Agenda packet — City Council and Concurrent Authorities, May 12, 2026 (part 7 of 8)

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3 within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal.

6. Training and Promotion:
a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are
applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs (i.e., apprenticeship and on-the-job training programs for the geographical area of contract performance). In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve
training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a).
c. The contractor will advise employees and applicants for employment of available training programs and entrance
requirements for each.
d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion.

7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. 23 CFR 230.409. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below:
a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment.
b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability.
c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information.
d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the
requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency.

8. Reasonable Accommodation for Applicants /
Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established thereunder. Employers must provide reasonable
accommodation in all employment activities unless to do so would cause an undue hardship.

9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not
discriminate on the grounds of race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The
contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors, suppliers, and lessors of their EEO obligations under this contract.
b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations.

10. Assurances Required:
a. The requirements of 49 CFR Part 26 and the State
DOT’s FHWA-approved Disadvantaged Business Enterprise
(DBE) program are incorporated by reference.
b. The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems
appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying the contractor from future bidding as nonresponsible. c. The Title VI and nondiscrimination provisions of U.S.

DOT Order 1050.2A at Appendixes A and E are incorporated by reference. 49 CFR Part 21.

11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA. a. The records kept by the contractor shall document the following:

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4 (1) The number and work hours of minority and nonminority group members and women employed in each work classification on the project;
(2) The progress and efforts being made in cooperation
with unions, when applicable, to increase employment
opportunities for minorities and women; and
(3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women. b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project indicating the number of minority, women, and nonminority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July.

III. NONSEGREGATED FACILITIES
This provision is applicable to all Federal-aid construction contracts and to all related construction subcontracts of more than $10,000. 41 CFR 60-1.5.

As prescribed by 41 CFR 60-1.8, the contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin cannot result. The contractor may neither require such
segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location under the contractor's control where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas,
transportation, and housing provided for employees. The contractor shall provide separate or single-user restrooms and necessary dressing or sleeping areas to assure privacy
between sexes.

IV. DAVIS-BACON AND RELATED ACT PROVISIONS
This section is applicable to all Federal-aid construction projects exceeding $2,000 and to all related subcontracts and lower-tier subcontracts (regardless of subcontract size), in accordance with 29 CFR 5.5. The requirements apply to all projects located within the right-of-way of a roadway that is functionally classified as Federal-aid highway. 23 U.S.C. 113.

This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. 23 U.S.C. 101.

Where applicable law requires that projects be treated as a project on a Federal-aid highway, the provisions of this subpart will apply regardless of the location of the project. Examples include: Surface Transportation Block Grant Program projects funded under 23 U.S.C. 133 [excluding recreational trails projects], the Nationally Significant Freight and Highway Projects funded under 23 U.S.C. 117, and National Highway Freight Program projects funded under 23 U.S.C. 167.

The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 “Contract provisions and related matters” with minor revisions to conform to the FHWA1273 format and FHWA program requirements.

1. Minimum wages (29 CFR 5.5)
a. Wage rates and fringe benefits. All laborers and
mechanics employed or working upon the site of the work (or otherwise working in construction or development of the project under a development statute), will be paid
unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account
(except such payroll deductions as are permitted by
regulations issued by the Secretary of Labor under the
Copeland Act (29 CFR part 3)), the full amount of basic hourly wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the
Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. As provided in paragraphs (d) and (e) of 29 CFR 5.5, the appropriate wage determinations are effective by operation of law even if they have not been attached to the contract. Contributions made or costs reasonably anticipated for bona fide fringe benefits under the Davis-Bacon Act (40 U.S.C. 3141(2)(B)) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.e. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are
deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics must be paid the appropriate wage rate and fringe benefits on the wage
determination for the classification(s) of work actually performed, without regard to skill, except as provided in paragraph 4. of this section. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under paragraph 1.c. of this section) and the Davis-Bacon poster (WH–1321) must be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. b. Frequently recurring classifications. (1) In addition to wage and fringe benefit rates that have been determined to be prevailing under the procedures set forth in 29 CFR part 1, a wage determination may contain, pursuant to § 1.3(f), wage and fringe benefit rates for classifications of laborers and mechanics for which conformance requests are regularly
submitted pursuant to paragraph 1.c. of this section, provided that:
(i) The work performed by the classification is not
performed by a classification in the wage determination for which a prevailing wage rate has been determined;

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5 (ii) The classification is used in the area by the
construction industry; and
(iii) The wage rate for the classification bears a reasonable relationship to the prevailing wage rates contained in the wage determination.
(2) The Administrator will establish wage rates for such classifications in accordance with paragraph 1.c.(1)(iii) of this section. Work performed in such a classification must be paid at no less than the wage and fringe benefit rate listed on the wage determination for such classification.
c. Conformance. (1) The contracting officer must require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract be classified in conformance with the wage determination. Conformance of an additional
classification and wage rate and fringe benefits is appropriate only when the following criteria have been met:
(i) The work to be performed by the classification
requested is not performed by a classification in the wage determination; and
(ii) The classification is used in the area by the
construction industry; and
(iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(2) The conformance process may not be used to split,
subdivide, or otherwise avoid application of classifications listed in the wage determination.
(3) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their
representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken will be sent by the contracting officer by email to [email protected]. The Administrator, or an
authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary.
(4) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed
classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer will, by email to [email protected], refer the
questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized
representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary.
(5) The contracting officer must promptly notify the
contractor of the action taken by the Wage and Hour Division under paragraphs 1.c.(3) and (4) of this section. The contractor must furnish a written copy of such determination to each affected worker or it must be posted as a part of the wage determination. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 1.c.(3) or (4) of this section must be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.
d. Fringe benefits not expressed as an hourly rate.

Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor may either pay the benefit as stated in the wage determination or may pay another bona fide fringe benefit or an hourly cash equivalent thereof.
e. Unfunded plans. If the contractor does not make
payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, in accordance with the criteria set forth in § 5.28, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the
contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.
f. Interest. In the event of a failure to pay all or part of the wages required by the contract, the contractor will be required to pay interest on any underpayment of wages.

2. Withholding (29 CFR 5.5)
a. Withholding requirements. The contracting agency may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered
necessary to satisfy the liabilities of the prime contractor or any subcontractor for the full amount of wages and monetary relief, including interest, required by the clauses set forth in this section for violations of this contract, or to satisfy any such liabilities required by any other Federal contract, or federally assisted contract subject to Davis-Bacon labor standards, that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to Davis-Bacon labor standards requirements and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld. In the event of a
contractor's failure to pay any laborer or mechanic, including any apprentice or helper working on the site of the work all or part of the wages required by the contract, or upon the contractor's failure to submit the required records as discussed in paragraph 3.d. of this section, the contracting agency may on its own initiative and after written notice to the contractor, take such action as may be necessary to cause the
suspension of any further payment, advance, or guarantee of funds until such violations have ceased.
b. Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with paragraph

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6 2.a. of this section or Section V, paragraph 3.a., or both, over claims to those funds by:
(1) A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties;
(2) A contracting agency for its reprocurement costs;
(3) A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate;
(4) A contractor's assignee(s);
(5) A contractor's successor(s); or
(6) A claim asserted under the Prompt Payment Act, 31
U.S.C. 3901–3907.

3. Records and certified payrolls (29 CFR 5.5)
a. Basic record requirements (1) Length of record retention.

All regular payrolls and other basic records must be
maintained by the contractor and any subcontractor during the course of the work and preserved for all laborers and
mechanics working at the site of the work (or otherwise working in construction or development of the project under a development statute) for a period of at least 3 years after all the work on the prime contract is completed.
(2) Information required. Such records must contain the name; Social Security number; last known address, telephone number, and email address of each such worker; each
worker's correct classification(s) of work actually performed; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act); daily and weekly number of hours actually worked in total and on each covered contract; deductions made; and actual wages paid.
(3) Additional records relating to fringe benefits. Whenever the Secretary of Labor has found under paragraph 1.e. of this section that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act, the contractor must
maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits.
(4) Additional records relating to apprenticeship. Contractors with apprentices working under approved programs must
maintain written evidence of the registration of apprenticeship programs, the registration of the apprentices, and the ratios and wage rates prescribed in the applicable programs.
b. Certified payroll requirements (1) Frequency and method of submission. The contractor or subcontractor must submit weekly, for each week in which any DBA- or Related Actscovered work is performed, certified payrolls to the contracting agency. The prime contractor is responsible for the submission of all certified payrolls by all subcontractors. A contracting agency or prime contractor may permit or require contractors to submit certified payrolls through an electronic system, as long as the electronic system requires a legally valid electronic signature; the system allows the contractor, the contracting agency, and the Department of Labor to access the certified payrolls upon request for at least 3 years after the work on the prime contract has been completed; and the contracting
agency or prime contractor permits other methods of
submission in situations where the contractor is unable or limited in its ability to use or access the electronic system. (2) Information required. The certified payrolls submitted must set out accurately and completely all of the information required to be maintained under paragraph 3.a.(2) of this section, except that full Social Security numbers and last known addresses, telephone numbers, and email addresses must not be included on weekly transmittals. Instead, the certified payrolls need only include an individually identifying number for each worker ( e.g., the last four digits of the worker's Social Security number). The required weekly
certified payroll information may be submitted using Optional Form WH–347 or in any other format desired. Optional Form WH–347 is available for this purpose from the Wage and Hour Division website at https://www.dol.gov/sites/dolgov/files/WHD/ legacy/files/wh347/.pdf or its successor website. It is not a violation of this section for a prime contractor to require a subcontractor to provide full Social Security numbers and last known addresses, telephone numbers, and email addresses to the prime contractor for its own records, without weekly submission by the subcontractor to the contracting agency. (3) Statement of Compliance. Each certified payroll
submitted must be accompanied by a “Statement of
Compliance,” signed by the contractor or subcontractor, or the contractor's or subcontractor's agent who pays or supervises the payment of the persons working on the contract, and must certify the following:
(i) That the certified payroll for the payroll period contains the information required to be provided under paragraph 3.b. of this section, the appropriate information and basic records are being maintained under paragraph 3.a. of this section, and such information and records are correct and complete; (ii) That each laborer or mechanic (including each helper and apprentice) working on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set
forth in 29 CFR part 3; and
(iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification(s) of work actually
performed, as specified in the applicable wage determination incorporated into the contract.
(4) Use of Optional Form WH–347. The weekly submission
of a properly executed certification set forth on the reverse side of Optional Form WH–347 will satisfy the requirement for submission of the “Statement of Compliance” required by paragraph 3.b.(3) of this section.

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7 (5) Signature. The signature by the contractor,
subcontractor, or the contractor's or subcontractor's agent must be an original handwritten signature or a legally valid electronic signature.
(6) Falsification. The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 3729.
(7) Length of certified payroll retention. The contractor or subcontractor must preserve all certified payrolls during the course of the work and for a period of 3 years after all the work on the prime contract is completed.
c. Contracts, subcontracts, and related documents. The
contractor or subcontractor must maintain this contract or subcontract and related documents including, without
limitation, bids, proposals, amendments, modifications, and extensions. The contractor or subcontractor must preserve these contracts, subcontracts, and related documents during the course of the work and for a period of 3 years after all the work on the prime contract is completed.
d. Required disclosures and access (1) Required record
disclosures and access to workers. The contractor or
subcontractor must make the records required under
paragraphs 3.a. through 3.c. of this section, and any other documents that the contracting agency, the State DOT, the FHWA, or the Department of Labor deems necessary to
determine compliance with the labor standards provisions of any of the applicable statutes referenced by § 5.1, available for inspection, copying, or transcription by authorized
representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and must permit such
representatives to interview workers during working hours on the job.
(2) Sanctions for non-compliance with records and worker access requirements. If the contractor or subcontractor fails to submit the required records or to make them available, or refuses to permit worker interviews during working hours on the job, the Federal agency may, after written notice to the contractor, sponsor, applicant, owner, or other entity, as the case may be, that maintains such records or that employs such workers, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available, or to permit worker interviews during working hours on the job, may be grounds for debarment action pursuant to § 5.12. In addition, any contractor or other person that fails to submit the required records or make those records available to WHD within the time WHD requests that the records be produced will be
precluded from introducing as evidence in an administrative proceeding under 29 CFR part 6 any of the required records that were not provided or made available to WHD. WHD will take into consideration a reasonable request from the
contractor or person for an extension of the time for
submission of records. WHD will determine the
reasonableness of the request and may consider, among other things, the location of the records and the volume of
production.
(3) Required information disclosures. Contractors and
subcontractors must maintain the full Social Security number and last known address, telephone number, and email address of each covered worker, and must provide them upon request to the contracting agency, the State DOT, the FHWA, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or other compliance action.

4. Apprentices and equal employment opportunity (29 CFR

5.5)
a. Apprentices (1) Rate of pay. Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship (OA), or with a State Apprenticeship Agency recognized by the OA. A person who is not individually registered in the program, but who has been certified by the OA or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice, will be permitted to work at less than the
predetermined rate for the work they perform in the first 90 days of probationary employment as an apprentice in such a program. In the event the OA or a State Apprenticeship
Agency recognized by the OA withdraws approval of an
apprenticeship program, the contractor will no longer be permitted to use apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
(2) Fringe benefits. Apprentices must be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringe benefits must be paid in accordance with that
determination.
(3) Apprenticeship ratio. The allowable ratio of apprentices to journeyworkers on the job site in any craft classification must not be greater than the ratio permitted to the contractor as to the entire work force under the registered program or the ratio applicable to the locality of the project pursuant to paragraph

4.a.(4) of this section. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated in paragraph 4.a.(1) of this section, must be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed.

In addition, any apprentice performing work on the job site in excess of the ratio permitted under this section must be paid not less than the applicable wage rate on the wage
determination for the work actually performed.
(4) Reciprocity of ratios and wage rates. Where a contractor is performing construction on a project in a locality other than the locality in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyworker's hourly rate) applicable within the locality in which the construction is being performed must be observed. If there is no applicable ratio or wage rate for the locality of the project, the ratio and wage rate specified in the contractor's registered program must be observed.
b. Equal employment opportunity. The use of apprentices and journeyworkers under this part must be in conformity with

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8 the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30.
c. Apprentices and Trainees (programs of the U.S. DOT).

Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not
subject to the requirements of paragraph 4 of this Section IV. 23 CFR 230.111(e)(2). The straight time hourly wage rates for apprentices and trainees under such programs will be
established by the particular programs. The ratio of
apprentices and trainees to journeyworkers shall not be greater than permitted by the terms of the particular program.

5. Compliance with Copeland Act requirements. The
contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract as provided in 29 CFR 5.5.

6. Subcontracts. The contractor or subcontractor must insert FHWA-1273 in any subcontracts, along with the applicable wage determination(s) and such other clauses or contract modifications as the contracting agency may by appropriate instructions require, and a clause requiring the subcontractors to include these clauses and wage determination(s) in any lower tier subcontracts. The prime contractor is responsible for the compliance by any subcontractor or lower tier
subcontractor with all the contract clauses in this section. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower-tier subcontractors, and may be subject to debarment, as appropriate. 29 CFR 5.5.

7. Contract termination: debarment. A breach of the
contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.

8. Compliance with Davis-Bacon and Related Act
requirements. All rulings and interpretations of the DavisBacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract as provided in 29 CFR 5.5.

9. Disputes concerning labor standards. As provided in 29 CFR 5.5, disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their
representatives.

10. Certification of eligibility. a. By entering into this contract, the contractor certifies that neither it nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of 40 U.S.C. 3144(b) or § 5.12(a).
b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of 40 U.S.C. 3144(b) or § 5.12(a).
c. The penalty for making false statements is prescribed in the U.S. Code, Title 18 Crimes and Criminal Procedure, 18 U.S.C. 1001.

11. Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for:
a. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the DBA, Related Acts, this part, or 29 CFR part 1 or 3;
b. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under the DBA, Related Acts, this part, or 29 CFR part 1 or 3;
c. Cooperating in any investigation or other compliance action, or testifying in any proceeding under the DBA, Related Acts, this part, or 29 CFR part 1 or 3; or
d. Informing any other person about their rights under the DBA, Related Acts, this part, or 29 CFR part 1 or 3.

V. CONTRACT WORK HOURS AND SAFETY STANDARDS
ACT
Pursuant to 29 CFR 5.5(b), the following clauses apply to any Federal-aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the
Contract Work Hours and Safety Standards Act. These
clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchpersons and
guards.

1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any
workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 29 CFR

5.5. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph 1. of this section the contractor and any
subcontractor responsible therefor shall be liable for the unpaid wages and interest from the date of the underpayment.

In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or

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9 mechanic, including watchpersons and guards, employed in violation of the clause set forth in paragraph 1. of this section, in the sum currently provided in 29 CFR 5.5(b)(2)* for each calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 1. of this section.
* $31 as of January 15, 2023 (See 88 FR 88 FR 2210) as may be adjusted annually by the Department of Labor, pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990.

3. Withholding for unpaid wages and liquidated damages
a. Withholding process. The FHWA or the contracting
agency may, upon its own action, or must, upon written
request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be
considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for any unpaid wages;
monetary relief, including interest; and liquidated damages required by the clauses set forth in this section on this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract subject to the Contract Work Hours and Safety Standards Act that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to the Contract Work Hours and Safety Standards Act and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the
contractor liability for which the funds were withheld. b. Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with Section IV paragraph 2.a. or paragraph 3.a. of this section, or both, over claims to those funds by:
(1) A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties;
(2) A contracting agency for its reprocurement costs;
(3) A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate;
(4) A contractor's assignee(s);
(5) A contractor's successor(s); or
(6) A claim asserted under the Prompt Payment Act, 31
U.S.C. 3901–3907.

4. Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses set forth in paragraphs 1. through 5. of this section and a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The prime contractor is responsible for
compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 1. through 5. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lowertier subcontractors, and associated liquidated damages and may be subject to debarment, as appropriate.

5. Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for:
a. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the Contract Work Hours and Safety Standards Act (CWHSSA) or its
implementing regulations in this part;
b. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under CWHSSA or this part;
c. Cooperating in any investigation or other compliance action, or testifying in any proceeding under CWHSSA or this part; or
d. Informing any other person about their rights under
CWHSSA or this part.

VI. SUBLETTING OR ASSIGNING THE CONTRACT
This provision is applicable to all Federal-aid construction contracts on the National Highway System pursuant to 23 CFR 635.116.

1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such
specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116).
a. The term “perform work with its own organization” in paragraph 1 of Section VI refers to workers employed or leased by the prime contractor, and equipment owned or
rented by the prime contractor, with or without operators.

Such term does not include employees or equipment of a
subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be
included in this term if the prime contractor meets all of the following conditions: (based on longstanding interpretation) (1) the prime contractor maintains control over the
supervision of the day-to-day activities of the leased
employees;
(2) the prime contractor remains responsible for the quality of the work of the leased employees;

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10 (3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the
submission of payrolls, statements of compliance and all other Federal regulatory requirements.
b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 23 CFR 635.102.

2. Pursuant to 23 CFR 635.116(a), the contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the
contractor under the contract provisions.

3. Pursuant to 23 CFR 635.116(c), the contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract.

4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the
contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. (based on longstanding interpretation of 23 CFR 635.116).

5. The 30-percent self-performance requirement of paragraph (1) is not applicable to design-build contracts; however, contracting agencies may establish their own self-performance requirements. 23 CFR 635.116(d).

VII. SAFETY: ACCIDENT PREVENTION
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts.

1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR Part 635).

The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of
employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 23 CFR 635.108.

2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any
subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR Part 1926) promulgated by the
Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 29 CFR 1926.10.

3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704).

VIII. FALSE STATEMENTS CONCERNING HIGHWAY

PROJECTS
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts.

In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federalaid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any
misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each
Federal-aid highway project (23 CFR Part 635) in one or more places where it is readily available to all persons concerned with the project:
18 U.S.C. 1020 reads as follows:
"Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or
Whoever knowingly makes any false statement, false
representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false
representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 11, 1916, (39 Stat. 355), as
amended and supplemented;
Shall be fined under this title or imprisoned not more than 5 years or both."

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11 IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT (42 U.S.C. 7606; 2
CFR 200.88; EO 11738)
This provision is applicable to all Federal-aid construction contracts in excess of $150,000 and to all related
subcontracts. 48 CFR 2.101; 2 CFR 200.327.

By submission of this bid/proposal or the execution of this contract or subcontract, as appropriate, the bidder, proposer, Federal-aid construction contractor, subcontractor, supplier, or vendor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal Highway Administration and the Regional Office of the Environmental Protection Agency. 2 CFR Part 200, Appendix II.

The contractor agrees to include or cause to be included the requirements of this Section in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. 2 CFR 200.327.

X. CERTIFICATION REGARDING DEBARMENT,

SUSPENSION, INELIGIBILITY AND VOLUNTARY

EXCLUSION
This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more – as defined in 2 CFR Parts 180 and 1200. 2 CFR 180.220 and
1200.220.

1. Instructions for Certification – First Tier Participants:
a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. 2 CFR 180.320.
c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. 2 CFR 180.325.
d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed
circumstances. 2 CFR 180.345 and 180.350.
e. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900-180.1020, and 1200. “First Tier Covered Transactions” refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as
subcontractors and suppliers).
f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred,
suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 2 CFR 180.330.
g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 180.300.
h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. 2 CFR 180.300; 180.320, and 180.325. A participant is responsible for
ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. 2 CFR 180.335. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/). 2 CFR
180.300, 180.320, and 180.325.
i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause.

The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2 CFR 180.325.
* * * * *

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12 2. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion – First Tier
Participants:
a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals:
(1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal
department or agency, 2 CFR 180.335;.
(2) Have not within a three-year period preceding this
proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property, 2 CFR 180.800; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification, 2 CFR 180.700 and 180.800; and
(4) Have not within a three-year period preceding this
application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2 CFR 180.335(d).
(5) Are not a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and
(6) Are not a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and
administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability (USDOT Order 4200.6 implementing appropriations act requirements).
b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal. 2 CFR 180.335 and 180.340.
* * * * *

3. Instructions for Certification - Lower Tier Participants:
(Applicable to all subcontracts, purchase orders, and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200). 2 CFR 180.220 and 1200.220.
a. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous
certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.
c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. 2 CFR 180.365.
d. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900 – 180.1020, and 1200.

You may contact the person to which this proposal is
submitted for assistance in obtaining a copy of those
regulations. “First Tier Covered Transactions” refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers).
e. The prospective lower tier participant agrees by
submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this
transaction originated. 2 CFR 1200.220 and 1200.332.
f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 1200.220.
g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/), which is compiled by the General Services Administration. 2 CFR
180.300, 180.320, 180.330, and 180.335.
h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily

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13 excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 2 CFR 180.325.
* * * * *

4. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion--Lower Tier
Participants:
a. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals:
(1) is presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal
department or agency, 2 CFR 180.355;
(2) is a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and
(3) is a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (USDOT Order 4200.6 implementing appropriations act
requirements)
b. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal.
* * * * *
XI. CERTIFICATION REGARDING USE OF CONTRACT

FUNDS FOR LOBBYING
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed
$100,000. 49 CFR Part 20, App. A.

1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.

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

3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such
recipients shall certify and disclose accordingly.

XII. USE OF UNITED STATES-FLAG VESSELS:

This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, or any other covered transaction. 46 CFR Part 381.

This requirement applies to material or equipment that is acquired for a specific Federal-aid highway project. 46 CFR 381.7. It is not applicable to goods or materials that come into inventories independent of an FHWA funded-contract.

When oceanic shipments (or shipments across the Great
Lakes) are necessary for materials or equipment acquired for a specific Federal-aid construction project, the bidder, proposer, contractor, subcontractor, or vendor agrees:

1. To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels. 46 CFR 381.7.

2. To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, ‘on-board’ commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph (b)(1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-of-lading) and to the Office of Cargo and Commercial Sealift (MAR-620), Maritime
Administration, Washington, DC 20590. (MARAD requires
copies of the ocean carrier's (master) bills of lading, certified onboard, dated, with rates and charges. These bills of lading may contain business sensitive information and therefore may be submitted directly to MARAD by the Ocean Transportation Intermediary on behalf of the contractor). 46 CFR 381.7.

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14 ATTACHMENT A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT

HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS
ROAD CONTRACTS (23 CFR 633, Subpart B, Appendix B)
This provision is applicable to all Federal-aid projects funded under the Appalachian Regional Development Act of 1965.

1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on-site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except:
a. To the extent that qualified persons regularly residing in the area are not available.
b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (1c) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph (4) below.

2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required i n
each classification, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service.

3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required.

4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number
requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (1c) above.

5. The provisions of 23 CFR 633.207(e) allow the
contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region.

6. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on-site work.

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City of Stockton
Legislation Text
File #: 26-0285, Version: 1

APPROVE MOTION TO AUTHORIZE THE PACIFIC GAS AND ELECTRIC AGREEMENT FOR THE

INDUSTRIAL DRIVE EXTENSION 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. Approve and authorize the City Manager to execute the Gas and Electric Agreement with Pacific Gas and Electric in the amount of $154,446.39 for a new electrical service for the Industrial Drive Extension, Project No. WT21015.

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
The Industrial Drive Extension project is located in south Stockton on Industrial Drive between B Street and Pock Lane (Attachment A). The project will construct a new roadway segment along Industrial Drive, which includes sidewalks, curb and gutter, pavement, streetlighting, a new traffic signal, striping, and signage.

The project requires Pacific Gas and Electric (PG&E) to establish new electrical service for the new traffic signal at Industrial Drive and Pock Lane and new street lighting along Industrial Drive. A Gas and Electric Agreement (Attachment B) needs to be executed for PG&E reimbursement of any necessary materials and electrical upgrades. It is recommended that Council approve a motion to authorize the City Manager to execute the Gas and Electric Agreement with PG&E in the amount of $154,446.39. Construction of the Industrial Drive Extension project is anticipated to begin in winter 2026 and is anticipated to be completed by summer 2027.

