Agenda packet — Lathrop City Council, February 13, 2023 (part 3 of 3)

356
DocuSign Envelope ID: 829D7011- D3F0-42D& 87F3-237120827FFA Purchase Order
940 River Islands Pkwy
No. 2023- 00000356 Lathrop, CA 95330
o Date 1/ 31/ 2023
Resolution

PURCHASE ORDER NUMBER MUST
The parties to this agreement APPEAR ON ALL INVOICES, SHIPPERS, BILL are:

OF LADING AND CORRESPONDENCE
Vendor No. 466

DELIVER BY
Downtown Ford Sales V 940 River Islands Pkwy

SHIP VIA
525 N 16th Street Lathrop, CA 95330 FREIGHT TERMS
SACRAMENTO, CA 95814 PAGE 1 of 3
o ORIGINATOR Cristina Caguiat

3. 00 EACH 2O22 Ford PIU 45, 441. 0000 $ 136, 323. 00

1. 00 EACH Delivery 900. 0000 900. 00

1. 00 EACH Sales Tax 11, 928. 2600 $ 11, 928. 26

1. 00 EACH CA Tire Tax 26. 2500 26. 25
The contractor agrees to fumish all labor, equipment and materials necessary to perform the services 149, 177. 51 describe herein and agre e terms and conditions identified below which are made a part hereof by this refer e( Outline exact detai what is to be done, where is to be done and include woiic speci ' s, i
DocuSlyned by:

L 2 Sq,,, y a, 1/ 31/ 2023
7 TY OF LATHROP VENDOR ( Signature)

RECOMMENDED FOR APPROVAL DATE APPROVED BY DATE
Sandra 5cott Fleet Mgr 1/ 31/ 2023
CITY OF LATHROP VENDOR ( Print Name)

APPROVED BY DATE APPROVED BY DATE
Special Instructions
Three 2022 Ford Police InterceptorsRESO 22- 5207- Approved by City Council 1/ 9/ 23 for 3 additional Patrol Vehicles

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Pagc 2 of 3

STANDARD PURCHASE ORDER
TERMS AND CONDTfIONS

1. ACCEPTANCE. Aocepta e of ihis P cha9e Ordet, ahether by written acknowledgemmt or by perfomuace by Sellez, shall be upa tlu tmas md caoditims Leeo no othQ t s or ca ditioas shell be bindiug on Buyc unless tivtitta approcal thaeof specifuall} refemng to such ofhc tcros md conditions shdt have btm givm to 5dler.

2. LWOICES. Sepaak invoice shall be supplied Sor each Purchase Order shipmmt. Each incoice shaU be itemi ed and sLaU show C tract Namha, rims, discamts, date of shipment or sat ce daks, and Pta cLase Order Numba. Fuhae to show said it s ma} rcsult in dday of papmm2 arith all ri ts nseived, inchiding casL discamts. The Vendar name on this Purchase Order nsutted om a quotation si ped in tLe sae name_Payment will aot be mede to a firm name other tLaa that shown on the fsce Lereof without zittm assignment3. PAYME[' T TERMS. Shcer shaR rsceitro paymeat eitLa by One- Time paymmt ( Lump Snm), 11a thly or Quarterly ITEMIZED NVOICE. All paya eats ue m amais.

4. ORDER CHAN( 3ES. T7u Buya shall 6ave th e right fr time to mne by wntten aoticec to mdce chwges in qumtities md/or deliver. dates of my attiek, mataial, or savices cot-aed by this PiacLase Orda pcia to the time the item a items sre acwally placed iato 6nal productian bq the Selkr. If aueh cLanges ur made afler tht aztick, matrrial, a services aze placed into fmal producdon by the 5eller amd cL chan rs cause a substantial incnease o decrease ia S ller' s pafoimsaa will be made aod this order will be modi5ed in writing xcm u; iy. provided that y claim for adjustmmt must be asserted by t Seller within a nasonable ame( in no case to exceed hveaty da} s) aRer tLe chaoae is o: dezed

5. SHiPPIIdG. Shcer will indicate plainly tLe PmeLase Ord N ber ou all bills of Izding, aU goods shipped puixuant to said orda, and oa a! l inva ces, fteght bu11s, and packages. Each paclage must coutain a memonndum showing 5eller' s nawe. coateats of package. and Pachase O der N ber.

S}opme Cs of oods specified am this Aaehase Order m mber shuuld nsult in bwest possibk& right rate imkss otlrnrise spccified by Baya. Pmzlries ar iocieased cLuges e to faihue to obsa e t6is ptovisim will be charged m Se1( er.

Shipp g
costs for gaods back o[ der shatt be patd ouly at the nte which wouid hsve bern applicable had the compku orda been shipped at ane time. All eacess costs shall be bo ne by Sella. Patti l ship eots musi be idmtified as such w s1uPP 8 memoranda and mti.

R'hm shippmg, Sd1ez w U male no decluahon of ylue to carried. eacept when sLipmeat is subject to released atue ratings.

Any mateials aipplied to Cits a icD ue covesed by the OSHA Ii nrd Communication 5tandazd must be accampanied by the applicabk Materiai SaSety Dm Sheet( M5D5) at the time of ddivay.

6. DEI14' ERY. Unh ss otLaveise eapmslY proc ded, Seilei slull deliver all uticks to Buyer' s premises. fm of aR& eigh4 handliag. hmspo[ tahoa, d[a}age, bosing and sim L r chuges. All times in this conhact ur of fhe essmce.

1. TERML TATION. Baya may teffimate all or put of this cam act, wiW or without cause_ If buy er taminates without cause, fhm Buyer s6A11 pay a11 rasooab3e tem ination chazges i ured by Sell r. 8_ DECLLVE 1N PRICES. Buyrr shall be proercted in the event of decliaing psices on the imdelivezed portion of dtis Auchese Order. If prioes decli 8ot i ems ocdered. Seller msy elect m mcrt priced ieductions or otMi vmdors, or is ov v loaa prices W otLer pttreLasecs, 6ut ifSefia shauid refnse to do so. Suy shall LatK the right to cancd any or all of the balance due on this Punhase Order anthout cost to Ba rcs.

9. FORCE. dA] E[ JRE. VatLer Selkz aor Buy er shdl be liabk for aooperformance due ro caiues besrond reaw ab6e eontrol. Where only a part a Sd1v' s apaciry to pafoznn s eacnsed tmda dua Puagt Ph. Sd1a must allocat,ed pm ction aad ddi eries among tbe eanous cvstamns Wm imda caarttact for sirailar goods d umg tl e paiod. ' Ihe ltaatton must be made m a fa r nd a uitabk manuer. Whrre a her 5ella cr Buyer claims m eacuse far ao aQance wda thia paza aph, it mnst give notice in Miwig to he other party. Seller sLaII mt be abligated to sell. na Huyer obligated to p uch se. at a later date, that pa tion of the goods that SeAer is unabk to deliaa or BntYr is mabk to recen e or use due to my eacused cause. No goods ue to bc tmd end by Sella aRer tht eapiratimt of dx teims specified in dus Purchase Order with out ca aent of Bu}tr.

10. R*ARRr11{ TY. SeIIa vaawts that alt atticles ad savices eovered by this Piu rLase Orda vitl confoim to dn vings. specificaRons. or s pks and vrill be machaatabk and of good mataial. derign and wo.- manship, flee& om all defects, md suitable for tAe use intended.

Ul r1es vrill be subject ta Buy a' s inspection and njectiam at the piace of delica}. Defective azticles may be rehuned to tLe Seller for fuq ciedit or replacem rnt at the Shcu' s nsk and eapmse. mcluding trmsportation charges both wa}s. but no defective articla shaU be rcplaced witLout famoal replacement ade si ed by the Buyer. 11_ ASSIGIv' iE1VT. : lrithQ party shall assign or transfer th s P h se Order w thout the wnttm consent of the other.

12. Lr'DE Ih'ITl. SELLER Z: RR. 1tVTS TH. T GOODS FU& YISHED C TDER THIS PURCH. ISE ORDER DO rOT IIvFRIhGE 1, ii P TENT, TR. IDErL iRb, OR ? RPiDE T t iE, OR COP1'RIGSI +l.'TD AGREES TO IIVDEaIl' ffl :111'D SA' E H. RD ILESS BtII'ER OR 1TS' EICDEES FR011i: 11 tI' 3.YD LL CL.1Il1tS, S[ TIfS, LLiBII.ITIES, D.1JL GES. LOSSES, OR E.lTF1 SES UCURRED BI BLTl'ER OR iTS' E. IDEES BI RE 50N OF?.' I I.LEGED L'v'FRL' GE. T OF. T SUCH RIGHTS.
358
PAGE 3 OF 3
SELLER SH. LS. IA'DE1IL TIF1 : 1I TD HOLD H.1RaII..ESS BLTI' ER ? iD R5 GEI TS : 1Ir'D ED IPI. OTEES FROAI : 1ti G.1L'iST LL CL IS, D.' L4GES, LOSSES: 1NID E.Q'E 1SES, II CLUDL* IG: TTORI' EI' S FEES,: 1RISIIIG OLrT OF OR RESULTL IG FROI[ THE PERFORAi. i iCE OF TBE t'ORI C LTSED BI: 1N1 A'EGLIGENT : 1CT OR 011IISSI01 OF SELLER,?! NI SLBCO2v' 7R CTOR, OR 1rTI OA'E FOR n'HOSE? ICTS. 1N1 OF T'HE i L1I BE LL IBLE. L'' C:+ISE OF COrCL?RRII iG F LTI. T, E CH P. RTI SA. 1I.L BE. 1R I?S 58 1RE OF 7HE LOSS.

13. BIJYFR' S PROPF1t7Y. A propaty of Buy er in Se[ kr' s uti e a conshuctn, e possession or custody t e mder rovill be at Seller' s riak. and Shca agrees to ramburse Buyer far a loss or dama@e to such propaty hawrva caused. 14_ COD4P' LIANCE[ VII'FI APPI. ICr1BIE LAWS AND REGUTATIONS. By aceepta e herto SeUa Wutants:
a) tLat all goo ds.• tv, a:•_ and mataials deliveird and ucvie« rmdercd ha md will have been produced and prorided in comptimoe with all iequitrmmts of dx Fair Labos Standacds Act of 1938. u amaded, and N) that Soods, autesiels, e equipmeat deli eied henmdet shall comply arith the applicabk fedaal standards presaibed by the Occupatiwial 5a5ety and Fieahh Act of 1970, or as omeaded. c} that SeOez aill eaavply eith all applicabk loa s, tules nd cegulatiams of fedaal. statc and local goverameats a agencies, thaeof. mclading b ot lmuted to Etecutive Ordas 11246, 117U1, and section 503 of Public Iaw 93. 112. The Rehabilihhon Act of 1973, t6e povigiom of The Ammcaa4 d Disabilities Act, Traffiimt Employer Lw ( 285. 230 R S. Mo. et seq_) and Euesuve U:nemployment Isw( Section 290.550 N seq RS. Mo_)which ue heseby mcmpanted by refrrmce, imless this Purchase Orda is eaempt piusuaot to sud F oecvtive Ordns, or Acts a thr negulations iss etl t eundrr.

15. a`ORKER' S COMPENSATION, F1' IAYER' S LiASII1TY, A. iD GENERAL LIABILITY. When work is perfoimed on Buyer` s piemises, Selkr ap ees to c ay at Sdkr' s owa eapmse.
a) R°a cer' s Ca pmsation amd Employer' s Lia6ility Iosuiance. b) Gmer t liabitit}' C B Contiaetual liabilih• a Products I. abilitylCompleted Openflous) Insurance aud Auro liebility inseQance ach in amonmts no kss dim SI, 000.000 per occuirmce. lnsunnce cati5cates of such coveaage ahall be submitted to City Utilities' Rist MaoaB mt upon request ofBupv.

16. INSOLVEPIICY. ffSdta shall become insolvmt, 5k a petieon in bankmptcy, or shall malce an assi meat for the benefit of creditors, or if a rece ec ar u ee shalt be appoinbed of or for any of Seller' s property a business, the Purchase Orda may be cancelled at Buya' s option vithart liability.

17. 7A S. Se3la agcees to cooperate aith Buyec in opposmg the itnposibaa of y tax aa ury article co ed b} this Purchase Ocda, the
kgabty af wLich is questiaaed by Buyer, and in secutiug wy abaEament or auy relUad thereof soupbt by Bu} es.
18_ FOREIGN S S. Fmrign ship mts m t be preccded b} ezccution of foiaaal Consnlu Incoice. At hme of ahipmmt Oceau Bilk of Lading, Caaw1ir In roice, aud Ca meicial incaces, in triplicate, shall be fo:waTded recUy to tbe Auchaaing Agmt issuing this PivcLase Ordrr.

19. VEAiG'E. l s Pucchaae Orda shall be govrtned by the law of tLr State of C f. 20_ BRAIV Il TC3. SeDer xanants that all materials covrred by dus PvrcLase Orda ue no ake ed or misbranded within tLe mewittg of the Fedesal Food, D ng amd Cosmdic Act; not m utick with may t, a provisions of Section 404 ar 505 of said act, be introdueed into mtastm commecee. aad not a ttaated or misbnnded witLm the mmniug of f2 e par food a diu6lavrs or the ordinaeces of any ctate or aty which ue applicabk to such shipment or delivety, and Seller h reby agre s to iademnify and ca e the Buyet hatmksa Som and against atl clarms, charges, action and proccedings bmu t agaiost Biryrr by a• lawTul govanment aWhority or by azry persoa oa ucount of any alieged addtaati az mis xanding by Shcer of a wch mateoal refe red to abeve. Sella does guaranta aga nst any such mataial bttommg adniterated a misbr+nded aRQ ddi y to Buyrr by reason of causes beyamd Sel er' s control. 21_ CO1SFlICTIlVG TER iS. Ia cue of a cm8ict befaee n these tecros and conditions and those of a separate writtm con act signed by both Buyer md Se11a, the a•rittm comnct sLaII prevail

22. REVIEW OF RECORDS. D amg the tam of the punhase ada/ageemmt and So three years thereaRer, Ciry of Lath np( City) shall ha Y tLe n to ew SeRrr' s ttcords, only for thc p upoaa of enfying claims fat paymmt and compliaace with the teims and canditi s of the piu+chase ordala Sor at kest diree yeus aRa final ps}' ment.

23. OFfSETTlNG BIII.S. CYty ies nYs the nght to apply affsettmg payments far goods mdlor sen ca that a e ue against delu quent atiliry bills w ich an due Cityd. NQN- FXCLU51@E AGREEI NT. Ihe puichase orda is a aon- a cbusi re caaitact and City esen es the right ro purchase same or lil:e matenals and+or s, ices from otha sauces as City dcems necessazy md appropriah. 359
r
QOWNTU VIlN k R MEN'Ti0
S0126231117
525 N16TH STREET, SACRAMENTO, CA 95811
PHONE: 916- 299- 3529

QUOTE -
Customer
Name CHRIS HILL ATE 1/ 26/ 2023
Address CITY OF LATHROP SALES REP SANDRA
City State Zip PHONE 9162526260
Phone FOB SACRAMENTO
1ty Description Unit Price TOTAL
3 2022 FORD POLICE INTERCEPTOR UTILITY 40, 588.00 $ 121, 764. 00 CITY CONTRACT 2019- 0507
STOCK# S FC23305/ FC23445/ FC23475
EXTERIOR COLOR: BLACK
3 3. 3L GAS ENGINE/ 10- SPEED TRANSMISSION 0. 00 0.00
3 AUXILIARY CLIMATE CONTROL 640. 00 1, 920. 00
3 CARGO DOME LAMP REDNVHITE 52. 00 156. 00
3 100 WATT WIREN! SPEAKER 332. 00 996. 00
3 REAR CAMERA ON DEMAND 243. 00 729. 00
3 COURTESY LAMP DISABLE 30. 00 90. 00
3 POLICE ENGINE IDLE FEATURE 273. 00 819. 00
3 DUAL SPOT LAMPS, WHELEN 700. 00 2, 100. 00
3 OBDII SPLIT CONNECTOR 58. 00 174.00
3 REAR QUARTER SIDE MARKER LIGHTS 605. 00 1, 815. 00
3 FRONT HEADLAMP LIGHTING SOLUTION 942. 00 2, 826. 00
3 WIRING FOR GRILULAMP/ SIRENlSPEAKERS INCLUDED 0. 00 0. 00 3 REAR LIGHTING SOLUTION 479. 00 1, 437. 00
3 REAR DOOR HANDLES/ LOCKS INOPERABLE 79. 00 237. 00
3 REVERSE SENSING SYSTEM 290. 00 870. 00
3 REAR CONSOLE MOUNTING PLATE 45. 00 135. 00
3 FLEX FUEL CAPABILITY 0. 00 0. 00
3 DOC FEE 85. 00 255. 00
SALES TAX CALCULATED AT 8. 75%

BASED ON REGISTRATION ADDRESS
SubTotal 136, 323. 00
Pavment Details DELIVERY 900. 00
Q Cash SALES TAX 1, 928. 26
OO Check CA Tire Tax 26. 25
Credit Card TOTAL 149, 177. 51
Name
CC# Office Use Only
Expires
2% DISCOUNT WITH PAYMENT IN 20 DAYS

SIGNATURE DATE
360
w x. . , ,.,.; .....,,.

C oCu3ign nvelope ItJ: 4qC50F92- 2786- 4010-A48i- 999AESB02F63 940 River Isl nds Pkwy
Purchase t rder
Lathrop, CA 9533Q Nr. 2023- OOQQQ36
o Dat 2t112023
Resolu# ion
Attachment C
PUFtCtiASE ORDER NUMBER MtlST
The parties to this agreement APPEAR t)N A L INYOICL, s i a s,.

Of LAC111VG AND Gt} Ri2 SPONd NC
are:

Vendor No. 3643
DEL,#VER BY
C t1TURE CMEVROL T F Vs 940 River Islands Pkwy
SHiP VIA
SACRAMENTC} ING Lathrop, CA 9533Q FREIGHT TERMS
48'[ 1 MADISON AVE PAGE 1 fl
SACRAMENTC7, CA 95841 o pRIGtNATOR Cristina Caguiat

1. 00 EACH 2O23 Chevy Tahoe PPV 2WD 55, 03B. 56Cfp $ 55, Q36. 56

4. 0( 3 EACH Documentation ' ee 85, OQOQ 85, 00

1. t}fl L-"ACN Elec#ronic Fiie Fee 33. 4{lQ€l 33.(} 0

1. t3 EACH SaMes Tax 4,823. 14{ 0 4, 823. 14
7he contractar agrees to furnish all Eabor, equipment and materiais necessaryr to perCorm the services IIAIAIII'.
70 describe herein and agrees io corr 1 with the terrns and conditions identified belaw which are made a part hereof by fhis reference L? crttl' e exa ef il vhat is to be done, where is ta be dane and include work spe ' tiort ' iL'+ le.)
DocuSiqned by:

I ( iT+l l'
z/ 1 202
7 f
r..r:
c r o. a rrtRaw v r o s g r r8>
REC{} MMEN ELI F4R APPROVAL DATE APPftC3VEE3 BY DATE
a.. a' Grady 1eet oirect zoz3 t• L3
CITY QF LATMROP VENOQR ( Print Name)
APPROVED BY DRTE APPROVED BY DAT€
Specia{ Instructions
One Chevy Patro! 7ahoe

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361
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DocuSigr Enveiape IQ: 4DC5CJF92- 2796- 4 70-R481- S33AE88€} 2 63 P 3z ? C1f
ST."' I} RD PL C' H: SE C RDEFt
TER.' 1y . 73 C C3: zL`I?IC>l 5
Ct'EFT?,' tE, cctptancc of dns Purcha; t Ut: ex, lhetlu k' t zit'eu arknos 3edeeasrui ar b• perfc. a ce b}` ellrr., I all h ugva thc tzrnxz a d+ ci cn:; f rxcst, no oth a tezms ar c edi#sans st ll 1se bsa g an Benr* uniess u-ritten apgrox al t: recf specx 4ali} refesxu3e ta suc: otlier te s unc3 4 St cnS shali haR•e been i-n ta 5etler.

L,' flICES 5eparata inroicr s ali be supgiird far each Purchasr C} rder shigm t larh ts t oi e shaill bc tesntz rd wd s: ll she t C`+suir c uinL+er_tezms. discaunzs. date f shipment or s r zce dates, a: F mE ase l?rdtx' tiumbaer. Faihuc tn sla; t: aid itetus cua• reJal:
i cie; at of pa mcn# 1v h all nebrs resm•cci. tinrfu3in e sh discainnt;, The 1 e dQr name on thi urth se Jrck r sult d fivm a u ttari ti s ne u tiir s me natue.° rne.nt ill not b made to a zazm uanae othex an rhar slarn n 3} u t'ac" raerenf arsthnus 3iritten a yte mt F' 3": iE' tiT T R2 i5 Se11rr shaIl reteic r
p; tn eat e t3 et ' i C1ne- 7ssne paY uenz { wn Sism ' s. 4amr} si• r C iarterlt- IT. 4IIZEU T`.v' OI' E :. 11 pa„ uen,t arr att urreac*.
l {)RDER C,.. i,r& S. The Bu• cr shail are che xi„ ht fZa t sc tt+ a.ue trt• t ntte uriicrs t r maks.: a ages u q<. naties and r deki. n t ices af x azdcl. material.? ar en ces ca• ercd b} t3 is Purrhasr Qrder pzioa to the Unae shr is ar tems are ac: a: i- plat eui uitv^".: at gr iucnon h the Sell r. if, unc hanges arr mnde aRer the amcle. niateriai. or s ces are pi crd iuta f l prod^ tiatt t.• the S 11er and sc h chang s cau:se s yubstwRal inrzease o deerease in SeIlei peifo mancr ill he macie aad z us or er uili tae mocii ect i in a: cardiusf-. prtx tdcd ttsat ats}• clazm for adju c u ast r asse:t d b x
dur Se1Grr a ihan a re s t le tirue fis n, a. e tc es: etd tuenn it} afttr rhr thau as rsni d
SHIPi'L\ G Saellrr uiil indieatc Plainl}` dte Furchase t?r r' Vuuiber an a:: I b Ils ei: iae_ li e eods u d ptu: v:: tQ, Ai ard r. a
OII B. I 3SII1i.Ea. freigizt b. sad psck: asrs. Ear4s p: l•a must eou#ain a memarandi s slunt 5t l r' s namr_ c ntettts a!' paJ; a r. and I l 3rd r:i zber.

