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RESOLUTION AUTHORIZING AN AGREEMENT WITH THE PORT OF STOCKTON AND AUTHORIZING NECESSARY EXPENDITURE FOR THE BUCKLEY COVE INLET MAINTENANCE DREDGING PROJECT
recommended action
RECOMMENDATION
It is recommended that the Stockton City Council adopt a Resolution:
1. Approving findings pursuant to Stockton Municipal Code (SMC) 3.68.070 in support of an exception to the competitive bidding process; and
2. Authorizing the City Manager to enter into a Dredged Sediment Agreement with the Port of Stockton (Port) for use of the Roberts Island Dredged Material Placement Site for Capital Improvement Project EV22601, including payment of the applicable dredged sediment tipping fee; and
3. Authorizing the City Manager, or designee, to approve necessary budget amendments and establish or modify expenditure accounts, as may be required to implement the Dredged Sediment Agreement and associated project costs; and
4. Authorizing the City Manager, or designee, to take necessary and appropriate actions to carry out the purpose and intent of the Resolution.
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Summary
It has been determined that while the actions and methods of depositing the dredged sediments from the Buckley Cove Dredging project onto the approved location within the Port of Stockton’s Roberts Island are included in the dredging contractor’s contract, the fees associated with the deposits of silt due to the Port of Stockton for use of their land were not included. To correct this administrative oversight, it is necessary for the City to enter into a Dredged Sediment Agreement with the Port of Stockton (Port) for use of the Roberts Island Dredged Material Placement Site, including payment of the applicable dredged sediment tipping fee. The estimated amount of the “tipping fee” was anticipated and is available in the capital project, so no additional allocation of funding is necessary.
This action is critical to allow the project to commence in mid-October with a completion date of not later than November 30, 2026, per the terms of the State’s dredging season. The action requested will allow the City Manager to enter into the required agreement (Exhibit 1 to the proposed Resolution). Suspension of the City’s competitive bidding process is necessary as the Port is the nearest authorized deposit site, certified by the State, thus making competitive bids unavailable. The proposed Resolution allows for the payment of the applicable dredged sediment tipping fee and authorizes the City Manager, or designee, to make any necessary budget and/or expenditure account amendments required to implement the agreement and associated project costs, and take any other necessary and appropriate actions to carry out the purpose and intent of the Resolution.
DISCUSSION
Background
The property located at 4911 Buckley Cove Way is held by the City of Stockton under a grant of trust from the State Lands Commission for purposes related to navigation, commerce, and fisheries. The property includes the Buckley Cove inlet, which is shared with two adjacent long-term waterfront lessees, RiverPoint Landing and Pacific Boat Services Inc. (PBS), both of which operate marina facilities serving recreational boaters. Over time, sediment accumulation within the shared channel has reduced water depth and affected vessel access and navigation.
In 2023, the City began a multi-phase effort to address these conditions, including engineering, permitting, sediment analysis, and development of construction specifications. That work supported the current dredging phase of the project. Funding for the project and the construction agreement with The Dutra Group (Dutra) were subsequently approved by the City Council through Resolution No. 2026-04-28-1205 (Attachment A), authorizing implementation of the Buckley Cove Inlet Dredging Project and related dredging services.
Present Situation
As the project advanced into pre-construction and final coordination with Dutra, the Port, and the City’s project consultant, Anchor QEAa contractual inconsistency was identified in the process originally contemplated for payment of the dredged sediment tipping fee. The project solicitation established that the City would be responsible for payment of the Port’s tipping fee; however, the Port’s Dredged Sediment Agreement initially required Dutra to enter into the agreement and make payment directly to the Port. This created a conflict with the procurement terms and required the City and project stakeholders to quickly identify an alternative contractual approach.
Following coordination among the City, Port, Dutra, and Anchor QEA, it was determined that the City would enter directly into the Dredged Sediment Agreement with the Port for use of the Roberts Island Dredged Material Placement Site. This agreement will also include Dutra, defining their underlying dredging scope and operational responsibilities. The agreement permits placement of up to approximately 40,000 cubic yards of clean dredged material at Roberts Island and establishes a tipping fee of $7.00 per cubic yard, with the final cost based on the actual quantity of material placed.
Execution of the recommended agreement is critical in maintaining the project schedule is critical due to the Central Valley Regional Water Quality Control Board’s (CVRWQCB) Notice of Applicability (NOA) authorizing the approved project work period as July 1 through November 30. The NOA also identifies Roberts Island as the approved dredged material placement site.
Findings
Pursuant to SMC section 3.68.070, Council may approve findings which support an exception to the competitive bidding process. These findings include:
a. The Port of Stockton’s Roberts Island Dredging Material Placement Site is identified and approved by the Central Valley Regional Water Quality Control Board for replacement of dredging material generated by the Buckley Cove Inlet Maintenance Dredging Project;
b. The Port of Stockton owns and controls the Robert Island Dredged Material Placement Site and is the only entity authorized to provide access to and accept dredged material at the approved site;
c. No comparable alternative provider or placement site has been identified that can meet the project's existing regulatory, operational, and schedule requirements;
d. Use of Robert’s Island is necessary to maintain the project schedule and complete dredging within the approved July 1 through November 30 dredging period; and
e. Completion of the dredging project is necessary to restore and maintain navigational access within the Buckley Cove inlet and support marina operations, recreational boating, commerce, and fisheries.
FINANCIAL SUMMARY
The Dredged Sediment Agreement establishes a tipping fee of $7.00 per cubic yard for material placed at the Roberts Island Dredged Material Placement Site. Based on the agreement’s allowance of up to approximately 65,840 cubic yards of clean dredged material, the maximum estimated tipping fee is approximately $280,000, with the final cost based on the actual quantity of material placed.
Funding for the Buckley Cove Inlet Dredging Project was previously approved and is available within the CIP EV22601. As a result, no additional General Fund impact is anticipated from this action. Any necessary budget adjustments or expenditure account modifications required to process the Port’s tipping fee and implement the agreement will be completed within the project’s existing approved funding authority.
Attachment A - Resolution No. 2026-04-28-1205