When subin.itting the bid for the project, the Contractor mUsk acknowledge receipt of the addendum.
Recommended by: i2,- Z?., Z
Ken Reed Date
5enior Conswetion Manager
Approved by:
G '
1 - 1 Z- Zo2Z
Michael King Date
Public Works Director
4 182
CO Y
s cTic fo: oa
L:1TIfROP RD AttiD HARLA' t I3b INTERSFCTIOti 1,> iPR4t' EhtF; N' i' S CIP PS 21- 4b BID PROPpSAL F'OILi4tS
BIDDER' S BOND
KNO«' ALL MEN BY THESE PRESEI TTS:
TH,AT VVE dIRT DYIUASTY, lNC.
as PRINCtPAL, iit] d = E ASUALTY INSURANCE COMPANY
asf' ERCCNT ( SURETY 10%) are l eld; and finnly bond unto the City of Lathr p in the. penal sum of TEN p THE T TA. AMQUiVT OF THE $ IU f tl e Princi al aboti e namc: cl, subsnitted by tE1 Princi al to the City of Lathrop f r the work describ. d below, for the payment t fwhiel s m in 1av fu1 moncy of tlie L7nited St tes, rell anci tnily to be made to the City o#' Lathra to which the hid was s ibmitted, « e bind aursel res, Qun c irs, exccutors, ad r inislrators and successors, jaintiy and se erally, rmly by t ose presents. Cn no case shak! the ltabiliky of tlzc suret} liereunder exceed the su t of " TE'' NT{ 10°l0) 4 A', OtlIVT B#D•• TNE O1tiDTTTON{ JF THiS OB, IGATI JN IS SUCH,
TNA' I', WHER S, the rincipa hr s s ibmiued li e above mer7tianed bid to the City of Lathrop £or certain construciian spccifically dcscriUc i as folinufs, For wE ich bids arc tQ he apcncd at thc City Hall, 390 Townc C ntre Drivc, Lathrap, CA: I.athrop RcE, and Hartan Rd. lnters ction Im roveme nts, CIP PS 2a- t16.
i' Oi, THERE' C} RE, iC thc F' ri 3; ipa1 is a vardcc thc contract and { ithin thc timc and n anncr rcquired undcr thc s ccific tions, aftcr thc prescribcd forn s arc resenked to hirn for signaturc cnters intt a vrittcn co traci in tl c prescrihcd form, IC! 3LL'OiC S lCC i'lC l I] C bt{, and lcs t vo bonds with tlic City, one to uarantee faith u) perfU- rnaa ce, and the ot}zer t guarantee pa} rnent far labor and materials as r qnired y
iaw, then tE is obligatian sha) 1 he nutl and void, otherwis, it s11a11 be and remain in full force.
IN VITNESS VHEREOF, we have hereunta set our han fs and seals an this 18" ot . ianuary day 7D22.
THE C} HI{ CA$ UALTY tNSURANCE
n t r ov v ry N Seal) co t At Y
Seal)
Seal} Seai) Samrny o c, ee R sidQt" Karen Arn n Attnmey in• Fact Addre s: a o e x s7 Address: t4oi sn Av _ eoo .,._
Farming, an, A 9523U
Seattie, WA 9615+t
NC?TE: Signatures nf' those exccutin for the surety rnt st be properiy acknotivledged. 0430t3- 7
183
ACKNt3WLEDGMENT
A notary public or other officer completing this
certificate verifes onfy the ide tity of the individual wt o signed the d cumeni ta which this certificate is
attacitsd, and nat the truthfufnessz accuracy, ar
validii of that document.
State of Cali#omia
GQUtlty Of San Jaaquin
CZtl Jenusry 18, 2022 befar me, Jennii r loo r Notary Publ c insert name and title oF the o cer)
p rsanslly sppeared K ren Amin
who proved to me on the basis of satisfactory evidertce to be the person(} whose name{! c} isJ x subscribed to ihe within instrument and cknawledged to me thaf if/ shell tyt executed the same in Ffi lherJt i authorized capac ky( X 1j, and# hat by tt erl4tt tt signature{} n tt e Instrument t e person{}, or ihs entity upan behalf af which tt e person ij actsd, execulEd the instrument. f certify under P NA TY C} F PERJURY under the laws ot the 8#ate Qf Califomia th i the faregoi g paragraph is true and correct, c. c5.5... a..__
WITNESS my hand and offic al seal, JEi NiF LOPEi
ar. , Y.'' i,' COMAt # 34 049 -'
NOTA,qY Fif81tC- CALIFDHN A N SAN JOAQU3! f COU} fl'Y
Fa' H
Signature cnram, r via, AN 7 ZA25
d8eal)
184
This Pawer af Aticmey Ilmits t}ce act ot those namcd herefn, and they have no authority to t bind te Campany except in thc manner arxf to the eztent herein stattd.
Lxber.-y Liherty h utual Insurance Company
M. C c i, The C1hiti Casuslty InSurance Cornpany ce; rcate rlo: ats sa7- se tao 5URE7Y estAmerican Insurance Company
PtJW R QF ATT{ RN Y
KfidOWN/ 11, 1. PERSONS BY? HESfi PRE& ENfiS: Thai 7he Ohro Cawal.y Ensurance Comp ny is a corparau r; du y orgar,ized under the laws n! ths 5 ate af New Ha psh re. that Liberiy hfu<' at lns+,ranca CcrnpanY is a carporatia, duly or anized urtC^ r t}rc+awa ct he Stete of bie sa wei'a, and 4Ycst American lasurance Campany is a corporaliDn do y Org nized urs! er ihe iaws pi th S ale ellndia 3( here; n co Iectivety cal3ed Ehe' Companies'}, p,trsuant lo and tr7 aui} crity herein sst tort, qoes herehy nemc. conSti! ula and appoir, Danicl 4t Conrts!! v. Kumn Amin, Icnni( cr l.ca r. l) a irJ Sciusn a!I of L'sa r
ly Qf I. c i sta! e at CA eaCh ir;^r uaily ii t ere b more thara ane am si,; t uue and Iav+1u! aperr yihfact to ma te. exccute, seaf acknowtedge ard d? livcr, for and on t's behaK as sursty an as its 2 t ar,d t'eed, any and afi underlaki; gs bords, recognizances and alher surety obliyatons, in pur5ua ce 4` persors. these preser,ts 2nd sh I ir as oinding upan Ne Campanle3 as i! ttey ha e Deen d+sly signetl bp U e presi ent ar,d atiested by the secre ar af the Companies in th: r mm A+roper IN WfTNESB WHEF1E4f, this Pm, 4er c( Atiome has been subscr; bed by an au:riorued offi r oe affi! at Uae Compan•. es and the corporaie seals ot the Comparies have been atixed r @t2+ etaU' t_t 8ilti d8yot t iovc5aitftr 2t?16 . lit+r blu, uel l; surance Compar, y
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I 8 before me eracna!; y appeared David M. Carey, who ackntrwiedged nimseK to be ihe Assis: ant Seaetary of Liberry hlu: ual Ensurance a Company. The Oh Cas at, y Compary, and West American instirance Company, and iha; e. as such, beir au+iwnzed so to do, ex css! e t ixec ang instrvmer, S lor the purposes— t- thereir cana: ned by aigr ing n behaN of tFe crpora; ions by himsei! as a duly auih i ed o icer, w iN WiTNESS WH REUF, i hava h ereun! o s;;bs bed my name and aifixed my otarial sea" al} Grg of Pruss a, Per syivania, on ine day and year f.rsE aGc e wincn.
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eresa Pa:; lta, ilotary P; ltrik
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a Th s' cwer c! A#i--ney; s made a d e e, uted pursuart lo and ty authcrity o' tha toilrnv nr By iaw and Authoriza6ans cf Tt, e O io Casuai;}( nsurance Campar+y, tr.rty Mut ai' c
C 1n urance CamPanY and West Arn ican In ra C mp ry wh3ctr resolu6tms are naw; nlu l forte and eNee tt readir, as to lo+ s ai Ai2TiCLE iY DFFICEFiS: SettiC,n 12. Po'rr r o( At,omey.
Any afficer w olher offi al ot i a Cor cration a k c ized f r tnat pi: cpQsc in vmtir 6y tha Chairman er the i resident, and sut ed ta su s' milati n as the Chairman o; n the. s U
Pras=der f may prseytibe, shaU appo; n! auch? tameys in! acL as may t e recessary to act in behalt oi ihe Corpar! on to make, erscute, seai, arknawle ge and dslrver s sureiy > cr
on iu c
any ard aEi ndert k'sn s, bon+ s, recc, niaaxes and atter surety abl. gaGans. 5 th attam4ys- ir-fact, subjacl to the fimita ons se[ f4rth in the;r r speclive pflwer a( attor aey. sha!! Z`
ha, e fi 14 pov er t F d the Cnrparatio! by t e r si na sre ard eze 5can o! eny suth nstrurnents ered to attach thereta t e 5ea3 ai the CarporaUon Y,? sen sa executetl. 5ich'" w c i
ins7uments shall be as bin€fin as ii signed 6y q e PresidE+ t cnd att sted te by tte Seae; ary A^,Y wer or a; ttwrfty granted to any representat; ve ar a', tsey- prer5lms ot this artiUe may be revcketl a; er, rr fa under the m y
m bq ine$ oar+,the Ghzirxran, trs3 Presi enl or try: bn ofiicer a oqcers grant such pox er or au nty a ARTICI. E% 1! i- Exacution o( Co iructs; Sad';rn 5. Surety or,ds ar d UnderCakings a My offcer ef ihe Conpany au' txsrized tor ihat purposa in wn;ing by tha ct; airman or tha pres:dent, and euGjccl ta such I mitatrona as t c clya, rr,san pr tesi ent ma shal! a pcin': St Ch e iom ys- i; rfact, 2S may Dfl r.erxssary t aG i s 6cha!! ot thc Ccrnpany to make, executa, seal, acknrnNedge and da;iver as surety ny nd ail undeRaWngS, w
t nds, racayr,iz ces asad ott r
surely ob' t za ss. Sucfl
xneys, nda t subjetS to the iimitations set Ior' r,theEr respecdive po+he2rs pt at,amey; shall have t+,aii ppwer to bind ths Compaa y by thei signat re antl exen; tiar, pt ny suCt insGvment5 ntl tn etiach lhere a the seal et the C mpany When so exec, ted such instrumenls sha l be as b;r fing as i! s gr,ed by t e presideni and aY s; ed by; he se;, rs} r, GertiNcate lact as of Designallon- Tha Presadanl af 1he Conpany, actir, Pu! suant: o t e Hyla+ s o( the Comgary. 3uEtrotizes David M. Casey, Assistant 5enetary to appa,ht su: h anomeys- n- may Ge ne ssary t, act ra OehG4f o U e Comya y to malse, exe(. obii aGons scal, ackna, eGge and deliver as styrely any and a?J undertahings, bonds, recognizances and olher surety Authorixatlon-- 6y nanlmous cansent ot e Corr any' s 8oar of Dir cler3: c e Compar,y mnscnts th t ia: simfie a meci; anica' y re radoced s;gnature ot any assistant secrelery ot f e Compa y, ntrer ver a{ searng upc n a ccri;fitd c py of any poaver ot attnmey issued by th CamF ny in can;, ectim with surery banGs, sha! I be va; d and birdir.g upan Se Company» Ih U; s ms Corc and efiect es thtwgh manua Iy a xed. hereb fteref
certi Ca. y1eu t t liyn, he aig: t e nal Gnder pe; gneC, Assistant SeCretary, The Ohio CasualC,r 3r,suranee Canpany, Liber,y Autual 1 sur2nce Company, and U'des! American ins! r nce Comparry do h85 fit3i( 7CC( 1 tCY4k. oi attaney i wt; ici; ae foregning is a fu'.i, L: and cared capy af t P w r c` At!omey exeated by sa; d Compar.ies, is in fu face ard eNect antl IN TE8i1 iflNY WiiEffE4r". I ha+ her t, na set my hand and a ixed tf, a seafs ot saEd Cor. ar,<<es ihis 1 gth day af January , 2022 .
IttBi! IN,w tNSGR
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Rer.ee G. L3ewe?1yn, Assis ant Seaetary
lM$ 7 8731, hf;, Q IC WAiG. lAuhi Ca_ 66?; i8
185
CALIFORNIA ALL- PURPOSE ACKRIOWLEDGMENT
Civil Code 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document ta which this tertificate is attached, and not the truthfulness, accuracy, o validity of that document.
State of California
County of San Jaaauin
On lanuary 2, 2022 befa e me, An ela R. Hawkins, Notary Public personally appeared Sammv Cox who proved to me on the basis of satisfattory evidence to be the persan( s) whase name( s} is/ are subscribed to the within instrument and acknowledged to me that he/ sheJthey executed ihe same in his/ her/ their authorized capacity{ies), and that by his/ herJtheir 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 PEIVAL7Y OF PERlURY under the laws of the State of California that the faregoing paragraph is true and cor ect.
WITNESS my hand and official seal.
ANGElA R. HAWKIN$
P aGuy PuDllc- talifornla
Calarrras County
Cnmmission p 2242453 '
1 Y artrm. fxpltes May 13, 1022
t: I
i
ignature af Notary Public
Seall
186
SECTION 00340
LATFiitOP RD AiVb HAT2LAti RD IN'1' ER:i CTION tMF'Rt3VENiE iTS BID PROPOSAI, FORMS CIP PS 21- 06
NONCOLLUSION AFFIDAVIT
STATE QF at Urv1 i a.-
ss.
CQUNTY OF Sa-Yl O, t tYl
r m r,v ( , X , being first duly sworn, deposes and says that he or she is tt, ( Y', 4 Y1# of ` j, i- [`{ the parry making the ore oing bid that the bid is not made in the i terest of, ar on be alf of, any unciisclosed person, partnership, campany, assaciation, organization, or corporation; that the bicl is genuine and nat coilusive or sham; that the bidder has nnt directly or indirectly induced or solicitec any athcr bidder to ut in a f'alse or sham bid, and has not directly or indirectly collucied, canspired, connived, or agreed witl any bidder or anyone else to put in a sham bid, or that anyone shall refi ain fi-om bidding; that the biddcr has not in any manner, directly or inclirectly, sought by agree nentt comtt unication, ar conference with anyone to fix Ehe bid price ofthe bidder or any other bidder, or af that of any other bidder, or ta secure ar y advantage against the public bocly a varding the cantract of anyarie interested in the propflsed contract; th t al1 siatements cantained in the bid are true; and, further, ihat the bicid r i as not, directly or indirectly, submitted his or her bid priee ar any breakdown thereof, or the contents thereof, or divulgec3 information or data re[ aiive tlYeretc, or paid, and wili not pay, any fee t any corporation, partnersl ip, campany assaciated, organization, bid depository, or ta any member ar a ent thereof ko effectuate a coll zsive or sl am bid.
Signature o . Pr ident, Secretary,
Manager, Project Manager or Representative
Sa. 1 nY CCX, V ce, t re5 ei1f
The County of
State of
Subscribed and sworn to ( or affi ci) before me
on this day ot' 20 , by
praved to ,
c. Q.-, , t,9 i
me on the basis satisfactor} evidenc. e to be tlae
person{ sj v appeared befare me.
Signature
t 03 QO- 8
187
CALIFORNIA JURAT WlTH AFFIANT STATEMENT
GOVERNMENT CODE§ 8202
A notary public or other officer completi g this certificate verifie5 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
County of San Joaauin
Substribed and sworn to( or affirmed) before me, on this 20th day of January . 20 22 , by ij 5ammv Cox
Name( s) of Signer( s}
proved to me on the basis of satisfactary evidence to be the persfln( s) who appeared before me. wc u.+ wK r+s
Natary p.{ a f{ ornia
Calnveras County
Cammfsslori q 2I42453 '
r My Comm. Explres May 13. 2012
Signature of Notary Public Seal)
188
SECTIflN U030D
THROP RI) ANI) HARLAN iiD INTER5EC' 1" 10 1 liiPi20VEAtENTS ID PROPO5AL FORi iS CIP PS 21- OS
PUBLIG CC/ NTRACT CQDE SECTIClN It1162 QUESTIt3Nt TAIRE In accordance vith Public C ntract Code Section I0162, the Bidder shalt complete, under penalty of perjury, the following questionnaire:
Has tl e Bidder, any ofticer of the Bidder, or any ernployee of the $ idder, who has a praprietary interest in the Bidder, ever been disqualified, removed, or othcrwise preventec from biclding on, or completing a f deral, state, or local govemanent pcoject because of a violation of law or a safeiy regulaiion? Ye Na Y
If the answer is ycs, explain tl e circumstances in the fallowing space.
PUBLIC C4NTRACT SECTION 14232 STr TEM NT
In accordance t itl ' ublic Contract Code Section 10232, the Cantractor hereby states under penalty af perjury, that no more than ane nal unappealablc finding af conten t of cc urt by a federal court f as been issued against the Contractor rithin the irnrnediateiy receding n o year peric d because of the ContractQr' s ' ailure to comply u it} an ordcr afa federal court 4 hich arders the Contractar to camply ccritli an order of the National Labor Relations Baard.
NQT: The above Staternent and Questionnaire are part af the Praposal. Signing this proposal on the signature portion thereof shall also Qnstitute signature af this Statement anrl Questionnaire.
Bidders are cautianed th t rnaking a false certification may subject the certifier ta criminal prosecution.
ENI OF S CTIt114Tj
003a0- 9
189
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Certification Types: C7E3
Fit'txt ID: 43376
Firm ID 33
DBA Name RT Y dAS` t INC
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6l16l2021 Warkers' Cornpensation Hislory- CSLB
Home Ontine Services Litense Detaii Workers' Compensation Histary QUVorkers' Compensation History
Contractor License# 1009473
Contractor Name DIRT DYNASTY INC
4 {) '::- .
N• fiy`' L.; l- ti E : y,
Insurance Company BENCHMARK INSl1RANCE COMPANY
Polity# CST5421583
Effective Date OS/ 10/ 202.
Expiration Date 05/ 10/ 2022
tnsurance Company BENCHMARK INSURANCE COMPANY
Policy# CST5019187
Effective Date 05J10/ 2020
Fatpiration Date 05/ 10/ 2021
Insurance Company EVEREST PREMIER lNSURANCE COMPANY
Policy# 7600020435191
Effective Date OS/ 10/ 2014
Expiration Date OS/ 10/ 2020
Insurance Campany STATE COMPENSATION INSURANCE FUND
Polity# 9210223
Effective Date OS/ 10/ 2017
Expiration Date 05j10/ 2019
Insurance Company EXEMPT
Policy#
Effective Date 11/ 03/ 20i5
Expiratian Date
195
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ATTACHMENT C
PROJECT LOCATION MAP:
LATHROP ROAD AND HARLAN ROAD
INTERSECTION IMPROVEMENTS CIP PS 21- 06
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ITEM 4.9
CITY MANAGER' S REPORT
FEBRUARY 14, 2022 CITY COUNCIL REGULAR MEETING
ITEM: AWARD CONSTRUCTION CONTRACT TO
COMMERCIAL PUMP & MECHANICAL, INC. FOR WELL
10 TESTING, ANALYSIS AND MODIFICATIONS,
CAPITAL IMPROVEMENT PROJECT PW 22- 37 AND
APPROVE RELATED BUDGET AMENDMENT
RECOMMENDATION: Adopt Resolution Awarding a Construction Contract to Commercial Pump & Mechanical, Inc. ( CPM) for
Well 10 Testing, Analysis and Modifications, Capital
Improvement Project ( CIP) PW 22- 37 and Approve
Related Budget Amendment
SUMMARY:
The Well 10 Testing, Analysis and Modifications ( Well 10 TAM), CIP PW 22- 37 is needed to address sanding and other maintenance items for the City' s Well 10, one of four active wells comprising the City' s groundwater supply. The bid specifications for this project were completed and a notice inviting informal bids was issued on January 6, 2022 in accordance with the Lathrop Municipal Code ( LMC) 3. 30. 060.
A total of two ( 2) bids were received on January 20, 2022. Based on review and evaluation of the bids, the lowest responsive and responsible bidder was determined to be Commercial Pump & Mechanical, Inc. ( CPM) with a base bid amount of$ 87, 664.
Staff requests City Council award a construction contract to Commercial Pump & Mechanical, Inc. for construction of the Well 10 TAM, CIP PW 22- 37 for a cost of 87, 664. In addition, a construction contingency for alternate bid items in the amount of up to $ 112, 336 is requested for a total construction cost not to exceed $ 200, 000.
The need for the alternate bid items will not be determined until the well survey work, which is included with the base bid, has been completed and the well condition has been evaluated.
Sufficient project funds were not included in the adopted Fiscal Year ( FY) 21/ 22 Budget for the alternate bid items; therefore, staff is requesting that Council approve a budget amendment allocating $ 95, 000 of the Water Capital Replacement Fund 5600 for the proposed project to complete the Well 10 Testing, Analysis and Modifications, CIP PW 22- 37.
201
CITY MANAGER' S REPORT PAGE 2
FEBRUARY 14, 2022 CITY COUNCIL REGULAR MEETING
AWARD CONSTRUCTION CONTRACT TO COMMERCIAL PUMP & MECHANICAL, INC. FOR WELL 10 TESTING, ANALYSIS AND MODIFICATIONS, CIP PW 22- 37 AND APPROVE RELATED BUDGET AMENDMENT
BACKGROUND:
The Well 10 TAM, CIP PW 22- 37 is needed to address sanding and other maintenance items for the City' s Well 10, one of four active wells comprising the City' s groundwater supply. This project will complete recommended maintenance and repairs, which include testing and analysis to evaluate whether additional modifications are needed to improve the performance and efficiency of Well 10. On November 8, 2021, City Council approved the creation of the Well 10 TAM, CIP PW 22- 37.
The bid specifications for this project were completed and a notice inviting informal bids was issued on January 6, 2022 in accordance with the LMC 3. 30. 060. A total of two ( 2) bids were received, and both were determined to be responsive and responsible. The bid results are summarized in Table 1 below:
Tab/ e 1: Summary of Base Bid Resu/ ts
Contractor Base Bid
Commercial Pum & Mechanical, Inc. 87, 664
NorCal Pum Man 124, 300
Staff reviewed and evaluated the bids, and determined that the lowest responsive and responsible bidder to be CPM. Staff requests City Council adopt resolution awarding a construction contract to CPM with a base bid amount of $ 87, 664. Staff also requests City Council authorize a construction contingency for the alternate bid items in the amount of $ 112, 336 for a combined total construction cost $ 200, 000.
The need for the alternate bid items will not be determined until the well survey work, included with the base bid, has been completed and the well condition has been evaluated. Staff requests Council to authorize staff to spend the contingency as necessary to achieve the goals of the project for a total cost not to exceed $ 200, 000.
REASON FOR RECOMMENDATION:
This project is needed to address sanding and other maintenance items for the City' s Well 10, one of four active wells comprising the City' s groundwater supply.
FISCAL IMPACT:
Sufficient project funds were not included in the approved budget for Well 10 TAM, CIP PW 22- 37 for the alternate bid items; therefore, staff is requesting that Council approve a budget amendment allocating $ 95, 000 of the Water Capital Replacement Fund 5600 to the project as follows:
202
CITY MANAGER' S REPORT PAGE 3
FEBRUARY 14, 2022 CITY COUNCIL REGULAR MEETING
AWARD CONSTRUCTION CONTRACT TO COMMERCIAL PUMP & MECHANICAL, INC. FOR WELL 10 TESTING, ANALYSIS AND MODIFICATIONS, CIP PW 22- 37 AND APPROVE RELATED BUDGET AMENDMENT
Increase Transfers Out
5600- 99- 00- 990- 90- 10 95, 000
Increase Transfers In
5690- 99- 00- 393- 00- 00 PW 22- 36 95, 000
Increase Expenditures
5690- 80- 00- 420- 12- 00 PW 22- 36 95, 000
ATTACH M ENTS:
A. Resolution Awarding a Construction Contract to Commercial Pump & Mechanical, Inc. for Well 10 Testing, Analysis and Modifications, Capital Improvement Project ( CIP) PW 22- 37 and Approve Related Budget Amendment
B. Construction Contract with Commercial Pump & Mechanical, Inc. for Well 10 Testing, Analysis and Modifications, CIP PW 22- 37
203
CITY MANAGER' S REPORT PAGE 4
FEBRUARY 14, 2022 CITY COUNCIL REGULAR MEETING
AWARD CONSTRUCTION CONTRACT TO COMMERCIAL PUMP & MECHANICAL, INC. FOR WELL 10 TESTING, ANALYSIS AND MODIFICATIONS, CIP PW 22- 37 AND APPROVE RELATED BUDGET AMENDMENT
APPROVALS:
i
3Y"` l 2, Z..- t_.-
Greg Gib Date
Senior C il Engineer
Z( v- ZoZ2
Michae) Kin Date
Public Works Director
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Cari Ja e,5 Date
Finance C i ector
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Z - Z-O Z- 2_
Salvador Navarrete Date
City Attorney
2•' T• ZZ
Stephen J. Salvatore Date
City Manager
204
RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP AWARDING A CONSTRUCTION CONTRACT TO COMMERCIAL PUMP & MECHANICAL, INC.
CPM) FOR WELL 10 TESTING, ANALYSIS AND MODIFICATIONS, CAPITAL IMPROVEMENT PROJECT ( CIP) PW 22- 37 AND APPROVE RELATED BUDGET
AMENDMENT
WHEREAS, the Well 10 Testing, Analysis and Modifications ( Well 10 TAM) CIP PW 22- 37 is needed to address sanding and other maintenance items for the City' s Well 10, one of four active wells comprising the City' s groundwater supply; and WHEREAS, the bid specifications for this project were completed and a notice inviting informal bids was issued on January 6, 2022 in accordance with the Lathrop Municipal Code ( LMC) 3. 30. 060; and
WHEREAS, a total of two ( 2) bids were received and evaluated by the Public Works Department on January 20, 2022; and
WHEREAS, based on review and evaluation of the bids, the lowest responsive and responsible bidder was determined to be Commercial Pump & Mechanical Inc., with a base bid amount of $87, 644; and
WHEREAS, staff requests City Council adopt resolution awarding a construction contract to Commercial Pump & Mechanical, Inc. with a base bid amount of $ 87, 644; and
WHEREAS, staff also requests City Council authorize a construction contingency in the amount of $ 112, 336 for alternate bid items and authorize staff to spend the contingency as necessary to achieve the goals of the project for a total cost not to exceed $ 200, 000; and
WHEREAS, sufficient project funds were not included in the adopted Fiscal Year ( FY) 21/ 22 Budget for the alternate bid items; therefore, staff is requesting that Council approve a budget amendment allocating $ 95, 000 of the Water Capital Replacement Fund 5600 for the proposed project to complete the Well 10 Testing, Analysis and Modifications, CIP PW 22- 37.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve awarding a construction contract to Commercial Pump Mechanical, Inc. for the Well 10 Testing, Analysis and Modifications, CIP PW 22- 37 in the amount of $ 87, 664; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby approve a construction contingency in the amount of $ 112, 336 for alternate bid items for a total cost not to exceed $ 200, 000 and authorizes staff to spend up to this amount as necessary to accomplish the goals of the project. 205
BE IT FURTHER RESOLVED, a budget amendment allocating $ 95, 000 of the Water Capital Replacement Fund 5600 to the project is approved as follows:
Increase Transfers Out
5600- 99- 00- 990- 90- 10 95, 000
Increase Transfers In
5690- 99- 00- 393- 00- 00 PW 22- 36 95, 000
Increase Expenditures
5690- 80- 00- 420- 12- 00 PW 22- 36 95, 000
I
206
The foregoing resolution was passed and adopted this 14th day of February 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 207
Attachment B
SECTION 00500
WELL 10 TESTING, ANALYSIS& MODIFICATIONS, CIP PW 22- 37
CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT
CONTRACT
This Contract, dated February 14, 2022, is entered into by and between the City of Lathrop, a municipal corporation of the State of California ( City), and Commercial Pump & Mechanical, Inc.
Contractor), whose Taxpayer ldentification Number is
For and in consideration ofthe following covenants, terms and conditions, City and Contractor( the parties) agree:
1. Term. This Contract shall commence on, and be binding on the parties on, the date of execution of this Contract, and shall expire on the date of recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder, subject to the earlier termination of this Contract.
2. General Scope of Prolect and Work. Construction Documents for the Well 10 Testing, Analysis Modifications, CIP PW 22- 37( Project). Contractor shall furnish labor, services, materials and equipment in connection with the construction of the Project and complete the Work in accordance with the covenants, terms and conditions of this Contract to the satisfaction of City. The Project and Work is generally described as follows:
The work to be performed under this contract includes all work contained in the Construction Documents, as detailed in Paragraph 3 below, including, but not limited to Well ] 0 testing, pump rebuild, well modifications and well cleaning and redevelopment; and any task necessary to accomplish the aforementioned tasks
The work shall be completed within 45 working days following issuance of Notice to Proceed.
The Work shall be complete, and all appurtenant work, materials, and services not expressly shown or called for in the Construction Documents which may be necessary for the complete and proper construction of the Work in good faith shall be performed, furnished, and installed by the Contractor as though originally specified or shown. The Contractor will be compensated for actual work performed in accordance with the unit prices and provisions contained in these Construction Documents.
Base Bid TotaL• $ 87, 664( Ei htv- Seven Thousand Six Hundred Sixtv- Four pollars)
3. Construction Documents. This Contract shall include the Construction Documents, which are hereby incorporated by reference( i. e. Project Specifications, Project Plans, addenda, performance bond, labor and materials bond, certification of insurance, workers compensation certification, and guaranty), and the Bid Documents submitted by Commercial Pump & Mechanical, Inc. on January 20, 2022. For the purposes of construing, interpreting and resolving inconsistencies between the provisions ofthis Contract, these documents and the provisions thereof are set forth in the order of precedence described in Article 3 ofthe General Conditions.
4. Compensation. In consideration of Contractor' s performance of its obligations hereunder, City shall pay to Contractor the amount set forth in Contractor' s Bid in accordance with the provisions of this Contract and upon the receipt of written invoices and all necessary supporting documentation within the time set forth in the Construction Documents. Contractor hereby shall not be permitted to invoice the City nor accept compensation for work not yet complete. In no 00500- 1
208
SECTION 00500
WELL 10 TESTING, ANALYSIS& MODIFICATIONS, CIP PW 22- 37
CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT event, shall the Contractor be entitled to payment for work not included in the approved scope of work, a written task order, ar change order signed by the City' s Public Works Director prior to commencement of any work.
5. Insurance. On or before the Date of Execution, Contractor shall obtain and maintain the policies of insurance coverage described in Section 5. 2 of the General Conditions on terms and conditions and in amounts as may be required by the City. City shall not be obligated to take out insurance on Contractor' s personal property or the personal property of any person performing labor or services or supplying materials or equipment under the Project Contractar shall furnish City with the certificates ofinsurance and with original endorsements affecting coverage required under this Contract on or before the Date of Execution. The certificates and endorsements for each insurance policy shall be signed by a person who is authorized by that insurer to bind coverage in its behalf.
Proof of insurance shall be mailed to the Project Manager to the address set forth in Section 15 of this Contract.
6. Indemnification. Contractor agrees to protect, defend, indemnify and hold City, its City Council members, officers, employees, engineer, and construction manager harmless from and against any and all claims, demands, liabilities, losses, damages, costs, expenses, liens, penalties, suits, or judgments, arising in whole or in part, directly or indirectly, at any time from any injury to or death of persons or damage to property as a result ofthe willful or negligent act or omission of Contractor, or which results from Contractor' s noncompliance with any Law respecting the condition, use, occupation or safety ofthe Proj ect site, or any part thereof, or which arises from Contractor' s failure to do anything required under this Contract or for doing anything which Contractor is required not to do under this Contract, or which arises from conduct for which any Law imposes strict liability on Contractor in the performance of or failure to perform the terms and conditions ofthis Contract, except as may arise from the sole willfiil or negligent act or omission of City or any of its City Council members, officers, employees. This indemnification shall extend to any and all claims, demands, or liens made or filed by reason of any construction, renovation, or remodeling work performed by Contractor under this Contract at any time during the term ofthis Contract, or arising thereafter.
7. Assumption of Risk. Contractor agrees to voluntarily assume any and all risk of loss, damage, or injury to the property of Contractor which may occur in, on, or about the Project site at any time and in any manner, excepting such loss, injury, or damage as may be caused by the sole willful or negligent act or omission of City or any ofits City Council members, officers, or employees.
8. Waiver. The acceptance of any payment or performance, or any part thereof, shall not operate as a waiver by City of its rights under this Contract A waiver by City of any breach of any part or provision ofthis Contract by Contractor shall not operate as a waiver or continuing waiver of any subsequent breach ofthe same or any other provision, nor shall any custom or practice which may arise between the parties in the administration of any part or provision ofthis Contract be construed to waive or to lessen the right of City to insist upon the performance of Contractor in strict compliance with the covenants, terms and conditions of this Contract.
9. Compliance with Laws. Contractor shall comply with all Laws now in force or which may hereafter be in force pertaining to the Project and Work and this Contract, with the requirement of any bond or fire underwriters or other similar body now or hereafter constituted, with any discretionary license or permit issued pursuant to any Law of any public agency or official as well as with any provision of all recorded documents affecting the Project site, insofar as any are required by reason 00500- 2
209
SECTION 00500
WELL 10 TESTING, ANALYSIS& MODIFICATIONS, CIP PW 22- 37
CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT of the use or occupancy ofthe Project site, and with all Laws pertaining to nondiscrimination and affirmative action in employment and hazardous materials.
DEPARTMENT OF INDUSTRIAL RELATIONS- COMPLIANCE MONITORING UNIT DIR Registration.
a) Contractor and Subcontractor Compliance. Strict compliance with DIR registration requirements pursuant to Labor Code Section 1725. 5 is a material obligation ofthe Contractor under the Contract Documents. The foregoing includes without limitation, compliance with DIR Registration requirements at all times during performance ofthe Work by the Contractor and all Subcontractors of any tier. The failure ofthe Contractor and all Subcontractors of every tire to be DIR registered at all times during the performance ofthe Work is the Contractor' s default of a material obligation of the Contractor under the Contract Documents.
b) No Subcontractor Performance of Work Without DIR Registration. No portion of the Work is permitted to be performed by a Subcontractor of any tier unless the Subcontractor is a DIR Registered contractor.
c) Contractor Obligation to Verify Subcontractor DIR Registration Status. An affirmative and ongoing obligation of the Contractor under the Contract Documents is the Contractor' s verification that all Subcontractors, of all tiers, are at all times during performance of Work in full and strict compliance with DIR Registration requirements. The Contractor shall not permit or allow any Subcontractor of any tier to perfonn any Work without the Contractor' s verification that all such Subcontractors are in full and strict compliance with DIR Registration requirements. d) Contractor Obligation to Request Substitution of Non- DIR Registered Subcontractor. If any Subcontractor identified in the Contractor' s Subcontractor List submitted with the Contractor' s proposal for the Work is not DIR Registered at the time of opening of proposals for the Work or if a Subcontractor' s DIR registration lapses prior to or during a Subcontractor' s performance of Work, the Contractor shall request the CITY' s consent to substitute the non- DIR registered Subcontractor pursuant to Labor Code Section 1771. 1( c)( 3) and/ or Labor Code Section 1771. 1( d).
CertiSed Payroll Records
a) Compliance with Labor Code Section 1771. 4 and 1776. A material obligation of the Contractor under the Contract Documents is: ( i) the Contractor' s strict compliance with the requirements pursuant to Labar Code Section 1771. 4 and 1776 for preparation and submittal of Certified Payroll Records (" CPR"); and ( ii) the Contractor' s enforcement of CPR preparation and submittal for all Subcontractors of every tier.
b) Express Condition Precedent to Payment of Contact Price. Strict compliance with CPR requirements established pursuant to Labor Code Section 1776 is an express condition precedent to the CITY' s obligation to: ( i) process any request for payment of any portion of the Contract Price; or( ii) to disburse any portion of the Contract Price to the Contractor. The Contractor shall demonstrate strict compliance with CPR preparation and submittal requirements by delivery to the CITY of electronic files or hard copies of all CPR' s submitted by the Contractor and/ or Subcontractors for Work pursuant to Labor Code Section 1771. 4 and 1776 concurrently with the 00500- 3
210
SECTION 00500
WELL 10 TESTING, ANALYSIS& MODIFICATIONS, CIP PW 22- 37
CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT s ibmittal thereof to the Labor Commissioner. The CITY: ( i) shall not be obligated to process or disburse any portion of the Contract Price; or ( ii) shall not be deemed in default of the CITY' s obligations under the Contract Documents unless the Contractor' s demonstrates strict compliance with CPR preparation and submittal requirements.
c) PWR Monitoring and Enforcement. During the Work pursuant to Labor Code Section 1771. 4(a)( 4), the Department of Industrial Relations shall monitar and enforce the obligation ofthe Construction and Subcontractors of every tier to pay the laborers performing any portion of the work the PWR established for the classification of work/ labor performed.
RECORD OF WAGES PAID: INSPECTION
Pursuant to Labor Code section 1776, Contractor stipulates to the following:
a) Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work under the Facilities lease and Construction Provisions. Such records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information of such forms. The payroll records may consist of payroll data that are maintained as computer records, if printouts contain the same information as the forms provided by the division and the printouts are verified as specified in subdivision( a) of Labor Code section 1776.
b) The payroll records enumerated under subdivision ( a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor on the following basis:
1) A certified copy of an employee' s payroll record shall be made available far inspection or furnished to such employees or his or her authorized representative on request. 2) A certified copy of all payroll records enumerated in subdivision ( a) shall be made available for inspection or furnished upon request to a representative of the CITY, the Division of Labor Standards Enforcement, and Division of Apprenticeship Standards of the Department of Industrial Relations.
3) A certified copy of all payroll recards enumerated in subdivision ( a) shall be made available upon request by the public for inspection or copies thereof. However, a request by the public shall be made through either the CITY, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph ( 2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by Contractor, subcontractors, and the entity through which the request was made. The public shall not be given access to such records at the principal office of Contractor. c) Contractor shall file a certified copy of the records enumerated in subdivision ( a) with the entity that requested such records within ten ( l0) days after receipt of the written request. 00500- 4
211
SECTION 00500
WELL 10 TESTING, ANALYSIS& MODIFICATIONS, CIP PW 22- 37
CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT d) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency, by the C( TY, the Division of Apprenticeship Standards, or the division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual' s name, address and social security number. The name and address of contractor awarded the contract or performing the contract shall not be marked or obliterated. e) Contractor shall inform the CITY of the location of the records enumerated under subdivision ( a), including the street address, city, and county, and shall, within (5) working days, provide a notice of a change of location and address.
In the event ofnoncompliance witl the requirements ofthis Article, Contractor shall have ten( 10) days in which to comply subsequent to receipt of written notice specifying in what respects Contractor must comply with this Article. Should noncompliance still be evident after such 10- day period, Contractor shall pay a penalty of One- Hundred Dollars ($ 100. 00) to the CITY for each calendar day, or portion thereof, for each warker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from the progress payment then due.
The responsibility for compliance with this Article shall rest upon Contractor.
10. Bonds. As a condition precedent to City' s obligation to pay compensation to Contractor, and on or before the date of Execution, Contractor shall furnish to the Project Manager the Bo ds as required Lmder the Notice to Contractors.
1 l. Representations and Warranties. [ n the supply of any materials and equipment and the rendering of labor and services during the course and scope of the Project and Work, Contractor represents and warrants:
1) Any materials and equipment which shall be used during the course and scope of the Project and Work shall be vested in Contractor;
2) Any materials and equipment which shall be used during the course and scope of the Project and Work shall be merchantable and fit to be used for the particular purpose for which the materials are req iired;
3) Any labor and services rendered and materials and equipment used or employed during the course and scope of the Project and Work shall be free of defects in workmanship for a period of one ( 1) year after the recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder; 4) Any manufacturer' s warranty obtained by Contractor shall be obtained or shall be deemed obtained by Contractor far and on behalf of City.
5) Any information submitted by Contractor prior to the award of Contract, or thereafter, upon request, whether or not submitted under a continuing obligation by the terms of the Contract to do so, is true and correct at the time such information is submitted or made available to the City;
00500- 5
212
SECTION 00500
WELL 10 TESTING, ANALYSIS& MODIFICATIONS, CIP PW 22- 37 CUPCCAA INFORMAL BID SOLIC[ TATION CONSTRUCTION CONTRACT 6) Contractor has not colluded, conspired, or agreed, directly or indirectly, with any person in regard to the terms and conditions of Contractor' s Bid, except as may be permitted by the Notice to Contractors;
7) Contractor has the power and the authority to enter into this Contract with City, that the individual executing this Contract is duly authorized to do so by appropriate resolution, and that this Contract shall be executed, delivered and performed pursuant to the power and authority conferred upon the person or persons autharized to bind Contractor; 8) Contractor has not made an attempt to exert undue influence with the Project Manager or any other person who has directly contributed to City' s decision to award the Contract to Contractor;
9) There are no unresolved claims or disputes between Contractor and City which would materially affect Contractor' s ability to perform under the Contract; 10) Contractor has furnished and will furnish true and accurate statements, records, reports, resolutions, certifications, and other written information as may be requested of Contractor by City from time to time during the term ofthis Contract; 1 l) Contractor and any person performing labor and services under this Project is duly licensed as a contractor with the State of California as required by California Business & Professional Code Section 7028, as amended; and
12) Contractor has fully examined and inspected the Project site and has full knowledge ofthe physical conditions ofthe Project site.
12. Assi n ment. This Contract and the performance required hereunder is personal to Contractor, and it shall not be assigned by Contractor. Any attempted assignment shall be null and void.
13. Claims of Contractor. All claims pertaining to extra work, additional charges, or delays within the Contract Time ar other disputes arising out of the Contract shall be submitted by Contractor in accordance with the General Conditions.
14. Audits by City. During the term of this Contract and for a period of not less than three ( 3) years after the expiration or earlier termination of this Contract, City shall have the right to audit Contractor' s Project- related and Work- related writings and business records, as such terms are defined in California Evidence Code Sections 250 and 1271, as amended, during the regular business hours of Contractor, or, if Contractor has no such hours, during the regular business hours of City.
l5. Notices. All contracts, agreements, appointments, approvals, authorizations, claims, demands, Change Orders, consents, designations, notices, offers, requests and statements given by either party to the other shall be in writing and shall be sufficiently given and served upon the other party if(]) personally served, ( 2) sent by the United States mail, postage prepaid, ( 3) sent by private express delivery service, ar( 4) in the case of a facsimile transmission, if sent to the telephone FAX number set forth below during regular business hours of the receiving party and followed with two 2) days by delivery of a hard copy of the material sent by facsimile transmission, in accordance 00500- 6
213
SECTION 00500
WELL 10 TESTING, ANALYSIS& MODIFICATIONS, CIP PW 22- 37 CUPCCAA INFORMAL BID SOLICITAT[ ON CONSTRUCTION CONTRACT with ( 1), ( 2) or( 3) above. Personal service shall include, without limitation, service by delivery and service by facsimile transmission.
To City: City of Lathrop
City Clerk
390 Towne Centre Drive
Lathrop, CA 95330
To City: City of Lathrop
Department of Public Works
390 Towne Centre Drive
Lathrop, CA 95330
PHONE: ( 209) 941- 7430
FAX: ( 209) 941- 7449
ATTN: Senior Construction Manager
To Contractor:
Mailing Address:
Phone:
Email:
ATTN:
Miscellaneous
1) Bailee Disclaimer. The parties understand and agree that City does not purport to be Contractor' s bailee, and City is, therefore, not responsible for any damage to the personal property of Contractor.
2) Consent. Whenever in this Contract the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent.
3) Controlling Law. The parties agree that this Contract shall be governed and construed by and in accordance with the Laws of the State of California. 4) Definitions. The definitions and terms are as defined in these specifications. 5) Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Contract, which directly results from an Act of God or an act of a superior governmental authority.
6) Headings. The paragraph headings are not a part ofthis Contract and shall have no effect upon the construction or interpretation of any part of this Contract. 7) Incorporation of Documents. All documents constituting the Construction Documents described in Section 3 hereof and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated in this Contract and shall be deemed to be part ofthis Contract. 00500- 7
214
SECTION 00500
WELL 10 TESTING, ANALYSIS& MODIFICATIONS, CTP PW 22- 37
CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT 8) Integration. This Contract and any amendinents hereto between the parties constitute the entire contract between the par ies concerning the Project and Work, and there are no other prior oral or written contracts between the parties that are not incorporated in this Contract. 9) Modification of Contract This Contract shall not be modified or be binding upon the parties unless such modification is agreed to in writing and signed by the parties. 10) Provision. Any contract, covenant, condition, clause, qualification, restriction, reservation, term or other stipulation in the Contract shall define or otherwise control, establish, or limit the performance required ar permitted or to be required of or permitted by either party. All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions.
11) Resolution. Contractor shall submit with its Bid a copy of any corporate or partnership resolution or other writing, which authorizes any director, officer or other employee or partner to act for or on behalf of Contractor or which authorizes Contractor to enter into this Contract.
12) Severability. If a court of competent jurisdiction finds or rules that any provision of this Contract is void or unenforceable, the provisions of this Contract not so affected shall remain in full force and effect.
13) Status of Contractar. In the exercise of rights and obligations under this Contract, Contractor acts as an independent contractor and not as an agent or employee of City.
Contractor shall not be entitled to any rights and benefits accorded or accruing to the City Council members, officers or employees of City, and Contractor expressly waives any and all claims to such rights and benefits.
4) Successors and Assigns. The provisions of this Contract shall inure to the benefit of, and shall apply to and bind, the successors and assigns ofthe parties.
I S) Time of the Essence. Time is of the essence of this Contract and each of its provisions. In the calculation of time hereunder, the time in which an act is to be performed shall be computed by excluding the first Day and including the last. Ifthe time in which an act is to be performed falls on a Saturday, Sunday, or any Day observed as a legal holiday by City, the time for performance shall be extended to the following B isiness Day. 16) Venue. In the event that suit is brought by either party heretmder, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Joaquin or in the United States District Court for the Eastern District of California. 17) Recovery of costs. The prevailing party in any action brought to enforce the terms of this Contract or arising out of this Contract, including the enforcement of the indemnity provision( s), may recover its reasonable costs, including reasonable attorney' s fees, incurred or eXpended in connection with s ch action against the non- prevailing party. 18) Contractor and subcontractors must comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act ( 42 USC 1857( h)), Section 00500- 8
215
SECTION 00500
WELL 10 TESTING, ANALYSIS& MODIFICATIONS, CIP PW 22- 37
CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT 508 of the Clean Water Act ( 33 USC1368), Executive Order 11738, and Environmental Protection Agency Regulations at 40 CFR Part 15.
19) Contractors and subcontractors must comply with mandatory standards and policies relating to the energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation ACT( P iblic Law 94- 163, 89 stat 871).
20) The Contractor shall provide access to the site for the Environmental Protection Agency and its duly authorized representatives, and the City.
21) If during the course of construction evidence of deposit of historical or archaeological interest is found, the Contractor shall cease operation affecting the find and shall notify the City, who shall notify the EPA and the State Historic Preservation Officer. No further disturbance of the deposits shall ensue until the Contractor has been notified by the City that construction may proceed. The City will issue a notice to proceed only after the state official has surveyed the find and made a determination to the EPA and the City.
Compensation to the contractor, if any, for lost time or changes in construction to avoid the find, shall be determined in accordance with changed conditions or change arder provisions ofthe Construction Documents.
22) Notice to Proceed. Prior to commencing work under this Contract, CONTRACTOR shall receive a written" Notice to Proceed" from CITY. A Notice to Proceed shall not be issued until all necessary bonds and insurances have been received. City shall not be obligated to pay CONTRACTOR for any services prior to issuance of the Notice to proceed. 23) Signatures. The individuals executing this Contract represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Contract on behalf of the respective legal entities of the CONTRACTOR and the CITY. This Contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
24) This project is a public works project: Contractor shall comply with requirements of California Labor Code § 1700 and following, and prevailing wages shall be paid for work performed on this project.
25) The statutory provisions for penalties for failing to comply with the State of California wage and labor laws be enforced, as well as that for failing to pay prevailing wages.
EXHIBITS:
EXHIBIT A: Contractor' s Submitted Bid Packet
Certification ofinsurance, performance andpayment bonds, and worker' s compensation certification shall be furnished to the City by the Contractor after City Council' s approval with resolution. 00500- 9
216
SECTION 00500
WELL 10 TESTING, ANALYSIS& MODIFICATIONS, CIP PW 22- 37
CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above stated in Lathrop, California.
CONTRACTOR:
By:
Name:
Title:
CITY OF LATHROP
APPROVED AS TO FORM:
By:
Salvador Navarrete, City Attorney
RECOMMENDED FOR APPROVAL:
By:
Michael King, Director ofPublic Works
APPROVED:
By:
Stephen J. Salvatore, City Manager
END OF SECTION)
00500- 10
217
Exhibit A
SECTION 00300
VFLL 10 TESTItiG, AN LYSIS AND, 110DIFICATIONS BID PROPOSAL FOR l7S CIP# PW 22- 37
WELL 10 TESTING, ANALYSIS AND MODIFICATIONS, CIP# PW 22- 37
BASE BID SCHEI)UL
BID ESTIMATED UNIT EXTENDF. D
ITEM
DF.SCRINTION
QUANTITY UNITS PRICE TOTAL
1 Mobilization& Demobilization I LS 2
2 Pump Removal and Replacement _____ 1 __ LS Z ( Z3 Vell Video Surve s 2 EA , 1 1 4 __ ' ell Gyrosco c Surve}" _____ _____ 1 L_ 53 Z`'
5 __ S vab R Airlift De elopnlent_ ___ _ 6 _ Hours 77 D D _ 6 Install & Remo e" Iest Yump------ ----- --- 1-_----- -- LS _ d" i' - A
D mattlic Video Sur-vey LS !'
8 A uiier Puni Tesiina 2C Hours j
r-`j
9 Disinfection vith 7 remie Pipe 1 LS ' d a Z b
0 Chlorination and Dechlorination 1 LS D . d
1 1 Perforrnance" Cestin 2__ EA o' l"l`
12 Well Casing Air Vent 1 LS
13 I, ineshaft, beari lgs and bearing retainers 22 EA 3 b 7 J I3ase Bid
14 Motor Recoridit onin alterilati e 1 i S
d
Uell i,. 00 iflE3(! Q[: :? tC} l C;,' tl f -- - — — — -- a i I ( alternative 1 LS ° ' 7 1-------____ -=
I_— A__
16 1 1' ell I 4odification ], ine r( alternative) I LS " l7 '' - PostModitication Well I) eveloptnent q
17 alternative l0 otirs 3 1
l
Post I lodification b1' ell Aquifer" Cestint G
18 ( alternative) 20 Hours I
1 ) E3o il Ass, mbh alt, riiitivE) l I, S
r
c--- ---—
20 Colu n Pipe ( alternative)— -- 2 _ E: A i
21 Mechanical Seal ( alternative) 1 LS " '
003 00- 2
218
SECTION 00300
ELL 10 TES7' ItiG, ANALY' SIS A iD iODIFICATIONS BID PROPOSAL FORMS CIP# PW 22- 37
TOTAL F3ASE BID :
TOTAL SASE I3ID IN WORDS :
rit L t "?/, r- " u o v r.- r L G t, u7. ry r a- p S' t` - rZc i,G-.- Yt
INFORMATION REQUIREll OF BIDllER
I'he Bidder ( Contractor) shall furnish the follo« ing infornlatioil. ' I, his infortnation is considered essential in eilablitlg the Project Manager to determine ifthe 3idder is experieilced in silnilar ty es of ork and if the Bid is based on a careful study of methods applicable to the vork and full reali7ation of the various factors tii hich may affect the pro ness oi the ork. Failu e to comply vith this requirement mav render the F id non- responsi e and mav cause its t_e' ection. dditional sheets shall be attached as required.
BIDDER' S INFORMATION
1) I3iddel' s name a d addr ss:
t../ 1 8 Wl i'-_! t-•- UYt_ yY__ t—L_, I IJ .
r
w, t D ,.._ -----
i.E;' d l. Ilr _------ --
2) 3idder' s telephone number: G' 1 -____
3} Bidd r' s f a nutl ber: _ ll -- 1 ZZ-_ _
13idde= s Contractor' s License ( C' lass): C- 7 ___ [____ I, ICE; I1Sf: 0.: 1
I; pires: 7 L
Person who inspected site of proposecl work for Contractor' s firni:
Name: '" '" ... llate of Inspection: r? j Zb Z'L6) I_ist projects of a nature sitnila to this pc ject:
003 00- 3
219
SECTION 00300
VELL 10 TESTi\ G, ANALYSIS AND 10DIFTC`ATIO\ S BID PROPOSAL FORi IS C1P# PR' 22- 37
Project Contract Name, Address and
Price Tele hone Number of Owner
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220
SECTIO 00300
VELI. l0 TESTING, Ah.4LYS1S AND itODIFIC TIOYS BID PROPOSAL FOR1 lS CIP# P' 22- 37
LIST OF SUBCONTRACTORS:
I'he Bidder shall Iist below the name and business addl•ess of each subcontractor v,ho ill perfor n rork under this Bid in excess of one- half of one percent of the Contractor' s " I otal Bid Price, and shall also list the portion of the WORK « rhich will be done by such subcontractor, in accordance vith Section 4107 of the Public C' ontract Code. After the opening of bids. no changes or substitutions vill be allo ved excepi as othertivise provided by la,. The listing of inore than one subcontractor for each iteiii of vork to be perfotmed« ith the ords " and/ or" iill not be permitted.
Failure to cornply « ith this requirement mav render the Bid non- responsi e and may cause its rejeetion. Should the Contractor pi-ovide a bid that does not require a subcontractor, the Contractor shall note that on this page by riting `Not Applicable" in the list below.
Subcontractor
License Percent of
Work to be Performed Number Total Conh act Subcontractor/ Address / Yhone#
1. '
fI j
tl(LV fi-'1 i
t 5'crY1.- v t S
o V h- -- }- n.-b rr-r s
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t., rt, n! 6rrn c 5
l$ fvc' r' 1 CT'- G 301 Bt n
G
C 3 ( L
vJ A-. 4.5
13 1
f
c.
Note: Attach additi ila) sheets ifrequired.
00300-
221
scc t3n oo3; t
1' EI. I. t0" i£ S" l f G, AN LI SIS A! D hIODI' iC 7' IO\ S 31ll PROPOSAL f OR 1S C1P P l 22_37
U.° i 1)?
Bidder acl: no« ledges recei t of the follo ing adclenduin ( addenda):
EZespectfully s br littec,
1 ` j
t'-'Z--" Cit t- t. ; v, P ' sr1. G Y-/* J cc`-- c_ ; rt1G; Datea I. e al Name of Firrn ---- -
s'.,/ , j',y-: r"s-,,`
Si naitu e of f utl orized R_epresentative
i;; i}
If Ridder is cor oration. sho State in hich incorpor ted. j ii 1 c f;-' i ,--
ii1C ilil ii lfili'.S 2iiiCi }) O? Ofiiii' l C iLi c :) i iil E) i till`> E11' tCi Ei ii tic, llll.il' c' S( tl lil t11C f01:`. 011i` [? tll as principals ai e i; follo is:
Ni" i l' l
j: Cli e Yirsi a ti l; t na i es ili fufl; i;; ca of orp, ration. i c i ames ; f 1' residen[.
Secic° tary, l re isurer, and Man e-, anci in c, se ol partrlersl ips id joint . ent u es, i e n,» es and f' ist Oi fi: t addresses < ali t4ie indi cliial i3len ll e, s. r""',7 jw . ___-_-`._'-'-- ,
r/ a; .— Y.. 7r ti___ M__ '" YTt S - 9 F' 2 -`• Y „ j.,.` ' yJ". i J 1 ` fs"y 9-- l"` l T t , -'.
r----------
r t '- li".__C------------- d
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222
sECTIo T oo3oa
ELL 10 TESTI\ G, Ati:1Ll"SIS AND 1iOD1F1(' ATIONS BID PROPOSAI. FORl1IS CIP# P i' 22- 37
PUBLIC CONTRACT CODF SECTION 10162 QUESTIONNAiRE
In accordance- ith Pliblic Contract Code Section l Olb2, the Bidder shall complete, under penalt of perjur5, the follotiving questionnaire:
Has the Bidder, an} ofticer of the Bidder; or any employee of the Bidder, who has a proprietary interest in the Bidder, ever been disqualified, removed, or othErwise prevented fi•om bidding on, or completing federal, state, or local government project because of a violation of law or a safety regulation? Yes I ro
If the ans er is es, explain the cii-cumstanees in the follo itlg space.
PIiBLIC C{)' 1, ZAC7' yTC7'ION 10232 STATEMI+g`"I'
In accordance ith Public Contract C' ode Section l U232, the Contractor hereb} states tinder e, ialty of pei,jury. that I o more thau one fiiial tinap eal ible firiding of- contempt of court b}' a f ederal co it-t has been issued against the Contractor ithin t}le immediately precedilig t« o year eriod because of the Contractor' s failure to conlply ith il order of a federal colirt hich orders the Coutractor to compl i ith a l rder of the Natic nal Labor Relations 3oard.
I I?: The abo Statenlent and Questionnaire are part of the Yroposal. Signing this proposal on tlle si attlre portion thereof sllall also coi stitute si nature o1 tliis Statement and Questiotinaire.
F3idders al e cautioned that makilig a false certificatiorl ma5 subject tl e certif7er to critninal prosecution.
f'' D OF' S'EC:TION)
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223
SECTION 006b0
WEI11. 10 TE,STI\ G>: NAL}' SIS A1D! IODtFICATIONS ORKER' S CO iPENSATIO\ CERT' IFICATION CIP{# PW 22- 37
ORKER' S COMPENSATION CLRTIFICATION
AS REQt11RED BY SFCTION 1861
O' THE CALIFrJRNIA I, ABQR CODE)
I am aware of the pro ision of Sectiotl 3700 of the Labor Code which require every ernployer to be insured against liability for workers' compensation or to undertake self-insurance in aecordance with tlle provisions of that code; and I « ill cornpl} titi ith such provisions before conlmencing the perfornlance of the work of the Contract.
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SECTION 00300
tiVELL 10 TESTING, ANAL' SIS AND IODIFICATIONS BID PROPOSAL FORI IS CIP# P' 22- 37
NONCOLLUSION A FIDAVIT
STATE OF '^' '
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COLJNTY OF —
J t. r 1, being first duly sworn, deposes and says that he or she is C of YY(? l L _ _ the part} making the foregoing bid
that the bid is not made in the interest of, or on behalf of, any tlndisclosed person, partnership, corllpan5, associatiori, organization, or corporation; that the bid is genuine and not collusive or shain: that the bidder has llot directl} or inciirectly incluced or solicited any other bidder io put in a false or shatn bid, and h Ls not directly or iridirectly colluded, conspired; connived, or agreed witl ariv bidder or an rone else to put in a sha n bid. or that au- one shall refrain fi om bidding: that the bidder has not in an} mazlner, directl5 or ndirecti}, sou ht by° agreement. communicatioii, or conference ith anyone to fix the bid price of the bidder or any other bidder; or ofthat of any other bidder, oi t secure at acivanta e a ainst the public bod a- arding the contract of anyone illterested in the proposed contract; that all statements contained in the bid are true; aild, further, that th bidder has not. directl5• or indirectl; submitted his or her bid price or aily breakdo n thereof, or the contents thereof, or divulged inforinatiun or data relati e thereto. or paid, and ill lot pa, aily fee to an} colporation; artners} iip, colilpaii} associated, organization, bid depositor}. oi to any inember or agent tllereof to effectuate i collusive or shatn bid.
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ITEM 4. 10
CITY MANAGER' S REPORT
FEBRUARY 14, 2022 CITY COUNCIL REGULAR MEETING
ITEM: ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR
STANFORD CROSSING PHASE 1B NEIGHBORHOOD
PARK LOCATED IN CENTRAL LATHROP SPECIFIC
PLAN AND AUTHORIZE THE RELEASE OF BONDS
ASSOCIATED WITH EP NO. 2021- 30
RECOMMENDATION: Adopt Resolution Accepting Public Improvements for Stanford Crossing Phase iB Neighborhood Park
Located in Central Lathrop Specific Plan and
Authorize the Release of Bonds Associated with
Encroachment Permit No. 2021- 30
SUMMARY:
Lathrop Land Acquisition, LLC ( Saybrook), the developer for the Central Lathrop Specific Plan ( CLSP), has completed construction of the public improvements listed in the GASB 34 report, included as Attachment " C", for the Stanford Crossing Phase 1B Neighborhood Park in accordance with their Subdivision Improvement Agreement SIA) for Tract 4017. The improvements listed in the GASB 34 report have been inspected by City staff to ensure conformance with the approved plans. A Vicinity Map for the park is included as Attachment " B".
The contractor that completed the improvements, Odyssey Environmental Services, Inc., has provided a one- year warranty bond based on 10% of the completed improvement construction cost and Saybrook has provided the lien releases for the improvements being accepted.
BACKGROUND:
On October 5, 2006, the City approved a Vesting Tentative Map ( VTM) for Tract 3533 to create 62 parcels on 960 acres of land. On March 20, 2007, the City approved a VTM for Tract 3647 to subdivide a portion of Tract 3533 into 1, 071 parcels on 190 acres of land. On August 13, 2018, the City approved VTM 3967 to subdivide a portion of Tract 3533 into 113 parcels on 18 acres of land to replace the previously planned school location with residential lots. The Phase 1B Park is within the geographic boundaries of the VTMs for Tracts 3647 and 3967.
On January 11, 2021, City Council approved Tract 4017, establishing 311 singlefamily lots. As required by the City' s subdivision ordinance, all final maps included an SIA to guarantee certain public improvements associated with the final map. The construction of the Stanford Crossing Neighborhood Park improvements is a requirement of the SIA for Tract 4017 and the work was completed under Encroachment Permit Number 2021- 30 ( EP 21- 30).
227
CITY MANAGER' S REPORT PAGE 2
FEBRUARY 14, 2022 CITY COUNCIL REGULAR MEETING
ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR STANFORD CROSSING PHASE 1B NEIGHBORHOOD PARK LOCATED IN CLSP AND AUTHORIZE THE RELEASE OF BONDS ASSOCIATED WITH EP NO. 2021- 30
The construction of the improvements is complete and the approximate value of the improvements being accepted is $ 1, 085, 491 as shown in the project GASB 34 Report.
The neighborhood park public facilities will be maintained by the City and the costs to maintain these facilities will be covered through the existing City of Lathrop Public Works operating budget and the Community Facilities District ( CFD) 2019- 02.
Odyssey Environmental Services Inc. will provide 90 days of additional maintenance from the date of acceptance to ensure that the turf is established.
Staff recommends the release of Performance Bond No. PB01987300004 in the sum of $ 1, 927, 929. 41 and Labor and Materials No. PB01987300004 in the sum of 963, 964. 71 associated with EP 21- 30.
The contractor that constructed the improvements, Odyssey Environmental Services, Inc., has provided a one- year warranty bond based on 10% of the completed improvements construction cost as shown in Table 1 below and Saybrook has provided the lien releases from each contractor (Attachment D) for the improvements being accepted. Staff recommends City Council accept the public improvements in accordance with City specifications.
Table 1
Contractor Scope of Work Bond Number Bond Value
Odyssey Environmental Phase 1B NH Park CAC718792 172, 854. 76 Services Inc.
REASON FOR RECOMMENDATION:
City staff has inspected the improvements for the Stanford Crossing Phase 1B Neighborhood Park and confirmed that the improvements have been completed in accordance with City specifications. Staff recommends Council accept the improvements to allow the City to provide maintenance.
FISCAL IMPACT:
The approximate value of the improvements being accepted is $ 1, 085, 491 as shown in the project GASB 34 report. The city' s service maintenance CFD 2019- 02 has been established to help fund city maintenance and operating costs. The one- year maintenance bonds cover any repairs or replacements that become necessary during the one- year period, beginning with this acceptance, due to defective materials or workmanship in connection with the completed improvements. 228
CITY MANAGER' S REPORT PAGE 3
FEBRUARY 14, 2022 CITY COUNCIL REGULAR MEETING
ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR STANFORD CROSSING PHASE 1B NEIGHBORHOOD PARK LOCATED IN CLSP AND AUTHORIZE THE RELEASE OF BONDS ASSOCIATED WITH EP NO. 2021- 30
ATTACH M ENTS:
A. Resolution Accepting Public Improvements for Stanford Crossing Phase 1B Neighborhood Park Located in Central Lathrop Specific Plan and Authorize the Release of Bonds Associated with Encroachment Permit No. 2021- 30 B. Location Exhibit for Stanford Crossing Neighborhood Park C. GASB 34 Report - Stanford Crossing Neighborhood Park D. One- Year Warranty Bond and Lien Releases
229
CITY MANAGER' S REPORT PAGE 4
FEBRUARY 14, 2022 CITY COUNCIL REGULAR MEETING
ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR STANFORD CROSSING PHASE 1B NEIGHBORHOOD PARK LOCATED IN CLSP AND AUTHORIZE THE RELEASE OF BONDS ASSOCIATED WITH EP NO. 2021- 30
APPROVALS:
2 3 ZZ
Brad ylor Date
Land Development Manager
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Michael King Date
Director of Public Works
2 2 - 2
Glenn Gebhardt Date
Citx Engineer
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Cari James Date
Finance ir ctor
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Salvador Navarrete Date
City Attorney
2• ' f • z2
Stephen J. Salvatore Date
City Manager
230
RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP ACCEPTING PUBLIC IMPROVEMENTS FOR STANFORD CROSSING PHASE 1B
NEIGHBORHOOD PARK LOCATED IN CENTRAL LATHROP SPECIFIC PLAN AND
AUTHORIZE THE RELEASE OF BONDS ASSOCIATED WITH ENCROACHMENT PERMIT NO. 2021- 30
WHEREAS, on October 5, 2006, the City approved a Vesting Tentative Map VTM) for Tract 3533 to create 62 parceis on 960 acres of land. On March 20, 2007, the City approved a VTM for Tract 3647 to subdivide a portion of Tract 3533 into 1, 071 parcels on 190 acres of land; and
WHEREAS, on August 13, 2018, the City approved VTM 3967 to subdivide a portion of Tract 3533 into 113 parcels on 18 acres of land to replace the previously planned school location with residential lots. The Phase 1B Park is within the geographic boundaries of the VTMs for Tracts 3647 and 3967; and WHEREAS, on January 11, 2021, City Council approved Tract 4017, establishing 311 single- family lots; and
WHEREAS, as required by the City' s subdivision ordinance, all final maps included an SIA to guarantee certain public improvements associated with the final map. The Construction of the Stanford Crossing Neighborhood Park improvements is a requirement of the SIA for Tract 4017 and the work was completed under Encroachment Permit Number 2021- 30 ( EP 21- 30); and
WHEREAS, the construction of the improvements is complete and the approximate value of the improvements being accepted is $ 1, 085, 491 as shown in the project GASB 34 Report; and
WHEREAS, the neighborhood park public facilities will be maintained by the City and the costs to maintain these facilities will be covered through the existing City of Lathrop Public Works operating budget and the establishment of a Community Facilities District ( CFD); and
WHEREAS, the City' s Service Maintenance CFD 2019- 02 has been established to help fund City maintenance and operating costs. Odyssey Environmental Services Inc. will provide 90 days of additional maintenance from the date of acceptance to ensure that the turf is established; and
WHEREAS, staff recommends the release of Performance Bond No.
PB01987300004 in the sum of $ 1, 927, 929. 41 and Labor and Materials No.
PB01987300004 in the sum of $ 963, 964. 71 associated with EP 21- 30; and WHEREAS, Odyssey Environmental Services, Inc., has provided the one- year warranty bond based on 10% of the completed improvements construction cost listed in Table 1 below and a lien release ( Attachment D of the City Manager' s Report) for the improvements being accepted; and
231
Table 1
Contractor Scope of Work Bond Number Bond Value
Odyssey Environmental Phase 1B NH CAC718792 172, 854. 76 Services Inc. Park
WHEREAS, City staff has inspected the improvements for the Stanford Crossing Neighborhood Park and confirmed that the improvements have been completed in accordance with City specifications; and
WHEREAS, the developer and the contractor have submitted a lien release, confirming the contractor has been paid in full, and a one- year maintenance bond for the improvements being accepted. Staff recommends Council accept the improvements to allow for the City to provide maintenance.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby accept the public improvements for the Stanford Crossing Phase 1B Neighborhood Park located in the Central Lathrop Specific Plan area from Saybrook CLSP, LLC and authorizes the release of bonds associated with Encroachment Permit No. 2021- 30.
232
PASSED AND ADOPTED by the City Council of the City of Lathrop this 14th day of February 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas Salvador Navarrete
City Clerk City Attorney
233
ATTACHMENT B
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ATTACHMENT C
CITY OF LATHROP PROJECT ACCEPTANCE( GASB 34 REPORT)
Date: 1/ 27/ 2022 Submitted by: MacKay& Somps Tract 4017 Park- Lathrop, CA Based on Park Plans prepared by MacKay& Somps, Gates and Vizion dated March 2021 Item Unit Quanti Unit Cost Cost
I" WaterService 1 LS I, 500. 00 1, 500
12" RCPSD 41 LF 30. 00 1, 230
Field nlet 2 EA 5, 000. 00 1Q000
Conc. Pedesirian Paving, Standard 24, 600 SF 12. 00 295, 200 Concrete Seat Wall, 18" 68 LF 8176. 00 5' 11, 968
Mow Band 390 LF 10. 00 53, 900
River Cobble( 4- 6" depth) 1, 050 SF 55. 00 55, 250
Booster Pump( for shrub planting, trees 8 lawn) 1 EA 20, 000. 00 20, 000 24" box tree 65 EA 450. 00 29, 250
Lawn area( sod), soil prep, sod, irrigation and installation 9, 618 SF 53. 00 528, 854 Lawn area( seed), soil prep, sod, irrigation and installation 182, 838 SF 0. 50 S9' 1, 419 Irrigation Controller t EA 24, 000. 00 524, 000
MasterValve, FlowSensor t EA 3, 000. 00 53, 000
Barbeque( built-in) t EA 5750. 00 5750
Bench 5 EA 2, 000. 00 10, 000
Bike Racks( size varies) 4 EA 500. 00 6, 000
DrinkingFountain- ADA, Bottlefller, PetFountain 1 EA 55; 500. 00 55. 500 Landscape Boulder 21 EA 350. 00 57, 350
PicnicTable- A 6 EA 3, 500. 00 21, 000
PicnicTable- B 4 EA 53, 500. 00 4, 000
Trash Receptacle 2 EA 51, 500. 00 3,000
Recycle Receptacles 2 EA 51, 500. 00 3, 000
Dog Waste Stations 3 EA 500. 00 500
Shade structures 2 EA 70, 000. 00 140; 000
Bollard lighitng 2 EA 800. 00 3" 1, 600
Pedestrian Overhead Lighting 2 EA 7, 000. 00 14, 000
Basketball Standards 2 EA 1, 800. 00 3, 600
Basketball Court Surfacing( over concrete) 4500 SF S20. 00 90, 000 CourtStriping 1 LS 1, 500. 00 1, 500
Court Lighting 3 EA 57, 000. 00 52' I, 000
Safety Surfacing( poured in place) 3306 SF 20. 00 66,' 120 Play Structure 2- 5 1 EA 75,000. 00 75, 000
Play Slructure 5- 12 1 EA 375, 000. 00 75, 000
Total 1, 085, 491
235
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ATTACHMENT D
Premium Incfuded in Performance Bond Bond No. CAG718792 i MAi;1'TEi' f1: tiCE AND'' tiRR. 1?tiTY HO: LjI)
K?`'(JW Al..lw F' ERSONS 3' " 1' IiE; SE: PR}: SE' ti' IS:
HEKEAS. City c fl,athrop, hereinafter ealted the Obli ee c r City, and Saybroak CLSP, LLC, hereinafter c.all d S ybro k, t13e develc per for the Central Lathro Speci c Plan (" CLSP"), enter d into a De eloptfiaent t gree7ner t dated Decen ber 5, 2016, ar d 5ubseqitentl a Subc ivision Improvement Agreement dated. fanuar 1 ]. 2O2l. requirin cnnstrE ction of a nei hborhoc d park as part of Phase 1 S (' Phase 1 L3 Neighborl ood Park"): anci HEREAS, Od sse Entiaironmental Services, lnc. hereinafter calied the Pri cipal or C ntractor, construGted and cc npleted t} e Phase 1 B ' vei l bonc oci Park under a conlract ith Say broc k dated April l4. 2021: and
WFIEREAS, the City l as inspected the P}aase IB I ei l bc rhood (' at-k and deemed said itnprati°ements to b ec mptete and uilt tQ the ( bli ee` s specifieations and the Cit Coun il of Lathrop accepted the [' hase 1 B ?tieighb rhood Paric at its meeting c n Februar• y 14, 2ti2?: and
WHL;REt1S, Saybroc k is required to guarantee replaeettient and.-flr repair ofthe Pl ase 1 B veighb rhood Park as a result c f defectitite rnaterials, e uipment or defectiti e 1 orkmanship for a period of one ( 1) ear from the d te of acceptance afthe Phase 1 B' v'ei hborhond ' ark by the Cit Couneil of Lathrc p.
N01". THEREF( RE:_ Principal andMerchants Bonding Com an Mutuai, hereinafter called Suretti. are l eld and firrnl bc und unto the C? bli ee, in the penal slim of One H ndred Se- enttit'« o Thousand Eight H indred Fift r- Four and 76:` 1 0 Dc tlars( 172, 854, 7C) the pay ment ti h reof Principal ancl S iretv k it d thenaselves, their heirs, exeet t rs. a Tl inistratc rs, successors at d assi ns. jointly and se erally. frn l by these presents.
The eonditiot of this obligatiQn is sueh that. if Arincipal shall, upon receipt of notice in riting from Cit}, pramptly investigate and make alf re airs to Pi ase I E3 N i hborl ood Park arising c« t c f defect v ia ate iafs, « orkmanshi, c r eyuipnlent that appear ithitl one { i} year from the date City accepts ihe Phase 1 B ' ei hbonc od Park, then tl i blig iior hali b null and v id:
other i e is shall retnain in f t] I foree and effect.
PROVIDL-;D. HOVtir' EVER. that the Obligee hall gi= e i' rincipal and ut et} notice of observed defects writh reasonable protnptness.
Citti is herebti authorized to make s« ch repairs, and rhe }' rincipal and Surcty shall be liable for the cost thereaf, if ten ( 10} days after ivin of such nQtic:.e to the Contractc r, tt e Contractor l as fai{ ed to make c r undertal: e the repairs w ith du dili ence. In case of ernerge icy, i fhere in the opinion of the City delay cauld cause seri us lc ss c r damabe, rep irs ma- be made with ut notice being sent to the Contracior, an 1 the expense in cant ectian thereti ith s all be charged to the Coniractor_ and its Suret shali be liable fc r tl e Gast thereof The Surety, for value recei ed, hereb} stipulate and agrees that no char7 e, ext nsic n of time. alteration or addition to the terms c f the Deuetopment lgreenient. Subdivisic n Itnprovement greement, c r to the Phase 1 B ' ei hbc rhaod Park to he perfc r l ed thereunder shall in anti ay c,;;. c; 3 s.
236
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affect its obligations on this band, and it does hereby waive notice of any such change, extension of time, alteration or addition ta the terms of the Development Agreement, Subdivision Improvement Agreement, or to the Phase 1 B N ighborhand Park, including but not limited to the pr visions of seetions 2819 and 2845 of the California Civil Cade.
N WITNESS WHEREOF. this instrument has been duly executed by the Contractor and Surety above named. on the 12th day of January , ? 022.
CONTRACTOR, as Princi al SURETY
Odvsse Environmental ervices, Inc. Merehants Bondin Com an Mutual B Bti. - -
Print Keith t s Print Name: Mary Collins ___
Title: President Title: Attorney-in- Fact
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Address: Address k
5400 W. Nighway 12 6700 Westown Parkway,
Lodi, CA 952 2
j West Des Moines, IA 50266-7754
Attn.: Keith Williams
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NC7TE: NO"1' ARY ACKNOWLEDGNIFNT FOR SURETY AND SURETY' S POWER OF ATTORNEY MUST BE ATTACHED.
6> 134( H)t I' i4662822J
237
Notary Acknowledgment
A notary public or other o cer completing this certificate verifies only the. identity of the indivEdual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CAL{ FORNIA
COUNTY OF Sacramento
On anuary 12 20 2, before me, Kathleen Le Notary Public, personally appeared Mary Collins who praved 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/ herltheir authorized capacity( ies}, and that by his/ herltheir signature( s} on the instrument the person( s}, or the entity upon behalf of which the person( s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws af the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
KATHLEEN LE
M. 2380925 G
NaTaRr au. ic cnuFo u
OF SACW MENTO Signature of Notary Public Comm Exptres p 7 31. 2Q25 OPTIONAI.
Though the informafion be/ ow is not required by law, it may prove vafuabte to persons retying on the document and could preveni/ raudufent remova/ and reattachment of this / orm to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title( s) Title or Type of Document
Partner( s) Limited
General Number of Pages
Attomey- In- Fact
Trustee( s)
O GuardianlConservatar ate of ocumern
Other:
Signer is representing:
Name Of Person( s) Or Entity( ies)
Signer( s) Other Then Named Above
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238
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PC} V1/ ER UF ATTORNEY
Krrow Ail Persor s By Tl se Preser s, that MERCHANTS BflNQiNG CClN" PANY tMUTUAL) arui MERCMANTS NAT C7NAL BONDfIVG. ING.:
t oth being corporations of the Staie of lowa{ herein coliectiuely called tt e" Companies") da hereby make. constitute and appoint: individuatiy, Bi i Rapp; Brad Espinosa; Ciaudir; e Gordon; Deanna Quintero: Efiz betn Ccliodi; J2san larch, Jennifer Lakmann: John N pkins; K Corey^ Jar; Kristie Phiilips: h4arissa Robinsan; h1ary Colii s: tviatthew Foster. t. jiehaei K Feeney; tv1indy Whitehouse: Pa+n la Sey; pauia erma: Phiif; p Nlatkins Renee Ramsey San= aniha Waikins; Sara u^Jai, isec SaraF C} tto. 5tever3 Lee 4 fii! ia s To^ y Cfark their trus and Iawfui Attomey( s)- in- Fact, to sign its name as su ety( fes) and to execuie. seal and acknowiedge any and ati bonds, undertakings, contracts and ather written instruments in the nature thEreaf, an beha( f of the Gampanies in their business ofi guaranteeing the fidelity of persons, guaranteeing the performance at contracts and exec. tirs or guaranteeing bonds and undertakings required or perrnitted in any actions or proceedings ailowed by law.
This Power- of-Attomey is granted and is signed and sea d by fa: simii undar and by au'.hority ot the fo=lawing By- Laws adopted by the Board of Directors of Merchants Bonding Company ( Mutuai) on Apri! 23. 20i t and amended August 14, 2d15 and adopted by the Board of Directors of MerchantsNational Bonding, lnc., on 4ctober 16, 2015.
The President, Secretary. Treasurer, or any Assistani Freasurer ar any Assistant Secretary or any V;ce President shal# have powsr and autharity to appoint Attomeys- in- Fact, and to authorize them to exeaate on behalf of the Campany. and atiach the seal of the Company thereto. bonds and unde takings, recognizances, can2racts of fndemnity a d other wsitings obiigatory in the na#ure thereof.'" The signature of any authori2ed off cer and the seal of the Company rnay be aFfixed ky facsimile or electronic iransmission to any Power of Attomay ar Certification thereof autharizing the execut on and deilvery of any bond, undeRaKing. recx gnizance, or other & uretyship obiigations of the Campany, and such signature and seai when sa used sha?i have the same force and effiect as though manua! ly fixed" in connection with obligations in favor of the Fiorida Department of Transpartation only, it is agreed that the power and aut hority hereby given ta the Attomey- in- Faci i cludes a y and al! consents # or the release oi ratained percentages andtar final estsmates on engineering and construction contracts required by the State of Florida DepaRment ot Transportatian it is fuily understaod that consenting to the 5tate ofFforida Department of Transportation making payment of the finai esiimate to the CanVactor andiar its assignee, shali not retieve this surety company of any oi its obiigations under its bond.
In connection with obiigations in( avor of the Kentucky department of Mighways only, it is agreed that the power end autharity hereby g ven to the fittorney- irz- Fact ca not be modified or revoked uniess prior written personat na' ice of such intent nas been given ta the Gon2miss+« erDepaRment vf Nighways of khe Gommanwealth ot Kentucicy at least thirty{ 30} days priar to the mod+ficaiion ar=: vocation In Witne&s Whereof, the Companies have caused this instrum2nt So De signed ard seale this 2; t^ day o{ Se;, f m,,ber , 2C2? w.........
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C} n this 27th day af September 2 t , before me appeared larry 1aylar. to me parsanai6y knovan. who being by me duly swdm did sey that he is President of MERGHANTS SONDfNG COMPANY { MJTUAL} and h9ERCFiANTS NATIONAL BONDING, ING.; and that the seals affixed tc the foregoirtg instrument are the Corporate Sea4s of the CompanieS; and that the sasd instrument was signed and sealeci in behalf of ihe Gompanies by autharity af their respective Boartls of Directors_ 4a
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Lommission 4umber 75 576
Pviy Commission Expires
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Expiration of notary' s commission does not invalidate this instnament) i. V` ilfiam NJarr er.. lr.,5ecretary of MERCHANTS BflNE7lNG COFAPANY( MUTt1Al} and MERCHANTS NATibNA 80ND(NG, INC., do hereby certify that the above ar d foregoirx is a true ar7d correcf eopy of Ehe POWER- OF-ATTt7F2R1EY executed by said Companies, which is sti!! in full farce and effect arxi has not been amended ar revoked.
in Wiiness Whereof, i have hereun# o set my hand and affixed the seal r€ the Corrtp8nies a this 12th day of January . 2022 s
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To: City of Lathrop
390 TQwne Centre Drive
Lat6rop, CA 95330
NOTICE OF WAIVER AND RELEASE
Saybrook CLSP, LLC has received Unconditional Waiver and Release On Fina1 Payment forms from contractor( s} it engaged for construction of the fallowing improvement:
Stanford Crossing Neighborhoods Phase 1B Park
Copies of those documents are attached to this Notice.
Those documents waive and release lien, stap payment notice, and payment bond rights the claimants had for all labor and service provided, and equipment and material delivered, for the work of improvement listed above.
In addition, CLSP certifies:
1) Ta the best of its knowledge, any and all persons entitled to record mechanics lien, stop payment notices or payment bond claims for labor, service, equipment, or material provided to the work af improvement identified above have been paid in full; and 2) That it has not received any notice or claim from any persons entitled ta record mechanics lien, stap payment notices ar payment bond claims for labor, service, equipment, or material provided to the work of improvement identifed above.
SAYBROOK CLSP, LLC Date: 1 P ¢ o Z 2.--
By: Saybrook Fund Investors, LLC
Its: Managing Member
By:
Jeffre M. Wilson
b5134. 0000113275' T210. 1
240
UNCONDITIONAL WAIVER AND RELEASE N FINAI. PAYMENT
NOTICE TO C AIMANT: THIS DOCUMENT WAIVES AND RELEASES LIEN, STOP PAYMENT NOTICE AND PAYMENT BQND R[GHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIV[ NG UP THOSE RIGHTS. THIS DOCUMENT 1S ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN [ YOU HAVE NOT BEEN PAID. tF YOU HAVE NOT BEEN PA1D, USE A CONDITIONAL WAIYER AND RELEASE FORM.
Identifyfng Information
Name of Claimant: Odyssey nvironmental Services, lnc
Name of Customer: Saybrook CLSP, LLC
Job Location: Stanford Crossings Neighborhoods 1 B Park, Lathrop CA Owner Saybrook CLSP, LLC
Unconditiona[ Waiver and Release
This document waives and releases lien, stop payment otice, and payment bond rights the clafmant has for all labor and service provided, and equipment and material delivered, to the custorner on this job. Rights based upon labar or service provided, or equipment or material delivered, pursuant to a written change order that has been fully executed by the parties prior to the date that this document is signed by fhe ciaimant, are waived and released by this document, unless listed as an Exception belaw. The claimant has been paid in full.
Except3ons
This document does not affect any of 1he following:
Disputed claims for extras in the arnount of:$ 0. 00
nature
Claimant' s Signature.
ClaimanYs Title: Contracts Administrator
Date of Signature. 01l13/ 2022
7! 1!' i 2
241
242
ITEM 5. 1
CITY MANAGER' S REPORT
FEBRUARY 14, 2022 CITY COUNCIL REGULAR MEETING
ITEM: REVIEW AND PROVIDE DIRECTION ON DESIGN
OPTIONS FOR CIP PK 20- 02 MILESTONE
MANOR PARK REVITALIZATION
RECOMMENDATION: Review Design Options For CIP PK 20- 02 Milestone Manor Park Revitalization Project
And Approval Of Associated Budget
Amendment
SUMMARY:
At the November 9, 2020 City Council Meeting, Council approved the creation of Capital Improvement Project ( CIP) PK 20- 02 Milestone Manor Park Revitalization.
The approval of CIP PK 20- 02 allowed staff to apply for the California Prop. 68 Per Capita Grant program and begin design services for Milestone Manor Revitalization.
Staff has completed the application process and have created two design concepts for Council review. Upon review staff requests Council provide direction on approval of one of the two design options and the associated budget amendment to allow staff to move forward with the creation of construction documents and bidding the project.
BACKGROUND:
In ] uly of 2020 the State of California Office of Grants and Local Services ( OGALS) announced California Prop. 68 funds were available to local government agencies for local park rehabilitation projects based on a per capita basis. The funds awarded are designated to rehabilitate existing infrastructure, to address deficiencies in neighborhoods lacking access to the outdoors, or to assist where existing infrastructure is failing due to deferred maintenance or lack of funding. The California Prop. 68 Per Capita Grant has identified $ 177, 952 in grant funding available to the City of Lathrop for a park revitalization program. Staff identified Milestone Manor Park, a city owned 1- acre park located at 630 Milestone Drive, as the location for this revitalization project.
The project includes the removal of the outdated picnic tables and benches, the removal of a number of trees within the interior park to create more usable open space, the removal and replacement of the sparse perimeter landscaping, installation of additional park drainage, the installation of accessible sidewalks, new benches, picnic tables, garbage cans, as well as option to add a small children' s play structure with rubberized fall surfacing, and a concrete park sign.
RECOMMENDATION:
Staff contracted with KLA Landscape Architecture Planning to develop design options for this revitalization project. Tonight staff is asking Council to review these two options, provide staff direction which option to move forward, and approve the associated budget amendment.
243
CITY MANAGER' S REPORT PAGE 2
FEBRUARY 14, 2022 CITY COUNCIL REGULAR MEETING
REVIEW AND PROVIDE DIRECTION ON DESIGN OPTIONS FOR PK 20- 02
MILESTONE MANOR PARK REVITALIZATION
This direction will allow staff to create construction documents to bid the project.
Once the bid is completed staff will return to a future meeting for the approval of construction contracts.
Option 1 - Milestone Manor Park Revitalization
This option will include the removal of items mentioned above as well as the addition of the following amenities:
Children' s Play Area Water Weir & Raised Planters Accessible Interior Path Concrete Mow Strips Multiple Picnic Areas & BBQ' s Seat Wall Walkway Bridge Concrete Stepping Stones Redesigned Landscaping 4' Perimeter Fence Two Park Entries with Gates
The option 1 design is an extensive redesign of the existing 1- acre park site including the installation of a children' s play area with an engineer' s construction estimate of total cost of $ 725, 000.
Option 2 - Milestone Manor Park Revitalization
This option will include the removal items mentioned above as well as the addition of the following amenities:
Single Picnic Area River Cobble at Basin Concrete Mow Strips Seat Wall 4' Perimeter Fence Redesigned Landscaping
The option 2 design is a limited redesign of the existing 1- acre park site with an engineer' s construction estimate of total cost of $ 425, 000.
FISCAL IMPACT:
As part of the Fiscal Year 21- 22 budget CIP PK 20- 02 Milestone Manor Park Revitalization was approved with a budget of $ 355, 900, of which $ 177, 952 will be reimbursed to the City through the California Prop. 68 Per Capita Grant Program.
If Council approves Option 1 staff requests approval of a budget amendment in the amount of an additional $ 369, 100 to meet the estimated construction costs of 725, 000. Of these funds $ 177, 952 will be reimbursed to the City by the California Prop. 68 Per Capita Grant program for a total City investment of $ 547, 048.
If Council approves Option 2, staff requests approval of a budget amendment in the amount of an additional $ 69, 100 to meet the estimated construction costs of 425, 000. Of these funds $ 177, 952 will be reimbursed to the City by the California Prop. 68 Per Capita Grand program for a total City investment of $ 247, 048. 244
CITY MANAGER' S REPORT PAGE 3
FEBRUARY 14, 2022 CITY COUNCIL REGULAR MEETING
REVIEW AND PROVIDE DIRECTION ON DESIGN OPTIONS FOR PK 20- 02
MILESTONE MANOR PARK REVITALIZATION
Allocation of funds to CIP PK 20- 02
Budget Amendment
Increase Transfer In Option 1 Option 2
3010- 9900- 393- 0000 369, 100 $ 69, 100
Increase Transfer Out
1060- 9900- 990- 9010 Measure C) 369, 100 $ 69, 100
Program Expenses Increase
3010- 8000- 420- 8100 PK 20- 02) 369, 100 $ 69, 100
ATTACHMENTS:
A. Resolution to approve design option for CIP PK 20- 02 Milestone Manor Park Revitalization, and approval of related budget amendment. 245
CITY MANAGER' S REPORT PAGE 4
FEBRUARY 14, 2022 CITY COUNCIL REGULAR MEETING
REVIEW AND PROVIDE DIRECTION ON DESIGN OPTIONS FOR PK 20- 02
MILESTONE MANOR PARK REVITALIZATION
APPROVALS:
ZZ • 2v 2
achary J n s Date
Director Pa s and Recreation
25• 2o z2
Michael King Date
Director of Public Works
a ' ` i' l ao
Cari Jam s Date
Director o Finance
2-- y ` 2:o Z-`Z
Salvador Navarrete Date
City Attorney
2?• ZZ
St en J. Salvatore Date
City Manager
246
RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING THE DESIGN OPTION FOR CIP PK 20- 02 MILESTONE MANOR PARK REVITALIZATION AND THE ASSOCIATED BUDGET AMENDMENT.
WHEREAS, City Council considered design options for CIP PK 20- 02 Milestone Manor Park Revitalization and selected Option 1; and WHEREAS, City Council also considered a budget amendment of an 369, 100 from the General Fund to be reimbursed by Measure C funds upon approval from the Measure C Oversight Committee to meet the estimated construction costs of $ 725, 000; and
WHEREAS, the City Council will be reimbursed $ 177, 952 of this expense through the California Prop 68 Per Capita Grant Program; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop approves the design option for CIP PK 20- 02 as well as the following budget amendment.
Allocation of funds to CIP PK 20- 02
Budget Amendment
Increase Transfer Out
1060- 99- 00- 990- 90- 10 Measure C) 369, 100
Allocation of funds to CIP PK 20- 02
Increase Transfer In
3010- 99- 00- 393- 00- 00 PK 20- 02 369, 100
Increase Expenditure
3010- 80- 00- 420- 12- 00 PK 20- 02 369, 100
247
The foregoing resolution was passed and adopted this 14T" day of February 2022, by the following vote of:
AYES:
NOES:
ABSTAIN:
ABSENT:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 248
RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING THE DESIGN OPTION FOR CIP PK 20- 02 MILESTONE MANOR PARK REVITALIZATION AND THE ASSOCIATED BUDGET AMENDMENT.
WHEREAS, City Council considered design options for CIP PK 20- 02 Milestone Manor Park Revitalization and selected Option 2; and WHEREAS, City Council also considered a budget amendment of an $ 69, 100 from the General Fund to be reimbursed by Measure C funds upon approval from the Measure C Oversight Committee to meet the estimated construction costs of 425, 000; and
WHEREAS, the City Council will be reimbursed $ 177, 952 of this expense through the California Prop 68 Per Capita Grant Program; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop approves the design option for CIP PK 20- 02 as well as the following budget amendment.
Allocation of funds to CIP PK 20- 02
Budget Amendment
Increase Transfer Out
1060- 99- 00- 990- 90- 10 Measure C) 69, 100
Allocation of funds to CIP PK 20- 02
Increase Transfer In
3010- 99- 00- 393- 00- 00 PK 20- 02 69, 100
Increase Expenditure
3010- 80- 00- 420- 12- 00 PK 20- 02 69, 100
249
The foregoing resolution was passed and adopted this 14T" day of February 2022, by the following vote of:
AYES:
NOES:
ABSTAIN:
ABSENT:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 250
CITY MANAGER' S REPORT
ITEM 5. 2
FEBRUARY 14, 2022 REGULAR CITY COUNCIL MEETING
ITEM: PUBLIC HEARING ( PUBLISHED NOTICE) TO
CONSIDER COMMUNITY DEVELOPMENT BLOCK
GRANT ( CDBG) AND HOME INVESTMENT
PARTNERSHIP ACT ( HOME) PROGRAM ALLOCATIONS
FOR FISCAL YEAR 2022/ 2023
RECOMMENDATION: Council to Consider the Following:
1. Hold a Public Hearing; and
2. Adopt Resolution Recommending the Allocation of
the CDBG and HOME Funds for FY 2022/ 2023 for
consideration by San ,7oaquin County and the US
Department of Housing and Urban Development
HUD)
SUMMARY:
Each year the City of Lathrop (City) receives an allocation of Community Development Block Grant ( CDBG) and HOME Investment Partnership Act ( HOME) funds. Both programs are .funded by the U. S. Department of Housing and Urban Development HUD), and administered by San Joaquin County ( COUNTY), under an Urban Cooperative Agreement between San Joaquin County and the cities of Escalon, Lathrop, Manteca, Ripon, and Tracy.
The County guidelines are in place to help meet the needs of the community and the requirements set forth by HUD. Important highlights of these guidelines are as follows:
Multi- entitlement agencies must apply directly to San Joaquin County for both County and City funding.
The minimum public service grant request for local organizations should be at least $ 5, 000. 00.
Cities will be recommending the local allocation of funds for finat approval by the San Joaquin County Board of Supervisors and HUD.
For fiscal year 2022/ 2023, the City of Lathrop anticipates an allocation of $ 92, 952 in CDBG funds and $ 30, 506 in HOME funds. This number may increase or decrease depending on Federal Budget approvals. No more than fifteen percent ( 15%) of the allocated CDBG funds may be designated toward Public Service organizations with the remaining eighty- five percent ( 85%) designated toward Public/ Capital Facility projects. HOME funds may be allocated to eligible program( s) administered by the County.
251
CITY MANAGER' S REPORT Page 2
FEBRUARY 14, 2022 CITY COUNCIL REGULAR MEETING
PUBLIC HEARING ( PUBLISHED NOTICE) TO CONSIDER CDBG AND HOME FUNDING ALLOCATIONS FOR FISCAL YEAR 2022/ 2023
City Council must conduct a public hearing to consider funding requests from eligible applicants, prior to finalizing recommendations of local CDBG and HOME funding allocations. Staff published a legal advertisement on December 23, 2021 to promote the availability of CDBG and HOME funds and to solicit eligible applicants. A second legal advertisement was published on January 21, 2022 to announce the public hearing date to consider CDBG and HOME funding allocations for FY 2022/ 2023.
Multi- entitlement agencies serve residents of multiple cities throughout the County, therefore these agencies are required to submit one application to San Joaquin County for individual local agency funding requests.
There were four ( 4) multi- entitlement agency applications submitted for CDBG Public Service' s funding, one ( 1) application was submitted directly to the City for consideration of a local Public Service grant, two ( 2) applications were received for a Public Facilities grants, and zero ( 0) applications were received for HOME funds.
The three- step process for allocating funds to identified local activities is referenced below:
STEP 1. Allocate funding for the CDBG Public Service Organizations.
STEP 2. Allocate funding for the CDBG Public/ Capital Facility Projects.
STEP 3. Allocate HOME funds to an eligible program administered by the County.
Staff recommends that the City Council consider the information provided at the public hearing, staff' s presentation, and Lathrop' s Scoring Committee' s proposed funding allocations for CDBG' s public service grants, public facility grants, and the HOME funds for fiscal year 2022/ 2023. City Council maintains sole discretion to accept staff' s recommendation or propose recommended funding allocations toward eligible applicant projects or services they deem in the best interest to meet community and resident needs.
BACKGROUND:
The City of Lathrop, in accordance with the Urban Cooperative Agreement with San Joaquin County, will make recommendations to allocate the anticipated amount of CDBG funds to Public Service organization( s), Public/ Capital Facility project( s), and HOME funds as follows:
CDBG
Public Service Awards ( 15%): 13, 942. 80
Public/ Capital Facility Projects ( 85%): 79, 009. 20
Total anticipated CDBG Allocation: 92, 952. 00
HOME Funds
Total anticipated HOME Funds 30: 506. 00
252
CITY MANAGER' S REPORT Page 3
FEBRUARY 14, 2022 CITY COUNCIL REGULAR MEETING
PUBLIC HEARING ( PUBLISHED NOTICE) TO CONSIDER CDBG AND HOME FUNDING ALLOCATIONS FOR FISCAL YEAR 2022/ 2023
STEP 1: Allocate funds to Public Service Organizations
Multi- Entitlement Agencies:
Multi- entitlement agency applicants include San Joaquin County Department of Aging, Emergency Food Bank of Stockton/ San Joaquin, San Joaquin Fair Housing, and Give Every Child a Chance ( GECAC). Each of these organizations provide services within multiple cities throughout San Joaquin County, and have applied directly to the County through the one application process to request funding from the County and Cities for which they provide services.
The following summary describes the services provided to Lathrop residents by each of the multi- entitlement agency applicants and the amount requested by each organization:
San 7oaquin Fair Housin4 1, 250
The San Joaquin Fair Housing Board is designed to further fair housing in San Joaquin County. They achieve this by educating tenants and owners on all the Federal and State Fair housing laws accomplished through direct outreach, education, mediation and virtual workshops. It is important to note that this is a HUD mandated program, which requires each jurisdiction to provide their proportionate share of the anticipated expenditures by San Joaquin Fair Housing for the fiscal year. In other words, the 1, 250 is a requirement. The program expects to benefit approximately 1, 995 Lathrop residents.
Give Every Child a Chance — Before/ After School Pro4rams 5, 500 Give Every Child a Chance ( GECAC) is requesting funding for its " After School & Summer Mentor/ Tutor Programs", which offer a literacy based mentor/ tutoring program at no charge to students in K- 12th grade. Due to COVID, they have adapted to virtual and in- person sessions. Sites are open every day after school during the school year and a drop- in program is available during the summer. Classes for Lathrop are held at Lathrop Elementary School, Joseph Widmer School, Mossdale School, River Islands Technology Academy and a summer site at Our Lady Guadalupe Church. For FY 2022- 23, GECAC anticipates providing services to 350 Lathrop children. The requested funds will be used to provide supplies and nutritious snacks for the students.
Emergency Food Bank — Mobile Farmer' s Market 1, 500
The Emergency Food Bank of Stockton/ San Joaquin is requesting funding for its Farm to Family Program & Mobile Farmers Market", which provides access to fresh fruits and vegetables along with nutrition education to various underserved areas throughout San ) oaquin County, free of charge.
253
CITY MANAGER' S REPORT Page 4
FEBRUARY 14, 2022 CITY COUNCIL REGULAR MEETING
PUBLIC HEARING ( PUBLISHED NOTICE) TO CONSIDER CDBG AND HOME FUNDING ALLOCATIONS FOR FISCAL YEAR 2022/ 2023
The programs are open to residents residing throughout San Joaquin County. In addition to its main pantry location, food is distributed through 82 additional sites 21 community partner pantries and 61 Mobile Farmer' s Market sites). There are three Mobile Farmer' s Market sites serving Lathrop for one day each month: Head Start, the Senior Center, and Our Lady of Guadalupe Church. The program expects to serve 989 residents of Lathrop.
S) C Department of Aging — Meals on Wheels 1, 000
The San Joaquin County Human Services Agency' s Department of Aging & Community Services is requesting funding for its Home Delivered Meals Program Meals on Wheels", which serves seniors throughout the county by delivering a package of five meals each week per person. The program targets to reduce social isolation and to promote better health by providing nutritional meals to homebound senior citizens. Mandated by the Older Americans Act, this program is administered through the Department of Aging. The requested funds will be utilized on operational costs associated with the procurement of ineals, delivery, and other associated expenses. The program expects to benefit nine ( 9) senior residents of Lathrop.
Local Organizations:
Local organizations that serve and operate within specific jurisdictions are encouraged to apply directly to the Cities for CDBG grant funding. For FY 2022- 23, the City received one local organization application.
The following summary describes the services provided by the applicant( s) to Lathrop residents and the amount of funding requested:
City of Lathrop ( Parks & Recreation Department) 5, 000 The City of Lathrop' s Parks & Recreation Department ( PRD) offers an Activity Assistance Program designed to provide financial assistance to eligible low- income families and individuals who wish to participate in recreation services and activities.
PRD services and activities may include before and after school programs, day camps, sports programs, and classes. Eligible individuals may use up to $ 250 annually, but only 50% of the fees may be covered through the Activity Assistance Program; families must pay the remaining percentage. Due to the impacts of COVID- 19, an application for CDBG funding was not submitted in FY 2021/ 22. The program expects to benefit 29 Lathrop residents.
254
CITY MANAGER' S REPORT Page 5
FEBRUARY 14, 2022 CITY COUNCIL REGULAR MEETING
PUBLIC HEARING ( PUBLISHED NOTICE) TO CONSIDER CDBG AND HOME FUNDING ALLOCATIONS FOR FISCAL YEAR 2022/ 2023
The Lathrop Ranking and Scoring Committee reviewed the applications and recommends allotment to each qualified public service organization as follows:
PUBLIC SERVICE ORGANIZATIONS ALLOTMENT SUMMARY
Requested Recommended
Organization Amounts for Allotment for
FY 22/ 23 FY 22/ 23
San ) oaquin Fair Housing 1, 250 1, 250. 00
Give Every Child a Chance ( GECAC) 5, 500 5, 192. 80
Emergency Food Bank of Stockton/ San ] oaquin 1, 500 1, 500. 00 S7C Dept of Aging, Meals on Wheels 1, 000 1, 000. 00
Lathrop Activity Assistance Program 5, 000 5, 000. 00
TOTAL FUNDS 14, 250. 00 13, 943. 80
STEP 2: Allocate Funds for Public/ Capital Facility Project( s) The City of Lathrop anticipates $ 79, 009. 20 of CDBG funds to be available for eligible public/ capital facility projects. Two applications were received, however, one was disqualified due to it not meeting the HUD requirement of a shovel- ready project.