S ipaas t5 0£¢: s speci, d ou tix s P:uchhnse Or rx m auher slw ild e>ult in Ion e t pasvable freiaht rara cw te s atlsrn ise ; per f'iea b But- r. P a.a3 irs ar i ater rh r es d ar ta fa lmre aa ubscsr this ps€ ssia aii bc chsrged td eIler Sfupp? s r#s fr¢ errcL tsu lrae e: drr st ai! k t
p
i3 orih' ai t tt x te u•turlt ct id kta<°e lxrn applicab[e aad tiZe coni 3rre orde r i a Pi ma ne tmue r`.Il r ceess costs s al.l be ornr# n Sellrr. Ps sti I shi a ts anust be sdenufied as sur chi}rpsne uieut ras a and in• nsces
CL' hra shzppiug. 5ellrr rili mai: e tto declara hea c f rslur tc r: sried. cxcrg! e err s s mrnt is sutsject t rKira, t i t aaae raz#n¢, ttti tn f i 3s uFsgl ed to C st•tuch are eorertd bt• x 05° iazard t'nustuunitatinrs 5i ard rnttst Dr are an: ed b t te a phcabk aferia Safetr aca Shee€ a't i5 5 st t e taa e Qf de irer+•_ E DEi.I`' I. L=ccte s o exu ise eRgressl} pro. idesl. SeUer shall eL• er all azuclrs ro$ u rr' p emise. frre uf aJ fr h, hane i ur_ u xtanon dra agr. bc xing and siarilar char rs. # 1i t mes in thi, can rart are ni thr rss e e TEF1iL': TT J Bu rr ma termu atc all or part af dus co r rar. ti z ar rr: t aut avus ee. ? f auE r temuu tes n-sth. t cauu. rhe Biieer s an i p' sli rrasonabk temn: a3tian charges incru rcd' ellrr.

S. DECLL' TE I:ti P1. IC`ES. Bu r shsl t+r ratrrtrd sn t e rY t c i d cLuus pnces cn t s us& 1iz exsxl p+ taan of ch: A rrEzase r cr Lf pricr d rcline ot trnas ocderc r3. 5c1rr zua' rlrrt to zueet pruacE re c uct osss ox nkher a enda s. ar s+ u la es prtc+rs tcs other purrl a. en. bui f Selkr shmuld xtfus ro da sa. H i t•er sEsatl ha+ r t r ne1 c zu cas el aui• or ati vf t3 e ba anre ctur o z th s Purchase t7ider u•it aru co, t to But tr.

FflPt' E.. L,,I L'IiE. t€t r Sellex nar B er, bt be Iiabir f rz nou ezfaxmamce du ta causes krrf'+ n Fcaaonabie ce: ral. 141ure aulti• a gas! of 5eilez s c pac• o perEorm is ex: use3 under this paragraph Se31er musr alla. ated pst+ ct u and drl smes azuoue eiu cnnuu> cns# cxsx# hen Lmder crrnt act for ssaular Sacrds durina t petzod. '[ se allcxotton must lx mndr u a Lur an eq sita lr zuannex [ i err eirher 5e ler er Bure cl ims an rsnt e for nn rrfatat wcr imder this petaeraph_ it snust re aoiue iu a° ntin=_a#he athez p m. Seller sha3 noc be obiigaird tu stll. a Busxr obligat+rd ro Fur l ase. at a later dazzr. that pamoa of tbe¢ oodz t st S llrr is unable ta drl• er ar Bn er es u ble m xrce: e cc u:.r duc to aa} crrused rauu : io guc d art t he lendertd bi• 5e er af' er tht eipirauan oi thr trrn s spet t3ed in chis Pur: ha t Qsder uit ut cc+n rnt 4f Bua-cr. 10 Li.:. P,R:.'"Ti. Sel; er n-acrants thar al[ arucles and se nsc s co- en d hr tfsss Piuchase Or er n i:l ccaf'orni to dra i g.; sectiscar, nn:. ur
saaup and u-ilt be meresantable and af gaad nxatenal.. cie, zgu and w-orkaxan.ha,. fre,r fs.m T 3efe t. and us: 62e fnr t e se tnteu 3 r T1 artscks s ill e. ah ct t rt'rr' s nspercion and rr eetian at the pla: e nf de e•en•. rfec.s x-r aeaicl s asar• be r tumed t the Sell r for fiali cr ciit xr acrsnent at t3ur Sellcr' s isk and ea rz, r. au. lud ng tzans lDlfAtIOII: ttCt s h th n n,^ s.+ ast no de:`crti, c srt: zrs. 1 L e repla: e cc it s at farnaal z slacrrmmt ordrr s: a d[ n• e Buc•r. 1 SSTG,#.. 7. 4eittwer part t shail assi,r,a or transftr tlus P 1: chasr C? c r r+:t rrat t c urtttrn eo sent c fthe. er.

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UocuSigrt Envetope ID: 4DC DF92- 2786- Q1t}- A481- 999AESBD2 63 P.-. GE a t 3
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ap t zt 13 appl ca Ie k s, r i, and r ulaaes s 6E 82d i. Sl1if aJE( F6 CSlI 8+L1'l'i'ti3T# IIt: ta ci a nc,. ti ere f uycltcdzu tn t s ot limited tv Esec ta e} rrie l l'_:16. 3I?Ul, aad sectton 5ba afPublic Lsa• 9?- 11?.' Ilz F.ehabilitshan c* f 1':. the proti;ians of The rlmezicaus asx€ Di abilinrg ct, Trrr nsien: Empi}' r L.aiv t'_S5," i?. S. i. et eq.) and Escesarr ue apl ueut Lav Sertion 90. 0 et eq R.5 '. iu.j ic art errl' mr cporated h1 refierea:. cmless this F+wrchase t?r rs:> rxem u, e s tc aid Ea€ecnt 4^e Chderz. or cts nd t reeulari ns i surd reunder 1{ ytt7R EI 5 Ct LiP£ ti5} tTI}; ti. EA1F' LQ'' ER. S LI,kBII..T'. tl. I} r',. j.t.. LI. ILIP.' fi';.en oti as erfars u cm 3in tr prrmi; r;.Se; kt a rrn to rar.:a at aelter, c rt t sc.
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pti n nitE at 3iakzi rt•.

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DacuSign Envelope 4D 4DG5dF92- 2798- 4ti10- A481- 999RESBD2F83 q
1MlOICE 23 316
r
CMEVI2C: L. T Fi.EET CENTEH
Future Chevrr e#` leet Services J. R. C' GRADY, FLE T C3IRECT R astt Marli an A,re.

Sacramenta CA, 95841 Ce11775.833.2421
w aw,futurec e Qirect 316- 33Ft- 7322
JRQGRADY FUTURECHEVYt3FSAC. C€3M1, i
Cl1STOMER NAME C1TY F LATHROP FH( 1N tJUM8Ei2 2 9- 847 6d02 AI3DFl 55 3 O " yj, C, 1,"''. EMRIL k13DRE39 KOKIQCI.lATHROP.CA.LIS kATNROA, CA 95330
1' EAR Vehicle VINIOi DER# B1D#
2 23 C rrr T oE PPu zwa PR15O995
Item De cripfion:

D AI.ER ASiCING PRtCE I3, 562
FU7URE CHE1JRdLE' I' pFtICE FQR GITY Ol 55,113fi. 56

LATHR P
C) CIJMENTATiC3N F E
85 ELECi` itON1C Ffi. F
SALE,a TAX$, 75°lu j2.,,
7OTAL A4NED TO FUTUR CHEVROLE' t
59, 997. 7( 3 PER UNlT
364
u . ...,....,.... R.,. . E.,,

ATTACHMENT E
CHANGE ORDER NO. 1
Auto-body Paint Service for four( 4) Additional
Police Vehicles for the Lathrop Police
Department City of Lathrop
CONTRACT CHANGE ORDER NO. 1
FOR THE AUTO- BODY PAINT SERVICES FOR FOUR( 4) ADDITIONAL POLICE VEHICLES

FOR THE LATHROP POLICE DEPARTMENT
Contractor: Continental Collision
Address: 9752 Kent, St. Suite 100
Elk Grove, CA 95624
Change Order Date: February 2023
Notice to Proceed Date: May 13, 2022
Contract Execution Date: May 13, 2022
This contract change order augments or changes the following:
1) ADDITIONS TO CONTRACT
Pursuant to the provisions of the Contract Specifications and proposal attached as Exhibit A, you are hereby directed to make the herein described additions, and scope of work contracted for within the terms of the agreement between the City of Lathrop and Continental Collision dated May 13, 2022.

I. CHANGES IN THE SPECIFICATIONS
A. None
II. ADDITIONS TO CONTRACT
NO. DESCRIPTION QTY UNIT UNIT PRICE TOTAL
1 Auto- Body Paint Services for 3 Police 1 Lump 5, 790 17, 370 I nterceptors Sum
2 1 Chevy Tahoe for the Lathrop Police 1 Lump 5, 990 5, 990 Department Sum
TOTAL ADDITIONAL COST FROM THIS CHANGE ORDER NO. 1 23, 360. 00 ORIGINAL CONTRACT AMOUNT 111, 020. 00
REVISED CONTRACT AMOUNT AFTER CHANGE ORDER NO. 1 134,380. 00

END OF CHANGES)

DESCRIPTION OF WORK
See additions to contract. The contractor shall provide all labor, material, equipment and shall perform all incidental tasks as necessary to complete the change order.

TIME OF COMPLETION
The effective date of Change Order No. 1 is February 2023 and it shall terminate no later than June 30, 2023.
365
CHANGE ORDER NO. 1
Auto- body Paint Service for four( 4) Additional
Police Vehicles for the Lathrop Police
Department City of Lathrop

RELEASE AND WAIVER
Acceptance of this Contract Change Order constitutes a full and final resolution of all pending disputes between City and Contractor regarding scope of work and payment for work. Contractor accepts this Contract Change Order as full payment for all work performed to date and hereafter to be performed, up to and including Contract Change Order No. 1. Contractor releases and discharges City from any and all claims, demands, damages, actions and causes of actions and causes of action for injuries, damages or losses, whether known or unknown, foreseen or unforeseen, arising directly from Contractor's work on this contract. Contractor expressly waives the provisions of California Civil Code, Section 1542, which reads as follows:

A general release does not extend to claims which the Creditor does not know or suspect to exist in his favor at time of executing the release, which if known by him must have materially affected his settlement with the debtor.

END OF SECTION)
366
CHANGE ORDER NO. 1
Auto-body Paint Service for four( 4) Additional
Police Vehicles for the Lathrop Police
Department City of Lathrop
Recommended
By:

Raymond Bechler Date
Chief of Police
City of Lathrop
Approved As
To Form:

Z` z3
Salvador Navarrete Date
City Attorney
City of Lathrop
Approved By:

Stephen J. Salvatore Date
City Manager
City of Lathrop
Accepted By
Contractor:

Continental Collision Date
Print Name and Title
367
F ,,,.. _ a;
C

EXHIBIT A
9752 Kent St# 100
Elk grove, CA 95624
916) 213. 9752 ONTINENTfl
i nfo@conti nentalcol lisioneg. com
COLLtSIQf1
Estimate
ADDRESS SHIP TO ESTIMATE# 1016
Lathrop Police Department Lathrop Police Department DATE 02/ 03/ 2023 390 Towne Centre Dr 390 Towne Centre Dr
Lathrop, CA 95330 Lathrop, CA 95330
STOCK#& PROJECT VIN#
CHEVY TAHOE Interceptor WITH DOOR JAMS MASKED
a
H,,
hti, n,,
y r6,..,
ti,,,
Roof Prep& Paint 1 650. 00 650. 00
Rear Left Door Prep& Paint 1 425. 00 425. 00
Rear Right Door Prep& Paint 1 425. 00 425. 00
Right Front Door Prep& Paint 1 425. 00 425. 00
Left Front Door Prep& Paint 1 425. 00 425. 00
Left Fender Prep& Paint 1 325. 00 325. 00
Right Fender Prep& Paint 1 325. 00 325. 00
Hood Prep& Paint 1 550. 00 550. 00
Front Bumper Prep& Paint 1 425. 00 425. 00
Rear Bumper Prep& Paint 1 425. 00 425. 00
Tailgate Prep& Paint 1 450. 00 450. 00
Left Quarter Panel Prep 8 Paint 1 475.00 475. 00
Right Quarter Panel Prep& Paint 1 475. 00 475. 00
Door Jambs MASK AND CLEAN 1 190. 00 190. 00
SUBTOTAL 5, 990. 00
TAX 0. 00
TOTAL
5, 990. 00
Accepted By Accepted Date
368
v a . _ , ,.
9752 Kent St# 100
Elk grove, CA 95624
916) 213. 9752 pNTINENTflL info@continentalcoll isioneg. com r. ' ---...

COLLlSIQI" 1
Estimate
ADDRESS SHIP TO ESTIMATE# 1015
Lathrop Police Department Lathrop Police Department DATE 01/ 27/ 2023 390 Towne Centre Dr 390 Towne Centre Dr
Lathrop, CA 95330 Lathrop, CA 95330
STOCK#& PROJECT VIN#
Explorer Police Interceptor WITH DOOR JAMS MASKED
i.,,,, ,...,, i//' ii;,,-,,, y;// i'':- i% 'i ,,,,,.,,,, ,,, ii ., ,,.., , dij;%„,,;,,, ,;, ,, , , ,, , .,.. .,, ,;,,.. . - i„,.. .. . „ . , ,. ,/. i, 0/
Roof Prep& Paint 1 550. 00 550. 00
Rear Left Door Prep& Paint 1 425. 00 425. 00
Rear Right Door Prep& Paint 1 425. 00 425. 00
Right FroM Door Prep& Paint 1 425. 00 425. 00
Leit Front Door Prep& Paint 1 425. 00 425. 00
Left Fender Prep& Paint 1 325. 00 325. 00
Right Fender Prep 8 Paint 1 325. 00 325. 00
Hood Prep& Paint 1 450. 00 450. 00
Front Bumper Prep& Paint 1 425. 00 425. 00
Rear Bumper Prep& Paint 1 425. 00 425. 00
Tailgate Prep& Paint 1 450. 00 450. 00
Left Quarter Panel Prep 8 Paint 1 475. 00 475.00
Right Quarter Panel Prep& Paint 1 475. 00 475. 00
Door Jambs MASK AND CLEAN 1 190. 00 190. 00
SUBTOTAL 5, 790. 00
TAX 0. 00
TOTAL
5,790.00
Accepted By Accepted Date
369
CHANGE ORDER NO. 3
Attachment D
Purchase and Installation of Police Vehicle
Equipment for four ( 4) Police Vehicles for the
Lathrop Police Department City of Lathrop
CONTRACT CHANGE ORDER NO. 3

FOR THE PURCHASE AND INSTALLATION OF POLICE VEHICLE EQUIPMENT FOR FOUR 4) ADDITIONAL POLICE VEHICLES FOR THE LATHROP POLICE DEPARTMENT Contractor: NextGen Alpha Upfitting
Address: 8400 Carbide Ct, Suite A
Sacramento, CA 95828
Change Order Date: February 2023
Notice to Proceed Date: February 10, 2022
Contract Execution Date: February 10, 2022
This contract change order augments or changes the following:
1) ADDITIONS TO CONTRACT
Pursuant to the provisions of the Contract Specifications and proposal attached as Exhibit A, you are hereby directed to make the herein described additions, and scope of work contracted for within the terms of the agreement between the City of Lathrop and NextGen Alpha Upfitting dated February 10, 2022.

I. CHANGES IN THE SPECIFICATIONS
A. None
II. ADDITIONS TO CONTRACT
NO. DESCRIPTION QTY UNIT UNIT PRICE TOTAL
1 Purchase and Installation of Police Vehicle 3 Lump $ 28, 960. 44 86, 882 Equipment for 3 Police Interceptor Vehicles Sum
2 Purchase and Installation of Police Vehicle 1 Lump $ 29, 914. 07 29,915 Equipment 1 Chevy Police Tahoe Sum
TOTAL ADDITIONAL COST FROM THIS CHANGE ORDER NO. 3 116, 797 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 2 123, 676
TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 1 166, 432
ORIGINAL CONTRACT AMOUNT 403, 955
REVISED CONTRACT AMOUNT AFTER CHANGE ORDER NO. 3 810,860

END OF CHANGES)

DESCRIPTION OF WORK
See additions to contract. The contractor shall provide all labor, material, equipment and shall perform all incidental tasks as necessary to complete the change order.

TIME OF COMPLETION
370
CHANGE ORDER NO. 3
Purchase and Installation of Police Vehicle
Equipment for four ( 4) Police Vehicles for the
Lathrop Police Department City of Lathrop
The effective date of Change Order No. 3 is February 2023 and it shall terminate no later than June 30, 2023.

RELEASE AND WAIVER
Acceptance of this Contract Change Order constitutes a full and final resolution of all pending disputes between City and Contractor regarding scope of work and payment for work. Contractor accepts this Contract Change Order as full payment for all work performed to date and hereafter to be performed, up to and including Contract Change Order No. 3. Contractor releases and discharges City from any and all claims, demands, damages, actions and causes of actions and causes of action for injuries, damages or losses, whether known or unknown, foreseen or unforeseen, arising directly from Contractor's work on this contract. Contractor expressly waives the provisions of California Civil Code, Section 1542, which reads as follows:

END OF SECTION)
371
CHANGE ORDER NO. 3
Purchase and Installation of Police Vehicle
Equipment for four ( 4) Police Vehicles for the
Lathrop Police Department City of Lathrop
Recommended
By:

Raymond Bechler Date
Chief of Police
City of Lathrop
Approved As
To Form: Z--• " - 0 Z3
Salvador Navarrete Date
City Attorney
City of Lathrop
Approved By:

Stephen J. Salvatore Date
City Manager
City of Lathrop
Accepted By
Contractor:

NextGen Alpha Upfitting Date
Print Name and Title
372
NextGen Alpha Upfitting Estimate
8400 Carbide Ct. Suite A
Sacramento, CA 95828 US
916) 423- 5052 EXHIBIT A
Sumeet@NextGenAlphaUpfitting. Net
NEXTGENALPHAUPFITTING. NET
Lathrop Pd
940 River Islands Parkway,
Lathrop CA 95330
wt` 1
1094 01/ 27/ 2023 02/ 27/ 2023
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2022 FORD UTILITY 0. 00
LIGHTING 0. 00
NG ORDER SOS NFORCE NXT RW BW AMBER REAR WITH RED 1 ' 4, 025. 00 4, 025. 00T' BLUE TOP LENSES AND '*' BUILT IN OPTICOM"*' 54"
NG ORDER SOS MPOWER TRAFFIC ADVISOR AMBER 1 834. 84 834. 84T SOS ENT2B3E Intersector Under Mirror Mount Light, 9- 32 Vdc, w/ 4- 1 ' 198. 55 ', 198. 55T', Wedges, Mounting Gasket& Hardware, 16 LEDs, Dual
Color- Blue/ White
SOS ENT2B3D Intersector Under Mirror Mount Light, 9- 32 Vdc, w/ 4- 1 ', 198. 55 , 198. 55T Wedges, Mounting Gasket& Hardware, 16 LEDs, Dual
Color- Red/ VUhite
NG ORDER SOS EMPS4STS5RBW mpower HDC 4" Fascia Light w/ 4 148. 55 594.20T Stud Mount, 18" hard wire w/ sync option, SAE Class 1 & CA Title 13, 9- 32Vdc, 18 LED, Tricolor- Red/ Blue/VVhiteFRONT PUSH BUMPER LIGHTING NG ORDER SOS PMP46KRKL6 MPOWER HD ROCKER BRACKET 2 24. 99 49. 98T

FOR FRONT PUSH BUMPER
SOS EMPS2SMS5RBW mpowerOO 4" Fascia Light w/ Screw Mount, 18" hard wire w/ 4 148. 55 594. 20T' sync option, SAE Class 1 & CA Title 13, 9- 32Vdc, Black Housing, 18 LED, Tricolor- Red/ Blue/White- FRONT PUSH '

BUMPER LIGHTING
SOS EMPS2SMS5RBW mpowerOO 4" Fascia Light w/ Screw Mount, 18" hard wire w/ 2 148. 55 297. 10T' sync option, SAE Class 1 & CA Title 13, 9- 32
Vdc, Black Housing, 18 LED, Tricolor- Red/ Blue/ WhiteREAR LIC LIGHTS SOS ELUC3H010J Universal UnderCover Screw- In LED Insert Single Light Kit, 2 92. 49 184. 98T 9- 32 Vdc w/ 10 5-wire harness: includes insert, Lens# 1 Extreme Angle) & Inline Flasher Dual Color Red/ BlueREAR TAIL LIGHT STROBES MD HE- TLi White Auxiliary Lighting Pod - 1. 5x3 Inch, 3 LED - HATCH 2 48. 95 I 97. 90T

DOME LIGHT
MD HE- TL1 R RED AUXILIARY LIGHTING POD - 1. 5X3 INCH, 3 LED - 1 58. 95 ' 58. 95T 373
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HATCH DOME LIGHT
SOS EMPS2SMS5RBW mpower0 4" Fascia Light w/ Screw Mount, 18" hard wire w/ 2 148. 55 297. 10T sync option, SAE Class 1 & CA Title 13, 9- 32
Vdc, Black Housing, 18 LED, Tricolor- Red/ Blue/ V1/ hite -

REAR HATCH WARNING LIGHTS
SOS ECVDMLTAL00 LED Dome Light, 6" Round w/ Red LED Night Light, 10- 30v 1 89. 45 89. 45T' White LEDs/ White Lens - FRONT DOME LIGHT
PUSH BUMPER SETUP 0. 00
WPS 36- 2125 2020+ FORD UTILITY ELITE Bumper Push Bar; Elite; 1 474. 95 474. 95T Powder Coated; Black; HRPO Steel; 2-3/4 Inch Rubber Strip Uprights; Without Wraparound Brush Guard; For Use With
Optional Top Channel
WPS 36- 2125P6 2020+ FORD UTILITY WRAP Bumper Guard; Elite; Powder 1 510. 54 510. 54T Coated; Black; 7 Gauge HRPO Steel; Dual 2- 3/ 4 Inch Wide Rubber Strips; Requires Westin Public Safety Elite Bumper Push Bar
WPS 36- 6005S2 Bumper Push Bar Top Channel Cover; For Westin Elite 1 42. 99 42.99T Series Bumper Push Bar, With 2 Soundoff NFORCE Light '
Mounting Holes; Powder Coated; Black; Steel
SIREN 0. 00'
SOS ENGSA582RSP ' 500 series remote siren with button control, 10- 16v 1 ' 1, 149. 50 1, 149. 50T SOS ETSS100J 100J Series Composite Speaker w/ Universal Bail Bracket- 2 210. 06 420. 12T 100 watt
CONSOLE 0. 00'
TPS AC- UV20- HC FORD POLICE INTERCEPTOR UTILITY ADJUSTABLE 1 ', 0. 00 O. 00T

