JANUARY 10, 2022 – Regular Meeting Agenda – 7:00 p.m.
Printed on Recycled Paper See Reverse
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January 10, 2022 – City Council Regular Meeting – 7:00 p.m.
City Council Chamber
390 Towne Centre Drive
Lathrop, California
209) 941- 7200
www. ci.lathrop. ca. us
City Council
Sonny Dhaliwal, Mayor
Diane Lazard, Vice Mayor
Paul Akinjo
Minnie Diallo
Jennifer Torres- O’Callaghan
City Staff
Stephen Salvatore, City Manager
Salvador Navarrete, City Attorney
Teresa Vargas, Government Services
Director / City Clerk
Glenn Gebhardt, City Engineer
Michael King, Public Works Director
Cari James, Finance Director
Mark Meissner, Community Development
Director
Zachary Jones, Parks, Recreation and
Maintenance Services Director
Raymond Bechler, Chief of Police
Commission Start Date 7/1/2022)
Lieutenant Michael Alagna, Acting Chief
of Police
General Order of Business
1. Preliminary
Call to Order
Closed Session
Roll Call
Invocation
Pledge of Allegiance
Announcements by Mayor/ City Mgr.
Informational Items
Declaration of Conflict of Interest
2. Presentations
3. Citizen’s Forum
4. Consent Calendar
5. Scheduled Items
Public Hearings
Appeals
Referrals and Reports from
Commissions and Committees
All Other Staff Reports and/ or Action
Items
Study Sessions
6. Council Communications
7. Adjournment
Order of Discussion
Generally, the order of discussion after introduction
of an item by the Mayor will include comments and
information by staff followed by City Council
questions and inquiries. The applicant, or their
authorized representative, or interested residents,
may then speak on the item; each speaker may only
speak once to each item. At the close of public
discussion, the item will be considered by the City
Council and action taken.
Consent Calendar
Items on the Consent Calendar are considered
routine by the City Council and will be enacted by one
motion and one vote. There will be no separate
discussion of these items unless a Councilmember or
interested resident so requests, in which case the
item will be removed from the Consent Calendar and
considered separately.
1 January 10, 2022 Lathrop City Council Regular Meeting Agenda Page 1 IMPORTANT NOTICE REGARDING THIS MEETING & COVID- 19
Executive Order N-29-20, issued by the Governor on March 17, 2020, set provisions which relaxed the teleconferencing requirements of the Brown Act to facilitate virtual meetings during the COVID- 19 declared emergency, said provisions expired after September 30, 2021.
This public meeting will be conducted in person; all members of the City Council will attend in person. Members of the public are welcomed in person. COVID- 19 and social distancing guidelines will be enforced. As a courtesy, this meeting will be available for public participation by teleconference via ZoomGov at the following link:
https:// www.zoomgov.com/ j/1610774897?pwd=cmd0bWdyTk1lZlRRd ElmVjZaYWZxUT09
During the meeting, those joining by ZoomGov, will be allowed to speak prior to the close of public comment on an item. If you are using this method, please “ raise the hand” feature to inform the City Clerk ( meeting host) you wish to speak on the matter. Please ensure your computer speaker and microphone are fully functional.
For audio / calling in only, dial: + 1 (669) 254-5252 or + 1 (669) 216-1590 o To request to speak ( same as the “ raise hand” feature) press * 9 / When the City Clerk calls your name, press * 6 to unmute.
Meeting Webinar ID: 161 077 4897 / Passcode: 089087
If you are not able to attend the meeting in person or virtually - Public comment/ questions will be accepted by email to City Clerk Teresa Vargas at [email protected] or by calling ( 209) 941-7230
Questions or comments must be submitted by 4:00 p.m., on the day of the meeting.
To address City Council in person, please submit a purple card to the City Clerk indicating name, address, and number of the item upon which a person wishes to speak.
Council Meetings are live-streamed ( with Closed Captioning) on Comcast Cable Channel 97, and on the City Council Webpage: https:// www.ci.lathrop. ca.us/ citycouncil/ page/live-stream Addressing the Council
Any person may speak once on any item under discussion by the City Council after receiving recognition by the Mayor. Purple speaker cards will be available prior to and during the meeting.
To address City Council, a card must be submitted to the City Clerk indicating name, address and number of the item upon which a person wishes to speak. When addressing the City Council, please walk to the lectern located in front of the City Council. State your name and address. In order to ensure all persons have the opportunity to speak, a time limit will be set by the Mayor for each speaker ( see instructions on speaker form). In the interest of time, each speaker may only speak once on each individual agenda item; please limit your comments to new material; do not repeat what a prior speaker has said. If you challenge the nature of a proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing.
2 January 10, 2022 Lathrop City Council Regular Meeting Agenda Page 2 Citizen’ s Forum
Any person desiring to speak on a matter, which is not scheduled on this agenda, may do so under the Citizen’s Forum section. Please submit your purple speaker card to the City Clerk prior to the commencement of Citizen’s Forum, or submit your request to speak via the “ raise hand” feature in ZoomGov. Only those who have submitted speaker cards, or have expressed an interest to speak, prior to the conclusion of Citizen’s Forum will be called upon to speak. Please be aware the California Government Code prohibits the City Council from taking any immediate action on an item, which does not appear on the agenda, unless the item meets stringent statutory requirements. The Mayor will limit the length of your presentation ( see instructions on speaker form) and each speaker may only speak once on this agenda item. Please note, the Council Chamber has limited occupancy due to social distancing.
To leave a voice message for all Councilmembers simultaneously, dial (209) 941-7230. To send an e-mail for Councilmembers simultaneously email: citycouncil@ci. lathrop.ca.us. This City Council Agenda and meeting materials can be accessed by computer or any smart device at:
https:// www.ci.lathrop.ca.us/ meetings
General Information
For reports citing supplemental documents relating to specific agenda items, these are available for review in the City Clerk’s Office. This agenda was posted at the following locations: City Hall, Community Center, Generations Center, Senior Center, and the Lathrop- Manteca Fire District “ J" Street and Somerston Parkway Offices. The meetings of the Lathrop City Council are broadcast on Lathrop Comcast Cable Television Channel 97 and live streamed on the City’s website.
Assistance will be provided to those requiring accommodations for disabilities in compliance with the Americans with Disabilities Act of 1990. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility and/ or accommodations to this meeting. [ 28 CFR 35.102-35.104 ADA Title II] Interested persons must request the accommodation at least 2 working days in advance of the meeting by contacting the City Clerk at (209) 941-7230. Information about the City or items scheduled on the Agenda may be referred to:
Teresa Vargas, MMC
Government Services Director / City Clerk
390 Towne Centre Drive
Lathrop, CA 95330
Telephone: ( 209) 941-7230
3 January 10, 2022 Lathrop City Council Regular Meeting Agenda Page 3
CITY OF LATHROP
CITY COUNCIL REGULAR MEETING
MONDAY, JANUARY 10, 2022
7:00 P.M.
COUNCIL CHAMBER, CITY HALL
390 Towne Centre Drive
Lathrop, CA 95330
AGENDA
PLEASE NOTE: There will be a Closed Session commencing at 6:30 p.m. The Regular Meeting will reconvene at 7:00 p.m., or immediately following the Closed Session, whichever is later.
1. PRELIMINARY
1.1 CALL TO ORDER
1.2 CLOSED SESSION
1.2.1 CONFERENCE WITH LEGAL COUNSEL: Anticipated Litigation - Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(b)
2 Potential Case( s)
RECONVENE
1.2.2 REPORT FROM CLOSED SESSION
1.3 ROLL CALL
1.4 INVOCATION
1.5 PLEDGE OF ALLEGIANCE
1.6 ANNOUNCEMENT( S) BY MAYOR / CITY MANAGER
1.7 INFORMATIONAL ITEM(S) – None
1.8 DECLARATION OF CONFLICT( S) OF INTEREST
2. PRESENTATIONS
2.1 ECONOMIC DEVELOPMENT UPDATE
2.2 AMERICAN RESCUE PLAN ACT ( ARPA) UPDATE
2.3 LATHROP POLICE DEPARTMENT PROJECT UPDATE, CIP GG 21-11 4 January 10, 2022 Lathrop City Council Regular Meeting Agenda Page 4
3. CITIZEN’S FORUM
Any person desiring to speak on a matter, which is not scheduled on this agenda, may do so under Citizen’s Forum. Please submit a purple speaker card to the City Clerk prior to the commencement of Citizen’s Forum. Only those who have submitted speaker cards, or have expressed an interest to speak, prior to the conclusion of Citizen’s Forum will be called upon to speak. Please be aware the California Government Code prohibits the City Council from taking any immediate action on an item, which does not appear on the agenda, unless the item meets stringent statutory requirements. The City Council can, however, allow its members or staff to briefly (no more than five (5) minutes) respond to statements made, to ask questions for clarification, make a brief announcement or report on his or her own activities. ( See California Government Code Section 54954.2(a)).
Unless directed otherwise by a majority of the City Council, all questions asked and not answered at the meeting will be responded to in writing within 10 business days. ALL PUBLIC COMMENTS MUST BE MADE IN COMPLIANCE WITH THE LATHROP CITY COUNCIL HANDBOOK OF RULES AND PROCEDURES!
4. CONSENT CALENDAR
Items on the Consent Calendar are considered routine by the City Council and will be enacted by one motion and one vote. There will be no separate discussion of these items unless the Mayor, Councilmember, or citizen so requests, in which event the item will be removed from the Consent Calendar and considered separately.
4.1 WAIVING OF READING OF ORDINANCES AND RESOLUTIONS
Waive the Reading in Full of Ordinances and Resolutions on Agenda and Adopt by Reading of Title Only, Unless Otherwise Requested by the Mayor or a Councilmember
4.2 APPROVAL OF MINUTES
Approve Minutes for the Regular Council Meeting of December 13, 2021
4.3 SECOND READING AND ADOPTION OF ORDINANCE 22-430 AMENDING TITLE 10, CHAPTER 10.24, SECTION 10.24.030 DESIGNATED NO PARKING
AREAS OF THE LATHROP MUNICIPAL CODE
Waive Full Reading and Adopt Ordinance 22-430 by Title Only Amending Title 10, Chapter 10.24, Section 10.24.030 Designated No Parking Areas of the Lathrop Municipal Code
4.4 REVIEW OF THE CAPITAL FACILITY FEE FUNDS REPORT FOR FISCAL YEAR 2020-2021
Review of the Capital Facility Fee Funds Report for Fiscal Year 2020-2021 5 January 10, 2022 Lathrop City Council Regular Meeting Agenda Page 5
4.5 APPROVE COOPERATIVE AGREEMENTS WITH SAN JOAQUIN COUNCIL OF
GOVERNMENTS
Adopt Resolution Approving Two Cooperative Agreements with San Joaquin Council of Governments for Funding Towards Active Transportation Projects CIP PS 22-17 and CIP PS 22-18
4.6 APPROVE INFORMATION SYSTEMS SERVER REPLACEMENTS AND
SOFTWARE LICENSES
Adopt a Resolution Approving a Lease Purchase Agreement with Hewlett Packard Financial Services for End-of-Life Server Replacements and Software Licenses Provided by Solid Networks, Inc. for Disaster Recovery Site
4.7 APPROVE RESERVE WASTEWATER TREATMENT CAPACITY TRANSFER FROM
CITY OF LATHROP TO SAYBROOK CLSP, LLC AND A RELATED BUDGET
AMENDMENT
Adopt Resolution Approving the Sale and Transfer Agreement of 54,200 GPD Reserve Wastewater Treatment Capacity in the Consolidated Treatment Facility from City of Lathrop to Saybrook CLSP, LLC for Phase 1D1 Final Maps and a Related Budget Amendment
RIVER ISLANDS CONSENT ITEM(S)
4.8 APPROVE FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR 43 LOTS IN TRACT 4090 VILLAGE “ HH2” WITHIN OLD RIVER DISTRICT OF
RIVER ISLANDS
Adopt Resolution Approving Final Map for Tract 4090 Village “ HH2” within the Old River District, Totaling 43 Single Family Lots and a Subdivision Improvement Agreement with River Islands Stage 2B, LLC
4.9 APPROVE FINAL MAP, COMMON USE AGREEMENT, AND SUBDIVISION IMPROVEMENT AGREEMENT FOR 62 LOTS IN TRACT 4092 VILLAGE “ GG2”
WITHIN OLD RIVER DISTRICT OF RIVER ISLANDS
Adopt Resolution Approving Final Map for Tract 4092 Village “ GG2” within the Old River District, Totaling 62 Single Family Lots, a Common Use Agreement, and a Subdivision Improvement Agreement with River Islands Stage 2B, LLC
5. SCHEDULED ITEMS
5.1 APPROVE RESOLUTION OF INTENTION TO ESTABLISH THE PROPOSED MOSSDALE TRACT ENHANCED INFRASTRUCTURE FINANCING DISTRICT” Adopt Resolution of Intention Proposing to Establish an Enhanced Infrastructure Financing District to Finance the Construction and/ or Acquisition of Capital Improvements, Establish a Public Financing Authority PFA), Appoint 2 Lathrop Council Members and 2 Public Members to the PFA and Authorize Certain Other Actions Related Thereto
6 January 10, 2022 Lathrop City Council Regular Meeting Agenda Page 6
5.2 PUBLIC HEARING ( PUBLISHED NOTICE) TO CONSIDER MUNICIPAL CODE
AMENDMENT TO UPDATE VARIOUS SECTIONS TO THE LMC TO
MODERNIZE, SIMPLIFY, AND STREAMLINE VARIOUS SECTIONS OF TITLE 17, ZONING CODE, AND TITLE 10, VEHICLES AND TRAFFIC ( TA-21-151) City Council to Consider the Following:
1. Hold a Public Hearing; and
2. First Reading and Introduction of an Ordinance Adopting Various Amendments to the Lathrop Municipal Code ( LMC) to Modernize, Simplify, and Streamline Various Sections of Title 17, Zoning Code, and Title 10, Vehicles and Traffic. The Amendments to the Municipal Code include the Following:
Chapter 10.24 ( Parking): Allow Recreational Vehicles such as travel trailers, motorhomes, marine vessels, all-terrain vehicles, and similar vehicles to park on the street for the purposes of loading, unloading, cleaning, etc.
Chapter 17.16 (General Requirements and Exceptions): Update the code reference for the application type for temporary subdivision sales office.
Chapter 17.32 ( R One-Family Residential District): Amend the Chapter to clarify that Large Family Day Care Home is a permitted use pursuant to Senate Bill 234.
Chapter 17.36 (RM Multifamily Residential District): Remove RM
1.5 from the Purpose and Application Section and Add Small and Large Family Day Care Home as a permitted use pursuant to Senate Bill 234.
Chapter 17.52 ( Combining Districts): Update Section
17.52.030, Mossdale Village combining district ( MV) to reference that development of property within the MV
combining district are subject to the regulations found in the West Lathrop Specific Plan and the applicable Urban Design Concept.
New Chapter 17.57 ( Mossdale Landing Zoning Districts): New Chapter to reference that the Mossdale Landing Zoning Districts are subject to the applicable Urban Design Concept.
Chapter 17.60 ( Southeast Stewart Tract Zoning Districts):
Remove Section 17.60.030, MX-ST, Mixed-Use Zoning District, Section 17.60.040, CR-ST, Regional Commercial Zoning
District, and Section 17.60.050, R-REC- ST, Recreational Residential Zoning Districts as these Zoning Districts do not exist. Update Section 17.60.060, R-ST, Residential Zoning District to permit single-family residential uses and clustered housing consistent with a density in compliance with the City’s General Plan.
Chapter 17.62 ( Central Lathrop Zoning Districts): Amend the Chapter to clarify that Large Family Day Care Home is a permitted use in the VR- CL, Variable Density Residential District, HR-CL, High Density Residential, R/ MU- CL,
Residential/ Mixed-Use Zoning District consistent with Senate Bill 234. Update Non-Residential Site Development Standards 7 January 10, 2022 Lathrop City Council Regular Meeting Agenda Page 7 to remove Lathrop Center District in Off-street parking and reference to Chapter 17.76, Off-street parking and loading and update the R/ MU- CL, Residential/ Mixed Use Zoning District Section to remove the VR- CL district reference from the permitted use list.
Chapter 17.64 ( Home Occupations): Amend the Chapter to allow Mobile Personal Services authorized by the State.
Chapter 17.76 ( Off-Street Parking and Loading): Add “ utility trailer” to the list of recreational vehicles required to be stored within an enclosed side or rear yard or within a garage or carport.
Chapter 17.80 ( Accessory Dwelling Units): Amend Section
17.80.030(C) to clarify that doorway access for a detached accessory dwelling unit may front the street as long as the detached ADU is recessed from the main dwelling unit and amend Section 17.80.040 to provide provisions for utility connections for ADUs not contained within an existing structure.
Chapter 17.97 (Wireless Communication Facilities): Clarify that Wireless Communication Facilities are subject to a Site Plan Review process, and a Conditional Use Permit.
Chapter 17.100 ( Site Plan Review): Amend the Chapter to update the code reference for revocation of a site plan.
Chapter 17.108 (Administrative Approval of Certain Uses): Add temporary construction/ laydown yard that is associated with a construction project to the list of temporary uses that are exempt from the Temporary Use Permit requirements ( Section
17.108.090, Review of temporary uses).
5.3 CONSIDER CREATION OF CIP PW 22-36 FOR AQUIFER STORAGE AND
RECOVERY, AND APPROVAL OF AGREEMENT WITH CAROLLO ENGINEERS, INC. AND RELATED BUDGET AMENDMENT
Council to Consider the Adoption of a Resolution Approving the Creation of Capital Improvement Project ( CIP) PW 22-36 for the Aquifer Storage and Recovery, and Approve Professional Services Agreement with Carollo Engineers, Inc. and Approve Related Budget Amendment
5.4 REVIEW AND CONSIDER OPTIONS FOR ROUNDABOUT IMPROVEMENTS Council to Consider Options for Roundabout Improvements near Mossdale Elementary School
6. COUNCIL COMMUNICATIONS
6.1 MAYOR DHALIWAL REFERRAL – Appointment of One ( 1) Member to the Measure C Oversight Committee, with Term Ending June 30, 2022, due to Unexpired Term Vacancy
Three ( 3) Applications Received
8 January 10, 2022 Lathrop City Council Regular Meeting Agenda Page 8
6.2 COUNCILMEMBER DIALLO – Amendment to the City Council Handbook of Rules and Regulations to Consider Changes to the City Council Regular Meeting Schedule
6.3 MAYOR & COUNCILMEMBER COMMITTEE REPORT( S)
Central Valley Executive Committee/ LOCC ( Akinjo/ Diallo) Council of Governments ( Lazard/ Diallo)
Integrated Waste Management Solid Waste Division ( Akinjo/ TorresO’Callaghan) Reclamation District 17 Joint Powers Authority ( Salvatore) San Joaquin Partnership Board of Directors ( Salvatore) San Joaquin County Commission on Aging ( Zavala)
San Joaquin Valley Air Pollution Control District ( Akinjo/ Dhaliwal) Water Advisory Board ( Torres- O’Callaghan/ Lazard)
Tri Valley-San Joaquin Valley Regional Rail Authority ( Akinjo) San Joaquin Area Flood Control Agency ( Akinjo & Lazard) LAFCo ( Diallo)
6.4 MAYOR & COUNCILMEMBER COMMENT(S)
7. ADJOURNMENT
Teresa Vargas/
Teresa Vargas, MMC
City Clerk
9 10
ITEM 4. 2
CITY OF LATHROP
CITY COUNCIL REGULAR MEETING
MONDAY, DECEMBER 13, 2021
7: 00 P. M.
COUNCIL CHAMBER, CITY HALL
390 Towne Centre Drive
Lathrop, CA 95330
MINUTES
PLEASE NOTE:. There was a Closed Session, which commenced at 6; 15 a. m. The Reqular Meetin4 reconvened at 7: 02 p, m.
1. PRELIMINARY
1. 1 CALL TO ORDER - Mayor Dhaliwal called the meeting to order at 6: 15 p. m.
1. 2 CLOSED SESSION
1. 2. 1 CONFERENCE WITH LEGAL COUNSEL: Anticipated Litigation - Significant Exposure to Litigation Pursuant to Government Code Section 54956. 9( b)
3 Potential Case( s)
RECONVENE - Mayor Dhaliwal reconvened the meeting at 7: 02 p. m.
1. 2. 2 REPORT FROM CLOSED SESSION
City Attorney Salvador Navarrete reported that direction was provided to staff in regards to Item 1. 2, no other reportable action was taken.
1. 3 ROLL CALL Present: Mayor Dhaliwal; Vice Mayor Torres- O' Callaghan; Councilmembers: Akinjo, Diallo and Lazard
1. 4 INVOCATION - Pastor Troy Stein, New Life Church, provided the invocation.
1. 5 PLEDGE OF ALLEGIANCE - Pastor Troy Stein led the pledge of allegiance.
1. 6 ANNOUNCEMENT( S) BY MAYOR / CITY MANAGER
City Manager Stephen Salvatore advised the City Council on an upcoming item related to the 200- year urban level of flood protection, and the Mossdale Tract Enhanced Infrastructure Financing District' s intent on creating a Public Financing Authority. City Engineer Glenn Gebhardt provided additional information regarding the public membership recruitment.
Decemb2r 13, 2021 Lathrop City Council Regular Meeting Minutes Page 1 11 1, II FORMATIO! AL ITEM( S) - None
1. 8 DECLARATION OF CONFLICT( S) OF INTEREST
Councilmember Lazard declared a conflict of interest with Items - 4. 16 through 4. 19, due to her empioyment with Deli' Osso Farms. 2, tl' ATIONS
2. 1 PROCLAMATION DECLARING DECEMBER 9, 2021, AS COACH PHILLY
BAIRD DAY
Mayor Dhaliwal read the proclamation deciaring December 9, 2021, as Coach Philly Baird Day, in commemoration of his birthday. The proclamation was received by the Baird Family. Ernesto Rodriguez ( in person speaker) provided remarks on ris memories of Coach Baird.
2. 2 MAYOR' S COMMITTEE REPORT( S)
Parks, Recreation & Maintenance Services Update on C mmitt e Events and Programs
Parks, Recreation and Maintenance Services Director Zach Jones reported the following past and upcoming events and programs:
Past Special Events
Reported on past special events: Veterans Day Celebration held November 11, 2021 at the Veterans Memorial; Christmas Tree Lighting Event, held December 1, 2021 with approximately 400 attendees; Donuts with Santa, held December 4, 2021 with approximately 70 families in attendance; and the Christmas Parade, held December 11, 2021.
Senior Center Programs
Provided an overview on various upcoming events: Age Well Drive f - -• _ - Smart" with CHP Officer ) ames Smith as November Guest Speaker, scheduled for November 9, 2021; and the 2022 Noon Years Luncheon, scheduled for December 17, 2021 at 11: 30 a. m.
Youth Development
Provided an overview on upcoming youth workshops, which included The Polar Express Kids' Night Out, scheduled for December 17, 2021 for ages 5- 12; and Winter Camp, scheduled for December 20- 22, 2021 for ages K- 6tn
Sports Programs
Provided an overview on upcoming sports programs, whicr inciu`d d The Reindeer Dash Virtual Run, scheduled for December 23- 26, 2021.
Ge emb r : 3, 2021 Lathrop City Council Regular Meeting Minutes Page 2 12 Maintenance Services
Provided an overview on various Maintenanc Services act: v ties, which included an 8- week Weed Abat ment Program th t would include over 27 miles of right- of- ways, over 200 acres of open spac, inciuding storm drains and retention pon is.
Solid Waste & Recycling
Provided an overview of the Christmas tree and leaf pick- up scheduled for the first 2 weeks in January; and upcoming changes to the garbage collection days commenc; ng January 10, 2022.
3. CITIZEN' S FORUM
Director of Government Services / City Clerk ( City Clerk) Teresa Vargas provided an overvieU on ZoomGov login instructions for those joining virtually.
Jim Hilson ( in person speaker) commented on various matters including his parti ip tion as a public member to the San a uin Council of Gavernmerts, ilizing Measure K funds for transportation improvements, and recent social r edia posts. John Steiner ( in person speaker) expressed concern with a prior tr cking business located at 11500 Harlan Road. James Cadei! ( in person spe ker) s oke on var;ous matters related to code compliance, and cod compl ance fees assessed on his property. City Clerk Teresa Vargas announced various putalic comment ema ls/ letters su mitted by C) L:, lin date D cember 13, 2 21.
C P T CALEPEDAR
On a motion by Councilmember Akinjo, seconded by Councilmember Lazard, the C ty Council approved the Consent Calendar, except * Items 4. 3, 4. 16, 4. 17, 4. 18, ard 4. 19, ti e
following rQil ca l vote, unless oth fJise i- dicated:
Ayes: Akinjo, Diallo, Lazard, Torres- O' Ca! lag aan, r d Qha iwal Na s: None
At sent: None
Abstain: None
Items 4. 3, 4. 16, 4. 17, 4. 1 S, and 4, 19 were voted on separately from the Consent Calendar.
4. 1 WAIVING OF READING OF ORDINANCES AND RESOLUTIONS
Waived the reading in full of ordinances and resolutions on agenda and adopt by reading of title only, unless otherwise requested by the Nlayor or a Ceuncilmember.
t2 APPROVAL OF MIN. T S
Ap, roved Minutes for the Regular Counci! M etin af h vember 8, 2 21.
Decembe 13, 20Z1 Lathrop City Council Regular Meeti g Minukes Pa 3 y i 9. . . . '
13 4. 3 5ECOND READING AND ADOPTION OF ORDINbNCE 21- 428 AMENDING TITLE 5, BUSINESS LICENSES AND REGULATIONS, CHAPTER 5. 04, BUSINESS LICENSES GENERALLY, CHAPTER 5. 26, PROHIBITION AGAINST COMMERCIAL CANNABIS, AND TITLE 17, ZONING, CHAPTER 17. 18, PROHIBITED CANNABIS ACTIVITIES ( TA- 21- 116)
Pulled by Councilmember Diallo. A question and answer period ensued. City Attorney Salvador Navarrete, Principal Planner Rick Caguiat, Acting Chief Alaqna , responded to questions of the Council. Councilmember ' Diallo commented on several sections and requested language changes on the proposed ordinance; , removal of paragraph A & C of Section„ 5. 26. 150, revisions to paragraph J of Section 5. 26. 100, revisions to paragraph A of Section 5. 26. 040, revisions to paragraph 1 of Section 5. 26. 050, and revisions to paragraph 21. B & C of Section 5. 04. 190. Councilmember Lazard requested a workshop to reopen the item for public discussion.
Councilmember Akinjo expressed concern on the proposed changes. Vice Mayor Torres- O' Callaghan requested additional information regarding the track and trace system, and criminal history information on applications.
Mark Elliott ( in person speaker) expressed concern with the matter and the proposed changes. Donald Jimenez ( in person speaker) spoke in support of the matter. Michael B. ( zoom speaker) spoke in support of the matter.
On a motion by Councilmember Diallo, seconded by Vice Mayor TorresO' Callaghan, the City Council waived full reading and adopted Ordinance 21- 428, as amended by Council during their discussions, amending Title 5, Business Licenses and Regulations, Chapter 5. 04, Business Licenses Generally, Chapter 5. 26, Prohibition Against Commercial Cannabis, And Title 17, Zoning, Chapter 17. 18, Prohibited Cannabis Activities ( TA- 21- 116), by the following roll call vote:
Ayes: Diallo, Torres- O' Callaghan, and Dhaliwal
Noes: Akinjo and Lazard
Absent: None
Abstain: None
4. 4 SECOND READING AND ADOPTION OF ORDINANCE 21- 429 APPROVING
THE ZONING MAP AMENDMENT FOR THE SCANNELL PROPERTIES
INDUSTRIAL PROJECT ( REZ- 20- 140)
Waived full reading and adopted Ordinance 21- 429 by title only approving the Zoning Map Amendment for the Scannell Properties Industrial Project REZ- 20- 140).
4. 5 TREASURER' S REPORT FOR SEPTEMBER 2021
Pulled by Councilmember Akinjo. A question and answer period ensued.
Deputy Finance Director Thomas Hedegard provided additional information.
Approved Quarterly Treasurer' s Report for September 2021.
December 13, 2021 Lathrop City Council Regular Meeting Minutes Page 4 14 4. 6 COMMUNITY FACILITIES DISTRICTS ANNUAL BOND ACCOUNTABILITY REPORT FOR FY 2020/ 21
Pulled by Councilmember Akinjo. A question and answer period ensued.
Finance Director Cari James provided additional information.
Received and approved Report for Bonded and Non Bonded Community Facilities Districts.
4. 7 RATIFY THE PURCHASE OF MOBILE AND PORTABLE COMMUNICATION RADIOS FOR CIP GG 21- 11 LATHROP POLICE DEPARTMENT
Adopted Resolution 21- 4997 ratifying the Purchase of Mobile and Portable Communication Radios from La Rue Communications for CIP GG 21- 11 Lathrop Police Department.
4. 8 APPROVE UPDATED SALARY SCHEDULE FOR FISCAL YEAR 2021/ 22 AND
JOB CLASSIFICATION FOR UTILITY OPERATIONS SUPERINTENDENT Adopted Resolution 21- 4998 approving the City of Lathrop Salary Schedule as of January 1, 2022, in accordance with California Code of Regulations, Title 2, Section 570. 5, and approving an update to the job classification for the Utility Operations Superintendent.
4. 9 APPROVE SERVICE AGREEMENT WITH WAVE BUSINESS SOLUTION, LLC
FOR TELECOMMUNICATION AND INTERNET SERVICES
Pulled by Councilmember Akinjo. A question and answer period ensued.
Chief Information Officer Tony Fernandes provided additional information.
Adopted Resolution 21- 4999 approving a Service Agreement with Wave Business Solution, LLC to provide Telecommunication and Internet Services to the City of Lathrop.
4. 10 APPROVE TASK ORDER NO. 25 WITH 4LEAF, INC., FOR BUILDING
INSPECTION SERVICES
Pulled by Councilmember Diallo. A question and answer period ensued.
Public Works Director Michael King provided additional information.
Adopted Resolution 21- 5000 approving Task Order No. 25 with 4LEAF, Inc., to provide building inspection services pursuant to Master Professional Services Consulting Agreement dated September 21, 2015 with 4LEAF, Inc.
4. 11 APPROVE AMENDMENT NO. 1 WITH SORACCO, INC. FOR ON- CALL
CONSTRUCTION SERVICES FOR WET UTILITY AND STREET REPAIR
SERVICES
December 13, 2021 Lathrop City Council Regular Meeting Minutes Page 5 15 Puiled by Councilmembers Akinjo and Diallo. A question and answer period ensued. Public Works Director Michael King provided additional information.
Adopted Resolution 21- 5001 approving Amendment No. 1 to the Agreement with Soracco, Inc. for on- call emergency construction services for wet utility and street repairs.
4. 12 APPROVE AMENDMENT NO. 7 TO THE WASTEWATER TREATMENT PLANT
OPERATION AND MAINTENANCE AGREEMENT WITH VEO IA WATER WEST OPERATING SERVICES, INC.
Adopted Resolution 21- 5002 approving Amendment No. 7 to the Wastewater Plant Operation and Maintenance Agreement with Veolia Water West Operating Services, Inc. and approving related budget amendment.
4. 13 APPROVE PARCEL MAP 21- 02, SUBDIVISION IMPROVEMENT AGREEMENT FOR PHASE 2 OF THE LATHROP GATEWAY BUSINESS PARK
Adopted Resolution 21- 5003 approving the Lathrop Gateway Business Park Parcel Map 21- 02, and Subdivision Improvement Agreement with Yosemite Lathrop 2, LLC for Phase 2 of the Lathrop Gateway Business Park.
4. 14 APPROVE RECOMMENDATION TO CHANGE " TALBOTT COURT" TO MONTELENA COURT"
Pulled by Councilmember Akinjo. A question and answer period ensued.
Principal Planner Rick Caguiat provided additional information.
Adopted Resolution 21- 5004 approving street name modification to change ' Talbott Court" to " Montelena Court" located within Tract 4018 in Stanford Crossing.
4. 15 ACCEPT PUBLIC UTILITY EASEMENT DEDICATIONS ASSOCIATED WITH SONIC DRIVE- IN AND DUTCH BROTHERS LOCATED AT 15107 AND 15135
OLD HARLAN ROAD
Adopted Resolution 21- 5005 accepting the Dedication of Public Utility Easements from CFT NV Development, LLC for the I- 5 off- ramp and Old Harlan Road associated with the Sonic Drive- in and Dutch Brothers located at 15107 and 15135 Old Harlan Road.
RIV R ISLANDS CONSENT ITEM( S)
o nci! nember Lazard recused herself, following the vote of the consent calendar( Items 1 0 4. 15), and left the chamber at 9. 03 p. m., prior to the vote of Item 4. 16, due to Aclared conflict of interest as noted in Item 1. 8.