An application was received by the City' s Public Works Department for additional funding towards the ADA accessibility improvements at City Hall which have increased in cost due to availability of materials and supplies, and an additional ADA improvement to meet closed caption requirements. A summary of the project and the amount requested are referenced below:
Lathrop City Hall — ADA Accessibility Improvements 129, 250. 00 The City of Lathrop was awarded $ 79, 009. 20 of FY 2021/ 22 CDBG grant funding for City Hall upgrades and improvements needed to comply with the requirements of the Americans with Disabilities Act ( ADA). An additional allocation of funding was transferred from the unexpended remaining balance of the Senior Center Improvements project, completed in early 2021, for a total of $ 82, 300. 61 available for the City Hall ADA Accessibility Improvements project, which at the time had an estimated cost of $ 83, 050.
Due to the nationwide supply chain issues and lack of available materials and supplies, the cost of the improvements have increased. The City' s Public Works Department is submitting this grant application to address the increase in costs and additional ADA improvements needed to meet closed- caption requirements. Total project costs are estimated at $ 212, 300, which includes ADA door upgrades, an ADA lift and other associated modifications in the Council Chambers, an ADA Kiosk in City 255
CITY MANAGER' S REPORT Page 6
FEBRUARY 14, 2022 CITY COUNCIL REGULAR MEETING
PUBLIC HEARING ( PUBLISHED NOTICE) TO CONSIDER CDBG AND HOME FUNDING ALLOCATIONS FOR FISCAL YEAR 2022/ 2023
Hall lobby, additional strike edge clearance, accessible surfacing to City Hall exterior Bulletin Board, and replacement of broadcasting equipment to enhance audio/ video.
Lathrop City Hall was built in 2005, and the facility serves as a place for in- person accessibility to local government services for residents and the public. The seventeen- year old building is in need of upgrades and improvements to meet ADA standards. In accordance with the ADA Self- Evaluation and Transition Plan, City staff continues to work towards the removal of architectural barriers in public facilities and pathways. The upgrades and improvements will allow safe and improved access for people with disabilities to engage in services, programs, activities, and meetings conducted in City Hall, such as City Council, Planning Commission, Measure C Committee, Fire Department, etc.
STEP 3: Allocate Home Funds
The estimated HOME fund allocation for FY 2022- 23 is $ 30, 506. The City of Lathrop participates in two eligible HOME Loan programs- the Homebuyer pown- Payment Assistance ( GAP) and the Lathrop Housing Rehabilitation Program. Both programs provide low- interest loans for qualified low- income households. The City advertises these programs through the City website, Channel 97, and through flyers distributed at City Hall, Community Center, Senior Center and the library.
San Joaquin County administers the HOME fund applications, contracts, and program disbursements. According to County records, the current balance for the Lathrop Housing Rehabilitation program is $ 119, 367, which includes allocations from FY' s 2018/ 2019, 2019/ 2020, 2020/ 2021, and 2021/ 2022. The GAP program has a balance of zero.
As of January 5, 2022, the County reported that the Lathrop Housing Rehabilitation program has assisted one ( 1) resident with one ( 1) more client on the waiting list.
The Homebuyer pown Payment Assistance Program ( GAP) has not been utilized for the past eight ( 8) years. Due to the rising cost of housing and a high- income ratio requirement to purchase a house, residents of San Joaquin County find it difficult to qualify for GAP.
Staff recommends all HOME Funds be allocated toward the Lathrop Housing Rehabilitation Loan Program.
RECOMMENDATION:
Staff recommends that the City Council consider the information given at the public hearing and during the staff presentation to make a funding recommendation to allocate the 2022/ 2023 fiscal year CDBG and HOME program funds as follows:
256
CITY MANAGER' S REPORT Page 7
FEBRUARY 14, 2022 CITY COUNCIL REGULAR MEETING
PUBLIC HEARING ( PUBLISHED NOTICE) TO CONSIDER CDBG AND HOME FUNDING ALLOCATIONS FOR FISCAL YEAR 2022/ 2023
Step 1: Allocate CDBG funds to Public Service Organizations ($ 13, 942. 80) as indicated on the Lathrop Scoring and Ranking Committee Recommendations Attachment 2).
Step 2: Allocate CDBG Public/ Capital Facility funds ($ 79, 009. 20) to the City of Lathrop for City Hall' s ADA Accessibility Improvements Project ( CIP GG 22- 04).
Step 3: Allocate all HOME funds ($ 30, 506. 00) to the Lathrop Housing Rehabilitation Loan Program administered by the County.
FISCAL IMPACT:
Staff time to review the applications, prepare this report, presentation and monitor and manage this program.
The County' s disbursement process requires the City to set up a separate account( s) to accommodate the CDBG reimbursement program. Because the applicant( s) have been awarded CDBG grants in the past, all necessary accounts are in place and funded according to this requirement. The only exception will be an increase in the revenue account to accommodate the Public Facilities award for City Hall' s ADA Accessibility Improvements Project through a budget adjustment for CIP GG 22- 04.
Staff is requesting the following budget amendments to accommodate the CDBG FY 2022/ 2023 allocations for Public Service and Public Facility Grants:
Increase Revenues
2650- 2010- 333- 01- 02 Intergov. Federal - CDBG CC 79, 009 2700- 3001- 333- 01- 02 Intergov. Federal - CDBG CC 5, 000 Proposed Budget Amendment
1010- 9900- 393- 00- 00 CDBG Transfer In - Public Agency 5, 000 2700- 9900- 99- 90- 10 CDBG Transfer Out - Public Agency 5, 000 2650- 9900- 990- 90- 10 CDBG Fund Transfer Out - Public Agency $ 79, 009 3010- 9900- 393- 00- 00 Increase Transfer CIP GG 22- 04 79, 009 3010- 8000- 420- 12- 00 Increase Expense CIP GG 22- 04 79, 009 GOALS ADVANCED BY THIS AGENDA:
The proposed Resolution promotes Public Safetv by providing funding for those in need of assistance and support.
257
CITY MANAGER' S REPORT Page 8
FEBRUARY 14, 2022 CITY COUNCIL REGULAR MEETING
PUBLIC HEARING ( PUBLISHED NOTICE) TO CONSIDER CDBG AND HOME FUNDING ALLOCATIONS FOR FISCAL YEAR 2022/ 2023
ATTACH M ENTS:
A. Resolution Recommending the Allocation of the Community Development Block Grant and Home Investment Program Funds for FY 2022/ 2023.
B. FY 2022/ 2023 - CDBG/ HOME Grant Applications, Scoring and Ranking Committee Recommendations
258
CITY MANAGER' S REPORT Page 9
FEBRUARY 14, 2022 CITY COUNCIL REGULAR MEETING
PUBLIC HEARING ( PUBLISHED NOTICE) TO CONSIDER CDBG AND HOME FUNDING ALLOCATIONS FOR FISCAL YEAR 2022/ 2023
APPROVALS:
c,.. t.Q.a 2-3- 2[n2
Shelley Burc Date
Economic Development Administrator
I aCari James ; Date
Director of Fi' nce
2 - 3 Z 2z..
Salvador Navarrete Date
City Attorney
2•$- 2.Z
Ste en J. Salvatore Date
City Manager
259
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP
RECOMMENDING THE ALLOCATION OF THE COMMUNITY DEVELOPMENT
BLOCK GRANT AND HOME INVESTMENT PROGRAM FUNDS FOR FISCAL YEAR 2022/ 2023
WHEREAS, the City anticipates it will receive an estimated allocation of 92, 952 for Community Development Block Grant ( CDBG) and $ 30, 506 for the HOME Investment Program ( HOME) for Fiscal Year ( FY) 2022- 2023; and WHEREAS, the City of Lathrop has properly published a 30- day public notice of availability of funds for the programs in accordance with HUD regulations; and WHEREAS, the City Council has determined in accordance with the California Environmental Quality Act, Article 18, Section 15273, that this item is categorically exempt because CEQA does not apply to the establishment or modification of HUD funding programs to public agencies which are to meet community needs; and WHEREAS, the City Council conducted a duly noticed public hearing on February 14, 2022 to consider applications for CDBG and HOME Funds for FY 2022- 2023, has considered the information given at the public hearing and during the staff presentation, and determines that the recommended allocations represent the community needs in Lathrop; and
WHEREAS, the recipients of CDBG funding are required to enter into an agreement with the City to ensure that funds are spent in accordance with HUD regulations.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lathrop, does hereby recommend the following public service agencies and allocated amounts for funding in the Fiscal Year 2022/ 2023 for the CDBG program:
Public Service Or anizations Allocations
San Joa uin Fair Housin 1, 250. 00
Give Ever Child a Chance GECAC 5, 192. 80
Emer enc Food Bank of Stockton/ San Joa uin 1 500. 00
SJC De t. of A in Meals on Wheel 1, 000. 00
Lathro Activit Assistance Pro ram 5, 000. 00
Total Allocation ( 15% of $ 92, 952) 13, 942. 80
BE IT FURTHER RESOLVED that the City does hereby recommend allocating 79, 009. 20 of the Public/ Capital Facility funds to the City of Lathrop, City Hall' s ADA Accessibility Improvement projects CIP GG 22- 04; and
BE IT FURTHER RESOLVED that the City does hereby recommend allocating the $ 30, 506. 00 HOME Program funds to the Lathrop Housing Rehabilitation Loan Program.
Resolution No. 22-
260
PASSED AND ADOPTED this 14th day of February 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
SONNY DHALIWAL, MAYOR
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney Resolution No. 22-
261
ATTACHMENT B
FY 2022/ 2023- CDBG/ HOME GRANT APPLICATIONS
SCORING AND RANKING COMMITTEE RECOMMENDATIONS
A. PUBLIC FACILITY APPLICATIONS FUNDING
AVAILABLE FUNDING 79, 009. 20
APPLICANT PROGRAM REQUEST RECOMMENDATION
1. City of Lathrop( PW) ADA Improvements 129, 250. 00 79. 009. 20
2. Chest of Hope New Shelter/ Office/ Services $ 116, 275. 00 Disqualified* B. PUBLIC SERVICE APPLICATIONS FUNDING
AVAILABLE FUNDING 13, 942. 80
APPLICANT PROGRAM REQUEST RECOMMENDATION
1. City of Lathrop( PRD) Activity Assistance Program 5, 000. 00 5, 000. 00 Multi- City Agencies
2. Emergency Food Bank of Mobile Farmers Market 1, 500. 00 1, 500. 00 Stockton/ San Joaquin
3. San loaquin Fair Housingl HUD Mandated Services 1, 250. 00 1, 250. 00
4. SJC Dept. of Aging Meals on Wheels 1, 000. 00 1, 000. 00
5. GECAC After School Program 5, 500. 00 5, 192. 80
TOTAL FUNDING REQUEST $ 14, 250. 00 13, 942. 80
C. HOME FUNDS
AVAILABLE FUNDING 30, 506. 00
PROGRAM BALANCE RECOMMENDATION
GAP PROGRAM— DOWNPAYMENT ASSISTANCE 0. 00 0. 00
HOUSING REHABILITATION PROGRAM 119, 367. 00 30, 506. 00 Project not shovel ready.
NOTES:
A) Public Facility Grant funding is the total CDBG allocation less 15% for Public Services. CDBG Allocation for FY 2022/ 2023 based on FY 2021/ 2022 final allocation numbers of$ 92, 952. 00.
B) Public Service Applications submitted directly to the City, if awarded, must be allocate a minimum award of 5, 000. 00. Multi- County agencies who have applied through the County may be awarded less than the 5, 000 minimum and recommendations are up to the discretion of the Committee with Council have the final say on recommended amounts.
C) HOME funds have been awarded toward the Housing Rehabilitation Program since 2018. There is a total of 119, 367 remaining in Lathrop' s program. In Lathrop, one( 1) rehab client was provided assistance and one 1) is on the waiting list. Note that the County has funded these awards and not yet used Lathrop' s allocation.
GAP Program— Downpayment Assistance is rarely used in the County due to the high price of homes and households not able to meet the income qualification to purchase a home. 1 HUD mandated program, which requires each jurisdiction to provide their proportionate share of the anticipated expenditures by San Joaquin Fair Housing for the fiscal year. 262
ITEM 5. 3
CITY MANAGER' S REPORT
FEBRUARY 14, 2022 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE THE SELECTION PROCESS AND THE
ISSUANCE OF A REQUEST FOR PROPOSALS, REVISED
MERIT BASED SELECTION CRITERIA, AND APPEAL
PROCEDURES FOR A COMMERCIAL CANNABIS
DISPENSARY IN THE CITY OF LATHROP
RECOMMENDATION: Council to Consider Approval of a Resolution Approving a Cannabis Dispensary Selection Process,
a Resolution to Adopt Revised Merit- Based Selection
Criteria, and a Resolution Adopting an Appeal
Procedure and Applicable Rules for Commercial
Cannabis Activities in the City of Lathrop
SUMMARY:
The proposed Cannabis Dispensary Application process establishes the framework for the submission and review of responses to a City issued Request for Proposals RFP"). With this approval, the RFP will be issued inviting applicants to submit proposals. Staff will then prepare a summary of each response and all responses will be provided to City Council, who will be provided the opportunity select a commercial cannabis business to proceed with final steps necessary to operate a cannabis dispensary pursuant to Lathrop Municipal Code ( LMC") Chapter 5. 26.
The proposed revised Merit Based Selection Criteria (' Selection Criteria") will be used to allow Council to objectively review all proposals and select an applicant to move forward with the formal application for the operation of a cannabis dispensary within the City.
In anticipation of any potential appeals by applicants who are not selected by Council, staff recommends Council adopt the proposed Commercial Cannabis Appeal Procedure to outline the rights and responsibilities of both the City and any appellant.
BACKGROUND:
On November 8, 2021, Council introduced an Ordinance to amend the LMC to establish cannabis business regulations and approved a merit- based selection criteria for scoring commercial cannabis applications pursuant to Resolution No. 21- 4983.
On December 13, 2021, Ordinance No. 21- 428 was passed and adopted, thereby amending the LMC to allow regulation of commercial cannabis business operations within the City. Pursuant to Council approvals on December 13, 2021, staff and outside Counsel prepared the attached proposed RFP, selection process, revised criteria, and appeal procedures for Council consideration. 263
CITY MANAGERS REPORT PAGE 2
FEBRUARY 14, 2022 CITY COUNCIL REGULAR MEETING
PROPOSED RFP APPLICATION PROCESS, REVISED SELECTION CRITERIA,
APPEAL PROCEDURES FOR COMMERCIAL CANNABIS
ANALYSIS:
Cannabis Dispensary A plication Process- RFP
The selection process starts with all interested applicants submitting a response to an RFP issued by the City ( the " RFP Response"). Applicants do not need to have secured ownership or physical control over a location to submit an RFP Response, but must include a proposed location, site plan, and floor plan in the RFP Response. City staff will review each RFP response and provide a summary of each proposal as well as each proposal in its entirety to Council for its evaluation at a future public meeting.
Revised Merit Based Selection Criteria
The Selection Criteria, as approved by Resolution on November 8, 2021, included five questions relating to full- time local residency and prior business ownership within San Joaquin County as selection criteria requirements. Recent court cases have held that such criteria should not be used in the selection process. Therefore, Council is provided this opportunity to remove full- time residency, prior business ownership within San ) oaquin County criteria by approving the revised criteria.
Commercial Cannabis A. peal Procedures
City appeal procedures can provide any disgruntled applicants an opportunity for an independent hearing officer to evaluate any appeal of the City' s selection process.
The purpose and intent of the establishment of this appeal procedure is to afford due process of law to any person who is directly affected by an administrative action of the City under LMC Chapter 5. 26. This establishes the regulations governing appeals of the decisions of the City surrounding the commercial cannabis application process and award of a permit to operate a commercial cannabis business.
RECOMMENDATION:
Staff recommends that the City Council consider all information provided and, if determined to be appropriate, adopt the Resolutions provided.
FISCAL IMPACT:
There is no fiscal impact to the City of Lathrop, only staff time to prepare the report.
ATTACH M ENTS:
A. A Resolution of the City Council of the City of Lathrop Approving Criteria for Award of a Commercial Cannabis Business Permit and Authorizing Issuance of a Request For Proposals Seeking Applications for Same.
B. A Resolution of the City Council of the City of Lathrop Adopting Procedures for Appeals of Decisions Under Chapter 5. 26 of the Lathrop Municipal Code 264
CITY MANAGERS REPORT PAGE 3
FEBRUARY 14, 2022 CITY COUNCIL REGULAR MEETING
PROPOSED RFP APPLICATION PROCESS, REVISED SELECTION CRITERIA,
APPEAL PROCEDURES FOR COMMERCIAL CANNABIS
APPROVALS:
Z, --`' - Z O Z.Z
Salvador Navarrete Date
City Attorney
a• ZZ
Ste n J. Salvatore Date
City Manager
265
Attachment A
RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP
APPROVING REVISED CRITERIA FOR AWARD OF A COMMERCIAL
CANNABIS BUSINESS PERMIT AND AUTHORIZING ISSUANCE OF A
REQUEST FOR PROPOSALS SEEKING APPLICATIONS FOR SAME
WHEREAS, the City Council of the City of Lathrop approved Ordinance No. 21- 428, establishing requirements for operation of commercial cannabis businesses within the City of Lathrop ( the City"); and
WHEREAS, Ordinance No. 21- 428 sets forth a selection process for Commercial Cannabis for issuance of commercial cannabis business permits; and WHEREAS, the City Council approved Resolution No. 21- 4983 adopting the Merit Based Selection Criteria for Cannabis; and
WHEREAS, City staff has proposed a Request for Proposals establishing a merit- based approach to awarding a commercial cannabis business permit to operate a dispensary within the City; and
WHEREAS, City staff proposed amendments to the Merit Based Selection Criteria for Cannabis approved by Resolution No. 21- 4983.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LATHROP DOES HEREBY RESOLVE AND APPROVES AS FOLLOWS:
1. RECITALS. The recitals set forth above are true and correct and incorporated herein by this reference.
2. REQUEST FOR PROPOSALS. The City Manager or his designee is hereby authorized to issue the Request for Proposals for award of a commercial cannabis business permit, attached hereto as Exhibit " A" and incorporated herein by this reference.
3. MERIT- BASED SELECTION CRITERIA FOR CANNABIS. The Criteria Matrix included as Attachment B" to Exhibit A" hereto is hereby approved and specifically supersedes the Merit Based Selection Criteria for Cannabis previously approved by Resolution No. 21- 4983.
4. SEVERABILITY CLAUSE. Should any section, clause, or provision of this Resolution be found invalid by a court of competent jurisdiction, that finding shall not affect the validity of the Resolution as a whole, or parts thereof, other than the part declared to be invalid.
5. CERTIFICATION. The City Clerk shall certify to the passage and adoption of this Resolution and shall give notice of it if and as required by law. 1 266
6. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED by the City Council of the City of Lathrop this 14th day of February, 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 2 267
Exhibit A
CANNABIS DISPENSARY APPLICATION PROCESS
The City will utilize a merit- based approach to determining which applicant will receive a commercial cannabis business permit to operate a dispensary under Lathrop Municipal Code Chapter 5. 26. The information contained in this Request for Proposals includes the minimum requirements necessary to administer Chapter 5. 26 of the Lathrop Municipal Code.
The selection process starts with all interested applicants submitting a response to the RFP to the City( the" RFP Response"). Applicants do not need to have secured ownership or physical control over a location to submit an RFP Response, but must include a proposed location, site plan, and floor plan in the RFP Response. City staff will review each RFP Response and provide comment to the City Council as to whether each meets the requirements of Lathrop Municipal Code Chapter
5. 26 and this Request for Proposals.
City staff will submit all RFP Responses to the City Council. The City Council, in its sole discretion, may invite some or all applicants to attend interviews to be conducted as part ofpublic meetings of the City Council. Following review and interviews, if held, the City Council may select a top-ranked RFP Response to be awarded a commercial cannabis business permit to operate a dispensary. The City Council may, in its sole discretion, reject all applications. The successful applicant must comply with all other requirements in Lathrop Municipal Code Chapter 5. 26 and State law before operating a commercial cannabis business and, therefore, preliminary award of a license by the City Council creates no rights to operate a cannabis dispensary, the applicant selected must comply with all other requirements ofthat Chapter and obtain the other approvals it requires.
Unsuccessful applicants will be timely notified ofthe City Council' s decision and may appeal the City Council' s decision pursuant to appeal procedures established by the City in the time those rules permit.
PROPOSAL REQUIREMENTS
Documents Required in Response to Request for Proposals:
Applicants shall submit the following information in their responses to the Request for Proposals:
Required Submittal Item # 1: Completed Applicant/ Owner Information Form, attached as Attachment" A" hereto.
Required Submittal Item# 2: Cover Letter
Required Submittal Item # 3: Applicant' s Business Plan. Sections of the Business Plan shall include:
o Section 1: Qualifications ofApplicant/Owners, addressing:
Experience: Owners' experience in owning, managing and operating the commercial cannabis businesses.
1 268
Cannabis Industry Knowledge: Knowledge of the cannabis industry, including identification of how industry best practices and state regulations have been incorporated in any existing or earlier legal business outside the City of Lathrop.
Ownership Team: Involvement of the owners in on- site day- to- day operation.
Compliance with Lathrop Municipal Code: Understanding and ability to comply with operational standards in the Lathrop Municipal Code including, but not limited to, Lathrop Municipal Code sections
5. 26. 090 and 5. 26. 100.
Satisfaction of the Criteria for Award of a Cannabis License adopted by City Council Resolution No. 21- 4983 and amended by Resolution No. 22-
o Section 2: Business Plan, addressing:
Standard Operating Procedures ( SOP): Proposed operating procedures for all aspects of the proposed business, including incorporation of industry best practices. Applicant should show specific examples of where practices referenced have worked before.
Financial Plan: Financial plan and/ or budget to start and to operate the business ( e. g., business pro forma, cash flow, accounting procedures, etc.). Proposals should provide clear and complete details about the financial position, plan & operating procedures of business.
Funding/ Proof of Capitalization: Demonstration of access to adequate capital and/ or on- going line of credit to operate the business.
Records Software: Standard operating procedures for electronic tracking and storage of required records of sales, delivery manifests, and inventory.
Track- and- Trace: Standard operating procedures for track-and-trace, include detailed California Cannabis Track- and-Trace ( CCTT) procedures as outlined by the State.
State Testing Requirements: Standard operating procedures for ensuring all cannabis products on the premises or held by Applicant have met the testing requirements as defined by the State.
Employee Training: Proposed employee training including, for example, training on differences in products, potency of products, customer service, and/or laws governing" adult use" vs medical use.
2 269
Customer Education: Plan for educating customers regarding cannabis products, including the potency and effects of products, and variety of cannabis products offered for sale.
Marketing: Key aspects of Applicant' s marketing strategy that would be generated and incorporated into Applicant' s marketing plan. The proposed marketing strategy should describe compliance with local regulation related to advertising( i.e., local sign regulations).
Product Procurement: Procurement plan, including due diligence performed before executing purchase contracts and quality control of incoming products.
Emergency Contact: Applicant must designate and provide contact information for an Emergency Contact who is be an on- site employee or owner to whom emergency notice can be provided 24 hours per day. o Section 3: Community Benefit, addressing:
Council Goals: How the business will further the City Council' s goals to support and promote the quality of life, enhance the local community, and help sustain the local economy through a community engagement plan that demonstrates an understanding of the community, its values and unique aspects, and how the business will integrate into the community.
Job Creation: How the business plans to create well- paying, high- quality jobs with benefits via a share in ownership, management or other employment opportunities.
Community Assistance: How the business plans to assist organizations in our community that provide help to those persons most harmed by cannabis criminalization and poverty.
Non- Profit Support: How the business plans to work with local non- profits and other community groups. Non- profits or groups located in or serving Lathrop are preferred.
Business Support: How the business plans to partner with existing Lathrop businesses( e. g., procurement of goods and services from local businesses).
Youth Education: How the business plans to educate the youth in the community about the dangers of substance abuse. Such planned outreach may include to local schools and youth groups.
Community Relations Contact: Applicant shall designate and provide contact information for a Community Relations Contact who shall be the person notified of problems associated with the commercial cannabis business. If selected, Applicant will be required to provide the designated 3 270
Community Relations Contact' s contact information to all property owners located within 100 feet of the commercial cannabis business. o Section 4: Neighborhood Compatibility& Enhancement, addressing:
Exterior Design Concept: A contextual exterior design which reflects the best of the City' s architecture, the use of quality materials and the level of investment that can be expected for the architecture, landscaping, signage, lighting, entry experience, parking, etc.
Site Plan & Floor Plan: Applicant shall provide a site plan and floor plan for the proposed commercial cannabis business. The Site Plan and Floor Plan shall include: ( 1) physical boundaries of the site including, but not entrances and exits; ( 2) location of all cannabis- related activities; and 3) any space on the property shared with non- cannabis- related businesses.
Integration of Security Measures: Applicant' s plan to integrate security enhancements into the physical design concept, so as not to be overly noticeable by customers or the public. Applicants should provide details about physical and technological security components as well as crime prevention efforts through environmental and site planning.
Air Quality/ Odor Control: Description of proposed ventilation and air purification system, including demonstrated effectiveness and any nuisance mitigation.
o Section 5: Security Plan, addressing:
Security Experience: Experience of individual/ firm designing the security plan. Individual/ firm should be identified, and experience described. If relevant, the RFP Response should include information on the quality of delivery driver security, safety procedures, and vehicle security, including driver education related to potential hazards and response thereto.
Designated Security Contact: Applicant must designate a Security Representative/ City Liaison who shall be reasonably available to meet with the City Manager or his/ her designee at any time regarding any security related measures or operational issues.
Background Checks: Applicant should describe whether it intends to use background checks in the employee hiring process. Provide detail about level of checks and use of the information obtained.
Employee Safety Education: Employee safety education plan, including training regarding product handling, burglary protocols, robbery protocols, and other potential hazards of the commercial cannabis business. 4 271
Employee Theft Reduction Measures: Employee theft reduction measures, including audits and check in/out.
Cash Management Plan: Cash management plan, including cash counting/ reconciliation procedures, cash storage, cash transport, deposit into a banking institution( if any), and employee training.
Product Access Protocols: Business plan details product access protocols.
Product access protocols must include, but are not limited to, a separate check- in area where identification is checked to ensure that only qualified employees gain access to where cannabis products are stored.
Product Deliveries: Plan for securing product deliveries to the business i.e., from delivery vehicles to building).
Security Guards: Anticipated security guard plan for the business, including number of guards, hours, protocols, and day-to-day procedures/ operations.
Video Camera 5urveillance: Security plan includes video camera surveillance. Additionally, overall quality of Applicant' s plan to use cameras, including number of cameras, locations, resolution, and how long footage is saved and how access is granted by investigative/ regulatory agencies.
o Section 6: Hazardous Materials Management Plan.
A Hazardous Materials Management Plan, in compliance with all federal, state and local requirements for management of hazardous materials, is necessary only to the extent that Applicant intends to use any hazardous materials in its operations. " Hazardous materials" includes any hazardous substance regulated by any federal state or local laws or regulations intended to protect human health or the environment from exposure to such substances
Required Submittal Item # 4: Completed Criterion Matrix, attached as Attachment " B" hereto.
Further Information Regarding Required Items:
Applicant/ Owner Information Forms — Each RFP Response shall complete the Applicant/ Owner Information Forms ( Required Submittal Item # 1). This form includes basic information on Applicant, owners, and non- owners with a financial interest in the business. The information requested is similar to that requested by the State. The City Council may disqualify any Application that includes an owner who checks " YES" on one or more of the boxes included in Section C: Declarations.
5 272
Cover Letter — The Cover Letter ( Required Submittal Item # 2) shall be a concise overview of Applicant' s RFP Response, including the proposed business concept. The Cover Letter may not exceed three pages.
Detail of Applicant' s Business Plan — This section is the main portion of the RFP Response Required Submittal Item# 3). Applicant shall provide as much detail as possible to clearly describe the day-to- day operations of the proposed commercial cannabis business. Applicants shall label each ofthe sections noted above.
Required Format and Submittal Guidelines for RFP Response:
Length— RFP Responses shall be no longer than 100 pages for each permit type. The page total does not include the applicant/ owner information forms or the cover letter ( cover letter cannot exceed three pages). Double- sided pages count as two pages. Please avoid duplicating information.
All pages shall be numbered.
Font and Page Size— 11- point font minimum shall be used in the narrative portions of the RFP Response. All pages shall be 8. 5 x 11.
Submittal Deadline— RFP Responses may be submitted to the City no later than 6: OOpm( Pacific Time) on March 16, 2022. RFP Responses received after the established due date will be considered a" late RFP Response", will not be accepted and will not be considered. No additional weight will be given to RFP Responses submitted earlier than other RFP Responses. The City assumes no responsibility for any delays caused by delivery service. Postmarking by the due date will not substitute for actual timely delivery.
Document Submittal— All RFP Responses shall be submitted before the Submittal Deadline. Ten 10) hard copies of the RFP Response and one electronic PDF version of the proposal on a flash drive shall be provided in a sealed envelope or box with Applicant' s return address, and addressed to the following:
City of Lathrop
City Attorney' s Office
390 Towne Centre Drive
Lathrop, CA 95330
Applications must be complete when submitted; there will be no later opportunity to supply missing and/ or supplemental information after the Submittal Deadline.
Other Key Information:
Background Check— A background check ofApplicant whose RFP is selected will be required.
Applicant, owners, and non- owners with a financial interest in a commercial cannabis business will also be required to complete the background check. 6 273
Permits Not Transferable — The assignment of, or attempt to assign, any commercial cannabis business permit is unlawful and any such assignment or attempt to assign a permit shall render the permit null and void.
Public Records Requests and Proprietary Data— All RFP Responses will become the property of the City when received. Information contained in the RFP Responses may be subject to disclosure under the California Public Records Act. Any sections or pages of the RFP Response Applicant considers proprietary should be clearly marked as such, although such marking is not determinative of whether it is proprietary under state law. The City reserves the right to disclose and/or withhold any information contained therein in accordance with the law.
Ownership Stake in Multiple Applications— Individuals may not be party to or listed as Owners in more than one RFP Response. The definition of Owner is provided on the Applicant/ Owner Information Form and is consistent with the State definition of" Owner." Original Ordinance — Ordinance No. 21- 428 can be found following the text of this document and as codified in the Lathrop Municipal Code under Chapter 5. 26. A copy of this Ordinance may also be obtained by submitting a Public Records Act request with the City Attorney' s Office at 209) 941- 7235.
Disclosure Regarding Changes to Published Information— While the City does not anticipate any changes to the published information, the City reserves the right to update the information as necessary to resolve any unanticipated issues that may arise before or during the screening period.
Any updated information will be made by written addendum and posted on the City' s website. The failure of an applicant to read any addenda shall have no effect on the validity of such update or modification.
Limitations on City Liability:
To the fullest extent permitted by law, the City of Lathrop shall not assume any liability whatsoever with respect to having issued a commercial cannabis business permit pursuant to this chapter or otherwise approving the operation of any commercial cannabis business. As a condition to the approval of any commercial cannabis business permit, Applicant shall, and hereby does agree to:
1. Indemnify, defend( at applicant' s sole cost and expense), and hold the City of Lathrop, and its officers, officials, employees, representatives, attorneys and agents, harmless, from any and all claims, losses, damages, injuries, or liabilities which arise out of, or which are in any way related to, the City' s issuance of the commercial cannabis business permit, the City' s decision to approve the operation of the commercial cannabis business or activity, the City' s decision- making process, or the alleged violation of any federal, state or local laws by the commercial cannabis business or any of its officers, employees or agents.
2. Maintain insurance at coverage limits, and with conditions thereon determined necessary and appropriate from time to time by the City Manager or his or her designee, to provide coverage for the obligations required by the Lathrop Municipal Code, and provide evidence of coverage upon request.
7 274
3. Reimburse the City of Lathrop for all costs and expenses, including, but not limited to, legal fees and costs, which the City may incur as a result of any legal challenge related to the City' s action on Applicant' s commercial cannabis business permit, or related to the City' s action on a commercial cannabis activity. The City of Lathrop may, at its sole discretion, participate at its own expense in the defense of any such action, but such participation shall not relieve an Applicant of any ofthe obligations imposed hereunder.
Applicant Signature:
I, as Applicant for a commercial cannabis business permit, certify under penalty ofperjury that the information contained in this application package is true and correct to the best ofmy knowledge.
I acknowledge my obligation to abide by and conform to the conditions of all permits issued by the City of Lathrop related to the proposed commercial cannabis business and all provisions ofthe Lathrop Municipal Code pertaining to establishment and operation ofthe commercial cannabis use including, but not limited to, the provisions of Lathrop Municipal Code Chapter 5. 26. I further acknowledge approval of a commercial cannabis business permit shall, in no way, permit activity contrary to the Lathrop Municipal Code or any activity in violation of applicable laws.
Applicant/ Agent Signature
Printed Name and Title: Date
8 275
ATTACHMENT " A"- APPLICANT/ OWNER INFORMATION FORM
9 276
Applicantl0wner Infarmation Form
Comt lerciaf Cannabis Screenir g Applicatiot
Porfions of the inforraaafioa disclosed rn ft is ap ticafion r's publrc ii tomaafion aursuani to fi P Califo r ra Pi bfic Recortls Act.
INSTRUCTIONS: Complete the pertinent sections for each owner, applicant, entity owner and non- owner with financial interest in the business.
A separate form is required for each individual.
Type: Entity Owner( Complete Sections A and E)
Owner( Complete Sections B, C, D and E)
Applicant( Complete Sections B, C, D and E)
Non- owner with financial interest( Complete Sections B and E) t 1 -' •
An entity is anything other than an individual. If an entity is an owner of the commercial cannabis business, as defined in 16 CCR§ 5023, you will need to complete the following information. Attach additional pages if needed.
Name of Entity: Phone Number:
Ownership°/ a: Organizational Structure: Email:
Authorized Agent: Title:
List entity members below( attach additional sheets if necessary):
Name: Title:
Name: Title:
Name: Title:
Name: Title:
Name: Title:
Name: Title:
Name: Title:
Name: Title:
Name: Title:
Name: Title:
1 R • R ' ' 1
Pursuant to 16 CCR§ 5023, an owner is defined as a person with an aggregate ownership interest of 20% or more, chief executive officer, member of the board of directors of a nonprofit, or an individual participating in the direction, control, or management of the applicant. All business owners must be listed, including the applicant.
Full Name: Date of birth:
Last First M. 1.
Mailing
Address:
Street Address ApartmenNUnit#
City State ZIP Code
Phone: Email:
Ownership% Title:
Social Security No. Current Employer:
277
e ' ' •
1. Do you have an ownership or financial interest( as defined in Title 16 CCR 5003 and 5004) in a licensed cannabis business? YES NO If" yes", complete section C- 1.
2. Have you ever been denied a permit or state license to engage in commercial cannabis activity, or had a permit or state YES NO license to engage in commercial cannabis activity suspended and not reinstated, or revoked, by any city, county, city and county, or any other state cannabis licensing authority? If" yes", complete section C- 2.
YES NO
3. Have you ever been convicted of a crime? If" yes", complete section C- 3. ( HSC BPC§ 26057)
4. Have you ever failed to pay federal, state, or local taxes and/ or fees when notified by the appropriate agencies? YES NO Use additional sheets if necessary.
Agency: License No. Date Issued:
Description of
business:
Agency: License No. Date Issued:
Description of
business:
Agency: License No. Date Issued:
Description of
business:
r• :
Use additional sheets if necessary.
License License Suspension or
Authority: Type Revocation Date:
Details:
License License Suspension or
Authority: Type Revocation Date:
Details:
License License Suspension or
Authority: Type Revocation Date:
Details:
278
Use additional sheets if necessary.
Date of Code Felony or
Conviction: Section: Misdemeanor?
Date of Date of
incarceration: Probation Date of Parole:
Details:
Date of Code Felony or
Conviction: Section: Misdemeanor?
Date of Date of
incarceration: Probation: Date of Parole:
Details:
Date of Code Felony or
Conviction: Section: Misdemeanor?
Date of Date of
incarceration: Probation Date of Parole:
Details:
i - ••
Copy of a currently valid government- issued identification 1 •
Under penalty of perjury, I hereby declare that the information contained within and submitted with the application is complete, true and accurate. l understand that misrepresentation of fact is cause for rejection of this screening application, denial of a license, or revocation of a license issued.
Signature: Date:
Printed Name:
279
ATTACHMENT " B"— CRITERION MATRIX
Meets Criteria
Description of Criteria
Yes No
Section 1: Prioritize Medicinal Cannabis Access
a) RFP Response includes combined medicinal/ adult use dis ensary b) RFP Response includes Delivery Services
Section 2: Geographical Preference/ Neighborhood Relations a) Proposed location is within 1, 200 feet of local transportation b) RFP Response includes a process and schedule for at least two ublic outreach meetings er ear that meet City re uirements c) Business plan includes a schedule for communication and receiving feedback from all entities within 300 feet of the business at least two times er year
d) RFP Response includes appointment of an employee as a designated liaison to the neighborhood
Section 3: Facility Plan
a) Business is and/ or was associated with a non- cannabis- related business in the City of Lathro
b) RFP Response includes daily site inspection to ensure maintenance of the interior and exterior of the facility( i.e., free of trash, graffiti, etc.)
c) Commercial cannabis business will be open more than five days a week and at least six hours per day
d) Location is within an existing building or facility with ability to be open for business within six months of approval by the City Section 4: Standards and Procedures for the Safe Operation of Facilities a) RFP Response includes documented employee safety training program
b) RFP Response includes documented employee cannabis
educational trainin ro am
c) Business Plan includes enhanced security measure, with at least three ofthe following: panic buttons, dye packets, bulletproof window film (with break strength of 400 lbs. per inch or better), a UL-approved safe with a fire rating that is 2- hour 1, 700 degrees F or better with a complex locking device; motion sensing lighting; or other enhanced security measure acce table to the City d) RFP Res onse includes climate- controlled environment 10 280
Meets Criteria
Description of Criteria
Yes No
e) RFP Response includes a comprehensive documented process for 24-hour minimum response time to cannabis product recall notifications
RFP Response includes plan for disposal of all solid waste based on best ractices of the State
g) RFP Response includes more than one on- site security guard during business hours
h) RFP Response includes plans and procedures on how all cannabis products on the premises or held by the Applicant meet the testing requirements as defined by the State
i) RFP Response includes a separate lobby where identification is checked to ensure that only qualified individuals gain access to se arate, locked areas where cannabis products are dis la ed j) RFP Response includes electronic storage of required records of sales, delivery manifests, patient information( ifinedicinal and required by State), inventory, etc., which can be provided to City ersonnel upon request
k) RFP Response includes participation in web-based public safety application or equivalent that provides law enforcement with confirmation of local and state licenses
1) RFP Response includes proposed " green" business practices related to energy and climate, water conservation, and materials/ waste storage
m) RFP Response includes secured loading/unloading area for deliveries
Section 5: Prior Experience in Business Ownership and Management a) Combined prior experience of proposed owners includes more than three years of verified successful management of any non- cannabis legal retail facility
b) Owners are listed on State approved commercial cannabis licenses. c) Combined prior experience of proposed owners is more than three years with a commercial cannabis business in compliance with Califon ia law, with proof of timely payinent of taxes
Section 6: Qualifications of Principals/ Business Plan
a) At least one proposed owner is a military veteran with an honorable discharge
b) Does the business qualify as a Disadvantaged Business Enterprise DBE) as defined b the U. S. De artment of Trans ortation? c) Does the business have documented proof of access to at least 150, 000 in capital ( or enough capital to pay all startup costs plus at least three months of operating costs?
11 281
Meets Criteria
Description of Criteria
Yes No
d) Does the Business Plan contain a valid pro forina for at least three years of operation
e) Does the proposed commercial cannabis business have
documented agreements with cannabis distributors to supply products to their business?
Section 7: Employee and Public Relations
a) The proposed coinmercial cannabis business will promote local hiring or provide incentives for City residents to work for the business
b) The proposed commercial cannabis business provides employee health benefits for all full- time em lo ees
c) The proposed commercial cannabis business will employ more than five people full-time, not counting the owners or security personnel
d) RFP Response includes an ongoing public information program to inform City residents of cannabis issues and proper/ safe/ legal use of cannabis products
Section 8: Community Benefits
a) RFP Response includes offer to deposit funds to cover the costs of application and entitlement rocessing
b) RFP Response includes offer to provide a percentage of annual gross receipts as a community benefit to be allocated by the Cit c) RFP Response includes benefits to the community, such as monetary contributions to local community organizations, or volunteer work for local community organizations, or any other ro osed communit benefit deemed acce table to the Cit
The Criterion Matrix is intended solely to provide additional information to the City Council and does not reflect minimum criteria for RFP Responses ** 12 282
ORDINANCE NO. 21- 428
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LATHROP AMENDING TITLE 5, BUSINESS LICENSES AND REGULATIONS, CHAPTER
5. 04, BUSINE55 LICENSES GENERALLY, CHAPTER 5. 26, PROHIBITION AGAINST COMMERCIAL CANNABIS, AND TITLE 17, ZONING, CHAPTER
17. 18, PROHIBITED CANNABIS ACTIVITIES ( TA- 21- 116)
WHEREAS, the City of Lathrop Planning Commission held a duly noticed public hearing at a special meeting on September 1, 2021, at which they adopted PC Resolution No. 21- 23 recommending City Council adopt Municipal Code Text Amendment No. TA- 21- 116 pursuant to the Lathrop Municipal Code; and WHEREAS, California Health and Safety Code section 11362. 5, the Compassionate Use Act of 1996 (" CUA"), adopted by the voters in the State of California, authorizes a limited defense to criminal charges for the use, possession or cultivation of marijuana for medical purposes when a qualified patient has a doctor' s recommendation for the use of marijuana; and
WHEREAS, Health and Safety Code section 11362. 7 et. seq., The Medicinal Marijuana Program Act (" MMPA"), was adopted by the state legislature and offers some clarification on the scope of the CUA, and section 11362. 83, and specifically authorizes cities and other governing bodies to adopt and enforce regulations related to medical marijuana; and
WHEREAS, the Medical Marijuana Regulation and Safety Act ( MCRSA" Business and Professions Code section 19300 et. seq.)) was adopted by the Legislature in 2015, and regulates the commercial activity of inedical marijuana and assigns certain state agencies with regulatory tasks regarding commercial medical marijuana, including product labeling and environmental regulation; and WHEREAS, the Control, regulate and Tax Use of Marijuana Act (" AUMA" or Proposition 64") to legalize the recreational use of marijuana in California for individuals twenty- one ( 21) years of age and older was approved by the voters and became effective November 9, 2016; and
WHEREAS, the California Legislature passed Senate Bill 94 in June 2017, which was signed by the Governor and went into effect immediately, and which repealed MCRSA entirely and merged certain portions of that law with AUMA to create a more comprehensive regulatory structure for both medical and recreational marijuana; and
WHEREAS, the new comprehensive regulatory system created by Senate Bill 94, intended to regulate all commercial cannabis uses, is called the Medicinal and Adult- Use Cannabis Regulation and Safety Act ( MAUCRSA"); and Ordinance No. 21- 428
283
WHEREAS, the CUA, MMPA, and MAUCRSA do not prevent the city from using its constitutional authority to enact nuisance, health and safety, and land use regulations regarding cannabis cultivation, dispensaries or other commercial cannabis uses; and
WHEREAS, the City Council desires to regulate commercial cannabis businesses operating in the City of Lathrop in a manner that mitigates potential negative impacts, prevents cannabis from reaching minors or the illicit market, preserves public health and safety, protects the environment, drives diverse economic opportunities, and implements the City' s General Plan; and WHEREAS, the proposed text amendment is exempt according to the California Environmental Quality Act ( CEQA) Article 5 § 15061 by the Common Sense Exemption" that CEQA applies only to projects that have a potential for causing a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment and Business and Professions Code Section 26055( h), in that the commercial cannabis regulations ordinance allows for requiring discretionary review and adequate environmental compliance for each application; and
WHEREAS, proper notice of this public hearing was given in all respects as required by law; and
WHEREAS, the City Council has reviewed all written evidence and oral testimony presented to date.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lathrop based on substantial evidence in the administrative record of proceedings and pursuant to its independent review and consideration, does hereby approve Municipal Code Amendment as shown Attachments " 3", " 4", and " 5", incorporated by reference herein.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LATHROP DOES IiEREBY ORDAIN AS FOLLOWS:
Section 1. The Lathrop Municipal Code is hereby amended as shown in Attachments " 3", " 4", and " 5", 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.
Ordinance No. 21- 428
284
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 No. 21- 428
285
THIS ORDINANCE was regularly introduced at a meeting of the City Council of the City of Lathrop on the 8t'' day of November 2021, and was PASSED AND ADOPTED at a regular meeting of the City Council of the City of Lathrop on the 13« day of December 2021, by the following vote:
AYES: Diallo, Torres- O' Callaghan, and Dhaliwal
NOES: Akinjo and Lazard
ABSENT: None
ABSTAIN: None
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
T resa Vargas, City rk Salvador Navarrete, City Attorney Ordinance No. 21- 428
286
STATE OF CALIFORNIA
COUNTY OF SAN JOAQUIN ss.
CITY OF LATHROP
I, Teresa Vargas, City Clerk of the City of Lathrop, California, do hereby certify that the foregoing Ordinance No. 21- 428 was duly and regularly introduced at a regular meeting of the City Council on the 8th day of November 2021, and that thereafter said Ordinance was duly and regularly adopted at a regular meeting of the City Council on the 13t'' day of December 2021, by the following vote, to wit:
AYES: Diallo, Torres- O' Callaghan, and Dhaliwal
NOES: Akinjo and l.azard
ABSENT: None
ABSTAIN: None
This ordinance was duly published in accordance with State Law ( G. C. 40806).
I hereby certify that the foregoing is the original of Ordinance No. 21- 428 duly and adopted by the City of Lathrop City Council at its regular meeting held December 13, 2021, and that the Summary of the Ordinance was published on December 8, 2021, and Full Reading on December 22, 2021 in the Manteca Bulletin Newspaper.
IN WITNESS WHEREOF, I have hereunto set my hand and afFixed the official seal of the City of Lathrop, California, this 22^ d
day of December 2021.
T RESA VARGAS, C
CITY CLERK
SEAL)
Ordinance No. 21- 428
287
Prohibition Against Commercial Cannabis Chapter— 5. 26 Mark-Up ATTACHMENT 3 New text is shown by underline; deleted text is shown by Chapter 5. 26 COMMERCIAL CANNABIS REGULATIONS
5. 26. 010 Purpose and intent.
3 j—}It is the purpose and intent of this chapter to implement the provisions ofthe Medicinal and Adult Use Cannabis Re ulation and Safety Act (" MAUCRSA") to accommodate the needs of and provide access to cannabis for medicinal purposes and implement the desire of California voters who approved the Adult Use of Marijuana Act(" AUMA") by Proposition 64 in November 2016, while i osing sensible re ulations on the use of land to protect the Citv' s residents, nei hborhoods and businesses from disproportionatelv negative impacts. As such, it is the purpose and intent ofthis chapter to regulate the commercial cannabis activitv in a responsible nanner to protect the health safety, and welfare of the residents of Lathrop and to enforce rules and re ulations consistent with state law. Nothin in this chapter is intended to authorize the possession use or provision of cannabis for purposes that violate state or local law. The provisions of this chapter are in addition to an o permits, licenses and approvals which mav be required to operate cannabis business in the Cit, as conditional use permit issued pursuant to Title 17 of this Code, and are in addition to any permits licenses, and approval reQuired under state, county, or other law.
26. 020 Le al Authori.
Pursuant to Sectians 5 and 7 of Article XI of the California Constitution, the provisians of MAUCRSA, and anv subsequent state le islation and/ or regulations re a g same the City af Lathrop is authorized to adopt ordinances that establish standards, requirements and regulations re arding health and safetv, and worker protections established bv the State of California or anv of its departments or divisions shall be the minimum standards applicable in the City of Lathrop to all commercial cannabis activitv.
5. 26. 0 30 Definitions.
Business" means a profession, trade, occupation gainful activity and all and any kind of calling whether or not carried on for profit.
Cannabis" means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. " Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. " Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, ar preparation of the mature stalks ( except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this division, " cannabis" does not mean" industrial hemp" as defined by Section 11018.5 of the California Health and Safety Code.
288
Prohibition Against Commercial Cannabis Chapter— 5. 26 Mark- Up ATTACHMENT 3 Cannabis business" means anv business en a ed in commercial cannabis activity. " Cannabis Business" does not include any of the followin:
1. A clinic pursuant to Chapter 1 of Division 2 of the Health and Safe Code.
2. A residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3. 01 of Division 2 of the Health and Safetv Code.
3. A residential care facilitv for the elderly licensed pursuant to Chapter 3. 2 of Division 2 of the Health and Safety Code.
4. A residential hospice or a home health a ency licensed pursuant to Chapter 8 and Chapter 8. 5 of Division 2 ofthe Health and Safety Code.
5. The cultivation, delivery, or furnishin of cannabis b qualified patient, a primary caregiver, or other person with identification card as defined bv Section 11362. 7 of Health and Safetv Code provided such activity complies strictly with all applicable state law, including but not limited to, Sections 11362. 5 and 11362. 765 of the Health and Safet Cannabis cuitivation business" means any business that, pursuant to a Type 1, TvUe lA, Tvpe 1 B, Type 1 C, Type 2, Type 2A, Type 2B, Type 3, Type 3A, Tvpe 3B, Type 4, Type 5, TvUe SA, Type 5B, or Type 12 state business license, or their successors, cultivates cannabis or cannabis products.
Cannabis deliverv" means the commercial transfer of cannabis or cannabis products to a customer. " Cannabis delivery" also includes the use bv a retailer of any technolo platfonn.
Cannabis delivery business" means any cannabis business that, pursuant to a TYpe 10 state cannabis license or its successors delivers makes available or distributes cannabis and cannabis products to a consumer.
Cannabis dispensary" means anv cannabis business where medicinal or adult- us cannabis or cannabis products are sold at retail, pursuant to a Type 10 state cannabis license, or its successors. A cannabis dispensary may include a cannabis business that provides cannabis deliveries.
Cannabis distribution business" means any business that, pursuant to Type 11 or Type 13 state cannabis license, or their successors, nrocures, sells, or transports cannabis and cannabis products between cannabis businesses.
Cannabis for personal use" means any use or possession of cannabis that does not require a license pursuant to Chapter 1 of Division 10 of the California Business and Professions Code.
Cannabis manufacturin business" means anv cannabis business that, pursuant to Type 6, Type 7, or Type 12 state cannabis license, or their successors, manufactures cannabis or cannabis products.
Cannabis product" means cannabis or a product containin cannabis, including, but not limited to, manufactured cannabis, and shall have the same meanin as in Section 11018. 1 of the California Health and Safetv Code. For purposes of this chapter, " cannabis" does not include
289
Prohibition Against Commercial Cannabis Chapter— 5. 26 Mark-Up ATTACHMENT 3 industrial hemp as defined bv Section 81000 of the California Food and Agricultural Code or Section 11018. 5 of the California Health and Safetv Code.
Gannabis testing laboratory" means a cannabis business that tests cannabis ar cannabis products pursuant to a Type 8 state cannabis license, or its successors.
City" or" City of Lathrop" means the Citv of Lathrop, a California enerai law Citv.
Citv Council" means the Citv Council of the Citv of Lathrop.
Commercial cannabis activitv" means any activity including cultivation, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, dispensaries, collectives, cooperatives and sale of cannabis or cannabis products that requires a state license.
Commercial cannabis business" or" Cannabis business" means anv business or operation which enga es in medicinal or adult- use commercial cannabis activity.
Commercial cannabis waste" means cannabis plants and plant materials that are discard d bv a cannabis business, including, but not limited to, extra ve etative plants, failed clones, and harvest waste.
Cultivation" means anv activitv involvin theplanting,
r
rowin, harvesting, drvin ,g curing,,
adin, or trimmin of cannabis.
Day care center" means any licensed child care facility other than a small or lar e day care home, including infant centers and preschools.
Department" means the Department of Cannabis Control within the Department of Consumer Affairs, fortnerly named the Bureau of Cannabis Control, the Bureau of Mariivana Control, the Bureau of Medical Cannabis Regulation, and the Bureau of Medical Marijuana Re ulation.
Juvenile" means any natural person who is under the a e of einteen e License" means a state license issued pursuant to Business and Prafessions Code Section 260Q0.
Manufachire" means to compound, blend, extract, infuse or otherwise make or prepare a cannabis product.
Medicinal cannabis" ar" medicinal cannabis product" means cannabis or a cannabis product, respectively, intended to be sold for use pursuant to the Compassionate Use Act of 1996 ( Proposition 215), found at Section 11362. 5 of the California Health and Safety Code, by a medicinal cannabis patient in California who possesses a physician' s recommendation. For the purposes of this chapter, the term " medicinal cannabis" is svnonymous with medical cannabis.
Medicinal and Adult- Use Cannabis Regulation and Safety Act( MAUCRSA)" means Senate Bi1194 contained in Division 10 of the California Business and Professions Code. ( Ord. 18- 387 § 1)
290
Prohibition Against Commercial Cannabis Chapter— 5. 26 Mark- Up ATTACHMENT 3 Microbusiness" means a commercial cannabis facilitv operatin under a state Type 12 license, or a state cannabis license type subsequently established, and meetin the definition of microbusiness Business and Professions Code section 26070( a)( 3 A), as mav be amended from time to time, which cultivates less than 10, 000 square feet of cannabis and acts as a licensed distributor, Level 1 manufacturer, and retailer.
Person" means an individual, finn, partnership, ioint venture, association, corporation, limited liabilitv company, estate, trust, business trust, receiver, syndicate, or anv other roup or combination acting as a unit and includes the plural as well as the sin ular number.
Primary caregiver" has the same meanin as that term is defined by Section 11362. 7 ofthe Health and Safety Code.
Qualified patienY' has the same meanin as that term is defined bv Section 11362.7 of the Heaith and Safetv Code.
School" means anypublic or private school providing instruction in kinder arten or grades 1- 12, inclusive, but does not include an private school where education is primaril onducted in private homes.
State" means the State of California.
State license" means a permit or license issued by the State of California, or one of its departments or divisions, under MAUCRSA and any subsequent State of California le islation re a rdin the same, to en e in commercial cannabis activit Volatile solvent" means volatile or anic compounds, includin but not limited to: ( 1) explosive gases, such as Butane, Propane, Xylene, Styrene, Gasoline, Kerosene, 02 or H2; and ( 2) dan e rous poisons, toxins, or carcinogens, such as Methanol, Methylene, Chloride, Acetone, Benzene, Toluene, and Tri- chloro- ethvlene as determined bv the Fire Marshal.
Youth center" means an public or private facility that is primarily used ta hast recreatianal ar social activities for minors, including, but not limited to, private vouth membership organizatians or clubs, social teena e club facilities, video arcades, or similar amusement park facilities. f,-.,,,;,., „ .,+ o ;,. o„ o ; ro,,,,; roa , „ ao,- AA A i T('' D C A
291
Prohibition Against Commercial Cannabis Chapter— 526 Mark- Up ATTACHMENT 3 Q , ,., o T ar
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5. 26. 040 State and local requirements.
A. Any cannabis business allowed in the citv shall obtain all of the followin:
1. Develo ment A reement;
2. Conditional Use Permit pursuant to Lathrop Municipal Code Chapter 17. 112;
3. Site Plan Review, if applicable, pursuant to Lathrop Municipal Code Chapter 17. 1 OQ;
4. Citv Business License.
B. All cannabis businesses shall maintain compliance with Title 17 of the Lathrop Municipai Code.
C. A valid city and state license must be clearly posted in a conspicuous place within the permitted premises.
292
Prohibition Against Commercial Cannabis Chapter— 5. 26 Mark-Up ATTACHMENT 3
5. 26. 050 Selection procedure.
A. The City Manager, or his or her designee( s), ma gn application forms and procedures specific to each permitted license type, including online permitting, and require inspections of proposed facilities before issuin a permit under this Cha ter. Such procedures mav include a request for proposal (RFP) process for certain license types where deemed necessary.
B. Applications shall be reviewed by City staff or qualified consultants, as desi nated by the Ci Manager for City Council consideration. Such review may include a scorin or merit based s s tem.
C. Applicants providin false or misleadin information in the selection proeess will r sult in reiection of the application and/or nullification or revocation of anv issued permit.
D. A plications shall require, at a minimum, the followingti l. All necessary information related to the business its operators, includin names, birth dates, addresses, social securitv or tax identification numbers, all relevant criminal historv, relevant work history, names of cannabis businesses owned or operated b, t pplicant within the last ten ( 10) years, investor and/ or partner information, and APN number of the parcel upon which the business will be located. Such private information will be exempt from disclosure to the public, pursuant to applicable law, to protect an individual' s privacv interests and public health and safet
2. Business Plan.
3. Securitv Plan as required under Section 5. 26. 090.
4. Site Flan.
5. Floor Plan.
6. Hazardous Materials Information. To the extent that the applicant intends to use any hazardous materials in its operations, the applicant shall provide a hazardous materials mana e ment
plan that complies with all federat, state, and local requirements for management of such substances.
Hazardous materials" includes any hazardous substance regulated bv anv federal state or local laws or regttlations intended to nrotect human health or the environment from exposure to such substances.
7. Si ned Affidavit. The property owner and applicant, if other than the propertv owner shall si n the application and shall include affidavits agreein to abide by and conform to the conditions of the permit and all provisions of the Lathrop Municipal Code pertainin t o the establishment and operation of the commercial cannabis use, includin, but not limited to the provision of this Chatater. The affidavit(s) shall acknowledge that the approval ofthe pertnit shall in no way, permit activity contrary to the Lathrop Municipal Code, or anv activitY which is in violatian af anv applicable laws.
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5. 26. 060 Development Agreement.
A. Prior to operatin in the Citv, and as a condition of issuance of an pplicable permits, includin but not limited to, a business license, the applicant seekin to operate a cannabis business shall enter into a Development A reement with the citv setting forth the terms and conditions under which the cannabis business will operate. Such Development Agreement shall be in addition to tl e requirements of this chapter as mutuallv a r e` pon that will protect and promote the public health, safety, and welfare of allpersons in the cit
B. Every Development Agreement approved bv the cit pursuant to this chapter shall be sub ect to an annual review by the City Council to determine compliance with the terms ofthe development agreement, applicable local and state laws and re ulations, this chapter, and the Lathrop Municipal Code.
5. 26. 070 Maximum number and tvpe authorized.
A. The number of each type of cannabis business that shall be permitted to operate in the cit a anv one given time shall be as follows:
1._______ Cannabis Cultivation Business ( Indoor Only)—Not permitted.
2. Cannabis Delivery Business ( stand alone)— Not Permitted.
3. Cannabis Dispensary— A maximum of one ( 1) cannabis dispensar
4. Cannabis Distribution Business— Not permitted.
5. Cannabis Manufacturing Business— Not permitted.
6. Cannabis Microbusiness— Not permitted.
7. Cannabis Testing Laboratory— Not permitted.
This section is onlv intended to create a maximum number of cannabis businesses that may operate in the city under each cate or
5. 26. 080 Location and minimum proximity requirements.
A. Cannabis business uses shall be located in compliance with Chapter 17. 1$ of the Lathrop Municipal Code.
B. No cannabis business shall be located within six hundred feet ( 600') of a school child dav care center, or youth center, as measured from the nearest property lines.
C. No cannabis business shall be located within one thousand feet( 1, 000') from the followin roadways, as measured froin the centerline of the street:
1. Snartan Wav and Lathrop Road, between the intersection of Spartan Wav/Stanford Crossing and Lathrop Road/Harlan Road.
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2. Golden Valley Parkway, between the intersection of Golden Valley Parkwav/ Spartan Wav and Golden Valley Parkwav/ River Islands Parkwa
5. 26. 090 Cannabis dispensaries
A. Cannabis dispensaries shall maintain all applicable state licenses and com lv with all of the followin:
1. The number of cannabis dispensaries permitted shall be pursuant to Section 5. 26.070 and is subject to the requireinents in Title 17 of the Lathrop Municipal Code.
2. Cannabis dispensaries shall only be allowed within fully enclosed buildin s pursuant to Section 5. 26. 100 A. The maximum buildin size occupied by a cannabis dispensary shall not exceed 5, 000 square feet.
3. Any commercial cannabis activity related to delivery shall maintain all applicable state licenses and localiv rec uired permits and licenses.
4. Tax Compliance. A cannabis dispensary shall maintain anv applicable tax certiftcates and permits, and timely remit any taxes due to the appropriate overnment entity_
5. Insurance. A cannabis dispensary shall maintain certificates of commercialneral liabilitv insurance and endorsements and certificates of all other insurance related to the operation of the cannabis business.
6. Emer encv Contact. A cannabis dispensar s provide the citv manager with the current name and primary and secondary telephone numbers of at least one ( 1) twentv- four( 24) hour on-call manager to address and resolve complaints and to respond to operatin problems or concerns associated with the dispensary. The dispensary shall make good faith efforts to encoura e neighborhood residents to call this person to solve operatingproblems, if any, before anv calls or complaints are made to the cit
7. Required Si na e. The followin signs, in measurements of not less than ei ht by ten inch s ( 8" x10"), shall be clearlv and le iblv posted in a conspicuous location inside the dispensary where th v will be visible to customers in the normal course of a transaction, statin:
1. The sale of cannabis withoiit a state license and local pertnit is ille,
2. Smokin cannabis on this propertv, within twenty feet ( 20') of the dispensarv, or in an public place is illegal under California law."
3. For medical cannabis dispensaries: " No one under the a of eighteen ( 18) shall be
allowed on the premises, unless the a qualified patient or aprima r care ' iver."
4. For nonmedical cannabis dispensaries: " No one under the age of twentv- one ( 21) shall be allowed on the premises."
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5. For aii cannabis dispensaries: " This business is under surveillance accessible by Lathrop Police."
5. 2b. 100 Development and operational standards.
The following standards and re ulations apply to all commercial cannabis uses:
A. Buildin quirements. All structures used in commercial cannabis uses shall be located in structures designated for that occupancy and shall complv with all applicable sections af the Lathrop Municipal Code. Commerciai cannabis uses that provide access to the public includin not limited to, employees, vendors, contractors, business partners, members, customers, or patients shall meet Lathrop Municipal Code and state requirements for accessibility includin accessible parkin, assessable path of travel, restrooms, and washin facilities.
B. Emissions Control. All commercial cannabis uses shall utilize appropriate measures in construction and, where applicable, operations to prevent the emissions of dust, smoke, noxious a or other substances that have the potential to impact local or re ional air qualit G. Hours of Operation. The maximum hours of operation for a commercial cannabis use sh ll be stablished bv the conditional use permit and Development A reement issued by the Gity, provided that the hours shall not exceed the maximum hours of operation allowed under state law.
D. Odor Control and Ventilation. Commercial cannabis uses shall complv with all current and future state law and regulations related to odor control and ventilation, in addition to anv specific requirements for the aarticular use established in this chapter. No commercial cannabis use may operate in a manner wherebv cannabis odors are detectable from ad acent and nearb properties. All commercial cannabis uses must install a ventilation system that adequatelv controls for odor, humidit and mold. Conditions of approval may include a schedule related to chan f iters•
E. __ Lightin. All li htin shall be fully shielded, downward castin and not spill over onto structures, other properties or the ni
t sk
F. Police Notification. A cannabis dispensary shall notify the chief ofpolice ar his/ her desi nee( s) within twentv- four( 24) hours after discovery any of the followin a. Si nificant discrenancies identified during inventory. The level of si niftcance shall be determined bv the regulations promul a ted by the Citx b. Diversion, theft, loss, or anv criminal activitv involvin the commercial cannabis business or any agent or employee of the cannabis business. c. The loss or unauthorized alteration of records related to cannabis customers or employees or a ents of the cannabis business.
d. Any other breach of security.
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Prohibition Against Commercial Cannabis Chapter— 5. 26 Mark- Up ATTACHMENT 3 G. Securitv Plan. Securitvplan includin but not liinited to the followin information:
a. Securitv Surveillance Cameras. Security surveillance cameras and a video recordin,g system shall be installed to monitor all doors into the buildin s on the business site, the parking lot, loading areas, and all exterior sides of the property adiacent to the public ri hts of wa The cameras and recordin system shall be of adequate quality, color rendition, and resolution to allow the identification of anv individual present on the business site. The cordin system shall be capable af exportin the recorded video in standard MPEG formats to another common medium, such as a DVp or USB drive.
b. Securitv Video Retention. Video from the security surveillance cameras shall be recorded at all times (twentv-four hours a dav, seven days a week) and the recording shall be maintained for at least ninet days. The video recordin shall be made available to the citv upon re uest.
c. Alarm System. Professionallv and centrally-monitored fire, robberv, and burglar alarm systems shall be installed and maintained in ood working condition. The alarm s s shall include a
private securi company that is required to respond to every alarm.
H. Waste Mana ement Plan. A cannabis dispensary shall submit and complv with an a proved commercial cannabis waste mana e plan describin how commercial cannabis waste will be disposed.
T. Weights and Measures. All scales used far coinmercial rransactions shall be r is for comrnnercial us and sealed by the Department of A riculture/ Wei hts & M asur s.
T. Trackin. Commercial cannabis operators shall comply with any track and trace program established bv state a encies. Commercial cannabis operators must maintain records trackin all cannabis production and products and shall make all records related to commercial cannabis activity available to the Citv upon rectuest. Commercial cannabis operators shall complv with a Countv track and trace system if one is adopted by the Countv.
K. Restrictions on Alcohol Sales and Consumption No alcoholic bevera e s may be sold dispensed, or consumed on or about the premises of any commercial cannabis business.
SZ6. 110 Health and safety.
Commercial cannabis uses shall not create a public nuisance or adverselv affect the health or safetv of the nearbv residents ar businesses by creatin dust li ht lare heat noise naxious asses odor, smoke, traffic, vibration, unsafe conditions or other impacts or be hazardous due to the use ar stora e of materials, processes, products, runoff or wastes.
5. 26. 120 Taxes.
Commercial cannabis uses shall comply with additional taxes that may be enacted by the voters or anv additional regulations that mav be promulgated in addition to all current applicable state and local taxes.
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5. 26. 130 Emplovees.
A. All emplovees of commercial cannabis businesses must be at least twenty- one ( 21) years of a e.
B. All employees of commercial cannabis business may be subject to background search bv the California Denartment of Justice and local law enforcement. Permits for commercial cannabis uses may not be permitted for operators with felonv convictions, as specified in subdivision (c) of Section 667. 5 of the Penal Code, and subdivision ( c) of Section 1192. 7 of the Penal Code. Permits for commercial cannabis uses may not be permitted for operators with criminal convictions that substantiallv relate to the qualifications, functions, or duties of the business or profession, includin a felonv conviction involvin fraud, deceit, or embezzlement or a criminal conviction for the sale or provision of ille al controlled substances to a minor.
C. Each owner or operator of a commercial cannabis business shall maintain onsite a current register of all the emplovees currentl plo v the commercial cannabis business, and shall produce such re ister to the Chief of Police, desi nee, or any other Citv official authorized to enforce the Lathrop Municipal Code for purposes of determining compliance with this chapter.
D. The Chief of Police is authorized to impleinent an emplovee permit system, whereby an } employee or volunteer of a commercial cannabis business, must obtain a work permit from the City of Lathrop.
1. At a minimuin, such program shall require the issuance of a permit that must be visibly displayed at all times by the emplovee or volunteer when he or she is workin and contains a recent photograph of the individual and the name of the commercial cannabis business where he or she works or volunteers.
2. The Ghief af Folice may establish a fee far the cost af issuing such a permit.
5. 26. 150 Promul ation of regulations, reQuirements, standards and other leEal duties.
A. Regulations shall be published on the City' s website.
B. The amount of anv fee, cost or charge imposed pursuant to this chapter shall be deemed a debt to the City of Lathrop that is recoverable via an authorized administrativeprocess as set forth in the Lathrop Municipal Code, or in any court of competent jurisdiction.
5. 26. 160 Permit holder responsible for violations.
The person to whom a permit is issued nursuant to this chapter shall be responsible for all violations of the laws of the State of California or of the regulations and/ or the ordinances of the City of Lathrop, whether committed b permittee or anv employee, volunteer, or agent of the permittee, which vialations occur in or about the premises of the cannabis business, and violatians which accur durin deliveries to off-site locations, whether or not said violations occur within the permit hqld r' s presence.
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5. 26. 170 Inspection and enforcement.
A. The Citv Mana er or desi nee( s), Chief of Police or desi n ee( s), and Fire Chief or designee( s char ed with enforcin the provisions of the Lathro Municipal Code, ar an provisian thereof, mav enter the location of a cannabis business durin normal business hours, without notic, and inspect the location of any cannabis business as well as any recordings and records required to be maintained pursuant to this Chapter or under applicable provisions of State law.
B. It is unlawful for an person havin responsibility over the operation of a cannabis business, to impede, obstruct, interfere with, or otherwise not to allow, the City to conduct an inspection, review or cop.v records, recordings or other documents required to be maintained by a cannabis business under this Chapter or under state or local law. It is also unlawful for a person to conceal, destroy, deface, dama e, or falsify any records, recordin s or other documents required to be maintained bv a cannabis business under this chapter or under state or local law.
5. 26. 180 Violations declared a public nuisance.
Each and every violation of the provisions of this Chapter is herebv deemed unlawful and a public nuisance.
5.26. 190 Each violation a seqarate offense.
Each and every violation of this chapter shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized bv the Lathrop Municipal Code. Additionallv, as a nuisance per se, any violation of this chapter shall be subject to iniunctive relief, and an permit issued pursuant to this chapter shall be deemed null and void, entitlin the City to disgorgement and payment to the City of any monies uniawfullv obtained, costs of abatement, costs of investi at attorney fees, and any other relief or remedy available at law or in equity, includin the imposition of a civil penalty not to exceed one thousand and no/ 100ths ($ 1, 000. 00) dollars for each dav, or part thereof, such violation or failure to comply occurs. The City of Lathrop may also pursue any and all remedies and actions available and applicable under state and local laws for any violations committed by the cannabis business or persons related to, or associated with, the commercial cannabis activitv.
Additionally, when there is determined to be an imminent threat topublic health, safet,y or welfare, th Police Chief or desi nee( s), may take immediate action to temporaril pend a cannabis business permit issued bv the Citv, pendin a hearin before the Citv Council.
5. 26. 200 Criminal penalties.
Each and every violation ofthe provisions of this Chapter mav be prosecuted as a misdemeanor at the discretion of the Citv Attornev and upon conviction be subject to a fine not to exceed one thousand and no/ 100ths ($ 1, 000. 00) dollars or imprisonment in the county jail for a period of not mare than six ( 6) months, or by both such fine and imprisonment. Each day a violation is committed or permitted to continue shall constitute a separate offense.
5. 26.210 Remedies cumulative and not exclusive.
The remedies provided herein are not to construed as exclusive remedies. The Cit authorized to t ursue any proceedings or remedies provide by law.
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5. 26. 220 Service of notices.
All notices reQuired bv this chapter are deemed issued and served upon the date they are either deposited in the United States mail, postage pre- paid, addressed to the applicant or cannabis business at the mailin address identified in its application, the last updated address on file with the Citv Manager' s office, or the mailin address on the appeai form; ar the date upon which personal service of the notice is rovided to the applicant or a inana er identified on the a plication or appea farm.
300
Prohibited Cannabis Activities Chapter— 17. 18 Mark- Up ATTACHMENT 4 New text is shown by underline; deleted text is shown by s l Chapter 17. 18 CANNABIS ACTIVITIES
Al-e
o,-;,,,. ,,,. a;,,,,,,,. o t,;+,.,-.,• n,-, i n zsz
17. 18. 010 Purpose.
The purpose and intent of this chapter is to define the Zonin Districts in which Commercial Gannabis Uses are permitted consistent with the standards aursuant to Chapter 5. 26. The provisions of this chapter are in addition to any other permits, licenses and approvals which mav be required to operate cannabis business in the Cit
1718. 020 Definitions.
Cannabis" means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. " Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. " Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds ofthe plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks ( except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this division, " cannabis" does not mean " industrial hemp" as defined by Section 11018. 5 of the California Health and Safety Code.
Cannabis cultivation business" means any business that, pursuant to a Type 1, Typc 1 A, Type I B, Type 1 C, Type 2, Type 2A, Type 2B, Type 3, Tvpe 3A, Type 3B, Type 4, Type 5, Type SA, Type SB, or Tvpe 12 state business license, or their successors, cultivates cannabis or cannabis products.
Cannabis deliverv" means the commereial transfer of cannabis or cannabis nroducts to a custoiner. " Cannabis deliverv" also includes the use bv a retailer of any technologv platform.
Cannabis delivery business" means any cannabis business that, pursuant to a Type 10 state cannabis license or its successors delivers makes available or distributes cannabis and cannabis products to a consumer.
Cannabis dispensary" means any cannabis business where medicinal or adult- use cannabis or cannabis products are sold at retail, pursuant to a Type 10 state cannabis license, or its successors. A cannabis dispensar v include a cannabis business that provides cannabis deliveries.
Cannabis distribution business" means any business that, pursuant to Type 11 ar TYpe 13 state cannabis license, or their successors, procures, sells, or transports cannabis and cannabis products between cannabis businesses.
301
Prohibited Cannabis Activities Chapter— 17. 18 Mark- Up ATTACHMENT 4 Cannabis for personal use" means any use or possession of cannabis that does not require a license pursuant to Chapter 1 ofDivision 10 of the California Business and Professions Code.
Cannabis manufacturin business" means any cannabis business that, pursuant to Tvpe 6, Type 7 or Type 12 state cannabis license, or their successors, manufactures cannabis or cannabis products.
Cannabis product" means cannabis or a product containin cannabis, includin, but not limited to manufactured cannabis and shall have the same meanin as in Section 11018. 1 of the California Health and Safety Code. For purposes of this chapter, " cannabis" does not include industrial hemp as defined bv Section 81000 of the California Food and Agricultural Code or Section 11018. 5 of the California Health and Safety Code.
Cannabis testin laboratorv" means a cannabis business that tests cannabis or cannabis products pursuant to a Type 8 state cannabis license, or its successors.
Commercial cannabis activitv" means any activity including cultivation, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, dispensaries, collectives, cooperatives and sale of cannabis or cannabis products that requires a state license.
Medicinal and Adult- Use Cannabis Regulation and Safety Act( MAUCRSA)" means Senate Bi1194 contained in Division 10 of the California Business and Professions Code. ( Ord. 18- 387 § 1)
17. 18. 030 Commercial cannabis - uses e.
A. The Use Table in Section 17. 18. 040 lists the zonin districts and commercial cannabis uses. The regulations for each district and use are established by letter designation as follows:
1. C" desi nates commercial cannabis uses permitted upon approval of a Conditional Use Pennit, as provided in Chapter 17. 112.
B. Commercial cannabis uses are defined in Section 17. 18. 020 and Sectian 5. 26. Q3Q. In cases where a proposed use is nat listed or defined, the use is prohibited.
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Prohibited Cannabis Activities Chapter— 17. 18 Mark-Up ATTACHMENT 4
17. 18. 040 Commercial Cannabis— Use Table
Commercial Cannabis— Use Table 2, 3
Commercial CN CC CS CH CS- CH- CV- CO- CS- CO- CR- NC- COCannabis MV MV MV LG LG SL RI CL CL Use
Cannabis
cultivation
business
Cannabis
delivery
business
stand- alone
Cannabis C C C C C C C C C C C C C
dis ensa
Cannabis
distribution
business
Cannabis
manufacturin
business
Cannabis
testin
laboratory
Gannabis
microbusiness
Must complv with Chapter 5. 26, Commercial Cannabis Regulations.
Z Commercial cannabis use not listed or identified with a" C" in this Table are prohibited.
MV= Mossdale Villa e, LG = Lathrop Gateway, SL= South Lathrop, CL= Central Lathron, Ri= River Islands 4;..+, fnr. i, l; l.l, . t. 4 1;. ; o. l , r 7 r T if A T T(` D C A f.-.,. ., 1 , F,- l, ;,, !` 1,.,,.,- 4 nn „ F' l, v T l T!'' Tl Tl,; ,.;,,,, ; ., ;.-. o,,. lo,a ,. ,, ., l,;l,; ., ., F l, o F11,..,;.-..,.• L. l IIIJ JVVLIpIT
Cn1- t* l llAv
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Prohibited Cannabis Activities Chapter— 17. 18 Mark-Up ATTACHMENT 4 New text is shown by underline; deleted text is shown by * r;',o*, r^„ n" Chapter 1718 CANNABIS ACTIVITIES
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17. 18. 010 Purpose.
The purpose and intent of this chapter is to define the Zoning Districts in which Commercial Cannabis Uses are permitted consistent with the standards pursuant to Chapter 5. 26. The provisions of this chapter are in addition to an o permits, licenses and approvals which mav be required to operate cannabis business in the City.
17. 18. 020 Definitions.
Cannabis" means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. " Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. " Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds ofthe plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks ( except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose ofthis division, " cannabis" does not mean" industrial hemp" as defined by Section 11018. 5 of the California Health and Safety Code.
Cannabis cultivation business" means any business that, pursuant to a Type 1, Type 1 A, Type 1 B, Type 1 C, T p
e 2, Type 2A, Type 2B, Type 3, Type 3A, Type 3B, Type 4, Type 5, Type SA, Type SB, or Tvpe 12 state business license, or their successors, cultivates cannabis or cannabis roducts.
Cannabis delivery" means the commercial transfer of cannabis or cannabis products ta a customer. " Cannabis delivery" also includes the use bv a retailer of an,y technola v platfonn.
Cannabis delivery business" means any cannabis business that, pursuant to a Type 10 state cannabis license or its successors delivers makes available or distributes cannabis and cannabis praducts to a consumer.
Cannabis dispensary' means anv cannabis business where medicinal or adult- use cannabis or cannabis products are sold at retail, pursuant to a Type 10 state cannabis license, or its successors. A cannabis dis,pensary lnay include a cannabis business that provides cannabis deliveries.
Cannabis distribution business" means any business that, pursuant to Type 11 or Type 13 state cannabis license, or their successors, procures, sells, or transports cannabis and cannabis products between cannabis businesses.
305
Prohibited Cannabis Activities Chapter— 17. 18 Mark- Up ATTACHMENT 4 Cannabis for personal use" means any use or possession of cannabis that does not require a license pursuant to Chapter 1 of Division 10 of the California Business and Professions Code.
Cannabis manufacturing business" ineans any cannabis business that, pursuant to Type 6, Tvpe 7 or Type 12 state cannabis license, or their successors, manufactures cannabis or cannabis products.
Cannabis product" means cannabis or a product containingL annabis, includin,, but not limited to manufactured cannabis, and shall have the same meanin as in Section 11018. 1 of the California Health and Safety Code. Forpurposes of this chapter, " cannabis" does not include industrial hemp as defined bv Section 81000 of the California Food and Agricultural Code or Section 11018. 5 of the California Health and Safetv Code.
Cannabis testin laboratory" means a cannabis business that tests cannabis or cannabis products pursuant to a Type 8 state cannabis license, or its successors.
Commercial cannabis activitv" means any activity including cultivation, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, dispensaries, collectives, cooperatives and sale of cannabis or cannabis products that requires a state license.
Medicinal and Adult- Use Cannabis Regulation and Safety Act( MAUCRSA)" means Senate Bi1194 contained in Division 10 of the California Business and Professions Code. ( Ord. 18- 387 § 1)
17. 18. 030 Commercial cannabis - uses.
A. The Use Table in Section 17. 18. 040 lists the zonin districts and commercial cannabis uses. The re ulations for each district and use are established bv letter desi nation as follows:
1. C" desi nates commercial cannabis uses permitted upon a proval of a Conditional Use Permit, as provided in Chapter 17. 112.
B. Commercial cannabis uses are defined in Section 17. 18. 020 and Section 5. 26. 030. In cases where a proposed use is not listed or defined, the use is prohibited.
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Prohibited Cannabis Activities Chapter— 17. 18 Mark- Up ATTACHMENT 4
17. 18. 040 Commercial Cannabis— Use Table
Commercial Cannabis— Use Table '•;
Commercial CN CC CS CH CS- CH- CV- CO- CS- CO- CR- NC- COCannabis MV MV MV LG LG SL RI CL CL Use
Cannabis
cultivation
business
Cannabis
delivery
business
stand- alone
Cannabis C C C C C C C C C C C C C
dis ensa
Cannabis
distribution
business
Cannabis
manufacturin
business
Cannabis
testin
laborato
Cannabis
microbusiness
Must com ly with Chapter 5. 26, Commercial Cannabis Re ulations.
Z Commercial cannabis use not listed or identified with a" C" in this Table are prohibited. 3 MV— Mossdale Villa e, LG= Llthrop Gateway, SL= South Lathrop, C.L= Central Lathrop, RI= River Islands r;.,;., ,-.,,;,. t, ., „+ o i;,. o o ; a , ,,, o,-, r n 1 irc c n f;.,. ., i , o* 4;,,-* t, ;,, rt, o,. Q n „ t,o r rnr
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Business Licenses Generally Chapter— 5. 04 Mark- Up ATTACHMENT 5 New text is shown by underline; deleted text is shown by + r'*' Y^"
5.04. 190 Authorization by chief of police.
A. No license shall be issued for the following businesses without prior authorization by the chief of police:
1. Solicitors and peddlers, handbill distributors;
2. Vehicular street advertising;
3. Machines or games for skill or amusement, or amusement arcades;
4. Bowling alleys, ice or roller skating rinks;
5. Pool and billiard halls;
6. Theaters maintaining a fixed place of business in the city;
7. Dance halls or operation of premises where dancing is permitted;
8. Animal hospitals, kennels and boarding stables;
9. Pawn brokers and watchpersons;
10. Private police and detective agencies;
11. Junk dealers or collectors, second hand dealers ( including second hand jewelry dealers);
12. Automobile and machine wrecking yards;
13. Automobile parking lots;
14. Used car, used truck and used trailer establishments;
15. Fortune telling;
16. Klieg lights ( large rotating lights);
17. Auctioneers;
18. Hospitals, sanitariums, rest homes, mortuaries and funeral parlors;
19. Fire sales or sales after catastrophes;
20. Vending machines.
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Business Licenses Generally Chapter— 5. 04 Mark- Up ATTACHMENT 5
21. Cannabis business
B. The chief of police may limit the hours and days ofthe week during which the license is valid. Iflimitations are made, they shall be so noted on the license and the license will be deemed valid only during the hours of authorization, excluding cannabis business.
C. If, in the judgment of the chief of police, the representations made in the application or in investigation ofthe applicant discloses that the granting ofthe license applied for may be detrimental to the public peace, morals, health, safety or general welfare, or that the applicant is not of good moral character or has been convicted of any violation of the law involving moral turpitude, he or she shall not authorize the issuance of the license, excluding cannabis business.
D. The finance director shall thereupon advise the applicant that he or she may appeal to the city council in the same manner as required for license initially requiring authorization by the city counciL ( Ord. 02- 198 § 1; prior code § 110. 40)
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Business Licenses Generally Chapter— 5. 04 Mark-Up ATTACHMENT 5 New text is shown by underline; deleted text is shown by s l
5. 04. 190 Authorization by chief of police.
A. No license shall be issued for the following businesses without prior authorization by the chief of police:
l. Solicitors and peddlers, handbill distributors;
2. Vehicular street advertising;
3. Machines or games for skill or amusement, or amusement arcades;
4. Bowling alleys, ice or roller skating rinks;
5. Pool and billiard halls;
6. Theaters maintaining a fixed place of business in the city;
7. Dance halls or operation of premises where dancing is permitted;
8. Animal hospitals, kennels and boarding stables;
9. Pawn brokers and watchpersons;
10. Private police and detective agencies;
1 l. Junk dealers or collectors, second hand dealers ( including second hand jewelry dealers);
12. Automobile and machine wrecking yards;
13. Automobile parking lots;
14. Used car, used truck and used trailer establishments;
15. Fortune telling;
16. Klieg lights ( large rotating lights);
17. Auctioneers;
18. Hospitals, sanitariums, rest homes, mortuaries and funeral parlors;
19. Fire sales or sales after catastrophes;
20. Vending machines.
311
Business Licenses Generally Chapter— 5. 04 Mark- Up ATTACHMENT 5
21. Cannabis business
B. The chief of police may limit the hours and days ofthe week during which the license is valid. Iflimitations are made, they shall be so noted on the license and the license will be deemed valid only during the hours of authorization, excludin cannabis business.
C. If, in the judgment of the chief of police, the representations made in the application or in investigation ofthe applicant discloses that the granting of the license applied for may be detrimental to the public peace, morals, health, safety or general welfare, or that the applicant is not of good moral character or has been convicted of any violation of the law involving moral turpitude, he or she shall not authorize the issuance of the license, excluding cannabis business.
D. The finance director shall thereupon advise the applicant that he or she may appeal to the city council in the same manner as required for license initially requiring authorization by the city council. ( Ord. 02- 198 § 1; prior code § 110. 40)
312
Attachment B
RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP
ADOPTING PROCEDURES FOR APPEALS OF DECISIONS UNDER CHAPTER
5. 26 OF THE LATHROP MUNICIPAL CODE
WHEREAS, the City Council of the City of Lathrop approved Ordinance No. 21- 428, establishing requirements for operation of commercial cannabis businesses within the City of Lathrop ( the " City"); and
WHEREAS, the City Council authorized issuance of a Request for Proposals establishing a merit- based approach to award a commercial cannabis business permit to operate a dispensary within the City; and
WHEREAS, the City Council now desires to establish a procedure by which aggrieved parties may appeal decisions of the City under Chapter 5. 26 of the Lathrop Municipal Code, including, but not limited to, the City Council' s award of commercial cannabis business permits.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LATHROP DOES HEREBY RESOLVE AND APPROVES the Commercial Cannabis Appeal Procedures, attached hereto as Exhibit " A" and incorporated herein by this reference, and are hereby adopted.
PASSED AND ADOPTED by the City Council of the City of Lathrop this 14th day of February, 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 1 313
Exhibit A
CITY OF LATHROP
COMMERCIAL CANNABIS
APPEAL PROCEDURES
Pursuant to Lathrop Municipal Code Chapter 5.26, the City Council of the City of Lathrop hereby adopts the following regulations governing appeals of decisions of the City under Chapter 5.26 of that Code, including, but no limited to, award of commercial cannabis business permits.
1. DEADL NE. An appeal may be submitted to the City Clerk in writing within 15 days of the date the decision appealed was made. Appeals shall be filed on a form provided by the City.
2. F L NG FEE. An appeal must be accompanied by an appeal fee established from time to time by resolution of the City Council. As of February 2022, the fee is 588. 00. An appeal is not perfected until the City Clerk receives both the appeal form and the filing fee.
3. DEc s o1v1v1AxER. The City Council shall appoint a hearing officer to hear any appeal received, pursuant to the procedures established herein. Any hearing officer shall be a neutral party uninvolved in the making of the decision from which appeal is taken.
4. HEARING PROCEDURES.
a. BRIEFING. The hearing officer shall establish deadlines by which:
i. The City or the appellant may invite any other person with an interest in the appeal, including but not limited to a successful applicant for a license as to an appeal by an unsuccessful applicant for that same license (" real party in interest"), or such real party in interest may state interest in intervening in the appeal or participating in it as an amicus without invitation by the City or the appellant;
ii. The appellant must submit all arguments and evidence relevant to the appeal,
1 2744992
314
iii. City staff and any real party in interest may submit counterarguments and evidence, and iv. The appellant may submit reply papers. If the hearing officer orders an oral hearing on an appeal, any reply papers shall be submitted no later than five business days before the hearing.
b. REPRESEtvTAT1oN. An appellant or real party in interest may represent himher- or itself or may retain counsel or a non-attorney representative to argue an appeal.
c. ORaL HEartiN. These rules confer no right to an oral hearing and the hearing officer retains discretion to decide the appeal on the papers but the City, the appellant, or any real party in interest may make written request to the hearing officer for an oral hearing. If the hearing officer orders an oral hearing, the following procedures apply:
i. NOTICE OF ORAL APPEAL HEARING. The City Clerk shall serve a notice of oral appeal hearing either personally or by U.S. Mail, first class postage prepaid, to the appellant at the address provided on the appeal form and to the real party in interest at such address as it may have provided the City. The hearing shall occur no sooner than 10 days after service of the notice.
ii. TIIvtE AND PLACE oF HEAR NG. The hearing officer shall conduct any oral appeal hearing at the place and time stated in the notice of hearing. Appeal hearings may be held by teleconference or other electronic means in the hearing officer' s discretion. A hearing may be continued from time to time by agreement of the appellant and City staff or for good cause as determined in the hearing officer' s discretion.
iii. EVIDENCE. The hearing officer will consider written or oral testimony or other evidence regarding the issues the parties identify. Evidence to support a decision must be credible and relevant in the estimation of the hearing officer, but formal rules of evidence do not apply. The hearing officer retains the discretion to exclude evidence it finds to be unduly repetitious or irrelevant. 2 274499. 2
315
iv. PREs DiNG OFFicER. The hearing officer shall conduct the hearing, govern the presentation of evidence, and address any procedural issues presented during the course of the hearing. The hearing officer may issue orders, including protective orders, as necessary to exercise the appellate jurisdiction granted by these Procedures. d. BURDEN OF PROOF; STANDARD oF REv1Ew. The appellant bears the burdens to produce evidence of reversible error and to persuade the hearing officer of it by a preponderance of the evidence. The hearing officer shall affirm the decision appealed from unless the appellant persuades it that:
i. The procedure by which the decision was made violates due process or other applicable law;
ii. The substance of the decision violates the Lathrop Municipal Code or other applicable law; or
iii. The record on which the decision was made does not include substantial evidence to support factual findings the law requires for the decision.
5. CITY COUNCIL CONSIDERATION OF HEARING OFFICER S RECOMMENDATION. If the City Council appoints a hearing officer, it shall consider his or her written recommended decision as follows:
a. HEARING OFFICER S DECISION; TIME FOR SAME. After considering all arguments and evidence submitted, including testimony submitted at any oral appeal hearing, the hearing officer shall provide the City Council a recommended written decision to affirm (in all or part), modify, or reverse the decision appealed. The hearing officer shall render the written decision no later than 30 after the hearing is completed unless the appellant and City staff agree otherwise or the hearing officer determines in writing that 60 days are necessary due to the volume or complexity of the issues or evidence.
b. ORAL HEARING ON HEARING OFFICER' S RECOMMENDATION. The City Council may, in its discretion, order an oral hearing on the hearing officer' s recommendation or may make a final decision based on the administrative 3 274499. 2
316
record before the hearing officer and the hearing officer' s written recommendation without further input from the appellant, City staff, and the real party in interest ( if any). Any oral hearing the City Council orders on the hearing officer' s recommended decision shall be conducted pursuant to section 4 of these Procedures.
c. COUNCIL ACTION ON HEARING OFFICER S RECOMMENDATION. In its reasoned discretion under the standards stated in section 4.d. of these Procedures, the City Council may adopt or amend the hearing officer' s recommendation in all or part or remand it to the hearing officer for further consideration. d. NoT cE. Whether or not the City Council allows an oral hearing on the hearing officer' s recommended decision, the City Clerk shall give notice (in the manner required by section 4. c. 1. of these Procedures) of the City Council' s consideration of that recommended decision, enclosing a copy of it, to every party who participated in the appeal before the hearing officer.
6. F NALI. The City Council' s adoption of a written decision on the appeal, whether or not provided by a hearing officer, shall be final as to the City and subject to judicial review as provided below.
7. No`r cE oF DEc s1oN. The City Clerk shall mail notice of the City Council decision to the appellant at the address provided on the appeal form and to any real party in interest as such address as it may have provided the City within five business days of the decision.
8. JuDiciAL REviEw. Judicial review of the City Council' s decision on any appeal shall be subject to California Code of Civil Procedure section 1094.5, if timely filed as required by California Code of Civil Procedure section 1094.6.
9. EXHAUSTION OF ADMINISTRATIVE REMEDIES. Failure to timely file a complete appeal form accompanied by the filing fee constitutes a waiver of appeal rights and a failure to exhaust administrative remedies. Failure to raise an issue on the appeal form or in the opening papers on an appeal constitutes a failure to exhaust administrative remedies as to that issue and a waiver of the right to raise that issue upon judicial review of the City Council' s decision. 4 274499. 2
317
318
ITEM 6. 1
CITY MANAGER' S REPORT
FEBRUARY 14, 2022 CITY COUNCIL REGULAR MEETING
ITEM: MAYOR' S REFERRAL
RECOMMENDATION: Appointment of One ( 1) Member to the Measure C Oversight Committee with Term Expiring 7une 30,
2022, Due to Unscheduled Vacancy
MEASURE C OVERSIGHT COMMITTEE — LMC CHAPTER 3. 13. 180
The Committee currently has one ( 1) available vacancy.
One ( 1) seat available ( unscheduled vacancy), with existing term ending June 30, 2022
Commissioner Vacancy Date of Reappointment Term Expiration due to Unscheduled Appointment Date Date
Vacanc
06/ 30/ 22
eremy Aguilar 02/ 10/ 20 N/ A
Resigned in May 202i
06/ 30/ 22
Gene Neely 10/ 11/ 21 N/ A Resigned in November
2ozi
Three ( 3) applications were received.
APPLICANTS FOR CONSIDERATION:
1. James ( Jim) Hilson
2. Debra Rock
3. Dan MacNeilage
319
111:
CtT°" F= f_ A"- i J
COMMISSIONICOMiVIITTEE APPLICATI+
j
t t , t'
Applying far: C Y R s . C Ca , ,; G
Yor th Advicur+ Com uFssian: Must be a L.athrop resident betwcen 13 to 18 yesrs nf nge to scnre en this cbmmission.
SehlarAdvlsory Conrurtssloa: Must be a I.athrop res dent 5Q yeurs uf agc or over to servc on this oammiss n.
PlaRning, Farke& Recreatron C s, and Me svre C Ove sight Commia e: Must be a Lathrop msident ro serve an this commissinn.
FLEASE PRINT OR TYPE THE FOLLOWING INFORMATiUN:
Name: .. R nn,. s J, n i L son/'
Address: City: C.- A.-Tt.{ e a, p
zip:
e'
1 ' 3 3 C7
Telephone( horne) Telephone( work}
Telephone( celt) Telepbune( other}
Email: Resident of the City of Lathrap: S years
Do you have Transportation to attead the Commissian meedngs and Functians? Yes 1Vo Background Iafarmation:
Are you related to a current City Employee? M
If yes, give name and relatioashig 1 lEmplaymenWoluntcer Iaformatioo:
1 c"` S. c c- o Nr. r iG - LPr-u i,. Q 2C J Y - Zc7 9 \ S~ Y2c, 4rganizution D te
LaYhr r c n bk.2 t s c.k; R..
Lacation Position{ s)
Rcsponsibilities/ acxomplishroents; iJ a.. n. c.- i- i }, S`/ N c"''SS 5- 1 C°.. G- 1 t. s v r
organ r r nar
vc,e . 1 lr t T/ Z G lJ3 o m n : - li-rHa('
Locarton PositeoR{ s)
Responsibilitizslaocomglishments: 2, ,z., Ui E . t,;. , - / 2r l Rt- "'- n' 1'
320
Cammunity AcHvitica that you have been involved with( feei free to attach additianal pages) r` r l. 1 7" t., r G ii/+ t " ( _!"+ eH f/ Gi- s. / G-".. T' 2 3 a 1! + " Z'..79 O..
Nanre of Organizatlon PosltlatJRespnnslbelities Dates
Na ne of Organization PcultiavitResponstbitltieslAccampltshments Dates S ecial Awards or Recognitions you have rec ivcd - H v. c,l rn m r s , Cz. , rZ c cA- s i' c' c1' a''-' C' 7. c'v€ c oP rn ,- v:"`
EducaHonaI Informstton:
t l{- F_ f je L' T 2o N cs
d
Educa ionallrrstitutiar Degree/ Diploma Fteld Ye+or
Educatfonat l rsrFtudon Degree/ Diptama Fteld Year
Add tional tnform tion (Pleuse provide any other informatio: which yort}' eel wvtttd he ttsefill to the City Coterici! in reviewing yott application.}
p. N c iv 5 r Q asz-o s Gc3 M M i-- G G L= p
S 3 /
rn m b+ n.
T S G. 3 r G ' V/ t? .. 7 / f I-' J' TC' L. S
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Pleuse sign and date you application and su8mit to the Offtce ofthe C'ty Clerk at the address 6eYow.. 1 Z7
Si te pa
ParenUGuardian Signature( Rernreredfor Youth Advisory Cartdldates only) City Clerk
City ofLathrop
390 Towne Ccntre Drive
Lathrop, CA 9533Q
321
CUh ViISSION/ COMMII" TEE APPLICATION
R c uE
Apply ing for M$'8$V @ Ci m$
a' „ a`
C TY CL.ERtf
Youtk Adrisory Co, a ission: Must bc a Lathrop rtsidtnt betwttn 13 to 18 yeats of sge ta servc on this cortunission.
Senlor Adv sory Coiwx a: I4tust bc a Lathrop tesident SQ years ofagc ar over ta scrvc on this corianission.
Pfaxuiwg, Parks Rernatl Co el atehs, a d Meawre C 4voerstg/ rr Carrn Jne: Must be a Lathrop residcat to strve on this commissioa.
LEASE PRIIrIT R TYPE THE F4L Q jG INFQRMATIUN:
Name: Debra L. Rack
Addzess: Ciry: Lathrop Zip: 95330
Telephane{ home) Teleghane( work)
Telephone{ celt) Telephoae( other)
EYnail: 11, Resident of the City ofLathrop: 301t2
ye
Do you have Transpartatian to at#cnd ths Commission meetings and Functeons? Yes 1 No C3 Bsck round Inform tion:
Ar e you related ta a curcent City Employee? N°
If yes, give name and relationship
EmploymentlVolunteer InformaHnn:
l.awrence i. ivermare Natlonai Secu ty, I.LC. 1982- Present OrgQaiavt nr, Datr
Livermore Seni Security Specialist
Location Paaitian( s)
Responsibititiesiaccomplishments: To ensure best ptac ices are used and considered bebre making a decision that wou d effect the orginiza an, atakeholders nd Natisanal Seairity.
La rop Cammun iy V teer Club{ Lathrop CVC) 20' i6-Present OrPaaization l aro
Lathrop CommitOse Men er
Locarion Pattteon(.t}
Responsibilitieslaccomplishmeats: To heip plan community events in the city. Cuma nt projects lndude the Annuai Community BBQ honoring Laihrop Police 8 Firefighters. Ope aticu Senia Christmas. 322
Community Activ ties t at you have been involved with{ feel free to attach additional pages) Lathrop Sunrise Rotary Member 2021
Name ojOrgariization Positia lR sponsibilities Lkrtts
Measure"' C" C unmittee Committee Member CaChair 2012- 2014 Na ne ofOrganisation Positton/ Rtsponsfbilrties/ Acconept%rhmerrrs Da1 s Speciil Awards or Recogaitioe you 6ave received:
Educatian l I formation:
Departme t of Energy SWAT School Ge tificate Fsderai Seaurity i98T EducaAfona Instltutlon DegrieelDfptavw Field Year
Liv more High Sci ool
p
e
1975
Educattonallnst tutlon D r efDiploma ield Year
Addltiottal Information( Please pravide arry other infor» atian which youfeel woutd be useful ia the Crty Counci! rn reviewing yorr apPficction.j
As a atizen af this community for over 3 years and being a fomner canmittee member and c a-chair on Measure C" I feet I have the ab and know to sit cxi this committee and sk nece estions rdi ttt fi nds iro n Meas e" C". What they a e beinQ used for aKtd, ten,' aA1C 1ii. for.
Fleose s gr and date} roa appGeatto and submit tn the O,f'ece ofthe City Clerk at the address betow.. 12l8J21
Sigaaturc Date
Parendauardian Si atwe( Reqairedfor Youth Advi.sary Car didates artyj Ctty Clerk
City of Lathrop
390 Towne Centre Drive
i.xthrap, CA 95330
323
C( MMiS5I4N/ Ct}NIlVII' TEE APPLICATION
r: C... APFYYi g o .
S eciet Reautrements:
YarrtlE Advisory Co uKiss#oh: Mt t be a I.athr p raidcnt betw m 13 to t$ ycars of sgc to saveas th s commission.
Se ic A vLwry Co rfu}on: Must bc a Lathcop cssident Sd ycars of agc oveK ta scrvc on this comrrsission.
Plarrning PQ1. S' aF RtClCQI AR CO/ltJ lSSFO li'=QMfI lltlSltl C i GlSl l C'OAtMl1JlCC; Must be a Lsthrop resident to s,erve on this commissian.
sE e a E T FOLLowav+ nvFo V L
Q c z o 2ort
Name•
Address• City: Zip:
Telephone{ home Telephone ( vark)
Telephone cell) Telephone( other)
Email: Resident of ihe City of Lethrop:_ 3L! Years
Do you have Transpartation to ariend the Commission meetings aad Functions? Yea No Bac Cgraund Iaforms#ioo:
Are you related to a curreat City Ernployee?
Ifyes, give aame and relationship
EmploymenWotunteer Informstinn:
v
LocaHon PoJltfon( s)
Rcspo ibilities/ accorn lishments: C. i U L '
1 4''- 2,
t79rganizarran t clt
a
Loralion Fodsitfon( s}
A
Respansibilideslaccomplis
r
VG L
f '.
324
Community Activfties that you have been invotvcd with{ fc l free ta attach additional pages) i
l
Y 1 a
N ojOrganizahfon Po itiolt/ Rrsponsibilitl
v
Nar» e ofC?rgorrizatl PosFtfoa/ Respa si illtia/Ac coArpltshmuels Dat rs _// l,,,{
Spec at Awards or RecoggiHons yo bave receflv
er t C(' 1
s
Eduraitional Information:
Edr rotiarallnstitut arr Uegner/ 1)iploma Fie1d Ytor J
lq
r cwtro a Instltarian L egree/ piplonea Fietd Yarr
Addidon l,iuformatiun( Ptease provide a other information x hich youfe! x ou/d be usejul to the Gity Council in reviewing, ynu application.)
W
s
r `
Please sign Qnd dateyorr qpplicatio arrd sabmii to the Of,)`fca ofthe City Clerk at the adafi ess 6elofv..
D tie
ParandGuacdisn Signatura( Requere4d for Youth Advi.sary CandidatGv atlp) City Clerk
City of Lathrop
39Q Towne Cer tre Drive
Latht op, CA 95330
325
326