266
CITY OF LATHROP— WOODARD & CURRAN
AMENDMENT NO. 1 TO CONTINUE PHASE 2 RECYCLED WATER PROGRAM SUPPORT SERVICES CIP RW 23- 02
2) Compensation. Section ( 2) of the AGREEMENT for Consulting Services is hereby amended as follows:
City hereby agrees to pay CONSULTANT an additional cost of 50 170 for the services set forth in Exhibit " A" of this AMENDMENT NO. 1, with a total sum not to exceed of 75, 110 ($ 24, 940 for the original AGREEMENT and $ 50, 170 for AMENDMENT NO. 1).
CONSULTANT shall be paid within thirty ( 30) days of receipt of billings containing all information contained in Paragraph 5 of the original AGREEMENT. Compensation for any task must be equal to or less than the percentage of task complete. In no event shall CONSULTANT be entitled to compensation for work not included in the original scope of work and this AMENDMENT unless a written change order or authorization describing the extra work and payment terms has been executed by CITY' S Authorized Representative prior to the commencement of the work.
3) Effective Date and Term
The effective date of AMENDMENT NO. 1 is August 8, 2022, and it shall terminate no later than June 30, 2023. AMENDMENT NO. 1 hereby extends the term of the original AGREEMENT to June 30, 2023. All other terms of the original AGREEMENT shall remain in full force and effect.
4) Applicability to Oriqinal Consultant AGREEMENT
All terms and conditions set forth in the AGREEMENT dated March 9, 2022 are still in effect and are incorporated by reference herein and said AGREEMENT is incorporated by reference herein.
5) Siqnatures
The individuals executing this AMENDMENT NO. 1 represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this AMENDMENT NO. 1 on behalf of the respective legal entities of the CONSULTANT and the CITY. This agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
267
CITY OF LATHROP— WOODARD & CURRAN
AMENDMENT NO. 1 TO CONTINUE PHASE 2 RECYCLED WATER PROGRAM SUPPORT SERVICES CIP RW 23- 02
Approved as to Form: City of Lathrop
City Attorney
Z' Z OZZ
Salvador Navarrete Date
Recommended for Approval: City of Lathrop
Assistant City Manager
Michael King Date
Approved by: City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Stephen J. Salvatore Date
City Manager
Consultant: Woodard & Curran
2175 N. California Blvd, Ste 315
Walnut Creek, CA 94596
Federal ID # 01- 0363222
Lathrop Business License # 20849
Signature Date
David L. Richardson, Vice President
268
2175 N California Bivd j T 800.426.4262
Suite 315 T 925. 627. 4100
Walnut Creek, CA 94596
www.woodardcurran. com
Via Electronic Mail
July 7, 2022
Michael King
Woodard City of Lathrop, Department of Public Works
390 Towne Centre Drive
Curran Lathrop, CA 95330
Re: Proposal to Provide Recycled Water Program Support Services— Phase 2 Dear Michael:
As the City of Lathrop continues to develop and expand its recycled water system, additional recycled water program support is needed. Woodard & Curran continues to provide recycled water permit support ( see Phase 1 scope of work previousfy provided and urider contract).
In Phase 2, Woodard & Curran will assist the City with updating the recycled water program documents for consistency with City operations and efficiencies to be identified during the staff workshop. In addition, the City has met with River Islands to discuss changes in the implementation of the recycled water program, including specific changes to allow the use of drip irrigation systems during the day and the use of recycled water on vegetated slopes for irrigation. In addition, it is anticipated that RD 2062 will be a named Distributor and enforcing agency for the use areas served by its Non- Potable Water System. As such, the agreement between the City and RD 2062 will need to updated to reflect the Producer- Distributor- User relationship.
Woodard & Curran is happy to provide continued service to the City to support permitting and has prepared the following scope.
SCOPE OF SERVICES — Phase 2
Task 1- 3 were part of Phase 1 Permit Compliance, currently under contract. Phase 2 will add funds to the existing contract to continue program support.
TASK 4: RD 2062 Agreement Su port
Provide technical assistance to the City to update the recycled water service agreement. Update recycled water program administration documents as needed to allow drip irrigation during the day and irrigation of slopes that maintain compliance with the RWGO.
This includes evaluation of the RD2062 User Agreement to best execute recycled water site approval and permit compliance as development continues going forward.
Assumptions: Limited to the level of effort listed in the fee estimate. RD2062 will maintain their own use area records and City GIS would only denote the connection points from the City' s system to RD2062' s system. City will negotiate contract terms with RD2062. 269
TASK 5: Recycled Water Program Updates
Based on scoping task and City workshop, program updates will be further refined. The City anticipates moving all recycled water distribution and use under the General Order coverage in calendar year 2022 and eliminating agricultural reuse ( returning disposal lands to developers).
Program document updates will be in alignment with this.
Woodard
Curran 1. Host workshop to review the process and identify areas of improvement to ensure future compliance as landscape irrigation areas are constructed and brought online.
2. Update Users Guide and program forms
3. Update Operations Plan as needed and develop additional City SOPs or Operations Plan sections to support RW program administration, maintenance, and operation.
4. Identify simple flow chart of activities for City to bring system online and ensure permit compliance
Assumptions: Minor edits to the existing documents are anticipated at this time ( no new documents) and are limited to the level of effort listed in the fee estimate. Consultant will provide updated electronic documents for documents developed by Consultant and redline of document developed by City (eg. City Standards). Limited to the level of effort listed in the fee estimate.
TASK 6: Training Updates
Technical support to provide online site supervisor training. Task includes minor updates the site supervisor training PowerPoint slide deck and recording the training for posting online. A simple " quiz" will be developed via Google Form or similar.
Task also includes technical support to update truck fill guidelines and procedures and development of short training presentation.
Assumptions: " Videos" will be recorded presentations of power point slide decks, no in- field video. Limited to the level of effort listed in the fee estimate.
TASK 7: Recycled Water Master Plan ( RWMP) As- Needed Su port Provide minor technical support and GIS mapping updates to RWMP consultant if/ as- needed based on direction from City staff. Work will not proceed under this task until requested.
TASK 8: Phase 2 Project Management
Monthly invoicing and progress reporting for 6 months. Up to two meetings with City staff.
Recycled Water Permit Support ( Not Included)
Coordination with the Regional Board to update the NOI to move all recycled water distribution and use to the General Order is anticipated under existing project 0012120.00 executed in September 2021. This is anticipated to include a letter to the Regional Board identifying the use of the surface water outfall and requesting an update to the NOA.
The City has also identified the need for consultant support in the future recission of the WDR, including the development of a Facility Closure Plan and a Groundwater Evaluation. The scope City of Lathrop 2 Woodard& Curran, Inc.
Lathrop_ 2022RWProgAssist_ PH2 Proposal 051822 May
270
18, 2022
of work is not yet developed as ongoing coordination is taking place with the Regional Board to determine the final work product submittals they will require.
BUDGET AND SCHEDULE
The estimated level of effort for Phase 2 of the scope is not to exceed $ 50, 170 as presented in Woodard the attached fee estimate. If you have any questions about our proposal or would like additional Curran information, please call me at ( 926) 627- 4138.
Sincerely,
WOODARD & CURRAN, INC.
C( C— , "= ['.-,
David L. Richardson, P. E.
Principal in Charge, Vice President
Attachment: Fee Estimate
City of Lathrop 3 Woodard & Curran, Inc.
Lathrop_ 2022RWProgAssist_ PH2 Proposai 051822 May
271
18, 2022
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City of
Aublec Works Department 394 T ne Centre Dr.- Lathrop, CA 95330 lyh ( 209) 941- 7340 fax( 2f19} 941• 7248
t t« v.ci.latluop. ca.
July 14, 2022
River Islands Deveiapment, LLC
Ramon BaEista- sent via email at; rbatista riverislaads. com RE: Funding Authorization for the Recyrled Water Service for th 2062 Non- Potable Water System
PRQtECT:
Attached, piease find a
copy of the Waodard & Curran, cope of wor & proposal for Suppart Services( Task 4)
AMOUNT:
Annount not to exceeci $ 10, 085 plus 15 a AdrninistraHve Fee ( 1 13). River Islands Develaprnent, LLC woutd fund the tntal amaunt of$ 11, 598. Any additi al funds v ould be approved wiEh prior written consent to do so.
CUNSULTANT( S):
Woodard& Curran
AUTHORIZATTC} N:
As a representative of River IsJands Uevelapment, LLC the above ref re ced pr4ject has been re iewed and approved for 11,598. P ymenE will be rendered t, r ugh ane of the following meth s.
Flease check one) Tl Natice to Proceed zvill not Ge iss red raitil xr iRrrit: tur l een receiver.
Checl,,., T7eveloper Acrnunt Wire Transfer( Accorutt ir/' orrrrnti n to Ge rovrded sepnrnte y)
ver slands Development, LLC
Q. Z! , 2_._.,._.
Susan ll'Ossa, D te
RETIJRN TO: Sandra L.ewis by emai! to: l wis ci. lathrop. ca. us M___ w
Officc ase only
Payment Codc; CDPR- CD Project P-ayments
Invoice Number: 2022- 5
273
274
ITEM 4. 16
CITY MANAGER' S REPORT
AUGUST 8, 2022 CITY COUNCIL REGULAR MEETING
ITEM: ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY
WESTSIDE LANDSCAPE & CONCRETE FOR THE BANTA
JOINT USE COMMUNITY PARK IMPROVEMENTS, CIP
PK 22- 40
RECOMMENDATION: Adopt Resolution Accepting Public Improvements Constructed by Westside Landscape & Concrete, Inc.
for the Banta ] oint Use Community Park
Improvements Cricket Pitch, CIP PK 22- 40,
Authorize the Filing of a Notice of Completion,
Release of Contract Retention, and Release of
Performance and Payment Bonds
SUMMARY:
Westside Landscape & Concrete, Inc. ( Westside Landscape) has completed the construction of the Capital Improvement Project ( CIP) PK 22- 40 Banta School Joint Use Community Park Improvements Cricket Pitch. Staff has inspected the improvements and has deemed these improvements complete and in accordance with the approved plans and specifications.
Westside Landscape has submitted lien releases confirming all sub- contractors and suppliers have been paid in full, and a one- year warranty bond for the improvements to be accepted.
Staff requests City Council accept the improvements constructed by Westside Landscape for the Banta School Joint Use Community Park Improvements Cricket Pitch, CIP PK 22- 40. Staff also requests City Council authorize the filing of a Notice of Completion with the San Joaquin County Clerk, the release of contract retention to Westside Landscape for $ 2, 747. 70 within forty- five ( 45) days after the recording of the Notice of Completion, and the release of performance and payment bonds.
BACKGROUND:
On March 14, 2022, City Council approved a Joint Use Agreement and related Easement Agreement between with Banta Unified School District. This ] oint Use Agreement provides community access to the 16 acres of Community Park space Banta School Joint Use Community Park) during non- school hours, including weekdays, weekends, and days when school is not in session. On April 11, 2022, City Council approved the creation of Banta School Joint Use Community Park Improvements, CIP PK 22- 40 and awarded a construction contract to Westside Landscape for the installation of the Cricket Pitch.
275
CITY MANAGER' S REPORT PAGE 2
AUGUST 8, 2022 CITY COUNCIL REGULAR MEETING
ACCEPT BANTA JOINT USE COMMUNITY PARK IMPROVEMENTS FOR CRICKET PITCH, CIP PK 22- 40 CONSTRUCTED BY WESTSIDE LANDSCAPE & CONCRETE As part of the Banta Joint Use Agreement, the City has provided the following upgrades:
To design and install a 15' x 100' cricket pitch within the joint use area. The pitch will be concrete based and covered with an all- weather synthetic surface.
The pitch will be located in a manner to provide minimal impact to the ability to provide multiple playing fields at the Banta School ) oint Use Community Pa rk.
Construction costs are as follows:
A. Construction Contract 56, 754
B. Credit for Aggregate Base Rock 1, 800
Total Construction Costs 54, 954
Upon acceptance of the improvements, the performance bond ( Bond No.
GRCA55587, $ 56, 754) and payment bond ( Bond No. GRCA55587, $ 56, 754) will be released and replaced with a one- year warranty bond ( GRCA55587, $ 54, 954). The one- year warranty bond covers any repairs or replacements that may become necessary during the one- year period beginning with this acceptance due to any defective materials or workmanship in connection with the completed improvements.
Westside Landscape has also provided the necessary lien releases for the materials supplied and completed work.
Staff requests City Council accept the improvements constructed by Westside Landscape for the Banta School Joint Use Community Park Improvements Cricket Pitch. Staff also requests City Council authorize the filing of a Notice of Completion with the San Joaquin County Clerk, the release of contract retention to Westside for 2, 747. 70 within forty- five ( 45) days after the recording of the Notice of Completion, and the release of performance and payment bonds. Staff requests that unused funds be transferred back into the Culture and Leisure Fees ( 2260).
REASON FOR RECOMMENDATION:
Westside Landscape has completed the project pursuant to the contract documents dated May 11, 2022. Staff has inspected the improvements and deemed them complete and in accordance with City standards and approved plans and specifications.
