Lathrop City Council
May 16, 2022

Copyright O 2013 by NBS Page 9 of 11 04/ 06/ 2022 10: 47: 12AM 954
City of Lathrop
L& LMD No. 93- 1 ( Woodfield Park Maintenance Zone)
Final Billing Detail Report for Fiscal Year 2022/ 23
APN Address Units Grand Total( 1)
196- 560- 070- 000 891 LONG BARN DR 1 123. 90
196-560- 080-000 900 LONG BARN DR 1 123. 90
196-560- 090-000 912 LON6 BARN DR 1 123. 90
196- 560- 100- 000 14823 HARBOR CT 1 123. 90
196-560- 110- 000 14825 HARBOR CT 1 123. 90
196-560- 120- 000 14836 HARBOR CT 1 123. 90
196-560- 130- 000 14824 HARBOR CT 1 123. 90
196-560- 140- 000 924 LONG BARN DR 1 123. 90
196- 560- 150- 000 936 LONG BARN DR 1 123. 90
196-560-160- 000 948 IONG BARN DR 1 123. 90
196- 560- 170- 000 960 LONG BARN DR 1 123. 90
196-560- 180-000 972 LONG BARN DR 1 123. 90
196-560- 190-000 984 LONG BARN DR 1 123. 90
196-570- 010-000 815 CLIFFORD DR 1 123. 90
196-570- 020-000 809 CLIFFORD DR 1 123. 90
196-570- 030-000 803 CLIFFORD DR 1 123. 90
196-570- 040-000 799 CLIFFORD DR 1 123. 90
196-570- 050-000 797 CLIFFORD DR 1 123. 90
196-570- 060-000 789 CLIFFORD DR 1 123. 90
196-570- 070-000 783 CLIFFORD DR 1 123. 90
196-570- 080-000 777 CIIffORD DR 1 123. 90
196-570- 090-000 773 CLIFFORD DR 1 123. 90
196- 570- 100- 000 767 CLIfFORO DR 1 123. 90
196-570- 110-000 14429 PINE VALLEY DR 1 123. 90
196- 570- 120-000 14431 PINE VALLEY DR 1 123. 90
196-570- 130-000 14435 PINE VALLEY DR 1 123. 90
196-570- 140-000 14439 PINE VALLEY DR 1 123. 90
196- 570- 150-000 14440 PINE VALLEY DR 1 123. 90
196- 570- 160- 000 14432 PINE VALLEY DR 1 123. 90
196- 570- 170- 000 14430 PINE VALLEY DR 1 123. 90
196- 570- 180- 000 770 CLIFFORD DR 1 123. 90
196- 570- 190-000 780 CLIFFORD DR 1 123. 90
196- 570- 200- 000 786 CLIFFORD DR 1 123. 90
196- 570- 210-000 794 CLIFFORD DR 1 123. 90
196- 570- 220- 000 800 CLIFFORD DR 1 123. 90
196- 570- 230- 000 806 CLIFFORD DR 1 123. 90
196- 570-240- 000 812 CLIFFORD DR 1 123. 90
196-570- 250- 000 818 CIIFFORD DR 1 123. 90
196- 570- 270- 000 824 CLIFFORD DR 1 123. 90
196-570- 280- 000 830 CLIFFORD DR 1 123. 90
196-570- 290-000 14463 SILVER CREEK DR 1 123. 90
Slight variances may occur due to rounding
1) Where applicable, the levy has been rounded down to an even cent for County tax roll purposes.

Copyright O 2013 by NBS Page 10 of 11 04/ 06/ 2022 10: 47: 12AM 955
City of Lathrop
L& LMD No. 93- 1 ( Woodfield Park Maintenance Zone)
Final Billing Detail Report for Fiscal Year 2022/ 23
APN Address Units Grand Total( 1)
196- 570- 300-000 14475 SILVER CREEK DR 1 123. 90
196- 570- 310- 000 14487 SILVER CREEK DR 1 123. 90
196- 570- 320- 000 14493 SILVER CREEK DR 1 123. 90
196-570- 330- 000 14490 SILVER CREEK DR 1 123. 90
196-570- 340-000 14484 SILVER CREEK DR 1 123. 90
196- 570- 350-000 14478 SILVER CREEK DR 1 123. 90
196- 570- 360- 000 14472 SILVER CREEK DR 1 123. 90
196-570- 370- 000 14466 SILVER CREEK DR 1 123. 90
196-570- 380- 000 14460 SILVER CREEK DR 1 123. 90
196-570- 390- 000 833 CLIFFORD DR 1 123. 90
196-570- 400-000 827 CIIFFORD DR 1 123. 90
196-570- 410- 000 821 CLIFFORD DR 1 123. 90
196-570- 420- 000 803 KILARNEY CT 1 123. 90
196-570- 430- 000 809 KILARNEY CT 1 123. 90
196-570- 440- 000 813 KILARNEY CT 1 123. 90
196-570- 450- 000 821 KILARNEY CT 1 123. 90
196-570- 460- 000 827 KILARNEY CT 1 123. 90
196-570- 470- 000 830 KILARNEY CT 1 123. 90
196- 570- 480- 000 824 KILARNEY CT 1 123. 90
196-570-490- 000 816 KILARNEY CT 1 123. 90
196- 570-500- 000 808 KILARNEV CT 1 123. 90
196- 570- 510- 000 800 KILARNEV CT 1 123. 90
196- 570-520-000 784 KILARNEY CT 1 123. 90
196- 570- 530-000 776 KILARNEY CT 1 123. 90
196-570- 540-000 768 KILARNEY CT 1 123. 90
196- 570- 550- 000 760 KILARNEY CT 1 123. 90
196- 570- 560- 000 752 KIIARNEY CT 1 123. 90
196- 570- 570- 000 744 KILARNEY CT 1 123. 90
196- 570- 580-000 741 KILARNEY CT 1 123. 90
196- 570-590- 000 749 KILARNEY CT 1 123. 90
196- 570- 600-000 757 KILARNEV CT 1 123. 90
196- 570- 610- 000 765 KILARNEY CT 1 123. 90
442 Accounts aaz Ssa, 763. 80
442 Total Accounts
aaz Ssa, 763. 80
Slight variances may occur due to rounding
1) Where applicable, the levy has been rounded down to an even cent for County tax roll purposes.

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ITEM: 4.24

CITY MANAGER' S REPORT
MAY 16, 2022 CITY COUNCIL SPECIAL MEETING
ITEM: APPROVAL OF FINAL MAP, COMMON USE
AGREEMENT, AND SUBDIVISION . IMPROVEMENT
AGREEMENT FOR 35 LOTS IN TRACT 4102 VILLAGE
MM2" WITHIN LAKESIDE WEST DISTRICT OF RIVER

ISLANDS
RECOMMENDATION: Adopt Resolution Approving Final Map for Tract 4102 Village MM2" within the Lakeside West District,
Totaling 35 Single Family Lots, Common Use
Agreement, and Subdivision Improvement
Agreement with River Islands Stage 2B, LLC
SUMMARY:

The proposed Final Map for Tract 4102 will be the second and final tract map within the Village ' MM" area. Tri- Pointe Homes is proposing thirty-five ( 35) 60' x 110' single- family lots. A Vicinity Map is included as Attachment B".

Staff recommends that the City Council approve the proposed Final Map Tract 4102, Village MM2", Common Use Agreement ( CUA) with Island Reclamation District No. 2062 for portions of Van Halen, Guilford, and Drummond Courts, and Subdivision Improvement Agreement with River Islands Stage 2B, LLC (" River Islands"), included as Attachment " C".

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. On December 2, 2020, the City of Lathrop Planning Commission approved a Neighborhood Design Plan ( NDP) and Architectural Guidelines and Design Standards ( AG/ DS) for the Lakeside West District, known as Stage 2B, within Phase 1 of the project. While the NDP contains conceptual guidance on parks within the Lakeside West District, a Master Parks Plan includes revisions to the parks and open spaces within the Stage 2B area and is pending Planning Commission action. The land for the proposed Final Map for Tract 4102 is within the geographic boundaries of VTM 3694 and Stage 2B.

As required by the City' s subdivision ordinance, all final maps must include a Subdivision Improvement Agreement ( SIA) to guarantee specific offsite and onsite improvements. The total cost of the improvements for Village " MM" is ($ 2, 147, 000), however, a large percentage of the improvements have already been constructed and therefore do not need to be guaranteed.
957
CITY MANAGER' S REPORT PAGE 2
MAY 16, 2022 CITY COUNCIL SPECIAL MEETING

APPROVAL OF FINAL MAP, COMMON USE AGREEMENT, AND SUBDIVISION IMPROVEMENT AGREEMENT FOR 35 LOTS IN TRACT 4102 VILLAGE MM2"

WITHIN LAKESIDE WEST DISTRICT OF RIVER ISLANDS
Performance and labor & material securities were provided with the SIA for Tract 4101 that guarantee the unfinished improvements for Village MM", including both Tract 4101 and 4102, in the amount of:

Unfinished Improvement Total: 454, 100 Bond
Number
Performance Bond 120% of Unfinished Improvements): $ 544, 920 0799651 Labor & Materials Bond 50% of Performance Bond : 272, 460 0799651 The SIA for Tract 4102 refers to the Agreement for Dedication, Inspection, and Guarantee of Streets and Public Improvements (" Off- site Agreement") that was approved by the City on September 30, 2013. Although the Off- site Agreement applies to Tract 4102, the Final Map will not trigger any additional offsite improvements or security.

Acceptance of the public improvements will be processed by staff at a later date and when the unfinished improvements are completed. Prior to acceptance, River Islands will be required to provide a one ( 1) year warranty bond.

Village ' MM" was annexed to four different Community Facilities Districts ( CFDs) for maintenance purposes with the approval of the Tract 4101 Final Map in 2021. The CFDs are for the City, Reclamation District No. 2062 ( RD 2062) and River Islands Public Financing Authority ( RIPFA) and CFD 2020- 1 RIPFA.

There is also a need for a CUA between the City and Reclamation District No. 2062 RD 2062) as portions of Van Halen, Guilford, and Drummond Courts share an area with the easements recorded in favor of RD 2062 for the levee system. The CUA, included in Attachment D", sets forth the terms and conditions to which RD 2062 can install, operate and maintain its facilities, which protects the City' s street and other utilities that are located in Van Halen, Guilford, and Drummond Courts.

River Islands must satisfy the Escrow Instructions, included as Attachment " D", to guarantee the payment of all fees and execution of the documents related to the SIA.

REASON FOR RECOMMENDATION:

River Islands has fulfilled all of the requirements of the City' s subdivision ordinance as listed below:

Documents Status

1. Final Map ready for signature Completed

2. Subdivision Improvement Agreement Completed

3. Performance Security - Uncompleted Landscaping and Provided with Miscellaneous Improvements Tract 4101
958
CITY MANAGER' S REPORT PAGE 3
MAY 16, 2022 CITY COUNCIL SPECIAL MEETING

APPROVAL OF FINAL MAP, COMMON USE AGREEMENT, AND SUBDIVISION IMPROVEMENT AGREEMENT FOR 35 LOTS IN TRACT 4102 VILLAGE MM2"

WITHIN LAKESIDE WEST DISTRICT OF RIVER ISLANDS

4. Labor and Materials Security - Uncompleted Landscaping Provided with and Miscellaneous Im rovements Tract 4101

5. Street Improvement, Landscape, Light & Joint Trench Completed

6. Geotechnical Report Completed

7. Agreement for Backbone Improvements and Parks
Agreement for Dedication, Inspection and Guarantee Completed of Streets and Public Im rovements

8. Approval of 3 d Amendment to Development
Agreement that guarantees creation of CFD for City
Maintenance and Shortfalls, and Guarantee of Completed
Developer CFDs for Developer/ other public agency
Maintenance

9. Allocation of Water and Sewer capacity Completed

10. Recommendation for approval from Stewart Tract
Completed
Desi n Review Committee

11. Submitted Certificate of Insurance, Tax Letter Completed

12. Submitted Preliminary Guarantee of Title Completed

13. Escrow Instructions Completed

14. Tract 4102 Village MM2" - City of Lathrop Community Annexed with Facilities District No. 2013- 1 ( River Islands Public Tract 4101 on Services and Facilities Annexation No. 22 8/ 9/ 2021

15. Common Use Agreement with Island Reclamation District Approval
No. 2062 pending with this
item
Fees Status

1. Final Map plan check fee Paid

2. Improvement Plans - Plan check and inspection fees Paid

3. Sierra Club Settlement fee
To be paid in
escrow
FISCAL IMPACT:

There is no fiscal impact to the City as all costs are covered by development fees and any shortfalls in the City' s maintenance and operating costs are covered by the CFDs. 959
CITY MANAGER' S REPORT PAGE 4
MAY 16, 2022 CITY COUNCIL SPECIAL MEETING

APPROVAL OF FINAL MAP, COMMON USE AGREEMENT, AND SUBDIVISION IMPROVEMENT AGREEMENT FOR 35 LOTS IN TRACT 4102 VILLAGE MM2"

WITHIN LAKESIDE WEST DISTRICT OF RIVER ISLANDS
ATTACHMENTS:

A. Resolution Approving Final Map for Tract 4102 Village MM2" within the Lakeside West District, Totaling 35 Single Family Lots, Common Use Agreement, and Subdivision Improvement Agreement with River Islands Stage 2B, LLC
B. Vicinity Map - Village MM2"
C. Subdivision Improvement Agreement between the City of Lathrop and River Islands Stage 2B, LLC, a Delaware limited liability company, for Tract 4102, Village " MM2"
D. Escrow Instructions for Final Map Tract 4102 Village MM2" o Common Use Agreement with Islands Reclamation District No. 2062 for a portion of Van Halen, Guilford, and Drummond Courts, and associated; Offer of Dedication of Public Utility Easement
E. Final Map - Tract 4102 Village MM2"
960
CITY MANAGER' S REPORT PAGE 5
MAY 16, 2022 CITY COUNCIL SPECIAL MEETING

APPROVAL OF FINAL MAP, COMMON USE AGREEMENT, AND SUBDIVISION IMPROVEMENT AGREEMENT FOR 35 LOTS IN TRACT 4102 VILLAGE MM2"

WITHIN LAKESIDE WEST DISTRICT OF RIVER ISLANDS

APPROVALS
y 2 2oz2_
Brad aylor Date
Land Development Manager
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Glenn Gebhardt Date
City Engineer
5-`{- ZoZ2
Michaei King Date
Public ork tor
D
Cari Jam Date
Finance D r ctor
s , z.2o Z. Z
Salvador Navarrete Date
City Attorney
r=-'— S' S•ZZ
Stephen J. Salvatore Date
City Manager
961
RESOLUTION NO. 22-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING FINAL MAP FOR TRACT 4102 VILLAGE MM2" WITHIN THE LAKESIDE WEST DISTRICT, TOTALING 35 SINGLE FAMILY LOTS, COMMON

USE AGREEMENT, AND SUBDIVISION IMPROVEMENT AGREEMENT WITH RIVER ISLANDS STAGE 2B, LLC
WHEREAS, the City of Lathrop City Counci) approved Vesting Tentative Map VTM) 3694 on March 27, 2007 and an amended VTM 3694 with updated conditions of approval on June 1, 2015; and
WHEREAS, on December 2, 2020, the City of Lathrop Planning Commission approved a Neighborhood Design Plan ( NDP) and Architectural Guidelines and Design Standards ( AG/ DS) for the Lakeside West District, known as Stage 2B, within Phase 1 of the project; and
WHEREAS, the land for the proposed Final Map for Tract 4102 is within the geographic boundaries of VTM 3694 and Stage 2B; and
WHEREAS, required by the City' s subdivision ordinance, all final maps must include a Subdivision Improvement Agreement ( SIA) to guarantee specific offsite and onsite improvements; and
WHEREAS, the guarantees for Tract 4102 were provided with the approved SIA for Tract 4101 executed with River Islands Stage 2B, LLC and therefore additional guarantee is not required to be provided with the SIA for Tract 4102. Tracts 4101 and 4102 are collectively known as Village " MM"; and
WHEREAS, performance and labor & material securities were provided with the SIA for Tract 4101 that guarantee the unfinished improvements for Village MM", including both Tract 4101 and 4102, in the amount as follows; and Unfinished Improvement Total: 454, 100 Bond
Number
Performance Bond 120% of Unfinished Im rovements : $ 544, 920 0799651 Labor & Materials Bond ( 50% of Performance Bond): 272, 460 0799651 WHEREAS, acceptance of the public improvements will be processed by staff at a later date and when the unfinished improvements are completed. Prior to acceptance, River Islands will be required to provide a one ( 1) year warranty bond; and
WHEREAS, there is a need for a Common Use Agreement ( CUA) between the City and Reclamation District No. 2062 ( RD 2062) as a portions of Halen, Guilford, and Drummond Courts share an area with the easements recorded in favor of RD 2062 for the levee system included in Attachment D" of the City Manager' s Report; and
962
WHEREAS, Village " MM" was annexed to four different Community Facilities Districts ( CFDs) for maintenance purposes with the approval of the Tract 4101 Final Map in 2021; and
WHEREAS, River Islands Stage 2B must satisfy the Escrow Instructions, included as Attachment " D" to the City Manager's Report, to guarantee the payment of all fees and execution of the documents related to the SIA.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lathrop that approves and accepts the following actions:

1. The Final Map for Tract 4102 and is hereby approved as submitted for recordation with the San Joaquin County Assessor/ Recorder/ County Clerk Office. The recorded executed copy will be filed with the City Clerk.

2. The City Manager, or their designee, is authorized to execute a Subdivision Improvement Agreement with River Islands Stage 2B, LLC, in substantially the form as attached to the May 16, 2022 staff report, the file executed copy will be filed with the City Clerk.

3. The City Manager, or their designee, is authorized to execute the escrow instructions, a Common Use Agreement with Reclamation District 2062, and Acceptance of Offer of Dedication for Public Utility Easements with River Islands Stage 2B, LLC, in substantially the form as attached to Attachment D of the City Manager' s Report, and is hereby approved as submitted as part of the public record with the San Joaquin County Assessor/ Recorder/ County Clerk Office. The recorded executed copies will be filed with the City Clerk. 963
PASSED AND ADOPTED by the City Council of the City of Lathrop this 16tn day of May 2022 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS T FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 964

ATTACHMENT B
TRACT 4102
i'
l

VILLAGE LL
I 1
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I

VILLAGE MM
cK
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LAKE 13 ;
TRACT 4101
TRACT 4102
VILLAGE NN- 1 VILLAGE NN- 2
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LAGE EE- 2 VILLAGE MM - TRACT 4102

VICINITY MAP
I 1 MAY 2022
965

ATTACHMENT C

SUBDIVISION IMPROVEMENT AGREEMENT

BY AND BETWEEN THE CITY OF LATHROP AND
RIVER ISLANDS STAGE 2B, LLC, A DELAWARE LIMITED LIABILITY COMPANY FOR TRACT 4102 VILLAGE " MM2" 35 RESIDENTIAL LOTS

RECITALS
A. This Agreement is made and entered into this 16th day of May 2022, by and between the CITY OF LATHROP, a municipal corporation of the State of California ( hereinafter " CITY") and River Islands Stage 2B, LLC, a Delaware limited liability company, ( hereinafter SUBDIVIDER").

B. Pursuant to Division 2 of Title 7 of the Government Code of the State of California and the CTTY' s Subdivision Regulations ( City of Lathrop, Code of Ordinances, Chapter 16), SUBDIVIDER is required to make dedications and improve Tract 4102. However, SUBDIVIDER has completed a significant portion of public infrastructure improvements associated with Tract 4102 ( Village " MM2") located within the Lakeside West District of River Islands Phase 1, which also includes major streets necessary to access the site. Performance and Labor & Material securities have been provided with the SIA for Tract 4101 that guarantee the unfinished improvements for Village " MM", which includes Tract 4102, in the amount shown in Section 8, and therefore no additional security is needed for Tract 4102.

C. SUBDIVIDER has completed a portion of the joint trench improvements for Tract 4102 and as noted in Recital B, security shall be required for the unfinished portion of these improvements, along with other required infrastructure associated with Tract 4102 and Village MM" overalL Improvement plans, and street light plans prepared by Power Systems Design, Inc. have already been approved by the City. The street, sidewalk, underground utility, storm drainage, streetlight and joint trench improvements ( hereinafter " Improvements") are substantially completed and minor improvements not yet constructed as part of the required infrastructure for Tract 4102 are required security as outlined in this Agreement is required.

NOW THEREFORE in consideration of CITY' S pending approval and acceptance of the Improvements upon their satisfactory completion, and in consideration of SUBDNIDER' S construction of Improvements in strict accardance with the terms of this Agreement, all applicable laws, statutes, ordinances, rules and regulations currently in force and effect in CTTY, the terms and conditions of which are incorporated herein by this reference, the parties hereto mutually covenant and agree as follows:
966
Subdivision Improvement Agreement( River Islands Stage 2B, LLC) Tract 4102 Village " MM2"

1. SUBDIVIDER shall complete construction of, or cause construction to be completed at its sole cost and expense, the Improvements for all of the lots within the Lakeside West neighborhood, to the limits identified in Exhibit" A", including the public landscaping, streetlight and joint trench improvements. A Vicinity Map is included as Exhibit "B".

All improvements shall be constructed to the satisfaction and approval of the City Engineer, in a good and workmanlike manner in accordance with the above referenced improvement plans and specifications, the improvement standards and specifications of the CTTY' S Department of Public Works, the applicable Ordinances of the City of Lathrop and the California Subdivision Map Act.

2. SUBDIVIDER shall complete the Improvements, including all deferred and unfinished improvements, prior to occupancy of the last home constructed in Tract 4102 that is conveyed to a private interest not associated with the transfer of title of Tract 4102 associated with the filing of Tract 4102 ( homebuilder), prior to the completion and occupancy of the last production dwelling unit associated with Tract 4102, or May 16, 2023, whichever comes first. Such occupancy shall be documented by CITY in the form of a Certificate of Occupancy or Final Building Permit.

3. CTTY, or its agent( s), shall, at any time during the progress of the Improvements, have free access thereto, and shall be allowed to examine the same and all material to be used therein. If the Improvements or any part thereof are not completed in strict compliance with the standards set forth in Paragraph 1 above, CITY may refuse to accept and may reject the defective Improvements and/ or materials therein.

4. SUBDIVIDER shall secure the services of skilled personnel necessary to construct the Improvements. CTTY is not skilled in these matters and relies upon the skill of the SUBDNIDER to ensure that the construction of the Improvements is in the most skillful and durable manner.

5. CITY' S acceptance of the Improvements does not operate as a release of SUBDIVIDER from any guarantee hereunder.

6. SUBDIVIDER guarantees and warrants that the Improvements shall be constructed in compliance with the standards set forth in Paragraph 1 above, free from any defects in work or labor done, and from any defects in materials furnished. Further, SUBDIVIDER shall repair and maintain the Improvements in good condition and in accordance with CITY specifications for one 1) year after CITY' S acceptance of the Improvements. As required by this Agreement, prior to acceptance of the Improvements, SUBDIVIDER shall deposit with the City Engineer a Warranty Bond in the amount of$ 214,700, equal to 10°Io of the estimated cost of the Improvements for the Village " MM" entire area ($ 2, 147, 00) as included in the Engineer' s estimate attached to this Agreement as Exhibit " D", to insure SUBDIVIDER' S repair and warranty of the Improvements in accordance with the terms of this Agreement. The WarrantyBond shall be released at the end of the one year guarantee period, provided there are no claims against it are then outstanding.

7. If SUBDIVIDER, in whole or in part, abandons the Improvements, or unnecessarily or unreasonably delays construction of the Improvements, fails to complete construction of the Improvements within the time specified in this Agreement, or fails to repair, replace or reconstruct any defects, as set forth in Paragraph 6 above, CITY may, but is not required to, proceed to complete andlor repair, replace, or reconstruct the Improvements, either by itself or by contract for 967
Subdivision Improvement Agreement( River Islands Stage 2B, LLC) Tract 4102 Village " MM2"
such service, and CITY may cause to be forfeited such portion of any security deposited therein as is necessary to cover the costs of completion, repair, replacement, or reconstruction incurred by CITY.

Once action is taken by CITY to complete, repair, replace and/ or reconstruct the Improvements, SUBDIVIDER shall be responsible for all costs incurred by CITY, even if SUBDIVIDER subsequently completes the wark.

The CITY shall have recourse against SUBDIVIDER for any and all amounts necessary to complete the obligations of SUBDIVIDER in the event the security (including but not limited to any Letter of Guarantee, Certificate of Deposit, cash, bond for performance, labor and materials and repair and maintenance, letter of credit or cash deposit) therefore is insufficient to pay such amounts. All administrative costs, including reasonable attorney' s fees pursuant to Government Code Section 66499. 4, incurred by the CTTY, in addition to the costs of the improvements shall be a proper charge against the security and SUBDIVIDER. In the event it becomes necessary for CITY to bring an action to compel performance of this Agreement or to recover costs of completing such improvements, SUBDIVIDER shall pay reasonable attorney' s fees, costs of suit and all other expenses of litigation incurred by CITY in connection therewith.

8. Because the Improvements are not entirely complete, the SUBDIVIDER is required to only post Performance or Labor & Materials bonds to guarantee the unfinished improvements associated with Tract 4102 as included and described in Exhibit " D" of this Agreement.

Performance and Labor& Material securities have been provided with the SIA for Tract 4101 that guarantee the unfinished improvements for Village " MM", which includes Tract 4102, in the amount shown in Table 1 below and therefore no additional security is needed for Tract 4102.

SUBDIVIDER shall also comply with CITY' S insurance requirements set forth on Exhibit " C" attached hereto and incorporated herein.

Table 1 — Bond Values
Unfinished Im rovement Total: 454, 100
Performance Bond ( Bond No. 0799651): 544, 920
Labor & Materials Bond ( Bond No. 0799651) 272, 460

9. Any alteration( s) made to the plans and specifications, which are a part of this Agreement, ar any provision of this Agreement shall not operate to release any surety or sureties from liability on any bond or bonds attached hereto and made a part thereof. The above referenced sureties hereby consent to such alterations and waive the provisions of California Civil Code Section 2819.

10. Neither the CITY nor any of its officers, employees or agents shall be liable to SUBDIVIDER, and/ or SUBDIVIDER' S agents, contractors or subcontractors for any error or omission arising out of or in connection with any work to be performed under this Agreement.

11. Neither the CTTY nor any of its officers, employees, or agents, shall be liable to the SUBDIVIDER or to any person, entity, or organization, for any injury or damage that may result to any person or property by or from any cause in, on, or about the subdivision of all or any part of the land covered by this Agreement.
968
Subdivision Improvement Agreement( River Islands Stage 2B, LLC) Tract 4102 Village " MM2"

12. SUBDIVIDER hereby agrees to, and shall hold CITY, its elective and appointive boards, commissions, officers, agents and employees ( collectively, " Indemnitees"), harmless from any liability for damage or claims which may arise from SUBDNIDER and/ or SUBDIVIDER' S contractors, subcontractors, agents, or employees' operations under this Agreement, whether such operations be by SUBDIVIDER or by any SUBDIVIDER contractors, subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for, SUBDIVIDER or any of SUBDNIDER' S contractors or subcontractors. SUBDIVIDER shall, at its own cost and expense, defend any and all actions, suits, or legal proceedings or any type that may be brought or instituted against CITY and indemnities on any claim ar demand, of any nature whatsoever, and pay or satisfy any judgment that may be rendered against CITY and the Indemnitees in any such action, suit or legal proceedings, resulting from or alleged to have resulted from SUBDIVIDER' S performance or non- performance of his duties and obligations under this Agreement, or from the negligent act or omission of himself, his agents, contractors, representatives, servants or employees. The promises and Agreement to indemnify and hold harmless set forth in this section is not conditioned or dependent on whether or not any indemnity has prepared, supplied or approved any plan or specification in connection with this work or subdivision, whether or not any such indemnity has insurance or indemnification covering any of these matters. CITY does not, and shall not; waive any rights against SUBDIVIDER which it may have by reason of the aforesaid hold harmless agreement, because of the acceptance by CITY of any deposit with CITY by SUBDIVIDER. The aforesaid hold harmless agreement by SUBDIVIDER shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations referred to in this paragraph, regardless of whether or not CITY has prepared, supplied or approved of, plans and/ or specifications for the subdivision.