DISCUSSION
Background
The Industrial Drive Extension project is located in south Stockton on Industrial Drive between B Street and Pock Lane (Attachment A). The project will construct a new roadway segment along Industrial Drive, which includes sidewalks, curb and gutter, pavement, streetlighting, a new traffic signal at Pock Lane, striping and signage.

City of Stockton Page 1 of 2 Printed on 5/7/2026
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File #: 26-0285, Version: 1
The Industrial Drive Extension project will require new electrical service to accommodate the new traffic signal at Industrial Drive and Pock Lane and new street lighting along Industrial Drive. PG&E requires the project to include the installation of necessary conduits, transformer pads, and pull boxes per PG&E standards. PG&E will complete the new electrical service design and install a new transformer and energize the system.

Present Situation
New electrical power service will be coordinated with PG&E, once the project begins construction and has a contractor aboard. PG&E has provided a Gas and Electric Agreement for their scope of work. PG&E payment for this type of project is a Traffic Control Non-Refundable Payment in the amount of $154,446.39. PG&E offers two payment options for this type of project: the 10-year refundable advance option and the non-refundable 50 percent discount option. The 10-year refundable advanced option for electric is for development or subdivision projects and is not applicable to this project. Therefore, the non-refundable 50 percent discount option in the amount of $154,446.39 is being processed for this project. Project design is currently in progress and is anticipated to be completed by summer 2026. Project construction is anticipated to be completed by summer 2027.

It is recommended that Council approve a motion authorizing the City Manager to execute the Gas and Electric Agreement with PG&E in the amount of $154,446.39 for a new electrical service for the Industrial Drive Extension, Project No. WT21015.

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

1. The City does not have sufficient staff resources to perform the installation required for this project.

2. PG&E is the sole provider for electricity for the City of Stockton.

FINANCIAL SUMMARY
Sufficient funding is available in the Industrial Drive Extension, Project No. WT21015, to fund the Gas and Electric Agreement with PG&E in the amount of $154,446.39.

Attachment A - Vicinity Map
Attachment B - Gas and Electric Agreement
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VICINITY MAP

NOT TO SCALE
c::J COUNTY LIMIT
LEGEND
• PROJECT LOCATION

INDUSTRIAL DRIVE EXTENSION,
PROJECT NO. WT21015

CITY OF STOCKTON

DEPARTMENT OF PUBLIC WORKS

ATTACHMENT A
2507
131442653
September 24, 2025
Customer Payment
Coupon
References
Notification # 131442653
Contract # 50131253 V1
ETC1-PM # 35668328
Customer # 5041166
City of Stockton
425 N El Dorado Street
STOCKTON, CA 95202
Customer Cost Summary

INDUSTRIAL DRIVE & POCK LANE, STOCKTON
Amounts Due Total Due
Traffic Control Non-Refundable Payment $157,446.39
Minus the following credit
Advance Credit ($3,000.00)
$154,446.39
Important Payment Information
To complete your contract ONLINE
Follow the instructions provided with your electronic contract Submit payment at https://www.pge.com/contractpayments
To complete your contract BY MAIL
Please make check payable to: PG&E or Pacific Gas and Electric Complete, sign and return the enclosed agreement(s), the SACAC form and the customer payment coupon with your payment
Remit payment and SACAC form to:

PG&E CFM/PPC Department
PO BOX 997340
Sacramento, CA 95899-7340

IMPORTANT MESSAGE
Please review the enclosed information
and total due. This document needs
to be returned with the enclosed
agreements.

If you complete your contract ONLINE,
a copy will be saved to your Customer
Connections Online (CCO) account at
pge.com/cco.

To learn more about PG&E's gas and
electric safety initiatives and resources
please visit pge.com/safety.

Have Questions?
Please Call 1-800-422-0436

ATTACHMENT B
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Page 1 of 2 ends

* Automated document, Preliminary Statement, Part A
131442653
62-4527 (Rev 1/91)
Service Planning
Advice No. 1633-G/1342-E
Effective 4/02/91
Pacific Gas and Electric Company
Agreement to Perform
Tariff Schedule Related Work
DISTRIBUTION:

Applicant (Original)
Division (Original)
ACCTG. SVCS.

REFERENCES:

Notification # 131442653
Contract # 50131253
PM # 35668328
V1
September 24, 2025
City of Stockton, A GOVERNMENT AGENCY (Applicant) has requested PACIFIC GAS AND ELECTRIC COMPANY, a California corporation (PG&E), to perform the tariff schedule related work as located and described in paragragh 3 herein. PG&E agrees to perform the requested work and furnish all necessary labor, equipment, materials and related facilities required therefore, subject to the following conditions:

1. Whenever part or all of the requested work is to be furnished or performed upon property other than that of Applicant, Applicant shall first procure from such owners all necessary rights-of-way and/or permits in a form satisfactory to PG&E and without cost to it.

2. Applicant shall indemnify and hold harmless PG&E, its officers, agents and employees, against all loss, damage, expense and liability resulting from injury to or death of any person, including but not limited to, employees of PG&E, Applicant or any third party, or for the loss, destruction or damage to property, including, but not limited to property of PG&E, Applicant or any third party, arising out of or in any way connected with the performance of this agreement, however caused, except to the extent caused by the active negligence or willful misconduct of PG&E, its officers, agents and employees. Applicant will, on PG&E's request, defend any suit asserting a claim covered by this indemnity. Applicant will pay all costs that may be incurred by PG&E in enforcing this indemnity, including reasonable attorneys' fees.

3. The location and requested work are described as follows: (Describe in detail the materials and facilities to be furnished and/or work to be performed by PG&E. If more space is required, use other side and attach any necessary drawings as Exhibits A, B, C, etc):

LOCATION: INDUSTRIAL DRIVE & POCK LANE, STOCKTON
DESCRIPTION OF WORK: Install Traffic Controller Service Point(s) and/or Circuit(s) Costs Subject to Allowance:

Engineering & Administrative Costs $15,524.86
Including Applicant Design Value of $0.00
TC Svc Delivery Point Extn - Facilities & Connection (+) $107,395.15 Total Amount Subject to Allowance (=) $122,920.01
Traffic Control Allowance (-) $890.34
Traffic Control Svc Delivery Point Extension Allowance (-) $0.00 Balance (=) $122,029.67
Non-Refundable Costs:

Balance (from above) $122,029.67
Re-Engineering, Inspection, Land, Permits (+) $1,871.70 Additional Applicant Design Review (+) $0.00
TC Svc Dlvry Pnt Extn - Excavation, Conduit, Substructures (+) $15,869.54 Other Costs (+) $0.00
Subtotal (=) $139,770.91
plus ITCC @ 24% (+) $33,545.01
Value of Traffic Control Trench, Excavation & Conduit for Others (+) $0.00 Traffic Control Extension - Connection Only (+) $0.00
Total Non-Refundable Costs (=) $173,315.92
Credits for Applicant Provided Work:

Applicant Design Work (-) $0.00
TC Svc Dlvry Pnt Extn - Excavation, Conduit, Substructures (-) $15,869.54 Total Traffic Control Non-Refundable Payment (=) $157,446.38 #Form 62-4527#

ATTACHMENT B
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Page 2 of 2 ends

* Automated document, Preliminary Statement, Part A
131442653
62-4527 (Rev 1/91)
Service Planning
Advice No. 1633-G/1342-E
Effective 4/02/91

4. Applicant shall pay to PG&E, promptly upon demand by PG&E, as the complete contract price hereunder, the sum of One hundred fifty-seven thousand four hundred forty-six dollars and thirty-nine cents $157,446.38 Upon completion of requested work, ownership shall vest in: PG&E Applicant day of #signMonWPA# #signYrWPA# WPA#

CITY OF STOCKTON, A GOVERNMENT AGENCY
Applicant

PACIFIC GAS & ELECTRIC COMPANY
By: #sigWPA# By: George Riley
Johnny Ford
Print/Type/Name
Title: City Manager Title: Service Planning Supervisor
#titleWPA#
Mailing Address: 425 N El Dorado Street
STOCKTON, CA 95202

ATTACHMENT B
Executed this #signMonWPA# #signMonWPA
2510
City of Stockton
Legislation Text
File #: 26-0424, Version: 1
CITY-INITIATED ORDINANCE AMENDING TITLE 16 OF THE STOCKTON MUNICIPAL CODE, DIVISION 3, CHAPTER 16.80, SECTION 16.80.310 AND DIVISION 8, CHAPTER 16.244, SECTION

16.244.010 TO SUPPORT IMPLEMENTATION OF THE 2023-2031 STOCKTON HOUSING ELEMENT IN COMPLIANCE WITH STATE LAW.

RECOMMENDATION
Staff recommends the City Council approve the following:

1. Find no further environmental review is required for proposed code amendments pursuant to the California Environmental Quality Act (CEQA) Section 15183 (consistency with General Plan and Community Plan); and

2. Adopt an Ordinance Amending Title 16 (Development Code) of the Stockton Municipal Code (SMC), Division 3, Chapter 16.80 (Standards for Specific Land Uses) Section 16.80.310 (Accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs); and Division 8, Chapter 16.244 (Use Classifications), Section 16.244.010 (Residential uses).

Summary
The Housing Element contains Goals, Policies, and Implementation Programs for meeting and exceeding the Reginal Housing Needs Allocation (RHNA) which was determined to be 12,673 new housing units over the course of the 8-year planning period. There are a total of 33 Implementation Programs that the City must act upon in attempt to meet and/or exceed the RHNA.

The current proposed Ordinance amendment is to implement Program 6 in the Housing Element and assure consistency with State Housing law.

On March 26, 2026, the Planning Commission approved a resolution recommending City Council approval of the Ordinance (Attachment A).

DISCUSSION
Background
On June 13, 2024, the Planning Commission approved a recommendation to the City Council for adoption of the 2023-2031 Housing Element Update. On July 9, 2024, the City Council adopted the 2023-2031 Housing Element consistent with State regulation. On September 9, 2024, HCD notified the City that its Housing Element was found to be in substantial compliance with State Law and deemed certified. HCD considers this 8-year planning period to be the 6th planning cycle statewide.

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Under California law, a housing element must include the community’s goals, policies, quantified objectives, and housing programs for the maintenance, improvement, and development of housing.

The 6th Cycle Housing Element includes nine goal statements with policies, implementation programs and quantified objectives in support of establishing the maximum number of housing units that can be constructed, rehabilitated, and conserved over an eight-year time frame.

Among the 33 Implementation Programs, Program 6 addresses Accessory Dwelling Units and commits the City to evaluating the consistency of Stockton’s ADU regulations with State law, in addition to making ADU materials available (among other activities) to achieve 180 ADU approvals over the course of the Housing Element’s 8-year planning period. In 2024 and 2025, a total of 115 ADUs were permitted and constructed in Stockton.

Stockton’s certified Housing Element identified this action as needing to be completed by November 2024, which aligned with the original schedule for the Comprehensive Development Code Update, but was stalled due to the extent of overall code changes. On June 3, 2025, the City Council approved, based on a recommendation of the Planning Commission, a portion of the Comprehensive Code Update to accommodate housing development and comply with State law.

On March 26, 2026, the Planning Commission held a public hearing and considered public comment on the proposed Ordinance. Following the hearing, the Planning Commission approved a resolution recommending City Council approval of the Ordinance (5-0, Crowder and Graves absent).

Present Situation
In accordance with SMC Section 16.116.020, the City Council is the review authority for code amendments, based on the recommendation of the Planning Commission. This Ordinance is proposed to ensure consistency with State law and most importantly encourage the construction of ADUs throughout the City. Stockton has maintained an ADU program for a number of years, which includes providing free pre-approved ADU building plans for a studio, 1-bedroom and 2-bedroom options, brochures for how to carry out the ADU plan process, and established clear ADU design standards to follow. In 2025, a total of 63 ADUs were permitted and constructed in Stockton. The proposed Ordinance changes are intended to improve upon the current ADU program in accordance with the latest State regulatory allowances.

Key changes to the code consist of the following:
· Established timelines for City staff to make determinations on application submittals · Specification on the number of ADUs allowed per parcel based on the conditions existing · Expanded exceptions for development standards, including setbacks, height, fire sprinklers, and added clarity on the imposition of fees.

A redline version of the proposed Ordinance amendment can be reviewed in Attachment B.

STAFF ANALYSIS
The City Council is asked to consider adoption of the proposed Ordinance amending the Development Code based on the following analysis:

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Development Code Amendment
The amendment is proposed to ensure consistency with State Law and is in conformance with General Plan Policies. General Plan and Housing Element Policies support development and redevelopment of vacant and underutilized sites for housing to address the City’s regional housing needs accommodation (RHNA). As shown in the Proposed Ordinance and Resolution, the Findings of Approval per SMC 16.116.050 can be met for the proposed code amendment. The amendment will not result in a direct physical change to the environment or impact on public health and safety as the amendment is needed to carry out implementation of the Housing Element. Specifically, the following are supportive General Plan policies:
· Policy LU-6.2 Prioritize development and redevelopment of vacant, underutilized, and blighted infill areas.
· Policy HE-2.7 The City shall encourage and provide opportunities for a variety of housing types that provide market rate and affordable housing opportunities and promote balanced mixed-income neighborhoods.
· Policy HE-1.8 The City shall encourage the development of accessory dwelling units within new and existing residential development and single-family neighborhoods.

Planning Commission Recommendation
On March 26, 2026, following a public hearing and receipt of public comment, the Planning Commission voted 5-0 (Crowder and Graves absent) to adopt Resolution 2026-03-26-0503 recommending City Council adoption of an ordinance amending Title 16 of the Stockton Municipal Code Sections 16.80.310 and 16.244.010 to support implementation of the 2023-2031 Stockton Housing Element in compliance with State Law.

Environmental Analysis
The proposed code amendment will not require additional environmental review per CEQA Guidelines Section 15183 as it is consistent with the General Plan and General Plan environmental impact report (EIR). The GP EIR was prepared and certified by the City Council as part of the Envision Stockton 2040 General Plan process (SCH# 2017052062).

The proposed code amendment consists of minor changes to Development Code Sections 16.80.310 and 16.244.010 to support the construction of ADUs and ensure consistency with State law. This amendment is consistent with General Plan policies to encourage the construction of ADUs to provide for affordable housing opportunities. The amendment would not result in a physical change to the environment as future projects would be reviewed on a case-by-case basis for this consistency to General Plan, zoning, and developmental standards. No potential new impacts related to the Project have been identified that would necessitate further environmental review beyond the impacts and issues already disclosed and analyzed in the GP EIR. Therefore, no additional environmental review is required per CEQA Guidelines Section 15183 (Consistency with General Plan or Community Plan).

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File #: 26-0424, Version: 1
Public Notice
Notice for the City Council public hearing for this request was published in The Record on April 23, 2026. As of the publication of this report, no written comments

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

Attachment A - Planning Commission Resolution No. 2026-03-26-0503 Attachment B - Proposed Development Code Ordinance Amendment in redline City of Stockton Page 4 of 4 Printed on 5/7/2026
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ATTACHMENT A
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ATTACHMENT A
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ATTACHMENT A
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ATTACHMENT A
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ATTACHMENT B
ORDINANCE NO.

AN ORDINANCE AMENDING TITLE 16 OF THE STOCKTON MUNICIPAL CODE (SMC) DIVISION 3, CHAPTER 16.80 (STANDARDS FOR SPECIFIC LAND USES), SECTION 16.80.310 ACCESSORY DWELLING UNITS (ADUs) AND JUNIOR ACCESSORY DWELLING UNITS (JADUs) AND DIVISION 8, CHAPTER 16.244 (USE CLASSIFICATIONS), SECTION 16.244.010 (RESIDENTIAL UNITS)

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

SECTION I: FINDINGS AND INTENT
The City Council is authorized by section 16.212.030 of the Stockton Municipal Code (SMC) to adopt amendments to Title 16 (Development Code) based on the following Mandatory Findings of Fact for Development Code Amendments.

1. Finding #1: The proposed amendment ensures and maintains internal consistency with general land uses, objectives, policies, programs, and actions of all elements of the General Plan on balance and would not create any inconsistencies with this Development Code.

Evidence: The proposed amendment is to carry out implementation of the City of Stockton 2023-2031 Housing Element, Program 6, Accessory Dwelling Units, in conformance with Stockton General Plan policies LU-6.2, HE-2.7, and HE-1.8 and consistent with State regulations for the review and permitting of ADUs.

2. Finding #2: The proposed amendment will not endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the City.

Evidence: The purpose of the proposed amendment is to carry out implementation of the City of Stockton 2023-2031 Housing Element program, more specifically Program 6 to ensure the City’s ADU regulations are consistent with State regulations and encourage the construction of ADUs to accommodate the Regional Housing Needs Assessment (RHNA). The amendment is within the scope and consistent with the City’s General Plan Environmental Impact Report (EIR) (SCH No. 2017052062). There is no evidence or expectation that the proposed amendment will endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the City.

3. Finding #3: The proposed amendment complies with the California Environmental Quality Act (CEQA) and the City’s CEQA Guidelines.

Evidence: On December 4, 2018, the City certified the Envision Stockton 2040 General Plan Environmental Impact Report (GPEIR) (SCH No. 2017052062). The GPEIR 2532
provides a programmatic review of the potential impacts associated with the implementation of the General Plan. The proposed amendment is to carry out implementation of the City of Stockton 2023-2031 Housing Element Program 6 that will ensure consistency with State law and encourage the construction of ADUs to achieve the Regional Housing Needs Assessment (RHNA) and will not result in intensification beyond what was previously analyzed in the GPEIR. The proposed amendment will not impact the analysis or conclusions of the GPEIR. Additionally, the proposed amendment does not create any specific impacts not considered in the GPEIR, any significant impact not evaluated in GPEIR, any significant off-site or cumulative impacts not evaluated in the GPEIR, or any identified impacts more severe based on new information not known when the GPEIR was certified. Therefore, pursuant to CEQA Guidelines § 15183 the proposed amendment is compliant with the CEQA and the City’s CEQA Guidelines and does not require additional environmental review.

In addition, section 16.212.030.B.2 of the Stockton Municipal Code (SMC) requires the following Findings of Fact be made for Development Code Amendments.

4. Finding #4: The proposed amendment would be internally consistent with other applicable provisions of this Development Code.

Evidence: The proposed amendment is to ensure consistency with State law and encourage the construction of ADUs to achieve the Regional Housing Needs Assessment (RHNA). This amendment will maintain consistency with other application provisions of the Development Code.

SECTION II: AMENDMENT OF CODE
Title 16, Division 3, Chapter 16.80, Section 16.80.310 of the Stockton Municipal Code (SMC) is amended to read, as follows:

Chapter 16.80 Standards for Specific Land Uses
§ 16.80.310. Accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs).

This section provides standards for the establishment of accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in a manner consistent with Government Code Sections 66310 through 66342. The standards granted per the California Government Code pertaining to accessory dwelling units ADUs, shall preempt and supersede any local standards that conflict with the allowances granted under State law.

A. Review Procedures. The Review Authority shall issue a ministerial building permit for an accessory dwelling unit (ADU) or junior accessory dwelling unit (JADU) without discretionary review or a hearing, consistent with the provisions of this chapter section and State law, unless otherwise provided. The City shall process applications for ADUs and JADUs as follows:

1. The application for an ADU or JADU shall be submitted to the Community

ATTACHMENT B
2533
Development Department. An ADU shall be reviewed as part of the established Building Permit process, and compliance with the standards of this section will be verified through the ministerial planning review process.

2. The City shall determine whether an application to create or serve an ADU is complete and shall provide written notice of this determination to the applicant no later than 15 business days after the City receives the application.

3. The City shall act on an application to create an ADU or JADU within 60 days from the date the City receives a complete application when there is an existing single-unit or multi-unit dwelling on the lot, unless either of the following applies:
a. If the applicant requests a delay, the 60-day time period shall be tolled for the duration of the delay.
b. If the permit application to create an ADU is submitted concurrently with a permit application to create a new single-unit dwelling on the lot, the City may delay acting on the ADU permit application until the City acts on the permit application for the new single-unit dwelling, provided that the ADU application shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the duration of the delay.

4. If the City denies an application for an ADU, the City shall provide the applicant with a written explanation within 60 days from the date the City receives a complete application, identifying all items that are defective or deficient and describing how the application may be remedied. If the City denies an application for an ADU or JADU, the City will provide in writing a full set of comments within 60 days to the applicant from the date they received a completed application with a list of items that are defective or deficient, and a description of how the application can be remedied by the applicant. When the primary dwelling is proposed concurrent with the ADU then more than 60 days can be taken by the City.

5. When an ADU is constructed subject to a Governor-declared state of emergency issued on or after February 1, 2025, the City shall issue a certificate of occupancy for the ADU, even if the primary dwelling has not yet received a certificate of occupancy, provided all applicable requirements are met, including verification that the primary dwelling was substantially damaged or destroyed by the declared emergency, consistent with Government Code Section 66328.

B. Primary Dwelling Unit Required. The lot must be in a zoning district that allows single-unit or multi-unit dwellings and contain an existing or proposed primary dwelling unit or multi-unit dwelling at the time an application for an ADU is submitted, or the application for an ADU may be made in conjunction with the development of a primary single-unit dwelling.

C. Number of Accessory Dwelling Units Allowed. One ADU shall be allowed per parcel except as follows An application for a permit to establish an ADU or JADU that meets at least one of the following:

ATTACHMENT B
2534

1. When a parcel has existing multi-unit development, at least one ADU, but not more than 25% of the existing multi-unit units are permitted within the portions of existing multi-unit dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages. if each ADU complies with the applicable provisions of Title 15.

2. When the parcel has existing multi-unit development, a maximum of eight detached ADUs is permitted, not to exceed the number of existing units on the lot., but no more than the number existing units on site, detached ADUs are permitted, above and beyond the 25% limit described above.

3. When the parcel has proposed multi-unit development, a maximum of two detached accessory dwelling units ADUs is allowed.

4. One attached ADU and/or one JADU internal to the primary dwelling unit may be constructed on lots with proposed or existing single-unit dwellings.

5. One detached new construction ADU. One JADU may also be combined with a detached ADU.

6. In addition to the allowances of 4 and 5, above, one ADU per lot may be constructed within the converted space of an existing single-family dwelling or accessory structure in compliance with Government Code Section 66323.

7. When a parcel has been subdivided under California Government Code Sections 65852.21, 66411.7, and 66452.6, only one ADU per subdivided parcel shall be permitted.

D. Development Standards. Except as provided pursuant to California Government Code Section 66323, ADUs shall comply with the development standards of the base, overlay, or specific plan district in which it is located, except as modified below.

1. Density. An ADU shall not be included in the calculation of the density of the lot on which it is located.

ATTACHMENT B
2535
an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure.
d. No setback shall be required for an ADU or JADU created within an existing living area or accessory structure or an ADU created in a new structure in the same location and to the same dimensions as an existing structure.

3. Height.
a. The maximum height of an attached ADU shall be two stories and 25 feet or the maximum height specified by the base zone district for the primary dwelling, whichever is lower.
b. Attached ADUs that are interior to an existing structure that is converted shall not exceed the height of that existing structure. c. The maximum height of a detached ADU shall be 16 feet for one story and 25 feet for two stories.
d. Where the detached ADU is within one-half-mile walking distance of a major transit stop or a high-quality transit corridor, as defined in Section 21155 of the California Public Resources Code, or with an existing or proposed multi-unit dwelling of more than one story, the maximum height shall be 18 feet.
e. Height Exceptions are as follows:
i. An additional two feet in height shall be allowed to accommodate a roof pitch on an ADU that is aligned with the roof pitch of the primary dwelling unit.
ii. When an existing accessory structure is converted to a detached ADU, the maximum height may exceed the limits of subsection (3)(c) to an amount equal to the height of the existing accessory structure to be converted.

4. Floor Area.
a. The maximum floor area of a detached ADU is 1,200 square feet, excluding, where present, any enclosed parking space(s), exterior stairs, or similar non-habitable features.
b. The total floor area of an attached ADU shall not exceed 50% of the existing primary dwelling or 850 square feet, whichever is greater. c. The maximum floor area of a JADU is 500 square feet of interior livable space.

5. Passageway. No passageway shall be required in conjunction with the construction of an accessory dwelling unit ADU. However, ADUs accessory dwelling units attached to single-unit dwellings shall have independent, exterior access and side and rear setbacks sufficient for fire and safety.

ATTACHMENT B
2536
E. Parking.

1. No off-street parking is required for ADUs.

2. If off-street parking space is voluntarily provided, the following standards apply:
a. It may be uncovered, covered, or enclosed, or tandem; b. It must be on a paved surface and accessible from a paved driveway; and c. It may exceed the front yard pavement limit at Section 16.64.090.A.2.

3. When an existing garage, carport or covered parking structure is demolished in conjunction with the construction of an ADU, there is no replacement requirement.

F. Rental or Sale of Unit. An ADU and JADU may be rented. The rental term shall be at least 30 days. The ADU shall not be sold or otherwise conveyed separately from the main dwelling unit, except as provided at California Government Code Sections 66341 through 66342 and below.

ATTACHMENT B
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"(Name of lienholder) hereby consents to the recording of this condominium plan in their sole and absolute discretion and the borrower has or will satisfy any additional terms and conditions the lienholder may have."
f. The lienholder's consent shall be included on the condominium plan or a separate form attached to the condominium plan that includes the following information:
i. The lienholder's signature.
ii. The name of the record owner or ground lessee.
iii. The legal description of the real property.
iv. The identities of all parties with an interest in the real property as reflected in the real property records.
v. The lienholder's consent shall be recorded in the office of the County Recorder.
g. The local agency City shall include the following notice to consumers on any accessory dwelling ADU or junior accessory dwelling unit JADU submittal checklist or public information issued describing requirements and permitting for accessory dwelling units ADUs, including as standard condition of any accessory dwelling unit ADU building permit or condominium plan approval:
"NOTICE: If you are considering establishing your primary dwelling unit and accessory dwelling unit ADU as a condominium, please ensure that your building permitting agency allows this practice. If you decide to establish your primary dwelling unit and accessory dwelling unit ADU as a condominium, your condominium plan or any future modifications to the condominium plan must be recorded with the County Recorder. Prior to recordation or modification of your subdivision map and condominium plan, any lienholder with a lien on your title must provide a form of written consent either on the condominium plan, or on the lienholder's consent form attached to the condominium plan, with text that clearly states that the lender approves recordation of the condominium plan and that you have satisfied their terms and conditions, if any.

