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Agenda packet, joint meeting

City Council and Concurrent Authorities
January 27, 2026

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Agenda packet, joint meeting
Meeting
January 27, 2026
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City Council and Concurrent Authorities
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55
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Text extracted from the city's file for reading and search. Open the original on www.stocktongov.com. That file is the official record.

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
4:00 PMTuesday, January 27, 2026
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 26-0035 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Number of Cases: One
Name of Case: Police Lieutenant Dean Happel, (Workers’
Compensation Appeals Board Case Nos.

ADJ19839394 and ADJ15809340)
This Closed Session is authorized pursuant to section 54956.9(d) (1) of the Government Code to discuss matters
pertaining to existing litigation.

Department: City Attorney

3.2 26-0050 CONFERENCE WITH LEGAL COUNSEL - SIGNIFICANT EXPOSURE

TO LITIGATION
Number of Cases: One
The City is in receipt of information concerning facts and circumstances that might result in litigation against the City which are known to a potential plaintiff and that pertain to potential employment -related claims by the potential plaintiff against the City.

This Closed Session is authorized pursuant to section 54956.9, subd. ( d)

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1 January 27, 2026City Council and Concurrent
Authorities
Meeting Agenda - Final
(2), (e)(2) of the Government Code.

Department: City Attorney

3.3 26-0102 PUBLIC EMPLOYEE / PUBLIC EMPLOYEE APPOINTMENT:

Recommended Action: City Attorney

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

Department: City Attorney

3.4 26-0103 CONFERENCE WITH LABOR NEGOTIATOR
Recommended Action: Agency Designated Representative: Rosemary Rivas, Human Resources Director
Unrepresented employee: City Attorney
This Closed Session is authorized pursuant to section 54957.6 of the Government Code.

Department: City Attorney

4. CLOSED SESSION PUBLIC COMMENT

5. RECESS TO CLOSED SESSION

6. REGULAR SESSION CALL TO ORDER/ROLL CALL

7. INVOCATION/PLEDGE TO FLAG

8. REPORT OF ACTION TAKEN IN CLOSED SESSION

9. ADDITIONS TO REGULAR SESSION AGENDA***

10. RECOGNITIONS, ANNOUNCEMENTS, OR REPORTS

10.1 26-0106 COMMENDATION: STOCKTON FIRE DEPARTMENT

COMMUNICATIONS DIVISION FOR ACCREDITED CENTER OF

EXCELLENCE (ACE) RE-ACCREDITATION AND RECOGNITION OF

DISPATCH PERSONNEL
Department: Office of the Mayor

11. PUBLIC COMMENTS* – MATTERS NOT ON THE AGENDA

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2 January 27, 2026City Council and Concurrent
Authorities
Meeting Agenda - Final

12. CONSENT AGENDA

12.1 26-0085 ADOPT A RESOLUTION AUTHORIZING TARYN N. JONES, AS

ACTING CITY ATTORNEY, TO ACCEPT DEEDS AND GRANTS OF

REAL PROPERTY AND INTERESTS THEREIN
Recommended Action: RECOMMENDATION
It is recommended that a resolution be adopted rescinding Resolution No. 2022-03-22-1204-02, adopted on March 22, 2022, and authorizing Taryn N.

Jones, as Acting City Attorney, to accept deeds and grants of real property and interests therein and to consent to the recordation thereof, effective immediately.

Department: City Attorney
Proposed ResolutionAttachments:

12.2 26-0104 RE-ESTABLISHMENT OF THE CHARTER REVIEW ADVISORY

COMMISSION AND COUNCIL CHARTER REVIEW AD-HOC

COMMITTEE
Recommended Action: RECOMMENDATION
It is recommended that City Council adopt a resolution re-establishing the Charter Review Advisory Commission and the Council Charter Review Ad-Hoc Committee to review and provide recommendations on revisions to the City Charter.

Department: City Clerk
Proposed ResolutionAttachments:

12.3 26-0043 ADOPT A RESOLUTION TO AUTHORIZE SUBAGREEMENTS FOR THE 2026 CALIFORNIANSFORALL YOUTH JOBS CORPS

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

1. Authorize the City Manager to execute new agreements with two existing subgrantees to implement youth workforce development programs funded by the CaliforniansForAll Youth Jobs Corps grant for Calendar Year 2026, retroactive to January 1, 2026, in the amount of $988,971.70; and

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

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

Department: City Manager

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3 January 27, 2026City Council and Concurrent
Authorities
Meeting Agenda - Final
Proposed Resolution - CFA Youth Jobs Corps Round 3
Exhibit 1 - Main Street Youth and Family Services Agreement Exhibit 2 - SJCOE DBA Greater Valley Conservation Corps Agreement Attachments:

12.4 25-1435 ADOPT A RESOLUTION AUTHORIZING POSITION ALLOCATIONS,

FUNDING REALIGNMENTS, AND APPROPRIATIONS TO SUPPORT

COUNTYWIDE AMBULANCE DISPATCH OPERATIONS

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4 January 27, 2026City Council and Concurrent
Authorities
Meeting Agenda - Final
Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a resolution:

1. Approving eight (8) position allocations within the Fire Department General Fund Emergency Dispatch Center Sub-fund to support countywide ambulance dispatch operations, including one (1) Emergency Communications Manager position, five (5) Fire Telecommunicator I/II positions, one (1) Fire Telecommunicator Supervisor position, and one (1) Public Safety Information Systems Analyst position;

2. Approving an allocation within the Fire Department General Fund for one (1) Nurse position within the Fire Department Emergency Medical Services (EMS) Division to maintain EMS oversight following implementation of countywide ambulance dispatch operations;

3. Approving an allocation for one (1) Program Manager I position within the Administrative Services Department General Fund to cover additional administrative workload associated with CENCAL Fire and EMS Authority operations;

4. Approving necessary reallocations of existing Fire Department positions between the Fire Department General Fund and the Emergency Communications Division sub-fund to ensure accurate alignment of staffing costs with revised operational responsibilities;

5. Approving an interfund loan of $1,112,000 from the City Workers' Compensation Internal Service Fund (530) Reserve balance to the Fire Department General Fund (100) & Emergency Communications Division General Fund sub-fund (100-130), pursuant to City Council interfund loan policy 17.01-020, to fund the above-stated pre-operational staffing and additional technology costs associated with countywide ambulance dispatch. The interfund loan will be transferred upon execution of a minimum required distribution agreement with CENCAL Fire and EMS Authority, with $153,000 transferred to the Fire Department General Fund (100) and $959,000 to the Emergency Communications Division General Fund sub-fund (100-130). The interfund loan will be fully repaid with annual compound interest of 4.35 percent no later than June 30, 2030 by the Emergency Communications Division General Fund sub-fund (100-130);

6. Authorizing that any excess revenues distributed to the City pursuant to the CENCAL Fire and EMS Authority Joint Powers Agreement shall be reinvested in Stockton Fire Department operations and shall not be used to supplant baseline Fire Department General Fund appropriations or support non-Fire Department functions.

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

Department: Fire
Proposed Resolution - CENCALAttachments:

12.5 26-0027 ADOPT AN ORDINANCE AMENDING THE STOCKTON MUNICIPAL CODE TO ADD TITLE 8, CHAPTER TO 8.38 TO REGULATE

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5 January 27, 2026City Council and Concurrent
Authorities
Meeting Agenda - Final

SECURED STORAGE OF PALLETS BY COMMERCIAL

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

1. Adopt an ordinance adding Title 8 Chapter 38 to the Stockton Municipal Code requiring secured storage of pallets on commercial properties with an effective date of 120 days after adoption; and

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

Department: Fire
Attachment A - SMC 15.12.050
Proposed Ordinance
Attachments:

12.6 26-0084 ADOPT A RESOLUTION AUTHORIZING A CARRY-FORWARD APPROPRIATION OF $1.0 MILLION FROM FY 2024-25 FIRE
DEPARTMENT YEAR-END SAVINGS FOR USE IN FY 2025-26.

Recommended Action: RECOMMENDATION
It is recommended that City Council adopt a Resolution authorizing a carry-forward appropriation of $1.0 million from FY 2024-25 Fire Department year-end savings for use in FY 2025-26.

Department: Fire
Proposed ResolutionAttachments:

12.7 26-0038 APPROVE RESOLUTION TO ESTABLISH A NEW SPECIFICATION

OF SENIOR GRAFFITI ABATEMENT TECHNICIAN AND APPROVE

THE PROPOSED SALARY RANGE
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution establishing a new classified/represented position of Senior Graffiti Abatement Technician for the Stockton Police Department and assign the salary range.

Department: Human Resources
Attachment A - Class Spec - Redlines - Graffiti Abatement Technician Proposed Resolution - Senior Graffiti Abatement Technician Class Spec Attachments:

12.8 25-1358 APPROVE RESOLUTION TO ESTABLISH NEW CLASSIFICATION

SPECIFICATIONS OF EMERGENCY COMMUNICATIONS MANAGER

AND FIRE SERVICES ADMINISTRATOR FOR THE STOCKTON FIRE

DEPARTMENT AND APPROVE THE PROPOSED SALARY RANGES

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6 January 27, 2026City Council and Concurrent
Authorities
Meeting Agenda - Final
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution establishing new classified classification specifications of Emergency Communications Manager and Fire Services Administrator for the Stockton Fire Department and approve the proposed salary ranges.

Department: Human Resources
Attachment A - Class Spec - Emergency Communications Manager Attachment B - Class Spec - Fire Services Administrator Proposed Resolution
Attachments:

12.9 25-1423 ADOPT A RESOLUTION TO AUTHORIZE CONTRACT AMENDMENT NO. 5 WITH KEMIRA WATER SOLUTIONS FOR THE PURCHASE OF

FERRIC AND FERROUS CHLORIDE FOR WASTEWATER

TREATMENT
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to authorize Contract Amendment No. 5 with Kemira Water Solutions, Inc., of Lawrence, Kansas, for the purchase of ferric chloride and ferrous chloride for wastewater treatment in the amount of $910,000 for a total contract not-to-exceed amount of $6,369,391.

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

Department: Municipal Utilities
Proposed Resolution
Exhibit 1
Attachments:

12.10 26-0055 ADOPTION OF PROPOSED AMENDMENT TO CHAPTER 3.02 OF

THE COUNCIL POLICY MANUAL - CITY COUNCIL AND MAYORAL

APPOINTMENTS TO COMMITTEES, BOARDS, AND COMMISSIONS
Recommended Action: RECOMMENDATION
This item was agendized by the Mayor pursuant to Council Policy Section

4.02.010.

It is recommended that the City Council adopt the proposed amendment to Chapter 3.02 of the Council Policy Manual regarding City Council and Mayoral Appointments to Committees, Boards, and Commissions.

Department: Office of the Mayor
Attachment A - Council Policy Chapter 3.02 - Redline
Proposed Resolution
Exhibit 1 - Council Policy Chapter 3.02
Attachments:

12.11 25-1434 ADOPT RESOLUTION TO AUTHORIZE THE ISSUANCE OF AN

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7 January 27, 2026City Council and Concurrent
Authorities
Meeting Agenda - Final

INDUSTRIAL WASTE COLLECTOR PERMIT
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:

1. Authorize the issuance of an industrial waste collector permit to GreenWaste of Central Valley, LLC; and

2. Authorize the City Manager, or designee, to enter into and execute an agreement with a Council-authorized industrial waste collector permittee for the collection and disposal of industrial waste within the City of Stockton limits.

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 - GreenWaste
Attachments:

12.12 25-1398 APPROVE MOTION TO AWARD A PROFESSIONAL SERVICES

CONTRACT FOR THE MAIN STREET AND MARKET STREET
COMPLETE STREETS PHASE 1 PROJECT
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 Siegfried Engineering, Inc. of Stockton, CA, in the amount of $920,000, for design of the Main Street and Market Street Complete Streets Phase 1, Project No. WT25043/State Project No. ATPL-5008(212).

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

Department: Public Works
Attachment A - Vicinity Map
Attachment B - Professional Services Contract
Attachments:

12.13 25-1166 ADOPT RESOLUTION TO APPROPRIATE AND RATIFY EXPENDITURES RELATED TO STAFF RELOCATION FROM 400

EAST MAIN STREET

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8 January 27, 2026City Council and Concurrent
Authorities
Meeting Agenda - Final
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:

1. Accept $76,802 in remaining deposit funds from 400 E. Main lease and appropriate funding to the Public Works Facilities Crafts Maintenance Special Services Operating Account.

2. Appropriate funds in the amount of $223,698 from the Fiscal Year 2021-22 Discretionary Projects Contingency Funds to the Public Works Facilities Crafts Maintenance Special Services Operating Account.

3. Transfer funds in the amount of $141,437 from the Victory Park Pool, Project No. CR18020, to the Public Works Facilities Crafts Maintenance Special Services Operating Account.

4. Ratify expenses in the amount of $441,937 for all costs related to staff relocation from 400 East Main Street.

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 - 2015 Lease Agreement
Attachment B - First Amendment Lease
Attachment C - Second Amendment Lease
Attachment D - Third Amendment Lease
Proposed Resolution
Attachments:

13. ADMINISTRATIVE MATTERS

14. UNFINISHED BUSINESS

15. HEARINGS**

16. NEW BUSINESS

16.1 25-1410 ADOPT A RESOLUTION TO AUTHORIZE A PUBLIC HEARING TO

CONSIDER ADJUSTMENTS TO STORMWATER RATES AND

CHARGES AND AUTHORIZING AND DIRECTING THE CITY

MANAGER TO MAIL THE REQUIRED PUBLIC HEARING NOTICE

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9 January 27, 2026City Council and Concurrent
Authorities
Meeting Agenda - Final
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:

1. Authorize a public hearing to be held on March 31, 2026, to consider adjustments to the City's stormwater rates and charges; and

2. Authorize and direct the City Manager to mail a notice of the public hearing to all City of Stockton Stormwater Utility customers and the record owners of property upon which the rates and charges are proposed. The public hearing shall be held at least 45 days after the notice of the public hearing has been mailed.

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
Attachment A - Draft Stormwater Rate Study Report
Proposed Resolution
PPT - 16.1 - Stormwater Rate Study
Attachments:

17. CITY MANAGER'S UPDATE

18. COUNCIL COMMENTS

19. ADJOURNMENT

1. INFORMATIONAL ITEMS

1.1 25-1429 MEASURE W CITIZENS’ OVERSIGHT COMMITTEE ADOPTED

ANNUAL REPORT OF REVENUES AND EXPENDITURES FOR
FISCAL YEAR 2023-24
Recommended Action: RECOMMENDATION
This item is an informational item submitting the Measure W Citizens' Oversight Committee Report for Fiscal Year 2023-24 to the City Council.

Department: Administrative Services
Measure W FY 2023-24 Annual Report_V2.pdfAttachments:

1.2 26-0112 COUNCIL COMMITTEE/BOARD AND COMMISSION MINUTES Recommended Action: RECOMMENDATION
Information item only. No action required.

Department: City Clerk

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10 January 27, 2026City Council and Concurrent
Authorities
Meeting Agenda - Final
CSC 2025-09-18
CSC 2025-10-16
CSC 2025-11-20
WAG 2025-08-06
Water 2025-11-13
Attachments:

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 January 22, 2026 in compliance with the Brown Act.

Katherine Roland, CMC, CPMC
City Clerk
By: ________________________________

Deputy

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Meeting Agenda - Final

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

**Speakers should hold comments on items listed as a Hearing until the Hearing is opened.

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

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

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

3. In-Person Comments - a) Speakers must submit "request to speak cards" to the Clerk prior to the Public Comment portion of the agenda. No speaker cards will be accepted after the close of Public Comment. 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.

In accordance with the Americans With Disabilities Act and California Law, it is the policy of the City of Stockton to offer its public programs, services and meetings in a manner that is readily accessible to everyone, including those with disabilities. If you are disabled and require a copy of a public hearing notice, or an agenda and/or agenda packet in an appropriate alternative format; or if you require other accommodation, please contact the Office of the City Clerk located at 425 North El Dorado Street, Stockton, California 95202 during normal business hours or by calling (209) 937-8458, at least 5 days in advance of the hearing/meeting. Advance notification within this guideline will enable the City/Agency to make reasonable arrangements to ensure accessibility.

Materials related to an item on this agenda submitted to City Council after distribution of the agenda packet are available for public inspection in the City Clerk's Office at 425 North El Dorado Street, Stockton, California 95202, during normal business hours. Such documents are also available on the City's website at www.stocktongov.com subject to staff's ability to post the documents before the meeting.

CHALLENGING CITY DECISIONS: The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision. Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. If a person wishes to challenge the nature of the above section in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of Stockton, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.

Council Policy Manual Chapter 4.07 DECORUM
§ 4.07.010 Policy.
1) COUNCILMEMBERS

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Meeting Agenda - Final
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. 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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14 City of Stockton
Legislation Text
File #: 26-0035, Version: 1

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Number of Cases: One
Name of Case: Police Lieutenant Dean Happel, (Workers’ Compensation Appeals Board Case Nos. ADJ19839394 and ADJ15809340)
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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15 City of Stockton
Legislation Text
File #: 26-0050, Version: 1

CONFERENCE WITH LEGAL COUNSEL - SIGNIFICANT EXPOSURE TO LITIGATION Number of Cases: One
The City is in receipt of information concerning facts and circumstances that might result in litigation against the City which are known to a potential plaintiff and that pertain to potential employment- related claims by the potential plaintiff against the City.

This Closed Session is authorized pursuant to section 54956.9, subd. (d)(2), (e)(2) of the Government Code.

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16 City of Stockton
Legislation Text
File #: 26-0102, Version: 1
PUBLIC EMPLOYEE / PUBLIC EMPLOYEE APPOINTMENT:

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

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17 City of Stockton
Legislation Text
File #: 26-0103, Version: 1

CONFERENCE WITH LABOR NEGOTIATOR
Agency Designated Representative: Rosemary Rivas, Human Resources Director Unrepresented employee: City Attorney
This Closed Session is authorized pursuant to section 54957.6 of the Government Code.

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Legislation Text
File #: 26-0106, Version: 1
COMMENDATION: STOCKTON FIRE DEPARTMENT COMMUNICATIONS DIVISION FOR

ACCREDITED CENTER OF EXCELLENCE (ACE) RE-ACCREDITATION AND RECOGNITION OF

DISPATCH PERSONNEL
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19 City of Stockton
Legislation Text
File #: 26-0085, Version: 1
ADOPT A RESOLUTION AUTHORIZING TARYN N. JONES, AS ACTING CITY ATTORNEY, TO

ACCEPT DEEDS AND GRANTS OF REAL PROPERTY AND INTERESTS THEREIN

RECOMMENDATION
It is recommended that a resolution be adopted rescinding Resolution No. 2022-03-22-1204-02, adopted on March 22, 2022, and authorizing Taryn N. Jones, as Acting City Attorney, to accept deeds and grants of real property and interests therein and to consent to the recordation thereof, effective immediately.

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20 Resolution No.

STOCKTON CITY COUNCIL

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

1. That, effective immediately, Taryn N. Jones, Acting City Attorney, is hereby authorized to accept deeds and grants of real property and interests therein and to consent to the recordation thereof for and on behalf of the City of Stockton.

2. That the City Clerk i s hereby authorized and directed to record a copy of this Resolution with the San Joaquin County Recorder's Office.

3. That Resolution 2022-03-22-1204-02 adopted by the City Council March 22, 2022, is hereby rescinded effective immediately.

PASSED, APPROVED, and ADOPTED January 27, 2026 .

CHRISTINA FUGAZI
Mayor of the City of Stockton

ATTEST:

____

KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
21 City of Stockton
Legislation Text
File #: 26-0104, Version: 1

RE-ESTABLISHMENT OF THE CHARTER REVIEW ADVISORY COMMISSION AND COUNCIL

CHARTER REVIEW AD-HOC COMMITTEE

RECOMMENDATION
It is recommended that City Council adopt a resolution re-establishing the Charter Review Advisory Commission and the Council Charter Review Ad-Hoc Committee to review and provide recommendations on revisions to the City Charter.

Summary
On October 24, 2023, Council passed Resolution 2023-10-24-1502 forming a Citizen’s Charter Review Advisory Commission and the Council Charter Review Ad-Hoc Committee. To continue the assigned tasks, both the Commission and the Committee must be re-established.

DISCUSSION
Background
Ad-Hoc Charter Review Committee
Council Policy 3.06, City Council Committees, Boards, and Commissions, section 3.06.010, subparagraph 4C, the Council shall from time to time establish ad hoc committees targeted toward specific issues. The ad hoc committees shall be established by resolution of the Council, with appointments to be made by the Mayor based on functional and interpersonal criteria. The terms of the ad hoc committees shall not exceed one year unless reestablished or extended by resolution of the Council.

The Ad-Hoc Charter Review Committee’s primary role is to efficiently oversee the scope of work delegated by the Council, provide guidance to the Charter Review Advisory Commission, and regularly update the Council on the progress of this effort.

The Ad-Hoc Committee will establish a regular reporting schedule for the Charter Review Advisory Commission, ensuring timely communication.

Charter Review Advisory Commission
Charter amendments must be approved by the City’s electors, involving citizens in the development of proposed Charter language is crucial to ensure that the measures put forth align with the values and expectations of the community.

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The scope of work and timeframe for the Commission is assigned by the Ad-Hoc Committee.

Present Situation
The attached Resolution re-establishes both the Citizen’s Charter Review Advisory Commission and the Council Charter Review Ad-Hoc Committee expiring at the end of the term, December 31, 2026.

FINANCIAL SUMMARY
The financial impacts, at this time, are limited to the staff time required to support the Commission and Committee. Should a measure be placed on the ballot, there will be election related costs.

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23 Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION RE-ESTABLISHING OF THE CHARTER REVIEW ADVISORY

COMMISSION AND COUNCIL CHARTER REVIEW AD-HOC COMMITTEE

The Charter Review Advisory Commission and the Council Charter Review Ad-Hoc Committee were established by Council Resolution 2023-10-24-1502; and

Council Policy 3.06.010(4)(C) authorizes the City Council to establish or re-establish ad-hoc committees targeted towards specific issues; and

The Charter Review Advisory Commission and the Coun cil Charter Review Ad-Hoc Committee expired on December 31, 2025, unless re-established or extended by resolution of the Council with appointments to be made by the Mayor based on the expertise and expressed interest of the Councilmembers; and

The City Council desires to re-establish the Charter Review Advisory Commission and the Council Charter Review Ad-Hoc Committee; now, therefore,

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

1. This City Council hereby approve s the re-establishment of the Charter Review Advisory Commission and the Council Charter Review Ad -Hoc Committee, and to expire on December 31, 2026.

2. The following Councilmembers are appointe d to serve on the Council Charter Review Ad-Hoc Committee:

Councilmember Michele Padilla (Chair)
Councilmember Mariela Ponce (Vice-chair)
Councilmember Brando Villapudua (Member)
Councilmember Michael Blower (Alternate)

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24 3. The Council Charter Review Ad -Hoc Committee will report its progress to the Council at the discretion of the Chair.

PASSED, APPROVED, and ADOPTED January 27, 2026

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:

KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
25 City of Stockton
Legislation Text
File #: 26-0043, Version: 1
ADOPT A RESOLUTION TO AUTHORIZE SUBAGREEMENTS FOR THE 2026

CALIFORNIANSFORALL YOUTH JOBS CORPS PROGRAM

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

1. Authorize the City Manager to execute new agreements with two existing subgrantees to implement youth workforce development programs funded by the CaliforniansForAll Youth Jobs Corps grant for Calendar Year 2026, retroactive to January 1, 2026, in the amount of $988,971.70; and

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

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

Summary
With prior City Council action (Reso 2025-05-13-1205), the City of Stockton accepted CaliforniansForAll Youth Service Corps grant funding to support youth employment programs administered through qualified subgrantees. To continue program implementation during Calendar Year 2026, staff is recommending approval of new subgrantee agreements with two existing youth workforce providers. Although these agreements build upon previously approved program models and partnerships, State grant requirements prohibit the use of prior-year funds beyond their performance period, necessitating new contracts specific to the 2026 calendar year. Approval is requested retroactive to January 1, 2026, to ensure continuity of services and reimbursement eligibility.

DISCUSSION
Background
The CaliforniansForAll Youth Service Corps program is a statewide initiative administered by California Volunteers that supports youth employment and workforce development in key areas including food insecurity, climate, education, and public service. As part of this initiative, the City of Stockton administers grant funding directly and through subgrants to experienced community-based and public-sector providers that deliver paid employment opportunities, job readiness training, and wraparound services to eligible youth.

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Following acceptance of prior grant awards, the City established partnerships with multiple subgrantees that demonstrated capacity, compliance, and strong performance outcomes. These partnerships have enabled the City to implement successful youth workforce programs at scale, meeting all State reporting, fiscal, and audit requirements while serving 245 youth participants during the 2025 program year.

Present Situation
The City has been awarded additional CaliforniansForAll Youth Service Corps funding for Calendar Year 2026, covering the period from January 1, 2026, through December 31, 2026. Under the terms of the State grant, funds must be used exclusively within the designated calendar year and may not be carried forward or combined with funds from prior grant periods. As a result, subgrantee agreements for Calendar Year 2026 must be executed as new contracts rather than amendments to existing agreements. Staff is recommending approval of new agreements with two existing subgrantees that have previously delivered Youth Service Corps programming on behalf of the City and have demonstrated the ability to meet State performance and compliance requirements.

San Joaquin County Office of Education DBA Greater Valley Conservation Corps (GVCC) is a certified local conservation corps established in 2010 with a mission to inspire, educate, and serve youth through workforce development and environmental stewardship. GVCC will provide outreach and recruitment to serve youth aged 18-26, employing participants as Corpsmembers in career pathways related to environmental and waste management, natural resource management, and community improvement efforts. Wraparound services will be provided to support participant retention and successful program completion.

Main Street Youth & Family Services (MSYFS) is a nonprofit organization that provides youth workforce development programming designed to help participants transition into stable employment through paid work experience and supportive services. MSYFS will provide employment opportunities for youth aged 16-30 through agency-owned businesses and will deliver job readiness training, mentoring, leadership development, and transition planning services during program participation.

Consistent with State guidance, this funding was framed as an extension of the City’s existing Youth Service Corps grant program. Given the continuity of program design, provider performance, and State oversight requirements, staff did not conduct a new competitive procurement process. Approval of these agreements retroactive to January 1, 2026 will ensure uninterrupted service delivery and allow for reimbursement of eligible program costs incurred since the start of the grant period.

Findings
Pursuant to Stockton Municipal Code section 3.68.070, the Council may approve findings that support and justify an exception to the competitive bidding process.

The following findings support such an exception:

1. The recommended agreements continue previously approved youth workforce development programs implemented by existing subgrantees with demonstrated capacity, performance history, and compliance with State grant requirements.

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2. The State of California framed the 2026 funding as an extension of the City’s existing Youth Service Corps grant and requires the use of calendar-year-specific funding, necessitating new agreements without materially changing program scope, providers, or services.

3. Conducting a competitive procurement process would not provide a material benefit given the continuity of services, fixed State program requirements, and the need to ensure uninterrupted youth employment and grant compliance.

Staff recommends the City Council approve the findings and adopt a resolution authorizing the City Manager to execute the recommended subgrantee agreements.

FINANCIAL SUMMARY
This is a reimbursable grant program, meaning the subgrantees will pay for project related expenses in full, then submit documentation for reimbursement by the City. The City will then follow the same process, consolidating all grant related expenses per billing cycle, and submit documentation for reimbursement through the CaliforiansForAll Youth Workforce Grant.

There will be no impact to the General Fund, all related costs will be supported by the grant funding.

There is sufficient funding available. No matching funds are required for this grant.

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28 Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION TO AUTHORIZE SUBAGREEMENTS FOR THE 2026

CALIFORNIANSFORALL YOUTH JOBS CORPS PROGRAM

The City of Stockton (“City”) is interested in promoting workforce development programs, particularly those that endeavor to empower youth; and

The City of Stockton was awarded and accepted CaliforniansForAll Youth Service Corps grant funding administered by California Volunteers to support youth employment and workforce development programs; and

The State has awarded additional Youth Service Corps funding for Calendar Year 2026, covering the period from January 1, 2026, through December 31, 2026, which must be administered separately from prior grant periods; and

The City will use a portion of the 2026 funding to continue implementation of its youth workforce development strategy through partnerships with qualified subgrantees that have previously demonstrated capacity, compliance, and strong performance outcomes; and

The State framed the 2026 funding as an extens ion of the City’s existing Youth Service Corps grant, and continued use of existing providers ensures program continuity, compliance with State requirements, and uninterrupted youth employment services; and

Approval of these agreements retroactive to January 1, 2026, is necessary to align contract authority with the State grant period and allow for reimbursement of eligible program costs incurred since the start of the calendar year; now, therefore,

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

1. The City Manager is authorized to execute subagreements with Main Street Youth and Family Services ($493,971.70) and the San Joaquin County Office of Education DBA Greater Valley Conser vation Corps ($495,000) totaling $988,971.70 to implement youth workforce programs with the CaliforniansForAll Youth Jobs Corps Round 3 grant funds (Exhibits 1 and 2).

2. The City Council approves findings pursuant to Stockton Municipal Code Section 3.68.070 in support of an exception to the competitive bidding process, including:

a. The recommended agreements continue previously approved youth workforce development programs implemented by existing subgrantees 29 with demonstrated capacity, performance history, and compliance with State grant requirements.

b. The State of California framed the 2026 funding as an extension of the City’s existing Youth Service Corps grant and requires the use of calendar-year-specific funding, necessitating new agreements without materially changing program scope, providers, or services.

c. Conducting a competitive procurement process would not provide a material benefit given the continuity of services, fixed State program requirements, and the need to ensure uninterrupted youth emp loyment and grant compliance.

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

PASSED, APPROVED, and ADOPTED January 27, 2026 .

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:

KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton

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75 City of Stockton
Legislation Text
File #: 25-1435, Version: 1

ADOPT A RESOLUTION AUTHORIZING POSITION ALLOCATIONS, FUNDING REALIGNMENTS,

AND APPROPRIATIONS TO SUPPORT COUNTYWIDE AMBULANCE DISPATCH OPERATIONS

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

1. Approving eight (8) position allocations within the Fire Department General Fund Emergency Dispatch Center Sub-fund to support countywide ambulance dispatch operations, including one (1) Emergency Communications Manager position, five (5) Fire Telecommunicator I/II positions, one (1) Fire Telecommunicator Supervisor position, and one (1) Public Safety Information Systems Analyst position;

2. Approving an allocation within the Fire Department General Fund for one (1) Nurse position within the Fire Department Emergency Medical Services (EMS) Division to maintain EMS oversight following implementation of countywide ambulance dispatch operations;

3. Approving an allocation for one (1) Program Manager I position within the Administrative Services Department General Fund to cover additional administrative workload associated with CENCAL Fire and EMS Authority operations;

4. Approving necessary reallocations of existing Fire Department positions between the Fire Department General Fund and the Emergency Communications Division sub-fund to ensure accurate alignment of staffing costs with revised operational responsibilities;

5. Approving an interfund loan of $1,112,000 from the City Workers’ Compensation Internal Service Fund (530) Reserve balance to the Fire Department General Fund (100) & Emergency Communications Division General Fund sub-fund (100-130), pursuant to City Council interfund loan policy 17.01-020, to fund the above-stated pre-operational staffing and additional technology costs associated with countywide ambulance dispatch. The interfund loan will be transferred upon execution of a minimum required distribution agreement with CENCAL Fire and EMS Authority, with $153,000 transferred to the Fire Department General Fund (100) and $959,000 to the Emergency Communications Division General Fund sub-fund (100-130). The interfund loan will be fully repaid with annual compound interest of 4.35 percent no later than June 30, 2030 by the Emergency Communications Division General Fund sub-fund (100-130);

6. Authorizing that any excess revenues distributed to the City pursuant to the CENCAL Fire and EMS Authority Joint Powers Agreement shall be reinvested in Stockton Fire Department operations and shall not be used to supplant baseline Fire Department General Fund appropriations or support non-Fire Department functions.

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

Summary
The CENCAL Fire and EMS Authority (CENCAL) is a joint powers authority formed by the City of Stockton, the City of Lodi, and the South San Joaquin County Fire Authority to provide regional ambulance transport and ambulance dispatch services within San Joaquin County. CENCAL has been selected by the San Joaquin County Emergency Medical Services Agency to provide exclusive ambulance transport services within exclusive operating area (EOA) Zones X and Y and to serve as the County’s designated emergency ambulance dispatch provider.

With this selection, the Stockton Fire Department’s (SFD) Regional Emergency Communications Center (Dispatch Center) will serve as CENCAL’s subcontracted provider of countywide ambulance dispatch, significantly expanding its operational scope and complexity. Implementation of this expanded role requires additional staffing, technology, and facility capacity to manage integrated dispatch operations across the County.

Staff recommends approval of the following position allocations within the SFD General Fund Emergency Dispatch Center sub-fund: one (1) Emergency Communications Manager, five (5) Fire Telecommunicator I/II positions, one (1) Fire Telecommunicator Supervisor, and one (1) Public Safety Information Systems Analyst.

Staff recommends approval of the following General Fund position allocations: one (1) Nurse position within the SFD Emergency Medical Services (EMS) Division and one (1) Program Manager I classification within the Administrative Services Department.

Staff recommends approval of the following reallocations of existing position funding to align staffing costs with revised operational responsibilities:
· Modify the funding allocation of one (1) Administrative Fire Captain position from 100 percent Emergency Communications Division (ECD) sub-fund to a 10 percent ECD sub-fund and 90 percent SFD General Fund allocation.
· Modify the funding allocation of one (1) Deputy Fire Chief position from 100 percent SFD General Fund to a 50 percent SFD General Fund and 50 percent ECD sub-fund allocation. · Modify the funding allocation of one (1) Division Chief position from a 60 percent ECD sub- fund and 40 percent SFD General Fund allocation to a 100 percent SFD General Fund allocation.
· Modify the funding allocation of one (1) Fire Department Administrative Manager position from 100 percent SFD General Fund to a 95 percent SFD General Fund and 5 percent ECD sub- fund allocation.
· Modify the funding allocation of one (1) Senior Administrative Analyst position from 100 percent SFD General Fund to a 95 percent SFD General Fund and 5 percent ECD sub-fund allocation.

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Staff recommends an interfund loan of $1,112,000 from the City Workers’ Compensation Internal Service Fund (530) Reserve balance to the Fire Department General Fund (100) & Emergency Communications Division General Fund sub-fund (100-130), pursuant to City Council interfund loan policy 17.01-020, to fund pre-operational staffing and additional technology costs associated with countywide ambulance dispatch. The interfund loan will be transferred upon execution of a minimum required distribution agreement with CENCAL Fire and EMS Authority, with $153,000 transferred to the Fire Department General Fund (100) and $959,000 to the Emergency Communications Division General Fund sub-fund (100-130). The interfund loan will be fully repaid with annual compound interest of 4.35 percent no later than June 30, 2030 by the Emergency Communications Division General Fund sub-fund (100-130);
Staff further recommends that the City Council affirm its intent that any excess revenues distributed to the City pursuant to the CENCAL Fire and EMS Authority Joint Powers Agreement be reinvested in Stockton Fire Department operations and not be used to supplant baseline Fire Department General Fund appropriations or support non-Fire Department functions.

DISCUSSION

BACKGROUND
The San Joaquin County Emergency Medical Services Agency (SJCEMSA) serves as the County’s designated Local Emergency Medical Services Agency (LEMSA), exercising authority delegated by the California Emergency Medical Services Authority (EMSA) pursuant to California Health and Safety Code Division 2.5. In this role, SJCEMSA administers the local EMS system, including designation of EOAs for ambulance transport and oversight of emergency ambulance dispatch.

In anticipation of an upcoming SJCEMSA request for proposals (RFP) for emergency ambulance transport services, the City of Stockton Fire Department (SFD), the City of Lodi Fire Department (LFD), and the South San Joaquin County Fire Authority (SSJCFA) began coordinated discussions regarding opportunities to strengthen regional EMS delivery and improve system coordination within San Joaquin County. As part of this planning effort, the agencies determined the formation of a joint powers authority (JPA) would provide a structured mechanism to pursue a regional ambulance transport and dispatch model.

On February 4, 2025, City Council Resolution No. 2025-02-04-1208 authorized the City of Stockton’s participation in CENCAL and approved a startup contribution of $1,515,700, repayable to the City by June 30, 2030.

On May 27, 2025, SJCEMSA issued RFP No. 24-32 for emergency ambulance transport services within EOA Zone X, which includes the cities of Stockton and Lodi and surrounding unincorporated areas, and EOA Zone Y, which includes the cities of Tracy and Mountain House and surrounding unincorporated areas. The RFP further specified that the contractor awarded EOA Zone X would serve as the LEMSA-designated emergency ambulance dispatch center for San Joaquin County.

On July 18, 2025, CENCAL entered into an agreement with American Medical Response (AMR) to collaborate on the submission of a proposal in response to SJCEMSA’s RFP. Under the agreement, if CENCAL were awarded one or both EOAs, AMR would serve as CENCAL’s ambulance City of Stockton Printed on 1/22/2026Page 3 of 9
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subcontractor and provide emergency ambulance transport services within the awarded zone(s).

SFD coordinated with CENCAL to include SFD’s regional Dispatch Center as the proposed provider of emergency ambulance dispatch services. At the time of proposal submission, a formal agreement between SFD and CENCAL had not yet been executed; however, the parties had reached a mutual understanding regarding service levels and pricing structure.

On August 25, 2025, CENCAL, in coordination with AMR and SFD, submitted a proposal in response to the County’s RFP.

On September 25, 2025, CENCAL received a Notice of Intent to Award for the exclusive operating rights for ambulance transport services within EOA Zones X and Y and to provide countywide emergency ambulance dispatch services.

Present Situation
With CENCAL’s selection, SFD’s Dispatch Center will assume responsibility for countywide ambulance dispatch. To support this expanded role, staff have identified the need for additional personnel, technology and equipment, and facility modifications to accommodate increased call volume, operational complexity, and system integration requirements.

Emergency Communications Division Staffing
The expansion to countywide ambulance dispatch will substantially increase operational demands on the SFD’s Dispatch Center. Annual dispatch activity is projected to increase from approximately 78,000 to approximately 177,000 dispatches, significantly increasing call-taking volume, unit coordination, and real-time system oversight requirements. To support this expanded operational scope, staff has identified the need for additional operational leadership, frontline staffing, and technical support to ensure service continuity, operational readiness, and effective implementation of countywide ambulance dispatch.

Staff recommends the addition of an Emergency Communications Manager position to provide overall management of the Dispatch Center. This position would be responsible for division-level administration, strategic planning, policy development, performance measurement, and coordination with external agencies and governing bodies. As dispatch operations expand to a countywide model, this role provides centralized leadership to establish operational expectations, align resources with service demands, and ensure accountability at the program and system level.

Staff further recommends the addition of five Fire Telecommunicator I/II position allocations to address the substantial increase in call volume associated with countywide ambulance dispatch.

These positions would perform call-taking, unit dispatching, and coordination of fire, EMS, and ambulance resources. Adequate staffing levels are necessary to maintain call-processing times, manage concurrent incidents, and sustain service levels during periods of peak demand.

An additional Fire Telecommunicator Supervisor position allocation is recommended to provide day- to-day supervision of dispatch personnel. This position would be responsible for shift supervision, workload balancing, real-time decision support for dispatch staff, quality assurance reviews, and enforcement of established procedures and protocols. This role provides the on-floor supervisory City of Stockton Printed on 1/22/2026Page 4 of 9
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presence necessary to maintain operational discipline and service consistency in a high-volume, multi-discipline dispatch environment.

Staff also recommends the addition of one Public Safety Information Systems Analyst position allocation dedicated to the Fire Department to support the technical and operational integration of dispatch systems, including radio communications, Computer Aided Dispatch (CAD), and system status management technology. While the position will be allocated to and functionally embedded within the Fire Department, it will work closely with the City’s Information Technology Department to ensure system compatibility, cybersecurity compliance, and alignment with Citywide technology standards. As dispatch operations become more complex, dedicated technical support within the Fire Department is necessary to ensure system reliability and continuity of operations.

Implementation of countywide ambulance dispatch also requires targeted realignment of existing position funding to ensure staffing costs are appropriately aligned with revised operational responsibilities. These adjustments include modifying the funding allocation of a Deputy Fire Chief position to reflect shared General Fund and ECD responsibilities, returning one Division Chief position to full General Fund support, and making minor allocation adjustments to the Fire Department Administrative Manager and Senior Administrative Analyst positions to reflect limited support provided to ECD. Additionally, SFD will modify the allocation of one existing Administrative Fire Captain position between the ECD sub-fund to the SFD General Fund which will be overfilled with a Fire Services Administrator position.

CENCAL Executive Director and Emergency Medical Services Division Nurse As part of CENCAL implementation, SFD’s current EMS Division Chief will transition to serve as Executive Director of CENCAL. In this role, the Executive Director will be responsible for the day-to- day administration of CENCAL, including oversight of contracted ambulance transport services, system performance monitoring, regulatory compliance, and implementation of CENCAL Board- adopted policies. This position is central to establishing consistent regional operations and accountability under the CENCAL governance structure.

The Executive Director position will be funded entirely by CENCAL on a reimbursement basis, with no ongoing salary or benefit cost to the City. While this transition strengthens CENCAL governance, it also results in the loss of a dedicated management position within the SFD’s EMS Division. SFD must continue to provide clinical oversight, training coordination, quality assurance, and regulatory compliance for its EMS program, separate from CENCAL’s operational responsibilities.

To maintain continuity of clinical oversight, staff proposes the establishment of a Nurse position within the SFD EMS Division. This position would provide dedicated clinical leadership, including support for EMS training, review of patient care documentation, coordination of quality improvement activities, protocol implementation, and ongoing compliance with County and State EMS requirements.

Working in conjunction with existing paramedic leadership, the position would support ongoing clinical oversight of SFD’s EMS operations following the transition of the EMS Division Chief to CENCAL.

Funding capacity created by the full reimbursement of the Executive Director position by CENCAL will be used to support the proposed EMS Nurse position.

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While the City maintains an existing Quality Improvement Coordinator classification that requires a Registered Nurse license, the classification has not been utilized by SFD in several years and may not fully align with the scope, responsibilities, or market conditions associated with the proposed EMS Nurse role. Accordingly, and pending coordination with Human Resources to evaluate classification applicability and compensation alignment, the EMS Nurse position is budgeted at the Budget Officer level for planning purposes. To avoid pre-operational staffing costs, hiring for the EMS Nurse position is anticipated to occur in FY 2026-27.

Administrative Services Department Program Manager I
CENCAL implementation will increase workload within the Administrative Services Department, particularly in accounting and administrative functions associated with use of the City’s enterprise resource planning system. While the precise scope of this workload will evolve as CENCAL operations mature, these functions will require additional administrative capacity beyond existing baseline responsibilities.

To address this need, staff recommends approval of a budget allocation equivalent to the fully burdened salary and benefit cost of a Program Manager I classification in the Administrative Services Department General Fund beginning in FY 2026-27. This allocation establishes the level of administrative support that CENCAL will fund annually as part of its operating costs and defines the maximum reimbursement amount payable to the City for administrative services.

Approval of this allocation does not require the City to fill a specific position or assign a particular employee to CENCAL-related work. The Administrative Services Department will retain discretion to determine how best to address the workload, whether through hiring, reassignment of duties, or absorption within existing resources, consistent with operational needs.

CENCAL will reimburse the City for administrative support costs incurred, up to the fully burdened salary and benefit cost of a Program Manager I classification. If the workload is absorbed within existing resources, the reimbursement will result in a net positive fiscal effect to the General Fund. In all cases, approval of this allocation results in no negative impact to the General Fund.

For purposes of fiscal transparency, the Financial Impact section of this report assumes the City hires an additional employee at the Program Manager I level, representing the most conservative scenario.

Actual fiscal outcomes will vary depending on how the Administrative Services Department ultimately deploys resources.

Technology Improvements
Implementation of countywide ambulance dispatch requires technology that supports coordinated resource deployment, real-time situational awareness, and systemwide performance management.

To meet these requirements, a dedicated system status management (SSM) platform is necessary to support dynamic ambulance deployment across the County. The SSM platform analyzes historical call demand alongside real-time operational conditions to inform where ambulance resources should be positioned throughout the day. This enables dispatch staff to actively manage coverage, anticipate demand, and adjust deployment as conditions change, rather than relying on static post assignments. The result is more consistent system coverage and more effective use of available ambulance unit hours.

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To function effectively, the SSM platform must be integrated with the CAD system. This integration is accomplished through a CAD-to-SSM interface that enables real-time exchange of unit status, availability, assignments, and location data between systems. Without this interface, deployment recommendations would rely on delayed or manually interpreted information, limiting operational effectiveness and increasing dispatcher workload. The integrated platform provides dispatch staff with a single, current operational picture and ensures that deployment decisions are based on live system conditions.

Countywide ambulance dispatch also requires expansion of the Dispatch Center’s radio infrastructure. Installation of additional radio base stations is necessary to bring contracted ambulance provider radio traffic into the Dispatch Center and support direct dispatch and coordination of ambulance resources.

Use of Excess Revenues and Council Intent
The CENCAL Joint Powers Agreement provides that any excess revenues may be distributed to the member agencies in accordance with their respective pro-rata share. While the Agreement establishes the mechanics for distribution, it does not prescribe the specific internal use of such revenues by a member agency once received.

Staff wishes to clarify the intended purpose of any excess revenues distributed to the City of Stockton as a result of CENCAL operations. The intent of these distributions is to enhance and reinvest in Stockton Fire Department operations, particularly those operational, staffing, and infrastructure demands that are attributable to regional EMS delivery, emergency communications, and systemwide coordination responsibilities assumed by the Fire Department. Excess revenues are not intended to be used to supplant existing and/or baseline Fire Department General Fund appropriations, nor to be diverted to support other City departments.

Staff recommends Council formally recognize this intent and affirm the City’s commitment to ensuring that the benefits generated through CENCAL are reinvested in the Fire Department. This approach ensures that the financial benefits generated through regional collaboration are reinvested in emergency response services that directly serve Stockton residents, strengthening capacity, improving service reliability, and supporting the long-term sustainability of fire, EMS, and emergency communications operations for the community.

FINANCIAL IMPACT
The financial impact associated with implementation of countywide ambulance dispatch includes one -time pre-operational costs in FY 2025-26 and ongoing operating impacts beginning in FY 2026-27.

In FY 2025-26, the Fire Department requires a$1.11 million interfund loan from the Worker’ Compensation Internal Service Fund Reserves to cover staffing, and technology costs. Staff are working with CENCAL Fire and EMS Authority to execute a minimum required distribution agreement that will fully repay the interfund loan, at 4.35 percent annual compound interest, by June 30, 2030.

The City allocates funds from the General Fund to cover its share of the cost of emergency dispatch services provided by the Dispatch Center. Beginning in FY 2026-27, the total General Fund share of ECD operations is projected to decrease by approximately $1.396 million, a reduction that is anticipated to continue in future fiscal years.

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FY 2025-26 Pre-Operational Phase
In FY 2025-26, pre-operational costs must be incurred in advance to recruit, hire, train, and equip personnel and to complete required system modifications prior to the commencement of expanded dispatch services.

Staffing costs total $775,000 and technology costs total $337,000, for a combined amount of $1.11 million. These expenditures will be funded through an interfund loan from the Workers’ Compensation Fund Reserve.

Table 1. FY 2025-26 Pre-Operational Cost Summary
Category Amount
Staffing costs (new positions) $775,000
Technology costs $337,000
Pre-operational costs $1,112,000
FY 2026-27 and Ongoing Operating Impact
ECD’s annual operating costs are currently funded through fees from contracted emergency dispatch services provided to outside agencies and an annual funding allocation from the General Fund. In FY 2025-26, the General fund has a funding allocation of $3.8 million to fully cover ECD costs.

Beginning in FY 2026-27, the ECD General Fund allocation is projected to decrease to approximately $2.3 million. After accounting for additional General Fund expenses and offsetting revenues resulting from expanded dispatch operations, the total General Fund support is projected to decline by approximately $1.396 million. This projected reduction provides SFD with increased General Fund capacity that may be redirected to other identified departmental needs, within the SFD.

FY 2026-27 General Fund Impact Summary
Table 2. General Fund Costs
Category Amount
Emergency Communications Division operations $2,308,000 Position reallocations $368,000
EMS Nurse $267,000
Program Manager I $176,000
Total General Fund Costs $3,119,000
Table 3. Offsetting General Fund Revenues
Category Amount
CENCAL Executive Director reimbursement $(539,000)
Program Manager I reimbursement $(176,000)
Total Offsetting Revenues $(715,000)
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Table 4. Net General Fund Support
Category Amount
Total General Fund costs $3,119,000
Less: Offsetting revenues $(715,000)
Net General Fund support $2,404,000
Table 5. Estimated General Fund Reduction
Category Amount
FY 2025-26 General Fund dispatch support (baseline) $3,800,000 FY 2026-27 Estimated General Fund support $2,404,000
Estimated General Fund Reduction $1,396,000
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84 Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION AUTHORIZING POSITION ALLOCATIONS, FUNDING

REALIGNMENTS, AND APPROPRIATIONS TO SUPPORT COUNTYWIDE

AMBULANCE DISPATCH OPERATIONS

The San Joaquin County Emergency Medical Services Agency (“SJCEMSA”) serves as the Local Emergency Medical Services Agency (“LEMSA”) with authority to coordinate and regulate emergency medical services pursuant to California Health and Safety Code Division 2.5; and

Acting in its capacity as the LEMSA, SJCEMSA is authorized to designate Exclusive Operating Areas (“EOAs”) for the provision of ambulance transport services and to designate emergency ambulance dispatch providers; and

The City of Stockton is a member agency of the CENCAL Fire and EMS Authority (“CENCAL”), a joint powers authority formed pursuant to sections 6500 et seq. of the California Government Code to provide regional ambulance transport and emergency ambulance dispatch services within San Joaquin County; and

CENCAL has been selected by SJCEMSA to provide exclusive ambulance transport services within EOA Zones X and Y and to serve as the County’s designated emergency ambulance dispatch provider; and

As part of this regional service delivery model, the Stockton Fire Department’s Regional Emergency Communications Center will serve as CENCAL’s subcontracted provider of countywide emergency ambulance dispatch services, resulting in a substantial expansion of dispatch operations, call volume, and operational complexity; and

Implementation of countywide ambulance dispatch requires additional staffing, technology, as well as realignment of existing position funding; and The CENCAL Joint Powers Agreement provides that exce ss revenues may be distributed to the member agencies in accordance with their respective pro -rata share, but does not prescribe how such revenues are to be used by a member agency once distributed; and
The City Council desires to formally recognize that a ny excess revenues distributed to the City of Stockton as a result of CENCAL operations are intended to support and enhance Stockton Fire Department operations and capacity and are not intended to supplant existing baseline Fire Department General Fund app ropriations or be redirected to support non-Fire Department functions; and 85 Pursuant to Section 400 of the City of Stockton Charter, the City Council is the governing body of the City and all powers of the City, including the authority to establish fiscal policy and determine the use and restriction of City revenues, are vested in the City Council; now, therefore,

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

1. The City Council approves eight (8) position allocations within the Fire Department General Fund Emergency Dispatch Center sub -fund to support countywide ambulance dispatch operations, consisting of one (1) Emergency Communications Manager position, five (5) Fire Telecommunicator I/II positions, one (1) Fire Telecommunicator Supervisor position, and one (1) Public Safety Information Systems Analyst position.

2. The City Council approves an allocation within the Fire Department General Fund for one (1) Nurse position within the Fire Department Emergency Medical Services Division to maintain clinical oversight and regulatory compliance following implementation of countywide ambulance dispatch operations.

3. The City Council approves an allocation within the Administrative Services Department General Fund equivalent to the fully burdened salary and benefit cost of one (1) Program Manager I classification to address additional administrative workload associated with CENCAL operations, with such costs to be reimbursed by CENCAL in accordance with approved agreements.

4. The City Council approves necessary reallocations of existing Fire Department position funding between the Fire Department General Fund and the Emergency Communications Division sub -fund to ensure accurate alignment of staffing costs with revised operational responsibilities as follows:
 Modify the funding allocation of one (1) Administrative Fire Captain position from 100 percent Emergency Communications Division (ECD) sub -fund to a 10 percent ECD sub-fund and 90 percent SFD General Fund allocation.  Modify the funding allocation of one (1) Deputy Fire Chief position from 100 percent SFD General Fund to a 50 percent SFD General Fund and 50 percent ECD sub-fund allocation.
 Modify the funding allocation of one (1) Division Chief position from a 60 percent ECD sub-fund and 40 percent SFD General Fund allocation to a 100 percent SFD General Fund allocation.
 Modify the funding allocation of one (1) Fire Department Administrative Manager position from 100 percent SFD General Fund to a 95 percent SFD General Fund and 5 percent ECD sub-fund allocation.
 Modify the funding allocation of one (1) Senior Administrative Analyst position from 100 percent SFD General Fund to a 95 percent SFD General Fund and 5 percent ECD sub-fund allocation.
86 5. The City Council approves an interfund loan o f $1,112,000 from the City Workers’ Compensation Internal Service Fund (530) Reserve balance to the Fire Department General Fund (100) & Emergency Communications Division General Fund sub-fund (100-130), pursuant to City Council interfund loan policy 17.01-020, to fund pre- operational staffing and additional technology costs associated with countywide ambulance dispatch. The interfund loan will be transferred upon execution of a minimum required distribution agreement with CENCAL Fire and EMS Authority, wi th $153,000 transferred to the Fire Department General Fund (100) and $959,000 to the Emergency Communications Division General Fund sub -fund (100-130). The interfund loan will be fully repaid with annual compound interest of 4.35 percent no later than Jun e 30, 2030, by the Emergency Communications Division General Fund sub-fund (100-130).

6. The City Council hereby determines and declares that any excess revenues distributed to the City pursuant to the CENCAL Fire and EMS Authority Joint Powers Agreement shall constitute restricted funds and shall be used exclusively to enhance Fire Department operations, including operational, staffing, and infrastructure needs associated with regional emergency service delivery.

7. The City Council hereby determines and dec lares that such excess revenues shall not be used to supplant necessary baseline Fire Department General Fund appropriations, including the City’s responsibility to fund normal and reasonable growth necessary to provide Fire Department services to the comm unity. Such excess revenues shall not be transferred, reprogrammed, or otherwise used to support other City departments or purposes.

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

PASSED, APPROVED, and ADOPTED January 27, 2026 .

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:

KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
87 City of Stockton
Legislation Text
File #: 26-0027, Version: 1
ADOPT AN ORDINANCE AMENDING THE STOCKTON MUNICIPAL CODE TO ADD TITLE 8, CHAPTER TO 8.38 TO REGULATE SECURED STORAGE OF PALLETS BY COMMERCIAL

ESTABLISHMENTS

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

1. Adopt an ordinance adding Title 8 Chapter 38 to the Stockton Municipal Code requiring secured storage of pallets on commercial properties with an effective date of 120 days after adoption; and

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

Summary
The proposed ordinance addresses public safety concerns related to the storage of unsecured pallets on commercial properties. It requires businesses to store pallets in secure areas to prevent fire hazards and visual blight. The ordinance includes definitions, storage requirements, exceptions, enforcement mechanisms, and penalties. Adoption will enhance community safety and compliance with fire prevention standards.

DISCUSSION
Background
Unsecured pallet storage has long been a concern for fire safety and community aesthetics. Pallets, often made of combustible materials such as wood or plastic, can significantly increase fire load and accelerate fire spread. The City has authority under Government Code sections 38771-38773.5 to regulate nuisances and hazards In early 2025, the Legislative and Environmental Committee deliberated on measures to regulate loose pallets stored behind commercial establishments. The committee intended to examine an ordinance aimed at regulating these pallets and enhancing public safety. The Fire Department worked with Code Enforcement to draft an ordinance, which was then submitted to the Legislative/Environmental Committee. The Legislative/Environmental Committee approved the ordinance for City Council to consider for final approval and implementation.

Present Situation
The proposed ordinance introduces comprehensive requirements for pallet storage on commercial and industrial properties. An outline of those provisions is provided below:

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88 File #: 26-0027, Version: 1
· Secured Storage Requirement: All pallets must be stored in locked or gated enclosures or secured with chains/cables to prevent unauthorized access. · Time Limit for Unsecured Pallets: Pallets may only remain in unsecured areas for up to 90 minutes during active loading/unloading operations.
· Visibility Restrictions: Pallets cannot be stored in areas visible from public streets, sidewalks, or alleys unless fully screened and secured.
· Exceptions: Indoor storage compliant with fire codes, construction sites with active permits, and emergency situations authorized by the Fire Marshal are exempt. · Fire Code Compliance: Businesses storing more than 50 pallets must comply with California Fire Code sections 315.7-315.7.7 and Chapter 32, as well as Stockton Municipal Code section

15.12.050 (Attachment A).

Benefits to the City:
· Reduces fire hazards and improves compliance with state fire codes. · Improves visual aesthetics and reduces blight in commercial corridors. · Provides clear enforcement tools and penalties for non-compliance.

Enforcement and Penalties:

Violations will be addressed through administrative citations, with the following fines:
· First violation: Written warning with 7 days to correct. · Second violation: $200 citation.
· Third and subsequent violations: $500 citation.

Appeals may be filed within 10 days under Chapter 1.44 of the Municipal Code.

Implementation Timeline:

Staff recommends that the ordinance take effect 120 days after adoption to allow outreach and education to be conducted by Code Enforcement and Fire Prevention staff and allow businesses time to comply.

FINANCIAL SUMMARY
Minimal fiscal impact. Minimal revenues anticipated. Enforcement will be managed by existing staff under current administrative citation procedures. No new funding requested.

Attachment A - Stockton Municipal Code References
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89 ATTACHMENT A
City of Stockton, CA
Tuesday, January 6, 2026

Title 15. Buildings and Construction
Chapter 15.12. FIRE CODE
§ 15.12.050. Pallets and palletized packing boxes and bin boxes.

A. Pallets, palletized packing boxes, and bin boxes shall be piled with due regard to stability of piles and in no case higher than 12 feet. All outdoor pallet stacks shall be arranged to form stable piles.

Individual pallet piles shall not exceed a cover area greater than 400 square feet. All pallet storage will comply with the separation distances identified in the California Fire Code, Section 315.7.6. All stacks of pallets shall not be stored within 10 feet of property lines.

B. Driveways between and around pallets, bin boxes, and palletized packing boxes shall be a minimum of 20 feet wi de and maintained free from accumulations of rubbish, weeds, machinery, or other articles that would block access or add to the fire hazard.

C. Pallets, palletized packing boxes, and bin box storage operating under a permit shall be enclosed by a suitable fence of at least six feet in height, unless storage is in a building.

D. An approved water supply and fire hydrants capable of supplying the required fire flow shall be provided within 150 feet of all portions of the storage, manufacturing, and repair areas in accordance with Section 507.5, California Fire Code.
(Ord. 2019-11-19-1102-02 § 2)
90 ORDINANCE NO. ________________

AN ORDINANCE ADDING TITLE 8 CHAPTER 8.38 TO THE STOCKTON MUNICIPAL CODE

TO REGULATE THE SECURED STORAGE OF PALLETS BY COMMERCIAL

ESTABLISHMENTS

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

SECTION I. FINDINGS AND INTENT.

The unsecured outdoor storage of pallets on commercial properties presents a significant public safety risk, including fire hazards and unauthorized use as shelter . The City of Stockton has the authority under its police powers and Government Code sections 38771-38773.5 to protect public health, safety, and welfare through appropriate regulations . It is the intent of the City Council to require that pallets be stored in a manner that prevents unauthorized access, reduces v isual blight, and minimizes safety hazards.

SECTION II. AMENDMENT OF CODE.

Title 8, Chapter 8.38, titled, “SECURED STORAGE OF PALLETS ” is added to the Stockton Municipal Code and shall read as follows:

8.38.010 Definitions.

“Pallet” means any wooden, composite, or plastic platform used for the storage or transport of goods, whether active, idle, or discarded.

“Commercial Property” means any property zoned for or occupied by a business or industrial use.

“Secured Storage” means a storage area that is enclosed by a locked fence, gated enclosure, or secured with a chain/cable and lock to prevent unauthorized access to pallets.

8.38.020 Secured Storage Requirement.

A. All commercial or industrial establishments must store pallets in a secured storage area.

B. No pallets may be left in areas accessible to the public, including alleys, driveways, loading docks, or any unfenced portions of a parcel, outside of active loading or unloading operations.

C. Pallets shall not remain in unsecured are as for longer than ninety (90) consecutive minutes during normal business hours unless they are actively being used for loading or unloading.

8.38.030 Visibility from the Public Right-of-Way.

Pallets shall not be stored in locations visible from public streets, sidewalks, or alleys unless fully screened and secured in accordance with Section x.xx.020.

8.38.040 Exceptions.
91 This Chapter shall not apply to:

A. Pallets stored indoors , provided such storage complies with all applicable fire and building code requirements, including those governing egress, clearance, and combustible storage indoors;

B. Pallets within fully enclosed and locked dock bays, or if the quantity exceeds 50 pallets.

With more than 50 pallets, they must be stored in accordance with section 315.7 - 315.7.7 and Chapter 32 of the California Fire Code, and section 15.12.050 of the Stockton Municipal Code;

C. Construction sites with active building permits, provided the pallets are associated with on-site construction materials;

D. Emergency situations authorized by the Fire Marshal.

8.38.050 Enforcement.

A. Violations of this Chapter are subject to administrative citations pursuant to Chapter 1.32 of the Stockton Municipal Code and may be issued by authorized representatives as provided in Section 1.24.020.

B. Penalties shall be assessed as follows:

1. First violation: written warning and seven (7) calendar days to correct;

2. Second violation: $200 administrative citation;

3. Third and subsequent violations: $500 administrative citation.

C. A person charged under this chapter may, within 10 calendar days of the date of the notice, appeal in accordance with Chapter 1.44 of this code. Failure to timely file an appeal constitutes a failure to exhaust available administrative remedies and bars any further review or appeal of the violation.

SECTION III. SEVERABILITY.

If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Chapter or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Chapter or any other part, thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional or invalid or ineffective.

//
//
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92 SECTION IV. EFFECTIVE DATE.

This ordinance shall be in full force and take effect one hundred and twenty (120) days after its passage.

ADOPTED: ____________________

EFFECTIVE: ____________________

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:

KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton

93 City of Stockton
Legislation Text
File #: 26-0084, Version: 1
ADOPT A RESOLUTION AUTHORIZING A CARRY-FORWARD APPROPRIATION OF $1.0 MILLION FROM FY 2024-25 FIRE DEPARTMENT YEAR-END SAVINGS FOR USE IN FY 2025-26.

RECOMMENDATION
It is recommended that City Council adopt a Resolution authorizing a carry-forward appropriation of $1.0 million from FY 2024-25 Fire Department year-end savings for use in FY 2025-26.

Summary
The FY 2024-25 Fire Department budget projects approximately $2.6 million in salary savings. Of this amount, $600,000 was authorized by the City Council to support enhanced paramedic compensation.

Staff is now requesting authorization to carry forward $1.0 million of the remaining year-end savings into FY 2025-26 to support additional Fire Department needs.

DISCUSSION
Background
On December 16, 2025, the City Council approved Resolution No. 2025-12-16-1211, authorizing a $600,000 carry-forward appropriation of Fire Department FY 2024-25 salary savings to fund enhanced paramedic compensation as part of a targeted recruitment and retention strategy.

The Fire Department has identified additional needs that cannot be accommodated within the FY 2025-26 adopted budget and is requesting authorization to carry forward an additional $1.0 million of remaining FY 2024-25 year-end savings for use in FY 2025-26.

Present Situation
The Fire Department completed a comprehensive review of its operating budget and identified several needs not funded in the FY 2025-26 adopted budget.

Staff have identified an opportunity to improve employee injury recovery and return-to-work outcomes through the use of a third-party program focused on early intervention and active case management.

These services include prompt access to medical evaluation, coordinated care management, and structured return-to-work planning. Earlier medical engagement and active case management are intended to reduce the duration of lost-time claims, limit overtime backfill costs, and mitigate longer- term workers’ compensation exposure, while supporting employees' safe and efficient return to work and improving employee morale.

Staff also identified a need to enhance wildfire response in and around Stockton by augmenting our City of Stockton Printed on 1/22/2026Page 1 of 2
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current Type 1 fire engine fleet with one (1) Type 3 wildland fire engine. Type 3 engines are specifically designed for wildland and wildland-urban interface incidents and are equipped with four- wheel drive, higher ground clearance, and a pump-and-tank configuration suitable for off-road and remote operations. This apparatus would be cross-staffed with a Type 1 engine at one of the thirteen (13) fire stations, requiring no additional staffing. In addition, this type of apparatus is routinely requested for statewide mutual aid and Cal OES deployments because it can access terrain and fire conditions that larger structural engines cannot. When deployed on qualifying Cal OES assignments, the City receives reimbursement at an established daily apparatus rental rate, plus an administrative fee, enabling cost recovery during deployments.

The review also identified ongoing recruitment, retention, and leadership development needs that the adopted budget does not fully address. These needs include strengthening supervisory capacity and improving succession planning to support long-term workforce stability. As part of the same review, staff confirmed compensation compaction between the Division Chief and Deputy Chief classifications, where salary compression over time has reduced differentiation in responsibility, complexity, and accountability. Addressing this compaction is intended to support executive retention and maintain appropriate internal alignment within the Department’s leadership structure.

FINANCIAL SUMMARY
Approval of this action will increase the FY 2025-26 Fire Department budget by $1.0 million through a carry-forward appropriation of FY 2024-25 year-end savings. These funds were previously budgeted but not expended in FY 2024-25. As a result, while the FY 2025-26 budget increases by $1.0 million, total expenditures across FY 2024-25 and FY 2025-26 are expected to remain consistent with the aggregate budget levels previously approved by the City Council.

The Department will make its best effort to apply these funds in a manner consistent with the purposes described in this report. However, to the extent specific items or initiatives cannot be executed due to availability, timing, or other implementation constraints, any remaining funds are to be considered as supportive of the department’s general operations, and may be utilized by the Fire Chief, with approval from the City Manager, in accordance with standard City policies.

This action approves an appropriation only and does not authorize any specific purchase or contract.

Any related procurements will be conducted in accordance with the City’s established procurement rules and procedures.

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95 Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION AUTHORIZING A CARRY -FORWARD APPROPRIATION OF $1.0 MILLION FROM FY 2024-25 FIRE DEPARTMENT YEAR-END SAVINGS FOR USE IN FY 2025-26
The Fire Department projects approximately $2.6 million in Fiscal Year ( FY) 2024–25 year-end savings; and
On December 16, 2025, the City Council approved Resolution No. 2025 -12-16-1211, authorizing a $600,000 carry -forward appropriation of FY 2024 –25 Fire Depa rtment salary savings to support enhanced paramedic compensation as part of a recruitment and retention strategy; and
The Fire Department has identified additional operational, equipment, and workforce development needs that cannot be accommodated within t he FY 2025 –26 adopted budget; and
Staff is requesting authorization to carry forward an additional $1,000,000 of remaining FY 2024–25 Fire Department year-end savings for use in FY 2025 –26 to support these identified needs; now, therefore,

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

1. The City Council approves a carry -forward appropriation in the amount of $1,000,000 from FY 2024–25 Fire Department year-end savings for use in FY 2025–26.

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

PASSED, APPROVED, and ADOPTED January 27, 2026 .

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:

KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
96 City of Stockton
Legislation Text
File #: 26-0038, Version: 1

APPROVE RESOLUTION TO ESTABLISH A NEW SPECIFICATION OF SENIOR GRAFFITI

ABATEMENT TECHNICIAN AND APPROVE THE PROPOSED SALARY RANGE

RECOMMENDATION
It is recommended that the City Council adopt a resolution establishing a new classified/represented position of Senior Graffiti Abatement Technician for the Stockton Police Department and assign the salary range.

Summary
City Council is being asked to establish the proposed new Senior Graffiti Abatement Technician classification and salary range. Establishing a new Senior Graffiti Abatement Technician position will provide the lead support and expertise necessary in the efficient execution and operation of the graffiti abatement program. The Stockton Police Department plans to fill and fund the proposed position during Fiscal Year 2025-26 by reclassifying an allocated Graffiti Abatement Technician position.

DISCUSSION
Background
The Stockton Police Department requested Human Resources create a new Senior Graffiti Abatement Technician classification. Based on the department’s initial request, HR staff reviewed the current Graffiti Abatement Technician classification and determined that the best course of action would be to amend the current classification and add a senior-level Technician to create a class series (Attachment A). An external market study was conducted to identify an appropriate salary plan, and an equity analysis was performed to assess potential compaction.

Present Situation
In the past year alone, the graffiti abatement team has removed nearly 450,000 square feet of graffiti, a testament to their dedication and the program’s effectiveness. The increased efficiency and effectiveness resulting from these enhanced responsibilities have created a need for a senior level classification that accurately reflects the advanced skill set, leadership, and experience required for this role.

The most senior Graffiti Abatement Technician is currently receiving special assignment pay for performing a range of duties that go beyond the standard scope of work represented in the current Graffiti Abatement Technician classification specification. These duties include oversight of the graffiti abatement crew, coordination of the daily operations, scheduling, assigning tasks, ensuring adequate City of Stockton Printed on 1/22/2026Page 1 of 2
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97 File #: 26-0038, Version: 1
coverage, and addressing any operational issues that may arise.

The Senior Graffiti Abatement Technician job classification is necessary to perform these duties along with training new employees in best practices and safety procedures, ensuring the crew is well- equipped to perform their duties effectively and safely.

Classification
The proposed Graffiti Abatement Technician/Senior Graffiti Abatement Technician classification will be amended to include a senior-level Technician. This classification series will continue to reside within the Neighborhood Services Section of the Stockton Police Department and remain included in the Civil Service system, non-exempt under the Fair Labor Standards Act, and represented by the Operating Engineers Local Union No. 3 - Trades & Maintenance bargaining unit.

Salary
Human Resources staff completed an external market survey as well as an internal equity analysis.

Based on analysis of the information collected, staff recommend the following salary range:
*Classification does not currently exist on the salary schedule FY 2025-26 BASE ANNUAL SALARY BY STEP
Job
Classification
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7
Graffiti
Abatement
Technician
(Current)
$57,545.94 $60,503.44 $63,613.71 $66,882.93 $70,321.23 $73,922.69 $77,735.75 Senior Graffiti
Abatement
Technician*
(Proposed)
$73,577.57 $77,359.51 $81,335.88 $85,516.57 $89,912.04

FINANCIAL SUMMARY
The table below reflects the FY2025-26 annual salary and benefit cost of the proposed Senior Graffiti Abatement Technician classification at each step.

FY 2025-26 TOTAL POSITION EXPENSE BY STEP
Job
Classification
Step 1 Step 2 Step 3 Step 4 Step 5
Senior Graffiti
Abatement
Technician*
$126,186.64 $131,812.27 $137,727.12 $143,945.90 $150,484.16 *Classification does not currently exist on the salary schedule Attachment A - Class Spec - Redlines - Graffiti Abatement Technician City of Stockton Printed on 1/22/2026Page 2 of 2
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98 Retitled: Unknown
Resolution: Unknown
Spec Adopted: 09/20/2001
Resolution: CS01-098
Spec Amended: 09/07/2006
Resolution: CS06-096
Spec Amended: 01/15/2009
Resolution: CS09-009
Spec Amended:

To CSC:

CS
Status: Classified
Unit: T & M
FLSA Status: Non-Exempt
Formerly Maintenance Worker III
City of Stockton

GRAFFITI ABATEMENT TECHNICIAN/

SENIOR GRAFFITI ABATEMENT TECHNICIAN

DEFINITION
Under general supervisio
n, performs both routine and skilled heavy, physical work in the various methods of graffiti abatement, to include painting, spraying and utilizing water blasting equipment; and performs related work as assigned.

CLASS CHARACTERISTICS

The Graffiti Abatement Technician is the
journey level class in the Graffiti Abatement Technician series. Incumbents performs a variety of duties utilizing speci alized paint spraying and water blasting equipment. May also perform chemical removal of graffiti, the handling and transportation of petroleum based hazardous material and may supervise volunteers or non Citynon-City workers performing graffiti abatement.

Senior Graffiti Abatement Techni
cian is the lead class in the Graffiti Abatement Technician series.

Incumbents serve as lead experts in graffiti removal, managing the most complex cases and guiding junior staff. Their re sponsibilities include crew oversight, training, equipment management, and independently managing projects. They are also crucial points of contact between the abatement team, the community, and other city depart ments, ensuring all safety protocols are followed and equipment is troubleshot effectively.

PRINCIPAL DUTIES (Illust
rative Only)
Duties may include, but are not limited to, the following:

All Levels

1. Independently and proactively responds to reque sts for gr affiti removal from citizens and/or
other departments.

2. Contacts owner, manager, or tenants of propert y to explain the graffiti abatement program. (i.e., City ordinance concerning 10-day notice and reinspection, fines and responsibilities of property owners.)

3. Checks Land Master File for information rega rding property owner a nd obtains consent for removal of graffiti from residential and/or commercial properties.

4. Trouble shoots and performs repair, maintenance and calibration of paint equipment.

5. Removes graffiti by washing, water blasting, pa inting, or other methods, including using graffiti removal chemicals.

6. Mixes paints and matches colors.

7. Tapes, tints, primes and/or texturizes walls and other surfaces in preparation for brush or spray painting.

Attachment

ATTACHMENT A
99 City of Stockton

GRAFFITI ABATEMENT TECHNICIAN/SENIOR GRAFFITI ABATEMENT TECHNICIAN

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8. Photographs the scene of graffiti and documents the location.

9. Operates power washer, airless paint sprayer and paint trucks.

10. Handles and transports petroleum based hazardous mate rial to temporary HAZMAT storage sites after identification and testing by the City Fire Department.

11. Observes safe work methods and safety prac tices related to the work; cones and flags work sites to secure from traffic; uses appropriate safety equipment.

12. Inspects vehicles and performs minor maintenance; reports the need for major repairs and service; fuels and lubricates vehicles a nd related equipment; washes and cleans assigned vehicles.

13. Operates assigned vehicles skillfully and safely; observes safe driving practices.

14. Operates and maintains a wide variety of hand and power tools and equipment related to work assignments.

15. Maintains basic records of daily work performed.

16. May train and direct the work of others; may act in a lead capacity on specific jobs.

17. Responds to emergency situations in off-hours as required.

If assigned to Senior Graffiti Abatement Technician
 Provides lead oversight of a gr affiti abatement work crew of technicians, volunteers, and/or non-City workers; trains new crew members on best practices and safety procedures.  Coordinates daily operations, to include scheduling and assigni ng tasks, ensuring adequate coverage, and addressing operational issues that may arise.  Oversees the administrative and technical processes of the graffiti abatement unit, which includes managing and auditing timesheet records, maintaining inventory, procuring supplies, and organizing the storage and maintenance of graffiti abatement equipment and chemicals.  Serves as point-of-contact between the graffiti abatement team and the community and other city departments, facilitating communication and collaboration among various stakeholders.

MINIMUM

QUALIFICATIONS
Knowledge of:
 Techniques, materials, tools, a nd eq
uipment used in the mainte nance and repair of streets, waste collection, and street cleaning work;
 Operation and maintenance of a wide variety of hand and power tools and equipment common to the field;
 Safe work methods and safety regulations pertaining to the work; and  Principles and practices of handling and transporting hazardous materials used in graffiti removal.

Skill in:

Attachment

ATTACHMENT A
100
City of Stockton

GRAFFITI ABATEMENT TECHNICIAN/SENIOR GRAFFITI ABATEMENT TECHNICIAN

Page 3 of 4 ends
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 Operating and maintaining a variety of hand and power tools and equipment used in the work;  Understanding and following oral and written instructions;  Properly placing cones, barricades, and warning devices and directing traffic flow at job sites;  Performing heavy physical labor;
 Graffiti removal using water blasting and other graffiti removal methods, including chemical removal; safely handling, transp orting, and storing of chemical graffiti removers which may contain strong solvents, alkaline solutions, and various volatile organic compounds;  Driving trucks under 26,000 pounds GVW and/or driving a pickup truck with graffiti removal trailer; and
 Exercising independent judgment and initiative without close supervision.

Education/Experience:

Possession of a high school diploma or GED.

Experience:

Graffiti Abatement Technician: Two (2) years of experience operating the graffiti trailer painting equipment or water blasting equipment.

Senior Abatement Technician: Th ree years of work experience in municipal or county graffiti abatement which has included at l east two years at a level equivalent to the Graffiti Abatement Technician class with the City of Stockton. Lead or supervisory experience is highly desirable.

Other Requirements:

 Must possess a valid Class C California driver license.  Must possess sufficient strength and stamina to lift and carry objects weighing up to 100 pounds and to perform sustained heavy physical labor.
 Must be willing to work out of doors in all weather conditions, to work with exposure to traffic and to work overtime and off-hours shifts in emergency situations.

Knowledge of:

 Techniques, materials, tools, and equipment used in the maintenance and repair of streets, waste collection, and street cleaning work;
 Operation and maintenance of a wide variety of hand and power tools and equipment common to the field;
 Safe work methods and safety regulations pertaining to the work;  Handling and transportation of petroleum based hazardous materials.

Skill in:

Attachment

ATTACHMENT A
101
City of Stockton

GRAFFITI ABATEMENT TECHNICIAN/SENIOR GRAFFITI ABATEMENT TECHNICIAN

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 Operating a nd maintaining a variety of hand and power tools and equipment used in the work;  Understanding and following oral an d written instructions;  Properly placing cones, barricades, and warning devices and directing traffic flow at job sites;  Performing heavy physical labor;
 Graffiti removal using water blasting and other graffiti removal methods, including chemical removal;
 Driving trucks under 26,000 pounds GVW and/or driv ing a pickup truck with graffiti removal trailer;
 Exercising independent judgment and initiative without close supervision.