HARNESS COVER MADE FOR VEHICLE SPECIFIC

CONSOLES
TPS CG20- UVLP- 17 2020 FORD POLICE INTERCEPTOR UTILITY SPECIFIC ' 1 469J5 469. 75T 17" LOW- PROFILE CONSOLE WITH COMPUTER DECK
NG ORDER TPS FP- S0500- R SOUNDOFF FACEPLATE 1 0. 00 O. 00T NG ORDER TPS FP- ICF5400D ICOM RADIO FACEPLATE 1 0. 00 O. 00T TPS FP- BLNK1 1" BLANK FILLER PLATE 2 , 0. 00 O. 00T
TPS FP- BLNK2 2" BLANK FILLER PLATE 2 0. 00 O. 00T
TPS FP- USB- 2DC 2" FACEPLATE DC OUTLET/ USB CUTOUTS 1 68. 85 68. 85T

ELECTRONICS INCLUDED
TPS AC- INBHG INTERNAL DUAL BEVERAGE HOLDER 1 52. 85 52. 85T' TPS AC- MCM1 MICROPHONE CLIP PLATE AND CLIP ASSEMBLY 2 15. 39 30. 78T TPS AGTB- ARMMNT- CONSOLE MOUNTED HEIGHT ADJUSTABLE ARMREST 1 , 175. 55 ' 175. 55T' 58 WITH STANDARD SIZE ARM REST FOAM PAD
TPS CM- UMSH- SA- LED CONSOLE SHORT BRACKET U- MOUNT COMPUTER 1 ' 317. 95 ' 317.95T'

MOUNT WITH ROTATING SWING- ARM
DOCKING STATION 0. 00
NG ORDER GETAC S410 - DOCKING STATION MOUNT WITH 1 ' 1, 295. 00 1, 295. 00T POWER
NG ORDER GETAC S410 DOCKING STATION POWER SUPPLY 1 189. 99 189. 99T GUNLOCK 0. 00
374
d,' w#, 4 ,
i / C"
TPS GM- SGRF- MNT DUAL WEAPON MOUNT 1 285. 95 285. 95T' TPS GM- B- SCIAR- BKT CLAMSHELL STYLE WEAPON LOCK BRACKET FOR AR 1 65. 00 65. 00T

STYLE RIFLES
TPS GM- B- OP- SC5- BKT HANDCUFF STYLE WEAPON LOCK BRACKET WITH 1 74. 00 74. 00T'

MORE PITCH FOR AR STYLE RIFLES WITH BOLT- ON

ACCESSORIES
NG ORDER SC 1 870 REMINGTON SHOTGUN LOCK 1 135. 27 ' 135. 27T NG ORDER SC 6 UNIVERSAL GUN LOCK RATCHETING STYLE 1 203. 50 203. 50T' PRISONER SETUP 0. 00'
TPS TP-E- SL6- US- SS , US size, Recessed Panel; Sliding window; Square- hole 1 858. 60 858. 60T punched crawl- thru prevention bracket
TPS SAB- 20- FDUV- BB 2020+ PI Utility Big- Boy partition mounting kit. Extra seat- 1 89. 99 ', 89. 99T back recline.

TPS KP- UV20- DAP- SS- 2020+ PI Utility 3- pc. Kick panel w/foot pockets & notch to 1 185. 55 185. 55T', N fit over wire harness cover.

TPS PS- 20- UVFX-OS- R , Plastic seat with OS belts, rear partition ( square- hole), with 1 1, 869J5 1, 869. 75T' fire compartment
TPS DP- UV20- SET 2020+ PI Utility driver and passenger side door panel ( SET) ' 1 283. 50 283. 50T TPS WG- 20- FDUV- SET 2020 FORD POLICE INTERCEPTOR/ CIVILIAN 1 275. 50 275. 50T

EXPLORER DRIVER& PASSENGER- SIDE VERTICAL

BAR WINDOW GUARD
REAR BOX AND EQUIPMENT TRAY 0. 00
TPS CP- UV20- MNT- EB FORD POLICE INTERCEPTOR UTILITY ELEVATED BOX 1 289. 50 289. SOT' MOUNT
TPS AGEB- SL-TRAY ' 2020+ PI Utility electronics tray, 37. 5" wide x 23. 6" long. 1 315. 65 ' 315.65T TPS AGEB- TRAY- 2020+ PI Utility electronics tray fence, 37" wide x 5. 6" tall for 1 50. 25 50. 25T FENCE AGEB- SL-TRAY only.

NG ORDER TPS CP- GB44248- PB- T TROY BOX ELEVATED 1 1, 695. 55 1, 695. 55T'

INCLUDING SIMPLEX LOCK AND TOP LIP
ACCESSORI ES 0. 00
TS0 78815 17 FT RG58 The Laird M68U vehicle roof mount antenna 2 22. 49 44. 98T installation hardware kit is for Motorola- style mobile antennas, 0 1000 MHz. This NMO mount is an all brass '
permanent mount for a 3/ 4 in hole.

NG ORDER LATHROP PD ANTNENNA WHIP RADIO VHF 1 29. 99 29. 99T NG ORDER JD 425- 3816 MAGNETIC MIC 2 44. 95 89.90T'
NG ORDER AXON PRE- WIRE CAT 6 CABLE 25 2 29. 99 59. 98T' NG ORDER NG7615 12V SOLENOID TIMER UNIT ADJUSTABLE 1 189. 99 189. 99T' NG ORDER 100A WG AUTOMOTIVE 12V CIRCUIT BREAKER 1 34. 99 ' 34.99T BSS 5026 ST Blade Fuse Block- 12 Circuits with Negative Bus and 1 49. 99 49. 99T Cover
NG SHIP IN SHIPPING IN COST FROM VENDOR 1 550. 00 550. 00 NG INSTALATION INSTALLATION OF CUSTOMER SUPPLIED MODEM, 1 1, 650. 00 ', 1, 650. 00T

RADIO AND AXON SYSTEM( PRE- WIRE IF POSSIBLE),

INSTALLATION OF OPTICOM - OPTICOM TO BE WIRE
CODE 3 OP AND BUTTON CONTROLLED AND GPS UNIT
375
1b. 4YY/ i I, tp // i l
i4'f' , j4';
i i r r, i
i r,
t, . ,; i ,, ,

SUPPLIED)
NG SHOP SUPPLIES SHOP SUPPLIES - TO INCLUDE VEHICLE UPFIT- 1 395. 00 395. 00T

BRACKETS, FUSES, CLAMPS, WIRES, LOOM, MISC

ACCESSORIES
NG INSTALATION INSTALLATION LABOR CHARGE FOR ABOVE 1 4, 250. 00 4,250. 00T

EQUIPMENT PER LATHROP POLICE DEPARTMENT
SPEC
NG CUSTOM CUSTOM POWDER COAT- HUBAPS- 4 1 175. 00 ' 175. 00T SUBTOTAL 26, 917. 00
TAX ( 7. 75%) 2, 043. 44
TOTAL 28 96. 44
Accepted By Accepted Date
376
NextGen Alpha Upfitting Estimate
8400 Carbide Ct. Suite A
Sacramento, CA 95828 US
916) 423- 5052
SumeetQa NextGenAlphaUpfitting. Net
NEXTGENALPHAUPFITTING. NET
A i RE S
Lathrop Pd ,
940 River Islands Parkway,
Lathrop CA 95330
ESi` 9NiATE DATE E7ft' iRATIC3R1 C ATE `
1098 02/ 07/ 2023 03/ 07/ 2023
Il" M 17E F Ii C[ C) C Ct Y :: RAT _ AMC31J[ VT'
2022 CHEVY TAHOE 0. 00.

LIGHTING 0. 00
NG ORDER SOS NFORCE NXT RW BW AMBER REAR WITH RED : 1 ' 4, 025. 00 4,025. 00T BLUE TOP LENSES AND ""` BUILT IN OPTICOM*'* 54"
NG ORDER SOS MPOWER TRAFFIC ADVISOR AMBER 1 ' 834. 84 834. 84T' SOS ENT2B3E Intersector Under Mirror Mount Light, 9- 32 Vdc, w/ 4- 1 ' 198. 55 198. 55T Wedges, Mounting Gasket& Hardware, 16 LEDs, Dual
Color- Blue/ White
SOS ENT2B3D Intersector Under Mirror Mount Light, 9- 32 Vdc, w/ 4- 1 ' 198. 55 198. 55T' Wedges, Mounting Gasket& Hardware, 16 LEDs, Dual
Color- Red/ White
NG ORDER SOS EMPS4STS5RBW mpower HDO 4" Fascia Light w/ ' 4 148. 55' 594.20T Stud Mount, 18" hard wire w/ sync option, SAE Class 1 & CA Title 13, 9- 32Vdc, 18 LED, Tricofor- Red/ Blue/ White - '

I FRONT PUSH BUMPER LIGHTING
NG ORDER SOS PMP4BKRKLB MPOWER HD ROCKER BRACKET ' 2 24. 99 49. 98T

FOR FRONT PUSH BUMPER
SOS EMPS2SMS5RBW ' mpowerOO 4" Fascia Light w/ Screw Mount, 18" hard wire w/ ' 4 ' 148. 55 594. 20T' i sync option, SAE Class 1 & CA Title 13, 9-32Vdc, Black Housing, 18 LED, Tricolor- Red/ Blue/White- FRONT PUSH

BUMPER LIGHTING
SOS EMPS2SMS5RBW ' mpower0 4" Fascia Light w/ Screw Mount, 18" hard wire w/ 2 148. 55 297. 10T sync option, SAE Class 1 & CA Title 13, 9- 32
I Vdc, Black Housing, 18 LED, Tricolor- Red/ Blue/ White- '

REAR LIC LIGHTS
SOS ELUC3H010J Universal UnderCover Screw- In LED Insert Single Light Kit, ' 2 ' 92. 49 184. 98T 9- 32 Vdc w/ 10 5- wire harness: inciudes insert, Lens# 1 Extreme Angle) & Inline Flasher Dual Color Red/ BlueREAR TAIL LIGHT STROBES MD HE- TL1 White Auxiliary Lighting Pod - 1. 5x3 Inch, 3 LED - HATCH , 2 ' 48. 95 ' 97. 90T' DOME LIGHT I MD HE-TL1R RED AUXILIARY LIGHTING POD - 1. 5X3 INCH, 3 LED - ' 1 58. 95 58. 95T' 377
IT M CIESCRlf' T9C) N Q 4' RATE AMCJURiI'

HATCH DOME LIGHT
SOS EMPS2SMS5RBW ' mpower0 4" Fascia Light w/ Screw Mount, 18" hard wire w/ ' 2 ', 148. 55 297. 10T i sync option, SAE Class 1 & CA Title 13, 9- 32
Vdc, Black Housing, 18 LED, Tricolor- Red/ Blue/ White -

REAR HATCH WARNING LIGHTS
SOS ECVDMLTAL00 LED Dome Light, 6" Round w/ Red LED Night Light, 10- 30v 1 ' 89. 45 ' 89.45T' White LEDs/ White Lens- FRONT DOME LIGHT
PUSH BUMPER SETUP 0. 00
NG ORDER Westin Public Safety 36- 4045 1 ' 698. 85, 698. 85T' Bumper Push Bar; Elite; Powder Coated; Black; HRPO
Steef; 2- 3/ 4 Inch Rubber Strip Uprights; Without
Wraparound Brush Guard
NG ORDER I Westin Public Safety 36- 4045PB 1 ' S28. 49 528. 49T Bumper Guard; Elite; Powder Coated; Black; HRPO Steel;
Requires Westin Public Safety Elite Bumper Push Bar
WPS 36- 6015SMP2 ' Bumper Push Bar Top Channel Cover; Elite; For Westin 1 43. 50 43. 50T Elite Series Bumper Push Bar; With 2 Soundoff MR6 Code ' Light Mounting Holes; Powder Coated; Black; Steel
SIREN 0. 00
SOS ENGSA582RSP ' 500 series remote siren with button control, 10- 16v 1 ' 1, 149. 50 1, 149. 50T SOS ETSS100J 100J Series Composite Speaker w/ Universal Bail Bracket- 2 ' 210. 06 420. 12T 100 watt
CONSOLE 0. 00
NG ORDER TPS CG21TH- 0711- OS- DM 18 IN CONSOLE 7in Slope 1 ' 695. 49 ' 695. 49T' 11 in level deep Tahoe specific WIDE BODY WITH OPEN

STORAGE
NG ORDER TPS FP- S0500- R SOUNDOFF FACEPLATE 1 0. 00 O. 00T NG ORDER TPS FP- ICF5400D ICOM RADIO FACEPLATE 1 0. 00 O. 00T' TPS FP- BLNK1 1" BLANK FILLER PLATE 2 ' 0. 00 O. 00T
TPS FP- BLNK2 2" BLANK FILLER PLATE 2 ' 0. 00 ' O. 00T' TPS FP- USB- 2DC 2" FACEPLATE DC OUTLET/ USB CUTOUTS 1 ' 68. 85 ' 68. 85T

I ELECTRONICS INCLUDED
TPS AC- INBHG INTERNAL DUAL BEVERAGE HOLDER 1 ' 52. 85 52. 85T' TPS AC- MCM1 I MICROPHONE CLIP PLATE AND CLIP ASSEMBLY 2 15. 39 30J8T TPS AGTB- ARMMNT- CONSOLE MOUNTED HEIGHT ADJUSTABLE ARMREST 1 175. 55 175. 55T 58 WITH STANDARD SIZE ARM REST FOAM PAD
NG ORDER TPS CM- SDMT- SL- LED CONSOLE SIDE- MOUNT 1 ' 477. 59 ' 477. 59T

COMPUTER MOUNT WITH ROTATING & EXTENDABLE '

SLIDE- ARM
DOCKING STATION 0. 00
NG ORDER GETAC S410- DOCKING STATION MOUNT WITH 1 ', 1, 295. 00 1, 295. 00T i POWER
NG ORDER GETAC S410 DOCKING STATION POWER SUPPLY 1 ' 189. 99 189. 99T GUNLOCK KT- GM- SGRF- SC6- 1 0. 00
TPS GM- SGRF- MNT I DUAL WEAPON MOUNT 1 ': 285. 95 285. 95T' 378
IT M C? ESGRfPTI{ I QTY FtATE AMC) 11 1
TPS GM- B-SCIAR- BKT ' CLAMSHELL STYLE WEAPON LOCK BRACKET FOR AR ' 1 ' 65. 00 65. 00T'

STYLE RIFLES
TPS GM- B-OP- SC5- BKT ' HANDCUFF STYLE WEAPON LOCK BRACKET WITH ' 1 ' 74. 00 74. 00T

MORE PITCH FOR AR STYLE RIFLES WITH BOLT-ON

ACCESSORIES
NG ORDER SC 1 870 REMINGTON SHOTGUN LOCK 1 ' 135. 27 135. 27T NG ORDER SC 6 UNIVERSAL GUN LOCK RATCHETING STYLE 1 ' 203. 50 203. 50T PRISONER SETUP NGKIT- TP- SL6- 21TH- SS 0. 00
TPS TP- E- SL6- US- SS US size, Recessed Panel; Sliding window; Square- hole ' 1 ', 858. 60 858. 60T punched crawl-thru prevention bracket
TPS SAB- 20- FDUV- BB ': 2020+ PI Utility Big- Boy partition mounting kit. Extra seat- 1 ' 89. 99 89.99T back recline.

TPS KP- UV20- DAP- SS- ; 2020+ PI Utility 3- pc. Kick panel w/foot pockets & notch to 1 ' 185. 55 185. 55T N fit over wire harness cover.

NG ORDER TPS PS- 21 TH- OS- R- FX 2021- 22 Tahoe Plastic seat with ' 1 ' 1, 939. 95 1, 939. 95T' OS belts, rear partition ( square- hole), with fire ext. compartment
NG ORDER TPS WG- 21TH- 225- SET WINDOW GAURDS FOR 2022 1 ' 425. 00 425. 00T TAHOE
NG ORDER TPS DP- 2ITH- SET 2021- 22 Chevy Tahoe driver and 1 ' 301. 50 ' 301. 50T' passenger side door panel set
REAR BOX AND EQUIPMENT TRAY 0. 00'
NG ORDER TPS KIT- CP- 2ITH- EB- TRAY 2021- 22 Tahoe elevated 1 675. 00 675. 00T' frame kit to include CP- 2ITH- MNT- EB, AGEB- SL- TRAY, ' AC- EB-TRAY- FENCE.

NG ORDER TPS CP- GB44248- PB- T TROY BOX ELEVATED 1 1, 695. 55 1, 695. 55T'

INCLUDING SIMPLEX LOCK AND TOP LIP
ACCESSORIES 0. 00'
TS0 78815 17 FT RG58 The Laird MB8U vehicle roof mount antenna ' 2 ' 22. 49 44. 98T installation hardware kit is for Motorola- style mobile antennas, 0 1000 MHz. This NMO mount is an all brass '
permanent mount for a 3/ 4 in hole.

NG ORDER LATHROP PD ANTNENNA WHIP RADIO VHF 1 ' 29. 99 29. 99T NG ORDER JD 425- 3816 MAGNETIC MIC 2 44. 95 89. 90T
NG ORDER AXON PRE- WIRE CAT 6 CABLE 25 2 29. 99 ' 59. 98T' NG ORDER NG7615 12V SOLENOID TIMER UNIT ADJUSTABLE 1 ' 189. 99 189. 99T NG ORDER 100A WG AUTOMOTIVE 12V CIRCUIT BREAKER 1 ' 34. 99 34. 99T BSS 5026 ST Blade Fuse Block- 12 Circuits with Negative Bus and ' 1 ' 49. 99 49. 99T' Cover
NG SHIP IN SHIPPING IN COST FROM VENDOR 1 ' 550. 00 550. 00 NG INSTALATION INSTALLATION OF CUSTOMER SUPPLIED MODEM, 1 ' 1, 650. 00 1, 650. 00T'

RADIO AND AXON SYSTEM( PRE- WIRE IF POSSIBLE), I

I INSTALLATION OF OPTICOM - OPTICOM TO BE WIRE '
CODE 3 OP AND BUTTON CONTROLLED AND GPS UNIT '

SUPPLIED)
NG SHOP SUPPLIES ' SHOP SUPPLIES- TO INCLUDE VEHICLE UPFIT- 1 ' 395. 00 395. 00T

BRACKETS, FUSES, CLAMPS, WIRES, LOOM, MISC
379
r n _ Q sc i Tiory t v . _ nnr u'

ACCESSORIES
NG INSTALATION INSTALLATION LABOR CHARGE FOR ABOVE 1 : 4, 250. 00 4,250. 00T'

EQUIPMENT PER LATHROP POLICE DEPARTMENT '
SPEC
NG CUSTOM CUSTOM POWDER COAT- HUBAPS- 4 1 ' 175. 00 175. 00T SUBTOTAL 27, 802. 04
TAX ( 7. 75%) 2, 112. 03
TOTAL 29,914.07
Accepted By Accepted Date
380

CITY MANAGER' S REPORT
ITEM 5. 1
FEBRUARY 13, 2023 REGULAR CITY COUNCIL MEETING
ITEM: PUBLIC HEARING ( PUBLISHED NOTICE) TO

CONSIDER COMMUNITY DEVELOPMENT BLOCK

GRANT ( CDBG) AND HOME INVESTMENT

PARTNERSHIP ACT ( HOME) PROGRAM ALLOCATIONS
FOR FISCAL YEAR 2023/ 2024
RECOMMENDATION: Council to Consider the Following:

1. Hold a Public Hearing; and

2. Adopt Resolution Recommending the Allocation of
the CDBG and HOME Funds for FY 2023/ 2024 for
consideration by San Joaquin County and the US
Department of Housing and Urban Development
HUD) pursuant to Budget Amendments
CEQA STATUS: This item is statutorily exempt under Article 18, Section 15273, because CEQA does not apply to the
establishment or modification of HUD funding
programs to public agencies which are to meet
community needs.

SUMMARY:

Each year the City of Lathrop (City) receives an allocation of Community Development Block Grant ( CDBG) and HOME Investment Partnership Act ( HOME) funds. Both programs are funded by the U. S. Department of Housing and Urban Development HUD), and administered by San Joaquin County ( COUNTY), under an Urban Cooperative Agreement between San Joaquin County and the cities of Escalon, Lathrop, Manteca, Ripon, and Tracy.

The County guidelines are in place to help meet the needs of the community and the requirements set forth by HUD. Important highlights of these guidelines are as follows:

Multi- entitlement agencies must apply directly to San Joaquin County for both County and City funding.

The minimum award for public service grant requests should be at least 5, 000. 00, unless prior approval received from San Joaquin County.

Cities will be recommending the local allocation of funds for final approval by the San Joaquin County Board of Supervisors and HUD.

For fiscal year 2023/ 2024, the City of Lathrop anticipates an allocation of $ 92, 487 in CDBG funds and $ 33, 624 in HOME funds. Final allocation numbers are determined upon Federal Budget approvals, which will be proportionally increased or decreased from the estimated funding levels to match the actual allocation amounts. 381
CITY MANAGER' S REPORT Page 2
FEBRUARY 13, 2023 CITY COUNCIL REGULAR MEETING

PUBLIC HEARING ( PUBLISHED NOTICE) TO CONSIDER CDBG AND HOME FUNDING ALLOCATIONS FOR FISCAL YEAR 2023/ 2024
No more than fifteen percent ( 15%) of the allocated CDBG funds may be designated toward Public Service organizations with the remaining eighty- five percent ( 85%) designated toward Public/ Capital Facility projects. HOME funds may be allocated to eligible program( s) administered by the County.

City Council must conduct a public hearing to consider funding requests from eligible applicants, prior to finalizing recommendations of local CDBG and HOME funding allocations. Staff published a legal advertisement on December 20, 2022 to promote the availability of CDBG and HOME funds and to solicit eligible applicants. A second legal advertisement was published on February 3, 2023 to announce the public hearing date to consider CDBG and HOME funding allocations for FY 2023/ 2024.

Multi- entitlement agencies serve residents of multiple cities throughout the County, therefore these agencies are required to submit one application to San Joaquin County for individual local agency funding requests.

There were four ( 4) multi- entitlement agency applications submitted for CDBG Public Service' s
funding, one ( 1) application submitted directly to the City for consideration of a local Public Service grant, one ( 1) application received for a Public Facilities grants, and zero ( 0) applications received for HOME funds.

The three- step process for allocating funds to identified local activities is referenced below:

STEP 1. Allocate funding for the CDBG Public Service Organizations.

STEP 2. Allocate funding for the CDBG Public/ Capital Facility Projects.

STEP 3. Allocate HOME funds to an eligible program administered by the County.

Staff recommends that the City Council consider the information provided at the public hearing, staff' s presentation, and Lathrop' s Scoring Committee' s proposed funding allocations for CDBG' s public service grants, public facility grants, and the HOME funds for fiscal year 2023/ 2024. City Council maintains sole discretion to accept staff's recommendation or propose recommended funding allocations toward eligible applicant projects or services they deem in the best interest to meet community and resident needs.

BACKGROUND:

The City of Lathrop, in accordance with the Urban Cooperative Agreement with San Joaquin County, will make recommendations to allocate the anticipated amount of CDBG funds to Public Service organization( s), Public/ Capital Facility project( s), and HOME funds as follows:
382
CITY MANAGER' S REPORT Page 3
FEBRUARY 13, 2023 CITY COUNCIL REGULAR MEETING

PUBLIC HEARING ( PUBLISHED NOTICE) TO CONSIDER CDBG AND HOME FUNDING ALLOCATIONS FOR FISCAL YEAR 2023/ 2024
CDBG
Public Service Awards ( 15%): 13, 873
Public/ Capital Facility Projects ( 85%): 78 614
Total anticipated CDBG Allocation: 2 4 7
HOME Funds
Total anticipated HOME Funds 33 624
STEP 1: Allocate funds to Public Service Organizations
Multi- Entitlement Agencies:

Multi- entitlement agency applicants include San Joaquin County Department of Aging, Emergency Food Bank of Stockton/ San Joaquin, San Joaquin Fair Housing, and Give Every Child a Chance ( GECAC). Each of these organizations provide services within multiple cities throughout San Joaquin County, and have applied directly to the County through the one application process to request funding from the County and Cities for which they provide services.

The following summary describes the services provided to Lathrop residents by each of the multi- entitlement agency applicants and the amount requested by each organization:

San Joaauin Fair Housinq 1, 250
The San Joaquin Fair Housing Board is designed to further fair housing in San Joaquin County. They achieve this by educating tenants and owners on all the Federal and State Fair housing laws accomplished through direct outreach, education, mediation and virtual workshops. It is important to note that this is a HUD mandated program, which requires each jurisdiction to provide their proportionate share of the anticipated expenditures by San Joaquin Fair Housing for the fiscal year. In other words, the 1, 250 is a requirement. The program expects to benefit approximately 2, 743 Lathrop residents.

Give Every Child a Chance — Before/ After School Programs 5, 800 Give Every Child a Chance ( GECAC) provides free to minimal cost programs to youth in San Joaquin County. Free mentor/ tutoring to students in K- 12th grade is provided through programs called TEACH, ASAP, and BHS. In addition, bi- monthly food, activity kit distributions, and a Summer Supplemental Program ( Day Camp) are provided. The programs expect to benefit approximately 445 youth in Lathrop. 383
CITY MANAGER' S REPORT Page 4
FEBRUARY 13, 2023 CITY COUNCIL REGULAR MEETING

PUBLIC HEARING ( PUBLISHED NOTICE) TO CONSIDER CDBG AND HOME FUNDING ALLOCATIONS FOR FISCAL YEAR 2023/ 2024
Emergency Food Bank — Mobile Farmer' s Market 1, 919
The Emergency Food Bank of Stockton/ San ) oaquin is requesting funding for its Mobile Farmers Market" program, which visits 70 sites throughout the cities and county. Each site is visited monthly, with a goal of providing nutrition education and increased access to fresh produce, to promote healthy lifestyles and decrease the prevalence of disease/ chronic health conditions and food insecurities to the most vulnerable populations.

There are three Mobile Farmer' s Market sites serving Lathrop for one day each month:

Joseph Widmer Elementary, Lathrop Elementary, and Grace Community Church. The program expects to serve 989 residents of Lathrop.

SJC De artment of Aging — Meals on Wheels 1, 000
The San Joaquin County Human Services Agency' s Department of Aging & Community Services is requesting funding for its Home Delivered Meals Program Meals on Wheels", which delivers five nutritious meals once a week to homebound seniors who lack transportation and have little or no social support. The program objective is to promote better health through improved nutrition. The program expects to benefit seven ( 7) senior residents of Lathrop.

Local Organizations:

Local organizations that serve and operate within specific jurisdictions are encouraged to apply directly to the Cities for CDBG grant funding. For FY 2023- 24, the City received one local organization application.

The following summary describes the services provided by the applicant( s) to Lathrop residents and the amount of funding requested:

Citv of Lathrop ( Parks & Recreation Denartment) 5, 000 The City of Lathrop' s Parks & Recreation Department ( PRD) offers an Activity Assistance Program designed to provide financial assistance to eligible low- income families and individuals who wish to participate in recreation services and activities.

PRD services and activities may include before and after school programs, day camps, sports programs, and classes. Eligible individuals may use up to $ 250 annually, but only 50% of the fees may be covered through the Activity Assistance Program; families must pay the remaining percentage. The program expects to benefit 25 Lathrop residents.

The Lathrop Ranking and Scoring Committee reviewed the applications and recommends allotment to each qualified public service organization as follows:
384
CITY MANAGER' S REPORT Page 5
FEBRUARY 13, 2023 CITY COUNCIL REGULAR MEETING

PUBLIC HEARING ( PUBLISHED NOTICE) TO CONSIDER CDBG AND HOME FUNDING ALLOCATIONS FOR FISCAL YEAR 2023/ 2024

PUBLIC SERVICE ORGANIZATIONS ALLOTMENT SUMMARY
Requested Recommended
Organization Amounts for Allotment for
FY 23/ 24 FY 23/ 24
San 7oaquin Fair Housing 1, 250 1, 250. 00
Give Every Child a Chance ( GECAC) 5, 800 5, 800. 00
Emergency Food Bank ( Mobile Farmers Market) 1, 919 1, 919. 00 S] C Dept of Aging, Meals on Wheels 1, 000 1, 000. 00
Lathrop Activity Assistance Program 5, 000 3, 904. 00
TOTAL FUNDS 14, 969. 00 13, 873. 00
STEP 2: Allocate Funds for Public/ Capital Facility Project( s) The City of Lathrop anticipates $ 78, 614 of CDBG funds to be available for eligible public/ capital facility projects.

One application was received by the City' s Public Works Department for funding of ADA accessibility improvements related to City facilities including the Generation Center, Lathrop Police Station, Community Center, and the Senior Center. A summary of the project and the amount requested are referenced below:

Lathrop Public Facilities — ADA Accessibility Improvements 92, 487 The City of Lathrop was awarded CDBG grant funding in FY 2021/ 22 for $ 82, 300. 61 and FY 2022/ 23 for $78, 614 to complete City Hall upgrades and improvements needed to comply with the requirements of the Americans with Disabilities Act ( ADA).

The total cost of the project was estimated at $ 212, 300, which included ADA door upgrades, an ADA ramp and other associated modifications in the Council Chambers, an ADA Kiosk in City Hall lobby, additional strike edge clearance, accessible surfacing to City Hall exterior Bulletin Board, and replacement of broadcasting equipment to enhance audio/ video.

The City of Lathrop is applying for FY 2023/ 24 CDBG grant funding to support the purchase and construction of ADA upgrades and improvements to various public facilities including the Generation Center, Lathrop Police Station, Community Center, and the Senior Center. Improvements will include, but are not limited to, automated sliding doors at all public entrances to each building. In accordance with the ADA Self- Evaluation and Transition Plan, City staff continues to work towards the removal of architectural barriers in public facilities and pathways. The upgrades and improvements will allow safe and improved access for people with disabilities to engage in services, programs, activities, and meetings conducted at these locations. 385
CITY MANAGER' S REPORT Page 6
FEBRUARY 13, 2023 CITY COUNCIL REGULAR MEETING

PUBLIC HEARING ( PUBLISHED NOTICE) TO CONSIDER CDBG AND HOME FUNDING ALLOCATIONS FOR FISCAL YEAR 2023/ 2024
STEP 3: Allocate Home Funds
The estimated HOME fund allocation for FY 2023- 24 is $ 33, 624. The City of Lathrop participates in two eligible HOME Loan programs- the Homebuyer pown- Payment Assistance ( GAP) and the Lathrop Housing Rehabilitation Program. Both programs provide low- interest loans for qualified low- income households. The City advertises these programs through the City website, Channel 97, Newsletters, and through flyers distributed at City Hall, Community Center, Senior Center and the library.

San Joaquin County administers the HOME fund applications, contracts, and program disbursements. According to County records, the current balance for the Lathrop Housing Rehabilitation program is $ 113, 762, which includes allocations from FY' s 2019/ 2020, 2020/ 2021, 2021/ 2022, and 2022/ 2023. The GAP program has a balance of $ 10, 000.

As of January 31, 2023, the County reported that the Lathrop Housing Rehabilitation program has assisted one ( 1) resident with several more clients on the waiting list.

The Homebuyer pown Payment Assistance Program ( GAP) has not been utilized for the past nine ( 9) years. Due to the rising cost of housing and a high- income ratio requirement to purchase a house, residents of San Joaquin County find it difficult to qualify for GAP, which requires the applicant to qualify as low- income.

Staff recommends that $ 10, 000 of the HOME Funds be allocated toward the GAP program with the remaining balance of$ 23, 624 allocated toward the Lathrop Housing Rehabilitation Loan Program.

RECOMMENDATION:

Staff recommends that the City Council consider the information given at the public hearing and during the staff presentation to make a funding recommendation to allocate the 2023/ 2024 fiscal year CDBG and HOME program funds pursuant to budget amendments as follows:

Step 1: Allocate CDBG funds to Public Service Organizations ($ 13, 873. 00) as indicated on the Lathrop Scoring and Ranking Committee Recommendations Attachment 2).

Step 2: Allocate CDBG Public/ Capital Facility funds ($ 78, 614. 00) to the City of Lathrop for ADA Accessibility Improvements at the Generation Center, Lathrop Police Station, Community Center, and the Senior Center.

Step 3: Allocate HOME funds ($ 33, 624. 00) to the GAP program and Housing Rehabilitation Programs administered by the County as indicated on the Lathrop Scoring & Ranking Committee Recommendations ( Attachment 2). 386
CITY MANAGER' S REPORT Page 7
FEBRUARY 13, 2023 CITY COUNCIL REGULAR MEETING

PUBLIC HEARING ( PUBLISHED NOTICE) TO CONSIDER CDBG AND HOME FUNDING ALLOCATIONS FOR FISCAL YEAR 2023/ 2024
FISCAL IMPACT:

Staff time to review the applications, prepare this report, presentation and monitor and manage this program.

The County' s disbursement process requires the City to set up a separate account( s) to accommodate the CDBG reimbursement program. Because the applicant( s) have been awarded CDBG grants in the past, all necessary accounts are in place and funded according to this requirement. The only exception will be an increase in the revenue account to accommodate the Public Facilities award for City Facilities ADA Accessibility Improvements Project through a budget adjustment for CIP GG 23- 14.

Staff is requesting the following budget amendments to accommodate the CDBG FY 2023/ 2024 allocations for Public Service and Public Facility Grants:

Increase Revenues
2650- 1130- 333- 01- 02 Intergov. Federal - CDBG CC 78, 614 2700- 3001- 333- 01- 02 Intergov. Federal - CDBG CC 3, 904 Increase Transfers
1010- 9900- 393- 00- 00 CDBG Transfer In - Public Agency 3, 904 2700- 9900- 99- 90- 10 CDBG Transfer Out - Public Agency 3, 904 2650- 9900- 990- 90- 10 CDBG Fund Transfer Out - Public Agency $ 78, 614 3010- 9900- 393- 00- 00 Increase Transfer CIP GG 23- 14 78, 614 Increase Expenses
3010- 8000- 420- 12- 00 Increase Expense CIP GG 23- 14 78, 614 GOALS ADVANCED BY THIS AGENDA:

The proposed Resolution promotes Public Safetv by providing funding for those in need of assistance and support.

ATTACH M ENTS:

A. Resolution Recommending the Allocation of the Community Development Block Grant and Home Investment Program Funds for FY 2023/ 2024.

FY 2023/ 2024 - CDBG/ HOME Grant Applications, Scoring and Ranking Committee Recommendations
387
CITY MANAGER' S REPORT Page 8
FEBRUARY 13, 2023 CITY COUNCIL REGULAR MEETING

PUBLIC HEARING ( PUBLISHED NOTICE) TO CONSIDER CDBG AND HOME FUNDING ALLOCATIONS FOR FISCAL YEAR 2023/ 2024
APPROVALS:
a-°- aaa 3
Shelley Burcha Date
Economic Development Administrator
r _
I
r• O . 3
Cari Ja s Date
Director f inance
z. ` zo
Salvador Navarrete Date
City Attorney
2• g•Z
St n J. Salvatore Date
City Manager
388
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP

RECOMMENDING THE ALLOCATION OF THE COMMUNITY DEVELOPMENT

BLOCK GRANT AND HOME INVESTMENT PROGRAM FUNDS FOR FISCAL YEAR 2023/ 2024
WHEREAS, the City anticipates it will receive an estimated allocation of 92, 487 for Community Development Block Grant ( CDBG) and $ 33, 624 for the HOME Investment Program ( HOME) for Fiscal Year ( FY) 2023- 2024; and WHEREAS, the City of Lathrop has properly published a 30- day public notice of availability of funds for the programs in accordance with HUD regulations; and WHEREAS, the City Council has determined in accordance with the California Environmental Quality Act, Article 18, Section 15273, that this item is statutorily exempt because CEQA does not apply to the establishment or modification of HUD funding programs to public agencies which are to meet community needs; and WHEREAS, the City Council conducted a duly noticed public hearing on February 13, 2023 to consider applications for CDBG and HOME Funds for FY 2023- 2024, has considered the information given at the public hearing and during the staff presentation, and determines that the recommended allocations represent the community needs in Lathrop; and
WHEREAS, the recipients of CDBG funding are required to enter into an agreement with the City to ensure that funds are spent in accordance with HUD regulations.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lathrop, does hereby recommend the following public service agencies and allocated amounts for funding in the Fiscal Year 2023/ 2024 for the CDBG program:

Public Service Or anizations Allocations
San Joa uin Fair Housin 1, 250. 00
Give Ever Child a Chance GECAC 5, 800. 00
Emer enc Food Bank of Stockton/ San Joa uin 1, 919. 00
SJC De t. of A in Meals on Wheel 1, 000. 00
Lathro Activit Assistance Pro ram 3, 904. 00
Total Allocation ( 15% of $ 92, 487) 13, 873. 00
BE IT FURTHER RESOLVED that the City does hereby recommend allocating 78, 614 of the Public/ Capital Facility funds to the City of Lathrop, Public Facilities ADA Accessibility Improvement projects CIP GG 23- 14; and BE IT FURTHER RESOLVED that the City does hereby recommend allocating $ 23, 624 of the HOME Program funds to the Lathrop Housing Rehabilitation Loan Program and $ 10, 000. 00 to the GAP Loan Program for down payment assistance.

Resolution No. 23-
389
BE IT FURTHER RESOLVED that the City Council authorizes CDBG and HOME fund allocations pursuant to the following budget amendments for FY 2023/ 2024.

AYES:

NOES:

ABSENT:

ABSTAIN:

SONNY DHALIWAL, MAYOR
ATTEST: APPROVED AS TO FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney Resolution No. 23-
391

ATTACHMENT B
FY 2023/ 2024- CDBG/ HOME GRANT APPLICATIONS

SCORING AND RANKING COMMITTEE RECOMMENDATIONS
A. PUBLIC FACI. LITY APPLICATIONS FUNDING
AVAILABLE FUNDING 78, 614. 00

APPLICANT PROGRAM REQUEST RECOMMENDATION

1. City of Lathrop( PW) ADA Improvements 92, 487. 00 78, 614. 00 B. PUBLIC SERVICE APPLICATIONS FUNDING
AVAILABLE FUNDING 13, 873. 00

APPLICANT PROGRAM REQUEST RECOMMENDATION

1. City of Lathrop ( PRD) Activity Assistance Program 5, 000. 00 3, 904.00 Multi- City Agencies

2. Emergency Food Bank of Mobile Farmers Market 1, 500. 00 1, 919. 00 Stockton/ San Joaquin

3. San Joaquin Fair Housingl HUD Mandated Services 1, 250. 00 1, 250. 00

4. SJC Dept. of Aging Meals on Wheels 1, 000. 00 1, 000. 00

5. GECAC After School Program 5, 800. 00 5, 800. 00
TOTAL FUNDING REQUEST $ 14, 250. 00 13, 873. 00
C. HOME FUNDS
AVAILABLE FUNDING 33, 624.00

PROGRAM BALANCE RECOMMENDATION
GAP PROGRAM— DOWNPAYMENT ASSISTANCE 10,000. 00 10, 000. 00 HOUSING REHABILITATION PROGRAM 113, 762. 00 23, 624.00
NOTES:

A) Public Facility Grant funding is the total CDBG allocation less 15% for Public Services. CDBG Allocation for FY 2023/ 2024 based on FY 2022/ 2023 final allocation numbers of$ 92, 487. 00.

B) Awards for Public Service Applications submitted directly to the City must be a minimum of$ 5, 000. 00, unless prior approval is received by San Joaquin County. Multi- County agencies who have applied through the County may be awarded less than the $ 5, 000 minimum and recommendations are up to the discretion of the City Council.

C) HOME funds have been awarded toward the Housing Rehabilitation Program since 2018. There is a total of 113, 762 remaining in Lathrop' s program. During 20Z2, one Lathrop resident received a housing rehabilitation loan and several more are on the waiting list. The County submits awards based on a first- come, first- serve basis for all applications received throughout San loaquin County.

GAP Program — Downpayment Assistance is rarely used in the County due to the high price of homes and households not able to meet the income qualification to purchase a home. 1 HUD mandated program, which requires each jurisdiction to provide their proportionate share of the anticipated expenditures by San Joaquin Fair Housing for the fiscal year. 392
ITEM 5. 2

CITY MANAGER' S REPORT
FEBRUARY 13, 2023 CITY COUNCIL REGULAR MEETING
ITEM: CITY COUNCIL DISCUSSION REGARDING

REGULATION AND LIMITATION OF HOTEL

ESTABLISHMENTS
RECOMMENDATION: City Council to Discuss and Provide Staff Direction as to Whether to Prepare an Ordinance for Review by
the Planning Commission and Subsequent
Consideration of the City Council, for Regulation and
Limitation of Hotel Establishments.

CEQA STATUS: Exempt According to California Environmental Quality Act Article 5 § 15061( b)( 3), by the ' Common
Sense Exemption"
SUMMARY:

On November 14, 2022, the City Council directed staff to research and provide options regarding regulation and limitation of hotel establishments in the City. In particular, the area of concern is the Central Lathrop Specific Plan and Mossdale Landing development areas.

The purpose of this discussion item is to obtain input and direction from the City Council related to the establishment of new hotels in the City.

BACKG ROU N D:

There are two major commercial development areas along the west side of Interstate- •. 5; the Central Lathrop Specific Plan ( CLSP) and Mossdale Landing ( ML). As of writing of this report, there are three approved hotels and one in review within this part of town. The approved hotels include:

Fairfield Inn by Marriott ( 97 rooms), 17401 S. Manthey Rd.

TownePlace Suites by Marriott ( 97 rooms), 17400 Golden Valley Pkwy.

Homewood Suites by Hilton ( 112 rooms), 17100 Golden Valley Pkwy.

In addition, staff is currently processing an application to construct a Home2Suites by Hilton. This project proposes 93 guestrooms and is located at the southeast corner of Golden Valley Parkway and Stanford Crossing ( 15800 Golden Valley Pkwy.) In Central Lathrop, a hotel is listed as a " Permitted Use" in the CO- CL, Commercial Office Zoning designation. This means that no discretionary review is required and the use is allowed by- right ( as long as the project complies with the development standards and design guidelines of the CLSP).
393
CITY MANAGERS REPORT PAGE 2
FEBRUARY 13, 2023 CITY COUNCIL REGULAR MEETING

DISCUSSION ON HOTEL LIMITATIONS
In Mossdale, a hotel requires a " Conditional Use Permit" ( CUP) if located within the CH- MV, Highway Commercial and CS- MV, Service Commercial zones. A CUP requires a public hearing and the Planning Commission must make certain findings including the compatibility of the project with the surrounding area. In other words, a hotel is not allowed by- right in Mossdale and must obtain discretionary approval from the City.

ANALYSIS:

In regards to regulation and limitation of hotels in the City, staff is proposing the following options for Council' s consideration:
tion 1: Propose a development limit for new hotels in CLSP and Mossdale. This will require an amendment to the Zoning Ordinance and Mossdale UDC to limit the number of new hotels in these two areas of the City.
tion 2: Make no modifications to the existing process and let the market dictate the development of new hotels.

RECOMMENDATION:

Staff recommends that the City Council discuss the information contained in the presentation and provide direction.

CEQA STATUS:

Exempt according to California Environmental Quality Act Article 5 § 15061( b)( 3), by the ' Common Sense Exemption".

FISCAL IMPACT:

There is no fiscal impact to the City of Lathrop, only staff time to prepare this report. 394
CITY MANAGERS REPORT PAGE 3
FEBRUARY 13, 2023 CITY COUNCIL REGULAR MEETING

DISCUSSION ON HOTEL LIMITATIONS
APPROVALS:

C - 23
Ri Cagui D te
sistant mmunity Development Director
l 7 23
M k Meiss er Date
Community Development irector
Zp t--3
Salvador Navarrete Date
City Attorney
l • Ti3
Ste Salvatore Date
City Manager
395
396
ITEM 5. 3

CITY MANAGER' S REPORT
FEBRUARY 13, 2023 CITY COUNCIL REGULAR MEETING
ITEM: CONSIDER APPEAL OF THE PLANNING

COMMISSION' S DECISION TO APPROVE THE
LATHROP CROSSROADS INDUSTRIAL PRO] ECT.