December 13, 2021 Lathrop City Council Regular Meeting Minutes Page 6 16 On a motion by Mayor Dhaliwal, seconded by Vice Mayor Torres- O' Callaghan, the City Council approved Items 4. 16 through 4. 19, by the following roll call vote, unless otherwise indicated:
Ayes: Akinjo, Diallo, Torres- O' Callaghan, and Dhaliwal Noes: None
Absent: None
Abstain: Lazard
4. 16 APPROVE SUMMARY VACATION OF A PORTION OF THE SLOPE AND
DRAINAGE EASEMENT ADJACENT TO DELL' OSSO DRIVE WITHIN RIVER
ISLANDS
Pulled by Vice Mayor Torres- O' Callaghan. A question and answer period ensued. City Engineer Glenn Gebhardt provided additional information.
Adopted Resolution 21- 5006 approving the Summary Vacation of a portion of the Slope and Drainage Easement adjacent to Dell' Osso Drive within River Islands.
4. 17 APPROVAL OF FINAL MAP, COMMON USE AGREEMENT, AND SUBDIVISION IMPROVEMENT AGREEMENT FOR 46 LOTS IN TRACT 4094 VILLAGE LL2"
WITHIN LAKESIDE WEST DISTRICT OF RIVER ISLANDS
Adopted Resolution 21- 5007 approving Final Map for Tract 4094 Village LL2" within the Lakeside West District, Totaling 46 Single Family Lots, a Common Use Agreement, and Subdivision Improvement Agreement with River Islands Stage 2B, LLC
4. 18 APPROVAL OF FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR 8 LOTS IN TRACT 4111 VILLAGE SS" WITHIN LAKESIDE EAST
DISTRICT OF RIVER ISLANDS
Adopted Resolution 21- 5008 approving Final Map for Tract 4111 Village S5" within the Lakeside East District, Totaling 8 Single Family Lots and Subdivision Improvement Agreement with River Islands Stage 2A, LLC
4. 19 ACCEPTANCE OF PUBLIC ROADWAY IMPROVEMENTS FROM RIVER ISLANDS
DEVELOPMENT, LLC ON PARADISE ROAD BETWEEN PARADISE CUT AND
RIVER ISLANDS PARKWAY AND RELEASE OF ASSOCIATED BONDS AND
CONSTRUCTION GUARANTEES
Adopted Resolution 21- 5009 accepting Public Roadway Improvements from River Islands Development, LLC on Paradise Road between Paradise Cut and River Islands Parkway and Releasing Associated Bonds and Construction Guarantees
Councilmember Lazard returned to the chamber/ da s after the vote of Items 4. 19, at 9: 14 p. m. for the remainder of the meeting.
December 13, 2021 lathrop City Council Regular Meeting Minutes Page 7 17 I;r mediately following the vote of Items 4. 16- 4. 19, City Manager Stephen Salvatore announced connectivity issues with Zoom. A question and answer period ensued. City Clerk Teresa Vargas provided an overview of in- person meetings, streaming services on the City' s website and the ZOOM connection for public participation. City Attorney Salvador Navarrete provided additional information regarding requirements for inperson meetings as opposed to virtual meetings. Zoom was reported to be down approximately from 9: 10 p. m. to 9: 18 p. m. The streaming services remained connected and in- person participation was available throughout the meeting. Council resumed with Item 5. 1 following this brief discussion.
5. SCHEDULED ITEMS
5. 1 PUBLIC HEARING ( PUBLISHED NOTICE) TO CONSIDER ADOPTION OF THE
FINAL TRACY SUBBASIN GROUNDWATER SUSTAINABILITY PLAN AND APPROVAL OF AMENDMENT NO. 1 TO THE TRACY SUBBASIN
MEMORANDUM OF AGREEMENT
Public Works Director Michael King provided the presentation. A question and answer period followed. City Manager Stephen Salvatore provided additional information. Mayor Dhaliwal opened the public hearing. Jim Hilson ( in person speaker) commented on getting ahead of shovel ready projects. There were no other speakers. Mayor Dhaliwal closed the public hearing.
On a motion by Councilmember Akinjo, seconded by Mayor Dhaliwal, the City Council considered the following:
1. Held a public hearing; and
2. Adopted Resolution 21- 5010 approving the Final Groundwater Sustainability Plan for the Tracy Subbasin for Management of the City of Lathrop Jurisdictional Area and approving Amendment No. 1 to the Tracy Subbasin Memorandum of Agreement, by the following roll ca I I vote:
Ayes: Akinjo, Diallo, Lazard, Torres- O' Callaghan, and Dhaliwal Noes: None
Absent: None
Abstain: None
5. 2 PUBLIC HEARING ( PUBLISHED NOTICE) TO CONSIDER AN ORDINANCE AMENDING TITLE 10, CHAPTER 10. 24, SECTION 10. 24. 030 DESIGNATED
NO PARKING AREAS OF THE LATHROP MUNICIPAL CODE
Public Works Director Michael King provided the presentation. A question and answer period followed. Mayor Dhaliwal opened the public hearing. Jim Hilson ( in person speaker) expressed concern with those not driving safely on and parking on roundabouts. Adriana Lopez ( zoom speaker) spoke in support of on street parking for residential areas. There were no other speakers. Mayor Dhaliwal closed the public hearing.
December 13, 2021 Lathrop City Council Regular Meeting Minutes Page 8 18 On a motion by Councilmember Lazard, seconded by Mayor Dhaliwal, the City Council considered the following:
1. Heid a public hearing; and
2. Introduced and held first reading of an ordinance of the City Council of the City of Lathrop to consider amending Title 10, Chapter 10. 24, Section 10. 24. 030 Designated No Parking Areas of the Lathrop Municipal Code, by the following roll call vote:
Ayes: Akinjo, Diallo, Lazard, Torres- O' Callaghan, and Dhaliwal Noes: None
Absent: None
Abstain: None
5. 3 RECEIVE UPDATE ON CIP GG 22- 35 CAMERA SURVEILLANCE SYSTEMS FOR
MAJOR CITY PARKS AND CONSIDER THE ADOPTION OF PUBLIC SAFETY
VIDEO SURVEILLANCE SYSTEM POLICY
Public Works Director Michael King provided the presentation. A question and answer period followed. Chief Information Officer Tony Fernandes, City Attorney Salvador Navarrete, and Acting Police Chief Alagna responded to questions of the Council.
On a motion by Vice Mayor Torres- O' Callaghan, seconded by Councilmember Lazard, the City Council received an update on CIP GG 22- 35 Camera Surveillance Systems for Major City Parks and adopted Resolution 21- 5011 approving a Public Safety Video Surveillance System Policy, by the following roll call vote, unless otherwise indicated:
Ayes: Akinjo, Diallo, Lazard, Torres- O' Callaghan, and Dhaliwal Noes: None
Absent: None
Abstain: None
5. 4 CONSIDER AMENDING THE HANDBOOK OF RULES AND PROCEDURES OF
THE LATHROP CITY COUNCIL TO REVISE CHAPTER III - DECORUM City Clerk Teresa Vargas provided the presentation. A question and answer period followed. City Attorney Salvador Navarrete provided additional information. The City Council discussions continued. Councilmember Akinjo expressed concern with being able to use smart devices for personal health monitoring. Councilmember Diallo opposed the item citing being able to reach her family. Councilmember Lazard supported the item. Mayor Dhaliwal asked about family members being able to reach Councilmembers during emergencies. City Clerk Teresa Vargas announced that the City would provide a private landline for family members to call- in to the City Clerk' s Office while Council Meetings are in session. Councilmembers would also have the ability to step down from the dais if needed.
December 13, 2021 Lathrop City Council Regular Meeting Minutes Page 9 19 On a motion by Vice Mayor Torres- O' Callaghan, seconded by Councilmember Lazard, the City Council adopted Resolution 21- 5011 amending the Handbook of Rules and Procedures of the Lathrop City Council Chapter III - Decorum, by Adding Section G, Titled " Use of Electronic Communication Devices During City Council Meetings"
Ayes: Akinjo, Lazard, Torres- O' Callaghan, and Dhaliwal Noes: Diallo
Absent: None
Abstain: None
6. COUNCIL COMMUNICATIONS
6. 1 COUNCILMEMBER DIALLO REFERRAL - Discuss Removal of the Roundabout In Front of Mossdale School, and Replace with Stop Signs and Lighted Crosswalk
Councilmember Diallo provided an overview of the referral. A question and answer period ensued requesting removal of the roundabouts near Mossdale School. A question and answer period ensued. Director of Public Works Michael King and City Manager Stephen Salvatore provided additional information. ] im Hilson ( in person speaker) commented on the matter, expressed discontent with roundabouts near schools. Council consensus directed staff to bring back the matter at a future meeting.
6. 2 MAYOR DHALIWAL REFERRAL - Set Application Deadline for One ( 1) Member to the Measure C Oversight Committee, with Term Ending June 30, 2022, due to Unexpired Term Vacancy
Mayor Dhaliwal set January 3, 2022, as the application deadline.
Appointment to be made during the January 10, 2022, Regular City Council Meeting.
6. 3 MAYOR DHALIWAL REFERRAL - Appointment of Vice Mayor for 2022 Mayor Dhaliwal provided an overview and appointed Councilmember Lazard as Vice Mayor for 2022.
6. 4 MAYOR DHALIWAL REFERRAL - Mayor and Councilmember Assignments for 2022
Mayor Dhaliwal requested Council consideration on maintaining the same assignments from 2021. Co ncil conser> rected the City Clerk to keep assignments for 2022 un har ged from 2a21:
Assignment Delegate Alternate
Central Valley Executive Committee Akinjo Diallo
Counci! of Governments Lazard Diallo
Integrated Waste Mgmt. Task Force Akinjo Torres- O' Callaghan December 13, 2021 Lathrop City Council Regular Meeting Minutes Page 10 20 Reclarriation District 17 JPA Salvatore N/ A
SJC Commissions on Aging Zavala N/ A
SJ Partnership Board of Directors Saivatore N/ A
SJ Valley Air Pollution Control District Akinjo Dhaliwal Water Advisory Board Torres- O' Callaghan Lazard
Tri Valley- SJV Regional Rail Akinjo N/ A
S] A Flood Control Agency Akinjo/ Lazard N/ A
2x2 Meetings with Manteca Dhaliwal Torres- O' Callaghan 2x2 Meetings with LMFD Dhaliwal Akinjo
2x2 Meetings with MUSD Diallo Torres- O' Callaghan
2x2 Meetings with BESD Torres- O' Callaghan Lazard
2x2 Committee for LPS Review Dhaliwal Akinjo
Economic Development Review Dhaliwal Lazard
LAFCo N/ A Diallo
6. 5 MAYOR & COUNCILMEMBER COMMITTEE REPORT( S)
Councilmember Akinjo gave a brief update on the Tri Valley- San Joaquin Valley Regional Rai) Authority projects.
6. 6 MAYOR & COUNCILMEMBER COMMENT( S)
Councilmember Akinjo commented on the growth of the City, the im ertance of public input, respectful dialogW, and expressed appreciation to staff. Councilmem er Lazard commented and expressed appreciation to staff for the Christmas Tree Lightin Event & Christmas Parade.
Cr ncilmember Diall expressed appreciation to staff for the Chri tmas Tree Lighting Event & Christmas Parade, and requested a referral for the upcoming meeting to consider changes to the City Council Regular Meeting schedule, and an update on the Police Department transition. Vice Mayor To!-res- O' Callaghan vyishpd everyone a Happy Holiday season and provided her best wishes to students during finals week. Mayor Dhaliwal echoed similar sentiments anc wished everyone a Merry Christmas and Happy N2w Yea r.
7(? i, fV( IE iT — There being no further business, Mayor Dhaliwal adjour ed t mee ir at 11: 23 p. m.
1,,/' ----.,
T resa Vargas, MM.
Ci y Clerk
Lat' ro ity Council Regular Ma`.` r g Mln tes Pzg? ' 1
21 22
ITEM 4. 3
CITY MANAGER' S REPORT
7ANUARY 10, 2022 CITY COUNCIL REGULAR MEETING
ITEM: SECOND READING AND ADOPTION OF ORDINANCE
22- 430 OF THE CITY OF LATHROP AMENDING TITLE
10, CHAPTER 10. 24, SECTION 10. 24. 030
DESIGNATED NO PARKING AREAS OF THE LATHROP
MUNICIPAL CODE
RECOMMENDATION: Waive Full Reading And Adopt Ordinance 22- 430 By Title Only Amending Title 10, Chapter 10. 24, Section
10. 24. 030 Designated No Parking Areas of the
Lathrop Municipal Code
RECOMMENDED ACTION:
The City Council to conduct second reading and adopt Ordinance 22- 430 entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LATHROP TO AMEND TITLE 10, CHAPTER 10. 24, SECTION 10. 24. 030 DESIGNATED NO PARKING AREAS OF THE
LATHROP MUNICIPAL CODE
SUMMARY:
On December 13, 2021, the City Council approved the introduction and first reading of the subject Ordinance by the following vote:
AYES: Akinjo, Diallo, Lazard, Torres- O' Callaghan, and Dhaliwal NOES: None
ABSTAIN: None
ABSENT: None
The Ordinance will take effect 30 days after adoption.
SUBMITTED BY•
f t
j
Te sa Va g s, City Clerk Date
r
23 ORDINANCE NO. 22- 430
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LATHROP TO AMEND TITLE 10, CHAPTER 10. 24, SECTION 10. 24. 030 DESIGNATED NO PARKING
AREAS OF THE LATHROP MUNICIPAL CODE
WHEREAS, pursuant to California Vehicle Code ( CVC) Section 22507, the City is required to establish No Parking Areas within the City limits by ordinance; and WHEREAS, in response to recent concerns raised by residents and to accommodate newly accepted streets within the City, staff has identified modifications and additions necessary to Lathrop Municipal Code ( LMC") section
10. 24. 030 entitled Designated No Parking Areas"; and
WHEREAS, staff requests that the City Council consider amending LMC Section 10. 24. 030 as shown in Exhibit A incorporated by reference herein.
NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Lathrop does hereby approve amending Section 10. 24. 030 entitled " Designated No Parking Areas" of the Lathrop Municipal Code as shown in Exhibit A, incorporated by reference herein.
Section 1. The Lathrop Municipal Code is hereby amended as shown in Exhibit A, attached hereto and incorporated by reference herein.
Section 2. This Ordinance is not intended to and shall not be construed or given effect in a manner that imposes upon the city or any officer or employee thereof a mandatory duty of care toward persons and property within or without the city so as to provide a basis of civil liability for damages, except as otherwise imposed by law.
Section 3. - Severabilitv. If any section, subsequent subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise invalid, such a decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance irrespective of the unconstitutionality or invalidity of any section, subsection, subdivision, paragraph, sentence, clause or phrase.
Section 4. - Effective Date. This Ordinance shall take legal effect 30 days from and after the date of its passage.
Section 5. - Publication. Within fifteen days of the adoption of this Ordinance, the City Clerk shall cause a copy of this Ordinance to be published in full accordance with Section 36933 of the Government Code.
Ordinance 22- 430
24 THIS ORDINANCE was regularly introduced at a regular meeting of the City Council of the City of Lathrop on the 13th day of December 2021, and was PASSED AND ADOPTED at a regular meeting of the City Council of the City of Lathrop on the 10th day of January 2022, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney Ordinance 22- 430
25 No Parking Areas— Chapter 10. 24 Mark- Up
New text is shown by underline; deleted text is shown by * r'*' r' Chapter 10. 24 PARKING
10. 24. 030 Designated No Parking Areas
Upon amendment by ordinance prohibiting parking on certain streets and/ or highways within the corporate limits of the City, as depicted below, the Director of Public Works is directed to place appropriate signs and/ or markings sufficient to give adequate notice of such no parking areas. Until appropriate signs and/ or markings sufficient to give adequate notice of such no parking areas, as depicted below, is provided by the Director of Public Works, no enforcement of the provisions of this section shall occur.
Pursuant to the provisions of the California Vehicle Code, the following no parking zones( unless noted as timelimited parking) are created or affirmed if previously created in the corporate limits of the City of Lathrop:
Street Side Location
Academy Drive North Beginning at the centerline of Somerston Parkway, thence running easterly to the centerline of River Bend Drive, a an approximate distance of 2, 000 feet. e e- e ess
Barbara Terry Boulevard Both Be g' nnin at the centerline of'. rSpartan Way, thence runnin e asterlv
to the centerline of Sunol Street an a roximate distance of 5 860 feet.
Bewick Drive Both Beginning at the centerline of Warbler Place, thence running southerlv to the centerline of Isidore Wa an a roximate distance of 170 feet.
Bluebird Street Both Be innine. at the centerline of Spartan Wav, thence runnin southerlv to the centerline of Os re Drive an a roximate distance of 180 feet.
Bosch Avenue Both Beginning at the centerline of Middlebury Drive, thence running northerly to the centerline of Mulholland Drive, a an approximate distance of 1, 850 feet.-r e e- e ess
Brookhurst Boulevard Both Beginning at the centerline of Manthey Road, thence running westerl o the
centerline of McKee Boulevard, an approximate distance of 1, 350 feet.
Business Park Court Both Entire len th.
Cedar Ridge Court Southwest Beginninp from the south end of the driveway to_14917 Cedar Ridge Court, thence runnin easterl an a roximate distance of 30 feet.
Central Pacific Street Both Begnning at the centerline of Spartan Way, thence running southerl t centerline of Alban Street an a roximate distance of 200 feet.
Christopher Way Both Beginning at the centerline of D' Arcy Parkway, thence running southwesterly a an a roximate distance of 3, 000 feet— e e- e- less
r,.
t o,. o rwo.- ., a t..,,.:...,,,. t:... t.,,.,.,,.,,, n,. t,,......:,. n:.,-:,.. + n io., vo .. e.,,. t o
o;- o- o.-- P"
Commercial Street Both Beginning at the centerline of Academy Drive, thence running northerly to the centerline of Marina Drive, a an a proximate distance of 1, 300 feet.,; D' Arcy Parkway North Beginning at the centerline of Harlan Road, thence running easterly a an approximate distance of 4, 200 feet. e e- er- ess
D' Arcy Parkway North Beginning at a an approximate distance of 4, 200 feet east of the centerline of Harlan Road, thence running easterly a an approximate distance of 800 feet to centerline of Christopher Way. exe-e- ess. Allow 30- minute arkin .
D' Arcy Parkway North Beginning at an approximate distance of 5, 000 feet east of Harlan Road, t- e o.,. o.. r,.,o„ c v„ o.,.:. o n.. o,,.. thence running"'. easterlv a an a roximate distance of 1, 750 feet to centerline of Yosemite Avenue. e e- e} ess D' Arcy Parkway South Beginning at the centerline of Harlan Road, thence running easterly a an approximate distance of 150 feet. e e-e- less
26 No Parking Areas— Chapter 10. 24 Mark-Up
Street Side Location
D' Arcy Parkway South Beginning at a an approximate distance 150 feet east ofthe centerline of Harlan Road, thence running easterly a an approximate distance of 200 feet. s Allow 30- minute arkin .
D' Arcy Parkway South Beginning at a an approximate distance 350 feet east of the centerline of Harlan Road, thence runnin easterl a an a roximate distance of 2, 650 feet. e e- e ess D' Arcy Parkway South Beginning at a distance of 3, 000 feet east of the centerline of Harlan Road, thence running easterly a an approximate distance of 1, 200 feet. e e- e- less. Allow 30- minute arkin .
D' Arcy Parkway South Beginning at an approximate distance of 4, 200 feet from the centerline of Harlan Road v^ c m:+ n,.^.., thence running es easterlv a an a proximate distance of 2, 600 feet to the centerline of Yosemite Avenue. e e-e less Dell' Osso Drive Both Entire len th.
Dos Reis Road Both
ea Entire len th.
Fifth Street East Beginning at the centerline of Thomsen Road, thence running southerly an a roximatel distance of 165 feet.
Fifth Street West Beginning at the centerline of Mingo Way, thence running southerly to the centerline of Louise Avenue,€ e- a an approximate distance of 500 feet. e--e ess
Fifth Street West Beginning at the centerline of N Street, thence running southerly to the centerline of O Street, an a proximate distance of 400 feet. e e- e- les Prohibit parking between the hours of 8: 30 a. m. to 2: 30 p.m., Monday through Friday. Allow temporary loading/ unloading of vehicle passengers between the hours of 8: 00 a. m. to 8: 30 a. m. and 2: 30 p.m. to 3: 00 p. m., Monday through Friday. Allow parking between the hours of 3: 00 p. m. and 8: 00 a. m., Monda throu h Frida and an ime on Saturda and Sunda .
Golden Spike Trail West Beginning at the^; o: centerline of Brookhurst Boulevard, thence running north an approximate distance of 750 feet.
w „„+, o.,, e+: ao„ cr_„i, o., e.,: i o T,..,;i. prohibit parking from the hours of 8: 00 a. m. to 5: 00 p. m., Monday through Friday. Allow parking between the hours of 5: 00 p. m. to 8: 00 a.m., Monday through Friday and anytime on Saturday and Sunda .
Golden Spike Trail East Beginning at the^„ n n centerline of Brookhurst Boulevard, thence running north an approximate distance of^^ a '''^ c^:'. o Tr:' ^ r^^ ooa;^^ 100 feet.
Prohibit parking from the hours of
8: 00 a. m. to 5: 00 p.m., Monday through Friday. Allow parking between the hours of 5: 00 p. m. to 8: 00 a. m., Monday through Friday and anytime on Saturday and Sunda .
Golden Valle Parkwa Both Entire len th within t e cit limits.
Glacier Street Both Entire len th.
Harlan Road Both Entire len th within cit ] imits.
Howland Road Both n. `' o
e e- e les Entire len h
Imperial Drive West Be i
nnin at the centerline of Holborn Drive, thence running southerly to Marina Drive roundabout, an approximate distance of 65 feet.
Isidore Wav Both Be i
nning at the centerline of Stanford Crossing, thence running westerlv to the centerline of Loon Street, an approximate distance of 930 feet.
Jefferson Wa Both Entire len th.
Lakeside Drive Both Entire len th.
Lathrop Road Both Beginning at the centerline of Golden Valley Parkway, thence running easterly to the eastern city limits i- e, an a
proximate distance of 5; 389 9, 500 feet. e e--e
ess
Locomotive Street Both Be ' nning at the centerline of Golden Valley Parkwav, thence runnin westerlv to the centerline of Sa brook Street an a roximate distance of 200 feet.
Louise Avenue Both R ho. o...,,,,, „.,.,,.,„ F r„+ o,.+„+ o c +, o,,,. o,- o... o...,.,, wo o.-.,,.;.., i:..,:. i:,, o ., a:..,.,,. o„ F i n nn o. pe ee' es Entire len th.
27 No Parking Areas— Chapter 10. 24 Mark- Up
Street Side Location
Madruga Road Both Beginning at the centerline of Yosemite Avenue, thence running westerlv to the centerline of Glacier Street, an approximate distance of 770 feet.+ e e- e ess
Manthey Road Both Beginning at e- se south city limits e, thence running northerly to t-k e cit limits i-ee, a an a roximate distance of 28,400 feet.
Marina Drive Both Beginning at the centerline of Somerston Parkway, thence running easterly to the centerline of River Bend Drive, a an approximate distance of 2, 400 feet. e e- e ess
Marina Drive South Be g nning at the centerline of Leto Wav, thence running westerly to the centerline of Silver S rin s Wa an a roximate distance of 1 O50 feet.
McKinley Avenue Both Beginning at the centerline of Lathrop Road, thence running southerly to the rail road crossin , a an a roximate distance of 1300 feet. e e- e less McKinley Avenue Both Beginning at the centerline of Louise Avenue, thence running southerly to the centerline of Yosemite Avenue, an a roximate distance of 5, 300 feet. n, s, McKinley Avenue West Beginning at the centerline of Yosemite Avenue, thence running southerly to t-ke cit limits, an a roximate distance of 2, 400 feet. e e- e-} ess Mossdale Road Both Entire len h within cit limits.
Murphy Parkway Both Beginning at the centerline of D' Arcy Parkway, thence running northerly to a ei the end.
Murphy Parkway Both Beginning at the centerline of Tesla Drive, thence running northerly to the centerline of D' Arcy Parkway, a an approximate distance of 1, 500 feet. ae e--e n ii,,.,, n .,.:.,..« o...,_,.:.,,. Allow parkin durin the hours from 6: 00 a. m. to 0: 00 p.m. Prohibit parking from 10: 00 p. m. to 6: 00 a. m. Prohibit parking of vehicles over 5 tons.
Tesla Drive Both Beginning at the centerline of Harlan Road, thence running easterly to the centerline of Christopher Way, a an a proximate distance of 3, 600 feet. e e- e ess
O Street North Beginning at a an approximate distance of 125 feet east of the centerline of Halmar Lane, thence running easterly an apQroximate distance of a e ci atel-} 680 feet to Fifth Street.;;;. Prohibit parking from the hours of 8: 30 a. m. and 2: 30 p. m., Monday through Friday. Allow temporary loading/ unloading of vehicle passengers from the hours of 8: 00 a.m. and 8: 30 a. m. and 2: 30 p.m. to 3: 00 p. m., Monday through Friday. Allow parking between the hours of 3: 00 p. m. to 8: 00 a. m., Monday through Friday and anytime on Saturday and Sunday. Prohibit parking anytime 50 feet east and west of the centerline of Matador Wa .
Oberlin Avenue Both Beginning at the centerline of Marina Drive, thence running northerly to the centerline of Garden Farms Avenue, a an approximate distance of 1, 400 feet. e e e- less
Old Harlan Road Both Entire lenQth, both segments at Louise Ave and Lathrop Rd. a^^** t,,.- l;.. o.{' LI.,.- 1.,,. D...,, J C! 1 F„.....-fl. ..F I .. o A., o.... tl.,,...- o.- e
111,] [. I.,,- 1., D,,.,, 7 Ro .... " l;
vs. „
0.- 1: ., F T ., rl..- D,,.,, 7 + l,o tl, v,- 1.,, rl. o b•" :: b.
t.- l: ., 4' LI.,.- 1., D,,.,, 7 , 7:.. ., f0l1l1 Cot r lo Paradise Road Both Entire len th within cit limits.
Pleasant Road Both Be nin at the centerline of Isidore Wav, thence runnin southerty to the centerline of Folktale Wav, an approximate distance of 180 feet.
Quartz Way East Beginning at the southerly boundary of 13580 Quartz Way( lot 15), thence running southerly.,
i,,,,,,+, o o.,. o. a., w„.. ,. F.. , i:., o„ Fn.,.,..t., a,,., F,.., a:..,..,. o„ F o'.,' n F+ to the northern boundary of 13590 Quartz Way( lot 14), an approximate distance of 20 for T,: ' n'^^** o;*, o o^* r^^ o*, o Emer enc Vehicle Access.
River tslands Parkwa Both Entire len th within t e cit limits.
Roth Road Both Entire len th within cit limits.
Sadler Oak Drive Both Entire len th.
28 No Parking Areas— Chapter 10. 24 Mark- Up
Street Side Location
Sandhill Crane Road Both Entire len th.
Seventh Street Both Beginning at the centerline of Fifth Street, thence running easterly along Seventh Street for a an a roximate distance of 600 feet. m
Sierra Mar Road Both Beginnine at the centerline of Barbara Terry Boulevard, thence runnin westerlv to the centerline of Testarossa Street an a roximate distance of 175 feet.
Somerston Parkwa Both Entire len th.
Somerville Street Both Entire len th
Spartan Way Both Beginning at the centerline of Golden Valley Parkway, thence runnin t- e westerly to an approximate distance of 850 feet north of the centerline of Hidden Cove Place.
Stanford Crossin Drive Both Entire len th.
Stewart Road Both Beginning at a point 9A 550 feet north of the centerline of the Union Pacific Railroad tracks( formerly southern Pacific Railroad tracks), thence running southerly along Stewart Road a an approximate distance of 99 1, 450 feet to the centerline of Manthe Road.
Stonebridge Lane Both Beginning at a point that is on the east right-of-way line of Harlan Road, thence nznning easterly to the centerline of Slate Street, a an a proximate distance of 2, 400 feet. e e- e ess
Thomsen Road Both Beginning at the east right- of-way of Harlan Road, thence running easterly for a an approximate distance of 200 feet.-^ r' a; Rr+ ^'.;^^.
eg i ga
oi., nn o+ o.,,„ F. wv.-,. t,+ ,. F.,,.,..„ f u.,rt.,., n,,.,, . t, o,,,. o e,- t.,., .,.,. vi., nnn o+., ti,,..,...,,- i.;.,,., a.. r.,,..,o t,,,,,.- f,,,Y,• nn Thomsen Road South Be g' nning at a t oint approximatelv 200 feet east of the right- of-wav of Harlan Road, thence runnin easterly an approximate distance of 400 feet to the centerline of Lisa Lane. Allow parking durin the hours from 6: 00 a. m. to 10: 00 p. m. Prohibit arkin from 10: 00 . m. to 6: 00 a. m.
Thomsen Road North Ro..:....:......,+, e o.,+ W„,+ „...,,.,,. v u.,.-i.,., o,,., a ., o.,,. o.. o,- i, r. a:.,,.,,. o„ F nn Fo. o ao:,..,.,+ o„ .,..-:.,,.. Beginning at a point v' approximately 200 feet east of the right- of-way of Harlan Road, thence running easterly an a proximate distance ofa e 200 feet. Aallow parking during the hours from 6: 00 a. m. to 10: 00 p. m. Prohibit a a^^*^^ parking from 10: 00 . m. to 6: 00 a.m.
Top of San Joaquin Both Beginning at the northern city limit line, following the levee until the centerline of River levee in RD- 17 Manthey Road.
and all levee access
oints
Towne Centre Drive Both Beginning at the centerline of Manthey Road, thence westerly to the centerline of Golden Valley Parkway. Allow parking for up to two hours between 6: 00 a. m. to 10: 00 p. m. Prohibit parking between the hours of 10: 00 p. m. and 6: 00 a. m.
Towne Centre Drive Both Beginning at the centerline of Golden Valley Parkwav, thence running westerly an a roximate distance of 400 feet.
Woodfield Drive Both Beginning at the centerline of Lathrop Road, thence running northerly to the centerline of Lon Barn Drive, a an a roximate distance of 450 feet. xe e-e less Yosemite Avenue North Beginning at the centerline of McKinley Avenue, thence running easterly to t e cit ] imits.
Yosemite Avenue South Beginning at the centerline of McKinley Avenue, thence running westerly an approximate distance of 9 3, 000 feet.
Yosemite Avenue Both Beginning 800 feet east of the right-of-way of State Route 120, thence running westerly to the centerline of Jefferson Way, a an approximate distance of 6, 800 feet.-,- o;:
29 No Parking Areas— Chapter 10. 24 Mark- Up
The public works director is hereby directed to erect appropriate signage and/or markings to indicate the existence of these no parking zones. In erecting signage on roads with unimproved shoulders, the signs shall be placed at the edge of the rightof-way. Until and unless appropriate signage and/ or markings are erected, no enforcement of these no parking zones shall occur. Payment for such signage shall come from account 208- 5010.( Ord. 18- 389 § 1; Ord. 17- 382 § l; Ord. 14- 336 § l; Ord. 13- 325 § 1; Ord. 12- 317 § 1; Ord. 11- 309 § 1; Ord. 11- 306 § 1; Ord. 11- 304 § 1; Ord. 10- 302 § 1; Ord. 10- 301 § 1; Ord. 09- 296 § 1; Ord. 09- 288 § 1; Ord. 08- 282 § 1; Ord. 99- 166; Ord. 93- 104)
30 ITEM 4. 4
CITY MANAGER' S REPORT
JANUARY 10, 2022 CITY COUNCIL REGULAR MEETING
ITEM: REVIEW OF THE CAPITAL FACILITY FEE FUNDS
REPORT FOR FY 2020- 2021
RECOMMENDATION: Review of the Capital Facility Fee Funds Report for Fiscal Year 2020- 2021
SUMMARY:
Pursuant to the State of California Mitigation Fee Act ( also known as AB 1600" CA Government Code Section 66006 et seq., the City of Lathrop is required to provide an annual overview of fees collected by the Capital Facility Fee ( CFF) program as a result of new development. This report presents the background for each fee and shows the fee schedules and history for last year. The information provided is required by the Government Code to be made available for public review and subsequently reviewed by City Council at the next regular meeting after being made public.
BACKG ROU N D:
The City' s CFF program was first instituted on October 10, 1990 to provide adequate capital facility improvements to serve new development within the City. Since then, the CFF program has been amended to ensure that new development pays its proportionate share of improvement costs needed as a result of new development.
In 2003, the CFF program was amended to include a broad range of capital facility fees and establish fees for a new development planned for the area West of I- 5, mainly River Islands and Mossdale Landing.
In 2005, the CFF program was amended to establish fees for new development in the Central Lathrop Specific Plan ( CLSP) area and followed with revisions in 2007, adding the offsite roadway intersection improvements and the surface water supply fee components for the CLSP area.
In 2010, the CFF program was amended to establish the North Lathrop Transportation Impact Fee for new development impacting the Roth Road/ I- 5 interchange and the associated frontage roads in the North Lathrop area.