The performance bond ( Bond No. GRCA55587, $ 56, 754) and payment bond ( Bond No. GRCA55587, $ 56, 754) will be released and replaced with a one- year warranty bond ( Bond No. GRCA55587, $ 54, 954) upon City Council' s acceptance of the improvements.
276
CITY MANAGER' S REPORT PAGE 3
AUGUST 8, 2022 CITY COUNCIL REGULAR MEETING
ACCEPT BANTA JOINT USE COMMUNITY PARK IMPROVEMENTS FOR CRICKET PITCH, CIP PK 22- 40 CONSTRUCTED BY WESTSIDE LANDSCAPE & CONCRETE The warranty bond covers any repairs or replacements that become necessary during the one- year period, beginning with this acceptance, due to defective materials or workmanship in connection with the completed improvements. Westside Landscape has also provided the necessary lien releases for the materials supplied and completed work.
FISCAL IMPACT:
The final construction contract amount with Westside Landscape for CIP PK 22- 40 is for $ 54, 954. Adequate funds have been allocated in the FY 2022/ 23 budget to close out the project. With the completion of this project, staff requests that unused funds be transferred back into the Culture and Leisure Fees ( 2260).
ATTACH M ENTS:
A. Resolution Accepting Public Improvements Constructed by Westside Landscape & Concrete, Inc. for the Banta Joint Use Community Park Improvements Cricket Pitch, CIP PK 22- 40, Authorize the Filing of a Notice of Completion, Release of Contract Retention, and Release of Performance and Payment Bonds
B. Notice of Completion - Banta Joint Use Community Park Improvements Cricket Pitch ( CIP) PK 22- 40
277
CITY MANAGER' S REPORT PAGE 4
AUGUST 8, 2022 CITY COUNCIL REGULAR MEETING
ACCEPT BANTA JOINT USE COMMUNITY PARK IMPROVEMENTS FOR CRICKET PITCH, CIP PK 22- 40 CONSTRUCTED BY WESTSIDE LANDSCAPE & CONCRETE APPROVALS:
a-o Z Z
Carlos Carrillo Date
Management Analyst II
l • Z5 •Z ZZ
Ken Reed Date
Senior Construction Manager
7 Zcrt2
Brad aylor Date
City Engineer
7 a/ -
Cari Ja Date
Finance ' rector
T • Z S • Zo Z Z
Michael King Date
Assistant City M ager
Z 6 ZO Z- Z.
Salvador Navarrete Date
City Attorney
Z
St en J. Salvatore Date
City Manager
278
RESOLUTION NO. 22 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP
ACCEPTING PUBLIC IMPROVEMENTS CONSTRUCTED BY WESTSIDE
LANDSCAPE & CONCRETE, INC. FOR THE BANTA JOINT USE COMMUNITY PARK IMPROVEMENTS CRICKET PITCH, CIP PK 22- 40, AUTHORIZE THE
FILING OF A NOTICE OF COMPLETION, RELEASE OF CONTRACT
RETENTION, AND RELEASE OF PERFORMANCE AND PAYMENT BONDS WHEREAS, on March 14, 2022, City Council approved a Joint Use Agreement and related Easement Agreement between with Banta Unified School District; and WHEREAS, this Joint Use Agreement provides community access to the 16 acres of Community Park space ( Banta School Joint Use Community Park) during non- school hours, including weekdays, weekends, and days when school is not in session; and
WHEREAS, on April 11, 2022, City Council approved the creation of Banta School ) oint Use Community Park Improvements, Capital Improvement Project CIP) PK 22- 40 and awarded a construction contract to Westside Landscape and Concrete Inc. ( Westside Landscape) for the construction of Banta Joint Use Community Park Improvements Cricket Pitch, CIP PK 22- 40 ( Project) in the amount of $ 56, 754 plus a 10% construction contingency of $ 5, 746 was authorized for staff to use as necessary to achieve the goals of the Project; and WHEREAS, the scope of work included the construction of a 15' x 100' cricket pitch within the joint use area. The pitch will be concrete based and covered with an all- weather synthetic surface; and
WHEREAS, Westside Landscape successfully completed the applicable Project work at a cost of $ 54, 954; and
WHEREAS, staff has inspected the improvements and has deemed them complete and in accordance with the approved plans and specifications; and WHEREAS, Westside Landscape has provided the necessary lien releases for the materials supplied and completed work and a one- year warranty bond ( based on 10% of total Project cost) for the improvements being accepted; and WHEREAS, the performance bond ( Bond No. GRCA55587, $ 56, 754) and payment bond ( Bond No. GRCA55587, $ 56, 754) are proposed to be released and replaced with a one- year warranty bond ( GRCA55587, $ 54, 954) upon City Council' s acceptance of the improvements; and
WHEREAS, the one- year warranty bond covers any repairs or replacements that may become necessary during the one- year period, beginning with this acceptance, due to defective materials or workmanship in connection with the completed improvements; and
279
WHEREAS, staff requests City Council accept the public improvements constructed by Westside Landscape for the Banta Joint Use Community Park Improvements Cricket Pitch, CIP PK 22- 40; and
WHEREAS, adequate funds have been allocated in the FY 2022/ 23 budget to close out the project. With the completion of this project, staff requests that unused funds be transferred back into the Culture and Leisure Fees ( 2260); and WHEREAS, staff also requests City Council authorize the filing of a Notice of Completion with the San Joaquin County Clerk, the release of contract retention to Benton, in the amount of $ 2, 747. 70, within forty- five ( 45) days after the recording of the Notice of Completion, and the release of performance and payment bonds.
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby accept the public improvements constructed by Westside Landscape and Concrete Inc. for the Banta Joint Use Community Park Improvements Cricket Pitch, CIP PK 22- 40 pursuant to the contract documents dated March 22, 2022; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop authorizes the filing of the Notice of Completion with the San Joaquin County Clerk and the release of the contract retention to Westside Landscape and Concrete Inc., in the amount of $ 2747. 70, within forty- five ( 45) days after the recording of the Notice of Completion, and authorizes the release of the performance and payment bonds.
280
The foregoing resolution was passed and adopted this 8t'' day of August 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 281
ATTACHMENT B
RECORDING REpUESTED BY, AND
WHEN RECORDED MAIL TO:
CITY OF LATHROP
ATTN: CITY CLERK
390 TOWNE CENTRE DRIVE
LATHROP, CA 95330
Exempt from payment of recording fees( GC 11922)
SPACE ABOVE THIS LINE FOR RECORDER' S USE
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN:
L That the interest or estate stated in paragraph 3 herein in the rea( property herein described is owned by:
NAME STREET AND NO. CITY STATE
Citv of Lathrop 390 Towne Centre Drive Lathrop CA 95330 If more than one owner of the interest stated, the name and address of each must be stated)
2. That the full name and address of the owner of said interest or estate, if there is only one owner, and that the full names and addresses of all the co- owners who own said interest or estale as tenants in common, as joint tenants, or otherwise, if there is more than one owner, are set forth in the preceding paragraph.
