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Agenda packet

City Council and Concurrent Authorities
August 18, 2026

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Agenda packet
Meeting
August 18, 2026
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City Council and Concurrent Authorities
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Text extracted from the city's file for reading and search. Open the original on www.stocktongov.com. That file is the official record.

City Council and Concurrent Authorities
City of Stockton
Meeting Agenda - - Revised
City Council and
Concurrent Authorities
Christina Fugazi, Mayor/Chair (At Large)
Jason Lee, Vice Mayor (District 6)
Michele Padilla (District 1)
Mariela Ponce (District 2)
Michael Blower (District 3)
Mario Enríquez (District 4)
Brando Villapudua (District 5)
Council Chamber, City Hall, 501 W Weber Ave,
Building 1, Stockton CA
1:00 PMTuesday, August 18, 2026
Regular Session 1:00 PM :: Closed Session To Follow

1. REGULAR SESSION CALL TO ORDER/ROLL CALL

2. INVOCATION/PLEDGE TO FLAG

3. ADDITIONS TO REGULAR SESSION AGENDA***

4. RECOGNITIONS, ANNOUNCEMENTS, OR REPORTS

4.1 26-0928 PROCLAMATION - UNITED WAY OF SAN JOAQUIN, 100 YEAR

CELEBRATION
Department: Office of the Mayor

4.2 26-0929 CERTIFICATE OF RECOGNITION - RECOGNITION OF CITY OF

STOCKTON EMPLOYEE RAY DEYTO
Department: Office of the Mayor

5. PUBLIC COMMENTS* – MATTERS NOT ON THE AGENDA

6. CONSENT AGENDA

6.1 26-0894 ADOPT RESOLUTION AUTHORIZING CONTRACT AMENDMENT NO. 3 TO CONTRACT NO. 419000674, PURSUANT TO THE SHASTA

UNION HIGH SCHOOL DISTRICT COOPERATIVE AGREEMENT,
WITH UBEO WEST, LLC, FOR THE CONTINUATION OF A THREE (3)

YEAR LEASE, MAINTENANCE, AND SERVICE AGREEMENT FOR

CANON COPY MACHINES

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1 August 18, 2026City Council and Concurrent
Authorities
Meeting Agenda - - Revised
Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a resolution to:

1. Approve the findings pursuant to Stockton Municipal Code Section

3.68.070 supporting an exception to the competitive bidding requirements to utilize the Shasta Union High School District (SUHSD) Master Enabling Agreement;

2. Authorize the City Manager to execute Contract Amendment No. 3 to Contract 419000674 with UBEO West, LLC for the continued lease, maintenance, and service of the City's Canon copy machines for a term of up to three (3) years, in a total not-to-exceed amount of $489,220.00.

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

Department: Administrative Services
Attachment A - SUHSD Master Agreement and Addendum A
Proposed Resolution
Exhibit 1 - UBEO, West LLC Amendment 3
Attachments:

6.2 26-0903 ADOPT A RESOLUTION AUTHORIZING THE CITY ATTORNEY OR

DESIGNEE TO ACCEPT DEEDS AND GRANTS OF REAL

PROPERTY AND INTERESTS THEREIN
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to rescind Resolution 2026-03-31-1203, adopted on March 31, 2026, and authorize the City Attorney or designee to accept deeds and grants of real property and interests therein, effective immediately, and to consent to the recordation thereof.

Department: City Attorney
Proposed ResolutionAttachments:

6.3 26-0912 ADOPTION OF A RESOLUTION APPROVING CITY MANAGER JOHNNY R. FORD FIRST AMENDED EMPLOYMENT AGREEMENT

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2 August 18, 2026City Council and Concurrent
Authorities
Meeting Agenda - - Revised
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution:

1. Approving the First Amended Employment Agreement for Johnny R.

Ford, City Manager for the City of Stockton.

2. Authorizing the Mayor, on behalf of the City Council, to execute the First Amended Employment Agreement setting forth the terms and conditions of employment with Mr. Ford, effective August 20, 2026.

3. Authorizing City Staff to amend the City of Stockton salary schedule to reflect the increase to the City Manager's base salary and implement the other terms and conditions in the First Amended Employment Agreement.

Department: City Attorney
Proposed Resolution
Exhibit 1 - First Amended Employment Agreement JFord
Attachments:

6.4 26-0887 APPROVAL OF MINUTES
Recommended Action: RECOMMENDATION
Approve the minutes from the City Council meeting of July 7, 2026 Department: City Clerk
Attachment A- 2027-07-07.pdfAttachments:

6.5 26-0839 APPROVE A MOTION AUTHORIZING THE FISCAL YEAR 2026-27

LIBRARY VENDOR POOL AND AGREEMENTS EXCEEDING CITY

MANAGER AUTHORITY (CITYWIDE - ALL DISTRICTS)
Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a motion to:

1. Approve the Fiscal Year (FY) 2026-27 Library Vendor Pool, as identified in Attachment A, establishing the approved vendors and anticipated annual expenditures for library print, digital, and electronic materials.

2. Authorize the City Manager, or designee, to execute new agreements, renewals, amendments, contract change orders, purchase orders, and other purchasing documents necessary to procure library materials from the approved Vendor Pool during FY 2026-27.

3. Approve findings supporting an exception to the competitive bidding requirements of Stockton Municipal Code (SMC) Section 3.68.070.

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

Department: Community Services

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3 August 18, 2026City Council and Concurrent
Authorities
Meeting Agenda - - Revised
Attachment A - FY 2026-27 Library Vendor Pool Purchase Plan Attachment B - Brodart Agreement
Attachment C - Children's Plus Agreement
Attachment D - Hoopla Agreement
Attachment E - Ingram Agreement
Attachment F - OverDrive Agreement
Attachment G - Resolution No. 2018-06-19-1105
Attachments:

6.6 26-0231 RESOLUTION AUTHORIZING THE SUMMARY VACATION OF A

PORTION OF RIGHT-OF-WAY EASEMENTS ALONG EIGHT MILE

ROAD AND HOLMAN ROAD
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution:

1. Approving the summary vacation of a portion of right-of-way easements along Eight Mile Road and Holman Road;

2. Authorizing the filing of a Notice of Exemption No. 06-26 under the California Environmental Quality Act for the vacation of a portion of right-of-way easements along Eight Mile Road and Holman Road.

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

Department: Economic Development
Attachment A - Vicinity Map
Attachment B - Aerial Map
Proposed Resolution - Eight Mile Road and Holman Road
Exhibit 1 - Legal Description
Exhibit 2 - Plat
Exhibit 3 - NOE06-26
Attachments:

6.7 26-0722 RESOLUTION AUTHORIZING THE SUMMARY VACATION OF A PORTION OF RIGHT-OF-WAY ALONG ARCH ROAD AND SOUTH 99

FRONTAGE ROAD AND RESERVING A PUBLIC UTILITY

EASEMENT

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4 August 18, 2026City Council and Concurrent
Authorities
Meeting Agenda - - Revised
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution:

1. Approving the summary vacation of a portion of right-of-way along Arch Road and South 99 Frontage Road;

2. Authorizing the filing of a Notice of Exemption No. 21-26 under the California Environmental Quality Act for the vacation of a portion of right-of-way along Arch Road and South 99 Frontage Road; and

3. Reserving a public utility easement for the benefit of Pacific Gas and Electric Company; and

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

Department: Economic Development
Attachment A - Vicinity Map
Attachment B - Aerial Map
Proposed Resolution - Arch Road
Exhibit 1 - Legal Description
Exhibit 2 - Plat
Exhibit 3 - NOE 21-26
Attachments:

6.8 26-0852 APPROVE A MOTION AUTHORIZING A FIVE-YEAR DISPATCH

SERVICES AGREEMENT WITH THE SAN JOAQUIN COUNTY JOINT

RADIO USERS GROUP AND ALLOCATING ONE ADDITIONAL FIRE

BATTALION CHIEF - ADMIN TO THE FIRE DEPARTMENT GENERAL
FUND
Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a Motion to:

1. Approve a five-year Agreement for the City of Stockton to provide dispatch services to the San Joaquin County Joint Radio Users Group (JRUG); and

2. Allocate one (1) additional Fire Battalion Chief - Admin position to the Fire Department General Fund; and

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

Department: Fire
Attachment A - Dispatch Services AgreementAttachments:

6.9 26-0883 APPROVAL OF MEMORANDUM OF UNDERSTANDING BETWEEN

THE CITY OF STOCKTON AND THE WATER SUPERVISORY UNIT

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5 August 18, 2026City Council and Concurrent
Authorities
Meeting Agenda - - Revised
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt by resolution the attached successor Memorandum of Understanding (MOU) with the Water Supervisory Unit effective
July 1, 2026, through June 30, 2029.

It is further recommended that the City Manager be authorized to take any appropriate and necessary actions to carry out the purpose and intent of the resolution, including implementation and funding of the successor MOU.

Department: Human Resources
Attachment A - Water Supervisory Unit MOU - Redline
Attachment B - Water Supervisors Cost Table
Proposed Resolution
Exhibit 1 - Water Supervisory Unit MOU
Exhibit 2 - Water Supervisory Unit Budget Amendment
Attachments:

6.10 26-0870 APPROVE MOTION TO EXECUTE AN AMENDMENT TO THE

TWO-YEAR AGREEMENT WITH FORENSIC ANALYTICAL CRIME

LAB FOR GRANT AWARD MODIFICATION IN AN AMOUNT NOT TO
EXCEED $13,094.09.

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

1. Approve findings pursuant to Stockton Municipal Code (SMC) �3.68.070 support of an exception to the competitive bidding process; and

2. Authorize the City Manager to approve Standard Agreement Amendment No. 3 with Forensic Analytical Crime Lab (FACL) to provide the Stockton Police Department (SPD) with the additional funding from the Grant Award Modification in an amount not to exceed $13,094.09; and It is further recommended that the City Manager be authorized and directed to make any and all expenditures and appropriations on behalf of the city as appropriate and necessary to carry out the purpose and intent of this motion.

Department: Police
Attachment A - Standard Agreement Amendment 3
Attachment B - Grant Award Modification:15PBJA-22-GG-01760-MUMU Attachments:

6.11 26-0723 ADOPT RESOLUTION TO AUTHORIZE THE LOCAL STREET RESURFACING PROGRAM FISCAL YEAR 2025-26 SB1 -

PAVEMENT REPAIR PROJECT (ALL DISTRICTS - CITYWIDE)

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6 August 18, 2026City Council and Concurrent
Authorities
Meeting Agenda - - Revised
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:

1. Approve Notice of Exemption No. NOE15-26 under the California Environmental Quality Act for the Local Street Resurfacing Program Fiscal Year 2025-26 SB1 - Pavement Repair, Project No. WD26003.

2. Approve the plans and specifications for the Local Street Resurfacing Program Fiscal Year 2025-26 SB1 - Pavement Repair, Project No.

WD26003.

3. Award a Construction Contract in the amount of $198,397 to Spektren Engineering, Inc. of Gilroy, CA, for the Local Street Resurfacing Program Fiscal Year 2025-26 SB1 - Pavement Repair, Project No. WD26003.

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

Department: Public Works
Attachment A - Project Map
Attachment B - Location List
Proposed Resolution
Exhibit 1 - Notice of Exemption
Exhibit 2 - Construction Contract
Attachments:

6.12 26-0731 ADOPT RESOLUTION TO AUTHORIZE THE LOCAL STREET RESURFACING PROGRAM FISCAL YEAR 2025-26 SB1 - CAPE
SEAL PROJECT (DISTRICTS 2, 4, AND 6)
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:

1. Approve Notice of Exemption No. NOE19-26 under the California Environmental Quality Act for the Local Street Resurfacing Program Fiscal Year 2025-26 SB1 - Cape Seal, Project No. WD26003.

2. Approve the plans and specifications for the Local Street Resurfacing Program Fiscal Year 2025-26 SB1 - Cape Seal, Project No. WD26003.

3. Award a Construction Contract in the amount of $816,640 to American Pavement Systems, Inc. of Modesto, CA, for the Local Street Resurfacing Program Fiscal Year 2025-26 SB1 - Cape Seal, Project No. WD26003.

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

Department: Public Works

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7 August 18, 2026City Council and Concurrent
Authorities
Meeting Agenda - - Revised
Attachment A - Vicinity Map
Attachment B - Street List
Proposed Resolution
Exhibit 1 - Notice of Exemption
Exhibit 2 - Construction Contract
Attachments:

6.13 26-0732 ADOPT RESOLUTION TO AUTHORIZE THE LOCAL STREET RESURFACING PROGRAM FISCAL YEAR 2025-26 SB1 - MILL AND
OVERLAY PROJECT (DISTRICTS 2, 4, 5, AND 6)
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:

1. Approve Notice of Exemption No. NOE16-26 under the California Environmental Quality Act for the Local Street Resurfacing Program Fiscal Year 2025-26 SB1 - Mill and Overlay, Project No. WD26003.

2. Approve the plans and specifications for the Local Street Resurfacing Program Fiscal Year 2025-26 SB1 - Mill and Overlay, Project No.

WD26003.

3. Award a Construction Contract in the amount of $1,098,350.78 to Spektren Engineering, Inc. of Gilroy, CA, for the Local Street Resurfacing Program Fiscal Year 2025-26 SB1 - Mill and Overlay, Project No.

WD26003.

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

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

7. ADMINISTRATIVE MATTERS

8. UNFINISHED BUSINESS

9. HEARINGS**

9.1 26-0698 PUBLIC HEARING TO CONSIDER AUTHORIZING CITY

PARTICIPATION IN THE CALIFORNIA MUNICIPAL FINANCE

AUTHORITY BOND OPPORTUNITIES FOR LAND DEVELOPMENT

PROGRAM

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8 August 18, 2026City Council and Concurrent
Authorities
Meeting Agenda - - Revised
Recommended Action: RECOMMENDATION
It is recommended that the City Council hold a public hearing to consider public comments andtestimony regarding the City of Stockton's participation in the California Municipal Finance Authority ("CMFA") Bond Opportunities for Land Development (BOLD) Program. At the conclusion of the public hearing, it is recommended that the City Council adopt a resolution authorizing the City of Stockton to participate in the Bond Opportunities for Land Development Program.

Department: Administrative Services
Proposed Resolution
PPT - 9.1 - BOLD Overview
Attachments:

10. NEW BUSINESS

10.1 26-0936 RECONSIDERATION OF THE RESOLUTION APPOINTING A

POSITION IN THE OFFICE OF THE MAYOR
Recommended Action: DISCUSSION
At the July 21, 2026, Council meeting, Vice Mayor Jason Lee with concurrence from Councilmember Mario Enriquez directed a discussion regarding the reconsideration of the resolution approving an appointment of the Mayor.

Department: Mayor and City Council
Attachment A - Resolution - 2025-12-09-1219Attachments:

10.2 26-0673 UPDATE FROM ZENCITY TECHNOLOGIES
Recommended Action: RECOMMENDATION
Informational update from Zencity Technologies.

Department: City Manager
PPT - 10.1-1 - Executive Summary - Community Survey Report Q2 2026 PPT - 10.1-2 - Executive Summary - Community Needs & Measure M Pulse Attachments:

10.3 26-0450 ADOPT A RESOLUTION TO AWARD AND ALLOCATE COMMUNITY

DEVELOPMENT BLOCK GRANT (CDBG), AND EMERGENCY

SOLUTIONS GRANT (ESG) FUNDING TO ELIGIBLE RESPONDENTS
TO THE 2026-27 CDBG/ESG NOTICE OF FUNDING AVAILABILITY
(NOFA)

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9 August 18, 2026City Council and Concurrent
Authorities
Meeting Agenda - - Revised
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:

1. Subject to finalization of the City's award of funding from Housing and Urban Development (HUD), approve the allocation of the following funding amounts specified:

CDBG
a. $150,000.00 - Children's Home of Stockton - Catalyst b. $150,000.00 - Emergency Food Bank - Golden Hearts Delivery Program c. $ 75,000.00 - Second Harvest Food Bank - Food Assistance d. $123,509.20- Friends Outside - Resiliency Lab Service Expansion ESG
e. $131,767.60 - Central Valley Low Income Housing Corp. - Stockton ESG Homeless Prevention 2026-27 Program
f. $130,760.40- PREVAIL - Stockton Shelter Program
If HUD increases or decreases the City's anticipated funding award, the aforementioned funding amounts may be increased, decreased, or reallocated among funding sources as appropriate by the City Manager or designee, in accordance with the final HUD funding award.

2. Authorize the City Manager, or designee, to de-obligate and reallocate funding allocations awarded under this resolution if any project is unable to meet their program outcomes and timely expenditure as contractually obligated. If defunded, the City Manager is authorized to reallocate the funding to eligible projects that have competed in a City of Stockton CDBG/ESG NOFA that can meet HUD guidelines.

3. Authorize the City Manager, or designee, to take actions that are necessary and appropriate to carry out the purpose and intent of this resolution, including the execution of contracts and reallocation of funding sources.

Department: Economic Development
Attachment A - Motion 2025-11-04-1601
Attachment B - 26-27 Public Service NOFA Guidelines
Attachment C - CDBG Scoring Criteria
Attachment D - ESG Scoring Criteria
Attachment E - Scoring Matrix
Attachment F - Draft 2026-2027 Annual Action Plan
Attachment G - 2025-2029 Consolidated Plan
Proposed Resolution
PPT - 10.2 - CDBG Annual Action Plan
Attachments:

10.4 26-0816 ACCEPT THE FISCAL YEAR 2025-26 THIRD QUARTER BUDGET

STATUS UPDATE

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10 August 18, 2026City Council and Concurrent
Authorities
Meeting Agenda - - Revised
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to accept this budget status report on the unaudited results through the third quarter of Fiscal Year (FY) 2025-26.

Department: Administrative Services
Attachment A - FY2025-26 GF Year-End Budget Update
Attachment B - FY2025-26 GF Year-End Revenue Summary
Proposed Resolution - FY 2025-26 Third Quarter
PPT - 10.3 - FY26 3rd Quarter Report
Attachments:

10.5 26-0812 APPROVE MOTION TO ADOPT THE 2026-2027 STATE AND

FEDERAL LEGISLATIVE ADVOCACY PROGRAM
Recommended Action: RECOMMENDATION
It is recommended that the City Council:

1. Adopt the 2026-2027 State and Federal Legislative Advocacy Program; and

2. Authorize the City Manager, or designee, to pursue the objectives outlined in these Programs through advocacy efforts in Sacramento and Washington, DC.

Department: City Manager
Attachment A - 2026-2027 State and Federal Legislative Program PPT - 2026-2027 State and Federal Legislative Program
Attachments:

10.6 26-0890 SAN JOAQUIN COUNTY EMS SYSTEM PERFORMANCE UPDATE:

AMBULANCE PATIENT OFFLOAD TIME (APOT) AND MEDICAL

PATIENT DESTINATION POLICY
Recommended Action: RECOMMENDATION
It is recommended that the City Council receive and file this informational report regarding the implementation of San Joaquin County Emergency Medical Services Agency (SJCEMSA) EMS Policy No. 4985, Transfer of Patient Care in the Emergency Department, and EMS Policy No. 5201, Medical Patient Destination. These policies became effective May 1, 2026, and represent coordinated regional initiatives to improve ambulance availability, enhance patient access to appropriate specialty care, and strengthen collaboration among hospitals, emergency medical service providers, and regional fire agencies.

Department: Fire
Attachment A - 2025-SJCEMSA-APOD
Attachment B - SJCEMSA EMS Policy No. 4985
Attachment C - SJCEMSA EMS Policy No. 5201
PPT - 10.5 - SJCEMSA
Attachments:

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11 August 18, 2026City Council and Concurrent
Authorities
Meeting Agenda - - Revised

10.7 26-0921 FIRE PROTECTION SERVICES AT THE PORT OF STOCKTON -

NEXT STEPS
Recommended Action: RECOMMENDATION
It is recommended that the City Council receive this informational report regarding proposed collaborative next steps with the Port of Stockton to evaluate fire protection services, strengthen coordination, and work jointly toward a sustainable long-term approach to providing emergency services at the Port.

Department: Fire
PPT - 10.6 - City-Port Collaborative Next StepsAttachments:

11. CITY MANAGER'S UPDATE

12. COUNCIL COMMENTS

13. ADDITIONS TO CLOSED SESSION AGENDA

14. ANNOUNCEMENT OF CLOSED SESSION

14.1 26-0828 CONFERENCE WITH LABOR NEGOTIATOR
Agency Designated Representative: City Manager Johnny Ford; Deputy City Manager Will Crew; Deputy City Manager Christine Tien; Interim City Attorney Donald Larkin; Chief Financial Officer Gilbert Garcia, Admin Budget Officer John al -Amin; Interim Director of Human Resources Marie Guillory-Jones; 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.

Department: City Attorney

14.2 26-0920 CONFERENCE WITH LEGAL COUNSEL - SIGNIFICANT EXPOSURE

TO LITIGATION

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12 August 18, 2026City Council and Concurrent
Authorities
Meeting Agenda - - Revised
Number of Cases: One
The City is in receipt of information concerning facts and circumstances that might result in litigation against the City which are known to a potential plaintiff and that pertain to potential employment -related claims by the potential plaintiff against the City.

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

Department: City Attorney

14.3 26-0932 PUBLIC EMPLOYEE / PUBLIC EMPLOYEE APPOINTMENT Title: Acting City Clerk
Recommended Action: This Closed Session is authorized pursuant to Government Code section 54957(b).

Department: City Attorney

15. RECESS TO CLOSED SESSION

16. REPORT OF ACTION TAKEN IN CLOSED SESSION

17. ADJOURNMENT

1. INFORMATIONAL ITEMS

1.1 26-0888 COUNCIL COMMITTEE/BOARD AND COMMISSION MINUTES Recommended Action: RECOMMENDATION
Information item only. No action required.

Department: City Clerk
Audit 2026-06-22.pdf
Audit Special 2026-06-25.pdf
CSC 2026-06-18.pdf
CSC Special 2026-07-09.pdf
Leg 2026-07-15.pdf
Attachments:

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13 August 18, 2026City Council and Concurrent
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Meeting Agenda - - Revised

CERTIFICATE OF POSTING
I declare, under penalty of perjury, that I am employed by the City of Stockton and that I caused this agenda to be posted in the City Hall notice case on August 14,2026 in compliance with the Brown Act.

Katherine Roland, CMC, CPMC
City Clerk
By: ________________________________

Deputy

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14 August 18, 2026City Council and Concurrent
Authorities
Meeting Agenda - - Revised

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

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

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

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

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

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

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

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

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

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

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15 August 18, 2026City Council and Concurrent
Authorities
Meeting Agenda - - Revised
The City Council will practice civility and decorum in their discussions and debate. Councilmembers will value each other's time and will preserve order and decorum. A member shall neither, by conversation or otherwise, delay or interrupt the proceedings of the Council, use personal, impertinent or slanderous remarks, nor disturb any other member while that member is speaking or refuse to obey the orders of the presiding officer or the Council, except as otherwise provided herein.

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

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

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

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

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

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

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

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

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

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

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16 August 18, 2026City Council and Concurrent
Authorities
Meeting Agenda - - Revised

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17 City of Stockton
Legislation Text
File #: 26-0928, Version: 1
PROCLAMATION - UNITED WAY OF SAN JOAQUIN, 100 YEAR CELEBRATION City of Stockton Printed on 8/14/2026Page 1 of 1
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Legislation Text
File #: 26-0929, Version: 1

CERTIFICATE OF RECOGNITION - RECOGNITION OF CITY OF STOCKTON EMPLOYEE RAY DEYTO
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19 City of Stockton
Legislation Text
File #: 26-0894, Version: 1
ADOPT RESOLUTION AUTHORIZING CONTRACT AMENDMENT NO. 3 TO CONTRACT NO. 419000674, PURSUANT TO THE SHASTA UNION HIGH SCHOOL DISTRICT COOPERATIVE AGREEMENT, WITH UBEO WEST, LLC, FOR THE CONTINUATION OF A THREE (3) YEAR

LEASE, MAINTENANCE, AND SERVICE AGREEMENT FOR CANON COPY MACHINES

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

1. Approve the findings pursuant to Stockton Municipal Code Section 3.68.070 supporting an exception to the competitive bidding requirements to utilize the Shasta Union High School District (SUHSD) Master Enabling Agreement;

2. Authorize the City Manager to execute Contract Amendment No. 3 to Contract 419000674 with UBEO West, LLC for the continued lease, maintenance, and service of the City’s Canon copy machines for a term of up to three (3) years, in a total not-to-exceed amount of $489,220.00.

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

Summary
The City currently leases Canon high-speed xerographic equipment used by Document Services to provide imaging, copying, printing, and scanning services that support City operations. The existing agreement with UBEO West, LLC, through the Shasta Union High School District (SUHSD) Master Enabling Agreement, expires on August 30, 2026, and will convert to a month-to-month lease (Attachment A).

Approval of Contract Amendment No. 3 will extend the lease, maintenance, and service agreement for an additional three (3) years, ensuring uninterrupted document production while continuing to utilize competitively procured cooperative pricing. Continuing the existing agreement provides the City with a cost-effective solution that avoids the expense and operational disruption associated with replacing equipment before the end of its useful life (Exhibit 1 to the Resolution).

DISCUSSION
Background
Document Services currently operates under a cooperative agreement with UBEO West, LLC through the SUHSD Master Enabling Agreement for the lease, maintenance, and service of Canon City of Stockton Printed on 8/14/2026Page 1 of 3
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high-speed copy machines. The cooperative purchasing agreement allows public agencies to utilize competitively solicited contracts, reducing procurement time and administrative costs while maintaining compliance with applicable purchasing requirements.

The current agreement expires on August 30, 2026. UBEO West, LLC has agreed to extend the lease, maintenance, and service agreement for an additional three (3) years under the existing cooperative purchasing agreement.

Present Situation
Document Services produces approximately 146,000 copies each month in support of City operations using the Canon high-speed black-and-white and color xerographic systems. These systems are essential to the timely production of a wide variety of official City documents, including:
• City Council agendas and staff reports
• Budget and financial documents
• Annual Comprehensive Financial Reports
• Public safety publications
• Human Resources materials
• Utility billing inserts
• Meeting agendas and supporting documentation for various boards and committees • Other operational and public information documents
The existing Canon equipment continues to operate reliably and meets the City's production requirements. Extending the current lease and maintenance agreement allows the City to continue receiving comprehensive maintenance, technical support, and equipment servicing while avoiding the higher costs of procuring replacement equipment and entering into a new lease.

Approval of this amendment will ensure uninterrupted document production services while maintaining a cost-effective and operationally efficient solution for the City.

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

1. The Shasta Union High School District (SUHSD) Master Enabling Agreement provides a competitively procured cooperative purchasing mechanism that allows participating public agencies to obtain goods and services under competitively established terms and conditions.

2. Utilization of the SUHSD Master Enabling Agreement is in the best interest of the City because it provides access to the required equipment, maintenance, and services without conducting a separate competitive procurement process.

3. The proposed procurement is consistent with the City's procurement requirements and applicable cooperative purchasing authority, and use of the SUHSD Master Enabling Agreement provides an efficient and cost-effective means of obtaining the required equipment and services.

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4. The City Council previously reviewed and approved the SUHSD Master Enabling Agreement via Resolution No. 2016-05-24-1209 and 2021-04-27-1203.

FINANCIAL SUMMARY
The proposed amendment provides for an estimated annual cost of $53,333.33, for an estimated total of $160,000.00 over the three-year extension period.

The total not-to-exceed contract amount, inclusive of previous amendments and the proposed extension, will be $489,220.00.

Funding is available in the Office Equipment Internal Service Fund. Future funding will be appropriated through the City's annual budget process.

Attachment A - Shasta Union High School District (SUHSD) Master Enabling Agreement and Addendum A
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40 Docusign Envelope ID: 3CACA9E2-C8C2-4E09-973B-DF5ACBDEEA61 Richard Whitlock - President
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ATTACHMENT A
41 Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION AUTHORIZING CONTRACT AMENDMENT NO. 3 TO CONTRACT NO. 419000674, PURSUANT TO THE SHASTA UNION HIGH SCHOOL DISTRICT

COOPERATIVE AGREEMENT, WITH UBEO WEST, LLC FOR THE CONTINUATION OF A THREE (3) YEAR LEASE, MAINTENANCE, AND SERVICE AGREEMENT FOR

CANON COPY MACHINES

The City currently leases Canon high -speed xerographic equipment used by Document Services to provide imaging, copying, printing, and scanning services that support City operations. The ex isting agreement with UBEO West, LLC, through the Shasta Union High School District (SUHSD) Master Enabling Agreement, expires on August 30, 2026, and will convert to a month-to-month lease; and

Approval of Contract Amendment No. 3 will extend the lease, maintenance, and service agreement for an additional three (3) years, ensuring uninterrupted document production while continuing to utilize competitively procured cooperative pricing.

Continuing the existing agreement provides the City with a cost -effective solution that avoids the expense and operational disruption associated with replacing equipment before the end of its useful life; now, therefore,

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

1. The City Council a pproves findings pursuant to Stockton Municipal Code Section 3.68.070 supporting an exception to the competitive bidding requirements to utilize the Shasta Union High School District (SUHSD) Master Enabling Agreement.

These findings include:

a. The Shasta Union High School District (SUHSD) Master Enabling Agreement provides a competitively procured cooperative purchasing mechanism that allows participating public agencies to obtain goods and services under competitively established terms and conditions.

b. Utilization of the SUHSD Master Enabling Agreement is in the best interest of the City because it provides access to the required equipment, maintenance, and services without conducting a separate competitive procurement process.

c. The proposed procurement is consistent with the City's procurement requirements and applicable cooperative purchasing authority, and use of the SUHSD Master Enabling Agreement provides an efficient and cost-effective means of obtaining the required equipment and services. 42 d. The City Council previously reviewed and approved the SUHSD Master Enabling Agreement via Resolution No. 2016-05-24-1209 and 2021-04-27- 1203.

2. The City Council a uthorizes the City Manager to execute Contract Amendment No. 3 to Contract 419000674 with UBEO West, LLC for the continued lease, maintenance, and service of the City’s Canon copy machines for a term of up to three (3) years, in a total not -to-exceed amount of $489,220.00 , attached as Exhibit 1 and incorporated herein by this reference.

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

PASSED, APPROVED, and ADOPTED August 18, 2026 .

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:

KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
43 EXHIBIT 1
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EXHIBIT 1
48 EXHIBIT 1
49 REV 2026-03-31
Exhibit 8:

Insurance Requirements
Copy Machine Lease and Maintenance Services
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees, or subcontractors.

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

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

2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1 ), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.

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

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

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

Additional Insured Status
The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. Coverage can be EXHIBIT 1
50 EXHIBIT 1
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53 City of Stockton
Legislation Text
File #: 26-0903, Version: 1

ADOPT A RESOLUTION AUTHORIZING THE CITY ATTORNEY OR DESIGNEE TO ACCEPT

DEEDS AND GRANTS OF REAL PROPERTY AND INTERESTS THEREIN

RECOMMENDATION
It is recommended that the City Council adopt a resolution to rescind Resolution 2026-03-31-1203, adopted on March 31, 2026, and authorize the City Attorney or designee to accept deeds and grants of real property and interests therein, effective immediately, and to consent to the recordation thereof.

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54 Resolution No.

STOCKTON CITY COUNCIL

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

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

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

3. That Resolution 2026-03-31-1203 adopted by the City Council March 31, 2026, is hereby rescinded effective immediately.

PASSED, APPROVED, and ADOPTED August 18, 2026 .

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:

____

KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
55 City of Stockton
Legislation Text
File #: 26-0912, Version: 1
ADOPTION OF A RESOLUTION APPROVING CITY MANAGER JOHNNY R. FORD FIRST

AMENDED EMPLOYMENT AGREEMENT

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

1. Approving the First Amended Employment Agreement for Johnny R. Ford, City Manager for the City of Stockton.

2. Authorizing the Mayor, on behalf of the City Council, to execute the First Amended Employment Agreement setting forth the terms and conditions of employment with Mr. Ford, effective August 20, 2026.

3. Authorizing City Staff to amend the City of Stockton salary schedule to reflect the increase to the City Manager’s base salary and implement the other terms and conditions in the First Amended Employment Agreement.

Summary
The City Council is asked to consider and approve a First Amended Employment Agreement for Johnny R. Ford, City Manager for the City of Stockton.

DISCUSSION
Mr. Ford was appointed as the City Manager in Stockton on November 19, 2025, after a nationwide search. The City Council is asked to consider and approve a First Amended Employment Agreement for Mr. Ford. The proposed amendment to the employment agreement includes the following salary and benefit provisions for City Council consideration:
· Increase of current base annual salary from $325,000 to $390,277, an approximately 20% increase, to be applied retroactive to July 1, 2026.
· Employer payment of 100% of employee’s medical/dental/vision insurance. · Increase of auto allowance from $500 to $750.
· Increase of employer contribution from 9% to 18% of employee’s base salary into a 401(a) deferred compensation retirement plan.
· An accrual rate for vacation of 12 hours per pay period and ability to sell back vacation for a total of 160 hours per year.
· A credit of 120 hours of Executive Management Leave annually. · Increase of severance from 9 months to 12 months.

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All other terms and conditions of the employment agreement would remain unchanged. The terms and conditions of the second employment agreement are similar to other city managers in comparable jurisdictions.

FINANCIAL SUMMARY
Sufficient funding is available in the FY 2026-27 Budget.

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57 Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION APPROVING CITY MANAGER JOHNNY R. FORD FIRST AMENDED

EMPLOYMENT AGREEMENT

Johnny R. Ford was appointed as the City Manager in Stockton on November 19, 2025, after a nationwide search; and

The City Council has reviewed and considered proposed amendments to the employment agreement with Mr. Ford; now, therefore,

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

1. The First Amended Employment Agreement with Johnny R. Ford, marked as Exhibit 1, setting forth the terms and conditions of employment effective August 20, 2026, is approved.

2. Staff is authorized to amend the City of Stockton salary schedule to reflect the increase in City Manager base salary, as approved.

3. The Mayor is authorized, on behalf of the City Council, to execute the attached First Amended Employment Agreement.

4. The Mayor is furth er authorized and directed to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution.

PASSED, APPROVED, and ADOPTED August 18, 2026 .

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:

____

KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
58 EXHIBIT 1
AT-WILL EMPLOYMENT AGREEMENT BETWEEN CITY OF STOCKTON AND JOHNNY R. FORD AS CITY MANAGER

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AT-WILL EMPLOYMENT AGREEMENT BETWEEN
CITY OF STOCKTON AND JOHNNY R. FORD AS CITY MANAGER
(AT-WILL AND NON-CLASSIFIED POSITION)
This At-Will Employment Ag reement is made and entered in to on August 18, 2026, by and between the City of Stockton , a California charter city and municipal corporation ("CITY") and Johnny R. Ford, an individual, ("EMPLOYEE") on the following terms and conditions set forth below (“AGREEMENT”). CITY and EMPLOYEE shall be collectively referred to as “PARTIES” or individually referred to as “PARTY.”

RECITALS
WHEREAS, the CITY requires the services of a City Manager; and WHEREAS, EMPLOYEE represents that he has the necessary and specialized education, experience, skills, and expertise required to serve as the CITY’s City Manager; and
WHEREAS, the City Council of the CITY (“CITY COUNCIL ”) desires to retain EMPLOYEE to the position of City Manager of CITY subject to the terms and conditions of the AGREEMENT; and
WHEREAS, the City of Stockton “Unrepresented Management/Confidential and Law Employees’ Com pensation Plan” (“ UNREP PLAN” ) for employees designated under the Management Plan “MA” and/or “Department Heads,” dated July 1, 2026, and as may be amended by the CITY COUNCIL from time to time, as set forth in Section is applicable to EMPLOYEE with exceptions under this AGREEMENT.

NOW THEREFORE, it is hereby agreed by CITY and EMPLOYEE as follows:

AGREEMENT

1. CITY EMPLOYMENT. The CITY hereby appointed EMPLOYEE as its City Manager, effective November 19, 2025 (“EFFECTIVE DATE”), and EMPLOYEE hereby accepts such employment.

2. AT-WILL AGREEMENT. EMPLOYEE is at-will and serves at the pleasure of CITY COUNCIL and can be terminated at any ti me with or without cause.

EMPLOYEE’S at-will status means there is no guarantee as to length of time for employment. No CITY representative has authority to agree to anything contrary to EMPLOYEE at-will status unless it is sp ecific, in writing, and signed by CITY COUNCIL.

3. TERM. This AGREEMENT shall commence on the EFFECTIVE DATE, benefits addressed in this AGREEMENT shall be retroactive as of July 1, 2026, and shall end on June 30, 2029, at 5:00 p.m., un less previously terminated by either EMPLOYEE or CITY as provided in Section 7 [SEPARATION] of this 59 EXHIBIT 1
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AGREEMENT, or unless extended in writing by mutual agreement and duly authorized and executed by both PARTIES.

4. CITY MANAGER’S COMMITMENTS.
a. DUTIES AND RESPONSIBILITIES.
i. EMPLOYEE shall perform all of the functions and duties of the City Manager as set forth in: the Cit y Manager class specification attached hereto and incorporated herein by reference as Attachment “A,” which may be amended from time to time; the CITY’s Charter, Municipal Code, and rules, polic ies, procedures, regulations, ordinances and resolutions, which may also be subsequently amended from time to time. EMPLOYEE shall also perform other legally permissible and/or cust omary and appropriate duties and functions of the City Manager as the CITY COUNCIL may assign from time to time, together with su ch additional services consistent with the laws of the United States and State of California. ii. EMPLOYEE shall perform his duties to the best of his ability in accordance with the highest profe ssional and ethical standards of the profession. EMPLOYEE shall devote his attention, skill, ability, and productive time to the performance of EMPLOYEE’S duties and responsibilities and CITY’s business.
iii. The CITY’s personnel rules, policies, procedures, regulations, ordinances and resolutions shall apply to EMPLOYEE in the same manner as applied to other uncl assified/non-classified at-will Department Heads. As feasible, t heir provisions shall be read to apply in tandem with t he terms of this AGREEMENT. However, to the extent an express provision of this AGREEMENT conflicts, this AGREEMENT shall govern.
b. CONFLICT OF INTEREST.
i. EMPLOYEE shall not engage in any business or transaction or shall have a financial or other personal inte rest or association, direct or indirect, which is in conflict with the proper discharge of official duties or would tend to impair independence of judgment or action in the performance of official duties. Personal as distinguished from financial interest includes an interest arising from blood or marriage relationships or close business or personal associations. ii. EMPLOYEE shall also comply with the conflict-of-interest provisions under California law and any conflict of interest code applicable to EMPLOYEE’s CITY employment. EMPLOYEE is responsible for submitting to Human Resources the appropriate conflict of interest statements prior to performing any services under this AGREEMENT, and thereafter as required by law.
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c. HOURS OF WORK.
i. EMPLOYEE is expected to engage in those hours of work that are necessary to perform the duties and fu lfill the obligations of the City Manager position, which fall both within and outside of customary and normal business hours. EMPLOYEE shall be required to have an onsite presence at the CITY and/or CITY Hall during his work schedule as assigned by the CITY COUNCIL and subject to change from time to time. The position of City Manager shall be deemed an exempt position under state and federal wage and hour laws.

EMPLOYEE’S compensation (whether sala ry or benefits or other allowances) is not based on hours worked and EMPLOYEE shall not be entitled to any compensation for overtime.
ii. EMPLOYEE may engage in teaching, consulting, speaking, or perform other non- CITY connected activities for which he is compensated only with the expr ess prior consent of the CITY COUNCIL.
d. DISABILITY OR INABILITY TO PERFORM. If, as the result of long-term or permanent disability, sickness, accident, injury, mental incapacity or other personal health-related reason, the CITY determines that EMPLOYEE is unable to perform his essential dutie s, with or without reasonable accommodation, after exhausting all available and authorized use of accrued sick leave, vacation, or other available and authorized paid/unpaid leave available under applicable CITY policies or state or federal law, the CITY COUNCIL may terminate EMPLOYEE, subject to any applicable limitations as provided in Article X II, Section 1200 of the CITY Charter. If the CITY COUNCIL does elect to terminate EMPLOYEE due to incapacity, EMPLOYEE shall be terminated without cause, as provided in Section 7.c [TERMINATION WITHOUT CAUSE] below. In exercising this option, the CITY will comply with its obligations under applicable state and federal disability and public retirement laws.