13. Neither SUBDIVIDER nor any of SUBDIVIDER' S agents, contractors or subcontractors are, or shall be, considered to be agents of CITY in connection with the performance of SUBDIVIDER' S obligations under this Agreement.

14. Priar to acceptance of the Improvements by the City Council, the SUBDIVIDER shall be solely responsible for maintaining the qualiry of the Improvements, and maintaining safery at the project site. The SUBDIVIDER' S obligation to provide the Improvements shall not be satisfied until after the City Engineer has made a written determination that all obligations of the Agreement have been satisfied and all outstanding fees and charges have been paid, and the City Council has accepted the Improvements as complete. The CITY and SUBDIVIDER have formed Community Facilities Districts to finance maintenance and improvements. The CTTY expects to preserve the ability to use future special taxes of the CFD for payment of the cost of acquisition of the Improvements, which may require that acceptance of improvements by CITY be subject to the provisions of an acquisition agreement to be entered into by the CITY and SUBDIVIDER providing that CITY expects to be paid or reimbursed acquisition costs through future CFD special taxes. SUBDIVIDER shall cooperate to facilitate such method of acquisition.

15. SUBDIVIDER shall pay service fees for the utiliry services from the time the Improvements are accepted by the CITY to the end of the fiscal year, or up to a one( 1) year period, whichever is needed to ensure an opportunity for the Improvements to be included in the next fiscal year annual assessment.
969
Subdivision Improvement Agreement ( River Islands Stage 2B, LLC) Tract 4102 Village " MM2"

16. SUBDIVIDER shall be responsible to sweep streets within the subdivision every two weeks as directed by the City Engineer, on all streets where lots are occupied and all streets providing access to occupied lots until the Improvements are accepted by the CITY.

17. SUBDIVIDER shall not assign this Agreement without the prior written consent of CITY.

If such consent is given, the terms of this Agreement shall apply to and bind the heirs, successors, executors, administrators and assignees of SUBDIVIDER, and any heirs, successors, executors, administrators and assignees of the SUBDIVIDER and shall be jointly and severally liable hereunder.

18. The SUBDIVIDER shall, at the SUBDIVIDER' S expense, obtain and maintain all necessary permits and licenses for construction of the Improvements. Prior to the commencement of Improvement construction, the SUBDIVIDER shall obtain a City of Lathrop Business License.

The SUBDIVIDER shall comply with all local, state and federal laws, whether or not said laws are expressly stated in this Agreement,

19. This Agreement and any amendments hereto comprise the entire understanding and agreement between the parties regarding the improvements to be constructed and dedications for Tract 4102.

20. The following miscellaneous provisions are applicable to this Agreement:
a. Controlling Law. The parties agree that this Agreement shall be governed and construed by and in accordance with the laws of the State of California. b. Definitions. The definitions and terms are as defined in this Agreement. c. Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Agreement, which directly results from an Act of God or an act of a superior governmental authority.
d. Headings. The paragraph headings are not a part of this Agreement and shall have no effect upon the construction ar interpretation of any part of this Agreement. e. Incorporation of Documents. All documents referred to herein and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated herein and shall be deemed to be part of this Agreement. f. Modification of Agreement. This Agreement shall not be modified or be binding upon the parties unless such modification is agreed to in writing and signed by the parties. g. Severability. If a court of competent jurisdiction finds ar rules that any provision of this Agreement is void or unenforceable, the provisions of this Agreement not so affected shall remain in full force and effect.
970
Subdivision Improvement Agreement( River Islands Stage 2B, LLC) Tract 4102 Village " MM2"
h. Successors and Assigns. Except as otherwise expressly provided herein, the provisions of this Agreement shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties.
i. Time of the Essence. Time is of the essence of this Agreement 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. j. Venue. In the event either party brings that suit 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.

ATTACHMENTS:

EXHIBIT A FINAL MAP - TRACT 4102
EXHIBIT B TRACT 4102 AND VILLAGE " MM2" AREA
EXHIBIT C: CITY INSURANCE REQUIREMENTS
EXHIBIT D: UNFINISHED IMPROVEMENT COST ESTIMATE AND VILLAGE " MM"

IMPROVEMENTS COST ESTIMATE
EXHIBIT E: UTILITY CAPACITY GUARANTEES
971
Subdivision Improvement Agreement( River Islands Stage 2B, LLC) Tract 4102 Village " MM2"
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 16th day of May 2022, at Lathrop, California.

ATTEST: TERESA VARGAS CITY OF LATHROP, a
City Clerk of and for the City municipal corporation of the of Lathrop, State of California State of California
BY: BY:

Teresa Vargas Date Stephen J. Salvatore Date
City Clerk City Manager

APPROVED AS TO FOR BY THE CITY OF LATHROP CITY ATTORNEY BY: s Z- ZZ
Salvador Navarrete Date
City Attorney
972
Subdivision Improvement Agreement( River Islands Stage 2B, LLC) Tract 4102 Village " MM2"

SUBDIVIDER
River Islands Stage 2B, LLC,
a Delaware limited liability company
BY:

Susan Dell' Osso
President
973
Subdivision Improvement Agreement ( River Islands Stage 2B, LLC) Tract 4102 Village " MM2"
EXHIBIT " A"
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Subdivision Improvement Agreement ( River Islands Stage 2B, LLC) Tract 4102 Village " MM2"
EXHIBIT " B"
TRACT 4102 VILLAGE " MM2" AREA
984
TRACT 4102
y

VILLAGE LL
1 1 I I
II1 I

VILLAGE MM
K
LAKE 13
TRACT 4101
TRACT 4102
VILLAGE NN- 1 VILLAGE NN- 2
I
I
1 EXHIBIT " B"
LAGE EE- 2 VILLAGE MM - TRACT 4102

VICINITY MAP
MAY2022
985
Subdivision Improvement Agreement( River Islands Stage 2B, LLC) Tract 4102 Village " MM2"
EXHIBIT " C"

CITY INSURANCE REQUIREMENTS

1. The Subdivider shall obtain commercial general liability insurance companies licensed to do business in the State of California with an A.M. Best Company rating Insurance rating of no less than A: VII which provides coverage for bodily injury, personal injury and property damage liability in the amount of at least$ 1, 000,000 for each occurrence and $ 2,000,000 in the aggregate.

Said insurance coverage shall be evidenced by a certificate of insurance with policy endorsements, executed by an authorized official of the insurer( s). All parties to the Subdivision Improvement Agreement must be named insured on the policy. The policy endorsements to be attached to the certificate must provide all the following:
a. Name the City of Lathrop, its officers, City Council, boards and commissions, and members thereof, its employees and agents as additional insured as respects to any liability arising out of the activities of the named insured. A CG 2010 or CG 2026 endorsement form or the equivalent is the appropriate form.
b. State that " the insurance coverage afforded by this policy shall be primary insurance as respects to the City of Lathrop, its officers, employees and agents. Any insurance or self-insurance maintained by the City of Lathrop, its officers, employees, or agents shall be in excess of the insurance afforded to the named insured by this policy and shall not contribute to any loss.
c. Include a statement that, " the insurer will provide to the Ciry at least thirty ( 30) days prior notice of cancellation or material change in coverage." The above language can be included on the additional insured endorsement form or on a separate endorsement form. d. The policy must contain a cross liability or severability of interest clause. e. Insurance mtist be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially available at reasonable rates.
986
Subdivision Improvement Agreement( River Islands Stage 2B, LLC) Tract 4102 Village " MM2"
EXHIBIT " D"

UNFINISHED IMPROVEMENT COST ESTIMATE
AND VILLAGE " MM" —FULL IMPROVEMENT COST
987
E N G 1 N E£ R 1 N G
DRAFT ENGINEER'S OPINION OF PROBABLE COST December 17, 2018 VILLAGE MM( 77 LOTS) Job No.: 25503- 53
STAGE 2B

RIVER ISLANDS

CITY OF LATHROP, SAN JOAQUIN COUNTY, CALIFORNIA
Item Description Quantity Unit Unit Price Amount

STREET WORK
1 Fine Grading 253, 500 SF $ 0. 45 $ 114, 075. 00
2 3" AC Paving 97, 200 SF $ 1. 50 $ 145, 800. 00
3 4. 5" AC Paving 44, 300 SF $ 2. 25 $ 99, 675. 00
4 6" Aggregate Base 97, 200 SF $ 0. 90 $ 87, 480. 00
5 8" Aggregate Base 44, 300 SF $ 1. 20 $ 53, 160. 00
6 Vertical Curb and Gutter( with AB cushion) 2, 100 LF $ 15. 00 $ 31, 500. 00 7 Rolled Curb and Gutter( with AB cushion) 5, 900 LF $ 15. 00 $ 88, 500.00 8 Concrete Sidewalk 38, 600 SF $ 5. 00 $ 193, 000. 00
9 DrivewayApproach 78 EA $ 600.00 $ 46, 800. 00
10 Handicap Ramps 13 EA $ 2, 500. 00 $ 32, 500. 00
11 Survey Monuments 22 EA $ 300. 00 $ 6, 600. 00
12 Traffic Striping& Signage 3, 892 LF $ 5. 00 $ 19, 460. 00 13 Dewatering( budget) 3, 892 LF $ 75. 00 $ 291, 900. 00 Subtotal Street Work 1, 210, 450. 00

STORM DRAIN
14 CatchBasins( typeAinlet) 7 EA $ 2, 400. 00 $ 16, 800. 00 15 Catch Basins( rype A inlet over type I manho/ e base) 12 EA $ 2, 800. 00 $ 33, 600. 00 16 Catch Basins( type A inlet over type l/ manhole base) 4 EA $ 5, 000. 00 $ 20, 000. 00 17 15" Storm Drain Pipe 590 LF $ 34. 00 $ 20, 060. 00
18 18" Storm Drain Pipe 270 LF $ 46. 00 $ 12, 420. 00
19 24" Storm Drain Pipe 470 LF $ 65. 00 $ 30, 550. 00
20 30" Storm Drain Pipe 305 LF $ 80. 00 $ 24, 400. 00
21 36" Storm Drain Pipe 300 LF $ 95. 00 $ 28, 500. 00
22 Storm Drain Stub& Plug 1 EA $ 1, 000. 00 $ 1, 000. 00 23 ConnecttoExisting 1 EA $ 1, 700. 00 $ 1, 700. 00
Subtotal Storm Drain 189, 030. 00

SANITARY SEWER
24 8" Sanitary Sewer Pipe 2, 335 LF $ 28. 00 $ 65, 380. 00 25 10" Sanitary Sewer Pipe 1, 490 LF $ 35. 00 $ 52, 150. 00 26 Manholes 15 EA $ 4, 000. 00 $ 60, 000. 00
27 Manholes( Trunk) 1 EA $ 6, 000. 00 $ 6, 000. 00
28 Sewer Service 77 EA $ 600. 00 $ 46, 200. 00
29 Sewer Stub& Plug 1 EA $ 1, 000.00 $ 1, 000. 00
30 Connect to Existing 1 EA $ 3, 000. 00 $ 3, 000.00
Subtotal Sanitary Sewer 233, 730. 00
624 8T" NERIDGE hRALL Rf7AD. SIfITE 33 1, PLEASANTt N, CA 345 36 • P: 925223. 8340 • F2Q9 5712466 T'. 25503- River Islands\ Phase 53- Village MM\ Word 8 Excel\ COST ESTIMATE\ Bond Estima e\ VILLAGE MM COST ESTIMATE\ VILLAGE EE 988
ENG7NEEfZ1NG
Item Description Quantity Unit Unit Price Amount

WATER SUPPLY
31 8" Water Line( including all appurtenances) 2, 520 LF $ 32. 00 $ 80, 640. 00 32 10" Water Line( including all appurtenances) 1, 480 LF $ 40.00 $ 59, 200. 00 33 Water Service 80 EA $ 2, 000. 00 $ 160, 000. 00
34 Fire Hydrants 12 EA $ 4, 000. 00 $ 48, 000. 00
35 Blow Off Valve 10 EA $ 4, 000. 00 $ 40, 000. 00
36 Air Release Valve 7 EA $ 2, 500. 00 $ 17, 500. 00
37 Resilient Gate Valve 18 EA $ 1, 550. 00 $ 27, 900. 00 38 Water Plug& Stub 1 EA $ 1, 000. 00 $ 1, 000. 00
39 Connect to Existing 1 EA $ 4, 000. 00 $ 4, 000. 00
Subtotal Water Supply 438, 240.00

NON- POTABLE WATER SUPPLY
40 8" Non- Potable Water Line( including all appurtenances) 1, 490 LF $ 35. 00 $ 52, 150. 00 41 Non- Potable Water Service 1 EA $ 2, 000. 00 $ 2, 000. 00 42 Blow Off Valve 3 EA $ 4, 000. 00 $ 12, 000. 00
43 Air Release Valve 1 EA $ 2, 500. 00 $ 2, 500. 00
44 Resilient Gate Valve 1 EA $ 2, 500.00 $ 2, 500. 00
45 Non- Potable Water Plug& Stub 1 EA $ 1, 000.00 $ 1, 000. 00 46 Connect to Existing 1 EA $ 3, 000. 00 $ 3, 000. 00
Subtotal Non- Potable WaterSupply 75, 150. 00
TOTAL CONSTRUCTION COST( nearest$ 1, 000) $ 2, 147, 000.00 COST PER LOT $ 27, 880. 00
Notes:
1) This eslimale does not include surveying, engineering, clearing, grading, erosion control, landscaping, dry utilities, irrigation, or slreet trees.
2) Unit prices are based on estimated current conslruction costs and no provision for inflation is included. 62 0 ST" ERIDGE MA L RCAE. SU1TE 33, PLEASANTON, CA 9466 • P; 925. 223. 834Q • : 209 571, 246& T'. 25503- River Islands\ Phase 53- Village MM\ Wortl 8 Excel\ COST ESTIMATE\ Bond Estimate\ VILLAGE MM COST ESTIMATE\ VILLAGE EE 989
ENGiN£ E+Z1NG
ENGINEER'S BOND ESTIMATE June 21, 2021
COST TO COMPLETE Job No.: 25503- 53
RIVER ISLANDS- Stage 26
VILLAGE MM( 77 LOTS)

CITY OF LATHROP, SAN JOAQUIN COUNTY, CALIFORNIA
Item Description Quantity Unit Unit Price Amount
1 Sanitary Sewer Raising Iron& Setting SSCO boxes( o/ Completion) 1 LS $ 39, 800. 00 $ 39, 800. 00 2 DomestiC Water Raising Iron& Setting Water Boxes( 0% Completion) 1 LS $ 39, 800. 00 $ 39, 800. 00 3 Non- Potable Water Raising Iron& Setting Water Boxes( o/ Completion) 1 LS $ 900. 00 $ 900. 00 4 Joint Trench( 70% Completion) 1 LS $ 47, 900. 00 $ 47, 800. 00 5 Striping& Mounments( o/ Completion) 1 LS $ 11, 900. 00 $ 11, 900. 00 6 AC Paving( 0/ Completion) 1 LS $ 313, 900. 00 $ 313, 900. 00 TOTAL COST TO COMPLETE $ 454, 100. 00
Notes:
1) Estimate for cost to complete based on contractor's note for Village MM dated 06/ 21/ 2021 200 STOAiERiDGE MALL RJA. SU(TE 330, PLEASAN? QN, C.A g4588 • P: 925? 23. 8340 • F: 209 571246 T: 25503- River Islands\ Phase 53- Village MM\ Word& Exce COST ESTIMATE\ Cost to Complete 2021- 06- 21\ 2021- 06- 21 Village MM Cost To Complete. zls\ Improvemenls 990
Subdivision Improvement Agreement( River Islands Stage 2B, LLC) Tract 4102 Village " MM2"

EXHIBIT E

UTILITY CAPACITY GUARANTEES
In accordance with the First Amendment to the 2003 Amended and Restated Development Agreement by and Between the City of Lathrop and Califia, LLC, (" DA"), SUBDIVIDER shall provide the following guarantees for wastewater treatment and recycled water capacity to utilize an additional 168, 421 gallons per day of treatment capacity from the Lathrop Consolidated Treatment Facility (" CTF") on an interim basis. As a requirement for the additional 168, 421 gpd of capacity to be utilized, River Islands shall first execute the City' s Funding Agreement for Surface Water Discharge Project for an amount of 3, 637, 895 ( Total of$ 5, 637, 895 - $ 2, 000, 000 already funded) and that agreement shall be approved by City Council. A portion of this funding commitment shall be utilized for the expansion of land disposal areas (" sprayfields") should the City not receive its final Federal and State entitlements for design, construction and use of the Surface Water Discharge Project. Should a portion of the funding commitment become necessary, the following additional conditions are to be satisfied prior to July l, 2023:
l. Have fully constructed, inspected and dedicated to the City the following improvements:

The Paradise Road Sprayfield Expansion ( also known as " Sprayfield A31") to accommodate the additional 168, 421 gpd of treatment capacity Recycled Water Pipeline extensions to the Sprayfield Expansion as necessary

2. Provide any outstanding funding for RWQCB permits and/or authorizations to be completed by the City to allow use of Sprayfield A31.

3. Implement terms and conditions of the Second Amendment to the Sprayfield Lease Agreement between Califia, LLC and the City, including recordation of the Second Memorandum of Lease with Option to Purchase.

With the appropriate guarantees in place, SUBDIVIDER shall be allocated and allowed to use an additional 168, 421 gpd of disposal capacity.
991

ATTACHMENT D

JOINT ESCROW INSTRUCTIONS

RECORDATION OF FINAL MAPS

RIVER ISLANDS AT LATHROP)
May 16, 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 4102; Escrow No. 1214022518 Dear Lori:

This letter constitutes the joint escrow instructions (" Escrow Insfructions") of River Islands Stage 2B, LLC, a Delaware limited liability company (" RIS2B°') and the City of Lathrop (" City') in connection with the above-referenced escrow (" Escrovd'). 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 RIS2B 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 RIS2B, subject to satisfaction of the conditions set forth below ( each a Closing'). If the Final Map has not been recorded by June 30, 2023, 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 RIS2B for recordation in the Official Records of San Joaquin County, California (" Official Records").

B. 1. One original Final Map for Tract 4102, executed and acknowledged by the City (provided to title by City).

B. 2. One original Common Use Agreement with Island Reclamation District No. 2062 for portions of Van Halen, Guilford, and Drummond Courts, including Offer of Dedication for Public Utility Easements (provided to title by City).

The documents listed in Items B. 1 and B.2 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.

C. Funds and Settlement Statement
You also have received, or will receive from RIS2B, 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 RIS2B and City (" Settlement Statemenf'): recordation costs, escrow fees and other 1 992

JOINT ESCROW INSTRUCTIONS

RECORDATION OF FINAL MAPS

RIVER ISLANDS AT LATHROP)
amounts as set forth in the Settiement Statement. Such costs, fees and other amounts are the sole responsibility of RIS2B.

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 $ 33, 403. 04, payable to the City pursuant to that certain Agreement to Settle Litigation Regarding River Islands at Lathrop as amended " Sierra Club Agreemeni°'), constituting the amount of $ 3, 501. 00 multiplied by 9. 541 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 Navarrete snavarrete@ci. lathrop. ca. us; e) Glenn Gebhardt qgebhardt@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.
2 993

JOINT ESCROW INSTRUCTIONS

RECORDATION OF FINAL MAPS

RIVER ISLANDS AT LATHROP)
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;
E. 4. Refund any funds delivered to you by RIS2B 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 2B, 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@si4ov. 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 2B, 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. 3 994

JOINT ESCROW INSTRUCTIONS

RECORDATION OF FINAL MAPS

RIVER ISLANDS AT LATHROP)
The Escrow Instructions may be modified oniy 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 2B, LLC
4 995

JOINT ESCROW INSTRUCTIONS

RECORDATION OF FINAL MAPS

RIVER ISLANDS AT LATHROP)

ESCROW INSTRUCTIONS
ACKNOWLEDGEMENT AND AGREEMENT:

Receipt of the foregoing Escrow Instructions from RIS2B 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 RIS2B 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:
5 996
y

RECORDING REQUESTED BY, AND
WHEN RECORDED MAILTO:

CITY OF LATHROP
ATTN: CITY CLERK
390 TOWNE CENTRE DRIVE
LATHROP, CA 95330
Exempt from payment of recording fees( GC 27383J

SPACE ABOVE THIS LINE FOR RECORDER' S USE

COMMON USE AGREEMENT
FOR THE STAGE 2B PORTION LEVEE EASEMENTS THAT AFFECT

VAN HALEN, GUILFORD, AND DRUMMOND COURTS

AND ADJACENT PUBLIC UTILITY EASEMENT

BY AND BETWEEN THE

CITY OF LATHROP
AND
ISLAND RECLAMATION DISTRICT NO. 2062
This COMMON USE AGREEMENT FOR VAN HALEN, GUILFORD, AND DRUMMOND COURTS AND ADJACENT PUBLIC UTILITY EASEMENT, associated with Phase 1 of River Islands at Lathrop entered into on this 16th day of May, 2022 (" Agreement") and is made and entered into by ISLAND RECLAMATION DISTRICT NO. 2062, a reclamation district organized under the laws of the State of California (" District"), and the CITY OF LATHROP, a municipal corporation in the State of Califarnia (" City"), together the " Parties."

RECITALS
A. This Agreement relates to certain real property to be dedicated by River Islands Stage 2B, LLC, to City for public right of way purposes known as Van Halen, Guilford, and Drummond Courts; local streets within the River Islands at Lathrop Master Planned Community, (" River Islands Site") and adjacent Public Utility Easements also dedicated by River Islands Stage 2B, LLC (" River Islands").

B. The Agreement also sets forth the process and includes a grant of Easements Deed ( included herein as Exhibit" B" to this Agreement) that has been dedicated by River Islands Stage 2B, LLC, for dedicated public utility easements ( PUEs) adjacent to the right of way of Van Halen, Guilford, and Drummond Courts that extend into the levee easement of the District.

B. On May 31, 2018, the District recorded easements across properties owned by Cali a, LLC and River Islands far the right to control and maintain the levees constructed by District far flood protection purposes to protect development of both the Stage 2A and Stage 2B sub- planning areas of the River Islands Site (" Levee Easements").

C. River Islands has proposed Tract 4102, a final map that will create a single family subdivision within the Stage 2B sub- planning of the River Islands Site, specifically located within Village MM.

Tract 4102 contains Van Halen, Guilford, and Drummond Courts, cul- de- sacs with a PUE that extends into a portion of the existing Levee Easements (" Village MM Portion of Van Halen, Guilford, and Drummond Courts"), as depicted in Exhibit " A" to this Agreement. 997
D. Since the Levee Easements have been recorded to provide appropriate legal access and authority to District far its flood protection warks (" District Warks") in accordance with the State Water Code and applicable FEMA regulations, and these levees are designed to provide 200- year Urban Level of Flood Protection ( ULOP) in accordance with approved State Department of Water Resources Standards, prior to the approval of Tract 4102 and the dedication of right of way for the Village MM Portion of Van Halen, Guilford, and Drummond Courts, the Parties acknowledge and agree that it is necessary far the Parties to enter into an agreement to outline the duties and responsibilities of each Party, for the betterment of the public and to avoid conflicts in each Parry' s individual obligations under applicable law to the portion of Van Halen, Guilford, and Drummond Courts right of way and adjacent PUE located within portions of the Levee Easements (" Common Use Area").

AGREEMENT
NOW, THEREFORE, in consideration of the premises and of the mutual covenants hereinafter set forth, the Parties do hereby agree as follows:

1. City hereby agrees to the construction, reconstruction, maintenance or use by District of the District Works located within the Common Use Area which is more particularly described on Exhibit A" to this Agreement, incorporated herein by this reference.

2. District hereby agrees to the construction, reconstruction, maintenance or use by City of the Village MM Partion of Van Halen, Guilford, and Drummond Courts within the Common Use Area which is more particularly described on Exhibit " A" to this Agreement, incorporated herein by this reference.

3. District and City acknowledge the priority of title of each other wherever applicable to the Common Use Area.

4. District has reviewed the Village MM improvement plans far surface improvements, underground pipelines, street lighting, landscaping and joint trench construction prepared by O' Dell Engineering and Power Systems Design and has no objections to the design and proposed construction of the facilities on these improvement plans, including streetlights located within the Common Use Area.

5. In the event that the future use of the Village MM Portion of Van Halen, Guilford, and Drummond Courts shall at any time necessitate rearrangement, relocation or reconstruction of any of the District' s works within the Common Use Area, City shall norify District in writing of such necessity pursuant to applicable sections of the Water Code and City agrees to pay the cost of such rearrangement, relocation ar reconstruction of District Works following approval of all plans and specifications of said rearrangement, re] ocaCion, or reconstruction by the District, which approval shall not be unreasonably withheld.

6. In the event that the future use of the District Warks shall at any time necessitate rearrangement, relocation or reconstruction of any of the Village MM Portion of Van Halen, Guilford, and Drummond Courts within the Common Use Area, District shall notify City in writing of such necessity and District agrees to pay the cost of such rearrangement, relocation or reconstruction of Village MM Portion of Van Halen, Guilford, and Drummond Courts and adjacent public utility 998
easements following approval of all plans and specifications of said rearrangement, relocation, or reconstruction by the City, which approval shall not be unreasonably withheld.

7. City shall pay the cost to maintain, repair or replace City' s facilities located in the Common Use Area at its sole expense, and for construction, rearrangement, modification, alteration ar relocation not requested or undertaken by District, except for damage resulting from maintenance, repair or replacement by District.

8. District ar its assignees shall pay the cost to maintain, repair and replace District' s facilities located in the Common Use Area at its sole expense, and for construction, rearrangement, modification, alteration or relocation not requested or undertaken by City, excepting damage resulting from maintenance, repair or replacement by City.

9. District, when working within the Common Use Area shall comply with the following provisions:
a) Except in times of emergency, including during a high water or flooding event, District shall provide reasonable notice to City before performing any work in the Common Use Area where such work will be performed in or on the traveled way or improved shoulders, sidewalk or landscaping of the roadway or will otherwise obstruct vehicular and/ or pedestrian traffic. b) In all cases, District shall make adequate provisions for the protection of the travelling public and provide such barricades and safety devices as are required by City standards, and in cases of non-emergency, provide a Traffic Control Plan as required by City standards and specifications. c) All work shall be planned and carried out so there will be minimum inconvenience to the traveling public.
d) All work shall be replacement in kind, conform to the existing facilities as to width and depth of surfacing thereof, meet all applicable City standards and specifications as determined by the City Engineer and shall be subject to inspection by City.

10. District and City shall use said Common Use Area in such mamler as to not unreasonably interfere with the rights of either Party.
ll. District shall not be responsible for any damage occurring to the City facilities in the Common Use Area that are not as a direct result of the District' s maintenance, construction or reconstruction activities, or from its flood contro] facilities located on or near the Common Use Area. All costs for repairing such damage to City' s facilities shall be borne by City.

12. City shall not be responsible for any damage occurring to District facilities in the Common Use Area that are not as a direct result of the City' s maintenance, construction or reconstruction acrivities of its right of way or improvements on ar near the Common Use Area. All costs for repairing such damage to District' s facilities shall be borne by District.

13. District is responsible for maintaining the aesthetic, structural integrity, and safety of its pedestrian bridges constructed by District that may transverse City right of way, including without limitation the Village MM Portion of Van Halen, Guilford, and Drummond Courts, and the bridge decks, piers, foundations, railings, abutment walls, and ramps. City shall not be responsible for the inspection, maintenance or repair of any District pedestrian bridges, including safety inspections of the bridge structure, footings, or abutments.
999

14. District shall be responsible for the vegetation and weed control activities of its levee slopes and adjacent areas that may transverse the Common Use Area. City shall be responsible for any landscaping and irrigation improvements within its right of way, including within the Common Use Area. The City or its assignees shall become responsibility for weed control within portions of the Common Use Area that are landscaped by the City.

15. River Islands Stage 2B, LLC, has dedicated, for public purposes, via Offer of Dedication for Public Utility Easement Deed included and incorporated herein as Exhibit " B" to this Agreement, adjacent to Van Halen, Guilford, and Drummond Courts. This Grant Deed shall be recarded concurrently with the recordarion of the Tract 4102 final map.

16. To the extent that the City' s rights to its right of way and/ or PUE for Van Halen, Guilford, and Drummond Courts under the applicable laws of the State of California do not hinder or conflict with the rights of the District under applicable laws of the State of California, such rights of the District shall remain and be in full force and effect. Should any conflict with the rights of the City by rights of the District be identified, the District hereby subrogates its rights to the City, subject to review and approval of the District' s legal counsel.

17. This Agreement shall not have a prescribed term. Termination of Agreement shall only occur if the Common Use Area ceases to be in existence and the need for this Agreement and its rights and obligations contained herein cease to be necessary. Either Parry may provide written notice of such termination, subject to review and verification of the other Party.

18. Notices. Any and all notices required to be given hereunder will be deemed to have been delivered upon deposit in the United States mail, postage prepaid, addressed to either of the parties at the address hereinafter specified or as later amended by either party in writing:

City of Lathrop
Attention: City Clerk
390 Towne Centre
Lathrop, CA 95330
Reclamation District No. 2062
73 West Stewart Road
Lathrop, CA 95330
Attention: President

19. This Agreement, and all terms, covenants, and conditions hereof, will apply to and bind the successors and assigns of the respective parties hereto. Neither Party will assign nor sublet this Agreement without the prior written consent of the other Party.

20. This Agreement is governed by California law.

21. This Agreement may not be modified or amended except in writing signed by both parties.

22. Each party must, in all activities undertaken pursuant to this Agreement, comply and cause its contractors, agents and employees to comply with all Federal, State and local laws, statutes, orders, ordinances, rules, and regulations.
1000

23. It is expressly understood that this Agreement does not in any way whatsoever grant or convey any permanent easement, fee or other interest in a party' s real property to the other Party.

24. This Agreement, together with all exhibits attached hereto, constitutes the entire agreement between the Parties and supersedes all prior written or oral understandings. 1001
IN WITNESS WHEREOF, the City and District have signed this Agreement effective as of the Effective Date.

CITY OF LATHROP ISLAND RECLAMATION DISTRICT
A California municipal corporation NO. 2062, a California reclamation district
By: By
Stephen Salvatore, City Manager Susan Dell'Osso, President ATTEST:

By:

Teresa Vargas, City Clerk
APPROVED AS TO FORM BY THE TY OF LATHROP CITY ATTORNEY:

B y:

Salvadar V. Navarrete, City Attorney
1002
EXHIBIT " A"

COMMON USE AREA DEPICTION
1003
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28 LEVEE EASEMENT
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PUBLIC UTILITY EASEMENT r- r
812 S. F
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R) RADIAL BEARING

T) TOTAL
S. F. SQUARE FEET
DESCRIPTION: COMMON USE AGREEMENT
I 1165 Scenic Drive, Suite A
Modesto, CA 95350 SCALE: 1"= 30' DATE: MAY 2, 2022
0 N N G 1 N - E i 1 N G odellengineering. com
JOB NO.: 25503
FILE: 25503—EXH—TRACT 4101_ CUA. DWG
1004
EXHIBIT " B" .

OFFER OF DEDICATION FOR PUBLIC UTILITY EASEMENT
1005
RECORDING REQUESTED BY:

City of Lathrop, CA
WHEN RECORDED, PLEASE MAIL TO:

City of Lathrop
City Clerk
390 Towne Centre Drive
Lathrop, California 95330
APNS: 213- 470- 07 SPACE ABOVE THIS LINE IS FOR RECORDER' S USE 213- 480- 06
Offer of Dedication
for Public Utility Easements
Final Map 4102)
THIS INTRUMENT BENEFITS THE CITY ONLY. NO FEE REQUIRED.

THE UNDERSIGNED GRANTOR( S) DECLARE( S): DOCUMENTARY TRANSFER TAX IS$ computed on full value of property conveyed, or
computed on full value less liens and encumbrances remaining at time of sale.

Unincorporated area ( X) City of Lathrop
For a valuable consideration, receipt of which is hereby acknowledged, ISLAND RECLAMATION DISTRICT NO. 2062, a California reclamation district," Grantor( s)," hereby grants to CITY OF LATHROP, a California municipal corporation " Grantee," for public purposes, a non- exclusive public utility easement together with the right to construct, reconstruct, repair and maintain, poles, wires, cables, pipes, and conduits and their appurtenances upon. ( the" Public Utility Easement") over all that real property situated in the State of California, County of San Joaquin, City of Lathrop and more particularly described as follows:

See attached Exhibit" A"
In witness whereof the undersigned have executed this instrument on this _ day of May, 2022.

Grantor( s):

ISLAND RECLAMATION DISTRICT NO. 2062,
a California reclamation district
By:

Susan Dell' Osso, President
The remainder of this page intentionally left blank.
1006
EXHIBIT " A"

EASEMENT AREA DESCRIPTION

ATTACHED)
1007
JN 25503 May 2, 2022

EXHIBIT A

LEGAL DESCRIPTION

DEDICATION OF PUBLIC UTILITY EASEMENT
PARCEL 20, TRACT 4032 ( 43 M& P 142)
RIVER ISLANDS- STAGE 2B

CITY OF LATHROP, SAN JOAQUIN COUNTY, CALIFORNIA

CERTAIN REAL PROPERTY SITUATE IN THE CITY OF LATHROP, COUNTY OF SAN JOAQUIN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:

BEING A PORTION OF PARCEL 20 AS SAID PARCEL IS SHOWN ON THE MAP ENTITLED " TRACT 4032, RIVER ISLANDS- STAGE 2B, LARGE LOT FINAL MAP", FILED OCTOBER 8, 2020, IN BOOK 43 OF MAPS AND PLATS, AT PAGE 142, OFFICIAL RECORDS OF SAN JOAQUIN COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

P. U. E. ( GUILFORD COURT)

COMMENCING AT THE CENTER OF THE GUILFORD COURT CUL DE SAC AS SHOWN ON THE MAP ENTITLED" TRACT 4102, RIVER ISLANDS- STAGE 2B, VILLAGE MM2" FILED 2022,

IN BOOK OF MAPS AND PLATS, AT PAGE , OFFICIAL RECORDS OF SAN JOAQUIN COUNTY;
THENCE, ALONG A RADIAL BEARING OF SOUTH 84° 52' 29" EAST, A DISTANCE OF 50. 00 FEET TO THE WESTERLY LINE OF PARCEL 20 OF SAID TRACT 4032, AND ALSO BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED EASEMENT;
THENCE, ALONG SAID WESTERLY LINE, NORTH 16° 38' 22" EAST, A DISTANCE OF 22. 58 FEET; THENCE, CONTINUING ALONG SAID WESTERLY LINE, NORTH 11° 25' 23" EAST, A DISTANCE OF

2. 39 FEET;

THENCE, LEAVING SAID WESTERLY LINE, SOUTHERLY ALONG A NON- TANGENT CURVE TO THE RIGHT, FROM WHICH THE CENTER OF SAID CURVE BEARS SOUTH 71° 01' 24" WEST, HAVING A RADIUS OF 60. 00 FEET, THROUGH A CENTRAL ANGLE OF 70°58' 17", AND AN ARC DISTANCE OF

74. 32 FEET RETURNING TO SAID WESTERLY LINE OF PARCEL 20;

THENCE, ALONG SAID WESTERLY LINE, NORTHERLY ALONG A NON- TANGENT CURVE TO THE LEFT, FROM WHICH THE CENTER OF SAID CURVE BEARS NORTH 72° 33' 24" WEST, HAVING A RADIUS OF 600. 00 FEET, THROUGH A CENTRAL ANGLE OF 00°48' 13", AND AN ARC DISTANCE OF

8. 42 FEET;
THENCE, CONTINUING ALONG SAID WESTERLY LINE, NORTH 16° 38' 22" EAST, A DISTANCE OF

16. 32 FEET;

THENCE, CONTINUING ALONG SAID WESTERLY LINE, NORTHERLY ALONG A NON- TANGENT CURVE TO THE LEFT, FROM WHICH THE CENTER OF SAID CURVE BEARS NORTH 61° 50' 46" WEST, HAVING A RADIUS OF 50. 00 FEET, THROUGH A CENTRAL ANGLE OF 23° 01' 42", AND AN ARC DISTANCE OF 20. 10 FEET TO THE POINT OF BEGINNING.

CONTAINING 505 SQUARE FEET, MORE OR LESS.

A PLAT OF THE ABOVE DESCRIBED EASEMENT IS ATTACHED HERETO AS EXHIBIT B AND BY THIS REFERENCE MADE A PART HEREOF.

Page ] of 3 zsso3- LEcnL- v LLaGe mMz cua coi FOR
1008
JN 25503 May 2, 2022

END DESCRIPTION

THIS DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE REQUIREMENTS OF THE PROFESSIONAL LAND SURVEYOR' S ACT.

P A 0
01 PM M
DRAFi' fi
a sa
WILLIAM M. KOCH No. 8092 . DATE
PROFESSIONAL LAND SURVEYOR J+ Q
CALIFORNIA NO. 8092
F A` F44

1009
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LWE DIRECTION LENGTH CURVE RADIUS DELTA LENGTH O
L1 N16°38' 22" E 22. 58' C1 60. 00 70° 58' 17" 74. 32' 0 15 so z
L2 N11° 25' 23" E 27. 90' C2 600. 00 0° 48' 13" 8. 42
SCALE: 1°- so
L3 N11° 25' 23" E 2. 39' C3 50. 00 23°01' 42" 20. 10' LEGEND

POC POINT OF COMMENCEMENT
0 L4 N 11° 25' 23" E 25. 51 POB POINT OF BEGINNING
P. U. E. PUBLIC UTIIITY EASEMENT
L5 N16` 38 22' E 16. 32 T) TOTAL BEARING

L EXHIBIT B
S. F. S UARE FEET
DESCRIPTION: COMMON USE AGREEMENT
1165 Scenic Drive, Suite A
o Modesto, CA 95350 SCALE: 1"= 30' DATE: MAY 2, 2022
Of
N - E N G 1 N E E fZ 1 N G odellengineering. com
JOB NO.: 25503
FILE: 25503—EXH— TRACT 4101_ CUA. DWG
1010
JN 25503 May 2, 2022

EXHIBIT A

LEGAL DESCRIPTION

DEDICATION OF PUBLIC UTILITY EASEMENT
PARCEL 20, TRACT 4032 ( 43 M& P 142)
RIVER ISLANDS- STAGE 2B

CITY OF LATHROP, SAN JOAQUIN COUNTY, CALIFORNIA

CERTAIN REAL PROPERTY SITUATE IN THE CITY OF LATHROP, COUNTY OF SAN JOAQUIN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:

BEING A PORTION OF PARCEL 20 AS SAID PARCEL IS SHOWN ON THE MAP ENTITLED " TRACT 4032, RIVER ISLANDS- STAGE 2B, LARGE LOT FINAL MAP", FILED OCTOBER 8, 2020, IN BOOK 43 OF MAPS AND PLATS, AT PAGE 142, OFFICIAL RECORDS OF SAN JOAQUIN COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

P. U. E. ( DRUMMOND COURT)

COMMENCING AT THE CENTER OF THE DRUMMOND COURT CUL DE SAC AS SHOWN ON THE MAP ENTITLED " TRACT 4102, RIVER ISLANDS- STAGE 2B, VILLAGE MM2" FILED 2022,

IN BOOK OF MAPS AND PLATS, AT PAGE , OFFICIAL RECORDS OF SAN JOAQUIN COUNTY;
THENCE, ALONG A RADIAL BEARING OF NORTH 16° 49' 37" EAST, A DISTANCE OF 60. 00 FEET TO THE WESTERLY LINE OF PARCEL 20 OF SAID TRACT 4032, AND ALSO BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED EASEMENT;

THENCE, LEAVING SAID WESTERLY LINE, SOUTHERLY ALONG A NON- TANGENT CURVE TO THE RIGHT, FROM WHICH THE CENTER OF SAID CURVE BEARS SOUTH 16° 49' 37" WEST, HAVING A RADIUS OF 60. 00 FEET, THROUGH A CENTRAL ANGLE OF 67° 25' 12'. AND AN ARC DISTANCE OF

70. 60 FEET RETURNING TO SAID WESTERLY LINE OF PARCEL 20; THENCE, ALONG SAID WESTERLY LINE, NORTH 38° 53' 28" WEST, A DISTANCE OF 50. 59 FEET; THENCE, CONTINUING ALONG SAID WESTERLY LINE, NORTH 41° 16' 09" WEST, A DISTANCE OF

16. 02 FEET TO THE POINT OF BEGINNING.

CONTAINING 439 SQUARE FEET, MORE OR LESS.

A PLAT OF THE ABOVE DESCRIBED EASEMENT IS ATTACHED HERETO AS EXHIBIT B AND BY THIS REFERENCE MADE A PART HEREOF.

END DESCRIPTION

THIS DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE REQUIREMENTS OF THE PROFESSIONAL LAND SURVEYOR' S ACT.

P- A ND
PM M,
DRAFT oG
a
o
WILLIAM M. KOCH No, $ pg2 , k
DATE

PROFESSIONAL LAND SURVEYOR
CALIFORNIA N0. 8092 9
OF CA1- F
2

1011
N
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STAGE 2B LEVEE EASEMENT
N
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PUBLIC UTILITY EASEMENT
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o N16° 49' 37° E R 6 T/ 6 STAGE 2B LEVEE
L2 L3 50. 59' 62. 43'
Q L1( T) N38° 53' 28" W 113. 02'( T)
PAR E g N84, 4 5o° EcR , PARCEL B
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LINE DIRECTION LENGTH O
Z Ll N41° 16' 09" W 29. 34'
L2 0 15 3o LEGEND N41` 16 09 W 13. 32
POC POINTOF COMMENCEMENT o
SCALE: 1"= 30'
u, L3 N41` 16 09 W 16. 02 P.oUE. PU BLCUTILITYEASEMENT
a R) RADIAL BEARING

T) TOTAL
EXHIBIT B S. F. SQUAREFEET
DESCRIPTION: COMMON USE AGREEMENT
1165 Scenic Drive, Suite A
o
Modesto, CA 95350 SCALE: 1"= 30' DATE: MAY 2, 2022
Of
N E N G 1 N E i 1 N G odellengineering. com
JOB NO.: 25503
FILE: 25503- EXH- TRACT 4101_ CUA. DWG
1012
JN 25503 May 2, 2022

EXHIBIT A

LEGAL DESCRIPTION

DEDICATION OF PUBLIC UTILITY EASEMENT
PARCEL 20, TRACT 4032 ( 43 M& P 142)
RIVER ISLANDS- STAGE 2B

CITY OF LATHROP, SAN JOAQUIN COUNTY, CALIFORNIA

CERTAIN REAL PROPERTY SITUATE IN THE CITY OF LATHROP, COUNTY OF SAN JOAQUIN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:

BEING A PORTION OF PARCEL 20 AS SAID PARCEL IS SHOWN ON THE MAP ENTITLED " TRACT 4032, RIVER ISLANDS- STAGE 2B, LARGE LOT FINAL MAP", FILED OCTOBER 8, 2020, IN BOOK 43 OF MAPS AND PLATS, AT PAGE 142, OFFICIAL RECORDS OF SAN JOAQUIN COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

P. U. E. ( VAN HALEN COURT)

COMMENCING AT THE CENTER OF THE VAN HALEN COURT CUL DE SAC AS SHOWN ON THE MAP ENTITLED" TRACT 4102, RIVER ISLANDS- STAGE 2B, VILLAGE MM2" FILED 2022,

IN BOOK OF MAPS AND PLATS, AT PAGE , OFFICIAL RECORDS OF SAN JOAQUIN COUNTY;
THENCE, ALONG A RADIAL BEARING OF SOUTH 28°29' 03" EAST, A DISTANCE OF 50. 00 FEET TO THE WESTERLY LINE OF PARCEL 20 OF SAID TRACT 4032, AND ALSO BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED EASEMENT;

THENCE, ALONG SAID WESTERLY LINE, NORTHERLY ALONG A NON- TANGENT CURVE TO THE LEFT, FROM WHICH THE CENTER OF SAID CURVE BEARS NORTH 28° 29' 03" WEST, HAVING A RADIUS OF 50. 00 FEET, THROUGH A CENTRAL ANGLE OF 78° 04'44", AND AN ARC DISTANCE OF

68. 14 FEET;
THENCE, CONTINUING ALONG SAID WESTERLY LINE, NORTH 25° 20' 08" EAST, A DISTANCE OF

13. 67 FEET;

THENCE, LEAVING SAID WESTERLY LINE, SOUTHERLY ALONG A NON- TANGENT CURVE TO THE RIGHT, FROM WHICH THE CENTER OF SAID CURVE BEARS SOUTH 63° 40' 17" WEST, HAVING A RADIUS OF 60. 00 FEET, THROUGH A CENTRAL ANGLE OF 34° 22' 57", AND AN ARC DISTANCE OF

36. 01 FEET TO THE EXISTING TOE OF THE STAGE 2B LEVEE;
THENCE, ALONG SAID EXISTING TOE OF THE STAGE 2B LEVEE, SOUTH 22° 41' 56" WEST, A DISTANCE OF 30. 34 FEET;
THENCE, LEAVING SAID EXISTING TOE OF THE STAGE 2B LEVEE, ALONG A NON- TANGENT CURVE TO THE RIGHT, FROM WHICH THE CENTER OF SAID CURVE BEARS NORTH 52° 39' 22" WEST, HAVING A RADIUS OF 60. 00 FEET, THROUGH A CENTRAL ANGLE OF 33° 23' 18", AND AN ARC DISTANCE OF 34. 96 FEET TO SAID WESTERLY LINE OF PARCEL 20; THENCE, ALONG SAID WESTERLY LINE, NORTH 17° 41' 07" EAST, A DISTANCE OF 13. 32 FEET TO THE POINT OF BEGINNING.

CONTAINING 812 SQUARE FEET, MORE OR LESS.

A PLAT OF THE ABOVE DESCRIBED EASEMENT IS ATTACHED HERETO AS EXHIBIT B AND BY THIS REFERENCE MADE A PART HEREOF.

P1ge 1 Of 3 25503- LEGAL- VILLAGE MM2_ CUA_ VAN HALEN
1013
JN 25503 May 2, 2022

END DESCRIPTION

THIS DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE REQUIREMENTS OF THE PROFESSIONAL LAND SURVEYOR' S ACT. i';
M LMN s
DRAFT o
a
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WILLIAM M. KOCH N, g092 ,* DATE
PROFESSIONAL LAND SURVEYOR s
CALIFORNIA NO. 8092 9r,
Q CA, 4
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P1ge 2 Of 3 25503- LEGAL- VILLAGE MM2_ CUA_ VAN HALEN
1014

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ITEM 5. 1

CITY MANAGER' S REPORT
May 16, 2022 CITY COUNCIL SPECIAL MEETING
ITEM: PUBLIC HEARING ( PUBLISHED NOTICE) TO

CONSIDER FIRST READING AND

INTRODUCTION OF AN ORDINANCE OF THE

CITY COUNCIL OF THE CITY OF LATHROP

AMENDING THE LATHROP MUNICIPAL CODE
TITLE 8 HEALTH AND SAFETY", CHAPTER 8. 16

ENTITLED GARBAGE COLLECTION AND
DISPOSAL", SECTION 8. 16. 010 ENTITLED
DEFINITIONS" AND ADDING A NEW SECTION

8. 16. 310 ENTITLED EDIBLE FOOD RECOVERY"
RECOMMENDATION: City Council to Consider the Following:

1. Hold a Public Hearing; and

2. First Reading and Introduction of an
Ordinance Amending the Lathrop Municipal
Code Title 8 " Health and Safety", Chapter

8. 16 Entitled, " Garbage and Collection
Disposal", Section 8. 16. 010 Entitled
Definitions" and Adding a New Section

8. 16. 310 Entitled Edible Food Recovery"
SUMMARY:

In September 2016, Governor Brown Jr. set methane emissions reduction targets for California ( SB 1383 Lara, Chapter 395, Statutes of 2016) in a statewide effort to reduce emissions of short- lived climate pollutants ( SLCP). The targets must:

Reduce organic waste disposal 50% by 2020 and 75% by 2025.

Increase the recovery of disposed surplus food by 20% by 2025.

The proposed Ordinance would amend Lathrop Municipal Code to add definitions to Section 8. 16. 010 entitled Definitions", and add Section 8. 16. 310 entitled ' Edible Food Recovery" in compliance with Senate Bill (" SB") 1383 the Municipal Code.

Pursuant to State regulations, this Ordinance will help reduce food insecurity by requiring commercial Edible Food Generators to arrange to have the maximum amount of their edible food, that would otherwise be disposed, be recovered for human consumption.

BACKGROUND:

SB 1383 requires that all jurisdictions adopt Edible Food Recovery Ordinance.

To ensure compliance with SB 1383, staff proposes the following Lathrop Municipal Code amendments:
1025

CITY MANAGER' S REPORT
MAY 16, 2022 CITY COUNCIL SPECIAL MEETING
ORDINANCE TO ADD TO THE LATHROP MUNICIPAL CODE CHAPTER 8. 16 EDIBLE FOOD RECOVERY"

1. Section 8. 16. 010 Added " Definitions":

Commercial Edible Food Generator" includes a Tier One or a Tier Two Commercial Edible Food Generator as defined in this section.

Edible Food" means food intended for human consumption.

Food Distributor" means a company that distributes food to entities including, but not limited to, Supermarkets and Grocery Stores.

Food Recovery" means actions to collect and distribute food for human consumption that otherwise would be disposed.

Food Recovery Organization" means an entity that engages in the collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other entities including:
a. A food bank;
b. A nonprofit charitable organization; and
c. A nonprofit charitable temporary food.

Grocery Store" means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments.

Large Event" means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2, 000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event.

Large Venue" means a permanent venue facility that annually seats or serves an average of more than 2, 000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this chapter and implementation of, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility.
1026

CITY MANAGER' S REPORT
MAY 16, 2022 CITY COUNCIL SPECIAL MEETING
ORDINANCE TO ADD TO THE LATHROP MUNICIPAL CODE CHAPTER 8. 16 EDIBLE FOOD RECOVERY"
Local Education Agency" means a school district, charter school, or county office of education that is not subject to the control of City regulations related to Solid Waste.

Supermarket" means a full- line, self- service retail store with gross annual sales of two million dollars ($ 2, 000, 000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items.

Tier One Commercial Edible Food Generator" means a Commercial Edible Food Generator that is one or more of the following:
d. Supermarket.
e. Grocery Store with a total facility size equal to or greater than 10, 000 square feet.
f. Food Service Provider.
g. Food Distributor.
h. Wholesale Food Vendor.

Tier Two Commercial Edible Food Generator" means a Commercial Edible Food Generator that is one or more of the following:
i. Restaurant with 250 or more seats, or a total facility size equal to or greater than 5, 000 square feet.
j. Hotel with an on- site Food Facility and 200 or more rooms. k. Health facility with an on- site Food Facility and 100 or more beds.

I. Large Venue.
m. Large Event.
n. A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5, 000 square feet. o. A Local Education Agency facility with an on- site Food Facility.

Wholesale Food Vendor" means a business or establishment engaged in the merchant wholesale distribution of food, where food ( including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination.
1027

CITY MANAGER' S REPORT
MAY 16, 2022 CITY COUNCIL SPECIAL MEETING
ORDINANCE TO ADD TO THE LATHROP MUNICIPAL CODE CHAPTER 8. 16 EDIBLE FOOD RECOVERY"

1. Add a new Section 8. 16. 310 entitled " Edible Food Recovery" to read as follows:

A. Tier One Commercial Edible Food Generators must comply with the requirements of this section commencing January 1, 2022, and Tier Two Commercial Edible Food Generators must comply commencing January 1, 2024.

B. Large Venue or Large Event operators not providing Food Services, but allowing for food to be provided by others, shall require Food Facilities operating at the Large Venue or Large Event to comply with the requirements of this section, commencing January 1, 2024.

C. Commercial Edible Food Generators shall comply with the following requirements:

1. Arrange to recover the maximum amount of Edible Food that would otherwise be disposed.

2. Arrange to recover the maximum amount of Edible Food that would otherwise be disposed.

3. Contract or enter into a written agreement with Food Recovery Organizations or Food Recovery Service for: ( i) the collection of Edible Food for Food Recovery; or ( ii) acceptance of the Edible Food that the Commercial Edible Food Generator self- hauls to the Food Recovery Organization for Food Recovery.

4. Shall not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service.

5. Allow the San Joaquin County Environmental Health Department, or the City' s designated enforcement entity or designated third party enforcement entity to access the premises and review records.
a. A list of each Food Recovery Service or Organization that collects or receives its Edible Food pursuant to a contract or written agreement.
b. A copy of all contracts or written agreements.
c. A record of the following information for each of those Food Recovery Services or Food Recovery Organizations:
1028

CITY MANAGER' S REPORT
MAY 16, 2022 CITY COUNCIL SPECIAL MEETING
ORDINANCE TO ADD TO THE LATHROP MUNICIPAL CODE CHAPTER 8. 16 EDIBLE FOOD RECOVERY"

1. The name, address, and contact information of the
Food Recovery Service or Food Recovery
Organization.

2. The types of food that will be collected by or Selfhauled to the Food Recovery Service or Food Recovery Organization.

3. The established frequency that food will be collected or Self- hauled.

4. The quantity of food, measured in pounds recovered
per month, collected or Self- hauled to a Food
Recovery Service or Food Recovery Organization for
Food Recovery.

D. The City may adopt a fee by resolution to charge Commercial Edible Food Generators for the San Joaquin County Environmental Health Department' s time to implement inspection, record keeping, and enforcement provisions for Commercial Edible Food Generators.

E. Requirements for Food Recovery Organizations and Services:

1. Food Recovery Services collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under shall maintain the following records, a. The name, address, and contact information for each Commercial Edible Food Generator from which the service collects Edible Food. b. The quantity in pounds of Edible Food collected from each Commercial Edible Food Generator per month.
c. The quantity in pounds of Edible Food transported to each Food Recovery Organization per month.
d. The name, address, and contact information for each Food Recovery Organization for which the Food Recovery Service transports Edible Food for Food Recovery.

