city council/successor agency to the redevelopment agency …

CITY COUNCIL/SUCCESSOR AGENCY TO THE REDEVELOPMENTAGENCY/PUBLIC FINANCING AUTHORITY CONCURRENT

AGENDA

November 19, 2013 Closed Session 4:00 / Regular Session 5:30

COUNCIL CHAMBER - CITY HALL425 N. EL DORADO ST, STOCKTON CA

Anthony Silva, Mayor/Chair

Paul Canepa, Vice Mayor/Vice Chair (District 3)

Elbert H. Holman, Jr. (District 1) Katherine M. Miller (District 2)

Moses Zapien (District 4) Dyane Burgos Medina (District 5)

Michael D. Tubbs (District 6)

APPOINTED OFFICIALS

Kurt Wilson, Interim City Manager/Agency Executive Director John M. Luebberke, City Attorney/Agency Counsel

Bonnie Paige, City Clerk/ Agency Secretary Vacant, City Auditor

*Citizens may comment on any subject within the jurisdiction of theCity Council/Successor Agency to the Redevelopment Agency,including items on the Agenda. Each speaker is limited to threeminutes. Speakers must submit "Request to Speak" cards to theCity Clerk, and be prepared to speak when called. No speakercards will be received after the close of the Citizen's Commentsportion of the meeting.

**Speakers should hold comments on items listed as a Hearing untilthe Hearing is opened. If a large number of people desire to speakat a Hearing, the Mayor/Chair may reduce the amount of timeallocated to each speaker to three (3) minutes.

***Additions to the Agenda - Government Code Section54954.2(b)(2), allows members of the City Council present at themeeting to take immediate action, with either a two-thirds orunanimous vote, to place an item on the agenda that action must betaken and that the item came to the attention of the City subsequentto the agenda being posted.

All proceedings before the City Council/Successor Agency to theRedevelopment Agency/Public Financing Authority are conducted inEnglish. The City of Stockton does not furnish interpreters and, ifone is needed, it shall be the responsibility of the person needingone. In compliance with the Americans with Disabilities Act, if youneed special assistance to participate in the meetings of the CityCouncil/Successor Agency to the Redevelopment Agency/PublicFinancing Authority, please contact the Office of the City Clerk at(209) 937-8459 at least 48 hours prior to the meeting to enable theCity/Agency to make reasonable arrangements to ensureaccessibility.

Any writings or documents provided to a majority of the City Councilregarding any item on this agenda will be made available for publicinspection at the Office of the City Clerk located at 425 North ElDorado Street, Stockton, California 95202 during normal businesshours or by calling (209) 937-8459. The Agenda is available on theCity of Stockton Website: www.stocktongov.com

CHALLENGING CITY DECISIONS:

The time limit within which to commence any lawsuit or legalchallenge to any quasi-adjudicative decision made by the City isgoverned by Section 1094.6 of the Code of Civil Procedure, unlessa shorter limitation period is specified by any other provision. UnderSection 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later thanthe 90th day following the date on which such decision becomesfinal. 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 incourt, they may be limited to raising only those issues they orsomeone else raised at the meeting described in this notice, or in

1

http://stockton.granicus.com/www.stocktongov.com

written correspondence delivered to the City of Stockton, at or priorto the meeting. In addition, judicial challenge may be limited orbarred where the interested party has not sought and exhausted allavailable administrative remedies.

November 19, 2013 Regular Session 5:30

1. CLOSED SESSION CALL TO ORDER/ROLL CALL

2. ADDITIONS TO CLOSED SESSION AGENDA

3. ANNOUNCEMENT OF CLOSED SESSION

3.1 13-0895 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Number of Cases: Four

Name of Case: Wells Fargo Bank v. City of Stockton (San Joaquin County SuperiorCourt Case No. 39-2012-00277662)

Name of Case: Wells Fargo Bank, National Association, as Indenture Trustee v. Cityof Stockton (San Joaquin County Superior Court Case No. 39-2012-00280741)Name of Case: In re City of Stockton, California - Debtor (United StatesBankruptcy Court, Eastern District of California Case No. 2012-32118)

Name of Case: Richard Price, et al. v. City of Stockton, Redevelopment Agency, etal. (United States District Court, Eastern District Case No. CIV.S-02-0065 LKK JFM)

This Closed Session is authorized pursuant to Section 54956.9(a) of theGovernment Code.

3.2 13-0896 CONFERENCE WITH LABOR NEGOTIATOR

Agency Designated Representative: Interim City Manager Kurt Wilson

Employee Organizations: Unrepresented Units, Stockton City Employees'Association, Operating Engineer's Local 3, Mid-Management/Supervisory LevelUnit, Unrepresented Management/Confidential, Law Department, Stockton PoliceManagement Association, Stockton Firefighters Local 456 International Associationof Firefighters, Stockton Fire Management, Stockton Police Officers' Association(SPOA)


3.3 13-0899 CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION

Number of Cases: Two

2

Based on existing facts and circumstances, there is significant exposure to litigationpursuant to Government Code Section 54956.9(b).

3.4 13-0900 CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION

Number of Cases: Two

Based on existing facts and circumstances, there is significant exposure to litigationpursuant to Government Code Section 54956.9(c).


Agency Designated Representative: Teresia Zadroga-Haase

City Manager


3.6 13-0897 PUBLIC EMPLOYEE APPOINTMENT

Title: City Manager

This Closed Session is authorized pursuant to Government Code Section 54957.

4. PUBLIC COMMENT*

5. RECESS TO CLOSED SESSION

6. REGULAR SESSION CALL TO ORDER/ROLL CALL

7. INVOCATION/PLEDGE TO FLAG

8. REPORT OF ACTION TAKEN IN CLOSED SESSION

9. ADDITIONS TO REGULAR SESSION AGENDA**

10. PROCLAMATIONS, COMMENDATIONS, OR INVITATIONS

11. CITIZENS’ COMMENTS, ANNOUNCEMENTS, OR INVITATIONS*

12. CONSENT AGENDA

12.1 13-0746 APPOINTMENTS TO THE MEASURE W OVERSIGHT COMMITTEE

Legislation Text

3

Attachment A - Applications

12.2 13-0844 PURCHASE OF ONE HYDRO-VAC SEWER CLEANING UNIT

It is recommended that the City Council approve a motion to approve findings andauthorize the purchase of one Hydro-Vac sewer cleaning unit through the City ofMerced's contract with 3T Equipment Company, Inc. of Santa Rosa, CA in theamount of $343,148.27.

Legislation Text

Attachment A - Letter from City of Merced

Attachment B - Quote from 3T Equipment Company

12.3 13-0846 ISSUANCE OF REQUEST FOR PROPOSAL FOR INVESTMENT ANDRECORDKEEPING ADMINISTRATIVE SERVICES TO SUPPORT THE CITY’SDEFERRED COMPENSATION PLANS

It is recommended that the City Council approve findings by motion and authorizethe City Manager to issue a Request for Proposal (RFP) for administrative servicesfor the City's 457(b) and 401(a) Deferred Compensation plans, as an exception tothe competitive bidding process.

Legislation Text

12.4 13-0880 AMENDMENT TO THE SUTTER STREET APARTMENTSREHABILITATION LOAN WITH VISIONARY HOME BUILDERS TO INCREASETHE LOAN BY $150,000 USING HOME INVESTMENT PARTNERSHIPSPROGRAM FUNDING

It is recommended that City Council approve a motion:

1. Approving an amendment to the loan between the City of Stockton and VisionaryHome Builders of California to increase the loan for the rehabilitation of the SutterStreet Apartments, located at 1120 North Sutter Street, by $150,000; and

2. Authorizing the City Manager, or his designee, to execute all documents andtake all necessary and appropriate actions to carry out the purpose and intent of themotion.

Legislation Text

Attachment A - Vicinity Map

Attachment B - Amendment to the Loan Agreement

Attachment C - Amendment to the Regulatory Agreement

Attachment D - Amended and Restated Promissory Note

Attachment E - Amended and Restated Deed of Trust

12.5 13-0907 AWARD CONSTRUCTION CONTRACT TO STOCKTON FENCE AND

4

MATERIALS COMPANY, INC. FOR ELECTRIC POWER GATES AT FIRESTATIONS #2 AND #4, PROJECT NO. 13-22

It is recommended that the City Council approve a motion that adopts thespecifications, and authorizes the City Manager to execute a Construction Contractin the amount of $39,698 to Stockton Fence and Materials Company, Inc., ofStockton, CA, for the Electric Power Gates at Fire Stations #2 and #4, Project No.13-22.

Legislation Text

Attachment A - Vicinity Map

Attachment B - Contract with Stockton Fence and Materials Company, Inc.

12.6 13-0968 2014 CITY COUNCIL/SUCCESSOR AGENCY/STOCKTON PUBLICFINANCING AUTHORITY MEETING CALENDAR

It is recommended that the City Council, Successor Agency, and Stockton PublicFinancing Authority adopt by motion action the 2014 Concurrent CityCouncil/Successor Agency/Stockton Public Financing Authority Meeting Calendar.

Legislation Text

Attachment A - 2014 Meeting and Closed Days Calendar

12.7 13-1000 APPROVE CITY-COUNTY COOPERATIVE AGREEMENT FORBENJAMIN HOLT DRIVE AT PACIFIC AVENUE CROSSWALK INSTALLATION

It is recommended that the City Council approve a motion authorizing the CityManager to execute a Cooperative Agreement between the City of Stockton (City)and San Joaquin County (County) related to the City's participation of $41,830toward installation of a crosswalk on Pacific Avenue at Benjamin Holt Drive.

Legislation Text

Attachment A - Project Area Map

Attachment B - City-County Cooperative Agreement

12.8 13-0976 APPROVAL OF MINUTES

Motion approving the minutes of the October 22, 2013 City Council/ SuccessorAgency to the Redevelopment Agency/Public Financing Authority Concurrentmeeting; and, minutes of the November 2, 2013 Special City Council ClosedSession meeting.

Legislation Text

Minutes - October 22, 2013 City Council Meeting

Minutes - November 2, 2013 Special City Council Meeting

13. ADMINISTRATIVE MATTERS

5

14. UNFINISHED BUSINESS

15. NEW BUSINESS

15.1 13-0840 CREATE TWO NEW CLASSIFIED/REPRESENTED CLASSIFICATIONSFOR THE COMMUNITY DEVELOPMENT DEPARTMENT

It is recommended that the City Council adopt a Resolution creating two newclassified/represented classifications and establishing the salary range forCommunity Development Technician and Senior Community DevelopmentTechnician.

Legislation Text

Resolution - New Community Development Classiciations

16. HEARINGS***

17. COUNCIL COMMENTS

18. ADJOURNMENT

6

http://stockton.granicus.com/MetaViewer.php?view_id=48&event_id=480&meta_id=383664

12.1 13-0746 APPOINTMENTS TO THE MEASURE W OVERSIGHT COMMITTEE Department: Office of the Mayor

7

City of Stockton

Legislation Text

File #: 13-0746, Version: 1

APPOINTMENTS TO THE MEASURE W OVERSIGHT COMMITTEE

RECOMMENDATION

Adopt a resolution ratifying the Mayor’s selections to fill three vacancies on the Measure W OversightCommittee.

Summary

The Measure W Oversight Committee was established April 26, 2005 by City Council resolution 05-0171 pursuant to the Stockton Safe Neighborhood Gang and Drug Prevention Police/Fire ResponseMeasure Program Guidelines. The Committee is tasked with assuring that monies received from thesales and use tax enacted based on Measure W are being spent in accordance with therequirements outlined in the Measure. The Committee considers oral reports by City staff and otherinvolved persons concerning the use of Measure W monies, conducting an annual audit and makingan annual report to the City Council. Member terms are for two years, and members shall serve nomore than two terms. Membership recommendations are made by the Mayor with ratification by thefull Council for appointment.

DISCUSSION

Background

Two of the previous member terms expired November 2, 2012 and remain vacant. The third vacancy,with a term expiration of December 31, 2014, is due to the resignation of committee member TrudyReed. The City Clerk’s Office conducted multiple recruitments to gather sufficient applicants to moveahead with filling the vacancies. By the close of the last recruitment, the Clerk’s Office had receivedsix applicants to fill the three vacancies.

Present Situation

All six of the applications received (attachment A) were sent to the Mayor for review and selection,with the following applicants being selected by the Mayor:

Rev. Dwight WilliamsPaul CavanaughTracie Glaves

To align the committee membership terms of service with the recently revised recruitment process ofholding two recruitments per year, it is recommended that the three vacancies being filled commenceimmediately with a term expiration of December 31, 2015. This will also provide for a staggered term

City of Stockton Printed on 11/13/2013Page 1 of 2powered by Legistar™8

http://www.legistar.com/


makeup of the committee such that four of the existing member’s terms will expire December 31.2014 and three terms will expire December 31, 2015.

FINANCIAL SUMMARY

There is no direct fiscal impact with these appointments as the members of this committee receive noremuneration.

Attachment A - Applications



~~ CITYOF ~STOCKTON

APPLICATION FOR APPOINTMENT AND BACKGROUND INFORMATION FOR

BOARDS, COMMISSIONS, AND COMMITTEE

Stockton hOcll ........ 'Ill I.'

m 1} Please provide all information requested. - I 2) Please print or type all entries in black or blue ink only. '---;::C""IT;:;:Y-;""AC~LE~R;:,K,.,..---1

/

I 2012

3) Any attachments must be single sided, 8 ~X 11 paper. C ITY OF STOCK 1 ON

4) Information contained on this form is public record. 5) With the exception of the information contained on this first page, all other information contained in this application may be

posted on the City's website for pubflc view. 6) Submit completed application to: Office of the City Clerk, City Hall 1st Floor, 425 North El Dorado Street , Stockton, CA

95202; Phone; (209) 937-8459

BOARD/COM MISSION/COMMITTEE NAM E:_W-=-AT_E_R:-:AD_V-=-IS_OR-:-Y_G_RO--:-U-:-P~-:-:----:-~:----::--::-----Complete Supplemental Questionnaire, if applicable

Voter Registration: The City of Stockton requires members of the City Council Salary Setting Commission, Civil Service Commission/Equal Employment Commission, and San Joaquin County Mosquito and Vector Control District to be registered voters of the City of Stockton. Please fill out the information below If you are applying for one of these positions so that your voter registration may be verified:

(Foon adopted by City Council on 10-10-95; Revised 12/13110) C:\Oocuments and Settlngs\bhunter.CITYOFSTOCKTON\My Documents\125665-1 .doc

10

City of Stockton APPLICA110N CONTINUED Page 2 of 5

PAUL CAVANAUGH

APPLICANT NAME

Please state the reason you would like to be a member of this board/commission: I WANT TO STAY ACTIVE IN MY COMMUNIITY IN AREAS OF MY EXPERTISE

Have you served on an advisory group before? ~If yes, please explain: •wAs.YPOHTa)TO'OESJCoaCITIZENSIIOVIOORYco....,rm"l"" cnvCO\JNCII..w. 1 ALSO SERVED ON THE MEASURE L CITIZE~S OVERSIGHT COMMITTEE FOR $AN JOAQUIN DELTA CCLLEGE

How did you hear about the position?_.:.N:.:.ew:..:..:SP:..;.,;,.:.AP..::.eR~----------------------

City Council Policy 100-2 states that board/commission members are required to attend meetings on a regular basis. If appointed, will you be able to attend meetings regularly and devote the tlme necessary to fulfill your duties as a member? Yes x No __ _

Do you or immediate family members have any relationship (professional, financial, other) that may present a potential conflict of interest for this advisory group? Yes___ No ..;.;x __

If yes, please explain------------------------------------

SUPPLEMENTAL QUESTIONNAIRE: Please complete the following if applying for a vacancy on any of these listed boards/commissions/committees:

0 49·99 Cooperative Library System Advisory Board You must be a resident of San Joaquin County, but not the City of Lodi. Do you meet this requirement? 0 Yes 0 No

0 Stockton Arts Commission Outside of your profession indicate what type of Arts you are active in {circle any that apply): Music, Dance. Theater, Cinema, Photography, Architecture, Art Criticism, Textile Arts, Literary Arts, the Visual Arts, including (but not limited to) the Public or Environmental Arts, Graphic Arts, Design, Drawing, Painting, Printmaking, Sculpture, Ceramics, and Art History Are you interested in or accomplished in fUnd-raising? 0 Yes 0 No

0 Building and Housing Board of Appeals/ Handicapped Access Board of Appeals Do you have experience in any of the following areas (circle any that apply): General Building Contractor, Plumbing Contractor, Electrical Contractor, or Mechanical Contractor; Engineer or Architect. Are you a disabled citizen? 0 Yes 0 No

0 Central Parking District Advisory Board Do you own real property or are you an executive officer of a corporation that owns real property within the Central Parking District? D Yes 0 No Specify property address(es): -------------------

0 Climate Action Plan Advisory Committee Do you actively represent any of the following interest groups within the City of Stockton (circle any that apply): Environmental, Non-Profit Community Organization, Labor, Business, Developer

0 Cultural Heritage Board Are you knowledgeable have experience in, or extensive background in any of the following areas (circle any that apply): Historic or cultural traditions of the community, preservation, architecture, construction technology, real-estate, construction industry, California licensed Architect, Historian, Stockton resident for 40 years or longer.

"' Development Oversight Commission Do you work in Stockton or with a firm/organization that does business in Stockton? 0 Yes Ill No State name/address of firm/organization:--:---:-:-----------------------Are you any of the following (check any that apply) 0 Local architect/designer I] Local Civil Engineer 0 Mixed Use Builder/Developer D Local Representative from public at-large D Local Non Profit Builder/Developer D Port of Stockton Executive (CEO or Designee) D San Joaquin Partnership Executive (CEO or Designee) Building Industry Association 0 Executive (CEO or Designee) .QL D Mixed Use Builder/Developer Builder's Exchange 0 Executive (CEO or Designee) .Q! 0 General Contractor

C:\Documents and Settings\bhunter.CITYOFSTOCKTON\My Documents\125665·1.doc (Form adopted by City Council on10-10-95; Revised 12-13·1 0)

11

City of Stockton APPLICATION CONTINUED Page3 of5

Ill Port Commission

PAUL CAVANAUGH

APPLICANT NAME

Do you reside within the Port District boundary or consistent with the City General Plan boundaries, plus a one--half mile strip on either side of the Stockton Ship Channel from the Port to Disappointment Slough, if so for how long?-------

0 Public Art Advisory Committee (circle any that apply) Employed as a professional visual artist, critic of contemporary visual art forums, or have knowledge of, or skill/experience in any of the following: activist for the visual environment, public art, regionaUnational individual artists work, understanding of ethnic/gender diversity, the Stockton Public Art Plan processes and implications for the City, decision-making ability, willingness to tolerate/promote change, new artistic & design expressions, community activities significant enough to confirm knowledge of issues and individuals within the community. Must be a resident of stockton for at least 3 years.

D San Joaquin Regional Transit District Board Have you resided within the Transit District boundaries for at least one year? 0 Yes 0 No Are you a resident in the City of Stockton? DYes 0 No

D Sports Commission (circle any that apply) If you are not a resident of Stockton, do you own and/or operate a business within the City or are a sponsor or associated with a sports related event, name of business or event(s): ---------------------

Ill Stockton Measure W Oversight Committee Do you reside within Stockton's geographic boundary? 0 Yes 0 No Are you at least 28 years of age? ~Yes D No Are you an employee of any vendor, contractor or consultant doing business with the City of Stockton? D Yes ~ No

Ill Council Water Advisory Group Do you reside within one of the Stockton Municipal Utilities' three utility service areas? 111 Yes 0 No It so, state which one: youtetlmo

D Youth Advisory Committee (fill in, circle, or check) High school enrolled in: Will you be a senior next committee term? DYes 0No Are you a member of one of the following Community Centers? McKinley, Seifert and Seirra Vista, Stribley and Van Buskirk, other: -=---:-:-::~-:-:--:-----:-:--:-=-=~-:-:----:---: Which Council District do you reside in? District 1, 2, 3, 4, 5, or 6 (leave blank if you do not know).

BACKGROUND INFORMATION

WORK EXPERIENCE: List names, addresses, and dates of employers for the last five (5) years. Attach additional sheets of paper if needed.

FROM: MO. JAN DAY YEAR 2008 EMPLOYER NAME CITY OF GALT ----------------------------TO: MO. OCT DAY YEAR 2010 ADDRESS 495 INDUSTRIAL DR, GALT CA 95632 DUTIES: CITY ENGINEER, CITY SURVEYOR, CITY TRAFFIC ENGINEER

FROM: MO. FEB DAY YEAR 2006 EMPLOYER NAME MID VALLEY ENGINEERING

TO: MO. OCT DAY YEAR 2007 ADDRESS 10100 TRIBITY PARKWAY, STKN CA

DUTIES: ASSISTANT DIRECTOR OF ENGINEERING, LAND DEVELOPMENT CONSULTANT

BUSINESS ENTERPRISES: Ust business name, including fictitious name and address of any business enterprises currently or previously owned or operated.

FROM: MO. JAN DAY __ YEAR 1982 BUSINESS NAME CSI CONDUCTANCE MEASUREMENT

TO: MO. DEC DAY YEAR 1986 ADDRESS 1820 N HUNTER ST., STKN CA

C:\Documents and SeUings\bhunter.CITYOFSTOCKTON\My Documenls\125665-1 .doc (Form adopted by City Council on 10-10-95; Revised 12-13-10)

12

City of Stockton PAUL CAVANAUGH APPLICATION CONTINUED APPLICANT NAME Page4 of 5

TYPE OF BUSINESS OR SERVICE RENDERED: DELTA LEVEE SOIL CONDUCTANCE MEASUREMENT

A resume reflecting experience, community activities, or other qualifications not listed below may be attached in order to assist the Council in evaluating your application_ (Optional)

EDUCATION: BSCE-CIVtl ENGINEERING AND SEE ATTACHED RESUME AND SAN JOAQUIN DELTA COLLEGE MEASURE L BIO

CONFLICT OF INTEREST: State and local law requires that you abstain from participation in decisions that may affect your financial interests, including sources of income and interest in real property or investments. In addition, if appointed you may be required to fill out a disclosure statement that identifies cet1ain of your financial interests beginning with the immediate twelvemonth period prior to your appointment. Based on your best judgment, does this board or commission make decisions that may affect any sources of income, interests in real property, or investments of you or your spouse?

Yes __ No _X __ If yes, please explain. Identify any organizations, associations, corporations, or entities by which you are employed or associated that might be affected by decisions of this board or commission and the positions you

hold·-----------------------------------------------------------------------------

INFORMATION REGARDING CONFLICT OF INTEREST AND FILING OF STATEMENTS OF ECONOMIC INTERESTS

In accordance with Government Code Sections 87300-87313 and the City of Stockton's Conflict of Interest Code, this Board/Commission/Committee may be designated to file Statements of Economic Interests.

If you are appointed to this Board/Commission/Committee, you may be required to file statements disclosing certain types of information so that the public can be made aware of potential conflicts of interest. The types of disclosure are:

Investments lnteres1s in Real Property (other than your residence) Interests in Real Property Held by a Business Entity or Trust Investments Held by a Business Entity or Trust Income (other than loans and gifts) Income- Travel Payments, Advances, Reimbursements Income Gifts Business Positions Commission Income Received by Brokers, Agents, and Salespersons Income and Loans to a Business Entity or Trust Income from Rental Property

If you have any questions regarding disclosure requirements, please contact the City Clerk's Office at 937-8458.

CONVICTIONS: Conviction of a crime is not necessarily a bar to appointment Each case is considered separately based on requtrements of the position; however. failure to list convictions may result in dfsqualffication.

1. Have you ever been convicted of a felony? If yes. please explain:

NO

2. List each civil action, if any, in which punitive or exemplary damages have been assessed against you, indicatmg in each instance the date of the trial, court judgment and the location of the court which rendered the judgment:

NONE C:\Documents and Settings\bhunter,CITYOFSTOCKTON\My Documents\125665·1.doc {Form adopted by City Council on 10-10-95; Revised 12-13-10)

13

City of Stockton APPUCAnON CONTINUED PageS of 5

APPLICANT NAME

I DECLARE, UNDER PENALTY OF DISQUALIFICATION AND TERMINATION, THAT ALL STATEMENtS IN TH1S APPUCATION ARE TRUE AND COMPLETE TO THE BEST OF MY KNOWLE~

Sgnature \J-tkf ffo~ Date ¥ ~~ :Mt '2-Piease identify any specialized accommodations needed for equal participation: _Noo.;.....;;..e ____________ _

The following information is voluntary and is gathered in accordance with State and Federal laws for the purpose of evaluating the effectiveness of our Affirmative Action and recruitment efforts. Please check: _x __ Male Female

_White (Not Hispanic Origin) All persons having origins fn any of the original peoples of Europe, Nortn Africa or the Middle East

_Biad< (Not Hispanic Origin) All persons having origins in any of the Blad< racial groups of Africa.

_Hispanic All persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish culture or origin, regardless of race.

_American Indian or Alaska Native All persons having origins in any of the original peoples of North America and who maintain cultural identifications through tribal affiliation or community recognition. Please identify your tribal affiliation.

_Filipino All persons having origins in the Philippine Islands.

_Asian

The Stockton City Council appoints members to the various City of Stockton Boards and Commissions. The Council also appoints representatives to serve on various other San Joaquin County agencies as well. Please check the boxes below if you are interested in serving on any other boards/commissions. To find out about what these boardsfcommissions do and if you qualify. please visit the City of Stockton website at www.stocktongov.com/commissions

049-99 Cooperative Library System Advisory Board

DArts Commission

lj)Building and Housing Board of Appeals

0Central Parking District Advisory Board

0City Council Salary Setting Commission

0Civil Service and Equal Employment Commissions

0Ciimate Action Plan Advisory Committee

II!Community Development Committee

OCultural Heritage Board

II! Development Oversight Commission

~Handicapped Access Board of Appeals

!JIMeasure W Oversight Committee

OParks and Recreation Commission

~ Planning Commission

M1 Port Commission

0 Public Art Advisory Committee

0 Redevelopment Commission/Relocation Appeals Board

Ill San Joaquin County Commission on Aging

0 San Joaquin County Mosquito And Vector Control District

0San Joaquin Regional Transit District Board

0Sports Commission

~ Water Advisory Group

0 Youth Advisory Commission (must be in high school to serve on this Commission)

C:\Documents and Settings\bhunter.CITYOFSTOCKTON\My Documents\125665-1.doc (Fonn adopted by City Council on 10-10-95; Revised 12-13-10)

14

OBJECTIVE Seek full-time employment as a Civil Engineering Manager using my leadership, design experience, organizational and communication skills to manage people to deliver community improvement projects.

PROFILE Engineering project manager with experience in many community development activities in both the private and public sectors, including engineering design, land-use planning, CEQAINEP A review and compliance, project management, traffic safety/operations, construction activities, personnel management, client services, corporate development and public administration.

QUALIFICATIONS Skills Time management Problem solver Team Player/Leader Skill at making complex decisions Design experience Traffic safety studies Guide and direct others

ACCOMPLISHMENTS

Traits Dependable and Reliable Steady and on time Public contact skills Work assignments as needed Professional demeanor Ability to handle conflict Flexible and open to new ideas

• Delivered Central Galt Interchange from EIR to approved PS&E and Bid award. • J mproved Statewide Encroachment Pemili cost recovery from 25% by training

and motivation of staff to 50% in two years. • Delivered many residential subdivisions from Developer concept to lot sales. • Adapted conductance technology fol' Sacramento-San Joaquin Delta levee soils to

prevent levee failure and flooding resulting in Federal and State acceptance. • Increased Caltrans Encroaclunent permit resources in Governor's State Budget by

providing required justification to the State Finance Department. • Transferred Outdoor Advertising to Traffic Operation Division in Caltrans

through State Personnel Board justification process. • Obtained three revisions to Federal Insurance Rate Maps (FIRM).

PROFESSIONAL IDSTORY Marketing Chairman Professional Resource Network (PRN) -Manteca, California, November 2010 to Present Volunteer position to assist Professional, Technical and Managerial job seekers. This is a networking; career search organization (Job Club) called "Experience Unlimited" sponsored by the California Employment Development Department (EDD). My duties included promotion of its members and recruiting new members that are in job transition. PRN provides free resources and workshop training in resumes/cover letters~ ProblemSolution-Result (PSR) and interview & salary negotiations. Many guest speakers are scheduled for weekly membership meetings to address job transitions issues.

l

15

City Engineer I City Surveyor I City Traffic Engineer City of Galt- Public Works Department, January 2008 to October 2010. Respons ible for engineering design, capital improvement program (CIP) delivery, development services and field inspection in the City's Public Works Department. Supervise two engineers, two technical staff and two field inspectors. Administer budgets, prepares correspondence, council staff reports, primary point of contact with State and County involving transportation projects. Oversight of specialty consultants performing engineering services to the City to deliver projects on time and within budget. Served as City's project manager for the Central Galt Interchange project during PS&E development to bid opening day.

Assistant Director of Engineering Mid Valley Engineering- Stockton, California, February 2006 to October 2007. Duties as responsible design engineer for newly established Stockton branch office include project management and staff development for the firm's Stockton and Northern Nevada land development clients. Oversees branch office engineering staff of seven engineers, designers and technicians. Coordination with corporate office for resources and Nevada branch office for project management.

Chief, Encroachment Permit Branch California Department of Transportation- Headquarters, Sacramento, 1998 to 2006. Directs and oversees the statewide encroachment permit program of 12 District offices, 240 staff: and editor of Caltrans Encroachment Permit Manua~ sets policy, approves exceptions. Improved cost recovery for private sector permit activities on State highways. Concurrently managed and transferred the Outdoor Advertising (ODA) Branch duties and staff of eight from the Right of Way Division to Traffic Operations Division Responsible for responses to inquiries from political, Legislature and Agency which dealt with Encroachment Permits and ODA issues.

Associate Transportation Engineer California Department of Transportation- District 10, Stockton, 1991 to 1998. Squad supervisor of three engineers who's duties included traffic safety studies, developed highway operational improvement projects, intergovernmental review (IGR) analysis, CEQA mitigation; master highway corridor planning and encroachment permit plan review. Also assisted the Planning Division and !tight of Way Division.

Engineering Division Manager Nolte & Associates- Manteca, California, 1987 to 1991. Developed the new Manteca branch office for Nolte & Associates. While supervising three design squads, I established consulting services to cities, county and land developers in all phases and disciplines of community development and public infrastructure.

Project Engineer Kjeldsen-Sinnock & Associates- Stockton California, 1984 to 1986. Managed commercial and industrial land development projects, performed water resources and flood plain management studies as levee Reclamation Engineer. Heavy

2

16

emphasis on reclamation, hydrology studies, design and construction. This position was part time and held in conjunction with responsibilities with CSI Subsurface Conductance measuring and provided a valuable broadening of scope in reclamation and hydrology expertise.

Principal Engineer/Partner, CSI Subsurface Conductance 1982 to 1986. Received a research grant for applying conductance technology in the Sacramento-San Joaquin Delta Levee systems. Successfully developed a low cost method to detect potential subsurface levee problems, and subsequently entered into consulting with reclamation districts. Presented and obtained priority funding from the Levee Maintenance and Subventions Program (Way Bill 1985). Surveyed 800 miles of Delta Levees in the mid 1980's.

Project Manager R.W. Siegfried & Associates- Stockton, California 1973 to 1983. Engineering design and project management for residential, commercial, industrial land development and municipal redevelopment. Reclamation Engineer for flood plain management. Assessment District Engineer for residential and industrial subdivisions.

EDUCATION California State University, Bachelor of Science in Civil Engineering San Joaquin Delta College, Associate of Arts Degree, Engineering State of California DOT, Supervisors Workshop UC Berkeley Extension - Freeway Operations Academy State of California DOT - Traffic Operations Academy ASCE Storm Drainage Courses

LICENSES California Registered Civil Engineer, C26500 California Licensed Traffic Engineer, TR2010 Nevada Licensed Civil Engineer, C18073 Arizona Registered Civil Engineer, C45903

CERTIFICATION Past President, California Society of Professional Engineers, San Joaquin Chapter. Past Chair, Citizens' Advisory Committee, San Joaquin Council of Governments. Past Member, Citizens' Oversight Committee, Measure L, San Joaquin Delta College. Value Engineering Certificate. Sustained Superior Accomplishment Award from Caltrans Director. Certificate of Appreciation - DOT, Native American Liaison Branch. Board Member, Cumberland Homes Association Inc. Eagle Scout during teenager years.

LIST OF PROJECTS MANAGED UPON REQUEST

EXCELLENT REFERENCES UPON REQUEST

3

17

Paul Cavanaugh's Bio

Paul Cavanaugh is a fourth generation San Joaquin County resident. Paul attended San Joaquin Delta College from 1968 through 1970 and went on to received his civil engineering degree from California State University, Chico in 1973 and became a registered Civil Engineer in 1976. Between 1973 to 1991, Paul worked for three private engineering consulting firms specializing in commercial and residential land development in the cities of Stockton, Lodi, Manteca and Tracy. In the mid 1980's, Paul received a research grant to adapt subsurface soil conductance measuring electronics fur the Delta Levee systems. Paul and his partner went on to survey 800 miles of Delta levee systems to identify levee conditions that could lead to levee failure if not treated by various traditional methods.

By 1991, Paul had decided to try the public sector engineering field when a dip in the economy reduced the housing development market. Paul signed on with the California Department ofTransportation (Caltrans) District 10 office in Stockton. He specialized in traffic safety and operations of the State Highway system. In 1998, the Sacramento Headquarters office of Caltrans recruited Paul, to oversee the statewide Encroachment Permit program. Accomplishments included improved cost recovery and securing new resources for the Program. By 1999, Paul became a registered Traffic Engineer. In 2002, Caltrans added new responsibilities for Paul and his staff to regulate the Outdoor Advertising industry in the State.

In 2006. Paul returned to the private sector to be the Assistant Director of Engineering for a new branch office of Mid Valley Engineering in Stockton. Paul served land development clients in San Joaquin County and Northern Nevada and obtained professional registration in Nevada and Al·izona during that time.

In 2008, Paul became the first City Engineer for the City of Galt. His most important project was the new Central Galt Interchange on State Highway 99. He also delivered the annual Capital Improvement Program (CIP).

Paul has been married for over 31 years to his wife, Kathleen, Daughter Aine, (pronounced On-yah) graduated from CSUS and currently employed at Care-More in Modesto, she was also a professor of nursing at California State University, Stanislaus and received her masters in nursing on May 2011 from Sonoma State University. Son Mark graduated from Cal Poly SLO in Industrial Engineering and is employed by Cjsco Systems in California's Silicon Valley and recently received his Black Belt in Six Sigma and sent to Cisco's Asian factories for process improvements. Daughter Maura (pronounced More- rah) is a senior at the California Sate University, Chico as an Art History major and works part time in a high volume shoe store. Paul's hobbies include summer camping, fly fishing, sailboat racing in the Delta and vegetable gardening in the backyard.

18

~)CITYOF STOCKTON

APPLICATION FOR APPOINTMENT AND BACKGROUND INFORMATION FOR

BOARDS, COMMISSIONS, AND COMMITTEES

1) Please provide all information requested. 2) Please print or type all entries in black or blue ink only. 3) Any attachments must be single sided, 8 % X 11 paper. 4) Information contained oo this form is public record. 5) With the exception of the information contained on this first page, all other information contained in this application may be

posted on the City's -website for public view. 6) Submit completed application to: Office of the City Clerk, City Hall 1st Floor, 425 North ElDorado Street, Stockton, CA

95202; Phone: (209) 931-8459

BOARD/COMMISSION/COMMITTEE NAME: Measure w Oversight committee Complete Supplemental Questionnaire, if applicable

Voter Registration: The City of Stockton requires members of the Cily Council Salary Setting Commission, Civil Service Commission/Equal Employment Commission, and San Joaquin County Mosquito and Vector Control District to be registered voters of the Cil.y of Stockton. Please fill out the information below if you are applying for one of these positions so that your voter registration may be verified:

(Form adopted by City Council on 10-10-95; Revised 12/13/10) C:\Documenm ami SeWngs\bhamter .. CITYOFSTOCKTON\My Documents\125665-'l.doc

19

City of Stockton APPUCATION CONTINUED Page3of5

D Port Commission

Albert Duncan ~ APPUCANT NAME

Do you reside within the Port District boundary or consistent with the City General Plan boundaries, plus a one-half mile strip on either side ofthe Stooldoo Ship Channel from the Port to Disappointment Slough, if so for how long?-------

0 Public Art Advisory Committee (circle any that apply) Employed as a professional visual artist, critic of contemporary visual art forums, or have knowledge of, or skill/experience in any of the followiilflQ: activist for the visual environment, public art, regional/national individual artists work, undeJTStanding of ethnic/gender diversity, the Stockton Public Art Plan processes and implications for the City, decision-making ability, willingness to tollemtelpromote change, new artistic & design expressions, community activities significant enough to confirm knowledge of issues and individuals within the community. Must be a resident of Stockton for at least 3 years.

0 San Joaquin Regional Transit District Board Have you resided within the Transit District boundaries for at least one year? 0 Yes 0 No Are you a resident in the City of Stockton? DYes 0 No

0 Sports Commission (circle any that apply) If you are not a resident of Stockton, do you own and/or operate a business within the City or are a sponsor or associated with a sports related event, name of business or event(s): ---------------------

111 Stockton Measure W Oversight Committee Do you reside within Stockton's geographic boundary? !il Yes 0 No Are you at least 28 years of age? DYes D No Are you an employee of any vendor, contractor or consultant doing business with the City of Stockton? 0 Yes Iii No

0 Council Water Advisory Group Do you reside within one of the Stockton Municipal Utilities' three utility service areas? 0 Yes 0 No If so, state which mm: _____________________________ __

0 Youth Advisory Committee (fill in, circle, or check) High school enrolled in: Will you be a senior next committee term? []Yes ONo Are you a member of one of the following Community Centers? McKinley, Seifert and Seirra Vista, Stribley and Van Buskirk,

~r.~-~~~~----~~~~~~~ Which Council District do you reside in? District 1, 2, 3, 4, 5, or 6 (leave blank if you do not know).


WORK EXPERIENCE: list names, addresses, and dates of employers for the last five (5} years. Attach additional sheets of paper iff needed.

FROM: MO. 07 DAY 09 YEAR 2012 EMPlOYER NAME Oakland Fire Department TO: MO. Present DAY YEAR ADDRESS 150 Frank H. Ogawa Plaza Oakland CA 94616

DUTIES: Firefighter-paramedic providing ali levels of emergency medicine, fire mitigation, fire inspection and prevention activities

FROM: Mo.04 DAY23 YEAR2012 '------..! -----

EMPLOYER NAME CALFIRE '----------------------TO: MO. 07 DAY 03 YEAR2012 ADDRESS 17501 N. Highway 101 Willits CA 95490 DUTIES: Fire Captain providing all levels of emergency medicine, fire mitigation, fire inspection and prevention activities

BUSINESS ENTERPRISES: list business name, including fictitious name and address of any business enterprises currently or previously owned or operated.

FROM: MO .. __ DAY ___ YEAR,__ _ _,.!BUSINESS NAME._N_a ______________ _

TO: MO. DAY YEAR ADDRESS __________________ _

C:\DocllmerrJis aoo SeMilr~g~sU!hl.ln'lter.cmroFSTOCKTOMMy Documents\125005-1.00<: (IForm adopted by City Council on 1 0-11)..95; Revised 12-13-10)

20

City of Stockton APPLICATION CONTINUED Page4of 5

Albert Duncan APPLICANT NAME

TYPE OF BUSINESS OR SERVICE RENDERED: n/a --------------------------------------------A resume reflecting experience, community activities, or other qualifications not listed below may be attached in order to assist the Council in evaluating your application. (Optional)

EDUCATION: .No .degree, however I do possess 75+ semester hours from various community colleges (see attached resume for details)

CONFLICT OF INTEREST: State and local law requires that you abstain from participation In decisions that may affect your financial interests, including sources of income and interest in real property or investments. In addition, if appointed you may be required to fill out a disclosure statement that identifies certain of your financial interests beginning with the immediate twelvemonth period prior to your appointment. Based on your best judgment, does this board or commission make decisions that may affect any sources of income, interests in real property, or investments of you or your spouse?

Yes __ No _x__ If yes, please explain. Identify any organizations, associations, corporations, or entities by which you are employed or associated that might be affected by decisions of this board or commission and the positions you hold . .;,;n/.;;..a ______________ __,.. _____________________ _


In accordance with Government Code Sections 87300 - 87313 and the City of Stockton's Conflict of Interest Code, this Board/Commission/Committee may be designated to file Statements of Economic Interests.


Investments Interests in Real Property (other than your residence) Interests in Real Property Held by a Business Entity or Trust Investments Held by a Business Entity or Trust Income (other than loans and gifts) Income -Travel Payments, Advances, Reimbursements Income Gifts Business Positions Commission Income Received by Brokers, Agents, and Salespersons Income and Loans to a Business Entity or Trust Income from Rental Property


CONVICTIONS: Conviction of a crime is not necessarily a bar to appointment. Each case is considered separately based on requirements of the position; however, failure to list convictions may result in disqualification.

1. Have you ever been convicted of a felony? If yes, please explain:

no

2. List each civil action, if any, In which punitive or exemplary damages have been assessed against you, indicating in each instance the date of the trial, court judgment and the location of the court which rendered the judgment:

C:\Documents and Settings\bhunter.CITYOFSTOCKTON\My Documents\125665-1.doc (Form adopted by City Council on 10-10-95; Revised 12-13·10) 21

City of Stockton APPLICATION CONTINUED Page 5 of 5

Albert Duncan

APPLICANT NAME

I DECLARE, UNDER PENALTY OF DISQUALIFICATION AND TERMINATION, THAT ALL STATEMENTS IN THIS APPLICATION ARE TRUE AND COMPLETE TO THE BEST OF MY KNOWLEDGE.

Date a2·os-2o1a

Please identify any specialized accommodations needed for equal participation: _nt.;;.a --------------


_.XWhlte (Not Hispanic Origin) All persons having origins in any of the original peoples of Europe, North Africa or the Middle East

__ Black (Not Hispanic Origin) All persons having origins in any of the Black racial groups of Africa.


_American Indian or Alaska Native All persons having origins In any of the original peoples of North America and who maintain cultural identifications through tribal affiliation or community recognition. Please identify your tribal affiliation.


_Asian

The Stockton City Council appoints members to the various City of Stockton Boards and Commissions. The Council also appoints representatives to serve on various other San Joaquin County agencies as well. Please check the boxes below if you are interested in serving on any other boards/commissions. To find out about what these boards/commissions do and if you qualify, please visit the City of Stockton website at www.stocktongov.com/commissions


DArts Commission

0Building and Housing Board of Appeals



!I]Civil Service and Equal Employment Commissions

0CIImate Action Plan Advisory Committee

0Community Development Committee

0Cultural Heritage Board

0Development Oversight Commission

0Handicapped Access Board of Appeals

!I]Measure W Oversight Committee

0Parks and Recreation Commission

D Planning Commission

0 Port Commission

D Public Art Advisory Committee

·Ill Redevelopment Commission/Relocation Appeals Board

0 San Joaquin County Commission on Aging

D San Joaquin County Mosquito And Vector Control District


0Sports Commission

D Water Advisory Group

0 Youth Advisory Commission (must be In high school to serve on this Commission)

C:\Documents and Settings\bhunter.CITYOFSTOCKTON\My Documents\125665-1.doc (Form adopted by City Council on 10-10-95; Revised 12-13-10) 22

Albert Duncan APPLICATION FOR APPOINTMENT AND BACKGROUND·INFORMATION FOR

BOARDS, COMMISSIONS, AND COMMITTEES MEASURE W OVERSIGHT COMMITTEE

WORK EXPERIENCE: Continued

FROM: M0._02_DAY_14 YEAR_2011_

TO: M0._04_DAY _23 __ YEAR_2012 __

EMPLOYER NAME: Riverside County Fire Department

ADDRESS: 16902 Bundy Avenue Riverside, CA 92518

DUTIES: EMS Specialist: Development and delivery pre-hospital emergency medical care procedures

FROM: M0._02_DAY_06 YEAR_2006_

TO: M0._11_DAY _10 __ YEAR_2010 __

EMPLOYER NAME: Presidio Fire Department

ADDRESS: 218 Lincoln Blvd. San Francisco, CA 94129

DUTIES: Firefighter-Paramedic providing all levels of emergency medicine, fire mitigation, fire inspection and prevention activities.

23

WORK EXPERIENCE

OAKLAND FIRE DEPARTMENT Firefighter-Paramedic

Oakland, California July 2012-to- Present

Firefighter-Paramedic providing all levels of emergency medicine, fire mitigation, fire inspection and prevention activities. Function as a member of the Urban Search and Rescue Task Force and Terrorism Liaison Officer. Perform daily station and apparatus inspections and maintenance. Drive and Operate all fire apparatus including but not limited to: Fire Engines (Type-1, Type-3), Aerial Ladder Trucks, Rescues and staffvehicles.

CALFIRE-MENDOCINO UNIT Fire Captain

Willits, California April2012-to- July 2012

Supervise the work of an engine company( s) and hand crews; with other Fire Captains share in the management of a fire station including the maintenance of emergency apparatus and equipment. Plans and assigns work, gives instructions, maintains discipline, and makes decisions relating to the supervision of engine companies and hand crews engaged in fighting wildland, structural, or other fires, flood control, hazardous materials incidents, emergency responses, vehicle extrication incidents, and other emergency activities.

RIVERSIDE COUNTY FIRE DEPARTMENT EMS Specialist

Riverside, California February 2011-to-April2012

Development and delivery of curriculum for all pre-hospital emergency medical care procedures. Administer certification and recertification of Emergency Medical Technicians and Paramedics. Monitor the field performance of personnel to identify any deficiencies and determine training needs. Assist with quality assurance of the EMS system. Coordinate and instruct CPR, Advanced Cardiac Life Support (ACLS), and Pediatric Advanced Life Support (PALS), Pre-Hospital Trauma Life Support (PHTLS) classes. Assist with Fire Technology and CSFM course insb.11ction including; Fire Control (3A, 3B), Firefighter Safety/Survival (RIC), Vent-over-Fire and Auto Extrication. Proficient in various computer platforms and programs (Word, Excel, PowerPoint, etc.) CALFIRE contract county.

PRESIDIO FIRE "DEPARTMENT Firefighter-Paramedic

San Francisco, California February 2006-to-November 2010

Firefighter-Paramedic providing all levels of emergency medicine, fire mitigation, fire inspection and prevention activities. Function as team member/leader of the technical rescue program including oversight of the Golden Gate Bridge high-angle, worker rescue program. Development and management of Firefighter-Internship Program hosted through the San Francisco City College. Sole Paramedic Preceptor for the Department and adjunct instructor of various Fire Control and rescue classes. Perform daily station and apparatus inspections and maintenance. Drive and Operate all fire apparatus including but not limited to: Fire Engines (Type-1, Type-3), Aerial Ladder Trucks, Rescues, ambulances and staff vehicles.

F.E.M.A. CATF-4 URBAN SEARCH & RESCUE Caninefl'echnical Search Specialist

Oakland, California December 1999-to-Present

Currently assigned as a Technical Search Specialist for one of only 28 nationally organized Search and Rescue Teams responsible for the location, extrication and initial medical stabilization of victims of natural and man-made disasters within the United States. Additionally certified as a Canine Search Specialist (Handler), Rescue Specialist and Heavy Equipment Rigging Specialist. Assist in instruction for discipline specific courses.

24

STOCKTON .FIRE DEPARTMENT Fire Captain-Paramedic

Stockton, California Aprill997-to-August 2007

Promoted to the Rank of Fire Captain (10~04) with a Class 1 Department providing all levels of emergency mitigation to a culturally diverse population of over 250,000 (40,000+ calls/year. Function as a Paramedic-Preceptor and member of the EMS Quality Assurance Program. Certified (California OES Heavy Rescue) member ofthe Technical Rescue Company and assigned as the sole Urban Search and Rescue Canine Handler. Scbedule and conduct various residential, commercial and hydrant inspections and facilitate multiple school and public education demonstrations. Complete station ordering, incident reports and communications.

RUSSELL PHILLIPS & ASSOCIATES, LLC Fire and Emergency Management Consultant

Elk Grove, California May 2005-to- February 2006

Designed and implemented all-risk emergency management plans for various healthcare facilities. Conducted fire and life safety evaluations of buildings based on National Fire Protection Association-Life Safety Code. Conducted simulated exercises/drills with facility staff related to all levels of emergency mitigation.

STOCKTON AMBULANCE Paramedic

Stockton, California December 1994-to-February 1997

Function as a single Paramedic responder in a busy 9-1-1 EMS system providing advanced lite support (Airway, N, Drug Therapy, Cardioversion/Defibrillation) to the sick and injured. Paramedic Preceptor/Field Training Officer to multiple paramedic students. Instructor: CPR, Advanced Cardiac Life Support and Pediatric Advanced Life support. Maintained aU equipment, records and certifications. Responsible for narcotic accountability and usage reporting.

U.S. ARMY, 377tb Medical Company (Air Ambulance) Flight Medic/Combat Medical Specialist

Son Nam, Korea January 1991-to-June 1993

Flight crew-member (medic) on a UH~60 Blackhawk helicopter providing advanced life support to military and civilian casualties on the South Korean Peninsula. Performed air medical transport and hoist-rescue missions under day and night (NV G) conditions. Designated .. Combat Life Saver'' Instructor and performed assigned as Assistant Unit Annorer.

CLEMENTSVOLUNTEERFIREDEPARTMENT Firefighter-EMI'

Clements, California September 1987-to-June 1990

Volunteer F:irefighter-EMT responding to all emergency and non-emergency Fire, Medical and assistance calls. Ensured the maintenance of all fire apparatus, equipment, stations and grmmds.

San Joaquin Delta College, Stockton, California

Modesto Junior College, Modesto, California

Riverside Community College, Riverside, California

Allan Hancock College, Santa Maria, California

City College of San Francisco, San Francisco, Ca.

EDUCATION

Fire Science

Paramedic

Fire Officer

Fire Officer

Fire Officer

37 Semester Units

34 Semester Units

5.5 Semester Units

1.5 Semester Units

1.5 Semester Units

25

SPECIAL LICENSES AND CERTIFICATES

California Firefighter 1 and 2

Command lA, lB, 1 C

Training fustructor lA, lB, 1 C

Ethical Leadership in the classroom

Regional Instructor Orientation

Fire Investigation lA, lB

Fire Prevention lA, lB

Fire Management lA

Fire Control!, 2, 3A, 3B, 4A, 4B, 6, 7

I.C.S. 100,200,300,400,430,700,800

S-130, S-190; Wildland

C-212 Basic Sawyer

S-234 Firing Operations

S-236 Staging Area Manager

S-248 Check-in Status Recorder

S-290 Intermediate Wildland Fire Weather

S-404 Safety Officer

Wildland Fire Fighter Safety/Survival

CALFIRE Basic Fire Fighter

CALFIRE Company Officer Academy

California Paramedic: License No. P-05352

Basic Life Support-Instructor

Advanced Cardiac Life Support-Instructor

Pediatric Advanced Life Support-Instructor

Pre-Hospital Trauma Life Support-Instructor

Rescue Systems 1 and 2

Confined Space Rescue Operations

Trench Rescue Operations

Canine Search Specialist-FEMA

Structural Collapse Teclmician-FEMA

Heavy Equipment Rigger-FEMA

Technical Search Specialist-FEMA

Firefighter Safety and Survival/R.I.C.

Ventilation Over Fire

Hazardous Materials F .R.O./Decon

Ca. P.O.S.T.- PC 832 Arrest, Search & Seizure

Ca. P.O.S.T.- PC832: Firearms

California Drivers License- Class B/M1

Terrorism Liaison Officer CPAT 1-12-2012

California State Fire Marshal: Registered Instructor

COMMUNITY INVOLVEMENT

Muscular Dystrophy Association- Camp Counselor/Fill the Boot Coordinator

Shriner's Children Hospital-Volunteer

National Disaster Search Dog Foundation

San Joaquin County Academic Decathlon-Proctor

Stockton Rotary Read-In-Volunteer Reader/ Author

Army Commendation Medal (3)

Army Achievement Medal

Army Service Ribbon

National Defense Ribbon

AWARDS

Expert Field Medical Badge

Service ribbon

Good Conduct Medal

26

Development Oversight Commission; PORT Commission; Measure W Oversight Committee

27


Please state the reason you would like to be a member of this board/commission:

APPLICANT NAME

AS A THRID GENERATION STOCKTONIAN I WOULD LIKE TO BE PART OF BRING BACK STOCKTON. I HAVE A LOVE AND PASSION FOR STOCKOTN AND FEEL I COULD HELP. I HAVE BOATED ON THE DELTA

FOR 57 YEARS AND WOULD LIKE TO HELP BRING IT BACK.

Have you served on an advisory group before? fi.'D If yes, please explain: -----------------

How did you hear about the position? _T_HE_R_Ec_o_R_D -----------------------

City Council Policy 100-2 states that board/commission members are required to attend meetings on a regular basis. If appointed, will you be able to attend meetings regularly and devote the time necessary to fulfill your duties as a member? Yes x No

Do you or immediate family members have any relationship (professional, financial, other) that may present a potential conflict of interest for this advisory group? Yes___ No _x __



0 49-99 Cooperative Library System Advisory Board You must be a resident of San Joaquin County, but not the City of Lodi. Do you meet this requirement? 0 Yes 0 No

0 Stockton Arts Commission Outside of your profession indicate what type of Arts you are active in (circle any that apply): Music, Dance. Theater, Cinema, Photography, Architecture, Art Criticism, Textile Arts, Literary Arts, the Visual Arts, including (but not limited to) the Public or Environmental Arts, Graphic Arts, Design, Drawing, Painting, Printmaking, Sculpture, Ceramics, and Art History Are you interested in or accomplished in fund-raising? 0 Yes 0 No

0 Building and Housing Board of Appeals/ Handicapped Access Board of Appeals Do you have experience in any of the following areas (circle any that apply): General Building Contractor, Plumbing Contractor, Electrical Contractor, or Mechanical Contractor; Engineer or Architect. Are you a disabled citizen? DYes D No

0 Central Parking District Advisory Board Do you own real property or are you an executive officer of a corporation that owns real property within the Central Parking District? D Yes D No Specify property address(es): --------------------



II Development Oversight Commission Do you work in Stockton or with a firm/organization that does business in Stockton? D Yes IS? No State name/address of firm/organization: ---:-:------------------------Are you any of the following (check any that apply) D Local architect/designer D Local Civil Engineer D Mixed Use Builder/Developer D Local Representative from public at-large D Local Non Profit Builder/Developer D Port of Stockton Executive (CEO or Designee) D San Joaquin Partnership Executive (CEO or Designee) Building Industry Association 0 Executive (CEO or Designee) Q[ D Mixed Use Builder/Developer Builder's Exchange D Executive (CEO or Designee) or 0 General Contractor

C:\Documents and Settings\bhunter.CITYOFSTOCKTON\My Documents\125665-1.doc (Form adopted by City Council on 1 0-10-95; Revised 12-13-10)

28


[jj Port Commission

TRACIE GLAVES

APPLICANT NAME

Do you reside within the Port District boundary or consistent with the City General Plan boundaries, plus a one-half mile strip on either side of the Stockton Ship Channel from the Port to Disappointment Slough, if so for how long?-------

0 Public Art Advisory Committee (circle any that apply) Employed as a professional visual artist, critic of contemporary visual art forums, or have knowledge of, or skill/experience in any of the following: activist for the visual environment, public art, regional/national individual artists work, understanding of ethnic/gender diversity, the Stockton Public Art Plan processes and implications for the City, decision-making ability, willingness to tolerate/promote change, new artistic & design expressions, community activities significant enough to confirm knowledge of issues and individuals within the community. Must be a resident of Stockton for at least 3 years.

D San Joaquin Regional Transit District Board Have you resided within the Transit District boundaries for at least one year? 0 Yes D No Are you a resident in the City of Stockton? 0 Yes 0 No

D Sports Commission (circle any that apply) If you are not a resident of Stockton, do you own and/or operate a business within the City or are a sponsor or associated with a sports related event, name of business or event(s): ----------------------

[jj Stockton Measure W Oversight Committee Do you reside within Stockton's geographic boundary? DYes 0 No Are you at least 28 years of age? [jj Yes D No Are you an employee of any vendor, contractor or consultant doing business with the City of Stockton? D Yes [jj No

D Council Water Advisory Group Do you reside within one of the Stockton Municipal Utilities' three utility service areas? D Yes D No If so, state which one: ________________ _

D Youth Advisory Committee (fill in, circle, or check) High school enrolled in: Will you be a senior next committee term? DYes ONo Are you a member of one of the following Community Centers? McKinley, Seifert and Seirra Vista, Stribley and Van Buskirk,

other: --=---::-:::-:--:~--:---~-:--:--=--=-:--:-:--:---:--: Which Council District do you reside in? District 1, 2, 3, 4, 5, or 6 (leave blank if you do not know).



FROM: MO. DAY YEAR 1999 EMPLOYER NAME._S_e_lf_E_m_p_lo_y_e_d _______ _

TO: MO. DAY YEAR current ADDRESS 1117 Oxford Way, Stockton

DUTIES: AlP AIR MARKETING SALES HR PAYROLL

FROM: MO. ___ ,DAY ____ YEAR 1986 EMPLOYER NAME Wood Fiber ------------------TO: MO. DAY YEAR 1998 ADDRESS lock rd Lockeford

DUTIES: Manager AIR AlP HR PAYROLL

BUSINESS ENTERPRISES: List business name, including fictitious name and address of any business enterprises currently or previously owned or operated.

FROM: MO. __ DAY __ YEAR 1999 BUSINESS NAME STAFFING SOLUTIONS

TO: MO. DAY YEAR 2013 ADDRESS 11170XFORDWAY

C:\Documents and Settings\bhunter.CITYOFSTOCKTON\My Documents\125665-1.doc (Form adopted by City Council on 10-10-95; Revised 12-13-10)

29


APPLICANT NAME

TYPE OF BUSINESS OR SERVICE RENDERED: _S_T_A_FF_I_N_G _______________ _

A resume reflecting experience, community activities, or other qualifications not listed below may be attached in order to assist the Council in evaluating your application. (Optional)

EDUCATION: _____________________________________________ ___

CONFLICT OF INTEREST: State and local law requires that you abstain from participation in decisions that may affect your financial interests, including sources of income and interest in real property or investments. In addition, if appointed you may be required to fill out a disclosure statement that identifies certain of your financial interests beginning with the immediate twelvemonth period prior to your appointment. Based on your best judgment, does this board or commission make decisions that may affect any sources of income, interests in real property, or investments of you or your spouse?

Yes ____ No _X __ If yes, please explain. Identify any organizations, associations, corporations, or entities by which you are employed or associated that might be affected by decisions of this board or commission and the positions you

hold·---------------------------------------




Investments Interests in Real Property (other than your residence) Interests in Real Property Held by a Business Entity or Trust Investments Held by a Business Entity or Trust Income (other than loans and gifts) Income- Travel Payments, Advances, Reimbursements Income Gifts Business Positions Commission Income Received by Brokers, Agents, and Salespersons Income and Loans to a Business Entity or Trust Income from Rental Property




2. List each civil action, if any, in which punitive or exemplary damages have been assessed against you, indicating in each instance the date of the trial, court judgment and the location of the court which rendered the judgment:

C:\Documents and Settings\bhunter.CITYOFSTOCKTON\My Documents\125665-1.doc (Form adopted by City Council on 10-1 0-95; Revised 12-13-1 0)

30

Nov 13 13 05:35p Microsoft

City of Stockton APPLICATION CONTINUED Page 5 of5

2094667900

TRActE ~LAVES

APPLICANT NAME

I DECLARE, UNDER PENALTY OF DISQUALIFICATION AND TERMINATION, THAT ALL STATEMENTS IN THIS APPLICATION ARE RUE AND COMPLETE TO THE BEST OF MY

KNOWLEDG~E. •

Signature ~ Date _711.<-~.,(.;';9:/.u.._..:j'-------~ I ILl..

p.5

Please identify any specialized accommodations needed for equal participation: ----------------

The following information is voluntary and is gathered in accordance with State and Federal laws for the purpose of evaluating the effectiveness of our Affirmative Action and recruitment efforts. Please check: ___ Male > Female

_White (Not Hispanic Or'9in) All persons having origins in any of the original peoples of Europe, North Africa or the Middle East

_BlaCk (Not Hispanic Origin) All persons having origins in any of the Black racial groups of Africa.


_American Indian or Alaska Native All persons having origins in any of the original peoples of North America and who maintain cultural identifications through tribal affiliation or community recognilion. Please identify your tribal affiliation.

_Filipino All persons having origins in the Phil'lppine Islands.

_Asian

The Stockton City Council appoints members to the various City of Stockton Boards and Commissions. The Council also appoints representatives to serve on various other San Joaquin County agencies as well. Please check the boxes below if you are interested in serving on any other boards/commissions. To find out about what these boards/commissions do and if you qualify, please visit the City of Stockton website at www.stocktongov.comfcommissions

049-99 Cooperative Litlrary System Advisory Board

DArts Commission



II]City Council Salary Setting Commission


OCiimate Action Plan Advisory Committee

0Community De'IGiopment Committee


IIJDevelopment Oversight Commission

OHandicapped Aooess Board of Appeals

[j]Measure W Oversight Committee


0 Planning Commission

[j] Port Commission


Ill Redevelopment Commission/Relocation Appeals Board

0 San Joaquin County Commission on Aging

Ill San Joaquin County Mosquito And Vector Control District


0Sports Commission

0 Water Advisory Group


C:\Oocumenls aM Settingslbhunler.CITYOFSTOCKTON\My Documenls\125665-1.doc (Form adopted by City Counc~ oo 10-10-95: Revised 12-13-10)

31

CITY OF STOCKTON

rn u w m ,rnf·

SEP I 3 2012 ~~ ::: CITY CLERK- ! "Ill;

CITY OF ST09.sr.oN • •

--· 2004 APPLICATION FOR APPOINTMENT AND BACKGROUND INFORMATION FOR

BOARDS, COMMISSIONS, AND COMMITTEES

1) Please provide all information requested. 2) Please print or type all entries in black or blue ink only. 3) Any attachments must be single sided, 8 Y, X 11 paper. 4) Information contained on this form is public record. 5) With the exception of the information contained on this first page, all other information contained in this application may be

posted on the City's website for public view. 6) Submit completed application to: Office of the City Clerk, City Hall 1st Floor, 425 North El Dorado Street , Stockton, CA

95202; Phone: (209) 937-8459

BOARD/COMMISSION/COMMITTEE NAME: City Council Salary Setting Commission and Stockton Community Development (Dis! 6)

Complete Supplemental Questionnaire, if applicable

Voter Registration: The City of Stockton requires members of the City Council Salary Setting Commission, Civil Service Commission/Equal Employment Commission, and San Joaquin County Mosquito and Vector Control District to be registered voters of the City of Stockton. Please fill out the information below if you are applying for one of these positions so that your voter registration may be verified:

(Form adopted by City Council on 10-10-95; Revised 12/13/10) C:\Documents and Settings\bhunter.CITYOFSTOCKTON\My Documents\125665-1.doc

'1999

32


:~ , ·\ . \ Shellie Lima


APPLICANT NAME

As an incumbent for this position, I am familiar with the responsibilities of this commission and would like to continue to represent the community on this committee.

I am dependable individually and work well within a group. I can be relied upon to make sound decisions while carefully weighing ali aternatives.

Have you served on an advisory group before? __ If yes, please explain:------------------

How did you hear about the position? My current term will expire at the end of this calendar year.

City Council Policy 100-2 states that board/commission members are required to attend meetings on a regular basis. If appointed, will you be able to attend meetings regularly and devote the time necessary to fulfill your duties as a member? Yes xxx No

Do you or immediate family members have any relationship (professional, financial, other) that may present a potential conflict of interest for this advisory group? Yes No~

If yes, please explain--------------------------------------


0 49-99 Cooperative Library System Advisory Board You must be a resident of San Joaquin County, but not the City of Lodi. Do you meet this requirement? D Yes D No

D Stockton Arts Commission Outside of your profession indicate what type of Arts you are active in (circle any that apply): Music, Dance. Theater, Cinema, Photography, Architecture, Art Criticism, Textile Arts, Literary Arts, the Visual Arts, including (but not limited to) the Public or Environmental Arts, Graphic Arts, Design, Drawing, Painting, Printmaking, Sculpture, Ceramics, and Art History Are you interested in or accomplished in fund-raising? DYes D No

D Building and Housing Board of Appeals/ Handicapped Access Board of Appeals Do you have experience in any of the following areas (circle any that apply): General Building Contractor, Plumbing Contractor, Electrical Contractor, or Mechanical Contractor; Engineer or Architect. Are you a disabled citizen? DYes D No

D Central Parking District Advisory Board Do you own real property or are you an executive officer of a corpqration that owns real property within the Central Parking District? D Yes D No Specify property address(es): ---------------------

D Climate Action Plan Advisory Committee Do you actively represent any of the following interest groups within the City of Stockton (circle any that apply): Environmental, Non-Profit Community Organization, Labor, Business, Developer

D Cultural Heritage Board Are you knowledgeable have experience in, or extensive background in any of the following areas (circle any that apply): Historic or cultural traditions of the community, preservation, architecture, construction technology, real-estate, construction industry, California licensed Architect, Historian, Stockton resident for 40 years or longer.

0 Development Oversight Commission Do you work in Stockton or with a firm/organization that does business in Stockton? D Yes D No State name/address of firm/organization:---,--------------------------Are you any of the following (check any that apply) D Local architect/designer D Local Civil Engineer D Mixed Use Builder/Developer D Local Representative from public at-large D Local Non Profit Builder/Developer D Port of Stockton Executive (CEO or Designee) D San Joaquin Partnership Executive (CEO or Designee) Building Industry Association D Executive (CEO or Designee) Q[ D Mixed Use Builder/Developer Builder's Exchange D Executive (CEO or Designee) or D General Contractor


33


D Port Commission

Shellie Lima APPLICANT NAME

Do you reside within the Port District boundary or consistent with the City General Plan boundaries, plus a one-half mile strip on either side of the Stockton Ship Channel from the Port to Disappointment Slough, if so for how long? ______ _

D Public Art Advisory Committee (circle any that apply) Employed as a professional visual artist, critic of contemporary visual art forums, or have knowledge of, or skill/experience in any of the following: activist for the visual environment, public art, regional/national individual artists work,. understanding of ethnic/gender diversity, the Stockton Public Art Plan processes and implications for the City, decision-making ability, willingness to tolerate/promote change, new artistic & design expressions, community activities significant enough to confirm knowledge of issues and individuals within the community. Must be a resident of Stockton for at least 3 years.

D San Joaquin Regional Transit District Board Have you resided within the Transit District boundaries for at least one year? D Yes D No Are you a resident in the City of Stockton? D Yes D No

D Sports Commission (circle any that apply) If you are not a resident of Stockton, do you own and/or operate a business within the City or are a sponsor or associated with a sports related event, name of business or event(s): -----------------------

D Stockton Measure W Oversight Committee Do you reside within Stockton's geographic boundary? DYes D No Are you at least 28 years of age? DYes D No Are you an employee of any vendor, contractor or consultant doing business with the City of Stockton? D Yes D No

D Council Water Advisory Group Do you reside within one of the Stockton Municipal Utilities' three utility service areas? D Yes D No If so, state which one: _________________ _

D Youth Advisory Committee (fill in, circle, or check) High school enrolled in: Will you be a senior next committee term? DYes DNa Are you a member of one of the following Community Centers? McKinley, Seifert and Seirra Vista, Stribley and Van Buskirk,

other: ---=-:--,----.,.----:-:-------,----Which Council District do you reside in? District 1, 2, 3, 4, 5, or 6 (leave blank if you do not know).



FROM: MO. Feb DAY_1_7 ___ YEAR 2009 EMPLOYER NAME San Joaquin EMS Agency

TO: MO. Present DAY YEAR ADDRESS 500 W. Hospital Road, French Camp, CA DUTIES: Regional liaison between the State and local medical and health emergency responders. Provide leadership/guidance In developing emergency plans.

FROM: MO. Sep DAY 25 YEAR 2008 EMPLOYER NAME University of the Pacific

TO: MO. Feb DAY 16 YEAR 2009 ADDRESS 3601 Pacific Ave, Stockton, Ca DUTIES: Assessed training needs for adult continuing education program and marketing.

BUSINESS ENTERPRISES: List business name, including fictitious name and address of any business enterprises currently or previously owned or operated. rw {\e.,_ '

FROM: MO. __ DAY ___ YEAR ___ BUSINESS NAME _________________ _

TO: MO. ___ DAY YEAR ___ ADDRESS _____________________ __

C:\Documents and Settings\bhunter.ClTYOFSTOCKTON\My Documents\125665-1.doc (Form adopted by City Council on 10-1 0-95; Revised 12-13-10)

34


Shellie Lima APPLICANT NAME

TYPE OF BUSINESS OR SERVICE RENDERED:-------------------


EDUCATION: MBA University of the Pacific (2008)

CONFLICT OF INTEREST: State and local law requires that you abstain from participation in decisions that may affect your financial interests, including sources of income and interest in real property or investments. In addition, if appointed you may be required to fill out a disclosure statement that identifies certain of your financial interests beginning with the immediate twelvemonth period prior to your appointment. Based on your best judgment, does this board or commission make decisions that may affect any sources of income, interests in real property, or investments of you or your spouse?

Yes XXX No ___ If yes, please explain. Identify any organizations, associations, corporations, or entities by which you are employed or associated that might be affe•cted' by decisions of this board or commission and the ·positions you hold. ________________________________________ _








NO


None. C:\Documents and Settings\bhunter.CITYOFSTOCKTON\My Documents\125665-1.doc (Form adopted by City Council on 10-10-95; Revised 12-13-10)

35


Shellie Lima

APPLICANT NAME

I DECLARE, UNDER PENALTY OF DISQUALIFICATION AND TERMINATION, THAT ALL STATEMENTS IN THIS APPLICATION ARE TRUE AND COMPLETE TO THE BEST OF MY KNOWLED<p). ("--:J Slgoatm~, U' ,\:4zf!u;;;,__ Date _s-'-ep_te_mb_e_r 1--'o._2o_1_2 _______ _

'--'"" Please identify any specialized accommodations needed for equal participation: --'N-'-'on:.:..e _____________ _

The following information is voluntary and is gathered in accordance with State and Federal laws for the purpose of evaluating the effectiveness of our Affirmative Action and recruitment efforts. Please check: __ Male xxx Female

/white (Not Hispanic Origin) All persons having origins in any of the originahpe0ples of Europe, North Africa or the Middle East

_Black (Not Hispanic Origin) All persons having origins in any of the Black racial groups of Africa.




_Asian



DArts Commission




rncivi1 Service and Equal Employment Commissions


[Qtommunity Development Committee


ua6evelopment Oversight Commission

OHandicapped Access Board of Appeals

BM"~asure W Oversight Committee

C0Parks and Recreation Commission

CitPianning Commission

0 Port Commission


0 Redevelopment Commission/Relocation Appeals Board

D San Joaquin County Commission on Aging

0 San Joaquin County Mosquito And Vector Control District


~ports Commission

0 Water Advisory Group



36

Measure W Oversight Committee

37


John WMays


APPLICANT NAME

~o served my community from whare I moontly moved as both Mayor and Mayor pro-Tem from 20061o 2013. I all served on the Merced County Assoolallon of Govemment for sl• years and the Chair olthe soma from 2012·2013.

1 also was Commissioner of Merced Local Agency Formation Commission 2006·2013 and Chair 2010·2012.

Have you served on an advisory group before? ~If yes, please explain:-------·----------

How did you hear about the position? ...:.w;.;:;eb=------------------------City Council Policy 100-2 states that board/commission members are required to attend meetings on a regular basis. If appointed, will you be able to attend meetings regularly and devote the time necessary to fulfill your duties as a member? Yes X No

Do you or immediate family members have any relationship (professional, financial, other) that may present a potential conflict of interest for this advisory group? Yes___ No L_ If yes, please explain--------------------~---------------


0 49·99 Cooperative Library System Advisory Board You must be a resident of San Joaquin County, but not the City of Lodi. Do you meet this requirement? 0 Yes 0 No

II Stockton Arts Commission Outside of your profession indicate what type of Arts you are active in (circle any that apply): Music, Dance. Theater, Cinema, Photography, Architecture, Art Criticism, Textile Arts, Literary Arts, the Visual Arts, including (but not limited to) the Public or Environmental Arts, Graphic Arts, Design, Drawing, Painting, Printmaking, Sculpture, Ceramics, and Art History Are you interested in or accomplished In fund·raislng? Ill Yes 0 No

0 Building and Housing Board of Appeals/ Handicapped Access Board of Appeals Do you have experience in any of the following areas (circle any that apply): General Building Contractor, Plumbing Contractor, Electrical Contractor, or Mechanical Contractor; Engineer or Architect. Are you a disabled citizen? 0 Yes 0 No

0 Central Parking District Advisory Board Do you own real property or are you an executive officer of a corporation that owns real property within the Central Parking District? 0 Yes 0 No Specify property address(es): -----------·---------



0 Development Oversight Commission Do you work in Stockton or with a firm/organization that does business in Stockton? 0 Yes 0 No State name/address of firm/organization:--:---:-:------------------------Are you any of the following (check any that apply) 0 Local architecUdesigner 0 Local Civil Engineer 0 Mixed Use Builder/Developer 0 Local Representative from public at-large 0 Local Non Profit Builder/Developer 0 Port of Stockton Executive (CEO or Designee) 0 San Joaquin Partnership Executive (CEO or Designee) Building Industry Association 0 Executive (CEO or Designee) .ru 0 Mixed Use Builder/Developer Builder's Exchange 0 Executive (CEO or Designee) .ru 0 General Contractor

C:\Documents and Settings\bhunter.CITYOFSTOCKTON\My Documents\125665-1.doc (Form adopted by City Council on 10-10-95; Revised 12-13-10) 38


0 Port Commission

APPLICANT NAME

Do you reside within the Port District boundary or consistent with the City General Plan boundaries, plus a one-half mile strip on either side of the Stockton Ship Channel from the Port to Disappointment Slough, if so for how long?-------

0 Public Art Advisory Committee (circle any that apply) Employed as a professional visual artist, critic of contemporary visual art forums, or have knowledge of, or skill/experience in any of the following: activist for the visual environment, public art, regional/national individual artists work, understanding of ethnic/gender diversity, the Stockton Public Art Plan processes and implications for the City, decision-making ability, willingness to tolerate/promote change, new artistic & design expressions, community activities significant enough to confirm knowledge of issues and individuals within the community. Must be a resident of Stockton for at least 3 years.

12( San Joaquin Regional Transit District Board Have you resided within the Transit District boundaries for at least one year? 0 Yes [NNo Are you a resident in the City of Stockton? 1R1 Yes 0 No

0 Sports Commission (circle any that apply) If you are not a resident of Stockton, do you own and/or operate a business within the City or are a sponsor or associated with a sports related event, name of business or event(s): --------------------

[E' Stockton Measure W Oversight Committee Do you reside within Stockton's geographic boundary? ~Yes 0 No Are you at least 28 years of age? .fSf Yes 0 No Are you an employee of any vendor, contractor or consultant doing business with the City of Stockton? 0 Yes Ea''No

D Council Water Advisory Group Do you reside within one of the Stockton Municipal Utilities' three utility service areas? 0 Yes 0 No If so, state which one: _________________________________ _

D Youth Advisory Committee (fill in, circle, or check) High school enrolled In: Will you be a senior next committee term? DYes 0No Are you a member of one of the following Community Centers? McKinley, Seifert and Selrra Vista, Stribley and Van Buskirk, other: Which ""'COi:i'ncu District do you reside in? District 1, 2, 3, 4, 5, or 6 (leave blank if you do not know).



FROM: MO. 07 DAY25 YEAR2005 EMPLOYER NAME Valley Christian Center

TO: MO. 07 DAY 28 YEAR2013 ADDREss2658 Blossom Street Dos Palos Ca 93620

DUTIES: To develop a ministry of welcome and hospitality to all congregants and visitors.

FROM: Mo.11 DAY06 YEAR2006 -------- ----------- EMPLOYER NAME City Of Oos Palos

TO: MO. 07 DAY 20 YEAR2013 ADDREss2174 Blossom Street Dos Palos CA 93620

DUTIES: Mayor and Mayor pro~Tem to create strategic alliances/Pursue creative means of financing growth.


FROM: MO.~ DAY 01 YEAR 2010 BUSINESS NAME.!!?_h_n_n.::....y_A_d_a_m_s_M_u_si_c _________ _

TO: MO. 07 DAY .Q!__ YEAR 2013ADDRESS 1805 Blossom Street Dos Palos CA 93620

C:\Oocuments and Settings\bhunter.CITYOFSTOCKTON\My Documents\125665-1.doc (Form adopted by City Council on 10-10-95; Revised 12-13-10) 39


APPLICANT NAME ~·

I DECLARE, UNDER PENAL TV OF DISQUALIFICATION AND TERMINATION, THAT ALL STATEMENTS IN THIS APPLICATION ARE TRUE AND COMPLETE TO THE BEST OF MY KNOWLEDG-E .. --, /l Signature ( f- (~ · m ¥= Date..;;o.:..710_1_120_1.:..3----------

Please identify any specialized accommodations needed for equal participation:


_,L(White (Not Hispanic Origin) All persons having origins in any of the original peoples of Europe, North Africa or the Middle East

_Black (Not Hispanic Origin) All persons having origins in any of the Black racial groups of Africa.


_American Indian or Alaska Native All persons having origins In any of the original peoples of North America and who maintain cultural identifications through tribal affiliation or community recognition. Please identify your tribal affiliation.


_Asian



[j!Arts Commission



[IICity Council Salary Setting Commission





[j!Development Oversight Commission


0Measure W Oversight Committee

[j!Parks and Recreation Commission

[jl Planning Commission

D Port Commission

Ill Public Art Advisory Committee

D Redevelopment Commission/Relocation Appeals Board

Ill San Joaquin County Commission on Aging

[jl San Joaquin County Mosquito And Vector Control District

liJSan Joaquin Regional Transit District Board

Osports Commission

[jl Water Advisory Group

D Youth Advisory Commission (must be in high school to serve on this Commission)

C:\Oocuments and Settings\bhunter.CITYOFSTOCKTON\My Oocuments\125665-1.doc (Form adopted by City Council on 10-10-95; Revised 12-13-1 0) 40


John W Mays APPLICANT NAME

TYPE OF BUSINESS OR SERVICE RENDERED: _f~1fd~-=~~L=e_-~S,=f/t.='tJ....;..r'_·4-Je.:>....a......:~12t:....<-L.JI._. L.-'-------

A resume reflecting experience, community activities, or other qualifications not listed below may be attached in order to assist the Council in evaluating your application. (Optional) ·

EDUCATION: Doctorate of Ministry from Friends International Christian University Merced CA

CONFLICT OF INTEREST: State and local law requires that you abstain from participation in decisions that may affect your financial interests, including sources of Income and interest in real property or investments. In addition, if appointed you may be required to fill out a disclosure statement that identifies certain of your financial interests beginning with the immediate twelvemonth period prior to your appointment. Based on your best judgment, does this board or commission make decisions that may affect any sources of income, interests in real property, or investments of you or your spouse?

Yes _ No ~ If yes, please explain. Identify any organizations, associations, corporations, or entities by which you are employed or associated that might be affected by decisions of this board or commission and the positions you

hold·--------------------·



If you are appointed to this Board/Commission/Committee, you may be required to file statements disclosing certain types of Information so that the public can be made aware of potential conflicts of interest. The types of disclosure are:





No


C:\Documents and Settings\bhunter.CITYOFSTOCKTON\My Documents\125665·1.doc (Form adopted by City Council on 10-10·95; Revised 12· 13·10) 41

Johnny Mays

Executive Profile

1973 – 2013 Ordained Minister

I am an Ordained Assembly of God minister. As the Pastor with ministry oversight, I am committed to growth-effective management of resources and quality performance

To promote Christ Teachings in all religious education programs. To develop lay leadership in the congregation by encouraging all members to share their gifts To establish evangelistic outreach in neighborhood communities. To develop a ministry of welcome and hospitality to all congregants and visitors. To promote Christ Teachings in all religious education programs.

Core Accomplishments 2013 brings me to forty years of ministry. During this time I have served the Lord as I felt He was leading me. This outreach to the world has taken me to every state in our great country and thirty nine countries the most recent China. I have served in various capacities from pastor, evangelist, church planter, school teacher and missionary. Twelve years as missionary/evangelist I spent a great deal of time in Russia, England and Africa. I work involved mentoring indigenous pastors and establishing churches and ministries in their communities. Right after Bible College I went to work for Sacramento Christian Schools of Sacramento. Later my wife Judy and I started Windsor Christian Academy. While still in Bible College I traveled with ministers and performed in every major prison in California and Nevada.

2005 – 2013 City/County Government

As Mayor and as Mayor pro- Tem I labored to create strategic alliances with church, civic, and other organization leaders to effectively align with and support key initiatives. Builds and retain high performance staff by hiring, developing and motivating skilled professionals. Pursue creative means of financing growth. My leadership was recognized countywide when the six mayors and five county supervisors of Merced County elected me as;

Chairman of Merced County Association of Governments Chairman of Merced County Waste Management Authority Chairman of The Joint Powers authority of Merced County Chairman of the Local Agency Formation Commission (Two Terms) Chairman of Merced County Planning Commission

Professional Accomplishments: Accomplishments: Land purchases for water plant expansion, a new city hall, downtown restoration, new parks, more trees, efficient utilities, timely transportation enhancements, a new animal shelter, improved safety and handicapped access, new equipment and vehicles, developing real estate transactions, for a new shopping center, lead labor negotiator. All accomplished with grants and careful stewardship of the public’s tax dollars.

42

Manager of KDPT Radio When I came to Dos Palos in 2005, I discovered there was a local community radio station. I introduced myself to the Board, desiring only to have a Sunday Morning Bible teaching program. After a few weeks the Board came to me and asks if I would consider managing the station and bringing it to another level. Drawing from my musical experience and a few old friends in the business I accomplished raising our listenership immensely. I started a local anchor program, changed the mix, and now we are most listen to LPFM station in our market. Music and Entertainment Before I came into the ministry I worked as a professional musician. I performed on television and radio and in dance/show bands. In 1973 while performing with the Merle Haggard Show, I came to know the Lord and God called me into the ministry. Right away I started traveling with evangelists and playing in churches. In every church and ministry I have been a part of the worship and performed musical. I have recorded three CD’s of Worship and Gospel music.

Skill Highlights

Church Management Small business development Leadership/communication skills Product development Self-motivated Employee relations Worship leader/musician Negotiations Personal I have been married to my wife Judy forty three years, serving together in the ministry for forty years. Our family is five sons and one daughter, and many grandchildren. There are no children living at home. Education Friends International Christian University Merced, CA 1993 Doctorate of Ministry Sacramento Bible College. Sacramento CA 1978 Masters Theology Andrew Baptist College Sacrament CA 1976 BA Christian Ed

These were all unaccredited church schools. However my education is filled with life and experience

43

Climate Action Plan Advisory Cmte; Port CommissionMeasure W Oversight Committee

44


,llu, k£f- uJ ,' 1/1 Q ,.w APPLICANT NAME

How did you hear about the position

City Council Policy 100-2 states that board/commission members are required to attend meetings on a regular basis. If appoint~dJ)NHI-you be able to attend meetings regularly and devote the time necessary to fulfill your duties as a member? Yes V No __ _

Do you or immediate family members have any relationship (professional, financial, other) that may present a potential conflict of interest for this advisory group? Yes___ No~-···



D 49-99 Cooperative Library System Advisory Board You must be a resident of San Joaquin County, but not the City of Lodi. Do you meet this requirement? D Yes D No

D Stockton Arts Commission Outside of your profession indicate what type of Arts you are active in (circle any that apply): Music, Dance. Theater, Cinema, Photography, Architecture, Art Criticism, Textile Arts, Literary Arts, the Visual Arts, including (but not limited to) the Public or Environmental Arts, Graphic Arts, Design, Drawing, Painting, Printmaking, Sculpture, Ceramics, and Art History Are you interested in or accomplished in fund-raising? DYes D No

D Building and Housing Board of Appeals/ Handicapped Access Board of Appeals Do you have experience in any of the following areas (circle any that apply): General Building Contractor, Plumbing Contractor, Electrical Contractor, or Mechanical Contractor; Engineer or Architect. Are you a disabled citizen? DYes D No

D Central Parking District Advisory Board Do you own real property or are you an executive officer of a corporation that owns real property within the Central Parking District? D Yes D No Specify property address(es): ---------------------

D Climate Action Plan Advisory Committee Do you actively represent any of the following interest groups within the City of Stockton (circle any that apply): Environmental, Non-Profit Community Organization, Labor, Business, Developer

D Cultural Heritage Board Are you knowledgeable have experience in, or extensive background in any of the following areas (circle any that apply): Historic or cultural traditions of the community, preservation, architecture, construction technology, real-estate, construction industry, California licensed Architect, Historian, Stockton resident for 40 years or longer.

D Development Oversight Commission Do you work in Stockton or with a firm/organization that does business in Stockton? D Yes D No State name/address of firm/organization:-:---:-:------------------------Are you any of the following (check any that apply) D Local architecUdeslgner D Local Civil Engineer D Mixed Use Builder/Developer D Local Representative from public at-large D Local Non Profit Builder/Developer D Port of Stockton Executive (CEO or Designee) D San Joaquin Partnership Executive (CEO or Designee) Building Industry Association D Executive (CEO or Designee) or D Mixed Use Builder/Developer Builder's Exchange D Executive (CEO or Designee) QI D General Contractor

::ODMA\GRPWISE\COS.CC.CC _Library: 125665.1 (Form adopted by City Council on 10-10-95; Revised 12-13-10)

45


APPLICANT NAME

D Port Commission Do you reside within the Port District boundary or consistent with the City General Plan boundaries, plus a one-half mile strip on either side of the Stockton Ship Channel from the Port to Disappointment Slough, if so for how long?-------

D Public Art Advisory Committee (circle any that apply) Employed as a professional visual artist, critic of contemporary visual art forums, or have knowledge of, or skill/experience in any of the following: activist for the visual environment, public art, regional/national individual artists work, understanding of ethnic/gender diversity, the Stockton Public Art Plan processes and implications for the City, decision-making ability, willingness to tolerate/promote change, new artistic & design expressions, community activities significant enough to confirm knowledge of issues and individuals within the community. Must be a resident of Stockton for at least 3 years.

D San Joaquin Regional Transit District Board Have you resided within the Transit District boundaries for at least one year? DYes D No Are you a resident in the City of Stockton? D Yes D No

D Sports Commission (circle any that apply) If you are not a resident of Stockton, do you own and/or operate a business within the City or are a sponsor or associated with a sports related event, name of business or event(s): ---------------------

0 Stockton Measure W Oversight Committee Do you reside within Stockton's geographic boundary? D Yes D No Are you at least 28 years of age? DYes D No Are you an employee of any vendor, contractor or consultant doing business with the City of Stockton? D Yes D No

D Council Water Advisory Group Do you reside within one of the Stockton Municipal Utilities' three utility service areas? D Yes D No If so, state which one: _______________ ___

D Youth Advisory Committee (fill in, circle, or check) High school enrolled in: Will you be a senior next committee term? DYes 0No Are you a member of one of the following Community Centers? McKinley, Seifert and Seirra Vista, Stribley and Van Buskirk,

other: --...,.,...,--,-..,---,------,-,:--:---=--:--:-:-Which Council District do you reside in? District 1, 2, 3, 4, 5, or 6 (leave blank if you do not know).


WORK EXPERIENCE: List names, addresses, and dates of employers for the last five (5) years. Attach additional sheets of paper if needed. /

FROM: MO. 1 DAY 7 YEAR PJS EMPLOYER NAME {)JeLt) 8-o/-J,t-e( /3c.f1·::5 dC[avU1._ TO: MO. _pAY f?J-?"'c)~EAR __ ___,ADDRESS If '3{ fYIJclt.a -e- f Lh.1 ·e DUTIES: /cJLd( fvt;hi.SkV' t)f::_ !5:, 'JfD'U,'J /oct:~vL ft1/;usr:Je-y

FROM: MO. _ _,~,____-TO: MO. __ _

DUTIES: ______ ~~~~~~~~~~------------------------------


FROM: MO. ___ DAY ____ YEAR BUSINESS NAME ________________ _

TO: MO. DAY YEAR __ ADDRESS ___________________ _

: :ODMA\GRPWISE\COS.CC. CC _Library: 125665.1 (Form adopted by City Council on 10-10-95; Revised 12-13-10)

46


TYPE OF BUSINESS OR SERVICE RENDERED:-------------------


EDUCATION: ____________________________________________ __

CONFLICT OF INTEREST: State and local law requires that you abstain from participation in decisions that may affect your financial interests, including sources of income and interest in real property or investments. In addition, if appointed you may be required to fill out a disClosure statement that iaentifies certain of your financial interests beginning with the im-mediate twelvemonth period prior to your appointment. Based on your best judgment, does this board or commission make decisions that may affect any sources of income,~interests in real property, or investments of you or your spouse?

Yes __ No~ yes, please explain. Identify any organizations, associations, cor~orations, or entities by which you are employed or associated that might be affected by decisions of this board or commission and the positions you hold. _______________________________________ _


In accordance with Government Code Sections 87300- 87313 and the City of Stockton's Conflict of Interest Code, this Board/Commission/Committee may be designated to file Statements of Economic Interests.







jl)on e

::ODMA\GRPWISE\COS.CC. CC_Library: 125665.1 (Form adopted by City Council on 10-10-95; Revised 12-13-10)

47


I DECLARE, UNDER PENALTY OF DISQUALIFICATION AND TERMINATION, THAT ALL STATEMENTS IN THIS APPLICATION ARE TRUE AND COMPLETE TO THE BEST OF MY

KNOWLE9;G~· _ /' J /}f Signature t!;__~c:;;r-4A.i::f!----~r:Jate

Please identify any specialized accommodations needed for equal participation: ---------------

The following information is voluntary and is gathered in accordance with State an~eTallaws for the purpose of evaluating the effectiveness of our Affirmative Action and recruitment efforts. Please check: __ Male Female

-~.Not Hispanic Origin) All persons having origins in any of the original peoples of Europe, North Africa or the Middle East

~Black (Not Hispanic Origin) All persons having origins in any of the Black racial groups of Africa.




_Asian



DArts Commission





~·~frrrla"t;·Action Plan Advisory Committee



0Development Oversight Commission


[Pj~ure W Oversight Committee


::ODMA\GRPWISE\COS.CC.CC _Library: 125665.1

D Planning Commission

[lH;,orrcommission

D Public Art Advisory Committee

D Redevelopment Commission/Relocation Appeals Board

D San Joaquin County Commission on Aging

D San Joaquin County Mosquito And Vector Control District


0Sports Commission

D Water Advisory Group

D Youth Advisory Commission (must be in high school to serve on this Commission)

(Form adopted by City Council on 10-1 0-95; Revised 12-13-1 0)

48

12.2 13-0844 PURCHASE OF ONE HYDRO-VAC SEWER CLEANING UNIT RECOMMENDATION It is recommended that the City Council approve a motion to approve findings and authorize the purchase of one Hydro-Vac sewer cleaning unit through the City of Merced’s contract with 3T Equipment Company, Inc. of Santa Rosa, CA in the amount of $343,148.27. Department: Public Works

49

City of Stockton

Legislation Text


PURCHASE OF ONE HYDRO-VAC SEWER CLEANING UNIT

RECOMMENDATION

It is recommended that the City Council approve a motion to approve findings and authorize thepurchase of one Hydro-Vac sewer cleaning unit through the City of Merced’s contract with 3TEquipment Company, Inc. of Santa Rosa, CA in the amount of $343,148.27.

Summary

The Public Works Department is recommending replacement of a Hydro-Vac sewer cleaning unitused by the Municipal Utilities Department (MUD). This equipment is necessary for compliance withthe sewer cleaning requirement of the Consent Decree between the City and California SportfishingProtection Alliance (CSPA). The Hydro-Vac sewer cleaning unit will be purchased through the City ofMerced’s contract with 3T Equipment Company, Inc. The cost of the replacement equipment is$343,148.27, and the purchase will be funded from MUD accounts.

DISCUSSION

Background

In July 2009, the City entered into a Consent Decree with CSPA following an excessive number ofoverflows of the City’s sanitary sewer system. Among other requirements, the Consent Decree callsfor cleaning of all 15-inch and less gravity sewer pipes by September 28, 2014. The City hasidentified roughly 785 miles of gravity sewer pipe in this category. Hydro-Vac units are usedextensively during this sewer cleaning process.

Hydro-Vac sewer cleaning units are truck-mounted hydraulic cleaning and vacuum systems forremoving solid and viscous material from underground utilities such as sanitary sewer lines, stormdrains, and lift-station wet wells. These trucks are also responsible for responding to emergencycalls, such as sanitary sewer overflows and repetitive cleaning of sewer lines. MUD operates sixHydro-Vac sewer cleaning units, one of which is a 2000 Vac-Con unit that has been used for 11,740hours. This unit is 13-years-old and exceeds the recommended eight-year replacement cycleadopted by several local agencies. This unit is subject to regular break downs, resulting in the loss ofoperating days and higher repair costs. The age of this unit also causes problems with partavailability. A new Hydro-Vac sewer cleaning unit would use less fuel and water, while providingmore effective cleaning and increased productivity. The Fleet Manager recommends replacement ofthe existing unit with a new Hydro-Vac sewer cleaning unit.

Present Situation

The City of Merced opened bids for the purchase of one Hydro-Vac sewer cleaning unit in June of2013. Bids were received from 3T Equipment, MME Municipal Maintenance Equipment, Owens




Equipment, and Nixon Elgli Equipment. The City of Merced selected 3T Equipment Company, Inc. ofSanta Rosa, CA with the lowest total bid amount of $334,000. Upon issuing their purchase order inJune 2013, the City of Merced issued a letter agreeing to share this purchase price with otheragencies (Attachment A).

The specification used by the City of Merced meets the City’s requirements for this type ofequipment. To minimize the administrative costs associated with purchasing such a unit, it isproposed to purchase a new unit from 3T Equipment Company, Inc. by utilizing a cooperativepurchasing agreement with the City of Merced. Use of this type of cooperative purchasingagreement reduces the net purchasing cost by obtaining low bids through a competitive bid processwithout the expenses associated with conducting the bid process. Staff time and associated costs todevelop specifications and prepare documents are minimized.

3T Equipment Company, Inc. has offered the City of Stockton additional discounts, lowering the bidprice to $316,996.09 for essentially the same unit as purchased by the City of Merced (AttachmentB). With the addition of 8.25 percent sales tax, the total price is $343,148.27. Delivery time for thenew unit is approximately 180 days once the equipment is ordered.

Findings

Stockton Municipal Code Section 3.68.070 (B) provides for an exception to the competitive biddingrequirements in cases where Council has approved findings which support and justify the purchasethrough a cooperative purchasing agreement. Proposed findings to support this purchase are asfollows:

1) The City of Merced has established a cooperative purchasing agreement for the purchase ofone Hydro-Vac sewer cleaning unit.

2) The City of Merced established this cooperative purchasing agreement pursuant to acompetitive bidding process.

3) The bid specification used by the City of Merced has been assessed as compatible to theCity’s standards.

Staff recommends replacement of this unit through the above-mentioned cooperative purchasingagreement. The unit being replaced will either be sold at an auction or as scrap.

FINANCIAL SUMMARY

There are sufficient funds available in MUD Account No. 431-4332-606 for the purchase of oneHydro-Vac sewer cleaning unit at a total purchase price of $343,148.27. It is recommended that themotion approve the indicated findings, and authorize the City Manager make the purchase and takeother actions that are appropriate and required to carry out the purpose and intent of the motion.

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

Attachment A - Letter from City of MercedAttachment B - Quote from 3T Equipment Company



August 29, 2013 To whom it may concern; In reference to the City of Merced’s Request for Bids for a new Vac/Flusher Unit, the City of Merced sent bids out to the following vendors, 3T Equipment, MME Municipal Maintenance Equipment, Owens Equipment and Nixon Elgli Equipment. 3T Equipment was awarded the bid and the City of Merced has no problems with other cities “piggy backing” onto our vehicle bid. If you require a copy of the bid package 3T should have one, if not, then you will need to contact our Purchasing Department and request it by contacting Pam Whala at 209-385-6833.

Daniel W. Arnold Public Works Manager – Operations City of Merced, CA

ATTACHMENT A

52

ATTACHMENT B

To:

J 3T EQUIPMENT COMPANY, INC.

EQUIPMENT FOR THE PROFESSIONAL P . 0 . Box 7325 Santa Rosa, Ca 95407 {800)969-3001

Tom Watkins & Jeff Cooke City of Stockton 2500 Navy Drive Stockton, CA. 95206 (209) 937-8725

Qty Item#

1.00 Super Prod.

Description

1 Each, Super Products Camel New and unused with the same Price and features as the currant unit now on order. Please see attached Specifications

Tax@ 8.50% Freight

Mike Prentice, Sales Representative

Thank you for your business!

8/ 2/2013

Received AUG 0 2 2013

Municipal Utilities

Unit Price Line Total

$316,996.09 316,996.09

$26,944.67 26,944.67 Included TOTAL 343,940.76

(209) 679-7705 Cell - (209) 823-9737 Fax [email protected] · or - [email protected]

OK TO PAY

53

ATTACHMENT BQuote #2250

Create Quote View Quotes Logout

Customer: Date: 2013-08-02 City of Stockton 'Tom Watkins

Phone: Fax: SIN:

Sales Code

0004283-XXXXX

0004945

0004622

9410-00552

9410-01473

0004626

9410-01938

9410-01846

0004616

0004617

0004627-00002

0004632-XXXXX

9410-01189

0004635-XXXXX

0004636

9410-01869

9410-01302

0004640-XXXXX

0004641-XXXXX

9410-00812

0004648-XXXXX

0004652-XXXXX

3665-80000

9410-01549

0000

0004653-XXXXX

9216-00888

9410-01464

0004654-XXXXX

941 0-01463-0002

0004655-XXXXX

0004656-XXXXX

0004657-XXXXX

9410-01556

0004659-XXXXX

0004660

Quote: 2250

Distributor: Mike , Prentice 3T Equipment Co. 1596 Hampton Way

Quote Builder

Santa Rosa, CA 95407 [email protected] 707-543-8555 707-543-8558

Description

Camel 200110.8 cu. yd. (8.2m3)

Dump Body Unloading

6" (152.4 mm) diameter rear body drain wl10' x 6" Layflat hose

Rear door drain vertical standpipe only -without filter baffle

Rear door stainless steel baffle inside tailgate door I NOT available with SuperPak

10yd unit, 1000 gallon water capacity

500 gallon (1893 L) auxiliary polyethylene water tank, 1 Oyd unit

Dual fill system - curbside front fill with top street side crossover w ith strainer

Hydraulic tailgate latches and open

Dual Float Balls

8" (203.2 mm) Vacuum system -"Roots Type" PO Model 624 - 18"Hg.

1 0-Bolt Hot Shift PTO Drive (Allison 300013500 series only)

Remote Grease Fitting Plumbing (Jackshaft Bearings)

8' (2.4 m) Te lescoping boom

8" Heavy duty boom elbow

Boom pendant

Remote Grease Fitting Plumbing - Boom Only

80 GPM at 2500 PSI water system 1" (25.4mm) hydrostatic drive

Internal body flush out system (Dump model only)

Air purge system -Truck chassis must have air brakes

Front mounted rotating hose reel for 1" (25.4mm) sewer hose

Hose reel counter, digital readout (Front hose reels only)

800' x 1" diameter- 2500 PSI working pressure, 6250 PSI burst pressure

Back-up alarm

Vacuum level gauge

Low water warning light and alarm

Operators control panel light

Can Bus Electrical system

Boom work lights dual (2)

Flood light package, two (2) tailgate area, two (2) power unit area

LED Package, all unit DOT lighting, front & rear strobes and arrowstik

Toolbox- Aluminum diamond plate- 18" x 18" x 48" (457.2 mm x 457.2 mm x 1219 mm)

Hydraulic assist fold down tube rack (total capacity 6 tubes)

Rear Bumper

Safety cone rack with 6 - 28" cones

QTY

54

ATTACHMENT B

CT56

9210-01117

9210-01118

9450-00201

9410-00458

0004663-XXXXX

cwoo CW14

0004629

0004630-XXXXX

0004631-XXXXX

0004664-XXXXX

Super Products supplied chass1s

2 1/2 lb (1 .14 Kg) "ABC" dry chemical fire extinguisher with mounting bracket.

Highway warning triangles (3) with plastic storage box - mounted in cab.

Front tow hooks (2)

Rear tow hooks (2)

Stainless steel fenders (tandem axle trucks only)

One (1) year warranty, parts only on complete unit

Ten (10) year warranty, parts and labor on debris body and water tanks

Vacuum relief vent door- Open/close - Control at operator station

Tapered Cyclone Externally Mounted Separator with Clean-out Door

Hydraulically operated vacuum booster valve

Pleated Final Filter Assembly

four way camera system turn signal activated 3T

water pump 50 @ 3000 psi SP

four corner LED Strobes 3T

3T maintenance items 3T

1 000' of 3/4 sewer hose 3T

3" in-line sand separator at hydrant fill 3T

Freightliner chassis with two air-ride seats SP

additional 18 x 18 x 48" toolbox two total SP

75' hose on retractable reel SP-3T?

deduct 800' of 1" hose

custom-chassis Chassis other than Super Products Stock- approval required before chassis can be ordered.

F.E.T. Exempt

Inland Freight:

Ocean Freight:

Ocean Insurance:

Total F.O .B.

Back Download PDF

Download PDF (no TOC)

Download Word Doc

YES

54,500.00

SO.OO

so.oo $316,996.09

All pricing is valid for 30 calendar days from date of quotation. Super Products LLC reserves the right to modify pricing at any time.

55

12.3 13-0846 ISSUANCE OF REQUEST FOR PROPOSAL FOR INVESTMENT AND RECORDKEEPING ADMINISTRATIVE SERVICES TO SUPPORT THE CITY’S DEFERRED COMPENSATION PLANS RECOMMENDATION It is recommended that the City Council approve findings by motion and authorize the City Manager to issue a Request for Proposal (RFP) for administrative services for the City’s 457(b) and 401(a) Deferred Compensation plans, as an exception to the competitive bidding process. Department: Human Resources

56

City of Stockton

Legislation Text


ISSUANCE OF REQUEST FOR PROPOSAL FOR INVESTMENT AND RECORDKEEPINGADMINISTRATIVE SERVICES TO SUPPORT THE CITY’S DEFERRED COMPENSATION PLANS

RECOMMENDATION

It is recommended that the City Council approve findings by motion and authorize the City Managerto issue a Request for Proposal (RFP) for administrative services for the City’s 457(b) and 401(a)Deferred Compensation plans, as an exception to the competitive bidding process.

Summary

The City of Stockton offers employee-funded supplemental retirement savings plans to all full-timeand part-time employees. Staff recommends that the City issue an RFP seeking investment andrecordkeeping administration services for the 457(b) and 401(a) Plans. The RFP process will allowthe City to solicit detailed service and investment proposals from vendors in this highly competitiveand specialized market. The RFP process ensures that the City receives the highest quality ofservices at the most competitive rates. City staff will be working with SST Benefit Consulting (SST),who was the lowest cost bidder and was awarded the contract, to conduct the RFP for the DeferredCompensation investment and recordkeeping administration services. The current DeferredCompensation administrator contracts are scheduled to expire on March 31, 2014. SST is a full-service consulting firm that provides services for Deferred Compensation/Defined Contributionretirement plans in the public sector marketplace.

DISCUSSION

Background

In October 1972, Council adopted Resolution 30,047, which directed the offering of a 457 DeferredCompensation Plan to employees. The primary purpose of the Plan was to attract and hold keypersonnel by permitting them to defer a portion of compensation which would otherwise be receivedby the participant and invest such funds held by the City of Stockton in an appropriate definedcontribution plan.

Throughout the years, the City has had a variety of providers for investment and recordkeepingadministration services. The City currently has two providers of investment and recordkeepingadministration services. The International City Management Association/Retirement Corporation(ICMA/RC) has been providing services since1983. The Hartford began providing services inaddition to ICMA in 1990 and did so until they were purchased by MassMutual in late 2012, whereinMassMutual assumed the contractual obligations of The Hartford and has been servicing the City’sinvestment and recordkeeping administration service needs.




Present Situation

The City of Stockton is currently under contract with ICMA/RC and MassMutual (formerly TheHartford) for investment and recordkeeping administration services for the Deferred Compensationplans. These contracts are both scheduled to expire on March 31, 2014. Within the two plans, thereare account balances representing 2,178 full-time employees and retirees and 772 part-timeemployees. The current employee investments in the plan are in excess of $168 million. City staffwill work with SST to conduct a comprehensive RFP process to engage interested providers ofinvestment and recordkeeping administration services in a manner that will seek to maintain orenhance current service levels for the defined contribution plans offered to City employees andretirees.

Findings

The Request for Proposal (RFP) process is justified as an exception to the competitive biddingprocess under Stockton Municipal Code section 3.68.070 (A)(3) for “[n]egotiated contracts followingsolicitation of competitive proposals.” In accordance with the guidelines of Administrative PolicyContracts 25, the City must adopt findings to justify this exception. It is recommended that theCouncil adopts the findings enumerated below:

1. A strict cost competitive basis for the selection of a vendor for the City’s deferred contributionsavings plans may lower the quality and thoroughness of the services provided.

2. Selection based on cost alone does not take into account service consistency, benefit deliveryto employees, performance levels, and organizational stability.

3. These types of services require experienced professionals who have handled such servicesfor other public entities and can work closely with City staff.

4. The RFP process allows the vendors to specify what services they can provide to the Cityrather than the City bidding just one type of service.

5. It is necessary for the City to hire outside professionals to handle these services as City staffdoes not have the expertise or technology infrastructure to perform these services.

6. A competitive bidding process requiring detailed specifications in order to obtain a uniformprice proposal would not afford the City the ability to obtain the quality and unique expertiserequired, and therefore would not be in the best interest of the City.

FINANCIAL SUMMARY

The full cost of $29,950 for the RFP process has been reserved from the revenue reimbursementprovided to the City by the current providers (IMCA/RC and MassMutual) over the past five (5) years,and is fully funded in the Deferred Compensation Administration Special Fund account 642-0288-510.



12.4 13-0880 AMENDMENT TO THE SUTTER STREET APARTMENTS REHABILITATION LOAN WITH VISIONARY HOME BUILDERS TO INCREASE THE LOAN BY $150,000 USING HOME INVESTMENT PARTNERSHIPS PROGRAM FUNDING RECOMMENDATION It is recommended that City Council approve a motion: 1. Approving an amendment to the loan between the City of Stockton and Visionary Home Builders of California to increase the loan for the rehabilitation of the Sutter Street Apartments, located at 1120 North Sutter Street, by $150,000; and 2. Authorizing the City Manager, or his designee, to execute all documents and take all necessary and appropriate actions to carry out the purpose and intent of the motion. Department: Economic Development

59

City of Stockton

Legislation Text


AMENDMENT TO THE SUTTER STREET APARTMENTS REHABILITATION LOAN WITHVISIONARY HOME BUILDERS TO INCREASE THE LOAN BY $150,000 USING HOMEINVESTMENT PARTNERSHIPS PROGRAM FUNDING

RECOMMENDATION

It is recommended that City Council approve a motion:

1. Approving an amendment to the loan between the City of Stockton and Visionary HomeBuilders of California to increase the loan for the rehabilitation of the Sutter Street Apartments,located at 1120 North Sutter Street, by $150,000; and

2. Authorizing the City Manager, or his designee, to execute all documents and take allnecessary and appropriate actions to carry out the purpose and intent of the motion.

Summary

On July 24, 2012, the City Council approved a $1,654,100 loan to Visionary Home Builders (Motion2012-07-24-1501) for rehabilitation of a 20-unit apartment complex located at 1120 North SutterStreet (Attachment A - Vicinity Map). The loan was funded with HOME and NeighborhoodStabilization Program (NSP) funds. The property, which had been donated to Visionary, was in needof extensive rehabilitation. After the rehabilitation began, Visionary discovered that additionalrehabilitation work was needed and additional items were required by the City, both of whichincreased the cost of the project. To cover the increased costs, Visionary has requested that theoriginal loan be increased by $150,000. Upon completion of the rehabilitation, the project will provideaffordable housing for three households with incomes at or below 30 percent of the Area MedianIncome (AMI), sixteen households with incomes at or below 50 percent of the AMI, and one unit foran on-site manager. The 30 percent units are necessary to assist the City in meeting its Price Caserequirements.

DISCUSSION

Background

In 2011, Visionary Home Builders of California accepted ownership of the Sutter Street Apartments,located at 1120 North Sutter Street, from Chase Bank who had obtained the property throughforeclosure. The complex, which consists of 20 one-bedroom units, was in need of extensiverehabilitation. On July 24, 2012, the City Council approved a $1,654,100 loan to Visionary for therehabilitation. The rehabilitation required major demolition of the interior of the apartment units.During demolition, dry rot was found in areas that were previously inaccessible and the need forstructural repairs to beams in the ceiling and the foundation were also uncovered. After the




rehabilitation began, Visionary was informed by the City Fire Department that it needed to install amonitored fire alarm system, relocate six windows for egress, and install fire-rated material in severallocations throughout the complex. All of these items increased the rehabilitation costs for theproject.

Present Situation

Visionary has requested a loan increase of $150,000 to cover the additional rehabilitation costs. Citystaff reviewed the additional work and determined that all of the work is necessary, the estimatedcosts are reasonable, and that none of it could have been foreseen at the time of Visionary’s originalrequest for financial assistance. It was also determined that $150,000 will be sufficient to completethe project.

If the $150,000 loan increase is approved, it will bring the City’s total commitment to the project to$1,804,100. The City’s loan equates to a per unit rehabilitation cost of approximately $90,000 perunit which is within the range of recent rehabilitation projects funded by the City that have varied froma low of $32,000 per unit to a high of $102,000 per unit. Per unit rehabilitation costs for this projectare relatively high due to the extensive amount of rehabilitation that is needed and the small numberof units in the complex to share the costs.

The small number of units also affects Visionary’s ability to obtain a conventional bank loan for theadditional rehabilitation costs. As required by the executed Regulatory Agreement, three of theseunits must be rented to households with incomes that do not exceed 30 percent of the Area MedianIncome (AMI), sixteen units will be rented to households with incomes not exceeding 50 percent ofAMI, and the remaining unit will be occupied by an on-site manager. Rents for the 30 percent AMIhouseholds will be restricted to approximately $330 per month and rents for the 50 percent units willbe approximately $550 per month. With the limited rental income that the complex will generate, it isdifficult for the project to support a conventional bank loan.

The original City loan was funded with a combination of $1,200,000 of Home InvestmentsPartnerships Program (HOME) funding and $454,100 of Neighborhood Stabilization Program 3(NSP3) funds. If the requested $150,000 loan increase is approved, it is recommended that it befunded with HOME funds. NSP and HOME are funds that the City receives from the U.S. Departmentof Housing and Urban Development (HUD). These funds can only be used for projects, such as theSutter Street Apartments, which result in the provision of affordable housing for low-incomehouseholds. The same terms as the original loan, which is a 55-year, 3 percent interest loan, withannual payments of the outstanding principal and accrued interest equal to 50 percent of the residualreceipts from the prior year, will apply (Attachment B - Amendment to the Loan Agreement,Attachment C - Amendment to the Regulatory Agreement, Attachment D - Amended and RestatedPromissory Note, Attachment E - Amended and Restated Deed of Trust).

As previously noted, it will be required that three of the units be rented to households with incomes ator below 30 percent of the AMI. These units will help the City meet its legal obligations under thePrice case settlement agreement, which requires that low-income housing units be constructed orrehabilitated to replace those destroyed in the Downtown area during the early 2000’s.




FINANCIAL SUMMARY

No General Fund dollars will be used for this project. Sufficient funds are available to provide the$150,000 loan from the HOME Program fund balance. Funds need to be appropriated to 058-8530-640.20-51 for this project.

Attachment A - Vicinity MapAttachment B - Amendment to the Loan AgreementAttachment C - Amendment to the Regulatory AgreementAttachment D - Amended and Restated Promissory NoteAttachment E - Amended and Restated Deed of Trust



��

��

��

�

��

��

��

��

��

��

��

��

��

˜

Attachment A

Attachment A

63

swill

Callout

1120 North Sutter Street

cbutler

Text Box

Attachment B

FIRST AMENDMENT TO THE LOAN AGREEMENT

BETWEEN THE CITY OF STOCKTON AND VISIONARY HOME BUILDERS OF CALIFORNIA FOR PROPERTY LOCATED AT

1120 NORTH SUTTER STREET

This Amendment ("Amendment") is entered into on -------' 2013,

between the City of Stockton, California, a municipal corporation ("City") and Visionary

Home Builders of California, Inc., a California non-profit corporation ("Borrower'').

RECITALS

A. On July 24, 2012, the City Council approved a $1,654,100 loan to Borrower

(Motion #2012-07 -24-1501) funded with One Million Two Hundred Thousand

Dollars ($1 ,200,000) of HOME Investment Partnerships Act (HOME) funds and

$454,100 of Neighborhood Stabilization Program 3 (NSP3) funds {"The Loan") to

assist with the rehabilitation of improvements on the property located at 1120

North Sutter Street, Stockton, California ("Project").

B. The Loan was evidenced by a Loan Agreement, a Promissory Note, a Regulatory

Agreement and Declaration of Restrictive Covenants, and a Deed of Trust and

Security Agreement, all dated August 25, 2012.

C. The funds were provided as a fifty-five (55) year, three percent (3%) interest loan

with annual payments equal to fifty percent (50%) of the Residual Receipts from

the preceding calendar year.

D. After Borrower began the rehabilitation it found additional work was needed that

was not originally detectible. Additional requirements were also placed on the

project which further increased project costs.

E. The Borrower requested an additional loan of $150,000 to pay for the increased

costs and allow the completion of the rehabilitation.

::ODMA\GRPWISE\COS.HRD.HRD_Library:114270.1

64

Attachment B

F. On ________ , 2013, the City Council approved the additional loan

with the terms recommended by staff.

AGREEMENT

1. TERMS- Recital E, Section 1.1 (o), Section 2.1, and Exhibit B of the original

Loan Agreement shall be amended to read as follows:

Recital E. Developer wishes to borrow and the City wishes to extend a One

Million Eight Hundred Four Thousand One Hundred Dollar ($1 ,804, 1 00) loan

("The Loan") funded with One Million Three Hundred Fifty Thousand Dollars

($1 ,350,000) of HOME funds and Four Hundred Fifty Four Thousand One

Hundred Dollars ($454, 1 00) of NSP3 funds for eligible rehabilitation costs. The

project will contain twelve (12) HOME-assisted units.

Section 1.1 (o) "Loan" shall mean the loan from the City to Borrower in the total

principal amount of One Million Eight Hundred Four Thousand One Hundred

Dollars ($1 ,804, 1 00).

Section 2.1 Loan. Subject to satisfaction of the conditions set forth in Section

2.5, the City shall loan to the Borrower the principal sum not to exceed One

Million Eight Hundred Four Thousand One Hundred Dollars ($1 ,804, 1 00), for the

purposes set forth in Section 2.3 of the Loan Agreement. The Loan shall be

evidenced by a promissory note ("Note) in a form to be provided by the City,

which shall be executed by the Borrower concurrently herewith.

Exhibit B. Exhibit B is hereby deleted and replaced with the revised Exhibit B

attached hereto.

"2. COSTS AND EXPENSES - Unless otherwise expressly provided within this

Amendment, each party shall pay its own costs, expenses, including legal and

other professional fees, incurred in connection with this Amendment.


65

Attachment B

3. OTHER TERMS -All other terms and conditions of the original Loan Agreement

shall remain in full force and effect except as modified by this Amendment.

IN WITNESS WHEREOF, AMENDMENT is executed as of the date first written

above.

ATTEST:

By: __________ _ BONNIE PAIGE City Clerk of the City of Stockton

APPROVED AS TO FORM:

JOHN M. LUEBBERKE, CITY ATTORNEY

By: __________ _


BORROWER:

VISIONARY HOME BUILDERS OF CALIFORNIA, INC., a California nonprofit corporation

By: ___________ _ CAROL ORNELAS, EXECUTIVE DIRECTOR

CITY:

CITY OF STOCKTON, a municipal corporation

By: ___________ _

CITY MANAGER

66

Attachment B

LOAN AGREEMENT EXHIBIT B

REVISED DEVELOPMENT BUDGET

All amounts are estimates, subject to modification upon request by the Borrower and written approval by the City Manager. ·

Item Total Cost Original Loan Items: Appliances $ 27,795 Coin Washer $ 1,800 Coin Dryer $ 1,626 Cabinets $ 51,211 Clean Rough/Final $ 18,000 Concrete flatwork $ 73,424 Countertops $ 36,000 Upper walkways $ 20,000 Demolition $ 10,000 Doors/Hardware $ 53,800 Electrical $ 45,600 Flooring $ 36,000 General Carpentry (beams) $ 6,000 HVAC $ 60,000 Landscape $ 4,500 Painting $ 65,000 Plumbing $ 55,980 Roofing - Main $ 40,000 Roofing - Front of building $ 5,370 Roofing - Bath fan venting & flashing $ 650 Shower surrounds and tubs $ 24,000 Windows $ 42,000 Stucco repair $ 15,000 Window coverings $ 3,600 Sewer line inspection $ 1,000 Lead paint inspection $ 1,650 Lead paint abatement $ 8,150 Asbestos abatement $ 40,000 Structural upgrades $ 150,000 Security Cameras & DVR $ 11,000 Prevailing Wage Adjustment $ 227,289 Security During Construction $ 25,600 Initial Replacement Reserve funding $ 18,000 Conventional loan fees $ 1,935 Appraisal $ 3,500 Closing costs $ 11,800 Contractor OH&P $ 136,373 Construction Contingency $ 127,282 Developer fee $ 146,095 Holding Costs $ 9,500 Local permits and fees $ 10,000


67

Attachment B

Item (cont.) Total Cost (cont.) Wage Verification fee $ 16,070 Furnishings $ 2,000 Marketing/Lease up $ 5,000 Audit expense $ 4,500 Subtotal for Original Loan Items $1,654,100

Additional Loan Items: Installation of fire-rated material $ 5,152

Fully-monitored fire alarm system $ 9,772 Relocation of six window openings $ 5,191 Dry rot repair $ 4,328 Structural repairs to beams and foundation $ 14,980 Additional structural foundation footings $ 6,664 Additional demolition $ 59,750 Architecture/Engineering Fees (for additional work) $ 32,947 City permits/fees (for additional work) $ 11,216 Subtotal for Additional Loan Items $ 150,000

Total Rehabilitation Cost $1,804,100 Land/Improvement Value $ 554,438 Total Project Cost $2,358,538


68

C:\Documents and Settings\cbutler\Desktop\Attachment C - Amendment to the Regulatory Agreement.doc

FIRST AMENDMENT TO THE

REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS

1120 NORTH SUTTER STREET STOCKTON, CALIFORNIA

This Amendment (“Amendment”) is entered into on _________________, 2013,

between the City of Stockton, California, a municipal corporation (“City”) and

Visionary Home Builders of California, Inc., a California non-profit corporation

(“Borrower”).

RECITALS

A. On July 24, 2012, the City Council approved a $1,654,100 loan (Motion

#2012-07-24-1501) funded with One Million Two Hundred Thousand Dollars

($1,200,000) of HOME Investment Partnerships Act (HOME) funds and $454,100

of Neighborhood Stabilization Program 3 (NSP3) funds (“The Loan”) to Borrower

to assist with rehabilitation of the improvements on the property located at 1120

North Sutter Street, Stockton, California (“Project”).

B. The Loan was evidenced by a Loan Agreement, a Promissory Note, a

Regulatory Agreement and Declaration of Restrictive Covenants, and a Deed of

Trust and Security Agreement, all dated August 25, 2012.

C. After Borrower began the rehabilitation they found additional work was needed

that was not originally detectible. Additional requirements were placed on the

project which further increased project costs.

D. The Borrower requested an additional loan of $150,000 to pay for the

increased costs and allow the completion of the rehabilitation.

E. On , 2013, the City Council approved the additional

loan with the terms recommended by staff.

Attachment C

69


AGREEMENT

1. TERMS – Recitals C and E of the original Regulatory Agreement shall be

amended to read as follows:

Recital C. Pursuant to the Loan Agreement, the City will provide Borrower

a loan in the total amount of One Million Eight Hundred Four Thousand One Hundred Dollars ($1,804,100) (“City Loan”). The City has agreed to

make the City Loan to the Borrower on the condition that the Development

be maintained and operated in accordance with the restrictions concerning

affordability, operation, and maintenance of the Development specified in

this Agreement.

Recital E. The City has received Home Investment Partnerships Act funds

from HUD pursuant to the Cranston-Gonzales National Affordable Housing

Act of 1990 ("HOME Funds"). Pursuant to the Loan Agreement, the City

has agreed to provide Borrower a loan of HOME Funds in the amount of

One Million Three Hundred Fifty Thousand Dollars ($1,350,000) to assist in

the rehabilitation of the Development ("City HOME Loan").

2. COSTS AND EXPENSES – Unless otherwise expressly provided within

this Amendment, each party shall pay its own costs, expenses, including

legal and other professional fees, incurred in connection with this

Amendment.

Attachment C

70


3. OTHER TERMS – All other terms and conditions of the original Regulatory

Agreement shall remain in full force and effect except as modified by this

Amendment.

IN WITNESS WHEREOF, AMENDMENT is executed as of the date first

written above.

BORROWER:

VISIONARY HOME BUILDERS OF CALIFORNIA, INC., a California nonprofit corporation

By:____ ____________________

CAROL ORNELAS, EXECUTIVE DIRECTOR

CITY:

CITY OF STOCKTON, a municipal corporation

By:___ _____________________ CITY MANAGER ATTEST: By:__________________________ BONNIE PAIGE City Clerk of the City of Stockton APPROVED AS TO FORM: JOHN M. LUEBBERKE, CITY ATTORNEY By:_________________________

Attachment C

71

of 3

AMENDED AND RESTATED PROMISSORY NOTE

$1,804,100 Stockton, California , 2013

FOR VALUED RECEIVED, Visionary Home Builders of California, a California non-profit corporation ("Borrower"), promises to pay to the City of Stockton, a municipal corporation ("City"), the principal sum of One Million Eight Hundred Four Thousand One Hundred Dollars ($1,804,100), or so much as is disbursed to Borrower, plus interest thereon pursuant to Section 2 below (“Loan”).

1. Loan Agreement. This amended and restated promissory note ("Note") is made pursuant to the terms of the Loan Agreement dated August 25, 2012 and the First Amendment to the Loan Agreement dated ,2013, entered into between the Borrower and the City (together the "Loan Agreement"). All capitalized terms used but not defined in this Note shall have the meanings set forth in the Loan Agreement. This Note amends and restates in its entirety that certain promissory note dated August 25, 2012, which promissory note is hereby cancelled and of no further force and effect.

2. Term and Repayment Requirements. The term of this Note ("Term") shall commence with the date of this Note and shall expire fifty-five (55) years from the date the final inspection of the building permit(s) for the Units was approved. The indebtedness evidenced by this Note shall be due and payable at the times and in the manner set forth in Section 2.10 of the Loan Agreement. The repayment of this Note shall be nonrecourse to Borrower pursuant to Section 2.8 of the Loan Agreement, and subject to the exceptions set forth therein.

3. Security. This Note shall be secured by a deed of trust ("Deed of Trust") on Borrower's fee interest in the real property described in Exhibit A of the Loan Agreement ("Property"). Upon repayment of this Note, Holder shall execute a request for reconveyance of the Deed of Trust. As additional security for this Note, the Borrower has assigned to the City its rights and obligations with respect to certain documents, studies, approvals, and agreements as provided in the Assignment.

4. Interest. The outstanding principal balance of this Note shall bear simple interest at the rate of three percent (3%) from the date of the final draw of loan funds, payment of which is payable as provided in Section 2.6 of the Loan Agreement; provided, however, upon the occurrence of an Event of Default the City shall have the right to declare all of the principal immediately due and payable, which amount shall bear interest at the lesser of ten percent (10%) per annum, or the maximum amount permitted by law, from the expiration of the applicable cure period for the default to the date of repayment in full of the principal amount of the Loan and any interest due thereon. All payments received shall be applied first to the accrued interest and second to the principal outstanding. Neither acceptance by the City of the payments provided for herein nor any failure by the City to pursue its legal and equitable remedies upon default shall constitute a waiver of the City’s right to require prompt payments when due

Attachment D

72

of 3

of all principal and interest owing or to declare a default and exercise all of its rights under this Note, and the Loan Agreement.

5. No Offset. The Borrower hereby waives any rights of offset it now has or may hereafter have against the City, its successors and assigns, and agrees to make the payment called for herein in accordance with the terms of this Note.

6. Waiver; Attorney's Fees. The Borrower, for itself, its heirs, legal

representatives, successors and assigns, waives diligent presentment, protest and demand, and notice of protest, dishonor and non-payment of this Note, and expressly waives any rights to be released by reason of any extension of time or change in terms of payment, or change, alteration or release of any security given for the payments hereof, and expressly waives the right to plead any and all statutes of limitations as a defense to any demand on this Note or agreement to pay the same, and agrees to pay all costs of collection when incurred, including reasonable attorneys' fees. If an action is instituted on this Note, the undersigned promises to pay, in addition to the costs and disbursements allowed by law, such sum as a court may adjudge reasonable as attorneys' fees in such action.

7. Manner and Place of Payment. All payments of principal and interest shall be payable in lawful money of the United States of America at the office of the City as set forth in Section 7.12 of the Loan Agreement or at such other address as the City may provide to the Borrower by notice in accordance with Section 7.12 of the Loan Agreement.

8. Default.

(a) Any of the following shall constitute an Event of Default under this Note:

(i) Any failure to pay, in full, any payment required under this Note when due following written notice by the City of such failure and ten (10) days opportunity to cure;

(ii) Any failure in the performance by the Borrower of any term, condition, provision or covenant set forth in this Note subject to the notice and cure period, if any, set forth in Section 6 of the Loan Agreement; and

(iii) The occurrence of any Event of Default under the Loan Agreement, or other instrument securing the obligations of the Borrower under this Note or under any other promissory notes hereafter issued by the Borrower to the City pursuant to the Loan Agreement, subject to notice and cure periods, if any, set forth therein.

(b) Upon the occurrence of such an Event of Default, the entire unpaid principal balance, together with all interest thereon, and together with all other sums then payable under this Note and the Loan Agreement shall at the option of the City become immediately due and payable upon written notice by the City to the Borrower without further demand.

Attachment D

73

of 3

(c) The failure to exercise the remedy set forth in subsection 8(b)

above or any other remedy provided by law upon the occurrence of one or more of the foregoing events of default shall not constitute a waiver of the right to exercise any remedy at any subsequent time in respect to the same or any other default. The acceptance by the City hereof of any payment which is less than the total of all amounts due and payable at the time of such payment shall not constitute a waiver of the right to exercise any of the foregoing remedies or options at that time or at any subsequent time, or nullify any prior exercise of any such remedy or option, without the express consent of the City, except as and to the extent otherwise provided by law.

9. Assignment. The City in its discretion may assign the City’s rights under this Note.

10. Miscellaneous Provisions.

(a) All notices to the City or the Borrower shall be given in the manner and at the addresses set forth in the Loan Agreement, or to such addresses as the City and the Borrower may hereinafter designate.

(b) If any term or provision of this Note conflicts with any term or provision of the Loan Agreement, the term of provision of the Loan Agreement shall control to the extent of such conflict.

(c) This Note may not be changed orally, but only by an agreement in writing signed by the party against whom enforcement of any waiver, change, modification or discharge is sought.

(d) This Note shall be governed by and construed in accordance with the laws of the State of California.

(e) The times for the performance of any obligations hereunder shall be strictly construed, time being of the essence.

(f) This document, together with the Loan Documents, contains the entire agreement between the parties as to the Loan. It may not be modified except upon written consent of the parties.

VISIONARY HOME BUILDERS OF CALIFORNIA, INC., a California non-profit corporation

APPROVED AS TO FORM: By: JOHN M. LUEBBERKE, CAROL ORNELAS CITY ATTORNEY EXECUTIVE DIRECTOR By:_________________________

Attachment D

74

C:\Documents and Settings\cbutler\Desktop\Attachment E - Amended and Restated Deed of Trust.doc 1

RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Stockton Economic Development Department 425 North El Dorado Street, Third Floor Stockton, CA 95202 Attn: Director NO RECORDING FEE PURSUANT TO GOVERNMENT CODE SECTION 27383

AMENDED AND RESTATED DEED OF TRUST AND SECURITY AGREEMENT 1120 NORTH SUTTER STREET

THIS AMENDED AND RESTATED DEED OF TRUST ("Deed of Trust") is made this

day of , 2013, by and among Visionary Home Builders of California, a California non-profit corporation ("Trustor"), Old Republic Title Company, a California corporation, ("Trustee"), and the City of Stockton, a municipal corporation ("Beneficiary").

FOR GOOD AND VALUABLE CONSIDERATION, including the indebtedness herein recited and the trust herein created, the receipt of which is hereby acknowledged, Trustor hereby irrevocably grants, transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and security of Beneficiary, under and subject to the terms and conditions hereinafter set forth, Trustor's fee interest in the property located in the County of San Joaquin, State of California, that is described in the attached Exhibit A, incorporated herein by this reference ("Property").

TOGETHER WITH all interest, estates or other claims, both in law and in equity which Trustor now has or may hereafter acquire in the Property and the rents;

TOGETHER WITH all easements, rights-of-way and rights used in connection therewith or as a means of access thereto, including (without limiting the generality of the foregoing) all tenements, hereditaments and appurtenances thereof and thereto;

TOGETHER WITH any and all buildings and improvements of every kind and description now or hereafter erected thereon, and all property of Trustor now or hereafter affixed to or placed upon the Property;

TOGETHER WITH all building materials and equipment now or hereafter delivered to said property and intended to be installed therein;

TOGETHER WITH all right, title and interest of Trustor, now owned or hereafter acquired, in and to any land lying within the right-of-way of any street, open or proposed, adjoining the Property, and any and all sidewalks, alleys and strips and areas of land adjacent to or used in connection with the Property;

Attachment E

75


TOGETHER WITH all estate, interest, right, title, other claim or demand, of every nature, in and to such property, including the Property, both in law and in equity, including, but not limited to, all deposits made with or other security given by Trustor to utility companies, the proceeds from any or all of such property, including the Property, claims or demands with respect to the proceeds of insurance in effect with respect thereto, which Trustor now has or may hereafter acquire, any and all awards made for the taking by eminent domain or by and proceeding or purchase in lieu thereof of the whole or any part of such property, including without limitation, any awards resulting from a change of grade of streets and awards for severance damages to the extent Beneficiary has an interest in such awards for taking as provided in Section 4.1 herein; and

TOGETHER WITH all of Trustor's interest in all articles of personal property or fixtures now or hereafter attached to or used in and about the building or buildings now erected or hereafter to be erected on the Property which are necessary to the complete and comfortable use and occupancy of such building or buildings for the purposes for which they were or are to be erected, including all other goods and chattels and personal property as are ever used or furnished in operating a building, or the activities conducted therein, similar to the one herein described and referred to, and all renewals or replacements thereof or articles in substitution therefor, whether or not the same are, or shall be attached to said building or buildings in any manner.

All of the foregoing, together with the Property, is herein referred to as the "Security." To have and to hold the Security together with acquittances to Trustee, its successors and assigns forever.

FOR THE PURPOSE OF SECURING:

A. Payment of just indebtednesses of Trustor to Beneficiary as set forth in the Note (defined in Article 1 below) until paid or cancelled. Said principal and other payments shall be due and payable as provided in the Note. Said Note and all its terms are incorporated herein by reference, and this conveyance shall secure any and all extensions thereof, however evidenced; and

B. Payment of any sums advanced by Beneficiary to protect the Security pursuant to the terms and provisions of this Deed of Trust following a breach of Trustor's obligation to advance said sums and the expiration of any applicable cure period, with interest thereon as provided herein; and

C. Performance of every obligation, covenant or agreement of Trustor contained herein and in the Loan Documents (defined in Section 1.3 below).

AND TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR

COVENANTS AND AGREES:

Attachment E

76


ARTICLE 1: DEFINITIONS

In addition to the terms defined elsewhere in this Deed of Trust, the following terms shall have the following meanings in this Deed of Trust:

Section 1.1 The term "Loan Agreement" means the Loan Agreement between Trustor and Beneficiary, dated August 25, 2012 and the First Amendment to the Loan Agreement, dated , 2013, (together the “Loan Agreement”) providing for a loan from Beneficiary to Trustor in the amount of One Million Eight Hundred Four Thousand One Hundred Dollars ($1,804,100) for the rehabilitation of the existing units on the Property into twenty (20) units of rental housing affordable to three (3) households with incomes at or below thirty percent (30%) of Area Median income (AMI) and sixteen (16) households with incomes at or below fifty percent (50%) of AMI, and one manager’s unit (the "Development").

Section 1.2 The term "Loan Documents" means this Deed of Trust, the Note, the Loan Agreement, the Regulatory Agreement, and any other debt, loan, or security instruments between Trustor and Beneficiary relating to the Property.

Section 1.3 The term "Note" means that certain amended and restated promissory note in the amount of One Million Eight Hundred Four Thousand One Hundred Dollars ($1,804,100) dated 2013, executed by Trustor in favor of Beneficiary, the payment of which is secured by this Deed of Trust. (Copies of the Note are on file with Beneficiary and terms and provisions of the Note are incorporated herein by reference.) The Note shall be nonrecourse to Trustor, pursuant to and except as provided in Section 2.8 of the Loan Agreement.

Section 1.4 The term "Principal and Interest" means the aggregate of the amounts required to be paid under the Note.

Section 1.5 The term "Regulatory Agreement" means that certain Regulatory Agreement and Declaration of Restrictive Covenants between Trustor and Beneficiary, dated August 25, 2012 and the First Amendment to the Regulatory Agreement dated ,2013 regulating the occupancy of the housing units in the Development to households with certain incomes.

ARTICLE 2: MAINTENANCE AND MODIFICATION OF

THE PROPERTY AND SECURITY

Section 2.1 Maintenance and Modification of the Property by Trustor. Trustor agrees that at all times prior to full payment of the sum owed under the Note, Trustor will, at Trustor's own expense, maintain, preserve, and keep the Security or cause the Security to be maintained and preserved in good condition. Trustor will from time to time make or cause to be made all repairs, replacements, and renewals deemed proper and necessary by it. Beneficiary shall have no responsibility in any of these matters or for the making of improvements or additions to the Security.

Attachment E

77


Trustor agrees to pay fully and discharge (or cause to be paid fully and discharged)

all claims for labor done and for material and services furnished in connection with the Security, diligently to file or procure the filing of a valid notice of cessation upon the event of a cessation of labor on the work or construction on the Security for a continuous period of thirty (30) days or more, and to take all other reasonable steps to forestall the assertion of claims of lien against the Security of any part thereof. Trustor irrevocably appoints, designates and authorizes Beneficiary as its agent (said agency being coupled with an interest) with the authority, but without any obligation, to file for record any notices of completion or cessation of labor or any other like notice that Beneficiary deems necessary or desirable to protect its interest in and to the Security or the Loan Documents; provided, however, that Beneficiary shall exercise its rights as agent of Trustor only in the event that Trustor shall fail to take, or shall fail to diligently continue to take, those actions as hereinbefore provided.

Nothing herein contained shall require Trustor to pay any claims for labor, materials or services which Trustor in good faith disputes and is diligently contesting provided that Trustor shall, within thirty (30) days after the filing of any claim of lien, record in the Office of the Recorder of San Joaquin County, a surety bond in an amount one and one-half (1½) times the amount of such claim item to protect against a claim of lien.

Section 2.2 Granting of Easements. Trustor may not grant easements, licenses, rights-of-way or other rights or privileges in the nature of easements with respect to any property or rights included in the Security except those required or desirable for installation and maintenance of public utilities including, without limitation, water, gas, electricity, sewer, telephone and telegraph, or those required by law. As to these exceptions, Beneficiary will consent to and/or direct Trustee to consent to the grant of such easements.

ARTICLE 3: TAXES AND INSURANCE; ADVANCES

Section 3.1 Taxes, Other Governmental Charges and Utility Charges. Trustor shall pay, or cause to be paid, at least fifteen (15) days prior to the date of delinquency, all taxes, assessments, charges and levies imposed by any public authority or utility company which are or may become a lien affecting the Security or any part thereof; provided, however, that Trustor shall not be required to pay and discharge any such tax, assessment, charge or levy so long as (a) the legality thereof shall be promptly and actively contested in good faith and by appropriate proceedings, and (b) Trustor maintains reserves adequate to pay any liabilities contested pursuant to this Section. With respect to taxes, special assessments or other similar governmental charges, Trustor shall pay such amount in full prior to the attachment of any lien therefor on any part of the Security; provided, however, if such taxes, assessments or charges may be paid in installments, Trustor may pay in such installments. Except as provided in clause (b) of the first sentence of this paragraph, the provisions of this Section shall not be construed to require that Trustor maintain a reserve account, escrow account, impound account or other similar account for the payment of future taxes, assessments, charges and levies.

Attachment E

78


In the event that Trustor shall fail to pay any of the foregoing items required by this Section to be paid by Trustor, Beneficiary may (but shall be under no obligation to) pay the same, after Beneficiary has notified Trustor of such failure to pay and Trustor fails to fully pay such items within seven (7) business days after receipt of such notice. Any amount so advanced therefor by Beneficiary, together with interest thereon from the date of such advance at the maximum rate permitted by law, shall become an additional obligation of Trustor to Beneficiary and shall be secured hereby, and Trustor agrees to pay all such amounts.

Section 3.2 Provisions Respecting Insurance. Trustor agrees to provide insurance conforming in all respects to that required under the Loan Documents during the course of construction and following completion, and at all times until all amounts secured by this Deed of Trust have been paid and all other obligations secured hereunder fulfilled, and this Deed of Trust reconveyed.

All such insurance policies and coverages shall be maintained at Trustor's sole cost and expense. Certificates of insurance for all of the above insurance policies, showing the same to be in full force and effect, shall be delivered to Beneficiary upon demand therefor at any time prior to Beneficiary's receipt of the entire Principal and Interest and all amounts secured by this Deed of Trust.

Section 3.3 Advances. In the event Trustor shall fail to maintain the full insurance coverage required by this Deed of Trust or shall fail to keep the Security in accordance with the Loan Documents, Beneficiary, after at least seven (7) days prior notice to Trustor, may (but shall be under no obligation to) take out the required policies of insurance and pay the premiums on the same or may make such repairs or replacements as are necessary and provide for payment thereof; and all amounts so advanced therefor by Beneficiary shall become an additional obligation of Trustor to Beneficiary (together with interest as set forth below) and shall be secured hereby, which amounts Trustor agrees to pay on the demand of Beneficiary, and if not so paid, shall bear interest from the date of the advance at the lesser of ten percent (10%) per annum or the maximum rate permitted by law.

ARTICLE 4: DAMAGE, DESTRUCTION OR CONDEMNATION

Section 4.1 Awards and Damages. All judgments, awards of damages, settlements and compensation made in connection with or in lieu of (a) taking of all or any part of or any interest in the Property by or under assertion of the power of eminent domain, (b) any damage to or destruction of the Property or in any part thereof by insured casualty, and (c) any other injury or damage to all or any part of the Property ("Funds") are hereby assigned to and shall be paid to Beneficiary by a check made payable to Beneficiary. Beneficiary is authorized and empowered (but not required) to collect and receive any Funds and is authorized to apply them in whole or in part upon any indebtedness or obligation secured hereby, in such order and manner as Beneficiary shall determine at its sole option. Beneficiary shall be entitled to settle and adjust all claims under insurance policies provided under this Deed of Trust and may deduct and retain from the proceeds of such insurance the amount of all expenses incurred by it in connection with any such settlement or adjustment. All or any part of the amounts so collected and recovered by

Attachment E

79


Beneficiary may be released to Trustor upon such conditions as Beneficiary may impose for rebuilding of the improvements on the Property. Application of all or any part of the Funds collected and received by Beneficiary or the release thereof shall not cure or waive any default under this Deed of Trust. The rights of Beneficiary under this Section are subject to the rights of any senior mortgage lender.

ARTICLE 5: AGREEMENTS AFFECTING THE PROPERTY; FURTHER

ASSURANCES; PAYMENT OF PRINCIPAL AND INTEREST

Section 5.1 Other Agreements Affecting Property. Trustor shall duly and punctually perform all terms, covenants, conditions and agreements binding upon it under the Loan Documents and any other agreement of any nature whatsoever now or hereafter involving or affecting the Security or any part thereof.

Section 5.2 Agreement to Pay Attorneys' Fees and Expenses. In the event of any Event of Default (as defined below) hereunder, and if Beneficiary should employ attorneys or incur other expenses for the collection of amounts due or the enforcement of performance or observance of an obligation or agreement on the part of Trustor in this Deed of Trust, Trustor agrees that it will, on demand therefor, pay to Beneficiary the reasonable fees of such attorneys and such other reasonable expenses so incurred by Beneficiary; and any such amounts paid by Beneficiary shall be added to the indebtedness secured by the lien of this Deed of Trust, and shall bear interest from the date such expenses are incurred at the lesser of ten percent (10%) per annum or the maximum rate permitted by law.

Section 5.3 Payment of the Principal and Interest. Trustor shall pay to Beneficiary the Principal and Interest and any other payments as set forth in the Note in the amounts and by the times set out therein.

Section 5.4 Personal Property. To the maximum extent permitted by law, the personal property subject to this Deed of Trust shall be deemed to be fixtures and part of the real property and this Deed of Trust shall constitute a fixture filing under the California Commercial Code. As to any personal property not deemed or permitted to be fixtures, this Deed of Trust shall constitute a security agreement under the California Commercial Code.

Section 5.5 Financing Statement. Trustor shall execute and deliver to Beneficiary such financing statements pursuant to the appropriate statutes, and any other documents or instruments as are required to convey to Beneficiary a valid perfected security interest in the Security. Trustor agrees to perform all acts which Beneficiary may reasonably request so as to enable Beneficiary to maintain such valid perfected security interest in the Security in order to secure the payment of the Note in accordance with its terms. Beneficiary is authorized to file a copy of any such financing statement in any jurisdiction(s) as it shall deem appropriate from time to time in order to protect the security interest established pursuant to this instrument.

Section 5.6 Operation of the Security. Trustor shall operate the Security (and, in case of a transfer of a portion of the Security subject to this Deed of Trust, the transferee shall operate such portion of the Security) in full compliance with the Loan Documents.

Attachment E

80


Section 5.7 Inspection of the Security. At any and all reasonable times upon

seventy-two (72) hours' notice, Beneficiary and its duly authorized agents, attorneys, experts, engineers, accountants and representatives, shall have the right, without payment of charges or fees, to inspect the Security. Trustor shall have the right to be present during any such inspections.

Section 5.8 Nondiscrimination. Trustor herein covenants by and for itself, its heirs, executors, administrators, and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, sexual orientation, marital status, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the Security, nor shall Trustor itself or any person claiming under or through it establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the Security. The foregoing covenants shall run with the land.

ARTICLE 6: HAZARDOUS WASTE

Section 6.1 Compliance with Environmental Laws. Trustor shall keep and maintain the Property in compliance with, and shall not cause or permit the Property to be in violation of any federal, state or local laws, ordinances or regulations relating to industrial hygiene or to the environmental conditions on, under or about the Property including, but not limited to, soil and ground water conditions. Trustor shall not use, generate, manufacture, store or dispose of on, under, or about the Property or transport to or from the Property any flammable explosives, radioactive materials, hazardous wastes, toxic substances or related materials, including without limitation, any substances defined as or included in the definition of "hazardous substances," hazardous wastes," "hazardous materials," or "toxic substances" under any applicable federal or state laws or regulations (collectively referred to hereinafter as "Hazardous Materials") except such of the foregoing as may be customarily kept and used in and about residential property, and during construction only, such as may be customarily kept and used in the course of multi-family residential construction.

Section 6.2 Notice to Beneficiary. Trustor shall immediately advise Beneficiary in writing if at any time it receives written notice of (a) any and all enforcement, cleanup, removal or other governmental or regulatory actions instituted, completed or threatened against Trustor or the Property pursuant to any applicable federal, state or local laws, ordinances, or regulations relating to any Hazardous Materials ("Hazardous Materials Law"); (b) all claims made or threatened by any third party against Trustor or the Property relating to damage, contribution, cost recovery compensation, loss or injury resulting from any Hazardous Materials (the matters set forth in clauses (a) and (b) above hereinafter referred to a "Hazardous Materials Claims"); and (c) Trustor's discovery of any occurrence or condition on any real property adjoining or in the vicinity of the Property that could cause the Property or any part thereof to be classified as "border-zone property" under the provision of California Health and Safety Code, Sections 25220 et seq. or any regulation

Attachment E

81


adopted in accordance therewith, or to be otherwise subject to any restrictions on the ownership, occupancy, transferability or use of the Property under any Hazardous Materials Law.

Section 6.3 Beneficiary Right to Participate; Indemnification of Beneficiary. Beneficiary shall have the right to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims and to have its reasonable attorneys' fees in connection therewith paid by Trustor. Trustor shall indemnify and hold harmless Beneficiary and its councilmembers, supervisors, directors, officers, employees, agents, successors and assigns from and against any loss, damage, cost, expense or liability directly or indirectly arising out of or attributable to the use, generation, storage, release, threatened release, discharge, disposal, or presence of Hazardous Materials on, under, or about the Property including without limitation: (a) all foreseeable direct damages; (b) the costs of any required or necessary repair, cleanup or detoxification of the Property and the preparation and implementation of any closure, remedial or other required plans; and (c) all reasonable costs and expenses incurred by Beneficiary in connection with clauses (a) and (b), including but not limited to reasonable attorneys' fees.

Section 6.4 Remedial Action. Without Beneficiary's prior written consent, which shall not be unreasonably withheld, Trustor shall not take any remedial action in response to the presence of any Hazardous Materials on, under or about the Property, nor enter into any settlement agreement, consent decree, or other compromise in respect to any Hazardous Material Claims, which remedial action, settlement, consent decree or compromise might, in Beneficiary's reasonable judgment, impair the value of Beneficiary's security hereunder; provided, however, that Beneficiary's prior consent shall not be necessary in the event that the presence of Hazardous Materials on, under, or about the Property either poses an immediate threat to the health, safety or welfare of any individual or is of such a nature that an immediate remedial response is necessary and it is not reasonably possible to obtain Beneficiary's consent before taking such action, provided that in such event Trustor shall notify Beneficiary as soon as practicable of any action so taken. Beneficiary agrees not to withhold its consent, where such consent is required hereunder, if either (a) a particular remedial action is ordered by a court of competent jurisdiction, (b) Trustor will or may be subjected to civil or criminal sanctions or penalties if it fails to take a required action; (c) Trustor establishes to the reasonable satisfaction of Beneficiary that there is no reasonable alternative to such remedial action which would result in less impairment of Beneficiary's security hereunder; or (d) the action has been agreed to by Beneficiary.

Section 6.5 Trustor Representations and Warranties. Trustor hereby acknowledges and agrees that (a) this Article is intended as Beneficiary's written request for information (and Trustor's response) concerning the environmental condition of the Property as required by California Code of Civil Procedure Section 726.5, and (b) each representation and warranty in this Deed of Trust or any of the other Loan Documents (together with any indemnity applicable to a breach of any such representation and warranty) with respect to the environmental condition of the property is intended by Beneficiary and Trustor to be an "environmental provision" for purposes of California Code of Civil Procedure Section 736.

Attachment E

82


ARTICLE 7: EVENTS OF DEFAULT AND REMEDIES

Section 7.1 Events of Default. The following shall constitute an "Event of Default": (a) failure, after expiration of applicable notice and cure periods, to make any payment to be paid by Trustor under the Loan Documents; (b) failure, after expiration of applicable notice and cure periods, to observe or perform any of Trustor's other covenants, agreements or obligations under the Loan Documents, including, without limitation, the provisions concerning discrimination; or (c) failure, after expiration of applicable notice and cure periods, to make any payment or perform any of Trustor's other covenants, agreements, or obligations under any other debt instruments or regulatory agreement secured by the Property; which default shall not be cured within the times and in the manner provided therein.

Section 7.2 Acceleration of Maturity. If an Event of Default shall have occurred and be continuing, then at the option of Beneficiary, the amount of any payment related to the Event of Default and the unpaid Principal and Interest of the Note shall immediately become due and payable, upon written notice by Beneficiary to Trustor (or automatically where so specified in the Loan Documents), and no omission on the part of Beneficiary to exercise such option when entitled to do so shall be construed as a waiver of such right.

Section 7.3 Beneficiary's Right to Enter and Take Possession. If an Event of Default shall have occurred and be continuing, Beneficiary may:

(a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court, and without regard to the adequacy of its security, enter upon the Security and take possession thereof (or any part thereof) and of any of the Security, in its own name or in the name of Trustee, and do any acts which it deems necessary or desirable to preserve the value or marketability of the Property, or part thereof or interest therein, increase the income therefrom or protect the security thereof. The entering upon and taking possession of the Security shall not cure or waive any Event of Default or Notice of Default (as defined below) hereunder or invalidate any act done in response to such Default or pursuant to such Notice of Default and, notwithstanding the continuance in possession of the Security, Beneficiary shall be entitled to exercise every right provided for in this Deed of Trust, or by law upon occurrence of any Event of Default, including the right to exercise the power of sale;

(b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, or specifically enforce any of the covenants hereof;

(c) Deliver to Trustee a written declaration of default and demand for sale, and a written notice of default and election to cause Trustor's interest in the Security to be sold ("Notice of Default and Election to Sell"), which notice Trustee or Beneficiary shall cause to be duly filed for record in the Official Records of San Joaquin County; or

(d) Exercise all other rights and remedies provided herein, in the instruments by which Trustor acquires title to any Security, or in any other document or agreement now or hereafter evidencing, creating or securing all or any portion of the obligations secured hereby, or provided by law.

Attachment E

83


Section 7.4 Foreclosure by Power of Sale. Should Beneficiary elect to foreclose

by exercise of the power of sale herein contained, Beneficiary shall give notice to Trustee ("Notice of Sale") and shall deposit with Trustee this Deed of Trust which is secured hereby (and the deposit of which shall be deemed to constitute evidence that the unpaid Principal and Interest is immediately due and payable), and such receipts and evidence of any expenditures made that are additionally secured hereby as Trustee may require.

(a) Upon receipt of such notice from Beneficiary, Trustee shall cause to be recorded, published and delivered to Trustor such Notice of Default and Election to Sell as then required by law and by this Deed of Trust. Trustee shall, without demand on Trustor, after lapse of such time as may then be required by law and after recordation of such Notice of Default and Election to Sell and after Notice of Sale having been given as required by law, sell the Security, at the time and place of sale fixed by it in said Notice of Sale, whether as a whole or in separate lots or parcels or items as Trustee shall deem expedient and in such order as it may determine unless specified otherwise by Trustor according to California Civil Code Section 2924g(b), at public auction to the highest bidder, for cash in lawful money of the United States payable at the time of sale. Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or deeds conveying the property so sold, but without any covenant or warranty, express or implied. The recitals in such deed or any matters of facts shall be conclusive proof of the truthfulness thereof. Any person, including, without limitation, Trustor, Trustee or Beneficiary, may purchase at such sale, and Trustor hereby covenants to warrant and defend the title of such purchaser or purchasers.

(b) After deducting all reasonable costs, fees and expenses of Trustee, including costs of evidence of title in connection with such sale, Trustee shall apply the proceeds of sale to payment of: (i) the unpaid Principal and Interest under the Note; (ii) all other amounts owed to Beneficiary under the Loan Documents; (iii) all other sums then secured hereby; and (iv) the remainder, if any, to Trustor.

(c) Trustee may postpone sale of all or any portion of the Property by public announcement at such time and place of sale, and from time to time thereafter, and without further notice make such sale at the time fixed by the last postponement, or may, in its discretion, give a new Notice of Sale.

Section 7.5 Receiver. If an Event of Default shall have occurred and be continuing, Beneficiary, as a matter of right and without further notice to Trustor or anyone claiming under the Security, and without regard to the then value of the Security or the interest of Trustor therein, shall have the right to apply to any court having jurisdiction to appoint a receiver or receivers of the Security (or a part thereof), and Trustor hereby irrevocably consents to such appointment and waives further notice of any application therefor. Any such receiver or receivers shall have all the usual powers and duties of receivers in like or similar cases, and all the powers and duties of Beneficiary in case of entry as provided herein, and shall continue as such and exercise all such powers until the date of confirmation of sale of the Security, unless such receivership is sooner terminated.

Section 7.6 Remedies Cumulative. No right, power or remedy conferred upon or reserved to Beneficiary by this Deed of Trust is intended to be exclusive of any other right,

Attachment E

84


power or remedy, but each and every such right, power and remedy shall be cumulative and concurrent and shall be in addition to any other right, power and remedy given hereunder or now or hereafter existing at law or in equity.

Section 7.7 No Waiver.

(a) No delay or omission of Beneficiary to exercise any right, power or remedy accruing upon any Event of Default shall exhaust or impair any such right, power or remedy, or shall be construed to be a waiver of any such Event of Default or acquiescence therein; and every right, power and remedy given by this Deed of Trust to Beneficiary may be exercised from time to time and as often as may be deemed expeditious by Beneficiary. No consent or waiver, expressed or implied, by Beneficiary to or any breach by Trustor in the performance of the obligations hereunder shall be deemed or construed to be a consent to or waiver of obligations of Trustor hereunder. Failure on the part of Beneficiary to complain of any act or failure to act or to declare an Event of Default, irrespective of how long such failure continues, shall not constitute a waiver by Beneficiary of its right hereunder or impair any rights, power or remedies consequent on any Event of Default by Trustor.

(b) If Beneficiary (i) grants forbearance or an extension of time for the payment of any sums secured hereby, (ii) takes other or additional security or the payment of any sums secured hereby, (iii) waives or does not exercise any right granted in the Loan Documents, (iv) releases any part of the Security from the lien of this Deed of Trust, or otherwise changes any of the terms, covenants, conditions or agreements in the Loan Documents, (v) consents to the granting of any easement or other right affecting the Security, or (iv) makes or consents to any agreement subordinating the lien hereof, any such act or omission shall not, except by its express terms, release, discharge, modify, change or affect the original liability under this Deed of Trust, or any other obligation of Trustor or any subsequent purchaser of the Security or any part thereof, or any maker, co-signer, endorser, surety or guarantor (unless expressly released); nor, except by its express terms, shall any such act or omission preclude Beneficiary from exercising any right, power or privilege herein granted or intended to be granted in any Event of Default then made or in any subsequent Event of Default, nor, except as otherwise expressly provided in an instrument or instruments executed by Beneficiary shall the lien of this Deed of Trust be altered thereby.

Section 7.8 Suits to Protect the Security. Beneficiary shall have power to (a) institute and maintain such suits and proceedings as it may deem expedient to prevent any impairment of the Security and the rights of Beneficiary as may be unlawful or any violation of this Deed of Trust, (b) preserve or protect its interest (as described in this Deed of Trust) in the Security, and (c) restrain the enforcement of or compliance with any legislation or other governmental enactment, rule or order that may be unconstitutional or otherwise invalid, if the enforcement for compliance with such enactment, rule or order would impair the Security thereunder or be prejudicial to the interest of Beneficiary.

Section 7.9 Trustee May File Proofs of Claim. In the case of any receivership, insolvency, bankruptcy, reorganization, arrangement, adjustment, composition or other proceedings affecting Trustor, its creditors or its property, Beneficiary, to the extent permitted by law, shall be entitled to file such proofs of claim and other documents as may be necessary or advisable in order to have the claims of Beneficiary allowed in such

Attachment E

85


proceedings and for any additional amount which may become due and payable by Trustor hereunder after such date.

Section 7.10 Waiver. Trustor waives presentment, demand for payment, notice of dishonor, notice of protest and nonpayment, protest, notice of interest on interest and late charges, and diligence in taking any action to collect any sums owing under the Note or in proceedings against the Security, in connection with the delivery, acceptance, performance, default, endorsement or guaranty of this Deed of Trust.

ARTICLE 8: MISCELLANEOUS

Section 8.1 Amendments. This instrument cannot be waived, changed,

discharged or terminated orally, but only by an instrument in writing signed by Beneficiary and Trustor.

Section 8.2 Reconveyance by Trustee. Upon written request of Beneficiary stating that all sums secured hereby have been paid or forgiven, and upon surrender of this Deed of Trust to Trustee for cancellation and retention, and upon payment by Trustor of Trustee's reasonable fees, Trustee shall reconvey the Security to Trustor, or to the person(s) legally entitled thereto.

Section 8.3 Notices. If at any time after the execution of this Deed of Trust it shall become necessary or convenient for one of the parties hereto to serve any notice, demand or communication upon the other party, such notice, demand or communication shall be in writing and shall be served personally or by depositing the same in the registered United States mail, return receipt requested, postage prepaid and (a) if intended for Beneficiary shall be addressed to:

City of Stockton Economic Development Department 425 North El Dorado Street, 3rd Floor Stockton, CA 95202 Attention: Director With copies to: Office of the City Attorney 425 North El Dorado Street Stockton, CA 95202 and (b) if intended for Trustor shall be addressed to: Visionary Home Builders California, Inc.

315 North San Joaquin Street Stockton, CA 95202 Attn: Executive Director

Attachment E

86


Any notice, demand or communication shall be deemed given, received, made or communicated on the date personal delivery is effected or, if mailed in the manner herein specified, on the delivery date or date delivery is refused by the addressee, as shown on the return receipt. Either party may change its address at any time by giving written notice of such change to Beneficiary or Trustor as the case may be, in the manner provided herein, at least ten (10) days prior to the date such change is desired to be effective.

Section 8.4 Successors and Joint Trustors. Where an obligation is created herein binding upon Trustor, the obligation shall also apply to and bind any transferee or successors in interest. Where the terms of the Deed of Trust have the effect of creating an obligation of Trustor and a transferee, such obligation shall be deemed to be a joint and several obligation of Trustor and such transferee. Where Trustor is more than one entity or person, all obligations of Trustor shall be deemed to be a joint and several obligation of each and every entity and person comprising Trustor.

Section 8.5 Captions. The captions or headings at the beginning of each Section hereof are for the convenience of the parties and are not a part of this Deed of Trust.

Section 8.6 Invalidity of Certain Provisions. Every provision of this Deed of Trust is intended to be severable. In the event any term or provision hereof is declared to be illegal or invalid for any reason whatsoever by a court or other body of competent jurisdiction, such illegality or invalidity shall not affect the balance of the terms and provisions hereof, which terms and provisions shall remain binding and enforceable. If the lien of this Deed of Trust is invalid or unenforceable as to any part of the debt, or if the lien is invalid or unenforceable as to any part of the Security, the unsecured or partially secured portion of the debt, and all payments made on the debt, whether voluntary or under foreclosure or other enforcement action or procedure, shall be considered to have been first paid or applied to the full payment of that portion of the debt which is not secured or partially secured by the lien of this Deed of Trust.

Section 8.7 Governing Law. This Deed of Trust shall be governed by and construed in accordance with the laws of the State of California.

Section 8.8 Gender and Number. In this Deed of Trust the singular shall include the plural and the masculine shall include the feminine and neuter and vice versa, if the context so requires.

Section 8.9 Deed of Trust, Mortgage. Any reference in this Deed of Trust to a mortgage shall also refer to a deed of trust and any reference to a deed of trust shall also refer to a mortgage.

Section 8.10 Actions. Trustor agrees to appear in and defend any action or proceeding purporting to affect the Security.

Section 8.11 Substitution of Trustee. Beneficiary may from time to time substitute a successor or successors to any Trustee named herein or acting hereunder to execute this Trust. Upon such appointment, and without conveyance to the successor trustee, the latter shall be vested with all title, powers, and duties conferred upon any Trustee herein named or acting hereunder. Each such appointment and substitution shall be made by written

Attachment E

87


instrument executed by Beneficiary, containing reference to this Deed of Trust and its place of record, which, when duly recorded in the proper office of the county or counties in which the Property is situated, shall be conclusive proof of proper appointment of the successor trustee.

Section 8.12 Acceptance by Trustee. Trustee accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made public record as provided by law. Except as otherwise provided by law Trustee is not obligated to notify any party hereto of pending sale under this Deed of Trust or of any action of proceeding in which Trustor, Beneficiary, or Trustee shall be a party unless brought by Trustee. IN WITNESS WHEREOF, Trustor has executed this Deed of Trust as of the day and year first above written. TRUSTOR:

VISIONARY HOME BUILDERS OF CALIFORNIA, INC., a California nonprofit corporation By:

CAROL ORNELAS EXECUTIVE DIRECTOR APPROVED AS TO FORM: JOHN LUEBBERKE CITY ATTORNEY By ___________________________

Attachment E

88

A-1

STATE OF CALIFORNIA ) ) COUNTY OF SAN JOAQUIN )

On , 2013, before me, , a Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the persons(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature __________________________________ (Seal)

Attachment E

89

A-2

EXHIBIT A

LEGAL DESCRIPTION OF THE PROPERTY

The land referred to is situated in the County of San Joaquin, City of Stockton, State of California, and is described as follows: Lots 13 and 14 in Block 141, East of Center Street, in the City of Stockton, according to the Official Map thereof, San Joaquin County Records. APN: 139-194-16

Attachment E

90

12.5 13-0907 AWARD CONSTRUCTION CONTRACT TO STOCKTON FENCE AND MATERIALS COMPANY, INC. FOR ELECTRIC POWER GATES AT FIRE STATIONS #2 AND #4, PROJECT NO. 13-22 RECOMMENDATION It is recommended that the City Council approve a motion that adopts the specifications, and authorizes the City Manager to execute a Construction Contract in the amount of $39,698 to Stockton Fence and Materials Company, Inc., of Stockton, CA, for the Electric Power Gates at Fire Stations #2 and #4, Project No. 13-22. Department: Public Works

91

City of Stockton

Legislation Text


AWARD CONSTRUCTION CONTRACT TO STOCKTON FENCE AND MATERIALS COMPANY,INC. FOR ELECTRIC POWER GATES AT FIRE STATIONS #2 AND #4, PROJECT NO. 13-22

RECOMMENDATION

It is recommended that the City Council approve a motion that adopts the specifications, andauthorizes the City Manager to execute a Construction Contract in the amount of $39,698 to StocktonFence and Materials Company, Inc., of Stockton, CA, for the Electric Power Gates at Fire Stations #2and #4, Project No. 13-22.

Summary

The Electric Power Gates at Fire Stations #2 and #4 project will provide improved ingress/egress andaddress security concerns at both locations. The scope of the project includes replacing existingchain link gates with automatic wrought iron gates equipped with access control. Staff recommendsapproval of the specifications and award of the Construction Contract to the low bidder, StocktonFence and Materials Company, Inc., in the amount of $39,698.

DISCUSSION

Background

The Electric Power Gates at Fire Stations #2 and #4 project will provide improved ingress/egress andaddress security concerns at both stations (Attachment A). The Fire Station Repairs andImprovements project is included in the 2013-2018 Capital Improvement Program (CIP) and fiscalyear (FY) 2013-14 budget, approved by Council on June 25, 2013 (Resolution 2013-06-25-1601-01).

Fire Station #2 is located at 110 West Sonora Street. The preferred fire truck access to the site is viathe Commerce Street driveway. However, this access has a manual gate which has to remainclosed and locked due to security concerns. The existing gate is difficult to unlock and open. Analternative access that has an automatic gate is designed for smaller vehicles and is not suitable forfire truck access. The project will remove the old manual chain link gate from the Commerce Streetdriveway, and install an automatic wrought iron rolling gate with access control that can be activatedby the Opticom-Strobe System already installed on the fire apparatus.

Fire Station #4 is located at 5525 Pacific Avenue on the north east border of San Joaquin DeltaCollege. The fire station presently has a manual gate on the driveway leading to the rear of theproperty where vehicles, the station’s fuel tank, and other equipment are located. There areconcerns with security and safety due to uncontrolled access to the rear of the property. Thisdriveway is shared by various vehicles, including the apparatus returning from calls, and locking ofthe existing manual gate is not practical. The project will replace the existing manual chain link gate




with a double automatic wrought iron gate with access control. A keypad will be installed to allowaccess to vehicles not equipped with the Opticom-Strobe System.

Present Situation

On Thursday, October 3, 2013, two sealed bids were opened with the following results:

CONTRACTOR’S NAME ADDRESS TOTAL BIDStockton Fence and Materials Company, Inc. Stockton, CA $39,698Golden Bay Fence Plus Iron Works, Inc. Stockton, CA $54,214Engineer’s Estimate $36,978

The bid from the lowest responsive bidder, Stockton Fence and Materials Company, Inc., in theamount of $39,698, is regular in all respects, meets the City’s requirements, and includes the properlicensing. Staff recommends awarding the Construction Contract to Stockton Fence and MaterialsCompany, Inc. in the amount of $39,698 (Attachment B).

FINANCIAL SUMMARY

The Electric Power Gates at Fire Stations #2 and #4 project is part of a larger Citywide projectentitled “Fire Station Repairs and Improvements” included in the approved FY 2013-14 CIP. A totalof $63,000 in General Fund (Account No. 301-3091-640) money was approved for the larger project.Of this amount, up to $35,000 is available for the Electric Power Gates project. At $39,698, the bid ofStockton Fence and Materials Company, Inc. is higher than the original project estimate. Addingnecessary staff costs and contingencies/change order authority will bring the total cost up to $48,000.Discussions with Fire Department staff have resulted in the following proposal:

1. $35,000 in contract costs will be charged to the Citywide Fire Station Repairs andImprovements account, 301-3091-640, Project No. PW1322.

2. Remaining contract costs, all staff costs, and any miscellaneous project costs up to $13,000will be charged to Fire Department Suppression account, 010-2620-530/603, Project No.PW1322.

The City Manager is authorized to approve these and any other financial actions that are needed andappropriate to carry out the purpose and intent of this motion. The referenced $48,000 in Citywideand Fire Department General Funds have already been budgeted.

Attachment A - Vicinity MapAttachment B - Contract with Stockton Fence and Materials Company, Inc.



::ODMA\GRPWISE\COS.PW.PW_Library:210208

ATTACHMENT A

.., "' ~

(>

~ (0

~~/

Seaoon

w~ 'C. S'lla\1\

Fire Station #4 5525 Pacific Ave.

z

J I

!!! 0 9,

"' 0. 0

~

(

~~ ~

Pacific

Navy Dr

•

1'. McAllen Ret

~ Oakmoore r.:· . .if

Golf Course ~ g -~ ~

<'

Oak Park • AugU~I

\!1 Gianone

Park

"----.Fire Station #2 110 W. Sonora St.

e. c,"!\a!\ef wo\ (/1 (l ~-')!.

I ""3" t ~ ~ ~C"~'\el ~- ~ t ~\'!\ S\

"' a ... t{i. ~ Kennedy if>

'1'1 '0\1'\ $\ (• 0.. W Bth St

..,

"" McKmley ~ Park

~'~e ~ ?Jl\'9'(\ ~013 Google- Map data ®2013 Google

VICINITY MAP

94

ATTACHMENT B

CONSTRUCTION CONTRACT

This contract is made and entered into on , by and between

STOCKTON FENCE AND MATERIAL COMPANY, INC., a CORPORATION, with a

business address at 2007 N. WILSON WAY, STOCKTON, CA 95205, hereinafter called

"CONTRACTOR," and CITY OF STOCKTON, a municipal corporation, hereinafter called

"CITY."

W I T N E S S E T H:

WHEREAS, plans and specifications for the construction of ELECTRIC POWER

GATES AT FIRE STATIONS #2 AND #4 (PROJECT NO. 13·22), hereinafter called

"PROJECT," were regularly adopted by Council Motion No. ________ , on

________ ,;and

WHEREAS, the contract for said work was regularly awarded to CONTRACTOR, by

Council Motion No. ________ , on ________ .

NOW, THEREFORE, in consideration of the premises and of the mutual covenants

herein contained, the parties hereto expressly agree as follows:

1. CONTRACTOR agrees:

(a) 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 therefore regularly adopted on ______ , by Council Motion No.

--------·· The "contract documents," which include the bid documents,

projectplans, specifications, all.letters of clarmcation, and the City of Sto.ckton 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.

(b) 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.

Construction Contract- STOCKTON FENCE AND MATERIAL COMPANY, INC.- PROJECT NO. 13-22 1 95

ATTACHMENT B

(c) CONTRACTOR shall provide insurance as set forth in Exhibit "B",

which is attached to this contract and incorporated by this reference, and as provided in the

"contract documents" including Section 7-1.12 of the City of Stockton Standard

Specifications and Plans as adopted on November 25, 2003, by Council Resolution No.

03-0707, effective December 1, 2003.

Before permitting any subcontractors to perform work under the

contract, CONTRACTOR shall require subcontractors to furnish satisfactory proof that

insurance has been issued and is maintained similar to that provided by CONTRACTOR as

may be applied to each subcontractor's work.

Contractor shall defend, indemnify, and hold harmless City, its officers,

officials, employees, and volunteers from and against all claims, damages, losses, and

expenses, including attorney fees arising out of the performance of the work described

herein, caused in whole or in part by any negligent act or omission of Contractor, any sub

contractor, anyone directly or indirectly employed by anyofthem, or anyone for whose acts

any of them may be liable, except where caused by the active negligence, sole negligence,

or willful misconduct of the City.

(d) The performance of said work and the furnishing of said materials shall

be executed in accordance with Section 8-1.03 of the City of Stockton Standard

Specifications and Plans as adopted on November 25, 2003, by Council Resolution No.

03-0707, effective December 1, 2003, and the provisions of the issued project

specifications.

The Director will furnish CONTRACTOR a weekly statement showing

the number of days charged to the contract for the preceding week, the number of days

specified for completion of the contract, and the number of days remaining to complete the

contract. CONTRACTOR will be allowed one (1) week in which to file a written protest

setting forth in what respects said weekly statement is incorrect, otherwise the statement

shall be deemed to have been accepted by CONTRACTOR as correct.

It is agreed by the parties to the contract that in case all the work

called for under the contract in all parts and requirements, is not finished or completed

within the number of days as set forth, damage will be sustained by the CITY, and that it is

and will be impracticable and extremely difficult to ascertain the actual damage which CITY

Construction Contract- STOCKTON FENCE AND MATERIAL COMPANY, INC.- PROJECT NO. 13-22 2

96

ATTACHMENT B

will sustain in the event of and by reason of such delay; and it is therefore agreed that

CONTRACTOR will pay to CITY the sum of FIVE HUNDRED AND N0/100 DOLLARS

($500.00) per day for each and every calendar day's delay in finishing the work in excess

of the number of days prescribed; and CONTRACTOR agrees to pay said liquidated

damages as herein provided, and in case the same are not paid, agrees that CITY, may

deduct the amount thereof from any monies due or that may become due CONTRACTOR

under the contract.

It is further agreed that in case the work called for under the contract is

not finished and completed in all parts and requirements within the number of days as

specified, the CITY shall have the right to increase the number of days or not, as may

seem best to serve the interest of CITY, and if the CITY decides to increase the said

number of days, the CITY shall further have the right to charge to CONTRACTOR.

CONTRACTOR's heirs, assigns or sureties, and to deduct from the final payment for the

work, all or any part, as may be deemed proper, the liquidated damages as specified or the

actual cost of engineering, inspection, superintendence, and other overhead expenses

which are directly chargeable to the contract, and which accrue during the period of such

extension, whichever is greater, except the cost of final surveys and preparation of final

estimate shall not be included in such charges.

A working day shall not include, nor shall CONTRACTOR be assessed

with liquidated damages nor the additional cost of engineering and inspection during any

delay beyond the time named for the completion of the work caused by acts of God or of

the public enemy, acts of CITY, fire, floods, epidemics, quarantine restrictions, strikes, and

freight embargoes and subject to approval by the Director, inability to get materials ordered

by CONTRACTOR or subcontractor due to such causes provided that CONTRACTOR

shall notify the Director in writing of the causes of delay within five (5) working days from

the beginning of any such delay, and the Director shall ascertain the facts and the extent of

the delay, and Director's findings of the facts thereon shall be final and conclusive.

If CONTRACTOR is delayed by reason of alterations made in these

specifications, or by any act of the Director or of the CITY, not contemplated by the

contract, the time of completion shall be extended proportionately and CONTRACTOR

shall be relieved during the period of such extension of any claim for liquidated damages,


ATTACHMENT B

engineering or inspection charges or other penalties. CONTRACTOR shall have no claim

for any other compensation for any such delay.

(e) To conform strictly with the provisions of Division 2, Part 7, Chapter1,

Article 2, of the Labor Code of the State of California.

To forfeit as a penalty to CITY the sum of TWENTY-FIVE AND

N0/100 DOLLARS ($25.00) for each laborer, worker, or mechanic employed by

CONTRACTOR, or by any subcontractor under CONTRACTOR, in the execution of this

contract, for each calendar day during which any laborer, worker, or mechanic is required

or permitted to work more than eight (8) hours and who is not paid the general prevailing

rate of per diem wages for holiday and overtime work in violation of the provisions of

Sections 1770 to 1781 of the Labor Code of the State of California.

(f) That all sums forfeited under the provisions of the foregoing sections

shall be deducted from the payments to be made under the terms of this contract.

(g) CONTRACTOR and any subcontractor shall pay each employee

engaged in the trade or occupation not less than the prevailing hourly wage rate. In

accordance with the provisions of Section 1770 of the Labor Code, the Director of

Department of Industrial Relations of the State of California has determined the general

prevailing rates of wages and employer payments for health and welfare, pension,

vacation, travel time, and subsistence pay as provided for in Section 1773.1,

apprenticeship or other training programs authorized by Section 3093 and similar purposes

applicable to the work to be done. CONTRACTOR performing the work under this contract

shall obtain a copy of the wage rate determination and shall distribute copies to each

subcontractor. As the wage determination for each craft reflects an expiration date, it shall

be the prime CONTRACTOR and each subcontractor's responsibility to insure that the

prevailing wage rates of concern is current and paid to the employee.

2. CITY agrees:

(a) To pay CONTRACTOR for the work herein contemplated in the

following manner: Progress payments will be made on or about the first day of each

calendar month, in such sum as shall make the aggregate of payment up to such day

equal to ninety-five percent (95%) ofthe proportional contract price, upon the basis of the

progress certificate of the Director of Public Works as to the amount of work done and the


ATTACHMENT B

proportional amount of the contract price represented therefore; and all of the remaining

part of the contract price not as aforesaid paid, shall be paid at the expiration of thirty-five

(35) days from the completion of said work of construction and the certification by the

Director of Public Works of such completion.

(b) Pursuant to Section 22300 of the Public Contract Code, the contractor

will be permitted, at its request and sole expense, to substitute securities for any monies

withheld by the CITY to ensure performance under the contract. Said securities will be

deposited either with the CITY or with a state or federally chartered bank as escrow agent.

Securities eligible for this substitution are those listed in Section 16430 of the California

Government Code or bank or savings and loan certificates of deposit. The CONTRACTOR

shall be the beneficial owner of any securities substituted for monies withheld and shall

receive any interest thereon.

3. CHANGE ORDERS:

CITY reseNes the right to make such alterations, deviations, additions to or

omissions from the plans and specifications, including the right to increase or decrease the

quantity of any item or portion of the work, as may be deemed by the Engineer to be

necessary or advisable and to require such extra work as may be determined by the

Engineer to be required for the proper completion or construction of the whole work

contemplated.

Any such changes will be set forth in a contract change order which will

specify, in addition to the work done in connection with the change made, adjustment of

contract time, if any, and the basis of compensation for such work. A contract change

order will not become effective until approved by the City Manager and/or the City Council.

Processing of change orders shall be in accordance with Section 4-1.03 of

the City of Stockton Standard Specifications and Plans as adopted by Council on

November 25, 2003, by Resolution No. 03-0707, effective December 1, 2003, except that

the $23,578 limit shown in Section 4-1.03 shall be increased to $32,123. When the

compensation for an item of work is subject to adjustment under the provisions of Standard

Specifications and Plans, Section 4-1.03, CONTRACTOR shall, upon request, promptly

furnish the Engineer with adequate detailed cost data for such item of work.


ATTACHMENT B

4. AUDITS:

(a) CITY reserves the right to periodically audit all charges made by

CONTRACTOR to CITY for services under the contract. Upon request, CONTRACTOR

agrees to furnish CITY, or a designated representative, with necessary information and

assistance.

(b) CONTRACTOR agrees that CITY or its delegate will have the right to

review, obtain and copy all records pertaining to performance of the contract.

CONTRACTOR agrees to provide CITY or its delegate with any relevant information

requested and shall permit CITY or its delegate access to its premises, upon reasonable

notice, during normal business hours for the purpose of interviewing employees and

inspecting and copying such books, records, accounts, and other material that may be

relevant to a matter under investigation for the purpose of determining compliance with this

requirement. CONTRACTOR further agrees to maintain such records for a period of three

(3) years after final payment under the contract.

5. It is expressly understood and agreed by and between the parties hereto that

a waiver of any of the conditions of this contract shall not be considered a waiver of any of

the other conditions thereof.

Ill

Ill

Ill

Ill

Ill

Ill

Ill

Ill

Ill

Ill

Ill

Ill

Ill

Construction Contract- STOCKTON FENCE AND MATERIAL COMPANY, INC. -PROJECT NO. 13-22 6

100

ATTACHMENT B

6. It is further understood and agreed by and between the parties hereto that

time is of the essence of this contract in all respects.

IN WITNESS WHEREOF, the parties hereto have hereunto affixed their hands and

seals the day and year first above written.

ATTEST: BONNIE PAIGE CITY CLERK

By ______________________ __

APPROVED AS TO FORM & CONTENT: JOHN M. LUEBBERKE OFFICE OF THE CITY ATTORNEY

By: -==::-:-:=7:-:=:-==:-c:---DEPUTY CITY ATTORNEY

::ODMA\GRPWISE\COS.PW.PW_Library:210060.1

CITY

By __ ~~~~===---------CITY MANAGER

By:{,7fPULEJ i-fhl~ CONT- CTOR

1'-1-· ),;. 1¥31). Tax Identification No.


101

ATTACHMENT B

ELECTRIC POWER GATES AT FIRE STATIONS #2 & #4 PROJECT NO. 13-22

BIDDING SCHEDULE

EXHIBIT A

Bid should include all Contractor's overhead and profit and indirect costa. Bids not presented on City forms shall be cause for considering the bid as non-responsive. The City reserves the right to reject all bids.

Item Description Unit Quantity Total Price

Install eleclrlo power rolling gate with It 1/¥7, '"" 1 access control In conformance with the LS 1 work specifications end related

documents, at Fire Station #2,

Install electric power double swinging gate with access control in

2 conformance with the work LS 1 ~0~,.?5'/. ~ speolfloatlons and related documents, at Fire Station #4.

TOTAL BID .3'1 1}. '78. ~


102

ATTACHMENT B

EXHIBIT B INSURANCE REQUIREMENTS

CONTRACTORS

CONTRACTOR shall procure and maintain for the duration of the Agreement, insurance against all claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the CONTRACTOR, its agents, representatives, volunteers, or employees.

1. INSURANCE Throughout the life of this Contract, the Contractor shall pay for and maintain in full force and effect with an insurance company admitted by the California Insurance Commissioner to do business in the State of California and rated not less than "A: VII" in Best Insurance Key Rating Guide, the following policies of insurance:

A COMMERCIAL (BUSINESS) AUTOMOBILE LIABILITY insurance, endorsed for "any auto" with combined single limits of liability of not less than $1 ,000,000 each occurrence.

B. WORKERS' COMPENSATION insurance as required under the California Labor Code and Employers Liability Insurance with limits not less than $1,000,000 per accident/injury/disease.

C. COMMERCIAL OR COMPREHENSIVE GENERAL LIABILITY AND MISCELLANEOUS SUPPLEMENTARY INSURANCE;

FOR ADDITIONAL REQUIREMENT(S):

(i) COMMERCIAL OR COMPREHENSIVE GENERAL LIABILITY insurance which shall include Contractual Liability, Products and Completed Operations coverage's, Bodily Injury and Property Damage Liability insurance with combined single limits of not less than $1 ,000,000 per occurrence, and if written on an Aggregate basis, $2,000,000 Aggregate limit. Contractors with excavation and underground risks shall have coverage for and exclusions removed for "x, c, and u."

Deductibles and Self-Insured Retentions must be declared and are subject to approval by the CITY.

The Policy(s) shall also provide the following:

1 The Commercial General Liability insurance shall be written on ISO approved occurrence form with additional insured endorsement naming: City of Stockton, its Mayor, Council, officers, representatives, agents, employees and volunteers are additional insureds. ISO form CG 20 37 10 01 edition shall be used as the


103

ATTACHMENT B

Additional Insured Endorsement. This form must be used with either ISO form CG 201010 01, orCG 20 3310 01.

2. All insurance required by this Agreement shall be with a company acceptable to the CITY and issued and executed by an admitted insurer authorized to transact insurance business in the State of California. Unless otherwise specified by this Agreement, all such insurance shall be written on an occurrence basis, or, if the policy is not written on an occurrence basis, such policy with the coverage required herein shall continue in effect for a period of three years following the date CONTRACTOR completes its performance of services under this Agreement.

3. For any claims related to services or products provided under this contract, the Contractor's insurance coverage shall be primary insurance as respects the City of Stockton its officers, agents, and employees. Any coverage maintained by the CITY shall be excess of the Contractor's insurance and shall not contribute with it. Policy shall waive right of recovery (waiver of subrogation) against the CITY.

4. Each insurance policy required by this clause shall have a provision that coverage shall not be cancelled by either party, except after thirty (30) days' prior to written notice by certified mail, return receipt requested, has been given to the CITY. Further, the thirty (30) day notice shall be unrestricted, except for workers' compensation, or non-payment of premium, which shall permit ten (1 0) days advance notice. The insurer and/or the contractor and/or the contractor's insurance agent shall provide the CITY with notification of any cancellation, major change, modification or reduction in coverage.

5. Regardless of these contract minimum insurance requirements, the Contractor and its insurer shall agree to commit the Contractor's full policy limits and these minimum requirements shall not restrict the Contractor's liability or coverage limit obligations.

6. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the California Civil Code.

7. The Company shall furnish the City of Stockton with the Certificates and Endorsement for all required insurance, prior to the CITY's execution of the Agreement and start of work.


104

ATTACHMENT B

8. Proper address for mailing certificates, endorsements and notices shall be:

City of Stockton Attention: Risk Services 425 N. El Dorado Street Stockton, CA 95202

9. Upon notification of receipt by the CITY of a Notice of Cancellation, major change, modification, or reduction in coverage, the Contractor shall immediately file with the CITY a certified copy of the required new or renewal policy and certificates for such policy.

Any variation from the above contract requirements shall only be considered by and be subject to approval by the CITY's Risk Manager (209) 937-8617. Our fax is (209) 937-8558.

If at any time during the life of the Contract or any extension, the Contractor fails to maintain the required insurance in full force and effect, all work under the Contract shall be discontinued immediately. Any failure to maintain the required insurance shall be sufficient cause for the CITY to terminate this Contract.

If the Contractor should subcontract all or any portion of the work to be performed in this contract, the Contractor shall cover the sub-contractor, and/or require each sub-contractor to adhere to all subparagraphs of these Insurance Requirements section. Similarly, any cancellation, lapse, reduction or change of sub-contractor's insurance shall have the same impact as described above.

Construction Contract- STOCKTON FENCE AND MATERIAL COMPANY, INC.- PROJECT NO. 13-22

3

105

ATTACHMENT B

BOND FOR FAITHFUL PERFORMANCE

KNOW ALL MEN BY THESE PRESENTS:

That we, , a CORPORATION, as Principal

and , a corporation,

organized and existing under the laws of the State of and duly

authorized to transact business under the laws of the State of California, as Surety, are

held and firmly bound unto the City of Stockton, a municipal corporation, duly created and

existing under and by virtue of the laws of the State of California, as obligee, in the just and

full sum of THIRTY-NINE THOUSAND, SIX HUNDRED NINETY-EIGHT AND N0/100

DOLLARS ($39,698.00), in lawful money of the United States of America (being 100% of

the contract price) for the payment whereof well and truly to be made to the said CITY, the

said Principal and Surety bind themselves, their successors and assigns, jointly and

severally, firmly by these presents.

The condition of the foregoing obligation is such that the above bounded Principal

has simultaneously entered into a contract with the CITY, to do and perform the following

work, to wit:

ELECTRIC POWER GATES AT FIRE STATIONS #2 AND #4

(PROJECT NO. 13·22)

NOW, THEREFORE, if the above bounded Principal, CONTRACTOR, Company or

Corporation or its subcontractor, shall well and truly perform the work contracted to be

done under said contract, then this obligation to be null and void; otherwise to remain in full

force and effect.

No prepayment or delay in payment and no change, extension, addition or alteration

of any provision of said contract, or in said plans or specifications agreed to between the

said CONTRACTOR and the said CITY, and no forbearance on the part of the said CITY

shall operate to relieve any Surety or Sureties from liability on this bond, and consent by

said Surety is hereby given, and the said Surety hereby waives the provisions of Sections

2819 and 2845 of the Civil Code of the State of California.


1

106

ATTACHMENT B

SIGNED AND SEALED on, ______________ _

APPROVED AS TO SURETY: By ________ _

PRINCIPAL

SURETY APPROVED AS TO FORM & CONTENT: JOHN M. LUEBBERKE OFFICE OF THE CITY ATTORNEY

By _________ _ By __ ~~~------ATTORNEY-IN-FACT

DEPUTY CITY ATTORNEY

::ODMA\GRPWISEICOS.PW.PW_Libral)l:210060.1


2

107

ATTACHMENT B

BOND FOR LABOR AND MATERIAL

KNOW ALL MEN BY THESE PRESENTS:

That we, STOCKTON FENCE AND MATERIAL COMPANY, INC., a

CORPORATION, as Principal and---------------

corporation, organized and existing under the laws of the State of ______ and

duly authorized to transact business under the laws of the State of California, as Surety,

are held and firmly bound unto the City of Stockton, a municipal corporation, duly created

and existing under and by virtue of the laws of the State of California, and unto any and all

material suppliers, persons, companies, or corporations furnishing materials, provisions,

provender or other supplies used in, upon, for or about the performance of the work

contemplated to be executed or performed under the contract hereinafter mentioned, and

all persons, companies, or corporations renting or hiring teams, or implements of

machinery, for or contributing to said work and all persons who perform work or labor upon

the same, and all persons who supply both work and materials, and whose claims have not

been paid by the contractor, company or corporation in the just and full sum of THIRTY

NINE THOUSAND, SIX HUNDRED NINETY-EIGHT AND N0/1 00 DOLLARS ($39,698.00),

in lawful money of the United States of America (being 100% of the contract price) for the

payment whereof well and truly to be made to said City of Stockton and to said persons

jointly and severally, the said principal and Surety bind themselves, their successors and

assigns, jointly and severally, firmly by these presents.

The condition of the foregoing obligations is such that the above bounden Principal

has simultaneously entered into a contract of even date herewith, with the CITY, to do and

perform the following work, to-wit:

ELECTRIC POWER GATES AT FIRE STATIONS #2 AND #4

{PROJECT NO. 13-22)

NOW, THEREFORE, if the above bounden Principal, CONTRACTOR, Company or

Corporation or its subcontractor, fail to pay for all materials, provisions, provender, or other

supplies, or teams, used in, upon, for or about the performance of the work contracted to


3

108

ATTACHMENT B

be done, orforanywork orlabordonethereon of any kind, the Surety on this bond will pay

the same, in an amount not exceeding the sum specified in this bond, provided that any

and all claims hereunder shall be filed and proceedings had in connection therewith as

required by the provisions of Division 3, Part 4, Title 15, Chapter 5, Article 1 of the Civil

Code of California, provided that in case suit is brought upon this bond, a reasonable

attorney's fee shall be awarded by the Court to the prevailing party in said suit; said

attorney's fee to be fixed as costs in said suit, and to be included in the judgment therein

rendered.

No prepayment or delay in payment and no change, extension, addition or alteration

of any provision of said contract or in said plans or specifications agreed to between the

said CONTRACTOR and the said CITY and no forbearance on the part of the said CITY

shall operate to relieve any surety or sureties from liability on this bond, and consent to

make such alterations without further notice to or consent by any such surety is hereby

given, and the said sureties hereby waive the provisions of Sections 2819 and 2845 ofthe

Civil Code of the State of California.

SIGNED AND SEALED on ________________ _

APPROVED AS TO SURETY: By _____ ~~~~-------PRINCIPAL

SURETY APPROVED AS TO FORM & CONTENT: JOHN M. LUEBBERKE OFFICE OF THE CITY ATTORNEY By_-==-=-=:-:=-:---:-=-.,...----

ATTORNEY-IN-FACT

By~~~~~~==~~~ DEPUTY CITY ATTORNEY

::ODMAIGRPWISEICOS.PW.PW_Libral}l:210060.1


4

109

12.6 13-0968 2014 CITY COUNCIL/SUCCESSOR AGENCY/STOCKTON PUBLIC FINANCING AUTHORITY MEETING CALENDAR RECOMMENDATION It is recommended that the City Council, Successor Agency, and Stockton Public Financing Authority adopt by motion action the 2014 Concurrent City Council/Successor Agency/Stockton Public Financing Authority Meeting Calendar. Department: City Manager

110

City of Stockton

Legislation Text


2014 CITY COUNCIL/SUCCESSOR AGENCY/STOCKTON PUBLIC FINANCING AUTHORITYMEETING CALENDAR

RECOMMENDATION

It is recommended that the City Council, Successor Agency, and Stockton Public Financing Authorityadopt by motion action the 2014 Concurrent City Council/Successor Agency/Stockton PublicFinancing Authority Meeting Calendar.

DISCUSSION

Background

The City Council/Successor Agency/Stockton Public Financing Authority regularly meet at least twotimes a month on a Tuesday evening at 5:30 p.m. in the designated City Council Chambers.

Present Situation

With Council concurrence, regular Council meetings will be held on the following Tuesdays in 2014:

January 14 July 15January 28 July 29February 4 August 12February 25 August 26March 4 September 9March 18 September 23April 1 October 7April 15 October 21May 6 November 4May 20 November 18June 10 December 2June 24 December 16

This schedule is subject to change based on any revisions to the 9/80 schedule, or material changesbrought about by agreements with bargaining units regarding furloughs. Change to this schedulemay also occur as Council considers the need for special meetings or study sessions.

The attached Meeting Calendar (Attachment A) for 2014, which is also subject to change, depictsregular and special meetings, holidays and the existing 9/80 schedule.

FINANCIAL SUMMARY

There is no financial impact to the City of Stockton with this action.

Attachment A - 2014 Stockton City Council Meeting Calendar



June S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30

July S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 1 2 Aug

August S M T W T F S 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31

May S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31

January S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31

March S M T W T F S 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31

February S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 Mar

April S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30

October S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 1 Nov

November S M T W T F S 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30

December S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31

September S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30

2014 STOCKTON CITY COUNCIL MEETING CALENDAR

Holidays (box) Furloughs (triangle) Council meeting (circle) City Hall closed (every other Friday)

Budget Study Session (diamond) Possible Study Session (star) No Council meeting scheduled (slash) *Special meetings scheduled as needed

ATTACHMENT A

112

12.7 13-1000 APPROVE CITY-COUNTY COOPERATIVE AGREEMENT FOR BENJAMIN HOLT DRIVE AT PACIFIC AVENUE CROSSWALK INSTALLATION RECOMMENDATION It is recommended that the City Council approve a motion authorizing the City Manager to execute a Cooperative Agreement between the City of Stockton (City) and San Joaquin County (County) related to the City’s participation of $41,830 toward installation of a crosswalk on Pacific Avenue at Benjamin Holt Drive. Department: Public Works

113

City of Stockton

Legislation Text


APPROVE CITY-COUNTY COOPERATIVE AGREEMENT FOR BENJAMIN HOLT DRIVE ATPACIFIC AVENUE CROSSWALK INSTALLATION

RECOMMENDATION

It is recommended that the City Council approve a motion authorizing the City Manager to execute a CooperativeAgreement between the City of Stockton (City) and San Joaquin County (County) related to the City’s participation of$41,830 toward installation of a crosswalk on Pacific Avenue at Benjamin Holt Drive.

Summary

The County has an upcoming street improvement project that consists of widening Benjamin Holt Drive from GettysburgPlace to Pacific Avenue to add a two-way left-turn lane, frontage improvements, and a median immediately west ofPacific Avenue. The project also includes traffic signal modifications at the Gettysburg Place and Pacific Avenueintersections. The county’s jurisdiction ends at Pacific Avenue. The intersection of Benjamin Holt Drive and PacificAvenue is within the city limits.

In order to improve pedestrian accessibility across Pacific Avenue, City staff has requested that the County install a newcrosswalk along the south leg of Pacific Avenue at Benjamin Holt Drive as part of their project. The County has agreed,subject to approval of the attached Cooperative Agreement, to formalize the coordination and cost sharing details. TheCity and County will share in the costs associated with the crosswalk based on jurisdictional legs (3/4 city, 1/4 county).Pursuant to the subject Cooperative Agreement, the City’s actual cost shall not exceed ten percent above this amount($41,830), unless otherwise mutually agreed to between the City and County.

DISCUSSION

Background

Benjamin Holt Drive, between Gettysburg Place and Pacific Avenue, is located in an unincorporated pocket of the countywhich is bordered on all sides by the city (Attachment A). The Lincoln Center commercial shopping center frontsBenjamin Holt Drive on both sides of this section. The existing traffic volumes on Benjamin Holt Drive, combined with theproximity of Pacific Avenue and the numerous driveway accesses to Lincoln Center, result in significant vehicle queuingand congestion. The county’s jurisdiction ends at the west boundary of Pacific Avenue. The intersection of BenjaminHolt Drive and Pacific Avenue is within city limits.

The intersections at Gettysburg Place and Pacific Avenue are both signalized. The City maintains and operates both ofthese traffic signals. Costs to construct, maintain and operate signalized intersection improvements has generally beensplit between the County and the City based on the number of street legs entering the intersection expressed as apercentage. The City/County limit line is located along the west side of the Pacific Avenue/Benjamin Holt Intersection.Therefore, Benjamin Holt entering the intersection (west leg) is within the County’s jurisdiction. All other legs entering theintersection are within the City’s jurisdiction. Therefore, the cost is split based on one leg County (25 percent) and threelegs City (75 percent). Using Jurisdictional legs is a simplistic manner of recognizing and/or relating the amount of trafficvolume to/from the respective city and county areas surrounding a given traffic signal that benefit from using the trafficsignal. All legs of the Gettysburg Place/Benjamin Holt Drive traffic signal are located within the county, and the Countypays 100 percent of maintenance and operation of this signal.

Present Situation

The County has an upcoming street improvement project consisting of widening Benjamin Holt Drive from Gettysburg




Place to Pacific Avenue to include two lanes in each direction, a two-way left-turn lane, installation of newcurb/gutter/sidewalk, and signal modifications at the Gettysburg Place and Pacific Avenue intersections. The project alsoincludes a dedicated left-turn lane at both intersections, and a right-turn lane at the Pacific Avenue intersection. A narrowraised median will be installed from the Pacific Avenue intersection to just west of the middle shopping center drivewaysto restrict left ingress and egress at the middle and easternmost driveways. The County’s traffic signal modifications atthe Pacific Avenue intersection will provide more flexibility in signal operations or signal phasing. The existing signaloperations or phasing does not allow the installation of a southern crosswalk, primarily due to signal timing restrictions.Therefore, a crosswalk does not presently exist today. The County’s signal modifications will create additionaloperational capacity such that phasing revision can be made to include a southern crosswalk across the Pacific Avenueintersection.

County staff did not include a new crosswalk along the south leg of the Benjamin Holt Drive and Pacific Avenueintersection as part of their project. However, there is a high volume of pedestrian activity associated with thesurrounding commercial areas and nearby bus stops at this intersection. Currently, pedestrians are crossing along thesouth leg of the intersection without the benefits of a marked crosswalk and traffic signal protection. City staff requestedthe addition of the crosswalk to address pedestrian safety concern and provide better overall pedestrian accessibility.The County has agreed to install the proposed new crosswalk, subject to approval of a Cooperative Agreement toformalize the coordination and cost sharing details (Attachment B). The City and County will share in the costs associatedwith the crosswalk based on jurisdictional legs. In this instance, one quarter of the intersection is within the county, andthe cost will be prorated between the City and County on that basis. Specifically, the City will pay for 75 percent, and theCounty will pay for 25 percent, which is consistent with the method used for sharing operation and maintenance costs ofthe existing signal today.

Costs to design and construct the improvements associated with the crosswalk are estimated to be $50,700. The City’stotal estimated share of all crosswalk related costs is $38,025 (75 percent of total cost). Pursuant to the subjectCooperative Agreement, the City’s actual cost shall not exceed ten percent above this amount ($41,830), unlessotherwise mutually agreed to between the City and County.

In addition to the crosswalk improvements, the County will be constructing approximately $150,000 of improvements(signal modifications, corner improvements, etc.) within the city’s jurisdiction as part of this project. An encroachmentpermit for the required construction inspection fees will be issued to the County’s contractor for work within city right-of-way. The construction costs associated with the crosswalk will not be included in the calculation of the constructioninspection fees.

The plans, specifications, and estimates for the subject project are currently being finalized. Construction is tentativelyscheduled for summer 2014.

The Cooperative Agreement was approved by the County Board of Supervisors on October 22, 2013.

FINANCIAL SUMMARY

This opportunity and expense was not anticipated when the fiscal year 2013-14 Capital Improvement Program wasprepared; therefore, no budget exists. To remedy, staff proposes to access the Measure K Maintenance fund balance.Sufficient capacity is available, as that fund balance is projected to be $1.8 million on June 30, 2014, and this is the firstproposed use of that remaining fund balance in the current fiscal year. A project number has already been established,and the following transaction is recommended:

Appropriate to:

Benjamin Holt at Pacific Avenue CrosswalkAccount No. 082-3020-640 (PW 1331) $41,830

The City Manager is authorized to record the above-noted transaction, and to undertake additional financial actions asnecessary and appropriate to carry out the purpose and intent of the recommended motion.

Attachment A - Project Area MapAttachment B - City-County Cooperative Agreement




Land

D Parcel/City

D Parcel/County

O Condo

D Non-assess

Government

• Library

O School

• Hospital

• Church

O Park

• Golf Course

Streets

N Freeway

N Highway

N Maj Arterial

N Min Arterial

N Regular

N Private

,'_ ,· Railroad I i

Water

Attachment A- Vicin

I I I I I I ~ (6> I I I LINCOLN RD

LINCOLN ELEMENTARY

and Pro ect Limits

HUMPHRI COLLE(

116

ATTACHMENT B

A-13-

CITY-COUNTY COOPERATIVE AGREEMENT FOR THE BENJAMIN HOLT DRIVE IMPROVEMENT PROJECT

THIS AGREEMENT is made and entered into this day of _________ , 2013, by and between the COUNTY OF SAN JOAQUIN, a political subdivision of the State of California, hereinafter designated "COUNTY", and the CITY OF STOCKTON, a chartered city of the State of California, hereinafter 'designated "CITY".

WITNESSETH:

WHEREAS, the COUNTY has a project to widen Benjamin Holt Drive from Gettysburg Place to Pacific Avenue (herein referred to as "PROJECT"), which includes adding a fourth crosswalk at the Benjamin Holt Drive and Pacific Avenue intersection, hereinafter referred to as "CROSSWALK", with three legs of the intersection located with in CITY jurisdiction, and one leg located within COUNTY jurisdiction.

WHEREAS, it is the mutual desire of the CITY and COUNTY to enter into an AGREEMENT to include CROSSWALK in PROJECT.

NOW, THEREFORE, it is mutually agreed by and between CITY and COUNTY as follows:

1. COUNTY shall act as the lead agency and fiscal agent for PROJECT and shall perform all work necessary for construction of PROJECT.

2. COUNTY shall prepare contract documents, advertise, award , and administer the construction contract for PROJECT. The COUNTY and CITY shall cost-share all costs related to CROSSWALK, including design, construction and construction inspection, traffic signal improvements and relocation of red light enforcement camera equipment and associated vehicle detection. Costs are estimated to be $50,700.

a. CITY's share of CROSSWALK costs shall be three-fourths, and COUNTY's share shall be one-fourth, based on the jurisdictional legs of the intersection.

b. COUNTY will submit invoice to CITY (5) days after award of contract for three-fourths of contract items for CROSSWALK as well as CITY's share of design costs and construction inspection costs.

3. CITY's total estimated share of all CROSSWALK related cost is $38,025. CITY's actual cost shall not exceed ten (1 0) percent above this amount ($41,830), unless otherwise mutually agreed to between CITY and COUNTY.

4. In the event the acceptable bid amount for the CROSSWALK is more than $35,000, CITY and COUNTY will endeavor to agree upon an alternative course of action. If

117

ATTACHMENT B

after five (5) days, an alternative course of action is not agreed upon, then the CROSSWALK portion of the PROJECT will not be awarded.

5. COUNTY will not incur costs beyond the funding commitments in this AGREEMENT.

6. After sixty (60) days following completion of PROJECT and all work and incidentals thereto, COUNTY shall furnish CITY with a detailed statement of the actual cost of PROJECT to be borne by CITY. COUNTY thereafter shall refund CITY any amount of CITY's deposit required in Article 3 remaining after the actual cost has been deducted, or shall invoice CITY for any additional amount required to complete CITY's financial obligation pursuant to this AGREEMENT.

7. CITY will issue, upon proper application and payment of CITY encroachment permit fee plus CITY Street Construction Inspection fee (3.5% of construction costs), the encroachment permits required for work within CITY right of way to COUNTY, COUNTY's contractor, consultants and agents. The construction costs associated with CROSSWALK shall not be included in the calculation of the CITY Street Construction Inspection fee .

8. CITY shall provide information and consultation to COUNTY in a timely manner to facilitate PROJECT relative to portions in CITY's jurisdiction, at no cost to COUNTY.

9. Neither COUNTY nor any officer or employee thereof is responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by CITY and/or is agents under or in connection with any work, authority, or jurisdiction conferred upon CITY under this AGREEMENT. It is understood and agreed that CITY and/or its agents will fully defend, indemnify, and save harmless COUNTY and all of its officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY and/or its agents under this AGREEMENT.

10. Neither CITY nor any officer or employee thereof is responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by COUNTY and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon COUNTY under this AGREEMENT. It is understood and agreed that COUNTY and/or its agents will fully defend, indemnify, and save harmless CITY and all of its officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to , tortious, contractua l, inverse condemnation, or other theories or assertions of liability occurring by reason of anything done or omitted to be done by COUNTY and/or its agents under this AGREEMENT.

11 . If any provisions in this AGREEMENT are deemed to be, or are in fact, illegal, inoperative, or unenforceable, those provisions do not render any or all other AGREEMENT provisions invalid , inoperative, or unenforceable, and COUNTY and CITY will automatica lly sever those provisions from this AGREEMENT.

118

ATTACHMNENT B


12. This AGREEMENT shall terminate upon acceptance of the completed improvements for PROJECT by COUNTY. Indemnification, audit, claims, reimbursement, and replacement clauses shall remain in effect for an additional year after acceptance.

IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on the date and year first above written.

COUNTY OF SAN JOAQUIN, a political subdivision of the State of California

By:----------KEN VOGEL, Chairman

Board of Supervisors

ATTEST: MIMI DUZENSKI Clerk of the Board of Supervisors Of the County of San Joaquin, State of California

By:---------Deputy Clerk

RECOMMENDED FOR APPROVAL:

By:---------THOMAS M. GAU Director of Public Works


By:--------- -LAWRENCE P. MEYERS Deputy County Counsel

CITY OF STOCKTON, a chartered city of the State of California

By:----------City Manager

ATIEST:

By: ------- ----BONNIE PAIGE Clerk of the City of Stockton


By: _________ _

JOHN LUEBBERKE City Attorney

119

12.8 13-0976 APPROVAL OF MINUTES Motion approving the minutes of the October 22, 2013 City Council/ Successor Agency to the Redevelopment Agency/Public Financing Authority Concurrent meeting; and, minutes of the November 2, 2013 Special City Council Closed Session meeting. Department: City Clerk

120

City of Stockton

Legislation Text


APPROVAL OF MINUTES

Motion approving the minutes of the October 22, 2013 City Council/ Successor Agency to theRedevelopment Agency/Public Financing Authority Concurrent meeting; and, minutes of theNovember 2, 2013 Special City Council Closed Session meeting.



October 22, 201 3 ~ City Council/Successor Agency of the Redevelopment Agency/Public Financing Authority Concm: .. .

MINUTES CITY COUNCILISUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY/PUBLIC

FINANCING AUTHORITY CONCURRENT MEETING OF OCTOBER 22, 2013

CITY COUNCIL CHAMBERS, CITY HALL, STOCKTON, CALIFORNIA

1. CLOSED SESSION CALL TO ORDER/ROLL CALL (4:30 PM)

Note: Councilmember Tubbs arrived to Closed Session at 4:33p.m., Councilmember Berges Medina arrived to Closed Session at 4:36p.m.

2. ADDITIONS TO CLOSED SESSION AGENDA


3.1 13-0847 CONFERENCE WITH LEGAL COUNSEL- EXISTING UTIGATION

Number of Cases: Four

Name of Case: Wells Fargo Bank v. City of Stockton (San Joaquin County Superior Court Case No. 39-2012-00277662)

Name of Case: Wells Fargo Bank, National Association, as Indenture Trustee v . City of Stockton (San Joaquin County Superior Court Case No. 39-2012-002807 41)

Name of Case: In re City of Stockton, California - Debtor (United States Bankruptcy Court, Eastern District of California Case No. 2012-32118)

Name of Case: Richard Price, et al. v. City of stockton, Redevelopment Agency, et al. (United States District Court, Eastern District Case No. CIV.S-02-0065 LKK JFM)

This Closed Session is authorized pursuant to Section 54956.9(a) of the Government Code.


Agency Designated Representative: Bob Deis

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.

Page l of8 122

October 22, 201 3 - City Council/Successor Agency of the Redevelopment Agency/Public Financing Authority Concur. ..

3.3 13-0849 CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION

Number of Cases: Two Based on existing facts and circumstances, there is significant exposure to litigation pursuant to Government Code Section 54956.9(b).

3.4 13-0850 CONFERENCE WITH LEGAL COUNSEL- INITIATION OF LITIGATION

Number of Cases: Two Based on existing facts and circumstances, there is significant exposure to litigation pursuant to Government Code Section 54956.9(c).


Agency Designated Representative: Mayor Anthony Silva City Manager This Closed Session is authorized pursuant to Section 54957.6(a) of the Government Code.

3.6 13·0886 PUBLIC EMPLOYEE APPOINTMENT

Title: City Manager This Closed Session is authorized pursuant to Government Code Section 54957.

4. PUBLIC COMMENT*

Tocan Nguyen - shared personal political views

5. RECESS TO CLOSED SESSION (4:35PM)

Note: The Council recessed to Closed Session at 4:36 p.m. The Council returned from Closed Session and recessed at 5:02p.m.

6. REGULAR SESSION CALL TO ORDER/ROLL CALL {5:30 PM)

Roll Call Present:

Counci lmember Burgos Medina Councilmember Holman Councilmember Miller Councilmember Tubbs Councilmember Zapien Vice Mayor Canepa Mayor Silva

7. INVOCATION/PLEDGE TO FLAG

Pastor Darrell Williams of Hilliard Chapel provided the Invocation. The Pledge of Allegiance was led by Counci lmember Burgos Medina

8. REPORT OF ACTION TAKEN IN CLOSED SESSION

City Attorney, John Luebberke reported that City Council, by unanimous vote appointed Kurt Wilson to serve as Interim City Manager from November 1, 2013 until the new City

Page2 of 8 123

October 22, 201 3 - City Council/Successor Agency of the Redevelopment Agency/Public Financing Authority Concur ...

Manager begins employment. The resolution setting out the terms of this appointment will be presented for Council consideration on the November 5, 2013 agenda.

9. ADDITIONS TO REGULAR SESSION AGENDA**

None.

10. PROCLAMATIONS, COMMENDATIONS, OR INVITATIONS

10.1 CERTIFICATE OF RECOGNITION: Guardian Angels

RECIPIENTS: Timothy Johnson, Cody Sass, Sean D. Rodgers, Katy Rodgers, Michele Nagle Johnson, Felix Martin, and Chris Devincenzi

10.2 CERTIFICATE OF RECOGNITION AND COMMENDATION: City of Stockton City Manager

RECIPIENT: Bob Deis

11. CITIZENS' COMMENTS, ANNOUNCEMENTS, OR INVITATIONS*

Gary Malloy - thanked City Manager Bob Deis for job well done; appreciated the changes that were completed

Vincent Sayles - spoke about healing and shared personal religious beliefs

Tocan Nguyen- urged City Manager Bob Deis to write about his experiences; shared political views; admonished the public to behave themselves

Nancy Cochran - expressed appreciation for the community stepping up to help Stockton; expressed her opinion that the Record newspaper did not report factual information; hoped for transparency in the ongoing bankruptcy efforts; urged financial transparency

Cindy Gregory - spoke in support of Mayor Silva; recycling art

James Young- expressed appreciation for City Manager Bob Deis and City Councilmembers; would like to volunteer; smoother sidewalks

David Bregante - requested extra police for Halloween evening; supported Marshall Plan; traffic concerns

12. CONSENT AGENDA

Council passed a Motion to adopt the Consent Agenda with a single vote, save item 12.05 which was considered separately.

Moved by: Councilmember Burgos Medina, seconded by Councilmember Holman .

Vote: Motion carried 7-0

Page 3 of8 124

October 22, 2013 - City Council/Successor Agency ofthe Redevelopment Agency/Public Financing Authority Concur ...

Yes: Councilmember Burgos Medina, Councilmember Holman , Councilmember Miller, Councilmember Tubbs, Councilmember Zapien, Vice Mayor Canepa, and Mayor Silva.

12.1 13-0720 AUTHORIZE THE CITY MANAGER TO SIGN A "JOINDER AGREEMENT" TO THE "AGREEMENT FOR ADOPTION OF FLOOD SAFETY PLANS PURSUANT TO CALIFORNIA WATER CODE 9650" AND DESIGNATE THE CITY'S COMMUNITY DEVELOPMENT DIRECTOR AS THE DESIGNATED FLOOD SAFETY OFFICIAL FOR THE CITY OF STOCKTON

Resolution 2013-10-22-1201 authorizing the City Manager to sign a "Joinder Agreement" to take part in tl1e "Agreement for Adoption of Flood Safety Plans" Pursuant to Cal ifornia Water Code 9650" and designate the City's Community Development Director as the designated Flood Safety Official for the City of Stockton.

Legislation Text

Attachment A - Flood Safety Plan

Proposed Resolution

Exhibit 1 - 5-Fiood Safety Plans Agreement

Approved Resolution 2013-10-22-1201

12.2 13-0776 AUTHORIZE AN AGREEMENT WITH MGT OF AMERICA, INC. FOR THE DEVELOPMENT OF A STRATEGIC PLAN FOR THE STOCKTON-SAN JOAQUIN COUNTY PUBLIC LIBRARY

Motion 2013-1 0·22-1202 authorizing the City of Stockton to enter into an agreement with MGT of America, Inc. for the development of a strategic plan for the Stockton-San Joaquin County Public Library (SSJCPL).

Legislation Text

Attachment A - MGT Strategic Plan Agreement.pdf

12.3 13-0819 APPOINTMENT OF NOMINEE TO WATER ADVISORY GROUP

Resolution 2013-10-22-1203 authorizing the appointment of Paul Sensibaugh to the Counci l's Water Advisory Group.

Legislation Text

Attachment A - Paul Sensibaugh Application Redacted

Proposed Resolution - Water Advisory Group Appointment


12.4 13-0820 CRIME ANALYSIS SERVICES CONTRACT

Page 4 of8 125

October 22, 2013 - City Council/Successor Agency of the Redevelopment Agency/Public Financing Autholity Concur .. .

13.

Motion 2013-10-22·1204 adopting findings and approve a Professional Services Contract for Crime Analysis Services with BAIR Analytics, Inc. in an amount not to exceed $93,000.

Legislation Text

Attachment A - Bair Analytics Stockton Professional Services Contract

12.5 13-0826 CONSULTING AGREEMENT AMENDMENT WITH THE SEGAL COMPANY FOR EMPLOYEE BENEFIT SERVICES

Legislation Text

Attachment A - Segal Fourth Amendment October 2013.docx

Motion 2013-10-22-1205 approving an amendment to extend the current contract with the Segal Company ("Segal"), in the amount of $207,500, for an additional oneyear from December 14.2013 through December 13,2014, and to amend the scope of services.

Moved by: Councilmember Miller, seconded by Councilmember Burgos Medina.


Yes: Councilmember Burgos Medina, Councilmember Holman , Councilmember Miller, Councilmember Tubbs. Councilmember Zapien, Vice Mayor Canepa, and Mayor Silva.

12.6 13-0862 COUNCIL AUDIT COMMITTEE MINUTES

Motion 2013-10-22-1206 accepting for fi ling the Council Audit Committee minutes of the July 8, 2013 and August 19, 2013 meetings.

Legislation Text

2013-07-08 Council Audit Committee Meeting Minutes

2013-08-19 Council Audit Committee Meeting Minutes

12.7 13-0872 APPROVAL OF MINUTES

Motion 2013-10-22-1207 approving minutes from the regular City Council meeting of September 10, 2013 and the Special Closed Session meeting of October 10, 2013.

Legislation Text

2013-09-1 0 City Council Minutes

2013-10-10 Special City Council Closed Session Meeting Minutes

ADMINISTRATIVE MATTERS

Page 5 of8 126

October 22,2013- City Council/Successor Agency of the Redevelopment Agency/Public Financing Authori ty Concur. ..

None.

14. UNFINISHED BUSINESS

None.

15. NEW BUSINESS

Note: Items 15.1 and 15.2 were heard concurrently

15.1 13-0702 AMENDMENT TO THE CURRENT ADMINISTRATIVE AGREEMENT FOR THE CITY'S SELF-INSURED HEALTH BENEFIT PLANS' THIRD-PARTY ADMINISTRATOR, DELTA HEALTH SYSTEMS (DHS) AND RESCISSION OF AUTHORITY TO ISSUE REQUEST FOR PROPOSAL FOR THESE SERVICES

Legislation Text

Attachment A - DHS Admin Agmt with highlights

Attachment B - DHS Amendment to Admin Agmt to execute

Attachment C - DHS Admin Agreement and Amendment

Powerpoint Presentation

Motion 2013-10-22·1501 authorizing the City Manager to amend its current administrative agreement with Delta Health Systems for an additional one year period while the City evaluates the structure of current benefit offerings for City employees and rescind prior authority to issue a Request for Proposal (RFP) for these services.

Moved by: Councilmember Burgos Medina, seconded by Councilmember Miller.


Yes: Councilmember Burgos Medina, Councilmember Holman, Councilmember Miller, Councilmember Tubbs, Councilmember Zapien, Vice Mayor Canepa, and Mayor Silva.

15.2 13·0845 ISSUANCE OF REQUEST FOR PROPOSAL SOLICITING FULLY INSURED ALTERNATIVES TO THE CITY'S SELF-FUNDED MEDICAL PLAN

Legislation Text

Motion 2013-10-22-1502 approving findings and authorize the City Manager to issue a Request for Proposal (RFP) to solicit fully-insured medical plan proposals to consider as alternatives to the City's self-funded medical plan.

Moved by: Councilmember Burgos Medina, seconded by Councilmember Holman .


Page 6 of 8 127

October 22, 2013- City CounciVSuccessor Agency of the Redevelopment Agency/Public Financing Authmity Concur ...

Yes: Councilmember Burgos Medina, Councilmember Holman, Councilmember Miller, Councilmember Tubbs, Councilmember Zapien, Vice Mayor Canepa, and Mayor Silva.

15.3 13-0851 APPOINTMENT TO SAN JOAQUIN REGIONAL TRANSIT DISTRICT BOARD

Legislation Text

Attachment A- Les Fong application (redacted)

Attachment B - Michael Keatts application (redacted)

Attachment C - John Mays application (redacted)

Attachment D - Balwinder Singh application (redacted)

Attachment E - Lucinda Soule application (redacted)

Proposed Resolution - San Joaquin Regional Transit District Appointment


Resolution 2013-10-22-1503 appointing Balwinder Singh to fill the vacancy on the San Joaquin Regional Transit District Board for a term commencing January 1, 2014, and ending December 31, 2017.

Moved by: Mayor Silva, seconded by Councilmember Burgos Medina.


Yes: Councilmember Burgos Medina, Councilmember Holman , Councilmember Miller, Councilmember Tubbs, Counci l member Zapien, Vice Mayor Canepa, and Mayor Si lva.

16. HEARINGS***

16.1 13-0791 ADOPT AN ORDINANCE AMENDING STOCKTON MUNICIPAL CODE, TITLE 3 REVENUE AND FINANCE, CHAPTER 3.16, BY ADDING SECTION 3.16.190 TO CREATE A USE TAX BUSINESS INCENTIVE PROGRAM

Legislation Text

Attachment A - Ordinance- (redline Version) Use Tax Incentive Program

Ordinance- (Clean Version) Use Tax Incentive Program

Powerpoint Presentation

Approved Ordinance 2013-10-22-1601

Ordinance 2013-10-22-1601 amending the Stockton Municipal Code, Title 3

Page 7 of8 128

October 22, 2013 - City Council/Successor Agency of the Redevelopment Agency/Public Financing Authority Concur ...

Revenue and Finance, Chapter 3.16, by adding Section 3.16.190, to create a Use Tax Business Incentive Program.

Moved by: Vice Mayor Canepa, seconded by Councilmember Holman .

Vote~ Motion carried 7-0

Yes: Councilmember Burgos Medina, Councilmember Holman, Councilmember Miller, Councilmember Tubbs, Council member Zapien, Vice Mayor Canepa, and Mayor Silva.

17. COUNCIL COMMENTS

Councilmember Zapien -thanked City Manager Bob Deis for his service to the City of Stockton; UOP Homecoming event and efforts to promote the Miracle Mile

Councilmember Tubbs - congratulated Council member Zapien for being elected as President to the San Joaquin County Bar; thanked Guardian Angels; invited citizens to participate in Halloween movie night event; thanked City Manager Bob Deis for his service to the City of Stockton.

Vice Mayor Canepa - thanked City Manager Bob Deis for his service to the City of Stockton; acknowledged the loss of two advocates for people with disabilities - David Gould, Eddie Flaiz (from movie theater) - requested moment of silence at close of meeting

Council member Burgos Medina - invited the community to Halloween event; Next Generation Now Mixer; Larry ltliong & the Farm Labor Movement interactive symposium; thanked applicants for RTD; thanked City Manager Bob Deis for his service to the City of Stockton.

Council member Miller- thanked City Manager Bob Deis for his service to the City of Stockton and for his efforts to increase the amount of information provided to the City Counci l

Mayor Silva -thanked City Manager Bob Deis for his service to the City of Stockton.

Councilmember Holman - light up the night campaign; thanked PG&E for underwriting campaign; thanked City Manager Bob Deis for his service to the City of Stockton.

18. ADJOURNMENT (6:54PM)

INFORMATIONAL ITEMS

Page8of8 129

MINUTES SPECIAL ClTY COUNCIL

MEETING OF NOVEMBER 2, 2013

STOCKTON HILTON, 2323 GRAND CANAL BOULEVARD, STOCKTON, CALIFORNIA

1. SPECIAL CLOSED SESSION CALL TO ORDER I ROLL CALL

This Special Closed Session Council Meeting was called to order at 1 :16 p.m. at the Stockton Hilton, 2323 Grand Canal Blvd., Stockton, CA

Roll Call Present:

Councilmember Burgos Medina Councilmember Holman Councilmember Miller Councilmember Tubbs Council member Zapien Mayor Silva Vice Mayor Canepa

Note: The following were also present:

Deputy City Manager Kurt Wilson Chief of Police Eric Jones Chief Financial Officer Vanessa Burke Community Development Director Steve Chase Dr. Bill Mathis, City Manager Recruiter

2. PUBLIC COMMENT*

None.


3.1 13-0919 PUBLIC EMPLOYEE APPOINTMENT

Title: City Manager This Closed Session is authorized pursuant to Government Code Section 54957.


Agency Designated Representative: Mayor Anthony Silva City Manager This Closed Session is authorized pursuant to Section 54957.6(a) of the Government Code.

November 2, 2013 - Special City Council Page 1 of 2 130

4. ADJOURN TO CLOSED SESSION

Closed Session adjourned at 5:15p.m. with no reportable action.

~(2 ' BONNIE PAIGE:cte CITY CLERK OF THE CITY OF STOCKTON

November 2, 201 3 - Special City Council Page2 of2 131

15.1 13-0840 CREATE TWO NEW CLASSIFIED/REPRESENTED CLASSIFICATIONS FOR THE COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION It is recommended that the City Council adopt a Resolution creating two new classified/represented classifications and establishing the salary range for Community Development Technician and Senior Community Development Technician. Department: Human Resources

132

City of Stockton

Legislation Text


CREATE TWO NEW CLASSIFIED/REPRESENTED CLASSIFICATIONS FOR THE COMMUNITYDEVELOPMENT DEPARTMENT

RECOMMENDATION

It is recommended that the City Council adopt a Resolution creating two new classified/representedclassifications and establishing the salary range for Community Development Technician and SeniorCommunity Development Technician.

Summary

The Community Development Department is requesting the establishment of two newclassified/represented full-time classifications of Community Development Technician and SeniorCommunity Development Technician.

These classifications fulfill the ongoing need to re-engineer and change the culture of the CommunityDevelopment customer service function by breaking down traditional operational silos within theBuilding, Planning and Development Engineering functions. CDD technician staff resources will becross-trained in each of the functions and allocated according to customer service needs. Thisapproach results in the more efficient utilization of limited staff resources and furthers the effort torealize a true “One Stop Shop” that has been proposed by Management Partners and as part of thereorganization of the Community Development Department.

DISCUSSION

Background

At the Stockton City Council Meeting of June 12, 2012, the City Manager’s Office brought forth acomprehensive review of the Community Development Department and the City’s Permit Center.Management Partners, Inc. conducted that nine-month long review process, resulting in theproduction of an Implementation Action Plan (IAP) that was widely endorsed by the City Council.Then on August 28, 2012, the City Manager’s Office brought forth a complementary set ofrecommendations as part of the Urban Land Institute’s report on Downtown Revitalization (ULIReport - endorsed by City Council). In essence, changes to the permit process and the way of doingbusiness at the Permit Center would complement and incentivize private sector investment in theDowntown.

The item now before the City Council is a step towards realizing the recommendations of the IAP andthe ULI Report. These new positions will serve as the initial point of contact for the developmentservices and permit intake desk and will remain the point of contact throughout the entire permitprocess. These positions will staff the lobby and front counter of the Permit Center and provide




counter assistance as well as technical support across Building, Planning and DevelopmentEngineering.

Present Situation

Currently, the Permit Center has separate classifications that perform specialized functions at thefront counter along with technical and operational support of those functions. The adoption of theCommunity Development Technician and Senior Community Development Technician will create aconsolidated series that will allow the department more flexibility to staff the permit center and havetrained staff that can assist the public in all areas of permit processing. The action plan is to servethe public in a more effective manner.

The class specifications were provided to the Stockton City Employees’ Association for review andconcurrence on August 2, 2013. The union did not provide comment or objection to the creation ofthe classifications.

Staff completed a market analysis and salary recommendations were approved by the City Manager.The salary range to be set is as follows:

Community Development Technician / Unit AClassified/Represented - Stockton City Employees’ Association

1 2 3 4 5 6

Monthly $3,642.62 $3,829.02 $4,024.99 $4,231.62 $4,447.84 $4,675.77

Annual $43,711.44 $45,948.24 $48,299.88 $50,779.44 $53,374.08 $56,109.24

Senior Community Development Technician /Unit AClassified/Represented - Stockton City Employees’ Association

1 2 3 4 5 6

Monthly $4,214.58 $4,430.80 $4,657.66 $4,896.24 $5,146.54 $5,410.68

Annual $50,574.96 $53,169.60 $55,891.92 $58,754.88 $61,758.48 $64,928.16

FINANCIAL SUMMARY

Funding and position allocation for staffing these positions is included in the Department’s budget forFiscal Year 2013-14 in Community Development Administration accounts 048-1810-510 and 048-1825-510. The department currently has two vacancies that will be recruited for using the newlycreated classification. Existing employees may upgrade current positions if successful in thecompetitive process. If employees choose to remain in their current classifications, they may do so,but once they vacate the position, the allocation will be automatically changed.



Resolution No.

STOCKTON CITY COUNCIL RESOLUTION CREATING TWO NEW CLASSIFIED/REPRESENTED CLASSIFICATIONS AND ALLOCATING THE SALARY RANGE FOR COMMUNITY DEVELOPMENT TECHNICIAN AND SENIOR COMMUNITY DEVELOPMENT TECHNICIAN

It is necessary to establish two classifications of Community Development

Technician and Senior Community Development Technician in the Community

Development Department; now, therefore,

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

FOLLOWS:

1. The classified/represented classifications of Community Development

Technician and Senior Community Development Technician are hereby created and

included in the competitive service and assigned to the Stockton City Employees’

Association with the salary approved as follows:

Community Development Technician / Unit A Classified/Represented – Stockton City Employees’ Association 1 2 3 4 5 6 Monthly $3,642.62 $3,829.02 $4,024.99 $4,231.62 $4,447.84 $4,675.77 Annual $43,711.44 $45,948.24 $48,299.88 $50,779.44 $53,374.08 $56,109.24 Senior Community Development Technician /Unit A Classified/Represented – Stockton City Employees’ Association 1 2 3 4 5 6 Monthly $4,214.58 $4,430.80 $4,657.66 $4,896.24 $5,146.54 $5,410.68 Annual $50,574.96 $53,169.60 $55,891.92 $58,754.88 $61,758.48 $64,928.16

2. The Director of Human Resources is hereby directed to prepare the

appropriate class specifications in accordance with City of Stockton Civil Service Rules

and Regulations for Miscellaneous Employees, Rule IV: Classification, Section One.

135

3. The City Manager is hereby 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 November 19, 2013 .

________________________________ ANTHONY SILVA, Mayor of the City of Stockton

ATTEST: ___________________________ BONNIE PAIGE, City Clerk of the City of Stockton

136