RECOMMENDATION: Council to Consider the Following:

1. Consider All Written and Oral Information
Presented in this Report and at the Meeting of
February 13, 2023; and

2. Adopt a Resolution to Affirm the Planning
Commission' s Decision to Approve Resolution No.
22- 15 for the Initial Study Mitigate Negative
Declaration and Resolution No. 22- 16 for the Site
Plan Review for the Construction to construct one
of the two following development options:

Option 1: One ( 1) 448, 904 square foot warehouse
building consisting of 251 total parking stalls
243 standard, 8 ADA), 144 trailer parking stalls,
13 bicycle spaces, 50 truck dock stations, and
12, 000 square feet of office space.

Option 2: Three ( 3) warehouse buildings totaling
386, 179 square feet consisting of 423 parking
stalls ( 411 standard, 12 ADA), 62 trailer parking
stalls, 13 bicycle spaces, 74 truck dock stations,
and 20, 000 square feet of office space.

CEQA STATUS: An Initial Study and Mitigated Negative Declaration IS/ MND) was prepared for the Lathrop Crossroads
Industrial Project ( State Clearinghouse No.
2022090562) to disclose potential significant
environmental effects of the proposed project and
identifies feasible mitigation measures that would
reduce the potential significant environmental
effects to a less than significant level. The IS/ MND
was prepared in compliance with the California
Environmental Quality Act ( CEQA).
397
CITY MANAGERS REPORT PAGE 2
FEBRUARY 13, 2023 CITY COUNCIL REGULAR MEETING

APPEAL OF LATHROP CROSSROADS INDUSTRIAL PRO) ECT
SUMMARY:

The Sierra Club ( Delta- Sierra Group Mother Lode Chapter) filed an appeal of the Planning Commission ( PC) approval of Resolution No. 22- 15 and No. 22- 16 for the Lathrop Crossroads Industrial Project (" the Project"). PC Resolution No. 22- 15 adopts the Initial Study/ Mitigated Negative Declaration ( State Clearinghouse No. 2022090562) and PC Resolution No. 22- 16 conditionally approves Site Plan Review No. SPR- 22- 64 to construct one of the following development options:

Option 1: One ( 1) 448, 904 square foot warehouse building consisting of 251 total parking stalls ( 243 standard, 8 ADA), 144 trailer parking stalls, 13 bicycle spaces, 50 truck dock stations, and 12, 000 square feet of office space.

Option 2: Three ( 3) warehouse buildings totaling 386, 179 square feet consisting of 423 parking stalls ( 411 standard, 12 ADA), 62 trailer parking stalls, 13 bicycle spaces, 74 truck dock stations, and 20, 000 square feet of office space.

The Sierra Club appealed the PC' s decision on the basis that they believe the project requires further environmental review to evaluate the energy needs and air quality impacts associated with the proposed project." Staff believes that the concerns expressed above have adequately been address in the IS/ MND that was prepared for the project.

Lathrop Municipal Code 17. 125. 060 provides that the City Council may confirm, modify, or reverse the action of the approving authority, in whole or in part, or add or amend such conditions as it deems necessary."
Staff recommends that the City Council affirm the decision of the Planning Commission to approve the Lathrop Crossroads Industrial Project ( SPR- 22- 64).

BACKGROUND:

On November 30, 2022, the Planning Commission approved the Initial Study/ Mitigated Negative Declaration ( PC Reso. No. 22- 15) and the Site Plan Review PC Reso. No. 22- 16) for the Lathrop Crossroads Industrial Project ( see Attachment 3 for PC Staff Report).

The subject site is located in the Crossroads Commerce Center ( formerly referred to as Crossroads Industrial Park) which was included in the City Limits of Lathrop at the time of its incorporation on July 1, 1989. The project site is located at the southwest corner of D' Arcy Parkway and Christopher Way.
398
CITY MANAGERS REPORT PAGE 3
FEBRUARY 13, 2023 CITY COUNCIL REGULAR MEETING

APPEAL OF LATHROP CROSSROADS INDUSTRIAL PROJECT
The subject property is located within the Crossroads Commerce Center which is mostly developed and has been heavily disturbed by current and past land use activities. Surrounding land uses include: warehouse, outdoor storage, manufacturing, and assembly plants. The proposed project includes five parcels totaling approximately 25- acres. The 2- acre parcel along the southwest corner of D' Arcy Parkway and Christopher Way will be used as a storm drain basin for the project. The site is currently undeveloped and is used as percolation pond( s) for treated wastewater within the City. The property has a General Plan land use designation of GI, General Industrial and IG, General Industrial ( General Manufacturing Crossroads Overlay District) Zoning designation. Associated site improvements include paving, landscaping, lighting, and frontage improvements.

The subject site is included as part of the environmental analysis that was performed for the Crossroads Industrial Park Environmental Impact Report ( EIR) in 1989 and Supplemental EIR, prepared in 2001. The approximately 528- acre Crossroads Industrial Park project includes industrial and commercial uses, as well as a wastewater treatment facility. Development of Crossroads has proceeded over the years with installation of street improvements and utilities in conjunction with construction of new buildings. To date, approximately 90 percent of the Crossroads project is built out.

In compliance with the California Environmental Quality Act ( CEQA) an Initial Study/ Mitigated Negative Declaration ( State Clearinghouse No. 2022090562) was prepared for this project to disclose potential significant environmental effects of the proposed project and identifies feasible mitigation measures that would reduce the potential significant environmental effects to a less than significant level.

ANALYSIS:

Planning Commission Summary
As stated above, the Planning Commission approved the Initial Study/ Mitigated Negative Declaration and Site Plan Review No. SPR- 22- 64 for the Lathrop Crossroads Industrial Project on November 30, 2022 with a 5- 0 vote. On November 30, 2022, prior to the Planning Commission meeting the Sierra Club submitted a comment letter to the Planning Division explaining their concerns in regards to air quality modeling for diesel truck toxins, truck trips, and energy impacts. Additionally the Sierra Club expressed their same concerns during the public comment period for the item at the Planning Commission meeting.

The letter is included as Attachment 4 of this staff report. BaseCamp Environmental, the consultant who completed the environmental review, was present at the November 30, 2022 meeting and provided responses to address the concerns for both the Sierra Club and Planning Commission.
399
CITY MANAGERS REPORT PAGE 4
FEBRUARY 13, 2023 CITY COUNCIL REGULAR MEETING
APPEAL OF LATHROP CROSSROADS INDUSTRIAL PRO] ECT
The BaseCamp representative Charlie Simpson ( Mr. Simpson for future reference) explained that the concerns have already been addressed in the IS/ MND and that the original EIR ( stated above) and negative declaration addressed all of their concerns and that the new additional IS/ MND specific to this project also addressed air quality with mitigation measures in place to address the environmental concerns raised of the project.

Appeal:

On December 9, 2022, the Sierra Club, submitted an application to appeal the Planning Commission' s decision approving the Lathrop Crossroads Industrial Project.

The Appeal Application is Attachment 6 of the staff report. The appellant states that a complete environmental impact report must be prepared to more fully analyze the energy needs and air quality impacts associated with the proposed project." Having said that, the appellant has the following claims:

1. The appellant believes that the methodology used and reported in the IS/ MND is misleading and confuses truck trips with truck mileage, and suggests that the air impact modeling considered only gasoline powered vehicles.

2. The appellant believes that the project has not fully analyzed the energy needs that may be needed for the project.

3. The appellant believes that the project lacks compliance with General Plan Implementation policy LU- 5. c & LU- 5. d in regards to Air Quality for a residence that is within 1, 000 feet from the project site and believes the project should include a Health Risk Assessment ( HRA).

Staff Response
i. The air quality impact analysis utilized the CaIEEMod modeling program, which is specifically designed to address air emissions resulting from new development; CaIEEMod is the accepted modeling program used by air quality management agencies and consultants throughout the state to estimate air quality impacts. The project was analyzed using the model default settings of this program. The appellant criticizes the IS/ MND assumption that the project may include cold storage, which results in higher air pollutant emissions; for that very reason, the modeling for the project assumed cold storage so that the analysis would over- estimate air quality impacts, making the analysis conservative. The assertion that the non- attainment status of the area for PM2. 5 emissions requires additional mitigation is incorrect.

Mitigation for emissions from diesel trucks and other development- related sources are mitigated through an existing San ) oaquin Valley Air Pollution Control District SJVAPCD) regulatory program known as the Indirect Source Rule, which was discussed in the IS/ MND and accepted by the SJVAPCD as adequate mitigation under CEQA.
400
CITY MANAGERS REPORT PAGE 5
FEBRUARY 13, 2023 CITY COUNCIL REGULAR MEETING

APPEAL OF LATHROP CROSSROADS INDUSTRIAL PRO) ECT
Furthermore, as noted above, staff believes the appellant does not present any substantial evidence that the IS/ MND is unclear or mistaken in its determinations regarding the potential environmental impacts or the project or the need for additional mitigation. This same information undermines the assertion that there is a fair argument" that the project may have a significant environmental effect that is not described in the IS/ MND. Despite the appellant' s arguments to the contrary, staff is confident that the IS/ MND that was presented to the Planning Commission provided more than ample and substantial evidence, including basis for its conclusions, to support the finding that the project, with recommended mitigation, would not have a significant effect on the environment.

2. As explained in detail in the IS/ MND, the project is conditioned and will be required to comply with the adopted California Energy Code and CALGreen in effect at the time of the project construction. Compliance with these standards would reduce energy consumption associated with project operations. Project construction and operations would not consume energy resources in a manner considered wasteful, inefficient, or unnecessary.

3. The project has complied with the General Plan Implementation Policy LU- 5. c & LU- 5. d in regards to the requirement to complete a HRA for an industrial project. This was evaluated in the IS/ MND. The SJVAPCD requires a prioritization score of 10 to trigger the need to prepare an HRA; this project received a score of 1. 66, which is below the threshold to trigger the assessment.

Additionally in its October 17, 2022 letter, the SJVAPCD recommended that the City should evaluate the risk associated with the Project for sensitive receptors," first performing a " Prioritization" using the California Air Pollution Control Officers Association' s ( CAPCOA) methodology. However, the SJVAPCD wrote in the same letter, unless the Prioritization score exceeds 10, the potential health risk is considered too low to require an HRA. With that said, BaseCamp performed the CAPCOA Prioritization during preparation of the IS/ MND, that yielded a score of 1. 66, which is well below the HRA significance threshold of 10. This information was reported in the IS/ MND as justifying the determination that the project would not result in a significant health risk and therefore there is no need for a full HRA and otherwise establishing compliance with the General Plan Implementation Policies. The project as designed and conditioned meets the intent of both of these General Plan policies.
401
CITY MANAGERS REPORT PAGE 6
FEBRUARY 13, 2023 CITY COUNCIL REGULAR MEETING

APPEAL OF LATHROP CROSSROADS INDUSTRIAL PRO) ECT
Lastly, staff considers the request to consider adopting an ordinance to establish a comprehensive set of mitigation measures for all future warehouse projects as not relevant to this project. If the City Council wishes to entertain further discussion on the subject it would need to be brought forward as a City Council referral as a separate item of discussion at a future meeting.

On this basis, staff recommends that the City Council affirm the decision of the Planning Commission to approve this Project.

RECOMMENDATION:

Approve a Resolution, affirming the decision of the Planning Commission to approve Planning Commission Resolution No. 22- 15 and Planning Commission Resolution No. 22- 16.

FISCAL IMPACT:

The required Appeal of Planning Commission Action application fee of $ 588 was paid by the applicant. The appeal request has no fiscal impact to the City.

ATTAC H M E NT:

1. Resolution affirming the decision of the Planning Commission ( PC) approving the Lathrop Crossroads Industrial Project, SPR- 22- 64 ( PC Reso No. 22- 15 and 22- 16)

2. Approved PC Resolution No. # 22- 15 and PC Resolution No. # 22- 16

3. PC Staff Report
a. Item 9. 1 Lathrop Crossroads Industrial Project SPR- 22- 64 b. Attachment 1 Reso 22- 15 Approval of Initial Study and Mitigated Negative Declaration
c. Attachment 2 Reso 22- 16 Approval of Site Plan Review d. Attachment 3 Conditions of Approval and Final MMRP
e. Attachment 4 Vicinity Map
f. Attachment 5 Project Plans
g. Attachment 6 Initial Study and Mitigated Negative Declaration h. Attachment 7 GSEJA Email and Letters

4. Sierra Club PC Comment Letter dated November 30, 2022

5. Draft PC Minutes for November 30, 2022 meeting

6. Appeal Application Submitted by the Sierra Club, dated December 9, 2022

7. Filed Notice of Determination ( NOD) dated December 2, 2022 402
CITY MANAGERS REPORT PAGE 7
FEBRUARY 13, 2023 CITY COUNCIL REGULAR MEETING
APPEAL OF LATHROP CROSSROADS INDUSTRIAL PRO] ECT
APPROVALS:
2 z3
T t DaDalt Da e
Assistant Planner
zv Z3
k Cagui D e
ssistant ommunity Development Director
2 8 ZDZ3
M rk M iss er ate
mmunity Dev lopme t Director
2 to13
Salvador Navarrete Date
City Attorney
Z• `, - 2 3
St en J. Salvatore Date
City Manager
403
RESOLUTION NO. 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO AFFIRM PLANNING COMMISSION APPROVAL OF RESOLUTION NO. 22- 15 & PLANNING COMMISSION RESOLUTION NO. 22- 16 RELATED TO THE LATHROP CROSSROADS INDUSTRIAL PRO) ECT ( SPR- 22- 64)
WHEREAS, the City of Lathrop Planning Commission held a duly noticed public meeting on November 30, 2022 and adopted Resolution No. 22- 15 and Resolution No. 22- 16 approving the Lathrop Crossroads Industrial Project with a 5- 0 vote; and WHEREAS, on December 9, 2022, the Sierra Club ( Delta- Sierra Group Mother Lode Chapter) submitted an application to appeal the Planning Commission' s decision approving the Lathrop Crossroads Industrial Project ( PC Reso No. 22- 15 & PC Reso. No. 22- 16); and
WHEREAS, proper notice of this public meeting was given in all respects as required by law; and
WHEREAS, the City Council has reviewed all written evidence and oral testimony presented to date.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Lathrop, based on substantial evidence in the administrative record of proceedings, its findings above, and pursuant to its independent review and consideration, does hereby affirm the decision by the Planning Commission to approve Planning Commission Resolution No. 22- 15 and Planning Commission Resolution No. 22- 16 related to the Lathrop Crossroads Industrial Project and deny the appeal filed by the Sierra Club ( Delta- Sierra Group Mother Lode Chapter).

Resolution No. 23-
404
PASSED AND ADOPTED by the City Council of the City of Lathrop at a regular meeting on the 13th day of February, 2023 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

SONNY DHALIWAL, MAYOR
ATTEST: APPROVED AS TO FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney Resolution No. 23-
405
ATT iCH M ENT " 2 "

CITY OF LATHROP
PLANNING COMMISSION RESOLUTION NO. 22- 15
A RESOLUTION OF THE PLANNING COMMISSI(3N OF THE CITY OF LATHROP

ADOPTING THE INITIAL STUDY/ NIITIGATED NEGATIVE DECLARATION FOR THE LATHROP CROSSROADS INDUSTRIAL PROJECT ( SPR- 22- 64) WHEREAS, the City of Lathrop Planning Commission held a duly noticed public meeting to consider the Lathrop Crossroads Industrial Project pursuant to the Lathrop Municipal Code; and WHEREAS, the subject parcels currently have a General Industrial ( GI) General Plan designation, and are located within the General Industrial ( IG, General Manufacturing Crossroads Overiay) Zoning District; and
WHEREAS, the request is for a Site Plan Review to constr ict the following development options: one ( 1) 448, 904 square foot warehouse building consisting of 251 total parking stalls ( 243 standard, 8 ADA), 144 trailer parking stalls, 13 bicycle spaces, 50 truck dock stations, and 12, 000 square feet of offiee space, OR three ( 3) warehouse buildings totaling 386, 179 square feet consisting of 423 parking stalls ( 411 standard, 12 ADA), 62 trailer parking stalls, 13 bicycle spaces, 74 truck dock stations, and 20, 000 square feet af office space. The project will include various improvements such as landscaping, lighting, and extension of public utilities; and WHEREAS the property is located at 1101 D' Arcy Parkway ( APN: 198- 130- 54, - 55, - 56, - 57,- 58); and
WHEREAS, in accordance with Public Resource Code Section 21000 et, seq. and State CEQA Guideiines Section 15000 et. seq., the City of Lathrop prepared and circulated an Initial Study and Mitigated Negative Declaration for a 20-day public review period beginning September 28, 2022 and ending Octobe.r 18, 2022, that e.valuated the potential environmental effects of the proposed project; and
WHEREAS, the Planning Commission has independently reviewed the informatian contained in the Initial Study/ Negative DeelaraCion for the project and any comments received during the public review period; and
WHER AS, the Planning Commission has utilized its own independent jtidgment in adopting the Initial Study/Mitigated Negative Declaration; and WHEREAS, on the basis of the whole record before the Planning Commission, which is documented in the project files of the City of Lathrop Community Development Department, it was determined that although the proposed project could have a significant effect on the environment, required mitigation measures will be implemented to reduce these effects to a less than significant level. Mitigation measures are incorporated and included as part of the Conditions of Approval for the project; and
Planning Commission Resolution 1Vo. 22- 15 Page 1 of 3
406
WHEREAS, proper notice of this public meeting was given in all respects as required by law; and
WHEREAS, the Planning Commission has reviewed all written evidence and oral testimony presented to date.

NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Lathrop based on substantial evidence in the administrative record of proceedings and pursuant to its independent review and consideration, hereby adopts the Initial Study and Mitigated Negative Declaration attached and incorporated by reference herein ( Attachment 6 of the November 30, 2022 Staff Report), as the appropriate environmental document for the Lathrop Crossroads Industrial Project pursuant to CEQA.

Planning Commission Resolution No. 22- 15 Page 2 of 3
407
PASSED AND ADOPTED by the Planning Commission of the City of Lathrop at a Special meeting on the 30th day of November, 2022 by the following vote:

AYES: Rhodes, Gatto, Ishihara, Ralmilay, Jackson
NOES: None
ABSTAIN: None
ABSENT: None
ATTEST:

G LtL
ark eis er, cretary
Gloryanna Rhodes, Chair
APPROVED AS TO FORM:

Salvador Navarrete, City Attorney
Planning Commission Resolution No. 22- 15 Page 3 of 3
408

CITY OF LATHROP
PLANNING COMMISSION RESOLUTION NO. 22- 16

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LATHROP

APPROVING A SITE PLAN REVIEW FOR THE PROPOSED LATHROP
CROSSROADS INDUSTRIAL PROJECT ( SPR- 22- 64)
WHEREAS, the City of Lathrop Planning Commission held a duly noticed public meeting to consider the Lathrop Crossroads Industrial project pursuant to the Lathrop Municipal Code; and WHEREAS, the request is for a Site Plan Review to construct the following development options: one ( 1) 448,904 square foot warehouse building consisting of 251 total parking stalls ( 243 standard, 8 ADA), 144 trailer parking stalls, 13 bicycle spaces, 50 truck dock stations, and 12, 000 square feet of office space, OR three ( 3) warehouse buildings totaling 386, 179 square feet consisting of 423 parking stalls ( 411 standard, 12 ADA), 62 trailer parking stalls, 13 bicycle spaces, 74 truck dock stations, and 20,000 square feet of office space. The project will include various improvements such as landscaping, lighting, and extension of public utilities; and WHEREAS, the property is located at 1101 D' Arcy Parkway ( APN: 198- 130- 54, - 55, - 56, - 57, - 58); and
WHEREAS, the subject parcels are located in a General Industrial ( GI) General Plan designation, and are located within the General Industrial ( IG, General Manufacturing Crossroads Overlay) Zoning District; and
WHEREAS, in accordance with Public Resource Code Section 21000 et. seq. and State CEQA Guidelines Section 15000 et. seq., the City of Lathrop prepared and circulated an Initial Study and Mitigated Negative Declaration for a 20- day public review period beginning September 28, 2022 and ending October 18, 2022, that evaluated the potential environmental effects of the proposed project; and
WHEREAS, on the basis of the whole record before the Planning Commission, which is documented in the project files of the City of Lathrop Community Development Department, it was determined that although the proposed project could have a significant effect on the environment, required mitigation measures will be implemented to reduce these effects to a less than significant level. Mitigation measures are incorporated and included as part of the Conditions of Approval for the project; and
WHEREAS, the proposed project meets all setback, parking, landscaping and lot coverage and setback requirements of the Lathrop Municipal Code; and and
WHEREAS, proper notice of this public meeting was given in all respects as required by law; Planning Commission Resolution No. 22- 16 Page 1 of 3
409
WHEREAS, the Planning Commission has reviewed all written evidence and oral testimony presented to date.

NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Lathrop does hereby make the following findings:

Site Plan Review Findings. Pursuant to Section 17. 100.050 of the Lathrop Municipal Code LMC), the Planning Commission finds as follows:
a. The proposed Site Plan Review complies with all applicable provisions of Chapter

17. 100;
b. The proposed Site Plan Review is consistent with the site improvements listed in Chapter 17. 100 ( a. through i.) and improvements are such that traffic congestion is avoided and pedestrian and vehicular safety and welfare are protected and there will not be adverse effects on surrounding properties;
c. Proposed lighting for the project area is so arranged as to deflect away from adjoining properties; and
d. The proposed Site Plan Review is compatible with surrounding land uses and will not be detrimental to the health, safety and general welfare of the City.

2. The Planning Commission finds that the proposed project is consistent with the General Industrial land use goals and policies the City of Lathrop General Plan, and will comply with the requirements of the Zoning Ordinance and design standards of the Lathrop Municipal Code upon development, as conditioned.

3. The Planning Commission finds that the requirements and conditions of this resolution are reasonable in preserving, protecting, providing for, and fostering the health, safety, and welfare of the citizenry in general, and the persons who work in or visit the development in particular.

4. The Planning Commission finds that although the proposed project could have a significant effect on the environment, required mitigation measures will be implemented to reduce these effects to a less than significant level. Mitigation measures are incorporated and included as part of the Conditions of Approval for the project.

BE IT FURTHER RESOLVED that the Planning Commission of the City of Lathrop based on substantial evidence in the administrative record of proceedings and pursuant to its independent review and consideration, does hereby Approve Site Plan Review No. SPR- 22- 64, subject to the Conditions of Approval listed as Attachment # 3 of the November 30, 2022 Staff Report, incorporated by reference herein.

