Lathrop City Council
November 14, 2022

improvements for a full year following acceptance by CITY.

NOW THEREFORE in consideration of CITY' S pending approval and acceptance of the Improvements upon their satisfactory completion and in consideration of SUBDIVIDER' S construction of Improvements in strict accordance with the terms of this Agreement, all applicable laws, statutes, ordinances, rules and regulations currently in force and effect in CITY, the terms and conditions of which are incorporated herein by this reference, the parties hereto mutually covenant and agree as follows:

1. SUBDIVIDER shall complete construction of, or cause construction to be completed at its sole cost and expense, the Improvements described herein for Tract 4149, to the limits identified on Exhibit A. All improvements shall be constructed to the satisfaction and approval of the City Engineer, in a good and workmanlike manner in accordance with the above- referenced improvement plans and specifications, the improvement standards and specifications of CITY' S Department of Public Works, the applicable Ordinances of the City of Lathrop and the Califarnia Subdivision Map Act.

2. SUBDIVIDER shall complete the Improvements, including all deferred and unfinished improvements, prior to occupancy of the first home occupied associated with the first small lot final map recorded in the West Village District. Such occupancy shall be documented by CITY in the form of a Certificate of Occupancy or Final Building Permit.

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

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

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

6. SUBDIVIDER guarantees and warrants that the Improvements shall be constructed in compliance with the standards set forth in Paragraph 1 above, free from any defects in work or labor done and from any defects in materials furnished. Further, SUBDIVIDER shall repair and maintain the Improvements in good condition and in accordance with CITY specifications for one 1) year after CTTY' S acceptance of the Improvements. Prior to acceptance of the Improvements, SUBDIVIDER shall deposit with the City Engineer a Warranty Bond in the amount of$2, 324,568 equal to 10% of the estimated cost of the Improvements for the entire area as summarized in Recital D", to insure SUBDIVIDER' S repair and maintenance of the Improvements in accordance with the terms of this Agreement. The Warranty Bond shall be released at the end of the one ( 1) year guarantee period, provided there are no claims against it are then outstanding. 314
Subdivision Improvement Agreement ( River Islands Stage 2B, LLC, Califia, LLC, and River Islands Development Area 1, LLC) with the City of Lathrop far Final Map Tract 4149 West Village District

7. Because some of the backbone improvements referenced in Recital " C" are required to provide access and utilities to the parcels created by the Tract 4149 final map and are associated with adjacent tracts as otherwise described in this Agreement, as well as collector and arterial roads associated with the Agreement for Dedication, Inspection and Guarantee of Public Streets and Improvements referenced in Recital " C", the security required by the Agreement for Dedication, Inspection and Guarantee of Public Streets and Improvements shall remain in place until the backbone improvements associated with that agreement are complete and accepted by CITY or as is further described by the conditions below.

8. If SUBDIVIDER, in whole or in part, abandons the Improvements, unnecessarily or unreasonably delays construction of the Improvements, fails to complete construction of the Improvements within the time specified in this Agreement or fails to repair, replace or reconstruct any defects, as set forth in Paragraph 6 above, CITY may but is not required to proceed to complete and/ or repair, replace or reconstruct the Improvements, either by itself ar by contract for such service, and CITY may cause to be forfeited such portion of any security deposited therein as is necessary to cover the costs of completion, repair, replacement or reconstruction incurred by CTTY. Once action is taken by CITY to complete, repair, replace and/ or reconstruct the Improvements, SUBDIVIDER shall be responsible for all costs incurred by CITY even if SUBDIVIDER subsequently completes the work.

CITY shall have recourse against SUBDIVIDER for any and all amounts necessary to complete the obligations of SUBDIVIDER in the event the security (including but not limited to any Letter of Guarantee, Certificate of Deposit, cash, bond for performance, labor and materials, repair and maintenance, letter of credit or cash deposit) therefore is insufficient to pay such amounts. All administrative costs, including reasonable attorney' s fees pursuant to Government Code Section 66499.4, incurred by CITY in addition to the costs of the improvements shall be a proper charge against the security and SUBDIVIDER.

In the event it becomes necessary for CITY to bring an action to compel performance of this Agreement or to recover costs of completing such improvements, SUBDIVIDER shall pay reasonable attorney' s fees, costs of suit and all other expenses of litigation incurred by CITY in connection therewith.

9. Because the Improvements are partially complete, SUBDIVIDER is required to only post security to guarantee the deferred and unfinished improvements associated with Tract 4149 as included and described in Exhibit C of this Agreement. The amount of security, as evidenced by performance bonds provided by SUBDIVIDER as indicated in Recital C shall be $ 16, 643, 440 for the performance bond and $ 8, 321, 720 for the labor and materials bond. Further, SUBDIVIDER shall also comply with CITY' S insurance requirements set forth on Exhibit B attached hereto and incorporated herein with a new certificate of insurance required.

10. Any alterations made to the plans and specifications, which are a part of this Agreement, or any provision of this Agreement shall not operate to release any surety or sureties from liability on any bond or bonds attached hereto and made a part hereof. The above-referenced sureties hereby consent to such alterations and waive the provisions of California Civil Code Section 2819. 315
Subdivision Improvement Agreement ( River Islands Stage 2B, LLC, Califia, LLC, and River Islands Development Area 1, LLC) with the City of Lathrop for Final Map Tract 4149 West Village District

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

12. Neither CITY nar any of its officers, employees or agents shall be liable to SUBDIVIDER or to any person, entity or organization for any injury or damage that may result to any person or property by or from any cause in, on or about the subdivision of all or any part of the land covered by this Agreement.

13. SUBDIVIDER hereby agrees to and shall hold CITY, its elective and appointive boards, commissions, officers, agents and employees ( collectively " Indemnitees") harmless from any liability for damage or claims which may arise from SUBDIVIDER and/ or SUBDIVIDER' S contractors, subcontractors, agents or employees' operations under this Agreement, whether such operations be by SUBDIVIDER or by any SUBDIVIDER contractors, subcontractors or by any one or more persons directly or indirectly employed by or acting as agent for SUBDIVIDER or any of SUBDIVIDER' S contractors or subcontractors.

SUBDIVIDER shall, at its own cost and expense, defend any and all actions, suits or legal proceedings or any type that may be brought or instituted against CITY and indemnities on any claim or demand, of any nature whatsoever, and pay or satisfy any judgment that may be rendered against CITY and the Indemnitees in any such action, suit or legal proceedings resulting from or alleged to have resulted from SUBDIVIDER' S performance or non- performance of its duties and obligations under this Agreement or from the negligent act or omission of itself, its agents, contractors, representatives, servants or employees. The promises and Agreement to indemnify and hold harmless set forth in this section is not conditioned or dependent on whether or not any indemnity has prepared, supplied or approved any plan or specification in connection with this work or subdivision whether or not any such indemnity has insurance or indemnification covering any of these matters. CITY does not and shall not waive any rights against SUBDIVIDER which it may have by reason of the aforesaid hold harmless agreement because of the acceptance by CTTY of any deposit with CITY by SUBDIVIDER. The aforesaid hold harmless agreement by SUBDIVIDER shall apply to all damages and claims for damages of every kind suffered or alleged to have been suffered by reason of any of the aforesaid operations referred to in this paragraph regardless of whether or not CITY has prepared, supplied or approved of plans and/ or specifications for the subdivision.

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

15. Prior to acceptance of the Improvements by the City Council, SUBDIVIDER shall be solely responsible for maintaining the quality of the Improvements and maintaining safety at the project site. SUBDIVIDER' S obligation to provide the Improvements shall not be satisfied until after the City Engineer has made a written determination that all obligations of the Agreement have been satisfied, all outstanding fees and charges have been paid and the City Council has accepted the Improvements as complete. CITY and SUBDIVIDER have formed Community Facilities Districts (" CFD") to finance maintenance and improvements. CITY expects to preserve 316
Subdivision Improvement Agreement( River Islands Stage 2B, LLC, Califia, LLC, and River Islands Development Area 1, LLC) with the City of Lathrop for Final Map Tract 4149 West Village District

the ability to use future special taxes of the CFD for payment of the cost of acquisition of the Improvements which may require that acceptance of improvements by CITY be subject to the provisions of an acquisition agreement to be entered into by CITY and SUBDIVIDER providing that CTTY expects to be paid or reimbursed acquisition costs through future CFD special taxes.

SUBDIVIDER shall cooperate to facilitate such method of acquisition.

16. SUBDIVIDER shall pay service fees for the utility services from the time the Improvements are accepted by CITY to the end of the fiscal year or up to a one ( 1) year period, whichever is needed to ensure an opportunity for the Improvements to be included in the next fiscal year annual assessment.

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

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

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

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

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

20. This Agreement and any amendments hereto comprise the entire understanding and agreement between the parties regarding the improvements to be constructed and dedications for Tract 4023.

21. The following miscellaneous provisions are applicable to this Agreement:
a. Controlling Law. The parties agree that this Agreement shall be governed and construed by and in accordance with the laws of the State of California. b. Definitions. The definitions and terms are as defined in this Agreement. c. Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Agreement which directly results from an Act of God or an act of a superior governmental authority.
d. Headings. The paragraph headings are not a part of this Agreement and shall have no effect upon the construction or interpretation of any part of this Agreement. e. Incorporation of Documents. All documents referred to herein and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such 317
Subdivision Improvement Agreement( River Islands Stage 2B, LLC, Califia, LLC, and River Islands Development Area 1, LLC) with the City of Lathrop for Final Map Tract 4149 West Village District

reference incorporated herein and shall be deemed to be part of this Agreement. f. Modification of Agreement. This Agreement shall not be modified or be binding upon the parties unless such modification is agreed to in writing and signed by the parties. g. Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the provisions of this Agreement not so affected shall remain in full force and effect.
h. Successors and Assigns. Except as otherwise expressly provided herein, the provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties.
i. Time of the Essence. Time is of the essence of this Agreement and each of its provisions.

In the calculation of time hereunder, the time in which an act is to be performed shall be computed by excluding the first day and including the last day. If the time in which an act is to be performed falls on a Saturday, Sunday or any day observed as a legal holiday by CITY, the time for performance shall be extended to the following business day. j. Venue. In the event either party brings suit hereunder, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Joaquin.

ATTACHMENTS:

EXHIBIT A: FINAL MAP - TRACT 4149
EXHIBIT B: CITY INSURANCE REQUIREMENTS
EXHIBIT C: TRACT 4149 ENGINEER' S ESTIMATE FOR UNFINISHED PORTIONS OF

COLLECTOR AND ARTERIAL ROADS
EXHIBIT D: TRACT 4149 ENGINEER' S ESTIMATE FOR COLLECTOR AND ARTERIAL ROADS
318
Subdivision Improvement Agreement( River Islands Stage 2B, LLC, Califia, LLC, and River Islands Development Area 1, LLC) with the City of Lathrop for Final Map Tract 4149 West Village District

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 14th day of November, 2022, at Lathrop, California.

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

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

APPROVED AS TO FO M
BY: 7 ZOz Z
Salvador Navarrete Date
City Attorney
River Islands Stage 2B, LLC, Califia, LLC
a Delaware Limited Liability Company a California Limited Liability Company BY: BY:

Susan Dell' Osso Date Susan Dell' Osso Date
President President
SUBDIVIDER" SUBDIVIDER"
River Islands Development Area 1, LLC,
a Delaware limited liability company
B Y:

Susan Dell' Osso Date
President
SUBDIVIDER"
319
Subdivision Improvement Agreement( River Islands Stage 2B, LLC, Califia, LLC, and River Islands Development Area 1, LLC) with the City of Lathrop for Final Map Tract 4149 West Village District

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Subdivision Improvement Agreement( River Islands Stage 2B, LLC, Califia, LLC, and River Islands Development Area 1, LLC) with the City of Lathrop for Final Map Tract 4149 West Village District

EXHIBIT B

CITY INSURANCE REQUIREMENTS

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

Said insurance coverage shall be evidenced by a certificate of insurance with policy endorsements, executed by an authorized official of the insurers. All parties to the Subdivision Improvement Agreement must be named insured on the policy. The policy endorsements to be attached to the certificate must provide all the following:
a. Name the City of Lathrop, its officers, City Council, boards and commissions and members thereof, its employees and agents as additional insured as respects to any liability arising out of the activities of the named insured. A CG 2010 or CG 2026 endarsement form or the equivalent is the appropriate form.
b. State that " the insurance coverage afforded by this policy shall be primary insurance as respects to the City of Lathrop, its officers, employees and agents. Any insurance or self-insurance maintained by the City of Lathrop, its officers, employees, or agents shall be in excess of the insurance afforded to the named insured by this policy and shall not contribute to any loss."
c. Include a statement that, " the insurer will provide to the City of Lathrop at least thirty ( 30) days prior notice of cancellation or material change in coverage." The above language can be included on the additional insured endorsement form or on a separate endorsement form. d. The policy must contain a cross liability or severability of interest clause. e. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially available at reasonable rates.
355

ACO DATE( MMIDDIYYYY)
CERTIFICATE OF LIABILITY INSURANCE 10/ 10/ 22
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER( S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADOITIONAL INSURED, the policy( ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement( s).

PRODUCER NAMEACT GI0 I8 GBbfl@I
Alliant Insurance Services, f1C. PHONE FAX
333 S Hope St Ste 3750 ac r,o Ext: AIC No:

Los Angeles CA 90071 nooR ess: Gloria. Gabriel alliant. com INSURER( S) AFFORDING COVERAGE NAIC#
License#: OC36861 INSURERA: Uf11Y@d S 2CI8It Insurance Com 12537 INSURED RIVEISL- 01
INSURERB: NaVI BtOfS S ecialt Insurance 36056
River islands Development, Area 1, LLC
73 W. Stewait iNsuReR c: Homesite Insurance Com an 17221 Lathrop CA 95330 INSURERD:

INSURER E:

INSURER F:

COVERAGES CERTIFICATE NUMBER: 472121180 REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR
7ypE OF INSURANCE

ADDL SUBR POLICY EFF POLICY EXP

LTR POLICYNUMBER MM/ DD/ VYYY MMIDD/ YYYY LIMITS
A X COMMERCIALGENERALLIABILITY Y ATN2117764P 3/ 19/ 2021 3/ 19/ 2024 EACHOCCURRENCE 2, 000, 000

CLAIMS- MADE OCCUR

DAMAGETORENTED
PREMISES Ea occurrence $
MED EXP( Any one person) $
PERSONAL BADV INJURY $ 1, 000, 000
GEN' LAGGREGATELIMITAPPLIESPER: GENERALAGGREGATE $ 2, 000, 000 POLICY ER LOC PRODUCTS- COMP/ OP AGG $ 2, 000, 000
OTHER:

AUTOMO8ILE LIABILITY COMBINED SINGLE LIMIT $
Ea accident
ANY AUTO BODILY INJURY( Per person) $

OWNED SCHEDULED
BODILY INJURY( Per accident) $ AUTOS ONLY AUTOS

HIRED NON- OWNED PROPERTY DAMAGE
AUTOS ONLY AUTOS ONLY Per accident
e UMBRELLA LIAB X OCCUR LA21 FXSZ07WSRIC 3/ 19/ 2021 3/ 19/ 2024 EACH OCCURRENCE 3, 000, 000 X EXCESS LIAB CLAIMS- MADE AGGREGATE 3, 000, 000
DED RETENTION$
WORKERS COMPENSATION PER OTHAND EMPLOVERS' LIABILITY
Y N

STATUTE ER
ANYPROPRIETOR/ PARTNER/ EXECUTIVE E. L. EACH ACCIDENT
OFFICER/ MEMBEREXCLUDED? N A
Mandatory in NH) E. L. DISEASE- EA EMPLOYEE $
If yes, describe under
DESCRIPTION OF OPERATIONS below E. L. DISEASE- POLICY LIMIT $ C Excess Liability CPX- 7558052- 00 3/ 19/ 2021 3/ 19/ 2024 Occ./ Agg. 5, 000, 000 DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES ( ACORD 107, Additional Remarks Schedu e, may be attached if more space is required) RE: Final Map 4149( Phase 2, Area 1)
City of Lathrop, its officers, City Council, boards and commissions and members thereof, its employees and agents are included as Additional Insureds as respects to General Liability. General Liability shall be Primary and Non- Contributory with any other insurance in force for or which may be purchased by City of Lathrop, its officers, employees and agents.

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOP, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

City of Lathrop
390 Towne Centre Drive
Lathrop CA 95330

AUTHORIZEDREPRESENTATIVE
c-' F'C C%+^*^',,..._,_
O 1988- 2015 ACORD CORPORATION. All rights reserved.

ACORD 25( 2016/ 03) The ACORD name and logo are registered marks of ACORD 356
POLICY NUMBER: ATN217764P COMMERCIAL GENERAL LIABILITY
CG 20 10 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - SCHEDULED PERSON OR

ORGANIZATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person( s) Or
Or anization s Location s Of Covered O erations
City of Lathrop, its officers, City Council, boards As Required By Written Contract, Fully Executed and commissions and members thereof, its Prior To The Named Insured' s Work employees and agents
390 Towne Centre Drive
Lathrop, CA 95330
Information re uired to com lete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person( s) or additional insureds, the following additional exclusions organization( s) shown in the Schedule, but only with apply:
respect to liability for" bodily injury", " property damage" This insurance does not apply to " bodily injury" or or " personal and advertising injury" caused, in whole property damage" occurring after:
or in part, by: 1. All work, including materials, parts or equipment

1. Your acts or omissions; or furnished in connection with such work, on the

2. The acts or omissions of those acting on your behalf; project( other than service, maintenance or repairs) to be performed by or on behalf of the additional
in the performance of your ongoing operations for insured( s) at the location of the covered operations the additional insured( s) at the location( s) has been compieted; or designated above. 2. That portion of" your work" out of which the injury or damage arises has been put to its
However:
intended use by any person or organization other

1. The insurance afforded to such additional insured only than another contractor or subcontractor engaged applies to the extent permitted by law; and in perForming operations for a principal as a part of

2. If coverage provided to the additional insured is the same project. required by a contract or agreement, the insurance
afforded to such additional insured will not be broader than that which you are required by the contract or
agreement to provide for such additional insured.

CG 20 10 04 13 O Insurance Services Office, Inc., 2012 Page 1 of 2 357
C. With respect to the insurance afforded to 2. Available under the applicable Limits of these additionai insureds, the following is added to Insurance shown in the Declarations; Section III— Limits Of Insurance: whichever is less.

If coverage provided to the additional insured is This endorsement shall not increase the applicable required by a contract or agreement, the most we Limits of Insurance shown in the Declarations. will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

358
Policy# ATN217764P
United Specialty Insurance Company
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

VEN 051 00 ( 02/ 20)

PRIMARY AND NON- CONTRIBUTING INSURANCE ENDORSEMENT
This endorsement modifies the Conditions provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
The following is added to SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS of the COMMERCIAL GENERAL LIABILITY COVERAGE PART, and supersedes any provision to the contrary:

Primary and Non- Contributory Insurance
Any coverage provided to an Additional Insured under this policy shall be excess over any other valid and collectible insurance available to such Additional Insured whether primary, excess, contingent or on any other basis unless:
a. ( 1) The Additional Insured is a Named Insured under such other insurance; and
2) A fully written contract fully executed prior to the Named Insured' s commencement of work for such Additional Insured for the specificproject that is the subject of the claim, " suit," or" occurrence" expressly requires that this insurance:
i) apply on a primary and non- contributorybasis;
and
ii) would not seek contribution from any other insurance availableto the additional insured.
or
b. Prior to a loss, you request in writing and we agree in writing that this insurance shall apply on a primary and non- contributory basis.

Name Of Person s Or Or anization s
As Required By Written Contract, Fully Executed Prior To The Named Insured' s Work.

All other terms, conditions and exclusions under this policy are applicable to this Endorsement and remain unchanged.

VEN 051 00( 02/ 20) Page 1 of 1
359
Policy: ATN217764P

UNITED SPECIALTY INSURANCE COMPANY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

VEN 064 00 ( 01/ 15)

THIRD PARTY CANCELLATION NOTICE ENDORSEMENT
This endorsement modifies the Conditions provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
If we cancel this policy for any reason other than nonpayment of premium, we will mail notification to the persons or organizations shown in the schedule below ( according to the number of days listed below) once the Named Insured has been notified.

If we cancel this coverage for nonpayment of premium, we will mail a copy of such written notice of cancellation to the name and address below at least 10 days prior to the effective date of such cancellation.

Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy.

SCHEDULE
Name and Address of Other Person/ Orqanization
City of Lathrop, its officers, City Council,
Number of Days Notice boards and commissions and members thereof, its employees and agents
390 Towne Centre Drive 30
Lathrop, CA 95330
All other terms, conditions and exclusions under this policy are applicable to this Endorsement and remain unchanged.

VEN 064 00( 01/ 15) Page 1 of 1
360
Subdivision Improvement Agreement ( River Islands Stage 2B, LLC, Califia, LLC, and River Islands Development Area 1, LLC) with the City of Lathrop for Final Map Tract 4149 West Village District

EXHIBIT C
TRACT 4149 ENGINEER' S ESTIMATE FOR UNFINISHED PORTIONS

OF COLLECTOR AND ARTERIAL ROADS
361
ENG7NE RING
ENGINEER' S BOND ESTIMATE November 2, 2022
COST TO COMPLETE Job No.: 25504- 86
RIVER ISLANDS- PHASE 2

ADDISON AVENUE

CITY OF LATHROP, SAN JOAQUIN COUNTY, CALIFORNIA
Item Description Quantity Unit Unit Price Amount
1 Sanitary Sewer Raising Iron( 0/ Completion) 1 LS $ 2, 400. 00 $ 2, 400. 00 2 Storm Drain Raising Iron( o/ Completion) 1 LS $ 800. 00 $ 800. 00 3 Domestic Water Raising GV' s& Tie- in ( o/ Completion) 1 LS $ 10, 000. 00 $ 10, 000. 00 4 Non Potable Water Raising GV' s& Tie- in ( o/ Completion) 1 LS $ 8, 500. 00 $ 8, 500. 00 5 Joint Trench( s0/ Completion) 1 LS $ 45, 000. 00 $ 45, 000. 00 6 Concrete( 0% Completion) 1 LS $ 192, 600. 00 $ 192, 600. 00 7 Finish Grade, AB& AC Paving ( o/ Completion) 1 LS $ 180, 000. 00 $ 180, 000. 00 8 Striping& Mounments( o/ Completion) 1 LS $ 7, 500. 00 $ 7, 500. 00 TOTAL COST TO COMPLETE § 446, 800. 00
Notes:
1) Estimate for cost to complete based on contractor' s note for Addison Avenue dated 11/ 2/ 2022 v`.. C., v= Ki. aEl' ti__+'a4. dC; >. t ._ v3. c+ c.^ 1, a." vi:.};ti : A3ti•" 57 , c J„ ^ . S;% ei: F b,
e•Gc., ;; W. . 4_ 8
T: 25504- River Islands\ Phase 66- Phase 2 Del Webb South IP\ Word 8 Exce Cost Esfimate\ Cost to Complete 2022- 10- 19 2022- 10- 79 Addison Avenue Cost To Complete. xis\ Improvements 362
ENG1N£ fL1NG
ENGINEER' S BOND ESTIMATE November 2, 2022
COST TO COMPLETE Job No.: 25504- 86
RIVER ISLANDS- PHASE 2

BRADBURY AVENUE

CITY OF LATHROP, SAN JOAQUIN COUNTY, CALIFORNIA
Item Description Quantity Unit Unit Price Amount
1 Sanitary Sewer Raising Iron( o/ Completion) 1 LS $ 2, 900. 00 $ 2, 900. 00 2 Storm Drain Raising Iron( o/ Completion) 1 LS $ 800. 00 $ 800. 00 3 Domestic Water Raising GV' s& Tie- in ( o/ Completion) 1 LS $ 9, 500. 00 $ 9, 500. 00 4 Non Potable Water Raising GV' s& Tie- in ( o/ Completion) 1 LS $ 8, 500. 00 $ 8, 500. 00 5 Joint Trench( 60% Completion) 1 LS $ 78, 000. 00 $ 78, 000. 00 6 Concrete( 0% Completion) 1 LS $ 120, 000. 00 $ 120, 000. 00 7 Finish Grade, AB& AC Paving ( oi Completion) 1 LS $ 236, 500. 00 $ 236, 500. 00 8 Striping& Mounments( 0% Completion) 1 LS $ 8, 500. 00 $ 8, 500. 00 TOTAL COST TO COMPLETE $ 464, 700. 00
Notes:
1) Estimate for cost to complete based on contractor' s note for Bradbury Avenue dated 11/ 2/ 2022 J , .,, tlC.. 11AL_ -_, Sul . .. ,°.. . a i':. t' N ; f. F3 3 • ; 2. 8._ F W r" ii 2Ar',F T: 25504- River Islands\ Phase 86- Phase 2 Del Webb South IP\ Word 8 Ezce Cost Estima[ e\ Cost to Complete@022- 10- 79 2022- 10- 19 Bradbury Avenue Cos[ To Complete. zls\ Improvements 363
ENG1N££ ft1NG
ENGINEER' S BOND ESTIMATE November 2, 2022
COST TO COMPLETE Job No.: 25504- 56
RIVER ISLANDS- PHASE 2

BRIARSTONE LANE

CITY OF LATHROP, SAN JOAQUIN COUNTY, CALIFORNIA
Item Description Quantity Unit Unit Price Amount
1 Storm Drain Raising Iron( o/ Completion) 1 LS $ 800. 00 $ 800. 00 2 Domestic Water Raising GV' s& Tie- in ( o/ Completion) 1 LS $ 10, 500. 00 $ 10, 500. 00 3 Non Potable Water Raising GV' s& Tie- in ( o% Completion) 1 LS $ 8, 500. 00 $ 8, 500. 00 4 Joint Trench( so/ Completion) 1 LS $ 77, 300. 00 $ 77, 300. 00 5 Concrete( o% Completion) 1 LS $ 246, 200. 00 $ 246, 200. 00 6 Finish Grade, AB 8 AC Paving ( o% Completion) 1 LS $ 385, 200. 00 $ 385, 200. 00 7 Striping& Mounments( o/ Completion) 1 LS $ 9, 500. 00 $ 9, 500. 00 TOTAL COST TO COMPLETE $ 738, 000. 00
Notes:
1) Estimate for cost to complete based on contractor's note for Briarstone Lane dated 11/ 2/ 2022

3. i:.' vF , I::, ac'';.;:. t_., _. L. t. _,.t.,.,,. ....^,: 1,'....' N -, 1..- ikio • ._ W._: i.. d:} • . 3 J.. .. 1"' T: 25504- River Islands\ Phase 86- Phase 2 Del Webb South IP\ Word 8 Exce Cost Estlmate\ Cost to Complete 2022- 10- 19 2022- 10- 19 Bnarstone Lane Cost To Completexls\ Improvements 364
ENGiN£ EK1NG
ENGINEER' S BOND ESTIMATE November 2, 2022
COST TO COMPLETE Job No.: 25504- 62
RIVER ISLANDS- PHASE 2

CALLERTON AVENUE

CITY OF LATHROP, SAN JOAQUIN COUNTY, CALIFORNIA
Item Description Quantity Unit Unit Price Amount
1 Sanitary Sewer Raising Iron& Tie- in at Bridge ( o/ Completion) 1 LS $ 101, 800. 00 $ 101, 800. 00 2 Storm Drain Raising Iron( o% Completion) 1 LS $ 1, 600. 00 $ 1, 600. 00 3 Domestic Water Raising GV' s& Tie- in at Bridge ( o/ Completion) 1 LS $ 78, 500. 00 $ 78, 500. 00 4 Non Potable Water Raising Iron& Tie- in at Bridge ( o/ Completion) 1 LS $ 105, 000. 00 $ 105, 000. 00 5 Lake Fill Line Raising Iron& Tie- in at Bridge ( o/ Completion) 1 LS $ 176, 000. 00 $ 176, 000. 00 6 Joint Trench( 60% Completion) 1 LS $ 778, 700. 00 $ 778, 700. 00 7 Bridge( 0% Completion) 1 LS $ 1, 800, 000. 00 $ 1, 800, 000. 00 8 AC Paving( o% Completion) 1 LS $ 972, 400. 00 $ 972, 400. 00 9 Striping& Mounments( o/ Completion) 1 LS $ 25, 000. 00 $ 25, 000. 00 TOTAL COST TO COMPLETE 5 4, 039, 000. 00
Notes:
1) Estimate for cost to complete based on contractor's note for Callerton Avenue dated 11/ 2/ 2022 7' OG.". ._ lis ar 4= i_.. ... r,,,t? , 1 __ 3:.,_ aS?' v' Q i CJr' f r: H - r' £ b._. o., rG F. C7S', 2 k::..