2. Food Recovery Organizations collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement shall maintain the following records, a. The name, address, and contact information for each
Commercial Edible Food Generator from which the
organization receives Edible Food.
1029

CITY MANAGER' S REPORT
MAY 16, 2022 CITY COUNCIL SPECIAL MEETING
ORDINANCE TO ADD TO THE LATHROP MUNICIPAL CODE CHAPTER 8. 16 EDIBLE FOOD RECOVERY"
b. The quantity in pounds of Edible Food received from each Commercial Edible Food Generator per month.
c. The name, address, and contact information for each Food Recovery Service from which the organization receives
Edible Food for Food Recovery.

F. Food Recovery Organizations and Food Recovery Services that have their primary address physically located in the City and contract with or have written agreements with one or more Commercial Edible Food shall report to the City it is located in the total pounds of Edible Food recovered in the previous calendar year from the Tier One and Tier Two Commercial Edible Food Generators they have established a contract or written agreement with no later than March 1, July 1, and September 1 annually.

G. In order to support Edible Food Recovery capacity planning assessments or other studies, Food Recovery Services and Food Recovery Organizations operating in the City shall provide information and consultation to the City, upon request, regarding existing, or proposed new or expanded, Food RecoVery capacity that could be accessed by the City and its Commercial Edible Food Generators. A Food Recovery Service or Food Recovery Organization contacted by the City shall respond to such request for information within 60 days, unless a shorter timeframe is otherwise specified by the City.

H. The City may adopt a fee by resolution to charge Food Recovery Services and Food Recovery Organizations operating in the City for the San Joaquin County Environmental Health Department' s time to implement inspection, record keeping, and enforcement provisions for Food Recovery Services and Food Recovery Organizations operating in the City.

I. The City or its Designee may, from time to time, inspect all premises within the City to determine compliance with and to enforce the provisions of this chapter.

J. City representatives and/ or its Designees are authorized to conduct Inspections and investigations, Commercial Edible Food Generators, Food Recovery Services, and Food Recovery Organizations, subject to applicable laws.

K. The regulated entity shall provide or arrange for access during all Inspections and shall cooperate with the City' s employee or its Designee during such Inspections and investigations. Such Inspections and investigations may include confirmation of Edible Food 1030

CITY MANAGER' S REPORT
MAY 16, 2022 CITY COUNCIL SPECIAL MEETING
ORDINANCE TO ADD TO THE LATHROP MUNICIPAL CODE CHAPTER 8. 16 EDIBLE FOOD RECOVERY"
Recovery activities, records, or any other requirement described herein.

L. City representatives, its Designee are authorized to conduct any Inspections or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws.

M. Beginning January 1, 2022 and through December 31, 2023, the City or its Designee will conduct Inspections and Compliance Reviews, to determine compliance with the SB 1383 Regulations, and if the City determines that an Tier One Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other generator is not in compliance, it shall provide educational materials describing its obligations under this chapter and a notice that compliance is required as of January 1, 2022, and that violations may be subject to penalties starting on January 1, 2024.

REASON FOR RECOMMENDATION:

A. All jurisdictions must adopt an ordinance that will require commercial Edible Food Generators to arrange to have the maximum amount of their edible food, that would otherwise be disposed, be recovered for human consumption to be in compliance with Senate Bill (" SB") 1383 Short- Lived Climate Pollutant regulations.

B. Comply with state edible food recovery law, the Short- lived Climate Pollutant Reduction Act of 2016 ( also known as SB 1383).

This proposed Ordinance is intended to adhere to the Short- lived Climate Pollutant Reduction Act of 2016 ( also known as SB 1383).

FISCAL IMPACT: None
ATTACH M ENTS:

A. An Ordinance of the City Council of the City of Lathrop Amending the Lathrop Municipal Code Chapter 8. 16 entitled " Garbage Collection and Disposal", Section 8. 16. 010 Entitled Definitions" and Adding a New Section 8. 16. 310 Entitled " Edible Food Recovery"
1031

CITY MANAGER' S REPORT
MAY 16, 2022 CITY COUNCIL SPECIAL MEETING
ORDINANCE TO ADD TO THE LATHROP MUNICIPAL CODE CHAPTER 8. 16 EDIBLE FOOD RECOVERY"
APPROVALS:

Vl l 1_
Melissa Stathakopoulos Date
Recreation Manager
S. y. 2
Todd ebas i n Date
Director of Parks, Recreation and
Maintenance Services
S - S- Zo
M rk is er Date
Director o Community Development
S -S-Zo2Z
Michael King Date
Dir tor of Public Works
Cari Jam Date
Finance rector
S- -Zp ZL
Salvador Navarrete Date
City Attorney
s'-s-zz
Ste n J. Salvatore Date
City Manager
1032
ORDINANCE NO. 22-

A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LATHROP AMENDING THE LATHROP MUNICIPAL CODE TITLE 8 " HEALTH AND SAFETY", CHAPTER

8. 16 ENTITLED GARBAGE COLLECTION AND DISPOSAL", SECTION

8. 16. 010 ENTITLED DEFINITIONS" AND ADDING A NEW SECTION

8. 16. 310 ENTITLED EDIBLE FOOD RECOVERY"
WHEREAS, the City of Lathrop City Council held a duly noticed public hearing at a special meeting on May 16, 2022 to review and consider this Ordinance; and WHEREAS, the proposed municipal code text amendment is citywide and affects all applicable properties in the City; and
WHEREAS, this Ordinance will help reduce food insecurity by requiring commercial Edible Food Generators to arrange to have the maximum amount of their edible food, that would otherwise be disposed, be recovered for human consumption; and
WHEREAS, it is appropriate to amend section 8. 16. 010 to include Definitions" and add section 8. 16. 310 to include " Edible Food Recovery" to incorporate the requirements of SB 1383; and
WHEREAS, the City Council desires to amend its Garbage Collection and Disposal Ordinance to comply with the SB 1383 Regulations; and WHEREAS, the City Council has reviewed all written evidence and oral testimony presented to date.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LATHROP DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Chapter 8. 16 of the Lathrop Municipal Code entitled " Garbage Collection and Disposal" is amended as follows:

A. Section 8. 16. 010 entitled " Definitions" is amended to add the following to be codified in alphabetical order in addition to existing definitions:

Commercial Edible Food Generator" includes a Tier One or a Tier Two Commercial Edible Food Generator as defined in this section.

Edible Food" means food intended for human consumption.

Food Distributor" means a
company that distributes food to entities including, but not limited to, Supermarkets and Grocery Stores.

Food Recovery" means actions to collect and distribute food for human consumption Ordinance No. 22- Page 1 of 8
1033
that otherwise would be disposed.

Food Recovery Organization" means an entity that engages in the collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other entities including:
a. A food bank;
b. A nonprofit charitable organization; and
c. A nonprofit charitable temporary food.

Grocery Store" means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments.

Large Event" means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2, 000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event.

Large Venue" means a permanent venue facility that annually seats or serves an average of more than 2, 000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this chapter and implementation of, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility.

Local Education Agency" means a school district, charter school, or county office of education that is not subject to the control of City regulations related to Solid Waste.

Supermarket" means a full- line, self- service retail store with gross annual sales of two million dollars ($ 2, 000, 000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items.

Tier One Commercial Edible Food Generator" means a Commercial Edible Food Generator that is one or more of the following:
d. Supermarket.
e. Grocery Store with a total facility size equal to or greater than 10, 000 square feet. f. Food Service Provider.

Ordinance No. 22- Page 2 of 8
1034
g. Food Distributor.
h. Wholesale Food Vendor.

Tier Two Commercial Edible Food Generator" means a Commercial Edible Food Generator that is one or more of the following:
i. Restaurant with 250 or more seats, or a total facility size equal to or greater than 5, 000 square feet.
j. Hotel with an on- site Food Facility and 200 or more rooms. k. Health facility with an on- site Food Facility and 100 or more beds.

I. Large Venue.
m. Large Event.
n. A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5, 000 square feet.
o. A Local Education Agency facility with an on- site Food Facility.

Wholesale Food Vendor" means a business or establishment engaged in the merchant wholesale distribution of food, where food ( including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination.

B. A new Section 8. 16. 310 entitled Edible Food Recovery" is added to read as follows:

A. Tier One Commercial Edible Food Generators must comply with the requirements of this section commencing January 1, 2022, and Tier Two Commercial Edible Food Generators must comply commencing January 1, 2024.

B. Large Venue or Large Event operators not providing Food Services, but allowing for food to be provided by others, shall require Food Facilities operating at the Large Venue or Large Event to comply with the requirements of this section, commencing January 1, 2024.

C. Commercial Edible Food Generators shall comply with the following requirements:

1. Arrange to recover the maximum amount of Edible Food that would otherwise be disposed.

2. Contract or enter into a written agreement with Food Recovery Organizations or Food Recovery Service for: ( i) the collection of Edible Food for Food Recovery; or ( ii) acceptance of the Edible Food that the Ordinance No. 22- Page 3 of 8
1035
Commercial Edible Food Generator self- hauls to the Food Recovery Organization for Food Recovery.

3. Shall not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service.

4. Allow the San Joaquin County Environmental Health Department, or the City' s designated enforcement entity or designated third party enforcement entity to access the premises and review records.

5. Keep records that include the following information:
a. A list of each Food Recovery Service or Organization that collects or receives its Edible Food pursuant to a contract or written agreement.
b. A copy of all contracts or written agreements.
c. A record of the following information for each of those Food Recovery Services or Food Recovery Organizations:

1. The name, address, and contact information of the
Food Recovery Service or Food Recovery
Organization.

2. The types of food that will be collected by or Selfhauled to the Food Recovery Service or Food Recovery Organization.

3. The established frequency that food will be collected or Self- hauled.

4. The quantity of food, measured in pounds recovered
per month, collected or Self- hauled to a Food
Recovery Service or Food Recovery Organization for
Food Recovery.

D. The City may adopt a fee by resolution to charge Commercial Edible Food Generators for the San Joaquin County Environmental Health Department' s time to implement inspection, record keeping, and enforcement provisions for Commercial Edible Food Generators.

E. Requirements for Food Recovery Organizations and Services:

I. Food Recovery Services collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement shall maintain the following records,
Ordinance No. 22- Page 4 of 8
1036
a. The name, address, and contact information for each
Commercial Edible Food Generator from which the service collects Edible Food.
b. The quantity in pounds of Edible Food collected from each Commercial Edible Food Generator per month.
c. The quantity in pounds of Edible Food transported to each Food Recovery Organization per month.
d. The name, address, and contact information for each Food Recovery Organization for which the Food Recovery Service transports Edible Food for Food Recovery.

II. Food Recovery Organizations collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement shall maintain the following records, a. The name, address, and contact information for each
Commercial Edible Food Generator from which the organization receives Edible Food.
b. The quantity in pounds of Edible Food received from each Commercial Edible Food Generator per month.
c. The name, address, and contact information for each Food Recovery Service from which the organization receives Edible Food for Food Recovery.

F. Food Recovery Organizations and Food Recovery Services that have their primary address physically located in the City and contract with or have written agreements with one or more Commercial Edible Food shall report to the City it is located in the total pounds of Edible Food recovered in the previous calendar year from the Tier One and Tier Two Commercial Edible Food Generators they have established a contract or written agreement with no later than March 1, July 1, and September 1 annually.

G. In order to support Edible Food Recovery capacity planning assessments or other studies, Food Recovery Services and Food Recovery Organizations operating in the City shall provide information and consultation to the City, upon request, regarding existing, or proposed new or expanded, Food Recovery capacity that could be accessed by the City and its Commercial Edible Food Generators. A Food Recovery Service or Food Recovery Organization contacted by the City shall respond to such request for information within 60 days, unless a shorter timeframe is otherwise specified by the City.

H. The City may adopt a fee by resolution to charge Food Recovery Services and Food Recovery Organizations operating in the City for the San Joaquin Ordinance No. 22- Page 5 of 8
1037
County Environmental Health Department' s time to implement inspection, record keeping, and enforcement provisions for Food Recovery Services and Food Recovery Organizations operating in the City.

I. The City or its Designee may, from time to time, inspect all premises within the City to determine compliance with and to enforce the provisions of this chapter.

J. City representatives and/ or its Designees are authorized to conduct Inspections and investigations, Commercial Edible Food Generators, Food Recovery Services, and Food Recovery Organizations, subject to applicable laws.

K. The regulated entity shall provide or arrange for access during all Inspections and shall cooperate with the City' s employee or its Designee during such Inspections and investigations. Such Inspections and investigations may include confirmation of Edible Food Recovery activities, records, or any other requirement described herein.

L. City representatives, its Designee are authorized to conduct any Inspections or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws.

M. Beginning January 1, 2022 and through December 31, 2023, the City or its Designee will conduct Inspections and Compliance Reviews, to determine compliance with the SB 1383 Regulations, and if the City determines that an Tier One Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other generator is not in compliance, it shall provide educational materials describing its obligations under this chapter and a notice that compliance is required as of January 1, 2022, and that violations may be subject to penalties starting on January 1, 2024.

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.

Ordinance No. 22-

1038
Section 5. Publication. The City Clerk shall certify to the adoption of this ordinance and shall publish a summary thereof and post a certified copy of the full ordinance in the office of the City Clerk at least five days prior to the adoption of the proposed ordinance; and within fifteen days after adoption, the City Clerk shall publish a summary of the ordinance with the names of the members of the City of Lathrop City Council voting for and against the same.

Ordinance No. 22- Page 7 of 8
1039
THIS ORDINANCE was regularly introduced at a Special Meeting of the City Council of the City of Lathrop on the 16th day of May, and was PASSED AND ADOPTED at a regular meeting of the City Council of the City of Lathrop on day of by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FOR :

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney Ordinance No. 22- Page 8 of 8
1040
ITEM 5. 2

CITY MANAGER' S REPORT
MAY 16, 2022 CITY COUNCIL SPECIAL 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 ADOPTING A

POLICY FOR THE USE OF MILITARY EQUIPMENT BY

THE NEW LATHROP POLICE DEPARTMENT
RECOMMENDATION: The Council to Consider the Following Items:
i. 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. 20
Titled ' Military Equipment Use Policy" to
Establish a Policy for the Proper Use, Funding and
Acquisition of Military Style Equipment as Set
Forth by Assembly Bill 481 ( Chieu)

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. 20 Titled Military Equipment Use
Policy" to Establish a Policy for the Proper Use,
Funding and Acquisition of Military Style
Equipment as Set Forth by Assembly Bill 481
Chieu)
SUMMARY:

A recently implemented State law, California Assembly Bill 481 ( AB- 481), codified in California Government Code sections 7070- 7075, requires local Police Departments to implement a new military equipment use policy via ordinance.

Staff is requesting that the City Council hold a public hearing, and consider an Urgency Ordinance adopting the new Lathrop Police Department Military Equipment Policy, 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 hold a second public hearing, introduce, and conduct the first reading of an Ordinance adopting the new Lathrop Police Department Military Equipment Policy. 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 in compliance with the new law should certain equipment on the list be needed prior to July 15, 2022, when the regular Ordinance goes into effect. 1041
CITY MANAGER' S REPORT Page 2
MAY 16, 2022 CITY COUNCIL SPECIAL MEETING

PUBLIC HEARINGS TO CONSIDER URGENCY & REGULAR ORDINANCE FOR

USE OF MILITARY EQUIPMENT BY THE NEW LATHROP POLICE DEPARTMENT BACKGROUND:

Assembly Bill 481 Background
On September 30, 2021, Governor Newsom signed into law seven ( 7) major peace officer reform bills, including Assembly Bill 481, which was authored by Assembly Member David Chieu to address the funding, acquisition and use of items lawmakers deem to be considered military equipment. This bill requires law enforcement agencies, including the new Lathrop Police Department, to obtain approval of the applicable governing body, by adoption of a military equipment use policy, as specified, by ordinance at a regular meeting held pursuant to specified open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as de ned.

AB 481 requires each law enforcement agency' s governing body to adopt a written military equipment use policy by ordinance in a public forum by April 30, 2022, to continue using this previously acquired military equipment, effective May 1, 2022.

The Government code states the May 1, 2022 as the deadline for any existing law enforcement agency to begin the governing body approval process if the agency acquired equipment before January 1, 2022.

Since the City of Lathrop is currently transitioning into its own Police Department, with a commission start date of July 1, 2022, and currently under the jurisdiction of the San Joaquin County Sheriff' s ofFice, the City has time to establish the military policy outside of the required deadlines. In accordance with AB 481, the new Lathrop Police Department has created a Draft Military Equipment Use Policy and List. Per the statute, " military equipment use policy" means a publicly released, written document governing the use of military equipment by a law enforcement agency or a state agency that addresses, at a minimum, all of the following:
i. A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment.

2. The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment.

3. The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.

4. The legal and procedural rules that govern each authorized use.

5. The training, including any course required by the Commission on Peace OfFicer Standards and Training ( POST), that must be completed before any ofFicer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public' s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy.
1042
CITY MANAGER' S REPORT Page 3
MAY 16, 2022 CITY COUNCIL SPECIAL MEETING

PUBLIC HEARINGS TO CONSIDER URGENCY & REGULAR ORDINANCE FOR

USE OF MILITARY EQUIPMENT BY THE NEW LATHROP POLICE DEPARTMENT

6. The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.

7. For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.

Requirements of AB 481
Assembly Bill ( AB) 481 requires each law enforcement agency' s governing body to adopt a written military use policy by ordinance in addition to other requirements by the bill. The following are required:

Publish the draft military equipment use policy to the Police Department's website 30 days ahead of a public hearing to approve the policy.

Obtain approval by the applicable governing body ( Mayor and City Council), by adoption of a military equipment use policy prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined.

See definitions below)
Publish an annual report by the law enforcement agency to include each type of military equipment approved by the governing body.

Annual review of the military equipment use ordinance by the governing body, and option to either disapprove a renewal of a type of military equipment or amend the military equipment use policy if it determines that the military equipment does not comply with standards for approval.

Hold at least one well publicized and conveniently located community engagement meeting within 30 days of submitting and publicly releasing the annual military equipment report.

Definition of Military Equipment ( Government Code 7070) AB 481 designates the following 15 categories of items as military equipment:
i. Unmanned, remotely piloted, powered aerial or ground vehicles

2. Mine- resistant ambush- protected vehicles ( MRAP) or armored personnel carriers.

3. High mobility multipurpose wheeled vehicles ( HMMWV), commonly referred to as Humvees, two and one- half-ton trucks, five- ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached.
1043
CITY MANAGER' S REPORT Page 4
MAY 16, 2022 CITY COUNCIL SPECIAL MEETING

PUBLIC HEARINGS TO CONSIDER URGENCY & REGULAR ORDINANCE FOR

USE OF MILITARY EQUIPMENT BY THE NEW LATHROP POLICE DEPARTMENT

4. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.

5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.

6. Weaponized aircraft, vessels, or vehicles of any kind.

7. Battering rams, slugs, and breaching apparatuses that are explosive in nature.

8. Firearms of . 50 caliber or greater, excluding standard issue shotguns.

9. Ammunition of . 50 caliber or greater, excluding standard issue shotgun ammunition

10. Specialized firearms and ammunition of less than . 50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard- issue handguns/ weapons and ammunition of less than . 50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency.

11. Any firearm or firearm accessory that is designed to launch explosive projectiles

2. Flashbang" grenades and explosive breaching tools, " tear gas," and " pepper balls," excluding standard, service- issued handheld pepper spray

13. Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device ( LRAD).

14. Projectile launch platforms and their associated munitions including 40mm projectile launchers, " bean bag," rubber bullet, and specialty impact munition SIM) weapons.

15. Any other equipment as determined by a governing body or a state agency to require additional oversight
As mentioned under " Requirements of AB 481", the ordinance is subject to annual City Council review to determine whether, based on an annual military equipment report, the standards set forth in the approving ordinance have been met. The City Council may renew the authorizing ordinance, disapprove authorization for particular military equipment where standards have not been met, or require modifications to this military equipment use procedure to address any non- compliance with standards.

Finally, the bill requires publication of this military equipment use procedure and the annual military equipment report on the Department' s website. The military equipment use procedure must be posted on the website at least 30 days prior to the Council meeting. On April 15, 2022, the City issued a press release announcing the launch of the required website page on the City' s Police Department Transition page:
https•// www ci lathrop ca us/ city- manager/ page/ assembly- bill- ab- 481) 1044
CITY MANAGER' S REPORT Page 5
MAY 16, 2022 CITY COUNCIL SPECIAL MEETING

PUBLIC HEARINGS TO CONSIDER URGENCY & REGULAR ORDINANCE FOR

USE OF MILITARY EQUIPMENT BY THE NEW LATHROP POLICE DEPARTMENT FISCAL IMPACT:

The direct fiscal impact to the City of Lathrop for the AB 481 qualifying equipment owned / to be utilized by the new Lathrop Police Department is listed below ( and can be found in Section 1 of the Equipment List ( Attachment D)):

Equipment Name Quantity Cost of Equipment
Owned
Sought

5. 56 mm Semiautomatic 35 owned ( 16") Initial cost $ 43, 124. 81; ongoing Rifles and ammo - CA costs for ammunition will vary;
Gov' t Code § 7070( c)( 10) maintenance will be conducted by police department staff.
40mm Launchers and 8 Initial cost $ 6, 979. 20; ongoing rounds costs for ammunition will vary;
maintenance will be conducted by
police department staff.

From time to time, the new Lathrop Police Department may be required to assist or be assisted by other law enforcement agencies in a formal Law Enforcement Mutual Aid Request, or support with day- to- day operational collaboration. These partnerships with allied law enforcement agencies and the ability to provide mutual aid and operation collaboration is an integral part of maintaining the continuity of public safety within the region. In certain mutual aid operational collaboration circumstances, it may be necessary for the new Lathrop Police Department to utilize military equipment to fulfill an assignment mission ( i. e. SWAT/ law enforcement requests or other critical incidents). In those situations, the new Lathrop Police Department sworn staff are required to adhere to the Department' s Military Use Procedures and all related Department policies and procedures, regardless of operational jurisdiction. Conversely, should another law enforcement agency assist in mutual aid request in the City of Lathrop, this proposed procedure has been established to ensure that their use of military equipment is consistent with the guidelines set forth within the new Lathrop Police Department's Military Equipment Use Policy.

Therefore, the equipment list on Section 2 of the Equipment List ( Attachment D) pertains to specialized equipment inventory known to be owned and / or to be utilized by law enforcement agencies, which the new Lathrop Police Department intents to collaborate with and / or may require assistance from, in a mutual- aid situation for enhanced law enforcement services. In which the equipment owned, maintained, and operated belongs to another agency within the mutual aid agreement. 1045
CITY MANAGER' S REPORT Page 6
MAY 16, 2022 CITY COUNCIL SPECIAL MEETING

PUBLIC HEARINGS TO CONSIDER URGENCY & REGULAR ORDINANCE FOR

USE OF MILITARY EQUIPMENT BY THE NEW LATHROP POLICE DEPARTMENT REASON FOR RECOMMENDATION:

Staff recommends approval of the Urgency and Regular/ Standard Ordinance in order for the new Lathrop Police Department to comply with the recently implemented State law, California Assembly Bill 481 ( AB- 481), codified in California Government Code sections 7070- 7075, requiring local Police Departments to implement a new military equipment use policy via ordinance.

ATTACH M ENTS:

A. Urgency Ordinance Approving Amending Title 9 Public Peace and Welfare" of the Lathrop Municipal Code by Adding New Chapter 9. 20 Titled Military Equipment Use Policy" to Establish a Policy for the Proper Use, Funding and Acquisition of Military Style Equipment as Set Forth by Assembly Bill 481 Chieu)
B. Ordinance Approving Amending Title 9 ' Public Peace and Welfare" of the Lathrop Municipal Code by Adding New Chapter 9. 20 Titled " Military Equipment Use Policy" to Establish a Policy for the Proper Use, Funding and Acquisition of Military Style Equipment as Set Forth by Assembly Bill 481 Chieu)
C. AB 481 Draft Policy for the new Lathrop Police Department D. AB 481 Equipment List for the new Lathrop Police Department 1046
CITY MANAGER' S REPORT Page 7
MAY 16, 2022 CITY COUNCIL SPECIAL MEETING

PUBLIC HEARINGS TO CONSIDER URGENCY & REGULAR ORDINANCE FOR

USE OF MILITARY EQUIPMENT BY THE NEW LATHROP POLICE DEPARTMENT APPROVALS:
1 G'
T resa Vargas Date
G vernment Services irector
ity Clerk
J 9 t?
S en Sea y,f Da e
Police Commander
C s j
Raymond Bechler Date
Chief of Police
S/. a
Cari James Date
Finance Di e tor
S 3 Zo Z L
Salvador Navarrete Date
City Attorney
v •ZZ
Stephen J. Salvatore Date
City Manager
1047
A' A I MENT ....

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. 20 TITLED MILITARY EQUIPMENT USE POLICY" TO ESTABLISH A POLICY FOR THE PROPER USE,

FUNDING AND ACQUISITION OF MILITARY STYLE EQUIPMENT AS SET FORTH BY ASSEMBLY BILL 481
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, on September 30, 2021, Governor Newsom signed into law seven 7) major peace officer reform bills, including Assembly Bill ( AB) 481 ( Sections 7070, 7071, and 7072 to the California Government), which was authored by Assembly Member David Chieu to address the funding, acquisition and use of items lawmakers deem to be considered military equipment; and
WHEREAS, AB 481 seeks to provide transparency, oversight, and an opportunity for meaningful public input on decisions regarding whether and how military equipment is funded, acquired, or used; and
WHEREAS, AB 481 requires each law enforcement agency' s governing body to adopt a written military equipment use policy by ordinance in a public forum by April 30, 2022, to continue using this previously acquired military equipment, effective May 1, 2022; and
WHEREAS, the Government code states the May 1, 2022, as the deadline for any existing law enforcement agency to begin the governing body approval process if the agency acquired equipment before January 1, 2022; and WHEREAS, the City of Lathrop is currently transitioning into its own Police Department, with a commission start date of July 1, 2022, and is currently under the jurisdiction of the San Joaquin County Sheriff's office, therefore, the City has time to establish the military policy outside of the required deadlines; and WHEREAS, the City of Lathrop' s new Police Department intents to possess certain items of equipment that qualify as military equipment" under AB 481; and WHEREAS, AB 481 requires that a law enforcement agency possessing and using such qualifying equipment prepare a publicly released, written, military equipment use policy document covering the inventory, description, purpose, use, acquisition, maintenance, fiscal impacts, procedures, training, oversight, and complaint process, applicable to the Department' s use of such equipment; WHEREAS, the new Lathrop Police Department has created a draft military equipment use policy, in compliance with AB 481; and
Urgency Ordinance No. 22-
1048
WHEREAS, the Policy and supporting information must be approved by the governing body by ordinance, and reviewed annually; and WHEREAS, the City Council of the City of Lathrop having received the information required under AB 481 regarding the new Lathrop Police Department' s proposed use of military equipment as defined in said law, deems it to be in the best interest of the City to approve the military equipment use policy and List as set forth herein.

WHEREAS, the adoption of the Urgency Ordinance would allow Officers the ability to use specialty equipment listed under the new military equipment use policy should it be required under special circumstances until the regular Ordinance has taken effect; and
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 under AB 481; 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 May 16, 2022, public hearing.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lathrop does hereby ordain as follows:

Title 9 of the Lathrop Municipal Code, titled " Public Peace and Welfare" is hereby amended by adding new Chapter 9. 20 titled ' Military Equipment Use Policy" to read in its entirety as follows"
CHAPTER 9. 20 MILITARY EQUIPMENT USE POLICY

9. 20. 010 Definitions
A. " Military Equipment" includes all of the following ( Per Gov. Code § 7070):

1. Unmanned, remotely piloted, powered aerial or ground vehicles.

2. Mine- resistant ambush- protected ( MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision.

Urgency Ordinance No. 22-
1049

3. High mobility multipurpose wheeled vehicles ( HMMWV), commonly referred to as Humvees, two and one- half-ton trucks, five- ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all- terrain vehicles ( ATVs) and motorized dirt bikes are specifically excluded from this subdivision.

4. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.

5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.

6. Weaponized aircraft, vessels, or vehicles of any kind.

7. Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.

8. Firearms of . 50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.

9. Ammunition of . 50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision. lO. Specialized firearms and ammunition of less than . 50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than . 50 caliber that are issued to ofFicers, agents, or employees of a law enforcement agency or a state agency.

11. Any rearm or firearm accessory that is designed to launch explosive projectiles.

12. Flashbang" grenades and explosive breaching tools, tear gas," and pepper balls," excluding standard, service- issued handheld pepper spray.

13. Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device ( LRAD).

14.The following projectile launch platforms and their associated munitions:
40mm projectile launchers, " bean bag," rubber bullet, and specialty impact munition ( SIM) weapons.

15. Any other equipment as determined by a governing body or a state agency to require additional oversight.

Urgency Ordinance No. 22-
1050

16. Notwithstanding paragraphs ( 1) through ( 15), military equipment" does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.

B. " Police Department" means any division, section, bureau, employee, volunteer and / or contractor of the new Lathrop Police Department, established ] uly 1, 2022
C. Military Equipment Use Policy" means a publicly released, written document governing the use of military equipment by a law enforcement agency or a state agency that addresses, at a minimum, all of the following:

1. A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment.

2. The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment.

3. The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.

4. The legal and procedural rules that govern each authorized use.

5. The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public' s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy.

6. The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.

7. For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.

D. " Type" means each item that shares the same manufacturer model number.

Urgency Ordinance No. 22-
1051

9. 20. 020. Military Equipment Use Policy Approval Requirement A. The Lathrop Police Department shall obtain approval of the City Council, by an ordinance adopting a Military Equipment Use Policy at a regular meeting of the City Council, prior to engaging in any of the following:

1. Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code.

2. Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, inkind donations, or other donations or transfers.

3. Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.

4. Collaborating with another law enforcement agency in the deployment or other use of military equipment within the territorial jurisdiction of the City of Lathrop.

5. Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the City Council body pursuant to this chapter.

6. Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, military equipment.

7. Acquiring military equipment through any means not provided by this section.

B. In seeking the approval of the City Council, the Lathrop Police Department shall submit a proposed military equipment use policy to the City Council and make those documents available on the City' s law enforcement agency' s internet website at least 30 days prior to any public hearing concerning the military equipment at issue.

C. The City Council shall only approve a military equipment use policy pursuant to this chapter is it determines all of the following:

1. The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

2. The proposed military equipment use policy will safeguard the public' s welfare, safety, civil rights, and civil liberties.

Urgency Ordinance No. 22-
1052

3. If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

4. Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

D. In order to facilitate public participation, any proposed or final military equipment use policy shall be made publicly available on the internet website of the relevant law enforcement agency for as long as the military equipment is available for use.

9. 20. 030. Annual Report Requirements
A. The Lathrop Police Department shall submit to the City Council an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use.

B. The Lathrop Police Department shall also make each annual military equipment report required by this section publicly available on its internet website for as long as the military equipment is available for use.

C. The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:

1. A summary of how the military equipment was used and the purpose of its use.

2. A summary of any complaints or concerns received concerning the military equipment.

3. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.

4. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.

5. The quantity possessed for each type of military equipment.

6. If the Lathrop Police Department intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.

Urgency Ordinance No. 22-
1053
D. Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the Lathrop Police Department shall hold at least one well- publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency' s funding, acquisition, or use of military equipment.

9. 20. 040. Annual Review and Renewal Process of Ordinance Approving the Military Equipment Use Policy
A. Following submittal of the annual military equipment report required by Section 9. 20. 030, the City Council shall consider a proposed military equipment use policy as an agenda item for an open session of a regular meeting and provide for public comment.

B. The governing body shall determine, based on the annual military equipment report submitted, whether each type of military equipment identified in that report has complied with the standards for approval set forth in Section

9. 20. 20. If the City Council determines that a type of military equipment identified in that annual military equipment report has not complied with the standards required for approval, the City Council shall either disapprove a renewal of the authorization for that type of military equipment or require modifications to the military equipment use policy in a manner that will resolve the lack of compliance.

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.

Urgency Ordinance No. 22-
1054
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.

THIS URGENCY ORDINANCE was introduced, PASSED AND ADOPTED at the special meeting of the City Council of the City of Lathrop on the 16t" day of May 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-
1055
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. 20 TITLED " MILITARY EQUIPMENT USE POLICY" TO ESTABLISH A POLICY FOR THE PROPER USE, FUNDING AND

ACQUISITION OF MILITARY STYLE EQUIPMENT AS SET FORTH BY ASSEMBLY BILL 481
WHEREAS, on September 30, 2021, Governor Newsom signed into law seven 7) major peace officer reform bills, including Assembly Bill ( AB) 481 ( Sections 7070, 7071, and 7072 to the California Government), which was authored by Assembly Member David Chieu to address the funding, acquisition and use of items lawmakers deem to be considered military equipment; and
WHEREAS, AB 481 seeks to provide transparency, oversight, and an opportunity for meaningful public input on decisions regarding whether and how military equipment is funded, acquired, or used; and
WHEREAS, AB 481 requires each law enforcement agency' s governing body to adopt a written military equipment use policy by ordinance in a public forum by April 30, 2022, to continue using this previously acquired military equipment, effective May 1, 2022; and
WHEREAS, the Government code states the May 1, 2022, as the deadline for any existing law enforcement agency to begin the governing body approval process if the agency acquired equipment before January 1, 2022; and WHEREAS, the City of Lathrop is currently transitioning into its own Police Department, with a commission start date of July 1, 2022, and is currently under the jurisdiction of the San Joaquin County Sheriff' s office, therefore, the City has time to establish the military policy outside of the required deadlines; and WHEREAS, the City of Lathrop' s new Police Department intents to possess certain items of equipment that qualify as " military equipment" under AB 481; and WHEREAS, AB 481 requires that a law enforcement agency possessing and using such qualifying equipment prepare a publicly released, written, military equipment use policy document covering the inventory, description, purpose, use, acquisition, maintenance, fiscal impacts, procedures, training, oversight, and complaint process, applicable to the Department' s use of such equipment; WHEREAS, the new Lathrop Police Department has created a draft military equipment use policy, in compliance with AB 481; and
WHEREAS, the Policy and supporting information must be approved by the governing body by ordinance, and reviewed annually; and Ordinance No. 22-
1056
WHEREAS, the City Council of the City of Lathrop having received the information required under AB 481 regarding the new Lathrop Police Department' s proposed use of military equipment as defined in said law, deems it to be in the best interest of the City to approve the military equipment use policy and List as set forth herein.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lathrop does hereby ordain as follows:

Section 1.

Title 9 of the Lathrop Municipal Code, titled Public Peace and Welfare" is hereby amended by adding new Chapter 9. 20 titled Military Equipment Use Policy" to read in its entirety as follows"
CHAPTER 9. 20 MILITARY EQUIPMENT USE POLICY

9. 20.010 Definitions
A. " Military Equipment" includes all of the following ( Per Gov. Code 7070):

1. Unmanned, remotely piloted, powered aerial or ground vehicles.

2. Mine- resistant ambush- protected ( MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision.

3. High mobility multipurpose wheeled vehicles ( HMMWV), commonly referred to as Humvees, two and one- half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all- terrain vehicles ( ATVs) and motorized dirt bikes are specifically excluded from this subdivision.

4. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.

5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.

6. Weaponized aircraft, vessels, or vehicles of any kind.

7. Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.

8. Firearms of . 50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.

Ordinance No. 22-
1057

9. Ammunition of . 50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.

10. Specialized firearms and ammunition of less than . 50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than . 50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency.

11. Any firearm or firearm accessory that is designed to launch explosive projectiles.

12. Flashbang" grenades and explosive breaching tools, ' tear gas," and pepper balls," excluding standard, service- issued handheld pepper spray.

13. Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device ( LRAD).

14. The following projectile launch platforms and their associated munitions:
40mm projectile launchers, bean bag," rubber bullet, and specialty impact munition ( SIM) weapons.

15. Any other equipment as determined by a governing body or a state agency to require additional oversight.

16. Notwithstanding paragraphs ( 1) through ( 15), " military equipment" does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.

B. " Police Department" means any division, section, bureau, employee, volunteer and / or contractor of the new Lathrop Police Department, established ] uly 1, 2022
C. Military Equipment Use Policy" means a publicly released, written document governing the use of military equipment by a law enforcement agency or a state agency that addresses, at a minimum, all of the following:

1. A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment.

2. The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment.

3. The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.

Ordinance No. 22-
1058

4. The legal and procedural rules that govern each authorized use.

5. The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public' s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy.

6. The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.

7. For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.

D. " Type" means each item that shares the same manufacturer model number.

9. 20. 020. Military Equipment Use Policy Approval Requirement A. The Lathrop Police Department shall obtain approval of the City Council, by an ordinance adopting a Military Equipment Use Policy at a regular meeting of the City Council, prior to engaging in any of the following:

1. Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code.

2. Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, inkind donations, or other donations or transfers.

3. Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.

4. Collaborating with another law enforcement agency in the deployment or other use of military equipment within the territorial jurisdiction of the City of Lathrop.

5. Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the City Council body pursuant to this chapter.

Ordinance No. 22-
1059

6. Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, military equipment.

7. Acquiring military equipment through any means not provided by this section.

B. In seeking the approval of the City Council, the Lathrop Police Department shall submit a proposed military equipment use policy to the City Council and make those documents available on the City' s law enforcement agency' s internet website at least 30 days prior to any public hearing concerning the military equipment at issue.

C. The City Council shall only approve a military equipment use policy pursuant to this chapter is it determines all of the following:

1. The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

2. The proposed military equipment use policy will safeguard the public' s welfare, safety, civil rights, and civil liberties.

3. If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

4. Prior military equipment use complied with the military equipment use policy that was in efFect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

D. In order to facilitate public participation, any proposed or final military equipment use policy shall be made publicly available on the internet website of the relevant law enforcement agency for as long as the military equipment is available for use.

9. 20. 030. Annual Report Requirements
A. The Lathrop Police Department shall submit to the City Council an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use.

B. The Lathrop Police Department shall also make each annual military equipment report required by this section publicly available on its internet website for as long as the military equipment is available for use.

Ordinance No. 22-
1060
C. The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:

1. A summary of how the military equipment was used and the purpose of its use.

2. A summary of any complaints or concerns received concerning the military equipment.

3. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.

4. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.

5. The quantity possessed for each type of military equipment.

6. If the Lathrop Police Department intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment
D. Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the Lathrop Police Department shall hold at least one well- publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency' s funding, acquisition, or use of military equipment.

9. 20.040. Annual Review and Renewal Process of Ordinance Approving the Military Equipment Use Policy
A. Following submittal of the annual military equipment report required by Section 9. 20. 030, the City Council shall consider a proposed military equipment use policy as an agenda item for an open session of a regular meeting and provide for public comment.

B. The governing body shall determine, based on the annual military equipment report submitted, whether each type of military equipment identified in that report has complied with the standards for approval set forth in Section

9. 20. 20. If the City Council determines that a type of military equipment identified in that annual military equipment report has not complied with the standards required for approval, the City Council shall either disapprove a renewal of the authorization for that type of military equipment or require Ordinance No. 22-
1061
modifications to the military equipment use policy in a manner that will resolve the lack of compliance.

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-
1062
THIS ORDINANCE was introduced at a meeting of the City Council of the City of Lathrop on the 16th day of May 2022, and was PASSED AND ADOPTED at a regular meeting of the City Council of the City of Lathrop on the 13t'' day of June 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-
1063
Lathrop Police Department
Policy Manual
V
ATTi CH M ENT .._, Military Equipment
706. 1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment ( Government Code § 7070; Government Code § 7071; Government Code § 7072).

California Government Code section 7071( b) requires that law enforcement agencies submit a proposed Military Equipment Use Policy to their governing body for approval. California Government Code §7070( c) provides a list of equipment types that are considered to be " military equipment" for purposes of this policy requirement, and this Military Equipment Use Policy includes information for any such equipment types that are possessed by the Lathrop Police Department, or reasonably likely to be deployed in Lathrop by its law enforcement partners. 706. 1. 1 DEFINITIONS
California Government Code section 7070(d) defines a Military Equipment Use Policy as a publicly released written document that includes, at a minimum, all of the following:

1. A description of each type of Military Equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the Military Equipment.

2. The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of Military Equipment.

3. The fiscal impact of each type of Military Equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.

4. The legal and procedural rules that govern each authorized use.

5. The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of Military Equipment to ensure the full protection of the public's welfare, safety, civil rights, and civil liberties and full adherence to the Military Equipment use policy.

6. The mechanisms to ensure compliance with the Military Equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.

7. For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of Military Equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner Governing body—The elected or appointed body that oversees the Department.

Military equipment— Includes but is not limited to the following:

1. Unmanned, remotely piloted, powered aerial or ground vehicles.

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2. Mine- resistant ambush- protected ( MRAP) vehicles or armored personnel carriers.

3. High mobility multipurpose wheeled vehicles ( HMMWV), two- and- one- half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached.

4. Tracked armored vehicles that provide ballistic protection to their occupants.

5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.

6. Weaponized aircraft, vessels, or vehicles of any kind.

7. Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one- person ram.

8. Firearms and ammunition of . 50 caliber or greater, excluding standard- issue shotguns and standard- issue shotgun ammunition.

9. Specialized firearms and ammunition of less than . 50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard- issue firearms.

10. Any firearm or firearm accessory that is designed to launch explosive projectiles.

11. Noise- flash diversionary devices and explosive breaching tools.

12. Munitions containing tear gas or OC, excluding standard, service- issued handheld pepper spray.

13. TASERO Shockwave, microwave weapons, water cannons, and long- range acoustic devices ( LRADs).

14. Kinetic energy weapons and munitions.

15. Any other equipment as determined by a governing body or a state agency to require additional oversight.

16. Notwithstanding paragraphs ( 1) through ( 15), " Military Equipment" does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.
706. 2 POLICY
It is the policy of the Lathrop Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 706. 3 COLLABORATION OR COORDINATION WITH OTHER AGENCIES Law enforcement agencies responding to a call for mutual aid or who participate in collaboration with Lathrop Police Department within the City of Lathrop shall adhere to their own policies on the use of military equipment.
706.4 POLICY COMPLIANCE
Government Code section 7070 requires that this policy specify the mechanisms to be used by the Department to ensure compliance with this policy. Complaints regarding violations of this policy Copyright Lexipol, LLC 2022/ 04I15, All Rights Reserved. DRAFT*** Military Equipment- 2 Published with permission by Lathrop Police Department 1065
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Military Equipment
are subject to investigation and discipline in accordance with Policy 1020, and other policies of the Department related to officer discipline. Complaints, questions, or other inquiries can be made as described below in the Public Involvement section. Further, The Chief will designate a Military Equipment Coordinator, whose responsibilities are described herein, which will include assisting with ensuring compliance with this policy.
706. 5 PUBLIC INVOLVEMENT
Pursuant to California Government Code § 7070( d)( 7), members of the public may register complaints or concerns or submit questions about the use of each specific type of Military Equipment in this policy by any of the following means:
a) Via email to: rbechler@ci. lathrop. ca. us
b) Via phone call to: ( 209) 647- 6401
c) Via mail sent to: Lathrop Police Department Attn: Military Equipment Coordinator, 390 Towne Centre Dr. Lathrop, CA 95330.

The Lathrop Police Department is committed to responding to complaints, concerns and/ or questions received through any of the above methods in a timely manner. 706.6 MILITARY EQUIPMENT COORDINATOR
The Chief of Police shall designate a member of this department to act as the military equipment coordinator. The responsibilities ofthe military equipment coordinator include but are not limited to:
a) Acting as liaison to the governing body for matters related to the requirements of this policy.
b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
c) Conducting an inventory of all military equipment at least annually. d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Lathrop Police Department( Government Code § 7071). e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

Publicizing the details of the meeting.

Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website( Government Code § 7072).
g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.

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Military Equipment
706. 7 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well- publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
706. 8 MILITARY EQUIPMENT INVENTORY
Pursuant to Government Code section 7070( d), the below provides a description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment. This section will include the purposes and authorized uses, the fiscal impact, the legal and procedural rules that govern the use, and the training required, for each type of military equipment. This section of the Military Equipment Use Policy is divided into two sections.

Section One lists qualifying equipment that is owned and/ or utilized by the Lathrop Police Department.

Section Two lists qualifying equipment not previously listed in this policy, that is not owned or regularly utilized by the Lathrop Police Department, but which is known to be owned and/ or utilized by the Manteca/ Ripon Regional SWAT Team, for which the Lathrop Police Department is a participating agency. While the equipment in Section Two is not purchased, owned, or maintained by the Lathrop Police Department, it could be used in the City of Lathrop if Manteca/ Ripon SWAT is deployed, and is therefore included in this Military Equipment Use Policy. It is important to note that Manteca/ Ripon SWAT is generally only deployed in extreme circumstances such as active shooter incidents, hostage situations, and the execution of high risk search and arrest warrants.

The equipment Manteca/ Ripon SWAT possesses is rarely deployed but could prove essential to emergency operations when needed.
706. 9 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue ( Government Code§ 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following ( Government Code § 7071):
a) Requesting military equipment made available pursuant to 10 USC § 2576a. b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in- kind donations, or other donations or transfers.

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Military Equipment
c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
g) Acquiring military equipment through any means not provided above. 706. 10 COORDINATION WITH OTHER JURISDICTIONS
Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this policy. 706. 11 ANNUAL REPORT
Pursuant to California Government Code § 7070( d)( 6), and in accordance with California Government Code § 7072, the Lathrop Police Department will submit to the Lathrop City Council an Annual Military Equipment Report and will make that report publicly available on its internet website. The Annual Military Equipment Report required by this section will remain publicly available on the City' s internet website for as long as the military equipment is available for use.

In addition, within 30 days of submitting and publicly releasing an Annual Military Equipment Report pursuant to this section, the Police Department shall hold at least one well- publicized and conveniently located community engagement meeting. The Annual Military Equipment Report will include the following information for the immediately preceding calendar year for each type of military equipment:
a) A summary of how the military equipment was used and the purpose of its use. b) A summary of any complaints or concerns received concerning the military equipment. c) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. d) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report. e) The quantity possessed for each type of military equipment. f) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.

The Lathrop City Council will use the Annual Military Equipment Report as a mechanism to ensure the Lathrop Police DepartmenYs compliance with this Military Equipment Use Policy, and to help it Copyright Lexipol, LLC 2 022104/ 1 5, All Rights Reserved. DRAFT*** Military Equipment- 5 Published with permission by Lathrop Police Department 1068
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determine whether to approve, revise, or revoke components of the Military Equipment Use Policy for the subsequent year.

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ATTAC I VT ....

LATHROP POLICE DEPARTMENT EQUIPMENT LIST
Section One: Oualifyin Equipment Owned/ Utilized bv the Lathrop Police Department Equipment Name: 5. 56 mm Semiautomatic Rifles and ammo - CA Gov' t Code § 7070( c)( 10) Quantity Owned/ Sought: 35 owned( 16")
Lifespan: 15 years
Equipment CapabiliNes: The Colt M4 semiautomatic rifle is capable of firing 5. 56 mm projectile bullet.

SPEER GOLD DOT . 223 CALIBER 62 GRAIN RIFLE ROUND, cost: $ 260 per case of 500, quantity: 1700 rounds. Remington ammunition made by Speer is reloadable, features nickelplated brass cases and Boxer primers, and this is a non- corrosive round. The Gold Dot LE ammunition goes through a process ofjoining the jacket and core one molecule at a time, thanks to this, Speer eradicates the potential for the leading cause of bullet failure( jackebcore separation). This process will guarantee extraardinary weight retention through barriers as strong as auto- glass. In addition to its remarkable strength, Gold Dot rifle aininunition asserts remarkable accuracy. With exact tolerances and unparalleled bullet uniformity ofjacket thickness.

Manufacturer Product Description: Colt MLOK 5. 56 CR6920- EPR RIFLE REPL CR6933- EPR W/ 16" Barrel
Action: Gas Operated Semi- Auto
Caliber: 223 Remington/ 5. 56 NATO
Barrel Length: 16. 1"
Capacity: 30+ 1
Trigger: Standard
Safety: Reversible Safety Selector
OAL: 35. 5"
Weight: 6. 951bs
Stock: Black 4- Position Collapsible
Metal Finish: Black
Muzzle: A2 Flash Hider
Receiver Material: 7075- T6 Aluminum
Sights: A2 Front, Magpul Rear
Barrel Description: Chrome- Lined
Twist: l: 7"
Purpose: Duty\ Range
1070

LATHROP POLICE DEPARTMENT EQUIPMENT LIST
Throughout the world today, Colt' s reliability, performance, and accuracy provide our Armed Forces the confidence required to accomplish any mission. Colt' s CR6920 EPR series shares many features of its combat-proven brother, the Colt AR15.

Description source: LC Action Police Supplv Colt CR6920 Law Enfarcement M4 Carbine AR15 ( Formerlv LE6920 Purpose/ Authorized Uses:

Members may deploy the patrol rifle in any circumstance where the member can articulate a reasonable expectation that the rifle may be needed. Examples of some general guidelines for deploying the patrol rifle may include but are not limited to: ( a) situations where the member reasonably anticipates an armed encounter, ( b) when a member is faced with a situation that may require accurate and effective fire at long range, ( c) situations where a member reasonably expects the need to meet or exceed a suspect's firepower, ( d) when a member reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage, ( e) when a member reasonably believes that a suspect may be wearing body armor, ( when authorized or requested by a supervisor, and( g) when needed to euthanize an animal.

Fiscal Impacts: The initial cost of equipment was approximately$ 43, 124. 81. The ongoing costs for ammunition will vary and maintenance is conducted by departmental staff.

LegaUProcedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Lathrop Police Department Policies on Use of Force and Firearms.

Training Required: Officers must successfully complete a CA POST certified 16- hour patrol rifle course as well as regular department firearms training and qualifications as required by law and policy.

Equipment Name: 40mm Launchers and rounds
Quantity Owned/Sought: 8
Lifespan: 20 years
Equipment Capabilities: 40mm Launchers are utilized by department personnel as a less lethal tool to launch less lethal impact rounds. The 40mm Less Lethal Launcher is capable of firing 40mm Kinetic Energy Munitions, which are essentially rubber projectiles. 1071

LATHROP POLICE DEPARTMENT EQUIPMENT LIST
Manufacturer Product Description: Defense Technologies 40mm launcher, cost$ 872. 40 ea. Manufactured exclusively for Defense Technology, the 40LMT is a tactical single shot launcher with light rail. The ambidextrous Lateral Sling Mount( LSM) and QD mounting systems allow both a single and two- point sling attachment. The 40LMTS will fire standard 40mm less lethal ammunition, up to 4. 8 inches in Cartrldge length. The Picatinny Rail Mounting System will accept a wide array of enhanced optics/ sighting systems. i. Direct Impact 40mm reloadable training Sponge Round— Mode16530 Defense Technology. Approx. 26 rounds. 6530LE- 50 40mm Reloadable Training Round provides the same point of impact accuracy as the 40mm munitions it simulates and is the most cost effective way to conduct training. Reloading the munitions takes seconds and one hex key. Product for use on inanimate targets. ii. 40mm sponge, smokeless, spin stabilized/ Combined Systems. Approx. 29 rounds.

Sponge Baton is a spin- stabilized projectile delivering blunt trauma effect.

Although it is extremely accurate and consistent, accuracy is dependent on the launcher, using open sights vs. an improved sight, environmental conditions, and the operator. Effectiveness depends on many variables, such as distance, clothing, stature, and the point where the projectile impacts. The 40mm Less Lethal Launchers and Kinetic Energy Munitions are intended for use as a less lethal use of force option. To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use may include, but are not limited to: ( a) self- destructive, dangerous, and/ or combative individuals; ( b) barricaded suspects; and( c) training exercises.

Fiscal Impacts: The initial cost ofthis equipment was approximately$ 6,979.20. The ongoing costs for munitions will vary and maintenance is conducted by departmental staff.

LegaUProcedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Lathrop Police Departrnent Policies on Use of Force and Crowd Control.

Training Required: Officers must complete a deparhnent certified 40mm course as well as regular training and qualifications as required by law and policy. 1072

LATHROP POLICE DEPARTMENT EQUIPMENT LIST
Section Two: Specialized Epuipment Inventory known to be owned and/or utilized bv law enforcement agencies with which the Lathrop Police Department collaborates with and/ or mav repuire assistance from, in a mutual- aid situation for law enforcement services.
l. Defense Technology 12- Gram Reload Distraction Device Quantity Owned/ Sought: None
Lifespan: Unknown
Purpose/ Capabilities/ Description: To produce atmospheric over-pressure and brilliant white light and, as a result, can cause short- term( 6- 8 seconds) physiologicaUpsychological sensory deprivation to give officers a tactical advantage. A non-bursting, non- fragmenting distraction device that produces a thunderous bag with an intense bright light. Ideal for distracting dangerous suspect during assaults, hostage rescue, room entry, or other high-risk arrest situations. The distraction device produces 175 dB of sound output at 5 feet and 6- 8 million candelas for 10 milliseconds.

Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.

LegaUProcedural Rules Governing Use: The equipment is utilized for official law enforcement purposes and pursuant to State and Federal law.

Training Required: None, Equipment owned, maintained, and operated by another agency.

2. ICore Mini Robots
Quantity Owned/ Sought: None
Lifespan: Unknown
Purpose/ Capabilities/ Description: The iCare Mini is an unmanned machine which operates on the ground utilized to enhance the safety to the community and officers. The iCore Mini can be hand carried or transported inside a rucksack, and can be remotely operated from many hundreds of ineters away, providing protection and safety to their operators. To be used to remotely gain visual/ audio data, deliver HNT phone, open doors, disrupt packages, and clear buildings.
1073

LATHROP POLICE DEPARTMENT EQUIPMENT LIST
Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.

LegaUProcedural Rules Governing Use: The equipment is utilized for official law enforcement purposes and pursuant to State and Federal law.

Training Required: None. Equipment owned, maintained, and operated by another agency.

3. Non- handheld battering rams, slugs and breaching equipment apparatuses that are explosive in nature- CA Gov' t Code § 7071( c)( 7)
Quantity Owned/ Sought: None
Lifespan: Unknown
Purpose/ Capabilities/ Description: Explosive breaching tools are used to breach fortified structures to establish a point of entry. Explosive charges are fashioned to produce little to no fragrnentation at the time of detonation.

Explosive breaching effectively reduces the time spent overcoming a fortified door or structure. The reduction in time mitigating a hardened structure increasing officer safety and the element of surprise. Blast injuries are reduced by using low yield explosives that mechanically overcome door frames and locking mechanisms. Explosive breaching mandates extensive schooling and certification processes
Avon frangible shotgun ammunition, Detonating Cords, and Blasting Caps are used to breach doors and points of entry on fortified doors or structures. The equipment is used to safely gain entry into a structure.

Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.

LegaUProcedural Rules Governing Use: The equipment is utilized for official law enforcement purposes and pursuant to State and Federal law.

Training Required: None. Equipment owned, maintained, and operated by another agency.
1074

LATHROP POLICE DEPARTMENT EQUIPMENT LIST

4. Command and Control Vehicles used to facilitate the operational control and direction of public safety units— CA Gov' t Code§ 7071( c)( 4) Quantity Owned/ Sought: None
Lifespan: Unknown.

Purpose/ Capabilities/ Description: Command vehicles are built in various platforms to include '/ 2 ton pickup chassis, vans, trailers, and RV style configurations. Vehicles are built to better assist in command and control during law enforcement operations, natural disasters, and public safety issues. Vehicles are designed with additional communication abilities, computers, white boards, lightening, generatars, and mission essential supplies.

Fiscal Impact: None. Equipment owned, maintained, and operated by another agency.

LegaUProcedural Rules Governing Use: Use shall be in accordance with California State and Federal law.

Training Required: None, Equipment owned, maintained, and operated by another agency.

5. Unmanned Aircraft System ( UAS)
Quantity Owned/ Sought: None.

Lifespan: Unknown
Purpose/ Capabilities/ Description:
o Major collision investigation, search for missing persons, natural disasters o Vehicles are capable of being remotely navigated to provide scene information and intelligence in the form of video and still images transmitted to first responders.
o Gain visual/ audio data and remotely clear buildings and structure o Unmanned robotics have numerous applications and are used instead of personnel in high-risk environments to increase safety for law enforcement Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.

LegaVProcedural Rules Governing Use: Use shall be in accordance with California State and Federal law regarding the operation of UAS vehicles, and in a manner that respects the privacy of our community.

Training Required: None. Equipment owned and, operated by another agency. 1075

LATHROP POLICE DEPARTMENT EQUIPMENT LIST

6. The Armored Group, Ballistic Armored Tactical Transport( BATT) Quantity Owned/ Sought: None.

Cost: None.

Lifespan: Approximately 25 years.

Purpose/ Capabilities/ Description:

To be used in response to critical incidents to enhance officer and community safety, improve scene containment and stabilization, and assist in resolving critical incidents.

The BATT, is an armored vehicle that seats 10- 12 personnel with an open floor plan that allows for rescue of down personnel. It can stop various projectiles, which provides greater safety to citizens and officers beyond the protection level of shield and personal body armor.

Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.

LegaUProcedural Rules Governing Use: Use shall be in accordance with California State and Federal.

Training Required: None. Equipment owned and, operated by another agency.

7. Remington 870 Less Lethal Launcher/ Drag Stabilized 12- Gauge Bean Bag Round Quantity Owned/ Sought: None.

Cost: None.

Lifespan: Approximately 25 years.

Purpose/ Capabilities/ Description:

Less Lethal Shotgun is used to deploy the less lethal 12- gauge Drag Stabilized Beanbag Round up to a distance of 75 feet. The range ofthe weapon system helps to maintain space between officers and a suspect reducing the immediacy ofthe threat which is a principle of De- escalation.

The12- Gauge Drag Stabilized round is comprised of a translucent 12- Gauge shell loaded with a 40 gram, tear shaped bag made from a cotton and ballistic material blend and filled with# 9 shot. This design utilizes four( 4) stabilizing tails. The 12- Gauge drag stabilized round utilizes smokeless powder as the propellant. Drag Stabilized rounds are discharged from a dedicated 12- gauge shotgun that is distinguishable by an orange butt stock and fore grip. This round provides accurate and effective perfortnance when fired from the 1076

LATHROP POLICE DEPARTMENT EQUIPMENT LIST
approved distance of not fewer than 20 feet. The maximum effective range of this munition is up to 75 feet from the target.

This less lethal weapon is used to limit the escalation of conflict where employrnent of lethal force is prohibited or undesirable.

Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.

LegaUProcedural Rules Governing Use: Use shall be in accordance with California State and Federal.

Training Required: None. Equipment owned and, operated by another agency.

8. Remington 700 .308 Caliber Rifle, PWS MKl ll Mod 1- M Rifle, .223 Caliber Rifle, Hornady Tap Urban, .223 Caliber, 60 Grain Rifle Round, Hornady Match Tap Precision . 308 Caliber, 155 Gr. ELD Rifle Round, Hornady Tap Urban . 308 Caliber, 110 Gr. Rifle Round, Hornady Tap Heavy Barrier. 308 165 Gr. Barrier Rifle Round.

Quantity Owned/ Sought: None.

Cost: None.

Lifespan: Unknown.

Purpose/ Capabilities/ Description:

To be used as precision weapons to address a threat with more precision and/or greater distances than a handgun, if present and feasible.

Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.

LegaUProcedural Rules Governing Use: Use shall be in accordance with California State and Federal.

Training Required: None. Equipment owned and, operated by another agency.

9. Defense Technology, Riot Control Continuous Discharge Grenade, CS # 1082 Quantity Owned/ Sought: None.

Cost: None.

Lifespan: Unknown.
1077

LATHROP POLICE DEPARTMENT EQUIPMENT LIST
Purpose/ Capabilities/ Description:

To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.

Situations for use of the less lethal weapon systems may include, but are not limited to:
i. Self-destructive, dangerous and/ or combative individuals. ii. Riot/ crowd control and civil unrest incidents.
iii. Circumstances where a tactical advantage can be obtained. iv. Potentially vicious animals.
v. Training exercises or approved demonstrations.

Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.

LegaUProcedural Rules Governing Use: Use shall be in accordance with California State and Federal.

Training Required: None. Equipment owned and, operated by another agency.

10. Defense Technology, Flameless Tri- Chamber CS Grenade, # 1032 Quantity Owned/Sought: None.

Cost: None.

Lifespan: Unknown.

Purpose/ Capabilities/ Description:

To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.

Situations for use of the less lethal weapon systems may include, but are not limited to:
i. Self-destructive, dangerous and/ or combative individuals. ii. Riot/crowd control and civil unrest incidents.
iii. Circumstances where a tactical advantage can be obtained. iv. Potentially vicious animals.
v. Training exercises or approved demonstrations.

Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency. 1078

LATHROP POLICE DEPARTMENT EQUIPMENT LIST
LegaUProcedural Rules Governing Use: Use shall be in accordance with California State and Federal.

Training Required: None. Equipment owned and, operated by another agency.

11. PepperBall Full Tactical Carbine( FTC)
Quantity Owned/ Sought: None.

Cost: None.

Lifespan: Unknown.

Purpose/ Capabilities/ Description:

To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.

Situations for use of the less lethal weapon systems may include but, are not limited to:
i. Self-destructive, dangerous and/ or combative individuals. ii. Riot/crowd control and civil unrest incidents.
iii. Circumstances where a tactical advantage can be obtained. iv. Potentially vicious animals.
v. Training exercises or approved demonstrations.

Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.

LegaUProcedural Rules Governing Use: Use shall be in accordance with California State and Federal.

Training Required: None. Equipment owned and, operated by another agency.

MAINTENANCE OF MILITARY USE SUPPLY LEVELS:

When stocks of military equipment have reached significantly low levels or have been exhausted, the Department may order up to 10% of stock in a calendar year without City Council approval to maintain essential availability for the Department' s needs. 1079
1080
ITEM: 5. 3

CITY MANAGER' S REPORT
MAY 16, 2022 CITY COUNCIL SPECIAL MEETING
ITEM: PUBLIC HEARING ( PUBLISHED NOTICE) TO

CONSIDER AN ORDINANCE OF THE CITY COUNCIL OF

THE CITY OF LATHROP APPROVING ELECTRONIC

AND PAPERLESS FILING OF FAIR POLITICAL

PRACTICES COMMISSION DISCLOSURE CAMPAIGN

STATEMENTS & STATEMENTS OF ECONOMIC

INTEREST FORMS
RECOMMENDATION: The Council to Consider the Following:

1. Hold a Public Hearing; and

2. First Reading and Introduction of an Ordinance
Amending Title 2 " Administration And Personnel"
of the Lathrop Municipal Code by Adding New
Chapter 2. 60 Titled ' Electronic Filing" to Accept
Electronic and Paperless Filing of Fair Political
Practices Commission Disclosure Campaign
Statements & Statements of Economic Interest
Forms
SUMMARY:

The Political Reform Act requires public agencies to file various reports or statements, such as the Statement of Economic Interests ( Form 700), and periodic campaign statements for employees and elected officials, such as the Recipient Committee Campaign Statement ( Form 460). These documents are required to be available for public inspection and reproduction under the Public Records Act. Cities have previously had discretion to post such records online, but state law now mandates online access to these filings in order to increase public access to campaign finance documents.

To increase efficiency and facilitate compliance with State Law and Fair Political Practices Commission ( FPPC) regulations, staff is asking Council to consider an ordinance mandating electronic and paperless filing of FPPC campaign disclosure statements and statements of economic interest pursuant to Government Code Section 84615.

BACKGROUND:

Political Reform Act ( Gov. Code § 84100)
The California Political Reform Act ( Gov. Code § 84100) requires the filing of Campaign Disclosure Statements by any person or combination of persons who will be raising or spending money in local elections, including but not limited to local candidates for elective office, or those supporting or opposing local candidates or ballot measures. It also requires all elected and appointed officials and designated employees to file Statements of Economic Interest with either the FPPC or the local filing officer. In the City of Lathrop, the Filing Officer is the City Clerk. 1081
CITY MANAGER' S REPORT Page 2
MAY 16, 2022 CITY COUNCIL SPECIAL MEETING

PUBLIC HEARING TO CONSIDER ORDINANCE APPROVING ELECTRONIC FILING
Since the enactment of the Political Reform Act of 1974, candidates and committees have complied with filing requirements by filing paper copies of campaign statements and reports. The Political Reform Act of 1974 requires that all reports and statements filed under this title shall be signed under penalty of perjury and verified by the filer" Government Code section 81004). For paper filings, those signatures must be original, wet" signatures.

Assembly Bill ( AB) 2452 ( Political Reform Act of 1974: online disclosure.) On January 1, 2013, AB 2452 went into efFect adding Government Code section 84615 of the Political Reform Act of 1974, which requires specified candidates, committees, slate mailer organizations, and lobbyists, lobbying firms, and lobbyist employers to le campaign statements and reports online or electronically with the Secretary of State, as specified. The act requires certain of these entities to also file campaign statements and reports with local filing officers, as specified.

This bill also authorizes a local government agency to require online or electronic filing for an elected officer, candidate, committee, or other person who is required to file statements, reports, or other documents under the Political Reform Act, so long as the filer receives contributions or makes expenditures totaling two thousand dollars ($ 2, 000) or more in a calendar year ( FPPC Campaign Regulations).

Since passage, many local government agencies throughout California have chosen to enact paperless filing as a
courtesy to their campaign filers, to increase stafF
efficiency, and to help reduce the use of paper. Further, the FPPC supports and encourages efforts to move from a paper-based reporting system to a more transparent electronic system.

Assembly Bill 571 ( Political Reform Act of 1974: contribution limits.) On January 1, 2021, AB 571 went into effect, setting default candidate contribution limits for city and county offices. In an efFort to combat corruption/ bribery, or the appearance of, Assembly Bill 571 created identical campaign contribution limits to those imposed on certain elective state office candidates for county or city offices.

In passing AB 571, the California Legislature noted that the vast majority of counties and cities in the State did not have independently imposed local campaign contributions, although they maintained the local authority to do so. AB 571 was meant to reduce the frequency in which local candidates raise substantial campaign funds from a single contributor. It also aimed to stop systems that allow local candidates to, ironically, exceed contribution limits in place for elective state officeholders who have more constituents.
1082
CITY MANAGER' S REPORT Page 3
MAY 16, 2022 CITY COUNCIL SPECIAL MEETING

PUBLIC HEARING TO CONSIDER ORDINANCE APPROVING ELECTRONIC FILING
The contribution limit that will now apply to city and county candidates pursuant to AB 571 is updated biennially for inflation. Contribution limits can be found in Regulation 18545( a) 2 and on the FPPC website' s FPPC Regulations page https•// www fppc ca gov/ the- law/ fppc- regulations/ regulations- index html). The default limit for contributions to city and county candidates subject to AB 571 for 2021- 2022 is set at $ 4, 900 per election.

Assembly Bill 2151 ( Political Reform Act of 1974: online filing and disclosure system.)
On September 28, 2020, Governor Newsom signed AB 2151 into law, which requires public agencies to post all copies of the required filings on its website within 72 hours of the applicable filing deadline. If the final day of the 72- hour period is a Saturday, Sunday or holiday, the period is extended to the next day that is not a Saturday, Sunday or holiday. The required filings must be made available for four years from the election date associated with the filing. Once the City publishes the required filings on its website, it must redact the street name, building number and bank account information for any campaign donor ( person or entity) named on the required filings.

This new law took effect on January 1, 2021.

City of Lathrop is currently a paper- filing agency for statutory Fair Political Practices Commission ( FPPC) campaign disclosure forms. Appointed officials, City Council candidates, and campaign committees may file their statements in hard copy form only, with an original signature, per FPPC regulations. The changes under AB 2151 have added an additional amount of time for staff to implement redactions of appropriate information on disclosure statements and to post to the City website within the 72 hour required timeframe.

Benefits of Electronic Filing
There are additional benefits to electronic statement filings:

Paperless electronic filing is allowed pursuant to Government Code 84615 Electronic filing makes is easier for filers to comply with reporting obligations The program will be offered at no expense to filers
It will help to ensure consistency with candidate filings Ensures integrity and safeguarding of the data transmitted Filings will have a professional appearance and include quality control checks to ensure that no required entries are missed
Provides the public with information in a more accessible and consistent format.

Statements would post timely to the City' s website
1083
CITY MANAGER' S REPORT Page 4
MAY 16, 2022 CITY COUNCIL SPECIAL MEETING

PUBLIC HEARING TO CONSIDER ORDINANCE APPROVING ELECTRONIC FILING
Staff will continue to provide assistance for those filers who cannot file electronically under certain circumstances and accommodate American with Disabilities Act ( ADA)
Less paper being printed and handled, a change consistent with the State' s and City' s waste reduction goals.

In the event that a filer does not possess the equipment to file electronically, the Government Services / City Clerk Department will work with the filer to obtain access to the City' s electronic filing system.

Requirements of the Law for Electronic Filing
The law prescribes criteria that must be satisfied by a local government agency to require online or electronic filing of statements, reports, or other documents, which include the following:

The system must ensure the integrity of the data and include safeguards against efforts to tamper with, manipulate, alter or subvert the data; The system must only accept a filing in the standardized record format developed by the Secretary of State and compatible with the Secretary of State' s system for receiving an online or electronic filing; and The system must be available free of charge to filers and to the public for viewing filings.

REASON FOR RECOMMENDATION:

If Council approves the proposed Ordinance, the City will be using the paperless electronic system, known as eDisclosure Docs offered by Granicus. The FPPC is the authority for approving and certifying electronic filing systems for Statements of Economic Interests ( Form 700). Granicus is an approved vendor of the FPPC.

Granicus is currently providing disclosure document software to the city and the release of the campaign disclosure module is next step in the process. The FPPC approved the City of Lathrop for electronic filing in December 2021.

Per California Government Code Section 84615, local jurisdictions may require the filing of campaign statements and reports solely in an electronic form and must adopt an ordinance to specify this requirement. However, the Statement of Economic Interests ( Form 700) electronic filing component does not require an ordinance by law to implement. However, it is recommended the City Council also adopt electronic filing of the Form 700 by ordinance to remain consistent with filing requirements. 1084
CITY MANAGER' S REPORT Page 5
MAY 16, 2022 CITY COUNCIL SPECIAL MEETING

PUBLIC HEARING TO CONSIDER ORDINANCE APPROVING ELECTRONIC FILING
FISCAL IMPACT:

The City entered into a professional services agreement between the City and Granicus to provide professional services related to electronic filing, configuration and implementation on October 11, 2021, in the amount of $ 15, 717. The annual subscription and maintenance cost is approximately $ 4, 985. Software solutions included in the agreement are: DisclosureDocs/ Conflict of Interest ( Form 700), CampaignDocs ( Form 460/ 470), and Ethics and Sexual Harassment mandated tracking and training.

ATTACH M E NTS:

A. Ordinance Approving Amending Title 9 " Public Peace and Welfare" of the Lathrop Municipal Code by Adding New Chapter 2. 60 Titled " Electronic Filing" to Accept Electronic and Paperless Filing of Fair Political Practices Commission Disclosure Campaign Statements & Statements of Economic Interest Forms
1085
CITY MANAGER' S REPORT Page 6
MAY 16, 2022 CITY COUNCIL SPECIAL MEETING

PUBLIC HEARING TO CONSIDER ORDINANCE APPROVING ELECTRONIC FILING
APPROVALS•
1% v
T resa argas Date
vernment Services irector
City Clerk
Cari Date
Finance ir ctor
S/ c .-
Salvador Navarrete Date
City Attorney
s s-2zSte en J. Salvatore Date
City Manager
1086
ORDINANCE NO. 22-

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LATHROP AMENDING TITLE 2 ADMINISTRATION AND PERSONNEL" OF THE LATHROP MUNICIPAL CODE BY ADDING NEW CHAPTER 2. 60 TITLED ELECTRONIC FILING" TO

ACCEPT ELECTRONIC AND PAPERLESS FILING OF FAIR POLITICAL

PRACTICES COMMISSION DISCLOSURE CAMPAIGN STATEMENTS &

STATEMENTS OF ECONOMIC INTEREST FORMS
WHEREAS, the City of Lathrop finds that public access to campaign disclosure information is a vital and integral component of a fully informed electorate; and WHEREAS, transparency in campaign financing is critical in order to maintain public trust and support of the political process; and
WHEREAS, since the enactment of the Political Reform Act, candidates and committees have complied with filing requirements by filing paper copies of campaign statements and reports; and
WHEREAS, the City of Lathrop City Clerk' s Office has expended a significant amount of staff time to make such paper filings readily available to the public; and WHEREAS, in July 2012, the California Legislature approved Assembly Bill 2452 which authorizes local jurisdictions to require the filing of campaign statements and reports solely in an electronic format; and
WHEREAS, the Governor approved the legislation on July 13, 2012, and it took efFect on January 1, 2013.

WHEREAS, Government Code Section 84615 currently provides that a local agency may adopt an Ordinance to require an elected officer, candidate, committee, or other person required to file statements, reports, or other documents required by Chapter 4 of the Political Reform Act ( commencing with Section 84100 of the Government Code), except an elected officer, candidate, committee, or other person who receives contributions totaling less than $ 2, 000 and who makes independent expenditures totaling less than $ 2, 000 in a calendar year, to file those statements, reports, or other documents online or electronically with the local filing officer; and WHEREAS, the City of Lathrop has entered into an agreement with Granicus, a vendor approved by the California Secretary of State, to provide an online electronic filing system (" System") for campaign disclosure statements and statements of economic interest forms; and
WHEREAS, Pursuant to California Government Code section 84615, the City of Lathrop hereby finds that the online or electronic filing system will facilitate the efficient and secure filing of required campaign reports and statements of economic interest forms; and
Ordinance No. 22-
1087
WHEREAS, the System will operate securely and efFectively and will not unduly burden filers; and
WHEREAS, the System will ensure the integrity of the data and includes safeguards against efforts to tamper with, manipulate, alter, or subvert the data; and WHEREAS, the System will only accept a filing in the standardized record format developed by the Secretary of State and compatible with the Secretary of State' s system for receiving an online or electronic filing; and WHEREAS, the System will be available free of charge to filers and to the public for viewing filings; and
WHEREAS, the City of Lathrop desires to amend Title 2 " Administration and Personnel" of the Lathrop Municipal Code by Adding New Chapter 2. 60 Titled Electronic Filing" to Accept Electronic and Paperless Filing of Fair Political Practices Commission Disclosure Campaign Statements & Statements Of Economic Interest Forms
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lathrop does hereby ordain as follows:

Section 1.

Title 2 of the Lathrop Municipal Code, titled Administration and Personnel" is hereby amended by adding new Chapter 2. 60 titled " Electronic Filing", to read in its entirely as follows:

CHAPTER 2. 60 Electronic Filling

2. 60. 010 Electronic filing of campaign statements and statements of economic interest.

A. Whenever any elected officer, candidate, committee or other person is required to file campaign statements, reports or other related documents required by the Political Reform Act ( Title 9 of the Government Code), shall file such documents online or electronically with the City Clerk, unless exempt from the requirement to file online pursuant to Government Code Section 84615, because the elected officer, candidate, committee or other person receives contributions totaling less than two thousand dollars ($ 2, 000), and makes expenditures totaling less than two thousand dollars ($ 2, 000) in a calendar year.

B. The provisions of this subsection shall apply to persons or combinations of persons who qualify as a committee under Section 82013 of the Political Reform Act.

Ordinance No. 22-
1088
C. The provisions of this subsection shall also apply to any person holding a position listed in Government Code Section 82700 or designated in the City' s local conflict of interest code adopted pursuant to Government Code Section 83700, and shall file any required statement of economic interest reports ( Form 700) electronically with the Clerk / Local Filing Officer.

D. The date of filing for a statement, report, or other document that is filed online or electronically shall be the day that it is received by the City Clerk / Local Filing Officer, and the electronic system will confirmation with a timestamp that ensuring that the statement, report, or other document was received.

E. Filings set forth in Subsections A and B of this Section, which are filed and received electronically with the City Clerk are not required to also be filed with the City Clerk in paper format. An electronic filing will be the official record of such filing. Filers must sign electronic filings in the system under penalty of perjury.

F. In any instance in which an original statement, report or other document must be filed with the California Secretary of State and a copy of that statement, report or other document is required to be filed with the City Clerk, the filer may, but is not required to, file the copy electronically.

G. If the City Clerk' s electronic system is not capable of accepting a particular type of statement, report or other document, an elected officer, candidate, committee or other person shall file that document with the City Clerk in an alternative format.

H. If access to online filings has not been prescribed in a timely manner, the elected city officer, candidate, or committee may file an original statement by paper, at the discretion of the City Clerk / Local Filing Officer.

I. While electronic filing of statements will be mandated under this Ordinance, the City Clerk / Local Filing Officer, will have the right to accept a paper filing in lieu of an electronic filing at the City Clerk' s discretion, in instances where indigency or a catastrophe prevent electronic filing, and to accommodate an Americans with Disabilities Act ADA) request.

Once a candidate or committee is subject to the electronic filing requirements imposed by this Chapter, the candidate or committee will remain subject to the electronic filing requirements until the candidate or committee files a termination statement pursuant to the Political Reform Act.

Ordinance No. 22-
1089
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-
1090
THIS ORDINANCE was introduced at a meeting of the City Council of the City of Lathrop on the 16t'' day of May 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-
1091
1092
ITEM 5. 4

CITY MANAGER' S REPORT
MAY 16, 2022 CITY COUNCIL SPECIAL MEETING
ITEM: REVIEW AND PROVIDE DIRECTION ON DESIGN FOR
CIP PK 22- 34 SHILLING AVENUE PARK PROJECT
RECOMMENDATION: Review Conceptual Design and Consider the Adoption of Resolution Approving Related Budget
Amendment for CIP PK 22- 34 Shilling Avenue Park
Project
SUMMARY:

At the October li, 2021 Council meeting, City Council approved the creation of Capital Improvement Project ( CIP) PK 22- 34 Shilling Avenue Park Project. The project will construct a park on a City- owned 1- acre retention pond located on the northwest corner of Shilling Avenue and Reverend Maurice Cotton Drive. The creation of CIP PK 22- 34 allowed staff to contract for Professional Surveying Services, complete the topographic survey and start the design phase for landscape, civil and electrical components.

The City has contracted Sam Harned Landscape Architecture ( SHLA) to provide landscape architectural design services for the new park. SHLA has prepared a conceptual design that divides the existing parcel into a retention basin and a new park that may include a perimeter walking trail, a small children' s play structure with rubberized fall surfacing, shaded picnic tables with barbecues, park benches, garbage cans, a drinking fountain, and a 4' perimeter fence. Optional amenities may consist of outdoor fitness stations, a water play fountain, grouted cobble at basin, seat wall, and lighting.

Upon review, staff requests Council provide direction on determining the final amenities to be included within the park' s design. Staff is also requesting City Council approve a budget amendment transferring $20, 000 from the Culture and Leisure Capital Facility Fee ( CFF) Fund ( 2260) into the CIP Project Fund ( 3010) to complete the design phase that will include electrical and civil components.

BACKGROUND:

The City currently owns a 1- acre retention basin at the corner of Shilling Avenue and Reverend Maurice Cotton Drive. This parcel serves as storm water flood protection for the surrounding neighborhood. On October 11, 2021, City Council approved the creation of CIP PK 22- 34 Shilling Avenue Park Project that will split the existing parcel into a retention basin and a new park without impacting the flood protection of the neighborhood. The creation of CIP PK 22- 34 allowed staff to contract for Professional Surveying Services, complete the topographic survey and start the design phase for landscape, civil and electrical components.
1093
CITY MANAGER' S REPORT PAGE 2
MAY 16, 2022 CITY COUNCIL SPECIAL MEETING
REVIEW AND PROVIDE DIRECTION ON DESIGN FOR CIP PK 22- 34 SHILLING

AVENUE PARK PROJECT
RECOMMENDATION:

The City has contracted SHLA to provide landscape architectural design services for the new park. SHLA has prepared a conceptual design that divides the existing parcel into a retention basin and a new park that may include a perimeter walking trail, a small children' s play structure with rubberized fall surfacing, shaded picnic tables with barbecues, park benches, garbage cans, a drinking fountain, and a 4' perimeter fence.

Tonight, staff is asking Council to review the conceptual design and add/ remove the following amenities with estimated costs:

Outdoor Fitness Stations (+$ 5, 000 each) • Grouted Cobble at Basin (+$ 10, 000) Water Play Fountain (+$ 200, 000 & up) • Seat Wall (+$ 20, 000) Lighting (+$ 10, 000 each)
FISCAL IMPACT:

Initial funds were allocated at the creation of CIP PK 22- 34 towards developing engineer' s report and preliminary design options. However, additional funding will be needed in order to complete the design phase with electrical and civil components.

Therefore, staff is also requesting City Council approve a budget amendment transferring $20, 000 from the Culture and Leisure Capital Facility Fee ( CFF) Fund 2260) into the CIP Project Fund ( 3010) as follows:

Transfer Out ( Culture & Leisure CFF Funds)
2260- 99- 00- 990- 90- 10 20, 000
Transfer In ( General CIP)
3010- 99- 00- 393- 00- 00 20, 000
Increase Expenditure
3010- 80- 00- 420- 12- 00- 00 PK 22- 34 20, 000
ATTACH M ENTS:

A. Resolution Approving Related Budget Amendment for CIP PK 22- 34 Shilling Avenue Park Project
1094
CITY MANAGER' S REPORT PAGE 3
MAY 16, 2022 CITY COUNCIL SPECIAL MEETING
REVIEW AND PROVIDE DIRECTION ON DESIGN FOR CIP PK 22- 34 SHILLING AVENUE PARK PRO] ECT
APPROVALS:

S/- /. 2.