3. That the nature of title or the stated owner, or if more than one owner, then of the stated owner and co- owners is:
Westside Landscape and Concrete Inc.
4. That on the 8[ h day of August 2022 a work of improvement on the real property herein described was completed.
5. That the name of the original contractor, if any, for said wark of improvement was: Westside Landscape and Concrete Inc.
6. That the name and address of the transferor is:
NAME STREET AND NO. CITY STATE
Westside Landscape and Concrete Inc. 27107 State Highway 33 Newman CA 95360
7. That the real property herein referred to is situated in the Citv of Lathrop County of San Joaquin, State of California, and is described as follows:
Pro,Lct No. CIP PK 22- 40 Banta 7oint Use Community Park Improvements Cricket Pitch— 18001 Commercial St., Lathrop, CA 95330
CITY OF LATHROP
B y:
Stephen J. Salvatore, City Manager Date
That the undersigned has knowledge of the contents herein and states under penalty of perjury that the foregoing is true and correct.
B y:
Teresa Vargas, City Clerk Date
282
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the NOTICE OF COMPLETION dated August 8, 2022 by Westside Landscape and Concrete Inc. to the City of Lathrop, a political corporation and/ or governmental agency, is hereby accepted by the undersigned officer or agent on behalf of the City Council pursuant to authority conferred by minute action of the City Council adopted on August 8, 2022, and the grantee consents to recordation thereof by its duly authorized officer.
Dated By
Stephen J. Salvatore, City Manager
283
284
ITEM 5. 1
CITY MANAGER' S REPORT
AUGUST 8, 2022 CITY COUNCIL REGULAR MEETING
ITEM: PUBLIC HEARING ( PUBLISHED NOTICE) TO
CONSIDER FIRST READING AND INTRODUCTION OF
AN ORDINANCE AMENDING TITLE 9 PUBLIC PEACE
AND WELFARE" OF THE LATHROP MUNICIPAL CODE
BY ADDING NEW CHAPTER 9. 24 TITLED " PROPERTY
AND EVIDENCE"
RECOMMENDATION: City Council to Consider the Following:
1. Hold a Public Hearing; and
2. First Reading and Introduction of an Ordinance
Amending Title 9 " Public Peace and Welfare" of
the Lathrop Municipal Code by adding new
Chapter 9. 24 Titled ' Property and Evidence"
SUMMARY:
On June 29, 2022, the City of Lathrop Police Department took over law enforcement services from the San Joaquin County Sheriff' s Office for the City of Lathrop. Under the direction of the Lathrop Chief of Police, the Property and Evidence Unit is responsible for the possession and storage of personal property and the Property and Evidence Unit has identified the need to establish local authority for disposition of personal property that goes unclaimed (" Unclaimed Personal Property").
California Civil Code Section 2080 et. seq. provide authority to municipalities to adopt local ordinances relating to the disposition of Unclaimed Personal Property, by either destruction, sale via public auction, donation or retention. The proposed draft ordinance sets forth local authority and guidelines to be codified in the Lathrop Municipal Code.
BACKGROUND:
The Lathrop Police Department Property and Evidence Unit is responsible for the documentation and retention of personal property in the possession of the Police Department. Personal property is categorized by being either Safekeeping, Found, and/ or Evidence.
Safekeeping personal property are items that have a known owner with no evidentiary value. Found personal property are items that do not have an immediately known owner and no evidentiary value. Evidence is considered items gathered pursuant to a potential criminal investigation. California Civil Code Section 2080 et. seq. allows for the disposition of Safekeeping and Found Personal property after the expiration of the time frame required by law to hold such property, when said property goes unclaimed by its owner.
285
CITY MANAGER' S REPORT PAGE 2
AUGUST 8, 2022 CITY COUNCIL REGULAR MEETING
PUBLIC HEARING NOTICE TO AMEND TITLE 9 PUBLIC PEACE AND WELFARE" BY ADDING NEW CHAPTER 9. 24 TITLED PROPERTY AND EVIDENCE"
California State Laws that provide the authority for municipalities to create local ordinances in regards to Unclaimed Personal Property are described below:
California Civil Code Section 2080 et. seq. allows for the adoption of local ordinances relating to the disposition of Safekeeping personal property after 60 days and Found personal property after 90 days, including allowing the jurisdiction under charge of the personal property to destroy, auction, or retain after the holding period expires.
California Welfare and Institutions Code 217 allows for the adoption of local ordinances relating to the donation of personal property that goes unclaimed, such as toys and bicycles, to any charitable or non- profit organizations whose goal is to prevent juvenile delinquency.
California Penal Code Section 34005 allows for the adoption of local ordinances relating to the disposition of firearms within a local jurisdictions custody and those firearms subject to destruction may be destroyed, auctioned, or used for agency purposes. This program allows the department to retain firearms that would otherwise be destroyed, for the training of officers and K9 officers.
Staff recommends Council consider adoption of the proposed draft ordinance in order to provide the City of Lathrop Police Department with the local authority and guidelines to dispose of unclaimed personal property.
REASON FOR RECOMMENDATION:
Proper evidence storage and management is an essential component of law enforcement activities. The proposed draft ordinance shall allow the Police Department to dispose of and donate unclaimed personal property to continue to provide efficient and timely services to the community.
FISCAL IMPACT:
There is no fiscal impact to the City of Lathrop, only staff time to prepare the report.
ATTACHMENTS:
A. Ordinance Approving Amendment to Title 9 " Public Peace and Welfare" of the Lathrop Municipal Code by Adding New Chapter 9. 24 Titled Property and Evidence"
286
CITY MANAGER' S REPORT PAGE 3
AUGUST 8, 2022 CITY COUNCIL REGULAR MEETING
PUBLIC HEARING NOTICE TO AMEND TITLE 9 " PUBLIC PEACE AND WELFARE" BY ADDING NEW CHAPTER 9. 24 TITLED PROPERTY AND EVIDENCE"
APPROVALS:
ZZ
Raymond Bechler Date
Chief of Police
Cari Jame Date
Finance Direc or
ZdLZ
Salvador Navarrete Date
City Attorney
Z•Z
Ste en ). Salvatore Date
City Manager
287
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. 24 TITLED PROPERTY AND EVIDENCE" WHEREAS, on June 29, 2022, the City of Lathrop Police Department took over law enforcement services from the San Joaquin County Sheriff' s Office for the City of Lathrop; and
WHEREAS, the Lathrop Police Department Property and Evidence Unit hereinafter Property and Evidence Unit") is responsible for the possession and storage of personal property; and
WHEREAS, the types of personal property in the possession of the Property and Evidence Unit are identified by the following personal property categories:
Safekeeping, Found, and Evidence; and
WHEREAS, Personal Property for Safekeeping is personal property that has a known owner and no evidentiary value, Found personal property does not have an immediately known owner and no evidentiary value, and Evidence is personal property gathered pursuant to a potential criminal investigation; and WHEREAS, the Property and Evidence Unit has identified the need to codify local authority for the disposition of personal property that goes unclaimed; and WHEREAS, California Civil Code Section 2080 et. seq. allows for the adoption of local ordinances relating to the disposition of Safekeeping personal property after 60 days and Found personal property after 90 days, including allowing the jurisdiction under charge of the personal property to destroy, auction, or retain after the holding period expires; and
WHEREAS, California Welfare and Institutions Code 217 allows for the adoption of local ordinances relating to the donation of personal property that goes unclaimed, such as toys and bicycles, to any charitable or non- profit organizations whose goal is to prevent juvenile delinquency; and
WHEREAS, California Penal Code Section 34005 allows for the adoption of local ordinances relating to the disposition of firearms within a local jurisdictions custody and subject to destruction, may be destroyed, auctioned, or used for agency purposes; and
WHEREAS, the adoption of this Ordinance would provide the City of Lathrop Police Department with the local authority and guidelines to dispose of personal property that goes unclaimed items; and
288
WHEREAS, proper notice of this public hearing was given in all respects as required by law; and
WHEREAS, the City Council has duly considered all written evidence and oral testimony presented during this August 8, 2022 public hearing.
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop, based on substantial evidence in the administrative record of proceedings and pursuant to its independent review and consideration, does hereby approve the Lathrop Municipal Code amendments incorporated herein and does 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. 24 titled Property and Evidence" to read in its entirety as follows:
CHAPTER 9. 24 PROPERTY AND EVIDENCE
9. 24. 010 Definitions.
Except where the context otherwise requires, the definitions given in this section govern the construction of this Chapter.
Found Personal Property" may represent any money, goods, things which can be considered as personal property, which is located by an individual that may lack the legal rights and obligations of ownership of such item, and relinquishes said item to the Police Department.
Personal Property", may represent money, goods, or things and is generally any object that can be moved, touched, or felt.
Safekeeping Personal Property" means the act or process of safely preserving personal property temporarily while such property is in the custody and control of the Police Department.
Unclaimed Personal Property", means personal property that is in the possession and/ or custody of the City of Lathrop Police Department, or left in its possession and/ or custody or turned over to it by a person who found or saved the same, that does not belong to the City of Lathrop, which has not been claimed by the property owner within the specified time as set forth in California Civil Code Section 2080, et. seq. and City of Lathrop Municipal Code Section 9. 24. 040, except:
A. Property subject to confiscation by law enforcement under the laws of the City of Lathrop, State of California, or of the United States. 289
B. Vehicles, the storage, sale or other disposition of which is governed by the provisions of California Vehicle Code.
9. 24. 020 General Provisions.
A. The Chief of Police shall make provisions for receiving and storage of Personal Property delivered to them or coming into their possession as herein provided and consistent with this Chapter and the laws of the State of California.
B. When applicable, a receipt shall be issued to any person( s) delivering or relinquishing Personal Property into the possession of the Police Department.
9. 24. 030 Holding of Property.
A. Every item of Personal Property in the possession of the Police Department shall be held by the Police Department for no less than the time frame as specified herein:
1. Personal Property obtained by the Police Department from a person( s) for temporary safekeeping shall be held for a period of sixty ( 60) days.
2. Personal property determined to be Found and has no known owner shall be held for a period of ninety ( 90) days.
B. Each item of Personal Property in the possession of the Police Department shall be entered into a record to be kept by the Police Department. Record of the Personal Property shall include, but is not limited to, the following information:
1. A detailed description of the Personal Property;
2. Name( s) of the person( s) from whom the Personal Property was seized or received;
3. Name( s) of any claimant( s) thereto;
4. Date and time of possession;
5. Final disposition thereof.
C. Any Personal Property coming into the possession of the Chief of Police which they determine to be dangerous or perishable may be disposed of immediately, without notice, in such a manner as they determine to be in the public interest.
9. 24.030 Restitution of Property.
A. The Police Department shall restore any such Personal Property in its possession to the person( s) submitting proof of legal ownership or right of possession which is satisfactory to the Chief of Police, and upon payment of all reasonably necessary 290
costs incurred in the care and protection thereof, and any cost of publication as may be necessary pursuant to section 9. 24. 040( A).
B. If legal ownership or right of possession cannot be determined to the satisfaction of the Chief of Police, they may refuse to restore such Personal Property to anyone until ordered to do so by a court of law.
C. Where any such Personal Property may be needed or required as Evidence in any criminal proceeding, the Chief of Police shall delay the restoration of such Personal Property to its legal owner until the conclusion of such proceedings.
D. If the legal owner is a person prohibited by law from possessing such Personal Property, restitution shall not be made.
9. 24. 040 Return of Lost Property.
A. When lost Personal Property is found and is relinquished to the Police Department in accordance with the provisions of Section 2080 et. seq. of the California Civil Code or otherwise, it shall be considered Found Personal Property and if no owner appears or proves legal ownership of such Personal Property within ninety ( 90) days thereafter, the Police Department shall, if the Personal Property is of a value of Two Hundred Fifty and no/ 100tns ($ 250. 00) Dollars or more, cause to be published at least once ( 1) in a newspaper of general circulation, notice of the Found Personal Property.
1. If after seven ( 7) days following the first ( lst) publication of the notice, no legal owner appears and proves ownership, title to the Found Personal Property shall be vested in the finder if such person has complied with the requirements of California Civil Code Section 2080 et. seq. governing the duties and obligations of a finder, and on payment of all reasonably necessary costs incurred in the care and protection thereof, including cost of publication.
B. When lost Personal Property is found and is relinquished to the Police Department in accordance with the provisions of Section 2080 et. seq. of the California Civil Code or otherwise, it shall be considered Found Personal Property and if no owner appears or proves legal ownership of such Personal Property within ninety ( 90) days thereafter and such Personal Property is of a value of Two Hundred Forty- Nine and 99/ 100tns 249. 99) Dollars or less, a publication of notice is not required and title shall vest in the finder if such person has complied with the requirements of California Civil Code Section 2080 et. seq. governing the duties and obligations of a finder, and on payment of all reasonably necessary costs incurred in the care and protection thereof.
C. Title to the Personal Property may not be vested in the finder if such person was an employee of the City at the time such Personal Property was found and if the Personal Property was found in the course of employment.
D. Title to the Personal Property may not be vested in the finder if such person prohibited by law from possessing such Personal Property. 291
9. 24. 050 Disposition of Unclaimed Property.
A. All U. S. currency so received by the Chief of Police as Personal Property and neither delivered, restored, claimed or otherwise as specified in this Chapter, to any legal owner or finder, upon expiration of the time frame to hold such Personal Property as specified in section 9. 24. 030( A), shall thereafter be deemed Unclaimed Personal Property and deposited into the City General Fund.
B. Any Personal Property not governed by statute, after being held pursuant to the provisions of section 9. 24. 030( A) shall be deemed Unclaimed Personal Property and the Police Department may cause such property to be auctioned, destroyed, or maintained for use by the City in accordance with the provisions of this Chapter and California Civil Code section 2080 et. seq.
C. Notwithstanding any of the foregoing, any toys and bicycles, or both, in the possession of the Police Department which have been deemed Unclaimed Personal Property may, at the discretion of the City Manager upon recommendation by the Chief of Police, be repaired and donated to any charitable or non- profit organization which is authorized under its articles of incorporation to participate in a program or activity designed to prevent juvenile delinquency, and which is exempt from income taxation under Federal or State Law, or both, for use in any program or activity designed to prevent juvenile delinquency, in accordance with California Welfare and Institutions Code section 217.
9. 24. 050 Transfer of Unclaimed Property for Public Auction.
All Unclaimed Personal Property in the possession of the Police Department that is not disposed of in accordance with other provisions of the Chapter shall be transferred after expiration of at least the minimum applicable holding period, to an auction company, except as follows:
1. Unclaimed Personal Property having no monetary value shall be destroyed unless it can be disposed of in the public interest or utilized pursuant to the provisions of this Chapter.
2. Unclaimed Personal Property of a type of kind for which a permit of license to sell the same is required by Federal or State Law shall be destroyed unless it can be disposed of in the public interest or utilized pursuant to the provisions of this Chapter.
3. Unclaimed Personal Property determined by the Purchasing Division to be needed for use by the City or other public use shall be retained.
9. 24. 060 Sale of Unclaimed Property at Public Auction A. Before offering any Unclaimed Personal Property for sale, an auction company or the Police Department shall publish at least once ( 1) in a newspaper of general 292
circulation a notice of intention to sell such Personal Property at public auction to the highest bidder, at a specific time and place.
B. All sales of Unclaimed Personal Property, whether by an auction company or the Police Department, shall be held not less than five ( 5) business days after publication of the notice of intention to sell in a newspaper of general circulation.
C. All Unclaimed Personal Property offered for sale at public auction shall be sold to the highest bidder.
1. Where the particular Personal Property offered for sale is one which certain persons are prohibited by law from possessing, using, or consuming, such persons shall not be permitted to participate in the bidding on such items.
2. In no circumstance shall any Personal Property be sold or disposed of until the necessity for the use thereof as Evidence has ceased.
9. 24. 070 Unsaleable and Unusable Unclaimed Property
Any Unclaimed Personal Property advertised and offered for sale but not sold and not suitable for appropriation to the use if the City shall be deemed to be of no value and shall be disposed of pursuant to the provisions of this Chapter.
9. 24. 080 Disposition of Proceeds from Public Auction of Unclaimed Property Proceeds received from the sale of Unclaimed Personal Property shall be delivered to the Director of Finance for deposit into the City General Fund.
9. 24. 090 Disposition of Unclaimed Firearms
Any pistol, revolver, firearm, weapon or destructive device which will or is designed to or may readily be converted to expel a projectile by the action of an explosive, as may be defined in Federal Law, 18 U. S. C. 921( a)( 3), coming into the possession of the Police Department, shall be disposed of in such a manner that the Chief of Police may determine to be in the public interest in accordance with the provisions of California Penal Code section 34000 et. seq.
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 293
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.
294
THIS ORDINANCE was introduced at a regular meeting of the City Council of the City of Lathrop on the 8th day of August 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, Ci y orney 295
296
ITEM 5. 2
CITY MANAGER' S REPORT
AUGUST 8, 2022 CITY COUNCIL REGULAR MEETING
ITEM: APPOINTMENT OF VOTING DELEGATE/ ALTERNATE
FOR 2022 LEAGUE OF CALIFORNIA CITIES ANNUAL
CONFERENCE
RECOMMENDATION: Approve Appointment of the City' s Voting Delegate and Alternate for the 2022 League of California
Cities Annual Conference, September 7- 9, 2022
BACKG ROU N D:
Each year, the League of California Cities ( League) holds an Annual Conference and business meeting to decide League policy for the upcoming year. This year, the Conference will be held at the Long Beach Convention Center in Long Beach, California, September 7- 9, 2022.
League membership considers and takes action on resolutions that establish League policy. In order for cities to vote at the Annual Business Meeting, a City Council must designate a voting delegate. Each city may also appoint up to two alternate voting delegates, one of whom may vote in the event that the designated voting delegate is unable to serve in that capacity.
In order for the City to participate as a voting member during the Annual Business Meeting, the City Council must discuss and formally appoint one voting delegate and an alternate as the City' s official representatives. Voting Delegates must be registered to attend the Annual Conference and must stay until conclusion of voting.
Councilmembers Diallo and Akinjo have both registered for this year' s Annual Conference, and the City Council may request one of them to volunteer to participate as the City of Lathrop voting delegate and alternate. Due to work schedules and other regional meeting commitments, other Councilmembers were not available to participate in this year' s Annual Conference. Therefore, staff is requesting that the City Council discuss and formally approve a voting delegate and alternate to participate in the 2022 League Annual Conference as the City' s voting delegate and alternate.
The general resolutions to be voted on during the conference were expected to be distributed to city officials and posted on the League website site by Monday, August 1, 2022. However, the League did not receive any resolutions by the deadline. However, a petitioned resolution can still be submitted during the annual conference and would need to be considered and voted on during the business meeting.
Additional information regarding the 2022 Conference schedule can be found on the League website https: I/www. calcities. orq detail- pages/ event/ 2022/ 09/ 07/ defaultcalendar/ annual- conference- and- expQ 297
CITY MANAGER' S REPORT PAGE 2
AUGUST 8, 2022 CITY COUNCIL MEETING
VOTING DELEGATE FOR 2022 LEAGUE ANNUAL CONFERENCE
REASON FOR RECOMMENDATION:
Resolutions approved by the General Assembly during the conference become League policy. Therefore, by participating i
the City remains informed and
participates in the policy decision- making process for the League of California Cities.