In order to secure lender consent, you may be required to follow additional lender requirements, which may include, but are not limited to, one or more of the following:
h. Paying off your current lender.

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due to the change of your current property legal description into one or more condominium parcels.
ii. Securing your lender's consent to the details of any construction loan or ground lease.

This may include a copy of the improvement contract entered in good faith with a licensed contractor, evidence that the record owner or ground lessee has the funds to complete the work, and a signed statement made by the record owner or ground lessor that the information in the consent above is true and correct."
i. If an accessory dwelling unit ADU is established as a condominium, the homeowner shall notify providers of utilities, including water, sewer, gas, and electricity, of the condominium creation and separate conveyance. j. The owner of a property or a separate interest within an existing planned development that has an existing association, as defined in Section 4080 of the California Civil Code, shall not record a condominium plan to create a common interest development under Section 4100 of the California Civil Code without the express written authorization by the existing association.
i. For purposes of this subdivision, written authorization by the existing association means approval by the board at a duly noticed board meeting, as defined in Section 4090 of the California Civil Code, and if needed pursuant to the existing association's governing documents, membership approval of the existing association. k. An accessory dwelling unit ADU shall be sold or otherwise conveyed separate from the primary residence only under the conditions outlined in this section and State law. to a qualified buyer if all the requirements of Government Code Section 66341 are met.

G. Owner Occupancy. Owner occupancy is not required on a property with an ADU.

H. Junior Accessory Dwelling Units. In addition to the other standards provided in this section, each JADU shall be subject to compliance with the building permit requirements and the following standards:

1. Each JADU may contain separate sanitation facilities or may share sanitation facilities with the primary dwelling unit.

2. Each JADU shall include a separate entrance from the main entrance to the principal dwelling unit and may include an interior entry to the main living area.

A second, "double" interior door may be included for sound attenuation.

3. Each JADU shall, at a minimum, include an efficiency kitchen, as required by the building code, which shall include all of the following:
a. A cooking facility with appliances; and
b. Food preparation counters and storage cabinets.

4. One JADU is permitted per lot zoned for single-unit dwellings that is developed

ATTACHMENT B
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or proposed to be developed with a single-unit dwelling.

5. Additional parking is not required for a JADU.

6. Owner-occupancy is required in the primary dwelling unit in which the JADU will be permitted. The owner may reside in either the primary dwelling unit or the newly created JADU. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization if a JADU shares sanitation facilities with the existing structure. In such cases, the owner shall occupy the single-unit residence in which the JADU is permitted and may reside in either the remaining portion of the structure or in the JADU. Owner occupancy shall not be required if the JADU has separate sanitation facilities, or if the owner is a governmental agency, land trust, or housing organization.

7. Recordation of a deed restriction, which shall run with the land, shall be filed with the permitting agency, and shall include both of the following:
a. A prohibition on the sale of the JADU separate from the sale of the primary dwelling, including a statement that the deed restriction may be enforced against future purchasers.
b. A restriction on the size and attributes of the JADU that conforms with this chapter section.

I. Other Operational Standards.

2. Fees
a. Connection Fees or Capacity Charges. An ADU shall not be considered a new residential use for the purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the ADU was constructed with a new single-unit dwelling. This only applies to ADUs, not JADUs.
b. Impact fees. Impact fees shall not be imposed on an ADU that is less than 750 square feet in floor area or any JADU with 500 square feet or less of interior floor area. For all other ADUs, impact fees shall be charged proportionate to the square footage of the primary dwelling unit. c. School mitigation fee. An ADU or JADU with less than 500 square feet of interior livable space shall not be subject to school mitigation fees, pursuant to Education Code Section 17620(a)(1)(C).

ATTACHMENT B
2540
d. Reasonable restrictions in any covenant, condition, or restriction, as described in Civil Code Section 714.3(b), shall not include any fee or other financial requirement.

3. Availability of Utilities. All ADUs shall be connected to public utilities or their equivalent, including water, electric, and sewer services, unless the ADU was constructed with a new single-unit dwelling.
a. Utility Connections. The City may require a new or separate utility connection directly between an ADU and the utility.
b. Water and Sewer System: The City may require a water or sewer service connection directly between an ADU and the water and sewer service, or demonstration that the well and septic system is adequately sized for the new demand.

4. Building code requirements for detached dwellings shall be applied to ADUs, except that the construction of an ADU shall not constitute a Group R occupancy change under the building code, as described in California Building Code Section 310 (Title 24 of the California Code of Regulations)

5. A demolition permit for a detached garage that is to be replaced with a detached or attached ADU shall be reviewed with the application for the ADU and issued at the same time, and no written notice or placard shall be required unless the property is within an architecturally and historically significant historic district.

J. Nonconforming Conditions.

1. Notwithstanding Chapter 16.228, Nonconforming Uses, Structures, and Parcels, to the contrary, until January 1, 2030, an owner of an ADU or JADU that receives a notice to correct violations or abate nuisance, in relation to the ADU or JADU, may request a delay for five years in enforcement of a building standard, as long as the violation is not a health and safety issue as determined by the City, subject to compliance with the Government Code Section 66331 and Health and Safety Code Section 17980.12(a)-(c), and the following conditions:
a. The ADU or JADU was built before January 1, 2020.
b. The ADU or JADU was built on or after January 1, 2020, in a local jurisdiction that, at the time the ADU or JADU was built, had a noncompliant ADU or JADU ordinance, but the ordinance is compliant at the time the request is made.

2. The City shall not deny an application for a permit to create an ADU due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the ADU in compliance with Government Code Section 66322(b).

SECTION III: AMENDMENT OF CODE

ATTACHMENT B
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Title 16, Division 8, Chapter 16.244, Section 16.244.010 is amended to read as follows:

Chapter 16.244 USE CLASSIFICATIONS
§ 16.244.010 Residential uses.

Residential Dwelling Units. Dwelling units designed for occupancy by one household.

Single-Unit Dwelling, Detached. A dwelling unit that is designed for occupancy by one household with private yards on all sides and located on a separate lot from any other unit (except an accessory dwelling unit, where permitted). This subclassification includes individual manufactured housing units.

Single-Unit Dwelling, Attached. A dwelling unit that is designed for occupancy by one household located on a separate lot from any other unit (except an accessory dwelling unit, where permitted), and is attached through common walls to more than one dwelling on abutting lots, such as half-plexes, townhomes and condominiums.

Multi-Unit Dwelling. Two or more attached or detached dwelling units on a single lot. Types of multi-unit dwellings can include duplexes, tri-plexes, four-plexes, multiple detached residential units, and apartment buildings.

Accessory Dwelling Unit.

Accessory Dwelling Unit (ADU). An attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as a single-unit or multiunit dwelling unit is or will be situated; An accessory dwelling unit also includes the following as prescribed by Government Code Section 66313(a):
(1) An efficiency unit.
(2) A manufactured home, as defined in Health and Safety Code Section 18007. further accessory dwelling units are as defined in California Government Code Section 66313(a).

Junior Accessory Dwelling Unit (JADU). A unit that is no more than 500 square feet of interior livable space in size and contained entirely within a single-unit residence. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing structure as prescribed by Government Code Section 66313(db).

Caretaker Unit. A dwelling unit on the site of a nonresidential use, occupied by the business owner or employees and their immediate families employed for the purpose of on-site management, maintenance, or upkeep. Business guests/employees on temporary assignment are allowed to reside in the unit.

Co-Living. A residential facility where living accommodations are individual secure rooms, with or without separate kitchen or bathroom facilities for each room, and rented to one or two-person households. This use classification includes extended stay hotels intended for long-term occupancy (more than 30 days) but excludes hotels and motels, and residential care facilities.

Emergency Shelter. Housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person.

Employee Housing (for Farmworkers). Has the same meaning as "employee housing" as

ATTACHMENT B
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set forth in Health and Safety Code § 17008 for farmworkers.

Family Day Care. A day care facility licensed by the State of California, located in a residential unit where the resident of the dwelling provides care and supervision for children under the age of 18 for periods of less than 24 hours a day.

Small. A facility that provides care for eight or fewer children, including children who reside at the home and are under the age of 10 (California Health and Safety Code Section 1597.44).

Large. A facility that provides care for seven to 14 children, including children who reside at the home and are under the age of 10 (California Health and Safety Code Section 1597.465).

Group Residential. Shared living quarters without separate kitchen or bathroom facilities for each room or unit, offered for rent for permanent or semi-transient residents on a weekly or longer basis. This classification includes rooming and boarding houses, dormitories, fraternity and sorority housing, convents, monasteries, and other types of organizational housing operated by institutions or organizations but excludes hotels and motels and residential care facilities.

Live-Work Space. A unit that combines a work space and residential occupancy occupied and used by a single household in structure that has been constructed for such use or converted from commercial or industrial use and structurally modified to accommodate residential occupancy and work activity in compliance with the California Building Code. The working space is reserved for and regularly used by one or more occupants of the unit.

Low Barrier Navigation Center. A Housing First, low barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing (California Government Code Section 65660, et seq.).

Mobile Home Park. A development occupied by manufactured housing units, including facilities and amenities used in common by residents who rent, lease, or own spaces for manufactured housing units through a subdivision, cooperative, condominium, or other form of resident ownership.

Residential Care Facilities. A facility licensed by the State of California to provide living accommodations, 24-hour care for persons requiring personal services, supervision, protection, or assistance with daily tasks. Facilities may include shared living quarters, with or without a private bathroom or kitchen facilities. This classification includes both for-profit and not-for-profit institutions, but excludes supportive housing and transitional housing.

Small. A facility that is licensed by the State of California to provide care for six or fewer persons.

Large. A facility that is licensed by the State of California to provide care for more than six persons.

Residential Facility, Assisted Living. A facility that provides a combination of housing and supportive services for the elderly or functionally impaired, including personalized assistance, congregate dining, recreational, and social activities. These facilities may include medical services. Examples include assisted living facilities, retirement homes, and retirement communities. These facilities typically consist of individual units or apartments, sometimes containing kitchen facilities and common amenities. The residents in these facilities require varying levels of assistance.

ATTACHMENT B
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Supportive Housing. Dwelling units with no limit on length of stay that are occupied by the target population, and that are linked to on-site or off-site services that assist the supportive housing resident in retaining the housing, improving their health status, and maximizing their ability to live and, where possible, work in the community (California Government Code Section 65582(h)).

Transitional Housing. Buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance (California Government Code Section 65582(j)).

SECTION IV: SEVERABILITY
If any of this ordinance or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of the act which can be given without the invalid provision or application, and to this end, the provisions of this act are severable.

SECTION V: EFFECTIVE DATE
This Ordinance shall take effect and be in full force thirty (30) days after its passage.

ADOPTED:

EFFECTIVE:

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:

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

ATTACHMENT B
2544
1 ORDINANCE NO.

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

3. Finding #3: The proposed amendment complies with the California Environmental Quality Act (CEQA) and the City’s CEQA Guidelines. 2545
2 Evidence: On December 4, 2018, the City certified the Envision Stockton 2040 General Plan Environmental Impact Report (GPEIR) (SCH No. 2017052062). The GPEIR provides a programmatic review of the potential impacts associated with the implementation of the General Plan. The proposed amendment is to carry out implementation of the City of Stockton 2023-2031 Housing Element Program 6 that will ensure consistency with State law and encourage the construction of ADUs to achieve the Regional Housing Needs Assessment (RHNA) and will not result in intensification beyond what was previously analyzed in the GPEIR. The proposed amendment will not impact the analysis or conclusions of the GPEIR. Additionally, the proposed amendment does not create any specific impacts not considered in the GPEIR, any significant impact not evaluated in GPEIR, any significant off-site or cumulative impacts not evaluated in the GPEIR, or any identified impacts more severe based on new information not known when the GPEIR was certified. Therefore, pursuant to CEQA Guidelines § 15183 the proposed amendment is compliant with the CEQA and the City’s CEQA Guidelines and does not require additional environmental review.

In addition, section 16.212.030.B.2 of the Stockton Municipal Code (SMC) requires the following Findings of Fact be made for Development Code Amendments.

4. Finding #4: The proposed amendment would be internally consistent with other applicable provisions of this Development Code.

SECTION II: AMENDMENT OF CODE
Title 16, Division 3, Chapter 16.80, Section 16.80.310 of the Stockton Municipal Code (SMC) is amended to read, as follows:
§ 16.80.310 Accessory Dwelling Units (ADUs) and junior accessory dwelling units (JADUs).

This section provides standards for the establishment of accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in a manner consistent with Government Code Sections 66310 through 66342. The standards granted per the California Government Code pertaining to ADUs, shall preempt and supersede any local standards that conflict with the allowances granted under State law.

A. Review Procedures. The Review Authority shall issue a ministerial building permit for an ADU or JADU without discretionary review or a hearing, consistent with the 2546
3 provisions of this section and State law, unless otherwise provided. The City shall process applications for ADUs and JADUs as follows:

1. The application for an ADU or JADU shall be submitted to the Community Development Department. An ADU shall be reviewed as part of the established Building Permit process, and compliance with the standards of this section will be verified through the ministerial planning review process.

2. When the parcel has existing multi-unit development, a maximum of eight detached ADUs is permitted, not to exceed the number of existing units on the lot.

3. When the parcel has proposed multi-unit development, a maximum of two detached ADUs is allowed.

4. One attached ADU and/or one JADU internal to the primary dwelling unit may be constructed on lots with proposed or existing single-unit dwellings.

5. One detached new construction ADU. One JADU may also be combined with a detached ADU.

7. When a parcel has been subdivided under California Government Code Sections 65852.21, 66411.7, and 66452.6, only one ADU per subdivided parcel shall be permitted.

1. Density. An ADU shall not be included in the calculation of the density of the lot on which it is located.

2. Setbacks.
a. Attached and detached ADUs may encroach into the rear, street side and side yard setback when a minimum setback of three feet is provided. b. When an existing detached accessory structure is converted in whole or part to an ADU, only those portions located outside the existing building envelope are subject to a minimum setback of three feet. c. No setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an ADU or a portion of an ADU, and a setback of no more than three feet from the side and rear lot lines shall be required for an ADU that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure. 2548
5 d. No setback shall be required for an ADU or JADU created within an existing living area or accessory structure or an ADU created in a new structure in the same location and to the same dimensions as an existing structure.

5. Passageway. No passageway shall be required in conjunction with the construction of an ADU. However, ADUs attached to single-unit dwellings shall have independent, exterior access and side and rear setbacks sufficient for fire and safety.
2549
6 E. Parking.

1. No off-street parking is required for ADUs.

2. If off-street parking space is voluntarily provided, the following standards apply:
a. It may be uncovered, covered, enclosed, or tandem;
b. It must be on a paved surface and accessible from a paved driveway; and c. It may exceed the front yard pavement limit at Section 16.64.090.A.2.

3. When an existing garage, carport or covered parking structure is demolished in conjunction with the construction of an ADU, there is no replacement requirement.

1. An ADU may be conveyed separately from the primary dwelling unit as a condominium, pursuant to the following requirements.
a. The condominiums shall be created pursuant to the Davis-Stirling Common Interest Development Act (Part 5 (commencing with Section 4000) of Division 4 of the California Civil Code).
b. The condominiums shall be created in conformance with all applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410)) and all objective requirements of Division 6 (Subdivision Regulations).
c. Before recordation of the condominium plan, a safety inspection of the ADU shall be conducted as evidenced either through a certificate of occupancy from the local agency or a housing quality standards report from a building inspector certified by the United States Department of Housing and Urban Development.
d. Neither a subdivision map nor a condominium plan shall be recorded with the County Recorder without each lienholder's consent. The following shall apply to the consent of a lienholder:
i. A lienholder may refuse to give consent.
ii. A lienholder may consent provided that any terms and conditions required by the lienholder are satisfied.
2550
7 e. Prior to recordation of the initial or any subsequent modifications to the condominium plan, written evidence of the lienholder's consent shall be provided to the County Recorder along with a signed statement from each lienholder that states as follows:
"(Name of lienholder) hereby consents to the recording of this condominium plan in their sole and absolute discretion and the borrower has or will satisfy any additional terms and conditions the lienholder may have."
f. The lienholder's consent shall be included on the condominium plan or a separate form attached to the condominium plan that includes the following information:
i. The lienholder's signature.
ii. The name of the record owner or ground lessee.
iii. The legal description of the real property.
iv. The identities of all parties with an interest in the real property as reflected in the real property records.
v. The lienholder's consent shall be recorded in the office of the County Recorder.
g. The City shall include the following notice to consumers on any ADU or JADU submittal checklist or public information issued describing requirements and permitting for ADUs, including as standard condition of any ADU building permit or condominium plan approval:
"NOTICE: If you are considering establishing your primary dwelling unit and ADU as a condominium, please ensure that your building permitting agency allows this practice. If you decide to establish your primary dwelling unit and ADU as a condominium, your condominium plan or any future modifications to the condominium plan must be recorded with the County Recorder. Prior to recordation or modification of your subdivision map and condominium plan, any lienholder with a lien on your title must provide a form of written consent either on the condominium plan, or on the lienholder's consent form attached to the condominium plan, with text that clearly states that the lender approves recordation of the condominium plan and that you have satisfied their terms and conditions, if any. 2551
8 In order to secure lender consent, you may be required to follow additional lender requirements, which may include, but are not limited to, one or more of the following:
h. Paying off your current lender.

You may pay off your mortgage and any liens through a refinance or a new loan. Be aware that refinancing or using a new loan may result in changes to your interest rate or tax basis. Also, be aware that any subsequent modification to your subdivision map or condominium plan must also be consented to by your lender, which consent may be denied. i. Securing your lender's approval of a modification to their loan collateral due to the change of your current property legal description into one or more condominium parcels.
ii. Securing your lender's consent to the details of any construction loan or ground lease.

This may include a copy of the improvement contract entered in good faith with a licensed contractor, evidence that the record owner or ground lessee has the funds to complete the work, and a signed statement made by the record owner or ground lessor that the information in the consent above is true and correct."
i. If an ADU is established as a condominium, the homeowner shall notify providers of utilities, including water, sewer, gas, and electricity, of the condominium creation and separate conveyance.
j. The owner of a property or a separate interest within an existing planned development that has an existing association, as defined in Section 4080 of the California Civil Code, shall not record a condominium plan to create a common interest development under Section 4100 of the California Civil Code without the express written authorization by the existing association. i. For purposes of this subdivision, written authorization by the existing association means approval by the board at a duly noticed board meeting, as defined in Section 4090 of the California Civil Code, and if needed pursuant to the existing association's governing documents, membership approval of the existing association.
k. An ADU shall be sold or otherwise conveyed separate from the primary residence to a qualified buyer if all the requirements of Government Code Section 66341 are met.
2552
9 G. Owner Occupancy. Owner occupancy is not required on a property with an ADU.

1. Each JADU may contain separate sanitation facilities or may share sanitation facilities with the primary dwelling unit.

2. Each JADU shall include a separate entrance from the main entrance to the principal dwelling unit and may include an interior entry to the main living area.

3. Each JADU shall, at a minimum, include an efficiency kitchen, which shall include all of the following:
a. A cooking facility with appliances; and
b. Food preparation counters and storage cabinets that are reasonable in size in relation to the size of the JADU.

4. One JADU is permitted per lot zoned for single-unit dwellings that is developed or proposed to be developed with a single-unit dwelling.

5. Additional parking is not required for a JADU.

6. Owner-occupancy is required if a JADU shares sanitation facilities with the existing structure. In such cases, the owner shall occupy the single-unit residence in which the JADU is permitted and may reside in either the remaining portion of the structure or in the JADU. Owner occupancy shall not be required if the JADU has separate sanitation facilities, or if the owner is a governmental agency, land trust, or housing organization.

I. Other Operational Standards.

1. Fire sprinklers shall not be required for an ADU or JADU if they are not required for the primary dwelling unit. The construction of an ADU or JADU shall not trigger a requirement to install fire sprinklers in the existing primary dwelling unit. However, if the primary dwelling unit undergoes substantial remodeling and is required to install fire sprinklers, any ADU or JADU created after the remodel shall also be required to install fire sprinklers. 2553
10 2. Fees
a. Connection Fees or Capacity Charges. An ADU shall not be considered a new residential use for the purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the ADU was constructed with a new single-unit dwelling. This only applies to ADUs, not JADUs.
b. Impact fees. Impact fees shall not be imposed on an ADU that is less than 750 square feet in floor area or any JADU with 500 square feet or less of interior floor area. For all other ADUs, impact fees shall be charged proportionate to the square footage of the primary dwelling unit. c. School mitigation fee. An ADU or JADU with less than 500 square feet of interior livable space shall not be subject to school mitigation fees, pursuant to Education Code Section 17620(a)(1)(C).
d. Reasonable restrictions in any covenant, condition, or restriction, as described in Civil Code Section 714.3(b), shall not include any fee or other financial requirement.

J. Nonconforming Conditions.

1. Notwithstanding Chapter 16.228, Nonconforming Uses, Structures, and Parcels, to the contrary, until January 1, 2030, an owner of an ADU or JADU that receives a notice to correct violations or abate nuisance, in relation to the ADU or JADU, may request a delay for five years in enforcement of a building standard, as long as the violation is not a health and safety issue as determined by the City, subject to compliance with the Government Code Section 66331 and Health and Safety Code Section 17980.12(a)-(c), and the following conditions:
2554
11 a. The ADU or JADU was built before January 1, 2020. b. The ADU or JADU was built on or after January 1, 2020, in a local jurisdiction that, at the time the ADU or JADU was built, had a noncompliant ADU or JADU ordinance, but the ordinance is compliant at the time the request is made.

SECTION III: AMENDMENT OF CODE
Title 16, Division 8, Chapter 16.244, Section 16.244.010 is amended to read as follows:
§ 16.244.010 Residential uses.

Residential Dwelling Units. Dwelling units designed for occupancy by one household.

Multi-Unit Dwelling. Two or more attached or detached dwelling units on a single lot.

Types of multi-unit dwellings can include duplexes, tri-plexes, four-plexes, multiple detached residential units, and apartment buildings.

Accessory Dwelling Unit.

Accessory Dwelling Unit (ADU). An attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as a 2555
12 single-unit or multi-unit dwelling is or will be situated; An accessory dwelling unit also includes the following as prescribed by Government Code Section 66313(a):
(1) An efficiency unit.
(2) A manufactured home, as defined in Health and Safety Code Section 18007.

Emergency Shelter. Housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person.

Employee Housing (for Farmworkers). Has the same meaning as "employee housing" as set forth in Health and Safety Code § 17008 for farmworkers.

Small. A facility that provides care for eight or fewer children, including children who reside at the home and are under the age of 10 (California Health and Safety Code Section 1597.44).

Large. A facility that provides care for seven to 14 children, including children who reside at the home and are under the age of 10 (California Health and Safety Code Section 1597.465).
2556
13 Group Residential. Shared living quarters without separate kitchen or bathroom facilities for each room or unit, offered for rent for permanent or semi-transient residents on a weekly or longer basis. This classification includes rooming and boarding houses, dormitories, fraternity and sorority housing, convents, monasteries, and other types of organizational housing operated by institutions or organizations but excludes hotels and motels and residential care facilities.

Small. A facility that is licensed by the State of California to provide care for six or fewer persons.

Large. A facility that is licensed by the State of California to provide care for more than six persons.

Residential Facility, Assisted Living. A facility that provides a combination of housing and supportive services for the elderly or functionally impaired, including personalized 2557
14 assistance, congregate dining, recreational, and social activities. These facilities may include medical services. Examples include assisted living facilities, retirement homes, and retirement communities. These facilities typically consist of individual units or apartments, sometimes containing kitchen facilities and common amenities. The residents in these facilities require varying levels of assistance.

Supportive Housing. Dwelling units with no limit on length of stay that are occupied by the target population, and that are linked to on-site or off-site services that assist the supportive housing resident in retaining the housing, improving their health status, and maximizing their ability to live and, where possible, work in the community (California Government Code Section 65582(h)).

SECTION V: EFFECTIVE DATE
This Ordinance shall take effect and be in full force thirty (30) days after its passage.

ADOPTED:

EFFECTIVE:

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:

KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
2558
City of Stockton
Legislation Text
File #: 26-0406, Version: 1

RESOLUTION AUTHORIZING THE CITY TO APPLY FOR AND RECEIVE PERMANENT LOCAL

HOUSING ALLOCATION PROGRAM (PLHA) FUNDS FROM THE CALIFORNIA DEPARTMENT

OF HOUSING AND COMMUNITY DEVELOPMENT AND TO AMEND THE PLHA PLAN

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

1. Authorize the City Manager, or designee, to apply for, accept and appropriate Permanent Local Housing Allocation (PHLA) grant funds for years 2022 and 2023 in the amount up to $2,591,751 for both years for a total allocation of up to $10,268,580 for the five-year program period from the California Department of Housing and Community Development;

2. Approve the Amendment to the 2019-2023 PLHA Plan to reallocate funds between program categories;

3. Authorize the City Manager, or designee, to administer the City’s entitlement of Permanent Local Housing Allocation (PLHA) funds, to enter into all required agreements to receive the PLHA funds, and amend the City’s budget accordingly; and

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

Summary
The Economic Development Department (EDD) is requesting authorization to apply for and receive Permanent Local Housing Allocation Program (PLHA) funds for program years 2022 and 2023 and to amend the 2019-2023 PLHA Plan to reallocate funds between program categories.

DISCUSSION
Background
The California Department of Housing and Community and Development (HCD) was created under the SB 2 Permanent Local Housing Allocation Program Formula Component from the Building Homes and Jobs Trust Fund for assistance to Cities and Counties (as described in Health and Safety Code section 50470 et seq. (Chapter 364, Statutes of 2017 (SB 2)). The PLHA program was created as a state policy response to address housing shortage challenges, designed to create a permanent, locally controlled funding stream for affordable housing and homelessness interventions. The City of Stockton is an eligible local government that has applied for PLHA program funds to administer one or more eligible activities.