Ang arca Date
Assistant Engineer
l FoR S - S- 20 22
Ken Reed Date
Senior Construction Manager
S / Z r2oZZ
Michael King Date
Public Works Director
3 zGZ2,
To d Sebastian Date
Par s, Recreation & Maintenance Services Director
i J,S''
Cari ] am s Date
Finance irector
J c(
Salvador Navarrete Date
City Attorney
5• ZZ
Ste en J. Salvatore Date
City Manager
1095
RESOLUTION NO. 22 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING RELATED BUDGET AMENDMENT FOR CIP PK 22- 34 SHILLING

AVENUE PARK PROJECT
WHEREAS, at the October 11, 2021 Council meeting, City Council approved the creation of Capital Improvement Project ( CIP) PK 22- 34 Shilling Avenue Park Project; and
WHEREAS, the project will construct a park on a City- owned 1- acre retention pond located on the northwest corner of Shilling Avenue and Reverend Maurice Cotton Drive; and
WHEREAS, the creation of CIP PK 22- 34 allowed staff to contract for Professional Surveying Services, complete the topographic survey and start the design phase for landscape, civil and electrical components; and WHEREAS, the City has contracted Sam Harned Landscape Architecture SHLA) to provide landscape architectural design services for the new park; and WHEREAS, SHLA has prepared a conceptual design that divides the existing parcel into a retention basin and a new park that may include a perimeter walking trail, a small children' s play structure with rubberized fall surfacing, shaded picnic tables with barbecues, park benches, garbage cans, a drinking fountain, and a 4' perimeter fence; and
WHEREAS, staff is asking Council to review the conceptual design and add/ remove the following amenities with estimated costs:

Outdoor Fitness Stations (+$ 5, 000 each) • Grouted Cobble at Basin (+$ 10, 000) Water Play Fountain (+$ 200, 000 & up) • Seat Wall (+$ 20, 000) Lighting (+$ 10, 000 each)
WHEREAS, initial funds were allocated at the creation of CIP PK 22- 34 towards developing engineer' s report and preliminary design options. However, additional funding will be needed in order to complete the design phase with electrical and civil components; and
1096
WHEREAS, staff is also requesting City Council approve a budget amendment transferring $ 20, 000 from the Culture and Leisure Capital Facility Fee CFF) Fund ( 2260) into the CIP Project Fund ( 3010) as follows:

Transfer Out ( Culture & Leisure CFF Funds)
2260- 99- 00- 990- 90- 10 20, 000
Transfer In ( General CIP)
3010- 99- 00- 393- 00- 00 20, 000
Increase Expenditure
3010- 80- 00- 420- 12- 00- 00 PK 22- 34 20, 000
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve the budget amendment transferring $20, 000 from the Culture and Leisure Capital Facility Fee ( CFF) Fund ( 2260) into the CIP Project Fund 3010).
1097
The foregoing resolution was passed and adopted this 16th day of May 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 1098
ITEM 5. 5

CITY MANAGER' S REPORT
MAY 16, 2022 CITY COUNCIL SPECIAL MEETING
ITEM: RECEIVE UPDATE AND PROVIDE DIRECTION FOR CIP
PS 22- 41 MOSSDALE ROUNDABOUTS

IMPROVEMENTS
RECOMMENDATION: Councii to Receive Update and Adopt Resolution Approving the Creation of Capital Improvement
Project PS 22- 41 Mossdale Roundabouts
Improvements, Awarding a Construction Contract
with FBD Vanguard Construction, Inc., and
Approving Related Budget Amendment
SUMMARY:

On December 13, 2021, City Council requested for staff to evaluate improvements to the Towne Centre Drive and McKee Boulevard roundabout and the Brookhurst Boulevard and Golden Spike Trail roundabout located near the Mossdale Elementary School. On January 10, 2022, staff presented multiple improvement options for which Council elected the installation of splitter islands with the future consideration of Rectangular Rapid Flashing Beacons ( RRFBs).

The Capital Improvement Project ( CIP) PS 22- 41 Mossdale Roundabouts Improvements proposes to construct new splitter islands, install new curb ramps, resurface both intersections, restripe all crosswalks and enhance existing signage.

Staff prepared the specifications and improvement plans that were advertised for formal bid on April 15, 2022 in accordance with California Public Contract Code ( PCC) and Lathrop Municipal Code ( LMC).

A total of two ( 2) bids were received and opened by City Clerk on May 5, 2022. Based on review and evaluation of the bids, the lowest responsive and responsible bidder was determined to be FBD Vanguard Construction, Inc. ( FBD Vanguard) with a bid of 971, 442.

Staff is requesting that City Council approve the creation of Capital Improvement Project ( CIP) PS 22- 41 Mossdale Roundabouts Improvements and award a construction contract to FBD Vanguard Construction, Inc. for construction of the project in the amount of $971, 442 plus a 10% construction contingency in the amount of $97, 144 for a total cost not to exceed $ 1, 068, 600.

Staff is also requesting City Council approve a related budget amendment transferring $ 1, 105, 000 from the TDA- LTF Street & Roads Fund ( 2140) to the CIP Project Fund ( 3310) to support the construction costs including additional construction inspection services.
1099
CITY MANAGER' S REPORT PAGE 2
MAY 16, 2022 CITY COUNCIL SPECIAL MEETING
RECEIVE UPDATE AND PROVIDE DIRECTION FOR CIP PS 22- 41 MOSSDALE

ROUNDABOUTSIMPROVEMENTS
BACKGROUND:

On December 13, 2021, City Council requested for staff to evaluate improvements to the Towne Centre Drive and McKee Boulevard roundabout and the Brookhurst Boulevard and Golden Spike Trail roundabout located near the Mossdale Elementary School. On January 10, 2022, staff presented multiple improvement options for which Council elected the installation of splitter islands with the future consideration of RRFBs.

The CIP PS 22- 41 Mossdale Roundabouts Improvements proposes to construct new splitter islands, install new curb ramps, resurface both intersections, restripe all crosswalks and enhance existing signage.

Referencing the California Manual on Uniform Traffic Control Devices ( MUTCD), staff prepared the specifications and improvement plans that were advertised for formal bid on April 15, 2022, in accordance with CA PCC 22032 and LMC 2. 36. 060. A total of two ( 2) bids were received, all determined to be responsive and responsible. The bid results are summarized in Table 1 below:

Tab/e I: Summary of Bid Results
Contractor Total Bid
FBD Van uard Construction, Inc. 971, 442
United Pavement Maintenance 1, 175, 844
Staff reviewed and evaluated the bids, and determined that the lowest responsive and responsible bidder is FBD Vanguard Construction, Inc. Staff requests City Council adopt a resolution awarding a construction contract to FBD Vanguard for the amount of $ 971, 442. Staff also requests City Council authorize a 10% construction contingency of $ 97, 144, and authorize staff to spend the contingency as necessary to achieve the goals of the project for a total cost not to exceed $ 1, 068, 600.

For safety purposes, the project will need to be completed before the Mossdale Elementary School students return to session on August 4, 2022. To meet this strict construction schedule and to provide assistance to City' s Construction Inspectors, the City reached out to TRC Engineers, Inc. ( TRC) to perform part-time inspection services. TRC has provided a proposal ( Attachment D) for their construction inspection services totaling $ 35, 011.

REASON FOR RECOMMENDATION:

The creation of a CIP is needed in order to allocate funds and move forward with the construction of improvements to the existing Mossdale roundabouts. The proposed project will install splitter islands at all approaches to enhance visibility and provide refuge for pedestrians when crossing, assist in controlling speeds, guide traffic into the roundabout, and physically separate entering and exiting traffic streams. 1100
CITY MANAGER' S REPORT PAGE 3
MAY 16, 2022 CITY COUNCIL SPECIAL MEETING
RECEIVE UPDATE AND PROVIDE DIRECTION FOR CIP PS 22- 41 MOSSDALE

ROUNDABOUTSIMPROVEMENTS
FISCAL IMPACT:

Funding for this proposed project is available within the TDA- LTF Street & Roads Fund 2140). Staff requests City Council approve a related budget amendment to transfer 1, 105, 000 from the TDA- LTF Street & Roads Fund ( 2140) to the CIP Project Fund 3310) as follows:

Increase Transfer Out
2140- 9900- 990- 9010 1, 105, 000
Increase Transfer In
3310- 9900- 393- 0000 PS 22- 41 1, 105, 000
Increase Appropriation
3310- 8000- 420- 1200 PS 22- 41 1, 105, 000
ATTACH M ENTS:

A. Resolution Approving the Creation of Capital Improvement Project PS 22- 41 Mossdale Roundabouts Improvements, Awarding a Construction Contract with FBD Vanguard Construction, Inc., and Approving Related Budget Amendment B. Construction Contract with FBD Vanguard Construction, Inc. for CIP PS 22- 41 Mossdale Roundabouts Improvements
C. Project Location Map for CIP PS 22- 41 Mossdale Roundabouts Improvements D. Proposal from TRC Engineers, Inc. for Part- time Construction Inspection Services
1101
CITY MANAGER' S REPORT PAGE 4
MAY 16, 2022 CITY COUNCIL SPECIAL MEETING
RECEIVE UPDATE AND PROVIDE DIRECTION FOR CIP PS 22- 41 MOSSDALE

ROUNDABOUTSIMPROVEMENTS
APPROVALS:
10 - 30'
Ange arca Date
Assistant Engineer
S- t- ZoZZ
Michael King Date
Director of Public Works
s/ o- 2z
Glenn Gebhardt Date
City Engineer
z
Cari Jam Date
Director Finance
LoLt
Salvador Navarrete Date
City Attorney
FoR S- io- ZOZz
Stephen J. a vatore Date
City Manager
1102
RESOLUTION NO. 22 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING THE CREATION OF CAPITAL IMPROVEMENT PROJECT PS 22- 41

MOSSDALE ROUNDABOUTS IMPROVEMENTS, AWARDING A CONSTRUCTION CONTRACT WITH FBD VANGUARD CONSTRUCTION, INC., AND APPROVING

RELATED BUDGET AMENDMENT
WHEREAS, on December 13, 2021, City Council requested for staff to evaluate improvements to the Towne Centre Drive and McKee Boulevard roundabout and the Brookhurst Boulevard and Golden Spike Trail roundabout located near the Mossdale Elementary School; and
WHEREAS, on January 10, 2022, staff presented multiple improvement options for which Council elected the installation of splitter islands with the future consideration of Rectangular Rapid Flashing Beacons ( RRFBs); and WHEREAS, the Capital Improvement Project ( CIP) PS 22- 41 Mossdale Roundabouts Improvements proposes to construct new splitter islands, install new curb ramps, resurface both intersections, restripe all crosswalks and enhance existing signage; and
WHEREAS, referencing the California Manual on Uniform Traffic Control Devices ( MUTCD), staff prepared the specifications and improvement plans that were advertised for formal bid on April 15, 2022 in accordance with California Public Contract Code ( PCC) and Lathrop Municipal Code ( LMC); and WHEREAS, a total of two ( 2) bids were received and opened by City Clerk on May 5, 2022; and
WHEREAS, based on review and evaluation of the bids, the lowest responsive and responsible bidder was determined to be FBD Vanguard Construction, Inc. ( FBD Vanguard) with a bid of $ 971, 442; and WHEREAS, staff is requesting that City Council approve the creation of CIP PS 22- 41 Mossdale Roundabouts Improvements and award a construction contract to FBD Vanguard for construction of the proposed project in the amount of 971, 442 plus a 10% construction contingency in the amount of $ 97, 144 for a total cost not to exceed $ 1, 068, 600; and
WHEREAS, for safety purposes, the project will need to be completed before the Mossdale Elementary School students return to session on August 4, 2022. To meet this strict construction schedule and to provide assistance to City' s Construction Inspectors, the City reached out to TRC Engineers, Inc. ( TRC) to perform part-time inspection services. TRC has provided a proposal for their construction inspection services totaling $ 35, 011; and 1103
WHEREAS, to support the construction costs, staff is also requesting City Council approve a related budget amendment transferring funds from the TDA- LTF Street & Roads Fund ( 2140) to the CIP Project Fund ( 3310) as following:

Increase Transfer Out
2140- 9900- 990- 9010 1, 105, 000
Increase Transfer In
3310- 9900- 393- 0000 PS 22- 41 1, 105, 000
Increase Appropriation
3310- 8000- 420- 1200 PS 22- 41 1, 105, 000
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve the creation of Capital Improvement Project ( CIP) PS 22- 41 Mossdale Roundabouts Improvements and award a construction contract to FBD Vanguard Construction, Inc. for construction of the proposed project in the amount of $ 971, 442 plus a 10% construction contingency in the amount of $ 97, 144 for a total cost not to exceed $ 1, 068, 600, 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 does hereby approve a related budget amendment transferring $ 1, 105, 000 from the TDA- LTF Street & Roads Fund ( 2140) to the CIP Project Fund ( 3310) to support the project construction costs including additional construction inspection services. 1104
The foregoing resolution was passed and adopted this 16th day of May 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 1105

ATTACHMENT B
SECTION 00500

MOSSDALE ROUNDABOUTS IMPROVEMENTS CONTRACT
CIP PS 22- 41

CONTRACT
This Contract, dated May 16, 2022, is entered into by and between the City of Lathrop, a municipal corporation of the State of California ( City), and FBD Vanguard Construction, 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 Mossdale Roundabouts Improvements, CIP PS 22- 41 ( Project). Contractor shall furnish ] abor, services, materials and equipment in connection with the construction of the Project and complete the Work in accordance with the covenants, terms and conditions of this Contract to the satisfaction of City. The Project and Work is generally described as follows:

The work to be perfarmed under this contract includes all wark contained in the Construction Documents, as detailed in Paragraph 3 below, including, but not limited to: demolition of concrete and asphalt paving; construction of concrete curb & gutter, ADA pedestrian ramps, median apron and raised splitter islands; application of slurry seal, microsurfacing, and colored polymer surfacing; and removal and installation of signage, striping, markings and pavement markers.

The work shall be completed within 35 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: 971, 442 ( Nine Hundred Seventy- One Thousand Four Hundred Forty- Two 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 FBD Vanguard Construction, Inc. on May 5, 2022. For the purposes of construing, interpreting and resolving inconsistencies between the provisions 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 00500- 1
1106
SECTION 00500

MOSSDALE ROUNDABOUTS IMPROVEMENTS CONTRACT
CIP PS 22- 41
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. Contractar 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 ofthe 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 liens made or filed by reason of any construction, renovation, or remodeling work performed by Contractor under this Contract at any time during the term 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, ar employees.

8. Waiver. The acceptance of any payment or performance, or any part thereof, shall not operate as a waiver by City of its rights under this Contract. A waiver by City of any breach of any part or provision 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. Contractar 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 00500- 2
1107
SECTION 00500

MOSSDALE ROUNDABOUTS IMPROVEMENTS CONTRACT
CIP PS 22- 41
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 Wark by the Contractor and all Subcontractars 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 ongoing obligation of the Contractor under the Contract Documents is the Contractor' s verification that all Subcontractars, 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) Contractar Obligation to Request Substitution of Non- DIR Registered Subcontractor. If any Subcontractor identified in the Contractor' s Subcontractor List submitted with the Contractor' s proposal for the Work is not DIR Registered at the time of opening of proposals for the Work ar 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 Labar Code Section 1771. 1( c)( 3) and/ or Labor Code Section 177]. 1( d).

Certified Payroll Records
a) Compliance with Labor Code Section 1771. 4 and 1776. A material obligation of the Contractar 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; ar( ii) to disburse any portion of the Contract Price to the Contractor. The Contractor shall demonstrate strict compliance with CPR preparation and submitta] requirements by delivery to the 00500- 3
1108
SECTION 00500

MOSSDALE ROUNDABOUTS IMPROVEMENTS CONTRACT
CIP PS 22- 41
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 Labar 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: 1NSPECTION
Pursuant to Labor Code section 1776, Contractor stipulates to the following:
a) Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, warker, or other employee employed by him or her in connection with the public work under the Facilities lease and Construction Provisions. Such records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information of such forms. The payroll records may consist of payroll data that are maintained as computer records, if printouts contain the same information as the forms provided by the division and the printouts are verified as specified in subdivision ( a) of Labor Code section 1776.
b) The payrol] 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 autharized representative on request. 2) A certified copy of all payroll records enumerated in subdivision ( a) shall be made available for inspection or furnished upon request to a representative of the CITY, the Division of Labor Standards Enforcement, and Division of Apprenticeship Standards of the Department of Industrial Relations.
3) A certified copy of all payroll 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 recards 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. 00500- 4
1109
SECTION 00500

MOSSDALE ROUNDABOUTS IMPROVEMENTS CONTRACT
CIP PS 22- 41
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, or the division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual' s name, address and social security number. The name and address of contractor awarded the contract ar 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 compliance is effectuated. Upon the request of the Division of Apprenticeship Standards ar 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 Contractar.

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:

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 Substantia] 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;
00500- 5
1110
SECTION 00500

MOSSDALE ROUNDABOUTS IMPROVEMENTS CONTRACT
CIP PS 22- 41
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 perfarmed pursuant to the power and authority conferred upon the person or persons authorized to bind Contractor; 8) Contractor has not made an attempt to exert undue influence with the Project Manager or any other person who has directly contributed to City' s decision to award the Contract to Contractor;
9) There are no unresolved claims or disputes between Contractor and City which would materially affect Contractor' s ability to perform under the Contract; 10) Contractor has furnished and will furnish true and accurate statements, records, reports, resolutions, certifications, and other written information as may be requested of Contractor by City from time to time during the term 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 ofthe physical conditions of the Project site.

12. Assi nment. This Contract and the perfarmance 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 Contractar in accordance with the General Conditions.

14. Audits bv CitX. During the term of this Contract and far 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 shall 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 00500- 6
1111
SECTION 00500

MOSSDALE ROUNDABOUTS IMPROVEMENTS CONTRACT
CIP PS 22- 41
with ( 1), ( 2) or ( 3) above. Personal service shall include, without limitation, service by delivery and service by facsimile transmission.

To City: City of Lathrop
City Clerk
390 Towne Centre Drive
Lathrop, CA 95330
To City: City of Lathrop
Department of Public Works
390 Towne Centre Drive
Lathrop, CA 95330
PHONE: ( 209) 941- 7430
FAX: ( 209) 94l- 7449
ATTN: Senior Construction Manager
To Contractor: FBD Vanguard Construction, Inc.

Mailing Address: 550 Greenville Road, Livermore, CA 94550 Phone: 925) 245- 1300
Email:

ATTN:

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 ar failure to perform its obligations under this Contract, which directly results from an Act of God or an act of a superior governmental authority.
6) Headings. The paragraph headings are not a part 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 to time, be referred 00500- 7
1112
SECTION 00500

MOSSDALE ROUNDABOUTS IMPROVEMENTS CONTRACT
CIP PS 22- 41
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 parries 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 ar 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 party. All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions.
11) Resolution. Contractor shall submit with its Bid a copy of any carporate or partnership resolution ar 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 ali 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 perfarmed shall be computed by excluding the first Day and including the] ast. 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. l6) 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 ar in the United States District Court far the Eastern District of California. 17) Recovery of costs. The prevailing party in any action brought to enforce the terms of this Contract or arising out of this Contract, including the enforcement of the indemnity provision( s), may recover its reasonable costs, including reasonable attorney' s fees, incurred or expended in connection with such action against the non- prevailing party. 00500- 8
1113
SECTION 00500

MOSSDALE ROUNDABOUTS IMPROVEMENTS CONTRACT
CIP PS 22- 41
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) Contractars 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 Contractar shall provide access to the site for the Environmental Protection Agency and its duly authorized representatives, and the City.
2l) 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 Contractar 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 CITY. This Contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
24) This project is a public works projecr Contractor shall comply with requirements of California Labor Code § 1700 and following, and prevailing wages shall be paid for work performed on this project.
25) The statutory provisions for penalties for failing to carnply with the State of California wage and labor laws be enforced, as well as that for failing to pay prevailing wages.

EXHIBITS:

EXHIBIT A: Contractor' s Submitted Bid Packet
Certification of insurance, perfarmance and payment bonds, and worker' s compensation certification shall be furnished to the City by the Contractor after City Council' s approval with resolution.
00500- 9
1114
SECTION 00500

MOSSDALE ROUNDABOUTS IMPROVEMENTS CONTRACT
CIP PS 22- 41
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:
gy: S- _ zo i. ZSalvador Navarrete, City Attorney
RECOMMENDED FOR APPROVAL:

By:

Michael King, Public Works Director
APPROVED:

By:

Stephen J. Salvatore, City Manager

END OF SECTION)
00500- 10
1115

EXHIBIT A
ECTION 0030Q
CIP
biOSSDALE
PS 22- 41
ROUNDABQUT IM1tPROVEMENTS BID PROPOSAL FORMS OpY

BID PROPQSAL FORMS
T(3: City of Lathrop
390 Towne Centre Drive
Lathrog, CA 95334
ATTENTION: City Cierk
FfJR. MOSSDALE ROUNDABQUT IMPRUVEMENTS, C1P PS 22- 4I
THE UNDERSIGNED, AS BiDDER, HEREBY AGREES AND DECLARES THAT:

LEGAL CQMPLIANCE
The onIy persans ar parties interested in this Bid as Pnncipals are thosc named herein; that this Bid is made without collusian with any other person, firm, partnership, corpomtitan, or association; that he has carefully examined the location ofthe proposcd work and thc Cvnstruction Docurnents; and he propases and agrees that ifthis Bid is accepted he will contract with the City af Lathrop, in the forr of the Contract as set forth in thc Canstruction I7ocuments for said pmject, to pmvide all the nccessary labor, services, materials, and equipment, and to do all ihe work and furnisEi all thc materials; and that he will accept in full payment therefore the price as propased in the following Bid Schedule.

SCHEDULE OF PRICES
Ali applicabte permit fees, licensing costs, sales taxes, State, and/ or ederal, and any othcr taxes, patent rights, or royalties are included in the prices quoted in the Bid. All blank spaces must be filled in.

BASIS OF AV4' ARD
The basis for award of the contract will be tfie tatal price of tl e basc bid. The City af Lathrop reserves the right to award the work contemplated by only the Base Bid or none of the vork. 00304- 1
1116

ATTAC MENT A
MOSSDALE ROLTNDABOUT IMPROYEMENTS, CIP PS 22- 41

REVISED BID SCHEDULE
B
DESCRIPTiON UANTITY UNITS

IT EXTENDED
ITEM Q

PRICE TOTAL
1 Mobilization/ Bonds/ Insurance LS go, 90 OpC
2 Traffic Control LS 1 t t} q5 1 tQ'-
3 Erosion and Sediment Control Plan( ESCP) LS 1 ppp + OQCj Sawcut i Remove! Dispose of Existing PCC
4 F[atwork( Apron/ 12 RampsJSidewatk for SF 6, 79 S Q SQ New Ram s)
5 Sawcut/ Remove/ Dispose of Existing HMA SF 3000 p 30 OO Q 6 Sawcut/ Remove/ Dispose ofExisring Curb
Gutter F 28a 2' } 5
Remove Existing Thermaplastic Markings
and Stri in L I
ypU S 0
8 Remove Existing Landscape( Cut and Cap
Irri tion
SF 6,750 2, t'?j
y 50(
RRe cnonstruct PCC Sidewalk at Removed
SF 1, 510 O C 0
1 10 Construct PCC Curb Ramps w/ Truncated
Dome Mat 12 50U '`
i
QCId
11 R8
struct PCC Curb/ Gutter, City Std. Detail
L Zgp S3 Z,3t
2 O
12 Construct PCC Splitter Islands with City Std,
Detail R- 11 T e C Curb 3, a O 2 2` 80
13 Construct PCC Center Aprans @ 8" Depth SF 4,050 32 q a 0 14 Patch Back AC SF 340 „ 5 S 0 V
15 Place Type II Microsurfacing SF 15, 000 1 . 7j 21 SQ 16 i
Thermoplastic Striping- Caltrans Std, Pln.

A20, Detai125 LF 1, 460 1- tD0 2 3 p
18 Thermoplastic Striping- Caltrans Std. Pln.

A20, Detai127B F 195 O 21. C
19 Thermoplastic Striping- Caltrans Std. Pln.

A20, Detai138 L 460 2,} 1
f
2,
20 Thermoplastic Striping- Caltrans Std. Pln.

A20, Detai140 O 8
LF 128
2l
Thermoplastic Striping- 8" White Line
Hatchin LF 260 . aQ i..ay
22 Thermoplastic Yield Line LF 1 l4 2 •Z,. 2' Z
23 Paint Curb Red LF 760 2.( ,' Z„
1117

ATTACHMENT A
24 Install Thermoplastic Continental Crosswalk
wl 2' Run EA g 3& „ , s& 4' S acin
25 Thertnoplastic Sharrows EA 24 22 Z Z$+
26 ConcretePolymerTopping 3F 4, OOQ ut, tpQ
TOTAL BA5E BID: I' y- • 3
iN u ND SEv c C- a uoust Jo
TOTAL BASE BID IN WORDS: Ol Ctr 1r# UINOt Gd 1 tV11 Y" 1— 1Nfi) I IJ!(. S
A• O ' ClarltL'C{ ' cl$.
1118
SECTION 00300
MOSSbAi, E ROUNDABOUT IMP1tQVEMEN7' S HID PROPOSAL FORMS GtP PS 22- 41

INFQRMATIUN REOUIRED QF BIDDER
The Bidd r( Contractor) shall furnish the folIowing information. This information is considercd essential in enabling the Project Manager to determine ifthe Bidder is experienced in similar types of work and if the Bid is based on a careful stt dy of inethods applicable to the work and full realizatic n af the various factars which may affect t e progress of ihe work. Failure tu comn v with this req.uirement may render the Bid non re ponsivc and mav cau e its rcjection Additional shects shall be attached as required.

BIDDFR' S INFORMATIQN
1} Bidder' s pame and address:

FBD Vanguard Ca struction, 1nc.
550 Greenville Road
Livermore, CA 94550
2) Bidder' s telephone number; 25-245- 1300
3) Bidder' s fax number: 925- 245- 1007
4) Bidder' s Contractor' s License( Class): A, B. C- 8
License Nc.: 833032
Expires: 42/ 2912024
5) Persan who inspectcd site of proposed work for Contractor' s ftrm:

Na; Mareus Hanson Date ofInspeetian: 04/27/2022
5) List 3 prajects of a nature simitar to this pmject:

Project Contract Name, Address and
Frice Tele hane Nurnber of Owner
S ATi' A HEDPAOJECT FiEFERENCES
003dD- 4
1119
SECTION 00300
MOSSDALE ROUIVDAB U? lMPROVEM rTS 8! D PROPUSAL FORMS
CIP P5 - 4
LIST F SU CO T TORS:

Thc Bidder shaU list bclow the name and business address of each subcontracior who wili perform work under this Bid in excess of one-half of one peccent ofthe Contractor' s Total Bid Price, and shatl also lisi t e portion of thc WORK which will be done by such subcontractor, in accardance wikh Section 4107 f the Public Contract Code. After the opening af bids, na ctianges or substitutions will be alIowed excepE as otherwise provided by law. The listing af more than one subcontracior for cach item ofwork to be performed with the wvrds" and/or" wilt not be permitted.

Failure to comply with this reguirement may render the Bid non-responsive and may cause its rejection. Should thc Contractor provide a bid that docs not require a subcontractor, the Contractor shall nato that on this page by writing" Not Applicable" in the list below.

Snbcontractor
License Perccnt of
i
r.ctA- Sut P aGu c y32 ao y. oC K.toe 1. 1 .( Q /. : o. e x to co uriio G( Ga,qysg-.

2. Pi G
3'}` oo i 2 . t5 '• c. t1iSQ o
n r{
n.E''' C, CAg`t 39
Tcux ias

3. StiCirts 523- a, 2.°1 '/ sr sA Erl c.

Loo c g51yo
a.
s.

6. Note: Attach additional sheets ifrequired.
oa3oo- s
1120
SECTION 0030D
hiOSSDAC, ROUNDABOUT IMPROVEMEIV? S
8ID PROPOSAL FQRbiS
CIA PS - 41

ADDENDA
Bidder certifies he reviewed A.RC Stocktan' s Plan Well for addenda within 48 haurs of bid opening and acknowledges receipt af the following addendum( addenda):

Respactfuliy submitted,
S' Z
FBD Vanguard Consiruction, Inc.

Dated Legal Name of Firm
o, i' resident
Sigr aturc of uthflrizcd Rcprescntativc
Seal}
IfBidder is a corporation, show Statc in which incorporatcd.) A Califomia Co poration
The full names and post office addresses of all persons and parties interestcd ia the foregoing Bid as princigals are as follows:

N4TICE): Give first and tast names in fuIl; in case of corporation, give names of President, Secretary, Treasurer, and Manager, and in case ofpartnerships and joint ventures, give names and Past Office sddresses of all the individual membcrs.