5. BASE SALARY.
a. On the EFFECTIVE DATE of this AGREEMENT, CITY shall compensate, retroactively, EMPLOYEE for his services rendered pursuant to this AGREEMENT a gross annual base salary of three hundred ninety thousand and two hundred seventy-se ven dollars ($390,277.00) payable in installments at the same time and in accordance with the CITY’s payroll procedures for other CITY employees, and subject to all applicable payroll taxes and withholdings.
b. At the discr etion of the CITY COUNCIL , this AGREEMENT may be amended to incorporate any salary and/or benefit adju stments granted, provided, or required by the CITY COUNCIL. The CITY shall not at any time during the term of this AGREEMENT reduce the base salary, compensation, 61 EXHIBIT 1
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or other benefits of EMPLOYEE, unless as part of a general CITY management reduction, and then in no greater percentage than the average reduction of all CITY Department Heads whose salaries, compensation or benefits are reduced.
c. The CITY COUNCIL shall conduct an annual performance evaluation of EMPLOYEE each year in the month of July to the extent feasible in accordance with specific criteria developed by the CITY COUNCIL or such member or members of the CITY COUNCIL it may designate for this purpose. The CITY COUNCIL may from time to time add to or delete such criteria as it may determine. If EMPLOYEE is on a leave of absence at the time of his annual evaluation he will be evaluated as soon as possible after his return to work. The CITY COUNCIL may, in its sole discretion, consider a salary and/or benefit adjustment in connection with the annual performance evaluation. In addition to the annual performance evaluation, the CITY COUNCIL may, in its sole discretion, conduct EMPLOYEE performance evaluations and/or reviews as frequently and as often as desired by the CITY COUNCIL.

6. BENEFITS.
a. BENEFITS. Except as set forth in this AGREEMENT, CITY agrees to provide EMPLOYEE with the benefits pr ovided under the UNREP PLAN as set forth in Section 5.b, above.
b. MEDICAL/DENTAL/VISION INSURANCE. CITY agrees to pay one hundred percent (100%) of EMPLOYEE’s medical/dental/vision insurance. c. PROFESSIONAL DEVELOPMENT. The CITY agrees to pay for reasonable sums of professional dues, conference and meeting registrations, subscriptions, travel and subsistence expenses of EMPLOYEE for professional development an d participation to adequately pursue necessary official and other functions of the CITY, in appropriate organizations such as, but not limited to, the League of California Cities, subject to prior review and approval by CITY. Notwithstanding the foregoing, the CITY COUNCIL shall have discretion to establish appropriate amounts, in the annual CITY budget or otherwise, of offi cial and professional development expenses and travel costs.
d. AUTOMOBILE ALLOWANCE. EMPLOYEE shall be provided a monthly auto allowance of five-hundred dollars ($750.00) in exchange for making a vehicle available for EMPLOYEE’s own use for CITY-related business and/or functions during, before, and after normal work hours. EMPLOYEE is not eligible for the benefit in Section 7 [Mileage Re imbursement for Private Vehicle Use] of UNREP PLAN.
e. CITY TECHNOLOGY. EMPLOYEE shall be provided a monthly technology allowance of four-hundred dollars ($400.00) to cover the cost of 62 EXHIBIT 1
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purchasing and maintaining a personal computer and/or laptop, cellular telephone and related telecommunica tions and internet service for EMPLOYEE’s own use for CITY-related business and/or functions while working at home or traveling.
f. DEFERRED COMPENSATION — SEC TION 401(A) PLAN. CITY shall contribute an amount equal to eighteen percent (18%) of EMPLOYEE’s base salary to a Section 401(a) deferred compensation plan, subject to the rules of the plan. This payment shall be in addition to the base salary and shall be made in equal installments at the same time that the EMPLOYEE’s base salary is paid.
g. VACATION LEAVE. EMPLOYEE is eligible for Vacation Leave pursuant to Section 6 [VACATION LEAVES] of the UNREP PLAN, with the following exceptions: EMPLOYEE shall accrue vacation at a rate of twelve (12) hours per pay period and shall be permitted to sell back vacation for a total of one hundred sixty (160) hours per year. The UNREP PLAN vacation accruals are not applicable to EMPLOYEE. EMPLOYEE shall accrue Vacation Leave in twenty-six (26) equal amounts on a bi-weekly payroll basis (26 pay periods).
h. SICK LEAVE. EMPLOYEE is eligible for Sick Leave pursuant to Section 8 [SICK LEAVE] of the UNREP PLAN.

i. EXECUTIVE MANAGEMENT LEAVE. On the EFFECTIVE DATE of this AGREEMENT, EMPLOYEE shall be credited one hundred and twenty (120) hours of Executive Management Leave annually.

7. SEPARATION.
a. RESIGNATION. EMPLOYEE may resign from th e position of City Manager at any time and agrees to provide the CITY COUNCIL with a minimum of 30 days advanced wri tten notice of the date of EMPLOYEE’s last date of employment, unless the PARTIES otherwise agree in writing. If EMPLOYEE resigns from CITY employment he shall not be entitled to any SEVERANCE PAY as set forth in Section 7.c., nor continued compensation and benefits and EMPLOYEE shall only be entitled to the compensation accrued up to the date of termination, and such other termination benefits and payments as may be required by la w or applicable provisions of the UNREP PLAN . This AGREEMENT shall terminate upon the date of EMPLOYEE’s last date of employment.
b. REMOVAL.
i. EMPLOYEE is an at-will employee serving at the pleasure of the CITY COUNCIL. EMPLOYEE has no constitutionally protected property or other interest in his employment as City Manager.

Nothing in this AGREEMENT shall be construed to create a property interest for EMPLOYEE in the position of City Manager.

EMPLOYEE may be terminated, with or without cause, subject to 63 EXHIBIT 1
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any applicable limitations which are now, or which may in the future, be included within the CITY Charter, CITY Municipal Code and this AGREEMENT.
c. TERMINATION WITHOUT CAUSE.
i. The CITY COUNCIL may terminate EMPLOYEE at any time, with or without cause, by a majority vote of its members, except that the EMPLOYEE shall not be terminated on or before November 19, 2026, except as provided in Article XII, Section 1200 of the CITY Charter.

If the CITY COUNCIL terminates EMPLOYEE as the City Manager without cause, (cause is defined in Se ction 7.d.ii below), on or after November 20, 2026 EMPLOYEE shall be entitled to the
compensation accrued up to the date of termination, and such other termination benefits and payments as may be required by law or applicable provisions of the UNREP PLAN. This AGREEMENT

shall terminate upon the date of EMPLOYEE’s termination, as set by the CITY COUNCIL.
ii. If the CITY COUNCIL terminates EMPLOYEE as the City Manager without cause, (cause is defined in Se ction 7.d.ii below), on or after November 20, 2026 EMPLOYEE shall be entitled to an amount equal to twelve (12) months base salary as severance
(“SEVERANCE PAY ”) conditioned upon EMPLOYEE ’s execution of a settlement agreement (i) waiving any and all claims EMPLOYEE may have against CITY as well as any other present or former employees, officers, directors, elected and appointed officials, agents, attorneys, af filiates, predecessors, successors, assigns, departments and divisions, insurers, representatives, and all persons acting by, through, under or in concert with any of them, and each of them, past and present; (ii) including a general release of all known and unknown claims and all other disputes of every kind or nature related to or arising out of EMPLOYEE’s employment with CITY, including but not limited to the termination of said employment and the AGREEMENT; (iii) a California Civil Code section 1542 waiver; and
iii.
(iv) any other waivers, provisions, clauses, terms and/or conditions, deemed appropriate by the CITY COUNCIL at the time of the termination of EMPLOYEE’s employment, under the facts and circumstances of such termination. In order for EMPLOYEE to be eligible for the SEVERANCE PAY, the settlement agreement must be executed by the EMPLOYEE no later than twenty-one (21) days after the date upon which the final settlement agreement is presented to EMPLOYEE and not revoked by the EMPLOYEE after he
executes the settlement agreement, in the timeline permitted by law under the Age Discrimination in Em ployment Act of 1967 and/or Older Workers Benefit Protection Act, if applicable.
64 EXHIBIT 1
AT-WILL EMPLOYMENT AGREEMENT BETWEEN CITY OF STOCKTON AND JOHNNY R. FORD AS CITY MANAGER

Page 7 ends

All SEVERANCE PAY required under this Section 7.c. is subject to the limitations set forth in Go vernment Code Sections 53260 and 53261. Notwithstanding any other provision of this AGREEMENT, should the SEVERANCE PAY required under this Section 7.c. exceed the amount authorized to be paid under Government Code Section 53260, then the am ount to be paid to EMPLOYEE shall be reduced in the amount necessary to comply with such statute. d. TERMINATION FOR CAUSE.
i. Within Twelve Months from the Effective Date
(1) Notwithstanding the provisions of Section 7.c.
[TERMINATION WITHOUT CAUSE], the CITY COUNCIL
may terminate EMPLOYEE for incompetence, malfeasance,
misfeasance, or neglect of dut y on or before November 19, 2026, as provided in Articl e XII, Section 1200 of the CITY Charter.
(2) In the event the CITY terminates EMPLOYEE for
incompetence, malfeasance, misfeasance, or neglect of duty on or before November 19, 2026, as provided in Article XII, Section 1200 of the CITY Charter, then the CITY may
terminate this AGREEMENT upon exhaustion of the
procedures provided in Article XII, Section 1200 of the CITY Charter, as applicable. Upon termination of this
AGREEMENT, EMPLOYEE shall no longer be employed by
the CITY and this AGREEMENT shall terminate.

EMPLOYEE shall not be entitled to any SEVERANCE PAY
as set forth in Section 7.c., and shall only be entitled to the compensation accrued up to the date of termination, and such other termination benefits and payments as may be required by law or applicable provisions of the UNREP PLAN.
ii. After Twelve Months from the Effective Date.
(1) Notwithstanding the prov isions of Section 7.c.
[TERMINATION WITHOUT CAUSE ], on or after November
20, 2026, the CITY COUNCIL may terminate EMPLOYEE
for cause. As used in this sect ion, “cause” shall mean only one or more of the following:
(a) Incompetence, such as but not limited to failure of EMPLOYEE to comply with the standards for the
position of City Manager
(b) Neglect of duty, such as but not limited to failure to timely perform the duties required of EMPLOYEE's
position or failure to implement policy directions of the

CITY COUNCIL
65 EXHIBIT 1
AT-WILL EMPLOYMENT AGREEMENT BETWEEN CITY OF STOCKTON AND JOHNNY R. FORD AS CITY MANAGER

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(c) Any grossly negligent action or inaction by
EMPLOYEE that materially and adversely: (1) impedes
or disrupts the operations of CITY or its organizational units; (2) is detrimental to employees or public safety; or (3) violates CITY’s properly-established rules or
procedures.

(d) Dishonesty involving employment
(e) Being under the influence of alcohol or intoxicating drugs while on duty
(f) Absence without leave
(g) Conviction of a crime or conduct constituting a violation of state or federal law that renders it more difficult for EMPLOYEE to deliver public service. “Conviction”
includes entry of a plea of nolo contendere or a plea
bargain
(h) Improper or unauthorized use of CITY property
(i) Failure to engage or participate in good faith in an interactive process to attempt to identify an effective reasonable accommodation to resolve a physical or
mental infirmity(s) or defect(s) affecting job
performance when it is within the capacity of the
EMPLOYEE to do so
(j) Acceptance from any s ource of any emolument,
reward, gift, or other form of remuneration in addition to EMPLOYEE’s regular compensation, as a personal
benefit to EMPLOYEE in connection with actions
performed in the normal course of EMPLOYEE’s
assigned duties
(k) Falsification of any CITY report or record or of any report or record required to be, or, filed by EMPLOYEE
(l) Engagement in prohibited harassment, discrimination, retaliation, or abusive conduct
(m) Engaging in any incompatib le activity or prohibited conflict-of-interest
(n) A material breach of this AGREEMENT
(2) For purposes of this provisi on, a determination that “cause” exists shall be based on demonstrable, or otherwise
reasonably proven, sustained, corroborated, or admitted conduct.
66 EXHIBIT 1
AT-WILL EMPLOYMENT AGREEMENT BETWEEN CITY OF STOCKTON AND JOHNNY R. FORD AS CITY MANAGER

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In the event the CITY terminates EMPLOYEE for cause, on or after November 20, 2026 then the CITY may terminate this GREEMENT immediately, and EMPLOYEE shall no longer
be employed by the CITY and this AGREEMENT shall
terminate. EMPLOYEE shall not be entitled to any
SEVERANCE PAY as set forth in Section 7.c., and shall only be entitled to the compensatio n accrued up to the date of termination, and such other termination benefits and payments as may be required by law or applicable provisions of the UNREP PLAN.
e. RETURN OF CITY PROPERTY. Upon the expiration or termination of this AGREEMENT for any reason, EMPLOYEE’s resignation or termination from the City M anager position, EMPLOYEE agrees to immediately surrender any and all writings containing information relating to the conduct of the CITY’s business prepared, owned, used, or retained by EMPLOYEE regardless of physical form or charac teristics, and any and all property, equipment, tools, or other materials of whatever nature provided to EMPLOYEE by CITY in his capacity of City Manager.

8. INDEMNIFICATION.
a. In accordance with and to the extent provided by California's Tort Claims Act (Government Code § 825 et seq.) and Government Code sections 995- 996.6, the CITY shall defend and indemnify EMPLOYEE against and for losses sustained by EMPLOYEE in direct consequences of the discharge of EMPLOYEE's duties on the CITY's behalf for the period of EMPLOYEE's employment. Nothing in this AGREEMENT shall expand the CITY’s defense and indemnification obligations beyond those provided in the Government Code Tort Claims Act (Government Code § 825, et seq.) and Government Code sections 995-996.6.
b. In the event EMPLOYEE receives any payment as paid leave pending an administrative investigati on, or funds for the legal criminal defense of EMPLOYEE, or as any cash settlement related to the termination of EMPLOYEE it shall be fully reimbursed to the CITY if EMPLOYEE is convicted of a crime involving an abuse of his office or position, as provided by Government Code sections 53243 — 53243.4. Nothing in this Section

8.b. entitles EMPLOYEE to any of the above list ed payments described in Section 8.b. CITY and EMPLOYEE agree that it is their mutual intent to fully comply with Government Code sections 53243 – 53244, as applicable. c. Upon conviction as set forth in Go vernment Code sections 7522.72 or 7522.74, EMPLOYEE may forfeit the rights and benefits in accordance with those sections.

d. This Section 8 [INDEMNIFICATION] shall survive termination of this AGREEMENT.

9. BONDING. CITY shall bear the full cost of an y fidelity or other bonds the CITY 67 EXHIBIT 1
AT-WILL EMPLOYMENT AGREEMENT BETWEEN CITY OF STOCKTON AND JOHNNY R. FORD AS CITY MANAGER

Page 10 ends

requires of EMPLOYEE under any law or ordinance or otherwise.

10. AMENDMENTS. This AGREEMENT may only be modified in writing and duly authorized and executed by both PARTIES.

11. SEVERABILITY. If any provision of this AGREEMENT is found by a court of competent jurisdiction over the PARTIES to be illegal or unenforceable, the remainder of this AGREEMENT shall not be affected and shall remain in full force and effect to the greatest extent permitted by law, unl ess the parts found to be illegal or unenforceable are wholly inseparable from the remaining portion of this AGREEMENT.

12. JURISDICTION AND VENUE. Any dispute concerning this AGREEMENT shall be governed by the laws of the State of California, and the PARTIES agree that venue shall be in San Joaquin County, California.

13. ENTIRE AGREEMENT. This AGREEMENT and its Attachment contains the entire agreement of the PARTIES and no promise, representation, warrant or covenant not included in this AGREEMENT has been or is relied on by any PARTY hereto.

14. NOTICE.

Any notices, including change of address of either PARTY during the term of this AGREEMENT, which EMPLOYEE or the CITY shall be required, or may desire, to make pursuant to this AGREEMENT shall be in writing and shall be either hand- delivered or sent by prepaid first class mail and addressed as follows:

TO CITY: Mayor
City of Stockton
501 W. Weber Avenue, Bldg. 1
Stockton, CA 95203

TO EMPLOYEE: Johnny R. Ford
[Most recent address on file with Human Resources]
//
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68 EXHIBIT 1
AT-WILL EMPLOYMENT AGREEMENT BETWEEN CITY OF STOCKTON AND JOHNNY R. FORD AS CITY MANAGER

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IN WITNESS WHEREOF, CITY has caused this AGREEMENT to be signed and executed on its behalf by its Mayor, and duly attested by its City Clerk, and EMPLOYEE has signed and executed this AGREEMENT, as of the day and year first above written.

EMPLOYEE

JOHNNY R. FORD

CITY OF STOCKTON

CHRISTINA FUGAZI
MAYOR

ATTEST:

KATHERINE D. ROLAND, CMC, CPMC

CITY CLERK

APPROVED AS TO FORM:

DON LARKIN, INTERIM CITY

ATTORNEY
69 1/24/25, 7:04 PM City of Stockton - Class Specification Bulletin EXHIBIT 1
https://www.governmentjobs.com/careers/stockton/classspecs/newprint/26105 1

City of Stockton
City Manager
CLASS CODE 00005
REVISION DATE November 23, 2004

DEFINITION
Under policy direction of the City Council, plans, organizes, coordinates and administers through management staff, all City functions and activities; prov ides policy guidance and coordinates the activities of department heads; fosters cooperative working relationships with civic groups, intergovernmental agencies and City staff; performs related work as assigned.

CLASS CHARACTERISTICS
This class has overall responsibility for policy developmen t, program planning, fiscal management, administration and operation of all City functions, programs and acti vities. The incumbent is responsible for accomplishing Council/City goals and objectives and for ensuring that the community is provided with desired and mandated services in an effective, cost efficient manner.

PRINCIPAL DUTIES (Illustrative Only)

1. Plans, organizes, coordinates, and directs through City officers, department heads, and support staff the work of the City; coordinates the work of City departments reporting directly to the City Council.

2. Develops and directs the implementation of goals, objectives, policies, procedures, and work standards for the City.

3. Works closely with the Mayor, City Council, boards and commissions, a variety of public and private organizations, and citizen groups in implementing programs and projects to solve identified problems.

4. Advises the City Council on issues and programs; prepares and recommends long-range plans for City services and programs and develops specific propos als for action on current and future City needs.

5. Makes final interpretations of City regulations and various ordinances, codes and applicable laws to ensure compliance.

6. Has responsibility for the preparation and administration of the annual budget for the City.

7. Represents the City in contacts with governmental agencies, community groups, and various business, professional and other organizations directly or through subordinate staff.

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8. Coordinates the preparation of a wide variety of reports or presentations to the City Council or outside agencies.

9. Directs the selection, supervision, and the work evaluation of departmental personnel.

10. Monitors and directs Citywide employee relations staf f development and grievance procedures; directs the development and implementation of management systems, procedures and the application of standards for program evaluation on a Citywide basis.

QUALIFICATIONS
Knowledge of:

Administrative principles and methods, including goal setting, program and budget development and implementation and employee supervision;

Principles, practices and program areas related to the management of municipal functions;

Applicable legal guidelines and standards affecting City administration;

Funding sources impacting program and service development;

Social, political, and environmental issues influencing municipal program administration.

Skill in:

Planning, organizing, administering, and coordinating a variety of large and complex municipal services and programs;

Selecting, motivating, and evaluating staff and providing for their training and professional development;

Developing and implementing goals, objectives, policies, procedures, work standards, and internal controls;

Analyzing complex technical and administrative problems, evaluating alternative solutions and adopting effective courses of action;

Preparing clear and concise reports, correspondence, and other written materials;

Establishing and maintaining cooperative working relationships with the City Council, and a variety of citizens, public and private organizations, boards and commissions, and City staff;

Exercising sound, independent judgment within general policy guidelines.

Other Requirements:

Must possess a valid California driver's license.

A typical way of gaining the knowledge and skills outlined above is:
71 1/24/25, 7:04 PM City of Stockton - Class Specification Bulletin EXHIBIT 1 Equivalent to graduation from a fou r-year college or university and substantial management and administrative https://www.governmentjobs.com/careers/stockton/classspecs/newprint/26105 3

experience in a large municipal government or similar public agency setting.

HISTORICAL NOTE

Established: 07/01/1923
Resolution: CC 6113
Exempted: 04/14/1941
Ordinance: 1606
Spec Amended: 03/21/1968
Resolution: CS 3827
Exempted: 11/12/1985
Resolution: CC85-0684
Exempted: 11/12/1985
Resolution: CC85-0684

Unit: Unrepresented/CM
Employment Status: At-Will
FLSA Status: Exempt
CS Status: Unclassified
72 City of Stockton
Legislation Text
File #: 26-0887, Version: 1

APPROVAL OF MINUTES

RECOMMENDATION
Approve the minutes from the City Council meeting of July 7, 2026 Attachment A - 2026-07-07
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87 City of Stockton
Legislation Text
File #: 26-0839, Version: 1
APPROVE A MOTION AUTHORIZING THE FISCAL YEAR 2026-27 LIBRARY VENDOR POOL

AND AGREEMENTS EXCEEDING CITY MANAGER AUTHORITY (CITYWIDE - ALL DISTRICTS)

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

1. Approve the Fiscal Year (FY) 2026-27 Library Vendor Pool, as identified in Attachment A, establishing the approved vendors and anticipated annual expenditures for library print, digital, and electronic materials.

2. Authorize the City Manager, or designee, to execute new agreements, renewals, amendments, contract change orders, purchase orders, and other purchasing documents necessary to procure library materials from the approved Vendor Pool during FY 2026-27.

3. Approve findings supporting an exception to the competitive bidding requirements of Stockton Municipal Code (SMC) Section 3.68.070.

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

Summary
The Community Services Department (CSD) Library Division requests approval of the FY 2026-27 Library Vendor Pool and authorization to procure library materials through the approved vendors identified in Attachment A. The Vendor Pool establishes the Library's anticipated annual purchasing plan for physical materials, digital content, databases, subscriptions, software, and related library resources needed to serve the Stockton-San Joaquin County Public Library System.

The City Council approved the FY 2026-27 budget on June 9, 2026, including approximately $2.02 million for library print and digital materials. The proposed Vendor Pool identifies anticipated expenditures by vendor and establishes the procurement framework staff will use throughout the fiscal year. While most purchases fall within the City Manager's delegated purchasing authority, five vendors are anticipated to exceed $100,000 in expenditures and, therefore, require specific City Council authorization.

Approval of the Vendor Pool provides transparency regarding anticipated library expenditures while allowing staff to efficiently purchase materials as community demand occurs.

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DISCUSSION
Background
The Stockton-San Joaquin County Public Library System provides library services through multiple branches serving residents throughout the City of Stockton and San Joaquin County. To maintain current and relevant collections, the Library purchases physical books, audiovisual materials, electronic resources, digital collections, databases, subscriptions, and other specialized library materials throughout the year.

Unlike many City procurements, library materials are acquired through thousands of individual transactions from specialized vendors based on patron demand, collection development priorities, and publisher availability. Many electronic resources and digital lending platforms are proprietary products that are available only from a single vendor. As a result, traditional competitive bidding is not practical or beneficial for library collections.

Recognizing the unique nature of library acquisitions, the City Council adopted Resolution No. 2018- 06-19-1105 establishing a Library Vendor Pool and approving an exception to the competitive bidding process for library materials (Attachment G). The Vendor Pool provides an efficient procurement method while maintaining transparency and fiscal accountability.

Each year, following the adoption of the annual budget, Library staff prepare a Vendor Pool Purchase Plan that identifies anticipated expenditures for each vendor based on historical purchasing patterns, subscription renewals, collection priorities, and projected patron demand. The Vendor Pool serves as the administrative framework for library purchasing throughout the fiscal year and supports the routing of agreements, renewals, contract amendments, purchase orders, and contract change orders as needed.

Present Situation
On June 9, 2026, the City Council approved the FY 2026-27 budget, including approximately $2.02 million for library print and digital materials. Following budget adoption, Library staff prepared the FY 2026-27 Vendor Pool Purchase Plan, which establishes anticipated expenditures totaling approximately $1.84 million among approved vendors.

The Vendor Pool includes vendors providing:
· Physical books and library materials
· Digital books and audiobooks
· Streaming media
· Online learning platforms
· Research databases
· Magazine subscriptions
· Language learning resources
· Reference materials
· Collection processing services
· Other specialized library resources
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Most purchases will remain within the City Manager's delegated purchasing authority and will be administered through the approved Vendor Pool process. However, based on anticipated purchasing activity during FY 2026-27, the following vendors are expected to exceed $100,000 in expenditures and therefore require specific City Council authorization:

Vendor Service FY 26-27 Amount
Brodart Company Physical Library Materials $300,000
Children’s Plus, Inc. Physical Library Materials $300,000 (Libraria)
Midwest Tape, LLC. Digital Library Materials $275,000
(Hoopla)
Ingram Library Services Physical Library Materials $200,000 OverDrive, Inc. Digital Library Materials $400,000
Vendor Pool agreements are typically established as Not-to-Exceed (NTE) agreements. Draft vendor agreements for contracts in excess of $100,000 are included as Attachments B-F. This procurement method allows purchases throughout the fiscal year as materials are ordered, rather than encumbering funds in advance. Funds are committed only when products or services are purchased, allowing the Library to respond to changing patron demand while maintaining appropriate fiscal controls.

Approval of the Vendor Pool will provide staff with an efficient procurement process for FY 2026-27 while ensuring the City maintains transparency regarding planned library expenditures. Approval of the identified agreements exceeding $100,000 will provide the additional authorization required under the City's purchasing authority.

Findings
Pursuant to Stockton Municipal Code Section 3.68.070, the City Council may approve findings supporting an exception to the competitive bidding process.

Staff finds that:

1. Library materials are specialized products acquired through publishers, distributors, licensors, and vendors serving the public library industry.

2. Many digital collections, databases, software platforms, and electronic resources are proprietary and available only from specific vendors, making competitive bidding impractical.

3. Library materials are purchased through a high volume of individual transactions throughout the fiscal year based on patron demand, collection development priorities, and publisher availability. Competitive bidding would not result in greater efficiency or cost savings.

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4. The Library Vendor Pool provides a transparent, flexible, and efficient procurement process that allows the Library to maintain current collections while ensuring purchases remain within Council-approved appropriations.

5. Approval of the FY 2026-27 Vendor Pool establishes anticipated annual purchasing authority for library materials while allowing individual purchases to occur as operational needs arise.

FINANCIAL SUMMARY
The City Council approved the FY 2026-27 Library Materials budget on June 9, 2026. The FY 2026- 27 Vendor Pool Purchase Plan identifies $1,843,089 in anticipated expenditures among approved vendors (Attachment A). These expenditures are included within the adopted budget and do not require additional appropriations.

The Vendor Pool establishes anticipated annual purchasing authority and does not obligate the City to expend the full amount identified for each vendor. Actual expenditures will occur only as library materials and services are ordered throughout the fiscal year and will remain within existing appropriations.

Attachment A - FY 2026-27 Library Vendor Pool Purchase Plan Attachment B - Brodart Agreement
Attachment C - Children's Plus Agreement
Attachment D - Hoopla Agreement
Attachment E - Ingram Agreement
Attachment F - OverDrive, Inc. Agreement
Attachment G - Resolution No. 2018-06-19-1105
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91 ATTACHMENT A: FY2026-27 VENDOR POOL PURCHASE PLAN
Vendor Description Budget
All Data/Autozone Repair Service Manuals $ 6,000.00 Bookpage Bookpage.com $ 3,060.00
Brodart Physical Materials $ 300,000.00
Callfa Group ABC Mouse $ 20,000.00
Callfa Group BookFlix $ 18,500.00
Callfa Group Wall Street Journal $ 6,700.00
Califa Group Lote4Klds $ 7,750.00
Callfa Group Linkedln Learning $ 27,500.00
Califa Group Discover & Go $ 1,025.00
Children's Plus Inc (Libraria) Physical Materials $ 300,000.00 Data Axle City Directories $ 1,685.00
EBSCO Industries, Inc. Databases $ 45,495.00
EBSCO Industries, Inc. Magazine Subscriptions $ 30,000.00 EBSCO Industries, Inc. Learning Express $ 26,727.00 Hoopla (Midwest Tape) Digital Content $ 275,000.00
Ingram Library Services IPage $ 400.00
Ingram Library Services Physical Materials $ 200,000.00 Kanopy Movies $ 10,000.00
Regional Business Directory Nor Cal Directories $ 1,600.00 Mango Languages (Creative Empire) Digital Content $ 32,320.00 Midwest Tape Physical Materials $ 40,000.00
Newsbank lnc.-Digltal Microfilm Digital Content $ 15,600.00 Overdrive Digital Content $ 400,000.00
Overdrive Magazine Subscriptions $ 17,500.00
Pronunciator Language Learning $ 15,875.00
Proquest LLC Ancestry $ 3,650.00
Proquest LLC HeritageQuest $ 11,410.61
Thomson Reuters Physical materials $ 1,700.00
Worldbook- hard bound Physical materials $ 15,000.00 Worldbook Online Electronic media $ 8,591.00

ATTACHMENT A
92 City of Stockton Brodart Co. Pricing Proposal

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PRICING PROPOSAL

CITY OF STOCKTON
TERMS VALID 07/01/26 – 06/30/27

DISCOUNTS
Items will be supplied to the City of Stockton at publisher’s list price less the following discounts:

Non-Trade: Subject matter such as technical, reference, scientific, medical publications, retrospective titles, titles published by a small press for adult and juvenile readers, and/or titles on which Brodart receives minimal or no discount. Publishers whose titles have limited sales volume and/or limited demand may be in this category and will be invoiced with the nontrade discount of 11.0% or invoiced at the publisher’s list price.

Publisher’s list prices are subject to change without notice.

REINFORCEMENT SERVIC ES

FORMAT DISCOUNT
Trade Hardcover Editions 45.5%
Non-Trade Hardcover & Paperback Editions (short discount) 11.0% Publisher's Library Editions 20.5%
Prebind/Bound to Stay Bound Editions 10.0%
Hardcover Reinforced Editions (School & Library) 40.0%
Trade Paperbacks 40.0%
Mass Market Paperbacks 40.0%

SERVICE OPTION PRICE PER BOOK
BrodartGuard (Paperback reinforced with laminate) $2.75

ATTACHMENT B
93 City of Stockton Brodart Co. Pricing Proposal

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CATALOGING & PROCESS ING BUNDLES
Additional cataloging and processing components are available upon request. All prices are applied per book.

COLLECTION DEVELOPME NT SERVICES
The City of Stockton may select any of the following Collection Development options.

SHIPPING AND DELIVER Y

SERVICE OPTION PROCESSING COMPONENT S PRICE PER BOOK
Compleat
Cataloging and
Processing
Price Includes: MARC record, holdings tag and local call number with customized call number; Jacket (standard
taped or glued) or label protectors for books with no dust jacket; Barcode label; Branch Label, Spine label; Date Stamp (month & year); System Stamp; Customer-supplied “Literacy Foundation” label; Accompanying material package includes a “Check for…” label and a clear vinyl pocket
$4.37

SERVICE OPTION DESCRIPTION PRICE
Collection Builder Customized selection lists No charge TIPS, Silver Standard specialty selection lists No charge TIPS, Diamond Customized selection lists Up to 3 profiles for $100 monthly Up to 8 profiles for $200 monthly
Up to 15 profiles for $300 monthly
FASTips Standing orders for popular authors
and series
No charge
Continuations Standing orders for serials No charge
Bibz Online Collection Development and
Ordering Tool
No charge

DESCRIPTION PRICE
The freight charge is calculated on the item total (minimum of $0.70 item and a maximum amount of $1.15 per item) and will appear as a separate line item on the invoice.

Processed material shipments will be made by best means (USPS, common carrier or UPS ground) and will arrive prepaid for inside delivery to a central location.
4%

ATTACHMENT B
94 City of Stockton Brodart Co. Pricing Proposal

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CATEGORY/BINDING DEFINITIONS

Trade Hardcover : Published with a glued binding and a hardcover. Trade hardcover editions are usually current fiction or nonfiction and are generally published for the average consumer. Publishers promote and advertise these titles more aggressively and print runs are greater than the norm.

Juvenile Trade Hardcover: Published with a glued binding and a hardcover. Current popular fiction or nonfiction books designed for children, usually with subject matter of broad appeal. Publisher promote and advertise these titles more aggressively and print run are greater than the norm.

Publisher’s Library Reinforced: Published with a high quality, usually fanned, sewn and glued binding.

Sometimes known as a "School" or "Library" binding. This binding has the durability required in a high use library setting and is usually reserved for children's materials. All publisher library reinforced editions will receive the discount quoted in this category.

Hardcover Reinforced: Published with a durable fanned and glued hardcover binding that may or may not be sewn. Also known as “Single Reinforced”, "School" or "Library" binding. Subject matter may be directed at adults or juveniles (though they are usually reserved for children's materials) and may be fiction or nonfiction.

Non-Trade Hardcover: Published with a glued binding. Subject matter such as technical, reference, scientific, medical publications, retrospective titles, titles published by a small press for adult and juvenil e readers, and/or titles on which Brodart receives minimal or no discount. Publishers whose titles have limited sales volume and those who are not in compliance with Brodart’s purchasing requirements may be in this category.

University Press: Hardcover and paperback selections from publishers that are associated with universities of higher education.

Trade Paperback: May also be known as a trade paper or quality paperback for popular and current trade titles published with a paper cover. The quality of the paper and printing in trade and quality paperbacks is usually high.

Mass Market Paperbacks: Mass market paperbacks are paperbacks sized to fit standard retail display racks; trade paperback have larger page sizes. Trade discounted paperback editions ar e generally published for the average consumer with subject matter of broad appeal.

Non-Trade Paperbacks: Published with a quality paper cover. Subject matter such as technical, reference, scientific, medical publications, retrospective publications, small presses for adult and juvenile readers and paperback titles on which Brodart receives minimal or no discount, publishers that require prepayment.

Publishers whose titles have limited sales volume and those who are not in compliance with Brodart's purchasing requirements may be in this category.

Prebind: BTSB prebinds carry a lifetime binding guarantee. With exclusive KidProof™ cover material and folded library corners, BTSB’s volumes exceed the Library Binding Institute standards. The result is longer she lf life and lower effective cost per circulation for these books.

BrodartConvert: Originally published in paperback and converted to hardcover.

BrodartGuard: Paperback reinforced with a 5-mil (2-mil spine) laminated cover.

Playaway® Digital Audio: Audio content provided on an independent player.

Spoken Word Audio: Recorded reading of a book in abridged or unabridged form on compact disc format. Also known as audiobook.

DVD: Optical disc storage media format used for playback of movies with high video and sound quality.

Blu-ray: Optical disc storage media format used for playback of movies with high definition video and audio as well as advanced interactive features

ATTACHMENT B
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PROPOSAL ACCEPTANCE
City of Stockton

Please sign and date below if you wish to accept Brodart’s proposal.

Printed Name Signature

Title Phone

Email Address Date

Please return the completed form to the following address or email to [email protected]:

Brodart Co.

Attn: Lisa Miosi
500 Arch Street
Williamsport, PA 17701

Upon receipt of the signed Proposal Acceptance form, a Brodart representative will be in contact with you to discuss implementation of the proposed services.

To ensure these discounts remain in effect for the duration of your project, please complete and return this Proposal Acceptance form no later than 03/09/26. Brodart reserves the right to renegotiate discounts if the Proposal Acceptance form is not returned by this date.

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hoopla® Digital Media Agreement
This hoopla Digital Media Agreement ("Agreement") is made on 1$} � / 1f? and effective July 1, 2023 ("Effective Date") by and between the City of Stockton on behalf of Stockton-San Joaquin County Public Library System (the "Library"), and Midwest Tape, LLC.

WHEREAS, Midwest Tape's hoopla Digital Media Platform ("hoopla," the "Platform," or the "hoopla Platform") allows participating libraries to provide their users with access to digital media content using smart phones, tablets, computers, streaming devices, and web browsers; and WHEREAS, the Platform is designed to be accessible 24/7 and offers various licenses to media content in multiple formats, including, without limitation, movies, television programs, music, audiobooks, eBooks, and comics, subject to circulation limits (if any) and other settings established by the user's library system; and
WHEREAS, the Library wishes to make hoopla available to its authorized users ("Patrons"); NOW THEREFORE, in consideration of the promises and mutual covenants contained in this Agreement, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Library and Midwest Tape (each a "Party" and collectively the "Parties") agree as follows:

1. DEFINITIONS. The following definitions apply wherever these terms appear in this Agreement, including the Appendices:

1.1 "Digital Media Platform" means one or more computer programs or applications owned, maintained, and/or used by Midwest Tape to provide access to Digital Titles and/or to allow the Library to manage its offering and Patron use of Digital Titles, including the hoopla Application, hoopla Website, and Library Administration Website.

1.2 "Digital Titles" means any and all digital media content that Midwest Tape makes available to the Library and its Patrons via the Digital Media Platform during the Term of this Agreement.

1.3 "Flex Borrow" or "Flex Circulation" means an OCOU Circulation, as defined in Appendix 2 to this Agreement. As set forth in the attached Appendix 2, a Flex Borrow occurs when a Patron uses the hoopla Application or hoopla Website to borrow a Digital Title that is at that time available to that user in the form of a one-copy/one-user ("OCOU") license owned or controlled by the Library.

1.4 "Flex License" means a one-copy/one user license ("OCOU License"), as set forth in the attached Appendix 2.

1.5 "hoopla Application" means one or more computer applications maintained, owned, and/or used by Midwest Tape to provide access for limited periods to Digital Titles (including the ability to browse, borrow, stream, download, and/or return such titles) using certain streaming devices, smart phones, tablets, and/or other mobile devices.

1.6 "hoopla Website" means a Midwest Tape website (currently www.hoopladigital.com) that may be used to access, browse, borrow, stream, and/or return Digital Titles. 9/2022US- PPU/OCOU Page 1
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Page 1 of 5 ends

INGRAM LIBRARY SERVICES AGREEMENT
T
his Ingram Library Services Agreement (“Agreement ”) is between Ingram Library Services LLC, with its principal place of business at 1 Ingram Blvd., La Vergne, TN 37086 ( “ILS”) and the Stockton-San Joaquin County Public Library with its principal place of business at 605 N. El Dorado St., Stockton, CA 95202 (“Customer”). ILS and Customer are each referred to herein as “Party” and, collectively, “Parties.” W
HEREAS, Customer wishes to purchase books and book related materials and cataloging and processing services from ILS.

W
HEREAS, ILS wishes to sell books and book related materials and cataloging and processing services to Customer.

NO
W, THEREFORE, Customer agrees to purchase books and book related materials (“Product”) from ILS and ILS agrees to provide Customer cataloging and processing services (“ Services”) pursuant to the terms set forth in Exhibit A, attached hereto and incorporated herein by reference , or as otherwise agreed between the parties, and in accordance with the following terms and conditions.

1. TER
M. This Agreement shall be effective as of the date last signed by a Party below (“Effective Date”) and will expire on June 30, 2031 unless terminated (a) by one of the Parties giving the other Party at least thirty (30) days prior written notice, or (b) as otherwise provided herein.

2. P
RODUCT DISCOUNT. Unless otherwise agreed between the parties in writing, discounts are per the terms in Exhibit A.

3. S
ERVICES. ILS agrees to provide Services at its facilities in accordance with the specifications provided in Exhibit A.

4. CRE
DIT AND PAYMENT; SHIPPING; RETURNS. Per the terms in Exhibit A.

5. T
AXES; INDEMNITY.
a. Taxes :
i. U nless exempt, Customer agrees to pay ILS any sales, use, gross receipts, business activity, VAT, GST, and/or similar type taxes that ILS is required to charge and collect from Customer for Product and Services purchased (“Taxes”). Taxes will be paid to ILS when payment for Product is due or upon receipt of a valid tax invoice.
ii. If exempt from Taxes, Customer agrees to provide ILS resale certificates, exemption certificates , and/or other appropriate documentation to demonstrate exemption. b. Indemnity: Customer will defend (at ILS’s option), indemnify and hold ILS harmless for all demands, claims, damages and related costs, including reasonable attorney fees, arising out of or related to Customer’s noncompliance with any of its responsibilities in this Agreement.

6. NO
TICES.

Any notice required or permitted to be delivered or given under this Agreement shall be deemed to have been effectively delivered or given and received (i) on the date personally delivered to the respective P arty to whom it is directed, (ii) five (5) business days after the date it is sent by domestic registered or certified mail, with postage and charges prepaid, (iii) on the first business day following the date of dispatch if delivered by a recognized next -day courier service, or (iv) upon confirmation of receipt of electronic mail (email). All notices must be sent to the appl icable Party, addressed to the person and address se t forth below or to another address specified in writing by a Party.

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ILS: Customer:

Ingram Library Services LLC As provided in the applicable signature block Attn: Legal below.
1 Ingram Blvd.

La Vergne, TN 37086

7. WARRANTY; EXCLUSION OF ALL OTHER WARRANTIES.

ILS’S SOLE WARRANTY IS THAT IT WILL SELL AND DELIVER PRODUCT AND SERVICES TO CUSTOMER AS EXPRESSLY SET FORTH IN THIS AGREEMENT. THIS WARRA NTY IS

MADE EXPRESSLY IN LIEU OF AND EXCLUDE S ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION : ANY WARRANTY ABOUT THE CONTENT OF THE PRODUCT; OR AGAINST NONINFRINGEMENT OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ; AND ALL OTHER

EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES PROVIDED BY STATUTE

OR COMMON LAW, WHETHER ARISING BY USAGE OF TRADE, COURSE OF DEALING , COURSE OF PERFORMANCE OR OTHERWISE.

8. LIMITATION OF LIABILITY.

NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL,

PUNITIVE, SPECIAL, EXEMPLARY OR INCIDENTAL DAMAGES WHETHER OR NOT FORESEEN OR KNOWN, AND WHETHER OR NOT IN LAW OR EQUITY. ILS WILL NOT ACCEPT ADMINISTRATIVE CLAIMS OR PENALTY CHARGES. ILS’S TOTAL LIABILITY

FOR ALL CLAIMS ARISING OUT OF THIS AGREEMENT (INCLUDING BREACH OF

WARRANTY, NEGLIGENCE, STRICT LIABILITY, CONTRACT AND TORT) IS LIMITED TO

THE PURCHASE PRICE PAID BY CUSTOMER FOR THE PRODUCT AND/OR SERVICES WHICH ARE THE SUBJECT OF THE CLAIM.

9. MISCELLANEOUS.
a. Governing Law; Jurisdiction and Venue : This Agreement shall be governed by and interpreted in accordance with the laws of the State of Tennessee notwithstanding any conflict of law principals. The parties agree that any claims arising under this Agreement shall be brought in a state or federal court in Davidson County, Tennessee and hereby waive any objection to jurisdiction or venue in such courts.

The United Nations Convention on Contracts for the International Sale of Goods is excluded. b. Assignment : None of the rights or obligations in this Agreement may be assigned or transferred by either Party without the consent of the other P arty; except that ILS may assign its obligations under this Agreement to an affiliate upon notice to Customer. The terms of this Agreement shall be binding on any permitted successors and assigns.
c. Waiver: The failure of a P arty to exercise its rights under the Agreement on one occasion shall not be deemed to be a waiver of the right to exercise those rights in the future. d. Severability: If any provision in this Agreement is declared invalid by any court or government agency, all other provisions shall remain in full force and effect. e. Excused P erformance: Except for payment of amounts due, a Party shall not be held liable for failure of or delay in performing its obligations under this Agreement if such failure or delay is the result of an event that is beyond the reasonable control of the P arty including, without limitation, an act of God (earthquake, hurricane, tornado, flooding, or other natural disaster or severe weather); or in the case of war, action of foreign enemies; terrorist activities; labor dispute or strike; pandemic; government sanction; blockage; embargo; or failure of electrical service or other ut ilities. The non-performing Party must notify the other P arty as soon as practicable of the event and make every reasonable attempt to minimize delay of performance.

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f. Complete Agreement; Modifications: This Agreement, and any exhibits hereto, sets forth the complete and final agreement between ILS and Customer with respect to Product and Services and supersedes and replaces any and all prior agreements between the parties with respect thereto . Any additional or different terms provided by either P arty in subsequent purchase orders, other documents (electronic or hard copy) or on ILS’s, Customer’s or third- party internet sites shall not be binding. This Agreement may only be modified by a written amendment hereto, expressly stated as such, signed by both parties. g. Order of Precedence: I n the event of any inconsistency between the terms set forth in this Library Services Agreement and the exhibits hereto, the order of precedence shall be as follows: (1) this Library Services Agreement; (2) Exhibit A.
h. Survival : The rights and obligations under Sections 3 through 9 shall survive expiration or termination of this Agreement.

Accepted by:

STOCKTON-SAN JUAQUIN COUNTY

PUBLIC LIBRARY

INGRAM LIBRARY SERVICES LLC

By: _________________________ By: ___________________________

Name: Johnny Ford

Name: Carolyn Morris

Title: City Manager

Title: Vice President

Business Address: 605 N El Dorado St.,
Stockton, CA 95202

Business Address: 1 Ingram Blvd. La Vergne,
TN 37086

Date: _______________________

Date: _______________________

May 11, 2026

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INGRAM LIBRARY SERVICES AGREEMENT

EXHIBIT A

Discounts (*Trade Hardcover, Quality and Mass Market Paperbacks):

Copies
per TITLE

1 to 4 40.0%
5 to 9 41.0%
10 to 99 42.0%
100+ 43.0%

Additional Discounts:

University Press ..........................................................10.0% Publisher Binding and Library Bindings ......................15.0% ** Short Discounted Titles................................... 10.0-30.0% *** Spoken Word Audio............................................. 0-45.0% Games ..................................................................0.0 - 5.0% DVD/Blu-ray.........................................................0.0 - 15.0% Net Titles................................................................. 0.0%

* Trade Hardcover, Quality Paperbacks and Mass Market Paperback titles ordered with a cover price of $14.99 or less will receive a 25% discount.
** Short Discount/Non-Trade: Lower demand, small print-run books in various bindings, and includes graphic novels, legal, technical, reference, scientific, and medical titles as defined by Ingram subject categories. Titles are generally published by small or university presses. Also included are print and audiobook titles purchased at lower than full trade discount; titles with limited sales volume; and/or titles from publishers not in compliance with Ingram’s purchasing requirements. Ingram is pleased to make this broad base of titles available to our customers with no service charges.
*** Eighty to eighty-five percent of all Spoken Word Audio is at the 45% discount; however, some Spoken Word Audio is short discounted by the publisher.

Freight Terms:

Shipments of 15 or more units from your primary distribution center or from your secondary distribution center qualify for Ingram-paid freight. Shipments of less than 15 units will be charged a flat $6.00 shipping fee. This flat fee amount or qualifying unit quantity is subject to change with notice. Shipping will be via best method, which may include order or account consolidation, shipping schedules or other account setting adjustments to maintain freight costs below 2% of invoice. Items picked, packed, and shipped together count as an individual shipment.

Due to the impact of rising oil prices, Ingram has instituted a $3.00 fuel surcharge per shipment. This charge is subject to change with notice. These charges will appear as a Shipping and Handling charge on your invoice.

Payment Terms:

Payment terms under this offer shall be Net 30 Days. Payment is required for invoices within these terms even when a purchase order has not been completed. Ingram does not invoice for items until they have been shipped.

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While other vendors demand payment from invoice date, Ingram’s terms are calculated on statement date at the end of each month. With payment due 30 days from statement date, the customer’s payment is due an average of 45 days from invoice (30-59 days). Ingram reserves the right to assess a late charge on all past due invoices.

Cataloging and Processing:

To simplify budgeting and to speed items through our facilities, Ingram offers bundled cataloging and processing services. With our tiered service levels, your library can easily estimate its yearly cataloging and processing costs and identify ways to save. Rather than charging for each item applied to a unit, all units on a designated account will be charged the same cataloging and processing fee. This speeds up the work in our processing units and lets the library reconcile charges with little effort. It also distributes cataloging costs across all Ingram’s cataloging customers more fairly and enables us to maintain lower fees.

ATTACHMENT E
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©2026 OverDrive, Inc. One OverDrive Way • Cleveland, OH 44125 • P: +1 216-573-6886 OverDrive Public Library Order Form
Library Information
Name of Library:

Address:

City, State/Province, Postal Code: Country: U.S.

Primary Contact
Name: Title:

Telephone: Email:

Accounting Contact (all invoices will be emailed to the contact listed below):

Name: Title:

Telephone: Email:

Bill To Address:

City, State/Province, Postal Code: Country:
□OverDrive sends emails about promotions, new products and services. By checking this box, you consent to receiving OverDrive’s communications and promotional emails to your Primary Contact email address. These emails also include an easy method to manage your subscription(s), including unsubscribing to future emails.

OverDrive Service Fee:

My Library will be invoiced $54,000 (USD) annually, which includes a Service Fee and Content Credit (collectively the “OverDrive Fee”), to be allocated as follows:

Service Fee $12,000 Hosting, maintenance, content fulfillment, and support for your digital library service Content Credit $42,000 Placed on deposit for digital content purchases in OverDrive Marketplace All payments are due within thirty (30) days of presentation of invoice.

Term Length:

This Order Form and the OverDrive Public Library Access Agreement are collectively referred to as the “Agreement .” The term of the Agreement is four (4) years, commencing on July 7, 2026. The Agreement shall automatically renew for successive terms of one (1) year unless either party provides written notice of intention not to renew ninety (90) days prior to the expiration of the then-current term.

Terms and Conditions:
• The OverDrive Service is licensed pursuant to this Order Form and the OverDrive Public Library Access Agreement, available at https://company.overdrive.com/pl-aa.pdf, the terms of which are incorporated herein and may be modified from time to time.
• The OverDrive Fee is nonrefundable.
• The OverDrive Fee may be modified by OverDrive in its sole discretion. OverDrive will notify Library in writing at least thirty (30) days prior to the effective date of any such modification. • This OverDrive Public Library Order Form supersedes and replaces all previous order forms signed by and between the parties.
[Signature Page Follows]
City of Stockton, Stockton San Joaquin Counyu Public Library 605 N. El Dorado Street
Stockton, CA 95202
Mary Gazdik
City/County Librarian
(209) 937-8364
[email protected]
Thomas Freeman
Program Manager III
(209) 937-7779
[email protected] & [email protected] 605 N. El Dorado Street
Stockton, CA 95202
U.S.

ATTACHMENT F
136
©2026 OverDrive, Inc. One OverDrive Way • Cleveland, OH 44125 • P: +1 216-573-6886 Acknowledgement and Acceptance:

On behalf of my Library, I represent and warrant that I have the authority to enter into this Agreement, and my signature below indicates my Library’s acceptance of the Agreement.

By (signature) Title _______
Name (Print) Date _______

ATTACHMENT F
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ATTACHMENT G
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ATTACHMENT G
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ATTACHMENT G
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ATTACHMENT G
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City of Stockton
Legislation Text
File #: 26-0231, Version: 1

RESOLUTION AUTHORIZING THE SUMMARY VACATION OF A PORTION OF RIGHT-OF-WAY

EASEMENTS ALONG EIGHT MILE ROAD AND HOLMAN ROAD

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

1. Approving the summary vacation of a portion of right-of-way easements along Eight Mile Road and Holman Road;

2. Authorizing the filing of a Notice of Exemption No. 06-26 under the California Environmental Quality Act for the vacation of a portion of right-of-way easements along Eight Mile Road and Holman Road.

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

Summary
The applicant, Holman Investors, LLC, is requesting the abandonment of right-of-way easements along the southeast and southwest corners of Eight Mile Road and Holman Road (APNs: 122-020- 18, 122-020-19, 122-020-32, 122-020-33) to allow for the reconfiguration of future right-of-way associated with a subdivision development. Fee title of the abandonment area is owned by Holman Investors, LLC (Attachment A - Vicinity Map and Attachment B - Aerial Map). There are no existing City utilities located within the proposed abandonment areas, and a future Public Utility Easement (PUE) will be reserved for PG&E facilities, alongside an updated right-of-way dedication.

DISCUSSION
Background
Holman Investors, LLC, owns the real property located along the southeast and southwest corners of Eight Mile Road and Holman Road. The right-of-way has not yet been constructed, and abandoning the right-of-way easements will enable the final buildout of Cannery Park, Unit No. 1. The proposed abandonment areas contain approximately 1.1 acres.

Present Situation
The Public Works, Community Development, Municipal Utilities, Police, and Fire Departments, and local utilities were notified of the proposed vacation at this site, and no objections were received.

Staff were notified by PG&E that the abandonment areas contain segments of electric and gas City of Stockton Printed on 8/14/2026Page 1 of 2
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File #: 26-0231, Version: 1
distribution facilities. A subsequent PUE will be recorded by the City to cover the PG&E facility segments that are within the abandonment areas. In addition, a right-of-way dedication will be recorded for the new location of the future roadway.

The City may perform this proposed abandonment as a summary vacation under Division 9, Part 3, section 8331 & 8334(a), of the California Streets and Highway Code. Pursuant to section 8331, a public hearing is not required when a street or highway has been impassable for vehicular travel for at least five consecutive years and no public money was expended for maintenance on the street or highway during such period. Additionally, pursuant to section 8334(a), excess right-of-way of a street that is not required for street or highway purposes may be summarily vacated. The proposed vacation conforms with California Streets and Highway Code Section 8331, 8334(a), and 8335(a), in that the area has been impassable for vehicular travel for five consecutive years, no City funds have been spent for maintenance on the vacation areas, and the excess right-of-way may be summarily vacated if not required for street and highway purposes.

The Public Works and the Community Development Department concur with the proposed vacation of these portions of right-of-way easements located along the southeast and southwest corners of Eight Mile Road and Holman Road.

It is recommended that the City Council approve the proposed resolution vacating approximately 1.1 acres of City right-of-way easements along Eight Mile Road and Holman Road as described in Exhibit 1 and depicted in Exhibit 2 to the Resolution.

ENVIRONMENTAL CLEARANCE
It has been determined by the Community Development Department that this project is Categorically Exempt under California Environmental Quality Act (CEQA) guidelines and is granted a “general rule exemption” under section 15061(b)(3) since there is no possibility that the activity in question would have significant effect on the environment and the activity is not subject to CEQA. The project is also not subject to any of the exceptions to the use of a Categorical Exemption listed in CEQA Guidelines section 15300.2.

In accordance with section 65402 of the Government Code, it has been determined that this project or action conforms to the City’s General Plan designation for the site and with the General Plan Policy Document, as amended.

FINANCIAL SUMMARY
The applicant, Holman Investors, LLC, has paid the necessary fee to process the right-of-way abandonment. There is no negative financial impact to the City’s General Fund.

Attachment A - Vicinity Map
Attachment B - Aerial Map
City of Stockton Printed on 8/14/2026Page 2 of 2
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ATTACHMENT A
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ATTACHMENT B
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Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION AUTHORIZING THE SUMMARY VACATION OF A PORTION OF

RIGHT-OF-WAY EASEMENTS ALONG EIGHT MILE ROAD AND HOLMAN ROAD

The right-of-way easements proposed for summary vacation are located along a portion of Eight Mile Road and Holman Road , as described in Exhibit A (Exhibit 1) and shown in Exhibit B (Exhibit 2); and

The fee title the property vested in Holman Investors, LLC. The proposed vacation area consists of four abandonment locations; and

Holman Investors, LLC, the property owner, is requesting the vacation of a portion of right-of-way easements in order to perfect the final right-of-way layout at Cannery Park, Unit No. 1, and has paid all the necessary fees; and

This action is taken pursuant to Division 9, Part 3, Chapter 4 of the California Streets and Highways Code sections 8331 & 8334(a), the Summary Vacation Procedure of the Public Streets, Highways, and Service Easements Vacation Law; and

The subject property meets the criteria set forth in the Streets and Highways Code section 8331, provided below in relevant parts:

“The legislative body of a local agency may summarily vacate a street or highway if both of the following conditions exist: (a) For a period of five consecutive years, the street or highway has been impassable for vehicular travel. (b) No public money was expended for maintenance on the street or highway during such period.”

The subject property meets the criteria set forth in the Streets and Highways Code section 8334(a), in relevant parts, provides that:

“The legislative body of a local agency may summarily vacate any of the following: (a) An excess right-of-way of a street or highway not required for street or highway purposes.”

The proposed vacation conforms with both Code sections 8331 and 8334(a), in that the area has been impassable for vehicular travel for five consecutive years, no public money was expended for maintenance on the street, and the excess right -of-way is not required for street or highway purposes; and

All City Departments and local utilities were notified and provided an opportunity to object to the proposed vacation if it were to negatively impact departmental or agency functions. While no objections were received, a future public utility easement will be dedicated to cover PG&E facility segments within the abandoned areas; and

146
It is found and determined that the subject property meets the criteria set forth in Streets and Highway Code section 8334(a), where after vacation, it is no longer needed by the public and may be disposed of as set forth herein; and

The Community Development Department has determined that this action/project is exempt from the requirements of the California Environmental Quality Act (CEQA) and is granted a “Categorical Exemption” per CEQA Guidelines by section 15061(b)(3); and

In accordance with section 65402 of the Government Code, this project/activity conforms to the City’s General Plan Policy Document, as amended; now, therefore,

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

1. The City Council hereby authorizes that a portion of the public right-of-way easements located along Eight Mile Road and Holman Road, more particularly described in Exhibit 1 & shown in Exhibit 2, attached hereto, and incorporated by this reference, is hereby declared to be vacated by this order and no longer constitutes a street or highway as of the date this resolution is recorded.

2. That the City Manager is authorized to approve the fil ing of Notice of Exemption No. 06-26 under CEQA, a copy of which is attached as Exhibit 3 and incorporated by this reference.

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

PASSED, APPROVED, and ADOPTED: August 18, 2026 .

CHRISTINA FUGAZI
Mayor of the City of Stockton

ATTEST:

___

KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
147
EXHIBIT 1
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EXHIBIT 1
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EXHIBIT 1
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EXHIBIT 2
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EXHIBIT 2
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EXHIBIT 2
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EXHIBIT 2
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MEMORANDUM
February 23, 2026
TO:

Nancy Arroyo, Real Property Agent I
Economic Development Department
FROM: Nicole D. Moore, LEED-AP, Contract Planner
Community Development Department
SUBJECT: CEQA NOTICE OF EXEMPTION (NOE ) 06-26 – ABANDONMENT OF ROW IN CANNERY PARK UNIT NO. 1 AT EIGHT MILE AND HOLMAN ROADS
The Community Development D epartment received a request to review the above-referenced project for conformity with the Stockton General Plan and make an environmental determination pursuant to the Califor
nia Environmental Quality Act (CEQA). The City of Stockton’s Economic Development Department received a request from Holman Investors LLC to abandon right-of- way at Eight Mile Road and Homan Road (APNs 122-020-18, -19, -32 and -33). Please see the attached for more information.

In accordance with Government Code §65402, the Community Development Department determines the proposed dedication of land is neutral in regard to conformity with the Stockton General Plan. Future development of the subject parcels shall be under the jurisdiction of the City of Stockton.

Concerning the California Envi ronmental Quality Act (CEQA) determination, the Community Development Department concludes that the dedication of land is covered by the common sense exemption in CEQA Guidelines section 15061(b)(3 ), because it can be seen with certainty that there is no possibility that t he activity in question (dedication of land) may have a significant effect on the environment. The proj ect is also not subject to any exceptions to the use of a Categorical Exemption listed at CEQA Guidelines §15300.2.

Upon approval by City Council and per SB 69, the Economic Developm ent Department is required to file the attached Notice of Exemption with the San Joaquin County Clerk’s Office to initiate a 35-day statute of limitations on court challenges. The Economic Development Department is also required to upload a copy of the filed NOE with t he State Clearinghouse.

Please retain a copy of the original posted not ice within the project file in the Economic Development Department file directory.

By:

Nicole D. Moore, LEED-AP, Contract Planner
Attachments
Attachment A: Request and Project Location
Attachment B: Notice of Exemption
EXHIBIT 3
155

MEMORANDUM

February 13, 2026

TO: Nicole Moore, Contract Planner
Community Development Department

FROM: Nancy Arroyo, Real Property Agent I
Economic Development Department

SUBJECT: RIGHT OF WAY – ABANDONMENT – C ANNERY PARK UNIT NO. 1 EIGHT MILE AND HOLMAN ROAD ____

Please provide the appropriate environmental review for the above- referenced project as described below:

Project Title: Right-of-Way Easement Abandonment – Eight Mile Road and Holman Road

Applicant: Holman Investors LLC

Description/Location: Eight Mile Road and Holman Road (APN s: 122-020-18, -19, -32, -33)

Also, please make the required determination to conformity to the General Plan in accordance with Section 65402 of the Government Code. If you have questions regarding this request, please contact me at extension 7540.

NANCY ARROYO, REAL PROPERTY AGENT I

ECONOMIC DEVELOPMENT DEPARTMENT

Attachment

EXHIBIT 3
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EXHIBIT 3
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EXHIBIT 3
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EXHIBIT 3
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EXHIBIT 3
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EXHIBIT 3
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EXHIBIT 3
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EXHIBIT 3
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CIT Y OF STOCKTON

NOTICE OF EXEMPTION
TO:

COUNTY CLERK FROM: Lead Agency
COUNTY OF SAN JOAQUIN City of Stockton
44 N. San Joaquin St., Ste. 260 c/o Economic Development Dept.

Stockton, CA 95202 501 W. Weber Ave., Building 2
Stockton, CA 95203
NOTICE OF EXEMPTION PURSUANT TO PUBLIC RE SOURCES CODE SECTION 21152(B) AND CALIFORNIA CODE OF REGULATIONS TITLE 14, SECTION 15062
PROJ

ECT DATA
Project Title:

Right-of-Way Abandonment in Cannery Park Unit No. 1 at Eight Mile and Holman Roads CEQA Exemption File No.: NOE 06-26
Applicant: Holman Investors LLC
Project Description/Location: The City of Stockton’s Economic Development Department received a request from Holman Investors LLC to abandon right-of-way at Eight Mile Road and Homan Road (APNs 122-020-18, -19, -32 and -33). Please see the attached for more information.

DETERMINATION/FINDIN

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

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

X The activity is exempt under the "common sense exemption" at CEQA Guidelines Section 15061(b)(3).

The project is "Statutorily Exempt" per CEQA Guidelines Section: __________ The project is "Categorically Exempt" per CEQA Guidelines Section 15301(c).

BA

SIS FOR FINDING OF EXEMPTION
X The activity does not qualify as a project and/or clearly could not have a significant effect on the environment and, therefore, CEQA does not apply.

The activity constitutes a discretionary project under the City's jurisdiction and qualifies as a project which has been determined not to have a significant effect on the environment and, therefore, is exempt from the provisions of CEQA under the above-noted statutory or categorical exemption(s).

TINA McCARTY, DIRECTOR February 23, 2026

ECONOMIC DEVELOPMENT DEPARTMENT (DATE OF PREPARATION) By
Nancy Arroyo, Real Property Agent I (DATE OF FINAL APPROVAL) _____________________________________________________________________________________________

AFFIDAVIT OF FILING AND POSTING
I declare that
on the date stamped above, I received and posted this notice or included it on a list of such notices which was posted as required by California Public Resources Code Section 21152(B). Said notice or list of notices will remain posted for 35 days from the filing date.
___________________________________________
________________________________________________
Signature Title
_________________________________________
Posting Period Ending Date
EXHIBIT 3
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City of Stockton
Legislation Text
File #: 26-0722, Version: 1

RESOLUTION AUTHORIZING THE SUMMARY VACATION OF A PORTION OF RIGHT-OF-WAY ALONG ARCH ROAD AND SOUTH 99 FRONTAGE ROAD AND RESERVING A PUBLIC UTILITY

EASEMENT

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

1. Approving the summary vacation of a portion of right-of-way along Arch Road and South 99 Frontage Road;

2. Authorizing the filing of a Notice of Exemption No. 21-26 under the California Environmental Quality Act for the vacation of a portion of right-of-way along Arch Road and South 99 Frontage Road; and

3. Reserving a public utility easement for the benefit of Pacific Gas and Electric Company; and

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

Summary
The applicant, Friedrich Enterprises LP, is requesting the abandonment of the right-of-way easement at Arch Road between the Highway 99 offramp and South 99 Frontage Road (adjacent to APNs: 179- 310-01 and 179-310-07) to allow for the adjoining property owner to eliminate the blighted conditions and explore potential development opportunities (Attachment A - Vicinity Map and Attachment B - Aerial Map). Fee title of the abandonment area is owned by Overseas Investors, Inc. The City of Stockton originally acquired the right-of-way easement being recommended for abandonment in the 1990s as part of the Arch Road/State Route 99 Interchange expansion, which has since been completed. There are no existing City utilities located within the proposed abandonment area.

DISCUSSION
Background
Friedrich Enterprises LP owns the real property located adjacent to the proposed right-of-way abandonment area at 4965 South 99 Frontage Road (APN: 179-310-07) and 4943 South 99 Frontage Road (APN: 179-310-01). The proposed abandonment area contains approximately 3.18 acres. The City of Stockton accepted an Irrevocable Offer of Dedication from the fee title property owner, recorded on July 1, 1992, for the future State Highway 99/Arch Road widening. The right-of- way easement is no longer needed, and the proposed vacation will allow for the adjoining property owner to eliminate blighted conditions and explore potential development opportunities.

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Present Situation
The Public Works, Community Development, Municipal Utilities, Police, and Fire Departments, and local utilities were notified of the proposed vacation at this site, and no objections were received.

However, Pacific Gas & Electric (PG&E) requested that a public utility easement be reserved in the proposed abandonment area. The proposed resolution includes a reservation of a public utility easement within the abandonment area.

The City may perform this proposed abandonment as a summary vacation under Division 9, Part 3, section 8331 & 8334(a), of the California Streets and Highway Code. Pursuant to section 8331, a public hearing is not required when a street or highway has been impassable for vehicular travel for at least five consecutive years and no public money was expended for maintenance on the street or highway during such period. Additionally, pursuant to section 8334(a), excess right-of-way of a street that is not required for street or highway purposes may be summarily vacated. The proposed vacation conforms with California Streets and Highway Code Section 8331 & 8334(a), in that the area has been impassable for vehicular travel for five consecutive years, no City funds have been spent for maintenance on the vacation areas, and the excess right-of-way may be summarily vacated if not required for street and highway purposes.

The Public Works and the Community Development Department concur with the proposed vacation of this right-of-way easement located on Arch Road between the Highway 99 offramp and South 99 Frontage Road.

It is recommended that the City Council approve the proposed resolution vacating approximately 3.18 acres of City right-of-way, as described in Exhibit 1 and shown in Exhibit 2 to the Resolution.

ENVIRONMENTAL CLEARANCE
It has been determined by the Community Development Department that this project is Categorically Exempt under California Environmental Quality Act (CEQA) guidelines and is granted a “Common Sense Exemption” under Section 15061(b)(3) since there is no possibility that the activity in question would have significant effect on the environment and the activity is not subject to CEQA. The project is also not subject to any of the exceptions to the use of a Categorical Exemption listed in CEQA Guidelines Section 15300.2.

In accordance with Section 65402 of the Government Code, it has been determined that this project or action conforms to the City’s General Plan designation for the site and with the General Plan Policy Document, as amended.

FINANCIAL SUMMARY
As of the writing of this staff report, the applicant, Friedrich Enterprises LP, has not yet paid the necessary fee to process the right-of-way abandonment. If approved by Council, payment of the abandonment will be required prior to recording of the certified Resolution. There is no negative financial impact to the City’s General Fund.

Attachment A - Vicinity Map
Attachment B - Aerial Map
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ATTACHMENT A
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ATTACHMENT B
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Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION AUTHORIZING THE SUMMARY VACATION OF A PORTION OF RIGHT-OF-WAY ALONG ARCH ROAD AND SOUTH 99 FRONTAGE ROAD AND

RESERVING A PUBLIC UTILITY EASEMENT

The proposed summary vacation is located on the southern side of Arch Road between the Highway 99 offramp and South 99 Frontage Road , adjacent to APNs 179- 310-01 and 179 -310-07, as described Exhibit A (Exhibit 1) and shown in Exhibit B (Exhibit 1); and

The fee title to the property is vested in Overseas Investors, Inc. The proposed vacation area consists of approximately 3.18 acres; and

Friedrich Enterprises LP, the adjoining property owner, is requesting the vacation to eliminate blighted conditions and explore potential development opportunities, and will be required to pay the necessary fee to process this vacation; and

This action is taken pursuant to Division 9, Part 3, Chapter 4 of the California Streets and Highways Code sections 8331 & 8334(a), the Summary Vacation Procedure of the Public Streets, Highways, and Service Easements Vacation Law; and

The subject property meets the criteria set forth in the Streets and Highways Code section 8331, provided below in relevant parts:

“The legislative body of a local agency may summarily vacate a street or highway if both of the following conditions exist: (a) For a period of five consecutive years, the street or highway has been impassable for vehicular travel. (b) No public money was expended for maintenance on the street or highway during such period.”

The subject property meets the criteria set forth in the Streets and Highways Code section 8334(a), in relevant parts, provides that:

“The legislative body of a local agency may summarily vacate any of the following: (a) An excess right-of-way of a street or highway not required for street or highway purposes.”

The proposed vacation conforms with both Code sections 8331 and 8334(a), in that the area has been impassable for vehicular travel for five consecutive years, no public money was expended for maintenance on the street, and the excess right -of-way is not required for street or highway purposes; and
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All City Departments and local utilities were notified and provided an oppo rtunity to object to the proposed vacation if it were to negatively impact departmental or agency functions. There were no objections to the proposed vacation; and

It is found and determined that the subject property meets the criteria set forth in Streets and Highways Code section 8334(a), where after vacation, it is no longer needed by the public and may be disposed of as set forth herein; and

The Community Development Department has determined that this action/project is exempt from the requirements of the California Environmental Quality Act (CEQA) and is granted a “Common Sense Exemption” per CEQA Guidelines by section 15061(b)(3); and

In accordance with section 65402 of the Government Code, this project/activity conforms to the City’s General Plan Policy Document, as amended; now, therefore,

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

1. The City Council hereby authorizes that a portion of the public right-of-way located along Arch Road and South 99 Frontage Road, more particularly described in Exhibit 1 & shown in Exhibit 2, attached hereto, and incorporated by this reference, is hereby declared to be vacated by this order and no longer constitutes a street or highway as of the date this Resolution is recorded.

2. The City Manager is authorized to approve the filing of Notice of Exemption No. 21-26 under CEQA, a copy of which is attached as Exhibit 3 and incorporated by this reference.

3. Pursuant to the provisions of section 8340 of the Streets and Highways Code, the City Council authorizes, for the benefit of Pacific Gas and Electric Company, reservation of a permanent easement and the right at any time, and from time to time, to excavate for, construct, reconstruct, replace (of initial or any other size), maintain, remove, inspect and use public utility facilities, including, but not limited to electric, gas and communication facilities.

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

PASSED, APPROVED, and ADOPTED: August 18, 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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MEMORANDUM
June 24, 2026
TO: Jordan Peterson, Deputy Director of Redevelopment
Economic Development
Department
FROM: Nicole D. Moore, LEED-AP, Contract Planner
Community Development Department
SUBJECT: CEQA NOTICE OF EXEMPTION (NOE) 21-26 – RIGHT-OF-WAY – ABANDONMENT – ARCH ROAD & 99 FRONTAGE
The Community Development D epartment received a request to review the above-referenced project for conformity with the Stockton General Plan and make an environmental determination pursuant to the California Environmental Quality Act (CEQA). The City of Stockton’s Ec onomic
Development Department received a request from Friedrich Enterprises LP to abandon right-of- way at the northwest corner of Arch Road and South 99 Fr ontage Road, east of the 99 northbound offramp. Please see the attached for more information.

In accordance with Government Code §65402, the Community Development Department determines the proposed dedication of land is neutral in regard to conformity with the Stockton General Plan. Future development of the subject parcels shall be under the jurisdiction of the City of Stockton.

Concerning the California Envi ronmental Quality Act (CEQA) determination, the Community Development Department concludes that the dedication of land is covered by the common sense exemption in CEQA Guidelines section 15061(b)(3 ), because it can be seen with certainty that there is no possibility that t he activity in question (dedication of land) may have a significant effect on the environment. The proj ect is also not subject to any exceptions to the use of a Categorical Exemption listed at CEQA Guidelines §15300.2.

Upon approval by City Council and per SB 69, the Economic Developm ent Department is required to file the attached Notice of Exemption with the San Joaquin County Clerk’s Office to initiate a 35-day statute of limitations on court challenges. The Economic Development Department is also required to upload a copy of the filed NOE with t he State Clearinghouse.

Please retain a copy of the original posted not ice within the project file in the Economic Development Department file directory.

By:

Nicole D. Moore, LEED-AP, Contract Planner
Attachments
Attachment A: Request and Project Location
Attachment B: Notice of Exemption
EXHIBIT 3
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EXHIBIT 3
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EXHIBIT 3
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EXHIBIT 3
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CITY OF STOCKTON

NOTICE OF EXEMPTION
TO: COUNTY
CLERK FROM: Lead Agency
COUNTY OF SAN JOAQUIN City of Stockton
44 N. San Joa
quin St., Ste. 260 c/o Economic Development Dept.

Stockton, CA 95202 501 W. Weber Ave., Building 2
Stockton, CA 95203
NOTICE OF EXEMPTION PURSUANT TO PUBLIC RE SOURCES CODE SECTION 21152(B) AND CALIFORNIA CODE OF REGULATIONS TITLE 14, SECTION 15062

PROJECT
DATA
Project Title: RIGHT-OF-WAY –
ABANDONMENT – ARCH ROAD & 99 FRONTAGE
CEQA Exemption File No.: NOE 21-26
Applicant: Friedrich Enterprises LP
Project Description/Location: The City of Stockton’s Economic Development Department received a request from Friedrich Enterprises LP to abandon right-of-way at the northwest corner of Arch Road and South 99 Frontage Road, east of the 99 northbound offramp. Please see the attached for more information.

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

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

X The activity is exempt under the "common sense exemption" at CEQA Guidelines Section 15061(b)(3).

The project is "Statutorily Ex empt" per CEQA Guidelines Section: __________ The project is "Categorically Exempt" per CEQA Guidelines Section 15301(c).

BASIS F

OR FINDING OF EXEMPTION
X The activity d oes not qualify as a project and/or clearly could not have a significant effect on the environment and, therefore, CEQA does not apply.

The activity constitutes a discretionary project under the City's jurisdiction and qualifies as a project which has been determined not to have a significant effect on the environment and, therefore, is exempt from the provisions of CEQA under the above-noted statutory or categorical exemption(s).

JORDAN PETERSON, DEPUTY DIRECTOR, REDEVELOPMENT

ECONOMIC DEVELOPMENT DEPARTMENT (DATE OF PREPARATION)
By
Jordan Peterson, Deputy Director of Redevelopment (DATE OF FINAL APPROVAL) _____________________________________________________________________________________________

AFFIDAVIT OF FILING AND POSTING
I declare that on the date st
amped above, I received and posted this notice or included it on a list of such notices which was posted as required by California Public Resources Code Section 21152(B). Said notice or list of notices will remain posted for 35 days from the filing date.
___________________________________________ _______________________________________________ Signature Title
_________________________________________
Posting Period Ending Date
EXHIBIT 3
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City of Stockton
Legislation Text
File #: 26-0852, Version: 1

APPROVE A MOTION AUTHORIZING A FIVE-YEAR DISPATCH SERVICES AGREEMENT WITH

THE SAN JOAQUIN COUNTY JOINT RADIO USERS GROUP AND ALLOCATING ONE

ADDITIONAL FIRE BATTALION CHIEF - ADMIN TO THE FIRE DEPARTMENT GENERAL FUND

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

1. Approve a five-year Agreement for the City of Stockton to provide dispatch services to the San Joaquin County Joint Radio Users Group (JRUG); and

2. Allocate one (1) additional Fire Battalion Chief - Admin position to the Fire Department General Fund; and

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

Summary
The Stockton Regional Emergency Communications Center continues to expand its role as the regional provider of fire, emergency medical, and ambulance dispatch services throughout San Joaquin County. The proposed Agreement (Attachment A) establishes dispatch services for participating San Joaquin County Joint Radio Users Group agencies and is anticipated to generate approximately $602,375 in annual revenue. Staff also recommend allocating one additional Administrative Fire Battalion Chief position to the Fire Department General Fund to provide additional support to the Special Services Bureau.

DISCUSSION
Background
The San Joaquin County Joint Radio Users Group (JRUG) is a Joint Powers Authority whose members include fire departments, fire protection districts, and emergency ambulance providers throughout San Joaquin County. The members include Escalon Community Ambulance, Manteca District Ambulance, Ripon Consolidated Fire District, Clements Fire District, Collegeville Fire District, Escalon Consolidated Fire District, Farmington Rural Fire District, French Camp-McKinley Fire District, Liberty Fire District, Linden-Peters Fire District, Mokelumne Rural Fire Protection District, Montezuma Fire District, Mountain House Community Services District, Thornton Fire District, and Waterloo Morada Fire District.

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Following San Joaquin County's award of the Exclusive Operating Area (EOA) Zones X and Y ambulance contract to the CENCAL Fire and EMS Authority, CENCAL entered into an agreement with the City of Stockton to provide emergency ambulance dispatch services. Because San Joaquin County requires all contracted emergency ambulance providers to be dispatched from the same communications center, Manteca District Ambulance, Ripon Consolidated Fire District, and Escalon Community Ambulance must transition from the Valley Regional Emergency Communications Center (VRECC) to the Stockton Regional Emergency Communications Center. Rather than separating those ambulance providers from the remaining JRUG member agencies, which currently receive dispatch services through VRECC, JRUG elected to transition its participating member agencies to the Stockton Regional Emergency Communications Center under a single agreement.

Present Situation
Under the proposed Agreement, the Stockton Regional Emergency Communications Center will provide twenty-four-hour fire dispatch, emergency medical dispatch, and emergency ambulance dispatch services for participating JRUG agencies. These services include emergency call processing, resource assignment and dispatch, emergency medical instructions, incident communications, coordination of mutual aid and automatic aid resources, and operational reporting.

Approval of the Agreement will establish the Stockton Regional Emergency Communications Center as the sole provider of fire and emergency ambulance dispatch services within San Joaquin County.

The Center currently dispatches the Stockton Fire Department, Lodi Fire Department, South San Joaquin County Fire Authority, Manteca Fire Department, Lathrop-Manteca Fire Protection District, and emergency ambulances operating under the CENCAL Fire and EMS Authority. With the addition of the participating JRUG agencies, all fire departments and emergency ambulance providers in the County will be dispatched through a single communications center.

This countywide model provides a level of coordination that cannot be achieved when agencies are divided among separate dispatch centers. Dispatchers will have direct visibility of available fire and ambulance resources throughout the County and will be able to coordinate responses across jurisdictional boundaries without transferring information between communications centers. This is particularly important during structure fires, vegetation fires, mass-casualty incidents, major traffic collisions, and other emergencies that require resources from multiple agencies.

A single communications center also supports consistent dispatch procedures, more efficient mutual aid and automatic aid coordination, shared situational awareness, and faster deployment of the most appropriate available resources. For the community, the result is a more coordinated emergency response system in which agency boundaries are less likely to delay the exchange of information or the movement of critical resources.

Additional Position
The establishment of the CENCAL Fire and EMS Authority led to the reassignment of the former Administrative Fire Battalion Chief, previously responsible for the Department's Emergency Medical Services Division, to serve as the Authority's Executive Director. The CENCAL partnership has expanded the Department's leadership role in emergency medical services across San Joaquin County; however, it has left the Department with only one Administrative Battalion Chief to support three Deputy Fire Chiefs, each of whom oversees an entire Bureau - Fire Prevention, Operations, City of Stockton Printed on 8/14/2026Page 2 of 3
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and Special Services - within the Department. This restructuring is necessary to ensure each Bureau receives adequate administrative support, thereby improving operational efficiency and oversight across critical functions such as dispatch, facilities maintenance, and employee health and wellness.

Currently, one Administrative Battalion Chief is assigned to the Training Division and reports directly to the Deputy Chief of Operations, while the former EMS Chief, now serving as Administrative Director of CENCAL, reports directly to the Fire Chief. Approval of the proposed allocation will allow for the re-establishment of a second Administrative Fire Battalion Chief, who will assist the Special Services Bureau and report directly to the Deputy Chief of Special Services. The Special Services Bureau manages the 911 dispatch center; Fire Department facilities and equipment; capital improvement projects; evaluation and implementation of new technology; employee health and wellness programs; and special projects as assigned. The second Administrative Fire Battalion Chief will provide targeted administrative support, enhancing the effectiveness and reach of the Special Services Bureau.

FINANCIAL SUMMARY
The Agreement is anticipated to generate approximately $602,375 in annual revenue to the Fire Department General Fund - Emergency Communications Division subfund. The additional revenue will allow the department to reduce its General Fund support for this division by $602,375 and reallocate this funding to the Special Services Bureau in order to support establishing the recommended Administrative Fire Battalion Chief. The cost of this position, including salary and benefits, is approximately $592,721.

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City of Stockton
Legislation Text
File #: 26-0883, Version: 1

APPROVAL OF MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF STOCKTON

AND THE WATER SUPERVISORY UNIT

RECOMMENDATION
It is recommended that the City Council adopt by resolution the attached successor Memorandum of Understanding (MOU) with the Water Supervisory Unit effective July 1, 2026, through June 30, 2029.

It is further recommended that the City Manager be authorized to take any appropriate and necessary actions to carry out the purpose and intent of the resolution, including implementation and funding of the successor MOU.

Summary
In March 2026, City representatives began negotiations with the Water Supervisory Unit for a successor MOU, as the contract was set to expire on June 30, 2026. Following a series of bargaining sessions, the City and the Water Supervisory Unit successfully reached an agreement on the terms of a successor MOU. The proposed successor MOU includes a three-year term and provides for cost -of-living and market salary adjustments, the addition of salary steps to the bargaining unit salary schedule, increased City contributions toward health insurance premiums, and cleanup language.