T: 25504- River Islands\ Phase 62- Phase 2 A Street IP\ Word& Ezce Cost Esfimate\ Cost b Complete 2022- 10- 19 2022- 10- 19 Callerton Avenue Cost To Complete. zls\ Improvemenis 365
NG1N£ EfZ7NG
ENGINEER' S BOND ESTIMATE November 2, 2022
COST TO COMPLETE Job No.: 25504-
RIVER ISLANDS- PHASE 2 83& 84

HARBOR VIEW AVENUE

CITY OF LATHROP, SAN JOAQUIN COUNTY, CALIFORNIA
Item Description Quantity Unit Unit Price Amount
1 Sanitary Sewer Raising Iron( o/ Completion) 1 LS $ 4, 800. 00 $ 4, 800. 00 2 Storm Drain Raising Iron( o/ Completion) 1 LS $ 2, 400. 00 $ 2, 400. 00 3 Domestic Water Raising Iron& Tie- in ( o/ Completion) 1 LS $ 14, 500. 00 $ 14, 500. 00 4 Non Potable Water Raising Iron& Tie- in ( o/ Completion) 1 LS $ 8, 500. 00 $ 8, 500. 00 5 Joint Trench( so% Completion) 1 LS $ 359, 000. 00 $ 359, 000. 00 6 Concrete( o% Completion) 1 LS $ 414, 200. 00 $ 414, 200. 00 7 Finish Grade, AB& AC Paving ( o/ Completion) 1 LS $ 927, 800. 00 $ 927, 800. 00 8 Striping& Mounments( o/ Completion) 1 LS $ 18, 000. 00 $ 18, 000. 00 TOTAL COST TO COMPLETE a 1, 749, 200. 00
Notes:
1) Estimate for cost to complete based on contractor' s note for Harbor View Avenue dated 11/ 2/ 2022 d : i , i._' C";. s.7_ sa..'< fi a_1! i:-, G c . i i4!+. l'v.,: r'+,? r; E. . G G: 5L. 3« r r. 39 l... t,:;H
T: 25504- River Islands\ Phase 83- Phase 2 V llage 40 IP\ Word& Excel\ Cost to Complete 2022- 10- 19 2022- 10- 19 Har6or View Avenue Cost To Complete. zls\ Imp ovements 366
ENG7NE£ f 1NG
ENGINEER' S BOND ESTIMATE November 2, 2022
COST TO COMPLETE Job No.: 25504- 86
RIVER ISLANDS- PHASE 2

HAVERHILL LANE

CITY OF LATHROP, SAN JOAQUIN COUNTY, CALIFORNIA
Item Description Quantity Unit Unit Price Amount
1 Sanitary Sewer Raising Iron( o/ Completion) 1 LS $ 2, 400. 00 $ 2, 400. 00 2 Storm Drain Raising Iron( o% Completion) 1 LS $ 1, 600. 00 $ 1, 600. 00 3 Domestic Water Raising GV' s& Tie- in ( o/ Completion) 1 LS $ 12, 000. 00 $ 12, 000. 00 4 Non Potable Water Raising GV' s& Tie- in ( o/ Completion) 1 LS $ 8, 500. 00 $ 8, 500. 00 5 Lake Fill Line Raising GV' s& Tie- in ( o/ Completion) 1 LS $ 8, 500. 00 $ 8, 500. 00 6 Joint Trench( 60/ Completion) 1 LS $ 222, 000. 00 $ 222, 000. 00 7 Finish Grade, AB& AC Paving ( o/ Completion) 1 LS $ 240, 000. 00 $ 240, 000. 00 8 Striping& Mounments( o% Completion) 1 LS $ 17, 500. 00 $ 17, 500. 00 TOTAL COST TO COMPLETE S 512, 500. 00
Notes:
1) Estimate for cost to complete based on contractor' s note for Haverhill Lane dated 11/ 2/ 2022 t_ ,._ RIC.. E h°' t_ , r:- c_ 3 _.. .,.._. i43" w N ; A';. n8 • £:. h._... aw4G F J9 ai ;:

T: 25504- River IslandslPhase Bfi- Phase 2 Del Webb Soufh IPlWord 8 Eecel\ Cost Estimate\ Cost to Complete 2022- 10- 19 2022- 10- 19 Have hill Lane Cost To Complete. xls\ Improvements 367
ENGINEER' S BOND ESTIMATE November 2, 2022
COST TO COMPLETE Job No.: 25504- 82
RIVER ISLANDS- PHASE 2
WINTON AVENUE 8 ROLL TIDE WAY

CITY OF LATHROP, SAN JOAQUIN COUNTY, CALIFORNIA
Item Description Quantity Unit Unit Price Amount
Sanitary Sewer Raising Iron& Setting SSCO Boxes ( o/ Completion) 1 LS $ 902, 900. 00 $ 902, 900. 00 2 Storm Drain Raising Iron ( o/ Completion) 1 LS $ 1, 746, 400. 00 $ 1, 746, 400. 00 g
Domestic Water Raising Iron& Setting Water Boxes ( o/ Completion) 1 LS $ 1, 508, 100. 00 $ 1, 508, 100. 00 q Recycled Water Raising Iron& Setting Water Boxes ( o% Completion) 1 LS $ 247, 200. 00 $ 247, 200. 00 5 Joint Trench( 60/ Completion) 1 LS $ 677, 100. 00 $ 940, 500. 00 6 Concrete( oi Completion) 1 LS $ 724, 000. 00 $ 724, 000. 00 7 Finish Grade, AB& AC Paving ( o% Completion) 1 LS $ 1, 088, 600. 00 $ 1, 088, 600. 00 g Striping& Monuments ( o/ Completion) 1 LS $ 22, 500. 00 $ 22, 500. 00 TOTAL COST TO COMPLETE $ $ 7, 180, 200. 00
Notes:
1) Estimate for cost to complete based on contractor' s note for Winton Avenue& Roll Tide Way dated 11/ 2/ 2022 T: 25504- River Islands\ Phase 82- Phase 2 Del We6b O(( site BB IP\ Word& Excel\ Estimates\ Cost to Complete 2022- 10- 19 2022- 10- 19 Winton Avenue& Roll Tde Way Cost To Complete. xls\ Improvements 368
Subdivision Improvement Agreement( River Islands Stage 2B, LLC, Califia, LLC, and River Islands Development Area 1, LLC) with the City of Lathrop for Final Map Tract 4149 West Village District

EXHIBIT D
TRACT 4149 ENGINEER' S ESTIMATE FOR

COLLECTOR AND ARTERIAL ROADS
369
ENG7N£ EfZ1NG
DRAFT ENGINEER'S OPINION OF PROBABLE COST October 27, 2022 PHASE 2 DEL WEBB Job No.: 25504- 86

ADDISON AVENUE

RIVER ISLANDS

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

ROADWAY
1 Fine Grading 118, 300 SF $ 0. 45 $ 53, 235. 00
2 4. 5" AC Paving 63, 700 SF $ 2. 25 $ 143, 325. 00
3 8" Aggregate Base 63, 700 SF $ 1. 20 $ 76, 440. 00
q Vertical Curb and Gutter( with AB cushion) 2, 250 LF $ 25. 00 $ 56, 250. 00 5 Rolled Curb and Gutter( with AB cushion) 1, 660 LF $ 25. 00 $ 41, 500. 00 g Roundabout Curb( with AB cushion) 500 LF $ 15. 00 $ 7, 500. 00 7 Splitter Island Curb ( with AB cushion) 450 LF $ 35. 00 $ 15, 750. 00 8 Roundabout Concrete 4, 280 SF $ 15. 00 $ 64, 200. 00
9 Concrete Sidewalk 15,400 SF $ 6. 00 $ 92, 400. 00
10 Driveway Approach 33 EA $ 600. 00 $ 19, 800. 00
11 Handicap Ramps 14 EA $ 2, 500. 00 $ 35, 000. 00
12 Survey Monuments 7 EA $ 300. 00 $ 2, 100. 00
13 Traffic Signing& Striping 1, 490 LF $ 5. 00 $ 7, 450. 00 14 Dewatering( budget) 1, 490 LF $ 100. 00 $ 149, 000. 00 Subtotal Roadway 763, 950. 00

STORM DRAIN
15 15" Storm Drain Pipe( polypropylene) 190 LF $ 80.00 $ 15, 200. 00 16 18" Storm Drain Pipe( polypropylene) 790 LF $ 90. 00 $ 71, 100. 00 17 24" Storm Drain Pipe ( polypropylene) 500 LF $ 120. 00 $ 60, 000. 00 18 36" Storm Drain Pipe( polypropylene) 140 LF $ 190. 00 $ 26, 600. 00 1g 42" Storm Drain Pipe( RCP) 70 LF $ 330. 00 $ 23, 100. 00 Zp Catch Basins( type 1 inlet over type 1 manhole base) 8 EA $ 6, 500. 00 $ 52, 000. 00 21 Manholes( type I) 3 EA $ 9, 000. 00 $ 27, 000. 00
22 Manholes( type ll) 1 EA $ 14, 000. 00 $ 14, 000. 00
23 Stub& Plug 5 EA $ 1, 000. 00 $ 5, 000. 00
Subtotal Storm Drain 294, 000. 00

SANITARY SEWER
24 8" Sanitary Sewer Pipe 1, 480 LF $ 90. 00 $ 133,200.00 25 18" Sanitary Sewer Pipe 100 LF $ 180. 00 $ 18, 000. 00 26 30" Sanitary Sewer Pipe 80 LF $ 240. 00 $ 19, 200. 00 27 Manholes 4 EA $ 10, 000. 00 $ 40, 000. 00
28 Sewer Service 33 EA $ 2,500.00 $ 82, 500. 00
29 Sewer Stub& Plug 4 EA $ 1, 000. 00 $ 4, 000. 00
Subtotal Sanitary Sewer 296, 900. 00
U„ T`._' K:i'."..''.»'....._, :(. I e 5,,.. GA.:;.+;' d::.}? I. i: k;.t l., ob • r ..._' a b.:. E W} . lc r.;? ... 9:...

T:\ 25504- River Islands\ Phase 86- Phase 2 Del Webb South IP\ Word& Excel\ Cos[ Es[ imate\ Addison Ave Cost Es[ imate( Ph2 Unit Price. zlsx\ Area 2 370
NGiNE£ f{1NG
Item Description Quantity Unit Unit Price Amount

WATER SUPPLY
30 8" Water Line( including all appurtenances) 1, 020 LF $ 80. 00 $ 81, 600. 00 31 12" Water Line( including all appurtenances) 850 LF $ 120. 00 $ 102, 000. 00 32 GV 12 EA $ 2,600.00 $ 31, 200. 00
33 1- 1/ 2" WaterService 33 EA $ 2, 500. 00 $ 82, 500. 00 34 Fire Hydrants 2 EA $ 11, 000. 00 $ 22, 000. 00
35 Blow- Off 5 EA $ 1, 500. 00 $ 7, 500.00
Subtotal Water 326, 800. 00

NON- POTABLE WATER SUPPLY
36 8" Non- Potable Water Line( including all appurtenances) 1, 320 LF $ 80. 00 $ 105, 600. 00 37 10" Non- Potable Water Line ( including all appurtenances) 310 LF $ 100. 00 $ 31, 000. 00 38 GV 5 EA $ 3, 000. 00 $ 15, 000. 00
39 Blow- Off 3 EA $ 1, 500. 00 $ 4, 500. 00
Subtotal Non- Potable Water 156, 100. 00

LAKE FILL WATER
40 6" Lake Fill Water Line ( including all appurtenances) 100 LF $ 80. 00 $ 8, 000. 00 41 24" Lake Fill Water Line ( including all appurtenances) 240 LF $ 370. 00 $ 88, 800. 00 42 Blow-Off 1 EA $ 9, 500. 00 $ 9, 500. 00
43 Stub& Plug 3 EA $ 3, 500. 00 $ 10, 500. 00
Subtotal Lake Fill Water 116, 800. 00
SUBTOTAL CONSTRUCTION COST $ 1, 954, 550. 00
20% CONTINGENCY $
TOTAL CONSTRUCTION COST( nearest$ 7, 000) $ 1, 955, 000. 00 Notes:
1) Unit prices are based on estimated current construction costs and no provision for inflation is included. 2) This estimate does not include surveying, engineering, clearing, grading, erosion control, landscaping, irrigation, or street trees. 3) This estimate assumes all of the Del Webb backbone streets are constructured at the same time and ahead of any other in- tract street improvements.
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ENG1N fL1NG
DRAFT ENGINEER' S OPINION OF PROBABLE COST October 27, 2022 PHASE 2 DEL WEBB Job No.: 25504- 86

BRADBURY AVENUE

RIVER ISLANDS

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

ROADWAY
1 Fine Grading 64, 200 SF $ 0. 45 $ 28, 890. 00
2 4. 5" AC Paving 30, 300 SF $ 2. 25 $ 68, 175. 00
3 8" Aggregate Base 30, 300 SF $ 1. 20 $ 36,360. 00
4 Vertical Curb and Gutter( with AB cushion) 250 LF $ 25. 00 $ 6, 250. 00 5 Rolled Curb and Gutter( with AB cushion) 1, 650 LF $ 25. 00 $ 41, 250. 00 6 Concrete Sidewalk 10, 300 SF $ 6.00 $ 61, 800. 00
7 Driveway Approach 26 EA $ 600. 00 $ 15, 600. 00
8 Handicap Ramps 2 EA $ 2, 500. 00 $ 5, 000. 00
9 Survey Monuments 3 EA $ 300. 00 $ 900. 00
10 Traffic Signing& Striping 1, 100 LF $ 5.00 $ 5, 500. 00 11 Dewatering( budget) 1, 100 LF $ 100. 00 $ 110, 000. 00 Subtotal Roadway 379, 725. 00

STORM DRAIN
2 15" Storm Drain Pipe (polypropylene) 140 LF $ 80. 00 $ 11, 200. 00 13 18" Storm Drain Pipe ( polypropylene) 570 LF $ 90. 00 $ 51, 300. 00 14 42" Storm Drain Pipe ( RCP) 30 LF $ 330. 00 $ 9, 900.00 15 48" Storm Drain Pipe( RCP) 190 LF $ 350. 00 $ 66, 500. 00 16 Catch Basins( type 1 inlet over type 1 manhole base) 6 EA $ 6, 500. 00 $ 39, 000. 00 17 Catch Basins( type 1 inlet over type lli manhole base) 2 EA $ 18, 000. 00 $ 36,000. 00 18 Storm Drain Stub& Plug 1 EA $ 1, 000. 00 $ 1, 000. 00 19 Connect to Existing 2 EA $ 2, 000. 00 $ 4, 000. 00
Subtotal Storm Drain 218, 900. 00

SANITARY SEWER
20 8" Sanitary Sewer Pipe 820 LF $ 90. 00 $ 73, 800. 00 21 Manholes( type I) 3 EA $ 10, 000. 00 $ 30,000. 00
22 Sewer Service 26 EA $ 2, 500. 00 $ 65, 000. 00
Subtotal Sanitary Sewer 168, 800. 00

WATER SUPPLY
23 8" Water Line( including all appurtenances) 3, 180 LF $ 80. 00 $ 254, 400. 00 24 GV 4 EA $ 2, 600. 00 $ 10, 400. 00
25 1- 1/ 2" Water Service 26 EA $ 2, 500. 00 $ 65, 000. 00 26 Fire Hydrants 2 EA $ 11, 000.00 $ 22, 000.00
27 Blow- Off 1 EA $ 1, 500. 00 $ 1, 500. 00
Subtotal Water 353, 300. 00
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ENG1NE ft1NG
Item Description Quantity Unit Unit Price Amount

NON- POTABLE WATER
2g 8" Non- Potable Water Line ( including all appurtenances) 990 LF $ 80. 00 $ 79, 200. 00 Subtotal Non- Potable Water 79, 200. 00

LAKE FILL LINE
2g 24" Lake Fill Line ( including all appurtenances) 230 LF $ 370. 00 $ 85, 100. 00 30 Stub& Plug 1 EA $ 3, 500. 00 $ 3,500. 00
31 ConnecttoExisting 1 EA $ 11, 500. 00 $ 11, 500. 00
Subtotal Lake Fill Line 100, 100. 00
SUBTOTAL CONSTRUCTION COST $ 1, 300, 025. 00
20°/a CONTINGENCY $
TOTAL CONSTRUCTION COST( nearest$ 1, 000) $ 1, 301, 000. 00 Notes:
1) Unit prices are based on estimated current construction costs and no provision for inflation is included. 2) This estimate does not include surveying, engineering, clearing, grading, erosion control, landscaping, irrigation, or street trees. 3) This estimate assumes all of the Del Webb backbone streets are constructured at the same time and ahead of any other in- tract street improvements.
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ENG7NE£ fZl NG
DRAFT ENGINEER' S OPINION OF PROBABLE COST October 27, 2022 PHASE 2 DEL WEBB Job No.: 25504- 86

BRIARSTONE LANE

RIVER ISLANDS

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

ROADWAY
1 Fine Grading 121, 800 SF $ 0. 45 $ 54, 810. 00
2 4. 5" AC Paving 88,400 SF $ 2. 25 $ 198, 900. 00
3 8" Aggregate Base 88,400 SF $ 1. 20 $ 106, 080. 00
4 Vertical Curb and Gutter( with AB cushion) 2, 020 LF $ 25. 00 $ 50, 500. 00 5 Rolled Curb and Gutter( with AB cushion) 90 LF $ 25. 00 $ 2, 250. 00 g Type F Median Curb( with AB cushion) 2, 180 LF $ 30. 00 $ 65, 400. 00 7 Concrete Sidewalk 16, 300 SF $ 6. 00 $ 97, 800. 00
8 Driveway Approach 3 EA $ 600.00 $ 1, 800. 00
9 Handicap Ramps 6 EA $ 2, 500. 00 $ 15, 000. 00
10 Survey Monuments 2 EA $ 300. 00 $ 600. 00
11 Traffic Signing& Striping 1, 060 LF $ 5.00 $ 5, 300. 00 2 Dewatering ( budget) 1, 060 LF $ 100. 00 $ 106, 000. 00 Subtotal Roadway 704,440.00

STORM DRAIN
13 15" Storm Drain Pipe( polypropylene) 490 LF $ 80. 00 $ 39, 200. 00 14 18" Storm Drain Pipe( polypropylene) 150 LF $ 90. 00 $ 13, 500. 00 15 30" Storm Drain Pipe( polypropylene) 30 LF $ 150. 00 $ 4, 500. 00 16 48" Storm Drain Pipe( RCP) 1, 000 LF $ 350. 00 $ 350, 000.00 7 Catch Basins( type I inlet over type I manhole base) 3 EA $ 6, 500. 00 $ 19, 500. 00 18 Catch Basins( type 1 inlet over type Ili manhole base) 3 EA $ 18, 000.00 $ 54, 000. 00 g Catch Basins( type C inlet over type 1 manhole base) 5 EA $ 6, 000. 00 $ 30, 000. 00 2p Manholes( type lil) 1 EA $ 18, 000. 00 $ 18, 000. 00 21 Stub& Plug 4 EA $ 1, 000.00 $ 4, 000. 00
Subtotal Storm Drain 532, 700. 00

WATER SUPPLY
22 8" Water Line( including all appurtenances) 1, 170 LF $ 80. 00 $ 93, 600. 00 23 GV 4 EA $ 2, 600. 00 $ 10, 400.00
24 Fire Hydrants 3 EA $ 11, 000. 00 $ 33, 000. 00
25 Blow-Off 3 EA $ 1, 500. 00 $ 4, 500. 00
Subtotal Water 141, 500. 00

NON- POTABLE WATER
26 8" Non- Potable Water Line( including all appurtenances) 990 LF $ 35. 00 $ 34, 650. 00 36 Stub and Plug 1 EA $ 1, 000. 00 $ 1, 000. 00
Subtotal Non- Potable Water 35, 650. 00
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ENG1N£ Eff1NG
Item Description Quantity Unit Unit Price Amount
SUBTOTAL CONSTRUCTION COST $ 1, 414, 290. 00
20% CONTINGENCY $
TOTAL CONSTRUCTION COST( nearest$ 1, 000) $ 1, 415, 000. 00 Notes:
1) Unit prices are based on estimated current construction costs and no provision for inflation is included. 2) This estimate does not include surveying, engineering, clearing, grading, erosion control, landscaping, irrigation, or street trees. 3) This estimate assumes all of the Del Webb backbone streets are constructured at the same time and ahead of any other in- tract street improvements.
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NGiN EEf 1NG
ENGINEER' S PRELiMINARY COST ESTIMATE October 27, 2022
RIVER ISLANDS Job No.: 25504-
HARBOR VIEW AVENUE 84& 85

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

ROADWAY
1 Fine Grading 143, 600 SF $ 0.45 $ 64, 620. 00
2 4. 5" AC Paving 71, 600 SF $ 2. 25 $ 161, 100. 00
3 8" Aggregate Base 71, 600 SF $ 1. 20 $ 85, 920. 00
4 Vertical Curb and Gutter( with AB cushion) 3, 150 LF $ 25. 00 $ 78, 750. 00 5 Rolled Curb and Gutter( with AB cushion) 900 LF $ 25. 00 $ 22, 500. 00 6 Type F Median Curb( with AB cushion) 210 LF $ 30. 00 $ 6, 300. 00 7 Concrete Sidewalk 31, 700 SF $ 6. 00 $ 190, 200. 00
8 Driveway Approach 21 EA $ 600.00 $ 12, 600. 00
9 Handicap Ramps 10 EA $ 2, 500. 00 $ 25, 000. 00
10 Survey Monuments 6 EA $ 300. 00 $ 1, 800. 00
11 Traffic Signing& Striping 2, 030 LF $ 5. 00 $ 10, 150. 00 Z Dewatering ( budget) 2, 030 LF $ 100. 00 $ 203, 000. 00 Subtotal Roadway 861, 940. 00

STORM DRAIN
13 15" Storm Drain Pipe( polypropylene) 70 LF $ 80. 00 $ 5, 600. 00 14 24" Storm Drain Pipe ( polypropylene) 260 LF $ 120. 00 $ 31, 200.00 15 30" Storm Drain Pipe ( polypropylene) 150 LF $ 150. 00 $ 22, 500. 00 16 36" Storm Drain Pipe ( polypropylene) 810 LF $ 190.00 $ 153, 900. 00 7 48" Storm Drain Pipe (RCP) 960 LF $ 350. 00 $ 336, 000. 00 18 Catch Basins( type 1 inlet over type 1 manhole base) 4 EA $ 6, 500. 00 $ 26, 000. 00 19 Catch Basins( type I inlet over type 11 manhole base) 3 EA $ 13, 000. 00 $ 39, 000. 00 2p Catch Basins( type 1 inlet over type 111 manhole base) 5 EA $ 18, 000. 00 $ 90, 000. 00 21 Catch Basins( type C inlet) 4 EA $ 4,000. 00 $ 16, 000. 00 22 Manholes( type ll) 1 EA $ 14, 000. 00 $ 14, 000. 00
23 Manholes( type lll) 4 EA $ 18, 000. 00 $ 72, 000. 00 24 Strom Drain Stub& Plug 1 EA $ 1, 000. 00 $ 1, 000. 00 25 Connect to Existing 1 EA $ 2, 000. 00 $ 2, 000. 00
Subtotal Storm Drain 809, 200. 00

SANITARY SEWER
26 8" Sanitary Sewer Pipe 2, 160 LF $ 90. 00 $ 194, 400. 00 27 10" Sanitary Sewer Pipe 50 LF $ 130. 00 $ 6, 500. 00 2g Manholes( type 1) 7 EA $ 10, 000. 00 $ 70, 000. 00
29 Sewer Service 21 EA $ 2, 500. 00 $ 52, 500. 00
30 Sewer Stub& Plug 4 EA $ 1, 000. 00 $ 4, 000.00
31 Connect to Existing 1 EA $ 3, 500. 00 $ 3, 500. 00
Subtotal Sanitary Sewer 330, 900. 00
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EtVGiN££ RiNG
Item Description Quantity Unit Unit Price Amount

WATER SUPPLY
32 8" Water Line ( including all appurtenances) 2,400 LF $ 80.00 $ 192, 000. 00 33 GV 16 EA $ 2, 600. 00 $ 41, 600. 00
34 1- 1/ 2" Water Service 21 EA $ 2, 500. 00 $ 52, 500. 00 35 Fire Hydrants 4 EA $ 11, 000. 00 $ 44, 000. 00
36 Blow-Off 4 EA $ 1, 500. 00 $ 6, 000. 00
37 Connect to Existing 1 EA $ 7, 000. 00 $ 7, 000. 00
Subtotal Water 343, 100. 00

NON- POTABLE WATER
3g 10" Non- Potable Water Line ( including all appurtenances) 2, 040 LF $ 100. 00 $ 204, 000. 00 39 Blow-Off 1 EA $ 1, 500. 00 $ 1, 500. 00
40 Connect to Existing 1 EA $ 7, 500.00 $ 7, 500. 00
Subtotal Non- Potable Water 213, 000. 00
SUBTOTAL CONSTRUCTION COST $ 2, 558, 140. 00
20% CONTINGENCY $
TOTAL CONSTRUCTION COST( nearest$ 1, 000) $ 2, 559, 000. 00 Notes:
1) Unit prices are based on estimated current construction costs and no provision for inflation is included. 2) This estimate does not include surveying, engineering, clearing, grading, erosion control, landscaping, irrigation, or street trees. 3) This estimate assumes Harbot View Avenue from Village 40& 41 improvement plans is constructured at the same time and ahead of any other in- tract street improvements.