City of Stockton Page 1 of 3 Printed on 5/7/2026
powered by Legistar™2559
File #: 26-0406, Version: 1
Pursuant to Resolution 2021-05-25-1204 (Attachment A), the City’s Economic Development Department (EDD) applied for and was allocated an estimated amount of $10,268,580 in PLHA funds over a five-year span beginning in 2019. The City’s 2019-2023 PLHA Plan was designed to allocate PLHA funds for the development of multifamily rental housing, fund owner-occupied rehabilitation, use as match funds to a local housing trust fund for rental and owner housing, programs that provide homeownership opportunities, and for program administration costs.

HCD requires a participating jurisdiction (PJ) (in this case, the City) to apply each year to receive its annual award. To date, the City has applied for and secured PLHA funding allocations for years 2019, 2020, and 2021 and has allocated and/or disbursed those funds to support several affordable housing projects including Grand View Village Apartments, Sonora Square Apartments, and Fairview Terrace Apartments, in addition to funding owner-occupied rehab projects for local residents.

The PLHA NOFA guidelines for program years 2022 and 2023 were released by HCD in October 2022 and December 2023, respectively, allowing PJ’s up to 48 months to apply. In alignment with PLHA program guidelines, HCD has directed City staff to submit one application for both years’ allocations.

In addition to the application for program years 2022 and 2023 funds, EDD staff recommends the following:
· Reallocating funds between several eligible activities. The original five-year PLHA plan contemplated the use of PLHA funds as match funds, from program years 2022 and 2023, to a Local Housing Trust Fund for rental and owner housing development. However, the Local Housing Trust Fund was not created, as a dedicated ongoing revenue source was not established to keep the fund ongoing. Therefore, staff recommend that the highest and best use for the reallocation of PLHA funding is the creation of a first-time homebuyer assistance program as well as to augment the City’s rental housing development. This reallocation would make available approximately $2.9 million for a first-time homebuyer assistance program.
· Besides the reallocation of funds from the local housing trust fund activity to the homebuyer activity and rental housing development, funds will also be reallocated from the owneroccupied housing rehabilitation category to the homebuyer assistance category for years 2019 to 2021 and to the affordable rental housing category for years 2022 and 2023.

The above-described reallocation of funds is depicted in Attachment B.

If approved, PLHA guidelines require an amendment to the City’s five-year PLHA plan. Pursuant to PLHA program guidelines, the proposed five-year plan amendment triggers a requirement that 40% of the City’s 2022 and 2023 program year allocations be dedicated to homeownership housing activities. The five-year plan amendment, as recommended, will satisfy this requirement.

Attachment B reflects this requirement.

City of Stockton Page 2 of 3 Printed on 5/7/2026
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File #: 26-0406, Version: 1
Present Situation
The PLHA allocations for years 2022 and 2023 are $1,467,196 and $1,124,555, respectively, for a total of $2,591,751. The application deadline was February 28, 2026 and EDD submitted a preliminary application to HCD on February 23, 2026. However, to formally secure the 2022 and 2023 PLHA allocations, the City must submit an authorizing resolution along with a Council approved PLHA Streamlined + Amendment application (Exhibit 1 to the Resolution) for HCD approval consideration.

On April 20, 2026, staff presented this item to the Legislation/Environmental Committee and received approval by Motion 2026-04-20-0304 (Attachment C) of policy direction for the reallocation of PLHA program funds and direct this item to City Council. The Committee also supported the policy direction of creating and establishing a Homebuyer Assistance Program for Stockton residents. Due to the reallocation of program funds, the PLHA program requires a 10-day public comment period, which started on May 1, 2026, and concludes at the public hearing to be held during the May 12, 2026 City Council meeting.

FINANCIAL SUMMARY
There is no impact to the General Fund, or any other restricted fund, from this action. The PLHA Grants Program will allow the City to receive and appropriate up to $10,268,580 million of affordable housing funds over a five-year period, with no match requirement.

Attachment A - Resolution 2021-05-25-1204
Attachment B - PLHA Resolution Amendment
Attachment C - Approved Motion 2026-04-20-0304
City of Stockton Page 3 of 3 Printed on 5/7/2026
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Resolution No. 2021-05-25-1204
City of Stockton

AUTHORIZING RESOLUTION OF CITY OF STOCKTON

AUTHORIZING THE APPLICATION FOR THE PERMANENT LOCAL HOUSING

ALLOCATION PROGRAM
A necessary quorum and majority of the council members of the City of Stockton, a municipal corporation, ("Applicant") hereby consents to, adopts and ratifies the following resolution:

A. WHEREAS, the Department is authorized to provide up to $195 million under the SB 2 Permanent Local Housing Allocation Program Formula Component from the Building Homes and Jobs Trust Fund for assistance to Cities and Counties (as described in Health and Safety Code section 50470 et seq. (Chapter 364, Statutes of 2017 (SB 2)).

B. WHEREAS the State of California (the "State"), Department. of Housing and Community Development ("Department") issued a re-opening of Notice of Funding Availability ("NOFA") dated 10/23/2020 under the Permanent Local Housing Allocation (PLHA) Program;
C. WHEREAS City of Stockton is an eligible Local government who has applied for program funds to administer one or more eligible activities, or a Local or Regional Housing Trust Fund to whom an eligible Local government delegated its PLHA formula allocation.

D. WHEREAS the Department may approve funding allocations for PLHA Program, subject to the terms and conditions of the Guidelines, NOFA, Program requirements, the Standard Agreement and other contracts between the Department and PLHA grant recipients;
NOW THEREFORE BE IT RESOLVED THAT:

1. If Applicant receives a grant of PLHA funds from the Department pursuant to the above referenced PLHA NOFA, it represents and certifies that it will use all such funds in a manner consistent and in compliance with all applicable state and federal statutes, rules, regulations, and laws, including without limitation all rules and laws regarding the PLHA Program, as well as any and all contracts Applicant may have with the Department.

2. Applicant is hereby authorized and directed to receive a PLHA grant, in an amount not to exceed the five-year estimate of the PLHA formula allocations, as stated in Appendix C of the current NOFA $10,268,580 in accordance with all applicable rules and laws.

ATTACHMENT A
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3. Applicant hereby agrees to use the PLHA funds for eligible activities as approved by the Department and in accordance with all Program requirements, Guidelines, other rules and laws, as well as in a manner consistent and in compliance with the Standard Agreement and other contracts between the Applicant and the Department.

4. Pursuant to section 302(c)(4) of the Guidelines, Applicant's PLHA Plan is attached to this resolution, and Applicant certifies compliance with all public notice, comment, and hearing requirements in accordance with the Guidelines.

5. If applicable: Applicant certifies that it was delegated by [insert name of the delegating local governmenfj to submit an application on its behalf and administer the PLHA grant award for the formula allocation of PLHA funds, pursuant to Guidelines Section 300(c) and 300(d), and the legally binding agreement between the recipient of the PLHA funds and the Applicant is submitted with the PLHA application.

6. If applicable: Applicant certifies that it has or will subgrant some or all of its PLHA funds to another entity or entities. Pursuant to Guidelines Section 302(c)(3), "entity" means a housing developer or program operator but does not mean an administering Local government to whom a Local government may delegate its PLHA allocation.

7. If applicable: Applicant certifies that its selection process of these subgrantees was or will be accessible to the public and avoided or shall avoid any conflicts of interest.

8. If applicable: Pursuant to Applicant's certification in this resolution, the PLHA funds will be expended only for eligible Activities and consistent with all program requirements.

9. If applicable: Applicant certifies that, if funds are used for the acquisition, construction or rehabilitation of for-sale housing projects or units within for-sale housing projects, the grantee shall record a deed restriction against the property that will ensure compliance with one of the requirements stated in Guidelines Section 302(c)(6)(A), (B) and (C).
1 0. /f applicable: Applicant certifies that, if funds are used for the development of an Affordable Rental Housing Development, the Local government shall make PLHA assistance in the form of a low-interest, deferred loan to the Sponsor of the Project, and such loan shall be evidenced through a Promissory Note secured by a Deed of Trust and a Regulatory Agreement shall restrict occupancy and rents in accordance with a Local government-approved underwriting of the Project for a term of at least 55 years.

11. Applicant shall be subject to the terms and conditions as specified in the Standard Agreement, the PLHA Program Guidelines and any other applicable SB 2 Guidelines published by the Department.

12. Harry Black, City Manager, and Carrie Wright, Economic Development Director, individually are authorized to execute the PLHA Program Application, the PLHA Standard Agreement and any subsequent amendments or modifications thereto, as well as any other documents which are related to the Program or the PLHA grant awarded to Applicant, as the Department may deem appropriate.

ATTACHMENT A
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PASSJ;D AND ADOPT)t at a regular meeting of the council of the City of Stockton this

2.~ ft,. day of_, ~'1 by the following vote:

AYES:_----6 ___ ABSTENTIONS: ____ NOES: _____ .ABSENT: _ _,/_· __ tockton
INSTRUCT/ON: The attesting officer cannot be the person identified in the resolution as the authorized signor.

CERTIFICATE OF THE ATTESTING OFFICER
The undersigned, Officer of Eliza R. Garza, CMC does hereby attest and certify that the foregoing Resolution is a true, full, and correct copy of a resolution duly adopted at a meeting of the City of Stockton Council, which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adopf A ·n full force and effect as of the date hereof. 1-.,0 ~..: /%
'i
'°
ATTEST :--:~~=c...._=-=-____;:,_~~~~-J11,7!J'---
Signature of Attesting Officer
Eliza R. Garza, CMC
City Clerk of the City of Stockton

ATTACHMENT A
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§302(c)(4)(C) Provide a description of how the Plan is consistent with the programs set forth in the Local Government’s Housing Element. • The City of Stockton's Council has identified the development of affordable housing as one of its top priorities and has implemented various General Plan amendments to facilitate the production of a variety of housing types in non-residential and mixed-use zones. The General Plan specifically focused on policies to facilitate development up to 18,400 new housing units within the City's existing limits.The City goal is to implement the following strategies to increase housing development:• Continue to take actions to streamline the approval and review processes for multi-family affordable and infill housing projects, working to provide timely and accurate information and funding to developers.• Encourage and provide opportunities for a variety of housing types that serve affordable housing opportunities and promote balanced mixed income neighborhoods.• Strive to ensure that application and development fees do not unnecessarily constrain the production of affordable housing, including small infill and single-family ownership housing projects as well as larger multifamily housing developments.• Maintain and improve access to information regarding housing programs, services, and resources, as well as fair housing laws and consumer information on housing choice.• Advocate further to developers of the development of multifamily housing through additional funding such as gap financing, development standards, and deferred fees, to provide a variety of housing types for all income groups.• Per the 2015-2023 Housing Element the City of Stockton has a yet unmet goal to create a Local Housing Trust Fund Program.

Activities Detail (Activities Detail (Must Make a Selection on Formula Allocation Application worksheet under Eligible Activities, §301)) §301(a)(1) The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is affordable to extremely low-,very low-, low-, or moderate-income households, including necessary Operating subsidies. §302(c)(4) Plan
Rev. 5/20/20
§302(c)(4)(A) Describe the manner in which allocated funds will be used for eligible activities. §302(c)(4)(B) Provide a description of the way the Local government will prioritize investments that increase the supply of housing for households with incomes at or below 60 percent of Area Median Income (AMI).Matching funds for a newly established Local Housing Trust Fund to assist in meeting the City’s regional housing needs.• Develop innovative housing solutions for “hard-to-serve” individuals and householdso Delivery of Permanent Housing, New Construction, and Rental Assistance/Rapid Re-housing: To increase capacity in a challenging rental market, we will master lease or acquire housing, supported by 24/7 site management and compliance with house rules, and funding to ensure basic necessities of living once projectsare completed.o Funding multiple new construction projects that specifically expands the inventory of affordable housing stock for at or below 60 percent of Area Median Income households with necessary financing to keep the project on track for an on time year of market entry.o Gathering all sources of funding that will advance the early stages of pre-development and construction financing to advance a projects process through development of completion. The City will detail the appropriate funding priorities and basic requirements that projects must meet, such as income targeting, long term affordability, developer experience, property management requirements, etc., in order to qualify for financing from the trust.•Make available operating subsidies to those developers that develop multi-family units targeting extremely low-income householdsThe City of Stockton has identified three housing priorities for the use of PLHA funds. The three priorities include: 1) the expansion of developments targeting households at or below 60 percent of the Area Median Income and moderate income households; 2) establishment of a Local Housing Trust fund for the development of future affordable housing opportunities; and 3) the development of Homeownership opportunities for first time homebuyers, which may include construction/rehab costs, down payment and mortgage assistance. Development of Multifamily Housing for Extremely low, Very-low, low income households.The City of Stockton currently has five affordable housing projects in its development pipeline that will result in over 500 units of affordable housing within the next five years with approximately 25 percent or 125 of the units targeting extremely low-income households (ELI incomes at or below 30% AMI). The City’s goal is to move those projects forward using PLHA funds as gap financing. •Hunter House development is a new construction development of a 120-unit affordable multi-family project located at 610 N. Hunter and 619 N. San Joaquin Streets. Ninety (90) units will be affordable to mentally ill homeless and at risk of becoming homeless veterans, targeting households with incomes at or below 60 percent of the AMI. •Grand View Village is an affordable 75-unit multi-family new construction mixed-use housing development. The project will target households with incomes at or below 80 percent of the AMI.•Partnership in Housing for the Homeless is a new construction development of 13 units of homeless modular housing.•Park Village Apartments is a 208-unit rehabilitation development, of which 203 units target households at or below 60 percent of the AMI. The development is located at 3830 N. Alvarado Avenue.•Liberty Square is an adaptive reuse project that will convert a vacant office building on the Property into seventy four (74) units of multifamily housing in which one-hundred percent (100%) of the housing units will target very- and extremely- low income households as defined by HUD.• Development of Multifamily Housing for Extremely low, Very-low, low income householdso PLHA funding will provide gap-financing for new construction, rehabilitation and infill projects, for the developmentconstruction of multifamily rental housing affordable to households with incomes at or below 60 percent of Area Median Income. PLHA funded projects will be in the form of low-interest deferred loan with a 55-year loan term with 55 year rent restrictions, and/or persons experiencing homelessness. Loan will have a term 55 years with a 3% residual receipts note.o The City will coordinate PLHA funds with the allocation of federal HOME Investment Partnership (HOME) funding and Community Development Block Grant (CDBG) funds to provide greater financial leveraging. PLHA funding for affordable housing projects will be targeted to developers Citywide and may be used to provide incentive funding for those projects that target sites identified as suitable for affordable housing development in the City’s Housing.•Matching portions of funds placed into a newly established Local Housing Trust Fundo Over the next two years the City of Stockton plans to implement a highly needed Local Housing Trust Fund to increase the supply of affordable rental and housing opportunities in Stockton.o PLHA funds will be used to match and leverage the City’s other dedicated source of funds that are to be deposited into the City of Stockton LHTF account.o The City will detail the appropriate funding priorities and basic requirements that all projects must meet, such as income targeting, long term affordability, developer experience, property management requirements, etc.in order to qualify for financing from the trust.Homeownership opportunities which include down payment assistanceo The City’s current "Down-Payment Assistance Program" will be revised to adjust to current demand within the City of Stockton to assist households with incomes up to 120 percent of Area Median Income. The median home purchase price in Stockton dropped 14% to $277,000, which requires a minimum annual income of $70,000.o Funds will be able to cover a 5 percent downpayment of the total value of the home; or to assist homeowners to make a an up to maximum of 20 percent mortgage assistance to avoid payments for Private Mortgage Insurance. 1 EXHIBIT 1

ATTACHMENT
A
2565
Complete the table below for each proposed Affordable Rental Housing Activity to be funded with 2019-2023 PLHA allocations. If a single Activity will be assisting households at more than one level of Area Median Income, please list the Activity as many times as needed to capture all of the AMI levels that will be assisted, but only show the percentage of annual funding allocated to the Activity one time (to avoid double counting).Funding Allocation Year 2019 2020 2021 2022 2023§302(c)(4)(E)(i) Provide a description of how allocated funds will be used for each proposed Affordable Rental Housing Activity.The funds will be used to make available gap financing opportunities for developers, to better promote the advancement of new construction, rehabilitation and preservation of multi-family rental housing and infill housing development activities citywide for pre-development, construction and permanent uses. Additionally, funds will be used to establish operating subsidies for those developments that target households at or below 30% AMI (ELI)• The funds will also create long term affordability restrictions of 55 years, that will ensure that the City maintains and increases its needed affordable housing stock. Additionally, available PLHA funds will encourage developers to support more infill development Citywide, to help improve and reshape the perception of the City of Stockton as a viable city center. • Funds will be in partnership with incentives and deferred fees that will help developers have an array of opportunities to accelerate projects to completion, without having a high risk of not finishing projects or not having sufficient funding. • Additionally, the City of Stockton currently has six affordable housing projects in its development pipeline that will result in over 500 units of affordable housing within the next five years with approximately 25 percent or 125 of the units targeting homeless individuals, extremely low, and very low-income households (ELI incomes at or below 30% AMI). The City’s goal is to move those projects forward using PLHA funds as gap financing. o Hunter House development is a new construction development of a 120-unit affordable multi-family project located at 610 N. Hunter and 619 N. San Joaquin Streets. Ninety (90) units will be affordable to mentally ill homeless and at risk of becoming homeless veterans, targeting households with incomes at or below 60 percent of the AMI. o Sierra Vista Phase III Apartments is an affordable 100-unit multi-family new construction replacement housing development. The project will target households with incomes at or below 60 percent of the AMI.o Partnership in Housing for the Homeless is a new construction development of 13 units of homeless modular housing.o Park Village Apartments is a 208-unit rehabilitation development, of which 203 units target households at or below 60 percent of the AMI. The development is located at 3830 N. Alvarado Avenue.o Liberty Square is an adaptive reuse project that will convert a vacant office building on the Property into seventy four (74) units of multifamily housing in which one-hundred percent (100%) of the housing units will target very- and extremely- low income households as defined by HUD.§302(c)(4)(E)(ii) Area Median Income Level Served 60% 60% 60% 60% 60%§302(c)(4)(E)(i) Percentage of Funds Allocated for the Proposed Affordable Rental Housing Activity 65.00% 65.00% 65.00% 12.50% 12.50% 3955
§302(c)(4)(E)(ii) Projected Number of Households Served 160 160 160 80 80 TOTAL
§302(c)(4)(E)(ii) Unmet share of the RHNA at the AMI Level 913 913 913 608 608 §302(c)(4)(E)(iii) A description of major steps/actions and a proposed schedule for the implementation and completion of the Activity.•One of the City of Stockton's goals is to meet the unmet RHNA target of 3,955 new units, in which encourages the rapid need for new construction of affordable projects and appeals to developers with additional funding to support multiple projects. •More than 3 projects are going to be in the beginning stages of construction within the end and beginning of next year that will give an opportunity to outreach to the City for additional funding if needed, to push through the construction phase of the project. •The City will release a NOFA to all developers each year to solicit applications for funding available. Developers will be selected based on a set of criteria established by the City to promote affordable housing in the City.• For the five projects currently being proposed below is a schedule of potential requests for funding; Grand View Village - Currently under construction, and developer is requesting further City fundingHunter House - Currenty in pre-development, and will be asking for City funding in Fall 2020Partnership in Housing for the Homeless - Currently under construction, and will be asking for additional City funding in Fall 2020Park Village Apartments - Currently in Pre-Development, and will be asking for City funding in Fall 2020Liberty Square - Currently in Pre-Development, and will be asking for City funding in Fall 2020 §301(a)(2) The predevelopment, development, acquisition, rehabilitation, and preservation of Affordable rental and ownership housing, including Accessory Dwelling Units (ADUs), that meets the needs of a growing workforce earning up to 120 percent of AMI, or 150 percent of AMI in high-cost areas. ADUs shall be available for occupancy for a term of no less than 30 days.§302(c)(4)(E)(i) Provide a description of how allocated funds will be used for each proposed Affordable Rental and Ownership Housing Activity. Percentage of Funds Allocated for Affordable Owneroccupied Workforce Housing 55 Years 55 Years 55 Years 55 Years 55 Years 55 Years
640
§302(c)(4)(E)(iv) Period of Affordability for the Proposed Affordable Rental Housing Activity (55 years required for rental housing projects) 55 Years 55 Years 55 Years 55 Years 55 Years 55 Years 55 Years 55 Years Type of Affordable Housing Activity Owner Owner Owner Owner Owner• The City has had previous requests for funding assistance to single family developers, such as Habitat for Humanity, who then sell to low and moderate income homebuyers.• The PLHA funds will be a revolving loan, to the developers, which be repaid, less the developer fee, to the City upon sale of the home to a low and/or moderate income household.

Complete the table below for each proposed Affordable Rental and Ownership Housing Activity to be funded with 2019-2023 PLHA allocations. If a single Activity will be assisting households at more than one level of Area Median Income, please list the Activity as many times as needed to capture all of the AMI levels that will be assisted, but only show the percentage of annual funding allocated to the Activity one time (to avoid double counting).Funding Allocation Year 2019 2020 2021 2022 2023 2 EXHIBIT 1

ATTACHMENT A
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§302(c)(4)(E)(i) Percentage of Funds Allocated for the Proposed Activity 35.00% 35.00% 35.00% 35.00% TOTAL
§302(c)(4)(E)(ii) Unmet share of the RHNA at AMI Level 15 15 15 15 15 §302(c)(4)(E)(ii) Area Median Income Level Served 120% 120% 120% 120% 120%§302(c)(4)(E)(ii) Projected Number of Households Served 5 55 5 5 75 §302(c)(4)(E)(i) Percentage of Funds Allocated for Each Affordable Housing 20% 20% 20% 10% 10% §302(c)(4)(E)(iii) A description of major steps/actions and a proposed schedule for the implementation and completion of each Affordable Rental and Ownership Housing project.• The City will make available a NOFA and schedule for developers in Fall 2020, for funding availability for the development of ownership project opportunities.• Development applicants will have one fiscal year from funding award to allocate all moneys given by the City.§301(a)(3) Matching portions of funds placed into Local or Regional Housing Trust Funds.§302(c)(4)(E)(i) Provide a description of how allocated funds will be used for the proposed Activity. Percentage of Funds Allocated for Affordable Owneroccupied Workforce Housing 0% 25 §302(c)(4)(E)(iv) Period of Affordability for the Proposed Activity (55 years 30 30 30 30 30Type of Affordable Housing Activity Rental
Owner
Rental
Owner
•Prior to Funding Year 2022 the City will be creating a new Low Income Housing Trust Fund Program.•The funds will be used to match dollars deposited from a future Low Income Housing Trust Fund Program to increase more affordable multifamily, senior, and homeless housing in the City.• After the Housing Trust Fund is established, the City will match the funds put into the Trust Fund, with PHLA funds to increase the starting value of the trust and bringing more eligibility for financing and promoting affordable housing in the City of Stockton.Complete the table below for each proposed Activity to be funded with 2019-2023 PLHA allocations. If a single Activity will be assisting households at more than one level of Area Median Income, please list the Activity as many times as needed to capture all of the AMI levels that will be assisted, but only show the percentage of annual funding allocated to the Activity one time (to avoid double counting).Funding Allocation Year 2022 2022 2023 2023§302(c)(4)(E)(ii) Area Median Income Level Served 60% 120% 60% 120% 575
§302(c)(4)(E)(ii) Projected Number of Households Served 48 48 48 48 TOTAL
§302(c)(4)(E)(ii) Unmet share of the RHNA at AMI Level 143 144 144 144 §302(c)(4)(E)(iii) A description of major steps/actions and a proposed schedule for the implementation and completion of the Activity.• Prior to Funding Year 2022 the City of Stockton will establish a local Housing Trust Fund to be used in implementing the housing need. • The City is currently intiating a Nexus study to evaluate a dedicated funding source for the Trust Fund that will come from impact fees.• Funds received from the Trust Fund Program will be deposited into the City of Stockton Low Income Housing Trust Fund Account. The City will then use the allocated PLHA funds to match other dollars deposited.•The total funds available in the Low Income Housing Trust Fund Account will then be used to in the effort to meet the infill target of 4,400 new units in the City, in which encourages the rapid need for new construction of affordable projects and appeals to developers with additional funding to support multiple projects. §301(a)(4) Matching portions of funds available through the Low- and Moderate-Income Housing Asset Fund pursuant to subdivision (d) of HSC Section 34176.§302(c)(4)(E)(i) Provide a description of how allocated funds will be used for the proposed Activity. Percentage of Funds Allocated for Affordable Owneroccupied Workforce Housing 192
§302(c)(4)(E)(iv) Period of Affordability for the Proposed Activity (55 years required for rental housing projects) 55 30 55 30Type of Affordable Housing ActivityComplete the table below for the proposed Activity to be funded with 2019-2023 PLHA allocations. If a single Activity will be assisting households at more than one level of Area Median Income, please list the Activity as many times as needed to capture all of the AMI levels that will be assisted, but only show the percentage of annual funding allocated to the Activity one time (to avoid double counting).Funding Allocation Year §302(c)(4)(E)(ii) Area Median Income Level Served §302(c)(4)(E)(i) Percentage of Funds Allocated for the Proposed Activity 0 §302(c)(4)(E)(ii) Projected Number of Households Served TOTAL
§302(c)(4)(E)(ii) Unmet share of the RHNA at AMI Level
0 §302(c)(4)(E)(iv) Period of Affordability for the Proposed Activity (55 years 3 EXHIBIT 1

ATTACHMENT
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§302(c)(4)(E)(iii) A description of major steps/actions and a proposed schedule for the implementation and completion of the Activity. §301(a)(5) Capitalized Reserves for Services connected to the preservation and creation of new permanent supportive housing.§302(c)(4)(E)(i) Provide a description of how allocated funds will be used for the proposed Activity .Type of Permanent Supportive Housing ProjectComplete the table below for each proposed Activity to be funded with 2019-2023 PLHA allocations. If a single Activity will be assisting households at more than one level of Area Median Income, please list the Activity as many times as needed to capture all of the AMI levels that will be assisted, but only show the percentage of annual funding allocated to the Activity one time (to avoid double counting).Funding Allocation Year §302(c)(4)(E)(ii) Area Median Income Level Served §302(c)(4)(E)(i) Percentage of Funds Allocated for the Proposed Activity 0 §302(c)(4)(E)(ii) Projected Number of Households Served TOTAL
§302(c)(4)(E)(ii) Unmet share of the RHNA at AMI Level§302(c)(4)(E)(iii) A description of major steps/actions and a proposed schedule for the implementation and completion of the Activity.§301(a)(6) Assisting persons who are experiencing or At risk of homelessness, including, but not limited to, providing rapid rehousing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing.§302(c)(4)(E)(i) Provide a description of how allocated funds will be used for the proposed Activity. 0 §302(c)(4)(E)(iv) Period of Affordability for the Proposed Activity (55 years Type of Activity for Persons Experiencing or At Risk of HomelessnessComplete the table below for each proposed Activity to be funded with 2019-2023 PLHA allocations. If a single Activity will be assisting households at more than one level of Area Median Income, please list the Activity as many times as needed to capture all of the AMI levels that will be assisted, but only show the percentage of annual funding allocated to the Activity one time (to avoid double counting).Funding Allocation Year §302(c)(4)(E)(ii) Area Median Income Level Served §302(c)(4)(E)(i) Percentage of Funds Allocated for the Proposed Activity 0 §302(c)(4)(E)(ii) Projected Number of Households Served TOTAL
§302(c)(4)(E)(ii) Unmet share of the RHNA at AMI Level§302(c)(4)(E)(iii) A description of major steps/actions and a proposed schedule for the implementation and completion of the Activity.§301(a)(7) Accessibility modifications in Lower-income Owner-occupied housing.§302(c)(4)(E)(i) Provide a description of how allocated funds will be used for the proposed Activity. Percentage of Funds Allocated for Affordable Owneroccupied Workforce Housing 0 §302(c)(4)(E)(iv) Period of Affordability for the Proposed Activity (55 years required for rental housing projects)§302(c)(4)(E)(i) Percentage of Funds Allocated for the Proposed ActivityComplete the table below for each proposed Activity to be funded with 2019-2023 PLHA allocations. If a single Activity will be assisting households at more than one level of Area Median Income, please list the Activity as many times as needed to capture all of the AMI levels that will be assisted, but only show the percentage of annual funding allocated to the Activity one time (to avoid double counting).Funding Allocation Year TOTAL
§302(c)(4)(E)(ii) Unmet share of the RHNA at AMI Level§302(c)(4)(E)(ii) Area Median Income Level Served 0 4
EXHIBIT 1

ATTACHMENT
A
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0 §302(c)(4)(E)(iv) Period of Affordability for the Proposed Activity§302(c)(4)(E)(ii) Projected Number of Households ServedComplete the table below for each proposed Activity to be funded with 2019-2023 PLHA allocations. If a single Activity will be assisting households at more than one level of Area Median Income, please list the Activity as many times as needed to capture all of the AMI levels that will be assisted, but only show the percentage of annual funding allocated to the Activity one time (to avoid double counting).Funding Allocation Year §302(c)(4)(E)(iii) A description of major steps/actions and a proposed schedule for the implementation and completion of the Activity.§301(a)(8) Efforts to acquire and rehabilitate foreclosed or vacant homes and apartments.§302(c)(4)(E)(i) Provide a description of how allocated funds will be used for the proposed Activity. Percentage of Funds Allocated for Affordable Owneroccupied Workforce Housing (AOWH) §302(c)(4)(E)(i) Percentage of Funds Allocated for the Proposed ActivityType of Activity TOTAL
§302(c)(4)(E)(ii) Unmet share of the RHNA at AMI Level§302(c)(4)(E)(ii) Area Median Income Level Served 0 §302(c)(4)(E)(iv) Period of Affordability for the Proposed Activity (55 years 0 §302(c)(4)(E)(ii) Projected Number of Households Served• The allocated funds would further operate and expand the existing Downpayment Assistance Program for low-income first time homebuyers to widen the range of eligible participants.•The funds would help expand the number of households who would qualify up to 120 percent of the Area Median Income for a purchase of a single family home or condominium unit that would help assist with the down payment, prepaid mortgage insurance, closing costs, or permanent mortgage interest rate buy down.Complete the table below for each proposed Activity to be funded with 2019-2023 PLHA allocations. If a single Activity will be assisting households at more than one level of Area Median Income, please list the Activity as many times as needed to capture all of the AMI levels that will be assisted, but only show the percentage of annual funding allocated to the Activity one time (to avoid double counting).Funding Allocation Year 2019 2020 2021 2022 2023 §302(c)(4)(E)(iii) A description of major steps/actions and a proposed schedule for the implementation and completion of the Activity.§301(a)(9) Homeownership opportunities, including, but not limited to, down payment assistance.§302(c)(4)(E)(i) Provide a description of how allocated funds will be used for the proposed Activity. Percentage of Funds Allocated for Affordable Owneroccupied Workforce Housing (AOWH) 100%§302(c)(4)(E)(i) Percentage of Funds Allocated for the Proposed Activity 10.00% 10.00% 10.00% 2.50% 2.50%Type of Homeowner Assistance Home Buyer
Assistance
Home
Buyer
Assistance
Home
Buyer
Assistance
Home
Buyer
Assistance
Home
Buyer
Assistance
TOTAL
§302(c)(4)(E)(ii) Unmet share of the RHNA at AMI Level 15 15 15 15 15 §302(c)(4)(E)(ii) Area Median Income Level Served 120% 120% 120% 120% 120% 25 §302(c)(4)(E)(iv) Period of Affordability for the Proposed Activity 30 30 30 30 30 75 §302(c)(4)(E)(ii) Projected Number of Households Served 5 55 5 5 §302(c)(4)(E)(iii) A description of major steps/actions and a proposed schedule for the implementation and completion of the Activity. 5 EXHIBIT 1

ATTACHMENT
A
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Complete the table below for each proposed Activity to be funded with 2019-2023 PLHA allocations. If a single Activity will be assisting households at more than one level of Area Median Income, please list the Activity as many times as needed to capture all of the AMI levels that will be assisted, but only show the percentage of annual funding allocated to the Activity one time (to avoid double counting).Funding Allocation Year • The City shall continue to provide opportunities for and reduce barriers to homeownership and promote public awareness of the various means available to become a homeowner.• The City currently has an exsiting Down Payment Assistance Program. The City would like to expand its current program through the use of PLHA funds by increasing the maximum mortgage assistance amount to the lesser of 20% of the down payment or $60,000. •There is currently a renewed interest in the Down Payment Assistance Program given the upward trend of rents outpricing local residents with an increased subsidy amount low-moderate households may have more success in securing affordable housing through homeownership then renting in the open market.• Additionally, increased marketing and outreach is scheduled within the next few years to ensure that the citizens of Stockton are aware of the eligible homeownership program and the various City sponsored programs that are available to assist them in obtaining homeownership. • The City will be revamping an existing underutilized Down Payment Assistance Program to further promote homeownership for low- and moderate-income households.§301(a)(10) Fiscal incentives made by a county to a city within the county to incentivize approval of one or more affordable housing Projects, or matching funds invested by a county in an affordable housing development Project in a city within the county, provided that the city has made an equal or greater investment in the Project. The county fiscal incentives shall be in the form of a grant or low-interest loan to an affordable housing Project. Matching funds investments by both the county and the city also shall be a grant or low-interest deferred loan to the affordable housing Project. §302(c)(4)(E)(i) Provide a description of how allocated funds will be used for the proposed Activity. Percentage of Funds Allocated for Affordable Owneroccupied Workforce Housing (AOWH) Type of Affordable Housing Project Type of Activity§302(c)(4)(E)(ii) Area Median Income Level Served §302(c)(4)(E)(i) Percentage of Funds Allocated for the Proposed Activity 0 §302(c)(4)(E)(ii) Projected Number of Households Served TOTAL
§302(c)(4)(E)(ii) Unmet share of the RHNA at AMI Level§302(c)(4)(E)(iii) A description of major steps/actions and a proposed schedule for the implementation and completion of the Activity.File Name: Plan Adoption §302(c)(4)(D) Evidence that the Plan was authorized and adopted by resolution by the Local jurisdiction and that the public had an adequate opportunity to review and comment on its content. Attached and on USB? 0 §302(c)(4)(E)(iv) Period of Affordability for the Proposed Activity (55 years required for rental housing projects) 6 EXHIBIT 1

ATTACHMENT A
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ATTACHMENT B
ORIGINAL VS PROPOSED 5-YEAR PLHA ALLOCATION PLAN
Activity Description Original 5-Year PLHA Allocation Plan 2019
$1,711,430.00
2020
$2,660,093.00
2021
$2,927,349.00
2022
$1,467,196.00
2023
$1,124,555.00
Multifamily rental housing 65.0%
($1,112,429.50)

65.0%
($1,729,060.45)

65.0%
($1,902,776.85)

12.5%
($183,399.50)

12.5%
($140,569.38)
OO Housing Rehabilitation 20.0%
($342,286.00)

20.0%
($532,018.60)

20.0%
($585,469.80)

10.0%
($146,719.60)

10.0%
($112,455.50)
Match funds for Local
Housing Trust Fund -Rental
Housing

0.0%
($0.00)

35.0%
($513,518.60)

35.0%
($393,594.25)
Matching funds for Local
Housing Trust Fund - Owner
Housing

0.0%
($0.00)

35.0%
($513,518.60)

35.0%
($393,594.25)
Homebuyer Assistance 10.0%
($171,143.00)

10.0%
($266,009.30)

10.0%
($292,734.90)

2.5%
($36,679.90)

2.5%
($28,113.88)
Administration Costs 5.0%
($85,571.50)

5.0%
($133,004.65)

5.0%
($146,367.45)

5.0%
($73,359.80)

5.0%
($56,227.75)
Activity Description Proposed 5-Year PLHA Re-Allocation Plan Amendment 2019
$1,711,430.00
2020
$2,660,093.00
2021
$2,927,349.00
2022
$1,467,196.00
2023
$1,124,555.00
Multifamily rental housing 65.0%
($1,112,429.50)

65.0%
($1,729,060.45)

65.0%
($1,902,776.85)

55.0%
($806,957.80)

55.0%
($618,505.25)
OO Housing Rehabilitation 0.0%
($0.00)

0.0%
($0.00)

10.0%
($292,734.90)

0.0%
($0.00)

0.0%
($0.00)
Match funds for Local Housing
Trust Fund -Rental Housing

0.0%
($0.00)

0.0%
($0.00)
Matching funds for Local
Housing Trust Fund - Owner
Housing

0.0%
($0.00)

0.0%
($0.00)
Homebuyer Assistance 30.0%
($513,429.00)

30.0%
($798,027.90)

20.0%
($585,469.80)

40.0%
($586,878.40)

40.0%
($449,822.00)
Administration Costs 5.0%
($85,571.50)

5.0%
($133,004.65)

5.0%
($146,367.45)

5.0%
($73,359.80)

5.0%
($56,227.75)
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ATTACHMENT C
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Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION AUTHORIZING THE CITY TO APPLY FOR AND RECEIVE

PERMANENT LOCAL HOUSING ALLOCATION PROGRAM (PLHA) FUNDS FROM

THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT PURSUANT TO SENATE BILL 2 (SB2) AND TO AMEND THE PLHA PLAN The California Department of Housing and Community and Development (Department) is authorized to provide up to $296 million under the SB 2 Permanent Local Housing Allocation Program Formula Component from the Building Homes and Jobs Trust Fund for assistance to Cities and Counties (as described in Health and Safety Code section 50470 et seq. (Chapter 364, Statutes of 2017 (SB 2)); and The Department issued a Notice of Funding Availability (NOFA) dated October 15, 2024, under the Permanent Local Housing Allocation (PLHA) Program; and The City is an eligible local government that has applied for program funds to administer one or more eligible activities; and
The Department may approve funding allocations for the PLHA Program, subject to the terms and conditions of the PLHA Guidelines authorized by Health and Safety Code section 50470 (Guidelines), NOFA, Program requirements, the Standard Agreement, and other contracts between the Department and PLHA grant recipients; now, therefore,

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

1. If the City receives a grant of PLHA funds from the Department pursuant to the above referenced PLHA NOFA, it represents and certifies that it will use all such funds in a manner consistent and in compliance with all applicable state and federal statutes, rules, regulations, and laws, including without limitation all rules and laws regarding the PLHA Program, as well as any and all contracts City may have with the Department.

2. The City is hereby authorized and directed to receive a PLHA grant, in an amount not to exceed the five-year estimate of the PLHA formula allocations, as stated in Appendix B of the current NOFA ($10,268,580.00) in accordance with all applicable rules and laws.

3. The City hereby agrees to use the PLHA funds for eligible activities as approved by the Department and in accordance with all Program requirements, Guidelines, other rules, and laws, as well as in a manner consistent and in compliance with the Standard Agreement and other contracts between the City and the Department. 2573

4. Pursuant to Sections 302(c)(4) and 302(c)(5) of the Guidelines, the City’s PLHA Plan Amendment for the 2020-2023 Allocations is attached to this Resolution as Exhibit 1, and the City hereby adopts this PLHA Plan Amendment and certifies compliance with all public notice, public comment, and public hearing requirements in accordance with the Guidelines.

5. The City certifies that it has or will subgrant some or all of its PLHA funds to another entity or entities. Pursuant to Guidelines section 302(c)(3), “entity” means a housing developer or program operator, but does not mean an administering local government to whom a local government may delegate its PLHA allocation.

6. City certifies that its selection process of these subgrantees was or will be accessible to the public and avoided or shall avoid any conflicts of interest.

7. Pursuant to the City’s certification in this Resolution, the PLHA funds will be expended only for eligible activities as defined in the Guidelines and consistent with all program requirements.

8. The City certifies that, if funds are used for the acquisition, construction or rehabilitation of for-sale housing projects or units within for-sale housing projects, the grantee shall record a deed restriction against the property that will ensure compliance with one of the requirements stated in Guidelines sections 302(c)(6)(A), (B) and (C).

9. The City certifies that, if funds are used for the development of an Affordable Rental Housing Development, the City shall make PLHA assistance in the form of a lowinterest, deferred loan to the Sponsor of the Project, and such loan shall be evidenced through a Promissory Note secured by a Deed of Trust and a Regulatory Agreement shall restrict occupancy and rents in accordance with a Local government-approved underwriting of the Project for a term of at least 55 years. The City shall be subject to the terms and conditions as specified in the Standard Agreement, the PLHA Program Guidelines and any other applicable SB 2 Guidelines published by the Department.

10. The City Manager, or designee, is authorized to execute the PLHA Program Application, the PLHA Standard Agreement and any subsequent amendments or modifications thereto, as well any other documents which are related to the Program or the PLHA grant awarded to the City, as the Department may deem appropriate.

11. The City Manager, or designee, is hereby authorized to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution.
//
//
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PASSED, APPROVED, and ADOPTED AT A REGULAR MEETING ON MAY 12, 2026 BY THE FOLLOWING VOTE:

AYES: ______ ABSTENTIONS: ______NOES: _______ ABSENT: _______ ________________________

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:

KATHERINE ROLAND, CMC, CMPC
City Clerk of the City of Stockton
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EXHIBIT 1
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EXHIBIT 1
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EXHIBIT 1
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EXHIBIT 1
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EXHIBIT 1
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City of Stockton
Legislation Text
File #: 26-0491, Version: 1

ADOPT A RESOLUTION APPROVING A MASTER PROPERTY TAX ALLOCATION AGREEMENT

BETWEEN THE CITY OF STOCKTON AND THE COUNTY OF SAN JOAQUIN

RECOMMENDATION
It is recommended that the City Council:

1. Adopt a resolution approving a Master Property Tax Allocation Agreement between the City of Stockton (City), the County of San Joaquin (County), and each detached special district that chooses to execute the Agreement, establishing a framework for the exchange and allocation of property tax revenues associated with annexations.

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

Summary
The proposed Master Property Tax Allocation Agreement establishes a comprehensive framework governing the allocation of property tax revenues between the City and the County for annexation areas. The prior agreement, executed in 2015, expired in July 2025 and was not renewed. As a result, the City must currently negotiate property tax allocations on a project-by-project basis to comply with State law, which requires a tax-sharing agreement prior to annexation approval by the Local Agency Formation Commission (LAFCo).

The Agreement is supported by a fiscal analysis evaluating the long-term impacts of annexation and development on both jurisdictions. The analysis indicates that under traditional tax-sharing structures, annexation areas may produce a net negative fiscal impact to the City while generating positive fiscal returns for the County.

Approval of this Agreement provides a predictable, equitable, and strategic framework to support future annexations, economic development, and sustainable service delivery.

DISCUSSION
Background
On July 21, 2015, the City and County entered into a Master Property Tax Allocation Agreement with a term ending July 31, 2025. Upon expiration, the agreement was neither extended nor replaced, necessitating individual negotiations for property tax sharing on future annexations.

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On November 3, 2025, the City executed a Single Available Source Contract with NBS Government Finance Group (NBS) to assist in developing a Fiscal Impact Analysis (FIA). NBS was selected based on its prior experience with jurisdictions within San Joaquin County and its familiarity with regional tax-sharing structures. A draft FIA was completed and presented to the County on February 24, 2026. This report evaluates planned development areas and compares the revenues they would generate to the cost of providing City and County services. It finds that, under a typical tax-sharing split (about 80% County / 20% City), the development would cost the City more than it brings in, while the County would receive a financial benefit, highlighting the need for a more favorable agreement for the City.

Key Points:
· The planned developments will bring in new tax revenue from property, sales, and other sources.
· The City will also take on significant new costs to provide services like police, fire, and infrastructure.
· Under the current tax split, the City loses money overall, while the County gains revenue. · The financial gap is driven by the City receiving a smaller share of property tax despite higher service responsibilities.
· To make development financially sustainable, the City should negotiate a larger share of future tax growth.

Several development projects are currently awaiting completion of a master agreement to proceed through the LAFCo annexation process. In December 2025, the Murray Ranch project team raised concerns regarding potential delays. To avoid project impacts, the City pursued a parallel approach:
continuing negotiations on the master agreement while advancing a project-specific tax-sharing agreement for Murray Ranch.

In the absence of an updated master agreement, the City Council approved a project-specific tax allocation agreement for the Murray Ranch annexation on March 3, 2025, establishing:
· A base property tax split of 90% County / 10% City
· An incremental growth split of 60% County / 40% City
The San Joaquin County Board of Supervisors approved the agreement on March 17, 2025.

Present Situation
California Revenue and Taxation Code (RTC) Section 99 (Attachment A) sets the rules for how property taxes are divided when there is a change in jurisdiction, such as when land is annexed into a city. This applies to special districts (including fire districts), especially if services are shifting.

According to RTC Section 99 (b)(5), when a change like an annexation affects a special district, the County shall negotiate with the City on behalf of the district regarding how property tax money will be shared. Before doing that, the County must talk with the district’s leadership and give the district a chance to provide input on the negotiations.

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In the past, the City faced challenges with annexations due to negotiations with fire districts over territory detachment.

The City’s policy requires that areas detach from existing fire district service areas upon annexation so that Stockton Fire can provide service within City limits. Stockton Fire is able to provide high-level fire protection services and advanced life support services with paramedics on all fire apparatus.

However, detachment can negatively impact fire districts by reducing their revenue. The City recognizes this impact and has been willing to provide temporary financial assistance to ease the transition. In some cases, LAFCo has required the City and developers to negotiate compensation for this revenue loss. These negotiations have often been inconsistent, creating uncertainty in the development process.

As a result, projects have experienced increased costs and delays. To address this, the proposed Master Tax Allocation Agreement establishes a standardized approach by providing affected fire districts (i.e. those losing territory) with:
· 2.5% of the property tax increment (growth)
Or
· Property taxes at the proportional formulas in effect at the time of agreement execution Whichever is higher, for up to five years (Exhibit 1 of the Proposed Resolution).

Property taxes will be automatically calculated and allocated to the district by the County Auditor Controller. This approach offers greater consistency and is more generous than prior agreements.

On April 9, 2026, the City and County agreed upon a Master Tax Allocation Structure. The County began reaching out to the respective fire districts to gain their input. Consistent with RTC Section 99 (d), the County desired that all of the fire districts affected be signatories in the agreement. The City and County agreed that if a fire district decided not to sign the agreement, then both jurisdictions would move forward with the Master Tax Allocation Agreement without that particular fire district.

Districts that do not agree and sign the Master Tax Allocation Agreement may not be eligible for the

2.5 percent incremental tax sharing.

The following districts will be given the opportunity to execute and become a party to the Master Tax Agreement:
· Eastside Rural County Fire Protection District
· Lincoln Rural County Fire Protection District
· Tuxedo-Country Club Rural Fire District
· Boggs Tract Rural Fire Protection District
· Montezuma Fire Protection District
· French Camp-McKinley Fire Protection District
· Waterloo-Morada Rural County Fire Protection District City of Stockton Page 3 of 5 Printed on 5/7/2026
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File #: 26-0491, Version: 1
The following are the details of the Master Sharing Allocation Agreement:

Base Property Tax
Base property tax represents the existing revenue generated from the assessed value of land at the time of annexation, prior to any new development.
· Typically allocated using a fixed percentage between jurisdictions · Represents the baseline revenue that transfers with the property upon annexation Incremental Growth Property Tax
Incremental growth property tax represents additional revenue generated after annexation due to development, investment, and increases in assessed value. · Negotiated separately from base tax
· Reflects the fiscal benefits associated with the City’s land use authority, infrastructure investment, and service provision
The Agreement establishes the following revenue-sharing framework:

Base Property Tax Allocation:
· 90% County / 10% City
Incremental Growth Allocation:
· 60% County / 40% City
Special Provisions (Fire District Transition):

For properties exiting a fire district service area (detachment) upon annexation:
· The fire district receives 2.5% of incremental (growth) property tax revenue · This allocation applies for five (5) years following annexation approval · The 2.5% share is sourced as follows:
o 1.5% of the County’s share
o 1.0% of the City’s share
OR
· The fire district receives property taxes at proportional formulas at the time of agreement execution.

The higher of the two will be automatically calculated and allocated to the district by the County Auditor Controller.

Annexation Terms
Applies to annexations through July 31, 2036, unless terminated earlier.

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Exclusions Requiring Separate Negotiation
The Agreement does not apply to:
· Areas generating significant sales tax revenue (greater than $1.7 million annually) · Areas generating Transient Occupancy Tax (TOT)
· Large County-owned properties exceeding 50 acres
Regional Cooperation
The City and County commit to:
· Coordinated land use planning
· Infrastructure planning within the Sphere of Influence · Shared service efficiencies
County Capital Facilities Funding
The City agrees to continue support of County regional services through ongoing collection and pass through of County Capital Facilities Fees.

FINANCIAL SUMMARY
Short-Term:
· No immediate General Fund impact resulting from approval of the Agreement Long-Term:
· Improves revenue capture from future annexations
· Supports fiscally sustainable growth
· Helps address structural imbalances where service costs exceed revenues Without an updated agreement, future annexations may:
· Increase service demands without proportional revenue growth · Generate insufficient City revenues
· Exacerbate existing fiscal imbalances
· Require individual tax sharing agreements, delaying economic development for the City Approval of the Agreement is not a project under the California Environmental Quality Act (CEQA) and does not commit the City to any specific development. Future annexations will undergo projectspecific environmental review as required.

Attachment A - California Revenue and Taxation Code Section 99 City of Stockton Page 5 of 5 Printed on 5/7/2026
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State of California

REVENUE AND TAXATION CODE
Section 99

99. (a) For the purposes of the computations required by this chapter:
(1) In the case of a jurisdictional change, other than a city incorporation, city disincorporation, or a formation of a district as defined in Section 2215, the auditor shall adjust the allocation of property tax revenue determined pursuant to Section 96 or 96.1, or the annual tax increment determined pursuant to Section 96.5, for local agencies whose service area or service responsibility would be altered by the jurisdictional change, as determined pursuant to subdivision (b) or (c). (2) In the case of a city incorporation or disincorporation, the auditor shall assign the allocation of property tax revenues determined pursuant to Section 56810 of the Government Code and the adjustments in tax revenues that may occur pursuant to Section 56815 of the Government Code to the newly formed city or district and shall make the adjustment as determined by Section 56810 or 56813 in the allocation of property tax revenue determined pursuant to Section 96 or 96.1 for each local agency whose service area or service responsibilities would be altered by the incorporation. (3) In the case of a formation of a district as defined in Section 2215, the auditor shall assign the allocation of property tax revenues determined pursuant to Section 56810 of the Government Code to the district and shall make the adjustment as determined by Section 56810, or for the disincorporated city or dissolved district as determined by Section 56813, in the allocation of property tax revenue determined pursuant to Section 96 or 96.1 for each local agency whose service area or service responsibilities would be altered by the change of organization. (b) Upon the filing of an application or a resolution pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Division 3 (commencing with Section 56000) of Title 5 of the Government Code), but prior to the issuance of a certificate of filing, the executive officer shall give notice of the filing to the assessor and auditor of each county within which the territory subject to the jurisdictional change is located. This notice shall specify each local agency whose service area or responsibility will be altered by the jurisdictional change. (1) (A) The county assessor shall provide to the county auditor, within 30 days of the notice of filing, a report which identifies the assessed valuations for the territory subject to the jurisdictional change and the tax rate area or areas in which the territory exists.
(B) The auditor shall estimate the amount of property tax revenue generated within the territory that is the subject of the jurisdictional change during the current fiscal year.

STATE OF CALIFORNIA

AUTHENTICATED

ELECTRONIC LEGAL MATERIAL

ATTACHMENT A
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(2) The auditor shall estimate what proportion of the property tax revenue determined pursuant to paragraph (1) is attributable to each local agency pursuant to Sections 96.1 and 96.5.
(3) Within 45 days of notice of the filing of an application or resolution, the auditor shall notify the governing body of each local agency whose service area or service responsibility will be altered by the jurisdictional change of the amount of, and allocation factors with respect to, property tax revenue estimated pursuant to paragraph (2) that is subject to a negotiated exchange.
(4) Upon receipt of the estimates pursuant to paragraph (3), the local agencies shall commence negotiations to determine the amount of property tax revenues to be exchanged between and among the local agencies. Except as otherwise provided, this negotiation period shall not exceed 60 days. If a local agency involved in these negotiations notifies the other local agencies, the county auditor, and the local agency formation commission in writing of its desire to extend the negotiating period, the negotiating period shall be 90 days.