Planning Commission Resolution No. 22- 16 Page 2 of 3
410
PASSED AND ADOPTED by the Planning Commission of the City of Lathrop at a Special meeting on the 301h day of November 2022 by the following vote:

AYES: Rhodes, Gatto, Ishihara, Ralmilay, Jackson
NOES: None
ABSTAIN: None
ABSENT: None
Gloryanna Rhodes, Chair
ATTEST: APPROVED AS TO FORM:
ark iss er, Se etary Salvador Navarrete, City Attorney
Planning Commission Resolution No. 22- 16 Page 3 of 3
411
Attachment 3
Lathrop Crossroads Industrial SPR- 22- 64
Planning Commission Staff Report dated November 30, 2022 Due to the size of this document, it has not been reproduced in the staff report. A digital copy of the document is available for viewing and download on the City of Lathrop website at
https:// www. ci. lathrop. ca. us/ bc- pc/ pa e/ plannin- commission- specialmeetin- november- 30- 2022- 0 Individuals that are unable to access the digital copy of the document at the website listed above or require a CD or thumb drive containing a copy of the document should contact Planning Staff at
plannin @ci. lathrop. ca. us or ( 209) 941- 7290 to obtain a copy. 412
ATTACHMENT " ' °

SIERRACLUB
QELTA- SiERRA GROUP
1{ h y' 4 i`".( 4 r' Ei"i
November 30, 2022
City of Lathrop Planning Commissioners
390 Towne Centre Drive
Lathrop, California
Via [email protected]. us
Re: 9. 1 Lathrop Crossroads Industrial Project Site Plan Review SPR- 22- 64; Initial Study/ Mitigated Negative Declaration for the Lathrop Crossroads Industrial Project located at 1101 D' Arcy Parkway, Lathrop, CA Dear Lathrop Planning Commissioners,
We request that the Initial Study/ Mitigated Negative Declaration for the Lathrop Crossroads Industrial Project not be adopted, nor either project options approved. Instead a complete EIR must be prepared to more fully analyze the energy needs and air quality impacts associated with either of the proposed projects, option 1 or option 2. Attached is an excerpt of the Initial Study/Mitigated Negative Declaration for the Lathrop Crossroads Industrial Project sections that are the basis for additional environmental review.

The Attorney General' s office has prepared a best practices document, which outlines additional mitigation measures not included for consideration.

Warehouses over 100, 000 can generate significant truck trips ( approximately 10, 638 miles daily is the estimate) that negatively impact air quality and our region is classified as non- attainment and issues relating to PM2. 5 exist which must be mitigated. The air quality modelling that was performed was for gasoline engine and the land use specified as a refrigerated warehouse. Refrigerated warehouses require refrigerated diesel trucks for transport. While the hazards of diesel were discussed, the air quality impacts associated with diesel trucks was not considered. The large size of the parking lot suggests that there will be the possibility of overnight truck parking which must be mitigated by having electric plug ins so that the diesel engines do not run continuously emitting the hazardous emissions referenced in the initial study.

We urge further review of possible mitigation measures to lessen the impact on residents and nearby communities
Sincerely,
Mary Elizabeth, M. S., R. E. H. S.

Detta- Sierra Group Conservation Chair, Sierra Club
mebeth( a outlook. com
1 413
2 Excerpts of the Initial Study1
Project Description: The project proposes to develop approximately 25 acres of vacant land currently used for percolation of treated wastewater. Two development options are proposed: 1) a single building of approximately 453,904 square feet of floor area; 2) development of three buildings with a total floor area of 396, 179 square feet. Under both options, the buildings would be available for manufacturing or warehouse activities. Access would be provided from adjacent D’Arcy Parkway. New on-site water and sewer lines would be connected to existing City mains in the adjacent street vicinity; the project proposes a storm drainage collection system that would include detention ponds and that would ultimately discharge into the City’ s storm drainage system
As indicated in the CalEEMod run (see Appendix A), the maximum VMT generated by traffic associated with project development ( under Alternative 1) would be 3,882,805 annually under unmitigated conditions, or approximately 10,638 miles daily. Based on estimates by SJCOG, such vehicle traffic would consume approximately 304,212 gallons of gasoline and diesel fuel daily. With the project features and regulations that would mitigate GHG emissions, as described in Chapter

10.0, Greenhouse Gas Emissions, total annual maximum VMT would be 3,254,657, or 8,917 miles daily. Project vehicle traffic under this condition would consume approximately 254,998 gallons of gasoline and diesel fuel daily - a decrease of approximately 16.2% from business- as-usual conditions.

Under the Alternative 2 scenario, daily gasoline and diesel fuel consumption under unmitigated and mitigated conditions would be approximately 262,632 gallons and 220,957 gallons, respectively.

APPENDIX A AIR QUALITY MODELING RESULTS
EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied
1 https:// files.ceqanet. opr.ca.gov/ 281901- 1/ attachment/ AmW0WZz7d8MqB6w6QtPL4uj4HnLajLTPjGL9v4jMB_JIbL7isEJ9ATjYvsymJmzdue3y82NK3Ww5cw60 414
ATTACHMENT " "

CITY OF LATHROP

PLANNING COMMISSION

SPECIAL MEETING
NOVEMBER 30, 2022

MINUTES

1. CALL TO ORDER
Meeting was called to order by Chair Rhodes for the November 30, 2022 Special Planning Commission meeting at 6: 00 P. M.

2. ROLL CALL
PRESENT: Rhodes, Ishihara, Gatto, Ralmilay, Jackson
ABSENT: None
Staff Present: Salvador Navarrete, City Attorney; Mark Meissner, Community Development Director; Brad Taylor, City Engineer; Trent DaDalt, Assistant Planner; and Maria Hermosilla, Executive Assistant

3. PLEDGE OF ALLEGIANCE

4. DECLARATION OF CONFLICT OF INTEREST
None

5. PUBLIC COMMENT
None

6. AGENDA MODIFICATIONS
None

Page 1 of 5 ends

415

Page 2 of 5 ends

7. APPROVAL OF MINUTES

7.1 October 19, 2022 – Regular Meeting
M) Jackson ( S) Gatto to approve the October 19, 2022 minutes Ayes: Ishihara, Ralmilay, Gatto, Jackson
Noes: None

Absent: None
Abstain: Rhodes
Motion Carries: 4-0-0-1

8. PUBLIC HEARING ITEMS
None

9. SCHEDULED ITEMS

9.1 Lathrop Crossroads Industrial Project Site Plan Review SPR- 22-64 Mr. DaDalt made the presentation.

Chair Rhodes opened discussion to questions from commissioners.

Commissioner Ralmilay asked if the roadways could handle the additional 144- truck trips. Mr. Taylor replied that sufficient capacities are included in the project’ s traffic analysis.

Chair Rhodes inquired about overhead PGE transmission lines in the area. Mr.

Taylor explained the various PGE projects in the area.

Chair Rhodes opened discussion to the public.

Referring to the previously submitted comment letter, Mary Elizabeth of the Delta Sierra Organization ( by Zoom) claimed that the project used inappropriate air quality modeling because it did not consider toxins associated with diesel trucks commonly used for refrigerated warehouses. She added that CEQA requires a full disclosure of impacts associated with the project and that the number of truck trips was not disclosed as well. She suggested that a full EIR should be prepared instead of an IS/MND in order to correctly assess air quality and other energy impacts associated with refrigerated warehouses.

Chair Rhodes acknowledged receipt of the Delta Sierra Comment letter. 416

Page 3 of 5 ends

Margo Praus, Chair of the local Sierra Group ( by Zoom), agreed with Mary Elizabeth comments. Ms. Praus hopes the Planning Commission will reconsider the impacts of the project. She stated that numerous similar projects within the county have cumulative environmental and health impacts to both the citizen and the region. She demanded the City utilize the updated Attorney General’ s Warehouse best practice report as a minimum standard for warehousing projects.

She claimed that the project did not look at green alternatives such as solar, zero emission vehicles, etc. and other mitigation efforts recommended in the State Attorney General’ s report.

Isabella Gomez, resident and Local 595 Union member, asked for support of the project. She felt that the project is in the right [ Industrial] location and there should be no traffic impact to any residential areas. In addition, Richland Communities is committed to supporting the local construction workforce that will benefit the people wanting to work closer to home.

Jason Lindsey, Ironworkers Union President, urged the Planning Commission to approve the project. He pointed out that the project is consistent with City’ s General Plan and he acknowledged Richland’ s desire to be a good corporate partner to Lathrop as a community.

Brian Cooley, Richland Communities, thanked the commission for rescheduling the special meeting to accommodate the project. He was excited to bring more jobs and work with local trades within the City. In response to the comments regarding shortfalls in the project’ s environmental analysis, he pointed out that the IS/MND is tiered off the original EIR for Crossroads that contemplated the proposed development in the area. He is confident that the issues brought up by previous speakers were addressed in the CEQA document and the COA attached to the project.

Mary Kenefick spoke ( by Zoom) and asked if there is an additional process of approval for the project. Although she is in favor of businesses and development that would bring jobs, she reminded the commission of the lingering pollution, traffic and other negative effects the project will bring to both Lathrop and Manteca citizens. She noted that emissions and effects do not stay within the property boundaries. She urged the Planning Commission to do their homework and not rubber stamp” the project.

Isabella Gomez reminded the commission to think about the economic benefit of the project.

Responding to Mary Kenefick’ s comments, Chair Rhodes and Commissioner Gatto emphasized that the City [ Planning Commission] is doing their due diligence and noted that previous projects through the years, specifically in Crossroads, were carefully reviewed before considering their approval.
417

Page 4 of 5 ends

Commissioners Ishihara reminded everyone that Crossroads businesses were financially beneficial to the City during economic downturn.

Commissioner Jackson wanted to ensure that a cumulative environmental study was done to determine the need for more measures.

Charlie Simpson, Environmental Consultant for the project, came forward to support the project’ s environmental studies. He responded to Sierra Club’ s comments by explaining how the original EIR and the negative declaration have addressed all stated concerns. He confirmed that the existing EIR, MND and supporting air quality report, and mitigation measures address environmental factors associated with the project.

Ms. Kenefick pointed out that, similar to Manteca CenterPoint Project, the EIR is outdated. She suggested that the Planning Commission should look at population growth between the communities in the intervening years before concluding that an EIR or any other mitigations are not necessary and casually approve the project.

Chair Rhodes reminded everyone that CenterPoint is a Manteca project. She also pointed out that the City of Lathrop has been very responsive to environmental interests thru the years. Commissioners Gatto and Jackson added that City staff has done a remarkable job in putting together a great project. Commissioner Jackson urged staff to provide diesel emissions study to satisfy the public. Mr. Simpson explained that the project used the best available information in using the statewideaccepted model to estimate air emissions. He offered to provide the commission data that would support his claim. Commissioner Jackson concurred.

MOTION
Moved by Commissioner Ishihara, Second by Commissioner Ralmilay to adopt Planning Commission Resolution 22-15 adopting the Initial Study/Mitigated Negative Declaration for the Lathrop Crossroads Industrial Project ( SPR- 22-64).

Ayes: Rhodes, Ishihara, Gatto, Ralmilay, Jackson
Noes: None

Absent: None
Abstain: None
Motion Carries: 5-0-0-0
418

Page 5 of 5 ends

Moved by Commissioner Ishihara, Second by Commissioner Gatto to adopt Planning Commission Resolution 22-16 approving a Site Plan Review for the proposed Lathrop Crossroads Industrial Project ( SPR- 22-64).

Ayes: Rhodes, Ishihara, Gatto, Ralmilay, Jackson
Noes: None

Absent: None
Abstain: None
Motion Carries: 5-0-0-0
Chair Rhodes reminded staff to send the requested information to the Commissioners.

10. STAFF COMMENTS
Mr. Meissner gave updates on various projects within the City. A discussion ensued and staff fielded questions.

11. PLANNING COMMISSION COMMENTS
Commissioner Jackson asked about the new palm trees on median landscaping. Mr. Taylor explained that it was part of Council’ s plan to beautify as well as support economic growth in the City. Chair Rhodes praised City Council for this effort.

Chair Rhodes called staff’ s attention to the quality of some paving projects. Mr. Taylor noted that roadway improvements are going to be inspected prior to Council’ s acceptance.

Commissioner Ralmilay noted the increased I-5 traffic on Louise Ave. near I-5. Mr. Taylor talked about the Louise Ave/I-5interchange designs to improve traffic flow and timing of construction on these improvements.

Commissioner Ishihara thanked staff for their hard work.

12. ADJOURNMENT
Chair Rhodes adjourned the meeting at 7:54 PM.
419
c ty of l TTACH IvI ENT " '
1'
Community Development Department 390 Towne Centre Drive—Lathrop, CA 95330 Planning Division Phone( 209) 941- 7290— Fax( 209) 941- 7268 www.ci. lathrop.ca.us
APPEAL 4F PLANNiNG CC MMISSION
Initial Study and Mitigated Negative Declaration and the Site Plan Review for the Lathrop LOCATION: Crossroads Industrial Site Plan Review No. SPR- 22- 64.

PROPERTY OWNER: _ Q . OrI-S. 1 rr, J JC1`(
APPLICANT ( IF OTHER THAN OWNER): t 1'-G.R A P
P• • d v C Z. l S' oGK 1a `' 5 7 2-0` ' G l- 3 3
Address Phone Number
r` Yf.Q, }
DATE OF ORIGINAL APPROVAL: 11. 30. 2022
EXPIRATION DATE: 12. 10. 2022
BASIS FOR REQUEST: S C , c' c" Ct' j Z` 7'' 3
S w. cr;r'r 2., c. s ' pr-t."
rL. fl LA lc t C. G.' Po,PATTACH ADDITIONAL SHEETS IF NECESSARY)

REQUIREMENTS FOR SUBMITTAL
l. A complete and signed original application. Please not that all property owners or their authorized agent ( attach proof of agent) must sign the application form.

2. Payment of an application fee of 588. 00 due and payahle at the time the application is filed with the Planning Division Office. The application fee is non- refundable.

3. A copy of the recorded deed( s) for all properties involved in t e D preliminary title report if not already on file with the City.

DEC o 9 Z022
CITY OF I. ATHROP
COMMUNITY DEVEtOPMENT
I: ICommuniry Development' PI. ANNING DEPT1Master Applications\ PC Appeals form. doc

DEPARTMENT
420

SIERRA CLUB

DELTA -SIERRA GROUP
S'OT+ R G CKM7f R
December 9, 2022
City of Lathrop City Council
390 Towne Centre Drive
Lathrop, California
Via hand delivery
Re: Appeal of Planning Commission approval of Lathrop Crossroads Industrial Project Site Plan Review SPR- 22- 64; and Initial Study/ Mitigated Negative Declaration Dear Lathrop City Council:

The Sierra Club formally submits this appeal, with accompanying fee, of the Planning Commission approval of the Lathrop Crossroads Industrial Project Site Plan Review SPR- 22- 64; and Initial Study/ Mitigated Negative Declaration by the Lathrop Planning Commission on November 30, 2022.

We have attached several documents that support our appeal. The Council should consider these materials, including the additional air quality and other mitigation measures that have recently been recommended and adopted by the Stockton City Council for a similar large warehouse project, the Mariposa project, on December 6, 2022 ( Attachment A). The entire record of the decision by the Stockton Council, including the revised final environmental impact report, may be viewed at https:// stockton. legistar. com/ LegislationDetail. aspx? ID= 5951308& GUID= F2A901 E7- F7C3- 43A6- 8C1 B- 6FBAD8A3F4BE.

Background
San Joaquin County along with other inland areas of California have seen an explosion of very large warehouse development due to demand from Internet shopping. Distribution warehouses have been concentrated in locations with access to major metropolitan markets in southern and northern California such as the Inland Empire ( Riverside and San Bernardino counties) and now in San Joaquin and other counties of the Central Valley. These projects have the potential, if not adequately mitigated, for adding large numbers of heavy duty trucks and contributing to an increase in poor air quality in the Central Valley.

The Sierra Club together with other community organizations has been actively involved in warehouse projects throughout the state and has secured very meaningful mitigation programs along with environmental justice and community organization to address heavy duty diesel truck emissions and protect the primarily disadvantaged neighborhoods that are most affected by the new warehouses.
421
The issue of requiring adequate mitigation for local distribution warehouse projects has recently come to the attention of the State Attorney General' s Office ( AG). The office has recently published a very helpful guide, updated in 2022, called " Warehouse Projects: Best Practices and Mitigation Measures to Comply with the California Environmental Quality Act" ( Attachment C) and has become actively involved in commenting on projects and negotiating with local agencies to secure additional needed mitigation. The Sierra Club appreciates the AG' s actions and has worked to support their advocacy in several cities.

For example, earlier this year the Sierra Club initiated litigation and negotiated a settlement agreement with the City of Fontana. The AG also negotiated a memorandum of agreement in Fontana to resolve air quality and other issues for a large warehouse project located adjacent to a high school ( see https:// oag. ca. gov/ news/ press- releases/ attorney- general- bonta- announcesinnovative- settlement- city-fontana- address).

Additional Mitigation Measures Approved by Stockton City Council Most recently, the AG and the Sierra Club engaged in extensive negotiations with the City of Stockton over the proposed Mariposa warehouse project. Significantly, the City of Stockton and the applicant ( Greenlaw Partners LLC/ Grupe) have agreed to incorporate several additional air quality and greenhouse gas emission mitigation measures which were added to the approved final environmental impact report and mitigation monitoring program.

On December 6, 2022 the Stockton City Council approved the project along with the Sierra Club settlement agreement ( Attachment A) and the AG' s memorandum of agreement ( Attachment C).

The memorandum of agreement with the AG commits the City to consider adoption of a ordinance by the end of 2023 which would apply these measures to all approved industrial projects over 100, 000 square feet.

The additional measures require, among other details, that:

The City will draft and consider a comprehensive Warehouse Sustainability Ordinance for future projects that establishes development standards for the construction of industrial warehousing and distribution facilities that exceed 100, 000 square feet before December 31, 2023.

The project shall include sufficient solar panels to provide power for the operation' s base power use at the start of operations and as base power use demand increases.

The project shall adopt standards to provide 100% electrification under the clean fleet requirements The property owner/ tenant/ lessee shall ensure that all heavy- duty trucks Class 7 and 8) domiciled on the project site are model year 2014 or later from start of operations and shall expedite a transition to zero -emission vehicles, with the fleet fully zero -emission by December 31, 2025 or when commercially available for the intended application, whichever date is later.
2 422
The property owner/tenant/ lessee shall utilize a " clean fleet" of vehicles/ delivery vans/trucks ( Class 2 through 6) as part of business operations The Operator shall submit a condition of approval compliance report within30 days of, but not later than, the following dates: December 31, 2023, December 31, 2025, and December 31, 2027. The report shall outline clean fleet requirements applicable at each report interval and include documentation demonstrating compliance with each requirement.

At all times during project operation, owners, operators or tenants shall be required to provide electric charging facilities on the project site sufficient to charge all electric trucks domiciled on the site and such facilities shall be made available for all electric trucks that use the project site.

The Applicant will provide $ 200, 000 to a non- profit organization serving disadvantaged residents of San Joaquin County approved by the City' s Community Development Director, to fund a program to reduce exposure to emissions and noise from vehicle and truck traffic and industrial operations, for residents located within the project vicinity. The program may fund or reimburse home air filtration systems, HVAC modifications, window replacements, weather stripping, or similar improvements; publicly available electric vehicle charging station( s); and/ or air quality monitoring censors with publicly available real time data.

As part of this appeal, we are requesting that the City of Lathrop approve similar measures for the Crossroad and other warehouse projects. We also request that the City of Lathrop consider adopting an ordinance to set a comprehensive set of mitigation measures for the approval of all future warehouse projects in the city. We are making similar requests in comment letters on pending warehouse projects in the cities of Tracy and Manteca, and in unincorporated San Joaquin County.

If enacted by all jurisdictions in San Joaquin County, a standard set of air quality and greenhouse gas emission standards will create a level playing field for all warehouse developers and protect the health of San Joaquin County residents and lessen the impacts of climate change.

Appeal
The Sierra Club has legal standing to appeal and challenge the Planning Commission' s approval of the Crossroads Industrial Project. Representatives of our organization submitted a timely comment letter prior to the Planning Commission hearing, and attended the hearing in person and testified.

In our letter of November 30 (Attachment D) and at the hearing, our members urged the Commission not to approve the Initial Study/ Mitigated Negative Declaration and not to approve the project. Our letter and testimony stated that a complete environmental impact report must be prepared to more fully analyze the energy needs and air quality impacts associated with the proposed project. 423
Our representatives noted that additional practical mitigation measures to reduce impacts related to air quality, greenhouse gas, and other impacts have recently been considered by other agencies and recommended by the State Attorney General' s Office and should be required for this large warehouse project.

Members of the Lathrop Planning Commission rejected these arguments and stated that additional measures had not been formally approved by other cities in the county and that Lathrop would not require additional measures until other jurisdictions had acted.

The Initial Study/ Mitigated Negative Declaration is Deficient under the California Environmental Quality Act
As we noted in our letter to the Planning Commission, the Initial Study/ Mitigated Negative Declaration ( IS/ MND) is inadequate in terms of its analysis and mitigation for air quality, greenhouse gas emissions, and transportation impacts. An environmental impact report ( EIR) must be prepared to more fully analyze the impacts associated with the proposed project.

Incredibly, the air quality analysis in the IS/ MND finds that all potential impacts are " less than significant." The analysis relies solely on questionable and undocumented calculations under the San Joaquin Valley Air Pollution Control District significance thresholds. The air quality analysis fails to even mention the AG' s detailed Best Practices publication and fails to require any of the several dozen mitigation measure that the AG recommends be applied to warehouse projects over 100, 000 square feet in size.

As we noted in our letter of November 30 to the Planning Commission, warehouses over 100, 000 can generate significant truck trips ( approximately 10, 638 miles daily is the estimate) that negatively impact air quality. Our region is classified as non -attainment and issues relating to PM2. 5 exist which must be mitigated. The air quality modelling that was performed was for gasoline engine and the land use specified as a refrigerated warehouse. Refrigerated warehouses require refrigerated diesel trucks for transport. While the hazards of diesel were discussed, the air quality impacts associated with diesel trucks were not considered. The large size of the parking lot suggests that there will be the possibility of overnight truck parking which must be mitigated by having electric plug ins so that the diesel engines do not run continuously emitting the hazardous emissions referenced in the initial study. The reasoning for trip distances used in the modelling must be explained and trip numbers must be supported with a traffic study. Emissions related to transport refrigeration units ( TRUs) associated with the potential high -cube cold storage facility cannot be ignored and these emissions must be mitigated.