In May 2018, the CFF program was amended to keep pace with the rising cost of infrastructure, facilities and land. This amendment included adjusting existing fees for inflation and updating project costs for the West/ Central Lathrop Regional Transportation CFF, Surface Water Supply CFF, and the Water System CFF and establishing a new Sewer/ Recycled Water System CFF for the CLSP area. 31 CITY MANAGER' S REPORT PAGE 2
JANUARY 10, 2022 CITY COUNCIL REGULAR MEETING
REVIEW OF THE CAPITAL FACILITY FEE FUNDS REPORT FOR FY 2020- 2021 In December 2018, the San Joaquin Area Flood Control Agency ( SJAFCA) Mossdale Tract Area Regional Urban Level of Flood Protection ( ULOP) Development Impact Fee DIF) agreement replaced Lathrop' s 2017 Interim Levee Fee for the Reclamation District 17 Urban Level of Flood Protection Levee System Improvements.
In February 2019, the CLSP CFF Study update established a new In- Lieu Community Parks Dedication Fee and adjusted existing fees for inflation and updated projects costs and fees for the West/ Central Lathrop Regional Transportation and the Sewer/ Recycled Water System. The CLSP Neighborhood Park Capital Facility Fee was updated in February 2021, to reflect the actual park development costs realized by the developer of the CLSP
In June 2019, the CLSP CFF Study established a new CFF for the Storm Drainage System Improvements - Watershed 2, Storm Drainage System Improvements - Watershed 4, Entitlements, and Prior Developer Account Open Items to reimburse the construction of storm drainage facilities and reimburse past expenditures associated with developing the CLSP area.
In October 2019, the South Lathrop Specific Plan ( SLSP) and the Lathrop Gateway Business Park Specific Plan ( LGBPSP) CFF Study provided an update to the CFF program for the SLSP area and established a fee program for the LGBPSP area. In May 2020, the CFF program was updated based on actual facility construction cost for SLSP and LGBPSP.
In February 2020, the Sewer Reimbursement CFF Study established a new Sewer Reimbursement fee for the construction of oversized sewer facilities including future construction of sewer facilities within the City.
The CFF program provides a source of revenue by which new development within the City will contribute their fair share of the costs that directly affect the need to construct infrastructure or expand community public facilities to meet growth needs.
The City' s CFF program funds improvements in the following categories:
1. Transportation
a. Local
b. Regional
2. Culture and Leisure
3. Municipal Services
4. Storm Drainage
5. Administration
6. San ) oaquin County Multi- Species Habitat
7. Environmental Mitigation
8. Park- In- Lieu
9. Water
10. Surface Water
11. Sewer
32 CITY MANAGER' S REPORT PAGE 3
JANUARY 10, 2022 CITY COUNCIL REGULAR MEETING
REVIEW OF THE CAPITAL FACILITY FEE FUNDS REPORT FOR FY 2020- 2021 The Annual CFF report ( Attachment A), required by California Government Code 66006 et seq., was developed to identify the balances of fees in the Capital Facility Fee funds. The annual report provides the following information for each fee:
a detailed description
the fee amount
beginning and ending balances for the fiscal year
fees collected and interest earned
transfers, refunds, and expenditures
The expenditures have been further broken down to identify the public improvements on which the fees were expended and the amount of expenditures for each improvement.
The Five- Year CFF Fund Report provides an overview of the improvement projects identified in the CFF program. The report lists the estimated cost for each project and the approximate date available. The fees and project costs are adjusted annually based on the annual changes to the Engineering News- Record Construction Cost Index ( ENR CCI). The annual adjustment utilizing the ENR CCI ensures the current cost of construction and appropriate fees reflect the effects of inflation.
REASON FOR RECOMMENDATION:
The attached report was made public on December 20, 2021 pursuant to Section 66006 et seq. of the California Government Code which requires a detailed report regarding collection and expenditure of fees in the CFF program. Pursuant to the California Government Code, the report is required to be made public and the City Council is required to review the information made available to the public at its next regular scheduled meeting.
FISCAL IMPACT:
The cost for this item was staff time and materials to complete the attached report.
ATTACH M ENTS:
A. Capital Facility Fee Funds Report for report period Fiscal Year 2020- 2021 33 CITY MANAGER' S REPORT PAGE 4
JANUARY 10, 2022 CITY COUNCIL REGULAR MEETING
B VIEW OF THE CAPITAL FACILITY FpR FY 2020-2021
APPROVALS:
2 -/ 2 l
ellal Nabizadah Date
Junior Engineer
G'- - 2 / 2 2 0 2 I
Michael King Date
Director of Public Works
M. rk Mei ner Date
irector f Community Development
12 2 • 2.o2J
achary s Date
Director P s & Recreation
f
f
z 1 LL- 1
Cari Ja es Date
Directo. of i ance
Z_ - Zo Z
Salvador Navarrete Date
City Attorney
2 21• 21
ephen J. Salvatore Date
City Manager
34 ATTACHMENT A
CitY of Lathro p
Capital Facility Fee Funds Report
2020 — 2021
Made Pursuant to Government Code
Section 66000 et seq.
Made Available for Public Review on:
December 20, 2021
City Council Agenda Date:
January 10, 2022
For further information, please contact:
Brad Taylor, Public Works Department
209) 941- 7438
35 r`:.:::
Capital Facility Fee Funds Report
Table of Contents
Capital Facility Fee Fund Listing
Regional Transportation Impact Fee— 2230 ...................................................................................... 3 Local Transportation Impact Fee— 2250............................................................................................ 5 Culture and Leisure Capital Facility Fee— 2260................................................................................ 8 Municipal Services Capital Facility Fee— 2270............................................................................... 11 Storm Drainage Capital Facility Fee— 2280 .................................................................................... 14 Administration Capital Facility Fee— 2290...................................................................................... 18 Environmental Mitigation Capital Facility Fee— 2310.................................................................... 20 Regional Levee Impact Fee— 2315 .................................................................................................. 22 West Central Lathrop Transportation Capital Facility Fee— 2320................................................... 24 West Lathrop Specific Plan Regional Transportation Impact Fee— 2330 ....................................... 26 Lathrop Local East— 2340 and Lathrop Local West - 2360........................................................... 28 Regional Transportation Impact Fee San Joaquin County— 2350................................................... 31 Regional Transportation Impact Fee San Joaquin Council of Governments 15°Io — 2370.............. 33 Offsite Roadway Improvements Capital Facility Fee— 2380 .......................................................... 35 North Lathrop Transportation Capital Facility Fee — 2420.............................................................. 37 Parkin Lieu— 3410........................................................................................................................... 39 Water Capital Facility Fee— 5610.................................................................................................... 41 Surface Water Capital Facility Fee— 5640....................................................................................... 45 Sewer Capital Facility Fee— 6030.................................................................................................... 48 Report Period: July 1, 2020 to June 30, 2021 Page 2
36 6:1'
Capital Facility Fee Funds Report
Regional Transportation Impact Fee— 2230
Regional Transportation Impact Fee — 2230
1. Fee Information
a. Description and History of Fee: This fee was collected to fund street improvements for Lathrop' s regional roadways. The fee originated in 1990 and was adopted by Lathrop City Council on October 10, 1990. The Regional Transportation Fee was calculated in coordination with the San Joaquin County Council of Governments to provide countywide transportation improvements for street and highway projects identified in the Congestion Management Program ( CMP). Improvements to both Lathrop and Interstate 5 are included in the CMP.
The fee was reevaluated in the November 1, 1994 CFF Update and was updated to reflect the effects of inflation. In addition, the McKinley Avenue and Yosemite Avenue Intersection Improvements were added to the CFF. Updates to the Regional fee were also done in September of 2003 and again in August of 2005. The 2003 and 2005 studies included adjusting the previous Capital Facility Fee in Historic Lathrop East) to reflect the effects of inflation.
The San Joaquin Regional Transportation Impact Fee ( RTIF) is automatically adjusted on an annual basis at the beginning of each fiscal year ( July 1) based on the Engineering News Record California Construction Code Index ( CCCI).
b. Amount of Fee: The Regional Transportation Fee was changed to the San Joaquin Regional Transportation Impact Fee ( RTIF) as of February 20, 2006. Funds collected as a result of the newly adopted fee are reported in Funds 2340 and 2360. As of February 20, 2006, the Regional Transportation Fee is no longer collected.
Land Use T e Unit FY 20/ 21
Residential ( Single- Family) DUE 0-
Residential ( Multi-Family) DUE 0-
Retail Sq. Ft 0-
Office Sq. Ft 0-
Commercial/ Industrial Sq. Ft 0-
Report Period: July 1, 2020 to June 30, 2021 Page 3
37 Capital Facility Fee Funds Report
Regional Transportation Impact Fee— 2230
2. Fund Information ( During Reporting Period)
Source Amount
a. Beginning Fund Balance as of July 1, 2020
b. Fees Collected
c. Interest Earned
d. Ex enditures
e. Transfer Out
f. Refunds
g. Ending Fund Balance as of June 30, 2021
2d. Expenditure Summary: Identification of each improvement on which reportable fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that was funded with reportable fees:
Were funds from Fund 2230 expended during the reporting period? No 2e. Description of Transfers and Loans made from fund.
Were funds from Fund 2230 transferred or loaned during the reporting period? No 2f. Description of refunds made during reporting period.
Were funds from Fund 2230 refunded during this reporting period? No
3. Planned Projects for Fiscal Year 2021- 22: Identification of each improvement on which reportable fees will be expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that will be funded with reportable fees:
The Regional Transportation Impact Fee Fund 2230 does not currently have funds appropriated to any Capital Improvement Program ( CIP) Projects far Fiscal Year 2021- 22. Please refer to the City' s 2021- 2026 Capital Improvement Program adopted by City Council June 2, 2021, Resolution 21- 4884.
Report Period: July 1, 2020 to June 30, 2021 Page 4
38 Capital Facility Fee Funds Report
Local Transportation Impact Fee— 2250
Local Transportation Impact Fee — 2250
1. Fee Information
a. Description and History of Fee: This fee is collected to fund street improvements for existing city streets to accommodate for increased road usage due to new development. The Crossroads fee is an exception in that it is collected to reimburse the developer for infrastructure that was built with the original project.
The fee originated in 1990 and was adopted by the Lathrop City Council on October 10, 1990. The original fee was designed to fund the widening of local roads from two lanes to four lanes as well as the addition of traffic signals and turning lanes to increase the capacity of intersections. In 1990 the Engineering Report for the Lathrop Traffic Mitigation Fee identified an estimated $ 6. 4 million in signal system, intersection and road widening improvements.
An update to the fee was adopted by the Lathrop City Council and adopted on November 1, 1994. The update included the same projects that were included in the original Capital Facility Fees ( CFF), with the exception of Louise Avenue and the addition of the McKinley Avenue Mainline Improvements. The widening and improvements of Louise Avenue between Harlan Road and Fifth Street were completed priar to the 1994 update ( with CFF funds as a contributing source) which is why Louise Avenue was omitted from the 1994 update.
The Local Transportation CFF was reevaluated in September 2, 2003 and again in August 1, 2005. The studies included adjusting the previous CFF in Historic Lathrop (East) to reflect the effects of inflation.
On August 3, 2015 City Council approved entitlements for the South Lathrop Specific Plan (SLSP) area.
The entitlements required an update to the CFF program to establish fees to fund the improvements for the SLSP area. The SLSP CFF Study" Nexus Study" adopted on March 12, 2018 identified approximately
65. 8 million in interchange improvements, road- widening improvements, and railroad crossing improvements. In October 2019 the SLSP and the Lathrop Gateway Business Park Specific Plan LGBPSP) CFF study provided an update to the CFF program for the SLSP area and established a fee program for the LGBPSP area. The LGBPSP CFF Study identified approximately $ 56. 7 million in transportation improvements. In May 2020 the CFF program was updated based on actual facility construction cost for SLSP and LGBPSP.
b. Amount of Fee: The amount of the fee varies by land use type and location.
East Lathrop/North Harlan Unit July 1, 2020 to Jan. 1, 2021 to Land Use T e Dec. 31, 2020 June 30, 2021 `
Single Family Residential DU 3, 725 3, 805
Multi-Family Residential DU 2, 739 2, 798
Commercial 1, 000 sqft $ 5, 087 5, 196
Industrial/ Warehouse 1, 000 sqft $ 1, 498 1, 530
Crossroads Unit July l, 2020 to Jan. 1,' 2021 to
Land Use T e Dec. 31, 2020 June 30, 2021;
Commercial Acre 30, 792 31, 454
Industrial 1, 000 sqft $ 1, 118 1, 142
Report Period: July l, 2020 to June 30, 2021 Page 5
39 s`.
Capital Facility Fee Funds Report
Local Transportation Impact Fee- 2250
South Lathrop Specific Unit Julv l, 2020 to Jan.' 1, 2021 to Plan- SLCC Plan Land Use Dec. 31, 2020 June 30, 2021
T e
Industrial/ 1, 000 sqft
Limited Industrial
1, 340 1, 369
Office Commercial 1, 000 sqft $ 20, 539 20, 980
Retail Commercial 1, 000 sqft $ -
Warehouse 1, 000 sqft $ 1, 340 1, 369
South Lathrop Specific Unit July l, 2020 to ` Jan. 1,` 2021 to P1an- Non SLCC Plan Dec. 3l, 2020 June 30,' 2021
Land Use T e
Industrial/ 1, 000 sqft
Limited Industrial
1, 340 1, 369
Office Commercial 1, 000 s ft $ 20, 539 20, 980
Retail Commercial 1, 000 s ft $ -
Warehouse 1, 000 sqft $ 1, 340 1, 369
Gateway Business Park Unit July 1, 2020 to Jan. 1, 2021 to Specific P1an Land Use Dec. 31, 2020 June 30, 2021
T e
Industrial/ 1, 000 sqft
Limited Industrial
1, 336 1, 365
Office Commercial 1, 000 sqft $ 17, 230 17, 600
Retail Commercial 1, 000 sqft $ 6, 049 6, 179
Warehouse 1, 000 sqft $ 1, 336 1, 365
2. Fund Information ( During Reporting Period)
Source Amount
a. Beginning Fund Balance as of July 1, 2020 2, 675, 770 b. Fees Collected 2, 615, 061
c. Interest Earned 20, 980
d. Expenditures
e. Transfers Out 4, 096, 000)
f. Refunds
g. Ending Fund Balance as of June 30, 2021 1, 215, 811
Report Period: July 1, 2020 to June 30, 2021 Page 6
40 Capital Facility Fee Funds Report
Local Transportation Impact Fee— 2250
2d. Expenditure Summary: Identification of each improvement on which reportable fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that was funded with reportable fees:
Were funds from Fund 2250 expended during the reporting period? No 2e. Description of Transfers and Loans made from fund.
Were funds from Fund 2250 transferred or loaned during the reporting period? Yes A total of$ 4, 096, 000 was transferred from Fund 2250 to the following projects:
1, 776, 000 to the Louise Avenue and I-5 Improvements Project PS 06- 06 2, 320, 000 to the State Route 120 and Yosemite Avenue Interchange Project PS 17- 09 2f. Description of refunds made during reporting period.
Were funds from Fund 2250 refunded during this reporting period? No
3. Planned Projects for Fiscal Year 2021- 22: Identi cation of each improvement on which reportable fees will be expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that will be funded with reportable fees:
The Local Transportation Impact Fee Fund 2250 does not currently have funds appropriated to the Capital Improvement Program( CIP) Project listed below for Fiscal Year 2021- 22. Please refer to the City' s 2021- 2026 Capital Improvement Program adopted by City Council June 2, 2021, Resolution 21- 4884.
Report Period: July 1, 2020 to June 30, 2021 Page 7
41 Capital Facility Fee Funds Report
Culture and Leisure Capital Facility Fee— 2260
Culture and Leisure Capital Facilit_y Fee — 2260
1. Fee Information
a. Description and History of Fee: The Culture and Leisure Capital Facility Fee is collected to fund costs for the completion of Neighborhood, Community and Linear Parks, a Library, Cultural Center, Senior Center and Community Center.
The Culture and Leisure Capital Facility Fee was first implemented with the adoption of the October 10, 1990 CFF Study Report. The original fee collected funds merely for Parks and a Library. The Capital Facility Fee program was reevaluated in 1994 and in addition to a park and library component, a component for a cultural center was added. Adopting this change increased the fee for both Single Family from $ 1, 627 to $ 1, 789) and Multi- Family ( from $ 1, 084 to $ 1, 295) residential dwelling units.
In September of 2003, the City Council again adopted a revision to the Culture and Leisure CFF. This amendment to the CFF was implemented to capture the new direction in which the City was headed. The City has since approved planned communities, that combined exceed 17, 000 new homes, for Mossdale Landing, Central Lathrop Specific Plan Area and River Islands. These communities have pushed Lathrop' s population well over the 12, 980 projection for year 2010 ( as of January 2011, the City of Lathrop' s population was estimated at over 18, 656) hence the need for an increase in facilities. The 2003 update increased the fee significantly for both Single Family and Multi-Family residential dwelling units and added a Senior Center to the list of facilities.
The 2005 update to the Culture and Leisure CFF split the fee into two separate components; Parks and Facilities. This was done to ensure enough monies were collected for both areas of culture and leisure as well as to ensure the importance of both sub- components. This update also included an increase to capture the effects of inflation.
The Culture and Leisure CFF was reevaluated May 3, 2018 adjusting the previous CFF to reflect the effects of inflation. The studies also included adjusting the total library space to 31, 100 square feet at build out as well as a reduction in the library square footage standard to 475 square feet per 1, 000 residents.
Additionally, the 5. 76 acre of land associated with the Generation Center was added to the CFF program with no net increase to the CFF rates for the Culture and Leisure Facility sub- component.
The Central Lathrop Specific Plan ( CLSP) Neighborhood Park Capital Facility Fee was updated on February 8, 2021, to be consistent with the actual park development costs realized by the primary developer of the CLSP. The cost to construct the CLSP neighborhood park improvement was estimated to be$ 298, 501 per acre in the development agreement. Subsequently, it was inflated to $322, 625 per acre in 2020, based on the ENR 20- City Construction Cost Index ( the" CCP'). Based on the actual development costs for the Phase lA Neighborhood Park constructed by Saybrook in 2020, the total cost increased to 390, 251 per acre.
Report Period: July 1, 2020 to June 30, 2021 Page 8
42 0\ ri•
Capital Facility Fee Funds Report
Culture and Leisure Capital Facility Fee- 2260
b. Amount of Fee: The amount of the fee varies by land use type and location.
Accounting Period
July 1, 2020 to Dec. 31, 2020 January 1, 2021 to June 30, 2021 Historical
Central Lathrop North
Historical Lathrop Lathrop
Harlan Central Lathrop
Land Use Type ( Unit) North Harlan Mossdale
Mossdale Village Village
Sin le Family ( DU)
Neighborhood Parks 5, 784 2, 347 5, 909 4, 113
Community/ Linear
Parks
4, 009 4, 095
Facilities 3, 544 3, 544 3, 620 3, 620
Multi-Family( DU)
Neighborhood Parks 4, 131 1, 677 4, 220 2, 938
Community/ Linear
Parks
2, 864 2, 925
Facilities 2, 530 2, 530 2, 585 2, 585
Accounting Period
July 1, 2020 to Dec. 31, 2020 January 1, 2021 to June 30, 2021 Land Use Type ( Unit) Mossdale Landing Stewart Tract Mossdale Landing Stewart Tract Sin le Family (DU)
Parks 5, 783 5, 907
Facilities 2, 322 3, 544 2, 372 3, 620
Multi- Family( DU)
Parks 4, 130 4, 218
Facilities 1, 658 2, 530 1, 693 2, 585
2. Fund Information ( During Reporting Period)
Source Amount
a. Beginning Fund Balance as
of July 1, 2020 9, 811, 025
b. Fees Collected 4, 220, 332
c. Interest Earned 79, 997
d. Expenditures
e. Transfers Out 803, 000)
f. Refunds
g. Ending Fund Balance as of
June 30, 2021 13, 308, 354
Report Period: July 1, 2020 to June 30, 2021 Page 9
43 Capital Facility Fee Funds Report
Culture and Leisure Capital Facility Fee— 2260
2d. Expenditure Summary: Identification of each improvement on which reportable fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that was funded with reportable fees:
Were funds from Fund 2260 expended during the reporting period? No 2e. Transfers and Loans: Description of Transfers and Loans made from fund.
Were funds from Fund 2260 transferred or loaned during the reporting period? Yes A total of$ 803, 000 was transferred from Fund 2260 to the following projects; 500,000 to the Sangalang Park Improvements Project PK 20- 18 303, 000 to the Lathrop Generations Center Improvements Project PK 20- 23 2f. Refunds: Description of refunds made during reporting period.
Were funds from Fund 2260 refunded during this reporting period? No
3. Planned Projects for Fiscal Year 2021- 22: Identification of each improvement on which reportable fees will be expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that will be funded with reportable fees:
The Culture and Leisure Capital Facility Fee Fund 2260 does not currently have funds appropriated to any Capital Improvement Program ( CIP) Projects for Fiscal Year 2021- 22. Please refer to the City' s 2021- 2026 Capital Improvement Program adopted by City Council June 2, 2021, Resolution 21- 4884.
Report Period: July 1, 2020 to June 30, 2021 Page 10
44 Capital Facility Fee Funds Report
Municipal Services Capital Facility Fee— 2270
Municipal Services Capital Facility Fee — 2270
1. Fee Information
a. Description and History of Fee: The Municipal Services Capital Facility Fee is collected to fund costs related to a new City Hall, Police Station, Corporation Yard and Animal Shelter needed to support the growth of the City.
The Municipal (City) Services Capital Facility Fee ( CFF) was first implemented with the adoption of the October 10, 1990 CFF Study Report. The original fee collected monies to fund a new city hall, police station and a corporation yard for field staff ( operations and maintenance). The Capital Facility Fee program was reevaluated in 1994 and in addition to the facilities previously adopted with the original study; a component for an Animal Control Facility was added. Adopting this change increased the fee for residential land use types as well as for commercial and industrial.
In September of 2003, the City Council again adopted a revision to the Municipal Services CFF. This amendment to the CFF was implemented to ensure that the City was collecting enough monies to fund the facilities needed to accommodate new development as the existing facilities (excluding city ha11) do not meet the City' s service level standards.
The City currently contracts with the City of Manteca for its animal control shelter facilities since Lathrop does not have one of its own.
The City' s Police Services Department, which is currently contracted with the San Joaquin County Sheriff' s Department, is too small to expand for the City' s anticipated growth. At build out there will not be enough room to expand for the projected 1. 5 sworn peace officers per 1, 000 residents.
The Corporation Yard facility that houses most of the City' s field staff( maintenance and operations) as well as much of the city' s equipment and vehicles is too small to accommodate for growth.
A 2005 update to the Municipal Services CFF increased the fee to reflect the effects of inflation.
Additionally, a Performing Arts Center was added to accommodate the City' s growing population and a Wireless Network was added to ensure that the City is keeping up with technology to offer residents and employees the highest level of service.
On August 3, 2015 City Council approved entitlements for the South Lathrop Specific Plan ( SLSP) area.
The entitlements required an update to the CFF program to establish fees to fund the improvements for the SLSP area. The SLSP CFF Study " Nexus Study" adopted on March 12, 2018 identified SLSP will also be subject fund future development fair share of the cost of municipal buildings and facilities.
Report Period: July 1, 2020 to June 30, 2021 Page 11
45 i\,
Capital Facility Fee Funds Report
Municipal Services Capital Facility Fee— 2270
b. About the Fee: The amount of the fee varies by land use type and location. The fees are as follows:
Accounting Period
July 1, 2020 to January 1, 2021 to
December 31, 2020 June 30, 2021
East Lathrop/ North Harlan/ East Lathrop/ North Harlan/ Land Use Type ( Unit) Mossdale Village/ Mossdale Village/ Crossroads/ Crossroads/
Central Lathrop/ Stewart Tract Central Lathrop/ Stewart Tract Single Family ( DU)
3, 970 4, 055
Residential
Multi- Family ( DU)
2, g35 2, 896
Residential
Service Retail
2, 587 2,643
Per 1, 000 sf.)
Other Non- Residential
1, 566 1, 599
Per 1, 000 sf.).
Accounting Period
July 1, 2020 to January 1, 2021 to
December 31, 2020 June 30, 2021
Land Use Type Mossdale Landing Mossdale Landing
Single Family
Residential
3, 900 3, 983
Multi- Family 2 g6 2, 846
Residential
Service Retail
2, 532 2, 586
Per 1, 000 s£)
Other Non- Residential
1, 532 1, 565
Per 1, 000 sf.)
Accounting Period
July 1, 2020 to January 1, 2021 to
December 31, 2020 June 30, 2021
South Lathrop Specific Plan— South Lathrop Specific Plan— Land Use Type SLCC/ Non SLCC, SLCC/ Non SLCC,
Gateway Business Park Gateway Business Park
Service Retail
Per 1, 000 sf.)
2, 587 2, 643
Other Non- Residential
1, 566 1, 599
Per 1, 000 sf.)
Report Period: July 1, 2020 to June 30, 2021 Page 12
46 Capital Facility Fee Funds Report
Municipal Services Capital Facility Fee— 2270
2. Fund Information ( During Reporting Period)
Source Amount
a. Beginning Fund Balance as of July 1, 2020 8, 724,241 b. Fees Collected 9, 380, 514
c. Interest Earned 87, 644
d. Expenditures 385, 425)
e. Transfers Out 3, 880, 600)
f. Refunds
g. Ending Fund Balance as of June 30, 2021 13, 926, 375 2d. Expenditure Summary: Identification of each improvement on which reportable fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that was funded with reportable fees:
Were funds from Fund 2270 expended during the reporting period? Yes A total of$ 385, 425 was expensed from Fund 2270 to the City Hall Facility service debt. 2e. Description of Transfers and Loans made from fund.
Were funds from Fund 2270 transferred or loaned during the reporting period? Yes A total of$ 3, 380, 600 was transferred from Fund 2270 to Police Building Project, GG 19- 08. 2f. Description of refunds made during reporting period.
Were funds from Fund 2270 refunded during this reporting period? No
3. Planned Projects for Fiscal Year 2021- 22: Identification of each improvement on which reportable fees will be expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that will be funded with reportable fees:
The Municipal Services Fee Fund 2270 currently has funds appropriated to the Capital Improvement Program( CIP) Project listed below for Fiscal Year 2021- 22. Please refer to the City' s 2021- 2026 Capital Improvement Program adopted by City Council June 2, 2021, Resolution 21- 4884.
Pro' ect Amount ' % of Im rovements
Police Building, GG 19- 08 4,000, 414 98
Corp Yard Improvements, GG 21- 13 $ 750, 000 100
Total 4, 750, 414
Report Period: July l, 2020 to June 30, 2021 Page 13
47 L l
Capital Facilities Fee Funds Report
Storm Drainage Capital Facility Fee— 2280
Storm Drainage Capital Facility Fee — 2280
1. Fee Information
a. Descri tion and History of Fee: This Storm Drainage Capital Facility Fee ( CFF) is collected to fund storm drainage improvements to support new development. The Crossroads fee is an exception in that it is collected to reimburse the developer for infrastructure that was built with the original project.
On February 20, 1987, San Joaquin County Ordinance Number 3297 established a fee of$ 1, 000 per gross acre of land to reimburse the costs of establishing the storm drain system known as " City Service Zone 1". This fee was to be updated every year by the Engineering News Record (ENR) Construction Cost Index for inflation.
On July 7, 1992, the City adopted a Storm Drain Master Plan which identified the facilities in place, existing deficiencies, and needed improvements for terminal storm drainage in areas of the eXisting City and surrounding area. Storm drainage CFFs were established in 1994. The City' s only terminal storm drain system consisted of the farmer County Service area 4, Zones A & B ( designed by the County), which included most of the populated areas of the City at that time. This system has been expanded on several occasions as a result of new growth and has been re- designated as " Storm Drain City Zone 1".
The Storm Drainage Capital Facility Fee was reevaluated in September 2, 2003 and again in August 1, 2005. The studies included adjusting the previous Capital Facility Fee in Historic Lathrop ( East) to reflect the effects of inflation. Additionally, new CFF fees were established for the Mossdale development area to be used as funding for the improvement the development community would be constructing.
New development that occurs in the areas surrounding City Zone 1 must pay a fee to the Area of Benefit District No. 6, which was established by San Joaquin County ( Ord. 3297) to reimburse the capital costs of constructing the trunk and outfalllines of the current system.
On August 3, 2015 City Council approved entitlements for the South Lathrop Specific Plan ( SLSP) area.
The entitlements required an update to the CFF program to establish fees to fund the improvements for the SLSP area. The SLSP CFF Study" Nexus Study" adopted on March 12, 2018 identified approximately
1. 7 million to construct an outfall facility that would be allocated equally to the three developments that will benefit from this facility.
In June 2019, the Central Lathrop Specific Plan ( CLSP) CFF Study established a fee program for the CLSP area. The CLSP CFF Study identified approximately$ 13. 9 million storm drainage improvements.
In October 2019 the SLSP and the Lathrop Gateway Business Park Specific Plan ( LGBPSP) CFF study provided an update to the CFF program for the SLSP area and established a fee program for the LGBPSP area. The LGBPSP CFF Study identified approximately $ 12. 8 million storm drainage facilities improvements. In May 2020, the CFF program was updated based on actual facility construction cost for SLSP and LGBPSP.
Report Period: July 1, 2020 to June 30, 2021 Page 14
48 q N.H
5. Capital Facilities Fee Funds Report
Storm Drainage Capital Facility Fee- 2280
b. Amount of Fee: The amount of the fee varies by land use type and location.
July 1, 2020 to January l, 2021 to'
December 31, 2021 June 30, : 2021
Land Use Type Unit East North Mossdale East ` North Mossdale Lathro Harlan Lathro Harlan
Low Density Residential DU $ 935 935 $ 357 956 956 365
Medium Density Residential DU 245 251
High Density Residential DU 192 196
Village Commercial Acre
Service Commercial Acre $ 6, 431 $ 6, 431 $ 4, 429 $ 6, 570 $ 6, 570 $ 4, 524 Freeway Commercial Acre $ 11, 541 $ 11, 541 $ 4, 429 $ 11, 789 $ 11, 789 $ 4, 524 Neighborhood Commercial Acre $ 2, 857 $ 2, 857 $ 4, 429 $ 2, 918 $ 2, 918 $ 4, 524 Limited Industrial Zone 5 Acre $ 8, 977 $ 8, 977 9, 170 $ 9, 170 Limited Industrial Other Zones Acre $ 5, 004 $ 5, 004 5, 1 ll $5, 111 GeneralIndustrial Acre $ 6, 076 $ 6, 076 6, 206 $ 6, 206 Transit Station ( Lathrop Road) Acre $ 5, 717 $ 5, 717 5, 840 $ 5, 840 Fire Station ( Yosemite) Acre $ 6, 431 $ 6, 431 6, 570 $ 6, 570 Area of Benefit 6 Acre $ 2, 493 2, 547
Crossroads Land Use Tvpe Unit July 1, 2020 to Jan. 1, 2021 to Dec. 31, 2020 June 30, 2021
Onsite Acre 13, 327 13, 614
Offsite Acre 7, 600 7, 763
July 1, 2020 to January l, 2021 to
December 31, 2020 June 30, 2021
Land Use Type Unit CLSP CLSP CLSP CLSP
Storm Drainage ( Storm Drainage ( Storm Drainage ( Storm Drainage WS2) WS4) WS2) WS4)
All Development Acre 47, 649 36, 039 48, 673 36, 813
July 1, 2020 to January 1, 2021 to
December 31, 2020 June 30, 2021
Land Use Type Unit SLSP SLSP SLSP SLSP
Storm Drainag ( Regional Storm Drainage) ( Regional
Storm Drainage) Storm Draina e)
OFC Commercial 1, 000 sf. $ 63, 997 4, 901 65, 372 5, 006 Limited WHS 1, 000 sf. $ 63, 997 4, 901 65, 372 5, 006
Warehouse 1, 000 sf. $ 63, 997 4, 901 65, 372 5, 006
Report Period: July 1, 2020 to June 30, 2021 Page 15
49 Capital Facilities Fee Funds Report
Storm Drainage Capital Facility Fee— 2280
July 1, 2020 to 7anuary l, 2021 to
December 31, 2020 June 30, 2021
Land Use Type Unit Lathrop Gateway Lathrop Gateway Lathrop Gateway Lathrop Gateway Storm Drainage) ( Regional Storm Drainage) ( Regional
Storm Draina e) Storm Draina e)
Shopping Center 1, 000 sf. $ 3, 845 364 3, 927 372
Office Park 1, 000 sf. $ 3, 373 319 3, 445 326
Industrial Park 1, 000 sf. $ 2, 086 197 2, 131 201
Warehouse 1, 000 sf. $ 2, 086 197 2, 131 201
2. Fund Information (During Reporting Period)
Source Amount
a. Beginning Fund Balance as of July 1, 2020 353, 546
b. Fees Collected 1, 649, 684
c. Interest Earned 1, 703)
d. Expenditures 1, 895, 971)
e. Transfers Out
f. Refunds
g. Ending Fund Balance as of June 30, 2021 105, 555
2d. Expenditure Summary: Identi cation of each improvement on which reportable fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that was funded with reportable fees:
Were funds from Fund 2280 expended during the reporting period? Yes A total of$ 1, 895,971 was expensed from Fund 2280 to the following projects; 243, 763 for the City' s share of the South Lathrop' s Regional Outfall Structure. 1, 218, 816 for Gateway' s share of the South Lathrop' s Regional Outfall Structure 433, 392 to reimburse developers for constructing public improvements 2e. Description of Transfers and Loans made from fund.
Were funds from Fund 2280 transferred or loaned during the reporting period? No 2f. Description of refunds made during reporting period.
Were funds from Fund 2280 refunded during this reporting period? No
3. Planned Projects for Fiscal Year 2021- 22: Identi cation of each improvement on which reportable fees will be expended and the amount of the expenditures on each improvement, Report Period: July 1, 2020 to June 30, 2021 Page 16
50 i: Z;.
Capital Facilities Fee Funds Report
Storm Drainage Capital Facility Fee— 2280
including the total percentage of the cost of each project of the district that will be funded with reportable fees:
The Storm Drainage Capital Facility Fee Fund 2290 currently has funds appropriated to any Capital Improvement Program ( CIP) Projects for Fiscal Year 2021- 22. Please refer to the City' s 2021- 2026 Capital Improvement Program adopted by City Council June 2, 2021, Resolution 21- 4884.
Pro' ect Amount ° Io of Tm rovements
Citywide Cathodic Protection 80, 000 50
Maintenance, GG 22- 02
Total 80,000
Repart Period: July 1, 2020 to June 30, 2021 Page 17
51 yek
Capital Facilities Fee Funds Report
Administration Capital Facility Fee— 2290
Administration Capital Facility Fee — 2290
l. Fee Information
a. Description and History of Fee: The purpose of the capital facility fee program is to provide a source of revenue by which new development within the City will contribute a fair and proportionate share of the cost of providing infrastructure and community facilities commensurate with the benefits received. Under Government Code Section 66000 et seq., the City is required to separately account for revenues and expenditures within the capital facilities fee funds and is allowed to apply an appropriate fee for administration of Transportation, Municipal Services, Culture and Leisure, and Regional Levee Fees as identified in the report titled " City of Lathrop Capital Facilities Fees, As Amended September 2, 2003" and the " Mossdale Tract Area Regional Urban Level of Flood Protection Levee Impact Fee, Nexus Study, Adopted by SJAFCA, Resolution No. 18- 21, November 8, 2018".
In June 2019, the Central Lathrop Specific Plan (CLSP) CFF Study established fees to reimburse past expenditures associated with developing the CLSP area. In October 2019, the Lathrop Gateway Business Park Specific Plan ( LGBPSP) CFF study established a fee program. In May 2020, the CFF program was updated based on actual facility construction costs for the SLSP and LGBPSP development areas.
b. Amount of Fee: This fee is calculated as a percentage of the capital facilities fees charged prior to issuance of the building permit. Currently the fee is 3% of all capital facility fees applicable to the project.
2. Fund Information ( During Reporting Period)
Source Amount
a. Beginning Fund Balance as of July 1, 2020 1, 136, 442 b. Fees Collected 1, 145, 622
c. Interest Earned 12, 173
d. Expenditures
e. Transfers Out 60, 006)
f. Refunds
g. Ending Fund Balance as of June 30, 2021 2, 234, 231
2d. Expenditure Summary: Identification of each improvement on which reportable fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that was funded with reportable fees:
Were funds from Fund 2290 expended during the reporting period? No 2e. Description of Transfers and Loans made from fund.
Were funds from Fund 2290 transferred or loaned during the reporting period? Yes A total of $ 60,006 was transferred from Fund 2290 to cover the Capital Facility Fee Program administration costs.
Report Period: July 1, 2020 to June 30, 2021 Page 18
52 z A i
Capital Facilities Fee Funds Report
Administration Capital Facility Fee— 2290
2f. Description of refunds made during reporting period.
Were funds from Fund 2290 refunded during this reporting period? No
3. Planned Projects for Fiscal Year 2021- 22: Identification of each improvement on which reportable fees will be expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that will be funded with reportable fees:
The Administration Capital Facility Fee Fund 2290 does not currently have funds appropriated to any Capital Improvement Program ( CIP) Projects for Fiscal Year 2021- 22. Please refer to the City' s 2021- 2026 Capital Improvement Program adopted by City Council June 2, 2021, Resolution 21- 4884.
Report Period: July 1, 2020 to June 30, 2021 Page 19
53 Capital Facilities Fee Funds Report
Environmental Mitigation Capital Facility Fee— 2310
Environmental Miti ation Capital Facility Fee — 2310
1. Fee Information
a. Description and History of Fee: One of the environmental mitigation measures required in relation to development on the west side of Interstate 5 is the protection of habitat for the Riparian Brush Rabbit. To meet this requirement, land in the " oxbow" along the San Joaquin River was acquired, fenced, and maintained as protected habitat. This fee will be used to acquire the land and construct a fence needed to protect the rabbit as identified in the report titled " City of Lathrop Capital Facilities Fees, As Amended September 2, 2003." Ongoing maintenance costs are to be funded through an endowment or other means, and are not included herein.
b. Amount of Fee: The amount of the fee varies by land use type and location and is only applicable to the Mossdale Landing area.
July l, 2020 to January l, 2021 to
December 31, 2020 June 30, 2021
Low Density Residential 209 213
Medium Density 118 121
Residential
High Density Residential 43 44
Village Commercial 998 1, 020
Service Commercial 998 1, 020
Freeway Commercial 998 1, 020
Waterfront Resort 998 1, 020
Commercial
2. Fund Information During Reporting Period
Source Amount
a. Beginning Fund Balance as of July 1, 2020
b. Fees Collected 8, 772
c. Interest Earned 8
d. Expenditures 8, 780)
e. Transfers Out
f. Refunds
g. Ending Fund Balance as of June 30, 2021
Report Period: July 1, 2020 to June 30, 2021 Page 20
54 Capital Facilities Fee Funds Report
Environmental Mitigation Capital Facility Fee— 2310
2d. Expenditure Summary: Identification of each improvement on which reportable fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that was funded with reportable fees:
Were funds from Fund 2310 expended during the reporting period? Yes A total of $ 8, 780 was expensed from Fund 2310 to reimbursed developers for constructing public improvements.
2e. Description of Transfers and Loans made from fund.
Were funds from Fund 2310 transferred or loaned during the reporting period? No 2f. Description of refunds made during reporting period.
Were funds from Fund 2310 refunded during this reporting period? No
3. Planned Projects for Fiscal Year 2021- 2022: Identification of each improvement on which reportable fees will be expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that will be funded with reportable fees:
The Environmental Mitigation Fund 2310 does not currently have funds appropriated to any Capital Improvement Program ( CIP) Projects for Fiscal Year 2021- 22. Please refer to the City' s 2021- 2026 Capital Improvement Program adopted by City Council June 2, 2021, Resolution 21- 4884.
Report Period: July 1, 2020 to June 30, 2021 Page 21
55 a` aw.
Capital Facilities Fee Funds Report
Regional Levee Impact Fee— 2315
Re ional Levee Impact Fee — 2315
1. Fee Information
a. Description and History of Fee: In 2007, the legislature passed California State Bill 5 ( SBS), which requires the state to develop and adopt a comprehensive Central Valley Flood Protection Plan ( CVFPP), The CVFPP was approved by the Central Valley Flood Protection Board in June 2012. In January 2017, Lathrop City Council approved the Interim Urban Levee of Flood Protection Levee Impact Fee ( Nexus Study), Ordinance No. 17- 374, adding the fee to the Capital Facility Fee Program to fund the design and construction of levee system improvements to provide 200- year flood protection to the Reclamation District 17 area.
On December 10, 2018, Lathrop City Council approved the Regional Levee Impact Fee Collection Agreement with San Joaquin Area Flood Control Agency ( SJAFCA) and Cities of Lathrop, Manteca, Stockton and San Joaquin County for the collection of the San Joaquin Area Flood Control Agency Mossdale Tract Area Regional Urban Levee Flood Protection Development Impact Fee. Replacing the Interim Urban Levee of Flood Protection Levee Impact Fee as a result. The Regional Levee Impact Fee is collected by the Land Use Agencies in accordance with the agreement for collection of the San Joaquin Area Flood Control Agency Mossdale Tract Area Regional Urban Level of Flood Protection Development Impact Fee.
b. Amount of Fee: The amount of the fee varies by planned new development land use type.
Unit July 1, 2020 to , January 1, 2021 to
December 3l, 2020 June 30, 2021
Land Use Type Per Gross Levee Impact Admin Fee Levee Impact Admin Fee Develo able
Single Family— Acre 18, 448 571 18, 448 571
Residential
Multi- Family - Acre 16, 799 520 16, 799 520
Residential
Commercial Acre 17, 472 540 17, 472 540
Industrial Acre 14, 537 450 14, 537 450
2. Fund Information During Reporting Period
Source Amount
a. Beginning Fund Balance as of July 1, 2020 269
b. Fees Collected 3, 934, 845
c. Interest Earned 269)
d. Expenditures 3, 934, 845)
e. Transfers Out
f. Refunds
g. Ending Fund Balance as of June 30, 2021
Report Period: July 1, 2020 to June 30, 2021 Page 22
56 Capital Facilities Fee Funds Report
Regional Levee Impact Fee— 2315
2d. Expenditure Summary: Identification of each improvement on which reportable fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that was funded with reportable fees:
Were funds from Fund 2315 expended during the reporting period? Yes A total of$ 3, 934, 845 was expensed from Fund 2315 to SJAFCA pursuant to the approved Regional Levee Impact Fee Collection Agreement for the Mossdale Tract Area Regional Urban Levee Flood Protection Development Impact Fee.
2e. Description of Transfers and Loans made from fund.
Were funds from Fund 2315 transferred or loaned during the reporting period? No 2f. Description of refunds made during reporting period.
Were funds from Fund 2315 refunded during this reporting period? No
3. Planned Projects for Fiscal Year 2021- 2022: Identification of each improvement on which reportable fees will be expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that will be funded with reportable fees:
The Regional Levee Impact Fee Fund 2351 will not have funds appropriated to any Capital Improvement Program ( CIP) Projects. Its purpose is to collect and transmit the development impact fee to SJAFCA to fund construction of the development impact fee projects identified in the Mossdale Tract Area Regional Urban Level of Flood Protection Levee Impact Fee Study " Final Nexus Study" adopted November 8, 2018, SJAFCA, Resolution No. 18- 21.
Report Period: July 1, 2020 to June 30, 2021 Page 23
57 a\ a
i. e
Capital Facilities Fee Funds Report
West Central Lathrop Transpartation Capital Facility Fee- 2320 West Central Lathrop Transportation Cauital Facilit_y Fee - 2320
1. Fee Information
a. Description and History of Fee: The West/ Central Lathrop Regional Transportation Fee is a supplemental fee collected, in conjunction with the original 1997 WLSP ( West Lathrop Specific Plan) Regional Transportation Fee, in order to fund traffic improvements needed as a result of new development.
Negotiations between developers and City staff concluded that a West/ Central Lathrop Regional Traffic Impact Fee would be added to the Capital Facilities Fee ( CFF) Program that would help to fund projects identified in the 1997 WLSP Regional Fee as well as to fund newly added improvements.
The W/C Lathrop Regional Transportation Fee was derived as a result of a traffic study performed by TJKM Transpartation Consultants that evaluated trips to / from the regional areas of Lathrop to / from five major service areas within Lathrop: Central Lathrop Specific Plan Area, Mossdale Village, River Islands, Historic Lathrop and area outside of the city limits.
The West Central Lathrop Transportation CFF was reevaluated January 23, 2019. After further review City staff found the project cost were consistent with current cost estimates to construct the improvements with exception of the Louise Avenue Interchange and the Paradise Avenue Interchange improvements.
As a result, the fee study includes adjusting the previous CFF to reflect the effects of inflation as well as an increase to the rates for Central Lathrop, Mossdale Village and River Islands. b. Amount of Fee: The amount of the fee varies by land use type and location.
July 1, 2020 to December 31, 2020
Mossdale
Mossdale Landing , ML Central River Islands'-
Land Use T e' Unit Villa e East, ML South Lathro Stewart Tract Single Family DU 3, 635 2, 746 3, 722 4, 185
Multi- Family DU 2, 242 1, 688 2, 284 2, 569
Retail
1, 000 sf $ 5, 759 4, 354 4, 743 6, 955
Commercial
Service/ Office
1, 000 sf $ 5, 216 3, 946 3, 465 3, 840
Commercial
January 1, 2021 to June 30, 2021
Mossdale
Mossdale Landing , ML Central River IslandsLand Use T e Unit Village East, ML South Lathro Stewart Tract Single Family DU 3, 714 2, 805 3, 802 $ 4, 275
Multi- Family DU 2, 290 1, 725 2, 333 $ 2, 624
Retail
1, 000 sf $ 5, 883 4, 447 4,845 $ 7, 104
Commercial
Service/ Office
1, 000 sf $ 5, 328 4, 030 3, 539 $ 3, 922
Commercial
Report Period: July 1, 2020 to June 30, 2021 Page 24
58 Capital Facilities Fee Funds Report
West Central Lathrop Transportation Capital Facility Fee— 2320
2. Fund Information ( During Reporting Period)
Source Amount
a. Beginning Fund Balance as of July 1, 2020 7, 901, 282 b. Fees Collected 2,499, 835
c. Interest Earned 60, 251
d. Expenditures
e. Transfers Out 700, 000)
f. Refunds
g. Ending Fund Balance as of June 30, 2021 9, 761, 368
2d. Expenditure Summary: Identification of each improvement on which reportable fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that was funded with reportable fees:
Were funds from Fund 2320 expended during the reporting period? Yes A total of$ 700, 000 was expensed from Fund 2320 to the Louise Avenue and I-5 Improvements Project PS 06- 06.
2e. Description of Transfers and Loans made from fund.
Were funds from Fund 2320 transferred or loaned during the reporting period? No 2f. Description of refunds made during reporting period.
Were funds from Fund 2320 refunded during this reporting period? No
3. Planned Projects for Fiscal Year 2021- 22: Identification of each improvement on which reportable fees will be expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that will be funded with reportable fees:
The West Central Lathrop Transportation Capital Facility Fee Fund 2320 currently has funds appropriated to any Capital Improvement Program ( CIP) Projects for Fiscal Year 2021- 22. Please refer to the City' s 2021- 2026 Capital Improvement Program adopted by City Council June 2, 2021, Resolution 21- 4884.
Project Amount % of Im rovements
Golden Valley Parkway 20, 166 100
Improvements, PS 20- 25
Total 20, 166
Report Period: July 1, 2020 to June 30, 2021 Page 25
59 Capital Facilities Fee Funds Report
West Lathrop Specific Plan Regional Transportation Lnpact Fee— 2330 West Lathrop Speci c Plan Regional Transnortation Imnact Fee — 2330 l. Fee Information
a. Description and History of Fee: The West Lathrop Specific Plan ( WLSP) Regional Transportation Impact Fee is collected from planned communities in the Central Lathrop area, Mossdale Village area and the River Islands area to fund regional road improvements needed as a result of new development west of Interstate 5.
The original fee was first developed in 1997 by the Fee Development Committee which is comprised of representatives from the City of Lathrop, San Joaquin Council of Governments, Caltrans, The Crane Transportation Group and Califia ( a River Islands affiliate). The Committee was to evaluate existing transportation facilities to determine if they were sufficient to accommodate for new growth and, if insufficient, to identify the need for additional street infrastructure.
Upon determining a transportation level of service ( LOS), the development projections for the City and project level impacts, a list of transportation system improvements was compiled. This list of improvements was utilized to determine a fee to fund the necessary improvement projects.
The West Central Lathrop Transportation CFF was reevaluated May 3, 2018. After further review City staff found the project cost were consistent with current cost estimates to construct the improvements with exception of the Louise Avenue Interchange and the Paradise Avenue Interchange improvements.
As a result, the fee study includes adjusting the previous CFF to reflect the effects of inflation as well as an increase to the rates for Central Lathrop, Mossdale Village and River Islands. b. Amount of Fee: The amount of the fee for the West Lathrop Specific Plan Regional Transportation Fee varies by land use type.
Land Use Type Unit July 1, 2020 to January 1, 2021
December3l, 2020 to June 30, 2021
Single Family DU 359 367
Multi Family DU 420 429
Retail Commercial 1, 000 sf $ 2, 007 2, 050
Service Commercial 1, 000 sf $ 557 569
2. Fund Information During Reporting Period
Source Amount
a. Beginning Fund Balance as of July 1, 2020 611, 858
b. Fees Collected 324, 090
c. Interest Earned 5, 251
d. Expenditures
e. Transfers Out
f. Refunds
g. Ending Fund Balance as of June 30, 2021 941, 199
Report Period: July 1, 2020 to June 30, 2021 Page 26
60 l a.
Capital Facilities Fee Funds Report
West Lathrop Specific Plan Regional Transportation Impact Fee— 2330 2d. Expenditure Summary: Identification of each improvement on which reportable fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that was funded with reportable fees:
Were funds from Fund 2330 expended during the reporting period? No 2e. Description of Transfers and Loans made from fund.
Were funds from Fund 2330 transferred or loaned during the reporting period? No 2f. Description of refunds made during reporting period.
Were funds from Fund 2330 refunded during this reporting period? No
3. Planned Projects for Fiscal Year 2021- 22: Identi cation of each improvement on which reportable fees will be expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that will be funded with reportable fees:
The West Lathrop Specific Plan Regional Transportation Impact Fee Fund 2330 does not currently have funds appropriated to the Capital Improvement Program ( CIP) Project for Fiscal Year 2021- 22. Please refer to the City' s 2021- 2026 Capital Improvement Program adopted by City Council June 2, 2021, Resolution 21- 4884.
Report Period: July 1, 2020 to June 30, 2021 Page 27
61 O.:
Capital Facilities Fee Funds Report
Lathrop Local East Fee— 2340 and Lathrop Local West Fee - 2360 Lathron Local East— 2340 and Lathrop Local West - 2360
1. Fee Information
a. Description and History of Fee: The Regional Transportation Impact Fee ( RTIF) San Joaquin County was adopted by City Council on December 20, 2005. This fee was adopted to address traffic volumes exceeding the capacity of the regional network of highways and arterials existing in San Joaquin County.
It was determined that existing funding sources, including federal, state, and local sources, will be inadequate to construct the Regional Transportation Network needed to avoid unacceptable levels of traffic congestion and related adverse impacts.
The City of Lathrop has an existing local and regional transportation capital facilities fee ( CFF) system in place which began with the West Lathrop Regional Transportation Impact Fee adopted in 1997. In 2003, the City created the West/ Central Lathrop Regional Transportation CFF which picked up where the WLSP RTIF ended, by providing for other transportation improvements needed to meet the increase in development in West and Central Lathrop Specific Plan areas. Several other transportation- related CFFs as covered in this report) have been created to address improvements as areas have developed.
The San Joaquin RTIF effectively updates and is incorporated into the WLSP RTIF. RTIF — Lathrop Local East ( Fund 234) was created to account for fees collected from new development in East Lathrop under the new schedule. RTIF— Lathrop Local West ( Fund 236) also accounts for fees collected for new development in West Lathrop under the San Joaquin RTIF fee schedule. Both funds will be used in accordance with the RTIF Operating Agreement in their prospective areas. b. Amount of Fee: The amount of the fee varies by land use type and location. The fees are as follows:
Land Use Type Unit July 1, 2020 to January l, 2021 to
December 31, 2020 June 30, 2021
Single Family DU 3, 598 3, 598
Multi Family DU 2, 159 2, 159
Industrial 1, 000 sf $ 1, 090 1, 090
Service/ Office Commercial 1, 000 sf $ 1, 800 1, 800
Retail Commercial 1, 000 sf $ 1, 430 1, 430
Warehouse 1, 000 sf $ 450 450
Report Period: July 1, 2020 to June 30, 2021 Page 28
62 s` u:
Capital Facilities Fee Funds Report
Lathrop Local East Fee— 2340 and Lathrop Local West Fee - 2360 2a. Fund 234— RTIF— Lathrop Local East
Source ` Amount
a. Beginning Fund Balance as of July 1, 2020 1, 446, 309 b. Fees Collected 835, 740
c. Interest Earned 14, 157
d. Expenditures
e. Transfers Out
f. Refunds
g. Ending Fund Balance as of June 30, 2021 2, 296, 205
2c. Fund 236— RTIF— Lathrop Local West
Source Amount
a. Beginning Fund Balance as of July 1, 2020 5, 534, 676 b. Fees Collected 2,484, 670
c. Interest Earned 46, 257
d. Expenditures
e. Transfers Out
f. Refunds
g. Ending Fund Balance as of June 30, 2021 8, 065, 603
2d. Expenditure Summary: Identi cation of each improvement on which reportable fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that was funded with reportable fees:
Were funds from Fund 2340 and 2360 expended during the reporting period? No 2e. Description of Transfers and Loans made from fund.
Were funds from Fund 2340 and 2360 transferred or loaned during the reporting period? No 2f. Description of refunds made during reporting period.
Were funds from Fund 2340 and 2360 refunded during this reporting period? No Report Period: July 1, 2020 to June 30, 2021 Page 29
63 a..<:
Capital Facilities Fee Funds Report
Lathrop Local East Fee— 2340 and Lathrop Local West Fee - 2360
3. Planned Projects for Fiscal Year 2021- 22: Identification of each improvement on which reportable fees wilt be expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that will be funded with reportable fees:
The Lathrop Local East Fee Fund 2340 and Lathrop Local West Fee Fund 2360 do not currently have funds appropriated to the Capital Improvement Program ( CIP) Project for Fiscal Year 2021- 22. Please refer to the City' s 2021- 2026 Capital Improvement Program adopted by City Council June 2, 2021, Resolution 21- 4884.
Report Period: July l, 2020 to June 30, 2021 Page 30
64 Capital Facilities Fee Funds Report
Regional Transportation Impact Fee San Joaquin County— 2350 Regional Transportation Impact Fee San Joaquin County — 2350
1. Fee Information
a. Description and History of Fee: The Regional Transportation Impact Fee ( RTIF) San Joaquin County was adopted by City Council on December 20, 2005. This fee was adopted to address traffic volumes exceeding the capacity of the regional network of highways and arterials existing in San Joaquin County.
It was determined that existing funding sources, including federal, state, and local sources, will be inadequate to construct the Regional Transportation Network needed to avoid unacceptable levels of traffic congestion and related adverse impacts.
The Regional Transportation Impact Fee San Joaquin County ( Fund 235) meets the agreement requirement to pay ten ( 10) percent of the total fee revenue collected to the County of San Joaquin for the purpose of funding RTIF Capital Projects within the County. Fund 235 has been set up to account for this revenue which is paid on a quarterly basis per the RTIF Operating Agreement. b. Amount of Fee: The amount of the fee varies by land use type and location. Only 10 percent of the fee is placed in Fund 2350 ( See Funds 2340 and 2360). The fund amounts are as follows:
2. Fund 235— RTIF SJ County 10%
Source Amount
a. Beginning Fund Balance as of July 1, 2020 8
b. Fees Collected 451, 757
c. Interest Earned 898
d. EXpenditures 452, 663)
e. Transfers Out
f. Refunds
g. Ending Fund Balance as of June 30, 2021
2d. Expenditure Summary: Identification of each improvement on which reportable fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that was funded with reportable fees:
Were funds from Fund 2350 expended during the reporting period? Yes A total of$ 452, 663 was expensed from Fund 2350 to pay the County of San Joaquin for the portion of fee dedicated to RTIF Capital Projects within the County. 2e. Description of Transfers and Loans made from fund.
Were funds from Fund 2320 transferred or loaned during the reporting period? No 2f. Description of refunds made during reporting period.
Were funds from Fund 2320 refunded during this reporting period? No Report Period: July 1, 2020 to June 30, 2021 Page 31
65 Capital Facilities Fee Funds Report
Regional Transportation Impact Fee San Joaquin County— 2350
3. Planned Projects for Fiscal Year 2021- 22: Identification of each improvement on which reportable fees will be expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that will be funded with reportable fees:
The Regional Transportation Impact Fee ( RTIF) Fund 2350 will not have funds appropriated to any Capital Improvement Program ( CIP) Projects. Its purpose is to account for the amount that is paid to the County of San Joaquin for the portion of the fee dedicated to RTIF Capital Projects within the County.
Report Period: July 1, 2020 to June 30, 2021 Page 32
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Capital Facilities Fee Funds Report
Regional Transportation Impact Fee San Joaquin Council of Governments — 2370 Re ional Transportation Impact Fee
San Joaquin Council of Governments 15% — 2370
1. Fee Information
a. Description and History of Fee: The Regional Transportation Impact Fee ( RTIF) Program Operating Agreement establishes the distribution of fee revenue collected by the participating agencies. Ten ( 10) percent of the fees collected by the City of Lathrop and each of the other participating agencies pass directly on to the San Joaquin Council of Governments ( SJCOG) on a quarterly basis. This revenue is
used to fund state highway improvements on the RTIF Project List. Another five ( 5) percent is paid directly to SJCOG on a quarterly basis to fund transit improvements on the RTIF Project List. Fund 237 was set up to account for this 15 percent of collected revenue to be passed on to SJCOG. b. Amount of Fee: The amount of the fee is 15 percent of all fees collected under the RTIF Program ( See Funds 2340 and 2360).
2. Fund Information— RTIF SJCOG 15%
Source Amount
a. Beginning Fund Balance as of July 1, 2020 12
b. Fees Collected 677, 635
c. Interest Earned 1, 347
d. Expenditures 678, 994)
e. Transfers Out
f. Refunds
g. Ending Fund Balance as of June 30, 2021
2d. Expenditure Summary: Identification of each improvement on which reportable fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that was funded with reportable fees:
Were funds from Fund 2370 expended during the reporting period? Yes A total of $ 678,994 was expensed from Fund 2370 to pay the San Joaquin Council of Governments SJCOG) on a quarterly basis per the RTIF Operating Agreement. 2e. Description of Transfers and Loans made from fund.
Were funds from Fund 2370 transferred or loaned during the reporting period? No 2f. Description of refunds made during reporting period.
Were funds from Fund 2370 refunded during this reporting period? No Report Period: July 1, 2020 to June 30, 2021 Page 33
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Capital Facilities Fee Funds Report
Regional Transportation Impact Fee San Joaquin Council of Governments — 2370
3. Planned Projects for Fiscal Year 2021- 22: Identification of each improvement on which reportable fees will be expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that will be funded with reportable fees:
The Regional Transportation Impact Fee San Joaquin Council of Governments ( SJCOG) Fund 2370 will not have funds appropriated to any Capital Improvement Program( CIP) Projects. Its purpose is to account for the amount that is paid to SJCOG on a quarterly basis per the RTIF operating Agreement.
Report Period: July 1, 2020 to June 30, 2021 Page 34
68 Capital Facilities Fee Funds Report
Offsite Roadway Improvements Fee— 2380
Offsite Roadway Improvements Capital Facility Fee — 2380
1. Fee Information
a. Description and History of Fee: The Offsite Roadway Improvements Fee was adopted by Lathrop City Council on May 29, 2007. The purpose of the fee is to establish a funding mechanism to pay for the offsite roadway improvements applicable to the Land Park Portion of the Central Lathrop Specific Plan ( CLSP) area. The fee is collected to fund an estimated $ 8. 5 million of buildout improvements at six intersections (Roth Road/McKinley Avenue, Lathrop Road/St" Street, Lathrop Road/Airport Road, Louise Avenue/ McKinley Avenue, Louise Avenue/ Airport Road, and Yosemite Avenue/ McKinley Avenue) impacted by the proposed CLSP development located east of Interstate 5. The calculations used for the CLSP offsite intersection CFFs are based on the assumptions and methodology used to calculate the West/ Central Lathrop Regional Transportation CFF in the 2003 and 2005 CFF studies.
The CLSP fair share of offsite intersection costs was allocated to each type of land use based on the adjusted number of afternoon peak hour trips. The cost allocated to each land use type were then divided by the number of units of development to arrive at the appropriate fee for each unit of new development.
b. Amount of Fee: The amount of the fee varies by land use type and location.
Central Lathrop Land Use
Unit July l, 2020 to January 1; 2021 to
T e December 31, 2020 ' June 30, 2021
Single Family DU 155 155
Multi Family DU 95 95
Retail Commercial 1, 000 sf 198 198
Service/ Office Commercial 1, 000 sf 144 144
2. Fund Information ( During Reporting Period)
Source Amount
a. Beginning Fund Balance as of July 1, 2020 11, 600
b. Fees Collected 45, 105
c. Interest Earned 231
d. Expenditures
e. Transfers Out
f. Refunds
g. Ending Fund Balance as of June 30, 2021 56, 937
2d. Expenditure Summary: Identification of each improvement on which reportable fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that was funded with reportable fees:
Were funds from Fund 2380 expended during the reporting period? No Report Period: July 1, 2020 to June 30, 2021 Page 35
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Capital Facilities Fee Funds Report
Offsite Roadway Improvements Fee— 2380
2e. Description of Transfers and Loans made from fund.
Were funds from Fund 2380 transferred or loaned during the reporting period? No 2f. Description of refunds made during reporting period.
Were funds from Fund 2380 refunded during this reporting period? No
3. Planned Projects for Fiscal Year 2021- 22: Identi cation of each improvement on which reportable fees will be expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that will be funded with reportable fees:
The Offsite Roadway Improvements Fee Fund 2380 does not currently have funds appropriated to any Capital Improvement Program ( CIP) Projects for Fiscal Year 2021- 22. Please refer to the City' s 2021- 2026 Capital Improvement Program adopted by City Council June 2, 2021, Resolution 21- 4884.
Report Period: July l, 2020 to June 30, 2021 Page 36
70 Capital Facilities Fee Funds Report
North Lathrop Transportation Capital Facility Fee— 2420 North Lathrop Transportation Capital Facilit_y Fee — 2420
1. Fee Information
a. Description and History of Fee: The North Lathrop Transportation Fee was established in January 2011.
The purpose of the North Lathrop Transportation Fee is to establish a funding mechanism to pay for the planning, design, land acquisition, administration ( including construction management and program management), and construction of the interchange and frontage road improvements ( including streets, intersection relocations and traffic signals). The North Lathrop Study Area boundaries include the City of Lathrop, City of Manteca, and unincorporated San Joaquin County that are impacting the Roth/ IS Interchange and associated frontages
b. Amount of Fee: The amount of the fee varies by land use type and location.
July l, 2020 to June 30, 2021
City of Lathrop
Land Use T e Unit N Lathro ` Trans ortation
CLSP Residential DU 669. 04
CLSP Commercial 1, 000 sf 3, 663. 81
N Lathrop Area— Residential DU 792. 29
N Lathrop Area— Commercial 1, 000 sf 52,408. 43
Gordon Trucking— Industrial Acre 20, 907. 61
LN Industrial Building 1, 000 sf 1, 116. 41
KSC Travel CenterAcre 106,438. 77
Highway Commercial
Other Lathrop Projects— Residential DU 771. 97
Highway Commercial 1, 000 sf 83, 630. 46
July 1, 2020 to June 30, 2021
City of Manteca
Land Use Ty e Unit N Lathro Trans ortation
Center Point- Light Industrial 1, 000 sf $ 842. 36
Other Manteca Projects— Light Industrial 1, 000 sf $ 1, 403. 01 Retail 1, 000 sf $ 23, 810. 83
Jul 1, 2020 to June 30, 2021
San Joaquin County
Land Use T e Unit N Lathro Trans ortation
Intermodal facility— Light Industrial Acre 49, 471. 55
Other SJ County Projects— Residential Acre 2, 370. 42
Retail Acre 87, 431. 85
Light Industrial Acre 7, 368. 84
Report Period: July l, 2020 to June 30, 2021 Page 37
71 Capital Facilities Fee Funds Report
North Lathrop Transportation Capital Facility Fee— 2420
2. Fund Information during Reporting Period
Source Amount `
a. Beginning Fund Balance as of July 1, 2020 11, 319
b. Fees Collected
c. Interest Earned 81
d. Expenditures
e. Transfers Out
f. Refunds
g. Ending Fund Balance as of June 30, 2021 11, 400
2d. Expenditure Summary: Identi cation of each improvement on which reportable fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that was funded with reportable fees:
Were funds from Fund 2420 expended during the reporting period? No 2e. Description of Transfers and Loans made from fund.
Were funds from Fund 2420 transferred or loaned during the reporting period? No 2f. Description of refunds made during reporting period.
Were funds from Fund 2420 refunded during this reporting period? No
3. Planned Projects for Fiscal Year 2021- 22: Identification of each improvement on which reportable fees will be expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that will be funded with reportable fees:
The North Lathrop Transportation Fee Fund 2420 does not currently have funds appropriated to the Capital Improvement Program ( CIP) Projects for Fiscal Year 2021- 22. Please refer to the City' s 2021- 2026 Capital Improvement Program adopted by City Council June 2, 2021, Resolution 21- 4884.
Report Period: July 1, 2020 to June 30, 2021 Page 38
72 Capital Facilities Fee Funds Report
Park in Lieu Fee— 3410
Park in Lieu — 3410
1. Fee Information
a. Description and History of Fee: This fee is collected under the authority of the Quimby Act, California Government Code Section 66477, to fund the acquisition of parkland needed to support new residential development. The fee is only charged in cases where parkland is not dedicated as part of a subdivision. The locations of the projects to be funded are generally described in the " Comprehensive General Plan and Environmental Impact Report for the City of Lathrop, California, December 1991." b. Amount of Fee: The amount of the fee varies from project to project but is always equal to the market value of the land for which the fee is being paid in lieu. Dedication ( or payment of fees) is required in an amount necessary to provide five ( 5) acres of parkland per 1, 000 new residents. An average rate of 3. 59 people per household, results in park dedication of approximately one ( 1) acre of land for every 55. 71 dwelling units.
2. Fund Information (During Reporting Period)
Source Amount
a. Beginning Fund Balance as of July l, 2020 276, 353
b. Fees Collected 62, 700
c. Interest Earned 1, 946
d. Expenditures
e. Transfers Out
f. Refunds
g. Ending Fund Balance as of June 30, 2021 340, 999
2d. Expenditure Summary: Identification of each improvement on which reportable fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that was funded with reportable fees:
Were funds from Fund 3410 expended during the reporting period? No 2e. Description of Transfers and Loans made from fund.
Were funds from Fund 3410 transferred or loaned during the reporting period? No 2f. Description of refunds made during reporting period.
Were funds from Fund 3410 refunded during this reporting period? No Report Period: July 1, 2020 to June 30, 2021 Page 39
73 Capital Facilities Fee Funds Report
Park in Lieu Fee— 3410
3. Planned Projects for Fiscal Year 2021- 22: Identification of each improvement on which reportable fees will be expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that will be funded with reportable fees:
The Park in Lieu Fee Fund 3410 currently does not have funds appropriated to the Capital Improvement Program( CIP) Project for Fiscal Year 2021- 22. Please refer to the City' s 2021- 2026 Capital Improvement Program adopted by City Council June 2, 2021, Resolution 21- 4884.
Report Period: July 1, 2020 to June 30, 2021 Page 40
74 Capital Facilities Fee Funds Report
Water Capital Facility Fee- 5610
Water Capital Facilitv Fee — 5610
1. Fee Information
a. Description and History of Fee: The Water Capital Facility Fee is collected to fund improvements to water facilities in support of new development as well as to upgrade and maintain the City' s existing system. A water component, based on the city' s planned development, was not added to the Capital Facility Fee Program until the 1994 update as the City' s updated General Plan was not yet complete. The 1994 study, added a fee based on land usage and type appropriate for the City' s future growth to fund and maintain new and existing water facilities. The Capital Facility Fee Program was updated in 2003 to reflect the direction in which the city was headed ( and reevaluated in 2005 to show the impacts of inflation). The 2003 and 2005 studies identified facilities to accommodate for growth west of Interstate 5 as well as growth and improvements in Historic Lathrop.
At the present time, Lathrop obtains water supplies from the underlying groundwater basin using five active wells. Along with the five wells, the City' s eXisting water system includes four above ground storage tanks, four booster pump stations, and over 77 miles of distribution pipelines.
Four separate water system Capital Facility Fees have been set up to address the current underground water supply.
An updated water system CFF for East Lathrop based on a system buy-in approach since the water system in that area is largely built out;
An incremental cost for West/ Central Lathrop to reflect the cost of adding arsenic treatment to groundwater wells and for a portion of the cost of a standby well to provide additional water system reliability for the entire City;
An incremental cost CFF for the Mossdale Landings developments associated with the cost of a 1. 0 MG storage reservoir;
A reimbursement CFF for the Crossroads area.
On August 3, 2015 City Council approved entitlements for the South Lathrop Specific Plan ( SLSP) area.
The entitlements required an update to the CFF program to establish fees to fund the improvements for the SLSP area. The SLSP CFF Study" Nexus Study" adopted on March 12, 2018 identified approximately
3. 3 million to construct the water system facilities. SLSP' s fair share of the cost is 30°Io and the remainder of the $ 3. 3 million cost would be funded by other developments that will benefit from this facility. The Water Capital Facility Fee was reevaluated May 3, 2018. The studies included adjusting the previous Capital Facility Fee to reflect the effects of inflation.
In October 2019 the SLSP and the Lathrop Gateway Business Park Specific Plan ( LGBPSP) CFF study provided an update to the CFF program for the SLSP area and established a fee program for the LGBPSP area. The LGBPSP CFF Study identified approximately $ 12. 8 million storm drainage facilities improvements. In May 2020, the CFF program was updated based on actual facility construction cost for SLSP and LGBPSP.
Report Period: July 1, 2020 to June 30, 2021 Page 41
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Capital Facilities Fee Funds Report
Water Capital Facility Fee- 5610
b. Amount of Fee: The amount of the fee varies by meter size and location. The current fees are as follows:
July 1, 2020 to December 31,
2020
Mossdale
Village/ LandingSLSP- Non
Central Lathrop, Mossdale SLCC&
Meter East North SLSP-Non SLCC Landing Gateway
Size Lathro Crossroads Harlan & Stewart Tract ( Stora e) Buy- In) 5/ 8 $ 1, 289 $ 1, 457 $ 1, 211 791 937 $ 1, 289
1 FS $ 1, 289 N/A $ 1, 211 791 937 $ 1, 289
3/
a 1, 933 $ 2, 186 $ 1, 816 1, 187 1, 406 $ 1, 933
1 3, 222 $ 3, 643 $ 3, 027 1, 980 2, 343 $ 3, 222
1 lh $ 6, 443 $ 7, 284 $ 6, 056 3, 958 4, 685 $ 6, 443
2 10, 309 $ 11, 655 $ 9, 689 6, 333 7, 497 $ 10, 309
3 19, 330 $ 21, 853 $ 18, 166 11, 875 14, 056 $ 19, 330 4 32,215 $ 36, 422 $ 30,277 19, 793 23, 427 $ 32, 215
6 64,431 $ 72, 845 $ 60, 552 39, 585 46, 852 $ 64, 431
8 103, 089 $ 116, 552 $ 96, 883 63, 337 74, 964 $ 103, 089 10 186, 849 $ 211, 251 $ 175, 601 114, 798 135, 872 $ 186, 849 January 1, 2021 to June 30, 2021
Mossdale
Village/ Landing, `
Central Lathrop, SLSP- Non
Stewart Tract, Mossdale SLCC &
Meter East ' North SLSP- Non SLCC Landing Gateway
Size Lathro Crossroads Harlan Gatewa Stora e) Buy- In)
5/ 8 $ 1, 316 $ 1, 488 $ 1, 237 808 957 $ 1, 316
1 FS $ 1, 316 N/ A $ 1, 237 808 957 $ 1, 316
3/
a 1, 975 $ 2, 233 $ 1, 855 1, 212 1, 436 $ 1, 975
1 3, 291 $ 3, 721 $ 3, 092 $ 2, 022 2, 393 $ 3, 291
1 ' h $ 6, 581 $ 7,441 $ 6, 186 $ 4,043 4,785 $ 6, 581
2 10, 530 $ 11, 905 $ 9, 897 6, 469 7, 658 $ 10, 530
3 19, 745 $ 22, 323 $ 18, 556 12, 130 14, 358 $ 19, 745 4 32, 907 $ 37, 205 $ 30, 927 20, 218 23, 930 $ 32, 907 6 65, 814 $ 74, 410 $ 61, 853 40, 435 47, 859 $ 65, 814 8 105, 303 $ 119, 056 $ 98, 964 $ 64, 698 76, 574 $ 105, 303 10 190, 862 $ 215, 788 $ 179, 373 117, 264 138, 791 $ 190, 862 Report Period: July 1, 2020 to June 30, 2021 Page 42
76 Capital Facilities Fee Funds Report
Water Capital Facility Fee— 5610
The amount of the fee rates in the SLSP development area are per 1, 000 square feet of building space.
The current fees are as follows:
South Lathrop Specific Plan Unit Julv 1, 2020 to ' Jan. 1, 2021 to Land Use Ty e ( Stora Dec. 31, 2020 June 30, 2021
Office Commercial 1, 000 sqft 1, 033 1, 055
Limited Warehouse 1, 000 sqft 488 499
Warehouse 1, 000 sqft 139 142
The amount of the fee rates in the SLSP— Non SLCC development area are per Acre.
The current fees are as follows:
SouthLathrop SpecificPlan ' Unit July 1, 2020 to Jan. 1, 2021 to Land Use TXp ater- Line) ' Dec. 31, 2020 June 30, 2021
Office Commercial Acre 9, 990 10, 205
Limited Warehouse Acre 9, 990 10, 205
Warehouse Acre 9, 990 10, 205
The amount of the fee rates in the Lathrop Gateway Business Park development area.
The current fees are as follows:
Lathrop Gateway July 1, 2020 to December 31, 2020 ,
Business Park
Land Use Type Water System Water Line Water Line
Storage Water Loop Non- Water Loop
Per 1, 000 sf.) ( Acre) Linear Foot)
Shopping Center 593 5, 888 159. 58
Office Park 559 5, 888 159. 58
Industrial Park 445 5, 888 159. 58
Warehouse 127 5, 888 159. 58
Lathrop Gateway January l, 2021 to June 30, 2021
Business Park
Land Use Type Water System Water Line Water Line
Storage Water Loop `` Non-Water Loop
Per 1, 000 sf.) ( Acre) Linear Foot)
Shopping Center 605 6, 014 163. 01
Office Park 571 6, 014 163. 01
Industrial Park 454 6, 014 163. 01
Warehouse 130 6, 014 163. 01
Report Period: July 1, 2020 to June 30, 2021 Page 43
77 a.;.
Capital Facilities Fee Funds Report
Water Capital Facility Fee— 5610
2. Fund Information during Reporting Period
Source Amount
a. Beginning Fund Balance as of July l, 2020 2, 981, 580 b. Fees Collected 1, 285, 692
c. Interest Earned 23, 127
d. Expenditures 116, 443)
e. Transfers Out
f. Refunds
g. Ending Fund Balance as of June 30, 2021 4, 173, 956
2d. Expenditure Summary: Identification of each improvement on which reportable fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that was funded with reportable fees:
Were funds from Fund 5610 expended during the reporting period? Yes A total of $ 116, 443 was expensed from Fund 5610 to reimbursed developers for constructing public improvements.
2e. Description of Transfers and Loans made from fund.
Were funds from Fund 5610 transferred or loaned during the reporting period? No 2f. Description of refunds made during reporting period.
Were funds from Fund 5610 refunded during this reporting period? No
3. Planned Projects for Fiscal Year 2021- 22: Identification of each improvement on which reportable fees will be expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that will be funded with reportable fees:
The Water Capital Facility Fee Fund 5610 currently does not have funds appropriated to the Capital Improvement Program( CIP) Project for Fiscal Year 2021- 22. Please refer to the City' s 2021- 2026 Capital Improvement Program adopted by City Council June 2, 2021, Resolution 21- 4884.
Report Period: July 1, 2020 to June 30, 2021 Page 44
78 E',.;'
Capital Facilities Fee Funds Report
Surface Water Capital Facility Fee- 5640
Surface Water Capital Facility Fee - 5640
1. Fee Information
a. Description and History of Fee: The Surface Water Supply Capital Facility Fee is collected to fund The City of Lathrop' s proportionate share of costs related to the South County Surface Water Supply Project SCSWSP) with the South San Joaquin Irrigation District ( SSJID).
The South County Surface Water Supply Project is a joint project between the Cities of Lathrop, Manteca, Escalon and Tracy that built a water treatment facility ( the Nick C. DeGroot Treatment Facility), a pipeline to transpart raw water from the Woodward Reservoir to the treatment facility and additional pipelines to transport the treated water to the participating cities.
Prior to the SCSWSP the city obtained all of its water supplies from the underlying groundwater basin using wells. With new development and recognizing the limitations of the groundwater resources the SCSWSP was needed. The City issued COPs in 2000 to help pay for the planning, engineering, and design costs associated with the project. Additionally, revenue bonds were issued in 2003 with a par value of$ 32, 530, 000 to fund construction costs for the city' s capacity.
On August 3, 2015 City Council approved entitlements for the South Lathrop Specific Plan (SLSP) area.
The entitlements required an update to the CFF program to establish fees to fund the improvements for the SLSP area. The SLSP CFF Study" Nexus Study" adopted on March 12, 2018 identified that the SLSP is also subject to the Surface Water Impact fee. The Surface Water Capital Facility Fee was reevaluated May 3, 2018. The studies included adjusting the previous Capital Facility Fee to reflect the effects of inflation.
b. Amount of Fee: The amount of the fee varies by land use type and location.
July 1, 2020 to December 31, 2020
Meter Size East Lathrop, Central Mossdale Village,
North Harlan, Lathrop SLSP- Non SLCC
Crossroads &
SLSP- SLCC Gateway
5/ 8 2, 805 5, 752 4, 252
1" FS 2, 805 5, 752 4, 252
3/
a 4, 208 8, 628 6, 378
1 7, 013 14, 380 10, 630
11/ 2 14, 026 28, 760 21, 260
2 22, 442 46, 016 34, 016
3 42, 078 86, 280 63, 780
4 70, 130 143, 800 106, 300
6 140, 261 287, 600 212, 600
8 224, 417 460, 160 340, 160
10 406, 756 834, 040 616, 540
Report Period: July 1, 2020 to June 30, 2021 Page 45
79 y^:
Capital Facilities Fee Funds Report
Surface Water Capital Facility Fee- 5640
Januar 1, 2021 to June 30, 2021
East Lathrop, Mossdale Village,
North Harlan Central Meter Size SLSP- Non SLCC
Crossroads, & Lathrop
SLSP- SLCC Gateway
5/ 8 2, 997 5, 740 $ 4, 236
1" FS 2, 997 5, 740 $ 4, 236
3/
a 4, 496 8, 610 $ 6, 354
1 7, 494 14, 350 $ 10, 590
1 i/
a 14, 987 28, 700 $ 21, 180
2 23, 980 45, 920 $ 33, 888
3 44, 962 86, 100 $ 63, 540
4 74, 937 143, 500 $ 105, 900
6 149, 874 287, 000 $ 211, 800
8 239, 798 459, 200 $ 338, 880
10 434, 635 832, 300 $ 614, 220
2. Fund Information during Reporting Period
Source Amount
a. Beginning Fund Balance as of July 1, 2020 267, 675
b. Fees Collected 1, 437, 486
c. Interest Earned 3, 937
d. Expenditures 601, 924)
e. Transfers Out 122, 497)
f. Refunds
g. Ending Fund Balance as of June 30, 2021 1, 229, 670
2d. Expenditure Summary: Identi cation of each improvement on which reportable fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that was funded with reportable fees:
Were funds from Fund 5640 expended during the reporting period? Yes A total of $ 601, 924 was expensed from Fund 5640 to reimbursed developers for constructing public improvements.
2e. Description of Transfers and Loans made from fund.
Were funds from Fund 5640 transferred or loaned during the reporting period? Yes A total of$ 122, 497 was transferred from Fund 5640 to cover debt service for surface water improvements.
Report Period: July 1, 2020 to June 30, 2021 Page 46
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Capital Facilities Fee Funds Report
Surface Water Capital Facility Fee— 5640
2f. Description of refunds made during reporting period.
Were funds from Fund 5640 refunded during this reporting period? No
3. Planned Projects for Fiscal Year 2021- 2022: Identi cation of each improvement on which reportable fees will be expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that will be funded with reportable fees:
The Surface Water Supply Fund Fee 5640 does not currently have funds appropriated to any Capital Improvement Program ( CIP) Projects. The fund pays for the costs related to the South County Surface Water Supply Program Project.
Report Period: July 1, 2020 to June 30, 2021 Page 47
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Capital Facilities Fee Funds Report
Sewer Capital Facility Fee— 6030
Sewer Capital Facilit_y Fee — 6030
1. Fee Information
a. Description and Histo of Fee: The Sewer Capital Facilities Fees, adopted in 1993, are collected in order to fund new sewer facilities to accommodate new development as well as to provide improvements to the city' s existing facilities. The Crossroads fee is an exception in that it is collected to reimburse the developer for infrastructure that was built with the original project. Lathrop' s existing facilities consist of:
14. 7% capacity of the Manteca Water Quality Control Facility to service the Historic Lathrop area, and the Consolidated Treatment Facility ( CTF) to service development west of Interstate 5 and for businesses located within the Crossroads development area. The CTF represents a consolidation of the two previous Lathrop treatment facilities, the Membrane Biological Reactor ( MBR) Treatment Facility and the Water Recycling Plant ( WRP1). An update to the Sewer Capital Facilities Fee was implemented in 2003 and again in 2005 to show the effects of inflation.
The city plans to expand the capacity of the existing CTF plant to accommodate for future growth in the Mossdale Landing and River Islands areas and for Richland Communities development.
On August 3, 2015 City Council approved entitlements for the South Lathrop Specific Plan ( SLSP) area.
The entitlements required an update to the CFF program to establish fees to fund the improvements for the SLSP area. The SLSP CFF Study" Nexus Study" adopted on March 12, 2018 identified that the SLSP is also subject to the Sewer Capital Facility Fee. The fee was reevaluated in January 23, 2019 CFF update and was updated to reflect the effects of inflation. In addition, the CLSP Sewer/ Recycled Water Facilities CFF was added to the CFF program.
In October 2019 the SLSP and the Lathrop Gateway Business Park Specific Plan ( LGBPSP) CFF study provided an update to the CFF program for the SLSP area and established a fee program for the LGBPSP area. The LGBPSP CFF Study identified approximately $ 12. 8 million storm drainage facilities improvements. In May 2020, the CFF program was updated based on actual facility construction cost for SLSP and LGBPSP.
In February 2020, the Sewer Reimbursement CFF Study established a fee program for the construction of oversized sewer facilities including future construction of sewer facilities within the City.
Report Period: July I, 2020 to June 30, 2021 Page 48
82 HA a\.
Capital Facilities Fee Funds Report
Sewer Capital Facility Fee- 6030
b. Amount of Fee: The amount of the fee varies by land use type and location.
July 1, 2020 to December 31, 2020
Mossdale
Mossdale
Village/ Landing, Village/ Landing,
Meter East Lathrop & SLSP- Non SLCC &
Size North Harlan
Crossroads Central Lathrop, Stewart
Gateway Tract, SLSP & Gateway Sewer Collect/ Recycle
Recycled Water Outfall)
Water Dist. System)
5/ 8 5, 797 48 1, 133
1" FS $ 5, 797 48 1, 133
3/ 4 8, 695 72 1, 699
1 14, 491 120 2, 832
11/ z $ 28, 983 238 5, 663
2 46, 372 380 9, 061
3 86, 948 715 16, 991
4 144, 914 1, 192 28, 317
6 289, 828 2, 381 56, 634
8 463,724 3, 811 90, 615
10 840, 500 6, 907 164, 240
ISU $ 8, 862
GPD 42. 86
Januar l, 2021 to June 30, 2021
Mossdale
Mossdale
Village/ Landing,
Meter East Lathrop &
Village/ Landing, SLSP- Non SLCC &
Size North Harlan
Crossroads Central Lathrop, Stewart
Gateway Tract, SLSP & Gateway Sewer Collect/ Recycle
Recycled Water Outfall)
Water Dist. System)
5/ 8 5, 921 49 1, 158
1" FS $ 5, 921 49 1, 158
3/ 4 8, 882 74 1, 736
1 14, 803 122 2, 893
1 '/ z $ 29, 605 243 5, 785
2 47, 368 388 9, 256
3 88, 816 730 17, 356
4 148, 026 1, 217 28, 925
6 296, 053 2, 433 57, 851
8 473, 685 3, 893 92, 561
10 858, 553 7, 055 167, 768
ISU $ 9, 052
GPD 43. 78
Report Period: July 1, 2020 to June 30, 2021 Page 49
83 r..
Capital Facilities Fee Funds Report
Sewer Capital Facility Fee— 6030
Central' Lathron Unit Julv 1, 2020 to Jan. 1, 2021 to
Land Use T e Dec. 31, 2020 June 30, 2021
Single Family- Residential DU 2, 708 2, 766
Multi- Family - Residential DU 2, 302 2, 351
Commercial 1, 000 sf. 612 625
Industrial 1, 000 sf. 612 625
South Lathrop Specific Unit Julv 1, 2020 to Jan. 1, 2021 to P1an= SLSP Non SLCC Dec. 31, 2020 June 30, 2021
Land Use T e
Office Commercial Acre 20, 394 20, 832
Limited Industrial Acre 20, 394 20, 832
Warehouse Acre 20, 394 20, 832
Lathro GatewaX Unit July 1, 2020 to Jan. 1, 2021 to
Business Park Dec. 31, 2020 June 30, 2021
Land Use T e
Shopping Center 1, 000 sf. 731 746
Office Park 1, 000 sf. 641 655
Industrial Park 1, 000 sf. 307 313
Warehouse 1, 000 sf. 307 313
3. Fund Information during Reporting Period
Source Amount
a. Beginning Fund Balance as of July 1, 2020 2, 288, 180 b. Fees Collected 3, 325, 984
c. Interest Earned 21, 285
d. Expenditures 118, 931)
e. Transfers Out 1, 333, 600)
f. Refunds
g. Prior Year Adjustments
h. Ending Fund Balance as of June 30, 2021 4, 182, 827
Report Period: July 1, 2020 to June 30, 2021 Page 50
84 Capital Facilities Fee Funds Report
Sewer Capital Facility Fee— 6030
2d. Expenditure Summary: Identification of each improvement on which reportable fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that was funded with reportable fees:
Were funds from Fund 6030 expended during the reporting period? Yes A total of $ 118, 931 was expensed from Fund 6030 to reimbursed developers for constructing public improvements.
2e. Description of Transfers and Loans made from fund.
Were funds from Fund 6030 transferred or loaned during the reporting period? Yes A total of$ 1, 333, 600 was transferred from Fund 6030 to cover the following projects; 1, 364, 501 for the Surface Water Discharge Project WW 20- 17 30,901) for the Consolidated Treatment Facility Phase II Project, WW 14- 14 2f. Description of refunds made during reporting period.
Were funds from Fund 6030 refunded during this reporting period? No
3. Planned Projects for Fiscal Year 2021- 22: Identification of each improvement on which reportable fees will be expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that will be funded with reportable fees:
The Sewer Capital Facility Fee Fund 6030 currently has no funds appropriated to any Capital Improvement Program ( CIP) Projects for Fiscal Year 2021- 22. Please refer to the City' s 2021- 2026 Capital Improvement Program adopted by City Council June 2, 2021, Resolution 21- 4884.
Report Period: July 1, 2020 to June 30; 2021 Page 51
85 86
ITEM 4. 5
CITY MANAGER' S REPORT
7ANUARY 10, 2022 CITY COUNCIL REGULAR MEETING
ITEM: APPROVAL OF COOPERATIVE AGREEMENTS
WITH SAN ) OAQUIN COUNCIL OF
GOVERNMENTS
RECOMMENDATION: Adopt Resolution Approving Two Cooperative Agreements with San 7oaquin Council of
Governments for Funding Toward Active
Transportation Projects CIP PS 22- 17 and CIP
PS 22- 18
SUMMARY:
The San Joaquin Council of Governments ( SJCOG) issued a call for local public agencies to apply for an Active Transportation Program ( ATP) for funding toward projects that included bicycle, pedestrian and Safe Routes to School. The City of Lathrop submitted two applications for Capital Improvement Projects ( CIPs) PS 22- 17 Lathrop Active Transportation Plan and PS 22- 18 Class II Bikeway to ACE Station.
S] COG has approved allocating a total amount of $ 1, 191, 000 for the City to use toward the two active transportation projects submitted. In order to proceed, SJCOG and the City will need to enter into a Cooperative Agreement for each project.
Cooperative Agreement ( C- 22- 023) ( attached as Attachment B") authorizes S] COG to issue Measure K Renewal funds within the Passenger Rail, Bus and Bicycle/ Pedestrian for a total amount of $ 190, 000. These funds will be used towards the CIP PS 22- 17 Lathrop Active Transportation Plan.
Similarly, Cooperative Agreement ( C- 22- 030) ( attached as Attachment C") authorizes SJCOG to issue Measure K Renewal funds within the Smart Growth Incentive Program for a total amount of$ 1, 001, 000. These funds will be used towards the CIP PS 22- 18 Class II Bikeway to ACE Station project.
Staff is requesting that City Council approve both Cooperative Agreements with SJCOG for funding towards the active transportation projects CIP PS 22- 17 and CIP PS 22- 18.
BACKG ROU N D:
In March 2021, SJCOG approved the allocation of federal and state funding from several sources including the Active Transportation Program ( ATP) Cycle 5, Measure K, and funding set aside from the Congestion Mitigation and Air Quality Improvement Program ( CMAQ). The 2021 Regional Active Transportation Program ( ATP) has allocated these funds towards active transportation projects that include bicycle, pedestrian and Safe Routes to School.
87 CITY MANAGER' S REPORT PAGE 2
JANUARY 10, 2022 CITY COUNCIL REGULAR MEETING
APPROVE COOPERATIVE AGREEMENTS WITH SAN JOAQUIN COUNCIL OF
GOVERNMENTS FOR FUNDING TOWARD ACTIVE TRANSPORTATION
PR07ECTS CIP PS 22- 17 AND CIP PS 22- 18
Previously in September 2020, the City applied to S] COG to receive funds for active transportation projects CIPs PS 22- 17 Lathrop Active Transportation Plan and PS 22- 18 Class II Bikeway to ACE Station.
The first project, CIP PS 22- 17 Lathrop Active Transportation Plan, will update the adopted 1995 Bicycle Master Plan to include all forms of non- motorized transportation by procuring a qualified Planning Consultant, reviewing the existing transportation infrastructure, identifying deficiencies, developing and prioritizing potential projects, holding public meetings to receive public comment, and compiling all findings into a single planning document that can be used to guide development and City initiated projects.
The second project, CIP PS 22- 18 Class II Bikeway to ACE Station, will design and construct approximately 4. 2- miles of Class II bikeway south on Harlan Road from Louise Avenue to the Lathrop/ Manteca ACE Station. The project will include striping, signal and signing improvements to facilitate the bikeway for multi- modal users. The project will connect residents north of Louise Avenue and in the growing River Islands neighborhood to the Lathrop/ Manteca ACE commuter train station.
Funding has been approved for both projects and in order to proceed, SJCOG and the City will need to enter into a Cooperative Agreement for each project pursuant to the authority provided by San Joaquin County Local Transportation Improvement Plan LTIP).
Cooperative Agreement ( C- 22- 023) authorizes SJCOG to issue Measure K Renewal funds within the Passenger Rail, Bus and Bicycle/ Pedestrian in the total amount of 190, 000. Cooperative Agreement ( C- 22- 030) authorizes Measure K Renewal funds within the Smart Growth Incentive Program in the total amount of$ 1, 001, 000. Funds will be used towards CIPs PS 22- 17 and PS 22- 18, respectively.
REASON FOR RECOMMENDATION:
In order to process the state and federal funds allocated to the City, a Cooperative Agreement with SJCOG is required for each project to set forth the expectations and responsibilities of funding towards the active transportation projects. Approval of Cooperative Agreements C- 22- 023 & C- 22- 030 will allow the City to move forward with the preparation of the CIP PS 22- 17 Lathrop Active Transportation Plan and planning of the CIP PS 22- 18 Class II Bikeway to ACE Station.
FISCAL IMPACT:
None.
88 CITY MANAGER' S REPORT PAGE 3
ANUARY 10, 2022 CITY COUNCIL REGULAR MEETING
APPROVE COOPERATIVE AGREEMENTS WITH SAN 70AQUIN COUNCIL OF
GOVERNMENTS FOR FUNDING TOWARD ACTIVE TRANSPORTATION
PRO) ECTS CIP PS 22- 17 AND CIP PS 22- 18
ATTACH M ENTS:
A. Resolution Approving Two Cooperative Agreements with San Joaquin Council of Governments for Funding Toward Active Transportation Projects CIP PS 22- 17 and CIP PS 22- 18
B. Cooperative Agreement ( C- 22- 023) for CIP PS 22- 17 Lathrop Active Transportation Plan
C. Cooperative Agreement ( C- 22- 030) for CIP PS 22- 18 Class II Bikeway to ACE Station
89 CITY MANAGER' S REPORT PAGE 4
ANUARY 10, 2022 CITY COUNCIL REGULAR MEETING
APPROVE COOPERATIVE AGREEMENTS WITH SAN JOAQUIN COUNCIL OF
GOVERNMENTS FOR FUNDING TOWARD ACTIVE TRANSPORTATION
PRO) ECTS CIP PS 22- 17 AND CIP PS 22- 18
APPROVALS:
G
G, z
Ang arca Date
Assistant Engineer
1 Z • Icc • ZoZ1
Michael King Date
Pub ' c Works Director
v l
Cari Ja s Date
Director f Finance
t - 1Z - LazSalvador Navarrete Date
City Attorney
cl2' Lg• tf
Step en J. Salvatore Date
City Manager
90 RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP
APPROVING TWO COOPERATIVE AGREEMENTS WITH SAN JOAQUIN
COUNCIL OF GOVERNMENTS FOR FUNDING TOWARD ACTIVE
TRANSPORTATION PRO7ECTS CIP PS 22- 17 AND CIP PS 22- 18 WHEREAS, in September 2020, the City of Lathrop applied to San Joaquin Council of Governments ( SJCOG) for funding towards Capital Improvement Projects CIPs) PS 22- 17 Lathrop Active Transportation Plan and PS 22- 18 Class II Bikeway to ACE Station; and
WHEREAS, in March 2021, the SJCOG Board approved the allocation of state and federal funding towards active transportation projects through the 2021 Regional Active Transportation Program ( ATP); and
WHEREAS, funding has been approved for both projects and in order to proceed, SJCOG and the City will need to enter into a Cooperative Agreement for each project pursuant to the authority provided by San Joaquin County Local Transportation Improvement Plan ( LTIP); and
WHEREAS, Cooperative Agreement ( C- 22- 023) authorizes SJCOG to issue Measure K Renewal funds within the Passenger Rail, Bus and Bicycle/ Pedestrian category of the LTIP for a total amount of $ 190, 000 to be used towards CIP PS 22- 17 Lathrop Active Transportation Plan; and
WHEREAS, Cooperative Agreement ( C- 22- 030) authorizes SJCOG to issue Measure K Renewal funds within the Smart Growth Incentive Program for a total amount of $ 1, 001, 000 to be used towards CIP PS 22- 18 Class II Bikeway to ACE Station project; and
WHEREAS, staff is requesting that City Council approve both Cooperative Agreements with SJCOG for funding towards the active transportation projects CIP PS 22- 17 and PS 22- 18; and
WHEREAS, no fiscal impact to the City is anticipated.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Lathrop hereby approves the Cooperative Agreements ( C- 22- 023 and C- 22- 030) with San Joaquin Council of Governments for Funding towards Active Transportation Projects CIP PS 22- 17 and CIP PS 22- 18.
91 The foregoing resolution was passed and adopted this 10th day of January 2022, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas Salvador Navarrete
City Clerk City Attorney
92 ATTACHMENT B
C- 22- 023
Lathrop/ MKR Coop
Active Transportation Plan
MEASURE K
COOPERATIVE AGREEMENT ( C- 22- 023)
FOR
ACTIVE TRANSPORTATION PLAN
This Cooperative Agreement(" Agreement") is made and entered into this 8th day of February, 2022 by and between the CITY OF LATHROP (" Sponsor") and the SAN JOAQUIN COLINCIL OF GOVERNMENTS acting as the Local Transportation Authority (" Authority").
Sponsor and Authority may each be referred to herein as " Party" or collectively as " Parties."
RECITALS
WHEREAS, Authority and Sponsor desire to enter into a Cooperative Agreement for funding oftransportation improvements in San Joaquin County pursuant to the authority provided by San Joaquin County Local Transportation Improvement Plan and Ordinance LTIP"), which was approved by the voters of San Joaquin County on November 7, 2006; and WHEREAS, Sponsor desires to receive funding from the Authority for the particular transportation improvement project specified herein (" Project"); and WHEREAS, the Project is eligible for funds ( as specified in the Measure K Renewal Strategic Plan) within the PASSENGER RAIL, BUS AND BICYCLE/ PEDESTRIAN funding category ofthe LTIP; and
WHEREAS, the Authority is authorized under the LTIP to issue Measure K Renewal funds to Sponsor in an amount up to $ 190, 000; and
WHEREAS, Authority shall issue reimbursement payments as provided in Section 2. 1 to Sponsor pursuant to a request for reimbursement submitted by the Sponsor; however, the Sponsor understands that in no event shall reimbursement payments, when aggregated with previously approved reimbursement requests, exceed the Measure K Renewal commitment set forth in the Project Cooperative Agreement of$ 190, 000 or 95%, whichever is less, of the total project costs as listed in Exhibit" A"; and
WHEREAS, any difference in cost which results in ( ess than $ 190, 000 of Measure K Renewal funds being spent on the Project shall be retained by the Authority for reallocation to any other eligible project; and
WHEREAS, Sponsor agrees to abide by the terms and conditions of the Authority as set forth herein for the receipt of Measure K Renewal funds; and WHEREAS, Authority agrees to provide funding for the transportation improvements of the Sponsor' s Project according to the terms and conditions set forth herein.
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NOW, THEREFORE, in consideration of the mutual promises and undertakings herein made and the mutual benefits to be derived therefrom, the parties hereto represent, covenant and agree as follows:
AGREEMENT
SECTION I
Covenants of Sponsor
1. 1. Project A plication. The Project description, scope of work, delivery schedule, corridor- specific cost by activity, anticipated amount and type of funds that will supplement Measure K Renewal funds, and the anticipated timing for release of Measure K Renewal funds and the Measure K Renewal " not to exceed" amount are specified in Exhibit" A," and incorporated herein by this reference.
1. 2. Chan e in Project Scope. A change in the Project scope as described in Exhibit " A" may not be implemented until it has been approved by the Authority. In no event, will a change of scope result in the Authority reimbursing more than $ 190, 000.
1. 3. Eligible Reimbursement Costs. Eligible reimbursement costs shall be as specified in Exhibit" A" or as may be approved from time to time by the Authority pursuant to Section 1. 2.
1. 4. Ri ht of Wa, Costs. It is understood that right-of-way acquisition costs are not eligible reimbursement costs of the Project.
1. 5. Measure K Renewal Percenta e Share Defined. For this Project, the estimated Measure K Renewal share of eligible reimbursements shall not exceed the lesser of$ 190, 000 or 80% ofthe total project costs listed in Exhibit" A".
l. 6. Invoices and Progress Reports. Starting one month after the execution ofthis contract, Sponsor shall provide quarterly progress reports and may provide invoices as often as monthly for activities conducted over the prior unbilled month( s). These documents shall include the following specified information:
1. 6. a. Copies of Consultant Invoices. Sponsor shall provide the Authority with one ( 1) copy of all invoices submitted to Sponsor by every consultant, subconsultant, contractor, or subcontractor performing work related to the Project.
1. 6. b. Progress Reports. The quarterly progress reports shall include a brief description of the status of the Project, the work completed to date, including any issues that may impact Project schedule. This summary may be included on the invoices submitted to the Authority or be attached to those invoices.
1. 7. Use of Funds. Sponsor shall use Measure K Renewal funds consistent with the Project scope of work, as described in Exhibit" A" or approved by the Authority pursuant to Section 1. 2.
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1. 8. Submittal of Bid Documents. All consultant contracts entered into pursuant to this capital funding agreement shall follow a competitive bidding process or give justification for using a sole source in a manner substantially similar to that described in the San Joaquin Council of Governments Financial Management& Accounting Processing ManuaL When the contract is awarded, Sponsor shall provide to the Authority one ( l) copy ofthe bid tabulation, and the bid schedule of the successful bidder, complete with unit prices and total award amount. All awarded contracts shall include performance bonds, labor and material bonds, a provision for liquidated damages, and may include any other penalty clauses for nonperformance of the contract. Sponsor shall provide copies to the Authority of all other executed contracts which relate to the Project scope, as described in Exhibit" A" or approved by the Authority pursuant to Section 1. 2. Sponsor shall retain records pertaining to the Project for a four ( 4) year period following completion ofthe Project.
1. 8. a. Communication to Authority. Upon inquiry, Sponsor shall communicate, verbal or written, to Authority or its representatives with Project documents, invoices and progress reports, at any time of Project activities consistent to the provisions specified in Section I ( 1. 6), ( 1. 7), ( 1. 8), and Section II ( 22).
1. 9. Completion of Project. Sponsor shall be responsible for the timely completion of the construction of the Project and provide management of consultant and contractor activities, including responsibility for schedule, budget and oversight of the services, consistent with the scope of work. Since Sponsor is responsible for project management and oversight, any and all costs which exceed $ 190, 000 of the total eligible costs set forth in Exhibit" A" shall be the sole responsibility of Sponsor. This provision shall apply in all instances including situations where a change in scope has been approved by the Authority pursuant to Section 1. 2.
1. 9. a. Letter of Project Completion. Sponsor shall provide a letter of project completion which includes final cost, revenues, schedule of activities, etc. This letter shall accompany the final invoice for payment from the sponsor to provide notice of project account closing by Authority.
1. 10. Public Outreach. Sponsor shall be responsible for the development and administration of a public outreach effort to ensure public awareness and involvement in the project development and project delivery in construction. Sponsor shall include the Authority staff in the distribution list of all draft and final copy of the public outreach plan and materials of the public outreach activities. Sponsor shall provide the Authority timely email and postal distribution of all public outreach materials including but not limited to public meeting notices, postcards, and other meeting information. The public outreach plan shall identify the Authority in the list of interested stakeholders or project partners. The public outreach plan shall accompany in the first invoice for payment from the Sponsor. All other public outreach materials, meeting summary, and attendance list shall accompany in the invoice for the billing period which the public outreach was performed.
1. 11. Excess Costs. In the event the actual Project cost exceeds the estimate shown in Exhibit" A," this amount will be considered an excess cost. Sponsor is solely responsible for all costs over the amount identified in Section 1. 5.
95 C- 22- 023
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1. 12. Errors and Omissions. Sponsor shall diligently monitor and manage all aspects of the Project and shall aggressively pursue any and all remedies, including full restitution and damages from any consultant, contractor, or sub- contractor and their insured and sureties suspected of any acts errors, or omissions committed during business activities that economically damage the project.
1. 13. Provision of Signs. Sponsor shall credit the Authority' s financial participation on the cover of the final report and forward an electronic copy of the final report to the Authority.
SECTION II
Covenants of Authoritv
2. 1. Reimbursement Pavments. The Authority shall make reimbursement payments to Sponsor for all eligible Project costs. To receive monthly reimbursement payments for work completed on the Project, Sponsor shall comply with the following reimbursement procedures:
2. 1. a. Deadline to Submit Reimbursement Requests. All invoices and progress reports shall be submitted to Authority on or before 5: 00 p. m. on the tenth (] Oth) calendar day of the month in which the Sponsor requests reimbursement payments. Authority shall issue reimbursement payments to Sponsor on or before the last day of the month for all timely submittals.
2. 1. b. Late Submittals. If Sponsor fails to submit documents to Authority as set forth in Section 2. l. a, above, then Authority shall provide reimbursement payments for late submittals in the following calendar month.
2. 1. c. Ineligib( e Costs. The Authority reserves the right to adjust current or future reimbursement payments to Sponsor if an invoice includes ineligible costs.
2. 1. d. Reimbursement Amount. The amount of reimbursement payments to Sponsor shall be equivalent to the Measure K Renewal percentage share for each invoice submitted to the Authority. The total reimbursement percentage share for this Project shall not exceed the lesser of$ 190, 000 or 95% and the available Measure K Renewal funds per fiscal year as specified in Exhibit" A".
2. 1. e. Suspension of Reimbursement. Reimbursement payments for the item( s) in question shall be suspended when a dispute arises as to whether or not the cost item( s) is eligible for reimbursement.
2. 1. e. ( 1) Meeting. Once a dispute has occurred, the Authority shall arrange a meeting between the Authority and the Sponsor' s staff to discuss and attempt to resolve the dispute. If the invoice was received on or before 5: 00 p. m. on the l Oth day of the month, the meeting shall be held no later than the 20th day of the same month. If the invoice was received after this date and time, then the meeting shall be held no later than the 20th day of the following month.
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2. 1. e. ( 2) Technical Advisory Committee. If an agreement cannot be reached at the meeting, then the Sponsor or the Authority shall have the option to take the dispute to the Authority' s Technical Advisory Committee, with the understanding that by doing so the reimbursement for the disputed cost item( s) will be delayed until a resolution of the matter is reached.
2. 1. e. ( 3) Board Decision. Ifthe Sponsor or the Authority disagrees with the resolution by the Technical Advisory Committee then the dispute shall be submitted to the San Joaquin Council of Governments Board for resolution. If the Board determines that the disputed cost item( s) is ineligible, the Authority shall not provide reimbursement payment to the Sponsor for the disputed item( s). If the Board determines that the disputed cost item( s) is eligible, then the Authority shall provide reimbursement payment to the Sponsor for the disputed cost.
2. 1. e. ( 4) Reservation of Ri hts. By utilizing the above procedures, the Sponsor does not surrender any rights to pursue available legal remedies ifthe Sponsor disagrees with the Board decision.
2. 1. f. Acceptance of Work Does Not Result In Waiver. Reimbursement payments do not result in a waiver of the right of the Authority to require fulfillment of all terms of this Agreement.
2. 2. Right to Conduct Audit. The Authority shall have the right to conduct an audit of all Sponsor' s records pertaining to the Project at any time during the four( 4) year period after completion of the Project.
SECTION III
Mutual Covenants
3. 1. Term. This Agreement shall remain in effect until discharged or terminated as provided in Section 3. 2 or Section 3. 14.
3. 2. Dischar e. This Agreement shall be subject to discharge as follows:
3. 2. a. Breach of Obli a tion. if a Party believes that, the other is in breach of this agreement, that Party shall provide written notice to the breaching Party and the written notice shall identify the nature of the breach. The breaching Party shall have thirty ( 30) days from the date of notice to initiate steps to cure any breach that is reasonably capable of being cured. Ifthe breaching Party diligently pursues cure, such Party shall be allowed a reasonable time to cure, not to exceed sixty ( 60) days from the date of the initial notice, unless a further extension is granted by the non-breaching Party. If the nonbreaching Party is not satisfied that there has been a cure by the end of the time for cure, the non- breaching Party may seek available legal remedies.
3. 2. b. Termination bv Mutual Consent. This Agreement may be terminated at any time by mutual consent of the Parties.
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3. 2. c. Discharge Upon Completion of Project. Except as to any rights or obligations which survive discharge as specified in Section 3. 13, this Agreement shall be discharged, and the Parties shall have no further obligation to each other, upon completion of the Project as certified by the Authority.
3. 3. Indemnitv. It is mutually understood and agreed, relative to the reciprocal indemnification of Authority and Sponsor:
3. 3. a. That neither Authority, nor any officer or employee thereof, shall be responsible for, and Sponsor shall fully defend, indemnify and hold harmless Authority against any damage or liability occurring by reason of anything done or omitted to be done by Sponsor under the Agreement. It is also fully understood and agreed that, pursuant to Government Code Section 895. 4, Sponsor shall fully defend, indemnify and hold the Authority harmless from any liability imposed for injury as defined by Government Code Section 810. 8 occurring by reason of anything done or omitted to be done by Sponsor under this Agreement or in connection with any work, authority, or jurisdiction delegated to Sponsor under this Agreement.
3. 3. b. That neither Sponsor nor any officer or employee thereof, shall be responsible for, and Authority shall fully defend, indemnify and hold harmless Sponsor against, any damage or liability occurring by reason of anything done or omitted to be done by Authority under or in connection with any work, authority or jurisdiction delegated to Authority under the Agreement. It is also understood and agreed that, pursuant to Government Code Section 895. 4, Authority shall fully defend, indemnify and hold the Sponsor harmless from any liability imposed for injury as defined by Government Code Section 8] 0. 8 occurring by reason of anything done or omitted to be done by Authority under this Agreement or in connection with any work, authority, or jurisdiction delegated to Authority under this Agreement.
3. 4. Notices. Any notice, which may be required under this Agreement, shall be in writing and shall be given by personal service, or by certified or registered mail, return receipt requested, to the addresses set forth below:
TO AUTHORITY: TO SPONSOR:
Diane Nguyen Stephen J. Salvatore
Executive Director City Manager
San Joaquin County Transportation Authority City of Lathrop 555 E. Weber Avenue 390 Towne Center Dr.
Stockton, CA 95202 Lathrop, CA 95330
98 C- 22- 023
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Either Party may change its address by giving notice of such change to the other Party in the manner provided in this Section 3. 4. All notices and other communications shall be deemed communicated as of actual receipt or after the second business day after deposit in the United States mail.
3. 5. Additional Acts and Documents. Each Party agrees to do all such things and take all such actions, and to make, execute and deliver such other documents and instruments, as shall be reasonably requested to carry out the provisions, intent and purpose of the Agreement.
3. 6. Inte ra This Agreement represents the entire Agreement of the Parties with respect to the subject matter hereof. No representations, warranties, inducements or oral agreements have been made by any of the Parties except as expressly set forth herein, or in other contemporaneous written agreements.
3. 7. Amendment. This Agreement may not be changed, modified or rescinded except in writing, signed by all Parties hereto, and any attempt at oral modification of this Agreement shall be void and of no effect.
3. 8. Independent A Sponsor renders its services under this Agreement as an independent agency and the Authority is also an independent agency under the Agreement. None of the Sponsor' s agents or employees shall be agents or employees of the Authority and none of the Authorities' agents or employees shall be agents or employees of Sponsor.
3. 9. Assi n ment• The Agreement may not be assigned, transferred, hypothecated, or pledged by any Party without the express written consent of the other Party.
3. 10. Bindin on Successors. This Agreement shall be binding upon the successor( s), assignee( s) or transferee( s) of the Authority or as the case may be. This provision shall not be construed as an authorization to assign, transfer, hypothecate or pledge this Agreement other than as provided above.
3. 11. Severability. Should any part of this Agreement be determined to be unenforceable, invalid, or beyond the authority of either Party to enter into or carry out, such determination shall not affect the validity ofthe remainder ofthis Agreement which shall continue in full force and effect; provided that, the remainder of this Agreement can, absent the excised portion, be reasonably interpreted to give effect to the intentions of the Parties.
3. 12. Counterparts. This Agreement may be executed in one or more counterparts and shall become effective when one or more counterparts have been signed by all ofthe Parties; each counterpart shall be deemed an original but all counterparts shall constitute a single document.
3. 13. Survival. The following provisions in this Agreement shall survive discharge:
3. 13. a. Sponsor. As to Sponsor, the following sections shall survive discharge:
Section 1. 6 ( obligation to apply funds to Project), Section 1. 7 ( obligation to
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provide copies and retain records), and Section l. 8 ( obligation to continue to manage Project).
3. 13. b. Authoritv. As to Authority, the following section shall survive discharge:
Section 2. 2 ( right to conduct audit).
3. 13. c. Both Parties. As to both Parties, the following sections shall survive discharge: Section 3. 2. a. ( obligation which survives termination), and Section 3. 3 mutual indemnities).
3. 14. Limitation. All obligations of Authority under the terms of this Agreement are expressly contingent upon the Authority' s continued authorization to collect and expend the sales tax proceeds provided by Measure K RenewaL If for any reason the Authority' s right or ability to collect or expend such sales tax proceeds is terminated or suspended in whole or part so that it materially affects the Authority' s ability to fund the project, the Authority shall promptly notify Sponsor, and the Parties shall consult on a course of action. lf, after twenty- ftve (25) working days, a course of action is not agreed upon by the Parties, this Agreement shall be deemed terminated by mutual or joint consent. Any future obligation to fund this project or any other project or projects of Sponsor, not already specifically covered by separate Agreement, shall arise only upon execution of a new Agreement.
3. 15. Attorneys' Fees. Should any litigation commence between the Parties concerning the rights and duties of any Party pursuant to, related to, or arising from, this Agreement, the prevailing Party in such litigation shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as and for its attorneys' fees and costs of such litigation, or in a separate action brought for that purpose.
3. 16. Time. Time is and shall be of the essence of this Agreement and each and all of its provisions in which performance is a factor.
3. l 7. Remedies Cumulative. No remedy or election of remedies provided for in this Agreement shall be deemed exclusive, but shall be cumulative with all other remedies at law or in equity. Each remedy shall be construed to give the fullest effect allowed by law.
3. 18. A licable Law. This Agreement shall be governed by, and construed and enforced in accordance with the laws of the State of California.
3. 19. Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the provisions of this Agreement and shall not affect the Project or interpretation of any of its provisions.
3. 20. No Continuin Waiver. The waiver by any Party of any breach of any of the provisions of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of the same, or of any other provision of this Agreement.
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3. 21. No Ri hts in Third Parties. Nothing in this Agreement, express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any third party, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third party to any Party to this Agreement, nor shall any provision of this Agreement give any third party any right of subrogation or action over or against any Party to this Agreement.
3. 22. Si nator_y' s Warrant Each Party warrants to each other that he or she is fully authorized and competent to enter into this Agreement in the capacity indicated by his or her signature and agrees to be bound by this Agreement as of the day and year first mentioned above upon the execution of this Agreement by each other Party.
IN WITNESS WHEREOF, the undersigned Parties have executed this Agreement on the day and year first written above.
SAN JOAQUIN COUNTY
CITY OF LATHROP TRANSPORTATION AUTHORITY
By: By:
STEPHEN J. SALVATORE LEO ZUBER
City Manager Chair
ATTEST: ATTEST:
By: By:
TERESA VARGAS DIANE NGUYEN, AICP
City Clerk Executive Director
APPROVED AS TO FORM:
By: By:
SALVADOR NAVARRETE STEVE DIAL
City Attorney Deputy Executive Director/ CFO
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EXHIBIT A
City of Lathrop
Active Transportation Plan
1. Project Name, Location:
Active Transportation Plan, City of Lathrop
2. Project Sponsor, Contact Person, Phone Number:
City of Lathrop
Michael King, Director of Public Works
209) 941- 7440
mkin aaci. lathrop. ca.us
3. Project Scope of Work:
The City proposes to update the adopted 1995 Bicycle Master Plan to include all forms of non- motorized transportation by procuring a qualifted Planning Consultant, reviewing the existing transportation infrastructure, identifying deficiencies, developing and prioritizing potential projects, holding public meetings to receive public comment, and compiling all findings into a single planning document that can be used to guide development and procure project funding through a variety of State and Federal funding sources. The Active Transportation Plan will encompass the entire City of Lathrop.
4. Expected Time of Delivery of Overall Project:
Start Date Com letion Date
Plannin Studies 02/ 08/ 2022 03/ 11/ 2024
5. Estimated Project Cost (as applicable for each of the phases described above):
Measure K Amount Total Cost
Plannin Studies 190, 000 200, 000
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Exhibit A
6. Expected Timing for Release of Measure K Funds by Quarter:
FY 21/ 22 FY 22/ 23 FY 23/ 24
July - September 25, 000 20, 000
October- December 25, 000 20, 000
January - March 25, 000 25, 000
April - June 25, 000 25, 000
TOTAL 50, 000 100, 000 40, 000 190, 000
7. Source( s) and Amount( s) of Funds for Project
Amount Percenta e
Measure K Bicycle, Pedestrian, and
Safe Routes to School Competitive Program
190, 000 95. 0%
City of Lathrop Local Funds 10, 000 5%
TOTAL 200, 000 100%
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ATTACHMENT C
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MEASURE K RENEWAL
COOPERATIVE AGREEMENT ( C- 22- 030)
FOR
CLASS II BIKEWAY TO ACE STATION
This Cooperative Agreement (" Agreement") is made and entered into this IOt" day of December, 2021 by and between the CITY OF LATHROP (" Sponsor") and the SAN JOAQUIN COLINCIL OF GOVERNMENTS acting as the Local Transportation Authority (" Authority").
Sponsor and Authority may each be referred to herein as " Party" or collectively as " Parties."
RECITALS
WHEREAS, Authority and Sponsor desire to enter into a Cooperative Agreement for funding of transportation improvements in San Joaquin County pursuant to the authority provided by San Joaquin County Local Transportation Improvement Plan and Ordinance (" LTIP"), which was approved by the voters of San Joaquin County on November 7, 2006; and WHEREAS, Sponsor desires to receive funding from the Authority for the Class II Bikeway to ACE Station specified herein (" Project"); and WHEREAS, the Project is eligible for funds ( as specified in the Measure K Renewal Strategic Plan) within the SMART GROWTH INCENTIVE PROGRAM funding category of the LTIP; and
WHEREAS, the Authority is authorized under the LTIP to issue Measure K Renewal funds to Sponsor in the amount up to $ 1, 001, 000; and
WHEREAS, Authority shall issue reimbursement payments as provided in Section 21 to Sponsor pursuant to a request for reimbursement submitted by the Sponsor; however, the Sponsor understands that in no event shall reimbursement payments, when aggregated with previously approved reimbursement requests, exceed the Measure K Renewal commitment set forth in the Project Cooperative Agreement of$ 1, 001, 000 or 95%, whichever is less, of the total project costs as listed in Exhibit" A"; and
WHEREAS, any difference in cost which results in less than $ 1, OO1, 000 of Measure K Renewal funds being spent on the Project shall be retained by the Authority for reallocation to any other eligible project; and
WHEREAS, Sponsor agrees to abide by the terms and conditions of the Authority as set forth herein for the receipt of Measure K Renewal funds; and WHEREAS, Authority agrees to provide funding for the transportation improvements of the Sponsor' s Project according to the terms and conditions set forth herein.
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NOW, THEREFORE, in consideration of the mutual promises and undertakings herein made and the mutual benefits to be derived therefrom, the parties hereto represent, covenant and agree as follows:
AGREEMENT
SECTION I
Covenants of Sponsor
1. 1. Project A plication. The Project description, scope of work, delivery schedule, corridor- specific cost by activity, anticipated amount and type of funds that will supplement Measure K Renewal funds, and the anticipated timing for release of Measure K Renewal funds and the Measure K Renewal" not to exceed" amount are specified in Exhibit" A," and incorporated herein by this reference.
1. 2. Change In Project Scope. A change in the Project scope as described in Exhibit " A" may not be implemented until it has been approved by the Authority. In no event will a change of scope result in the Authority reimbursing more than $ 1, 001, 000.
1. 3. Eli, ible Reimbursement Costs. Eligib(e reimbursement costs shall be as specified in Exhibit" A" or as may be approved from time to time by the Authoriry pursuant to Section 1. 2.
1. 4. Right of Wav Costs. It is understood that right- of-way acquisition costs are not eligible reimbursement costs of the Project.
1. 5. Measure K Renewal Percentage Share Defined. For this Project, the estimated Measure K Renewal share of eligible reimbursements shall not exceed the lesser of$ 1, 001, 000 or 95% of the total project costs listed in Exhibit" A".
1. 6. Invoices and Progress Reports. Starting one month after the execution ofthis contract, Sponsor shall provide quarterly progress reports and may provide invoices as often as monthly for activities conducted over the prior unbilled month( s). These documents shall include the following specified information:
1. 6. a. Copies of Consultant Invoices. Sponsor shall provide the Authority with one 1) copy of all invoices submitted to Sponsor by every consultant, subconsultant, contractor, or subcontractor performing work related to the Project.
1. 6. b. Pro ress Reports. The quarterly progress reports shall include a brief description of the status of the Project, the work completed to date, including any issues that may impact Project schedule. This summary may be included on the invoices submitted to the Authority or be attached to those invoices.
1. 7. Use of Funds. Sponsor shall use Measure K Renewal funds consistent with the Project scope of work, as described in Exhibit" A" or approved by the Authority pursuant to Section 1. 2.
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1. 8. Submittal of Bid Documents. All consultant contracts entered into pursuant to this capital funding agreement shall follow a competitive bidding process or give justification for using a sole source in a manner substantially similar to that described in the San Joaquin Council of Governments Financial Management & Accounting Processing Manual. When the contract is awarded, Sponsor shall provide to the Authority one ( 1) copy of the bid tabulation, and the bid schedule of the successful bidder, complete with unit prices and total award amount. All awarded contracts shall include performance bonds, labor and material bonds, a provision for liquidated damages, and may include any other penalty clauses for nonperformance of the contract. Sponsor shall provide copies to the Authority of all other executed contracts which relate to the Project scope, as described in Exhibit" A" or approved by the Authority pursuant to Section 12. Sponsor shall retain records pertaining to the Project for a four( 4) year period following completion of the Project.
1. 8. a Communication to Authority. Upon inquiry, Sponsor shall communicate, verbal or written, to Authority or its representatives with Project documents, invoices and progress reports, at any time of Project activities consistent to the provisions specified in Section I ( 1. 6), ( 1. 7), ( l. 8), and Section II ( 2. 2).
1. 9. Completion of Project. Sponsor shall be responsible for the timely completion of the construction of the Project and provide management of consultant and contractor activities, including responsibility for schedule, budget and oversight of the services, consistent with the scope of work. Since Sponsor is responsible for project management and oversight, any and all costs which exceed $ 1, 001, 000 of the total eligible costs set forth in Exhibit " A" shall be the sole responsibility of Sponsor. This provision shall apply in all instances including situations where a change in scope has been approved by the Authority pursuant to Section 1. 2.
1. 9. a. Letter of Project Completion. Sponsor shall provide a letter of project completion which includes final cost, revenues, schedule of activities, etc. This letter shall accompany the final invoice for payment from the sponsor to provide notice of project account closing by Authority.
1.] 0. Public Outreach. Sponsor shall be responsible for the development and administration of a public outreach effort to ensure public awareness and involvement in the project development and project delivery in construction. Sponsor shall include the Authority staff in the distribution list of all draft and final copy of the public outreach plan and materials of the public outreach activities. Sponsor shall provide the Authority timely email and postal distribution of all public outreach materials including but not limited to public meeting notices, postcards, and other meeting information. The public outreach plan shall identify the Authority in the list of interested stakeholders or project partners. The public outreach plan shall accompany in the first invoice for payment from the Sponsor. All other public outreach materials, meeting summary, and attendance list shall accompany in the invoice for the billing period which the public outreach was performed.
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1. 11. Excess Costs. In the event the actual Project cost exceeds the estimate shown in Exhibit " A," this amount will be considered an excess cost. Sponsor is solely responsible for all costs over the amount identified in Section 1. 5.
1. 12. Errors and Omissions. Sponsor shall diligently monitor and manage all aspects of the Project and shall aggressively pursue any and all remedies, including full restitution and damages from any consultant, contractor, or sub- contractor and their insured and sureties suspected of any acts errors, or omissions committed during business activities that economically damage the project.
1. 13. Provision of Signs. Sponsor shall install signs approved by the Authority consistent with the specifications set forth in Exhibit` B" ofthis Agreement, attached hereto and incorporated herein by this reference. Signs shall be posted at both ends of the project boundaries for visibility to motorists traveling in either direction.
SECTION II
Covenants of Authority
2. 1. Reimbursement Payments. The Authority shall make reimbursement payments to Sponsor for all eligible Project costs. To receive monthly reimbursement payments for work completed on the Project, Sponsor shall comply with the following reimbursement procedures:
2. 1. a. Deadline to Submit Reimbursement Requests. All invoices and progress reports shall be submitted to Authority on or before 5: 00 p. m. on the tenth ( l Oth) calendar day of the month in which the Sponsor requests reimbursement payments. Authority shall issue reimbursement payments to Sponsor on or before the last day of the month for all timely submittals.
2. 1. b. Late Submittals. If Sponsor fails to submit documents to Authority as set forth in Section 2. l. a, above, then Authority shall provide reimbursement payments for late submittals in the following calendar month.
2. l. c. Ineli; ible Costs. The Authority reserves the right to adjust current or future reimbursement payments to Sponsor if an invoice includes ineligible costs.
2. 1. d. Reimbursement Amount. The amount of reimbursement payments to Sponsor shall be equivalent to the Measure K Renewal percentage share for each invoice submitted to the Authority. The total reimbursement percentage share for this Project shall not exceed the lesser of$ 1, OO1, 000 or 95% and the available Measure K Renewal funds per fiscal year as specified in Exhibit" A".
2. l. e. Suspension of Reimbursement. Reimbursement payments for the item( s) in question shall be suspended when a dispute arises as to whether or not the cost item( s) is eligible for reimbursement.
2. 1. e.( 1) Meetin. Once a dispute has occurred, the Authority shall arrange a meeting between the Authority and the Sponsor' s staff to discuss and attempt to
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resolve the dispute. Ifthe invoice was received on or before 5: 00 p.m. on the l Oth day ofthe month, the meeting shall be held no later than the 20th day of the same month. Ifthe invoice was received after this date and time, then the meeting shall be held no later than the 20th day ofthe following month.
2. 1. e.( 2) Technical Advisory Committee. If an agreement cannot be reached at the meeting, then the Sponsor or the Authority shall have the option to take the dispute to the Authority' s Technical Advisory Committee, with the understanding that by doing so the reimbursement for the disputed cost item( s) will be delayed until a resolution of the matter is reached.
2. l. e.( 3) Board Decision. Ifthe Sponsor or the Authority disagrees with the resolution by the Technical Advisory Committee then the dispute shall be submitted to the San Joaquin Council of Governments Board for resolution. If the Board determines that the disputed cost item( s) is ineligible, the Authority sha( 1 not provide reimbursement payment to the Sponsor for the disputed item( s). If the Board determines that the disputed cost item( s) is eligible, then the Authority shall provide reimbursement payment to the Sponsor for the disputed cost.
2. 1. e.( 4) Reservation of Ri. By utilizing the above procedures, the Sponsor does not surrender any rights to pursue available legal remedies if the Sponsor disagrees with the Board decision.
2. 1. f. Acceptance of Work Does Not Result In Waiver. Reimbursement payments do not result in a waiver ofthe right ofthe Authority to require fulfillment of all terms of this Agreement.
2. 2. Ri ht to Conduct Audit. The Authority shall have the right to conduct an audit of all Sponsor' s records pertaining to the Project at any time during the four ( 4) year period after completion of the Project.
SECTION III
Mutual Covenants
3. 1. Term. This Agreement shall remain in effect until discharged or terminated as provided in Section 3. 2 or Section 3. 14.
3. 2. Dischar e. This Agreement shall be subject to discharge as follows:
3. 2. a. Breach of Obli; ation. If a Party believes that the other is in breach of this agreement, that Party shall provide written notice to the breaching Party and the written notice shall identify the nature of the breach. The breaching Party shall have thirty ( 30) days from the date of notice to initiate steps to cure any breach that is reasonably capable of being cured. Ifthe breaching Party diligently pursues cure, such Party shall be allowed a reasonable time to cure, not to exceed sixty ( 60) days from the date ofthe initial notice, unless a further extension is granted by the non-breaching Party. If the nonPage 5 of l 1 108
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breaching Party is not satisfied that there has been a cure by the end of the time for cure, the non- breaching Party may seek available legal remedies.
3. 2. b. Termination bv Mutual Consent. This Agreement may be terminated at any time by mutual consent of the Parties.
3. 2. c. Dischar pon Completion of Project. Except as to any rights or obligations which survive discharge as specified in Section 3. 13, this Agreement shall be discharged, and the Parties shall have no further obligation to each other, upon completion of the Project as certified by the Authority.
3. 3. Indemnity. It is mutually understood and agreed, relative to the reciprocal indemnification of Authority and Sponsor:
3. 3. a. That neither Authority, nor any officer or employee thereof, shall be responsible for, and Sponsor shall ful( y defend, indemnify and hold harmless Authority against any damage or liability occurring by reason of anything done or omitted to be done by Sponsor under the Agreement. It is also fully understood and agreed that, pursuant to Government Code Section 895. 4, Sponsor shall fully defend, indemnify and hold the Authority harmless from any liability imposed for injury as defined by Government Code Section 810. 8 occurring by reason of anything done or omitted to be done by Sponsor under this Agreement or in connection with any work, authority, or jurisdiction delegated to Sponsor under this Agreement.
3. 3. b. That neither Sponsor nor any officer or employee thereof, shall be responsible for, and Authority sha( 1 fully defend, indemnify and hold harmless Sponsor against, any damage or liability occurring by reason of anything done or omitted to be done by Authority under or in connection with any work, authority or jurisdiction delegated to Authority under the Agreement. It is also understood and agreed that, pursuant to Government Code Section 895. 4, Authority shall fully defend, indemnify and hold the Sponsor harmless from any liability imposed for injury as defined by Government Code Section 810. 8 occurring by reason of anything done or omitted to be done by Authority under this Agreement or in connection with any work, authority, or jurisdiction delegated to Authority under this Agreement.
3. 4. Notices. Any notice which may be required under this Agreement shall be in writing and shall be given by personal service, or by certified or registered mail, return receipt requested, to the addresses set forth below:
TO AUTHORITY:
TO SPONSOR:
Diane Nguyen
Executive Directar Stephen J. Salvatore
San Joaquin County Transportation Authority City Manager 555 E. Weber Avenue City of Lathrop
Stockton, CA 95202 390 Towne Centre Drive
Lathrop, CA 95330
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Either Party may change its address by giving notice of such change to the other Party in the manner provided in this Section 3. 4. All notices and other communications shall be deemed communicated as of actual receipt or after the second business day after deposit in the United States mail.
3. 5. Additional Acts and Documents. Each Party agrees to do all such things and take all such actions, and to make, execute and deliver such other documents and instruments, as shall be reasonably requested to carry out the provisions, intent and purpose of the Agreement.
3. 6. Inte ra tion. This Agreement represents the entire Agreement of the Parties with respect to the subject matter hereo£ No representations, warranties, inducements or oral agreements have been made by any of the Parties except as expressly set forth herein, or in other contemporaneous written agreements.
3. 7. Amendment. This Agreement may not be changed, modified or rescinded except in writing, signed by all Parties hereto, and any attempt at oral modification of this Agreement shall be void and of no effect.
3. 8. Independent A enc Sponsor renders its services under this Agreement as an independent agency and the Authority is also an independent agency under the Agreement. None of the Sponsor' s agents or employees shall be agents or employees of the Authority and none of the Authorities' agents or employees shall be agents or employees of Sponsor.
3. 9. Assi nment. The Agreement may not be assigned, transferred, hypothecated, or pledged by any Party without the express written consent of the other Party.
3. 10. Bindin on Successors. This Agreement shall be binding upon the successor( s), assignee( s) or transferee( s) of the Authority or as the case may be. This provision shall not be construed as an authorization to assign, transfer, hypothecate or pledge this Agreement other than as provided above.
3. 11. Severability. Should any part of this Agreement be determined to be unenforceable, invalid, or beyond the authority of either Party to enter into or carry out, such determination shall not affect the validity of the remainder of this Agreement which shall continue in full force and effect; provided that, the remainder of this Agreement can, absent the excised portion, be reasonably interpreted to give effect to the intentions of the Parties.
3. 12. Counterparts. This Agreement may be executed in one or more counterparts and shall become effective when one or more counterparts have been signed by all of the Parties; each counterpart shall be deemed an original but all counterparts shall constitute a single document.
3. 13. Survival. The following provisions in this Agreement shall survive discharge:
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3. 13. a. Sponsor. As to Sponsor, the following sections shall survive discharge:
Section 1. 6 ( obligation to apply funds to Project), Section 1. 7( obligation to provide copies and retain records), Section 1. 8 ( obligation to continue to manage Project).
3. 13. b. Authoritv. As to Authority, the following section shall survive discharge:
Section 2. 2 ( right to conduct audit).
3. 13. c. Both Parties. As to both Parties, the following sections shall survive discharge: Section 3. 2. a. ( obligation which survives termination), and Section 33 mutual indemnities).
3. 14. Limitation. All obligations of Authority under the terms of this Agreement are expressly contingent upon the Authority' s continued authorization to collect and expend the sales tax proceeds provided by Measure K RenewaL If for any reason the Authority' s right or ability to collect or expend such sales tax proceeds is terminated or suspended in whole or part so that it materially affects the Authority' s ability to fund the project, the Authority shall promptly notify Sponsor, and the Parties shall consult on a course of action. lf,after twenty- five( 25) working days, a course of action is not agreed upon by the Parties, this Agreement shall be deemed terminated by mutual or joint consent. Any future obligation to fund this project or any other project or projects of Sponsor, not already specifically covered by separate Agreement, shall arise only upon execution of a new Agreement.
3. 15. Attornevs' Fees. Should any litigation commence between the Parties concerning the rights and duties of any Party pursuant to, related to, or arising from, this Agreement, the prevailing Party in such litigation shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as and for its attorneys' fees and costs of such litigation, or in a separate action brought for that purpose.
3. 16. Time. Time is and shall be of the essence of this Agreement and each and all of its provisions in which performance is a factor.
3. 17. Remedies Cumulative. No remedy or election of remedies provided for in this Agreement shall be deemed exclusive, but shall be cumulative with all other remedies at law or in equity. Each remedy shall be construed to give the fullest effect allowed by law.
3. 18. Applicable Law. This Agreement shall be governed by, and construed and enforced in accordance with the laws of the State of California.
3. 19. Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the provisions of this Agreement and shall not affect the Project or interpretation of any of its provisions.
3. 20. No Continuin Waiver. The waiver by any Party of any breach of any of the provisions ofthis Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of the same, or of any other provision of this Agreement.
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3. 21. No Rights in Third Parties. Nothing in this Agreement, express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any third party, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third party to any Party to this Agreement, nor shall any provision of this Agreement give any third party any right of subrogation or action over or against any Party to this Agreement.
3. 22. Sin
atory' s Warrant Each Party warrants to each other that he or she is fully authorized and competent to enter into this Agreement in the capacity indicated by his or her signature and agrees to be bound by this Agreement as of the day and year first mentioned above upon the execution of this Agreement by each other Party.
IN WITNESS WHEREOF, the undersigned Parties have executed this Agreement on the day and year first written above.
CITY OF LATHROP SAN JOAQUIN COUNTY
TRANSPORTATION AUTHORITY
By: By:
STEPHEN J. SALVATORE LEO ZUBER
City Manager Chair
ATTEST: ATTEST:
By: By:
TERESA VARGAS DIANE NGUYEN
Government Services Director Executive Director
City Cierk
APPROVE AS TO FO . APPROVE AS TO FORM:
By: By:
SALVADOR NAVARRETE STEVE DIAL
City Attorney Deputy Executive Director/ CFO
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EXHIBIT A
City of Lathrop
Class II Bikeway to ACE Station
1. Project Name, Location:
Class II Bikeway to ACE Station
See Attached Project Vicinity Map)
2. Project Sponsor, Contact Person, Phone Number:
City of Lathrop
Michael King, Director of Public Works
209) 941- 7454
mkin nci.lathr. ca. us
3. Project Scope of Work:
The project will design and construct approximately 4. 2- miles of Class II bikeway south on Harlan Road from Louise Avenue to the Lathrop/ Manteca ACE Station. The project will include striping, signal and signing improvements to facilitate the bikeway for multi- modal users. The project will connect residents north of Louise Avenue and in the growing River Islands neighborhood to the Lathrop/ Manteca ACE commuter train station.
4. Expected Time of Delivery of Overall Project:
Start Date Com letion Date
Preliminar Desi n/ Environmental 2/ l4/ 2022 7/ 4/ 2022 Final Desi n 7/ 11/ 2022 7/ l l/ 2023
Ri ht of Wa Ac uisition
Construction 8/ 8/ 2023 2/ 12/ 2024
5. Estimated Project Cost ( as applicable for each of the phases described above):
Measure K Amount Total Cost
Preliminary Design/ Environmental 178, 840 188, 250
Final Design 107, 300 112, 950
Ri ht of Wa Ac uisition
Construction 715, 350 752, 999
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6. Expected Timing for Release of Measure K Funds by Quarter:
FY 21/ 22 FY 22/ 23 FY 23/ 24
July - September 100, 000 100, 000
October- December 100, 000 100, 000
January - March $ 100, 000 100, 000 100, 000
April - June $ 100, 000 100, 000 101, 000
TOTAL $ 200, 000 400, 000 401, 000 1, 001, 000
7. Source( s) and Amount( s) of Funds for Project
Amount Percenta e
Measure K Smart Growth 1, 001, 000 95%
City of Lathrop Local Funds 53, 199 5%
TOTAL 1, 054, 199 100%
8. Project Vicinity Map ( see attached):
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116
CITY MANAGER' S REPORT
7ANUARY 10, 2022 REGULAR CITY COUNCIL MEETING ITEM 4. G ITEM: INFORMATION SYSTEMS SERVER REPLACEMENTS
AND SOFTWARE LICENSES
RECOMMENDATION: Adopt a Resolution Approving a Lease Purchase Agreement with Hewlett Packard Financial Services
for End- of- Life Server Replacements and Software
Licenses Provided by Solid Networks, Inc. for
Disaster Recovery Site
SUMMARY:
The City has been utilizing a disaster recovery site to minimize downtime for redundancy purposes in the event that City Hall is not available due to a security breach or natural disaster. A disaster recovery site is an essential business process for proper operations in today' s information systems climate. These services are crucial for protecting the City' s business continuity in the event of a security breach or natural disaster.
As part of keeping the information systems secured, it is necessary for the City to acquire the most up to date equipment and software. As vendors announced their end- of- life milestone for their equipment and software, it is imperative to replace them. Staff requested quotes from authorized vendors for the replacement of two servers due to its end- of- life status with the renewal of software licensing. The City received the following three ( 3) proposals:
Vendor uote
1 Solid Networks
au u$
137, 915 36
2 Southern Computer Warehouse $ 255, 863. 90 '
3 GHA Technologies, Inc. 271, 722. 75 '
Solid Networks presented the lowest cost proposal for $ 137, 915. This provides the necessary hardware and software licenses to replace the end- of-life servers located at the City' s designated disaster recovery site. In order to purchase from Solid Network, Inc., the City would enter into a lease purchase agreement with Hewlett Packard Financial Services ( Attachment " B"). The lease would allow the City to pay monthly installments at 0% interest rate, instead of paying the full cost upfront. The monthly lease payment would be $ 3, 831 for 36 months and at the end of the term, the City will purchase the equipment for $ 1.
Tonight, staff is requesting Council adopt a resolution approving a lease purchase agreement with Hewlett Packard Financial Services for Solid Networks, Inc. to provide the necessary hardware and software licenses to replace the end of- life equipment and licensing at the City' s disaster recovery site.
BACKGROUND:
The City has been utilizing a disaster recovery site to minimize the impact of a data loss, security breaches, or natural disasters. Disaster recovery sites are an essential 117
CITY MANAGER' S REPORT PAGE 2
JANUARY 10, 2022 REGULAR CITY COUNCIL MEETING
LEASE PURCHASE AGREEMENT WITH HEWLETT PACKARD FINANCIAL
SERVICES
business process for the proper operations of data in today' s information systems climate.
These services are crucial for protecting the City' s business continuity in the event of data loss, security breaches, or natural disasters. The current system has reached its end- of- life cycle and is no longer supported by the manufacturer.
Therefore, staff requested quotes from authorized vendors for the replacement of servers and software licensing. The City received three proposals. Solid Networks, Inc. was the lowest cost proposal for $ 137, 915. The proposal provides the necessary hardware and software licensing to replace the end- of- life servers and software licenses. In order to purchase from Solid Network, Inc., the City would enter into a lease purchase with Hewlett Packard Financial Services. The lease would allow the City to pay monthly installments at 0% interest rate instead of paying the full cost upfront. The monthly lease payment would be $ 3, 831 for 36 months.
REASON FOR RECOMMENDATION:
Staff is requesting Council adopt a resolution approving the lease purchase agreement with Hewlett Packard Financial Services for Solid Network, Inc. hardware and software licensing. The current hardware and software licensing has reached its end- of- life cycle for the disaster recovery site, this new hardware has a minimum life span of three years.
FISCAL IMPACT:
The lease term of the agreement is 36 months or $ 3, 831 per month, at 0% interest rate. The terms include a $ 1 buyout at the end of the 36 month lease. Sufficient funding for the lease payments were anticipated and is included in the FY 2021- 23 Biennial Budget. No additional budget amendment is needed.
ATTACHMENTS:
A. Resolution Approving Lease Purchase Agreement with Hewlett Packard Financial Services for End- of- Life Server Replacements and Software Licenses Provided by Solid Networks, Inc. for the Disaster Recovery Site B. Hewlett Packard Financial Services Financial Services Proposal 118
CITY MANAGER' S REPORT PAGE 3
JANUARY 10, 2022 REGULAR CITY COUNCIL MEETING
LEASE PURCHASE AGREEMENT WITH HEWLETT PACKARD FINANCIAL
SERVICES
APPROVALS:
l f ' Z
ernandes Date
Chief Information Officer
L ol ICa ' James Date
Finance Dire tor
5 - ZO ZZ
Salvador Navarrete Date
City Attorney
f=oii ZoZ2
Stephen Salvat
l
Date
City Manager
119
RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP
APPROVING A LEASE PURCHASE AGREEMENT WITH HEWLETT PACKARD
FINANCIAL SERVICES FOR END- OF- LIFE SERVER REPLACEMENTS AND SOFTWARE LICENSES PROVIDED BY SOLID NETWORKS, INC. FOR THE
DISASTER RECOVERY SITE
WHEREAS, the City has been a utilizing disaster recovery site to minimize downtime for redundancy purposes in the event that City Hall is not available due to security breaches or natural disasters; and
WHEREAS, disaster recovery sites are an essential business process for the proper operations in today' s information systems climate; and WHEREAS, these services are crucial for protecting the City' s business continuity in the event of a security breaches or natural disasters; and WHEREAS, as part of keeping the information systems secured, it is necessary for the City to acquire the most up to date equipment and software; and WHEREAS, the lowest cost proposal was provided by Solid Networks, Inc for a sum of $ 137, 915 for all the necessary hardware and software licenses to replace the end- of- life servers located at the City' s disaster recovery site; and WHEREAS, in order to purchase from Solid Network, Inc., the City would enter into a lease purchase agreement with Hewlett Packard Financial Services to allow the City to pay monthly installments at 0% interest rate, instead of paying the full cost upfront.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lathrop does hereby authorized the City Manager to execute all necessary documents and lease purchase agreement with Hewlett Packard Financial Services for end- of- life server replacements and software licenses provided by Solid Networks, Inc. for the City' s designated disaster recovery site at a cost of $ 3, 831 per month for 36 months at 0% interest rate.
Pagelof2
Attachment " A"
120
The foregoing resolution was passed and adopted this 10th day of January, 2022, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney Page2of2
Attachment " A"
121
l
HP integrated Financial Services
Financial Services Proposal
Prepared for: City of Lathrop, CA.
Submitted: January 4, 2022
Create financial vitality. Any tech. Anytime. Anywhere.
Do more with your budget. Accelerate your migration. With technology changing every day, leasing provides you with the flexibility you need to meet your ongoing business needs, as well as being a cost effective way to use operating capital and preserve bank credit lines. The following payment alternatives are available from HP Financial Services.
Tax Exempt Installment Sale ($ 1 Buyout)
In a Tax- exempt Installment Sale structure, payments consist of both principal and interest, with the interest being excludable from the Lessor's gross income for Federal income tax purposes.
During the term of the Lease the Concluding Payment— primarily consisting of unpaid principal would decline as each Lease Payment was made and applied. Under this structure Title typically passes to the Lessee at the Lease Acceptance and the Lessor would file a security interest in the equipment. Once the original base Lease Payments are made the Lessee owns the equipment free and clear.
Licenses
Product cost 52, 894. 80 ( excludes sales tax)
Purchase Option TEIS
Lease Term 36 months
Payments: 1, 469. 30— monthly arrears payments
Rate: 0%
With approved credit. Pricing is valid only if product is delivered and accepted by March 25, 2022. TEIS pricing is only valid for 100% public accounts only.
We appreciate the opportunity to provide you with this proposal. Please call me if you have any questions, or if I can be of further help.
Sincerely,
Ezra Shepard
HPE Financfal Services
Public Sector Sales
Desk: 970- 898- 4052
Cell: 505- 235- 4772
Fax: 866- 251- 2418
ezra. shenardC hne. com
ATTACH IENT' '" i°
122
Confidentiality: This letter is delivered to you with the understanding that neither this letter nor its substance shall be disclosed by Lessee to any third party.
Basis of Proposal: This letter is a proposal for discussion purposes only and does not represent either an offer or a commitment of any kind on the part of HPEFS. It does not purport to be inclusive of all terms and conditions that will apply to a leasing transaction between us. Neither party to the proposed transaction shall be under any legal obligation whatsoever until, among other things, HPEFS has obtained all required internal approvals( including credit approvals) and both parties have agreed upon all essential terms of the proposed transaction and executed mutually acceptable definitive written documentation. This proposal can be modified or withdrawn by HPEFS at any time.
Either party may terminate discussions and negotiations regarding a possible transaction at any time, without cause and without any liability whatsoever. 123
I
HP Integrated Financial Services
Financial Services Proposal
Prepared for: City of Lathrop, CA.
Submitted: January 4, 2022
Create financial vitality. Any tech. Anytime. Anywhere.
Do more with your budget. Accelerate your migration. With technology changing every day, leasing provides you with the flexibility you need to meet your ongoing business needs, as well as being a cost effective way to use operating capital and preserve bank credit lines. The following payment alternatives are available from HP Financial Services.
Tax Exempt Installment Sale ($ 1 Buyout)
In a Tax- exempt Installment Sale structure, payments consist of both principal and interest, with the interest being excludable from the Lessor' s gross income for Federal income tax purposes.
During the term of the Lease the Concluding Payment— primarily consisting of unpaid principal would decline as each Lease Payment was made and applied. Under this structure Title typically passes to the Lessee at the Lease Acceptance and the Lessor would file a security interest in the equipment. Once the original base Lease Payments are made the Lessee owns the equipment free and clear.
Hardware
Product cost 85, 020.56 ( excludes sales tax)
Purchase Option TEIS
Lease Term 36 months
Payments: 2, 361. 68— monthly arrears payments
Rate: p%
Sales tax due in full upfront with payment- 1*
With approved credit. Pricing is valid only if product is delivered and accepted by March 31, 2022. TEIS pricing is only valid for 100% public accounts only.
We appreciate the opportunity to provide you with this proposal. Please call me if you have any questions, or if I can be of further help.
Sincerely,
Ezra Shepard
HPE inanCial ServiCes
Public Sector Sales
Desk: 970- 898- 4052
Cel I: 505- 235- 4772
Fax: 866- 251- 2418
ezra. sheqardCu? hqe. com
124
Confidentiality: This letter is delivered to you with the understanding that neither this letter nor its substance shall be disclosed by Lessee to any third party.
Basis of Proposal: This letter is a proposal for discussion purposes only and does not represent either an offer or a commitment of any kind on the part of HPEFS. It does not purport to be inclusive of all terms and conditions that will apply to a leasing transaction between us. Neither party to the proposed transaction shall be under any legal obligation whatsoever until, among other things, HPEFS has obtained all required internal approvals( including credit approvals) and both parties have agreed upon all essential terms of the proposed transaction and executed mutually acceptable definitive written documentation. This proposal can be modified or withdrawn by HPEFS at any time.
Either party may terminate discussions and negotiations regarding a possible transaction at any time, without cause and without any liability whatsoever. 125
126
ITEM 4. 7
CITY MANAGER' S REPORT
JANUARY 10, 2022 CITY COUNCIL REGULAR MEETING
ITEM: APPROVAL OF RESERVE WASTEWATER
TREATMENT CAPACITY TRANSFER FROM CITY
OF LATHROP TO SAYBROOK CLSP, LLC AND A
RELATED BUDGET AMENDMENT
RECOMMENDATION: Adopt Resolution Approving the Sale and Transfer Agreement of 54, 200 GPD Reserve
Wastewater Treatment Capacity in the
Consolidated Treatment Facility from City of
Lathrop to Saybrook CLSP, LLC for Phase 1D1
Final Maps and a Related Budget Amendment
SUMMARY:
Saybrook CLSP, LLC (" Saybrook") owns parcels ( as Lathrop Land Acquisition, LLC) within the Central Lathrop Specific Plan area. Saybrook has used all their Initial and Reserve wastewater treatment capacity in the Consolidated Treatment Facility CTF") with their recent final maps and has requested to purchase Reserve Capacity for their Phase iDl final maps. The City has remaining Reserve Capacity, and this capacity must be first offered to developers who funded the CTF expansion and have used their Reserve Capacity.
Staff recommends Council approve the requested sale and transfer of 54, 200 gallons per day ( GPD) of wastewater treatment capacity and authorize the City Manager to execute the Reserve Wastewater Treatment Capacity Transfer Agreement (" Transfer Agreement").
BACKG ROU N D:
In November 2016, the City and several developers entered into a Design and Construction Funding Agreement Related to the Phase 2 Expansion of Existing Lathrop Consolidated Treatment Facility ( CTF 2 Agreement", Exhibit A of Attachment B). The CTF 2 Agreement assigned sewer allocation in two categories, Initial Capacity and Reserve Capacity, with the Initial Capa city being immediately available and the Reserve Capacity being subject to demonstration of need. Capacity assigned is shown in Table 1 below:
127
CITY MANAGER' S REPORT PAGE 2
ANUARY 10, 2022 CITY COUNCIL REGULAR MEETING
APPROVAL OF RESERVE WASTEWATER TREATMENT CAPACITY TRANSFER
FROM CITY OF LATHROP TO SAYBROOK CLSP, LLC AND A RELATED BUDGET
AMENDMENT
Table 1 - CTF Capacity Assignments
Develo er Initial Ca acit Reserve Ca acit % Of Ex ansion River Islands 652 840 237 396 59. 35 %
Crossroads Owned b Cit 216, 000 78, 545 19. 64 %
Crossroads Richland 114 000 41 455 10. 36 %
Sa brook 100, 000 36 364 9. 09 %
Lathro Mossdale Investors 17 160 6 Z40 1. 56%
Total 1, 100, 000 400, 000 100. 00 %
Richland Developers, Inc. transferred all of their Initial and Reserve capacity to South Lathrop Land, LLC ( SLL) for use in the South Lathrop Specific Plan area as documented in the Transfer Agreement between SLL and Richland Developers Inc., adopted by the City Ordinance No. 18- 390.
Saybrook CLSP, LLC ( Saybrook) owns the property ( as Lathrop Land Acquisition, LLC) for a mixed- use development including residential, retail, office, and other public/ semi- public uses such as schools, parks, and other civic- oriented facilities pursuant to the Central Lathrop Specific Plan (" Saybrook Project"). Saybrook also entered into the CTF 2 Agreement, whereby the City allocated 100, 000 gpd in Initial Wastewater Treatment Capacity, and 36, 364 gpd of Reserve Wastewater Treatment Capacity.
Developers are required to allocate sewer capacity tq all lots within a final map prior to approval by City Council. Saybrook intends to request Council approval of a final map for Tract 4105, Phase 1D1, at the March 2022 Council meeting. The final map for Tract 4105, plus the prior Saybrook final maps for Phase 1A, 1B, and 1C ( Tracts 3808, 3809, 3810, 3811, 3812, 4017, 4018, and 4062), will require the use of all of Saybrook' s Initial Capacity and Reserve Capacity plus the Reserve Capacity they purchased from South Lathrop Land, LLC on September 14, 2020. Reserve Capacity they purchased from the City on September 13, 2021. It will still require additional sewer capacity in the amount of 54, 200 gpd.
Saybrook has demonstrated their need to use all of their Reserve Capacity and is considered a Perfected Developer per Section 7C of the CTF 2 Agreement, providing them the option to request to purchase Reserve Capacity from other participants in the CTF 2 Agreement. As a Developer, Saybrook made a Reserve Capacity Requests to the City for 54, 200 gpd ( 271 lots at 200 gpd/ home) ( Attachment B).
The purchase price has been established by the City in accordance with the CTF 2 Agreement as $ 32. 98/ gpd, and so the purchase price for 54, 200 gpd is $ 1, 787, 516.
Section 7 of the CTF 2 Agreement requires that, before the Reserve Capacity can be allocated from the City to the developer, developers must demonstrate that they will use the Reserve Capacity within the one year. Saybrook demonstrated they would use the 54, 200 gpd of Reserve Capacity to approve Phase 1D1 Tract 4105 in the very near future.
128
CITY MANAGER' S REPORT PAGE 3
JANUARY 10, 2022 CITY COUNCIL REGULAR MEETING
APPROVAL OF RESERVE WASTEWATER TREATMENT CAPACITY TRANSFER
FROM CITY OF LATHROP TO SAYBROOK CLSP, LLC AND A RELATED BUDGET
AMENDMENT
However, with delays in processing due to Covid- 19, Saybrook is asking for two years to get approval for final maps to use the capacity. Staff recommends approval of that request.
Section 4d of the CTF 2 Agreement exempted allocation transfers from the City' s Transfer Policy, but required allocation transfers to comply with Schedule 3 of the CTF 2 Agreement and be approved by City Council. Consistent with Schedule 3 of the CTF 2 Agreement, Saybrook filed an application in the form of a Reserve Wastewater Treatment Capacity Transfer Agreement ( Transfer Agreement", Attachment C) with the City and Saybrook to effect the sale/ transfer of 54, 200 gpd of Reserve Wastewater Treatment Capacity. Saybrook has also provided the City with the 10% down payment ($ 178, 751. 60) required. The reallocation form to transfer this capacity to Saybrook is included as Exhibit A to Attachment C.
The City has limited sewer capacity. For that reason, the City recently began design of the next expansion of the CTF. Construction of the expansion will provide added treatment capacity when needed for continued development of the City.
REASON FOR RECOMMENDATION:
The Public Works Director has confirmed that the requested Transfer Agreement is consistent with the City' s General Plan, Sewer Master Plan and Zoning Ordinance.
The Public Works Director and the City Engineer recommend City Council approve the sewer transfer and authorize the City Manager to execute the Transfer Agreement, approved as to form by the City Attorney, with the applicant.
FISCAL IMPACT:
Saybrook will pay to the City $ 1, 787, 516 for the purchase of 54, 200 gpd of Reserve Phase 2 CTF sewer treatment capacity and therefore a budget amendment is required as follows:
Increase Revenue
6030- 5030- 318- 0470 $ 1, 787, 516
ATTACH M ENTS:
A. Resolution Approving the Sale and Transfer Agreement of 54, 200 GPD Reserve Wastewater Treatment Capacity in the Consolidated Treatment Facility from City of Lathrop to Saybrook CLSP, LLC for Phase 1D1 Final Maps and a Related Budget Amendment
B. Request Letter dated, December 14, 2021 for Stanford Crossing Phase 1D1 C. Reserve Wastewater Treatment Capacity Transfer Agreement ( Transfer Agreement) from City to Saybrook
129
CITY MANAGER' S REPORT PAGE 4
JANUARY 10, 2022 CITY COUNCIL REGULAR MEETING
APPROVAL OF RESERVE WASTEWATER TREATMENT CAPACITY TRANSFER
FROM CITY OF LATHROP TO SAYBROOK CLSP, LLC AND A RELATED BUDGET
AMENDMENT
APPROVALS
12 f
2c J2oz1
Michael King Date
Director of Public Works
Z .s,
Glenn Gebhardt Date
City gineer
G '` j// c;` l
Cari Jam es Date
Finance ' r ctor
z- 16- zs 2-(
Salvador Navarrete Date
City Attorney
I• • 2Z
St en J. Salvatore Date
City Manager
130
RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING THE SALE AND TRANSFER AGREEMENT OF 54, 200 GPD RESERVE
WASTEWATER TREATMENT CAPACITY IN THE CONSOLIDATED TREATMENT FACILITY FROM CITY OF LATHROP TO SAYBROOK CLSP, LLC FOR PHASE 1D1
FINAL MAPS AND A RELATED BUDGET AMENDMENT
WHEREAS, in November, 2016, the City and several developers entered into a Design and Construction Funding Agreement Related to the Phase 2 Expansion of Existing Lathrop Consolidated Treatment Facility ( Funding Agreement); and WHEREAS, the Funding Agreement assigned sewer allocation in two categories, Initial Capacity and Reserve Capacity, with use of the Initial Capacity being immediately available and use of the Reserve Capacity being subject to demonstration of need; and
WHEREAS, developers are required to allocate sewer capacity to all lots within a final map prior to approval by City Council; and
WHEREAS, Saybrook CLSP, LLC (" Saybrook") requested and received Council approval of final map Tract 4062 for Phase 1C at the October 11, 2021 Council meeting; and
WHEREAS, final maps for Phase 1B Tracts 4017 and 4018 plus the prior final maps for Phase 1A required use of all of Saybrook' s Initial Capacity of 100, 000 gallons per day ( gpd) and Reserve Capacity of 36, 364 gpd, and sewer capacity in the amount of 11, 617 gpd, purchased from Crow Industrial Limited, LLC; and WHEREAS, final maps for Phase 1C required use of the balance of 29, 638 gpd of Reserve Capacity purchased from Crow Industrial Limited, LLC and Reserve Capacity of 8, 562 gpd, purchased from the City of Lathrop on September 13, 2021; and
WHEREAS, Saybrook has therefore demonstrated their need for use of all of their Reserve Capacity, and is considered a Perfected Developer per Section 7C of the Funding Agreement, providing them the option to request to purchase Reserve Capacity from other participants in the Funding Agreement; and WHEREAS, as a Perfected Developer, Saybrook made a Reserve Capacity Requests to the City, for 54, 200 gpd ( 271 lots at 200 gpd/ home) of Reserve Capacity not including storage or disposal costs) for Phase 1D1 Tract 4105; and WHEREAS, staff is recommending the City offer to sell 54, 200 gpd of Reserve Capacity to Saybrook; and
131
WHEREAS, the purchase price has been established in accordance with the Funding Agreement as $ 32. 98/ gpd, and so the purchase price for a total of 54, 200 gpd is $ 1, 787, 516; and
WHEREAS, Saybrook will pay to the City $ 1, 787, 516 for the purchase of 54, 200 gpd of Reserve Phase 2 CTF sewer treatment capacity and therefore a budget amendment is required as follows;
Increase Revenue
6030- 5030- 318- 0470 $ 1, 787, 516
WHEREAS, Saybrook demonstrated they would use the 54, 200 gpd of Reserve Capacity to approve Phase 1D1 Final Map 4105 in the very near future, although Saybrook has asked for and Staff recommends Council approve a two year time limit to get approval of a final map for Phase iD1 that would allocate the subject sewer; and
WHEREAS, Section 4d of the Funding Agreement exempted allocation transfers from the City' s Transfer Policy, but required allocation transfers to be in compliance with Schedule 3 of the Funding Policy and approved by City Council; and WHEREAS, Saybrook provided the required application for Wastewater Capacity Transfer to the Public Works Director requesting 54, 200 gpd of Reserve Capacity, including all required information, and provided the 10% deposit toward the cost of the sewer; and
WHEREAS, the Public Works Director has confirmed that the requested Transfer is consistent with the City' s General Plan, Sewer Master Plan and Zoning Ordinance, and the Public Works Director and the City Engineer recommend City Council approve the application for sewer transfer and authorize the City Manager to execute and agreement, approved by the City Attorney, with the applicant.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve the application from Saybrook for wastewater capacity transfer for Reserve Capacity in the Consolidated Treatment Facility from the City, and allows Saybrook two years to allocate the sewer with a final map approved by City Council; and
AND BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby authorize the City Manager to execute the proposed agreement, with Saybrook to purchase 54, 200 gpd of Reserve Capacity of Wastewater Treatment from the City; and
AND BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby authorize a budget amendment as follows:
Increase Revenue
6030- 5030- 318- 0470 $ 1, 787, 516
132
The foregoing resolution was passed and adopted this 10t" day of January 2022, by the following vote of the City Council, to wit AYES:
NOES:
ABSTAIN:
ABSENT:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas Salvador Navarrete
City Clerk City Attorney
133
Say ro k Fund Ac visors, LG
AY B R C3 O K t }, o ., t
r u ry cs cav s s cs r s
S: nia P c nic,. C 9a 01
December 14, 2021
ATTACHMENT B
City of Lathrop
Sent via email: ggebhardt@ci. lathrop. ca. us
mking@ci. lathrop. ca. us
RE: Request for Stanford Crossing Phase 1D1 Sewage Capacity ( 54, 200 gpd) Dear Mr. Gebhardt and Mr. King,
Pursuant to Schedule 3 of the Funding Agreement, Saybrook CLSP, LLC (" Saybrook") is expressing its request to purchase 54, 200 gallons per day of Reserve Wastewater Treatment Capacity in the Phase 2 Combined Treatment Facility expansion from the City of Lathrop for Saybrook' s Phase 1D1 Tract 4105 of 271 lots at 200 gpd/ lot. The additional capacity will be purchased at$ 32. 98 per gallon for a total of$ 1, 787, 516. The additional sewage capacity does not include disposal capacity. A down payment of 10% ($ 178, 751. 60) is include with this request, to be applied to the full cost of the Capacity once approved by City Council.
Saybrook expects to request City Council approval of Phase 1D1 Final Map 4105 approval for the 271 lots in February, 2022, and Saybrook' s has already used our Initial and Reserve Capacity from the Combined Treatment Facility expansion, plus Reserve Capacity purchased from South Lathrop land, LLC and 8, 562 gpd of Reserve Capacity purchased from the City of Lathrop.
Saybrook acknowledges that it has responsibility to provide any sewer line extensions and related facilities necessary to utilize the additional capacity.
Feel free to contact me if you need any further information.
Sincerelv,
leffrey M. Wilson
134
47"TACHMENT C
RECORDING REQUESTED BY, AND
WHEN RECORDED MAIL TO:
CITY OF LATHROP
ATTN: CITY CLERK
390 TOWNE CENTRE DRIVE
LATHROP, CA 95330
Exempt from payment of recording fees( GC 27383)
SPACE ABOVE THIS LINE FOR RECORDER' S USE
APNs: 192- 040- 21, 23, 24 and 25
RESERVE WASTEWATER TREATMENT CAPACITY
TRANSFER AGREEMENT
THIS RESERVE WASTEWATER TREATMENT CAPACITY TRANSFER AGREEMENT the " Agreement"), is made this 10th day of January, 2022 (" Effective Date"), by and between Saybrook CLSP, LLC a Delaware limited liability company, hereinafter referred to as" Saybrook" and the City of Lathrop, a municipal corporation in the State of California, hereinafter referred to as " City". Hereinafter all parties may be referred to collectively as " Parties" or individually as a Party".