FISCAL IMPACT:
Sufficient funds are available in the City Council Training & Travel expense account for FY 2022- 23. Typically, funds are set aside for one to two Councilmembers to attend this event in person at an estimate cost of $ 1, 500, per person.
This trip is subject to reimbursements and allowance set in the new Travel Policy adopted by Resolution No. 22- 5112, unless amended by Council action.
ATTACH M E NTS:
A. 2022 Voting Delegate Packet
298
CITY MANAGER' S REPORT PAGE 3
AUGUST 8, 2022 CITY COUNCIL MEETING
VOTING DELEGATE FOR 2022 LEAGUE ANNUAL CONFERENCE
APPROVALS:
z
T resa Vargas Date
overnment Services Director
City Clerk
z z
Salvador Navarrete Date
City Attorney
8• f•ZZ
Ste n J. Salvatore Date
City Manager
299
LEAGUE OF
CALIFORNIA ATTACHMENT _
CITI ES
Council Action Advised by August 31, 2022
DATE: June 1, 2022
TO: City Managers and City Clerks
RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference 8 Expo- September 7- 9, 2022 Cal Cities 2022 Annual Conference & Expo is scheduled for September 7- 9, 2022 in Long Beach. An important part of the Annual Conference is the Annual Business Meeting during General Assembly) on Friday, September 9. At this meeting, Cal Cities membership considers and acts on resolutions that establish Cal Cities policy.
In order to vote at the Annual Business Meeting, your city council must designate a voting delegate. Your city may also appoint up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity.
Please complete the aHached Voting Delegate form and return it to Cal Cities office no later than Friday, September 2. This will allow us time to establish voting delegate/ afternate records prior to the conference.
Please view Cal Cities' event and meeting policv in advance of the conference.
Action by Council Required. Consistent with Cal Cities bylaws, a city' s voting delegate and up to two alternates must be designated by the city council.
When completing the attached Voting Delegate form, please attach either a copv of the council resolution that reflects the council action taken or have vour city clerk or mayor sian the form affirming that the names provided are those selected by the city council. Please note that desianatina the voting deleqate and alternates must be done bv city council action and cannot be accomplished bv individual action of the mayor or city manaqer alone.
Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration will open by June 1 on the Cal Cities website. In order to cast a vote, at least one voter must be present at the Business Meeting and in possession of the voting delegate card. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the Voting Delegate Desk. This will enable them to receive the special sticker on their name badges that will admit them into the voting area during the Business Meeting. 300
LEAGUE OF
CALIFORNIA
CITI ES
Transferring Voting Card to Non- Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the Business Meeting, they may not transfer the voting card to another city official.
Seating Protocol during General Assembly. At the Business Meeting, individuals with the voting card will sit in a separate area. Admission to this area will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate. If the voting delegate and alternates wish to sit together, they must sign in at the Voting Delegate Desk and obtain the special sticker on their badges.
The Voting Delegate Desk, located in the conference registration area of the Long Beach Convention Center, will be open at the following times: Wednesday, September 7, 8: 00 a. m.- 6: 00 p. m.; Thursday, September 8, 7: 00 a. m.- 4: 00 p. m.; and Friday, September 9, 7: 30 a. m.- 12: 30 p. m. The Voting Delegate Desk will also be open at the Business Meeting on Friday, but will be closed during roll calls and voting.
The voting procedures that will be used at the conference are attached to this memo.
Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city' s voting delegate and alternates.
Once again, thank you for completing the voting delegate and alternate form and returning it to Cal Cities office by Friday, September 2. If you have questions, please call Darla Yacub at ( 916) 658- 8254.
Attachments:
Annual Conference Voting Procedures
Voting Delegate/ Alternate Form
301
LEAGUE OF
CALIFORNIA
CITI ES
Annual Conference Voting Procedures
1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.
2. Designating a City Voting Representative. Prior to the Annual Conference, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the Voting Delegate Form provided to the Cal Cities Credentials Committee.
3. Registering with the Credentials CommitFee. The voting delegate, or alternates, may pick up the city's voting card at the Voting Delegate Desk in the conference registration area. Voting delegates and alternates must sign in at the Voting Delegate Desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the Business Meeting.
4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates ( or alternates), and who have picked up their city' s voting card by providing a signature to the Credentials Committee at the Voting Delegate Desk, may sign petitions to initiate a resolution.
5. Voting. To cast the city' s vote, a city official must have in their possession the city' s voting card and be registered with the Credentials Committee. The voting card may be transferred freely between the voting delegate and alternates, but may not be transferred to another city official who is neither a voting delegate or alternate.
6. Voting Area at Business Meeting. At the Business Meeting, individuals with a voting card will sit in a designated area. Admission will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate.
7. Resolving Disputes. In case of dispute, the Credentials Committee will determine the validity of signatures on petitioned resolutions and the right of a
city official to vote at the Business Meeting.
302
EAGUE OF
CALIFORNIA CITY:
CITI ES
2022 ANNUAL CONFERENCE
VOTING DELEGATE/ ALTERNATE FORM
Please complete this form and return it to Cal Cities office by Friday, September 2, 2022. Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one votin4 dele4ate and up to two alternates.
To vote at the Annual Business Meeting ( General Assembly), voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council.
Please note: Voting delegates and alternates will be seated in a separate area at the Annual Business Meeting. Admission to this designated area will be limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the Voting Delegate Desk.
1. VOTING DELEGATE
Name:
Title:
2. VOTING DELEGATE - ALTERNATE 3. VOTING DELEGATE - ALTERNATE Name: Name:
Title: Title:
ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES OR ATTEST: I affirm that the information provided reflects action by the city council to designate the voting delegate and alternate( s).
Name: Email
Mayor or City Clerk Date Phone
circle one) signature)
Please comalete and return bv Fridav, September 2, 2022 to:
Darla Yacub, Assistant to the Administrative Services Director E- mail: dyacub@calcities. org; Phone: ( 916) 658- 8254 303
304
ITEM 5. 3
CITY MANAGER' S REPORT
AUGUST 8, 2022 CITY COUNCIL REGULAR MEETING
ITEM: REVIEW AND CONSIDER OPTIONS FOR ROUNDABOUT
IMPROVEMENTS AT BROOKHURST BLVD AND GOLDEN
SPIKE TRAIL
RECOMMENDATION: Council to Consider Options for Roundabout Improvements at Brookhurst Blvd and Golden Spike
Trail
SUMMARY:
On December 13, 2021, City Council requested staff to evaluate improvements at the Towne Centre Drive / McKee Boulevard and Brookhurst Boulevard / Golden Spike Trail roundabouts 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).
On May 16, 2022, City Council created Capital Improvement Project ( CIP) PS 22- 41 Mossdale Roundabouts Improvements ( Project) and awarded a construction contract to FBD Vanguard Construction, Inc. ( FBD Vanguard) for improvements to both roundabouts.
The Project consisted of constructing new splitter islands, installing new curb ramps, resurfacing both roundabout intersections, restriping all crosswalks and enhancing existing signage. The Project included the restriction of some on- street parking in order to construct improvements and increase the visibility of pedestrians at the Brookhurst Boulevard and Golden Spike Trail roundabout.
The following alternative design options are being presented to Council for review and consideration of improvements to Brookhurst Boulevard and Golden Spike Trail roundabout:
Option 1 — Reduce Central Island
Approximate Cost $ 400, 000+ CIP PS 22- 41 Original Cost) Reduce central island
Construct splitter islands and apron
Extend curb, gutter, and landscape
Install new crosswalks and ADA ramps
Reduce pedestrian crossing distance
Allow on- street parking
305
CITY MANAGER' S REPORT PAGE 2
AUGUST 8, 2022 CITY COUNCIL REGULAR MEETING
REVIEW AND CONSIDER OPTIONS FOR ROUNDABOUT IMPROVEMENTS Option 2 — Proceed with Original Design
within CIP PS 22- 41 Contract Cost)
Central island to remain
Construct splitter islands and apron
Extend curb returns
Setback crosswalks from the roundabout
Restrict on- street parking near crosswalks
Option 3 — Install Delineators
Approximate Cost $ 10, 000)
Central island to remain
Restripe splitter islands and rotary path
Install delineators
Crosswalk locations to remain
Allow on- street parking adjacent to crosswalks
Option 4 — Convert to All- Way Stop Intersection
Approximate Cost $ 1, 500, 000)
Remove central island
Reconstruct curb, gutter, and sidewalk at all corners
Regrade Intersection
Remove and replace underground utilities
Install new crosswalks and ADA ramps
Allow on- street parking
Staff recommends that Council considers Option 1 as it provides enhanced pedestrian safety and allows for a modern roundabout design while maintaining existing on- street parking.
If Options 1 or 4 are selected, staff will revise construction documents, and return to Council for approval of related budget amendment. Option 2 includes no fiscal impact.
Funds for Option 3 will be transferred from CIP PS 22- 16 Traffic Calming Measures.
BACKGROUND:
On December 13, 2021, City Council requested staff to evaluate improvements at Towne Centre Drive / McKee Boulevard and Brookhurst Boulevard / Golden Spike Trail roundabouts 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).
On May 16, 2022, City Council created Capital Improvement Project ( CIP) PS 22- 41 Mossdale Roundabouts Improvements ( Project) and awarded a construction contract to FBD. Vanguard Construction, Inc. ( FBD Vanguard) for improvements to both roundabouts.
306
CITY MANAGER' S REPORT PAGE 3
AUGUST 8, 2022 CITY COUNCIL REGULAR MEETING
REVIEW AND CONSIDER OPTIONS FOR ROUNDABOUT IMPROVEMENTS The Project consisted of constructing new splitter islands, installing new curb ramps, resurfacing both roundabout intersections, restriping all crosswalks and enhancing existing signage. The Project included the restriction of some on- street parking in order to construct improvements and increase the visibility of pedestrians at the Brookhurst Boulevard and Golden Spike Trail roundabout.
The following alternative design options are being presented to Council for review and consideration of improvements to Brookhurst Boulevard and Golden Spike Trail roundabout:
Option 1 — Reduce Central Island
Approximate Cost $ 400, 000+ CIP PS 22- 41 Original Cost) Reduce central island
Construct splitter islands and apron
Extend curb, gutter, and landscape
Install new crosswalks and ADA ramps
Reduce pedestrian crossing distance
Allow on- street parking
Option 2 — Proceed with Original Design
within CIP PS 22- 41 Contract Cost)
Central island to remain
Construct splitter islands and apron
Extend curb returns
Setback crosswalks from the roundabout
Restrict on- street parking near crosswalks
Option 3 — Install Delineators
Approximate Cost $ 10, 000)
Central island to remain
Restripe splitter islands and rotary path
Install delineators
Crosswalk locations to remain
Allow on- street parking adjacent to crosswalks
Option 4 — Convert to All- Way Stop Intersection
Approximate Cost $ 1, 500, 000)
Remove central island
Reconstruct curb, gutter, and sidewalk at all corners
Regrade Intersection
Remove and replace underground utilities
Install new crosswalks and ADA ramps
Allow on- street parking
307
CITY MANAGER' S REPORT PAGE 4
AUGUST 8, 2022 CITY COUNCIL REGULAR MEETING
REVIEW AND CONSIDER OPTIONS FOR ROUNDABOUT IMPROVEMENTS REASON FOR RECOMMENDATION:
Currently, CIP PS 22- 41 is under construction with improvements being installed at Towne Centre Drive and McKee Boulevard. Staff is requesting that Council review and consider the design options presented above so that FBD Vanguard can construct improvements at Brookhurst Boulevard and Golden Spike Trail roundabout.
StafF recommends that Council consider Option 1 as it provides enhanced pedestrian safety and allows for a modern roundabout design while maintaining existing onstreet parking.
FISCAL IMPACT:
The initial construction contract with FBD Vanguard is for $ 971, 442 plus a 10% construction contingency in the amount of $ 97, 144 for a total cost not to exceed 1, 068, 600.
Staff estimates the approximate construction costs below for the four options presented to Council:
Option 1 - Reduce Central Island CIP PS 22- 41 Contract +$ 400, 000 Option 2 - Proceed with Original CIP PS 22- 41 Contract Design
Option 3 - Install Delineators 10, 000
Option 4 - Convert to All- Way Stop
Intersection CIP PS 22- 41 Contract + $ 1. 5M
If Options 1 or 4 are selected, staff will revise construction documents, and return to Council for approval of related budget amendment. Option 2 includes no fiscal impact.
Funds for Option 3 will be transferred from CIP PS 22- 16 Traffic Calming Measures.
ATTACH M ENTS:
A. Exhibit Option 1 - Reduce Central Island
B. Exhibit Option 2 - Proceed with Original Design
C. Exhibit Option 3 - Install Delineators
D. Exhibit Option 4 - Convert to All Way Stop Intersection 308
CITY MANAGER' S REPORT PAGE 5
AUGUST 8, 2022 CITY COUNCIL REGU} R MEETING
REVIEW AND CONSIDER OPTIONS FO-R ROUNDABOUT IMPROVEMENTS APPROVALS:
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Ang arca Date
Assistant Engineer
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Brad T or Date
City Engineer
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Cari Ja e' Date
Finance Di ector
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Michael King Date
Assistant City Manager
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Salvador Navarrete Date
City Attorney
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St en J. Salvatore Date
City Manager
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