The IS/ MND fails to include a Health Risk Assessment ( HRA). The analysis ignores key Lathrop General Plan polices that require such an assessment when residences within 1, 000 feet are affected by warehouse development. The IS/ MND notes that the nearest residence is 650 feet from the project site. General Plan Policy LU- 5. 5 states: " Ensure that industrial development projects, including warehouse, distribution, logistics, and fulfillment projects, mitigate adverse impacts 4 424
including health risks and nuisances) to nearby residential land uses and other existing and planned sensitive receptors."
Implementation Action LU- 5. c requires:

When industrial projects, including warehouse projects, fulfillment centers, and other projects that may generate high volumes of truck trips and/ or air quality emissions are proposed within 1, 000 feet of existing or planned residential uses or other sensitive receptors, the City shall require the preparation of a Health Risk Assessment ( HRA) that meets the standards established by the Office of Environmental Health Hazard Assessment OEHHA), and the San Joaquin Valley Air Pollution Control District ( SJVAPCD). Projects shall not be approved until it can be demonstrated that the project would not result in an exceedance of the established thresholds of significance for public health risks at nearby sensitive receptors."
Implementation Action LU- 5. d further requires:

The appropriate BMPs shall be established on a case -by -case basis, and should consider the following tools, methods, and approaches:"
The analysis in the IS/ MND is inconsistent with these and other General Plan policies.

A " Fair Argument" Has Been Raised about the Inadequate Analysis of Air Quality, Greenhouse Gas, and Health Impacts of the Project and an EIR Must be Prepared The California Environmental Quality Act ( CEQA) establishes a " low threshold" for initial preparation of an environmental impact report ( EIR), especially in the face of conflicting assertions concerning the possible effects of a proposed project. Pocket Protectors 124 Cal. AppAth at 928. CEQA provides that a lead agency may issue a negative declaration and avoid preparing an EIR only if t]here is no substantial evidence, in light of the whole record before the lead agency, that the Project may have a significant effect on the environment." Pub. Resources Code § 21080( c)( 1) emphasis added). A lead agency may adopt a mitigated negative declaration only when all potentially significant impacts of a project will be avoided or reduced to insignificance. Id. § 21080( c)( 2); Guidelines § 15070( b). A mitigated negative declaration will also be set aside if the proponent' s conclusions are not based on substantial evidence in the record. See Sundstrom v.

County of Mendocino ( 1988) 202 Cal.App. 3d 296, 311.

An initial study must provide the factual basis, with analysis included, for making the determination that no significant impact will result from the project. Guidelines § 15063( d)( 3). In making this determination, the agency must consider the direct and indirect impacts of the project as a whole 425
Guidelines § 15064( d)), as well as the project' s cumulative impacts ( see City of Antioch v. City Council of Pittsburg ( 1986) 187 Cal.App.3d 1325, 1332- 33).

An agency must prepare an EIR whenever it is presented with a " fair argument" that a project may have a significant effect on the environment, even if there is also substantial evidence to indicate that the impact is not significant. See No Oil, Inc. v. City of Los Angeles (1974) 13 Cal. 3d 68, 75; see also Friends of B Street v. City of Hayward ( 1980) 106 Cal. App. 3d 988; Guidelines § 15064( f)( 1). Where there are conflicting opinions regarding the significance of an impact, the agency must treat the impact as significant and prepare an EIR. Stanislaus Audubon Society v. County of Stanislaus 1995) 33 Cal.AppAth 144, 150- 51; Guidelines § 15064( f)( 1).

Here, the City must prepare an EIR because, as set forth below, there is a fair argument that the project will cause significant impacts related to air quality, greenhouse gases and health risk. A revised environmental document must include a detailed and thorough analysis, fully disclosing with data, the project' s likely impacts t so that informed decisions about the project can be made, and identify effective mitigation measures and alternatives that could reduce these impacts.

Conclusion
The City of Lathrop, along with the other jurisdictions in San Joaquin County must to address the very serious health, air pollution, and energy impacts of the rapidly growing distribution warehouse development in our communities. Applicants must do all that is possible to minimize the very real environmental impacts that warehouse development projects pose.

We are available to meet with your staff and applicants at any time to further discuss the programs that may be implemented to achieve our mutual goals.

Sincerely,
s/ s Margo Praus, Chair
Delta -Sierra Group, Sierra Club
cc: Scott Lichtig, California Attorney General' s Office Stanley Armstrong, California Air Resources Board
Patia Siong and Harout Sagherian, San Joaquin Valley Air Pollution Control District
Heather Minner and Winter King, Shute, Mihaly, Weinberger Harrison Beck, Sierra Club Environmental Law Program
Attachment A: Sierra Club Settlement Agreement with City of Stockton Attachment B: Attorney General' s report " Warehouse Projects: Best Practices and Mitigation Measures to Comply with the California Environmental Quality Act" Attachment C: Attorney General' s Memorandum of Agreement with City of Stockton Attachment D: Sierra Club letter of November 30 to Lathrop Planning Commission M.
426

ATTACHMENT A

SIERRA CLUB SETLLEMENT AGREEMENT
427
EXHIBIT 1 - Settlement Agreement

SETTLEMENT AGREEMENT AND RELEASE
This Settlement Agreement and Release of All Claims (" Agreement") is entered into by and between the Sierra Club, a California nonprofit public benefit association, the City ofStockton City"), a municipal services corporation, and Greenlaw Development, LLC, a California limited liability company (" Developer"), ( collectively referred to as " Parties" or singularly " Party"), to terminate fully and finally all disputes concerning the matters set forth below.

RECITALS
WHEREAS, Developer, proposes to develop an approximately 203- acre site in the South Stockton area commonly known as the Mariposa Industrial Park for light industrial land uses ( the Project"). The conceptual site plan proposes construction and operation of 3, 616, 870 square feet of warehouse and ancillary office uses, approximately 1, 831 auto parking spaces, 1, 107 truck and trailer parking spaces, and related infrastructure. Developer has applied to the City for the following project approvals: ( 1) adoption of a Resolution certifying the Mariposa Industrial Park Environmental Impact Report ( SCH # 2020120283) (" EIR"), including a Statement of Overriding Considerations, and adoption of a Mitigation Monitoring and Reporting Program MMRP"); and ( 2) adoption of an Ordinance for the Pre -zoning of APNs 179- 220- 10; - 11; - 12; 13; - 16; - 17; - 18-; 19; and - 24 ( the " Property") to Industrial, Limited ( IL); and ( 3) adoption an Ordinance for a Development Agreement; and ( 4) adoption of a Resolution authorizing the filing of an annexation application with the San Joaquin Local Agency Formation Commission collectively the " Project Approvals"); and
WHEREAS, The Sierra Club and the California Attorney General submitted comments on the EIR requesting that additional air quality and other mitigation measures be included in the EIR and MMRP for the Project and that a fund to mitigate impacts on affected residents be created; and
WHEREAS, the Parties wish to resolve fully and finally all disputes which may exist between the Parties concerning the Project Approvals.

NOW, THEREFORE, based upon the foregoing recitals and the terms, conditions, covenants, and agreements contained above and incorporated in full below, the Parties agree as follows:

AGREEMENT
For good and valuable consideration, the receipt ofwhich is acknowledged by each Party hereto, the Parties promise and agree as follows:

Ifthe City approves the Project, and (i) the certified EIR and adopted MMRP include all of the Mitigation Measures in the attached Mariposa Industrial Project Enhanced Measures, and ( ii) the authorized Development Agreement includes all of the revised terms in the attached Mariposa Industrial Project Enhanced Measures, then ( iii) neither the Sierra Club nor any of its affiliates will file any complaints, claims, grievances, special proceedings or any other actions against the City or Developer with any state, 428
EXHIBIT 1 - Settlement Agreement
federal, or local agency or court challenging the Project Approvals or the proposed annexation of the Project site to the City of Stockton. If an affiliate of the Sierra Club is determined to have made a challenge to the Project Approvals or the proposed annexation of the Project site to the City of Stockton in violation of this Section 1, such violation shall constitute a breach of this Agreement by the Sierra Club.

2. The City will draft and consider a comprehensive Warehouse Sustainability Ordinance for future projects that establishes development standards for the construction of industrial warehousing and distribution facilities that exceed 100, 000 square feet subject to periodic review for consistency with current regulatory agency recommendations before December 31, 2023. The City may incorporate the addition of warehouse sustainability requirements through its current Development Code revision/ update process, provided that the ordinance is considered before December 31, 2023. City staff shall recommend adoption of the ordinance.

3. The City agrees that the Mitigation Measures in the attached Mariposa Industrial Project Enhanced Measures are designed to mitigate potentially significant environmental impacts of warehouse projects. If, prior to adopting the Warehouse Sustainability Ordinance, the City considers approving a project that proposes to develop industrial warehousing or distribution facilities that exceed 100,000 square feet, the City shall include all such applicable measures from the Mariposa Industrial Project Enhanced Measures in any Environmental Impact Report or Mitigated Negative Declaration for the project and consider requiring the project to comply with them.

4. Developer agrees to comply with the attached Mariposa Industrial Project Enhanced Measures and will comply with all applicable City building code requirements.

5. If the City approves the Project, the City will coordinate with the County of San Joaquin to develop and install signage prohibiting non -emergency vehicle access to the project site from Clark Drive or Marfargoa Road. Developer will be responsible for the costs of signage determined to be appropriate by the City and the County.

6. Developer shall pay Sierra Club $ 34, 350 as reimbursement for Sierra Club' s attorney' s fees and costs incurred in the administrative phase of the Project Approvals. Payment shall be made to the Shute, Mihaly & Weinberger LLP trust account. Developer shall make this payment within ten ( 10) days of the expiration of the statute of limitations set forth in Section 21167 of the Public Resources Code on actions or proceedings to attack, review, set aside, void, or annul the City of Stockton' s determination of CEQA compliance for the Project Approvals, provided that no such action or proceeding has been initiated by the Sierra Club or its affiliates.

7. This Agreement shall be effective and binding upon the Parties only after the execution of both ( 1) this Agreement by all parties, and ( 2) the execution of a Memorandum of Understanding between the California Attorney General and the City relating to the City considering an ordinance to establish development standards for industrial warehouse land uses.
2 429
EXHIBIT 1 - Settlement Agreement
Miscellaneous.
a. Exclusive Remedies. The Parties' sole and exclusive remedy for breach of this Agreement shall be an action for specific performance or injunction. In no event shall any Party be entitled to monetary damages for breach of this Agreement. In addition, no legal action for specific performance or injunction shall be brought or maintained until: ( a) the non -breaching Party provides written notice to the breaching Party which explains with particularity the nature ofthe claimed breach, and (b) within thirty (30) days after receipt of said notice, the breaching Party fails to cure the claimed breach or, in the case of a claimed breach which cannot be reasonably remedied within a thirty (30) day period, the breaching Party fails to commence to cure the claimed breach within such thirty ( 30) day period, and thereafter diligently complete the activities reasonably necessary to remedy the claimed breach.
b. All notices and other communications required to be provided pursuant to this Agreement shall be by electronic mail and by first class mail to the following persons at the following addresses:

SIERRA CLUB:

Margo Praus
Delta -Sierra Group
P. O. Box 9258
Stockton, CA 95208
margopraus@msn. com
with copy to:

Sierra Club
Aaron Isherwood, Coordinating Attorney
2101 Webster St., Suite 1300
Oakland, CA 94612
aaron. isherwood@sierraclub. org
with copy to:

Shute, Mihaly & Weinberger LLP
Heather Minner
396 Hayes Street
San Francisco, CA 94102
minner@smwlaw. com
430
EXHIBIT 1 - Settlement Agreement
GREENLAW DEVELOPMENT, LLC:

Greenlaw Partners
18301 Von Karmen Avenue, Suite 250
Irvine, CA 92612
Attn: Rob Mitchell
Email: rob@greenlawpartners. com
with copy to:

Cochran Law Group
18301 Von Karman Avenue, Suite 270
Irvine, California 92612
Attn: Thia Cochran
Email: [email protected]
with copy to:

Law Office of Daniel P. Doporto
Daniel P. Doporto
3478 Buskirk Avenue, Suite 1000
Pleasant Hill, CA 94523
Email: ddoporto@doportolaw. com
CITY OF STOCKTON:

City Attorney' s Office
425 N. El Dorado Street
Stockton, CA 95202
[email protected]
with copy to:

City Manager' s Office
425 N. El Dorado Street
Stockton, CA 95202
City.manager@stocktonca. gov
Binding on Successors. The terms, covenants, and conditions of this Agreement shall be binding upon and shall inure to the benefit ofthe heirs, executors, administrators, successors and assignees of the respective Parties.

Developer shall record a copy ofthis Agreement against the Property. Developer will provide a copy of the recorded Agreement to Sierra Club within fifteen ( 15) days of such recording. The Parties shall give notice to all other Parties of any successor or assignee to the Party.
0 431
EXHIBIT 1 - Settlement Agreement
d. Non -Admission of Liability. The Parties acknowledge and agree that this Agreement is a settlement of disputed claims. Neither the fact that the Parties have settled nor the terms of this Agreement shall be construed in any manner as an admission of any liability by any Party.
e. Assistance of Counsel. The Parties each specifically represent that they have consulted to their satisfaction with and received independent advice from their respective counsel prior to executing this Agreement concerning the terms and conditions of this Agreement.
f. Waiver. Failure to insist on compliance with any term, covenant or condition contained in this Agreement shall not be deemed a waiver of that term, covenant or condition, nor shall any waiver or relinquishment of any right or power contained in this Agreement at any one time or more times be deemed a waiver or relinquishment of any right or power at any other time or times. g. Severability. Should any portion, word, clause, phrase, sentence or paragraph of this Agreement be declared void or unenforceable, such portion shall be considered independent and severable from the remainder, the validity ofwhich shall remain unaffected.
h. Governing Law and Venue. This Agreement is made and entered into in the State of California, and shall in all respects be interpreted, enforced and governed under the laws of said State without giving effect to conflicts of laws principles. Any action to enforce, invalidate, or interpret any provision of this Agreement shall be brought in San Joaquin County Superior Court.
i. Entire Agreement. This Agreement constitutes the entire agreement between the Parties who have executed it and supersedes any and all other agreements, understandings, negotiations, or discussions, either oral or in writing, express or implied between the Parties to this Agreement. No representation, inducement, promise, agreement or warranty not contained in this Agreement, including, but not limited to, any purported supplements, modifications, waivers, or terminations of this Agreement shall be valid or binding, unless executed in writing by all of the Parties to this Agreement.
j. Each of the signatories hereto represents and warrants that he or she is competent and authorized to enter into this Agreement on behalf ofthe Party for whom he or she purports to sign.
k. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original but all of which shall constitute on agreement.

SIGNATURES COMMENCE ON FOLLOWING PAGE]
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IN WITNESS W HEREOF, the undersigned execute this Settiernent gg it and Release. and hereby' agree to all tennis and condition herein, Oil the dates set [ ligl iow,- Settlement Agreement

SIERRA CLUB
Name:

Its:

Date: r
GRF ENLAW DEVE1, Q K NT, Llk
By
Name;
Its: Y-`
Date:

CITY OF STOCKTON
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Name:

Its.

Date:

APPROVED AS TO FORM
By:

Name:

City Attorney
Date:

Attachment ( 1): Mariposa Industrial Project Enhanced Measures 1595908 7
433
EXHIBIT 1 - Settlement Agreement

MARIPOSA INDUSTRIAL PROJECT

ENHANCED MEASURES
The Final EIR Mitigation Measures will be revised to include the following:

AMM AIR- 1: Solar Power: Owners, operators or tenants shall include with the building permit application, sufficient solar panels to provide power for the operation' s base power use at the start of operations and as base power use demand increases. Project sponsor shall include analysis of (a) projected power requirements at the start of operations and as base power demand increases corresponding to the implementation of the " clean fleet" requirements, and ( b) generating capacity of the solar installation.

AMM AIR - 1 ( continued): CDD shall verify the size and scope of the solar project based upon the analysis of the projected power requirements and generating capacity as well as the available solar panel installation space. The photovoltaic system shall include a battery storage system to serve the facility in the event of a power outage to the extent required by the 2022 or later California Building Standards Code.

AMM AIR - 1 ( continued): In the event sufficient space is not available on the subject lot to accommodate the needed number of solar panels to produce the operation' s base or anticipated power use, the applicant shall demonstrate how all available space has been maximized ( e. g., roof, parking areas, etc.). Areas which provide truck movement may be excluded from these calculations unless otherwise deemed acceptable by the supplied reports.

AMM AIR - 1 ( continued): The developer or tenant, or qualified solar provider engaged by the developer or tenant shall timely order all equipment and shall install the system when the City has approved building permits and the necessary equipment has arrived. The developer or tenant shall commence operation of the system when it has received permission to operate from the utility. The photovoltaic system owner shall be responsible for maintaining the system( s) at not less than 80% of the rated power for 20 years. At the end of the 20- year period, the building owner shall install a new photovoltaic system meeting the capacity and operational requirements of this measure, or continue to maintain the existing system, for the life of the project. 434
EXHIBIT 1 - Settlement Agreement

MARIPOSA INDUSTRIAL PROJECT

ENHANCED MEASURES
EMM AIR- 1: Prior to the issuance of the first building permit, the applicant/ developer shall demonstrate compliance with the SJVAPCD Rule 9510 ( Indirect Source Review) to reduce growth in both NOx and PM10 emissions, as required by SJVAPCD and City requirements.

AMM AIR- 1: Architectural Coatings: Construction plans shall require that architectural and industrial maintenance coatings ( e. g., paints) applied on the project site shall be consistent with a VOC content of <10 g/ L. Developer or tenant is not expected to exercise control over materials painted offsite by a third party.

AMM AIR- 3: Construction Worker Trip Reduction: Project construction plans and specifications will require contractor to provide transit and ridesharing information for construction workers.

AMM AIR- 2: SJVAPCD Regulation VIII Compliance: Construction plans and specifications shall include a Dust Control Plan incorporating the applicable requirements of Regulation VIII, which shall be submitted to the SJVAPCD for review and approval prior to beginning construction in accordance with the requirements of Regulation VIII.

AMM AIR - 2: Emission Standards for Heavy -Duty Trucks: The following mitigation measures shall be implemented during all on -going business operations and shall be included as part of contractual lease agreement language to ensure the tenants/ lessees are informed of all on -going operational responsibilities.

The property owner/ tenant/ lessee shall ensure that all heavy- duty trucks ( Class 7 and 8) domiciled on the project site are model year 2014 or later from start of operations and shall expedite a transition to zero -emission vehicles, with the fleet fully zero -emission by December 31, 2025 or when commercially available for the intended application, whichever date is later.

A zero -emission vehicle shall ordinarily be considered commercially available if the vehicle is capable of serving the intended purpose and is included in California' s Hybrid and Zero -Emission Truck and Bus Voucher Incentive Project, https:// californiahvip. org/ or listed as available in the US on the Global Commercial Vehicle Drive to Zero inventory, 435
EXHIBIT 1 - Settlement Agreement

MARIPOSA INDUSTRIAL PROJECT

ENHANCED MEASURES
https:Hglobaldrivetozero.org/. The City shall be responsible for the final determination of commercial availability, based on all the facts and circumstances at the time the determination is made, and may ( but is not required to) consult with the California Air Resources Board before making such final determination. In order for the City to make a determination that such vehicles are commercially unavailable, the operator must submit documentation from a minimum of three (3) EV dealers identified on the californiahvip.org website demonstrating the inability to obtain the required EVs or equipment needed within 6 months.

Domiciled at the project site shall mean the vehicle is either (i) parked or kept overnight at the project site more than 70% of the calendar year or (ii) dedicated to the project site ( defined as more than 70% of the truck routes during the calendar year) that start at the project site even if parked or kept elsewhere) Zero -emission heavy- duty trucks which require service can be temporarily replaced with model year 2014 or later trucks. Replacement trucks shall be used for only the minimum time required for servicing fleet trucks.

AMM AIR- 3: Zero Emission Vehicles: The property owner/ tenant/ lessee shall utilize a " clean fleet" of vehicles/ delivery vans/ trucks (Class 2 through 6) as part of business operations as follows: For any vehicle (Class 2 through 6) domiciled at the project site, the following " clean fleet" requirements apply: ( i) 33% of the fleet will be zero emission vehicles at start of operations, ( ii) 65% of the fleet will be zero emission vehicles by December 31, 2023, iii) 80% of the fleet will be zero emission vehicles by December 31, 2025, and ( iv) 100% of thefleet will be zero emission vehicles by December 31, 2027.

Domiciled at the project site" shall mean the vehicle is either ( i) parked or kept overnight at the project site more than 70% of the calendar year or (ii) dedicated to the project site (defined as more than 70% of the truck routes ( during the calendar year) that start at the project site even if parked or kept elsewhere).

Zero -emission vehicles which require service can be temporarily replaced with alternate vehicles. Replacement vehicles shall be used for only the minimum time required for servicing fleet vehicles.

The property owner/ tenant/ lessee shall not be responsible to meet " clean fleet" requirements for vehicles used by common carriers operating under their own authority that provide delivery services to or from the project site. 3 436
EXHIBIT 1 - Settlement Agreement

MARIPOSA INDUSTRIAL PROJECT

ENHANCED MEASURES
AMM AIR- 4: Demonstrate Compliance with Clean Fleet Requirements: The applicant, property owner, tenant, lessee, or other party operating the facility ( the " Operator") shall utilize the zero emission vehicles/ trucks required to meet the " clean fleet" requirements in AMM AIR- 2 ( for Class 7 and 8 vehicles) and AMM AIR- 3 ( for Class 2 through 6 vehicles) above. Within 30- days of occupancy, the Operator shall demonstrate to the satisfaction of CDD staff, that the applicable clean fleet requirements are being met.

AMM AIR- 4 ( continued): In the event that vehicles/ trucks are not commercially available for the intended application, the " clean fleet requirements" may be adjusted as minimally as possible by the CDD to accommodate the unavailability of commercially available vehicles/ trucks.

AMM AIR 4 ( continued) The City shall quantify the air pollution and GHG emissions resulting from any modification of this condition. Within 12 months of failing to meet a " clean fleet" requirement the property owner/ tenant/ lessee shall implement a Voluntary Emissions Reduction Agreement (VERA) providing pound for pound mitigation of the criteria pollutant, toxic air contaminants, and GHG emissions quantified by the City through a process that develops, funds, and implements emission reduction projects, with the Air District serving a role of administrator of the emission reduction projects and verifier of the successful mitigation effort. The VERA shall prioritize projects in the South Stockton and surrounding area. Property owner/ tenant/ lessee shall continue to fund the VERA each year in an amount necessary to achieve pound for pound mitigation of emissions resulting from not meeting the clean fleet requirements until the owner/ tenant/ lessee fully complies.

AMM AIR- 4 ( continued): The Operator shall implement the proposed measures after CDD review and approval. Any extension of time granted to implement this condition shall be limited to the shortest period of time necessary to allow for 100% electrification under the clean fleet requirements. The CDD staff may seek the recommendation of the California Air Resources Board in determining whether there has been a manufacturing disruption or insufficient vehicles/ trucks commercially available for the intended application.

AMM AIR- 4 ( continued): Construction Meal Destinations: Project construction plans and specifications will require the contractor to establish one or more locations for food or catering truck service to construction workers and to cooperate with food service providers to provide consistent food service. 4 437
EXHIBIT 1 - Settlement Agreement

MARIPOSA INDUSTRIAL PROJECT

ENHANCED MEASURES
AMM AIR- 5: Condition of Approved Compliance Report: The Operator shall submit a condition of approval compliance report within30 days of, but not later than, the following dates: December 31, 2023, December 31, 2025, and December 31, 2027. The report shall outline clean fleet requirements applicable at each report interval and include documentation demonstrating compliance with each requirement. The City shall consider each report at a noticed public hearing and determine whether the Operator has complied with the applicable clean fleet requirements. If the Operator has not met each 100% clean fleet requirement by December 31, 2027, then the Operator shall submit subsequent reports every year until the 100% clean fleet requirement is implemented. The City shall consider each subsequent report at a noticed public hearing and determinewhether the Operator has complied with the clean fleet requirements, including any minimal adjustments to the requirements by the CDD to accommodate the manufacturing disruption or unavailability of commercially available vehicles/ trucks, as described in the previous paragraph. Notice of the above hearings shall be provided to all properties located within 1, 000 feet of the project site and through the ASK Stockton list serve.

AMM AIR- 5 ( continued): After the 100% clean fleet requirement has been implemented and confirmed by the CDD, the Operator shall submit to the CDD an on -going compliance report every three years containing all necessary documentation to verify that the Operator is meeting the clean fleet requirements. At the time it confirms that the 100% clean fleet requirement has been implemented, the CDD will establish the due date for the first ongoing compliance report. Each subsequent on -going compliance report shall be due within 30 days of, but not later than, the three-year anniversary of the preceding due date. The on -going compliance reports and accompanying documentation shall be made available to the public upon request.

AMM AIR- 6: Zero Emission Forklifts, Yard trucks and Yard Equipment: Owners, operators or tenants shall require all forklifts, yard trucks, and other equipment used for on -site movement of trucks, trailers and warehoused goods, as well as landscaping maintenance equipment used on the site, to be electrically powered or zero -emission. The owner, operator or tenant shall provide on -site electrical charging facilities to adequately service electric vehicles and equipment
AMM AIR- 7: Truck Idling Restrictions: Owners, operators or tenants shall be required to make their best effort to restrict truck idling onsite to a maximum of three minutes, subject to exceptions defined by CARB in the document:
commercial vehicle idling requirements July 2016. Idling restrictions shall be enforced by highly -visible posting at the 5 438
EXHIBIT 1 - Settlement Agreement

MARIPOSA INDUSTRIAL PROJECT

ENHANCED MEASURES
site entry, posting at other on -site locations frequented by truck drivers, conspicuous inclusion in employee training and guidance material and owner, operator or tenant direct action as required.

AMM AIR- 8: Electric Truck Charging: At all times during project operation, owners, operators or tenants shall be required to provide electric charging facilities on the project site sufficient to charge all electric trucks domiciled on the site and such facilities shall be made available for all electric trucks that use the project site.

AMM AIR- 9: Project Operations, Food Service: Owners, operators or tenants shall establish locations for food or catering truck service and cooperate with food service providers to provide consistent food service to operations employees.

AMM AIR- 10: Project Operations, Employee Trip Reduction: Owners, operators or tenants shall provide employees transit route and schedule information on systems serving the project area and coordinate ridesharing amongst employees.

AMM AIR- 11: Yard Sweeping: Owners, operators or tenants shall provide periodic yard and parking area sweeping to minimize dust generation
AMM AIR- 12: Diesel Generators: Owners, operators or tenants shall prohibit the use of diesel generators, except in emergency situations, in which case such generators shall have Best Available Control Technology (BACT) that meets CARB' s Tier 4 emission standards.

AMM AIR- 13: Truck Emission Control: Owners, operators or tenants shall ensure that trucks or truck fleets domiciled at the project site be model year 2014 or later, and maintained consistent with current CARB emission control regulations.

AMM AIR- 14: All tenant lease agreements for the project site shall include a provision requiring the tenant/ lessee to comply with all applicable requirements of the MMRP, a copy of which shall be attached to each tenant/ lease agreement.

AMM AIR- 14 ( continued): SmartWay: Owners, operators or tenants shall enroll and participate the in SmartWay program for eligible businesses
AMM AIR- 15: Designated Smoking Areas: Owners, operators or tenants shall ensure that any outdoor areas allowing smoking are at least 25 feet from the nearest property line.

AMM AIR 16: Project construction shall be subject to all adopted City building codes, including the adopted Green Building Standards Code, version July 2022 or later. Prior to the issuance of building permits, the applicant/ developer 439
EXHIBIT 1 - Settlement Agreement

MARIPOSA INDUSTRIAL PROJECT

ENHANCED MEASURES
shall demonstrate ( e.g., provide building plans) that the proposed buildings are designed and will be built to, at a minimum, meet the Nonresidential Voluntary Measures of the California Green Building Standards code, Divisions A5. 1,

5. 2 and 5. 5, including but not limited to the Tier 2 standards in those Divisions, where applicable, such as the Tier 2 advanced energy efficiency requirements as outlined under Section A5. 203. 1. 2.

EMM AG- 1: The project shall participate in and comply with the City' s Agricultural Lands Mitigation Program, under which developers of the property shall contribute agricultural mitigation land or shall pay the Agricultural Land Mitigation Fee to the City.

The City and Applicant will revise the proposed Development Agreement to provide the following:

In the DA text and in Exhibit B, to clarify that cold storage facilities are prohibited on the site and transport refrigeration units ( TRUs) may not enter the site. In the DA text provide that any future proposal to construct cold storage facilities on the site or to allow TRUs to enter the site would require an amendment to the Development Agreement that shall be deemed and processed as a Major Modification to the Development Agreement, an application to the City for a conditional use permit, and be subject to review under the California Environmental Quality Act and Stockton Municipal Code Chapter 16. 168.

Section 8. 3 of the DA will be revised as follows:

8. 3 Mitigation Measures. Developer agrees to and shall comply with all applicable mitigation measures attached hereto as Exhibit C and with all applicable mitigation measures in the MIP EIR, as described in the Mitigation Monitoring/Reporting Program approved by the City on , 2023. Developer shall include in all tenant lease agreements for the project site a provision requiring the tenant/ lessee to comply with all applicable requirements of the measures in this Section 8. 3, a copy of which shall be attached to each to each tenant/ lease agreement.

Section 10. 1 of the DA will be revised as follows:

10. 1 Annual Review. As required by California Government Code Section 65865. 1 and pursuant to Section

16. 128. 110 of the Development Agreement Ordinance, the City of Stockton Planning Commission shall review 440
EXHIBIT 1 - Settlement Agreement

MARIPOSA INDUSTRIAL PROJECT

ENHANCED MEASURES
this Agreement and all actions taken pursuant to the terms of this Agreement with respect to the development of the Project every twelve ( 12) months at a duly -noticed public hearing to determine good faith compliance with this Agreement (" Annual Review"). Specifically, the Annual Review shall be conducted for the purposes of determining good faith compliance with the terms and/or conditions ofthis Agreement, including compliance with the mitigation measures in Section 8. 3 of this Agreement. Each Annual Review shall also document the status of Project development. In the event the Planning Commission recommends modification or termination of this Agreement in connection with such Annual Review, the action to effectuate such modification or termination must be taken by City Council.

In the DA text, to require the City to coordinate with the County to develop and install signage prohibiting non - emergency vehicle access to the project site from Clark Drive or Marfargoa Road. The Applicant will be responsible for the costs of the signage determined to be appropriate by the City and the County.

In the text, to require the following:

Construction plans shall include a 10- foot by 65- foot landscaped berm along the 623- lineal foot and 493- lineal foot portions of the west line of the site, located north and south of Marfargoa Road, which will be required by and shown on Exhibit B to the Development Agreement. Landscaping of the berm shall include fast-growing evergreen trees to provide maximum visual screening, as determined by a qualified landscape architect. Construction plans shall also include a 10- foot wall along the 881- lineal foot and 1, 316- lineal foot portions of the west line of the site, located north and south of Clark Drive, which will be required by and shown on Exhibit B to the Development Agreement.

Construction plans shall also identify a 60- foot " no truck" zone along the entire length of the west line of the site, which will be required by and shown on Exhibit B to the Development Agreement. Construction plans shall also identify and prohibit building construction within a setback area located a minimum of 300 feet from the property line of residential properties along Marfargoa Road and Clark Drive. Notwithstanding the foregoing, the stairwells of ancillary/ accessory buildings may encroach into the 300- foot setback area.

In the text, to provide that, prior to the issuance of a grading permit, the Applicant will provide $ 200, 000 to a non- profit organization serving disadvantaged residents of San Joaquin County approved by the City' s Community Development Director, to fund a program to reduce exposure to emissions and noise from vehicle and truck traffic and industrial operations, for residents located with within the geographic area bounded by Munford Avenue, Mariposa Road, Little John' s Creek and the SR99 Frontage Road. The program may fund or reimburse home air filtration systems, HVAC 0 441
EXHIBIT 1 - Settlement Agreement

MARIPOSA INDUSTRIAL PROJECT

ENHANCED MEASURES
modifications, window replacements, weather stripping, or similar improvements; publicly available electric vehicle charging station( s); and/ or air quality monitoring censors with publicly available real time data ( such as PurpleAir censors).
1584972. 4
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ATTACHMENT B

ATTORNEY GENERAL REPORT ON

WAREHOUSE BEST PRACTICES
443

ROB BONTA
d
State of California
Attorney General DEPARTMENT OF JUSTICE
Warehouse Projects: Best Practices and
Mitigation Measures to Comply with the
California Environmental Quality Act
444
Table of Contents
I. Background.......................................................................................................................... 1 II. Proactive Planning: General Plans, Local Ordinances, and Good Neighbor Policies ......... 3 III. Community Engagement..................................................................................................... 4 IV. Warehouse Siting and Design Considerations..................................................................... 5 V. Air Quality and Greenhouse Gas Emissions Analysis and Mitigation ................................ 7 VI. Noise Impacts Analysis and Mitigation............................................................................. 10 VII. Traffic Impacts Analysis and Mitigation........................................................................... 11 VIII. Other Significant Environmental Impacts Analysis and Mitigation .................................. 12 IX. Conclusion......................................................................................................................... 13 445
Updated September 2022
In carrying out its duty to enforce laws across California, the California Attorney General' s Bureau of Environmental Justice ( Bureau)' regularly reviews proposed warehouse projects for compliance with the California Environmental Quality Act (CEQA) and other laws.

When necessary, the Bureau submits comment letters to lead agencies regarding warehouse projects, and in rare cases the Bureau has filed litigation to enforce CEQA.2 This document builds upon the Bureau' s work on warehouse projects, collecting information gained from the Bureau' s review of hundreds of warehouse projects across the state. 3 It is meant to help lead agencies pursue CEQA compliance and promote environmentallyjust development as they confront warehouse project proposals. 4 While CEQA analysis is necessarily project -specific, this document provides information on feasible best practices and mitigation measures, nearly all of which have been adapted from actual warehouse projects in California.

I. Background
In recent years, the proliferation of e- commerce and rising consumer expectations of rapid shipping have contributed to a boom in warehouse development.' California, with its ports, population centers, and transportation network, has found itself at the center ofthis trend.

In 2020, the Ports of Los Angeles, Long Beach, and Oakland collectively accounted for over 34% of all United States international container trade. 6 The Ports of Los Angeles and Long Beach alone generate about 35, 000 container truck trips every day.' Accordingly, the South Coast Air Basin now contains approximately 3, 000 warehouses of over 100, 000 square feet each, with a total warehouse capacity of approximately 700 million square feet, an increase of 20 percent over the last five years. 8 This trend has only accelerated, with e- commerce growing to https:// oae.ca.gov/environment/justice.
2 https:// oag. ca.,Q ov/ environment/ cega; People ofthe State of California v. City ofFontana Super. Ct. San Bernardino County, No. CIVSB2121829); South Central Neighbors United et al. v. City ofFresno et al. (Super. Ct. Fresno County, No. 18CECG00690). 3 This September 2022 version revises and replaces the prior March 2021 version of this document.
4 Anyone reviewing this document to determine CEQA compliance responsibilities should consult their own attorney for legal advice.

As used in this document, " warehouse" or " logistics facility" is defined as a facility consisting of one or more buildings that stores cargo, goods, or products on a short- or long-term basis for later distribution to businesses and/ or retail customers. 6 Data from the Bureau of Transportation Statistics, Container TEUs ( Twenty -foot Equivalent Units) 2020), https: Hdata. bts. gov/ stories/ s/ Container- TEU/ x3fb- aeda/ ( Ports of Los Angeles, Long Beach, and Oakland combined for 14. 157 million TEUs, 34% of 41. 24 million TEUs total nationwide) ( last accessed September 18, 2022).

U.S. Dept. of Transportation, Federal Highway Administration, FHWA Operations Support Port Peak Pricing Program Evaluation ( 2020), available at littps:// ops. lbwa.dot. govipublications/ fbwahopO9O14/ sect2. htm (last accessed September 18, 2022).
8 South Coast Air Qual. Mgmt. Dist., Final Socioeconomic Assessment for Proposed Rule 2305 Warehouse Indirect Source Rule — Warehouse Actions and Investments to Reduce Emissions WAIRE) Program and Proposed Rule 316 — Fees for Rule 2305, at 7- 8, 41 ( May 2021). 446
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13% of all retail sales and 2021 being a second consecutive record year for new warehouse space leased. 9 The latest data and forecasts predict that the next wave of warehouse development will be in the Central Valley. 10
When done properly, these activities can contribute to the economy and consumer welfare. However, imprudent warehouse development can harm local communities and the environment. Among other pollutants, diesel trucks visiting warehouses emit nitrogen oxide NO,,) a primary precursor to smog formation and a significant factor in the development of respiratory problems like asthma, bronchitis, and lung irritation —and diesel particulate matter ( a subset of fine particular matter that is smaller than 2. 5 micrometers) -- a contributor to cancer, heart disease, respiratory illnesses, and premature death." Trucks and on -site loading activities can also be loud, bringing disruptive noise levels during 24/ 7 operation that can cause hearing damage after prolonged exposure. 12 The hundreds, and sometimes thousands, of daily truck and passenger car trips that warehouses generate contribute to traffic jams, deterioration of road surfaces, and traffic accidents.

These environmental impacts also tend to be concentrated in neighborhoods already suffering from disproportionate health impacts and systemic vulnerability. For example, a comprehensive study by the South Coast Air Quality Management District found that communities located near large warehouses scored far higher on California' s environmental justice screening tool, which measures overall pollution and demographic vulnerability. 13 That 9 U.S. Census Bureau News, Quarterly Retail E- Commerce Sales 4th Quarter 2021 ( February 22, 2022), httks:// w-v-,,,,v. census. g_ov/retailimrts/ Nvww/ data/ pdf`/ec culrent. pdf (last accessed September 18, 2022); CBRE Research, 2022 North America Industrial Big Box Report: Review and Outlook, at 2- 3 ( March 2022), available at https: Hwww. cbre. com/ insiglits/ reports/ 2022- north-america-industrial-big-box#download-report (last accessed September 18, 2022). 10 CBRE Research, supra note 9, at 4, 36; New York Times, Warehouses Are Headed to the Central Valley, Too ( Jul. 22, 2020), available at
https:// www. nytimes. com/ 2020/ 07/ 22/ us/ coronavirus- ca- warehouse- workers. html. 11 California Air Resources Board, Nitrogen Dioxide & Health, https.// Nvw2. arb.ca.gov/resources/nitrogen- dioxide-and- health (last accessed September 18, 2022) ( NOx); California Air Resources Board, Summary: Diesel Particular Matter Health Impacts, htlps:Hww2.arb. ca.gov/resources/ summary-diesel-particulate-matter-health-impacts last accessed September 18, 2022); Office of Environmental Health Hazard Assessment and American Lung Association of California, Health Effects of Diesel Exhaust, https:// oebha. ca.gov/ media/ downloads/ calciiviroscrecn/ indicators/ diesc] 4- 02. pdf (last accessed September 18, 2022) ( DPM).
12 Noise Sources and Their Effects,
https:// www. chem. purdue. edu/ chemsafety/ Training/ PPETrain/ dblevels. htm (last accessed September 18, 2022) ( a diesel truck moving 40 miles per hour, 50 feet away, produces 84 decibels of sound).
13 South Coast Air Quality Management District, " Final Socioeconomic Assessment for Proposed Rule 2305 — Warehouse Indirect Source Rule — Warehouse Actions and Investments to Reduce Emissions ( WAIRE) Program and Proposed Rule 316 — Fees for Rule 2305" ( May 2021), at 4- 5 .
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study concluded that, compared to the South Coast Air Basin averages, communities in the South Coast Air Basin near large warehouses had a substantially higher proportion of people of color; were exposed to more diesel particulate matter; had higher rates of asthma, cardiovascular disease, and low birth weights; and had higher poverty and unemployment rates. 14 Each area has its own unique history, but many ofthese impacts and vulnerabilities reflect historic redlining practices in these communities, which devalued land and concentrated poverty, racial outgroups, and pollution into designated areas."
II. Proactive Planning: General Plans, Local Ordinances, and Good Neighbor Policies To systematically guide warehouse development, we encourage local governing bodies to proactively plan for logistics projects in their jurisdictions. Proactive planning allows jurisdictions to prevent land use conflicts before they materialize and direct sustainable development. Benefits also include providing a predictable business environment, protecting residents from environmental harm, and setting consistent expectations jurisdiction -wide.

Proactive planning can take many forms. Land use designation and zoning decisions should channel development into appropriate areas. For example, establishing industrial districts near major highway and rail corridors but away from sensitive receptors 16 can help attract investment while avoiding conflicts between warehouse facilities and residential communities.

Transition zones with lighter industrial and commercial land uses may also help minimize conflicts between residential and industrial uses.

In addition, general plan policies, local ordinances, and good neighbor policies should set minimum standards for logistics projects. General plan policies can be incorporated into existing economic development, land use, circulation, or other related general plan elements. Many jurisdictions alternatively choose to consolidate policies in a separate environmental justice element. Adopting general plan policies to guide warehouse development may also help 14 Id. at 5- 7.
15 Beginning in the 1930s, federal housing policy directed investment away from Black, immigrant, and working-class communities by color -coding neighborhoods according to the purported " riskiness" of loaning to their residents. In California cities where such " redlining" maps were drawn, nearly all of the communities where warehouses are now concentrated were formerly coded " red," signifying the least desirable areas where investment was to be avoided.

See University ofRichmond Digital Scholarship Lab, Mapping Inequality, https:// dsi, richmond. edu/ panoran-ia/redlining/# loc- 12/ 33. 748/- 118. 272& city—los- an, eles- ca ( Los Angeles), https:// dsi. richinond. edu/ panorama/ redlininc/# loc= 13/ 32. 6851- 117. 132& city—sandiego- ca ( San Diego), https:// dsl.richmond.edu/ panorama/redlining/#loc= l 1/ 37. 81/- 122.38& cite=Oakland- ca (Oakland),
htqis:// dst. i-ichmond.edu/Tanorania/redlining/#`loc= l 3/ 37.956/- 121. 326& city=stocktarl- ca Stockton), https:// dsl.richinond.edu/Lanoraina/redliningi#loc- 12/ 36.751/- 119. 86& city=liesnoca ( Fresno) ( all last accessed September 18, 2022). 16 In this document, " sensitive receptors" refers to residences, schools, public recreation facilities, health care facilities, places ofworship, daycare facilities, community centers, or incarceration facilities.
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jurisdictions comply with their obligations under SB 1000, which requires local government general plans to identify objectives and policies to reduce health risks in disadvantaged communities, promote civil engagement in the public decision making process, and prioritize improvements and programs that address the needs of disadvantaged communities. 17 Local ordinances and good neighbor policies that set development standards for all warehouses in the jurisdiction are a critical and increasingly common tool that serve several goals. When well -designed, these ordinances direct investment to local improvements, provide predictability for developers, conserve government resources by streamlining project review processes, and reduce the environmental impacts ofindustrial development. While many jurisdictions have adopted warehouse - specific development standards, an ordinance in the City of Fontana provides an example to review and build upon. 18 Good neighbor policies in Riverside County and by the Western Riverside Council of Government include additional measures worth consideration. 19
The Bureau encourages jurisdictions to adopt their own local ordinances that combine the strongest policies from those models with measures discussed in the remainder of this document.

III. Community Engagement
Early and consistent community engagement is central to establishing good relationships between communities, lead agencies, and warehouse developers and tenants. Robust community engagement can give lead agencies access to community residents' on -the -ground knowledge and information about their concerns, build community support for projects, and develop creative solutions to ensure new logistics facilities are mutually beneficial. Examples of best practices for community engagement include:

Holding a series of community meetings at times and locations convenient to members of the affected community and incorporating suggestions into the project design.

Posting information in hard copy in public gathering spaces and on a website about the project. The information should include a complete, accurate project description, maps and drawings of the project design, and information about how the public can provide input and be involved in the project approval process. The 17 For more information about SB 1000, see https: Hoag. ca. gov/ environinent/ sb1000. 18 https:// oag.ca. gov/system/ files/attachments/ pressdoes/ Final% 20SignedO/O20Fontana°,i)20Ordinance.pdf (last accessed September 18, 2022). 19 For example, the Riverside County policy requires community benefits agreements and supplemental funding contributions toward additional pollution offsets, and the Western Riverside Council of Governments policy sets a minimum buffer zone of 300 meters between warehouses and sensitive receptors. https:// www. rivcocob. org,/wpcontent/uploads/2020/01/ Good-NeitThbor-Policv-F- 3- