EXCEPT AS EXPRESSLY PROVIDED HEREIN, NEITHER PARTY MAKES ANY WARRANTIES OF ANY
KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
7. Miscellaneous.
7.1. Indemnification. To the extent permitted by California law, Benchmark shall hold harmless, defend and indemnify PRISM and its officers, officials, PRISM Members, employees, agents and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation, attorneys’ fees and costs and fees of litigation) of every nature based upon the gross negligence or intentional wrongdoing by Benchmark during its performance of work hereunder or its failure to comply with any of its obligations contained in the agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of PRISM.
7.2. No Assignment& Amendments. Either party may assign or delegate, all or part of its rights or obligations pursuant to this Agreement with at least thirty (30) days prior written consent to the other party in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.
ATTACHMENT A
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Upon such notice, the other party may, at its sole discretion cancel for convenience with thirty (30) days notice.
7.3. Governing Law. This Agreement shall be governed by and enforced in accordance with, the laws of the state of California. Any civil action or legal proceeding arising out of or relating to this Agreement or its provisions shall be filed in the County of Sacramento, if in State Court, or in the Eastern District of California, if in Federal Court.
7.4. Arbitration. If a dispute arises between PRISM and Benchmark out of or relates to this Agreement, or the breach thereof, the parties endeavor to resolve the dispute by cooperative mutual agreement. If there is a dispute, the disputing party shall notify the other party within sixty (60) days of the dispute. The parties shall agree on a date, time and location to attempt to resolve the dispute. Should the dispute not be resolved to the satisfaction of the parties they shall, within sixty (60) days thereafter notify JAMS/Endispute (“JAMS”) and proceed to arbitrate the dispute. Any controversy, claim or dispute arising out of or relating to this Agreement, that cannot be resolved by the parties shall be settled solely and exclusively by binding arbitration in Sacramento, California. Such arbitration shall be conducted in accordance with the then prevailing commercial arbitration rules of JAMS, with the following exceptions if in conflict: (a) one arbitrator shall be chosen by JAMS; (b) each party to the arbitration will equally share the expenses and fees of the arbitrator, together with other expenses of the arbitration incurred or approved by the arbitrator; and (c) arbitration may proceed in the absence of any party if written notice (pursuant to the JAMS’ rules and regulations) of the proceedings has been given to such party. Each party shall bear its own attorney’s fees and expenses. The parties agree to abide by all decisions and awards rendered in such proceedings.
Such decisions and awards rendered by the arbitrator shall be final and conclusive. All such controversies, claims or disputes shall be settled in this manner in lieu of any action at law or equity. The arbitrator shall not have the right to award punitive damages or speculative damages to either party and shall not have the power to amend this Agreement. The arbitrator shall be required to follow applicable law.
IF FOR ANY REASON THIS ARBITRATION CLAUSE IS DETERMINED TO BE INNAPLICABLE, THEN EACH PARTY
MAY PURSUE REMEDIES TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING ALL RIGHTS TO TRIAL BY
JURY AS TO ANY ISSUE RELATING TO THIS AGREEMENT IN ANY ACTION, PROCEEDING OR CLAIM OR ANY OTHER MATTER INVOLVING THE PARTIES HERETO in accordance with Paragraph 7.3 of this Agreement.
7.5. Force Majeure. Benchmark shall have no liability for any failure or delay in performing any of its obligations pursuant to this Agreement due to, or arising out of, any act not within its control, including, without limitation, acts of God, strikes, lockouts, war, riots, lightning, fire, storm, flood, explosion, interruption or delay in power supply, computer virus, governmental laws, regulations or other restraints.
7.6. No Waiver. No waiver, amendment or modification of this Agreement shall be effective unless in writing and signed by both parties.
7.6. Severability. If any provision of this Agreement is found to be contrary to law by a court of competent jurisdiction, such provision shall be of no force or effect; but the remainder of this Agreement shall continue in full force and effect.
7.8. Entire Agreement. This Agreement and its exhibits represent the entire understanding and agreement between Benchmark and PRISM, and supersede all other negotiations, proposals, understandings and representations (written or oral) made by and between Benchmark and PRISM.
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7.9. Conflict of Interest. Benchmark agrees that Benchmark presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in practices which might result in unlawful activity including, but not limited to, rebates, kickbacks, or other unlawful considerations.
7.10. Periodic Reporting. Benchmark shall provide or make available to PRISM statistics, in a format acceptable to PRISM, that represent the agency name of each PRISM Member utilizing the service. This information shall be provided on a monthly basis and at any other time requested by PRISM within five (5) business days of the request.
7.11. Notices. Any notice required to be given to Benchmark shall be deemed to be duly and properly given if mailed to Benchmark, postage prepaid, and sent to the address below or personally delivered to Benchmark at such address or at such other addresses as Benchmark may designate in writing to PRISM; or via email to such addresses as Benchmark may designate below:
Benchmark Solutions LLC DBA Benchmark Analytics LLC
1801 West Warner Avenue, Suite 301
Chicago, IL 60613
Attn: Steven Brewer, Partner
Email: [email protected]
Any notice required to be given PRISM shall be deemed to be duly and properly given if mailed to PRISM, postage prepaid, and sent to the address below or personally delivered to PRISM at such address or at such other addresses as PRISM may designate in writing to Benchmark; or via email to such addresses as PRISM may designate below:
Public Risk Innovations, Solutions, and Management
75 Iron Point Circle, Suite 200
Folsom, CA 95630
Attn: Charles Williams, Director of Risk Control
Email: [email protected]
7.12. Service Providers’ Bill of Rights. PRISM hereby agrees to abide by the Pool Service Providers’ Bill of Rights as approved by the PRISM Board of Directors on June 1, 2007, and attached hereto as Exhibit B.
8.0 Insurance Requirements
Benchmark shall procure the following required insurance coverage at its sole cost and expense.
Certificate(s) of insurance shall be furnished to PRISM prior to this Agreement becoming effective. Such insurance coverage, in the minimum limits as specified below, shall be maintained during the term of this Agreement and, except for the Professional Liability Insurance, shall name PRISM as an additional named insured. Failure to comply with the insurance requirements shall place Benchmark in default. Upon request by PRISM, Benchmark shall provide copies of any insurance policies to PRISM within ten (10) working days.
PRISM may periodically review the minimum limits of Benchmark’s policies for the required insurance coverage. In the event of a change in the minimum limits, Benchmark shall inform PRISM of such change by giving written notice to PRISM no less than sixty (60) days prior to the effective date of such change.
Benchmark shall provide (30) days written notice to PRISM in the event that coverage be substantially changed, canceled or non-renewed.
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a. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
b. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage. c. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Not required if consultant provides written verification it has no employees) d. Cyber Liability Insurance, with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses.
If Benchmark maintains broader coverage and/or higher limits than the minimums shown above, PRISM requires and shall be entitled to the broader coverage and/or higher limits maintained by Benchmark. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to PRISM.
8.1. Primary Coverage. For any claims related to this contract, Benchmark’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects PRISM, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by PRISM, its officers, officials, employees, agents or volunteers shall be excess of Benchmark’s insurance and shall not contribute with it.
8.2. Additional Insured Status. PRISM, its officers, officials, employees, PRISM Members, agents 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 Benchmark including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to Benchmark’s insurance (at least as broad as ISO Form CG 20 10 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).
8.3. Notice of Cancellation. Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to PRISM.
8.4. Waiver of Subrogation. Benchmark hereby grants to PRISM a waiver of any right to subrogation which any insurer Benchmark may acquire against PRISM by virtue of the payment of any loss under such insurance. Benchmark agrees to obtain any endorsement that may be necessary to affect this waiver of
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subrogation, but this provision applies regardless of whether or not PRISM has received a waiver of subrogation endorsement from the insurer.
8.5. Self-Insured Retentions. Self-insured retentions, if any, must be declared to and approved by PRISM.
PRISM may require the Consultant to 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 PRISM.
8.6. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII, unless otherwise acceptable to PRISM.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date set forth above.
For Public Risk Innovations, Solutions, and
Management (“PRISM”)
For Benchmark Solutions LLC DBA Benchmark
Analytics LLC (“Benchmark”)
Name: Charles Williams
Title: Director of Risk Control
Date: March 26, 2024
Name: Steven Brewer
Title: Partner
Date: March 22, 2024
ATTACHMENT A
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Exhibit A
STATEMENT OF WORK
DESCRIPTION OF SERVICES
Benchmark shall deploy to the PRISM Member, its Benchmark Blueprint software and analytic service modules as indicated in the Access and Use section below, collectively “Services”. • Benchmark Management System® (BMS) (25% of License Fee) o System Configuration Up to 10 Rank-Based Roles
o Officer Profile Module
o Use of Force Module
o Internal Affairs Module
o Reporting Module
o Performance Management Module
o Community Involvement Module
o Training Management Module
• First Sign® Early Intervention System (25% of License Fee) • Case Action Response Engine® (C.A.R.E.)
• iMPACT® Evidence-based Practice Review (50% of License Fee) • Program Management including unlimited virtual support. Additional onsite work related to this contract will be quoted as a flat per diem rate plus actual travel expenses, subject to written preapproval by the PRISM Member.
PRICE LIST
Services Pricing
The PRISM Member shall pay Benchmark annual subscription fees (“Fees”), based on the Services Pricing table above, for the Term. Fees are subject to an annual increase up to 5% in each subsequent year. The PRISM Member shall pay Fees for year 1 of the Term within 30 days from the Subscription Start Date set forth above (the “Effective Date”) and shall pay Fees for each subsequent year after the Term within 30 days of the Effective Date anniversary. The annual subscription fee is subject to sales and use taxes; taxes will be charged unless a tax exemption form is provided.
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Additional Terms:
1.1. Access and Use. Subject to and conditioned on the PRISM Member’s payment of Fees and compliance with all other terms and conditions of this Statement of Work and associated Master Agreement, Benchmark hereby grants the PRISM Member a non-exclusive, non-transferable right to access and use the Services indicated below, during the Term, solely for use by the PRISM Member’s administrators, employees and other PRISM Member-authorized persons or entities (“Users”) in accordance with the terms and conditions herein and any additional terms applicable to Users. Such use is limited to the PRISM Member’s internal use. Benchmark shall provide to the PRISM Member the necessary passwords, security codes and network links or connections to allow the PRISM Member to access the Services (“Access Credentials”).
1.2. Term. The PRISM Member Term begins on the Work Order Effective Date and continues until the Work Order Subscription End Date. Work Orders will automatically renew for subsequent one-year periods, subject to price increases noted in item I above, unless cancelation notification is provided in writing by the PRISM Member prior to the renewal date.
1.3. Restrictions.
a) The PRISM Member may only use the Services strictly in accordance with (1) all applicable laws, including without limitation, employment laws and data privacy and security laws, (2) the supporting materials (“User Materials”) provided by Benchmark, and (3) any other restrictions and requirements set forth herein. The PRISM Member agrees that while the Services and the reports generated for the PRISM Member (“PRISM Member Reports”) may be used by the PRISM Member in employment-related matters, they are not designed to be, nor shall they be, utilized as the substantial or sole factor in any employment-related decisions and are only designed to provide information to the PRISM Member. Benchmark shall not be responsible for the PRISM Member’s or its Users’ use of the Services or any the PRISM Member Reports generated by the Service. All employment-related decisions of the PRISM Member, including without limitation the termination or discipline of any employee of the PRISM Member, and the PRISM Member’s use of the Services, is at the sole discretion and responsibility of the PRISM Member, and Benchmark shall have no responsibility whatsoever for any such decisions. In no event shall Benchmark be required to monitor or supervise the use of the Services by the PRISM Member or any Users and compliance with the terms of this Statement of Work by all authorized users shall at all times be and remain the PRISM Member’s sole responsibility. b) The PRISM Membershall not use the Services for any purposes beyond the scope of the access granted in this Statement of Work. The PRISM Member shall not at any time, directly or indirectly, permit any Users or any third-party to: (i) copy, modify, or create derivative works of the Services or User Materials, in whole or in part; (ii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services or User Materials; (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Services, in whole or in part; (iv) remove any proprietary notices from the Services or User Materials, misappropriates, or otherwise violates any intellectual property (IP) right or other right of any person, or that violates any applicable law; or (vi) use the Services or User Materials for the purpose of creating any competing or similar service or software.
1.4. Intellectual Property
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a) Benchmark acknowledges that, as between Benchmark and PRISM, the PRISM Member owns all right, title, and interest, including all intellectual property rights, in and to information, data, and other content, in any form or medium, that is submitted, posted, or otherwise transmitted by or on behalf of PRISM Member or a User through the Services (“PRISM Member Data”).
PRISM and its Member hereby grant to Benchmark (i) a non-exclusive, royalty-free, worldwide license to reproduce, distribute, and otherwise use and display the PRISM Member’s Data and perform all acts with respect to the PRISM Member’s Data as may be necessary for Benchmark to provide the Services to the PRISM Member; and (ii) a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to reproduce, distribute, modify, and otherwise use, prepare derivative works from, and display the PRISM Member’s Data (a) to evaluate, enhance and improve the Services and future products and services (subject to the confidentiality obligations in Section 1.8); (b) for Research Purposes; and (c) to the extent incorporated within the Aggregated Statistics. “Research Purposes” means the use of the PRISM Member’s Data for research, educational or evaluative purposes including purposes of identifying best practices and improving outcomes as related to public safety and law enforcement; provided that if such PRISM Member Data is disclosed to a third-party, it shall not directly identify any individual or agency and shall comply with applicable confidentiality obligations and shall be subject to the provisions of Section 1.5(b) below.
b) PRISM acknowledges that, as between PRISM and Benchmark, Benchmark and its licensors own all right, title, and interest, including all intellectual property rights, in and to the Services, all underlying software for the Services, the User Materials, and any and all intellectual property provided to PRISM or its Member or any User in connection with the foregoing, including, without limitation, Aggregated Statistics and any information, data, or other content derived from Benchmark’s monitoring of the PRISM Member’s access to or use of the Services (“Benchmark IP”). For the avoidance of doubt, Benchmark IP excludes PRISM Member Data.
1.5. Aggregate Statistics.
a) Notwithstanding anything to the contrary in this Statement of Work, Benchmark may monitor the PRISM Member’s use of the Services and collect and compile data and information related to the PRISM Member’s use of the Services that is used by Benchmark in an aggregate and anonymized manner, including, but not limited to, compilation of statistical and performance information related to the provision and operation of the Services (“Aggregated Statistics”). As between Benchmark and PRISM, all right, title, and interest in Aggregated Statistics, and all intellectual property rights therein, belong to and are retained solely by Benchmark. PRISM and its Member acknowledge that Benchmark may compile Aggregated Statistics based on PRISM Member Data input into the Services; provided, that such Aggregated Statistics do not identify the PRISM Member or the PRISM Member’s Confidential Information. b) PRISM and the PRISM Member acknowledge that Benchmark engages with various research and academic institutions (“Research Institutions”) both through its work with the National Police Early Intervention and Outcomes Consortium (the “Consortium”) and otherwise, for Research Purposes. Notwithstanding anything to the contrary in this Statement of Work, PRISM hereby acknowledges and consents to Benchmark’s sharing of anonymized PRISM Member Data with Research Institutions and/or the Consortium; provided that such shared PRISM Member Data shall (i) be anonymized, (ii) not identify PRISM or the PRISM Member’s
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Confidential Information, and; provided, further, that any recipient Research Institution and/or the Consortium shall be subject to confidentiality requirements. PRISM shall not hold Benchmark liable under, or in connection with, any of the activities described in Section 1.4 or this Section 1.5 under any legal or equitable theory for damages related to or arising from this Statement of Work.
1.6. Support Services. Benchmark shall provide a customer support number for the PRISM Member. The customer support line may be accessed through a toll-free telephone number (1-888-40-BENCH) or via email ([email protected]) and will be available Monday through Friday 8:00AM – 6:00PM (CST), excluding all federal holidays. In the event of a system wide outage, the PRISM Member shall be provided with a 24-hour hotline for immediate response.
1.7. PRISM Member’s Obligations.
a) The PRISM Member is responsible and liable for all uses of the Services and User Materials resulting from access provided by the PRISM Member, directly or indirectly, whether such access or use is permitted by or in violation of this Statement of Work. Without limiting the generality of the foregoing, the PRISM Memberis responsible for all acts and omissions of Users, and any act or omission by a User that would constitute a breach of this Statement of Work if taken by the PRISM Member will be deemed a breach of this Statement of Work by the PRISM Member. The PRISM Membershall make all Users aware of this Statement of Work’s provisions as applicable to such User’s use of the Services, and shall cause Users to comply with all such provisions.
b) The PRISM Member understands and agrees that (i) the PRISM Member is responsible for obtaining and installing all software and/or hardware upgrade, fixes, or enhancements required by the applicable browser software; and (ii) that Benchmark is not responsible for any compromise of data transmitted across computer networks or telecommunications facilities, including, but not limited, to the Internet.
c) The PRISM Member shall be responsible for: (i) securely administering the distribution and use of all Access Credentials and protection against any unauthorized access to or use of the Services; and (ii) controlling the content and use of PRISM Member Data, including the uploading or other provision of PRISM Member Data to or through the Services and the accuracy thereof. The PRISM Member shall immediately notify Benchmark if the PRISM Member becomes aware of any loss or theft or unauthorized use of any Access Credentials. d) The PRISM Member shall immediately notify Benchmark if it becomes aware that the Services, or the PRISM Member’s use of the Services, violates or potentially violates any applicable laws. e) The PRISM Member is solely responsible for maintaining the confidentiality of the PRISM Member’s user name(s) and password(s).
f) The PRISM Member is responsible to ensure that its use of the Service will not introduce, install or inject any malware (e.g., virus, timer, clock, counter, time lock, time bomb, Trojan horse, worm, file infector, boot sector infector, or other limiting design, instruction, or routine) into Benchmark’s network, hardware or software. The PRISM Member will immediately notify
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Benchmark, and in any event within three (3) days, after it becomes aware of a breach of this Section 7(f) and in such event (or upon any independent discovery by Benchmark of malware originating from the PRISM Member), Benchmark may restrict or deny access to the Services pending resolution of the malware threat.
1.8. Mutual Obligations. “Confidential Information” means any information that includes the following: (a) for Benchmark, all information relating to its business affairs, products, technology (including, but not limited to, source code, research and/or analytics), confidential intellectual property, trade secrets, thirdparty confidential information and other sensitive or proprietary information; and (b) for the PRISM Member, the identities of its Users, records of interactions with the Users, and PRISM Member Data (including, but not limited to, information regarding the PRISM Member’s employees). Neither Benchmark nor the PRISM Membershall disclose any Confidential Information of the other party to any person or entity, except to those of its employees or contractors who require access to it in order for the party to be able to perform its obligations under this Statement of Work, and who are bound by confidentiality obligations consistent with the terms of this Section, and except to the extent otherwise permitted by the licenses granted in Sections 1.5. The receiving party shall be responsible and liable for compliance with this Section by its employees and contractors. “Confidential Information” does not include any information that (i) becomes generally publicly available other than as a result of improper disclosure by the receiving party; (ii) is independently developed by the receiving party without use of the Confidential Information of the disclosing party; (iii) becomes available on a non-confidential basis from a third-party that is not bound by confidentiality; or (iv) is known to the receiving party at the time of disclosure. To the extent required by any applicable law, regulation, or order of any court or governmental body, disclosure of Confidential Information is not a breach of this Statement of Work; provided, that the party required to disclose it (a) promptly, and prior to such disclosure, notifies the other party so that it can seek a protective order or other remedy, and (b) prior to any disclosure, asserts the confidential nature of the Confidential Information.
1.9. Indemnification. Benchmark shall indemnify, defend, and hold harmless PRISM and the PRISM Member from and against any and all losses, damages, liabilities, costs (including reasonable attorneys’ fees) (“Losses”) incurred by PRISM or the PRISM Member resulting from any third-party claim, suit, action, or proceeding (“Third-Party Claim”) that the Services, or any use of the Services in accordance with this Statement of Work, infringes or misappropriates such third-party’s valid U.S. patent or copyright, provided that PRISM promptly notifies Benchmark in writing of the claim, cooperates with Benchmark, and allows Benchmark sole authority to control the defense and settlement of such claim. If such a claim is made or appears possible, PRISM and the PRISM Member agree to permit Benchmark, at Benchmark’s sole discretion, to (i) modify or replace the Services, or component or part thereof, to make it non-infringing, or (ii) obtain the right for the PRISM Member to continue use. This Section will not apply to the extent that the alleged infringement arises from: (i) use of the Services in combination with data, software, or technology not provided by Benchmark or authorized by Benchmark in writing; (ii) modifications to the Services not made by Benchmark; (iii) failure to timely implement any modifications, upgrades, replacements or enhancements made available to the PRISM Member by or on behalf of Benchmark; or (iv) PRISM Member Data or any other PRISM Member materials. THIS SECTION SETS FORTH PRISM and THE PRISM MEMBER’S SOLE REMEDIES AND BENCHMARK’S SOLE LIABILITY AND OBLIGATION FOR ANY ACTUAL, THREATENED, OR
ALLEGED CLAIMS THAT THE SERVICES INFRINGE, MISAPPROPRIATE, OR OTHERWISE VIOLATE ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD-PARTY.
1.10. Limitation of Liability. IN NO EVENT WILL BENCHMARK’S LIABILITY ARISING OUT OF OR RELATED TO
THIS STATEMENT OF WORK UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT,
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