The successor MOU for Water Supervisory Unit is intended to ensure that the City maintains a competitive compensation structure that supports the recruitment and retention of qualified employees while promoting internal equity and fiscal responsibility.

DISCUSSION
Background
The Water Supervisory Unit represents supervisory employees assigned to the City’s Municipal Utilities Department. In 2023, the City entered into a three (3) year contract term with the unit. Under this agreement, bargaining unit members received a four percent (4%) cost of living adjustment (COLA) effective the first full pay period following ratification, a three percent (3%) COLA effective July 1, 2024, a three percent (3%) COLA effective July 1, 2025, market adjustments for classifications that were more than ten percent (10%) below median of market effective July 1, 2024 and July 1, 2025, two (2) lump sum payments of two thousand dollars ($2,000) paid out on July 1, 2024 and July 1, 2025, a one-time payment in the amount of four hundred and fifty dollars ($450), and a two percent (2%) increase to the City’s health contribution for each year of the contract.

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In March 2026, City representatives began negotiations with the Water Supervisory Unit for a successor MOU. On July 29, 2026, the City reached a tentative agreement on a successor MOU with the Water Supervisory Unit. On August 6, 2026, the City was notified that the unit’s members had ratified the tentative agreement.

Present Situation
The relevant amendments under the successor MOU for the Water Supervisory Unit are summarized as follows:

1. MOU contract term for three (3) years effective July 1, 2026, through June 30, 2029 (MOU Section 18).

2. COLAs to base pay consisting of a two percent (2%) COLA effective August 23, 2026, a two percent (2%) COLA effective June 27, 2027, and a two percent (2%) COLA effective June 25, 2028 (MOU Section 14).

3. Market Adjustments in alignment with the results of a mutually agreed-upon salary study. (MOU Appendix A).

4. Salary Step Plan. Adds salary steps 7, 8, and 9 to the salary schedule. There will be two and a half percent (2.5%) between steps seven (7) through nine (9) (MOU Section 14).

5. City Health Contribution. Four percent (4%) increase to the City’s health insurance premium contribution effective January 1, 2027, two percent (2%) increase effective January 1, 2028, and two percent (2%) increase effective January 1, 2029 (MOU Section 13).

6. Safety Protective Footwear. Offers a fifty dollar ($50) increase for eligible employees, increasing payment from two hundred fifty dollars ($250.00) to three hundred dollars ($300.00) per fiscal year (MOU Section 12.4).

7. Vacation Sellback. Allows a vacation cash payment option/sell-back of up to thirty (30) hours of vacation each calendar year (MOU Section 8).

8. Vacation Accrual. Converts vacation accrual amounts from annual to per pay period amounts.

This change reflects how vacation accruals are earned (MOU Section 8).

9. Standby Pay. Increases standby pay from three dollars ($3.00) per hour to four dollars ($4.00) per hour and includes additional language clean-up. (MOU Section 10).

10.Holidays. Converts the Cesar Chavez and the Birthday holidays into two floating holidays that can be used throughout the calendar year. Upon separation, any accrued and unused floating holiday hours will be cashed out at the employee’s current straight rate of pay. Additionally, it changes “Columbus Day” to “Indigenous Peoples Day” (MOU Section 11).

11.Overtime Eligibility. Adds that vacation is counted as time worked for overtime purposes.

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referring to the pay structure of employees who are not regularly scheduled to work holidays (MOU Section 10).

12.Compensatory Time Off. Clarifies that Compensatory Time Off will be paid out at the employee’s regular rate of pay (MOU Section 10).

13.Rates of Pay. Provides clarification of the definition of pay rates to include base rate, straight time rate, and regular rate (MOU Appendix C).

14.Elimination of language that is duplicative, obsolete, or already governed by City policies or applicable federal and state laws for: non-discrimination, FLSA, safety, longevity pay, call-back pay, bi-weekly pay period, one time payment, and GPS. These provisions remain fully enforceable and applicable to employees regardless of whether they are specifically referenced in the MOU.

The proposed compensation plan has been reviewed by the Administrative Services Department to ensure consistency with the City's compensation strategy and available budget appropriations.

FINANCIAL SUMMARY
COLA & Market Adjustments
The total three-year cost for cost of living and market adjustments for the Water Supervisors unit is approximately $295,124. These increases will be allocated to the Water, Wastewater, and Stormwater funds.

BASE WAGE INCREASES
UNIT # of PositionsFY 2026-27 FY 2027-28 FY 2028-29 Total WATER SUPERVISORS16 $182,494 $55,758 $56,873 $295,124
Additional salary steps 7-9
Three additional step ranges are also proposed for the unit salary schedule. The impact of this adjustment is a three-year cost of approximately $319,047.

ADDITIONAL STEP RANGES 7-9
UNIT # of PositionsFY 2026-27 FY 2027-28 FY 2028-29 Total WATER SUPERVISORS16 $44,488 $104,637 $169,922 $319,047
Health Insurance
The cost for health contribution increases of 4%, 2% and 2% are approximately $37,000 over the three-year contract period.

HEALTH INCREASES
UNIT # of PositionsFY 2026-27 FY 2027-28 FY 2028-29 Total WATER SUPERVISORS16 $12,096 $12,338 $12,585 $37,019
Safety Protective Footwear Reimbursement
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over three years.

SAFETY FOOTWEAR
UNIT # of PositionsFY 2026-27 FY 2027-28 FY 2028-29 Total WATER SUPERVISORS16 $800 $800 $800 $2,400
The total three-year cost of this agreement is approximately $653,590. First-year implementation costs are approximately $239,878, with additional costs of $173,533 in the 2nd year and an increase in costs of $240,180 in the final year of the agreement.

TOTAL BY BARGAINING UNIT
UNIT # of PositionsFY 2026-27 FY 2027-28 FY 2028-29 Total WATER SUPERVISORS16 $239,878 $173,533 $240,180 $653,590 Attachment A - Water Supervisory Unit MOU - Redline
Attachment B - Water Supervisory Unit Costing Table
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CITY OF STOCKTON

MEMORANDUM OF UNDERSTANDING

WATER SUPERVISORY UNIT

MUNICIPAL UTILITIES DEPARTMENT
Operating Engineers' Local 3, AFL-CIO and representatives of the City of Stockton have met and conferred in good faith regarding wages, hours and other terms and conditions of employment of employees in the representation unit identified in section 1, have exchanged freely information, opinions and proposals , and have endeavored to reach agreement on all matters relating to the employment conditions and employer-employee relations of such employees.

This Memorandum of Understanding (MOU) is entered into pursuant to the Meyer s- Milias-Brown Act (Government Code sections 3500-3510) and has been jointly prepared by the parties.

This MOU shall be presented to the Stockton City Council as the joint recommendations of the undersigned for salary and benefit adjustments for the period commencing July 1, 20232026 and ending June 30, 20262029.

ATTACHMENT A
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WATER SUPERVISORY UNIT SUCCESSOR MOU
Term: July 1, 20232026 – June 30, 20262029

CITY OF STOCKTON 1

TABLE OF CONTENTS

Section 1. Recognition ................................................................................................... 2 Section 2. Union Rights .................................................................................................. 2 Section 3. Probation ....................................................................................................... 5 Section 4. Layoff ........................................................................................................... 76 Section 5. Reemployment ............................................................................................... 9 Section 6. Discipline .................................................................................................... 109 Section 7. Grievance Procedures ................................................................................. 11 Section 8. Leaves ......................................................................................................... 14 Section 9. Days and Hours of Work ......................................................................... 2422 Section 10. Overtime ................................................................................................ 2523 Section 11. Holidays ................................................................................................. 2826 Section 12. Compensation and Allowance Other Than Base Salary.......................... 3027 Section 13. Insurance Plans and Retirement Benefits ............................................. 3533 Section 14. Salaries ................................................................................................. 4036 Section 15. Severability of Provisions ....................................................................... 4742 Section 16. Past Practices and Existing Memoranda of Understanding ..................... 4742 Section 17. Scope of Agreement ............................................................................... 4742 Section 18. Duration of Agreement .......................................................................... 4742 Section 19. Maintenance of Operations/City Rights ................................................... 4742 Appendix A. Salary Schedule Effective August 23, 2026 ........................................... 045 Appendix B. Side-Letter of Agreement Regarding Transfer of Services..................... 146 Appendix C. Rates of Pay……………………………………………………………………51

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Section 1. Recognition
Operating Engineers' Local 3, AFL -CIO, hereinafter referred to as the "Union," is the recognized employee organization for the Water Supervisory Unit, certified pursuant to Resolution No. 08-0143, adopted by the City Council on April 15, 2008.

Section 2. Union Rights

2.1 Union Membership Dues and Payroll Deductions

(a) In accordance with the Senate Bill (SB) 866, the parties agree to the following process for making, cancelling, or changing payroll deductions for Union membership union dues deductions.

(b) As certified in writing by the Union to the City in a manner consistent with the requirement of (SB) 866 the City will deduct the monthly Union membership dues, initiation fees, general assessments, and payments for membership benefits programs sponsored by the Union from the salary or wages of all bargaining unit employees who voluntarily authorize such deductions, as certified in writing by the Union to the City, and pay such amounts to the Union.

1. All employee requests to cancel or change membership dues deductions shall be directed to the Union.

2. The City shall rely upon written notification from the Union for any and all employee requests to cancel or change payroll deductions for membership dues.

3. The Union is responsible to obtain and maintain voluntary written authorization for membership dues deductions.

4. Membership dues deductions shall automatically renew unless written notice is provided by the authorized representative of the Union certifying a change in membership dues.

5. The City shall honor any changes to membership dues deduction amounts provided by the Union.

6. The Union is not required to provide a copy of individual employee authorizations to the City unless a dispute arises about the existence or terms of the authorization.

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7. Deduction notification will be provided to [email protected]

8. Changes, and/or cancellations, received by the City prior to the 15 th of the month will be processed no later than the first pay period of the second month. Example: The Union notifies the City on January 15th, the deductions will be effective no later than the first full pay period in March. The parties recognize there is a lapse in time due to pay period processing constraints.

The City will make every effort to process earlier if possible.

(c) Hold Harmless Provision

The Union shall indemnify, defend, and hold the City harmless against any claims made and/or any suit against the City which may arise as a result of its deductions for membership dues or other programs sponsored by the Union.

2.2 New Hire Employee Orientation and Information Requirements

(a) In accordance with Assembly Bill (AB) 119, the City shall provide the Union i) not less than ten (10) days’ notice in advance of new hire employee orientation, and ii) within thirty (30) days of hire or by the first pay period of the month following hire a list containing the following information on file from the City’s Human Resources database system.

1. Name;

2. Job title;

3. Department;

4. Work location;

5. Personal cellular telephone numbers, including work and home;

6. Personal email addresses as provided by new hire employee; and

7. Home address.

The above information shall be updated and provided to the Union at least every one-hundred and twenty (120) days for all bargaining unit members.

2.3 Use of City Facilities

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(a) The Union shall be allowed by the department in which it represents employees' use of space on available bulletin boards for communications having to do with official Union business, such as times and places of meetings, provided such use does not interfer e with the needs of the department. The Union may submit to the City Employee Relations Officer written communications having to do with official Union business for distribution by the City to identified Union shop stewards. Distribution may be made by e-mail.

(b) Any representative of the Union shall give notice to the department head or designated representative when contacting department employees on City facilities during the duty period of the employees, provided that solicitation for membership or other inter nal Union business shall be conducted during the non-duty hours of all employees concerned. Pre -arrangement for routine contact may be made with individual department heads and when made shall contin ue until revoked by the department head.

(c) City buildings and other facilities may be made available for use by City Employees of the Union or their representatives in accordance with such administrative procedures as may be established by the City Manager or depart - ment heads concerned.

2.4 Advance Notice

Except in cases of emergency, reasonable advance written notice shall be given to the Union if affected by any ordinance, resolution, rule , or regulation directly relating to matters within the scope of representation proposed to be adopted by the City and shall be given the opportunity to negotiate if requested with the designated management representatives prior to adoption.

In cases of emergency, when the foregoing procedure is not practical or in the best public interest, the City may adopt or put into practice immediately such measures as are required. At the earliest practicable date thereafter , the Union shall be provided with the notice described above and be given an opportunity, if requested, to negotiate changes to said notice with the management representatives designated by the City Manager.

2.5 Attendance at Meetings by Employees

City employees who are official representatives or unit representatives of the Union shall be given reasonable time off with pay to attend meetings with City management representatives, or where matters within the scope of representation

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or grievances are being considered. Such employee representatives shall submit a request for excused absence to their respective department heads, in a manner satisfactory prior to the scheduled meeting whenever possible. Time spent for these purposes wh ile a representative is not scheduled to work shall not be compensated by the City and shall not be considered as hours worked. Except by mutual agreement, the number of the employees excused for such purposes shall not exceed three (3) per recognized bargaining unit.

2.6 Maintenance of Membership

All employees in the Water Supervisory Unit who are members of the Union, tendering periodic dues at the execution of this agreement, and all employees who thereafter become members of the Union shall, as a condition of employment, pay dues to the Union for the duration of this MOU, and each year thereafter. For a period of thirty (30) days prior to January 1, 2009, and thirty (30) days prior to any January 1, thereafter, any employee in the aforementioned unit who is a member of the Union shall have the right to withdraw from the Union discontinuing dues payments and retain employment in the City . Said withdrawal shall be communicated by the employee in writing to the City. The provisions of this section shall be operative only to the extent that they are permissible under California law.

2.7 Assignment of Classifications

New job classifications established by the City shall be assigned to the bargaining unit pursuant to Section 8 (b) of the City ’s Employer -Employee Relations Resolution after providing notice and the opportunity to consult with the Union regarding such matters.

2.8 Contract Ratification

Ratification votes for Contract will be handled on City time during the day.

Section 3. Compliance with Federal Laws/Safety

3.1 Non-Discrimination. The City and the Union agree that there shall be no discrimination of any kind on the basis of age (over 40), race, color, religion (creed), national origin (ancestry), military or veteran status, physical and mental disability, medical condition, genetic information, marital status, sexual orientation, sex (gender based including pregnancy/childbirth, breastfeeding or related medical conditions), gender identity/expression, political affiliation or legitimate union activity or on any other basis prohibited by applicable Federal and State law against any employee or applicant for employment.

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3.2 Fair Labor Standards Act. The Union agrees to cooperate with the City to insure its members ’ compliance with the provisions of the Fair Labor Standards Act (FLSA).

3.3 Safety. The Union shall cooperate with the City in promoting safety objectives as defined in Federal, State , and local regulations by actively supporting safety programs, promoting safe work habits of members , and encouraging an ongoing, active participation by its members in safety-related procedures and practices as offered and promulgated by the City of Stockton.

Section 34. Probation

34.1 Purpose

The probationary period shall be utilized for closely observing the employee ’s work, for securing the most effective adjustment of a new employee to a position, and for rejecting any probationary employee whose performance does not meet the required standards of work.

34.2 Original Entrance and Promotional Positions

All original appointments shall be subject to a probationary period of one (1) year with a review completed after six (6) months from date of original appointment.

Promotional appointments shall be subject to a probationary period of six (6) months. The probationary period for original and promotional appointments will not be extended.

34.3 Retention/Rejection of Probationer

At the end of the probationary period, if the service of the probationary employee has been satisfactory to the appointing authority, the appointing authority shall file with the Director of Human Resources a statement in writing to such effect and stating that the retention of such employee in the service is desired. The City will make a good faith effort to notify a probationary employee two (2) weeks before the end of the probationary period whether or no t regular status is granted; however, a failure on the part of the appointing authority to file such a statement at the end of the probationary period shall not constitute a rejection of the probationer as defined in Civil Service Rules.

During the probationary period an employee may be rejected at any time by the appointing authority. Any employee rejected during the probationary period following a promotional appointment, shall be reinstated to the position from which promoted unless charges are filed and the employee is discharged in the manner

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provided in section 67 of this MOU and in the Civil Service Ordinance and Civil Service Rules, which are consistent therewith.

34.4 Alcohol and Drug Testing.

All employees hired into original and reemployed appointments in safety-sensitive positions identified by the City must pass a drug and alcohol screen ing prior to being offered City employment due to positions requiring a commer cial driver’s license or hazardous material certification. This shall include non-represented part- time, seasonal, provisional, and temporary appointments.

Section 45. Layoff

45.1 Layoff

Any employee may be laid off by an appointing authority in the event of the abolition of the employee’s position by the City Council, or if a shortage of work or funds requires a reduction in personnel.

45.2 Layoff Scope

(a) Layoffs shall be within departments of the City.

(b) Departments of the City are defined as follows:

(1) Administrative Services
(2) City Attorney
(3) City Auditor
(4) City Clerk
(5) City Manager
(6) Community Development
(7) Community Services
(8) Economic Development
(9) Fire
(10) Human Resources
(11) Information Technology
(12) Municipal Utilities
(13) Police
(14) Public Works

45.3 Notice of Layoff

The City will give advance written notice of at least one (1) pay period to employees

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who will be laid off.

45.4 Precedence by Employment Status

(a) No regular status employees shall be laid off while employees working in an extra help, seasonal, temporary, provisional, or probationary status are retained in the same classification as such regular status employee. The order of layoff among employees not having regular status shall be according to the following categories:

(1) extra help or seasonal
(2) provisional
(3) temporary
(4) probationary

Layoffs shall be by job classification according to reverse order of seniority as determined by total service in that class , except as specified above. For the purpose of this procedure part-time classes shall be considered as separate from regular full-time classes.

The following provisions shall apply in computing total continuous service:

(1) Time worked in a regular status or probationary
status shall count as service.
(2) Time spent on military leave shall count as
service in the event the leave was taken
subsequent to entry.
(3) Time worked in an extra help, seasonal,
provisional, temporary, grant or other limited
term status shall not count as service.

If two (2) or more employees have the same seniority, the order of seniority shall be determined by their respective ranking on the eligibility list for hire.

If two (2) or more employees have the same seniority, but were not hired from a ranked eligibility list, the order of seniority shall be determined by lot.

If two (2) or more employees have the same seniority, but were hired from separate ranked eligibility lists, the order of seniority shall be determined by lot.

(b) Any employee in the Water Supervisory Unit who is laid off may complete a City employment application for any position currently staffed by a part time,

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provisional, or temporary employee. The Human Resources Department will evaluate the employment application. If the laid off employee meets the minimum qualifications of that position, they shall have the option of displacing the part time, provisional, or temporary employee.

45.5 Employee Options

Employees laid off shall have any of the following choices:

(a) Displacing the employee in the same department and in the same or clearly comparable classification as determined by the Director of Human Resources as having the least seniority in that classification. This option shall be exercised before any other option.

(b) Taking a voluntary demotion within the department to a classification in which the employee had prior regular status, thus displacing the employee working in the classification who has the least seniority in that classification.

45.6 Health and Welfare Benefits during Layoff

Regular status employees who are laid off will have an option of maintaining their existing health and welfare benefits for thirty -six (36) months from the date of layoff, provided timely payments of the premiums by the employee are made to the City, according to City regulations, and provided the employee otherwise meets the requirements of Federal and State regulations.

Section 56. Reemployment
(a) The name of each employee who is laid o ff in accordance with section 45 shall be placed at the head of the eligibility list for the class of positions which that employee held, and shall be given preference in filling vacancies in that class.

(b) An employee laid off in accordance with this section shall be placed on the eligibility list or lists for any lower or comparable class or classes in the same department, provided that the appointing authority and the department head in charge of this lower or comparable class determine that the employee is competent to perform the duties thereof in strict accordance with the class specifications. This right of a laid off employee shall remain effective for two (2) years from the date of latest separation from the service. The employee shall not be p laced on said eligibility list or lists without first submitting a written request. Employee’s place on said list or lists shall be at the head of the eligibility list for the class of positions for which qualified as hereinabove set forth and shall be given preference in filling vacancies except for those persons placed on said list or lists of re employment in

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the same positions previously held. An employee who waives reemployment to a full time position three (3) times shall have their name removed from this reemployment list unless mutually agreed to by the Department and employee.

Upon certification for appointment to a new position never having been held by this employee, the probationary period must be completed as required in this MOU.

Section 67. Discipline
Disciplinary action, including discharge, suspension, reduction in pay or demotion, may be taken against any employee for cause.

Expungement of records will be considered in accordance with the City’s Progressive Discipline Policy, HR-08. Memorandums of Discussion or Correction maintained in Department files may be requested to be removed, subject to the Department Head’s approval.

67.1 Pre-disciplinary Rights

An employee facing potential disciplinary action will be entitled to the following pre- disciplinary rights:

(a) Notice of proposed discipline.

(b) Date(s) proposed discipline will be effective.

(c) Reasons for the proposed discipline, the specific grounds and particular facts upon which the action is taken.

(d) Ten (10) calendar days in which an employee or the representative may respond either orally or in writing to the department head.

(e) The employee must be provided with any written materials, reports and documents upon which the action is based.

67.2 Administrative Leave

The City may place an employee on administrative leave with pay pending the completion of the pre-disciplinary process.

67.3 Provisions

The appointing authority may discharge, suspend, or demote any employee in the classified service provided the Stockton Municipal Code provisions and the rules and regulations of the Civil Service Commission and any applicable provisions of

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law are followed. Such provisions allow the employee suspended, demoted or discharged to appeal such action. The employee may take only one (1) of the following actions:

(a) File no appeal.

(b) File an appeal with the Civil Service Commission within ten (10) calendar days of written notification of the action. (Such filing will foreclose use of the grievance procedure.)

(c) File a grievance as provided for in section 78 within ten (10) calendar days of written notification of the action.

If the employee fails to do (b) or (c) above within the prescribed time frames, these rights will have been waived.

Section 78. Grievance Procedures

78.1 Definition

A grievance is any dispute which involves the interpretation or application of those rules, regulations and resolutions which have been, or may hereafter be, adopted by the City Council to govern personnel practices and working conditions, including such rules, regulations and resolutions as may be adopted by either the City Council or the Civil Service Commission to affect Memoranda of Understanding which result from the meeting and conferring process.

78.2 Filing Deadline

(a) No grievance involving demotion, suspension, discharge or other employment penalty will be entertained unless it is filed in writing with the Director of Human Resources within ten (10) calendar days of the time at which the affected employee received written notification of such action. All other grievances must be filed within thirty (30) calendar days from the time the employee knew or had reason to know of the facts giving rise to the grievance.

(b) With written consent of the Director of Human Resources or their designee and the Union Business Agent or their designee, time limits may be extended and/or Steps 1, 2 and/or 3 of the Grievance Procedure waived.

78.3 Grievance Processing

(a) Step 1 - Departmental Review. Any employee claiming to have a grievance

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may discuss the complaint with such management official in the department where employed as the department head may designate. If the issue is not resolved within the department within twenty (20) working days from the day of presentation or if the employee elects to submit the grievance directly to the Union recognized as the representative of that employee's classification, or if the employee/Union official notifies the Director of Human Resources, in writing, that a grievance exists, the procedure hereinafter specified may be invoked.

(b) Step 2 - Director of Human Resources Review. If the employee is not satisfied with the response at Step one (1), then the employee may appeal the grievance to the Director of Human Resources within twenty (20) calendar days of the receipt of written response at Step one (1). Such appeal must state with particularity: 1) the specific policy, rule, or provision which is alleged to have been violated; 2) the statement of facts comprising the violation; and 3) the requested remedy. The Union may file and process grievance(s) on behalf of the specifically named employee. The Director of Human Resources shall have twenty (20) working days (in which the Human Resources Office is open) to investigate the issues, meet with the complainant , and attempt to reach a satisfactory resolu tion of the problem. No grievance may be processed under the following two (2) paragraphs which has not first been filed and investigated in accordance with this paragraph, except for the resolution of compensation complaints.

(c) Step 3 - Arbitration. If the parties are unable to reach a mutually satisfactory accord on the grievance at Step two (2) within twenty (20) calendar days either the Union or the City may require that the grievance be referred to an impartial arbitrator mutually selected by the parties, or if the parties are unable to mutually agree, from a list of seven (7) arbitrators provided by the State Conciliation Service.

The arbitrator shall be chosen by the alternative strike method, with first choice being determined by lot. The fees and expenses of the arbitrator and of a court reporter shall be shared equally by both parties. Each party, however, shall bear the cost of its own presentation, including preparation and post hearing briefs, if any.

(d) Effect of Decision. Decisions of arbitrators on matters properly before them shall be final and binding on the parties hereto except as provided otherwise herein.

78.4 Scope of Arbitration

(a) No arbitrator shall entertain, hear, decide or make recommendations on any dispute unless such dispute involves a position in a unit represented by the Union and unless such dispute falls within the defini tion of a grievance as set forth in

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section 78.1.

(b) Proposals to add to or change this MOU or written agreements or addenda supplementary hereto shall not be arbitrable and no proposal to modify, amend or terminate this MOU, nor any matter or subject arising out of or in connection with such proposal, may be referred to arbitration under this section. No arbitrator selected pursuant to this section shall have the power to amend or modify this MOU or written agreements or addenda supplementary hereto or to establish any new terms or conditions of employment.

No changes in this MOU or interpretations thereof (except interpretations resulting from arbitration proceedings hereunder) will be recognized unless agreed to by the Director of Human Resources and the Union.

78.5 Other Provisions

If the Director of Human Resources or City Manager, in pursuance of the procedures outlined above, resolve a grievance which involve s suspension or discharge, they may agree to payment for lost time or to reinstatement with or without payment for lost time, but in the event the dispute is referred to arbitration and the arbitrator finds that the City had cause to take the action complained of, the arbitrator may not substitute their judgment for the judgment of management and if the findings are that the City had such right, the arbitrator may not order reinstatement and may not assess any penalty upon the City.

Complaints which allege the employee is not being compensated in accordance with the provisions of this MOU shall be considered as grievances and processed pursuant to section 78.3. Any other matters of compensation are to be resolved in the meeting and conferring process and if not detailed in the MOU which results from such meeting and conferring process shall be deemed withdrawn until the meeting and conferring process is next open for such decision. No adjustment shall be retroactive for more than one-hundred and eighty (180) calendar days from the date upon which the complaint was filed.

Specified time limits may be modified only in writing. All appeals and responses must be provided in writing.

A grievant will be provided release time without loss of pay for all required meetings with management. The City cannot discriminate or retaliate in any manner against an employee for filing a grievance or exercising rights under this Section.

The provisions of this section shall not abridge any rights to which an employee

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may be entitled under the Stockton Municipal Code and/or Civil Service Rules and Regulations, nor shall it be administered in a manner which would abrogate any power which, under the Stockton Municipal Code, may be within the sole province and discretion of the Civil Service Commission.

All grievances of employees in units represented by the Union shall be processed under this section. If the Stockton Municipal Code and/or the Civil Service Rules and Regulations requires that a differing option be available to the employee, no action under paragraph (c) of subsection 78.3 above shall be taken unless it is determined that the employee is not utilizing such option.

No action under paragraph (c) of subsection 78.3 above shall be taken if action on the complaint or grievance has been taken by the Civil Service Commission or if the complaint or grievance is pending before the Civil Service Commission.

If any award by an arbitrator requires action by the City Council or the Civil Service Commission before it can be placed in effect, the City Manager and the Director of Human Resources will recommend to the City Council or the Civil Service Commission, as appropriate, that it follow such award.

Section 89. Leaves

9.1 8.1 Vacation Leaves

All regular status employees, excluding provisional , temporary, and part -time employees, shallEmployees accrue vacation leave per pay period with pay in accordance with the following schedules:

(a) Vacation- FLSA Non-Exempt employees shall accrue vacation leave with pay in accordance with the following schedule:

(1) Less than one and one-half (1-1/2) years continuous employment 80 hours/year.

(2) After one and one -half (1 -1/2) to seven and one -half (7 -1/2) years continuous employment 108 hours/year.

(3) After seven and one -half (7 -1/2) to fifteen (15) years continuous employment 144 hours/year.

(4) After fifteen (15) to twenty-five (25) years continuous employment 189 hours/year.

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(5) Thereafter, seven (7) additional hours for each completed year of service in excess of twenty-five (25) years.

(6) Employees shall accrue vacation on a per pay period basis.FLSA Non- Exempt Employees

Months of Continuous Service Hours Per Pay Period
Less than eighteen (18) 3.08
Eighteen (18) or more but less than ninety
(90)

4.15 Ninety (90) or more but less than 180 5.54
180 or more but less than 300 7.27
More than 300
Additional .27 hours for each
additional year of completed
service in excess of 25 years

(b) FLSA N on-Exempt Employees Maximum Vacation Accrual .

Employees reaching the maximum hours willshall stop accruing additional hours until they are below the caps listed below. No vacation hours maybe added to sick leave and balances.

Maximum Vacation Accrual Caps.

40 hour employee
Under 1.5 yrs 120 hours (15 days)

1.5-7.5 yrs 240 hours (30 days)

7.5-15 yrs 280 hours (35 days)
15-25 yrs 320 hours (40 days)
26 yrs 328 hours (41 days)
27 yrs 336 hours (42 days)
28 yrs 344 hours (43 days)
29 yrs 352 hours (44 days)

For every year of service beyond twenty-nine (29), the employee is allowed to add an additional seven (7) hours to the maximum accrual cap.

(c) Vacation-FLSA Exempt employees shall accrue vacation leave with pay in accordance with the following schedule:
(1) Less than 1-1/2 years continuous employment 120 hours/year (2) After 1-1/2 years up to 7 1/2 years 148 hours/year (3) After 7-1/2 years up to 15 years 188 hours/year

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(4) After 15 years up to 25 years 229 hours/year (5) Seven (7) additional hours for each completed year of service in excess of twenty-five (25) years.
(6) Employees shall accrue vacation on a per pay period payroll basis.FLSA Exempt Employees

Months of Continuous Service Hours Per Pay Period
Less than eighteen (18) 4.62
Eighteen (18) or more but less than ninety
(90)

5.69 Ninety (90) or more but less than 180 7.23
180 or more but less than 300 8.81
More than 300
Additional .27 hours for each
additional year of completed
service in excess of 25 years

(d) FLSA Exempt Employees Maximum Vacation Accrual. Employees reaching the maximum hours willshall stop accruing additional hours until they are below the caps listed here. No vacation hours may be added to sick leave balances.

The maximum number of vacation hours that FLSA exempt employees shall accrue are as follows:

Maximum Vacation Accrual Caps

40 hour employee
Under 1.5 years 200 hours

1.5 – 7.5 years 320 hours

7.5 – 15 years 360 hours
15 – 25 years 400 hours
25 years 408 hours
26 years 416 hours
27 years 424 hours
28 years plus 7 hours each additional year

(e) Vacation Sellback.

During the month of December, employees may make an irrevocable election to cash out up to thirty (30) hours of vacation leave for the succeeding calendar year. Employees that cash out a portion of their vacation accrual will be paid on the first check in December of the following

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calendar year. Payments are subject to all applicable payroll taxes and withholding.

An employee may elect to receive cash payment for up to a maximum of forty (40) hours of accumulated vacation hours annually except that all cash outs shall be suspended during furlough or fiscal emergency periods, however, effective for FY 2023/2024 and 2024/2025 only, an employee may elect to receive a cash payment for a maximum of forty (40) hours of their unused accumulated vacation balance after the use of a scheduled vacation of forty (40) consecutive hours or more in that same or prior fiscal year. To utilize this option, employees must maintain a balance of forty (40) accrued vacation hours after the cash payment. When in effect, this option may be exercised once per fiscal year. Employees may elect this option by December 31 of each year for the cash out the following calendar year. The cash out election is irrevocable and the City will follow IRS regulations regarding cash payment of leave.

(f) Vacation Cash Out Upon Separation.

An eligible employee separating from City service for any reason who has unused vacation time shall be paid for such vacation time up to the effective date of the last day of employment with the City. Payment for unused vacation shall be made at the finalstraight time rate of pay. Payment for the unused vacation hours shall be paid post separation date at no later than the second regularly scheduled pay period pay date following separation.

Prior to separation from City service, the City does not provide to employees any vacation cash out or sell back for accrued but unused vacation hours.

(g) Vacation Scheduling.

Vacation leaves will be scheduled so that they will not interfere with the normal operation of the City’s business and with due consideration for the wishes of the employee. Each division will prepare its vacation schedule and distribute to all employees within the unit.

89.2 Sick Leave

(a) Accrual. All regular status full-time employees , except provisional , and temporary employees, shall accrue sick leave at the rate of eight (8) hours for each month of completed service.

All regular status employees, except provisional , and temporary employees, scheduled to work less than a full month shall accrue sick leave on a prorated basis. Unused sick leave shall accrue from year to year. Employees shall continue to accrue sick leave while off duty on authorized sick leave; provided, however, an

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employee shall not accrue sick leave during any leave or leaves of absence without pay granted to the employee.

(b) Usage. Employees are entitled to sick leave pay for those days which the employee would normally have worked, to a maximum of the hours accrued, described as:

Preventive medical, dental, optical care, illness, injury or exposure to contagious disease which incapacitates the employee from performing normal work duties.

This includes disabilities caused or contributed by pregnancy, miscarriage, abortion, childbirth and recovery therefrom.

(c) Family Sick Leave . Employees may utilize up to one -half (1/2) of their annual sick leave accrual in the case of illness or injury in the employee's immediate family when such illness or injury requires personal care.

Such leave shall be restricted to the employee's parents, spouse, mother -in-law, father-in-law, child, stepchild, brother, sister, brother -in-law, sister -in-law, grandparent, grandchild, legal depend ent, registered domestic partner , and “designated person.” For purposes of paid sick leave, a “designated person” means “a person identified by the employee at the time the employee requests paid sick leave.” An employee may select one person as a “designated person” in a twelve (12) month period.

In special cases, with the approval of the Director of Human Resources, a department head may grant the use of sick leave in other circumstances.

It is not the intent of this provision to conflict with any state or federally mandated policies, such as the Family Medical Leave Act (FMLA), the California Family Rights Act (CFRA), or Pregnancy Disability Leave (PDL).

(d) Reporting Procedures for Sick Leave. When the requirement for sick leave is known to the employee in advance of the absence (for example, including but not limited to scheduled medical, dental or vision appointments), the employee shall request authorization for such sick leave from the de partment head prior to such absence. In all other instances, the employee shall notify their supervisor as promptly as possible of his/her absence.

(e) Verification Procedures

(1) Before being paid for the use of accrued sick leave, the employee shall submit a signed statement to the department head, on a prescribed

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form, stating the dates and hours of absence, the exact reason, and such other information as is necessary for the request to be evaluated. If an employee doesn't return to work prior to the preparation of the payroll, other arrangements may be made with the department head.

(2) Doctor's Certificate or Other Proof . The employee’s department head may require a doctor’s certificate or other reasonable proof of illness as they deem necessary in order for an employee to receive an excused absence from work and sick leave pay. The employee shall be given notice prior to returning to work that they will be required to provide such documentation. Employees who have unscheduled absences due to illness on a scheduled work day preceding or following a holiday may be required to bring a doctor’s certificate or other reasonable proof of illness in order to receive an excused absence and sick leave pay. If an employee’s illness results in an absence from work for more than three (3) consecutive days, a doctor’s certificate or other reasonable proof of illness may be required.

In addition, the City may moni tor and control the appropriate use of sick leave by employees and if reasonable cause is articulated, can limit use of sick leave and require additional verification.

(f) Use of Sick Leave While on Vacation. An employee who is injured or who becomes ill while on vacation may be paid for sick leave in lieu of vacation provided that the employee:

(1) Was hospitalized during the period for which sick leave is claimed, or

(2) Received medical treatment or diagnosis and presents a statement indicating disabling illness or injury signed by a physician covering the period for which sick leave is claimed.

(g) Payment for Unused Sick Leave for Unit Employees . Effective February 17, 2012, all accumulated or future accruals of sick leave shall have no cash value upon separation of employment and employees shall not be allowed to cash out unused sick leave except as provided below.

(h) CalPERS Service Credit for Unused Sick Leave. Employees shall be eligible for CalPERS service credit for any unused sick leave at retirement not otherwise compensated for in (i) below. Employees hired on or after December 29, 2012 shall not be eligible for this service credit.

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(i) Sick Leave Retention Benefit. If, after subtracting the equivalent of one (1) full year of service credit (2080 hours), which may be applied to CALPERS service credit, any balance remaining upon separation shall be paid as follows to employees who have remained in City service until the dates specified:

(1) Separation prior to July 1, 2014, no payment of unused sick leave at separation shall occur for separating employees before this date;

(2) Separation between July 1, 2014 and June 30, 2015, payment of unused sick leave which the employee held on February 16, 2012 shall be paid at thirty-five percent (35%) of its cash value to separating employees between these dates; and

(3) Separation after July 1, 2015, payment of unused sick leave which the employee held on February 16, 2012 shall be paid at fifty percent (50%) of its cash value to separating employees after this date.

(4) Service credit for unused sick leave shall be in accordance with PERS regulations.

89.3 Other Leaves with Pay

(a) Bereavement Leave. In the event of a death in the immediate family of an employee, the employee shall, upon request , be granted up to three (3) days bereavement leave with pay without charge to their accumulated sick leave. The employee shall, upon request, be granted an additional two (2) days bereavement leave which shall be charged against the employee’s accumulated sick leave or annual leave. For the purposes of this paragraph, the immediate family shall be restricted to the employee’s parents, spouse, mother -in-law, father-in-law, child, stepchild, brother, sister, brother -in-law, sister -in-law, grandparent, grandchild, and registered domestic partner.

In the event of the death of a person not immediately related to an employee as defined above, the employee's department head may grant up to three (3) days bereavement leave, upon request, which shall be charged against the employee's accumulated sick leave or annual leave.

Bereavement Leave will not be counted against the employee under the City’s absence control policy when evaluating the employee’s work performance. If the deceased is the person who is the employee ’s current “designated person” for purposes of family sick leave pursuant to Section 89.2(c), the request to use sick leave or annual leave shall not be unreasonably denied.

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(b) Court Appearance. Upon approval by the department head, an employee, other than a provisional or temporary employee, shall be permitted authorized absence from duty for appearance in Court because of jury service, in obedi ence to subpoena or by direction of proper autho rity, in accordance with the following provisions:

Said absence from duty including necessary travel time, will be for actual hours served on jury duty or testif ying as a witness in a criminal case, other than as a defendant. This shall include the time from when the employee is ordered to appear until the time the employee is released from the court. As a condition of receiving such pay, the employee must remit to the City, through the employee's department head, within fifteen (15) days after receipt, all fees received except those specifically allowed for mileage and expenses.

If an employee is not due to appear for jury duty or as a witness until an afternoon court session, the employee will be expected to work their usual morning schedule.

If an employee is required to appear for a morning court session and is sent home before noon and not required to return in the afternoon, the employee will be expected to work his usual afternoon schedule.

Said absence from duty will be without pay when the employee appears in private litigation to which the City of Stockton is not a party.

Any fees allowed, except for reimbursement of expenses incurred, shall be remitted to the City through the employee's department head.

Notwithstanding the foregoing, attendance in court in connection with an employee's official duties or on behalf of the City of Stockton in connection with a case in which the City of Stockton is a party, together with travel time necessarily involved, shall not be considered absent from duty within the meaning of the section.

(c) Military Leave. An employee of the City who is a member of the National Guard or Naval Militia or a member of the Reserve Corps or Force of the Federal Military, Naval or Marine Service and is ordered to duty shall be granted leave with pay while engaged therein, provided the leave does not exceed thirty (30) days in any calendar year.

All regular status employees in the service of the City shall be allowed leave of absence without pay for duration of a national emergency who have been inducted into the Army, Navy, Marine Corps, Air Force or any other branch of the Military

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Service of the United States or the State of California. Said employees shall be reinstated in the position they held when they were inducted into Military Service, except as hereinafter stated, providing they are physically fit as shown by a medical examination by the City Physician or other physician appointed to make a medical examination.

In the case of a probationary employee having served a minimum probationary period of six (6) months at the time of induction, it shall be optional with the department head and the Director of Human Resources to grant regular status to said employee before induction.

All probationary employees inducted into Military Service not having served the minimum probationary period of six (6) months, or having served the minimum probationary period of six (6) months, but not having received regular status shall be allowed a leave of absence without pay for the duration of a national emergency, but said employees shall be placed at the head of the eligible list for such position in the order of their seniority of employment and when appointed to a vacant position, they must b e physically fit as above specified and shall serve the balance of their probationary period before attaining the status of a regular status employee.

Two (2) or more regular status employees granted a military leave of absence without pay from the same position shall be reemployed according to their seniority of employment providing they are physically fit as above specified.

89.4 Workers' Compensation Leave

(a) Benefits. Workers’ Compensation benefits shall be provided in accordance with State law, whenever an employee is absent from duty because of disability caused by illness or injury which has been declared to be compensable under the Workers’ Compensation Law. An employee on Workers’ Compensation may use accrued leave, if needed, to supplement benefits, up to the amount required to receive a full paycheck.