Physical/Me
ntal Abilities:
 Mobility - F
requent and sustained performance of heavy physical labor; frequent standing for long period of time; frequent walking, bending, and squatting;  Lifting/Carrying - Frequent lifting and carrying up to 100 pounds;  Vision - Constant use of overall visual cap abilities; frequent need for use of hand/eye coordination, reading and/or close up work; abil ity to read information digitally on a visual display terminal;
 Dexterity - Frequent grasping, holding, pushing, pulling, reaching, and repetitive motion;  Hearing/Talking - Frequent hear ing and talking in person. May be required to wear ear protection or hear in noisy conditions;
 Mental – Ability to comprehe nd and communicate oral and writt en instructions; ability to follow basic instructions and guidelines; ability to complete routine forms and basic reports;  Emotional/Psychological - Frequent coworker , customer, and public contact; occasional working alone;
 Environmental Conditions - Frequent exposure to loud noise; moderate risk of exposure to chemicals, fumes, haza rdous materials, gases; frequent work outdoors in hot and cold temperatures and inclement weather;
 Working Conditions - Must be willing to work outdoors in all weather conditions, from varying heights, across uneven terrain, and with exposure to traffic; and  Special Requirements - Primarily work day shifts; constantly driving to various locations; shift, weekend, holiday, overtime as required, and off-hours in emergency situations.

This class specification should not be interpreted as all inclusive. It is intended to identify the

essential functions and requirement of this job. Incumbents ma y be requested to perform job- related responsibilities and tasks other than those stated in this specification. Any essential function or requirement of this class will be evaluated as necessary should an incumbent/applicant be unable to perform the function or requirement due to a disability as de fined by the American with Disabilities Act (ADA). Reasonable accommoda tion for the specific disability will be made for the incumbent/applicant when possible.

Attachment

ATTACHMENT A
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GRAFFITI ABATEMENT TECHNICIAN/SENIOR GRAFFITI ABATEMENT TECHNICIAN

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APPROVED:

____________________________________
DIANNA R. GARCIAROSEMARY RIVAS

DIRECTOR OF HUMAN RESOURCES

DATE:______________________________
______

Attachment

ATTACHMENT A
103
Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION TO CREATE A NEW CLASSIFIED/REPRESENTED CLASS

SPECIFICATION OF SENIOR GRAFFITI ABATEMENT TECHNICIAN FOR THE

POLICE DEPARTMENT AND APPROVE THE PROPOSED SALARY RANGE

It is necessary to establish a new classification of Senior Graffiti Abatement Technician to provide lead oversight of the Police Department’s graffiti abatement program; now, therefore,

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

1. The new classified/represented class specification is hereby created with the salary approved as follows:

2. The Director of Human Resources is hereby directed to prepare the appropriate class specification in accordance with section 2.36.080 of the Stockton Municipal Code.

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

PASSED, APPROVED, and ADOPTED January 27, 2026 .

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:

KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
JOB CLASS FY2025-26 ANNUAL BASE SALARY BY STEP
Step 1 Step 2 Step 3 Step 4 Step 5
Senior Graffiti Abatement
Technician $73,577.57 $77,359.51 $81,335.88 $85,516.57 $89,912.04 104
City of Stockton
Legislation Text
File #: 25-1358, Version: 1

APPROVE RESOLUTION TO ESTABLISH NEW CLASSIFICATION SPECIFICATIONS OF

EMERGENCY COMMUNICATIONS MANAGER AND FIRE SERVICES ADMINISTRATOR FOR

THE STOCKTON FIRE DEPARTMENT AND APPROVE THE PROPOSED SALARY RANGES

RECOMMENDATION
It is recommended that the City Council adopt a resolution establishing new classified classification specifications of Emergency Communications Manager and Fire Services Administrator for the Stockton Fire Department and approve the proposed salary ranges.

Summary
The City Council is being asked to establish the proposed new single-incumbent civilian classifications entitled Emergency Communications Manager and Fire Services Administrator and the proposed salary ranges.

DISCUSSION
Background
The Stockton Fire Department requested two new civilian classifications be created as a necessary step towards the reorganization of the Department’s management structure. Currently, there is a wide range of administrative and technical responsibilities assigned to sworn command staff. As emergency service delivery expands, the proposed civilian classifications will serve as integral administrative and technical leadership that will relieve the sworn command staff and allow them to appropriately focus on operational command, emergency readiness, personnel leadership, and core responsibilities essential to public safety. This structure creates a clear and sustainable management framework for the Fire Department to meet regional public safety demands.

Classifications:

The proposed Emergency Communications Manager classification (Attachment A) is a single, non- sworn management position that will reside within the Fire Department’s Emergency Communications Division. The Emergency Communications Manager will plan, organize, and direct the programs and operations of the regional 24-hour Fire and EMS emergency communications center serving multiple jurisdictions, including the design, deployment, and maintenance of all communication equipment and systems. If approved, this classification will be included in the Civil Service system and placed in the Mid-Management Level bargaining unit. In addition, this classification will be exempt under the Fair Labor Standards Act.

The proposed Fire Services Administrator classification (Attachment B) is a single, non-sworn bureau -management position with oversight of the Stockton Fire Department’s Administrative Bureau. The City of Stockton Printed on 1/22/2026Page 1 of 2
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File #: 25-1358, Version: 1
Fire Services Administrator will be responsible for the Fire Department’s budget, finance, developing goals and objectives, administering the annual budget, grants, and managing the day-to-day operations and administrative staff within the Administrative Bureau. This is the highest civilian level classification within the Fire Department, providing direct assistance to the Fire Chief in the oversight and maintenance of budget controls. If approved, this classification will be included in the Civil Service system and will be Unrepresented - Middle Management. In addition, this classification will be exempt under the Fair Labor Standards Act.

Salary Ranges: Staff recommends the following annual salary plans by step:
*Classification does not currently exist on the salary schedule

FINANCIAL SUMMARY
The table below reflects the FY 2025-26 annual salary and benefit costs of the proposed new classifications. The additional costs generated by these new classifications will be funded through the existing FY2025-26 Fire Departments Budget.
*Classification does not currently exist on the salary schedule Attachment A - Class Spec - Emergency Communications Manager Attachment B - Class Spec - Fire Services Administrator City of Stockton Printed on 1/22/2026Page 2 of 2
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EMERGENCY COMMUNICATIONS MANAGER

DEFINITION
Under general direction, the Emergency Communications Manager plans, organizes, and directs the programs and operations of the regional 24-hour Fire and Emergency Medical Services (EMS) emergency communications center serving multiple jurisdictions; designs, deploys and maintains all communication equipment/systems, and public safety information system; ensures compliance with applicable federal, state, and local laws, codes, and policies; supervises Division staff; advises the Fire Chief and command staff on telecommunications issues; and performs related duties as assigned.

CLASS CHARACTERISTICS
This single position (non -sworn) management classification in the Stockton Fire Department is responsible for managing staff and activities within the Emergency Communications Division of the Special Services Bureau. The Division functions as a regional dispatch center providing Fire and EMS call -taking, dispatch, and communications services to partner agencies throughout the region. This position has extensive contact with Fire managers and staff, other City employee s, various public and private organizati ons, regional public safety partners, and the general public.

General direction is provided by a Deputy Chief. Assignments allow for a high degree of administrative decision making when representing the department in meetings with other agencies, boards and commissions, and community groups.

PRINCIPAL DUTIES (Illustrative Only)
Duties may include, but are not limited to, the following:
• Plans, organizes, staffs, directs, and controls the activities of the Emergency Communications Division; establishes priorities and work plans; recommends appropriate service and staffing levels.
• Oversees the development and implementation of division goals, objectives, policies, and procedures; conducts a variety of organizational and operational analyses; recommends modifications to telecommunications operations, policies, and procedures; develop s and oversees the implementation of strategies to improve the efficiency and effectiveness of division operations.
• Oversees the Fire Department’s radio communications program, including system planning, maintenance coordination, interoperability, and lifecycle replacement in collaboration with Information Technology and regional partners.
• Coordinates multi -jurisdictional communications interoperability and ensures consistent service delivery standards across all participating regional Fire and EMS agencies. • Manages, develops, recommends, and oversees the preparation and administration of the division budget.
• Selects, assigns, trains, and evaluates subordinate staff; provides professional and technical guidance to staff; works with employees to correct deficiencies; recommends and implements Established: 12/16/2025
Resolution: CC25-
Spec Adopted:

To CSC:

Unit: Mid-Management “B”
FLSA Status: Exempt
CS Status: Classified

ATTACHMENT A
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EMERGENCY COMMUNICATIONS MANAGER

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disciplinary procedures.
• Makes decisions on behalf of the Division in the absence of the Deputy Chief in accordance with departmental policies, rules, regulations, and procedures. • Responds to emergency situations which may arise in the communications center during off - duty hours.
• Maintains awareness of applicable legislation and assures division compliance with laws, regulations, and codes relevant to the Emergency Communications Division; informs and educates staff regarding changes.
• Serves as a liaison for the division with internal and external groups; receives and responds to citizen inquiries and complaints; coordinates the activities of the Emergency Communications Division with other divisions, departments, and agencies. • Represents the regional dispatch center in meetings with contracting agencies, mutual -aid partners, and regional governance bodies.
• Represents the telecommunications center to local and national groups; attends and participates in various meetings, classes, conferences and workshops. • Directs and/or participates in the preparation of complex statistical and narrative reports, correspondence, and other documents; makes or assigns presentations to individuals and/or groups as requested.
• Administers, evaluates, and recommends the implementation of new technology related to public safety communications.
• Represents the City with dignity, integrity, and the spirit of cooperation in all relations with staff and the public.
• Fosters an environment that embraces integrity, service, inclusion and collaboration. • Builds and maintains positive working relationships with co -workers, other City employees and the public using principles of good customer service. • Performs related duties as assigned.

QUALIFICATIONS

Knowledge of:

• Principles and practices of employee supervision, including selection, training, evaluation and discipline;
• Principles and practices of public administration including personnel and program management and budgeting;
• Modern methods and procedures involved in the operation of complex public safety dispatching computer, radio, and telephone systems, including tactical communications and/or strategies when working large scale incidents;
• Principles and practices of regional dispatch governance, inter -agency agreements, and cooperative service delivery models for Fire and EMS communications; • System status management (SSM) principles and practices for ambulance deployment, including real-time resource allocation and coverage optimization; • International Academies of Emergency Dispatch (IAED) Emergency Medical Dispatch (EMD) and EMD -Q protocols, standards, and quality assurance procedures used to ensure

ATTACHMENT A
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EMERGENCY COMMUNICATIONS MANAGER

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consistent call triage, pre-arrival instructions, and medical prioritization; • Principles and practices of work -load forecasting and staffing models in an extended -hours environment;
• Public safety records management systems; principles and practices of record keeping; • Policies, procedures, and operational precedents governing the dispatching of fire, rescue, and emergency medical resources; standard radio communications protocols and FCC regulations; National Fire Protection Association (NFPA) standards; California EMS Authority (EMSA) and Local EMS Agency (LEMSA) policies and procedures; San Joaquin County EMS Agency (SJCEMSA) communication and accreditation requirements; National Emergency Number Association (NENA) and Association of Public -Safety Communications Offici als (APCO) standards; Cal OES Fire & Rescue mutual -aid coordination systems; Computer -Aided Dispatch (CAD) and Mobile Data Computer (MDC) systems; and related information technology, software applications, and public-safety communications systems; • Office procedures, methods and equipment including computers, and applicable software applications, such as word processing, spreadsheets, and databases; and • Occupational hazards and standard safety practices.

Skill in:
• Managing the operations and activities of a public safety communications center; • Evaluating and presenting communications center needs; • Directing the appropriate response to emergency situations as they arise; • Supervising, planning, organizing, assigning, directing, reviewing and evaluating the work of assigned staff;
• Analyzing complex technical problems, evaluating alternatives and making sound, independent judgments within established guidelines;
• Developing, implementing and interpreting goals, objectives, policies, procedures, work standards and internal controls; guiding and defining both communications operations and employee performance through the use of work plans;
• Preparing clear, concise and competent analytical and technical reports, correspondence and other written materials;
• Using computer applications and technology effectively to complete assigned work in a timely manner;
• Establishing and maintaining effective working relationships with those contacted in the course of the work;
• Conducting presentations before the public, City Council, boards, commissions and other bodies;
• Reading, interpreting, applying and explaining applicable codes, ordinances, laws, regulations, policies, procedures, and legal requirements;
• Utilizing appropriate personal protective equipment, safety procedures and practices for assigned duties;
• Contributing effectively to the accomplishments of City goals, objectives and activities; • Organizing work, setting priorities, and exercising sound, independent judgment within established guidelines;

ATTACHMENT A
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• Understanding customers’ perspective, concerns, needs and requests; and • Being professional and keeping calm during hostile interactions.

Education:

Possession of a Bachelor's degree from an accredited college or university. A Master’s degree is highly desirable.

Experience:

Five (5) years of increasingly responsible experience in public safety communications, including at least three (3) years in a supervisory capacity, two (2) of which must have been at a level equivalent to a Fire Telecommunications Supervisor with direct Fire and EMS dispatching experience.

Other Requirements:
• Specialized training and/or certification may be required depending on assignment as prescribed by local, state, and/or federal law or regulation. • As a condition of continued employment, employees assigned to specific areas may be required to obtain and maintain specific valid certifications or training as required by the Fire Chief.

Physical/Mental Abilities:
• Mobility - Frequent sitting for long periods of time while operating a keyboard; occasional walking, squatting, climbing stairs, kneeling, twisting, and crawling; • Lifting - Occasional lifting and carrying of up to 25 pounds or less; • Vision - Constant use of overall visual capabilities; ability to read and produce printed material and information displayed on a visual display terminal; • Dexterity – Constant use of dominate hand with repetitive use, simple grasping using either hand; occasional holding, pushing, pulling, and reaching above and below shoulder level; • Hearing/Talking – Continuous listening to and talking of normal speech, frequently over noise, in person, by telephone, and in group settings;
• Special Requirements – Primarily work day shifts, frequently work evenings and nights, and occasionally work weekends; may be required to report to work during high level emergencies;
• Emotional/Psychological – Ability to concentrate, make decisions, and work with the public; exposure to unpleasant living conditions/situations involving children and the elderly; occasional encounters with irate/disturbed individuals; ability to exercise sound judgment, especially under stressful situations; and working independently and/or in group settings; • Environmental Conditions - Occasional to moderate exposure to noise, obnoxious odors, fumes, dust, extreme heat/cold, hazardous materials/substances; work around equipment and machinery; and
• Working Conditions - Primarily performed in an office environment which is moderately quiet but may be loud at times and at some locations.

ATTACHMENT A
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EMERGENCY COMMUNICATIONS MANAGER

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This class specification should not be interpreted as all inclusive. It is intended to identify the essential functions and requirement of this job. Incumbents may be requested to perform job - related responsibilities and tasks other than those stated in th is specification. Any essential function or requirement of this class will be evaluated as necessary should an incumbent/applicant be unable to perform the function or requirement due to a disability as defined by the American with Disabilities Act (ADA). Reasonable accommodation for the specific disability will be made for the incumbent/applicant when possible.

APPROVED:

____________________________________

ROSEMARY RIVAS

DIRECTOR OF HUMAN RESOURCES

DATE:

ATTACHMENT A
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City of Stockton

FIRE SERVICES ADMINISTRATOR

DEFINITION
Under administrative direction, plans, organizes, and directs, through subordinate supervisors, the Administrative Bureau of the Stockton Fire Department ; assists the Fire Chief in the oversight, protection, and maintenance of budget controls ; performs complex accounting functions, and critical and sensitive administrative, systems, statistical, and other management analyses in support of activities and functions in the Fire Department; assists in the development and implementation of policies and procedures; and performs related work as assigned.

CLASS CHARACTERISTICS
This single-position classification is assigned to the Administration Bureau of the Fire Department.

The incumbent is responsible for the Fire Department’s budget, finance, and assigned administrative staff; developing and implementing departmental goals a nd objectives; administering the annual operating and capital budgets and grant funding; and managing the day- to-day activities of the Administrative Bureau. The position also provides administrative and financial leadership for the Department’s regional r esponsibilities, including multi-jurisdictional fire protection arrangements, regional emergency dispatch operations, and participation in the countywide emergency medical services system and the CENCAL Fire & EMS Authority.

Assignments allow for a high degree of administrative decision making when representing the Department in meetings wi th other agencies, boards and commissions, and community groups.

This is the highest civilian-level classification in the Fire Department.

PRINCIPAL DUTIES (Illustrative Only)
Duties may include, but are not limited to, the following:
• Develops and directs the implementation of goals, objectives, policies, procedures, and work standards for the Administration Bureau of the Fire Department ; develops and implements management systems, procedures, and standards for program evaluation ; plans, organizes, coordinates, administers, directs, and evaluates assigned staff and the work of the bureau. • Plans, delegates, and oversees the execution of assigned programs and activities; monitors progress and developments, evaluates their impact, and implements policy and procedure improvements.
• Oversees and is responsible for the Fire Department’s financial operations and administrative management support functions; provides administrative, analytical, and financial leadership to the CENCAL Fire & EMS Authority, including JPA budget development, revenue forecasting, cost allocation methodologies, multi -year planning, and compliance with Authority policies and procedures ; ensures continuity and flexibility of administrative, fiscal, and analytical oversight as regional fire, EMS, and dispatch system structures evolve over time. • Manages the administrative and financial components of Stockton Fire’s regional service responsibilities, including contracted fire protection for the Eastside, Lincoln, Tuxedo-Country Club, and Boggs Tract Fire Districts, and regional Fire and EMS dispatch services for the City Established: 12/16/2025
Resolution: CC25-
Spec Adopted:

Resolution:

Unit: Unrepresented/MV
Employment Status: At-Will
FLSA Status: Exempt
CS Status: Classified

ATTACHMENT B
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FIRE SERVICES ADMINISTRATOR

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of Lodi, City of Manteca, the Lathrop-Manteca Fire District, and the South San Joaquin County Fire Authority. Provides administrative and financial leadership for the City’s participation in the CENCAL Fire & EMS Authority, a joint powers authority holding exclusive emergency ambulance transport rights for Zones X and Y ( covering Stockton, Lodi, Tracy, Mountain House, and surrounding areas) and exclusive ambulance dispatch rights for all of San Joaquin County, and oversees related responsibilities tied to C ENCAL’s public -private partnership with American Medical Response (AMR). Also c oordinates administrative and financial activities as needed with the San Joaquin County Emergency Medical Services Authority, the County’s designated Local EMS Agency (LEMSA) under California Health & Safety Code §1797.200.
• Develops, negotiates, and manages regional service agreements, joint powers arrangements, MOUs, and cost-sharing frameworks with fire districts, dispatch partners, ambulance system stakeholders, and other public safety agencies.
• Oversees Stockton Fire’s administrative and fiscal responsibilities within CENCAL’s countywide ambulance transport system, including evaluation of financial impacts associated with deployment strategies, regulatory requirements, and system-level performance metrics. • Manages administrative components of ambulance transport reimbursement programs, including PP-GEMT cost reporting, intergovernmental transfers, reconciliation processes, and coordination with California Department of Healthcare Services (DHCS), Centers for Medicare and Medicaid Services (CMS).
• Identifies problems, determines analytical approach, obtains and analyzes necessary information, evaluates alternative courses of action and makes recommendations regarding such areas as organizational structure, staffing, facilities, equipment, cost analy sis, productivity, and policy or procedure modifications ; advises Fire Chief on policy considerations involving financing or having financial impact, related to grants, lobbyist work, funding priorities, Council priorities and department initiatives. • Conducts regional financial and operational analyses involving call volume trends, workload distribution, system performance, and long -range planning across multiple jurisdictions ; prepares reports of study conclusions; develops implementation plans and assists in implementing policy and procedural modifications.
• Interprets departmental and City policies and procedures for staff; ensures compliance of bureau activities to pertinent codes, regulations, and guidelines ; m onitors and interprets federal, state, and local legislative and regulatory developments affecting regional fire protection, EMS delivery, ambulance reimbursement, 9 -1-1 dispatch operations, and system governance; advises departmental leadership on required actions and strategic impacts. • Maintains liaison with representatives of the various City departments; serves as administrative liaison between Stockton Fire and regional partners, including CENCAL leadership, LEMSA/county officials, contracted ambulance billing providers, dispatch partners, and fire protection districts.
• Represents the Fire Department in regional committees, governance bodies, and planning groups that oversee fire protection, EMS, dispatch operations, and coordinated multi -agency initiatives; confers with representatives of other governmental agencies, community groups, boards and commissions, vendors, and others.
• Analyzes current and historical trends, determines variances and recommends improved cost effectiveness; prepares requests for grant funds and directs the maintenance of appropriate

ATTACHMENT B
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records.
• Makes presentations of the department financial status and operations; prepares technical reports, correspondence, and other written materials.
• Represents the City with dignity, integrity, and the spirit of cooperation in all relations with staff and the public.
• Fosters an environment that embraces integrity, service, inclusion and collaboration. • Builds and maintains positive working relationships with co -workers, other City employees and the public using principles of good customer service. • Performs related duties as assigned.

QUALIFICATIONS
Knowledge of:
• Principles, practices, and methods of administration, organizational, economic, and procedural analysis;
• Public administration and management principles and practices, including organization, structure, and functions of a municipal government; administrative and regulatory requirements governing intergovernmental transfers (IGTs), reconciliation processes, and state and federal reimbursement cycles.
• Principles of interagency financial management, cost allocation methodologies, and proportional funding models used across multiple jurisdictions and partner agencies; budgetary and financial record keeping principles and practices; • Organizational planning techniques, including staffing, goals, objectives, and work standards development;
• Regional Fire and EMS system structures, including fire protection districts, multi-agency dispatch centers, and countywide EMS system governance models; • EMS reimbursement systems and payment methodologies, including Medicare, Medi-Cal, commercial insurance, private-pay billing, and supplemental funding programs such as Public Provider Ground Emergency Medical Transportation (PP-GEMT). • Fire, EMS, and emergency communications laws and regulations, including local LEMSA protocols; NFPA codes and standards; related local, state, and federal legislative mandates and regulatory processes that govern and influence fire protection, emergency medical response and delivery of services , dispatch operations , ambulance transport financing , and regional system compliance;
• Business computer user applications, particularly as related to statistical analysis techniques and formulae; and
• Effective written and verbal presentation skills.

Skill in:
• Developing and implementing goals, objectives, policies, procedures, work standards, and supervisory controls;
• Managing and evaluating complex administrative, financial, and operational systems that involve multiple jurisdictions, partner agencies, and regional governance structures;

ATTACHMENT B
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• Planning, organizing, directing, coordinating, and evaluating the work of the Administration Bureau through subordinate supervisors; selecting, motivating, and disciplining staff and providing for their training and professional development; • Planning, organizing , and directing a wide variety of financial and budgetary activities; administering EMS reimbursement and supplemental payment programs, including PP-GEMT cost reporting, intergovernmental transfer coordination, financial reconciliation, and compliance oversight;
• Representing the City effectively in meeting with governmental agencies, community groups, boards and commissions, and the public ; facilitating collaboration and consensus -building among regional fire agencies, county officials, EMS system administrators, dispatch partners, and contracted service providers in a multi-jurisdictional environment; • Collecting, evaluating, and interpreting varied information and data to provide recommendations for improvements; analyzing complex and sensitive administrative, operational, economic, political, and organizational problems; evaluating alternative solutions, and reaching sound conclusions;
• Communicating complex regional financial analyses, operational findings, and policy considerations clearly and effectively to elected officials, joint powe rs boards, executive leadership, and regional public safety partners;
• Interpreting and applying laws, regulations, policies, and procedures; assessing the impact of emerging legislation, regulatory changes, and funding mandates on regional fire, EMS, ambulance transport, and dispatch operations, and incorporating those requirements into departmental plans and policies;
• Coordinating multiple projects and meeting critical deadlines; • Exercising sound independent judgment within established guidelines; and • Preparing clear, concise, and complete reports and other written materials.

Education:

Possession of a Bachelor’s degree from an accredited college or university. A Master’s degree in business administration or public administration is highly preferred.

Experience:

Five years of increasingly responsible administrative or financial management experience, including at least three years in a civilian supervisory or management capacity within a fire service, emergency communications, or emergency medical services (EMS) environment. Possession of the Fire & Emergency Services Analyst (FESA) credential is highly desirable.

Other Requirements:

As a condition of continued employment, the incumbent shall successfully enroll in and complete the following professional development programs within twenty-four (24) months of appointment:

• Ambulance Business Academy, offered by the California Fire Chiefs Association.

ATTACHMENT B
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• Civilian Leadership Institute (CLI), or an equivalent leadership development program designed for non-sworn public safety administrators as approved by the Fire Chief.

Within the same twenty-four (24) month period, the incumbent shall also successfully obtain the following professional credential:

• Fire and Emergency Services Analyst (FESA) Credential, issued by the Center for Public Safety Excellence (CPSE).

In addition, the incumbent may be required to complete further training at the direction of the Fire Chief, which may include, but is not limited to:

• Cal Chiefs Administrative Fire Services Section training, relevant to Fire Department business operations, EMS administration, budgeting, or regulatory compliance. • National Fire Protection Association (NFPA ) training or coursework appropriate to the position’s duties, professional development needs, or emerging industry requirements. • National Fire Academy (NFA) courses, including administrative, leadership, financial management, or EMS system –related training appropriate to the position’s regional responsibilities and professional development needs.

Physical/Mental Abilities:

• Mobility - Frequent sitting for long periods of time while operating a keyboard; occasional standing and walking;
• Lifting - Occasional lifting of 10 pounds or less;
• Vision - Constant use of overall visual capabilities; ability to read and produce printed material and information displayed on a visual display terminal; • Dexterity - Frequent holding, grasping, repetitive motion and writing; • Hearing/Talking - Constant hearing and talking of normal speech, frequently over noise, in person, by telephone, and in group settings;
• Special Requirements - May require weekend or evening work; may need to respond to emergency situations;
• Emotional/Psychological - Constant concentration; frequent public contact; occasional to moderate working alone;
• Environmental Conditions - Occasional to frequent exposure to noise, outdoor conditions; • Working Conditions - Typically moderately quiet, but may be loud at times; and • Mental - Ability to understand, remember and apply oral and/or written instructions or other information; ability to make informal presentations, inside and/or outside the organization; ability to speak before groups.