The exchange may be limited to an exchange of property tax revenues from the annual tax increment generated in the area subject to the jurisdictional change and attributable to the local agencies whose service area or service responsibilities will be altered by the proposed jurisdictional change. The final exchange resolution shall specify how the annual tax increment shall be allocated in future years. (5) In the event that a jurisdictional change would affect the service area or service responsibility of one or more special districts, the board of supervisors of the county or counties in which the districts are located shall, on behalf of the district or districts, negotiate any exchange of property tax revenues. Prior to entering into negotiation on behalf of a district for the exchange of property tax revenue, the board shall consult with the affected district. The consultation shall include, at a minimum, notification to each member and executive officer of the district board of the pending consultation and provision of adequate opportunity to comment on the negotiation. (6) Notwithstanding any other provision of law, the executive officer shall not issue a certificate of filing pursuant to Section 56658 of the Government Code until the local agencies included in the property tax revenue exchange negotiation, within the negotiation period, present resolutions adopted by each such county and city whereby each county and city agrees to accept the exchange of property tax revenues. (7) In the event that the commission modifies the proposal or its resolution of determination, any local agency whose service area or service responsibility would be altered by the proposed jurisdictional change may request, and the executive officer shall grant, 30 days for the affected agencies, pursuant to paragraph (4), to renegotiate an exchange of property tax revenues. Notwithstanding the time period specified in paragraph (4), if the resolutions required pursuant to paragraph (6) are not presented to the executive officer within the 30-day period, all proceedings of the jurisdictional change shall automatically be terminated.
(8) In the case of a jurisdictional change that consists of a city’s qualified annexation of unincorporated territory, an exchange of property tax revenues between the city

ATTACHMENT A
2587
and the county shall be determined in accordance with subdivision (e) if that exchange of revenues is not otherwise determined pursuant to either of the following:
(A) Negotiations completed within the applicable period or periods as prescribed by this subdivision.
(B) A master property tax exchange agreement among those local agencies, as described in subdivision (d).

For purposes of this paragraph, a qualified annexation of unincorporated territory means an annexation, as so described, for which an application or a resolution was filed on or after January 1, 1998, and on or before January 1, 2028. (9) No later than the date on which the certificate of completion of the jurisdictional change is recorded with the county recorder, the executive officer shall notify the auditor or auditors of the exchange of property tax revenues and the auditor or auditors shall make the appropriate adjustments as provided in subdivision (a). (c) Whenever a jurisdictional change is not required to be reviewed and approved by a local agency formation commission, the local agencies whose service area or service responsibilities would be altered by the proposed change, shall give notice to the State Board of Equalization and the assessor and auditor of each county within which the territory subject to the jurisdictional change is located. This notice shall specify each local agency whose service area or responsibility will be altered by the jurisdictional change and request the auditor and assessor to make the determinations required pursuant to paragraphs (1) and (2) of subdivision (b). Upon notification by the auditor of the amount of, and allocation factors with respect to, property tax subject to exchange, the local agencies, pursuant to the provisions of paragraphs (4) and (6) of subdivision (b), shall determine the amount of property tax revenues to be exchanged between and among the local agencies. Notwithstanding any other provision of law, no such jurisdictional change shall become effective until each county and city included in these negotiations agrees, by resolution, to accept the negotiated exchange of property tax revenues. The exchange may be limited to an exchange of property tax revenue from the annual tax increment generated in the area subject to the jurisdictional change and attributable to the local agencies whose service area or service responsibilities will be altered by the proposed jurisdictional change. The final exchange resolution shall specify how the annual tax increment shall be allocated in future years. Upon the adoption of the resolutions required pursuant to this section, the adopting agencies shall notify the auditor who shall make the appropriate adjustments as provided in subdivision (a). Adjustments in property tax allocations made as the result of a city or library district withdrawing from a county free library system pursuant to Section 19116 of the Education Code shall be made pursuant to Section 19116 of the Education Code, and this subdivision shall not apply. (d) With respect to adjustments in the allocation of property taxes pursuant to this section, a county and any local agency or agencies within the county may develop and adopt a master property tax transfer agreement. The agreement may be revised from time to time by the parties subject to the agreement.

ATTACHMENT A
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(e) (1) An exchange of property tax revenues that is required by paragraph (8) of subdivision (b) to be determined pursuant to this subdivision shall be determined in accordance with all of the following:
(A) The city and the county shall mutually select a third-party consultant to perform a comprehensive, independent fiscal analysis, funded in equal portions by the city and the county, that specifies estimates of all tax revenues that will be derived from the annexed territory and the costs of city and county services with respect to the annexed territory. The analysis shall be completed within a period not to exceed 30 days, and shall be based upon the general plan or adopted plans and policies of the annexing city and the intended uses for the annexed territory. If, upon the completion of the analysis period, no exchange of property tax revenues is agreed upon by the city and the county, subparagraph (B) shall apply.
(B) The city and the county shall mutually select a mediator, funded in equal portions by those agencies, to perform mediation for a period not to exceed 30 days.

If, upon the completion of the mediation period, no exchange of property tax revenues is agreed upon by the city and the county, subparagraph (C) shall apply. (C) The city and the county shall mutually select an arbitrator, funded in equal portions by those agencies, to conduct an advisory arbitration with the city and the county for a period not to exceed 30 days. At the conclusion of this arbitration period, the city and the county shall each present to the arbitrator its last and best offer with respect to the exchange of property tax revenues. The arbitrator shall select one of the offers and recommend that offer to the governing bodies of the city and the county.

If the governing body of the city or the county rejects the recommended offer, it shall do so during a public hearing, and shall, at the conclusion of that hearing, make written findings of fact as to why the recommended offer was not accepted. (2) Proceedings under this subdivision shall be concluded no more than 150 days after the auditor provides the notification pursuant to paragraph (3) of subdivision (b), unless one of the periods specified in this subdivision is extended by the mutual agreement of the city and the county. Notwithstanding any other provision of law, except for those conditions that are necessary to implement an exchange of property tax revenues determined pursuant to this subdivision, the local agency formation commission shall not impose any fiscal conditions upon a city’s qualified annexation of unincorporated territory that is subject to this subdivision. (f) Except as otherwise provided in subdivision (g), for the purpose of determining the amount of property tax to be allocated in the 1979–80 fiscal year and each fiscal year thereafter for those local agencies that were affected by a jurisdictional change which was filed with the State Board of Equalization after January 1, 1978, but on or before January 1, 1979. The local agencies shall determine by resolution the amount of property tax revenues to be exchanged between and among the affected agencies and notify the auditor of the determination.
(g) For the purpose of determining the amount of property tax to be allocated in the 1979–80 fiscal year and each fiscal year thereafter, for a city incorporation that was filed pursuant to Sections 54900 to 54904, inclusive, of the Government Code after January 1, 1978, but on or before January 1, 1979, the amount of property tax

ATTACHMENT A
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revenue considered to have been received by the jurisdiction for the 1978–79 fiscal year shall be equal to two-thirds of the amount of property tax revenue projected in the final local agency formation commission staff report pertaining to the incorporation multiplied by the proportion that the total amount of property tax revenue received by all jurisdictions within the county for the 1978–79 fiscal year bears to the total amount of property tax revenue received by all jurisdictions within the county for the 1977–78 fiscal year. Except, however, in the event that the final commission report did not specify the amount of property tax revenue projected for that incorporation, the commission shall by October 10 determine pursuant to Section 54790.3 of the Government Code the amount of property tax to be transferred to the city.

The provisions of this subdivision shall also apply to the allocation of property taxes for the 1980–81 fiscal year and each fiscal year thereafter for incorporations approved by the voters in June 1979.
(h) For the purpose of the computations made pursuant to this section, in the case of a district formation that was filed pursuant to Sections 54900 to 54904, inclusive, of the Government Code after January 1, 1978, but before January 1, 1979, the amount of property tax to be allocated to the district for the 1979–80 fiscal year and each fiscal year thereafter shall be determined pursuant to Section 54790.3 of the Government Code.
(i) For the purposes of the computations required by this chapter, in the case of a jurisdictional change, other than a change requiring an adjustment by the auditor pursuant to subdivision (a), the auditor shall adjust the allocation of property tax revenue determined pursuant to Section 96 or 96.1 or its predecessor section, or the annual tax increment determined pursuant to Section 96.5 or its predecessor section, for each local school district, community college district, or county superintendent of schools whose service area or service responsibility would be altered by the jurisdictional change, as determined as follows:
(1) The governing body of each district, county superintendent of schools, or county whose service areas or service responsibilities would be altered by the change shall determine the amount of property tax revenues to be exchanged between and among the affected jurisdictions. This determination shall be adopted by each affected jurisdiction by resolution. For the purpose of negotiation, the county auditor shall furnish the parties and the county board of education with an estimate of the property tax revenue subject to negotiation.
(2) In the event that the affected jurisdictions are unable to agree, within 60 days after the effective date of the jurisdictional change, and if all the jurisdictions are wholly within one county, the county board of education shall, by resolution, determine the amount of property tax revenue to be exchanged. If the jurisdictions are in more than one county, the State Board of Education shall, by resolution, within 60 days after the effective date of the jurisdictional change, determine the amount of property tax to be exchanged.
(3) Upon adoption of any resolution pursuant to this subdivision, the adopting jurisdictions or State Board of Education shall notify the county auditor who shall make the appropriate adjustments as provided in subdivision (a).

ATTACHMENT A
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(j) For purposes of subdivision (i), the annexation by a community college district of territory within a county not previously served by a community college district is an alteration of service area. The community college district and the county shall negotiate the amount, if any, of property tax revenues to be exchanged. In these negotiations, there shall be taken into consideration the amount of revenue received from the timber yield tax and forest reserve receipts by the community college district in the area not previously served. In no event shall the property tax revenue to be exchanged exceed the amount of property tax revenue collected prior to the annexation for the purposes of paying tuition expenses of residents enrolled in the community college district, adjusted each year by the percentage change in population and the percentage change in the cost of living, or per capita personal income, whichever is lower, less the amount of revenue received by the community college district in the annexed area from the timber yield tax and forest reserve receipts. (k) At any time after a jurisdictional change is effective, any of the local agencies party to the agreement to exchange property tax revenue may renegotiate the agreement with respect to the current fiscal year or subsequent fiscal years, subject to approval by all local agencies affected by the renegotiation.
(Amended by Stats. 2022, Ch. 37, Sec. 8. (AB 2957) Effective January 1, 2023.)

ATTACHMENT A
2591
Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION APPROVING AN AGREEMENT FOR PROPERTY TAX ALLOCATION

UPON ANNEXATION BETWEEN THE CITY OF STOCKTON AND THE COUNTY OF

SAN JOAQUIN
State Law encourages annexation of property to a city when development is proposed adjacent to the city, and the city is providing utility services; and Local Agency Formation Commissions (LAFCo), established by the State Legislature, have authority to approve, disapprove, or amend annexation proposals; and LAFCo requires that the City of Stockton (City) and County of San Joaquin (County) have an agreement in place for the allocation of property tax revenues in order for annexations to occur; and
On July 21, 2015, the City and County entered into a Master Property Tax Allocation Agreement with a term ending July 31, 2025; and Upon expiration, the 2015 agreement was neither extended nor replaced, necessitating individual negotiations for property tax allocations; and The City and County have negotiated the terms of an Agreement for Property Tax Allocation Upon Annexation (Exhibit 1); and
The Agreement also includes as a party to the Agreement any of the following detached special districts whose service area or service responsibility would be affected by an annexation and that execute the Agreement:
 Eastside Rural County Fire Protection District
 Lincoln Rural County Fire Protection District
 Tuxedo-Country Club Rural Fire District
 Boggs Tract Rural Fire Protection District
 Montezuma Fire Protection District
 French Camp-McKinley Fire Protection District
 Waterloo-Morada Rural County Fire Protection District; and The execution of the Agreement by a special district would be in lieu of the negotiation process set forth in California Revenue and Taxation Code Section 99(b) and (e); now, therefore,
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BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:

1. The City Council hereby approves the Agreement for Property Tax Allocation Upon Annexation between the City of Stockton, County of San Joaquin, and each detached special district that chooses to execute the Agreement attached hereto and marked Exhibit 1, and the City Manager is authorized and directed to execute same.

2. The City Manager, or designee, is authorized to take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution.

PASSED, APPROVED, AND ADOPTED May 12, 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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EXHIBIT 1
Master Annexation Agreement
1 County of San Joaquin & City of Stockton
Master Agreement for Property Tax Allocation upon Annexation A-26-
Master Tax Sharing Agreement (herein after, “AGREEMENT”) enteredintothis _____ day of _____, 2026 by and between the City of Stockton, a municipal corporation of the State of California, hereinafter referred to as "CITY," the County of San Joaquin, hereinafter referred to as "COUNTY," and each of the detached special districts, hereinafter referred to as DISTRICTS, that execute the AGREEMENT:

PREAMBLE:

CITY and COUNTY acknowledge that both CITY and COUNTY have increasing service responsibilities with restrained revenue resources. There is no consensus between CITY and COUNTY regarding the analysis of local government funding issues arising from annexations. CITY and COUNTY each have their own distinctive and differing perspectives on costs and revenues generated by annexed areas. However, there is a statutory requirement for a Property Tax Allocation Agreement for the Local Agency Formation Commission to annex land.

WITNESSETH:

WHEREAS, Article 13A, Section 1 of the Constitution of the State of California limits ad valorem taxes on real property to one percent (1%) of full cash value; and WHEREAS, Chapter 6 of Part 0.5 of Division 1 of the Revenue and Taxation Code (Sections 95 et. seq.) provides for the allocation of property tax revenues; and WHEREAS, Section 99 of the Revenue and Taxation Code authorizes local agencies like the CITY, COUNTY, and DISTRICTS to enter into an AGREEMENT to ensure that upon annexation, the associated property tax revenues are appropriately exchanged and reallocated to ensure continued funding for services; and WHEREAS, CITY, COUNTY, and DISTRICTS must have an AGREEMENT for the allocation of property tax revenues upon annexation.

WHEREAS, CITY, COUNTY, and DISTRICTS seek to equitably allocate and distribute available property tax revenues consistent with existing law to maximize each Party’s ability to deliver essential government services, to promote future economic development, and to provide needed housing within their respective jurisdictions; and
WHEREAS, this AGREEMENT is intended to constitute a master tax sharing and transfer agreement between the Parties to determine the exchange and allocation of property tax revenues between the CITY, COUNTY, and DISTRICTS following the annexation of property; and WHEREAS, CITY, COUNTY, and DISTRICTS recognize that when annexation to a city takes place, the annexing property is typically detached from DISTRICTS which, consequently, results in the DISTRICT no longer receiving property taxes from the annexing property; and WHEREAS, CITY, COUNTY, and DISTRICTS agree that this AGREEMENT is entered into on behalf of the Parties, including any DISTRICTS whose service area or service responsibility would be affected by an annexation, and that this AGREEMENT is in lieu of the negotiation process set forth in Section 99(b) and (e) of the Revenue and Taxation Code; NOW, THEREFORE, in consideration of the premises and the following terms and conditions, the parties hereto agree as follows:

1. DEFINITIONS. The words and phrases in this AGREEMENT shall have meanings as set forth below:
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EXHIBIT 1
Master Annexation Agreement
2 A. "Annexation Property Tax Base" shall mean the ad valorem tax on the Base Year Valuation allocated to the DISTRICTS and to COUNTY within the area being annexed.

B. "Detachment" shall mean the removal from a special district of any portion of the territory of that special district.

C. "Base Year Valuation" shall mean the assessed valuation applicable to the property and Improvements within the area being annexed at the time the application for annexation is submitted to the Local Agency Formation Commission (LAFCo).

D. "Incremental Growth" shall mean the total increase or decrease in the ad valorem tax resulting from the change in assessed value from the Base Year Valuation within the annexed area.

E. “Improved” or “Improvements” mean any street, curb, gutter, sidewalk, pipeline, streetscape, or other facilities, including structures within the area being annexed.

F. “Parties” means CITY, COUNTY, and DISTRICTS.

2. PROPERTY TAX ALLOCATION.

Upon each annexation, property tax allocation shall be determined pursuant to one of the following provisions:

A. For annexations that involve Detachment from a special district, CITY and COUNTY shall, upon each annexation that, in whole or in part, involves Detachment from a special district, share in the Annexation Property Tax Base pursuant to the ratio of 90% COUNTY and 10% CITY, and all Incremental Growth thereof pursuant to the ratio of 60% COUNTY AND 40% CITY for all portions of the annexation that involve Detachment from a special district. i. DISTRICTS that provide fire services, and have territory remaining post-detachment, shall receive, each year, whichever is greater, either 2.5% of the Incremental Growth or an amount equal to what they were receiving prior to annexation (adjusted each year beginning the first year following annexation in an amount equal to the CPI), for five (5) years from LAFCo annexation. The allocations from the CITY and COUNTY to a DISTRICT shall be covered 60% by the COUNTY and 40% by the CITY.

B. For annexations within which there is located a fire district but that do not involve Detachment of that fire district, CITY and COUNTY shall, upon each annexation share in the Annexation Property Tax Base and Incremental Growth thereof as follows:
i. Consolidated fire districts established prior to June 15, 1996, pursuant to the ratio of 20% CITY and 80% COUNTY.
ii. Consolidated fire districts established between June 15, 1996 and June 15, 2003, pursuant to the ratio of 15% CITY and 85% COUNTY.
iii. Consolidated fire districts established subsequent to June 15, 2003, pursuant to the ratio of 10% CITY and 90% COUNTY.

C. For annexations that do not fall into either of the above categories, such as an annexation that does not have within it a special district, this AGREEMENT does not apply and a separate agreement will be negotiated pursuant to Revenue and Taxation Code Section 99 (b) or (e).

D. CITY, COUNTY, and DISTRICTS agree that this AGREEMENT shall apply to determine the allocation between the parties of property tax and revenue generated from the area being annexed in lieu of the negotiation process set forth in California Revenue and Taxation Code Section 99(b) and (e).

3. APPLICATION OF AGREEMENT.

A. Term. The provisions of this AGREEMENT shall apply to all pending and future 2595
EXHIBIT 1
Master Annexation Agreement
3 annexations from the effective date of this AGREEMENT through July 31, 2036, unless otherwise terminated under Section 10.

B. Effective date. The effective date of property tax allocation for each annexation shall be determined in accordance with Government Code Section 54902 and any succeeding statutory provisions. Currently, statements of boundary change must be filed with the State Board of Equalization on or before December 1 of the year immediately preceding the year in which property taxes are to be shared.

C. Future property taxes. The provisions of this AGREEMENT would also apply to any property exempt from ad valorem taxes which subsequently became taxable within the area to be annexed.

D. Terms of subsequent agreements. Except as noted in Section 2, property tax share allocated to CITY from future annexation areas will be no lower than any other city in San Joaquin County with the same criteria.

4. JOINT REVIEW.

CITY, COUNTY, and DISTRICTS may jointly review COUNTY property tax records from time to time or as requested by CITY to verify accurate distribution under the Agreement.

5. EXCLUSIONS.

A. The AGREEMENT shall not apply to proposed annexation areas where the COUNTY is currently receiving transient occupancy tax (TOT) revenues. Annexation agreements for areas where the COUNTY is currently receiving TOT revenues will be individually negotiated between the COUNTY and CITY to address the potential TOT loss to the COUNTY.

B. The AGREEMENT shall not apply to proposed annexation areas where gross taxable sales, subject to sales and use taxes, exceed $1,700,000 in the most recent year that taxable sales data is available from the State Board of Equalization or any other State successor organization that may provide taxable sales information. Annexation agreements for areas containing over $1,700,000 in taxable sales will be individually negotiated between the COUNTY and CITY to address the potential sales and use tax loss to the COUNTY.

C. The AGREEMENT shall not apply to annexations that, in whole or in part, include more than fifty (50) acres of COUNTY owned property. Such annexations will be considered under separately negotiated and mutually beneficial annexation and development agreements.

D. As set forth in Section 2.C., the AGREEMENT shall not apply to an annexation that does not fit into the categories described in Section 2 A and B.

6. REGIONAL COOPERATION.

In consideration of the unique and mutual funding difficulties of both CITY and COUNTY, CITY and COUNTY will jointly develop and seek to implement changes in their activities which will improve the cost effectiveness of service delivery by both CITY and COUNTY, including but not limited to consolidation of services between governmental agencies and inter-agency contracting for services.

7. COUNTY CAPITAL FACILITIES FUNDING.

CITY recognizes the importance of regional services and facilities provided by the COUNTY for all residents of the entire COUNTY.

CITY shall contribute to COUNTY's funding for regional facilities by adopting or renewing a County facilities fee ordinance and resolution enacting and implementing the County Capital Facilities Fee (CFF) Program.
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EXHIBIT 1
Master Annexation Agreement
4 8. URBAN DEVELOPMENT COOPERATION.

A rational pattern of urban land uses is a common goal of CITY and COUNTY, as expressed in their respective General Plans. The efficient construction of urban infrastructure and the delivery of municipal services require cooperation between COUNTY and CITY within areas designated for urban development, specifically CITY'S Sphere of Influence.

A. County General Plan Policy. COUNTY affirms the policies expressed in its General Plan that support concentration of additional major urban development within urban centers.

B. Urban Planning and Development Cooperation. The preparation of land use and infrastructure plans within CITY'S Sphere of Influence, consistent with statutory guidelines, is encouraged. COUNTY shall refer all land use applications requiring discretionary approval within CITY'S Sphere of Influence to CITY for review and comment.

C. Capital Facilities Funding and Cooperation. CITY and COUNTY will cooperate in the development of infrastructure plans within CITY'S Sphere of Influence. Relative to areas for which CITY and COUNTY have jointly adopted master plans for infrastructure and, upon request by CITY, COUNTY will schedule an Area Development Impact Fee (ADIF) for public hearing. This ADIF will incorporate CITY development impact fees that are specifically required to support jointly planned infrastructure. COUNTY shall cooperate in the construction of capital facilities thus funded.

9. COMMUNITY SERVICE FACILITIES.

A. Siting of Community Facilities. CITY and COUNTY recognize the importance of community services provided by COUNTY and other providers and also the importance of these services being convenient to residents of COUNTY making use of these services.

Accordingly, as a part of the land use planning and pre-zoning for proposed municipal annexations, CITY will cooperate with COUNTY to identify community service needs of the local community and, where appropriate, work with COUNTY to locate potential sites for these community services facilities.

B. CITY may elect to adopt or add to existing development impact fees in lieu of providing community service facility sites. Such fees may be administered within CITY or may be included as a component of the above-mentioned County Capital Facilities Fee.

10. TERMINATION.

This AGREEMENT may be terminated, by any party hereto, upon six (6) months written notice which termination shall terminate the AGREEMENT for each and every party for annexation occurring after the effective date of the termination.

Said termination shall not affect annexations for which the LAFCo Executive Officer has issued a certificate of filing prior to the end of the six (6) month termination period. This AGREEMENT shall remain in effect for annexations for which the LAFCo Executive Officer has issued a certificate of filing under it.

11. GOVERNING LAW AND ATTORNEYS' FEES.

This AGREEMENT shall be construed and enforced in accordance with the laws of the State of California. Should any legal action be brought by either party because of any default under this AGREEMENT or to enforce any provision of this Agreement, or to obtain a declaration of rights hereunder, the prevailing party shall be entitled to reasonable attorneys' fees, court costs and such other costs as may be fixed by the Court. The standard of review for determining whether a default has occurred under this AGREEMENT shall be the standard generally applicable to contractual obligations in California.

12. NOTICES.

Any notice of communication required hereunder among CITY, COUNTY, and DISTRICTS must be in writing, and may be given either personally, by email (with original forwarded the same day by regular U.S. Mail) or by Federal Express or other similar courier promising 2597
EXHIBIT 1
Master Annexation Agreement
5 overnight delivery. If personally delivered, a notice or communication shall be deemed to have been given and received when delivered to the party to whom it is addressed. If given by email transmission, a notice or communication shall be deemed to have been given and received upon when actual received by the recipient, provided the original is forwarded the same day by regular U.S. Mail. Notices transmitted by email after 5:00 p.m. on a normal business day or on a Saturday, Sunday, or a holiday shall be deemed to have been given and received on the next normal business day. If given by Federal Express or similar courier, a notice or communication shall be deemed to have been given and received on the date delivered as shown on a receipt issued by the courier. Such notices or communications shall be given to the parties at their addresses set forth below:

To CITY (City Manager):

Johnny Ford
Historic City Hall
425 N. El Dorado St.

Stockton, California 95202
Telephone: (209) 937-8213
To COUNTY (CountyAdministrator):

Sandra Regalo
County Administration Building
44 N. San Joaquin St., Ste. 640
Stockton, California 95202-2931
Telephone: (209) 468-3203
To Signatory DISTRICT(s):

Board President
Address of record identified on the respective
District’s website.

With Copies To (City Attorney):

Marci Arredondo
Historic City Hall
425 N. El Dorado St.

Stockton, California 95202
Telephone: (209) 937-8917
With Copies To (County Counsel):

Edward J. Kiernan
County Administration Building
44 N. San Joaquin St., Ste. 679
Stockton, California 95202-2931
Telephone: (209) 468-0315
Any party hereto may at any time, by giving ten (10) days’ written notice to the other parties, designate any other address in substitution of the address to which such notice or communication shall be given.

13. SEVERABILITY.

If any provision of this AGREEMENT is held invalid, void, or unenforceable but the remainder of this AGREEMENT can be enforced without failure of material consideration to any party, then this AGREEMENT shall not be affected and it shall remain in full force and effect, unless amended by mutual consent of the parties. Notwithstanding this severability clause, each subsection of Section 2 Property Tax Allocation and Section 5 Exclusions, is material and substantial and the failure of said subsection is the failure of material consideration, causing the AGREEMENT to be void from the date that the subsection is held invalid.

14. FURTHER ASSURANCES.

Each party shall execute and deliver to the other party or parties all such other further instruments and documents and take all such further actions as may reasonably be necessary to carry out this AGREEMENT and to provide and secure to the other party or parties the full and complete enjoyment of its rights and privileges hereunder. 2598
EXHIBIT 1
Master Annexation Agreement
6 15. CONSTRUCTION.

All parties have been represented by counsel in the preparation of this AGREEMENT and no presumption or rule that ambiguity shall be construed against a drafting party shall apply to interpretation or enforcement hereof. Captions on sections and subsections are provided for convenience only and shall not be deemed to limit, amend, or affect the meaning of the provision to which they pertain.

16. OTHER MISCELLANEOUS TERMS.

The singular includes the plural; the masculine gender includes the feminine, "shall" is mandatory; "may" is permissive.

17. TIME.

Time is of the essence of each and every provision hereof.

18. COUNTERPART.

This AGREEMENT may be executed in counterpart agreements, binding each executing party as if said parties executed the same agreement.
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7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement.

RECOMMENDED FOR APPROVAL:

CITY OF STOCKTON COUNTY OF SAN JOAQUIN
Johnny Ford
City Manager
Sandra Regalo
County Administrator

COUNTY OF SAN JOAQUIN
Approved as to Form:

Sonny Dhaliwal
Chairman, Board of Supervisors
Approved as to Form
Marci Arredondo
City Attorney
ATTEST: Katherine Roland
City Clerk
Edward J. Kiernan
County Counsel
ATTEST: Rachél DeBord
Clerk of the Board of Supervisors
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EXHIBIT 1
Master Annexation Agreement
8 EASTSIDE RURAL COUNTY FIRE PROTECTION

DISTRICT
President, Board of Directors
Approved as to Form:

District Legal Counsel

TUXEDO-COUNTRY CLUB RURAL FIRE DISTRICT
President, Board of Directors
Approved as to Form:

District Legal Counsel

LINCOLN RURAL COUNTY FIRE PROTECTION

DISTRICT
President, Board of Directors
Approved as to Form:

District Legal Counsel

BOGGS TRACT RURAL FIRE PROTECTION

DISTRICT
President, Board of Directors
Approved as to Form:

District Legal Counsel

FRENCH CAMP-MCKINLEY FIRE PROTECTION

DISTRICT
President, Board of Directors
Approved as to Form:

District Legal Counsel

MONTEZUMA FIRE PROTECTION DISTRICT
President, Board of Directors
Approved as to Form:

District Legal Counsel

WATERLOO-MORADA RURAL COUNTY FIRE

PROTECTION DISTRICT
President, Board of Directors
Approved as to Form:

District Legal Counsel
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City of Stockton
Legislation Text
File #: 26-0570, Version: 1
FY 2025-26 MID-YEAR ADJUSTMENTS

RECOMMENDATION
It is recommended that Council approve allocating $504,925 to fund a portion of the outstanding midyear requests presented to Council on April 14, 2026.

Summary
The General Fund balance at the end of Fiscal Year 2024-25 was $57.7 million, of which $54.7 million is assigned to the 16.7% Working Capital Reserve. This left approximately $3 million available for appropriation. Council approved $2.6 million of mid-year General Fund requests at its April 14, 2026, meeting. The remaining requests were presented and discussed with the Budget and Finance Committee on April 30, 2026. Per the meeting minutes, the Committee approved motion 2026-04-30- 0302, sending a recommendation to Council approving all items, with the modification to remove the fence repair that has already been completed, change the Weston Ranch Substation to the Weston Ranch Library, and use the contingency fund to cover the balance and directing staff to work on a plan to replenish the contingency.

DISCUSSION
Background
The FY 2024-25 Q4 Year End Projection indicated an ending General Fund balance of $57,734,990, or $3,014,196 above the amount required for the 16.67% Working Capital Reserve. Departments were asked to submit mid-year requests for FY2025-26 for urgent, one-time needs. Staff reviewed the priorities identified during the February 19, 2026, City Council Planning Workshop, to guide recommendations. At the Workshop, Council members:

Identified key elements of their shared vision for the community, including:
· Being a safe and clean city,
· Economic development that results in a thriving economy, and · The investment in young people.

Affirmed the following key areas of focus:
· Public Safety
· Economic Development
· Expand Activities for Youth
· Homelessness
· Affordable Housing
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File #: 26-0570, Version: 1
· Infrastructure
Identified the following three as the highest priorities for FY 2026-2027, noting the interconnectedness with the six key focus areas listed above:
· Public Safety
· Economic Development
· Infrastructure
Staff also considered the risks and liabilities of noncompliance with legal or other statutory mandates.

Staff considered the permissible use of restricted funds to enable the completion of critical projects.

Present Situation
It is recommended that the Council allocate the remaining $504,925 to support the critical programs and activities noted on Attachment A.

Attachment A - FY2025-26 Mid-Year Request List
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Dept. Name Council Priority Area Description of Request Mid Year Request
One time or
Ongoing
Non GF
Recommendation
Non GF Funding
Source
GF
Recommendation
Items referred to Budget and Finance Committee
General Fund Available for Allocation: 504,925
Total of Remaining Requests: 759,100
Difference (254,175)
EDD Enhanced Services Infrastructure
Investment
Expand Opportunties
for Youth
The Pixie Woods Equipment Repairs/Maintenance line requires ongoing General Fundsupport to adequately sustain routine maintenance at the park. At mid-year, this account was over budget by more than $50,000, due to increased landscaping costs. The department requested ongoing General Fund support during the FY2025-26 budget development process; however, the request was not approved. Pixie Woods currently has several immediate maintenance needs, including:
train track repairs estimated at approximately $50,000, replacement of the water canal gate estimated at $30,000, which regulates and controls water inflow into the lagoon and is essential to maintaining proper lagoon water levels and overall park functionality. Additionally, the park’s annual landscaping maintenance cost is $200,000. The current available budget is insufficient to fully fund required landscaping services and other routine critical maintenance activities. 180,000 One time - - 180,000
CSD Grupe Softball Field Lights Infrastructure
Investment
After recent upgrades and the installation of new lighting controls, staff identified that approximately 30% of the lamps were no longer functioning. This mid-year request will improve existing lighting and the park by replacing the failed lamps to restore proper field lighting and provide a safe space to play.
145,000 One time - - 145,000
Mayor Community Engagement Economic
Development
Expanding Activities for
Youth
Community engagement and advisory committees, policy meetings, and intergovernmental activities.
59,100 One time - - 59,100
District 1 Infrastructure
Investment
Homeless encampment cleanup in Trinity Park Development area. 35,000 One time - - 35,000 District 2 Infrastructure
Investment
Public Safety
Kentfield Rd Police Substation. One-time implementation cost with ongoing expense of 48k. 50,000 One time - - 50,000 District 3 Infrastructure
Investment
Gibbons Park improvements and maintenance work that will replace signage, picnic tables, and park benches.
35,000 One time - - 35,000
District 4 Infrastructure
Investment
Oxford Circle improvements to install speed humps, bumps, and cushions to address speeding in the area.
80,000 One time - - 80,000
69,000 One time - - 69,000
71,000 Ongoing 71,000
District 6 Infrastructure
Investment
Repair of broken fence panels on French Camp Rd. 35,000 One time - - 35,000 District 6 Infrastructure
Investment
Public Safety
Weston Ranch Police Substation. One-time implementation cost with ongoing expense of 71k.

ATTACHMENT A
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City of Stockton
Legislation Text
File #: 26-0523, Version: 1

CONFERENCE WITH LABOR NEGOTIATOR
Agency Designated Representative: City Manager Johnny Ford; Deputy City Manager Will Crew; Deputy City Manager Christine Tien; City Attorney Marci Arredondo; Chief Financial Officer Gilbert Garcia, Admin Budget Officer John al-Amin; Director of Human Resources Rosemary Rivas; Supervising HR Analyst Labor Jasmine Pantoja; Police Chief McFadden; Assistant Chief Scott Graviette; Fire Chief Carr; and Legal Counsel, Che Johnson and Michael Jarvis of Liebert Cassidy Whitmore
Employee Organizations: Unrepresented Units, Stockton City Employees’ Association, Operating Engineer’s Local 3, Mid-Management/Supervisory Level Unit, Unrepresented Management/Confidential, Law Department, Stockton Police Management Association, Stockton Firefighters Local 456 International Association of Firefighters, Stockton Fire Management, Stockton Police Officers’ Association (SPOA)
This Closed Session is authorized pursuant to section 54957.6(a) of the Government Code.

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City of Stockton
Legislation Text
File #: 26-0519, Version: 1

COUNCIL COMMITTEE/BOARD AND COMMISSION MINUTES

RECOMMENDATION
Information item only. No action required.

City of Stockton Page 1 of 1 Printed on 5/6/2026
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MINUTES

PLANNING COMMISSION
MEETING OF APRIL 10, 2025
425 N. El Dorado St. Stockton, CA

1. CALL TO ORDER/ROLL CALL - 5:30 PM
Roll Call

Present:

Gurneel Boparai
Terry Hull
Derek Graves
William Muetzenberg
Yolanda Amen
Jeff Sanguinetti
Note: Commissioner Amen arrived at 5:43 PM

2. PLEDGE TO FLAG
The Pledge of Allegiance was led by Commissioner Boparai

3. ADOPTION OF CONSENT CALENDAR
Approve the Consent agenda with a single vote
Moved by: Terry Hull, seconded by Gurnee! Boparai.

Vote: Motion carried 4-1
Yes: Gurnee! Boparai, Terry Hull, William Muetzenberg, and Jeff Sanguinetti.

No: Derek Graves.

Absent: Yolanda Amen.

3.1 25-0208 REQUEST FOR A THIRD ONE-YEAR TIME EXTENSION FOR AN

APPROVED VESTING TENTATIVE MAP FOR TRA VIGNE EAST PROJECT SITE (APPLICATION NO. P25-0031)
Resolution 2025-04-10-0301 approving a third one-year time extension for the Tra Vigne East Vesting Tentative Map.

Legislation Text
Attachment A- Location. General Plan, and Zoning MaP..§ Attachment B - CitY. Council Resolution
Attachment C - Am2roved Vesting Tentative Ma12
Attachment P - LAfCo certificate
Attachment E - Resolution 2023-01-26-0302
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Attachment F - Resolution 2024-02-22-0303
Attachment G -Ap,plicant Regunt
Proposed Resolution - Recommending Approval
Exhibit 1 -Approved Vesting Tentative Ma12
Commissioner Correspondence - Public Comments
8pproved Resolution 2025-04-10-0301

3.2 25-0209 REQUEST FOR A THIRD ONE-YEAR TIME EXTENSION FOR AN

APPROVED VESTING TENTATIVE MAP FOR TRA VIGNE WEST PROJECT SITE (APPLICATION NO. P24-0260)
Resolution 2025-04-10-0302 approving a third, one-year time extension for the Tra Vigne West Vesting Tentative Map
Legislation Text
Attachment A- Location, General Plan and Zoning MaP-§
Attachment B - Cjty Councjl Resolytjon
Attachment C -Ap12roved Vesting Tentatjve Ma12
Attachment D - LAFCo Certificate
Attachment E- Resolution 2023-01-26-0303
Attachment F - Resolution 2024-02-22-0302
Attachment G - ApP.licant Reguest
Pro12osed Resolution - Recommending Ai:212roval
Exhibit 1 -Vesting Tentative MaP.

Commissioner Correspondence - Public Comments
Approved Resolution 2025-04-10-0302

3.3 25-0426 APPROVE A RESOLUTION DENYING A USE PERMIT TO ESTABLISH

A CANNABIS RETAIL STOREFRONT AND A NON-STOREFRONT RETAIL (DELIVERY ONLY) BUSINESS AT 4895 STATE ROUTE 99 FRONTAGE ROAD, SUITE C (APN 179-260-52) (APPLICATION NO. P24-0214)
Resolution 2025-04-10-0303 denying a Use Permit to establish cannabis retail storefront and non-storefront retail (delivery only) business within an existing building at 4895 State Route 99 Frontage Road, Suite C (Application No. P24- 0214 ),
Legislation Text
Attachment A - Planning Commission Staff Report 3-27-2025 Proposed Resolution
Approved Resolution 2025-04-10-0303

4. PUBLIC COMMENT
2608
None

5. PUBLIC HEARINGS/ENVIRONMENTAL ASSESSMENTS

5.1 25-0422 CONTINUED - MITIGATED NEGATIVE DECLARATION, PREZONING

AND DESIGN REVIEW REQUEST FOR A PROPOSED INDUSTRIAL
DEVELOPMENT AT 6505 SOUTH MCKINLEY AVENUE (APN 193-020-34) (APPLICATION NO. P23-0125)
Legislation Text
Attachment A- Location Map and Aerial Photo
Attachment B - Zoning Ma12
Attachment C - General Plan Land Use Map
Attachment D - Conceptual Project Plans
Attachment E - Prezoning Description
Pro12osed Resolution - Mitigated Negative Declaration
Exhibit 1 - Mitigated Negative Declaration
Pro(;!osed Resolution - Prezoning & Design Review
Exhibit 1 - Prezoning Exhibit
Exhibit 1 a - Prezoning Ordinance
Exhibit 2 - Color Elevations
PowerPoint Presentatjon
8P-P-roved Resolutjon 2025-04-10-0501-01
8r2r2roved Resolution 2025-04-10-0501-02
Commissjoner Correspondence - Public Comment - Ma[Y. Elizabeth The following person(s) spoke to this item: Raul Hernandez and Mitch Vinciguerra Approve Resolution 2025-04-10-0502-01 recommending the City Council adopt a Mitigated Negative Declaration for the Project; and
Resolution 2025-04-10-0502-02 recommending the City Council adopt an Ordinance for the Prezoning of APN 193-020-34 to Industrial, Limited (IL); and approving Design Review for the Project.

Moved by: Jeff Sanguinetti, seconded by Terry Hull.

Vote: Motion carried 6-0
Yes: Gurneel Boparai, Terry Hull, Derek Graves, William Muetzenberg, Yolanda Amen, and Jeff Sanguinetti.

5.2 25-0433 REQUEST FOR A COMMISSION USE PERMIT AND WAIVER TO

UPGRADE FROM THE OFF-SALE BEER AND WINE TO OFF-SALE OF

GENERAL ALCOHOLIC BEVERAGES AT AN EXISTING CONVENIENCE STORE AT 10715 TRINITY PARKWAY (APN 066-020-40) (P24-0254}
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Note: This item was pulled from the agenda for further review.

Legislation Text

5.3 25-0231 REQUEST FOR ANNEXATION, PREZONING, VESTING TENTATIVE

MAP, PLANNED DEVELOPMENT PERMIT, WAIVER AND HERITAGE TREE REMOVAL, FOR A PROPOSED 217 LOT SINGLE-FAMILY RESIDENTIAL DEVELOPMENT (MURRAY RANCH) AT 2560 HALL AVENUE (APNS 173-030- 110 & 173-040-750) (P23-0346)
Legislation Text
Attachment A- Location MaP. and Aerial Photo
Attachment B - General Plan Land Use MaP.,
Attachment C - Zoning.Ms12
Attachment D - Prezoning DescriP.tion and MaP.

Attachment E - Vesting Tentative Ma(.'l
Attachment F - Planned DeveloP.ment Exhibit
Attachment G - OP.en SP.ace Exhibit
Attachment H - Arborist ReP.ort
Attachment I - Annexation Ma(.'l
ProP.osed Resolution - Recommending Approval - Tentative Parcel Map Design Review, Heritage Tree Removal
Exhibit 1 - Vesting Tentatjve MaQ
ProP.osed Resolution - Prezone
Exhjbjt 1 - Prezone Ordjnance
Exhjbjt 2 - Prezoning Descrjption and MaQ
PowerPoint Presentation
Document FUed - Mike O'hara
AP.P.roved Resolution 2025-04-10-0503-01
A1212roved Resolution 2025-04-10-0503-02
Approve Resolution 2025-04-10-0503-02

1. Find no further environmental review is necessary under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21083.3 and CEQA Guidelines Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning); and

2. Adopting a Resolution recommending the City Council adopt an ordinance for the Pre-Zoning of APNs 173-030-11 and 173-040-75 to Residential, Low (RL); and Approve Resolution 2025-04-10-0503-01
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3. Adopting a Resolution approving a Vesting Tentative Map, Planned Development.Waiver, and Heritage Tree Removal, subject to conditions.

With an amendment to add a new condition for ODS to conduct a pre-construction biological survey for potential sensitive species onsite.

Moved by: Jeff Sanguinetti, seconded by Gurnee! Boparai.

Vote: Motion carried 6-0
Yes: Gurnee! Boparai, Terry Hull, Derek Graves, William Muetzenberg, Yolanda Amen, and Jeff Sanguinetti.

The following person(s) spoke to this item: Andrea Blanson, Gloria Prieto, Benji Adams, Tim Mora, Calvin Jones, Patrick Gonzalez and Peter Torner Jr.

6. NEW BUSINESS
None

7. UNFINISHED BUSINESS
None

8. REPORTS/COMMUNICATIONS/INFORMATIONAL ITEMS
Chair Sanguinetti - Ad-Hoc Committee code meeting update.

Deputy Director Mike McDowell - meet with Commissioners to discuss findings on projects.

8.1 25-0432 POLICE DEPARTMENT PRESENTATION
Informational only. No action taken.

Legislation Text
Commissioner Correspondence - Public Comment - Mike Boparai

9. COMMISSIONERS COMMENTS
Commissioner Boparai - City of Tracy Planning Commission, warehouse ordinance
Commissioner Amen - apologized for late attendance

10. ADJOURNMENT - 9:01 PM
Assistant Director, Community Development
Department
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MINUTES

PLANNING COMMISSION
MEETING OF APRIL 24, 2025
425 N. El Dorado St. Stockton, CA

1. CALL TO ORDER/ROLL CALL - 5:30 PM
Roll Call

Present:

Terry Hull
Derek Graves
William Muetzenberg
Yolanda Amen
Jeff Sanguinetti

Absent:

Gurneel Boparai.

Note: Commissioner Boparai arrived at 5:35 PM

2. PLEDGE TO FLAG
The Pledge of Allegiance was led by Commissioner Amen

3. ADOPTION OF CONSENT CALENDAR
None

4. PUBLIC COMMENT
Mary Elizabeth - projects decisions; community impact, EIR notice

5. PUBLIC HEARINGS/ENVIRONMENTAL ASSESSMENTS
None

6. NEW BUSINESS

6.1 25-0424 FISCAL YEAR 2025-2030 CAPITAL IMPROVEMENT PROGRAM - CONFORMITY DETERMINATION TO THE ENVISION STOCKTON 2040

GENERAL PLAN
Legislation Text
Attachment A- CIP FY 2025-2030 - Draft
Pro12osed Resolution -Recommending A12proval
Approved Resolution 2025-04-24-0601
Powerpojnt Presentation
Commission CorresP.ondence - Public Comment
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The following person spoke to the following item: Pat Barret Approve Resolution 2025-04-24-0601 finding that the 2025-2030 Capital Improvement Program (CIP) for Fiscal Years (FY) 2025-26 through 2029-30 conforms to the Envision Stockton 2040 General Plan.

Moved by: Terry Hull, seconded by William Muetzenberg.

Vote: Motion carried 6-0
Yes: Gurneel Boparai, Terry Hull, Derek Graves, William Muetzenberg, Yolanda Amen, and Jeff Sanguinetti.

6.2 25-0040 2024 ANNUAL COMPLIANCE REVIEW FOR DEVELOPMENT

AGREEMENTS
Legislation Text
ATTACHMENT A- MAP of Active Develo12ment Agreements in 2024 ATTACHMENT B - Development Agreements Summaries
ATTACHMENT B -Develo12ment Agreements Summarjes
ATTACHMENT C -Annual Review Request Letters and Resgonses ATTACHMENT D - Develogment Agreement Compliance Summacv.

PowerPoint Presentation
Around The Bench Memo
Note: A memo dated April 23, 2025 from Michael McDowell, Assistant Community Development Director relating to the item 6.2 was distributed around the bench informing commissioners that staff received an email from the Port of Stockton requesting a revision to their previously submitted annual review letter dated January 27, 2025 as well as a textual error on page 213, Mariposa Lakes DA compliance.

The following person spoke to the item: Pat Barett
Approve Motion 2025-04-24-0602:

1. Accepting the 2024 annual development agreement compliance review and project determinations indicating if applicants progress complies or does not comply with the terms and conditions of their respective Development Agreement with the city provided herein; with an exception of the Mariposa Lakes Development Agreement to submit an annexation agreement to the City within 6 months from this meeting and

2. Directing staff to notify applicants of the compliance determinations.

Moved by: Jeff Sanguinetti, seconded by Terry Hull.

Vote: Motion carried 6-0
Yes: Gurneel Boparai, Terry Hull, Derek Graves, William Muetzenberg, Yolanda 2613
Amen, and Jeff Sanguinetti.

7. UNFINISHED BUSINESS
None

8. REPORTS/COMMUNICATIONS/INFORMATIONAL ITEMS
Mike McDowell, Assistant Community Development Director - development code update; upcoming agenda items

9. COMMISSIONERS COMMENTS
Commissioner Boparai - State bill AB 379; SP 764764; AB 573, commissioner status; thanked City Clerk Department
Vice Chair Muetzenberg - commissioner status

10. ADJOURNMENT - 7:04 PM � �
Michael McDowell
Assistant Director, Community Development
Department
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MINUTES

PLANNING COMMISSION
MEETING OF MAY 8, 2025
425 N. El Dorado St. Stockton, CA

1. CALL TO ORDER/ROLL CALL - 5:30 PM
Roll Call

Present:

Gurneel Boparai
Terry Hull
Derek Graves
William Muetzenberg
Yolanda Amen
Jeff Sanguinetti

2. PLEDGE TO FLAG
The Pledge of Allegiance was led by Vice Chair Muetzenberg

3. ADOPTION OF CONSENT CALENDAR
None

4. PUBLIC COMMENT
Mary Elizabeth - meeting minutes, calls of service; crime reporting districts

5. PUBLIC HEARINGS/ENVIRONMENTAL ASSESSMENTS

5.1 25-0359 REQUEST FOR A COMMISSION USE PERMIT AND DESIGN REVIEW TO ALLOW A FOOD TRUCK PARK/COMMISSARY CO-LOCATION AT 3646 TELSTAR PLACE (P24-0158) (APN 130-020-11)
!:ggislation Text
Attachment A - Location MaP. and Aerial Photo
Attachment B - General Plan Land Use and Zoning MaPAttachment C - Concef2tual Project Plans Attachment D - Proiect Rendering
Attachment E - Shade Sails Galle[Y.

ProP.osed Resolution - AP.12roval of Food Truck Park
Exhibit 1 - Project Plans
ApP.roved Resolution 2025-05-08-0501
PowerPoint Presentation
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Around The Bench Memo
Commjssjoner correspondence - pybljc comment
The following persons spoke to the item: Mary Elizabeth Approve Resolution 2025-05-08-0501 approving a Commission Use Permit and Design Review to Allow a Food Truck Park/Commissary Co-location at 3646 Telstar Place (APN 130-020-11); and,
Finding that the proposed Project is Categorically Exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15303(c), New Construction or Conversion of Small Structure, as revised by the around the bench memo and clarifying condition number 25 requiring refueling to occur after regular business operating hours
Moved by: Jeff Sanguinetti, seconded by Terry Hull.

Vote: Motion carried 6-0
Yes: Gurneel Boparai, Terry Hull, Derek Graves, William Muetzenberg, Yolanda Amen, and Jeff Sanguinetti.

5.2 25-0511 AMENDMENTS TO TITLE 16 OF THE STOCKTON MUNICIPAL CODE

TO REFLECT CHANGES TO STATE LAW AND ACCOMMODATE HOUSING DEVELOPMENT CONSISTENT WITH THE 2040 STOCKTON GENERAL PLAN Resolution 2025-05-08-0502 recommending the City Council: 1. Finding no further environmental review is required for the proposed amendments to Title 16 (Development Code) under the C_alifornia Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning) of Title 14 of the California Code of Regulations (State CEQA Guidelines); and 2. Adopting an Ordinance amending the following provisions of the Stockton Municipal Code {SMC) Title 16 (Development Code): a.

Division 1 (Purpose and Applicability of the Development Code), b. Division 2, Chapter 16.16, Section 16.16.020 (Zoning districts established), Chapter 16.20, Section 16.20.020 (Allowable land uses and permit requirements), Chapter 16.24 (Zoning District Development Standards), Chapter 16.28 (Overlay Zoning District Development Standards), c. Division 3, Chapter 16.32, Section 16.32.060 (Graffiti), Section 16.32.070 (Light and Glare), Chapter 16.36 (General Development and Use Standards), Chapter 16.38 (Building Design Standards), Chapter 16.40 (Affordable Housing Incentive/Density Bonus Provisions), Chapter 16.48 {Fences, Hedges, and Walls), Chapter 16.52 (Infill Development Standards), Chapter 16.64, Section

16.64.040 (Number of Parking Spaces Required), Section 16.64.11 O (Off-Street Loading Space Standards), Chapter 16.68 (Planned Development (Permit) Standards), Chapter 16.72 (Public Improvements), Chapter 16.80, Section

16.80.020 (Accessory Uses and Structures), Section 16.80.060 {Animal Regulations), Section 16.80.100 (Child care facilities), Section 16.80.120 (Condominium Conversions), Section 16.80.155 (Emergency Shelters), Section

16.80.210 (Mobilehome Parks and Subdivisions), Section 16.80.215 (Multi-Unit Residential), Section 16.80.220 (Multifamily Development), Section 16.80.225 (CoLiving Facilities), Section 16.80.230 (Multi-Use Facilities), Section 16.80.310 (Accessory Dwelling Units and Junior Accessory Dwelling Units), Section 16.80.350 (Urban Agriculture), Section 16.80.360 (Utility Equipment), Section 16.80.375 (Wind Power Equipment), Section 16.80.400 (Supportive and Transitional Housing), d.

Division 5, Chapter 16.112 (Administrative Exception), Chapter 16.164, Section 2616

16.164.060 (Temporary Activity Permits Development Standards), Chapter 16.176, Section 16.176.020 (Waiver Review Authority), e. Division 6, Chapter 16.196 {Condominium Conversions), Chapter 16.212 {Urban Lot Splits), f. Division 7, Chapter 16.214 (Requests for Reasonable Accommodation Under the Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act), Chapter 16.220, Section 16.220.105 (Demolition or Relocation of Historic Resources), and g. Division 8, Chapter 16.240 (Definitions/Glossary), and Chapter

16.250 (Use Classifications).

Legislation Text
Attachment A- Proposed Title 16 Amendments - Redline
Proposed Resolution
Exhibit 1 - Proposed Ordinance
81212roved Resolution 2025-05-08-0502
PowerPoint Presentation
Around The Bench Memo
Around the Bench Memo #2
Commissioner Corres12ondence - Public Comment
The following people spoke to the item: Mary Elizabeth, Mark Forester Approve Motion 2025-05-08-0502 waive the reading of Commissioner Correspondence
Moved by: Jeff Sanguinetti, seconded by William Muetzenberg.

Vote: Motion carried 5-0
Yes: Gurneel Boparai, Terry Hull, William Muetzenberg, Yolanda Amen, and Jeff Sanguinetti.

Abstain: Derek Graves.

Approve Resolution 2025-05-08-0502 recommending the City Council find no further environmental review is required for the proposed amendments to Title 16 (Development Code) under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning) of Title 14 of the California Code of Regulations (State CEQA Guidelines); and.

Adopt an Ordinance amending the following provisions of the Stockton Municipal Code (SMC) Title 16 (Development Code) excluding SMC 16.28 and with revisions to table 2-3 to reflect a 45 foot lot width as reflected in the around the bench memo:
a. Division 1 (Purpose and Applicability of the Development Code), b. Division 2, Chapter 16.16, Section 16.16.020 (Zoning districts established), Chapter 16.20, Section 16.20.020 (Allowable land uses and permit requirements), Chapter 16.24 (Zoning District Development Standards), Chapter 16.28 (Overlay Zoning District Development Standards),
c. Division 3, Chapter 16.32, Section 16.32.060 (Graffiti), Section 16.32.070 (Light 2617
and Glare), Chapter 16.36 (General Development and Use Standards), Chapter

16.38 (Building Design Standards), Chapter 16.40 (Affordable Housing Incentive/Density Bonus Provisions), Chapter 16.48 (Fences, Hedges, and Walls), Chapter 16.52 (Infill Development Standards), Chapter 16.64, Section 16.64.040 (Number of Parking Spaces Required), Section 16.64.110 (Off-Street Loading Space Standards), Chapter 16.68 (Planned Development (Permit) Standards), Chapter

16.72 (Public Improvements), Chapter 16.80, Section 16.80.020 (Accessory Uses and Structures), Section 16.80.060 (Animal Regulations), Section 16.80.100 (Child care facilities), Section 16.80.120 (Condominium Conversions), Section 16.80.155 (Emergency Shelters), Section 16.80.210 (Mobilehome Parks and Subdivisions), Section 16.80.215 (Multi-Unit Residential), Section 16.80.220 (Multifamily Development}, Section 16.80.225 (Co-Living Facilities), Section 16.80.230 (Multi-Use Facilities), Section 16.80.310 (Accessory Dwelling Units and Junior Accessory Dwelling Units), Section 16.80.350 (Urban Agriculture), Section 16.80.360 (Utility Equipment), Section 16.80.375 (Wind Power Equipment), Section 16.80.400 (Supportive and Transitional Housing),
d. Division 5, Chapter 16.112 (Administrative Exception), Chapter 16.164, Section

16.164.060 (Temporary Activity Permits Development Standards), Chapter 16.176, Section 16.176.020 (Waiver Review Authority),
e. Division 6, Chapter 16.196 (Condominium Conversions), Chapter 16.212 (Urban Lot Splits),
f. Division 7, Chapter 16.214 (Requests for Reasonable Accommodation Under the Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act), Chapter 16.220, Section 16.220.105 (Demolition or Relocation of Historic Resources), and
g. Division 8, Chapter 16.240 (Definitions/Glossary), and Chapter 16.250 (Use Classifications).

With an amendment to exclude Chapter 16.28 (Overlay Zoning District Development Standards) and an amendment to Table 2-3 to reflect a 45 foot residential lot width as reflected in the around the bench memo.

Moved by: Terry Hull, seconded by William Muetzenberg.

Vote: Motion carried 6-0
Yes: Gurnee! Boparai, Terry Hull, Derek Graves, William Muetzenberg, Yolanda Amen, and Jeff Sanguinetti.

6. NEW BUSINESS
None

7. UNFINISHED BUSINESS
Chair Sanguinetti - calls for service report; code development changes

8. REPORTS/COMMUNICATIONS/INFORMATIONAL ITEMS
None

9. COMMISSIONERS COMMENTS
Commissioner Boparai - California Assembly bill 379, Martin Luther King corridor citations, Planning Commissioner status
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Vice Chair Muetzenberg - bicycle masterplan; pedestrian safety on March Lane, food truck energy sources
Commissioner Hull - item 5.1 approval
Commissioner Amen - thanked staff, food truck park, recognition for Commissioner Boparai
Michael McDowell
Assistant Director, Community Development
Department
2619

MINUTES

PLANNING COMMISSION
MEETING OF JUNE 26, 2025
425 N. El Dorado St. Stockton, CA

1. CALL TO ORDER/ROLL CALL - 5:30 PM
Roll Call

Present:

Terry Hull
Derek Graves
William Muetzenberg
Yolanda Amen
Pandora Crowder

Absent:

Jeff Sanguinetti.

2. PLEDGE TO FLAG
The Pledge of Allegiance was led by Commissioner Hull

3. ADOPTION OF CONSENT CALENDAR

3.1 25-0710 APPROVAL OF PLANNING COMMISSION MINUTES
Legislation Text
Attachment A - 2025-03-27 PC Minutes
Approve Motion 2025-06-26-0301 approving the minutes of the March 27, 2025 Planning Commission meeting.

Moved by: Terry Hull, seconded by Yolanda Amen.

Vote: Motion carried 5-0
Yes: Terry Hull, Derek Graves, William Muetzenberg, Yolanda Amen, and Pandora Crowder.

Absent: Jeff Sanguinetti.

4. PUBLIC COMMENT
LanPhoung Nguyen - affordable housing

5. PUBLIC HEARINGS/ENVIRONMENTAL ASSESSMENTS

5.1 25-0400 REQUEST FOR ANNEXATION, GENERAL PLAN AMENDMENT,

PREZONING, ENVIRONMENTAL IMPACT REPORT, VESTING TENTATIVE MAP, PLANNED DEVELOPMENT, AND WAIVER REQUEST, FOR A PROPOSED 1,411 UNIT RESIDENTIAL DEVELOPMENT (LEBARON RANCH) AT 900 & 1300 EAST 2620
EIGHT MILE ROAD & 10550 & 10600 NORTH LOWER SACRAMENTO ROAD (APNS 084-050-01; -02; -03; -06; -07; -08; -14; -25; -26; -27; -28; 084-030-04) (P22-0139)
Legislation Text
Attachment A - Location MaP. & Aerial Photo
Attachment B - General Plan Land Use Ma12
Attachment C - Zoning Ma12
Attachment D - Proposed General Plan Amendment Ma12
Attachment E - Prezoning Ma12
Attachment F - Draft EIR
Attachment G - Vesting Tentative Ma12
Attachment H - Planned Development Permit
Attachment I - Open SP.ace Exhibit
Attachment J -Annexation Ma12
f!:9posed Resolutjon - EIR
Exhibit 1 - LeBaron Ranch Public FEIR
Exhibit 2- LeBaron Fjndings of Fact and Statement
Proposed Resolution - General Plan Amendment
Exhibit 1 - Proposed General Plan Ma12
ProP.osed Resolution - Prezone
Exhibit 1 - Prezone Ordinance
Exhibit 1 a - Prezone Ma12
Progosed Resolution - Tentative Parcel Map,, Planned Develo12ment and Waiver Exhibit 1 - Vesting Tentative Mar:2
Exhibit 2 - Planned Develo12ment Document
�pgroved Resolution 2025-06-26-0501-01
�ggroved Resolution 2025-06-26-0501-02
�pproved Resolution 2025-06-26-0501-03
�Qproved Resolution 2025-06-26-0501-04
eer
�Qproved Resolution 2025-06-26-0501-04
Approve Resolution 2025-06-26-0501-01 forwarding a recommendation to the City Council to adopt the Environmental Impact Report (SCH #2023070657), including a Statement of Overriding Considerations, and adopt a Mitigation Monitoring and Reporting Program; and
Resolution 2025-06-26-0501-02 forwarding a recommendation to the City Council to 2621
approve a General Plan Land Use Map Amendment to adjust the Land Uses for 12 Assessor Parcel Numbers, including 084-050-01; -02; -03; -06; -07; -08; -14; -25; -26; -27; -28; and 084-030-04, to a mix of Low Density Residential, Medium Density Residential, High Density Residential, Institutional, and Public Facilities land uses; and
Resolution 2025-06-26-0501-03 forwarding a recommendation to the City Council to approve an ordinance for the Prezoning of APNs 084-050-01; -02; -03; -06; -07; -08; -14; -25; -26; -27; -28; and 084-030-04 to include a combination of Residential, Low (RL), Residential, Medium (RM), and Residential, High (RH) Density as well as Public Facilities (PF) zoning; and
Resolution 2025-06-26-0501-04 approving a Vesting Tentative Map, Planned Development, and Waiver Request, subject to conditions
Moved by: Derek Graves, seconded by Yolanda Amen.

Vote: Motion carried 5-0
Yes: Terry Hull, Derek Graves, William Muetzenberg, Yolanda Amen, and Pandora Crowder.

Absent: Jeff Sanguinetti.

6. NEW BUSINESS
None

7. UNFINISHED BUSINESS
None

8. REPORTS/COMMUNICATIONS/INFORMATIONAL ITEMS
Michael McDowell, Assistant Director for Community Development Department - development code

9. COMMISSIONERS COMMENTS

10. Commissioner Amen - thanked staff, housing affordability Commissioner Hull - project applicant roots
Vice Chair Muetzenberg - thanked fellow commissioners, housing affordability ADJOURNMENT - 7:03 PM ��
Michael McDowell
Assistant Director, Community Development
Department
2622

MINUTES

PLANNING COMMISSION
MEETING OF AUGUST 14, 2025
425 N. El Dorado St. Stockton, CA

1. CALL TO ORDER/ROLL CALL - 5:30 PM
Roll Call

Present:

Terry Hull
Derek Graves
Yolanda Amen
Jeff Sanguinetti
Pandora Crowder
Jazmine Hernandez

Absent:

William Muetzenberg.

2. PLEDGE TO FLAG
The Pledge of Alliance was led by Commissioner Hernandez

3. ADOPTION OF CONSENT CALENDAR
Approve the Consent agenda with a single vote
Moved by: Pandora Crowder, seconded by Yolanda Amen.

Vote: Motion carried 5-0
Yes: Terry Hull, Derek Graves, Yolanda Amen, Jeff Sanguinetti, and Pandora Crowder.

Abstain: Jazmine Hernandez.

Absent: William Muetzenberg.

3.1 25-0814 APPROVAL OF PLANNING COMMISSION MINUTES
Motion 2025-08-14-0301 approving the minutes of the June 12, 2025 Planning Commission meeting.

Legislation Text
Attachment A- 2025-06-12 PC Minutes

3.2 25-0894 APPROVE A RESOLUTION RECOMMENDING THE CITY COUNCIL

DENY THE PREZONING REQUEST AND DENYING THE DESIGN REVIEW

REQUEST FOR A DRIVE THROUGH QUICK-SERVE RESTAURANT
DEVELOPMENT AT 9324 THORNTON ROAD (APN 072-450-26) (APPLICATION NO. P23-0295)
2623
Resolution 2025-08-14-0302 approving the denial of the Prezoning request and the Design Review request to develop a quick-serve drive through restaurant on a legal parcel, APN 072-450-26, located at the southeast corner of Thornton Road and Wagner Heights Road at 9324 Thornton Road (Project}, in accordance with appropriate findings in the proposed resolution.

Legislation Text
Attachment A -July 10, 2025 Planning Commission Staff ReP-ort ProQosed Resolution for Denial
8P-Qroved Resolution 2025-08-14-0302

4. PUBLIC COMMENT
Mike Hakem - administrative process of going to City Council

5. PUBLIC HEARINGS/ENVIRONMENTAL ASSESSMENTS

5.1 25-0468 COMMISSION USE PERMIT TO ESTABLISH A CANNABIS RETAIL STOREFRONT BUSINESS AT 5066 WEST LANE, {APN 096-140-27) {APPLICATION NO. P25-0022)
RECOMMENDATION Staff recommends that the Planning Commission adopt a resolution: 1. Finding that the project is categorically exempt from the CEQA, pursuant to CEQA Guidelines Section 15301 (a) (Existing Facilites), as the project will occupy an existing building and no expansion is proposed. 2. Approving a Commission Use Permit to allow a proposed cannabis retail storefront business within an existing building, in accordance with the findings and subject to the conditions found in the Proposed Resolution.

Legislation Text
Attachment A - Cannabis Lottery Win letter
Attachment B - Location Ma12
Attachment C - General Plan Land Use MaPAttachment D - Zoning Map Attachment E - Sensitive Uses ProximitY. Mai:2
Attachment F -Certificate of Lot Line Adjusment (LLA 24-02).

Attachment G -AI:mroved Cannabis Locations
ProQosed Resolution
Exhibit 1
PowerPoint Presentation
Approve Motion 2025-08-14-0501-01 rejecting to continue item to August 28, 2025 Planning Commission meeting.

Moved by: Terry Hull, seconded by Jeff Sanguinetti.
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Vote: Motion failed 2-4
Yes: Terry Hull, and Jeff Sanguinetti.

No: Derek Graves, Yolanda Amen, Pandora Crowder, and Jazmine Hernandez.

Absent:William Muetzenberg.

Approve Motion 2025-08-14-0501-02 denying a Commission Use Permit to allow a proposed cannabis retail storefront business within an existing building, in accordance with the findings of denial
Moved by: Derek Graves, seconded by Pandora Crowder.

Vote: Motion failed 3-3
Yes: Derek Graves, Pandora Crowder, and Jazmine Hernandez.

No: Terry Hull, Yolanda Amen, and Jeff Sanguinetti.

Absent:William Muetzenberg.

Approve Motion 2025-08-14-0501-03 suspending the rules to allow continuance to August 28th Planning Commission meeting.

Moved by: Jeff Sanguinetti, seconded by Terry Hull.

Vote: Motion carried 4-2
Yes: Terry Hull, Yolanda Amen, Jeff Sanguinetti, and Pandora Crowder.

No: Derek Graves, and Jazmine Hernandez.

Absent: William Muetzenberg.

6. NEW BUSINESS
None

7. UNFINISHED BUSINESS
None

8. REPORTS/COMMUNICATIONS/INFORMATIONAL ITEMS
Deputy Director Mike McDowell - Murry Ranch project update; AdHoc code updates.

9. COMMISSIONERS COMMENTS
Commissioner Amen - welcomed new Commissioner Hernandez and Deputy City Clerk Luna.

Commissioner Hull - welcomed new Commissioner Hernandez; passing of father.

Commissioner Crowder - condolences to Commissioner Hull; thanked Commissioner Hernandez.

Commissioner Hernandez - condolences to Commissioner Hull; thanked Commissioners.
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Chair Sanguinetti - welcomed new Commissioner Hernandez; City Council meetings.

Commissioner Graves - condolences to Commissioner Hull; thanked Chair Sanguinetti and Commissioner Hull.

10. ADJOURNMENT - 7:57 PM
Michael McDowell
Assistant Director, Community Development
Department
2626

MINUTES

PLANNING COMMISSION
MEETING OF OCTOBER 9, 2025
425 N. El Dorado St. Stockton, CA

1. CALL TO ORDER/ROLL CALL- 5:31 PM
Roll Call

Present:

Derek Graves
William Muetzenberg
Yolanda Amen
Jeff Sanguinetti
Pandora Crowder
Jazmine Hernandez

Absent:

Terry Hull.

Commissioner Hull's absence was excused.

2. PLEDGE TO FLAG
The pledge of allegiance was led by Commissioner Hernandez

3. ADOPTION OF CONSENT CALENDAR
None

4. PUBLIC COMMENT
Mary Elizabeth - Stockton dumping grounds, alcohol retailers, alcohol land use map
Commissioner Corresgondence - Public Comment

5. PUBLIC HEARINGS/ENVIRONMENTAL ASSESSMENTS

5.1 25-1101 ENVIRONMENTAL IMPACT REPORT, GENERAL PLAN AMENDMENT,

REZONE, AND A TENTATIVE MAP REQUEST FOR THE PROPOSED SOUTH

STOCKTON COMMERCE CENTER INDUSTRIAL DEVELOPMENT AT MULTIPLE PARCELS ALONG SOUTH AIRPORT WAY (APNS 177-110-04; 177-100-003; 177- 110-05; 201-020-01; and 177-050-09) (APPLICATION NO. P20-0024) Legislation Text
Attachment A - Location MaQ and Aerial Photo
Attachment B - General Plan Land Use MaPAttachment C - Zoning Ma12 2627
Attachment D - SSCC RDEIR - Cover
Attachment E - Tentative MaPAttachment F - Public Comments ProJ20Sed Resolution - Recommending AP-P-roval of the FEIR Exhibit 1 - SSCC RFEIR
Exhibit 2 - SSCC FMMRP
Exhibit 3 - SSCC Findings and SOC
ProJ2osed Resolution - General Plan Amendment
Exhibit 1 - GPA Exhibit and Legal DesCriP-tiOn
ProJ2osed Resolution - Rezone
Exhibit 1 - Ordinance
Exhibit 1 a - Rezone Exhibit and Legal DescriP-tion
ProJ2osed Resolution - Recommending AP-P-roval of the Tentative MaPExhibit 1 - Tentative MaPThe following persons spoke to the item: Anthony Carroll, Mary Elizabeth, Julie Dunning, Matthew Lester, Eric Parfrey, Pat Barrett
Commissioner CorresJ2ondence - Public Comment
Approve Motion 2025-10-09-0501 continuing the item to the November 13, 2025 Planning Commission meeting.

Moved by: Jeff Sanguinetti, seconded by William Muetzenberg.

Vote: Motion carried 5-1
Yes: Derek Graves, William Muetzenberg, Jeff Sanguinetti, Pandora Crowder, and Jazmine Hernandez .

No: Yolanda Amen.

Absent: Terry Hull.

6. NEW BUSINESS
None

7. UNFINISHED BUSINESS
None

8. REPORTS/COMMUNICATIONS/INFORMATIONAL ITEMS

9. COMMISSIONERS COMMENTS
Commissioner Amen - communication notices
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10. Chair Sanguinetti - communication notices, development code discussion Commissioner Crowder - tobacco and liquor store presentations and licenses Chair Sanguinetti - revisions to codes
Commissioner Crowder - Ask Stockton app appreciation and expansion ADJOURNMENT - 6:15 PM [)JJ� Michael McDowell
Assistant Director, Community Development
Department
2629

MINUTES

PLANNING COMMISSION
MEETING OF NOVEMBER 13, 2025
425 N. El Dorado St. Stockton, CA

1. CALL TO ORDER/ROLL CALL - 5:32 PM
Roll Call

Present:

Terry Hull
Derek Graves
Yolanda Amen
Jeff Sanguinetti
Jazmine Hernandez

Absent:

William Muetzenberg, and Pandora Crowder.

Note: Vice Chair Muetzenberg and Commissioner Crowders absences were excused

2. PLEDGE TO FLAG
Commissioner Hull led the pledge of allegiance.

3. ADOPTION OF CONSENT CALENDAR

3.1 25-1248 APPROVAL OF PLANNING COMMISSION MINUTES
Legislation Text
Attachment A- 2025-06-26 PC Minutes
Attachment B - 2025-07-10 PC Minutes
Attachment C - 2025-08-28 PC Minutes
Approve Motion 2025-11-13-0301-01 approving the minutes of the June 26, 2025 Planning Commission meeting
Moved by: Terry Hull, seconded by Yolanda Amen.

Vote: Motion failed 3-0
Yes: Terry Hull, Derek Graves, and Yolanda Amen.

Abstain :Jeff Sanguinetti, and Jazmine Hernandez .

Absent:William Muetzenberg, and Pandora Crowder.

Approve Motion 2025-11-13-0301-02 approving the minutes of the July 10, 2025 Planning Commission meeting
Moved by: Yolanda Amen, seconded by Derek Graves.
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Vote: Motion carried 4-0
Yes: Terry Hull, Derek Graves, Yolanda Amen, and Jeff Sanguinetti.

Abstain: Jazmine Hernandez .

Absent: William Muetzenberg, and Pandora Crowder.

Approve Motion 2025-11-13-0301-03 approving the minutes of the August 28, 2025 Planning Commission meeting
Moved by: Yolanda Amen, seconded by Terry Hull.

Vote: Motion carried 5-0
Yes: Terry Hull, Derek Graves, Yolanda Amen, Jeff Sanguinetti, and Jazmine Hernandez .

Absent: William Muetzenberg, and Pandora Crowder.

4. PUBLIC COMMENT
None
Commissioner Corres12ondence - Public Comment

5. PUBLIC HEARINGS/ENVIRONMENTAL ASSESSMENTS

5.1 25-1112 REQUEST FOR A WAIVER TO INCREASE FENCE HEIGHT TO SEVEN FEET AT 200 NORTH WILSON WAY (APNs 153-030-24; -30) (P25-0169) Legislation Text
Attachment A- Approved Resolutions
Attachment B - Location Map and Aerial Photo
Attachment C - General Plan MaQ
Attachment D - Zoning MaP.

Attachment E - Project Plan
Attachment F -waiver Justification letter
Proposed Resolution - AP.P.roving a waiver
Exhibit 1 - Project Plan
�P.P.roved Resolution 2025-11-13-0501
PowerPoint Presentation
Approve Resolution 2025-11-13-0501

1. Finding no further environmental review is necessary as the project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15303(a) - New Construction or Conversion of a Small Structure; the Project is also exempt pursuant to CEQA Guidelines Section 15311 - Accessory Structures; and CEQA Guidelines Sections 15332 - In-fill Development Projects; and
2631

2. Adopting a Resolution approving a Waiver to increase the height of a fence, subject to conditions.

Moved by: Yolanda Amen, seconded by Jeff Sanguinetti.

Vote: Motion carried 5-0
Yes: Terry Hull, Derek Graves, Yolanda Amen, Jeff Sanguinetti, and Jazmine Hernandez.

Absent: William Muetzenberg, and Pandora Crowder.

6. NEW BUSINESS
None

7. UNFINISHED BUSINESS
None

8. REPORTS/COMMUNICATIONS/INFORMATIONAL ITEMS
Michael McDowell, Assistant Director for Community Development Department - Ad-hoc committee vacancy, resignation process, Jack in the box Council vote, planning commission academy, commerce center project update, housing code amendment

9. COMMISSIONERS COMMENTS
Commissioner Graves - congratulated Caesar Chavez football team Chair Sanguinetti - resignation of Vice Chair Muetzenberg; development code AdHoc Committee; congratulated commissioner Graves Commissioner Amen - congratulated Commissioner Graves, thanked staff 1 O. A�::�::::::
t
: �:::::
d staff and
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Michael McDowell
Assistant Director, Community Development
Department
2632
City of Stockton
Legislation Text
File #: 26-0330, Version: 1
CIVIL SERVICE/EQUAL EMPLOYMENT COMMISSION’S 2025 ANNUAL REPORT

RECOMMENDATION
Informational item only. No action is necessary.

Summary
Attached are the Civil Service/Equal Employment Commission’s 2025 Annual Report signed by the Chair, Dwight Williams, (Attachment A) and the 2025 Attendance Roster for the Civil Service Commission (Attachment B). These reports are for your review and are informational only.

Attachment A - 2025 Annual Report to Council
Attachment B - 2025 Attendance Roster
City of Stockton Page 1 of 1 Printed on 5/6/2026
powered by Legistar™2633
Attachment A

April 16, 2026
TO: Mayor and City Council
FROM: Dwight Williams, Chair, Civil Service/Equal Employment Commission SUBJECT: CIVIL SERVICE COMMISSION’S 2025 ANNUAL REPORT TO THE CITY

COUNCIL
Introduction:

In accordance with the Stockton Municipal Code, the Civil Service System was established to create a fair and consistent process for handling personnel matters, ensuring that the most qualified individuals are selected for City Service through the Human Resources Department. The Civil Service Commission is made up of five members, all appointed by the City Council. As outlined in the Stockton Municipal Code, Title 2 Administration and Personnel, Chapter 2.36 Civil Service System, Section

2.36.030, the following functions are assigned to the Civil Service Commission:
“It shall be the duty of the Civil Service Commission:

A. Establish Rules and Regulations. To adopt, amend or repeal rules for the administration of the Civil Service System.

B. Investigations. To make investigations either upon complaint or upon its own motion concerning any matter touching the administration of the Civil Service System.

C. Advisory Functions. To act in an advisory capacity to the City Manager on problems concerning personnel administration.

D. Appeals. As provided by rule, to hear appeals submitted by any person in the competitive service, except those excluded therefrom, under Section 2.36.060.

The Civil Service Commission shall prepare or cause to be prepared a written statement of facts, findings and recommendations on every appeal and shall transmit a duplicate thereof to the person involved, and to the Personnel Officer.

The effect of the Commission's recommendations in case of discharge, demotion or reduction shall be final and there shall be no appeal therefrom. The findings of the Commission shall be certified in writing to the appointing authority and shall be forthwith enforced by such officer.

E. Reports to City Council. To make an annual report and such other reports as it deems desirable to the City Council, covering the administration of the Human Resources Department.”
In addition, the Civil Service Commission serves as the City's Equal Employment Commission. While the Equal Employment Commission does not have legislative authority or independent power to act, it plays a critical role in overseeing the City's efforts 2634
Civil Service Commission 2025 Annual Report Attachment A April 16, 2026

Page 2 of 22 ends

City Council and Concurrent AuthoritiesMay 12, 2026

City Council and Concurrent Authorities
May 12, 2026