(b) Forms and Procedures . Workers’ compensation processing shall be consistent with City procedures and in accordance with state workers’ compensation regulations. An employee who sustains a work -related injury or illness shall immediately inform their supervisor no matter how minor an on -the- job injury may appear. An employee who sustains a work -related injury or illness is required to seek medical care at facilities designated by the City unless they have filed a pre -designation of personal physician prior to sustaining the work - related injury or illness. For a list of City designated medical care facilities and/or

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physicians, please contact the Human Resources department.

89.5 Leave of Absence

(a) Entitlement. Employees shall not be entitled to a leave of absence as a matter of right, but only in accordance with the provisions of law and the City of Stockton Municipal Code. Unless otherwise provided, the granting of a leave of absence also grants to the employee the right to return to a position i n the same classification or equivalent classification, as the employee held at the time the leave was granted. Leaves of absence are subject to eligibility in accordance with state and federal guidelines. The granting of any leave of absence shall be based on the presumption that the employee intends to return to work upon the expiration of the leave.

(b) Approval. All leaves of absence without pay must be pre -approved by the department head and filed with the Human Resources Department. No such leave may extend beyond twelve (12) months, except in the case of absence due to job incurred disability where a determination may be made based upon the needs of public service, or in the event an application for service connected disability retirement has been filed.

(c) All leaves without pay must be recommended by the department head and approved by the Director of Human Resources. Leaves of absence approved in accordance with state and federal guidelines may be taken without pay for illness following the exhaustion of accrued sick, vacation, and other accrued leave hours.

(d) City payment of premium shall end on the last day of the month in which the employee was paid except that employees on an authorized leave of absence may continue enrollment in the City health and dental insurance plan by prepayment of the monthly premium during the authorized leave of absence.

(e) Authorized absence without pay which exceeds thirty (30) consecutive calendar days, except military leave, shall not be included in determining salary adjustment rights, based on length of employment. Periods of time during which an employee is required to be absent from their position by reason of an injury or disease for which they are entitled to and currently receiving Workers' Compensation benefits shall be included in computing length of service for the purpose of determining that employee's salary adjustment.

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89.6 Absence Without Official Leave (AWOL)

(a) Failure to Report to Duty or Failure to Return after Leave. Failure to report for duty or failure to report for duty after a leave of absence request has been disapproved, revoked, or canceled, or at the expiration of a leave, shall be considered an absence without official leave and shall be subject to discipline.

(b) Voluntary Resignation. Any employee absent without official leave for two (2) or more consecutive scheduled days without a satisfactory explanation as approved by the Director of Human Resources shall be deemed to have voluntarily resigned from the City of Stockton. An employee must provide a written statement to the Human Resources Department regarding a "satisfactory explanation", within ten (10) calendar days after the City mails a notice of voluntary resignation to the employee's last known address.

9.7 8.7 Parental/Adoption/Pregnancy Leave

Family medical leaves shall be in accordance with the Family Medical Leave Act (“FMLA”) of 1993, the California Family Rights Act (“CFRA”), or Pregnancy Disability Leave (“PDL”), and/or other applicable state and federal laws.

Section 910. Days and Hours of Work
910.1 Workweek

The forty (40)-hour workweek shall be from Sunday at midnight through the following Saturday at midnight. The 9/80 workweek shall be from Friday at middle of regular shift through the following Friday at middle of regular shift.

910.2 Meal Periods and Rest Periods

(a) Employees shall receive a one (1) hour or one -half (1/2) hour meal period, without pay, each day and a fifteen (15) minute paid rest period during the first half of the work day and a second fifteen (15) minute paid rest period during the second half of the work day.

(b) Where operational requirements of a department require deviations from this schedule, meal periods of other durations and alternate rest periods may be instituted with the approval of the Department Head or Designee.

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Section 1011. Overtime
1011.1 Overtime Authorization

All compensable overtime m ust be authorized by the depart ment head or their designated representative in advance of being worked. If prior authorization is not feasible because of emergency conditions, a confirming authorization must be made on the next regular working day following the date on which the overtime was worked.

1011.2 Definition

The following provisions pertaining to authorized or statutorily required overtime work shall apply to non- FLSA exempt employees:

(a) Statutory overtime shall be paid on actual time worked in excess of forty (40) hours in any seven (7) day FLSA workweek. Such overtime sh all be paid for at timeone and one -half (1 -1/2) times the employee’s regular rate of pay including employees employed on a per hour or per day basis or except as provided elsewhere herein . Observed holidays , floating holidays, jury duty leave, bereavement leave, vacation, and sick leave hours taken shall beare considered as time worked for overtime calculation purposes . Vacation, or other compensated time off shall not be considered as actual time worked.

(b) On a holiday observed by the City an employee who is not regularly scheduled to work holidays shall be paid for a regular work day (pursuant to holiday benefit under section 12) plus time and one-half (1-1/2) for actual time worked including employees employed on a per hour or per day basis, or except as provided elsewhere herein.

(c)(b) The City may require mandatory overtime when operational needs of the City dictates the need to work such overtime. Work in excess of forty (40) hours worked as defined in (a) above in any workweek that qualifies for overtime will be paid or taken as Compensatory Time-off (CTO) in accordance with section 1011.5(b).

(d)(c) Temporary Upgrade Pay.

Employees who are not FLSA exempt and are assigned to work overtime in a position or classification other than the position or classification to which they are permanently appointed to, will be paid overtime at the hourly rate attached to the position or classification in which they are performing such overtime work.

1011.3 Standby DutyPay

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When warranted and in the interest of City operation, department heads or designee may assign employees to "standby" status.

(a) Application of "standby" shall be as follows:

(1) Each employee so assigned to "standby" shall be provided with a communication device while on standby and shall be able to report to the work site with best efforts within thirty (30) minutes; in no event longer than forty-five (45) minutes.

(2) Employees on standby shall have the option to trade hours of standby status with another qualified employee in the same unit or division with departmental approval.

(3) Standby shall be assigned in a minimum of eight (8) hours.

Standby for weekends i.e., Saturday, Sunday or extended holiday weekends (Friday – Sunday, or Saturday – Monday) will be assigned eight (8) – forty-eight ( 48) hour blocks to one (1) person per weekend (up to seventy-two (72) hours for holiday weekend).

(b) Compensation of "standby" shall be as follows:

(1) Employees assigned to standby duty shall be paid threefour dollars ($3.00$4.00) per hour, while assigned to be on standby. An employee shall earn time and one -half (1 -1/2) for all actual time worked while on standby duty status only if eligible for overtime as defined in section 11.2 above. An employee shall not continue to receive the “standby” premium during actual time worked, or for any hours paid as overtime or call back. Standby is not considered as time in “paid status because of work performed”worked for purposes of calculating overtime.

1011.4 Call Back

Employees who are called back to physically return to work from off duty status, shall be compensated for a minimum of two (2) hours and forty -five (45) minutes of pay at time and one-half (1-1/2) or actual time worked at time and one -half (1- 1/2) if eligible for overtime as defined in Section 11.2, above, whichever is greater.

When authorized by the department, employees who are contacted and who

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provide remote support via telephone, internet, or network connection will be paid time and one-half (1-1/2) for time worked in fifteen (15) minute intervals, if eligible for overtime as defined in section 11.2 above. Intervals cannot be compounded or overlapped.

To be eligible for call-back pay, all of the following conditions must be met:

(a) The call -back must occur outside of the employee’s regular work hours; including overtime.

(b) The call-back time worked must not be contiguous to the employee’s regular work hours; including overtime.

(c) An employee is ineligible to receive a premium for both standby and call back. For example, employees shall not receive standby pay for hours in which they are paid overtime or call back pay.

1011.5 Compensatory Time Off (CTO)

(a) Definition. As used in this section, the term Compensatory TimeCTO refers to that time which an employee is entitled to be absent from duty with pay for hours worked in addition to or excess of their normal work schedule.

(b) Accrual. For hours worked in excess of forty (40) hours in a seven (7) day work period as defined in section 1011.2(a), CTOompensatory Time shall be earned at the rate of time and one-half (1-1/2).

(c) Use. Use of C TOompensatory Time shall be scheduled with the due consideration for the wishes of the employee and so as to not interfere with the normal operation of City business. Approval of request for use of CTOompensatory Time shall be at the sole discretion of the department head, but once approved, cannot be changed unless an emergency situation arises.

(d) Payment. Once one hundred (100) hours of C TOompensatory Time is accrued on the books, all other hours worked in excess of forty (40) hours in a seven (7) day work period will automatically be paid at the employee’s regular rate of pay. At the end of each calendar year, all CTOompensatory Time will be carried forward (forty (40) hours maximum), unless the employee elects to have the compensatory balance paid. Carryover CTOompensatory Time cannot exceed the forty (40) hours maximum.

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Any CTOompensatory Time balance in excess of forty (40) hours remaining at the end of the calendar year will automatically be paid unless the employee submits the Compensatory Time Deferral form to Payroll by November 1st. In order for the employee to be eligible for this option, they must have at least one (1) pre - approved scheduled day off in December. If the employee is unable to take days off as planned in December, the payout will occur in January.

1011.6 Meal Allowance

The City shall provide a meal allowance of fifteen dollars ($15.00) for an employee who is held over and works a minimum of four (4) hours. Employees called back to work or called back from a day off with less than two (2) hours’ notice shall qualify for the fifteen dollar ($15.00) meal allowance when they work a minimum of four (4) hours. Extension of the work schedule or call -back must be properly authorized by the employee's supervisor or other designated personnel.

Section 1112. Holidays
1112.1 Qualifying for Holiday Pay

All regular status employees, excluding provisional, temporary, and part -time employees, shall be entitled to take the holiday benefit at full pay not to exceed the employee’s regular work day for any one (1) holiday. For an employee working on a 4/10, 9/80 or 12 -hour work day plan, holidays shall be paid equivalent to the employee’s regularly scheduled work hours (e.g. 9 hours for 9- hour day or 8 hours on an 8 -hour day on the 9/80 schedule, or 12 hours of holiday pay for 1 2-hour shift).

1112.2 Holidays Observed by the City

Effective January 1, and upon approval by the City Council on its regular agenda in accordance with the Ralph M. Brown Act employees shall receive the following holidays on full pay for each of the below listed holidays . Unless otherwise provided in this section , tThe City observes the following holiday s on the dates indicated:

(1) January 1………… ................................................................. New Year’s' Day (2) Third Monday in January (FLOATING) ..........Martin Luther King Jr.'s Birthday (3) Second Monday in February (FLOATING) .......................... Lincoln's Birthday (4) Third Monday in February (FLOATING) ....................... Washington's Birthday (5) March 31 (FLOATING) .................................................Cesar Chavez Birthday (56) Last Monday in May ................................................................. Memorial Day (67) July 4 ................................................................................ Independence Day

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(78) First Monday in September ............................................................ Labor Day (89) Second Monday in October (FLOATING) Indigenous PeoplesColumbus Day (910) November 11 ......................................................................... Veteran's Day (101) Fourth Thursday in November .................................................. Thanksgiving (112) The day following the day known as Thanksgiving The Friday after Thanksgiving
(123) December 25 .......................................................................... Christmas Day (14) Birthday Holiday

For positions that observe holidays, employees accr ue floating holiday hours equivalent to two (2) workdays annually on the first full pay period to a maximum of two (2) workdays. Floating holidays must be utilized in full day increments. Upon separation, unused floating holiday hours will be paid out at the employee’s current straight time rate of pay. Floating holidays must be scheduled and used by December 31st of each year and do not carry forward into the subsequent year .

There is no cash value for any unused floating holiday hours. While the floating holiday leave hours will be available as of January 1st each year, employees have not earned each of the floating holidays until the actual holiday occurs; if an employee separates employment and has utilized more floating holiday hours than earned, the employee’s vacation or compensatory time hours will be ch arged for the same number of hours previously taken as floating holiday hours.

Birthday Holiday Leave. The department head , with due consideration for the wishes of the employee, may authorize the birthday holiday to be taken within sixty (60) calendar days beginning on the day of the employee’s birthday.

For employees on a Monday through Friday workweek, if a fixed holiday falls on a Sunday, the following Monday will be observed. If holidays fall on a Saturday, the preceding Friday will be observed. For employees who work in a division staffed for twenty -four (24) hour operations, fixed holidays that fall on a Saturday or Sunday will be observed on Saturday or Sunday respectively.

TIn order to receive Holiday Pay, the employee must work or be on a pre-approved paid status the day before and the day after the holiday, unless it is the employee’s regularly scheduled day or hours off.

An employee who takes a holiday off on a normally scheduled work day will receive a regular work day worth of holiday pay at their regular rate of pay, and the holiday hours count as time worked for FLSA overtime calculation purposes.

A holiday that falls on an employee’s normally scheduled day off will receive a regular work day worth of holiday pay at their regular rate of pay, however the

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holiday hours will not be counted as time worked.

If an employee works on a holiday, the employee will receive a regular work day worth of holiday pay at their regular rate of pay, actual hours worked will be paid at the time and one half (1-1/2) and holiday hours will not be counted as time worked.

If an employee works only partial hours on a holiday, partial holiday hours will be counted as time worked for FLSA overtime calculation purposes ( up to the employee’s normal work day).

1112.3 Compensation for Holidays Worked

Prior approval for holiday work must be secured from the department head except in emergency situations where said approval cannot be obtained beforehand.

Section 1213. Compensation and Allowance Other Than Base Salary 1213.1 Public Employee s’ Retirement System (P.E.R.S.) Benefits for Unit Employees Hired on or before December 28, 2012

(a) The City will pay seven percent (7%) of the employee's current base salary (employee's contribution) and other compensation as qualified by State law towards the (P.E.R.S.). Such amounts will be applied to the employee's individual account in accordance with California Government Code section 20691 unless modified below.

(b) The City's P.E.R.S. retirement plan is two percent (2%) at age fifty-five (55).

(c) The City's P.E.R.S. retirement plan is modified to reflect California Government Code section 21024 (Military Service Credit as Public Service) and section 21027 (Military Service Credit for Retired Persons) effective upon adoption by Stockton City Council and Board Administration of the P.E.R.S.

(d) The City will provide P.E.R.S. California Government Code Section 20692 (Employer Paid Member Contributions Converted to Payrate during the Final Compensation Period) as added P.E.R.S. benefit. At the beginning of the employee’s last year of employment, the employee will pay their employee’s seven percent (7%) benefit cost through an automatic payroll deduction. The City will increase the base salary for those employees by the same additional contribution above the seven percent (7%), if any, for the last twelve (12) months of employment. Internal Revenue Service (IRS)

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Code 414H(2) will be concurrently implemented with P.E.R.S. California Government Code section 20692, to be effective upon adoption by the Stockton City Council and P.E.R.S. Administration Board.

(e) The City will provide P.E.R.S. California Government Code section 20965 (Credit for Unused Sick Leave) as added P.E.R.S. benefits, to be effective upon adoption by the Stockton City Council and P.E.R.S. Administration Board.

(f) The City will provide P.E.R.S. California Government Code section 21574 (Fourth Level of 1959 Survivor Benefits) as added P.E.R.S. benefits, to be effective upon adoption by the Stockton City Council and P.E.R.S.

Administration Board.

(g) The City will provide P .E.R.S. California Government Code section 21335 up to a five percent (5%) Annu al Cost -of-Living Allowance, as added P.E.R.S. benefit.

(h) Effective August 1, 2011, in consideration of (a) above, employees hired on or before December 28, 2012 shall pay seven percent (7%) of the employee’s current base salary (employee contribution) and other compensation as qualified by state law towards the Public Employees’ Retirement System (P.E.R.S.) employer’s share of cost for P.E.R.S. pension on a post-tax basis in the form of a payroll deduction.

1213.2 Public Employee s’ Retirement System (P.E.R.S.) Benefits for Unit Employees Hired on or After December 29, 2012

(a) The City amended its contract with P.E.R.S. effective December 28, 2012 to provide a new second tier retirement program of two percent (2%) at sixty (60) with a three (3) year average salary formula and no other additional P.E.R.S benefits for all unit employees hired on or after December 29, 2012.

(b) Employees hired on or after December 29, 2012 shall pay the entire seven percent (7%) of the employee’s current base salary (as the employee contribution) and any other compensation as qualified by state law towards the P.E.R.S. retirement benefit through a payroll deduction.

1213.3 Public Employees’ Retirement System (P.E.R.S.) Benefits for Employees hired on or after December 29, 2012

(a) Employees with Reciprocity:

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Employees hired on or after December 29, 2012, who had service under another Cal PERS agency or public retirement system with reciprocity prior to January 1, 2013, and a break in service of less than six (6) months and are considered classic employees by P .E.R.S. AB340, shall be subject to the P.E.R.S. pension formula of two ( 2%) at sixty (60) with no optional pension enhancements and the other provisions of the retirement tier they were hired under. Employees hired shall pay the entire seven percent (7%) of the employee’s current base salary (as the employee contribution) and any other compensation as qualified by state law towards Cal PERS retirement benefit through a payroll deduction.
(b) Employees without Reciprocity:

Employees hired on or after January 1, 2013, shall be subject to the P.E.R.S. AB340 pension formula of two percent (2%) at Sixty-two (62) with no optional pension enhancements and the other provisions of the retirement tier they were hired under. Employees shall pay fifty percent (50%) of the City ’s normal cost rate for the two (2%) at sixty- two (62) as determined by Cal PERS.
1213.4 Uniforms

(a) The City shall provide uniforms for all employees assigned to this unit who are required to wear uniforms during the course of work.

(b) Safety Protective Footwear Reimbursement Allowance. Effective July 1, 2024, for employeesEmployees required to wear safety protective footwear in accordance with the City Manager’s Administrative Directive, HR-34, and approved for safety protective footwear reimbursement, the City will authorize safety protective footwear reimbursement in the amount of twothree hundred fifty dollars ($250300.00) per fiscal year. Employees shall be allowed to use any unused funds towards the purchase of insoles and socks.

1213.5 Preventive Shots

Those employees in the Municipal Utilities Department (MUD) whose work assignments involve potential exposure to hazardous wastewater shall, at the employee's option, be provided all necessary medical immunization available for the prevention of job incurred illness.

1213.6 Special Driver's License Pay

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Job classifications requiring a Class A and/or Class B Driver's License or Hazmat endorsement will receive special pay equal to one and one -half percent (1-1/2%) of top step of job classification.

Special Driver's License Pay will only be implemented with the concurrent implementation of the Operating Engineers' Local No. 3 - City of Stockton, Drug/Alcohol Safety Program.

1213.7 Longevity Pay

Employees hired before June 30, 2012, who by June 30, 2012, attained twelve (12) years continuous employment with the City receive Longevity Pay in the amount of one and one half per cent (1.5%) of top salary step of the employee’s pay range.Effective June 20, 2011, longevity pay shall be eliminated. However, the City shall grandfather only those employees who complete twelve (12) continuous years of service with the City as of June 30, 2012, with two and one- half percent (2 -1/2%) of top salary step of the employee’s pay range to the employee as a longevity incentive pay allowance. As of July 1, 2012, longevity incentive pay allowance for these grandfathered employees shall be reduced to one and one-half percent (1-1/2%).

1213.8 Credit Union

The City will accommodate payroll deduction s to Operating Engineers' Local No. 3 Credit Union, within the limitations of City payroll system. Any modification costs will be borne by Operating Engineers' Local No. 3.

1213.9 Education, Training and Development

The City will provide internal and external training programs on a wide variety of subjects. Employee participation will be based on subject matter relevance to job requirements, budgetary constraints and workload demands. Any Training programs that employ ees are directed or authorized to participate by their department will be fully paid for by the department. Costs paid by the City include tuition, registration fees, related materials, and mileage/meal reimbursement if the training is not located on City premises.

1213.10 Certification, Certification Training and Special Certifications

(a) Certification dues or fees required of employees in their specialized fields of work will be reimbursed by the City at the actual costs. Pre -approved training(s) to maintain a job-related certification will be paid at one-hundred

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percent (100%) by the City. The City will pay for two (2) attempts at passing the test.

(b) The City will offer a one-time add pay off the salary line for employees who receive State certification for water, wastewater, distribution, or California Water Environment Association (“ CWEA”). All employees are eligible to obtain certification in Water and Wastewater.

Water,
Wastewater

Water Distribution

CWEA
One Time
Add Pay
Grade 5 Grade 4 and 5 Grade 4 $1,000.00
Grade 4 Grade 3 $750.00
Grade 2 $200.00
Grade 1 $150.00

A maximum of two (2) certification levels will be paid by the City in a calendar year to any one (1) employee. Certifications (at State specific levels) will be required for some positions. Loss of certifications shall result in the employee being demoted to the level according to their certification level. The employee will be moved back to their former level if they obtained the necessary certification within 12 months.

Any employee who loses or is denied a certification shall notify their supervisor within seven (7) calendar days, and shall submit a copy of any notice received from the state or any other agency.

(c) An employee assigned to the wastewater function in the operator series who receives and maintains a level 4 or 5 Wastewater Operator Certification will receive the following quarterly amounts added to their monthly paychecks for each wastewater grade level certification above a grade 3 certification that exceeds the certification level required for the position held.

Any employee receiving such certification pay will perform duties authorized by such certification level as required when necessa ry due to operational needs.

One level above MQ $1,000.00
Two levels above MQ $2,000.00

(d) Effective upon the first full pay period following ratification of this MOU by the Union and approval by the City Council in 2023, an employee assigned to the Water Treatment or Distribution function in the operator ser ies who receives and maintains a level 4 or 5 Water Operator Certification (T or D) will receive the following quarterly amounts added to their bi -monthly paychecks for each grade level certification above a grade 3 certification

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that exceeds the certifi cation level required for the position held. Any employee receiving such certification pay will perform duties authorized by such certification level as required when necessary due to operational needs.

One level above MQ $1,000.00
Two levels above MQ $2,000.00

Any current employee who is receiving this certification pay who does not meet the requirement of being within the operator series of classifications shall be grandfathered in to continue receiving such add pay as long as other requirements are met as descr ibed above. Effective upon the first full pay period following ratification of this MOU by the Union and approval by the City Council on its regular agenda in accordance with the Brown Act no additional employees shall receive this certification pay unless all requirements above are met. In addition, any current employees who are receiving this certification pay based upon a certification level which is required for the position held shall have this certification pay reduced accordingly.

1213.11 Mileage Reimbursement for Private Vehicle Use

Employees who use their own vehicle on City business on a consistent and repetitive basis will be compensated at the current Internal Revenue Service (IRS) rate and in accordance with the City Manager's Administrative Directive, MAN-016, Section III.B.

1213.12 Use of City Vehicles

Supervisors who perform emergency response and/or standby call -out duty shall have the option of taking home their assigned City vehicle on a daily basis.

Section 1314. Insurance Plans and Retirement Benefits

1314.1 Reopener Clause for Health Insurance

(a) The Union agrees at the City’s request, to meet and confer on any changes that are within the mandatory scope of bargaining in any City proposals related to its City sponsored medical plans that may be related to the implementation of the Affordable Care Act (ACA).

(b) The City agrees at the request of the Water Supervisory Unit to meet and confer regarding employer benefits and premium contributions should

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medical/dental/vision insurance premiums for employee -only, employee plus one (1) dependent or employee plus family increase by more than four percent (4%) in any one (1) plan year.

1314.2 Health and Welfare Benefits and Trust Fund Plan

(a) Choice of Health Plans . Employees in this bargaining unit shall have a choice of enrolling themselves and their eligible dependents in any of the City sponsored medical, dental and vision plans or Operating Engineer Health and Welfare Trust Fund Plan ( Anthem Plans A, B, C, and D, and Kaiser Plans A B, and A+). The City shall offer two (2) or more medical plans to regular status employees.

(b) Eligibility. Employees shall become eligible for Medical, Dental and Vision insurance on the first day of the month following date of hire . An eligible employee and eligible dependent may be enrolled in a City offered medical plan either as a subscriber in a City offered medical plan or, as the dependent spouse/registered domestic partner or another eligible City employee, but not both. If an employee is also eligible to cover their dependent child, the child will be allowed to enroll as a dependent on only one (1) employee plan (i.e., an employee and his or her dependent cannot be covered by more than one City-offered health plan).

(c) City Contribution towards the cost of insurance programs.

1) Effective the first full pay period following ratification of this MOU by the Union and approval by City Council on its regular agenda, the City will contribute:

• Up to $711.00 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan coverage.

• Up to $1,290.00 per month toward the cost of the monthly premium for employee plus one (1) dependent medical/dental/vision plan coverage.

• Up to $1,719.00 per month toward the cost of the monthly premium for employee plus two (2) or more dependents medical/dental/vision plan coverage.

2) Effective July 1, 2024, City shall contribute the following:

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• Up to $725.00 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan coverage.
• Up to $1,316.00 per month toward the cost of the monthly premium for employee plus one (1) dependent medical/dental/vision plan coverage.
• Up to $1,753.00 per month toward the cost of the monthly premium for employee plus two (2) or more dependents medical/dental/vision plan coverage.
31) Effective July 1, 2025,The City shall contribute the following:
• Up to $740.00936.10 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan coverage. • Up to $1,342.001,698.55 per month toward the cost of the monthly premium for employee plus one (1) dependent medical/dental/vision plan coverage.
• Up to $1,788.002,263.20 per month toward the cost of the monthly premium for employee plus two (2) or more dependents
medical/dental/vision plan coverage.

2) Effective January 1, 2027, the City contributes the following:

• Up to $973.54 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan coverage.

• Up to $1,766.49 per month toward the cost of the monthly premium for employee plus one (1) dependent medical/dental/vision plan coverage.

• Up to $2,353.73 per month toward the cost of the monthly premium for employee plus two (2) or more dependents medical/dental/vision plan coverage.

3) Effective January 1, 2028, the City contributes the following:

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• Up to $993.01 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan coverage.

• Up to $1,801.82 per month toward the cost of the monthly premium for employee plus one (1) dependent medical/dental/vision plan coverage.

• Up to $2,400.80 per month toward the cost of the monthly premium for employee plus two (2) or more dependents medical/dental/vision plan coverage.

4) Effective January 1, 2029, the City contributes the following:

• Up to $1,012.88 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan coverage.

• Up to $1,837.86 per month toward the cost of the monthly premium for employee plus one (1) dependent medical/dental/vision plan coverage.

• Up to $2,448.82 per month toward the cost of the monthly premium for employee plus two (2) or more dependents medical/dental/vision plan coverage.

These contributions are based on full -time employment; regular part -time employees shall receive a prorated contribution based on their percentage of full-time employment. Insurance plan premiums that exceed the City’s monthly contribution shall be paid by the employee through payroll deductions. The City shall maintain its IRS 125 Plan to allow for employee contributions for medical/vision/dental to be pre-tax premium conversion.

(d) Plan Rules. Employees may insure themselves and their eligible dependents under the medical, vision and dental plans provided by the City, in accordance with the rules and regulations applicable to the selected Plan.

Benefits in the Plan shall be in accordance with the Plan document.

(e) Employees that promote, demote, or transfer from a classification in the Water Supervisors unit to an unrepresented classification shall continue to have the option to retain the Operating Engineers' Local No. 3 Health and

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Welfare Plan.

(f) Payment of costs for City administrative overhead related to Operating Engineer sponsored plans.

The City costs to administer the health plans offered to employees and retirees are incorporated into the monthly rates for City sponsored medical, dental and vision insurance paid by the City and the plan partic ipants.

Effective upon the first full pay period following ratification of this MOU by the Union and approval by the City Council on its regular agenda in accordance with the Brown Act the City will add to the monthly plan costs for the Operating Engineer sponsored plans offered to employees thos e City administrative overhead costs associated with these plans in addition to the City sponsored plans. Only costs associated with the OE3 plans will be charged to those plans and will be updated each plan year.

1314.3 Long Term Disability Insurance

The City shall provide, at no cost to the employee, long term disability insurance coverage. Plan benefits shall be as described in the Plan document, but shall include:

(a) Each disability - sixty-six and two thirds percent (66 2/3%) of salary up to the maximum salary replacement amount as specified in the City’s long term disability plan.

(b) Disability income payments shall commence after a ninety (90) day waiting period and exhaustion of sick leave accruals.

(c) Benefit payable until age sixty-five (65).

(d) The City shall continue its normal contribution for employee medical premiums during the ninety (90) day waiting period.

1314.4 Life Insurance

The City shall provide, at no cost to the employee, a term life and accidental death and dismemberment insurance policy, with a value of fifty thousand dollars ($50,000). In addition, employees shall have the opportunity to purchase additional voluntary life insurance through their union or through the City’s IRS125 vendor.

1314.5 State Disability Insurance (SDI)

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At the Union’s option, pursuant to procedures established by the state, members may elect to receive State Disability Insurance (SDI) coverage at their own expense. SDI will be coordinated with other benefits.

14.6 Health Reimbursement Account (HRA)
The City will contribute an amount equal to five and one half percent (5. 1/2%) of the employee’s current base salary into an IRS qualified HRA for each employee to use for reimbursement of current and retiree medical cost reimbursement.

Section 1415. Salaries
1415.1 Salary Rates

(a) Effective the first full pay period following ratification of this MOU by the Water Supervisory Unit and approved by the City Council on its regular agenda, employees will receive a four percent (4%) cost of living adjustment (COLA) to base pay.

(b) Effective July 1, 2024, employees will receive a three percent ( 3%) COLA to base pay.

(c) Effective July 1, 202 5, employees will receive a three percent (3 %) COLA to base pay.

(d) Market adjustments will be provided in year two (2) and year three (3) of the contract as follows:

a. First, the total three (3) year COLA shall be deducted from the “median” position in the market.

b. Effective July 1, 2024, classifications will receive a market adjustment of no more than seven percent (7%) as outlined in Appendix A.

c. Effective July 1, 2025, classifications will receive the remaining percentage to bring the classificatio n to the median of the market as outlined in Appendix A.

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d. The 2022 Total Compensation survey prepared by Bryce Consulting made specific recommendations for internal relationships between classifications in the Water Supervisory Unit and employees in the same job family. In the event these internal relationships change , the Parties will consider how to address compaction between those classifications.

(e) Lump Sum Payments

1. Each employee who is employed in the bargaining unit as of July 1, 2024 will receive a two thousand ($2,000) lump sum non -pensionable bonu s (subject to all applicable withholdings) to be paid by the second scheduled payday in the same month.

2. Each employee who is employed by the bargaining unit as of July 1, 2025 will receive a two thousand ($2,000) lump sum non -pensionable bonus (subject to all applicable withholdings) to be paid by the second scheduled payday in the same month.
(a) Effective August 23, 2026, employees will receive a two percent (2%) Cost of Living Adjustment (COLA) increase to base pay (Attached is the revised salary schedule including the 2% COLA plus market adjustments).

(b) Effective the first full pay period starting June 27, 2027, employees will receive a two percent (2%) Cost of Living Adjustment (COLA) increase to base pay.

(c) Effective the first full pay period starting June 25, 2028, employees will receive a two percent (2%) Cost of Living Adjustment (COLA) increase to base pay.

14.2 Additional Steps

The salary ranges for all classifications is set forth in the City’s Salary Schedule.

Effective August 23, 2026, the City shall add three additional steps at two and a half percent (2.5%) each step. Consistent with the City ’s practice, progression in the additional steps will require one year of paid status within the step prior, (i.e. progression to Step 7 requires 1 year of service in Step 6 and progression to Step 8 requires 1 year of service in Step 7).

14.315.2 Salary upon Appointment

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Except as herein otherwise provided, the entrance salary for a new employee entering the classified service shall be the minimum salary for the class to which appointed. When circumstances warrant, the Director of Human Resources may approve an entrance s alary which is more than the minimum salary for the class to which an employee is appointed. Such a salary may not be more than the maximum salary for the class to which that employee is appointed.

14.415.3 Salary Equivalents

Any monthly, daily or hourly rate of pay may be converted into an equivalent rate of pay or to any other time bases when, in the judgment of the City Manager, such a conversion is advisable. In determining equivalent amounts on different time bases the City shall provide tables or regulations for the calculation of payment for service of less than full time, and for use in converting monthly salaries to hourly rates, as well as for calculating hourly rates. Overtime rate and premium pay shall be calculated according to the provisions of the FLSA.

14.515.4 Salary Step Plan

There shall be six (6)up to nine (9) salary steps in each range.

The first step shall beis the minimum rate and shall be the normal hiring rate for the class. (In a case where a person possesses unusual qualifications, the Director of Human Resources may authorize appointment above the first step after receiving the recommendation of the department head. The same provision shall apply to hourly paid and part-time employees.)

Step 2 is obtained after satisfactory completion of six (6) months at the first step, Steps 3 through 9 are obtained after satisfactory completion of one (1) year in the previous step.

If a department head recommends withholding increases to salary steps two (2) through six (6) nine (9) because an employee has not achieved the level of performance required, notice must be received by the Human Resources Department at least four (4) weeks in advance of the employee's eligibility date.

The affected employee shall be furnished a copy of the department head's recommendation. Failure to abide by the above four -week limitation shall not automatically cause a step increase to be granted; however, if an employee does not receive notice by the actual anniversary date, the increase shall be automatically granted.

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The second step shall be paid upon the satisfactory completion of six (6) months service at the first step.

The third step shall be paid upon the satisfactory completion of one (1) year service at the second step.

The fourth step shall be paid upon the satisfactory com pletion of one (1) year service at the third.

The fifth step shall be paid upon the satisfactory completion of one (1) year service at the fourth step and upon written recommendation of the department.

The sixth step shall be paid upon the satisfactory completion of one (1) year service at the fifth step and upon written recommendation of the department head.

Regardless of an employee's length of service, step advancements in any given class may be made upon recommendation of the department head with the approval of the Director of Human Resources, but not above Step 6 for a given range.

Salary step increases shallwill be effective the first day of the pay period following appointment or revision. If the date of appointment or revision is the first day of a pay period, salary step increases shall be as of that date.

Changes in an employee's salary because of promotion, demotion, postponement of salary step increase or special merit increase will set a new salary anniversary date for that employee, which date shall be as stated in the preceding paragraph.

Salary range adjustments for a classification will not set a new salary anniversary date for employees serving in that classification.

14.615.5 Salary Step after Military Leave

All employees who have been granted military leave shall, upon their return to the City service, be entitled to the automatic salary advancements within the range of their classification for the period they were in the military service.

14.715.6 Salary Step When Salary Range is Increased

Whenever the monthly schedule of compensation for a class is revised, each incumbent in a position to which the revised schedule applies shall be entitled to the step in the revised range which corresponds to the employee's step held in the

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previous range, unless otherwise specifically provided for by the Director of Human Resources.

14.815.7 Salary Step After Promotion or Demotion

(a) When an employee is promoted from a position in one class to a position in a higher class, and at the time of promotion is receiving base salary equal to, or greater than, the minimum rate for the higher class, that employee shall be entitled to the next step in the base salary of the higher class which is at least five percent (5%) above the employee's current base salary, except that the next step shall not exceed the maximum salary of the higher class. Add pays are not included in the calculation of base salary for purposes of this section. When an employee is promoted into another bargaining unit, the new bargaining unit’s salary on promotion rules shall apply.

(b) When an employee is demoted, whether such demotion is voluntary or otherwise, that employee's compensation shall be adjusted to the salary prescribed for the class to which demoted.

(1) If the salary of the employee is reduced for cause or disciplinary reasons, the employee shall receive the salary at the same step prior to promotion.

(2) If the salary of the employee is reduced through no fault of the employee (i.e., layoff), the salary at demotion shall be at the nearest lower salary to that which was received prior to the demotion.

14.915.8 Transfer

An employee may be transferred from a class in one depart ment, or to a position of t he same class in another depart ment, or to a comparable class, with the approval of both the employee and Department Heads. In the case of a compa - rable class, the employee must be qualified, as determined by the Director of Human Resources. The Director of Human Resources, in making such a determination, must assure that the maximum salary rate for the classes in question must be equal to or less than the employee’s current top step salary, and shall consider, among other things, whether the employee possesses the minimum qualifications for such class, and is able to demonstrate through education, experience, or successful completion of pertinent te sts, that they are qualified for the transfer. If the transfer involves a change from the jurisdiction of one appointing

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authority to another, both must consent thereto.

14.1015.9 Salary on Reinstatement

If a former employee is reinstated in the same position previously held or to one carrying a similar salary range, the employee's salary shall not be higher than the salary at the time of separation unless there has been an increase within the salary range.

If a former employee is reinstated to a position in a lower class, the employee's salary shall be set at the same step previously held, but in th e pay range of the lower classification.

14.1115.10 "Y" Rate

When an employee's classification is changed to a lower paid classification as the result of a classification study or other action, the employee may be placed on a "Y" rate. A "Y" rate means that the mont hly compensation for the employee shall remain in effect until such time as further changes in the pay range of the new classification exceeds the "Y" rate.

14.1215.11 Acting Pay

Any employee in this unit who is assigned by a supervisor to work in a higher paid classification for two (2) or more hours in one (1) day, shall receive the rate of pay in the step of the higher classification which would have been received if the employee had been promoted into that classification, or at least five percent (5%) more than the employee's salary in the present classification, whichever is greater.

Out-of-class assignment pay during overtime status will commence at the first hour worked.

14.1315.12 Special Assignment Pay

The department head with the concurrence of the Director of Human Resources may approve additional compensation in an amount not to exceed one (1) additional salary step when an employee is assigned in writing by the supervisor to perform additional duties and responsibilities for the duration of the special assignment.

14.1415.13 Temporary Upgrade Pay
Employees who are assigned to temporarily perform the duties of other employees of a higher level classification shall be paid the hourly or daily rate of the

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classification to which they are temporarily upgraded. To be eligible for temporary upgrade pay, the employee must perform the full scope of duties of the higher classification and must not perform any of the duties of their own job classification while working in the higher level classification.

14.1515.14 Salary Adjustments

The City recognizes that there may be a need for special salary adjustments for selected classifications as a result of recruitment problems, reclassifications, and/or organizational changes. The City, in its sole discretion, may make such adjustments, but agrees to discuss with the Union.

15.15 Bi-Weekly Pay Period
The City and the Union agree to move to bi -weekly pay as soon as it is administratively possible within the City. The parties understand that this may not be administratively possible until the City implements a new payroll system.

15.16 One Time Payment
The City will make a one -time (non-pensionable) payment in the amount of four hundred and fifty dollars ($450.00), subject to applicable withholdings, to Water Supervisory Unit members employed by the city upon adoption of this agreement by City Council. Payment will be processed and paid as soon as administratively possible following adoption of this agreement by the City Council.

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Section 1516. Severability of Provisions
In the event that any provision of this MOU is declared by a court of competent jurisdiction to be illegal or unenforceable that provision of the MOU shall be null and void but such nullification shall not affect any other provisions of this MOU, all of which other provisions shall remain in full force and effect.

In the event that Federal legislation changes the current applicability of the FLSA, both parties agree to consult and/or confer on the impacts of such legislation to the extent required by law.

Section 1617. Past Practices and Existing Memoranda of Understanding Continuance of working conditions and practices not specifically authorized by ordinance or by resolution of the City Council is not guaranteed by this MOU.

This MOU shall supersede all existing Memoranda of Understanding between the City and the Union.

Section 1718. Scope of Agreement
Except as otherwise specifically provided herein, this MOU including Appendices “A” and “B”, which are attached to this Agreement and by this reference incorporated herein, and fully and completely incorporates the understanding of the parties hereto and constitutes the sole and entire agreement between the part ies on any and all matters subject to meeting and conferring. Neither party shall, during the term of this MOU, demand any change therein nor shall either party be required to negotiate with respect to any matter; provided that nothing herein shall prohibit the parties from changing the terms of this MOU by mutual agreement.

Section 1819. Duration of Agreement
This All provisions of this MOU shall be are effective the date of execution unless otherwise indicated, through June 30, 20262029.

Section 1920. Maintenance of Operations/City Rights
(a) It is recognized that the need for continued and uninterrupted operation of City services is of paramount importance. Therefore, the Union and each employee repre - sented thereby agrees that from the date of execution, through exhaustion of the impasse

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process/mediation/fact finding as set forth in the Employer/Employee Relations Resolution, the Union or any person acting in its behalf, or each employee in a classification represented by the Union, shall not cause, authorize, engage in, encourage, or sanction a work stoppage, slowdown, refusal of overtime work, refusal to operate designated equipment (provided such equipment is safe and sound), or picketing, other than informational picketing, against the City or the individual or concerted failure to report for duty or abstinence from the full and faithful performance of the duties of employment, including compliance with the request of another labor organization or bargaining unit to engage in such activity in an attempt to induce a change in wages, hours, and other terms and conditions of employment.

(b) An employee shall not be entitled to any wages or City paid benefits whatsoever if the City Council, by majority vote, determines to its satisfaction, that the employee is, or has, engaged in any activity prohibited by subsection (a) of this section. The City may take other action which it deems appropriate.

(c) If the City Council, by majority vote, determines to its satisfaction, that subsection (a) of this section has been violated by the Union, the City may take such remedial action as it deems appropriate.

(d) The Union recognizes the duty and obligation of its representatives and members to comply with the provisions of this MOU and to make every effort toward inducing all employees in this unit to fully and faithfully perform their duties. In the event of any activity prohibited by subsection (a) hereinabove, the Union agrees to take supererogatory steps necessary to assure compliance with this MOU.

The rights of the City as set forth in Section 5 of Resolution No. 32,538, dated August 4, 1975, are incorporated herein by reference.

Section 21. GPS Devices in City Vehicles
The City retains the right to move forward with its RFP process and install Global Positioning Systems (GPS) in City vehicles used by employees in this unit. The Association agrees to meet and confer with respect to the City’s proposed GPS policy.

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IN WITNESS WHEREOF this Memorandum of Understanding was ratified by a membership vote of the Association on ____________ ________, and by an affirmative vote of the Stockton City Council on __________________ . The parties hereto have executed this Memorandum of Understanding this _________day of _____________.

WATER SUPERVISORY UNIT

Approved as to form:

CITY OF STOCKTON
Operating Engineers’ Local No. 3

By: _______________________

DARREN SEMORECLAUDE JOSEPH
Business Representative

APPROVED AS TO FORM:

By: _______________________

HARRY BLACKJOHNNY FORD
City Manager

By: _______________________

ROSEMARY RIVAS MARIE GUILLORY -
JONES
Interim Director of Human Resources

By: ________________________

CHARLES SAKAICHE JOHNSON
Negotiator for the City

Approved as to form:

Lori Asuncion , City Attorney Donald A. Larkin ,
Interim City Attorney

By: _______________________

MARCI ARREDONDOTARYN JONES
Assistant City Attorney

ATTEST:

CITY CLERK

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Term: July 1, 20232026 – June 30, 20262029

CITY OF STOCKTON 50

____________________

ELIZA GARZAKATHERINE ROLAND
City Clerk

ATTACHMENT A
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Appendix A. Market AdjustmentsSalary Schedule Effective August 23, 2026 Title Group 1 2 3 4 5 6 7 8 9
Collection Systems
Supervisor

WATER SUP -
MS $87,681 $92,159 $96,893 $101,846 $107,076 $112,563 $115,377 $118,262 $121,218 Laboratory Supervisor

WATER SUP -
MS $93,569 $98,248 $103,164 $108,316 $113,722 $119,412 $122,397 $125,457 $128,593 Occupational Health
& Safety Compliance
Specialist

WATER SUP -
MS
$85,688 $90,072 $94,691 $99,549 $104,644 $109,998 $112,748 $115,567 $118,456 Plant Maintenance
Supervisor

WATER SUP -
MS $87,716 $92,195 $96,931 $101,886 $107,118 $112,608 $115,423 $118,309 $121,266 Plant Operations
Supervisor

WATER SUP -
MS $107,049 $112,680 $118,600 $124,850 $131,429 $138,339 $141,798 $145,343 $148,976 Quality
Assurance/Quality
Control Officer

WATER SUP -
MS
$98,625 $103,815 $109,280 $115,031 $121,085 $124,113 $127,215 $130,396 Regulatory
Compliance Officer

WATER SUP -
MS $106,763 $112,202 $117,925 $123,939 $130,260 $136,797 $140,216 $143,722 $147,315 Senior Collection
Systems Supervisor

WATER SUP -
MS $101,795 $106,998 $112,493 $118,258 $124,314 $130,683 $133,950 $137,299 $140,731 Senior Plant
Maintenance
Supervisor

WATER SUP -
MS
$101,153 $106,324 $111,783 $117,512 $123,530 $129,859 $133,105 $136,433 $139,844 Senior Plant
Operations
Supervisor

WATER SUP -
MS
$112,707 $118,468 $124,552 $130,934 $137,640 $144,692 $148,309 $152,017 $155,817 Technical Services
Supervisor

WATER SUP -
MS $97,762 $102,769 $108,030 $113,563 $119,386 $125,499 $128,637 $131,853 $135,149 Utilities Safety &
Training Specialist

WATER SUP -
MS $56,205 $59,081 $62,101 $65,293 $68,628 $72,153 $73,957 $75,806 $77,701 Water Systems
Superintendent

WATER SUP -
MS $106,457 $111,777 $117,364 $123,230 $129,388 $135,855 $139,251 $142,733 $146,301

ATTACHMENT A
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CITY OF STOCKTON 1

Water Systems
Supervisor

WATER SUP -
MS $91,614 $96,433 $101,499 $106,848 $112,478 $118,392 $121,352 $124,386 $127,495 This page is intentionally left blank

ATTACHMENT A
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ATTACHMENT A
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Appendix B. Side-Letter of Agreement Regarding Transfer of Services Pursuant to the Special Agreement between Operating Engineers’ Local Union No. 3 (“Union”) and the City of Stockton (“City”) dated June 18, 2003, authorized by Stockton City Council Resolution No. 03-0393, adopted on July 8, 2003, regarding the Transfer of Services, the provisions contained in Appendix B, Side -Letter of Agreement, pertains to only the Employees covered by the Special Agreement.

Nothing contained herein prohibits the parties from mutually agreeing to changes, but neither party can be compelled to negotiate and/or agree to any changes to this Appendix B, Side-Letter of Agreement.

Section 1 – Re-employment and Employment

The City shall provide regular full -time employment at the City’s municipal wastewater utility and water utility to all of the employees listed in Agreement electing to accept such employment effective March 1, 2008.

Section 2 – Terms and Conditions of Re-employment and Employment

(a) City’s offer of employment and re-employment shall be unconditional, and shall not be subject to other health, competency or other test, fact, or circumstances relating to an individual employee.

(b) All service with OMI/Thames Water will be counted as service with the City.

(c) Waste Water Certification – Employees outside of the Waste Water Division who hold Waste Water II or higher certification and are available for short -term assignment to the waste water facility will receive an additional five percent (5%) of the top step, which shall be PERS reportable earnings. Certification must be kept current. Employees who de cline short-term assignments to the waste water facility subject to department guidelines will lose this additional pay.

Section 3 - Deferred Compensation

The City shall provide, at no cost to the employee, deferred compensation as a supplement to voluntary deferred compensation plans, if any, for which the individual

ATTACHMENT A
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employee may be eligible. The City shall contribute an amount equal to five and one-half percent (5.5%) of the employee’s current base salary.

Peggy Barnett Occupational Health/Safety Compliance Specialist Jim Butler Senior Plant Maintenance Supervisor
Randy Cornell Collection Systems Supervisor
Larry Huber Laboratory Supervisor

Section 4 - Public Agency Retirement System (“PARS”) Supplemental Retirement Plan

The City shall contribute an amount necessary to fund a supplemental retirement benefit for the following employees in Municipal Utilities Department.

Peggy Barnett Occupational Health/Safety Compliance Specialist Jim Butler Senior Plant Maintenance Supervisor
Randy Cornell Collection Systems Supervisor
Larry Huber Laboratory Supervisor
Robert Englent Senior Collection Systems Operator

The supplemental retirement benefit shall be developed and administered by the Public Agency Retirement Services (“PARS”) benefit and shall be based on the following criteria:

(a) Only employees listed in this Agreement shall be eligible to participate;

(b) Commencing March 1, 2008, employees must complete at least one (1) year of continuous City of Stockton service to be eligible for the PARS benefit;

(c) The PARS benefit shall be paid only to those employees listed in this Agreement who retire from the City in accordance with rules and criteria established pursuant to PERS and the MOU in effect between the City and the OE3; and

(d) The benefit level paid to each eligible employee shall be based on the following formula:

(1) All actual years of service (prior City of Stockton, OMI and City of Stockton years of service as of March 1, 2008 prospectively) x 0.6%.

Section 5 – Compensation and Benefits

(a) Active employees shall receive fully paid City Health Plan (Medical, Vision, and Dental) or the option of the fully paid OE3 Medical Plan Schedule A (Medical,

ATTACHMENT A
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Vision, and Dental) through June 30, 2013. Effective June 30, 2013, employees identified in Exhibit B shall receive the same city contribution towards cost of insurance programs as stated in MOU section 1314.1(c).

(b) An employee who receives and maintains a Level IV or V Waste Water Operator Certification will receive the following quarterly amounts added to his or her monthly paychecks for Level V and Level IV certifications, unless certification is required of the position.

Level IV $1,000.00
Level V $2,000.00

ATTACHMENT A
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Appendix B – Exhibit B Employees

ATTACHMENT A
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Appendix B – Exhibit B Employees

ATTACHMENT A
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Appendix C. Rates of Pay
Base Rate of Pay: The employees’ Base Rate of Pay is their step as listed on the salary schedule for their classification.

Straight Time Rate of Pay: The employees’ Straight Time Rate of Pay includes the employee’s base rate of pay plus all percentage based add pays.

Regular Rate of Pay: The employees’ Regular Rate of Pay as defined by the Fair Labor Standards Act (FLSA).

ATTACHMENT A
261
City of Stockton Costing as of 7/31/2026
OE3 Water Supervisors - 2026 - Proposal Costing
Costing of 3 Year Contract
Proposal # Description FY 2026-27 FY 2027-28 FY 2028-29 Term - 3 Years
Salary - COLA Var Avg. 7.2% Year 1, 2% Year 2, 2% Year 3 182,494 55,758 56,873 295,124 Salary Range Adjustment - Steps 7-9 44,488 104,637 169,922 319,047 Health Increase 4% Year 1, 2% Year 2, 2% Year 3 12,096 12,338 12,585 37,019 Safety Footwear 800 800 800 2,400
TOTAL 239,878 173,533 240,180 653,590
Funding Sources (Estimated):

Fund Fund Desc Year 1 Year 2 Year 3 Allocation
600 WATER 63,568 45,986 63,648 26.50%
610 WASTEWATER 151,603 109,673 151,793 63.20%
620 STORMWATER 24,707 17,874 24,738 10.30%
TOTAL 239,878 173,533 240,180 100.00%
Total Annual Cost Total
3-Year Cost

ATTACHMENT B
262

Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF STOCKTON AND THE WATER SUPERVISORY UNIT AND

AUTHORIZING ITS IMPLEMENTATION

The City’s negotiating team met and conferred with officials of the Water Supervisory Unit and reached an agreement for a successor Memorandum of Understanding. On August 6, 2026, the Water Supervisory Unit ratified the agreement by a majority vote of their members; and

The City of Stockton and the Water Supervisory Unit have in good faith completed their meet and confer obligations regarding their successor Memorandum of Understanding. Human Resources and the Administrative Services Department ha ve conducted a comprehensive review of the existing Memorandum of Understanding and have recommended revisions to salary and administrative provisions; now, therefore,

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

1. The Memorandum of Understanding between the City of Stockton and the Water Supervisory Unit is attached hereto as Exhibit 1 and made part hereof by this reference, is hereby approved, and adopted.

2. The City Manager is hereby authorized and directed to exec ute the Water Supervisory Unit Memorandum of Understanding to be effective July 1, 2026.

3. The City Manager is hereby authorized and directed to increase expenditure appropriations in the annual budget for Fiscal Year 20 26-27, as necessary to carry out the intent of the agreement as shown in Exhibit 2.

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4. The City Manager and the Interim Director of Human Resources are authorized to take whatever actions are appropriate and necessary to carry out the purpose and intent of this Resolution.

PASSED, APPROVED and ADOPTED August 18, 2026 .

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:

KATHERINE D. ROLAND, CMC, CPMC
City Clerk of the City of Stockton
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CITY OF STOCKTON

MEMORANDUM OF UNDERSTANDING

WATER SUPERVISORY UNIT

MUNICIPAL UTILITIES DEPARTMENT
Operating Engineers' Local 3, AFL-CIO and representatives of the City of Stockton have met and conferred in good faith regarding wages, hours and other terms and conditions of employment of employees in the representation unit identified in section 1, have exchanged freely information, opinions and proposals , and have endeavored to reach agreement on all matters relating to the employment conditions and employer-employee relations of such employees.

This Memorandum of Understanding (MOU) is entered into pursuant to the Meyer s- Milias-Brown Act (Government Code sections 3500-3510) and has been jointly prepared by the parties.

This MOU shall be presented to the Stockton City Council as the joint recommendations of the undersigned for salary and benefit adjustments for the period commencing July 1, 2026 and ending June 30, 2029.

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TABLE OF CONTENTS
Section 1. Recognition ................................................................................................... 2 Section 2. Union Rights .................................................................................................. 2 Section 3. Probation ....................................................................................................... 5 Section 4. Layoff .............................................................................................................6 Section 5. Reemployment ............................................................................................... 9 Section 6. Discipline ........................................................................................................9 Section 7. Grievance Procedures ................................................................................. 11 Section 8. Leaves ......................................................................................................... 14 Section 9. Days and Hours of Work ..............................................................................23 Section 10. Overtime .....................................................................................................23 Section 11. Holidays ......................................................................................................26 Section 12. Compensation and Allowance Other Than Base Salary..............................28 Section 13. Insurance Plans and Retirement Benefits ..................................................33 Section 14. Salaries ...................................................................................................... 37 Section 15. Severability of Provisions ...........................................................................42 Section 16. Past Practices and Existing Memoranda of Understanding ........................42 Section 17. Scope of Agreement ...................................................................................42 Section 18. Duration of Agreement ...............................................................................42 Section 19. Maintenance of Operations/City Rights .......................................................42 Appendix A. Salary Schedule Effective August 23, 2026 ..............................................45 Appendix B. Side-Letter of Agreement Regarding Transfer of Services........................46 Appendix C. Rates of Pay…………………………………………………………………….51
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Section 1. Recognition
Operating Engineers' Local 3, AFL -CIO, hereinafter referred to as the "Union," is the recognized employee organization for the Water Supervisory Unit, certified pursuant to Resolution No. 08-0143, adopted by the City Council on April 15, 2008.

Section 2. Union Rights

2.1 Union Membership Dues and Payroll Deductions

(a) In accordance with the Senate Bill (SB) 866, the parties agree to the following process for making, cancelling, or changing payroll deductions for Union membership union dues deductions.

(b) As certified in writing by the Union to the City in a manner consistent with the requirement of (SB) 866 the City will deduct the monthly Union membership dues, initiation fees, general assessments, and payments for membership benefits programs sponsored by the Union from the salary or wages of all bargaining unit employees who voluntarily authorize such deductions, as certified in writing by the Union to the City, and pay such amounts to the Union.

1. All employee requests to cancel or change membership dues deductions shall be directed to the Union.

2. The City shall rely upon written notification from the Union for any and all employee requests to cancel or change payroll deductions for membership dues.

3. The Union is responsible to obtain and maintain voluntary written authorization for membership dues deductions.

4. Membership dues deductions shall automatically renew unless written notice is provided by the authorized representative of the Union certifying a change in membership dues.

5. The City shall honor any changes to membership dues deduction amounts provided by the Union.

6. The Union is not required to provide a copy of individual employee authorizations to the City unless a dispute arises about the existence or terms of the authorization.

7. Deduction notification will be provided to [email protected] EXHIBIT 1
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8. Changes, and/or cancellations, received by the City prior to the 15 th of the month will be processed no later than the first pay period of the second month. Example: The Union notifies the City on January 15th, the deductions will be effective no later than the first full pay period in March. The parties recognize there is a lapse in time due to pay period processing constraints.

The City will make every effort to process earlier if possible.

(c) Hold Harmless Provision

The Union shall indemnify, defend, and hold the City harml ess against any claims made and/or any suit against the City which may arise as a result of its deductions for membership dues or other programs sponsored by the Union.

2.2 New Hire Employee Orientation and Information Requirements

(a) In accordance with Assembly Bill (AB) 119, the City shall provide the Union i) not less than ten (10) days’ notice in advance of new hire employee orientation, and ii) within thirty (30) days of hire or by the first pay period of the month following hire a list containing the f ollowing information on file from the City’s Human Resources database system.

1. Name;

2. Job title;

3. Department;

4. Work location;

5. Personal cellular telephone numbers, including work and home;

6. Personal email addresses as provided by new hire employee; and

7. Home address.

The above information shall be updated and provided to the Union at least every one-hundred and twenty (120) days for all bargaining unit members.

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2.3 Use of City Facilities

(a) The Union shall be allowed by the department in which it r epresents employees' use of space on available bulletin boards for communications having to do with official Union business, such as times and places of meetings, provided such use does not interfere with the needs of the department. The Union may submit to the City Employee Relations Officer written communications having to do with official Union business for distribution by the City to identified Union shop stewards. Distribution may be made by e-mail.

(b) Any representative of the Union shall give notice to the department head or designated representative when contacting department employees on City facilities during the duty period of the employees, provided that solicitation for membership or other internal Union business shall be conducted during the non-duty hours of all employees concerned. Pre -arrangement for routine contact may be made with individual department heads and when made shall contin ue until revoked by the department head.

(c) City buildings and other facilities may be made available for use by City Employees of the Union or their representatives in accordance with such administrative procedures as may be established by the City Manager or depart - ment heads concerned.

2.4 Advance Notice

Except in cases of emergency, reasonable advance written notice shall be given to the Union if affected by any ordinance, resolution, rule , or regulation directly relating to matters within the scope of representation proposed to be adopted by the City and shall be given the opportunity to negotiate if requested with the designated management representatives prior to adoption.

In cases of emergency, when the foregoing procedure is not practical or in the best public interest, the City may adopt or put into practice immediately such measures as are required. At the earliest practicable date thereafter , the Union shall be provided with the notice described above and be given an opportunity, if requested, to negotiate changes to said notice with the management representatives designated by the City Manager.

2.5 Attendance at Meetings by Employees

City employees who are official representatives or unit representatives of the Union shall be given reasonable time off with pay to attend meetings with City EXHIBIT 1
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management representatives, or where matters within the scope of representation or grievances are being considered. Such employee representatives shall submit a request for excused absence to their respective department heads, in a manner satisfactory prior to the scheduled meeting whenever possible. Tim e spent for these purposes while a representative is not scheduled to work shall not be compensated by the City and shall not be considered as hours worked. Except by mutual agreement, the number of the employees excused for such purposes shall not exceed three (3) per recognized bargaining unit.

2.6 Maintenance of Membership

All employees in the Water Supervisory Unit who are members of the Union, tendering periodic dues at the execution of this agreement, and all employees who thereafter become members of the Union shall, as a condition of employment, pay dues to the Union for the duration of this MOU, and each year thereafter. For a period of thirty (30) days prior to January 1, 2009, and thirty (30) days prior to any January 1, thereafter, any employee in the aforementioned unit who is a member of the Union shall have the right to withdraw from the Union discontinuing dues payments and retain employment in the City . Said withdrawal shall be communicated by the employee in writing to the City. The provisions of this section shall be operative only to the extent that they are permissible under California law.

2.7 Assignment of Classifications

New job classifications established by the City shall be assigned to the bargaining unit pursuant to Section 8 (b) of the City ’s Employer -Employee Relations Resolution after providing notice and the opportunity to consult with the Union regarding such matters.

2.8 Contract Ratification

Ratification votes for Contract will be handled on City time during the day.

Section 3. Probation

3.1 Purpose

The probationary period shall be utilized for closely observing the employee ’s work, for securing the most effective adjustment of a new employee to a position, and for rejecting any probationary employee whose performance does not meet the required standards of work.

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3.2 Original Entrance and Promotional Positions

All original appointments shall be subject to a probationary period of one (1) year with a review completed after six (6) months from date of original appointment.

Promotional appointments shall be subject to a probationary period of six (6) months. The probationary period for original and promotional appointments will not be extended.

3.3 Retention/Rejection of Probationer

At the end of the probationary period, if the service of the probationary employee has been satisfactory to the appointing authority, the appointing authority shall file with the Director of Human Resources a statement in writing to such effect and stating that the retention of such employee in the service is desired. The City will make a good faith effort to notify a probationary employee two (2) weeks before the end of the probationary period whether or no t regular status is granted; however, a failure on the part of the appointing authority to file such a statement at the end of the probation ary period shall not constitute a rejection of the probationer as defined in Civil Service Rules.

During the probationary period an employee may be rejected at any time by the appointing authority. Any employee rejected during the probationary period following a promotional appointment, shall be reinstated to the position from which promoted unless charges are filed and the employee is discharged in the manner provided in section 6 of this MOU and in the Civil Service Ordinance and Civil Service Rules, which are consistent therewith.

3.4 Alcohol and Drug Testing.

All employees hired into original and reemployed appointments in safety-sensitive positions identified by the City must pass a drug and alcohol screen ing prior to being offered City employment due to positions requiring a commer cial driver’s license or hazardous material certification. This shall include non-represented part- time, seasonal, provisional, and temporary appointments.

Section 4. Layoff

4.1 Layoff

Any employee may be laid off by an appointing authority in the event of the abolition of the employee’s position by the City Council, or if a shortage of work or funds requires a reduction in personnel.

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4.2 Layoff Scope

(a) Layoffs shall be within departments of the City.

(b) Departments of the City are defined as follows:

(1) Administrative Services
(2) City Attorney
(3) City Auditor
(4) City Clerk
(5) City Manager
(6) Community Development
(7) Community Services
(8) Economic Development
(9) Fire
(10) Human Resources
(11) Information Technology
(12) Municipal Utilities
(13) Police
(14) Public Works

4.3 Notice of Layoff

The City will give advance written notice of at least one (1) pay period to employees who will be laid off.

4.4 Precedence by Employment Status

(a) No regular status employees shall be laid off while employees working in an extra help, seasonal, temporary, provisional, or probationary status are retained in the same classification as such regular status employee. The order of layoff among employees n ot having regular status shall be according to the following categories:

(1) extra help or seasonal
(2) provisional
(3) temporary
(4) probationary

Layoffs shall be by job classification according to reverse order of seniority as determined by total service in that class , except as specified above. For the EXHIBIT 1
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purpose of this procedure part-time classes shall be considered as separate from regular full-time classes.

The following provisions shall apply in computing total continuous service:

(1) Time worked in a regular status or probationary
status shall count as service.
(2) Time spent on military leave shall count as
service in the event the leave was taken
subsequent to entry.
(3) Time worked in an extra help, seasonal,
provisional, temporary, grant or other limited
term status shall not count as service.

If two (2) or more employees have the same seniority, the order of seniority shall be determined by their respective ranking on the eligibility list for hire.

If two (2) or more employees have the sam e seniority, but were not hired from a ranked eligibility list, the order of seniority shall be determined by lot.

If two (2) or more employees have the same seniority, but were hired from separate ranked eligibility lists, the order of seniority shall be determined by lot.

(b) Any employee in the Water Supervisory Unit who is laid off may complete a City employment application for any position currently staffed by a part time, provisional, or temporary employee. The Human Resources Department will evaluate the employment application. If the laid off employee meets the minimum qualifications of that position, they shall have the option of displacing the part time, provisional, or temporary employee.

4.5 Employee Options

Employees laid off shall have any of the following choices:

(a) Displacing the employee in the same department and in the same or clearly comparable classification as determined by the Director of Human Resources as having the least seniority in that classification. This option shall be exercised before any other option.

(b) Taking a voluntary demotion within the department to a classification in which the employee had prior regular status, thus displacing the employee working in the classification who has the least seniority in that classification.

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4.6 Health and Welfare Benefits during Layoff

Regular status employees who are laid off will have an option of maintaining their existing health and welfare benefits for thirty -six (36) months from the date of layoff, provided timely payme nts of the premiums by the employee are made to the City, according to City regulations, and provided the employee otherwise meets the requirements of Federal and State regulations.

Section 5. Reemployment
(a) The name of each employee who is laid o ff in accordance with section 4 shall be placed at the head of the eligibility list for the class of positions which that employee held, and shall be given preference in filling vacancies in that class.

(b) An employee laid off in accordance with this section shall be placed on the eligibility list or lists for any lower or comparable class or classes in the same department, provided that the appointing authority and the department head in charge of this lower or comparable class determine that the employee is competent to perform the duties thereof in strict accordance with the class specifications. This right of a laid off employee shall remain effective for two (2) years from the date of latest separation from the service. The employee shall not be placed on said eligibility list or lists without first submitting a written request. Employee’s place on said list or lists shall be at the head of the eligibility list for the class of positions for which qualified as hereinabove set forth and shall be given preference in filling vacancies except for those persons placed on said list or lists of re employment in the same positions previously held. An employee who waives reemployment to a full time position three (3) times shall have their name removed from this reemployment list unless mutually agreed to by the Department and employee.

Upon certification for appointment to a new position never having been held by this employee, the probationary period must be completed as required in this MOU.

Section 6. Discipline
Disciplinary action, including discharge, suspension, reduction in pay or demotion, may be taken against any employee for cause.

Expungement of records will be considered in accordance with the City’s Progressive Discipline Policy, HR-08. Memorandums of Discussion or Correction maintained in Department files may be requested to be removed, subject to the Department Head’s approval.

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6.1 Pre-disciplinary Rights

An employee facing potential disciplinary action will be entitled to the following pre- disciplinary rights:

(a) Notice of proposed discipline.

(b) Date(s) proposed discipline will be effective.

(c) Reasons for the proposed discipline, the specific grounds and particular facts upon which the action is taken.

(d) Ten (10) calendar days in w hich an employee or the representative may respond either orally or in writing to the department head.

(e) The employee must be provided with any written materials, reports and documents upon which the action is based.

6.2 Administrative Leave

The City may place an employee on administrative leave with pay pending the completion of the pre-disciplinary process.

6.3 Provisions

The appointing authority may discharge, suspend, or demote any employee in the classified service provided the Stockton Municip al Code provisions and the rules and regulations of the Civil Service Commission and any applicable provisions of law are followed. Such provisions allow the employee suspended, demoted or discharged to appeal such action. The employee may take only one (1) of the following actions:

(a) File no appeal.

(b) File an appeal with the Civil Service Commission within ten (10) calendar days of written notification of the action. (Such filing will foreclose use of the grievance procedure.)

(c) File a grievance as provided for in section 7 within ten (10) calendar days of written notification of the action.

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If the employee fails to do (b) or (c) above within the prescribed time frames, these rights will have been waived.

Section 7. Grievance Procedures

7.1 Definition

A grievance is any dispute which involves the interpretation or application of those rules, regulations and resolutions which have been, or may hereafter be, adopted by the City Council to govern personnel practices and working conditions, including such rules, regulations and resolutions as may be adopted by either the City Council or the Civil Service Commission to affect Memoranda of Understanding which result from the meeting and conferring process.

7.2 Filing Deadline

(a) No grievance involving demotion, suspension, discharge or other employment penalty will be entertained unless it is filed in writing with the Director of Human Resources within ten (10) calendar days of the time at which the affected employee received written notific ation of such action. All other grievances must be filed within thirty (30) calendar days from the time the employee knew or had reason to know of the facts giving rise to the grievance.

(b) With written consent of the Director of Human Resources or their designee and the Union Business Agent or their designee, time limits may be extended and/or Steps 1, 2 and/or 3 of the Grievance Procedure waived.

7.3 Grievance Processing

(a) Step 1 - Departmental Review. Any employee claiming to have a grievance may discuss the complaint with such management official in the department where employed as the department head may designate. If the issue is not resolved within the department within twenty (20) working days from the day of presentation or if the employee elects to submit the grievance directly to the Union recognized as the representative of that employee's classification, or if the employee/Union official notifies the Director of Human Resources, in writing, that a grievance exists, the procedure hereinafter specified may be invoked.

(b) Step 2 - Director of Human Resources Review. If the employee is not satisfied with the response at Step one (1), then the employee may appeal the grievance to the Director of Human Resources within twenty (20) calendar days of the receipt of written response at Step one (1). Such appeal must state with particularity: 1) the specific policy, rule, or provision which is alleged to have been EXHIBIT 1
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violated; 2) the statement of facts comprising the violation; and 3) the requested remedy. The Union may file and process grievance(s) on behalf of the specifically named employee. The Director of Human Resources shall have twenty (20) working days (in which the Human Resources Office is open) to investigate the issues, meet with the complainant , and attempt to reach a satisfactory resolu tion of the problem. No grievance may be processed under the following two (2) paragraphs which has not first been filed and investigated in accordance with this paragraph, except for the resolution of compensation complaints.

(c) Step 3 - Arbitration. If the parties are unable to reach a mutually satisfactory accord on the grievance at Step two (2) within twenty (20) calendar days either the Union or the City may require that the grievance be referred to an impartial arbitrator mutually selected by the parties, or if the parties are unable to mutually agree, from a list of seven (7) arbitrators provided by the State Conciliation Service.

The arbitrator shall be chosen by the alternative strike method, with first choice being determined by lot. The fees and expenses of the arbitrator and of a court reporter shall be shared equally by both parties. Each party, however, shall bear the cost of its own presentation, including preparation and post hearing briefs, if any.

(d) Effect of Decision. Decisions of arbitrators on matters properly before them shall be final and binding on the parties hereto except as provided otherwise herein.

7.4 Scope of Arbitration

(a) No arbitrator shall entertain, hear, decide or make recommendations on any dispute unless such dispute involves a position in a unit represented by the Union and unless such dispute falls within the defini tion of a grievance as set forth in section 7.1.

(b) Proposals to add to or change this MOU or written agreements or addenda supplementary hereto shall not be arbitrable and no proposal to modify, amend or terminate this MOU, nor any matter or subject arising out of or in connection with such proposal, may be referred to arbitration under this section. No arbitrator selected pursuant to this section shall have the power to amend or modify this MOU or written agreements or addenda supplementary hereto or to establish any new terms or conditions of employment.

No changes in this MOU or interpretations thereof (except interpretations resulting from arbitration proceedings hereunder) will be recognized unless agreed to by the Director of Human Resources and the Union.

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7.5 Other Provisions

If the Director of Human Resources or City M anager, in pursuance of the procedures outlined above, resolve a grievance which involve s suspension or discharge, they may agree to payment for lost time or to reinstatement with or without payment for lost time, but in the event the dispute is referred to arbitration and the arbitrator finds that the City had cause to take the action complained of, the arbitrator may not substitute their judgment for the judgment of management and if the findings are that the City had such right, the arbitrator may not or der reinstatement and may not assess any penalty upon the City.

Complaints which allege the employee is not being compensated in accordance with the provisions of this MOU shall be considered as grievances and processed pursuant to section 7.3. Any other matters of compensation are to be resolved in the meeting and conferring process and if not detailed in the MOU which results from such meeting and conferring process shall be deemed withdrawn until the meeting and conferring process is next open for suc h decision. No adjustment shall be retroactive for more than one-hundred and eighty (180) calendar days from the date upon which the complaint was filed.

Specified time limits may be modified only in writing. All appeals and responses must be provided in writing.

A grievant will be provided release time without loss of pay for all required meetings with management. The City cannot discriminate or retaliate in any manner against an employee for filing a grievance or exercising rights under this Section.

The provisions of this section shall not abridge any rights to which an employee may be entitled under the Stockton Municipal Code and/or Civil Service Rules and Regulations, nor shall it be administered in a manner which would abrogate any power which, under the Stockton Municipal Code, may be within the sole province and discretion of the Civil Service Commission.

All grievances of employees in units represented by the Union shall be processed under this section. If the Stockton Municipal Code and/or the Civil Service Rules and Regulations requires that a differing option be available to the employee, no action under paragraph (c) of subsection 7.3 above shall be taken unless it is determined that the employee is not utilizing such option.

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No action under paragraph (c) of subsection 7.3 above shall be taken if action on the complaint or grievance has been taken by the Civil Service Commission or if the complaint or grievance is pending before the Civil Service Commission.

If any award by an arbitrator requires action by the City Council or the Civil Service Commission before it can be placed in effect, the City Manager and the Director of Human Resources will recommend to the City Council or the Civil Service Commission, as appropriate, that it follow such award.

Section 8. Leaves

8.1 Vacation Leaves

Employees accrue vacation leave per pay period with pay in accordance with the following schedules:

(a) FLSA Non-Exempt Employees

Months of Continuous Service Hours Per Pay Period
Less than eighteen (18) 3.08
Eighteen (18) or more but less than ninety
(90)

4.15 Ninety (90) or more but less than 180 5.54
180 or more but less than 300 7.27
More than 300
Additional .27 hours for each
additional year of completed
service in excess of 25 years

(b) FLSA N on-Exempt Employees Maximum Vacation Accrual .

Employees reaching the maximum hours will stop accruing additional hours until they are below the caps listed below.

Maximum Vacation Accrual Caps

40 hour employee
Under 1.5 yrs 120 hours

1.5-7.5 yrs 240 hours

7.5-15 yrs 280 hours
15-25 yrs 320 hours
26 yrs 328 hours
27 yrs 336 hours
28 yrs 344 hours
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29 yrs 352 hours

For every year of service beyond twenty-nine (29), the employee is allowed to add an additional seven (7) hours to the maximum accrual cap.

(c) FLSA Exempt Employees

Months of Continuous Service Hours Per Pay Period
Less than eighteen (18) 4.62
Eighteen (18) or more but less than ninety
(90)

5.69 Ninety (90) or more but less than 180 7.23
180 or more but less than 300 8.81
More than 300
Additional .27 hours for each
additional year of completed
service in excess of 25 years

(d) FLSA Exempt Employees Maximum Vacation Accrual. Employees reaching the maximum hours will stop accruing additional hours until they are below the caps listed here.

Maximum Vacation Accrual Caps

40 hour employee
Under 1.5 years 200 hours

1.5 – 7.5 years 320 hours

7.5 – 15 years 360 hours
15 – 25 years 400 hours
25 years 408 hours
26 years 416 hours
27 years 424 hours
28 years plus 7 hours each additional year

(e) Vacation Sellback.

During the month of December, employees may make an irrevocable election to cash out up to thirty (30) hours of vacation leave for the succeeding calendar year. Employees that cash out a portion of their vacation accrual will be paid on the first check in December of the following calendar year. Payments are subject to all applicable payroll t axes and withholding.

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(f) Vacation Cash Out Upon Separation.

An eligible employee separating from City se rvice for any reason who has unused vacation time shall be paid for such vacation time up to the effective date of the last day of employment with the City. Payment for unused vacation shall be made at the straight time rate of pay. Payment for the unused vacation hours shall be paid post separation date at no later than the second regularly scheduled pay period pay date following separation.

(g) Vacation Scheduling.

Vacation leaves will be scheduled so that they will not interfere with the normal operation of the City’s business and with due consideration for the wishes of the employee. Each division will prepare its vacation schedule and distribute to all employees.

8.2 Sick Leave

(a) Accrual. All regular status full-time employees , except provisional , and temporary employees, shall accrue sick leave at the rate of eight (8) hours for each month of completed service.

All regular status employees, except provisional , and temporary employees, scheduled to work less than a full month shall accrue sick leave on a prorated basis. Unused sick leave shall accrue from year to year. Employees shall continue to accrue sick leave while off duty on authorized sick leave; provided, however, an employee shall not accrue sick leave during any leave or leaves of absence without pay granted to the employee.

(b) Usage. Employees are entitled to sick leave pay for those days which the employee would normally have worked, to a maximum of the hours accrued, described as:

Preventive medical, dental, optical care, illness, injury or exposure to contagious disease which incapacitates the employee from performing normal work duties.

This includes disabilities caused or contributed by pregnancy, miscarriage, abortion, childbirth and recovery therefrom.

(c) Family Sick Leave . Employees may utilize up to one -half (1/2) of their annual sick leave accrual in the case of illness or injury in the employee's immediate family when such illness or injury requires personal care.

Such leave shall be restricted to the employee's parents, spouse, mother -in-law, father-in-law, child, stepchild, brother, sister, brother -in-law, sister -in-law, EXHIBIT 1
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grandparent, grandchild, legal depend ent, registered domestic partner , and “designated person.” For purposes of paid sick leave, a “designated person” means “a person identified by the employee at the time the employee requests paid sick leave.” An employee may select one person as a “designated person” in a twelve (12) month period.

In special cases, with the approval of the Director of Human Resources, a department head may grant the use of sick leave in other circumstances.

It is not the intent of this provision to conflict with any state or federally mandated policies, such as the Family Medical Leave Act (FMLA), the California Family Rights Act (CFRA), or Pregnancy Disability Leave (PDL).

(d) Reporting Procedures for Sick Leave. When the requirement for sick leave is known to the employee in advance of the absence (for example, including but not limited to scheduled medical, dental or vision appointments), the employee shall request authorization for such sick leave from the de partment head prior to such absence. In all other instances, the employee shall notify their supervisor as promptly as possible of his/her absence.

(e) Verification Procedures

(1) Before being paid for the use of accrued sick leave, the employee shall submit a signed statement to the department head, on a prescribed form, stating the dates and hours of absence, the exact reason, and such other information as is necessary for the request to be evaluated. If an employee doesn't return to work prior to the preparation of the payroll, other arrangements may be made with the department head.

(2) Doctor's Certificate or Other Proof . The employee’s department head may require a doctor’s certificate or other reasonable proof of illness as they deem necessary in order for an employee to receive an excused absence from work and sick leave pay. The employee shall be given notice prior to returning to work that they will be required to provide such documentation. Employees who have unscheduled absences due to illness on a scheduled work day preceding or following a holiday may be required to bring a doctor’s certificate or other reasonable proof of illness in order to receive an excused absence and sick leave pay. If an employee’s illness results in an absence from work for more than three (3) consecutive days, a doctor’s certificate or other reasonable proof of illness may be required.

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sick leave and require additional verification.

(f) Use of Sick Leave While on Vacation. An employee who is injured or who becomes ill while on vacation may be paid for sick leave in lieu of vacation provided that the employee:

(1) Was hospitalized during the period for which sick leave is claimed, or

(2) Received medical treatment or diagnosis and presents a statement indicating disabling illness or injury signed by a physician covering the period for which sick leave is claimed.

(g) Payment for Unused Sick Leave for Unit Employees . Effective February 17, 2012, all accumulated or future accruals of sick leave shall have no cash value upon separation of employment and employees shall not be allowed to cash out unused sick leave except as provided below.

(h) CalPERS Service Credit for Unused Sick Leave. Employees shall be eligible for CalPERS service credit for any unused sick leave at retirement not otherwise compensated for in (i) below. Employees hired on or after December 29, 2012 shall not be eligible for this service credit.

(i) Sick Leave Retention Benefit. If, after subtracting the equivalent of one (1) full year of service credit (2080 hours), which may be applied to CALPERS service credit, any balance remaining up on separation shall be paid as follows to employees who have remained in City service until the dates specified:

(1) Separation prior to July 1, 2014, no payment of unused sick leave at separation shall occur for separating employees before this date;

(2) Separation between July 1, 2014 and June 30, 2015, payment of unused sick leave which the employee held on February 16, 2012 shall be paid at thirty-five percent (35%) of its cash value to separating employees between these dates; and

(3) Separation after July 1, 2015, payment of unused sick leave which the employee held on February 16, 2012 shall be paid at fifty percent (50%) of its cash value to separating employees after this date.

(4) Service credit for unused sick leave shall be in accordance with PERS regulations.

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8.3 Other Leaves with Pay

(a) Bereavement Leave. In the event of a death in the immediate family of an employee, the employee shall, upon request , be granted up to three (3) days bereavement leave with pay without charge to their accumulated sick leave. The employee shall, upon request, be granted an additional two (2) days bereavement leave which shall be charged against the employee’s accumulated sick leave or annual leave. For the purposes of this paragraph, the immediate family shall be restricted to the employee’s parents, spouse, mother -in-law, father-in-law, child, stepchild, brother, sister, brother -in-law, sister -in-law, grandparent, grandchild, and registered domestic partner.

In the event of the death of a person not immediat ely related to an employee as defined above, the employee's department head may grant up to three (3) days bereavement leave, upon request, which shall be charged against the employee's accumulated sick leave or annual leave.

Bereavement Leave will not be counted against the employee under the City’s absence control policy when evaluating the employee’s work performance. If the deceased is the person who is the employee ’s current “designated person” for purposes of family sick leave pursuant to Section 8.2(c), the request to use sick leave or annual leave shall not be unreasonably denied.

(b) Court Appearance. Upon approval by the department head, an employee, other than a provisional or temporary employee, shall be permitted authorized absence from duty for appearance in Court because of jury service, in obedi ence to subpoena or by direction of proper autho rity, in accordance with the following provisions:

Said absence from duty including necessary travel time, will be for actual hours served on jury duty or testif ying as a witness in a criminal case, other than as a defendant. This shall include the time from when the employee is ordered to appear until the time the employee is released from the court. As a condition of receiving such pay, the employee must remit to the City, through the employee's department head, within fifteen (15) days after receipt, all fees received except those specifically allowed for mileage and expenses.

If an employee is not due to appear for jury duty or as a witness until an afternoon court session, the employee will be expected to work their usual morning schedule.

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before noon and not required to return in the afternoon, the employee will be expected to work his usual afternoon schedule.

Said absence from duty will be without pay when the employee appears in private litigation to which the City of Stockton is not a party.

Any fees allowed, except for reimbursement of expenses incurred, s hall be remitted to the City through the employee's department head.

Notwithstanding the foregoing, attendance in court in connection with an employee's official duties or on behalf of the City of Stockton in connection with a case in which the City of Stockton is a party, together with travel time necessarily involved, shall not be considered absent from duty within the meaning of the section.

(c) Military Leave. An employee of the City who is a member of the National Guard or Naval Militia or a member of the Reserve Corps or Force of the Federal Military, Naval or Marine Service and is ordered to duty shall be granted leave with pay while engaged therein, provided the leave does not exceed thirty (30) days in any calendar year.

All regular status employees in the service of the City shall be allowed leave of absence without pay for duration of a national emergency who have been inducted into the Army, Navy, Marine Corps, Air Force or any other branch of the Military Service of the United States or the State of California. Said employees shall be reinstated in the position they held when they were inducted into Military Service, except as hereinafter stated, providing they are physically fit as shown by a medical examination by the City Physician or other physician appointed to make a medical examination.

In the case of a probationary employee having served a minimum probationary period of six (6) months at the time of induction, it shall be optional with the department head and the Director of Human Res ources to grant regular status to said employee before induction.

All probationary employees inducted into Military Service not having served the minimum probationary period of six (6) months, or having served the minimum probationary period of six (6) months, but not having received regular status shall be allowed a leave of absence without pay for the duration of a national emergency, but said employees shall be placed at the head of the eligible list for such position in the order of their seniority of employment and when appointed to a vacant position, they must be physically fit as above specified and shall serve EXHIBIT 1
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the balance of their probationary period before attaining the status of a regular status employee.

Two (2) or more regular status employees granted a military leave of absence without pay from the same position shall be reemployed according to their seniority of employment providing they are physically fit as above specified.

8.4 Workers' Compensation Leave

(a) Benefits. Workers’ Compensation benefits shall be provided in accordance with State law, whenever an employee is absent from duty because of disability caused by illness or injury which has been declared to be compensable under the Workers’ Compensation Law. An employee on Workers’ Compensation may use accrued leave, if needed, to supplement benefits, up to the amount required to receive a full paycheck.

(b) Forms and Procedures . Workers’ compensation processing shall be consistent with City procedures and in accordance with state workers’ compensation regulations. An employee who sustains a work -related injury or illness shall immediately inform their supervisor no matter how minor an on -the- job injury may appear. An employee who sustains a work -related injury or illness is required to seek medical care at facilities designated by the City unless they have filed a pre -designation of personal physician prior to sustaining the work - related injury or illness. For a list of City designated medical care facilities and/or physicians, please contact the Human Resources department.

8.5 Leave of Absence

(a) Entitlement. Employees shall not be entitled to a leave of absence as a matter of right, but only in accordance with the provisions of law and the City of Stockton Municipal Code. Unless otherwise provided, the granting of a leave of absence also grants to the employee the right to return to a position i n the same classification or equivalent classification, as the employee held at the time the leave was granted. Leaves of absence are subject to eligibility in accordance with state and federal guidelines. The granting of any leave of absence shall be based on the presumption that the employee intends to return to work upon the expiration of the leave.

(b) Approval. All leaves of absence without pay must be pre -approved by the department head and filed with the Human Resources Department. No such leave may extend beyond twelve (12) months, except in the case of absence due to job incurred disability where a determination may be made based upon the needs of EXHIBIT 1
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public service, or in the event an application for service connected disability retirement has been filed.

(c) All leaves without pay must be recommended by the department head and approved by the Director of Human Resources. Leaves of absence approved in accordance with state and federal guidelines may be taken without pay for illness following the exhaustion of accrued sick, vacation, and other accrued leave hours.

(d) City payment of premium shall end on the last day of the month in which the employee was paid except that employees on an authorized leave of absence may continue enrollment in the City health and dental insurance plan by prepayment of the monthly premium during the authorized leave of absence.

(e) Authorized absence without pay which exceeds thirty (30) consecutive calendar days, except military leave, shall not be included in determining salary adjustment rights, based on length of employment. Periods of time during which an employee is required to be absent from their position by reason of an injury or disease for which they are entitled to and currently receiving Workers' Compensation benefits shall be included in computing length of service for the purpose of determining that employee's salary adjustment.

8.6 Absence Without Official Leave (AWOL)

(a) Failure to Report to Duty or Failure to Return after Leave. Failure to report for duty or failure to report for duty after a leave of absence request has been disapproved, revoked, or canceled, or at the expirat ion of a leave, shall be considered an absence without official leave and shall be subject to discipline.

(b) Voluntary Resignation. Any employee absent without official leave for two (2) or more consecutive scheduled days without a satisfactory explanation as approved by the Director of Human Resources shall be deemed to have voluntarily resigned from the City of Stockton. An employee must provide a written statement to the Human Resources Department regarding a "satisfactory explanation", within ten (10) calendar days after the City mails a notice of voluntary resignation to the employee's last known address.

8.7 Parental/Adoption/Pregnancy Leave

Family medical leaves shall be in accordance with the Family Medical Leave Act (“FMLA”) of 1993, the California Family Rights Act (“CFRA”), or Pregnancy Disability Leave (“PDL”), and/or other applicable state and federal laws.

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Section 9. Days and Hours of Work

9.1 Workweek

The forty (40)-hour workweek shall be from Sunday at midnight through the following Saturday at midnight. The 9/80 workweek shall be from Friday at middle of regular shift through the following Friday at middle of regular shift.

9.2 Meal Periods and Rest Periods

(a) Employees shall receive a one (1) hour or one -half (1/2) hour meal period, without pay, each day and a fifteen (15) minute paid rest period during the first half of the work day and a second fifteen (15) minute paid rest period during the second half of the work day.

(b) Where operational requirements of a depart ment require deviations from this schedule, meal periods of other durations and alternate rest periods may be instituted with the approval of the Department Head or Designee.

Section 10. Overtime

10.1 Overtime Authorization

All compensable overtime m ust be authorized by the depart ment head or their designated representative in advance of being worked. If prior authorization is not feasible because of emergency conditions, a confirming authorization must be made on the next regular working day followi ng the date on which the overtime was worked.

10.2 Definition

The following provisions pertaining to authorized or statutorily required overtime work shall apply to non- FLSA exempt employees:

(a) Statutory overtime shall be paid on time worked in excess of forty (40) hours in any seven (7) day FLSA workweek. Such overtime sh all be paid at one and one-half (1-1/2) times the employee’s regular rate of pay . Observed holidays, floating holidays, jury duty leave, bereavement leave, vacation, and sick leave are considered as time worked for overtime calculation purposes.

(b) The City may require mandatory overtime when operational needs of the City dictates the need to work such overtime. Work in excess of forty (40) hours worked as defined in (a) above in any workweek that qualifies for overtime will EXHIBIT 1
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be paid or taken as Compensatory Time-off (CTO) in accordance with section

10.5(b).

(c) Temporary Upgrade Pay.

Employees who are not FLSA exempt and are assigned to work overtime in a position or classification other than the position or classification to which they are permanently appointed to, will be paid overtime at the hourly rate attached to the position or classification in which they are performing such overtime work.

10.3 Standby Pay

When warranted and in the interest of City operation, department heads or designee may assign employees to "standby" status.

(a) Application of "standby" shall be as follows:

(1) Each employee assigned to "standby" shall be provided with a communication device while on standby and shall be able to report to the work site with best efforts within thirty (30) minutes; in no event longer than forty-five (45) minutes.

(2) Employees on standby shall have the option to trade hours of standby status with another qualified employee in the same unit or division with departmental approval.

(3) Standby shall be assigned in a minimum of eight (8) hours.

Standby for weekends i.e., Saturday, Sunday or extended holiday weekends (Friday – Sunday, or Saturday – Monday) will be assigned eight (8) – forty-eight ( 48) hour blocks to one (1) person per weekend (up to seventy-two (72) hours for holiday weekend).

(b) Compensation of "standby" shall be as follows:

(1) Employees assigned to standby duty shall be paid four dollars ($4.00) per hour, while assigned to be on standby. An employee shall not continue to receive the “standby” premium during actual time worked, or for any hours paid as overtime or call back. Standby is not considered as time worked for purposes of calculating overtime.

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10.4 Call Back

Employees who are called back to physically return to work from off duty status, shall be compensated for a minimum of two (2) hours and forty -five (45) minutes of pay.

When authorized by the department, employees who are contacted and who provide remote support via telephone, internet, or network connection will be paid for time worked in fifteen (15) minute intervals . Intervals cannot be compounded or overlapped.

To be eligible for call-back pay, all of the following conditions must be met:

(a) The call -back must occur outside of the employee’s regular work hours.

(b) The call-back time worked must not be contiguous to the employee’s regular work hours.

10.5 Compensatory Time Off (CTO)

(a) Definition. As used in this section, t he term CTO refers to that time which an employee is entitled to be absent from duty with pay for hours worked in addition to or excess of their normal work schedule.

(b) Accrual. For hours worked in excess of forty (40) hours in a seven (7) day work period as defined in section 10.2(a), CTO shall be earned at the rate of time and one-half (1-1/2).

(c) Use. Use of C TO shall be scheduled with the due consideration for the wishes of the employee and so as to not interfere with the normal operation of City business. Approval of request for use of C TO shall be at the sole discretion of the department head, but once approved, cannot be changed unless an emergency situation arises.

(d) Payment. Once one hundred (100) hours of CTO is accrued on the books, all other hours worked in excess of forty (40) hours in a seven (7) day work period will automatically be paid at the employee’s regular rate of pay . At the end of each calendar year, all C TO will be carried forward (forty (40) hours maximum), unless the employee elects to have the compensatory balance paid. Carryover CTO cannot exceed the forty (40) hours maximum.

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Any CTO balance in excess of forty (40) hours remaining at the end of the calendar year will automatically be paid unless the employee submits the Compens atory Time Deferral f orm to Payroll by November 1 st. In order for the employee to be eligible for this option, they must have at least one (1) pre-approved scheduled day off in December. If the employee is unable to take days off as planned in December, the payout will occur in January.

10.6 Meal Allowance

The City shall provide a meal allowance of fifteen dollars ($15.00) for an employee who is held over and works a minimum of four (4) hours. Employees called back to work or called back from a day off with less than two (2) hours’ notice shall qualify for the fifteen dollar ($15.00) meal allowance when they work a minimum of four (4) hours. Extension of the work schedule or call -back must be properly authorized by the employee's supervisor or other designated personnel.

Section 11. Holidays

11.1 Qualifying for Holiday Pay

All regular status employees, excluding provisional, temporary, and part -time employees, shall be entitled to take the holiday benefit at full pay not to exceed the employee’s regular work day for any one (1) holiday. For an employee working on a 4/10, 9/80 or 12 -hour work day plan, holidays shall be paid equivalent to the employee’s regularly scheduled work hours (e.g. 9 hours for 9- hour day or 8 hours on an 8 -hour day on the 9/80 schedule, or 12 hours of holiday pay for 1 2-hour shift).

11.2 Holidays Observed by the City

The City observes the following holidays on the dates indicated:

(1) January 1………… .................................................................. New Year’s Day (2) Third Monday in January (FLOATING) ..........Martin Luther King Jr.'s Birthday (3) Second Monday in February (FLOATING) .......................... Lincoln's Birthday (4) Third Monday in February (FLOATING) ....................... Washington's Birthday (5) Last Monday in May ................................................................... Memorial Day (6) July 4 .................................................................................. Independence Day (7) First Monday in September .............................................................. Labor Day (8) Second Monday in October (FLOATING).................. Indigenous Peoples Day (9) November 11 ............................................................................. Veteran's Day (10) Fourth Thursday in November .................................................... Thanksgiving (11) The Friday after Thanksgiving
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(12) December 25 ............................................................................ Christmas Day

For positions that observe holidays, employees accr ue floating holiday hours equivalent to two (2) workdays annually on the first full pay period to a maximum of two (2) workdays. Floating holidays must be utilized in full day increments. Upon separation, unused floating holiday hours will be paid out at the employee’s current straight time rate of pay.

For employees on a Monday through Friday workweek, if a fixed holiday falls on a Sunday, the following Monday will be observed. If holidays fall on a Saturday, the preceding Friday will be observed. For employees who work in a division staffed for twenty -four (24) hour operations, fixed holidays that fall on a Saturday or Sunday will be observed on Saturday or Sunday respectively.

To receive Holiday Pay, the employee must work or be on a pre -approved paid status the day before and the day after the holiday, unless it is the employee’s regularly scheduled day or hours off.

An employee who takes a holiday off on a normally scheduled work day will receive a regular work day worth of holiday pay at their regular rate of pay, and the holiday hours count as time worked for FLSA overtime calculation purposes.

A holiday that falls on an employee’s normally scheduled day off will receive a regular work day worth of holiday pay at their regular rate of pay, however the holiday hours will not be counted as time worked.

If an employee works on a holiday, the employee will receive a regular work day worth of holiday pay at their regular rate of pay, actual hours worked will be paid at the time and one half (1-1/2) and holiday hours will not be counted as time worked.

If an employee works only partial hours on a holiday, partial holiday hours will be counted as time worked for FLSA overtime calculation purposes ( up to the employee’s normal work day).

11.3 Compensation for Holidays Worked

Prior approval for holiday work must be secured from the department head except in emergency situations where said approval cannot be obtained beforehand.

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Section 12. Compensation and Allowance Other Than Base Salary

12.1 Public Employee s’ Retirement System (P.E.R.S.) Benefits for Unit Employees Hired on or before December 28, 2012

(a) The City will pay seven percent (7%) of the employee's current base salary (employee's contribution) and other compensation as qualified by State law towards the (P.E.R.S.). Such amounts will be applied to the employee's individual account in accordance with California Government Code section 20691 unless modified below.

(b) The City's P.E.R.S. retirement plan is two percent (2%) at age fifty-five (55).

(c) The City's P.E.R.S. retirement plan is modified to reflect California Government Code section 21024 (Military Service Credit as Public Service) and section 21027 (Military Service Credit for Retired Persons) effective upon adoption by Stockton City Council and Board Administration of the P.E.R.S.

(d) The City will provide P.E.R.S. California Government Code Section 20692 (Employer Paid Member Contributions Converted to Payrate during the Final Compensation Period) as added P.E.R.S. benefit. At the beginning of the employee’s last year of employment, the employee will pay their employee’s seven percent (7%) benefit cost through an automatic payroll deduction. The City will increase the base salary for those employees by the same additional contribution above the seven percent (7%), if any, for the last twelve (12) months of employment. Internal Revenue Service (IRS) Code 4 14H(2) will be concurrently implemented with P.E.R.S. California Government Code section 20692, to be effective upon adoption by the Stockton City Council and P.E.R.S. Administration Board.

(e) The City will provide P.E.R.S. California Government Code section 20965 (Credit for Unused Sick Leave) as added P.E.R.S. benefits, to be effective upon adoption by the Stockton City Council and P.E.R.S. Administration Board.

(f) The City will provide P.E.R.S. California Government Code section 21574 (Fourth Level of 1959 Survivor Benefits) as added P.E.R.S. benefits, to be effective upon adoption by the Stockton City Council and P.E.R.S.

Administration Board.

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(g) The City will provide P .E.R.S. California Government Code section 21335 up to a five percent (5%) Annu al Cost -of-Living Allowance, as added P.E.R.S. benefit.

(h) Effective August 1, 2011, in consideration of (a) above, employees hired on or before December 28, 2012 shall pay seven percent (7%) of the employee’s current base salary (employee contribution) and other compensation as qualified by state law towards the Public Employees’ Retirement System (P.E.R.S.) employer’s share of cost for P.E.R.S. pension on a post-tax basis in the form of a payroll deduction.

12.2 Public Employee s’ Retirement System (P.E.R.S.) Benefits for Unit Employees Hired on or After December 29, 2012

(a) The City amended its contract with P.E.R.S. effective December 28, 2012 to provide a new second tier retirement program of two percent (2%) at sixty (60) with a three (3) year average salary formula and no other additional P.E.R.S benefits for all unit employees hired on or after December 29, 2012.

(b) Employees hired on or after December 29, 2012 shall pay the entire seven percent (7%) of the employee’s current base salary (as the employee contribution) and any other compensation as qualified by state law towards the P.E.R.S. retirement benefit through a payroll deduction.

12.3 Public Employees’ Retirement System (P.E.R.S.) Benefits for Employees hired on or after December 29, 2012

(a) Employees with Reciprocity:

Employees hired on or after December 29, 2012, who had service under another Cal PERS agency or public retirement system with reciprocity prior to January 1, 2013, and a break in service of less than six (6) months and are considered classic employees by P .E.R.S. AB340, shall be subject to the P.E.R.S. pension formula of two ( 2%) at sixty (60) with no optional pension enhancements and the other provisions of the retirement tier they were hired under. Employees hired shall pay the entire seven percent (7%) of the employee’s current base salary (as the employee contribution) and any other compensation as qualified by state law towards Cal PERS retirement benefit through a payroll deduction.
(b) Employees without Reciprocity:

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Employees hired on or after January 1, 2013, shall be subject to the P.E.R.S. AB340 pension formula of two percent (2%) at Sixty-two (62) with no optional pension enhancements and the other provisions of the retirement tier they were hired under. Employees shall pay fifty percent (50%) of the City ’s normal cost rate for the two (2%) at sixty- two (62) as determined by Cal PERS.

12.4 Uniforms

(a) The City shall provide uniforms for all employees assigned to this unit who are required to wear uniforms during the course of work.

(b) Safety Protective Footwear Reimbursement Allowance. Employees required to wear safety protective footwear in accordance with the City Manager’s Administrative Dir ective, HR-34, and approved for safety protective footwear reimbursement, the City will authorize safety protective footwear reimbursement in the amount of three hundred dollars ($300.00) per fiscal year . Employees shall be allowed to use any unused funds towards the purchase of insoles and socks.

12.5 Preventive Shots

Those employees in the Municipal Utilities Department (MUD) whose work assignments involve potential exposure to hazardous wastewater shall, at the employee's option, be pro vided all necessary medical immunization available for the prevention of job incurred illness.

12.6 Special Driver's License Pay

Job classifications requiring a Class A and/or Class B Driver's License or Hazmat endorsement will receive special pay equal to one and one -half percent (1-1/2%) of top step of job classification.

Special Driver's License Pay will only be implemented with the concurrent implementation of the Operating Engineers' Local No. 3 - City of Stockton, Drug/Alcohol Safety Program.

12.7 Longevity Pay

Employees hired before June 30, 2012, who by June 30, 2012, attained twelve (12) years continuous employment with the City receive Longevity Pay in the amount of one and one half per cent (1.5%) of top salary step of the employee’s pay range.

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12.8 Credit Union

The City will accommodate payroll deduction s to Operating Engineers' Local No. 3 Credit Union, within the limitations of City payroll system. Any modification costs will be borne by Operating Engineers' Local No. 3.

12.9 Education, Training and Development

The City will provide internal and external training programs on a wide variety of subjects. Employee participation will be based on subject matter relevance to job requirements, budgetary constraints and workload demands. Any Training programs that employ ees are directed or authorized to participate by their department will be fully paid for by the department. Costs paid by the City include tuition, registration fees, related materials, and mileage/meal reimbursement if the training is not located on City premises.

12.10 Certification, Certification Training and Special Certifications

(a) Certification dues or fees required of employees in their specialized fields of work will be reimbursed by the City at the actual costs. Pre -approved training(s) to maintain a job-related certification will be paid at one-hundred percent (100%) by the City. The City will pay for two (2) attempts at passing the test.

(b) The City will offer a one-time add pay off the salary line for employees who receive State certification for water, wastewater, distribution, or California Water Environment Association (“ CWEA”). All employees are eligible to obtain certification in Water and Wastewater.

Water,
Wastewater

Water Distribution

CWEA
One Time
Add Pay
Grade 5 Grade 4 and 5 Grade 4 $1,000.00
Grade 4 Grade 3 $750.00
Grade 2 $200.00
Grade 1 $150.00

A maximum of two (2) certification levels will be paid by the City in a calendar year to any one (1) employee. Certifications (at State specific levels) will be required for some positions. Loss of certifications shall result in the employee being demoted to the level according to their certification level. The employee will be moved back to their former level if they obtained the necessary certification within 12 months.

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Any employee who loses or is denied a certification shall notify their supervisor within seven (7) calendar days, and shall submit a copy of any notice received from the state or any other agency.

(c) An employee assigned to the wastewater function in the operator series who receives and maintains a level 4 or 5 Wastewater Operator Certification will receive the following quarterly amounts added to their monthly paychecks for each wastewater grade level certification above a grade 3 certification that exceeds the certification level required for the position held.

Any employee receiving such certification pay will perform duties authorized by such certification level as required when necessa ry due to operational needs.

One level above MQ $1,000.00
Two levels above MQ $2,000.00

(d) Effective upon the first full pay period following ratification of this MOU by the Union and approval by the City Council in 2023, an employee assigned to the Water Treatment or Distribution function in the operator ser ies who receives and maintains a level 4 or 5 Water Operator Certification (T or D) will receive the following quarterly amounts added to their bi -monthly paychecks for each grade level certification above a grade 3 certification that ex ceeds the certifi cation level required for the position held. Any employee receiving such certification pay will perform duties authorized by such certification level as required when necessary due to operational needs.

One level above MQ $1,000.00
Two levels above MQ $2,000.00

Any current employee who is receiving this certification pay who does not meet the requirement of being within the operator series of classifications shall be grandfathered in to continue receiving such add pay as long as other requirements are met as described above. Effective upon the first full pay period following ratification of this MOU by the Union and approval by the City Council on its regular agenda in accordance with the Brown Act no additional employees shall receive this certification pay unless all requirements above are met. In addition, any current employees who are receiving this certification pay based upon a certification level which is required for the position held shall have this certification pay reduced accordingly.

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12.11 Mileage Reimbursement for Private Vehicle Use

Employees who use their own vehicle on City business on a consistent and repetitive basis will be compensated at the current Internal Revenue Service (IRS) rate and in accordance with the City Manager's Administrative Directive, MAN-016, Section III.B.

12.12 Use of City Vehicles

Supervisors who perform emergency response and/or standby call -out duty shall have the option of taking home their assigned City vehicle on a daily basis.

Section 13. Insurance Plans and Retirement Benefits

13.1 Reopener Clause for Health Insurance

(a) The Union agrees at the City’s request, to meet and confer on any changes that are within the mandatory scope of bargaining in any City proposals related to its City sponsored medical plans that may be related to the implementation of the Affordable Care Act (ACA).

(b) The City agrees at the request of the Water Supervisory Unit to meet and confer regarding employer benefits and premium contributions should medical/dental/vision insurance premiums for employee -only, employee plus one (1) dependent or employee plus family increase by more than four percent (4%) in any one (1) plan year.

13.2 Health and Welfare Benefits and Trust Fund Plan

(a) Choice of Health Plans . Employees in this bargaining unit shall have a choice of enrolling themselves and their eligible dependents in any of the City sponsored medical, dental and vision plans or Operating Engineer Health and Welfare Trust Fund Plan ( Anthem Plans A, B, C, and D, and Kaiser Plans A B, and A+). The City shall offer two (2) or more medical plans to regular status employees.

(b) Eligibility. Employees shall become eligible for Medical, Dental and Vision insurance on the first day of the month following date of hire . An eligible employee and eligible dependent may be enrolled in a City offered medical plan either as a subscriber in a City offered medical plan or, as the dependent spouse/registered domestic partner or another eligible City employee, but not b oth. If an employee is also eligible to cover their EXHIBIT 1
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dependent child, the child will be allowed to enroll as a dependent on only one (1) employee plan (i.e., an employee and his or her dependent cannot be covered by more than one City-offered health plan).

(c) City Contribution towards the cost of insurance programs.

1) The City shall contribute the following:
• Up to $936.10 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan coverage.
• Up to $1,698.55 per month toward the cost of the monthly premium for employee plus one (1) dependent medical/dental/vision plan coverage.
• Up to $2,263.20 per month toward the cost of the monthly premium for employee plus two (2) or more dependents medical/dental/vision plan coverage.

2) Effective January 1, 2027, the City contributes the following:

• Up to $973.54 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan coverage.

• Up to $1,766.49 per month toward the cost of the monthly premium for employee plus one (1) dependent medical/dental/vision plan coverage.

• Up to $2,353.73 per month toward the cost of the monthly premium for employee plus two (2) or more dependents medical/dental/vision plan coverage.

3) Effective January 1, 2028, the City contributes the following:

• Up to $993.01 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan coverage.

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coverage.

• Up to $2,400.80 per month toward the cost of the monthly premium for employee plus two (2) or more dependents medical/dental/vision plan coverage.

4) Effective January 1, 2029, the City contributes the following:

• Up to $1,012.88 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan coverage.

• Up to $1,837.86 per month toward the cost of the monthly premium for employee plus one (1) dependent medical/dental/vision plan coverage.

• Up to $2,448.82 per month toward the cost of the monthly premium for employee plus two (2) or more dependents medical/dental/vision plan coverage.

These contributions are based on full -time employment; regular part -time employees shall receive a prorated contribution based on their percentage of full-time employment. Insurance plan premiums that exceed the City’s monthly contribution shall be paid by the employee through payroll deductions. The City shall maintain its IRS 125 Plan to allow for employee contributions for medical/vision/dental to be pre-tax premium conversion.

(d) Plan Rules. Employees may insure themselves and their eligible dependents under the medical, vision and dental plans provided by the City, in accordance with the rules and regulations applicable to the selected Plan.

Benefits in the Plan shall be in accordance with the Plan document.

(e) Employees that promote, demote, or transfer from a classification in the Water Supervisors unit to an unrepresented classification shall continue to have the option to retain the Operating Engineers' Local No. 3 Health and Welfare Plan.

(f) Payment of costs for City administrative overhead related to Operating Engineer sponsored plans.

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The City costs to administer the health plans offered to employees and retirees are incorporated into the monthly rates for City sponsored medical, dental and vision insurance paid by the City and the plan partic ipants.

Effective upon the first full pay period following ratif ication of this MOU by the Union and approval by the City Council on its regular agenda in accordance with the Brown Act the City will add to the monthly plan costs for the Operating Engineer sponsored plans offered to employees thos e City administrative overhead costs associated with these plans in addition to the City sponsored plans. Only costs associated with the OE3 plans will be charged to those plans and will be updated each plan year.

13.3 Long Term Disability Insurance

The City shall provide, a t no cost to the employee, long term disability insurance coverage. Plan benefits shall be as described in the Plan document, but shall include:

(a) Each disability - sixty-six and two thirds percent (66 2/3%) of salary up to the maximum salary replacement amount as specified in the City’s long term disability plan.

(b) Disability income payments shall commence after a ninety (90) day waiting period and exhaustion of sick leave accruals.

(c) Benefit payable until age sixty-five (65).

(d) The City shall continue its normal contribution for employee medical premiums during the ninety (90) day waiting period.

13.4 Life Insurance

The City shall provide, at no cost to the employee, a term life and accidental death and dismemberment insurance policy, with a value of fifty thousand dollars ($50,000). In addition, employees shall have the opportunity to purchase additional voluntary life insurance through their union or through the City’s IRS125 vendor.

13.5 State Disability Insurance (SDI)

At the Union’s option, pursuant to procedures established by the state, members may elect to receive State Disability Insurance (SDI) coverage at their own expense. SDI will be coordinated with other benefits.

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14.6 Health Reimbursement Account (HRA)
The City will contribute an amount equal to five and one half percent (5. 1/2%) of the employee’s current base salary into an IRS qualified HRA for each employee to use for reimbursement of current and retiree medical cost reimbursement.

Section 14. Salaries

14.1 Salary Rates

(a) Effective August 23, 2026, employees will receive a two percent (2%) Cost of Living Adjustment (COLA) increase to base pay (Attached is the revised salary schedule including the 2% COLA plus market adjustments).

(b) Effective the first full pay period starting June 27, 2027, employees will receive a two percent (2%) Cost of Living Adjustment (COLA) increase to base pay.

(c) Effective the first full pay period starting June 25, 2028, employees will receive a two percent (2%) Cost of Living Adjustment (COLA) increase to base pay.

14.2 Additional Steps

The salary ranges for all classifications is set forth in the City’s Salary Schedule.

Effective August 23, 2026, the City shall add three additional steps at two and a half percent (2.5%) each step. Consistent with the City’s practice, progression in the additional steps will require one year of paid status within the step prior, (i.e. progression to Step 7 requires 1 year of service in Step 6 and progression to Step 8 requires 1 year of service in Step 7).

14.3 Salary upon Appointment

Except as herein otherwise provided, the entrance salary for a new employee entering the classified service shall be the minimum salary for the class to which appointed. When circumstances warrant, the Director of Human Resource s may approve an entrance salary which is more than the minimum salary for the class to which an employee is appointed. Such a salary may not be more than the maximum salary for the class to which that employee is appointed.

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14.4 Salary Equivalents

Any monthly, daily or hourly rate of pay may be converted into an equivalent rate of pay or to any other time bases when, in the judgment of the City Manager, such a conversion is advisable. In determining equivalent amounts on different time bases the City shall provide tables or regulations for the calculation of payment for service of less than full time, and for use in converting monthly salaries to hourly rates, as well as for calculating hourly rates. Overtime rate and premium pay shall be calculated according to the provisions of the FLSA.

14.5 Salary Step Plan

There shall be up to nine (9) salary steps in each range.

The first step is the minimum rate and shall be the normal hiring rate for the class. (In a case where a person possesses unusual qualifications, the Director of Human Resources may authorize appointment above the first step after receiving the recommendation of the department head.)

Step 2 is obtained after satisfactory completion of six (6) months at the first step, Steps 3 through 9 are obtained after satisfactory completion of one (1) year in the previous step.

If a department head recommends withholding increases to salary steps two (2) through nine (9) because an employee has not achieved the level of performance required, notice must be received by the Human Resources Department at least four (4) weeks in advance of the employee's eligibility date. The affected employee shall be furnished a copy of the department head's recommendation. Failure to abide by the above four -week limitation shall not automatically cause a step increase to be granted; however, if an employee does not receive notice by the actual anniversary date, the increase shall be automatically granted.

Salary step increases will be effective the first day of the pay period following appointment or revision. If the date of appointment or revision is the first day of a pay period, salary step increases shall be as of that date.

Changes in an employee's salary because of promotion, demotion, postponement of salary step increase or special merit increase will set a new salary anniversary date for that employee, which date shall be as stated in the preceding paragraph.

Salary range adjustments for a classification will not set a new salary anniversary date for employees serving in that classification.

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14.6 Salary Step after Military Leave

All employees who have been granted military leave shall, upon their return to the City service, be entitled to the automatic salary advancements within the range of their classification for the period they were in the military service.

14.7 Salary Step When Salary Range is Increased

Whenever the monthly schedule of compensation for a class is revised, each incumbent in a position to which the revised schedule applies shall be entitled to the step in the revised range which corresponds to the employee's step held in the previous range, unless otherwise specifically provided for by the Director of Human Resources.

14.8 Salary Step After Promotion or Demotion

(a) When an employee is promoted from a position in one class to a position in a higher class, and at the time of promotion is receiving base salary equal to, or greater than, the minimum rate for the higher class, that employee shall be entitled to the next step in the base salary of the higher class which is at least five percent (5%) above the employee's current base salary, except that the next step shall not exceed the maximum salary of the higher class. Add pays are not included in the calculation of base salary for purposes of this section. When an employee is promoted into another bargaining unit, the new bargaining unit’s salary on promotion rules shall apply.

(b) When an employee is demoted, whether such demotion is voluntary or otherwise, that employee's compensation shall be adjusted to the salary prescribed for the class to which demoted.

(1) If the salary of the employee is reduced for cause or disciplinary reasons, the employee shall receive the salary at the same step prior to promotion.

(2) If the salary of the employee is reduced through no fault of the employee (i.e., layoff), the salary at demotion shall be at the nearest lower salary to that which was received prior to the demotion.

14.9 Transfer
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An employee may be transferred from a class in one depart ment, or to a position of t he same c lass in another depart ment, or to a comparable class, with the approval of both the employee and Department Heads. In the case of a compa - rable class, the employee must be qualified, as determined by the Director of Human Resources. The Director of Human Resources, in making such a determination, must assure that the maximum salary rate for the classes in question must be equal to or less than the employee’s current top step salary, and shall consider, among other things, whether the employee possesses the minimum qualifications for such class, and is able to demonstrate through education, experience, or successful completion of pertinent tests, that they are qualified for the transfer. If the transfer involves a change from the jurisdiction of one appointing authority to another, both must consent thereto.

14.10 Salary on Reinstatement

If a former employee is reinstated in the same position previously held or to one carrying a similar salary range, the employee's salary shall not be higher than the salary at the time of separation unless there has been an increase within the salary range.

If a former employee is reinstated to a position in a lower class, the employee's salary shall be set at the same step previously held, but in th e pay range of the lower classification.

14.11 "Y" Rate

When an employee's classification is changed to a lower paid classification as the result of a classification study or other action, the employee may be placed on a "Y" rate. A "Y" rate means that the mont hly compensation for the employee shall remain in effect until such time as further changes in the pay range of the new classification exceeds the "Y" rate.

14.12 Acting Pay

Any employee in this unit who is assigned by a supervisor to work in a higher paid classification for two (2) or more hours in one (1) day, shall receive the rate of pay in the step of the higher classification which would have been received if the employee had been promoted into that classification, or at least five percent (5%) more than the employee's salary in the present classification, whichever is greater.

Out-of-class assignment pay during overtime status will commence at the first hour worked.

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14.13 Special Assignment Pay

The department head with the concurrence of the Director of Human Resources may approve additional compensation in an amount not to exceed one (1) additional salary step when an employee is assigned in writing by the supervisor to perform additional duties and responsibilities for the duration of the special assignment.

14.14 Temporary Upgrade Pay
Employees who are assigned to temporarily perform the duties of other employees of a higher level classification shall be paid the hourly or daily rate of the classification to which they are temporarily upgraded. To be eligible for temporary upgrade pay, the employee must perform the full scope of duties of the higher classification and must not perform any of the duties of their own job classification while working in the higher level classification.

14.15 Salary Adjustments

The City recognizes that there may be a need for special salary adjustments for selected classifications as a result of recruitment problems, reclassifications, and/or organizational changes. The City, in its sole discretion, may make such adjustments, but agrees to discuss with the Union.

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Section 15. Severability of Provisions
In the event that any provision of this MOU is declared by a court of competent jurisdiction to be illegal or unenforceable that provision of the MOU shall be null and void but such nullification shall not affect any other provisions of this MOU, all of which other provisions shall remain in full force and effect.

In the event that Federal legislation changes the current applicability of the FLSA, both parties agree to consult and/or confer on the impacts of such legislation to the extent required by law.

Section 16. Past Practices and Existing Memoranda of Understanding Continuance of working conditions and practices not specifically authorized by ordinance or by resolution of the City Council is not guaranteed by this MOU.

This MOU shall supersede all existing Memoranda of Understanding between the City and the Union.

Section 17. Scope of Agreement
Except as otherwise specifically provided herein, this MOU including Appendices “A” and “B”, which are attached to this Agreement and by this reference incorporated herein, and fully and completely incorporates the understanding of the parties hereto and constitutes the sole and entire agreement between the parties on any and all matters subject to meeting and conferring. Neither party shall, during the term of this MOU, demand any change therein nor shall either party be required to negotiate with respect to any matter; provided that nothing herein shall prohibit the parties from changing the terms of this MOU by mutual agreement.

Section 18. Duration of Agreement
All provisions of this MOU are effective the date of execution unless otherwise indicated, through June 30, 2029.

Section 19. Maintenance of Operations/City Rights
(a) It is recognized that the need for continued and uninterrupted operation of City services is of paramount importance. Therefore, the Union and each employee repre - sented thereby agrees that from the date of execution, through exhaustion of the impasse EXHIBIT 1
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process/mediation/fact finding as se t forth in the Employer/Employee Relations Resolution, the Union or any person acting in its behalf, or each employee in a classification represented by the Union, shall not cause, authorize, engage in, encourage, or sanction a work stoppage, slowdown, re fusal of overtime work, refusal to operate designated equipment (provided such equipment is safe and sound), or picketing, other than informational picketing, against the City or the individual or concerted failure to report for duty or abstinence from the full and faithful performance of the duties of employment, including compliance with the request of another labor organization or bargaining unit to engage in such activity in an attempt to induce a change in wages, hours, and other terms and conditions of employment.
(b) An employee shall not be entitled to any wages or City paid benefits whatsoever if the City Council, by majority vote, determines to its satisfaction, that the employee is, or has, engaged in any activity prohibited by subsection (a) of this section. The City may take other action which it deems appropriate.
(c) If the City Council, by majority vote, determines to its satisfaction, that subsection (a) of this section has been violated by the Union, the City may take such remedial action as it deems appropriate.
(d) The Union recognizes the duty and obligation of its representatives and members to comply with the provisions of this MOU and to make every effort toward inducing all employees in this unit to fully and faithfully perform their duties. In the event of any activity prohibited by subsection (a) hereinabove, the Union agrees to take supererogatory steps necessary to assure compliance with this MOU.

The rights of the City as set forth in Section 5 of Resolution No. 32,538, dated August 4, 1975, are incorporated herein by reference.

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Term: July 1, 2026 – June 30, 2029
CITY OF STOCKTON 44
IN WITNESS WHEREOF this Memorandum of Understanding was ratified by a membership vote of the Association on ____________ ________, and by an affirmative vote of the Stockton City Council on __________________ . The parties hereto have executed this Memorandum of Understanding this _________day of _____________.

WATER SUPERVISORY UNIT
Approved as to form:

CITY OF STOCKTON
Operating Engineers’ Local No. 3
By: _______________________

CLAUDE JOSEPH
Business Representative
APPROVED AS TO FORM:

By: _______________________

JOHNNY FORD
City Manager
By: _______________________

MARIE GUILLORY-JONES
Interim Director of Human Resources
By: ________________________

CHE JOHNSON
Negotiator for the City
Approved as to form:

Donald A. Larkin, Interim City Attorney
By: _______________________

TARYN JONES
Assistant City Attorney
ATTEST:
____________________

KATHERINE ROLAND
City Clerk
EXHIBIT 1
309

WATER SUPERVISORY UNIT SUCCESSOR MOU
Term: July 1, 2026 – June 30, 2029
CITY OF STOCKTON 45
Appendix A. Salary Schedule Effective August 23, 2026
Title Group 1 2 3 4 5 6 7 8 9
Collection Systems
Supervisor

WATER SUP -
MS $87,681 $92,159 $96,893 $101,846 $107,076 $112,563 $115,377 $118,262 $121,218 Laboratory Supervisor

WATER SUP -
MS $93,569 $98,248 $103,164 $108,316 $113,722 $119,412 $122,397 $125,457 $128,593 Occupational Health
& Safety Compliance
Specialist

WATER SUP -
MS
$85,688 $90,072 $94,691 $99,549 $104,644 $109,998 $112,748 $115,567 $118,456 Plant Maintenance
Supervisor

WATER SUP -
MS $87,716 $92,195 $96,931 $101,886 $107,118 $112,608 $115,423 $118,309 $121,266 Plant Operations
Supervisor

WATER SUP -
MS $107,049 $112,680 $118,600 $124,850 $131,429 $138,339 $141,798 $145,343 $148,976 Quality
Assurance/Quality
Control Officer

WATER SUP -
MS
$98,625 $103,815 $109,280 $115,031 $121,085 $124,113 $127,215 $130,396 Regulatory
Compliance Officer

WATER SUP -
MS $106,763 $112,202 $117,925 $123,939 $130,260 $136,797 $140,216 $143,722 $147,315 Senior Collection
Systems Supervisor

WATER SUP -
MS $101,795 $106,998 $112,493 $118,258 $124,314 $130,683 $133,950 $137,299 $140,731 Senior Plant
Maintenance
Supervisor

WATER SUP -
MS
$101,153 $106,324 $111,783 $117,512 $123,530 $129,859 $133,105 $136,433 $139,844 Senior Plant
Operations
Supervisor

WATER SUP -
MS
$112,707 $118,468 $124,552 $130,934 $137,640 $144,692 $148,309 $152,017 $155,817 Technical Services
Supervisor

WATER SUP -
MS $97,762 $102,769 $108,030 $113,563 $119,386 $125,499 $128,637 $131,853 $135,149 Utilities Safety &
Training Specialist

WATER SUP -
MS $56,205 $59,081 $62,101 $65,293 $68,628 $72,153 $73,957 $75,806 $77,701 Water Systems
Superintendent

WATER SUP -
MS $106,457 $111,777 $117,364 $123,230 $129,388 $135,855 $139,251 $142,733 $146,301 Water Systems
Supervisor

WATER SUP -
MS $91,614 $96,433 $101,499 $106,848 $112,478 $118,392 $121,352 $124,386 $127,495 EXHIBIT 1
310

WATER SUPERVISORY UNIT SUCCESSOR MOU
Term: July 1, 2026 – June 30, 2029
CITY OF STOCKTON 46
Appendix B. Side-Letter of Agreement Regarding Transfer of Services Pursuant to the Special Agreement between Operating Engineers’ Local Union No. 3 (“Union”) and the City of Stockton (“City”) dated June 18, 2003, authorized by Stockton City Council Resolution No. 03-0393, adopted on July 8, 2003, regarding the Transfer of Services, the provisions contained in Appendix B, Side -Letter of Agreement, pertains to only the Employees covered by the Special Agreement.

Nothing contained herein prohibits the parties from mutually agreeing to changes, but neither party can be compelled to negotiate and/or agree to any changes to this Appendix B, Side-Letter of Agreement.

Section 1 – Re-employment and Employment
The City shall provide regular full -time employment at the City’s municipal wastewater utility and water utility to all of the employees listed in Agreement electing to accept such employment effective March 1, 2008.

Section 2 – Terms and Conditions of Re-employment and Employment (a) City’s offer of employment and re-employment shall be unconditional, and shall not be subject to other health, competency or other test, fact, or circumstances relating to an individual employee.
(b) All service with OMI/Thames Water will be counted as service with the City. (c) Waste Water Certification – Employees outside of the Waste Water Division who hold Waste Water II or higher certification and are available for short -term assignment to the waste water fa cility will receive an additional five percent (5%) of the top step, which shall be PERS reportable earnings. Certification must be kept current. Employees who decline short -term assignments to the waste water facility subject to department guidelines will lose this additional pay.

Section 3 - Deferred Compensation
The City shall provide, at no cost to the employee, deferred compensation as a supplement to voluntary deferred compensation plans, if any, for which the individual EXHIBIT 1
311

WATER SUPERVISORY UNIT SUCCESSOR MOU
Term: July 1, 2026 – June 30, 2029
CITY OF STOCKTON 47
employee may be eligible. The City shall contribute an amount equal to five and one-half percent (5.5%) of the employee’s current base salary.

Peggy Barnett Occupational Health/Safety Compliance Specialist Jim Butler Senior Plant Maintenance Supervisor
Randy Cornell Collection Systems Supervisor
Larry Huber Laboratory Supervisor
Section 4 - Public Agency Retirement System (“PARS”) Supplemental Retirement Plan
The City shall contribute an amount necessary to fund a supplemental retirement benefit for the following employees in Municipal Utilities Department.

Peggy Barnett Occupational Health/Safety Compliance Specialist Jim Butler Senior Plant Maintenance Supervisor
Randy Cornell Collection Systems Supervisor
Larry Huber Laboratory Supervisor
Robert Englent Senior Collection Systems Operator
The supplemental retirement benefit shall be developed and administered by the Public Agency Retirement Services (“PARS”) benefit and shall be based on the following criteria:
(a) Only employees listed in this Agreement shall be eligible to participate; (b) Commencing March 1, 2008, employees must complete at least one (1) year of continuous City of Stockton service to be eligible for the PARS benefit; (c) The PARS benefit shall be paid only to those employees listed in this Agreement who retire from the City in accordance with rules and criteria established pursuant to PERS and the MOU in effect between the City and the OE3; and (d) The benefit level paid to each eligible employee shall be based on the following formula:
(1) All actual years of service (prior City of Stockton, OMI and City of Stockton years of service as of March 1, 2008 prospectively) x 0.6%.

Section 5 – Compensation and Benefits
(a) Active employees shall receive fully paid City Health Plan (Medical, Vision, and Dental) or the option of the fully paid OE3 Medical Plan Schedule A (Medical, EXHIBIT 1
312

WATER SUPERVISORY UNIT SUCCESSOR MOU
Term: July 1, 2026 – June 30, 2029
CITY OF STOCKTON 48
Vision, and Dental) through June 30, 2013. Effective June 30, 2013, employees identified in Exhibit B shall receive the same city contribution towards cost of insurance programs as stated in MOU section 13.1(c).
(b) An employee who receives and maintains a Level IV or V Waste Water Operator Certification will receive the following quarterly amounts added to his or her monthly paychecks for Level V and Level IV certifications, unless certification is required of the position.

Level IV $1,000.00
Level V $2,000.00
EXHIBIT 1
313

WATER SUPERVISORY UNIT SUCCESSOR MOU
Term: July 1, 2026 – June 30, 2029
CITY OF STOCKTON 49
Appendix B – Exhibit B Employees
EXHIBIT 1
314

WATER SUPERVISORY UNIT SUCCESSOR MOU
Term: July 1, 2026 – June 30, 2029
CITY OF STOCKTON 50
Appendix B – Exhibit B Employees
EXHIBIT 1
315

WATER SUPERVISORY UNIT SUCCESSOR MOU
Term: July 1, 2026 – June 30, 2029
CITY OF STOCKTON 51
Appendix C. Rates of Pay
Base Rate of Pay: The employees’ Base Rate of Pay is their step as listed on the salary schedule for their classification.

Straight Time Rate of Pay: The employees’ Straight Time Rate of Pay includes the employee’s base rate of pay plus all percentage based add pays.

Regular Rate of Pay: The employees’ Regular Rate of Pay as defined by the Fair Labor Standards Act (FLSA).

EXHIBIT 1
316
Fund Fund Name
COLA and
Health
Increases
Additional
Steps
Safety
Footwear Total
$194,590 $44,488 $800 $239,878
600 WATER 51,566 11,789 212 63,568
610 WASTEWATER 122,981 28,117 506 151,603
620 STORMWATER 20,043 4,582 82 24,707
FY 2026-27 Budget Amendment for Water Supervisors MOU Effective August 18, 2026 EXHIBIT 2
317
City of Stockton
Legislation Text
File #: 26-0870, Version: 1

APPROVE MOTION TO EXECUTE AN AMENDMENT TO THE TWO-YEAR AGREEMENT WITH

FORENSIC ANALYTICAL CRIME LAB FOR GRANT AWARD MODIFICATION IN AN AMOUNT NOT TO EXCEED $13,094.09.

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

1. Approve findings pursuant to Stockton Municipal Code (SMC) §3.68.070 support of an exception to the competitive bidding process; and

2. Authorize the City Manager to approve Standard Agreement Amendment No. 3 with Forensic Analytical Crime Lab (FACL) to provide the Stockton Police Department (SPD) with the additional funding from the Grant Award Modification in an amount not to exceed $13,094.09; and
It is further recommended that the City Manager be authorized and directed to make any and all expenditures and appropriations on behalf of the city as appropriate and necessary to carry out the purpose and intent of this motion.

Summary
SPD seeks to continue the contract with Forensic Analytical Crime Lab by working with the Forensic Consultant, Firearms Examiner. This service will continue to streamline the test-firing process, reducing the time required to obtain confirmation from the National Integrated Ballistic Information Network (NIBIN). The SPD applied for the 2022 Department of Justice Office of Justice Programs (OJP) Bureau of Justice Assistance (BJA) Crime Gun Intelligence Center Integration Initiative Grant (CGIC). On November 15, 2022, by Resolution 2022-11-15-1209, SPD was awarded the CGIC Grant in the amount of $700,000 to address firearms-related crime and forensics by establishing Crime Gun Intelligence Centers. Grant funds are also used for bullet casing analysis and court testimony. The initial agreement term maximum not-to-exceed amount was $209,879. With the additional $13,094.09 to extend the term, the maximum not-to-exceed amount will be $222,973.09.

DISCUSSION
Background
SPD previously contracted with a Firearms examiner for forensic services from June 2013 to December 2021 through Federal Justice Assistant Grant (JAG) funding. The cost of these services was originally funded through the JAG program Firearms Reduction Consortium (FRC). The intent of the FRC was to combine resources county-wide to reduce firearms violence. One of the City of Stockton Printed on 8/14/2026Page 1 of 2
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File #: 26-0870, Version: 1
recommendations from the FRC was to establish a Firearms Examination Unit to process the significant number of bullets and casings found at crime scenes. Multiple attempts were made to hire full-time examiners, but qualified examiners work on a contract basis due to the higher market rate compensation. With the newly awarded CGIC Grant funds, the City issued a Request for Proposal (RFP) on September 21, 2023, requesting proposals for a two-year agreement with the City for Firearms Examiner services, which was also advertised in the Record and posted on the City’s Bid Flash website. A six-month contract was executed on October 1, 2023, with Forensic Analytical Crime Lab to meet the CGIC Grant goals and objectives.

Present Situation
No proposals were received during the City’s RFP process. Staff recommended awarding the current contractor, Forensic Analytical Crime Lab, a two-year agreement with three additional one-year options to extend, in accordance with the City’s approved General Procurement Policy 17.05.010, Section G-6, and the Stockton Municipal Code (SMC) Section 3.68.070, supporting the exceptions to competitive bidding requirements. To continue utilizing the Forensic Analytical Crime Lab, additional funding is needed to continue the process of examination of the numerous bullets and casings found at crime scenes. SPD is asking for the additional $13,094.09 in Amendment 3 from the Grant Award Modification to continue the service with the Forensic Analytical Crime Lab.

Findings

1. A Forensic Consultant Firearms Examiner is necessary to streamline the test-firing process to expedite confirmation of NIBIN leads, court write-ups, and prosecution of gun crimes.

2. Use of the funds here is warranted based on the Grant Award Modification. (15PBJA-22-GG- 01760-MUMU)

3. The extension of this contract will allow SPD to continue handling the numerous cases of crime scenes and bullet casings without interruption.

FINANCIAL SUMMARY
The total proposed cost (Attachment A) is $13,094.09. These funds will be provided from the Grant Award Modification (Attachment B).

Attachment A - Standard Agreement Amendment 3
Attachment B - Grant Award Modification:15PBJA-22-GG-01760-MUMU City of Stockton Printed on 8/14/2026Page 2 of 2
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CITY OF STOCKTON

STANDARD AGREEMENT AMENDMENT
This Amendment Number ___3__ to the above referenced Agreement is entered into on, between the City of Stockton (“City”) and Forensic Analytical Crime Lab “Contractor”.

RECITALS
Exhibit A, Option to Renew, states both Parties may extend this Agreement up to three (3) options to renew for one (1) additional year by a written agreement, however, the total term of the Agreement including the extended term shall not exceed five (5) years: and
Exhibit C General Terms and Conditions, Paragraph 7 Changes, states the City may modify the scope of services and any material extension or change in the scope shall be memorialized in a written amendment prior to the performance of additional work; and
Exhibit C General Terms and Conditions, Paragraph 8 Amendment, states no variation of the terms of this Agreement shall be valid unless an Amendment is made in writing and signed by both parties; and the City needs to renew the term specified in Paragraph 2 of the Standard Agreement to align with the approved extension of the grant expiration date and services required.

The City
needs to increase the Compensation, per the attached Grant Award Modification (award number 15PBJA-22- GG-01760-MUMU) by $13,094.09.

Now therefore, the City and the Contractor mutually agree as follows:

1. The maximum not to exceed amount to be paid to the Contractor, including, if authorized, will now read as follows:

Initial Term: the maximum not to exceed amount is $209,879.00 Exte
nded Term: the maximum not to exceed amount is $13,094.09 Total maximum compensation to be paid to the Contractor under this Agreement for the initial term and the extended term shall not exceed $222,973.09
All other t
erms and conditions of the Agreement shall remain unchanged and remain in full force and effect unless modified by a written amendment signed by both parties.

IN WITN
ESS WHEREOF, the authorized parties have executed this Agreement.

CONTRACTOR
Forensic Analytical Crime Lab
_____________________________________________________________________________________________ Contractor’s Name (if other than an individual, state whether a corporation, partnership, etc.):
______________________
_______________________________________________________________________ Authorized Signature Date
______________________
_______________________________________________________________________ Printed Name and Title of Person Signing
______________________
_______________________________________________________________________ Address
Agreement Number: Amendment
Number:
424000409 3
08/12/2026
Cyndi Sanborn, Dir. Finance & Admin
3777 Depot Rd, Suite 403 Hayward, CA 94545

ATTACHMENT A
320

CITY OF STOCKTON
_____________________________________________________________________________________________ Johnny Ford, City Manager Date
ATTEST:
_____________________________________________________________________________________________ Katherine Roland, CMC, CPMC, City Clerk
APPROVED AS TO FORM:

Donald Larkin, Interim City Attorney
BY:

ATTACHMENT A
321
Forensic Analytical Crime Lab - Calculator
Contract 424000409
Original Contract Amount: 99,890.00$
Original Contract Award Date: 4/1/2024
Original Contract Council Approval Date: 1/9/2024
Original Contract Expiration Date: 3/31/2026
Contract Amount to date: 209,879.00$
Authorized CCO Amount to date:

Contract Expiration to date: 1/1/2027
Description
Requested CCO
Amount
Date CC
Approved
Revised Contract
Amount
Revised CCO
Authority Balance
Last Council Action -$ 1/9/2024 99,890.00$ 100,000. 00$ CCOs since last Council Action 86,087.50$ 185,977.50$ 13,912. 50$ Extending Contract Date 23,901.50$ 209,879.00$ -$ **Note: The current CCO calculator does not properly show the amounts due to the original contract being under $100k.

ATTACHMENT A
322
Department of Justice (DOJ)
Office of Justice Programs
Washington, D.C. 20531
Case Status:

Resolved-Completed
Solicitation Title:

BJA FY 22 Local Law Enforcement Crime Gun Intelligence Center Integration Initiative Project Title:

Bureau of Justice Assistance Crime Gun Intelligence Center Integration Initiative Grant Project Period:
10/1/22 - 9/30/26
Managing Office:

OJP
DOJ Grant Manager:

Shaketta Cunningham
Grant Award Administrator:

Briona Schneider
Last Updated Date:
06/09/2026
Solicitation Category
N/A
Federal Award Amount:
$700,000.00
Funding Instrument Type:

Grant
Program Office:

BJA
UEI
MPGYKQEJZ2E6
TIN:
*****0436
Award Number:
15PBJA-22-GG-01760-MUMU

ATTACHMENT B
323
Budget Modification Budget Detail and Summary Modification Project Budget Summary
Budget MOD
Budget Category Approved Budget Requested Budget Changes Year 1 Year 2 Year 3 Revised Budget Percentage Personnel: $79,854.02 -$53,624.57 $23,738.42 $2,491.03 $0.00 $26,229.45 Fringe Benefits: $70,104.44 -$45,871.02 $22,169.85 $2,063.57 $0.00 $24,233.42 Travel: $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Equipment: $354,125.09 $62,500.00 $354,125.09 $0.00 $62,500.00 $416,625.09 Supplies: $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Construction: $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
SubAwards: $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Procurement Contracts: $195,916.45 $36,995.59 $65,293.00 $65,293.00 $102,326.04 $232,912.04 Other Costs: $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Total Direct Costs: $700,000.00 $0.00 $465,326.36 $69,847.60 $164,826.04 $700,000.00 Indirect Costs: $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Total Project Costs: $700,000.00 $0.00 $465,326.36 $69,847.60 $164,826.04 $700,000.00 Federal Funds: $700,000.00 $0.00 no value no value no value $700,000.00 100.00% Match Amount: $0.00 $0.00 no value no value no value $0.00 0.00% Program Income: $0.00 $0.00 no value no value no value $0.00 0.00%

ATTACHMENT B
324
Budget Detail Summary
Personnel
Year 1
Name Position Salary Rate Time Worked Percentage of Time (%) Total Cost 1 District Attorney's Office Crime Analyst $74,861.00 Y 1.00 31.71% $23,738.42 Personnel Total Cost
$23,738.42
Additional Narrative
Local prosecutor District Attorney Crime Analyst as requird to support tracking, prioritizing, and prosecution of gun crimes, partial funding of The San Joaquin District Attorney's Office Crime Analyst @ 31.71% FTE: $45,907. Estimated salary is $23,739 and fringe benefits totaling $22,168 (88.59% of salary).

Year 2
Name Position Salary Rate Time Worked Percentage of Time (%) Total Cost 1 District Attorney's Office Crime Analyst $85,018.00 Y 1.00 2.93% $2,491.03 Personnel Total Cost
$2,491.03
Additional Narrative

ATTACHMENT B
325
Local prosecutor District Attorney Crime Analyst as required to support tracking, prioritizing, and prosecution of gun crimes, partial funding of The San Joaquin District Attorney's Office Crime Analyst @ 2.93% Reduction of funds in Year #2 and #3 due to inefficient usage, MOU of DA to reallocate funds to SPD.

Year 3
Name Position Salary Rate Time Worked Percentage of Time (%) Total Cost No items
Personnel Total Cost
$0.00
Additional Narrative

ATTACHMENT B
326
Fringe Benefits
Year 1
Name Base Rate (%) Total Cost
1 DA Crime Analyst $23,739.00 93.39% $22,169.85
Fringe Benefits Total Cost
$22,169.85
Additional Narrative
As stated above. Benefits rates for District Attorney's Office Crime Analyst @ 93.39% includes:

FICA 1,472 6.20%
Medicare 344 1.45%
Unemp 12 0.05%
Retirement 10,822 45.59%
Medical 9,316 39.24%
Vision 23 0.10%
Dental 175 0.74%
Life 4 0.02%
Year 2
Name Base Rate (%) Total Cost
1 DA Crime Analyst $2,491.03 82.84% $2,063.57
Fringe Benefits Total Cost
$2,063.57
Additional Narrative

ATTACHMENT B
327
As stated above. Benefits rates for District Attorney's Office Crime Analyst @ 82.84% includes:

FICA 1,671 6.20%
Medicare 391 1.45%
Unemp 13 0.05%
Retirement 12,291 45.59%
Medical 9,316 34.56%
Vision 23 0.09%
Dental 175 0.65%
Life 4 0.01%
Year 3
Name Base Rate (%) Total Cost
No items
Fringe Benefits Total Cost
$0.00

ATTACHMENT B
328
Travel
Year 1
Purpose of Travel Location Type of Expense Basis Cost Quantity # Of Staff # Of Trips Total Cost No items
Travel Total Cost
$0.00
Year 2
Purpose of Travel Location Type of Expense Basis Cost Quantity # Of Staff # Of Trips Total Cost No items
Travel Total Cost
$0.00
Year 3
Purpose of Travel Location Type of Expense Basis Cost Quantity # Of Staff # Of Trips Total Cost No items
Travel Total Cost
$0.00

ATTACHMENT B
329
Equipment
Year 1
Equipment Item # of Items Cost Total Cost
1 BulletTraxx 1.00 $354,125.09 $354,125.09
Equipment Total Cost
$354,125.09
Additional Narrative
A Bulletraxx machine will support the timely entry of all firearm related evidence casings and test-fire casings, correlations, lead generations, and lead notifications. We are following the City of Stockton's equipment capitalization policy.

Year 2
Equipment Item # of Items Cost Total Cost
No items
Equipment Total Cost
$0.00
Additional Narrative

ATTACHMENT B
330
A Bulletraxx machine will support the timely entry of all firearm related evidence casings and test-fire casings, correlations, lead generations, and lead notifications. We are following the City of Stockton's equipment capitalization policy.

Year 3
Equipment Item # of Items Cost Total Cost
1 Crime Analysis Software 1.00 $62,500.00 $62,500.00
Equipment Total Cost
$62,500.00
Additional Narrative
The software will contribute long term to CGIC by reducing gun violence and increasing the solvability of cases. It is a comprehensive analytical platform for the investigation into cell phone records, social media returns, and any other database containing temporal and GPS data. This platform would allow Crime Analysts to rapidly process data from the warrants, allowing for, among many other benefits:

The placement of devices within or at the scene of a crime.

The identification of suspects/associates, often masked by obscure social media usernames and unknown phone numbers Linking of suspects/associates across multiple investigations, over many years Rapid isolation of keywords, slang, and criminal identifiers throughout text, chats, and posts Identification of unknown locations, stash houses, and crime scenes The need for swift investigation would greatly decrease the odds of suspect escape and/or discarding of important evidence, including firearms identified through CGIC ballistic testing.

ATTACHMENT B
331
Supplies
Year 1
Purpose of Supply Items # of Items Unit Cost Total Cost No items
Supplies Total Cost
$0.00
Year 2
Purpose of Supply Items # of Items Unit Cost Total Cost No items
Supplies Total Cost
$0.00
Year 3
Purpose of Supply Items # of Items Unit Cost Total Cost No items
Supplies Total Cost
$0.00

ATTACHMENT B
332
Construction
Year 1
Purpose of Construction Description of Work # of Items Cost Total Cost No items
Construction Total Cost
$0.00
Year 2
Purpose of Construction Description of Work # of Items Cost Total Cost No items
Construction Total Cost
$0.00
Year 3
Purpose of Construction Description of Work # of Items Cost Total Cost No items
Construction Total Cost
$0.00

ATTACHMENT B
333
SubAwards
Year 1
Item Description Country State/U.S. Territory City Total Cost No items
Subawards Total Cost
$0.00
Year 2
Item Description Country State/U.S. Territory City Total Cost No items
Subawards Total Cost
$0.00
Year 3
Item Description Country State/U.S. Territory City Total Cost No items
Subawards Total Cost
$0.00

ATTACHMENT B
334
Procurement Contracts
Year 1
Item Description Consultant Country State/U.S. Territory City Total Cost 1 Firearms Examiner Analysis of bullet casings and court testimony of evidence. No United States California no value $65,293.00 Procurement Cost
$65,293.00
Consultant Travel Required
Yes
Consultant Travel
Purpose of Travel Location Type of Expense Cost Duration or Distance # of Staff Total Cost No items
Consultant Travel Total Cost
$0.00
Procurement Total Cost
$65,293.00
Additional Narrative
The City requires a trained Firearms Examiner Service to work firearm-related cases and provide as many confirmations on firearm-related cases as possible, including homicide (187) workups. The Firearms Examiner will submit examination reports and review laboratory-based casework involving the examination of ammunition, fire ammunition components, firearms, evidence items having tool marks of evidential value, and comparative analysis. The Firearms Examiner will also be called upon for testimony at trials relating to firearm crimes. The City is contracted with Forensic Analytical Crime Lab to perform services and align with award goals and objectives at an estimated annual cost of $65,293.

Year 2
Item Description Consultant Country State/U.S. Territory City Total Cost 1 Firearms Examiner Analysis of bullet casings and court testimony of evidence. No United States California no value $65,293.00 Procurement Cost
$65,293.00
Consultant Travel Required
Yes

ATTACHMENT B
335
Consultant Travel
Purpose of Travel Location Type of Expense Cost Duration or Distance # of Staff Total Cost No items
Consultant Travel Total Cost
$0.00
Procurement Total Cost
$65,293.00
Additional Narrative
The City requires a trained Firearms Examiner Service to work firearm-related cases and provide as many confirmations on firearm-related cases as possible, including homicide (187) workups. The Firearms Examiner will submit examination reports and review laboratory-based casework involving the examination of ammunition, fire ammunition components, firearms, evidence items having tool marks of evidential value, and comparative analysis. The Firearms Examiner will also be called upon for testimony at trials relating to firearm crimes. The City is contracted with Forensic Analytical Crime Lab to perform services and align with award goals and objectives at an estimated annual cost of $65,293.

Year 3
Item Description Consultant Country State/U.S. Territory City Total Cost 1 Firearms Examiner Analysis of bullet casings and court testimony of evidence. No United States California no value $102,326.04 Procurement Cost
$102,326.04
Consultant Travel Required
Yes
Consultant Travel
Purpose of Travel Location Type of Expense Cost Duration or Distance # of Staff Total Cost No items
Consultant Travel Total Cost
$0.00
Procurement Total Cost
$102,326.04
Additional Narrative
The City requires a trained Firearms Examiner Service to work firearm-related cases and provide as many confirmations on firearm-related cases as possible, including homicide (187) workups. The Firearms Examiner will submit examination reports and review laboratory-based casework involving the examination of ammunition, fire ammunition components, firearms, evidence items having tool marks of evidential value, and comparative analysis. The Firearms Examiner will also be called upon for testimony at trials relating to firearm crimes. The City is contracted with Forensic Analytical Crime Lab to perform services and align with award goals and objectives

ATTACHMENT B
336
at an estimated annual cost of $102,326.04.

ATTACHMENT B
337
Other Costs
Year 1
Description Quantity Basis Costs Length of Time Total Costs No items
Other Costs Total Cost
$0.00
Year 2
Description Quantity Basis Costs Length of Time Total Costs No items
Other Costs Total Cost
$0.00
Year 3
Description Quantity Basis Costs Length of Time Total Costs No items
Other Costs Total Cost
$0.00

ATTACHMENT B
338
Indirect Costs
Year 1
Description Base Indirect Cost Rate Total Cost
No items
Indirect Costs Total Cost
$0.00
Year 2
Description Base Indirect Cost Rate Total Cost
No items
Indirect Costs Total Cost
$0.00
Year 3
Description Base Indirect Cost Rate Total Cost
No items
Indirect Costs Total Cost
$0.00

ATTACHMENT B
339
For guidance, see DOJ Financial Guide Chapter 3.11 on “Indirect Costs”  "BudgetModification" Justification
The funds allocated to the San Joaquin County District Attorney’s Office (DA) have not been utilized to maintain the 20% minimum requirement of the grant, primarily due to staffing changes and hiring delays. Difficulties in recruiting and onboarding a Crime Analyst have slowed the program’s progress.

The DA’s office is continuing to make efforts to expend the cost of a Crime Analyst that is focusing on tracking, prioritizing, and prosecuting gun crimes.

The DA has agreed to reallocation from funding back to the Stockton Police Department (SPD) to repurpose within the program. SPD will purchase Penlink Software and Firearms Examiner to align with the programmatic goals.

Budget/Financial Documentation
Name
22 CGIC MOU Amendment #1.pdf
Category
BudgetOther
Created by
Briona Schneider
Date Added
04/23/2026
Grants Management Comments

ATTACHMENT B
340
Create Date User Note
5/12/26 7:10 AM Shaketta Cunningham
The City of Stockton submitted an updated budget to alter some programmatic activities. Funds are being reallocated to the Equipment and Procurement Contracts cost categories. Due to staffing changes and hiring delays, the San Joaquin County District Attorney’s Office (DA) have not been able to utilize and maintain the 20% minimum requirement of the grant.  Therefore, the DA’s funds are being reallocated back to Stockton Police Department (SPD) to purchase PenLink Software and to support a Firearms Examiner to align with the programmatic goals. 5/26/26 8:15 AM Shaketta Cunningham This GAM is being change requested so that the grantee can make the revision addressed in the email sent.

ATTACHMENT B
341
City of Stockton
Legislation Text
File #: 26-0723, Version: 1

ADOPT RESOLUTION TO AUTHORIZE THE LOCAL STREET RESURFACING PROGRAM FISCAL YEAR 2025-26 SB1 - PAVEMENT REPAIR PROJECT (ALL DISTRICTS - CITYWIDE)

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

1. Approve Notice of Exemption No. NOE15-26 under the California Environmental Quality Act for the Local Street Resurfacing Program Fiscal Year 2025-26 SB1 - Pavement Repair, Project No. WD26003.

2. Approve the plans and specifications for the Local Street Resurfacing Program Fiscal Year 2025-26 SB1 - Pavement Repair, Project No. WD26003.

3. Award a Construction Contract in the amount of $198,397 to Spektren Engineering, Inc. of Gilroy, CA, for the Local Street Resurfacing Program Fiscal Year 2025-26 SB1 - Pavement Repair, Project No. WD26003.

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

Summary
The City is responsible for maintaining 781 centerline miles of streets. The project will repair failed pavement at approximately 26 residential and collector roadway segments Citywide (Attachments A and B). Pavement repair involves the removal of failed pavement, applying tack coat oil to the edges to ensure a bond between pavement layers, and placing new hot mix asphalt. The project was included in the 2025-30 Five-Year Capital Improvement Plan (CIP).

On April 30, 2026, the City received seven bids for this project. It is recommended that Council award a Construction Contract to the lowest responsive bidder, Spektren Engineering, Inc., in the amount of $198,397. It is also recommended that Council adopt a resolution approving Notice of Exemption No. NOE15-26 under the California Environmental Quality Act (CEQA) and approving the plans and specifications for the project. Construction is anticipated to begin in summer 2026 and be completed in fall 2026, weather permitting.

DISCUSSION
Background
On April 28, 2017, the Governor signed Senate Bill 1 (SB1), known as the Road Repair and City of Stockton Printed on 8/14/2026Page 1 of 4
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File #: 26-0723, Version: 1
Accountability Act of 2017. SB1 funding provides for basic road maintenance, rehabilitation, and critical safety needs on both the State highway and local streets and road systems. The California Transportation Commission (CTC) is responsible for oversight of funding and/or programs created with the approval of SB1.

SB1 provides funding for the Road Maintenance and Rehabilitation Account (RMRA) Program. Other programs include the Local Partnership Program, the Active Transportation Program, State Highway Operation and Protection Program, and Local Streets and Roads Program. The RMRA funding is part of the City’s overall Gas Tax allocation; however, RMRA funds can only be expended on projects that meet eligibility criteria and have been approved by the CTC. RMRA funds are accounted for and reported separately from regular Gas Tax funds.

Approximately $8.4 million in SB1 RMRA Program funding was allocated to the City for Fiscal Year (FY) 2025-26 and approved by Council on April 1, 2025, by Resolution No. 2025-04-01-1215. The project list was subsequently approved by the CTC and provides for multiple resurfacing projects that may consist of slurry sealing, micro-surfacing, cape seal, and/or an asphalt overlay. These projects are all being delivered separately based on the type of resurfacing treatment. A cost-effective method of maintaining streets is to provide treatment for streets that are in fair to good condition.

The preservation of streets in this condition is critical, as rehabilitation costs rise exponentially as pavement deteriorates.

The Local Street Resurfacing Program FY 2025-26 SB1 - Pavement Repair, Project No. WD26003, was included in the 2025-30 Five-Year CIP. The project will repair failed pavement at approximately 26 residential and collector roadway segments Citywide (Attachments A and B). Pavement repair involves the removal of failed pavement, applying tack coat oil to the edges to ensure a bond between pavement layers, and placing new hot mix asphalt. The process includes traffic control and installing temporary traffic striping. This treatment, combined with future pavement resurfacing, will extend the roadway’s life expectancy.

The list of roads for this project was developed from the City of Stockton Pavement Management System. The system analyzes variables such as current pavement conditions and projected traffic load to forecast how roadway segments will decline over time. The forecasts are used to evaluate the cost and benefit of repair options and identify the optimal pavement resurfacing plan. Roadways with a Pavement Condition Index (PCI) ranging between 65 and 80 are suitable for this treatment.

The City’s Pavement Management System identified these roadway segments to have a PCI range between 65 and 80. This treatment extends the life span by a minimum of five years.

On July 26, 2016, Council adopted a Community Workforce and Training Agreement (CWTA). The CWTA became effective August 25, 2016, and applies to all Public Works projects over $1 million that are bid after that date. On July 16, 2019, by Motion No. 2019-07-16-1403, Council extended the CWTA term to August 25, 2024. On August 20, 2024, by Motion No. 2024-08-20-1203, Council extended the CWTA term to August 25, 2029. The CWTA was not applied to this project as the estimated construction cost was less than $1 million.

Present Situation
On April 8, 2026, the Local Street Resurfacing Program FY 2025-26 SB1 - Pavement Repair, Project No. WD26003, was advertised for bids.

City of Stockton Printed on 8/14/2026Page 2 of 4
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File #: 26-0723, Version: 1
On April 30, 2026, seven bids were received with the following results:

COMPANY NAME BID AMOUNT ADJUSTED BID AMOUNT
(local preference applied)
Spektren Engineering, Inc. $198,397.00 $198,397.00 (Gilroy, CA)
United Pavement Maintenance, Inc. $223,505.00 $223,505.00 (Hughson, CA)
QA Contractors, Inc. $311,540.00 $311,540.00
(San Francisco, CA)
Tom Mayo Construction, Inc. $337,000.00 $330,260.00
(Stockton, CA)
Consolidated Engineering, Inc. $341,520.00 $341,520.00 (Valley Springs, CA)
Dirt Dynasty, Inc. $362,200.00 $354,956.00
(Farmington, CA)
Robert Burns Construction, Inc. $401,266.00 $393,240.68 (Stockton, CA)
Engineer’s Estimate $414,000.00
The requirements of Stockton Municipal Code (SMC) section 3.68.090, Local Business Preference, apply to this project. Tom Mayo Construction, Inc., Dirt Dynasty, Inc., and Robert Burns Construction, Inc. are located within San Joaquin County and are entitled to a two percent bid preference.

Application of the Local Business Preference has no effect on the bid order. The Local Employment Ordinance, SMC section 3.68.095, also applies to this contract.

The bid from Spektren Engineering, Inc., the lowest responsive bidder, is regular in all respects and has the proper license to perform the work. It is recommended that Council approve the plans and specifications, and award a Construction Contract to Spektren Engineering, Inc. of Gilroy, CA, in the amount of $198,397, for the Local Street Resurfacing Program FY 2025-26 SB1 - Pavement Repair, Project No. WD26003.

The project is in conformance with the City’s General Plan, pursuant to California Government Code, section 65402, and is categorically exempt from the requirements of CEQA as specified under Section 15301(c) of the CEQA Guidelines. As a result, the project has been granted a Categorical City of Stockton Printed on 8/14/2026Page 3 of 4
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File #: 26-0723, Version: 1
Exemption. The activities related to this project constitute a discretionary project under the City’s jurisdiction and qualifies as a project that does not have a significant effect on the environment. The resolution will approve the filing of Notice of Exemption No. NOE15-26 under CEQA.

Construction is anticipated to begin in summer 2026 and be completed in fall 2026, weather permitting.

FINANCIAL SUMMARY
There are sufficient funds available in the Local Street Resurfacing Program FY 2025-26 SB1, Project No. WD26003, to award a Construction Contract to Spektren Engineering, Inc. in the amount of $198,397.

Attachment A - Project Vicinity Map
Attachment B - Location List
City of Stockton Printed on 8/14/2026Page 4 of 4
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MARIPOSA RD

EIGHT MILE RD

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DAVIS RD WEST LN

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HAMMER LN

MARCH LN

ELDORADO
ST

HARDING WY FREMONT ST

DR MLK JR BL

AIRPORT WY
LW
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SACTO
RD

PACIFIC AV

PERSHING AV

MAIN ST

EL DORADO ST

WATERLOO RD

CHEROKEE RD

THORNTON RD
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ILSON
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ALPINE AV

ROBERTS RD

CHARTER WY
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0 0.75 1.5 2.25 30.375
Miles
LEGEND
Pavement Repair Locations
LOCAL STREET RESURFACING PROGRAM FY 2025-26 SB1 -
PAVEMENT REPAIR, PROJECT NO. WD26003

CITY OF STOCKTON

DEPARTMENT OF PUBLIC WORKS

ATTACHMENT A
346
No. Street Name Begin Location End Location Council District 1 Acapulco Wy Ponce De Leon Av Santa Paula Wy 1
2 Alpine Av Bonnie Ln Commerce St 4
3 American St E 2nd St E 3rd St 6
4 American St E 3rd St E 4th St 6
5 Anderson St Burkett Av Filbert St 5
6 Arch Rd Newcastle Rd L ogistics 6
7 Arch Rd Frontier Wy S 99 Frontage Rd 6
8 Caran Av Lincoln Rd Clarane Av 3
9 Channel St N Aurora St N Grant St 5
10 Clarane Av Pacific Av Clarane Av 3
11 Cumberland Pl Benjamin Holt Dr Mill Spring Dr 3
12 Della St E Market St E Washington St 5
13 El Capitan Ci Mt Bachelor Ct Top Table Ct 2
14 Fremont St El Dorado St N Hunter St 5
15 Hiawatha Av Orwood St Bishops St 5
16 Hunter St S Hunter E Anderson St 5
17 Longview Av Mayfair Av Claremont Av 3
18 Market St Eugenia St Della St 5
19 Norwich Dr Claremont Av Doncaster Wy 3
20 Pacific Av Knoles Wy Pacific Av 4
21 Rose St W Rose St N Yosemite St 4
22 San Joaquin St E 5th St E 6th St 6
23 San Joaquin St N San Joaquin St E Oak St 5
24 San Juan Av Harding Wy Riddle Ct 4
25 Stanfield Rd Stanfield Ct Kimbrough Ct 1
26 Stanislaus St Jackson St Clay St 5
Local Street Resurfacing Program FY25‐26 SB1 ‐ Pavement Repair, Project No. WD26003 Street List

ATTACHMENT B
347
Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION AP PROVING THE NOTICE OF EXEMPTION NO . NOE15-26,

APPROVING THE PLANS AND SPECIFICATION S, AND AWARDING A

CONSTRUCTION CONTRACT FOR THE LOCAL STREET RESURFACING PROGRAM F ISCAL YEAR 2025-26 SB1 – PAVEMENT REPAIR, PROJECT NO.

WD26003

On April 30, 2026, the City Clerk of the City of Stockton opened, examined, and publicly declared the sealed proposals or bids offered for the Local Street Resurfacing Program Fiscal Year 2025-26 SB1 – Pavement Repair, Project No. WD26003; and

The project will repair failed pavement at approximately 26 residential and collector roadway segments Citywide; and

Spektren Engineering, Inc. is the lowest respo nsive bidder in the amount of $198,397 and its bid is regular in all respects; and

The project is in conformance with the City’s General Plan, pursuant to California Government Code, section 65402, and is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) as specified under section 15301(c) of the CEQA Guidelines, because this is a discretionary project under the City’s jurisdiction and qualifies as a project which has been determined to not have a significant effect on the environment; now, therefore,

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

1. The City Council approves the filing of Notice of Exemption No. NOE15-26 under the CEQA for the Local Street Resurfacing Program F iscal Year 2025-26 SB1 – Pavement Repair, Project No. W D26003, a copy of which is attached as Exhibit 1 and incorporated by this reference.

2. The City Council approves the plans and specifications for the Local Street Resurfacing Program F iscal Year 2025-26 SB1 – Pavement Repair, Project No.

WD26003.

3. The City Council awards a Construction Contract between the City of Stockton and Spektren Engineering , Inc. , in the amount of $198,397, and the City Manager is authorized and directed to execute same, a copy of which is attached as Exhibit 2 and incorporated by this reference.

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348

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

PASSED, APPROVED, and ADOPTED August 18, 2026 .

________________________

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:

______________________________

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

349
TO: COUNTY CLERK

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

CITY OF STOCKTON

NOTICE OF EXEMPTION
FROM: Lead Agency
City of Stockton
c/o Public Works Department
501 W. Weber Ave., Bldg 2
Stockton, CA 95203
NOTICE OF EXEMPTION PURSUANT TO PUBLIC RESOURCES CODE SECTION 21152(8) AND CALIFORNIA CODE OF REGULATIONS TITLE 14, SECTION 15062

PROJECT DATA
Project Title: LOCAL STREET RESURFACING PROGRAM FISCAL YEAR 2025-26 SB1 - PAVEMENT REPAIR PROJECT NO. WD26003
CEQA Exemption File No.: NOE 15-26
Applicant: City of Stockton Public Works Department
Project Description/Location: The City of Stockton's Public Works Department will be removing and replacing existing failed pavement at various locations Citywide.

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

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

The activity is exempt under the "general rule" at CEQA Guidelines Section 15061 (8)(3).

The project is "Statutorily Exempt" per CEQA Guidelines Section: --.......---- ___x The project is "Categorically Exempt" per CEQA Guidelines Section 1530-1 (c).

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

PENI BASALUSALU, DIRECTOR

PUBLIC WORKS DEPARTMENT
By � � -_,8c,r�
Cesar Lopez�roject Manager
April 27. 2026
(DATE OF PREPARATION)
(DATE OF FINAL APPROVAL)

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

Signature Title
Posting Period Ending Date
EXHIBIT 1
350
Local Constructi
on Contract – SPEKTREN ENGINEERING, INC. – PROJECT NO. WD26003 (Updated 10/18/23)

CONSTRUCTION CONTRACT
T
his c ontract is made and entered into on _____________, by and between SPEKTREN ENGINEERING, INC., a STATE OF CALIFORNIA CORPORATION, with a business address at 645 RUCKER AVENUE, GILROY , CA 95020 , hereinafter called "CONTRACTOR," and CITY OF STOCKTON, a municipal corporation, hereinafter called "CITY."
W I T N E S S E T H:

WHEREAS, pl
ans and specifications for the construction of L OCAL STREET RESURFACING PROGRAM FISCAL YEAR 2025 -26 SB1 – PAVEMENT REPAIR (PROJECT NO. WD26003 ), hereinafter called “PROJECT,” were regularly adopt ed by Council Resolution No. ________ ____ _____, on _______ _ _________; and WHEREAS, the contract for said work was regularly awarded to CONTRACTOR, by Council Res
olution No. _________ ________, on _______ _________.

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

CONTRACTOR agrees:

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

2. COMPENSATION. To do and perform the work contemplated hereby in a good and workmanlike manner and to furnish all labor, materials, tools , and equipment necessary therefore at the prices specified in Exhibit A, attached hereto and by reference made a part hereof, under the direction of and to the complete satisfaction of the Director of Public Works of the City of Stockton. Total compensation for services and reimbursement for costs shall not exceed $198,397.00, or as otherwise mutually agreed to in a Contract Change Order.

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

EXHIBIT 2

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