This class specification should not be interpreted as all inclusive. It is intended to identify the essential functions and requirement of this job. Incumbents may be requested to perform job - related responsibilities and tasks other than those stated in this specification. Any essential function or requirement of this class will be evaluated as necessary should an incumbent/applicant

ATTACHMENT B
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be unable to perform the function or requirement due to a disability as defined by the American with Disabilities Act (ADA). Reasonable accommodation for the specific disability will be made for the incumbent/applicant when possible.

APPROVED:

____________________________________

ROSEMARY RIVAS

DIRECTOR OF HUMAN RESOURCES

DATE:______________________________

ATTACHMENT B
117
Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION TO CREATE NEW CLASS SPECIFICATION S OF EMERGENCY

COMMUNICATIONS MANAGER AND FIRE SERVICES ADMINISTRATOR FOR THE

FIRE DEPARTMENT AND APPROVE THE PROPOSED SALARY RANGES

It is necessary to establish two new classifications of Emergency Communications Manager (Classified/Represented) and Fire Services Administrator (Classified/Unrepresented) to provide administrative and technical leadership in and oversight of the Fire Department’s Emergency Communications Division and the Administrative Bureau respectively; now, therefore,

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

1. The new class specifications are hereby created with the salaries approved as follows:

2. The Director of Human Resources is hereby directed to prepare the appropriate class specification in accordance with section 2.36.080 of the Stockton Municipal Code.

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

PASSED, APPROVED, and ADOPTED January 27, 2026 .

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:

KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
JOB CLASS FY2025-26 BASE ANNUAL SALARY BY STEP
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
Emergency
Communications
Manager
$127,121.64 $133,645.22 $140,501.51 $147,691.37 $155,252.12 $163,229.46 Fire Services
Administrator $164,785.00 $173,221.94 $182,096.67 $191,429.46 $201,241.56 $211,532.75 118
City of Stockton
Legislation Text
File #: 25-1423, Version: 1
ADOPT A RESOLUTION TO AUTHORIZE CONTRACT AMENDMENT NO. 5 WITH KEMIRA

WATER SOLUTIONS FOR THE PURCHASE OF FERRIC AND FERROUS CHLORIDE FOR

WASTEWATER TREATMENT

RECOMMENDATION
It is recommended that the City Council adopt a resolution to authorize Contract Amendment No. 5 with Kemira Water Solutions, Inc., of Lawrence, Kansas, for the purchase of ferric chloride and ferrous chloride for wastewater treatment in the amount of $910,000 for a total contract not-to-exceed amount of $6,369,391.

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

Summary
The Municipal Utilities Department (MUD) includes three enterprise funds including Water, Wastewater, and Stormwater Utilities. The Wastewater Utility includes a sanitary sewer collection system of approximately 900 miles of gravity sewer main, 554 miles of lower lateral pipe, 27 pump stations, and 30 miles of pressurized force main that route sewage to the Regional Wastewater Control Facility (RWCF) for treatment. The system collects sewage from properties within the City, special districts outside the City, and certain areas within San Joaquin County. The RWCF is an advanced tertiary treatment facility with a 55 million-gallon per day (MGD) capacity and is located adjacent to the San Joaquin River.

The RWCF Modifications Project replaced the trickling filter system with an activated sludge process, which is more efficient but generates more biological sludge. Elevated sludge levels result in more hydrogen sulfide gas production in the anaerobic digesters. Ferric chloride is added to lower the hydrogen sulfide gas production.

If approved, Contract Amendment No. 5 (Exhibit 1 to the Resolution) to the existing contract with Kemira Water Solutions, Inc. will add $910,000 to purchase additional ferric chloride for a total contract not-to-exceed amount of $6,369,391.

DISCUSSION
Background
Wastewater treatment requires the use of various chemicals to reduce hazardous conditions and remove specific impurities. The RWCF Modifications Project replaced the secondary wastewater treatment system from a trickling filter process to an activated sludge process. Activated sludge City of Stockton Printed on 1/22/2026Page 1 of 3
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treatment process uses aeration tanks and microorganisms to break down organic matter. This method is efficient but produces more biological sludge than a trickling filter system. Extra sludge generated must be processed in anaerobic digesters, where microorganisms break it down without oxygen. During digestion, a gas mixture is produced-commonly called digester gas-which can contain hydrogen sulfide. To protect sewer treatment infrastructure and plant personnel, treatment plants add ferric chloride, which reduces hydrogen sulfide gas formation.

The San Joaquin Valley Air Pollution Control District (SJVAPCD) regulates hydrogen sulfide in the digester gas. To meet regulatory requirements, it is necessary to purchase additional ferric chloride to control hydrogen sulfide gas production.

On March 22, 2022, by Resolution 2022-03-22-1213, the City Council authorized a $3,330,620 contract with Kemira Water Solutions, Inc. (Kemira) to purchase ferric chloride and ferrous chloride.

The contract expires on December 31, 2026.

The following is a summary of amendments to the original contract agreement:
· In October 2022, Amendment No. 1 increased compensation by $125,000 to fund an increase in the cost of chemicals. The revised contract amount totaled $3,455,620. · In March 2023, Amendment No. 2 advanced $500,000 from future funding to fiscal year 2022- 2023. The total contract amount remained unchanged at $3,455,620. · On September 26, 2023, by Resolution 2023-09-26-1203, the City Council approved Amendment No. 3 accepting a chemical cost adjustment lowering the unit price for both ferric chloride and ferrous chloride. It also increased the contract cost by $2,003,771, bringing the total to $5,459,391, due to the additional chemicals needed for the activated sludge treatment process.
· In January 2025, Amendment No. 4 accepted chemical price increases. The total contract amount remained at $5,459,391. The price changes are summarized below:

Fiscal Year Amendment # Date Added Amount Total Contract 2021-2022 1 October 2022 $125,000.00 $3,455,620.00
2022-2023 2 March 2023 $0.00 $3,455,620.00
2023-2024 3 September 2023 $2,003,771.00 $5,459,391.00
2024-2025 4 January 2025 $0.00 $5,459,391.00
Present Situation
Staff reviewed the contract and determined that additional funds are needed to purchase chemicals through June 30, 2026. Ferric chloride will be procured through the formal Bay Area Chemical Consortium bid process. Staff will request City Council approval for a new contract starting July 1, 2026.

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If approved, Amendment No. 5 will add $910,000 to the contract for these additional chemical purchases.

FINANCIAL SUMMARY
There is sufficient budget in account number 6513-000-650005-610-000-00-65-000-000-for Fiscal Year 2025-26 to purchase the necessary chemicals.

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

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Resolution No.

STOCKTON CITY COUNCIL

ADOPT A RESOLUTION AUTHORIZ ING CONTRACT AMENDMENT NO. 5 FOR $910,000

WITH KEMIRA WATER SOLUTIONS FOR THE PURCHASE OF FERRIC AND FERROUS

CHLORIDE FOR WASTEWATER TREATMENT

The Regional Wastewater Control Facility (RWCF) uses various chemicals as part of the wastewater treatment process to reduce hazardous conditions and remove specific impurities; and

Ferric chloride and ferrous chloride are used to control hydrogen sulfide gas production.

Elevated hydrogen sulfide levels can be dangerous and are regulated under a permit with the San Joaquin Valley Air Pollution Control District; and

On March 22, 2022, by Resolution 2022 -03-22-1213, the City Council authorized a $3,330,620 contract with Kemira Water Solutions, Inc. (Kemira) to purchase ferric chloride and ferrous chloride. The contract expires on December 31, 2026; and

Amendments No. 1 and No. 2 were approved under the City Manager's authority to accept annual price adjustments, increase the total compensation by $125,000, and revise the contract amount for the five-year term to $3,455,620; and

On September 26, 2023, the City Council approved Amendment No. 3 by Resolution 2023-09-26-1203. Amendment No. 3 accepted a chemical cost adjustment lowering the unit price for both ferric chloride and ferrous chloride. It also increased the contract cost by $2,003,771 because of the additional chemicals necessary in the activated sludge sewer treatment process. Amendment No. 3 also revised the total contract amount to $5,459,391; and

Amendment No. 4 was approved under the City Manager’s authority to accept annual price adjustments. The total contract amount remained at $5,459,391; and

Staff reviewed the contract and determined that additional funds are needed to purchase chemicals through June 30, 2026. Ferric chloride will be procured through the formal Bay Area Chemical Consortium bid process. Staff will request City Council approval for a new contract starting July 1, 2026; and

Staff recommend that the City Council adopt a resolution to approve Amendment No. 5 with Kemira Water Solutions, Inc. , adding $ 910,000 to the contract , and revising the total contract amount to $6,369,391; now, therefore,

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

1. Amendment No. 5 adding $910,000 to the contract with Kemira Water Solutions, Inc., for a total contract amount of $6,369,391, is hereby approved, and the City Manager is authorized and directed to execute same, a copy of which is attached as Exhibit 1 and incorporated by this reference.

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

PASSED, APPROVED, and ADOPTED January 27, 2026 .

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:

KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
123

CITY OF STOCKTON
STANDARD AGREEMENT AMENDMENT Agreement Number: Amendment Number:
422000674 5
This Amendment Number 5 to the above referenced Agreement is entered into on January 27, 2026: between the City of Stockton ("City") and Kemira Water Solutions, Inc. ("Contractor'').

RECITALS
Exhibit C General Terms and Conditions, Paragraph 7 Changes, states the City may modify the scope of services and any material extension or change in the scope shall be memorialized in a written amendment prior to the performance
of additional work; and
Exhibit C General Terms and Conditions, Paragraph 8 Amendment, states no variation of the terms of this Agreement shall be
valid unless an Amendment is made in writing and signed by both parties; and The City needs to increase the Compensation, Not to Exceed amount in Paragraph 3 of the Standard Agreement and Exhibit E, Section 1.1, by $910,000.00 to pay for the Contractor to pay for additional chemicals; and Now therefore, the City and the Contractor mutually agree as follows:

1. "The maximum not to exceed amount in Paragraph 3 of the Standard Agreement and Exhibit E, Section 1.1, is amended to: $6,369,391.00"
All other terms and conditions of the Agreement shall remain unchanged and remain in full force and effect unless modified by a written amendment signed by both parties.

IN WITNESS WHEREOF, the authorized parties have executed this Agreement.

CONTRACTOR
Kemira Water Solutions, Inc.
ame (if other than an individual, state whether a corporation, partnership, etc.):

Christina M. Imbrogno, Commercial Suppor:t Manager
Printed
Name and Title of Person Signing
4321 W 6th Street, Lawrence, KS 66049
Address
Johnny Ford, City Manager
ATTEST:

Katherine Roland, CMC, CPMC, City Clerk
APPROVED AS TO FORM:

Lori M. Asuncion, City Attorney
(Rev. 11.19.25)

CITY OF STOCKTON
11/25/2025
Date
Date
EXHIBIT 1
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City of Stockton
Legislation Text
File #: 26-0055, Version: 1
ADOPTION OF PROPOSED AMENDMENT TO CHAPTER 3.02 OF THE COUNCIL POLICY

MANUAL - CITY COUNCIL AND MAYORAL APPOINTMENTS TO COMMITTEES, BOARDS, AND

COMMISSIONS

RECOMMENDATION
This item was agendized by the Mayor pursuant to Council Policy Section 4.02.010.

It is recommended that the City Council adopt the proposed amendment to Chapter 3.02 of the Council Policy Manual regarding City Council and Mayoral Appointments to Committees, Boards, and Commissions.

Summary
Pursuant to Council Policy Section 4.02.010, on January 8, 2026, the Mayor requested an item be agendized with a recommendation for Council to adopt changes to Chapter 3.02 of the Council Policy Manual.

DISCUSSION
Background
Currently, Chapter 3.02 of the Council Policy Manual requires applicants for Committees, Boards, and Commissions to be interviewed by the Clerk’s Office and ranked by the appointing authority.

Present Situation
Chapter 3.02 was revised to remove the requirement for applicants to attend videotaped interviews and ranked voting. These changes are reflected in the redline attachment (Attachment A - Council Policy Chapter 3.02 - Redline) for Council’s consideration.

The previously established interview questions will instead be added to the written application.

Council will still retain the ability to request applicants attend the Council meeting at which they may ask the applicants questions in person.

Should there be more than one applicant for a vacancy, with the removal of ranked voting, the Councilmembers, including the Mayor, may nominate a candidate for approval. If there is more than one seat and they have different term lengths, the nomination should also include to which seat they would serve on.

These changes are presented for Council’s consideration and potential approval and adoption.

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Financial Summary
There is no direct financial impact from potential changes.

Attachment A - Council Policy Chapter 3.02 - Redline
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CITY COUNCIL AND MAYORAL APPOINTMENTS TO COMMITTEES,

BOARDS, AND COMMISSIONS
§ 3.02.010
§ 3.02.010. Policy.
1) In 1975 the State Legislature amended Government Code Section 54957 of the Brown Act, removing "public officer" from those appointees that the Council could consider in executive session. This action resulted in the requirement that all discussions and deliberations by the City Council regarding appointments or confirmation of appointments are to take place in public at regular or special meetings of the City Council as opposed to closed executive sessions. This amendment was placed into effect January 1, 1976.
2) To comply with this new requirement, the City Council on January 19, 1976 adopted Resolution No. 32,937 establishing procedures for interviewing and confirming appointments in open Council session. The resolution additionally incorporated the existing informal procedures of the City Council regarding such appointments. 3) On January 1, 1977, the Maddy Local Appointive List Act of 1975 (Section 54970 et seq. Government Code) became effective requiring, among other things, that:

On or before December 31st of each year, each legislative body shall prepare an appointments list of all regular and ongoing boards, commissions, and committees which are appointed by the legislative body of the local agency. The appointees' list shall contain the following information:

A) A list of all appointive terms which will expire during the next calendar year, with the name of the incumbent appointee, the date of appointment, the date the term expires, and the necessary qualifications for the position.

B) A list of all boards, commissions, and committees whose members serve at the pleasure of the legislative body, and the necessary qualifications for each position.

C) These requirements are contained in this Council policy. 4) The purpose of this policy is to establish an orderly process to provide all citizens of Stockton equal access to specific and current information about the many regulatory and advisory boards, commissions, and committees appointed by the City Council and/or the Mayor, to provide for equal opportunity to be informed of vacancies which, from time to time, shall occur, and to provide for open sessions in the interview or confirmation appointment process. Hereafter, for sake of simplicity, all boards, commissions and committees appointed as set forth in the following Policy shall be referred to as "Commission" or "Commissions." A member of a board, commission or committee shall be referred to as a "Commissioner." 5) APPOINTMENTS LIST.

A) Each year, on or before December 31, the City Clerk shall prepare and provide Attachment A
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to the City Council an appointments list of all regular and ongoing Commissions which are appointed by the Stockton City Council, a Stockton City Councilmember or by the Mayor. The appointment list shall set forth the following information:

A) list of all current Commission vacancies and of all appointive terms which will expire during the next calendar year with the name of the incumbent appointee, the date of appointment, the date the term expires, and the necessary qualifications for the position.

B) The appointments list shall be made available to members of the public on the City's website for free or a hard copy for a reasonable fee as indicated on the City's Fee Schedule.
6) VACANCY ANNOUNCEMENTS.

Where a vacancy on a Commission exists or where by a Commissioner's term of office will expire, the City Clerk shall announce through the news and social media, and post notice thereof on the City's website and in the Office of the City Clerk, that a vacancy exists or that a term of office will expire. A standing contact list of community partners and organizations will be maintained by the Clerk's Office to facilitate effective outreach. Announcements/postings shall indicate:

A) Title of the position;
B) Minimum qualifications;
C) Special residency requirements, if any;
D) Frequency of meetings of the Commission;
E) Remuneration, if any;
F) Where to submit an application;
G) Final date for submission of an application; and
H) Term of office.
7) APPLICATIONS.

A) All applicants for Commission membership, including persons currently serving on a Commission who seek to be reappointed, shall complete and submit a uniform public service application form to the City Clerk's Office prior to the final time and date for submission of the application. An applicant may submit for consideration to more than one Commission, depending on the applicant's qualifications and interest.

B) The City Council may appoint a person then serving on a Commission to serve on a different Commission after taking into account the number of other qualified application seeking appointment and whether the person's appointment to the different Commission is compatible with the person's current Commission service or creates the potential for overlapping subject matter jurisdiction.

Attachment A
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Additional material will not be accepted after the filing deadline.

D) The advertisement will remain open until the City Clerk has received one more application than the number of vacancies to be filled or 45 days from the date of the advertisement, whichever comes earlier, at which time the City Clerk will proceed to fill vacancies with the available applicants.

E) The City Clerk or other staff will review the applications to determine the applicant's compliance with this Policy and any other requirements specified in the Commission's Roster.

F) The City Clerk's office shall keep applications on file and applications shall be considered active for one year from the date received.

G) All applications shall be deemed to be public documents and shall be available for public inspection. Nothing herein shall preclude the Mayor or an individual Councilmember from requesting additional or clarifying information of an applicant prior to the Council's consideration of the applicants for appointment as provided in this Policy.
8) STOCKTON RESIDENCY.

Absent specific qualifying requirements to the contrary, all applicants and appointees to Commissions shall be residents of the City of Stockton during the term of their appointment.
9) PROHIBITION OF CITY EMPLOYEES.

City Employees Prohibited. Because of potential conflicts between City employment and an employee serving on City Commissions, no City employee, with the exception of the staff person appointed to serve on the Successor Agency to the Redevelopment Agency, shall be appointed to a Commission. 10) APPLICANT INTERVIEWS.

A) Except as provided below, the City department or affected agency that staffs a Commission for which there is a vacancy or for which a term of office will expire during the recruitment period shall prepare interview questions, reviewed and approved by the City Manager's Office, and forward the questions to the City Clerk. To the extent feasible, questions should be open- ended and limited to no more than five key queries. The City department or affected agency that staffs a Commission, in consultation with the City Manager's Office, will determine whether to provide the interview questions to the applicants ahead of the interview itself.

B) The City Clerk will notify the Council and the applicants regarding the date and time of the interviews. The interviews will be streamed live. This will Attachment A
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C) The City Clerk shall notify all applicants of the time and place of the interviews, the amount of time allowed for the interview and the method by which the Council appointment shall be made. If notifying the candidates by electronic mail, the City Clerk shall also follow up with a phone call to the applicant. Applicants who desire to withdraw from consideration shall notify the City Clerk, preferably in writing.

D) On the date and time of the interview, applicants will arrive at the designated location, date and time as set by the City Clerk.

E) Applicants will assemble in the designated location where the City Clerk/ designee will provide the applicants with the following information:
i) Instructions regarding the interview procedure; and
ii) The date and time of the meeting at which the Council will be voting on the appointment; applicants may be asked by the Council to appear at this meeting.

F) Applicants will be interviewed one at a time. Candidates yet to be interviewed will be instructed to wait in a lobby or other designated location until such time that s/he is invited to the location of the interview. Applicants not present for the interview will automatically be removed from further consideration for that recruitment period.

G) During the interview, the City Clerk/designee will give the opportunity for the applicant to make a two-minute opening statement; the City Clerk/designee will read each question aloud from the list of prepared questions. Each interview is timed and limited to no more than 10 minutes per applicant.

Applicants will be excused at the end of the interview.

H) Interviews for applicants to the Central Parking District Authority Board, Cultural Heritage Board and Public Art Advisory Committee shall be conducted by committees of the respective Boards or Committee and the committee's recommendation then considered by the full Boards and Committee. The Boards' and Committee's recommendations will be forwarded to the City Council for Council action. The City Council may appoint or not appoint the recommended applicant. An appointment to fill an unexpired term shall become effective immediately. Other appointments shall become effective as of July 1st or January 1st respectively. In the latter case, then serving Board or Committee members will continue to serve until the effective date of the new appointment. If the City Council does not appoint the recommended applicant, the Boards or Committee shall make another recommended appointment.

Attachment A
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Applicants for that Commission shall be interviewed by the Civil Service Commission which will make the appointment (as provided in Charter Section 1912) and the Director of Human Resources shall notify the City Council of the appointment.
11)10) CITY COUNCIL APPOINTMENTS.

A) Subsequent to the interviews, the City Clerk will immediately notify the Council that the interviews have been conducted and the date the Council will be voting on the appointments. The Council will have the opportunity to view the interviews during the live stream or may view the video stream at any time prior to the date set for Council appointment. Councilmembers shall limit conversation regarding the applicants amongst each other consistent with the Brown Act.

B)A) The City Clerk will prepare a staff report relative to the interviews conductedapplications received; this report will be placed on a regular meeting agenda for Council consideration on the date indicated to the applicants. The applicants are not required to appear at this meeting unless requested by a Councilmember before the appointment date. Any Councilmember may ask additional questions of the applicant(s) if the applicant has been requested to appear and has appeared at the meeting.

C) At the meeting at which the City Clerk has prepared a staff report relative to the persons who have been interviewed for an appointment to a Commission, for each Commission on which there is a vacancy or for which a term of office will expire, the City Clerk will provide to the City Council a list of those persons who have been interviewed.

D)B) All discussions by the City Council regarding appointments or confirmation of appointments shall be conducted in compliance with the Brown Act. The appointment process shall not require a public hearing; however, persons desiring to comment on the applicants may do so prior to Council action. A Councilmember may ask questions or seek clarification from any applicant present at the meeting before the Council takes action.

E) If there is at least one more applicant than the number of vacancies from the list(s) so provided to the Council, each any Councilmember, including the Mayor, may nominate any applicant(s) listed in the staff report for appointment. will rank the applicants for each Commission such that the number of applicants that each Councilmember ranks will be one number greater than the number of vacancies and/or the number of Commission members whose terms will be expiring. (This will likely avoid tie votes.) For example, if there is only one vacancy or only one term expiring, the Councilmember's first choice for appointment will be ranked with the number "2" and the Councilmember's second choice with the number "1." If because of a vacancy and/or because of an expiring term, there is more than one appointment to a Commission, the Councilmember will assign to the Councilmember's first choice the higher(est) number and lesser number(s) to the Councilmember's other choice(s). For
Attachment A
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§ 3.02.010 § 3.02.020
Downloaded from https://ecode360.com/ST5019 on 2026-01-08 example, if there were one vacancy and one term expiring, each Councilmember would rank three applicants, assigning the number "3" to the Councilmember's first choice, the number "2" to the Councilmember's second choice and the number "1" to the third choice.
i) After the Council has ranked the applicants, the City Clerk will tally the rankings and the applicant(s) receiving the highest number(s) would, subject to Council ratification, be appointed. If there is a tie, then the process described in subsection E above will be repeated only as to the applicants who are tied.
ii) In instances where there are a vacancy and an expiring term and the term of the vacant office is less than the new term of office, the Councilmember nominating the applicant will also indicate which term of service they nominate them to. with the highest number will serve the new term of office and the applicant with the next highest number will serve the lesser term.

F)C) If the number of applicants is less than or equal to the number of vacancies, Council may direct staff to open a recruitment or proceed to fill any number of vacancies from the available list of applicants.

G)D) Should a vacancy occur within the first year of an appointment, the remainder of the unexpired term may be filled from the current, active pool without running a recruitment.

H)E)An appointment to fill an unexpired term shall become effective immediately.

Other appointments shall become effective as of July 1st or January 1st, respectively. In the latter case, the serving Commissioners will continue to serve until the effective date of the new appointments. 12)11) APPOINTMENTS TO THE PLANNING COMMISSION.

As to the Planning Commission, where a vacancy exists or a term of office is expiring from a particular Councilmember's District, the Councilmember from that District shall make the appointment subject to City Council approval; for the at- large Planning Commissioner, the Mayor shall make the appointment subject to City Council approval.
13)12) MAYORAL APPOINTMENTS.

As to any appointments made by the Mayor (other than the Mayor's appointment to the Planning Commission), they shall be submitted on the next regular City Council meeting agenda. The City Council shall confirm or not confirm the appointment(s). 14)13) TERM OF OFFICE.

Prior to the expiration of the term, persons who wish to continue service shall submit a new application to be eligible for consideration for appointment to a new term.

Attachment A
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§ 3.02.020 § 3.02.070
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City Clerk. Prepare and provide to the City Council an appointments list of all regular and ongoing Commissions in compliance with the Maddy Act. § 3.02.030. Relevant authority.

City Charter Section 601; Government Code Section 54957 of the Brown Act Maddy Local Appointive List Act of 1975 (Section 54970 et seq. Government Code) § 3.02.040. Related administrative directive, city policy, city procedure.

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

Information on the city's Boards and Commission, and Application:
http://stocktongov.com/government/boardCom/default.html § 3.02.060. Frequently asked questions.

None applicable.
§ 3.02.070. Update history.
10/31/77 - Adopted by Resolution No. 34,620
2/6/84 - Amended by Resolution No. 40-380
8/25/86 - Amended by Resolution No.86-0549
11/7/88 - Amended by Resolution No.88-0696
1/3/89 - Amended by Resolution No. 89-0017
3/19/90 - Amended by Resolution No. 90-0174
4/1/91 - Amended by Resolution No. 91-0211
5/28/91 - Amended by Resolution No. 91-0390
2/22/93 - Amended by Resolution No. 93-0070
10/10/95 - Amended by Resolution No. 95-0490
6/10/96 - Amended by Resolution No. 96-0303
5/01/07 - Amended by Resolution No. 07-0172
8/24/10 - Amended by Resolution No. 10-0271
6/28/11 - Amended by Resolution No. 11-0175
Attachment A
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§ 3.02.070 § 3.02.070
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1/26/16 - Amended by Resolution No. 2016-01-26-1203
8/22/17 - Amended by Resolution No. 2017-08-22-1104
11/02/21 - Amended by Resolution No. 2021-11-02-1212
7/9/24 - Amended by Resolution No. 2024-07-09-1503
12/10/24 - Amended by Resolution No. 2024-12-10-0604
Attachment A
134

Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION ADOPTING A REVISED CITY COUNCIL POLICY CHAPTER 3.02, CITY

COUNCIL AND MAYORAL APPOINTMENTS TO COMMITTEES, BOARDS, AND

COMMISSIONS

Chapter 3.02, the Council Policy Manual addresses the rules and procedures regarding City Council and Mayoral appointments to Committees, Boards, and Commissions; and

The Mayor agendized for Council consideration amendments to Council Policy

3.02 to improve efficiency in the appointment process by removing the interview requirement and ranked voting; now, therefore,

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

1. The City Council approves the revisions to City Council Policy 3.02 entitled “CITY COUNCIL AND MAYORAL APPOINTMENTS TO COMMITTEES, BOARDS, AND COMMISSIONS” attached hereto as Exhibit 1 and incorporated by this reference.

