500
Policy# ATN217764P
United Specialty Insurance Company
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
VEN 051 00 ( 02/ 20)
PRIMARY AND NON- CONTRIBUTING INSURANCE ENDORSEMENT
This endorsement modifies the Conditions provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
The following is added to SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS of the COMMERCIAL GENERAL LIABILITY COVERAGE PART, and supersedes any provision to the contrary:
Primary and Non- Contributory Insurance
Any coverage provided to an Additional Insured under this policy shall be excess over any other valid and collectible insurance available to such Additional Insured whether primary, excess, contingent or on any other basis unless:
a. ( 1) The Additional Insured is a Named Insured under such other insurance; and
2) A fully written contract fully executed prior to the Named Insured' s commencement of work for such Additional Insured for the specificproject that is the subject of the claim, " suit," or" occurrence" expressly requires that this insurance:
i) apply on a primary and non- contributory basis;
and
ii) would not seek contribution from any other insurance availableto the additional insured.
or
b. Prior to a loss, you request in writing and we agree in writing that this insurance shall apply on a primary and non- contributory basis.
Name Of Person s Or Or anization s
As Required By Written Contract, Fully Executed Prior To The Named Insured' s Work.
All other terms, conditions and exclusions under this policy are applicable to this Endorsement and remain unchanged.
VEN 051 00( 02/ 20) Page 1 of 1
501
Policy: ATN217764P
UNITED SPECIALTY INSURANCE COMPANY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
VEN 064 00 ( 01/ 15)
THIRD PARTY CANCELLATION NOTICE ENDORSEMENT
This endorsement modifies the Conditions provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
If we cancel this policy for any reason other than nonpayment of premium, we will mail notification to the persons or organizations shown in the schedule below ( according to the number of days listed below) once the Named Insured has been notified.
If we cancel this coverage for nonpayment of premium, we will mail a copy of such written notice of cancellation to the name and address below at least 10 days prior to the effective date of such cancellation.
Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy.
SCHEDULE
Name and Address of Other Person/ Orqanization
City of Lathrop, its officers, City Council, Number of Days Notice boards and commissions and members thereof,
its employees and agents
390 Towne Centre Drive 30
Lathrop, CA 95330
All other terms, conditions and exclusions under this policy are applicable to this Endorsement and remain unchanged.
VEN 064 00( 01/ 15) Page 1 of 1
502
Subdivision Improvement Agreement ( River Islands Stage 2A, LLC) Tract 4115 Village " CC"
EXHIBIT " D"
UNFINISHED IMPROVEMENT COST ESTIMATE
AND VILLAGE " CC" — FULL IMPROVEMENT COST
503
ENGINEER' S BOND ESTIMATE January 27, 2020
COST TO COMPLETE Job No.: 25504- 09
RIVER ISLANDS- VILLAGE CC
VAN DAELE HOMES HIDEAWAY( PUBLIC IMPROVEMENTS)
CITY OF LATHROP, SAN JOAQUIN COUNTY, CALIFORNIA
Item Description Quantity Unit Unit Price Amount
COST TO COMPLETE( PUBLIC)
1 Landscape[ Offsite]( o% Completion) 1 LS $ 474, 150. 00 $ 474, 150. 00 2 Sanitary Sewer[ Onsite)( 0% Comp/ etion) 1 LS $ 238, 180. 00 $ 238, 180. 00 3 Water Supply[ Onsite]( 0% Completion) 1 LS $ 346, 910. 00 $ 346, 910. 00 4 Joint Trench[ Onsite]( 0% Completion) 1 LS $ 308, 000. 00 $ 308, 000. 00 5 Signing& Striping[ Offsite]( 0% Completion) 1 LS $ 13, 650. 00 $ 13, 650. 00 TOTAL COST TO COMPLETE( PUBLIC) $ 1, 380, 890. 00
T: 25504- River Islands\ Phase 09- Van Daele Homes Hideaway\ Word& Excel\ Cost Estimate\ Bond Estimate\ Hideaway Bond Es imates\ Improvements 504
ENGINE{ Z7NG
DRAFT ENGINEER' S OPINION OF PROBABLE COST 1/ 27/ 2020
VAN DAELE HOMES HIDEAWAY( PUBLIC IMPROVEMENTS) Job No.: 25504- 09
RIVER ISLANDS- VILLAGE CC
CITY OF LATHROP, SAN JOAQUIN COUNTY, CALIFORNIA
Item Description Quantity Unit Unit Price Amount
LANDSCAPE
Sidwell Drive( River Islands Pkwy to Garden Farms Ave) 5, 410 SF $ 8. 00 $ 43, 280. 00 2 Oberlin Avenue( River Islands Pkwy to Garden Farms Ave) 13, 190 SF $ 8. 00 $ 105, 520. 00 3 Garden Farms Avenue( south side of Bosch Ave to Oberlin Ave) 12, 050 SF $ 8. 00 $ 96, 400.00 4 Swale( Sidwell Dr to Oberlin Ave) 45, 790 SF $ 5. 00 $ 228, 950.00 Subtotal Landscape $ 474, 150. 00
SANITARY SEWER
5 S" PVC 2, 310 LF $ 28. 00 $ 64, 680. 00
6 Manholes 17 EA $ 4, 000. 00 $ 68, 000. 00
7 Sanitary Sewer Services2 41 EA $ 2, 500. 00 $ 102, 500. 00 8 Connect to Existing 1 EA $ 3, 000. 00 $ 3, 000. 00
Subtotal Sanitary Sewer $ 238, 180. 00
POTABLE WATER
9 8" PVC 3, 080 LF $ 32. 00 $ 98, 560. 00
10 8" GV 27 EA $ 1, 550. 00 $ 41, 850. 00
11 Blow- Off 5 EA $ 4, 000. 00 $ 20, 000. 00
12 ARV 1 EA $ 2, 500. 00 $ 2, 500. 00
13 Fire Hydrants 3 EA $ 4, 000. 00 $ 12, 000. 00
4 Water Services3 41 EA $ 4, 000. 00 $ 164, 000. 00
15 Connect to Existing 2 EA $ 4, 000. 00 $ 8, 000. 00
Subtotal Potable Water $ 346, 910. 00
JOINT TRENCH
16 Joint Trench per POD 40 EA $ 7, 700. 00 $ 308, 000. 00 Subtotal Joint Trench $ 308, 000. 00
SIGNING 8 STRIPING
1 Sidwell Drive( River Islands Pkwy to Garden Farms Ave) 490 LF $ 5. 00 $ 2, 450. 00 2 Oberlin Avenue( River Islands Pkwy to Garden Farms Ave) 1, 630 LF $ 5. 00 $ 8, 150. 00 3 Garden Farms Avenue( south side of Bosch Ave to Oberlin Ave) 610 LF $ 5. 00 $ 3, 050. 00 Subtotal Landscape $ 13, 650.00
TOTAL CONSTRUCTION COST $ 1, 380, 890. 00
Notes:
1) Unit prices are based on estimated currenl construction costs and no provision for inflation is included. 2) Unit price assumed to include one 6" sanitary sewer lateral, four sewer cleanouts, and three 4" sanitary sewer laterals to each pod. 3) Unit price assumed to include one 2" water service and one water manifold with three t" water meters and one t- 1/ 2" fre service for each pod.
BzGO ST lER3DGE E^ ALL ROAD. StJiTE 33 i, PLEA. ANTON. CA 34558 W P 92b.223.8340 : 209 5712466 T'. 25504- R rver Islands\ Phase 09- Van Daele Homes Hldeaway\ Word& Excel\ Cos Estimate\ Bontl Estimate 25504- Van Daele Homes Hltleaway Cost Es ima e( Public Improvements)\ Sheeti 505
ATTACHMENT E
JOINT ESCROW INSTRUCTIONS
RECORDATION OF FINAL MAPS
RIVER ISLANDS AT LATHROP)
April 11, 2022
Via Email and Hand Delivery
Old Republic Title Company
1215 W. Center Street, Suite 103
Manteca, CA 95337
Attn: Lori Richardson
Re: Recordation of Final Map 4115; Escrow No. 1214021507 Dear Lori:
This letter constitutes the joint escrow instructions (" Escrow Instructions") of River Islands Stage 2A, LLC, a Delaware limited liability company (" RIS2A") and the City of Lathrop (" City') in connection with the above- referenced escrow (" Escrov'). The Escrow was opened in connection with recordation of the above- referenced final map (" Final Map"). Recordation of the Final Map is subject to the conditions set forth below. The transactions described in these Escrow Instructions are referred to as the " Transaction." Old Republic Title Company is referred to as " you" or" ORTC." A. Date for Closinqs
The Final Map will be recorded at the time designated by RIS2A as set forth below. The Final Map can only be recorded after the City has approved the map in writing. The closing date for the Transaction is intended to occur by December 30, 2022, at the time designated in writing by RIS2A, subject to satisfaction of the conditions set forth below ( each a Closingl'). If the Final Map has not been recorded by June 30, 2022, ORTC will return the Final Map to the City.
B. Documents to be Delivered and Recordation Documents
In connection with the Transaction, you have in your possession or will receive the following documents from City and RIS2A for recordation in the Official Records of San Joaquin County, California (" Official Records").
B. 1. One original Final Map for Tract 4115, executed and acknowledged by the City ( provided to title by City).
B. 2. A fully executed and acknowledged Amendment to Notice of Special Tax Lien for the City of Lathrop Community Facilities District No. 2013- 1 ( River Islands Public Services and Facilities) Annexation No. 26 ( provided to title by City).
