OCTOBER 10, 2022 – Regular Meeting Agenda – 7:00 p.m.
Printed on Recycled Paper See Reverse
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October 10, 2022 – City Council Regular Meeting – 7:00 p.m.
City Council Chamber
390 Towne Centre Drive
Lathrop, California
(209) 941-7200
www.ci.lathrop.ca.us
City Council
Sonny Dhaliwal, Mayor
Diane Lazard, Vice Mayor
Paul Akinjo
Minnie Diallo
Jennifer Torres-O’Callaghan
City Staff
Stephen Salvatore, City Manager
Salvador Navarrete, City Attorney
Michael King, Assistant City Manager
Teresa Vargas, Government Services
Director / City Clerk
Brad Taylor, City Engineer
Tony Fernandes, Information Systems Director
Cari James, Finance Director
Theresa Roland, Human Resources Director
Mark Meissner, Community Development
Director
Todd Sebastian, Parks, Recreation and
Maintenance Services Director
Raymond Bechler, Chief of Police
General Order of Business
1. Preliminary
• Call to Order
• Closed Session
• Roll Call
• Invocation
• Pledge of Allegiance
• Announcements by Mayor/City Mgr.
• Informational Items
• Declaration of Conflict of Interest
2. Presentations
3. Citizen’s Forum
4. Consent Calendar
5. Scheduled Items
• Public Hearings
• Appeals
• Referrals and Reports from
Commissions and Committees
• All Other Staff Reports and/or Action
Items
• Study Sessions
6. Council Communications
7. Adjournment
Order of Discussion
Generally, the order of discussion after introduction
of an item by the Mayor will include comments and
information by staff followed by City Council
questions and inquiries. The applicant, or their
authorized representative, or interested residents,
may then speak on the item; each speaker may only
speak once to each item. At the close of public
discussion, the item will be considered by the City
Council and action taken.
Consent Calendar
Items on the Consent Calendar are considered
routine by the City Council and will be enacted by one
motion and one vote. There will be no separate
discussion of these items unless a Councilmember or
interested resident so requests, in which case the
item will be removed from the Consent Calendar and
considered separately.
1 October 10, 2022 Lathrop City Council Regular Meeting Agenda Page 1 IMPORTANT NOTICE REGARDING THIS MEETING & COVID-19
Executive Order N-29-20, issued by the Governor on March 17, 2020, set provisions which relaxed the teleconferencing requirements of the Brown Act to facilitate virtual meetings during the COVID-19 declared emergency, said provisions expired after September 30, 2021.
This public meeting will be conducted in person; all members of the City Council will attend in person. Members of the public are welcomed in person. COVID-19 and social distancing guidelines will be enforced. As a courtesy, this meeting will be available for public participation by teleconference via ZoomGov at the following link:
https://www.zoomgov.com/j/1613751565?pwd=Zkd4WGJuV0x3Wl dTSisrTjB2L0RtZz09
During the meeting, those joining by ZoomGov, will be allowed to speak prior to the close of public comment on an item. If you are using this method, please “raise the hand” feature to inform the City Clerk (meeting host) you wish to speak on the matter.
Please ensure your computer speaker and microphone are fully functional.
For audio / calling in only, dial: +1 (669) 254-5252 or +1 (669) 216-1590 o To request to speak (same as the “raise hand” feature) press *9 / When the City Clerk calls your name, press *6 to unmute.
Meeting Webinar ID: 161 375 1565 / Passcode: 930848
If you are not able to attend the meeting in person or virtually - Public comment/questions will be accepted by email to City Clerk Teresa Vargas at [email protected] or by calling (209) 941-7230 Questions or comments must be submitted by 4:00 p.m., on the day of the meeting.
To address City Council in person, please submit a purple card to the City Clerk indicating name, address, and number of the item upon which a person wishes to speak.
Council Meetings are live-streamed (with Closed Captioning) on Comcast Cable Channel 97, and on the City Council Webpage: https://www.ci.lathrop.ca.us/citycouncil/page/live-stream Addressing the Council
Any person may speak once on any item under discussion by the City Council after receiving recognition by the Mayor. Purple speaker cards will be available prior to and during the meeting. To address City Council, a card must be submitted to the City Clerk indicating name, address and number of the item upon which a person wishes to speak. When addressing the City Council, please walk to the lectern located in front of the City Council. State your name and address. In order to ensure all persons have the opportunity to speak, a time limit will be set by the Mayor for each speaker (see instructions on speaker form). In the interest of time, each speaker may only speak once on each individual agenda item; please limit your comments to new material; do not repeat what a prior speaker has said. If you challenge the nature of a proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. 2 October 10, 2022 Lathrop City Council Regular Meeting Agenda Page 2 Citizen’s Forum
Any person desiring to speak on a matter, which is not scheduled on this agenda, may do so under the Citizen’s Forum section. Please submit your purple speaker card to the City Clerk prior to the commencement of Citizen’s Forum, or submit your request to speak via the “raise hand” feature in ZoomGov. Only those who have submitted speaker cards, or have expressed an interest to speak, prior to the conclusion of Citizen’s Forum will be called upon to speak.
Please be aware the California Government Code prohibits the City Council from taking any immediate action on an item, which does not appear on the agenda, unless the item meets stringent statutory requirements. The Mayor will limit the length of your presentation (see instructions on speaker form) and each speaker may only speak once on this agenda item.
Please note, the Council Chamber has limited occupancy due to social distancing.
To leave a voice message for all Councilmembers simultaneously, dial (209) 941-7230. To send an e-mail for Councilmembers simultaneously email: [email protected]. This City Council Agenda and meeting materials can be accessed by computer or any smart device at: https://www.ci.lathrop.ca.us/meetings
General Information
For reports citing supplemental documents relating to specific agenda items, these are available for review in the City Clerk’s Office. This agenda was posted at the following locations: City Hall, Community Center, Generations Center, Senior Center, and the LathropManteca Fire District “J" Street and Somerston Parkway Offices. The meetings of the Lathrop City Council are broadcast on Lathrop Comcast Cable Television Channel 97 and live streamed on the City’s website.
Assistance will be provided to those requiring accommodations for disabilities in compliance with the Americans with Disabilities Act of 1990. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility and/or accommodations to this meeting. [28 CFR 35.102-35.104 ADA Title II] Interested persons must request the accommodation at least 2 working days in advance of the meeting by contacting the City Clerk at (209) 941-7230. Information about the City or items scheduled on the Agenda may be referred to:
Teresa Vargas, MMC
Government Services Director / City Clerk
390 Towne Centre Drive
Lathrop, CA 95330
Telephone: (209) 941-7230
3 October 10, 2022 Lathrop City Council Regular Meeting Agenda Page 3
CITY OF LATHROP
CITY COUNCIL REGULAR MEETING
MONDAY, OCTOBER 10, 2022
7:00 P.M.
COUNCIL CHAMBER, CITY HALL
390 Towne Centre Drive
Lathrop, CA 95330
AGENDA
PLEASE NOTE: There will be a Closed Session commencing at 6:00 p.m. The Regular Meeting will reconvene at 7:00 p.m., or immediately following the Closed Session, whichever is later.
1. PRELIMINARY
1.1 CALL TO ORDER
1.2 CLOSED SESSION
1.2.1 CONFERENCE WITH LEGAL COUNSEL: Anticipated Litigation - Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(b) and 54956.9(e)(1)
• 2 Potential Case(s)
1.2.2 CONFERENCE WITH LEGAL COUNSEL: Anticipated Litigation - Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(d)(2)
• 1 Potential Case(s). Owner of APN 241-400-28 alleges right to purchase City-owned real property identified as APN 241-400-
27. RECONVENE
1.2.3 REPORT FROM CLOSED SESSION
1.3 ROLL CALL
1.4 INVOCATION
1.5 PLEDGE OF ALLEGIANCE
1.6 ANNOUNCEMENT(S) BY MAYOR / CITY MANAGER
1.7 INFORMATIONAL ITEM(S) - NOTICE OF CANCELLATION OF PUBLIC
HEARING
4 October 10, 2022 Lathrop City Council Regular Meeting Agenda Page 4 • On October 6, 2022, a Notice of Cancellation of Public Hearing was noticed for the following City Council agenda item scheduled for 7:00 p.m., Monday, October 10, 2022.
PUBLIC HEARING (PUBLISHED NOTICE) TO CONSIDER AN
ORDINANCE AMENDING THE SPEED LIMITS IN THE CITY OF
LATHROP, TITLE 10 VEHICLES AND TRAFFIC, CHAPTER 10.08
SPEED LIMITS, SECTION 10.08.030 SPEED LIMITS OF THE
LATHROP MUNICIPAL CODE
This notice was prepared and posted in accordance with Government Code Section 54955.1 on October 6, 2022. Once the new date has been established, the new Notice of Public Hearing will be noticed/published as required by law.
1.8 DECLARATION OF CONFLICT(S) OF INTEREST
2. PRESENTATIONS
2.1 ECONOMIC DEVELOPMENT UPDATE
3. CITIZEN’S FORUM
Any person desiring to speak on a matter, which is not scheduled on this agenda, may do so under Citizen’s Forum. Please submit a purple speaker card to the City Clerk prior to the commencement of Citizen’s Forum. Only those who have submitted speaker cards, or have expressed an interest to speak, prior to the conclusion of Citizen’s Forum will be called upon to speak. Please be aware the California Government Code prohibits the City Council from taking any immediate action on an item, which does not appear on the agenda, unless the item meets stringent statutory requirements. The City Council can, however, allow its members or staff to briefly (no more than five (5) minutes) respond to statements made, to ask questions for clarification, make a brief announcement or report on his or her own activities. (See California Government Code Section 54954.2(a)). Unless directed otherwise by a majority of the City Council, all questions asked and not answered at the meeting will be responded to in writing within 10 business days. ALL PUBLIC
COMMENTS MUST BE MADE IN COMPLIANCE WITH THE LATHROP CITY COUNCIL HANDBOOK OF RULES AND PROCEDURES!
4. CONSENT CALENDAR
Items on the Consent Calendar are considered routine by the City Council and will be enacted by one motion and one vote. There will be no separate discussion of these items unless the Mayor, Councilmember, or citizen so requests, in which event the item will be removed from the Consent Calendar and considered separately.
5 October 10, 2022 Lathrop City Council Regular Meeting Agenda Page 5
4.1 WAIVING OF READING OF ORDINANCES AND RESOLUTIONS
Waive the Reading in Full of Ordinances and Resolutions on Agenda and Adopt by Reading of Title Only, Unless Otherwise Requested by the Mayor or a Councilmember
4.2 APPROVAL OF MINUTES
Approve Minutes for the Regular Council Meeting of September 12, 2022
4.3 TREASURER’S REPORT FOR JUNE 2022
Approve Quarterly Treasurer’s Report for June 2022
4.4 AWARD JANITORIAL SERVICES CONTRACT TO KARLA’S JANITORIAL
SERVICES AND SUPPLIERS
Adopt Resolution Awarding a Contract with Karla’s Janitorial Services and Suppliers for Janitorial Services with Term Ending June 30, 2024, and Approve Related Budget Amendment
4.5 APPROVE CIP PK 23-08 AND THE PURCHASE OF NEW PARK AMENITIES
INCLUDING BENCHES, TABLES, AND TRASH RECEPTACLES TO MEET
CITY STANDARDS
Adopt a Resolution Approving CIP PK 23-08 and the Purchase of New Park Amenities Including Benches, Tables, and Trash Receptacles from Ross Recreation and Outdoor Creations to Meet City Standards and Approving Related Budget Amendments
4.6 APPROVE PURCHASE OF ITERIS PRODUCTS FOR CITY-WIDE TRAFFIC SYSTEMS AND SAFETY UPGRADES PROJECT, CIP PS 23-01, AND
APPROVE BUDGET AMENDMENT
Adopt Resolution Approving the Purchase of Iteris Products for the Citywide Traffic Systems and Safety Upgrades Project, CIP PS 23-01, and Approve Budget Amendment
4.7 APPROVE TASK ORDER NO. 6 WITH WOODARD & CURRAN FOR THE
SURFACE WATER DISCHARGE PROJECT PERMITTING SUPPORT, CIP WW 20-17
Adopt Resolution Approving Task Order No. 6 with Woodard & Curran for Continued Permitting Support for the Consolidated Treatment Facility Surface Water Discharge Project, CIP WW 20-17
4.8 APPROVE TASK ORDER NO. 30 WITH 4LEAF, INC. FOR BUILDING
INSPECTION SERVICES
Adopt Resolution Approving Task Order No. 30 with 4LEAF Inc. to Provide Building Inspection Services in the Building Department
4.9 APPROVE CONTRACT CHANGE ORDER WITH GEORGE REED, INC. AND
RELATED BUDGET AMENDMENT ASSOCIATED WITH ROAD
MAINTENANCE AND REHABILITATION, CIP PS 22-45
6 October 10, 2022 Lathrop City Council Regular Meeting Agenda Page 6 Adopt Resolution Approving a Contract Change Order with George Reed, Inc. and Related Budget Amendment Associated with Road Maintenance and Rehabilitation, CIP PS 22-45
4.10 ACCEPT PUBLIC IMPROVEMENTS FROM CFT NV DEVELOPMENTS, LLC ASSOCIATED WITH EP NO. 2020-15
Adopt Resolution Accepting Public Improvements from CFT NV Developments, LLC Associated with Encroachment Permit No. 2020-15
4.11 CREATE CIP GG 23-07 FOR PUBLIC TRANSIT SERVICES, APPROVE MOU
WITH RTD FOR A COMMUNITY NEEDS PUBLIC TRANSIT AND
APPORTIONMENT STUDY, AND APPROVE BUDGET AMENDMENT
Adopt Resolution Creating CIP GG 23-07 for Public Transit Services, Approving a Memorandum of Understanding with San Joaquin Regional Transit District for a Community Needs Public Transit and Apportionment Study, and Approving Budget Amendment
4.12 APPROVAL OF OUT-OF-STATE TRAVEL FOR FIVE LATHROP POLICE
DEPARTMENT SWAT OFFICERS TO PARTICIPATE IN THE CALIFORNIA
ASSOCIATION OF TACTICAL OFFICERS (CATO) ANNUAL TRAINING CONFERENCE IN NOVEMBER 2022
Adopt Resolution Approving Out-of-State Travel for Five Lathrop Police Department SWAT Officers to Participate in the California Association of Tactical Officers (CATO) Annual Training Conference in Reno, Nevada from November 9, 2022 to November 12, 2022
4.13 APPROVE AMENDMENTS TO EMPLOYER- EMPLOYEE ORGANIZATION
RELATIONS RESOLUTION AND APPROVE SERVICE EMPLOYEES
INTERNATIONAL UNION LOCAL 1021 SIDE LETTER
Adopt Resolution to Approve Amendments to the Employer-Employee Organization Relations Resolution and Approve Service Employees International Union Local 1021 Side Letter
RIVER ISLANDS CONSENT ITEM(S)
4.14 APPROVE THE RIVER ISLANDS PHASE 2 WEST VILLAGE PRECISE PLANS
FOR RIVER ISLANDS PARKWAY AND CAMBAY PARKWAY AND A
COMMON USE AGREEMENT WITH RD 2062
Adopt Resolution Approving the River Islands Phase 2 West Village Precise Plans for River Islands Parkway and Cambay Parkway and a Common Use Agreement with Reclamation District 2062
5. SCHEDULED ITEMS
*See Informational Item 1.7 – for information related to Notice of Cancellation of Public Hearing for Item to Consider an Ordinance Amending the Speed Limits in the City of Lathrop.
7 October 10, 2022 Lathrop City Council Regular Meeting Agenda Page 7
5.1 PUBLIC HEARING (PUBLISHED NOTICE) TO CONSIDER THE 2023
SJMSCP DEVELOPMENT FEE ANNUAL ADJUSTMENT
Council to Consider the Following:
1. Hold a Public Hearing; and
2. Adopt a Resolution Approving an Annual Adjustment to the San Joaquin County Multi-Species Habitat Conservation and Open Space Plan (SJMSCP) Development Fee for 2023
5.2 PUBLIC HEARING (PUBLISHED NOTICE) TO CONSIDER VESTING TENTATIVE SUBDIVISION MAP VTM-22-100 FOR THE QUEIROLO ROAD
SUBDIVISION PROJECT
Council to Consider the Following:
1. Hold a Public Hearing; and
2. Adopt a Resolution Approving Vesting Tentative Subdivision Map (VTM-22-100) for the Proposed Queirolo Road Subdivision Project to Create 85 Single-Family Residential Lots
5.3 CREATION OF CAPITAL IMPROVEMENT PROJECT (CIP) GG 23-06
TEMPORARY ANIMAL SHELTER, RATIFICATION OF EMERGENCY
PURCHASE OF TWO 6-KENNEL ANIMAL SHELTERS, AND APPROVAL OF EMERGENCY PURCHASE OF 18-KENNEL ANIMAL SHELTER AND RELATED
BUDGET AMENDMENT
Adopt Resolution Creating Capital Improvement Project (CIP) GG 23-06 Temporary Animal Shelter, Ratifying Emergency Purchase of Two 6- Kennel Animal Shelters, and Approving Emergency Purchase of 18- Kennel Animal Shelter from Horizon Structures and Related Budget Amendment
5.4 FISCAL YEAR (FY) 2021-22 YEAR-END BUDGET REPORT AND RELATED AMENDMENTS AND AMENDMENTS TO THE FISCAL YEAR 2022-23
BUDGET
Adopt Resolution Approving the FY 2021/22 Year-End Report and Related Budget Amendments and Amending the FY 2022/23 Budget
5.5 REVIEW AND CONSIDER TRAFFIC CALMING OPTIONS FOR JOHNSON
FERRY ROAD AND THE INTERSECTION OF THOMSEN ROAD / WARFIELD ROAD
Council to Consider Options for Traffic Calming Improvements for Johnson Ferry Road and at the Intersection of Thomsen Road / Warfield Road
8 October 10, 2022 Lathrop City Council Regular Meeting Agenda Page 8
6. COUNCIL COMMUNICATIONS
6.1 MAYOR DHALIWAL REFERRAL - Appointment of One (1) Member to the Youth Advisory Commission, with Term Ending, May 31, 2023 • One (1) Application Received / Nine (9) Commission Member Vacancies Available
6.2 MAYOR & COUNCILMEMBER COMMITTEE REPORT(S)
• Central Valley Executive Committee/LOCC (Akinjo/Diallo) • Council of Governments (Lazard/Diallo)
• Integrated Waste Management Solid Waste Division (Akinjo/TorresO’Callaghan) • Reclamation District 17 Joint Powers Authority (Salvatore) • San Joaquin Partnership Board of Directors (Salvatore) • San Joaquin County Commission on Aging (Zavala)
• San Joaquin Valley Air Pollution Control District (Akinjo/Dhaliwal) • Water Advisory Board (Torres-O’Callaghan/Lazard)
• Tri Valley-San Joaquin Valley Regional Rail Authority (Akinjo) • San Joaquin Area Flood Control Agency (Akinjo & Lazard) • LAFCo (Diallo)
6.3 MAYOR & COUNCILMEMBER COMMENT(S)
7. ADJOURNMENT
/Teresa Vargas/
Teresa Vargas, MMC
Government Services Director/
City Clerk
9 10
7 i` EM _._.
NOTICE OF CANCELLATION
OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the following City Council Agenda Item scheduled for 7: 00 p. m., Monday, October 10, 2022, has been cancelled.
Once the new date has been established, the new Notice of Public Hearing will be noticed/ published as required by law.
PUBLIC HEARING ( PUBLISHED NOTICE) TO CONSIDER AN
ORDINANCE AMENDING THE SPEED LIMITS IN THE CITY OF
LATHROP, TITLE 10 VEHICLES AND TRAFFIC, CHAPTER 10. 08
SPEED LIMITS, SECTION 10.08. 030 SPEED LIMITS OF THE LATHROP
MUNICIPAL CODE
City Council to Consider the Following:
1. Hold a Public Hearing; and
2. Introduction and First Reading of an Ordinance of the City Council of the City of Lathrop Amending Section 10. 08. 030 " Speed Limits" ofthe Lathrop Municipal Code
This notice was prepared and posted in accordance with Government Code Section 54955. 1 on October 6, 2022.
Teresa Vargas, MMC
Government Service Director
City Clerk
11 12
ITEM 4. 2
CITY OF LATHROP
CITY COUNCIL REGULAR MEETING
MONDAY, SEPTEMBER 12, 2022
7: 00 P. M.
COUNCIL CHAMBER, CITY HALL
390 Towne Centre Drive
Lathrop, CA 95330
MINUTES
PLEASE NOTE: There was a Closed Session, which commenced at 5:32 n.m. The ReQular Meetina will reconvened at 7:05 u.m.
1. PRELIMINARY
1. 1 CALL TO ORDER - Mayor Dhaliwal called the meeting to order at 5: 32 p. m.
1. 2 CLOSED SESSION
1. 2. 1 CONFERENCE WITH LEGAL COUNSEL: Anticipated Litigation - Significant Exposure to Litigation Pursuant to Government Code Section 54956. 9( b)
3 Potential Case( s)
1. 2. 2 CONFERENCE WITH REAL PROPERTY NEGOTIATIONS: Pursuant to Government Code Section: 54956. 8
Property: APN 192- 040- 56 ( Addresses Not Available)
Agency Negotiator: Stephen Salvatore, City Manager
Negotiating Parties: Lathrop Land Acquisition, LLC
Under Negotiation: Price and Terms of Negotiations
RECONVENE - Mayor Dhaliwal reconvened the meeting at 7: 05 p. m.
1. 2. 3 REPORT FROM CLOSED SESSION
City Attorney Salvador Navarrete reported that direction was provided pursuant to all matters under Item 1. 2; and approved terms of real property acquisition under Item 1. 2. 2; no other reportable action.
1. 3 ROLL CALL Present: Mayor Dhaliwal; Vice Mayor Lazard; Councilmembers: Akinjo, Diallo, and
Torres- O' Callaghan.
Absent: None
September 12, 2022 Lathrop City Council Regular Meeting Minutes Page 1 13 1. 4 INVOCATION - Pastor Tacia Gampon, New Life Church, provided the invocation.
1. 5 PLEDGE OF ALLEGIANCE - The Girl Scout of America Troop 1450 lead the pledge of allegiance.
1. 6 ANNOUNCEMENT( S) BY MAYOR / CITY MANAGER
City Manager Stephen Salvatore delegated comments to Finance Director Cari James. Ms. James provided an update related to postponed utility service accounts disconnections for non- payment under the Governor' s Executive Order N- 42- 20.
1. 7 INFORMATIONAL ITEM( S) - None
1. 8 DECLARATION OF CONFLICT( S) OF INTEREST
Vice Mayor Lazard declared a conflict of interest with Items 4. 18 through
4. 21, due to her employment with Dell' Osso Farms. Councilmember Diallo declared a conflict of interest with Items 4. 18 through 4. 21, due to an agreement with the River Islands Development.
2. PRESENTATIONS
2. 1 PRESENTATION OF CERTIFICATES OF APPRECIATION TO THE NATIONAL NIGHT OUT 2022 BLOCK PARTY PARTICIPANTS
Mayor Dhaliwal, Members of the City Council, and Chief of Police Raymond Bechler presented certificates of appreciation to the following 2022 National Night Out Block Party Participants: Michele Anderson, River Islands Riptide Football and Cheer Organization, Girl Scouts of America Troop 1450, River Islands Development LLC., Gloryanna and Ron Rhodes, Lorie and Jim Hilson, Angelica Flores, Jaqueline Love, Tracey Sylvester, Dinelle Davis- Arlia and Aldo Arlia, Francis Dixon, Hailey Emery, Lathrop ) R Spartans, and Cierra Zapata.
2. 2 INTRODUCTION OF NEW EMPLOYEES:
Deputy Finance Director Thomas Hedegard introduced new employees in the Finance Department: Sr. Customer Service Representative Amanda Pagan- Silva, Customer Service Supervisor Roopale BulsaraPopal, and Management Analyst La Sandra Sipp.
Assistant City Manager Michael King introduced new employee in the Public Works Department: Administrative Assistant Monica Garcia.
September 12, 2022 Lathrop City Council Regular Meeting Minutes Page 2 14 Parks, Recreation and Maintenance Services Director Todd Sebastian introduced new employees in the Parks, Recreation and Maintenance Services Department: Administrative Assistant Amy Olson, and Streets Maintenance Operations Manager Jason Bonilla. Mr. Sebastian also recognized newly promoted Sr. Recreation Leader Christopher McClain.
City Council consensus directed staff to hear Item 3 ( Citizen' s Forum) and Item 4 Consent Calendar), before Items 2. 3 ( Mayor' s Committee Report( s)) and Z. 4 Lathrop Police Department Startup Budget Update), due to the large crowd wishing to speak on the consent calendar.
2. 3 MAYOR' S COMMITTEE REPORT( S)
Parks, Recreation and Maintenance Services Director Todd Sebastian reported on various past and upcoming events and programs, some of the highlights included:
Sangalang Park Grand Reopening
Announced the reopening of Sangalang Park scheduled for September 15, 2022 at 6: 00 p. m.
Special Events
Provided an overview on various upcoming events: " Comedy Under the Stars", scheduled for September 16, 2022; and ' Trunk or Treat" scheduled for October 22, 2022.
Senior Center Programs
Provided an overview on various past events: " Lathrop Police Department Senior Tour" held August 3, 2022; " Senior Summer Day Camp" held August 4, 2022; ' Grandparents Day Luncheon" held September 9, 2022; and " Country Breakfast" scheduled the lst Friday of the Month at 9: 00 a. m.
Youth Development
Provided an overview on various upcoming events: " Revenge of the Robots - Kid' s Night Out" scheduled for September 16, 2022; and " Teddy Bear Safari" scheduled for September 21, 2022 for ages 3- 5.
Teen Programs
Provided an overview on various upcoming events: " Teens Bowling Night" scheduled for September 23, 2022, for grades 7- 12th; and " Teen Halloween Party" scheduled for October 21, 2022, for grades 7- 12tn
September 12, 2022 Lathrop City Council Regular Meeting Minutes Page 3 15 Leisure Programs
Provided an overview on upcoming leisure programs: youth beginner cricket" for ages 6- 17; after school skateboarding class for ages 5- 17; and sewing classes for ages 9- 13 & adults.
2. 4 LATHROP POLICE DEPARTMENT STARTUP BUDGET UPDATE
Finance Director Cari James provided the presentation. A question and answer period ensued throughout the presentation.
3. CITIZEN' S FORUM
Irene Torres ( zoom speaker) expressed concern with continuous commercial truck traffic on the residential portion of Lathrop Road. Chief of Police Raymond Bechler provided additional information.
4. CONSENT CALENDAR
On a motion by Mayor Dhaliwal, seconded simultaneously by Councilmembers Torres- O' Callaghan and Diallo, the City Council approved the Consent Calendar, except Items * 4. 18 through 4. 21, by the following roll call vote, unless otherwise indicated:
Ayes: Akinjo, Diallo, Lazard, Torres- O' Callaghan and Dhaliwal Noes: None
Absent: None
Abstain: None
Items 4. 18 to 4. 21 were voted on separately from the Consent Calendar.
4. 1 WAIVING OF READING OF ORDINANCES AND RESOLUTIONS
Waived the reading in full of ordinances and resolutions on agenda and adopt by reading of title only, unless otherwise requested by the Mayor or a Councilmember.
4. 2 APPROVAL OF MINUTES
Approved Minutes for the Regular Council Meeting of August 8, 2022.
4. 3 SECOND READING AND ADOPTION OF ORDINANCE 22- 439 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"
Pulled by Vice Mayor Lazard. A question and answer period ensued.
Chief of Police Raymond Bechler provided additional information.
September 12, 2022 Lathrop City Council Regular Meeting Minutes Page 4 16 Waived full reading and adopted Ordinance 22- 439, by title only, amending Title 9 " Public Peace and Welfare" of the Lathrop Municipal Code, by adding new Chapter 9. 24, titled " Property and Evidence".
4. 4 2022 CONFLICT OF INTEREST CODE BIENNIAL AMENDMENT
Adopted Resolution 22- 5133 adopting an amended Conflict of Interest Code.
4. 5 UNCOLLECTIBLE UTILITY AND MISCELLANEOUS CUSTOMER ACCOUNTS Approved write- off of uncollectible utility and miscellaneous accounts for Fiscal Year 2021- 22.
4. 6 APPROVE AMENDMENTS TO EMPLOYEE CLASSIFICATIONS / JOB
DESCRIPTIONS FOR VARIOUS DEPARTMENTS
Adopted Resolution 22- 5134 approving amendments to job descriptions for positions in various departments.
4. 7 APPROVE OUT- OF STATE TRAVEL FOR LATHROP POLICE DEPARTMENT STAFF TO PARTICIPATE IN THE RIMSCON 2022 CONFERENCE IN
OCTOBER 2022
Adopted Resolution 22- 5135 approving out-of-state travel for two Lathrop Police Department staff inembers to attend the RIMSCON 2022 Conference in South Lake Tahoe, Nevada from October 10, 2022 to October 14, 2022.
4. 8 APPROVE CHANGE ORDER NO. 2 WITH NEXTGEN ALPHA UPFITTING FOR
THE PURCHASE AND INSTALLATION OF POLICE VEHICLE EQUIPMENT FOR RETROFITi' ING OF EXISTING POLICE DEPARTMENT FLEET
Adopted Resolution 22- 5136 approving Change Order No. 2 with NextGen Alpha Upfitting for the purchase and installation of vehicle equipment for retrofitting of existing Police Department fleet.
4. 9 APPROVE COMMUNITY WORKFORCE AND TRAINING AGREEMENT WITH
THE SAN JOAQUIN BUILDING AND CONSTRUCTION TRADES COUNCIL
FOR THE CORPORATION YARD AND EVIDENCE FACILITY RETROFIT PROJECT, GG 21- 13
Pulled by Councilmember Diallo. A question and answer period ensued.
City Manager Stephen Salvatore and Assistant City Manager Michael King provided additional information.
September 12, 2022 Lathrop City Council Regular Meeting Minutes Page 5 17 In person speakers: Jason Lindsey, Michael Mark, Orlando Castelion, Will Kelly, Isabella Gomez, Gorgina Halaufia, and Manuel Zapata spoke in support of the item.
Adopted Resolution 22- 5137 approving a Community Workforce and Training Agreement with the San Joaquin Building and Construction Trades Council, for the Corporation Yard and Evidence Facility Retrofit Project, GG 21- 13.
4. 10 APPROVE AMENDMENT NO. 1 WITH WGR SOUTHWEST, INC. FOR PHASE
II SMALL MUNICIPAL SEPARATE STORM SEWER SYSTEM PROGRAM, RCP SD 22- 32 AND RELATED BUDGET AMENDMENT
Pulled by Councilmember Akinjo. A question and answer period ensued.
City Engineer Brad Taylor provided additional information.
Adopted Resolution 22- 5138 approving Amendment No. 1 with WGR Southwest, Inc. to provide support services for Phase II Small Municipal Separate Storm Sewer System Program, Regulatory Compliance Program ( RCP) SD 22- 32, and related budget amendment.
4. 11 APPROVE AMENDMENT NO. 1 TO THE PUBLIC INFRASTRUCTURE
CREDIT AND REIMBURSEMENT AGREEMENT RELATING TO THE
CENTRAL LATHROP SPECIFIC PLAN AREA
Pulled by Councilmember Akinjo. A question and answer period ensued.
City Engineer Brad Taylor provided additional information.
Adopted Resolution 22- 5139 approving Amendment No. 1 to the Public Infrastructure Credit and Reimbursement Agreement with Saybrook CLSP, LLC and Lathrop Land Acquisition, LLC, relating to the Central Lathrop Specific Plan Area.
4. 12 APPROVE RELOCATION OF RIVER PARK NORTH AND APPROVE THE
NAMING OF TWO NEW PARKS
Adopted Resolution 22- 5140 approving the relocation of River Park North, and the naming of two new neighborhood parks in the Central Lathrop Specific Plan Area, as Lions Park and Rotary Park.
4. 13 ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY RTC
CONSTRUCTION MANAGEMENT, INC., DBA R. L. FRIEND
CONSTRUCTION, INC., FOR WATER SYSTEM REPAIRS, CIP PW 21- 07 Adopted Resolution 22- 5141 approving public improvements constructed by RTC Construction Management, Inc., dba R. L. Friend Construction, Inc., for water system repairs, CIP PW 21- 07, authorizing September 12, 2022 Lathrop City Council Regular Meeting Minutes Page 6 18 the filing of a Notice of Completion, releasing contract retention, and releasing Performance and Payment Bonds.
4. 14 ACCEPT PUBLIC OFFSITE LANDSCAPE IMPROVEMENTS FROM SOUTH
LATHROP LAND, LLC
Adopted Resolution 22- 5142 accepting offsite landscape improvements from South Lathrop Land, LLC in the South Lathrop Specific Plan Area.
4. 15 CREATE CIP PS 23- 04 FOR THE JOHNSON FERRY STREETLIGHT
INSTALLATION, AND APPROVE RELATED BUDGET AMENDMENT
Adopted Resolution 22- 5143 approving the creation of CIP PS 23- 04, Johnson Ferry streetlight installation, awarding a Construction Contract to Bockmon & Woody Electric Co. Inc., and related budget amendment.
4. 16 AWARD CONSTRUCTION CONTRACT TO ODYSSEY LANDSCAPING, INC.
FOR MOSSDALE IRRIGATION & LANDSCAPE IMPROVEMENTS, CIP GG 20- 19, AND LOUISE AVE & LATHROP RD LANDSCAPE IMPROVEMENTS, CIP GG 21- 15, AND APPROVE BUDGET AMENDMENT
Adopted Resolution 22- 5144 awarding Construction Contract to Odyssey Landscaping, Inc., for the Mossdale irrigation and landscape improvements, CIP GG 20- 19, and Louise Ave & Lathrop Rd landscape improvements, CIP GG 21- 15, and related budget amendment.
4. 17 AWARD CONSTRUCTION CONTRACT TO PACIFIC EXCAVATION, INC.
FOR STREETLIGHTS FOR LOUISE AVENUE LANDSCAPE, CIP GG 21- 15,
AND APPROVE BUDGET AMENDMENT
Adopted Resolution 22- 5145 awarding Construction Contract to Pacific Excavation, Inc., for streetlight improvements for the Louise Ave landscape portion of CIP GG 21- 15, and related budget amendment.
RIVER ISLANDS CONSENT ITEM( S)
Vice Mayor Lazard and Councilmember Diallo recused themselves at 8: 18 p. m., following the vote of the consent calendar ( Items 4. 1 to 4. 17), prior to the vote of Item 4. 18, due to declared conflict of interested as noted on Item 1. 8. City Attorney Salvador Navarrete announced that Vice Mayor Lazard was stepping down due to receiving $ 500 or more, due to her employment with Dell' Osso Farms, and Councilmember Diallo was stepping down due to an agreement with the River Islands Development, and the Fair Political Practices Commission ( FPPC) determination/ legal opinion on the matter was pending.
September 12, Z022 Lathrop City Council Regular Meeting Minutes Page 7 19 On a motion by Mayor Dhaliwal, seconded by Councilmember TorresO' Callaghan, the City Council approved Items 4. 18 through 4. 21, by the following roll call vote, unless otherwise indicated:
Ayes: Akinjo, Torres- O' Callaghan and Dhaliwal
Noes: None
Absent: None
Abstain: Diallo and Lazard
4. 18 APPROVE PROFESSIONAL SERVICES AGREEMENT WITH DELL' OSSO FARMS, LLC. TO PROVIDE LAW ENFORCEMENT SERVICES FOR THE PUMPKIN MAZE EVENT, OCTOBER 1, 2022 THROUGH OCTOBER 31, 2022
Adopted Resolution 22- 5146 approving Professional Services Agreement with Dell' Osso Farms, LLC, to provide law enforcement services for the Pumpkin Maze Event, October 1, 2022 through October 31, 2022.
4. 19 APPROVE THE RIVER ISLANDS PHASE ONE PARKS AND OPEN SPACE
MASTER PLAN
Adopted Resolution 22- 5147 approving the River Islands Phase One Parks and Open Space Master Plan.
4. 20 APPROVE TWO RIVER ISLANDS COMMUNITY PARK DESIGNS
Adopted Resolution 22- 5148 approving two ( 2) new River Islands Community Park designs for the Lathrop Landing Community Park and STEAM Academy Community Park.
4. 21 ACCEPT PUBLIC IMPROVEMENTS INCLUDING WATER TANK, BOOSTER
PUMPS, AND SEWER PUMP STATION, APPROVE COMMON USE
AGREEMENT WITH RD 2062, ACCEPT IRREVOCABLE OFFER OF
DEDICATION FOR STORM DRAIN EASEMENT, AND GRANT DEED FOR PORTION OF PARCEL 1 OF TRACT 3876 ( EMPLOYMENT CENTER) FROM
RIVER ISLANDS DEVELOPMENT, LLC
Pulled by Councilmember Akinjo. A question and answer period ensued.
City Engineer Brad Taylor provided additional information.
Adopted Resolution 22- 5149 accepting Public Improvements, Including Water Tank, Booster Pumps, and Sewer Pump Station, Approve Common Use Agreement with RD 2062, Accept Irrevocable OfFer of Dedication for Storm Drain Easement, and Grant Deed for Portion of Parcel 1 of Tract 3876 ( Employment Center) from River Islands Development, LLC
September 12, 2022 Lathrop City Council Regular Meeting Minutes Page 8 20 5. SCHEDULED ITEMS
Vice Mayor Lazard and Councilmember Diallo returned to the dais at 8: 22 p. m.
5. 1 RECEIVE UPDATE ON CIP GG 22- 35 CAMERA SURVEILLANCE SYSTEMS
FOR MAJOR CITY PARKS, AND REQUEST APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH IXII GROUP, INC. TO PROVIDE
CONSULTING SERVICES RELATED TO TECHNOLOGY PLATFORMS AND
EQUIPMENT ASSOCIATED WITH GATHERING VIDEO DATA AT VARIOUS LOCATIONS WITHIN THE CITY, CIP GG 22- 35
City Manager Stephen Salvatore introduced City Consultant, Jamie Hudson, with the IXII Group, Inc. Mr. Hudson provided the presentation.
A question and answer period ensued throughout the presentation. The City Council received an update on the project and discussed the options presented.
On a motion by Vice Mayor Lazard, seconded by Councilmember Akinjo, the City Council adopted Resolution 22- 5150 approving Professional Services Agreement with IXII Group, Inc., to provide consulting services related to technology platforms and equipment associated with camera surveillance systems for major city parks, and project budget amendment for $ 246, 950, including a 10% project contingency, CIP GG 22- 35.
Ayes: Akinjo, Diallo, Lazard, Torres- O' Callaghan and Dhaliwal Noes: None
Absent: None
Abstain: None
City Council consensus directed staff to present Item 5.5, before Item 5.2, to accommodate members in the audience waiting to hear time Item 5. 5.
5. 2 PUBLIC HEARING AND APPROVAL OF THE SAN JOAQUIN AREA FLOOD
CONTROL AGENCY' S MOSSDALE TRACT AREA REGIONAL URBAN LEVEL
OF FLOOD PROTECTION DEVELOPMENT IMPACT FEE UPDATE NEXUS
STUDY AND RELATED COLLECTION AGREEMENT
City Engineer Brad Tayl•or introduced Seth Wurzel, Larsen Wurzel & Associates, Inc., representing the San Joaquin Area Flood Control Agency. Mr. Wurzel provided the presentation. A question and answer period ensued following the presentation. City Manager Stephen Salvatore provided additional information. Mayor Dhaliwal opened the public hearing. There were no speakers. Mayor Dhaliwal closed the public hearing.
September 12, 2022 Lathrop City Council Regular Meeting Minutes Page 9 21 On a motion by Councilmember Akinjo, seconded by Vice Mayor Lazard, the City Council considered the following:
1. Held a public hearing; and
2. Adopted Resolution 22- 5151 approving the Nexus Study, and delegating authority to the City Manager to execute the amended Collection Agreement with the San Joaquin Area Flood Control Agency, San Joaquin County and the Cities of Manteca and Stockton.
Ayes: Akinjo, Lazard, Torres- O' Callaghan and Dhaliwal Noes: None
Absent: None
Abstain: * Diallo
The City of Lathrop City Council Handbook Rules and Procedures, page 13, Chapter IV, Section 8( 5) applies to abstentions without identified legal disqualifications.)
5. 3 PUBLIC HEARING ( PUBLISHED NOTICE) TO CONSIDER ADOPTION OF
THE REGIONAL URBAN LEVEL OF FLOOD PROTECTION DEVELOPMENT
LEVEE IMPACT FEE IN THE MOSSDALE TRACT AREA
Seth Wurzel, Larsen Wurzel & Associates, Inc., representing the San oaquin Area Flood Control Agency, provided the presentation under Item 5. 2. Mayor Dhaliwal opened a second public hearing as required for Item 5. 3. There were no speakers. Mayor Dhaliwal closed the public hearing.
On a motion by Mayor Dhaliwal, seconded by Councilmember Akinjo, the City Council considered the following:
l. Held a public hearing; and
2. Adopted Resolution 22- 5152 approving the Regional Urban Level of Flood Protection Development Levee Impact Fee in the Mossdale Tract Area.
Ayes: Akinjo, Lazard, Torres- O' Callaghan and Dhaliwal Noes: None
Absent: None
Abstain: * Diallo
The City of Lathrop City Council Handbook Rules and Procedures, page 13, Chapter IV, Section 8( 5) applies to abstentions without identified legal disqualifications.)
September 12, 2022 Lathrop City Council Regular Meeting Minutes Page 10 22 5. 4 GRAND JURY REPORT RESPONSE
City Attorney Salvador Navarrete provided the presentation. A question and answer period followed.
On a motion by Councilmember Akinjo, seconded by Vice Mayor Lazard, the City Council accepted the Grand Jury Report on Cybersecurity and directed the City Attorney to submit a letter to the Presiding Judge of the San Joaquin County Superior Court responding to the findings and recommendations of the Grand Jury Report.
Ayes: Akinjo, Diallo, Lazard, Torres- O' Callaghan and Dhaliwal Noes: None
Absent: None
Abstain: None
5. 5 CITY COUNCIL DISCUSSION REGARDING REGULATION AND PERMIT
OPTIONS FOR TATTOO/ BODY ART ESTABLISHMENTS
Community Development Director Mark Meissner and Assistant Community Development Director Rick Caguiat provided the presentation. A question and answer period ensued throughout the presentation.
Phillip Mendoza ( in person speaker) spoke in support of the item and provided information related to the health and safety compliance requirements for tattoo parlors.
On a motion by Mayor Dhaliwal, seconded by Vice Mayor Lazard, the City Council discussed the item and provided staff with direction to prepare an ordinance, using option 1 presented, similar to City of Riverbank conditions of approval, and one business license per 30, 000 residents, for review by the Planning Commission and subsequent consideration of the City Council, for regulation and permit options for tattoo/ body art establishments.
Ayes: Akinjo, Diallo, Lazard, Torres- O' Callaghan and Dhaliwal Noes: None
Absent: None
Abstain: None
6. COUNCIL COMMUNICATIONS
6. 1 MAYOR DHALIWAL REFERRAL - Appointment of Four ( 4) Members to the Youth Advisory Commission, with Term Ending, May 31, 2022 Four ( 4) Applications Received / Thirteen ( 13) Commission Member Vacancies
September 12, 2022 Lathrop City Council Regular Meeting Minutes Page 11 23 Mayor Dhaliwal made the following appointment:
Youth Advisory Commission Term Exuires
Daniel Manzanares Jr. May 31, 2023
Pranav Vemparala May 31, 2023
Angelina Michelucci May 31, 2023
Amani Watson May 31, 2023
On a motion by Vice Mayor Lazard, seconded by Councilmember Akinjo, the City Council approved the appointment made by Mayor Dhaliwal as noted above.
Ayes: Akinjo, Diallo, Lazard, Torres- O' Callaghan, and Dhaliwal Noes: None
Absent: None
Abstain: None
6. 2 MAYOR & COUNCILMEMBER COMMITTEE REPORT( S)
Councilmember Akinjo reported his attendance to the Annual League of California Cites Conference, and his appointment to President of the Central Valley Division of the League of California Cities.
6. 3 MAYOR & COUNCILMEMBER COMMENT( S)
Councilmembers thanked those in attendance; expressed appreciation to staff; and requested additional trafFic enforcement on Lathrop Road.
7. ADJOURNMENT — There being no further business, Mayor Dhaliwal adjourned the meeting at 10: 25 p. m.
w._. _ f. ;,,, ,. ._.---
T resa Vargas, , MC
4 overnment Ser v_ic Director
City Clerk
September 12, 2022 Lathrop City Council Regular Meeting Minutes Page 12 24 a
osj: g.
City of i'- ```
a- ITEM 4. 3t-h ro;p
Quarterly Treasurer Report
June 2022
This report presents a detailed discussion of the City' s fund balances and investment portfolio as oflune 30, 2022.
It includes all investments managed by the City on its own behalf as well as the City' s Trustees. The report provides information on cash flows, broken down by both investment manager ( City or Trustee) and by percentage allocation within the portfolio.
As of June 30, 2022, the investment portfolio was in compliance with all state laws and the City' s Investment Policy.
Current Portfolio Summary
As directed by the Investment Policy adopted by City Council, City staff strives to attain three primary goals with the City' s investments as follows ( in order of priority):
1. Safety— Preservation of the principal of invested funds
2. Liquidity— Ability to liquidate one or more of the City' s investments if unexpected expenditures arise
3. Return— Attainment of a market rate of return
The majority of the portfolio is invested in the Local Agency Investment Fund ( LAIF), which is administered by the California State Treasurer' s office. LAIF provides the City with an investment vehicle with yields that are slightly greater than U. S. Treasuries ( T- bills) with a 2- year maturity or less. LAIF is a high quality investment in terms of safety, liquidity, and yield. Additionally, LAIF is an " On Demand" account; meaning funds may be withdrawn upon with 1 day notice, representing maximum liquidity.
In addition to LAIF, the City holds investments in Money Market Mutual Funds, Nonnegotiable Certificates of Deposit, and State and Local Government Securities ( SLGS). These investments are prudent investment choices and are included in the City' s Investment Policy as allowable investments.
Each investment mentioned above has a specific maturity date. However, much of the portfolio is On Demand.
The short weighted average maturity provides the City with a great deal of liquidity during this period of heightened economic uncertainty and period of low investment yields. This liquidity places the City in a position to invest in longer term maturity investments once interest rates begin to move up toward their historical norms; overall macroeconomic indicators signal solid and consistent growth in future years.
The following table (Table: 1) provides a summary of the City' s cash and investments, by holding party, based on recorded value as of June 30, 2022 compared with the prior quarter:
25 Table: l
March 31, 2022 June 30, 2022
o o
Holding Party Fund Amounts i)
of
Fund Amounts( i)
f
Portfolio Portfolio
Investments/ Cash held by the City I $ ll9 446, 487 i 70% 196, 532, 203 72% Investments held byTrustees 77, 637, 682 30% 77, 431, 294 ; 28% i TOTAL 257, 084, 169 __ 100% $ 273, 963, 498 100% _
1) Small variances are due to the summation and rounding of multiple figures to the nearest whole dollar Please see the following pages ( Tables: 2 through S) for a more detailed analysis of transactional additions and reductions due to cash flow needs, debt service payments, and maturities/ rollovers of certain investments.
Revenues arrived during the quarter, per City staff expectations, are as follows: utility payments, property tax, franchise fees, sales tax( including Measure C), developer billing fees, grant reimbursements, building permit fees, plan check fees, and Transient Occupancy Tax ( TOT).
Significant payables paid out during the quarter include:
I. Nonrecurring Expenditure Capital Improvement Projects - General Government, Parks, Streets, Water, and Wastewater
II. Recurring Expenditures
a. Contractual- Park& Street Landscaping, and Water Treatment Services b. Intergovernmental payments - San Joaquin County ( Police Services), Lathrop Manteca Fire District, City of Manteca ( Wastewater Contract)
Quarterlv Economic Update
According to the latest projections from PFM Asset Management; In Q2, U. S. economic conditions were characterized by: ( 1) persistently high inflation; ( 2) declining consumer sentiment; ( 3) slowing economic growth and increasing recession probabilities; ( 4) more aggressive Federal Reserve ( Fed) monetary policy tightening; ( 5) rising yields and decade- high mortgage rates; and ( 6) elevated volatility and risk- off sentiment in credit and equity markets. The focus of headlines on inflation remains very high, with the Consumer Price Index increasing 9. 1% year- over- year ( YoY) through June, the largest 12- month increase since December 1981. As a result of surging inflation, the Fed lifted the overnight federal funds target rate three times in the first half of 2022, in March, May and June. The last hike was by three quarters of a percentage point ( 0. 75%) to a new range of 1. 5% to 1. 75%, the largest hike since 1994. The market now expects short-term rates to reach 3. 25% to 3. 75% by year- end, that path will depend, in part, on how well the economy can handle an aggressive series of rate hikes. Locally, the San Joaquin Valley area experienced a decrease in unemployment rates ( San Joaquin County: 5. 2%; City of Lathrop:
5. 4%).
I certify that all of the investments reported herein are in accordance with the" City of Lathrop Investment Policy" adopted on October 11, 2021, with the Government Code, and other contractual agreements. I further certify the investments reported herein provide for the ability of the City to meet cash flow needs for the next six months.
n
W "
Stephen J. Salvatore Cari Jam
City Manager Director o in nce
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CITY MANAGER' S REPORT
OCTOBER 10, 2022 CITY COUNCIL REGULAR MEETING
ITEM: JANITORIAL SERVICES CONTRACT
RECOMMENDATION: Adopt a Resolution awarding contract with Karla' s Janitorial Services and Suppliers for
7anitorial Services and related budget
amendment
SUMMARY:
The current contract for Janitorial Services contract expires October 31, 2022.
Contract specifications were completed by staff in September 2022 and the contract was bid according to Public Contract Code ( P. C. C) and LMC 2. 36. 060. Three ( 3) bids for Janitorial Services were received and opened by the City Clerk on October 4, 2022.
JLK Enterprises submitted the lowest total bid in the amount of $ 97, 344. However, JLK Enterprises did not provide a valid bidder' s bond or alternate security. As a result, JLK Enterprises failed to meet the requirements of P. C. C. 20170 and 20171.
Pursuant to P. C. C. 20171, their bid is deemed non- responsive and the City is unable to consider their bid. Karla' s Janitorial Services and Suppliers submitted the second lowest total bid in the amount of $ 106, 563 and was determined to be fully responsive and responsible based upon previous service history, qualifications, reference checks, and overall understanding of the contract requirements. Staff requests that City Council adopt a resolution to award a service contract to Karla' s Janitorial Services and Suppliers for Janitorial Services.
BACKGROUND:
The current contract for Janitorial Services expires on October 31, 2022. Janitorial Services are needed for City Buildings and Facilities such as City Hall, Police Department, Generations Center, Community Center, Senior Center and Corporation Ya rd.
Contract Specifications were completed by Staff in September 2022 and the contract was bid according to Public Contract Code and LMC 2. 36. 060. A total of three ( 3) bids were received and opened by the City Clerk in October 4, 2022 and JLK Enterprises submitted the lowest total bid in the amount of $ 97, 344. However, JLK Enterprises did not provide a valid 10% bidder' s bond or alternate security. As a result, JLK Enterprises failed to meet the requirements of P. C. C. 20170 and 20171. Pursuant to P. C. C. 20171, their bid is non- responsive and the City is unable to consider their bid.
Karla' s Janitorial Services and Suppliers submitted the second lowest total bid in the amount of $ 106, 563, and was determined to be fully responsive and responsible based upon previous service history, qualifications, reference checks, and overall understanding of the contract requirements. Staff requests that City Council adopt a resolution to award a service contract to Karla' s Janitorial Services and Suppliers for Janitorial Services.
35 CITY MANAGER REPORT PAGE 2
OCTOBER 10, 2022 CITY COUNCIL REGULAR MEETING
JANITORIAL SERVICES CONTRACT
RECOMMENDATION:
The lowest responsive and responsible bidder for the Janitorial Services Contract Specifications was Karla' s Janitorial Services and Suppliers. The bid results are presented in the following table:
Company Total Bid
JLK Enterprises Non- responsive due to lack of bid bond or alternate security) Karla' s Janitorial Service and Suppliers 106. 563. 00
Imperial Maintenance Services, Inc. 144, 000. 00
In addition to being the lowest responsive bidder, Karla' s Janitorial Services and Suppliers was given positive recommendations by their professional references and determined to be responsible by City staff. Staff recommends Council awards the proposed contract for Janitorial Services to Karla' s Janitorial Services and Suppliers for an annual cost of $ 106, 563. 00 ( Attachment B).
FISCAL IMPACT:
The new Janitorial Services Contract will require a budget amendment in the following amounts.
Increase - General Fund - City Hall
1010- 30- 05- 420- 25- 00 2, 138
Building and Ground Maintenance
Increase - General Fund - Building Maintenance
1010- 30- 20- 420- 25- 00 18, 848
Building and Ground Maintenance
Increase - Measure C - Essential City Services
1060- 19- 10- 420- 25- 00 4, 491
Building and Ground Maintenance
Increase - General Fund - Lathrop Police Department
1010- 40- 30- 420- 25- 00 10, 953
Building and Ground Maintenance
36 CITY MANAGER REPORT PAGE 3
OCTOBER 10, 2022 CITY COUNCIL REGULAR MEETING
7ANITORIAL SERVICES CONTRACT
ATTACHMENTS:
A. A Resolution Awarding Contract with Karla' s ] anitorial Services and Suppliers for Janitorial Services.
B. Contract with Karla' s Janitorial Services and Suppliers for Janitorial Services for City Facilities.
37 CITY MANAGER REPORT PAGE 4
OCTOBER 10, 2022 CITY COUNCIL REGULAR MEETING
7ANITORIAL SERVICES CONTRACT
APPROVALS:
o• s - 2.zTo Seb tian Date
Director - Parks, Recreation, and Maintenance Services
S/aoCari Ja s Date
Directo - Finance
l a I s/ 2oz.z
Michael King Date
Assistant City Manager
1 • s_ zZ
Salvador Navarrete Date
City Attorney
ta•S• ZZ
Ste n J. Salvatore Date
City Manager
38 RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP AWARDING
CONTRACT WITH KARLA' S JANITORIAL SERVICES AND SUPPLIERS FOR 7ANITORIAL SERVICES
WHEREAS, the current contract for Janitorial Services contract expires October 31, 2022. Contract specifications were completed by staff in September 2022 and the contract was bid according to Public Contract Code and LMC 2. 36. 060; and WHEREAS, three ( 3) bids for Janitorial Services were received and opened by the City Clerk on October 4, 2022; and
WHEREAS, JLK Enterprises submitted the lowest total bid in the amount of 97, 344, however, JLK Enterprises did not provide a valid bidder' s bond or alternate security. As a result, JLK Enterprises failed to meet the requirements of P. C. C. 20170 and 20171. Pursuant to P. C. C. 20171, their bid is deemed non- responsive and the City is unable to consider their bid; and
WHEREAS, Karla' s Janitorial Services and Suppliers submitted the second lowest total bid in the amount of $ 106, 563, and was determined to be responsive and responsible based upon previous service history, qualifications, reference checks, and overall understanding if the contract requirements; and WHEREAS, staff requests that City Council award the proposed service contract to Karla' s Janitorial Services and Suppliers for ) anitorial Services for City Buildings and Facilities such as City Hall, Police Department, Generations Center, Community Center, Senior Center and Corporation Yard.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve the proposed contract for Janitorial Services with Karla' s Janitorial Services and Suppliers to provide Janitorial Services in City buildings.
39 BE IT FURTHER RESOLVED, the following budget amendments are approved for FY 22/ 23:
Building and Ground Maintenance
Increase - General Fund - City Hall
1010- 30- 05- 420- 25- 00 2, 138
Building and Ground Maintenance
Increase - General Fund - Building Maintenance
1010- 30- 20- 420- 25- 00 18, 848
Building and Ground Maintenance
Increase - Measure C - Essential City Services
1060- 19- 10- 420- 25- 00 4, 491
Building and Ground Maintenance
Increase - General Fund - Lathrop Police Department
1010- 40- 30- 420- 25- 00 10, 953
Building and Ground Maintenance
40 The foregoing resolution was passed and adopted this 10th day of October, 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 41 ATTACHMENT B
SERVICE CONTRACT BETWEEN THE CITY OF LATHROP AND
KARLA' S JANITORIAL SERVICES AND SUPPLIERS
JANITORIAL SERVICES FOR ALL CITY OF LATHROP FACILITIES
INCLUDING CITY HALL, POLICE DEPARTMENT, GENERATIONS
CENTER, COMMUNITY CENTER, SENIOR CENTER, AND
CORPORATION YARD
THIS SERVICE CONTRACT ( hereinafter " Contract") is made on November 2022, by and between the City of Lathrop, a municipal corporation of the State of California ( hereinafter " City") and Karla' s Janitorial Services and Suppliers hereinafter " Contractor"), whose Taxpayer ldentification Number is 83-0764483.
For and in consideration of the following covenants, terms and conditions, City and Contractor ( the parties) agree:
SCOPE OF WORK
Contractor agrees to perform Janitorial Services in accordance with the scope of work and fee proposal provided by the Contractor, attached hereto as Exhibit " A" and incorporated herein by reference. Contractor agrees to diligently perform these services in accordance with the upmost standards of its profession and to City' s satisfaction.
CONTRACT PRICE
The City agrees to pay and the Contractor agrees to accept, in full payment for the work above agreed to be done based on time and materials basis not to exceed 8880. 25 per month set forth in Exhibit " A", for Janitorial Services for all City of Lathrop facilities including City Hall, Police Department, Generations Center, Community Center Senior Center, and Corporation Yard.
TIME FOR PERFORMANCE
The Contract shall commence on, and be binding on the parties on, the date of execution of this Contract, and shall expire on June 30, 2024. This contract may be extended by the City for up to two ( 2) one additional consecutive terms after the initial contract in one ( 1) year increments. The City shall notify the Contractor in writing of the intent to extend the contract by June 1 St of the current contract year.
PERMITS; COMPLIANCE WITH LAW
The Contractor shall, at its expense, obtain all necessary permits, licenses, easements, etc., for the construction of the project, give necessary notices, pay all fees required by law, and comply with all laws, ordinances, rules and regulations relating to the work and to the preservation of the public health and safety. 42 SERVICE CONTRACT
JANITORIAL SERVICES
preparation. Where the Specifications require work to be specially tested or approved, it shall not be tested or covered up without timely, written approval by the City.
Should any such work be covered up without such notice, approval, or consent, it must, if required by City, be uncovered for examination at the Contractor' s expense.
NOTICE
Any notice from one party to the other under the Contract shall be in writing and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in the following manner.
a) If the notice is given to the City, by personal delivery thereof to the City's Director of Parks, Recreation, and Maintenance Services, or by depositing the same in the United States mail, enclosed in a sealed envelope, addressed to the City' s Director of Parks, Recreation, and Maintenance Services, postage prepaid and certified;
b) If the notice is given to the Contractor, by personal delivery thereof to said Contractor or to its duly authorized representative at the site of the project, or by depositing the same in the United States mail, enclosed in a sealed envelope, addressed to the Contractor at the address set forth in the Contractor' s Bid postage prepaid and certified; or
c) If the notice is given to the surety or any other person, by personal delivery to such surety or other person, or by depositing the same in the United States mail, enclosed in a sealed envelope, addressed to such surety or other person, as the case may be, at the address of such surety or person last communicated by it to the party giving the notice, postage prepaid and certified.
ACCIDENT PREVENTION
Precaution shall be exercised at all times for the protection of persons ( including employees) and property. The safety provisions of applicable laws, building and construction codes shall be observed. Machinery, equipment, and other hazards shall be guarded or eliminated in accordance with the safety provisions of the Construction Safety Orders issued by the Occupational Safety and Health Standards Board of the State of California.
CONTRACTOR' S WARRANTY
The City shall not, in any way or manner, be answerable or suffer loss, damage, expense or liability for any loss or damage that may happen to said building, work, or equipment or any part thereof, or in, on, or about the same during its construction and before acceptance. Contractor unqualifiedly warrants all work and materials to be free of
43 SERVICE CONTRACT
JANITORIAL SERVICES
defects whether performed or installed by it or by any subcontractor or supplier in the project which is the subject of this Contract.
APPRENTICES
a) The Contractor' s attention is directed to the provisions of Sections 1777. 5, 1777. 6, and 1777. 7 of the California Labor Code concerning employment of apprentices by the Contractor or any subcontractor under him. In addition, Contractor shall obtain a certificate of apprenticeship before employing any apprentice pursuant to Sections 1777. 5, 1777. 6 and 1777. 7 of the California Labor Code.
b) Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
c) Knowing violations of Section 1777. 5 will result in forfeiture not to exceed one hundred dollars ($ 100) for each calendar day of non- compliance pursuant to Section 1777. 7.
HOURS OF WORK
Eight ( 8) hours of work in any calendar day shall constitute a legal day' s work. The Contractor and each subcontractor shall forfeit, as penalty to the City, twenty-five dollars 25) for each worker employed in the execution of work on the Project by the Contractor or any subcontractor under him for each calendar day during which such worker is required or permitted to work more than eight ( 8) hours in any one calendar day and forty 40) hours in any calendar week in violation of the provisions of the Labor Code, and in particular, Section 1810 to Section 1815, thereof, inclusive, except that work performed by employees of the Contractor and his subcontractors in excess of eight hours per day at not less than one and one half times the basic rate of pay, as provided in Labor Code section 1815.
PAYROLL RECORDS
Pursuant to Labor Code section 1776, as amended from time to time, the Contractor and each subcontractor shall keep records showing the name, address, social security number, work classification, straight time and overtime hours paid each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by him or her in connection with the work.
The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the Division. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis:
44 SERVICE CONTRACT
JANITORIAL SERVICES
a) A certified copy of the employee' s payroll records shall be made available for inspection or furnished to such employee or his or her authorized representative on request.
b) A certified copy of all payroll records shall be made available for inspection or furnished upon request, or as required by Labor Code section 1771 . 7 to the City, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. c) A certified copy of all payroll records shall be made available upon request to the public for inspection or copies thereof made; provided, however, that if request by the public shall be made through either the City, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, if as requested, payroll records have been provided pursuant to paragraph ( b), the requesting party shall, prior to being provided the records, reimburse the cost of preparation by the Contractor, subcontractors and the entity through which the request was made. The public shall not be given access to such records at the principal office of the Contractor.
The Contractor shall file a certified copy of the payroll records with the entity that requested such records within ten ( 10) calendar days after receipt of a written request.
Any copy of records made available for inspection as copies and furnished upon request to the public or 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 the Contractor or any subcontractor performing work on the Project shall not be marked or obliterated.
The Contractor shall inform the City of the location of the payroll records, including the street address, city and county, and shall, within five ( 5) calendar days, provide a notice of a change of location and address.
In the event of noncompliance with the requirements of this section, the Contractor shall have ten ( 10) calendar days in which to comply subsequent to receipt of written notice specifying in what respects the Contractor must comply with this section. Should noncompliance still be evident after such ten ( 10) calendar day period, the Contractor shall, as a penalty to the City, forfeit twenty- five dollars ($ 25) for each calendar day, or portion thereof, for each worker until strict compliance is effectuated.
Upon the request of the Division of Labor Standards Enforcement, such penalties shall be withheld from payments due Contractor.
45 SERVICE CONTRACT
JANITORIAL SERVICES
PREVAILING WAGES
a) The Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, section 16000 et seq. (" Prevailing Wage Laws") which require the payment of prevailing wage rates and the performance of other requirements on certain " public works" and " maintenance" projects. Since this Contract involves an applicable " public works" or" maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $ 1, 000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. The Contractor shall obtain a copy of the prevailing rates of per diem wages applicable to the work to be performed by subcontractors from the website of the Division of Labor Statistics and Research of the Department of Industrial Relations located at
http://www. dir. ca. qov/ dlsr/ PWD/ index. htm. In the alternative, the City shall provide Contractor with a copy of the prevailing rates of per diem wages applicable to the work to be performed by subcontractors. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to perform work on the Project available to interested parties upon request, and shall post copies at the Contractor' s principal place of business and at the Project site.
Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or allege failure to comply with the Prevailing Wage Laws.
b) The Contractor and each subcontractor shall forfeit as a penalty to the City not more than fifty dollars ($ 50) for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing rate for any work done by him, or by any subcontract under him, in violation of the provisions of the California Labor Code. The difference between such stipulated prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by the Contractor.
INSURANCE
On or before beginning any of the services or work called for by any term of this Agreement, CONTRACTOR, at its own cost and expense, shall carry, maintain for the duration of the Agreement, and provide proof thereof that is acceptable to the CITY the insurance specified in subsections ( a) through ( c) below with insurers and under forms of insurance satisfactory in all respects to the CITY.
CONTRACTOR shall not allow any subcontractor to commence work on any subcontract until all insurance required of the CONTRACTOR has also been obtained for
46 SERVICE CONTRACT
JANITORIAL SERVICES
the subcontractor. Verification of this insurance shall be submitted and made part of this Agreement prior to execution.
a) Workers' Compensation. CONTRACTOR shall, at
CONTRACTOR' S sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer' s Liability Insurance for any and all persons employed directly or indirectly by CONTRACTOR. Said Statutory Workers' Compensation Insurance and Employer' s Liability Insurance shall be provided with limits of not less than one million dollars ($ 1, 000, 000). In the alternative, CONTRACTOR may rely on a self- insurance program to meet these requirements provided that the program of self- insurance complies fully with the provisions of the California Labor Code. The insurer, if insurance is provided, or the CONTRACTOR, if a program of selfinsurance is provided, shall waive all rights of subrogation against the CITY for loss arising from work performed under this Agreement. b) Commercial General and Automobile Liability Insurance.
CONTRACTOR, at CONTRACTOR' S own cost and expense, shall maintain commercial general and automobile liability insurance for the period covered by this Agreement in an amount not less than two million dollars per occurrence ($ 2, 000, 000), combined single limit coverage for risks associated with the work contemplated by this Agreement. If Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit.
Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non- owned automobiles.
Coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 ( ed. 11/ 88) and Insurance Services Office Automobile Liability form CA 0001 ed. 12/ 90) Code 1 ( any auto).
Each of the following shall be included in the insurance coverage or added as an endorsement to the policy:
i) CITY, its officers, employees, and volunteers are to be covered as insured with coverage at least as broad as ISO form CG 20 10 for ongoing operations and ISO form CG 20 37 for completed operations with respect to each of the following: liability arising out of ongoing activities performed
47 SERVICE CONTRACT
JANITORIAL SERVICES
by or on behalf of CONTRACTOR, products and completed
operations of CONTRACTOR; premises owned, occupied or
used by CONTRACTOR. The coverage shall contain no
special limitations on the scope of protection afforded to CITY, its officers, employees, agents, or volunteers.
ii) The insurance shall cover on an occurrence or an accident basis, and not on a claim made basis.
iii) An endorsement must state that coverage is primary insurance and that no other insurance affected by the CITY will be called upon to contribute to a loss under the coverage. iv) Any failure of CONTRACTOR to comply with reporting
provisions of the policy shall not affect coverage provided to CITY and its officers, employees, agents, and volunteers. v) Insurance is to be placed with California- admitted insurers with a Best' s rating of no less than A: VII.
vi) Notice of cancellation or non- renewal must be received by CITY at least thirty days prior to such change.
c) Deductibles and Self-Insured Retentions. CONTRACTOR shall disclose the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement.
During the period covered by this Agreement, upon express written authorization of CITY Manager, CONTRACTOR may increase such deductibles or self- insured retentions with respect to CITY, its officers, employees, agents, and volunteers. The CITY Manager may condition approval of an increase in deductible or self- insured retention levels upon a requirement that CONTRACTOR procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
d) Notice of Reduction in Coveraqe. In the event that any coverage required under subsections ( a), ( b), or ( c) of this section of the Agreement is reduced, limited, or materially affected in any other manner, CONTRACTOR shall provide written notice to CITY at CONTRACTOR' S earliest possible opportunity and in no case later than five days after CONTRACTOR is notified of the change in coverage.
e) In addition to any other remedies CITY may have if CONTRACTOR fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, CITY may, at its sole option:
48 SERVICE CONTRACT
JANITORIAL SERVICES
i) Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
ii) Order CONTRACTOR to stop work under this Agreement or withhold any payment which becomes due to CONTRACTOR
hereunder, or both stop work and withhold any payment, until CONTRACTOR demonstrates compliance with the
requirements hereof;
iii) Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to other remedies CITY may have and is not the exclusive remedy for CONTRACTOR' S breach.
BACKGROUND CHECK & EMPLOYEE BONDING
Pursuant to California Code of Regulations, Title 11, Division 1, Chapter 7, Article 1, § 703( d) and § 707( b), Contractor must have all employees assigned to provide services and/ or perform work under this contract pass a required background security clearance to possess unescorted access to the Police Station. This includes, at a minimum, a state and federal fingerprint- based criminal offender record information search be conducted before Contractor be permitted unescorted access to the Police Station.
The Contractor will be required to furnish proof of bonding for employees in the amount of $ 10, 000 for each employee performing services at Municipal Facilities.
INDEMNIFICATION
Contractor agrees to protect, defend, indemnify and hold City, its City Council members, officers, employees, engineer, and consultants harmless from and against any and all claims, demands, liabilities, losses, damages, costs, expenses, liens, penalties, suits, or judgments, arising in whole or in part, directly or indirectly, at any time from any injury to or death of persons or damage to property as a result of the willful or negligent act or omission of Contractor, or which results from Contractor's noncompliance with any Law respecting the condition, use, occupation or safety of the Project site, or any part thereof, or which arises from Contractor's failure to do anything required under this Contract or for doing anything which Contractor is required not to do under this Contract, or which arises from conduct for which any Law imposes strict liability on Contractor in the performance of or failure to perform the terms and conditions of this Contract, except as may arise from the sole willful or negligent act or omission of City or any of its City Council members, officers, employees.
This indemnification shall extend to any and all claims, demands, or liens made or filed by reason of any construction, renovation, or remodeling work performed by
49 SERVICE CONTRACT
JANITORIAL SERVICES
Contractor under this Contract at any time during the term of this Contract, or arising thereafter.
SEVERABILITY
Nothing contained in the Contract shall be construed so as to require the commission of any act contrary to law. Should a conflict arise between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no legal right to contract or act, the latter shall prevail and the provision of this Contract which is affected shall be curtailed and limited but only to the extent necessary to bring it within the requirements of the law. If such curtailment or limitation is not possible, the affected provision shall be of no force and effect. Except as aforesaid, such illegality shall not affect the validity of this Contract.
COMPLETE AGREEMENT
This Contract supersedes any and all agreements, either oral or in writing, between the Parties with respect to the subject matter herein. Each party to this Contract acknowledges that no representation by any party which is not embodied herein or any other agreement, statement, or promise not contained in this Contract shall be valid and binding.
INTERPRETATION
a) The parties hereto acknowledge and agree that each has been given the opportunity to independently review this Contract with legal counsel, and/ or has the requisite experience and sophistication to understand, interpret and agree to the particular language of the provisions of the Contract. b) In the event of a controversy or dispute between the parties concerning the provisions herein, this document shall be interpreted according to the provisions herein and no presumption shall arise concerning the draftsmanship of such provision.
APPLICABLE LAW
a) The parties hereto understand and agree that the terms of this Contract, and its Exhibits, have been negotiated and executed within the State of California and shall be governed by and construed under the laws of the State of California.
b) In the event of a dispute concerning the terms of this Contract, the parties hereto expressly agree that the venue for any legal action shall be with the appropriate court in the County of San Joaquin, State of California.
50 SERVICE CONTRACT
JANITORIAL SERVICES
SIGNATURES
The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the CONSULTANT and the CITY. This agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
Approved as to Form: City of Lathrop
City Attorney
Salvador Navarrete Date
Recommended for Approval: City of Lathrop
Parks, Recreation and Maintenance Director
Todd Sebastian Date
Approved by: City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Stephen J. Salvatore Date
City Manager
Contractor: Karla' s Janitorial Services and Suppliers
Karla Mejia
1485 Bayshore Blvd. M. B. 205
San Francisco, CA 94124
415) 494- 5378
Federal ID #: 83- 0764483
Business License #:
Signature Date
Print Name and Title
51 w...
SECTION 00300
1ANtTORiAL SEFtViCGS DID 1' ItOPOSAL fORMS
JANITORIAL SERVICES
BID PROPOSAL
ansE g n rRicEs
B D
DESCRIP' I7QN
MONTtiLY AiVNUAL
TEM PRiCE PRICE
1 Cit lall Buildin 2, 574. 00 34,888A0
2 Cammunit Center 1, 480AQ f 7, 760.00
3 SeniarCenter 1, 287. 00 IS, 444. 00
4 Generations Center t, 394. 25 16, 73t. 00
5 Cot aratian Yard 643. Sfl ry??, pp
6 Police pe partment t, 50I. 50 18, Oi8. Q
ANNUAL TOTAL BASE BID AMOUNT: 106, 563. Ot1
B sis of Award}
ANNUAL TUTAL fiASE BID AMUUNT IN WORDS:
One Nundred Six Thouss nd Five Nu dred Sixty- Three
Basis ofAwurd)
oo3no- s
sa
52 SECTIOAI OQ300
JAiY17" ORIAL SLI2VICES BID PI2UPO5AL. I OTiM1t5
INFORMATION REQUIRED 4F BIDDER
The Bidder{ Contraclor) shall furnisli the following informatior. This information is considered essential in enabling the City ta determine if the Bidder is experienced in similar types of work and if the Bid is based on A careful study of inethods applicable to the work and full realization of the various factors which may affect the progress of the work. Fai( ure to comply with this requirement may render the Bid nan- responsive and may cause its rejection. Additiona! sheets shall be attached as required.
BIDDER' S INFORMATIQN
1) Eiidder' s nAme and address:
Karla' s Janitoria{& Suppliers, LLC.
l4$ S Bayshare Bivd. M. B. 205
San Francisco, CA 94124
2} Eiidder' s tetephane number: ( S} 494- 53 7
3) Bidder' s fax number: ( f 5) 494- 5378
4} Federa! Tax ID Na. 83- 0764483
NOT USED
6) Person who inspecEed site af proposed work f r Contractor' s firm:
Narne: Karla Mejia Date of Inspection: 09119/ 2Cl22
5) Is the business a Corparation, Partnership or is [ ndividua{ ly bwned?_ _,__ 6) lf incorporated, which state? California
s
your firm operating as a franchise? Yes No
8) [ f yes, list the franchiser, and number of years your business has been franchised:
If a partnership, list all partners:
9} I-1ow Inng have you been in business under this name? 0) 1- law many years under Farmer name( s)? t. ist nernt( s) antl years....'. M is.?. Y '
oo oo67
53 SECTION OQ3Q0
JAfVlTORtAi., SERVICES l31D PRO!' OSAL I OR1 1S
MPI. OYEES
1 I) Total number of current employees 6t)
Part- time:____
Fult- time: 50
i2} Please indicate the approximate number oF employees who will be assigned ta this contract an a manthly basis, nd per job title. Si auld the contractor require more space, please attach a separate sheet af paper.
No. o! Em lo ees Job Titic Full- Time Part- Time
2 Account Manager 2
t Supervisor
I 1ar itor Le d
Janitor
EX' ER[ CNCC Of= I' RSONNCt..
Managemeni:
Nacr e: l uis Garcia Title: Ma tagin Member
List experience, including number of years: ales, customer service, estimates, managing over t Ott+ employees, business anafysis,& quality control. Over? Q Project Manager! or this Contract: years af combined experience.
Name: Sheyla Garcia 1' itle: Account Mana er
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78 CITY MANAGER' S REPORT ITEM 4. 5
OCTOBER 10, 2022 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE CREATION OF CIP PK 23- 08 AND THE
PURCHASE OF NEW PARK AMENITIES AND
APPROVE PURCHASE OF BENCHES, TABLES,
AND TRASH RECEPTACLES TO MEET CITY
STANDARDS
RECOMMENDATION: Adopt a Resolution Creating CIP PK 23- 08 for the Purchase of New Park Amenities and
Approve Purchase of Benches, Tables, and
Trash Receptacles from Ross Recreation and
Outdoor Creations to Meet City Standards and
Approving Related Budget Amendments
SUMMARY:
The Parks, Recreation and Maintenance Services Department is recommending City Council approve the creation of Capital Improvement Project ( CIP) PK 23- 08 for the purchase of new park amenities for parks throughout the City of Lathrop that currently do not contain standard City amenities including benches, tables, and trash receptacles from Ross Recreation and Outdoor Creation who are the sole source providers of the only equipment that meets City standards for such amenities. By doing so, Council would allow all parks within the City of Lathrop to have matching amenities which will enhance the aesthetics and uniformity of all parks and will also allow staff to create a standard practice replacement schedule.
BACKGROUND:
The Parks, Recreation and Maintenance Services department completed a Five Year Master Plan for the City of Lathrop in February of 2021. The Master Plan, members of the public and stakeholders who participated in the creation of the Master Plan identified several amenities to improve with similar tables, benches, and trash receptacles to meet new City standards.
Ross Recreation is the sole source provider of all metal park benches, metal picnic tables, and metal trash receptacles. City staff recommends Council approve the purchase from Ross Recreation of eight trash receptacles, four six- foot metal benches, fourteen standard metal picnic tables, and three ADA metal picnic tables in the amount of $ 92, 550. 00 detailed in Attachment B.
Outdoor Creations is the sole source provider of all City Standard concrete picnic tables, concrete BBQ' s and concrete park signs. City staff recommends Council approve the purchase from Outdoor Creations of five concrete park name signs and plaque holders, four concrete ADA picnic tables, nineteen concrete standard picnic tables, and one concrete group BBQ for the amount of $65, 300. 00 detailed in Attachment C.
Attached as Attachment B quotes have been provided by Ross Recreation. Attached as Attachment C quotes have been provided by Outdoor Creations. Ross Recreation and Outdoor Creations have agreed to sign the City' s standard Purchase Orders and terms of purchase.
79 CITY MANAGER REPORT PAGE 2
OCTOBER 10, 2022 CITY COUNCIL REGULAR MEETING
APPROVE CREATION OF CIP PK 23- 08 AND THE PURCHASE OF NEW PARK
AMENITIES AND APPROVE PURCHASE OF BENCHES, TABLES, AND TRASH
RECEPTACLES TO MEET CITY STANDARDS
RECOMMENDATION:
Adopt a Resolution Approving CIP PK 23- 08 for the purchase of new park amenities including benches, tables, and trash receptacles from Ross Recreation and Outdoor Creations to meet City standards and approve related budget amendments.
FISCAL IMPACT:
Staff is requesting City Council consider a budget amendment of $ 160, 000 from the the Measure C fund ( 1060- 99- 00- 990- 90- 00) subject to approval by by the Measure C Oversight Committee.
Increase - Transfer Out
1060- 99- 00- 990- 90- 00 160, 000
General Fund
Increase - Transfer In
3010- 99- 00- 393- 00- 00 160, 000
Increase - Transfer In - CIP PK 23- 08
3010- 80- 00- 420- 12- 00 160, 000
Construction Contracts
ATTACH M E NTS:
A. A Resolution approving CIP PK 23- 08 and the purchase of new park amenities including benches, tables, and trash receptacles from Ross Recreation and Outdoor Creations to meet City standards.
B. Quotes from Ross Recreation.
C. Quotes from Outdoor Creations.
80 CITY MANAGER REPORT PAGE 3
OCTOBER 10, 2022 CITY COUNCIL REGULAR MEETING
APPROVE CREATION OF CIP PK 23- 08 AND THE PURCHASE OF NEW PARK
AMENITIES AND APPROVE PURCHASE OF BENCHES, TABLES, AND TRASH
RECEPTACLES TO MEET CITY STANDARDS
APPROVALS:
1 • . ? 2,
Tod ebas ' n Date
Dire r - P ks ecreation, and Maintenance Services
Cari Jam E Date
Director - Fi nce
l j <3aSalvador Navarrete Date
City Attorney
l9• ZZ
Ste Salvatore Date
City Manager
81 ATTACHMENT A
RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING THE CREATION OF CIP PK 23- OS AND THE PURCHASE OF NEW
PARK AMENITIES AND APPROVE PURCHASE OF BENCHES, TABLES, AND
TRASH RECEPTACLES TO MEET CITY STANDARDS
WHEREAS, the Parks, Recreation and Maintenance Services Department recommends City Council approve the creation of Capital Improvement Project ( CIP) PK 23- 08 for the purchase of new park amenities for parks throughout the City of Lathrop that currently do not contain standard City amenities including benches, tables, and trash receptacles from Ross Recreation and Outdoor Creation who are the sole source providers of the only equipment that meets City standards for such amenities; and
WHEREAS, by doing so, Council would allow all parks within the City of Lathrop to have matching amenities which will enhance the aesthetics and uniformity of all parks and will also allow staff to create a standard practice replacement schedule; and
WHEREAS, the Parks, Recreation and Maintenance Services department completed a Five Year Master Plan for the City of Lathrop in February of 2021; and WHEREAS, the Master Plan, members of the public and stakeholders who participated in the creation of the Master Plan identified several amenities to improve with similar tables, benches, and trash receptacles to meet new City standards; and WHEREAS, Outdoor Creations is the sole source provider of all City Standard concrete picnic tables, concrete BBQ' s and concrete park signs; and WHEREAS, city staff recommends Council approve the purchase from Outdoor Creations of five concrete park name signs and plaque holders, four concrete ADA picnic tables, nineteen concrete standard picnic tables, and one concrete group BBQ for the amount of $ 65, 300; and
WHEREAS, Ross Recreation is the sole source provider of all metal park benches, metal picnic tables, and metal trash receptacles; and WHEREAS, city staff recommends Council approve the purchase from Ross Recreation of eight trash receptacles, four six- foot metal benches, fourteen standard metal picnic tables, and three ADA metal picnic tables for the amount of $ 92, 550; and
WHEREAS, Ross Recreation and Outdoor Creations have agreed to sign the City' s standard Purchase Orders and terms of purchase. 82 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve CIP PK 23- 08, and;
BE IT FURTHER RESOLVED, the purchase of new park amenities including benches, tables, and trash receptacles from Ross Recreation and Outdoor Creations to meet City standards, and;
BE IT FURTHER RESOLVED, the following budget amendments are approved for FY 22/ 23:
Increase - Transfer Out
1060- 99- 00- 990- 90- 00 160, 000
General Fund
Increase - Transfer In
3010- 99- 00- 393- 00- 00 160, 000
Increase - Transfer In - CIP PK 23- 08
3010- 80- 00- 420- 12- 00 160, 000
Construction Contracts
83 The foregoing resolution was passed and adopted this 10t" day of October, 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 84 ATTAC IMENT
QUOTATION
M-=
AUTHORIZED SALES PERSON SIGNATURE
Chad J. Smith g/ 2g 22
Outdoor Creations Inc.
q
y
Date: 9/ 26/ 22
2270 Barney Road
Quote No.: Q5415 Anderson, CA 96007 r
usA I:I F. TIII\
PH# 530- 365- 6106 FX# 530- 365- 5129
Email chad@outdoorcreations. com
SOLD TO SHIP TO
City of Lathrop City of Lathrop
Attn: Lily Liu Accounts Payable
Re: Commons Park
390 Towne Centre Dr
Lathrop, CA Lathrop, CA 95330
r, :.`''' Y' ' '.'... ` '...`',°".`..
s _'"
1'," y.~"`^ r I L`'t ..,.. s. ``' ... , i
Chad J. Sm th 10/ 26/ 22 Net 30 Days
w ,
1 EA 100SSK 2E 92" Smooth Top Picnic Table Standard Legs with 790. 00 790. 00 skateboard resistant bumps double entry
EA Smooth Finish Smooth Finish
Each> Acrylic Sealer Acrylic Sealer
Color: TBD
1 < Each> Shipping Must Be Taxed, Company Owned Truck 100. 00 100. 00
PLEASE FILL IN THE REQUIRED INFORMATION ON THE ADDITIONAL PAGE WITH THE TERMS AND CONDITIONS. Subtotal 890. 00
Sales Tax 77. 88
Please sign here to confirm your order and acknowledge that you have read and TOTq ss7. ss understand our terms and conditions
Forklift required upon delivery unless other arrangements made prior to order.
STANDARD DELIVERY A. R. O AND APPROVED SUBMITTALS/ ORDER IS 16- W EEKS( Does not apply to custom products). 85 QU OTATION
AUTHORIZED SALES PERSON SIGNATURE
Chad J. Smith g/ 22/ 22
Outdoor Creations Inc.
Date: 8/ 22/ 22 I a
2270 Barney Road
Anderson, CA 96007 Quote No.: Q5416 T 1
usa CI Iu1T111\ S
PH# 530- 365- 6106 FX# 530- 365- 5129
Email chad@outdoorcreations. com
SOLD TO SHIP TO
City of Lathrop City of Lathrop
Accounts Payable Attn: Liy Liu
390 Towne Centre Dr Re: Mossdale Community Park
Lathrop, CA 95330 Lathrop, CA
c
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Chad J. Smith 9/ 21/ 22 Net 30 Days
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4 EA 100SSK 92" Smooth Top Picnic Table Standard Legs with 745. 00 2, 980. 00 skateboard resistant bumps
1 EA 100SSK 2E 92" Smooth Top Picnic Table Standard Legs with 790. 00 790. 00 skateboard resistant bumps double entry
EA Smooth Finish Smooth Finish
Each> Acrylic Sealer Acrylic Sealer
Color: TBD
1 < Each> Shipping Must BeTaxed, Company Owned Truck 500. 00 500. 00 PLEASE FlLL IN THE REQUIRED INFORMATION ON THE ADDITIONAL PAGE WITH THE TERMS AND CONDITIONS. Subtotal 4, 270. 00
Sales Tax 373. 63
Please sign here to confirm your order and acknowledge that you have read and TOT, 4 a, 643. 63 understand our terms and conditions
Forklift required upon delivery unless other arrangements made prior to order.
STANDARD DELIVERY A. R. O AND APPROVED SUBMITTALS/ ORDER IS 16- W EEKS( Does not apply to custom produds). 86 QUOTATION
AUTHORIZED SALES PERSON SIGNATURE
Chad J. Smith g/ 22/ 22
Outdoor Creations Inc. ry
Date: 8/ 22/22 4,
2270 Barney Road
Quote No.: Q5417 Anderson, CA 96007 IIIITIIIIIII
usA 1: 1 1'. TIII\ S
PH# 530- 365- 6106 FX# 530- 365- 5129
Email chad@outdoorcreations. com
SOLD TO SHIP TO
City of Lathrop City of Lathrop
Accounts Payable Attn: Liy Liu
Re: River Park South
390 Towne Centre Dr
Lathrop, CA Lathrop, CA 95330
a a ;
s
Chad J. Smith 9/ 21/ 22 Net 30 Days
xj P;,
7 EA 100SSK 92" Smooth Top PicnicTable Standard Legs with 745. 00 5, 215. 00 skateboard resistant bumps
1 EA 100SSK 2E 92" Smooth Top Picnic Table Standard Legs with 790. 00 790. 00 skateboard resistant bumps double entry
EA Smooth Finish Smooth Finish
Each> Acrylic Sealer Acrylic Sealer
Color: TBD
1 < Each> Shipping Must Be Taxed, Company Owned Truck 800. 00 800. 00
PLEASE FILL IN THE REQUIRED INFORMATION ON THE ADDITIONAL PAGE WITH THE TERMS AND CONDITIONS. Subtotal 6, 805. 00
Sales Tax 595. 44
Please sign here to confirm your order and acknowledge that you have read and TOTq 400. 44 understand our terms and conditions
Forklift required upon delivery unless other arrangements made prior to order, STANDARD DELIVERY A. R. O AND APPROVED SUBMITTALS/ ORDER IS 16- W EEKS( Does not apply to custom produds). 87 QUOTATION
AUTHORIZED SALES PERSON SIGNATURE
Chad J. Smith g/ 7/ 22
Outdoor Creations Inc. q
Date: 9/ 7/ 22
2270 Barney Road
Quote No.: Q5484 Anderson, CA 96007 IIIITIIIIIII
usA 1: 1 1'. rlTlll\ S
PH# 530- 365- 6106 FX# 530- 365- 5129
Email chad@outdoorcreations. com
SOLD TO SHIP TO
City of Lathrop City of Lathrop
Accounts Payable Attn: Lily Liu
390 Towne Centre Dr Re: Rotary Park
Lathrop, CA 95330 Lathrop, CA
rw rr
s_
Chad J. Smith 10/ 7/ 22 Net 30 Days
x.>
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1 EA Custom Custom Precast Monument. 3, 250. 00 3, 250. 00 1 < Each> GRANITE PLQ 20" x 18 20" x 18" Black Granite Plaque For Manuel Valverde 1 < Each> Engraving 18" x 7" Engraved City of Lathrop Logo- Painted 2 EA 705S 4' x 9' x 8" thick sign with bubble top W/ Base 4, 500. 00 9, 000. 00 2 EA 703C 122" 122" Base for 705& 706 model signs
2 < Each> Cast In Logo Cast In Logo'` Rotary Wheel Logo Cast In And 600. 00 1, 200. 00 Painted.
EA Smooth Finish Smooth Finish
Each> Acrylic Sealer Acrylic Sealer
Color: TBD
1 < Each> Shipping Must BeTaxed, Company Owned Truck 750. 00 750. 00
PLEASE FILL IN THE REQUIRED INFORMATION ON THE ADDITIONAL PAGE WITH THE TERMS AND CONDITIONS. Subtotal 14, 200. 00
SalesTax 1, 242. 50
Please sign here to confirm your order and acknowledge that you have read and TOTq 5, 4 2. 50 understand our terms and conditions
Forklift required upon delivery unless other arrangements made prior to order.
STANDARD DELIVERY A. R. O AND APPROVED SUBMITTALS/ ORDER IS 16- W EEKS( Does not apply to custom produds). 88 QUOTATION
AUTHORIZED SALES PERSON SIGNATURE
Chad J. Smith g/ 7/ 22
Outdoor Creations Inc. q,
Date: 9/ 7/ 22
2270 Barney Road
Quote No.: Q5485 Anderson, CA 96007 IIIITIIIIIII
usA I:I F.r Tlll\ S
PH# 530- 365- 6106 FX# 530- 365- 5129
11"
Email chad@outdoorcreations. com
SOLD TO SHIP TO
City of Lathrop City of Lathrop
Attn: Lily Liu Accounts Payable
Re: River Park North
390 Towne Centre Dr
Lathrop, CA Lathrop, CA 95330
Q a . . : _.
r
Chad J. Smith 10/ 7/ 22 Net 30 Days
w
1 EA 705S 4' x 9' x 8" thick sign with bubble top" W/ Base 4, 500. 00 4,500. 00 1 EA 703C 122" 122" Base for 705& 706 model signs
EA Smooth Finish Smooth Finish
Each> Acrylic Sealer Acrylic Sealer
Color: TBD
1 < Each> Shipping Must Be Taxed, Company Owned Truck 360. 00 360. 00
PLEASE FILL IN THE REQUIRED INFORMATION ON THE ADDITIONAL PAGE WITH THE TERMS AND CONDITIONS. Subtotal 4, 860. 00
Sales Tax 425. 25
Please sign here to confirm your order and acknowledge that you have read and TOTq 5, 285. 25 understand our terms and conditions
Forklift required upon delivery unless other arrangements made prior to order.
STANDARD DELIVERY A. R. O AND APPROVED SUBMITTALS/ ORDER IS 16- W EEKS( Does not apply to custom produds). 89 QUOTATION
AUTHORIZED SALES PERSON SIGNATURE
Chad J. Smith g/ 7/ 22
Outdoor Creations Inc. q,
Date: 9/ 7/ 22
2270 Barney Road
Quote No.: Q5486 Anderson, CA 96007 IIIITIIIIIII
usa I:I F.ATIII S
PH# 530- 365- 6106 FX# 530- 365- 5129
Email chad@outdoorcreations. com
SOLD TO SHIP TO
City of Lathrop City of Lathrop
Attn: Liy Liu Accounts Payable
Re: Lions Park
390 Towne Centre Dr
Lathrop, CA Lathrop, CA 95330
W , ,-. _
Chad J. Smith 10/ 7/ 22 Net 30 Days
w ,
i
1 EA Custom Custom Precast Monument. 3, 250. 00' 3, 250. 00 1 < Each> GRANITE PLQ 20" x 18 20" x 18" Black Granite Plaque For Manuel Valverde 1 < Each> Engraving 18" x 7" Engraved Ciiy of Lathrop Logo- Painted 2 ' EA 705S 4' x 9' x 8" thick sign with bubble top" W/ Base 4, 500. 00 9, 000. 00 2 EA 703C 122" 122" Base for 705& 706 model signs
2 < Each> Cast In Logo Cast In Logo" Lions International Logo Cast In And 600. 00 1, 200. 00 Painted.
EA Smooth Finish Smooth Finish
Each> Acrylic Sealer Acrylic Sealer
Color: TBD
1 < Each> Shipping Must Be Taxed, Company Owned Truck 750. 00 750. 00
PLEASE FILL IN THE REQUIRED INFORMATION ON THE ADDITIONAL PAGE WITH THE TERMS AND CONDITIONS. Subtotal 14, 200. 00
SalesTax 1, 242. 50
Please sign here to confirm your order and acknowledge that you have read and TOTA s, a42. 5o understand our terms and conditions
Forklift required upon delivery unless other arrangements made prior to order.
STANDARD DELIVERY A. R. O AND APPROVED SUBMITTALS/ ORDER IS 16- W EEKS( Does not apply to custom products). 90 QUOTATION
AUTHORIZED SALES PERSON SIGNATURE
Chad J. Smith g/ 7/ 22
Outdoor Creations Inc.
Date: 9/ 7/ 22 e
2270 Barney Road
Anderson, CA 96007 Quote No.: Q5487 TIIIIIII
usa I:I F. TIII\ S
PH# 530- 365- 6106 FX# 530- 365- 5129
Email chad@outdoorcreations. com
SOLD TO SHIP TO
City of Lathrop City of Lathrop
Attn: Lily Liu Accounts Payable
Re: Valverde Park
390 Towne Centre Dr
Lathrop, CA Lathrop, CA 95330
k
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r _ _ r h .
Chad J. Smith 10/ 7/ 22 Net 30 Days
t
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1 EA Custom Custom Precast Monument. 3, 250. 00 3, 250. 00 1 < Each> GRANITE PLQ 20" x 18 20" x 18" Black Granite Plaque For Manuel Valverde 1 < Each> Engraving 18" x 7" Engraved Ciiy of Lathrop Logo- Painted 2 EA 100SSK 92" Smooth Top Picnic Table Standard Legs with 745. 00 1, 490. 00 skateboard resistant bumps
1 EA 100SSK 2E 92" Smooth Top Picnic Table Standard Legs with 790. 00 790. 00 skateboard resistant bumps double enVy
EA Smooth Finish Smooth Finish
Each> Acrylic Sealer Acrylic Sealer
Color: TBD
1 < Each> Shipping Must Be Taxed, Company Owned Truck 450. 00 450. 00
PLEASE FILL IN THE REQUIRED INFORMATION ON THE ADDITIONAL PAGE WITH THE TERMS AND CONDITIONS. Subtotal 5, 980. 00
Sales Tax 52325
Please sign here to confirm your order and acknowledge that you have read and TOTq s, 503. 25 understand ourterms and conditions
Forklift required upon delivery unless other arrangements made prior to order.
STANDARD DELIVERY A. R. O AND APPROVED SUBMITTALS/ ORDER IS 16- W EEKS( Does not apply to custom produds). 91 QU OTATION
AUTHORIZED SALES PERSON SIGNATURE
Chad J. Smith 9/ 14/ 22
Outdoor Creations Inc.
Date: 9/ 14/ 22 y II
2270 Barney Road
Quote No.: Q5504 Anderson, CA 96007 r l t
usa, I:I I ITiII\ S
PH# 530- 365- 6106 FX# 530- 365- 5129
Email chad@outdoorcreations. com
SOLD TO SHIP TO
City of Lathrop City of Lathrop
Accounts Payable Attn: Lily Liu
390 Towne Centre Dr
Re: Back Stock
Lathrop, CA 95330 Lathrop, CA
t w Y
Chad J. Smith 10/ 14/ 22 Net 0 Days
s `
r
1 EA 100SSK 92" Smooth Top Picnic Table Standard Legs with 745. 00 745. 00 skateboard resistant bumps
EA Smooth Finish Smooth Finish
Each> Acrylic Sealer Acrylic Sealer
Color: TBD
1 < Each> Shipping Must Be Taxed, Company Owned Truck 100. 00 100. 00
PLEASE FILL IN THE REQUIRED INFORMATION ON THE ADDITIONAL PAGE WITH THE TERMS AND CONDITIONS. Subtotal 845. 00
Sales Tax 73. 94
Please si9 n here to confirm your order and acknowled 9 e that Y ou have read and TOTAL 918. 94 understand ourterms and conditions
Forklift required upon delivery unless other arrangements made prior to order, STANDARD DELIVERY A. R. O AND APPROVED SUBMITTALS/ ORDER IS 16- W EEKS( Does not apply to custom produds). 92 Opportunity Name Crescent Park Du v' or Bench
Quote ivame 5 a= ;, :;, g,
ATTACHMENT
C M
Quote Number 00039083
sy
Quote Date 8/ 30/ 2022
Bc ildir g
Com muni2r since 19 3 QUOte EXp D2t2 9/ 29/ 2022
Est Lead Time 6- 8 weeks
Bill To Name Lathrop, City of Ship To Name athrop, City of Bill To 390 Towne Center Drive Ship To 2112 Louise Ave.
Lathrop, California 95330 Lathrop. California 95330
United States United States
1 1. 00 58- 60 Dumor 6' Cast Bench, Steel Seat Color. Forest Green 1, 506. 00 1, 506. 00 Totai Quote Amounts
County/ City Tax San Joaquin County/ Lathrop Materials Amount 1, 506. 00 Tax Rate 8. 7500% Tax Amount S131. 78
Credit Terms Net 30 On Materials Shipment Labor Amount 0. 00 Freight Amount 605.00
Total 2, 242. 78
Notes to Customer
Thank you for the opportunity to quote your upcoming project. PLEASE tv'OTE: quote does not include installation, offioad, payment and performance bonds, engineering caiculations, security, storage, permits, inspection, or safety surfacing unless otherwise noted. Unless noted. freight costs assume semi- truck access and do not include a lift- gate.
Deposits may be required before order can be placed depending on customer credit terms. Your purchase is subject to the terms and conditions of this quote, approval of this quote agrees to those terms.
If ordering materials after the expiration date please contact your sales representative for current pricing. Due to material cost increases, Ross Recreation may not be able to hold pricing past the stated Expiration Date on this quote. To secure curre t pricing Ross Recreation will require the following PO, signed quote or contract with approval for the order Deposit if required by credit terms
Color selections and/ or approved submittals
Acceptance of delivery when materials or equipment is ready to ship If this is for a bid. it is the responsibility of the General Contractor bidding to adjust their bid to accommodate anticipated pricing.
Please also note that sales tax wiil be based on the current rate at the time of shipping, not the order date. Customer will be expected to cover these taxes.
Ross Recreation will provide labor using a subcontractor for all installation and labor quoted. Neither Ross Recreation nor our subcontractors are signatory to any unions, however compliance with prevaili g wage rate requirements will occur. If union enrollment is requi ed by our subcontractor for completion of this project, Ross Recreation will require a change order to cover the costs of a per project enrollment and additional wage/ benefit requirements.
Signature
Prepared By Nick Philbin
Emaii nickp@rossrec. com
100 Brush Creek Road, Suite 206, Santa Rosa, California 95404 p
855. 892. 3240 • rossrec. com• Contractors icense# 520752• DIR# 1000003500• TaxID# 68- 0103540 93 Opportunity Name Grescent Park uMor Beneh
Quote Name s '-: 3r r =-:.:
Quote Number 00039083
a' x Quote Date 8/ 30/ 2022
Suildint Communiry since t9 3 QUOt2 EXp Dat2 9/ 29/ 2022 Est Lead Time 6- 8 weeks
Bill To Name Lathrop, City of Ship To Name Lathrop, City of Bill To 390 Towne Center Drive Ship To 2112 Louise Ave.
Lathrop, California 95330 Lathrop, California 95330
United States United States
Name
Title
Date
Prepared By Nick Philbin
Emaii nickp@rossrec. com
100 Brush Creek Road, Suite 206, Santa Rosa, California 95404 p
855. 892. 3240 • rossrec. com• Contractors License# 520752• DIR# 1000003500• TaxID# 68- 0103540 94 Opportunity Name Green Park GuN r Tabies
Quote Name C_,: ; e-. , a, ___
Quote Number 00039309
ii' x itt t7 t: 1(£' 1Tt'; Quote Date 8/ 30/ 2022
Building Community since 19' 3 QUOte EXp D8Y2 9/ 29/ 2022 Est Lead Time 6- 8 weeks
Bill To Name Lathrop, City of Ship To Name Lathrop, City of Bill To 390 Towne Center Drive Ship To 2112 Louise Ave.
Lathrop, California 95330 Lathrop, California 95330
United States United States
11 1. 00 448- 43 Dumor 4' Square Steel ADA Table 3 Seats S- 2 Color: Forest Green 3, 190. 00 $ 3, 190. 00
5. 00' 448- 44 Dumor 4' Square Steel Tabie 4 Seats S- 2 Color: Forest Green 3, 651. 00 $ 18, 255. 00 Total Quote Amounts
County/ City Tax San Joaquin County/ Lathrop Materials Amount 21, 445. 00 Tax Rate 8. 7500% Tax Amount 51, 876. 44
Credit Terms Net 30 On Materials Shipment Labor Amount S0. 00 Freight Amount 2, 719. 00
Total 26, 040. 44
Notes to Customer
Thank you for the opportunity to quote your upcoming project. PLEASE NOTE: quote does not include installation, offload. payment and performance bonds, engineering calculations, security, storage, permits, inspection, or safety surfacing unless otherwise noted. Unless noted, freight costs assume semi- truck access and do not include a lift- gate.
Deposits may be required before order can be placed depending on customer credit terms. Your purchase is subject to the terms and conditions of this quote, approval of this quote agrees to those terms.
If ordering materials after the expiration date please contact your sales representative for current pricing. Due to material cost increases, Ross Recreation may not be able to hold pricing past the stated Expiration Date on this quote. To secure current pricing Ross Recreation will require the following PO, signed quote or contract with approval for the order Deposit if required by credii terms
Color selections and/ or approved submittals
Acceptance of delivery when materials or equipment is ready to ship If this is for a bid, it is the responsibility of the General Contractor bidding to adjust their bid to accommodate anticipated pricing.
Please also note that sales tax will be based on the current rate at the time of shipping, not the order date. Customer will be expected to cover these taxes.
Ross Recreation will provide labor using a subcontractor for all instaliation and labor quoted. Neither Ross Recreation nor our subcontractors are signatory to any unions, however compliance with prevailing wage rate requirements will occur. If union enrollment is required by our subcontractor for completion of this project, Ross Recreation will require a change order to cover the costs of a per project enrollment and additional wage/ benefit requirements.
Signature
Prepared By Nick Philbin
Email nickp@rossrec. com
100 Brush Creek Road, Suite 206, Santa Rosa, California 95404 p 855. 892. 3240 • rossrec. com• Contractors icense#
95 520752• DIR# 1000003500• TaxID# 68- 0103540
Opportunity Name G; een Park Duh? or Tabies
Quote Name r ,
Quote Number 00039309
s
i° '' t''" Quote Date 8; 3012022
Buildir. gCor:. nuaitc s3nee 1973 Quote Exp Date 9/ 29/ 2022 Est Lead Time 6- 8 weeks
Bill To Name Lathrop, City of Ship To Name Lathrop. City of Bill To 390 Towne Center Drive Ship To 2112 Louise Ave. athrop, California 95330 Lathrop, California 95330
United States United States
Name
Title
Date
Prepared By Nick Philbin
Email nickp@rossrec. com
100 Brush Creek Road, Suite 206, Santa Rosa, California 95404 p
855. 892. 3240 • rossrec. com• Contractors License# 520752• DIR# 1000003500• TaxID# 6$- 0103540 96 Opportunity Name " Aossdale Site Furnishiz gs
Quote Name r
3 r es r e, 3 ,-.
Quote Number 00039314
d ' `- t° Quote Date 8I30/2022
f3uIldii r Conumin' rry since 19? 3 QuOte Exp DBte 9/ 29/ 2022 Est Lead Time 6- 8 weeks
Bill To Name Lathrop, City of Ship To Name Lathrop, City of Bill To 390 Towne Center Drive Ship To 2112 ouise Ave.
Lathrop, California 95330 Lathrop, California 95330
United States United States
b
1. 00 432- 32
Dumor 32- Gallon Steel Receptacle Color: Forest Green; CVR- 30- FTO- Large Steel Cover, 10" g1, 045. 00 $ 1, 045. 00
Opening Color: Forest Green
2. 00 448- 43 Dumor 4' Square Steel ADA Table 3 Seats S- 2 Color: Forest Green 3, 190. 00' $ 6, 380. 00
5. 00 448- 44 Dumor 4' Square Steel Table 4 Seats S- 2 Color: Forest Green 3, 651. 00 $ 18, 255. 00 Total Quote Amounts
County/ City Tax San Joaquin County/ Lathrop Materials Amount 25, 680. 00 Tax Rate 8, 7500% Tax Amount 2, 247. 00
Credit Terms Net 30 On Materials Shipment Labor Amount 0. 00 Freight Amount 2, 719. 00
Total 30, 646. 00
Notes to Customer
Thank you for the opportunity to quote your upcoming project. PLEASE NOTE quote does not include installation, offload, payment and performance bonds, engineering calculations, security, storage, permits, inspection, or safety surfacing unless otherwise noted. Unless noted, freight costs assume semi- truck access and do not include a lift- gate.
Deposits may be required before order can be placed depending on customer credit terms. Your purchase is subject to the terms and conditions of this quote, approvai of this quote agrees to those terms.
If ordering materials after the expiration date please contact your sales representative for current prici g. Due to material cost increases, Ross Recreation may not be able to hold pricing past the stated Expiration Date on this quote. To secure current pricing Ross Recreation will require the following PO, signed quote or contract with approval for the order Deposit if required by credit terms
Color selections and/ or approved submittals
Acceptance of delivery when materials or equipment is ready to ship If this is for a bid, it is the responsibility of the General Contractor bidding to adjust their bid to accommodate anticipated pricing.
Please also note that sales tax will be based on the current rate at the time of shipping, not the order date. Customer wili be expected to cover these taxes.
Ross Recreation will provide labor using a subcontractor for ail installation and labor quoted. Neither Ross Recreation nor our subcontractors are signatory to any unions, however compliance with prevailing wage rate requirements will occur. If Prepared By Nick Philbin
Email nickp@rossrec. com
100 Brush Creek Road, Suite 206, Santa Rosa, California 95404 p
855. 892. 3240 • rossrec. com• Contractors License# 520752• DIR# 1000003500• TaxID# 68- 0103540 97 Opportunity Name Mossdele Site Fumi hir,gs
Quote Name a^:,, T_,. s, ,_ i
Quote Number 00039314
i'*' QuoteDate 8/ 30/ 2022
3ailcling Coa, m, n, cc si„ e t' Quote Exp Date 9/ 29/ 2022 Est Lead Time 6- 8 weeks
Bill To Name Lathrop, City of Ship To Name Lathrop. City of Bill To 390 Towne Center Drive Ship To 2112 Louise Ave.
Lathrop, California 95330 Lathrop, California 95330
United States United States
union enrollment is required by our subcontractor for completion of this project, Ross Recreation will require a change order to cover the costs of a per project enroliment and additional wagelbenefit requirements.
Signature
Name
Title
Date
Prepared By Nick Philbin
Email nickp rossrec. com
100 Brush Creek Road, Suite 206, Santa Rosa, California 95404 p
855. 892. 3240 • rossrec. com• Contractors License# 520752• DIR# 1000003500• TaxiD# 68- 0103540 98 Opportunity Name Park 1` lest Site Furnishinc s
Quote Name Fv , ; rs __ 3- e_;
Quote Number 00039311
I I L. i 3t' ii 1 `. t ttt i11' I< QuoteDate 8l3012022
t u,; fl, c_,, n, tv S fl e t 3 Quote Exp Date 9I2912022 Est Lead Time 6- 8 weeks
Bill To Name Lathrop, City of Ship To Name athrop, City of Bill To 390 Towne Center Drive Ship To 2112 Louise Ave.
Lathrop, California 95330 Lathrop, California 95330
United States United States
2. 00 432- 32
Dumor 32- Gailon Steel Receptacle Color: Forest Green; CVR- 30- FTO- Large Steel Cover, 10" $ 1, 045. 00 $ 2, 090. 00
Opening Color: Forest Green
2. 00' 448- 44 ' Dumor 4' Square Steel Table 4 Seats Color: Forest Green 3, 651. 00 $ 7, 302. 00 Total Quote Amounts
County/ City Tax San Joaquin County! Lathrop Materials Amount 9, 392. 00 Tax Rate 8. 7500°/ o Tax Amount 821. 80
Credit Terms Net 30 On Materials Shipment Labor Amount 0. 00 Freight Amount 1, 711. 00
Total 11, 924. 80
Notes to Customer
Thank you for ihe opportunity to quote your upcoming project. PLEASE NOTE: quote does not include installation. offload, payment and performance bonds, engineering calculations, security, storage, permits, inspection, or safety surfacing unless othenvise noted. Unless noted, freight costs assume semi- truck access and do not include a lift- gate.
Deposits may be required before order can be placed depending on customer credit terms. Your purchase is subject to the terms and conditions of this quote, approval of this quote agrees to those terms.
If ordering materials after the expiration date please contact your sales representative for current pricing. Due to material cost increases, Ross Recreation may not be able to hold pricing past the stated Expiration Date on this quote. To secure current pricing Ross Recreation will require the following PO, signed quote or contract with approvai for the order Deposit if required by credit terms
Color selections and/ or approved submittals
Acceptance of delivery when materials or equipment is ready to ship if this is for a bid, it is the responsibility of the General Contractor bidding to adjust their bid to accommodate anticipated pricing.
Please also note that sales tax will be based on the current rate at the time of shipping, not the order date. Customer will be expected to cover these taxes.
Ross Recreation will provide labor using a subcontractor for all installation and labor quoted. Neither Ross Recreation nor our subcontractors are signatory to any unions, however compliance with prevailing wage rate requirements will occur. If union enrollment is required by our subcontractor for completion of this project, Ross Recreation wiil require a change order to cover the costs of a per project enrollment and additional wage/ benefit requirements.
Prepared By Nick Philbin
Email nickp@rossrec. com
100 Brush Creek Road, Suite 206, Santa Rosa, California 95404 p
855. 892. 3240 • rossrec. com• Contractors License# 520752 DIR# 1000003500• TaxID# 68- 0103540 99 Opportunity Name Park V'' esf Site Fumishings
Quote Name t F a __ 3
Quote Number 00039311
t i QuoteDate 8I30/ 2022
s 1la; nu eoaunun n- s; nce t9 3 Quote Exp Date 9( 2912022 Est Lead Time 6- 8 weeks
Bill To Name athrop, City of Ship To Name Lathrop. City of Bill To 390 Towne Center Drive Ship To 2112 Louise Ave.
Lathrop, Califomia 95330 Lathrop, Califomia 95330
United States Uniied States
Signature
Name
Title
Date
Prepared By Nick Philbin
Email nickp@rossrec. com
100 Brush Creek Road, Suite 206, Santa Rosa, California 95404 p
855. 892. 3240 • rossrec. com• Contractors License# 520752• DIR# 1000003500• TaxID# 68- 0103540 100
Opportunity Name Ri- er Park So? h Receptacle
Quote Name r as: .; t_, :.
Quote Number 00039315
t'(' c'?(. lf t1 _". t ll t 3' tl3 Quote Date 8I3012022 B it lin c a,„ a; r; s; r, e t 3 Quote Exp Date 9/ 29/ 2022 Est Lead Time 6- 8 weeks
Bill To Name Lathrop, City of Ship To Name Lathrop, City of Bill To 390 Towne Center Drive Ship To 2112 Louise Ave.
Lathrop, California 95330 Lathrop, Califomia 95330
United States United States
t
3. 00 432- 32
Dumor 32- Gallon Steel Receptacle Color: Forest Green; CVR- 30- FTO- Large Steei Cover, 10" $ 1, 045. 00 $ 3, 135. 00
Opening Color: Forest Green
Total Quote Amounts
County/ City Tax San Joaquin County/ Lathrop Materials Amount 3, 135. 00 Tax Rate 8. 7500° 10 Tax Amount 274. 31
Credit Terms Net 30 On Materials Shipment Labor Amount 0. 00 Freight Amount 693. 00
Total 4, 102 31
Notes to Customer
Thank you for the opportunity to quote your upcoming project. PLEASE NOTE: quote does not include installation, offload, payment and performance bonds, engineering calculations, security, storage, permits; inspection, or safety surfacing unless otherwise noted. Unless noted, freight costs assume semi- truck access and do not include a lift- gate.
Deposits may be required before order can be placed depending on customar credit terms. Your purchase is subject to the terms and conditions of this quote, approval of this quote agrees to those terms.
If ordering materials after the expiration date please contact your sales representative for current pricing. Due to material cost increases, Ross Recreation may not be able to hold pricing past the stated Expiration Date on this quote. To secure current pricing Ross Recreation will require the following PO, signed quote or contract with approval for the order Deposit if required by credit terms
Color selections andlor approved submittals
Acceptance of delivery when materials or equipment is ready to ship If this is for a bid, it is the responsibility of the General Contractor bidding to adjust their bid to accommodate anticipated pricing.
Please also note that sales tax will be based on the current rate at the time of shipping, not the order date. Customer will be expected to cover these taxes.
Ross Recreation will provide labor using a subcontractor for all installation and labor quoted. Neither Ross Recreation nor our subcontractors are signatory to any unions, however compliance with prevailing wage rate requirements will occur. If union enrollment is required by our subcontractor for completion of this project, Ross Recreation will require a change order to cover the costs of a per project enrollment and additional wage/ benefit requirements.
Prepared By Nick Philbin
Emaii nickp@rossrec. com
100 Brush Creek Road, Suite 206, Santa Rosa, California 95404 p
855. 892. 3240 • rossrec. com• Contractors License# 520752• DIR# 1000003500• TaxID# 68- 0103540 101
Opportunity Name River Park ScGth Rece tacie
Quote Name r ,^,c
T .:-
r: rc:!-,
Quote Number 00039315
f' "_"'' QuoteDate 8/ 30/ 2022 a
Buildin; Cr>,mmunicy since t' 7 QuOt2 EXp D8t@ 9/ 29/ 2022 Est Lead Time 6- 8 weeks
Bill To Name Lathrop, City of Ship To Name Lathrop, City of Bill To 390 To me Center Drive Ship To 2112 Louise Ave.
Lathrop, California 95330 Lathrop, California 95330
United States United States
Signature
Name
Title
Date
Prepared By Nick Philbin
Email nickp@rossrec. com
100 Brush Creek Road, Suite 206, Santa Rosa, California 95404 p
855. 892. 3240 • rossrec. com• Contractors License# 520752• OIR# 1000003500• TaxID# 68- 0103540 102
Opportunity Name Lathrop Stock F mishirc, s
Cluote Jame r: r s
Quote Number 00039429
t " L a?° QuoteDate 9/ 15/ 2022
Buildin Coazmunitc stnce! 9' 3 QUote Exp Det2 11/ 3012022 Est Lead Time 6- 8 weeks
Bill To Name Lathrop, City of Ship To Name Lathrop. City of Bill To 390 Towne Center Drive Ship To 2112 Louise Ave.
Lathrop, California 95330 Lathrop, California 95330
United States United States
1 2. 00 432- 32 DUMOR 32- GALLON STEEL RECEPTACLE, SURFACE MOUNT, FOREST GREEN 1, 045. 00 $ 2,090. 00
2. 00 448- 44 DUMOR 4' SQUARE STEEL TABLE, 4 SEATS, SURFACE MOUNT, FOREST GREEN 3, 651. 00 $ 7, 302. OQ
3. 00 58- 60 DUMOR 6' CAST BENCH, STEEL SEAT, SURFACE MOUNT, FOREST GREEN 1, 506. 00 $ 4, 518. 00 Total Quote Amounts
County/ City Tax San Joaquin County/ athrop Materials Amount 13, 910. 00 Tax Rate 8. 7500% Tax Amount 1, 217. 13
Credit Terms Net 30 On Materials Shipment Labor Amount S0. 00 Freight Amount 2, 440. 00
Total 17, 567. 13
Notes to Customer
Thank you for the opportunity to quote your upcoming project. PLEASE NOTE: quote does not include installation, offload, payment and performance bonds, engineering calculations, security, storage, permits, inspection, or safety surfacing unless otherwise noted. Unless noted, freight costs assume semi- truck access and do not inciude a lift- gate.
Deposits may be required before order can be placed depending on customer credit terms. Your purchase is subject to the terms and conditions of this quote, approval of this quote agrees to those terms.
If ordering materials after the expiration date piease contact your sales representative for current pricing. Due to material cost increases, Ross Recreation may not be able to hold pricing past the stated Expiration Date on this quote. To secure current pricing Ross Recreation will require the following PO, signed quote or contract with approval for the order Deposit if required by credit terms
Color selections and( or approved submittals
Acceptance of delivery when materials or equipment is ready to ship If this is for a bid. it is the responsibility of tne General Contractor bidding to adjust their bid to accommodate anticipated pricing.
Please also note that sales tax will be based on the current rate at the time of shipping, not the order date. Customer will be expected to cover these taxes.
Ross Recreation will provide labor using a subcontractor for all installation and labor quoted. Neither Ross Recreation nor our subcontractors are signatory to any unions, however compliance with prevailing wage rate requirements will occur. If union enroliment is required by our subcontractor for completion of this project, Ross Recreation will require a change order to cover the costs of a per project enroliment and additional wage/ benefit requirements.
Prepared By Nick Philbin
Email nickp@rossrec. com
100 Brush Creek Road, Suite 206, Santa Rosa, California 95404 p
855. 892. 3240 • rossrec. com Contractors License# 520752• DIR# 1000003500• TaxID# 68- 0103540 103
Opportunity Name akhr p Sto k F mishirgs
Quote Name rn . t, :::;
Quote Number 00039429
QuoteDate 9I15I2022
s ldin; coa;, c,: s; nc t? 3 Quote Exp Date 11/ 30/ 2022 Est Lead Time 6- 8 weeks
Bill To Name Lathrop, City of Ship To Name Lathrop. City of Bill To 390 Towne Center Drive Ship To 2112 Louise Ave.
Lathrop, California 95330 Lathrop, Califomia 95330
United States United States
Signature
Name
Title
Date
Prepared By Nick Philbin
Email nickp@rossrec. com
100 Brush Creek Road, Suite 206, Santa Rosa, California 95404 p
855. 892. 3240 • rossrec. com• Contractors License# 520752• DIR# 1000003500• TaxID# 68- 0103540 104
ITEM 4. 6
CITY MANAGER' S REPORT
OCTOBER 10, 2022 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE PURCHASE OF ITERIS PRODUCTS FOR
CITY- WIDE TRAFFIC SYSTEMS AND SAFETY
UPGRADES PRO7ECT, CIP PS 23- 01, AND APPROVE
BUDGET AMENDMENT
RECOMMENDATION: Adopt Resolution Approving the Purchase of Iteris Products for the City- Wide Traffic Systems and
Safety Upgrades Project, CIP PS 23- 01, and Approve
Budget Amendment
SUMMARY:
On July 11, 2022, Council approved the creation of Capital Improvement Project ( CIP) PS 23- 01 for City- Wide Traffic Systems and Safety Upgrades Project for various upgrades that will maintain and improve the reliability, safety and function of various trafFic control devices in the City. These upgrades include the replacements of obsolete traffic controllers, installation of video and radar detection systems, communication upgrades, and safety upgrades including guard rails, signs, striping and bicycle facilities. Staff requested a proposal from Iteris, Inc. ( Iteris) for 12 Vantage Next Vector video and radar detection systems and associated components as shown in Attachment " B".
PS 23- 01 was approved with a budget of $ 312, 000 per fiscal year for the next three years for a total budget of $ 936, 000. Staff originally planned to complete the upgrades over the next three years to manage the workload associated with these upgrades. However, Iteris has offered a 20% discount of $ 76, 392 on materials if the City orders all 12 intersections at one time and staff now has the ability to complete these upgrades in one year, therefore approval of a budget amendment is proposed to fully fund the project for completion in FY 22/ 23.
Staff requests Council approve the purchase of the Iteris products for a total cost of 332, 305. 20 and a budget amendment to provide the three- year funding in FY 22/ 23 for advance completion of the project.
BACKGROUND:
On July 11, 2022 Council approved the creation of CIP PS 23- 01 for City- Wide Traffic Systems and Safety Upgrades. A component of this project is to improve the traffic signal technology throughout the City. Staff requested a proposal from Iteris for 12 Vantage Next Vector video and radar detection systems and associated components as shown in Attachment " B".
The Iteris Vantage Next Vector video and radar detection systems are currently required for new traffic signal installations as stated in the City Design and 105
CITY MANAGER' S REPORT PAGE 2
OCTOBER 10, 2022 CITY COUNCIL REGULAR MEETING
APPROVE PURCHASE OF ITERIS PRODUCTS FOR CITY- WIDE TRAFFIC SYSTEMS AND SAFETY UPGRADES PRO7ECT, CIP PS 23- 01, AND APPROVE
BUDGET AMENDMENT
Construction Standards. This product is proprietary and therefore, Iteris has provided a Sole Source Documentation, included as Attachment C".
PS 23- 01 was approved with a budget of $ 312, 000 per fiscal year for the next three years for a total budget of $ 936, 000. Staff originally planned to complete the upgrades over the next three years to manage the workload associated with these upgrades. However, Iteris has offered a 20% discount of $ 76, 392 on materials if the City orders all 12 intersections at one time and staff now has the ability to complete these upgrades in one year, therefore approval of budget amendment is proposed to fully fund the project for completion in FY 22/ 23.
Staff requests Council approve the purchase of the Iteris products for a total cost of 332, 305. 20 and a budget amendment to provide the three- year funding in FY 22/ 23 for advance completion of the project.
RECOMMENDATION:
A component of the City- Wide Traffic Systems and Safety Upgrade Project is to improve the traffic signals throughout the City, which will help improve traffic flow and level of service. Staff requests Council approve the purchase of the Iteris Products listed in Attachment B" for CIP PS 23- 01.
FISCAL IMPACT:
The purchase of the Iteris products listed in Attachment B" has a subtotal cost of 305, 568. 00 plus any applicable taxes and delivery fees. The adopted Fiscal Year 2022/ 23 Budget included sufficient funds for City- Wide Traffic Systems and Safety Upgrades Project, CIP PS 23- 01 to purchase the products.
Staff requests City Council approve a budget amendment transferring $624, 000 from the Street Reserve Fund ( 1010) to the Streets CIP Fund ( 3310) as follows:
Increase Transfer Out
1010- 9900- 990- 9010 624, 000
Increase Transfer In
3310- 9900- 393- 0000 PS 23- 01 624, 000
Increase Expenditures
3310- 8000- 420- 75- 00 ( Labor) PS 23- 01 60, 000
3310- 8000- 430- 37- 00 ( Materials) PS 23- 01 564, 000 Decrease Reserve
1010- 251- 03- 00 624, 000
106
CITY MANAGER' S REPORT PAGE 3
OCTOBER 10, 2022 CITY COUNCIL REGULAR MEETING
APPROVE PURCHASE OF ITERIS PRODUCTS FOR CITY- WIDE TRAFFIC SYSTEMS AND SAFETY UPGRADES PROJECT, CIP PS 23- 01, AND APPROVE
BUDGET AMENDMENT
ATTACHMENTS:
A. Resolution Approving the Purchase of Iteris Products for the City- Wide Traffic Systems and Safety Upgrades Project, CIP PS 23- 01, and Approve Budget Amendment
B. Quote - Iteris, Inc.
C. Sole Source Letter - Iteris, Inc.
107
CITY MANAGER' S REPORT PAGE 4
OCTOBER 10, 2022 CITY COUNCIL REGULAR MEETING
APPROVE PURCHASE OF ITERIS PRODUCTS FOR CITY- WIDE TRAFFIC SYSTEMS AND SAFETY UPGRADES PROJECT, CIP PS 23- 01, AND APPROVE
BUDGET AMENDMENT
APPROVALS:
i/ 1/ 5/ z Z
Bellal Nabizadah Date
Assistant Engineer
0 2022
Brad lor Dat
City Engineer
C Ct 1 2
ony Fernand Date
Information Systems Director
ruK C o S Z ZZ
Cari James Date
Finance Director
a zo z.
Michael King Date
Assistant City Man ger
D 5' • ZOZZ
Salvador Navarrete Date
City Attorney
fe•S•ZZ
phen J. Salvatore Date
City Manager
108
RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP
APPROVING THE PURCHASE OF ITERIS PRODUCTS FOR THE CITY- WIDE TRAFFIC SYSTEMS AND SAFETY UPGRADES PRO7ECT, CIP PS 23- 01, AND
APPROVE BUDGET AMENDMENT
WHEREAS, on July 11, 2022 Council approved the creation of Capital Improvements Project ( CIP) PS 23- 01 for City- Wide Traffic Systems and Safety Upgrades; and
WHEREAS, a component of this project is to improve the traffic signals throughout the City; and
WHEREAS, staff requested a proposal from Iteris for 12 Vantage Next Vector video and radar detection systems and associated components; and WHEREAS, the Iteris Vantage Next Vector video and radar detection systems are currently required for new traffic signal installations as stated in the City Design and Construction Standards; and
WHEREAS, this project is proprietary and therefore, Iteris has provided a Sole Source Documentation; and
WHEREAS, CIP PS 23- 01 was approved with a budget of $ 312, 000 per fiscal year for the next three years for a total budget of $ 936, 000. Staff originally planned to complete the upgrades over the next three years to manage the workload associated with these upgrades.
WHEREAS, staff now has the ability to complete these upgrades in one year and therefore approval of budget amendment is proposed to fully fund the project for completion in fiscal year 22/ 23; and
WHEREAS, staff requests Council approve the purchase of the Iteris products for a total cost of $ 332, 305. 20 and a budget amendment transferring $624, 000 from the Street Reserve Fund ( 1010) to the Streets CIP Fund ( 3310) as follows:
Increase Transfer Out
1010- 9900- 990- 9010 624, 000
Increase Transfer In
3310- 9900- 393- 0000 PS 23- 01 624, 000
Increase Expenditures
3310- 8000- 420- 75- 00 ( Labor) PS 23- 01 60, 000
3310- 8000- 430- 37- 00 ( Materials) PS 23- 01 564, 000 Decrease Reserve
1010- 251- 03- 00 624, 000
109
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve the purchase of the Iteris Products listed in Attachment B" of the City Manager' s Report from Iteris Inc. for an amount of $ 332, 305. 20; and BE IT FURTHER RESOLVED, that City Council of the City of Lathrop does hereby approve the a budget amendment transferring funds from the Street Reserve Fund ( 1010) to the Streets CIP Fund ( 3310) as detailed above. 110
The foregoing resolution was passed and adopted this lOt" day of October, 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 111
ATTACHMENT
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ATTACHMENT
949. 270. 9400 1700 Carnegie Avenue, Suite 100 *^^
iteris.com Santa Ana, CA 92705
September 14, 2022
Brad Taylor
City of Lathrop
390 Towne Centre Dr
Lathrop, CA 95330
Re: Sole Source Documentation
To Whom it may Concern:
Within the normally defined geographic region of Northern California lteris is the sole distributor of Iteris manufactured products to public agencies. The City of Lathrop is considered a public agency, within the normally defined geographic region as Northern California. Iteris is the sole source of Iteris manufactured products to public agencies within this region. If you have any other questions, please contact the undersigned.
Sincerely,
d! Cu/t2r Cql u;c fzc
Lauren Olsufka
Western Regional Sales Director
916. 342. 9884
lolsufka@iteris. com
114
ITEM 4. 7
CITY MANAGER' S REPORT
OCTOBER 10, 2022 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE TASK ORDER NO. 6 WITH WOODARD &
CURRAN FOR THE SURFACE WATER DISCHARGE
PRO) ECT PERMITTING SUPPORT, CIP WW 20- 17
RECOMMENDATION: Adopt Resolution Approving Task Order No. 6 with Woodard & Curran for Continued Permitting Support
for the Consolidated Treatment Facility Surface
Water Discharge Project, CIP WW 20- 17
SUMMARY:
The Surface Water Discharge Project Capital Improvement Project ( CIP) WW 20- 17 was created to obtain a National Pollutant Discharge Elimination System ( NPDES) permit to discharge effluent generated by the Lathrop Consolidated Treatment Facility LCTF) to the San Joaquin River. This project is needed to minimize future sewer rate increases and support growth as the City' s wastewater flows to increase and land becomes unavailable for the storage and disposal of recycled water.
Approval of Task Order No. 6 is requested to provide continued permitting support related to the WDRs rescission, NPDES permit amendment to include recycled water production and moving all recycled water distribution and use ( including storage) under the General Order.
Staff is recommending Council approve Task Order No. 6 with Woodard & Curran in the amount of $ 45, 100. Sufficient funds were included in the adopted Fiscal Year 22/ 23 budget for CIP WW 20- 17 to pay for these services.
BACKG ROU N D:
Wastewater from the City of Lathrop is treated at two separate facilities, the City of Manteca' s Wastewater Quality Control Flow ( WQCF) and the City of Lathrop' s CTF.
Treated wastewater effluent from the Manteca WQCF is primarily disposed of via discharge to the San Joaquin River. Treated wastewater effluent from the Lathrop CTF is currently discharged to land via ponds and sprayfields. Lathrop CTF effluent disposal and reuse is regulated by the Central Valley Regional Water Quality Control Board ( Central Valley Water Board).
In 2022, the City worked with the Regional Water Quality Control Board ( RWQCB) to secure an NPDES permit. Woodard & Curran has provided engineering and permitting support consulting services under various task orders related to the LCTF Waste Discharge Requirements ( WDRs), NPDES and General Order for Recycled Water Use General Order) under a Master Agreement dated June 10, 2019. Task Order No. 5 to the Master Agreement was approved in October 2021 to provide engineering and permit compliance consulting services related to the CIP WW 20- 17 Surface Water 115
CITY MANAGER' S REPORT PAGE 2
OCTOBER 10, 2022 CITY COUNCIL REGULAR MEETING
APPROVE TASK ORDER NO. 6 WITH WOODARD & CURRAN FOR THE SURFACE WATER DISCHARGE PRO) ECT PERMITTING SUPPORT, CIP WW 20- 17 Discharge Project. Approval of Task Order No. 6 is requested to provide continued permitting support related to the WDRs rescission, NPDES permit amendment to include recycled water production and moving all recycled water distribution and use including storage) under the General Order.
REASON FOR RECOMMENDATION:
The ability to dispose of efFluent from the Lathrop CTF to the San Joaquin River is necessary to minimize future rate increases and support growth as the City' s wastewater flows increase and land becomes unavailable for the storage and disposal of recycled water.
FISCAL IMPACT:
The cost of the permit compliance support services from Woodard & Curran under Task Order No. 6 is not to exceed $ 45, 100. Sufficient funds were included in the adopted Fiscal Year 22/ 23 budget for CIP WW 20- 17 to pay for these services.
ATTACH M ENTS:
A. Resolution Approving Task Order No. 6 with Woodard & Curran for Continued Permitting Support for the Consolidated Treatment Facility Surface Water Discharge Project, CIP WW 20- 17
B. Task Order No. 6 with Woodard & Curran for Continued Permitting Support for the Consolidated Treatment Facility Surface Water Discharge Project, CIP WW 20- 17
116
CITY MANAGER' S REPORT PAGE 3
OCTOBER 10, 2022 CITY COUNCIL REGULAR MEETING
APPROVE TASK ORDER NO. 6 WITH WOODARD & CURRAN FOR THE SURFACE WATER DISCHARGE PRO) ECT PERMITTING SUPPORT, CIP WW 20- 17 APPROVALS:
9 Z r
2o Z 2
Greg ' son Date
Senior Civil Engineer
1 1 1
Cari James Date
Finance Dir c or
q • zq • z ozz
Michael King Date
Assistant City Manager
ZZ
Salvador Navarrete Date
City Attorney
s•zz
St en J. Salvatore Date
City Manager
117
RESOLUTION NO. 22 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING TASK ORDER NO. 6 WITH WOODARD & CURRAN FOR
CONTINUED PERMITTING SUPPORT FOR THE CONSOLIDATED TREATMENT FACILITY SURFACE WATER DISCHARGE PROJECT, CIP WW 20- 17 WHEREAS, the CIP WW 20- 17 Surface Water Discharge project was created to construct the necessary infrastructure and obtain a National Pollutant Discharge Elimination System ( NPDES) permit from the Central Valley Regional Water Quality Control Board ( RWQCB) to allow discharge of tertiary treated effluent from the Lathrop CTF to the San Joaquin River; and
WHEREAS, the ability to dispose of effluent from the Lathrop CTF to the San oaquin River is necessary to minimize future rate increases and support growth as the City' s wastewater flows increase and land becomes unavailable for the storage and disposal of recycled water; and
WHEREAS, in 2022, the City worked with the Regional Water Quality Control Board ( RWQCB) to secure an NPDES permit; and
WHEREAS, Woodard & Curran has provided engineering and permitting support consulting services under various task orders related to the LCTF Waste Discharge Requirements ( WDRs), NPDES and General Order for Recycled Water Use General Order) under a Master Agreement dated June 10, 2019; and WHEREAS, Task Order No. 5 to the Master Agreement was approved in October 2021 to provide engineering and permit compliance consulting services related to the CIP WW 20- 17 Surface Water Discharge Project; and WHEREAS, at the request of staff, Woodard & Curran has provided a proposal to provide additional permit compliance support services for an amount not to exceed 45, 100; and
WHEREAS, approval of Task Order No. 6 is requested to provide continued permitting support related to the WDRs rescission, NPDES permit amendment to include recycled water production and moving all recycled water distribution and use including storage) under the General Order; and
WHEREAS, sufficient funds were included in the adopted Fiscal Year 22/ 23 budget for CIP WW 20- 17 to pay for these services.
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve Task Order No. 6 with Woodard & Curran for an amount not to exceed $ 45, 100 to provide continued permitting support for the Consolidated Treatment Facility Surface Water Discharge Project, CIP WW 20- 17. 118
The foregoing resolution was passed and adopted this 10th day of October, 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 119
ATTACHMENT
CITY OF LATHROP
TASK ORDER NO. 6
PURSUANT TO MASTER AGREEMENT DATED JUNE 10, 2019 WITH
WOODARD & CURRAN, INC.
TO PROVIDE ENGINEERING AND PERMIT COMPLIANCE
CONSULTING SERVICES TO PROVIDE CONTINUED RECYCLED
WATER PROGRAM EXPANSION PERMITTING SUPPORT
CIP WW 20- 17
THIS TASK ORDER NO. 6, dated for convenience October 10, 2022 is by and made and entered into by and between WOODARD & CURRAN, INC. (" CONSULTANT") and the CITY OF LATHROP, a California municipal corporation (" CITY"); RECITALS:
WHEREAS, on June 10, 2019, CONSULTANT entered into a Master Agreement AGREEMENT") and Task Order No. 1 with the CITY, by which the CONSULTANT has agreed to provide Engineering and Permit Compliance Consulting Services; and WHEREAS, on July 8, 2019, CONSULTANT entered into Task Order No. 2 to provide Engineering and Permit Compliance Consulting Services Related to Addition of Mossdale Urban Use Areas; and
WHEREAS, on December 3, 2019, CONSULTANT entered into Task Order No. 3 to provide Engineering and Permit Compliance Consulting Services to Provide NOI Assistance for General Order for Recycled Water Use; and WHEREAS, on September 14, 2020, CONSULTANT entered into Task Order No. 4 to provide Engineering and Permit Compliance Consulting Services to Provide Recycled Water Program Expansion Permitting Support; and WHEREAS, on September 14, 2020, CONSULTANT entered into Task Order No. 5 to provide Engineering and Permit Compliance Consulting Services to Provide Recycled Water Program Expansion Permitting Support, CIP WW 20- 17; and WHEREAS, on September 22, 2022, CONSULTANT submitted a scope of work as shown in Exhibit " A"; to provide Engineering and Permit Compliance Consulting Services for Continued Recycled Water Program Expansion Permitting Support; and WHEREAS, CONSULTANT is specially trained, experienced, and competent to perform Engineering and Permit Compliance Consulting Services, which are required by this agreement; and
120
CITY OF LATHROP — TASK ORDER NO. 6 WITH WOODARD & CURRAN, INC. FOR
CONTINUED ENGINEERING AND PERMIT COMPLIANCE SUPPORT SERVICES TO
PROVIDE CONTINUED RECYCLED WATER PROGRAM EXPANSION PERMITTING SUPPORT— WW 20- 17
WHEREAS, CITY selected the CONSULTANT pursuant to said qualifications; and WHEREAS, CONSULTANT is willing to render such Engineering and Permit Compliance Consulting Services, as hereinafter defined, on the following terms and conditions.
NOW, THEREFORE, CONSULTANT and the CITY agree as follows:
AGREEMENT
1) Incorporation of Master Aqreement
This Task Order No. 6 hereby incorporates by reference all terms and conditions set forth in the Master Agreement for Consulting Services for this project, unless specifically modified by this Task Order No. 6. 2) Scope of Service
CONSULTANT agrees to perform Engineering and Permit Compliance Consulting Services in accordance with the scope of work and fee proposal attached hereto as Exhibit " A" to this Task Order No. 6.
CONSULTANT agrees to diligently perform these services in accordance with the upmost standards of its profession and to the CITY' S satisfaction. 3) Effective Date and Term
The effective date of this Task Order No. 6 is October 10, 2022 and it shall terminate no later than June 30, 2023.
4) Compensation
CITY hereby agrees to pay CONSULTANT hourly rates and other charges not to exceed $ 45, 100 for the Engineering and Permit Compliance Consulting Services. CONSULTANT shall be paid any uncontested sum due and payable within thirty ( 30) days of receipt of billings containing all information pursuant to Paragraph 5 below. 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 Exhibit " A", 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.
121
CITY OF LATHROP — TASK ORDER NO. 6 WITH WOODARD & CURRAN, INC. FOR
CONTINUED ENGINEERING AND PERMIT COMPLIANCE SUPPORT SERVICES TO
PROVIDE CONTINUED RECYCLED WATER PROGRAM EXPANSION PERMITTING SUPPORT— WW 20- 17
5) Notice to Proceed
Prior to commencing work under this agreement, CONSULTANT shall receive a written " Notice to Proceed" from CITY. A Notice to Proceed shall not be issued until all necessary bonds and insurance have been received.
City shall not be obligated to pay CONSULTANT for any services prior to issuance of the Notice to Proceed.
6) Siqnatures
The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the CONSULTANT and the CITY. This agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
122
CITY OF LATHROP — TASK ORDER NO. 6 WITH WOODARD & CURRAN, INC. FOR
CONTINUED ENGINEERING AND PERMIT COMPLIANCE SUPPORT SERVICES TO
PROVIDE CONTINUED RECYCLED WATER PROGRAM EXPANSION PERMITTING SUPPORT — WW 20- 17
Approved as to Form: City of Lathrop
City Attorney
L _ ZOL' Z
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, Inc.
David L. Richardson, P. E., Senior Vice President
2175 N. California Blvd., Ste. 315
Walnut Creek, CA 94596
Fed I D # 01- 0363222
Bus License # 20849
Signature Date
David Richardson, P. E.
123
2175 N California Blvd j T 800. 426. 4262
Suite 31 S
i T 925. 627. 4100
Walnut Creek, CA 94596
www.woodardcurran.com i
EXHIBIT'"
Via Electronic Mail
September 22, 2022
Michael King
Woodard City of Lathrop
390 Towne Centre Drive
Curran Lathrop, CA 95330
Re: Amendment Request to Provide Continued Recycled Water Permitting Support Dear Michael:
Woodard & Curran is happy to provide continued service to the City to support recission of the existing Waste Discharge Requirements ( WDR, Order R5- 2016- 0068) and the full transition of the recycled water system to the Recycled Water General Order( Order WQ 2016- 0068- DDWR5017).
In 2022, the City worked with the Regional Board to secure a surface water discharge permit NPDES) as part of the next phase of the CTF to provide treatment and disposal capacity through buildout of the City ( ORDER R5- 2022- 0004/ NPDES CA0085359). The new NPDES permit covers wastewater treatment at the CTF and discharge of treated tertiary effluent through the new outfall currently under construction. With the new NPDES permitting in place, the City would like to rescind the existing WDR and move all recycled distribution and use including storage) under the General Order.
Under the current contract, Woodard & Curran has been providing technical and permitting assistance including ongoing water balance evaluations and coordination with the City, RBI, and the Central Valley Regional Water Quality Control Board ( CV Water Board) over the past 2 years. At a recent meeting with the CV Water Board, Board staff requested the City submit both a WDR recission letter ( inclusive of/ similar to a Facilities Closure Plan) as well as a separate request to amend the NOA. With this amendment for continued support, Woodard & Curran will assist the City by developing the WDR rescission request letter and a subsequent letter request to update to the Notice of Applicability, both to be submitted to the Regional Board.
This amendment will add funds to the existing contract ( Task Order No. 5 for Engineering and Permit Compliance Services to Provide Continued Recycled Water Program Expansion Permitting Support— CIP WW 20- 17) to continue permitting support.
SCOPE OF SERVICES
TASK 1: Permitting Assistance
WDR Recission Request LetteNFacilities Closure Plan — Woodard & Curran will develop a WDR Recission request letter for Regional Board, covering the following information:
Background summary of permitting moving to NPDES and RW General Order, therefore allowing WDR recission/ abandonment
124
Summary of semi- annual GW monitoring City has done over last 6 years of current permit. Demonstrates RW application has not had any significant impacts on the GW quality compared to background conditions and all GW monitoring can stop Reaffirm ability to stop GW monitoring associated with LAS- 2 and eliminate the 13267 Order
Woodard Provide list of facilities in the WDR that will remain in service and move to regulatory Curran coverage under the NPDES or RW General Order as well as those that will be closed mainly the percolation pond)
Identify updated GW monitoring well abandonment schedule/ cost estimate( except for 2 SGMA wells).
An administrative draft letter will be developed for review by the City and a consolidated set up comments will be provided to Woodard & Curran. A draft request letter will be submitted to the CV Water Board for review and concurrence before the final letter is submitted.
General Order NOA Update Request Letter— Following the development of the draft Facilities Closure Plan, Woodard & Curran will develop the letter requesting the NOA be updated to reflect that the entirety of the recycled water distribution system is regulated under the General order, including all storage ponds, pump stations, and use areas. This short letter will document permitting conditions and affirm that the Title 22 report and NOI submitted in 2020 provided the relevant information for updating the NOA.
A draft letter will be developed for review by the City. A final letter will be submitted to the CV Water Board.
Deliverables
Admin draft, draft, and final WDR Recission Request Letter, including updating the well abandonment schedule and cost estimate
Draft and final NOA Update Request Letter
Assumptions•
Well abandonment technical support and the Well Destruction Report will be completed by others under separate contract.
The Groundwater Monitoring Well Condition Survey Report and Destruction Plan submitted by the City in 2016 will be cited as the abandonment methodologies and other information are still relevant. Additional condition surveys will not be completed as all wells are slated for abandonment unless otherwise noted.
No additional groundwater monitoring or analysis will be completed under this contract. It is assumed that the quarterly, semi- annual, and annua) groundwater monitoring reports submitted over the last 5 years provide sufficient data to meet the CV Water Board' s needs. The data will be summarized, and a list of all groundwater reports submitted over the past 5 years will be provided within the WDR Recission Request Letter.
City and its consultants will provide a single consolidated set of comments on the administrative draft WDR recission letter within 2 weeks of submittal.
City of Lathrop 2 Woodard& Curran, Inc.
Lathrop_ 2022PermitAssist_ PH2 Proposal 092222 September 22, 2022 125
Minor modifications to the draft report submitted to the CV Water Board may be incorporated, but significant edit or comment by Board staff would require a meeting and negotiations with the City.
The Title 22 Report Addendum and the Notice of Intent submitted in 2020 are sufficient without modifications to support the NOA Amendment. Updates to these documents are not included.
Woodard
Curran TASK 2: Meetings and Project Management
Woodard & Curran will continue work with City and Regional Board staff to secure permit updates for the recycled water system and support on- going development in the City. This task includes the internal and external coordination and communication necessary to assure the project is completed on a schedule that meets the requirements of both the City and Regional Water Board staff. This task includes communication with City staff and team on the status of the project work, as well as preparation of monthly invoices and progress reports.
Deliverables
Notes from interactions with the Regional Board.
Meeting prep and attendance( virtual)
Monthly progress reports.
Assumptions
One virtual meeting with Regional Board staff after submittal of the WDR Recission Request Letter.
Two virtual meetings with City staff and City' s consultants._
BUDGET AND SCHEDULE
The estimated level of effort for the amended scope is not to exceed $ 45, 100 as presented in the attached fee estimate. If you have any questions about our proposal or would like additional information, please call me at( 926) 627- 4138.
Sincerely,
WOODARD & CURRAN, INC.
l/
C C-- . f
T t C,- w'`,
David L. Richardson, P. E.
Principal in Charge, Vice President
Attachment: Fee Estimate
City of Lathrop 3 Woodard& Curran, Inc.
Lathrop_2022PermitAssist_ PH2 Proposal 092222 September 22, 2022 126
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128
ITEM 4.8
CITY MANAGER' S REPORT
OCTOBER 10, 2022 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE TASK ORDER NO. 30 WITH 4LEAF,
INC. FOR BUILDING INSPECTION SERVICES
RECOMMENDATION: Adopt Resolution Approving Task Order No. 30 with 4LEAF Inc. to provide Building Inspection
Services in the Building Department
SUMMARY:
Due to the continued increase in construction activity related to capital improvement, private land development, residential, commercial, and industrial projects, staff requested a proposal from 4LEAF, Inc. ( 4LEAF), to provide continued professional services in the Building Department. A series of various task orders have been previously approved to provide various professional services within the Building Department, such as professional building inspection and plan checking.
Staff is requesting City Council approval of Task Order No. 30 with 4LEAF to provide continued professional consultant services in the capacity of Building Inspection Services for an amount not to exceed $ 250, 000.
Sufficient funds have been allocated in budget fiscal year 22/ 23.
BACKGROUND:
The Building Department is responsible for the permitting and inspection of construction ( including but not limited to; new construction, additions, alterations, repairs, and remodeling) throughout the City' s building permitting jurisdiction as required by the California Building Codes. The Building Department enforces the California Building Codes and the Lathrop Municipal Code.
Due to the continued increase in construction activity related to capital improvement, private land development, residential, commercial, and industrial projects, staff requested a proposal from 4LEAF to provide continued professional services in the Building Department for Building Inspection Services.
The City recovers its costs to provide building inspection services for active construction projects by charging a construction permit fee collected when building permits are issued. These services are fully funded in the Building Department budget and offset by revenue received from building permits.
129
CITY MANAGER' S REPORT PAGE 2
OCTOBER 10, 2022 CITY COUNCIL REGULAR MEETING
APPROVE TASK ORDER NO. 30 WITH 4LEAF INC., FOR BUILDING
INSPECTION SERVICES
Below is a summar table of reviousl a roved task orders to date:
Task Order No. Approved Building Department Work Scope Description 1 2 2015 Staff Au mentation Plan Check Services
3- 5 2016 Plan Check & Ins ection Services
6 7 2017 Plan Check & Ins ection Services
8- 11 2018
Interim Chief Building Official ( CBO), Plan Check &
Ins ection Services
12- 16 Z019
Plan Check & Inspection Services, Interim CBO,
Professional Services
17- 24 2020- 2021 Interim CBO Ins ection Services
25- 29 2p22
Interim CBO, Plan Check & Inspection, Code
Enforcement Services
REASON FOR RECOMMENDATION:
Additional professional services are needed in the Building Department to keep up with the continued increase in construction activity related to capital improvement, private land development, and residential, commercial and industrial projects.
FISCAL IMPACT:
The cost of Task Order No. 30 is not to exceed $ 250, 000 and will be paid on a time and material basis. The proposed scope will provide professional services from October 2022 to March 2023. Sufficient funds have been allocated in fiscal year 22/ 23.
ATTACH M ENTS:
A. Resolution Approving Task Order No. 30 Pursuant to Master Consulting Agreement dated September 21, 2015 with 4LEAF, Inc. to provide Building Inspection Services in the Building Department
B. Task Order No. 30 Pursuant to Master Consulting Agreement dated September 21, 2015 with 4LEAF, Inc. to provide Building Inspection Services 130
CITY MANAGER' S REPORT PAGE 3
OCTOBER 10, 2022 CITY COUNCIL REGULAR MEETING
APPROVE TASK ORDER NO. 30 WITH 4LEAF INC., FOR BUILDING
INSPECTION SERVICES
APPROVALS:
Ed Short Date
Chief Building Official
1D a"
Cari J Date
Finance Di ctor
Zq • 2dZZ
Michael King Date
Assistant City Manager
3• Z.,f1 ZZ
Salva or avarrete Date
City Attorney
t s- Z
Step en J. Salvatore Date
City Manager
131
RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING TASK ORDER NO. 30 WITH 4LEAF INC. TO PROVIDE BUILDING INSPECTION SERVICES IN THE BUILDING DEPARTMENT.
WHEREAS, due to the continued increase in construction activity related to capital improvement, private land development, residential, commercial, and industrial projects, staff requested a proposal from 4LEAF to provide continued professional Building Inspection services in the amount of $ 250, 000; and WHEREAS, the City utilizes contracting professional personnel services in the Building Department in order to keep pace with ongoing construction activity; and WHEREAS, the cost of Task Order No. 30 is not to exceed $ 250, 000, and will be paid on a time and material basis. The proposed scope will provide professional services from October 2022 to March 2022.
NOW, THEREFORE, BE IT RESOLED, that the City Council of the City of Lathrop does hereby approve Task Order No. 30 with 4LEAF, Inc. to provide Building Inspection Services in the Building Department.
132
The foregoing resolution was passed and adopted this 10th day of October 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 133
ATTA HMENT
M „
CITY OF LATHROP
TASK ORDER NO. 30
PURSUANT TO MASTER CONSULTING AGREEMENT DATED
SEPTEMBER 21, 2015 WITH 4LEAF, INC.
TO PROVIDE BUILDING INSPECTION SERVICES
THIS TASK ORDER NO. 30 dated for convenience this 10t" day of October 2022 is by and made and entered into by and between 4LEAF, Inc. (" CONSULTANT") and the CITY OF LATHROP, a California municipal corporation (" CITY"); RECITALS:
WHEREAS, on September 21, 2015, CONSULTANT entered into a Master Agreement with the CITY, and parties approved an extension of the term to June 30, 2021, pursuant to Amendment No. 2, dated May 13, 2019. On March 8, 2021, City Council approved an extension of the term to June 30, 2023 pursuant to Amendment No. 3 AGREEMENT"), by which the CONSULTANT has agreed to provide Building Inspection Services; and
WHEREAS, CONSULTANT is specially trained, experienced, and competent to perform Building Inspection Services, which are required by this agreement; and WHEREAS, CITY selected the CONSULTANT pursuant to said qualifications; and WHEREAS, CONSULTANT is willing to render such Building Inspection Services, as hereinafter defined, on the following terms and conditions.
NOW, THEREFORE, CONSULTANT and the CITY agree as follows:
AGREEMENT
1) Incorporation Of Master Aqreement
This Task Order hereby incorporates by reference all terms and conditions set forth in the Master Agreement for Consulting Services for this project, unless specifically modified by this Task Order.
2) Scope of Service
CONSULTANT agrees to perform Building Inspection Services in accordance with the scope of work and fee proposal provided in Exhibit " A" to this Task Order.
134
CITY OF LATHROP — TASK ORDER NO. 30 WITH 4LEAF INC. TO PROVIDE BUILDING iNSPECTION SERVICES
CONSULTANT agrees to diligently perform these services in accordance with the upmost standards of its profession and to the CITY'S satisfaction. 3) Effective Date and Term
The effective date of this Task Order No. 30 is October 10, 2022, and it shall terminate no later than March 31, 2022.
4) Compensation
CITY hereby agrees to pay CONSULTANT hourly rates and other charges detailed in Exhibit " A" up to a total sum not to exceed $ 250, 000 for the Interim Building Inspection Services. CONSULTANT shall be paid any uncontested sum due and payable within thirty ( 30) days of receipt of billings containing all information pursuant to Paragraph 5 in the Master Consulting Agreement Dated September 21, 2015.
5) Notice to Proceed
Prior to commencing work under this agreement, CONSULTANT shall receive a written " Notice to Proceed" from CITY. A Notice to Proceed shall not be issued until all necessary insurance have been received. City shall not be obligated to pay CONSULTANT for any services rendered prior to issuance of the Notice to Proceed.
6) Siqnatures
The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behatf of the respective legal entities of the CONSULTANT and the CITY. This agreement shatl inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
135
CITY OF LATHROP — TASK ORDER NO. 30 WITH 4LEAF INC. TO PROVIDE
BUILDING INSPECTION SERVICES
Approved as to Form: City of Lathrop
City Attorney
3.-2 oz. Z.
Salvador Navarrete Date
Recommended for Approval: City of Lathrop
Public Works Director
Michael King Date
Approved by:
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Stephen J. Salvatore Date
City Manager
CONSULTANT: 4LEAF Inc.
2126 Rheem Drive
Pleasanton, CA 94588
Fed I D # 94- 3393574
Bus License # 20088
Signature Date
Kevin J. Duqqan, President
Print Name and title)
136
4L,EAF, 1[ vC.
ENGMEERING. CONSTRUGTION MANAGEMENT H' B' T
PLAN CHECK. BUILDING INSPECTION. PIANNWG
2022 FEE SCHEDULE & BASIS OF CHARGES
For the City of lathrop
All Rates are Subject to Basis of Charges
Inspection Services
Senior Combination Building Inspector( BIII) ..........................................................$ 130/ hour Commercial Buifding Inspector( BII)........................................................................$ 118/ hour Residential Building Inspector( BI) ..........................................................................$ 106/ hour Inspector of Record ( including DSA or OSHPD).............................................................$ 158/ hour Public Works Inspector............................................................................................$ 163/ hour CASpInspection.............................................................................................................$ 170/ hour FireInspection...............................................................................................................$ 155/ hour Hourly overtime charge per inspector.................................................................... 1. 5 x hourly rate Mileage ( for inspections performed within the City)............................................. IRS Rate+ 20%
BASIS OF CHARGES
Rates are inclusive of" tools of the trade" such as forms, telephones, and consumables.
All invoicing will be submitted monthly.
Inspection services work is subject to 4- hour minimum charges unless stated otherwise. 4LEAF assumes that these rates reflect the task order period of June 2022 to December 2022.
Overtime and Premium time will be charged as follows:
Regular time( work begun after 5AM or before 4PM) 1 x hourly rate Nighttime( work begun after 4PM or before SAMJ 1. 125 x hourly rate Overtime( over 8- hour M- F or SaturdaysJ 1. 5 x hourly rate Overtime( over 8 hours Sat or 15C 8- hour SunJ 2 x hourly rate Overtime( over 8 hou s Sun or HolidaysJ 3 x hourly rpte Overtime will only be billed with prior authorization of designated Authority personnel.
All work with less than 8 hours rest between shifts will be charged the appropriate overtime rate.
In accordance with California' s Meal Break and Rest Break Law requirements, Client will be billed one ( 1) additional hour per day at the regular time rate for each missed meal or rest break due to Client- directed tasks or requirements. Client should allow 4LEAF' s non- exempt, hourly employees the opportunity to take their entitled rest and meal breaks during each work shift.
If 4LEAF is requested or otherwise required to conform to Client' s alternative work week schedule AWW"), Client hereby agrees to compensate or reimburse 4LEAF for all overtime paid to its employees who work an AWW.
City of Lathrop Page 1 of 2
Fee Schedule— Inspection Services June 2022
137
4LEAF, I vC.
ENGtNEERiNG . CONSIRUCTION MANAGEMENT
PLAN CHECK. BUILDIlvG INSPECTION. PLANNING
I 4LEAF s a ecte employment group approves an AWW e ection and t e same is registered, the overtime compensation/ reimbursement shall not be required.
Mileage driven during Inspections will be charged at cost plus 20%.
Payment due on receipt. All payments over 30 days will be assessed a 1. 5% interest charge.
Client shall pay attorneys' fees, or other costs incurred in collecting delinquent amounts.
Client agrees that 4LEAF' s liability will be limited to the value of services provided.
City of Lathrop Page 2 of 2
Fee Schedule- Inspection Services June 2022
138
ITEM 4. 9
CITY MANAGER' S REPORT
OCTOBER 10, 2022 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE CONTRACT CHANGE ORDER WITH GEORGE
REED, INC. AND RELATED BUDGET AMENDMENT
ASSOCIATED WITH ROAD MAINTENANCE AND
REHABILITATION, CIP PS 22- 45
RECOMMENDATION: Adopt Resolution Approving a Contract Change Order with George Reed, Inc. and Related Budget
Amendment Associated with Road Maintenance and
Rehabilitation, CIP PS 22- 45
SUMMARY:
On August 8, 2022, City Council awarded a construction contract to George Reed, Inc. for the construction of Road Maintenance and Rehabilitation, Capital Improvement Project ( CIP) PS 22- 45. Staff has identified additional roadway segments that are in need of repair ( Table 1, below) and requested a proposal to perform the extra work. A proposed Change Order with George Reed for this extra work is included as Attachment B, and a project location map is included as Attachment C.
Staff is requesting City Council approve a Contract Change Order in the amount of 760, 530 and a budget amendment transferring $ 760, 530 from the Street Reserve Fund ( 1010) to the Streets CIP Fund ( 3310) and authorize staff to spend the additional funds as necessary to achieve the goals of the project.
BACKGROUND:
On August 8, 2022, City Council awarded a construction contract to George Reed for the construction of the Road Maintenance and Rehabilitation, CIP PS 22- 45. The scope of work consisted of constructing a 3" overlay and installing traffic striping and road markings on Thomsen Road, J Street and Prairie Dunes Drive.
The subject overlay process consists of grinding to remove edge and failed asphalt from the existing street surface, and then placing a single layer of hot asphalt on top and compacting to a depth of 3".
Subsequent to contract execution, Staff identified additional roadway segments that would benefit from a pavement rehabilitation process similar to that being currently performed on the aforementioned streets. These additional segments and the limits of work are summarized in Table 1, below.
139
CITY MANAGER' S REPORT PAGE 2
OCTOBER 10, 2022 CITY COUNCIL REGULAR MEETING
APPROVE CONTRACT CHANGE ORDER WITH GEORGE REED, INC. AND
RELATED BUDGET AMENDMENT ASSOCIATED WITH THE ROAD
MAINTENANCE AND REHABILITATION, CIP PS 22- 45
Table 1 - Proposed Additional Scope of Work
STREET NAME SEGMENT BEGIN SEGMENT END
Rev. Maurice Cotton Dr. Lathro Rd. Warren Ave.
Shillin Ave. Rev. Maurice Cotton Dr. 100' west of Cedar Valle Dr.
Avon Ave. Lathro Rd. Warren Ave.
Suzie Q Ln. Min o W . Somoa Lane
Min o W . Warfield Rd. Cambrid e Dr.
The proposed extra work includes, and is detailed as Option 1 in Exhibit A to Attachment B:
Rev. Maurice Cotton Dr., Shilling Ave., and Avon Ave.: Pulverize existing road, place 3" overlay, shoulder back, striping and markings.
Suzie Q Ln. and Mingo Wy: grind and remove 3" depth of existing asphalt; place 3" asphalt overlay, striping and markings.
Pulverization is the process of crushing and compacting in- place existing asphalt to form road base, and is an economical alternative to complete road reconstruction.
Shoulder backing is the process of placing and compacting a 3' wide strip of baserock adjacent to new paving on streets without curb and gutter to protect the 3" vertical edge of the new asphalt overlay.
Staff recommends and requests Council approve the proposed budget transfer and change order to perform this pavement rehabilitation.
REASON FOR RECOMMENDATION:
The street segments identified by staff are in need of repair and would benefit from the pavement rehabilitation process currently being performed by George Reed on streets in the original scope of work. Performing the proposed work during George Reed' s mobilization for the current scope of work would be less expensive than performing the work under a separate mobilization, and would extend the service life of the streets by 10- 15 years.
FISCAL IMPACT:
The approved contract with George Reed is for $ 1, 793, 860, with a 15% construction contingency in the amount of $ 269, 079, for a total project budget of $ 2, 062, 939. To fund the proposed additions to the scope of work, a change order in the amount of 910, 529. 80 and a budget amendment in the amount of $ 760, 530 are needed. With the proposed budget amendment, the total authorized project budget would be 2, 823, 469.
140
CITY MANAGER' S REPORT PAGE 3
OCTOBER 10, 2022 CITY COUNCIL REGULAR MEETING
APPROVE CONTRACT CHANGE ORDER WITH GEORGE REED, INC. AND
RELATED BUDGET AMENDMENT ASSOCIATED WITH THE ROAD
MAINTENANCE AND REHABILITATION, CIP PS 22- 45
Staff requests City Council approve a budget amendment transferring $760, 530 from the Street Reserve Fund ( 1010) to the Streets CIP Fund ( 3310) as follows:
Increase Transfer Out
1010- 9900- 990- 9010 760, 530
Increase Transfer In
3310- 9900- 393- 0000 PS 22- 45 760, 530
Increase Ex enditures
3310- 8000- 420- 12- 00 PS 22- 45 760, 530
Decrease Reserve
1010- 251- 03- 00 PS 22- 45 760, 530
ATTACH M ENTS:
A. Resolution Approving a Contract Change Order with George Reed, Inc. and Related Budget Amendment Associated with Road Maintenance and Rehabilitation, CIP PS 22- 45
B. Change Order with George Reed, Inc.
C. Project Location Map
141
CITY MANAGER' S REPORT PAGE 4
OCTOBER 10, 2022 CITY COUNCIL REGULAR MEETING
APPROVE CONTRACT CHANGE ORDER WITH GEORGE REED, INC. AND
RELATED BUDGET AMENDMENT ASSOCIATED WITH THE ROAD
MAINTENANCE AND REHABILITATION, CIP PS 22- 45
APPROVALS:
Q
D. ! f. 2 Z
Steven Hollenbeak Date
Assistant Engineer
ib - 4-.
Ken Reed Date
Senior Construction Manager
aa v l 'sl Za1' L
Cari James Date
Finance Director
I o - - 1- Zo22
Michael King Date
Assistant City Manager
0 ' S= z..z.
Salvador Navarrete Date
City Attorney
J- S' ZZ
St n J. Salvatore Date
City Manager
142
RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING A CONTRACT CHANGE ORDER WITH GEORGE REED, INC. AND
RELATED BUDGET AMENDMENT ASSOCIATED WITH ROAD MAINTENANCE AND REHABILITATION, CIP PS 22- 45
WHEREAS, on August 8, 2022, City Council awarded a construction contract to George Reed, Inc. ( George Reed) for the construction of FY 22/ 23 Road Maintenance and Rehabilitation Capital Improvement Project ( CIP) PS 22- 45; and WHEREAS, the approved contract between the City of Lathrop and George Reed was in the amount of $ 1, 793, 860 plus a 15% construction contingency of 269, 079 for a total project budget of $ 2, 062, 939; and WHEREAS, the contract consisted of 3" asphalt overlays and associated paving tasks on segments of Stonebridge Ave, Thomsen Road, J Street and Prairie Dunes Drive; and
WHEREAS, staff identified additional roadway segments that would benefit from the pavement rehabilitation process currently being performed by George Reed:
Reverend Maurice Cotton Drive, Shilling Avenue, Avon Avenue, Suzie Q Lane and Mingo Way; and
WHEREAS, George Reed has provided the City with a proposal to accomplish this work at a cost of $910, 529. 80; and
WHEREAS, staff is requesting City Council approve a budget amendment transferring $ 760, 530 from the Street Reserve Fund ( 1010) to the Streets CIP Fund 3310) as follows:
Increase Transfer Out
1010- 9900- 990- 9010 760, 530
Increase Transfer In
3310- 9900- 393- 0000 PS 22- 45 760, 530
Increase Expenditures
3310- 8000- 420- 1200 PS 22- 45 760, 530
Decrease Reserve
1010- 251- 03- 00 PS 22- 45 760, 530
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve a Contract Change Order with George Reed, Inc. in the amount of $ 910, 529. 80 and a Budget Amendment transferring $ 760, 530 from the Street Reserve Fund ( 1010) to the Streets CIP Fund ( 3310) and authorize staff to spend the additional funds as necessary to achieve the goals of the project. 143
The foregoing resolution was passed and adopted this lOth day of October 2022, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS T FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 144
t 7TAC1iAAENT
s ..
CHANGE ORDER NO. 3
FY 2022- 23 Road Maintenance and Rehabilitation
CIP PS 22- 45 City of Lathrop
CONTRACT CHANGE ORDER NO. 3
FY 2022- 23 ROAD MAINTENANCE AND REHABILITATION. CIP PS 22- 45 Contractor: George Reed, Inc.
Address: 140 Empire Avenue
Modesto CA 95354
Change Order Date: October 10, 2022
Notice to Proceed Date: September 12, 2022
Contract Date: August 8, 2022
This contract change order augments or changes the following:
1) ADDITIONS TO CONTRACT
Pursuant to the provisions of the Contract Specifications and proposal attached as Exhibit A, you are hereby directed to make the herein described changes to the plans and specifications, and scope of work contracted for within the terms of the agreement between the City of Lathrop and George Reed, Inc. dated August 8, 2022.
I. CHANGES IN THE SPECIFICATIONS
A. None
II. ADDITION S TO CONTRACT
Item Description Quantity Unit Unit Extension
Option 1: Suzie( Lane and Mingo Way—0. 25' mill and overlay Reverend Maurice Cotton Drive, Avon Drive, Shilling Ave— Pulverize Existing Roadway, Grade and Com act, Overla 0. 25' HMA
1. 1 Mobilization 1 LS $ 16, 700. 00 16, 700. 00
1. 2 Traffic Control for work on all Roads 1 LS $ 75, 000. 00 75, 000. 00
1. 3 Pulverize and Grade Existing Roadway 158, 730 SF 0. 78 123,809.40 Reverend Maurice Cotton Drive, Avon
Drive,
Shillin Ave
1. 4 Cold Mill Grinding and Off- 54, 960 SF 0. 74 40, 670. 40 Haul - Suzie Q and Min o Wa
1. 5 Lower/ Raise/ Patch I ron — All 1 LS $ 85, 000. 00 85, 000.00 Roads Based on Field Count of:
35 Manholes EA, 12 Water Valves and
One Monument
1. 6 HMA Paving — 0. 25' AC Section put 4, 010 TN 135. 00 541, 350.00 down on all
roads
1. 7 Shoulder Backing - Reverend Maurice 350 TN 80. 00 28, 000. 00 Cotton Drive, Avon Drive, Shillin Ave
SUBTOTAL $ 910, 529. 80
145
CHANGE ORDER NO. 3
FY 2022-23 Road Maintenance and Rehabilitation
CIP PS 22- 45 City of Lathrop
TOTAL ADDITIONAL COST FROM THIS CHANGE ORDER 910, 529. 80 TOTAL ADDITIONAL COST FROM CHANGE ORDER # 1 2, 200. 00
TOTAL ADDITIONAL COST FROM CHANGE ORDER # 2 6, 500. 00
ORIGINAL CONTRACT AMOUNT 1, 793, 860. 00
REVISED CONTRACT AMOUNT AFTER CHANGE ORDER # 3 2, 713, 090.00
END OF CHANGES)
DESCRIPTION OF WORK
See additions to contract. The contractor shall provide all labor, material, equipment and shall perform all incidental tasks as necessary to complete the change order.
Staff has identified additional roadway segments that would benefit from the pavement rehabilitation process currently being performed by George Reed. These streets and the limits of work are summarized in the following table:
STREET NAME SEGMENT BEGIN SEGMENT END
Rev. Maurice Cotton Dr. Lathro Rd. Warren Ave.
Shillin Ave. Rev. Maurice Cotton Dr. 100' west of Cedar Valle Dr.
Avon Ave. Lathro Rd. Warren Ave.
Suzie Q Ln. Min o W . Samoa Lane
Min o W . Warfield Rd. Cambrid e Dr.
TIME OF COMPLETION
The extra work will add 25 working days to the original contract.
RELEASE AND WAIVER
Acceptance of this Contract Change Order constitutes a full and final resolution of all pending disputes between City and Contractor regarding scope of work and payment for work. Contractor accepts this Contract Change Order as full payment for all work performed to date and hereafter to be performed, up to and including Contract Change Order No. 3. Contractor releases and discharges City from any and all claims, demands, damages, actions and causes of actions and causes of action for injuries, damages or losses, whether known or unknown, foreseen or unforeseen, arising directly from Contractor's work on this contract. Contractor expressly waives the provisions of California Civil Code, Section 1542, which reads as follows:
A general release does not extend to claims which the Creditor does not know or suspect to exist in his favor at time of executing the release, which if known by him must have materially affected his settlement with the debtor.
END OF SECTION)
146
CHANGE ORDER NO. 3
FY 2022- 23 Road Maintenance and Rehabilitation
CIP PS 22- 45 City of Lathrop
Approved As
To Form:
r Z
Salvador Navarrete Date
City Attorney
City of Lathrop
Recommended
By:
Michael King Date
Assistant City Manager
City of Lathrop
Approved By:
Stephen J. Salvatore Date
City Manager
City of Lathrop
Accepted By
Contractor:
George Reed, Inc. Date
Print Name and Title
147
EXH161T'. A;•
MODESTO OFF[ CE GEO E R ED
OFFICE& YARD
P. O. BOX 4760, MODESTO, CA 95352 140 EMPIRE AVENUE
TELEPHONE:( 209) 523- 0734
N'
MODESTO, CA 95354
ESTIMATING FAX( 209) 523- 4927 1- 877- 823- 2305
ACCOUNTING FAX:( 209) 523- 4313 WWW. GEORGEREED. COM
CA License No. 211337- A, DIR# 1000001042
October 4, 2022 GRI bid# 22- 829C0
Attn: Ken Reed
Senior Construction Manager— City of Lathrop
kreed@ci. lathrop. ca. us
209) 712- 3136
RE: City of Lathrop- CIP PS 22- 45 CCO 2 Paving Plan
Thank you for giving George Reed, Inc. the opportunity to provide pricing for the referenced project.
Bid based on RFQ discussed with Ken Reed and Jason Reyes with additional roadways and treatments to be added to the roads noted. Work plans and projected quantities were provided by Ken Reed.
Proposal items and scope included: Option# 1
Item Description Quantity Unit Unit Extension
Suzie Q Lane and Mingo Way— 0. 25' mil) and overlay
Reverend Maurice Cotton Drive, Avon Drive, Shilling Ave— Pulverize Existing Roadway, Grade and Compact, Overlay 0. 25' HMA
1. 1 Mobilization 1 LS 16, 700. 00 16, 700. 00
1. 2 Traffic Control for work on all Roads 1 LS 75, 000. 00 75, 000. 00
1. 3 Pulverize and Grade Existing Roadway 158, 730 SF 0. 78 $ 123, 809. 40 Reverend Maurice Cotton Drive, Avon Drive,
Shilling Ave
1. 4 Cold Mill Grinding and Off- Haul- 54, 960 SF 0. 74 40, 670. 40 Suzie Q and Mingo Way
1. 5 Lower/ Raise/ Patch Iron— All Roads 1 LS 85, 000. 00 85, 000. 00 Based on Field Count of:
35 Manholes EA, 12 Water Valves and One
Monument
1. 6 HMA Paving— 0. 25' AC Section put down on all 4, 010 TN 135. 00 $ 541, 350. 00 roads
1. 7 Shoulder Backing - Reverend Maurice Cotton 350 TN 80. 00 28, 000. 00 Drive, Avon Drive, Shilling Ave
TOTAL $ 910,529.80
Pricing is based on field visit and discussions with Ken Reed. Option # 1 paving does not include paving grid/ fabric in any of the roads to be overlayed. Prices are based on completing the work in the 2022 work season. lfthe City of Lathrop decides to start in 2023, escalations may apply.
Pricing assumes unobstructed access and full work area is available to GRI. Standard M- F work week, day-time.
If weekend work is requested by the City, a $ 7, 000. 00 adder will be applied to Saturday shifts on top of item work to cover premiums on GRI crew and subcontractor work. 148
Proposal items and scope included: Option# 2
Item Description Quantity Unit Unit Extension
Suzie Q Lane and Mingo Way— 0. 25' mill and overlay
Reverend Maurice Cotton Drive, Avon Drive, Shilling Ave— Conform Grind, Glass Grid Paving Fabric, Overlay
0. 25' HMA
1. 1 Mobilization 1 LS 11, 500. 00 11, 500. 00
1. 2 Traffic Control for work on all Roads 1 LS 45, 000. 00 45, 000. 00
1. 3 Cold Mill Grinding and Off- Haul- 64, 630 SF 1. 35 87, 250. 50 Suzie Q and Mingo Way
1. 4 Lower/ Raise/ Patch Iron— All Roads 1 LS 77, 000. 00 77, 000. 00 Based on field count of:
35 Manholes EA, 12 Water Valves and One
Monument
1. 5 HMA Paving— 0. 25' AC Section put down on all 4, 010 TN 185. 00 $ 741, 850. 00 roads
1. 6 Shoulder Backing - Reverend Maurice Cotton 350 TN 80. 00 28, 000. 00 Drive, Avon Drive, Shilling Ave
TOTAL $ 990,600.50
Pricing is based on field visit and discussions with Ken Reed. Option # 2 paving includes paving grid on the following roads: Reverend Maurice Cotton Drive, Avon Drive, Shilling Ave. Prices are based on completing the work in the 2022 work season. If the City of lathrop decides to start in 2023, escalations may apply.
Pricing assumes unobstructed access and full work area is available to GRI. Standard M- F work week, day-time.
If weekend work is requested by the City, a $ 7, 000. 00 adder will be applied to Saturday shifts on top of item work to cover premiums on GRI crew and subcontractor work.
Respectfully,
e,ure i. Cuc¢ ten
209- 402- 5122 cell
PROPOSAL ACCEPTANCE:
Name Signature Company/ Title Date
2 Page
149
ATTACHMENT C — PROJECT LOCATION MAP
FY 22/ 23 ROAD REHABILITATItJN AND MAINTE IANCE
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150
ITEM 4. 10
CITY MANAGER' S REPORT
OCTOBER 10, 2022 CITY COUNCIL REGULAR MEETING
ITEM: ACCEPT PUBLIC IMPROVEMENTS FROM CFT NV
DEVELOPMENTS, LLC ASSOCIATED WITH EP NO.
2020- 15
RECOMMENDATION: Adopt Resolution Accepting Public Improvements from CFT NV Developments, LLC Associated with
Encroachment Permit No. 2020- 15
SUMMARY:
CFT NV Developments ( CFT), LLC, developer for Sonic and Dutch Brothers located at 15107 and 15135 Old Harlan Road, has completed the construction of the public improvements associated with Encroachment Permit ( EP) 2020- 15. The approximate value of the improvements proposed to be accepted is $ 705, 344. 45, as shown in the GASB 34 Report included as Attachment C". These improvements have been inspected by staff and have been deemed complete by the City Engineer. The developer has provided a one- year warranty bond based on 10% of the construction costs and a lien release for the improvements being accepted. After the initial oneyear warranty period, the costs to maintain these facilities will be funded by the City of Lathrop Council approved operating budget.
Staff recommends City Council accept the public improvements in accordance with City specifications associated with the EP No. 2020- 15.
BACKGROUND:
The City of Lathrop Planning Commission approved Site Plan Review 20- 6 ( SPR 20- 6) by Resolution 20- 6 on March 18t", 2020 for a Sonic Drive- In restaurant and Dutch Brothers located at 15107 and 15135 Old Harlan Road. A location exhibit is provided as Attachment " B". The Sonic Drive- In restaurant development consists of a 1, 608 sq. ft. building on a 0. 69- acre site, and the Dutch Bothers development consists of an 862 sq. ft. building on a 0. 49- acre site with drive- in and drive- through facilities for both.
The Conditions of Approval associated with SPR- 20- 6 required the installation of frontage improvements along Old Harlan Road, including paving, landscaping, fencing, lighting, curb, gutter, and sidewalk. On December 13, 2021, City Council accepted the Public Utility Easement ( PUE) dedication along the Sonic and Dutch Brothers frontage.
Construction of the frontage improvements are complete and the approximate value of the improvements proposed to be accepted is $ 705, 344. 45 as shown in the GASB 34 Report. These improvements have been inspected by staff and have been deemed complete by the City Engineer.
151
CITY MANAGER' S REPORT PAGE 2
OCTOBER 10, 2022, CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS FROM CFT NV DEVELOPMENTS, LLC ASSOCIATED WITH EP NO. 2020- 15
After the initial one- year warranty period, the operating and maintenance costs of these improvements will be funded by the Council approved operating budget.
CFT provided a performance bond ( Bond No. 2000013872) with EP 2020- 15 in the amount shown in Table 1 that guaranteed the construction of the offsite improvements. The bond will be released and replaced with the warranty bond by the City Engineer upon acceptance of the improvements.
Table 1
Description
Performance Bond Warranty Bond
Number & Amount Number & Amount
Encroachment Permit 2000013872 1800058
2020- 15 293, 251 70, 534
REASON FOR RECOMMENDATION:
Staff has inspected the offsite improvements for the Sonic and Dutch Brothers Development and confirmed that the improvements have been completed in accordance with City specifications and deemed complete by the City Engineer. CFT has submitted lien releases for the improvements being accepted. Staff has received the one- year warranty bond and as- built drawings for said improvements. Staff recommends Council accept the improvements.
FISCAL IMPACT:
The GASB 34 report attached details the $ 705, 345 expended on the improvements proposed to be accepted. The future operating and maintenance costs of these improvements will be funded by the Council approved operating budget.
The one- year 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.
ATTACH M ENTS:
A. Resolution Accepting Public Improvements from CFT NV Developments, LLC Associated with Encroachment Permit No. 2020- 15
B. Location Map - Sonic and Dutch Brothers - 15107 and 15135 Old Harlan Road
C. GASB 34 Report
152
CITY MANAGER' S REPORT PAGE 3
OCTOBER 10, 2022, CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS FROM CFT NV DEVELOPMENTS, LLC ASSOCIATED WITH EP NO. 2020- 15
APPROVALS:
1/ 2/ z2
Bellal Nabizadah Date
Assistant Engineer
9 Z iozZ
Brad ylor Date
City gineer
i
G aCari J Date
Fina ce ir ctor
I ' z I L ZZ
Michael Ki Date
Assistant City Manager
z_p , ` I
Salvador Navarrete Date
City Attorney
o• 5 22
St en J. Salvatore Date
City Manager
153
RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP ACCEPTING
PUBLIC IMPROVEMENTS FROM CFT NV DEVELOPMENTS, LLC ASSOCIATED WITH ENCROACHMENT PERMIT NO. 2020- 15
WHEREAS, the City of Lathrop Planning Commission approved Site Plan Review 20- 6 ( SPR 20- 6) by Resolution 20- 6 on March 18th, 2020 for a Sonic Drive- In Restaurant and Dutch Brothers located at 15107 and 15135 Old Harlan Road; and WHEREAS, the Sonic Drive- In restaurant development consists of a 1, 608 sq. ft. building on a 0. 69- acre site, and the Dutch Bothers development consists of an 862 sq. ft. building on a 0. 49- acre site with drive- in and drive-through facilities for both; and
WHEREAS, the Conditions of Approval associated with SPR- 20- 6 required CFT NV Development ( CFT), LLC to install frontage improvements along Old Harlan Road, including paving, landscaping, fencing, lighting, curb, gutter, and sidewalk; and WHEREAS, on December 13, 2021, City Council accepted the Public Utility Easement ( PUE) dedication for the Sonic and Dutch Brothers frontage; and WHEREAS, construction of the frontage improvements is complete and the approximate value of the improvements proposed to be accepted is $ 705, 344. 45 as shown in the GASB 34 Report, included as Attachment C" to the City Manager' s Report; and
WHEREAS, the future operating and maintenance costs of these improvements will be funded by the Council approved operating budget.; and WHEREAS, CFT has provided a one- year warranty bond to guarantee replacement and/ or repair of the improvements as a result of defective materials, equipment, or defective workmanship for a period of one year from the date of acceptance; and
WHEREAS, CFT provided a performance bond ( Bond No. 2000013872) to the City upon issuance of Encroachment Permit 2020- 15 in the amount shown in Table 1 that guaranteed the construction of the offsite improvements. The performance bond will be released and replaced with the warranty bond by the City Engineer upon acceptance of the improvements; and
Table 1
Description
Performance Bond Warranty Bond
Number & Amount Number & Amount
Encroachment Permit 2000013872 1800058
2020- 15 293, 251 70, 534
154
WHEREAS, City staff has inspected the offsite improvements for the Sonic and Dutch Brothers Development and confirmed that the improvements have been completed in accordance with City specifications and deemed complete in accordance with the specifications by the City Engineer; and
WHEREAS, CFT has submitted lien releases for the improvements proposed to be accepted. Staff has received the one- year warranty bond and as- built drawings for said improvements. Staff recommends Council accept the improvements.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby accept the public improvements from CFT NV Developments, LLC associated with Encroachment Permit No. 2020- 15.
155
The foregoing resolution was passed and adopted this lOth day of October 2022, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 156
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W FE MPROVEMENT OLD HARLAN ROAD OFFSITES
LOCATION EXH/ BIT CITY OF LATHROP, CA 95330
2280 Douglas 81vd, Suite 160, Roseville, CA 95661
Ph: 916- 772- 7800 www. cwecorp. com
157
ATTACHMENT
M ( v
City of Lathrop
Project Acceptance
GASB 34 Report)
Submitted By: CWE- RFE: Tony McCreary- Projed Manager Date: 09/ 21/ 2022 Project: Old Harlan Road/ West Lathrop Road Offsite Improvement Plans Address: 15135 Old Harlan Road
SOFT COSTS Unit Price Amount
1 PERMITTING FEES 44, 894. 50 $ 44,894. 50
Z ARCHITECURAL& CIVIL COST 121, 519. 23 $ 121, 519. 23
Subtotal: $ 166,413.73
Item Descriqtion Unit gty Unit Price Amount
A GRADING
1 Earthwork( cut and fill) CY 1, 005 5. 96 5, 985. 78
2 Export Material CY 1, 333 40. 72 54, 277. 09
3 Grading and Compaction SF 25, 000 0. 37 9, 345. 00
Subtotal: $ 69, 607. 87
B STREETWORK
1 Heavy Duty Asphalt( 6" AC/ 12" AB) SF 11, 244 8. 79 98, 812. 27 2 Slurry Seal SF 30, 640 1. 48 45, 285. 92
3 PCC Sidewalk( 6" PCC) WITH BASE SF 2, 550 10. 83 27, 616. 50 4 4" AB SF 6, 058 3. 29 19, 900. 53
5 Curb and Gutter( WITH BASE) LF 325 50. 94 16, 555. 50 6 Commercial Driveway Entrance( WITH BASE) EA 2 2, 197. 00 $ 4, 394. 00 7 Grind and Overlay LS 1 45, 462. 44 $ 45, 462. 44
Subtotal: $ 258, 027. 16
C SIGNING& STRIPING
1 Asphalt striping( ITEM# 2 SIGNS& ITEM# 3 MARKERS) LS 1 15, 032. 00 $ 15, 032. 00 2 Asphalt pavement markers SF 615 0. 00
3 Roadway Signs Interstate 5 Directional Signage EA 6 0. 00 Subtotal: $ 15, 032. 00
D STREETLIGHTING
1 Streetlighting LS 1 77, 905. 00 $ 77, 905. 00
Subtotal: $ 77, 905. 00
E MISCELLANEOUS
1 Erosion and Sediment Control Measures LS 1 10, 180. 03 $ 10, 180. 03 2 New Chainlink Fencing LF 10 3, 500. 00 $ 35, 000. 00
3 Relocate existing chainlink fencing LS 1 4, 300. 00 $ 4, 300. 00 4 Mobilization LS 1 4, 901. 00 $ 4, 901. 00
5 Traffic Control LS 1 29, 888. 00 $ 29, 888. 00
7 Demolition LS 1 34, 089. 65 $ 34, 089. 65
Subtotal: $ 118, 358. 68
3: . ..
r.
HARD COST TOTAL 538, 930J2
OVERALL TOTAL 705, 344. 45
158
ITEM 4. 11
CITY MANAGER' S REPORT
OCTOBER 10, 2022 CITY COUNCIL REGULAR MEETING
ITEM: CREATE CIP GG 23- 07 FOR PUBLIC TRANSIT
SERVICES, APPROVE MOU WITH RTD FOR A
COMMUNITY NEEDS PUBLIC TRANSIT AND
APPORTIONMENT STUDY, AND APPROVE BUDGET
AMENDMENT
RECOMMENDATION: Adopt Resolution Creating CIP GG 23- 07 for Public Transit Services, Approving a Memorandum of
Understanding with San ) oaquin Regional Transit
District for a Community Needs Public Transit and
Apportionment Study, and Approving Budget
Amendment
SUMMARY:
The San Joaquin Regional Transit District ( RTD) currently provides transit services within the City of Lathrop ( City) through the Intercity and San Joaquin County Deviated- Fixed Route service. As the City continues to grow, the need for public transportation increases. The proposed Capital Improvement Project ( CIP) GG 23- 07 for Public Transit Services ( Project) will establish the planning, development, and management of existing and future public transportation services from RTD.
In order to expand existing transit services within the City, a Community Needs Public Transit and Apportionment Study ( Assessment Study) will be needed to analyze existing and determine new service routes. RTD and the City will need to approve a Memorandum of Understanding ( MOU) ( Attachment B) that specifies the roles, responsibilities, and describes the cooperative efforts with required action items for the Assessment Study.
Funding for CIP GG 23- 07 will be provided from the Transportation Development Act TDA) that includes two funding components: Local Transportation Funds ( LTF) and State Transit Assistance Funds ( STA). LTF apportionments have been allocated for transit purposes only in the amount of $ 633, 527. A portion will be used towards the Assessment Study.
Staff is requesting Council approve the creation of CIP GG 23- 07 for Public Transit Services and an MOU between the City and RTD for implementation and management of an Assessment Study. Staff also requests Council approve a budget amendment to transfer $ 300, 000 to recognize the apportionments from LTF- TDA, initiate the Project, and fund the expenses for planning and developing of the Assessment Study. 159
CITY MANAGER' S REPORT PAGE 2
OCTOBER 10, 2022 CITY COUNCIL REGULAR MEETING
CREATE CIP GG 23- 07 FOR PUBLIC TRANSIT SERVICES, APPROVE MOU WITH
RTD FOR A COMMUNITY NEEDS PUBLIC TRANSIT AND APPORTIONMENT
STUDY, AND APPROVE BUDGET AMENDMENT
BACKGROUND:
The growth in housing and citywide developments increases the demand for the expansion of transit throughout the City. RTD currently provides transit services within the City through the Intercity and San Joaquin County Deviated- Fixed Route service, known as Hopper". The proposed CIP GG 23- 07 for Public Transit Services will establish planning, development, and management of existing and future public transportation services from RTD.
To expand these transit services within the City, a Community Needs Public Transit and Apportionment Study will be conducted to evaluate existing routes and determine new community areas to be served. The study will help determine the span of service, the number of routes and buses needed, cost of operations and capital to provide service, labor, and overhead. Community engagement and public participation will also be incorporated and assessed within the study.
The City has requested RTD to coordinate and manage the Assessment Study.
However, to initiate the study, RTD and the City will need to approve an MOU that will help recognize the roles, responsibilities and define the cooperative efforts and action items required from both agencies. The MOU will commence with the approval of both RTD and the City and will terminate at the completion of the Assessment Study. Subsequently, RTD and the City will establish a Long- Term Operating Agreement that will include all necessary information and actions for operating and managing the resulting RTD transit services within the City.
REASON FOR RECOMMENDATION:
Citywide public transportation provides residents with mobility and access to employment, community resources, medical facilities, and recreational opportunities.
An Assessment Study is necessary to expand the transit services provided by RTD within the City. To initiate the study, RTD and the City will need to approve an MOU that establishes the roles and responsibilities of both agencies.
Approving the creation of the CIP GG 23- 07 for Public Transit Services will allow staff to organize the planning, developing, and managing of existing and future transit services from RTD within the City.
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 300, 000 from the TDA- LTF Street & Roads Fund ( 2140) to the CIP Project Fund 3310) as follows:
160
CITY MANAGER' S REPORT PAGE 3
OCTOBER 10, 2022 CITY COUNCIL REGULAR MEETING
CREATE CIP GG 23- 07 FOR PUBLIC TRANSIT SERVICES, APPROVE MOU WITH
RTD FOR A COMMUNITY NEEDS PUBLIC TRANSIT AND APPORTIONMENT
STUDY, AND APPROVE BUDGET AMENDMENT
Increase Revenues
2120- 5013- 332- 0400 633, 527
Increase Transfer Out
2140- 9900- 990- 9010 300, 000
Increase Transfer In
3310- 9900- 393- 0000 GG 23- 07 300, 000
Increase A propriation
3310- 8000- 420- 1200 GG 23- 07 300, 000
ATTACH M ENTS:
A. Resolution Creating CIP GG 23- 07 for Public Transit Services, Approving a Memorandum of Understanding with San Joaquin Regional Transit District for a Community Needs Public Transit and Apportionment Study, and Approving Budget Amendment
B. Memorandum of Understanding ( MOU 23010- U) with RTD 161
CITY MANAGER' S REPORT PAGE 4
OCTOBER 10, 2022 CITY COUNCIL REGULAR MEETING
CREATE CIP 23- 07 FOR PUBLIC TRANSIT SERVICES, APPROVE MOU WITH
RTD FOR A COMMUNITY NEEDS PUBLIC TRANSIT AND APPORTIONMENT
STUDY, AND APPROVE BUDGET AMENDMENT
APPROVALS:
o`l 8' L.. Z
Ange Abarca Date
Assistant Engineer
9 i9/ z 2
Brad aylor Date
City Engineer
l 1-
Cari Ja Date
Finance D e tor
Z- ZoZZ
Michael King Date
Assistant City Ma ager
D ' 3 • - pZZ
Salvador Navarrete Date
City Attorney
6 • 5•ZZ
Stephen J. Salvatore Date
City Manager
162
RESOLUTION NO. 22 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP CREATING CIP GG 23- 07 FOR PUBLIC TRANSIT SERVICES, APPROVING A
MEMORANDUM OF UNDERSTANDING WITH SAN JOAQUIN REGIONAL
TRANSIT DISTRICT FOR A COMMUNITY NEEDS PUBLIC TRANSIT AND
APPORTIONMENT STUDY, AND APPROVING BUDGET AMENDMENT
WHEREAS, the San Joaquin Regional Transit District ( RTD) currently provides transit services within the City of Lathrop ( City) through the Intercity and San Joaquin County Deviated- Fixed Route service; and
WHEREAS, the proposed Capital Improvement Project ( CIP) GG 23- 07 for Public Transit Services ( Project) will establish the planning, development, and management of existing and future public transportation services from RTD; and WHEREAS, funding for CIP GG 23- 07 will be provided from the Transportation Development Act ( TDA) that includes two funding components:
Local Transportation Funds ( LTF) and State Transit Assistance Funds ( STA); and WHEREAS, LTF apportionments have been allocated for transit purposes only in the amount of $ 633, 527. A portion will be used towards the Assessment Study; and
WHEREAS, in order to expand existing transit services within the City, a Community Needs Public Transit and Apportionment Study ( Assessment Study) will be needed to analyze existing and determine new service routes; and WHEREAS, community engagement and public participation will also be incorporated and assessed within the study; and
WHEREAS, the study will help determine the span of service, the number of routes and buses needed, cost of operations and capital to provide service, labor, and overhead; and
WHEREAS, RTD and the City will need to approve a Memorandum of Understanding ( MOU) that will help recognize the roles, responsibilities and define the cooperative efforts and action items required from both agencies towards the Assessment Study; and
WHEREAS, the MOU will commence with the approval of both RTD and the City and will terminate at the completion of the Assessment Study; and WHEREAS, after completion of the Assessment Study, RTD and the City may establish a Long- Term Operating Agreement that will include all necessary information and actions needed for operating and managing the resulting RTD transit services within the City; and
163
WHEREAS, staff is requesting Council approve the creation of CIP GG 23- 07 for Public Transit Services and an MOU between the City and RTD for implementation and management of an Assessment Study; and WHEREAS, staff also requests Council approve a budget amendment to transfer $ 300, 000 to initiate the Project and recognize the apportionments from LTF- TDA towards public transit services; and
WHEREAS, staff requests City Council approve a related budget amendment to transfer $ 300, 000 from the TDA- LTF Street & Roads Fund ( 2140) to the CIP Project Fund ( 3310) as follows:
Increase Revenues
2120- 5013- 332- 0400 633, 527
Increase Transfer Out
2140- 9900- 990- 9010 300, 000
Increase Transfer In
3310- 9900- 393- 0000 GG 23- 07 300, 000
Increase A propriation
3310- 8000- 420- 1200 GG 23- 07 300, 000
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby creates Capital Improvement Project ( CIP) GG 23- 07 for Public Transit Services; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop approves the Memorandum of Understanding between the City and RTD for implementation and management of an Assessment Study; and BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop approve a budget amendment transferring $300, 000 from the LTF- TDA Street & Roads Fund ( 2140) to the CIP Project Fund ( 3310) as detailed above. 164
The foregoing resolution was passed and adopted this 10th day of October 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 165
ATT/ CHMENT
MEMORANDUM OF UNDERSTANDING
MOU 23010- U
This MEMORANDUM OF UNDERSTANDING ( MOU) is made and entered into at Stockton, California, as of 2022, by and between the SAN 70AQUIN REGIONAL TRANSIT DISTRICT ( RTD) and City of Lathrop ( Lathrop), a municipal corporation in San Joaquin County, ( collectively referred to as the Parties'.
WHEREAS, RTD is a transit district providing transportation services in the County of San Joaquin, State of California, pursuant to the San Joaquin Regional Transit District Act, set forth in the Public Utilities Code of the State of California, commencing with Section 50000, hereinafter referred to as the RTD Act"; and
WHEREAS, as a part of its own service, RTD operates both a fixed route and demand response transit service and has the experience and resources necessary to meet Lathrop' s transit operational needs; and
WHEREAS, Section 50185 of the RTD Act allows RTD to enter into contracts with any city, public agency or public utility operating transit facilities, either wholly or partially within or without RTD, for the establishment of through routes, joint fares, transfer of passengers or pooling arrangements; and
WHEREAS, Lathrop is located entirely within the boundaries of RTD, however is not an annexed member of RTD; and
WHEREAS, on October 3, 1983, Stockton Metropolitan Transit District( SMTD, predecessor to RTD) Board of Directors adopted Resolution No. 2602 committing SMTD's ( now RTD) services and resources to helping all public agencies and non- profit social service agencies provide efficient transportation services; and
WHEREAS, Lathrop has requested RTD to coordinate and manage a Community Needs Public Transit and Apportionment Study ( Assessment Study) to expand transit services within the City of Lathrop; and
WHEREAS, this MOU specifies roles, responsibilities, and describes the cooperative efforts and action items required from RTD and Lathrop towards the Assessment Study; and WHEREAS, Lathrop will provide funding towards planning, development, and management of the Assessment Study; and
WHEREAS, after completion of the Assessment Study, RTD and Lathrop may establish a Long- Term Operating Agreement that will include all necessary information and actions needed for operating and managing transit services in Lathrop.
MOU 23010- U 1
City of Lathrop
Assessment Study for Transit Services in City of Lathrop 166
NOW, THEREFORE, RTD and Lathrop agree to the following:
1. The term of this MOU shall commence on 2022 and extend for the entire period of the Assessment Study.
2. RTD will coordinate with Lathrop to implement and manage the Assessment Study to determine the existing transit needs in Lathrop, including the development of a scope of work for a Request for Proposals ( RFP), administering the RFP for Lathrop, retaining the services of a consultant, and administering the contract and all related work associated.
3. The Assessment Study will include, but is not limited to:
A. Determine routes and areas to be serviced.
B. Number of routes required.
C. Number of buses required.
D. Span of service.
E. Cost of Operations and Capital to provide service, labor, and overhead.
F. Required time commitment from Lathrop to RTD in establishing, delivering, and maintaining these services.
G. Community engagement and public participation.
4. Lathrop will assist in the selection of public participation venues and provide maps, planning documents, and other information deemed necessary to complete the Assessment Study.
5. After completion of the Assessment Study, RTD and Lathrop may establish a Long- Term Operating Agreement that will include all necessary information and actions needed for operating and managing transit services in Lathrop.
A. Operating costs include the provision of transit services and the administrative expenses to oversee them.
B. Capital costs could include vehicles, pertinent infrastructure ( bus stops, permitting, improvements), or other appropriate expenses agreed for transit service delivery.
6. Lathrop will provide funding to RTD towards planning, development, and management of the Assessment Study.
A. RTD will invoice Lathrop on a quarterly basis for partial payments associated with the Assessment Study.
MOU 23010- U 2
City of Lathrop
Assessment Study for Transit Services in City of Lathrop 167
B. Lathrop will have thirty (30) days to pay RTD upon receipt of the invoice.
7. This MOU shall terminate upon the occurrence of any of the following events:
A. The completion of the Assessment Study.
B. Failure of Lathrop to reimburse RTD in accordance with Paragraph 6.
C. Notwithstanding any other provision of this MOU, either Party hereto may terminate this MOU at any time with thirty ( 30) days prior written notice to the other party.
8. The following provisions shall apply to this MOU:
A. Notices
i. All communications regarding day-to-day performance of the Assessment Study will be exchanged between RTD' s Damaris Galvan at daalvanCa sjrtd. com or designee, and Lathrop' s Angel Abarca at aabarca@ci. lathrop. ca. us
ii. Notice informing Lathrop of RTD' s decision to exercise discretionary MOU options will be exchanged between the names set forth above. iii. All other notices and establishments deemed necessary by either party may be coordinated between duly authorized officers stated at the end of the MOU.
B. Entire Agreement of the Parties
This MOU supersedes any and all other verbal and written agreements between the parties hereto with respect to the subject matter of this MOU. Each party acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, and that no other agreement, statement, or promise not contained in this MOU shall be valid or binding.
Any modification to this MOU will require the approval of both parties through Amendments that will need to be notified thirty ( 30) days in advanced and signed by duly authorized officers.
MOU 23010- U 3
City of Lathrop
Assessment Study for Transit Services in City of Lathrop 168
C. PartialInvaliditv
If any provision in this MOU is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
D. Governing Law
This MOU will be governed by and construed in accordance with the laws of State of California.
E. No Partnership or Agencx
This MOU does not create a partnership or agency relationship between RTD and Lathrop. RTD does not have authority to enter into contracts on behalf of Lathrop without separate written approval from Lathrop.
F. Presumption
The parties acknowledge that this document is the product of mutual understanding and that in the event of a dispute to the meaning of this MOU, or any provision, there shall be no presumption against the drafter of the document or any provision herein.
G. Indemnification
i. Lathrop will defend, indemnify, and hold harmless RTD and its directors, officers, agents and employees against any and all claims, losses, suits, demands, and liens including attorneys' fees and costs, brought against RTD, its directors, officers, agents or employees, arising out of any of the following:
a. Any injury to persons or properry that may occur, or that may be alleged to have occurred, arising from a negligent act or omission or willful misconduct by Lathrop or its employees, subcontractors, consultants, subconsultants or agents in the performance of this MOU; or
b. Any allegation that materials or services provided by Lathrop under this Agreement infringe or violate any copyright, trademark, patent, trade secret, or any other intellectual- properry or proprietary right of any third party.
MOU 23010- U 4
City of Lathrop
Assessment Study for Transit Services in City of Lathrop 169
ii. Lathrop will defend or settle, at its own expense, any action, claim or suit against RTD for which it is responsible hereunder, and pay all charges of attorneys and all other costs and expenses of defense as they are incurred.
If any judgment is rendered against RTD or its directors, officers, agents or employees, its will, at its expense, satisfy and discharge the same. As a condition to any indemnity hereunder, RTD will notify Lathrop promptly of any claim for which RTD believes Lathrop is responsible hereunder.
SIGNATURES APPEAR ON THE NEXT PAGE
MOU 23010- U 5
City of Lathrop
Assessment Study for Transit Services in City of Lathrop 170
IN WITNESS WHEREOF, the parties hereto have executed this MOU by their duly authorized officers as of the day and year first above written.
San 7oaquin Regional Transit District City of Lathrop
421 E. Weber Avenue 390 Town Centre Drive
Stockton, CA 95202 Lathrop, CA 95330
Phone: ( 209) 943- 1111 Phone: ( 209) 941- 722
Email: rtd- procurement@sjrtd. com Email: citymanager@ci. lathro. ca. us By: BY
ALEX CLIFFORD STEPHEN J. SALVATORE
Chief Executive Officer City Manager
PROCUREMENT APPROVAL: ATfEST:
ROBERT KYLE TERESA VARGAS
Chief Financial OfFicer City Clerk
APPROVED AS TO FORM: APPROVED AS TO FO M:
AL WARREN HOSLETT SALVADOR NAVARREfE
Attorney for RTD Attorney for City of Lathrop
MOU 23010- U 6
City of Lathrop
Assessment Study for Transit Services in City of Lathrop 171
172
ITEM 4. 12
CITY MANAGER' S REPORT
OCTOBER 10, 2022 CITY COUNCIL REGULAR MEETING
ITEM: APPROVAL OF OUT- OF- STATE TRAVEL FOR FIVE
LATHROP POLICE DEPARTMENT SWAT OFFICERS TO
PARTICIPATE IN THE CALIFORNIA ASSOCIATION OF
TACTICAL OFFICERS ( CATO) ANNUAL TRAINING
CONFERENCE IN NOVEMBER 2022
RECOMMENDATION: Adopt Resolution Approving Out- of- State Travel for Five Lathrop Police Department SWAT Officers to
Participate in the California Association of Tactical
Officers ( CATO) Annual Training Conference in Reno,
Nevada from November 9, 2022 to November 12,
2022
SUMMARY:
On September 13, 2022, the City of Lathrop Police Department became a part of the Manteca, Ripon, and Lathrop Police Department Special Weapons and Tactics ( SWAT) Team. Historically, the Manteca and Ripon Regional SWAT team attends an annual conference with the California Association of Tactical Officers ( CATO) to train and educate law enforcement officers on tactical responses to critical incidents. As a new agency joining the team, it is important for our new SWAT officers to learn from subject matter experts in the tactical community that can provide real world knowledge and practical applications in their field.
The CATO Conference takes place annually and rotates between California and Nevada cities to host the event. This year, the conference will take place in Reno, Nevada. The cost for five SWAT officers to attend the CATO Conference is $ 7, 200.
There is sufficient funds in the Lathrop Police Department' s training budget to cover the cost of the training.
Staff recommends City Council approve the out- of- state travel for five SWAT officers to participate in the California Association of Tactical Officers ( CATO) Annual Training Conference in Reno, Nevada from November 9, 2022 to November 12, 2022.
BACKGROUND:
On ) une 29, 2022, the Lathrop Police Department took over law enforcement services from the San Joaquin Sheriff's OfFice for the City of Lathrop. As a new agency, Lathrop Police Department partnered with the City of Manteca and the City of Ripon to become a part of the regional SWAT Team. On September 13, 2022, the City of Lathrop Police Department became a part of the Manteca, Ripon, and Lathrop Police Department Special Weapons and Tactics ( SWAT) Team.
173
CITY MANAGER' S REPORT PAGE 2
OCTOBER 10, 2022 CITY COUNCIL REGULAR MEETING
APPROVAL OF OUT- OF- STATE TRAVEL FOR LATHROP POLICE DEPARTMENT STAFF TO PARTICIPATE IN THE RIMSCON CONFERENCE IN OCTOBER 2022 Each City agreed to join forces and pool resources to serve their communities to resolve critical incidents that may arise. The SWAT team, in a competitive process, identified five officers that would join the regional SWAT team to represent the City of Lathrop.
The SWAT team members from the City of Manteca and Ripon attend an annual conference with CATO to train and educate their law enforcement officers on tactical responses to critical incidents. The Manteca, Ripon, and Lathrop Police Department SWAT team recognizes that the presence of highly trained and skilled police tactical unit has been shown to reduce the risk of injury and loss of life to citizens, police officers, and suspects. CATO was founded on the belief that well- trained and welleducated law enforcement officers leads to safer communities.
Annual trainings like CATO provides resources and networking opportunities for our officers to hone their skills and gain knowledge that would allow them to serve the community of Lathrop in their specialized field. Participation in the conference is a chance to learn from subject matter experts who share their debriefs, tactics, and techniques that will enhance our officers tactical knowledge. Being part of the conference with the other regional SWAT members from Manteca and Ripon will also serve to bond the different agencies and help the cohesiveness of the SWAT team as our officers integrate themselves.
REASON FOR RECOMMENDATION:
As a new agency, it is important for our new SWAT officers to have the opportunity to learn from subject matter experts in the tactical community. California Association of Tactical Officers Conference will provide the training our SWAT officers need to gain real world knowledge, tactics, and techniques that they can use in our communities to resolve critical incidents that may arise.
Staff recommends City Council approve the out- of- state travel for five SWAT officers to participate in the CATO Annual Training Conference in Reno, Nevada from November 9, 2022 to November 12, 2022.
FISCAL IMPACT:
None. There is sufficient funds in the Lathrop Police Department budget to cover the cost of the training.
ATTACHMENTS:
A. Resolution Approving Out- of- State Travel for Five Lathrop Police Department SWAT Officers to Attend the California Association of Tactical Officers ( CATO) Annual Training Conference in Reno, Nevada from November 9, 2022 to November 12, 2022
174
CITY MANAGER' S REPORT PAGE 3
OCTOBER 10, 2022 CITY COUNCIL REGULAR MEETING
APPROVAL OF OUT- OF- STATE TRAVEL FOR LATHROP POLICE DEPARTMENT STAFF TO PARTICIPATE IN THE RIMSCON CONFERENCE IN OCTOBER 2022 APPROVALS:
v
y L Z
aymond Bechler Date
Chief of Poli
C . -
Cari Jam Date
Finance ' ector
1m • 5 - Z.ozL
Salvador Navarrete Date
City Attorney
8•• 22
Step en J. Salvatore Date
City Manager
175
RESOLUTION NO. 22 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP
APPROVING OUT- OF- STATE TRAVEL FOR FIVE LATHROP POLICE
DEPARTMENT SWAT OFFICERS TO PARTICIPATE IN THE CALIFORNIA
ASSOCIATION OF TACTICAL OFFICERS ( CATO) ANNUAL TRAINING CONFERENCE IN RENO, NEVADA FROM NOVEMBER 9, 2022 TO NOVEMBER 12, 2022
WHEREAS, on ] une 29, 2022, the Lathrop Police Department took over law enforcement services from the San Joaquin Sheriff' s Office for the City of Lathrop; and
WHEREAS, on September 13, 2022, the City of Lathrop Police Department became a part of the Manteca, Ripon, and Lathrop Police Department Special Weapons and Tactics ( SWAT) Team; and
WHEREAS, each City agreed to join forces and pool resources to serve their communities to resolve critical incidents that may arise. The SWAT team, in a competitive process, identified five ofFicers that would join the regional SWAT team to represent the City of Lathrop; and
WHEREAS, the SWAT Team recognizes that the presence of highly trained and skilled police tactical unit has been shown to reduce the risk of injury and loss of life to citizens, police officers, and suspects; and
WHEREAS, the California Association of Tactical Officers ( CATO) was founded on the belief that well- trained and well- educated law enforcement officers leads to safer communities; and
WHEREAS, as a new agency joining the team, it is important for our new SWAT officers to learn from subject matter experts in the tactical community that can provide real world knowledge and practical applications in their field; and WHEREAS, participation in the conference with the other regional SWAT members from Manteca and Ripon will also serve to bond the different agencies and help the cohesiveness of the SWAT team as our officers integrate themselves; and WHEREAS, the cost for five SWAT officers to attend the CATO Conference is 7, 200, and there is sufficient funds in the Lathrop Police Department' s training budget to cover the cost of the training.
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve the out- of- state travel for five SWAT officers to participate in the California Association of Tactical Officers ( CATO) Annual Training Conference in Reno, Nevada from November 9, 2022 to November 12, 2022. 176
The foregoing resolution was passed and adopted this lOth day of October 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 177
178
CITY MANAGER' S REPORT
ITEM 4. 13
OCTOBER 10, 2022 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE AMENDMENTS TO EMPLOYER- EMPLOYEE
ORGANIZATION RELATIONS RESOLUTION AND
APPROVE SERVICE EMPLOYEES INTERNATIONAL
UNION LOCAL 1021 SIDE LETTER
RECOMMENDATION: Adopt Resolution to Approve Amendments to the Employer- Employee Organization Relations
Resolution and Approve Service Employees
International Union Local 1021 Side Letter
SUMMARY:
The City' s current Employer- Employee Relations Resolution ( EERR) ( Attachment A) details the City' s processes for establishing appropriate bargaining units and formally recognizing exclusive bargaining representatives. In review of the City' s current protocols, updates have been identified and amendments are proposed ( Attachment B).
The City has met and consulted with the Service Employees International Union Local 1021 ( SEIU) and the Lathrop Mid- Managers and Confidential Employees Association LMCEA) regarding the EERR. Both representative organizations support the proposed updates to the EERR. The City has met and conferred with the SEIU, regarding Side Letter agreement No. 1 ( Attachment C) to the current Memorandum of Understanding ( MOU). Staff is requesting an amendment, by way of a side letter, to the SEIU MOU to incorporate agreed upon language change related to bi- lingual pay and the incorporation of language to provide an incentive for special class driver' s licenses.
BACKGROUND:
EERR:
The current EERR, resolution 91- 152, was adopted by City of Lathrop City Council in 1991 to provide orderly procedures for the administration of employer- employee relations between the City and its employee organizations. The updated EERR is intended to strengthen civil service and other methods of administering employeremployee relations through the establishment of uniform and orderly methods of communications between employees, employee organizations and the City.
SEIU MOU Side Letter:
Effective July 1, 2022, a new four year Memorandum of Understanding between the City of Lathrop and Service Employees International Union Local 1021 commenced.
Section 4. 4 ( d) of the SEIU MOU requires Council action if more than 5 employees receive bilingual pay. The Department Head must establish there is a need for the language and that there is a benefit to the City for the employee to provide translation services. Additionally, the employees must demonstrate proficiency of their skills in a language other than English through a certification process. Staff is requesting to remove the language requiring Council action for more than five employees. This will minimize the need to continually bring this item to Council for approval. 179
CITY MANAGER' S REPORT PAGE 2
OCTOBER 10, 2022 CITY COUNCIL REGULAR MEETING
APPROVE AMENDMENTS TO EMPLOYER- EMPLOYEE ORGANIZATION RELATIONS
RESOLUTION AND APPROVING SERVICE EMPLOYEES INTERNATIONAL UNION
LOCAL SIDE LETTER
The Utility Operator classifications have a need to obtain and maintain a Class B License in order to drive specialized equipment to assist with the function of their position, but it is not necessary that all operators have this license. For those that take on the additional responsibility of obtaining and maintaining a Special Class Driver' s License, the Side Letter Agreement will allow us to provide special compensation of 5% to these employees.
REASON FOR RECOMMENDATION:
In 2019, changes were made to the State of California Government Code section 3500, removing procedures that were previously required. Removal of the requirement of an election procedure, which calls for a secret ballot election has been removed in the recommended amendments to the City of Lathrop' s EERR. Additional incorporated edits include adding language which reflects that Peace Officers have the right to be represented in separate units composed solely of such peace officers, adding procedures for processing severance requests, adding language required under Government Code 3502. 5 ( f) and updating impasse procedures to reflect Government Code 3541. 3( d).
On June 28, 2022, the Lathrop Police Department started full operations. The addition of the Police Department significantly increased our employee population and created many new positions. Many of the new positions are forward facing to the public. In an effort to better serve our diverse community, staff is recommending the removal of the language requiring Council action if more than ( 5) employees in SEIU receive bi- lingual pay. This will promote efficiency with the process to allow additional certified staff who are deemed eligible to receive bi- lingual pay of $ 60. 00 a month when a need is identified.
The special compensation pay for a Special Class Driver's License recognizes the effort of those staff who take on the additional responsibility of obtaining and maintaining their Class B License.
180
CITY MANAGER' S REPORT PAGE 3
OCTOBER 10, 2022 CITY COUNCIL REGULAR MEETING
APPROVE AMENDMENTS TO EMPLOYER- EMPLOYEE ORGANIZATION RELATIONS
RESOLUTION AND APPROVING SERVICE EMPLOYEES INTERNATIONAL UNION
LOCAL SIDE LETTER
FISCAL IMPACT:
There is no fiscal impact to the proposed EERR amendments.
The fiscal impact to increase the number of eligible employees' special compensation of $ 60 per month for bi- lingual pay is an annual increase of $ 3, 600.
The fiscal impact to add the special compensation of class B licenses to eligible employees is an annual increase of $ 15, 857
ATTACH M ENTS:
A. EERR Resolution 91- 152
B. Resolution approving the amendment to the Employer- Employee Organization Relations Resolution
C. Side Letter Agreement No. 1 with SEIU
D. Resolution approving the Service Employees International Union Local 1021, MOU side letter
181
CITY MANAGER' S REPORT PAGE 4
OCTOBER 10, 2022 CITY COUNCIL REGULAR MEETING
APPROVE AMENDMENTS TO EMPLOYER- EMPLOYEE ORGANIZATION RELATIONS
RESOLUTION AND APPROVING SERVICE EMPLOYEES INTERNATIONAL UNION
LOCAL SIDE LETTER
APPROVALS:
The sa Roland Date
ire or of Human Resources
iD//-
Cari Date
Directo o Finance
o- ` y - 2 Z
Salvador Navarrete Date
City Attorney
S -Z?
ephen J. Salvatore Date
City Manager
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ATTACHMENT A
RESOLUTION N0. 91- 152
EMPLOYER- EMPLOYEE ORGANIZATION RELATIONS RESOLUTIONS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LATHROP Article I -- General Provisions
Sec. 1. Statement of Purpose.
This Resolution implements Chapter 10, Division 4, Title 1 of the Government Code of the State of California ( Sections 3500 et seq. ) captioned " Local Public Employee Organizations, " by providing orderly procedures for the adminiatration of employeremployee relations between the City and its employee organizations. However, nothing contained herein shall be deemed to supersede the provisions of State law, City ordinances, resolutions and rules which establish and requlate the personnel system, or which provide for other methods of administering employer- employee relations. This Resolution is intended, instead, to strenqthen the personnel system and other methods of administering employer- employee relations through the
establishment of uniform and orderly methods of communications between employees, employee organizations and the City.
It is the purpose of this Resolution to provide procedures for meeting and conferring in good faith with Recognized Employee Orqanizations reqarding matters that directly affect and primarily involve the waqes, hours and other terms and conditions of employment of employees in appropriate units and that are not preempted by Federal or State Law. However, nothing herein shall be construed to restrict any legal or inherent exclusive City rights with respect to matters of general legislative or managerial policy, which include among others : The exclusive right to determine the mission of its constituent departments, commissions and boards; set standards of service; determine the procedures and standards of selection for employment; direct its employees; take disciplinary action; relieve its employees fsom duty because of lack of work or for other lawful reasons; maintain the efficiency of governmental operations; determine the methods, means and personnel by which government operations are to be conducted; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its orqanization and the technology of performing its work.
Sec. 2 . Definitions.
As used in this Resolution, the following terms shall have the meanings indicated:
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a. " Appropriate Unit" means a unit of employee classes or positions, established pursuant to Article II hereof. b. " City" means the City of Lathrop, and, where
appropriate herein, refers to the City Council or any duly authorized City representative as herein defined.
c. " Confidential Employee" means an employee who, in
the course of his or her duties, has access to confidential information relating to the City' s administration of employeremployee relations. d. " Consult/ Consultation in Good Fa3th" means to
communicate orally or in writinq for the purpose of presenting and obtaining views or advising of intended actions; and, as distinguished from meeting and conferring in good faith regardinq matters within the required scope of such meet and confer process, does not involve an exchange of proposals and
counterproposals with an exclusively recognized employee organization in an endeavor to reach aqreement in the form of a Memorandum of Understanding, nor is it subject to Article IV hereof.
e. " Day" means calendar day unless expressly stated
otherwise.
f. "Employee Relations Officer" means the City Manaqer
or his duly authorized representative.
g. " Impasse" means that the representatives of the
City and a Recognized Employee Organization have reached a point in their meeting and conferrinq in good faith where their differences or matters to be included in a Memorandum of Understanding, and concerning which they are required to meet and confer, remain so substantial and prolonqed that further meeting and conferring would be futile.
h. " Management Employee" means an employee having
responsibility for formulating, administering or managing the implementation of City policies and programs.
i . "Proof of Employee Support" means ( 1) an
authorization card recently signed and personally dated by an employee, or ( 2) a verified authorization petition or petitions recently signed and personally dated by an employee, or ( 3} employee dues deduction authorization, using the payroll register for the period immediately prior to the date a petition is filed hereunder, except that dues deduction authorizations for more than one employee organization for the account of any one employee shall not be considered as proof of employee support for any employee organization. The only authorization which shall be considered as proof of employee support hereunder shall be the 2 184
authorization last signed by an employee. The words " recently signed" shall mean within one hundred eighty ( 180) days prior to the filing of a petition.
j . "Exclusively Recoqnized Employee Organization"
means an employee organization which has been formally
acknowledged by the City as the sole employee orqanization representing the employees in an appropriate representation unit pursuant to Article II hereof, having the exclusive right to meet and confer in good faith concerning statutorily required subjects pertaining to unit employees, and thereby assuming the
corresponding obligation of fairly representing such employees. k. " Supervisory Employee" means any employee having
authority, in the interest of the City, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibly to direct them, or to adjust their grievances, or effectively to recommend such action if, in connection with the foregoinq, the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment.
Article II -- ReDresentation Proceedinas
Sec. 3. Filina of Recognition Petition bv Emaloyee
Orqanization.
An employee organization that seeks to be formally
acknowledged as the Exclusively Recognized Employee Organization representing the employees in an appropriate unit shall file a petition with the Employee Relations Officer containing the following information and documentation:
a. Name and address of the employe organization.
b. Names and titles of its officers.
c. Names of employee organization representatives who
are authorized to speak on behalf of the orqanization.
d. A statement that the employee organization has, as
one of its primary purposes, the responsibility of representing employees in their employment relations with the City.
e. A statement whether the employee orqanization is a
chapter of, or affiliated directly or indirectly in any manner, with a local, regional, state, national or international orqanization, and, if so, the name and address of each such other organization.
f. Certified copies of the employee orqanization' s
constitution and bylaws.
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g. A designation of those persons, not exceeding two
in number, and their addresses, to whom notice sent by regular United States mail will be deemed sufficient notice on the employee organization for any purpose.
h. A statement that the employee organization has no
restriction on membership based on race, color, creed, sex, national origin, age, or physical disability.
i. The job classifications or position titles of
employees in the unit claimed to be appropriate and the approximate number of inember employees therein.
j . A statement that the employee orqanization has in
its possession proof of employee support as herein defined to establish that a majority of the employees in the unit claimed to be appropriate have designated the employee orqanization to represent them in their employment relations with the City. Such written proof shall be submitted for confirmation to the Employee Relations Officer or to a mutually agreed upon disinterested third party.
k. A request that the Employee Relations Officer
formally acknowledges the petitioner as the Exclusively Recoqnized Employee Organization representing the employees in the unit claimed to be appropriate for the purpose of ineeting and conferring in good faith.
The Petition, including the proof of employee support and all accompanying documentation, shall be declared to be true, correct and complete, under penalty of perjury, by the duly authorized officer(s) of the employee organization executinq it.
Sec. 4 . Citv Res onse to Recognition Petition
Upon receipt of the Petition, the Employee Relations Officer shall determine whether:
a. There has been compliance with the requirements of
the Recognition Petition, and
b. The proposed representation unit is an appropriate
unit in accordance with Sec. 8 of this Article II .
If an affirmative determination is made by the Employee Relations Officer on the foreqoing two matters, he shall so inform the petitioninq employee orqanization, shall give written notice of such request for recognition to the employees in the unit and shall take no action on said request for thirty (30) days thereafter. If either of the foregoing matters are not affirmatively determined, the Employee Relations Officer shall offer to consult thereon with such petitioning employee 4 186
organization and, if such determination thereafter remains unchanged, shall inform that organization of the reasons therefore in writing. The petitioning employee organization may appeal such determination in accordance with Sec. 10 of this Resolution.
Sec. 5. Open Period for Filinq Challenginq Petition.
Within thirty (30) days of the date written notice was given to affected employees that a valid recognition petition for an appropriate unit has been filed, any other employee organization may file a competinq request to be formally acknowledged as the exclusively recognized employee orqanization of the employees in the same or in an overlapping unit ( one which corresponds with respect to some but not all the classifications or positions set forth in the recognition petition being challenqedj , by filinq a petition evidencing proof of employee support in the unit claimed to be appropriate of at least thirty ( 30) percent and otherwise in the same form and manner as set forth in Sec. 3 of this Article II . If such challenqing petition seeks establishment of an overlapping unit, the Employee Relations Officer shall call for a hearing on such overlapping petitions for the purpose of ascertaining the more appropriate unit, at which time the petitioning employee organizations shall be heard. Thereafter, the Employee Relations Officer shall determine the appropriate unit or units in accordance with the standards in Sec. 8 of this Article II . The petitioning employee organizations shall have fifteen ( 15) days from the date notice of such unit determination is communicated to them by the Employee Relations Officer to amend their petitions to conform to such determination or to appeal such determination pursuant to Sec. 10 of this Article II.
Sec. 6 . Election Procedure.
The Employee Relations Officer shall arrange for a secret ballot election to be conducted by the City Clerk in accordance with its rules and procedures subject to the provisions of this Resolution. All employee organizations who have fully submitted petitions which have been determined to be in conformance with this Article II shall be included on the ballot. The ballot shall also reserve to employees the choice of representing themselves individually in their employment relations with the City. Employees entitled to vote in such election shall be those persons employed in regular permanent positions within the designated appropriate unit who were employed during the pay period immediately prior to the date which ended at least fifteen 15) days before the date the election commences, includinq those who did not work during such period because of illness, vacation or other authorized leaves of absence, and who are employed by the City in the same unit on the same date of the election. An employee organization shall be formally acknowledged as the Exclusively Recognized Employee Organization for the designated 5 187
appropriate unit following an election or run- off election if it received a numerical majority of all valid votes cast in the election. In an election involving three or more choices, where none or the choices receives a majority of the valid votes cast, a run- off election shall be conducted between the two choices receiving the largest number of valid votes cast; the rules governing an initial election being applicable to a run- off election.
There shall be more than one valid election under this
Resolution pursuant to any petitfon in a 12- month period affecting the same unit.
In the event that the parties are unable to agree on a third party to conduct an election, the election shall be conducted by the State Conciliation Service.
Costs of conducting elections shall be borne in equal shares by the City and by each employee organization appearinq on the ballot.
Sec. 7 . Procedure for Decertification of Exclusivelv
Recoqnized Emplovee Oraanization.
A Decertification Petftion alleginq that the incumbent
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Exclusively Recognized Employee Organization no longer represents a majority of the employees in an established appropriate unit may be filed with the Employee Relations Officer only during the month of March of any year following the first full year of recoqnition or during the thirty (30) day period commencing one hundred twenty ( 120) days prior to the termination date of a Memorandum of Understanding then having been in effect less than three ( 3) years, whichever occurs later. A Decertification Petition may be filed by two or more employees or their representative, or an employee organization, and shall contain the following information and documentation declared by the duly authorized signatory under penalty of perjury to be true, correct and complete:
a. The name, address and telephone number of the
petitioner and a designated representative authorized to receive notices or requests for further information.
b. The name of the established appropriate unit and of
the incumbent Exclusively Recognized Employee Organization sought to be decertified as the representative of that unit.
c. An allegation that the incumbent Exclusively
Recognized Employee Orqanization no longer represents a majority of the employees in the appropriate unit, and any other relevant and material facts relating thereto.
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d. Proof of employee support that at least thirty ( 30) percent of the employees in the established appropriate unit no longer desire to be represented by the incumbent Exclusively Recoqnized Employee Orqanization. Such proof shall be submitted for confirmation to the Employee Relations Officer or to a mutually agreed upon disinterested third party within the time limits specified in the first paragraph of this Section.
An employee organization may, in satisfaction of the
Decertification Petition requirements hereunder, file a Petition under this section in the form of a Recognition Petition that evidences proof of employee support of at least thirty (30) percent that includes the alleqation and information required under paragraph ( c. ) of this Section 7, and otherwise conforms to the requirements of Section 3 of this Article.
The Employee Relations Officer shall initially determine whether the Petition has been filed in compliance with the applicable provisions of this Article II . If his determination is in the negative, he shall offer to consult thereon with the representative( s) of such petitioning employees or employee organization and, if such determination thereafter remains unchanged, shall return such Petition to the employees or employee organization with a statement of the reasons therefor in writing. The petitioning employees or employee organization may appeal such determination in accordance with Sec. 10 of this Article II . If the determination of the Employee Relations Officer is in the affirmative, or if his negative determination is reversed on appeal, he shall give written notice of such Decertification or Recognition Petition to the incumbent Exclusively Recognized Employee Organization and to unit employees.
The Employee Relations Officer shall thereupon arrange for a secret ballot election to be held on or about fifteen ( 15) days after such notice to determine the wishes of unit employees as to the question of decertification and, if a Recognition Petition was duly filed hereunder, the question of representation. Such election shall be conducted in conformance with Sec. 6 of this Article II .
During the " open period" specified in the first paraqraph of this Sec. 7, the Employee Relations Officer may on his/ her own motion, when he/ she has reason to believe that a majority of unit employees no longer wish to be represented by the incumbent Exclusively Recognized Employee Organization, give notice to that organization and all unit employees that he/ she will arrange for an election to determine that issue. In such event any other employee organization may within fifteen ( 15) days of such notice file a Recognition Petition in accordance with this Sec. 7, which the Employee Relations Officer shall act on in accordance with this Sec. 7 .
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If, pursuant to this Sec. 7, a different employee
organization is formally acknowledged as the Exclusively Recognized Employee Organization, such organization shall be bound by all the terms and conditions of any Memorandum of Understanding then in effect for its remaining term.
Sec. 8. Policv and Standards for Determination of
Aparopriate Units.
The policy objectives in determininq the appropriateness of units shall be the effect of a proposed unit on ( 1) the efficient operations of the City and its compatibility with the primary responsibility of the City and its employees to effectively and economically serve the public, and ( 2) providing employees with effective representation based on recognized community of interest considerations. These policy objectives require that the appropriate unit shall be the broadest feasible grouping of positions that share an identifiable community of interest.
Factors to be considered shall be:
a. Similarity of the general kinds of work performed,
types of qualifications required, and the qeneral working conditions.
b. History of representation in the City and similar
employment; except however, that no unit shall be deemed to be an appropriate unit solely on the basis of the extent to which employees in the proposed unit have organized.
c. Consistency with the orqanizational patterns of the
City.
d. Number of employees and classifications, and the
effect on the administration of employer- employee relations created by the fragmentation of classifications and proliferation of units.
e. Effect on the classification structure and impact
on the stability of the employer- employee relationship of dividing a single or related classification amonq two or more units .
Notwithstanding the foregoing provisions of this Section, managerial, supervisory and confidential responsibilities, as defined in Sec. 2 of this Resolution, are determining factors in establishing appropriate units hereunder, and therefore managerial, supervisory and confidential employees may only be included in a unit consisting solely of managerial, supervisory or confidential employees respectively. Manaqerial, supervisory and confidential employees may not represent any employee organization which represents other employees.
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The Employee Relations Officer shall, after notice to and consultation with affected employee organizations, allocate new classifications or positions, delete eliminated classifications or positions, and retain, reallocate or delete modified classifications or positions from units in accordance with the provisions of this Section.
Sec 9 . Procedure for Modification of Established
Appronriate Units.
Requests by employee organizations for modifications of established appropriate units may be considered by the Employee Relations Officer only durinq the period specified in Sec. 7 of this Article II . Such requests shall be submitted in the form of a Recognition Petition and, in addition to the requirements set forth in Sec. 3 of this Article, shall contain a complete statement of all relevant facts and citations in support of the proposed modified unit in terms of the policies and standards set forth in Sec. 8 hereof. The Employee Relations Officer shall process such petitions as other Recognition Petitions under this Article II.
The Employee Relations Officer may on his/ her own motion propose during the period specified in Sec. 7 of this Article that an established unit be modified. The Employee Relations Officer shall give written notice of the proposed modification( s) to any affected employee organization and shall hold a meeting concerning the proposed modification( s) , at which time all affected employee organizations shall be heard. Thereafter the Employee Relations Officer shall determine the composition of the appropriate unit or units in accordance with Sec. 8 of this Article II, and shall qive written notice of such determination to the affected employee organizations. The Employee Relations Officer' s determination may be appealed as provided in Section 10 of this Article. If a unit is modified pursuant to the motion of the Employee Relations Officer hereunder, employee organizations may thereafter file Recognition Petitions seeking to become the Exclusively Recognized Employee Orqanization for such new appropriate unit or units pursuant to Sec. 3 hereof.
Sec. 10. Apneals.
An employee orqanization agqrieved by an appropriate unit determination of the Employee Relations Officer under this Article II may, within ten ( 10) days of notice thereof, request the intervention of the California State Conciliation Service pursuant to Government Code Sections 3507. 1 and 3507 . 3, or may, in lieu thereof or thereafter appeal such determination to the City Council for final decision within fifteen ( 15) days of notice of the Employee Relations Officer' s determination or the termination of proceedinqs pursuant to Government Code Sections 3507. 1 and 3507 . 3, whichever is later.
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An employee organization aggrieved by a determination of the Employee Relations Officer that a Recoqnition Petition ( Sec. 3) ; Challenging Petition ( Sec. 5) or Decertification of Recognition Petition ( Sec. 7) -- or employees aggrieved by a determination of the Employee Relations Officer that a Decertification Petition Sec. 7) -- has not been filed in compliance with the applicable provisions of this Article may, within fifteen ( 15) days of notice of such determination, appeal the determination to the City Council for final decision.
Appeala to the City Council shall be filed in writing with the City Clerk, and a copy thereof served on the Employee Relations Officer. The City Council shall commence to consider the matter within thirty ( 30) days of the filing of the appeal.
The City Council may, in its discretion, refer the dispute to a third party hearing process. Any decision of the City Council on the use of such procedure, and/ or any decision of the City Council determining the substance of the dispute shall be final and binding.
Article III -- Administration
Sec. 11. Submission of Current Information bv RecoQnized Emplovee Organizations .
All changes in the information filed with the City by an Exclusively Recognized Employee Organization under items ( a. ) through ( h. ) of its Recognition Petition under Sec. 3 of this Resolution shall be submitted in writing to the Employee Relations Officer within fourteen ( 14) days of such change.
Sec. 12 . Pavroll Deductions on Behalf of Em lovee
Organizations.
Upon formal acknowledgment by the City of an Exclusively Recognized Employee Organization under this Resolution, only such Recognized Employee Organization may be provided payroll deductions of inembership dues and insurance premiums for plans sponsored by such organization upon the written authorization of employees in the unit represented by the Exclusively Recognized Employee organization on forms provided therefor by the City.
The providing of such service to the Exclusively Recognized Employee Organization by the City shall be contingent upon and in accordance with the provisions of Memoranda of Understanding and/ or applicable administrative procedures.
Sec. 13. Emplovee Organization Activities -- Use of Citv Resources .
Access to City work locations and the use of City paid time, facilities, equipment and other resources by employee
organizations and those representing them shall be authorized 10 192
1 only to the extent provided for in Memoranda of Understanding and/ or administrative procedures, shall be limited to lawful activities consistent with the provisions of this Resolution that pertain directly to the employer- employee relationship and not such internal employee organization business as soliciting membership, campaigning for office, and organization meetinqs and elections, and shall not interfere with the efficiency, safety and security of City operations.
Sec. 14 . Administrative Rules and Procedures.
The City Manager is hereby authorized to establish such rules and procedures as appropriate to implement and administer the provisions of this Resolution after consultation with affected employee organizations.
Article IV -- Im asse Procedures
Sec. 15 . Initiation of Impasse Procedures
If the meet and confer process has reached impasse as
defined in this Resolution, either party may initiate the impasse procedures by filinq with the other party a written request for an impasse meetinq, together with a statement of its position on all issues. An impasse meeting shall then be scheduled promptly 1 by the Employee Relations Officer. The purpose of such meetinq shall be:
a. To review the position of the parties in a final
effort to reach agreement on a Memorandum of Understanding; and b. If the impasse is not resolved, to discuss
arrangements for the utilization of the impasse procedures provided herein.
Sec. 16. Impasse Procedures
Impasse procedures are as follows:
a. If the parties agree to submit the dispute to
mediation, and agree on the selection of a mediator, the dispute shall be submitted to mediation. All mediation proceedinqs shall be private. The mediator shall make no public recommendation, nor take any public position at any time concerning the issues. b. If the parties fail to agree to submit the dispute
to mediation or fail to aqree on the selection of a mediator, or fail to resolve the dispute through mediation within fifteen ( 15) days after the mediator commenced meetinq with the parties, the parties may agree to submit the impasse to fact- finding. c. If the parties agree on fact- finding, they may
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agree on the appointment of one or more fact- finders. If they fail to so agree on one or more fact- finders, a fact- findinq panel of three ( 3) shall be appointed in the following manner:
One member of the panel shall be appointed by the Employee Relations Officer, one member shall be appointed by the Exclusively Recognized Employee Organization, and those two shall name a third, who shall be the chairperson. If they are unable to agree upon a third, they shall select by agreement the third member from one or more lists of seven ( 7) names of individuals having fact- finding experience in the municipal sector to be provided by the State Conciliation Service.
The following constitute the jurisdictional and procedural requirement for fact- findinq:
1) The fact- finders shall consider and be guided by
applicable Federal and State laws ( and Charter provisions) . 2) Subject to the stipulations of the parties, the factfinders shall determine and apply the following measures and criteria in arriving at their findings and recommendations:
a) First, as relevant to the issues in dispute, the
fact- finders shall compare the total compensation, hours and conditions of employment of the employees involved in the factfinding proceeding with the total compensation, hours and conditions of employment of other employees performing similar services in public and private employment in the same and comparable communities . "Total compensation" shall mean all wage compensation, including but not limited to premium, incentive, minimum, standby, out- of- class and deferred pay; all paid leave time; all allowances, including but not limited to educational and uniform benefits; and employer payments for all health, welfare and pension benefits.
b) The fact- finders shall then adjust the results of
the above comparisons based on the following factors:
i) The compensation necessary to recruit and
retain qualified personnel.
ii) Maintaining compensation relationships
between job classifications and positions within the City. iii) The pattern of change that has occurred in
the total compensation of the employees in the unit at impasse as compared to the pattern of change in the average " consumer price index" for goods and services, and the pattern of change in waqes and compensation of other wage earners.
c) The fact- finder( s) shall then determine
preliminary recommendations based on the comparisons as adjusted 12 194
above which, however, shall be reduced as appropriate based on the financial resources of the City to implement them. In assessinq the City' s financial resources, the fact- finder( s) shall be bound by the followinq:
i) Other legislatively determined and projected
demands on agency resources, i. e. , budgetary priorities as established by the governing body; and
ii) Allowance for equitable compensation
increases for other employees and employee groups for the corresponding fiscal period( s) ; and
iii) Revenue projections not to exceed currently
authorized tax and fee rates for the relevant fiscal year( s) ; and iv) Assurance of sufficient and sound budgetary
reserves; and
v) Constitutional, statutory ( and charter)
limitations on the level and use of revenues and expenditures. 3) The fact- finder( s) shall make written findinqs of fact and recommendations for the resolution of the issues in dispute, which shall be presented in terms of the criteria, adjustments, and limitations specified above. Any member of a fact- finding panel shall be accorded the right to file dissenting written findings of fact and recommendations. The fact- finder or chairperson of the fact- findinq panel shall serve such findinqs and recommendations on the Employee Relations Officer and the designated representative of the Exclusively Recognized Employee Organization. If these parties have not resolved the impasse within ten ( 10) days after service of the findinqs and recommendations upon them, the fact- finder or the chairperson of the fact- finding panel shall make them public by submitting them to the City Clerk for consideration by the City Council in connection with the Council ' s legislative consideration of the impasse.
If the parties did not agree on mediation or the selection of a mediator and did not agree on fact- findinq, or having so aqreed, the impasse has not been resolved, the City Council may take such action regarding the impasse as it in its discretion deems appropriate as in the public interest. Any legislative action by the City Council on the impasse shall be final and binding.
Sec. 17. Costs of Im asse Procedures.
The costs for the services of a mediator and fact- finder or chairperson of a fact- finding panel utilized by the parties, and r other mutually incurred costs of inedication and fact- finding, 13 195
shall be borne equally by the City and Exclusively Recoqnized Employee Organization. The cost for a fact- finding panel member selected by each party, and other separately incurred costs, shall be borne by such party.
Article V -- Miscellaneous Provisions
Sec. 18. Construction.
This Resolution shall be administered and construed as
follows :
a) Nothinq in this Resolution ahall be construed to
deny to any person, employee, organization, the City, or any authorized officer, body or other representative of the City, the rights powers and authority granted by Federal or State law ( or City Charter provisions) .
b) This Resolution shall be interpreted so as to
carry out its purposes as set forth in Article I .
c) Nothing in this Resolution shall be construed as
making the provisions of California Labor Code Section 923 applicable to City employees or employee organizations, or of giving employees or employee organizations the right to participate in, support, cooperate or encouraqe, directly or indirectly, any strike, sickout or other total or partial stoppage or slowdown of work. In consideration of and as a condition of initial and continued employment by the City, employees recognize that any such actions by them are in violation of their conditions of employment except as expressly otherwise provided by leqally preemptive State or contrary local law. In the event employees engage in such actions, they shall subject themselves to discipline up to and including termination, and may be permanently replaced, to the extent such actions are not prohibited by preemptive law; and employee organizations may thereby forfeit any rights accorded them under City law or contract.
Sec. 19 . Severabilitv.
If any provision of this Resolution, or the application of such provision to any persons or circumstance, shall be held invalid, the remainder of this Resolution, or the application for such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.
The foregoing Resolution was passed and adopted on
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September 3,
1991, by the following vote:
AYES: McKee, Hill, Sangalang, Freeman
NOES:
ABSENT: Gatto
ABSTAIN:
Attest:
C ty Clerk
r15
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ATTACHMENT B
RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP ADOPTING A RESOLUTION TO RESCIND RESOLUTION 91- 152 AND ADOPT AN UPDATED
EMPLOYER- EMPLOYEE ORGANIZATION RELATIONS RESOLUTION
WHEREAS, Resolution 91- 152 was adopted by the City Council to provide orderly procedures for the administration of employer- employee relations between the City and its employee organizations; and
WHEREAS, in 2019, changes were made to the State of California Government Code section 3500, removing procedures that were previously required; and WHEREAS, language was included to include Peace Officers having the right to be represented in separate units composed solely of such peace officers, adding procedures for processing severance requests, adding language required under Government Code 3502. 5 ( f) and updating impasse procedures to reflect Government Code 3541. 3( d); and
WHEREAS, by the adoption of Resolution 22- Resolution 91- 152 is hereby rescinded, the updated Employer- Employee Relations Agreement is adopted; Article I -- General Provisions
Sec. 1. Statement of Purpose:
This Resolution implements Chapter 10, Division 4, Title 1 of the Government Code of the State of California ( Sections 3500 et seq.) captioned " Local Public Employee Organizations," ( the Meyers- Milias- Brown Act) by providing orderly procedures for the administration of employer- employee relations between the City and its employee organizations. However, nothing contained herein shall be deemed to supersede the provisions of state law, ( the City Charter), ordinances, resolutions and rules which establish and regulate the civil service system, or which provide for other methods of administering employer- employee relations. This Resolution is intended, instead, to strengthen civil service and other methods of administering employer- employee relations through the establishment of uniform and orderly methods of communications between employees, employee organizations and the City.
Resolution No. 22-
198
It is the purpose of this Resolution to provide procedures for meeting and conferring in good faith with Recognized Employee Organizations regarding matters that directly and significantly affect and primarily involve the wages, hours and other terms and conditions of employment of employees in appropriate units and that are not preempted by federal or state law ( or the City Charter). However, nothing herein shall be construed to restrict any legal or inherent exclusive City rights with respect to matters of general legislative or managerial policy, which include among others: The exclusive right to determine the mission of its constituent departments, commissions, and boards; set standards of service; determine the procedures and standards of selection for employment; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other lawful reasons; determine the content of job classifications; subcontract work; maintain the efficiency of governmental operations; determine the methods, means and personnel by which government operations are to be conducted; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work.
Sec. 2. Definitions:
As used in this Resolution, the following terms shall have the meanings indicated:
a. " Appropriate unit" means a unit of employee classes or positions, established pursuant to Article II hereof.
b. " City" means the City of Lathrop, and, where appropriate herein, refers to the City Council or any duly authorized City representative as herein defined. c. " Confidential Employee" means an employee who, in the course of his or her duties, has access to confidential information relating to the City' s administration of employer- employee relations.
d. " Consult/ Consultation in Good Faith" means to communicate orally or in writing with all effected recognized employee organizations for the purpose of presenting and obtaining views or advising of proposed actions in a good faith effort to reach a consensus; and, as distinguished from meeting and conferring in good faith regarding matters within the required scope of the meet and confer process, does not involve an exchange of proposals and counterproposals in an endeavor to reach agreement in the form of a Memorandum of Understanding, nor is it subject to Article IV hereof.
e. " Day" means calendar day unless expressly stated otherwise. f. "Employee Relations OfFicer" means the City Manager or his/ her duly authorized representative.
g. " Exclusively Recognized Employee Organization" means an employee organization which has been formally acknowledged by the City as the sole Resolution No. 22-
199
employee organization representing the employees in an appropriate representation unit pursuant to Article II hereof, having the exclusive right to meet and confer in good faith concerning statutorily required subjects pertaining to unit employees, and thereby assuming the corresponding obligation of fairly representing such employees.
Such recognition status may only be challenged by another employee organization as set forth in Article II section 8.
h. " Impasse" means that the representatives of the City and a Recognized Employee Organization have reached a point in their meeting and conferring in good faith where their differences on matters to be included in a Memorandum of Understanding, and concerning which they are required to meet and confer, remain so substantial and prolonged that further meeting and conferring would be futile. i. " Management Employee" means an employee having responsibility for formulating, administering or managing the implementation of City policies and programs.
j. "Proof of Employee Support" means ( 1) an authorization card recently signed and personally dated by an employee, provided that the card has not been subsequently revoked in writing by the employee ( 2) a verified authorization petition or petitions recently signed and personally dated by an employee, or ( 3) employee dues deduction authorizations, using the payroll register for the period immediately prior to the date a petition is filed hereunder, except that dues deduction authorizations for more than one employee organization for the account of any one employee shall not be considered as proof of employee support for any employee organization. The only authorization which shall be considered as proof of employee support hereunder shall be the authorization last signed by an employee. The words " recently signed" shall mean within ninety ( 90) days prior to the filing of such proof of support.
k. " Supervisory Employee" means any employee having authority, in the interest of the City, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibly to direct them, or to adjust their grievances, or effectively to recommend such action if, in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment.
I. Terms not defined herein shall have the meanings as set forth in the MMBA.
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Article II -- Reuresentation Proceedings
Sec. 3. Filing of Recoanition Petition by Employee Organization:
An employee organization which seeks to be formally acknowledged as an Exclusively Recognized Employee Organization representing the employees in an appropriate unit shall file a petition with the Employee Relations Officer containing the following information and documentation:
a. Name and address of the employee organization.
b. Names and titles of its officers.
c. Names of employee organization representatives who are authorized to speak on behalf of the organization.
d. A statement that the employee organization has, as one of its primary purposes, the responsibility of representing employees in their employment relations with the City.
e. A statement whether the employee organization is a chapter of, or affiliated directly or indirectly in any manner, with a local, regional, state, national or international organization, and, if so, the name and address of each such other organization.
f. Certified copies of the employee organization' s constitution and bylaws. g. A designation of those persons, not exceeding two in number, and their addresses, to whom notice sent by regular United States mail will be deemed sufficient notice on the employee organization for any purpose. h. A statement that the employee organization has no restriction on membership based on race, color, religion, creed, sex, national origin, age, sexual orientation, mental or physical disability or medical condition.
i. The job classifications or position titles of employees in the unit claimed to be appropriate and the approximate number of inember employees therein. j. A statement that the employee organization has in its possession proof of employee support as herein defined to establish that a majority of the employees in the unit claimed to be appropriate have designated the employee organization to represent them in their employment relations with the City. Such written proof shall be submitted for confirmation to the Employee Relations Officer or to a mutually agreed upon disinterested third party.
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k. A request that the Employee Relations Officer formally acknowledge the petitioner as the Exclusively Recognized Employee Organization representing the employees in the unit claimed to be appropriate for the purpose of ineeting and conferring in good faith.
The Petition, including the proof of employee support and all accompanying documentation, shall be declared to be true, correct and complete, under penalty of perjury, by the duly authorized officer( s) of the employee organization executing it.
Sec. 4. City Response to Reco4nition Petition:
Upon receipt of the Petition, the Employee Relations Officer shall determine whether:
a. There has been compliance with the requirements of the Recognition Petition, and
b. The proposed representation unit is an appropriate unit in accordance with Sec. 9 of this Article II.
If an affirmative determination is made by the Employee Relations Officer on the foregoing two matters, he/ she shall so inform the petitioning employee organization, shall give written notice of such request for recognition to the employees in the unit and shall take no action on said request for thirty ( 30) days thereafter. If either of the foregoing matters are not affirmatively determined, the Employee Relations Officer shall offer to consult thereon with such petitioning employee organization and, if such determination thereafter remains unchanged, shall inform that organization of the reasons therefore in writing.
The petitioning employee organization may appeal such determination in accordance with Sec. 12 of this Resolution.
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Sec. 5. Open Period for Filing Challenging Petition:
Within thirty ( 30) days of the date written notice was given to affected employees that a valid recognition petition for an appropriate unit has been filed, any other employee organization may file a competing request to be formally acknowledged as the exclusively recognized employee organization of the employees in the same or in an overlapping unit ( one which corresponds with respect to some, but not all the classifications or positions set forth in the recognition petition being challenged), by filing a petition evidencing proof of employee support in the unit claimed to be appropriate of at least thirty ( 30) percent and otherwise in the same form and manner as set forth in Sec. 3 of this Article II. If such challenging petition seeks establishment of an overlapping unit, the Employee Relations Officer shall call for a hearing on such overlapping petitions for the purpose of ascertaining the more appropriate unit, at which time the petitioning employee organizations shall be heard. Thereafter, the Employee Relations Officer shall determine the appropriate unit or units in accordance with the standards in Sec. 9 of this Article II. The petitioning employee organizations shall have fifteen ( 15) days from the date notice of such unit determination is communicated to them by the Employee Relations Officer to amend their petitions to conform to such determination or to appeal such determination pursuant to Sec. 12 of this Article II.
Sec. 6. Granting Recognition Without an Election:
If the Petition is in order, and the proof of support shows that a majority of the employees in the appropriate unit have designated the petitioning employee organization to represent them, and if no other employee organization filed a challenging petition, the petitioning employee organization and the Employee Relations Officer shall request the California State Mediation and Conciliation Service, or another agreed upon neutral third party, to review the count, form, accuracy and propriety of the proof of support. If the neutral third party makes an affirmative determination, the Employee Relations Officer shall formally acknowledge the petitioning employee organization as the Exclusive Recognized Employee Organization for the designated unit.
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Sec. 7. Election Procedure:
Where recognition is not granted pursuant to Sec. 6, the Employee Relations Officer shall arrange for a secret ballot election to be conducted by a party agreed to by the Employee Relations Officer and the concerned employee organization( s), in accordance with such party' s rules and procedures subject to the provisions of this Resolution. All employee organizations who have duly submitted petitions which have been determined to be in conformance with this Article II shall be included on the ballot. The ballot shall also reserve to employees the choice of representing themselves individually in their employment relations with the City. Employees entitled to vote in such election shall be those persons employed in regular permanent positions within the designated appropriate unit who were employed during the pay period immediately prior to the date which ended at least fifteen 15) days before the date the election commences, including those who did not work during such period because of illness, vacation or other authorized leaves of absence, and who are employed by the City in the same unit on the date of the election. An employee organization shall be formally acknowledged as the Exclusively Recognized Employee Organization for the designated appropriate unit following an election or run- off election if it received a numerical majority of all valid votes cast in the election. In an election involving three or more choices, where none of the choices receives a majority of the valid votes cast, a run- off election shall be conducted between the two choices receiving the largest number of valid votes cast; the rules governing an initial election being applicable to a runoff election.
There shall be no more than one valid election under this Resolution pursuant to any petition in a 12- month period affecting the same unit.
In the event that the parties are unable to agree on a third party to conduct an election, the election shall be conducted by the California State Mediation and Conciliation Service.
Costs of conducting elections shall be borne in equal shares by the City and by each employee organization appearing on the ballot.
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Sec. 8 Procedure for Decertification of Exclusively Recoqnized Employee Organization:
A Decertification Petition alleging that the incumbent Exclusively Recognized Employee Organization no longer represents a majority of the employees in an established appropriate unit may be filed with the Employee Relations Officer only during the month of March of any year following the first full year of recognition or during the thirty ( 30) day period commencing one hundred twenty ( 120) days prior to the termination date of a Memorandum of Understanding then having been in effect less than three ( 3) years, whichever occurs later. A Decertification Petition may be filed by two or more employees or their representative, or an employee organization, and shall contain the following information and documentation declared by the duly authorized signatory under penalty of perjury to be true, correct and complete:
a. The name, address and telephone number of the petitioner and a designated representative authorized to receive notices or requests for further information. b. The name of the established appropriate unit and of the incumbent Exclusively Recognized Employee Organization sought to be decertified as a representative of that unit.
c. An allegation that the incumbent Exclusively Recognized Employee Organization no longer represents a majority of the employees in the appropriate unit, and any other relevant and material facts relating thereto. d. Proof of employee support that at least thirty ( 30) percent of the employees in the established appropriate unit no longer desire to be represented by the incumbent Exclusively Recognized Employee Organization. Such proof shall be submitted for confirmation to the Employee Relations Officer or to a mutually agreed upon disinterested third party within the time limits specified in the first paragraph of this Section.
An employee organization may, in satisfaction of the Decertification Petition requirements hereunder, file a Petition under this Section in the form of a Recognition Petition that evidences proof of employee support of at least thirty ( 30) percent, that includes the allegation and information required under this Section 8, and otherwise conforms to the requirements of Section 3 of this Article.
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The Employee Relations Officer shall initially determine whether the Petition has been filed in compliance with the applicable provisions of this Article II. If his/ her determination is in the negative, he/ she shall offer to consult thereon with the representative( s) of such petitioning employees or employee organization and, if such determination thereafter remains unchanged, shall return such Petition to the employees or employee organization with a statement of the reasons therefore in writing. The petitioning employees or employee organization may appeal such determination in accordance with Sec. 12 of this Article II. If the determination of the Employee Relations Officer is in the affirmative, or if his negative determination is reversed on appeal, he/ she shall give written notice of such Decertification or Recognition Petition to the incumbent Exclusively Recognized Employee Organization and to unit employees.
The Employee Relations Officer shall thereupon arrange for a secret ballot election to be held on or about fifteen ( 15) days after such notice to determine the wishes of unit employees as to the question of decertification and, if a Recognition Petition was duly filed hereunder, the question of representation. Such election shall be conducted in conformance with Sec. 7 of this Article II.
During the " open period" specified in the first paragraph of this Sec. 8, the Employee Relations Officer may on his/ her own motion, when he/ she has reason to believe that a majority of unit employees no longer wish to be represented by the incumbent Exclusively Recognized Employee Organization, give notice to that organization and all unit employees that he/ she will arrange for an election to determine that issue. In such event any other employee organization may within fifteen ( 15) days of such notice file a Recognition Petition in accordance with this Sec. 8, which the Employee Relations Officer shall act on in accordance with this Sec. 8.
If, pursuant to this Sec. 8, a different employee organization is formally acknowledged as the Exclusively Recognized Employee Organization, such organization shall be bound by all the terms and conditions of any Memorandum of Understanding then in effect for its remaining term.
Sec. 9. Policy and Standards for Determination of Appropriate Units• The policy objectives in determining the appropriateness of units shall be the effect of a proposed unit on ( 1) the efficient operations of the City and its compatibility with the primary responsibility of the City and its employees to effectively and economically serve the public, and ( 2) providing employees with effective representation based on recognized community of interest considerations. These policy objectives require that the appropriate unit shall be the broadest feasible grouping of positions that share an identifiable community of interest. Factors to be considered shall be:
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a. Similarity of the general kinds of work performed, types of qualifications required, and the general working conditions.
b. History of representation in the City and similar employment; except however, that no unit shall be deemed to be an appropriate unit solely on the basis of the extent to which employees in the proposed unit have organized. c. Consistency with the organizational patterns of the City. d. Effect of differing legally mandated impasse resolution procedures. e. Number of employees and classifications, and the effect on the administration of employer- employee relations created by the fragmentation of classifications and proliferation of units.
f. Effect on the classification structure and impact on the stability of the employer- employee relationship of dividing a single or related classifications among two or more units.
Notwithstanding the foregoing provisions of this Section, managerial, supervisory and confidential responsibilities, as defined in Sec. 2 of this Resolution, are determining factors in establishing appropriate units hereunder, and therefore managerial, supervisory and confidential employees may only be included in a unit consisting solely of managerial, supervisory or confidential employees respectively.
Managerial, supervisory and confidential employees may not represent any employee organization which represents other employees.
Peace Officers have the right to be represented in separate units composed solely of such peace officers.
Also under the MMBA, professional employees have the right to be represented separately from non- professional employees.
The Employee Relations Officer shall, after notice to and consultation with affected employee organizations, allocate new classifications or positions, delete eliminated classifications or positions, and retain, reallocate or delete modified classifications or positions from units in accordance with the provisions of this Section. The decision of the Employee Relations Officer shall be final.
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Sec. 10. Procedure for Modification of Established Apnropriate Units• Requests by employee organizations for modifications of established appropriate units may be considered by the Employee Relations Officer only during the period specified in Sec. 8 of this Article II. Such requests shall be submitted in the form of a Recognition Petition and, in addition to the requirements set forth in Sec. 3 of this Article, shall contain a complete statement of all relevant facts and citations in support of the proposed modified unit in terms of the policies and standards set forth in Sec. 9 hereof. The Employee Relations Officer shall process such petitions as other Recognition Petitions under this Article II.
The Employee Relations Officer may by his own motion propose that an established unit be modified. The Employee Relations Officer shall give written notice of the proposed modification( s) to any affected employee organization and shall hold a meeting concerning the proposed modification( s), at which time all affected employee organizations shall be heard. Thereafter the Employee Relations Officer shall determine the composition of the appropriate unit or units in accordance with Sec. 9 of this Article II, and shall give written notice of such determination to the affected employee organizations. The Employee Relations Officer' s determination may be appealed as provided in Section 12 of this Article. If a unit is modified pursuant to the motion of the Employee Relations Officer hereunder, employee organizations may thereafter file Recognition Petitions seeking to become the Exclusively Recognized Employee Organization for such new appropriate unit or units pursuant to Sec. 3 hereof.
Sec. 11. Procedure for Processing Severance Requests•
An employee organization may file a request to become the recognized employee organization of a unit alleged to be appropriate that consists of a group of employees who are already a part of a larger established unit represented by another recognized employee organization. The timing, form and processing of such request shall be as specified in Sec. 10 for modification requests.
Sec. 12. Appeals:
An employee organization aggrieved by an appropriate unit determination of the Employee Relations Officer; or an employee organization aggrieved by a determination of the Employee Relations Officer that a Recognition Petition ( Sec. 3), Challenging Petition ( Sec. 5), Decertification Petition ( Sec. 8), Unit Modification Petition ( Sec. 10) --- or employees aggrieved by a determination of the Employee Relations Officer that a Decertification Petition ( Sec. 8) or Severance Request ( Sec. 11) --- has not been filed in compliance with the applicable provisions of this Article, may, within ten ( 10) days of notice of the Employee Relations Officer' s final decision, request to submit the matter to mediation by the State Mediation and Conciliation Service, or may, in lieu thereof or thereafter, appeal such determination to the City Council for final decision within fifteen ( 15) days of notice of the Employee Relations Officer' s determination or the termination of inediation proceedings, whichever is later.
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Appeals to the City Council shall be filed in writing with the City Clerk, and a copy thereof served on the Employee Relations Officer. The City Council shall commence to consider the matter within thirty ( 30) days of the filing of the appeal. The City Council may, in its discretion, refer the dispute to a non- binding third party hearing process. Any decision of the City Council on the use of such procedure, and/ or any decision of the City Council determining the substance of the dispute shall be final and binding.
Article III -- Administration
Sec. 13. Submission of Current Information by Recognized Em loyee Organizations•
All changes in the information filed with the City by an Exclusively Recognized Employee Organization under items ( a.) through ( h.) of its Recognition Petition under Sec. 3 of this Resolution shall be submitted in writing to the Employee Relations Officer within fourteen ( 14) days of such change.
Exclusively Recognized Employee Organizations that are party to an agency shop provision shall provide annually to the Employee Relations Officer and to unit members within 60 days after the end of its fiscal year the financial report required under Government Code Section 3502. 5 ( f) of the Meyers- Milias Brown Act.
Sec. 14. Emulovee Oraanization Activities -- Use of Citv Resources• Access to City work locations and the use of City paid time, facilities, equipment and other resources by employee organizations and those representing them shall be authorized only to the extent provided for in Memoranda of Understanding and/ or administrative procedures, shall be limited to lawful activities consistent with the provisions of this Resolution that pertain directly to the employer- employee relationship and not such internal employee organization business as soliciting membership, campaigning for office, and organization meetings and elections, and shall not interfere with the efficiency, safety and security of City operations.
Sec. 15. Administrative Rules and Procedures:
The City Manager is hereby authorized to establish such rules and procedures as appropriate to implement and administer the provisions of this Resolution after consultation with affected employee organizations.
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Article IV -- Imuasse Procedures
Sec. 16. Initiation of Impasse Procedures:
If the meet and confer process has reached impasse as defined in Section 2 of this Resolution, either party may initiate the impasse procedures by filing with the other party a written request for an impasse meeting, together with a statement of its position on all issues. An impasse meeting shall then be scheduled promptly by the Employee Relations Officer. The purpose of such meeting shall be:
a. To review the position of the parties in a final effort to reach agreement on a Memorandum of Understanding; and
b. If the impasse is not resolved, to discuss arrangements for the utilization of the impasse procedures provided herein.
Sec. 17. Impasse Procedures:
Impasse procedures are as follows:
a. If the parties agree to submit the dispute to mediation, and agree on the selection of a mediator, the dispute shall be submitted to mediation. All mediation proceedings shall be private. The mediator shall make no public recommendation, nor take any public position at any time concerning the issues. b. If the parties agree to, and do participate in mediation, and if inediator is unable to effect settlement of the controversy, the employee organization may present a request to the City and the Public Employment Relations Board ( PERB) to submit the impasse to fact- finding. This request by the employee organization to submit the impasse to fact- finding must be made no sooner than 30 days, but no later than 45 days, following the selection of a mediator by the parties. c. If the parties do not agree to participate in mediation, the employee organization may present a request to the City and PERB to submit the impasse to fact- finding no later than 30 days following the date that either party has provided the other a written notice of declaration of impasse.
d. Within five ( 5) working days after PERB' s determination that the request for fact- finding is sufficient, a fact- finding panel of three ( 3) shall be appointed in the following manner: One member of the panel shall be appointed by the Employee Relations Officer, and one member shall be appointed by the Exclusively Recognized Employee Organization. PERB shall, within five ( 5) working days after making its determination that the request for fact- finding is sufficient, submit the names of seven persons, drawn from the list of neutral fact- finders established pursuant to Government Code section 3541. 3( d). PERB shall thereafter designate one of the seven persons to serve as the chairperson unless notified by the parties within five 5) working days that they have mutually agreed upon a person to chair the panel in lieu of a chairperson selected by PERB.
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e. The following constitute the jurisdictional and procedural requirements for factfinding:
1) The panel shall, within ten ( 10) days after its appointment, meet with the parties or their representatives, either jointly or separately, and may make inquiries and investigations, hold hearings, and take any other steps it deems appropriate. The panel shall have subpoena power with regard to hearings, investigations and inquiries.
2) Subject to the stipulations of the parties, the fact- finders shall consider, weigh and be guided by the following measures and criteria in arriving at their findings and recommendations:
a. State and federal laws that are applicable to the employer. b. Local rules, regulations, or ordinances.
c. Stipulations of the parties.
d. The interests and welfare of the public, and the financial ability of the public agency.
e. Comparison of the wages, hours, and conditions of employment of the employees involved in the fact-finding proceeding with the wages, hours, and conditions of employment of other employees performing similar services in comparable public agencies. f. The consumer price index for goods and services, commonly known as the cost of living.
g. The overall compensation presently received by the employees, including direct wage compensation, vacations, holidays, and other excused time, insurance and pensions, medical and hospitalization benefits, the continuity and stability of employment, and all other benefits received.
h. Any other facts not confined to those specified in paragraphs ( a)- g), inclusive, which are normally or traditionally taken into consideration in making the findings and recommendations, including, but not limited to:
i.) Maintaining appropriate compensation relationships between classifications and positions within the City;
ii.) Other legislatively determined and projected demands on agency resources ( i. e., budgetary priorities as established by the governing body);
iii.) Allowance for equitable compensation increases for other employees and employee groups for the corresponding fiscal period( s);
iv.) Revenue projections not to exceed currently authorized tax and fee rates for the relevant fiscal year( s);
v.) Assurance of sufficient and sound budgetary reserves; and vi.) Constitutional, statutory, and Municipal Code/ Charter limitations on the level and use of revenues and
expenditures.
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3) Within thirty ( 30) days after the appointment of the fact-finding panel, or, upon agreement by both parties within a longer period, the panel shall make written findings of fact and advisory recommendations for the resolution of the issues in dispute, which shall be presented in terms of the criteria and limitations specified above. Any member of a fact- finding panel shall be accorded the right to file dissenting written findings of fact and recommendations. The fact- finder or chairperson of the fact- finding panel shall serve such findings and recommendations on the Employee Relations Officer and the designated representative of the Exclusively Recognized Employee Organization before they are made available to the public.
f. If these parties have not resolved the impasse within ten ( 10) days after service of the findings and recommendations upon them, the City shall make them public by submitting them to the City Clerk for consideration by the City Council in connection with the Council' s legislative consideration of the impasse. g. After any applicable mediation and fact- finding procedures have been exhausted, but no earlier than ten ( 10) days after the fact finders' written findings of fact and recommended terms of settlement have been submitted to the parties, the City Council may hold a public hearing regarding the impasse, and take such action regarding the impasse as it in its discretion deems appropriate as in the public interest, including implementation of the City' s last, best and final offer. Any legislative action by the City Council on the impasse shall be final and binding. h. The costs for the services of the panel chairperson agreed upon by the parties shall be equally divided between the parties, and shall include per diem fees, if any, and actual and necessary travel and subsistence expenses. The per diem fees shall not exceed the per diem fees stated on the chairperson' s resume on file with PERB.
The chairperson' s bill showing the amount payable by the parties shall accompany his or her final report to the parties and PERB. The parties shall make payment directly to the chairperson.
i. Any other mutually incurred costs shall be borne equally by the parties. Any separately incurred costs for the panel member selected by each party shall be borne by that party.
Sec. 18. Costs of Im asse Procedures:
The cost for the services of a mediator and chairperson of a fact- finding panel utilized by the parties, and other mutually incurred costs of inediation and factfinding, shall be borne equally by the City and Exclusively Recognized Employee Organization. The cost for a fact- finding panel member selected by each party, and other separately incurred costs, shall be borne by such party.
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Article V -- Miscellaneous Provisions
Sec. 19. Construction:
This Resolution shall be administered and construed as follows:
a) Nothing in this Resolution shall be construed to deny to any person, employee, organization, the City, or any authorized officer, body or other representative of the City, the rights, powers and authority granted by federal or state law).
b) This Resolution shall be interpreted so as to carry out its purpose as set forth in Article I.
Sec. 20. Severabilitv:
If any provision of this Resolution, or the application of such provision to any persons or circumstances, shall be held invalid, the remainder of this Resolution, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby adopts the Employee- Employer Relations Resolution as outlined in this Resolution.
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The foregoing resolution was passed and adopted this 10th day of October 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 Resolution No. 22-
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ATTACHMENT C
SIDE LETTER AGREEMENT NO. 1
BETWEEN THE CITY OF LATHROP AND
SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 1021
EXTENDING MEMORANDUM OF UNDERSTANDING
THIS AGREEMENT, dated for convenience this day of October 2022 is by and between Service Employees International Union, Local 1021 ( SEIU) and the City of Lathrop ( City);
RECITALS
WHEREAS, the City and SEIU are parties to a Memorandum of Understanding MOU) with a term ending June 30, 2026; and
WHEREAS, the City has an increased need to provide bilingual services to the public; and
WHEREAS, Section 4. 4 ( d) of the SEIU MOU requires Council action if more than 5 employees receive bilingual pay; and
WHEREAS, the City has recommended deleting Section 4. 4 ( d) of the SEIU MOU in order to promote efficiency with this process by allowing the City to pay as many qualified employees bilingual pay as necessary for City operations; and WHEREAS, language is also proposed to be added to the SEIU MOU to provide 5% Special Class Driver' s License Pay as compensation to maintenance employees who obtain and maintain a Class B Driver's license to perform their duties where there is an operational need; and
WHEREAS, the 5% Special Class Driver' s License Pay will be processed in accordance with Gov. Code Section 20636 for Special Compensation; and WHEREAS, SEIU has reviewed and accepted these changes to the MOU; and WHEREAS, unless included in this side letter agreement, all other terms and conditions of the SEIU MOU remain unchanged; and
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NOW THEREFORE, the parties have agreed to adopt these changes by way of the meet and confer process and City Council approval by Resolution 22- The persons executing this MOU each represent and warrant that they have been duly authorized to do so and the MOU is a valid and binding obligation of both parties.
CITY OF LATHROP SEIU
Stephen ). Salvatore, City Manager Cheryl Hicks, SEIU Representative APPROVED AS TO FORM: William Petrone, SEIU Field Director Salvador Navarrete, City Attorney Phil Humphrey, SEIU Member Debra Wheale, SEIU Member
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ATTACHMENT D
RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING THE EXECUTION OF SIDE LETTER AGREEMENT NO. 1 WITH SERVICE EMPLOYEE INTERNATIONAL UNION, LOCAL 1021 ( SEIU) WHEREAS, the City has an Memorandum of Understanding ( MOU) with SEIU which expires on June 30, 2026; and
WHEREAS, the addition of the Police Department and increased staffing citywide requires additional staff to provide bilingual services to support our diverse community; and
WHEREAS, Section 4. 4 ( d) of the SEIU MOU requires Council action if more than 5 employees receive bilingual pay; and
WHEREAS, the City has recommended deleting Section 4. 4 ( d) of the SEIU MOU in order to promote efficiency with this process by allowing the City to pay as many qualified employees bilingual pay as necessary for City operations; and WHEREAS, language is also proposed to be added to the SEIU MOU to provide 5% Special Class Driver' s License Pay as compensation to maintenance employees who obtain and maintain a Class B Driver' s license to perform their duties where there is an operational need; and
WHEREAS, SEIU has reviewed and accepted these amendments to the MOU by a side letter agreement; and
WHEREAS, unless included in the side letter agreement, all other terms and conditions of the SEIU MOU will remain unchanged;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby authorize the City Manager to execute the proposed Side Letter Agreement No. 1 with SEIU.
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The foregoing resolution was passed and adopted this lOt'' day of October 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 Resolution 22-
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ITEM 4. 14
CITY MANAGER' S REPORT
OCTOBER 10, 2022 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE THE RIVER ISLANDS PHASE 2 WEST
VILLAGE PRECISE PLANS FOR RIVER ISLANDS
PARKWAY AND CAMBAY PARKWAY AND A COMMON
USE AGREEMENT WITH RD 2062
RECOMMENDATION: Adopt Resolution Approving the River Islands Phase 2 West Village Precise Plans for River Islands
Parkway and Cambay Parkway and a Common Use
Agreement with Reclamation District 2062
SUMMARY:
On June 14, 2021, City Council approved a Vesting Tentative Subdivision Map Tract 6716 for Phase 2 of the River Islands Project. The proposed Precise Plans set the right- of- way alignment, widths, lane configuration and cross- sections for River Islands Parkway ( RIP) and Cambay Parkway, which are located adjacent to the West Village neighborhood of River Islands Phase 2, as shown in the Vicinity Map Attachment E). The Precise Plans are necessary for the City to accept the dedication of right- of-way and improvements for these roadways.
A Common Use Agreement ( CUA) is necessary to delineate the obligations and duties of the City and Islands Reclamation District No. 2062 ( RD 2062) for a portion of Cambay Parkway that encroaches on the RD 2062 levee easement.
Staff recommends that the City Council approve the Precise Plans for the segments of RIP ( Attachment B) and Cambay Parkway ( Attachment C) that are adjacent to the West Village neighborhood and a CUA with RD 2062 ( Attachment D).
BACKGROUND:
On June 14, 2021, City Council approved a Vesting Tentative Subdivision Map ( VTM) Tract 6716 for Phase 2 of the River Islands Project with associated Conditions of Approval ( COA). Prior to the approval of a Neighborhood Deisgn Plan ( NDP), the COA associated with VTM Tract 6716 require the approval of a precise plan for any adjacent arterial roadway. In addition, Section 12. 12. 120 of the Lathrop Municipal Code requires a Precise Plan to be approved prior to the dedication of land for street purposes and prior to the issuance of building permits within an adjacent neighborhood. The portions of RIP and Cambay Parkway that are included in the Precise Plans are adjacent to the West Village NDP, which is currently being processed for approval.
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CITY MANAGER' S REPORT Page 2
OCTOBER 10, 2022 CITY COUNCIL REGULAR MEETING
APPROVE THE RIVER ISLANDS PHASE 2 WEST VILLAGE PRECISE PLANS FOR RIP AND CAMBAY PARKWAY AND A CUA WITH RD 2062
A portion of Cambay Parkway encroaches into the RD 2062 levee easement; therefore, a CUA is necessary to delineate the obligations and duties of the City and RD 2062.
Staff recommends that the City Council approve the Precise Plans for the segments of RIP and Cambay Parkway that are adjacent to the West Village neighborhood and a CUA with RD 2062.
REASON FOR RECOMMENDATION:
River Islands Development ( RID) has provided the proposed Precise Plans for the portions of RIP and Cambay Parkway adjacent to the West Village neighborhood that is consistent with the approved Phase 2 Tract 6716 vesting tentative map and revised Preliminary Development Plan. The Precise Plan will set the future right of way of this major street and provide eventual vehicular access through portions of the Phase 2 area.
RD 2062 has also provided a proposed CUA that protects both the District and the City from future improvements and maintenance activities that affect RD 2062' s levee and the City' s street ( Cambay Parkway). This CUA is required for the City to approve the proposed Precise Plan.
FISCAL IMPACT:
There is no budget impact to the City. RID is providing funds necessary to defray any staff time required to process their request.
ATTACH M ENTS:
A. Resolution Approving the River Islands Phase 2 West Village Precise Plan Lines for River Islands Parkway and Cambay Parkway and a Common Use Agreement with Reclamation District 2062
B. River Islands Parkway Precise Plan
C. Cambay Parkway Precise Plan
D. Common Use Agreement with Reclamation District 2062
E. Vicinity Map - Stage 2B portion of River Islands Phase 1 Area 220
CITY MANAGER' S REPORT Page 3
OCTOBER 10, 2022 CITY COUNCIL REGULAR MEETING
APPROVE THE RIVER ISLANDS PHASE 2 WEST VILLAGE PRECISE PLANS FOR RIP AND CAMBAY PARKWAY AND A CUA WITH RD 2062
APPROVALS
d 3 ZoZ2
Brad ylor Date
City Engineer
y,-
Cari Ja Date
Director Finance
i _ ` . ro la Zozz
Michael King Date
Assistant City Manager
D
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Salvador Navarrete Date
City Attorney
lfl• 5•ZZ
ephen ). Salvatore Date
City Manager
221
RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING THE RIVER ISLANDS PHASE 2 WEST VILLAGE PRECISE PLANS
FOR RIVER ISLANDS PARKWAY AND CAMBAY PARKWAY AND A COMMON USE AGREEMENT WITH RECLAMATION DISTRICT 2062
WHEREAS, on June 14, 2021, City Council approved a Vesting Tentative Subdivision Map ( VTM) Tract 6716 for Phase 2 of the River Islands Project with associated Conditions of Approval; and
WHEREAS, prior to the approval of a Neighborhood Deisgn Plan ( NDP), the Conditions of Approval associated with VTM Tract 6716 require the approval of a precise plan for any adjacent arterial roadway; and
WHEREAS, Section 12. 12. 120 of the Lathrop Municipal Code requires a Precise Plan to be approved prior to the dedication of land for street purposes and prior to the issuance of building permits within an adjacent neighborhood; and WHEREAS, the portions of River Islands Parkway and Cambay Parkway that are included in the Precise Plans are adjacent to the West Village NDP, which is currently being processed for approval; and
WHEREAS, a portion of Cambay Parkway encroaches into the RD 2062 levee easement and therefore a Common Use Agreement ( CUA) is necessary to delineate the obligations and duties of the City and RD 2062.
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Lathrop does hereby approve the Precise Plans for River Islands Parkway and Cambay Parkway segments adjacent to the West Village neighborhood of Phase 2 and approves the Common Use Agreement by and between the City of Lathrop and Island Reclamation District No. 2062 for the portion of Cambay Parkway that overlaps with the levee easement recorded in favor of RD 2062, as included and incorporated in the October 10, 2022 staff report as Exhibit " D"; and
BE IT FURTHER RESOLVED that the City Council of the City of Lathrop, based on substantial evidence in the administrative record of proceedings, its findings above, including the staff report and associated attachments, and pursuant to its independent review and consideration, finds that adoption of this resolution does not require any additional environmental review pursuant to adopted CEQA guidelines since it does not propose changes in the approved project, cause any new significant environmental impacts, creates no substantial changes with respective to circumstances under which the project is undertaken that will require revisions to the previously certified River Islands SEIR and that there is no new information that was known or could not have reasonably been known at the time the previous SEIR was certified.
222
The foregoing resolution was passed and adopted this 10t" day of October 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 223
i ATTACHME T
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231
ATTA MENT
COMMON USE AGREEMENT
FOR A PORTION OF CAMBAY PARKWAY
BY AND BETWEEN THE
CITY OF LATHROP
AND
ISLAND RECLAMATION DISTRICT NO. 2062
This COMMON USE AGREEMENT FOR A PORTION OF CAMBAY PARKWAY, associated with Phase 2 of River Islands at Lathrop entered into on October 10, 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 ( the " District"), and the CITY OF LATHROP, a municipal corporation in the State of California ( the " City"), together " the Parties."
RECITALS
A. This Agreement relates to certain real property to be dedicated to City in the future for public right of way purposes known as " Cambay Parkway," specifically, a planned arterial street within the River Islands at Lathrop Master Planned Community (" River Islands Site"), being developed by River Islands Area One, LLC (" River Islands"), approved and included in the West Lathrop Specific Plan.
B. The Agreement also sets forth the process that will eventually lead to the dedication of public right of way associated with Cambay Parkway, as well as a public utility easement ( PUE) adjacent to the right of way that will extend into the existing levee easement of the District. Prior to approval of a large lot map, final map or any other document facilitating the dedication of right of way and public utility easement for the portions of Cambay Parkway that extend into the existing levee easement of the District, the Parties agree to execute and record a Common Use Agreement that will supersede this Agreement.
C. On January 8, 2020, the District accepted its Phase 2 levee system for the right to control and maintain the levees constructed by District for flood protection purposes to protect development within the Phase 2 portion of the River Islands Site (" Levee Easement").
D. River Islands has proposed a Precise Plan Line for Cambay Parkway within Phase 2 that is required by condition of approval of Vesting Tentative Map Tract 6716 as provided in Exhibit" A" to this Agreement (" Cambay Precise Plan Line").
E. Since the Levee Easement provides appropriate legal access and authority to District for its flood protection works (" District Works") 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 the Cambay Precise Plan Line and the dedication of subsequent rights of way far Cambay Parkway and associated PUEs, the Parties acknowledge and agree that it is necessary for 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 Party' s individual obligations under applicable law to those portions of street rights of way located within portions of the Levee Easement(" Common Use Area"). 1 232
ATTACHMENT
N
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 depicted in Exhibit "B" to this Agreement, incorporated herein by this reference.
2. District hereby agrees to the construction, reconstruction, maintenance or use by City of Cambay Parkway and any associated utilities within the Common Use Area which is more particularly depicted 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 acknowledges that street construction, underground pipelines, street lighting, storm drainage, landscaping and joint trench improvements will be constructed in the future as part of Cambay Parkway and has no objections to the design and proposed construction of these improvements that will be located within the Common Use Area. Further, the District agrees to have its District Engineer review any proposed improvement plans for Cambay Parkway in the future and provide written confirmation to the City that are no issues with the District Works associated with the construction of Cambay Parkway.
5. In the event that the future use of Cambay Parkway within the Common Use Area shall at any time necessitate rearrangement, relocation or reconstruction of any of the District' s works within the Common Use Area, City shall notify 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' s works following approval of all plans and specifications of said rearrangement, relocation, or reconstruction by the District, which approval shall not be unreasonably withheld.
6. In the event that the future use of the District Works shall at any time necessitate rearrangement, relocation or reconstruction of any constructed improvements of Cambay Parkway 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 Cambay Parkway within the Common Use Area, following approval of all plans and specifications of said reanangement, 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 far construction, rearrangement, modification, alteration or relocation not requested or undertaken by District, except for damage resulting from maintenance, repair ar replacement by District.
8. District or 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.
2 233
9. Prior to approval of a large lot map, final map or any other document facilitating the dedication of right of way and public utility easement for the portions of Cambay Parkway that extend into the existing levee easement of the District, the Parties agree to execute and record a Common Use Agreement that will supersede this Agreement.
10. 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. 1 l. District and City shall use said Common Use Area in such manner as to not unreasonably interfere with the rights of either Party.
12. District shall not be responsible far 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 control facilities located on or near the Common Use Area. All costs for repairing such damage to City's facilities shall be borne by City.
13. 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 activities of its right of way or improvements on or near the Common Use Area. All costs for repairing such damage to District's facilities shall be borne by District.
14. District shall be responsible for the structural integrity of its levees, berms and similar structures, as well as 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. District shall, for public purposes, dedicate the PUE for Streets via Grant Deed prior to approval of a large lot map, final map or any other document facilitating the dedication of right of way and public utility easement for the portions of Cambay Parkway that extend into the existing levee easement of the District. This Grant Deed shall be recorded concurrently with the recordation of the 3 234
first small lot final map that includes the portion of Cambay Parkway affected by this Common Use Agreement.
16. To the extent that the City' s rights to its rights of way and/ or PUEs for Streets 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 Party 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 Engineer
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.
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 priar written or oral understandings. 4 235
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 CITY OF LATHROP CITY ATTORNEY:
By:
Salvadar V. Navarrete, City Attorney
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244
ITEM 5. 1
CITY MANAGER' S REPORT
OCTOBER 10, 2022 CITY COUNCIL REGULAR MEETING
ITEM: PUBLIC HEARING ( PUBLISHED NOTICE) TO
CONSIDER THE 2023 SJMSCP DEVELOPMENT FEE
ANNUALAD) USTMENT
RECOMMENDATION: Council to Consider the Following:
1. Hold a Public Hearing; and
2. Adopt a Resolution Approving an Annual
Adjustment to the San Joaquin County MultiSpecies Habitat Conservation and Open Space Plan ( S) MSCP) Development Fee for 2023
SUMMARY:
On August 25, 2022, the San Joaquin Council of Governments ( SJCOG) Board approved the annual adjustment to the San Joaquin County Multi- Species Habitat Conservation and Open Space Plan ( SJMSCP) development fees, and is now requesting each participating jurisdiction to adopt the annual adjustment to become effective on January 1, 2023.
The final calculation of the 2023 SJMSCP development fees shows an approximate overall decrease of 1. 6% in the most commonly impacted categories of Agricultural and Natural habitat classifications compared to 2022. The decrease is due primarily to a reduction in the land acquisition component ( Category A) for agricultural land price values of comparable sales even though there was a rise in the reported Consumer Price Index ( CPI) for Categories B ( Assessment and Enhancement) and C Land Management and Administration). The total of these 3 categories equates to the final amount of the development fee.
The following table shows the habitat categories, the current 2022 fees, and proposed 2023 fee adjustments ( per acre).
YEAR 2019 2020 2021 2p22
2023
Proposed)
Multi- purpose 6, 700 6, 412 8, 682 9, 781 9, 629
Agriculture/ Natural $ 13, 399 12, 822 17, 363 19, 561 19, 255 Vernal Pool
rasslands
54, 576 52, 833 71, 544 80, 453 75, 320
Vernal Pool
wetted
101, 033 100, 788 161, 286 174, 040 176, 878
245
CITY MANAGERS REPORT PAGE 2
OCTOBER 10, 2022 CITY COUNCIL REGULAR MEETING
2023 SJMSCP DEVELOPMENT FEES
Staff recommends adoption of the attached resolution approving an annual adjustment to the San Joaquin County Multi- Species Habitat Conservation and Open Space Plan ( SJMSCP) development fees for 2023.
BACKGROUND:
On November 6, 2001, the City Council adopted Ordinance No. 01- 194, establishing the SJMSCP. The plan established a procedure to mitigate the impacts of new development on undeveloped land within the Cities of Lathrop, Escalon, Tracy, Ripon, Manteca, Lodi, Stockton, and San Joaquin County. Each City and the County adopted the SJMSCP and the recommended fee schedule at that time. A Habitat Conservation Map ( Attachment 2) identifies those areas within the City of Lathrop that are subject to a specific habitat fee category. Since its adoption, the developer paid SJMSCP fees have been adjusted annually to be effective on January 15t of each year.
The development fees were calculated using a formula which is adjusted annually Fee = Category A ( acquisition) + Category B ( assessment & enhancement) + Category C ( land management & administration)]. Each component of the formula is adjusted using a specific mechanism which relates to the individual component in the fees.
Projects which participate under the SJMSCP benefit from a pre- determined streamlined processing of the project rather than navigating a very long and cumbersome regulatory process through the state and federal permitting agencies.
By participating, the project can choose a number of ways to provide mitigation for the impacts of the project:
1. Pay a fee;
2. Redesign the project to avoid/ minimize impacts;
3. Provide land in lieu of the SJMSCP fee which the project will negotiate the easement/ fee title costs; or
4. Any combination of the above options.
Alternatively, the project proponent may choose to not participate in the SJMSCP and fulfill mitigation requirements on their own with state and federal permitting agencies.
It' s important to note that development projects in Lathrop such as River Islands, Central Lathrop, South Lathrop and Gateway have taken advantage of the benefit this program.
246
CITY MANAGERS REPORT PAGE 3
OCTOBER 10, 2022 CITY COUNCIL REGULAR MEETING
2023 S) MSCP DEVELOPMENT FEES
RECOMMENDATION:
Staff recommends that the City Council consider all information provided and submitted, take and consider all public testimony and, if determined to be appropriate, adopt a resolution approving the annual adjustment to the San Joaquin County Multi- Species Habitat Conservation and Open Space Plan development fees for 2023.
FISCAL IMPACT:
The fee adoption has no fiscal impact to the City. Developers may participate in the SJMSCP plan or opt out and fulfill mitigation requirements with state and federal permitting agencies.
ATTACHMENT:
l. Resolution to approve the 2023 San Joaquin County Multi- Species Habitat Conservation and Open Space Plan ( SJMSCP) development fee.
2. S] MSCP Habitat Conservation Map
3. 2023 Habitat Fee Table
247
CITY MANAGERS REPORT PAGE 4
OCTOBER 10, 2022 CITY COUNCIL REGULAR MEETING
2023 SJMSCP DEVELOPMENT FEES
APPROVALS:
z- 2
Ric ' Caguiat Date
A istant Co munity Development Director
n
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Commun ty velopment Director
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Cari Ja Date
Finance ir ctor
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Salvador Navarrete Date
City Attorney
g•30-•ZZ
St en J. Salvatore Date
City Manager
248
RESOLUTION NO. 22 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP
APPROVING THE ANNUAL ADJUSTMENT TO THE SAN JOAQUIN COUNTY
MULTI- SPECIES HABITAT CONSERVATION AND OPEN SPACE PLAN SJMSCP) DEVELOPMENT FEE FOR 2023
WHEREAS, the City Council of the City of Lathrop adopted Ordinance No. 01- 194 establishing the authority for collection of a Development Fee for the San Joaquin County Multi- Species Habitat Conservation and Open Space Plan ( SJMSCP) for all new development pursuant to the SJMSCP within the City of Lathrop; and WHEREAS, a Fee Study" dated July 1, 2001 was prepared which analyzed and identifies the costs, funding, and cost- benefit of the San Joaquin County MultiSpecies Habitat Conservation and Open Space Plan; and WHEREAS, the purpose of the SJMSCP development fee is to finance the goals and objectives of the SJMSCP that include, but are not limited to preserve land acquisition, preserve enhancement, land management, and administration that compensate for such lands lost as a result of future development in the City of Lathrop and in San Joaquin County; and
WHEREAS, after considering the fee study and the testimony received at the public hearing, the Lathrop City Council approved said report; and further found that the future development in the City of Lathrop will need to compensate cumulative impacts to threatened, endangered, rare and unlisted SJMSCP covered species and other wildlife and compensation for some non- wildlife related impacts to recreation, agriculture, scenic values and other beneficial open space uses; and WHEREAS, an " Updated Fee Study" was prepared in 2006, 2011, 2016 and 2020 which analyzed and identified the costs and funding of the SJMSCP; and WHEREAS, the SJMSCP development fees are divided into three categories:
Category A - Acquisition; Category B - Enhancement; and Category C - Land Management/ Administration; and
WHEREAS, the SJMSCP development fees for the different habitat types is shown on Attachment 3 of the staff report; and
WHEREAS, to ensure that the SJMSCP development fees keep pace with inflation, annual adjustments are made to the fees based on the method previously adopted by the Lathrop City Council; and
WHEREAS, the method of annual adjustments was modified in 2011, 2016, and 2020; and
Resolution No. 22-
249
WHEREAS, the 2020 adjustment resulted in a minor change to category " A" with an adjustment to the easement to fee title percentage used in the fee model and category C" with pivoting to a more robust diversified endowment investment for higher return on investment.
NOW, THEREFORE, IT IS HEREBY RESOLVED, by the City Council of the City of Lathrop, as follows:
1. The City Council finds and declares that the purposes and uses of the development fee, and the determination of the reasonable relationship between the fees' uses and the type of development project on which the fees are imposed, are all established in Ordinance No. 01- 194, and remain valid, and the City Council therefore adopts such determinations.
2. The 2023 development fee for the three habitat types - natural land and agricultural lands, vernal pool habitat, and multi- purpose open space conversion, shall be as set forth in Attachment 3 of the staff report, incorporated by reference herein.
3. The fee provided in this resolution shall be effective on January 1, 2023 - December 31, 2023.
Resolution No. 22-
250
The foregoing resolution was passed and adopted this 10th day of October 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 Salva or Navarrete, City Attorney Resolution No. 22-
251
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ATTACHMENT " 3 "
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her`''`` k" u"' 2023 U dated Habitat Fees*
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Habitat Type Fee Per Acre VICE CHAIR
i"`" g`"," Multi-Pur ose O en S ace 9, 629
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v,en, h,. A,,,,_, Natural 19, 25 5
Es° Agriculture 19 255
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r" R° Vernal Pool - u lands 75, 320
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Agricultural Habitat Lands 769. 00 769. 97 6, 39
Natural Lands 5, 769. 00 769. 97 6, 539
Vernal Pool Habitat
6' ernal Pool Grasslands 14, 491. 00 1, 901. 76 16, 393 6' ernal Pool Wetted 117, 102. 00 1, 864. 45 118, 966
Effective January 1, 2023— December 31, 2023 in lieu of fees to be used as the endowment for the dedicated land preserves( Category B+ C) based on impacted acres.
VELB Mitigation
A special fee category shall apply when removal of the Valley Elderberry Long- horned Beatle VELB) habitat of elderberry shrubs occurs. The fee shall be paid to SJCOG, [ nc. or a VELB mitigation bank approved by the Permitting Agencies. The current fee, as established in the VELB Conservation Fund Account managed by the Center for Natural Lands Management, and approved by the USFWS, is $ 1, 800 per VELB Unit( one unit= one stem over l" in diameter at ground level which is removed). Fees shall be established by the JPA during preconstruction surveys( i. e., counts of stems to be removed with and without exit holes shall be completed during preconstruction surveys) and shall be paid to the JPA prior to gound disturbance or stem removal, whichever comes first. 253
254
ITEM 5. 2
CITY MANAGER' S REPORT
OCTOBER 10, 2022 CITY COUNCIL REGULAR MEETING
ITEM: PUBLIC HEARING ( PUBLISHED NOTICE) TO
CONSIDER VESTING TENTATIVE SUBDIVISION MAP
VTM- 22- 100 FOR THE QUEIROLO ROAD
SUBDIVISION PROJECT
RECOMMENDATION: Council to Consider the Following:
1. Hold a Public Hearing; and
2. Adopt a Resolution Approving Vesting Tentative
Subdivision Map ( VTM- 22- 100) for the Proposed
Queirolo Road Subdivision Project to Create 85
Single- Family Residential Lots
SUMMARY:
The applicant is requesting approval of a Vesting Tentative Subdivision Map to subdivide a 19. 98- acre parcel into eighty- five ( 85) individual residential lots with an average lot size of 3, 574 square feet per lot including a 3. 5- acre park. The map will serve as the basis for design and construction of the future homes.
The Planning Commission and staff recommend that the City Council consider all information provided and submitted, take and consider all public testimony and, if determined to be appropriate, adopt a Resolution to approve the Vesting Tentative Subdivision Map ( VTM- 22- 100) for the Queirolo Road Subdivision Project.
SITE DESCRIPTION:
The project site is located at the southwest corner of Sadler Oak Drive & Golden Valley Parkway and east of the San Joaquin River, within and subject to the Mossdale Landing South Urban Design Concept. The project is bounded by a residential subdivision to the north, legal non- conforming residential and vacant properties to the east, the San ) oaquin River to the west, and undeveloped property to the south.
The zoning of the property and surrounding areas are listed below:
Project Medium Density Residential ( RM- MV), Public Schools Parks Open Space Location P- MV , and Service Commercial CS- MV
North Medium Densit Residential RM- MV
East Service Commercial CS- MV
South Public Schools Parks Open Space ( P- MV) & Medium Density Residential RM- MV
The project site is currently vacant and undeveloped. There are no buildings or structures on the property and the site is physically suitable for the proposed development.
255
CITY MANAGERS REPORT PAGE 2
OCTOBER 10, 2022 CITY COUNCIL REGULAR MEETING
QUEIROLO ROAD SUBDIVISION
The applicant will be required to extend existing City utilities located in Sadler Oak Drive, south to serve this development ( i. e. sewer, water, and storm drainage). The project is also proposing to connect to the existing Mossdale Landing South Multi- Use Pedestrian/ Bicycle Trail along the San Joaquin River, which will further provide connectivity north into the Mossdale Landing community.
BACKGROUND:
In 2004, the City adopted the Mossdale Landing South Urban Design Concept, which included the certification of the Final Environmental Impact Report ( FEIR) ( SCH 2004052069). The property is located in Mossdale Landing South, which is a master- planned community consisting of approximately 400 dwelling units, 247, 000 square feet of service commercial, parks and open space with a total site area of approximately 106 acres. The Mossdale Landing South is part of the Mossdale Village, which includes the original Mossdale Landing & Mossdale Landing East, area encompassed by the West Lathrop Specific Plan.
On September 21, 2022, the Planning Commission held a public hearing on the proposed Vesting Tentative Subdivision Map ( VTM- 22- 100). After review and consideration of all information provided, and after taking and considering all public testimony, the Planning Commission voted unanimously ( 5- 0) to adopt PC Resolution No. 22- 10 ( Attachment 5) recommending the City Council approves the Vesting Tentative Subdivision Map VTM- 22- 100.
ANALYSIS:
Map Design & Development Standards
The Vesting Tentative Subdivision Map proposes to subdivide a 19. 98- acre parcel into eighty- five ( 85) residential lots ranging in size from 2, 200 to 6, 717 square feet. The project is consistent with the Medium Density Residential land use designation density requirement at eight ( 8. 3) units per acre ( range is 8- 15 units per acre). The site is suitable for the proposed development and the design and layout of the subdivision is consistent with the City' s general plan and zoning ordinances as well as the Mossdale Landing South Urban Design Concept. The project is required to adhere to the Medium Density Residential - Mossdale Village Development Standards ( RM- MV) for 2, 200 square foot minimum lot sizes. Staff reviewed the proposed lot dimensions and confirmed that they meet the minimum development standards. The applicant has also included an exhibit on sheet C3. 1 ( Attachment 4), which illustrates the setback requirements for the project.
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As proposed, Parcels " F" and G" will be created east of Golden Valley Parkway resulting from the roadway alignment. These parcels are currently zoned Service Commercial ( CS- MV) and will be conditioned as Designated Remainders" that are not developable until subsequent plans are provided to the City showing the parcels are viable for development in terms of access and utilities.
The applicant will be required to provide a list of proposed street names to staff. Staff will then review the proposed street names in coordination with the San Joaquin County 9- 1- 1 Coordinator, City of Ripon 9- 1- 1 Coordinator ( Lathrop Police Department Dispatch), and Lathrop- Manteca Fire District prior to Final Map approval.
Access & Improvements
The primary access to the project site will be from Sadler Oak Drive along the northern boundary of the project which connects to Golden Valley Parkway to the east. Additional access is provided by the southern extension of Inland Passage Way from Sadler Oak Drive along the west boundary of the project. The streets will be public and designed to be consistent with the Mossdale Landing South street cross sections. The applicant will also be required to fund the construction or construct the necessary improvements to Golden Valley Parkway and to construct an eight ( 8) foot Community Masonry Wall along Golden Valley Parkway. A Noise Analysis is required to determine whether a block wall or wood fence is needed along Sadler Oak Drive.
Frontage improvements such as sidewalk, curb, and gutter, pavement, streetlights, fire hydrants, driveway aprons, curb ramps, etc. will be constructed in accordance with City Standards.
Utilities
The project site will be required to extend the water and sewer utilities from Sadler Oak Drive to the project site. The project includes a storm drain bioretention basin located in the proposed park that will be connected to the City' s storm drain system.
The applicant will be required to purchase wastewater capacity as well as dedicate both Right- of-Way ( ROW) and Public Utility Easement ( PUE) as necessary prior to Final Map approval. Electric and natural gas service will be provided by Pacific Gas & Electric to the project site.
Park
As discussed above the project is proposing an approximate 3. 5- acre neighborhood park located in the southwest area of the project site. The proposed location is consistent with the exhibits depicted in the Mossdale Landing South Urban Design Concept. Additionally, Reclamation District 17, which oversees the maintenance of the levee along the San Joaquin River, has given approval for this project to allow connectivity to the existing levee trail, providing connection to the Mossdale Landing Subdivision area to the north.
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The design of the park will be reviewed by the Parks, Recreation & Maintenance and Public Works Departments prior to Final Map approval.
General Plan and Zoning Consistencx
As currently designed and conditioned, the project is a reasonable request that is consistent with the goals and policies of the General Plan and will comply with the requirements of the Zoning Ordinance and design standards of the RM- MV ( Medium Density Residential Mossdale Village), P- MV ( Public Schools Parks Open Space, Mossdale Village), and CS- MV ( Service Commercial, Mossdale Village) District development. The project is also consistent with the City' s subdivision ordinance, Mossdale Landing South Urban Design Concept, and the State Subdivision Map Act.
Public Notice
On September 29, 2022, a Notice of Public Hearing was advertised in the Manteca Bulletin and staff also mailed the public hearing notice on September 29, 2022 to notify property owners located within a 300- foot radius from the project site. In addition, the meeting agenda was also posted at our designated posting locations in the City and posted on the City' s website.
Conditions of A proval
Planning staff routed the project plans on August 11, 2022 to the Building Department, Public Works Department, Lathrop Police Department, and LathropManteca Fire District to ensure compliance with applicable codes and regulations. In addition Planning staff routed external referral to outside agencies and departments for review and comment on August 11, 2022. The City received comments from the following agencies:
San Joaquin County Multi- Species Habitat Conservation & Open Space Plan
SJMSCP)
San Joaquin Environmental Health Department ( SJC EHD)
San Joaquin Valley Air Pollution Control District ( SJVAPCD) Pacific Gas & Electric ( PGE)
Manteca Unified School District ( MUSD)
The SJMSCP letter states that the project is subject to the SJMSCP and is required to participate prior to ground disturbance. Conditional of Approval # 7 ( Planning), required the applicant to contact SJCOG for participation in the SJMSCP prior to ground disturbance. For reference the SJMSCP letter, dated August 11, 2022 is attached to the Conditions of Approval ( Attachment 2). 258
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The SJC EHD letter includes recommended Conditions of Approval related to welis and septic tanks that may be located at the project site. For reference, the SJC EHD letter, dated August 22, 2022, is attached to the Conditions of Approval ( Attachment 2).
The SJVAPCD letter includes the District' s requirements and recommendation for the project, including consistency with the requirements of District Rule 9510 ( Indirect Source Assessment), and to conduct a Health Risk Screening to identify potential Toxic Air Contaminants ( TACs) impact on surrounding sensitive receptors such as hospitals, daycare centers, schools, work- sites, and residences. Condition of Approval 8 ( Planning), required the applicant to contact SJVAPCD prior to ground disturbance and to comply with various District regulations. For reference the SJVAPCD letter dated, August 31, 2022 is attached to the Conditions of Approval ( Attachment 2).
The PGE letter included standard development comments in regards to possible easements being located within the project site.
The MUSD letter identified the District' s plan for future school funding. As requested staff provided a copy of the letter to the applicant.
CEQA REVIEW:
The environmental impacts of the Mossdale Landing South project were addressed in a certified Final Environmental Impact Report ( FEIR) ( SCH # 2004052069) as well as the West Lathrop Specific Plan Final Environmental Impact Report ( FEIR) SCH# 93112027). The City has determined that the potential environmental effects of the proposed project falls within the scope analyzed in both EIR' s and no new or substantially increased significant environmental impacts that were not previously analyzed would occur as a result of the project; therefore, no further environmental review is required in compliance with the California Environmental Quality Act CEQA).
RECOMMENDATION:
The Planning Commission and staff recommend that the City Council consider all information provided and submitted, take and consider all public testimony and, if determined to be appropriate, adopt a Resolution to approve the Vesting Tentative Subdivision Map ( VTM- 22- 100) for the Queirolo Road Subdivision Project.
FISCAL IMPACT:
All application processing fees and costs are charged to the applicant. The request has no fiscal impact to the City.
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ATTACHMENT:
1. City Council Resolution Approving Vesting Tentative Subdivision Map ( VTM- 22- 100).
2. Consolidated Conditions of Approval dated September 21, 2022
3. Vicinity Map
4. Vesting Tentative Subdivision Map Plan Set
5. Planning Commission Resolution No. 22- 10 Recommending City Council Approval 260
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APPROVALS:
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Assistant Pla er
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Ri ardo Cag t Da e
ssistant C mmunity Development Director
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Comm nity Development Director
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Brad ylor Da e
City Engineer
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Salvador Navarrete Date
City Attorney
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Ste n ]. Salvatore Date
City Manager
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RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING VESTING TENTATIVE SUBDIVISION MAP ( VTM- 22- 100) FOR THE PROPOSED QUEIROLO ROAD SUBDIVISION PR07ECT
WHEREAS, the City of Lathrop City Council held a duly noticed public hearing on October 10, 2022 and proper public notice of this meeting was given in all respects as required by law to consider the Queirolo Road Vesting Tentative Subdivision Map ( VTM22- 100) project pursuant to the Lathrop Municipal Code; and WHEREAS, the property site is located at 18401 Queirolo Road ( APN: 241- 020- 63); and
WHEREAS, the subject site is located in a Medium Density Residential, Neighborhood Park, and Service Commercial General Plan designation, Medium Density Residential, Public Schools Parks Open Space, and Service Commercial Zoning District within the Mossdale Landing South Urban Design Concept; and WHEREAS, the environmental impacts of the Mossdale Landing South Urban Design Concept project were addressed in a certified Final Environmental Impact Report FEIR) ( SCH # 200452069) as well as the West Lathrop Specific Plan Final Environmental Impact Report ( FEIR) ( SCH # 93112027); and
WHEREAS, by Adopting Resolution No. 21- 4923 based on substantial evidence in the record, City Council, acting as the leas agency, adopted Adequate Progress Findings toward providing a 200- year Urban Level of Flood Protection in the Reclamation District 17 basin by the year 2028; and
WHEREAS, the requirements and conditions of this resolution are reasonable in preserving, protecting, providing for, and fostering the health, safety, and welfare of the citizenry in general, and the persons who work in or visit the development in particular; and
WHEREAS, section 16. 12. 050 of the Lathrop Municipal Code mandates the Planning Commission transmittal of a recommendation to the City Council by Resolution.
On September 21, 2022 the Planning Commission held a public hearing and voted unanimously ( 5- 0) to recommend the City Council approve the Queirolo Road Vesting Tentative Subdivision Map ( VTM- 22- 100); and
WHEREAS, the City Council has reviewed all written evidence and oral testimony presented to date.
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NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Lathrop does hereby make the following findings:
1. The location of the proposed project is consistent with the objectives of the zoning code and the purpose of the district in which the site is located. The proposed use is consistent with the standards for the Medium Density Residential, Mossdale Village ( RM- MV), Public Schools Parks Open Space, Mossdale Village ( P- MV), and Service Commercial, Mossdale Village ( CS- MV) Zoning District. The use is compatible with surrounding land uses and will not be detrimental to the health, safety or general welfare of the City.
2. The proposed project will comply with each of the applicable provisions of Mossdale Landing South Urban Design Concept, Medium Density Residential - Mossdale Village Development standards for 2, 200 square foot minimum lot sizes. As conditioned, the project will also comply with the General Plan, Zoning Ordinance, City' s Subdivision Ordinance, State Subdivision Map Act, and various federal, state and local standards applicable to the project. The Conditions of Approval address Planning, Building, and Fire Department requirements.
3. The proposed Vesting Tentative Subdivision Map environmental impacts have been addressed in both the certified Final Environmental Impact Report ( FEIR) SCH # 200452069) for the Mossdale Landing South project and the certified Final Environmental Impact Report ( FEIR) ( SCH # 93112027) for the West Lathrop Specific Plan.
4. The City Council, acting as the land use agency, adopted Resolution No. 21- 4923 based on substantial evidence in the record, adopted Adequate Progress Findings towards providing a 200- year Urban Level of Flood Protection in the Reclamation District 17 basin by the year 2028.
BE IT FURTHER RESOLVED that the City Council of the City of Lathrop does hereby make the following findings regarding the proposed Vesting Tentative Subdivision Map per Government Code Section 66474 of the Subdivision Map Act:
1. The proposed Queirolo Road Vesting Tentative Subdivision Map is consistent with the General Plan. The proposed map is a residential subdivision that implements the land use objectives in the Lathrop General Plan.
2. The design or improvements of the subdivision proposed in the Queirolo Road Vesting Tentative Subdivision Map are consistent with the Genera/ Plan. As conditioned, the design of the map and proposed utility and improvements are consistent with the requirements of the General Plan. All required improvements are conditioned to comply with the City' s standards and specifications.
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3. The site is physically suitable for the proposed residential development. The site is designated as Medium Density Residential, Neighborhood Park, and Service Commercial land uses in the General Plan. The applicant and staff have worked closely to ensure the map and its conditions of approval address public infrastructure and public services for the development of the propose residential development.
4. The site is physically suitable for the proposed density of development. The Lathrop General Plan identifies the project area to allow for single- family residential development. The map satisfies the Medium Density requirement at 8. 3 units per acre ( 8- 15 units per acre) and meets the minimum standards for lot widths and lot depths. Development of the site will comply with the requirements set forth in the Mossdale Landing South Urban Design Concept, Medium Density Residential - Mossdale Village Development Standards for 2, 200 square foot minimum lot sizes.
5. The design of the subdivision and the proposed improvements will not cause substantial environmental damage or substantially injure fish or wildlife or their habitat. As stated above the environmental impacts of the Mossdale Landing South project were addressed in a certified Final Environmental Impact Report ( FEIR) ( SCH # 200452069) as well as the West Lathrop Specific Plan Final Environmental Impact Report ( FEIR) ( SCH # 93112027).
6. The design of the subdivision and proposed improvements will not cause serious public health problems. The development of the project would not involve a range of potentially significant effects on public health and safety. As stated above the project environmental impact of the Mossdale Landing South project were addressed in a certified Final Environmental Impact Report ( FEIR) SCH # 200452069) as well as the West Lathrop Specific Plan Final Environmental Impact Report ( FEIR) ( SCH # 93112027).
7. The design of the subdivision and proposed improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. The design of the subdivision does not conflict with any public easements for access through or use of property within the subdivision. Conditions of approval are included to dedicate land, right of way and to provide easements where necessary for public access, utilities, and infrastructure.
BE IT FURTHER RESOLVED that the City Council of the City of Lathrop based on substantial evidence in the administrative record of proceedings, its findings above and pursuant to its independent review and consideration, does hereby approve the Queirolo Road Vesting Tentative Subdivision Map ( VTM- 22- 100), subject to the Consolidated Conditions of Approval dated September 21, 2022 listed as Attachment # 2 of the Staff Report for this item, incorporated by reference herein.
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PASSED AND ADOPTED by the City Council of the City of Lathrop at a regular meeting on the lOth day of October, 2022 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
SONNY DHALIWAL, MAYOR
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney Resolution No. 22- Page 4 of 4
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City of
L' 1f'
Community Development Department — Planning Division
Consolidated Conditions of Approval
September 21, 2022
Project Name: Queirolo Road Vesting Tentative Subdivision Map File Number: Vesting Tentative Map No. VTM- 22- 100
Project Address: 18401 Queirolo Road ( APN: 241- 020- 63) The following[ ist of conditions shall be incorporated into the final construction plans and development phases ofthe project.
The list of conditions are not intended to be all-incl ssive or a comprehensive listirig of all Ciry or district regulations. The following comments and conditions of approval are based on the exhibits and diagrams dated August 3, 2022.
DESCRIPTION
The applicant is requesting approval of a Vesting Tentative Subdivision Map to subdivide a 19. 98- acre parcel into eighty- five ( 85) residential lots with an average lot size of 3, 574 square feet including a 3. 5- acre park located south of Sadler Oak Drive and west of Golden Valley Parkway. The project site is within the Medium Density Residential ( RM- MV), Public Schools Parks Open Space ( P- MV), and Service Commercial( CS- MV) zoning districts and is consistent with the West Lathrop Specific Plan and the Mossdale Landing South Urban Design Concept. The project is proposing installation of four new public streets as well as extending public utilities from Sadler Oak Drive.
CEQA Determination
The environmental impacts of the Mossdale Landing South project were addressed in a certified Final Environmental Impact Report( FEIR) ( SCH# 2004052069) as well the West Lathrop Specific Plan Final Environmental Impact Report ( FEIR) ( SCH # 93112027). The City has determined that the potential environmental effects of the proposed project falls within the scope of both FEIR' s and no new substantially increases significant environmental impacts that were not previously analyzed would occur as a result of the project; therefore no further environmental review is required in compliance with the California Environmental Quality Act (CEQA).
PLANNING
1. The Mitigation Monitoring and Reporting Program ( MMRP) set forth in the Final EIR for the Mossdale Landing South Urban Design Concept that are applicable to the project site, are incorporated herein by reference as part of these Conditions of Approval ( enclosed).
2. Parcels " F" and " G" as shown on the Vesting Tentative Subdivision Map are not designated for development at this time. As such, these parcels will be labeled " Designated Remainders" on the Final Map. Future Final Map( s) shall be approved with Conditions of Approval specific to the development of Parcels " F" and " G".
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3. The applicant shall construct an eight ( S) foot Community Masonry Wall ( CMU) along the eastern boundary of the project site adjacent to Golden Valley Parkway.
4. The applicant shall prepare a Noise Barrier Assessment to determine the required noise barrier along Sadler Oak Drive.
5. The applicant shall provide a list of street names for City review prior to Final Map recordation.
6. In the event clarification is required for these Conditions of Approval, the Community Development Director and the Public Works Director shall have the authority to administratively clarify the intent and wording of these Conditions of Approval without the requirement of a public hearing or to refer questions regarding the interpretation of these Conditions of Approval to the City Council. If an applicant takes issue with the clarification provided administratively, the applicant shall have the right to appeal, the administrative clarification to the City Council. The Community Development Director and Public Works Director also shall have the authority to make minor modifications to these Conditions without a public hearing, provided such modifications are made at the request of an applicant and are consistent with and in furtherance of the underlying intent of the condition being modified.
7. The applicant shall comply with all architectural and design criteria set forth in the Mossdale Landing South Urban Design Concept.
8. The applicant shall complete the Architectural Design Review process with the City prior to submittal of the Construction Drawings (Master Plans) to the Building Department.
9. Prior to any ground disturbance, the project shall consult with the San Joaquin County Multi-Species Habitat Conversation and Open Space Plan ( SJMSCP) for biological coverage, mitigation and participation in the plan. Participation in the SJMSCP satisfies requirements for both the State and Federal endangered species acts, and ensures that the impact are mitigated below a level of significance in compliance with the California Environmental Quality Act (CEQA).
10. The applicant shall coordinate with the San Joaquin Valley Air Pollution Control District to comply with District rules and regulations including but not limited to Rule 8021, Dust Control Plan, Rule 9510, Indirect Source Review, etc. The applicant shall provide proof of compliance prior to building permit issuance.
ll. The Final Map shall be in substantial conformance with the approved Vesting Tentative Subdivision Map, as conditioned, and future development shall be consistent with applicable sections of the Lathrop Municipal Code.
12. The applicant is responsible for contacting all appropriate utility companies to obtain their agreement for extension and/ or relocation of services necessary to final the proposed Vesting Tentative Subdivision Map.
13. The applicant shall disclose LMC Chapter 15. 48 Agricultural Land Preservation, also commonly referred to as " Right- to- Farm" during the sale of lots within the project area. This provision shall include all properties on site which may be impacted or affected by on- going farming operations.
14. Any activity authorized by this Vesting Tentative Subdivision Map shall constitute acceptance of all of the conditions and obligations imposed by the City on this Vesting Tentative Subdivision Map. The applicant( s), by said acceptance of these Conditions, waives any challenge as to the validity of these conditions.
15. Unless otherwise specified, all conditions of approval shall be complied with prior to issuance of any Building Permits.
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16. The Vesting Tentative Subdivision Map shall expire twenty-four ( 24) months from the date of approval unless a time extension is granted consistent with the policies and procedures of the Lathrop Municipal Code and the Subdivision Map Act.
BUILDING
1. All construction shall comply with the most recent adopted City and State building codes, currently:
2019 California Building Code
2019 California Residential Code
2019 California Electrical Code
2019 California Mechanical Code
2019 California Plumbing Code
2019 California Fire Code
2019 California Green Code
2. Dimensioned building setbacks and property lines, street centerlines and between buildings or other structures shall be designed on plot plan.
3. All property lines and easements must be shown on plot plan. A statement that such lines and easements are shown is required.
4. The project design will conform with energy conservation measures articulated in Title 24 of the California Code of Regulations and address measures to reduce energy consumption such as flow restrictors for toilets, low consumptions light fixtures, and insulation and shall use to the extent feasible draught landscaping.
PUBLIC WORKS
1. Sewer
a. Prior to approval of the first final map, the applicant shall prepare a wastewater collection system design report. The design report shall identify any distribution pipes and pump stations necessary to convey the wastewater to the nearest collection point as well as analyze the existing collection system for capacity and conveyance of this project' s wastewater to the Combined Treatment Facility ( CTF). Pump station facilities shall be connected to the City' s SCADA system via fiber optic connection.
b. Prior to or concurrent with approval of the first final map, the applicant shall purchase sufficient wastewater treatment, starage ( if necessary), and disposal ( if necessary) capacity for the Project using the most current wastewater generation factor from the City Standards. c. Prior to building permit issuance, the applicant shall pay all wastewater related Capital Facility Fees ( CFF) and reimbursements.
2. Recycled Water
a. All public irrigation shall be supplied with recycled water. The applicant shall install recycled water mains, backflow preventers and meters as necessary. 3of8 :' .
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3. Water
a. Prior to approval of the first final map, the applicant shall prepare a potable water system design report. The design report shall identify any distribution pipes and other improvements necessary to convey water to the Project as well as modelling to ensure that the existing City water system is sized to provide sufficient flow and pressure to the Project. b. Prior to or concurrent with approval of the first final map, the applicant shall purchase sufficient water capacity for the project using the most current water use factor from the City Standards.
c. Prior to building permit issuance, the applicant shall pay all water related Capital Facility Fees ( CFF) and reimbursements.
4. Storm Water
a. Prior to approval of the first final map, the applicant shall prepare a storm drain system design report. The design report shall identify the necessary storm drain infrastructure for the Project including collection and conveyance systems, storage basins, storm water treatment, pump stations and ensure that the existing City storm water system, pump stations, detention basins and outfall structures are sufficient to accommodate the storm water from this Project. Pump station facilities shall be connected to the City' s SCADA system via fiber optic connection. b. Prior to building permit issuance, the applicant shall pay all storm water related Capital Facility Fees ( CFF) and reimbursements.
5. Public Improvements/ Traffic
a. Prior to approval of the first final map, the applicant shall prepare a traffic queue, level of service and traffic control device warrant technical memorandum for any intersection that may be impacted by the Project. The applicant shall improve roadways and/ or construct traffic control devices such as traffic signals, signs or striping if any deficiencies are identified as an impact of the Project.
b. Traffic signal for Golden Valley Parkway& Sadler Oak: The applicant shall either construct this traffic signal if it is warranted with the additional trips from the Project or contribute '/ a of the total cost of the traffic signal to the City prior to approval of the first final map. c. With the first final map, the applicant shall dedicate all necessary right of way, public utility easement and any other easements necessary to construct the adjacent roadways as determined by the City for Golden Valley Parkway, Sadler Oak Drive and any internal public roads.
d. Golden Valley Parkway Improvements: For any portion of the roadway along the frontage of a developable parcel, the applicant shall be responsible to construct or fund the construction of water, sewer, storm water and recycled water mains, curb, gutter, sidewalk, outside lane pavement, signing, striping, parkway strip landscaping, median lighting and any other improvement necessary to facilitate the mobility of vehicles along the frontage of the Project. Depending on the street cross section needed for the planned Golden Valley Parkway bridge that will cross the San Joaquin River south of the Project, the applicant may be required to install an alternate version or portions of the cross section shown in the Mossdale Landing South Urban Design Concept however, the improvement scope and cost will not exceed the original obligation.
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If the applicant funds the construction of the improvements, the applicant shall provide a cash deposit for a value agreed upon by the City Engineer prior to Final Map Recordation. e. Sadler Oak Drive Improvements: The applicant shall construct curb, gutter, sidewalk, landscaping, streetlights, new intersections and repair any existing pavement along the frontage of the Project.
f. All new and existing utilities under 34. 5 kVA shall be placed underground within, adjacent to and across the frontage of the Project.
6. General Comments
a. With the first final map, applicant shall enter into a Subdivision Improvement Agreement SIA) with the City for all public improvements including any offsite utility ar roadway improvements that are needed to serve the Project. Applicant shall provide performance 110%) and labor and materials ( 50%) securities to guarantee the Project improvements, approved by the City Engineer, prior to the execution of the SIA and approval of the first final map.
b. All water meters shall be within the public right of way or public utility easement. City shall not maintain water and sewer system lines beyond existing main line stub outs or on private property, unless otherwise agreed to by the City.
c. With any final map, applicant shall dedicate or otherwise convey to the City all groundwater rights underlying the Project area.
d. Applicant can enter into a reimbursement agreement with the City for construction cost reimbursement of any infrastructure that provides a regional benefit. e. Prior to approval of the first final map, the applicant shall make provision for the maintenance of public infrastructure by creating or entering into ( if existing) a Community Facilities District.
f. The applicant shall retain the services of a California licensed civil engineer to design the improvements and utility plans for sewer, water storm drain lines and systems. g. The applicant shall ensure that all off-site and on- site improvements comply with City Standards.
h. Hydrology and hydraulic calculations and plans for on- site storm water system shall be submitted to the City for review and approval.
i. The applicant shall execute a maintenance agreement for all onsite storm water quality treatment devices, swales and/ or ponds.
j. The applicant shall install as part of their onsite improvement all necessary Best Management Practices ( BMP' s) for post construction in accordance with City guidelines and standards.
The BMP' s must be in place prior to final occupancy.
k. The applicant shall pay all appropriate fees including but not limited to Levee Impact Fee, Capital Facilities Fees, and Plan Check and Inspection Fees. l. A geotechnical report shall be submitted for the project, which includes groundwater elevations, percolation rates for retention basins, soil compaction requirements, and recommendations for asphalt paving.
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m. Grading and other construction activities that may cause dust shall be watered to control dust at the City Engineer' s direction. A water vehicle shall be available for dust control. n. operations. at all times during grading operations. The adjacent public street shall be kept free and clean of any project dirt, mud, materials, and debris. o. The applicant shall provide a separate demolition plan and apply for a demolition permit for any existing buildings.
p. All improvements shall be designed and constructed per the most current City Standards.
LATHROP- MANTECA FIRE DISTRICT ( LMFD)
1. The project must conform to the appropriate edition of the California Fire Code and the California Residential Code ( currently the 2019 edition) and all related standards.
2. Permits shall be obtained from the LMFD official. Permit( s) and fees, if any, shall be paid prior to issuance of any and/ or all permits. Issued permits shall be kept on the premises designated therein at all times and shall be readily available for inspection by LMFD official.
3. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be surfaced so as to provide all- weather driving capabilities. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet ( 6096 mm), exclusive of shoulders, except for approved security gates in accordance with Section 503. 6, and an unobstructed vertical clearance of not less than 13 feet 6 inches ( 4115 mm). Adequate turnaround shall be provided per City of Lathrop City Standards and Appendix D of the 2019 CFC.
4. Where access to the development is restricted because of secured openings or where immediate access is necessary for life- saving or fire-fighting purposes, a key box is required to be installed in an approved location. The key box shall be of an approved type and shall contain keys to gain necessary access as required by the fire code official.
5. Where a portion of the added street is constructed more than 200 feet ( 122 m) from a hydrant on a fire apparatus access road, as measured by an approved route, an additional fire hydrant and main shall be provided. NOTE: provide exact locations and distances of existing hydrants in the area. 2019 CFC Appendix C, and City of Lathrop Water System Standards)
6. Approved vehicle access for firefighting shall be provided to all construction or demolition sites.
Vehicle access shall be provided to within 100 feet ( 30 480 mm) of temporary or permanent fire department connections. Vehicle access shall be provided by either temporary or permanent roads, capable of supporting vehicle loading under all weather conditions. Vehicle access shall be maintained until permanent fire apparatus access roads are available.
7. An approved water supply for fire protection, either temporary or permanent, shall be made available prior to commencing construction beyond the foundation stage, or as soon as combustible material arrives on the site.
8. All residential structures shall be Fire Sprinkler protected, as per the City of Lathrop' s Fire Sprinkler Ordinance, 2019 California Fire Code, California Residential Code and the 2019 California Building Standards Codes. Fire suppression system plans shall be modified under separate fire permit and shall be submitted by a licensed fire contractar, to the (AHJ) Fire District for review and approval prior to installation. Deferred submittal accepted. 6of8 ':' t_ t
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9. Final approval is subject to field inspections. Minimum 48 hour notice required prior to any lifesafety fire inspections. Other conditions may apply at time of inspections and are subject to correction.
LATHROP POLICE DEPARTMENT
1. All conditions are subject to approval by both the Police Chief and Fire Chief collaboratively.
2. Landscaping installed for the proposed park shall conform to standard CPTED Measurements:
a. Maintain natural visible surveillance to building from parking lot and street. b. Plans taller than 8 feet shall be trimmed up 4 feet from ground. c. Plants under 8 feet shall be trimmed to allow ground level surveillance.
ADMINISTRATIVE SERVICES
l. By exercising this Permit, the applicant hereby agrees to indemnify, hold harmless and defend the City, its officers, agents, elected and appointed officials, and employees, from any and all liability or claims that may be brought against the City arising out of its approval of this Vesting Tentative Subdivision Map to the fullest extent permitted by law.
SAN JOAQUIN COUNTY MULTI- SPECIES HABITAT CONSERVATION & OPEN SPACE PLAN
See attached memo dated August 11, 2022
SAN JOAQUIN COUNTY ENVIORNMENTAL HEALTH DEPARTMENT
See attached memo dated August 22, 2022
SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT
See attached memo dated August 31, 2022
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S JCOG, Inc.
555 East Weber Avenue • Stockton, CA 95202 • ( 209) 235- 0600 • FAX( 209) 235- 0435 Snn Joaquin Coicnh Multi- Species Hnbitc t Conservation F Open Space Plnn ( SJMSCP)
SJMSCP RESPONSE TO LOCAL JURISDICTION( RTLJ)
ADVISORY AGENCY NOTICE TO SJCOG, Inc.
To: Trent DaDalt, City of Lathrop, Community Development Department From: Laurel Boyd, SJCOG, Inc. Phone: ( 209) 235- 0574 Email: boyd@sjcog. org Date: August 11, 2022
Local Jurisdiction Project Title: Queirolo Road Subdivision Project( VTM-22- 100) Assessor Parcel Number( s): 241-020 3
Local Jurisdiction Project Number: VTM- 22- 100
Total Acres to be converted from Open Space Use: Unknown Habitat Types to be Disturbed: Multi- Purpose Open Space Habitat Land Species Impact Findings: Findings to be determined by SJMSCP biologist.
Dear Mr. DaDalt:
SJCOG, Inc. has reviewed the project referral for the Queirolo Road Subdivision Project. This project consists of a Vesting Tentative Map to subdivide a 19. 98-acre parcel into 85 residential lots including a 3. 5- acre park. The property is currently zoned RM- MV ( Medium Density Residential, Mossdale Village), P- MV ( Public Schools Parks Open Space, Mossdale Village) and CS- MV (Service Commercial, Mossdale Village) and is located within the Mossdale Landing South Urban Design Concept ( UDC). The property also has a General Plan designation of MD ( Medium Density Residential) with a density of 8- 15 dwelling units/ acres, NP ( Neighborhood Park), and SC ( Service Commercial). Associated site improvements would include utility connections from Sadler Oak ( north of the project), installation of various public streets throughout the project, installation of the required Golden Valley Parkway frontage, as well as curb, gutter sidewalk, landscaping, off- street parking, etc. and frontage improvements along Sadler Oak and Golden Valley Parkway. The project site is located at 18401 Queirolo Road, Lathrop ( APN: 241- 020- 63).
The City of Lathrop is a signatory to San Joaquin County Multi-Species Habitat Conservation and Open Space Plan SJMSCP). Participation in the SJMSCP satisfies requirements of both the state and federal endangered species acts, and ensures that the impacts are mitigated below a level of significance in compliance with the California Environmental Quality Act ( CEQA). The OCAL JURISDICTION retains responsibility for ensuring that the appropriate Incidental Take Minimization Measure are properly implemented and monitored and that appropriate fees are paid in compliance with the SJMSCP. Although participation in the SJMSCP is voluntary, Local Jurisdiction/ Lead Agencies should be aware that if project applicants choose against participating in the SJMSCP, they will be required to provide alternative mitigation in an amount and kind equal to that provided in the SJMSCP.
This Project is subject to the SJMSCP. This can be up to a 30 day process and it is recommended that the project applicant contact SJMSCP staff as early as possible. It is also recommended that the project applicant obtain an information package. http:// www. sicog. orq
Please contact SJMSCP staff regarding completing the following steps to satisfy SJMSCP requirements:
Schedule a SJMSCP Biologist to perform a pre-construction survey prior to any ground disturbance SJMSCP Incidental take Minimization Measures and mitigation requirement:
I. Incidental Take Minimization Measures( ITMMs) will be issued to the project and must be signed by the project applicant prior to any ground disturbance but no later than six( 6) months from receipt of the[ TMMs If[ TMMs are not signed within six months, the applicant must reapply for SJMSCP Coverage. Upon receipt of signed[ TMMs from project applicant, SJCOG, Inc. staff will sign the ITMMs. This is the effective date of the ITMMs.
2. Under no circumstance shall ground disturbance occur without compliance and satisfaction of the ITMMs.
3. Upon issuance of fully executed ITMMs and prior to any ground disturbance, the project applicant must:
a. Post a bond for payment of the applicable SJMSCP fee covering the entirety of the project acreage being covered( the bond should be valid for no longer than a 6 month period); or b. Pay the appropriate SJMSCP fee for the entirety of the project acreage being covered; or 273
2 S . 1COC; . inc: .
c. Dedicate land in- lieu of fees, either as conservation easements or fee title; or d. Purchase approved mitigation bank credits.
4. Within 6 months from the effective date of the ITMMs or issuance of a building permit, whichever occurs first, the project applicant must a. Pay the appropriate SJMSCP for the entirety of the project acreage being covered; or b. Dedicate land in- lieu of fees, either as conservation easements or fee title; or c. Purchase approved mitigation bank credits.
Failure to satisfy the obligations of the mitigation fee shall subject the bond to be called.
Receive your Certificate of Payment and release the required permit lt should be noted that if this project has any potential impacts to waters of the United States( pursuant to Section 404 C/ ean WaterActJ, it would require the project to seek voluntary coverage through the unmapped process under the SJMSCP which could take up to 90 days. It may be prudent to obtain a preliminary wetlands map from a qualified consultant. If waters of the United States are confirmed on the project site, the Corps and the Regiona/ Water Quality Control Board( RWQCB) would have regulatory authority over those mapped areas( pursuant to Section 404 and 401 of the Clean WaterAct respectivelyJ and permits would be required from each of these resource agencies prior to grading the project site.
If you have any questions, please call ( 209) 235- 0600. 274
3 . iC` OCi . Inc .
S JCOG, Inc.
San Joagrrin Coirnty Trrlti- Specie. r HaGitat Cotzserr ation O en S ace Plr rt 555 East Weber Avenue Stockton, CA 95202 • ( 209) 235- 0600 • FAX( 209) 235- 0438
SJMSCP HOLD
TO: Local Jurisdiction Communitv Development Department Planninq Department Buildinq Department, Enqineerinq Department, Survev Department. Transportation Department Other:
FROM: Laurel Boyd, SJCOG, Inc.
The landowner/ developer for this site has requested coverage pursuant to the San Joaquin County MultiSpecies Habitat Conservation and Open Space Plan ( SJMSCP). In accordance with that agreement, the Applicant has agreed to:
1) SJMSCP Incidental Take Minimization Measures and mitigation requirement:
L [ ncidental Take Minimization Measures( ITMMs) will be issued to the project and must be signed by the project applicant prior to any ground disturbance but no later than six( 6) months from receipt of the ITMMs.
If[ TMMs are not signed within six months, the applicant must reapply for SJMSCP Coverage. Upon receipt of signed ITMMs from project applicant, SJCOG, Inc. staff will sign the ITMMs. This is the effective date of the ITMMs.
2. Under no circumstance shall ground disturbance occur without compliance and satisfaction of the ITMMs.
3. Upon issuance of fully executed ITMMs and prior to any ground disturbance, the project applicant must:
a. Post a bond for payment of the applicable SJMSCP fee covering the entirety of the project acreage being covered( the bond should be valid for no longer than a 6 month period); or b. Pay the appropriate SJMSCP fee for the entirety of the project acreage being covered; or c. Dedicate land in- lieu of fees, either as conservation easements or fee title; or d. Purchase approved mitigation bank credits.
4. Within 6 months from the effective date of the ITMMs or issuance of a building permit, whichever occurs first, the project applicant must:
a. Pay the appropriate SJMSCP for the entirety of the project acreage being covered; or b. Dedicate land in- lieu of fees, either as conservation easements or fee title; or c. Purchase approved mitigation bank credits.
Failure to satisfy the obligations of the mitigation fee shall subject the bond to be called.
Project Title: Queirolo Road Subdivision Proiect (VTM- 22- 100 Assessor Parcel# s: 241- 020- 63
T R Section( s):
Local Jurisdiction Contact: Trent DaDalt
The LOCAL JURISDICTION retains responsibility for ensuring that the appropriate Incidental Take Minimization Measures are properly implemented and monitored and that appropriate fees are paid in compliance with the SJMSCP. 275
S Q N;`_ O A Q U I N
Environmental Health Department
C O U N T Y---- Jasjit Kang, REHS, Director
Munlappa Naldu, REHS, Assistant Director
t' }' r' p
PRQGRAM COORDINATORS
Robert McClelbn, REHS
Jeft Carcuesco, REHS, RDI
Willy Ng, REHS
Steve Shih, REHS
Michelle Henry, REHS
Elena Manzo, REHS
August 22, 2022
To: City of Lathrop Community Development Department Planning Division Attention: Trent DaDalt
From: Aldara Salinas; 209- 616- 3019
Environmental Health Specialist
RE: VTM- 22-100, Referral, SU0015103
18401 Queirolo Rd., Lathrop
The San Joaquin County Environmental Health Department ( EHD) recommends the following conditions as a part of developing this project:
1. Destroy any abandoned well( s) under permit and inspection by the Environmental Health Department as required by San Joaquin County Development Title, Section 9- 1115. 5( e).
2. Open, pump, and backfill any septic tank( s), seepage pit or excavation under permit and inspection by the Environmental Health Department ( San Joaquin County Development Title, Section 9- 1110. 3 9- 1110.4).
3. Any geotechnical drilling shall be conducted under permit and inspection by The Enviranmental Health Department ( San Joaquin County Development Title, Section 9- 1115. 3 and 9- 1115. 6). 1868 E. Nazelton Avenue Stockton, California 85205 T 209 468-3420 F 209 464- 0138 www. sjgov. org/ ehd 276
r tur o co c c o c HEALTHY R LIUING.
August 31, 2022
Trent DaDalt
City of Lathrop
Community Development Department
390 Towne Centre Drive
Lathrop, CA 95330
Project: Queirolo Road Subdivision, TVM- 22- 100
District CEQA Reference No: 20221129
Dear Mr. DaDalt>:
The San Joaquin Valley Air Pollution Control District ( District) has reviewed the Vesting Tentative Map No. VTM 22- 100 from the City of Lathrop ( City). Per the Vesting Tentative Map, the project consists of subdividing a 19. 98- acre parcel into 85 residential lots including a 3. 5- acre park. ( Project). The Project is located at 18401 Queirolo Road, Lathrop, CA.
The District offers the following comments regarding the Project:
1) Proiect Related Emissions
At the federal level under the National Ambient Air Quality Standards ( NAAQS), the District is designated as extreme nonattainment for the 8- hour ozone standards and serious nonattainment for the particulate matter less than 2. 5 microns in size PM2. 5) standards. At the state level under California Ambient Air Quality Standards CAAQS), the District is designated as nonattainment for the 8- hour ozone, PM10, PM2. 5 standards.
Based on information provided to the District, Project specific annual criteria pollutant emissions from construction and operation are not expected to exceed any of the significance thresholds as identified in the DistricYs Guidance for Assessing and Mitigating Air Quality Impacts ( GAMAQI):
https:// www.vallevair.orq/ transportation/ GAMAQI. pdf. s sn n
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277
San Joaquin Valley Air Pollution Contro/ District Page 2 of 7 District Reference No: 20221129
Augusf 31, 2022
1a) Construction Emissions
The District recommends, to reduce impacts from construction- related diesel exhaust emissions, the Project should utilize the cleanest available off-road construction equipment, including the latest tier equipment. 2) Health Risk Screeninq/ Assessment
The City should evaluate the risk associated with the Project for sensitive receptors residences, businesses, hospitals, day- care facilities, health care facilities, etc.) in the area and mitigate any potentially significant risk to help limit exposure of sensitive receptors to emissions.
To determine potential health impacts on surrounding receptors ( residences, businesses, hospitals, day- care facilities, health care facilities, etc.) a Prioritization and/ or a Health Risk Assessment ( HRA) should be performed for the Project. These health risk determinations should quantify and characterize potential Toxic Air Contaminants ( TACs) identified by the Office of Environmental Health Hazard Assessment/ California Air Resources Board ( OEHHA/ CARB) that pose a present or potential hazard to human health.
Health risk analyses should include all potential air emissions from the project, which include emissions from construction of the project, including multi-year construction, as well as ongoing operational activities of the project. Note, two common sources of TACs can be attributed to diesel exhaust emitted from heavy- duty off-road earth moving equipment during construction, and from ongoing operation of heavy- duty on- road trucks.
Prioritization ( Screeninq Health Risk Assessment):
A " Prioritization" is the recommended method for a conservative screening- level health risk assessment. The Prioritization should be performed using the California Air Pollution Control Officers Association' s ( CAPCOA) methodology.
The District recommends that a more refined analysis, in the form of an HRA, be performed for any project resulting in a Prioritization score of 10 or greater. This is because the prioritization results are a conservative health risk representation, while the detailed HRA provides a more accurate health risk evaluation.
To assist land use agencies and project proponents with Prioritization analyses, the District has created a prioritization calculator based on the aforementioned CAPCOA guidelines, which can be found here:
http:// www. vallevair. orq/ busind/ pto/ emission factors/ Criteria/ Toxics/ Utilities/ PRIORI TIZATION- CALCU LATOR. xIs
278
San Joaquin Valley Air Pollution Control District Page 3 of 7 District Reference No: 20221129
August 31, 2022
Health Risk Assessment:
Prior to performing an HRA, it is strongly recommended that land use agencies/ project proponents develop and submit for District review a health risk modeling protocol that outlines the sources and methodologies that will be used to perform the HRA. This step will ensure all components are addressed when perForming the H RA.
A development project would be considered to have a potentially significant health risk if the HRA demonstrates that the project- related health impacts would exceed the District' s significance threshold of 20 in a million for carcinogenic risk, or 1. 0 for either the Acute or Chronic Hazard Indices.
A project with a significant health risk would trigger all feasible mitigation measures.
The District strongly recommends that development projects that result in a significant health risk not be approved by the land use agency.
The District is available to review HRA protocols and analyses. For HRA submittals please provide the following information electronically to the District for review:
HRA (AERMOD) modeling files
HARP2 files
Summary of emissions source locations, emissions rates, and emission factor calculations and methodologies.
For assistance, please contact the District' s Technical Services Department by:
E- Mailing inquiries to: hramodeler(a vallevair.orq
Calling ( 559) 230-5900
Recommended Measure: Development projects resulting in TAC emissions should be located an adequate distance from residential areas and other sensitive receptors in accordance to CARB' s Air Quality and Land Use Handbook: A Community Health Perspective located at https:// ww3. arb. ca. qov/ ch/ handbook. pdf. 3 Ambient Air Qualitv Analvsis
An Ambient Air Quality Analysis ( AAQA) uses air dispersion modeling to determine if emissions increases from a project will cause or contribute to a violation of State or National Ambient Air Quality Standards. The District recommends an AAQA be performed for the Project if emissions exceed 100 pounds per day of any pollutant An acceptable analysis would include emissions from both project- specific permitted and non- permitted equipment and activities. The District recommends consultation with District staff to determine the appropriate model and input data to use in the analysis.
279
San Joaquin Valley Air Pollution Control District Page 4 of 7 District Reference No: 20221129
August 31, 2022
Specific information for assessing significance, including screening tools and modeling guidance, is available online at the District' s website:
www. vallevair. orq/ ceqa.
4) Veqetative Barriers and Urban Greeninq
There are residential units located north of the Project. The District suggests the City consider the feasibility of incorporating vegetative barriers and urban greening as a measure to further reduce air pollution exposure on sensitive receptors ( e. g., residential units).
While various emission control techniques and programs exist to reduce air quality emissions from mobile and stationary sources, vegetative barriers have been shown to be an additional measure to potentially reduce a population' s exposure to air pollution through the interception of airborne particles and the update of gaseous pollutants. Examples of vegetative barriers include, but are not limited to the following: trees, bushes, shrubs, or a mix of these. Generally, a higher and thicker vegetative barrier with full coverage will result in greater reductions in downwind pollutant concentrations. In the same manner, urban greening is also a way to help improve air quality and public health in addition to enhancing the overall beautification of a community with drought tolerant, low-maintenance greenery. 5) Clean Lawn and Garden Equipment in the Communitv
Since the Project consists of residential development, gas- powered residential lawn and garden equipment have the potential to result in an increase of NOx and PM2. 5 emissions. Utilizing electric lawn care equipment can provide residents with immediate economic, environmental, and health benefits. The District recommends the Project proponent consider the District' s Clean Green Yard Machines ( CGYM) program which provides incentive funding for replacement of existing gas powered lawn and garden equipment. More information on the District CGYM program and funding can be found at: http:// www. vallevair.orq/qrants/ cqym. htm and http:// vallevair. orq/ qrants/ cqvm- commercial. htm. 6 On- Site Solar Deployment
It is the policy of the State of California that renewable energy resources and zerocarbon resources supply 100% of retail sales of electricity to California end- use customers by December 31, 2045. While various emission control techniques and programs exist to reduce air quality emissions from mobile and stationary sources, the production of solar energy is contributing to improving air quality and public health. The District suggests that the City consider incorporating solar power systems as an emission reduction strategy for the Project. 280
San Joaquin Valley Air Pollution Control District Page 5 of 7 District Reference No: 20221129
August 31, 2022
7 District Rules and Requlations
The District issues permits for many types of air pollution sources, and regulates some activities that do not require permits. A project subject to District rules and regulations would reduce its impacts on air quality through compliance with the District' s
regulatory framework. In general, a regulation is a collection of individual rules, each of which deals with a specific topic. As an example, Regulation II Permits) includes District Rule 2010 ( Permits Required), Rule 2201 ( New and Modified Stationary Source Review), Rule 2520 ( Federally Mandated Operating Permits), and several other rules pertaining to District permitting requirements and processes.
The list of rules below is neither exhaustive nor exclusive. Current District rules can be found online at: www. vallevair. orq/ rules/ 1 ruleslist. htm. To identify other District rules or regulations that apply to future projects, or to obtain information about District permit requirements, the project proponents are strongly encouraged to contact the District' s Small Business Assistance ( SBA) Office at ( 209) 557- 6446. 7a) District Rule 9510 - Indirect Source Review ( ISR)
The Project is subject to District Rule 9510 because it will receives a projectlevel discretionary approval from a public agency and will equal or exceed 50 residential units.
The purpose of District Rule 9510 is to reduce the growth in both NOx and PM emissions associated with development and transportation projects from mobile and area sources; specifically, the emissions associated with the construction and subsequent operation of development projects. The ISR Rule requires developers to mitigate their NOx and PM emissions by incorporating clean air design elements into their projects. Should the proposed development project clean air design elements be insufficient to meet the required emission reductions, developers must pay a fee that ultimately funds incentive projects to achieve off- site emissions reductions.
Per Section 5. 0 of the ISR Rule, an Air Impact Assessment ( AIA) application is required to be submitted no later than applying for project- level approval from a public agency. As of the date of this letter, the District has not received an AIA application for this Project. Please inform the project proponent to immediately submit an AIA application to the District to comply with District Rule 9510. One AIA application should be submitted for the entire Project. It is preferable for the applicant to submit an AIA application as early as possible in the City' s approval process so that proper mitigation and clean air design under ISR can be incorporated into the City's analysis.
281
San Joaquin Valley Air Pollution Control District Page 6 of 7 District Reference No: 20221129
August 31, 2022
Information about how to comply with District Rule 9510 can be found online at:
http:// www. valleyair. orq/ ISR/ ISRHome. htm.
The AIA application form can be found online at:
http:// www. valleyair. orq/ ISR/ ISRFormsAndApplications. htm.
District staff is available to provide assistance with determining if the Project OR future development projects will be subject to Rule 9510, and can be reached by phone at ( 559) 230- 5900 or by email at ISR( c vallevair. org. lb) District Rule 4601 ( Architectural Coatings)
The Project may be subject to District Rule 4601 since it may utilize architectural coatings. Architectural coatings are paints, varnishes, sealers, or stains that are applied to structures, portable buildings, pavements or curbs.
The purpose of this rule is to limit VOC emissions from architectural coatings.
In addition, this rule specifies architectural coatings storage, cleanup and labeling requirements. Additional information on how to comply with District Rule 4601 requirements can be found online at:
h ttp:// www. va I leva i r. o rq/ ru les/ cu rrntru les/ r4601. pdf 7c) District Regulation VIII ( Fugitive PM10 Prohibitions) The project proponent may be required to submit a Construction Notification Form or submit and receive approval of a Dust Control Plan prior to commencing any earthmoving activities as described in Regulation VIII, specifically Rule 8021 — Construction, Demolition, Excavation, Extraction, and Other Earthmoving Activities.
Should the project result in at least 1- acre in size, the project proponent shall provide written notification to the District at least 48 hours prior to the project proponents intent to commence any earthmoving activities pursuant to District Rule 8021 ( Construction, Demolition, Excavation, Extraction, and Other Earthmoving Activities). Also, should the project result in the disturbance of 5- acres or more, or will include moving, depositing, or relocating more than 2, 500 cubic yards per day of bulk materials, the project proponent shall submit to the District a Dust Control Plan pursuant to District Rule 8021 ( Construction, Demolition, Excavation, Extraction, and Other Earthmoving Activities). For additional information regarding the written notification or Dust Control Plan requirements, please contact District Compliance staff at ( 559) 230- 5950.
The application for both the Construction Notification and Dust Control Plan can be found online at:
https:// www. vallevair. orq/ busind/ complv/ PM 10/ forms/ DCP- Form. docx 282
San Joaquin Valley Air Pollution Control District Page 7 of 7 District Reference No: 20221129
August 31, 2022
Information about District Regulation VIII can be found online at:
http://www.valleyair.orq/ busind/ comply/pm10/compliance pm10. htm 7d) District Rule 4901 - Wood Burning Fireplaces and Heaters The purpose of this rule is to limit emissions of carbon monoxide and particulate matter from wood burning fireplaces, wood burning heaters, and outdoor wood burning devices. This rule establishes limitations on the installation of new wood burning fireplaces and wood burning heaters.
Specifically, at elevations below 3, 000 feet in areas with natural gas service, no person shall install a wood burning fireplace, low mass fireplace, masonry heater, or wood burning heater.
Information about District Rule 4901 can be found online at:
http:// vallevair.orq/ ru1e4901/
7e Other District Rules and Regulations
The Project may also be subject to the following District rules: Rule 4102 Nuisance) and Rule 4641 ( Cutback, Slow Cure, and Emulsified Asphalt, Paving and Maintenance Operations).
8) District Comment Letter
The District recommends that a copy of the District's comments be provided to the Project proponent.
If you have any questions or require further information, please contact Carol Flores by e- mail at Carol. Flores( a vallevair. orq or by phone at ( 559) 230- 5935.
Sincerely,
Brian Clements
Director of Permit Services
M ....
For: Mark Montelongo
Program Manager
283
Mossdale Landing South
Mitigation Monitoring and Reporting Program ( MMRP)
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CITY OF LATHR(? P
PLANNING COMMISSION RESOLUTION NO. 22- 10
A RESOLUTION OF THE PLANNING COMiV1ISSION OF THE CITY OF LATHROP RECOMiVIENDING THAT THE CITY COUNCIL APPROVE THE QUEIROLO ROAD VESTING TENTATIVE SUBDIVISION MAP (VTM-22- 100)
WHEREAS, the City of Lathrop Planning Commission held a dtily noticed public hearing to consider the Queirolo Road Vesting Tentative Subdivision Map ( VTM-22- 100) project pursuant to the Lathrop Municipal Code; and
WHEREAS, the property is located a[ 18401 Queirolo Road( APN: 241- 020- 63); and WHEREAS, the subject site is tocated in a Medium Density Residential, Neighborhood Park, and Service Commercial General Plan designation, Medium Density Residential, Public Schools Parks Open Space, and Service Commercial Zonina District within the Mossdale Landing South Urban Design Concept; and
WHEREAS, the environmental impacts of the Mossdale Landing South Urban Design Concept project were addressed in a certified Final Environmental Impact Report ( FEIR) ( SCH 2004052069} as well as the VVest Lathrop Specific Plan Final Environmental Impact Report ( FEIR) SCH# 931 12027); and
WHEREAS, by Adopting Resolution No. 21- 4923 based on substantial evidence in the record, City Council, acting as the lead agency, adopted Adequate Progress Findings toward providing a 200- year Urban Level of Flood Protection in the Reclamation District 17 basin by the year 2028; and WHEREAS, the Planning Commission finds that the proposed project is consistent with the Medium Density Residential( MD), Neighborhood Park{ NP), and Service Commercial ( SC) use goals and policies the City of Lathrop General Plan and also consistent with the City' s Subdivision rdinance, Mossdale Landing South Urban Design Concept, and the State Subdivision Map Act; and WHEREAS, the Planning Commission finds that the requirements and conditions of this resolution are reasonable in preserving, protecting, providing for, and fostering the health, safety, and welfare of the citizenry in general, and the persons who work in or visit the development in particular; and
WHEREAS, section 16. 12. 050 of the Lathrop Municipal Code mandates the transmittal of a recommendation to the City Council by Resolution; and
WHEREAS, proper notice of this public meeting was given in all respects as required by law; and
WHEREAS, the Planning Commission has reviewed all written evidence and oral testimony presented to date.
Planning Commission Resolution No. 22- 10 Page i of 4
321
NOW, THEREFORE, BE IT RESOLVED the Planning Commission of the City of Lathrop does hereby make the following findings;
1. The location of the proposed project is consistent with the objectives of the zoning code and the purpose of the district in which the site is located. The proposed use is consistent with the standards for the Medium Density Residential, Mossdale Village ( RM- MV), Public Schools Parks Open Space, Mossdale Village ( P- MV), and Service Commercial, Mossdale Village ( CS- MV) Zoning District. The use is compatible with sunounding land uses and will not be detrimental to the health, safety or general welfare of the City.
2. The proposed project will comply with each of the applicable provisions of Mossdale Landing South Urban Design Concept, Medium Density Residential — Mossdale Village Development standards for 2, 200 square foot minimum lot sizes. As conditioned, the project will also comply with the General Plan, Zoning Ordinance, and various federal, state and local standards applicable to the project. The Conditions of Approval address Planning, Building, Police, and Fire Department requirements.
3. The proposed Vesting Tentative Subdivision Map environmental impacts have been addressed in both the certified Final Environmental Impact Report ( FEIR) ( SCH 200452069) for the Mossdale Landing South project and the certified Final Environmental Impact Report ( FEIR) ( SCH # 93112027) for the West Lathrop Specific Plan.
4. The City Council, acting as the land use agency, adopted Resolution No. 21- 4923 based on substantial evidence in the record, adopted Adequate Progress Finings towards providing a 200- year Urban Level of Flood Protection in the Reclamation District 17 basin by the year 2028.
BE IT FURTHER RESOLVED that the Planning Commission of the City of Lathrop does hereby make the following Vesting Tentative Subdivision Map findings;
1. 7'he proposed map is consistent vith the Ge zeral Plnn. The proposed map is a residential subdivision that implements the land use objectives in the Lathrop General Plan.
2. The design or improvements of the proposed subdivision are consistertt rvith the Gerieral Plan. As conditioned, the design of the map and proposed utility and improvements are consistent with the requirements of the General Plan. All required improvements are conditioned to comply with the City' s standards and specifications.
3. The site is physically suitable for the proposed residenticcl development. The site is designated as Medium Density Residential, Neighborhood Park, and Service Commercial land uses in the General Plan. The applicant and staff have worked closely to ensure the map and its conditions of approval address public infrastructure and public services for the development of the propose residential deve( opment.
Planning Commission Reso( ution No. 22- t0 Pa e 2 of 4
322
4. The site is physicnlly s itnble for the proposed density of development. The Lathrop General Plan identifies the project area to allow for single- family residential development.
The map satisfies the Medium Density requirement at 8. 3 units per acre( range is 8- 15 units per acre) and meets the minimum standards for lot widths and lot depths. Development of the site will comply with the requirements set forth in the Mossdale Landing South Urban Design Concept, Medium Density Residential— Mossdale Village Development Standards for 2, 220 square foot minimum lot sizes.
5. The desigri of the subdivision or the proposed improvements will not cause si bstantial environmental damage or scabstantially injtare fish or wildlife or thein c bitc t. As stated above the environmental impacts of the Mossdale Landing South project were addressed in a certified Final Environmental Impact Report (FEIR (SCH# 200452069) as well as the West Lathrop Specific Plan Final Environmental Impact Report( FEIR)( SCH# 93112027).
6. The clesign of the subdivisiofz or type of improvemeyats will not cause serious public healtla problerns. The development of the project would not involve a range of pokentially significant effects on public health and safety. As stated above the project environmental impact of the Mossdale Landing South project were addressed in a certified Final Environmental Impact Report ( FEIR) ( SCH # 200452069) as well as the West Lathrop Specific Plan Final Environmental Impact Report ( FEIR) ( SCH# 93112027).
7. The desigr ofthe subdivision or the type of ifnproverrients rvill not conflict rvitla easentents, acquired by the public at large, for• nccess through or use of, property witlzin the proposed si bdivision. The design of the subdivision does not conflict with any public easements for access through or use of property within the subdivision. Conditions of approval are included to dedicate land, right of way and to provide easements where necessary for public access, utilities, and infrastructure.
BE IT FURTHER RESOLVED that the Planning Commission of the City of Lathrop based on substantial evidence in the administrative record of proceedings, its findings above and pursuant to its independent review and consideration, does hereby recommend approval of the Queirolo Road Vesting Tentative Subdivision Map ( VTM- 22- 100) to the City Council, subject to the Conditions of Approval dated September 21, 2022 Iisted as Attachment # 2 of the Staff Report, incorporated by reference herein.
PlanninJ Commission Resolution No. 22- 10 Page 3 of 4
323
PASSED AND ADOPTED by the Planning Commission of the City of Lathrop at a regular meeting on the 21S` day of September 2022, by the following vote:
AYES: Rhodes, Ishihara, Ralmilay, Gatto, Jackson
NOES: None
ABSTAIN: None
ABSENT: None
Gloryanna Rhodes, Chair
ATTEST: APPROVED AS TO FORM:
Ma Meis n r, Sec tary Salvador Navarrete, City Attorney PlanninQ Commission Resolutian No. 22- 10 Page 4 of 4
324
ITEM 5. 3
CITY MANAGER' S REPORT
OCTOBER 10, 2022 CITY COUNCIL REGULAR MEETING
ITEM: CREATION OF CAPITAL IMPROVEMENT PROJECT
CIP) GG 23- 06 TEMPORARY ANIMAL SHELTER,
RATIFICATION OF EMERGENCY PURCHASE OF TWO
6- KENNEL ANIMAL SHELTERS, AND APPROVAL OF
EMERGENCY PURCHASE OF 18- KENNEL ANIMAL
SHELTER AND RELATED BUDGET AMENDMENT
RECOMMENDATION: Adopt Resolution Creating Capital Improvement Project ( CIP) GG 23- 06 Temporary Animal Shelter,
Ratifying Emergency Purchase of Two 6- Kennel
Animal Shelters, and Approving Emergency Purchase
of 18- Kennel Animal Shelter from Horizon Structures
and Related Budget Amendment
SUMMARY:
The City of Lathrop has contracted its animal shelter services with the City of Manteca. As Manteca continues to grow, they no longer have the capacity to provide animal shelter services for Lathrop animals. The contract with Manteca to provide animal shelter services to Lathrop ended on September 30, 2022.
Staff is exploring several options to build the City' s own animal shelter to bring to Council for consideration, but in the interim, staff identified the immediate need for a temporary animal shelter until a permanent animal shelter is constructed.
Staff recommends City Council approve the creation of Capital Improvement Project CIP) GG 23- 06 Temporary Animal Shelter, ratify the emergency purchase of two 6- kennel animal shelters, and approve emergency purchase of 18- kennel animal shelter from Horizon Structures and related budget amendment. The estimated cost for CIP GG 23- 06 Temporary Animal Shelter is detailed in the table below:
Item Amount
Two 6- Kennel Shelters 140, 000 includes CA tax
18- Kennel Shelter 202, 000 Estimate
Site Im rovements & Installation Cost $ 100, 000
10% Contin enc Site Im rovements $ 10, 000
Shelter Materials & E ui ment 50, 000
Total Cost $ 502 000
BACKGROUND:
Animal shelters in the area have been experiencing overcrowding and shelter capacity concerns. There are many causes for the overcrowding, including increased owner surrenders due to COVID- 19 restrictions being lifted and more people giving up pets 325
CITY MANAGER' S REPORT PAGE 2
OCTOBER 10, 2022 CITY COUNCIL REGULAR MEETING
CREATION OF CAPITAL IMPROVEMENT PRO ECT ( CIP) GG 23- 06
TEMPORARY ANIMAL SHELTER, RATIFICATION OF EMERGENCY PURCHASE OF TWO 6- KENNEL ANIMAL SHELTERS, AND APPROVAL OF EMERGENCY PURCHASE OF 18- KENNEL ANIMAL SHELTER AND RELATED BUDGET
AMENDMENT
that they initially adopted during the pandemic, the increasing costs of food, veterinary care costs, and animal supplies, and lack of shelter space in general. The City of Lathrop has contracted and shared its animal shelter services with the City of Manteca since 1993. With Manteca' s continued growth, they no longer have the shelter capacity to provide shelter services for Lathrop animals. The contract with Manteca to provide animal shelter services ended on September 30, 2022.
The City has reached out to other agencies to potentially contract the shelter services, but in most cases, the other agencies would not be able to accommodate Lathrop' s animals unless a significant capital improvement investment for the other agency' s shelter is included as part of the contract. Staff is exploring several options to build the City' s own animal shelter to bring to Council for consideration, but in the interim, staff has identified the immediate need for a temporary animal shelter until a permanent animal shelter is constructed.
In order to maintain essential public safety services and to continue animal shelter operations to protect the health and safety of the community and their pets, two 6- kennel pre- fabricated animal shelters were purchased under the City' s emergency purchase ordinance. The two 6- kennel shelters are in stock and ready for immediate delivery from Horizon Structures; however, additional shelter space is necessary to accommodate the number of animals that is taken in by the City. The monthly intake of animals received by the City due to owner surrenders and stray pickups can range from 10 - 35 animals in any given month. Local shelters also face the challenge of extended wait times for spay and neuter appointments that prolong the ability for staff to adopt out animals quickly, which leads to longer stays for animals in the shelter. With this in mind, staff is requesting approval of emergency purchase of an 18- kennel animal shelter from Horizon Structures to provide the City a total 30- kennel capacity shelter that will be able to house all Lathrop animals. The 18- kennel shelter will require a 4- week lead- time for construction.
Horizon Structures is able to provide pre- fabricated buildings that meet the City' s animal shelter requirements and is able to deliver within the timeframe the City needs to continue the shelter operations. The 18- kennel animal shelter will be used to house and care for the healthy animals of Lathrop until they can be reunited with their owner, transferred to a rescue, or adopted into a new family. The two 6- kennel animal shelters will be used to quarantine and isolate sick or vicious animals, and provide necessary separation for different animal species. Once the permanent shelter is constructed, these temporary shelters can be utilized for overflow space, and the quarantine and isolation of vicious or sick animals.
Staff is requesting City Council approve a budget of $ 492, 000 for CIP GG 23- 06 Temporary Animal Shelter, plus a 10% contingency of $ 10, 000 for the Site Improvements & Installation Cost for a not to exceed total project cost of $ 502, 000. 326
CITY MANAGER' S REPORT PAGE 3
OCTOBER 10, 2022 CITY COUNCIL REGULAR MEETING
CREATION OF CAPITAL IMPROVEMENT PROJECT ( CIP) GG 23- 06
TEMPORARY ANIMAL SHELTER, RATIFICATION OF EMERGENCY PURCHASE OF TWO 6- KENNEL ANIMAL SHELTERS, AND APPROVAL OF EMERGENCY PURCHASE OF 18- KENNEL ANIMAL SHELTER AND RELATED BUDGET
AMENDMENT
REASON FOR RECOMMENDATION:
To allow the City to maintain essential public safety services and to continue shelter operations to protect the health and safety of the Lathrop community and their pets, staff recommends City Council approve the creation of Capital Improvement Project CIP) GG 23- 06 Temporary Animal Shelter, ratify the emergency purchase of two 6- kennel animal shelter, and approve purchase of an 18- kennel animal shelter with Horizon Structures and related budget amendment.
FISCAL IMPACT:
Staff is requesting the approval of initial budget of $ 492, 000 for CIP GG 23- 06 Temporary Animal Shelter, plus a 10% contingency of $ 10, 000 for the Site Improvements & Installation Cost for a not to exceed total project cost of $ 502, 000.
Project funds were not included in the adopted Fiscal Year 22/ 23 budget; therefore staff is requesting that Council approve a budget amendment as follows:
Decrease: Animal Shelter Reserves
1010- 251- 0501 502, 000. 00
Increase Transfer Out
1010- 9900- 990- 9010 502, 000. 00
Increase Transfer In
3010- 9900- 393- 0000 GG 23- 06 502, 000. 00
Increase: Expenditures
3010- 8000- 430- 2000 GG 23- 06 502, 000. 00
ATTACHMENTS:
A. Resolution Creating Capital Improvement Project ( CIP) GG 23- 06 Temporary Animal Shelter, Ratifying Emergency Purchase of Two 6- Kennel Animal Shelters, and Approving Emergency Purchase of 18- Kennel Animal Shelter from Horizon Structures and Related Budget Amendment
B. Purchase Order 2023- 167 Emergency Purchase of Two 6- Kennel Animal Shelters from Horizon Structures
327
CITY MANAGER' S REPORT PAGE 4
OCTOBER 10, 2022 CITY COUNCIL REGULAR MEETING
CREATION OF CAPITAL IMPROVEMENT PRO ECT ( CIP) GG 23- 06
TEMPORARY ANIMAL SHELTER, RATIFICATION OF EMERGENCY PURCHASE OF TWO 6- KENNEL ANIMAL SHELTERS, AND APPROVAL OF EMERGENCY PURCHASE OF 18- KENNEL ANIMAL SHELTER AND RELATED BUDGET
AMENDMENT
APP VA
d S Z.
Raymond Bec ler Dat
Chief of Police
u
Cari James Date
Finance Dire t r
f0 ' S—2. ' Z.,Z
Salvador Navarrete Date
City Attorney
D' S'•z2
S en J. Salvatore Date
City Manager
328
RESOLUTION NO. 22 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP CREATING CAPITAL IMPROVEMENT PROJECT ( CIP) GG 23- 06 TEMPORARY ANIMAL SHELTER, RATIFYING THE EMERGENCY PURCHASE OF TWO 6- KENNEL ANIMAL SHELTERS, AND APPROVAL OF EMERGENCY PURCHASE OF 18-
KENNEL ANIMAL SHELTER AND RELATED BUDGET AMENDMENT
WHEREAS, the City of Lathrop has contracted its animal shelter services with the City of Manteca since 1993. With Manteca continuing to grow, they no longer have the shelter capacity to provide shelter services for Lathrop animals. The contract with Manteca to provide animal shelter services ended on September 30, 2022; and WHEREAS, the City has reached out to other agencies to potentially contract the shelter services, but in most cases, the other agencies would not be able to accommodate Lathrop' s animals unless a significant capital improvement investment for the other agency' s shelter is included as part of the contract; and WHEREAS, staff is exploring several options to build the City' s own animal shelter to bring to Council for consideration, but in the interim, staff has identified the immediate need for a temporary animal shelter until a permanent animal shelter is constructed; and
WHEREAS, in order to maintain essential public safety services and to continue animal shelter operations to protect the health and safety of the community and their pets, two 6- kennel pre- fabricated animal shelters were purchased under the City' s emergency purchase ordinance; and
WHEREAS, staff is also requesting approval of emergency purchase of an 18- kennel animal shelter from Horizon Structures to provide the City a total 30- kennel capacity shelter that will be able to house all Lathrop animals; and WHEREAS, the structures purchased will provide 18- kennels to house and care for the healthy stray animals of the City of Lathrop until they can be reunited with their owner, transferred to a rescue, or adopted into a new family. The two 6- kennel animal shelters will be used to quarantine and isolate sick or vicious animals, and provide necessary separation for different animal species; and WHEREAS, the estimated cost for CIP GG 23- 06 Temporary Animal Shelter is detailed in the table below:
Item Amount
Two 6- Kennel Shelters 140, 000 includes CA tax
18- Kennel Shelter 202, 000 Estimate
Site Im rovements & Installation Cost $ 100 000
10% Contin enc Site Im rovements $ 10, 000
Shelter Materials & E ui ment 50, 000
Total Cost $ 502, 000
329
WHEREAS, staff is requesting City Council approve a budget of $ 492, 000 for CIP GG 23- 06 Temporary Animal Shelter, plus a 10% contingency of $ 10, 000 for the Site Improvements & Installation Cost for a not to exceed total project cost of 502, 000; and
WHEREAS, project funds were not included in the adopted Fiscal Year 22/ 23 budget; therefore staff is requesting that Council approve a budget amendment as follows:
Decrease: Animal Shelter Reserves
1010- 251- 0501 502, 000. 00
Increase Transfer Out
1010- 9900- 990- 9010 502, 000. 00
Increase Transfer In
3010- 9900- 393- 0000 GG 23- 06 502, 000. 00
Increase: Expenditures
3010- 8000- 430- 2000 GG 23- 06 502, 000. 00
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve the creation of Capital Improvement Project ( CIP) GG 23- 06 Temporary Animal Shelter, ratification of emergency purchase of two 6- kennel animal shelters, and approval of emergency purchase of 18- kennel animal shelter and related budget amendment.
330
The foregoing resolution was passed and adopted this 10t'' day of October 2022, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED S TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 331
DocuSign Envelope ID: CC48C773- 539F- 4C5F- 8560- 2ABOEA1lBE64 390 Towne Centre Dr
Purchase Order
c Lathrop, CA 95330 No. 2023- 00000167
o Date 9J23/ 2022
Resotution
Attachment B
The parties to this agreement
are:
Vendor No. 3574
DELIVER BY
C Horizon Structures LC t/ 390 Towne Centre Dr
SHIP VIA
5075 Lower Valiey Road Lathrop, CA 95330 FREIGHT TERMS
o
ATGLEN, PA 19310 pq E 1 of 3
O ORiGINATOR Yesenia Linnelf
1. Ob EAGti 10% in 5tock Qiscount( quc te 23Q) 4. 133. a000) ($ 4, 133. 00) ,
1. 0 EAGH 12 x 24 Cammercial6 Run Kennel ( quat 23(}} 58, 885. 00CtO $ 58,885. 0(l '
1. 00 EACN 1 x 32 Cosnmerciai Dag Kenne{ ( quote 231} 7, 850. C300t7 $ 79, 85d. 00 .
1. 00 EACN 10° Jo in Stock Qiscount( Qur te 231} 5, 899. ti0Q4j ( 5, 8 39. Ot1) The contractor agrees to furnish all labor, equipment and materials necessary ta perform the services 128, 703. 00 describe herein and agrees to camply with the terms and conditions identified below which are made a part hereof by this reference( C} utline exact detail what is to be done, where is to be done and include work specifications, if applicable.)
DocuSigned by:
tA. il t. bfc 9/ 23/ 2022
Z 2Z aFa=_ioes s7Fa...
CITY OF IATHROP `" ""' VENDOR ( Signature)
RECOMMENDED FOR AFPROVAL DATE APPROVED BY DATE
w y
ustin Zook 9/ 23/ 2022
t ra s
CITY OF LATFfROP VENDOR ( Print Name)
APPROVED BY DATE APPRdVED BY DATE
Special Instructions
12 x 24 Commercial 6 Run Kennel & 12 x 32 Commercial Dog Kennel. Price includes delivery and placement.
See attached Quotes# 230&# 231 dated September 16, 2022.