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

PASSED, APPROVED and ADOPTED: January 27, 2026 .

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:

KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
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HAPTER 3.02

CITY COUNCIL AND MAYORAL APPOINTMENTS TO COMMITTEES,

BOARDS, AND COMMISSIONS
§ 3.02.010
§ 3.02.010.

Policy.
1) In 1975 the State Legislature amended Government Code Section 54957 of the Brown Act, removing "public officer" from those appointees that the Council could consider in executive session. This action resulted in the requirement that all discussions and deliberations by the City Council regarding appointments or confirmation of appointments are to take place in public at regular or special meetings of the City Council as opposed to closed executive sessions. This amendment was placed into effect January 1, 1976.
2) To comply with this new requirement, the City Council on January 19, 1976 adopted Resolution No. 32,937 establishing procedures for interviewing and confirming appointments in open Council session. The resolution additionally incorporated the existing informal procedures of the City Council regarding such appointments. 3) On January 1, 1977, the Maddy Local Appointive List Act of 1975 (Section 54970 et seq. Government Code) became effective requiring, among other things, that:

On or before December 31st of each year, each legislative body shall prepare an appointments list of all regular and ongoing boards, commissions, and committees which are appointed by the legislative body of the local agency. The appointees' list shall contain the following information:

A) A list of all appointive terms which will expire during the next calendar year, with the name of the incumbent appointee, the date of appointment, the date the term expires, and the necessary qualifications for the position.

B) A list of all boards, commissions, and committees whose members serve at the pleasure of the legislative body, and the necessary qualifications for each position.

C) These requirements are contained in this Council policy. 4) The purpose of this policy is to establish an orderly process to provide all citizens of Stockton equal access to specific and current information about the many regulatory and advisory boards, commissions, and committees appointed by the City Council and/or the Mayor, to provide for equal opportunity to be informed of vacancies which, from time to time, shall occur, and to provide for open sessions in the interview or confirmation appointment process. Hereafter, for sake of simplicity, all boards, commissions and committees appointed as set forth in the following Policy shall be referred to as "Commission" or "Commissions." A member of a board, commission or committee shall be referred to as a "Commissioner." 5) APPOINTMENTS LIST.

A) Each year, on or before December 31, the City Clerk shall prepare and provide Exhibit 1
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§ 3.02.010 § 3.02.010
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to the City Council an appointments list of all regular and ongoing Commissions which are appointed by the Stockton City Council, a Stockton City Councilmember or by the Mayor. The appointment list shall set forth the following information:

A) list of all current Commission vacancies and of all appointive terms which will expire during the next calendar year with the name of the incumbent appointee, the date of appointment, the date the term expires, and the necessary qualifications for the position.

B) The appointments list shall be made available to members of the public on the City's website for free or a hard copy for a reasonable fee as indicated on the City's Fee Schedule.
6) VACANCY ANNOUNCEMENTS.

Where a vacancy on a Commission exists or where by a Commissioner's term of office will expire, the City Clerk shall announce through the news and social media, and post notice thereof on the City's website and in the Office of the City Clerk, that a vacancy exists or that a term of office will expire. A standing contact list of community partners and organizations will be maintained by the Clerk's Office t o facilitate effective outreach. Announcements/postings shall indicate:

A) Title of the position;
B) Minimum qualifications;
C) Special residency requirements, if any;
D) Frequency of meetings of the Commission;
E) Remuneration, if any;
F) Where to submit an application;
G) Final date for submission of an application; and
H) Term of office.
7) APPLICATIONS.

A) All applicants for Commission membership, including persons currently serving on a Commission who seek to be reappointed, shall complete and submit a uniform public service application form to the City Clerk's Office prior to the final time and date for submission of the application. An applicant may submit for consideration to more than one Commission, depending on the applicant's qualifications and interest.

B) The City Council may appoint a person then serving on a Commission to serve on a different Commission after taking into account the number of other qualified application seeking appointment and whether the person's appointment to the different Commission is compatible with the person's current Commission service or creates the potential for overlapping subject matter jurisdiction.

Exhibit 1
137
City of Stockton, CA
§ 3.02.010 § 3.02.010
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C) The application shall identify the membership on the Commission or Commissions being sought, the applicant's background and qualifications and may include any additional material deemed relevant by the applicant.

Additional material will not be accepted after the filing deadline.

D) The advertisement will remain open until the City Clerk has received one more application than the number of vacancies to be filled or 45 days from the date of the advertisement, whichever comes earlier, at which time the City Clerk will proceed to fill vacancies with the available applicants.

E) The City Clerk or other staff will review the applications to determine the applicant's compliance with this Policy and any other requirements specified in the Commission's Roster.

F) The City Clerk's office shall keep applications on file and applications shall be considered active for one year from the date received.

G) All applications shall be deemed to be public documents and shall be available for public inspection. Nothing herein shall preclude the Mayor or an individual Councilmember from requesting additional or clarifying information of an applicant prior to the Council's consideration of the applicants for appointment as provided in this Policy.
8) STOCKTON RESIDENCY.

Absent specific qualifying requirements to the contrary, all applicants and appointees to Commissions shall be residents of the City of Stockton during the term of their appointment.
9) PROHIBITION OF CITY EMPLOYEES.

City Employees Prohibited. Because of potential conflicts between City employment and an employee serving on City Commissions, no City employee, with the exception of the staff person appointed to serve on the Successor Agency to the Redevelopment Agency, shall be appointed to a Commission.

Exhibit 1
138
City of Stockton, CA
§ 3.02.010 § 3.02.010
Downloaded from https://ecode360.com/ST5019 on 2026-01-08

Exhibit 1
139
City of Stockton, CA
§ 3.02.010 § 3.02.010
Downloaded from https://ecode360.com/ST5019 on 2026-01-08

10) CITY COUNCIL APPOINTMENTS.

A) The City Clerk will prepare a staff report relative to the applications received; this report will be placed on a regular meeting agenda for Council consideration on the date indicated to the applicants. The applicants are not required to appear at this meeting unless requested by a Councilmember before the appointment date. Any Councilmember may ask additional questions of the applicant(s) if the applicant has been requested to appear and has appeared at the meeting.

B) All discussions by the City Council regarding appointments or confirmation of appointments shall be conducted in compliance with the Brown Act. The appointment process shall not require a public hearing; however, persons desiring to comment on the applicants may do so prior to Council action. A Councilmember may ask questions or seek clarification from any applicant present at the meeting before the Council takes action.

C) If there is at least one more applicant than the number of vacancies from the list(s) so provided to the Council, any Councilmember, including the Mayor, may nominate any applicant(s) listed in the staff report for appointment.

Exhibit 1
140
City of Stockton, CA
§ 3.02.010 § 3.02.020
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i) .
ii) In instances where there are a vacancy and an expiring term and the term of the vacant office is less than the new term of office, the Councilmember nominating the applicant will also indicate which term of service they nominate them to.

D) If the number of applicants is less than or equal to the number of vacancies, Council may direct staff to open a recruitment or proceed to fill any number of vacancies from the available list of applicants.

E) Should a vacancy occur within the first year of an appointment, the remainder of the unexpired term may be filled from the current, active pool without running a recruitment.

F) An appointment to fill an unexpired term shall become effective immediately.

Other appointments shall become effective as of July 1st or January 1st, respectively. In the latter case, the serving Commissioners will continue to serve until the effective date of the new appointments. 11) APPOINTMENTS TO THE PLANNING COMMISSION.

As to the Planning Commission, where a vacancy exists or a term of office is expiring from a particular Councilmember's District, the Councilmember from that District shall make the appointment subject to City Council approval; for the at - large Planning Commissioner, the Mayor shall make the appointment subject to City Council approval.
12) MAYORAL APPOINTMENTS.

As to any appointments made by the Mayor (other than the Mayor's appointment to the Planning Commission), they shall be submitted on the next regular City Council meeting agenda. The City Council shall confirm or not confirm the appointment(s). 13) TERM OF OFFICE.

Prior to the expiration of the term, persons who wish to continue service shall submit a new application to be eligible for consideration for appointment to a new term.

Exhibit 1
141
City of Stockton, CA
§ 3.02.020 § 3.02.070
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§ 3.02.020. Responsibilities.

City Clerk. Prepare and provide to the City Council an appointments list of all regular and ongoing Commissions in compliance with the Maddy Act. § 3.02.030. Relevant authority.

City Charter Section 601; Government Code Section 54957 of the Brown Act Maddy Local Appointive List Act of 1975 (Section 54970 et seq. Government Code) § 3.02.040. Related administrative directive, city policy, city procedure.

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

Information on the city's Boards and Commission, and Application:
http://stocktongov.com/government/boardCom/default.html § 3.02.060. Frequently asked questions.

None applicable.
§ 3.02.070. Update history.
10/31/77 - Adopted by Resolution No. 34,620
2/6/84 - Amended by Resolution No. 40-380
8/25/86 - Amended by Resolution No.86-0549
11/7/88 - Amended by Resolution No.88-0696
1/3/89 - Amended by Resolution No. 89-0017
3/19/90 - Amended by Resolution No. 90-0174
4/1/91 - Amended by Resolution No. 91-0211
5/28/91 - Amended by Resolution No. 91-0390
2/22/93 - Amended by Resolution No. 93-0070
10/10/95 - Amended by Resolution No. 95-0490
6/10/96 - Amended by Resolution No. 96-0303
5/01/07 - Amended by Resolution No. 07-0172
8/24/10 - Amended by Resolution No. 10-0271
6/28/11 - Amended by Resolution No. 11-0175
Exhibit 1
142
City of Stockton, CA
§ 3.02.070 § 3.02.070
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12/13/11 - Repealed and replaced by Resolution No. 11-0332 10/09/12 - Amended by Resolution No. 2012-10-09-1203
1/26/16 - Amended by Resolution No. 2016-01-26-1203
8/22/17 - Amended by Resolution No. 2017-08-22-1104
11/02/21 - Amended by Resolution No. 2021-11-02-1212
7/9/24 - Amended by Resolution No. 2024-07-09-1503
12/10/24 - Amended by Resolution No. 2024-12-10-0604
Exhibit 1
143
City of Stockton
Legislation Text
File #: 25-1434, Version: 1

ADOPT RESOLUTION TO AUTHORIZE THE ISSUANCE OF AN INDUSTRIAL WASTE

COLLECTOR PERMIT

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

1. Authorize the issuance of an industrial waste collector permit to GreenWaste of Central Valley, LLC; and

2. Authorize the City Manager, or designee, to enter into and execute an agreement with a Council-authorized industrial waste collector permittee for the collection and disposal of industrial waste within the City of Stockton limits.

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

Summary
GreenWaste of Central Valley, LLC (GreenWaste) has applied for an Industrial Waste Collector permit. The City’s current permit holders are Sunrise Sanitation, Inc. (Republic Services), USA Waste of California, Inc. (WM), and California Waste Recovery Systems, LLC (Cal-Waste). The current industrial waste collector permits expire on December 31, 2029. Staff reviewed the application submitted by GreenWaste and found that the applicant has complied with all Stockton Municipal Code (SMC) requirements to perform industrial waste collection service in the City.

DISCUSSION
Background
In 1981, the City separated its commercial and industrial waste collections from residential collections by establishing a non-exclusive, open-market, competitive permit system. This system continued until 2004, when the City consolidated residential and commercial collections into exclusive franchises and amended the SMC to require franchisees and industrial waste permittees to divert 50 percent of collected waste from landfills, in accordance with State Assembly Bill (AB) 939 regulations.

Industrial waste collector permits have been issued and extended, with the most recent issuance occurring in 2024, following Council approval. The permit process includes a $100,000 permit fee and compliance with State regulations, including, but not limited to:

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File #: 25-1434, Version: 1
· AB 939 California’s Recycling Mandate
· Senate Bill (SB) 1383 California’s Short-Lived Climate Pollutant Reduction Law · California Green Building Standards Code, Part 11, Title 24, California Code of Regulations (CALGreen)
CALGreen requires local construction permits to divert at least 65 percent of construction and demolition debris material from landfills.

Present Situation
The City currently has three permitted industrial waste collectors operating inside the City limits.

GreenWaste has submitted its application, and if approved, will become the fourth permitted industrial waste collector in the City. The SMC requires the following before new permits can be issued:
· That the City Council approve the permit through a majority vote; · That permittee pays a fee of $100,000 for the issuance of an industrial waste collector permit; and,
· That permittee provides adequate insurance coverage as required by the City to perform industrial waste collection services.

The City may choose to renew the permit for up to two additional five-year terms. Staff has reviewed the application and confirmed that all SMC requirements have been met.

If approved, the industrial waste collector permit fee, totaling $100,000, will be used to administer and support a variety of activities that ensure safe, compliant, and efficient waste collection service.

These revenues help offset the costs of program administration, compliance monitoring, field inspections, enforcement activities, environmental program requirements, and maintenance activities, such as vegetation and tree clearance, to ensure safe collection access.

If the permit is approved, the permittee will also pay the City 18.5 percent of monthly gross receipts, and a five percent AB 939 fee based on the same monthly gross receipts.

FINANCIAL SUMMARY
The $100,000 permit fee will be applied to the Solid Waste and Recycling account number: 4560- 000-470007-255-000-30-45-000-000
The monthly 18.5 percent permit fee will be applied to the following General Fund account: 0000-000 -414038-100-000-00-00-000-000
The monthly five percent AB 939 fee will be applied to the following Solid Waste and Recycling account: 0000-000-414038-255-000-00-00-000-000
There is no additional impact to the City’s General Fund or any other unrestricted fund as a result of taking the recommended actions.

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Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION AUTHORIZING THE ISSUANCE OF INDUSTRIAL WASTE

COLLECTOR PERMIT

Stockton Municipal Code Sections 8.04.290 and 8.04.300 provide that an industrial waste collector must have a permit to conduct business; and

Such permit is to be issued upon a majority vote of the City Council; and

GreenWaste of Central Valley, LLC has submitted its application and paid a fee of $100,000 for the issuance of a permit for the collection of industrial waste; now, therefore,

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

1. The City Council hereby issues an industrial waste collector permit, a copy of which is attached as Exhibit 1 and is incorporated by this reference to GreenWaste of Central Valley, LLC.

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

PASSED, APPROVED, and ADOPTED January 27, 2026 .

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:

KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
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NON-EXCLUSIVE INDUSTRIAL WASTE COLLECTION AGREEMENT

BETWEEN THE CITY OF STOCKTON AND CALIFORNIA WASTE

RECOVERY SYSTEMS, LLC
T
his Agreement is made and entered into on ________________ 2026, by and between the CITY OF STOCKTON, a municipal corporation (“CITY”), and GREENWASTE of Central Valley, LLC ("CONTRACTOR").

RE
CITALS
The Le
gislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989 ("AB 939") (California Public Resources Code Section 40000 et seq.), has declared that it is in the public interest to authorize and require l ocal agencies to make adequate provisions for solid waste handling within their jurisdictions; and
The C
ITY has determined that the public health, safety and welfare require that non-exclusive contracts be awarded to qualified companies for the collection, transport and disposal of industrial waste in the CITY; and
The L
egislature has found and declared in Section 49510 of the Public Resources Code that it is in the public interest to foster and encourage solid waste enterprise so that, at all times, there will continue to be competent enterprises willing and financially able to furnish needed solid waste handling service; and One of t
he purposes of this Agreement is to regulate such enterprises in order to ensure the orderly collection, transportation, recycling and disposal of industrial waste in the CITY and to minimize the potential for adverse effects on the local environment; and
The C
ITY requires haulers wishing to provide industrial waste collection services in the CITY to enter into an agreement with the CITY in order to regulate this business, ensure its orderly operation and to minimize the potential for adverse effects to the local environment; and
CONTRACTOR has requested that the CITY enter into a non-exclusive industrial waste collection agreement; and
The CITY has determined that entering into a non-exclusive agreement with the CONTRACTOR is in the public's interest; and
The CITY intends to receive value for entering into the non-exclusive a greement; and
C
ONTRACTOR acknowledges that it shall arrange for the proper disposal of all EXHIBIT 1
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industrial waste collected in the CITY and the CITY is not instructing CONTRACTOR how to collect, transport or recycle or dispose of industrial waste so long as its operation is consistent with City Code, applicable laws, and diversion requirements (AB 939 and California Green Building Standards Code, 24 CCR, Part 11); and

The CITY and CONTRACTOR desire to enter into an industrial waste collection Agreement in order that CONTRACTOR may provide industrial waste collection, transportation and disposal services in the CITY.

NOW, THEREFORE, based on the mutual promises contained herein, the parties agree as follows:

Section 1. Grant of Non-Exclusive Agreement.

a. The CITY hereby grants CONTRACTOR a non-exclusive right to engage in the collection of industrial waste, as defined in Title 8 , Chapter 8.04.290 through

8.04.340 of the Stockton Municipal Code, and authorizes CONTRACTOR to engage in the business of collecting, transporting, recycling and disposing of solid waste and recyclables generated by industrial generators within the Stockton City limits. Industrial generators include manufacturing facilities, factories, food processors, refineries, and publicly operated treatment works.

b. The CITY will not take any action, such as granting of an exclusive franchise, which would deprive CONTRACTOR from competing to provide services included in this Agreement for the period this Agreement is in effect.

c. The CONTRACTOR shall be entitled to apply for and obtain new permits as may be required for collection of industrial waste upon the expiration of the term of this Agreement if CONTRACTOR meets permit conditions as are set forth by then current city ordinances. All future permit(s) will be issued pursuant to terms provided for by ordinance, which may include, but not be limited to, payment of permit issuance fees, permit fees, AB 939 fees, and diversion goals , including the California Green Building Standards Code, 24 CCR, Part 11 (CALGreen).

Section 2. Acceptance of Non-Exclusive Agreement.

CONTRACTOR hereby enters into this Agreement on the terms and conditions set forth in this Agreement, City Code, and all related ordinances and resolutions.

Section 3. Exceptions to Agreement.

The following services are expressly excluded from this Agreement:

a. Self-haul materials, which are generated by an industrial entity and EXHIBIT 1
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delivered by that entity directly to a transfer station or disposal facility.

b. All residential and commercial solid waste, recyclables, and organics that are collected pursuant to the terms of two separate Collection Services Agreements for Recycling, Organics, and Solid Waste Collection, Processing, and Disposal Services with USA Waste of California, Inc. (WM), and Sunrise Sanitation, Inc. (Republic Services).

c. Removal of materials from premises by a contractor or individual as an incidental part of gardening, landscaping, tree trimming, cleaning, construction, demolition, maintenance or similar service offered by that contractor or individual and not a subcontracted hauling contractor.

Section 4. Term of Agreement.

Subject to Sections 23 and 36 of this Agreement,
the initial term of this
Agreement shall commence on March 1, 2026, and shall expire on February 28, 2031.

The term of the Agreement may be extended up to two (2) optional five-year terms by a written amendment executed by both parties. However, the total term of the Agreement including the extended term shall not exceed fifteen (15) years. This section constitutes the CITY's five-year notice that may or may not be required under Public Resources Code Section 49520. The parties agree that CONTRACTOR shall be entitled to a notice of at least one hundred and twenty (120) days prior to the expiration of this Agreement in the event the CITY determines to change the system from a non- exclusive collection system to an exclusive collection system after expiration of the term hereof.

Section 5. Conditions for Effectiveness
.

The effectiveness of this Agreement is subject to CONTRACTOR's satisfaction of all the conditions set forth below.
a. Accuracy of Representations. The representation and warranties made by CONTRACTOR upon entering into this Agreement are true and correct on and as of the effective date.
b. Absence of Litigation. There is no litigation pending on the effective date in any court challenging the award or execution of this Agreement or seeking to restrain or enjoin its performance.
c. Furnishing of Insurance. CONTRACTOR has furnished evidence of the Insurance required by Section 15 of this Agreement.

EXHIBIT 1
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Section 6. Contractor Fees.

a. Upon final execution hereof, CONTRACTOR shall pay to CITY a one- time fee of $ 100,000 (One hundred thousand dollars) pursuant to Section 4 above.

During the term of this Agreement, yet subject to the effective date of the applicable City Code provisions relating to the payment of fees, CONTRACTOR shall pay to the CITY such fees, as set forth below, for the privilege of engaging in the business of collecting, recycling, transporting and disposing of industrial waste from within the City limits:

(1) The Contractor fees listed in s ubsections 2 and 3 shall be determined based on all industrial recycling and solid waste collection revenues billed and received by CONTRACTOR from customers located in the CITY or, if CONTRACTOR provides the service for free, contractor fees shall be based on fair market value of the service as determined by the Public Works Director.

(2) CONTRACTOR shall pay to the CITY a Contractor Permit Fee equal to eighteen and one- half percent (18 .5%) of the gross revenue collected for performing industrial waste collection services.

(3) CONTRACTOR shall also pay to the CITY a n AB 939 Fee equal to five percent (5%) of the gross revenue collected for performing industrial waste collection services.

b. Contractor Permit and AB 939 fees may be modified in the amount and manner of payment at any time during the term of this Agreement at the sole discretion of the CITY.

c. Contractor shall pay the City a one-time $100,000 fee before the Agreement is approved pursuant to Section 4 above.

Section 7. Contractor Fees - Permit and AB 939 Fee Payments.

a. Contractor Permit and AB 939 fees shall be payable monthly and shall be due and payable on or before the fifteenth (15) day of the month immediately following the month in which collection services were provided. Each payment shall be calculated in accordance with the provisions of this Agreement. b. The Contractor Permit and AB 939 fees shall be paid to the City’s Administrative Services Department. Each payment shall be accompanied by a written statement, verified by the person making the payment, or a duly authorized representative of the person, showing the calculation of the Contractor Permit and AB 939 fees payable in such form and detail as the CITY may require and such other information as the CITY may determine is material to a determination of the amount due. CONTRACTOR shall pay all required Contractor Permit and AB 939 fees to:

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City of Stockton
Attention: Administrative Services Department
P.O. Box 2107
Stockton, CA 95201
Email: [email protected]

c. No statement filed under this Section shall be conclusive as to the matters set forth in such statement, nor shall the filing of such statement preclude the CITY from collecting by appropriate action the sum that is actually due and payable.

d. If Contractor Permit and AB 939 fees are not paid by the CONTRACTOR at the times required by this Section, then in addition to the Contractor fees, the CONTRACTOR shall pay a late payment charge in an amount equal to five percent (5%) of the Contractor fee that is due, plus interest equal to one percent (1%) for each month in which the Contractor fee was not timely paid.

e. If CONTRACTOR remits Contractor Permit and AB 939 fees by personal delivery to the CITY, such payment shall be deemed timely only if delivered on or before the due date. If CONTRACTOR remits Contractor Permit and AB 939 fees by mail or other delivery service, such payment shall be deemed timely only if (1) the envelope containing the payment bears a postmark or receipt showing that the payment was mailed or sent on or before the due date or (2) CONTRACTOR submits proof satisfactory to the City Manager that the payment was in fact deposited in the mail or sent on or before said due date.

f. In the event CONTRACTOR believes that it has paid Contractor Permit and AB 939 fees in excess of the fees due to the CITY, CONTRACTOR may submit a request for refund to the City Manager on a form provided by said City Manager. If proof of overpayment is satisfactory to the City Manager, the City Manager shall and is hereby authorized to refund to CONTRACTOR any overpayment. CONTRACTOR shall not apply any overpayment as a credit against any Contractor fees or other amounts payable to the CITY unless specifically so pre-authorized by the City Manager in writing.

Section 8. Ownership of Industrial Solid Waste.

The CITY does not gain any ownership or right to possess industrial solid waste collected by CONTRACTOR pursuant to this Agreement. Subject to the provisions of this Agreement, CONTRACTOR shall have title to and may retain, recycle, process, dispose of, or use the industrial solid waste which it collects.

Section 9. Disposal of Industrial Solid Waste.

CONTRACTOR shall dispose of industrial solid waste collected or transported by CONTRACTOR only by taking such industrial solid waste to a landfill or transfer station, EXHIBIT 1
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which is lawfully authorized to accept such solid waste, with notice to the CITY of the location. CONTRACTOR may take recycled materials to a permitted facility of its choice with notice to the CITY of the location. CONTRACTOR shall not dispose of such industrial solid waste by depositing it on any land, whether public or private, or in any river, stream or other waterway, or in any sanitary sewer or storm drainage system.

Section 10. Public Access to CONTRACTOR
A responsible and qualified representative of the CONTRACTOR shall be available at the CONTRACTOR's office during office hours for communication with the CITY or the public.

Section 11. Customer Education

CONTRACTOR shall provide to each customer a printed list that outlines the materials that may be placed in industrial waste containers and those that are unacceptable.

Section 12. Tonnage Reports

a. CONTRACTOR shall file with the Public Works Director or designee a quarterly report of the quantities of industrial waste collected, transported, diverted, and/or disposed. Such report shall be in such form and detail as required by the Public Works Director or designee. Specifically, the report shall contain, but not be limited to, the following information:

(1) The industrial waste tonnage the CONTRACTOR collected within the CITY that was diverted during the previous quarter and the location of the facility where such waste was diverted;
(2) The industrial waste tonnage collected within the CITY that was disposed of during the previous quarter, and the location of the disposal facility where the disposal of such waste occurred.
b. CONTRACTOR shall maintain quarterly records, on forms prescribed by the Public Works Director or designee, containing such information as may be required by the Public Works Director or designee pertaining to the number and types of accounts served by the CONTRACTOR. This information shall be provided to the Public Works Director or designee upon request.
c. The Public Works Director or designee shall maintain guidelines, forms and other appropriate material to assist CONTRACTOR in preparing the reports required by this Section. CONTRACTOR's failure to file the reports required by this Section shall constitute cause for termination or suspension of this Agreement.

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d. If the quarterly report required under subsection a, above, is not filed by the due date, the report shall be deemed delinquent, and the CONTRACTOR shall pay to the CITY a delinquent report charge in the amount of fifty dollars ($50.00). If the report remains delinquent for more than fifteen (15) days, the CONTRACTOR shall pay to the CITY a delinquent report charge in the amount of one hundred dollars ($100.00). Such delinquent report charge shall be in addition to any Contractor fees or other charges payable by the CONTRACTOR for the same period.
e. Each quarterly report shall be submitted on or before the fifteenth (15th) day of the calendar month immediately following the reportable quarter and shall be submitted to the Public Works Director or designee by email to [email protected].

f. As part of an investigation for terminating this Agreement for cause, subject to Section 23 of this Agreement and upon the reasonable request of the Public Works Director or designee, CONTRACTOR shall submit to the CITY monthly reports including a listing of each receptacle size in the CITY from which CONTRACTOR collected industrial waste during the reportable month; the number of collections of each listed container during the reportable month; the total volume (cubic yards) of industrial waste collected in the CITY during the reportable month; the total weight (in tons) of industrial waste disposed of by CONTRACTOR at landfills and transfer stations during the reportable month; the total weight (in tons) and the weight by material category (in tons) of industrial waste delivered by CONTRACTOR to recycling and materials recovery facilities during the reportable month; the number of service locations by volume (cubic yards) of service provided; CONTRACTOR's gross receipts for collection services provided in the CITY during the reportable month; and such additional information as may be required by the Public Works Director or designee. Such monthly reports shall be prepared in a form as required by the Public Works Director or designee.

Section 13. Inspection Authority.

a. CONTRACTOR shall at all times maintain, without limitation, the following:
accurate and complete accounts of all revenues arising out of its operations under this Agreement; any service complaints received and how they were resolved; all solid waste collected, transported and/or disposed of; the source of such solid waste; and the final destination of such solid waste. CONTRACTOR's books, accounts and records reasonably necessary for the enforcement of this Agreement shall be made available for inspection, examination and audit during normal business hours by authorized officers, employees and agents of the CITY. The CITY shall provide CONTRACTOR written notice at least three (3) business days prior to any inspection, audit or examination of these records.

b. In the event any audit conducted by the CITY or by the CITY's representative discloses that CONTRACTOR has made any intentional misrepresentation with respect to the Contractor fees or its diversion amounts to the CITY or discloses EXHIBIT 1
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that CONTRACTOR has underpaid Contractor fees due to the CITY in an amount greater than One Thousand Dollars ($1,000) or ten percent (10%) of the Contractor fees payable to the CITY during the period covered by the audit, whichever amount is greater, then in addition to any other remedies available to the CITY, CONTRACTOR shall reimburse the CITY for the CITY's costs incurred in the performance of the audit.

Such reimbursement shall be paid by CONTRACTOR, along with any underpaid Contractor fees, late payments and interest, within thirty (30) days after the date the CITY notifies CONTRACTOR of the amount of the CITY's costs.

Section 14.

Service Fees
CONTRACTOR shall set its own service fees for industrial waste collection services.

Section 15.

Insurance Requirements.

Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees, or subcontractors. With respect to General Liability, Errors & Omissions, Contractors Pollution Liability, and/or Asbestos Pollution Liability, coverage should be maintained for a minimum of five (5) years after contract completion.

MINIMUM SCOPE AND LIMIT OF INSURANCE

Coverage shall be at least as broad as:

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

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

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

4. Environmental Impairment/Pollution Liability applicable to the work being EXHIBIT 1
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performed, with a limit no less than $1,000,000 per claim or occurrence and $1,000,000 aggregate per policy period of one year.

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

Self-Insured Retentions

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

Other Insurance Provisions

A. The General Liability, Automobile Liability, Contractors Pollution Liability, and/or Asbestos Pollution policies are to contain, or be endorsed to contain, the following provisions:

1. The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 3 8; and CG 20 37 forms if later revisions used). Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.

2. For any claims related to this project, the Contractor’s insurance coverage shall EXHIBIT 1
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be primary and non-contributory insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City of Stockton, its officers, officials, employees, agents, and volunteers. Any insurance or self -insurance maintained by the City of Stockton, its officers, officials, employees , agents, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies. The City of Stockton does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.

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

B. The Automobile Liability policy shall be endorsed to include Transportation Pollution Liability insurance, covering materials to be transported by Contractor pursuant to the contract. This coverage may also be provided on the Contractors Pollution Liability policy.

C. If General Liability, Contractors Pollution Liability and/or Asbestos Pollution Liability and/or Errors & Omissions coverages are written on a claims-made form:

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

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

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

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

5. If the services involve lead-based paint or asbestos identification / remediation, the Contractors Pollution Liability shall not contain lead- based paint or asbestos exclusions.

If the services involve mold identification / remediation, the Contractors Pollution Liability shall not contain a mold exclusion and the definition of “Pollution” shall include microbial matter including mold.

Umbrella or Excess Policy
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non- contributory, additional insured, Self -Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader EXHIBIT 1
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coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A:VII if admitted in the State of California.

Verification of Coverage

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

Waiver of Subrogation
Contractor hereby grants to City of Stockton a waiver of subrogation which any insurer may acquire against City of Stockton, its officers, officials, employees, and volunteers, from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer.

The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Stockton for all work performed by the Contractor, its employees, agents, and subcontractors.

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

Duration of Coverage
CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a EXHIBIT 1
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minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

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

Certificate Holder Address

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

City of Stockton
Its Officers, Officials, Employees and Volunteers
425 N El Dorado Street
Stockton, CA 95202

Section 16. Indemnity.

To the fullest extent permitted by law, Contractor shall hold harmless, defend and indemnify City of Stockton and its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs (including without limi tation costs and fees of litigation) of every nature arising out of or in connection with Contractor’s performance of work hereunder or its failure to comply with any of its obligations contained in the agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the City of Stockton. This obligation is independent of, and shall not in any way be limited by, the minimum insurance obligations contained in this agreement. These obligations shall survive the completion or termination of this agreement.

Section 17. Equipment.

All equipment used or provided by CONTRACTOR shall be kept in a safe and sanitary condition. Vehicles and containers shall be cleaned and painted as needed, as reasonably determined by the CITY.

Section 18. Abandoned Containers.

a. If CONTRACTOR abandons any container used for industrial waste collection services under the Agreement, the CITY may remove the container and/or dispose of the contents of the container.

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b. If the CITY removes a container abandoned by CONTRACTOR and/or disposes of the contents of any container abandoned by CONTRACTOR, the CITY may charge CONTRACTOR for the CITY's costs incurred in such removal/disposal and for the CITY's costs of storage of the container. CONTRACTOR shall reimburse the CITY for such costs within ten (10) days after the date of the CITY's invoice for such costs.

c. For the purposes of this Section, "abandoned" includes:

(1) CONTRACTOR's failure to remove the container within the time period specified by the CITY upon termination of the industrial waste collection Agreement;

(2) CONTRACTOR's failure to remove the container within a reasonable period after the expiration of the Agreement granted to CONTRACTOR, except in the case where CONTRACTOR has been granted an extension of the term of said Agreement or CONTRACTOR has been granted an industrial waste collection Agreement authorizing CONTRACTOR to collect and transport the type or types of waste for which the container was used pursuant to this AGREEMENT.

(3) CONTRACTOR's failure to dispose of the contents of the container within five (5) days after the City Manager issues written notice to CONTRACTOR to dispose of the contents.

Section 19. CONTRACTOR Provided Industrial Waste Collection Containers

a. General. Containers used for storage of industrial waste shall be designed and constructed to prevent the leakage of liquids. All containers shall be painted and shall prominently display the name and contact information of the CONTRACTOR.

b. SB 1383 Compliance. All containers shall have SB 1383-compliant labels and colors.

c. Cleaning, Painting, Maintenance. CONTRACTOR shall replace, clean or repaint all containers as needed to present a clean appearance as reasonably determined by the City.

Section 20. Personnel

a. Driver Qualifications . CONTRACTOR agrees that all drivers shall be trained and qualified in the operation of collection vehicles and must have in effect a valid license, of the appropriate class, issued by the California Department of Motor Vehicles.

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b. Safety Training . CONTRACTOR shall provide suitable operational and safety training for all of its employees who operate vehicles or equipment for collection of industrial waste, or who are otherwise directly involved in such collection.

Section 21. Compliance With Law.

In providing the services required under this Agreement, CONTRACTOR shall at all times, at its sole cost, comply with all applicable laws of the United States, the State of California, the CITY and other states, cities or counties which may have jurisdiction over any service provided in this Agreement and with all applicable regulations promulgated by any federal, state, regional or local administrative and regulatory agency, now in force and as they may be enacted, issued or amended during the term of this Agreement.

Section 22. Permits and Licenses.

CONTRACTOR shall obtain and maintain, at CONTRACTOR's sole expense, all permits and licenses required by any governmental agency to provide the operation required by this Agreement, including, without limitation, a City business license.

Section 23. Default, Termination.

a. Default. The CITY shall provide written notice of a material default or failure to comply with any obligation or duty imposed on CONTRACTOR under this Agreement or City ordinance. The City Manager and CONTRACTOR shall thereupon meet and confer in good faith to agree on a resolution and cure of the breach.

If the
parties are unable to agree on the informal resolution or cure of the breach within ten (10) business days, the City Manager shall have the right to terminate this Agreement. If CONTRACTOR fails to correct such default or fails to take reasonable steps to commence to correct such default within thirty (30) days from the date of the notice, as stated above, given by the CITY and CONTRACTOR thereafter fails to diligently continue to take reasonable steps to correct such default, CITY shall then provide notice of termination.

b. Termination. Upon the occurrence of a material breach, failure to cure will result in a notice of termination of this Agreement by the CITY in accord with the following:

The City Manager shall serve written notice, either personally or by registered or certified mail, postage prepaid of the termination of this Agreement, sent to the last place of business of the CONTRACTOR as provided in the notices section, below, and the CONTRACTOR shall cease operation under this Agreement within ten (10) days after receipt of said notice unless CONTRACTOR has requested an appeal hearing before the CITY, pursuant to §1.44.070 of the Stockton Municipal Code, prior to the expiration of the EXHIBIT 1
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ten (10) day period. In the event CONTRACTOR requests such an appeal hearing, said CONTRACTOR may continue collecting and transporting or disposing of refuse until the CITY has rendered its decision on the termination of this Agreement.

c. Event of Default. The following events shall constitute a material breach and default under this Agreement:

(1) Misrepresentation. Any misrepresentation or disclosure made to the CITY in this Agreement, or any application or document delivered to the City by the CONTRACTOR in connection with or as an inducement to entering this Agreement or any future amendment to this Agreement which proves to be false or misleading in any material respect as of the time the representation or disclosure is made. (2) Fraud or Deceit. CONTRACTOR practices, or attempts to practice, any fraud or deceit upon the CITY.

(3) Failure to Maintain Insurance Coverage. CONTRACTOR fails to provide or maintain in full force and e ffect the Worker's Compensation, liability, or indemnification coverage as required by this Agreement.

(4) Violation(s) of Regulation. If the CONTRACTOR violates any permits, orders or filing of any regulatory body having jurisdiction over the CONTRACTOR which violation or non- compliance materially affects the CONTRACTOR’s ability to perform under this Agreement, provided that the CONTRACTOR may contest any such orders or filings by appropriate proceedings conducted in good faith, in which case no breach or default of this Agreement shall be deemed to have occurred during the pendency of the contestation or appeal , to the extent the CONTRACTOR is able to adequately perform during that period.

(5) Acts or Omissions. Any other act or omission by CONTRACTOR which materially violates the terms, conditions, or requirements of this Agreement, City Code, AB 939 and other state requirements, as they may be amended from time to time, or any order, directive, rule, or regulation issued there under and which is not corrected or remedied within the time set in the written notice of the violation or, if the CONTRACTOR cannot reasonably correct or remedy the breach within the time set forth in such notices, if the CONTRACTOR should fail to commence to correct or remedy such violation within the time set forth in such notice and diligently effect such correction or remedy thereafter.

(6) Challenge to terms of this Agreement . Challenge of any of the terms herein in a court of law or legislative body. By entering into this Agreement, the CONTRACTOR agrees to all its terms.

(7) Failure to meet diversion requirement . CONTRACTOR fails to maintain diversion requirements consistent with CITY Code, AB 939 and the California Green Building Standards Code, 24 CCR, Part 11, for the collection of industrial and solid EXHIBIT 1
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waste materials within the CITY in each calendar year.

(8) Collection of Non-Industrial Waste. If CONTRACTOR collects non- industrial waste:

(i) Except as provided by subsection (iv) below,
CONTRACTOR's collection of non- industrial waste as herein provided is a material breach of this Agreement. If CONTRACTOR collects non-industrial waste, in addition to any other remedies the CITY may have, including but not limited to terminating this Agreement, CITY shall impose liquidated damages as provided by subsection 23(d), beginning with the first full or partial day that non- industrial waste was collected and continuing, daily, until the collection of non-industrial waste ceases and CONTRACTOR's equipment is removed from the business.

(ii) In addition to paying liquidated damages, CONTRACTOR shall remove all of CONTRACTOR's equipment and discontinue collection service within two (2) business days after receiving written notice from the Public Works Director or designee ("Director'') of the collection of non- industrial waste, except as provided in subsection (iii), below.

(iii) Upon request of CONTRACTOR for a determination
whether a particular business is classified "industrial," as guided by or defined herein or by Stockton Municipal Code 8.04.290 as amended, the Public Works Director or designee ("Director') shall, within ten (10) business days after receipt of the request, advise CONTRACTOR in writing of the Director's determination. In making the determination, the Public Works Director or designee shall ascertain whether the City business license classification of the business is "industrial" or "non-industrial" in accordance with section

5.08.050 (Manufacturing, Packing, and Processing) of the Stockton Municipal Code. The Public Works Director or designee shall designate the business "industrial" or "non- industrial" based upon the definitions set forth in Stockton SMC 5.08. 050 as amended, and with reference, as necessary, to the business license classification.

The Public
Works Director or designee shall notify all affected parties of the "industrial" or "non-industrial" designation, including exclusive franchisees and non-exclusive commercial and industrial collectors. CONTRACTOR, exclusive franchisees, and non- exclusive commercial and industrial collectors may appeal the Public Works Director or designee's decision by filing a written appeal with the Public Works Director or designee within ten (10) business days of the decision. The Public Works Director or designee shall render a decision on the appeal within ten (10) business days and notify all affected parties of such decision.

The Public Works Director or designee 's appeal decision shall be final.

(iv) Notwithstanding subsections (i), (ii) and (iii), above, if CITY subsequently determines that its original determination that classified a business as industrial was erroneous, then CITY shall notify CONTRACTOR that the business is not industrial and CONTRACTOR shall, within three (3) business days after receipt of said notice ("Grace Period") remove CONTRACTOR's equipment and discontinue the EXHIBIT 1
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collection service. If the CONTRACTOR removes CONTRACTOR's equipment and discontinues the collection service at the business within the Grace Period, no liquidated damages shall be assessed against CONTRACTOR and the CONTRACTOR shall not be in default under the Agreement. However, if the CONTRACTOR has not removed CONTRACTOR's equipment and discontinued the collection service at the business within the Grace Period, liquidated damages shall be assessed against the CONTRACTOR by the CITY pursuant to section 23(d), below.

In the case of a breach related to the above sections, except section 23(c)(8), above, and the breach continues for more than thirty (30) calendar days after written notice from the City Manager for the correction thereof, provided that where such breach is subject to cure but cannot be fully cured within such thirty (30) day period, the CONTRACTOR shall not be in default of this Agreement if CONTRACTOR shall have commenced such action required to cure the particular breach within ten (10) cale ndar days after such notice, and it continues such performance diligently until completed.

d. Liquidated Damages. The Parties recognize that if CONTRACTOR fails to perform its obligations, the City and residents of City will suffer damages that are and will be impractical and extremely difficult to ascertain and determine. The parties agree that the liquidated damages as provided hereafter represent a reasonable estimate of the amount of such damages for breach(es) of the provisions of this Agreement, without prejudice to City's right to treat uncorrected non-performance as an Event of Default and subject to termination. Liquidated Damages are paid as damages and not as a penalty.

Notwithstanding any other remedy provided for by this Agreement, CONTRACTOR agrees to pay liquidated damages for each day CONTRACTOR is in breach or violation of any term or provision of this Agreement.

Liquidated damages
shall be in addition to the obligation of the CONTRACTOR to cure the default or violation as required by section 23 of this Agreement. The number of liquidated damages for each breach or violation shall be one hundred dollars ($100) for the first day of each breach, two hundred and fifty dollars ($250) for the second day of each breach and five hundred dollars ($500) for the third day and for each day thereafter until each breach or violation is cured. These liquidated damages shall be in addition to any other action, including but not limited to termination of the Agreement, that the City may elect to take against the CONTRACTOR for a breach or violation of the Agreement.

Except with respect to violations of section 23(c)(8), above, prior to assessing liquidated damages, and in addition to any other available remedies City may impose, City shall provide written notice to CONTRACTOR of its intention to do so. The notice shall include a brief description of the incident or nonperformance. CONTRACTOR may review (and copy at its own expense) all information in the possession of City relating to the assessment of liquidated damages. THE CONTRACTOR may, within ten (10) working days after rec eiving the notice, request a meeting with the appropriate City representative. CONTRACTOR may present evidence in writing and through testimony of its employees and others relevant to the incident or nonperformance. The City EXHIBIT 1
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representative shall provide CONTRACTOR with a brief written explanation of his or her determination regarding each breach prior to authorizing the assessment of liquidated damages. The decision of the City representative shall be final. The assessment of liquidated damages issued by the City shall be made in writing and the CONTRACTOR shall, at its own expense, remit to the City the damages specified in said assessment within fifteen (15) days thereafter.

With respect to violations of section 23(c)(8) above, liquidated damages may be assessed by the City upon expiration of the applicable cure period. e. Force Majeure. Neither party shall be responsible for delays or failures in performance resulting from acts of God, acts of civil or military authority, terrorism, fire, flood, strikes, war, epidemics, pandemics, shortage of power or other acts or causes reasonably beyond the control of that party. The party experiencing the force majeure event agrees to give the other party notice promptly following the occurrence of a force majeure event, and to use diligent efforts to re- commence performance as promptly as commercially practicable.

Section 24. Conditions Upon Termination.
a. In the event the Industrial Waste Agreement is terminated:

(1) CONTRACTOR shall have no right or authority to engage in industrial waste collection, transportation or disposal operations in the CITY.

(2) CONTRACTOR shall, however, remain liable to the CITY for all Contractor fees that would otherwise be payable by CONTRACTOR, for all late payment charges and interest assessed pursuant to Section 7 of this Agreement, for any and all delinquent report charges assessed pursuant to Section 12 of this Agreement, and for any indemnity obligations under Section 16.
(3) CONTRACTOR shall have a continuing obligation to submit to the CITY all reports required by Section 12 of this Agreement which relates to industrial waste collection activities performed by CONTRACTOR up to and including the date of termination.

(4) CONTRACTOR shall allow the industrial waste generators served by CONTRACTOR to arrange industrial waste collection services with a collector authorized to perform such services, without penalty or liability for breach of contract on the part of the generators.

b. In the event this Agreement is terminated, then within the time period specified by the CITY and if directed by the City Manager, CONTRACTOR shall remove all of CONTRACTOR's industrial waste collection containers from all of CONTRACTOR's collection service locations and shall properly divert or dispose of all industrial waste EXHIBIT 1
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collection in such containers.

c. In the event this Agreement is terminated, then within ten (10) days of such termination or expiration and upon notification by the City Manager to do so, CONTRACTOR shall:

(1) Submit to the City Manager a list of the names and addresses of industrial waste generators in the CITY for which CONTRACTOR provided services as of the date of termination or expiration (i.e., CONTRACTOR's customer list); and

(2) Send written notification to each industrial waste generator on CONTRACTOR's customer list that CONTRACTOR is no longer authorized to provide industrial waste collection in the CITY. Such notification shall be in the form provided by the City Manager and shall be personally delivered or shall be sent by first -class mail, postage prepaid, to the customers' billing addresses. CONTRACTOR shall submit to the City Manager an affidavit, signed under penalty of perjury, stating that the required notification has been provided by CONTRACTOR to all of CONTRACTOR's customers in the CITY.

Section 25. Notices.

Except as otherwise provided in this Agreement, all notices required by this Agreement shall be given by personal service or by deposit in the United States mail, postage pre-paid and return receipt requested, addressed to the parties as follows:

To CITY: Jo hnny Ford, City Manager
City of Stockton
425 N. El Dorado Street, 2nd Floor
Stockton, CA 95202

To CONTRACTOR: Tim Reiber, Vice President of Sales & Marketing GreenWaste of Central Valley, LLC
2540 N. 1 st St #300
San Jose, CA 95131

Notice shall be deemed effective on the date personally served or, if mailed, on the second (2nd) business day after the date it was postmarked and mailed.

Section 26. Relationship of Parties
The parties intend that the CONTRACTOR shall perform the services required by this Agreement as an independent contractor and not as an officer or employee of the CITY nor as a partner of or joint ventures with the CITY.

No employee or agent of the
CONTRACTOR shall be deemed to be an employee or agent of the CITY. Except as expressly provided herein, the CONTRACTOR shall have the exclusive control over the EXHIBIT 1
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manner and means of conducting the industrial waste collection services performed under this Agreement and all persons performing such services. CONTRACTOR shall be solely responsible for the acts and omissions of its officers, employees, subcontractors and agents shall not obtain any rights to retirement benefits, worker's compensation benefits, or any other benefits which accrue to the employees of the CITY by virtue of their employment with the CITY.

CONTRACTOR agrees that this Agreement is not made in the interest of, or on behalf of, any undisclosed person, partnership, association, organization, or corporation. CONTRACTOR has not directly or indirectly colluded, conspired, connived or agreed with any person, partnership, association, organization, or corporation to secure any advantage against the CITY.

Section 28. Governing Law

This Agreement shall be governed by, construed and enforced in accordance with, the laws of the City of Stockton, the State of California, and the United States.

Section 29. Jurisdiction

Any lawsuits between the parties arising out of this Agreement shall be brought and concluded in the courts of the State of California, in San Joaquin County, which shall have exclusive jurisdiction over such lawsuits. With respect to venue, the parties agree that this Agreement is made in and will be performed in the CITY. Federal courts may have jurisdiction over certain lawsuits arising from this Agreement and these should be brought and concluded within the federal system, Eastern District of California.

Section 30. Agreement Not Assignable
Any agreement granted is a privilege to be held in trust by the original CONTRACTOR. This Agreement entered by the CITY shall not be transferred, sold, leased, assigned, or relinquished, or delegated to another person, either in whole or in part, whether by forced sale, merger, consolidation, bankruptcy laws or otherwise.

Section 31. Waiver
The waiver by either party of any breach or violation of any provisions of this Agreement shall not be deemed to be a waiver of any breach or violation of any other provision nor of any subsequent breach or violation of the same or any other provision.

The subsequent acceptance by either party of any monies which become due hereunder shall not be deemed to be a waiver of any preexisting or concurrent breach or violation by the other party of any provision of this Agreement.

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Section 32. CONTRACTOR's Investigation

CONTRACTOR has made an independent investigation and is satisfied that it knows the conditions and circumstances surrounding the Agreement, and the responsibilities and duties required by said agreement.

Section 33. Notice

The parties agree that CONTRACTOR shall be entitled to notice of at least one hundred and twenty (120) days prior to the expiration of this Agreement in the event the CITY determines to change the system from a non- exclusive collection system to an exclusive collection system after expiration of the term hereof. The parties acknowledge that this Agreement fulfills the CITY's obligation under Section 49520 through 49524 of the Public Resources Code.

Section 34. Entire Agreement

This Agreement represents the full and entire Agreement between the parties with respect to the matters covered herein.

Section 35. Interpretation

This Agreement shall be interpreted and construed reasonably and neither for

nor against either party, regardless of the degree to which either party participated in its drafting. This Agreement is not intended to create any rights in any third party or parties, notwithstanding the provisions of section 23(c)(8).

Section 36. Amendment
This Agreement may not be modified or amended in any respect except by a written agreement duly approved and signed by the parties and approved by the City Council.

Section 37. Severability
The provisions of this Agreement are severable to the extent that should any of its provisions or terms be declared void in whole or in part by operation of law or agreement of the parties, the remainder of the provisions or terms not expressly declared void shall remain enforceable and in full effect.

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Section 38. Authority to Execute
T
he undersigned represent and warrant they are each duly authorized by the parties to execute this Agreement and carry out the duties and responsibilities agreed to herein.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above.

CI
TY OF STOCKTON, a municipal corporation
B
y: ______________________________

JOHNNY FORD, CITY MANAGER

GREENWASTE of CENTRAL CITY

VALLEY, LLC,
By: ____________________________

TIM REIBER, VP SALES &

MARKETING
ATTEST:

KATHERINE ROLAND, CMC, CPMC
CLERK
By: __________________________
APPROVED AS TO FORM:

OFFICE OF THE CITY ATTORNEY
By: ________________________

ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM:

COUNSEL FOR CONTRACTOR
By: _________________________
[Name, Title]
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City of Stockton
Legislation Text
File #: 25-1398, Version: 1

APPROVE MOTION TO AWARD A PROFESSIONAL SERVICES CONTRACT FOR THE MAIN STREET AND MARKET STREET COMPLETE STREETS PHASE 1 PROJECT

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

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

2. Award a Professional Services Contract to Siegfried Engineering, Inc. of Stockton, CA, in the amount of $920,000, for design of the Main Street and Market Street Complete Streets Phase 1, Project No. WT25043/State Project No. ATPL-5008(212).

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

Summary
Main Street and Market Street act as primary corridors that connect communities east of Highway 99 with Downtown Stockton (Attachment A). On April 15, 2025, by Resolution No. 2025-04-15-1603, Council approved an Initial Study/Negative Declaration and Precise Road Plan (PRP) for the Main Street and Market Street Complete Streets project located between Center Street and the State Route 99 overpass. The Main Street and Market Street Complete Streets project has been broken into two phases. Phase 1 includes Main Street and Market Street from California Street to Sierra Nevada Street, while Phase 2 extends along Main Street from Sierra Nevada Street to Sullivan Avenue.

The City secured approximately $9.942 million from federal, State, and local funding sources to design and construct the Main Street and Market Street Complete Streets Phase 1 project. The project was included in the 2025-30 Five-Year Capital Improvement Plan (CIP).

On September 15, 2025, the City advertised a Request for Proposals (RFP) for design of the Main Street and Market Street Complete Streets Phase 1, Project No. WT25043/State Project No. ATPL- 5008(212). On October 15, 2025, three firms submitted a proposal for this project. The Selection Committee evaluated the proposals and found Siegfried Engineering, Inc. of Stockton, CA, to be the most qualified firm to perform the scope of work for design services on this project.

It is recommended that Council approve a motion authorizing the City Manager to execute a Professional Services Contract, in the amount of $920,000, with Siegfried Engineering, Inc. for design services. It is anticipated that the design will be completed by December 2026.

City of Stockton Printed on 1/22/2026Page 1 of 3
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File #: 25-1398, Version: 1

DISCUSSION
Background
Main Street and Market Street act as primary corridors that connect communities east of Highway 99 with Downtown Stockton (Attachment A). On April 15, 2025, by Resolution No. 2025-04-15-1603, Council approved an Initial Study/Negative Declaration and PRP for the Main Street and Market Street Complete Streets project located between Center Street and the State Route 99 overpass.

The environmental document and PRP effort were funded by Measure K and local funds. The PRP will serve as the guiding framework for the design and implementation of the Main Street and Market Street Complete Streets projects that have been broken into two phases. Phase 1 includes Main Street and Market Street from California Street to Sierra Nevada Street. Phase 2 extends along Main Street from Sierra Nevada Street to Sullivan Avenue.

The PRP calls for a reduction in the number of vehicle travel lanes from two lanes to one lane in each direction with buffered bicycle lanes, signal and lighting improvements, pedestrian and bicycle amenities, and accessible street crossings. Access will also be improved to community locations such as the Fair Oaks Library, the United States Postal Service office, Stribley Park Community Center, as well as employment and/or retail centers along the corridor.

Public Works’ staff submitted applications for funding to the Cycle 6 Active Transportation Program (ATP) for the Main Street and Market Street Complete Streets Phase 1 project. The ATP encourages increased use of active modes of transportation, such as bicycling and walking. There are two separate Statewide and Regional competitive calls for project funding applications. Statewide competitive funds are administered by Caltrans, and the San Joaquin Council of Governments administers the Regional competitive funds. The City was successful in receiving competitive State and federal ATP funding in the amounts of $6.083 million and $2.143 million, respectively. Including a required local match of $1.716 million, total funding for the project totals approximately $9.942 million. The California Transportation Commission recently appropriated $1.333 million in State funds at their June 2025 meeting for the City to use in design. The project was included in the 2025- 30 Five-Year CIP.

In fall 2024, the City was awarded Safe Streets and Roads for All (SS4A) funding to help fund the design and construction of Phase 2. The design of Phase 2 cannot commence until SS4A funding is confirmed, programmed, and funding agreements are executed. It is possible that design of Phase 2 could start by late 2027.

Present Situation
On September 15, 2025, the City advertised an RFP for design of the Main Street and Market Street Complete Streets Phase 1, Project No. WT25043/State Project No. ATPL-5008(212). On October 15, 2025, three proposals were received from the following firms:
· Siegfried Engineering, Inc. (Stockton, CA)
· R.E.Y. Engineers, Inc. (Folsom, CA)
· Sandis (Oakland, CA)
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File #: 25-1398, Version: 1
The Selection Committee evaluated and ranked all proposals based on each firm’s understanding of work, experience with similar kinds of work, qualifications of proposed team, capability of developing innovative or advanced techniques, familiarity with State procedures, and demonstrated technical ability.

Siegfried Engineering, Inc. received the highest ranking. Staff negotiated a fee in the amount of $920,000 with Siegfried Engineering, Inc. for design services. The fee is approximately 11 percent of the estimated construction cost, which is reasonable for a project of this type and complexity.

It is recommended that Council approve a motion authorizing the City Manager to execute a Professional Services Contract, in the amount of $920,000, with Siegfried Engineering, Inc. for design services of the Main Street and Market Street Complete Streets Phase 1 project. It is anticipated that the design will be completed by December 2026.

Findings
Pursuant to Stockton Municipal Code (SMC) section 3.68.070, Council may approve findings which support an exception to the competitive bidding process. These findings include:

1. The City does not have sufficient staff and expertise to design this project.

2. Use of the RFP process is appropriate for this Professional Services Contract because it relies on the evaluation of professional qualifications and performance as the basis for selection of a vendor. Use of the criteria helps ensure selection of a vendor that will provide the highest quality professional service, which is in the public interest.

3. The City negotiated a contract following solicitation of competitive proposals in accordance with SMC section 3.68.070.A.3.

FINANCIAL SUMMARY
There is sufficient funding available in the Main Street and Market Street Complete Streets Phase 1, Project No. WT25043/State Project No. ATPL-5008(212), to award a Professional Services Contract in the amount of $920,000 to Siegfried Engineering, Inc. of Stockton, CA.

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

Attachment A - Vicinity Map
Attachment B - Professional Services Contract with Siegfried Engineering, Inc.

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MAIN STREET AND MARKET STREET COMPLETE STREETS PHASE 1
(CITY PROJECT NO. WT25043 / STATE PROJECT NO. ATPL-5008(212))

CITY OF STOCKTON

PUBLIC WORKS DEPARTMENT
VICINITY MAP:

NOTTO SCALE
PROJECT LIMITS ■
CITY LIMITS 0

ATTACHMENT A
172
State Professional Services Contract – SIGFRIED ENGINEERING, INC. – Main Street and Market Street Complete Streets Phase 1 – Project No. WT25043/State Project No. ATPL-5008(212) (Updated 10/18/23)

PROFESSIONAL SERVICES CONTRACT
(for State funded projects)
THI
S CONTRACT is entered into this day of 2026, between the CITY OF STOCKTON, a municipal corporation (“City”), and SIEGFRIED ENGINEERING, INC. whose address is 3428 BROOKSIDE ROAD, STOCKTON, CA 95219 (“Consultant”) for the MAIN STREET AND MARKET STREET COMPLETE STREETS PHASE 1, PROJECT NO. WT25043/STATE PROJECT NO. APTL -5008(212) hereinafter referred to as “Project”.

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

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

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

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

2. COM
PENSATION. City shall pay Consultant for services outlined in EXHIBIT B according to the fee not to exceed the schedule detailed in EXHIBIT C, which is attached to this Contract and incorporated by this reference. Consultant agrees this fee is for full remuneration for performing all services and furnishing all staffing and materials called for in the scope of services. The payments shall be made on a monthly basis upon receipt and approval of Consultant’s invoice. Total compensation for services and reimbursement for costs shall not exceed $920,000 or as otherwise mutually agreed to in a Contract Amendment.

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

4. INDE
MNITY AND HOLD HARMLESS. Pursuant to the full language of California Civil Code §2782, design Professional agrees to indemnify, including the cost to defend, City of Stockton and its officers, officials, employees, and volunteers from and against any and all claims, demands, costs, or liability that arise out of, or pertain to, or

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ATTACHMENT B
173
State Professional Services Contract – SIGFRIED ENGINEERING, INC. – Main Street and Market Street Complete Streets Phase 1 – Project No. WT25043/State Project No. ATPL-5008(212) (Updated 10/18/23) relate to the negligence, recklessness, or willful misconduct of Design Professional and its employees or agents in the performance of services under this contract, but this indemnity does not apply to liability for damages arising from the sole negligence , active negligence, or willful acts of the City of Stockton; and does not apply to any passive negligence of the City of Stockton unless caused at least in part by the Design Professional. The City of Stockton agrees that in no event shall the cost to defend charged to the Design Professional exceed that professional’s proportionate percentage of fault.

This duty to indemnify shall not be waived or modified by contractual agreement or acts of the parties.

5. SCHE
DULE AND TERM. Consultant shall perform the scope of work as described in EXHIBIT A according to the schedule detailed in EXHIBIT C, which is attached to this Contract and incorporated by this reference. This contract shall commence on the date written above and shall expire on DECEMBER 15 , 2029, unless extended by mutual agreement through the issuance of a Contract Amendment.

A. Inv
oices submitted by Consultant to City must contain a brief description of work performed, time used and City project number. Payment shall be made within thirty (30) days of approval of invoice by City.

B. Upon c
ompletion of work and acceptance by City, Consultant shall have sixty (60) days in which to submit final invoicing for payment. An extension may be granted by City upon receiving a written request thirty (30) days in advance of said time limitation. City shall have no obligation or liability to pay any invoice for work performed which Consultant fails or neglects to submit within sixty (60) days, or any extension thereof granted by the City, after work is accepted by City.

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

A. TITL
E VI
Ti
tle VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” (42 USC Section 2000d). http://www.dol.gov/oasam/regs/statutes/titlevi.htm.

The C
ity of Stockton requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source.

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ATTACHMENT B
174
State Professional Services Contract – SIGFRIED ENGINEERING, INC. – Main Street and Market Street Complete Streets Phase 1 – Project No. WT25043/State Project No. ATPL-5008(212) (Updated 10/18/23) B. DISCRIMINATION AND HARASSMENT POLICY
The C
ity of Stockton has a Discrimination and Harassment Policy (EXHIBIT F).

The purpose of this policy is to reaffirm the City’s commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace, to define the types of behavior and conduct prohibited by this policy, and to set forth a procedure for reporting, investigating, and resolving complaints of discrimination and harassment in the workplace.

C. LABO

R STANDARDS PROVISIONS/CALIFORNIA LABOR CODE
The bi
dder shall understand that conditions set forth in Chapter 1, Part 7, Division 2 of the California Labor Code shall be considered part of the contract agreement.
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=LA B&division=2.&title=&part=7.&chapter=1.&article=2.

D. PREVAI

LING WAGE RATES
Cons
ultant and any subcontractor shall pay each employee engaged in the trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has determined the general prevailing rates of wages and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093 and similar purposes applicable to the work to be done.

Consultant performing the work under this contract shall obtain a copy of the wage rate determination and shall distribute copies to each subcontractor. As the wage determination for each craft reflects an expiration date, it shall be the prime Consultant and each subcontractor's responsibility to e nsure that the prevailing wage rates of concern is current and paid to the employee. i. The Consultant performing the work shall be responsible for obtaining a copy of the State wage rate determination. State wage rates may be obtained at
http://www.dir.ca.gov/OPRL/pwd/Determinations/Northern/Northern.pdf.

The Consultant shall be responsible for posting said wage rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work.
ii. Shoul
d the Consultant choose to work on a Saturday, Sunday or on a holiday recognized by the Labor Unions, the Consultant shall reimburse the City the actual cost of engineering, inspection, superintendence, and or other overhead expenses which are directly chargeable to the

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ATTACHMENT B
175
State Professional Services Contract – SIGFRIED ENGINEERING, INC. – Main Street and Market Street Complete Streets Phase 1 – Project No. WT25043/State Project No. ATPL-5008(212) (Updated 10/18/23) contract. Should such work be undertaken at the request of the City, reimbursement will not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, of the Labor Code of the State of California. To forfeit as a penalty to City the sum of TWENTY FIVE AND NO/100 DOLLARS ($25.00) for each laborer, worker, or mechanic employed by Consultant, or by any subcontractor under Consultant, in the execution of this contract, for each calendar day during which any laborer, worker, or mechanic is required or permitted to work more than eight (8) hours and who is not paid the general prevailing rate of per diem wages for holiday and overtime work in violation of the provisions of Sections 1770 to 1781 of the Labor Code of the Sta te of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract.
iii. PA
YROLL RECORDS The Consultant to whom the contract is awarded shall ensure that the prime and each subcontractor will, in accordance with Section 1776 of the Labor Code, maintain certified payroll records.

A copy of said records shall be provided with each invoice to the Public Works Department, Attention: Contract Compliance Officer. It shall be the Consultant’s responsibility to obtain copies of the current prevailing wage rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code.
iv. A
PPRENTICESHIP STANDARDS The Consultant shall comply with the provisions established in Section 1777.5 of the Labor Code concerning the 1) certified approval by local joint apprenticeship committees for the employment and training of apprentices, and 2) contribution of funds to administer and conduct apprenticeship programs, if applicable to the job.

E. APPENDIX E OF THE TITLE VI ASSURANCES
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest agrees to comply with Appendix E of the Title VI Assurances attached as Exhibit F.

F. SA

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

7. RIG
HTS AND DUTIES OF CITY. City shall make available to Consultant all data and information in the possession of City which both parties deem necessary to

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ATTACHMENT B
176
State Professional Services Contract – SIGFRIED ENGINEERING, INC. – Main Street and Market Street Complete Streets Phase 1 – Project No. WT25043/State Project No. ATPL-5008(212) (Updated 10/18/23) complete the work, and City shall actively aid and assist Consultant in obtaining such information as may be deemed necessary from other agencies and individuals.

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

9. OW
NERSHIP OF WORK. All reports, drawings, designs, plan review comments, work product, and all other documents completed or partially completed by Consultant in the performance of this Contract shall become and remain the property of the City. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Consultant agrees to execute any additional documents that may be necessary to evidence such assignment. All materials shall be delivered to the City upon completion or termination of the work under this Contract. If any materials are lost, damaged, or destroyed before final delivery to the City, the Consultant shall replace them at its own expense. Consultant shall keep materials confidential. Materials shall not be used for purposes other than performance of services under this Contract and shall not be disclosed to anyone not connected with these services unless the City expressly provides prior written consent.

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

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

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

12. CONS
ULTANT STATUS. In performing the obligations set forth in this Contract, Consultant shall have the status of an independent contractor and Consul tant

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ATTACHMENT B
177
State Professional Services Contract – SIGFRIED ENGINEERING, INC. – Main Street and Market Street Complete Streets Phase 1 – Project No. WT25043/State Project No. ATPL-5008(212) (Updated 10/18/23) shall not be considered to be an employee of the City for any purpose. All persons working for or under the direction of Consultant are its agents and employees, and are not agents of the City. Subcontractors shall not be recognized as having any direct or contractual relationship with the City. The persons engaged in the work, including employees of subcontractors and suppliers, will be considered employees of Consultant.

The Consultant shall be responsible for the work of subcontractors, which shall be subject to the provisions of this Contract. The Consultant is responsible to the City for the acts and omissions of its subcontractors and persons directly or indirectly employed by them.

A. If in
the performance of this Contract any third persons are employed by Consultant, such persons shall be entirely and exclusively under the direction, supervision, and control of Consultant. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by Consultant.
i. It is
further understood and agreed that Consultant must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Consultant’s personnel.
ii. As an ind
ependent contractor, Consultant hereby indemnifies and holds City harmless from any and all claims that may be made against the City based upon any contention by any third party that employer -employee relationship exists by reason of this Contract.

13. ASSIG
NMENT. Consultant shall not assign, sublet, or transfer this Contract or any interest or obligation in the Contract without the prior written consent of the City, and then only upon such terms and conditions as City may set forth in writing. Consultant shall be solely responsible for reimbursing subcontractors.

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

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

To Consul
tant:

Siegfried Engineering, Inc.
3428 Brookside Road
Stockton, CA 95219
To City:

Public Works Director
City Of Stockton
22 E. Weber Ave., Rm. 301
Stockton, CA 95202

16. LICEN
SES, CERTIFICATIONS, AND PERMITS. Prior to the City’s
execution of this Contract and prior to the Consultant’s engaging in any operation or activity set forth in this Contract, Consultant shall obtain a City of Stockton business license, which must be kept in effect during the term of this Contract. Consultant

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ATTACHMENT B
178
State Professional Services Contract – SIGFRIED ENGINEERING, INC. – Main Street and Market Street Complete Streets Phase 1 – Project No. WT25043/State Project No. ATPL-5008(212) (Updated 10/18/23)

covenants that it has obtained all certificates, licenses, permits and the like required to perform the services under this Contract.

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

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

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

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

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

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

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

23. INTEGRATION AND MODIFICATION. The response by Consultant to the Request for Proposals and the Request for Proposals on file with the City Clerk are hereby incorporated herein by reference to the extent that such documents do not differ from the provisions and terms of this Contract that shall supersede such response to Request for Proposals. This Contract represents the entire integrated agreement between Consultant

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ATTACHMENT B
179
State Professional Services Contract – SIGFRIED ENGINEERING, INC. – Main Street and Market Street Complete Streets Phase 1 – Project No. WT25043/State Project No. ATPL-5008(212) (Updated 10/18/23) and City, supersedes all prior negotiations, representations, or agreements, either written or oral, between the parties, and may be amended only by written instrument signed by Consultant and City. All exhibits and this contract are intended to be construed as a single document. Should any inconsistency occur between the specific terms of this Contract and the attached exhibits, the terms of this Contract will prevail.

24. STATE CO
NTRACT PROVISIONS. Consultant shall comply with the State Funded Consultant Contract Provisions which are attached hereto as EXHIBIT “E” and incorporated herein by this reference.

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

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

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

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

CITY
OF STOCKTON SIEGFRIED ENGINEERING, INC.

By: B
y:

JOHNNY FORD Si gnature

CITY MANAGER
ATTES
T:

Prin t Name
By:

KATHERINE ROLAND, CMC, CPMC Tit le:

CITY CLERK

APPROVED
AS TO FORM:

By:

DEPUTY CITY ATTORNEY

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Paul Schneider
President

ATTACHMENT B
180
70 YEARS OF ENGINEERING INNOVATION AND COMMUNITY IMPACT 3428 Brookside Road, Stockton, CA 95219 ■ t | 209.943.2021 f | 209.942.0214 ■ siegfried eng .com 22 CIVIL STRUCTURAL GEOTECH SURVEY LANDSCAPE OUTREACH
SECTION 4 | DETAILED WORK PLAN

SCOPE OF WORK
Siegfried will provide preliminary and final engineering services leading to the completion of plans, specifications, and estimates for construction of the desired improvements from California Street to Sierra Nevada Street, per the approved Precise Road Plan (PRP).

Siegfried will provide project management, coordination, and preparation of all required construction documents. This work will include the following tasks:

TASK 1 | BACKGROUND RESEARCH
Siegfried will research and review existing topographic mapping, photos, right of way maps, “as-built” plans, record maps, surveys, assessor maps, local street improvement plans, collision reports, sight distance, approach speed, total pedestrians and vehicle volumes, public transit routes, grade, need of advance warning signs and flashers, and other geometrical and operational characteristics for the project.

Siegfried will conduct field reconnaissance of the entire project limits. Siegfried will work with all pertinent utilities to identify conflicts, coordinate utility plan reviews, conduct necessary coordination meetings, and locate designed improvements as required to facilitate any utility relocations. Siegfried will coordinate with the City to route this information to utility companies. Siegfried will show existing utilities that will be impacted or cause impact by the proposed project. Siegfried will arrange and coordinate with all utility companies, within the project sphere, to resolve utility issues.

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

In addition to key topographic survey augmentations of the work performed during the PRP phase, Siegfried will perform roadway coring every 500 to 1,000 feet to determine the roadway structural section as well as the R-Value of the subgrade. The results will be presented in a pavement evaluation memo for use in coordinating city roadway maintenance projects to optimize the final state of the roadway corridor.

TASK 1.2 | UTILITY COORDINATION
Siegfried will be responsible for performing utility investigations and coordination with utility owners throughout the project development process. Siegfried will be present at all necessary meetings with each utility owner. Siegfried will be responsible for, but not limited to, the following:
» Prepare a project limits map and request utility information from each utility owner within the area of work.
» Prepare Utility Letter “A” during preliminary design phase to the affected utility owners for City to review and approve prior to transmitting to utility owners. Information on existing utilities obtained as a result of the “A” letter will be transferred to base maps in both plan and profile view.

A copy of the utility data obtained from utility owners will be provided to the City and the originals will be filed in the project files.
» Prepare Utility Letter “B” during 65% design phase to the affected utility owners for City to review and approve prior to transmitting to utility owners. Two sets of half- sized 65% plans will be provided to each utility owner as an attachment to the letter. The letter will request that utility owners verify any utility conflicts with proposed improvements and indicate whether any future utilities are proposed in the area that may require accommodation
through the improved area. Information on existing
utilities obtained as a result of the “B” letter will be used to determine potential utility conflicts and to resolve the conflicts identified. A copy of the utility data obtained from utility owners will be provided to the City and the originals will be filed in the project files.
» Prepare Utility Letter “C” during 100% design phase to the affected utility owners for City to review and approve prior to transmitting to utility owners. Two sets of half- sized 100% plans will be provided to each utility owner as an attachment to the letter. The letter will indicate to the utility owners whether any changes have been made
to the project plans since the Utility Letter “B” and will request written confirmation of utility relocations and utility relocation schedule. A copy of the utility data obtained from utility owners will be provided to the City and the originals will be filed in the project files.
» Siegfried will meet with utility companies as needed
to id
entify conflicts and drive relocations performed
if ne
cessary.
» Siegfried will provide potholing or non-destructive ground penetrating utility locating for accurate identification of utilities (a total of 12 locations throughout the corridor are
included).

TAS
K 2 | PLANS, SPECIFICATIONS, AND ESTIMATE (PS&E)
Siegfried will prepare complete PS&E documents, which
include design improvement plans for demolition, grading, striping, electrical, drainage, paving, staging, erosion control, traffic control, and up to eight (8) signal modifications, lighting, and other civil details as well as technical specifications, and engineer’s estimate. Siegfried will prepare a base map showing existing information to facilitate the design of all the necessary improvements in accordance with the City of Stockton
Standard Plans and Specifications, current Caltrans Standard Specifications, and current MUTCD, as appropriate.

EXHIBIT A

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ATTACHMENT B
181
70 YEARS OF ENGINEERING INNOVATION AND COMMUNITY IMPACT 3428 Brookside Road, Stockton, CA 95219 ■ t | 209.943.2021 f | 209.942.0214 ■ siegfried eng .com 23 CIVIL STRUCTURAL GEOTECH SURVEY LANDSCAPE OUTREACH
SECTION 4 | DETAILED WORK PLAN
Prepare a base map showing existing information to facilitate the design of all the necessary improvements using the City’s latest Benchmark information. The base map limits shall be sufficient to cover all necessary improvements within the project area.

The project shall use the existing curb-to-curb width. Siegfried will conform the design to comply with the American with Disabilities Act. If dual accessible ramps cannot be provided, Siegfried will provide justification memos.

Siegfried will provide PS&E documents to the City for review at 30%, 65%, 90%, and 100% completion stage. Siegfried will provide one set of full size. 24”X36” plans (PDF), one set of specifications (PDF , Word) and the engineer’s estimate (PDF/ Excel) at each design stage. Siegfried will utilize Bluebeam software for the PDF submittals. With each stage of the review, Siegfried will review and incorporate comments, create a comment matrix to track all comments, and provide a signed Quality Control Checklist. Any comments not incorporated into the submittals shall be tracked and justification provided in the comment matrix. Siegfried will submit a comment response matrix from the previous submittal with the proceeding PS&E submittal at each design stage. Siegfried will provide the City electronic copies of the PS&E after the 100% comments have been incorporated as a final check prior to the plotting the plans on mylars.

Siegfried will provide all correspondence and work products for City files.

TASK 2.1 | 30% CONCEPTUAL LAYOUT
At a minimum the 30% design should include a basic geometric configuration of roadway striping layouts, curb alignments at round corner improvements, and typical cross sections. Siegfried will consider turning motions of Stockton Unified School District, Stockton Fire Department, San Joaquin Regional Transit
District, and Stockton Waste Management vehicles, as well as semitrucks with trailers when designing the project. A street lighting photometric analysis based on ANSI RP8 guidelines will be performed.

Signal modification will be included at Main and Market at California, American, Stanislaus, and Airport. Traffic signal plans will be developed for the modified eight (8) signals. It is assumed that existing signal plans will be provided by the City.

Railroad preemption in not necessary and not included in the scope. Lighting service needs will be coordinated by the design team on behalf of the City. The 30% layout is anticipated to be a refinement of the approved PRP .

TASK 2.2 | 65% PS&E
At a minimum the design should be developed to adequately identify locations of utilities, right-of-way, geometric features, and other design elements. Project estimates and specifications shall be included at this stage.

TASK 2.3 | 90% PS&E
The review comments from the 65% submittal shall be itemized and a written response to the comments shall be prepared in a comment matrix. The original red-line mark-up from the City shall be returned with the succeeding submittal.

TASK 2.4 | 100% PS&E
Complete design revisions from preliminary design. Detailed project estimates and specifications shall be included at this stage. Siegfried will provide the necessary final PS&E documents in a bid-ready form. Project files and the Project Engineer/ Resident Engineer file will also be submitted with the Final PS&E.

TASK 2.5 | QUALITY CONTROL
The PS&E shall be subject to quality control reviews before submittal. These reviews will ensure conformance to City and Standards, as well as minimize typographical omissions.

Siegfried will provide a signed Quality Control Checklist at the time of each deliverable submittal.

The PS&E shall be subject to quality control reviews before submittal. These reviews will ensure conformance to City and Caltrans Standards as well as minimize typographical omissions.

TASK 3.1 | PUBLIC OUTREACH
Utilizing information collected from the two public outreach meetings held for the Precise Road Plan, Siegfried will expand upon our research and update out database of potentially interested parties, which will continue to be updated throughout the project with names from the public meeting(s) sign-in; information from the project team; and from telephone, e-mail and personal contacts. The database will be coded according to interest and involvement with the project. Among the groups on the stakeholders list will be the following:
» District 5 Council member and other elected and appointed officials » Residents and property owners adjacent to the proposed project area » Businesses and other establishments adjacent to the project area » Emergency responders
» Stockton Unified School District
» Public Transit
» Utility Companies
» Pertinent City staff
» San Joaquin Rail Commission / UPRRR
» Community Organizations the expressed prior interest in the project and provided letters of support for numerous grant applications There will be a minimum of two (2) Public Information Meetings to present concepts and design features to the neighboring residents and businesses, and to the public. Siegfried, in collaboration with City staff, will determine the locations near the project site to have each meeting. Understanding that there are limitations to the changes that can be made to the Precise Road Plan, the meeting(s) will be designed primarily to educate and provide information on the project features, goals, and construction impacts.

EXHIBIT A

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