NOVEMBER 14, 2022 – Regular Meeting Agenda – 7:00 p.m.
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November 14, 2022 – City Council Regular Meeting – 7:00 p.m.
City Council Chamber
390 Towne Centre Drive
Lathrop, California
(209) 941-7200
www.ci.lathrop.ca.us
City Council
Sonny Dhaliwal, Mayor
Diane Lazard, Vice Mayor
Paul Akinjo
Minnie Diallo
Jennifer Torres-O’Callaghan
City Staff
Stephen Salvatore, City Manager
Salvador Navarrete, City Attorney
Michael King, Assistant City Manager
Teresa Vargas, Government Services
Director / City Clerk
Brad Taylor, City Engineer
Tony Fernandes, Information Systems Director
Cari James, Finance Director
Theresa Roland, Human Resources Director
Mark Meissner, Community Development
Director
Todd Sebastian, Parks, Recreation and
Maintenance Services Director
Raymond Bechler, Chief of Police
General Order of Business
1. Preliminary
Call to Order
Closed Session
Roll Call
Invocation
Pledge of Allegiance
Announcements by Mayor/City Mgr.
Informational Items
Declaration of Conflict of Interest
2. Presentations
3. Citizen’s Forum
4. Consent Calendar
5. Scheduled Items
Public Hearings
Appeals
Referrals and Reports from
Commissions and Committees
All Other Staff Reports and/or Action
Items
Study Sessions
6. Council Communications
7. Adjournment
Order of Discussion
Generally, the order of discussion after introduction
of an item by the Mayor will include comments and
information by staff followed by City Council
questions and inquiries. The applicant, or their
authorized representative, or interested residents,
may then speak on the item; each speaker may only
speak once to each item. At the close of public
discussion, the item will be considered by the City
Council and action taken.
Consent Calendar
Items on the Consent Calendar are considered
routine by the City Council and will be enacted by one
motion and one vote. There will be no separate
discussion of these items unless a Councilmember or
interested resident so requests, in which case the
item will be removed from the Consent Calendar and
considered separately.
1 November 14, 2022 Lathrop City Council Regular Meeting Agenda Page 1 IMPORTANT NOTICE REGARDING THIS MEETING & COVID-19
Executive Order N-29-20, issued by the Governor on March 17, 2020, set provisions which relaxed the teleconferencing requirements of the Brown Act to facilitate virtual meetings during the COVID-19 declared emergency, said provisions expired after September 30, 2021.
This public meeting will be conducted in person; all members of the City Council will attend in person. Members of the public are welcomed in person. COVID-19 and social distancing guidelines will be enforced. As a courtesy, this meeting will be available for public participation by teleconference via ZoomGov at the following link:
https://www.zoomgov.com/j/1600886864?pwd=TkxGQnZrZEhmcXZxbFR4 ejRia2FhQT09
During the meeting, those joining by ZoomGov, will be allowed to speak prior to the close of public comment on an item. If you are using this method, please “raise the hand” feature to inform the City Clerk (meeting host) you wish to speak on the matter.
Please ensure your computer speaker and microphone are fully functional.
For audio / calling in only, dial: +1 (669) 254-5252 or +1 (669) 216-1590 o To request to speak (same as the “raise hand” feature) press *9 / When the City Clerk calls your name, press *6 to unmute.
Meeting Webinar ID: 160 088 6864 / Passcode: 114432
If you are not able to attend the meeting in person or virtually - Public comment/questions will be accepted by email to City Clerk Teresa Vargas at [email protected] or by calling (209) 941-7230 Questions or comments must be submitted by 4:00 p.m., on the day of the meeting.
To address City Council in person, please submit a purple card to the City Clerk indicating name, address, and number of the item upon which a person wishes to speak.
Council Meetings are live-streamed (with Closed Captioning) on Comcast Cable Channel 97, and on the City Council Webpage: https://www.ci.lathrop.ca.us/citycouncil/page/live-stream Addressing the Council
Any person may speak once on any item under discussion by the City Council after receiving recognition by the Mayor. Purple speaker cards will be available prior to and during the meeting. To address City Council, a card must be submitted to the City Clerk indicating name, address and number of the item upon which a person wishes to speak. When addressing the City Council, please walk to the lectern located in front of the City Council. State your name and address. In order to ensure all persons have the opportunity to speak, a time limit will be set by the Mayor for each speaker (see instructions on speaker form). In the interest of time, each speaker may only speak once on each individual agenda item; please limit your comments to new material; do not repeat what a prior speaker has said. If you challenge the nature of a proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. 2 November 14, 2022 Lathrop City Council Regular Meeting Agenda Page 2 Citizen’s Forum
Any person desiring to speak on a matter, which is not scheduled on this agenda, may do so under the Citizen’s Forum section. Please submit your purple speaker card to the City Clerk prior to the commencement of Citizen’s Forum, or submit your request to speak via the “raise hand” feature in ZoomGov. Only those who have submitted speaker cards, or have expressed an interest to speak, prior to the conclusion of Citizen’s Forum will be called upon to speak.
Please be aware the California Government Code prohibits the City Council from taking any immediate action on an item, which does not appear on the agenda, unless the item meets stringent statutory requirements. The Mayor will limit the length of your presentation (see instructions on speaker form) and each speaker may only speak once on this agenda item.
Please note, the Council Chamber has limited occupancy due to social distancing.
To leave a voice message for all Councilmembers simultaneously, dial (209) 941-7230. To send an e-mail for Councilmembers simultaneously email: [email protected]. This City Council Agenda and meeting materials can be accessed by computer or any smart device at: https://www.ci.lathrop.ca.us/meetings
General Information
For reports citing supplemental documents relating to specific agenda items, these are available for review in the City Clerk’s Office. This agenda was posted at the following locations: City Hall, Community Center, Generations Center, Senior Center, and the LathropManteca Fire District “J" Street and Somerston Parkway Offices. The meetings of the Lathrop City Council are broadcast on Lathrop Comcast Cable Television Channel 97 and live streamed on the City’s website.
Assistance will be provided to those requiring accommodations for disabilities in compliance with the Americans with Disabilities Act of 1990. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility and/or accommodations to this meeting. [28 CFR 35.102-35.104 ADA Title II] Interested persons must request the accommodation at least 2 working days in advance of the meeting by contacting the City Clerk at (209) 941-7230. Information about the City or items scheduled on the Agenda may be referred to:
Teresa Vargas, MMC
Government Services Director / City Clerk
390 Towne Centre Drive
Lathrop, CA 95330
Telephone: (209) 941-7230
3 November 14, 2022 Lathrop City Council Regular Meeting Agenda Page 3
CITY OF LATHROP
CITY COUNCIL REGULAR MEETING
MONDAY, NOVEMBER 14, 2022
7:00 P.M.
COUNCIL CHAMBER, CITY HALL
390 Towne Centre Drive
Lathrop, CA 95330
AGENDA
PLEASE NOTE: There will be a Closed Session commencing at 6:00 p.m. The Regular Meeting will reconvene at 7:00 p.m., or immediately following the Closed Session, whichever is later.
1. PRELIMINARY
1.1 CALL TO ORDER
1.2 CLOSED SESSION
1.2.1 CONFERENCE WITH LABOR NEGOTIATOR Pursuant to
Government Code Section 54957.6
Agency Negotiator: Stephen J. Salvatore, City Manager
Employee Organization: Lathrop Police Officer’s Association
RECONVENE
1.2.2 REPORT FROM CLOSED SESSION
1.3 ROLL CALL
1.4 INVOCATION
1.5 PLEDGE OF ALLEGIANCE
1.6 ANNOUNCEMENT(S) BY MAYOR / CITY MANAGER
1.7 INFORMATIONAL ITEM(S) – NONE
1.8 DECLARATION OF CONFLICT(S) OF INTEREST
2. PRESENTATIONS
2.1 PROCLAMATION DECLARING NOVEMBER AS FAMILY COURT
AWARENESS MONTH
2.2 PROCLAMATION DECLARING NOVEMBER AS SIKH AWARENESS AND
APPRECIATION MONTH
4 November 14, 2022 Lathrop City Council Regular Meeting Agenda Page 4
3. CITIZEN’S FORUM
Any person desiring to speak on a matter, which is not scheduled on this agenda, may do so under Citizen’s Forum. Please submit a purple speaker card to the City Clerk prior to the commencement of Citizen’s Forum. Only those who have submitted speaker cards, or have expressed an interest to speak, prior to the conclusion of Citizen’s Forum will be called upon to speak. Please be aware the California Government Code prohibits the City Council from taking any immediate action on an item, which does not appear on the agenda, unless the item meets stringent statutory requirements. The City Council can, however, allow its members or staff to briefly (no more than five (5) minutes) respond to statements made, to ask questions for clarification, make a brief announcement or report on his or her own activities. (See California Government Code Section 54954.2(a)). Unless directed otherwise by a majority of the City Council, all questions asked and not answered at the meeting will be responded to in writing within 10 business days. ALL PUBLIC
COMMENTS MUST BE MADE IN COMPLIANCE WITH THE LATHROP CITY COUNCIL HANDBOOK OF RULES AND PROCEDURES!
4. CONSENT CALENDAR
Items on the Consent Calendar are considered routine by the City Council and will be enacted by one motion and one vote. There will be no separate discussion of these items unless the Mayor, Councilmember, or citizen so requests, in which event the item will be removed from the Consent Calendar and considered separately.
4.1 WAIVING OF READING OF ORDINANCES AND RESOLUTIONS
Waive the Reading in Full of Ordinances and Resolutions on Agenda and Adopt by Reading of Title Only, Unless Otherwise Requested by the Mayor or a Councilmember
4.2 APPROVAL OF MINUTES
Approve Minutes for the Special Meeting of September 19, 2022 and Regular Council Meeting of October 10, 2022
4.3 TREASURER’S REPORT FOR SEPTEMBER 2022
Approve Quarterly Treasurer’s Report for September 2022 CEQA Status: Not a Project as defined in Section 15378 of the State CEQA Guidelines.
4.4 COMMUNITY FACILITIES DISTRICTS ANNUAL BOND ACCOUNTABILITY REPORT FOR FY 2021/22
Receive Report for Bonded and Non Bonded Community Facilities Districts
5 November 14, 2022 Lathrop City Council Regular Meeting Agenda Page 5 CEQA Status: Not a Project as defined in Section 15378 of the State CEQA Guidelines.
4.5 ANNUAL REVIEW AND ADOPTION OF THE CITY’S INVESTMENT POLICY Adopt Resolution Approving the Annual Investment Policy for Fiscal Year 2022/23
CEQA Status: Not a Project as defined in Section 15378 of the State CEQA Guidelines.
4.6 REJECT BID FOR STRIPING SERVICES, CIP PS 22-14
Adopt Resolution Rejecting Bid for Striping Services, CIP PS 22-14 CEQA Status: Not a Project as defined in Section 15378 of the State CEQA Guidelines.
4.7 APPROVE CHRISTMAS PARADE TEMPORARY STREET CLOSURE OF J STREET, 5TH STREET, THOMSEN ROAD, AND CAMBRIDGE DRIVE
Adopt Resolution Approving Temporary Street Closures for the Lathrop Christmas Parade on December 10, 2022, of J Street, 5th Street, Thomsen Road, and Cambridge Drive
CEQA Status: Exempt according to California Environmental Quality Act Article 5 §15061(b)(3), by the “Common Sense Exemption”.
4.8 APPROVE REQUESTS FOR FACILITY FEE WAIVER FOR 2023 COMMUNITY
PARTNER GROUPS
Adopt Four (4) Resolutions Approving Facility Fee Waiver requests from the Lathrop Lions Club, Lathrop Community Volunteer Club, and the Lathrop Sunrise Rotary Club, and Lathrop Little League
CEQA Status: Exempt according to California Environmental Quality Act Article 5 §15061(b)(3), by the “Common Sense Exemption”.
4.9 APPROVE PLANNING FEE WAIVER REQUEST BY THRIVE CHURCH (TUP22-129) Consider Adoption of a Resolution to Waive the Temporary Use Permit Application Processing and Document Retention Fees for Thrive Church in the Combined Amount of $392
CEQA STATUS: Exempt according to California Environmental Quality Act Article 5 §15061(b)(3), by the “Common Sense Exemption”.
4.10 APPROVE OUT-OF-STATE TRAVEL APPROVAL FOR THE 2022 SAN
JOAQUIN AREA FLOOD CONTROL AGENCY (SJAFCA) WASHINGTON,
D.C. ADVOCACY TRIP
6 November 14, 2022 Lathrop City Council Regular Meeting Agenda Page 6 Adopt a Resolution Authorizing Out-of-State Travel for the City Manager and the Council Members Representing the City of Lathrop in the SJAFCA Board of Director, to Attend the 2022 Advocacy Trip to Washington, D.C., December 5-8, 2022
CEQA STATUS: Exempt according to California Environmental Quality Act Article 5 § 15061(b)(3), by the “Common Sense Exemption”
4.11 APPROVE POLICY ALLOWING STAFF TO ASSIST WITH THE
ADMINISTRATION OF MEDICALLY NECESSARY PRESCRIBED
MEDICATIONS TO PARTICIPANTS IN CUSTODIAL CARE PROGRAMS
Adopt Resolution Approving a Policy Allowing Staff to Assist with the Administration of Medically Necessary Prescribed Medications to Participants in Custodial Care Programs
CEQA Status: Not a Project as defined in Section 15378 of the State CEQA Guidelines.
4.12 APPROVE ADJUSTMENTS TO GASB 34 REPORTS RELATED TO VARIOUS
PUBLIC IMPROVEMENT ACCEPTANCES IN THE CLSP AREA
Adopt Resolution Approving Adjustments to GASB 34 Reports related to Various Public Improvement Acceptances in the Central Lathrop Specific Plan Area
CEQA Status: Not a Project as defined in Section 15378 of the State CEQA Guidelines.
4.13 APPROVE AMENDMENT NO. 1 WITH EKI FOR WASTEWATER DISCHARGE
REQUIREMENTS PERMIT COMPLIANCE
Adopt Resolution Approving Amendment No. 1 with EKI Environment & Water, Inc., for Groundwater Monitoring and Reporting Services for Waste Discharge Requirements Permit Compliance for the Lathrop Consolidated Treatment Facility
CEQA Status: Not a Project as defined in Section 15378 of the State CEQA Guidelines.
4.14 APPROVE PROFESSIONAL CONSULTING SERVICES AGREEMENT WITH GHD, INC. TO PREPARE THE LATHROP ACTIVE TRANSPORTATION PLAN, CIP PS 22-17
Adopt Resolution Approving a Professional Consulting Services Agreement with GHD, Inc. to Prepare the Lathrop Active Transportation Plan, CIP PS 22-17
CEQA Status: Exempt according to California Environmental Quality Act Article 18 §15262, “Feasibility and Planning Studies”.
7 November 14, 2022 Lathrop City Council Regular Meeting Agenda Page 7
4.15 APPROVE LEVEE EASEMENT AND ASSOCIATED JOINT USE AGREEMENT WITH RECLAMATION DISTRICT NO. 17 FOR A PORTION OF MOSSDALE
LANDING COMMUNITY PARK
Adopt Resolution Approving a Levee Easement and Associated Joint Use Agreement with Reclamation District No. 17 for a Portion of Mossdale Landing Community Park
CEQA Status: Not a Project as defined in Section 15378 of the State CEQA Guidelines.
4.16 ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY FBD VANGUARD CONSTRUCTION, INC. FOR THE MOSSDALE ROUNDABOUTS
IMPROVEMENTS, CIP PS 22-41
Adopt Resolution Accepting Public Improvements Constructed by FBD Vanguard Construction, Inc. for the Mossdale Roundabouts Improvements CIP PS 22-41, Authorize the Filing of a Notice of Completion, Release of Contract Retention, and Release of Performance and Payment Bonds
CEQA Status: Exempt according to California Environmental Quality Act Article 19 §15031, “Existing Facilities”
4.17 ACCEPT PUBLIC IMPROVEMENTS ASSOCIATED WITH SIA FOR TRACT 4105 AND ENCROACHMENT PERMIT NO. 2022-16 FROM LATHROP LAND ACQUISITION, LLC, LOCATED NEAR CLSP NEIGHBORHOOD 1D AND
APPROVE BUDGET AMENDMENT FOR MAINTENANCE SERVICES
Adopt Resolution Accepting Public Improvements Associated with Subdivision Improvement Agreement for Tract 4105 and Encroachment Permit No. 2022-16 from Lathrop Land Acquisition, LLC, located near CLSP Neighborhood 1D, and Approving Budget Amendment for Maintenance Contracts with David Silva dba Silva Landscape and St.
Francis Electric, LLC
CEQA Status: Not a Project as defined in Section 15378 of the State CEQA Guidelines.
4.18 CREATE CIP PS 23-09 FOR SIDEWALK INFILL AT “J” STREET AND 5TH
STREET INTERSECTION, AND APPROVE RELATED BUDGET AMENDMENT Adopt Resolution Creating CIP PS 23-09 for Sidewalk Infill at “J” Street and 5th Street Intersection and Approving Budget Amendment CEQA Status: Exempt according to California Environmental Quality Act Article 19 §15031, “Existing Facilities”
8 November 14, 2022 Lathrop City Council Regular Meeting Agenda Page 8
RIVER ISLANDS CONSENT ITEM(S)
4.19 RESCIND RESOLUTION NO. 22-5092, AWARD CONSTRUCTION CONTRACT TO G&G BUILDERS, INC. FOR THE INSTALLATION OF
RUBBERIZED SURFACING, CIP PK 22-44 LOCATED WITHIN THE RIVER
ISLANDS DEVELOPMENT AREA AND APPROVE BUDGET AMENDMENT
Adopt Resolution Rescinding Resolution No. 22-5092, Awarding Construction Contract to G&G Builders, Inc. for the Installation of Rubberized Surfacing, CIP PK 22-44 located within the River Islands Development Area and Approving Budget Amendment
CEQA Status: Not a Project as defined in Section 15378 of the State CEQA Guidelines.
4.20 APPROVE LARGE LOT FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR 34 UNDEVELOPABLE PARCELS (TRACT 4149) WITHIN
WEST VILLAGE DISTRICT OF RIVER ISLANDS
Adopt Resolution Approving a Large Lot Final Map for Tract 4149 within West Village District, Totaling 34 Undevelopable Parcels, and Subdivision Improvement Agreement with River Islands
CEQA Status: Exempt according to California Environmental Quality Act Article 18 §15268(b) “Ministerial Projects”.
4.21 APPROVE JOINT COMMUNITY FACILITIES AGREEMENT WITH RIVER
ISLANDS PUBLIC FINANCING AUTHORITY FOR RIVER ISLANDS
COMMUNITY FACILITIES DISTRICT 2016-1
Adopt Resolution Approving a Joint Community Facilities Agreement between City of Lathrop and River Islands Public Financing Authority Relating to its Community Facilities District No. 2016-1 (Public Improvements)
CEQA Status: Not a Project as defined in Section 15378 of the State CEQA Guidelines.
5. SCHEDULED ITEMS
5.1 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
The Council to Consider the Following Items:
1. Hold a Public Hearing; and
9 November 14, 2022 Lathrop City Council Regular Meeting Agenda Page 9
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 CEQA STATUS: Exempt according to California Environmental Quality Act Article 5 §15061(b)(3), by the “Common Sense Exemption”.
5.2 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)
Council to Consider the Following:
1. 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
10 November 14, 2022 Lathrop City Council Regular Meeting Agenda Page 10 CEQA Status: Not a Project as defined in Section 15378 of the State CEQA Guidelines.
5.3 PUBLIC HEARING (PUBLISHED NOTICE) TO CONSIDER VESTING TENTATIVE SUBDIVISION MAP VTM-22-118 FOR THE ALANIZ ESTATES
PROJECT
Council to Consider the Following:
1. Hold a Public Hearing; and
2. Adopt Resolution Approving Vesting Tentative Subdivision Map (VTM-22-118) the Proposed Alaniz Estates Project to Create 8 Single-Family Residential Lots
CEQA STATUS: The proposed Vesting Tentative Subdivision Map is exempt according to California Environmental Quality Act (CEQA) Article 19 § 15332 Class 32 “In-Fill Development”
5.4 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
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
CEQA Status: Exempt according to California Environmental Quality Act Article 5 §15061(b)(3), by the “Common Sense Exemption”.
5.5 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
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 CEQA Status: Exempt according to California Environmental Quality Act Article 5 §15061(b)(3), by the “Common Sense Exemption” 11 November 14, 2022 Lathrop City Council Regular Meeting Agenda Page 11
6. COUNCIL COMMUNICATIONS
6.1 MAYOR DHALIWAL REFERRAL - Discuss zoning limitations (or options) for retail and commercial properties
6.2 MAYOR DHALIWAL REFERRAL - Appointment of Eight (8) Voting Members and One (1) Non-Voting Member to the Youth Advisory Commission, with Term Ending, May 31, 2023
Eight (9) Applications Received / Eight (8) Commission Member Vacancies Available
6.3 MAYOR & COUNCILMEMBER COMMITTEE REPORT(S)
Central Valley Executive Committee/LOCC (Akinjo/Diallo) Council of Governments (Lazard/Diallo)
Integrated Waste Management Solid Waste Division (Akinjo/TorresO’Callaghan) Reclamation District 17 Joint Powers Authority (Salvatore) San Joaquin Partnership Board of Directors (Salvatore) San Joaquin County Commission on Aging (Zavala)
San Joaquin Valley Air Pollution Control District (Akinjo/Dhaliwal) Water Advisory Board (Torres-O’Callaghan/Lazard)
Tri Valley-San Joaquin Valley Regional Rail Authority (Akinjo) San Joaquin Area Flood Control Agency (Akinjo & Lazard) LAFCo (Diallo)
6.4 MAYOR & COUNCILMEMBER COMMENT(S)
7. ADJOURNMENT
/Teresa Vargas/
Teresa Vargas, MMC
Government Services Director/
City Clerk
12 ITEM 4. 2
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CITY OF LATHROP
CITY COUNCIL SPECIAL MEETING
MONDAY, SEPTEMBER 19, 2022, 6: 00 P. M.
COUNCIL CHAMBER, CITY HALL
390 Towne Centre Drive, Lathrop, CA 95330
MINUTES
1. PRELIMINARY
1. 1 CALL TO ORDER - Mayor Dhaliwal called the meeting to order at 6: 02 p. m.
1. 2 ROLL CALL Present: Mayor Dhaliwal; Vice Mayor Lazard Councilmembers: Akinjo, Diallo and TorresO' Callaghan
Absent: None
1. 3 PLEDGE OF ALLEGIANCE - Councilmember Akinjo led the pledge of allegiance.
1. 4 DECLARATION OF CONFLICT( S) OF INTEREST - No conflict of interests declared.
2. SCHEDULED ITEMS
2. 1 CITY OF LATHROP GENERAL PLAN UPDATE AND ENVIRONMENTAL IMPACT REPORT ( GPA- 17- 84)
Community Development Director Mark Meissner introduced City Consultant Ben Ritchie, Principal with the De Novo Planning Group. Mr.
Ritchie provided the presentation, including an overview of the objective and purpose of the meeting, purpose of the General Plan, overview of the existing adopted General Plan, summary of the process, milestone documents, public outreach and participation efforts, General Plan contents/ elements ( including required and optional elements), overview of the proposed Land Use Map, Environmental ( CEQA) Review, community input, comparison of existing and proposed Land Use changes, overview of limited industrial users, General Plan mitigation, and General Plan policies and actions that reduce impacts. A question and answer period ensued throughout the presentation. City Manager Stephen Salvatore provided additional information.
Government Services Director and City Clerk Teresa Vargas announced public comment letters received for Item 2. 1, submitted by Deanne Reynolds ( Lathrop resident) opposed light industrial businesses near Lathrop High School; Lana Villalobos ( Lathrop resident) expressed support for affordable housing; and Christina Campoy- Laughlin ( Lathrop resident) expressed concern with commercial truck traffic impacts near Lathrop High School and opposed light industrial businesses near Lathrop High School; Victoria Brum ( Chief Business and Information OfFicer, Manteca Unified September 19, 2022 Lathrop City Council Special Meeting Minutes Page 1 13 School District) requested changes to the text of the General Plan and opposed light industrial businesses near Lathrop High School; Daniella G.
Green and Chris Erias ( Deputy City Attorney and Director of Development Services, City of Manteca) opposed the proposed General Plan update citing negative impacts to Manteca residents and visitors; and Michael Mark Business Representative, District 2, SMART, Local Union No. 104) requested changes to the text of the General Plan as it related to labor organizations and opportunities for young and at- risk workers in construction trades.
Mayor Dhaliwal opened the public hearing. Isabella Gomez ( in person speaker) spoke in support of labor organizations and the opportunities they provide the community. Michael Mark ( in person speaker, Business Representative for District 2, SMART, Local Union No. 104) requested Council consideration of changes to the text of the General Plan as it related to the use of local labor organizations and workforces, and opportunities for young and at- risk workers in construction trades. Adriana Lopez ( in person speaker) expressed concern with commercial truck traffic impacts near Lathrop Road and Lathrop High School and opposed light industrial businesses near Lathrop High School. Lawrence Abbott ( zoom speaker) expressed concern with the goals of the General Plan as it relates to economic development. Christina Campoy- Laughlin ( zoom speaker) spoke in opposition to the proposed General Plan as it related to warehouses and distribution centers. Isabella Gomez ( in person speaker; requested to speak again) stated her opposition to the General Plan. Jeff Hightower ( in person speaker) spoke in support of the adoption of the General Plan; expressed interest in a linear river park along the river; expressed the use Roth Road as an industrial corridor. There were no other speakers. Mayor Dhaliwal closed the public hearing. The City Council continued their discussions; the question and answer period continued. Assistant Community Development Director Rick Caguiat provided additional information.
On a motion by Councilmember Akinjo, seconded by Mayor Dhaliwal to approve the proposed General Plan, with Mayor Dhaliwal citing he opposed commercial truck traffic South of Golden Valley Parkway and East of Lathrop Road.
Ayes: Akinjo and Dhaliwal
Noes: Diallo, Lazard and Torres- O' Callaghan
Absent: None
Abstain: None
MOTION FAILED.
On a motion by Councilmember Diallo, seconded Councilmember TorresO' Callaghan to adopt the General Plan without changing the area near Lathrop High School from residential to limited industrial zoning.
September 19, 2022 Lathrop City Council Special Meeting Minutes Page 2 14 Ayes: Diallo and Torres- O' Callaghan
Noes: Akinjo, Lazard and Dhaliwal
Absent: None
Abstain: None
MOTION FAILED.
The discussion continued. City Attorney Salvador Navarrete provided additional information.
On a motion by Mayor Dhaliwal, seconded by Councilmember Akinjo, to adopt the General Plan and prohibit commercial trucks on Dos Reis Road, South of Golden Valley Parkway and East of Lathrop Road.
Ayes: Akinjo and Dhaliwal
Noes: Diallo, Lazard and Torres- O' Callaghan
Absent: None
Abstain: None
MOTION FAILED.
The City Council continued discussions; the question and answer period continued. City Consultant Ben Ritchie and City Attorney Salvador Navarrete responded to additional questions of the City Council regarding the modification of truck routes by ordinance.
On a motion by Vice Mayor Lazard, seconded by Councilmember Akinjo, the City Council considered the following:
1. Held a public hearing; and
2. Adopted Resolution 22- 5153 certifying the General Plan Update Final Environmental Impact Report and adopting the General Plan Update to replace the Existing General Plan ( GPA- 17- 84), as written, inclusive of City Council directed changes and amendments to the Central Lathrop Specific Plan ( LU- 5. f); prohibition of commercial trucks on Dos Reis Road west and east of Golden Valley Parkway, on Golden Valley Parkway south of Dos Reis Road to Lathrop Road, and on Lathrop Road east of Golden Valley Parkway to Interstate 5 southbound off- ramp; provisions that development projects proposed north of Dos Reis Road and south of De Lima Road be required to obtain a Conditional Use Permit ( CUP), which shall be subject to discretionary review by the City Council; and requirements for all Limited Industrial development projects, including warehouse, distribution, and logistics projects, within the Central Lathrop Specific Plan Area ( LU- 5. g).
Ayes: Akinjo, Lazard, Torres- O' Callaghan and Dhaliwal Noes: Diallo
Absent: None
Abstain: None
September 19, 2022 Lathrop City Council Special Meeting Minutes Page 3 15 3. AD70URNMENT - There being no further business, Mayor Dhaliwal adjourned the meeting at 8: 14 p. m.
i l ..-
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eresa Vargas, MM
Government Services Director
City Clerk
This meeting was called by a majority ofthe City Council per Government Code Section 54956. 5.
Members of the public interesred in addressing the City Council during this Special Meering may address the item( s), which have been described in the notice of this Special Meeting in accordance with Government Code Section 54954. 3( a).
September 19, 2022 Lathrop City Council Special Meeting Minutes Page 4 16 CITY OF LATHROP
CITY COUNCIL REGULAR MEETING
MONDAY, OCTOBER 10, 2022
7: 00 P. M.
COUNCIL CHAMBER, CITY HALL
390 Towne Centre Drive
Lathrop, CA 95330
MINUTES
PLEASE NOTE: There was a C/ osed Session, which commenced at 6; 01 v. m. The Re4u/ar Meetinn reconvened at 7:04 n.m.
1. PRELIMINARY
1. 1 CALL TO ORDER - Mayor Dhaliwal called the meeting to order at 6: 01 p. m.
1. 2 CLOSED SESSION
1. 2. 1 CONFERENCE WITH LEGAL COUNSEL: Anticipated Litigation - Significant Exposure to Litigation Pursuant to Government Code Section 54956. 9( b) and 54956. 9( e)( 1)
2 Potential Case( s)
1. 2. 2 CONFERENCE WITH LEGAL COUNSEL: Anticipated Litigation - Significant Exposure to Litigation Pursuant to Government Code Section 54956. 9( d)( 2)
1 Potential Case( s). Owner of APN 241- 400- 28 alleges right to purchase City- owned real property identified as APN 241- 400-
27. RECONVENE - Mayor Dhaliwal reconvened the meeting at 7: 04 p. m.
1. 2. 3 REPORT FROM CLOSED SESSION
City Attorney Salvador Navarrete reported that direction was provided in regards to Item 1. 2. 1; and in regards to Item 1. 2. 2 the City Council unanimously voted to settle the matter, by agreeing to sell APN 241- 400- 27 at $ 9 per square foot, based on comparable property reviewed by the City Council.
1. 3 ROLL CALL
Present: Mayor Dhaliwal; Vice Mayor Lazard; and
Councilmembers: Akinjo, Diallo and TorresO' Callaghan.
Absent: None
October 10, 2022 Lathrop City Council Regular Meeting Minutes Page 1 17 1. 4 INVOCATION - Councilmember Akinjo provided the invocation.
1. 5 PLEDGE OF ALLEGIANCE - Counciimember Akinjo led the pledge of allegiance.
1. 6 ANNOUNCEMENT( 5) BY MAYOR / CITY MANAGER - None
1. 7 INFORMATIONAL ITEM( S) - NOTICE OF CANCELLATION OF PUBLIC
HEARING
Government Services Director / City Clerk ( City Clerk) Teresa Vargas announced that the following notice of cancellation was published on October 6, 2022.
On October 6, 2022, a Notice of Cancellation of Public Hearing was noticed for the following City Council agenda item scheduled for 7: 00 p. m., Monday, October 10, 2022.
PUBLIC HEARING ( PUBLISHED NOTICE) TO CONSIDER AN
ORDINANCE AMENDING THE SPEED LIMITS IN THE CITY OF
LATHROP, TITLE 10 VEHICLES AND TRAFFIC, CHAPTER 10. OS
SPEED LIMITS, SECTION 10. 08. 030 SPEED LIMITS OF THE
LATHROP MUNICIPAL CODE
This notice was prepared and posted in accordance with Government Code Section 54955. 1 on October 6, 2022. Once the new date has been established, the new Notice of Public Hearing will be noticed/ published as requrred by law.
1. 8 DECLARATION OF CONFLICT( S) OF INTEREST
Vice Mayor Lazard declared a conflict of interest with Item 4. 14, due to her employment with Dell' Osso Farms. Councilmember Diallo declared a conflict of interest with Item 4. 14, due to an agreement with the River Islands Development.
2. PRESENTATIONS
2. 1 ECONOMIC DEVELOPMENT UPDATE
Economic Development Administer Shelley Burcham provided the presentation covering economic development activity from ] uly 2022 to September 2022.
October 10, 2022 Lathrop City Council Regular Meeting Minutes Page 2 18 3. CITIZEN' S FORUM
Government Services Director and City Clerk Teresa Vargas announced public comment letters received for Citizen' s Forum, submitted by Christina CampoyLaughlin ( Lathrop resident) expressing concern the recently adopted General Plan Update, potential warehouse and distribution centers near Lathrop High School, and provided electronic copies of paper and online signatures gathered to support her expressed concerns. John Thanh Do ( Lathrop resident) expressing concern with potential warehouse and distribution centers near Lathrop High School.
Christina Campoy- Laughlin ( in person speaker) expressed concern with the adopted General Plan Update, requested that the City Council open the matter for discussion at a future City Council Meeting; and expressed concern with a San Joaquin County referral to consider a Commercial Cannabis Business Park proposed near Lathrop city limits. Lawrence Abbott ( zoom speaker) commented on prior environmental and wildlife projects, in which he participated in; requested a plaque for retention ponds within the city. Jack Varrella ( zoom speaker) expressed concern with the adopted General Plan Update. Michelle Maddon ( in person speaker) expressed concern with traffic safety and potential industrial projects near Lathrop High School. Anil Kumar in person speaker) expressed concern with traffic safety in the Central Lathrop development area; expressed the need for additional school options to support the new development areas. Alicia Sandoval ( in person speaker) expressed concern with potential warehouse and distribution centers near Lathrop High School. Arjka ( zoom speaker) expressed the need for additional school options to support the new development areas; and expressed concern with speeding in Stanford Crossing. Bhimsen ( zoom speaker) expressed the need for additional school options to support the new development areas and inability for Stanford Crossing residents to attend River Islands Charter Schools.
Adriana Flores- Lopez ( in person speaker) expressed concern with commercial truck traffic; requested an update or traffic enforcement of commercial vehicles on the residential portion of Lathrop Road; and requested a CHP enforcement operation. Jack Varella ( zoom speaker - 2 d request to speak) expressed concern with navigation apps showing Lathrop Road as a commercial route.
4. CONSENT CALENDAR
On a motion by Vice Mayor Lazard, seconded by Councilmember Diallo, the City Council approved the Consent Calendar, except Item * 4. 14, by the following roll call vote unless otherwise indicated:
Ayes: Akinjo, Diallo, Lazard, Torres- 0' Callaghan and Dhaliwal Noes: None
Absent: None
Abstain: None
October 10, 2022 Lathrop City Council Regular Meeting Minutes Page 3 19 Item 4, 14 was voted on separately from the Consent Calendar.
4. 1 WAIVING OF READING OF ORDINANCES AND RESOLUTIONS
Waived the reading in full of ordinances and resolutions on agenda and adopt by reading of title only, unless otherwise requested by the Mayor or a Councilmember.
4. 2 APPROVAL OF MINUTES
Approved Minutes for the Regular Council Meeting of September 12, 2022.
4. 3 TREASURER' S REPORT FOR JUNE 2022
Pulled by Councilmember Diallo. A question and answer period ensued.
Deputy Finance Director Thomas Hedegard and Finance Director Cari James provided additional information.
Approved Quarterly Treasurer' s Report for June 2022.
4. 4 AWARD JANITORIAL SERVICES CONTRACT TO KARLA' S JANITORIAL
SERVICES AND SUPPLIERS
Pulled by Councilmembers Akinjo. A question and answer period ensued.
Parks, Recreation and Maintenance Services Director Todd Sebastian provided additional information. Councilmember Diallo commented on using social media to promote bids. Michelle Maddon ( in person speaker) commented on the matter and supported using social media to promote bids.
Adopted Resolution 22- 5154 awarding contract with Karla' s Janitorial Services and Suppliers for janitorial services with term ending June 30, 2024, and approve related budget amendment.
4. 5 APPROVE CIP PK 23- 08 AND THE PURCHASE OF NEW PARK AMENITIES
INCLUDING BENCHES, TABLES, AND TRASH RECEPTACLES TO MEET
CITY STANDARDS
Adopted Resolution 22- 5155 approving CIP PK 23- 08 and the purchase of new park amenities including benches, tables, and trash receptacles from Ross Recreation and Outdoor Creations to meet city standards and related budget amendments.
October 10, 2022 Lathrop City Council Regular Meeting Minutes Page 4 20 4. 6 APPROVE PURCHASE OF ITERIS PRODUCTS FOR CITY- WIDE TRAFFIC SYSTEMS AND SAFETY UPGRADES PROJECT, CIP PS 23- 01, AND
APPROVE BUDGET AMENDMENT
Adopted Resolution 22- 5156 approving the purchase of Iteris Products for the citywide traffic systems and safety upgrades project, CIP PS 23- 01, and related budget amendment.
4. 7 APPROVE TASK ORDER NO. 6 WITH WOODARD & CURRAN FOR THE
SURFACE WATER DISCHARGE PROJECT PERMITTING SUPPORT, CIP WW 20- 17
Adopted Resolution 22- 5157 approving Task Order No. 6 with Woodard & Curran for continued permitting support for the Consolidated Treatment Facility Surface Water Discharge Project, CIP WW 20- 17
4. 8 APPROVE TASK ORDER NO. 30 WITH 4LEAF, INC. FOR BUILDING
INSPECTION SERVICES
Pulled by Councilmember Diallo. A question and answer period ensued.
Assistant City Manager Michael King provided additional information.
Adopted Resolution 22- 5158 approving Task Order No. 30 with 4LEAF Inc. to provide building inspection services in the Building Department.
4. 9 APPROVE CONTRACT CHANGE ORDER WITH GEORGE REED, INC. AND
RELATED BUDGET AMENDMENT ASSOCIATED WITH ROAD
MAINTENANCE AND REHABILITATION, CIP PS 22- 45
Pulled by Councilmember Diallo. A question and answer period ensued.
Assistant City Manager Michael King and City Engineer Brad Taylor provided additional information. Michelle Maddon ( in person speaker) expressed concern with traffic safety within the Thomsen Road area.
Brandy Perkins ( in person speaker) expressed concern with traffic safety and funding projects that promote traffic safety.
Adopted Resolution 22- 5159 approving a Contract Change Order with George Reed, Inc. and approving related budget amendment associated with the Road Maintenance and Rehabilitation Project, CIP PS 22- 45.
4. 10 ACCEPT PUBLIC IMPROVEMENTS FROM CFT NV DEVELOPMENTS, LLC ASSOCIATED WITH EP NO. 2020- 15
Pulled by Councilmember Diallo. A question and answer period ensued.
City Engineer Brad Taylor provided additional information.
October 10, 2022 Lathrop City Council Regular Meeting Minutes Page 5 21 Adopted Resolution 22- 5160 accepting public improvements from CFT NV Developments, LLC associated with Encroachment Permit No. 2020-
15. 4. 11 CREATE CIP GG 23- 07 FOR PUBLIC TRANSIT SERVICES, APPROVE MOU
WITH RTD FOR A COMMUNITY NEEDS PUBLIC TRANSIT AND
APPORTIONMENT STUDY, AND APPROVE BUDGET AMENDMENT
Adopted Resolution 22- 5161 creating CIP GG 23- 07 for public transit services, approving a Memorandum of Understanding with San Joaquin Regional Transit District for a Community Needs Public Transit and Apportionment Study, and approving a budget amendment.
4. 12 APPROVAL OF OUT- OF- STATE TRAVEL FOR FIVE LATHROP POLICE
DEPARTMENT SWAT OFFICERS TO PARTICIPATE IN THE CALIFORNIA
ASSOCIATION OF TACTICAL OFFICERS ( CATO) ANNUAL TRAINING CONFERENCE IN NOVEMBER 2022
Adopted Resolution 22- 5162 approving out- of-state travel for five Lathrop Police Department SWAT OfFicers to participate in the California Association of Tactical Officers ( CATO) annual training conference in Reno, Nevada from November 9, 2022 to November 12, 2022.
4. 13 APPROVE AMENDMENTS TO EMPLOYER- EMPLOYEE ORGANIZATION
RELATIONS RESOLUTION AND APPROVE SERVICE EMPLOYEES
INTERNATIONAL UNION LOCAL 1021 SIDE LETTER
Adopted Resolution 22- 5163 approving Amendments to the Employer- Employee Organization Relations and Resolution 22- 5164 approving a Service Employees International Union Local 1021 Side Letter.
RIVER ISLANDS CONSENT ITEM( S)
Vice Mayor Lazard and Councilmember Diallo recused themselves at 8: 38 p. m., following the vote of the consent calendar ( Items 4. 1 to 4. 13), prior to the vote of Item 4. 14, due to declared conflict of interested as noted on Item 1. 8. City Attorney Salvador Navarrete announced that Vice Mayor Lazard was stepping down due to receiving $ 500 or more, due to her employment with Dell' Osso Farms, and Councilmember Diallo was stepping down due to an agreement with the River Islands Development, and the Fair Political Practices Commission ( FPPC) determination/ legal opinion on the matter was pending.
On a motion by Mayor Dhaliwal, seconded by Councilmember TorresO' Callaghan, the City Council approved the Item 4. 14, by the following roll call vote unless otherwise indicated:
October 10, 2022 Lathrop City Council Regular Meeting Minutes Page 6 22 Ayes: Akinjo, Torres- O' Callaghan and Dhaliwai
Noes: None
Absent: None
Abstain: Diallo and Lazard
4. 14 APPROVE THE RIVER ISLANDS PHASE 2 WEST VILLAGE PRECISE PLANS
FOR RIVER ISLANDS PARKWAY AND CAMBAY PARKWAY AND A
COMMON USE AGREEMENT WITH RD 2062
Puiled by Councilmember Akinjo. A questions and answer period ensued.
City Engineer Brad Taylor provided additional information.
Adopted Resolution 22- 5165 approving the River Islands Phase 2 West Village Precise Plans for River Islands Parkway and Cambay Parkway and a Common Use Agreement with Reclamation District 2062.
5. SCHEDULED ITEMS
Vice Mayor Lazard and Councilmember Diallo returned to the dais at 8: 41 p, m. Note:
See Informational Item 1. 7- for information related to Notice of Cancellation ofPublic Hearing for Item to consider an ordinance amending the speed limits in the City of Lathrop.
5. 1 PUBLIC HEARING ( PUBLISHED NOTICE) TO CONSIDER THE 2023
SJMSCP DEVELOPMENT FEE ANNUAL ADJUSTMENT
Community Development Director Mark Meissner and Assistant Community Development Director Rick Caguiat provided the presentation. Mayor Dhaliwal opened the public hearing. There were no speakers. Mayor Dhaliwal closed the public hearing. A question and answer period followed. City Manager Stephen Salvatore and SJCOG Representative Steve Mayo provided additional information. Mayor Dhaliwal re- opened the public hearing. Lawrence Abbott commented on the matter and his prior experience with environmental projects. There were no other speakers. Mayor Dhaliwal closed the public hearing.
On a motion by Vice Mayor Lazard, seconded by Councilmember TorresO' Callaghan, the City Council considered the following:
1. Held a public hearing; and
2. Adopted Resolution 22- 5166 approving an annual adjustment to the San Joaquin County Multi- Species Habitat Conservation and Open Space Plan ( SJMSCP) Development Fee for 2023.
Ayes: Akinjo, Diallo, Lazard, Torres- O' Callaghan and Dhaliwal Noes: None
Absent: None
Abstain: None
October 10, 2022 Lathrop City Council Regular Meeting Minutes Page 7 23 5. 2 PUBLIC HEARING ( PUBLISHED NOTICE) TO CONSIDER VESTING TENTATIVE SUBDIVISION MAP VTM- 22- 100 FOR THE QUEIROLO ROAD
SUBDIVISION PROJECT
Community Development Director Mark Meissner and Assistant Community Development Director Rick Caguiat provided the presentation. A question and answer period ensued throughout the presentation. Applicant Adam Foster, Entitlement Manager for DR Horton, provided additional project information. Mayor Dhaliwal called upon Fire Chief Bramell to comment on the proposed setbacks for the project for public safety access. Chief Bramell states the proposed setbacks were acceptable. The question and answer period continued.
Prior to public hearing, Michelle Maddon ( in person speaker), commented on the need to construct future schools to support new housing development.
Mayor Dhaliwal opened the public hearing. Government Services Director and City Clerk Teresa Vargas announced public comment letter, submitted by Sally Thonrber ( Lathrop landowner). Ms. Thonrber spoke during the public hearing regarding her development project within the proposed project. Lawrence Abbott ( zoom speaker) commented on the matter; expressed concern with limited school capacity and environmental/ climate change matters. Adriana Flores- Lopez ( in person speaker) commented on CEQA requirements, and water and wastewater delivery to the project. There were no other speakers. Mayor Dhaliwaf closed the public hearing.
On a motion by Councilmember Akinjo, seconded by Mayor Dhaliwal, the City Council considered the following:
1. Held a public hearing; and
2. Adopted Resolution 22- 5167 approving Vesting Tentative Subdivision Map ( VTM- 22- 100) for the proposed Queirolo Road Subdivision Project to create 85 single- family residential lots.
Ayes: Akinjo, Diallo, Lazard, Torres- O' Callaghan and Dhaliwal Noes: None
Absent: None
Abstain: None
5. 3 CREATION OF CAPITAL IMPROVEMENT PROJECT ( CIP) GG 23- 06
TEMPORARY ANIMAL SHELTER, RATIFICATION OF EMERGENCY
PURCHASE OF TWO 6- KENNEL ANIMAL SHELTERS, AND APPROVAL OF EMERGENCY PURCHASE OF 18- KENNEL ANIMAL SHELTER AND RELATED
BUDGET AMENDMENT
October 10, 2022 Lathrop City Council Regular Meeting Minutes Page 8 24 Police Commander Stephen Sealy provided the presentation. A question and answer period followed. City Manager Stephen Salvatore provided additional information.
Michelle Maddon ( in person speaker), expressed concern with the funding requested for the project; and expressed concern with the location of the temporary animal shelter. Lawrence Abbott ( zoom speaker), commented the matter; expressed interest in the beautification of retention ponds. The question and answer period continued.
On a motion by Vice Mayor Lazard, seconded by Councilmember TorresO' Callaghan, the City Council adopted Resolution 22- 5168 creating Capital Improvement Project ( CIP) GG 23- 06 Temporary Animal Shelter, ratifying emergency purchase of two 6- kennel animal shelters, and approving emergency purchase of 18- kennel animal shelter from Horizon Structures and approving related budget amendment.
Ayes: Akinjo, Diallo, Lazard, Torres- O' Callaghan and Dhaliwal Noes: None
Absent: None
Abstain: None
5. 4 FISCAL YEAR ( FY) 2021- 22 YEAR- END BUDGET REPORT AND RELATED AMENDMENTS AND AMENDMENTS TO THE FISCAL YEAR 2022- 23
BUDGET
Deputy Finance Director Thomas Hedegard provided the presentation.
A question and answer period ensued throughout the presentation. City Manager Stephen Salvatore and Finance Director Cari James provided additional information.
On a motion by Councilmember Akinjo, seconded by Vice Mayor Lazard, the City Council adopted Resolution 22- 5169 approving the FY 2021- 22 Year- End Report and related Budget Amendments, and amending the FY 2022- 23 Budget.
Ayes: Akinjo, Diallo, Lazard, Torres- O' Callaghan and Dhaliwal Noes: None
Absent: None
Abstain: None
5. 5 REVIEW AND CONSIDER TRAFFIC CALMING OPTIONS FOR JOHNSON
FERRY ROAD AND THE INTERSECTION OF THOMSEN ROAD / WARFIELD ROAD
October 10, 2022 Lathrop City Council Regular Meeting Minutes Page 9 25 City Engineer Brad Taylor provided the presentation. A question and answer period ensued throughout the presentation. City Manager Stephen Salvatore provided additional information. Michelle Maddon ( in person speaker) expressed concern with trafFic safety on Thomsen Road and Warfield Road. Fire Chief Bramell commented on trafFic calming devices, such as speed humps/ bumps as it relates to emergency response. The City Council considered the proposed options, and provide staff direction for traffic calming improvements, including installing speed bumps for Johnson Ferry Road and at the intersection of Thomsen Road / Warfield Road.
6. COUNCIL COMMUNICATIONS
6. 1 MAYOR DHALIWAL REFERRAL - Appointment of One ( 1) Member to the Youth Advisory Commission, with Term Ending, May 31, 2023 One ( 1) Application Received / Nine ( 9) Commission Member Vacancies Available
Mayor Dhaliwal made the following appointment:
Youth Advisory Commission Term Ex ires
Bradley Hurlburt May 31, 2023
On a motion by Mayor Dhaliwal, seconded by Councilmember TorresO' Callaghan, the City Council approved the appointment made by Mayor Dhaliwal as noted above.
Ayes: Akinjo, Diallo, Lazard, Torres- O' Callaghan, and Dhaliwal Noes: None
Absent: None
Abstain: None
6. 2 MAYOR & COUNCILMEMBER COMMITTEE REPORT( S) - None
6. 3 MAYOR & COUNCILMEMBER COMMENT( S)
Councilmembers wished students an enjoyable fall break; expressed condolences to the Singh Family; congratulated the Police Department on winning first place on a recent regional police department athletic competition; and wished everyone a goodnight.
7. AD70URNMENT - There being no further business, Mayor Dhaliwal adjourned the meeting at 11: 35 p. m.
C liY Z--
resa Vargas, MMC
Government Services irector / City Clerk
October 10, 2022 Lathrop City Council Regular Meeting Minutes Page 10 26 1
ITEM 4. 3
City of LQuarterly Treasurer Report
September 2022
This report presents a detailed discussion of the City' s fund balances and investment portfolio as of September 30, 2022. It includes all investments managed by the City on its own behalf as well as the City' s Trustees. The report provides information on cash flows, broken down by both investment manager ( City or Trustee) and by percentage allocation within the portfolio.
As of September 30, 2022, the investment portfolio was in compliance with all state laws and the City' s Investment Policy.
Current Portfolio Summary
As directed by the Investment Policy adopted by City Council, City staff strives to attain three primary goals with the City' s investments as follows( in order of priority):
1. Safety— Preservation of the principal of invested funds
2. Liquidity— Ability to liquidate one or more of the City' s investments if unexpected expenditures arise
3. Return— Attainment of a market rate of return
The majority of the portfolio is invested in the Local Agency Investment Fund ( LAIF), which is administered by the California State Treasurer' s office. LAIF provides the City with an investment vehicle with yields that are slightly greater than U. S. Treasuries (T- bills) with a 2- year maturity or less. LAIF is a high quality investment in terms of safety, liquidity, and yield. Additionally, LAIF is an " On Demand" account; meaning funds may be withdrawn upon with 1 day notice, representing maximum liquidity.
In addition to LAIF, the City holds investments in Money Market Mutual Funds, Nonnegotiable Certificates of Deposit, and State and Local Government Securities ( SLGS). These investments are prudent investment choices and are included in the City' s Investment Policy as allowable investments.
Each investment mentioned above has a specific maturity date. However, much of the portfolio is On Demand.
The short weighted average maturity provides the City with a great deal of liquidity during this period of heightened economic uncertainty and period of low investment yields. This liquidity places the City in a position to invest in longer term maturity investments once interest rates begin to move up toward their historical norms; overall macroeconomic indicators signal solid and consistent growth in future years.
The following table (Table: 1) provides a summary of the City' s cash and investments, by holding party, based on recorded value as of September 30, 2022 compared with the prior quarter:
27 Table: l
June 30, 2022 ' September 30, 2022
Holding Party d Amounts( i) ; '
of
Fund Amounts i)
i6 of
Portfolio Portfolio
Investments/ Cash held by the City 196, 532, 203 72% i $ 188, 763, 518 71% t—
Investments held by Trustees r 77, 431, 294 j 28% 75, 698, 730 _ 29% TOTAL 273, 963, 498 100% 264, 462, 248___ 100% _
1) i5mall variances are due to the summation and rounding of multiple figures to the nearest whole dollar Please see the following pages ( Tables: 2 through 5) for a more detailed analysis of transactional additions and reductions due to cash flow needs, debt service payments, and maturities/ rollovers of certain investments.
Revenues arrived during the quarter, per City staff expectations, are as follows: utility payments, property tax, franchise fees, sales tax( including Measure C), developer billing fees, grant reimbursements, building permit fees, plan check fees, and Transient Occupancy Tax ( TOT).
Significant payables paid out during the quarter include:
I. Nonrecurring Expenditure Capital Improvement Projects — General Government, Parks, Streets, Water, and Wastewater
II. Recurring Expenditures
a. Contractual— Park& Street Landscaping, and Water Treatment Services b. Intergovernmental payments — South San Joaquin Irrigation District ( Surface Water Contract), Lathrop Manteca Fire District, City of Manteca (Wastewater Contract) Quarterly Economic Update
According to the latest projections from PFM Asset Management; In Q3, U. S. economic conditions were characterized by: ( 1) persistently high inflation despite recent energy price declines; ( 2) aggressive interest rate hikes by the Fed; ( 3) rising Treasury yields and two- decade- high mortgage rates; ( 4) further weakening of credit and equity markets; and ( 5) increasing recession probability. Interest rates surged and equity markets fell in reaction to the Fed' s aggressive rate hikes designed to combat inflation. Over the first three quarters of 2022, the S& P 500 cemented its third worst performance of all time, the U. S. Dollar Index ( DXY) had its second strongest year on record, and the 10- year U. S. Treasury experienced its largest net yield gain in 35 years. With mortgage rates nearing 7%, home sales have cooled significantly and home prices have begun to soften. The third quarter saw two more aggressive Fed interest rate hikes of 0. 75% each — one in July and the other in September. The federal funds rate now stands at a target range of 3. 00%- 3. 25%, the highest level since 2008. Locally, the San Joaquin Valley area experienced a decrease in unemployment rates (San Joaquin County: 4. 9%; City of Lathrop:
5. 2%).
I certify that all of the investments reported herein are in accordance with the" City of Lathrop Investment Policy" adopted on October 11, 2021, with the Government Code, and other contractual agreements. I further certify the investments reported herein provide for the ability of the City to meet cash flow needs for the next six months.
FoQ G J
Ste Salvatore Cari James
ity Manager Director of Finance
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ITEM 4. 4
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING
ITEM: COMMUNITY FACILITIES DISTRICTS ANNUAL BOND
ACCOUNTABILITY REPORT FOR FY 2021/ 22
RECOMMENDATION: Receive Report for Bonded and Non Bonded Community Facilities Districts
SUMMARY:
As mandated by California Government Code sections 53411 and 50075. 3, City Staff is submitting the Annual Bond Accountability Report for the City' s Community Facilities Districts (" CFDs") for FY ended June 30, 2022.
BACKGROUND:
Senate Bill 165 enacted the Local Agency Special Tax Bond Accountability (" Act").
This Act requires the annual preparation of a report containing specific information concerning the use of the proceeds or annual special taxes for CFDs. The Act only applies to bonds issued on or after January 1, 2001 in accordance with Section 53410 of the California Government Code. There are seven CFDs included in the FY 2021/ 22 annual report, three bonded CFDs and four non- bonded services CFDs shown on separate pages ( see Attachment A" for a detailed listing).
Section' s 53411 and 50075. 3 of the California Government Code require the Chief Fiscal Officer of the issuing local agency to file the annual report with its governing body no later than ) anuary 1 every year.
REASON FOR RECOMMENDATION:
The report will ensure compliance with Sections 53410, 53411 and 50075. 3 of the California Government Code.
FISCAL IMPACT:
Staff time to prepare report.
ATTACH M ENTS:
A. Annual CFD Report for FY Ending June 30, 2022.
37 CITY MANAGER' S REPORT PAGE 2
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING
COMMUNITY FACILITIES DISTRICTS ANNUAL BOND ACCOUNTABILITY REPORT FOR FY 2020/ 21
APPROVALS:
I'
o
7--'
Cari Jam s Date
Finance ir ctor
lB 1 - 2o Z.ti
Salvador Navarrete Date
City Attorney
l•'- 27
Ste n Salvatore Date
City Manager
38 ATTACHMENT " A"
LOCAL AGENCY SPECIAL TAX AND BOND ACCOUNTABILITY ACT
Senate Bill 165, filed with the Secretary of State on September 19, 2000, enacted the Local Agency Special Tax and Bond Accountability Act( the" Act"). This Act requires that any local special tax or local bond measure subject to voter approval contain a statement indicating the specific purposes of the special tax, require that the proceeds of the special tax be applied to those purposes, require the creation of an account into which the proceeds shall be deposited, and require an annual report containing specified information concerning the use of the proceeds. The Act only applies to any local special tax measure or local bond measure adopted on or after January 1, 2001 in accordance with Section 50075. 1 or Section 53410 of the California Government Code.
Some of the requirements of the Act are handled at the formation of the Special Tax District and others are handled through annual reports. This Section of this report intends to comply with Sections 50075. 3 and 53411 of the California Government Code that states:
The chief fiscal officer of the issuing local agency shall file a report with its governing body no later than January 1, 2002, and at least once a year thereafter. The annual report shall contain all of the following:
1. The amount of funds collected and expended.
2. The status of any project required or authorized to be funded as identified in subdivision ( a) of Sections 50075. 1 [ and] 53410."
The requirements of the Act apply to the funds for the following districts. 7, 285,000 City of Lathrop Community Facilities District No. 2003- 1 Mossdale Village) Special Tax Refunding Bonds, 2013 Series A
PURPOSE OF SPECIAL TAX
Bonds were issued to pay for the Mossdale Landing Urban Design Concept Project' s and the Lathrop Station Urban Design Concept Parcel' s share of the water delivery system established under the South County Surface Water Project, including water transmission and delivery facilities, as well as potable water facilities from City Well No. 22. The improvements are complete. 7, 535, 000 City of Lathrop Community Facilities District No. 2003- 2 Joint Wastewater Project) Special Tax Bonds, Series 2003
PURPOSE OF SPECIAL TAX
Bonds were issued to pay for acquisition of capacity in the wastewater treatment facilities and sanitary sewer facilities The improvements are complete.
39 Community Facilities District No. 04-01 ( Mossdale Services)
PURPOSE OF SPECIAL TAX
The Special Tax pays for certain services including parks, parkways, open spaces, flood and storm protection, as well as police protection.
Community Facilities District No. 2005- 1 ( Historic Lathrop Services)
PURPOSE OF SPECIAL TAX
The Special Tax pays for fire protection and suppression services, maintenance of parks, parkways and open space, flood and storm protection services, and police protection services.
Community Facilities District No. 2013- 1 ( River Islands Public Services and Facilities)
PURPOSE OF SPECIAL TAX
The Special Tax pays for public services and maintenance of public infrastructure within the River Islands area as well as local facilities including roadways, bridges, water and sewer infrastructure, public landscaping, and related improvements.
Community Facilities District No. 2018- 1
Central Lathrop Specific Plan Facilities), 2019 Special Tax Bonds Improvement Area No. 1 Bonds: $ 12,630,000
Improvement Area No. 2 Bonds: $ 7, 945,000
Improvement Area No. 3 Bonds: $ 15, 625, 000
Improvement Area No. 4 Bonds: $ 5, 565, 000
Improvement Area No. 5 Bonds: $ 3, 970, 000
PURPOSE OF SPECIAL TAX
Bonds were issued to refinance the costs of public infrastructure, and to facilitate the prepayment, waiver and termination of all of the Special Tax on parcels within the City' s Community Facilities District No. 2006- 1.
Community Facilities District No. 2018- 2 ( Central Lathrop Specific Plan Facilities)
PURPOSE OF SPECIAL TAX
Bonds were issued to refinance costs of public infrastructure, to facilitate the prepayment, waiver, and termination of all of the special tax on parcels within the previously formed Community Facilities District No. 2006- 1.
40 Community Facilities District No. 2019- 1 ( South Lathrop City Services)
PURPOSE OF SPECIAL TAX
The Special Tax pays for services including the ongoing maintenance and operation of public roads, medians, streetlights, traffic signals, traffic signs, frontage improvements, landscaping, drainage facilities, and standby charges related to the ongoing maintenance and operation of the local public improvements.
Community Facilities District No. 2019-2 ( Central Lathrop City Services)
PURPOSE OF SPECIAL TAX
The Special Tax pays for services including parks, parkways, and open space; flood and storm protection; police protection; and fire protection.
CFD No. 2021- 1 ( Gateway Business Park City Services)
PURPOSE OF SPECIAL TAX
The Special Tax pays for services including maintenance for roads, landscaping, irrigation, and lighting of streets, signals, curbs, gutters, parks, parkways, and open space, flood and storm water drainage, detention, retention and protection services, maintenance ( including capital replacement and reserves for capital replacement) and operation of any real property or other tangible property with an estimated useful life of five or more years that is owned by the City or by another local agency. 41 CITY OF LATHROP
BONDED COMMUNITY FACILITIES DISTRICTS REPORT
FOR FY ENDED 6/ 30/ 2022
Initia) Amount Deposited to
Improvement Fund or 6/ 30/ 2022 Expended Project
District Project Costs Balance Amount Status
CFD 2003- 1
Mossdale Village- Water) 6, 716, 563. 00 0. 00 $ 6, 716, 563. 00 Complete CFD 2003- 2
Joint Wastewater) 6, 096, 532. 33 0. 00 $ 6, 096, 532. 33 Complete CFD 2018- 1 ( Central Lathrop
Specific Plan Facilities) 0. 00 0. 00 0. 00 Complete
CFD 2018- 2 ( Central Lathrop
Specific Plan Facilities) 0. 00 0. 00 0. 00 Complete
42 CITY OF LATHROP
NON- BONDED COMMUNITY FACILITIES DISTRICTS REPORT
FOR FY ENDED 6/ 30/ 2022
Special Taxes Expended
7/ 1/ 2021 collected during Amount and 6/ 30/ 2022 Project District Balance( 1) FY 2021/ 22( 2) Encumbrances Balance Status( 3) CFD 04- 1
Mossdale Services) 339, 882. 99 2, 503, 888. 84 $ 2, 122, 242. 52 $ 721, 529. 31 Ongoing CFD 2005- 1
Historic Lathrop Services) 28, 230. 82 48, 735. 94 62, 925. 87 14, 040. 89 Ongoing CFD No. 2013- 1
River Islands) 118, 071. 28 1, 382, 224. 47 $ 1, 380, 006. 92 $ 120, 288. 83 Ongoing CFD No. 2019- 1
South Lathrop) 525, 710. 05 545, 530. 57 259, 785. 94 $ 811, 454. 68 Ongoing CFD No. 2019- 2
Central Lathrop Specific) 208, 021. 77 975, 246. 60 600, 929. 32 $ 166, 295. 51 Ongoing CFD No. 2021- 1
Gateway Business Park City
Services) 0. 00 83, 544. 58 11, 886. 13 71, 658. 45 Ongoing Note( 1)
Beginning balances include previous year encumbrances carried forward for payment in the subsequent fiscal year.
Note( 2)
For CFD 04- 1 this amount represents the annual special taxes remitted by the San Joaquin County Auditor- Controller, building permit collections, interest earnings, and a transfer for capital equipment replacement.
For all other districts this amount represents the annual special tax amounts remitted by the San Joaquin County AuditorController and interest earnings.
Note( 3)
All CFDs listed above are intended to provide funding for ongoing, perpetual operations and maintenance services. 43 44
CITY MANAGER' S REPORT
ITEM 4. 5
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING
ITEM: ANNUAL REVIEW AND ADOPTION OF THE CITY' S
INVESTMENT POLICY
RECOMMENDATION: Adopt a Resolution Approving the Annual Investment Policy for Fiscal Year 2022/ 23
SUMMARY:
PFM Asset Management, LLC ( PFM), the City' s investment portfolio manager, has conducted its annual review of the City' s Investment Policy to ensure compliance with investment regulatory agencies and the California Government Code. PFM has found that the City' s Investment Policy for Fiscal Year 2022/ 23 is comprehensive and consistent with the City' s objectives and risk tolerances. PFM recommends making a few changes to the policy to incorporate recent updates to the California Government Code. The proposed FY 2022/ 23 Investment Policy is attached Attachment B).
Staff recommends the approval of the Investment Policy as presented by PFM to be in compliance with current investment regulations adopted by the California Government Code.
BACKGROUND:
PFM manages over $ 118 billion for public entities nationwide and has a strong history of providing professionals dedicated to actively managing and supporting the administration of fixed- income operating funds, capital funds and reserves, and bond proceeds.
PFM has actively managed the City' s investment portfolio since the initial Council approved contract in 2015. PFM is nationally recognized as one of the leading investment advisory organizations, specializing in providing services to the public sector. Some of the services PFM provides are:
Review of the City' s Investment Policy
Cash flow analysis to determine current and future liquidity needs Develop and implement investment strategy
The investment policy serves as the foundation of the City' s investment goals and priorities. An annual review assures that it continues to meet the City' s goals and priorities for its portfolio. It contributes to the protection of the assets of the City.
The approved investment policy demonstrates that the City Council is fiducially responsible, thereby; promoting trust and confidence from the public that it serves.
PFM has performed its annual review of the City' s Investment Policy along with current state laws governing investment activities of local governments, and has recommended minor edits to bring the investment policy current with the California 45 CITY MANAGER' S REPORT Page 2
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING
ANNUAL REVIEW AND ADOPTION OF THE INVESTMENT POLICY FOR FY 2022/ 23
Government Code. PFM recommends updating Section 8: Authorized and Suitable Investments of the Investment Policy to align its language with the one used by the California Government Code due to the approval of Senate Bill 1489 which goes into effect on January 1, 2023. Senate Bill 1489, also known as the Local Government Omnibus Act of 2022, made a number of changes to Code, including several that impact the investment of public funds and the reporting practices of public agencies. Changes made to Code section 53601, the section of Code that governs the investment of public funds, include language stating that an investment' s term or remaining maturity shall be measured from the settlement date to final maturity, and, that a security purchased in accordance with Code section 53601 shall not have a forward settlement date exceeding 45 days from the time of investment.
Previously, the California Government Code was silent on both items.
PFM has found that the City' s Investment Policy for Fiscal Year 2022/ 23 is comprehensive and consistent with the City' s objectives and risk tolerances. The proposed FY 2022/ 23 Investment Policy is attached ( Attachment B).
REASON FOR RECOMMENDATION:
The City' s investment policy provides the Finance Department with direction as to the investment objectives of the governing body ( in order of priority):
1. Safety - Preservation of the principal of invested funds
2. Liquidity - Ability to liquidate one or more of the City' s investments if unexpected expenditures arise
3. Return - Attainment of a market rate of return
It also establishes standards approved by Council; concerning the prudent care of City invested funds, the ethics of the investment officer, and internal controls/ reporting procedures.
In addition, the Government Finance Officers Association' s ( GFOA) Committee on Cash Management advocates the adoption of a municipal resolution that consists of; a legal list of allowable securities, a prudent investor clause and the mandatory enactment of written investment policies. An adopted investment policy, prudently followed by the investment officer, is favorably viewed by municipal credit rating agencies. The submitted resolution meets GFOA standards.
FISCAL IMPACT:
Review of the City' s Investment Policy is a service provided within the scope of PFM' s annual contract.
46 CITY MANAGER' S REPORT Page 3
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING
ANNUAL REVIEW AND ADOPTION OF THE INVESTMENT POLICY FOR FY 2022/ 23
ATTACH M ENTS:
A. Resolution Approving the Annual Investment Policy for Fiscal Year 2022/ 23 B. Investment Policy for Fiscal Year 2022/ 23
C. Memorandum Confirming Review of the Investment Policy from PFM Asset Management, LLC.
47 CITY MANAGER' S REPORT Page 4
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING
ANNUAL REVIEW AND ADOPTION OF THE INVESTMENT POLICY FOR FY 2022/ 23
APPROVALS:
I 1 ZS 2Z
Thomas Hedegard Date
Deputy Finance Director
Ca ri a Date
Directo f Finance
l z S`' " ZD Z. 2
Salvador Navarrete Date
City Attorney
D • 27•ZZ
Ste n J. Salvatore Date
City Manager
48 RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP
APPROVING THE ANNUAL INVESTMENT POLICY FOR FISCAL YEAR
2022/ 23
WHEREAS, Government Code § 53646( a) ( 1) of the State of California was amended to offer the suggestion, rather than the requirement, that local agencies file an annual investment policy; and WHEREAS, the California Debt and Investment Advisory Commission highly recommends local agencies' legislative bodies adopt an annual investment policy to increase the policy' s authority and legitimacy; and WHEREAS, Staff recommends and the City Council desires to adopt the Fiscal Year 2022/ 23 Investment Policy; and
WHEREAS, the City' s Investment Policy provides the Finance Department with direction as to the investment objectives of the governing body ( in order of priority):
1. Safety - Preservation of the principal of invested funds
2. Liquidity - Ability to liquidate one or more of the City' s investments if unexpected expenditures arise
3. Return - Attainment of a market rate of return; and
WHEREAS, the Investment Policy for the City of Lathrop for Fiscal Year 2022/ 23 is attached to the City Manager's Report as ' Attachment B"; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lathrop, does hereby approve the Investment Policy for the City of Lathrop for Fiscal Year 2022/ 23.
Resolution No. 22- Page 1 of 2
49 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:
ABSTAIN:
ABSENT:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney Resolution No. 22- Page 2 of 2
50 rrr c I IEN' r ,
0 3
00 City of Lathrop
Investment Policy
51 City of Lathrop
Investment Policy
Table of Contents
1. 0 Policy 1
2.0 Scope 1
3. 0 Prudence 1
4. 0 Objectives 2
5. 0 Delegation of Authority 2
6. 0 Ethics and Conflict of Interest 2
7. 0 Authorized Broker/ Dealers 3
8. 0 Authorized and Suitable Investments 3
9. 0 Competitive Transactions 6
10. 0 Selection of Depositories 6
11. 0 Safekeeping and Custody 7
12. 0 Diversification 7
13. 0 Maximum Maturities 7
14. 0 Performance Standards 7
15. 0 Reporting g
16. 0 Investment Policy Adoption 8
Glossaries 9
52 1. 0 POLICY
The City Council of the City of Lathrop, California( the City) has adopted this Investment Policy in order to establish the investment scope, objectives, delegation of authority, standards of prudence, reporting requirements, internal controls, eligible investments and transactions, diversification requirements, risk tolerance, and safekeeping and custodial procedures for the investment of the funds of the City. All City funds will be invested in accordance with this Investment Policy and with applicable sections of the California Government Code.
This Investment Policy was endorsed and adopted by the City Council of the City of Lathrop on E1e ebe , z-- Novemhcr_ l4, 2022. It replaces any previous investment policy or investment procedures of the City.
2.0 SCOPE
This Investment Policy shall apply to all investment activities and financial assets of the City, as accounted for in the City' s Comprehensive Annual Financial Report and which include the following:
General Fund
Special Revenue Funds
Debt Service Funds
Capital Project Funds
Enterprise Funds
Trust and Agency Funds
The provisions of this Investment Policy do not apply to those cash assets governed by bond indentures, bond resolutions, employee' s retirement and deferred compensation funds, as those are administered separately.
3. 0 PRUDENCE
The standard of prudence to be used for managing the City' s investments shall be California Government Code Section 53600. 3, the prudent investor standard, which states that " when investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the agency, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the agency."
The City' s overall investment program shall be designed and managed with a degree of professionalism that is worthy of the public trust. The City recognizes that no investment is totally without risk and that the investment activities of the City are a matter of public record.
Accordingly, the City recognizes that occasional measured losses may occur in a diversified portfolio and shall be considered within the context of the overall portfolio' s return, provided that adequate diversification has been implemented and that the sale of a security is in the best longterm interest of the City.
Individuals having investment responsibilities who act in accordance with written procedures and this Investment Policy and who exercise due diligence in performing their duties shall be relieved 1 -
53 of personal responsibility for an individual security' s credit risk or market price changes, provided that deviations from expectations are reported in a timely fashion and appropriate action is taken to control adverse developments.
4. 0 OBJECTIVES
The City' s funds shall be invested in accordance with all applicable City municipal codes and applicable resolutions, California statutes, and Federal regulations, and in a manner designed to accomplish the following objectives, which are listed in priority order:
1. Preservation of capital and protection of investment principal.
2. Maintenance of sufficient liquidity to meet anticipated cash flows.
3. Attainment of a market value rate of return.
4. Diversification to avoid incurring unreasonable market risks.
5. 0 DELEGATION OF AUTHORITY
Authority to manage the City' s investment program is derived from the City of Lathrop Municipal Code, Title 2, Chapter 2.08, Section 2. 08. O10.F.2. and from California Government Code Section 53607. In exercise of that authority, the City Council has delegated responsibility for the investment program to the Treasurer. The City Manager, who serves as Treasurer, shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinate officials. The City Manager may delegate investment decision making and execution authority to the City' s Director of Finance and to other specifically authorized officers and employees. The Director of Finance shall maintain a list of persons authorized to transact securities business for the City.
No person may engage in an investment transaction except as expressly provided under the terms of this Investment Policy.
The Director of Finance shall develop written administrative procedures and internal controls, consistent with this Investment Policy, for the operation of the City' s investment program. Such procedures shall be designed to prevent losses of public funds arising from fraud, employee error, misrepresentation by third parties, or imprudent actions by employees of the City.
The Director of Finance shall establish a process for annual independent review of the City' s investment program by an external auditor. This review will provide internal control by assuring compliance with policies and procedures.
The City may engage the support services of outside investment advisors in regard to its investment program, so long as it can be clearly demonstrated that these services produce a net financial advantage or necessary financial protection of the City' s financial resources.
6.0 ETHICS AND CONFLICTS OF INTEREST
Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with the proper execution and management of the City' s investment program, or that could impair their ability to make impartial decisions. Investment officials shall disclose any material interest in financial institutions that conduct business with the City. They shall further disclose any personal financiaUinvestment positions that could be related to the performance of the City' s investment portfolio. Employees and officers handling investment transactions shall refrain from undertaking personal investment transactions with the same individual with whom business is conducted on behalf of the City.
2-
54 7. 0 AUTHORIZED BROKER/ DEALERS
The Director of Finance shall maintain a list of authorized broker/dealers approved for investment purposes, and it shall be the policy of the City to purchase securities only from those brokers and the firms they represent. Each approved broker/ dealer must possess an authorizing certificate from the California Commissioner of Corporations as required by Section 25210 of the California Corporations Code.
The firms they represent must:
1. be recognized as a Primary Dealer by the Federal Reserve Bank of New York or have a primary dealer within their holding company structure, or
2. report voluntarily to the Federal Reserve Bank of New York, or
3. qualify under Securities and Exchange Commission ( SEC) Rule 15c3- 1 ( Uniform Net Capital Rule).
Broker/ dealers will be selected by the Director of Finance on the basis of their expertise in public cash management and their ability to provide services for the City's account.
Annually, each authorized broker/ dealer shall submit a City approved Broker/ Dealer Information Request form and the firm' s most recent financial statements. The Director of Finance shall maintain a list of approved broker/ dealers, along with each firm's most recent Broker/ Dealer Information Request form.
The City may purchase commercial paper from direct issuers even though they are not on the approved broker/dealer list as long as they meet the criteria outlined in Item 8. 6 of the Authorized and Suitable Investments section of this Investment Policy.
Broker/dealers or municipal securities dealers, that have made political contributions to any member of the City Council or to any candidate for that office, in amounts exceeding the limits set forth in Rule G- 37 of the Municipal Securities Rulemaking Board, are prohibited from serving as a City approved broker/dealer for a period of two years following such contributions.
If the City engages the support services of an outside investment advisor, the adviser is authorized to transact with its broker/ dealer relationships on behalf of the City.
8. 0 AUTHORIZED AND SUITABLE INVESTMENTS
All investments and deposits of the City shall be made in accordance with California Government Code Sections 16429. 1, 53600- 53609 and 53630- 53686, except that reserve funds from the proceeds of debt issues may be invested in permitted investments specified in the indenture of the debt issue.
For purposes of compliance with this section an investment' s term or remainin maturity shall be measured from the settlement date to final maturity A security purchased in accordance with this section shall not have a forward settlement date exceeding 45 days from the time of investment The City has further restricted authorized investments to the following:
8. 1 Government Obligations
3 -
55 As authorized in Government Code Sections 53601( a) through ( e), this category includes a wide variety of government securities. There are no portfolio limitations on the amount; however, the maturity term ofthese investment vehicles may not exceed five years from the date oftrade settlement unless approved by the City Council. T'hese securities include the following:
8. l. a. United States Treasury bills, notes, bonds, or certificates of indebtedness, or those for which the faith and credit of the United States are pledged for the payment of principal and interest with a final maturity not exceeding five years from the date of trade settlement.
8. 1. b. Federal Agency mortgage backed securities and debentures with a final maturity not exceeding five years from the date oftrade settlement.
8. 1. c. Federal agency or United States government- sponsared enterprise obligations, participations, or other instruments, including those issued by or fully guaranteed as to principal and interest by federal agencies or United States government- sponsored enterprises with a final maturity not exceeding five years from the date of trade settlement.
8.2 State and Local Agency Obligations
8. 2.a. Obligations of the State of California and any local agency within California, including bonds payable solely out of the revenues from a revenue- producing property owned, controlled, or operated by the local agency, or by a department, board, agency, or authority of the local agency or of the state with a final maturity not exceeding ve years from the date of trade settlement, and rated in a rating category of " A" or the equivalent or better by a Nationally Recognized Statistical Rating Organization( NRSRO) at the time of purchase. The aggregate investment in state and local agency obligations shall not exceed 30% of the City' s total portfolio.
82.b. Registered treasury notes or bonds of any of the other 49 states in addition to California, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by a state or by a department, board, agency, or authority of any of the other 49 states, in addition to California with a final maturity not exceeding five years from the date of trade settlement, and rated in a
rating category of " A" or the equivalent or better by a Nationally Recognized Statistical Rating Organization ( NRSRO) at the time of purchase. The aggregate investment in state and local agency obligations shall not exceed 30% of the City' s total portfolio.
8.3 Medium- Term Notes
Medium-Term Notes issued by corporations organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the United States, with a final maturity not exceeding five years from the date of trade settlement, and rated in a rating category of" A" or the equivalent or better by a NRSRO at the time of purchase. No more than 10°Io of the City' s total portfolio shall be invested in medium- term notes and the commercial paper of any one issuer, and the aggregate investment in medium-term notes shall not exceed 30°Io of the City' s total portfolio. In addition, AAA rated FDIC-guaranteed corporate bonds are herein authorized, within the afarementioned diversification and maturity requirements.
8. 4 Negotiable Certificates of Deposit
Negotiable Certificates of Deposit with a maturity not exceeding five years from the date of trade settlement, issued by a nationally or state- chartered bank, a savings association or a federal association ( as defined by Section 5102 of the Financial Code), a state or federal credit union, or 4-
56 by a
federally licensed or state- licensed branch of a foreign bank. Certificates of Deposits may be purchased only from financial institutions that meet the criteria set forth in the section of this Investment Policy, " Selection of Depositories." Investment in negotiable Certificates of Deposit shall not exceed 30% ofthe City' s total portfolio.
8.5 Non- negotiable Certificates of Deposit
Non- negotiable Certificates of Deposit with a maturity not exceeding five years from the date of trade settlement, in FDIC insured state or nationally chartered banks or savings banks, subject to the limitations of California Government Code Section 53638. Amounts in excess of FDIC insurance coverage shall be secured in accordance with California Government Code Section 53652. Certificates of Deposits may be purchased only from financial institutions that meet the criteria set forth in the section of this Investment Policy, " Selection of Depositories." Investment in non- negotiable Certi cates of Deposit shall not exceed 30°Io of the City' s total portfolio.
8. 6 Commercial Paper
Prime Commercial Paper with a maturity not exceeding 270 days from the date of trade settlement with the highest ranking or of the highest letter and number rating as provided for by a NRSRO.
The entity that issues the commercial paper shall meet all of the following conditions in either subparagraph A. or sub- paragraph B. below:
A. The entity shall( 1) be organized and operating in the United States as a general corporation, ( 2) have total assets in excess of$ SOO, OOO, OOOand( 3) have debt other than commercial paper, if any, that is rated in a rating category of "A" or the equivalent or higher by a NRSRO.
B. The entity shall ( 1) be organized within the United States as a special purpose corporation, trust, or limited liability company, ( 2) have program-wide credit enhancements, including, but not limited to, over collateralization, letters of credit or surety bond and( 3) have commercial paper that is rated" A- 1" or higher, or the equivalent, by a NRSRO.
No more than 10°Io of the City' s total portfolio shall be invested in the commercial paper and corporate notes of any one issuer, and the aggregate investment in commercial paper shall not exceed 25% of the City' s total portfolio.
8. 7 Banker' s Acceptances
Eligible Banker' s Acceptances with a maturity not exceeding 180 days from the date of trade settlement, drawn on or accepted by a FDIC insured commercial bank with combined capital and surplus of at least$ 250 million, whose senior long-term debt is rated in a rating category of" A" or the equivalent or better by a NRSRO at the time of trade settlement. No more than 30% of the City' s total portfolio shall be invested in banker' s acceptances of any one issuer, and the aggregate investment in banker' s acceptances shall not exceed 40% of the City' s total portfolio.
8. 8 Repurchase Agreements
Repurchase Agreements with a final termination date not exceeding 30 days collateralized by U.S.
Treasury obligations, Federal Agency securities, or Federal Instrumentality securities listed in Section 8. 1 above with the maturity of the collateral not exceeding five years. For the purpose of 5 -
57 this section, the term collateral shall mean purchased securities under the terms of the City' s approved Master Repurchase Agreement. The purchased securities shall have a minimum market value including accrued interest of 102% of the dollar value of the funds borrowed. Collateral shall be held in the City' s custodian bank, as safekeeping agent, and the market value of the collateral securities shall be marked- to-the- market daily.
Repurchase Agreements shall be entered into only with broker/dealers who are recognized as Primary Dealers with the Federal Reserve Bank of New York, or with firms that have a Primary Dealer within their holding company structure. Primary Dealers approved as Repurchase Agreement counterparties shall have a short-term credit rating of at least A- 1 or the equivalent and a
long-term credit rating in a
rating category of " A" or the equivalent or better. Repurchase agreement counterparties shall execute a City approved Master Repurchase Agreement with the City. The Director of Finance shall maintain a copy of the City' s approved Master Repurchase Agreement along with a list of the broker/dealers who have executed same. There are non portfolio limits for repurchase agreements.
8.9 Money MarKet Funds
Money Market Funds registered under the Investment Company Act of 1940 that ( 1) are " no- load" meaning no commission or fee shall be charged on purchases or sales of shares); ( 2) have a constant net asset value per share of$ 1. 00; ( 3) invest only in the securities and obligations authorized in the applicable California statutes and ( 4) have a rating of AAAm or the equivalent by not less than two NRSROs. The combined investment in money market funds and mutual funds shall not exceed 20% of the City' s total portfolio.
8. 10 Mutual Funds
Mutual Funds registered under the Investment Company Act of 1940 which ( 1) are " no- load" meaning no commission or fee shall be charged on purchases or sales of shares); ( 2) invest in the securities and obligations authorized in the applicable California statutes and ( 3) have a rating of AAAm or the equivalent by not less than two NRSROs. No more than ] 0% of the City' s total portfolio may be invested in mutual funds of any one issuer, and the combined investment in mutual funds and money market funds shall not exceed 20% of the City' s total portfolio.
8. 11 Local Agency Investment Fund
State of California' s Local Agency Investment Fund ( LAIF), pursuant to California Government Code Section 16429. L
8. 12 Shares of beneficial interest issued by a joint powers authority Shares of beneficial interest issued by a joint powers authority organized pursuant to Section 6509J that invests in the securities and obligations authorized in California Government Code Section 53601 subdivisions( a) to( r), inclusive. Each share shall represent an equal proportional interest in the underlying pool of securities owned by the joint powers authority. To be eligible under this section, the joint powers authority issuing the shares shall have retained an investment adviser that meets all of the following criteria:
1) The adviser is registered or exempt from registration with the Securities and Exchange Commission.
6-
58 2) The adviser has not less than five years of experience investing in the securities and obligations authorized in subdivisions ( a) to( q), inclusive. 3) The adviser has assets under management in excess of five hundred million dollars 500, 000, 000).
8.13 Supranational Debt
United States dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and Development, International Finance Corporation, or Inter- American Development Bank, with a maximum remaining maturity of five years or less, and eligible for purchase and sale within the United States.
Investments under this subdivision shall be rated in a rating category of" AA" or the equivalent or better by an NRSRO and shall not exceed 30% of the City' s total portfolio.
8. 14 Allowable Investment Vehicles
It is the intent of the City that the foregoing list of authorized securities and transactions is strictly interpreted. Any deviation from this list must be approved in advance by the City Council.
The City may, from time to time issue bonds, the proceeds of which must be invested to meet specific cash flow requirements. In such circumstances the reinvestment of debt issuance or related reserve funds will be governed by the bond documents and may deviate from the provisions of this Investment Policy.
9.0 COMPETITIVE TRANSACTIONS
Each investment transaction shall be competitively transacted with authorized broker/ dealers. At least three broker/dealers shall be contacted for each transaction and their bid and offering prices shall be recorded.
If the City is offered a security for which there is no other readily available competitive offering, then the Director of Finance will document quotations for comparable or alternative securities.
10. 0 SELECTION OF DEPOSITORIES
To be eligible for designation to provide depository and other banking services or for an institution' s certificates of deposit to be eligible for purchase, a bank or savings bank must be a member of the Federal Deposit Insurance Corporation and shall qualify as a depository of public funds in the State of California as defined in California Government Code Section 53630. 7-
59 11. 0 SAFEKEEPING AND CUSTODY
The Director of Finance shall select one or more banks to provide third party safekeeping and custodial services for the City, in accardance with the provisions of Section 53608 of the California Government Code. A Safekeeping Agreement approved by the City shall be executed with each custodian bank prior to utilizing that bank' s safekeeping services. Custodian banks will be selected on the basis of their ability to provide services for the City' s account and the competitive pricing of their safekeeping related services.
The purchase and sale of securities and repurchase agreement transactions shall be settled on a delivery versus payment basis. Title to all securities shall be perfected in the name of the City.
Sufficient evidence to title shall be consistent with modern investment, banking and commercial practices.
All investment securities, except Non- negotiable Certificates of Deposit, Money Market Funds, Mutual Funds, shares of beneficial interest issued by a joint powers authority, and LAIF, purchased by the City will be delivered by either book entry or physical delivery and will be held in thirdparty safekeeping by a City approved custodian bank, its correspondent bank or its Depository Trust Company (DTC) participant account.
All Fed wireable book entry securities owned by the City shall be held in the Federal Reserve System in a customer account for the custodian bank which will name the City as " customer." All DTC eligible securities shall be held in the custodian bank' s DTC participant account and the custodian bank shall provide evidence that the securities are held for the City as " customer." All non-book entry ( physical delivery) securities shall be held by the custodian bank or its correspondent bank and the custodian bank shall provide evidence that the securities are held by the bank for the City as " customer."
12. 0 DIVERSIFICATION
The City will diversify its investments by security type and institution. With the exception of Government Obligations set forth in Section 8. 1, Repurchase Agreements and LAIF, and notwithstanding the individual limitations set forth herein, no more than 50% of the City' s total investment portfolio will be invested in a single security type or with a single financial institution.
13. 0 MAXIMUM MATURITIES
To the extent possible, investments shall be matched with anticipated cash flow requirements and known future liabilities. With the exception of reserve funds, the City will not invest in securities maturing more than five years from the date of trade settlement, unless the City Council has by resolution granted authority to make such an investment at least three months prior to the date of investment.
Reserve funds may be invested in securities exceeding five years if the maturity of such investments is made to coincide as nearly as practicable with the expected use of the funds. 8-
60 14. 0 PERFORMANCE STANDARDS
The investment portfolio shall be designed to attain a market rate of return throughout budgetary and economic cycles, taking into account prevailing market conditions, risk constraints for eligible securities, and cash flow requirements. The performance of the City' s investments shall be compared to the average yield on the U.S. Treasury security that most closely corresponds to the portfolio' s weighted average effective maturity. When comparing the performance of the City' s portfolio, its rate of return will be computed net of all fees and expenses.
15. 0 REPORTING
The Director of Finance shall provide the City Council quarterly Investment Reports. The reports shall include the following on all invested monies:
l. Issuer name
2. Type of investment instrument
3. Purchase date
4. Maturity date
5. Weighted average maturity
6. Ending balances
7. Yield on cost
8. Weighted average yield
9. Benchmark suitable for weighted average maturity
lO.Purchase Price
11. Market value
12. Percent of portfolio of each investment
13. Investments under the management of contracted parties
14. Statement of compliance with the investment policy
15. Statement of ability to meet obligations of next six months
16. 0 INVESTMENT POLICY ADOPTION
This Investment Policy shall be adopted by resolution of the City Council. The policy will be reviewed by the City Council annually, and any modifications made thereto must be approved by the City Council.
9-
61 GLOSSARY OF SELECTED TERMS
Benchmark
A passive index used to compare the performance, relative to risk and return, of an investor' s portfolio.
Cash Flow
A comparison of cash receipts ( revenues) to required payments ( debt service, operating expenses, etc.).
Credit Risk
The chance that an issuer will be unable to make scheduled payments of interest and principal on an outstanding obligation. Another concern for investors is that the market' s perception of a corporation' s credit will cause the market value of a security to fall, even if default is not expected.
Credit Rating
Various alphabetical and numerical designations used by institutional investors, Wall Street underwriters, and commercial rating companies to give relative indications of bond and note creditworthiness. Standard & Poor' s and Fitch Ratings use the same system, starting with their highest rating, of AAA, AA, A, BBB, BB, B, CCC, CC, C, and D for default. Moody' s Investors Service uses Aaa, Aa, A, Baa, Ba, B, Caa, Ca, C, and D. Each of the services use pluses(+), minuses or numerical modifiers to indicate steps within each category. The top four letter categories are considered investment grade ratings.
Duration
A measure of the timing of cash flows to be received from a security that provides the foundation for a measure of the interest rate sensitivity of a bond. Duration is an elasticity measure and represents the percentage change in price divided by the percentage change in interest rates. A high duration measure indicates that for a given level of movement in interest rates, prices of securities will vary considerably.
Fiduciary
An individual who holds something in trust for another and bears liability for its safekeeping.
Investment Oversight Committee
A committee of three to eleven members formed under Government Code Section 27131 to monitor and review a county' s investment policy by causing an annual audit and discussing its finding at an open meeting. Although cities and other local agencies are not required to compose an investment oversight committee, the State Legislature has declared that all local agencies " should participate in reviewing the policies that guide the investment of those funds." Liquidity
The ease with which an investment may be converted to cash, either by selling it in the secondary market or by demanding its repurchase pursuant to a put or other prearranged agreement with the issuer or another party.
10-
62 Liquidity Risk
The chance that a security, sold prior to maturity, will be sold at a loss of value. For a local agency, the liquidity risk of an individual investment may not be as critical as how the overall liquidity of the portfolio allows the agency to meet its cash needs.
Market Risk
The chance that the value of a security will decline as interest rates rise. In general, as interest rates fall, prices of fixed income securities rise. Similarly, as interest rates rise, prices fall. Market risk also is referred to as systematic risk or risk that affects all securities within an asset class similarly.
Maturity
The stated date on which all or a stated portion of the principal amount of a security becomes due and payable.
Net Present Value
An amount that equates future cash flows with their value in present terms.
Par Amount or Par Value
The principal amount of a note or bond which must be paid at maturity. Par, also referred to as the face amounY' of a security, is the principal value stated on the face of the security. A par bond is one sold at a price of 100 percent of its principal amount.
Pooled Investment
A market institution authorized under various sections of state law that represents the combined deposits of more than one local agency and pays returns based upon each local agency' s share of investment in the pool.
PortFolio
The combined holdings of all investment assets held by an investor.
Principal Amount
The face amount or par amount of a bond or issue of bonds payable on stated dates of maturity.
Put
The ability of a holder of an investment security to sell at a specified time and for a specified price the security back to the issuer or prior holder.
Return
The principal plus interest on an investment or portfolio of investments. In certain unfavorable market environments or due to risk factors, income derived from principal and interest may be less than the original amount invested.
Risk
The uncertainty of maintaining the principal or interest associated with an investment due to a variety of factors.
Yield
For the purposes of this publication, return and yield are synonymous. 11 -
63 GLOSSARY OF INVESTMENT INSTRUMENTS
Asset- Backed Securities
Securities that are supported by pools of assets, such as installment loans or leases, or by pools of revolving lines of credits. Asset-backed securities are structured as trusts in order to perfect a security interest in the underlying assets.
Bank Note
A senior, unsecured, direct obligation of a bank or U. S. branch of a foreign bank.
Banker' s Acceptance
Normally, a short- term bill of exchange that is accepted as payment by banks engaged in financing trade of physical assets or merchandise.
Bond
A debt obligation of a firm or public entity. A bond represents the agreement to repay the debt in principal and, typically, in interest on the principal.
Callable Security
An investment security that contains an option allowing the issuer to retire the security prior to its final maturity date.
Certificate of Deposit
A short- term, secured deposit in a financial institution that usually returns principal and interest to the lender at the end of the loan period. Certificates of Deposit ( CDs) differ in terms of collateralization and marketability. Those appropriate to public agency investing include:
Negotiable Certificates of Deposit — Generally, short term debt instruments that usually pay interest and are issued by a bank, savings or federal association, state or federal credit union, or state- licensed branch of a foreign bank. The majority of negotiable CDs mature within six months while the average maturity is two weeks. Negotiable CDs are traded in a secondary market and are payable upon order to the bearer or initial depositor( investor).
Non- Negotiable Certificates of Deposit — CDs that carry a penalty if redeemed prior to maturity. A secondary market does exist for these non- negotiable CDs, but include a transaction cost that reduces returns to the investor. Non- negotiable CDs issued by banks and savings and loans are insured by the Federal Deposit Insurance Corporation up to the amount of $ 250, 000, including principal and interest. Amounts deposited above this amount may be secured with other forms of collateral through an agreement between the investor and the issuer. Collateral may include other securities including Treasuries or agency securities such as those issued by the Federal National Mortgage Association.
Commercial Paper
A short- term, unsecured promissory note issued by a large corporation.
Corporate Notes and Bonds
Debt instruments, typically unsecured, issued by corporations, with original maturities in most cases greater than one year and less than ten years.
Federal Agency and Instrumentality Obligations
12-
64 Obligations issued by a government- sponsored entity or a federally regulated institution.
Mortgage Pass- Through Obligations
Securities that are created when residential mortgages( or other mortgages) are pooled together and undivided interests or participations in the stream of revenues associated with the mortgages are sold.
Municipal Notes, Bonds, and Other Obligations
Obligations issued by state and local governments to finance capital and operating expenses.
Notes
Debt obligations of a firm or public entity, usually maturing in less than ten years.
Repurchase Agreements
From the perspective of a local agency, the short term, often overnight, purchase of securities with an agreement to resell the securities at an agreed upon price.
Reverse Repurchase Agreements
Differs from a repurchase agreement in the sense that a reverse repurchase agreement is an agreement to sell securities in return for cash with an agreement to repurchase the securities at an agreed upon price.
State and Local Investment Pools
The combined deposits of state and local agencies organized and operated by a state treasurer or a local official. These pools operate much like a mutual fund, with local agencies investing money together in order to increase efficiency and reduce costs.
State Noted, Bonds, and Warrants
Obligations of the State of California or another state government with different maturity lengths.
Zero- Interest Bond
A bond on which interest is not payable until maturity ( or earlier redemption), but compounds periodically to accumulate to a stated maturity amount. Zero-interest bonds are typically issued at a discount and repaid at par upon maturity.
Excerpted from UnderstandinQ Public Investrrtent Re orting - A Handbook For Local Elected O acials California Debt and Investment Advisory Commission, 2003. 13 -
65 pfml asset 1EIVT' C
tla
October 11, 2022
management
Memorandum
To: Cari James, Finance Director
Thomas Hedegard, Deputy Finance Director
City of Lathrop
From: Monique Spyke, Managing Director
Allison Kaune, Senior Analyst
PFM Asset Management LLC
Re: 2022 Investment Policy Review
We have completed our review of the City of Lathrop' s ( the" City") Investment Policy ( the Policy") dated October 11, 2021. This year we are recommending Policy changes in response to changes to California Government Code (" Code") that will go into effect on January 1, 2023, following the passage of Senate Bill 1489 (" SB 1489") in September 2022. We have summarized our changes below and have attached a marked- up version of the Policy to illustrate our recommendations.
Senate Bill 1489, also known as the Local Government Omnibus Act of 2022, made a number of changes to Code, including several that impact the investment of public funds and the reporting practices of public agencies. Changes made to Code section 53601, the section of Code that governs the investment of public funds, include language stating that an investmenYs term or remaining maturity shall be measured from the settlement date to final maturity, and, that a security purchased in accordance with Code section 53601 shall not have a forward settlement date exceeding 45 days from the time of investment. Previously, Code was silent on both items. To address these Code changes, we have added the new Code language to Policy section 8. 0 Authorized and Suitable Investments.
While the Code changes described above do not go into effect until January 1, 2023, we feel it is appropriate to add the language to the Policy now because even with the changes, the Policy will remain in compliance with the current version of the Code.
SB 1489 also modified Code section 53646 and its quarterly reporting requirements. Per Code, producing a quarterly report is optional for public agencies. However, should an agency choose to produce a quarterly report, certain requirements must be met. One of those requirements was to produce the quarterly report within thirty (30) days following the end of the quarter. With SB 1489 that time has been extended to forty- five( 45) days. The City' s Policy does not currently include language regarding the due date of reporting. As such, no Policy changes are needed to address this Code change.
66 ITEM 4.6
CITY MANAGER' S REPORT
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING
ITEM: REJECT BID FOR STRIPING SERVICES, CIP PS 22- 14
RECOMMENDATION: Adopt Resolution Rejecting Bid for Striping Services, CIP PS 22- 14
SUMMARY:
On June 2, 2022, City Council approved the creation of Capital Improvement Project CIP) GG 22- 14 Striping Services ( Project) to provide one- time and on- call services and prices for the installation of traffic striping and markings on City streets.
City staff prepared and distributed the plans and technical specifications for formal bid solicitation on July 6, 2022 in accordance with California Public Contract Code 20160 and the Lathrop Municipal Code 2. 36. 060.
A total of one ( 1) bid was received and opened by the City Clerk on July 26, 2022.
Based upon the review and evaluation of the bid, it appears that the scope of work selected by the City for installation of the subject services is too large for the project budget. Furthermore, the submittal of only one bid for the Project indicates poor bidding competition.
Therefore, staff requests City Council reject all bids, pursuant to Lathrop Municipal Code 2. 36. 060( E) and Public Contract Code ( PCC) 20166 and 22038. Following bid rejection, staff plans to reduce the scope of the project and re- solicit bids.
BACKGROUND:
The Project' s scope of work was comprised of two work types: defined work to be accomplished immediately upon contract execution and on- call work to be defined as needed and obtained at the unit prices submitted by the Contractor for on- call work.
Based upon the review and evaluation of the bid, it appears that the scope of work selected by the City for installation of the subject services is too large for the project budget. Furthermore, the submittal of only one bid for the Project indicates poor bidding competition. As a result, the Project' s contemplated entirety of traffic striping and markings cannot be accomplished under the existing budget or proposed contract.
Pursuant to PCC 20166 and 22038, a public agency may reject all bids for a project no less than two ( 2) days after notifying the low bidder of such intent. 67 CITY MANAGER' S REPORT PAGE 2
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING
REJECT BID FOR STRIPING SERVICES, CIP PS 22- 14
City staff notified the bidder via US mail on November 4, 2022 of its intent to recommend City Council reject all bids for the project at the City Council Regular Meeting of November 14, 2022.
Therefore, staff requests City Council to reject all bids for CIP PS 22- 14 Striping Services, pursuant to Lathrop Municipal Code 2. 36. 060( E) and PCC 20166 and 22038.
Following bid rejection, staff plans to reduce the scope of the project and re- solicit bids.
REASON FOR RECOMMENDATION:
The scope of work selected by the City for striping services is too large for the project budget. Furthermore, the submittal of only one bid for the Project indicates poor bidding competition. Both factors indicate that the City could accomplish the majority or all of the contemplated work within the budget by reducing the scope or waiting until the material supply chain has stabilized.
FISCAL IMPACT:
There is no fiscal impact associated with the requested action.
ATTACHMENTS:
A. Resolution Rejecting Bid for CIP PS 22- 14, Striping Services 68 CITY MANAGER' S REPORT PAGE 3
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING
RE7ECT BID FOR STRIPING SERVICES, CIP PS 22- 14
APPROVALS:
I 0. Z4. 22
Steven Hollenbeak Date
Assistant Engineer
Ken Reed Date
Senior Construction Manager
C,
r-ort c z / z o'!, 2
Cari James Date
Director of Finance
o • Z,-, ZoZ2
Michael K Date
Assistant City Manager
lQ • 2 7 ZO2. Z
Salvador Navarrete Date
City Attorney
I•! ' L7.
St en J. Salvatore Date
City Manager
69 RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP REJECTING BID FOR STRIPING SERVICES, CIP PS 22- 14
WHEREAS, on May 9, 2021, City Council approved the creation of Capital Improvement Project ( CIP) PS 22- 14, Striping Services to provide one- time and oncall services and prices for the installation of traffic striping and markings on City streets; and
WHEREAS, City staff prepared and distributed the plans and technical specifications for formal bid solicitation on July 6, 2022 in accordance with California Public Contract Code 20160 and the Lathrop Municipal Code Section 2. 36. 060; and WHEREAS, a total of one ( 1) bid was received and opened by the City Clerk on July 26, 2022; and
WHEREAS, it appears to staff that the scope of work selected by the City is too large for the project budget; and
WHEREAS, the minimum quantity of bids received indicates poor bidding competition; and
WHEREAS, pursuant to Lathrop Municipal Code 2. 36. 060( E) and Public Contract Code Sections 20166 and 22038, a public agency may reject all bids for a project no less than two ( 2) days after notifying the apparent low bidder of such intent; and
WHEREAS, City staff provided notice to said bidder via US mail on November 4, 2022 of its intent to recommend City Council reject the bid for the subject project; and
WHEREAS, staff requests City Council reject the bid for the subject project.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby reject the bid for CIP PS 22- 14, Striping Services. 70 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:
ABSTAIN:
ABSENT:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS T FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 71 72
ITEM 4. 7
CITY MANAGER' S REPORT
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING
ITEM: CHRISTMAS PARADE TEMPORARY STREET
CLOSURE OF J STREET, 5T" STREET, THOMSEN
ROAD, AND CAMBRIDGE DRIVE
RECOMMENDATION: Adopt Resolution Approving Temporary Street Closures for the Lathrop Christmas Parade on
December 10, 2022 of J Street, 5t'' Street,
Thomsen Road, and Cambridge Drive
SUMMARY:
On December 10, 2022, the City of Lathrop will host the annual Christmas Parade.
The parade will begin at 11: 00 a. m. at the corner of Fifth and J Street and travel south and turn west on Thomsen Road; follow Thomsen Road to Cambridge Drive; turn north onto Cambridge and follow Cambridge to J Street; turn east onto J Street and conclude at the corner of Fifth and J Streets. Parks, Recreation and Maintenance Services will coordinate the route, and the temporary street closures, with Public Works, Community Development, Lathrop Police Department and the Lathrop Manteca Fire District to ensure the safety of this event. Since the parade will utilize the entire street at these locations, staff is requesting Council approval of temporary street closures which has been the same parade route for the last five plus years.
BACKGROU N D:
On December 10, 2022, the Parks, Recreation and Maintenance Services Staff will be hosting the annual Christmas Parade. This year' s theme is The Songs and Stories of Christmas". More than 50 entries are anticipated.
The parade will begin at 11: 00 a. m. at Fifth & J Streets; continue south on Fifth Street and turn west on Thomsen Road; continue on Thomsen Road and turn north on Cambridge Drive; continue on Cambridge and turn east on J Street; parade will continue on J Street and conclude at the corner of J and Fifth Streets. The Judges Review Stand will be located along J Street. Staging of the parade entries will be located on J Street between 6t" Street and Revere Lane as well as Sixth Street between J and K Streets.
Parks, Recreation and Maintenance Services will coordinate the temporary street closures with Public Works, Community Development, Lathrop Police Department and the Fire Department. Forty- eight hours prior to the parade, the barricades will be set on the side of the road to alert the community about areas of" No Parking" and " Street Closure". On the day of the parade, additional barricades are set with advanced warning signs: " Road Closed Ahead" and " Detour Ahead". Approximately 1/ z hour prior to the beginning of the parade, the actual " Road Closure" signs are set in place. 73 CITY MANAGER' S REPORT PAGE 2
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING
CHRISTMAS PARADE TEMPORARY STREET CLOSURE
Lathrop Police Department, Volunteers, and Parks, Recreation and Maintenance Services staff will assist at all intersections for traffic flow. At the conclusion of the parade, barricades are collected.
The Lathrop- Manteca Fire District ( LMFD) will provide Santa Claus a ride in a unit that is temporarily placed out of service. LMFD in- service vehicles will also participate, at the end of the parade allowing quick response to calls if necessary.
The Community Development Department has found the Parade to be exempt from the provisions of CEQA under Title 14 California Code of Regulations, Chapter 3, Article 19, Section 15304( e) ( Minor Alterations to Land).
To ensure the safety of the parade, spectators and participants, staff is requesting temporary closures of the following streets:
J Street - From Cambridge Drive and 5t" Street
5t'' Street - From J Street to Thomsen Road
Thomsen Road - From 5t" Street to Cambridge Drive
Cambridge Road - From Thomsen to J Street
This temporary closure will take place on Saturday, December 10, 2022 from approximately 10: 00 a. m. to 12: 30 p. m. for the purpose of presenting the annual Christmas Parade.
REASON FOR RECOMMENDATION:
The adoption of this resolution will approve the temporary street closures to allow staff to facilitate the 2022 Christmas Parade.
FISCAL IMPACT:
Expenses are offset by revenue from partnerships and entry fees.
ATTACH M ENTS:
A. Resolution Approving Temporary Street Closure
B. Parade Route Map
74 CITY MANAGER' S REPORT PAGE 3
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING
CHRISTMAS PARADE TEMPORARY STREET CLOSURE
APPROVALS:
zz
Todd Sebastian Date
Director of Parks, Recreation and Maintenance Services
1 C ' --
Cari ) a
Date
Director o inance
g ZD .
Salvador Navarrete Date
City Attorney
o • 3t•Lz
e Salvatore Date
City Manager
75 ATTACHMENT A
RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP
APPROVING TEMPORARY STREET CLOSURES FOR THE LAPTHROP
CHRISTMAS PARADE ON DECEMBER 10, 2022 OF .7 STREET, 5TH STREET
THOMSEN ROAD, AND CAMBRIDGE DRIVE
WHEREAS, on November 14, 2022 City Staff requested City Council approval for temporary street closures for the Christmas Parade on December 10, 2022; and WHEREAS, the streets recommended for temporary closure for the Christmas parade route are:
J Street - From Cambridge Drive and 5t'' Street
5t'' Street - From J Street to Thomsen Road
Thomsen Road - From 5t'' Street to Cambridge Drive
Cambridge Road - From Thomsen to J Street
WHEREAS, these street closures will be in affect from approximately 10: 00 a. m. to 12: 30 p. m. on Saturday, December 10, 2022 for purpose of presenting the annual Christmas Parade; and
WHEREAS, the City of Lathrop Parks, Recreation and Maintenance Services Department shall set barricades on the side of the road to alert the community about areas of closure 48 hours in advance of the parade; and WHEREAS, advanced temporary signage will be placed on the streets identifying the temporary closure from approximately 10: 00 a. m. to 12: 30 p. m. on December 10, 2022; and
WHEREAS, the Lathrop Police Department shall help at intersections for traffic flow during the temporary street closure and the Lathrop Manteca Fire District will be coordinated with for the parade route; and
WHEREAS, the parade is exempt from the provisions of CEQA pursuant to Title 14 California Code of Regulations, Chapter 3, Article 19, Section 15304 ( e) Minor Alterations to Land).
NOW, THEREFORE, BE IT RESOLVED that pursuant to California Vehicle Code Section 21101, subdivision ( e), the City Council of the City of Lathrop does hereby approve temporary closure of:
J Street - From Cambridge Drive and 5th Street
5t'' Street - From J Street to Thomsen Road
Thomsen Road - From 5t'' Street to Cambridge Drive
Cambridge Road - From Thomsen to J Street
This temporary closure will take place on Saturday, December 10, 2022 from approximately 10: 00 a. m. to 12: 30 p. m. for the purpose of presenting the annual Christmas Parade.
76 ATTACHMENT A
PASSED AND ADOPTED this 14t'' day of November 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sonny Dhaliwal, Mayor
APPROVED AS TO FORM: ATTEST:
Salvador Navarrete, City Attorney Teresa Vargas, City Clerk
77 ATTACHMENT B
2022 Christmas Parade Route
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PARKS, RECREATION,&
MAINiENANCE SERYICES
WE C. A. B. E.
78 ITE M 4. 8
CITY MANAGERS REPORT
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE FACILITY FEE WAIVER REQUESTS
FOR 2023 COMMUNITY PARTNER GROUPS
RECOMMENDATION: Adopt Four ( 4) Resolutions Approving Facility Fee Waiver requests from the Lathrop Lions
Club, Lathrop Community Volunteer Club, and
the Lathrop Sunrise Rotary Club, and Lathrop
Little League
SUMMARY: Review and approve resolutions for fee waivers for the use of City facilities in accordance with the City of Lathrop Fee Waiver Policy. The Parks, Recreation and Maintenance Services stafF have reviewed these requests and found the requested waivers to be of public benefit, de minimis in nature and not subsidized from other facility fees.
BACKGROUND: Annually, staff receive requests for fee waivers from local organizations for the use of City facilities in support their local activities. Each of these organizations are local 501( c) 3 non- profit organizations who are active in the Lathrop community. Facility fee waiver requests are attached to this report from each of each organization in the amounts listed below:
Lathrop Lions Club 9, 761. 54
Lathrop Community Volunteer Club $ 652. 38
Lathrop Sunrise Rotary Club 758. 52
Lathrop Little League 51, 481. 00
RECOMMENDATION: Staff recommends Council find the requested waivers would provide a public benefit to the community and that the amount of the request is de minimis in nature and not subsidized from other facility fees, and approve the fee waiver for the organizations listed above.
FISCAL IMPACT: The fees associated with the facility fee waiver request total 62, 653. 44.
79 CITY MANAGERS REPORT PAGE 2
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING
2023 REQUESTS FOR FEE WAIVER
ATTACH M ENTS:
A. Resolution to approve the Lathrop Lions Club Fee Waiver Request B. Lathrop Lions Club Request for Fee Waiver and Facility Usage Calculations
C. Resolution to approve the Lathrop Community Volunteer Club Fee Waiver Request
D. Lathrop Community Volunteer Club Request for Fee Waiver and Facility Usage Calculations
E. Resolution to approve Lathrop Sunrise Rotary Fee Waiver Request F. Lathrop Sunrise Rotary Request for Fee Waiver and Facility Usage Calculations
G. Resolution to approve the Lathrop Little League Fee Waiver H. Lathrop Little League Request for Fee Waiver and Facility Usage Calculations
80 CITY MANAGERS REPORT PAGE 3
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING
2023 REQUESTS FOR FEE WAIVER
APPROVALS:
LD • 3! . zZ
To d Se ian Date
Director of Parks, Recreation and Maintenance Services
li 2,0-.
Cari Jame Date
Finance ector
d ' 3/` u ?_1z.
Salvador Navarrete Date
City Attorney
l• q• 22
Ste J. Salvatore Date
City Manager
81 Attachment A
RESOLUTION NO. 22 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP
APPROVING A FACILITY FEE WAIVER REQUEST FROM THE LATHROP LIONS CLUB FOR USE OF CITY FACILITIES TOTALING $ 9, 761. 54
WHEREAS, the Lathrop Lions Club requested the use of City Facilities; and WHEREAS, promoting community values through cost reduction to promote public benefit activities of a service club and the requests from local non- profit organizations whose efforts continue to give back to the residents of Lathrop; and WHEREAS, WHEREAS, the Parks & Recreation Commission voted at their November 3, 2022 meeting to recommend City Council approval of the requested fee waiver; and
WHEREAS, the City Council finds that this request provides a public benefit to the community, that the amount of the request is de minimis in nature and not subsidized from other facility fees.
NOW, THEREFORE, BE IT RESOLVED that the Council finds direct public benefit will be provided by the Lathrop Lions Club to the City of Lathrop. The City Council of the City of Lathrop does hereby authorize waiving facility fees for the use of City Facilities in the amount of $9, 761. 54.
82 Attachment A
The foregoing resolution was passed and adopted this 14t'' day of November 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 83 i
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PARKI REAT10--
MAIMTENAHCE SERVICES
WE C. A. R. E.
FEE WAIVER POLICY CHECKLIST
1 Organization Name: ,}-, ,. C. / G iG'; ' i ,,Llt
Event Dates:
Parks and Recreation Commission Meeting Date: 3 2,
City Counci) Meeting Date: ` 2V
Any applicant requestin consideration of their waiver must provide the followin:
Submit Facility Rental Fee Waiver Request Form to the Parks & Recreation Department requesting specific location, date and time for each facility fee waiver.
XThe form must be signed by an authorized representative. v
Complete a Facility Reservation Permit application.
Submit a copy of the applicant' s 501( C)( 3) or ( C)( 6) non- profit organization documents ar any o her documents as may be required to show the applicant' s x organizational paperwork.
Submit a copy of the applicant' s mission statement.
Submit a copy of insurance naming the City of Lathrop as the Certificate Holder and an Endorsement stating " The City of Lathrop, its officers, officials, agents and z volunteers are to be covered as additionally insured." Submit a copy of the applicant' s financial statement showing revenues and expenses. I Submit a copy of a Community Partner Agreement with the City of Lathrop.
Submit a copy of your COVID- 19 mitigation plan to the Recreation Supervisor Parks and Recreation Cost Analysis ( Attached) - Prepared by P& R Staff ( Facility/ Staff Fees) Fee Waiver amount being requested: O• '
Approved By Parks and Recreation Commission: Yes/ No Date:
Approved by City Council: Yes/ No Date: Resolution No:
Letter sent to requestor advising status( Sent by Administration Staff):
8/ 9/ 2022
85 City of
Lathrop Parks 8 Recreatlon 390 Towne Cantre Drive— Lathrop, CA 95330 Phone ( 209) 941- 7360— Fax( 209) 941- 7219
www. ci. lathrop. ca. us
FACILITY RENTA! FEE WAIVER REQUE5T FORM
Organization Name: ,, _ a' y1VOP - 1C3'' 15 Vb
Contact fVame: l.,\ G ) SP Email:
Address:
Type of Organization: C 501( c) 3, S01{ c) 4, Governmental Agency, Other; please specify:
c-. 1 * Nov tb
Date( sy of event:
rd Ov1_1'1 Facility{ s) requested: ,. rio CEr' 1tY— CC
Name and Purpose af Event:
D1 O
Describe Frequency of vent: A p ' l
y
DiAuU !(. V'' Al VI VG. t
I have read the Facility Rentai ee Waiver policy. I am applying for a fee waiver based on the understanding and be(ief that my organization qualifies based on criterion identified in the Facility Fee Waiver Policy.
Signat r Qate: //'
Printed Name: h 01 s Title: ' S '
86 Attachment C
RESOLUTION NO. 22 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP
APPROVING A FACILITY FEE WAIVER REQUEST FROM THE LATHROP
COMMUNITY VOLUNTEER CLUB FOR USE OF CITY FACILITIES TOTALING 652. 38
WHEREAS, the Lathrop Community Volunteer Club has requested the use of City Facilities; and
WHEREAS, promoting community values through cost reduction to promote public benefit activities of a service club and the requests from local non- profit organizations whose efforts continue to give back to the residents of Lathrop; and WHEREAS, WHEREAS, the Parks & Recreation Commission voted at their November 3, 2022 meeting to recommend City Council approval of the requested fee waiver; and
WHEREAS, the City Council finds that this request provides a public benefit to the community, that the amount of the request is de minimis in nature and not subsidized from other facility fees.
NOW, THEREFORE, BE IT RESOLVED that the Council finds direct public benefit will be provided by the Lathrop Community Volunteer Club to the City of Lathrop. The City Council of the City of Lathrop does hereby authorize waiving facility fees for the use of City Facilities in the amount of $ 652. 38. 87 Attachment C
The foregoing resolution was passed and adopted this 14th day of November 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 88 V O O O O O O O
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PARKS, RECREATIDN, 8 -
MAIMTENAMCE SERVICES
WE C. A. R. E.
FEE WAIVER POLICY CHECKLIST
Organization Name: L." 1: U, J
Event Dates: f
Parks and Recreation Commission Meeting Date: vV'
City Council Meeting Date: N V` ' I/
Any applicant requestin consideration of their waiver must provide the followin:
Submit Facility Rental Fee Waiver Request Form to the Parks & Recreation Department requesting specific location, date and time for each facility fee waiver.
The form must be signed by an authorized representative.
Complete a Facility Reservation Permit application.
Submit a copy of the applicant' s 501( C)( 3) or (C)( 6) non- profit organization documents or any other documents as may be required to show the applicant' s organizational paperwork.
Submit a copy of the applicant' s mission statement.
Submit a copy of insurance naming the City of Lathrop as the Certificate Holder and an Endorsement stating " The City of Lathrop, its officers, officials, agents and volunteers are to be covered as additionally insured."
Submit a copy of the applicant' s financial statement showing revenues and expenses.
Submit a copy of a Community Partner Agreement with the City of Lathrop.
Submit a copy of your COVID- 19 mitigation plan to the Recreation Supervisor Parks and Recreation Cost Analysis ( Attached)- Prepared by P& R Staff ( Facility/ Staff Fees) Fee Waiver amount being requested: ^ Q 2 30
Approved By Parks and Recreation Commission: Yes/ No Date:
Approved by City Council: Yes/ No Date: Resolution No:
Letter sent to requestor advising status ( Sent by Administration Staffj:
8/ 9/ 2022
90 City of
T_ _..______.-
tathrop Parks& Recreatlon 390 Towne Centre Drive— Lathrop, CA 95330 Phane( 209) 941- i36— Fax( 209) 941- 7219
www. ci. lathrop. ca. us
FACItITY RENTAL FEE WAIVER REQUE5T FORM
C3rganization Name: 1N CV
Contact
Address:
Type of Organization: 501( c 3, 501( c) 4, Gavernmental Agency, Other; please specify:
ate{ s) af event: ° 1 3 La'a Facility s) reques# ed: V VPXG- '-- Name and Purpase of Event:
nd. rS UYI
ry SC'
f] escribe Frequency of Event: Y l/./
I have read the Facility Rental Fee Waive policy. I am applying for a fee waiver based on the understanding and bellef that my organization qualifies based on criterion identified in the Facility Fee Waiver Policy.
Signatu e: /(/, Date• T
Printed Name: C 1' '"` `"" Title: VhQ 1pJ
91 Attachment E
RESOLUTION NO. 22 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP
APPROVING A FACILITY FEE WAIVER REQUEST FROM THE LATHROP SUNRISE ROTARY CLUB FOR USE OF CITY FACILITIES TOTALING $ 758. 52 WHEREAS, the Lathrop Sunrise Rotary Club has requested the use of City Facilities; and
WHEREAS, promoting community values through cost reduction to promote public benefit activities of a service club and the requests from local non- profit organizations whose efforts continue to give back to the residents of Lathrop; and WHEREAS, WHEREAS, the Parks & Recreation Commission voted at their November 3, 2022 meeting to recommend City Council approval of the requested fee waiver; and
WHEREAS, the City Council finds that this request provides a public benefit to the community, that the amount of the request is de minimis in nature and not subsidized from other facility fees.
NOW, THEREFORE, BE IT RESOLVED that the Council finds direct public benefit will be provided by the Lathrop Sunrise Rotary Club to the City of Lathrop.
The City Council of the City of Lathrop does hereby authorize waiving facility fees for the use of City Facilities in the amount of $ 758. 52.
92 Attachment E
The foregoing resolution was passed and adopted this 14t'' day of November 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 93 c
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PABKS, HECREATIDN, S ----
MAIMTENANCE SERV CES
WE C. A. R. E.
FEE WAIVER POLICY CHECKLIST
Organization Name:
Event Dates:
Parks and Recreation Commission Meeting Date: I 1 -
City Council Meeting Date: IV V I' f ,
Any applicant requesting consideration of their waiver must provide the following:
Submit Facility Rental Fee Waiver Request Form to the Parks & Recreation Departrr ent requesting specific location, date and time for e ch facility fee waiver. l j The fon 7iust be si ned by an authorized representative.
I'
Ccmplete a acility Reservation Permit application. i
Submit a copy of the applicant' s 501( C)( 3 or ( C)( 6} non- profit or anszation Lj ', r ocuments or any other docume its as rnay E s eqi ired to ho^ v the ppiic, n; s t.!'` ' , 1 i organizationa! paperwork.
r` , Submit a copy of the applicant' s mission statement. 1 `
S abn it a copy of insuranc naming the City of Lathrop as the Certificate Holcler a3 t 1 ty a:; Endoi sement stat+ng " The Clty of Lathrop, its afficers, off tials, ager ts nu vc lunteers are to be tovered as additionally insured." o
ubmst a copy of the applicant' c fina. cial st tement si owii g revenues and exp nse_;. j ubm; t a copy of a Co» i7 unity Partner Agreen er t with the City of Lathrop.
Submit a copy of yrour COVID- 19 mitigation plan to the Recreation Supervisasr Parks and Recreation Cost Analysis ( Attached) - Prepared by P& R Staff ( Facility/ Staff Fees) F e Vaiver amo nt being requested: Jv'
i
Approved By Parks and Recreation Commission: Yes/ No Date:
Approved by City Council: Yes/ No Date: Resolution No: I i
Letter sent to requestor advising status ( Sent by Administratian Staff):
9/ 151? OZ2
95 City of =
1 1 I -
s ____ __._.-- _ — ___ x__.._..._.
Lathrop Parks& Recreation 390 Towne Centre Drive— Lathrap, CA 95330 Phone{ 209} 941- 7360— Fax( 209) 941- 7219
www. ci. fathrop_ca. us
FACILITY RENTAL FEE WAIVER REQUEST FORM
f 1
Organization Name: '` r J A'
Contact Name: ' ` r"' Email:
Address;
Type nf rganization: 501 c 3, 501( cj 4, Governmental Agency, Other; please specify:
Date( sj of event: rI Zi1 / Z- Facility( s) requested:_ J 1 n ,. i
fVame and Purpose of Event:
v / / r,•.F i. lJ I , r
k/ l.rj/ r
Describe Frequency of Event:___ ` 6'
I have reacf the Facility Rental Fee Waiver policy. I am applying for a fee waiver based on the understanding and belief that my organization qualifies based on criterion identified in the Facility Fee Waiver Policy.
Signature• Date: 2/ ZL
Prin# ed Name:`/, 4 r ` y-- ^ Title: -' ' '
96 Attachment G
RESOLUTION NO. 22 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP
APPROVING A FACILITY FEE WAIVER REQUEST FROM THE LATHROP LITTLE LEAGUE FOR USE OF CITY FACILITIES TOTALING $ 51, 481. 00 WHEREAS, the Lathrop Little League has requested the use of City Facilities; and
WHEREAS, promoting community values through cost reduction to promote public benefit activities of a service club and the requests from local non- profit organizations whose efforts continue to give back to the residents of Lathrop; and WHEREAS, WHEREAS, the Parks & Recreation Commission voted at their November 3, 2022 meeting to recommend City Council approval of the requested fee waiver; and
WHEREAS, the City Council finds that this request provides a public benefit to the community, that the amount of the request is de minimis in nature and not subsidized from other facility fees.
NOW, THEREFORE, BE IT RESOLVED that the Council finds direct public benefit will be provided by the Lathrop Little League to the City of Lathrop. The City Council of the City of Lathrop does hereby authorize waiving facility fees for the use of City Facilities in the amount of $51, 481. 00.
97 Attachment G
The foregoing resolution was passed and adopted this 14t'' day of November 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 98 00000000000 2
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PARKS, RECREAiION, S
MpiMTENANCE SERYICES
WE C. A. R. E.
FEE WAIVER POLICY CHECKLIST
Organization Name: La-I- h rop l._.I T" Er' L ctque
Event Dates: eb• 2a2 2 V ur1e. Zv2-
Parks and Recreation Commission Meeting Date: N Vv .
City Council Meeting Date: Ivv- I" I "
Anv applicant requestin consideration of their waiver must provide the followin• Submit Facility Rental Fee Waiver Request Form to the Parks & Recreation Department requesting specific location, date and time for each facility fee waiver.
The form must be signed by an authorized representative.
Complete a Facility Reservation Permit application.
Submit a copy of the applicant' s 501( C)( 3) or (C)( 6) non- profit organization documents or any other documents as may be required to show the applicant' s organizational paperwork.
Submit a copy of the applicant' s mission statement.
Submit a copy of insurance naming the City of Lathrop as the Certificate Holder and an Endorsement stating " The City of Lathrop, its officers, officials, agents and volunteers are to be covered as additionally insured."
Submit a copy of the applicant' s financial statement showing revenues and expenses.
Submit, a copy of a Community Partner Agreement with the City of Lathrop.
Submit a copy of your COVID- 19 mitigation plan to the Recreation Supervisor Parks and Recreation Cost Analysis ( Attached)- Prepared by P& R Staff ( Facility/ Staff Fees) Fee Waiver amount being requested:
Approved By Parks and Recreation Commission: Yes/ No Date:
Approved by City Council: Yes/ No Date: Resolution No:
Letter sent to requestor advising status( Sent by Administration Staff):
10/ 18/ 2022
100
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Lafhrop Parks& Recreation 39 Towne Cenfre Driv— Lathrop, CA 95330 Phone( 209) 941- 7360-- Fax( 209} 941- 7219
tivu: w. ci. lathrop. ca. u s
FACILITY RENTAL FEE WAIVER REQUEST FORM
Organization Name:
Contact Name: Email:
Address:
Type af Organizatian: 501{ c) 3, SO1( c) 4, Governmental Agency, Other; please specify:
Date( s) of event: ,, (—. E? 1 acility( s) requested:'.-- ti,,! ( lC^, " fi q j Name and Purpose of Event: q V r
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1 have read the Facility Rental Fee Waiver policy. f am applying fnr a fee waiver based on the understanding and belief that my rganization qualifies based on criterion identified in the Faciiity Fee Waiver Policy.
Signature: Date: ! b $ I 2
Printed Name: `.. t 1 TitEe: r- A'Sll rE l'-
101
102
ITEM 4. 9
CITY MANAGER' S REPORT
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING
ITEM: PLANNING FEE WAIVER REQUEST BY THRIVE
CHURCH ( TUP- 22- 129)
RECOMMENDATION: Consider Adoption of a Resolution to Waive the Temporary Use Permit Application Processing and
Document Retention Fees for Thrive Church in the
Combined Amount of $ 392
SUMMARY:
Thrive Church hosted their annual " Love Our City Fall Fest" event on October 29, 2022 at their Lathrop location ( 17201 S. Manthey Road). The event took place outdoors in the church parking lot, which is shared amongst the businesses in the Mossdale Landing Business Park along Manthey Road and Golden Valley Parkway.
Thrive Church has submitted a letter ( Attachment 2) requesting the City waive the Temporary Use Permit ( TUP) application processing fee of $ 382, and the document retention fee of $ 10 ($ 392) for the event.
BACKGROUND:
Thrive Church submitted a Temporary Use Permit application for their annual 2022 Fall Harvest event. The event included amenities for guests, included rides and inflatables as well as carnival booths, games, and pre- packaged candy for kids of all ages. The event hours were from 3: 00 P. M. to 6: 00 P. M. This was a free event that provided activities for the community to participate in and enjoy.
Last year, the City approved a TUP, permitting a similar event held at the same location. The City has consistently approved various community events for Thrive Church since 2016. The City Council has approved similar requests from non- profit groups that sponsored events for the community. The $ 392, includes both application processing and document retention fees.
REASON FOR RECOMMENDATION:
Staff recommends the City Council adopt a resolution to waive the Temporary Use Permit Application and Document Retention Fees, and make findings that the fee waiver supports a public benefit to the community, and that the amount of the fee waiver is de- minimis in nature, and is not subsidized by other facility fees. 103
CITY MANAGER' S REPORT PAGE 2
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING
THRIVE CHURCH FEE WAIVER
FISCAL IMPACT:
The requested fee waiver is $ 392.
ATTACHMENTS:
1. Resolution Approving the Fee Waiver Request
2. Applicant Fee Waiver Request Letter
3. Vicinity Map
4. Application materials for TUP- 22- 129
104
CITY MANAGER' S REPORT PAGE 3
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING
THRIVE CHURCH FEE WAIVER
APPROVALS:
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nt DaDalt DateT
Assistant Planner
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Ric Ca uia Date
Assistant Community Development Director
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rk M iss er Date
om un ve opment Director
b. zCari Ja e Date
Finance irector
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Salvador Navarrete Date
City Attorney
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St alvatore Date
City Manager
105
RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO WAIVE
THE TEMPORARY USE PERMIT APPLICATION PROCESSING AND DOCUMENT RETENTION FEES FOR THE THRIVE CHURCH 2O22 FALL HARVEST FESTIVAL EVENT IN THE COMBINED AMOUNT OF $ 392
WHEREAS, on November 14, 2022, the City Council of the City of Lathrop considered a request by Thrive Church to waive the $ 382 Temporary Use Permit Fee and the $ 10 Document Retention Fee for one ( 1) event held in 2022 at the Thrive Church location in Lathrop; and
WHEREAS, the Thrive Church has planned and organized community events annually and has provided the citizens of Lathrop and neighboring areas a place to celebrate the fall season; and
WHEREAS, the City Council finds that this request provides a public benefit to the community, and that the amount of the request is de minimis in nature and not subsidized from other facility fees.
NOW, THEREFORE, BE IT RESOLVED, that in view of the direct public benefit provided by the Thrive Church Fall Harvest Festival event within the City of Lathrop, the City Council of the City of Lathrop does hereby waive the Temporary Use Permit Application Fee in the amount of $ 382 and Document Retention Fee in the amount of $ 10 for a total of $ 392.
Resolution No. 22-
106
PASSED AND ADOPTED this 14t'' day of November 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 Resolution No. 22-
107
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City of Lathrop— Comnninity Development Department
Planning Division
390 Towne Centre Drive
Lathrop, CA 95330
Subject: Waiver Request
1 To Whom it may concern,
This letter is to request a fee waiver for the Love Our City: Fall Fest at Thrive Church in Lathrop on October 29 h, 202Z from 3: OOpm— i:00pm.
Thrive Church would like to formally ask that the inspection fee be waived for the following reasons:
We are a non-profit organization provicling an event open to the people of Lathrop.
This event will be free of charge far• all who attend.
This event will be a safe gathering for families looking to celebrate the Fall season with fun and games.
Thank you for your consideration and we eagerly wait for your response.
Sincerely,
Teresa M. Coronado
Thrive Church Executive Adininistrator
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August 31, 2022
MEMO
TO: City of Lathrop Public' orks
FROM: Thrive Church in Lathrop
DATE: September 7th, 2022
OBJECTIVE:
To pzocure TUP for Love Our City Fall Fest, October 29, 20Z`L EVENT PROFILE:
On October 9 h, 2022, Thrive Church will be hosting a Harvest Festival for the community of Lathrop. Families looking for a safe environment to celebtate the Fall season will find multiple booths provided with games and pre- packaged candy for children of all ages. Booths and games will be bordered off with cones from any vehicle traffic to ensure the safety of all those attending and participating. Thrive Church anticipates up to 1200 attendants throughout the evening from 3: 00 p. m. — 6: 00 p. m. with security and staff to assure the fiin and safety of this event. Thrive Church' s Fall Fest vill be open to the public and will be free for all who attend.
PROGRAM INFORMATION:
Saturday, October 29, 2022 3: 00 p. m.— 6: 00 p. in.
Thrive Church
1 i261 S. Manthey Rd.
Lathrop, CA 95330
EVENT PLANNER:
Teresa Coronado/ Adminisrator
Thrive Church
501c3 Non- Profit, Tax ID# 050281956
E: 1 ei•e ar' I' hz°i:v l.,athroL. cozn
M: 209- 888- 46 6
TRAFFIC PLAN:
Booths and games will be sectioned off by cones with security to enforce the boundaries to see that no vehicles pass through during this event. All common area parking spaces ( with approval of neighbors) will be open to the public along with 14 handicpaped spaces sectioned with signs. Staff and security will be present to control the flow of traffic.
Thank you for your time and dedication in helping Thrive Church ensure a safe and compliant event this 202. We anticipate your response.
Sincerely,
Teresa N1. Coronado/ Thrive Church Executive Administrator 110
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ITEM 4. 10
CITY MANAGER' S REPORT
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE OUT- OF- STATE TRAVEL APPROVAL FOR
THE 2022 SAN JOAQUIN AREA FLOOD CONTROL
AGENCY ( S) AFCA) WASHINGTON, D. C. ADVOCACY
TRIP
RECOMMENDATION: Adopt a Resolution Authorizing Out-of-State Travel for the City Manager and the Council Members
Representing the City of Lathrop on the S) AFCA
Board of Directors, to Attend the 2022 Advocacy
Trip to Washington, D. C., December 5- 8, 2022
SUMMARY:
The City of Lathrop' s Board Members to the San Joaquin Area Flood Control Agency SJAFCA) for the 2022 calendar year are Councilmember Paul Akinjo and Vice Mayor Diane Lazard. Each year, representatives of the SJAFCA Board of Directors travel to Washington, D. C., to meet with federal representatives and policymakers in Congress to discuss SJAFCA' s priority projects. Lathrop has participated in these advocacy trips since 2018, when Lathrop became a voting member of SJAFCA.
During the SJAFCA Board Meeting on August 18, 2022, staff was directed to begin preparations for the upcoming advocacy trip to Washington D. C. and coordinate travel with the member agencies. Availability for this trip was discussed with both Vice Mayor Lazard and Councilmember Akinjo, and both are available to attend.
Tonight, staff is requesting authorization for out- of-state travel for Vice Mayor Lazard, Councilmember Akinjo and City Manager Stephen Salvatore, to represent the City of Lathrop in the 2022 SJAFCA advocacy trip to Washington, D. C., from December 5, 2022 to December 8, 2022.
BACKGROUND:
The cities of Lathrop and Manteca requested that S) AFCA expand the existing Joint Exercise of Powers Agreement ( JEPA) in a manner to provide coordinated regional flood protection to include the RD 17 basin. At the time, the SJAFCA JEPA only included three agencies: City of Stockton, San Joaquin County Flood Control and Water Conservation District, and San Joaquin County.
113
CITY MANAGER' S REPORT Page 2
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING
APPROVAL FOR THE 2022 SJAFCA ADVOCACY TRIP TO WASHINGTON, D. C.
The local San Joaquin County land use agencies entered into a Memorandum of Understanding with Reclamation District ( RD) 17 on May 16, 2016, to reach conceptual agreement for broad collaboration among the land use agencies and RD 17 regarding the planning and design work and implementation of 200- year flood protection project in the RD 17 basin.
Pursuant to the MOU, representatives from San Joaquin County, and the cities of Stockton, Lathrop, and Manteca have been meeting with San Joaquin Area Flood Control Agency ( SJAFCA) and RD 17 staff to evaluate and explore options for the governance, adoption, and implementation of the this project. On January 29, 2018, the City Council approved Resolution 18- 4339, approving an amendment and restated JEPA with SJAFCA, to include the cities of Lathrop and Manteca as voting members.
Each year, representatives of the SJAFCA Board of Directors travel to Washington, D. C., to meet with federal representatives and policymakers in Congress to discuss SJAFCA' s priority projects. During the SJAFCA Board Meeting on August 18, 2022, staff was directed to begin preparations for the upcoming advocacy trip to Washington D. C. and coordinate travel with the member agencies. Availability for this trip was discussed with both Vice Mayor Lazard and Councilmember Akinjo, and both are available to attend.
Tonight, staff is requesting authorization for out- of-state travel for Vice Mayor Lazard, Councilmember Akinjo and City Manager Stephen Salvatore, to represent the City of Lathrop in the 2022 SJAFCA advocacy trip to Washington, D. C., from December 5, 2022 to December 7, 2022.
REASON FOR RECOMMENDATION:
This travel will help promote regional projects and the City of Lathrop' s future development, specifically as it related to the Mossdale Tract.
FISCAL IMPACT:
The travel cost per person is approximately $ 2, 500 to $ 3, 000. There are sufficient funds included in the FY 22- 23 training and travel budgets for the City Council and City Manager for this travel. A budget amendment is not needed for this trip.
ATTACH M ENTS:
A. Resolution
114
CITY MANAGER' S REPORT Page 3
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING
APPROVAL FOR THE 2022 S) AFCA ADVOCACY TRIP TO WASHINGTON, D. C.
APPROVALS:
t 2Z
Te esa Vargas Date
Government Services Director
City Clerk
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Cari James Date
Finance Director
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Michael King Date
Assistant City Manager
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Salvador Navarrete Date
City Attorney
el •L?
S en ]. Salvatore Date
City Manager
115
RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP
AUTHORIZING OUT- OF- STATE TRAVEL FOR THE CITY MANAGER AND THE
COUNCIL MEMBERS REPRESENTING THE CITY OF LATHROP ON THE SJAFCA BOARD OF DIRECTORS, TO ATTEND THE 2022 ADVOCACY TRIP TO WASHINGTON, D. C., DECEMBER 5- 8, 2022
WHEREAS, on ] anuary 29, 2018, the City Council approved Resolution 18- 4339, approving an amendment and restated Joint Exercise of Powers Agreement JEPA) with San Joaquin Area Flood Control Agency ( SJAFCA), to include the cities of Lathrop and Manteca as voting members of S] AFCA; and WHEREAS, each year, representatives of the SJAFCA Board of Directors travel to Washington, D. C., to meet with federal representatives and policymakers in Congress to discuss SJAFCA' s priority projects; and WHEREAS, Lathrop has participated in these advocacy trips since 2018, when Lathrop became a voting member of SJAFCA; and
WHEREAS, during the SJAFCA Board Meeting on August 18, 2022, staff was directed to begin preparations for the upcoming advocacy trip to Washington D. C. and coordinate travel with the member agencies; and
WHEREAS, the City of Lathrop' s Board Members to the San Joaquin Area Flood Control Agency ( SJAFCA) for the 2022 calendar year are Councilmember Paul Akinjo and Vice Mayor Diane Lazard; and
WHEREAS, staff is requesting authorization for out- of- state travel for Vice Mayor Lazard, Councilmember Akinjo and City Manager Stephen Salvatore, to represent the City of Lathrop in the 2022 S) AFCA advocacy trip to Washington, D. C., from December 5, 2022 to December 8, 2022; and
WHEREAS, this travel is recommended to promote regional projects and the City of Lathrop' s future development, specifically as it related to the Mossdale Tract.; and
WHEREAS, the travel cost per person is approximately $ 2, 500 to $3, 000, and there are sufficient funds included in the FY 22- 23 training and travel budgets for the City Council and City Manager for this travel.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby authorizes out- of- state travel for Vice Mayor Lazard, Councilmember Akinjo and City Manager Stephen Salvatore, to represent the City of Lathrop in the 2022 SJAFCA Advocacy Trip to Washington, D. C., December 5 to December 8, 2022.
116
The foregoing resolution was passed and adopted this 14t'' day of November, 2022, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS T FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 117
118
ITEM 4. 11
CITY MANAGER' S REPORT
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE A POLICY ALLOWING STAFF TO ASSIST
WITH THE ADMINISTRATION OF MEDICALLY
NECESSARY PRESCRIBED MEDICATIONS TO
PARTICIPANTS IN CUSTODIAL CARE PROGRAMS
RECOMMENDATION: Adopt a Resolution Approving a Policy Allowing Staff to Assist with the Administration of Medically
Necessary Prescribed Medications to Participants in
Custodial Care Programs
SUMMARY:
Staff is recommending City Council approve a policy to allow staff to assist with the administration of prescribed medications which are medically necessary to participants in custodial care programs with the City of Lathrop.
BACKGROUND:
The Parks, Recreation and Maintenance Services Department strives to ensure that everyone has the opportunity to participate in the City of Lathrop Parks and Recreation programming. The City is committed to complying with all applicable laws and regulations pertaining to those requesting special accommodations. Currently, staff does not assist program participants with administering prescribed medications.
This proposed policy would establish guidelines for assisting with the proper administration of limited prescribed medications and provide liability coverage with the Central San Joaquin Valley Risk Management Authority ( CSJVRMA). CS) VRMA requires approval by the Board of Director's in order to provide an endorsement of liability coverage to member cities who assist with the administration of prescription medications. The Board of Director' s conditionally approved this endorsement for the City of Lathrop at their October 28, 2022 meeting pending the adoption of this policy by the City Council.
REASON FOR RECOMMENDATION:
The City does not currently have a policy to allow staff to assist participants to administer prescribed medication to themselves. The adoption of the proposed policy would allow City staff to assist those participants to administer the medication to themselves without the caregiver present. Additionally, the adoption of this policy will allow CSJVRMA to issue an endorsement of liability coverage to the City of Lathrop for actions related to the administration of prescription medication when acting in compliance with the adopted policy.
119
CITY MANAGER REPORT PAGE 2
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING
APPROVE A POLICY ALLOWING STAFF TO ASSIST WITH THE
ADMINISTRATION OF MEDICALLY NECESSARY PRESCRIBED MEDICATIONS
TO PARTICIPANTS IN CUSTODIAL CARE PROGRAMS
FISCAL IMPACT:
There is no fiscal impact to adopting the proposed policy.
ATTACH M ENTS:
A. Resolution Approving a Policy to Policy Allowing Staff to Assist with the Administration of Medically Necessary Prescribed Medications to Participants in Custodial Care Programs
B. Policy for the Administration of Medically Necessary Prescribed Medications to Participants in Custodial Care Programs
120
CITY MANAGER REPORT PAGE 3
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING
APPROVE A POLICY ALLOWING STAFF TO ASSIST WITH THE
ADMINISTRATION OF MEDICALLY NECESSARY PRESCRIBED MEDICATIONS
TO PARTICIPANTS IN CUSTODIAL CARE PROGRAMS
APPROVALS:
i( v
Theresa nd Date
Director of Human Resources
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Todd eba n Dat
Direc r - Parks, Recreation, and Maintenance Services
1- ' 2ozZ
Salvador Navarrete Date
City Attorney
l/ •ZL
Ste J. Salvatore Date
City Manager
121
ATTACHMENT A
RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP
APPROVING A POLICY ALLOWING STAFF TO ASSIST WITH THE
ADMINISTRATION OF MEDICALLY NECESSARY PRESCRIBED MEDICATIONS TO PARTICIPANTS IN CUSTODIAL CARE PROGRAMS.
WHEREAS, the Parks, Recreation and Maintenance Services Department recommends City Council approve a policy allowing staff to assist participants in custodial care programs with the City of Lathrop with the self-administration of prescribed medications which are medically necessary to; and WHEREAS, the Parks, Recreation and Maintenance Services department strives to ensure that everyone has the opportunity to participate in provided programming and is committed to complying with all applicable laws and regulations pertaining to those with special needs; and
WHEREAS, with respect to minor children who desire to participate in our custodial care programs but need to take prescribed medications during program hours, it shall be the policy of the City of Lathrop to allow City staff to assist those participants who need to self-administer their medications upon receiving a signed waiver and specific written directions; and
WHEREAS, the proposed policy requires recreation staff receive training to ensure compliance with the administration of the policy; and WHEREAS, the Central San Joaquin Valley Risk Management Authority CSJVRMA) has conditionally granted an endorsement of liability coverage to the City of Lathrop for actions related to the administration of prescription medication when acting in compliance with the adopted policy.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve the proposed policy to allow City staff to assist participants in custodial care programs with the administration of inedically necessary prescribed medications.
122
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:
ABSENT:
ABSTAIN:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS T FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 123
ATTACHMENT B
DRAFT
POLICY ASSISTING WITH THE ADMINISTRATION OF MEDICALLY NECESSARY
PRESCRIBED MEDICATIONS TO PARTICIPANTS IN CUSTODIAL CARE PROGRAMS SCOPE: This policy addresses the assistance in administering medication that may be needed so that minor/dependent participants in custodial care programs can be safely included. The medication must be prescribed by a physician for a condition that could otherwise prevent the minor' s participation in the program.
This policy requires the completion of the PARENTAL/ GUARDIAN CONSENT & DIRECTIONS TO STAFF FOR THE SELF-ADMINISTRATION OF MEDICINES or its equivalent for each participant in the program. Retention of this form shall be the same as for other forms of its nature.
DEFINITIONS:
Assistance in Administerin Medication: This policy applies to general actions of city staff that allow participants to self-administer prescribed and over the counter medications.
Medicallv Necessarv: This policy applies to prescribed medications that a physician or licensed healthcare provider recommends in writing that a participant has available and/ or takes during their actual participation in the custodial care program.
Custodial Care Programs: This policy applies only to those programs operated by a Member where the participants are signed in and out by parents or guardians and the participant' s care is accepted as being under those charged with managing the program. Examples are: adult care programs, before and after school programs, day care, summer camps, extended care and overnight trips managed by CSJVRMA Member operated programs.
Emplovee Trainin: All employees who staff custodial care programs must be trained and certified in First Aid, CPR, and Automated External Defibrillators ( AED) ( where applicable). Additionally, specific training in the dosage and purpose of the medication ( i. e. to address allergies/ use of EpiPens, etc.) shall be provided to all affected employees. This information shall be listed on the PARENTAL/ GUARDIAN CONSENT & DIRECTIONS TO STAFF FOR THE SELFADMINISTRATION OF MEDICINES form or its equivalent.
POLICY
The City of Lathrop is committed to complying with all applicable laws and regulations pertaining to those with special needs. With respect to minors/ dependents who desire to participate in our custodial care programs, but otherwise may not be able to because of a need for medically necessary medications during program hours, it shall be the policy of the City of Lathrop to allow staff to assist those participants who need to self-administer their medications. 1 195
124
However, prior to a covered participant being accepted into and/ or rtiCjpate in a custodial care
pro ram, all of the following criteria must be met:
The PARENTAL/ GUARDIAN CONSENT & DIRECTIONS TO STAFF FOR THE SELF-ADMINISTRATION OF MEDICINES form ( Appendix A) or its equivalent shall be completed and signed by the parent/guardian.
All medication must be in their original containers, identifying the prescribing physician, name of inedication and recommended dose, in English.
Participants are responsible for arriving at the program with all necessary medications, supplies, pumps, back- up medications, and any other equipment necessary for the participant to safely self-administer their medications.
Medications and related supplies that must be stored on behalf of the participant shall be done so in a secured, controlled, and accessible manner, by staff.
Medical monitoring of blood sugar levels must be done by parents or guardians prior to attending the program each day, to ensure that they are within the participant' s target range.
Staff will not be responsible for identifying symptoms of hyperglycemia or hypoglycemia, but can assist the participant in checking blood sugar levels with proper training provided by parents or guardians.
Parents/ guardians are responsible for providing all necessary information regarding dietary restrictions, food allergies or special diet considerations to staff.
Participants and parents/ guardians shall be advised and reminded that it is the participant' s responsibility to administer the medication and that staff will only assist as needed. Staff will not give scheduled injections.
It is the responsibility of the parent/ guardian to pick up any medication that remains at the conclusion of the program. Any medication not picked up will be disposed of in a safe manner.
A copy of this policy shall be made available to parents and guardians of affected participants.
ATTACHMENTS
Appendix A — ParentaUGuardian Consent & Directions to Staff for the Self-Administration of Medicines
2 196
125
Appendix A
CITY of LATHROP
PARENTAL/ GUARDIAN CONSENT & DIRECTIONS TO STAFF FOR THE SELFADMINISTRATION OF MEDICINES.
Dependent' s Name Date of Birth Program/ Class
Medical Condition:
Asthmatic: Yes No
Allergies[ NOTE SEVERITY, FOOD RESTRICTIONS, ETC.]
Allergic Reactions, Signs, or Symptoms to Look For:
Medications: Kept at Sight Brought in Daily by Participant Name of Medication: Form: ( liquid, pill, etc.)
All medications, prescription and over the counter, must be provided to Parks, Recreation and Maintenance Services Department in their original packing with your dependent' s full name written on the container. Remember to provide medication cups, spoons or other instruments for the medication' s administration. The medication dosage must be completed below in the INSTRUCTION section. If additional instructions are required, please attach another sheet.
INSTRUCTIONS: Parents/ Guardians — Please write specific step- by-step instructions for staff to follow in the event your dependent has an allergic reaction or displays symptoms of a medical condition. You must confirm these steps with your dependent' s
physician or health care provider. By providing these
instructions, you are consenting to stafPs ASSISTANCE with medicine in the treatment of your dependent.
For ezample: 1. Administer Epi- Pen 2. Administer 2 teaspoons oJliquid Benadryl
3. CaU 911 4. Call Parents/ Guardians at
l.
2. 3.
4. AUTHORIZATION, WAIVER AND REI. EASE
I authorize [ City' s] employees to perform emergency procedures, including assisting with the administration of EpiPens, injections or self-administered medications ( whether over the counter or prescription) or any other steps that 1 have described above to treat any illness, medical condition, allergic reaction, or injury that my dependent may experience.
I recognize and acknowledge that there are certain risks of injury in connection with the administration of inedication to any minor child or dependent. Such risks include, but are not limited to, failing to properly administer the medication, failing to observe side effects, failing to assess and recognize an adverse reaction, fai( ing to assess and/ or recognize a medical emergency, and failing to recognize the need to summon emergency medical services. 3 197
126
Appendix A
CITY of LATHROP
AUTHORIZATION, WAIVER AND RELEASE— continued
I hereby authorize the City of Lathrop employees or staff to assist in the administration of inedication on my behalf or allow my dependent to self- administer ( if permitted by my dependent' s physician) the lawfully prescribed Epi- Pen or other medication in the event of an allergic reaction by my dependent. acknowledge the assistance in administration of the Epi- Pen or other medication to my dependent by an individual who is not a nurse or medical professional may be necessary, and 1 specifically consent to such practice. I hereby waive any claim for myself, my heirs, executors, assigns or personal representatives that I may have against the City of Lathrop its officials, officers, employees, agents or volunteers, from any and a11 claims for damages arising out of or in any way connected to the self-administration, assist- in- administration or failure to administer or attempt to administer any medication to my dependent. I further agree to protect, indemnify, defend and hold harmless the City of Lathrop, its officers, employees, agents and volunteers, for any claims for damages, including attorney fees, arising out of or in any way connected to the self- administration, assist- in- administration, failure to administer or attempt to administer medication to my dependent.
I also give my permission to the City of Lathrop staff to contact emergency services or obtain emergency medical treatment if necessary. I agree to be wholly responsible to payment of any and all medical and emergency services rendered to my dependent.
Signature of Parent/ Guardian: Date•
REMINDERS:
Participants are responsible for arriving at the program with all necessary medications, supplies, pumps, backup medications, and any other equipment necessary for the participant to safely self-administer their medications.
Medical monitoring of blood sugar levels must be done by parents or guardians prior to attending the program each day, to ensure that they are within their target range.
Staff will not be responsible for identifying symptoms of hyperglycemia or hypoglycemia, but can assist the participant in checking b(ood sugar levels with proper training provided by parents or guardians.
Parents/guardians are responsible for providing all necessary information regarding dietary restrictions, food allergies or special diet considerations to staff.
Participants and parents/ guardians shall be advised and reminded that it is the participant' s responsibility to administer the medication and that staff will only assist as needed. Staff will not give scheduled injections. t is the responsibility of the parent/ guardian to pick up any medication that remains at the conclusion of the program. Any medication not picked up will be disposed of in a safe manner. 4 198
127
128
ITEM 4. 12
CITY MANAGER' S REPORT
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE ADJUSTMENTS TO GASB 34 REPORTS
RELATED TO VARIOUS PUBLIC IMPROVEMENT
ACCEPTANCES IN THE CLSP AREA
RECOMMENDATION: Adopt Resolution Approving Adjustments to GASB 34 Reports related to Various Public Improvement
Acceptances in the Central Lathrop Specific Plan
Area
SUMMARY:
The City has been working with Saybrook Fund Investors, LLC and Lathrop Land Acquisition LLC ( collectively referred to as " Saybrook") to complete infrastructure improvements, including roads, utilities, traffic signals, etc., which support and serve the Central Lathrop Specific Plan ( CLSP) community area. Council has accepted numerous public improvements from Saybrook for the CLSP area since 2019, and the GASB 34 Reports associated with the acceptances represented the value of the improvements at that time.
After acceptance, Saybrook has recognized and provided additional costs associated with the improvements not recognized in the original GASB 34 Reports, including engineering, design, change orders, permitting, and other soft costs. The adjusted GASB 34 Reports values need to be approved by City Council to ensure that the City' s asset records are accurate.
Staff recommends that Council adopt a resolution approving adjustments to the GASB 34 Reports related to various public improvement acceptances in CLSP, as detailed in Table 1.
BACKGROU N D:
The City Council adopted the CLSP community area in 2004. The City prepared and certified an Environment Impact Report for the project and adopted a Mitigation Monitoring Program. The City also approved a Development Agreement ( DA) with Richland Planned Communities ( Richland) in 2004. The DA establishes development rights and governs the relationship between the City and Richland. In 2011, Richland relinquished its rights under the DA pursuant to a settlement agreement. In 2016, the City approved the assignment of the DA to Saybrook along with an amendment.
The City has been working with Saybrook to complete infrastructure improvements including, roads, utilities, traffic signals, etc., which support and serve the community. Council has accepted numerous public improvements from Saybrook for CLSP since 2019, and the GASB 34 Reports associated with the acceptances represents the value of the improvements.
129
CITY MANAGER' S REPORT PAGE 2
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING
APPROVE AD) USTMENTS TO GASB 34 REPORTS RELATED TO VARIOUS
PUBLIC IMPROVEMENT ACCEPTANCES IN THE CLSP AREA
After acceptance, Saybrook has recognized and provided additional costs associated with the improvements that were not provided in the original GASB 34 Reports, including engineering, design, change orders, permitting and other soft costs. The adjusted GASB 34 Reports, values need to be approved by City Council to ensure that the City' s asset records are accurate. The GASB 34 Report adjustments are detailed in Table 1 below.
Table 1 - GASB 34 Report Adjustments
Resolution Approved GASB 34 GASB 34 Report
Resolution Ado tion Date Re ort Value Final Contract Cost Ad' ustment 19- 4636 14- Oct- 19 1 284 418. 00 1 668 218. 67 383 800. 67 19- 4658 9- Dec- 19 1 029 000. 00 1 573 484. 84 544 484. 84 20- 4672 13-] an- 20 1 518 492. 00 2 657 392. 00 1 138 900. 00 20- 4690 9- Mar- 20 9 429 937. 40 15 097 532. 69 5 667 595. 29 20- 4757 13- Ju1- 20 1 502 032. 01 1 631 438. 60 129 406. 59 21- 4867 10- Ma - 21 8 572 136. 50 13 679 118. 76 5 106 982. 26 21- 4896 14- Jun- 21 4 774 309. 77 6 916 394. 30 2 142 084. 53 21- 4948 13- Se - 21 6 136 524. 67 8 980 666. 91 2 844 142. 24 21- 4974 11- Oct- 21 410 000. 00 712 530. 50 302 530. 50 22- 5025 14- Feb- 21 1 085 491. 00 1 777 947. 60 692 456. 60 22- 5109 11- Ju1- 22 5 700 357. 00 8 659 011. 69 2 958 654. 69 REASON FOR RECOMMENDATION:
Staff recommends that Council adopt a resolution approving adjustments to the GASB 34 Reports related to various public improvement acceptances in the CLSP to ensure that the City' s asset records are accurate.
FISCAL IMPACT:
There is no fiscal impact to the City.
ATTACH M ENTS:
A. Resolution Approving Adjustments to GASB 34 Reports related to Various Public Improvement Acceptances in the Central Lathrop Specific Plan Area B. GASB 34 Report Detail
130
CITY MANAGER' S REPORT PAGE 3
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING
APPROVE AD7USTMENTS TO GASB 34 REPORTS RELATED TO VARIOUS
PUBLIC IMPROVEMENT ACCEPTANCES IN THE CLSP AREA
APPROVALS:
Zo22
Brad aylor Date
City Engineer
aCari Jam Date
Finance ir ctor
1 - y- ZotZ
Michael King Date
Assistant City Manager
ll-Y- zo -z. L
Salvador Navarrete Date
City Attorney
1l• 8• 2Z
St en J. Salvatore Date
City Manager
131
RESOLUTION NO. 22 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING AD) USTMENTS TO GASB 34 REPORTS RELATED TO VARIOUS PUBLIC
IMPROVEMENT ACCEPTANCES IN THE CENTRAL LATHROP SPECIFIC PLAN AREA WHEREAS, the City of Lathrop adopted the Central Lathrop Specific Plan CLSP) in 2004; and
WHEREAS, in 2016 the City approved the assignment of the DA to Saybrook CLSP, LLC and Lathrop Land Acquisition LLC (" Saybrook") along with an amendment; and
WHEREAS, the City has been working with Saybrook to complete infrastructure improvements including roads, utilities, traffic signals, etc., which support and serve the community; and
WHEREAS, Council has accepted numerous public improvements from Saybrook for the CLSP area since 2019 and the GASB 34 Reports associated with the acceptances represented the value of the improvements at that time; and WHEREAS, after acceptance, Saybrook has recognized and provided additional costs associated with the improvements that were not recognized in the original GASB 34 Reports including engineering, design, change orders, permitting, and other soft costs; and
WHEREAS, the adjusted GASB 34 Report values need to be approved by City Council to ensure that the City' s asset records are accurate. The GASB 34 Report adjustments are detailed in Table 1 below; and
Table 1 — GASB 34 Report Adjustments
Resolution Approved GASB 34 GA56 34 Report
Resolution Adoption Date Report Value Final Contract Cost Adjustment 19- 4636 14- Oct- 19 $ 1, 284, 418. 00 $ 1, 668, 218. 67 $ 383, 800. 67 19- 4658 9- Dec- 19 1, 029, 000. 00 $ 1, 573, 484. 84 $ 544, 484. 84 20- 4672 13- Jan- 20 $ 1, 518, 492. 00 $ 2, 657, 392. 00 $ 1, 138, 900. 00 20- 4690 9- Mar- 20 $ 9, 429, 937. 40 $ 15, 097, 532. 69 $ 5, 667, 595. 29 20- 4757 13- Ju1- 20 $ 1, 502, 032. 01 $ 1, 631, 438. 60 $ 129, 406. 59 21- 4867 10- May- 21 $ 8, 572, 136. 50 $ 13, 679, 118. 76 $ 5, 106, 982. 26 21- 4896 14- Jun- 21 $ 4, 774, 309. 77 $ 6, 916, 394. 30 $ 2, 142, 084. 53 21- 4948 13- Sep- 21 $ 6, 136, 524. 67 $ 8, 980, 666. 91 $ 2, 844, 142. 24 21- 4974 11- Oct- 21 $ 410, 000. 00 $ 712, 530. 50 $ 302, 530. 50 22- 5025 14- Feb- 21 $ 1, 085, 491. 00 $ 1, 777, 947. 60 $ 692, 456. 60 22- 5109 11- Ju1- 22 5, 700, 357. 00 $ 8, 659, 011. 69 $ 2, 958, 654. 69 132
WHEREAS, staff recommends that Council adopt a resolution approving adjustments to the GASB 34 Reports related to various public improvement acceptances in CLSP to ensure that the City' s asset records are accurate.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve the adjustments to GASB 34 Reports related to various public improvement acceptances in the Central Lathrop Specific Plan area. 133
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:
ABSTAIN:
ABSENT:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 134
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ITEM 4. 13
CITY MANAGER' S REPORT
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE AMENDMENT NO. 1 WITH EKI FOR
WASTEWATER DISCHARGE REQUIREMENTS PERMIT
COMPLIANCE
RECOMMENDATION: Adopt Resolution Approving Amendment No. 1 with EKI Environment & Water, Inc., for Groundwater
Monitoring and Reporting Services for Waste
Discharge Requirements Permit Compliance for the
Lathrop Consolidated Treatment Facility
SUMMARY:
Approval of Amendment No. 1 to an existing professional services agreement with EKI Environment & Water, Inc., ( EKI) is requested for EKI to continue to provide groundwater and water supply monitoring and reporting services for compliance with the Lathrop Consolidated Treatment Facility' s Waste Discharge Requirements ( WDRs) through the remainder of FY 2022- 2023.
Staff is requesting approval of Amendment No. 1 for an amount not to exceed 23, 700. Sufficient funds are included in the FY 2022- 2023 approved budget.
BACKGROUND:
EKI has been providing groundwater and water supply monitoring and reporting services to assist the City of Lathrop in meeting the Waste Discharge Requirements WDRs) provisions for the Lathrop Consolidated Treatment Facility ( LCTF) wastewater treatment plants since operations began in 2005. Previously this year, an agreement was issued to EKI to provide services for groundwater monitoring and reporting required by the WDRs.
Additional groundwater and water supply monitoring services from EKI are needed for compliance with the Waste Discharge Requirements ( WDRs) for the Lathrop Consolidated Treatment Facility ( LCTF) for the remainder of FY 2022- 2023.
REASON FOR RECOMMENDATION:
Approval of Amendment No. 1 with EKI will allow the City to comply with the WDRs for the LCTF through the remainder of FY 2022- 2023.
FISCAL IMPACT:
The cost for Amendment No. 1 with EKI for the additional services needed for permit compliance for the remainder of FY 2022- 2023 is $ 23, 700. Funds to pay for these services are included in the budget for FY 2022- 2023 to be paid from Fund 6080- 5034- 420- 0100.
137
CITY MANAGER' S REPORT PAGE 2
NOVEMBER 14, 2022, REGULAR CITY COUNCIL MEETING
APPROVE AMENDMENT NO. 1 TO AGREEMENT WITH EKI, INC. FOR
WASTEWATER DISCHARGE REQUIREMENTS PERMIT COMPLIANCE
ATTACHMENTS:
A. Resolution Approving Amendment No. 1 to the Agreement with EKI Environment Water, Inc., for Groundwater Monitoring and Reporting Services for Waste Discharge Requirements Permit Compliance for the Lathrop Consolidated Treatment Facility for Fiscal Year 2022- 2023
B. Amendment No. 1 to the Agreement with EKI Environment & Water, Inc., for Groundwater Monitoring and Reporting Services for Waste Discharge Requirements Permit Compliance for the Lathrop Consolidated Treatment Facility for Fiscal Year 2022- 2023
138
CITY MANAGER' S REPORT PAGE 3
NOVEMBER 14, 2022, REGULAR CITY COUNCIL MEETING
APPROVE AMENDMENT NO. 1 TO AGREEMENT WITH EKI, INC. FOR
WASTEWATER DISCHARGE REQUIREMENTS PERMIT COMPLIANCE
APPROVALS:
GeS So-' o
Zy/ Zp Z 2—
Greg G on Date
Senior ivil Engineer
y/- aCari James Date
Finance Di ctor
Id • Z7- 2otZ
Michael King Date
Assistant City Manager
D ' Z - Zoz. t
Salvador Navarrete Date
City Attorney
I• 3• Z?
St n J. Salvatore Date
City Manager
139
RESOLUTION NO. 22 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING AMENDMENT NO. 1 TO THE AGREEMENT WITH EKI
ENVIRONMENT & WATER, INC., FOR GROUNDWATER MONITORING AND
REPORTING SERVICES FOR WASTE DISCHARGE REQUIREMENTS PERMIT
COMPLIANCE FOR THE LATHROP CONSOLIDATED TREATMENT FACILITY WHEREAS, EKI has been providing groundwater and water supply monitoring and reporting services to assist the City in meeting the provisions of the Waste Discharge Requirements ( WDRs) for the Crossroads and Lathrop Consolidated Treatment Facility ( LCTF) wastewater treatment plants since 2005; and WHEREAS, previously this year, an agreement was issued to EKI to provide services for groundwater monitoring and reporting required by the WDRs for FY 2022- 2023 through December 31, 2022; and
WHEREAS, additional groundwater and water supply monitoring services from EKI are needed for compliance with the Waste Discharge Requirements ( WDRs) for the Lathrop Consolidated Treatment Facility ( LCTF) for the remainder of FY 2022- 2023; and
WHEREAS, the cost for Amendment No. 1 with EKI for the additional services needed for permit compliance for the remainder of FY 2022- 2023 is $ 23, 700; and WHEREAS, sufficient funds to pay for these services are included in the approved budget for FY 2022- 2023 to be paid from Fund 6080- 5034- 420- 0100.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Lathrop approves Amendment No. 1 with EKI Environment and Water, Inc., for groundwater and water supply monitoring and reporting services for Waste Discharge Requirements permit compliance for the Lathrop Consolidated Treatment Facility for the remainder of Fiscal Year 2022- 2023 for a cost not to exceed $ 23, 700. 140
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:
ABSENT:
ABSTAIN:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 141
ATTACHMENT
AMENDMENT NO. 1
TO THE AGREEMENT BETWEEN THE CITY OF LATHROP AND
EKI ENVIRONMENT & WATER, INC. DATED SEPTEMBER 27, 2022
TO PROVIDE GROUNDWATER MONITORING AND REPORTING SERVICES FOR LATHROP CONSOLIDATED TREATMENT FACILITY FY 2022- 2023
THIS AMENDMENT ( hereinafter " AMENDMENT NO. 1") to the agreement between EKI Environment & Water, Inc. and the City of Lathrop dated September 27, 2022, ( hereinafter AGREEMENT") dated for convenience this 14 day of November 2022, is by and between EKI Environment & Water, Inc. (" CONSULTANT") and the City of Lathrop, a California municipal corporation (" CITY");
RECITALS:
WHEREAS, CONSULTANT is specially trained, experienced, and competent to perform Professional Engineering Consulting Services, which are required by this agreement; and WHEREAS, CITY selected the CONSULTANT pursuant to said qualifications; and WHEREAS, on September 27, 2022, CONSULTANT and CITY entered into an AGREEMENT to provide Professional Engineering Consulting Services to provide Groundwater Monitoring and Reporting Services for Lathrop Consolidated Treatment Facility FY 2022- 2023, in the amount not to exceed $ 55, 000; and
WHEREAS, CONSULTANT is willing to render such Professional Engineering Consulting Services, as hereinafter defined, on the following terms and conditions.
NOW, THEREFORE, CONSULTANT and the CITY agree as follows:
AMENDMENT NO. 1 TO AGREEMENT
1) Scope of Service. Section ( 1) of the AGREEMENT is hereby amended to add the following:
CONSULTANT agrees to perform Professional Engineering Consulting Services in accordance with the scope of work and fee proposal provided by CONSULTANT, attached hereto as Exhibit "A" in addition to the scope of work in the original AGREEMENT dated September 27, 2022. CONSULTANT agrees to diligently perform these services in accordance with the upmost standards of its profession and to CITY' S satisfaction. 2) Compensation. Section ( 2) of the AGREEMENT for Consulting Services is hereby amended as follows:
City hereby agrees to pay CONSULTANT an additional cost of 23 700 for the services set forth in Exhibit " A" of this AMENDMENT NO. 1, with a total sum not to exceed of 78, 700 ($ 55, 000 for the original AGREEMENT, $ 23, 700 for AMENDMENT NO. 1).
CONSULTANT shall be paid within thirty ( 30) days of receipt of billings containing all information contained in Paragraph 5 of the original AGREEMENT. Compensation for any
142
CITY OF LATHROP — EKI ENVIRONMENT & WATER, INC.
AMENDMENT NO. 1 TO PROVIDE GROUNDWATER MONITORING AND REPORTING SERVICES FOR LATHROP CONSOLIDATED TREATMENT FACILITY FY 2022- 2023 task must be equal to or less than the percentage of task complete. In no event shall CONSULTANT be entitled to compensation for work not included in the original scope of work and this AMENDMENT unless a written change order or authorization describing the extra work and payment terms has been executed by CITY' S Authorized Representative prior to the commencement of the work.
3) Effective Date and Term
The effective date of AMENDMENT NO. 1 is November 14, 2022, and it shall terminate no later than June 30, 2023. AMENDMENT NO. 1 hereby extends the term of the original AGREEMENT to December 31, 2022. All other terms of the original AGREEMENT shall remain in full force and effect.
4) Applicabilitv to Oriqinal Consultant AGREEMENT
All terms and conditions set forth in the AGREEMENT dated September 27, 2022 are still in effect and are incorporated by reference herein and said AGREEMENT is incorporated by reference herein.
5) Siqnatures
The individuals executing this AMENDMENT NO. 1 represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this AMENDMENT NO. 1 on behalf of the respective legal entities of the CONSULTANT and the CITY. This agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
143
CITY OF LATHROP — EKI ENVIRONMENT & WATER, INC.
AMENDMENT NO. 1 TO PROVIDE GROUNDWATER MONITORING AND REPORTING SERVICES FOR LATHROP CONSOLIDATED TREATMENT FACILITY FY 2022- 2023 Approved as to Form: City of Lathrop
City Attorney
O z? zotZ.
Salvador Navarrete Date
Recommended for Approval: City of Lathrop
Assistant City Manager
Michael King Date
Approved by: City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Stephen J. Salvatore Date
City Manager
Consultant: EKI Environment & Water, Inc.
2827 Spafford Street
Davis, CA 95618
Federal ID # 94- 3087395
Lathrop Business License # 20137
Signature Date
Print Name and Title
Page3of3
144
EXHIBIT" "
environment
water
2827 Spafford Street
Davis, CA 95618
530) 341- 2848
ekiconsult. com
21 March 2022
Greg Gibson
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Subject: Proposed Scope of Work and Budget 2022- 2023 Lathrop Consolidated Treatment Facility Groundwater Monitoring and Reporting, WDR No. R5- 2018- 023 City of Lathrop
EKI C2- 035)
Dear Mr. Gibson:
EKI Environment & Water, Inc. ( EKI) is pleased to present this proposed scope of work and budget for providing groundwater monitoring and reporting services for assisting the City of Lathrop ( City) with compliance with Waste Discharge Requirements ( WDR) Order No. R5- 2018-023. Per the City' s request, this Scope of Work( SOW) is for continued Consolidated Treatment Facility( CTF) groundwater monitoring and reporting for the City of Lathrop through December 2022, assumed to include the 2022 Annual Groundwater Monitoring Report ( Annual Report) to be completed by 1 February 2023. Subsequent monitoring and reporting through the remainder of 2023 [the 2023 Semiannual Groundwater Monitoring Event and Subsequent Semiannual Report, is included as an optional task pending the City' s plans to obtain a National Pollutant Discharge Elimination System ( NPDES) permit and subsequent recension of current WDRs. l
BACKG ROU N D
On 6 April 2018, WDR Order No. R5- 2018- 023 was approved by the Regional Water Quality Control Board RWQCB) amending WDR Order R5- 2016- 0028- 01 for the CTF. On 23 September 2019, the RWQCB approved Lathrop' s request to increase flow capacity from 1. 55 million gallons per day ( MGD) to 1. 69 MGD based on the addition of LAA A34, the partial decommissioning of LAA A28, and the increased percolation capacity demonstrated at percolation basin PB- 1, resulting in the issuance of a revised Monitoring and Reporting Plan ( MRP) ( R5- 2016- 0028- 02 Rev2). The approved MRP requires semiannual monitoring of compliance wells and reporting. Two Central Lathrop Specific Plan ( CLSP) wells ( CLSP- 11 and CLSP- 12) installed in 2018 have been sampled for the minimum eight( 8) quarters. On 7 February 2020 EKI submitted a requestto the RWQCB on behalf ofthe City of Lathrop to reduce the monitoring frequency in monitoring wells CLSP- 11 and CLSP- 12 from quarterly to semiannually, but the RWQCB indicated they will not consider the monitoring frequency reduction request until the existing WDR is revised, which is anticipated by 2022. z
Finally, revised MRP R5- 2016- 0028- 03 Rev3 was issued on 3 May 2021 to remove water level monitoring wells RMW- 1, RMW- 2, and RMW- 3 from the monitoring network. 1 Personal communication, Greg Gibson, City of Lathrop, 10 February 2022. z Personal communication, Dina Calanchini, Regional Water Quality Control Board, 22 April 2020.
Daly City, CA• Marin, CA• Oakland, CA• Roseville, CA. Irvine, CA• Centennial, CO• Holyoke, MA• Saratoga Springs, NY 145
Greg Gibson environment
City of Lathrop e I & water
21 March 2022
It is our understanding the City is in the process of obtaining a NPDES permit from the RWQCB to discharge effluent from the CTF to the San Joaquin River (the River) sometime during 2022. Pending discharge to the River, the City plans to request the RWQCB rescind current WDRs orders and to move all existing facilities to the General Order for recycled water use, significantly reducing required monitoring.
SCOPE OF WORK
Task 1 — Groundwater Monitoring and Reporting for the CTF through 2022 Annual Groundwater Monitoring Report
Task 1 consists of CTF WDR Permit Compliance and includes the required annual groundwater monitoring and reporting event. For cost estimating purposes, we assumed monitoring and reporting for Mossdale, River Islands, CTF, Pond S6, and CLSP Land Development Areas only. EKI separated the CTF groundwater monitoring and reporting task into the following five subtasks:
a) Groundwater Monitoring and Laboratory Analysis performed by FGL Environmental ( FGL); b) Sampling Coordination and Oversight by EKI;
c) Well Inspection and Maintenance Coordination by EKI; d) Reporting by EKI ( Annual Report); and
e) Groundwater Monitoring and Reporting Activities for CTF Permit Compliance by EKI.
Groundwater monitoring includes water level measurements, water quality sampling from monitoring wells, and water quality sampling from four recycled water storage ponds. 3 Duplicates and blanks will also be collected as specified in the approved Sampling and Analysis Plan ( SAP); a minimum of 10 percent of the total samples will be field duplicates and a minimum of 10 percent will be field blanks. 2022
Site
3 d(
uarter 4t'' Quarter( Annual)
Total
Water Level Measurement Sites 2 25 27
Well Sample Collection Sites 2 25 27
Pond Sample Collection Sites 0 4 4
Quality Control Sites 1 3 4
Notes•
1. Fourth Quarter 2021 water level data from wells not sampled by FGL will be provided by EKI as part of the annual well inspection.
3 In addition to the monitoring requirements specified in the MRP, this SOW includes monitoring of groundwater in selected wells adjacent to storage ponds, sampling of recycled water storage ponds, and analysis of wastewater indicator constituents. Monitoring of groundwater in wells adjacent to storage ponds can identify possible leaks( for example, in 2007 groundwater quality changes due to a leak in the Pond S4 liner were detected in samples from monitoring well MBRMW- 1). Sample collection and analysis of pond water provides the chemical composition of water applied to the LAAs, and wastewater indicators( stable isotopes and bromide ion) can detect the presence of recycled water in shallow groundwater.
146
Greg Gibson environment
City of Lathrop j & water
21 March 2022
This SOW does not include the collection and reporting of additional non- groundwater data required for the CTF Annual Report ( i. e., pond and land application data, summaries of sludge and/ or solid waste disposal, sludge monitoring results, copies of plant operator certification, and forecasted plant flows). EKI understands the City will collect and report the non- groundwater data for the Annual Report.
The WDR requires one annual report for the monitoring period ending 31 December 2022. The annual report covers July 2022 through December 2022 and is due to the RWQCB 1 February 2023. Additionally, as in years past, EKI may be requested to review and provide comment on issues related to groundwater conditions, the MRP, and monitoring well network modifications ( e. g., well destruction plan review, well destruction and installation reports, and WDR and MRP review). Task 1 includes estimated costs for these incidental permit compliance and report review needs based on requests from previous years ( see Subtask 1e below).
Subtask 1a- Groundwater Monitorin and Laboratory Analvsis( 1 event) EKI' s subconsultant FGL will provide all water quality monitoring and associated water level data collection and analytical services under this SOW. Accordingly, FGL has provided to EKI the estimated costs to collect the required data in accordance with the City' s approved SAP provided in Exhibit A. The total cost for Subtask 1a is$ 17, 700.
Subtask 1b- Samplin Coordination and Oversi ht
EKI will provide coordination and oversight with FGl during the sampling event. The total cost for Subtask 1b is$ 2, 000.
Subtask 1c- Well Inspection and Maintenance Coordination During the 4th Quarter sampling event, in addition to the active monitoring network wells, all monitoring wells for which the City has approved access4 will be inspected by EKI personnel and identified maintenance needs will be communicated to the City of Lathrop Public Works Operations and Maintenance Department. Inspection will include collecting the annual water level measurements. The estimated costs assume that the City has access agreements in place with all applicable landowners and well owners. The total cost for Subtask 1c is$ 10, 600.
Subtask 1d— Reporting
During the performance period, one annual report shall be prepared and submitted to the City. The draft Annual Report shall be provided to the City electronically 10 days prior to the report due date; the final Annual Report shall be provided to the City electronically five days prior to the report due date to facilitate production and submittal to the RWQCB by the City. The total cost for Subtask 1d is$ 17, 400.
These include North Lathrop monitoring wells. As identified during the 4t'' Quarter 2019 well inspection, land ownership changed for five North Lathrop monitoring wells( NMW- 3, MN- N1, MN- N2, MN- N3, and MW- N4). 147
Greg Gibson
I
environment
City of Lathrop water
21 March 2022
Subtask 1e- Groundwater Monitorin and Reportin Activities for CTF Permit Compliance Throughout the performance period, EKI may be requested to review and provide comment on issues related to groundwater conditions, the MRP, monitoring well network modifications, and so forth. This typically includes tasks such as review of well destruction plans, well destruction and installation reports, and WDR and MRP review. Estimated costs for permit compliance and report review based on past requests is$ 800.
Task 2— Groundwater Monitoring and Reporting for the City' s Engineering Feasibility Study As part of the City' s Engineering Feasibility Study Findings Report, Former Land Application Area LAS- 2, four ( 4) down- gradient Mossdale monitoring wells were recommended for semiannual water quality monitoring ( MWM- 5, - 8, - 9, and - 13). Groundwater monitoring includes water level measurements and water quality sampling from the monitoring wells. As part of the CTF monitoring and reporting ( Task 1), well MWM- 5 is sampled annually; therefore, this task includes one additional monitoring event for well MWM- 5, and both annual and semiannual monitoring events for wells MWM- 8, - 9, and - 13. The semiannual event will only include analysis for a partial list of monitored constituents. Duplicates and blanks will be collected as specified in the approved SAP.
This task includes costs associated with: ( a) groundwater monitoring and laboratory analysis performed by FGL, and ( b) reporting by EKI. During the performance period, results from Task 2 groundwater monitoring will be included in the semiannual and annual CTF monitoring reports. The total cost for Task 2 is$ 4, 200.
Task 3 — Optional Groundwater Monitoring and Reporting for the CTF through 2023 Semiannual Groundwater Monitoring Report
Four of the five subtasks discussed under Task 1 ( 1a, 1b, 1d, and 1e) will also be conducted under Task 3 per the Semiannual Report. EKI will not conduct Subtask 1c ( Well Inspection and Maintenance Coordination) under Task 3. The WDR requires one semiannual report for monitoring ending 30 June 2023.
The semiannual report covers January 2023 through June 2023 and is due to the RWQCB 1 August 2023.
The draft Semiannual Report shall be provided electronically to the City for review at least five working days prior to the report due date. The final Semiannual Report shall be submitted by EKI to the City for submittal to the RWQCB by the City. The sampling counts for the Semiannual Report are as follows:
2023
Site
15t( Ztr 2" d
Qtr( Semiannual)
Total
Water Level Measurement Sites 2 43 45
Well Sample Collection Sites 2 21 23
Pond Sample Collection Sites 0 1 1
Quality Control Sites 1 2 3
Notes:
1. River Islands monitoring well water level data has been provided by River Islands' consultant( ENGEO, Inc.). This SOW assumes River Islands' consultant( ENGEO) will continue to provide water level data for the 2023 performance period.
148
Greg Gibson
I
environment
City of Lathrop water
21 March 2022
Task 4— Optional quarterly monitoring of CLSP- 11 and CLSP- 12( 2 events) Task 4 consists of quarterly groundwater monitoring of wells CLSP 11 and CLSP 12 because the RWQCB has not approved to reduce their monitoring frequency. EKI' s subconsultant FGL will provide all water quality monitoring and associated water level data collection and analytical services, while EKI will coordinate access for FGL and process results. Estimated cost for this Task is$ 2, 800.
SCHEDULE
The performance period for this SOW is 1 July 2022 through 30 June 2023. The annual report will be delivered in January 2023 and the optional semiannual report will be delivered in July 2023.
COMPENSATION
We propose that compensation for consulting services by EKI be on a time and expense reimbursement basis in accordance with our attached schedule of charges dated 1 lanuary 2022. Based on the SOW described above and in the attached Table 1, we propose the following budget:
TASK Cost Estimate
Task 1 — Groundwater Monitoring and Reporting for the CTF through the 47, 700 2022 Annual Groundwater Monitoring Report
SUBTOTAL 47, 700
OPTIONAL] Task 2 - Groundwater Monitoring and Reporting for the City' s 4, 200 Engineering Feasibility Study
OPTIONAL] Task 3 — Groundwater Monitoring and Reporting for the CTF 23, 700 through the 2023 Semiannual Groundwater Monitoring Report OPTIONAL] Task 4— Quarterly Monitoring of CLSP- 11 and CLSP- 12 3, 100 TOTAL: 79, 500
TERMS AND CONDITIONS
If this proposal meets with your approval, please provide an Agreement to review and execute.
We are pleased to have the opportunity to continue to work with the City of Lathrop. Please call us at 650) 292- 9100 if you have any questions or wish to discuss this SOW in greater detail. 149
Greg Gibson I
environment
City of Lathrop water
21 March 2022
Very truly yours,
EKI ENVIRONMENT& WATER, INC.
John Fio
Principal Hydrogeologist
Q. 1' GQ1Z C7
Christina Lucero, P. G.
Hydrogeologist
Attachments
Table 1— Budget Estimate for Proposed Scope of Work
EKI Schedule of Charges, dated 2 January 2022
150
7able 1- eudget Estimaie for Proposed Scope of Work
Lathrop CTF Monimring and Reporting
EKIla6or Expenses TOTAL 1)
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TASKS J p"
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askla- GroundwaterMonitorin andLabororo Anal sis levent F :' M= a , n n. s 5: 5: 7 $ 2, 697 5., 53: 97
rv_._ . I 2,375 ti. 3; 5 , 57375
por, asamPr,nr, So So Siao Si+o Siaa
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Lo6oratory Analysis
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Task ib- Sam lin Coordination and Oversi ht 1 event
0 .; J ' u' 0 G CJ 1 tA6
s hcocai o s o a o Sz, 000 So So So Sz, 000
ask lc- Well lns eccion and Maintenance Coordination 1 event 7 - 0 9': _ i. 59 . 1,
Su6total 0 45 4 2 0 $ 9, 000 $ 0 $ 1, 595 $ 1, 600 $ 10,600 askld- Re ortin lre ort
t 1_ 3-, Sd, 3 A2
5'.' 57. 030
7:; S';. J25
Subtohl 2 49 15 16 6 $ 17, 30 $ 0 $ 100 $ 100 $ 17, 400 ask le- Groundwater Monitorin and Re ortin A< tivities for CTF Vermit Com liance s emcai o o i i i 1 Saoo So So So Seoo
task 1 Su6total 54B, 5oo
OPTIONALTask 2 MonitarinQ per Ene neerin¢ Feasi6ility StudV 12 evenls) f__ I y
ier F; lte;; t,, 0 $ 0 $ i75 >! 7> >:'-
aboinroryAnalys s
0 $ 0
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OVTIONALTask 3- Sem' an ual Groundwater Monitorin¢ and Repartine( 1 eventl 0 3. 2:! $ Y.: iJ
S, _
2 1 1 i,; ` Gl Sn ti0 } 739
Subtatal 2 44 12 12 5 $ 14,400 $ 0 $ 9, 214 $ 9, 300 $ 23, 700 OPTIONALTask4- uarterl Montiorin af[ LSP- 11andCLSV- 32 2events tit' S3S,: $ 3h( i $ i4U
e,,_ d q Su So Szoa Szoo Szeo
of mrr anm' vs; s
couo. s/ n„ ions Icnro, ee, sod;« m, ond ros o, ir) So co Sasz 53sz Sssz NiCiateasN 0 SD $ 135 5136 $ 136
rmico/ om, So to 5° a Szes 52as
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Subtotal 0 6 0 1 0 $ 1, 300 $ 0 $ 1, 728 $ 1, 800 $ 3. 100 TOTAL: 4 155 36 38 13 $ 46,900 $ 0 $ 32. 308 $ 32, 600 $ 79, 500 Notes:
l)Subtotals may not ezactly sum due ro rounding.
2) A wmmunications charge of 4% of lahor costs rovers e- mail access, web conferencing, cellphone calls, messaging and data access, file sharing, bcal and long distance telephone calls and conferences, facsimile transmittals, standard delivery U. S. postage, and incidenlal in- house copying. 3" Other Direct Costs" includes direct ezpenses, as listed helow, incurred in connection with the work and will be reimbursed at cost for items such as:
La6oramries and contracmrs.
Rented vehides ortravel.
Field equipment daily rental rate and associated field supplies.
October2022
cz- oss) Page 1 of 1 EKI Environment& Water, Inc.
151
ClienUAddress: City of Lathrop
390 Towne Centre Drive environment
Lathrop, CA 95330 I & water
Proposal/ Agreement Date: 21 March 2022 EKI Proposal/ Project# C2- 035 SCHEDULE OF CHARGES FOR EKI ENVIRONMENT& WATER INC. 2 January 2022 Personnel Classification Hourlv Rate
Officer and Chief Engineer- Scientist 307
Principal Engineer- Scientist 296
Supervising I, Engineer- Scientist 286
Supervising II, Engineer- Scientist 276
Senior I, Engineer- Scientist 265
Senior II, Engineer- Scientist 255
Associate I, Engineer- Scientist 244
Associate II, Engineer- Scientist 230
Engineer- Scientist, Grade 1 214
Engineer- Scientist, Grade 2 202
Engineer- Scientist, Grade 3 185
Engineer- Scientist, Grade 4 165
Engineer- Scientist, Grade 5 145
Engineer- Scientist, Grade 6 128
Project Assistant 130
Technician 116
Senior GIS/ Database Analyst 150
CADD Operator/ GIS Analyst 133
Senior Administrative Assistant 147
Administrative Assistant 115
Secretary 96
Direct Expenses
Reimbursement for direct expenses, as listed below, incurred in connection with the work will be at cost for items such as:
a. Maps, photographs, reproductions, printing, equipment rental, and special supplies related to the work. b. Consultants, soils engineers, surveyors, drillers, laboratories, and contractors. c. Rented vehicles, local public transportation and taxis, travel, and subsistence. d. Special fees, insurance, permits, and licenses applicable to the work. e. Outside computer processing, computation, and proprietary programs purchased for the work.
A Communication charge for e- mail access, web conferencing, cellphone calls, messaging and data access, file sharing, local and long distance telephone calls and conferences, facsimile transmittals, standard delivery U. S. postage, and incidental in- house copying will be charged at a rate of 4% of labor charges. Large volume copying of project documents, e. g., bound reports for distribution or project- specific reference files, will be charged as a project expense as described above.
Reimbursement for company- owned automobiles, except trucks and four-wheel drive vehicles, used in connection with the work will be at the rate of sixty cents($ 0. 60) per mile. The rate for company- owned trucks and four- wheel drive vehicles will be seventy- five cents($ 0. 75) per mile. There will be an additional charge of thirty dollars($ 30. 00) per day for vehicles used for field work. Reimbursement for use of personal vehicles will be at the federally allowed rate plus fifteen percent( 15%).
CADD Computer time will be charged at twenty dollars($ 20. 00) per hour. In- house material and equipment charges will be in accordance with the current rate schedule or special quotation. Excise taxes, if any, will be added as a direct expense.
Rate for professional staff for legal proceedings or as expert witnesses will be at a rate of one and one- half times the Hourly Rates specified above.
The foregoing Schedule of Charges is incorporated into the Agreement for the Services of EKI Environment& Water, Inc. and may be updated annually.
152
ITEM 4. 14
CITY MANAGER' S REPORT
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE PROFESSIONAL CONSULTING SERVICES
AGREEMENT WITH GHD, INC. TO PREPARE THE
LATHROP ACTIVE TRANSPORTATION PLAN, CIP PS
22- 17
RECOMMENDATION: Adopt Resolution Approving a Professional Consulting Services Agreement with GHD, Inc. to
Prepare the Lathrop Active Transportation Plan, CIP
PS 22- 17
SUMMARY:
On January 10, 2022, City Council approved a cooperative agreement with the San Joaquin Council of Governments ( SJCOG) for the City to receive funding towards Capital Improvement Project ( CIP) PS 22- 17 for the Lathrop Active Transportation Plan ( ATP). This project was created to evaluate all forms of mobility and develop a bicycle and pedestrian plan to enhance the safety of active transportation citywide.
On September 6, 2022, the City issued a Request for Proposal ( RFP) for qualified consultants to provide professional engineering consulting services to prepare the ATP. After reviewing and evaluating the five ( 5) proposals received, GHD, Inc. was selected based on their previous work history, qualifications, positive references, and overall understanding of the plan requirements.
Staff is requesting City Council approve a Professional Consulting Services Agreement with GHD in the amount of $ 199, 812 for the preparation of the Lathrop ATP, CIP PS 22- 17. SufFicient funds have been allocated in the FY 22/ 23 approved budget.
BACKGROUND:
The ATP will identify a network of bike and pedestrian facilities that will improve safety and mobility, increase travel alternatives, decrease transportation costs, and potentially reduce collisions. The planning process will engage the public in developing goals, policies, and programs to improve walking and biking conditions within the community. The plan will evaluate all forms of non- motorized transportation by reviewing the existing transportation infrastructure, identifying deficiencies, developing and prioritizing potential projects, holding public meetings to receive public comment, and preparing a plan that can be used to guide development and City initiated projects.
On September 6, 2022, the City issued a Request for Proposal ( RFP) for qualified consultants to provide professional engineering consulting services to prepare the ATP.
153
CITY MANAGER' S REPORT PAGE 2
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING
APPROVE PROFESSIONAL CONSULTING SERVICES AGREEMENT WITH GHD, INC. TO PREPARE THE LATHROP ATP, CIP PS 22- 17
After reviewing and evaluating the five ( 5) proposals received, GHD, Inc. was selected based on their previous work history, qualifications, positive references, and overall understanding of the plan requirements.
Staff is requesting City Council approve a Professional Consulting Services Agreement with GHD in the amount of $ 199, 812 for the preparation of the ATP, CIP PS 22- 17.
REASON FOR RECOMMENDATION:
The City seeks to prioritize active transportation travel by preparing a communitybased active transportation plan. Professional Consulting Engineering Services are needed to complete the ATP, CIP PS 22- 17. Completion of the ATP will improve walking and biking use and help the City address regional goals to reduce vehicle miles traveled ( VMT) and greenhouse gas ( GHG) emissions.
FISCAL IMPACT:
The City has been allocated funding by the Active Transportation Program through SJCOG to fund ( 90%) of the Professional Consulting Services Agreement with GHD.
Sufficient funds ( 10%) have been included in the adopted fiscal year 2022- 23 budget to complement the agreement with GHD. No fiscal impact is anticipated.
ATTAC H M E NTS:
A. Resolution Approving a Professional Consulting Services Agreement with GHD, Inc. to prepare the Lathrop Active Transportation Plan, CIP PS 22- 17 B. Professional Consulting Services Agreement with GHD, Inc. to prepare the Lathrop Active Transportation Plan, CIP PS 22- 17
154
CITY MANAGER' S REPORT PAGE 3
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING
APPROVE PROFESSIONAL CONSULTING SERVICES AGREEMENT WITH GHD, INC. TO PREPARE THE LATHROP ATP, CIP PS 22- 17
APPROVA :
3 — ,' oz 2
e Abarca Date
Assistant Engineer
11 3 Zo' z2
Brad aylor Date
City Engineer
l3lZoZZ
Cari James Date
Finance Director
ll - 3- Zo22
Michael King Date
Assistant City Manager
l ' 3 - Zo tZ
Salvador Navarrete Date
City Attorney
ZZ
Ste J. Salvatore Date
City Manager
155
RESOLUTION NO. 22 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP
APPROVING A PROFESSIONAL CONSULTING SERVICES AGREEMENT WITH GHD, INC. FOR PREPARING THE LATHROP ACTIVE TRANSPORTATION PLAN, CIP PS 22- 17
WHEREAS, on January 10, 2022, City Council approved a cooperative agreement with San Joaquin Council of Governments ( 5] COG) for the City to receive funding towards Capital Improvement Project ( CIP) PS 22- 17 for the Lathrop Active Transportation Plan ( ATP); and
WHEREAS, CIP PS 22- 17 project was created to evaluate all forms of mobility and develop a bicycle and pedestrian plan to enhance the safety of active transportation citywide; and
WHEREAS, the ATP will identify a network of bike and pedestrian facilities that will improve safety and mobility, increase travel alternatives, decrease transportation costs, and potentially reduce collisions; and WHEREAS, the planning process will engage the public into developing goals, policies, and programs to improve walking / biking conditions within the community, and will evaluate current facilities to provide direction for the development and implementation of safe and convenient active transportation modes; and
WHEREAS, on September 6, 2022, the City issued a Request for Proposal RFP) for qualified consultants to provide professional engineering consulting services to prepare the ATP; and
WHEREAS, after reviewing and evaluating the five ( 5) proposals received, GHD, Inc. was selected based on their previous work history, qualifications, positive references, and overall understanding of the plan requirements; and WHEREAS, staff is requesting City Council to approve a Professional Consulting Services Agreement with GHD in the amount of $ 199, 812 for the preparation of the Lathrop Active Transportation Plan, CIP PS 22- 17; and WHEREAS, the City has been allocated funding by the Active Transportation Program through SJCOG to fund ( 90%) of the Professional Consulting Services Agreement with GHD. Sufficient funds ( 10%) have been included in the adopted fiscal year 2022- 23 budget to complement the contract with GHD; and NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve a Professional Consulting Services Agreement with GHD, Inc. for preparing the Lathrop Active Transportation Plan, CIP PS 22- 17. 156
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:
ABSENT:
ABSTAIN:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 157
ATTACHMENT B
CITY OF LATHROP
AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES WITH
GHD, INC.
TO PREPARE THE LATHROP ACTIVE TRANSPORTATION PLAN,
CIP PS 22- 17
THIS AGREEMENT, dated for convenience this November 14, 2022 is by and between GHD, INC. (" CONSULTANT") and the CITY OF LATHROP, a California municipal corporation (" CITY");
RECITALS:
WHEREAS, CONSULTANT is specially trained, experienced, and competent to perform Professional Engineering Consulting Services which are required by this Agreement; and
WHEREAS, CITY selected the CONSULTANT pursuant to said qualifications; and WHEREAS, CONSULTANT is willing to render such Engineering Services, as hereinafter defined, on the following terms and conditions; NOW, THEREFORE, CONSULTANT and the CITY agree as follows:
AGREEMENT
1) Scope of Service
CONSULTANT agrees to perform Professional Consulting Services in accordance with the scope of work and fee proposal provided by CONSULTANT, attached hereto as Exhibit " A" and incorporated herein by reference. CONSULTANT represents it is prepared to and can diligently perform these services in accordance with the upmost standards of its profession and to CITY' S satisfaction. The fee proposal shall include all reimbursable costs required for the performance of the Scope of Services. Payment of additional reimbursable costs considered to be over and above those inherent in the original Scope of Services shall be approved of in advance and in writing, by the CITY.
2) Compensation
CITY hereby agrees to pay CONSULTANT on time and material basis not to exceed 199 812 as set forth in Exhibit " A". CONSULTANT shall be paid any uncontested sum due and payable within thirty ( 30) days of receipt of billings containing all information pursuant to Paragraph 5 below. Compensation for any task must be equal to or less than the percentage of task complete.
158
CITY OF LATHROP — GHD, INC.
PROFESSIONAL CONSULTING SERVICES AGREEMENT TO PREPARE THE LATHROP ACTIVE TRANSPORTATION PLAN (ATP) PROJECT ( PS 22- 17) In no event shall CONSULTANT be entitled to compensation for work not inciuded in Exhibit " A", unless a written change order or authorization describing the extra work and payment terms has been executed by CITY's authorized representative prior to the commencement of the work.
3) Effective Date and Term
The effective date of this Agreement is November 14, 2022, and it shall terminate no later than June 30, 2024.
4) Independent Contractor Status
It is expressly understood and agreed by both parties that CONSULTANT, while engaged in carrying out and complying with any of the terms and conditions of this Agreement, is an independent contractor and not an employee of the CITY. As an independent contractor, CONSULTANT is responsible for controlling the means and methods to complete the scope of work described in Exhibit " A" to City' s satisfaction. CONSULTANT expressly warrants not to represent, at any time or in any manner, that CONSULTANT is an employee of the CITY. 5) Billinqs
CONSULTANT' S bills shall include a list of all tasks, a total amount due, the amounts previously billed, and the net amount due on the invoice. Except as specifically authorized by CITY, CONSULTANT shall not bill CITY for duplicate services performed by more than one person. In no event shall CONSULTANT submit any billing for an amount in excess of the rates or the maximum amount of compensation provided in section ( 2) for either task or for the entire Agreement, unless modified by a properly executed change order.
6) Advice and Status Reportinq
CONSULTANT shall provide the CITY with timely reports, orally or in writing, of all significant developments arising during performance of its services hereunder, and shall furnish to CITY such information as is necessary to enable CITY to monitor the performance of this Agreement.
7) Assiqnment of Personnel
CONSULTANT shall assign only competent personnel to perform services pursuant to this Agreement. If CITY asks CONSULTANT to remove a person assigned to the work called for under this Agreement, CONSULTANT agrees to do so immediately, without requiring the City to process a reason or explanation for its request.
159
CITY OF LATHROP — GHD, INC.
PROFESSIONAL CONSULTING SERVICES AGREEMENT TO PREPARE THE LATHROP ACTIVE TRANSPORTATION PLAN ( ATP) PROJECT ( PS 22- 17) The services shall be performed by, or under the direct supervision, of CONSULTANT' S Authorized Representative: Kendra Ramsey, AICP CONSULTANT shall not replace its Authorized Representative without the prior written approval by the CITY.
8) Assiqnment and Subcontractinq
It is recognized by the parties hereto that a substantial inducement to CITY for entering into this Agreement was, and is, the professional reputation and competence of CONSULTANT. Neither this Agreement nor any interest therein may be assigned by CONSULTANT without the prior written approval of CITY'S authorized representative. CONSULTANT shall not subcontract any portion of the performance contemplated and provided for herein, other than the subcontractors noted in the proposal, without prior written approval of the CITY' S authorized representative.
9) Insurance
On or before beginning any of the services or work called for by any term of this Agreement, CONSULTANT, at its own cost and expense, shall carry, maintain for the duration of the Agreement, and provide proof thereof that is acceptable to the CITY the insurance specified in subsections ( a) through ( c) below with insurers and under forms of insurance satisfactory in all respects to the CITY.
CONSULTANT shall not allow any subcontractor to commence work on any subcontract until all insurance required of the CONSULTANT has also been obtained for the subcontractor. Verification of this insurance shall be submitted and made part of this Agreement prior to execution.
a) Workers' Compensation. CONSULTANT shall, at CONSULTANT' S sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer' s Liability Insurance for any and all persons employed directly or indirectly by CONSULTANT. Said Statutory Workers' Compensation Insurance and Employer' s Liability Insurance shall be provided with limits of not less than one million dollars. In the alternative, CONSULTANT may rely on a selfinsurance program to meet these requirements provided that the program of self- insurance complies fully with the provisions of the California Labor Code. The insurer, if insurance is provided, or the CONSULTANT, if a program of self- insurance is provided, shall waive all rights of subrogation against the CITY for loss arising from work performed under this Agreement.
160
CITY OF LATHROP — GHD, INC.
PROFESSIONAL CONSULTING SERVICES AGREEMENT TO PREPARE THE LATHROP ACTIVE TRANSPORTATION PLAN ( ATP) PROJECT ( PS 22- 17) b) Commercial General and Automobile Liability Insurance.
CONSULTANT, at CONSULTANT'S own cost and expense, shall maintain commercial general and automobile liability insurance for the period covered by this Agreement in an amount not less than one million dollars per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement.
If Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non- owned automobiles.
Coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 ( ed. 11/ 88) and Insurance Services Office Automobile Liability form CA 0001 ed. 12/ 90) Code 1 ( any auto).
Each of the following shall be included in the insurance coverage or added as an endorsement to the policy:
i) CITY, its officers, employees, agents, and volunteers are to be covered as insured with respect to each of the following:
liability arising out of activities performed by or on behalf of CONSULTANT, including the insider' s general supervision of CONSULTANT; products and completed operations of
CONSULTANT; premises owned, occupied or used by
CONSULTANT. The coverage shall contain no special
limitations on the scope of protection afforded to CITY, its officers, employees, agents, or volunteers.
ii) The insurance shall cover on an occurrence or an accident basis, and not on a claim made basis.
iii) An endorsement must state that coverage is primary insurance and that no other insurance affected by the CITY will be called upon to contribute to a loss under the coverage.
161
CITY OF LATHROP — GHD, INC.
PROFESSIONAL CONSULTING SERVICES AGREEMENT TO PREPARE THE LATHROP ACTIVE TRANSPORTATION PLAN ( ATP) PROJECT ( PS 22- 17) iv) Any failure of CONSULTANT to comply with reporting
provisions of the policy shall not affect coverage provided to CITY and its officers, employees, agents, and volunteers. v) Insurance is to be placed with California- admitted insurers with a Best' s rating of no less than A: VII.
vi) Notice of cancellation or non- renewal must be received by CITY at least thirty days prior to such change.
c) Professional Liabilitv. CONSULTANT, at CONSULTANT'S own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than One Million Dollars ($ 1, 000, 000) per claim made and per policy aggregate covering the licensed professionals' errors and omissions, as follows:
i) Any deductible or self-insured retention shall not exceed 150,000 per claim.
ii) Notice of cancellation, material change, or non- renewal must be received by the CITY at least thirty days prior to such change shall be included in the coverage or added as an endorsement to the policy.
iii) The policy must contain a cross liability or severability of interest clause.
iv) The following provisions shall apply if the professional liability coverages are written on a claims made form:
1. The retroactive date of the policy must be shown and must be before the date of the Agreement.
2. 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.
3. If coverage is canceled or not renewed and it is not replaced with another claims made policy form with a
retroactive date that precedes the date of this
Agreement, CONSULTANT must provide extended
reporting coverage for a minimum of five years after
completion of the Agreement or the work.
162
CITY OF LATHROP — GHD, INC.
PROFESSIONAL CONSULTING SERVICES AGREEMENT TO PREPARE THE LATHROP ACTIVE TRANSPORTATION PLAN ( ATP) PROJECT ( PS 22- 17) The CITY shall have the right to exercise at the
CONSULTANT' S cost, any extended reporting
provisions of the policy should the CONSULTANT
cancel or not renew the coverage.
4. A copy of the claim reporting requirements must be
submitted to the CITY prior to the commencement of
any work under this Agreement.
d) Deductibles and Self- Insured Retentions. CONSULTANT shall disclose the self- insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement.
During the period covered by this Agreement, upon express written authorization of the CITY's authorized representative,
CONSULTANT may increase such deductibles or self- insured retentions with respect to CITY, its officers, employees, agents, and volunteers. The CITY' s authorized representative may condition approval of an increase in deductible or self- insured retention levels upon a requirement that CONSULTANT procure a bond
guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
e) Notice of Reduction in Coveraqe. In the event that any coverage required under subsections ( a), ( b), or ( c) of this section of the Agreement is reduced, limited, or materially affected in any other manner, CONSULTANT shall provide written notice to CITY at CONSULTANT' S earliest possible opportunity and in no case later than five days after CONSULTANT is notified of the change in coverage.
f) In addition to any other remedies CITY may have if CONSULTANT fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, CITY may, at its sole option:
i) Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
163
CITY OF LATHROP — GHD, INC.
PROFESSIONAL CONSULTING SERVICES AGREEMENT TO PREPARE THE LATHROP ACTIVE TRANSPORTATION PLAN ( ATP) PROJECT ( PS 22- 17) ii) Order CONSULTANT to stop work under this Agreement or withhold any payment which becomes due to CONSULTANT
hereunder, or both stop work and withhold any payment, until CONSULTANT demonstrates compliance with the
requirements hereof;
iii) Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to other remedies CITY may have and is not the exclusive remedy for CONSULTANT' S breach.
10) Indemnification - CONSULTANT' S Responsibilitv
As to the CONSULTANT' S work hereunder, it is understood and agreed that ( a) CONSULTANT has the professional skills necessary to perform the work, ( b) CITY relies upon the professional skills of CONSULTANT to perform the work in a skillful and professional manner, and ( c) CONSULTANT thus agrees to so perform.
Acceptance by CITY of the work performed under this Agreement does not operate as a release of said CONSULTANT from such professional responsibility for the work performed.
It is further understood and agreed that CONSULTANT is apprised of the scope of the work to be performed under this Agreement and CONSULTANT agrees that said work can and shall be performed in a fully competent manner in accordance with the standard of care applicable to CONSULTANT' S profession.
CONSULTANT shall indemnify, defend, and hold CITY, its officers, employees, agents, and volunteers harmless from and against any and all liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused by the willful misconduct or negligent acts or omissions of CONSULTANT, its employees, subcontractors, or agents, or on account of the performance or character of this work, except for any such claim arising out of the negligence or willful misconduct of the CITY, its officers, employees, agents, or volunteers. It is understood that the duty of CONSULTANT to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance of insurance certificates and endorsements required under this Agreement does not relieve CONSULTANT from liability under this indemnification and hold harmless clause.
This indemnification and hold harmless clause shall apply whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages.
164
CITY OF LATHROP — GHD, INC.
PROFESSIONAL CONSULTING SERVICES AGREEMENT TO PREPARE THE LATHROP ACTIVE TRANSPORTATION PLAN ( ATP) PROJECT ( PS 22- 17) 11) Licenses
If a license of any kind, which term is intended to include evidence of registration, is required of CONSULTANT, its employees, agents, or subcontractors by federal or state law, CONSULTANT warrants that such license has been obtained, is valid and in good standing, and CONSULTANT shall keep it in effect at all times during the term of this Agreement, and that any applicable bond has been posted in accordance with all applicable laws and regulations.
12) Business Licenses
CONSULTANT shall obtain and maintain a City of Lathrop Business License until all Agreement services are rendered and accepted by the CITY. 13) Termination
Either CITY or CONSULTANT may cancel this Agreement upon 30 days written notification to the other party. In the event of termination, the CONSULTANT shall be entitled to compensation for services performed to the effective date of termination; provided, however, that the CITY may condition payment of such compensation upon CONSULTANT' S delivery to the CITY of any or all documents, photographs, computer software, video and audio tapes, and other materials provided to CONSULTANT or prepared by or for CONSULTANT or the CITY in connection with this Agreement.
14) Notices
All contracts, appointments, approvals, authorizations, claims, demands, Change Orders, consents, designations, notices, offers, requests and statements given by either party to the other shall be in writing and shall be sufficiently given and served upon the other party if ( 1) personally served, ( 2) sent by the United States mail, postage prepaid, ( 3) sent by private express delivery service, or (4) in the case of a facsimile transmission, if sent to the telephone FAX number set forth below during regular business hours of the receiving party and followed with two (2) Days by delivery of a hard copy of the material sent by facsimile transmission. Personal service shall include, without limitation, service by delivery and service by facsimile transmission.
To City: City of Lathrop
City Clerk
390 Towne Centre
Lathrop, CA 95330
165
CITY OF LATHROP — GHD, INC.
PROFESSIONAL CONSULTING SERVICES AGREEMENT TO PREPARE THE LATHROP ACTIVE TRANSPORTATION PLAN ( ATP) PROJECT ( PS 22- 17) Copy to: City of Lathrop
Department of Public Works
390 Towne Centre
Lathrop, CA 95330
MAIN: ( 209) 941- 7430
To Consultant: GHD, INC.
2200 21 St Street
Sacramento, CA 95818
Phone: 916) 245- 4218
15) Miscellaneous
a) Consent. Whenever in this Agreement the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent.
b) 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.
c) Definitions. The definitions and terms are as defined in these specifications.
d) 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.
e) 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.
f) Incorporation of Documents. All documents constituting the Agreement documents described in Section 1 hereof and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated in the Agreement and shall be deemed to be part of this Agreement.
166
CITY OF LATHROP — GHD, INC.
PROFESSIONAL CONSULTING SERVICES AGREEMENT TO PREPARE THE LATHROP ACTIVE TRANSPORTATION PLAN ( ATP) PROJECT ( PS 22- 17) g) Integration. This Agreement and any amendments hereto between the parties constitute the entire Agreement between the parties concerning the Project and Work, and there are no other prior oral or written agreements between the parties that are not incorporated in this Agreement.
h) 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.
i) Provision. Any agreement, covenant, condition, clause, qualification, restriction, reservation, term or other stipulation in the Agreement shall define or otherwise control, establish or limit the performance required or permitted or to be required of or permitted by either party.
All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions.
j) 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.
k) Status of CONSULTANT. In the exercise of rights and obligations under this Agreement, CONSULTANT acts as an independent contractor and not as an agent or employee of CITY. CONSULTANT shall not be entitled to any rights and benefits accorded or accruing to the City Council members, officers or employees of CITY, and CONSULTANT expressly waives any and all claims to such right and benefits.
I) Successors and Assigns. The provisions of this Agreement shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties.
m) Time of the Essence. Time is of the essence of this Agreement and each of its provisions. In the calculation of time hereunder, the time in which an act is to be performed shall be computed by excluding the first Day and including the last. If the time in which an act is to be performed falls on a Saturday, Sunday or any Day observed as a legal holiday by CITY, the time for performance shall be extended to the following Business Day.
167
CITY OF LATHROP — GHD, INC.
PROFESSIONAL CONSULTING SERVICES AGREEMENT TO PREPARE THE LATHROP ACTIVE TRANSPORTATION PLAN ( ATP) PROJECT ( PS 22- 17) n) Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Joaquin or in the United States District Court for the Eastern District of California. o) Recovery of Costs. The prevailing party in any action brought to enforce the terms of this Agreement or arising out of this Agreement may recover its reasonable costs, including reasonable attorney's fees, incurred or expended in connection with such action against the non- prevailing party.
16) Notice to Proceed
Prior to commencing work under this agreement, CONSULTANT shall receive a written " Notice to Proceed" from CITY. A Notice to Proceed shall not be issued until all necessary insurances have been received. CITY shall not be obligated to pay CONSULTANT for any services prior to issuance of the Notice to Proceed. 17) Siqnatures
The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the CONSULTANT and the CITY. This agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
168
CITY OF LATHROP - GHD, INC.
PROFESSIONAL CONSULTING SERVICES AGREEMENT TO PREPARE THE LATHROP ACTIVE TRANSPORTATION PLAN ( ATP) PROJECT ( PS 22- 17) Approved as to Form: City of Lathrop
City Attorney
1' 3 - Z Z
Salvador Navarrete Date
Recommended for Approval: City of Lathrop
Assistant City Manager
Michael King Date
Accepted By: City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Stephen J. Salvatore Date
City Manager
CONSULTANT: GHD, INC.
2200 21 st Street
Sacramento, CA 95818
Fed ID #
Business License No. #
Signature Date
Name/ Title
169
G H D EXHIBIT A
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1 Contents
Cover Letter and Statement of Understanding Not in page count i.Firm Qualifications 01
2. Relevant Project Experience& References 03
3. Project Team Organization 08
3. 1 Organizational Chart e8
3. 2 Key Team Members' Bios 09
4. Scope of Work 11
5. Milestone Schedule 17
6. Fee Proposal 18
O GHD 2022
This document is and shall remain the property of GHD. The document may only be used for the purpose of assessing our offer of services and for inclusion in documentation for the engagement of GHD. Unauthorized use of this document in any form whatsoever is prohibited.
The Power of Commitment
171
GHD Inc. 1
2200 21st Street
Sacramento, CA 95818
www. ghd. com
September 27, 2022
Angel Abarca
City of Lathrop
Public Works Department
390 Towne Centre Drive
Lathrop, CA 95330
RE: Lathrop Active Transportation Plan Project CIP PS 22- 17 Dear Mr. Abarca and Members of the Selection Committee:
We are pleased to submit GHD' s proposal for the City of Lathrop( City) Active Transportation Plan( ATP). With the timing of the City' s General Plan Update, we are excited to support this important and timely next step. This action demonstrates the values of the City and recognizes that planning for active transportation is a top priority that will inform future growth, as well as achieve regiona sustainability goals. GHD is fully available and committed to assist you in developing the Lathrop ATP to improve active transportation for residents, workers and visitors of the City of Lathrop.
GHD is currently working on the City of Chico' s ATP and has delivered similar plans for the Cities of Elk Grove, Santa Maria and Gustine in the past two years. We understand the importance of the ATP to improve active transportation facilities within each community, as well as between communities, and will work with project stakeholders to understand and address locally identified needs. Highlighted strengths of our team include:
Industry Leading Planning and Design Experience. G H D Project Manager, Kendra Ramsey, AICP is a recognized expert in the active transportation planning field and serves as Vice President of the Association of Pedestrian and Bicycle Professionals( APBP). She and her team bring direct experience developing local multi- modal networks for California communities with many successful projects completed in the Central Valley.
Proven Community Engagement Processes. The GHD team understands the importance of an effective and inclusive public engagement effort and has a breadth of traditional and virtual engagement experience to draw from.
We excel at working with local organizations and stakeholders to elicit broad engagement and will work with Lathrop community members to craft a strategy that works for your residents and supports strong grant applications to fund project implementation. Our Engagement Lead, Kristin Thigpen, comes to GHD with decades of experience engaging diverse communities. She also has been a key contributor to developing" Vision Zero" strategies and programs.
We Know California. Our planners and engineers have worked with many communities throughout the Central Valley.
Our job is so much more than preparing plans and getting the infrastructure in place. We have a responsibility to our communities to provide equitable transportation solutions that safely serve everyone. We also must do this in away that keeps our most vulnerable road users safe as they access school, work, home, or any other desired destination.
Our commitment is to exceed your expectations with this project and provide an ATP that you, your staff and your community can be proud of. We look forward to working with you on this important project. Please contact Kendra Ramsey with any questions regarding our submittal.
Regards,
Kendra Ramsey, AICP Tod r genza, AICP
Project Manager Project Director
916. 245. 4218 916. 245. 4216
Kendra. Ramsey@ghd. com Todd.Tregenza@ghd. com
The Power of Commitment
172
R sp nslver ss o RFA
1 lnsur r c Requ r n nta
GHD rneets the insurance rit ria.
2 Canfti+ c af Ir terss#
GH[} dt es nc t have arty xistin ar potent3ai car filiet Qf interest relatiue to the perf4rmartce of th ce ttraexu f services resufting firam this RFP.
3. Proprieta y Infarrnatic
Contents qf-this p c t Sat re t`sc t praprietary.
4, Ci ty s ness l e `'
lf awarded' the cr ntract i ifik fie City af La;tl r+ p, Nt' var;rl, obtain and'keep eurr rtt a City u tn s 1: icer se GHD 2200 21st Street Sacramento, CA 95818 T 916. 372. 6606 I W W W ghd. com 173
Statement of Understanding
We will work with the City of Lathrop to develop an innovative and detailed Active Transportation Plan with project and program recommendations that are appropriate to context, community, and future anticipated growth reflected in the update of the Lathrop General Plan.
We know the City of Lathrop is experiencing tremendous Objectives growth. In 2021, Lathrop was identified as the third fastest _ Continue to maintain and improve multi- modal
growing city in California attracting a significant number transportation opportunities
of new residents. These new residents have relocated
from the Bay Area and elsewhere and have benefited Address emerging transportation, housing and from flexible work from home policies since the start of employment trends pandemic, and are seeking to avoid enormous housing
costs. For example, the mixed- use master planned River Circulation Element Islands Community is a place where former Bay Area
The Circulation Element of the General Plan will assist dwellers now make up a high proportion of new residents.
With forming the basis to identify existing and proposed Amenities such as walking trails, recreational facilities, new roadway facilities to develop a safe and connected active schools and proximity to the San Joaquin River, add to the transportation network throughout Lathrop.
desirability of the community. River Islands' developers are also looking to attract companies who might consider Members of our project team have helped dozens of relocating from the Bay area and elsewhere by marketing California agencies develop ATPs that improve facilities for mixed- use campus site locations ready and prepped for bicycling and walking. We emphasize listening intently and groundbreaking and development. Also, the City' s business gathering support from community members to create safe friendly environment is home to leading technology, and comfortable transportation options. Although the City e- commerce, and food related companies including Tesla, is positioned for development and capturing fees, often Wayfair and In- N- Out who have established large scale transportation funding is limited and highly competitive. business divisions. Though these conditions make the City Our job is to prioritize improvements strategically and a desirable community, they also bring challenges. The identify' catalyst' projects that could be funded through combination of new residents and jobs will undoubtedly private and public sources, as well as identifying projects increase trips and traffic. that can easily be delivered through routine roadway maintenance plans. We have also assisted many clients in Additionally, the' build- out' of the General Plan Update securing significant grant funding to implement projects forecasts the population to reach above 95, 000 by 2040, identified in the plans we develop; we approach each plan from the current 30, 659 in recent US Census estimates. as an opportunity to set our clients up for funding success.
GHD will deliver an ATP that supports the City' s growth with a safe and comfortable bicycling and walking network. Challenges vs. Opportunities With all this in mind, GHD will provide expertise and
Our understanding of the challenges and opportunities in guidance empowering the City to champion ATP
the City of Lathrop has helped us identify several project recommendations and strategies that result from this
challenges and unique approaches to address them, as
project which will support implementation of objectives outlined in Table i-i on the following page. in the General Plan Update, with specific focus on transportation. Plan objectives and elements from the
General Plan Update to help set the course for a successful delivery of the ATP include:
GHD City of Lathrop Lathrop Active Transportation Plan IV 174
Table i-1. Familiarity with City of Lathrop and GHD Approach I
I
Often, plans and policies have goals and
objectives that are contradictory. For
example, minimum parking requirements
encourage more car ownership and driving.
We will review relevant local, regional and
state plans, programs and projects with the
intent to identify measures that hinder active
transportation.
We will anal Y ze growth and develo P ment
outcome assumptions to create scenarios
that clearly identify what active transportation
projects and programs to prioritize.
9t,. j„,
Local agencies are steadily implementing
complete streets networks to achieve
greenhouse gas( GHG) and vehicle miles
traveled( VMT) reduction targets.
Our expertise in transportation planning allows
GHD to have a deep understanding of day- today transportation trips taken by residents, visitors and workers. Our analysis will support
recommendations that meet statewide climate
change objectives, as well as encourage the
shift of trips from driving to walking, bicycling,
and transit.
Active transportation networks including
15 bikeways are often interrupted by interstate
g;, highways. Many cities are also typically
constrained by roadways that lack adequate,
u` separated facilities for bicyclists.
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Our work with community members to
locate ideal routes for bicyclists and pathway
needs for pedestrians allows us to develop
recommendations that address challenges
r °`"'
including physical barriers while being
cognizant of cost and right- of- way needs.
where possible.
r
Many Central Valley communities have limited
resources to fund active transportation
improvements, and often have challenges with
ongoing roadway maintenance.
Funding sources such as the Active
Transportation Program are competitive and
oversubscribed, so we look to identify and
recommend other funding opportunities, when
possible.
GHD City of Lathrop Lathrop Active Transportation Plan V 175
o
Firm Qualifications
About GHD
GHD provides transportation planning and engineering, environmental, advisory, digital, and construction services to private and public sector clients. Operating globally and delivering services locally, we offer clients the ability to develop aworking relationship with our local staff while having access to our global experience base. Put simply, we work where our clients work. Our business model is to work internationally and deliver locally.
Firm Information Transportation Services
Established in 1928, GHD is awholly- owned subsidiary- a GHD has an excellent performance record with municipal privately held international engineering firm owned by our and government agencies throughout California. Many people and operating across five continents. We are one of GHD' s past and current projects include the following of the world' s
leading professional services companies services:
operating in the global markets of Transportation, Water, Active Transportation Planning and Design Energy and Resources, Environment, and Property and
Transportation Pla ning/ Design
Buildings. Our people can offer decades of knowledge,
Complete Streets/ Streetscape Design
as well as a deep understanding of the challenges facing businesses and communities today. We deliver projects
Civil Engineering
with high standards of safety, quality, and ethics across Landscape Architecture/ Wayfinding
the entire asset value chain. Driven by a client service- led — Roundabout Planning/ Design culture, we connect the knowledge, skill, and experience of our people with innovative practices, technical capabilities, and robust systems to create lasting community benefits. xti.'' :
5. ` Our California
p
4 - offices staff 450
employees, including
150+ transportation
s ; `" professionals.
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Committed to You
GHD is dedicated to understanding and helping our clients achieve their goals. We are committed to sustainable development, safety and innovation. We care for the wellbeing of our people, assist communities in need, and conduct business in an ethical and environmentally responsible manner. We can also offer our clients the confidence and peace of mind that comes from the fact that GHD is ranked 28th in the" Top 150 Global Design Firms" by Engineering News- Record in 2021.
Don' tjust take our word for it
The cornerstone of our business is a client- centered a project team to meet the needs of this project, which is culture and teamwork- based approach known as" One detailed in the Project Team Organization section, because GHD". We are proud of our long tradition of repeat, local of their in- depth knowledge of delivering several critical government clients. A full 90% of our clients are elements of the ATP including GIS, multimodal planning agencies or government entities, and 75% of and design expertise, stakeholder engagement and our work comes from repeat clients. We believe funding opportunities. The organizational chart details our proposed team, including disciplinary- based roles tailored this illustrates not only our knowledge of specialized to your project and additional staff may be called on if engineering disciplines, but also our willingness to listen needed or desired. and respond to individual client needs. Each of our project managers is an advocate for his or her client through the The following sections in the proposal presents the design, permitting, and construction process. relevant experience and qualifications of this diversely balanced group of industry- recognized leaders assembled Bringing the right expertise and resources just for your ATP project.
Based on our understanding of your project needs, we
propose a team structure that spans the anticipated
needed services to deliver the ATP. We have handcrafted GHD City of Lathrop Lathrop Active Transportation Plan 2 177
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Active Transportation Planning
Our team helps create active, connected communities where bicycling and walking are part of a healthy lifestyle and sustainable transportation system. We have considerable experience assisting local agencies with planning and creating bicycle and pedestrian infrastructure and providing safe, efficient, and accessible connectivity for local communities and regional networks.
Project Manager, KendraRamsey, AICP is recognized CWBTAC), assisting in development of statewide policy as a national leader in the field and serves as Vice and implementation for active transportation best President of the Association of Pedestrian and Bicycle practices. She and her colleagues work to increase active Professionals( APBP), the premier professional transportation in communities with a focus on improving organization for active transportation practitioners. facilities for disadvantaged residents. In addition, GHD' s She is also recognized as a Safe Routes to School transportation professionals bring experience from SRTS) National Course Instructor and has worked with planning and funding through design and construction, many communities throughout California to develop giving us the ability to craft actionable, feasible plans that solutions to local active transportation challenges. She the City can implement. serves on the California Department of Transportation
California Walk and Bike Technical Advisory Committee
GHD City of Lathrop Lathrop Active Transportation Plan 3 178
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Chico Active Trans portation Plan
Chico, CA
Client Objective
City of Chico Develop the City of Chico' s first Active Transportation Plan, incorporating pedestrian needs with an updated assessment of bicycle needs since the prior Reference Bicycle Plan was adopted in 2a19.
Jesse Hudson, Assistant Planner
City of Chico, Public Works, Engineering Project Description 411 Main Street, Chico, CA 95928 The Plan is focused on developing refreshed active transportation network T 530.879.6943 recommendations to meet current facility design best practices, including Ejesse. hudson@chicoca. gov incorporating Class IV Separated Bikeways and supporting a safe, comfortable, and connected network to help achieve mode shift to bicycling and walking.
Date
03/ 2022- Present The Plan will include robust community engagement, including direct outreach to stakeholder groups, community workshops, and an interactive website with a Value variety of input tools throughout the project. The first community workshop was 299, 724 held recently and was attended by over 100 people. An interactive online map to collect location- speciflc feedback has received nearly 900 comments.
Relevant Team Members The Plan, which is set to be completed mid- 2023, will provide an actionable, Kendra Ramsey( PM), Todd Tregenza, Paige fiscally constrained blueprint for the future of Chico's bicycling and walking Thornton, Tony Jusay, Patrick Lewis, Manu network, building on Chico' s identity as a bicycling community and facilitating Agni connections to schools, shopping, employment, and other destinations. It will support the City' s Climate Action Plan Goals, recommend policy and ordinance changes as appropriate to facilitate implementation of infrastructure improvements, and include programmatic recommendations to increase bicycling and walking in Chico. The project website is live and can be viewed here:
www. ChicoATP. com.
GHD City of Lathrop Lathrop Active Transportation Plan 4 179
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Elk Grove Bicycle, Pedestrian and
Trails Master Plan EI k G rove, CA
Client Objective
City of Elk Grove Develop a Bicycle, Pedestrian and Trail Master Plan which is actionable, financially constrained, includes prioritized projects to improve bicycle and pedestrian Reference
mobility within the City of Elk Grove, and prepares the City to seek grant funding.
Carrie Whitlock, Strategic Planning& Develop an Active Transportation Fee Program to allow the City to assess and Innovation Program Manager collect fees on new development to fund active transportation improvements to City of Elk Grove City Manager' s Office serve those developments and the community. 8401 Laguna Palms Way
Elk Grove, CA 95758 Project Description
T 916. 478. 2238 The City of Elk Grove Bicycle, Pedestrian, and Trails Master Plan incorporates E cwhitlock@elkgrovecity. org current active transportation best practices, the City' s recently adopted Climate Action Plan goals and objectives, and the City' s General Plan land use and Date
transportation projections to create a network of facilities which make walking 01/ 2020- 05/ 2021 and bicycling in Elk Grove comfortable, pleasant, and viable options for residents.
Value The Plan is rooted in extensive prior community engagement and survey efforts 249, 978 and addresses both the City's urban neighborhoods and rural residential areas.
An updated set of Design Protocols accompanies the Plan, providing guidance to Relevant Team Members City staff and developers designing and implementing facilities in the City.
Kendra Ramsey( PM), Kamesh Vedula, With community engagement for the project set to launch just as the COVID- 19 Todd Tregenza, Paige Thornton pandemic hit, GHD worked with the City to implement remote engagement strategies, including focus groups held via web conferencing, a web- based participatory mapping platform, and virtual open house meetings.
The Plan was adopted by the Elk Grove City Council in May 2021 and is available to be viewed here: https:// bit. ly/ 39zp8Yz.
GHD City of Lathrop Lathrop Active Transportation Plan 5 180
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Active Transportation Plan
Santa Maria, CA
Client Objective
City of Santa Maria Develop an Active Transportation Plan which is actionable, includes prioritized projects to improve bicycle and pedestrian mobility within Santa Maria, and Reference
prepares the City to seek grant funding.
Eric Riddiough, PE, City Engineer, City
of Morro Bay Public Works Department Project Description formerly City of Santa Maria) G HD developed an update to the City of Santa Maria ATP using a performance595 Harbor Street, Morro Bay, CA 93442 based approach. An active transportation infrastructure inventory, including highT 805. 772. 6569 priority ADA- accessibility review and a detailed Level of Traffic Stress analysis was E eriddiough@morrobayca. gov performed to identify the relative connectivity of the low stress bicycle network within the City. A complete pedestrian and bicycle collision analysis was also Date
performed to highlight areas with higher needs for improvement. 12/ 2018- 01/ 2021
Given the diversity of the Santa Maria community, GHD used both traditional Value in- p.erson workshops, online workshops, and pop- up events with a particular 250, 513 focus on the Spanish- speaking community of Santa Maria. A community survey was distributed by Promotores( health advocates) at primarily- Spanish- speaking Relevant Team Members community events, and an informational flyer was sent home with all 17,000 Kendra Ramsey( PM), Kamesh Vedula, students in Santa Maria schools. A website also provided access to the survey Todd Tregenza, Paige Thornton as well as an interactive map to collect comments. Based on the technical analyses and public input, GHD developed improvement recommendations, which were prioritized with stakeholder feedback. GHD also completed an Active Transportation Program Cycle 5 grant application for a package of high- priority projects. The ATP was adopted in January 2021 and is available to view at https:// bit.ly/ 3cdr632.
GHD City of Lathrop Lathrop Active Transportation Plan 6 181
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Gustine Active Transp
ortation Plan
Gustine, CA
Client Objective
City of Gustine Develop a comprehensive active transportation plan for the City of Gustine Reference which addresses transportation needs to community destinations such as schools, parks, and civic facilities. Help prepare City to seek grant funding for Jami Westervelt, Economic& Community implementation.
Development Director
City of Gustine Description
352 Fifth Street Gustine, CA 95322 GHD developed the first Active Transportation Plan for the City of Gustine, T 209. 854.6471 a small rural community in Merced County. Gustine is well- suited to walking Ejwestervelt@cityofgustine. com and bicycling, with a relatively small footprint and flat terrain; barriers to active transportation include the railroad and a state highway bisecting the City. GHD Date worked with the City to establish achievable goals for the Plan, based on recent 05/ 2021- 12/ 2021
successes in implementing new multi- modal improvements, and drawing from Value community feedback on desired connections for safer facilities for walking and bicycling. The Plan establishes both a long- term vision and short- term priorities 134, 935 for improving walking and bicycling in Gustine. It provides recommendations for Relevant Team Members a comprehensive bicycle and pedestrian network to provide access to schools, downtown, parks, and other destinations. These proposed infrastructure projects Kendra Ramsey( PM), Paige Thornton,
are paired with recommendations for policy changes as well as education, Kamesh Vedula
encouragement, and evaluation programs.
Outreach for the project was conducted during the COVID- 19 pandemic and included multiple workshops virtual workshops as well as an interactive project website with a map- based feedback tool. Outreach was also conducted to through an advisory committee of community members, as well as in- person outreach at outdoor community events.
The project was successfully completed on an accelerated six-month timeline to meetproject funding requirements.
GHD City of Lathrop Lathrop Active Transportation Plan 7 182
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Project Team Organization
An integrated, customized team designed to drive value- based solutions.
The GHD team is truly an integrated, customized team designed to leverage the knowledge and experience of our technical resources to meet the demands of the City. Our team presented in the organization chart below is configured to maximize success and is ready and available to start.
3. 1 Organizational Chart
s` Todd Tregenza, AICP
Kamesh Vedula, PE, TE
Kendra Ramsey, AICP
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Tony Jusay
Transportation Planner/ GIS Project Engineer
Paige Thornton Michael Pitcock, PE
Transportation Planner Design Support
Patrick Lewis Chris Doud, EIT
Planning Support Public Engagement
Manu Agni Kristin Thigpen
GHD City of Lathrop Lathrop Active Transportation Plan 8 183
3. 2 Project Team Qualifications
This team of key individuals will be dedicated throughout the project, and no staffing changes will occur without prior approval from the City. This dedicated team approach will ensure project continuity and increased efficiency in project delivery, which will be critical to meeting your project goals. We briefly introduce our key personnel below and the services they will provide.
Todd Tregenza, AICP Project Director
Responsibilities: As Project Director, Todd will provide general team oversight and support and assist in the resolution of any project issues or challenges, as needed. Todd will apply his complete streets planning experience to help develop responsive solutions and meet project objectives. He will be available to the City for contractual needs should any issue arise related to staffing, scope, schedule or budget.
Todd Tregenza has 15 years of experience in transportation planning projects, assisting dozens of agencies throughout central and northern California in short- and long- range programming, including the development of travel demand models, general plan circulation elements, specific and master plans, corridor studies, capital improvement programs, nexus and fee studies, transportation operational analyses, and impact analyses. This experience spans public and private sectors, extending into on- call contracts and arrangements with municipalities, where Todd prepares transportation studies and grant applications, performing peer reviews of impact studies and developing California Environmental Quality Act( CEQA) impact analyses for development projects of all sizes.
Education BS, Community and Regional Development Yrs. Exp. 15 Quals. American Institute of Certified Planners( AICP) Certifled Planner# 29678 Yrs. w/ GHD 13 Kendra Ramsey, AICP Project Manager
Res P onsibilities: As Y our Pro J ect Mana g er and main contact Kendra will mana g e develo p ment of content and deliverables, coordinate and perform technical review, and direct the work of subject matter experts to achieve an efficient and effective project delivery. Kendra will also be a key contributor to the community engagement program.
Kendra Ramsey has 15 years of experience in active transportation and sustainable land use a<,.: r: planning, policy, program design, and implementation. She has cross- sector expertise in community engagement, public health, and transportation equity. Kendra' s experience includes state and local government, as well as the non- profit sector. She has managed the development of numerous Active Transportation Plans( ATP) for municipal and county clients, developed and implemented Safe Routes to School( SRTS) plans and programs, consulted on effective active transportation accommodation within large roadway projects, and written successful regional and state grant applications for local agencies.
Education MS, Community Development; BA, Sociology Yrs. Exp. 15 Quals. American Institute of Certified Planners( AICP) Certified Planner# 32395; Yrs. w/ GHD 3 Safe Routes to School National Course Instructor
GHD City of Lathrop Lathrop Active Transportation Plan 9 184
Tony Jusay Asst. Project Manager/ Active Transportation Planning Lead Responsibilities: Tony will serve as Assistant Project Manager ensuring that the City' s needs are effectively met, as well as tracking and completing important follow up actions. He will also provide detailed review of plans, policies and contribute to identifying key needs assessment strategies.
Tony Jusay has 17 years of experience in bicycle, pedestrian and transit access planning, program t, / design and oversight, construction support, and implementation and operations. Key areas include first- last mile to transit, transit- oriented and equity focused communities, complete streets policies, bike safety education, active transportation funding programs, and local and regional transportation planning. Tony worked in the public sector for the Los Angeles County Metropolitan Transportation Authority( LA Metro) from July 2005 to March 2022. His diverse experience ranges from navigating funding programs at the countywide level, to leading corridor projects at the early planning phases including feasibility studies and alternatives analysis. Tony has also implemented bicycle- parking facilities considered as first- last mile, mobility hubs where he coordinated design, assisted with support during construction and managed program operations.
Education MS, Regenerative Studies; BS, Geography( Geographic Information Yrs. Exp. 17 System( GIS) Emphasis)
Quals. Experienced senior planner in active transportation and first- last mile planning Yrs. w/ GHD < 1 Paige Thornton Transportation Planner/ GIS
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Responsibilities: Paige will lead the collection and analysis of data, including existing conditions basemapping, analysis, and developing recommendations shapefiles. i Paige possesses strong communication skills, with a background in local government, as well as client- facing and customer service roles. She is an analyst who provides support on avariety of planning and land use projects, including active transportation plans, multimodal corridor/ connectivity studies, and Vehicle Miles Traveled( VMT) mitigation studies. With extensive analytical and technical project experience utilizing GIS, data analysis and Creative Suite software, Paige excels in managing and analysing spatial and non- spatial data and supporting public outreach efforts.
Education BA, American Studies& Political Science( Minor: Urban Studies& Planning) Yrs. Exp. 4 Quals. Skilled GIS analyst specializing in supporting transportation planning studies Yrs. w/ GHD 4 Kristin Thigpin Public Engagement
Responsibilities: Kristin will work closely with Kendra and support the City in stakeholder coordination.
Kristin Thigpen has 22 years of experience in strategic planning, communications, community engagement, and funding program management. She has consulted on engagement projects for n, academia, private sector clients, government, and non- governmental organizations including s
innovative" Vision Zero" strategies. Kristin has developed and administered grant programs and directed communications programs and stakeholder engagement. She has experience working with regulatory agencies on compliance and permitting in conservation, solid waste, recycling, hazardous waste, and wastewater. Kristin values innovation and has strong collaborative relationships throughout Sonoma County public agencies, non- profit organizations, and the Northern San Francisco Bay Area.
Education BA, International Studies; BA, French Yrs. Exp. 22 Quals. Project Management Certificate, 2019 Yrs. w/ GHD < 1 GHD City of Lathrop Lathrop Active Transportation Plan 10 185
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Lathrop Active Transportation Plan
Workplan
GHD proposes the following Work Plan to accomplish the Deliverables:
Scope of Work outlined in the RFP. We have included detail _ Kick- off meeting agenda
on our approach to deliver each of the tasks.
Handout materials outlining project approach, schedule
For each applicable task, draft deliverables will be and budget revised based on one set of consolidated, internally Meeting minutes consistent comments received from the City before being incorporated into the final deliverable. Task 1. 2: Project Management GHD will schedule and facilitate monthly meetings with
TASK i:PROJECT ADMINISTRATION the City Project Manager, as well as include task leads, as necessary. Meetings will be conducted virtually and will Task 1. 1 Project Initiation focus and give particular attention to task and deliverable progress. The GHD Project Manager will provide monthly G HD will work with the City' s Project Manager to schedule invoice packages that document hours worked and
the project kick- off meeting within two( 2) weeks of
reimbursable expenses; a project status report will provide receiving the notice to proceed. We will outline meeting updates of the work performed and provide back up to goals and objectives to set the project up for success:
report on task progress for invoicing.
determining communication protocols, clarifying the
project scope and schedule, discussing timeline and Deliverables:
format for deliverables, deliverable review protocol, and Monthly check- in meeting agendas, meeting minutes discussing critical data and information needed from the City to allow GHD to remain on the identified schedule. and action items
Following the meeting, and within five( 5) days, GHD will Monthly invoice packages with project status report provide meeting minutes with action items identified and an ongoing meeting schedule for the City' s review and
comment.
GHD City of Lathrop Lathrop Active Transportation Plan 11 186
TASK 2: PUBLIC ENGAGEMENT EXAMPLES OF PROJECT WEBSITE FEATURES Task 2. 1: Public Participation Plan a
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G HD' s public engagement will gather input from a wide and diverse cross section of the community and stakeholders.
GHD will develop a Public Participation Plan( PPP) for the ATPthat clearly details outreach steps, activities and efforts t a..-; w v
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needed to provide project information to the community, to gather ideas from the community, and receive focused feedback. GHD understands that Lathrop is adiverse
community. We will also develop an ATP plan that can
demonstrate disadvantaged community benefit and
environmental justice. Project promotional materials will be both in English and Spanish at a minimum. We are wellversed in providing materials in multiple languages, using Example ofHome Poge on website
native speakers to develop technical translations of project a , a materials such as flyers and workshop content to maintain information integrity. We work with our clients to develop y ,„„ ,_ an appropriate interpretation strategy for each project, ranging from simultaneous interpretation, to holding r. a workshops in the primary language with interpretation
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health concerns and determine the feasibility of in- person , r ° . ; ° ;',,.'' events or whether to host meetings virtually. GHD has r ' ; s.,, "- ' o. achieved much success in executing virtual meetings. All o public outreach feedback and information will be captured r `,, a ' - %' ' v• ;
and documented in an Appendix of the Lathrop ATP. 4'
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Delivervbles: Examp/ e of interactive public feedback map on website Public Participation Plan
a 1. What are the main roadway saFecy issues fo Waterford2 Value- Added Task Enhancement checka° a aoP"
Incersecti0ns
To increase value for the overall Public Engagement Task, r`' e`°" ' R P o ,:
GHD offers to develop a project website which will include dRE pa u, s, project background and goals, schedule, project team i aaeao v, g t ncanCrolled Roadway s
contact information, and an o p tion to subscribe for email C LacRofMfrastr, 6u- e so v(,€ rke. f r> ieces, updates. It will also host the project survey, as well as an UCnar* interactive public feedback map to solicit comments
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on existing conditions and needs during virtual events.
The website will provide muitiple language functionality, z ev- ,.
allowing the user to select their desired language to view translated content. As the project progresses, information about public outreach opportunities and draft materials for review will be posted on the website for the community.
GHD will update monthly and as needed and provide
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content for the City to post to its website as well, if desired. ,, - Deliverables:
Project website
Example of survey on website
GHD City of Lathrop Lathrop Active Transportation Plan 12 187
Task 2. 2: Public Input Survey includes members of the community that may not feel A project survey will allow collection of opinions on
as comfortable in a digital environment and would prefer existing conditions for bicycling and walking needs, to meet in person, whether at a scheduled standalone and other information to assist in the development of outreach event or at a project booth that brings in- person recommendations and strategies for the Lathrop ATP. engagement to an outdoor event they may already be G HD will create one( 1) community survey that could be attending. Our team specializes in translating complex physically mailed to community members or hosted online technical issues, design details, and transportation jargon if preferred.
into relatable and approachable terms.
We will provide the survey content and print design to the n coordination with the City, we anticipate some in- person City. The City can then use their internal mail department events will be possible during ATP development while to print and mail the survey to local residents and some events may need to be virtual. Accordingly, we plan stakeholders. Working with other agencies we have found to conduct a hybrid of both in- person and virtual events, this to be an effective measure to reach a larger number With the ability to move events entirely virtual if conditions of community members. The survey will feature questions require us to do so. As a Value- Added Task Enhancment, that get to the heart of active transportation concerns and the Project Website we offer has the features to be
matters. What are your thoughts on current traffic and road used as atool to support event activities. As part of conditions on routes you take when walking or bicycling? the PPP for the ATP, we will provide a strategy built on the What improvements would you like to see? We design following events and timing relative to deliverables:
surveys that are easy to take and ellicit key information. Community Meeting 1: Introduce the ATP, The survey will be available in English and Spanish, allowing gather feedback on perceived barriers to active the user to select their desired language to view translated transportation, opportunities for improvement and content. needs of the local community.
Pop- up Events: Up to three( 3) events to spread the
All survey content will be submitted to the City for
word about the ATP, opportunity to provide feedback
review and approval, as well as to post on their existing via the survey, and to directly discuss needs with agency communication channels. The survey can be
the community. These events may be in- person
made available on the Project Website, as well as the
if appropriate community events are available.
City' s website if desired. Survey hard copies will be
Alternately, GHD can attend virtual community events
made available at relevant events such as a
community
as available.
workshop. A list of contacts will be developed for
distribution of the survey, building from prior City
outreach, as well as interest expressed to the
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public engagement activities. The list will include
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Community Meeting 2: Present draft active goals and objectives to the community to solicit input. This transportation network and program recommendations approach will help in developing performance measures and hold interactive discussions to gather feedback to that utilize ATP community support as an indicator to help help in revising the networks and programs. with prioritizing projects into short, medium and long- term All engagement efforts will be documented and included as categories. Also, GHD will identify the responsible party for an Appendix to the ATP for use in future grant applications, each action and potential targets for achieving each goal. as well as summarized in a Public Participation Summary Deliverables:
Report where relevant.
Goals, Objectives and Performance Measures
Deliverab/ es: Technical Memorandum
Collateral materials for outreach activities including Task 3. 3: Existing Conditions Review agenda, presentations, graphics, fact sheets, notices
Using Geographic Information Systems( GIS) data provided and fliers by the City or other publicly available sources, GHD will Public Participation Summary Report develop base maps that illustrates existing and future land uses, as well as existing active transportation facilities TASK 3: EXISTING CONDITIONS ANALYSIS and networks to help analyze conditions for bicycle and walking. Examples include sidewalks, curb ramps,
Task 3. 1: Plan and Policy Review intersection crossing treatments, bikeway facility types, A successful ATP requires a solid understanding of the off street multi- use paths, and bike parking throughout existing policy and regulatory framework which impacts the City. Roadway characteristics, including speed limit, active transportation, including General Plans, zoning number of lanes and lane width, truck routes, and crossing ordinances, development codes. G HD staff are skilled treatments will be reviewed in developing a Level of Traffic at identifying and reviewing these and other relevant Stress analysis. GHD will analyze the most recent 10 years documents to understand the current landscape, and of available data from the Transportation Insury Mapping suggest any alternations to policy or practice to facilitate System( TIMS) and prepare maps and other exhibits to implementation of the ATP. GHD will review publicly illustrate locations or characteristics of collisions in the available data and documents, and information made City for people bicycling and walking. Data will be reviewed available by the City and compile information on existing to identify both locations with a history of reported plans and policies at local, regional, state and federal levels. collisions(" hot spots"), as well as risk factors for fatal and The plan and policy review, at a minimum, will identify severe injury locations. GHD will also review data related regional and local efforts, status and progress made on to contributing factors, traific violations, environmental previous planning efforts and studies with a goal to ensure conditions, injury severity, determinations of fault, and that the proposed ATP complements existing and prior City movements or behavior of involved parties preceding efforts.
Deliverables: tx
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t. ir , S, r, ?
S' V-.
Existing Plan and Policy
Technical Memorandum r
Task 3. 2: Develop j - r'
Goals, Objectives and t x
Performance Measures i
y
GHD will prepare aGoals, a
y;'
Objectives and Performance i;;
Measures technical v1
memorandum consistent
with the City' s General Plan
y ,
and other relevant policies.
Comparing increases in bicycling F
and walking mode share and
growth and investment in active ,,,,
transportation infrastructure
will form the baseline indicators -;,,,
for Performance Measures.
r Kcarn E Additionally, during project
outreach efforts we will introduce Example ofLevel of Traffic Stress GHD City of Lathrop Lathrop Active Transportation Plan 14 189
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the reported collisions. This analysis will be documented Public Engagement- input from community in narrative form, as well as maps and other exhibits, as stakeholders that align with ATP plan goals and appropriate, and included in the Existing Conditions objectives, as well as projects and programs.
Technical Memorandum.
The Needs Assessment will be documented in narrative
Deliverables: form utilizing maps and information gathered in prior tasks, as well as in a series of maps. Maps will depict bicycleExisting Conditions Technical Memorandum involved collisions and pedestrian- involved collisions.
Task 3. 4: Needs Assessment
Deliverables:
G HD will prepare a Needs Assessment to identify Needs Assessment Technical Memorandum conditions in key areas to gain a deeper understanding of community needs through prior review and analysis tasks. ----------- Component factors to inform the Needs Assessment will TASK 4: PROJECT RECOMMENDATIONS include:
Task 4.1: Develop Project Recommendations
Future Growth- align the Lathrop ATP needs with
plans and programs that guide new development and GHD will develop a list of active transportation project bolster coordination with planned projects. recommendations for bicycling and walking informed by analysis of existing conditions, needs assessment analysis, Level of Traffic Stress- identify where there are
as well as input gathered from community outreach. Based high- stress corridors, connections, or crossings that
on industry best practices, we have expertise in crafting need to be addressed to improve overall traffic safety context- appropriate active transportation facility networks and connectivity with low stress active transportation
for our clients.
facility network.
Gap and Barrier Analysis- Using existing data and Pedestrian network recommendationsGIS analysis, GHD will identify gaps in the active The proposed pedestrian network will include transportation infrastructure such as the sidewalk recommendations for sidewalks and Class I sharednetwork, as well as locations with incomplete or use paths( consistent with the bicycle network disconnected bikeways. The gap analysis will identify recommendations). GHD will also identify locations for locations without these facilities currently and inform accessibility upgrades and crossing improvements, development of a prioritized set of recommendations. including enhanced crossing features such as Rectangular Rapid Flashing Beacons and high visibility
crosswalk striping, for example.
GHD City of Lathrop Lathrop Active Transportation Plan 15 190
Bicycle network recommendations- The proposed As such, GHD will identify key funding programs and bicycle facility network will consider recommendations eligibility criteria at the regional, state and federal levels so for four( 4) classes of bikeways: Class I shared- that transformational projects have the highest success use paths( consistent with the pedestrian network when submitting grant applications. We will also provide recommendations), Class II bicycle lanes, Class III estimates for project strategies for non- infrastructure bicycle routes, and Class IV separated bikeways. As programs based on examples from existing programs appropriate for local contexts, GHD will incorporate offered in US cities. current best practices in the bikeway design that build on these four classes with additional features and Deliverables:
enhancements that improve safety and reduce traffic Financial Analysis Technical Memorandum stress for people bicycling, including buffered bicycle lanes( aform of Class II) or bicycle boulevards( aform of TASK 5• PREPARE ACTIVE TRANSPORTATION Class III). Intersection and crossing recommendations
will also be provided, as appropriate, along with bicycle PLAN parking and other amenities. Task 5. 1: Draft/ Final ATP Non- infrastructure recommendations- The
proposed non- infrastructure recommendations will The Draft ATP will incorporate the technical memoranda of include strategies that help to encourage and promote prior tasks and highlight key public engagement input, as active transportation with potential for mode shift well as City staff direction. The Draft ATP will be developed as an outcome and measure. Programmatic efforts in aformat that is easily accessible and understandable are important to developing a local culture where to members of the public, but also useful and actionable walking and bicycling are seen as viable modes of for the City staff charged with implementing the ATP. transportation, and where users of all modes can The document will include an Executive Summary share space responsibly, effectively and safely on the supplemented by maps, tables and graphics developed roadway. Recommendations include supporting existing in prior tasks, as well as appendices for the technical campaigns including Bike Day in May, Car- Free Day memoranda. GHD will provide the Draft ATP to the City in September, Walk to School in October, etc. Other for review and will revise based on one set of internally recommendations include regularly scheduled bike consistent, consolidated comments. Following revisions, education workshops and safety clinics. the Final ATP will be completed.
The proposed recommendations will be delivered to the Task 5. 2: Council/ Commission Presentation City as an Excel workbook with details such as facility GHD will be available to attend up to two( 2) public type, location and or start/ end points, length, program meetings with the City of Lathrop Council to be activity and additional details necessary to describe
determined with City staff. The presentation will effectively the recommendation. In addition, maps of the network
and succinctly summarize the process, input and
recommendations will be provided in PDF format.
recommendations of the Lathrop ATP. GHD will prepare
GHD will provide the draft recommendations files and
a PowerPoint presentation and will assist City staff in schedule a meeting with the City to discuss comments.
presenting at the City Council meeting for approval and Recommendations will be revised based on one set of
adoption. The slides will be provided to the City for review consolidated, internally consistent comments received
and revised based on one set of consolidated, internally from the City before being incorporated into the Draft ATP. consistent comments.
Deliverables:
Deliverables:
Project Recommendations Technical Memorandum
Draft ATP( PDF), Final ATP( PDF)
Task 4. 2: Financial Analysis All project files and supporting technical data including Following program and project prioritization, planning
comments and datafrom public engagement( PDF)
level cost estimates will be developed. GHD will Presentation( PowerPoint) provide a planning level unit cost list for recommended facility treatments involving capital improvements,
as well as estimate future costs related to operations
and maintenance. Also, actionable plans are fiscally
constrained to what can reasonably be funded and
developed within stated horizons of most comprehensive
plans. Transformational projects requiring large
investments will need to be a high priority to the Lathrop community.
GHD City of Lathrop Lathrop Active Transportation Plan 16 191
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ITEM 4. 15
CITY MANAGER' S REPORT
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE LEVEE EASEMENT AND ASSOCIATED JOINT
USE AGREEMENT WITH RECLAMATION DISTRICT NO.
17 FOR A PORTION OF MOSSDALE LANDING
COMMUNITY PARK
RECOMMENDATION: Adopt Resolution Approving a Levee Easement and Associated Joint Use Agreement with Reclamation
District No. 17 for a Portion of Mossdale Landing
Community Park
SUMMARY:
In 2011, Reclamation District No. 17 ( RD 17) constructed a seepage berm along Inland Passage Way at the southern end of Mossdale Landing Community Park. The seepage berm reduces river water seepage through the levee during high- water events. The City owns the Mossdale Landing Community Park land, and therefore RD 17 needs to establish an easement and Joint Use Agreement ( JUA) to access, maintain, and inspect the seepage berm.
Staff requests Council approve the JUA ( Attachment B) and associated Levee Easement ( Attachment C) to allow RD 17 to access, maintain and inspect the existing levee seepage berm.
BACKG ROU N D:
In 2011, RD 17 constructed a seepage berm along Inland Passage Way at the southern end of Mossdale Landing Community Park. The seepage berm reduces river water seepage through the levee during high- water events. The Mossdale Landing Community Park land is owned by the City and therefore RD 17 needs to establish a Levee Easement and Joint Use Agreement to access, maintain, and inspect the seepage berm.
Because the levee seepage berm and City park coexist, a JUA is needed to set forth the terms and conditions to which RD 17 and City can access, construct, reconstruct, maintain, inspect, operate, replace and rehabilitate the facilities.
RECOMMENDATION:
A Levee Easement and JUA is needed to allow for the access, maintenance and inspection of the RD 17 levee seepage berm, which is located on a City park parcel.
Staff recommends that Council approve the ) UA and associated Levee Easement. 195
CITY MANAGER' S REPORT PAGE 2
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING
APPROVE JUA AND LEVEE EASEMENT WITH RD 17 FOR A PORTION OF
MOSSDALE LANDING COMMUNITY PARK
FISCAL IMPACT:
There is no fiscal impact associated with this item.
ATTAC H M E NTS:
A. Resolution Approving a Levee Easement and Associated Joint Use Agreement with Reclamation District No. 17 for a Portion of Mossdale Landing Community Park B. Joint Use Agreement by and between the City of Lathrop and Reclamation District No. 17
C. Levee Easement between City of Lathrop and Reclamation District 17 196
CITY MANAGER' S REPORT PAGE 3
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING
APPROVE JUA AND LEVEE EASEMENT WITH RD 17 FOR A PORTION OF
MOSSDALE LANDING COMMUNITY PARK
APPROVALS:
lJ, 3 2o 22
Brad ylor Date
City Engi
1,, a
Cari Jame Date
Finance ' ector
l"_ l- y- zoZ2
Michael King Date
Assistant City Manager
ZO ZZ
Salvador Navarrete Date
City Attorney
8 'ZZ
Ste n J. Salvatore Date
City Manager
197
RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP
APPROVING A LEVEE EASEMENT AND ASSOCIATED JOINT USE AGREEMENT WITH RECLAMATION DISTRICT NO. 17 FOR A PORTION OF MOSSDALE
LANDING COMMUNITY PARK
WHEREAS, in 2011, Reclamation District No. 17 ( RD 17) constructed a seepage berm along Inland Passage Way at the southern end of Mossdale Landing Community Park; and
WHEREAS, the City owns the Mossdale Landing Community Park land, and therefore RD 17 needs to establish an easement and Joint Use Agreement ( JUA) to access, maintain, and inspect the seepage berm; and
WHEREAS, because the levee seepage berm and City park coexist, a JUA is needed to set forth the terms and conditions to which RD 17 and City can access, construct, reconstruct, maintain, inspect, operate, replace and rehabilitate the facilities; and
WHEREAS, staff requests Council approve the JUA and associated Levee Easement to allow RD 17 to access, maintain and inspect the existing levee seepage berm; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve the ) oint Use Agreement and associated Levee Easement, both attached to the City Manager' s Report dated November 14, 2022, with Reclamation District No. 17 for a portion of Mossdale Landing Community Park. 198
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:
ABSENT:
ABSTAIN:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 199
pTTACHMENi
Recording Requested By:
RECLAMATION DISTRICT NO. 17
WHEN RECORDED RETURN TO:
RECLAMATION DISTRICT NO. 17
c/ o NOMELLINI, GRILLI & McDANIEL/ LAW OFFICE
P. O. Box 1461 STOCKTON, CA 95201
COPY TO:
CITY OF LATHROP
ATTN: CITY CLERK
390 TOWNE CENTRE DRIVE
LATHROP, CA 95330
APN: 191- 350- 04 PUBLIC ENTIN FILING FEE WAIVEO PER GOVT. CODE§ 6103
JOINT USE AGREEMENT
BY AND BETWEEN THE
CITY OF LATHROP
AND
RECLAMATION DISTRICT NO. 17
This JOINT USE AGREEMENT entered into on 2022 (" Agreement") and is made and entered into by RECLAMATION DISTRICT N0. 17, a reclamation district organized under the laws of the State of California (" RD 17"), and the CITY OF LATHROP, a municipal corporation in the State of California City"), collectively referred to as " Parties" or" the Parties".
RECITALS
A. The Reclamation District No. 17 ( RD 17) levee system protects portions of San Joaquin County as well as portions of the Cities of Stockton, Lathrop, and Manteca. Said levee system includes approximately 19 miles of levee, of which roughly 16 miles are federal Project Levee.
B. The State Central Valley Flood Protection Board ( CVFPB), formerly the Reclamation Board, is the nonfederal sponsor. CVFPB as the governing Board of the Sacramento San Joaquin Drainage District regulates encroachments and other levee related actions on such federal Project Levees and has the right to joint use of RD 17 levee related fee and easement property interests.
C. RD 17 has constructed additional improvements to the property interests of the City with the Levee Seepage Repair Project. The City holds fee and easement property interests affected and modified by the RD 17 levee operation, maintenance and improvement work. A Levee Easement Agreement for joint use is attached hereto as Exhibit" A".
1 200
AGREEMENT
NOW, THEREFORE, in consideration of the premises and of the mutual covenants hereinafter set forth, the Parties do hereby agree as follows:
1. City hereby agrees to the access, construction, reconstruction, maintenance, inspection, operation, replacing, rehabilitation or use by RD 17 of the land located within the Joint Use Area which is attached hereto as Exhibit" A" to this Agreement.
2. RD 17 and City acknowledge the priority of title of each other wherever applicable to the Joint Use Area.
3. City shall pay the cost to maintain, repair or replace City' s facilities located in the Joint Use Area at its sole expense, and for construction, rearrangement, modification, alteration or relocation not requested or undertaken by RD 17, except for damage resulting from maintenance, repair or replacement by RD 17.
4. RD 17 or its assignees shall pay the cost to maintain, repair and replace RD 17' s facilities located in the loint Use Area at its sole expense, and for construction, rearrangement, modification, alteration or relocation not requested or undertaken by City, excepting damage resulting from maintenance, repair or replacement by City.
5. RD 17, when working within the Joint Use Area shall comply with the following provisions:
a. Except in times of emergency, including during a high water or flooding event, RD 17 shall provide reasonable notice to City before performing any work in the Joint Use Area where such work will be performed in or on the traveled way or improved shoulders, sidewalk or landscaping of the roadway or will otherwise obstruct vehicular and/ or pedestrian traffic. b. In all cases, RD 17 shall make adequate provisions for the protection of the travelling public and provide such barricades and safety devices as are required by City standards, and in cases of non- emergency, provide a Traffic Control Plan as required by City standards and specifications.
c. All work shall be planned and carried out so there will be minimum inconvenience to the traveling public.
d. All work shall be replacement in kind, conform to the existing facilities as to width and depth of surfacing thereof, meet all applicable City standards and specifications as determined by the City Engineer and shall be subject to inspection by City.
6. RD 17 and City shall use said Joint Use Area in such manner as to not unreasonably interfere with the rights of either Party.
2 201
7. RD 17 shall not be responsible for any damage occurring to the City facilities in the Joint Use Area that are not as a direct result of the RD 17' s maintenance, construction or reconstruction activities, or from its flood control facilities located on or near the Joint Use Area. All costs for repairing such damage to City' s facilities shall be borne by City.
8. City shall not be responsible for any damage occurring to RD 17 facilities in the loint Use Area that are not as a direct result of the City' s maintenance, construction or reconstruction activities of its right of way or improvements on or near the Joint Use Area. All costs for repairing such damage to RD 17' s facilities shall be borne by RD 17.
9. RD 17 shall be responsible for the structural integrity of its levees, berms and similar structures, as well as vegetation and weed control activities of its levee slopes and adjacent areas that may transverse the loint Use Area. City shall be responsible for any landscaping and irrigation improvements within its right of way, including within the Joint Use Area. The City or its assignees shall become responsibility for weed control within portions of the Joint Use Area that are landscaped by the City.
10. This Agreement shall not have a prescribed term. Termination of Agreement shall only occur if the Joint Use Area ceases to be in existence and the need for this Agreement and its rights and obligations contained herein cease to be necessary. Either Party may provide written notice of such termination, subject to review and verification of the other Party.
11. Notices. Notice shall be provided 30 days in advance of the commencement of any work within the Joint Use Area. Any and all notices required to be given hereunder will be deemed to have been delivered upon deposit in the United States mail, postage prepaid, addressed to either of the parties at the address hereinafter specified or as later amended by either party in writing:
Reclamation District No. 17 City of Lathrop
C/ o Dante John Nomellini Sr Attn: City Clerk
P. O. Box 1461 390 Towne Centre Drive
Stockton, CA 95201 Lathrop, CA 95330
Tel 209- 465- 5883 Tel 209 941-7230
Fax 209 465- 3956 Fax 209 941- 7229
Email n mplcs@pacbell. net and Email: website cco@ci. lathrop. ca. us C/ o Kjeldsen, Sinnock& Neudeck Inc. Copy to:
711 N. Pershing Avenue Public Works Department
Stockton, CA 95203 Email: btaylor@ci. lathrop. ca. us
Tel 209 946- 0268 Attn: Brad Taylor
Email cneudeck@ksninc. com
12. This Agreement, and all terms, covenants, and conditions hereof, will apply to and bind the successors and assigns ofthe respective parties hereto. Neither Party will assign nor sublet this Agreement without the prior written consent of the other Party.
3 202
13. This Agreement is governed by California law.
14. This Agreement may not be modified or amended except in writing signed by both parties.
15. Each party must, in all' activities undertaken pursuant to this Agreement, comply and cause its contractors, agents and employees to comply with all Federal, State and local laws, statutes, orders, ordinances, rules, and regulations.
16. It is expressly understood that this Agreement does not in any way whatsoever grant or convey any permanent easement, fee or other interest in a party' s real property to the other Party.
17. This Agreement, together with all exhibits attached hereto, constitutes the entire agreement between the Parties and supersedes all prior written or oral understandings. 4 203
IN WITNESS WHEREOF, the City and RD 17 have signed this Agreement effective as of the Effective Date.
CITY OF LATHROP RECLAMATION DISTRICT NO. 17
By: By:
Stephen J. Salvatore
City Manager
ATTEST ATTEST
By: By:
Teresa Vargas
City Clerk
APPROVED AS TO FO M BY THE CITY OF LATHROP CITY ATTORNEY i
BY:
Salvador Navarrete
City Attorney
5 204
Recording Requested By: EXHIBIT^
RECLAMATION DISTRICT NO. 17
WHEN RECORDED RETURN TO: COPY
RECLAMATION DISTRICT NO. 17
c/ o NOMELLINI, GRILLI & McDANIEL/ LAW OFFICE
P. O. Box 1461 STOCKTON, CA 95201
COPY TO:
CITY OF LATHROP
ATTN: CITY CLERK
390 TOWNE CENTRE DRIVE
LATHROP, CA 95330
PUBLIC ENTITY FILING FEE WAIVED PER GOVT. CODE§ 6103
EASEMENT DEED
Project: Levee Seepage Repair
Parcel Nos. 191- 350- 04
City of Lathrop to as " GRANTOR", GRANTS to the Reclamation District No. 17, hereinafter referred to as " GRANTEE", perpetual rights of way and exclusive easements in the real property described in Attachment " A" incorporated herein by this reference, situated in the County of San Joaquin, State of California, for any present or future flood control project to:
1. Construct, reconstruct, enlarge, fence, plant with trees, shrubs, and other vegetation, preserve and retain all vegetative growth desirable for project purposes, repair and use flood control works, which shall include, but not be limited to, access, haul, and patrol roads, levees, ditches, embankments, channels, berms, fences, and appurtenant structures, and operate and maintain said flood control works in conformity with the Code of Federal Regulations, Corps of Engineers' Standard Operation and Maintenance Manual, and State of California Standards.
2. Clear and remove from said flood control works any and all natural or artificial obstructions, improvements, trees, and vegetation necessary for construction, operation, maintenance, repair, reconstruction, and emergency flood fight.
3. Flow waters and materials and by said flow erode.
4. Place or deposit earth, debris, sediment, or other material.
5. Excavate and remove earth, debris, sediment, or other material, including that placed or deposited as above.
6. Locate or relocate roads and public utility facilities by Grantee or others.
7. Restrict the rights of the Grantor, his successors and assigns, without limitations, to explore, extract, remove, drill, mine, or operate through the surface or upper 100 feet of the subsurface in exercise of the Grantor' s interest in any minerals, including oil and gas.
1 205
8. Restrict any use by others which may interfere with any of the uses listed herein or any use necessary or incidental thereto.
9. To make the rights provided under this easement available to other flood control entities responsible for flood fighting and for the construction, operation, maintenance, inspection, repair, reconstruction, and improvement of flood control works.
10. This Levee Easement Deed is subject to the Joint Use Agreement recorded with the San Joaquin Recorder' s Office as Doc # on November 2022.
There is reserved unto Grantors all riparian, appropriative and other water- related rights including drainage), appurtenant to the remainder of Grantors' property together with an easement extending ten ( 10) feet on each side of the centerline of any existing water supply or drainage facilities including those connecting to the San Joaquin River. If none exist then an easement extending ten ( 10) feet on each side of the centerline of a new easement for access to the San Joaquin River for water supply and drainage. Said easements shall include reasonable access thereto. The location of new easements and any and all installations, construction, modifications, additions and the access to, operation and maintenance thereof shall be in compliance with the requirements and regulations of all government agencies including but not limited to Reclamation District No. 17, the Central Valley Flood Protection Board ( formerly The Reclamation Board) and the United States Army Corps of Engineers.
See Exhibit " A", legal description attached hereto and made a part hereof.
GRANTOR GRANTEE
CITY OF LATHROP RECLAMATION DISTRICT NO. 17
By: gy;
Stephen J. Salvatore
City Manager
ATTEST ATTEST
By: gy:
Teresa Vargas
City Clerk
APPROVED AS TO F THE CITY OF LATHROP CITY ATTORNEY
BY:
Salvador Navarrete
City Attorney
2 206
ATTA MENT
Recording Requested By:
RECLAMATION DISTRICT NO. 17
WHEN RECORDED RETURN TO:
RECLAMATION DISTRICT NO. 17
c/ o NOMELLINI, GRILLI & McDANIEL/ LAW OFFICE
P. O. Box 1461 STOCKTON, CA 95201
COPY TO:
CITY OF LATHROP
ATTN: CITY CLERK
390 TOWNE CENTRE DRIVE
LATHROP, CA 95330
PUBLIC ENTITV FILING FEE WAIVED PER GOVT. CODE§ 6103
EASEMENT DEED
Project: Levee Seepaqe Repair
Parcel Nos. 191- 350- 04
City of Lathrop to as " GRANTOR", GRANTS to the Reclamation District No. 17, hereinafter referred to as " GRANTEE", perpetual rights of way and exclusive easements in the real property described in Attachment " A" incorporated herein by this reference, situated in the County of San Joaquin, State of California, for any present or future flood control project to:
1. Construct, reconstruct, enlarge, fence, plant with trees, shrubs, and other vegetation, preserve and retain all vegetative growth desirable for project purposes, repair and use flood control works, which shall include, but not be limited to, access, haul, and patrol roads, levees, ditches, embankments, channels, berms, fences, and appurtenant structures, and operate and maintain said flood control works in conformity with the Code of Federal Regulations, Corps of Engineers' Standard Operation and Maintenance Manual, and State of California Standards.
2. Clear and remove from said flood control works any and all natural or artificial obstructions, improvements, trees, and vegetation necessary for construction, operation, maintenance, repair, reconstruction, and emergency flood fight.
3. Flow waters and materials and by said flow erode.
4. Place or deposit earth, debris, sediment, or other material.
5. Excavate and remove earth, debris, sediment, or other material, including that placed or deposited as above.
6. Locate or relocate roads and public utility facilities by Grantee or others.
7. Restrict the rights of the Grantor, his successors and assigns, without limitations, to explore, extract, remove, drill, mine, or operate through the surface or upper 100 feet of the subsurface in exercise of the Grantor's interest in any minerals, including oil and gas.
1 207
8. Restrict any use by others which may interfere with any of the uses listed herein or any use necessary or incidental thereto.
9. To make the rights provided under this easement available to other flood control entities responsible for flood fighting and for the construction, operation, maintenance, inspection, repair, reconstruction, and improvement of flood control works.
10. This Levee Easement Deed is subject to the Joint Use Agreement recorded with the San Joaquin Recorder's Office as Doc # on November 2022.
There is reserved unto Grantors all riparian, appropriative and other water-related rights including drainage), appurtenant to the remainder of Grantors' property together with an easement extending ten ( 10) feet on each side of the centerline of any existing water supply or drainage facilities including those connecting to the San Joaquin River. If none exist then an easement extending ten ( 10) feet on each side of the centerline of a new easement for access to the San Joaquin River for water supply and drainage. Said easements shall include reasonable access thereto. The location of new easements and any and all installations, construction, modifications, additions and the access to, operation and maintenance thereof shall be in compliance with the requirements and regulations of all government agencies including but not limited to Reclamation District No. 17, the Central Valley Flood Protection Board ( formerly The Reclamation Board) and the United States Army Corps of Engineers.
See Exhibit " A", legal description attached hereto and made a part hereof.
GRANTOR RANTEE
CITY OF LATHROP RECLAMATION DISTRICT NO. 17
By: gy:
Stephen J. Salvatore
City Manager
ATTEST ATTEST
By: gy:
Teresa Vargas
City Clerk
APPROVED AS TO FORM BY THE CITY OF LATHROP CITY ATTORNEY BY:
Salvador Navarrete
City Attorney
2 208
ATTACHMENT A
All that certain real property situated in Section 33,Township 1 South, Range 6 East, Mount Diablo Base and Meridian, the City of Lathrop, County of San Joaquin, State of California, being a portion of Lot 15 of Tract Map No. 3142 filed on August 27, 2003, in Book 38 of Maps and Plats, at Page 49, and recorded in Document Number 2003- 195391, San Joaquin County Records, more particularly described as follows:
PARCEL 14551 - UNIT A
COMMENCING at a found 3/ 4 inch iron pipe tagged LS 4876 at the Southeast cornerof Section 33, Township 1 South, Range 6 East, Mount Diablo Base and Meridian, as said corner is shown on said Tract Map No. 3142, from which the West quarter corner of said Section 34, marked by a found 2" brass disk stamped LS 5412 per RS 38- 185, bears North 02° 02' 18" West 2650. 38 feet, thence frorn said P INT OF COMMENCEMENT North 36° 10' 57" West 2024. 46 feet to a found 3/ 4 inch iron pipe with illegible plug, located at the Southeast corner of Lot 15 as shown on said Tract Map No. 3142 and the Point of Beginning;
THENCE FROM SAID POINT OF BEGINNING along the Southerly line of said Lot 15 North 78° 44' 41" West, ( North 78° 44' 39" West) 93.64 feet to the Southeast corner of Lot 18 as shown on said Tract Map from which a 3/ 4- inch iron pipe tagged LS 4876 as shown on said Book 38 of Maps and Plats, at Page 49, bears North 78° 44' 41" West, (North 78° 44' 39" West) 82. 46 feet; Thence leaving said Southerly line along the Easterly line of said Lot 18 the following five ( 5) courses:
1) North 09° 36' 38" West, ( North 09° 36' 36" West) 45. 71 feet; 2) North 00° 34' 21" West, ( North 00° 34' 20" West) 104. 05 feet; 3) North 06° 23' 25" East, ( North 06° 23' 27" East) 105. 87 feet; 4) North 10° 40 ' 45" East, ( North 10° 40 ' 46" East) 110. 60 feet; 5) North 11° 28' 18" East, ( North 11° 28' 20" East) 37. 37 feet; Thence leaving said Easterly line the following two (2) courses:
1) South 78° 31' 42" East 121. 45 feet;
2) South 33° 28' 10" East 11. 38 feet to the Easterly line of said Lot 15; Thence along the Easterly line of said Lot 15 the following four( 4) courses:
1) to the beginning of a non-tangent to the left having a radius of 75. 99 feet, through a central angle of 44° 43' 31", an arc length of 59. 32 feet, with a chord bearing of South 33° 37' 05" West, 57. 83 feet; and 2) South 11° 15' 19" West, ( South 11° 15' 21" West) 134. 15 feet to the beginning of tangent curve to left;
209
3) having a radius of 327. 98 feet, through a central angie of 11° 15' 21", an arc length of 64.43 feet; and
4) South 00° 00' Q2" East, ( South 00° 00' 00" East) 140. 51 feet to the Point of Beginning.
Containing 0. 96 acres, more or less.
The bearings and distances shown hereon are based on the California Coordinate System of 1983, CCS83 ( 1991. 35), Zone 3, as shown on Record of Survey recorded January 15, 2015 in Book 38 of Surveys, Page 119, San Joaquin County Records. All distances given are grid distances to obtain ground distances multiply by
1. 00006613. Record Bearings from said Book 38 of Maps and Plats, at Page 49 are shown as (North 00° 00' 00" West).
See EXHIBIT " B- 3" piat to accompany description, attached hereto and made a part hereof
SUBJECT TO any special assessments, restrictions, reservations, easements and other encumbrances.
END OF DESCRIPTION
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212
ITEM 4. 16
CITY MANAGER' S REPORT
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING
ITEM: ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY
FBD VANGUARD CONSTRUCTION, INC. FOR THE
MOSSDALE ROUNDABOUTS IMPROVEMENTS, CIP PS
22- 41
RECOMMENDATION: Adopt Resolution Accepting Public Improvements Constructed by FBD Vanguard Construction, Inc. for
the Mossdale Roundabouts Improvements CIP PS
22- 41, Authorize the Filing of a Notice of Completion, Release of Contract Retention, and Release of
Performance and Payment Bonds
SUMMARY:
Capital Improvement Project ( CIP) PS 22- 41 Mossdale Roundabouts Improvements was created to improve the Towne Centre Drive / McKee Boulevard and Brookhurst Boulevard / Golden Spike Trail roundabouts, including new splitter islands, new curb ramps, resurfacing both intersections, restriping all crosswalks and enhancing existing signage. On May 16, 2022, City Council awarded a construction contract to FBD Vanguard Construction, Inc. ( FBD Vanguard) to improve both roundabouts.
Improvements at the Brookhurst Boulevard and Golden Spike Trail roundabout included restricting some on- street parking to increase the visibility of pedestrians.
At the August 8th meeting, City Council reevaluated the proposed improvements and directed staff to install new striping and delineators rather than constructing the initially approved improvements. Therefore, the Brookhurst Boulevard and Golden Spike Trail roundabout improvements were removed from FBD Vanguard' s scope.
FBD Vanguard has completed the construction of improvements to the Towne Centre Drive and McKee Boulevard roundabout ( Project). Staff has inspected the improvements and deemed these improvements complete. FBD Vanguard has submitted lien releases confirming all sub- contractors and suppliers have been paid in full and a one- year warranty bond ( based on 10% of the construction contract) for the improvements to be accepted.
Staff is requesting City Council accept the improvements constructed by FBD Vanguard for the Towne Centre Drive and McKee Boulevard roundabout, CIP PS 22- 41 and authorize the filing of a Notice of Completion with the San ] oaquin County Clerk, the release of contract retention to FBD Vanguard for $46, 875 within forty- five 45) days after the recording of the Notice of Completion, and the release of performance and payment bonds. Additionally, staff requests that unused funds be transferred back into the TDA- LTF Street & Roads Fund ( 2140). 213
CITY MANAGER' S REPORT PAGE 2
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY FBD VANGUARD
CONSTRUCTION, INC. FOR THE MOSSDALE ROUNDABOUTS IMPROVEMENTS, CIP PS 22- 41
BACKGROUND:
The Mossdale Roundabouts Improvements, CIP PS 22- 41, was created to improve the Towne Centre Drive / McKee Boulevard roundabout and Brookhurst Boulevard / Golden Spike Trail roundabout located near the Mossdale Elementary School.
These improvements included the construction of new splitter islands, new curb ramps, resurfacing both intersections, restriping all crosswalks, and enhancing existing signage. On May 16, 2022, City Council awarded a construction contract to FBD Vanguard for improvements to both roundabouts. The awarded contract was for 971, 442, which included a 10% construction contingency of $ 97, 144, for a total construction budget of $ 1, 068, 600.
Improvements at the Brookhurst Boulevard and Golden Spike Trail roundabout involved restricting some on- street parking to increase the visibility of pedestrians.
At the August 8th meeting, City Council reevaluated the proposed improvements and directed staff to install new striping and delineators rather than constructing the originally approved improvements. Therefore, the Brookhurst Boulevard and Golden Spike Trail roundabout improvements were removed from FBD Vanguard' s scope.
During construction, significant revisions to the original bid quantities were needed to complete the improvements at the Towne Centre Drive / McKee Boulevard roundabout. This resulted in change orders that included removing the concrete polymer topping and an augmentation of the scope of work to aptly construct the center apron, sidewalk, and raised splitter islands. Consequently, most of the planned project funding was budgeted towards constructing the Towne Centre Drive / McKee Boulevard roundabout improvements.
A summary of the construction costs is described below for all the expenditures associated with the ultimate scope of work:
A. Original Construction Contract 971, 443
B. Sum of Change Orders 33, 951 )
Total Construction Cost 937, 492
Upon acceptance of the improvements, the performance bond ( Bond No. 107620637, 971, 442. 30) and payment bond ( Bond No. 107620637, $ 971, 442. 30) will be released and replaced with a one- year warranty bond ( Bond No. 107620637, $ 93, 749). The one- year warranty bond covers any repairs or replacements that may become necessary during the one- year period beginning with this acceptance due to any defective materials or workmanship in connection with the completed improvements. FBD Vanguard has also provided the necessary lien releases for the materials supplied and completed work.
214
CITY MANAGER' S REPORT PAGE 3
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY FBD VANGUARD
CONSTRUCTION, INC. FOR THE MOSSDALE ROUNDABOUTS IMPROVEMENTS, CIP PS 22- 41
Staff requests that City Council accept the improvements constructed by FBD Vanguard for the Mossdale Roundabouts Improvements, CIP PS 22- 41. Staff also requests that City Council authorize the filing of a Notice of Completion with the San Joaquin County Clerk, the release of contract retention to FBD Vanguard for $46, 875 within forty- five ( 45) days after the recording of the Notice of Completion, and the release of performance and payment bonds. Staff requests that unused funds be transferred back into the TDA- LTF Street & Roads Fund ( 2140).
REASON FOR RECOMMENDATION:
FBD Vanguard has completed the Project, staff has inspected the improvements and they have been deemed complete in accordance with the approved plans and specifications by the City Engineer. The City Council' s acceptance of these improvements and authorization to file a Notice of Completion will allow the release of retention to FBD Vanguard as required by the City Municipal Code.
The performance bond ( Bond No. 107620637, $ 971, 442. 30) and payment bond Bond No. 107620637, $ 971, 442. 30) will be released and replaced with a one- year warranty bond ( Bond No. 107620637, $ 93, 749) upon City Council' s acceptance of the improvements. The warranty bond covers any repairs or replacements necessary during the one- year period, beginning with this acceptance, due to defective materials or workmanship in connection with the completed improvements. FBD Vanguard has also provided the necessary lien releases for the materials supplied and completed work.
FISCAL IMPACT:
The final construction contract amount for CIP PS 22- 41 is for $ 937, 492. Adequate funds have been allocated in the FY 2022/ 23 budget to close out the project. With the completion of this Project, staff requests that unused funds be transferred back into the TDA- LTF Street & Roads Fund ( 2140).
ATTACHMENTS:
A. Resolution Accepting Public Improvements Constructed by FBD Vanguard Construction, Inc. for the Mossdale Roundabouts Improvements, CIP PS 22- 41, Authorize the Filing of a Notice of Completion, Release of Contract Retention, and Release of Performance and Payment Bonds B. Notice of Completion - Mossdale Roundabouts Improvements, ( CIP) PS 22- 41 C. Project Location Map - Mossdale Roundabouts Improvements, ( CIP) PS 22- 41 215
CITY MANAGER' S REPORT PAGE 4
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY FBD VANGUARD
CONSTRUCTION, INC. FOR THE MOSSDALE ROUNDABOUTS IMPROVEMENTS, CIP PS 22- 41
APPROVALS:
o —, t,-- L L
Ange arca Date
Assistant Engineer
D-- 22
Ken Reed Date
Senior Construction Manager
I d 2' t/ 2022
Bra aylor Date
City Engineer
c Z / ZDZ2
Cari James Date
Finance Director
r-- I l - 3- Zo22
Michael King Date
Assistant City Manager
lO• 3/• Z.0 Z.-Z
Salvador Navarrete Date
City Attorney
r
yC
l g",
Step n J. Salvatore Date
City Manager
216
RESOLUTION NO. 22 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP ACCEPTING
PUBLIC IMPROVEMENTS CONSTRUCTED BY FBD VANGUARD
CONSTRUCTION, INC. FOR THE MOSSDALE ROUNDABOUTS IMPROVEMENTS, CIP PS 22- 41, AUTHORIZE THE FILING OF A NOTICE OF COMPLETION,
RELEASE OF CONTRACT RETENTION, AND RELEASE OF PERFORMANCE AND
PAYMENT BONDS
WHEREAS, Capital Improvement Project ( CIP) PS 22- 41 Mossdale Roundabouts Improvements was created to improve the Towne Centre Drive / McKee Boulevard and Brookhurst Boulevard / Golden Spike Trail roundabouts, including new splitter islands, new curb ramps, resurfacing both intersections, restriping all crosswalks and enhancing existing signage; and
WHEREAS, on May 16, 2022, City Council awarded a construction contract to FBD Vanguard Construction, Inc. ( FBD Vanguard) in the amount of $ 971, 442 and a 10% construction contingency of $ 97, 144 was authorized for staff to use as necessary to achieve the goals of the Project; and
WHEREAS, improvements at the Brookhurst Boulevard and Golden Spike Trail roundabout included restricting some on- street parking in order to increase the visibility of pedestrians; and
WHEREAS, at the August 8, 2022 meeting, City Council reevaluated these improvements and decided to remove the installation of raised splitter islands, Type II microsurfacing, and construction of additional curb and sidewalk extensions.
Instead, staff was directed to install new striping and delineators; and WHEREAS, the Brookhurst Boulevard and Golden Spike Trail roundabout improvements were removed from FBD Vanguard' s scope of work; and WHEREAS, during construction, significant revisions to the original bid quantities were needed to complete the improvements at the Towne Centre Drive / McKee Boulevard roundabout, resulting in change orders that included removing the concrete polymer topping and an augmentation of the scope of work to aptly construct the center apron, sidewalk, and raised splitter islands; and WHEREAS, most of the original project funding was budgeted towards constructing the Towne Centre Drive / McKee Boulevard roundabout improvements; and
WHEREAS, FBD Vanguard has completed the Project, staff has inspected the improvements to the Towne Centre Drive roundabout and they have been deemed complete in accordance with the approved plans and specifications by the City Engineer; and
217
WHEREAS, FBD Vanguard has provided the necessary lien releases for the materials supplied and completed work and a one- year warranty bond ( based on 10% of total project cost) for the improvements being accepted; and WHEREAS, the performance bond ( Bond No. 107620637, $ 971, 442. 30) and payment bond ( Bond No. 107620637, $ 971, 442. 30) will be released and replaced with a one- year warranty bond ( Bond No. 107620637, $ 93, 749) upon City Council' s acceptance of the improvements; and
WHEREAS, the one- year warranty bond covers any repairs or replacements that may become necessary during the one- year period, beginning with this acceptance, due to defective materials or workmanship in connection with the completed improvements; and
WHEREAS, staff requests that City Council accept the public improvements constructed by FBD Vanguard for the Mossdale Roundabouts Improvements, CIP PS 22- 41 and request that the unused funds be transferred back into the TDA- LTF Street Roads Funds ( 2140); and
WHEREAS, staff also requests City Council authorize the filing of a Notice of Completion with the San Joaquin County Clerk, the release of contract retention to FBD Vanguard in the amount of $ 46, 875, within forty- five ( 45) days after the recording of the Notice of Completion, and the release of performance and payment bonds.
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby accept the public improvements constructed by FBD Vanguard Construction, Inc. for the Mossdale Roundabouts Improvements CIP PS 22- 41; and BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop authorizes the filing of the Notice of Completion with the San Joaquin County Clerk and the release of the contract retention to FBD Vanguard Construction, Inc., in the amount of $ 46, 875, within forty- five ( 45) days after the recording of the Notice of Completion, and authorizes the release of the performance and payment bonds. 218
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:
ABSENT:
ABSTAIN:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 219
ATTACHM IMT
RECORDING REQUESTED BY, AND
WHEN RECORDED MAIL TO:
CITY OF LATHROP
ATTN: CITY CLERK
390 TOWNE CENTRE DRIVE
LATHROP, CA 95330
Exempt from payment of recording fees( GC 11922)
SPACE ABOVE THIS LINE FOR RECORDER' S USE
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN:
1. That the interest or estate stated in paragraph 3 herein in the real property herein described is owned by:
NAME STREET AND NO. CITY STATE
City of Lathrop 390 Towne Centre Drive Lathrop CA 95330 If more than one owner of the interest stated, the name and address of each must be stated)
2. That the full name and address of the owner of said interest or estate, if there is only one owner, and that the full names and addresses of all the co- owners who own said interest or estate as tenants in common, as joint tenants, or otherwise, if there is more than one owner, are set forth in the preceding paragraph.
3. That the nature of title or the stated owner, or if more than one owner, then of the stated owner and co- owners is:
Project No. CIP PS 22- 41 Mossdale Roundabouts Improvements bv FBD Vanguard Construction, Inc.
4. That on the 14th day of November 2022 a work of improvement on the real property herein described was completed.
5. That the name of the original contractor, if any, for said work of improvement was: FBD Van uard Construction, Inc.
6. That the name and address of the transferor is:
NAME STREET AND NO. CITY STATE
FBD Vanguard Construction, Inc. 550 Greenville Rd Livermore CA 94550
7. That the real property herein referred to is situated in the Citv of Lathrop County of San Joaquin, State of California, and is described as follows:
Project No. CIP PS 22- 41 Mossdale Roundabouts Improvements
CITY OF LATHROP
By:
Stephen J. Salvatore, City Manager Date
That the undersigned has knowledge of the contents herein and states under penalty of perjury that the foregoing is true and correct.
By:
Teresa Vargas, City Clerk Date
220
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the NOTICE OF COMPLETION dated November 14, 2022 by FBD Vanguard Construction, Inc. to the City of Lathrop, a political corporation and/ or governmental agency, is hereby accepted by the undersigned officer or agent on behalf of the City Council pursuant to authority conferred by minute action of the City Council adopted on November 14, 2022, and the grantee consents to recordation thereof by its duly authorized officer.
Dated By
Stephen J. Salvatore, City Manager
221
ATTACHMENT
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ITEM 4. 17
CITY MANAGER' S REPORT
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING
ITEM: ACCEPT PUBLIC IMPROVEMENTS ASSOCIATED WITH
SIA FOR TRACT 4105 AND ENCROACHMENT PERMIT
NO. 2022- 16 FROM LATHROP LAND ACQUISITION,
LLC, LOCATED NEAR CLSP NEIGHBORHOOD iD AND
APPROVE BUDGET AMENDMENT FOR MAINTENANCE
RECOMMENDATION: Adopt Resolution Accepting Public Improvements Associated with Subdivision Improvement
Agreement for Tract 4105 and Encroachment Permit
No. 2022- 16 from Lathrop Land Acquisition, LLC,
located near CLSP Neighborhood 1D and Approving
Budget Amendment for Maintenance Contract to
David Silva dba Silva Landscape and St. Francis
Electric, LLC
SUMMARY:
Lathrop Land Acquisition, LLC ( Saybrook), the developer for the Central Lathrop Specific Plan ( CLSP), has completed the construction of certain public improvements associated with the Subdivision Improvement Agreement ( SIA) for Tract 4105 and Encroachment Permit No. 2022- 16 ( EP 22- 16). The approximate value of the improvements proposed to be accepted is $ 1, 106, 145. 48, as shown in the GASB 34 Reports, included in Attachment C". These improvements have been inspected by staff and have been deemed complete by the City Engineer. The developer has provided a one- year warranty bond based on 10% of the construction costs and a lien release for the improvements being accepted. Vicinity Maps are included in Attachment " B".
Staff recommends City Council accept the public improvements in accordance with City specifications to release Saybrook of any liabilities on the completed improvements and approve budget amendments associated with landscape and traffic signal maintenance.
BACKGROUND:
On October 5, 2006, the City approved a Vesting Tentative Map ( VTM) for Tract 3533 to create 62 parcels on 960 acres of land. On March 20, 2007, the City approved a VTM for Tract 3647 to subdivide a portion of Tract 3533 into 1, 071 parcels on 190 acres of land.
On February 14, 2022, City Council approved Tract 4105, establishing 271 singlefamily lots. As required by the City' s subdivision ordinance, the approved Tract 4105 included a Subdivision Improvement Agreement ( SIA) to guarantee certain public improvements associated with the final map.
223
CITY MANAGER' S REPORT PAGE 2
NOVEMBER 14, 2022, CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS ASSOCIATED WITH SIA FOR TRACT 4105 AND EP NO. 2022- 16 FROM LATHROP LAND ACQUISITION, LLC, LOCATED NEAR CLSP NH 1D AND APPROVE BUDGET AMENDMENT FOR MAINTENANCE The City previously accepted the public improvements for Golden Valley Parkway, Stanford Crossing Drive and Barbara Terry Boulevard and the sound wall and landscaping improvements were constructed under EP 22- 16. Construction of certain improvements associated with the SIA and EP 22- 16 have been completed.
To guarantee the completion of the unfinished improvements for Tract 4105, Performance Bond No. PB01987300007 in the sum of $ 15, 526, 694 and Labor and Materials No. PB01987300007 in the sum of $7, 763, 347 will remain in place until all improvements listed in the SIA are complete and inspected by staff. The performance bond for EP 22- 16 ( PB01987300008) in the sum of $ 2, 645, 786. 76 and the Labor and Materials Bond ( PB01987300008) in the sum of $ 1, 322, 893. 38 will remain in place until all improvements listed on the encroachment permit are complete.
Saybrook has provided one- year warranty bonds based on 10% of the completed improvements construction cost and both developer lien releases and lien releases from each contractor. The warranty bond values and descriptions are detailed in Table 1 below. Staff recommends City Council accept the public improvements listed in the GASB 34 Reports.
Table 1
Contractor Scope of Work Bond Number Bond Value
Pacific Excavation Traffic Si nal CA4182975M 55, 919. 80 David Hall Masonr Sound Walls 1001086892 18, 042. 50
Odyssey Landscaping CAC719817 30, 878. 68
Environmental
REASON FOR RECOMMENDATION:
Staff has inspected the improvements listed in the GASB 34 Reports and confirmed that the improvements have been completed in accordance with City specifications and deemed complete by the City Engineer. Saybrook has submitted lien releases for the improvements being accepted. Staff has received the one- year warranty bond and as- built drawings for said improvements. Staff recommends Council accept the improvements.
FISCAL IMPACT:
The one- year warranty bond covers any repairs or replacements that become necessary during the one- year period, beginning with this acceptance, due to defective materials or workmanship in connection with the completed improvements. 224
CITY MANAGER' S REPORT PAGE 3
NOVEMBER 14, 2022, CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS ASSOCIATED WITH SIA FOR TRACT 4105 AND EP NO. 2022- 16 FROM LATHROP LAND ACQUISITION, LLC, LOCATED NEAR CLSP NH iD AND APPROVE BUDGET AMENDMENT FOR MAINTENANCE The City' s Service Maintenance CFD 2019- 02 has been established to help fund City maintenance and operating costs. The improvements listed in the GASB 34 Reports detail the $ 1, 106, 145. 48 expended, and the City' s maintenance costs will increase because of the additional improvements that have to be maintained. Since this is a new development area, the initial budget for CFD 2019- 02 for CLSP was planned for gradual development. However, with the rate of development and rise in inflation costs, staff is asking for a budget amendment to cover the City' s Landscaper, David Silva dba Silva Landscape and Electrician, St. Francis Electric, LLC. StafF is requesting Council approve a budget amendment for FY 22/ 23 as follows:
Increase A propriation ( Streets Trees & Landscaping)
2680- 50- 55- 420- 27- 00 8, 100
Increase A propriation ( Signal Maintenance)
2680- 50- 55- 420- 31- 00 1, 008
ATTAC H M E NTS:
A. Resolution Accepting Public Improvements Associated with Subdivision Improvement Agreement for Tract 4105 and Encroachment Permit No. 2022- 16 from Lathrop Land Acquisition, LLC, located near CLSP Neighborhood 1D and Approving Budget Amendment for Maintenance Contract to David Silva dba Silva Landscape and St. Francis Electric, LLC B. Vicinity Maps
C. GASB 34 Reports - Tract 4105
225
CITY MANAGER' S REPORT PAGE 4
NOVEMBER 14, 2022, CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS ASSOCIATED WITH SIA FOR TRACT 4105 AND EP NO. 2022- 16 FROM LATHROP LAND ACQUISITION, LLC, LOCATED NEAR CLSP NH iD AND APPROVE BUDGET AMENDMENT FOR MAINTENANCE APPROVALS:
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Bellal Nab zadah Date
Assistant Engineer
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Brad aylor Date
City Engineer
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Finance Director
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Michael King Date
Assistant City Mana er
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Salvador Navarrete Date
City Attorney
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Step n J. Salvatore Date
City Manager
226
RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP ACCEPTING
PUBLIC IMPROVEMENTS ASSOCIATED WITH SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 4105 AND ENCROACHMENT PERMIT NO. 2022- 16
FROM LATHROP LAND ACQUISITION, LLC, LOCATED NEAR CLSP
NEIGHBORHOOD 1D AND APPROVING BUDGET AMENDMENT FOR
MAINTENANCE CONTRACT TO DAVID SILVA DBA SILVA LANDSCAPE AND ST.
FRANCIS ELECTRIC, LLC
WHEREAS, on October S, 2006, the City approved a Vesting Tentative Map VTM) for Tract 3533 to create 62 parcels on 960 acres of land. On March 20, 2007, the City approved a VTM for Tract 3647 to subdivide a portion of Tract 3533 into 1, 071 parcels on 190 acres of land; and
WHEREAS, on February 14, 2022, City Council approved Tract 4105, establishing 271 single- family lots. As required by the City' s subdivision ordinance, the approved Tract 4105 included a Subdivision Improvement Agreement ( SIA) to guarantee certain public improvements associated with the final map; and WHEREAS, the City previously accepted the public improvements for Golden Valley Parkway, Stanford Crossing Drive and Barbara Terry Boulevard and therefore the sound wall and landscaping improvements were constructed under Encroachment Permit 2022- 16 ( EP 22- 16); and
WHEREAS, Lathrop Land Acquisition, LLC ( Saybrook) has completed certain improvements associated with the SIA for Tract 4105 and EP 22- 16; and WHEREAS, to guarantee the completion of the unfinished improvements for Tract 4105, Performance Bond No. PB01987300007 in the sum of $ 15, 526, 694 and Labor and Materials No. PB01987300007 in the sum of $ 7, 763, 347 will remain in place until all improvements listed in the SIA are complete and inspected by staff; and
WHEREAS, the performance bond for EP 22- 16 ( PB01987300008) in the sum of $ 2, 645, 786. 76 and the Labor and Materials Bond ( PB01987300008) in the sum of 1, 322, 893. 38 will remain in place until all improvements listed on the encroachment permit are complete; and
WHEREAS, Saybrook has provided one- year warranty bonds based on 10% of the completed improvements construction cost. Bond values and descriptions are detailed in Table 1 below; and
227
Table 1
Contractor Scope of Bond Number Warranty
Work Bond Value
Pacific Excavation Traffic Si nal CA4182975M 55, 919. 80 David Hall Masonr Sound Walls 1001086892 18, 042. 50
Odyssey Landscaping CAC719817 30, 878. 68
Environmental
WHEREAS, staff has inspected the improvements listed in the GASB 34 Reports and confirmed that the improvements have been completed in accordance with City specifications and deemed complete by the City Engineer; and WHEREAS, Saybrook has submitted lien releases for the improvements being accepted. Staff recommends Council accept the improvements; and WHEREAS, the City' s maintenance costs will increase because of the additional improvements that have to be maintained. The City' s Service Maintenance CFD 2019- 02 has been established to help fund City maintenance and operating costs; and
WHEREAS, since this is a new development area, the initial budget for CFD 2019- 02 for CLSP was planned for gradual development. However, with the rate of development and rise in inflation cost, staff is asking for a budget amendment to cover the City' s Landscaper, David Silva dba Silva Landscape and Electrician, St.
Francis Electric, LLC.; and
WHEREAS, Staff is requesting Council approve a budget amendment for FY 22/ 23 as follows:
Increase pro riation ( Streets Trees & Landscaping)
2680- 50- 55- 420- 27- 00 8, 100
Increase Appro riation ( Signal Maintenance)
2680- 50- 55- 420- 31- 00 1, 008
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby accept the public improvements from Saybrook, LLC associated with SIA for Tract 4105 and EP 22- 16 listed in the GASB 34 Reports included in Attachment C" to the City Manager' s Report; and
BE IT FURTHER RESOLVED, that City Council approves the related budget amendment to increase appropriations to CLSP CFD 2019- 02 budget for the fiscal year 2022- 23 as detailed above and maintenance contract amendments to David Silva dba Silva Landscape and St. Francis Electric, LLC. 228
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:
ABSTAIN:
ABSENT:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 229
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ATTACHMENT C
City of Lathrop
Project Acceptance
GASB 34 Report)
Submitted By: MacKay& Somps- Jeff Matson Date: 10/ 25/ 2022 Project: Tract 4105- Community Wall
Bound by River Islands Parkway, Golden Valley Parkway, Stanford Crossing Barabare Terry Drive
Address:
SOFT COSTS Unit Price Amount
I Bonding 4400 4400
Subtotal: 4, 400. 00
Item Descriotion Unit Qty Unit Price Amount
A Wall Construction
1 8' Tall Proto 2 Sound Wall lf 590 265.00 156, 350. 00 2 24" square pilasters EA 5 3935. 00 19, 675. 00
Subtotal: $ 176, 025. 00
Hard Cost Subtotal$ 176, 025. 00
Softcost Total $ 4, 400. 00
Total$ 180, 425. 00
233
City ot Lathrop
Project Acceptance
GA58 34 Report)
Submitted By: MacKay& Somps- Jeff Matson Date: 10/ 18/ 2022 Project: Trect 4105- Faber Drive Treffic Signal
Intersection of Faber Drive and Golden Valley Parkway
Address:
SOFT COSTS Unit Price Amount
I Signal Warrant Analysis 5500 5500
2 Traffic Signal Design 23250 23250
Subtotal: 28, 750. 00
Item Descriotion Unit gty Unit Price Amount
A MISCELLANEOUS
1 Traffic signal and future signal interconnect l5 1 528168. 00 $ 528, 168. 00 Subtotal: $ 528, 168. 00
B SIGNING& STRIPING
1 Asphalt striping LS 1 29, 137.00 $ 29, 137. 00
2 Asphalt pavement Striping green LF 200 0. 00
3 Asphalt pavement Detail 38 LF 120 0. 00
4 Asphalt pavement Detaii 22 LF 15 0. 00
S Roadway Signs EA 6 0. 00
Subtotal: $ 29, 137. 00
Hard Cost Subtotal $ 557, 305. 00
Softcost Total $ 28, 750. 00
Total$ 586, 0_55. 00
234
City of Lathrop
Project Acceptance
GASB 34 Report)
Submitted By: MacKay& Somps- Jeff Matson Date: 30/ 31/ 2022 Project: CLSP- Neighborhood 1D- HD- Golden Valley Parkway Public Landscaping Golden Valley Parkway from Northeast corner of Tract 4105 to the intersection of Golden Valley Parkway and Stanford Crossing.
Address:
SOFT COSTS Unit Price Amount
1 Landscape Design( Gates)- Design costs will be included with Tract 4105 acceptance 5 0.00
3 Bonding 30, 878. 68 30, 878. 68
Subtotai: 30, 878. 68
Item Descriotion Unit ty Unit Price Amount
A Landscape LS 1 90,927.50 90, 927. 50
1 24" Box Trees 36
2 5G Shrubs 23z
3 1G Shrubs 91
4 Mulch 233
5 Soil Preparation 144708
6 Headerboard qZQ
7 Sidewalk 610
Subtotal: $ 90,927. 50
8 Irrigation LS 1 126, 350.45 126,350.45
1 Mainiine 1656
2 Control Valves lZ
3 Quick Couplers 10
4 Bai Valves 6
5 Lateral Line Pipe 6200
6 Poly/ Drip pipe 11488. 5
7 Shrub Bubblers 367
8 Tree Bubblers Z
9 Fittings 1173
Subtotal: $ 126, 350. 45
F Miscellaneous
1 Root Barriers LF 240 12. 20 2, 928.00
2 Steel Edging LF 968 511. 30 10,938.40
3 3"- 8" Cobble SF 3783 6. 55 24,778. 65
4 Stabilized Decomposed Granite( over 4" base) SF 3148 9•75 30, 693. 00 5 Boulders EA 3 700. 00 2, 100. 00
5 2" x6" Concrete Mow Band LF 118 555. 60 6, 560. 80
5 90 day maintenance Month 3 945. 00 2, 835. 00
5 Instali 5' sidewlak& Concrete popouts at corner of GVP and Stanford SF 610 17.50 10, 675. 00 Subtotal: $ 91, 508. 85
Hard Cost Subtotal $ 308, 786. 80
Softcost Total$ 30, 878. 68
Total $ 339, 665. 48
235
236
ITEM 4. 18
CITY MANAGER' S REPORT
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING
ITEM: CREATE CIP PS 23- 09 FOR SIDEWALK INFILL AT )"
STREET AND 5T" STREET INTERSECTION, AND
APPROVE RELATED BUDGET AMENDMENT
RECOMMENDATION: Adopt Resolution Creating CIP PS 23- 09 for Sidewalk Infill at " J" Street and 5t'' Street Intersection and
Approving Budget Amendment
SUMMARY:
The " 7" Street and 5th Street intersection is currently all- way stop controlled with curb returns only at the north and south of the easterly leg. Staff is proposing to create Capital Improvement Project ( CIP) PS 23- 09 for Sidewalk Infill at the " J" Street and 5th Street intersection to construct the westerly curb returns and install standardized American with Disabilities Act ( ADA) ramps.
The proposed project also includes improvement of the roadway and sidewalk from the centerline of 5th Street to 250 feet west of the intersection. This segment will be paved to accommodate parking and bike lanes and connect to the existing curb and gutter on both sides of the road. The existing driveways will be reconstructed and transitioned to the new surface flow line. The improvements will provide pedestrian connectivity within the neighborhood and through the intersection.
Staff is requesting that City Council approve the creation of CIP PS 23- 09 for Sidewalk Infill at J" Street and 5th Street. Staff is also requesting the approval of a related budget amendment transferring $ 100, 000 from the General Fund Street Repair Reserves ( 1010) to the CIP Project Fund to create the project and fund the design engineering services.
BACKGROUND:
J" Street is an east- west local residential road that extends from 7th Street to Harlan Road. Sidewalk, curb, and gutter are consistent from Harlan Road traveling east to 5th Street. The intersection of " J" Street and 5th Street is an all- way stop controlled intersection with curb returns only at the north and south of the easterly leg. Staff is proposing to create CIP PS 23- 09 for Sidewalk Infill at " J" Street and 5t" Street intersection to construct the missing curb returns and install compliant ADA ramps.
The proposed project also includes improvement of the roadway and sidewalk from the centerline of 5th Street to 250 feet west of the intersection. This segment will be paved to accommodate parking and bike lanes and connect to the existing curb and gutter on both sides of the road. The existing driveways will be reconstructed and transitioned to the new surface flow line. The improvements will provide pedestrian connectivity within the neighborhood and through the intersection. 237
CITY MANAGER' S REPORT PAGE 2
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING
CREATE CIP PS 23- 09 FOR SIDEWALK INFILL AT)" STREET AND 5T" STREET
INTERSECTION, AND APPROVE BUDGET AMENDMENT
Staff is requesting that City Council approve the creation of CIP PS 23- 09 for Sidewalk Infill at " J" Street and 5t" Street. Staff is also requesting the approval of a related budget amendment transferring $ 100, 000 from the General Fund Street Repair Reserves to the CIP Project Fund to create the project and fund the design engineering services.
REASON FOR RECOMMENDATION:
Creation of CIP PS 23- 09 for Sidewalk Infill at " J" Street and 5th Street intersection is needed to match existing roadway pavement and provide sidewalk, curb, and gutter connectivity west of the intersection. Approving the creation of CIP PS 23- 09 will allow the City to begin planning and designing phases for the proposed project. StafF will return to Council at a later date to award a construction contract.
FISCAL IMPACT:
To initiate the project and fund the design phase, staff is also requesting City Council approve a budget amendment transferring $ 100, 000 from the General Fund Street Repair Reserves ( 1010) to the CIP Project Fund ( 3310) as follows:
Decrease Street Repair Reserves
1010- 251- 03- 00 100, 000
Increase Transfer Out
1010- 9900- 990- 9010 100, 000
Increase Transfer In
3310- 9900- 393- 0000 PS 23- 09 100, 000
Increase Appropriation
3310- 8000- 420- 1200 PS 23- 09 100, 000
ATTACH M ENTS:
A. Resolution Creating CIP PS 23- 09 for Sidewalk Infill at)" Street and 5th Street Intersection and Approving Budget Amendment
B. Location Map - CIP PS 23- 09 for Sidewalk Infill at ]" Street and 5th Street 238
CITY MANAGER' S REPORT PAGE 3
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING
CREATE CIP PS 23- 09 FOR SIDEWALK INFILL AT)" STREET AND 5T" STREET
INTERSECTION, AND APPROVE BUDGET AMENDMENT
APPROVALS:
3 - , Zoz
Ang ca Date
Assistant Engineer
11- 3- D
en Reed Date
Senior Construction Manager
II/ 3IZoz2
Brad aylor Date
City Engineer
H- ZoZZ
Michael King Date
A sistant City Manager
i
II - L- oaCari Jam Date
Finance ir ctor
Zp zz
Salvador Navarrete Date
City Attorney
1' 8• ZZ
Step n J. Salvatore Date
City Manager
239
RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP CREATING CIP PS 23- 09 FOR SIDEWALK INFILL AT J" STREET AND 5th STREET
INTERSECTION AND APPROVING BUDGET AMENDMENT
WHEREAS, ")" Street and 5th Street intersection is currently all- way stop controlled with curb returns only at the north and south of the easterly leg; and WHEREAS, staff is proposing to create Capital Improvement Project ( CIP) PS 23- 09 for Sidewalk Infill at " J" Street and 5t'' Street intersection to construct the westerly curb returns and install standardized American with Disabilities Act ( ADA) ramps; and
WHEREAS, the proposed project also includes improvement of the roadway and sidewalk from the centerline of 5th Street to 250 feet west of the intersection; and
WHEREAS, this segment will be paved to accommodate parking and bike lanes and connect to the existing curb and gutter on both sides of the road. The existing driveways will be reconstructed and transitioned to the new surface flow line. The improvements will provide pedestrian connectivity within the neighborhood and through the intersection; and
WHEREAS, staff is requesting that City Council approve the creation of CIP PS 23- 09 for Sidewalk Infill at " J" Street and 5th Street. Staff is also requesting the approval of a related budget amendment transferring $ 100, 000 from the General Fund Street Repair Reserves to the CIP Project Fund to create the project and fund the design engineering services as follows;
Decrease Street Repair Reserves
1010- 251- 03- 00 100, 000
Increase Transfer Out
1010- 9900- 990- 9010 100, 000
Increase Transfer In
3310- 9900- 393- 0000 PS 23- 09 100, 000
Increase Appropriation
3310- 8000- 420- 1200 PS 23- 09 100, 000
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby creates Capital Improvement Project ( CIP) PS 23- 09 for Sidewalk Infill at J" Street and 5t'' Street Intersection; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop also approves a budget amendment transferring $ 100, 000 from the General Fund Street Repair Reserves ( 1010) to the CIP Project Fund ( 3310) as detailed above. 240
The foregoing resolution was passed and adopted this 14t" day of November 2022, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS T FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 241
ATTACHMENT
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ITEM 4. 19
CITY MANAGER' S REPORT
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING
ITEM: RESCIND RESOLUTION NO. 22- 5092, AWARD
CONSTRUCTION CONTRACT TO G& G BUILDERS, INC.
FOR THE INSTALLATION OF RUBBERIZED
SURFACING, CIP PK 22- 44 LOCATED WITHIN THE
RIVER ISLANDS DEVELOPMENT AREA AND APPROVE
BUDGET AMENDMENT
RECOMMENDATION: Adopt Resolution Rescinding Resolution No. 22- 5092, Awarding Construction Contract to G& G
Builders, Inc. for the Installation of Rubberized
Surfacing, CIP PK 22- 44 Located within the River
Islands Development Area and Approving Budget
Amendment
SUMMARY:
On June 14, 2022, City Council approved via Resolution No. 22- 5092 the award of a construction contract to Frontline General Engineering Construction, Inc. ( Frontline) for the construction of Capital Improvement Project ( CIP) PK 22- 44 Installation of Rubberized Surfacing ( Project) to replace engineered wood fiber playground surfacing with rubberized surfacing at Reflections, Somerston, and Tidewater Parks, all within the River Islands Development Area.
Subsequent to contract execution, Frontline sent a letter to the City requesting the cancellation of this construction contract due to extensive supply chain delays.
Staff is requesting that City Council rescind Resolution No. 22- 5092 awarding the construction contract to Frontline and adopt a resolution awarding the construction contract for the Project to the second lowest bidder, G& G Builders, Inc. ( G& G), for a cost of $ 538, 543. Staff is also requesting the approval of a 10% construction contingency for $ 53, 854 for a total cost not to exceed $ 592, 397.
Staff is also requesting City Council approve a budget amendment transferring 108, 215 from the Measure C Fund ( 1060) to the CIP Project Fund ( 3010) to fund the increased construction cost.
BACKGROUND:
StafF was directed to replace the engineered wood fiber ( EWF) surfacing at Reflections, Somerston, and Tidewater parks with pour- in- place rubberized recreational surfacing. Staff expedited the solicitation of bids for the construction of the Project, and on June 14, 2022, City Council approved the creation of and awarded the construction contract for the Project to Frontline General Engineering Construction, Inc. via Resolution 22- 5092.
243
CITY MANAGER' S REPORT PAGE 2
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING
RESCIND RESOLUTION NO. 22- 5092, AWARD CONSTRUCTION CONTRACT TO G& G BUILDERS, INC. FOR THE INSTALLATION OF RUBBERIZED SURFACING, CIP PK 22- 44 LOCATED WITHIN THE RID AREA AND APPROVE BUDGET
AMENDMENT
Table 1 - Summary of Bid Results, lists the bids received on June 2, 2022 for this work.
Tab/ e 1: Summar ofBid Resu/ ts
Contractor Total Bid
Frontline General En ineerin Construction, Inc. 440, 165 G& G Builders, Inc. 538, 543
Stockbrid e General Contractin , Inc. 569, 429
Subsequent to contract execution, Frontline requested cancellation of their construction contract with the City due to extensive supply chain delays.
Staff requests City Council adopt a resolution rescinding Resolution 22- 5092 which awarded Frontline a construction contract valued at $ 440, 165 for construction of the Project and awarding the construction contract for the Project to the second lowest bidder, G& G Builders, Inc. ( G& G) for a cost of $ 538, 543.
Staff also requests City Council authorize a 10% construction contingency of $ 53, 854 and authorize staff to spend the contingency as necessary to achieve the goals of the project for a total cost not to exceed $ 592, 397.
Should City Council choose to cancel Frontline' s contract, Frontline' s bid bond in the amount of $ 44, 017 will be returned, and no further recourse will be sought.
REASON FOR RECOMMENDATION:
Frontline requested the cancellation of this construction contract. Staff is requesting Council award the construction contract to G& G will allow the Project construction to resume progress.
FISCAL IMPACT:
Funding for this proposed construction cost and contingency increase is available from the Measure C Fund ( 1060). Staff requests City Council approve a budget amendment transferring $ 108, 215 from the Measure C Fund ( 1060) to the CIP Project Fund ( 3010) as follows:
Increase Transfer Out
1060- 9900- 990- 9010 108, 215
Increase Transfer In
3010- 9900- 393- 0000 CIP PK 22- 44 108, 215
Increase A propriation
3010- 9900- 393- 0000 CIP PK 22- 44 108, 215
244
CITY MANAGER' S REPORT PAGE 3
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING
RESCIND RESOLUTION NO. 22- 5092, AWARD CONSTRUCTION CONTRACT TO G& G BUILDERS, INC. FOR THE INSTALLATION OF RUBBERIZED SURFACING, CIP PK 22- 44 LOCATED WITHIN THE RID AREA AND APPROVE BUDGET
AMENDMENT
ATTACH M ENTS:
A. Resolution Rescinding Resolution No. 22- 5092, Award Construction Contract to G& G Builders, Inc. for the Installation of Rubberized Surfacing, CIP PK 22- 44 and Approve Budget Amendment
B. Construction Contract with G& G Builders, Inc. for the construction of CIP PK 22- 44, Installation of Rubberized Surfacing
245
CITY MANAGER' S REPORT PAGE 4
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING
RESCIND RESOLUTION NO. 22- 5092, AWARD CONSTRUCTION CONTRACT TO G& G BUILDERS, INC. FOR THE INSTALLATION OF RUBBERIZED SURFACING, CIP PK 22- 44 LOCATED WITHIN THE RID AREA AND APPROVE BUDGET
AMENDMENT
APPROVALS:
0_27. 22
Steven Hollenbeak Date
Assistant Engineer
I( -,- --
Ken Ree Date
Senior Construction Manager
Fd• t r 6l'$ ZaZ L
Cari James Date
Director of Finance
t
I - z- 2o zz
Michael King Date
Assistant City Manager
O' 3 z.o --.
Salvador Navarrete Date
City Attorney
Z?
Ste en J. Salvatore Date
City Manager
246
RESOLUTION NO. 22 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP RESCINDING RESOLUTION NO. 22- 5092, AWARDING A CONSTRUCTION CONTRACT TO G& G BUILDERS, INC. FOR THE INSTALLATION OF RUBBERIZED SURFACING, CIP PK 22- 44 LOCATED WITHIN THE RIVER
ISLANDS DEVELOPMENT AREA AND APPROVING BUDGET AMENDMENT WHEREAS, via Resolution No. 22- 5092, City Council approved the creation of Capital Improvement Project ( CIP) PK 22- 44 Installation of Rubberized Surfacing Project) and awarded the construction contract for the Project valued at $ 440, 165 to the low bidder, Frontline General Engineering Construction, Inc.; and WHEREAS, Frontline' s listed subcontractor has informed the company that their rubberized surfacing material is experiencing a 24- week lead time to procure; and
WHEREAS, Frontline 'requested that the City cancel its construction contract due to extensive supply chain delays; and
WHEREAS, staff is requesting that the City Council cancel Frontline' s construction contract via rescission of Resolution No. 22- 5092; and WHEREAS, staff will return Frontline' s bid bond in the amount of $ 44, 017, - and no further recourse will be sought; and
WHEREAS, based on review and evaluation of the bids submitted for the construction of the Project on June 2, 2022, the next lowest responsive and responsible bid to Frontline' s was determined to be from G& G Builders, Inc. ( G& G), at $ 538, 543; and
WHEREAS, staff is requesting that City Council approve the award of a construction contract to G& G for construction of the Project in the amount of 538, 543 plus a 10% construction contingency in the amount of $ 53, 854 for a total cost not to exceed $ 592, 397; and
WHEREAS, staff confirmed with G& G that bid is still in effect and available for City to accept; and
WHEREAS, to support the increased construction cost, staff is also requesting City Council approve a budget amendment transferring funds from the Measure C Fund ( 1060) to the CIP Project Fund ( 3010) as follows:
Increase Transfer Out
1060- 9900- 990- 9010 108, 215
Increase Transfer In
3010- 9900- 393- 0000 CIP PK 22- 44 108, 215
Increase Appropriation
3010- 9900- 393- 0000 CIP PK 22- 44 108, 215
247
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve rescission of Resolution No. 22- 5092, voiding the City' s construction contract with Frontline General Engineering Construction, Inc. valued at 440, 165 for CIP, PK 22- 44 Installation of Rubberized Surfacing; and BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby approve the award of a construction contract to G& G Builders, Inc. for construction of the Project in the amount of $ 538, 543 and approves a 10% construction contingency in the amount of $ 53, 854 for a total cost not to exceed 592, 397, and authorizes staff to spend up to this amount as necessary to accomplish the goals of the Project; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby approve a related budget amendment transferring $ 108, 215 from the Measure C Fund ( 1060) to the CIP Project Fund ( 3010) to support the increased construction cost.
248
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:
ABSENT:
ABSTAIN:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 249
ATTACHMEN
SECTION 00500
INSTALLATION OF RUBBERIZED SUFACING CONTRACT
CIP PK 22-44
CONTRACT
This Contract, dated November 14, 2022, is entered into by and between the City of Lathrop, a municipal corparation of the State of California ( City), and G& G Builders, Inc., ( Contractor), whose Taxpayer ldentification Number is
For and in consideration of the following covenants, terms and conditions, City and Contractor( the parties) agree:
1. Term. This Contract shall commence on, and be binding on the parties on, the date of execution of this Contract, and shall expire on the date of recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder, subject to the earlier termination of this Contract.
2. General Scope of Project and Work. Construction Documents for Installation of Rubberized Surfacing, CIP PK 22- 44 ( Project). Contractor shall furnish labor, services, materials and equipment in connection with the construction of the Project and complete the Work in accordance with the covenants, terms and conditions of this Contract to the satisfaction of City. The Project and Work is generally described as follows:
The work to be performed under this contract includes all work contained in the Construction Documents, as detailed in Paragraph 3 below, including, but not limited to: removal of engineered wood fiber, demolition and removal of concrete ramps, and installation of aggregate base and pourin- place rubberized recreational surfacing.
The work shall be completed within 50 working days following issuance of Notice to Proceed.
The Work shall be complete, and all appurtenant work, materials, and services not expressly shown or called for in the Construction Documents which may be necessary for the complete and proper construction of the Work in good faith shall be performed, furnished, and installed by the Contractor as though originally specified or shown. The Contractor will be compensated for work actual work performed in accordance with the unit prices and provisions contained in these Construction Documents.
Base Bid Total: 538, 543( Five Hundred Thirtv Eight Thousand, Five Hundred Fortv Three Dollars)
3. Construction Documents. This Contract shall include the Construction Documents which are on file with Public Warks Department and are hereby incorporated by reference ( i. e. Project Specifications, Project Plans, addenda, performance bond, labar and materials bond, certification of insurance, workers compensation certification, and guaranty) and the Bid Documents submitted by G& G Builders, Inc. on June 2, 2022. For the purposes of construing, interpreting and resolving inconsistencies between the provisions of this Contract, these documents and the provisions thereof are set forth in the order of precedence described in Article 3 of the General Conditions.
4. Compensation. In consideration of Contractor' s performance of its obligations hereunder, City shall pay to Contractor the amount set forth in Contractor' s Bid in accordance with the provisions of this Contract and upon the receipt of written invoices and all necessary supporting documentation within the time set forth in the Construction Documents. Contractor hereby shall not be permitted to invoice the City nor accept compensation for work not yet complete. 00500- 1
250
SECTION 00500
INSTALLATION OF RUBBERIZED SUFACING CONTRACT
CIP PK 22- 44
event, shall the Contractor be entitled to payment for work not included in the approved scope of work, a written task order, or change order signed by the City' s Public Works Director prior to commencement of any work.
5. Insurance. On or before the Date of Execution, Contractor shall obtain and maintain the policies of insurance coverage described in Section 5. 2 of the General Conditions on terms and conditions and in amounts as may be required by the City. City shall not be obligated to take out insurance on Contractor' s personal property or the personal property of any person performing labor or services or supplying materials or equipment under the Project. Contractor shall furnish City with the certificates of insurance and with original endorsements affecting coverage required under this Contract on or before the Date of Execution. The certificates and endorsements for each insurance policy shall be signed by a person who is authorized by that insurer to bind coverage in its behalf.
Proof of insurance shall be mailed to the Project Manager to the address set forth in Section 15 of this Contract.
6. Indemnification. Contractor agrees to protect, defend, indemnify and hold City, its City Council members, officers, employees, engineer, and construction manager harmless from and against any and all claims, demands, liabilities, losses, damages, costs, expenses, liens, penalties, suits, or judgments, arising in whole or in part, directly or indirectly, at any time from any injury to or death of persons or damage to property as a result of the willful or negligent act or omission of Contractor, or which results from Contractor' s noncompliance with any Law respecting the condition, use, occupation or safety ofthe Project site, or any part thereof, or which arises from Contractor' s failure to do anything required under this Contract or for doing anything which Contractor is required not to do under this Contract, or which arises from conduct for which any Law imposes strict liability on Contractor in the performance of or failure to perform the terms and conditions of this Contract, except as may arise from the sole willful or negligent act or omission of City or any of its City Council members, officers, employees. This indemnification shall extend to any and all claims, demands, or liens made or filed by reason of any construction, renovation, or remodeling work performed by Contractor under this Contract at any time during the term of this Contract, or arising thereafter.
7. Assumption of Risk. Contractor agrees to voluntarily assume any and all risk of loss, damage, or injury to the property of Contractor which may occur in, on, or about the Project site at any time and in any manner, excepting such loss, injury, or damage as may be caused by the sole willful or negligent act or omission of City or any of its City Council members, officers, or employees.
8. Waiver. The acceptance of any payment or performance, or any part thereof, shall not operate as a waiver by City of its rights under this Contract. A waiver by City of any breach of any part or provision of this Contract by Contractor shall not operate as a waiver or continuing waiver of any subsequent breach of the same or any other provision, nor shall any custom or practice which may arise between the parties in the administration of any part or provision of this Contract be construed to waive or to lessen the right of City to insist upon the performance of Contractor in strict compliance with the covenants, terms and conditions of this Contract
9. Compliance with Laws. Contractor shall comply with all Laws now in force or which may hereafter be in force pertaining to the Project and Work and this Contract, with the requirement of any bond or fire underwriters or other similar body now or hereafter constituted, with any discretionary license or permit issued pursuant to any Law of any public agency or official as well as with any provision of all recorded documents affecting the Project site, insofar as any are required by reason 00500- 2
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of the use or occupancy of the Project site, and with all Laws pertaining to nondiscrimination and af rmative action in employment and hazardous materials.
DEPARTMENT OF INDUSTRIAL RELATIONS- COMPLIANCE MONITORING UNIT DIR Registration.
a) Contractar and Subcontractor Compliance. Strict compliance with DIR registration requirements pursuant to Labor Code Section 1725. 5 is a material obligation of the Contractor under the Contract Documents. The foregoing includes without limitation, compliance with DIR Registration requirements at all times during performance of the Work by the Contractor and all Subcontractors of any tier. The failure of the Contractor and all Subcontractors of every tire to be DIR registered at all times during the performance of the Work is the Contractor' s default of a material obligation of the Contractor under the Contract Documents.
b) No Subcontractor Performance of Work Without DIR Registration. No portion of the Work is permitted to be performed by a Subcontractor of any tier unless the Subcontractor is a DIR Registered contractor.
c) Contractor Obligation to Verify Subcontractor DIR Registration Status. An affirmative and ongoing obligation of the Contractor under the Contract Documents is the Contractor' s verification that all Subcontractors, of all tiers, are at all times during performance of Work in full and strict compliance with DIR Registration requirements. The Contractor shall not permit or allow any Subcontractor of any tier to perform any Work without the Contractor' s verification that all such Subcontractors are in full and strict compliance with DIR Registration requirements. d) Contractor Obligation to Request Substitution of Non- DIR Registered Subcontractor. If any Subcontractor identified in the Contractor' s Subcontractor List submitted with the Contractor' s proposal for the Work is not DIR Registered at the time of opening of proposals for the Work or if a Subcontractor' s DIR registration lapses prior to or during a Subcontractor' s performance of Work, the Contractor shall request the CITY' s consent to substitute the non- DIR registered Subcontractor pursuant to Labor Code Section 177 L 1( c)( 3) and/ or Labor Code Section 1771. 1( d).
Certified Payroll Records
a) Compliance with Labor Code Section 1771. 4 and 1776. A material obligation of the Contractor under the Contract Documents is: ( i) the Contractor' s strict compliance with the requirements pursuant to Labor Code Section 1771. 4 and 1776 for preparation and submittal of Certified Payroll Records (" CPR"); and ( ii) the Contractor' s enforcement of CPR preparation and submittal for all Subcontractors of every tier.
b) Express Condition Precedent to Payment of Contact Price. Strict compliance with CPR requirements established pursuant to Labor Code Section 1776 is an express condition precedent to the CITY' s obligation to: ( i) process any request for payment of any portion of the Contract Price; or ( ii) to disburse any portion of the Contract Price to the Contractor. The Contractor shall demonstrate strict compliance with CPR preparation and submittal requirements by delivery to the CITY of electronic files or hard copies of all CPR' s submitted by the Contractor and/ or Subcontractors for Work pursuant to Labor Code Section 1771. 4 and 1776 concurrently with the submittal thereof to the Labor Commissioner. The CITY: ( i) shall not be obligated to process or 00500- 3
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disburse any portion of the Contract Price; or ( ii) shall not be deemed in default of the CITY' s obligations under the Contract Documents unless the Contractor' s demonstrates strict compliance with CPR preparation and submittal requirements.
c) PWR Monitoring and Enforcement. During the Work pursuant to Labor Code Section 1771. 4( a)( 4), the Department of Industrial Relations shall monitor and enforce the obligation of the Construction and Subcontractors of every tier to pay the laborers performing any portion of the work the PWR established for the classification of work/ labor performed.
RECORD OF WAGES PAID: INSPECTION
Pursuant to Labor Code section 1776, Contractor stipulates to the following:
a) Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work under the Facilities lease and Construction Provisions. Such records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information of such forms. The payroll records may consist of payroll data that are maintained as computer records, if printouts contain the same information as the forms provided by the division and the printouts are verified as specified in subdivision ( a) of Labor Code section 1776.
b) The payroll records enumerated under subdivision ( a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor on the following basis:
1) A certified copy of an employee' s payroll record shall be made available for inspection or furnished to such employees or his or her authorized representative on request. 2) A certified copy of all payroll records enumerated in subdivision ( a) shall be made available for inspection or furnished upon request to a representative of the CITY, the Division of Labor Standards Enforcement, and Division of Apprenticeship Standards of the Department of Industrial Relations.
3) A certified copy of all payroll records enumerated in subdivision ( a) shall be made available upon request by the public for inspection or copies thereof. However, a request by the public shall be made through either the CITY, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph ( 2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by Contractor, subcontractors, and the entity through which the request was made. The public shall not be given access to such records at the principal office of Contractor. c) Contractor shall file a certified copy of the records enumerated in subdivision ( a) with the entity that requested such records within ten ( 10) days after receipt of the written request. d) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency, by the CITY, the Division of Apprenticeship Standards, or the division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent 00500- 4
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disclosure of an individual' s name, address and social security number. The name and address of contractar awarded the contract or performing the contract shall not be marked or obliterated. e) Contractor shall inform the CITY of the location of the records enumerated under subdivision ( a), including the street address, city, and county, and shall, within ( 5) working days, provide a notice of a change of location and address.
In the event of noncompliance with the requirements of this Article, Contractor shall have ten ( 10) days in which to comply subsequent to receipt of written notice specifying in what respects Contractor must comply with this Article. Should noncompliance still be evident after such 10- day period, Contractor shall pay a penalty of One- Hundred Dollars ($ 100. 00) to the CITY for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from the progress payment then due.
The responsibility for compliance with this Article shall rest upon Contractor.
10. Bonds. As a condition precedent to City' s obligation to pay compensation to Contractor, and on or before the date of Execution, Contractor shall furnish to the Project Manager the Bonds as required under the Notice to Contractors.
11. Representations and Warranties. In the supply of any materials and equipment and the rendering of labor and services during the course and scope of the Project and Work, Contractor represents and warrants:
1) Any materials and equipment which shall be used during the course and scope of the Project and Work shall be vested in Contractor;
2) Any materials and equipment which shall be used during the course and scope of the Project and Work shall be merchantable and fit to be used for the particular purpose for which the materials are required;
3) Any labor and services rendered and materials and equipment used or employed during the course and scope of the Project and Work shall be free of defects in workmanship for a period of one ( 1) year after the recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder; 4) Any manufacturer' s warranty obtained by Contractor shall be obtained or shall be deemed obtained by Contractor for and on behalf of City.
5) Any information submitted by Contractor prior to the award of Contract, or thereafter, upon request, whether or not submitted under a continuing obligation by the terms of the Contract to do so, is true and correct at the time such information is submitted or made available to the City;
6) Contractor has not colluded, conspired, or agreed, directly or indirectly, with any person in regard to the terms and conditions of Contractor' s Bid, except as may be permitted by the Notice to Contractors;
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7) Contractor has the power and the authority to enter into this Contract with City, that the individual executing this Contract is duly authorized to do so by appropriate resolution, and that this Contract shall be executed, delivered and performed pursuant to the power and authority conferred upon the person or persons authorized to bind Contractor; 8) Contractor has not made an attempt to exert undue influence with the Project Manager or any other person who has directly contributed to City' s decision to award the Contract to Contractor;
9) There are no unresolved claims or disputes between Contractor and City which would materially affect Contractor' s ability to perform under the Contract; 10) Contractor has furnished and will furnish true and accurate statements, recards, reports, resolutions, certifications, and other written information as may be requested of Contractor by City from time to time during the term of this Contract; 11) Contractor and any person performing labor and services under this Project is duly licensed as a contractor with the State of California as required by California Business & Professional Code Section 7028, as amended; and
12) Contractor has fully examined and inspected the Project site and has full knowledge ofthe physical conditions of the Project site.
12. Assi nment. This Contract and the performance required hereunder is personal to Contractor, and it shall not be assigned by Contractor. Any attempted assignment shall be null and void.
13. Claims of Contractor. All claims pertaining to extra work, additional charges, or delays within the Contract Time or other disputes arising out of the Contract shall be submitted by Contractor in accardance with the General Conditions.
14. Audits by CitX. During the term of this Contract and far a period of not less than three ( 3) years after the expiration or earlier termination of this Contract, City shall have the right to audit Contractor' s Project-related and Work-related writings and business records, as such terms are defined in California Evidence Code Sections 250 and 1271, as amended, during the regular business hours of Contractor, or, if Contractor has no such hours, during the regular business hours of City.
15. Notices. All contracts, agreements, appointments, approvals, authorizations, claims, demands, Change Orders, consents, designations, notices, offers, requests and statements given by either party to the other shall be in writing and shall be sufficiently given and served upon the other party if ( 1) personally served, ( 2) sent by the United States mail, postage prepaid, ( 3) sent by private express delivery service, or( 4) in the case of a facsimile transmission, if sent to the telephone FAX number set forth below during regular business hours of the receiving party and followed with two 2) days by delivery of a hard copy of the material sent by facsimile transmission, in accordance with ( 1), ( 2) or ( 3) above. Personal service shall include, without limitation, service by delivery and service by facsimile transmission.
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To City: City of Lathrop
City Clerk
390 Towne Centre Drive
Lathrop, CA 95330
To City: City of Lathrop
Department of Public Works
390 Towne Centre Drive
Lathrop, CA 95330
PHONE: ( 209) 941- 7430
FAX: ( 209) 941- 7449
ATTN: Senior Construction Manager
To Contractor: G& G Builders, Inc.
Mailing Address: 4542 Contractor' s Place Livermore, CA 94551 Phone: 925) 846- 9023
Email: gcallahan @ builders. com
ATTN: Gerard Callahan
16. Miscellaneous.
1) Bailee Disclaimer. The parties understand and agree that City does not purport to be Contractor' s bailee, and City is, therefore, not responsible for any damage to the personal property of Contractor.
2) Consent. Whenever in this Contract the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent.
3) Controlling Law. The parties agree that this Contract shall be governed and construed by and in accordance with the Laws of the State of California. 4) Definitions. The definitions and terms are as defined in these specifications. 5) Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Contract, which directly results from an Act of God or an act of a superior governmental authority.
6) Headings. The paragraph headings are not a part of this Contract and shall have no effect upon the construction or interpretation of any part of this Contract. 7) Incorporation of Documents. All documents constituting the Construction Documents described in Section 3 hereof and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated in this Contract and shall be deemed to be part of this Contract. 00500- 7
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8) Integration. This Contract and any amendments hereto between the parties constitute the entire contract between the parties concerning the Project and Work, and there are no other prior oral or written contracts between the parties that are not incorporated in this Contract. 9) Modification of Contract. This Contract shall not be modified or be binding upon the parties unless such modification is agreed to in writing and signed by the parties. 10) Provision. Any contract, covenant, condition, clause, qualification, restriction, reservation, term or other stipulation in the Contract shall define or otherwise control, establish, or limit the performance required or permitted or to be required of or permitted by either party. All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions.
11) Resolution. Contractor shall submit with its Bid a copy of any corporate or partnership resolution or other writing, which authorizes any director, officer or other employee or partner to act for or on behalf of Contractor or which authorizes Contractor to enter into this Contract.
12) Severability. If a court of competent jurisdiction finds or rules that any provision of this Contract is void or unenforceable, the provisions of this Contract not so affected shall remain in full force and effect.
13) Status of Contractor. In the exercise of rights and obligations under this Contract, Contractor acts as an independent contractor and not as an agent or employee of City.
Contractor shall not be entitled to any rights and benefits accorded or accruing to the City Council members, officers or employees of City, and Contractor expressly waives any and all claims to such rights and benefits.
14) Successors and Assigns. The provisions of this Contract shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties. 15) Time of the Essence. Time is of the essence of this Contract and each of its provisions. In the calculation of time hereunder, the time in which an act is to be performed shall be computed by excluding the first Day and including the last. If the time in which an act is to be performed falls on a Saturday, Sunday, or any Day observed as a legal holiday by City, the time for performance shall be extended to the following Business Day. 16) Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Joaquin or in the United States District Court for the Eastern District of California. 17) Recovery of costs. The prevailing party in any action brought to enforce the terms of this Contract or arising out of this Contract, including the enforcement of the indemnity provision( s), may recover its reasonable costs, including reasonable attorney' s fees, incurred or expended in connection with such action against the non- prevailing party. 18) Contractor and subcontractors must comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act ( 42 USC 1857( h)), Section 508 of the Clean Water Act ( 33 USC 1368), Executive Order 11738, and Environmental Protection Agency Regulations at 40 CFR Part 15.
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19) Contractors and subcontractors must comply with mandatory standards and policies relating to the energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation ACT( Public Law 94- 163, 89 stat 871).
20) The Contractor shall provide access to the site for the Environmental Protection Agency and its duly authorized representatives, and the City.
21) If during the course of construction evidence of deposit of historical or archaeological interest is found, the Contractor shall cease operation affecting the find and shall notify the City, who shall notify the EPA and the State Historic Preservation Officer. No further disturbance of the deposits shall ensue until the Contractor has been notified by the City that construction may proceed. The City will issue a notice to proceed only after the state official has surveyed the find and made a determination to the EPA and the City.
Compensation to the contractor, if any, for lost time or changes in construction to avoid the find, shall be determined in accordance with changed conditions or change order provisions of the Construction Documents.
22) Notice to Proceed. Prior to commencing work under this Contract, CONTRACTOR shall receive a written" Notice to Proceed" from CITY. A Notice to Proceed shall not be issued until all necessary bonds and insurances have been received. City shall not be obligated to pay CONTRACTOR for any services prior to issuance of the Notice to proceed. 23) Signatures. The individuals executing this Contract represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Contract on behalf of the respective legal entities of the CONTRACTOR and the CITY. This Contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
24) This project is a public works project: Contractor shall comply with requirements of California Labor Code § 1700 and following, and prevailing wages shall be paid for work performed on this project.
25) The statutory provisions for penalties for failing to comply with the State of California wage and labor laws be enforced, as well as that for failing to pay prevailing wages.
EXHIBITS:
EXHIBIT A: Contractor' s Submitted Bid Packet
Certification of insurance, performance and payment bonds, and worker' s compensation certification shall be furnished to the City by the Contractor after City Council' s approval with resolution.
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IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above stated in Lathrop, California.
CONTRACTOR:
By:
Name:
Title:
CITY OF LATHROP
APPROVED AS TO FORM:
By:
Salvador Navarrete, City Attorney
RECOMMENDED FOR APPROVAL:
By:
Michael King, Assistant City Manager
APPROVED:
By:
Stephen J. Salvatore, City Manager
END OF SECTION)
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F„
r
sEc rioN ao3ao
INS' t'ALLATiON OF RUBBERIZED SURFACING B! D PROPOSAL ORM5 CIP PK 22- 44
Bin rRorosA. i,Fou s
TC: City of Lathrap
390 Towne Centre Drive
Lathrop, CA 95330
ATTENT[ ON: City Clerk
F R: INSTALLATIQN OF RUBBERIZED SURFACING, CiP PK 22- 44 THE UNDERSIGNED, AS BIDDER, HEREBY AGREES AND DECLARES THAT:
LEGAL C4MPLIANCE
The only persons or parties interested in this Bid as Principals are those named herein; that this Bid is made without collusion with any other person, firm, partnership, corporation, or association; that he has carefully examined the location of the proposed work and the Construction Documents; and he propases and agrees that ifthis Bid is accepted he wiil cantract with ihe City of Lathrop, in the form of the Contract as set forth in the Canstruction Documents for said project, to provide all the necessary labflr, services, materials, and equipment, and to do all the work and furnish all the materials; and that he will accept in fult payment therefore the price as proposed in the follawing Bid Schedule.
SCHEDULE OF PRICES
All applicable permit fees, Iicensing costs, sales taxes, State, and/ or Federal, and any ather taxes, patent rights, ar rayalties are included in the prices quated in the Bid. All blank spaces must 6e filled in.
BASIS OF AWARQ
The basis for award of the contract wilE be the price of the base bid. The City of Lathrop reserves the right to award the work contemplated by the base bid or none of the work. 00300- 1
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SECTION OU300
INSTALI AT1t.1N O RUBBERIZED S13RFACING BID PROPOSAL FORMS CIP PiC 22- 44
INSTALLATION 4F RUBBERIZED SURFACING
BID SCHEDULE
g
DESCRIPTION
UN[ T EXTENDED
ITEM QUANTITY UNIT' S
pRICE TOTAL
1 Mobiiization/ Bonds! lnsurance I LS 59, 551. 00 $ 59, 551. 00 2 Erosion and Sediment Cantral Plan( ESCP) i LS $ 923. 00 $ 1, 923. Qt} 3 Y
RemovclUfftiauilDispose of Existing 4, 665 SF
Q
F b a. 3s Zo,. 4s. 00
a"
RemavelOffhaul/ I) ispose of PCG
4 o
Ramps to 3, S" Depth
168 SF $
19. 23 $ 3, 230. OQ
5 Class II Aggregale Base 253 TON $
g4 3g $ Z5 43. 00
6 ` Rubberized Surfacin System- Complete 4, G65 F
g25. 55 $ 119, 656. UQ
Remove/ Offbaul/ Dispose of Existing
Fibar
3, 24 SF
g $ t6, 314. 00
RemovclOf haul/ Dispose of PCC
g
Ramps to 3. 5" Depth
8 r $25. 63 $ 2, 076. 00
F
9 Class II Aggregate Base 242 TON $ q9. 38 $ 20, 075. 00 10 Rubberized Surfacing System- Complele 3, 720 SF 26. 45 $ 98, 376. Q0 RemovetOf haul/ Dispose of Existing
Fibar
4, 695 SF $ 4. 38 $ 20, 584. 00
4 Remave/ Ofthaul/ Dispose of PCC
z
Ramps to 3. 5" Depth
2 5 SF $ t 9. 23 $ 4, 326. 00
F
13 3 Cless I1 A regate Base 255 TON $ 87, C9 $ 22, 36t. 00 w
14 E- Rubberized Surfacing System- Complete 4, 695 Sf 26. 51 $ E? 4,479. OQ TOTAL BID: $ 538, 543. 00
TOTAL BID IN WURDS: Five Hundred- Thirty Eight Thousand, Five Hundred- Porty Three Dollars and No Cents
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1tiSTALLATION OF RUBBERIZED 5URFAClNG BID PROPOSAL F'OR111S C[ P PK 22-+W
INFURMATION REOUIRED UF SIDDER
The Bidder( Contractar) sha11 furnish the fol}owing information. This information is cansidered essential in enabling the Project Manager to determine ifthe Bidder is experienced in similar types of work and if the Bid is based on a careful siudy of inethads applicable ta the work and full realizatian of the various factors which may affect the progress of the work. Failure to carnalv with this requirement mav render the Bid nan- resgonsive and maY cause its rejection Additional sheets shall be attached as required.
BIDDER' S INFORMATION
I) Bidder' s name and address:
G& G Builder, Inc.
4542 Contractors Place
Livermore, Ca 94550
2) Bidder' s telephone number: ( 925} $ 46- 9023
3) Bidder' s fax number: ( 9252 845- 9 52
4) Bidder' s Contractor' s License( Class): A& B
License No.: 750759
Expires: 6/ 3Q/ 24
5} Person who inspected site of propased work for Contractor' s firm:
Name: Tom Stavropoulos Date of Inspectian: 5 3 It22
5) List 3 projects af a nature similar to this project:
Project Contract Name, Address and
Price Tele hone Number of Owner
City of San Jase- San Jose, CA
La Calina Park 386, 710
Stacey Palomar/( 408) 535- 8409
City of Tracy- Tracy, CA
Huck& Sullivan Parks $ 370 gg
l eissen Mazan ios!( 209) 831- G4b7
SJUSD Playground
772 Sg SJUSD Various Sites- Sa Jose, CA
Modernizations
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1NSTALLATION OF RUBBEWZED SEJRFACING BIA PROPOSAI. FORMS CIA PK 22-d4
LIST F SUBCONTRACTORS:
The Bidder shall list below the name and business address ofeach subcantractor wha will perform wark under this Bid in excess of one- half of ane percent of the Contractor' s Total Bid Price, and shall also list the portion of the WORK which will be dane by such subcontractor, in accordance with SecEion 4I07 of the Public Coniract Code. After the opening af bids, no changes or substitutions will be allowed except as otherwise provided by law. The iisting of more than one subcontractor far each item of vork to be performed with the words" and/ or" will not be permitted.
Failure to comply with this requiremeni may render the Bid non- respansive and may cause its rejection. Shauld the Contractor provide a bid that does not require a subcontractor, the Contractor shall note that on this page by writing" Not Applicable" in the list below.
Subcontractor
License Perceat of
Work to be Performed N m er Total Contract Subcontractor' s Name& Address
1. Rubber Safety Surfacing 66726I 52% Robertsan Recreational Surfaces 2414 West l2th Street, Suite 5
Tempe, AZ 85281
2. 3.
4. 5.
6. Note: Attach additiona( sheets if required.
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INST 1LLAT10N OF RUBBEItI? D SURFAC[ NG BID AROPOSAL FORh4S CIP PK 22- 44
ADDENDA
Bidder certifies he reviewed ARC Stockton' s website for addenda within 48 hours of bid opening and acknawtedges receipt af the follawing addendum ( addenda):
None
Respectfully submitted,
6/ 2I22 G& G Builders, lnc.
Dated Legal Name of Firm
Signature of Au orize Repre tative
Seal)
If Bidder is a corporation, show State in which incorporated.} California
The full names and post office addresses of all persans and parties interested in the foregoing Bid as principals are as fo(laws:
NOTICE): Givs first and last names in full; in case oP corporation, give names of President, Secretary, Treasurer, and Manager, and in case of partnerships and joint ventures, give names and Post Of ice addresses of all the individual members.
Gerard Callahan- President! Manager
Lorraine Cailahan- Secretary/ Treasurer
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i o
SECTION 00300
N5TALLATION OF RI3BSERIZED SURFACING BCD PROFOSAL OEi1 iS CIP PK 22a4
BIDDER' S BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WE G& G Builders, Inc., a California Corporation
as PRINCIPAL, and The Ohio Casvalty Insurance Company
as SURETY are held; and fiRnly bond unto the City of Lathrop in the penal sum of TEN PERCENT { 10°fo} QF THE TOTAL AMOUNT OF THE BID of the Principal above named, submitted by the Principai to the City of Lathrop for the work described belaw, for the payment of which sum in lawful money of the United States, well and truly to be made to the City of Lathrop to which the bid was submitted, we bind ourselves, our heirs, executors, administrators and successors, jointly and severalty, firmly by those presents. In no case shall the liability of the surety hereunder exceed the sum af$ 10% of the TotaJ hid Amaunt
THE CONDITION OF THIS OBLIGATIUN IS SUCH,
THAT, WHEREAS, the Principa) has submitted the above mentioned bid to the City of Lathrop for certain construction specifically described as foUows, for which bids are to be opened at the City Hall, 390 Towne Centre Drive, Lathrop, A: INSTALLATION OF RUBBERIZED SURFACING, CIP PK 22- 44
NOW, THEREFORE, if the Principai is awarded the contract and within the time and manner required under the specifications, after the prescribed farms are presented to him for signature enters into a written contract in the grescribed form, in accordance with the bid, and files two bonds with the City, one to guarantee faithful performance, and the other to guarantee payment for[ abor and materials as required by law, then this obligation shall be null and void; otherwise, it shall be and remain in full force.
IN WITNESS WHEREUF, we have hereunto set our hands and seals on this 3 I st d y of lvta 20 Z?
L,-
i
crard Calla an, President
eal)
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G& G Builders Inc., Seal) The Ohio Casualty Insurance Co. Seal) Address: 4542 Contractors Place Address: 62 Maple Ave
L: vermare, CA 94551 Keene, NH 43431
NU' tF: Signatures ofthose executing for the surety must be praperty acknowledged. 0(}300
265
CALlFORNIA ALL- PURPCSE ACKNOWLEDGMENT CML CODE§ 1189
A no#ary public or ather Qfficer completing fhis cert9ficate verifies oniy the identity o€ the individua3 who signed the document to which this certifrcate is attached, and not the tnithfuiness, accuracy, or validity of tha#documaa State of Cafi-- /"
Coun f
f
On before me,
Date ere In N d fe of the Q er
personaily appeared
Name(s} of igner{s}
who proved to me on the basis of satisfactory evidence to be the person(s) whase name{s) is/are subscribed to the within instrumenf and acknowledgecf to me that helshe/ they executed the same in his/ her/ their author'szed capacity( ies), nd tha# by his/ lier/their signature( s) on the instrument the person{ s}, ar the entity uport behalf of which the person( s} acted, executecE the instrument.
I ce tify under PENALTY OF PERJURY under the Isws
of the State of California that the foregoing paragraph is true and correct.
i WITNESS my hand and offi ia! seal.
C.?. GRT GEN,
Natuy Publk• Gilfornia
c°" t" c" c°" ry Signature Com+Mfsion/ 23321I9 —
µy con, m, Expkes A Q 22, zoi4 nafure of N tary blic
Ptace Notary Sea! Above
OPT/ ONAL
Though this section is optional, complefing fhis information can deter alteraiion of the document or frauduleni reattachmen o,f hfs farm to an unlntended" cument.
Description of Attached Do t t l Y, S r''' P,-.
Title or Type of Docu ner:
v„ Document ate: Z yL
Number o# Pages: ca`' Signer(s) O#her Than Named Above: _ Capacity{ies} Ctai d ' e
Signer' s Name: Signer' s fVame:
Carpora# e Officer — Title(s): Q Corporate O cer — T Ee( sj:
O Partner — p Limited Generat Parkner — l,imite eneral
dividuat Attorney in Fact p Individual Attorney in Fact Trustee Guardian or Consenrator p Trustee Guardian or Consen+atar Other: Ot :
Signer Is Representing: Sig er Is Representing:
2014 National Notary Association• www. fVationalNotary. org• 1- 8fl0- US NOTAFiY( 1- 80d- 876- 682 Item# 5907 266
This Pawer of Attorney limits tha acis of lhose named herein, and they have ao authority fo bind ihe Company except in ths manner and to itie e ent herein stated.
U
L'sberty Mutual In,suranca Company
Mul.l.idi. The Ohio Casuaity lnsurance Company Certi6cateNo: 8206634-986932 West American Insurance Company
SURETY
PUWER G1F ATTORNEY
KNOWM ALL PERSONS BY THESE PRESENi5: Thffi The Ohio Casualry tnsurance Campany is a caparetion duly aganized under the laws of tha State of New Hampshire, tlsat liberty Mutuet Insurance Company is e caporalion duly aganized under the laws of the State o! AAassadwseUs, and West Ameriqn Insurance Campany is a corporalion duly organized under the laws nf the Stete af in ane( herein cotfedively called the` Companies' j, pursuant io end by auf aiiy herein set fatli, does hereby neme, constitute and appaint, Miche te Stanwood, Stcven Cuilaway. Thetesa R. Baner
a! I af tha dty of Picasant H il state of CA each i cfivir atly if thera be mora than one named, its true and fawful altomey- in•fac! to meke, execuie, seal, acknaNedge end deiiver, a and on its befialf as surely and its act and deed, any and a11 undertakings, twnds, recagn¢ ances and other surety obfgations, in{ wrsuance of Ihese presents and stia bs as binding upon Ihe Companies es if thsy have been duly signed by the p ddent end aBesled by iha secxetary of the Companies in their own proper persons.
IN WtTNESS WFiEREOF, khis Pawer of Attomey tras been subsaibed by an authaized officer ar offiaa o! the Canpanies and t e cixporate seais of the Companies hays been efbxed thereto tltis 2Bth day of Ocwber ? d2l .
Liberfy Mutuai Insurance Cumpany
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Uawd M. Garey, Assistant Setxetary c c`u State of PENNSYLYANW v Cc+unfy of MONTGOh 32Y E
On this 28th da ot pctotxr , 2023 befae me 0
y personatly appeared David M Garey, who adcnowledged himself to ba 1he Assistant Seaetary o{ Uberly Mutual InSur nce U ca Canpany, ihe io Casua pany, and West American Insurence Company, and that he, es such, beiag authaized so to do, execule the faegang instrument for the pwpos:_ tl erein cantained by signing un behaH oi the c rpaations by himseEt as a duty aulfi« ized officer.
IN WITNESS WHE tE6F, I have hereunt sn6saiDed my name and aifixed my notarial seal at IGng of Prussia, Pennsylva ia, on U e day and year first above wriqee.
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Thiy Power of Attaney is made and eu uted pursuant to and by euihonty at the fdlawing By- faws and Anthaizetions of ihe Ohio Casueky Insurance Canpany, Liberty Mutuai E•— lnsuranCe Compdny, and West Ameticdn insuranCe Company which tesdu6ons are nav in ful! farce and eifect reading as ioilaws:
a
ARTICLE IV— OFFICERS: Seciion 12. Power ot Aifnmey. g
Any oEficet or other atfidal of ihe Corpora6a autliocized for tfiat purpase in writing by he Chairmen a the president, aad subject to such limitation as the G airtnan a tha Q v Prestient may prssaibe, sha eppdnt wch attomeys- indad, as may be neces.tary to ect in behalE oi ths Corporatian to make, e eecuie, seal, acknowledge and deliver ae wrely any and all nndertakings, bonds, recogniz nces end otl r sursty obligations. Sucfi attomeys• in- 1ad, subjeC to the limitations set fath in their respectivs powets oi attomey, sltap o have fufl po ver to Qind the Capaatian by Iheir signature and execu6on oi any such iastruments and to attech ihereta the seai of Me Corporation. When so executed, such g a
Z instrume ts shan 6e as hinding as ii signed 6y tha President and attested io by C e Sefxetary. Any pow r or authaity granted to any representative a attomey imfact under the ` m provisiats of this Artide may be tevoked at any time by fhe Baard, the Chairman, the President ar by the officer or oificers granting such power or authority. 1 ARTICLE XIII— E cacutian ot Contracts: Section 5. Surety Bonds and Undertakings, Any otficer af the Canpany autho ized far khet purpase in wribng 6y the chairman or the president, a d subject to such limilatlan5 as Ihe Chaim an a tA8 president may prssaibe. shab appaint such aUomays- in• fact, as may 6a necessary to act in behalf oi tha Canpany to make, ecvte, seal, adenov iedge and deliver as sursty eny and all undertakings, bands, recogriizffnces and other surety ohligations. Such attomeys- in- iaci subjess: t to the I ita6ons set forth in their mspec5ve paxers of attomey, shall heve full power to bind ihe Company by fhe+r signah re and 9 eecu6an o£ any sucfi instruments and lo aHach thereto the seal oi the Canpaoy. When so e cewied such inshuments shap 6e as bindng as if signed 6y t e president and attested by the seaetary.
CerUficata ai Oeaignation— The Presidenf of tha Canpany, acting pursuant to the Bylaws of t e Canpany, autl+orizes David M. Carey, Ass slant Secretery to appoint such atlomeys- ntad as may 6e necessary to ad on behalf oI the Gampany to make, execute, seal, acknavledge and deliver as surety any and al1 uodartakings, bonds, recognizances and dher surety obligehOtls.
Aultiorization— 6y unanimous coosent ot the Car any s Board of Directas, the Canpany cansents that taesimde or mechanically reproCuced signalure oi aoy assistaat seaefery ot the Canpany, wherever appearing upon a certifisd mpy ot e y power of aitomey issued by the Company in cor nection with surety bonds, shall be vafid and bindiny upon the Company wilh the same face and eRed as though aaually aifrxed.
1; Renee C. Uewellyn, the undersgned, Assistant aerselary, The Ohio Casualty Insutance Company, Libe ty Mutual Insurance Ccmpany, and West lvnerican Inswance Ganpany do hereby certiry Ihat tho aiginal pw er ot ettomey of which the toregcing is a full, we d caiect tbpy of ihe Pwrer of Attomey executed by ssid Canpanfes, is in tull torce a d et ct end has not been re vksd.
iN TESTINiONY WHERE4F, 1 have hereunto set my hand and e( fixed tha seais of said Companies this 3 tst day af tvlay 2422 .
Hsu, zY ihs NSU
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Renee C. Uewellym, Assistsnt etary
LMS• 52973 tMIC 4KtC WAtC Mutti Co 02f17
267
1 .. s
SECTIOiY 003U0
INSTALLATION OF RUBBE[tIZED SttRFAC1NG BID PROPOSAL FOItMS CIP PK 22- 44
NONCOLLUSIUN AFFIDAVIT
STATE 4F
ss.
COUNTY OF
Gerard Callahan , being first duly sworn, deposes and says that he or is President Qf G& G Builders, Inc. the party making the foregoing bid that the bid is not made in the interest of, or on behalF of, any undisctosed person, partnership, company, associatian, organization, or corparation; that the bid is genuine and not collusive or sham; that the bidder has not direct( y or indirectly induccd or soticited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain fram bidding; that the bidder has not in any manner, directly or indirectly, sou ht by agreement, communication, or confe ence with anyone to fix the bid price of the bidder or any other bidder, or of that of any other bidder, or to secure any advantage against the public body awarding the contract af anyone interested in the prapased contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his ar her bid price or any breakdown thereof, or the cantents thereof, or divulged information ar data relative thereto, or paid, and will not pay, any fee to any corporatian, partnership, company associated, or anization, bid depasitary, ar to any member or agent thereof to effectuate a collusive or sh ignature of: res en Secretary,
Manager, Project Manager or Representative
The County of Alameda
State of Cafifornia
Subscribed and sworn to{ or affirmed} before me
an this day of 20 , by
proved to
me on the basis of satisfactory evidence to be the
person( s) who appeared before me, See Attached
Seat
Signatare
00300- 7
268
CALl ORNIA CERTIFICATE F ACKNOWLEDGMENT
a.,
w....
A notary pubiic or other officer completing this certificate verifies only the Identity of the ind(vldual who slgned the document to whlch this certificate is attathed, and not the truthfulness, aaura , or validi of that document
State of California
County of . Alameda
n
6 i122
before me, _ Robert Dale Hoff, Notary Pub[ ic
here tnsert name and tkte of the afficer}
personally appea ed Gerard Callahan
C ai
i
7 who proved to me on the basis of satisfactory evidence to be the person{ s; whose name( is/ afe subscribed to the within instrume t and acknowledged to me that hekqe, f e executeci the same in hisf#eFk#e authorized capacity{ies}, and that by his, ef signature(fj on the instrument the perso{?, ar the entity upon beha( fof which the persort acted, executed the Instrument. i aan t ,
Q '•.
cenify under PENALTY OF PERJURY under the laws af the p0 yp"% ' State of Cafifomia that the foregoing paragraph is true and carrect. p, WITNESS my hand and official seal.
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Signature
li,", ij F* j; i„',;
2d}
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s
ptionai Infarmatian
Aithough the tnformation in khEs section s nat reqt red by aw, it cautd prevent fraudulent remova! and reattachment of thi5 acknowledgment to an una thorized document and may prove sefu! to persans relying on the attached document.
Description of Attached pocument
The preteding Certificate of Acknow` sedgment is attached to a document Method of Signer ldentfficatlon titl2d/ f0 ih2 pU pbS2 Of Proved to me on the basis of satisfactory eviderue; Q fwm{ s) o/ identiftcai{ on Q credible wl; ness( es)
Notarka event is detai( ed tn notary Journa! on:
containing
u, .. m Pages, and dated Pa9e If Entry N
The signer( s} city or autharity is/ are as: Notarycontaa:
lndividual{ s)
Other
Attomey- in- Facc
Corpotate(? ffiter{s)
Additlonat5tgner( s} (] 5igner( s) Thumbprintts)
Ttlrts)
GuardiaNConservator
Q Pattner- Umited/ Generai
Trustee{ s1
Other.
represeniing:
Namc; s3 of Aetson{ s} o pnilry( les} Sfgner I Heprcsenting o upyi^ghe W 20te Noury Rosary, P4 0ar 4} 4pp, pes Motne, U i031- 0547 aii Aig u Ae rsysd hsm Humher t0i772. piuse conss< t your Autho zed Reselser[ o purchase ceRies of this fpm+ 269
SECTI( 1N 043U0
ItiSTALLAT[ nN UF RUBBERIZEO SUREACING BId PROPOSAL ORh15 CiP FK 2Z- 44
PUBLIC C4NTRACT CODE SECTION 10162 QUESTI4NNAIRE
n accordance with Pubiic Contract Code Section 10162, the Bidder s all complete, under penalty of perjury, the following questionnaire:
Has the Bidder, any afficer of the Bidder, or any employce of the Bidder, who has a proprietary interest in the Bidder, ever been disqualifted, remaved, or otherwise prevented frarn bidding on, or completing a federal, state, or lacal gavernment project because af a violation of law or a safety regu) atiun? Yes, No
1 f the answer is yes, explain the circumsEances in the foi(owing space.
PUBLIC CONTRACT SECTIUN 10232 STATEMENT
n accordance with Public Cantract Code Section 10232, the Contractor hereby states under penalty of perjury, that no more than one Fnal unappealable finding of contempt of court by a federal caurt has been issued against the Contractor within the irnmediately preceding two year period because of the Contractor' s failure to comply with an order of a federa! court which orders the Contractor to camp(y with an order of the Natianal Labor Relations Board.
N4TE: The above Staternent and Questionnaire are part of the Proposal. Signing this proposai on the signature portion thereof shall also constitute signature of this Statement and Questionnaire.
Bidders are cautioned that making a false certificacion may subject the certifier to criminal prosecution.
END OF SECTI4N)
oo3aa- a
270
ITEM 4. 20
CITY MANAGER' S REPORT
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE LARGE LOT FINAL MAP AND SUBDIVISION
IMPROVEMENT AGREEMENT FOR 34
UNDEVELOPABLE PARCELS ( TRACT 4149) WITHIN
WEST VILLAGE DISTRICT OF RIVER ISLANDS
RECOMMENDATION: Adopt Resolution Approving a Large Lot Final Map for Tract 4149 within West Village District, Totaling
34 Undevelopable Parcels, and Subdivision
Improvement Agreement with River Islands
SUMMARY:
The developer, River Islands Stage 26, LLC, Califia, LLC, and River Islands Development Area 1 LLC, ( hereinafter collectively referred to as " River Islands"), proposes approval of the Large Lot Final Map ( LLFM) Tract 4149 ( Attachment " B").
The LLFM Tract 4149 will create large blocks" of land consistent with future proposed small lot final maps within the West Village District. The approval of LLFM Tract 4149 provides the ability to process small lot final maps in an orderly fashion where one small map does not depend on another, providing River Islands with greater flexibility in the order in which they sell neighborhoods within West Village District. The City Council approved LLFM Tract 3876, within the East Village District, and LLFM Tract 3908 within Lakeside East District ( Stage 2A) for the same purpose.
StafF request that the City Council approve the proposed LLFM and Subdivision Improvement Agreement ( SIA) for Tract 4149.
BACKGROUND:
On June 14, 2021, the City Council adopted resolutions and ordinances approving the River Islands modified Phase 2 Project. The Project included certification of a subsequent environmental impact report, general plan amendment to the land use map, and text revisions to the land use element and circulation element.
Amendments to the West Lathrop Specific Plan and Urban Design concept, zoning map and zoning text amendments, a Preliminary Development Plan and Vesting Tentative Subdivision Map, sixth amendment to the 2003 Development Agreement, and the Phase 2 Parks and Open Space Master Plan were also approved.
On October 19, 2022, Planning Commission approved the West Village Neighborhood Design Plan ( NDP) and Architectural Design Guidelines and Development Standards DG/ DS) for Active Adult Neighborhoods ( NDP- 22- 136). Tract 4149, the proposed subdivision would create 34 undevelopable parcels lots within the West Village District of River Islands, located on the west side of the San Joaquin River, north of Union Pacific Railroad.
271
CITY MANAGER' S REPORT PAGE 2
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING
APPROVE LLFM AND SIA FOR 34 UNDEVELOPABLE PARCELS ( TRACT 4149)
WITHIN WEST VILLAGE DISTRICT OF RIVER ISLANDS
All subdivision maps are required by the City' s subdivision ordinance to include a Subdivision Improvements Agreement ( SIA) to guarantee certain off-site and on- site improvements. The approval of Tract 4149 includes an SIA for the guarantee of the unfinished portions of Addison Avenue, Bradburry Avenue, Briarstone Lane, Callerton Avenue, Haverhill Lane, Harbor View Avenue, Roll Tide Way, and Winton Avenue, as detailed in Table 1 below. The SIA, included as Attachment " D", associated with Tract 4149 is focused on the guarantee of this portion of the collector and arterial roads.
Prior to the recordation of the Tract 4149 Final Map, River Islands must also satisfy the Escrow Instructions, included as Attachment " E", that guarantee all required fees are paid prior to closing.
Table 1 - Bond Details
Unfinished Im rovement Total: 15, 130, 400
Performance Bond 110% of Unfinished Im rovements : $ 16, 643, 440 Labor & Materials Bond 50% of Performance Bond 8, 321, 720 REASON FOR RECOMMENDATION:
River Islands and the City mutually agree that a large lot subdivision map for each new district within the River Islands project is beneficial, since it allows for the orderly recordation of small lot final maps that create buildable lots in the future. Since River Islands does not know which tracts ( villages) within the West Village District will record first, the large lot map allows for a small lot final map to be recorded in any order, with proper performance guarantees and security and any easements necessary for access. As stated, all final maps that create buildable lots will require an SIA and will require security for unfinished and/ or deferred improvements associated with each tract/ village. River Islands has also completed the following required items necessary for approval:
Documents Status
1. Large Lot Map ready for signature Completed
2. Subdivision Improvement Agreement Completed
3. Performance Security - Uncompleted Collector and
Received
Arterial Road Im rovements 0799678
4. Labor and Materials Security - Uncompleted Collector Received
and Arterial Road Im rovements 0799678
5. Street Improvement Plans Completed
6. Geotechnical Report Completed
7. Submitted Certificate of Insurance Completed
272
CITY MANAGER' S REPORT PAGE 3
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING
APPROVE LLFM AND SIA FOR 34 UNDEVELOPABLE PARCELS ( TRACT 4149)
WITHIN WEST VILLAGE DISTRICT OF RIVER ISLANDS
8. Submitted Preliminary Guarantee of Title Completed
9. Escrow Instructions Completed
Fees Status
1. Final Map plan check fee Paid
2. Improvement Plans - Plan check and inspection fees Paid
3. Sierra Club Settlement fee N/ A
The above- noted documents and fees are required by the VTM 6716 conditions of approval prior to approval of the Large Lot Final Map by City Council. The guarantee is in the form of the Subdivision Improvement Agreement with security and improvement plans.
Extensive off-site improvements to serve West Village District have already been completed; including construction of levees, participation in construction of a Wastewater Treatment Plant Expansion ( Consolidated Treatment Facility and River Outfall Structure), the purchase of SSJID surface water and construction of utility and roadway infrastructure to serve the proposed development area.
Upon acceptance of all improvements as complete, a one- year warranty and repair bond will be required to secure the River Islands obligation to maintain all improvements and repair or correct any defective work
FISCAL IMPACT:
There is no budget impact to the City as all City costs are covered by development fees. River Islands is also providing funds necessary to defray any staff time required to process their request.
ATTACH M E NTS:
A. Resolution Approving a Large Lot Final Map for Tract 4149 within West Village District, Totaling 34 Undevelopable Parcels, a Subdivision Improvement Agreement with River Islands
B. Large Lot Final Map for Tract 4149
C. Tract 4149 Area Map
D. Subdivision Improvement Agreement for Tract 4149
E. Escrow Instructions for Final Map Tract 4149
273
CITY MANAGER' S REPORT PAGE 4
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING
APPROVE LLFM AND SIA FOR 34 UNDEVELOPABLE PARCELS ( TRACT 4149)
WITHIN WEST VILLAGE DISTRICT OF RIVER ISLANDS
APPROVALS:
I i/ I / 2 2
Bellal Nabizadah Date
Assistant Engineer
II 2 Za2Z
Bra aylor Date
City Engineer
wt c I 1 Z Z ZZ
Cari James Date
Finance Director
G--
T
il - Z- 2oZZ
Michael King Date
Assistant City Manager
j/- --zo Z Z
Salvador Navarrete Date
City Attorney
2Z
Ste en J. Salvatore Date
City Manager
274
RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING A LARGE LOT FINAL MAP FOR TRACT 4149 WITHIN WEST VILLAGE DISTRICT, TOTALING 34 UNDEVELOPABLE PARCELS, AND A
SUBDIVISION IMPROVEMENT AGREEMENT WITH RIVER ISLANDS
WHEREAS, on June 14, 2021, the City Council adopted resolutions and ordinances approving the River Islands modified Phase 2 Project. The project included certification of a subsequent environmental impact report, general plan amendment to the land use map, and text revisions to the land use element and circulation element; and
WHEREAS, amendments to the West Lathrop Specific Plan and Urban Design concept, zoning map and zoning text amendments, a Preliminary Development Plan and Vesting Tentative Subdivision Map, sixth amendment to the 2003 Development Agreement, and the Phase 2 Parks and Open Space Master Plan were also approved; and
WHEREAS, on October 19, 2022, Planning Commission approved the West Village Neighborhood Design Plan ( NDP) and Architectural Design Guidelines and Development Standards ( DG/ DS) for Active Adult Neighborhoods ( NDP- 22- 136); and WHEREAS, Tract 4149, the proposed subdivision would create 34 nonbuildable lots within the West Village District of River Islands, located on the west side of the San Joaquin River, north of Union Pacific Railroad; and WHEREAS, a Subdivision Improvement Agreement ( SIA) between the City River Islands Stage 2B, LLC, Califia, LLC, and River Islands Development Area 1, LLC, hereinafter collectively referred to as " River Islands") and provision of security by River Islands for unfinished and deferred improvements for portions of Addison Avenue, Bradburry Avenue, Briarstone Lane, Callerton Avenue, Haverhill Lane, Harbor View Avenue, Roll Tide Way, and Winton Avenue are required prior to final map approval per the Lathrop Municipal Code Section 16. 16. 190; and WHEREAS, a SIA has been signed by River Islands, and presented to the City for approval and signature; and
WHEREAS, River Islands has provided security in the form of performance and labor and materials bonds for the collector and arterial roads; and WHEREAS, upon acceptance of all improvements, a one- year warranty bond will be required to secure the River Islands obligation to maintain all improvements and repair or correct any defective work; and
WHEREAS, large lot final map 4149 does not create buildable lots; it only configures them for future subdivisions and creates the backbone circulation elements ( streets) for the planning area; and
275
WHEREAS, City staff has confirmed that all Conditions of Approval of VTM 6716 required for approval of Final Map 4149 have been met, including those Conditions of Approval satisfied under the Subdivision Improvement Agreement; and WHEREAS, the City Engineer has confirmed that the Final Map for Tract 4149 is in conformance with VTM 6716, is technically correct and complies with the requirements of the Subdivision Map Act and Lathrop Municipal Code, Chapter 16. 16; and
WHEREAS, staff has determined that the division and development of the property as set forth on the map will not interfere with the free and complete exercise of the Lease for Sprayfield with Option to Purchase and therefore the City' s signature can be omitted from the Final Map pursuant to Section 66436 ( a)( 3)( A)( i) of the Subdivision Map Act; and
WHEREAS, River Islands Development Area 1, LLC, will satisfy the escrow requirements prior to recordation of the Final Map for Tract 4149; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lathrop approves the following actions:
1. The City Clerk is authorized to execute Large Lot Final Map for Tract 4149 and is hereby approved as submitted as part of the public record with the San Joaquin County Assessor/ Recorder/ County Clerk Office. The recorded executed copy will be filed with the City Clerk.
2. That the City Manager, or their designee, is authorized to execute a Subdivision Improvement Agreement with River Islands in substantially the form as attached to the November 14, 2022 staff report.
3. The division and development of the property as set forth on the map will not interfere with the free and complete exercise of the Lease for Sprayfield with Option to Purchase and therefore the City' s signature can be omitted from the Final Map pursuant to Section 66436 ( a)( 3)( A)( i) of the Subdivision Map Act. 276
PASSED AND ADOPTED by the City Council of the City of Lathrop this 14th day of November 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Sa a or Navarrete, City Attorney 277
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ATTACHMENT
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SUBDIVISION IMPROVEMENT AGREEMENT
BETWEEN THE CITY OF LATHROP AND
RIVER ISLANDS STAGE 2B, LLC, CALIFIA, LLC,
AND RIVER ISLANDS DEVELOPMENT AREA 1, LLC,
FOR 34 LARGE LOTS IN TRACT 4149
WEST VILLAGE DISTRICT)
RECITALS
A. This Agreement is made and entered into this 14th day of November, 2022, by and between the CTTY OF LATHROP, a municipal corporation of the State of California (" CITY"), and River Islands Stage 2B, LLC, a Delaware Limited Liability Company, Califia, LLC, a California Limited Liability Company, and River Islands Development Area 1, LLC, a Delaware Limited Liability Company (hereinafter collectively referred to as " SUBDIVIDER").
B. Pursuant to Division 2 of Title 7 of the Government Code of the State of California and CTTY' s Subdivision Regulations ( City of Lathrop, Code of Ordinances, Chapter 16), SUBDIVIDER is required to make dedications and improve Tract 4149. However, SUBDIVIDER has completed a portion of public infrastructure improvements associated with Tract 4149 for the collector and arterial streets within the Phase 2 development area. The unfinished portion of improvements total $ 15, 130, 400 and security in the form of performance bonds have been provided to the City and will be required to be held by CITY as outlined in this Tract 4149 Subdivision Improvement Agreement unless otherwise substituted with other security as outlined in this Agreement.
C. The backbone collector and arterial streets ( Addison Avenue, Bradburry Avenue, Briarstone Lane, Callerton Avenue, Haverhill Lane, Harbor View Avenue, Roll Tide Way, and Winton Avenue) improvements in total, include street, sidewalk, underground utility, storm drainage, streetlight, and joint trench improvements ( hereinafter " Improvements") are required to be constructed as part of the required infrastructure to ensure access to each parcel created with Tract 4149. Since not all of the Improvements are completed, security in the form of performance and labor and materials bonds shall be required for Tract 4149. The performance bonds shall equal 110% of the amount of the unfinished improvements as shown in Exhibit C ($ 15, 130, 400 X 110% 16, 643, 440 and the labor and materials bond shall equal 50°Io of the performance bond amount 16, 643, 440 X 50°Io = $ 8, 321, 720).
D. The term " Improvements" as used in this Agreement means all improvements necessary for collector and arterial roads associated with Tract 4149. As a result, the total value of public improvements for Tract 4149, as collector and arterial roads, is $ 23, 245, 680 as shown in Exhibit D to this Agreement. The required Warranty Bond for Tract 4149 shall be equal to 10% of the cost of Improvements as shown in Exhibit D; $ 23, 245, 680 x 10% _ $ 2, 324, 568 — warranty bond amount). The warranty bond shall be posted to guarantee the materials and workmanship of all 313
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