B. 3. A fully executed and acknowledged Amendment to Notice of Special Tax Lien for Island Reclamation District 2062 Community Facilities District No. 2013- 1 ( Levee and Lake Maintenance Services) ( provided to title by RIS2A).
B. 4. A fully executed and acknowledged Amendment to Notice of Special Tax Lien for River Islands Public Financing Authority Community Facilities District No. 2013- 1 ( River Islands Public Services) ( provided to title by RIS2A).
B. 5. A fully executed and acknowledged Amendment to Notice of Special Tax Lien for the River Islands Public Financing Authority Community Facilities District No. 2016- 1 ( River Islands Supplemental) ( provided to title by RIS2A). 1 506
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RECORDATION OF FINAL MAPS
RIVER ISLANDS AT LATHROP)
The documents listed in Items B. 1, B. 2, B. 3, B. 4 and B. 5 above are referred to as the Recordation Documents." The Recordation Documents shall be recorded in the order referred to above. The date on which the Recordation Documents are recorded in the Official Records is the Recordation Date.
Prior to recording the Recordation Documents, please confirm that you have received copies or originals of the following documents: ( i) Unanimous Approval of Annexation to a Community Facilities District and Related Matters, City of Lathrop Community Facilities District No. 2013- 1 ( River Islands Public Services and Facilities); ( ii) Consent to, and Ballot in favor of, Annexation of Real Property to the River Islands Public Financing Authority Community Facilities District No. 2013- 1 ( River Islands Public Services); ( iii) Consent to, and Ballot in favor of, Annexation of Real Property to Island Reclamation District No. 2062 Community Facilities District No. 2013- 1 ( Levee and Lake Maintenance); and ( iv) Consent to, and Ballot in favor of, Annexation of Real Property to the River Islands Public Financing Authority Community Facilities District No. 2016- 1 ( River Islands Supplemental). The original City of Lathrop Unanimous Approval must be delivered to the City of Lathrop. The original Consents and Ballots for River Islands Public Financing Authority CFD Nos. 2013- 1 and 2016- 1 and Island Reclamation District No. 2013- 1 must be delivered to Jeanne Zolezzi at Herum\ Crabtree\ Suntag, 5757 Pacific Ave., Suite 222, Stockton, CA 95207. Copies should be sent via email to Cari James ( clames@ci. lathrop. ca. us), Cindy Yan at Goodwin Consulting Group, cindy@qoodwinconsultinq qroup. net, Susan Dell' Osso sdellosso@riverislands. com) and Debbie Belmar ( dbelmarC riverislands. com) together with conformed copies of the amendments to notices of special tax that are recorded as part of the Recordation Documents.
C. Funds and Settlement Statement
You also have received, or will receive from RIS2A, prior to the recordation of the Recordation Documents, in immediately available funds, the following amounts, in accordance with the settlement statement prepared by you and approved in writing by both RIS2A and City ("Settlement Statemenf'): recordation costs, escrow fees and other amounts as set forth in the Settlement Statement. Such costs, fees and other amounts are the sole responsibility of RIS2A.
Funds to be wire transferred directly to the entity set forth below, immediately upon recordation of the Final Map, in accordance with the wire transfer instructions for each entity are as follows: The amount of $ 32,839.38, payable to the City pursuant to that certain Agreement to Settle Litigation Regarding River Islands at Lathrop as amended " Sierra Club Agreemenf'), constituting the amount of $ 3, 501. 00 multiplied by 9. 38 acres ( or portion thereof) included in the Final Map, is to be transferred to the City upon recordation of the Final Map. The City' s wire instructions are set forth below.
The amounts set forth in Section C are referred to as the " C/osing Funds." D. Closinq Requirements
When the following has occurred, you are authorized to close the Escrow at the time( s) and in accordance with the process set forth below:
D. 1. You have delivered copies of your Settlement Statement by email transmission to: ( a) Susan Dell' Osso ( sdellosso@riverslands. com); ( b) Debbie Belmar dbelmar@riverislands. com); ( c) Brad Taylor ( btaylor@ci. lathrop. ca. us); ( d) Salvador 2 507
JOINT ESCROW INSTRUCTIONS
RECORDATION OF FINAL MAPS
RIVER ISLANDS AT LATHROP)
Navarrete snavarrete@ci. lathrop. ca. us; e) Gienn Gebhardt qqebhardt@ci. lathrop. ca. us), ( f) Sandra Lewis ( slewis@ci. lathrop. ca. us), and have confirmation ( by telephone or email) from Susan Dell' Osso and Glenn Gebhardt or Brad Taylor that the Settlement Statement is accurate and acceptable; D. 2. You have not received any instructions contrary to these Escrow Instructions;
D. 3. The Recordation Documents and all other documents described herein as being held by you or delivered to you have been received by you and have been fully executed and, where applicable, acknowledged, and you have attached all legal descriptions or have confirmed that all exhibits and legal descriptions are attached; D. 4 You are prepared to record the Recordation Documents, as designated, release funds in accordance with the Settlement Statement and complete the Transaction in compliance with these Escrow Instructions; D. 5. You have delivered a copy of these instructions, executed by an authorized signatory of ORTC with authority to bind ORTC, and initialed all pages, by email transmission ( with original hard copy to follow by U. S. Mail) to Debbie Belmar and Glenn Gebhardt at the email addresses set forth above; and D. 6. You have received confirmation ( by email or other writing) from Susan Dell' Osso and Stephen Salvatore or Glenn Gebhardt to record the Recordation Documents and complete the Transaction.
E. Closinq Process and Priorities
When you have fully satisfied all of the closing requirements set forth in Section D, then you are authorized and instructed to do the following in the chronological order given:
E. 1. Date the Recordation Documents to be recorded;
E. 2. Record the Recordation Documents in the Official Records; E. 3. Pay the costs associated with the Transaction;
3 508
JOINT ESCROW INSTRUCTIONS
RECORDATION OF FINAL MAPS
RIVER ISLANDS AT LATHROP)
E. 4. Refund any funds delivered to you by RIS2A that are not disbursed at the time of the final Closing pursuant to these Escrow Instructions to the following entity and address:
River Islands Stage 2A, LLC
73 W. Stewart Road
Lathrop, CA 95330
Attn: Susan Dell' Osso
E. 5. Notify Susan Dell' Osso ( sdellosso@riverslands. com), Debbie Belmar( dbelmar@riverislands. com), Glenn Gebhardt ( qqebhardt@ci. lathrop. ca. us), Brad Taylor ( btaylor@ci. lathrop. ca. us), Sandra Lewis ( slewis@ci. lathrop. ca. us), Teresa Vargas tvarqas@ci. lathrop. ca. us), Sarah Pimentel ( spimentel@ci. lathrop. ca. us), and Jose Molina ( JMolina@sjqov. orq) of the completion of the Transaction; E. 6. Within five ( 5) business days after each Recordation Date, deliver by overnight delivery via recognized, national, overnight delivery carrier to: ( 1) Susan Dell' Osso, River Islands Stage 2A, LLC, 73 W. Stewart Road, Lathrop, CA 95330; and 2) Mr. Glenn Gebhardt, City Engineer, City Attorney, City of Lathrop, 390 Towne Centre Drive, Lathrop, CA 95330:
A) a certified copy of the Recordation Documents, showing all recording information of the Recordation Documents; and B) a certified copy of the final Settlement Statement.
F. Additionallnstructions
When assembling the final documents, signature pages from all parties shall be inserted into each respective final document in creating fully executed counterparts.
Please acknowledge receipt of these instructions and your agreement to act as Escrow agent in connection with this Transaction in accordance with these Escrow Instructions, by executing and dating a copy of these Escrow Instructions where indicated below, initialing all pages and returning it to both of the undersigned.
The Escrow Instructions may be modified only in a writing signed by both of the undersigned.
Very truly yours,
Stephen J. Salvatore Date Susan Dell' Osso Date
City Manager President
City of Lathrop River Islands Stage 2A, LLC
4 509
JOINT ESCROW INSTRUCTIONS
RECORDATION OF FINAL MAPS
RIVER ISLANDS AT LATHROP)
ESCROW INSTRUCTIONS
ACKNOWLEDGEMENT AND AGREEMENT:
Receipt of the foregoing Escrow Instructions from RIS2A and the City is hereby acknowledged. The undersigned agrees, for itself, and on behalf of ORTC, to proceed in strict accordance with these Escrow Instructions. The undersigned represents and warrants to RIS2A and the City that the undersigned is authorized to execute this Acknowledgement and Agreement, for itself, and on behalf of ORTC.
Old Republic Title Company
By:
its:
Date:
5 510
Quint& T1 inunig LLP 8/ 22/ 16
RECORDING REQUESTED BY AND
AFTER RECORDATION RETURN TO:
City Clerk
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Recorded for the benefit of the City of Lathrop
pursuant to Government Code Section 27383
TWENTY- SIXTH AMENDMENT TO NOTICE OF SPECIAL TAX LIEN
City of_Lathrop
Community Facilities District No. 2013- 1
River Islands Public Services and Facilities)
Annexation No. 26
Pursuant to the requirements of Section 3117.5 of the Streets and Highways Code of California and the Mello-Roos Community Facilities Act of 1982, as amended, Section 53311, et. seq., of the California Government Code ( the " Act"), the undersigned City Clerk of the City of Lathrop( the" City"), County of San Joaquin, State of California, hereby gives notice that a lien to secure payment of a special tax is hereby imposed by the City Council of the City on the property described in Exhibit A hereto. The special tax secured by this lien is authorized to be levied for the purpose of paying principal and interest on bonds, the proceeds of which are being used to finance the acquisition and construction of all or a portion of the public facilities authorized to be funded by the City of Lathrop Community Facilities District No. 2013- 1 ( River Islands Public Services and Facilities) ( the " CFD"), and to pay costs of the public services and facilities authorized to be funded by the CFD, both as described in Exhibit A to the Notice of Special Tax Lien heretofore recorded in the Office of the County Recorder for the County of San Joaquin, State of California ( the" County Recorder") on November 18, 2013 as Document No. 2013- 143754 ( the Original Notice"), and said special tax is to be levied according to the Rate and Method of Apportionment of Special Tax set forth in Exhibit B to the Notice of Special Tax Lien, to which recorded Notice of Special Tax Lien reference is hereby made and the provisions of which are hereby incorporated herein in full by this reference. An Amended Notice of Special Tax Lien reflecting the Amended Rate and Method of Apportionment of Special Tax was subsequently recorded at the County Recorder on October 23, 2015 as Document No. 2015- 127760 ( the Amended Notice').
This Twenty- Sixth Amendment to Notice of Special Tax Lien amends the Notice of Special Tax Lien to add to the territory within the City of Lathrop Community Facilities District No. 2013- 1 ( River Islands Public Services and Facilities) certain real property identified in Exhibit A hereto the " Property") and shown within the future annexation area on the boundary map of the community facilities district recorded on June 1, 2013, in Book 6 of Maps of Assessment and Community Facilities Districts at Page 42 ( Document No. 2013- 13663, in the Office of the 18016. 00: RIPFA: J 14223
511
County Recorder, which map is the final boundary map of the community facilities district. The Property is being arulexed into Tax Zone 1 of the community facilities district, as described in the Amended and Restated Rate and Method of Apportionment of Special Tax attached as Exhibit A to the Amended Notice, with the maximum special tax rates identified in Exhibit B hereto.
The assessor' s tax parcel( s) numbers of all parcels or any portion thereof which are included in this Twenty-Sixth Amendment to Notice of Special Tax Lien, together with the name( s) of the owner( s) thereof, as they appear on the latest secured assessment roll as of the date of recording hereof or as are otherwise known to the Authority are as set forth in Exhibit A hereto which is by this reference made a part hereof.
For further information concerning the current and estimated future tax liability of owners or purchasers of real property or interests therein subject to the special tax lien, interested persons should contact the Finance Director, City of Lathrop, 390 Towne Centre Drive, Lathrop, California 95330; Telephone: ( 209) 941- 7327.
Dated: 2022.
By:
City Clerk,
City of Lathrop
2-
512
EXHIBIT A
CITY OF LATHROP
COMMUNITY FACILITIES DISTRICT NO. 2013- 1
RIVER ISLANDS PUBLIC SERVICES AND FACILITIES)
ANNEXATION NO. 26
ASSESSOR' S PARCEL NUMBER( S) AND OWNER( S) OF LAND
WITHIN ANNEXATION NO. 26 TO CITY OF LATHROP
COMMUNIT' Y FACILITIES DISTRICT NO. 2013- 1
RIVER ISLANDS PUBLIC SERVICES AND FACILITIES)
San Joaquin County
Name( s) of Property Owner( s) Assessor' s Parcel No.
RIVER ISLANDS STAGE 2A, LLC 210- 570- 01
73 W. STEWART RD.,
LATHROP, CA 95330
A- 1
513
EXHIBIT B
CITY OF LATHROP
COMMUNIT` Y FACILITIES DISTRICT NO. 2013- 1
RIVER ISLANDS PUBLIC SERVICES AND FACILITIES)
ANNEXATION NO. 26
MAXIMUM SERVICES SPECIAL TAX FOR ZONE 1 OF THE CFD
The table below identifies the Maximum Services Special Tax for Developed Property within Tax Zone 1, both before and after the Trigger Event:
Maximum Services Maximum Services
Special Tax in Tax Special Tax in Tax
Zone 1 Prior to the Zone 1 After the
Trigger Event Trigger Event
Fiscal Year 2013- ( Fiscal Year 2013-
T e of Pro er Lot Size 14)* 14)*
Residential Propert
Single Family Detached Property Greater than 7, 000 SqFt $ 328. 74 per SFD Lot $ 155. 91 per SFD Lot Single Family Detached Property 5, 801 to 7, 000 SqFt $ 265. 42 per SFD Lot $ 125. 88 per SFD Lot Single Family Detached Property 4, 801 to 5, 800 SqFt $ 243. 51 per SFD Lot $ 115. 49 per SFD Lot Single Family Detached Property 4, 000 to 4, 800 SqFt $ 206. 98 per SFD Lot $ 98. 16 per SFD Lot Single Family Detached Property Less Than 4, 000 SqFt $ 192. 37 per SFD Lot $ 91. 23 per SFD Lot Single Family Attached Property Not Applicable 0. 00 per Unit 0. 00 per Unit Multi- Famil Pro ert Not A licable 0. 00 er Unit 0. 00 er Unit
0. 00 per Non- 0. 00 per NonNon- Residential Property Not Applicable Residential Square Residential Square Foot Foot
Ofi July 1, 2014, and on each july 1 thereafter, all figures shown in the tatile above shall be increased tiy the Escalation Factor.
B- 1
514
MAXIMUM FACILITIES SPECIAL TAX FOR ZONE 1 OF THE CFD
The table below identifies the Maximum Facilities Special Tax for Developed Property within Tax Zone 1, both before and after the Trigger Event:
Maximum Maximum
Facilities Special Facilities Special
Tax in Tax Zone 1 Tax in Tax Zone 1
Prior to the Trigger After the Trigger
Event( Fiscal Year Event( Fiscal Year
T e of Pro er Lot Size 2013- 14)* 2013- 14)*
Residential Propert
Single Family Detached Property Greater than 7, 000 SqFt $ 0. 00 per SFD Lot $ 172. 83 per SFD Lot Single Family Detached Property 5, 801 to 7, 000 SqFt $ 0. 00 per SFD Lot $ 139. 54 per SFD Lot Single Family Detached Property 4, 801 to 5, 800 SqFt $ 0. 00 per SFD Lot $ 128. 02 per SFD Lot Single Family Detached Property 4, 000 to 4, 800 SqFt $ 0. 00 per SFD Lot $ 108. 82 per SFD Lot Single Family Detached Property Less Than 4, 000 SqFt $ 0. 00 per SFD Lot $ 101. 14 per SFD Lot Single Family Attached Property Not Applicable 0. 00 per Unit 0. 00 per Unit Multi- Famil Pro ert Not A licable 0. 00 er Unit 0. 00 er Unit
0. 00 per Non- 0. 00 per NonNon- Residential Property Not Applicable Residential Square Residential Square Foot Foot
On July 1, 2014, and on each July 1 thereafter until the first Fiscal Year after the Trigger Event, allfigures shown in the tatile a ove shall be increased by the Escalation Factor. On July 1 of the first Fiscal Year after the Trigger Event, ancl on each July 1 thereafter, the Maximum Facilities Special Taxes shall increase by two percent( 2%) of the amount in effect in the prior Fiscal Year.
B- 2
515
Quint& Thiininig LLP 2/ 13/ 16
CONSENT TO, AND BALLOT IN FAVOR OF, ANNEXATION OF REAL PROPERTY
TO THE RIVER ISLANDS PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 2016- 1 ( RIVER ISLANDS SUPPLEMENTAL) To: Board of Directors of the River Islands
Public Financing Authority, in its capacity
as the legislative body for the River Islands
Public Financing Authority Community
Facilities District No. 2016- 1 ( River Islands
Supplemental)
The undersigned hereby states and certifies, under penalty of perjury, as follows:
L The undersigned is the owner( the" Owner"), or the legally authorized representative of the Owner, of fee title to the real property identified by San Joaquin County Assessor' s parcel number( s) listed below ( the " Property"), and possesses all legal authority necessary to execute this consent to, and ballot in favor of( the " Consent and Ballot"), the annexation of the Property to the River Islands Public Financing Authority Community Facilities District No. 2016- 1 ( River Islands Supplemental) ( the" CFD").
2. The Owner understands that the Board of Directors of the River Islands Public Financing Authority ( the " Board") has conducted proceeding pursuant to the Mello-Roos Community Facilities Act of 1982, as amended ( the " Law") to form the CFD to finance various facilities ( the " Facilities") described in Exhibit A hereto. The Owner also understands that the proceedings for the formation of the CFD authorized the Board to levy an annual special tax (the Special Tax") on property in the CFD as specified in the Amended Rate and Method of Apportionment of Special Tax ( the" Rate and Method") for the CFD, a copy of which is attached hereto as Exhibit B, and authorized the annexation of property to the CFD, without additional public hearings, upon approval of the fee title owner of the property to be annexed as permitted by Section 53339.7(a) of the Law.
The Owner has been advised that a Notice of Special Tax Lien was recorded against the real property initially included within the boundaries of the CFD in the Office of the San Joaquin County Recorder ( the " County Recorder') on September 19, 2016 as Document No. 2016- 112901 the" Original Notice"), and a First Amendment to Notice of Special Tax Lien was recorded in the Office of the County Recorder on February 16, 2017, as Document No. 2017-020077.
3. The Owner hereby irrevocably consents to, approves, and votes ( for purposes of Article XIIIA of the California Constitution) in favor of the annexation of the Property to Tax Zone 3 of the CFD( as such Tax Zone is described in the Rate and Method, and as the Maximum Special Tax rates for such Zone 3 are set forth in Exhibit C hereto), and irrevocably consents to, approves and votes in favor of the annual levy of the Special Tax on the Property pursuant to the Rate and Method to finance the Facilities and for the other authorized purposes of the CFD. The Owner acknowledges that the Secretary of the River Islands Public Financing Authority will record, or cause to be recorded, against the Property in the Office of the County Recorder an amendment to 18016. 17: J14447
516
the Original Notice as required by Section 3117.5 of the California Streets and Highways Code, which will impose a continuing lien on the Property to secure each levy of the Special Tax, and that under the Law said lien ( a) will be coequal with the lien for ad valorem real property taxes levied by the County of San Joaquin on the Property, and ( b) will be senior to any lien of any mortgage on the Property whether such mortgage lien was recorded prior to or after the recordation of the amendment to the Original Notice.
4. The Owner hereby irrevocably waives any right the Owner may otherwise have to protest or challenge the validity of the proceedings of the Board to form the CFD and to authorize the annexation of any property ( including the Property) to the CFD, and any necessity, requirement or right for further public hearings or any election pertaining to the annexation of the Property to the CFD or the levy of the Special Tax on the Property.
5. The Owner hereby agrees to provide written notice of the annexation of the Property to the CFD, and of the authority of the Board to levy the Special Tax on the Property pursuant to the Rate and Method, to any subsequent purchaser of the Property to the extent required by applicable law.
The Property subject to this Consent and The full legal name of the fee title Owner of Ballot, and to be annexed to the CFD, the Property is:
consist of the following San Joaquin County
Assessor' s Parcel( s): River Islands Stage 2A, LLC
See Exhibit D
The foregoing Consent and Ballot is hereUy executed this day of 2022, in California.
By:
signature)
Susan Dell' Osso
type naine of person executing
Consent and Ballot)
Its: President
insert legal capacity of person
executing Consent and Ballot)
2-
517
EXHIBIT A
RIVER ISLANDS PUSLIC FINANCING AUTHORITY
COMMUNIT' Y FACILITIES DISTRICT NO. 2016- 1
RIVER ISLANDS SUPPLEMENTAL)
DESCRIPTION OF FACILITIES AUTHORIZED TO BE FUNDED BY THE DISTRICT The following generally described public infrastructure and related improvements within, in the vicinity or otherwise incident to the development of the area generally known as River Islands at Lathrop:
Lake improvements, discharge facilities and intake facilities, including grading, pumps, shore improvements, aeration facilities, CDS units, pipes and other necessary infrastructure required to provide storm water, flood retention and recreational facilities.
Bio Retention Basins and BMP improvements, including planting, irrigation and other improvements necessary for storm water storage and cleansing.
Roadway improvements, including grading, fill, pavement section, joint trench, water, sewer, reclaimed water and other utility improvements necessary for or incident to road construction. Also including landscaping, street lights and signage, monuments and traffic signals.
Bridge improvements, including design, construction, utility connections, roadway approaches and other incidental improvements required for construction of bridges.
Water system infrastructure, including tanks, pump stations, distribution lines and other improvements necessary for delivery of potable or reclaimed water.
Sewer system infrastructure and improvements, including treatment facilities, sanitary sewer collection lines and force mains, effluent holding and storage, spray fields, pump stations, lift stations, and other improvements necessary for delivery and treatment of sanitary sewer service.
Public parks, as well as landscaping and recreational features along rivers, lakes, within parks and along and including pathways and other public areas.
Electrical system improvements, including offsite improvements, overhead facilities, substations, relocation and removal of electrical poles, undergrounding of service facilities and associated improvements to service the development.
Natural gas facilities upgrades and extensions, including pipeline extension and gas transmission regulator stations.
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Telecommunications facilities, including fiber optic cable on and off site and other required infrastructure.
Grading for and construction of levees.
Public safety facilities, including but not limited to fire stations and related appurtenances, also including related site improvements, plus related equipment with a useful life of five years or more.
Elementary schools, middle schools and high schools and related appurtenances, including sports fields, parking and other customary amenities.
Environmental mitigation and related appurtenances related to the facilities and improvements eligible to be funded by the District.
All or a portion of any amount necessary to eliminate any fixed special assessment liens, or to pay, repay, or defease any obligation to pay or any indebtedness secured by any tax, fee, charge, or assessment levied within the area of the District and any property annexed thereto or to pay debt service on any such indebtedness.
The foregoing improvements may include the acquisition of right of way and land, the cost of design, engineering and planning, the costs of any environmental review or traffic studies, survey or other reports, landscaping and irrigation, soils testing, soil preparation including deep dynamic compaction, dewatering, permits, plan check and inspection fees, other public fees, insurance, legal and related overhead costs, coordination and supervision and any other costs or appurtenances related to any of the foregoing.
OTHER
The District may also finance any of the following:
1. Bond related expenses, including underwriter' s discount, reserve fund, capitalized interest, structuring agent, bond, disclosure and underwriter' s counsel and all other incidental expenses.
2. Adminishative fees of the Authority and the Bond trustee or fiscal agent related to the District and the Bonds.
3. Reimbursement of costs related to the formation of the District advanced by the Authority or any landowner or developer within the District, as well as reimbursement of any costs advanced by the Authority or any landowner or developer within the District, for facilities, fees or other purposes or costs of the District.
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EXHIBIT B
RIVER ISLANDS PUBLIC FINANCING AUTHORITY
COMMUNIT' Y FACILITIES DISTRICT NO. 2016- 1
RIVER ISLANDS SUPPLEMENTAL)
AMENDED RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX A Special Tax applicable to each Assessor' s Parcel in the River Islands Public Financing Authority Community Facilities District No. 2016- 1 ( River Islands Supplemental) shall be levied and collected according to the tax liability determined by the Board of Directors or its designee, through the application of the appropriate amount or rate for Taxable Property, as described below. All of the property in CFD No. 2016- 1, unless exempted by law or by the provisions of Section F below, shall be taxed for the purposes, to the extent, and in the manner herein provided, including property subsequently annexed into the CFD.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
Accessory UniY' means a second residential unit of limited size ( e.g., granny cottage, second unit) that shares a Parcel with a single-family detached unit.
Acre" or" Acreage" means the land area of an Assessor' s Parcel as shown on an Assessor' s Parcel map, or if the land area is not shown on an Assessor' s Parcel Map, the land area shown on the applicable Final Map or other parcel map recorded with the County.
Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, commencing with Section 53311), Division 2 of Title 5 of the California Government Code.
Adrninistrative Expenses" means any or all of the following: the fees and expenses of any fiscal agent or trustee ( including any fees or expenses of its counsel) employed in connection with any Bonds, and the expenses of the Authority in carrying out its duties with respect to CFD No. 2016- 1 and the Bonds, including, but not limited to, levying and collecting the Special Tax, the fees and expenses of legal counsel, charges levied by the County Auditor' s Office, Tax Collector' s Office, and/ or Treasurer' s Office, costs related to annexing property into the CFD, costs related to property owner inquiries regarding the Special Tax, amounts needed to pay rebate to the federal government with respect to the Bonds, costs associated with complying with any continuing disclosure requirements for the Bonds and the Special Tax, and all other costs and expenses of the Authority, Lathrop Irrigation District, and Island Reclamation District No. 2062 in any way related to the establishment or administration of the CFD.
Adrninistrator" means the person or firm designated by the Authority to administer the Special Tax according to the Amended RMA.
Amended RMA" means this Amended Rate and Method of Apportionment of Special Tax.
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Assessor' s Parcel" or " Parcel" means a lot or parcel shown on an Assessor' s Parcel Map with an assigned Assessor' s Parcel number.
Assessor' s Parcel Map" means an official map of the County Assessor designating parcels by Assessor' s Parcel number.
Association Property" means any property within the CFD that is owned by a homeowners association or property owners association, excluding Association Property under the pad or footprint of a Unit.
Authority' means the River Islands Public Financing Authority.
Authorized Facilities" means those public facilities authorized to be funded by the CFD as set forth in the CFD formation proceedings.
Board of Directors" or " Board" means the Board of Directors of the River Islands Public Financing Authority.
Bonds" means bonds or other debt( as defined in the Act), whether in one or more series, issued, insured or assumed by CFD No. 2016-1, including debt issued by agencies other than the Authority( as referenced in Section 53313. 5( g) of the Act), to pay for public infrastructure and/ or improvements that will serve property included within, or intended to be annexed into, the CFD.
Capitalized Interest" means funds in any capitalized interest account available to pay debt service on Bonds.
CFD" or " CFD No. 2016- 1" means the River Islands Public Financing Authority Community Facilities District No. 2016- 1 ( River Islands Supplemental).
CFD Formation" means the date on which the Resolution of Formation to form CFD No. 2016- 1 was adopted by the Board of Directors.
City" means the City of Lathrop.
City Council" means the City Council of the City of Lathrop.
County" means the County of San Joaquin.
Developed Property' means, in any Fiscal Year, all Taxable Property in CFD No. 2016- 1 for which a building permit for new construction was issued by the City on or prior to June 30 of the preceding Fiscal Year.
Excess Public Property" means the acres of Public Property that exceeds the acreage exempted in Section F below. In any Fiscal Year in which a Special Tax must be levied on Excess Public Property pursuant to Step 4 in Section D below, Excess Public Property shall be those Assessor' s B- 2
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Parcel( s) that most recently became Public Property based on the dates on which Final Maps recorded creating such Public Property.
Final Map" means a final map, or portion thereof, recorded by the County pursuant to the Subdivision Map Act( California Government Code Section 66410 et seq.) that creates individual lots on which building permits for new construcdon may be issued without further subdivision and for which no further subdivision is anticipated pursuant to a Tentative Map approved for the property or, if no Tentative Map has been approved, pursuant to a then current specific plan or other land use plan for the property.
First Transfer Date" means for a Parcel of Residential Property, the date of the first transfer of ownership to a private homeowner after a building permit for new construction has been issued.
Fiscal Year' means the period starting July 1 and ending on the following June 30.
Master Developer" means River Islands Development, and its successors and assignees.
Maximum Special Tax" means the greatest amount of Special Tax that can be levied in any Fiscal Year determined in accordance with Section C below.
Other Property' means, in any Fiscal Year, all Parcels of Developed Property that are not Residential Property.
Proportionately" means the following: (i) for Developed Property, the ratio of the actual Special Tax levied in any Fiscal Year to the Maximum Special Tax authorized to be levied in that Fiscal Year is equal for all Assessor' s Parcels of Developed Property; (ii) for Undeveloped Property, the ratio of the actual Special Tax to the Maximum Special Tax is equal for all Assessor' s Parcels of Undeveloped Property; ( iii) for Association Property, the ratio of the actual Special Tax to the Maximum Special Tax is equal for all Assessor' s Parcels of Association Property; and ( iv) for Excess Public Property, the ratio of fl1e actual Special Tax to the Maximum Special Tax is equal for all Assessor' s Parcels of Excess Public Property.
Public Property" means, in any Fiscal Year: ( i) all Parcels within the boundaries of the CFD that are owned by or irrevocably offered for dedication to the federal government, the State of California, the City or any other public agency; and ( ii) all Parcels within the boundaries of the CFD that are encumbered by an unmanned utility easement making impractical its utilization for other than the purpose set forth in the easement.
Purchase Agreement" means an agreement between the Master Developer and a homebuilder.
Required Coverage" means the amount by which the Maximum Special Tax revenues must exceed the debt service on the Bonds and required Administrative Expenses, as set forth in the Indenture, Certificate of Special Tax Consultant, or other formation or bond document that sets forth the minimum required debt service coverage.
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Residential Property" means, in any Fiscal Year, all Parcels of Developed Property for which a building permit was issued for construction of a residential structure consisting of one or more Units.
Special Tax" means a Special Tax levied in any Fiscal Year to pay the Special Tax Requirement.
Special Tax Requirement" means the amount necessary in any Fiscal Year: (i) to pay principal and interest on Bonds which are due in the calendar year that begins in such Fiscal Year; ( ii) to create and/ or replenish reserve funds for the Bonds to the extent such replenishment has not been included in the computation of Special Tax Requirement in a previous Fiscal Year; ( iii) to cure any delinquencies in the payment of principal or interest on Bonds which have occurred in the prior Fiscal Year;( iv) to pay Administrative Expenses; and( v) if the Administrator determines Special Tax revenues are available after items ( i) through ( iv) have been funded, to directly pay the costs of Authorized Facilities that have not been paid by the proceeds of previously issued Bonds to the extent that the inclusion of such amounts does not increase the Special Tax levied on Undeveloped Property. The amounts referred to in clauses( i) and( ii) of the preceding sentence may be reduced in any Fiscal Year by: ( i) interest earnings on or surplus balances in funds and accounts for the Bonds to the extent that such earnings or balances are available to apply against debt service pursuant to a Bond indenture, Bond resolution, or other legal document that sets forth these terms;( ii) proceeds from the collection of penalties associated with delinquent Special Taxes; and ( iii) any other revenues available to pay debt service on the Bonds as determined by the Administrator.
Taxable Property' means all of the Assessor' s Parcels within the boundaries of the CFD which are not exempt from the Special Tax pursuant to law or Section F below.
Tax Zone" means a mutually exclusive geographic area within which the Special Tax may be levied pursuant to this Amended RMA. All of the property within CFD No. 2016- 1 at the time of CFD Formation is within Tax Zone 1. Additional Tax Zones may be created when property is annexed to the CFD, and a separate Maximum Special Tax shall be identified for property within the new Tax Zone at the time of such annexation. The Assessor' s Parcels included within a new Tax Zone established when such Parcels are annexed to the CFD shall be identified by Assessor' s Parcel number in the Unanimous Approval Form that is signed by the owner( s) of the Parcels at the time of aruzexation.
Tentative Map" means a map that is made for the purpose of showing the design of a proposed subdivision and the conditions pertaining thereto and is not Uased on a detailed survey of the property within the map and is not recorded at the County Recorder' s Office to create legal lots.
Unanimous Approval Form' means that form executed by the record owner of fee title to a Parcel or Parcels annexed into the CFD that constitutes the property owner' s approval and unanimous vote in favor of annexing into the CFD and the levy of the Special Tax against his/ her Parcel or Parcels pursuant to this Amended RMA.
Undeveloped Property" means, in any Fiscal Year, all Parcels of Taxable Property within the CFD that are not Developed Property, Association Property, or Excess Public Property.
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Unit" means an individual single family detached residential unit or an individual residential rental unit within a duplex, triplex, fourplex, townhome, condominium structure, or apartment complex. An Accessory Unit that shares a Parcel with a single-family detached unit shall not be considered a separate Unit for purposes of this Amended RMA B. DATA FOR ANNUAL ADMINISTRATION
On or about July 1 of each Fiscal Year, the Administrator shall identify the current Assessor' s Parcel numbers for all Taxable Property. The Administrator shall also determine: (i) within which Tax Zone each Parcel is located, ( ii) whether each Assessor' s Parcel is Developed Property, Undeveloped Property, Association Property, or Excess Public Property, ( iii) for Developed Property, which Parcels are Residential Property or Other Property, and ( iv) the Special Tax Requirement. In addition, the Administrator shall keep a record of all Parcels for which the Maximum Special Tax has been reduced pursuant to Section C. 3 of the Amended RMA as well as the resulting Maximum Special Tax for each Parcel.
In any Fiscal Year, if it is determined that( i) a Final Map for a portion of property in the CFD was recorded after the last date upon which the Assessor will incorporate the newly- created Parcels into the then current tax roll, and( ii) because of the date the Final Map was recorded, the Assessor does not yet recognize the new Parcels created by the Final Map, the Administrator shall calculate the Special Tax for the property affected by recordation of the Final Map by determining the Special Tax that applies separately to each newly-created Parcel, then applying the sum of the individual Special Taxes to the original Parcel that was subdivided by recordation of the Final Map.
C. MAXIMUM SPECIAL TAX
1. Tax Zone 1
Table 1 below identifies the Maximum Special Tax for Taxable Property within Tax Zone 1 at CFD Formation and all Parcels that annex into Tax Zone 1 after CFD Formation.
TABLEI
TAX ZONE 1
MAXIMUM SPECIAL TAXES
Maxir iurrT Special Tc x
T
pe ofPropert Fiscal Year 2016- 17*
Residential Property 0 per Unit
Other Property 10 per Acre
Undeveloped Property 10 per Acre
On Jul 1, 2017, and on each Jul 1 thereafter, tlie
Maximum Specinl Taxes sliozvn in Table 1 above shall be increased b an amount equal to two percent ( 2%) of the amount in effect for the prior Fiscal 1' ear.
2. Additional Tax Zones
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If property is annexed into the CFD and a separate Tax Zone is established for such property, Maximum Special Tax rates will be identified for Taxable Property in the new Tax Zone in the Unanimous Approval Form signed by the annexing property owner.
3. Changes to theMaximum Special Tax
Prior to the First Transfer Date, the Maximum Special Tax for a Parcel of Residential Property may be reduced once if the Administrator determines that the Maximum Special Tax for a Parcel of Residential Property would result in a total effective tax rate, including property tax, tax overrides, and other direct special taxes and assessments, greater than the percentage of the estimated sales price specified in the Purchase Agreement.
Notwithstanding the forgoing, the Maximum Special Tax shall not be reduced for any Parcel if such a reduction reduces debt service coverage on outstanding Bonds below the Required Coverage.
The Special Tax reduction required pursuant to this section shall be made without a vote of the qualified electors in the CFD and shall be reflected in an amended Notice of Special Tax Lien against the Parcel in question which the CFD shall cause to be recorded by executing a certificate in substantially the form attached herein as Exhibit 1.
Pursuant to Section 53321 ( d) of the Act, the Special Tax levied against a Parcel used for private residential purposes shall under no circunzstances inerease more than ten percent ( 10%) as a consequence of delinquency or default by the owner of any other Parcel or Parcels and shall, in no event, exeeed tlie Maximum Special Tax in effect for the Fiscal Year in which the Speeial Tax is being levied.
D. METHOD OF LEVY OF THE SPECIAL TAX
Each Fiscal Year, the Administrator shall determine the Special Tax Requirement to be collected in that Fiscal Year, and the Special Tax shall be levied according to the steps outlined below.
Step 1: The Special Tax shall be levied Proportionately on each Parcel of Developed Property within the CFD up to 100% of the Maximum Special Tax for each Parcel for such Fiscal Year determined pursuant to Section C;
Step 2: If additional revenue is needed after Step 1, and after applying Capitalized Interest to the Special Tax Requirement, the Special Tax shall be levied Proportionately on each Assessor' s Parcel of Undeveloped Property within the CFD, up to 100% of the Maximum Special Tax for Undeveloped Property for such Fiscal Year determined pursuant to Section C;
Step 3: If additional revenue is needed after applying fl1e first two steps, the Special Tax shall be levied Proportionately on each Parcel of Association Property within the CFD, up to 100% of the Maximum Special Tax for Undeveloped Property for such Fiscal Year determined pursuant to Section C;
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Step 4: If additional revenue is needed after applying the first three steps, the Special Tax shall be levied Proportionately on each Assessor' s Parcel of Excess Public Property, exclusive of property exempt from the Special Tax pursuant to Section F below, up to 100% of the Maximum Special Tax for Undeveloped Property for such Fiscal Year determined pursuant to Section C.
E. COLLECTION OF SPECIAL TAX
The Special Taxes for CFD No. 2016- 1 shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that prepayments are permitted as set forth in Section G below and provided further that the Autharity may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner, and may collect delinquent Special Taxes through foreclosure or other available methods.
The Special Tax shall be levied and collected until principal and interest on Bonds have been paid and Authorized Facilities have been completed. However, in no event shall a Special Tax be levied after Fiscal Year 2080- 81.
F. EXEMPTIONS
Norivithstanding any other provision of this Amended RMA, no Special Tax shall be levied on any Parcel of Public Property at CFD Formation, except as otherwise provided in the Act. A separate amount of public acreage may be exempted each time property annexes into the CFD, and such additional exemption shall only apply to property within the aiuiexation area. A Special Tax may be levied on Excess Public Property pursuant to Step 4 of Section D; however, a public agency may require that the special tax obligation on land conveyed to it that would be classified as Excess Public Property be prepaid pursuant to Section G below.
G. PREPAYMENT OF SPECIAL TAX
The following definitions apply to this Section G:
Final Bond Sale" means, at any point in time, the last series of Bonds issued by the CFD, which issuance uses up virtually all of the remaining capacity available from the Maximum Special Tax revenues that can be generated within the CFD, as determined by the Authority. If additional Bonds are expected to be issued after outstanding Bonds retire, the " Final Bond Sale" may not be the last series of Bonds ever issued by the CFD, but instead the last sale of Bonds that can be issued before some or all of the outstanding Bonds retire.
Outstanding Bonds" means all outstanding Bonds issued on behalf of the CFD prior to the date of prepayment, with the following exception: if a Special Tax has been levied against, or already paid by, an Assessor' s Parcel making a prepayment, and a portion of the Special Tax will be used to pay a portion of the next principal payment on the Bonds that remain outstanding ( as determined by the Administrator), that next principal payment shall be subtracted from the total Bond principal that remains outstanding, and B- 7
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the difference shall be used as the amount of Outstanding Bonds for purposes of this prepayment formula.
The Special Tax obligation applicable to an Assessor' s Parcel in the CFD may be prepaid and the obligation of the Assessor' s Parcel to pay the Special Tax permanently satisfied as described herein, provided that a prepayment may be made only if there are no delinquent Special Taxes with respect to such Assessor' s Parcel at the time of prepayment. An owner of an Assessor' s Parcel intending to prepay the Special Tax obligation shall provide the Authority with written notice of intent to prepay. Within 30 days of receipt of such written notice, the Authority or its designee shall notify such owner of the prepayment amount for such Assessor' s Parcel.
1. Full Prepayment Prior to Final Bond Sale
As of the proposed date of prepayment, the Prepayment Amount shall be determined by application of the following steps:
Step 1. Compute the total Maximum Special Tax that could be collected from the Assessor' s Parcel prepaying the Special Tax in the Fiscal Year in which prepayment would be received by the Authority.
Step 2. Estimate the bonding capacity based on the Maximum Special Tax determined in Step 1 and an assumed bond term of 30 years using, as the interest rate for the bonding capacity calculation, the greater of ( i) the current interest rate as determined by the Administrator based on discussions with industry professionals or (ii) the average true interest cost( TIC) on the Outstanding Bonds as identified by the Administrator. Notwithstanding the foregoing, if at any point in time the Administrator determines that the Maximum Special Tax revenue that could be collected from Taxable Property after the proposed prepayment is less than 110% of debt service on Bonds that will remain outstanding after defeasance or redemption of Bonds from proceeds of the estimated prepayment, the amount of the prepayment shall be increased until the amount of Bonds defeased or redeemed is sufficient to reduce remaining annual debt service to a point at which 110% debt service coverage is realized.
Step 3. Determine the costs of computing the prepayment amount and the costs of recording any notices to evidence the prepayment (the " Administrative Fees and Expenses").
Step 4. The Special Tax prepayment is equal to the sum of the amounts computed pursuant to Steps 2 and 3 ( the " Prepayment Amount").
2. Full PrepaymentAfterFinal Bond Sale
Prepayment must be made not less than 75 days prior to any redemption date for Bonds to be redeemed with the proceeds of such prepaid Special Taxes. The Prepayment Amount shall be calculated as follows: ( capitalized terms as defined below):
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Bond Redemption Amount
plus Redemption Premium
plus Defeasance Requirement
plus Administrative Fees and Expenses
less Reserve Fund Credit
equals Prepayment Amount
As of the proposed date of prepayment, the Prepayment Amount shall be determined by application of the following steps:
Step 1. Compute the total Maximum Special Tax that could be collected from the Assessor' s Parcel prepaying the Special Tax in the Fiscal Year in which prepayment would be received by the Authority.
Step 2. Divide the Maximum Special Tax from Step 1 by the Maximum Special Tax revenues that could be collected in that Fiscal Year.
Step 3. Multiply the quotient computed pursuant to Step 2 by the Outstanding Bonds to compute the amount of Outstanding Bonds to be retired and prepaid ( tlie " Bond Redemption Aniount").
Step 4. Multiply the Bond Redemption Amount computed pursuant to Step 3 by the applicable redemption premium, if any, on the Outstanding Bonds to be redeemed tl2e " Redemption Premium").
Step 5. Compute the amount needed to pay interest on the Bond Redemption Amount starting with the first Bond interest payment date after which the prepayment has been received until the earliest redemption date for the Outstanding Bonds.
However, if Bonds are callable at the first interest payment date after the prepayment has been received, Steps 5, 6 and 7 of this prepayment formula will not apply.
Step 6. Compute the amount of interest the Authority reasonably expects to derive from reinvestment of the Bond Redemption Amount plus the Redemption Premium from the first Bond interest payment date after which the prepayment has been received until fl1e redemption date for the Outstanding Bonds.
Step 7. Take the amount computed pursuant to Step 5 and subtract the amount computed pursuant to Step 6 ( the " Defeasance Requirement").
Step 8. Determine the costs of computing the prepayment amount, the costs of redeeming Bonds, and the costs of recording any notices to evidence the prepayment and the redemption( the " Administrative Fees and Expenses").
Step 9. If and to the extent so provided in the indenture pursuant to which the Outstanding Bonds to be redeemed were issued, a reserve fund credit shall be B- 9
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calculated as a reduction in the applicable reserve fund for the Outstanding Bonds to be redeemed pursuant to the prepayment( the' Reserve Fund Credit").
Step 10. The Special Tax prepayment is equal to the sum of the amounts computed pursuant to Steps 3, 4, 7, and 8, less the amount computed pursuant to Step 9 ( the Prepayment Amount'.
3. Partial Prepayments
A partial prepayment may be made in an amount equal to any percentage of full prepayment desired by the party making a partial prepayment, except that the full amount of administrative fees and expenses determined in Step 3 of Section G.1 or Step 8 of Section G.2 shall be included in the partial prepayment. The Maximum Special Tax that can be levied on an Assessor' s Parcel after a partial prepayment is made is equal to the Maximum Special Tax that could have been levied prior to the prepayment, reduced by the percentage of a full prepayment( less the amount collected for administrative fees and expenses) that the partial prepayment ( less the amount collected for administrative fees and expenses) represents, all as determined by or at the direction of the Administrator.
H. INTERPRETATION OF SPECIAL TAX FORMULA
The Authority reserves the right to make minor administrative and technical changes to this document that do not materially affect the rate and method of apportioning Special Taxes. In addition, the interpretation and application of any section of this document shall be left to the Authority' s discretion. Interpretations may be made by the Authority by ordinance or resolution for purposes of clarifying any vagueness or ambiguity in this Amended RMA.
I. APPEAL OF SPECIAL TAX LEVY
Any property owner claiming that the amount or application of the Special Tax is not correct may file a written notice of appeal with the Administrator not later than one calendar year after having paid the Special Tax that is disputed. The Administrator shall promptly review the appeal and, if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and decide the appeal. If the property owner disagrees with the Administrator' s decision relative to the appeal, the owner may then file a written appeal with the Board whose subsequent decision shall be binding. If the decision of the Administrator ( if the appeal is not filed with the Board) or the Board (if the appeal is filed with the Board) requires the Special Tax to be modified or changed in favor of the property owner, no cash refund shall be made for prior years' Special Tax levies, but an adjustment shall be made to the next Special Tax levy(ies). This procedure shall be exclusive and its exhaustion by any property owner shall be a condition precedent to filing any legal action by such owner.
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EXHIBIT 1
RIVER ISLANDS PUBLIC FINANCING AUTHORITY
COMMUNI' TY FACILITIES DISTRICT NO. 2016- 1
RIVER ISLANDS SUPPLEMENTAL)
CERTIFICATE OF MODIFICATION OF SPECIAL TAX
1. Pursuant to Section C.3 of the Amended Rate and Method of Apportionment of Special Tax ( the" Amended Rate and Method") for the River Islands Public Financing Authority Community Facilities District No. 2016- 1 ( River Islands Supplemental) (" CFD No. 2016- 1"), the Maximum Special Tax for a Parcel of Residential Property within CFD No. 2016- 1 has been modified as follows:
Maximum Special Tax
Assessor' s Parcel Number Fiscal Year 2016- 17*
XXX- XX- XXX per Unit
On Jul 1, 2017, rtnd on ench Jul 1 thereafter, the Maximum Special Taxes shozvn in the tnble above s11a11 be increased b an amount equal to tzuo percent( 2%) of the amount in effect for the prior Fiscal Year.
2. The Maximum Special Tax for Residential Property may only be modified prior to the First Transfer Date( i.e., the date of the first transfer of ownership to a private homeowner after a building permit for new construction was issued).
3. Upon execution of this Certificate by CFD No. 2016- 1, CFD No. 2016- 1 shall cause an amended notice of Special Tax lien for CFD No. 2016-1 to be recorded reflecting the modifications set forth herein.
The undersigned acknowledges receipt of this certificate and of the modification of the Maximum Special Tax as set forth in this Certificate. Capitalized undefined terms used herein have the meanings ascribed thereto in the Amended Rate and Method.
River Islands Public Financing Authority
Community Facilities District No. 2016- 1 ( River Islands Supplemental) By: Date:
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EXHIBIT C
RIVER ISLANDS PUBLIC FINANCING AUTHORITY
COMMUNIT' Y FACILITIES DISTRICT NO. 2016- 1
RIVER ISLANDS SUPPLEMENTAL)
MAXIMUM SPECIAL TAXES FOR ZONE 3 OF THE CFD
The table below identifies the Maximum Special Tax for Taxable Property within Tax Zone 3 and all Parcels that annex into Tax Zone 3.
TAX ZONE 3
MAXIMUM SPECIAL TAXES
Type of Propert Maxirracni Special Tax
Fiscal Year2016- 17*
Residential Property 5, 000 per Unit
Other Property 0 per Acre
Undeveloped Property 0 per Acre
On July 1, 2017, ancl on each Jul 1 thereafter, the Maximum Special Taxes shown in Table 1 above shaR be increasecl by an amount eqi al to two percent( 2%) of the amoicnt in effect for the prior Fiscal Year.
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EXHIBIT D
RIVER ISLANDS PUBLIC FINANCING AUTHORITY
COMMUNIT'Y FACILITIES DISTRICT NO. 2016- 1
RIVER ISLANDS SUPPLEMENTAL)
ANNEXATION N0. 11
ASSESSOR' S PARCEL NUMBER( S) AND OWNER( S) OF LAND WITHIN ANNEXATION N0. 11 TO RIVER ISLANDS PUBLIC FINANCING AUTHORITY COMMUNIT' Y FACILITIES DISTRICT NO. 2016- 1
RIVER ISLANDS SUPPLEMENTAL)
San Joaquin County
Name( s) of Property Owner( s) Assessor' s Parcel No.
River Islands Stage 2A, LLC 210- 570- 01
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550
CITY MANAGER' S REPORT ITEM 5. 1
APRIL 11, 2022 CITY COUNCIL REGULAR MEETING
ITEM: PUBLIC HEARINGS ( PUBLISHED NOTICES) TO
ADOPT AN URGENCY ORDINANCE AND CONSIDER A
REGULAR/ STANDARD ORDINANCE BY THE CITY
COUNCIL OF THE CITY OF LATHROP ACCEPTING
REQUIREMENTS OF THE PENAL CODE RELATING TO
THE RECRUITMENT AND TRAINING OF LAW
ENFORCEMENT OFFICERS
RECOMMENDATION: The Council to Consider the Following Items:
1. Hold a Public Hearing; and
2. Adopt Urgency Ordinance Amending Title 9
Public Peace and Welfare" of the Lathrop
Municipal Code by Adding New Chapter 9. 02
Titled Peace Officer Standards And Training" to
Accept Requirements of the Penal Code Relating
to the Recruitment and Training of Law
Enforcement Officers.
3. Hold a Public Hearing; and
4. First Reading and Introduction of an Ordinance
Amending Title 9 " Public Peace and Welfare" of
the Lathrop Municipal Code by Adding New
Chapter 9. 02 Titled Peace Officer Standards And
Training" to Accept Requirements of the Penal
Code Relating to the Recruitment and Training of
Law Enforcement Officers.
SUMMARY:
The Commission on Peace Officer Standards and Training ( POST) was established by the Legislature in 1959 to set minimum selection and training standards for California law enforcement. POST funding consists of the State General Fund and the State Penalty Fund, which received money from penalty assessments on criminal and trafFic fines. The POST Program is voluntary and incentive- based. Participating agencies agree to abide by the standards established by POST. More than 600 agencies participate in the POST Program and are eligible to receive the Commission' s services and benefits, which include:
job- related assessment tools
research improved officer selection standards
management counseling services
development of new training courses
reimbursement for training, and
quality leadership training programs
POST also awards professional certificates to recognize peace officer achievement and proficiency.
551
CITY MANAGER' S REPORT Page 2
APRIL 11, 2022 CITY COUNCIL REGULAR MEETING
PUBLIC HEARING TO CONSIDER URGENCY AND REGULAR ORDINANCE
ACCEPTING PEACE OFFICER STANDARDS AND TRAINING REQUIREMENTS The City of Lathrop Police Department will seek participation in the Commission on Peace Officer Standards and Training ( POST) Reimbursable Program for the Lathrop Peace Officers. In order to join, an Ordinance from the City of Lathrop will be required to declare the City' s intent to enter the POST Program.
Tonight, staff recommends that the City Council of the City of Lathrop hold a public hearing, and consider an Urgency Ordinance accepting the requirements of the POST Program, effective immediately through July 15, 2022. A minimum of four ( 4) affirmative votes of Council members are required to approve the proposed Urgency Ordinance.
Additionally, staff recommends that the City Council of the City of Lathrop hold a second public hearing, introduce, and conduct the first reading of an Ordinance accepting the requirements of the POST Program. Council is also asked to set the second reading and adoption of the Ordinance for the Regular Meeting of June 13, 2022. This ordinance will become effect on the 31St day after the second reading, specifically July 14, 2022. The adoption of the Urgency Ordinance would allow Officers to be enrolled into the POST Program until the regular Ordinance has taken effect.
BACKGROUND:
The City of Lathrop has contracted for police services with the San Joaquin County Sheriff' s Office ( S] CSO) since 1990. Most recently, Lathrop executed a five- year contract with the SJCSO on April 17, 2017 that expires on June 30, 2022. As part of a comprehensive and ongoing review of the delivery of services, and to remedy the systematic inability of the City to control the costs of public safety services provided through its existing contract with the SJCSO, the City began examining alternative service delivery models for police services.
At the March 22, 2021 Special City Council Meeting, Council approved Resolution 21- 4852 approving the creation of Capital Improvement Project GG 21- 11, to begin the creation of the new Lathrop Police Department, and implement the transition of law enforcement services from the San Joaquin County Sheriff to the City. The City anticipates that it will commence providing its own law enforcement services on July 1, 2022.
At the November 8, 2021 Regular City Council Meeting, Council approved Resolution 21- 4989 authorizing the establishment of the Lathrop Police Department effective anuary 1, 2022, in accordance with all requirements necessary for certification as a Member Agency with the California Commission on Peace Officer Standards and Training. Provided, however, that the San Joaquin County Sheriff's Office shall remain the provider of law enforcement services to the City of Lathrop through June 30, 2022, with the Lathrop Police Department established for purposes of set- up and preparation to begin providing law enforcement services to the City of Lathrop commencing on July 1, 2022. Furthermore, the City Council directed that all duly appointed sworn peace officers of the Lathrop Police Department be granted peace officer authority as outlined in California Penal Code Section 830. 1. 552
CITY MANAGER' S REPORT Page 3
APRIL 11, 2022 CITY COUNCIL REGULAR MEETING
PUBLIC HEARING TO CONSIDER URGENCY AND REGULAR ORDINANCE
ACCEPTING PEACE OFFICER STANDARDS AND TRAINING REQUIREMENTS In order to seek and qualify to receive aid from the State of California under the provisions of Section 13522, Chapter 1 of Title 4, Part 4 of the California Penal Code, the City Council of the City of Lathrop must adopt an Ordinance accepting the requirements of the Penal Code relating to the recruitment and training of Law Enforcement Officers.
Tonight, staff recommends that the City Council of the City of Lathrop hold a public hearing and adopt an Urgency Ordinance accepting the requirements of the POST Program, effective immediately through July 15, 2022.
Additionally, staff recommends that the City Council of the City of Lathrop hold a second public hearing, introduce, conduct the first reading of an Ordinance accepting the requirements of the POST Program, and set the second reading for the Regular Meeting of June 13, 2022. If adopted by Council at its regular meeting of ] une 13, 2022, the regular ordinance will become effect on the 31St day after the second reading, specifically July 14, 2022.
REASON FOR RECOMMENDATION:
In order to join the POST Program, a codified Ordinance from the City of Lathrop will be required to declare the City' s intent to enter the POST program and acceptance of its requirements. The adoption of the Urgency Ordinance would allow Officers to be enrolled into the POST Program until the regular Ordinance has taken effect.
FISCAL IMPACT:
None.
ATTACH M ENTS:
A. Urgency Ordinance Approving an Amendment to Title 9 " Public Peace and Welfare" of the Lathrop Municipal Code by Adding New Chapter 9. 02 Titled Peace Officer Standards And Training" to Accept Requirements of the Penal Code Relating to the Recruitment and Training of Law Enforcement Officers, effective immediately through July 15, 2022.
B. Ordinance Approving an Amendment to Title 9 " Public Peace and Welfare" of the Lathrop Municipal Code by Adding New Chapter 9. 02 Titled Peace Officer Standards And Training" to Accept Requirements of the Penal Code Relating to the Recruitment and Training of Law Enforcement Officers, efFective on the 31 day after the second reading, on July 14, 2022. 553
CITY MANAGER' S REPORT Page 4
APRIL 11, 2022 CITY COUNCIL REGULAR MEETING
PUBLIC HEARING TO CONSIDER URGENCY AND REGULAR ORDINANCE
ACCEPTING PEACE OFFICER STANDARDS AND TRAINING REQUIREMENTS APPROVALS:
er sa Vargas Da e
Government Services Director
City Clerk
3 a o aen Sea Date
Police Commander
30 - 2v
Raymond Bechler Date
Chief of Police
Zy ` zz
Salvador Navarrete Date
City Attorney
3t • Z
S en J. Salvatore Date
City Manager
554
ATTACHMEN ._ T
URGENCY ORDINANCE NO. 22-
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LATHROP AMENDING TITLE 9 PUBLIC PEACE AND WELFARE" OF THE LATHROP MUNICIPAL CODE BY ADDING NEW CHAPTER 9. 02 TITLED " PEACE OFFICER STANDARDS AND TRAINING" TO ACCEPT REQUIREMENTS OF THE PENAL
CODE RELATING TO THE RECRUITMENT AND TRAINING OF LAW
ENFORCEMENT OFFICERS
WHEREAS, Government Code section 65858 allows a city to adopt an interim ordinance as an urgency measure to prevent a current and immediate threat to the public health, safety or welfare; and
WHEREAS, the City of Lathrop has contracted for police services with the San Joaquin County Sheriff' s Office ( SJCSO) since 1990. Most recently, Lathrop executed a five- year contract with the SJCSO on April 17, 2017 that expires on June 30, 2022; and
WHEREAS, as part of a comprehensive and ongoing review of the delivery of services, and to remedy the systematic inability of the City to control the costs of public safety services provided through its existing contract with the SJCSO, the City began examining alternative service delivery models for police services; and WHEREAS, on March 22, 2021, the City Council adopted Resolution 21- 4852 approving the creation of Capital Improvement Project GG 21- 11, to begin the creation of the new Lathrop Police Department, and implement the transition of law enforcement services from the San Joaquin County Sheriff to the City; and WHEREAS, it is anticipated that the City will commence providing its own law enforcement services on July 1, 2022; and
WHEREAS, on November 8, 2021, the City Council adopted Resolution 21- 4989 authorizing the establishment of the Lathrop Police Department in accordance with all requirements necessary for certification as a Member Agency with the California Commission on Peace Officer Standards and Training and directed that all duly appointed sworn peace officers of the Lathrop Police Department be granted peace officer authority as outline in California Penal Code Section 830. 1; and WHEREAS, in order to seek and qualify to receive aid from the State of California under the provisions of Section 13522, Chapter 1 of Title 4, Part 4 of the California Penal Code, the City Council of the City of Lathrop must adopt this Urgency Ordinance accepting the requirements of the Penal Code relating to the recruitment and training of Law Enforcement Officers; and
WHEREAS, the adoption of the Urgency Ordinance would allow Officers to be enrolled into the POST Program until the regular Ordinance has taken efFect; and Urgency Ordinance No. 22-
555
WHEREAS, the City Council conducted a duly noticed public hearing and following the hearing of this urgency ordinance will act upon the non- urgency ordinance accepting the requirements of the Penal Code relating to the recruitment and training of Law Enforcement Officers; and
WHEREAS, the City Council finds that the current and immediate threat to the public health, safety, and welfare exists as described in the findings above, and finds that an urgency ordinance is needed to provide sufficient time for the time for the regular Ordinance to be heard and acted upon by the City Council; and WHEREAS, the City Council has duly considered all written and verbal testimony presented during this April 11, 2022 public hearing.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lathrop does hereby ordain as follows:
Section 1.
CHAPTER 9. 02 PEACE OFFICER STANDARDS AND TRAINING
9. 02.010 Qualification for Aid Desired.
The City of Lathrop declares that it desires to qualify to receive aid from the State of California under the provisions of Section 13522, Chapter 1 of Title 4, Part 4 of the California Penal Code.
9. 02. 020. Adherence to State Standards
Pursuant to Penal Code Section 13510, Chapter 1, of Title 4, Part 4 of the California Penal Code, the City of Lathrop will adhere to the standards for recruitment and training of peace officers established by the Commission on Peace OfFicer Standards and Training.
9. 02. 030. Commission Inquiries
Pursuant to Section 13512, Chapter 1 of Title 4, Part 4 of the California Penal Code, the Commission and its representatives may make such inquiries as deemed necessary to ascertain that the peace officer personnel of the City of Lathrop adhere to the standards for recruitment and training established by the California Commission on Peace Officer Standards and Training.
Section 2.
This Ordinance is not intended to and shall not be construed or given effect in a manner that imposes upon the City or any officer or employee thereof a mandatory duty of care toward persons and property within or without the city so as to provide a basis of civil liability for damages, except as otherwise imposed by law.
Urgency Ordinance No. 22-
556
Section 3. Severabilitv.
If any section, subsequent subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise invalid, such a decision shall not afFect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance irrespective of the unconstitutionality or invalidity of any section, subsection, subdivision, paragraph, sentence, clause or phrase.
Section 4. Effective Date.
This Ordinance shall become effective immediately upon passage and adoption if adopted by at least four- fifths ( 4/ 5) vote of the City Council and shall be in effect for a period of 95 days from the date of adoption unless sooner terminated or extended by the City Council.
Section 5. Publication.
The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen ( 15) days after its passage at least once in a newspaper of general circulation published and circulated in the City.
Urgency Ordinance No. 22-
557
THIS URGENCY ORDINANCE was regularly introduced, PASSED AND ADOPTED at the regular meeting of the City Council of the City of Lathrop on the 11t" day of April 2022, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney Urgency Ordinance No. 22-
558
ATTACHMENT
ORDINANCE NO. 22-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LATHROP AMENDING TITLE 9 PUBLIC PEACE AND WELFARE" OF THE LATHROP MUNICIPAL CODE BY ADDING NEW CHAPTER 9. 02 TITLED PEACE OFFICER STANDARDS AND TRAINING" TO ACCEPT REQUIREMENTS OF THE PENAL CODE RELATING TO
THE RECRUITMENT AND TRAINING OF LAW ENFORCEMENT OFFICERS WHEREAS, the City of Lathrop has contracted for police services with the San Joaquin County Sheriff' s Office ( SJCSO) since 1990. Most recently, Lathrop executed a five- year contract with the SJCSO on April 17, 2017 that expires on June 30, 2022; and
WHEREAS, as part of a comprehensive and ongoing review of the delivery of services, and to remedy the systematic inability of the City to control the costs of public safety services provided through its existing contract with the S) CSO, the City began examining alternative service delivery models for police services; and WHEREAS, on March 22, 2021, the City Council adopted Resolution 21- 4852 approving the creation of Capital Improvement Project GG 21- 11, to begin the creation of the new Lathrop Police Department, and implement the transition of law enforcement services from the San Joaquin County Sheriff to the City; and WHEREAS, it is anticipated that the City will commence providing its own law enforcement services on ) uly 1, 2022; and
WHEREAS, on November 8, 2021, the City Council adopted Resolution 21- 4989 authorizing the establishment of the Lathrop Police Department in accordance with all requirements necessary for certification as a Member Agency with the California Commission on Peace Officer Standards and Training and directed that all duly appointed sworn peace officers of the Lathrop Police Department be granted peace officer authority as outline in California Penal Code Section 830. 1; and WHEREAS, in order to seek and qualify to receive aid from the State of California under the provisions of Section 13522, Chapter 1 of Title 4, Part 4 of the California Penal Code, the City Council of the City of Lathrop must adopt this Ordinance accepting the requirements of the Penal Code relating to the recruitment and training of Law Enforcement Officers.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lathrop does hereby ordain as follows:
Section 1.
CHAPTER 9. 02 PEACE OFFICER STANDARDS AND TRAINING
9. 02. 010 Qualification for Aid Desired.
Ordinance No. 22-
559
The City of Lathrop declares that it desires to qualify to receive aid from the State of California under the provisions of Section 13522, Chapter 1 of Title 4, Part 4 of the California Penal Code.
9. 02. 020. Adherence to State Standards
Pursuant to Penal Code Section 13510, Chapter 1, of Title 4, Part 4 of the California Penal Code, the City of Lathrop will adhere to the standards for recruitment and training of peace ofFicers established by the Commission on Peace Officer Standards and Training.
9. 02. 030. Commission Inquiries
Pursuant to Section 13512, Chapter 1 of Title 4, Part 4 of the California Penal Code, the Commission and its representatives may make such inquiries as deemed necessary to ascertain that the peace officer personnel of the City of Lathrop adhere to the standards for recruitment and training established by the California Commission on Peace Officer Standards and Training.
Section 2.
This Ordinance is not intended to and shall not be construed or given effect in a manner that imposes upon the City or any officer or employee thereof a mandatory duty of care toward persons and property within or without the city so as to provide a basis of civil liability for damages, except as otherwise imposed by law.
Section 3. Severabilitv.
If any section, subsequent subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise invalid, such a decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance irrespective of the unconstitutionality or invalidity of any section, subsection, subdivision, paragraph, sentence, clause or phrase.
Section 4. Effective Date.
This Ordinance shall take legal effect 30 days from and after the date of its passage.
Section 5. Publication.
Within fifteen days of the adoption of this Ordinance, the City Clerk shall cause a copy of this Ordinance, to be published in full accordance with Section 36933 of the Government Code
Ordinance No. 22-
560
THIS ORDINANCE was regularly introduced at a regular meeting of the City Council of the City of Lathrop on the 11t" day of April 2022, and was PASSED AND ADOPTED at a regular meeting of the City Council of the City of Lathrop on the day of 2022, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney Ordinance No. 22-
561
562