FBD V n rd Construction Inc.

Billie Sposeto, President- 558 Greenvi[te Road, Livermore, CA 9455U Dominic Sposeto, CEO- 550 Greenville Road, Livermore, CA 94550 Barbara Welch, CFO& Secretary - 550 Greenvitfe Road, Livermore, CA 94550 00300- 6
1121
k
SECTION 00300
MOSSpALE RQLaNDABOUT IbIPROV 11iENfS BII) PROPOSAL FOR11lS CIP PS 22. 41
B[ DDER' S BOND
KNOW ALL MEN BY THESE PRESENTS:

THAT WE FBD Vanguard Constructian, Inc.
as PRINC[ PAL, and Travel rs Casual and uret Cam of America as SURETY are held; and firmly bond unta the City of Lathrop in the pena! sum of TEN PEItCENT ( 10%} OF THE TOTAL AM4UNT OF THE BID af the Principal above named, submitted by the Principal to the City of Lathrop far the work described betow, for the payment of vhich sum in[ awful money ofthe United States, well and tru[ y to be made to the City of Lathrop to which thc bid wns submitted, we bind ourselves, our heirs, executors, administratocs and successors, jointly and scveralfy, ftrntly by those presents. In na case shall the ( iabiliry of the surety 6ereunder exceed the sum of$ Ten Percent of Amount Bid ( 10°!0) THE CUI IDITION OF THIS OBL[ GAT[ ON IS SUCH,
THAT, WHEREAS, the Principaf has submitted the above mentianed bid to the City af Lathrop far certain construction specifcally described as follows, for w ich bids are to be opened at the City Hall, 390 Towne Centre Drive, Lathrop, CA: Mossdale Roundabout Improvements, CI P PS 22- 41.

NOW. THEREFORE, if the Principal is awarded the contract attd within the time and manner required under the specifications, after the prescribed farms are presented to him for signature enters into a written eontract in the prescribed Form, in accordnnce with the bid, and fites two bonds with the City, onc to guarantee faithfui performance, and the other to guarantee paymcnt for labor and materiafs as required by Eaw, then this ob( igation shall be nuf[ and void; otherwise, it shall be and remain in full force.

N WITNESS WHEREUF, wc havc hcrcunto sct our hands and scals on this 27th day of nril 2022.

FBD Van U St CtlO, f1C. ($ j) Travelers Casu i and Su m • rt of Am nca ( SeBI} S I) Seat)
Steven N Passerine, Attorney- In-Facl
Address: 550 Greenville Raad Address: 100 Califarnia Street, Ste 300 Livermore, CA 94550 San Francisco, CA 941 i 1
NOTE: Signatures of tbosc cxccuting for thc surcty must bc properly acknowlcd cd. t} t}3U()- 7
1122
CALIFORNIA AI. 1.- PURPOSE ACKNOWl, EDGMENT CIVtL GODE§ i 189 A notary pub c or other o icer completing th s cer flcafe ve ifies onty the identity of the dlvEdual who stgned the document to wh ch Ehis certificate is attached, anr! nnt the tn thfuhess, acc: utacy or va dity of that docuroent, State of Califomia
County af Contra Costa
On April 27, 2022 beforeme AnibalSamuelCampos, NotaryPublic Dafe Nere lnsert Name and Titte of fhe Olflcer
personatly appeared Steven N. Passerine
Name(s} af Signer{s}
who proved to ma on # he basis of satisfactory evidence to be ti e person( s) whose name(s} is/ are subscribed to the withi instrument and owiedyed ta ct e that he/ she/they exeauted the seme in hlsli er/their authoriied capactty{ es, and lt t by hisJherltheir signature(s)an tf e Instrumertt the per on(s), or the ent3ty upar behalf af whtch the persan( sj acted, executeci the 1r stnamen certify under PENALTY OF PEEiJURY under the laws
of the State of Ca(ifamia that the toregoing paragraph
ts true antf corcect.

AyIBAL SAMLEL UMPOS WITNESB my hand and ofiictal seal,
Nowry Pubdc• Ca ifania =
San Matea County
comnissicn; 239q6oz SignatufB
My tomn. Ex/ i rs Feb 4, 2026
Slgnatu afNotary Publlc
Place Notary Sea! Above

OPTIONAL
Though thls sectlon! s optiona/, completing thFs Informatfon can deferalteratJon of ihe documer t or fiaudulent 1? attachmer t oi this form to an uninter ded document Description of Attached Doctement
Titie or Type of Documen: Document Date•
Number of Pages: Signer(s} Othe Than Named Above:

Capacity( iesj Claimed by Signer( sj
e
Signer' s Name: Signer' s Name:

O Corparate Ofticer— Titte(s}: Carparate O cer-- 3it[e(s): ' O Partner— Umited p Gsnerat D Partner— D L(rnited O General Indiv€duat i Attomey In Fact O lndivldual pAttomey in Faat O Trustee O Gu rd an or Co servator p Trustee Quardian or Conservatar O Other: Other.

Signer Is Representing: Slgner ts Representing:

ZOt4 Natlor l i otary Association• www. Piatia alNotary. o g• 1- 800- US NOTARIf( 1- 800- 876- 6827y 1123
Travelers Casualty and Sure#y Casnpany of America
Travelers Casualty an l Surety Company TR// F+L R. st, Paul Fire and Marine insurance Company Pi7WER OF ATTORNEY
KNOW AlL MEN BY TH SE PRESENTS That Travelers Casualty and Surety Company of America, Travelers Casualty and Surery Company, and St.

Paul Fire and Marine Insurance Company are corporatlans duly organized under the laws o( tt e Siate i Connecticut{ herein coliecUvely called the Companies"}, and that the Companies tlo hereby make, constitute and appoint Steven N. Fasserine of San Ramon CalitorNa thefr tn, e and IawFul Attomeyin• Fact tq sign, execute, seai and acknowletige ny and ail bonds, recagnizances, conditionai undertakings and other writings obligatory in the nature thereof on aehaff af the Companies in ihefr business af guaranteeing the fidelity oi persons, guaranteeing the perforrnance oi contracts and executing or guarantesing bands and undertakings required or peRnikted in any aciions or proceedings allowed by law.

IN VYiTNESS WNEREOF, Ihe Companies have caused this instrument to 6e signed, and thefr corporate saals to be heteto atfix d, this 3rd day of February, xn 7. v+'.,. ,,..„,
s ti,*,/ fi
State o1 ConnecUcut
BY ,
City of Hartford ss. Robert L. Raney. Se or ce President On this the 3rd day of February, 2017, before ma personaliy appeared Robert. Raney, wkia ackno+Medged himself to be the Sen3or ce Presftieni of Tra elers Casuaity and Surety Company of Amerlca, Travetars Casualiy and Surefy Company, and S2. Paui Flre and Marine insurance Gompany, and that he, as such, be; ng authorized so to do, executed the toregoing insinsment for the purposes therein contained by signing on behalt of the carparations by himself as a duly auihorized officer.

In Wiiness Whetaal, I hereunto sek my hand and o iciat seal. o
My Commission exp6res the 30#h day oF June, 2021 p.,,,. , ,„," Mane C. Tetreauit, Notary Public
fhis Pow r of Attomey is granted under erxi by the a tihority af the following resolutions adopted by the Boards oT Disectors of 7ravelers Casualty and Sureky Company of America, Travelers Casualty and Sure4y Carnpany, and St. Paul Fire and Marine insurance Company, which resotutions are now in fvll force anri e( ied, reading as foilows:

RESO VEO, thai the Chairrnan, ths President, any Vice Chairman, ar y Executive Vice President, any 5enior ce President, any Vice President, any Second ce P esident, the Treasur, any Assistant Treasurer, the CorpQrate Secretary or any Assistant Secretary may appoint Attomeys- fn- Fact and Agents to ad for and on behaii of the Cornpany and may give such appointee such authonty as hls or her certificate oi autharity may prescribe to sign with Ihe Cornpany' s name and seaS with ihe Company" s seal bands, recognizances, contracts of indemnity, and other uritirrgs ot iigalory in the nature of a bond, recognizance, or conditionat undertahing. and any oi said oKce s or the B arzi af plrecto s at any Iime may remove arry such appnintee and revoke Ihe power given him or her; and it is
FllR7'HER RE50lVED, that the Chalrman, the Pres dent, any Vice Chalrman, any Executive Vice Presideni, any Seniar Vice Pres(dent or any Vice President may delegate all or any part of the foregoing authority to one or mose oi cers or employees of this Gompany, prov ded thai each such delegatian is in writing and a copy thereof{ s filed in ihe p ce ai the Secretary, and it is FURTHER RE50lVED, that any bond, ecagnizance, coniract ot ndemn'sty, or wriiing obligatory in the nature of a bond, recognizance, or conditiona undertak( ng shail be valid and bfnding upon the Campany+r iien{ a} signed by the Presideni, any Vice Chairman, ar y Executive Vice presideM, any 5enior Vice Presidenl or any Vice Preskient, any Second Vice Presiden#, the i'reasurer, any Assistani Treasurer, the Corporate Secretary or any ASsistant SECr8lary and duly aNasied and sealed with Ihe Company' s seal by a 5ecretary ar Assistant Secretary; or( b) duly executed{ under seal, it requ(redj by one or more Attarneys- in-Fact and Agsnfs pursuant to the pflwer prescribed in his or her certif:cate rx their certificates of authority or by one or more Gompany officers pursuant to a writian de?egatian of au#h4rsiy; and ii is FUR' f'NER RE3flLVE0, thai the signature ot each of 1he follov ing o icers President, any Executive Vice Presideni, any Senior Vice Rresident, any ce Presfde t, any Assistant Vice President, any Secretary, any P,ssistant Secretary, and ih$ seal oi the Company may be affixed by fac.simile to any Power of Attomey or to any certificafe telaiing thereta appoinling Resideni Vics Presidents, Resislent Asslstant Secretaries or Attomeys-in Fact for purposes oniy of executing and atSesitng bonds and undertakings and ather writings obtigatory in ttre natute thereof, and any such Parver of Attorney or certificate beanng such farsimite signature nr tacsimile seal shafi be valid and binding upon the Com any and any such pawer so execuieti and certified by such facsimile signature and facsimile seal shati be valid and btnding on the Canpany in the future with respect to any bond ar understanding to which it is attached_ 1, Kevin E. Hughes, the understgned, Ass stant Secretary at irave[ ers Casuatry and Surety Company af America, Travelers Casualty and Surery Company, and Si. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregafng is a true and ca rect copy oi the Power of Attnmey executed by sefd Compani s, wtrich remains in tull force and eFfeci.

Dated this 27th day nF April 2Q22
ps t
ry, tti r a,
ya
yi
O SS
r
ti. . ..

Kevin E. Hughes, Assi tanl Secretary
To veriTy the authendrrty ofdrJs Pawer ofAttvrney,please ra11 us at 1-BQO-421-3880, P/rase rrfer ta the above-named AttvrneyIn- Pactand dre detafls aftl e bond t» rvhfch the power is ahFarhed 1124
SECTION 00300
MOSSDALE RQUNDABOUT IMPROVEMENTS B[ D PROPO5A[. FORMS
C 4

NONCOLLUSIQN AFFIDAVIT

STATE OF
ss.

COUNTY QF
Billie S seto being ftrst duly sworn, deposes and says that he or she is President of FSQ var uard Construction, nc. thc party cnaking thc foregoing bid that the bid is nat made in the interest of, or on behelf of, any undisclosed person, partncrship, company, associatian, organization, or corparation; that the bid is genuine and not collusivc or sham; that the bidder has not directly or indirectly induced or salicited any other bidder to put in a false or sham bid, and has not dirtctly ar indirectly colluded, conspired, cannived, ar agrecd with any bidder ar anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder hss not in any manner, direcdy or indirectly, sought by agreemcnt, communicatian, or conference with anyone to fix thc bid pric of the biddcr or any other bidder, or of that ofany other bidder, or to secure any advantagc against the public body awarding the contract of anyone interested in ihe proposed cantract; that all statements contained in the bid are true; and, further, that the bidder 6as aot, d'urctly or indirectly, submitted his or her bid price or any brealcdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, paRnership, company associated, arganization, bid depository, or to any member or agent thereof to effcctuate a collusive or sham id.

Signature of: President, ecretary,
Manager, Projec anager or Representativc
The County af
State f
Subscribe d swom ta( or affirmed) before me
on this da of_ 20 , by
proved to SEE A7TACHED NOTARY
me on the basis of satisfacE evideace to be the
person( s) who appeared before e.

Seal
5ignature
U0300- 8
1125
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE§' 1189
A notary pubiic or otherofficercompleting this certificateverifies only the identityr ofthe individuai who s gned the document to which this certificaEe is attached, and not the truthfulness, accuracy, or valid'ity of that document State of California 1
Caunty of Aiameda j
On May 3 - 22 before me, Nicole Ferran, Notary Public
Aute Here lnsert Name ond Title of the Officer
personaUy appeared
Billie Sposeta
Name of Signer
who proved to me on the basis of satisfactory evidence to be the person( s} whose name( si istare subscrfbed to the within instrument and acknowledged to me that he/ she/ they executed the same in his/ her/ thelr authorized capacity(ies), and ihat by his/ her/thelr signature( s} on the instrument the person( s), or the entity upon behalf of which the person(s} acted, executed the fnstrumenE. 1 certify ur der PENALTY OF PERJURY under the
dltOlE FERMN laws of the State of California that the foregoing Na, ry Pubuc-[ aatror a paragraph is true and correct.

Attmeda County
Commissfon/ 27399f5 WITNESS my hand and o cfal seal. My Comm. Expires Oec 10, IQ2< Signature ...,._.

Place Notary SeaJ and/ or Sfomp, 4bove Signature Nofary Public OPTtONAL
Completing this information can deter alteration of fhe document or fraudulent reattachment of this form to an unintended document Description of Attached Document
Title or Type of Document:

Document Date: Numberof Pages:

Signer(s) Other Than Named Above:

Capacity( ies) Claimed by Signer( s)
Signer' s Name: Signer' s Name:
o Corporate Officer— Title{s): Corporate Officer— Title( s):

Partner— o Limited General o Partner— a limited General O Individual O Attorney in Fac# o lndividual Attorney in Fact o Trustee o Guardian ar Conservatar 7rustee a Guardian or Conservator o Other: o Other:

Signer is Representing: Signer is Repres2nting:

C J2019 National Notary Assocfation
1126
SECTION 003U0
M05SDALE ROUIVDABOUT IhiPROVEhiENTS Btb PROPUSAL FO1t1 iS CIP' S x2- 41
PUBLIC CONTRACT CODE SECTION 10162 QU STIONNAIRE
In accordance with Public Cantract Code Section 1U162, thc Biddcr shall complete, under penalty of perjury, the fotIowing questiannaire:

Has the Bidder, any afficcr ofthe Bidder, br any emplayee ofthe Bidder, who has a proprictary interest in the Bidder, ever been disqualified, removed, or otherwise grevented from bidding on, or camp eting a federal, state, ar local government project because af a violation of law or a safety regalation? Yes No X
Ifthe answer is yes, explain the circumstances in the following space.

PUBLIC CONTRACT SECTIpN 10232 STATEMENT
In accc rdance with Public Contract Code Sectian 1 t1232, the Contractc r hereby states under penalty of perjury, that no more ihan one final unappealab[ e finding of contempt of court by a fedcral caurt has been issued against the Contractor within the irnmediately preceding two year period because of the Contractar' s failure to camply with an orcfer flf a federal court which orders the Contractor to comply with an order ofthe Natianal Labor Relations$ oard.

NOTE: The above Statement and Questionnaire are part af the Proposal. Signing this proposal on the signature portion thereof shall also cvnstitute signature of this Statement and Questiannaire.

Bidders are cautioned that making a false certification may subject the certifter to criminal prosecutian.

ENl7 pF SECTION
oo3oa- 9
1127
n v v+ u zn cQNs. ucTTaN, nvc,

CERTI' ICATE OF SECRETARY
AS TO Ei,ECTION AUTHORITY OF OFFICERS
Effective August , 2013
Barbara WeIch cerkifies that:

1. She is the Secr tary of PBD Vanguazd Gvnstruction, Inc., a California Corporati n Corporation'.

2. The directt rs ofthe Carpermtion have autharized the foIIpwing resulution in the Action By Writtsn Cansent of the Baard afDirectors ofFBD Van uazd Constnaction, Inc. dated August _ 1, 2013:

Elecdon of Ufficers
RESOLVED, that the fallowing persons are elected ta tbe offces as set forth below to serve until the next annual meeting of the Board ofDirectors, ar until their removal, resignatinn, or death, ar until the electiun d qualification aftheir staccessars, whichever shall irst occur:

President Billie Sposeto
Chief Executiv Qff cer Daminic Sposeta
Chief Fitia.ncial Officer B xbara Welch
Secretary Barbara Welch
There or, it is RESOLVED that the officers of the Carporalion, and each of them, are authorized and directed to execute alI documents an behalf ofthe Corporation.

Dated August l, 2013 By:

Barbara Welch, Secretary
1128

PRO JECT REFERENCES
Project Name Almond Grove Street Reconstruction Phase 1 Cancretey(# 13- 31) Description Remave and Replace PCC& AC Pavement, curb, gutter, sidewalk, driveways, urb ramps and adjusk utilities.

Contract Amount 2, 361,$ 06. 00 VC Jab No. 1159
Owner Tawn of Los Gatos Cantact: Lisa Peterson
110 East Main Streei 4 8- 399-5773
Los Gatos, CA 9503Q
Prcrject Name dhlane ti eenway BART Statian Area Aaess, Safety& Placemaking Improvements( C• 3076Ay
Description Remave and replace with cancrete sidewa( k, curb ramps, asphalt traif, andscap/ irrigatian, electrical, colored concrete paving, signage and striping.

Cantract Amount 3, 287, 480. 95 VC Job No. 1291
Owner City of EI Cerritt Contact: Gerarda Avila
10890 San Pabla Avenue 51Q- 2I5- 4322
El Cerrita, G4 94530
Projett Nam Sidewalk impravements an V[ a Enrtca( 2298) bescription Remove and rep3ace 5idewalk, curb& gutter, retain ng curb, curb ramps, walkway conform, AC, striping, signage, landscape ancE electrical.

Contract Amount 741, 416. 00 VC Job No. 1287
Owner County of Alameda Contact: Vincent Sendaydiego
951 Turner Court 510-670-5771
Hayward, CA 945 5
Project Name Countywide Sidewalk Impror ements Phase 1( 4350) Descriptian Remave and replace sidewalk, curb, gutter, curb ramps, AC pavement, fencing, striping and signs.

Contraet Amount 977, 515. 9 VC 3ob No. 1247
Owner County of Sacramenko Cc ntact: Ali Chehade
970tI Goethe Road 915- 875- 2700
5acramento, CA 95827
Project Name S; dewalEc Etepair PraJect Phase 2{ PWIS31j Description Remove and replace PCC sidewalEc, vertical curb& gutter, driveway apron, rolled curb& gutter, AC pavement, and curb rarnp installatian
Contract Amount 774, 554, 00 VC 1ob No. I3I0
Owner City of Siockton Contact: Thinh Phan
1465 South Lincotn Street 209- 937- 8885
Stockton, CA 95206
1129
Project Narn Caitrans Contract# 03- 1G2804 Route 8fl Citrus H+ ights pescription install Rapid Set Individual Slab Replacement and madify electrica0 systems.

Cantract Arnauni $ 1, 274, 655. 00 VClab No, 14C? 2
Owner Califarnia Dept. of Transportation Cont ct: Sushma Lee 1727 344h Street 916- 2 3- 4926
5acramento, CA 5816
Prctj ct Name Sidewalk, Curb, and Gutter Repair Program Y 2018- 19 Sg14ProJect No, RW1825) PteQ Remove and replace PCC sidewalk, v rtica) curb& gutter, rolle curb& gutter, driveway apran and a5phait concrete pavement
Ccrntract Amount $ 1, 322, 580, 0 VC Job No. 1G57
Owner City of Stockton Cantact: Thinh Phan
1465 Sauth inc ln Street 209- 37- 8885
Stocktor, CA 952Q6
Project Name Side valk Accessibitity lmprovements 2019- 2020 E3escription Repair asphalt concre# e pavement, modify curb rarrips, reset roads6de signs, clear& grub, install curb, gutter, siderrralk, and dst ctable wamin; surfaces.

Contract Amounfi $ 594, 139. G VC Job No, 1486
C wner Covnty of San Joaqu' sn Cantact; Emmanu l Salcedo 44 N. San laaquin 5t, Ste 679 pg. q 8. 3
Stoeicton, CA 95202
Praject Narne Gt29 AUA Curb Ramps
Description Clear& Grub, remove and replace storm drain systern, turb rarrip curb& gutfier, sidewalk, hot enix asphalt, and retrofit existing ApA curb rarrip, Contract Amoun $ 84, 8Q. 5Q VC Job No. 1468
Ov ner Counry of Stanislaus C ntact; Barlow TayPas
1716 Morgan Ro d 2t 9- 225- 0280
Modesta, CA 95358
Project Name City} all C mpus tdewalk Reconstructic n Fhase 1 C? escription Retnove conerete and asphalt pavement and replac with new hvt snix asphalt, curb ramp, concrete bus pad, sidewalk, curb& gutter, driveway r turns, and new striping/ markirtgs, Contract Amaunt $ 337, 426.(} 0 VC 1ob No. 1459
Owner City Gf 5anta Rosa Contact: Lisa Welsh
65 Stony Cirrle 7( 77- 543- 3909
Sant Rosa, CA 95401
1130
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1131

ATTACHMENT D
183 D'Arcy Pkwy. T 209. 858. 5500
Lathrop, CA 95207 TRCcompanies. com
May 3, 2022
Ken Reed, Senior Construction Manager
City of Lathrop
390 Towne Centre Dr
Lathrop, CA 95330
Re: Part Time Inspection Services, CIP PS 22-41 Mossdale Roundabout Improvements Dear Mr. Reed,
We appreciate the opportunity to submit our estimated cost to provide part time Construction Inspection Services for the subject project. Our estimate is based on a 35 working day schedule, per our discussion with you on April 25, 2022 regarding the City' s project needs, our review of the project documents, and our experience with similar work.

Scope of Services
DFR Management: TRC will utilize Procore to perForm daily field inspection reports, log project photos, plans, specifications. A digital copy of Daily Field reports and photos will be provided to City of Lathrop at project completion.

Field Inspection: Complete all inspection services related to the project.TRC will prepare electronic daily inspection reports to document the contractor' s activities, location of work, and significant conversations with the contractor.

Discuss work plans with the contractor' s responsible field staff, in detail, to highlight special contract requirements and to identify and avoid potential problems.

Observe work preparations, verifying the suitability of these preparations for the work planned, and providing appropriate feedback to those involved.

Identify construction flaws as soon as possible and explore possible remedies with those concerned to get an acceptable product.

Verify material testing/ quality control testing, provided by others, is being performed as requested by City of Lathrop. Verify corrective measures are being taken as required for failing tests results.

Attend weekly project meetings run by Contractor.

Take progress photos of the work.

Prepare punch lists.

Verify implementation of contractor's safety plan
TRC will provide as-built drawings prior to final turnover.

Staffing and Cost Proposal: Dispatched from our Lathrop, California office, TRC will provide a well- qualified inspector to provide inspection services for this project. Our services will be provided on a time- and- materials basis, meaning the City of Lathrop will only be billed for services provided. We have developed our cost estimate Based on a 35 working day schedule with 4- hour per day for daytime shifts only. If the City should require or request additional services, they can be provided at additional cost. 1132
If inspection occurs outside an 8- hour workday or on weekends, an additional overtime surcharge will apply, and a budget adjustment may be required.

Thank you once again for the opportunity to provide construction management and inspection services for this project. We look forward to continuing our great working relationship with you and the City of Lathrop. Please feel free to contact Justin Wehling directly via phone at ( 916) 826- 4429 or via email at jwehlingCa trccompanies. com.

Pro' ect Estimated Fee
CIP PS 22-41 River Islands Parkway
Widening
Subtotal $ 35, 011. 00
Total $ 35, 011. 00
Respectfully submitted,
TRC ENGINEERS, INC.

C..,
Lincoln Leaman, PE, QSD Justin Wehling
Vice President and Regional Manager Project Manager
Tr C
1133
d j
City of Lathrop Construction Management for CIP PS 22- 41 Mossdale Roundabouts Improvements Cost of Servites Worksheet
2022 2023
Project Schedule
Jan feb Mar Apr May lun Jul Aug Sep Oct Nov Dec Jan Feh Calendar days 31 29 31 30 31 30 31 31 30 31 30 31 31 28 EStimated Prof. SvcS MP: 1un01, 2022 Work days 20 21 23 21 21 22 20 23 21 21 20 21 21 19 Estimated SubStantial July 22, 2022 PHASE 1: Pre- Construction

1. 5 12
Completion( Construction):

PHASE 2: Construction
35 96 n
z
16 Estimated Manhours: 195
PHASE 3: Post- Construction Totals
Position Name flate Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Oec Jan Feb Hours PHASE 1: Pre- Constructfon g 5 1, 480. 00
Projed Manager( Non- PW Duties) lustin Wehling 185. 00
4 q $ 712. 00
Inspector( Day 5T) Aaron Kovar 178. 00
SUBTOTAL: IABOR S 2, 192. 00
SUBTOTAL PHASE 1: Pre- Construction: $ 2, 192.00
PHASE 2: Construction q,995. 00
Projed Manager( Non- PW Duties) lustin Wehling 185. 00
12 15 27 $
178. 00 84 56
140 $ 24, 920. 00
Inspector( Day ST) Aaron Kovar
O
Inspector( Day OT) Aaron Kovar Z48
SUBTOTAL: LABOR $ 29, 915. 00
PHASE 3: Post- Construction . g $ 1, 450. 00
Project Manager( Non- PW Duties) lustin Wehling 185. 00 178. 00 8
8 $ 1, 424. 00
Inspector Day ST) Aaron Kovar
2, 904. 00 SUBTOTAL: LABOR S
SUBTOTAI PHASE 3: PoSFConstruction: $ 2, 904.00
SUBTOTALODC' S: S
TOTALOFCONTRACT $ 35,011.00
Notes and Assumptions:

Fees are 6ased on 35 day construccion duration with professional servires NTF anticipated in lune 2022.

Should the adual schedule require more or less professional services than proposed adjustments to this estimate may he required.

Client will be billed only for hours worked. Night work and Overtime will be billed a[ a pro- rata adjusted rate. 3% annual escalation effective every lanuary lst.

Unless otherwise noted, ahove rates are sbaight- time rates. Overtime, rain, holidays and potential time eutensions or delays may result in additional professional services.

Wages for inspe< tion subjecT to Calif. Labor Code Section 1772. Rates are based on DIR Prevailing Wage Determination NC- 63- 3- 9- 2021- 1- 9/ 1/ 21. TRC will pay and bill accordingly.

Denotes employees/ dassifications that are su6ject to prevailing wage.

Full set of Inspector Bill Rates: Name Shift NPW 5T T
onstructionManager Group2) lustinWehling NPW $ 185. 00 N/ A N/ A Inspector Group 1) Day N/ A $ 178. 00 $ 245. 00
Aaron Kovar
196. 00 $ 276. 00
Night N/ A S
City of Lathrop TRC Construction Inspection Services
CIP PS 22- 41 Mosdale Roundabout Improvements
TRC Engineers, Inc.
1134