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NG7N£ f 1NG
DRAFT ENGINEER'S OPINION OF PROBABLE COST October 27, 2022 PHASE 2 DEL WEBB Job No.: 25504- 86

HAVERHILL LANE

RIVER ISLANDS

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

ROADWAY
1 Fine Grading 121, 200 SF $ 0. 45 $ 54, 540. 00
2 4. 5" AC Paving 76, 900 SF $ 2. 25 $ 173, 025. 00
3 8" Aggregate Base 76, 900 SF $ 1. 20 $ 92, 280. 00
4 Vertical Curb and Gutter( with AB cushion) 2, 330 LF $ 25. 00 $ 58, 250. 00 5 Concrete Sidewalk 18, 200 SF $ 6. 00 $ 109, 200. 00
6 Handicap Ramps 6 EA $ 2, 500. 00 $ 15, 000. 00
7 Survey Monuments 3 EA $ 300. 00 $ 900. 00
8 Traffic Signing & Striping 1, 180 LF $ 5. 00 $ 5, 900. 00 g Dewatering( budget) 1, 180 LF $ 100. 00 $ 118, 000. 00 Subtotal Roadway 627, 095. 00

STORM DRAIN
10 15" Storm Drain Pipe( polypropylene) 440 LF $ 80. 00 $ 35, 200. 00 11 18" Storm Drain Pipe( polypropylene) 90 LF $ 90. 00 $ 8, 100.00 Z 24" Storm Drain Pipe( polypropylene) 620 LF $ 120. 00 $ 74, 400. 00 13 Catch Basins( type I inlet over type 1 manhole base) 7 EA $ 6, 500. 00 $ 45, 500.00 14 Catch Basins( rype C inlet) 1 EA $ 4, 000. 00 $ 4, 000. 00 15 Manholes( rype 1) 1 EA $ 9, 000. 00 $ 9, 000. 00
16 Storm Drain Stub& Plug 3 EA $ 1, 000. 00 $ 3, 000. 00 17 Connect to Existing 1 EA $ 2, 000. 00 $ 2, 000.00
Subtotal Storm Drain 181, 200. 00

SANITARY SEWER
18 8" Sanitary Sewer Pipe 80 LF $ 90.00 $ 7, 200. 00
19 12" Sanitary Sewer Pipe 70 LF $ 150. 00 $ 10, 500. 00 20 30" Sanitary Sewer Pipe 610 LF $ 240. 00 $ 146, 400. 00 21 Manhole( Trunk) 3 EA $ 14, 000. 00 $ 42, 000. 00
22 Sewer Stub& Plug 3 EA $ 1, 000. 00 $ 3, 000. 00
23 Connect to Existing 1 EA $ 3, 500. 00 $ 3, 500. 00
Subtotal Sanitary Sewer 212, 600. 00

WATER SUPPLY
24 8" Water Line( including all appurtenances) 50 LF $ 80. 00 $ 4, 000. 00 25 12" Water Line( including all appurtenances) 1, 210 LF $ 120. 00 $ 145, 200. 00 26 GV 6 EA $ 2, 600. 00 $ 15, 600. 00
27 Fire Hydrants 3 EA $ 11, 000. 00 $ 33, 000. 00
28 Blow- Off 3 EA $ 1, 500. 00 $ 4, 500. 00
29 Connect to Existing 1 EA $ 7, 000. 00 $ 7, 000. 00
Subtotal Water 209, 300. 00
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ENG1N£ Efi1NG
Item Description Quantity Unit Unit Price Amount

NON- POTABLE WATER
30 8" Non- Potable Water Line( including all appurtenances) 1, 120 LF $ 80. 00 $ 89, 600. 00 31 Blow-Off 1 EA $ 1, 500. 00 $ 1, 500. 00
32 Connect to Existing 1 EA $ 7, 500.00 $ 7, 500. 00
Subtotal Water 98, 600. 00

LAKE FILL WATER
33 24" Lake Fill Water Line( including all appurtenances) 520 LF $ 370. 00 $ 192, 400. 00 34 Blow- Off 1 EA $ 9, 500. 00 $ 9, 500.00
35 Lake Fill Stub& Plug 1 3, 500. 00 $ 3, 500.00
36 ConnecttoExisting 1 EA $ 11, 500. 00 $ 11, 500. 00
Subtotal Lake Fill Water 216, 900. 00
SUBTOTAL CONSTRUCTION COST $ 1, 545, 695. 00
20% CONTINGENCY $
TOTAL CONSTRUCTION COST( nearest$ 1, 000) $ 1, 546, 000. 00 Notes:
1) Unit prices are based on estimated current construction costs and no provision for inflation is included. 2) This estimate does not include surveying, engineering, clearing, grading, erosion control, landscaping, irrigation, or street trees. 3) This estimate assumes all of the Del Webb backbone streets are constructured at the same time and ahead of any other in- tract street improvements.
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ENG7NEEi 1NG
DRAFT ENGINEER' S OPINION OF PROBABLE COST October 28, 2022 RIVER ISLANDS- PHASE 2 Job No.: 25504- 62

CALLERTON AVENUE

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

STREET WORK
1 Fine Grading 541, 800 SF $ 0. 45 $ 243, 810. 00
2 4. 5" AC Paving 348, 400 SF $ 2. 25 $ 783, 900. 00
3 8" Aggregate Base 348, 400 SF $ 1. 20 $ 418, 080. 00
4 Vertical Curb and Gutter( with AB cushion) 10, 700 LF $ 25. 00 $ 267, 500. 00 5 Type F Median Curb( with AB cushion) 6, 700 LF $ 30. 00 $ 201, 000. 00 6 Concrete Sidewalk 83, 500 SF $ 6. 00 $ 501, 000. 00
7 Driveway Approach EA $ 600. 00 $
8 Handicap Ramps 18 EA $ 2, 500. 00 $ 45, 000. 00
9 Sunrey Monuments 8 EA $ 300. 00 $ 2, 400. 00
10 Traffic Striping& Signage 5, 810 LF $ 5. 00 $ 29, 050. 00 11 Dewatering( budget) 5, 810 LF $ 100. 00 $ 581, 000. 00 Subtotal Street Work 3, 072, 740. 00

STORM DRAIN
12 Catch Basins( rype A inlet) 10 EA $ 4, 500. 00 $ 45, 000. 00 13 Catch Basins( type A inlet over type I manhole base) 16 EA $ 6, 000. 00 $ 96, 000. 00 14 Catch Basins( type A inlet overtype ll manhole base) 2 EA $ 13, 000. 00 $ 26, 000. 00 15 15" Storm Drain Pipe( polypropylene) 2, 110 LF $ 80. 00 $ 168, 800. 00 16 18" Storm Drain Pipe( polypropylene) 540 LF $ 90. 00 $ 48, 600. 00 17 24" Storm Drain Pipe( polypropylene) 1, 670 LF $ 120. 00 $ 200, 400. 00 18 30" Storm Drain Pipe( polypropylene) 180 LF $ 150. 00 $ 27, 000. 00 19 36" Storm Drain Pipe( polypropylene) 280 LF $ 190. 00 $ 53, 200. 00 20 48" Storm Drain Pipe( RCP) 50 LF $ 350. 00 $ 17, 500. 00 21 Manholes( type I) 1 EA $ 9, 000. 00 $ 9, 000. 00
22 Manholes( type ll) 2 EA $ 14, 000. 00 $ 28, 000. 00
23 Connect to Existing EA $ 2, 000. 00 $
24 Storm Drain Stub& Plug 5 EA $ 1, 000. 00 $ 5, 000.00 25 Storm Drain Outfall 3 EA $ 5, 000. 00 $ 15, 000. 00
Subtotal Storm Drain 739, 500. 00
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ENG7N£ Ei21NG
Item Description Quantity Unit Unit Price Amount

SANITARY SEWER
26 4" Sanitary Sewer Force Main Pipe( PVC) 1, 960 LF $ 70. 00 $ 137, 200. 00 27 4" Sanitary Sewer Force Main Pipe( DIP) 190 LF $ 250. 00 $ 47, 500. 00 28 8" Sanitary Sewer Force Main Pipe( PVC) 1, 960 LF $ 90. 00 $ 176, 400. 00 29 8" Sanitary Sewer Force Main Pipe( DIP) 190 LF $ 350. 00 $ 66, 500. 00 30 8" Sanitary Sewer Pipe( PVC) 520 LF $ 90. 00 $ 46, 800. 00 31 12" Sanitary Sewer Pipe( PVC) 30 LF $ 150. 00 $ 4, 500. 00 32 18" Sanitary Sewer Pipe 3, 000 LF $ 180. 00 $ 540, 000. 00 33 30" Sanitary Sewer Pipe 210 LF $ 240. 00 $ 50, 400. 00 34 Manholes( type I) 2 EA $ 10, 000. 00 $ 20, 000. 00
35 Manholes( trunk) 11 EA $ 14, 000. 00 $ 154, 000. 00
36 Manholes( drop) 1 EA $ 10, 000. 00 $ 10, 000. 00
37 Connect to Existing 2 EA $ 3, 500. 00 $ 7, 000. 00
38 Sanitary Sewer Stub& Plug 7 EA $ 1, 500. 00 $ 10, 500. 00 39 4" EBAA Expansion Joint° 2 EA $ 7, 807. 35 $ 15, 614. 70 40 8" EBAA Expansion Joint° 2 EA $ 7, 807. 35 $ 15, 614. 70 Subtotal Sanitary Sewer 1, 302, 029. 40

WATER SUPPLY
41 8" Water Line( including all appurtenances) ( PVC) 390 LF $ 80. 00 $ 31, 200. 00 42 12" Water Line( including all appurtenances) ( PVC) 5, 200 LF $ 120. 00 $ 624, 000. 00 43 12" Water Line( including all appurtenances) ( DIP) 100 LF $ 370. 00 $ 37, 000. 00 44 Fire Hydrants 12 EA $ 11, 000. 00 $ 132, 000. 00
45 Blow Off Valve 10 EA $ 7, 500. 00 $ 75, 000.00
46 Air Release Valve 4 EA $ 4, 000. 00 $ 16, 000. 00
47 8" Resilient Gate Valve 5 EA $ 2, 600. 00 $ 13, 000. 00 48 12" Resilient Gate Valve 21 EA $ 4, 500. 00 $ 94, 500. 00 49 Connect to Existing 1 EA $ 7, 000. 00 $ 7, 000. 00
50 Water Stub& Plug 6 EA $ 1, 500. 00 $ 9, 000. 00
51 12" EBAA Expansion Joint° 2 EA $ 7, 807. 35 $ 15, 614. 70 Subtotal Water Supply 1, 054, 314. 70

NON- POTABLE WATER
52 8" Non- Potable Water Line( including all appurtenances) ( PVC) 100 LF $ 80. 00 $ 8, 000. 00 53 10" Non- Potable Water Line( including all appurtenances) ( PVC) 2, 500 LF $ 100. 00 $ 250, 000. 00 54 16" Non- Potable Water Line( including all appurtenances) ( PVC) 2, 800 LF $ 150. 00 $ 420, 000. 00 55 16" Non- Potable Water Line( including all appurtenances)( DIP) 100 LF $ 470. 00 $ 47, 000. 00 56 Blow Off Valve 10 EA $ 7, 500. 00 $ 75, 000. 00
57 Air Release Valve 5 EA $ 4, 000. 00 $ 20, 000. 00
58 8" Resilient Gate Valve 1 EA $ 3, 000. 00 $ 3, 000. 00 59 10" Resilient Gate Valve 6 EA $ 3, 500. 00 $ 21, 000. 00 60 16" Butterfly Valve 3 EA $ 7, 500. 00 $ 22, 500. 00
61 Connect to Existing 1 EA $ 7, 500. 00 $ 7, 500. 00
62 Non- Potable Water Stub& Plug 4 EA $ 1, 500. 00 $ 6, 000. 00 63 16" EBAA Expansion JointS 2 EA $ 16, 800. 35 $ 33, 600. 70 Subtotal Non- Potable Water 913, 600. 70
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T: 25504- River Islands\ Phase 62- Phase 2 A Street IP\ Word& Excel\ Cost EstimateW STREET COST ESTIMATE( Ph2 Unit Prices). xlsx P. STREET 381
ENG7N££ fi1NG
Item Description Quantity Unit Unit Price Amount
SUBTOTAL CONSTRUCTION COST $ 7, 082, 184. 80
20% CONTINGENCY $
TOTAL CONSTRUCTION COST( nearest$ 1, 000) $ 7, 083, 000. 00 Notes:
1) This estimate does not include surveying, engineering, landscaping, dry utilities, irrigation, or street trees. 2) Unit prices are based on estimated current construction costs and no provision for inflation is included. 3) Mobilization assumed to be 8% of construction cost.
4) Unit price per Mozingo Construction.
5) This estimate does not include bridge structures, footings, and surface improvements.

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ENG7N£ fZ1NG
DRAFT ENGINEER' S OPINION OF PROBABLE COST October 28, 2022 WINTON AVENUE& ROLL TIDE WAY Job No.: 25504- 82
PHASE 2

RIVER ISLANDS

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

STREET WORK
1 Fine Grading 310, 400 SF $ 0. 45 $ 139, 680. 00
2 4. 5" AC Paving 142, 400 SF $ 2. 25 $ 320,400. 00
3 8" Aggregate Base 142, 400 SF $ 1. 20 $ 170, 880. 00
4 Vertical Curb and Gutter( with AB cushion) 6, 910 LF $ 25. 00 $ 172, 750. 00 5 Median Curb( with AB cushion) 3, 725 LF $ 30. 00 $ 111, 750. 00 6 Concrete Sidewalk 75, 870 SF $ 6. 00 $ 455, 220. 00
7 Driveway Approach 1 EA $ 600. 00 $ 600. 00
8 Handicap Ramps 10 EA $ 2, 500. 00 $ 25, 000. 00
9 Survey Monuments 11 EA $ 300. 00 $ 3, 300. 00
10 Traffic Striping& Signage 3, 520 LF $ 5. 00 $ 17, 600. 00 11 Dewatering( budget) 3, 520 LF $ 100. 00 $ 352, 000. 00 Subtotal Street Work 1, 769, 180. 00

STORM DRAIN
12 Catch Basins( type 1 inlet) 12 EA $ 4, 500. 00 $ 54, 000. 00 13 Catch Basins( type I inlet over type I manhole base) 1 EA $ 6, 500. 00 $ 6, 500. 00 14 Catch Basins( type 1 inlet over type II manhole base) 6 EA $ 13, 000. 00 $ 78, 000. 00 15 Catch Basins( type I inlet over type 111 manhole base) 4 EA $ 18, 000. 00 $ 72, 000. 00 16 Field Inlet( type C inlet) 2 EA $ 4, 000. 00 $ 8, 000.00 17 Field Inlet( type C inlet over type ll manhole base) 2 EA $ 13, 000. 00 $ 26, 000. 00 18 Field Inlet( type C inlet over type lll manhole base) 2 EA $ 18, 000. 00 $ 36, 000. 00 19 15" Storm Drain Pipe( polypropylene) 1, 250 LF $ 80. 00 $ 100, 000. 00 20 18" Storm Drain Pipe( polypropylene) 35 LF $ 90. 00 $ 3, 150. 00 21 24" Storm Drain Pipe( polypropylene) 445 LF $ 120. 00 $ 53,400. 00 22 30" Storm Drain Pipe( polypropylene) 610 LF $ 150. 00 $ 91, 500. 00 23 36" Storm Drain Pipe( polypropylene) 500 LF $ 190. 00 $ 95, 000. 00 24 42" Storm Drain Pipe( class lll RCP) 660 LF $ 330. 00 $ 217,800. 00 25 48" Storm Drain Pipe( class lll RCP) 540 LF $ 350. 00 $ 189, 000. 00 26 54" Storm Drain Pipe( class lll RCP) 710 LF $ 550. 00 $ 390, 500. 00 27 60" Storm Drain Pipe( class lll RCP) 35 LF $ 750. 00 $ 26,250. 00 28 Manholes( type Il) 1 EA $ 14, 000. 00 $ 14, 000. 00
29 Storm Drain Stub& Plug 7 EA $ 1, 000.00 $ 7,000. 00
30 Connect to Existing 2 EA $ 2, 000. 00 $ 4,000. 00
Subtotal Storm Drain 1, 472, 100. 00

SANITARY SEWER
31 8" Sanitary Sewer Pipe 240 LF $ 90. 00 $ 21, 600. 00 32 18" Sanitary Sewer Pipe 3, 250 LF $ 180. 00 $ 585, 000. 00 33 Manholes 9 EA $ 10, 000. 00 $ 90, 000. 00
34 Connect to Existing 2 EA $ 3, 500. 00 $ 7,000.00
Subtotal Sanitary Sewer 703, 600. 00
3U . r t, t.t;!!_ .. r, S!.. f .„ w c z P. s i v'.., , , , *+ ad w,., a', F . 3Si". . 103o-3 T: 25504- River Islands\ Phase 82- Phase 2 Del Webb Offsite BB IP\ Word 8 Excel\ Estimates\ Phase 2 P Street 8 Winton Avenue Engineer' s Estimate( Ph2 Unit Prices). xlsx 383
Item Description Quantity Unit Unit Price Amount

WATER SUPPLY
35 8" Water Line( including all appurtenances) 280 LF $ 80. 00 $ 22, 400. 00 36 12" Water Line( including all appurtenances) 460 LF $ 120. 00 $ 55,200.00 37 20" Water Line( including all appurtenances) 3, 210 LF $ 230. 00 $ 738, 300. 00 38 Fire Hydrants 13 EA $ 11, 000. 00 $ 143, 000. 00
39 20" Butterfly Valve 5 EA $ 12, 000. 00 $ 60, 000. 00 40 Water Stub& Plug 10 EA $ 1, 500. 00 $ 15, 000. 00
41 Connect to Existing 2 EA $ 7, 000. 00 $ 14, 000. 00
Subtotal Water Supply 1, 047, 900. 00

NON POTABLE WATER SUPPLY
42 6" Non Potable Water Line( including all appurtenances) 150 LF $ 80. 00 $ 12, 000. 00 43 16" Non Potable Water Line( including all appurtenances) 3, 330 LF $ 150. 00 $ 499, 500. 00 44 16" Butterfly Valve 8 EA $ 7, 500. 00 $ 60, 000. 00
45 Non Potable Water Stub& Plug 2 EA $ 1, 500. 00 $ 3, 000. 00 46 Connect to Existing 2 EA $ 7, 500. 00 $ 15, 000. 00
Subtotal Water Supply 589, 500. 00

RECYCLED WATER SUPPLY
47 16" Recycled Water Line( including all appurtenances) 1, 160 LF $ 170. 00 $ 197, 200. 00 48 16" Butterfly Valve 3 EA $ 9, 500. 00 $ 28, 500. 00
49 Recycled Water Stub& Plug 1 EA $ 2, 700. 00 $ 2, 700. 00 50 Connect to Existing 1 EA $ 8, 500. 00 $ 8, 500. 00
Subtotal Water Supply 236, 900. 00
SUBTOTAL CONSTRUCTION COST $ 5,819, 180. 00
JOINT TRENCH ( BY OTHERS) $ 1, 567, 500. 00
TOTAL CONSTRUCTION COST( nearest$ 1, 000) $ 7,386, 680. 00 Notes:
1) This estimate does not include surveying, engineering, landscaping, dry utilites, irrigation, or street trees. 2) Unit prices are based on estimated current construction costs and no provision for inflation is included. 3) LC, EVAC and RFL utilities are by others and are not included in this estimate.

T: 25504- River Islands\ Phase 82- Phase 2 Del Webb Oflsite BB IP1Word 8 Excel\ Estimates\ Phase 2 P Street& Winton Avenue Engineer' s Estimate( Ph2 Unit Prices). xlsx 384

ATTACCHMENT

JOINT ESCROW INSTRUCTIONS

RECORDATION OF FINAL MAPS

RIVER ISLANDS AT LATHROP)
November 14, 2022
Via Email and Hand Delivery
Old Republic Title Company
1215 W. Center Street, Suite 103
Manteca, CA 95337
Attn: Lori Richardson
Re: Recordation of Phase 2, Area 1 Large Lot Final Map 4149; Escrow No. 1614021877
Dear Lori:

This letter constitutes the joint escrow instructions (" Escrow Instructions") of River Islands Development Area 1, LLC, a Delaware limited liability company (" R/DA1") and the City of Lathrop (" City') in connection with the above- referenced escrow (" Escro'). The Escrow was opened in connection with recordation of the above- referenced final map Final Map"). Recordation of the Final Map is subject to the conditions set forth below.

The transactions described in these Escrow Instructions are referred to as the Transaction." Old Republic Title Company is referred to as "you" or" ORTC." A. Date for Closinqs
The Final Map will be recorded at the time designated by RIDA1 as set forth below. The Final Map can only be recorded after the City has approved the map in writing. The closing date for the Transaction is intended to occur by December 31, 2022, at the time designated in writing by RIDA1, subject to satisfaction of the conditions set forth below ( each a Closin'). If the Final Map has not been recorded by June 30, 2023, ORTC will return the Final Map to the City.

B. Documents to be Delivered and Recordation Documents
In connection with the Transaction, you have in your possession or will receive the following documents from City and RIDA1 for recordation in the Official Records of San Joaquin County, California (" Officia/ Records'').

B. 1. One original Large Lot Final Map for Tract 4149, executed and acknowledged by the City ( provided to title by City).

The document listed in Item B. 1 above is referred to as the " Recordation Documents." The date on which the Recordation Documents are recorded in the Official Records is the Recordation Date.

C. Closinq Requirements
When the following has occurred, you are authorized to close the Escrow at the time( s) and in accordance with the process set forth below:

C. 1. You have delivered copies of your Settlement Statement by email transmission to: ( a) Susan Dell' Osso ( sdellosso@riverslands. com); ( b) Debbie Belmar dbelmar@riverislands. com); ( c) Brad Taylor ( btavlor@ci. lathrop. ca. us); ( d) Salvador Navarrete ( snavarrete@ci. lathrop. ca.us; ( e) Sandra Lewis ( slewis@ci. lathrop. ca. us), and 1 385

JOINT ESCROW INSTRUCTIONS

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RIVER ISLANDS AT LATHROP)
have confirmation ( by telephone or email) from Susan Dell' Osso and Brad Taylor that the Settlement Statement is accurate and acceptable;
C. 2. You have not received any instructions contrary to these Escrow Instructions;
C. 3. The Recordation Documents and all other documents described herein as being held by you or delivered to you have been received by you and have been fully executed and, where applicable, acknowledged, and you have attached all legal descriptions or have confirmed that all exhibits and legal descriptions are attached; C. 4 You are prepared to record the Recordation Documents, as designated, release funds in accordance with the Settlement Statement and complete the Transaction in compliance with these Escrow Instructions; C. 5. You have delivered a copy of these instructions, executed by an authorized signatory of ORTC with authority to bind ORTC, and initialed all pages, by email transmission (with original hard copy to follow by U. S. Mail) to Debbie Belmar and Brad Taylor at the email addresses set forth above; and C. 6. You have received confirmation ( by email or other writing) from Susan Dell' Osso and Stephen Salvatore or Brad Taylor to record the Recordation Documents and complete the Transaction.

D. Closinq Process and Priorities
When you have fully satisfied all of the closing requirements set forth in Section D, then you are authorized and instructed to do the following in the chronological order given:

D. 1. Date the Recordation Documents to be recorded;
D. 2. Record the Recordation Documents in the Official Records; D. 3. Pay the costs associated with the Transaction;
D. 4. Refund any funds delivered to you by RIDA1 that are not disbursed at the time of the final Closing pursuant to these Escrow Instructions to the following entity and address:

River Islands Development Area 1, LLC
73 W. Stewart Road
Lathrop, CA 95330
Attn: Susan Dell' Osso
D. 5. Notify Susan Dell' Osso ( sdellosso@riverslands. com), Debbie Belmar ( dbelmar@riverislands. com), Brad Taylor ( btaylor@ci. lathrop. ca. us), Sandra Lewis ( slewis@ci. lathrop. ca. us), Teresa Vargas ( tvarqas@ci. lathrop. ca. us), Sarah Pimentel ( spimentel@ci. lathrop. ca.us), and Jose Molina ( JMolina@siqov. orq) of the completion of the Transaction;
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JOINT ESCROW INSTRUCTIONS

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D. 6. Within five ( 5) business days after each Recordation Date, deliver by overnight delivery via recognized, national, overnight delivery carrier to: ( 1) Susan Dell' Osso, River Islands Development Area 1, LLC, 73 W. Stewart Road, Lathrop, CA 95330; and ( 2) Salvador Navarrete, City Attorney, City of Lathrop, 390 Towne Centre Drive, Lathrop, CA 95330:

A) a certified copy of the Recordation Documents, showing all recording information of the Recordation Documents; and B) a certified copy of the final Settlement Statement.

E. Additionallnstructions
When assembling the final documents, signature pages from all parties shall be inserted into each respective final document in creating fully executed counterparts.

Please acknowledge receipt of these instructions and your agreement to act as Escrow agent in connection with this Transaction in accordance with these Escrow Instructions, by executing and dating a copy of these Escrow Instructions where indicated below, initialing all pages and returning it to both of the undersigned.

The Escrow Instructions may be modified only in a writing signed by both of the undersigned.

Very truly yours,
Stephen J. Salvatore Date Susan Dell' Osso Date
City Manager President
City of Lathrop River Islands Development Area 1, LLC
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JOINT ESCROW INSTRUCTIONS

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ESCROW INSTRUCTIONS
ACKNOWLEDGEMENT AND AGREEMENT:

Receipt of the foregoing Escrow Instructions from RIDA1 and the City is hereby acknowledged. The undersigned agrees, for itself, and on behalf of ORTC, to proceed in strict accordance with these Escrow Instructions. The undersigned represents and warrants to RIDA1 and the City that the undersigned is authorized to execute this Acknowledgement and Agreement, for itself, and on behalf of ORTC.

Old Republic Title Company
By:
its:

Date:
4 388
ITEM 4. 21

CITY MANAGER' S REPORT
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING
ITEM: APPROVAL OF A ] OINT COMMUNITY FACILITIES

AGREEMENT WITH RIVER ISLANDS PUBLIC

FINANCING AUTHORITY FOR RIVER ISLANDS
COMMUNITY FACILITIES DISTRICT 2016- 1
RECOMMENDATION: Adopt Resolution Approving a oint Community Facilities Agreement between City of Lathrop and
River Islands Public Financing Authority Relating to
its Community Facilities District No. 2016- 1 ( Public
Improvements)
SUMMARY:

In ) une of 2003, the City Council authorized the Mayor to enter into a Joint Community Facilities Agreement ( JCFA) with the River Islands Public Financing Authority ( RIPFA or "Authority") to facilitate the formation of a Community Facilities District ( CFD). The primary purpose of the CFD was providing for the financing of public improvements related to development occurring within and adjacent to River Islands. Since that time, RIPFA and the City are parties to similar agreements related to the Authority' s Community Facility District Nos. 2003- 1, 2015- 1 and 2019- 1.

This new JCFA ( Attachment B) commits the City to own and operate certain infrastructure financed with bonds issued by RIPFA in conjunction with CFD 2016- 1 formed by RIPFA pursuant to the Mello- Roos Community Facilities Act of 1982, as amended ( the " Act"). As with other CFDs formed on the Stewart Tract, special taxes will be levied on River Islands property owners ( which includes the master developer) to pay debt service on the bonds being issued. Under the Act, the City is considered a " Participating Agency" that will own and operate some of the improvements financed by RIPFA; it is this action that requires a JCFA between the two public agencies.

BACKGROUND:

In June of 2003, the City Council authorized the Mayor to enter into the first JCFA with RIPFA to facilitate the formation of a CFD on the Stewart Tract. The primary purpose of this CFD was providing for the financing of public improvements related to development occurring within and adjacent to River Islands, including financing River Islands' share of the South County Surface Water Project. Since that time, the City has entered into a number of subsequent JCFAs with RIPFA for additional infrastructure financed with bonds issued by RIPFA.
389
CITY MANAGER' S REPORT PAGE 2
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING

APPROVE A JOINT COMMUNITY FACILITIES AGREEMENT WITH RIVER

ISLANDS PUBLIC FINANCING AUTHORITY FOR RIVER ISLANDS
COMMUNITY FACILITIES DISTRICT 2016- 1
The resolution, provided as Attachment A, approves a JCFA relating to financing of infrastructure within the River Islands development. A boundary map is provided as Attachment C. Some of the improvements constructed with the bond proceeds will be ultimately owned and maintained by the City, and some will be owned but not maintained by the City. This requires a JCFA between RIPFA and the City to confirm that the City has agreed to the arrangement.

REASON FOR RECOMMENDATION:

Additional infrastructure associated with the River Islands development is proposed at this time. The list of improvements that will be either owned and/ or maintained by the City is included as Attachment A of the JCFA which is included as Attachment B to this report. A brief summary of the infrastructure subject to this ) CFA is included below:

Description of the Improvements to be Owned and Operated by the City of Lathrop Roadway improvements and bridges, including curb, gutter and sidewalks; landscaping and irrigation; and related improvements.

Water supply and distribution improvements, including construction of tanks, pump stations, pipelines and related facilities.

Storm drains and related improvements.

Sewer improvements, including pipelines, lift stations, treatment plant improvements, spray fields for disposal of reclaimed water, force mains and related facilities.

Drainage improvements, storm water detention basins, pump stations and related facilities.

Parks, trails, parkways, open space and related improvements.

Public safety facilities other than fire stations, and equipment related to the operation thereof.
390
CITY MANAGER' S REPORT PAGE 3
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING
APPROVE A 70INT COMMUNITY FACILITIES AGREEMENT WITH RIVER

ISLANDS PUBLIC FINANCING AUTHORITY FOR RIVER ISLANDS
COMMUNITY FACILITIES DISTRICT 2016- 1
Description of the Improvements to be Owned but Not Maintained by the City of Lath ro q
Public parks ( dry), as well as landscaping and recreational features along rivers, lakes, within parks and along and including pathways. Any public park areas adjacent to lakes or rivers ( wet) are not included because they will not be owned by the Participating Agency.

FISCAL IMPACT: .

The City shall have no obligation under the JCFA for the financing, completion or payment of any costs associated with the design and construction of the improvements. All costs associated with review and approval of the design, inspections and all aspects associated with the acceptance of improvements shall be paid from the River Islands Public Financing Authority' s Improvement Fund.

ATTACHMENTS:

A. Resolution Approving a Joint Community Facilities Agreement between City of Lathrop and River Islands Public Financing Authority for Community Facilities District No. 2016- 1 ( Public Improvements).

B. Joint Community Facilities Agreement between City of Lathrop and River Islands Public Financing Authority ( RIPFA) for RIPFA' s Community Facilities District No. 2016- 1 ( Public Improvements)
C. Boundary Map of CFD 2016- 1
391
CITY MANAGER' S REPORT PAGE 4
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING
APPROVE A .70INT COMMUNITY FACILITIES AGREEMENT WITH RIVER

ISLANDS PUBLIC FINANCING AUTHORITY FOR RIVER ISLANDS
COMMUNITY FACILITIES DISTRICT 2016- 1
APPROVALS:
t I/' S ZOZ2
Brad T lor Date
City Engineer
C
3 2 2' TjU C
Cari James Date
Finance Director
l /- 3 2o ZZ
Salvador Navarrete Date
City Attorney
dl• S ZZ
Ste e J. Salvatore Date
City Manager
392
RESOLUTION NO. 22-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP

AUTHORIZING THE EXECUTION OF A JOINT COMMUNITY FACILITIES

AGREEMENT WITH THE RIVER ISLANDS PUBLIC FINANCING AUTHORITY RELATING TO ITS COMMUNITY FACILITIES DISTRICT NO. 2016- 1 WHEREAS, the Board of Directors of the River Islands Public Financing Authority ( the " Authority") has advised the City of Lathrop ( the " City") that it has formed the River Islands Public Financing Authority Community Facilities District No. 2016- 1 ( River Islands Supplemental) ( the CFD") pursuant to the Mello- Roos Community Facilities Act of 1982, as amended ( the " Act"), and that the Authority intends to issue bonds of the Authority for the CFD ( the " Bonds") in order to finance, among other improvements, the costs of certain public improvements expected to be owned by the City ( the " Improvements"); and
WHEREAS, in order to enable the CFD to finance the Improvements, Section 53316. 2 of the California Government Code requires that the City and the Authority enter into a joint community facilities agreement with respect to the Improvements to be owned by the City; and
WHEREAS, a form of joint community facilities agreement, by and between the City and the Authority relating to the Improvements which are expected to be owned by the City ( the Joint Community Facilities Agreement") was provided in the City Council staff report for this matter dated November 14, 2022; and WHEREAS, the Authority and the City are parties to similar agreements related to the Authority' s Community Facility District Nos. 2003- 1, 2015- 1 and 2019- 1; and
WHEREAS, the City Council, with the assistance of City Staff, has reviewed the Joint Community Facilities Agreement, and the City Council now desires to approve the Joint Community Facilities Agreement and direct its execution and delivery.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lathrop as follows:

Section 1. Approval of Joint Community Facilities Agreement. The City Council hereby approves a Joint Community Facilities Agreement between City of Lathrop and River Islands Public Financing Authority for its Community Facilities District No. 2016- 1 ( River Islands Supplemental). The City Council hereby declares that the ] oint Community Facilities Agreement will be beneficial to City residents.

Section 2. Official Actions. The Mayor, City Manager, City Clerk and all other proper officers of the City are hereby authorized and directed to take all actions and do all things necessary or desirable to execute, deliver and implement the Joint Community Facilities Agreement, including but not limited to the execution and 393
delivery of any and all agreements, certificates, instruments and other documents, which they, or any of them, may deem necessary or desirable and not inconsistent with the purposes of this Resolution and the ) oint Community Facilities Agreement.

Section 3. Effective Date. This Resolution shall take effect upon its adoption. 2-
394
The foregoing resolution was passed and adopted this 14th day of November, 2022, by the following vote of the City Council, to wit:

AYES:

NOES:

ABSTAINED:

ABSENT:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 3-
395
Quint& Thimmig LLP ATTAC H M ENT B

JOINT COMMUNITY FACILITIES AGREEMENT - CITY OF LATHROP

RIVER ISLANDS PUBLIC FINANCING AUTHORITY
COMMUNITY FACILITIES DISTRICT NO. 2016- 1

RIVER ISLANDS SUPPLEMENTAL)
This Joint Community Facilities Agreement - City of Lathrop ( the " Agreement"), dated for convenience as of November 14, 2022, is by and between the River Islands Public Financing Authority( the " Authority") and the City of Lathrop, California( the" Participating Agency").

RECITALS :

WHEREAS, the Board of Directors of the Authority has formed the River Islands Public Financing Authority Community Facilities Disirict No. 2016- 1 ( River Islands Supplemental) ( the CFD"), pursuant to the Mello- Roos Community Facilities Act of 1982, as amended ( the " Act"), being Chapter 2. 5 of Part 1 of Division 2 of Title 5, commencing at Section 53311, of the California Government Code, and the Authority now intends to issue bonds of the Authority for the CFD the" Bonds") under the Act in order to finance various public improvements necessitated by the development occurring within and in the vicinity of the CFD; and WHEREAS, the CFD is authorized to finance, among other improvements the public improvements described in Attachment A hereto( the" Improvements"), which Attachment is, by this reference, incorporated herein; and
WHEREAS, the parties hereto expect that the Participating Agency will own some of the Improvements if they comply with the standards, and have been completed to the satisfaction, of the Participating Agency, and certain other of the Improvements will be owned but not maintained by the Participating Agency after they have been completed as indicated on Attachment A; and
WHEREAS, Section 53316. 2 of the Act requires that the Authority enter into a joint community facilities agreement with the Participating Agency in respect of the Improvements which Improvements are to be financed, in part, with the proceeds of the Bonds, and, upon completion, are to be owned or operated by the Participating Agency; and WHEREAS, the Authority and the Participating Agency are parties to agreements similar to this Agreement related to the Authority' s Community Facility District Nos. 2003- 1, 2015- 1 and 2019- 1 ( collectively, the" Other Agreements'); and
WHEREAS the Authority and the Participating Agency now desire to enter into this Agreement, similar to the Other Agreements, to satisfy the requirements of Section 53316. 2 of the Act and to memorialize their understanding with respect to the proceeds of the Bonds and the Improvements, all as more particularly set forth below.

AGREEMENT:
18016. 50: J18654
396
NOW, THEREFORE, in consideration of the foregoing and mutual covenants set forth below, the parties hereto do hereby agree as follows:

Section 1. Reservation of Bond Funds; Use of Special Taxes. The Authority intends to use a portion of the proceeds of the Bonds to finance the costs incurred in connection with the acquisition and construction of the Improvements and other public improvements authorized to be financed by the CFD. Said amount, together with any investment earnings thereon, will be held in an Improvement Fund or Improvement Funds established for the CFD (collectively, the Improvement Fund") for the sole and exclusive benefit of the CFD, and such amount shall in no way be pledged as security for the Bonds.

Other than the funds available in the Improvement Fund described in the preceding paragraph, to the extent they are allocated by the Authority to pay costs of the Improvements, the Authority shall have no obligation to pay for any of the costs of the Improvements, including but not limited to any costs of planning, acquisition, construction, installation or inspection of the Improvements. Any costs of the Improvements in excess of the available proceeds of the Bonds will be paid by or on behalf of River Islands Stage 1, LLC, River Islands Stage 1B, LLC or an entity related to the foregoing entities ( collectively, the " Developers").

The Participating Agency shall have no obligation whatsoever to pay for any of the costs to complete the Improvements, and will only accept title to, and/ or the maintenance of, those Improvements which conform to all of the Participating Agency' s standards and are free and clear of all liens, stop notices and other obligations.

All special taxes levied by the Authority on property in the CFD shall be used as provided in the proceedings to form the CFD.

Section 2. Construction of Improvements. The Improvements will be constructed pursuant to plans and specifications approved by the Participating Agency and in accordance with all applicable requirements of the Participating Agency. It is expected that all construction of the Improvements will be done by independent contractors employed, supervised and administered by ( a) Island Reclamation District No. 2062 (" RD 2062"), ( b) River Islands Development, LLC, or ( c) another entity selected by one of the Developers ( the " Development Entities").

The Participating Agency shall not have any liability whatsoever in respect of any work performed in connection with the Improvements that is undertaken by or at the direction of RD 2062, the River Islands Development, LLC or any of the Development Entities; provided that this sentence shall in no way limit any rights the Participating Agency may have against any persons or entities in respect of the acquisition or construction of the Improvements once the Participating Agency accepts title to and control over the Improvements to be owned by it.

To the extent that the Participating Agency incurs expenses incident to reviewing and approving design plans and specifications, conducting field inspections and otherwise in connection with the design and construction of the Improvements, or in connection with the acceptance of the Improvements to be owned by it, such expenses shall be reimbursed to the Participating Agency, upon presentation of an invoice as to the nature and amount of such 2-
397
expenses, from available amounts in the Improvement Fund or, if there are no such available funds, from one or more of the Developers or a related party.

Section 3. Inspection and Acceptance; Use of Bond Funds. The Participating Agency shall cause inspections to be made during the construction of the Improvements not yet completed in accordance with its customary procedures for construction projects of a similar nature.

Upon completion of construction of the Improvements to be owned by it to the sole and complete satisfaction of the Participating Agency, the Participating Agency shall accept dedication of such Improvements in accordance with its customary procedures, and shall accept ownership, and (as applicable) responsibility for operation of the Improvements to be owned by it conditioned upon the passage to the Participating Agency of title clear of all encumbrances unacceptable to the Participating Agency in its sole discretion. The Participating Agency shall have no responsibility with respect to the ownership or operation of any of the Improvements unless and until construction has been completed to the satisfaction of the Participating Agency, and with respect to the Improvements to be owned by it the Participating Agency has accepted dedication of the Improvements.

The Authority shall have no obligation to at any time to own or operate any of the Improvements.

The Authority shall disburse the proceeds of the Bonds described in Section 1 above to pay or reimburse payment of the costs incurred by RD 2062, River Islands Development, LLC or any of the Development Entities in connection with the construction of the Improvements.

The Authority may disburse such amounts as are necessary to pay costs of construction of the Improvements prior to completion of all of the Improvements, to the extent that such disbursement is permissible under the Act.

Section 4. Limited Obligations. All obligations of the Authority under and pursuant to this Agreement shall be limited to the amounts on deposit in the Improvement Fund and identified in Section 1 above. No Boardmember, officer, employee or agent of the Authority shall in any event be personally liable hereunder.

The sole obligation of the Participating Agency hereunder shall be to inspect and accept the Improvements to be owned by it as described above. The Participating Agency shall have no responsibility or obligation with respect to the Improvements to be owned by it for any action occurring prior to acceptance of dedication by the Participating Agency.

If, for any reason whatsoever there are insufficient funds to complete the Improvements or any portion thereof, the Participating Agency shall have no obligation to fund any such shortfall. If the Participating Agency shall fail to perform any of its obligations hereunder, the sole remedy of the Authority shall be the commencement of an action in the Superior Court for specific performance by the Participating Agency of such obligations.

Section 5. Termination. This Agreernent shall terminate upon the earlier of December 31, 2040, or acceptance of the ownership and/ or operation, as applicable, of all the Improvements by 3-
398
the Participating Agency, and disbursement from the Improvement Fund by the Authority of amounts therein to pay costs of the Improvements.

Section 6. Agreement of Benefit to Residents. By their respective approvals of this Agreement, the Authority and the Participating Agency have each declared and hereby confirm that this Agreement is beneficial to the residents within the jurisdiction of their respective entities in assuring the provision of financing for a portion of the costs of the Improvements in furtherance of the purposes of the Act.

Section 7. Partial Invaliditv. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible.

Section 8. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. This Agreement is for the sole benefit of the Authority, the CFD and the Participating Agency and their successors and assigns, and no other person or entity shall be deemed to be a beneficiary hereof or have an interest herein.

Section 9. Amendment. This Agreement may be amended at any time but only in writing signed by each party hereto.

Section 10. Entire Agreement. T'his Agreement contains the entire agreement between the parties hereto with respect to the matters provided for herein and supersedes all prior agreements and negotiations between the parties hereto with respect to the subject matter of this Agreement. The signatories hereto represent that they have been appropriately authorized to enter into this Agreement on behalf of the party for whom they sign.

Section 11. Severabilitv. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible.

Section 12. Governing Law. This Agreement and any dispute arising hereunder shall be governed by and interpreted in accordance with the laws of the State of California applicable to contracts made and performed in such State.
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Section 13. Execution in Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year written alongside their signature below.

CITY OF LATHROP, CALIFORNIA (the
Participating Agency')
Date of Execution: November_, 2022
By:

Stephen Salvatore, City Manager
Approved as to form for the: Attest:

City of Lathrop:

Salvador Navarrete, City Attorney Teresa Vargas, City Clerk

RIVER ISLANDS PUBLIC FINANCING
AUTHORITY ( the" Authority")
Date of Execution: November_, 2022
By:

Jeffrey K. Shields, Executive Director
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400

ATTACHMENT A

DESCRIPTION OF THE IMPROVEMENTS

TO BE OWNED AND OPERATED BY THE PARTICIPATING AGENCY
Roadway improvements and bridges, including curb, gutter and sidewalks; landscaping and irrigation; and related improvements.

Water supply and distribution improvements, including construction of tanks, pump stations, pipelines and related facilities.

Storm drains and related improvements.

Sewer improvements, including pipelines, lift stations, treatment plant improvements, spray fields for disposal of reclaimed water, force mains and related facilities.

Drainage improvements, storm water detention basins, pump stations and related facilities.

Parks, trails, parkways, open space and related improvements.

Public safety facilities other than fire stations, and equipment related to the operation thereof.

DESCRIPTION OF THE IMPROVEMENTS

TO BE OWNED BUT NOT MAINTAINED BY THE PARTICIPATING AGENCY Public parks ( dry), as well as landscaping and recreational features along rivers, lakes, within parks and along and including pathways. Any public park areas adjacent to lakes or rivers (wet) are not included because they will not be owned by the Participating Agency.

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CITY MANAGER' S REPORT ITEM 5. 1
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING
ITEM: PUBLIC HEARING ( PUBLISHED NOTICE) TO

CONSIDER ADOPTING AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF LATHROP UPDATING THE

POLICIES FOR THE USE OF MILITARY EQUIPMENT BY

THE LATHROP POLICE DEPARTMENT, IN
COMPLIANCE WITH ASSEMBLY BILL 481
RECOMMENDATION: The Council to Consider the Following Items:

1. Hold a Public Hearing; and

2. First Reading and Introduction of an Ordinance
Amending Chapter 9. 20 Titled Military
Equipment Use Policy", of Title 9 Public Peace
and Welfare" of the Lathrop Municipal Code by
Adding Section 9. 20. 050 titled " Active
Policies" to Incorporate Lathrop Police
Department Policy Regulating " Unmanned
Aerial System ( UAS) Operations", and
Adopting Military Equipment Use Policies in
Compliance with California Government Code
Section 7071
SUMMARY:

California Assembly Bill 481 ( AB 481), codified in California Government Code sections 7070- 7075, requires local Police Departments to implement a new, update, or add to an existing military equipment use policy via ordinance.

On June 13, 2022, the City Council adopted Ordinance 22- 436, amending Title 9 Public Peace and Welfare" of the Lathrop Municipal Code ( LMC) by adding Chapter

9. 20 titled Military Equipment Use Policy" to establish a policy for the proper use, funding and acquisition of military style equipment as set forth by AB 481 in compliance with California Government Code Section 7071. Military Equipment Use Policy No. 706 referenced by Ordinance 22- 436 authorized the Police Department to use, fund and acquire thirty-five 5. 56mm semiautomatic rifles and ammo, and eight 40mm launchers and rounds.

Tonight, the Police Department is requesting Council' s approval for the use, funding and acquisition of four ( 4) unmanned aerial sys tems ( known as drones). Therefore, staff requests that the City Council hold a public hearing to consider an ordinance amending Chapter 9. 20 titled " Military Equipment Use Policy", of Title 9 ' Public Peace and Welfare" of the LMC, by adding Section 9. 20. 050 titled Active Policies" to incorporate both, Lathrop Police Department Policy No. 706 and 606, by reference.

Regulating " Unmanned Aerial System ( UAS) Operations", and adopting the Military Equipment Use Policy in Compliance with California Government Code Section 7071. 403
CITY MANAGER' S REPORT Page 2
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING

PUBLIC HEARING TO CONSIDER AN ORDINANCE FOR USE OF MILITARY

EQUIPMENT BY THE NEW LATHROP POLICE DEPARTMENT
BACKGROUND:

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

AB 481, codified in California Government Code Sections 7070- 7075, required each law enforcement agency' s governing body to adopt a written military equipment use policy by ordinance in a public forum by April 30, 2022, to continue using this previously acquired military equipment, effective May 1, 2022. During that time the City of Lathrop was under the jurisdiction of the San Joaquin County Sheriff' s office, while working to transition into its own Police Department by July 1, 2022.

In preparation of the transition, on June 13, 2022, the City Council adopted Ordinance 22- 436, amending Title 9 ' Public Peace and Welfare" of the Lathrop Municipal Code LMC) by adding Chapter 9. 20 titled " Military Equipment Use Policy" to establish a policy for the proper use, funding and acquisition of military style equipment as set forth by AB 481 in compliance with California Government Code Section 7071. Military Equipment Use Policy No. 706 referenced by Ordinance 22- 436 authorized the new Lathrop Police Department to fund, acquire, and use thirty-five 5. 56mm semiautomatic rifles and ammo, and eight 40mm launchers and rounds.

Tonight, the Police Department is requesting Council' s approval for the use, funding and acquisition of four ( 4) unmanned aerial systems ( known as drones). Therefore, staff requests that the City Council hold a public hearing to consider an ordinance amending Chapter 9. 20 titled Military Equipment Use Policy", of Title 9 " Public Peace and Welfare" of the LMC, by adding Section 9. 20. 050 titled " Active Policies" to incorporate Lathrop Police Department Policy No. 606, regulating " Unmanned Aerial System ( UAS) Operations", and adopting the Military Equipment Use Policy NO. 706 in Compliance with California Government Code Section 7071.

Definition of Military Equipment Use Policy
Per the statute, military equipment use policy" means a publicly released, written document governing the use of military equipment by a law enforcement agency or a state agency that addresses, at a minimum, all of the following:
i. A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment.
404
CITY MANAGER' S REPORT Page 3
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING

PUBLIC HEARING TO CONSIDER AN ORDINANCE FOR USE OF MILITARY

EQUIPMENT BY THE NEW LATHROP POLICE DEPARTMENT

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

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

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

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

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

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

Overview of Requirements of AB 481
Codified in California Government Code sections 7070- 7075) Assembly Bill ( AB) 481 requires each law enforcement agency' s governing body to adopt a written military use policy by ordinance in addition to other requirements by the bill.

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

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

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

Annual review of the military equipment use ordinance by the governing body, and option to either disapprove a renewal of a type of military equipment or amend the military equipment use policy if it determines that the military equipment does not comply with standards for approval.
405
CITY MANAGER' S REPORT Page 4
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING

PUBLIC HEARING TO CONSIDER AN ORDINANCE FOR USE OF MILITARY

EQUIPMENT BY THE NEW LATHROP POLICE DEPARTMENT
Hold at least one well publicized and conveniently located community engagement meeting within 30 days of submitting and publicly releasing the annual military equipment report.

Definition of Military Equipment ( Government Code 7070) AB 481 designates the following 15 categories of items as military equipment:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

15. Any other equipment as determined by a governing body or a state agency to require additional oversight
406
CITY MANAGER' S REPORT Page 5
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING

PUBLIC HEARING TO CONSIDER AN ORDINANCE FOR USE OF MILITARY

EQUIPMENT BY THE NEW LATHROP POLICE DEPARTMENT
As mentioned under " Requirements of AB 481", the ordinance( s) and policies are subject to annual City Council review to determine whether, based on an annual military equipment report, the standards set forth in the approving ordinance have been met. The City Council may renew the authorizing ordinance, disapprove authorization for particular military equipment where standards have not been met, or require modifications to this military equipment use procedure to address any noncompliance with standards.

Finally, the bill requires publication of this, and any approved, military equipment use procedure and the annual military equipment report on the Department' s website.

The military equipment use procedure must be posted on the website at least 30 days prior to the Council meeting. City published on its website Military Equipment Use Policy No. 706 on April 15, 2022. On October 14, 2022, the City issued a press release announcing the new Military Equipment Use Policy No. 606 for the Police Department, in compliance with AB 481 and California Government Code sections 7070- 7075. The information was published on the dedicated AB 481 website under the Lathrop Police Department' s webpage:
https:// www. ci. lathrop. ca. us/ police/ page/ assembly- bill- ab- 481) FISCAL IMPACT:

The cost of the proposed equipment to be owned/ utilized by the Police Department is listed below ( Attachment C) and will be funded from the Police Dept. startup budget, GG 21- 11. Ongoing costs will be included in future operating budgets:

Equipment Quantity Cost of Equipment
Unmanned Four ( 4) Initial cost is approximately $ 38, 485. 08; ongoing Aircraft costs for maintenance may vary; most maintenance System ( UAS) needs will be covered by department staff.

REASON FOR RECOMMENDATION:

Staff requests City Council approval of the proposed Ordinance and draft Policy No. 606 and 706 in order for the Lathrop Police Department to comply with the recently implemented State law, California Assembly Bill 481 ( AB- 481), codified in California Government Code sections 7070- 7075, requiring local Police Departments to implement a new military equipment use policy via ordinance. If approved this policy would allow the Police Department the authority to fund, purchase and use drones in accordance with California State and Federal law regarding the operation of UAS vehicles, and in a responsible manner that respects the privacy of the community during public safety operations.
407
CITY MANAGER' S REPORT Page 6
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING

PUBLIC HEARING TO CONSIDER AN ORDINANCE FOR USE OF MILITARY

EQUIPMENT BY THE NEW LATHROP POLICE DEPARTMENT
ATTACH M ENTS:

A. Ordinance Amending Chapter 9. 20 Titled Military Equipment Use Policy", of Title 9 Public Peace and Welfare" of the Lathrop Municipal Code by Adding Section 9. 20. 050 titled " Active Policies" to Incorporate Lathrop Police Department Policy Regulating Unmanned Aerial System ( UAS) Operations", and Adopting a Military Equipment Use Policies in Compliance with California Government Code Section 7071)
B. AB 481 Draft Policy No. 606 for Unmanned Aerial System Operations Drones)
C. AB 481 Equipment List for Draft Policy No. 606 and 706 408
CITY MANAGER' S REPORT Page 7
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING

PUBLIC HEARING TO CONSIDER AN ORDINANCE FOR USE OF MILITARY

EQUIPMENT BY THE NEW LATHROP POLICE DEPARTMENT
APPROVALS•
S" do 2
en S al Date
Police Commander
l -.

Raymond Bechler Date
Chief of Police
t-v2 C,) o Z Z"L
Cari James Date
Finance Director
l` I- 2D 1.Z.

Salvador Navarrete Date
City Attorney
Z
St en J. Salvatore Date
City Manager
409
ORDINANCE NO. 22-

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LATHROP AMENDING CHAPTER 9. 20 TITLED MILITARY EQUIPMENT USE POLICY", OF TITLE 9 PUBLIC PEACE AND WELFARE" OF THE LATHROP MUNICIPAL CODE BY ADDING SECTION 9. 20. 050 TITLED ACTIVE POLICIES" TO INCORPORATE

LATHROP POLICE DEPARTMENT POLICY REGULATING UNMANNED AERIAL SYSTEM ( UAS) OPERATIONS", AND ADOPTING MILITARY EQUIPMENT USE

POLICIES IN COMPLIANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 7071
WHEREAS, on September 30, 2021, Governor Newsom signed into law seven 7) major peace officer reform bills, including Assembly Bill ( AB) 481 ( codified in California Government Code Sections 7070- 7075), authored by Assembly Member David Chieu to address the funding, acquisition and use of items lawmakers deem to be considered military equipment; and
WHEREAS, AB 481 seeks to provide transparency, oversight, and an opportunity for meaningful public input on decisions regarding whether and how military equipment is funded, acquired, or used; and
WHEREAS, AB 481 required each law enforcement agency' s governing body to adopt a written military equipment use policy by ordinance in a public forum by April 30, 2022, to continue using this previously acquired military equipment, effective May 1, 2022; and
WHEREAS, during that time the City of Lathrop was under the jurisdiction of the San Joaquin County SherifF' s office, while working to transition into its own Police Department by July 1, 2022; and
WHEREAS, in preparation of the transition, on June 13, 2022, the City Council adopted Ordinance 22- 436, amending Title 9 " Public Peace and Welfare" of the Lathrop Municipal Code ( LMC) by adding Chapter 9. 20 titled Military Equipment Use Policy" to establish a policy for the proper use, funding and acquisition of military style equipment as set forth by AB 481 in compliance with California Government Code Section 7071; and
WHEREAS, Policy No. 706 authorized the new Lathrop Police Department to fund, acquire, and use of thirty- five 5. 56mm semiautomatic rifles and ammo, and eight 40mm launchers and rounds; and
WHEREAS, the Police Department is requesting City Council' s approval for the use, funding and acquisition of four ( 4) unmanned aerial system ( known as drones); and
WHEREAS, staff requests that the City Council hold a public hearing to consider an ordinance amending Chapter 9. 20 titled Military Equipment Use Policy", of Title 9 Public Peace and Welfare" of the LMC, by adding Section 9. 20. 050 titled Ordinance No. 22-
410
Active Policies" to incorporate Lathrop Police Department Policy No. 606, regulating Unmanned Aerial System ( UAS) Operations", and adopt the Military Equipment Use Policies 706 and 606 in compliance with California Government Code Section 7071; and
WHEREAS, the City Council of the City of Lathrop having received the information required under AB 481 regarding the proposed use of military equipment as defined in said law, deems it to be in the best interest of the City to approve and adopt the Military Equipment Use Policy No. 606, as it relates to Unmanned Aerial System ( UAS) Operations; and
WHEREAS, Military Equipment Use Policy No. 706 and proposed Military Equipment Use Policy No. 606 will be incorporated by reference in LMC Section

9. 20. 050 titled Active Policies".

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

Section 1.

That the Police Department Military Equipment Use Policy 706 and 606, on file with the Lathrop Police Department, are hereby adopted and will be incorporated by reference in Section 9. 20. 050.

Section 2.

Title 9 of the Lathrop Municipal Code, titled " Public Peace and Welfare" is hereby amended by adding new Section 9. 20. 050 titled Active Policies", to Chapter 9. 20 titled Military Equipment Use Policy", to incorporate Lathrop Police Department Policy regulating ' Unmanned Aerial System ( UAS) Operations", to read in its entirety as follows.

CHAPTER 9. 20 MILITARY EQUIPMENT USE POLICY

9. 20. 050 Active Policies
A. The Lathrop police department has obtained approval of the City Council, by ordinance adopting the following military equipment use policies, incorporated here by reference:

1. Military Equipment Use Policy No. 706, adopted by Ordinance 22-_, for the funding, acquisition and use of thirty-five 5. 56mm semiautomatic rifles and ammo, and eight 40mm launchers and rounds.

2. Military Equipment Use Policy No. 606, adopted by Ordinance 22-_, fund, acquire, and use of unmanned aerial system ( known as drones).

Ordinance No. 22-
411
Section 3.

This Ordinance is not intended to and shall not be construed or given effect in a manner that imposes upon the City or any officer or employee thereof a mandatory duty of care toward persons and property within or without the city so as to provide a basis of civil liability for damages, except as otherwise imposed by law.

Section 4. Severabilitv.

If any section, subsequent subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise invalid, such a decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance irrespective of the unconstitutionality or invalidity of any section, subsection, subdivision, paragraph, sentence, clause or phrase.

Section 5. Effective Date.

This Ordinance shall take legal effect 30 days from and after the date of its passage.

Section 6. Publication.

Within fifteen days of the adoption of this Ordinance, the City Clerk shall cause a copy of this Ordinance, to be published in full accordance with Section 36933 of the Government Code
Ordinance No. 22-
412
THIS ORDINANCE was introduced at a regular meeting of the City Council of the City of Lathrop on the 14t'' day of November 2022, and was PASSED AND ADOPTED at a regular meeting of the City Council of the City of Lathrop on the day of 202_, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney Ordinance No. 22-
413
Attachment B
Lathrop Police Department
Policy Manual
Unmanned Aerial System (UAS) Operations
606. 1 PURPOSE AND SCOPE
The purpose of this policy is to establish guidelines for the use of an unmanned aerial system UAS) and for the storage, retrieval and dissemination of images and data captured by the UAS. 606. 1. 1 DEFINITIONS
Definitions related to this policy include:

Unmanned Aerial System (UAS)- An unmanned aircraft of any type that is capable of sustaining directed flight, whether preprogrammed or remotely controlled ( commonly referred to as an unmanned aerial vehicle ( UAV)), and all of the supporting or attached systems designed for gathering information through imaging, recording or any other means. 606. 2 POLICY
Unmanned aerial systems may be utilized to enhance the departmenYs mission of protecting lives and property when other means and resources are not available or are less effective. Any use of a UAS will be in strict accordance with constitutional and privacy rights and Federal Aviation Administration ( FAA) regulations.
606. 3 PRIVACY
The use of the UAS potentially involves privacy considerations. Absent a warrant or exigent circumstances, operators and observers shall adhere to FAA altitude regulations and shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy ( e. g., residence, yard, enclosure). Operators and observers shall take reasonable precautions to avoid inadvertently recording or transmitting images of areas where there is a reasonable expectation of privacy. Reasonable precautions can include, for example, deactivating or turning imaging devices away from such areas or persons during UAS operations. 606. 4 PROGRAM COORDINATOR
The Chief of Police will appoint a program coordinator who will be responsible for the management of the UAS program. The program coordinator will ensure that policies and procedures conform to current laws, regulations and best practices and will have the following additional responsibilities:

Coordinating the FAA Certificate of Waiver or Authorization( COA) application process and ensuring that the COA is current.

Ensuring that all authorized operators and required observers have completed all required FAA and department- approved training in the operation, applicable laws, policies and procedures regarding use of the UAS.

Developing uniform protocol for submission and evaluation of requests to deploy a UAS, including urgent requests made during ongoing or emerging incidents.

Deployment of a UAS shall require written authorization of the Chief of Police or the authorized designee, depending on the type of mission.

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Lathrop Police Department
Policy Manual
Unmanned Aerial System ( UAS) Operations
Developing protocol for conducting criminal investigations involving a UAS, including documentation of time spent monitoring a subject.

Implementing a system for public notification of UAS deployment.

Developing an operational protocol governing the deployment and operation of a UAS including, but not limited to, safety oversight, use of visual observers, establishment of lost link procedures and secure communication with air traffic control facilities.

Developing a protocol for fully documenting all missions.

Developing a UAS inspection, maintenance and record- keeping protocol to ensure continuing airworthiness of a UAS, up to and including its overhaul or life limits.

Developing protocols to ensure that all data intended to be used as evidence are accessed, maintained, stored and retrieved in a manner that ensures its integrity as evidence, including strict adherence to chain of custody requirements. Electronic trails, including encryption, authenticity certificates and date and time stamping, shall be used as appropriate to preserve individual rights and to ensure the authenticity and maintenance of a secure evidentiary chain of custody.

Developing protocols that ensure retention and purge periods are maintained in accordance with established records retention schedules.

Facilitating law enforcement access to images and data captured by the UAS.

Recommending program enhancements, particularly regarding safety and information security.

Ensuring that established protocols are followed by monitoring and providing periodic reports on the program to the Chief of Police.
606. 5 USE OF UAS
Only authorized operators who have completed the required training shall be permitted to operate the UAS.

Use of vision enhancement technology ( e. g., thermal and other imaging equipment not generally available to the public) is permissible in viewing areas only where there is no protectable privacy interest or when in compliance with a search warrant or court order. In all other instances, legal counsel should be consulted.

UAS operations should only be conducted during daylight hours and a UAS should not be flown over populated areas without FAA approval.
606. 6 PROHIBITED USE
The UAS video surveillance equipment shall not be used:

To conduct random surveillance activities.

To target a person based solely on actual or perceived characteristics, such as race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, economic status, age, cultural group, or disability.

Copyright Lexipol, LLC 2022I09/08, All Rights Reserved. DRAFT*** Unmanned Aerial System( UAS) OperationsPublished with permission by Lathrop Police Department 2 415
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Policy Manual
Unmanned Aeria/ System ( UAS) Operations
To harass, intimidate, or discriminate against any individual or group.

To conduct personal business of any type.

The UAS shall not be weaponized.
606. 7 RETENTION OF UAS DATA
Data collected by the UAS shall be retained as provided in the established records retention schedule.

Copyright Lexipol, LLC 2022/09/ 08, All Rights Reserved. DRAFTi`** Unmanned Aerial System( UAS) OperationsPublished with permission by Lathrop Police Department 3 416
Lathrop Police Department
t • Policy Manual
Military Equipment
706. 1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment ( Government Code § 7070; Government Code § 7071; Government Code § 7072).

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

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

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

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

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

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

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

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

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

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

Copyright Lexipol, LLC 2022/ 10/ 12, an Riyn s Reserved. Military Equipment- 1 Published with permission by Lathrop Police Department
417
Lathrop Police Department
Policy Manual
Military Equipment

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

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

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

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

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

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

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

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

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

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

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

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

14. Kinetic energy weapons and munitions.

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

16. Notwithstanding paragraphs ( 1) through ( 15), " Military Equipment" does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.
706. 2 POLICY
It is the policy of the Lathrop Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 706. 3 COLLABORATION OR COORDINATION WITH OTHER AGENCIES Law enforcement agencies responding to a call for mutual aid or who participate in collaboration with Lathrop Police Department within the City of Lathrop shall adhere to their own policies on the use of military equipment.
706. 4 POLICY COMPLIANCE
Government Code section 7070 requires that this policy specify the mechanisms to be used by the Department to ensure compliance with this policy. Complaints regarding violations of this policy Copyright Lexipol, LLC 2022/ 10/ 12, au R 9nts ReseNed. Military Equipment- 2 Published with permission by Lathrop Police Department 418
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Policy Manual
Military Equipment
are subject to investigation and discipline in accordance with Policy 1020, and other policies of the Department related to officer discipline. Complaints, questions, or other inquiries can be made as described below in the Public Involvement section. Further, The Chief will designate a Military Equipment Coordinator, whose responsibilities are described herein, which will include assisting with ensuring compliance with this policy.
706. 5 PUBLIC INVOLVEMENT
Pursuant to California Government Code § 7070( d)( 7), members of the public may register complaints or concerns or submit questions about the use of each specific type of Military Equipment in this policy by any of the following means:
a) Via email to: rbechler@ci. lathrop. ca. us
b) Via phone call to: ( 209) 647- 6400
c) Via mail sent to: Lathrop Police Department Attn: Military Equipment Coordinator, 390 Towne Centre Dr. Lathrop, CA 95330.

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

Publicizing the details of the meeting.

Preparing for public questions regarding the department' s funding, acquisition, and use of equipment.
f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website( Government Code § 7072).
g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
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706. 7 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well- publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
706. 8 MILITARY EQUIPMENT INVENTORY
Pursuant to Government Code section 7070( d), the below provides a description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer ofthe military equipment. This section will include the purposes and authorized uses, the fiscal impact, the legal and procedural rules that govern the use, and the training required, for each type of military equipment. This section of the Military Equipment Use Policy is divided into two sections.

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

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

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

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

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

The Lathrop City Council will use the Annual Military Equipment Report as a mechanism to ensure the Lathrop Police Department' s compliance with this Military Equipment Use Policy, and to help it Copyright Lexipol, LLC 2022/ 10/ 12, All Rights Reserved. IV I ItBfy EqUIpI71@Ilt- 5 Published with permission by Lathrop Police Department
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determine whether to approve, revise, or revoke components of the Military Equipment Use Policy for the subsequent year.

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Attachment C

LATHROP POLICE DEPARTMENT EQUIPMENT LIST
Section One: Qualifving Equipment Owned/ Utilized bv the Lathrop Police Department

1. Unmanned Aircraft System ( UAS)
Quantity Owned/ Sought: 4
Lifespan: Unknown
Purpose/ Capabilities/ Description:
o Major collision investigation, search for missing persons, natural disasters o Vehicles are capable of being remotely navigated to provide scene information and intelligence in the form of video and still images transmitted to first responders.
o Gain visuaUaudio data and remotely clear buildings and structure o Unmanned robotics have numerous applications and are used instead of personnel in high- risk environments to increase safety for law enforcement Fiscal Impacts: The initial cost of this equipment was approximately$ 38, 485. 08.

The ongoing costs for munitions will vary and departmental staff will conduct maintenance.

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

Training Required: Officers must complete FAA certified course as well as regular training and qualifications as required by law and policy. 423

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

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

Manufacturer Product Description: Colt MLOK 5. 56 CR6920- EPR RIFLE REPL CR6933- EPR W/ 16" Barrel
Action: Gas Operated Semi- Auto
Caliber: 223 Remington/ 5. 56 NATO
Barrel Length: 16. 1"
Capacity: 30+ 1
Trigger: Standard
Safety: Reversible Safety Selector
OAL: 35. 5"
Weight: 6. 951bs
Stock: Black 4- Position Collapsible
Metal Finish: Black
Muzzle: A2 Flash Hider
Receiver Material: 7075- T6 Aluminum
Sights: A2 Front, Magpul Rear
Barrel Description: Chrome- Lined
Twist: l: 7"
Purpose: Duty\ Range
424

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

Description source: LC Action Police Su plv I Colt CR6920 Law Enforcement M4 Carbine AR15 ( Formerlv LE6920) Purpose/ Authorized Uses:

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

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

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

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

Epuinment Name: 40mm Launchers and rounds
Quantity Owned/Sought: 8
Lifespan: 20 years
Equipment Capabilities: 40mm Launchers are utilized by department personnel as a less lethal tool to launch less lethal impact rounds. The 40mm Less Lethal Launcher is capable of firing 40mm Kinetic Energy Munitions, which are essentially rubber projectiles. 425

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

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

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

Fiscal Impacts: The initial cost ofthis equipment was approximately$ 6, 979. 20. The ongoing costs for munitions will vary and maintenance is conducted by departmental staff.

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

Training Required: Officers must complete a deparhnent certified 40mm course as well as regular training and qualifications as required by law and policy. 426

LATHROP POLICE DEPARTMENT EQUIPMENT LIST
Section Two: Sqecialized Equipment Inventory known to be owned and/ or utilized bv law enforcement agencies with which the Lathrop Police Department collaborates with and/or mav reauire assistance from, in a mutual-aid situation for law enforcement services.

1. Defense Technology 12- Gram Reload Distraction Device Quantity Owned/ Sought: None
Lifespan: Unknown
Purpose/ Capabilities/ Description: To produce atmospheric over-pressure and brilliant white light and, as a result, can cause short- term( 6 - 8 seconds) physiologicaUpsychological sensory deprivation to give officers a tactical advantage. A non- bursting, non- fragmenting distraction device that produces a thunderous bag with an intense bright light. Ideal for distracting dangerous suspect during assaults, hostage rescue, room entry, or other high-risk arrest situations. The distraction device produces 175 dB of sound output at 5 feet and 6- 8 million candelas for 10 milliseconds.

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

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

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

2. ICore Mini Robots
Quantity Owned/ Sought: None
Lifespan: Unknown
Purpose/Capabilities/Description: The iCore Mini is an unmanned machine which operates on the ground utilized to enhance the safety to the community and officers. The iCore Mini can be hand carried or transported inside a rucksack, and can be remotely operated from many hundreds of ineters away, providing protection and safety to their operators. To be used to remotely gain visuaUaudio data, deliver HNT phone, open doors, disrupt packages, and clear buildings.
427

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

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

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

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

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

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

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

Training Required: None. Equipment owned, maintained, and operated by another agency.
428

LATHROP POLICE DEPARTMENT EQUIPMENT LIST

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

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

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

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

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

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

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

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

Training Required: None. Equipment owned and, operated by another agency. 429

LATHROP POLICE DEPARTMENT EQUIPMENT LIST

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

Cost: None.

Lifespan: Approximately 25 years.

Purpose/ Capabilities/ Description:

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

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

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

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

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

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

Cost: None.

Lifespan: Approximately 25 years.

Purpose/ Capabilities/ Description:

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

The12- Gauge Drag Stabilized round is comprised of a translucent 12- Gauge shell loaded with a 40 gram, tear shaped bag made from a cotton and ballistic material blend and filled with# 9 shot. This design utilizes four( 4) stabilizing tails. The 12- Gauge drag stabilized round utilizes smokeless powder as the propellant. Drag Stabilized rounds are discharged from a dedicated 12- gauge shotgun that is distinguishable by an orange butt stock and fore grip. This round provides accurate and effective performance when fired from the 430

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

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

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

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

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

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

Quantity Owned/Sought: None.

Cost: None.

Lifespan: Unknown.

Purpose/ Capabilities/ Description:

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

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

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

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

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

Cost: None.

Lifespan: Unknown.
431

LATHROP POLICE DEPARTMENT EQUIPMENT LIST
Purpose/ Capabilities/ Description:

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

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

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

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

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

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

Cost: None.

Lifespan: Unknown.

Purpose/Capabilities/ Description:

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

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

Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency. 432

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

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

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

Cost: None.

Lifespan: Unknown.

Purpose/ Capabilities/ Description:

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

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

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

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

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

MAINTENANCE OF MILITARY USE SUPPLY LEVELS:

When stocks of military equipment have reached significantly low levels or have been exhausted, the Department may order up to 10% of stock in a calendar year without City Council approval to maintain essential availability for the Department' s needs. 433
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ITEM 5. 2

CITY MANAGER' S REPORT
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING
ITEM: PUBLIC HEARING ( PUBLISHED NOTICE) ADOPTING

VARIOUS AMENDMENTS TO THE LATHROP

MUNICIPAL CODE ( LMC) TO MODERNIZE, SIMPLIFY,
AND STREAMLINE VARIOUS SECTIONS OF TITLE 17,
ZONING CODE ( TA- 22- 143)
RECOMMENDATION: Council to Consider the Following:
i. Hold a Public Hearing; and

2. First Reading and Introduce an Ordinance
Adopting Various Amendments to the Lathrop
Municipal Code ( LMC) to Modernize, Simplify, and
Streamline Various Sections of Title 17, Zoning
Code. The amendments include the following:

Chapter 17. 32 ( R One Family Residential
District): Clarify that Accessory Dwelling Units
are permitted by- right and update
requirements for swimming pool location.

Chapter 17. 36 ( RM Multifamily Residential
District): Clarify the review process for
projects that include affordable units and
remove RM- 1. 5 from the Property
Development Standards" Section.

Chapter 17. 56 ( Planned Unit Developments):

Update Chapter to clarify the processing of a
Planned Unit Developments.

Chapter 17. 61 ( River Island Zoning Districts):

Update the processing procedure for
Neighborhood Development Plans and clarify
the review process for projects that include
affordable units.

Chapter 17. 62 ( Central Lathrop Zoning
Districts): Clarify the review process for
projects that include affordable units and
update the Neighborhood Commercial and
Specialty Commercial Zoning District use list.

Chapter 17. 108 ( Administrative Approval of
Certain Uses): Add language to accommodate
live entertainment uses in commercial
establishments.

New Chapter 17. 19 ( Tattoo and Body Art
Establishments): Add a new Chapter to the
Zoning Code to provide regulations for Tattoo
and Body Art Establishments.
435
CITY MANAGERS REPORT PAGE 2
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING

MUNICIPAL CODE AMENDMENT
SUMMARY:

The proposed Code Text Amendment is a staff-initiated proposal to modify various sections of the Lathrop Municipal Code ( LMC) to modernize, simplify and streamline Title 17, Zoning. The proposed amendments include integration of current City policies, Housing Element Program Implementation, State law and best practices within the planning profession. Approval of the text amendment would allow for greater flexibility, clarification to support and promote development.

BACKGROUND:

In 2009, the City adopted an Economic Development Strategic Plan to guide the City Council in making decisions regarding economic growth for the City. In 2011, the City Council indicated a desire to accelerate economic and business development efforts by creating an Economic Development Program. To implement the City' s economic goals and policies, staff regularly review and monitor various department policies, procedures and the Zoning Ordinance for areas that need improvement. Staff determined and identified various sections of the LMC that are ambiguous, unclear and outdated. The intent of the proposed amendments is to assist and encourage development by providing concise and clear requirements for residents, developers and staff.

The City approved a similar effort and updated certain sections of the Zoning Ordinance and LMC in 2013, 2016, 2017, 2019, 2021, and in January 2022. The previous updates were well received by the community and staff inembers that process development applications and assist residents on a daily basis.

At their regular meeting of October 19, 2022, the Planning Commission voted unanimously ( 4- 0) to recommend the City Council adopt an Ordinance regarding the proposed amendments to the Lathrop Municipal Code. Attached is the Planning Commission Resolution No. 22- 14 for reference ( Attachment # 9).

ANALYSIS:

Staff has determined that the following text amendments establish conformance with the General Plan.

Housinq Element Program Implementation
The 2019 Housing Element was adopted by City Council on December 9, 2019 and included a number of Policies and Programs to encourage development of a range of housing types for all levels of income.
436
CITY MANAGERS REPORT PAGE 3
NOVEMBER 14, 2022 CITY COUNCI REGULAR MEETING

MUNICIPAL CODE AMENDMENT
Program 1n of the Housing Element states as follows:

Program 1n: Revise the Zoning Code to require ministerial approval, which may include site plan review, for housing developments that include a minimum 20 percent of units affordable to lower income households.

To implement Program 1n, the proposed amendment would update the following Chapters of the LMC:

Chapter 17. 36: RM Multifamily Residential District;
Chapter 17. 61: River Islands Zoning Districts; and
Chapter 17. 62: Central Lathrop Zoning Districts.

The amendment would add the following language to each Chapter: " Housina develoqments that include a minimum 20 percent of units affordable to lower income households shall be ministerial and exempt from this section".

Chapter 17. 32 R One- Family Residential District
In addition to implementing Program 1n as stated above, the proposed amendment would remove the requirement for administrative review for second housing units, pursuant to State Law and Chapter 17. 80 of the LMC. The proposed amendment would also remove the distance requirement for swimming pools from the front lot line, providing flexibility for uniquely shaped lots.

Chapter 17. 36 RM Multifamily Residential District
In addition to implementing Program in as stated above, the proposed amendment would remove the " RM- 1. 5 District" from the Property Development Standards Section ( Section 17. 36. 050) since there is no property in the City with this Zoning designation.

Chapter 17. 56 Planned Unit Developments
The proposed amendment includes major modifications to the Planned Unit Development Chapter of the Zoning Code. The proposed amendment would streamline its antiquated application review process. The updated process follows the same steps in adopting or amending the Zoning Ordinance and clarifies Planning Commission review and City Council approval.

Chapter 17. 61 River Islands Zoning Districts
In addition to implementing Program in as stated above, the proposed amendment would update the Neighborhood Development Plan application procedure to clarify the approval findings that the Planning Commission must make. 437
CITY MANAGERS REPORT PAGE 4
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING

MUNICIPAL CODE AMENDMENT
Chapter 17. 62 Central Lathrop Zoning Districts
In addition to implementing Program 1n as stated above, the proposed amendment would modify the Permitted and Conditional Uses for the Neighborhood Commercial and Specialty Commercial Zoning Districts to reclassify " Churches and other religious facilities" to " Assembly uses". The amendment will also remove, " Christmas tree sales" from the Conditional Use list since temporary uses like Christmas tree sales are already required to obtain a Temporary Use Permit per, Section 17. 108. 090 of the LMC.

Chapter 17. 108 Administrative Approval of Certain Uses The proposed amendment would add language to allow live entertainment held indoors, such as live bands, disc jockeys, karaoke, or similar activities when incidental to a primary use of an existing business. An applicant will be required to apply for a Temporary Use Permit ( TUP) Application which allows the City to review the event details including hours of operation, floor plan, etc. The amendment also removes the 30- day limit for TUP' s, which provides more flexibility for events such as a farmers market that occurs on scheduled days and times over a few months.

New Chapter 17. 19 Tattoo and Body Art Establishments
On September 12, 2022, the City Council directed staff to prepare a Code Amendment to permit one ( 1) Tattoo and Body Art Establishment in the City, and to utilize the distance requirements presented to the City Council.

The proposed amendment would create a new Chapter ( Chapter 17. 19) titled " Tattoo and Body Art Establishments" that includes regulations for Tattoo and Body Art Establishments. The new Chapter includes definitions pursuant to the California Health and Safety Code, identifies the maximum number allowed, provisions for distance requirements from sensitive uses, and confirms the zoning districts in which Tattoo and Body Art Establishments are permitted.

Public Notice
A Notice of Public Hearing was advertised in the Manteca Bulletin on October 28, 2022 and the meeting agenda was posted at our designated posting locations in the City. As of the writing of this report, no comments were received in favor or against the proposed amendments.

CEQA REVIEW:

The proposed Municipal Code Amendment is exempt according to the California Environmental Quality Act ( CEQA) Article 5 § 15061 ( b) ( 3) by the Common Sense Exemption" that CEQA applies only to projects that have a potential for causing a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.
438
CITY MANAGERS REPORT PAGE 5
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING

MUNICIPAL CODE AMENDMENT
The amendment does not change the zoning designation on any individual property and does not affect existing land use or density. The purpose of the amendment is to modify existing language in the Municipal Code to provide flexibility and is primarily procedural in nature. Additionally, the amendment does not approve or propose any specific development project; any specific development project undertaken in the future pursuant to the amended zoning code would be required to comply with CEQA at that time.

RECOMMENDATION:

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

1. Introduce an Ordinance adopting various amendments to the Lathrop Municipal Code ( LMC) to modernize, simplify, and streamline various sections ofTitle 17, the Zoning Code.

Chapter 17. 32 ( R One Family Residential District): Clarify that Accessory Dwelling Units are permitted by- right and update requirements for swimming pool location.

Chapter 17. 36 ( RM Multifamily Residential District): Clarify the review process for projects that include affordable units and remove the RM1. 5 District from the Property Development Standards".

Chapter 17. 56 ( Planned Unit Development): Update the chapter to clarify the processing of a Planned Unit Development.

Chapter 17. 61 ( River Islands Zoning Districts): Update the processing procedure for Neighborhood Development Plan and clarify the review process for projects that include affordable units.

Chapter 17. 62 ( Central Lathrop Zoning Districts): Clarify the review process for projects that include affordable units and update the Neighborhood Commercial and Specialty Commercial Zoning Districts permitted use list.

Chapter 17. 108 ( Administrative Approval of Certain Uses): Add language to accommodate live entertainment uses in commercial establishments.

New Chapter 17. 19 ( Tattoo and Body Art Establishments): Add a new Chapter to provide regulations for Tattoo and Body Art Establishments.

FISCAL IMPACT:

There is no fiscal impact to the City of Lathrop, only staff time to prepare the report. 439
CITY MANAGERS REPORT PAGE 6
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING

MUNICIPAL CODE AMENDMENT
ATTACHMENTS:

1. Ordinance Approving Various Municipal Code Amendments

2. Mark- up of Chapter 17. 32 R One Family Residential District

3. Mark- up of Chapter 17. 36 RM Multifamily Residential District

4. Mark- up of Chapter 17. 56 Planned Unit Developments

5. Mark- up of Chapter 17. 61 River Islands Zoning Districts

6. Mark- up of Chapter 17. 62 Central Lathrop Zoning Districts

7. Mark- up of Chapter 17. 108 Administrative Approval of Certain Uses

8. New Chapter 17. 19 Tattoo and Body Art Establishments.

9. Planning Commission Resolution No. 22- 14
440
CITY MANAGERS REPORT PAGE 7
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING

MUNICIPAL CODE AMENDMENT
APPROVALS:
6 Z Z'L
David Niskanen Date
Contract Planner
I1'' ' Lo2
Rick Caguiat Date
Assistant Community Development Director
0 27 2oZZrk eis er Da e
Community Dev I pment Director
a , 3- 0. 1
Salvador Navarrete Date
City Attorney
1 1 • 2Z
St en J. Salvatore Date
City Manager
441
ORDINANCE NO. 22-

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LATHROP

ADOPTING VARIOUS AMENDMENTS TO THE LATHROP MUNICIPAL CODE TO

MODERNIZE, SIMPLIFY, AND STREAMLINE VARIOUS SECTIONS OF TITLE 17, THE ZONING CODE ( TA- 22- 143)
WHEREAS, the City of Lathrop Planning Commission held a duly noticed public hearing at a regular meeting on October 19, 2022, at which they adopted PC Resolution No. 21- 14 recommending City Council adopt Municipal Code Text Amendment No. TA- 22- 143 pursuant to the Lathrop Municipal Code; and WHEREAS, the City of Lathrop City Council held a duly noticed public hearing at a regular meeting on November 3, 2022 to review and consider Municipal Code Amendment No. TA- 22- 143; and
WHEREAS, the proposed code amendment is Citywide and affects all applicable properties in the City; and
WHEREAS, Chapter 17. 124 of the Lathrop Municipal Code mandates the transmittal of a Planning Commission recommendation to the City Council by resolution; and
WHEREAS, the proposed code amendment is exempt according to the California Environmental Quality Act ( CEQA) Article 5 § 15061 by the " Common Sense Exemption" that CEQA applies only to projects that have a potential for causing a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment; and
WHEREAS, the City Council finds that the proposed code amendment is consistent with applicable provisions of the Lathrop General Plan and will implement the City' s Economic Development goals by providing streamline procedures, minor clarifications and incorporate updated policies; and
WHEREAS, proper notice of this public hearing was given in all respects as required by law; and
WHEREAS, the City Council has reviewed all written evidence and oral testimony presented to date.

NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Lathrop based on substantial evidence in the administrative record of proceedings and pursuant to its independent review and consideration, does hereby approve Municipal Code Amendments as shown on Attachments " 2", " 3" " 4", " 5", " 6", 7", and " 8", of the staff report dated November 14, 2022, incorporated by reference herein.

Ordinance No. 22-
442

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

Section 1. The Lathrop Municipal Code is hereby amended as shown in Attachments ' 2", ' 3", ' 4", ' 5", " 6", " 7", and " 8" incorporated by reference herein.

Section 2. This ordinance is not intended to and shall not be construed or given effect in a manner that imposes upon the city or any officer or employee thereof a mandatory duty of care toward persons and property within or without the city so as to provide a basis of civil liability for damages, except as otherwise imposed by law.

Section 3. Severabilitv. If any section, subsequent subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise invalid, such a decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance irrespective of the unconstitutionality or invalidity of any section, subsection, subdivision, paragraph, sentence, clause or phrase.

Section 4. Effective Date. This Ordinance shall take legal effect 30 days from and after the date of its passage.

Section 5. Publication. Within fifteen days of the adoption of this Ordinance, the City Clerk shall cause a copy of this Ordinance to be published in full accordance with Section 36933 of the Government Code.

Ordinance No. 22-
443
THIS ORDINANCE was regularly introduced at a meeting of the City Council of the City of Lathrop on the 14th day of November, 2022, and was PASSED AND ADOPTED at a regular meeting of the City Council of the City of Lathrop on 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 Ordinance Na 22-
444
R One- Family Residential District— Chapter 17. 32 Mark- Up ATTACHMENT 2 New text is shown by underline; deleted text is shown by * r;>>o*, r^„ n, Chapter 17. 32 R One- Family Residential District
l

17. 32. 030 Permitted uses— Administrative approval required.

The following uses may be permitted in accordance with Chapter 17. 108:

A. Enclosed temporary construction materials storage yards required in connection with the development of a subdivision, and temporary subdivision sales offices and signs and model home display areas, in accordance with Section 17. 16. 010; B. Gas and electric transmission lines in accordance with Section 17. 108. 080, electrical distribution substations, gas regulator stations, communications equipment buildings, public service pumping stations and elevated pressure tanks; C. Garden structures in accordance with Section 17. 32. 050; D. Mobilehomes on permanent foundations designed in accordance with the standards of Chapter 17. 68;
E. Tennis courts, including related fencing over seven feet in height located on the same site as a permitted or conditional use;
F. Home occupations in accordance with Chapter 17. 64;
G. Incidental and accessory structures and uses as defined in Section 17. 04. 080, located on the same site as a use permitted by administrative approval or conditional use; H. Other uses which are added to this list according to the procedure in Section

17. 16. 020. ( Ord. 22- 431 § 1; Ord. 97- 151; Ord. 92- 73) l

17.32.050 Property development standards.

A. Fences, walls and hedges shall conform to the provisions of Chapter 17. 92.

B. Site Area. The minimum site area far the R- 1- 6 and R- 1- 6X districts shall be six thousand ( 6, 000) square feet. The minimum site area for the R- 1- 5 district shall be five thousand 5, 000) square feet.
445
R One- Family Residential District— Chapter 17. 32 Mark- Up ATTACHMENT 2 L. Swimming pools and hot tubs shall conform to the following development standards:

1. Swimming pools and hot tubs shall not be loeated in a rec uired front yarci o, ., o. f;*., n foo. +,-,,.,, *, o ,.„* „* • . Such pool or tub may not be located J closer than three feet from any rear lot line or side lot line measured from water line.

2. Pool equipment for such pools and tubs shall not be located in a required front yard.

3. Fencing around all swimming pools shall be installed in compliance with the California Building Code. ( Ord. 19- 405 § 1; Ord. 18- 384 § 1; Ord. 16- 355 § 1; Ord. 96- 136; Ord. 92- 96; Ord. 92- 95; Ord. 92- 73)
446
RM Multifamily Residential District— Chapter 17. 36 Mark-Up ATTACHMENT 3 New text is shown by underline; deleted text is shown by *' r^„ R' Chapter 17. 36 RM Multifamily Residential District
l

17. 36. 020 Permitted uses.

A. One-family dwellings limited to;

1. A single- family dwelling replacing an existing single- family dwelling on a one for one basis,

2. A single-family dwelling on an existing lot of eight thousand ( 8, 000) square feet or less, or

3. Single- family dwellings that are part of a housing development with the majority of units affordable to extremely low, very low, and/or low income households; B. Multifamily dwellings;
C. A residential care facility, as defined in Section 17. 32. 020; D. A " small family day care home" as defined and regulated by the State Health and Safety Code, which provides care to eight or fewer children, including children who reside in the home;
E. A " large family day care home" as defined and regulated by the State Health and Safety Code for nine to fourteen ( 14) children, inclusive, including children who reside in the home;
F. Fenced or enclosed swimming pools for either individual, family or communal use on an exclusive noncommercial basis; provided, that no swimming pool shall be located within a utility easement or a front yard;
G. Incidental and accessory structures and uses located on the same site with a permitted use;
H. Other uses which are added to this list according to the procedure in Section

17. 16. 020;
I. The keeping of animals in accordance with the standards of Chapter 17. 28; J. Emergency shelters, in accordance with the provisions of Chapter 17. 74. 447
RM Multifamily Residential District— Chapter 17. 36 Mark- Up ATTACHMENT 3 Ord. 22- 431 § 1; Ord. 21- 418 § 11; Ord. 20- 411 § 1; Ord. 16- 365 § 1; Ord. 92- 96; Ord. 92- 73) a n a.,.-;,,, c,,,,.. io.,, o„* r n
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17. 36. 050 Property development standards.

A. Fences, walls and hedges shall conform to the provisions of Chapter 17. 92.

B. Site Area. The minimum site area in the RM- 3; and RM- 2 u=,' p
districts
shall be six thousand ( 6, 000) square feet. The minimum site area in the RM- MH8 district shall be five acres ( see Section 17. 72.030)
C. Site Area Per Dwelling Unit. The minimum site area shall be as follows:

District Area per Unit
RM- MH8 3, 000 sq. ft.

RM- 3 3, 000 sq. ft.

RM- 2 2, 000 sq. ft.
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D. Density. The allowable density for the RM multifamily residential districts shall be as identified below, per the city' s general plan:

1. RM- MH8: a minimum of one and a maximum of eight units per acre.

2. RM-3: a minimum of eight and a maximum of fifteen ( 15) units per acre.

3. RM- 2: a minimum of sixteen ( 16) and a maximum of twenty- five ( 25) units per acre.

E. Frontage, Width and Depth of Site.

1. Each site, other than for a mobilehome in a mobilehome park, shall not have less than fifty (50) feet of frontage on a public street, except that those sites which front on a cul- desac or loop-out street may have a frontage of not less than forty (40) feet, provided the width of the site, as measured along the front yard setback line, is at least sixty( 60) feet.

2. The minimum width of each site, other than for a mobilehome park, shall be fifty 50) feet.
448
RM Multifamily Residential District— Chapter 17. 36 Mark- Up ATTACHMENT 3

3. The minimum depth of each site, other than for a mobilehome in a mobilehome park, shall be eighty (80) feet.

F. Coverage. The maximum site area covered by structures shall be as follows:

District Coverage
RM- MH8 Not applicable
RM- 3 50%
RM- 2 60%
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17. 36. 060 Site plan and architectural design review.

Except for mobilehomes, single- family dwellings and accessory structures and uses related thereto, no use may be established on any lot or site in an RM district until a site plan and architectural plans shall have been submitted to and approved by the city pursuant to the provisions of Chapters 17. 100 and 17. 104. The development of mobilehome parks within the RM-MH8 district shall be subject to the standards and regulations prescribed under Chapter 17. 72. ( Ord. 92- 73)
Housin developments that include a minimum 20 percent of units affordable to lower income households shall be ministerial and exempt from this section. l
449
Planned Unit Developments— Chapter 17. 56 Mark- Up ATTACHMENT 4 New text is shown by underline; deleted text is shown by s- 1 Chapter 17. 56 Planned Unit Developments

17.56.010 Purposes.

A. Planned unit developments ( PUDs), involving the careful application of design, are encouraged to achieve a more functional, aesthetically pleasing and harmonious living and working environment within the city, which otherwise might not be possible by strict adherence to the regulations of this chapter.

B. In certain instances, the objective of the general plan and zoning code may be achieved by the development of planned units which do not conform in all respects with the land use pattern designated on the zone plan or the district regulations prescribed by this chapter. A planned unit development may include a combination of different dwelling types and/or a variety of land uses which are made to complement each other and harmonize with existing and proposed land uses in the vicinity, by design.
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17. 56. 020 Districts.

A planned unit development may be located in any district o*"^^ „ Y • * • or by
applying the planned unit development combining district in accordance with the provisions of Sections 17. 52. 010 and 17. 52. 020. A planned unit development shall be adopted or amended in the same rnanner as p- escribed by Chapter 17. 124. A planned unit development shall incl ide development plan and development schedule. ( Ord. 92- 73)

17. 56. 050 Standards.

The standards of site area and dimensions, site coverage, yard spaces, distances between structures, off-street parking and off-street loading facilities and landscaped areas need not be equivalent to the standards prescribed for the regulations for the district in which the planned unit development is located if the applicant has demonstrated by the design proposal that the objectives of the zoning code and the objectives of this chapter will be achieved. b b '
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17. 56. 060 Required locations.

No use shall be permitted and no process, equipment or material shall be employed which is found by the planning commission to be objectionable to persons residing or working in the vicinity, or injurious to property located in the vicinity by reason of odor, fumes, dust, smoke, cinders, dirt, refuse, water- carried wastes, noise, vibration, illumination, glare, unsightliness or heavy truck traffic, or to involve any hazard of fire or explosion. ( Prior code § 188. 06)

17. 56. 070 Development plan
An at plication for a planned unit develo ment zone shall include and be accompanied b a development plan.

A. The develo ment plan shall include:

1. A map showin any street system and lot desiQned within the zone Anv area proposed to be dedicated or reserved for arks lay round school sites pLiblic buildin s and other such uses m ist be shown. Compliance with this requirement Shall not be construed to relieve the applicant from compliance with the subdivision regulations or any other applicable regulations of the city of Lathro

2. A plot plan for each building site or sites in the proposed PUD zone or any portion thereof as required by the community development director The plot plan shall show the approximate loeation of all proposed buildings indicatina diStances between buildinas and property or buildin site lines.

3. Elevations of all proposed structures Such drawin s need not be the i-esult of final architectural decisions but need only be in Sufficient detail Co indicate the heiaht of proposed buildin s and general appearance of the propo5ed structures so that the entire 452
Planned Unit Developments — Chapter 17. 56 Mark- Up ATTACHMENT 4 development will have architectural unity, be in harmony with surrouncling cicvelopments and coinply with any desi n criteri in effect at the time f application.

4. A parking anci circ ilation plan for all nonresidential developr lents. This plau sha( 1 include off-street parking, truck loading access, proposed circulation pattei ns < i vehicles within the PUD zone and to and from djacent public thoroughfares. Al pecial en ineerinQ features and traffic regulation devices needed to facilitate or insu- e the safetv of the circulation shall be shown.

5. Any or all of the followin plans and diagrams or similar info• mation ma be required bv the community development director:
a. A parking sand circulation plan for residential developments; b. A landscapinQ and tree plantin plan;
c. A map showin the existin and proposed topographyof the area at one- foot contour intervals nd trees and structures on the property d. An economic feasibilit report or mat•ket analysis;
e. Noise evaluation of the proposed development;
f. A traffic analvsis of the proposed clevelopment;
B. Any chan es proposecl in the development plan shall be sLibmitted to the cor iinunity developrnent director sand shall be processed as follows:

1. Changes in the development lan which do not involve new uses, s, nificant impact on adjacent propel•ty or significant site redesign may be a- oved by the commLinity development director or referred to the planninQ commissio l for decision without a public hearin

2. Changes in the development lan which involve new uses, revisions with significant impact on adjacent propertv or significant site redesi n shall be considere an7endments to the PUD zone and processed the same as a zone boundary chan e.

17. 56. 080 Development schedule
A. An application for a PUD zone shall be accompanied by a development schedule indicating the approximate date when construction of the project can be expected to be in the antici ate rate of development and the completion date.

B. From time to time the plannin commission shall compare the actual development accomplished in the various PUD zones with the approved development schedule. If the devel pment schedule has expired, the commission may either recommend that the city council 453
Planned Unit Developments— Chapter 17. 56 Mark- Up ATTACHMENT 4 Qrant an extension to the schedule or shall initiate proceedinas to re7one the_properry to the z ne classification which it held immediatelZprior to bein zoned PUU.

C Upon request by the pro e- t owner and for good cau e the p( anning commi55ion may recommend that the city council extend the time limits of the development schedule provided that anv req iest for an extension be on file in the office of tYie community development directc r at least thirty da prior to the expir•ation of anv time limit.

17. 56. 0 90 ^ r-;* -
a„ r^ plannin commission review and procedure.

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t, ; ,,,. a,,,,, o . ,;* H * tio r co,,.;,,,, i i nn nQn A. The planninQ commission shall hold a public hearin on the planned unit develo inent establishment or revision application as required by Chapter 17. 124 ( Amendments).

The plannina commission shall consider the full ap lication at this hea-ina including the development plan and c evelopment schedule.

B. The planninQ commission shall forward a written recomnzendation and reasons for the recommendation, on the roposed planned unit develo ment establishment or revision to the city council. The recommendation shall be based on the findings in Section 17. 56. 080 in addition to the Amendments findin s specified in Chapter 17. 124. 455
Planned Unit Developments — Chapter 17. 56 Mark- Up ATTACHMENT 4 Ord. 92- 73)

17.56.8 8100 Review by city council.
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A. Ut on receipt of the planninQ commission' s recommendation the city council shall conduct a public heat-inQ and either approve approve in modified form or deny the lanned unit development establishment or i-evision. The city council may a prove the application onl if all of the findin s in Subsection B below can be made in addition to the Amendments findings specified in Chapter 17. 124.

B. The city eouncil may ap rove an application for a planned unit development establishment or revision only if all of the findin s can be made:
l. The proposed development is consistent with the oa15 policies and actions of the ¢ eneral plan and an pplicable specific plan and community plan

2. The site for Che roposed development is adequate in ; ize and shape to accommodate proposed land uses.

3. The site fo1• th i•oposed development has adequate acces considerin the limitations of existin and planned streets and highwa,L

4. Adequate public secvices exist or will be provided to serve the pro osed development.

5. The proposed develo ment will not have a sub tantial adverse effect on surroundin ropertv will be compatible with the existing and lanned land u5e character of the surroundin area. and will enhance the desirability of the area and have a beneficial effect

6. The proposed development cari-ies out the intent of the planned unit development zonin district bv providin a more efficient lse of the land and an excellence of site desi n areater than that which could be aehieved throuah the application of est blished zoning standards.

7. Each individual unit of the proposed develo ment in each phase a well 456
Planned Unit Developments— Chapter 17. 56 Mark- Up ATTACHMENT 4 as Che total develo ment, can exist as an independent unit ca able of creating a ood enti ironment in the locality and bein in anY sta e as desirable and stable as the total development.

8. Any deviation from the standard ordinance requiremenCs is warranted b the- dcsign ancl additional atnenities incorporatecl in ttle developtnent plan which c ffer certain unusual recieeming features to cor lpensate for any deviations that inay be pecmitted.

9. The principles incorporated in the proposed development plan indicate certain unic ue or unusual features, which could not otherwise be achieved under the other zonin districts.

Ord. 92- 73)
457
River Islands Zoning District— Chapter 17. 61 Mark- Up ATTACHMENT 5 New text is shown by underline; deleted text is shown by 1 Chapter 17.61 River Islands Zoning Districts

17. 61. 140 Action.

A. Preliminary Development Plan Approval. A preliminary development plan is subject to planning commission and city council approval. l. Process. A preliminary development plan must be approved by the city council before any tentative map or vesting tentative map is approved in the Planning District( s).

2. Findings. The planning commission and city council shall make the following findings:
a. The preliminary development plan meets the purpose and intent of this chapter; b. The preliminary development plan is consistent with the Lathrop General Plan; c. The preliminary development plan is consistent with the West Lathrop Specific Plan;
d. The preliminary development plan is consistent with the urban design concept.

B. Neighborhood Development Plan Approval. A neighborhood development plan is subject to review by the Stewart Tract Design Review Committee and planning commission approval.
l. Process. A neighborhood development plan must be approved by the planning commission before a final map may be approved for the property subject to the neighborhood development plan.

2. Findings. The planning commission shall make the following findings:
a. The neighborhood development plan meets the purpose and intent of this chapter; b. The neighborhood development plan is consistent with the Lathrop General Plan; c. The neighborhood development plan is consistent with the West Lathrop Specific Plan;
d. The neighborhood development plan is consistent with the urban design concept, urban, architectural and landscape guidelines for the applicable Planning District; 458
River Islands Zoning District— Chapter 17. 61 Mark- Up ATTACHMENT 5 e. The neighborhood development plan is consistent with the preliminary development plan.

C. Site Plan. A site plan is subject to review by the Stewart Tract Design Review Committee and planning commission approval.

1. Process. A site plan must be approved by the planning commission.

2. Findings. The planning commission shall make the following findings:
a. The site plan meets the purpose and intent of this chapter; b. The site plan is consistent with the Lathrop General Plan; c. The site plan is consistent with the West Lathrop Specific Plan or the West Lathrop Specific Plan 2020 Amendment for Phase 2 of River Islands; d. The site plan is consistent with the urban design concept or the Urban Design Concept 2020 Amendment for Phase 2 of River Islands, and applicable neighborhood development plan, architectural, design guidelines for the applicable Planning District; e. The site plan is consistent with the preliminary development plan. ( Ord. 21- 422 § 1; Ord. 03- 215 § 1)

17. 61. 210 River Islands zoning districts and permitted uses.

TABLE 17. 61. 1 Stewart Tract— River Islands Zoning Districts and Permitted Uses 1 Land Use2' RL- _
RI
RHMU CR TOD RCO OS/ P
RI RI

AGRICULTURAL USES
Agricultural Uses may continue pursuant to
Cha ter 17. 52.

RESIDENTIAL USES
SF detached P P
SF attached( du lex, tri lex) P P
SF attached( townhome, condominium) P P P P
MF attached P P p p
Manufactured Housin P P P P
Accessory dwelling units P P P P P
Hotels/ motels, and other lod in C P P P
Small family day care facility( 8 or fewer

P P P P P
children)
Large family day care facility( 9 to 14

PA PA PA PA PA
children)
Childcare facility C C C C C C
Emergency shelters in accordance with the
provisions of Chapter 17. 74
P
Sin le room occu ancy uses, in accordance C
459
River Islands Zoning District— Chapter 17. 61 Mark- Up ATTACHMENT 5 Land Use2•'
RL
RM-RI
RH

MU CR TOD RCO OS/ P
RI RI
with the rovisions of Cha ter 17. 73
Residential care facility, small P P P P P
Residential care facilit , lar e C C C C C
Storehouses; arden structures; reenhouses PA PA PA PA PA Fenced or enclosed private swimming pools pA PA PA PA PA or tennis courts
Home occu ations PA PA PA PA PA
Model home dis la areas PA PA PA PA PA
1 P= Permitted uses; PA = Permitted but administrative approval required; C = Conditional use permit required; Blank= Prohibited use
2 Other uses may be added to Table 17. 61. 1 by the planning commission according to the procedure in Section 17. 16. 020.

3. Housin developments that include a minimum 20 percent of units affordable to lower income households shall be ministerial and exempt from this section.

Ord. 20- 422 § 1; Ord. 20- 411 § 1; Ord. 16- 365 § 1)
460
Central Lathrop Zoning Districts — Chapter 17. 62 Mark- Up ATTACHMENT 6 New text is shown by underline; deleted text is shown by l Chapter 17. 62 Central Lathrop Zoning Districts
Article 2. VR-CL: Variable Density Residential District

17. 62. 026 Site plan and architectural review required.

The Central Lathrop Design Review process shall take the place of the site plan review for which provision is made in Chapter 17. 100 of the Lathrop Municipal Code and the architectural design review for which provision is made in Chapter 17. 104 of the Lathrop Municipal Code. Design review is required for all proposed structures, whether residential or non- residential, together with related site plans, landscaping, and public improvements associated with new development within the Central Lathrop Specific Plan Area. ( Ord. 04- 245 § 3)
Housin develo ments that include a minimum 20 ercent of units affordable to lower income households shall be ministerial and exempt from this section.

Article 3. HR-CL: High Density Residential

17. 62. 036 Site plan and architectural review required.

The Central Lathrop Design Review process shall take the place of the site plan review for which provision is made in Chapter 17. 100 of the Lathrop Municipal Code and the architectural design review for which provision is made in Chapter 17. 104 of the Lathrop Municipal Code. Design review is required for all proposed structures, whether residential or non- residential, together with related site plans, landscaping, and public improvements associated with new development within the Central Lathrop Specific Plan area. ( Ord. 04- 245 § 3)
Housin; developments that include a minimum 20 e• cent of units affc rdable to lower income households shall be ministerial and exempt from this section. 461
Central Lathrop Zoning Districts— Chapter 17. 62 Mark- Up ATTACHMENT 6 Article 4. R/ MU-CL: ResidentiaVMixed- Use Zoning District

17.62.046 Site plan and architectural review required.

The Central Lathrop design review process shall take the place of the site plan review for which provision is made in Chapter 17. 100 of the Lathrop Municipal Code and the architectural design review for which provision is made in Chapter 17. 104 of the Lathrop Municipal Code.

Design review is required for all proposed structures, whether residential or non-residential, together with related site plans, landscaping, and public improvements associated with new development within the Central Lathrop Specific Plan area. ( Ord. 04- 245 § 3) Housin developments that include a minimum 20 percent of units affordable to lower income households shall be ministerial and exempt from this secCion.

Article 5. NC-CL: Neighborhood Commercial Zoning District

17.62.053 Permitted uses: administrative approval required.

The following uses maybe permitted in accordance with the provisions of Chapter

17. 108 of the Lathrop Zoning Code:

A. One- family dwellings over or to the rear of a permitted use; provided, such dwellings shall be subject to the use, site area, coverage and yard requirements of the variable density residential district. Density to be a minimum of eight units per acre.

B. Banks, savings and loan and other financial institutions.

C. Assembl_ y ises
h.,,.,., . , , *,, o; f„ ;;.; o.
u..,..: u... «
r
D. Community centers.

E. Drive- through establishments, including banks, drug stores, and restaurants.

F. A state authorized licensed day care center for thirteen ( 13) or more children.

G. Electrical transmission and distribution sub- stations, gas regulator stations, public service pumping stations and elevated pressure tanks,
H. Garden supply and plant nurseries.
462
Central Lathrop Zoning Districts— Chapter 17. 62 Mark- Up ATTACHMENT 6 I. Libraries.

J. Liquor, packaged.

K. Medical, optometry, and dental clinics and offices.

L. Microbrewery.

M. Post office.

N. Uses allowed by Section 17. 62. 092 of this chapter.

O. Recreational facility— Indoor.

P. Senior center.

Q. Youth center. ( Ord. 04- 245 § 3)

17.62.054 Conditional uses; planning commission approval required.

The following uses may be permitted in accordance with the provisions of Chapter

17. 112 of the Lathrop Zoning Code:

A. Bar, cocktail lounge or nightclub.
h.- r,-oo los i-uT- a-c` sarc r.

BE. Communications equipment.

C. Expansion or remodeling of an existing. nonconforming use of a structure or land, up to fifty percent ( 50%) or less of the value of the structure, or reestablishment of a nonconforming use which has. been damaged, except nonconforming signs and outdoor advertising structures, nonconforming uses occupying a structure with an assessed valuation of less than two hundred dollars ($ 200), and nonconforming fences, walls and hedges.

D. Expansion, remodeling or additions to a conditional use that are not considered an incidental or accessory use as defined in Section 17. 04. 080 of the Lathrop Zoning Code.

E. Lodge halls.

FF. Multifamily residential.

G#. Artist' s studios.

H. Live/ work units.
463
Central Lathrop Zoning Districts— Chapter 17. 62 Mark- Up ATTACHMENT 6 I. Apartments, flats, and townhouses.

J. Convalescent and assisted care facilities.

K. Home occupations in accordance with the provisions of Chapter 17. 64 of the Lathrop Zoning Code.

L 4. Reclaimed water storage and water quality ponds not previously identified in previous approvals.

M. Social clubs.

N9. Spray fields not previously identified in previous approvals.

Og. Storm drain detention and retention ponds not previously identified in previous approvals.

PQ. Street fair or farmer' s market.

Q. Theater— Indoor ( dinner, movie, live play, etc.).

R. Video arcade.

S. Other uses which are added to this list according to the procedure in Section

17. 16. 020 of the Lathrop Zoning Code. ( Ord. 04- 245 § 3) Article 6. SPC- CL: Specialty Commercial Zoning District

17. 62. 064 Conditional uses; planning commission approval required.

The following uses may be permitted in accordance with the provisions of Chapter 17. 112:

A. Bar, cocktail lounge or nightclub.

R 4..- .. r. v, r.- „ i„
D- ' R TR, C',` TT TGC LTtCT
BE. Assembl.y uses
r.,,-,.o. ,,.. a ,.....,;,.;,.,,,. . ••.• . .

C 3. Communications equipment.

D£. Community center.
464
Central Lathrop Zoning Districts— Chapter 17. 62 Mark- Up ATTACHMENT 6 E. Day care center.

FEf. Expansion or remodeling of an existing nonconforming use of a structure or land, up to fifty percent ( 50%) or less of the value of the structure, or reestablishment of a nonconforming use which has been damaged, except nonconforming signs and outdoor advertising structures, nonconforming uses occupying a structure with an assessed valuation of less than two hundred dollars ($ 200. 00), and nonconforming fences, walls and hedges.

G#. Expansion, remodeling or additions to a conditional use that are not considered an incidental or accessory use as defined in Section 17. 04. 080 of the Lathrop Zoning Code.

H. Lodge hall.

I-. Reclaimed water storage and water quality ponds not previously identified in previous approvals.

J 4. Senior center.

K. Social club.

L 4. Spray fields not previously identified in previous approvals.

M. Storm drain detention and retention ponds not previously identified in previous approvals.

N9. Street fair or farmer' s market.

O. Theater— Indoor( dinner, movie, live play, etc.).

PQ. Video arcade.

Youth center.

RS. Other uses which are added to this list according to the procedure in Section 17. 16. 020 of the Lathrop Municipal Code. ( Ord. 04- 245 § 3)
465
Administrative Approval of Certain Uses— Chapter 17. 108 Mark- Up ATTACHMENT 7 New text is shown by underline; deleted text is shown by l Chapter 17. 108 Administrative Approval of Certain Uses Section 17. 108. 090 Review of temporary uses.

In order to assure the protection of the health, safety and welfare of the citizens of the city, while still providing for their pleasure and convenience, the community development director or the city manager' s designee may issue a permit for the establishment of temporary uses within the city in accordance with the following procedure and conditions; however, at his or her discretion or at the request of the planning commission, he or she may refer any application for a temporary use or structure to the planning commission for consideration.

A. Prior to the establishment of any temporary use on any lot or parcel in the city, an administrative approval shall be obtained from the planning division. Such permit may be issued for 2n` ,. ^+'" o a* o f: ^
any use which is deemed by the community u,.... u... .. t development director or the city manager' s designee, to be of a temporary nature upon making the findings required in Section 17. 108. 030.

B. Temporary uses for which permits may be granted include, but are not limited to, carnivals, circuses, religious revivals, Christmas tree lots, promotions and sales in trucks or trailers, animal shows or displays1, a-- pumpkin patches and live entertainment held indoors such as a live band dise jockey, karaoke, or similar activities, ineidental to the rimary use of an existin business.

C. Temporary uses conducted entirely within a structure that is occupied by an existing business or organization shall be exempt from the provisions of this section, except as otherwise pertnitted pw-suant to Section 17. 108. 0908).

D. Ingress and egress shall be limited to that designated by the community development department. Appropriate directional signs, barricades, fences or landscaping shall be provided where required.

E. Off-street parking facilities shall be provided on the site of each temporary use.

F. Upon termination of the temporary use or abandonment of the site, the applicant shall remove all materials and equipment and restore the premises to its original condition. 466
Tattoo and Body Art Establishments — New Chapter 17. 19 Mark- Up ATTACHMENT 8 New text is shown by underline; deleted text is shown by - 1 Chapter 17. 19 TATTOO AND BODY ART ES1' ABLI5HNTENTS

17. 19. 010 Purpose
The purpose and intent of this chapter is to define the zonina districts where tattoo and body art establishments ar-e permitted, and to define the activities o setvices of tattoo and bod art establishments are subject to this Chapter. The ro isions of this chapter are in addition to any other permits, licenses and approvals which mav be rec uired to operate a tattoo and bodv a- t establishment business in the, citv.

17. 19. 020 Definitions
Body Art" shall mean body piercinQ tattooinQ, brandin4 or application of permanent cosmetics.

Bodv Piercing" shall mean the creation of an opening in the body of a human bein the p irpose of insertin jewelry or other decor-ation. This includes, but is not limited to piercin of an ear, lip, tongue, nose, or evebi•ow. Body piercinQ does not for the urposes of this chapter includin piercin an ear with a disposable, sinale- use stud or solid needle that is applied usin mechanical device to force the needle or stud through the ear.

Brandin" shall mean the process in which a mark or marks a e burned into human skin tissue with a hot iron or other instrument, with the intention of leaving a permanent scar.

Permanent Cosmetics" shall mean the ap lication of pigments in human skin tissue for the pur ose of permanently chan in the color or other appearance of the skin. This includes but is not limited to, permanent eyeliner, eyebrow, or lip color.

Tattoo and TattooinQ" shall mean the insertion of pigment in human skin tissue b piercing with a needle.

17. 19. 030 Maximum Allowed
A. Th number of tattoo and body arC establishment businesses that i permitted to operate in the city at any one Qiven time shall be a maximum of one.

17. 19. 040 Site Location
A. No tattoo and body art establishment shall be located within 1 000 feet of anv other tattoo and bodv art est blishment.

B. No tattoo and body art establishment shall be located within 500 feet from an adult entertainment business.
467
Tattoo and Body Art Establishments —New Chapter 17. 19 Mark-Up ATTACHMENT 8 C. No tattoo and bodv art establishment shall be located within 500 feet of an business sellina alcoho( ic beverages for on pt-emise consumption.

D. No tattoo and body art establishment shall be located within 100 feet of an business sellin alcoholic beveraQes for off pren lise consumption.

E. No tattoo and body art establishment sha( 1 be located within 100 feet of an existin¢ residential zone.

F. No tattoo and body art establishment shall be located within 500 feet of a school, park, day care center or fainily day care home.

G. The distance measurement shall be from an point f-om the outer boundaries of the building lease space containin the tattoo and body art establishment to the nearest propert line of the use prescribed in this Section.

H. All business activities of the tattoo and bodv art establishment shall take place entirely within the buildin and in compliance with the requirements of the San Joaquin Count Environmental Health Department Body Art Program established under the requirements of Health and Safety Code, Chapter 7, commencinQ with Section ll9300, as amended.

17. 19. 050 Use table
A. The Use Table in this Section lists the zonin districts in which a tattoo and bodv art establishment is Permitted.

L P" desiQnates tattoo and body art establishment as a Permitted Use.

2. Tattoo and body art establishment uses are defined in Section 17. 19. 020.

In cases where a service or activity is not defined, the service or activity is prohibited.

Use Table
CN CC CS CH CS- CH- CV- CO- CS- CO- MU- NG COMV MV MV LG LG SL RI CL CL Tattoo and
Bod.y Art P P P P P P P P P P P P P
Establishineilt`
Also includes the Commercial Manufacturing Overlay of Crossroads 468

CITY OF LATHROP
PLANNING COMMISSION RESOLUTION NO. 22- 14

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LATHROP

RECOMMENDING CITY COUNCIL ADOPT VARIOUS AMENDMENTS TO THE

LATHROP MUNICIPAL CODE TO MODERNIZE, SIMPLIFY, AND STREAMLINE VARIOUS SECTIONS OF TITLE 17, ZONING CODE ( TA- 22- 143) HEREAS, the City of Lathrop Planning Commission held a duly noticed public hearing to consider the text amendment pursuant to the Lathrop Municipal Code; and WHEREAS, the proposed text amendment is Citywide and affects all applicable properties in the City; and
WHEREAS, Chapter 17. 124 of the Lathrop Municipal Code mandates the transmittal of a recommendation to the City Council by resolution; and
WHEREAS, the proposed text amendment is exempt according to the California Environmental Quality Act ( CEQA) Article 5 § 15061( b)( 3) by the " Common Sense Exemption" that CEQA applies only to projects that have a potential for causing a direct physical change in the environment, or a reasonably fareseeable indirect physical change in the environment; and WHEREAS, the Planning Commission finds that the proposed text amendment is consistent with applicable provisions of the Lathrop General Plan and will implement the City' s Economic Development goals by providing streamline procedures, minor clarifications and incorporate updated policies; and
WHEREAS, proper notice of this public hearing 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.

NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Lathrop based on substantial evidence in the administrative record of proceedings and pursuant to its independent re• iew and consideration, does hereby recommend the City Council adopt Municipal Code Text Amendment No. TA- 22- 143 as shown in Attachments 2 through 8 of the Staff Report, incorporated by reference herein.

Planning Commission Resolution No. 22- 14 Page 1 of 2
469
PASSED AND ADOPTED by the Planning Commission of the City of Lathrop at a regular meeting on the 19` h
day of October, 2022 by the following vote:

AYES: Ishihara, Ralmilay, Gatto, Jackson
NOES: None
ABSTAIN: None
ABSENT: Rhodes
Tos Is ihara, U' ce Chair
ATTEST: APPROVED AS TO F RM:

M rk Me sn r, Sec etary Salvador Navarrete, City Attorney Planning Commission Resolution No. 22- 14 Page 2 of 2
470
ITEM 5. 3

CITY MANAGER' S REPORT
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING
ITEM: PUBLIC HEARING ( PUBLISHED NOTICE) TO

CONSIDER VESTING TENTATIVE SUBDIVISION MAP
VTM- 22- 118 FOR THE ALANIZ ESTATES PROJECT
RECOMMENDATION: Council to Consider the Following:

1. Hold a Public Hearing; and

2. Adopt a Resolution Approving Vesting Tentative
Subdivision Map ( VTM- 22- 118) for the Proposed
Alaniz Estates Project to Create 8 Single- Family
Residential Lots.

SUMMARY:

The applicant is requesting approval of a Vesting Tentative Subdivision Map to subdivide two parcels consisting of approximately 0. 75- acres into eight individual residential lots. Parcels 1 through 7 are 3, 850 sq. ft. in size and Parcel 8 is 5, 744 sq. ft. in size. The map will serve as the basis for design and construction of future single- family 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- 118) for the Alaniz Estates Subdivision Project.

BACKGROUND:

The project site is located in east Lathrop on Shilling Avenue approximately 1/ 4 mile, east of Harlan Road. The property is located at the southwest corner of Shilling Avenue and Avon Avenue and is bounded on all sides by residential uses. The project site has a General Plan Land Use Designation of MD, Medium Density Residential and is within the RM- 3, Multi- Family Residential Zoning District. The table below lists surrounding land uses, zoning districts, and General Plan land use designations.

