Lathrop City Council
March 14, 2022

MARCH 14, 2022 – Regular Meeting Agenda – 7:00 p.m.

Printed on Recycled Paper See Reverse
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March 14, 2022 – City Council Regular Meeting – 7:00 p.m.

City Council Chamber
390 Towne Centre Drive
Lathrop, California
(209) 941-7200
www.ci.lathrop.ca.us
City Council
Sonny Dhaliwal, Mayor
Diane Lazard, Vice Mayor
Paul Akinjo
Minnie Diallo
Jennifer Torres-O’Callaghan
City Staff
Stephen Salvatore, City Manager
Salvador Navarrete, City Attorney
Teresa Vargas, Government Services
Director / City Clerk
Glenn Gebhardt, City Engineer
Tony Fernandes, Chief Information Officer
Cari James, Finance Director
Theresa Roland, Human Resources Director
Mark Meissner, Community Development
Director
Michael King, Public Works Director
Zachary Jones, Parks, Recreation and
Maintenance Services Director
Raymond Bechler, Chief of Police
(Commission Start Date 7/1/2022)
Lieutenant Michael Alagna, Acting Chief of
Police
General Order of Business

1. Preliminary
 Call to Order
 Closed Session
 Roll Call
 Invocation
 Pledge of Allegiance
 Announcements by Mayor/City Mgr.
 Informational Items
 Declaration of Conflict of Interest

2. Presentations

3. Citizen’s Forum

4. Consent Calendar

5. Scheduled Items
 Public Hearings
 Appeals
 Referrals and Reports from
Commissions and Committees
 All Other Staff Reports and/or Action
Items
 Study Sessions

6. Council Communications

7. Adjournment
Order of Discussion
Generally, the order of discussion after introduction
of an item by the Mayor will include comments and
information by staff followed by City Council
questions and inquiries. The applicant, or their
authorized representative, or interested residents,
may then speak on the item; each speaker may only
speak once to each item. At the close of public
discussion, the item will be considered by the City
Council and action taken.

Consent Calendar
Items on the Consent Calendar are considered
routine by the City Council and will be enacted by one
motion and one vote. There will be no separate
discussion of these items unless a Councilmember or
interested resident so requests, in which case the
item will be removed from the Consent Calendar and
considered separately.
1 March 14, 2022 Lathrop City Council Regular Meeting Agenda Page 1 IMPORTANT NOTICE REGARDING THIS MEETING & COVID-19
Executive Order N-29-20, issued by the Governor on March 17, 2020, set provisions which relaxed the teleconferencing requirements of the Brown Act to facilitate virtual meetings during the COVID-19 declared emergency, said provisions expired after September 30, 2021.

This public meeting will be conducted in person; all members of the City Council will attend in person. Members of the public are welcomed in person. COVID-19 and social distancing guidelines will be enforced. As a courtesy, this meeting will be available for public participation by teleconference via ZoomGov at the following link:
https://www.zoomgov.com/j/1606642534?pwd=MnJ1d21GaWoxWG9k MDI4YnpCOWFhQT09
During the meeting, those joining by ZoomGov, will be allowed to speak prior to the close of public comment on an item. If you are using this method, please “raise the hand” feature to inform the City Clerk (meeting host) you wish to speak on the matter. Please ensure your computer speaker and microphone are fully functional.

For audio / calling in only, dial: +1 (669) 254-5252 or +1 (669) 216-1590 o To request to speak (same as the “raise hand” feature) press *9 / When the City Clerk calls your name, press *6 to unmute.

Meeting Webinar ID: 160 664 2534 / Passcode: 487251
If you are not able to attend the meeting in person or virtually - Public comment/questions will be accepted by email to City Clerk Teresa Vargas at [email protected] or by calling (209) 941-7230
Questions or comments must be submitted by 4:00 p.m., on the day of the meeting.

To address City Council in person, please submit a purple card to the City Clerk indicating name, address, and number of the item upon which a person wishes to speak.

Council Meetings are live-streamed (with Closed Captioning) on Comcast Cable Channel 97, and on the City Council Webpage: https://www.ci.lathrop.ca.us/citycouncil/page/live-stream Addressing the Council
Any person may speak once on any item under discussion by the City Council after receiving recognition by the Mayor. Purple speaker cards will be available prior to and during the meeting.

To address City Council, a card must be submitted to the City Clerk indicating name, address and number of the item upon which a person wishes to speak. When addressing the City Council, please walk to the lectern located in front of the City Council. State your name and address. In order to ensure all persons have the opportunity to speak, a time limit will be set by the Mayor for each speaker (see instructions on speaker form). In the interest of time, each speaker may only speak once on each individual agenda item; please limit your comments to new material; do not repeat what a prior speaker has said. If you challenge the nature of a proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing.
2 March 14, 2022 Lathrop City Council Regular Meeting Agenda Page 2 Citizen’s Forum
Any person desiring to speak on a matter, which is not scheduled on this agenda, may do so under the Citizen’s Forum section. Please submit your purple speaker card to the City Clerk prior to the commencement of Citizen’s Forum, or submit your request to speak via the “raise hand” feature in ZoomGov. Only those who have submitted speaker cards, or have expressed an interest to speak, prior to the conclusion of Citizen’s Forum will be called upon to speak. Please be aware the California Government Code prohibits the City Council from taking any immediate action on an item, which does not appear on the agenda, unless the item meets stringent statutory requirements. The Mayor will limit the length of your presentation (see instructions on speaker form) and each speaker may only speak once on this agenda item. Please note, the Council Chamber has limited occupancy due to social distancing.

To leave a voice message for all Councilmembers simultaneously, dial (209) 941-7230. To send an e-mail for Councilmembers simultaneously email: [email protected]. This City Council Agenda and meeting materials can be accessed by computer or any smart device at:
https://www.ci.lathrop.ca.us/meetings
General Information
For reports citing supplemental documents relating to specific agenda items, these are available for review in the City Clerk’s Office. This agenda was posted at the following locations: City Hall, Community Center, Generations Center, Senior Center, and the Lathrop-Manteca Fire District “J" Street and Somerston Parkway Offices. The meetings of the Lathrop City Council are broadcast on Lathrop Comcast Cable Television Channel 97 and live streamed on the City’s website.

Assistance will be provided to those requiring accommodations for disabilities in compliance with the Americans with Disabilities Act of 1990. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility and/or accommodations to this meeting. [28 CFR 35.102-35.104 ADA Title II] Interested persons must request the accommodation at least 2 working days in advance of the meeting by contacting the City Clerk at (209) 941-7230. Information about the City or items scheduled on the Agenda may be referred to:

Teresa Vargas, MMC
Government Services Director / City Clerk
390 Towne Centre Drive
Lathrop, CA 95330
Telephone: (209) 941-7230
3 March 14, 2022 Lathrop City Council Regular Meeting Agenda Page 3

CITY OF LATHROP

CITY COUNCIL REGULAR MEETING
MONDAY, MARCH 14, 2022
7:00 P.M.

COUNCIL CHAMBER, CITY HALL
390 Towne Centre Drive
Lathrop, CA 95330
AGENDA
PLEASE NOTE: There will be a Closed Session commencing at 5:30 p.m. The Regular Meeting will reconvene at 7:00 p.m., or immediately following the Closed Session, whichever is later.

1. PRELIMINARY

1.1 CALL TO ORDER

1.2 CLOSED SESSION

1.2.1 CONFERENCE WITH LEGAL COUNSEL: Anticipated Litigation - Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(b)
 2 Potential Case(s)

1.2.2 CONFERENCE WITH REAL PROPERTY NEGOTIATORS: Pursuant to Government Code Section 54956.8
Project: Louise / McKinley Ave Intersection Project, CIP PS 15-02 Property: 16490 McKinley Ave (APN: 198-100-09)
Agency Negotiator: Stephen J. Salvatore, City Manager
Negotiating Parties: 1694 McLouise, LLC
Under Negotiation: Price and Terms of Purchase

1.2.3 CONFERENCE WITH LABOR NEGOTIATOR Pursuant to Government Code Section 54957.6
Agency Negotiator: Stephen J. Salvatore, City Manager
Employee Organization: Service Employees International Union (SEIU) Local 1021

1.2.4 CONFERENCE WITH LABOR NEGOTIATOR Pursuant to Government Code Section 54957.6
Agency Negotiator: Stephen J. Salvatore, City Manager
Employee Organization: Lathrop Mid-Managers and Confidential Employees Association (LMCEA)

1.2.5 CONFERENCE WITH LABOR NEGOTIATOR Pursuant to Government Code Section 54957.6
Agency Negotiator: Stephen J. Salvatore, City Manager
4 March 14, 2022 Lathrop City Council Regular Meeting Agenda Page 4 Unrepresented Employees: Chief Information Officer, Chief of Police, City Engineer, Director of Community Development, Director of Finance, Director of Government Services / City Clerk, Director of Human Services, Director of Parks, Recreation and Maintenance Services, Director of Public Works, Human Resources Manager, and Unrepresented Public Safety: Commanders, Sergeants, and Police Officers

RECONVENE

1.2.6 REPORT FROM CLOSED SESSION

1.3 ROLL CALL

1.4 INVOCATION

1.5 PLEDGE OF ALLEGIANCE

1.6 ANNOUNCEMENT(S) BY MAYOR / CITY MANAGER

1.7 INFORMATIONAL ITEM(S) – None

1.8 DECLARATION OF CONFLICT(S) OF INTEREST

2. PRESENTATIONS

2.1 LATHROP POLICE DEPARTMENT PROJECT UPDATE, CIP GG 21-11

2.2 MAYOR’S COMMITTEE REPORT(S)
 Parks, Recreation & Maintenance Services Update on Committee Events and Programs

3. CITIZEN’S FORUM
Any person desiring to speak on a matter, which is not scheduled on this agenda, may do so under Citizen’s Forum. Please submit a purple speaker card to the City Clerk prior to the commencement of Citizen’s Forum. Only those who have submitted speaker cards, or have expressed an interest to speak, prior to the conclusion of Citizen’s Forum will be called upon to speak. Please be aware the California Government Code prohibits the City Council from taking any immediate action on an item, which does not appear on the agenda, unless the item meets stringent statutory requirements. The City Council can, however, allow its members or staff to briefly (no more than five (5) minutes) respond to statements made, to ask questions for clarification, make a brief announcement or report on his or her own activities. (See California Government Code Section 54954.2(a)).

Unless directed otherwise by a majority of the City Council, all questions asked and not answered at the meeting will be responded to in writing within 10 business days. ALL PUBLIC COMMENTS MUST BE MADE IN COMPLIANCE WITH THE LATHROP CITY COUNCIL HANDBOOK OF RULES AND PROCEDURES!
5 March 14, 2022 Lathrop City Council Regular Meeting Agenda Page 5

4. CONSENT CALENDAR
Items on the Consent Calendar are considered routine by the City Council and will be enacted by one motion and one vote. There will be no separate discussion of these items unless the Mayor, Councilmember, or citizen so requests, in which event the item will be removed from the Consent Calendar and considered separately.

4.1 WAIVING OF READING OF ORDINANCES AND RESOLUTIONS
Waive the Reading in Full of Ordinances and Resolutions on Agenda and Adopt by Reading of Title Only, Unless Otherwise Requested by the Mayor or a Councilmember

4.2 APPROVAL OF MINUTES
Approve Minutes for the Special Council Meeting of January 13, 2022 and Regular Council Meeting of February 14, 2022

4.3 DECLARE CERTAIN VEHICLES AND EQUIPMENT SURPLUS PROPERTY AND

AUTHORIZE THEIR DISPOSAL
Adopt Resolution Declaring Certain Vehicles and Equipment Surplus Property and Authorizing Their Disposal

4.4 ACCEPT THE GENERAL PLAN HOUSING ELEMENT ANNUAL PROGRESS REPORT FOR CALENDAR YEAR 2021
Adopt Resolution Accepting the General Plan Housing Element Annual Progress Report for Calendar Year 2021 and Authorize Staff to Submit the Report to the Governor’s Office of Planning and Research and State Department of Housing and Community Development

4.5 APPROVE 2022 ONE VOICE TRIP PROJECT NOMINATIONS
Adopt Resolution Approving Staff Recommended Project Nominations for the 2022 San Joaquin One Voice Trip

4.6 APPROVE TASK ORDER NO. 27 WITH 4LEAF, INC. FOR INTERIM CHIEF

BUILDING OFFICIAL CONSULTING SERVICES
Adopt Resolution Approving Task Order No. 27 to Provide Interim Chief Building Official Consulting Services, Pursuant to Master Consulting Agreement dated September 21, 2015 with 4Leaf, Inc.

4.7 AWARD CONSTRUCTION CONTRACT TO AMERINE SYSTEMS INC. FOR THE

CITY HALL LANDSCAPE RENOVATION, CAPITAL IMPROVEMENT PROJECT GG 21-09 AND APPROVE RELATED BUDGET AMENDMENT
Adopt Resolution Awarding a Construction Contract to Amerine Systems Inc. for the City Hall Landscape Renovation, Capital Improvement Project (CIP) GG 21-09 and Approving Related Budget Amendment
6 March 14, 2022 Lathrop City Council Regular Meeting Agenda Page 6

RIVER ISLANDS CONSENT ITEM(S)

4.8 APPROVE JOINT USE AGREEMENT AND RELATED EASEMENT AGREEMENT

WITH BANTA UNIFIED SCHOOL DISTRICT
Adopt a Resolution Approving a Joint Use Agreement and Related Easement Agreement between the City of Lathrop and the Banta Unified School District

4.9 ACCEPT PUBLIC IMPROVEMENTS FOR TRACT 3833 VILLAGE “L” FROM

RIVER ISLANDS DEVELOPMENT, LLC
Adopt Resolution Accepting Public Improvements for Tract 3833 Village “L” from River Islands Development, LLC

5. SCHEDULED ITEMS

5.1 OUT-OF-STATE APPROVAL FOR THE 2022 SAN JOAQUIN COUNTY ONEVOICE TRIP Adopt Resolution Authorizing Out-of-State Travel for up to Two Councilmembers and the City Manager to Attend the 2022 San Joaquin County One Voice Trip to Washington D.C. from May 8-12, 2022 and Approval of Related Budget Amendment

5.2 BIENNIAL BUDGET FISCAL YEAR (FY) 2021 – 2022 MID-YEAR REPORT (YEAR 1)
Adopt Resolution Approving the Mid-Year Budget Report for Year 1 of the Biennial Budget Fiscal Year 2021-22 and Related Budget Augmentation Request

5.3 CONSIDER RESPONSE TO CITY RFP FOR A COMMERCIAL CANNABIS RETAIL

DISPENSARY IN THE CITY OF LATHROP
Review Response Received and Consider Selecting the Proponent to Proceed to the Next Step in the Application Process to Establish a Commercial Cannabis Retail Dispensary in the City of Lathrop

6. COUNCIL COMMUNICATIONS

6.1 COUNCILMEMBER DIALLO REFERRAL - Discussion on American Rescue Plan Act Funding

6.2 MAYOR & COUNCILMEMBER COMMITTEE REPORT(S)
 Central Valley Executive Committee/LOCC (Akinjo/Diallo)  Council of Governments (Lazard/Diallo)
 Integrated Waste Management Solid Waste Division (Akinjo/Torres-O’Callaghan)  Reclamation District 17 Joint Powers Authority (Salvatore)  San Joaquin Partnership Board of Directors (Salvatore)  San Joaquin County Commission on Aging (Zavala)
 San Joaquin Valley Air Pollution Control District (Akinjo/Dhaliwal)  Water Advisory Board (Torres-O’Callaghan/Lazard)
 Tri Valley-San Joaquin Valley Regional Rail Authority (Akinjo) 7 March 14, 2022 Lathrop City Council Regular Meeting Agenda Page 7  San Joaquin Area Flood Control Agency (Akinjo & Lazard)  LAFCo (Diallo)

6.3 MAYOR & COUNCILMEMBER COMMENT(S)

7. ADJOURNMENT
/Teresa Vargas/
Teresa Vargas, MMC
Government Services Director/City Clerk
8 ITEM 4. 2

CITY OF LATHROP

CITY COUNCIL SPECIAL MEETING
THURSDAY, JANAURY 13, 2022, 5: 30 P. M.

COUNCIL CHAMBER, CITY HALL
390 Towne Centre Drive, Lathrop, CA 95330

MINUTES

1. PRELIMINARY

1. 1 CALL TO ORDER - Mayor Dhaliwal called the meeting to order at 5: 37 p. m.

1. 2 ROLL CALL Present: Mayor Dhaliwal; Vice Mayor Lazard; Councilmembers: Akinjo and Torres- O' Callaghan

Absent: Councilmember Diallo

1. 3 PLEDGE OF ALLEGIANCE - Councilmember Akinjo led the pledge of allegiance.

2. SCHEDULED ITEMS

2. 1 APPROVAL OF RESOLUTION OF INTENTION TO ESTABLISH THE PROPOSED MOSSDALE TRACT ENHANCED INFRASTRUCTURE FINANCING DISTRICT" City Manager Stephen Salvatore introduced guest speakers Executive Director Chris Elias with the San Joaquin Area Flood Control Agency SJAFCA), and Project Consultant Seth Wurzel with Larsen Wurzel & Associates, Inc. City Manager Stephen Salvatore provided a summary of the item.

Executive Director Chris Elias and Project Consultant Seth Wurzel continued with the presentation, which included an overview of the SJAFCA Mossdale Program, strategic plan priority actions related to Mossdale Tract urban level of protection, Mossdale Tract funding and proposed Mossdale Tract Enhanced Infrastructure Financing District ( EIFD), membership to the Public Financing Authority, and summary of actions requested of the City Council related to the EIFD formation process. Consultant Jaime Gomes, Economic & Planning Systems, provided more information related to the EIFD formation and financing plan. A question and answer period followed.

Steve Dresser ( in person speaker) commented on the matter and expressed support for the item. Lawrence Abbott ( zoom speaker) commented on the matter, including future development, conservation of nature areas, and the formation of the proposed EIFD. City Manager Stephen Salvatore provided additional information related to the matter.

January 13, 2022 Lathrop City Council Special Meeting Minutes Page 1 9 On a motion by Mayor Dhaliwal, seconded by Vice Mayor Lazard, the City Council adopted Resolution 22- 5019 of Intention establishing an Enhanced Infrastructure Financing District ( EIFD) to finance the construction and/ or acquisition of capital improvements, establishing a Public . Financing Authority ( PFA), appointing two ( 2) Lathrop Council Members and two ( 2) public members to the PFA and authorizing certain other actions related thereto, by the following roll call vote, unless otherwise indicated:

Ayes: Akinjo, Lazard, Torres- O' Callaghan and Dhaliwal Noes: None

Absent: Diallo
Abstain: None

2. 2 RECEIVE INFORMATION ON THE LATHROP POLICE DEPARTMENT VEHICLES

AND PROVIDE FEEDBACK ON COLOR AND DESIGN
Incoming Chief of Police Raymond Bechler provided a brief presentation regarding the new Lathrop Police Department vehicles, a brief update on vehicles purchased, and the proposed off-white color scheme and design.

A question and answer period ensued. The City Council received the information and provided consensus on the proposed color scheme and design.

3. AD) OURNMENT — There being no further business, Mayor Dhaliwal adjourned the meeting at 6: 32 p. m.

Te esa Vargas, MMC
Clerk
This meeting was called by a majority ofthe City Council per Government Code Section 54956. 5.

Members of the public interested in addressing the City Council during this Special Meeting may address the item( s), which have been described in the notice of this Specia/ Meeting in accordance with Government Code Section 54954. 3( a).
anuary 13, 2022 Lathrop City Council Special Meeting Minutes Page 2 10 CITY OF LATHROP

CITY COUNCIL REGULAR MEETING
MONDAY, FEBRUARY 14, 2022
7: 00 P. M.

COUNCIL CHAMBER, CITY HALL
390 Towne Centre Drive
Lathrop, CA 95330
AGENDA
PLEASE NOTE: There was a C/osed Session, which commenced at 5:34 p.m. The Re4u/ ar Meetin4 reconvened at 7:07 p.m.

1. PRELIMINARY

1. 1 CALL TO ORDER - Mayor Dhaliwal called the meeting to order at 5: 34 p. m.

1. 2 CLOSED SESSION

1. 2. 1 CONFERENCE WITH LEGAL COUNSEL: Anticipated Litigation - Significant Exposure to Litigation Pursuant to Government Code Section 54956. 9( b)
3 Potential Case( s)
The following facts and circumstances known to plaintiff or plaintifFs regarding ( Gov. Code § 54956. 9( e)( 2))
Complaints by Councilmember Minnie Diallo Regarding
Communications with City Manager Stephen J. Salvatore.

1. 2. 2 CONFERENCE WITH REAL PROPERTY NEGOTIATORS: Pursuant to Government Code Section 54956. 8
Property: 7000 Michael Canlis Boulevard, French Camp, CA 95231 Agency Negotiator: Stephen ). Salvatore, City Manager
Negotiating Parties: County of San Joaquin
Under Negotiation: ease / Use Agreement
RECONVENE - Mayor Dhaliwal reconvened the meeting at 7: 07 p. m.

1. 2. 3 REPORT FROM CLOSED SESSION
In terms of the following facts and circumstances known to plaintiff or plaintiffs regarding ( Gov. Code § 54956. 9( e)( 2))
Complaints by Councilmember Minnie Diallo Regarding
Communications with City Manager Stephen J. Salvatore.

City' s Contract Legal Counsel Michael Colantuono reported that the City Council did not take an action in Closed Session, which required to be reported.

February 14, 2022 Lathrop City Council Regular Meeting Agenda Page 1 11 In terms of the remaining items listed under Item 1. 2, City Attorney Salvador Navarrete reported that direction was provided by the City Council; no other reportable action was taken.

1. 3 ROLL CALL Present: Mayor Dhaliwal; Vice Mayor Lazard; and Councilmembers: Diallo and Torres- O' Callaghan.

Absent: Councilmember Akinjo.

1. 4 INVOCATION - Pastor pon Britton, Grace Community Church, provided the invocation.

1. 5 PLEDGE OF ALLEGIANCE - Pastor pon Britton led the pledge of allegiance.

1. 6 ANNOUNCEMENT( S) BY MAYOR / CITY MANAGER - None

1. 7 INFORMATIONAL ITEM( S) - None

1. 8 DECLARATION OF CONFLICT( S) OF INTEREST - None

2. PRESENTATIONS

2. 1 PROCLAMATION DECLARING FEBRUARY AS BLACK HISTORY MONTH Mayor Dhaliwal presented the Proclamation declaring February 2022 as Black History Month to Lathrop resident Morris Barrier ( President of River Islands Riptide Football and Cheer Organization).

2. 2 INTRODUCTION OF NEW EMPLOYEES
City Manager Stephen Salvatore introduced Director of Human Resources Theresa Roland. Chief of Police Raymond Bechler introduced Police Commanders Kyle Oki and Stephen Sealy.

2. 3 LATHROP POLICE DEPARTMENT PROJECT UPDATE, CIP GG 21- 11 City Consultant Dr. Merlin Switzer ( Municipal Resource Consulting Group) and incoming City of Lathrop Chief of Police Raymond Bechler provided the presentation, which included an update on recruitments, equipment purchases, police vehicles, station modifications, property and evidence, joint City of Ripon and City of Lathrop dispatch center, and CLETS application status. City Manager Stephen Salvatore provided additional information.

February 14, 2022 Lathrop City Council Regular Meeting Agenda Page 2 12 3. CITIZEN' S FORUM
Michelle Maddon ( in person speaker) inquired about the transition progress between the San Joaquin County Sheriff's Office and incoming Lathrop Police Department staff. Incoming Chief of Police Raymond Bechler responded.

4. CONSENT CALENDAR
On a motion by Vice Mayor Lazard, seconded by Mayor Dhaliwal, the City Council approved the Consent Calendar, by the following roll call vote, unless otherwise indicated:

Ayes: Diallo, Lazard, Torres- O' Callaghan, and Dhaliwal Noes: None

Absent: Akinjo
Abstain: None

4. 1 WAIVING OF READING OF ORDINANCES AND RESOLUTIONS
Waived the reading in full of ordinances and resolutions on agenda and adopted by reading of title only, unless otherwise requested by the Mayor or a Councilmember.

4. 2 APPROVAL OF MINUTES
Approved Minutes for the Regular Council Meeting of January 10, 2022

4. 3 SECOND READING AND ADOPTION OF ORDINANCE 22- 431 OF THE CITY

OF LATHROP AMENDING VARIOUS SECTIONS TO THE LATHROP MUNICIPAL

CODE TO MODERNIZE, SIMPLIFY, AND STREAMLINE VARIOUS SECTIONS OF TITLE 17, ZONING CODE, AND TITLE 10, VEHICLES AND TRAFFIC ( TA21- 151) Waived full reading and adopted Ordinance 22- 431 by title only to update various sections to the Lathrop Municipal Code to modernize, simplify, and streamline various sections of Title 17, Zoning Code, and Title 10, Vehicles and Traffic ( TA- 21- 151).

4. 4 TREASURER' S REPORT FOR DECEMBER 2021
Pulled by Councilmember Diallo. A question and answer period ensued.

Deputy Finance Director Thomas Hedegard provided additional information.

Approved Quarterly Treasurer' s Report for December 2021.

4. 5 OPPOSE 2022 BALLOT INITIATIVE 21- 0042A1 " THE TAXPAYER PROTECTION AND GOVERNMENT ACCOUNTABILITY ACT"
February 14, 2022 Lathrop City Council Regular Meeting Agenda Page 3 13 Adopted Resolution 22- 5020 Opposing Initiative 21- 0042A1 " The Taxpayer Protection and Government Accountability Act" State Ballot Measure Restricting Voters' Input and Local Taxing Authority.

4. 6 APPROVE TASK ORDER NO. 26 WITH 4LEAF, INC. FOR STAFF

AUGMENTATION SERVICES IN THE BUILDING DIVISION
Adopted Resolution 22- 5021 approving Task Order No. 26 with 4LEAF, Inc. for staff augmentation services in the Building Division pursuant to Master Professional Services Consulting Agreement dated September 21, 2015 with 4LEAF, Inc.

4. 7 APPROVE FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR 271 LOTS IN TRACT 4105 WITHIN PHASE 1D OF THE CENTRAL LATHROP

SPECIFIC PLAN
Adopted Resolution 22- 5022 approving Final Map for Tract 4105 within Phase iD of the Central Lathrop Specific Plan, totaling 271 single- family lots and Subdivision Improvement Agreement with Lathrop Land Acquisition, LLC.

4. 8 AWARD CONSTRUCTION CONTRACT TO DIRT DYNASTY, INC. FOR THE

LATHROP ROAD AND HARLAN ROAD INTERSECTION IMPROVEMENTS, CAPITAL IMPROVEMENT PROJECT PS 21- 06 AND APPROVE RELATED

BUDGET AMENDMENT
Pulled by Councilmember Diallo. A question and answer period ensued.

Public Works Director Michael King provided additional information.

Adopted Resolution 22- 5023 awarding a Construction Contract to Dirt Dynasty, Inc. for the Lathrop Road and Harlan Road intersection improvements, Capital Improvement Project ( CIP) PS 21- 06, and approving related budget amendment.

4. 9 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
Adopted Resolution 22- 5024 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.

4. 10 ACCEPT 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
February 14, 2022 Lathrop City Council Regular Meeting Agenda Page 4 14 Adopted Resolution 22- 5025 accepting public improvements for Stanford Crossing Phase 1B Neighborhood Park located in Central Lathrop Specific Plan, and authorizing the release of bonds assaciated with Encroachment Permit No. 2021- 30.

5. SCHEDULED ITEMS

5. 1 REVIEW AND PROVIDE DIRECTION ON DESIGN OPTIONS FOR CIP PK 20- 02 MILESTONE MANOR PARK REVITALIZATION
Parks, Recreation and Maintenance Services Director Zach Jones provided the presentation. A question and answer period followed.

On a motion by Vice Mayor Lazard, seconded by Councilmember TorresO' Callaghan, the City Council discussed the proposed design options for CIP PK 20- 02 Milestone Manor Park revitalization project, and approved Resolution 22- 5026 approving Option 1 and the associated budget amendment, by the following roll call vote, unless otherwise indicated:

Ayes: Diallo, Lazard, Torres- O' Callaghan, and Dhaliwal Noes: None

Absent: Akinjo
Abstain: None

5. 2 PUBLIC HEARING ( PUBLISHED NOTICE) TO CONSIDER COMMUNITY

DEVELOPMENT BLOCK GRANT ( CDBG) AND HOME INVESTMENT

PARTNERSHIP ACT ( HOME) PROGRAM ALLOCATIONS FOR FISCAL YEAR 2022/ 2023
Economic Development Administrator Shelley Burcham provided the presentation. A question and answer period followed the presentation.

Public Works Director Michael King and Government Services Director/ City Clerk Teresa Vargas provided additional information regarding the City' s Informal Bidding Procedures.

Mayor Dhaliwal opened the public hearing. There were no speakers. Mayor Dhaliwal closed the public hearing.

On a motion by Councilmember Torres- O' Callaghan, seconded by Mayor Dhaliwal, the City Council considered the following:

Held a public hearing; and
Adopted Resolution 22- 5027 approving the following
recommended allocation of the CDBG and HOME Funds for FY 2022/ 2023 for consideration by San Joaquin County and the US Department of Housing and Urban Development ( HUD), as amended by Council to include an allocation of the $ Z0, 506 HOME Program funds to the Housing Rehabilitation Loan Program and $ 10, 000 to the GAP Loan Program for down payment assistance:

February 14, 2022 Lathrop City Council Regular Meeting Agenda Page 5 15 Public Service Or anizations Allocations
San Joa uin Fair Housin 1, 250. 00
Give Every Child a Chance ( GECAC) 5, 500. 00
Emer enc Food Bank of Stockton/ San Joa uin 1, 192. 80
SJC Dept. 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
Ayes: Diallo, Lazard, Torres- O' Callaghan, and Dhaliwal Noes: None

Absent: Akinjo
Abstain: None
Paul Camarena ( in person speaker) requested to comment on the matter after the Public Hearing closed.

5. 3 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
Government Services Director/ City Clerk Teresa Vargas announced public comment emails/ letters submitted by Jennifer McGrath ( Law Offices of Jennifer McGrath) and Corey Travis ( Zen Garden Wellness); both dated February 14, 2022, regarding Item 5. 3. City Attorney Salvador Navarrete provided the presentation. A question and answer period followed. Joseph Bennett ( zoom speaker) commented on the matter, expressed concern with the proposed permit requirements. The question and answer period continued. City Attorney Salvador Navarrete provided additional information.

On a motion by Mayor Dhaliwal, seconded by Councilmember Diallo, the City Council discussed the matter and:

Approved Resolution 22- 5028 approving a Cannabis Dispensary Selection Process and revised Merit- Based Selection Criteria, as amended to include language that would require applicants to have secured ownership or physical control over their proposed location, site plan, and floor plan in the RFP response and revised RFP deadline of March 8, 2022; and
Approved Resolution 22- 5029 approving an Appeal Procedure and Applicable Rules for Commercial Cannabis Activities in the City of Lathrop.

Ayes: Diallo, Lazard, Torres- O' Callaghan, and Dhaliwal Noes: None

Absent: Akinjo
Abstain: None
February 14, 2022 Lathrop City Council Regular Meeting Agenda Page 6 16 6. COUNCIL COMMUNICATIONS

6. 1 MAYOR DHALIWAL REFERRAL - Appointment of One ( 1) Member to the Measure C Oversight Committee, with Term Ending June 30, 2022, due to Unexpired Term Vacancy
Three ( 3) Applications Received
Mayor Dhaliwal made the following appointment, with term ending June 30, 2022, due to unexpired term vacancy, plus one ( 1) additional full term of three ( 3) years:

Measure C Oversiqht Committee Term Expires
Jim Hilson June 30, 2025
On a motion by Councilmember Diallo, seconded by Vice Mayor Lazard, the City Council approved the appointment made by Mayor Dhaliwal as noted above.

Ayes: Diallo, Lazard, Torres- O' Callaghan, and Dhaliwal Noes: None

Absent: Akinjo
Abstain: None

6. 2 COUNCILMEMBER DIALLO REFERRAL - Amendment to the City Council Handbook of Rules and Regulations to Consider Changes to the City Council Regular Meeting Schedule
Councilmember Diallo provided an overview. The City Council discussed the matter. There was no consensus from the City Council to agendize the matter requested in the referral. Michelle Maddon ( in person speaker) commented on the matter; expressed concern with meetings running late and requested staff look into ADA accessible play equipment for city parks.

6. 3 MAYOR & COUNCILMEMBER COMMITTEE REPORT( S) - None

6. 4 MAYOR & COUNCILMEMBER COMMENT( S)
Councilmember Torres- O' Callaghan expressed appreciation to staff and thanked those in attendance. Councilmember Diallo thanks public safety staff and wished everyone a happy new year. Vice Mayor Lazard and Mayor Dhaliwal thanked those in attendance and wished everyone a good night.

7. AD70URNMENT - There being no further business, Mayor Dhaliwa) adjourned the meeting at 9: 04 p. m.

C
resa Vargas, MMC
Government Services Director/ City Clerk
February 14, 2022 Lathrop City Council Regular Meeting Agenda Page 7 17 18
ITEM 4.3

CITY MANAGER' S REPORT
MARCH 14, 2022 CITY COUNCIL REGULAR MEETING
ITEM: DECLARE CERTAIN VEHICLES AND EQUIPMENT

SURPLUS PROPERTY AND AUTHORIZE THEIR

DISPOSAL
RECOMMENDATION: Adopt a Resolution Declaring Certain Vehicles and Equipment Surplus Property and Authorizing Their
Disposal
SUMMARY:

The City currently has three surplus vehicles and various pieces of equipment that have reached their useful life, have been replaced, or the repair costs exceed their fair market value.

The City' s policy regarding disposition of surplus property allows for surplus property to be sold at a sale or auction.

In the event that the property remains unsold, the City Council may choose to donate, discard or recycle the property. Via Council Resolution 21- 4831 the City Council declared surplus property with a value of $ 1, 500 or less to be de minimus and does not, therefore, create a gift of public funds. Council adopted a Donation Policy via the same resolution to allow the City to donate surplus City vehicles with a value of less than $ 1, 500 to local non- profits or charities.

BACKGROUND:

The City of Lathrop updated its policy regarding disposition of surplus vehicles on December 1, 2014 pursuant to Resolution 14- 3848 and staff recommends that the items listed on Attachment " B" be declared surplus property in accordance with this policy. All of these items have reached their useful life, have been replaced, or the cost of repair exceeds their value. Each item listed on the attachment has a brief description of the condition of each item. All of the listed items are ready to be declared surplus property for sale, recycling, or disposal.

According to City policy, if the market value of surplus items is greater than $ 5, 000, the Purchasing Officer shall present the listing of such assets to the City Council for action regarding their declaration as surplus. It has been determined that these items collectively could have a value greater than $ 5, 000.

Surplus vehicles will be sold at public auction by Nationwide Fleet Services pursuant to an existing contract. Surplus equipment will be donated, discarded or recycled if auction is not successful.
19 CITY MANAGER' S REPORT PAGE 2
MARCH 14, 2022 CITY COUNCIL REGULAR MEETING

DECLARE CERTAIN VEHICLES AND EQUIPMENT SURPLUS PROPERTY AND

AUTHORIZE THEIR DISPOSAL
In the event that the property remains unsold, the City Council may choose to donate, discard or recycle the property. Via Council Resolution 21- 4831 the City Council declared surplus property with a value of $ 1, 500 or less to be de minimus and does not create a gift of public funds. Council adopted a Donation Policy via the same resolution to allow the City to donate surplus City vehicles with a value of less than 1, 500 to local non- profits or charities. Surplus equipment will be discarded or recycled if all other disposal methods are not successful.

REASON FOR RECOMMENDATION:

Pursuant to City policy, at least once a year each Department Head shall conduct a review of inventory, goods and supplies utilized by that department and shall determine what items have become surplus. City staff has gathered a list of surplus items from all department' s which are included in Attachment B". These surplus assets have been reviewed and determined that their collective value could be greater than $ 5, 000. In addition, once the surplus items are discarded, it will help each department maintain storage space.

FISCAL IMPACT:

Any net revenues from the sale of these items will be returned to the City' s general fund.

ATTACHMENTS:

A. Resolution Declaring Certain Vehicles and Equipment Surplus Property and Authorizing Their Disposal
B. Surplus Inventory List
20 CITY MANAGER' S REPORT PAGE 3
MARCH 14, 2022 CITY COUNCIL REGULAR MEETING

DECLARE CERTAIN VEHICLES AND EQUIPMENT SURPLUS PROPERTY AND

AUTHORIZE THEIR DISPOSAL
APPROVALS:
b 3 02 2c ZZ
Tan ashan illam s Date
Accountant II
3/-/
rri s Date
Director of Finance
zo Z,t
Salvador Navarrete Date
City Attorney
9•ZZ
Step en J. Salvatore Date
City Manager
21 RESOLUTION NO. 22-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP

DECLARING CERTAIN VEHICLES AND EQUIPMENT SURPLUS PROPERTY AND

AUTHORIZING THEIR DISPOSAL
WHEREAS, the City of Lathrop has a policy that allows for the disposal of equipment and inventory with City Council approval; and WHEREAS, the City has surplus vehicles and equipment, which have reached their useful life, are inoperable, or the cost of repairs exceed their value; and WHEREAS, the City Council has reviewed the list of surplus items in which are to be auctioned, donated after meeting Donation Policy criteria, recycled, or discarded;
NOW, THEREFORE, BE IT RESOLVED that the City Council declares the items, as listed in Attachment B", to be surplus property and authorizes the City Manager to dispose of the surplus equipment and inventory.

The foregoing resolution was passed and adopted this 14th day of March, 2022, by the following vote of the City Council, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 22 ATTACHMENT B
Surplus Inventory List
March 14, 2022
Surplus Type: Vehicle/ Other
Surplus Reason Codes: A-No longer needed B- Reached useful life C- Replaced D-Cost to repair is higher than value E- Damaged/ not working
Surplus
Reason Qestription Yin/ 5eria! Numlaew
Code
Year/ Make/ Modet
Quanti DepC.

B Motorcycle
2009 BMW
Wg I 03880097114344 I PR
B103880097114344
B Vac- Con Truck I 994 Ford L8000 Diesel I FDYR82E I RVA42396 I PR B Vehicle 2012 Chevrolet Caprice 6G I MK5R38CL664308 I PR C Arrow Board Trailer 2003 Arolite I 5752 I S9A710133L358752 I PR A Small HAVAC Unit N/ A N/ A I PR
E Water Pump Trailer Neal N/ A I PR
E
Automatic Valve Exercising heeler N/ A I
PR
Trailer
A Walk Behind Trimmer riens 946150 006749 I PR
B Lawn Vacuum Billy Goat KD5 I I H 072303075 I PR
E Gas Powered Hedger Stihl H545 N/ A I PR
E Gas Powered Auger Stihl BT 120C N/ A I PR
E 5250 Watt Generator Companion 919- 32721 9912092919 I PR E 2000 Watt Portable Generator Generac iX2000 80275020 I PR E Concrete Planer EDCO CPM8 9383
PR
E Concrete Cutter ProCut NDLMM- 8- H 92H0367060101 I PR E Concrete Grinder EDCO 4 I I G- I I H 8254 I PR
E Gas Powered Weed Trimmer Stihl FS I I OR N/ A I PR
B Motorized Plumbing Snake Speedrooter 9 I C56A I OA40 I PR

23 ATTACHMENT B
Surplus Inventory List
March 14, 2022
Surplus Type: Vehicle/ Other Continued
Surplus Reason Codes: A-No longer needed B- Reached useful life C- Replaced D- Cost to repair is higher than value E- Damaged/ not working
Surplus
Reason ` Description YearlMake/ M+ cfel Yin/Seria! Number Quantxty Dept, ' Code
E Paint Striping Machine Newstripe
1000750
I PR
B Baseball Field Groomer Trailer Fieldmaster
N A
I PR
A Landscape Monument Lighting N/ A N/ A 3 PR
Surplus Type: Equipment
Surplus Reason Codes: A-No longer needed B- Reached useful life C- Replaced D- Cost to repair is higher than value E- Damaged/ not working
Surplus
Reason
Code Destri tian lfear/ Make/Model Vin/ Serial Number Quanti Dept :

C Natural Gas Electric Generator 1995 CAT CG 100 I PW

24 ATTACHMENT B
Surplus Inventory List
March 14, 2022
Surplus Type: Electronics
Surplus Reason Codes: A-No longer needed B- Reached useful life C- Replaced D- Cost to repair is higher than value E- Damaged/ not working
Surplus '<
Reason
Code Description Year/ Make/ Model Vin I 5eria! Number Quanti Dept B HP Elite Desk 800 N/ A 2UA4170Z3T I IT
B HP Elite Desk 800 N/ A 2UA4170YWC I IT
B HP Elite Desk 800 N/ A 2UA4170YXC I IT
B HP Elite Desk 800 N/ A MXL5241J4N I IT
B HP Elite Desk 800 N/ A 2UA43 I OSD2 I IT
B HP Elite Desk 800 N/ A 2UA4170Z5Y I IT
B HP Elite Desk 800 N/ A 2UA4170YX9 I IT
B HP Elite Desk 800 N/ A 2UA4150S4Z I IT
B HP Elite Desk 800 N/ A 2UA4310S7Y I IT
B HP Elite Desk 800 N/ A 2UA43 I OSCS I IT
B HP Elite Desk 800 N/ A 2UA5081 I L I I IT
B HP Elite Desk 800 N/ A 2UA43 I OS90 I IT
B HP Elite Desk 800 N/ A 2UA43 I OSFX I IT
B HP Elite Desk 800 N/ A 2UA43 I OSD9 I IT
B HP Elite Desk 800 N/ A MXL4231Q9J I IT
B HP Elite Desk 800 N/ A 2UA43 I OSDO I IT
B HP Elite Desk 800 N/ A MXL4231Q9T I IT
B HP Elite Desk 800 N/ A 2UA4150S4S I IT
B HP Elite Desk 800 N/ A 2UA5252NY3 I IT
B HP Elite Desk 800 N/ A MXL4231Q9M I IT
B HP Elite Desk 800 N/ A 2UA5081 I LW I IT

25 ATTACHMENT 6
Surplus Inventory List
March 14, 2022
Surplus Type: Electronics Continued
Surplus Reason Codes: A-No longer needed B- Reached useful life C- Replaced D- Cost to repair is higher than value E- Damaged/ not working
B HP Elite Desk 800 N/ A MXL5490XJ9 I IT
B HP Elite Desk 800 N/ A 2UA5081 IJZ I IT
B HP Elite Desk 800 N/ A 2UA5081 I HS I IT
B HP Elite Desk 800 N/ A 2UA4150S3Y I IT
B HP Elite Desk 8000 N/ A MXL0361 C94 I IT
B HP Elite Desk 8000 N/ A MXL02722J5 I IT
B HP Elite Desk 8000 N/ A MXL0361 CC5 I IT
B HP Elite Desk 8000 N/ A MXL036 I CC2 I IT
B HP Elite Desk 8000 N/ A MXL0361 CBR I IT
B HP Elite Desk 8000 N/ A MXL036 I CC3 I IT
B HP Elite Desk 8000 N/ A MXL02722J3 I IT
B HP Elite Desk 8000 N/ A MXL0361 C9C I IT
B HP Elite Desk 8000 N/ A MXL0361 CC4 I IT
B HP Elite Desk 8000 N/ A MXL0361 CB5 I IT
B HP Elite Desk 8000 N/ A MXL02722J7 I IT
B HP Elite Desk 8000 N/ A MXL0361 C9L I IT
B HP Elite Desk 8000 N/ A MXL0361 C9N I IT

26 ATTACHMENT B
Surplus Inventory List
March 14, 2022
Surplus Type: Electronics Continued
Surplus Reason Codes: A-No longer needed B- Reached useful life C- Replaced D- Cost to repair is higher than value E- Damaged/ not working
Surplus
Reason
Cod+e Description Year/ Make/ Model Yin/ Seria! Mumber ' Quantity Dept B HP Elite Desk 8200 N/ A MXL1232CDN I IT
B HP Elite Desk 8200 N/ A MXL I 291 QPL I IT
B HP Elite Desk 8200 N/ A MXL I 29 I QPQ I IT
B HP Elite Desk 8200 N/ A MXL125017F I IT
B HP Elite Desk 8200 N/ A MXL I 29 I QPN I IT
B HP Elite Desk 8200 N/ A MXL I 29 I QPK I IT
B HP Elite Desk 8200 N/ A MXL I 29 I QPP I IT
B HP Elite Desk 8200 N/ A MXL1232CDP I IT
B HP Elite Desk 8200 N/ A MXL I 291 QPJ I IT
B HP Elite Desk 8200 N/ A MXL I 232CFK I IT
B HP Elite Desk 8200 N/ A MXL1232CFC I IT
B HP Elite Desk 8300 N/ A MXL24901X3 I IT
B HP Elite Desk 8300 N/ A MXL24901 WP I IT
B HP Elite Desk 8300 N/ A 2UA31702R3 I IT
B HP Elite Desk 8300 N/ A MXL24901 W5 I IT
B HP Elite Desk 8300 N/ A MXL24901XB I IT
B HP Pro Desk 600 N/ A MXL6362LWT I IT
B POSX N/ A GZ I 400060 I IT
B Panasonic ToughBook N/ A 21TYA91317 I IT
B Surface Pro N/ A 67461431353 I IT
B Surface Pro N/ A 26604331353 I IT

27 ATTACHMENT B
Surplus Inventory List
March 14, 2022
B
Surface Pro N/ A 27206460453 I IT
B Surface Pro N/ A 24713460453 I IT
B Dell Optiplex 745 N/ A 425N691 I IT

28 ITEM 4.4

CITY MANAGER' S REPORT
MARCH 14, 2022 CITY COUNCIL REGULAR MEETING
ITEM: ACCEPT THE GENERAL PLAN HOUSING ELEMENT

ANNUAL PROGRESS REPORT FOR CALENDAR YEAR
2021
RECOMMENDATION: Adopt a Resolution Accepting the General Plan Housing Element Annual Progress Report for
Calendar Year 2021 and Authorize Staff to Submit
the Report to the Governor' s Office of Planning and
Research and State Department of Housing and
Community Development.

SUMMARY:

The purpose of the APR is to provide the City Council and the State with the City' s progress on the General Plan Housing Element' s implementation programs and status towards meeting the City' s fair share of the Regional Housing Needs Allocation RHNA).

Each year, California cities are required to prepare an annual progress report ( APR) on the status of implementing the General Plan Housing Element, and to submit the report to the State Department of Housing and Community Development ( HCD) and the Governor' s office of Planning and Research ( OPR). Using a form provided by HCD, Staff provides data to create a snapshot of housing production across affordability levels, a listing of development applications received, and an update on housing program implementation. The annual progress report must be provided to the City Council for review and authorization prior to sending to the State.

BACKGROUND:

The City Council adopted the City' s Housing Element on December 9, 2019 and received certification by HCD on February 7, 2020. The Housing Element is one ( 1) of seven ( 7) mandated elements of the City' s General Plan and includes information related to the City' s existing housing needs, an analysis of the City' s population and employment trends, household characteristics, an inventory of land suitable for residential development and goals, policies and programs intended to meet the identified housing needs and state- mandated requirements.

Under California Government Code Section 65400( 2), Planning Staff is required to prepare a General Plan Housing Element Annual Progress Report for review by the City Council and submittal to OPR and HCD by April lst of each year. City Staff has already submitted the APR to meet the April 15t requirement. Staff will forward the City Council Resolution, if approved. HCD has a grace period of up to sixty ( 60) days past the deadline to submit the APR.
29 CITY MANAGERS REPORT PAGE 2
MARCH 14, 2022 CITY COUNCIL REGULAR MEETING

HOUSING ELEMENT ANNUAL PROGRESS REPORT
As part of the update to the City' s Housing Element, the City is required to identify sites to accommodate its fair share of the RHNA, as established by HCD and managed by the San Joaquin Council of Governments ( SJCOG).

In summary, the RHNA process allocates the State' s future housing needs to each County. The State HCD identifies housing needs for each region in response to projected population and household growth, and mandates that each Council of Governments ( COG) distribute the RHNA to each jurisdiction ( Cities and Counties).

The City' s 2019 Housing Element update identified a number of sites that could accommodate the City' s fair share of the RHNA, in all income categories. The following table represents the City' s RHNA ( excerpt from the 2019 General Plan Housing Element):

TABLE: REGIONAL HOUSING NEEDSQLIOCATION( ZO' I4- ZOz3 PROGRESS Status Extrernely Very low Law Maderate
Above
TOTAL
Eaw Moderate
RHNA Allacatian 52b 493 759 957 2, 421 5, 156
Bttilt 0 0 0 24' 1, 571 1, 600
Under Co strur.tiont
a p 191 147
PerrtS ittetf
Remainin Allocefion 526 493 754 428 653 3, 354
J( AiCLtJDE518 tIOMF.'S pU1LT lN ZQI ANU 9! iO,Nb:S CtC!! L7"IN,2 11$ 5'Gl.0 AT bfARHkT^RATE' VRt,f.ES AfiVt)R!)ASL6' TO MODERAT'E' tNf,pM£ ftOfJS£s11 ULUS n+p tmctupes2 ADU.s erettrrx 2017nxcr 20t6
104 B(JNGAG4W UNtF Af2E IINDE'R C(1N57RUb7fON! Y RfVEX ISLAa4°OS; TJIESE OMI7S W7LL BE MONlTfJR U AS 7'NE OE'MSI'PY AND S/`L6'( 7P' THt' U.Nt75 MAY" YIECU MAXKET- 21TE 5ALESYRICES Aft'ORDABLb' f'p MODEXA'I`E/ 1df: ME ftOtISE'tlL LUS.

TFtENE IS PNE PpTE'NTtAL FOR SDM& QR ALt t)f'TN' AYPR!) VE. SQ MUt, 7( PAMltY 11NJTS T'0 SE' Db'V LOPB'U. AS AF'F'ORUABL6' l/R'(' l:, tF' 77fE DEY!_LOPL`R SEL' KS riLtAf' f7p/ VA/, F' tING1NC> OR 5Et tS pNEC) R MOHE OF 7Nk' F' Ntl( k'C' 73 Ti) AY t3F60RDAHLb" H!) tfSlNG lJf:' VF.'GOPtfR. btIRCF:$ AN fOAt;(JfY COlJNClE OFriOYERNAQI' NT:S, c l¢;'LILLOW.C'OAt; Cli`YUt`LA771Rpl; 2Q1 Each income category is defined as a percentage of the Area Median Income ( AMI), as established by HCD which is currently $ 74, 988 for a four- person household. The income categories are then used to calculate housing affordability for rental and owner occupied housing. Each income category is defined as follows:

Extremely Low Income Households have a combined income at or lower than 30 percent of AMI.

Very Low Income Households have a combined income between 30 and 50 percent of AMI.

Low Income Households have a combined income between 50 and 80 percent of AMI.

Moderate Income Households have a combined income between 80 and 120 percent of AMI.

Above Moderate Income Households have a combined income greater than 120 percent of AMI
30 CITY MANAGERS REPORT PAGE 3
MARCH 14, 2022 CITY COUNCIL REGULAR MEETING

HOUSING ELEMENT ANNUAL PROGRESS REPORT
The State Income Limits, as illustrated in the City' s 2019 Housing Element are as foilows:

TaeiE 30: STATE INtOME LIMlTS- SAN JOAQUIN COUNT7( ZO19 tncome Group 1 Person i 2 Person 3 Peaon 4 Person 5 Person b Person 7 Persan 8 Person Extremely to v 4, 700 ; 51b, 9 0 ; 521, 330 : 25, 75Q $ 30, 170 $ 34, 590 $ 34, 010 ; $ 43, 430 Very Lo v 24, 5Q0 28, 000 31, 500 $ 35, 004 j $ 37, 800 $ 40, 600 $ 43, 400 S4b, 200 la v 39, 200 ' 44, 800 ' $ 50, 40d `• $ 56, OflQ ' $ b0,500 ' $ 65, 000 ' gb4, 454 • $ 1A, 950 Moderate 560, OOU ! 568, 550 ! 77, 15p ! $ 85, 700 ! $ 92, 550 ! 599, 400 ! 5106, 250 ! 113, 100 Above Mc derate SQ, OOfl+ : , 68, 55Q+ ! $ 77, 150+ • $ 85, 700+ ' $ 92, 550+ ' $ 99, 4pp+ : 106,250+ ' 3113, 1d0+ S« uxr: e.: Nr r srnr4 arro Cr1 w r 1rrtrr Dsv u r rE vr Oc t nxr t r, 2(119 In order to provide an idea of affordable housing costs by income group, affordable home sale prices are estimated for one, two, four, and six person households.

TASLE" I: HQUSIN6 AFFORDABILITY BY INCOME GRQUP
One Persan ; Two Person Four Person ' Six Persan
Hame onthly
m
Monthly Ham Manthly ; Home Monthly
Incame Group Rent or Rent or Rent a Rent ar
Sate
Hausing ;
aie*
Hausing ;
Sale*
ausing ;
Safe {
ousing Price* Price Price Price
Cosi Cost Cost Cost
Extremely Lo t ' 51, 14 t? $ 3b7 58, 100 $ 422 ' 86, 004 643 ' 114, 900 864 Very low 89, 000 612 $ 100, 4 0 , 70t j 123, 100 815 141, 200 1, 015 lota 138, 000 9 0 ; $ 155, b04 1, 120 ; 19Q, 904 1, 90Q ; 219, 2t10 1, 625 Mo lerate 22b. b00 1, 5Q0 '. 255, 5 4 1, 713 ! $ 313, 400 2, 342 ' $ 354, bt 0 52, 485 Above Moderate $ 226, bQ0+ 1, 50+ 255, 500+ $ 1, 713+ i $ 313, 400+ $ 2, 142+ $ 359, bd0+ ' 2, 485+ 11 AX1MiJM AFF( RDAHLE SAI.ES P1tICE fS 6ASE"U t7N TNE fOLLp4YtNGASStiMPTtf) N5: SQ/`ri INTERt_'ST HA1' F.,.3O- Yk."AH F°tXb'D LOAN, IIOWNPAYNh.`N7:
ri, 17 1p- b:XT"REMk'LY Lt Ft;.' 1 C7( JQ- YEHY LGLt;',$ IS,(. 1- L04Y,, d'$, QOI`1- Mt)pF.RA7'E, I'KE) YE'RTY TA UTtLt 71E"S, AND Hf3MF,flkYrt ERS JNSfJNANCE A.5 3O CJF' MDNT' HLY Ft[.tU51N EOSF'( fY"!' HEWE"LY LOW,'` i OF' MON'/" MLY tJ005hYG C'f S' 7' LOiY, AND Z$ Wii( Jt"ME) N' fHt}` flOdJSl. N6 CC1S7` MOb6'HA7"E ABl1Vt.'MX) ERA`fF`,. HfIMES5At.6.S PR!!,' tmS AH' Rt)tlNDtip Tn NE.AN£S7"$ 100.

SorrRc:: D Navu Pc i!+vr! vc Gsr ut; 2019
An excerpt from the City' s 2019 General Plan Housing Element related to RHNA, state income limits, and housing affordability is attached to this Staff Report as Attachment

3. The forms provided by HCD were originally adopted in 2010 and have recently been updated pursuant to Assembly Bill 879 ( AB 879) and Senate Bill 35 ( SB35), which now include information related to the number of development applications received and approved and list of sites rezoned to address RHNA shortfall. 31 CITY MANAGERS REPORT PAGE 4
MARCH 14, 2022 CITY COUNCIL REGULAR MEETING

HOUSING ELEMENT ANNUAL PROGRESS REPORT
In summary, the forms require the following information:

Status of the plan and progress in its implementation
Progress in meeting its share of the regional housing needs The number of housing development applications received in the prior year The number of units included in all development applications in the prior year The number of units approved and disapproved in the prior year The degree to which its approved general plan complies with the adopted General Plan guidelines
Locally owned or controlled lands declared surplus pursuant to Government Code Section 54221, or identified as excess pursuant to Government Code Section 50569.

The Planning Commission considered the Housing Element Annual Progress Report for Calendar Year 2021 at their February 16, 2022 meeting. At the conclusion of the public meeting, the Planning Commission voted 4- 0 to recommend the City Council accept the Housing Element Annual Progress Report for Calendar Year 2021 and authorize staff to submit the report to OPR and HCD ( Attachment 4).

ANALYSIS:

Staff has prepared the 2021 Lathrop Housing Element Annual Progress Report, included as Attachment 2.

New Applications Received
The City received nineteen ( 19) residential entitlement applications for new residential development that may result in 1, 738 new dwelling units. The City received and processed the following applications in 2021:

River Islands
Van Daele Veranda 101 single- family dwelling units
Signature Homes Cardiff 94 single- family dwelling units Kiper Homes Catalina II 93 single- family dwelling units Kiper Homes Balboa 77 single- family dwelling units
Van Daele Village CC West 108 single- family dwelling units Trumark Homes Avalon 57 single- family dwelling units
New Home Waypointe 94 single- family dwelling units
Trumark Homes Avalon Point 69 single- family dwelling units Pulte Homes Village HH 91 single- family dwelling units Pulte Homes Village GG 110 single- family dwelling units Kiper Homes Skye 155 single- family dwelling units
Tri Pointe Homes The Cove 77 single- family dwelling units 32 CITY MANAGERS REPORT PAGE 5
MARCH 14, 2022 CITY COUNCIL REGULAR MEETING

HOUSING ELEMENT ANNUAL PROGRESS REPORT
Central Lathrou
Richmond American Encore 104 single- family dwelling units D. R. Horton Cascade 100 single- family dwelling units
Taylor Morrison Legacy 107 single- family dwelling units Tri Pointe Journey 81 singie- family dwelling units
KB Home Iron Pointe 98 single- family dwelling units
Richmond American IV 113 single- family dwelling units
East Lathrou
TSM- 21- 15 Warren Avenue 7 single- family residential lots TPM- 21- 76 997 J Street 2 single- family residential lots New Home Construction
The City issued a total of 1, 129 residential building permits in 2021, which represents an increase of 295 more than 2020 ( total of 827 building permits issued in 2020).

Of the 1, 129 residential building permits, 950 are single- family residential units and are considered " Above Moderate" affordability. The remaining 179 residential building permits are for multi- family dwelling units ( apartments) ( 172 units) and accessory dwelling units ( 7 units) and are considered " Moderate" affordability.

The graphic below illustrates permits issued for single- family and multi- family residential development by quarter and location:

ESIDENTIAL UF' DATE 1, 122 Residential
Permits Issued
New Single Family Dwelling Unit Permits Issued YTD* = 879 Jan— Dec 2Q21 Multi Family Dwelling Unit Permits Issued YTD* = 243
r._ .._. _....____..

Calendar Yea 2Q21
SFDU iytFDU 1 By Development
aso
r
3 156 River Islands- SF
p Stanford Crossing- SF
200 o River Islands- MF
540 Mossdale Apts- MF
150
Towne Centre- MF
1E7Q
50 339
4 e
1Q21 2Q21 3Q21 4Q21
Revised 11/ 21j2011
r// 1' "; „
z';,,; y lYa i%/y ,/ iii
r
M Ir e
1 !
33 CITY MANAGERS REPORT PAGE 6
MARCH 14, 2022 CITY COUNCIL REGULAR MEETING

HOUSING ELEMENT ANNUAL PROGRESS REPORT
Progress Towards Meeting RHNA
As illustrated in Table B of the HCD Forms below, the City has issued 2, 409 building permits for residential development for the 2014 - 2023 Housing Element Planning Period.

RHNA Total
Total
Allocation Units
Remaining
Income Level by 2015 2016 2017 2018 2019 2020 2021 pa°e RHNA by
Income Income
Level all
Level
years)
Deed
Restricted
Non- 1019 1019
Deed
Ver Low Restricted
Deed
Restricted
Non- 759 759
Deed
Low Restricted
Deed
Restricted
Non- 957 327 630
Deed 48 179
Moderate Restricted
Above
Moderate
2421 343 170 297 383 389 679 950 3, 221
Total RHNA 5156
Total Units 343 170 297 383 389 827 1, 129 3, 538 2, 408 CEQA Review:

The proposed Housing Element Annual Progress Report for Calendar Year 2020 is not considered a project as prescribed by the California Environmental Quality Act CEQA). This report does not authorize construction of any housing. However, the housing units reported as being permitted for construction are subject to their individual environmental review document previously established, reviewed and approved by the City.
34 CITY MANAGERS REPORT PAGE 7
MARCH 14, 2022 CITY COUNCIL REGULAR MEETING

HOUSING ELEMENT ANNUAL PROGRESS REPORT
RECOMMENDATION:

The Planning Commission and staff recommend that the City Council consider all information provided and submitted, take and consider all public testimony and, if determined to be appropriate, take the following actions:

Adopt the proposed resolution to accept the Housing Element Annual Progress Report for Calendar Year 2021 and authorize staff to submit the report to the OPR and HCD.

FISCAL IMPACT:

The request has no fiscal impact to the City other than staff time to prepare the report.

ATTACH M E NTS:

1. Resolution for Housing Element Annual Progress Report for Calendar Year 2021

2. Housing Element Annual Progress Report for Calendar Year 2021

3. Affordability & RHNA Explanation. Excerpt from the City' s 2019 General Plan Housing Element

4. Planning Commission Resolution No. 22- 1
35 CITY MANAGERS REPORT PAGE 8
MARCH 14, 2022 CITY COUNCIL REGULAR MEETING

HOUSING ELEMENT ANNUAL PROGRESS REPORT
APPROVALS:
z zZ
David Niskanen Date
Contract Planner
2 !7 20 2Z
M rk M iss r Da e
Communit Development Director
ZZ . oZZ
Salvador Navarrete Date
City Attorney
Z3• 22
S p en J. Salvatore Date
City Manager
36 RESOLUTION NO. 22-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP ACCEPTING

THE GENERAL PLAN HOUSING ELEMENT ANNUAL PROGRESS REPORT FOR CALENDAR YEAR 2021 AND AUTHORIZING STAFF TO SUBMIT THE REPORT

TO THE GOVERNOR' S OFFICE OF PLANNING AND RESEARCH AND THE

CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT WHEREAS, California Government Code Section 65400( 2) requires the planning agency to provide an annual report to the City Council, the Governor' s Office of Planning and Research and the State Department of Housing and Community Development ( HCD) regarding progress toward implementation of the housing element of the general plan; and
WHEREAS, planning staff has prepared an annual progress report for the calendar year 2021, utilizing the prescribed forms and instructions provided by the State Department of Housing and Community Development; and WHEREAS, the Planning Commission held a public meeting and adopted Resolution No. 22- 1, recommending the City Council accept the report and authorize staff to submit the report to the Governor' s Office of Planning and Research and the State Department of Housing and Community Development; 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, its findings above and pursuant to its independent review and consideration, hereby receives and accepts the annual progress report on the Housing Element, attached and incorporated by reference herein, and authorizes staff to forward the report to the Governor' s Office of Planning and Research and the State Department of Housing and Community Development pursuant to Government Code Section 65400( 2). 37 PASSED AND ADOPTED by the City Council of the City of Lathrop at a regular meeting on the 14t" day of March, 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 38 i 1' i T ,
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60 ZO19 HOUSING ELEMENT BACKGROUND REPORT
TABLE 29: RENTAL RATES BY NUMBER OF BEDROOMS
2019 Rental Survey Census Data
Bedroom Type Units
Range
Median Rent Median Rent
Available 2017) 2000)
Studio 0 N/ A 500
1 bed 0 N/ A 745 625
2 bed 2 1, 395 979 750
3 bed 7 1, 400-$ 2, 500 1, 518 800
4 bed or more 11 2, 095-$ 3, 650
1, 846( 4) I
N/ A
2, 380( 5+)
SOURCF.': US CENSUS, 2000; US CFNsusACS, 2013- 2017,• Za ow. con-t, 2019, CRAIf, SLl57: COM, 2019 Housing Affordability
Income Groups
The California Department of Housing and Community Development( HCD) publishes household income data annually for areas in California. Table 30 shows the maximum annual income level for each income group adjusted for household size for San Joaquin County. The maximum annual income data is then utilized to calculate the maximum affordable housing payments for different households ( varying by income level) and their eligibility for housing assistance programs.

ExtremelyLowlncomeHouseholdshaveacombinedincomeatorlowerthan30% ofareamedianincome( AMI), as established by the state Department of Housing and Community Development( HCD).

Very Low Income Households have a combined income between 30 and 50% of AMI, as established by HCD.

Low Income Households have a combined income between 50 and 80% of AMI, as established by HCD.

Moderate Income Households have a combined income between 80 and 120°/a of AMI, as established by HCD.

Above Moderate Income Households have a combined income greater than 120% of AMI, as established by HCD.

TABLE3O: STATEINCOMELIMITS- SAN. JOAQUINCOUNTY( ZO19
Income Group 1 Person 2 Person 3 Person 4 Person 5 Person 6 Person ; 7 Person 8 Person Extremely Low 14, 700 $ 16, 910 $ 21, 330 $ 25, 750 $ 30, 170 $ 34, 590 $ 39, 010 $ 43, 430 Very Low 24, 500 $ 28, 000 $ 31, 500 $ 35, 000 $ 37, 800 $ 40, 600 $ 43, 400 j $ 46, 200 Low 39, 200 ' $ 44, 800 • $ 50, 400 • $ 56, 000 ' $ 60, 500 ' $ 65, 000 : $ 69, 450 ' $ 74, 950 Moderate 60, 000 ! $ 68, 550 $ 77, 150 $ 85, 700 ! $ 92, 550 ! $ 99, 400 $ 106, 250 ! $ 113, 100 Above Moderate $ 60, 000+ ' $ 68, 550+ ' $ 77, 150+ ' $ 85, 700+ ' $ 92, 550+ ! $ 99, 400+ ' $ 106, 250+ ' $ 113, 100+ SOURCF.: HOUSI NG AND COMMUNITY DEVELOPMENT DEPAH7' MEN7; 2O2 9 Housin AffordabilitX
Table 31 shows the maximum rents and sales prices, respectively, that are affordable to very low, low, moderate, and above moderate- income households. Affordability is based on a household spending 30% or less of their total household income for shelter. Affordability is based on the maximum household income levels established by HCD Table 30). The annual income limits established by HCD are similar to those used by the US Department of Housing and Urban Development( HUD) for administering various affordable housing programs. In order to provide an idea of affordable housing costs by income group, affordable home sales prices are estimated for one, two, four, and six person households ( see Table 29). Maximum affordable sales price is based generally on the following assumptions: 5% interest rate, 30-year fixed loan, and downpayments that vary with income level, as described in Table 31.

Comparing the maximum affordable housing costs in Table 31 to the rental rates in Tables 28 and 29, rental rates in Lathrop are generally affordable to moderate income households oftwo or more persons and to above moderate income 35 61
ZO 9 HOUSING ELEMENT BACKGROUND REPORT
households. While there are some units affordable to extremely low, very low, and low income households, there is a very limited number of the more affordable units. The median rental rates reported by 2013- 2017 ACS( Table 29) are in the affordability range of low, moderate, and above moderate income households. The 2019 rental survey indicated thatthere are currently is a limited number of smaller rental units( studio, 1 bedroom, and 2 bedroom units) in Lathrop that are affordable to very low and low income households, butthat there are units affordable to low income households with 4 or more persons as well as to moderate and above moderate income households of all sizes. The majority of available rentals were larger units; there were no studio or 1 bedroom units listed for rent and onlytwo 2- bedroom units.

Moderate and above moderate income households can afford a broad range of available housing.

Similarly, homes for sale in athrop are affordable to moderate and above moderate income households, based on a comparison of Tables 27 and 31. There is a small number of units, all mobile homes, affordable to very low and low income households. Current home sales prices are not affordable to extremely low income households.

TABLE 3' I: HOUSING AFfORDABiLITY BY INCOME GROUP
One Person Two Person Four Person Six Person
Home Monthly ; Home Monthiy ; Home Monthly ; Home Monthly Income Group Rent or Rent or Rent or Rent or
Sale
Housing
Sale*
Housing ;
Sale*
g
Sale*
Price* Price Price
Housin
price Housing
Cost Cost Cost Cost
Extremely Low $ 51, 100 $ 367 $ 58, 100 $ 422 $ 86, 000 $ 643 $ 114, 900 $ 864 Very Low 89, 000 $ 612 $ 100, 400 $ 700 $ 123, 100 $ 875 $ 141, 200 $ 1, 015 Low 138, 000 $ 980 ; $ 155, 600 $ 1, 120 $ 190, 900 $ 1, 400 ; $ 219, 200 $ 1, 625 Moderate 226, 600 $ 1, 500 '. $ 255, 500 $ 1, 713 $ 313, 400 $ 2, 142 '. $ 359, 600 $ 2, 485 Above Moderate $ 226, 600+ $ 1, 500+ $ 255, 500+ $ 1, 713+ $ 313, 400+ $ 2, 142+ $ 359, 600+ $ 2, 485+ MAXIMI/ M AFFORDABLE SALES PRICE/ S BASED ON THE FOLLOWING ASSUMPTIONS:$%( N%'ERF.'ST RATE; 3O- YEAR F/XED LOAN, DOWNPAYMENT:

OOO- EX7"HEMEGY LOW,. S IO, OOO- VERY LOW,'$ 1 S, OOO- LOW,$ Z$, OOO- MODERATE, PROPERTY TAX, UTILITIF. S, AND HOMEOWNF. HS INSURANCE AS 3O% OF' MONTHLY HOUSING COST EXTRF.MF.LY LOW, 28% OF MONTHLY HOUSING CO.ST LOW, AND ZS% OF MONTHLY NOUSING COST MODF.RATE ABOVE MODF.'RATE. HOMES SALES PRICF.S ARE ROUNDED TO NEAREST$ 1 OO.

SOURCE: DE NOVO PLANNING GROUP, 2O2 9
Affordable Housing Inventory
There are no subsidized or otherwise rent- restricted affordable multifamily complexes in Lathrop.

Mobile Home Parks
Lathrop has four mobilehome parks with a total of 259 spaces, as listed below. None of the mobilehome parks are restricted to lower income households, however, mobilehomes typically present a lower cost housing option.

Lathrop Sands, 15550 S. Harlan Road- 36 spaces
Walnut Grove Mobile Home Park, 365 E. Louise Avenue- 54 spaces Camino Real Mobile Estates, 15820 S. Harland Road- 167 spaces Harlan Park, 11424 S. Harlan Road- 2 spaces

FUTURE HOUSING NEEDS
A Regional Housing Needs Plan( RHNP) is mandated by the State of California( Government Code[ GC], Section 65584) for regions to address housing issues and needs based on future growth projections for the area. The RHNP for San Joaquin County is developed by the San Joaquin Council of Governments ( SJCOG), and allocates a " fair share" of regional housing needs to individual cities and unincorporated county. The intent of the RHNP is to ensure that local jurisdictions address not only the needs of their immediate areas but also that needs for the entire region are fairly distributed to all communities. A major goal ofthe RHNP is to assure that every community provides an opportunity for a mix of affordable housing to all economic segments of its population. 36 62
ATTl C F- I M E N T " 3 `
Jurisdiction Lathrop
Reporting Year 2021 Jan. 1 - Dec. 31)
Planning Period 5th Cycle i2/31/ 2oi5- 12/ 3/ 2023
Building Permits ssued by Affordability Summary
Income Level Current Year
Deed Restricted p
Very Low
Non- Deed Restricted 0
Deed Restricted p
Low
Non- Deed Restricted p
Oeed Restricted p
Moderate
Non- Deed Restricted 79
Above Moderate 950
Total Units 1129
Note: Units serving extremely low- income households are included in the very low- income permitted units totals Units by Stru re Type Entitled Permitted Completed
SFA 0 0 0
S F D 0 950 0
2to4 0 0 0
5+ 0 0 0
ADU 0 7 0
MH 0 0 0
Total 0 957 0
Housiag Applic:` Snmmary r= J,N?;: p t;
Total Housing Applications Submitted: 20
Number of Proposed Units in All Applications Received: 1, 738 Total Housing Units Approved: 1, 738
Total Housing Units Disapproved:

Use of SB 35 Streamlining Provisions
Number of Applications for Streamlining
Number of Streamlining Applications Approved p
Total Developments Approved with Streamlining p
Total Units Constructed with Streamlining
Units Constructed- SB 35 Streamlining Permits
Income Rental Ownership Total
Very Low 0 0 0
Low 0 0 0
Moderate 0 0 0
Above Moderate 0 0 Q
Total 0 0 0
Ceils in grey contain auto- calculation formulas
63 ATT CH IENT " y ,•

CITY OF LATHROP
PLANNING COMMISSION RESOLUTION NO. 22- 1

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LATHROP

RECOMMENDING CITY COUNCIL RECEIVE AND ACCEPT THE HOUSING ELEMENT ANNUAL PROGRESS REPORT FOR CALENDAR YEAR 2021 AND

AIITH RIZE STAFF TO SUBMIT THE REPORT TO THE GOVERNOR' S OFFICE OF

PLANNING AND RESEARCH AND THE CALIFORNIA DEPARTMENT OF

HOUSING AND COMMUNITY DEVELOPMENT
WHEREAS, California Government Code Section 65400( 2) requires the planning agency to provide an annual report to the City Council, the Governor' s Office of Planning and Research OPR), and the State Department of Housing and Community Development ( HCD) regarding pragress toward implementation of the housing element of the general plan; and WHEREAS, planning staff has prepared an annual progress report for the calendar year 2021, utilizing the prescribed forms and instructions provided by HCD; and WHEREAS, the Planning Commission has reviewed all written evidence and oral testimony presented to date.

NOW, THEREFORE, BE IT RESOLVED that the Planning Commission 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 recommend the City Council receive and accept the annual progress report on the Housing Element for Calendar Year 2021, attached and incorporated by reference herein, and authorize staff to farward the report to the Governor' s Office of Planning and Research and the State Department of Housing and Community Developmenk pursuant to Government Code Section 65400( 2).

Planning Commission Resolution No. 22- 1 Page 1 of 2
64 PASSED AND ADOPTED by the Planning Commission of the City of Lathrop at a regular meeting on the 16` h
day of February, 2022 by the following vote:

AYES: Dresser, Rhodes, Ishihara, Gatto
NOES: None
ABSTAIN: None
ABSENT: Ralmilay
Steve Dresser, Chair
ATTEST: APPROVED AS TO FORM:
rk issner, Se retary Salvador Navarrete, City Attorney
Planning Commission Resolution No. 22- 1 Page 2 of 2
65 66
ITEM 4.5

CITY MANAGER' S REPORT
MARCH 14, 2022 CITY COUNCIL REGULAR MEETING
ITEM: APPROVAL OF 2022 ONE VOICE TRIP

PROJECT NOMINATIONS
RECOMMENDATION: Adopt Resolution Approving Staff
Recommended Project Nominations for
the 2022 San Joaquin One Voice Trip
SUMMARY:

The City received a request from the San Joaquin Council of Governments ( SJCOG) to provide the City' s top two priority projects to be included in the list of projects to be presented at the annual One Voice Program in Washington, D. C. on May 8- 12, 2022. Each jurisdiction in the County is allowed to submit two projects, one regional transportation priority project and one local priority project that may be either transportation or non- transportation.

The projects submittal is due by April 4, 2022. SJCOG recommends that projects be aligned based on thematic concepts such as Environmental Sustainability, Trade Corridors, Innovation, Technology Growth Management, and Social Equity & Mobility. Thus, staff recommended two projects for nomination, listed in priority below:

1. Louise Avenue/ I- 5 Interchange

2. Lathrop Road/ I- 5 Interchange
Staff recommends that the Louise Avenue/ I- 5 Interchange and the Lathrop Road/ I5 Interchange projects be submitted as the City' s two priority projects for Federal funding and requests that Council approve the submittal to SJCOG. These are the same projects that Council chose to nominate last year.

BACKGROUND:

San Joaquin One Voice is SJCOG' s legislative advocacy program for San Joaquin County that promotes issues of regional significance to federal legislators and agencies through an annual advocacy trip to Washington, D. C. The purpose of the program is to advocate for increased funding and/ or new or amended legislation for issues and projects of regional significance to the San Joaquin region.

The 2022 trip is scheduled for May 8- 12, 2022 and a block of rooms have been secured at the Hilton Washington DC Capitol Hill Hotel ( formerly the Washington Court Hotel).
67 CITY MANAGER' S REPORT PAGE 2
MARCH 14, 2022 CITY COUNCIL REGULAR MEETING
2022 ONE VOICE TRIP PRO) ECT NOMINATIONS
Staff requests that the Louise Avenue/ I- 5 Interchange and the Lathrop Road/ I- 5 Interchange projects be submitted as the City' s two priority projects for federal funding. Aligned with the thematic concept of Trade Corridors, both projects will enhance the transportation of goods to and from the City of Lathrop.

The requested amounts for the two interchanges are as follows:

1. Louise Avenue/ I- 5 5 million ( completes design and a portion of Interchan e
pro ert ac uisition

2. Lathrop Road/ I- 5 5 million ( completes environmental and Interchan e desi n ro' ect hases)
Staff recommends that both interchange projects be submitted as the City' s two priority projects for Federal funding and requests that Council approve the submittal to SJCOG by April 4, 2022.

REASON FOR RECOMMENDATION:

Staff recommends that the Louise Avenue/ I- 5 Interchange Project be submitted as the regional priority that provides connectivity to developments on the west side of the City. In addition, staff recommends that the Lathrop Road/ I- 5 interchange be selected as a priority for submittal due to its crucial role in future developments in the North Lathrop Area.

FISCAL IMPACT:

The fiscal impact of submitting these projects is negligible. However, a future item will be brought to Council for the travel expenses related to staff and/ or Council One Voice trip attendance.

ATTACHMENTS:

A. Resolution Approving Staff Recommended Project Nominations for the 2022 San Joaquin One Voice Trip
68 CITY MANAGER' S REPORT PAGE 3
MARCH 14, 2022 CITY COUNCIL REGULAR MEETING
2022 ONE VOICE TRIP PRO7ECT NOMINATIONS
APPROVALS:
3 3 22
Angel arca Date
Assistant Engineer
3 •3 Z o 2 Z
Michael King Date
Dire tor of Public Works
i
Date
Director°,\o Finance
3 _ Z o z. z
Salvador Navarrete Date
City Attorney
3•7•ZZ
Step en J. Salvatore Date
City Manager
69 RESOLUTION NO. 22-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING STAFF RECOMMENDED PROJECT NOMINATIONS FOR THE 2022

SAN JOAQUIN ONE VOICE TRIP
WHEREAS, the San Joaquin One Voice is San Joaquin Council of Governments' SJCOG' s) legislative advocacy program for San Joaquin County that promotes issues of regional significance to federal legislators and agencies through an annual advocacy trip to Washington, D. 0 on May 8- 12, 2022; and WHEREAS, each jurisdiction in San Joaquin County is allowed to nominate two 2) projects for inclusion in the annual One Voice Program; and WHEREAS, the project nomination forms are due to SJCOG by April 4, 2022, to be included in the 2022 One Voice Program; and
WHEREAS, the projects nominated for the 2022 One Voice Program include the Louise Avenue/ I- 5 Interchange and Lathrop Road/ I- 5 Interchange projects; and WHEREAS, both interchange projects are aligned with the thematic concept of Trade Corridors to enhance the transportation of goods to and from the City of Lathrop; and
WHEREAS, staff recommends that the Louise Avenue/ I- 5 Interchange and Lathrop Road/ I- 5 Interchange projects be submitted again as the City' s two priority projects for Federal funding and requests that Council approve the submittal to SJCOG by April 4, 2022; and
WHEREAS, the fiscal impact of submitting these projects is negligible.

However, a future item will be brought to Council for the trave expenses related to staff and/ or Council One Voice trip attendance.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby approves the Louise Avenue/ I- 5 Interchange and Lathrop Road/ I- 5 Interchange projects for nomination to SJCOG for the 2022 One Voice trip. 70 The foregoing resolution was passed and adopted this 14th day of March 2022, by the following vote of the City Council, to wit:

AYES:

NOES:

ABSTAI N:

ABSENT:

Sonny Dhaliwat, Mayor
ATTEST: APPROVED AS TO FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 71 72
ITEM 4. 6

CITY MANAGER' S REPORT
MARCH 14, 2022 CITY COUNCIL REGULAR MEETING
ITEM: APPROVAL OF TASK ORDER NO. 27 WITH
4LEAF, INC. FOR INTERIM CHIEF BUILDING

OFFICIAL CONSULTING SERVICES
RECOMMENDATION: Adopt Resolution Approving Task Order No. 27 to provide Interim Chief Building Official
Consulting Services, Pursuant to Master
Consulting Agreement dated September 21,
2015 with 4Leaf, Inc.

SUMMARY:

On September 21, 2015, City Council approved a Master Professional Services Consulting Agreement with 4Leaf Inc. ( 4Leaf), for various professional services in the Building Division. On May 13, 2019, City Council approved an extension to the Master Professional Services Consulting Agreement through June 30, 2021. On March 8, 2021, City Council approved Amendment No. 3, extending the Master Agreement expiration date to June 30, 2023, and allowing future task orders.

Due to the continued increase in construction activity related to capital improvement, private land development, residential, commercial, and industrial projects, staff requested a proposal from 4Leaf to provide continued professional services in the Building Division.

Staff recommends City Council approve Task Order No. 27 with 4Leaf, to provide continued professional consultant services in the capacity of an Interim Chief Building Official.

Sufficient funds have been allocated in budget fiscal years 21/ 22 & FY 22/ 23.

BACKGROUND:

The Chief Building Official position oversees the day- to- day functions of the Building Division. The external recruiting environment for this position is very competitive and it has become difficult to find a fully qualified and certified candidate. Considering the current residential, commercial, and industrial development projects taking place within the City, it is necessary to utilize the services of a professional consultant for this position on an interim basis while recruiting.
73 CITY MANAGER' S REPORT PAGE 2
MARCH 14, 2022 CITY COUNCIL REGULAR MEETING
APPROVE TASK ORDER NO. 27 WITH 4LEAF, INC. FOR INTERIM CHIEF

BUILDING OFFICIAL CONSULTING SERVICES
Below is a summary of approved task orders to date:

Task Order Date
guilding Division Work Scope Description
No. A roved
1, 2 2015 Staff Au mentation, Plan Check PC Services
3, 4, 5 2016 PC & Ins ection Services Ins. Ser.
6, 7 2017 PC & Ins. Ser.
8, 9, 10, 11 2018 Interim Chief Buildin Official CBO , PC & Ins. Ser. 12, 13, 14, 15, 16 2019
Staff Augmentation, PC & Ins. Ser., Interim CBO,
Professional Services
17, 18, 19 2020 Interim CBO, Staff Au mentation, Ins. Ser. 20, 21, 22, 23,
2021 Staff Augmentation, PC & Ins. Ser., Interim CBO
24, 25
26 2022 Staff Au mentation
REASON FOR RECOMMENDATION:

Additional professional services are needed in the Building Division to keep up with the continued increase in construction activity related to capital improvement, private land development, and residential, commercial, and industrial projects. The ability to use the services of outside consultants makes it possible to continue providing timely response times to our residents, businesses, and developers.

FISCAL IMPACT:

The cost of Task Order No. 27 is not to exceed $ 130, 000, and will be paid on a time and material basis. Sufficient funds of $ 130, 000 will be paid from funds allocated in FY 21/ 22 and FY 22/ 23 budget for Building Division professional services.

ATTACH M ENTS:

A. Reso ution Approving Task Order No. 27 to provide Interim Chief Building Official Consulting Services, Pursuant to Master Consulting Agreement dated September 21, 2015, with 4Leaf, Inc.

B. Task Order No. 27 Pursuant to Master Consulting Agreement dated September 21, 2015 with 4Leaf, Inc. to Provide Interim Chief Building Official Consultant Services.
74 CITY MANAGER' S REPORT PAGE 3
MARCH 14, 2022 CITY COUNCIL REGULAR MEETING
APPROVE TASK ORDER NO. 27 WITH 4LEAF, INC. FOR INTERIM CHIEF

BUILDING OFFICIAL CONSULTING SERVICES
APPROVALS:
3• Z• Z LZ
Michael King Date
Public Works Director
fjCar . James Date
Finance Dfi ector

3. 3 - z.o Zz
Salvador Navarrete Date
City Attorney
3•
p
en J. Salvatore Date
City Manager
75 RESOLUTION NO. 22-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING TASK ORDER NO. 27 TO PROVIDE INTERIM CHIEF BUILDING

OFFICIAL CONSULTING SERVICES, PURSUANT TO MASTER CONSULTING AGREEMENT DATED SEPTEMBER 21, 2015 WITH 4LEAF, INC.

WHEREAS, since the resignation of the Chief Building Official in the latter part of 2017, the position has been filled with an Interim Chief Building Official pursuant to the City' s agreement with 4LEAF, Inc; and
WHEREAS, on May 13, 2019, City Council approved an extension to the Master Professional Services Consulting Agreement through ) une 30, 2021. On March 8, 2021, City Council approved Amendment No. 3, extending the Master Agreement expiration date to June 30, 2023, and allowing future task orders; and WHEREAS, a series of various task orders have been previously approved for 4LEAF to provide various professional services within the Building Division, such as professional building inspection, and plan checking in order to keep pace with ongoing development; and
WHEREAS, 4LEAF, Inc. has provided the qualified and certified staff necessary to provide Interim Chief Building Official professional services in the Building Division; and
WHEREAS, the cost of Task Order No. 27 is not to exceed $ 130, 000, and will be paid on a time and material basis. Sufficient funds of $ 130, 000 will be paid from funds allocated in FY 21/ 22 and FY 22/ 23 budget for Building Division professional services.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve Task Order No. 27 for an amount not to exceed 130, 000 for 4LEAF to provide Interim Chief Building Official Consulting Services, pursuant to Master Consulting Agreement dated September 21, 2015. 76 The foregoing resolution was passed and adopted this 14t" day of March 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 77 ATTACHMENT B

CITY OF LATHROP
TASK ORDER NO. 27

PURSUANT TO MASTER CONSULTING AGREEMENT DATED
SEPTEMBER 21, 2015 WITH 4LEAF, INC.

TO PROVIDE INTERIM CHIEF BUILDING OFFICIAL CONSULTING

SERVICES
THIS TASK ORDER NO. 27 dated for convenience this 14th day of March 2022 is by and made and entered into by and between 4LEAF, Inc. ("CONSULTANT") and the CITY OF LATHROP, a California municipal corporation (" CITY"); RECITALS:

WHEREAS, on September 21, 2015, CONSULTANT entered into a Master Agreement with the CITY, and parties approved an extension of the term to June 30, 2021, pursuant to Amendment No. 2, dated May 13, 2019. On March 8, 2021, City Council approved an extension of the term to June 30, 2023 pursuant to Amendment No.3 AGREEMENT"), by which the CONSULTANT has agreed to perform building professional services; and
WHEREAS, CONSULTANT is specially trained, experienced, and competent to perform Interim Chief Building Official Consultant Services, which are required by this agreement; and; and
WHEREAS, CITY selected the CONSULTANT pursuant to said qualifications; and WHEREAS, CONSULTANT is willing to render such Interim Chief Building Official Consultant Services, as hereinafter defined, on the following terms and conditions.

NOW, THEREFORE, CONSULTANT and the CITY agree as follows:

AGREEMENT
1) Incorporation Of Master Aqreement
This Task Order hereby incorporates by reference all terms and conditions set forth in the Master Agreement for Consulting Services for this project, unless specifically modified by this Task Order.

78 CITY OF LATHROP — TASK ORDER NO. 27 WITH 4LEAF INC. TO PROVIDE

BUILDING TO PROVIDE INTERIM CHIEF BUILDING OFFICIAL CONSULTANT 2) Scope of Service
CONSULTANT agrees to perform Interim Chief Building Official Consultant Services in accordance with the scope of work and fee proposal provided in Exhibit " A" to this Task Order.

CONSULTANT agrees to diligently perform these services in accordance with the upmost standards of its profession and to the CITY' S satisfaction. 3) Effective Date and Term
The effective date of this Task Order No. 27 is March 14, 2022, and it shall terminate no later than September 30, 2022.
4) Compensation
CITY hereby agrees to pay CONSULTANT hourly rates and other charges detailed in Exhibit " A" up to a total sum not to exceed $ 130, 000 for Interim Chief Building Official Consultant Services. CONSULTANT shall be paid any uncontested sum due and payable within thirty ( 30) days of receipt of billings containing all information pursuant to Paragraph 5 in the Master Consulting Agreement Dated September 21, 2015.
5) Notice to Proceed
Prior to commencing work under this agreement, CONSULTANT shall receive a written " Notice to Proceed" from CITY. A Notice to Proceed shall not be issued until all necessary insurance have been received. City shall not be obligated to pay CONSULTANT for any services rendered prior to issuance of the Notice to Proceed.
6) Siqnatures
The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the CONSULTANT and the CITY. This agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.

79 CITY OF LATHROP — TASK ORDER NO. 27 WITH 4LEAF INC. TO PROVIDE

BUILDING TO PROVIDE INTERIM CHIEF BUILDING OFFICIAL CONSULTANT Approved as to Form: City of Lathrop
City Attorney
3- - ZozL,
Salvador Navarrete Date
Recommended for Approval: City of Lathrop
Public Works Director
Michael King Date
Approved by:

City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Stephen J. Salvatore Date
City Manager
CONSULTANT: 4LEAF Inc.
2126 Rheem Drive
Pleasanton, CA 94588
Fed I D # 94-3393574
Bus License # 20088
Signature Date
Kevin J. Dug_qan, President
Print Name and title)
Page3of3
80 4LEAF, INC.

ENGINEERWG CONSiRUCT10N MANAGEMENT
PLAN CHECK BUILDING INSPECTION• PIANNING
2022-2023 FEE SCHEDULE & BA51S OF CHARGES
For the Cit of Lathrop
All Rates are Subject to Basis of Charges

NATURE OF BUILDING SERVICES COST STRUCTURE
Interim Chief Building Official 150/ hour

BASIS OF CHARGES
Rates are inclusive of" tools of the trade" such as forms, telephones, and consumables.

All invoicing will be submitted monthly.

Interim Building Official work is subject to 4- hour minimum charges unless stated otherwise. 4LEAF assumes that these rates reflect the 2022- 2023 contract period.

Overtime and Premium time will be charged as follows:

Regular time( work begun after 5AM or before 4PMJ 1 x hourly rate Nighttime( work begun after 4PM or before SAMJ 1. 125 x hourly rate Overtime( over 8- hour M- F or SaturdaysJ 1. 5 x hourly rate Overtime( over 8 hours Sat or 15` 8- hour SunJ 2 x hourly rate Overtime( over 8 hours Sun or HolidaysJ 3 x hourly rate Overtime will only be billed with prior authorization of designated Authority personnel.

All work with less than 8 hours rest between shifts wil) be charged the appropriate overtime rate.

In accordance with California' s Meal Break and Rest Break Law requirements, Client will be billed one ( 1) additional hour per day at the regular time rate for each missed meal or rest break due to Client- directed tasks or requirements. Client should allow 4LEAF' s non- exempt, hourly employees the opportunity to take their entitled rest and meal breaks during each work shift.

Payment due on receipt. All payments over 30 days will be assessed a 1. 5% interest charge.

Client shall pay attorneys' fees, or other costs incurred in collecting delinquent amounts.

Client agrees that 4LEAF' s liability will be limited to the value of services provided.

City of Lathrop Page 1 of 1
Fee Schedule- CBO Services February 28, 2022
81 82
ITEM 4. 7

CITY MANAGER' S REPORT
MARCH 14, 2022 CITY COUNCIL REGULAR MEETING
ITEM: AWARD CONSTRUCTION CONTRACT TO AMERINE
SYSTEMS INC. FOR THE CITY HALL LANDSCAPE

RENOVATION, CAPITAL IMPROVEMENT PROJECT GG
21- 09 AND APPROVE RELATED BUDGET AMENDMENT
RECOMMENDATION: Adopt Resolution Awarding a Construction Contract to Amerine Systems Inc. for the City Hall Landscape
Renovation, Capital Improvement Project ( CIP) GG
21- 09 and Approving Related Budget Amendment
SUMMARY:

City Council created Capital Improvement Project ( CIP) GG 21- 09 City Hall Renovation ( Project) to update the main bathrooms, paint the building exterior and install water efficient landscaping. The first two phases, bathrooms and painting, have been successfully completed and third phase, landscaping, was advertised for formal bid on February 15, 2022. Staff received seven ( 7) bids and the lowest responsive and responsible bidder is Amerine Systems Inc. ( Amerine) with a bid of 497, 455.

City Council approved an initial Project budget of$ 500, 000. The first two phases were completed at a total cost of $ 322, 000, leaving $ 178, 000 in the Project budget for the final phase.

There are two primary reasons for the increase in the Project budget, construction cost have grown dramatically and the Project scope expanded. Construction costs labor, material and equipment) have increased between 15% - 100% depending on the type of work being performed. Staff identified some improvements that would benefit residents so they were added to the Project scope. For example, the utility payment drop box on Towne Centre Drive was added to increase access for the elderly and/ or residents with disabilities. Also, some physical elements around City Hall are being removed for better visibility and improved safety for residents.

Staff request City Council award a construction contract to Amerine for construction of the Project in the amount of $497, 455 plus a 10% construction contingency in the amount of $ 49, 746 for a total cost not to exceed $ 547, 201.

Staff also request City Council approve a budget amendment transferring $ 370, 000 from the General Fund Landscape Reserves Fund ( 1010) to the General CIP Fund 3010).
83 CITY MANAGER' S REPORT PAGE 2
MARCH 14, 2022 CITY COUNCIL REGULAR MEETING
AWARD CONSTRUCTION CONTRACT TO AMERINE SYSTEMS INC. FOR THE CITY HALL LANDSCAPE RENOVATION, CIP GG 21- 09 AND APPROVE RELATED

BUDGET AMENDMENT
BACKGROUND:

On March 8, 2021, City Council approved the creation of City Hall Renovation, CIP GG 21- 09, contemplating renovations to City Hall' s restrooms, exterior paint and landscaping in separate phases to update these amenities that are more than 15 years old.

The Landscape renovations will include a new flagpole with uplighting, a City Hall sign in an illuminated cabinet, and replacement of the existing hardscape, plant materials, and irrigation system.

The new turf, groundcover, shrubs, trees, sprinklers and drip system will use less water than the existing ones. The installation of a CalsenseT"' irrigation controller will further optimize water use by identifying and troubleshooting water leaks and provide for the efficient capture and analysis of water use data.

Finally, the new hardscape will replace aging walkways and modified seat walls. The proposed design is amendable to security lighting at night, pedestrian friendly, durable, and will complement City Hall' s new paint.

The plans and specifications for the construction of this Project were completed by O' Dell Engineering and advertised for formal bid on February 15, 2022, in accordance with CA PCC 20160 and LMC 2. 36. 060. A total of seven ( 7) bids were received, each determined to be responsive and responsible. The bid results are summarized in Table 1 below:

Tab/ e 1: Summar of Bid Resu/ ts
Contractor Total Bid
Amerine Systems Inc. 497, 455
Westside Landsca e & Concrete, Inc. 515, 140
WABO Landscape & Construction, Inc. 532, 671
Od sse Environmental Services 624, 317
Marina Landsca e, Inc. 664, 854
Bri htview Landsca e Develo ment, Inc. 788, 258
Com lete Construction 1, 192, 849
Staff reviewed and evaluated the bids, and determined that the lowest responsive and responsible bidder is Amerine. Staff requests City Council adopt a resolution awarding a construction contract to Amerine for the amount of $ 497, 455. Staff also requests City Council authorize a 10% construction contingency of $ 49, 746, and authorize staff to spend the contingency as necessary to achieve the goals of the project for a total cost not to exceed $ 547, 201.
84 CITY MANAGER' S REPORT PAGE 3
MARCH 14, 2022 CITY COUNCIL REGULAR MEETING
AWARD CONSTRUCTION CONTRACT TO AMERINE SYSTEMS INC. FOR THE CITY HALL LANDSCAPE RENOVATION, CIP GG 21- 09 AND APPROVE RELATED

BUDGET AMENDMENT
REASON FOR RECOMMENDATION:

City Hall' s landscaping and associated amenities are more than 15 years old. During this time, improvements in irrigation efficiency and plant selection have provided the City with a wider selection of landscape materials. This project will provide a more diverse and aesthetically pleasing palette of plant materials, updated hardscape and improved irrigation efficiency and data management options.

FISCAL IMPACT:

The proposed construction contract with Amerine is for $497, 455. A 10% construction contingency is requested in the amount of $ 49, 746 for a total cost not to exceed 547, 201.

Funding for this project was included in the FY 21/ 22 budget; however, sufficient funds were not allocated. Therefore, staff request City Council approve a budget amendment transferring $370, 000 from the General Fund Landscape Reserves Fund 1010) to the General CIP Fund ( 3010) as follows:

Decrease Landscape Reserves
1010- 251- 07- 00 370, 000
Increase Transfer Out
1010- 9900- 990- 9010 370, 000
Increase Transfer In
3010- 9900- 393- 0000 GG 21- 09 370, 000
Increase Expenditures
3010- 8000- 420- 12- 00 GG 21- 09 370, 000
ATTACH M ENTS:

A. Resolution Awarding a Construction Contract to Amerine Systems Inc. for the City Hall Landscape Renovation, Capital Improvement Project ( CIP) GG 21- 09 and Approving Related Budget Amendment
B. Construction Contract with Amerine Systems Inc. for the City Hall Landscape Renovation, CIP GG 21- 09
85 CITY MANAGER' S REPORT PAGE 4
MARCH 14, 2022 CITY COUNCIL REGULAR MEETING
AWARD CONSTRUCTION CONTRACT TO AMERINE SYSTEMS INC. FOR THE CITY HALL LANDSCAPE RENOVATION, CIP GG 21- 09 AND APPROVE RELATED

BUDGET AMENDMENT
APPROVALS:
3- tO- ZOZ
Ken Reed Date
Senior Construction Manager
I b • 2oZ2
Michael King Date
Public Works Director
Ca ) ame Date
Finance D r ctor
3 t,p- Zo 't..Z..,
Salvador Navarrete Date
City Attorney
3•• Zz
S ephen J. Salvatore Date
City Manager
86 RESOLUTION NO. 22-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP AWARDING A CONSTRUCTION CONTRACT TO AMERINE SYSTEMS INC. FOR THE CITY

HALL LANDSCAPE RENOVATION, CAPITAL IMPROVEMENT PRO) ECT ( CIP) GG 21- 09 AND APPROVING RELATED BUDGET AMENDMENT
WHEREAS, the City Hall Landscape Renovation Capital Improvement Project CIP) GG 21- 09 ( Project) was created to increase drought tolerant planting, install updated irrigation components and provide an updated landscape aesthetic for City Hall; and
WHEREAS, the plans and specifications for this project were developed by O' Dell Engineering and advertised for formal bid on February 15, 2022 in accordance with Public Contract Code Section 20160, and with Lathrop Municipal Code ( LMC) Chapter 3. 30. 060; and
WHEREAS, a total of seven ( 7) bids were received and opened by City Clerk on March 8, 2022; and
WHEREAS, upon review and evaluation of the bids, the lowest responsive and responsible bidder for the Project was determined to be Amerine Systems Inc. with a bid of $ 497, 455; and
WHEREAS, staff requests City Council award a construction contract to Amerine Systems, Inc. in the amount of $ 497, 455; and
WHEREAS, staff also requests Council authorize a 10% construction contingency in the amount of $49, 746 and authorize staff to spend the contingency as necessary to achieve the goals of the Project for a total cost not to exceed 547, 201; and
WHEREAS, sufficient funds were not allocated in the adopted FY 21/ 22 Budget for the Project; therefore, staff request City Council approve a budget amendment transferring $370, 000 from the General Fund Landscape Reserves Fund ( 1010) to the General CIP Fund ( 3010) as follows:

Decrease Landscape Reserves
1010- 251- 07- 00 370, 000
Increase Transfer Out
1010- 9900- 990- 9010 370, 000
Increase Transfer In
3010- 9900- 393- 0000 GG 21- 09 370, 000
Increase Expenditures
3010- 8000- 420- 12- 00 GG 21- 09 370, 000
87 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby awards a construction contract to Amerine Systems Inc. for the City Hall Landscape Renovation, CIP GG 21- 09 for a cost of $497, 455; and BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby approve a 10% construction contingency in the amount of $49, 746 for a total cost not to exceed $ 547, 201 for the construction and authorizes staff to spend up to this amount as necessary to accomplish the goals of the project; and BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop also approves a budget amendment transferring $ 370, 000 from the General Fund Landscape Reserves Fund ( 1010) to the General CIP Fund ( 3010) as detailed above. 88 The foregoing resolution was passed and adopted this 14t" day of March 2022, by the following vote of the City Council, to wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO F RM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 89 ATTACHMENT B
SECTION 00500

CITY HALL LANDSCAPE RENOVATION CONTRACT
CIP GG 21- 09

CONSTRUCTION CONTRACT
This Contract, dated March 14, 2022, is entered into by and between the City of Lathrop, a municipal corporation of the State of California( City), and Amerine Systems Inc. (Contractor), whose Taxpayer ldentification Number is
For and in consideration of the 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 Project and Work. Construction Documents for City Hall Landscape Renovation, CIP GG 21- 09 ( 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 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 removal of existing hardscape, irrigation and plant materials and replacement of same with new materials in a modified design, and any task necessary to accomplish the aforementioned tasks.

The work shall be completed within 75 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 work actual work performed in accordance with the unit prices and provisions contained in these Construction Documents.

Base Bid Total: 497 455 ( Four Hundred Ninety- Seven Thousand Four Hundred Fiftv-Five Dollars)

3. Construction Documents. This Contract shall include the Construction Documents which are on file with Public Works Department and 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 Amerine Systems, Incorporated on March 8, 2022. For the purposes of construing, interpreting and resolving inconsistencies between the provisions 90 SECTION 00500

CITY HALL LANDSCAPE RENOVATION CONTRACT
CIP GG 21- 09
of this Contract, these documents and the provisions thereof are set forth in the order of precedence described in Article 3 of the 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 event, shall the Contractor be entitled to payment for work not included in the approved scope of work, a written task order, or 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.

Contractor shall furnish City with the certificates of insurance 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 of the 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 of the Project 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 of this Contract, except as may arise from the sole willful 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 ] iens made or filed by reason of any construction, renovation, or remodeling work performed by Contractor under this Contract at any time during the term of this 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 of its City Council members, officers, or employees.
91 SECTION 00500

CITY HALL LANDSCAPE RENOVATION CONTRACT
CIP GG 21- 09

8. Waiver. The acceptance of any payment or performance, or any part thereof, shall not operate as a waiver by City ofits rights under this Contract. A waiver by City of any breach of any part or provision of this Contract by Contractor shall not operate as a waiver or continuing waiver of any subsequent breach of the 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 of this 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 of the use or occupancy of the 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 of the Contractor under the Contract Documents. The foregoing includes without limitation, compliance with DIR Registration requirements at all times during performance of the Work by the Contractor and all Subcontractors of any tier. The failure of the Contractor and all Subcontractors of every tire to be DIR registered at all times during the performance of the 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 on- going 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 perform 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 92 SECTION 00500

CITY HALL LANDSCAPE RENOVATION CONTRACT
CIP GG 21- 09
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).

Certified 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 Labor 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 Contractar 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 submittal 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 monitor and enforce the obligation of the 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 Labar 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 93 SECTION 00500

CITY HALL LANDSCAPE RENOVATION CONTRACT
CIP GG 21- 09
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 for 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 CTTY, the Division of Labor Standards Enforcement, and Division of Apprenticeship Standards of the Department of Industrial Relations.
3) A certified copy of all payroll records 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 ( 10) days after receipt of the written request. d) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency, by the CITY, the Division of Apprenticeship Standards, ar 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 of noncompliance with the requirements of this 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 worker, until strict 94 SECTION 00500

CITY HALL LANDSCAPE RENOVATION CONTRACT
CIP GG 21- 09
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 Bonds as required under the Notice to Contractors.

11. Representations and Warranties. In 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 required;
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 for 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;
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 authorized to bind Contractor;
95 SECTION 00500

CITY HALL LANDSCAPE RENOVATION CONTRACT
CIP GG 21- 09
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 of this Contract; 11) 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 of the physical conditions of the Project site.

12. Assignment. 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 or other disputes arising out of the Contract shall be submitted by Contractor in accordance with the General Conditions.

14. Audits by CitX. 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.

15. 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 sha11 be sufficiently given and served upon the other party if ( 1) personally served, ( 2) sent by the United States mail, postage prepaid, ( 3) sent by private express delivery service, or( 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 with ( 1), ( 2) or ( 3) above.

Personal service shall include, without limitation, service by delivery and service by facsimile transmission.
96 SECTION 00500

CITY HALL LANDSCAPE RENOVATION CONTRACT
CIP GG 21- 09
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- 7363
FAX: 209) 941- 7449
ATTN: Senior Construction Manager
To Contractor: Amerine Systems, Incorporated
Mailing Address: 10866 Cleveland Ave. Oakdale, CA
Phone: 209) 874- 5986
Email:

ATTN: Jon Fultz

16. 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 autharity. 6) Headings. The paragraph headings are not a part of this 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 97 SECTION 00500

CITY HALL LANDSCAPE RENOVATION CONTRACT
CIP GG 21- 09
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 of this Contract. 8) Integration. This Contract and any amendments hereto between the parties constitute the entire contract between the parties 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 or permitted or to be required of or permitted by either parry. All provisions, whether covenants ar conditions, shall be deemed to be both covenants and conditions.
11) Resolution. Contractor shall submit with its Bid a copy of any carporate 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 Contractor. 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. 14) Successors and Assigns. The provisions of this Contract shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties. 15) 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. If the 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 Business Day.
16) Venue. In the event that suit is brought by either party hereunder, 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.
98 SECTION 00500

CITY HALL LANDSCAPE RENOVATION CONTRACT
CIP GG 21- 09
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 such 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 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 ( Public 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 order provisions of the 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 CTTY. 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.
99 SECTION 00500

CITY HALL LANDSCAPE RENOVATION CONTRACT
CIP GG 21- 09
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:

EXHIBTT A: Contractor' s Submitted Bid Packet
Certification of insurance, performance and payment bonds, and worker' s compensation certification shall be furnished to the City by the Contractor after City Council' s approval with resolution.
100
SECTION 00500

CITY HALL LANDSCAPE RENOVATION CONTRACT
CIP GG 21- 09
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:

B y:

Michael King, Public Works Director
APPROVED:

B y:

Stephen J. Salvatore, City Manager

END OF SECTION)
101

EXHIBITA
S CT[ OtV D03U0
CI' fY H,tl,i, LANDSCAP RENOVATtON BICI PttOPOSAI. F RMS CIP GG 21- 09
sTn PuoposAL oRms
TC: City afLathrop
390 Towne Centre Drive
Lathrop, CA 95330
ATTENTION: Gity Clerk
FOR: CtTY RALL LANDSCAPE RENCIVATION, CIP GG 21- 09
THE UNDERSIGNED, AS BIDDER, HEREB Y AGREES AND DECLARES THAT:

LEGAL CUMPGIANCE
The oniy persons or parties interested in this Bid as Principal are those named herein; that this id is made without callusion with any other person, firm, partnership, corporatian, or association; that he has carefully examined the lacation of the proposed vork and the CanstrucEion Documents; and he proposes and agrees that if this Bid is accepted he will contract with the City of C, athrop, in the form ofthe Cantract as set forth in the Constructian Documents for said project, to provide al) the necessary labor, ervices, materials, and equipment, and to do all the work and furnish all the materiais; and that he will accept in full payment therefore the price as proposed in thc folla ing Bid Schedule.

SCHEDULE (} F PRICES
All applicable permit fees, licensing costs, sales taxes, State, and/ or Federal, and any ather taxes, patent rights, or royaities are ir ciuded in the prices quoted in the Bid. All blank spaces must be filled in.

BASIS UF AWARD
The basis for award af khe contract viil be the price of the base bid. The City afLathrop reserves the right to award ihe wark contemplated by the base bid or to award none of the wark. 003C10- 1
102
ATTACHM NT" A"— REVISED BII SCHEDULE# 2
CITY HALL LANDSCAPE k Nt) VATIt3N CIP GG 21- 09
BA.S B D CIIET1UlLL

BID UIYIT EXT' ENDED
I?ESCRIPTION UANTITY t31V'IT5
ITEI1j PRICE T OTAL
1 MobilizatianBonds l LS 20, 000. QO
2 ' I'raCCc Contrc l 1 1, S 7, 500. 00
3 Erosion& Sediment Control F ar 1 LS 15, t}00, 0
4 Sitc Gradin{ Finc} 34, 98b Sf 25 $ 9, 000. C10
S Clearing& Grubbing 3, 9 Sk 28 $ 10, 000. 0
fi H ardscape llemfllition C3fi' haul 3, O13 SF g. 29 $ 25 0p0. p Tree& Stump Remo al & t ffhaul,
7 NA r 3 Q .
inct. 5ium Grinciin
8 Construction Fer in 4G0 LF 1{ l . 87 $ S, 040 . OQ
9 Trec' rotection Fer cin; 1 LS 6, 0 0 0. p 0
d0 Cancr; ie Flatwori 2, 475 SF 17 . 94 $ 44, 400,{} 0
11 b" r idc: PCC Curb 434 LF 77 , 42 33, 00. 00
l ' 4„ Wic] e PCC Curb 1 Sb LF fi2. 7 $ 7, Z00 . 00
13 Step- ff Curb Paving 18{ SF 53. 33 $ 9, 60 t3.{ l0
l Seat Wall i72 LF 306, 78 $ 52, 80fJ . 00
l5 lT' ashed RiverCnbble @ " Dec 2, 50=1 5' 3. 45 $$, 63Q. 00 l i Flagpole 1 EA 8, 700 , 00
17 Moi umentSign 1 EA 20, OQ0 . 00
i$ 5ail Co iditiflning& Amen lment; 34, 9 S[; g $ I3, 730 . OCt l9 Turf Sod IC}, l£ 5 Si 1. 03 $ 10, 50Q. 40
2Q 1 Gatlon Shrc bs 891 EA 13. 80 12, 300. UO
23 5 Gailon Shrubs 914 EA 20 . 42 , g. pp
22 15 Ga11on Shnabs 31 EA 108, . 6 $ 3, 353.( 10
103
23 24" BoxTrees l9 A 3p3. 37 $ 5, 954 . 00
24 36" Box Trees EA l, 470. 00
25 b' —' B"I'HPaimTrees 6 EA 25fJ0. 00 $ 15, 000 . 0
26 12' — 15' BTN Palm Trees 7 EA 6932 , $ $ 48, 530, 00 2? Root Barrier 323 LF 1. 2. 62 $ 4, fl 7 5, fl 0
28 T p Dressing- D corative Bark Mulch 2 1, 23 SF . 47 I.1, 725. 40 29 fi0 Day Maintenar ce Estatalishment 34, 988 SF 79 $ 25, 800 . 00 30 Irrigacion Syste n- R`'VS 4 A 1. 97. 9 $ 8, 7 0.{ l
31 Irrigation Systen— Drip/ f3 tbbler 2 1, 823 SF 9$ $ 11, 8 03, 0 0 32 Turf Rcrtary IQ, 165 5F g 20, OOU. 00
33 Irrigation Contralier i EA g, p p p.{} p
4 Flow Sei sor& Master Valve 1 EA 2, 5fl0. OU
35 35 Gallon Trees i3 A 340. 77 $ 3, 93.(}. 00
Irrigation Main Replacernent
36 qllowanc
1 LS 1, 500 fi 1, 500
3ASEBID:
97, 55. Q{}
SAS BITI TN { RT)S : E' our Bundred Nin ty Ssven Thousand four Hundred Fifty Five Dollar:
104
5ECTIQN 00304
CITY HALL Lt inSCAPE REhOYATI0 1' BID PROPOSA[, FORhlS
CIP GG 21- 09
INFC} RMATION REQUIRED OF BIDDER
The Bidder{ Contractor) shall furnish the fallowin information. This infarmation is considered essential in enabling the Praject Manager to t#etermine ifithe Bidder is experienced in similar types oC wark and if the Bid is based an a careful study of inethods applicable to the wark and full realization pf the various factvrs vhich may affect the pro ress of the work_ Failure to comnlv tivith this requirement may render the Bid nan- responsive and may cause its rejection. Additianal sheets sha( 1 be attached as raquired.

BIDDER' S INF RMATIGIN
l) Bidder' s name and addres5:

Amerine Systems INC
10866 Cleveland Ave.

Oakdale CA
2) Bidder' s ielephone number: 209- 874- 5968
3} Bid ier's fax number:
4} Bidder' s Contr ctar' s License( Class}; A C 2
LicenseNfl.: 932Q3
Expires: 30J20 2
S} Person ti ho inspected site of proposed ork for Contractor' s firm:

Name: Jon Ful. tz Date of inspection: I 12 22
S} List 3 projects of a nature similar to this project:

Project Contract Nam, l ddr ss and
price Telephone Number of Qwn r
remont ES Mod. 3$ 0, 000. 0
Merced C. ty School Distri. ct
444 W 22nd St, Merc d 209- 385- 6332
Needham Eleraentary 3g, ppp, p Lodi Una.fied School District 1305 E Vine S. Ladi
Raosevelt Paxk 656, 408. 0 Ca. ty af Madesto
P. o. Bax 642, Modesto
o aoa105
SECTtt? N{} 0300
CI' i'Y HALL LA1tiDSCAPE RENpVAT1pN BiTb PItOPOSAL FORMS C1P GG 2i- U9
L ST OF SUBCONTRACTORS:

The Bidder shall iist below the name and business address of each subcantractar who will perform wark under this Bid in excess of one- halF af anc percent of the Contractor' s Total Bid Price, and shall atso list the portion of the WQRK vhich will be dane by such subconiractor, in accardance with Section 41a7 of the Public Cantract Cod. After the openin of bids, no changes or substitutions will be aliowed except as othenvise pravaded by law. The listing ofmore than one subcontractor for each item ofwork to be performed with the vords" and/ or" will not be permitted.

Failure ktr cornpJy with this requiremeni may render the F3id nan-responsive and may causc its rejectian. Should the Contractor provide a bid that does not require a sabcontractor, the Contractor shall note thak an this page by writing" Not t pplicable" in the list belpw.

Subcantractor
Lice tse Percent of
L'Vark to be Performed Numbcr Total Cantract Subcontraetor! Address/ Phone# 5inalair General Enginenring
l,
oncrete 818693 10 s p. o. aox iass. oaka ie
2 9- 47- 00

2. 3.

4. S.
b.

Note: At#ach additional sheets if required.
00300- 5
106
SECTi(? N ff0300
C1TY HALL LAtiDSCAPE I2E YOV AT( Oti BID PROPOSAL FORRiS CIP GG 21- 49
ADDENDA .

Bidder certifies he reviewed ARC Stockton' s website for addenda within 48 hours of bid apening and acknowledges receipt of the fallawin; addendum ( addenda):
3 1
RespectFully submitted,
8 2a 2. ____.. r r, 1 . rs; s- 1 c
ated Lega( Name of Firm
Signature o Authorized epresentative
Seat)
If Bidder is a corporatian, show State in which incorporated.) The full names and post office addresses of alt persons and parties interested in the foregoing Bid as principals are as follows:

NOTICE): Give first and last names in fuli; in case of corporation, give names of President, Secretary, Treasurer, and Manager, and in case of partnerships and joint ventures, give names and Post Office addresses of all the individual members.
0030d- b
107
SECTION 0{ 13 0
CI7' Y H 1LL GANDSCAPE RF NOV 1T10N B[ D PROPt} SAL FOR iS CIP GG 21- 09

BIDDER' S BOND
KNOW ALL MEIV BY THESE PRESENTS:

TI- AT UVE Amerine Systems tnc
as PR[ NCIPAL, and tJld Republic Surety Company
as SURETY are held; and firmly bond unto the City of Lathrap in the penal sum oP TEN t' ERCENT {] 0°l0) OF THE T4TAL AM{3UNT QF TI-IE BID of the Principal above named, submitted by the Principal to the City af Lathrop for the vork described belaw, for the payment of which sum in lawful maney ofthe United States, tivell and truly ta be made to the City of Lathrap to which the bid vas submitted, ve bind ourselves, our heirs, executors, administratars and successors, jointly and severally, tirmly by thase presents. ln na case shali the liability of the surety hereunder exceed the sum of$ ^ e nr r T, i a: e A,,, m, ns.

THE C(JNDITIQN OF THIS OBLIGATION IS SUCH,
THAT, WHEREAS, the Principat has submicted th above mentioned bid to the City of Lathrop for certain canstrvction specifically described as fotlows, for vhich bids are to be opened at the City Hall, 39 Towne Centre Drive, Lathrop, CA: CITY HALL LANDSCAPE RENCiVATIflN, CIP GG 21- 09.

NdW, THEREFCIRE, it' the Principa) is awarded the contract and within the time and manner required under the specitieatians, af'ter the prescribed forms are presented to him For si nature enters inio a written cantract in the prescribed form, in accordance ith tf7e bid, and tiles two bonds with the City, one to guarantee faithful performance, and the other to guarantee payment for labar and materials as required by law, then this obligatio shall be null and vaid; othenvise, it shall be and remain in full force.

IN WITNESS t'UHEREf1F, we have hereunto set our hands and seals on this ? gth da} Ot Fe?` ' 2?.

Olci KeP blic Suret Compan.

Am sae Sy sicros tn
iR z'.§ SE1
Ryaal. Tosh Auorney- m- Fz. t
Se3 Jea
Address: Address:
108GG Clevelunti Avc# 9709, Oal: dalc, CA 953G1 P. O.[ iOX 1535. M( LWAUF: F;1;, Yf S, i2U1 NC?TE: Signatures of thase executing for the surety must be coperly ackna vledged. oo oa- 7
108

ACKNOWLEOGMENT
A notary public or other o icer completing this
certfficate verifies oniy the identity of the individual who s ned the document ta which this ce tificate is
attached, and not the t uthfutness, accucacy, or
valid of that document.

Coue of lifomia
acramento Y
On O` ,; o before me, e ine DuPont, Notary Public
insert name and ti#le afthe officer)
personaily appeared Ryan L. Tash
who proved to me on the basis of satisfactory evidence#a be the person(s) whose name(s) islare subscribed ta the within instnament s d acknowledged to me thst hetshelthey executed the same in hisJher/their authorized capacity( ies), and that by histher/their signature{ s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the faregoing paragraph is true and correct.

KATHERINE UPONT
WITNESS my t and and a cial seal. j ' COMM,# z37ez2z
NOSAAY PU9l1C• LalIF4RNIA
SACRAMENTO COUNTY n
CONM. E1tPIRES OCT. 1Z, 2025
Signature, _ Sealj
109
tJLD REPUBLIC 5: 11RETY C{JMPANY
ow a o ArroRHev
3{ NOW A L tviEN 8Y THESE PR SEtVTS That O. D REPU9LIC BURETY Ct7MPANY, a Wisconsin stU k Ir,surance arporation, does make, constiWte and app int:
d hn T, Page, Ryan L Tash, Susan Faurni r, Katherine Duponi ot Rancho Co? dova. A iis true and lawtu) Attomey( s)- in- Faci, wiFh tull power and auihority for and on behalf of She company as surely, io execute and de iver and ifix the seal of the company ihereto { it a seal is rsquired}, bon s, undertakings, recognizances or other written nbligations€ n the nature thereaf. other than Datt bands, bank depository bonds, mortgage defictency bonds, marYgage guera» ty bonds, guarantees of fnstallment paper and nate guaranty bonds, seN- insurance workers compensation 6ands guaranteeirrg paymen! oI benefits, as6estos abatement contract bonds, waste management 6onds, bazarzfous waste remediaGon bonds or trlacK lung bandsJ, as foUaws:

Al.l WRI`i7EN INSTRUMEN7S
and io bind Ql.[7 REPUBC. IC SURETY C4MPANY ihereby, and al! af Ihe acis ot said Attorneys•in- fact, pursuan4 lo these presenis, are ratifed and confinned.

This appoinimerst is made under and by au4hority af ihe baard of directors at a speclal meeting held an February 18, 1@82.

This Power oi Attomey is signed and aealed by facsimile under and by the autnqrty ot the tatlawing resofufions adopied by the board o( directars oi Ihe OLD REPU i. IC SURETY COh, iPANY on February 18. 1982.

RESOLVED thst, ihe presEdent, any vice- president or assistani vice presideni, En conjunciian veiih ihe secretary or any assistant secrelary, may appoint attomey5- in- i2ci or agents wi4h euthority as defined or lirnited in the inskrument evidenCing the appointmenF in each case, for and on behaii nf ihe cpmpany ta execuke and deliver and affix tne seal ot Ihe campany to bonds, undertakings, recog izancss, and suretyship ohligafions of aIi kinds and said ofticers may remoue any sucii 2ttamey- in- Tact ar aget t and revoke any Power ot Attomey previousty grenied to such person.

RESOLVED FUR' iHER, that any bond, underiaking, recognizance, or sutety5hip obi: alion shati be v3lid and binding upon fhe Company i) when signed bp ihe presideni, any vice prasident or assistant vice president, and aites4ed and sealed( if a seal 5e required} by any secretary or assistant seaetary; or
iiJ whan signed by 1h? presldeni, any vice presiGent or assisian! vice president, secre; ary or assistant secretery, and cauntersigned and sealed( if a seal be requlred) by a duiy authorized allomey- iri- tact or agenl; or iii) when duly execuied and sealed ( if a seal be required} by one or more attameys- in- tatt ar agents pursuant to an within the limits of ihe authority evldenced by ti e Power ot A14amey issued by fhe company 4o such person or persons.

RESOLVED FURTHER that ihe signature o( any authdrized officer and the seal ai 1he Gompany may be ahixed by facsimile to any Power af Atlomey or certification ihereai a thorizing the execution and delivery o( any bond, undertaking, recoc nizance, ar other suretyship obligations af ihe company; and such signa9ute and seaS tvhen so used shail have the 58me force and efisc4 as thotagh rnanualiy a€fixed, IN V`JiTNESS V NER C} F, OLD REPUBUC SURETY CC7tu ANY hes causec ihese presents to 6e sianed by i1s proper pfficer. and i1s corporate seal to be a xed th s
2Sth day af tAarch 202Q
s, rF, Jl. D REPU$ 1C SUREiY GOMPANY
ea c
i
r"
C.
ya. Lp F a) t o .

SEAL
s,
g
y
a
r_
tPR .
t,
kes., ent Sacreta.

Prtsiden
STATE OF WISCC3NSIN, COU1d` iY OF WAUK SHA- 5S
Qn this - 6jfi--- dav of March 20 0 ,
p. 4nafly camII be ore me, Al n P YIiC
and K te J HaE{ n8r o me knovm to ba lhe indlvidua3s and otficers of the OLD REPU6lIC SURETY COMPAt`tY who execuied the above instrument, and ihey each acknawledged the axeculion of the same. and being by me duiy swvom, did sev ral; y depose and say: thai th y are ihe said o cers o` the cur aration af resaid, and ihai the seal aftxed io the abave Ins rument is the seal af the corpor tion, antl that said carparate s a! and theEr signalures as such alfi;..ers tiuere duly affixed and su6scrlbed ifl the s! d Insirument by the authority af 1he I oard oi direCtors At sald co* poraS on, R
07A.Vj. y,
1 1t t.''"'
Ifi' N:. d y Pvt#ic.

My commission xp res: g ptember 28. 2(} 22
CERTlFICATE Expiratiuo of notnry' a commisslon does noi invatfdnte t6is insirument I, the undersigned, assistan! sacreiary ot the 0! b REPU$ I iC SURET'! Ct7MPANY, a Wiscans' sn Cqrppration, CERTIFY lhat tha foregoing and attached Pewer ot AUorney remai ts in fuI! torce and has no! been revoked; and turthermare, thai the Resolul! ons of the ba2rd o( direci rs set tor h in the Power n! Attorney, are naw irt lorce.
4, av sLh i} ;
a
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SECTION 0030U
CITY HALL LANbSCAPE RENOVATION B[ D PROPOSAL FORMS
CIP GG 21- 09
NONCULLUSiON AFFiDAVIT
STATE OF gt i F,, N A )
ss.

COUNTY OF S%{v/ SLf t1S
L7.L„ Mf•'in/ eing first cEuly sworn, deposes and says that he or she is r
of/ hiYE E SYS the party making the foregoing bid
that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has noi directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by a reement, communication, or conference with anyone to fix the bid price of the hidder or any other bidder, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyane interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or diwlged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company associated, organization, bid depository, or to any member or agent thereof to effectuate a c lusive o sham ' d.

Signature o : President, Secretary,
Mana er, Project Mana er or Representative
The County of S U S
State of - t
Subscribed and sworn to( or affirmed} before me
on this +
n
day of r" ' r , Oa', by
r

ME JSSA F ENISTER
roved to
Comm. F2303107
P p+ Notaty ubUt• California
me on e basis of satisfactory evidence to be the sar+ts ausCouncy person( s) who appeared before me.
on m. re: nu 2, zo23
Seal
Signature
oaao0- 8
111
sECTro r uo3 o
CtTY HALG LA f3SGAPE F2EN0' AT101 BID PROPOSAL FQRMS
CiP GG Z1- 09
PU8L1C CQNTRACT CODE SECTION 10162 QUESTIQNNAiRE
Tn accort ance vith Public Cantract Code Section 101 b2, the $ idder shalI complete, under penalty of perjury, the following questionnaire:

Has the Bidder, any officer afthe Bidder, or any employee oFthe Bidder, who has a praprietary interest in ihe Bidder, ever been disqualified, removed, or othenvise prevented from bidding on, or compleiing a federal, state, or loca( government project because ofa violation of law or a safety regulatian? Yes No
If the answer is yes, explain the circumsTances in the follo vin space.

PUBLIC Ct7NTRACT SECTiG1N 10232 STATEMENT
in accardance vith Public Contract Code Sectian 10232, the Caniracton c reby states under penaity of perjury, thak no more than one final unappealable finding af contempt of caurt by a federat court has bcen issued against the Coniractor vithin thc immediately prcceding two year periad because of the Concractor' s faiiure to comply with an order of a federal court which orders lhe Cankrackor to camply with an order of the Natianal Labor Relatians Baard.

N(JTE; The above Statement and Questionnaire are part of ihe Proposal. Signin this proposal on the si nakure portion thereaf shall also canstitute signature of this Stakemen and Queskiannaire.
idders are eautioned that makin; a false certification may subject the certifier to criminal prosecutian.

END C)F SECTIOh)
030- 9
112
ITEM 4. 8

CITY MANAGER' S REPORT
MARCH 14, 2022 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE JOINT USE AGREEMENT AND

RELATED EASEMENT AGREEMENT WITH BANTA

UNIFIED SCHOOL DISTRICT
RECOMMENDATION: Adopt a Resolution Approving a 7oint Use Agreement and Related Easement Agreement
Between the City of Lathrop and the Banta
Unified School District.

SUMMARY:

Staff is requesting approval of a Joint Use Agreement (" Agreement"), attached to this staff report as Attachment B, and related Easement Agreement, attached to this staff report as Attachment C, with the Banta Unified School District ( District"). The City, District, and River Islands Development have been working together to allow the joint use of 16 acres of sports fields (" Community Park") by the District and the City.

Approval of this Agreement will provide the community access to 16 acres of Community Park space during non- school hours on property adjacent to the STEAM Academy School along Somerston Parkway and Marina Drive.

BACKGROUND:

In an effort to maximize the availability of Community Park space within Phase 1 River Islands Parks and Open Space Plan within the River Islands Development Phase 1"), City staff have worked with both the District and the River Islands Development on this Agreement. This Agreement will provide a 16- acre Community Park site, identified within the Agreement as Exhibit B Joint Use Area, which will be available to the District during school hours and to the community and City during non- school hours and on days when school is not in session.

As part of this Agreement, the City will receive an easement on 8. 7 acres of the property, identified within the Agreement as Exhibit C Easement Area, and in exchange will provide River Islands Development with 8. 7 acres of community park credit as required by the Quimby Act. The term of this agreement is 50 years with an automatic renewal to ensure this space will remain open and available to as Community Park space.

In July of 2006, as part of the development of Phase 1, the City of Lathrop entered into a similar agreement for joint use of the sports fields at this location which expired in 2011. As we near the completion of Phase 1, we have updated this Agreement and return to Council for review and approval.

RECOMMENDATION:

Staff requests Council review and approve, the proposed Joint Use Agreement and related Easement Agreement between the Banta Unified School District and the City of Lathrop.
113
CITY MANAGER' S REPORT PAGE 2
MARCH 14, 2022 CITY COUNCIL REGULAR MEETING

APPROVE JOINT USE AGREEMENT AND RELATED EASEMENT AGREEMENT

WITH BANTA UNIFIED SCHOOL DISTRICT
FISCAL IMPACT:

As part of this Agreement, the District shall be responsible for performing all maintenance and repair of the Joint Use Area. The District has reviewed the Maintenance Agreement dated September 30, 2013 for the maintenance and repair of Public Facilities within River Islands between the City and RIPFA and agrees to seek reimbursement of 50% of the regular maintenance and repair costs of the Joint Use Area from RIPFA and Community Facilities District 2012- 01. District agrees it shall have no right to reimbursement from the City for any costs of maintenance and repair of the Joint Use Area.

ATTACH M E NTS:

A. Resolution to approve the Joint Use Agreement between the Banta Unified School District and the City of Lathrop.

B. Joint Use Agreement between the Banta Unified School District and the City of Lathrop.

C. Easement Agreement between the Banta Unified School District and the City of Lathrop.
114
CITY MANAGER' S REPORT PAGE 3
MARCH 14, 2022 CITY COUNCIL REGULAR MEETING

APPROVE JOINT USE AGREEMENT AND RELATED EASEMENT AGREEMENT

WITH BANTA UNIFIED SCHOOL DISTRICT
APPROVALS:
3 • 9 • Z,v2•z.
achary J n s Date
Director rks and Recreation
U
Cari James Date
Director o Finance
3- z Z
Salvador Navarrete Date
City Attorney
3•• zz
St en J. Salvatore Date
City Manager
115

AITACHMENT A
RESOLUTION NO. 22-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP

APPROVING A JOINT USE AGREEMENT AND RELATED EASEMENT

AGREEMENT BETWEEN THE BANTA UNIFIED SCHOOL DISTRICT AND THE

CITY OF LATHROP
WHEREAS, Council reviewed the proposed Joint Use Agreement and related Easement Agreement between the Banta Unified School District; and WHEREAS, Council agrees this Joint Use Agreement and related Easement Agreement will maximize the availability of Community Park Space within Phase 1 of the River Islands development of Lathrop; and
WHEREAS, Council acknowledges these Agreements will provide 16- acres of community park space that will be available to the District during school hours and to the community and City programming during non- school hours and on days when school is not in session;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop approves the proposed Joint Use Agreement and related Easement Agreement between the Banta Unified School District and the City of Lathrop.

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 T FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 116

ATTACHMENT B

JOINT USE AGREEMENT
Between

THE BANTA UNIFIED SCHOOL DISTRICT
And

THE CITY OF LATHROP
2022
117

JOINT USE AGREEMENT BETWEEN THE
BANTA UNIFIED 5CHOOL DISTRICT

AND THE CITY OF LATHROP
THIS JOINT USE AGREEMENT (" Agreement") is entered into as of 2022, by and between the Banta Unified School District (" District"), a public school district existing under the laws of the State of California, and the City of Lathrop City"), a municipal corporation of the State of California, each a " Party" and collectively the Parties."
WHEREAS, Education Code sections 10900 et seq. authorize school districts to enter into facilities use agreements with other public entities, including cities, for the purpose of organizing, promoting, and conducting programs of community recreation and to construct and establish recreation systems at sports fields and similar facilities; and WHEREAS, Chapter 5 of Division 7 of Title 1 of the Government Code ( sections 6500 et seq.) provide generally that any city and any public district of this state may, by joint agreement, jointly exercise any power common to the contracting parties; and WHEREAS, District desires to share the use of its sports fields, outdoar basketball courts and parking lots which are located at the STEAM school at 18001 Commercial Street (" School"), within the River Islands at Lathrop master- planned community in the City (" School Site"); and WHEREAS, City is a governmental entity which provides community-oriented and recreational facilities and programs to its residents; and WHEREAS, City desires to become a partner with District in the joint use of the District' s sports fields, outdoor basketball courts and parking lots located at the School under the terms and conditions as set forth under California state law and in this Agreement; and WHEREAS, the Parties wish to provide use of the sports fields, outdoor basketball courts and parking lots to the general public at days and times when these areas are not exclusively used by students at the School Site in accordance with the policies and procedures contained in this Agreement and such additional policies and procedures as may be developed by the Parties in the future; and
WHEREAS, it is the intent of the Parties to maximize the use of the sports fields, outdoor basketball courts and parking lots at the School Site by allowing District- wide community access to these areas after School Hours and on weekends and during School breaks as much as is possible; and
WHEREAS, the City and the River Islands Public Financing Authority, a California joint powers authority ( hereinafter RIPFA), have entered into a Maintenance Agreement for the maintenance and repair of certain Public Facilities ( as that term is defined in the 9- 30- 2013 Maintenance Agreement) within River Islands and RIPFA has formed a Community Facilities District 2012- 01 to fund the maintenance and repair of certain Public Facilities in River Islands at no cost to the City; and
118
WHERERAS, the District agrees the execution of this Joint Use agreement establishes this 16- acre parcel as a Public Faciliry 50% of the time and the District will therefore seek 50% of the regular maintenance costs from RIPFA but not the City;
NOW THEREFORE, the Parties hereby agree as follows:

1. Term.

The term of this Agreement shall be for fifty (50) years commencing on 2022 and ending on 2072, which will
automatically renew annually each year, unless otherwise terminated or extended under paragraph 21 of this Agreement.

2. Joint Use Area.

A. District owns the School Site as depicted in EXhibit A. That portion of the School Site subject to this Agreement (" Joint Use Area") includes parking areas and outdoor basketball courts and sports fields as depicted in Exhibit B.

B. Upon execution of this agreement District shall grant to the City a separate easement for a
portion of the Joint Use Area (`Basement Area"). That area is depicted in Exhibit C. The Parties will enter into the Easement Agreement for the Easement Area in in the form of Exhibit D.

C. The City acknowledges that the acreage in the Easement Area will be used to satisfy River Islands Development' s ( RID) obligation to provide Quimby Act acreage for its development impacts. The entire Joint Use Area will be considered a Community Park for the River Islands Master Parks and Open Space Plan, but River Islands will only receive Community Park credit equal to 8. 7 acres equal to the acreage of the easement area ( 8 acres) and the . 7- acres for the tot lot and public restroom facility.

D. District has entered into a long- term lease of the School to River Islands Academies (" RIA"), a
public school district. RIA shall be required to
comply with the terms of this Agreement with respect to all operating and maintenance rights and obligations under the terms of its Lease with District.

3. Up rades.

Within 90 days of Agreement execution by all Parties, City shall cause the following upgrades to be made at the School Site (" Upgrades"):

A. Fencing— As part of the Master Parks and Open Space Plan obligation and in exchange for the 8. 7 acres of Community Park credit, City shall cause River Islands Development to pay for and construct a new 6' chain link 119
fence in the location identified on Exhibit B. The fence shall include lockable gates, along Somerston Parkway, Academy Drive and Marina Drive. River Islands Development will also be responsible for the adjustment of the existing fence west of the three northern basketball courts in order to allow community access during Non- School Hours.

B. Soccer Goals - City shall provide five ( 5) sets of Heavy-Duty NCAA Regulation Portable Soccer Goals( 24 feet wide, 8 feet high, and 9 feet deep) C. Cricket Pitch— City shall design and install a 15' x 100' cricket pitch within the joint use area. This pitch will be concrete based and covered with an all- weather synthetic surface. The pitch will be located in a manner to provide minimal impact to the ability to provide multiple playing fields at this location.

D. Signage — City shall provide signage at each lockable gate that would describe the hours of City operation and would clearly indicate School Day Hours ( as defined in Section 6) when the community is not allowed access.

Access to the Joint Use Area by the community shall not occur until the Upgrades have been completed.

4. Contributions for Maintenance and Repair.

A. District shall be responsible for performing all maintenance and repair of the Joint Use Area. District has reviewed the Maintenance Agreement for the maintenance and repair of Public Facilities within River Islands between the City and RIPFA and agrees to seek reimbursement of 50°Io of the regular maintenance and repair costs of the Joint Use Area from RIPFA and Community Facilities District 2012- 0 l. District agrees it shall have no right to reimbursement from the City for any costs of maintenance and repair of the Joint Use Area.

B. District shall provide RIPFA annually copies of all invoices associated with the annual maintenance and repair of Joint Use Area, City shall cause RIPFA to annually reimburse District 50% of the total associated expenses.

C. If either Party hosts a tournament or other scheduled event that is extraordinary to the normal use of the Joint Use Area, that Party shall be responsible for any extra costs associated with such event. The hosting Party may defer those costs to the participants of the event.

5. Purpose of Joint Use Areas.
120
The purpose of this Agreement is to provide the District students at the School with facilities for school purposes, and the community members of the City regular access to the Sports Fields for organized sports in a manner consistent with the City' s Master Parks and Open Space Plan (" Parks Plan") for the River Islands Development (" Development"). City acknowledges and agrees that the Joint Use Area is intended to provide the specific types of fields and facilities required by the Parks Plan and that City will program the use of the Joint Use Area during NonSchool Hours ( as defined below) consistent with the intent of the Parks Plan

6. Schedulin Joint Use Areas.

The Parties agree to cooperate in the coordination of programs and activities conducted at the Sports Fields so as to avoid conflicting uses and to ensure the availability of the Joint Use Area to District, City, and community on an equitable basis. The following guidelines will control the scheduling of the Joint Use Area.

A. School Use. District shall have exclusive use of the Joint Use Area during the " School Day." The " School Day" is comprised of the hours from 8: 00 a.m. to 4: 30 p. m. on each day that School is in session. Additionally District shall have priority during Non- School Hours, Monday through Friday, for the use of the Joint Use Area over other users..

B. City Use. The Joint Use Area shall be available for City and community use for the maximum extent possible after the School Day on days when School is not in session and on weekends. (" Non- School Hours".) C. Priority During Non- School Hours*. During Non-School Hours, District shall have priority in scheduling the entire Joint Use Area for School and District related functions and events for up to ten ( 10) weekend days per year. Following the establishment of these 10 dates annually, the Joint Use area will be available for use within the following priorities:
lsr Priority: District/City programs
2" a
priority: Local Youth programs
3` a
Priority: Private ( Third- Party) Rentals
During Non- School Hours when the joint use facility is not programed for above uses it will be open to the public for drop in usage as a community park site.

D. Scheduling Timetable.

1. Prior to November 1St of each School year, District shall provide City with a preliminary schedule of all proposed District uses for the following school year.
121

2. Prior to January 15r" of each year, City shall submit to District a proposed schedule of all City uses for the following school year.

3. Based on the District' s and City' s proposed schedule, City shall create a Proposed Schedule for District, City and community events at the Joint Use Area during the School Day and Non- School Hours.

4. Notwithstanding any schedule referenced above, the Parties acknowledge that District often does not receive its soccer schedule until the soccer season is about to begin. Therefore, for any school soccer practice, games, or for any tournaments hosted by the District, District shall have first priority for the use of the Sports Fields Monday through Friday during Non-School Hours and such use shall be at no extra cost to District.

7. Coordination.

The designated representatives of the Parties shall meet at least annually to discuss operations and scheduling of the Joint Use Area and make any necessary adjustments. The Parties agree to use good faith efforts to accommodate both Parties' use of the Joint Use Area.

8. Compliance With Law.

Any and all persons using the Joint Use Area shall abide by applicable local, state and federal laws and regulations as well as abide by District Policies and Administrative Regulations applicable to the use of the Joint Use Area as a Community Park.

9. Operations of Joint Use Area.

A. District shall be responsible for the day- to- day operations of the Joint Use Area except as otherwise provided in this Agreement.

B. District shall be responsible for providing staffing and supervision during the School Day when School is in session and during any official, schoolsponsored activities that occur during Non- School Hours.

C. City shall be responsible for providing staffing, supervision, and security during all times during which the Joint Use Area is used for City programs, activities and events.

E. City shall be responsible for the scheduling, management, and permitting of all Non- School hour uses or rentals of the Joint Use Area. Including the processing and approval of Field Reservation Permits, collection of associated fees, and required insurance as identified within section 13 of this agreement. 122
F. District agrees that the City shall utilize approved Field Reservation Permit form included as Exhibit D and dated February 2022 for rentals of the Joint Use Area. City also agrees to resubmit a copy of the Field Reservation Permit to the District for approval following any changes or updates to the document. In the event those changes are not acceptable to the District, those changes shall not apply to the Joint Use Area and only the terms as written in February 2022 and included in Exhibit D shall apply.

10. Third-Party User Fees and Permit Conditions.

Ciry will be responsible for the setting of users fees for third party renters of the Joint Use Area during Non- School Hours. These fees will be consistent with other rentable spaces throughout the City. Costs associated with the use of the Joint Use Area by community groups shall include but are not limited to custodial support, additional trash pickup costs, and custodial services, including overtime pay for District custodians or Ciry Staff if they must re- clean the Sports Fields and/or Joint Parking Areas. Charges shall be paid by the group or entity before the date of the event or start of the activity. Any fees associated with additional cleaning will be passed along to the responsible third- party. If the user fees set by the City are not sufficient to cover all the costs referenced in this paragraph, then City ( and not RIPFA) shall pay for the shortfall.

The Parties to this Agreement agree to a zero-tolerance policy for any group not complying with the terms outlined in the plans.

11. Schedulin of Repairs.

District shall perform any required repairs and shall attempt to schedule such repairs during Non- School Hours, or breaks when school is not in session in a manner consistent with City procedures for other parks that would minimize conflicts with a scheduled City uses.

12. Student Safety.

The safety and security of District students and staff are of the utmost importance.

Therefore, use of the Sports Fields during School Hours will be limited to use by students, teachers, and other District staff. All use by non- District users ( both far City- sponsored and other community events) will take place on after 4: 30 pm Monday through Friday on weekends, or days when School is not in session and will abide by District Policies and Administrative Regulations applicable to the use of the Joint Use Area as a Community Park. These District policies shall require that all visitors shall register immediately at the principal' s office upon entering the School grounds when School is in session.
123
Additionally, District understands that City desires to install a Cricket Pitch prior to the completion of Upgrades. Any construction activity of the Pitch must occur during Non-School Hours and as noted above, any use of such Pitch shall not occur until the Upgrades are complete.

13. Insurance.

A. Each Party agrees to either self-insure, secure excess insurance coverage or purchase and maintain insurance in an amount not less than specified below or insure against damages or injuries which may arise from the activities contemplated by this Agreement. Such insurance shall be in the form of a commercial general liability insurance policy and automobile policy, both with a combined single limit of not less than One Million Dollars ($ 1, 000, 000), which policy shall include or be endorsed to include the other Party as well as the District' s tenant and RIPFA as an additional insured. The Parties agree to provide evidence of such insurance upon request. Each Party shall also carry Workers' Compensation Insurance for its own employees as required by law.

B. City shall require all third party users of the Joint Use Area to provide, purchase, and maintain insurance in an amount not less than specified below or insure against damages or injuries which may arise from the activities utilizing the Joint Use Area. Such insurance shall be in the form of a commercial general liability insurance policy with a combined single limit of not less than One Million Dollars ($ 1, 000, 000), which policy shall include or be endorsed to include the City and District, its tenant and RIPFA as additional insureds.

14. Hold Harmless and Indemnification.

A. District Hold Harmless and Indemnitv. District shall indemnify, defend, and hold City harmless from all claims or causes of action for injury to persons or damage to property resulting or arising from the use of the Joint Use Area by District.

B. City Hold Harmless and Indemnity. City shall indemnify, defend, and hold District harmless from all claims or causes of action for injury to persons ar damage to property resulting or arising from the use of the Joint Use Area by City for City programs or events at the Joint Use Area.

C. City shall require all third party users of the Joint Use Area to agree to a release of liability waiver that shall indemnify, defend, and hold City/ District, its tenant and RIPFA harmless from all claims or causes of action for injury to persons or damage to property resulting or arising from the use of the Joint Use Area.
124

15. Fin erprinting.

A. City certifies all City contracted instructors and volunteer coaches utilizing the Joint Use Area for City activities have been cleared by a fingerprint check performed by the California Department of Justice and is not prohibited from being employed by City or having contact with students pursuant to applicable state law. City is obligated to comply with all state requirements for fingerprinting including but not limited to Education Code section 45125. l.

16. Mediation.

A. In an effort to resolve any conflicts that arise in connection with the terms of this Joint Use Agreement, the Parties agree that all disputes between them arising out of or relating to this Agreement shall first be submitted to nonbinding mediation unless the Parties mutually agree otherwise.

B. If inediation is unsuccessful, any controversy or claim arising out of or relating to this Agreement shall be settled, if necessary, by binding arbitration in San Joaquin County in accordance with the arbitration rules of the San Joaquin County Superior Court (" Arbitration Rules"). To the extent that the provisions within this Agreement do not conflict with the Arbitration Rules, the Parties agree to all of the provisions set forth in this Agreement. If the Parties are unable to agree on the arbitrator within thirty 30) days of the receipt of a written request for arbitration, they shall request that the presiding judge of the San Joaquin County Superior Court designate one. The Parties shall each pay one-half of the cost of any arbitration. Each Parry shall be responsible for its own attorney' s fees and costs as to any such arbitration. Any arbitrator chosen or designated must have experience in real property law. Notwithstanding anything to the contrary, once a written request for arbitration has been made, each Party shall have the right to conduct discovery pursuant to the procedures set forth in the Civil Discovery Act of 1986, as amended, even if an action has not been filed.

17. Notices and Contacts.

All notices, demands, requests, approvals, authorizations, or designations shall be in writing and shall be given and served upon the other Party or sent by United States registered mail, return receipt requested, postage prepaid, and addressed as follows:

Banta Unified School District: Superintendent
Banta Unified School District
22375 So. El Rancho Road
Tracy, CA 95304- 9413
125
City: Director of Parks, Recreation and
Maintenance Services
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Lathrop City Manager
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
River Islands Academies ( while under tenancy of School):

Executive Director
River Islands Academies
1175 Marina Drive
Lathrop, CA 95330
River Islands Development, LLC
President
73 Stewart Road
Lathrop, CA 95330
Any entity listed above may change its address or contact person by giving written notice to the other Parties.

18. Assignment and 5ubcontracting.

This Agreement may not be assigned by either Party without the prior written consent of the other Party. City shall not subcontract its work under this Agreement without the prior written consent of District. District reserves the right to approve or disapprove each and every subcontractor and the payment price for each and every subcontractor. Such approval shall not be unreasonably refused.

Notwithstanding the above, the Parties understand that District has leased the School to RIA and RIA, during the term of its tenancy, will be acting in the capacity of District with respect to all operational aspects of this Agreement.

19. Civic Center Act.

Both Parties acknowledge that the Sports Field will be identified as a " Civic Center" pursuant to the Civic Center Act and District policy. Both Parties understand that this Agreement is in furtherance of the Civic Center Act policy.

20. Authoritv of the Parties.

Each person executing this Agreement on behalf of one of the Parties represents and warrants that he or she is duly authorized to execute this Agreement. 126

21. Termination.

This Agreement shall terminate as follows:

A. Either party may terminate this Agreement in the event of a material breach which has not been cured within ninety (90) days of written notification of the breach to the breaching Party;
B. District may terminate the Agreement as to all or a portion of the Joint Use Area if District determines after a duly-noticed public hearing, that the Joint Use Area or a portion thereof is needed for District purposes.

C. Either Party may terminate this Agreement if costs exceed funds available from additional funding sources to maintain the Joint Use Area. The Party wishing to terminate the Agreement under this sub- paragraph shall provide written notice to the other Party thirry ( 30) days prior to the date of termination.

22. Entire Agreement.

The foregoing constitutes the entire agreement and understanding between District and City concerning the subject matter of this Agreement, replacing and superseding all prior agreements or negotiations, whether written or verbal. No term or condition of this Agreement shall be modified or amended except by writing executed by District and City.

IN WITNESS WHEREOF, the Parties have executed this Agreement on the dates set forth below.
127
BANTA UNIFIED SCHOOL DISTRICT: CITY OF LATHROP:

By: By:

Superintendent City Manager
Date: Date:

APPROVED AS TO LEGAL FORM: APPROVED A5 TO LEGAL FORM:

By: Parker and Covert By:

City Attorney
Date: Date:

ATTEST:

B y:

City Clerk
128
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EXHIBIT " D"
RESERVATION FORM Pg 1
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1 1 : Field Reservation Permit F orm
City af Lathrop Parks& Recreatian Department
15557 Fifth Street, lathrop CA, 95330 ( Phone: 2Q9. 941. 7370 F tt s: l/ ci. l throu. c. i s
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Al! sectians must be filled out completely. Please print tlearly.

All fees are due upon application submittal.

MR 9 4
Applicant/ Contact Name:

Qrganization Name: Non- Profit Status 5 1{ c){ 3):

If Applicabt
Yes --- 1 No
Address: City: State: Zip:

Primary Phone: Cetl Phone: Email( Required}:
1 R
Park Location: Field Location: Time:

Event/ Renta! Date RequesEed: E++ent Oetailed Gescription:

Practice Tournament Games
5part:

Basketball Baseball Softbatl Flag Football Saccer Cricket Other.

Additional Items:
tnsurance Frovided? Yes No Reoceurring Rental: Yes No
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Date Applicatioo Received:

Received By: To#ai Paid:$ Receipt Number
Approved: February 2022
132
EXHIBIT " D"
RESERVATION FORM Pg 2
Acknowiedgement of Rental Policies and Procedures
By initialing below, i am acknowledging that I have read each of the policies and agree to adhere to them.

Alcoho) Prohibited( Municipal Code 1Q. 2U.010)
I understand that the consumption and possession of any alcoholic beverages are prohi6ited in all city parks and faciliiies.

Amplified Sound Municipal Code 8. 20.050/$. 2. 050)
I understand that amplified sound can only 6e ailowed by approval of the Lathrop Police Services. All sound applications must be submitted when makin the reservation. The Cit of lathro is not issuin outdoor sound ermits at this time.

Smoking Prohibked( Municipal Code 12. 30. 030)
I understand that smoking is prohibited at all parks, recreation areas, and city buildings.

Vehicular Access( Mu icipal Code 10.20.010}
I understand that NO vehicles are permitted in city parks at any time. No exceptions.

No Outside Griils( Municipal Code 10.20.010}
I understand that NO outside grills( charcoa) or propanej are permitted in city parks at any time.

Cancellations
I understand that a full refund minus at$ 15 administration fee will be given for cancellations that are made more than fourteen( 14) calendar da s prior the reservation. GancellaYions made( ess than fourteen( 14) calendar days prior to the reservation shall forfeit all fees.

Inclement Weather
I understand that refunds will NOT be issued dUe to inclement weather.

General Liability Insurance: The undersigned shall maintain general liability insurance in an amount not less than one million dollars($ 1, 000, 000} per occurrence for bodily injury, personal injury, and property damage. Undersigned' s genera) liability policies shall be endorsed to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies.

Warkers' Compensation: Organizations with employees shall maintain Workers' Compensation Insurance 5tatutory Limits) and Employer' s Liability Insurance with limits of at least one million dollars($ 1, 000, 00).

Undersigned shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.

River Islands loint Use Area Insurance: If activity is taking place on the loint Use area adjacent to the school site in River Islands insurance documents must also include the Banta Unified School District, its Tenant, RIPFA, its officers, agents, employees as an additional insured
Indemnity/ Hold Harmless Agreement: Undersigned shall indemnify, defend, and hold harmless the Gty and any loint Use partners, all officers, employees, agents and volunteers(" City indemnitees"), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels' fees and costs of litigation claims"), arising out of the Undersigned' s performance of its obligations under this agreement or out of the operations conducted by Undersigned, except for such loss or damage arising from the sole negligence or willful misconduct of the City.

In the event the City indemnitees are made a party to any action, faevsuit, r other adversarial proceeding arising from Undersigned' s performance of this agreement, the Undersigned shall provide a defense to the City indemnitees, or at the City' s option, reimburse the City indemnitees their costs of defense, including reasonable lega! counsels' fees, incurred in defense of such claims.

Communicable Disease Waiver and Release: Undersigned wai es and releases the City from any and all claims, causes of action, allegations, or assertions that may arise relating to infection of any person by COVID- 19 or other communicable disease that occurs, or is alleged to occur, during the event. Undersigned also agrees to defend, indemnify, nd hold City harmless from any and all claims, causes of action, allegations, or assertions made against City or City' s employees arising from or relating to actual or alleged infectian occurring during the event, except where caused by the sole negligence or willful misconduct of the City.
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133
EXHIBIT " D"
RESERVATION FORM Pg 3
Organizations: I have read the Facility Use Policy and do hereby certify that I have been duly authorized by the above- named organization which I represent to enter into this agreement, and that the activity which the organization is sponsoring fully meets the conditions set for the herein and that we agree to observe all rules and procedures as stated.

We ( I) have read and fully understand the Policies and Procedures set forth by the City af Lathrop Parks and Recreation Department and agree to adher to them. We (!) agree that failure to comply with the aforementioned Policies and Procedures will result in permit 6eing revoked and forfeiture of all deposits and fees paid and the City of Lathrop Parks and ftecreation Department may deny any future permit requests. Furthermore, we( I) here6y waive, release and discharge the City any laint Use partners, all agents, volunteers, officers, and employees{ hereinafter collectively" City") from any and all claims for damages for any loss, induding but not limited to, personal injury, death, or property damage. This release is intended to disct arge in advance the City from any and all liability arising out of or connected in any way, even though that lia6ility may arise out of negligence or carelessness on the part of the released parties referenced as" Cit' above.

Prin#ed Nazne Orsanizations Name
Renter' s Signature Date
Driver' s License Number I
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Approved Denied
Signature: Date:
r1pproved: Febr ary 2L722
134

EXHIBIT E

FORM OF EASEMENT TO BE EXECUTED
135

RECORDING REQUESTED BY
AND WHEN RECORDED RETIJRN TO:

City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Attn: City Clerk
Space Above for Recorder' s Use)

EASEMENT AGREEMENT
This EASEMENT AGREEMENT (" Agreement") dated as of 2022, is made by and between the Banta Unified School District, a public school district existing under the laws of the State of California (" District"), and the City of Lathrop, a municipal corporation of the State of California (" City"). District and City, and each of their respective heirs, successors and assigns, are sometimes hereinafter referred to individually as " Party" and collectively as " Parties."

RECITALS
A. District is the owner of certain real property located in the City of Lathrop, County of San Joaquin, 5tate of California, underlying and surrounding the Easement Area ( defined below), upon which District has constructed certain elementary school and middle school improvements (" School Site"). District is willing to grant to City, and City is willing to accept from District, an easement over a portion of the School Site depicted on Exhibit A- 1 and described on Exhibit A- 2 attached hereto and incorporated herein by this reference (" Easement Area"), in accordance with the terms and conditions set forth herein. The Easement Area includes both sports fields, outside basketball courts and parking areas, as depicted on Exhibit A- l. The Easement Area is approximately eight ( 8. 8) acres in size.

B. District and City have entered into that certain Joint Use Agreement Between the Banta Unified School District and the City of Lathrop, dated 2022. The Joint Use Agreement ( as defined below) describes certain sports fields, outdoor basketball courts and parking areas. The Easement Area constitutes only a part of the Joint Use Area designated within the Joint Use Agreement. The Joint Use Agreement and any successor Joint Use Agreement between City and District, and any amendment, modification or extension thereof, is referred to herein as the " Joint Use Agreement." The Joint Use Agreement, among other things, contains certain terms and conditions pursuant to which the District and the City will share the use of the Easement Area, as well as share the operations and maintenance costs related to the Easement Area and other District property subject to the Joint Use Agreement.

C. The purpose of the Joint Use Agreement and this Agreement is to maximize the use of the school facilities by providing students of District and residents of City regular access to the Easement Area in a manner that does not interfere with District' s use of the Easement Area for District' s school system and is used by the community in a manner that is consistent with the 136
Master Parks Plan for the River Islands project. This Agreement is not intended to affect property other than the Easement Area.

D. River Islands Development, LLC, a Delaware limited liability company (" River Islands"), is the master developer of a residential and commercial mixed-use project that is located on approximately 4, 800 acres in the City and is commonly referred to as the River Islands Project River Islands Project"). The River Islands Project is more specifically described in that certain 2003 Amended and Restated Development Agreement by and between City, Califia, and The Cambay Group, Inc., dated February 4, 2003, and recorded on March 31, 2003, as Document No. 2003- 069319 in the Official Records of San Joaquin County (" Official Records"). The Easement Area is located within the River Islands Project on the School Site ( as defined in the Joint Use Agreement). As used herein, " River Islands" shall mean River Islands, LLC, or River Islands' designated successor- in-interest as master developer of the River Islands Project.

NOW, THEREFORE, for good and valuable consideration, receipt of which is hereby acknowledged, District and City covenant and agree as follows:

AGREEMENT

1. Use of Easement Area. District hereby grants to City a non- exclusive perpetual right to use the Easeinent Area for the sole purpose of providing community- based athletics in a manner that does not interfere with District' s use of the Easement Area for District purposes (" Play Field Easement") and in a manner that is wholly consistent with the Master Parks Plan governing the River Islands Project. District shall have exclusive use of the Easement Area from the hours of 8: 00 a.m. to 4: 30 p. m. (" School Hours") on each day that school is in session (" School Day").

City' s and District' s respective rights and obligations regarding the Play Field Easement and the use of the Easement Area including use on a School Day outside of School Hours and on days when school is not in session including weekends and holidays ( collectively " Non- School Hours") shall be as described in, and subject to, this Agreement and the Joint Use Agreement and shall be as otherwise mutually agreed upon in writing by District and City. If at any time during the term of this Agreement, the Joint Use Agreement with respect to the Easement Area has been terminated or expired and has not been renewed by mutual agreement of District and City, City and District shall continue to share the Easement Area during the term of this Agreement during Non-School Hours in accordance with the terms and conditions of this Agreement and the Joint Use Agreement last in effect between the parties, until a new Joint Use Agreement is entered into with respect to the Easement Area.

2. Maintenance. District shall maintain the Easement Area and the costs of maintenance shall be shared by City and District as outlined in the 7oint Use Agreement.

3. Reservation. District hereby reserves the right to Llse the Easement Area and to grant such easements and other interests therein for purposes not inconsistent with the rights of City under this Agreement.

4. Restriction on Use. City' s use of the Easement Area shall not interfere with school activities or District' s use of the Easement Area as further specified in the Joint Use Agreement.

City' s use of the Easement Area under this Agreement shall be consistent with the terms and conditions of the Joint Use Agreement then in effect and subject to any and all existing 137
encumbrances or easements on the Easement Area. Additionally, City' s use of the Easement Area shall not conflict with the intended use of the specified fields and facilities under the Master Parks Plan far the River Islands Project. If no Joint Use Agreement is in effect, the use shall be consistent with the Joint Use Agreement last in effect. City shall not construct any building, structure or improvement on the Easement Area without the prior written consent of District.

5. Enforcement Rights and Remedies. All of the provisions, agreements, rights, powers, covenants, conditions and obligations contained in this Agreement shall be binding upon the parties, their respective heirs, successors ( by merger, consolidation or otherwise) and assigns, devisee administrators, representatives, lessees and all other persons acquiring the Easement Area, or any portion thereof or any interest therein, whether by operation of law or in any manner whatsoever, and shall inure to the benefit of the parties and their respective heirs, successors and assigns. City and District acknowledge and agree that if any party breaches any of the restrictions contained herein, money damages may not be adequate compensation. As a result, each party agrees that in the event of a breach, the non- breaching party, in addition to any other remedy available at law or equity, shall be entitled to equitable relief including but not limited to an order compelling the breaching party to perform an act which the party is required to perform under this Agreement or which is necessary to bring the breaching party into compliance with restrictions contained herein or prohibiting the breaching party from performing any act that violates this Agreement.

6. District and City Covenants; Express Third- Party BeneficiarX. District and City hereby agree that the Easement Area or a Replacement Easement Area ( as defined below) shall continue to be used as playfields and for related athletic purposes, so long as this Agreement remains in effect, and such use shall be consistent with a Joint Use Agreement governing the Easement Area. Until River Islands or its successor in interest is no longer developing or constructing any portion of the River Islands Project( referred to herein as " Buildout"), District and City agree as follows:
a) This Agreement may not be terminated or amended without the prior written consent of River Islands, such consent not to be unreasonably withheld, provided that such consent may be conditioned upon District and City agreeing to continue to use the Easement Area for sports and related athletic purposes until Buildout;
b) Upon the reasonable request in writing of River Islands to City and District, City and District will terminate this Agreement and quitclaim their rights hereunder ( and shall exercise their best efforts to agree upon and enter into a replacement document related to the subject matter hereof that is mutually acceptable to City, District and River Islands), to the extent River Islands reasonably determines that such actions are necessary for District and River Islands to obtain the maximum funding/ reimbursement available for the Easement Area as contemplated by that certain Master School Impact Mitigation Agreement by and between River Islands and District, dated January 27, 2003, and recorded on March 7, 2003, as Document No. 2003- 051835 in the Official Records, as such document may from time-to-time be re- stated ar amended, and for River Islands to receive park acreage credits from City for the Easement Area; provided that if the Agreement is terminated on River Islands' reasonable request pursuant to this Section 6, then River Islands shall provide to City replacement acreage and facilities sufficient to meet its obligations pursuant to the 2003 Amended and Restated Development Agreement referred to above and the Conditions of 138
Approval required under Vesting Tentative Map 3491, approved by the Lathrop City Council on July 19, 2005 ( or successor map generally covering the same area); c) River Islands, though not a signatory to this Agreement, shall be an express third- party beneficiary of the provisions of this Section 6, with the right but not the obligation to directly enforce the obligations of District and City under this Section 6, but with respect only to the requirement that the Easement Area be used for sports fields and parking, provided that River Islands' right as a third-party beneficiary to enforce said obligations shall terminate upon Buildout; d) River Islands shall not be a third-party beneficiary to the Joint Use Agreement, and e) The parties agree that they will, upon request of the other party or of River Islands, execute and deliver such further documents and do such further acts and things as may reasonably be required in order to affect fully the purposes of this Section 6.

7. Termination/ Cancellation. Subject to Section 6( a) above, this Agreement may be terminated or cancelled based on any one of the following grounds:
a) Upon mutual rescission by City and District including without limitation termination of the Agreement as contemplated by Section 6( b) above. b) City agrees in writing to abandon its rights under this Agreement. c) Upon ninety ( 90) days' written notice by District following non- use by City of the Easement Area for a continuous period of five ( 5) years which use does not recommence within such 90-day notice period.
d) Upon ninety( 90) days' written notice by a party hereto following a Material Breach defined below) of this Agreement or the then current Joint Use Agreement by the other party, which breach remains uncured for such 90- day period, provided that the alleged breaching party shall not be in default ifit commences to cure such breach within such 90- day period and thereafter diligently pursues the cure to completion within 180 days. For purposes of this Agreement, Material Breach" means a substantial and material breach when considered within the scope of the alleged breaching party' s obligations under this Agreement andlor the Joint Use Agreement.

Notwithstanding the foregoing, this Agreement shall not terminate during the pendency of any good faith dispute between the parties related to the parties' respective performance hereunder. e) Consistent with the judicial interpretation given to Civil Code section 811 concerning extinguishment of easements, Ciry performs any act which is incompatible with the District' s use of the Easement Area.

8. Temporary Use. If a substantial event such as an accident, breakage or failure of equipment, fire, flood or other natural disaster occurs that requires the vacation of any classroom facility within District or District needs additional temporary classroom facilities, and it is infeasible for the District to locate temporary classroom facilities in a location other than upon the Easement Area, District shall be permitted to locate temporary classroom facilities on the Easement Area for a period not to exceed two (2) years, provided that the Easement Area shall be used only as a location of last resort for any temporary classroom facilities, and the District shall, 139
as soon as reasonably feasible, commence and diligently prosecute to completion the repair and/ or reconstruction of permanent facilities and remove the temporary classroom facilities from the Easement Area immediately upon completion of permanent facilities. During any period when District requires use of the Easement Area pursuant to this Section 8, City shall not be responsible for its share of the maintenance costs on the portion of the Easement Area occupied by District' s temporary classroom facilities.

9. Relocation. District shall have the right from time to time upon at least ninety 90) days' prior written notice to require the relocation of the Easement Area, provided that i) District shall exercise its rights under this Section 9 in good faith and ( ii) District shall provide to Ciry a substitute area on the School Site of approximately equal size, with similar athletic field facilities (" Replacement Easement Area"). To the extent that improvements upon the Easement Area are relocated to the substitute location, District shall be responsible for the costs of such relocation. Upon any such relocation, the parties shall execute and deliver such documents as reasonably required to establish City' s right to use the new substituted location in exchange for the relinquishment of its rights to use the former location subject to the Joint Use Agreement.

10. Indemnity: Easement Area Repair.
a) City shall defend, indemnify, and hold harmless District and its officers, employees, and agents from any and all claims, liabilities, suits, and causes of action for damages for injury to persons or property that arise out of the use of the Easement Area pursuant to this Agreement by City and its officers, employees, agents, invitees, and visitors, save and except for claims, liabilities, suits, and causes of action arising from the sole and active negligence or willful misconduct of District and its officers, employees, and agents. b) District shall defend, indemnify, and hold harmless City and its officers, employees, and agents from any and all claims, liabilities, suits, and causes of action for damages for injury to persons or property that arise out of the use of the Easement Area pursuant to this Agreement by District and its officers, employees, agents, invitees, and visitors; save and except for claims, liabilities, suits, and causes of action arising from the sole and active negligence or willful misconduct of City and its officers, employees, and agents. c) Except to the extent otherwise specifically agreed to in writing by District and City in the Joint Use Agreement or otherwise: ( i) City shall be solely responsible for all repair and/ or replacement costs with respect to damage to the Easement Area occurring during or as a result of a City scheduled use; ( ii) District shall be solely responsible for all repair and/ or replacement costs with respect to damage to the Easement Area occurring during or as a result of District use; and ( iii) if damage to the Easement Area occurs at a time when neither District nor City, nor their respective officers, employees, agents, ar invitees, is using the Easement Area, District and City shall share equally in the repair and/ or replacement cost with respect to the damage. District shall make the repairs and charge City for half the costs of the repairs or replacement costs. City shall reimburse District for its share of the costs within thirty (30) days of receipt of the invoice.

11. General Provisions.
140
a) Restriction on Transfer; Binding on Successors. City shall not grant, assign, or otherwise transfer all or any portion of its rights under this Agreement to any person or entity without the prior written consent of District, provided that, with respect to any outright assignment of this Agreement by City, District' s consent may be withheld in District' s sole and absolute discretion, and otherwise ( e. g., if City desires to grant a temporary license or permit to a club or organization using the Easement Area), District' s consent shall not be unreasonably withheld, and any such purported grant, assignment, ar transfer in violation of this Section 11( a) shall be void and of no effect. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the heirs, successors and assigns of the parties. This Agreement shall be recorded in the Official Records.
b) Notices. All notices or other communications required or permitted hereunder shall be in writing and shall be personally delivered ( including by means of professional messenger service), sent by overnight courier, sent by registered or certified mail, postage prepaid, return receipt requested to the addresses set forth below, or sent by electronic facsimile to the telefacsimile numbers set forth below. All such notices or other communications shall be deemed received upon the earlier of (i) if personally delivered or sent by overnight courier, the date of delivery to the address of the person to receive such notice, ( ii) if mailed as provided above, on the date of receipt or rejection, or ( iii) if given by electronic facsimile, when received by the other party if received Monday through Friday between 9: 00 a. m. and 5: 00 p. m., so long as such day is not a state or federal holiday and otherwise on the next business day.

If to District, addressed to: Superintendent
Banta Unified School District
22375 So. El Rancho Road
Tracy, CA 95304- 9413
Facsimile: ( 209) 835- 0319
If to City, addressed to: Director of Parks and Recreation and Maintenance City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Facsimile: ( 209) 941- 7219
With a
copy to: City Manager
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Facsimile: ( 209) 941- 7219
River Islands ( prior to Buildout):

River Islands Development, LLC
73 W. Stewart Road
Lathrop, CA 95330
Attention: Susan Dell' Osso
Facsimile: ( 209) 879- 7928
141
the provisions of this Agreement shall be deemed to constitute a waiver of any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver. d) Counterparts. This Agreement may be executed in counterparts each of which shall be an original but all of which taken together shall be one agreement. e) No Dedication. Nothing contained herein shall be deemed to be a gift or dedication to the general public, it being the intention of District that this document be strictly limited to and for the purposes expressed herein.

Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California.

IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth below.

BANTA UNIFIED SCHOOL DISTRICT: CITY OF LATHROP:

By: By:

Superintendent City Manager
Date: Date:

APPROVED AS TO LEGAL FORM:

APPROVED AS TO LEGAL FORM:

By:

By: Parker and Covert City Attorney
Date:

Date: ATTEST:

By:

City Clerk
RIVER ISLANDS DEVELOPMENT, LC:

B y:

President
Date:
142
EXHIBIT " A- 1"

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ATTACHMENT C

RECORDING REQUESTED BY
AND WHEN RECORDED RETIJRN TO:

City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Attn: City Clerk
Space Above for Recorder' s Use)

EASEMENT AGREEMENT
This EASEMENT AGREEMENT (" Agreement") dated as of 2022, is made by and between the Banta Unified School District, a public school district existing under the laws of the State of California (" District"), and the City of Lathrop, a municipal corporation of the State of California (" City"). District and City, and each of their respective heirs, successors and assigns, are sometimes hereinafter referred to individually as " Party" and collectively as " Parties."

RECI'TALS
A. District is the owner of certain real property located in the Ciry of Lathrop, County of San Joaquin, State of California, underlying and surrounding the Easement Area ( defined below), upon which District has constructed certain elementary school and middle school improvements (" School Site"). District is willing to grant to City, and City is willing to accept from District, an easement over a portion of the School Site depicted on Exhibit A- 1 and described on Exhibit A- 2 attached hereto and incorporated herein by this reference (' Basement Area"), in accordance with the terms and conditions set forth herein. The Easement Area includes both sports fields, outside basketball courts and parking areas, as depicted on Exhibit A- 1. The Easement Area is approximately eight ( 8. 8) acres in size.

B. District and City have entered into that certain Joint Use Agreement Between the Banta Unified School District and the City of Lathrop, dated 2022. The Joint Use Agreement ( as defined below) describes certain sports fields, outdoor basketball courts and parking areas. The Easement Area constitutes only a part of the Joint Use Area designated within the Joint Use Agreement. The Joint Use Agreement and any successor Joint Use Agreement between City and District, and any amendment, modification or extension thereof, is referred to herein as the " Joint Use Agreement." The Joint Use Agreement, among other things, contains certain terms and conditions pursuant to which the District and the City will share the use of the Easement Area, as well as share the operations and maintenance costs related to the Easement Area and other District property subject to the Joint Use Agreement.

C. The purpose of the Joint Use Agreement and this Agreement is to maximize the use of the school facilities by providing students of District and residents of City regular access to the Easement Area in a manner that does not interfere with District' s use of the Easement Area for District's school system and is used by the community in a manner that is consistent with the Master Parks Plan for the River Islands project. This Agreement is not intended to affect property other than the Easement Area.
144
Master Parks Plan for the River Islands project. This Agreement is not intended to affect property other than the Easement Area.

D. River Islands Development, LLC, a Delaware limited liability company (" River Islands"), is the master developer of a residential and conimercial mixed-use project that is located on approximately 4, 800 acres in the City and is commonly referred to as the River Islands Project River Islands Project"). The River Islands Project is more specifically desci-ibed in that certain 2003 Amended and Restated Development Agreement by and between City, Califia, and The Cambay Group, Inc., dated February 4, 2003, and recorded on March 31, 2003, as Document No. 2003- 069319 in the Official Records of San Joaquin County (" Official Records"). The Easement Area is located within the River Islands Project on the School Site ( as defined in the Joint Use A reement). As used herein, " River Islands" shall mean River Islands, LLC, or River Islands' designated successor- in- interest as master developer of the River Islands Project.

NOW, THEREFORE, for good and valuable consideration, receipt of which is hereby acknowledged, District and City covenant and agree as follows:

AGREEMENT

1. Use of Easement Area. District hereby grants to City a non- exclusive perpetual right to use the Easement Area for the sole purpose of providing community- based athletics in a manner that does not interfere with District' s use of the Easement Are a for District pLlrposes (" Play Field Easement") and in a manner that is wholly consistent with the Master Parks Plan governing the River Islands Project. District shall have exclusive use of the Easement Area from the hours of 8: 00 a. m. to 4: 30 p. m. (" School Hours") on each day that school is in session (" School Day").

City' s and District' s respective rights and obligations regarding the Play Field Easement and the use of the Easement Area including use on a School Day outside of School Ho rs and on days whe n school is not in session including weekends and holidays ( collectively " Non- School Hours") shall be as described in, and subject to, this Agreement and the Joint Use Agreement and shall be as otherwise mutually agreed upon in writing by District and City. If at any time during the term of this Agreement, the Joint Use Agreement with respect to the Easement Area has been terminated or expired and has not been renewed by mutual agreement of District and City, City and District shall continue to share the Easement Area during the term of this Agreement during Non- School Hours in accordance with the terms and conditions of this Agreement and the Joint Use Agreement last in effect between the parties, until a new Joint Use Agreement is entered into with respect to the Easement Area.

2. Maintenance. District shall maintain the Easement Area and the costs of maintenance shall be shared by City and District as outlined in the Joint Use Agreement.

3. Reservation. District hereby reserves the right to use the Easement Area and to grant such easements and other interests therein for purposes not inconsistent with the rights of City under this Agreement.

4. Restriction on Use. City's use of the Easement Area shall not interfere with school activities or District' s use of the Easement Area as further specified in the Joint Use Agreement.

City' s use of the Easement Area under this A reement shall be consistent with the terms and conditions of the Joint Use Agreement then in effect and subject to any and all existing 145
encumbrances or easements on the Easement Area. Additionally, City' s use of the Easement Area shall not conflict with the intended use of the specified fields and facilities under the Master Parks Plan for the River Islands Project. If no Joint Use Agreement is in effect, the use shall be consistent with the Joint Use Agreement last in effect City shall not construct any building, structure or improvement on the Easement Area without the prior vritten consent of District.

5. Enforcement Ri hts and Remedies. All of the provisions, agreements, rights, powers, covenants, conditions and obligations contained in this Agreement shall be binding upon the parties, their respective heirs, successors ( by merger, consolidation or otherwise) and assigns, devisee administrators, representatives, lessees and all other persons acquiring the Easement Area, or any portion thereof or any interest therein, whether by operation of law or in any manner whatsoever, and shall inlire to the benefit of the parties and their respective heirs, successors and assigns. City and District acknowledge and agree that if any party breaches any of the restrictions contained herein, money damages may not be adequate compensation. As a result, each party agrees that in the event of a breach, the non- breaching party, in addition to any other remedy available at law or equity, shall be entitled to equitable relief including but not limited to an order compelling the breaching party to perform an act which the party is required to perform under this Agreement or which is necessary to bring the breaching party into compliance with restrictions contained herein or prohibiting the breaching party from performing any act that violates this Agreement.

6. District and Citv Covenants; Express Third-Party Beneficiary. District and City hereby agree that the Easement Area or a Replacement Easement Area ( as defined below) shall continue to be used as playfields and for related athletic purposes, so long as this Agreement remains in effect, and such use shall be consistent with a Joint Use Agreement governing the Easement Area. Until River Islands or its successor in interest is no longer developing or consCructing any portion of the River Islands Project( referred to herein as " BuildoLlt"), District and City agree as follows:
a) This Agreement may not be terminated or amended without the prior written consent of River Islands, such consent not to be unreasonably withheld, provided that s lch consent may be conditioned upon District and City agreeing to continue to use the Easement Area for sports and related athletic pnrposes until Buildout;
b) Upon the reasonable req lest in writing of River Islands to City and District, City and District will terminate this Agreement and quitclaim their rights hereunder( and shall exercise their best efforts to agree upon and enter into a replacement document related to the subject matter hereof that is mutually acceptable to City, District and River Islands), to the extent River Islands reasonably determines that such actions are necessary for District and River Islands to obtain the maximum funding/ reimbursement available for the Easement Area as contemplated by that certain Master School Impact Mitigation Agreement by and between River Islands and District, dated January 27, 2003, and recorded on March 7, 2003, as Document No. 2003- 051835 in the Official Records, as such document may from time- to- time be re- stated or amended, and for River Islands to receive park acreage credits from City for the Easement Area; provided that if the Agreement is terminated on River Islands' reasonable request pursuant to this Section 6, then River Islands shall provide to City replacement acreage and facilities sufficient to meet its obligations pursuant to the 2003 Amended and Restated Development Agreement referred to above and the Conditions of 146
Approval required under Vesting Tentative Map 3491, approved by the Lathrop City Council on July 19, 2005 ( or successor map generally covering the same area); c) River Islands, though not a signatory to this Agreement, shall be an express third- party beneficiary of the provisions of this Section 6, with the right but not the obligation to directly enforce the obligations of District and City under this Section 6, but with respect only to the requirement that the Easement Area be used for sports fields and parking, provided that River Islands' right as a third-party beneficiary to enforce said obligations shall terminate upon Buildout; d) River Islands shall not be a third- party beneficiary to the Joint Use Agreement, and e) The parties agree that they will, upon request of the other party or of River Islands, execute and deliver such fiirther documents and do such further acts and things as may reasonably be required in order to affect fully the purposes of this Section 6.

7. Termination/ Cancellation. Sllbject to Section 6( a) above, this Agreement may be terminated ar cancelled based on any one of the following grounds:
a) Upon mutual rescission by City and District including without limitation termination of the Agreement as contemplated by Section 6( b) above. b) City agrees in writing to abandon its rights under this Agreement. c) Upon ninety ( 90) days' written notice by District following non- use by City of the Easement Area for a continuous period of five ( 5) years which use does not recommence within such 90- day notice period.
d) Upon ninety( 90) days' written notice by a party hereto following a Material Breach defined below) of this Agreement or the then current Joint Use Agreement by the other party, which breach remains uncured for such 90- day period, provided that the alleged breaching party shall not be in default if it commences to cure such breach within such 90-day period and thereafter diligently pursues the cure to completion within 180 days. For purposes of this Agreement, Material Breach" means a substantial and material breach when considered within the scope of the alleged breaching party's obligaCions under this Agreement and/ or the Joint Use Agreement.

Notwithstanding the foregoing, this Agreement shall not terminate during the pendency of any good faith dispute between the parties related to the parties' respective performance hereunder. e) Consistent with the judicial interpretation given to Civil Code section 811 concerning extinguishment of easements, City performs any act which is incompatible with the District' s use of the Easement Area.

8. Temporar.. If a substantial event such as an accident, breakage or failure of equipment, fire, flood or other natural disaster occurs that requires the vacation of any classroom facility within District or District needs additional temporary classroom facilities, and it is infeasible for the District to locate temporary classroom facilities in a location other than upon the Easement Area, District shall be permitted to locate temporary classroom facilities on the Easement Area for a period not to exceed two ( 2) years, provided that the Easement Area shall be used only as a location of last resort for any temporary classroom facilities, and the District shall, 147
as soon as reasonably feasible, commence and diligently prosecute to completion the repair and/ or reconstruction of permanent facilities and remove the temporary classroom facilities from the Easement Area immediately upon completion of permanent facilities. During any period when District requires use of the Easement Area pursuant to this Section 8, City shall not be responsible for its share of the maintenance costs on the portion of the Easement Area occupied by District's temporary classroom facilities.

9. Relocation. District shall have the right from time to time tipon at least ninery 90) days' prior written notice to require the relocation of the Easement Area, provided that i) District shall exercise its rights under this Section 9 in good faith and ( ii) District shall provide to City a sLibstitute area on the School Site of approximately equal size, with similar athletic field facilities (" Replacement Easement Area"). To the extent that improvements upon the Easement Area are relocated to the sLibstitute location, District shall be responsible for the costs of such relocation. Upon any such relocation, the parties shall execute and deliver such documents as reasonably required to establish City' s right to use the new substitLlted location in exchange for the relinquishinent of its rights to use the former location subject to the Joint Use Agreement.

10. Indemnity: Easement Area Repair.
a) City shall defend, indemnify, and hold harmless District and its officers, employees, and agents from any and all claims, liabiliCies, suits, and causes of action for damages for injury to persons or property that arise out of the use of the Easement Area pursuant to this Agreement by City and its officers, employees, agents, invitees, and visitors, save and except for claims, liabilities, suits, and causes of action arising from the sole and active negligence or willfiil misconduct of District and its officers, employees, and agents. b) District shall defend, indemnify, and hold harmless City and its officers, employees, and agents from any and all claims, liabilities, s iits, and causes of action for damages for injury to persons or property that arise out of the use of the Easement Area pursuant to this Agreement by District and its officers, employees, agents, invitees, and visitors; save and except for claims, liabilities, suits, and causes of action arising from the sole and active negligence or willful misconduct of City and its officers, employees, and agents. c) Except to the extent otherwise specifically agreed to in writing by District and City in the Joint Use Agreement or otherwise: ( i) City shall be solely responsible for all repair and/ or replacement costs with respect to damage to the Easement Area occurring during or as a result of a Ciry scheduled use; ( ii) District shall be solely responsible for all repair and/ or replacement costs with respect to damage to the Easement Area occurring during or as a result of District use; and ( iii) if damage to the Easement Area occurs at a time when neither District nor City, nor their respective officers, employees, agents, or invitees, is using the Easement Area, District and City shall share equally in the repair and/ or replacement cost with respect to the damage. District shall make the repairs and charge City for half the costs of the repairs or replacement costs. City shall reimburse District for its share of the costs within thirty (30) days of receipt of the invoice.

11. General Provisions.
148
a) Restriction on Transfer; Binding on Successors. City shall not grant, assign, or otherwise transfe.r all or any portion of its ri hts Llnder this Agreement to any person or eutity without the prior written consent of District, provided that, with respect to any outright assignment of this Agreement by City, District' s consent may be withheld in District' s sole and absolute discretion, and otherwise. ( e. g., if City desires to rant a temporary license or permit to a cl ib or organization using the Easement Area), District' s consent shall not be unreasonably withheld, and any slich purported grant, assignment, or transfer in violation of this Section 11( a) shall be void and of no effect. Subject to Che foregoing, this Agreement shall be binding upon and inure to the benefit of the heirs, successors and assigns of the parties. This Agreeme nt shall be recorded in the Official Records.
b) Notices. All notices or other communications required ar permitted hereunder shall be in writing and shall be personally delivered ( includin by me ans of professional messen e r service), sent by overnight courier, sent by registered or certified mail, postage prepaid, return receipt requested to the addresses set forth below, or sent by electronic facsimile to the telefacsimile numbers set forth below. All such notices or other communications shall be deemed received upon the earlier of (i) if personally delivered or sent by overnight courier, the date of delivery to the address of the person to receive sLich notice, ( ii) if rnailed as provided above, on the date of receipt or rejection, or ( iii) if given by electronic facsimile, when received by the other party if received Monday through Friday between 9: 00 a. m. and 5: 00 p. m., so long as such day is not a state or federal holiday and otherwise on the next business day.

If to District, addressed to: Superintendent
Banta Unified School District
22375 So. El Rancho Road
Tracy, CA 95304- 9413
Facsimile: ( 209) 835- 0319
If to City, addressed to: Director of Parks and Recreation and Maintenance City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Facsimile: ( 209) 941- 7219
With a
copy to: City Manager
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Facsimile: ( 209) 941- 7219
River Islands ( prior to Buildout):

River Islands Development, LLC
73 W. Stewart Road
Lathrop, CA 95330
Attention: Susan Dell' Osso
Facsimile: ( 209) 879- 7928
149
the provisions of this Agreement shall be deemed to constitute a waiver of any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver. d) Counterparts. This Agreement may be executed in counterparts each of which shall be an original but all of which taken together shall be one agreement. e) No Dedication. Nothing contained herein shall be deemed to be a gift or dedication to the general public, it being the intention of District that this document be strictly limited to and for the purposes expressed herein.

Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California.

IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth below.

BANTA UNIFIED SCHOOL DISTRICT: CITY OF LATHROP:

B y: B y:

Superintendent City Manager
Date: Date:

APPROVED AS TO LEGAL FORM:

APPROVED AS TO LEGAL FORM:

B y:

By: Parker and Covert City Attorney
Date:

Date: ATTEST:

B y:

City Clerk
RIVER ISLANDS DEVELOPMENT, LC:

By:

President
Date:
150
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ITEM 4. 9

CITY MANAGER' S REPORT
MARCH 14, 2022, CITY COUNCIL REGULAR MEETING
ITEM: ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR TRACT
3833 VILLAGE L" FROM RIVER ISLANDS

DEVELOPMENT, LLC
RECOMMENDATION: Adopt Resolution Accepting Public Improvements for Tract 3833 Village " L" from River Islands
Development, LLC
SUMMARY:

River Islands Development, LLC ( RID), the developer for the River Islands project, has completed construction of the public improvements listed in the GASB 34 Report Attachment " C") for Tract 3833, Village " L", in accordance with their Subdivision Improvement Agreements ( SIA). The improvements have been inspected by City staff and have been deemed complete in accordance with City specifications. A Vicinity Map for Tract 3833 is included as Attachment B".

RID has provided a one- year warranty bond based on 10% of the construction cost of the completed improvements and a master lien release for the improvements being accepted. Staff recommends City Council accept the public improvements for Tract 3833, Village L".

BACKGROUND:

The City of Lathrop City Council approved Vesting Tentative Map ( VTM) 3694 on March 27, 2007, and an amended VTM 3694 with updated conditions of approval on June 1, 2015. Tract 3833 complies with the amended conditions of approval of VTM 3694.

As required by the City' s subdivision ordinance, the final map for Tract 3833 included a Subdivision Improvement Agreement ( SIA) to guarantee any public improvements, which was approved by City Council on April 9, 2018 by Resolution No. 18- 4362. The public improvements proposed for City maintenance include the water and sewer improvements within the private streets. A Home Owner' s Association ( HOA) has been established for the maintenance of all other improvements within the private streets.

Completion of the public improvements listed in the GASB 34 Report fulfills the associated obligations of the SIA. The bond values and numbers are detailed in Table 1 below. Staff request Council approve the release of the Performance and Labor & Materials Bonds and their replacement with the Warranty Bond and released upon acceptance of the improvements.
153
CITY MANAGER' S REPORT PAGE 2
MARCH 14, 2022, CITY COUNCIL REGULAR MEETING
ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR TRACT 3833 VILLAGE L"

FROM RIVER ISLANDS DEVELOPMENT, LLC
Table 1 - Bond Details
Performance
Bond Labor & Materials Bond WarrantyBond
Villa e Tract Number/ Value Number/ Value Number/ Value L 3833
681509/
681509 / $ 501, 000
681509 /
1, 002, 000 102, 200
REASON FOR RECOMMENDATION:

City staff has inspected Tract 3833 and confirmed that the improvements have been completed in accordance with City specifications. RID has submitted a master lien release as shown in Attachment " D" for the improvements being accepted. Staff has received the one- year warranty bonds and as- built drawings for said improvements.

Staff recommends Council accept the improvements.

FISCAL IMPACT:

The City' s maintenance costs will increase because of the additional improvements that have to be maintained. The warranty bond covers any repairs or replacements that become necessary during the one- year period, beginning with this acceptance, due to defective materials or workmanship for the completed improvements. The City' s Service Maintenance CFD 2013- 1 has been established to further fund City maintenance and operating costs. A Home Owner' s Association ( HOA) has been established for the maintenance of all other improvements within the private streets.

ATTACH M ENTS:

A. Resolution Accepting Public Improvements for Tract 3833 Village ' L" from River Islands Development, LLC
B. Vicinity Map
C. GASB 34 Report
D. Developer Lien Release Letter
154
CITY MANAGER' S REPORT PAGE 3
MARCH 14, 2022, CITY COUNCIL REGULAR MEETING
ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR TRACT 3833 VILLAGE L"

FROM RIVER ISLANDS DEVELOPMENT, LLC
APPROVALS:
3 7. 22
Brad T lor Date
Land Development Manager
3 2 Zo22
Michael Kin Date
Director of Public Works
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1" 3 t 2 2
Glenn Gebhardt Date
City ngineer
2a--
Cari Date
Finance Di ctor
3 - z, o z...

Salvador Navarrete Date
City Attorney
z• Zz
Stephen J. Salvatore Date
City Manager
155
RESOLUTION NO. 22-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP ACCEPTING PUBLIC IMPROVEMENTS FOR TRACT 3833 VILLAGE ' L" FROM RIVER

ISLANDS DEVELOPMENT, LLC
WHEREAS, the City of Lathrop City Council approved Vesting Tentative Map VTM) 3694 on March 27, 2007, and an amended VTM 3694 with updated conditions of approval on June 1, 2015. Tract 3833 complies with the amended conditions of approval of VTM 3694; and
WHEREAS, as required by the City' s subdivision ordinance, the final map for Tract 3833 included a Subdivision Improvement Agreement ( SIA) to guarantee any public improvements, which was approved by City Council on April 9, 2018 by Resolution No. 18- 4362; and
WH REAS, the public improvements proposed for City maintenance include the water and sewer improvements within the private streets. A Home Owner' s Associatiori ( HOA) has been established for the maintenance of all other improvemE nts within the private streets; and
WH EREAS, completion of the public improvements listed in the GASB 34 Report fulfills the associated obligations of the SIA. The bond values and numbers are detailed in Table 1 below. The Performance and Labor & Materials Bonds will be replaced with the Warranty Bond and released upon acceptance of the improvemE nts; and
WHIEREAS, the bond values and numbers, provided by River Islands DevelopmE nt, LLC ( RID), are detailed in Table 1 below. Staff request Council approve the releasE of the Performance and Labor & Materials Bonds and their replacement with the Warranty Bond and released upon acceptance of the improvements; and Table 1 - Bond Details
Performance
Bond Labor & Materials Bond Warranty Bond
Village Tract Number/ Value Number/ Value Number/ Value 681509/
681509 / $ 501, 000
681509 /
3833 1, 002, 000 102, 200
WHI: REAS, City staff has inspected the public improvements and confirmed that the improvements have been completed in accordance with City specifications; and
WHEREAS, RID has submitted a master lien release for the improvements proposed f r acceptance, a one- year warranty bond, and the as- built drawings; and 156
WHEREAS, the City' s maintenance costs will increase because of the additional improvements that have to be maintained. The warranty bond covers any repairs or replacements that become necessary during the one- year period, beginning with this acceptance, due to defective materials or workmanship for the completed improvements; and
WHEREAS, the City' s Service Maintenance CFD 2013- 1 has been established to further fund City maintenance and operating costs. A Home Owner' s Association HOA) has been established for the maintenance of all other improvements within the private streets.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop accepts the public improvements for Tract 3833 Village " L" from River Islands Development, LLC and authorizes the release of Performance and Labor and Material Bonds.
157
The foregoing resolution was passed and adopted this 14th day of March, 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 158

ATTACH M E NT B
TRACT 3835

RIVER ISLANDS PARKWAY

PARCEL B
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1 PARCEL A1

WESTWIND
PAFCEL C y
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TRACT 3829 I

VILLAGE L

VICNITY MAP
FEBRUARY2022
159

ATTACHMENT C

CITY OF LATHROP

PROJECT ACCEPTANCE
GASB 34 REPORT)
Submitted by: Date: 3/ 1/ 2022
Tract No.: River Islands Village L- Bungalow
Item Unit Unit Price Amount
8" Sanitary Sewer Pipe LF 2, 110 $ 28. 00 $ 59, 080. 00 Sewer Service EA 38 $ 2, 500. 00 $ 95, 000. 00
Manholes EA 16 $ 4, 000. 00 $ 64, 000. 00
8" Water Line( including all appurtenances) LF 2, 530 $ 32. 00 $ 80, 960. 00 Water Services ( including 2" waterservice& 1 watermanifold) EA 38 $ 4, 000. 00 $ 152, 000. 00 Fire Hydrants EA 2 $ 4, 000. 00 $ 8, 000. 00
Blow Off Valve EA 5 $ 4, 000. 00 $ 20, 000. 00
Resilient Valve EA 13 $ 1, 550. 00 $ 20, 150. 00
Total $ 499, 000. 00
T: 25500- River Islands Phase 1A\ Estimates\ GASB 34 Reports Phase iB\ Village L- Bungalow\ Village L- Bungalow. xls 160

ATTACHMENT D
February 22, 2022
Mr. Glenn Gebhardt, City Engineer
City of Lathrop
390 Towne Centre Drive
Lathrop, California 95330
Re: Release of Liability— Mechanic' s Liens Pursuant to California Civil Code Acceptance of Public Improvements— Village L— Tract 3833) Dear Glenn:

As part ofthe acceptance process for certain public improvements scheduted for City Council action at its March 14, 2022 regular meeting, the City has requested that we provide a waiver and release of all liability to the City of Lathrop for any mechanic' s liens that may exist within River Islands Village L.

This letter constitutes River Islands Construction, LLC' s(" RIC"} acceptance ofany and ail liability regarding any mechanic' s liens that may have been recorded with regards to the aforementioned projects pursuant to Cal. Civi( Code § 3262. River Islands Construction, LLC shal( retain liability for any such liens, including any claims for payment for labor and service provided and equipment and rnaterial delivered. Note that RIC has been assigned the original construction contract from River Islands Development, LLC.
ln connection therewith, and to the fullest extent permitted by law( which will not permit the City to be indemnified for its sole negligence or witlful rnisconduct), RIC and its successors and assigns shall defend with counsel acceptable to the City, indemnify and hold harmless City, its attarneys, officers, employees and officials( collectively" City Indemnitees"}, from and against any liability, claims, suits, acrions, arbitration proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened inc(uding but not limited to reasanable attorneys' fees, litigation expenses and court costs af an5 kind without restriction or limitation caused by or as a direct consequence of, in whole or in part, any payment claims of Infr structure Contractors or Infrastructure Mechanic' s Liens for the above improvements. RIC and its successors and assigns shall pay such obligations as they are incurred by City Indemnitees or any of thern and, in the event of any claim or lawsuit, shall submit a deposit in such amount as the City reasonably determines necessary to protect City Indemnitees from fees, costs or liability with respect to such claim or lawsuit.
5hould you have any questions or concerns regarding this letter, please cantact me at( 209) 879-7900.
ly,
T3 West Stewart Road Susan Dell' Osso, President
tatlrrop, California 95330
209. 879. 7900
nwenstaods. com
161
cc: Salvador Navarrete, City Attorney, City of L.athrop Cari James, Director of Finance, Ci af Lathrop
Ken Reed, Senior Construction Manager, City af I,athrop Brad Taylar, Associate Engineer
Michael Krill. Contro(ler
Debbie Belmar. Lega] Department Manager
i
i
i
I
C
i
33 V est Stewart Road
lathrop, Gaiifornia 95330
209. 8 9. 79Q0
Riverlslantls. com
162

CITY MANAGER' S REPORT
ITEM 5. 1
MARCH 14, 2022 CITY COUNCIL REGULAR MEETING
ITEM: OUT- OF- STATE TRAVEL APPROVAL FOR THE 2022
SAN 70AQUIN COUNTY ONE- VOICE TRIP
RECOMMENDATION: Adopt Resolution Authorizing Out-of-State Travel for Up to Two Council Members and the City
Manager to Attend the 2022 San Joaquin One Voice
Trip to Washington, D. C. from May 7- 13, 2022, and
Approval of Related Budget Amendment
BACKGROUND:

Over the past several years, City officials have participated in fifteen San Joaquin One Voice visits to Washington D. C., to promote jurisdictional projects and needs.

On August 9, 2021, the City Council adopted resolution 21- 4943 authorizing travel for representation from the City; however due to the increase in COVID- 19 cases and new variants, the San Joaquin Council of Governments ( SJCOG) trip was cancelled September 2021.

This year, the conference will be from May 7, 2022 ( arrival date) through May 13, 2022 ( checkout date). In order to prevent a quorum from doing City business during the trip, attendees have traditionally been limited to two ( 2) members of the Council, one of whom may include the Mayor.

City policy requires Council approval for a l out- of- state travel. Additionally, commencing with the FY 2012/ 13 budget process, Council voted to eliminate the One Voice expense from the City Council' s budget. The same was done for subsequent fiscal years. The travel funds were removed from the Council budget with the notion that if Council elected to have one or two Councilmembers attend this event, a budget amendment would be required depending on the selected option.

The City Manager' s travel budget was kept unchanged, therefore, if Council elects to send the City Manager to attend this event, funds are available in the current budget. If Councilmembers are interested in attending, the following options are available for consideration.

Options Include Cost Budget
Amendment

1. Send 2 Council Members & Cit Mana er A rox. $ 11, 400 A rox. $ 7, 600

2. Send 1 Council Member & Cit Mana er A rox. $ 7 600 A rox. $ 3 800

3. Send 1 Council Member A rox. $ 3 800 A rox. $ 3 800

4. Send Cit Mana er A rox. $ 3 800 None

5. Do not send re resentatives in 2022 None None
This report identifies estimated costs to attend the One Voice visit this year. 163
CITY MANAGER' S REPORT PAGE 2
MARCH 14, 2022 CITY COUNCIL REGULAR MEETING
2022 ONE- VOICE TRIP OUT- OF- STATE TRAVEL
REASON FOR RECOMMENDATION:

This trip helps to promote regional projects. In addition, the City has benefited with more than $ 1, 790, 000 in federal appropriations from its efforts over the past fifteen ( 15) years. Tonight, prior to this report, staff recommended a resolution approving Louise Avenue/ I- 5 Interchange and Lathrop Road/ I- 5 Interchange as two priority projects for Federal funding to SJCOG for the 2022 One Voice Trip. These interchange projects are aligned with the thematic concept of trade corridors to enhance the transportation of goods to and from the City of Lathrop.

FISCAL IMPACT:

Depending on tonight' s decision by Council, a budget amendment from the General Fund Reserves to the City Council Training and Travel Account ( Fund 1010- 11- 10- 435- 20- 00) will be required to fund Council participants to attend this years' One Voice Legislative Event. The budget amendment amount may vary depending on the option selected by Council.

Options Include Cost Budget
Amendment

1. Send 2 Council Members & Cit Mana er A rox. $ 11 400 A rox. $ 7 600

2. Send 1 Council Member & Cit Mana er A rox. $ 7 600 A rox. $ 3 800

3. Send 1 Council Member A rox. $ 3 800 A rox. $ 3 800

4. Send Cit Mana er A rox. $ 3 800 None

5. Do not send re resentatives of the Cit in 2022 None None ATTACH M ENTS:

A. Resolution Authorizing Out- of- State Travel
B. San Joaquin One Voice 2022 Registration Information
164
CITY MANAGER' S REPORT PAGE 3
MARCH 14, 2022 CITY COUNCIL REGULAR MEETING
2022 ONE- VOICE TRIP OUT- OF- STATE TRAVEL
APPROVALS:
7 WG//
resa Varg Date
overnment Services Director &
City Clerk
3 9
Cari Jame Date
Finance i ector
3 - - a zZ
Salvador Navarrete Date
City Attorney
3'• ZZ
Step en J. Salvatore Date
City Manager
165
RESOLUTION NO. 22-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP

AUTHORIZING OUT- OF- STATE TRAVEL FOR UP TO TWO COUNCIL MEMBERS AND THE CITY MANAGER TO ATTEND THE SAN 70AQUIN ONE VOICE TRIP TO WASHINGTON, D. C. FROM MAY 7, 2022 TO MAY 13, 2022, AND

APPROVING RELATED BUDGET AMENDMENT
WHEREAS, over the past several years, City officials have participated in fifteen San Joaquin One Voice visits to Washington D. C., to promote jurisdictional projects and needs; and
WHEREAS, the City Council adopted resolution 21- 4943 authorizing travel for representation from the City; however due to the increase in COVID- 19 cases and new variants, the San Joaquin Council of Governments ( SJCOG) trip was cancelled in September 2021; and
WHEREAS, in previous years, the Mayor, a Council Member, and the City Manager have participated on the trip; and
WHEREAS, in order to prevent a quorum from doing City business during the trip, attendees have traditionally been limited to two ( 2) members of the Council, one of whom may include the Mayor; and
WHEREAS, commencing with FY 2012/ 13 budget process, Council approved to eliminate the One Voice expense from the City Council' s budget for a savings of 3, 500 for that fiscal year; and
WHEREAS, the travel funds for subsequent fiscal years were also removed from the Council budget with the notion that if Council elected to have one or two City Council Members attend the One Voice legislative event, a budget amendment request would come back to Council for approval; and
WHEREAS, the City Manager' s travel budget was kept unchanged, therefore, if Council elects to send the City Manager to attend this years' One Voice legislative event, funds are available; and
WHEREAS, the following options were considered by Council:

Options Include Cost Budget
Amendment

1. Send 2 Council Members & Cit Mana er A rox. $ 11, 400 A rox. $ 7, 600

2. Send 1 Council Member & Cit Mana er A rox. $ 7, 600 A rox. $ 3, 800

3. Send 1 Council Member A rox. $ 3, 800 A rox. $ 3, 800

4. Send Cit Mana er A rox. $ 3, 800 None

5. Do not send re resentatives in 2022 None None
166
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby approves option # to have City and Council participant( s) attend this years' One Voice legislative event; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop approve the corresponding budget amendment based on the selected option, from the General Fund Reserves to the City Council training and travel account:

O tion # Bud et Amendment Fund Account
1 7, 600
2 3, 800
3 3, 800 1010- 11- 10- 435- 20- 00
4 N/ A
5 N/ A
167
The foregoing resolution was passed and adopted this 14t'' day of March 2022, by the following vote of the City Council, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 168
San Joaquin One Voice AttachmentB
The first San Joaquin One VoiceO trip to DC since the pandemic is scheduled for May 8- 12, 2022 in Washington, DC*. The firm of C. J. Lake, LLC is once again scheduling and facilitating our meetings with our Congressional representatives, various transportation officials, and others from USDOT, housing, education, air quality, and water agencies.

Accommodations:

A block of rooms is being reserved at the Hilton Washington DC Capitol Hill Hotel ( formerly Washington Court Hotel) for May 07- 13, 2022. SJCOG has negotiated a graup rate of 349 ( plus applicable taxes) for single and double occupancy. More details regarding accommodations will follow.

Link: Click to book a room
Group Name: San Joaquin Council of Governments
Group Code: SJCG
Check- in: 07- MAY- 2022 OR 08- MAY- 2022
C heck- out: 13- MAY- 2022
Hotel Name: Hilton Washington DC Capitol Hill
Hotel Address: 525 New Jersey Ave NW Washington,
DC, District of Columbia 20001
Registration:

A $ 175 registration fee is required for each participant attending the 2021 San Joaquin One Voice° trip. The fee is due by April 08, 2022 and includes the costs of your materials, breakfast each day, and the Wednesday evening reception.

The registration fee for SJCOG Board members ( or their elected designee) is waived, however, we do ask that everyone complete the attached form. Spouses and guests may participate in breakfasts/ receptions on a per-diem basis.

Transportation:

Everyone is responsible for booking their own transportation to and from Washington, DC.

SJCOG Board members ( or their elected designee) shall be reimbursed for 50% of their airfare and hotel costs.

Cancellation Policy:

All cancellations after April 08, 2022 are subject to payment for all costs; i. e. meals, copying fees, etc. Substitutions are always accepted.

Additional Information:

A pre-trip planning session will be scheduled in early April ( date and time are pending). We will be discussing logistics for the trip and identifying lead speakers and discussing their roles.

Please note that plans may be subject to change due to the status of COVID- 19 at the time of the trip, ability to meet in person with administration and legislative persons, and travel restrictions
San Joaquin Council of Governments • 555 East Weber Avenue • Stockton, California 95202 Phone: 209- 235- 0600 • Fax: 209- 235- 0438 • Email: onevoice2022@sjcog. org 169
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Name Title:

Organization:

Address: City:

State/ Zip: Phone:

Email: Cell Phone:

Cost is $ 175 per person and includes all breakfasts and the Wednesday evening reception.

Registration fees apply to each participan# ( spouses and/ or guests must pay if they will be participating in any meals) and must be paid by April 15. The reqistration fee is waived for SJCOG Board members. Registration fees underwrite the direct costs of the trip.

Amount Enclosed $
Additional Contact Information:

If you are fil(ing out this registration form for someone and would like to be included in future communication for scheduling purposes please include your contact information below:

Name: Title:

Email: Phone:

Please Note:

The purpose of the San Joaquin One VoiceO trip is to seek federal support or funding for projects of broad community- wide benefit and regional significance within San Joaquin County. In order to accomplish this goal, we need to present a unified presence as we meet with Congressional, Legislative, and Departmental representatives to advocate for the regionally significant issues that have been agreed upon during the COG selection process.

We understand many of our public officials do double- duty while in D. C. However, please keep in mind the effectiveness of the scheduled One VoiceO meetings rely on participation from our delegates. Please discuss any separate meetings you may be scheduling with our staff so the One VoiceO meeting schedule can be modified to insure maximum and comprehensive attendance at all One VoiceO meetings.
vo cE San Joaquin Council of Governments • 555 East Weber Avenue • Stockton, California 95202 Phone: 209- 235- 0600 • Fax: 209- 235- 0438 • Email: onevoice2022@sjcog. org 170
CITY MANAGER' S REPORT ITEM 5. 2
MARCH 14, 2022 CITY COUNCIL REGULAR MEETING
ITEM: BIENNIAL BUDGET FISCAL YEAR ( FY) 2021 — 2022
MID- YEAR REPORT ( YEAR 1)
RECOMMENDATION: Adopt a Resolution Approving the Mid- Year Budget Report for Year 1 of the Biennial Budget Fiscal Year
2021- 22 and Related Budget Augmentation Request
SUMMARY:

As part of the Biennial Budget process, a mid- cycle review is conducted on the first year' s programmed allocations ( Year 1 or FY 2022). The financial review as of December 31, 2021, provides a mid- year budget update to the City Council for the current fiscal year. Analysis of the revenues collected and all expenditures through December 31, 2021, measures the budget' s adherence to the Adopted Budget. The primary focus of the report is on the General Fund, which accounts for a majority of the City' s operations.

Over the last 5 years Lathrop' s population has grown by almost 25%. During the pandemic, Lathrop' s Building Department processed almost 2, 000 building permits.

This reflects approximately 5 years' worth of building permits in a 2- year period. Last year Lathrop was the 3
d
fastest growing City in the State of California. With the growing population there comes a need for additional staffing to provide services to our residents. The City' s tax base and development activity have become solid indicators that Lathrop needs additional staffing to be able to continue to deliver the high level of service that the community has come to expect from City Hall.

In addition, the City has several employees in key positions ready for retirement. In order for the City to ensure they have qualified and experienced staff in place, the mid- year includes several reclassifications and new positions. The table on the next page is a summary of the proposed reclassifications and new/ unfunded position created as a result of population growth, retirements and restructuring. 171
CITY MANAGER' S REPORT Page 2
MARCH 14, 2022, CITY COUNCIL REGULAR MEETING
BIENNIAL BUDGET FISCAL YEAR 2021 - 2022 MIDYEAR REPORT ( YEAR 1) FY 21/ 22 Annual
Department From To Cost/ Savings Cost/ Savings FTE
Reclass
City Attorney
SrAdministrative Assist Grade 51 Legal Secretary Grade 53 2, 000 Human Resources
HR Manager Grade 60 HR Manager Grade 67 12, 300
HRAnalyst I/ II Grade 56 HRTechnician Grade 47/ 3 18, 000) R
a;
Admi Assistant II Grade 45 Management Analyst I/ II Grade 60 13, 000 51, 700 Community Development
Sr. Administrative Assistant Grade 51 Executive Assistant Grade 54 1, 600 5, 000 Principal Planner Grade 72 Assist Com Dev Director Grade 80 4, 000 12, 000 Assist Planner Grade 55 Assist Planner Grade 58 2, 500 7, 400 r Associate PlannerGrade 58 Associate PlannerGrade 63
Sr. Planner Grade 67 Sr. Planner Grade 69
Principal Planner Grade 72 Principal Planner Grade 74
Parks, Recreation and Maintenance Services
Management Analyst II Grade 60 Recreation Manager Grade 64 2, 800 8, 500 Recreation Leader Grade 22 Recreation Leader Grade 27 13, 300 40, 000 Sr. Recreation Leader Grade 25 Sr. Recreation Leader Grade 32 7, 400 22, 000 Maint Services Supervisor Grade 59 Landscape and Irrigation Specialist Grade 59 Finance
Accounting Specialist II Grade 42 Customer Service Rep I Grade 42 Accounting Technician Grade 49 Customer Service Rep II Grade 49 Accounting Manager Grade 76 Customer Service Supervisor Grade 57 77, 000) Accountant II Grade 56 Management Analyst I Grade 56
Management Analyst II Grade 60 Senior Accountant Grade 65 g, ppp PublicWorks
City Engineer Grade 89 City Engineer Grade 86 61, 000)
Utility Operator I Grade 41 Utility Operator I Grade 51 I j- Utility Operator II Grade 45 Utility Operator II Grade 56 Utility Operator III Grade 59 Utility Operator III Grade 61 35, 000 Meter Reader I Grade 38 Meter Reader I Grade 41 5, ppp
Meter Reader II Grade 42 Meter Reader II Grade 45
SeniorAdministrative Assistant Grade 51 Management Analsyt I/ II Grade 60 Reclass Total aa, oo 52, 00
New/ Unfund Positions
Parks, Recreation and Maintenance Services
Parksand facilities ManagerGrade 64 35, 000 140,000 1. 00 Streets and Maint Oper Manager Grade 64 35, 000 140, 000 1. 00 Recreation Supervisor Grade 57 30,000 121, 000 1. 00
Administrative Assistant II Grade 45 25, 000 97, 500 1. 00 Deputy Dir of P, R& M Grade 76 1/ 2022 209, 000) ( 1. 00) Community Development
Sr. Planner Grade 67 34, 000 136,000 1. 00
IT i .

Director of Info Systems Grade 85 60, 000 240,000 1. 00 Publit Works
Permit Technician Grade 47 25, 000 101, 000 1. 00
ContractCostSavingsPermitTech I 35, 000) ( 140, 000)
Assistant EngineerGrade 64 37, 500 150,000 1. 00
Assistant Engineer Grade 64 37, 500 150,000 1. 00
Contract Cost Savings Assist Engineer 47, 000 190,000)
SeniorCivilEngineerGrade74 52, 000 208, 000 1. 00
Land Development Manager Grade 79 7/ 1/ 2022 205, 000) ( 1. 00) Police
Crime and Inteliigence Analyst Grade 51 134,000) ( 1. 00) Animal Control Assistant Grade 37 95, 000) ( 1. 00)
New/ Unfunded Positions Total za9,000 sio,soo e.00
Total Mid Year Request 333, eoo ses,aoo e. 00
172
CITY MANAGER' S REPORT Page 3
MARCH 14, 2022, CITY COUNCIL REGULAR MEETING
BIENNIAL BUDGET FISCAL YEAR 2021 — 2022 MIDYEAR REPORT ( YEAR 1) Staff recommends that the City Council:

1. Adopt the proposed resolution amending Year 1 ( FY 2022) of the adopted Biennial Budget for various funds and projects as identified in Attachment B.

2. Approve proposed new and revised Job Descriptions

3. Amend the City' s Grade Step Table ( Attachment O)

4. Amend the City' s Position Control Roster (Attachment P) BACKGROUND:

As part of the Biennial Budget process approved by Council in June 2019, a mid- cycle review is conducted on the first year' s programmed allocations ( Year 1 or FY 2022).

The mid- cycle financial review ( as of December 31, 2021) provides a budget update to the City Council for the current fiscal year. Analysis of the revenues collected and all expenditures through December 31, 2021 measures the budget' s adherence to the Adopted Budget. In limited instances, budget actions are recommended in this report to address unforeseen events at the time the budget document was produced and adopted.

The Mid- Year Budget Report for FY 2022 is presented in two categories:

General Fund Mid- Year Status: provides an overview of the general fund revenue, expenditures, and fund balance performance compared to the fiscal plan.

Mid- Year Requests: summarizes staff' s recommendations to amend the fiscal plan to address program needs or perform technical adjustments.

General Fund Mid- Year Status
The General Fund supports most of the City' s expenditures. After six months' experience in Year 1 of the Biennial Budget, Council is being presented with General Fund budget amendments of $ 350, 000 in revenue and $ 350, 000 in expenditures resulting in a General Fund Balance Reserves ending with a projected balance of$ 8. 1 million at June 30, 2022.

Revenues:

Overall, staff is projecting General Fund revenues will finish the year at $ 25. 6 million.

Sales Tax revenue is performing better than expected, therefore, staff is recommending increasing sales tax revenue by $ 200, 000 in FY 2022. In addition, staff is recommending an increase of $ 150, 000 in miscellaneous revenue. The City has seen an increase in the fees associated with the use of online payments for permits, and is recovering these costs through a 3% service charge. Current revenue trends in property tax and sales tax seem favorable and will be evaluated at the end of Year 1 ( FY 2022) to recommend additional adjustments to projections if needed. 173
CITY MANAGER' S REPORT Page 4
MARCH 14, 2022, CITY COUNCIL REGULAR MEETING
BIENNIAL BUDGET FISCAL YEAR 2021 - 2022 MIDYEAR REPORT ( YEAR 1) Expenditures:

Overall, staff is projecting General fund expenditures will finish the year at $ 25. 6 million. General Fund expenditures are greater than the amended budget level with an increase of $ 350, 000 offset by additional sales tax revenues of $ 200, 000 and 150, 000 in miscellaneous revenues for a total revenue increase of $ 350, 000.

Expenditures have increased as the result of staffing and operational programming requests. Almost $ 200, 000 of the expenditure increase is attributed to building permits being paid for through the City' s eSuite online portal that has become very popular during the pandemic. The City has seen an increase in the fees associated with the use of online payments for permits but is also recovering these costs through a 3% service charge that is being passed on to credit card transactions that exceed 1, 500.

GF Reserves/ Fund Balance:

The City' s General Fund Reserve provides some flexibility to address one- time priority programs, smooth out economic swings, buffer the loss of state and federal revenues, and temporarily support City operations in the event of a catastrophic event ( such as an earthquake or fire).

At year- end for FY 2021, staff reported a General Fund Reserves balance of $ 8. 1 million. With the Council approved amendments to FY 2022 Budget, staff is projecting a General Fund Reserves balance of $8. 1 million at the end of FY 2022.

Mid- Year Requests
As part of the Biennial Budget process approved by Council in June 2021, a mid- cycle review is conducted on the first year' s programmed allocations ( Year 1 or FY 2022).

The Mid- Year Budget Report includes budget amendments reflecting changes to revenues and expenses in the first six months of Year 1 ( FY 2022). Adjustments to the fiscal plan are grouped by Staffing and Program/ Project Requests.

Staffina
Due to increased responsibilities and the constant search for workflow efficiencies, departments have had the opportunity to review their staffing needs and recommend the following actions:

New/ Unfund Positions

1. Parks, Recreation and Maintenance Services
a. Create and fund Parks and Facility Manager ( Grade 64) - 1. 0 FfE - This position will assist the Director of Parks, Recreation and Maintenance Services with additional management level supervision and oversight of the parks and facilities division. This position will oversee the daily operations of the division, set schedules, coordinate job assignments, reach out to citizen' s as necessary and provide direction to assigned stafF. Estimated Annual Cost $ 140, 000
174
CITY MANAGER' S REPORT Page 5
MARCH 14, 2022, CITY COUNCIL REGULAR MEETING
BIENNIAL BUDGET FISCAL YEAR 2021 - 2022 MIDYEAR REPORT ( YEAR 1) b. Create and fund Streets and Maintenance Operations Manager ( Grade 64) - 1. 0 FTE - This position will assist the Director of Parks, Recreation and Maintenance Services with additional management level supervision and oversight of the streets and operation division. This position will oversee the daily operations of the division, set schedules, coordinate job assignments, reach out to citizen' s as necessary and provide direction to assigned staff. Estimated Annual Cost $ 140, 000 c. Fund Recreation Supervisor - 1. 0 FTE - This position will provide director supervision to the recreation staff at the Generations Center and will be responsible for youth development programs, contracted leisure programs and all community special events. Estimated Annual Cost $ 121, 000
d. Fund Administrative Assistant I/ II - 1. 0 FTE - This position will be responsible for the operations of the front counter at the Lathrop Community Center, including greeting the public, answering the phone, taking registration, making reservations and assisting program staff.

Estimated Annual Cost $ 97, 500
e. Unfunded Deputy Director of Parks, Recreation and Maintenance Services when vacant - ( 1. 0) FTE - With the retirement of the Director of Parks, Recreation and Maintenance Services, it is anticipated that this position will become vacant in April of 2022. The responsibilities of this position will be taken on by the new requested manager positions.

Estimated Annual Savings $ 209, 000

2. Community Development
a. Fund Senior Planner - 1. 0 FTE - In the next 12- 18 months it is anticipated that the Community Development Director may retire.

Funding and filling the Senior Planner position now, will allow for time to train a new key position in the department. Estimated Annual Cost 136,000

3. Public Works
a. Fund Permit Technician - 1. 0 FTE - This position will help the Building Division keep pace with new construction and the work load created from general population growth. The approval of this position will decrease the dependency on temporary consulting staff. Estimated Annual Savings $ 39, 000 ($ 101k less $ 140k consultant costs) b. Fund 2 Assistant Engineers - 2. 0 FTE - These positions will help keep pace with current and planned public and private construction projects.

The Division has been receiving consultant support in this role that will no longer be needed once the positions are hired. Estimated Annual Cost $ 110, 000 ($ 150k* 2 positions less $ 190k consultant costs) 175
CITY MANAGER' S REPORT Page 6
MARCH 14, 2022, CITY COUNCIL REGULAR MEETING
BIENNIAL BUDGET FISCAL YEAR 2021 - 2022 MIDYEAR REPORT ( YEAR 1) c. Fund Senior Civil Engineer - 1. 0 FTE - This position will help keep pace with current and planned public and private construction projects. In addition, this position is needed as part of the ongoing Public Works succession plan strategy as the current City Engineer has announced his retirement effective June 24, 2022. Estimated Annual Cost 208, 000
d. Unfund Land Development Manager when vacant - ( 1. 0) FTE - With the retirement of the City Engineer, it is anticipated this position will become vacant on June 24, 2022. The responsibilities of this position will be absorbed by the new City Engineer and the requested assistant and senior engineers. Estimated Annual Savings $ 205, 000

4. Finance
a. Create Senior Customer Service Representative ( Grade 51) - The position will perform the more complex customer service tasks that require analysis, judgement and decision making. In addition, this position will perform utility billing functions, including daily tasks and serve as back- up to the front counter as needed. This position is to create a level of growth within the customer service series and will not be funded at this time. Estimated Annual Cost $ 0

5. Police
a. Unfund Crime and Intelligence Analyst - ( 1. 0) FTE - This is a duplicate position within the new police department. The job duties of this position will be performed by a currently funded Management Analyst.

Estimated Annual Savings $ 134, 000
b. Unfund Animal Control Assistant - ( 1. 0) FTE - With the reorganization of the Animal Control and Code Division to the new Community Service Division this position is no longer needed. The duties of this position will be performed by administrative staff with in the Police Department.

Estimated Annual Savings $ 95, 000
Salary Adjustments/ Reclassifications

1. City Attorney
a. Reclass Senior Administrative Assistant to Legal Secretary - Current duties of this position merits reclassification to a legal secretary. The current employee meets the job education and legal experience required. Estimated Annual Cost $ 2, 000

2. Human Resources
a. Adjust Human Resources Manager classification from a Grade 60 to a Grade 67 - Staff in this position has expanded responsibilities due to the increase in the City workforce. Responsibilities include developing and directing the implementation of goals, objectives, policies, procedures and work standards for the Human Resources Department. 176
CITY MANAGER' S REPORT Page 7
MARCH 14, 2022, CITY COUNCIL REGULAR MEETING
BIENNIAL BUDGET FISCAL YEAR 2021 - 2022 MIDYEAR REPORT ( YEAR 1) In addition, this position will have supervisory responsibilities.

Estimated Annual Cost $ 12, 300
b. Create Human Resource Technician ( Grade 47) and reclass Human Resource Analyst I/ II to new position. This position will support the Human Resources Department with variety of paraprofessional and technical administrative duties with in the department. Estimated Annual Savings $ 18, 000

3. Information Systems
a. Reclass Administrative Assistant II to a Management Analyst II - With the transition to the new Lathrop Police Department, the workload in the Information Systems Department has increased substantially. This position will handle accounting duties, including budget preparation, purchasing agreements and contracts, software licensing and assist with the procurement of equipment. Estimated Annual Cost $ 51, 700 b. Create Director of Information Systems ( Grade 85) and reclass Chief Information Officer new position. Staff in this position has expanded responsibilities due to the increase in the City workforce, technology development and management for the new Police Department, and increase in regulatory mandates as it related to information technology and security systems. In addition, this position will have full responsibility of the Information Systems Department, the City' s information technology, network systems and cyber security.

Estimated Annual Cost $ 240, 000

4. Community Development
a. Reclass Senior Administrative Assistant to Executive Assistant - This position has a large role assisting with Planning, Zoning and code related inquiries and is lead in the City' s addressing processes. This reclass will align this position with its current job duties and functions. Estimated Annual Cost $ 5, 000
b. Reclass Principal Planner to Assistant Community Development Director- In the next 12- 18 months it is anticipated that the Community Development Director may retire. Reclassifying the Principal Planner position to an Assistant Community Development Director now, will allow for transition time to train the new key position in the planning department. Estimated Annual Cost $ 12, 000
177
CITY MANAGER' S REPORT Page 8
MARCH 14, 2022, CITY COUNCIL REGULAR MEETING
BIENNIAL BUDGET FISCAL YEAR 2021 - 2022 MIDYEAR REPORT ( YEAR 1) c. Adjust Planner Job Series - Staff reviewed the Planner job series and recommend adjusting the positions as follows to stay in line with the market to be competitive with adjacent jurisdictions:
i. Assistant Planner Grade 55 to Grade 58
ii. Associate Planner Grade 58 to Grade 63
iii. Senior Planner Grade 67 to Grade 69
iv. Principal Planner Grade 72 to Grade 74
Estimated Annual Cost $ 7, 400

5. Parks, Recreation and Maintenance Services
a. Create Recreation Manager ( Grade 64) and reclass Management Analyst II to new position - This position will assist the Director of Parks, Recreation and Maintenance Services with additional management level supervision and oversight of the recreation division. This position will oversee the daily operations of the division, set schedules, coordinate job assignments, reach out to citizen' s as necessary and provide direction to assigned staff. Estimated Annual Cost $ 8, 500 b. Create Landscape and Irrigation Specialist ( Grade 59) and reclass Maintenance Services Supervisor to new position. This position will assist the Parks and Facility Manager with supervising the inspecting, auditing, adjusting and repairing of the City' s turf management, landscape medians, tree canopy and irrigation systems ( including newly required recycled water reporting). This is a lateral reclass and has no financial impact. Estimated Annual Cost $ 0
c. Adjust Recreation Leaders and Senior Recreation Leaders ] ob Series; State law requires California workers be paid the minimum wage of

15. 00 and it is anticipated this will be increasing to $ 18. 00 in the near future. Many competing local employers seeking part-time employees have increased their part- time wages to be attractive and retain parttime talent. As we rely on part- time stafF for specific areas of programing, the goal is to remain competitive and be an attractive location for part- time employment. As a result of increasing our Recreation Leader entry level wage, our Senior Recreation Leader would therefore need to be adjusted to remain in line with this increase.

Therefore stafF recommends the following adjustments:
i. Recreation Leader from Grade 22 to Grade 27
ii. Senior Recreation Leader from Grade 25 to Grade 32
Estimated Annual Cost $ 62, 000
178
CITY MANAGER' S REPORT Page 9
MARCH 14, 2022, CITY COUNCIL REGULAR MEETING
BIENNIAL BUDGET FISCAL YEAR 2021 - 2022 MIDYEAR REPORT ( YEAR 1)

6. Finance
a. Create Customer Service Representative ( CSR) I/ II (Grade 42/ Grade 49) and reclass two Accounting Specialist II' s to CSR I and two Accounting Technicians assigned to utilities to CSR II - The proposed reclassification will more accurately reflect the current job duties and functions of the positions. The CSR I positions will be the lead customer service person at the front counter. The CSR II position in addition to the front counter will lead utility billing and business license processing.

This is a lateral reclass and has no financial impact. Estimated Annual Cost $ 0
b. Create Customer Service Supervisor ( Grade 57) and reclass vacant Accounting Manager to newly created position. This position will provide a layer of supervision to lead, plan, train and review the work of staff performing customer service, billing, licensing and cashiering duties. In addition, this position will handle the more complex customer complaints and water consumption and billing disputes and questions.

This will add a mid- level supervisor in the finance department hierarchy and relieve the Deputy Finance Director and the Finance Director of the front counter direct reports. Estimated Annual Savings $ 77, 000 c. Reclass two Accountant II' s to Management Analyst I/ II - The two Accountant positions process timecards, do developer billing and complete payroll. Over the next several months it is anticipated with the addition of the new police department, payroll duties will increase significantly. Reclassifying these positions will give the Finance Department the flexibility to add duties including payroll budgeting and grant coordination. This is a lateral reclass and has no financial impact.

Estimated Annual Cost $ 0
d. Reclass Management Analyst II to Senior Accountant - The role of the Management Analyst II in the Finance Department has continued to take on additional responsibilities as the City' s population has grown. In addition to the current duties this position will be responsible for assisting with the coordination, development and administration of the annual budget, balancing monthly cash and preparing the Treasurer Report, and assisting with debt and grant administration. This reclass will align this position with its current job duties and functions and allow the Finance Department flexibility in assigning additional duties.

Estimated Annual Cost $ 8, 000
179
CITY MANAGER' S REPORT Page 10
MARCH 14, 2022, CITY COUNCIL REGULAR MEETING
BIENNIAL BUDGET FISCAL YEAR 2021 - 2022 MIDYEAR REPORT ( YEAR 1)

7. Public Works
a. Adjust City Engineer Grade 89 to Grade 86 on ] uly 1, 2022. It is anticipated that the current City Engineer will retire in June. Staff has taken this opportunity to review the position and current job duties. The proposed adjustment is to bring the position more in line with the current market. Estimated Annual Savings $ 61, 000
b. Adjust Utility Operator Job Series - The City' s utility infrastructure has grown dramatically over the past few years to keep up with development. In addition, the regulatory requirements for these utility systems has become more complex, specifically for drinking water. As a result of this growth and increased complexity, staff reviewed the Utility Operator job series and recommend adjusting the positions to stay in line with the market as follows:
i. Utility Operator I Grade 41 to Grade 52
ii. Utility Operator II Grade 45 to Grade 56
iii. Utility Operator III Grade 59 to Grade 61
Estimated Annual Cost $ 35, 000
c. Adjust Meter Reader Job Series - The City' s water system infrastructure has grown dramatically over the past few years to keep up with development. This growth, along with technological improvements to the City' s water meter equipment, has resulted in a more complex utility system. As a result of this growth and increased complexity, staff reviewed the staff reviewed the Meter Reader job series and recommend adjusting the positions to stay in line with the market as follows:
i. Meter Reader I Grade 38 to Grade 41
Meter Reader II Grade 42 to Grade 45
Estimated Annual Cost $ 5, 000
d. Reclass Senior Administrative Assistant Grade 51 in Public Works Administration to a Management Analyst I/ II Grade 60 - The role of the Senior Administrative Assistant in the Public Works Department has continued to take on additional responsibilities as the City' s population has grown. In addition to the current duties this position will be responsible for assisting with the development and administration of the annual department and CIP budgets, and assisting with grant administration and procurement. This reclass will align this position with its current job duties and functions and allow the Public Works Department flexibility in assigning additional duties. This reclass will utilize salary savings, and therefore will not have a financial impact.

Estimated Annual Cost $ 0
180
CITY MANAGER' S REPORT Page 11
MARCH 14, 2022, CITY COUNCIL REGULAR MEETING
BIENNIAL BUDGET FISCAL YEAR 2021 — 2022 MIDYEAR REPORT ( YEAR 1) General Fund Program/ Project Requests
The following program/ project requests require additional funding from the General Fund to address a specific need:

1. Parks, Recreation and Maintenance Services: Increase alarm services in the amount of $ 13, 000 for the purchase of KeyPer System, an electronic key and asset management system for additional security at the City' s corporation yard.

2. Finance: Expenditure increase of $ 193, 000 is attributed to building permits being paid for through the City's eSuite online portal that has become very popular during the pandemic. The City has seen an increase in the fees associated with the use of online payments for permits but is also recovering these costs through a 3% service charge that is being passed on to credit card transactions that exceed $ 1, 500.

GENERAL FUND MID- YEAR RE UESTS SUMMARY
in mi/lions) FY 2022 Amended FY 2022 Mid- Year
Begin Balance 8. 1 8. 1
Revenue 25. 2 25. 6
Expenditures 25. 2 25. 6
Fund Balance 8. 1 8. 1
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CITY MANAGER' S REPORT Page 12
MARCH 14, 2022, CITY COUNCIL REGULAR MEETING
BIENNIAL BUDGET FISCAL YEAR 2021 — 2022 MIDYEAR REPORT ( YEAR 1) Non- General Fund Adjustments
The budget augmentations that are being proposed by staff for funds outside of the General Fund have been summarized in the table and list below:

STREETS FUND- Salaries 2080- 30- 10- 410- 11- 00 35 000 STREETS FUND- Professional Services 2080- 30- 10- 420- 01- 00 75, 000 STREETS FUND- Street Light Maintenance 2080- 30- 10- 420- 33- 00 61, 890 STREETS FUND- Other Maintenance& Re air 2080- 30- 10- 420- 75- 00 24 652 STREETS FUND- Other Maintenance& Re air 2080- 30- 10- 430- 26- 00 22 312 STREETS FUND- Patchin Materials 2080- 30- 10- 430- 28- 00 25, 000 BUILDING FUND- Salaries 2015- 50- 30- 410- 11- 00 25 000 BUILDING FUND- Professional Services 2015- 50- 30- 420- OS- 00 35, 000 CONSTRUCTION ENGINEERING- Salaries 2020- 50- 03- 410- 11- 00 5, 200 DEVELOPMENT ENGINEERING- Salaries 2020- 50- 04- 410- 11- 00 111, 400 DEVELOPMENT ENGINEERING- Professional Services 2020- 50- 04- 420- 01- 00 47, 500 CROSSROADS STORM DRAIN CITY ZONE FUND- Street Li ht Maintenance 2500- 50- 21- 420- 33- 00 3, 365 STORM DRAIN CIfY ZONE 1 FUND- Alarm Services 2510- 50- 20- 420- 18- 00 1, 300 STORM DRAIN CITY ZONE 1 FUND- S ecial Fees 2510- 50- 20- 440- 40- 00 2, 500 INDUSTRIAL LMD FUND- Street Li ht Maintenance 2520- 50- 14- 420- 33- 00 5, 810 MOSSDALE SERVICES CFD 2004- 1 FUND- Communication E ui . Re air 2570- SO- 63- 420- 72- 00 47 620 MOSSDALE SERVICES CFD 2004- 1 FUND- Nonstructure Im rovements 2570- 50- 63- 450- 38- 00 48, 800 MOSSDALE LLMD FUND- Street Li ht Maintenance 2580- 50- 64- 420- 33- 00 4, 940 MOSSDALE LLMD FUND- Other Maintenance& Repair 2580- 50- 64- 420- 75- 00 25, 000 CLSP SERVICES CFD 2019- 2 FUND- Street Light Maintenance 2680- 50- 50- 420- 33- 00 16, 200 CLSP SERVICES CFD 2019- 2 FUND- Communication Equip. Repair 2680- 50- 50- 420- 72- 00 5, 978 RTIF- LATHROP LOCAL WEST FUND- Fixed Charges 2360- 50- 10- 440- 10- 00 9, 130 CDBG FUND 2650- 20- 10- 440- 42- 00 5, 000
CDBG FUND- Generel Assistance Grant Program 2650- 20- 10- 440- 45- 00 27, 435 GENERAL GOVERNMENT CIP- GG20- 15 - EnerGov Software Im lementation 3010- 80- 00- 420- 58- 00 15, 000 GENERAL GOVERNMENT CIP- GG21- 14- Power Shutoff Grant Backup 3010- 80- 00- 420- 12- 00 50, 000 Generator GENERAL GOVERNMENT CIP- GG22- 01 - CFF U date 3010- 80- 00- 420- 12- 00 15 813 GENERAL GOVERNMENT CIP- GG22- 04- Cit Hall ADA Im rovements 3010- 80- 00- 420- 12- 00 749 STREETS CIP- P521- 12- Pavement Maintenance 3310- 80- 00- 420- 12- 00 400, 000 STREETS CIP- P522- 16- Traffic Calmin Measures 3310- 80- 00- 420- 12- 00 200, 000 STREETS CIP- PS22- 18- Bikeway to ACE Station 3310- 80- 00- 420- 12- 00 3, 247 WATER FUND- Alarm Services 5620- 50- 50- 420- 18- 00 22, 550 WATER FUND- Communication Equip. Repair 5620- 50- 50- 420- 72- 00 11, 090 WATER FUND- SCSWSP O& M Cost 5620- 50- 50- 440- 12- 00 1, 050, 446 WATER FUND- 5 ecial Fees 5620- 50- 50- 440- 40- 00 8 560 WATER FUND- Machines and E ui ment 5620- 50- 00- 450- 20- 00 24 689 MW CF WASTEWATER FUND- Machines and E ui ment 6010- 50- 30- 450- 20- 00 2 430 CTF SEWER FUND- Alarm Services 6080- SO- 34- 420- 18- 00 10 500 CTF SEWER FUND- Communication E ui . Re air 6080- 50- 34- 420- 72- 00 28, 972 CTF SEWER FUND- Machines and Equi ment 6080- 50- 34- 450- 20- 00 51, 620 REASON FOR RECOMMENDATION:

The Mid- Year Budget Report provides an opportunity to adjust operations be in alignment with current City needs while paired with the budget forecast with 6 months of actuals.
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CITY MANAGER' S REPORT Page 13
MARCH 14, 2022, CITY COUNCIL REGULAR MEETING
BIENNIAL BUDGET FISCAL YEAR 2021 — 2022 MIDYEAR REPORT ( YEAR 1) FISCAL IMPACT:

The Mid- Year Budget Report provides the City Council a periodic update on the City' s Biennial Budget. The fiscal impacts associated with the recommended staffing requests will be funded by offsetting increases in revenue sources as identified.

Operating Program and Capital Improvement Project requests totaling $ 2, 780, 200 across all funds are recommended to be funded from the sources identified in the budget amendments attachment.

ATTAC H M E NTS:

A. Resolution of the City Council of the City of Lathrop Approving the Mid- Year Budget Report for Year 1 of the Biennial Budget FY 2022 and FY 2023 and Related Budget and Position Control Request
B. Recommended Budget Amendments for Year 1 of Biennial Budget FY 2022 C. Job Description: Recreation Manager
D. Job Description: Parks and Facility Manager
E. Job Description: Street and Maintenance Operation Manager F. Job Description: Landscape & Irrigation Specialist
G. Job Description: Customer Service Representative I/ II H. Job Description: Senior Customer Service Representative I. Job Description: Customer Service Supervisor
J. Job Description: Director of Information Systems
K. Job Description: Human Resources Technician
L. Amended ] ob Description: Senior Administrative Assistant M. Amended Job Description: Human Resources Manager
N. Amended Job Description: Community Services Officer I/ II/ III O. Grade Step Table
P. Position Control Roster
183
CITY MANAGER' S REPORT Page 14
MARCH 14, 2022, CITY COUNCIL REGULAR MEETING
BIENNIAL BUDGET FISCAL YEAR 2021 — 2022 MIDYEAR REPORT ( YEAR 1) APPROVALS•
o 2 z z
Thomas Hedegard Date
Deputy Finance Director
U a0-- j;;
ri Jam, s Date
rect of Finance
I d /O
ere Roland Date
Director of Human Resources
p - zoz
Salvador Navarrete Date
City Attorney
3• o• 2Z
en J. Salvatore Date
City Manager
184
RESOLUTION NO. 22-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING THE MID- YEAR BUDGET REPORT FOR YEAR 1 OF THE BIENNIAL BUDGET FY 2022 AND FY 2023 AND RELATED BUDGET AND

POSITION CONTROL REQUESTS
WHEREAS, the City Council of the City of Lathrop adopted the Biennial Budget for Fiscal Year 2021/ 22 and 2022/ 23 on June 3, 2021 by Resolution No. 21- 4885; and
WHEREAS, as part of the Biennial Budget process, a mid- cycle review is conducted on the first year' s programmed allocations ( Year 1 or FY 2022). The financial review as of December 31, 2021, provides a mid- year budget update to the City Council for the current fiscal year.; and
WHEREAS, at mid- year, a $ 200, 000 appropriation adjustment is proposed for the General Fund to align the City' s expenditures with its current operating needs.; and
WHEREAS, in addition, sales tax revenue is performing better than expected, therefore, staff proposes increasing sales tax revenue by $ 200, 000; and WHEREAS, the proposed Mid- Year Report recommends approving the following new job descriptions:

1. Recreation Manager ( Attachment C)

2. Parks and Facilities Manager ( Attachment D)

3. Streets and Maintenance Operations Manager ( Attachment E)

4. Landscape and Irrigation Specialist ( Attachment F)

5. Customer Service Representative I/ II ( Attachment G)

6. Senior Customer Service Representative ( Attachment H)

7. Customer Service Supervisor ( Attachment I)

8. Director of Information Systems ( Attachment J)

9. Human Resource Technician ( Attachment K); and
WHEREAS, the proposed Mid- Year Report recommends revising the following job descriptions:

1. Senior Administrative Assistant ( Attachment L)

2. Human Resources Manager ( Attachment M)

3. Community Resource Officer ( Attachment N); and
WHEREAS, the proposed Mid- Year Report recommends approving the amended Grade Step Table and amending the Position Control roster; and 185
WHEREAS, the proposed Mid- Year Report recommends amending all other City funds based on changes in revenue and expenditure projections as shown on Attachment B of the staff report and adjustments recommended therein.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve the Mid- Year Budget Report for Year 1 of the Biennial Budget FY2022 and allow staff to make budget adjustments for FY 2023 to carryforward changes approved; and
BE IT FURTHER RESOLVED, that these new or revised salary adjustments shall be effective the first full pay period after council adoption. 186
The foregoing resolution was passed and adopted this 14th day of March, 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 187
MID- YEAR 2021/ 22
USE OF FUND BALANCE [( Increase)/ Decrease]
Source GL Account Amount
GENERAL FUND - E ui ment Re lacement Reserves 1010- 243- 00- 00 65 000 GENERAL FUND - Street Reserves 1010- 251- 03- 00 135 000 MEASURE C FUND 1060- 253- 00- 00 30 000
BUILDING SAFETY& INSPECTION FUND 2015- 253- 00- 00 10, 000 CONSTRUCTION ENGINEERING 2020- 253- 00- 00 69, 100
GAS TAX FUND - HUTA 2030- 253- 00- 00 200, 000

STREET FUND
2080- 253- 00- 00 26, 090

LTF FUND
2140- 253- 00- 00 3, 247
STORM DRAIN CITY ZONE 1 FUND 2510- 253- 00- 00 3 800
MOSSDALE SERVICES CFD 2004- 1 FUND 2570- 253- 00- 00 96 420 MOSSDALE LLMD FUND 2580- 253- 00- 00 25 000
CLSP SERVICES CFD 2019- 2 FUND 2680- 253- 00- 00 5 978
RTIF- LATHROP LOCAL WEST FUND 2360- 253- 00- 00 9, 130
WATER FUND 5620- 253- 00- 00 1, 117, 335
MWQCF WASTEWATER FUND 6010- 253- 00- 00 2, 430
CTF WASTEWATER FUND 6080- 253- 00- 00 91, 092
Use of Reserves Grand Total: 1 869 622
REVENUE — BUDGET AMENDMENTS [ Increase/( Decrease)]
Source GL Account Amount
GENERAL FUND - Sales Tax 1010- 15- 10- 313- 01- 00 200 000 GENERAL FUND - Miscellaneous 1010- 15- 10- 371- 90- 00 150, 000 STREET FUND - Parks, Recreation, Maint. Srvcs - Miscellaneous 2080- 30- 10- 371- 90- 00 82, 764 STORM DRAIN CITY ZONE 1 FUND - Parks, Recreation, Maint. Srvcs - Miscellaneous 2500- 50- 21- 371- 90- 00 3, 365 INDUSTRIAL LMD FUND - Parks, Recreation, Maint. Srvcs - Miscellaneous 2520- 50- 14- 371- 90- 00 5, 810 MOSSDALE LLMD FUND - Parks, Recreation, Maint. Srvcs - Miscellaneous 2580- 50- 64- 371- 90- 00 4, 940 FEDERAL GRANT FUND - Public Works - PS21- 12 - Pavement Maintenance 2150- 80- 00- 333- 05- 00 400, 000 STATE GRANT FUND - Public Works - GG22- 04 - Cit Hall ADA 2160- 80- 00- 331- 05- 00 83 050 CDBG FUND - Economic Develo ment 2650- 20- 10- 333- 01- 00 5 000 CDBG FUND - Economic Develo ment- Communit 2650- 20- 10- 333- 01- 02 82 301 CDBG FUND - Economic Develo ment- General Assistance Grant Pro ram 2650- 20- 10- 333- 01- 04 27 435 CLSP SERVICES CFD 2019- 2 - Parks, Recreation, Maint. Srvcs - Miscellaneous 2680- 50- 50- 371- 90- 00 16, 200 DEVELOPER PROJECT FUND - Contribution from Dev. 2710- 80- 00- 372- 01- 00 15, 813 Revenue Grand Total: 910 578
EXPENDITURE — BUDGET AMENDMENTS[ Increase/( Decrease)]
Source GL Account Amount
GENERAL FUND - Finance - Fixed Char es
1010- 15- 10- 440- 10- 00 193, 000
GENERAL FUND - Information Technolo - Salaries 1010- 17- 20- 410- 11- 00 73 000 GENERAL FUND - Communit Develo ment - Salaries 1010- 20- 10- 410- 1i- 00 42 100 GENERAL FUND - Parks, Recreation, Maint. Srvcs - Salaries 1010- 30- 01- 410- 11- 00 25 000 GENERAL FUND - Parks, Recreation, Maint. Srvcs - Salaries 1010- 30- 10- 410- 11- 00 17, 500 GENERAL FUND - Parks, Recreation, Maint. Srvcs - Communication Equi . Re air 1010- 30- 10- 420- 72- 00 24, 500 GENERAL FUND - Parks, Recreation, Maint. Srvcs - Alarm Services 1010- 30- 20- 420- 18- 00 13, 000 GENERAL FUND - Parks, Recreation, Maint. Srvcs - Salaries 1010- 30- 30- 410- 11- 00 23, 500 GENERAL FUND - Parks, Recreation, Maint. Srvcs - Salaries 1010- 30- 37- 410- 11- 00 17, 500 GENERAL FUND - Public Safet - Salaries 1010- 40- 20- 410- 11- 00 95 000 GENERAL FUND - Public Safet - Communit Services - Alarm Services 1010- 40- 20- 420- 18- 00 5 500 GENERAL FUND - Public Works - Salaries 1010- 50- 01- 410- i1- 00 5 200 GENERAL FUND - Public Works - Salaries 1010- 50- 06- 410- 11- 00 5 200 MEASURE C FUND - Public Works - Salaries 1060- 19- 10- 410- 11- 00 30, 000 STREETS FUND - Salaries 2080- 30- 10- 410- 11- 00 35, 000 STREETS FUND - Professional Services 2080- 30- 10- 420- 01- 00 75, 000 STREETS FUND - Street Li ht Maintenance 2080- 30- 10- 420- 33- 00 61, 890 STREETS FUND - Other Maintenance & Re air 2080- 30- 10- 420- 75- 00 24, 652 STREETS FUND - Other Maintenance & Re air 2080- 30- 10- 430- 26- 00 22, 312 STREETS FUND - Patchin Materials 2080- 30- 10- 430- 28- 00 25 000 BUILDING FUND - Salaries 2015- 50- 30- 410- 11- 00 25 000 BUILDING FUND - Professional Services 2015- 50- 30- 420- 01- 00 35 000 CONSTRUCTION ENGINEERING - Salaries 2020- 50- 03- 410- 11- 00 5 200 Attachment" B"
188
MID- YEAR 2021/ 22
DEVELOPMENT ENGINEERING - Salaries 2020- 50- 04- 410- 11- 00 111, 400 DEVELOPMENT ENGINEERING - Professional Services 2020- 50- 04- 420- 01- 00 47 500 CROSSROADS STORM DRAIN CITY ZONE FUND - Street Li ht Maintenance 2500- 50- 21- 420- 33- 00 3, 365 STORM DRAIN CITY ZONE 1 FUND - Alarm Services 2510- 50- 20- 420- 18- 00 1, 300 STORM DRAIN CITY ZONE 1 FUND - S ecial Fees 2510- 50- 20- 440- 40- 00 2, 500 INDUSTRIAL LMD FUND - Street Li ht Maintenance 2520- 50- 14- 420- 33- 00 5, 810 MOSSDALE SERVICES CFD 2004- 1 FUND - Communication E ui . Re air 2570- 50- 63- 420- 72- 00 47, 620 MOSSDALE SERVICES CFD 2004- 1 FUND - Nonstructure Im rovements 2570- 50- 63- 450- 38- 00 48, 800 MOSSDALE LLMD FUND - Street Li ht Maintenance 2580- 50- 64- 420- 33- 00 4 940 MOSSDALE LLMD FUND - Other Maintenance& Re air 2580- 50- 64- 420- 75- 00 25 000 CLSP SERVICES CFD 2019- 2 FUND - Street Li ht Maintenance 2680- 50- 50- 420- 33- 00 16, 200 CLSP SERVICES CFD 2019- 2 FUND - Communication E ui . Re air 2680- 50- 50- 420- 72- 00 5, 978 RTIF - LATHROP LOCAL WEST FUND - Fixed Char es 2360- 50- 10- 440- 10- 00 9, 130 CDBG FUND 2650- 20- 10- 440- 42- 00 5, 000
CDBG FUND - General Assistance Grant Pro ram 2650- 20- 10- 440- 45- 00 27, 435 GENERAL GOVERNMENT CIP- GG20- 15 - EnerGov Software Im lementation 3010- 80- 00- 420- 58- 00 15, 000 GENERAL GOVERNMENT CIP- GG21- 14 - Power Shutoff Grant Backu Generator 3010- 80- 00- 420- 12- 00 50, 000 GENERAL GOVERNMENT CIP- GG22- 01 - CFF U date 3010- 80- 00- 420- 12- 00 15, 813 GENERAL GOVERNMENT CIP - GG22- 04 - Cit Hall ADA Im rovements 3010- 80- 00- 420- 12- 00 749 STREETS CIP - PS21- 12 - Pavement Maintenance 3310- 80- 00- 420- 12- 00 400 000 STREETS CIP- PS22- 16 - Traffic Calmin Measures 3310- 80- 00- 420- 12- 00 200, 000 STREETS CIP - PS22- 18 - Bikewa to ACE Station 3310- 80- 00- 420- 12- 00 3, 247 WATER FUND - Alarm Services 5620- 50- 50- 420- 18- 00 22, 550 WATER FUND - Communication E ui . Re air 5620- 50- 50- 420- 72- 00 11, 090 WATER FUND - SCSWSP 0& M Cost 5620- 50- 50- 440- 12- 00 1, 050, 446 WATER FUND - S ecial Fees 5620- 50- 50- 440- 40- 00 8, 560 WATER FUND - Machines and E ui ment 5620- 50- 00- 450- 20- 00 24 689 MWQCF WASTEWATER FUND - Machines and E ui ment 6010- 50- 30- 450- 20- 00 2 430 CTF SEWER FUND - Alarm Services 6080- 50- 34- 420- 18- 00 10 500 CTF SEWER FUND - Communication E ui . Re air 6080- 50- 34- 420- 72- 00 28 972 CTF SEWER FUND - Machines and E ui ment 6080- 50- 34- 450- 20- 00 51, 620 Expenditure Grand Total: 2, 780, 200
TRANSFER IN — BUDGET AMENDMENTS [ Increase/( Decrease)] Source GL Account Amount
STREET FUND 2080- 9900- 393- 00- 00 135, 000
GENERAL GOVERNMENT CIP - GG20- 15 - EnerGov Software Im lementation 3010- 9900- 393- 00- 00 15 000 GENERAL GOVERNMENT CIP - GG21- 14 - Power Shutoff Grant Backu Generator 3010- 9900- 393- 00- 00 50 000 GENERAL GOVERNMENT CIP - GG22- 01 - CFF U date 3010- 9900- 393- 00- 00 15 813 GENERAL GOVERNMENT CIP - GG22- 04 - Cit Hall ADA Im rovements 3010- 9900- 393- 00- 00 749 STREETS CIP- PS21- 12 - Pavement Maintenance 3310- 9900- 393- 00- 00 400, 000 STREETS CIP- PS22- 16 - Traffic Calmin Measures 3310- 9900- 393- 00- 00 200, 000 STREETS CIP - PS22- 18 - Bikewa to ACE Station 3010- 9900- 393- 00- 00 3, 247 Transfer In Total: 818 311
TRANSFER OUT— BUDGET AMENDMENTS [ Increase/( Decrease)] Source GL Account Amount
GENERAL FUND - 2080, GG20- 15, GG21- 14 1010- 9900- 990- 90- 10 200 000 GAS TAX FUND - PS22- 16 2080- 9900- 990- 90- 10 200 000 LTF STREETS & ROADS FUND - PS22- 18 2140- 9900- 990- 90- 10 3 247 FEDERAL GRANT FUND - GG21- 12 2150- 9900- 990- 90- 10 400, 000 STATE GRANT FUND - GG22- 04 2160- 9900- 990- 90- 10 83, 050 CDBG FUND - GG22- 04 2650- 9900- 990- 90- 10 82, 301
DEVELOPER CONTRIBUTION FUND - GG22- 01 2710- 9900- 990- 90- 10 15, 813 Transfer Out Total: 818 311
Attachment" 189 B"

CITY OF LATHROP

RECREATION MANAGER
Class specifications are only intended to present a descriptive summary of the range of duties and responsibilities associated with specifiedpositions. Therefore, specifications mav not include al[ duties performed by individuals within a classifrcation. In addition, specifications are intended to outline the minimum qualifications necessary for entry into the class and do not necessarily convey the qualifications ofincumbents within the position
DEFINITION:

Under direction of the Director of Parks, Recreation and Maintenance Services, the Recreation Manager is responsible for the administration of all operations and activities of the division and division personnel. This responsibility includes the oversight and supervision of full time and part time recreation staff, acting as staff liaison of the Senior Advisory and Youth Advisory Commissions; the creation and implementation of a full calendar of Citywide special events; oversight of contracts for all leisure programs, the development and implementation of a variety of high quality youth and adult sports programs, senior programs, and youth and teen programs to meet the needs of a growing community; manages marketing, community outreach, website, promotional mailers, activity guides and the City' s social media platforms. The Recreation Manager ensures excellent customer service standards and reviews all final work products; recommends the purchase of supplies and equipment used in various activities, classes, and events; responsible for the oversight of City Solid waste and community education program, coordinates projects with other departments, and the documentation of incidents for claim reporting.

DISTINGUISHING CHARACTERISTICS:

The Recreation Manager is a management level employee responsible for the overall operation of the City' s Recreation division, including all related work for future, current and planned programs. This classification has supervisory responsibility of the recreation staff, which will require regularly monitaring and evaluation of assigned staff to ensure they are providing quality work and high productivity. This classification is distinguished from the next higher classification of Director of Parks, Recreation, and Maintenance Services in that the latter has overall responsibility for administering the responsibilities of the Parks, Recreation and Maintenance Services Department.

SUPERVISION RECEIVED/ EXERCISED:

Receives immediate supervision from the Director of Parks, Recreation, and Maintenance Services, or designee. Exercises direct and indirect supervision over assigned professional, technical and functional recreation staff.

ESSENTIAL FUNCTIONS: ( included but not limited to)
Oversees the functions within the Recreation division, including coordinating and supervising front office operations; processes all personnel and payroll paperwork; supervises, trains and evaluates staff; oversees and participates in the recruitment and selection process; makes recommendations on matters of general policy; oversees customer service and program registration.

Coordinates, tracks, reviews, and analyzes division budgets for the entire division; compiles budget and grant submittals; coordinates entire division budget and submits to the Finance Department; attends budget meetings with Finance and City Council budget sessions; completes various financial reports; completes year- end financial memos.

Oversees and manages customer service delivery, including program registration; responds to Attachment" C"
190
Recreation Manager