RECITALS
WHEREAS, on November 21, 2016, City, River Islands, Richland, Lathrop Mossdale Investors and Saybrook entered into the Design and Construction Funding Agreement Related to the Phase 2 Expansion of the Existing Lathrop Consolidated Treatment Facility with the City CTF 2 Agreement"). The CTF 2 Agreement states that the City was allocated 216, 000 gallons per day(" gpd") of Initial Wastewater Treatment Capacity, and 78, 545 gpd of Reserve Wastewater Treatment Capacity, and Saybrook was allocated 100, 000 gpd in Initial Wastewater Treatment Capacity and 36, 364 gpd of Reserve V iastewater Treatment Capacity; and WHEREAS, South Lathrop Land, LLC (" SLL") acquired the SLL Property from Richland Developers, Inc., and Richland Developers, Inc.' s transfer of all of their rights to the Phase 2 Expansion of the Existing Lathrop Consolidated Treatment Facility as documented in the Transfer Agreement Relating to Design and Construction Funding Agreement For The Phase 2 Expansion of the Lathrop Consolidated Treatment Facility between SLL and Richland Developers Inc. as adopted by the City Ordinance No. 18- 390 and as approved by the City and recorded by the San Joaquin County Recorder' s Office as Doc# 2018- 047863 on May 1, 2018. SLL became and now is the successor in interest to all of Richland Developers, Inc.' s rights contained within the CTF 2 Agreement; and
WHEREAS, SLL' s sold and the City transferred 41, 455 gpd of Reserve Wastewater Treatment Capacity to Saybrook toward their phases 1 B and 1 C; and WHEREAS, Saybrook owns parcels in City designated with APNs 192- 040- 21, 23, 24 and 25 for phase 1 D1, and is the developer of a mixed use development including residential, retail, office, and other public/ semi- public uses such as schools, parks, and other civic oriented facilities pursuant to the Central Lathrop Specific Plan ("Saybrook Project"); and 135
WHEREAS, the CTF 2 Agreement assigned sewer allocation in two categories, Initial Capacity and Reserve Capacity, with use of the Initial Capacity being immediately available and use of the Reserve Capacity being subject to demonstration of need; and WHEREAS, final maps for Saybrook Phase 1A Tracts 3808, 3809, 3810, 3811 and 3812, Phase 1 B Tracts 4017 and 4018 and Phase 1 C Tract 4062 required the use of all of Saybrook' s Initial Capacity of 100, 000 gpd and Reserve Capacity of 36, 364 gpd, and 41, 255 gpd which Saybrook purchased from SLL plus 8, 562 gpd of unperFected Reserve Capacity purchased from the City of Lathrop; and
WHEREAS, Saybrook has, therefore, demonstrated their need for the use of all of their Reserve Capacity, and is considered a Perfected Developer per Section 7C of the CTF 2 Agreement, providing them the option to request to purchase Reserve Capacity from other participants in the CTF 2 Agreement; and
WHEREAS, as a Perfected Developer, Saybrook made a Reserve Capacity Requests to the City for 54, 200 gpd and the City passed that request to River Islands, the only developer holding unperfected Reserve Capacity, and River Islands declined the offer to purchase; and 1fUHEREAS, the purchase price has been established by the Ciiy in accordance with the Funding Agreement as $ 32. 98/ gpd, and so the purchase price for a total of 54, 200 gpd is agreed by Saybrook to equal $ 1, 787, 516; and
WHEREAS, City recognizes the benefits to the long term development goals of City to transfer a portion of its allocated Reserve Wastewater Treatment Capacity to support the Saybrook Project and therefore wishes to sell/transfer to Saybrook, and Saybrook wishes to accept, 54, 200 gpd of Reserve Wastewater Treatment Capacity previously allocated to City under the CTF 2 Agreement; and
WHEREAS, City' s Reserve Wastewater Treatment Capacity, which it intends to transfer to Saybrook, is reflected on a document entitled " Reallocation of Wastewater (Sewer) Capacity from City of Lathrop" which the City Engineer and Director of Finance will execute in January of 2022 upon approval of the transfer by City Council to document the allocation of a portion of City' s Reserve Wastewater Capacity to Saybrook parcels, and which reflects this Transfer of allocation to Saybrook. The original unsigned Reallocation form to reflect the transfer to Saybrook is attached to the January 10, 2022 City Manager' s Report as Attachment D and is included in this Agreement as Exhibit " A"; and
WHEREAS, the Public Works Director has confirmed that the requested Transfer is consistent with the City' s General Plan, Sewer Master Plan, and Zoning Ordinance, that Saybrook has provided a down payment of 10% of the sewer cost ($ 178, 751. 60) and the Public Works Director and the City Engineer recommend City Council approve the application for sewer transfer and authorize the City Manager to execute this agreement, approved by the City Attorney, with the applicant; and
WHEREAS, consistent with Schedule 3 of the CTF 2 Agreement, Saybrook has filed an application with the City to effectuate the transfer contemplated in this Agreement, and that application took the form of this Agreement, attached to the September 13, 2021 City Manager' s Report as Attachment C. This Agreement, which shall be approved as to form by the City Attorney, constitutes the agreement required by the City pursuant to Schedule 3 of the CTF 2 Agreement.
136
NOW THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
1. Allocation of Reserve Wastewater Treatment Capacitv. City agrees to transfer to the Saybrook 54, 200 gpd of the Reserve Wastewater Treatment Capacity previously allocated to City in the CTF 2 Agreement. This will leave City with 15, 783 gpd remaining Reserve Wastewater Treatment Capacity as identified in the CTF 2 Agreement. The Reserve Wastewater Treatment Capacity transferred as part of this Agreement shall be allocated to Saybrook once the requirements of this Agreement are satisfied.
2. Pavment for Allocation of Reserve Wastewater Treatment Capacitv. In exchange for City' s transfer of Reserve Wastewater Treatment Capacity pursuant to this, Saybrook agrees to pay to City $ 1, 787, 516, or $ 32. 98 for each gpd of Reserve Wastewater Treatment Capacity transferred pursuant to this Agreement. In addition to the down payment, the remaining 90% payment shall be made in full within ten ( 10) days after the date when the City Council approves the transfer and this Agreement. At the time of receipt of payment from Saybrook, City will transfer the treatment capacity to Saybrook. Upon transfer, Saybrook shall have full ownership and use of City' s Reserve Wastewater Treatment Capacity.
3. Aqreerv ent Con#inqent on Citv' s Approval of Transfe of Reserve Wastewater Treatment Capacitv. The obligations in this Agreement are contingent on the City Council' s approval of the transfer and this Agreement pursuant to the procedure outlined in Schedule 3 of the CTF 2 Agreement. In the event that the Lathrop City Council denies the transfer of the Agreement, City shall have no further obligation to transfer Reserve Wastewater Treatment Capacity to Saybrook under this Agreement, and the Agreement shall have no further binding effect on the Parties, and the City will immediately return the down payment provided by Saybrook. The City also confirms that Saybrook has fulfilled all of their obligations under the CTF 2 Agreement, no amounts are owed, and no event of default exists.
4. Savbrook' s Obliqation to Obtain Proiect Approvals Within One Year of Citv Approval of Reserve Wastewater Treatment Capacitv Allocation. Consistent with the requirements in Schedule 3 of the CTF 2 Agreement, Saybrook shall obtain a building permit or City approval of a final map for the Saybrook Project within one year from the City' s approval of the transfer and Agreement, unless the City Council approves an alternative time limit ( staff is requesting that Saybrook be given two years to obtain a final map approval from the City, due to Covid- 19 delays). If Saybrook fails to obtain said building permit or approval of a final map within the timeframe in this paragraph, Saybrook shall sell the transferred Reserve Wastewater Treatment Capacity units back to the City without conditions and/ or limitations of use. The purchase price for the City shall be the same as the costs paid by Saybrook pursuant to Paragraph 2 above less the City's administrative fee.
5. Mutual Hold Harmless / Indemnification. Each Party shall hold each other harmless, and defend, and indemnify the other Party, its officers, employees, consultants, and agents from and against any and all claims, suits, causes of action, or other proceedings for damages, injuries, losses, costs ( including attorneys' fees and costs of suit or other dispute resolution processes), or any other liability arising out of, or in connection with, the performance, or failure to perform, any of the duties and obligations outlined in this Agreement hereunder. The duty to defend shall include provision for all costs and fees, including attorneys' fees, associated with such defenses. 137
6. No Partnership. It is not the purpose or the intention of this Agreement to create, and this Agreement shall not create, a joint venture, partnership, or other relationship whereby either Party would be liable for the omissions, commissions, or performance of the other Party.
7. Further Assurance. The Parties shall execute and deliver such further instruments and do further acts and things as may be required to carry out the intent and purposes of this Agreement as may be reasonably requested by either Party.
8. Force Maieure. With respect to the matters contemplated by this Agreement, neither Party shall be liable or responsible to the other as a result of any injury to property or as a result of inability to provide capacity, which was caused by any Force Majeure event.
9. Governinq Law. This Agreement shall be governed and construed in accordance with the laws of the State of California.
10. Assiqnment. No Party may assign its rights under this Agreement to any person, entity, or governmental or quasi- governmental body without the prior written consent of the other Parties.
11. Entire Aqreement / Amendment. This Agreement including the recitals, which are incorpora#ed by this reference, contains the entire Agreement between the Parties regarding the Wastewater Transfer between the Parties. No change or modification of this Agreement shall be valid unless the same is an amendment, in writing, signed by both Parties.
12. Recordation of Aqreement. Consistent with the requirements of Schedule 3 of the CTF 2 Agreement, City shall cause this Agreement to be recorded in the San Joaquin County Recorder' s Office within thirty ( 30) days after the City Council approves the transfer and this Agreement.
13. Exhibits. The Exhibits referenced and included in the Agreement are as follows:
Exhibit A: Reallocation form to reflect the transfer of the Reserve Wastewater Treatment Capacity from the City to Saybrook.
IN WITNESS WEREOF, the parties have caused their respective duly authorized representatives to execute this Agreement as of the Effective Date above. 138
OWNER:
Saybrook CLSP, LLC
a Delaware limited liability company
By: Saybrook Fund Investors, LLC
Its: Managing Member
r
By:
Je rey M. Wilson
Officer
139
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California 1
County of, C) S Y 1A E'eS J
On G, j ' L t5 2-o'Z before me,
G 1.. /` 1. l i(,.{ j
Date Here Insert Name and Title of the Officer
personally appeared J C' r2E /" 1• W I-- 5 v`--
Name( s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person( 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
y°"... r,.,, RACHEL M. WRIGHT laws of the State of California that the foregoing Notary ublic- Caiifornia paragraph is true and correct. u Y _' Los Angeles County
Commission k 23a0p67 WITNESS my hand and official seal. C, F~`' My Comm. Expires Dec 12, 2p14
r
Signature
Place Notary Seal and/ or Stamp Above S re Notary Public
OPTIONAL
Compieting this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer( s) Other Than Named Above:
Capacity( ies) Claimed by Signer( s)
Signer' s Name: Signer' s Name:
Corporate Officer— Title( s): Corporate Officer— Title( s):
Partner— Limited General Partner— Limited General
Individual Attorney in Fact Individual Attorney in Fact Trustee Guardian of Conservator Trustee Guardian of Conservator Other: Other:
Signer is Representing: Signer is Representing:
02017 National Notary Association
140
CITY:
CITY OF LATHROP, a
Municipal Corporation of the
State of California
By: Stephen J. Salvatore
Its: City Manager
ATTEST:
City Clerk of and for the City
By: Teresa Vargas
Its: City Clerk
APPROVED AS TO FORM BY THE
CITY OF LATHROP CITY ATTORNEY:
By: Salvador Navarrete
Its: City Attorney
141
Exhibit " A"
Reallocation Form
142
Reallocation of Phase 2 CTF Reserve Wastewater( Sewerl Capacitv from Ciri of Lathrop Totai lnitial Ba/ ante 1- 10-1022 69, 983 gpd
New Development Allocation Allocation Date Allocation No. gpd/ AcreZ' 4 Current Balance 69, 983 gpd
Saybrook CLSP Phase iDi 54, 200 gpd January 10, 2022 2022-01 n/ a Remaining Capacity 15, 783 gpd
Sewer Treatment&
Allocated to Parcel Number( s) Acres Disposal Allocated to parcels( gpd)
Z
APN 192- 040- 21, 23, 24 and 25 n/ a 54, 200
271 arcels at 200 d arcel
Tota Is 0. 00 54, 200
Notes:
1. Capacity per Exhibit B- 1 of CTF Phase 2 Expansion Design and Construction Agreement dated 11- 21- 16
2. Balance needed by Saybrook for Phase 1C of CLSP
3. Saybrook owned Central Lathrop Specific Plan Phase 1C parcels inciude APN 192- 030- 33, 34 and 35
3. Saybrook owned Central Lathrop Specific Plan Phase 1D1 parcels include APN 192- 040- 21, 23, 24 and 25 Authorized bv:
Lathron Savbrook CLSP. LLC
Glenn Gebhardt, City Engineer Date Title
fL.E` 1 \',$ a n — O- Eh--
Cari James, Director of Finance Date Jeff Wilson Date
Z 12 2
143
144
ITEM 4. 8
CITY MANAGER' S REPORT
JANUARY 10, 2022 CITY COUNCIL REGULAR MEETING
ITEM: APPROVAL OF FINAL MAP AND SUBDIVISION
IMPROVEMENT AGREEMENT FOR 43 LOTS IN TRACT
4090 VILLAGE HH2" WITHIN OLD RIVER DISTRICT
OF RIVER ISLANDS
RECOMMENDATION: Adopt Resolution Approving Final Map for Tract 4090 Village HH2" within the Old River District, Totaling
43 Single Family Lots and a Subdivision
Improvement Agreement with River Islands Stage
2B, LLC
SUMMARY:
The proposed Final Map for Tract 4090 will be the second and final tract map within the Village " HH" area. Pulte Homes is proposing forty- three ( 43) 55' x 80' singlefamily lots. A Vicinity Map is included as Attachment " B".
Staff recommends that the City Council approve the proposed Final Map Tract 4090, Village " HH2", and a Subdivision Improvement Agreement with River Islands Stage 2B, LLC ( River Islands"), included as Attachment C".
BACKG ROU N D:
The City of Lathrop City Council approved Vesting Tentative Map ( VTM) 6716 on June 14, 2021. On August 4, 2021, the City of Lathrop Planning Commission approved a Neighborhood Design Plan ( NDP) and Architectural Guidelines and Design Standards AG/ DS) for the Old River District, known as Stage 2B, within Phase 1 of the project.
While the NDP contains conceptual guidance on parks within the Old River District, a Master Parks Plan includes revisions to the parks and open spaces within the Stage 2B area and is pending Planning Commission action. The land for the proposed Final Map for Tract 4090 is within the geographic boundaries of VTM 6716 and Stage 2B.
As required by the City' s subdivision ordinance, all final maps must include a Subdivision Improvement Agreement ( SIA) to guarantee specific offsite and onsite improvements.
The total cost of the improvements for Village HH" is $ 1, 749, 000, however, a large percentage of the improvements have already been construction and therefore do not need to be guaranteed. Performance and labor & material securities have been provided with the SIA for Tract 4089 that guarantee the unfinished improvements for Village " HH" in the amount of:
145
CITY MANAGER' S REPORT PAGE 2
7ANUARY 10, 2022 CITY COUNCIL REGULAR MEETING
APPROVAL OF FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR 43 LOTS IN TRACT 4090 VILLAGE HH2" WITHIN OLD RIVER DISTRICT
OF RIVER ISLANDS
Unfinished Im rovement Total: 1, 093, 823
Performance Bond 120% of Unfinished Im rovements): 1, 312, 588 Labor & Materials Bond 50% of Performance Bond 656, 294 The SIA for Tract 4090 refers to the Agreement for Dedication, Inspection, and Guarantee of Streets and Public Improvements (' Off- site Agreement") that was approved by the City on September 30, 2013. Although the Off- site Agreement applies to Tract 4090, the Final Map will not trigger any additional offsite improvements or security.
Acceptance of the public improvements will be processed by staff at a later date and when the unfinished improvements are completed. Prior to acceptance, River Islands will be required to provide a one ( 1) year warranty bond.
Village HH" was annexed to the four different Community Facilities Districts ( CFDs) for maintenance purposes with the approval of the Tract 4089 Final Map in 2021.
The CFDs are CFD 2013- 1 City of Lathrop Annexation No. 24, CFD 2013- 1 Island Reclamation District ( RD) 2062, CFD 2013- 1 River Islands Public Financing Authority RIPFA), and CFD 2020- 1 RIPFA.
River Islands must satisfy the Escrow Instructions, included as Attachment D", to guarantee the payment of all fees and execution of the documents related to the SIA.
REASON FOR RECOMMENDATION:
River Islands has fulfilled all of the requirements of the City' s subdivision ordinance as listed below:
Documents Status
1. Final Map ready for signature Completed
2. Subdivision Improvement Agreement Completed
3. Performance Security - Uncompleted Landscaping and
Completed
Miscellaneous Im rovements rovided with Tract 4089
4. Labor and Materials Security - Uncompleted Landscaping and Miscellaneous Improvements provided with Tract Completed 4089
5. Street Improvement, Landscape, Light & Joint Trench Completed
6. Geotechnical Report Completed
7. Agreement for Backbone Improvements and Parks
Agreement for Dedication, Inspection and Guarantee Completed of Streets and Public Im rovements
146
CITY MANAGER' S REPORT PAGE 3
ANUARY 10, 2022 CITY COUNCIL REGULAR MEETING
APPROVAL OF FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR 43 LOTS IN TRACT 4090 VILLAGE HH2" WITHIN OLD RIVER DISTRICT
OF RIVER ISLANDS
8. Approval of 3rd Amendment to Development
Agreement that guarantees creation of CFD for City
Maintenance and Shortfalls, and Guarantee of Completed
Developer CFDs for Developer/ other public agency
Maintenance
9. Allocation of Water and Sewer capacity Completed
10. Recommendation for approval from Stewart Tract
Completed
Desi n Review Committee
11. Submitted Certificate of Insurance, Tax Letter Completed
12. Submitted Preliminary Guarantee of Title Completed
13. Escrow Instructions Completed
14. Village HH - Annexation No. 24 of City of Lathrop Annexed with Community Facilities District No. 2013- 1 ( River Islands Tract 4089 on Public Services and Facilities 9/ 13/ 2021
Fees Status
1. Final Map plan check fee Paid
2. Improvement Plans - Plan check and inspection fees Paid
3. Sierra Club Settlement fee
To be paid in
escrow
FISCAL IMPACT:
There is no budget impact to the City as all costs are covered by development fees and any shortfalls in the City' s maintenance and operating costs are covered by the CFDs.
ATTACH M ENTS:
A. Resolution Approving Final Map for Tract 4090 Village " HH2" within the Old River District, Totaling 43 Single Family Lots and a Subdivision Improvement Agreement with River Islands Stage 2B, LLC
B. Vicinity Map - Village " HH2"
C. Subdivision Improvement Agreement between the City of Lathrop and River Islands Stage 2B, LLC, a Delaware limited liability company, for Tract 4090, Village ' HH2"
D. Escrow Instructions for Final Map Tract 4090 Village " HH2" E. Final Map - Tract 4090 Village HH2"
147
CITY MANAGER' S REPORT PAGE 4
7ANUARY 10, 2022 CITY COUNCIL REGULAR MEETING
APPROVAL OF FINAL MAP, AND SUBDIVISION IMPROVEMENT AGREEMENT FOR 43 LOTS IN TRACT 4090 VILLAGE HH2" WITHIN OLD RIVER DISTRICT
OF RIVER ISLANDS
APPROVALS
2 ! 2-
Glenn Gebhardt Date
City Engineer
G- , . 2/ ZoLzoz,
Michael King Date
Public Works Director
Cari Ja Date
Finan e i ector
Z l, ZvZ
Salvador Navarrete Date
City Attorney
r--\ FoR I - CP - 2oZ2
Stephen J. Salva Date
City Manager
148
RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING FINAL MAP FOR TRACT 4090 VILLAGE HH2" WITHIN THE OLD RIVER DISTRICT, TOTALING 43 SINGLE FAMILY LOTS AND A SUBDIVISION IMPROVEMENT AGREEMENT WITH RIVER ISLANDS STAGE 2B, LLC
WHEREAS, the City of Lathrop City Council approved Vesting Tentative Map VTM) 6716 on June 14, 2021; and
WHEREAS, on August 4, 2021, the City of Lathrop Planning Commission approved a Neighborhood Design Plan ( NDP) and Architectural Guidelines and Design Standards ( AG/ DS) for the Old River District, known as Stage 2B, within Phase 1 of the project; and
WHEREAS, the land for the proposed Final Map for Tract 4090 is within the geographic boundaries of Vesting Tentative Map ( VTM) 6716 and Stage 2B; and WHEREAS, required by the City' s subdivision ordinance, all final maps must include a Subdivision Improvement Agreement (SIA) to guarantee specific offsite and onsite improvements; and
WHEREAS, the guarantees for Tract 4090 were provided with the approved SIA for Tract 4089 executed with River Islands Stage 2B, LLC and therefore additional guarantee is not required to be provided with the SIA for Tract 4090. Tracts 4089 and 4090 are collectively known as Village HH"; and
WHEREAS, performance and labor & material securities were provided with the SIA for Tract 4089 that guarantee the unfinished improvements for Village HH", including both Tract 4089 and 4090, in the amount as follows; and Unfinished Im rovement Total: 1, 093, 823
Performance Bond ( 120% of Unfinished Im rovements): 1, 312, 588 Labor & Materials Bond 50% of Performance Bond 656, 294 WHEREAS, acceptance of the public improvements will be processed by staff at a later date and when the unfinished improvements are completed. Prior to acceptance, River Islands wilf be required to provide a one ( 1) year warranty bond; and
WHEREAS, Village " HH" was annexed to the four different Community Facilities Districts ( CFDs) for maintenance purposes with the approval of the Tract 4089 Final Map in 2021; and
WHEREAS, River Islands Stage 2B must satisfy the Escrow Instructions, to guarantee the payment of all fees and execution of the documents related to the SIA. 149
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lathrop that approved and accepts the following actions:
1. The Final Map for Tract 4090 and is hereby approved as submitted for recordation with the San Joaquin County Assessor/ Recorder/ County Clerk OfFice. The recorded executed copy will be filed with the City Clerk.
2. The City Manager, or their designee, is authorized to execute a Subdivision Improvement Agreement with River Islands Stage 2B, LLC in substantially the form as attached to the January 10, 2022 staff report, the file executed copy will be filed with the City Clerk.
150
PASSED AND ADOPTED by the City Council of the City of Lathrop this 10tn day of January 2022 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 151
ATTACHMENT B
VILLAGE HH
BOUNDARY
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TRACT 4089 P"` VILLAGE II
PARK
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VILLAGE JJ
VILLAGE FF
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VICINITY MAP
AUGUST 2021
152
ATTACHMENT C
SUBDIVISION IMPROVEMENT AGREEMENT
BY AND BETWEEN THE CITY OF LATHROP AND
RIVER ISLANDS STAGE 2B, LLC, A DELAWARE LIMITED LIABILITY COMPANY FOR TRACT 4090 VILLAGE " HH2" 43 RESIDENTIAL LOTS
RECITALS
A. This Agreement is made and entered into this 10`" day of January 2022, by and between the CITY OF LATHROP, a municipal corporation of the State of California( hereinafter" CITY") and River Islands Stage 2B, LLC, a Delaware limited liability company, ( hereinafter SUBDIVIDER").
B. Pursuant to Division 2 of Title 7 of the Government Code of the State of California and the CITY' s Subdivision Regulations ( City of Lathrop, Code of Ordinances, Chapter 16), SUBDIVIDER is required to make dedications and improve Tract 4090. However, SUBDIVIDER has completed a significant portion of public infrastructure improvements associated with Tract 4090 ( Village " HH2") located within the Lakeside East District of River Islands Phase l, which also includes major streets necessary to access the site. Performance and Labor & Material securities have been provided with the SIA for Tract 4089 that guarantee the unfinished improvements for Village " HH", which includes Tract 4090, in the amount shown in Section 8, and therefore no additional security is needed for Tract 4090.
C. SUBDIVIDER has completed a portion of the joint trench improvements for Tract 4090 and as noted in Recital B, security shall be required for the unfinished partion of these improvements, along with other required infrastructure associated with Tract 4090 and Village HH" overall. Improvement plans, and street light plans prepared by Power Systems Design, Inc. have already been approved by the City. The street, sidewalk, underground utility, storm drainage, streetlight and joint trench improvements ( hereinafter " Improvements") are substantially completed and minor improvements not yet constructed as part of the required infrastructure for Tract 4090 are required security as outlined in this Agreement is required.
NOW THEREFORE in consideration of CITY' S pending approval and acceptance of the Improvements upon their satisfactory completion, and in consideration of SUBDIVIDER' S construction of Improvements in strict accordance with the terms of this Agreement, all applicable laws, statutes, ardinances, rules and regulations currently in force and effect in CTTY, the terms and conditions of which are incorporated herein by this reference, the parties hereto mutually covenant and agree as follows:
153
Subdivision Improvement Agreement( River Islands Stage 2B, LLC) Tract 4090 Village " HH2"
1. SUBDIVIDER shall complete construction of, or cause construction to be completed at its sole cost and expense, the Improvements for all of the lots within the Lakeside East neighborhood, to the limits identified in Exhibit" A", including the public landscaping, streetlight and joint trench improvements. A Vicinity Map is included as Exhibit " B".
All improvements shall be constructed to the satisfaction and approval of the City Engineer, in a good and workmanlike manner in accordance with the above referenced improvement plans and specifications, the improvement standards and specifications of the CITY' S Department of Public Works, the applicable Ordinances of the City of Lathrop and the California Subdivision Map Act.
2. SUBDIVIDER shall complete the Improvements, including all deferred and unfinished improvements, priar to occupancy of the last home constructed in Tract 4090 that is conveyed to a private interest not associated with the transfer of title of Tract 4090 associated with the filing of Tract 4090 ( homebuilder), prior to the completion and occupancy of the last production dwelling unit associated with Tract 4090, or January 10, 2023, whichever comes first. Such occupancy shall be documented by CITY in the form of a Certificate of Occupancy or Final Building Permit.
3. CTTY, or its agent( s), shall, at any time during the progress of the Improvements, have free access thereto, and shall be allowed to examine the same and all material to be used therein. If the Improvements ar any part thereof are not completed in strict compliance with the standards set forth in Paragraph 1 above, CITY may refuse to accept and may reject the defective Improvements and/ or materials therein.
4. SUBDIVIDER shall secure the services of skilled personnel necessary to construct the Improvements. CITY is not skilled in these matters and relies upon the skill of the SUBDIVIDER to ensure that the construction of the Improvements is in the most skillful and durable manner.
5. CITY' S acceptance of the Improvements does not operate as a release of SUBDIVIDER from any guarantee hereunder.
6. SUBDNIDER guarantees and warrants that the Improvements shall be constructed in compliance with the standards set forth in Paragraph 1 above, free from any defects in work or labor done, and from any defects in materials furnished. Further, SUBDIVIDER shall repair and maintain the Improvements in good condition and in accordance with CITY specifications for one 1) year after CITY' S acceptance of the Improvements. As required by this Agreement, prior to acceptance of the Improvements, SUBDIVIDER shall deposit with the City Engineer a Warranty Bond in the amount of$ 174, 900, equal to 10°Io of the estimated cost of the Improvements for the Village " HH" entire area ($ 1, 749, 000) as included in the Engineer' s estimate attached to this Agreement as Exhibit " D", to insure SUBDIVIDER' S repair and warranty of the Improvements in accordance with the terms of this Agreement. The Warranty Bond shall be released at the end of the one year guarantee period, provided there are no claims against it are then outstanding. 154
Subdivision Improvement Agreement( River Islands Stage 2B, LLC) Tract 4090 Village " HH2"
7. If SUBDIVIDER, in whole or in part, abandons the Improvements, or unnecessarily or unreasonably delays construction of the Improvements, fails to complete construction of the Improvements within the time specified in this Agreement, or fails to repair.
Replace or reconstruct any defects, as set forth in Paragraph 6 above, CITY may, but is not required to, proceed to complete and/ or repair, replace, or reconstruct the Improvements, either by itself or by contract for such service, and CITY may cause to be forfeited such portion of any security deposited therein as is necessary to cover the costs of completion, repair, replacement, or reconstruction incurred by CITY.
Once action is taken by CITY to complete, repair, replace and/ or reconstruct the Improvements, SUBDIVIDER shall be responsible for all costs incurred by CITY, even if SUBDIVIDER subsequently completes the work.
The CITY shall have recourse against SUBDIVIDER for any and all amounts necessary to complete the obligations of SUBDIVIDER in the event the security ( including but not limited to any Letter of Guarantee, Certificate of Deposit, cash, bond for performance, labor and materials and repair and maintenance, letter of credit or cash deposit) therefore is insufficient to pay such amounts. All administrative costs, including reasonable attorney' s fees pursuant to Government Code Section 66499.4, incurred by the CITY, in addition to the costs of the improvements shall be a proper charge against the security and SUBDIVIDER. In the event it becomes necessary for CITY to bring an action to compel performance of this Agreement ar to recover costs of completing such improvements, SUBDIVIDER shall pay reasonable attorney' s fees, costs of suit and all other expenses of litigation incurred by CITY in connection therewith.
8. Because the Improvements are not entirely complete, the SUBDIVIDER is required to only post Performance or Labor & Materials bonds to guarantee the unfinished improvements associated with Tract 4090 as included and described in Exhibit " D" of this Agreement.
Performance and Labor & Material securities have been provided with the SIA for Tract 4089 that guarantee the unfinished improvements for Village " HH", which includes Tract 4090, in the amount shown in Table 1 below and therefore no additional security is needed for Tract 4090.
SUBDIVIDER shall also comply with CTTY' S insurance requirements set forth on Exhibit " C" attached hereto and incorporated herein.
Table 1 — Bond Values
Unfinished Im rovement Total: 1, 093, 823
Performance Bond ( Bond No. 0757341): 1, 312, 588
Labor & Materials Bond (Bond No. 0757341) 656, 294
9. Any alteration( s) made to the plans and specifications, which are a part of this Agreement, or any provision of this Agreement shall not operate to release any surety or sureties from liability on any bond or bonds attached hereto and made a part thereof. The above referenced sureties hereby consent to such alterations and waive the provisions of California Civil Code Section 2819. 155
Subdivision Improvement Agreement ( River Islands Stage 2B, LLC) Tract 4090 Village " HH2"
10. Neither the CITY nor any of its officers, employees or agents shall be liable to SUBDIVIDER, and/ or SUBDIVIDER' S agents, contractors or subcontractors for any error or omission arising out of or in connection with any work to be performed under this Agreement.
11. Neither the CITY nor any of its officers, employees, or agents, shall be liable to the SUBDIVIDER or to any person, entity, or organization, for any injury or damage that may result to any person or property by or from any cause in, on, or about the subdivision of all or any part of the land covered by this Agreement.
12. SUBDIVIDER hereby agrees to, and shall hold CTI' Y, its elective and appointive boards, commissions, officers, agents and employees ( collectively, " Indemnitees"), harmless from any liability for damage or claims which may arise from SUBDIVIDER and/or SUBDIVIDER' S contractors, subcontractors, agents, or employees' operations under this Agreement, whether such operations be by SUBDIVIDER or by any SUBDIVIDER contractors, subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for, SUBDIVIDER or any of SUBDIVIDER' S contractors or subcontractors. SUBDIVIDER shall, at its own cost and expense, defend any and all actions, suits, or legal proceedings or any type that may be brought or instituted against CITY and indemnities on any claim or demand, of any nature whatsoever, and pay or satisfy any judgment that may be rendered against CTTY and the Indemnitees in any such action, suit or legal proceedings, resulting from or alleged to have resulted from SUBDIVIDER' S performance or non- performance of his duties and obligations under this Agreement, or from the negligent act or omission of himself, his agents, contractors, representatives, servants or employees. The promises and Agreement to indemnify and hold harmless set forth in this section is not conditioned or dependent on whether or not any indemnity has prepared, supplied or approved any plan or specification in connection with this wark or subdivision, whether or not any such indemnity has insurance or indemnification covering any of these matters. CITY does not, and shall not; waive any rights against SUBDIVIDER which it may have by reason of the aforesaid hold harmless agreement, because of the acceptance by CITY of any deposit with CITY by SUBDNIDER. The aforesaid hold harmless agreement by SUBDIVIDER shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations referred to in this paragraph, regardless of whether or not CITY has prepared, supplied or approved of, plans and/ or specifications for the subdivision.
13. Neither SUBDIVIDER nor any of SUBDIVIDER' S agents, contractors or subcontractors are, or shall be, considered to be agents of CITY in connection with the performance of SUBDIVIDER' S obligations under this Agreement.
14. Prior to acceptance of the Improvements by the City Council, the SUBDIVIDER shall be solely responsible for maintaining the quality of the Improvements, and maintaining safety at the project site. The SUBDIVIDER' S obligation to provide the Improvements shall not be satisfied until after the City Engineer has made a written determination that all obligations of the Agreement have been satisfied and all outstanding fees and charges have been paid, and the City Council has accepted the Improvements as complete. The CITY and SUBDIVIDER have formed Community Facilities Districts to finance maintenance and improvements. The CITY expects to preserve the ability to use future special taxes of the CFD for payment of the cost of acquisition of the 156
Subdivision Improvement Agreement( River Islands Stage 2B, LLC) Tract 4090 Village " HH2"