The project site contains two dilapidated houses that would be demolished as part of this development. The balance of the property is vacant.

On October 19, 2022 the Planning Commission held a public hearing and voted unanimously ( 4- 0) to recommend the City Council approve the Alaniz Estates Subdivision ( VTM- 22- 118).
471
CITY MANAGERS REPORT PAGE 2
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING

ALANIZ ESTATES SUBDIVISION
ANALYSIS:

As noted above, the proposed Vesting Tentative Subdivision Map proposes to subdivide the combined 0. 75- acre parcels into eight single- family residential lots.

Parcels 1 through 7 are 3, 850 sq. ft. in size and Parcel 8, on the corner, is 5, 744 sq. ft. in size. The minimum site area pursuant to Chapter 17. 36, RM Multifamily Residential District of the LMC is 6, 000 sq. ft.; however, the proposed project is located within the Historic Lathrop Overlay District ( Chapter 17. 38) which allows for the smaller and denser proposed lot sizes. . The following table provides an overview of the differences in the development standards between the RM- 3 Zoning District and the Historic Overlay District.

Development RM- 3 Zoning District Historic Overlay District Standard
Minimum Site Area 6, 000 s . ft. 2, 800 s . ft.

Width Corner 50 ft. 35 ft. 40 ft.

De th 80 ft. 80 ft.

Lot Covera e 50% 65%
Front Yard Setback
Porch 10 ft. 8 ft.

Livin Area 15 ft. 12 ft.

Gara e 20 ft. 20 ft.

Side Yard Setback
Interior Lot 5 ft. 4 ft.

Corner Lot 10 ft. 4 ft.

Rear Yard Setback 10 ft. 5 ft. / 10 ft.

The proposed project is consistent with the Historic Overlay District as follows:

Chapter 17. 38, Vesting
Historic Overlay Requirement Tentative Compliance?
District Subdivision Ma
Minimum Site Area 2, 800 sq. ft. Lots 1 - 7 = 3, 850 Yes sq. ft.

Lot 8 = 5, 744 sq.
ft.

Width ( Corner) 35 ft. ( 40 ft.) Lots 1 - 7 - 35 ft. Yes Lot 8 ( Corner) _
40 ft.

De th 80 ft. 110 ft. Yes
472
CITY MANAGERS REPORT PAGE 3
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING

ALANIZ ESTATES SUBDIVISION
The remaining development standards such as Lot Coverage and Setbacks ( Front, Side and Rear Yard) will be reviewed as part of an Architectural Design Review ( ADR) to confirm that the proposed buildings meet the City' s Zoning Code requirements.

The proposed project is designed with a density of 10. 6 dwelling units per acre du/ ac), which is within the Medium Density Residential Land Use Designation requirement of 8 to 15 du/ ac.

Each lot will include a driveway accessing Shilling Avenue and will need to meet the minimum garage setback of twenty ( 20) feet. The project will be required to connect to City utilities ( water, sewer and storm drain), which are located in Shilling Avenue.

Frontage improvements such as sidewalk, curb, gutter, pavement, street lights, fire hydrants, etc. will be constructed in accordance with City Standards.

The applicant will be required to purchase wastewater capacity as well as underground overhead utility lines along the frontage of the property. Electric and natural gas service will be provided by Pacific Gas & Electric to each individual lot.

General Plan and Zoning Consistency
As currently designed and conditioned, the project is a reasonable request that is consistent with the Goals and Policies of the General Plan. Specifically, the project is consistent with the following Policies:

Policy LU- 1. 3: Maintain a supply of developable lands sufficient to meet desired levels of housing, jobs, economic, educational, and recreational needs of the city over the planning horizon.

Policy LU- 1. 4 Continue to support the development of a variety of housing types and densities that meet the needs of
individuals and families, and offers residents of all income levels, age groups and special needs sufficient housing opportunities and choices.

Policy 1- 3 Preserve and protect residentially zoned sites needed to accommodate residential development consistent with the City of Lathrop RHNA through implementing the provision of the Government Code by preventing down zoning of a
residential property without a commitment for up- zoning of a comparable property.
473
CITY MANAGERS REPORT PAGE 4
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING

ALANIZ ESTATES SUBDIVISION
Policy 1- 5 Encourage development of housing that has, to the extent possible, a support structure of shopping, services, and jobs within easy access.

The proposed project will also comply with the requirements of the Zoning Ordinance and design standards in the RM- 3, Multi- Family Residential Zoning District and the Historic Overlay Zoning District. The project is also consistent with the City' s Subdivision Ordinance ( Title 16) and the State Subdivision Map Act.

Conditions of A proval
Planning staff routed the project plans on August 11, 2022 and August 31, 2022 to the Building Division, Public Works Department, Lathrop- Manteca Fire District, and Lathrop Police Department to ensure compliance with applicable codes and requirements. Planning staff also routed an external referral to outside agencies on August 11, 2022 and received comment letters from the following agencies:

Airport Land Use Commission ( ALUC)
Manteca Unified School District ( MUSD)
Pacific Gas & Electric ( PGE)
San Joaquin County Environmental Health Department ( SJ EHD) The ALUC letter stated that the project is compatible with the 2018 Stockton Metropolitan Airport Land Use Compatibility Plan ( ALUCP) and provided standards and project design conditions to comply with the ALUCP. The MUSD letter identified the District' s plan for future school funding. As requested staff provided a copy of the letter to the applicant. The SJ EHD letter included a recommended Condition of Approval that any geotechnical drilling shall be conducted under permit and inspection by the Environmental Health Department.

Staff finds that the proposed project has been properly conditioned to meet the City' s standards and requirements.

Public Notice
A Notice of Public Hearing was advertised in the Manteca Bulletin on October 28, 2022 and emailed to the list of public hearing subscribers. Staff also mailed the public hearing notice on October 31, 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. As of the writing of this report, no comments were received in favor or against the proposed project.
474
CITY MANAGERS REPORT PAGE 5
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING

ALANIZ ESTATES SUBDIVISION
CEQA REVIEW:

The City finds that the proposed project is exempt according to the California Environmental Quality Act ( CEQA) Article 19 § 15332 Class 32 " In- Fill Development".

The project is consistent with the General Plan and Zoning and regulations of the parcel, and occurs within the City limits on a project site of five ( 5) acres or less. The project is substantially surrounded by urban uses; has no value as habitat for endangered, rare, or threatened species; does not result in any significant effects relating to traffic, noise, air, and water quality; and can be adequately served by all required utilities and public services. No significant impacts are anticipated and no mitigation measure have been required.

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- 118) for the Alaniz Estates Subdivision Project.

FISCAL IMPACT:

All application processing fees and costs are charged to the applicant. The request has no fiscal impact to the City.

ATTAC H M E NT:

1. City Council Resolution Approving Vesting Tentative Subdivision Map ( VTM- 22- 118)

2. Conditions of Approval, dated October 19, 2022

3. Vicinity Map

4. Vesting Tentative Subdivision Map and Preliminary Development Plan

5. Planning Commission Resolution No. 22- 13
475
CITY MANAGERS REPORT PAGE 6
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING

ALANIZ ESTATES SUBDIVISION
APPROVALS:

Z z.

David Niskanen Date
Contract Planner
F
b
2 icardo Caguiat Da e
Assistant Community Development Director
n z7 2.oi
M rk M iss r Da e
Commu ity Develo ment Director
D• 2.) - zoz.Z
Salvador Navarrete Date
City Attorney
v •?. • Zz
Ste Salvatore Date
City Manager
476
RESOLUTION NO. 22-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING VESTING TENTATIVE SUBDIVISION MAP ( VTM- 22- 118) FOR

THE PROPOSED ALANIZ ESTATES SUBDIVISION PRO) ECT
WHEREAS, the City of Lathrop City Council held a duly noticed public hearing on November 14, 2022 and proper public notice of this meeting was given in all respects as required by law to consider the Alaniz Estates Vesting Tentative Subdivision Map ( VTM22- 118) project pursuant to the Lathrop Municipal Code; and WHEREAS, the property is located at 310 and 342 Shilling Avenue ( APN: 196- 080- 34 and - 35); and
WHEREAS, the subject site is located in a Medium Density Residential ( MD) General Plan designation, Multi- Family Residential ( RM- 3) Zoning District and is within the Historic Overlay District; and
WHEREAS, the proposed project is exempt according to the California Environmental Quality Act ( CEQA) Article 19 § 15332 Class 32 " In- Fill Development". This exemption is for a project that is consistent with the applicable General Plan designation and applicable Zoning designation and regulations, occurs within City limits on a project site of five ( 5) acres or less substantially surrounded by urban uses, has no value as habitat for endangered, rare, or threatened species, not result in any significant effects relating to traffic, noise, air, and water quality and can be adequately served by all required utilities and public services; 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 October 19, 2022 the Planning Commission held a public hearing and voted unanimously ( 4- 0) to recommend the City Council approve the Alaniz Estates Vesting Tentative Subdivision Map ( VTM- 22- 118); and
WHEREAS, the City Council has reviewed all written evidence and oral testimony presented to date.

Resolution No. 22- Page 1 of 4
477
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 RM Multifamily Residential District and Historic Overlay District 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 Chapter 17. 36 and Chapter 17. 38 of the Lathrop Municipal Code. 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, and Fire Department requirements.

3. The proposed Tentative Subdivision Map and Minor Variance are exempt according to the California Environmental Quality Act ( CEQA) Article 19 § 15332 Class 32 In- Fill Development".

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 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 proposed subdivision are consistent with the General 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 residential development. The site is designated as Medium Density Residential land use 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.

Resolution No. 22- Page 2 of 4
478

4. The site is physically suitable for the proposed density of development, The Lathrop General Plan identifies the project area to allow for residential development. The map satisfies the Medium Density requirement at 10. 6 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 Lathrop Municipal Code Development Standards.

5. The design of the subdivision or the proposed improvements will not cause substantial environmental damage or substantially injure fish or wildlife or their habitat. As stated above the project is exempt according to the California Environmental Quality Act ( CEQA) Article 19 15332 Class 32 " In- Fill Development."

6. The design of the subdivision or type of 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 is exempt according to the California Environmental Quality Act ( CEQA) Article 19 § 15332 Class 32 " In- Fill Development."

7. The design of the subdivision or the type of 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 Alaniz Estates Vesting Tentative Subdivision Map ( VTM- 22- 118), subject to the Consolidated Conditions of Approval dated October 19, 2022 listed as Attachment # 2 of the Staff Report for this item, incorporated by reference herein.

Resolution No. 22- Page 3 of 4
479
PASSED AND ADOPTED by the City Council of the City of Lathrop at a regular meeting on the 14t" day of November, 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
480
City of
L .--
Community Development Department — Planning Division
Consolidated Conditions of Approval
October 19, 2022
Project Name: Alaniz Estates Vesting Tentative Subdivision Map File Number: Vesting Tentative Subdivision Map No. VTM- 22- 118 Project Address: 310 and 342 Shilling Avenue (APNs: 196- 080- 34 and - 35) The following list of conditions shall be incorporated into the final construction plans and development phases of the project.

The list of conditions are not intended to be all-inclusive or a comprehensive listing of all Ciry or district regulations. Please note that additional comments and/ or conditions may be added pending the response to the comments noted below and/ or changes to the proposed project. The foUowing comments arid conditions of approval are based on the exhibits and diagrams dated June 29, 2022.

DESCRIPTION
The applicant is requesting approval of a Vesting Tentative Subdivision Map to subdivide two( 2) parcels consisting of approximately 0.75- acres into eight ( 8) individual residential lots. Parcels 1 through 7 are 3, 850 sq. ft. in size and Parcel 8 is 5, 744 sq. ft. in size. The map will serve as the basis for design and construction of future single-family homes.

PLANNING
CEQA Determination
The City finds that the project is Categorically Exempt according to the California Environmental Quality Act Article 19 § 15332 Class 32 " In- Fill Development". In this regard, the proposed project it is consistent with the General Plan and Zoning regulations of the parcel, and occurs within the City limits and is no more than 5- acres. The project site is substantially surrounded by urban uses; has no value as habitat for endangered, rare, or threatened species; does not result in any significant effect relating to traffic, noise, air and water quality; and can be adequately served by all required utilities and public services. No significant impacts are anticipated and no mitigation measure have been required.

1. The applicant shall contact the Finance Department to process the assessment apportionment or pay off the outstanding assessment prior to final map recordation.

2. Future development of the parcel shall comply with the development standards for Multifamily Residential Detached Units( MFD Small Lots) per Section 17. 38.090 of the Lathrop Municipal Code LMC).

3. 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 Califarnia Environmental Quality Act ( CEQA). lofS E ., ,
481

4. 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.

5. 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.

6. 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.

7. 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.

8. Unless otherwise specified, all conditions of approval shall be complied with prior to issuance of any Building Permits.

9. 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:
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.
2of5 i' ;.
482

PUBLIC WORKS

1. Wastewater
a. Applicant shall be required to connect to the City sewer system prior to certificate of occupancy for the first building within the project.
b. The wastewater will be treated at the Manteca Wastewater Quality Control Facility( MWQCF) and capacity is available for purchase. Each parcel will require one ISU of wastewater capacity ( 240 gallons per day for low density residential). c. Applicant shall submit a wastewater study proving that the existing City infrastructure can support the additional wastewater contribution and shall participate in and fund any Master Plan updates if required.
d. Wastewater laterals shall be shown on the utility site plans and shall not be located within the driveway. A clean out shall be provided at the property line.

2. Potable Water
a. Applicant shall be required to connect to the water utility for domestic supply and pay all applicable connection fees. Any groundwater wells on site shall be abandoned under a permit from San Joaquin County prior to connecting potable water to the site. b. Water capacity is available for purchase from the City and each parcel will require 430 gallons per day of capacity.
c. Applicant shall submit a potable water study proving that the existing City infrastructure can support the additional demand and shall participate in and fund any Master Plan updates if required.
d. Water laterals and meter locations shall be shown on the utility site plans and shall not be located within the driveway.

3. Storm Drain
a. Applicant shall show storm water conveyance on the utility site plan. b. Applicant shall submit a storm water study proving that the existing City infrastructure can support the additional storm water contribution and shall participate in and fund any Master Plan updates if required. Applicant shall fund and construct improvements to the City' s storm drain system if it is determined to be insufficient to support the additional storm water from the Project.

4. Storm Water— Construction
a. Project is less than one acre, applicant shall complete a small project ESCP and submit to City for review and approval.

5. Frontage Improvements
a. Applicant shall dedicate Right- of-Way Easement ( ROW) and Public Utility Easement ( PUE) to City as necessary.
b. Applicant shall move all existing overhead utilities less than 34. 5 kVA underground within the frontage of the proposed development. All new utility connections shall be placed underground.
3of5 `' ;
s
s
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c. Applicant shall submit a photometric plan to support the number and placement of the streetlight( s).
d. Applicant shall install all frontage improvements including but not limited to '/ z street width paving, sidewalk, curb, gutter, landscaping, hydrants, signing and striping, and streetlights. e. Applicant shall enter into a Subdivision Improvement Agreement prior to the approval of the final map to guarantee all public improvements.

6. General Comments
a. 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. b. Applicant shall create or participate in a Community Facilities District ( CFD) to fund the maintenance of all public infrastructure prior to issuance of the first building permit within the subdivision.
c. Applicant shall insure that all off-site and on- site improvements comply with City Standards. d. Hydrology and hydraulic calculations and plans for on- site storm water system shall be submitted to the City for review and approval.
e. The Applicant shall execute a maintenance agreement for all onsite storm water quality treatment devices, swales and/or ponds.
f. 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.
g. Applicant shall pay all appropriate fees including but not limited to Levee Impact Fee, Capital Facilities Fees, and Plan Check and Inspection Fees.
h. 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.
i. 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 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.
j. Applicant shall provide a separate demolition plan and apply far a demolition permit for any existing buildings.
k. 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 ( currently the 2019 edition) and all related standards.

2. Permits shall be obtained from the fire code official. Permit( s) and fees, 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 the fire code official. ( Permits are to be renewed on an annual basis)
4of5 ?= : a
484

3. Fire Department Development Fees for all new buildings must be paid in accordance with the City of Lathrop' s Ordinance and Resolutions adopting the fee schedule.

4. 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.

5. 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. The Fire Department Fire Access Roads shall meet the requirements established by the San Joaquin County Fire Chief' s Association.

8. Where access to or within a structure or an area 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. Please note that a separate key box will be required for each of the two access points. The key box shall be of an approved type and shall contain keys to gain necessary access as required by the fire code official. In addition to key box( es), any automatic gates shall have Opticom access ability to provide necessary access for emergency apparatus.

9. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet ( 122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on- site fire hydrants and mains shall be provided where required by the fire code official.

10. Other fire & life safety requirements may be required at time of building plan review.

11. Final approval is subject to field inspections. Minimum 48- 72- hour notice required prior to any lifesafety fire inspections. Other conditions may apply at time of inspections and are subject to correction.

ADMINISTRATIVE SERVICES

1. 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 ENVIRONMENTAL HEALTH DEPARTMENT
See enclosed memo dated August 23, 2022.

SofSl , . r ;
485
A , O
A (' I I i A Environmental Health Department
H HtlUliv
C O U N T Y------- Jasjit Kang, REHS, Oirector
Mun3appa Naidu, RENS, Assistant Direcfor
PROGRAM COORDiNATORS
Robert McClelion, REHS
Jeff Carruesco, REHS, RDI
Willy Ng, REHS
Michaei Kith. RENS
Melissa Nissim, REHS
Steven Shih, REHS
Michelie Henry. REHS
Elena Manzo, REHS
August 23, 2022
To: City of Lathrop Cammunity Development Department
Attention: David Niskanen
From: Aldara Salinas; 209-616-3019
Environmental Health Specialist
RE: TSM- 22- 118, Referral, SU00151Q2
310 8 342 Shilling Ave., Lathrop
The San Joaquin County Envi onmental Health Department ( EHD) recommends the following conditions as a part of developing this project:

1. Any geotechnical drilling shall be conducted under permit and inspection by The Environmental Health Department ( San Joaquin County Development Title, Section 9- 1115. 3 and 9- 1115. 6). 1868 E. Hazelton Avenue ( Stockton, California 95205 T 209 468- 3420 F 209 464- 0138 www. sjgay. org/ ehd 486
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p - ,,$ 310 and 342 Schilling Avenue
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CITY OF LATHROP
PLANNING COMMISSION RESOLUTION NO. 22- 13

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LATHROP

RECOMIVIENDING THAT THE CITY COUNCIL APPROVE THE ALANIZ ESTATES VESTING TENTATIVE SUBDIVISION MAP( VTM- 22- 118)
WHEREAS, the City of Lathrop Planning Commission held a duly noticed public hearing to consider the Alaniz Estates Vesting Tentative Subdivision Map( VTM-22- 118) project pursuant to the Lathrop Municipal Code; and
WHEREAS, the property is located at 310 and 342 Shilling Avenue ( APN: 196- 080- 34 and - 35); and
WHEREAS, the subject site is located in a Medium Density Residential ( MD) General Plan designation, Multi- Family Residential ( RM- 3) Zoning District; and WHEREAS, the proposed project is exempt according to the California Environmental Quality Act ( CEQA) Article 19 § 15332 Class 32 " In- Fill Development". This exemption is for a projecC that is consistent with Che applicable General Plan designation and applicable Zoning designation and regulations, occurs within City limits on a project site of five ( 5) acres or less
substantially surrounded by urban uses, has no value as habitat for endangered, rare, or lhreatened species, not result in any significant effects relating to traffic, noise, air, and water quality and can be adequately served by all required utilities and public services; 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 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 land use goals and policies the City of Lathrop General Plan, the Lathrop Municipal Code ( LMC), including the Historic Overlay District, and also consistent with the City' s Subdivision Ordinance 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 Che 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 pu6lic 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.

Plannina Commission Resolution IVo. 22- 13 Page 1 of 4
490
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 RM Multifamily Residential District and Historic Overlay District 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 Chapter 1736 and Chapter 17. 38 of the Lathrop Municipal Code. 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, and Fire Department requirements.

3. The proposed Tentative Subdivision Map and Minor Variance are exempt according to the California Environmental Quality Act ( CEQA) Article 19 § 15332 Class 32 " In- Fill Development".

4. 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 200- year Urban Level of Flood Protection in the Reclamation District 17 basin by the year 202$.

BE IT FURTHER RESOLVED that the Planning Commission o the City of Lathrop does hereby make the following Tentative Subdivision Map findings;

1. The proposed niap is cofzsistent with the Ge zeral Plc rz. The proposed map is a residential subdivision that implements the land use objectives in the Lathrop General Plan.

2. The design or irnproventents of the proposed scebdivisioiz ar-e consistent rvith the General Plc ra. As conditioned, the design of the map and proposed utility and improvements are consistent with the requirements of the General Plan. Ali required improvements are conditioned to comply with the City' s standards and specifications.

3. The site is physically sttitcrble for the p oposed residential development. The site is designated as Medium Density Residential land use in the Generai Plan. Tt e 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 sititczble for the proposed densiry of developrnent. The Lathrop General Plan identities the project area to allow for residential development. The map satisfies the Medium Density requirement at 10. 6 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 Lathrap Municipal Code Development Standards.

Plannin Commission Resolution No. 22- 13 Pa e 2 of 4
491

5. Tlte design of the subdivisiora or the proposed improverraents rvill not cniise stibstaiztial e zviro zmentnl dnniage or stabstantially injc re fish or rvildlife or their habitat. As stated above the project is exempt according to the Caiifornia Environmental Quality Act CEQA) Article 19 § 15332 Class 32 " In- Fill Development."

6. The desigrz of the st bdivisio i or type of improvenients will not cause serioi s paiblic 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 is exempt according to the California Environmental Quality Act ( CEQA) Article 19 § 15332 Class 32 " In- Fill Development."

7. The design of the subdivisio z or the type of improverraents rvill rtot conflict tivith easements, acqarired by tke pcablic at large, for czccess through or se of, praperty within the proposed sccbdivision. 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 Alaniz Estates Vesting Tentative Subdivision Map (VTM- 22- 118) to the City Council, subject to the Conditions of Approval dated October 19, 2022 listed as Attachment # 2 of the Staff Report, incorporated by reference herein.

Plannina Commissioo Resolution I To. 22- 13 Pag 3 of 4
492
PASSED AND ADOPTED by the Planning Commission of the City of Lathrop at a regular meeting on the 19` h
day of October, 2022 by the following vote:

AYES: Ishihara, Ralmilay, Gatto, Jackson
NOES: None
ABSTAIN: None
ABSENT: Rhodes
Tos Ishihara, ice Chair
ATTEST: APPROVED AS TO FO .

M k Mei sn r, Secr tary Salvador Navarrete, City Attorney Planning Commission Resolution No. 22- 13 Page 4 of 4
493
494
ITEM 5. 4

CITY MANAGER' S REPORT
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING
ITEM: PUBLIC HEARING ( PUBLISHED NOTICE) TO

CONSIDER AN ORDINANCE OF THE CITY OF
LATHROP TO REPEAL AND REPLACE TITLE 15
BUILDING AND CONSTRUCTION") TO
INCORPORATE THE 2022 CALIFORNIA BUILDING

STANDARDS INTO THE LATHROP MUNICIPAL
CODE
RECOMMENDATION: Council to Consider the Following:

1. Hold a Public Hearing; and

2. Introduction and First Reading of an
Ordinance Amending Lathrop Municipal Code
Title 15 ( Building and Construction) to
Incorporate 2022 California Building
Standards Code
SUMMARY:

Every three years, the State of California Building Standards Commission adopts new construction regulations substantially based on nationally published model codes. Collectively, these State regulations are known as the California Building Standards Code ( California Code of Regulations CCR), Title 24). On July 1, 2022, the California Building Standards Commission published the 2022 edition of the California Building Standards Code. The 2022 California Building Standards Code will apply to any building or structure for which an application for a building permit is made on or after January 1, 2023.

The State of California allows local municipalities to modify the state adopted building standards to make them more restrictive (not less), provided findings are made that the proposed modifications are necessary due to special local climatic, geological, or topographical conditions that affect the health, welfare, and safety of residents. The ordinance being recommended to the City Council does not include amendments requiring local climatic, geological, or topographical findings in the City of Lathrop.

The construction regulations contained in the 2022 California Building Standard Code govern building, electrical, plumbing, mechanical, and other aspects of building construction. These codes are revised every three years to reflect new technologies and enhance life- safety and property protection. 495
CITY MANAGER' S REPORT PAGE 2
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING

PUBLIC HEARING ( PUBLISHED NOTICE) TO CONSIDER AN ORDINANCE OF THE CITY OF LATHROP TO REPEAL AND REPLACE TITLE 15 ( BUILDING AND CONSTRUCTION") TO INCORPORATE THE 2022 CALIFORNIA

BUILDING STANDARDS INTO THE LMC
BACKGROUND:

Every three years the California Building Standards Commission publishes editions of the California Building Standards Code ( California Code of Regulations ( CCR), Title 24).

On July 1, 2022, the California Building Standards Commission published the 2022 edition of the California Building Standards Code. The 2022 California Building Standards Code will apply to any building or structure for which an application for a building permit is made on or after January 1, 2023.

The State of California allows local municipalities to modify the state adopted building standards to make them more restrictive ( not Less), provided findings are made that the proposed modifications are necessary due to local climatic, geological, or topographical conditions that can affect the health, welfare and safety of residents.

REASON FOR RECOMMENDATION:

Approval of the Ordinance will ensure consistency of the City of Lathrop' s Building, Electrical, Mechanical, Plumbing, Historical building, and Existing Building Codes with state standards and ensure that City codes provide additional protection for the health, welfare, and safety of residents required due to local climatic, geological, and topographical conditions.

FISCAL IMPACT:

None
ATTACH M ENTS:

A. Ordinance Amending Lathrop Municipal Title 15 ( Building And Construction) to Incorporate 2022 California Building Standards Code 496
CITY MANAGER' S REPORT PAGE 3
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING

AN ORDINANCE OF THE CITY OF LATHROP TO REPEAL AND REPLACE TITLE 15 ( BUILDING AND CONSTRUCTION") TO INCORPORATE THE 2022 CALIFORNIA BUILDING STANDARDS INTO THE LMC
APPROVALS:
l-/- 0 2Z
Ed Short Date
Chief Building Official
uR C i

I Z / Z D' LZ
Cari James Date
Finance Director
I- z- Zoz2
Michael King Date
Assistant City Manager
J - z.oZZ
Salvador Navarrete Date
City Attorney
J'
8•2Z
Stephen J. Salvatore Date
City Manager
497
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LATHROP TO REPEAL AND REPLACE TITLE 15 ( BUILDING AND CONSTRUCTION") TO
INCORPORATE THE 2022 CALIFORNIA BUILDING STANDARDS INTO THE

LATHROP MUNICIPAL CODE
EFFECTIVE 2023
WHEREAS, Chapter 4 of Part 2. 5 of Division 13 of the California Health and Safety Code, commencing with Section 18935, establishes a process for the California Building Standards Commission to develop, adopt and implement a statewide California Building Standards Code; and
WHEREAS, Section 17922 of the California Health and Safety Code provides that such standards shall be adopted by reference except for any additions made by the State Department of Community Development and shall impose substantially the same requirements as uniform codes identified in subdivision ( a) of Section 17922; and
WHEREAS, subdivision ( c) of Section 17922 of the California Health and Safety Code provides that local use zone requirements, local fire zones, building setback, side and rear yard setback requirements and property line requirements are left entirely to local jurisdictions; and
WHEREAS, Section 17958 of the California Health and Safety Code provides that any City may change provisions adopted pursuant to Section 17922 if such changes impose the same requirements as those imposed pursuant to Section 17922 after making express findings pursuant to Section 17958. 5 and 17958. 7 however if a city does not make changes then the California Building Standards Code becomes effective in such city 180 days after publication of the California building Standards Code by the California Building Standards Commission; and WHEREAS, Section 17958. 5 of the California Health and Safety Code provides that except for certain noise standards set forth in Section 17922. 6, a city may change the requirements of the California Building Standards Code including but not limited to green building standards as it determines are reasonably necessary based on local climatic, geological or topological conditions but only pursuant to Section 17958. 7; and
WHEREAS, pursuant to Section 17958. 7 of the California Health and Safety Code, a city may make such local changes but only if it makes the express findings regarding local climatic, geological and or topographical conditions and files same with the California Building Standards Commission; and
WHEREAS, administrative amendments and amendments to provisions not regulating buildings used for human habitation do not require findings; and 498
WHEREAS, this Ordinance contains such findings regarding climatic, geological and or topographical conditions; and
WHEREAS, the City Clerk will file this ordinance and findings with the California Building Standard Commission after adoption; and WHEREAS, this ordinance does not require CEQA review because pursuant to subdivision ( b) ( 3) of Section 15061 of the CEQA Guidelines ( 14 CCR 15061), CEQA applies only to projects which have the potential for causing a significant effect on the environment; and
WHEREAS, because it can be seen with certainty that there is no possibility that the adoption of these codes may have a significant effect on the environment, the adoption of the ordinance is not subject to CEQA.

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

Section 1•
On January 1, 2023, Chapters 15. 00, 15. 02, 15. 04, 15. 06, 15. 08, 15. 10, 15. 12,

15. 14, 15. 16, 15. 18, 15. 20, 15. 22, 15. 24, of the City of Lathrop Municipal Code are hereby repealed in their entirety.

Section 2:

On January 1, 2023, Chapters 15. 00, 15. 02, 15. 04, 15. 06, 15. 08, 15. 10, 15. 12, 15. 14,

15. 18, 15. 20, 15. 22 and 15. 24 of the City of Lathrop Municipal Code are adopted to read in full as follows:

One copy of such 2022 California Building Code is on file in the city offices and available for public inspection.

Chapter 15. 00 SCOPE AND ADMINISTRATION Adopted

15. 00. 010 Adoption by reference

15. 00. 020 Application to Ci

15. 00. 030 Omissions, amendments, and additions to the 2022 CBC

15. 00. 010 Adoption bv reference.

A. In the " 2022 California Building Code ( CBC)" ( Part 2 of the Title 24 of the California Code of Regulations), Chapter 1, Division II- Scope and Administration is adopted by reference and shall apply to all the 2022 California Building Standards Code and made part of the municipal code of the City of Lathrop as if fully set forth herein.
499

15. 00. 020 Application to City
The name City of Lathrop" is inserted in any and all blank spaces provided in the California Building Code and Appendices for the name of the city adopting such code, and wherever the word " City" as " Jurisdiction" appears in the code or is otherwise used, it shall mean and refer to the City of Lathrop.

15. 00. 030 Omissions. amendments. and additions to the 2022 CBC A. Section 113 of the 2022 California Building Standards Code ( Means of Appeals) as is adopted by the City of Lathrop be amended to read as follows:

Section 113 BOARD OF APPEALS
113. 1 General. In order to hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the application or interpretations of City of Lathrop Municipal Code, Title 15, there shall be and is hereby created a Building Life Safety Appeals Board, hereafter known also as the Local Appeals Board, consisting of inembers qualified by experience and/ or training as set forth in 15. 00. 130( C) to pass upon matters pertaining to building construction, building service equipment, property maintenance, housing standards and fire regulations and who are not employees of the City. The Building Official shall be an ex officio member and shall act as secretary to the Local Appeals Board relative to appeals for City of Lathrop Municipal Code, Title 15, except as to the Fire Code and the Fire Chief shall be an ex officio member and shall act as secretary to the board relative to appeals for the Fire Code. The Local Appeals Board shall be appointed by the City Manager. The Board may adopt rules of procedure for. conducting its business and shall render all decisions in writing to the appellant with a duplicate copy to the Building Official or the Fire Chief as is appropriate. Appeals to the Local Appeals Board shall be processed in accordance with the provisions and procedures contained in Title 15 of this Code.
113. 2 Limitations on authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted there under have been incorrectly interpreted, the provisions of this code do not fully apply or an equally good or better form of construction is proposed.

The board shall have no authority to waive requirements of this code. 113. 3 Qualifications. The Local Appeals Board shall consist of five individuals, one from each of the following:
1) A retired or currently active registered design professional with architectural or structural engineering experience or a builder or superintendent of building construction with at least ten years' experience, five of which shall have been in responsible charge of work. 2) A person with experience in dealing with the disabled community or who has been a community advocate for the disabled community or is a disabled person with a minimum of 5 years' experience in the area of disabled access requirements.
500
3) A retired or currently active registered design professional with mechanical and plumbing engineering experience or a mechanical contractor or a plumbing contractor with at least ten years' experience, five of which shall have been in responsible charge of work. 4) A retired or currently active registered design professional with electrical engineering experience or an electrical contractor with at least ten years' experience, five of which shall have been in responsible charge of work. 5) A retired or currently active registered design professional with fire protection engineering experience or a fire protection contractor with at least ten years' experience, five of which shall have been in responsible charge of work.
113. 4 Alternate members. The governing body shall appoint two alternate members who shall be called by the board chairperson to hear appeals during the absence or disqualification of a member. Alternate members shall possess the qualifications required for board membership.
113. 5 Chairperson. The board shall annually select one of its members to serve as chairperson.
113. 6 Disqualification of inember. A member shall not hear an appeal in which that member has a personal, professional or financial interest. 113. 7 Appeals. Any person, firm or corporation may register an appeal with the Local Appeals Board for review of any decision of the Building Official about Title 15, provided that the Appeal is made in writing within 30 days of receipt of notice and is accompanied with the administrative fee specified in the City' s fee schedule for an appeal. All appeals where notices declaring structures or equipment " Dangerous" must be submitted within ten ( 10) days of receipt of notice.
113. 8 Conditions. Any person shall be permitted to appeal a decision of the Building Official or Fire Chief to the Local Appeals Board when it is claimed that any one more of the following conditions exists. 1) The true intent of Title 15, as described in those codes has been incorrectly interpreted.
2) A provision in Title 15 does not apply.
3) A decision is arbitrary as it applies to alternatives, new materials or interpretations of this Title 15.
4) Request for appeals action ratification. For the purposes of this chapter, Request for Ratification" shall mean actions required under California Building Code Division I Section 1. 9. 1. 5. A written request by the Building Official that the Board approve a proposed solution based upon a
finding of " unreasonable hardship" as that term is used in Title 24 of the California Code of Regulations.
501
5) The Board must have approved a Request for Ratification, prior to the approval of plans or issuance of a permit, which requires a finding of unreasonable hardship from an appeal to the Building Official. 6) The Building Official shall place any appeal consisting of a request for ratification to determine an unreasonable hardship on the Board' s Agenda in compliance with provisions contained in 15. 00. 040 113. 9 Decisions. The Board shall not render any decision allowing a proposed design solution unless, after the hearing, it finds on the basis of substantial evidence that:
1) The proposed design is satisfactory and complies with the intent of this chapter; and
2) The proposed design meets the requirements of Title 24. 3) Board decisions overruling the Building Official' s decisions shall require four votes. Board decisions ratifying the Building Official' s requests for ratification shall require three ( 3) votes.
4) Should the Board render a decision contrary to that of the Building OfFicial, then the decision of Board shall be deemed the decision of the Building Official or Fire Chief.
113. 10 Decisions Findings and Order.
1) The decision of the Board shall be final and conclusive. 2) The findings and order of the Board shall include the following notice:

Notice to Parties:

The time within which judicial review must be sought to review this decision is governed by the provisions of California Code of Civil Procedure Section 1094. 6.

Chapter 15. 02 CALIFORNIA ADMINISTRATIVE CODE ADOPTED

15. 02. 010 Title

15. 02. 020 Adoption by reference

15. 02. 030 Apqlication to Citv

15. 02.010 Title
This title shall be known and may be cited as the " Lathrop Building Standards Code" or " LBSC." The Lathrop Building Standards Code consists of the California Building Standards Code, as codified in Title 24 of the California Code of Regulations.

15. 02. 020 Adoption by reference.

The " 2022 California Administrative Code" ( Part 1 of the Title 24 of the California Code of Regulations) is adopted by reference and made part of the Municipal Code of the City of Lathrop as if fully set forth herein.
502

15. 02. 030 Apulication to City
The name " City of Lathrop" is inserted in any and all blank spaces provided in the California Building Code and Appendices for the name of the city adopting such code, and wherever the word " City" as " Jurisdiction" appears in the code or is otherwise used, it shall mean and refer to the City of Lathrop.

Chapter 15. 04 CALIFORNIA BUILDING CODE ADOPTED

15. 04. 010 Adoption by reference

15. 04. 020 Application to Citv

15. 04. 030 Local amendments to the 2022 CBC Appendix J

15. 04. 010 Adoption by reference.

B. The " 2022 California Building Code ( CBC)" ( Part 2 of the Title 24 of the California Code of Regulations) is adopted by reference and made part of the Municipal Code of the City of Lathrop as if fully set forth herein.

C. Adoption of certain 2022 CBC Appendix Chapters
The following Chapters and Appendix of the 2022 California Building Code are adopted by the City of Lathrop, as amended by section

15. 04. 030 of this Chapter:

Appendix ) ( Grading)
Appendix H ( Signs)
The remaining Appendix' s are not adopted

15. 04. 020 Application to City
The name City of Lathrop" is inserted in any and all blank spaces provided in the California Building Code and Appendices for the name of the city adopting such code, and wherever the word " City" as " Jurisdiction" appears in the code or is otherwise used, it shall mean and refer to the City of Lathrop.

15. 04. 030 Omissions. amendments, and additions to the 2022 CBC Apnendix j
A. Section J101 ( General) shall be amended as follows:

J101. 1 Scope. The provisions of this chapter apply to grading, excavation and earthwork construction, including sills and embankments in the City of Lathrop except in Reclamation District 2062. Where conflicts occur between the technical requirements of this chapter and the geotechnical report the geotechnical report shall govern. "
Chapter 15. 06 CALIFORNIA RESIDENTIAL CODE ADOPTED

15. 06. 010 Adoption by reference

15. 06. 020 Application to Citx
503

15. 06. 010 Adoption bv reference
A. The " 2022 California Residential Code ( CRC)" ( Part 2. 5 of the Title 24 of the California Code of Regulations) is adopted by reference and made part of the Municipal Code of the City of Lathrop as if fully set forth herein.

B. Adoption of certain 2022 CRC Appendix Chapters
The following Chapters and Appendix of the 2022 California Residential Code are adopted by the City of Lathrop, as amended by section

15. 06. 030 of this Chapter:

Appendix AH ( Patio Covers)
Appendix AJ ( Existing Buildings and Structures)
Appendix AK ( Sound Transmission)
The remaining Appendix' s are not adopted

15. 06.020 Application to City
The name " City of Lathrop" is inserted in any and all blank spaces provided in the California Building Code and Appendices for the name of the city adopting such code, and wherever the word " City" as Jurisdiction" appears in the code or is otherwise used, it shall mean and refer to the City of Lathrop.

Chapter 15. 08 CALIFORNIA ELECTRICAL CODE ADOPTED

15. 08. 010 Ad tion by reference

15. 08. 020 Application to City

15. 08. 010 Adoption by reference
The " 2022 California Electrical Code ( CEC)" ( Part 3 of the Title 24 of the California Code of Regulations) is adopted by reference and made part of the Municipal Code of the City of Lathrop as if fully set forth herein.

15. 08. 020 Application to City
The name " City of Lathrop" is inserted in any and all blank spaces provided in the California Electrical Code for the name of the city adopting such code, and wherever the word " City" as Jurisdiction" appears in the code or is otherwise used, it shall mean and refer to the City of Lathrop.

Chapter 15. 10 CALIFORNIA MECHANICAL CODE ADOPTED

15. 10. 010 Adoption by reference

15. 10. 020 Application to Citk

15. 10. 010 Adoption by reference.

The 2022 California Mechanical Code ( CMC)" ( Part 4 of the Title 24 of the California Code of Regulations) is adopted by reference and made part of the Municipal Code of the City of Lathrop as if fully set forth herein.
504

15. 10. 020 Apulication to City
The name " City of Lathrop" is inserted in any and all blank spaces provided in the California Mechanical Code for the name of the city adopting such code, and wherever the word " City" as Jurisdiction" appears in the code or is otherwise used, it shall mean and refer to the City of Lathrop.

Chapter 15. 12 CALIFORNIA PLUMBING CODE ADOPTED

15. 12. 010 Adoption by reference

15. 12. 020 Application to Cit r

15. 12. 010 Adoption bv reference.

A. The " 2022 California Plumbing Code ( CPC)" ( Part 5 of the Title 24 of the California Code of Regulations) is adopted by reference and made part of the Municipal Code of the City of Lathrop as if fully set forth herein.

No Appendix' s are adopted

15. 12. 020 Anulication to City
The name City of Lathrop" is inserted in any and all blank spaces provided in the California Plumbing Code and Appendices for the name of the city adopting such code, and wherever the word " City" as " Jurisdiction" appears in the code or is otherwise used, it shall mean and refer to the City of Lathrop.

Chapter 15. 14 CALIFORNIA ENERGY CODE ADOPTED

15. 14. 010 Adoption by reference

15. 14. 020 Application to Citv

15. 14. 010 Adoption by reference.

A. The 2022 California Energy Code ( CEC)" ( Part 6 of the Title 24 of the California Code of Regulations) is adopted by reference and made part of the Municipal Code of the City of Lathrop as if fully set forth herein.

15. 12. 020 Application to Citv_
The name " City of Lathrop" is inserted in any and all blank spaces provided in the California Energy Code for the name of the city adopting such code, and wherever the word City" as "] urisdiction" appears in the code or is otherwise used, it shall mean and refer to the City of Lathrop.

Chapter 15. 18 CALIFORNIA FIRE CODE ADOPTED

15. 18. 010 Adoption by reference

15. 18. 020 Application to Citv
505

15. 18. 010 Adontion by reference.

A. The " 2022 California Fire Code ( CFC)" ( Part 9 of the Title 24 of the California Code of Regulations) is adopted by reference and made part of the Municipal Code of the City of Lathrop as if fully set forth herein.

B. Adoption of certain 2022 CFC Appendix Chapters
The following Appendix of the 2022 California Fire Code are adopted by the City of Lathrop, as amended by section 15. 12. 010 of this Chapter:

Appendix B ( Fire- Flow Requirements For Buildings)
Appendix C ( Fire Hydrant Locations and Distribution)
Appendix D ( Fire Apparatus Access Roads)
The remaining Appendix' s are not adopted

15. 18. 020 Apulication to Citv_
The name City of Lathrop" is inserted in any and all blank spaces provided in the California Fire Code and Appendices for the name of the city adopting such code, and wherever the word " City" as " Jurisdiction" appears in the code or is otherwise used, it shall mean and refer to the City of Lathrop.

Chapter 15. 20 CALIFORNIA EXISTING BUILDING CODE ADOPTED

15. 20. 010 Adoption by reference

15. 20. 020 Application to Ci

15. 20. 010 Adoution by reference.

A. The " 2022 California Existing Building Code ( CEBC)" which includes California Historical Code" & " California Reference Standards" ( Part 8, 10 and 12 of the Title 24 of the California Code of Regulations) is adopted by reference and made part of the Municipal Code of the City of Lathrop as if fully set forth herein.

15. 20. 020 A lication to Cit
The name " City of Lathrop" is inserted in any and all blank spaces provided in the California Existing Building Code for the name of the city adopting such code, and wherever the word " City" as " Jurisdiction" appears in the code or is otherwise used, it shall mean and refer to the City of Lathrop.

Chapter 15. 22 CALIFORNIA GREEN BUILDING CODE ADOPTED

15. 22. 010 Adoption bv reference

15. 22. 020 Application to Citv
506

15. 22. 010 Adootion by reference.

A. The " 2022 California Green Building Code ( CGBC)" ( Part 11 of the Title 24 of the California Code of Regulations) is adopted by reference and made part of the Municipal Code of the City of Lathrop as if fully set forth herein.

15. 22. 020 Apulication to Citv_
The name ' City of Lathrop" is inserted in any and all blank spaces provided in the California Green Building Code for the name of the city adopting such code, and wherever the word " City" as " Jurisdiction" appears in the code or is otherwise used, it shall mean and refer to the City of Lathrop.

Chapter 15. 24 CALIFORNIA HOUSING CODE ADOPTED

15. 24. 010 Adoption by reference

15. 24. 020 Application to Citv

15. 04. 030 _ Omissions, amendments and additions to the 2021 IPMC

15. 24. 010 Adoption by reference.

A. The " 2021 International Property Maintenance Code ( IPMC)" is adopted by reference and made part of the Municipal Code of the City of Lathrop as if fully set forth herein.

15. 24. 020 Apulication to City
The name " City of Lathrop" is inserted in any and all blank spaces provided in the California Housing Code and Appendices for the name of the city adopting such code, and wherever the word " City" as " Jurisdiction" appears in the code or is otherwise used, it shall mean and refer to the City of Lathrop.

15. 24. 030 Omissions, amendments, and additions to the 2021 IPMC Chapter 1 Scope and Administration
Add: Section [ AJ 111. 1 D ( Substandard Building). As defined in Health and Safety Code Section 17922.

Chapter 2 Definitions
Add: Section 202 Substandard Building. As defined in Health and Safety Code Section 17902. 3
Section 3. This ordinance is not intended to and shall not be construed or given efFect in a manner that imposes upon the city or any officer or employee thereof a mandatory duty of care toward persons and property within or without the city so as to provide a basis of civil liability for damages, except as otherwise imposed by law. 507
Section 4. Severabilitv. If any section, subsection, phrase, or clause of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, phrase or clauses thereof irrespective of the fact that any one or more sections, subsections, phrases, or clauses be declared unconstitutional or invalidity of any sections, subsection, subdivision, paragraph, sentence, clause or phrase.

Section 5. Effective Date. This ordinance shall take effect thirty ( 30) days after passage thereof.

Section 6. Publication. This ordinance shall be published in accordance with the provisions of Government Code Section 36933 of the Government Code. 508
The foregoing Ordinance was introduced on November 14, 2022 and adopted this day of 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 509
510
CITY MANAGER' S REPORT ITEM 5. 5
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING
ITEM: PUBLIC HEARING ( PUBLISHED NOTICE) TO
CONSIDER AN ORDINANCE AMENDING TITLE 12
STREETS, SIDEWALKS, AND PUBLIC SPACES",
CHAPTER 12. 20 PARKS", SECTION 12. 20. 010
CONDUCT IN CITY PARKS — PROHIBITED
ACTIONS", PART Q" TO DEFINE PARK HOURS
MORE SPECIFICALLY.

RECOMMENDATION: City Council to Consider the Following:

1. Hold a Public Hearing; and

2. First Reading and Introduction of an Ordinance
Amending Title 12, Streets, Sidewalks, and
Public Spaces", Chapter 12. 20 Parks",
Sections 12. 20.010 " Conduct in City Parks —
Prohibited Actions", Part Q" to Define Park
Hours More Specifically
SUMMARY:

The proposed Ordinance would amend the Lathrop Municipal Code to better specify park hours from the current Dawn to Dusk to 6: OOa. m. to 8: 30p. m. April through September; and 6: OOa. m. to 6: OOp. m. October through March.

This proposed amendment to the Lathrop Municipal Code section 12. 20. 010 part Q" is intended to assist with the safekeeping of City property with better defined park and open space hours which will deter vandalism and unauthorized access.

BACKGROUND:

The Lathrop Municipal Code Title 12, Section 12. 20. 010 part Q" currently defines park operating hours as Dawn to Dusk. The proposed Ordinance would amend the Lathrop Municipal Code to better specify park hours from the current Dawn to Dusk to 6: OOa. m. to 8: 30p. m. April through September; and 6: OOa. m. to 6: OOp. m.

October through March.

REASON FOR RECOMMENDATION:

The current dawn to dusk schedule creates a debatable time frame for permitted use of parks. The proposed revision to specify park hours allows for a more enforceable time frame.
511

CITY MANAGER' S REPORT
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING

PUBLIC HEARING ( PUBLISHED NOTICE) TO CONSIDER AN ORDINANCE AMENDING TITLE 12 STREETS, SIDEWALKS, AND PUBLIC SPACES", CHAPTER 12. 20 PARKS", SECTION 12. 20. 010 CONDUCT IN CITY PARKS - PROHIBITED ACTIONS", PART Q" TO DEFINE PARK HOURS MORE
SPECIFICALLY.

FISCAL IMPACT:

None
ATTACH M ENTS:

A. An Ordinance of the City Council of the City of Lathrop Amending the Lathrop Municipal Code Section 12. 20. 010 Entitled Conduct in city parks - Prohibited actions", amending Section " Q" to better specify park hours.

B. Current Park Ordinance.
512

CITY MANAGER' S REPORT
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING

PUBLIC HEARING ( PUBLISHED NOTICE) TO CONSIDER AN ORDINANCE AMENDING TITLE 12 STREETS, SIDEWALKS, AND PUBLIC SPACES", CHAPTER 12. 20 PARKS", SECTION 12. 20. 010 CONDUCT IN CITY PARKS — PROHIBITED ACTIONS", PART Q" TO DEFINE PARK HOURS MORE
SPECIFICALLY.

APPROVALS:
10• 31' ZI
Tod Se sti n Date
Director of Parks, Recreation and
Maintenance Services
ll Zo
M rk eis er Date
Directo o Com unity Development
l l o,,.

Cari James Date
Director of Finance
L
2- 2022
Michael King Date
Assistant City Manager
3 -- zoti i
Salvador Navarrete Date
City Attorney
l• 8• Lz
S phen J. Salvatore Date
City Manager
513

ATTACHMENT A
ORDINANCE NO. 22-

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LATHROP AMENDING THE LATHROP MUNICIPAL CODE TITLE 12 STREETS, SIDEWALKS, AND PUBLIC SPACES", CHAPTER 12. 20 ENTITLED PARKS", SECTION 12. 20. 010 ENTITLED CONDUCT IN CITY PARKS - PROHIBITED ACTIONS", PART " Q"

TO DEFINE PARK HOURS MORE SPECIFICALLY
WHEREAS, the City of Lathrop City Council held a duly noticed public hearing at a regular meeting on November 14, 2022 to introduce, review and consider this Ordinance; and
WHEREAS, the proposed municipal code text amendment is citywide and affects all City parks; and
WHEREAS, the City Council desires to amend its park hours to assist with the safekeeping of City property; and
WHEREAS, it is appropriate to amend Lathrop Municipal Code section

12. 20. 010 part Q" to define park hours from " dawn to dusk" to " 6: OOa. m. to 8: 30p. m. April through September; and 6: OOa. m. to 6: OOp. m. October through March"; and
WHEREAS, the City Council has reviewed all written evidence and oral testimony presented to date.

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

Section 1. Chapter 12. 20 of the Lathrop Municipal Code entitled Parks" is amended as follows:

A. Section 12. 20. 010 entitled Conduct in city parks - Prohibited actions", part Q" is amended as follows:

To loiter or remain in any park ( including the parking areas) while not using the park areas or to loiter or remain in any park outside of operating hours, which are t- d- I 6: OOa. m. to 8: 30p. m. April through September; and 6: OOa. m. to 6: OOp. m.

October through March; unless otherwise permitted by the city;" Section 2. This ordinance is not intended to and shall not be construed or given effect in a manner that imposes upon the City or any officer or employee thereof a mandatory duty of care toward persons and property within or without the City so as to provide a basis of civic liability for damages, except as otherwise imposed by law.

Ordinance No. 22- Page 1 of 3
514

ATTACHMENT A
Section 3. Severabilitv. If any section, subsequent subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise invalid, such a decision shall not affect the validity of the remaining portions of this Ordinance. The City Council herby declares that it would gave passed each section subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance irrespective of the unconstitutionality or invalidity of any section, subsection, subdivision, paragraph, sentence, clause or phrase.

Section 4. Effective Date. This Ordinance shall take legal effect 30 days from and after the date of its passage.

Section 5. Publication. Within fifteen days of the adoption of this Ordinance, the City Clerk shall cause a copy of this Ordinance to be published in full accordance with Section 36933 of the Government Code.

Ordinance No. 22- Page 2 of 3
515

ATTACHMENT A
THIS ORDINANCE was regularly introduced at a Regular Meeting of the City Council of the City of Lathrop on the 14t" day of November, and was PASSED AND ADOPTED at a regular meeting of the City Council of the City of Lathrop on day of by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO ORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney Ordinance No. 22- Page 3 of 3
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Attachment B
Lathrop, California Municipai Code
Title 12 STREETS, SIDEWALKS AND PUBLIC PLACES
Chapter 12. 20 PARKS

12. 20.010 Conduct in city parks—Prohibited actions.

The following activities are prohibited:

A. To enter or trespass any area, building, park, or facility which is fenced and locked or enclosed and locked;
B. To ride or bring any horse or similar animal, or to propel a vehicle in or upon any area of any park, except those areas designated by the city to do so; C. To drive any unauthorized vehicle in a park;
D. To fail to clean- up after your pets in any park or to have a dog in any park not fastened to a leash unless the facility has been designated as a dog park; E. To operate a gasoline powered go- cart or midget car within a park without prior written permission from the city;
F. To clean, wash, polish or do anything other than emergency repairs upon any automobile, motorcycle or self- driven vehicle in any park;
G. To park any motor vehicle in any place other than designated parking areas. Designated parking places shall be designated by appropriate signs; H. To carry or bring any firearms, air or air-soft guns, pellet guns, slingshots, firecrackers or fireworks into any park without prior written permission by the city and the local fire department; I. To make a fire in any park other than in barbecues provided by the city without prior written permission from the city;
J. To bring into any park any hazardous material which will, if spilled or spread, be injurious users of the facility, to the grass turf or plant growth or other hardscapes; K. To cut or remove any wood, wood chips, turf, rock, tree, flower, shrub, sand or gravel from any park unless prior written permission is provided by the city; L. To deposit or dispose of in any park any bottles, tin or aluminum cans, broken glass, paper, clothes, rubbish, soil, tree trimmings, garbage, ashes or other debris of any kind, except in approved containers provided by the city;
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M. To deposit or dispose of any household waste or construction materials into trash containers provided by the city;
N. To remove, move, damage, destroy, or modify any athletic field or maintenance equipment, or official park sign on park grounds;
O. For any male person to resort to any restroom set apart for women, and for any female person to resort to any restroom set apart for men; provided that this prohibition shall not apply to children accompanied by their father, mother or legal guardian unless otherwise allowed by the city; P. To climb onto any building structure, or tree on park grounds; Q. To loiter or remain in any park ( including the parking areas) while not using park areas or to loiter or remain in any park outside of operating hours, which are dawn to dusk unless otherwise permitted by the city;
R. For any person, or persons, to remain in a park who have been involved in an activity or an altercation that creates a potential threat to public safety; S. To enter any park facility where an entry fee is charged without first paying the full legal charge made for such entrance unless such entrance is by the consent or permission of the person or organization in charge;
T. To possess or consume alcoholic beverages within the boundaries of any city park or park facility;
U. To play golf or engage in the hitting of golf balls in any park; V. To play or engage in any organized sports play without a permit, or to play any organized sport in places that are not specifically provided or designated for that purpose without a permit. For purposes of this subsection, " organized sports play" shall mean any game, tournament, contest, or other activity in which more than fifteen ( 15) persons participate, or in which the time and place of play have been predetermined by either the participants or any other person or organization. In addition, the wearing of uniforms by three or more persons, or the presence of game officials shall constitute evidence of organized sports play;
W. To loiter or remain in any storm drain retention basin with park-like improvements whenever there is standing water over four inches that covers more than one square foot; X. To loiter in or near any park restroom building by remaining in any one place under circumstances that would warrant a reasonable person to believe that the purpose or effect of that behavior is to enable control over identifiable areas, to intimidate others from entering those areas, or to conduct illegal activities. For the purpose of this rule, near is defined as within ten ( 10) feet of the restroom building;
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Y. To use sound amplifying equipment at a volume that exceeds fifteen ( 15) decibels above the ambient base noise level at a distance of fifteen ( 15) feet in any direction from the source of the sound without a permit. ( Ord. 17- 379 § 1; Ord. 16- 360 § 1; Ord. 08- 280 § 1; Ord. 06- 261 § 1; Ord. 04- 232 § 1; Ord. 98- 155; Ord. 91- 57)
Contact:

City Clerk: 209- 941- 7230
Published by Quality Code Publishing, Seattle, WA. By using this site, you agree to the terms of use. 519
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ITEM 6. 2

CITY MANAGER' S REPORT
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING
ITEM: MAYOR' S REFERRAL
RECOMMENDATION: Appointment of Eight ( 8) Voting Members and One 1) Non- Voting Member to the Youth Advisory
Commission, with Terms Ending, May 31, 2023
YOUTH ADVISORY COMMISSION — LMC CHAPTER 2. 20
The commission currently has eight ( 8) available vacancies; nine ( 9) applications were received. The last application received will be placed as a non- voting member.

Tonight' s action, will complete the roster for the Youth Advisory Commission. Any new applications to join will be given the choice to be added as non- voting members.

APPLICANTS FOR CONSIDERATION:

1. Vaelua Vitale

2. Harnoor Brar

3. Daniel McCray

4. Gurjot Singh

5. Osen Ugbiyobo

6. Julissa Aguilar

7. Manpreet Kaur Bains

8. Christopher Cadiente

9. Carolina Padilla
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CUMMISSION/ CC?MMITTEE APPLIC
Applying for: - Please Choose Fram The F ilawi Q
Speciat Rectulrements: AA($ qNp E( rR'( N
Ya tti Advisary Cam iissialr: Must be a Lathrop resident betwccn i 3 to 1$ years of age to servt ort this commission.

Sultor Advlsary Canlniission: Must be u Lathrop resident 50 years of age or over to serve on this cammissian.

Plaatring, Parks& Recreal7ou Commissfons, asd bteast re C Ovcrsight Ca nmittee: Must bc a Lathrop residcnt to serve on tl is commissian.

L.EASE PRINT QR TYPE THE FULLO VING INFORMATION: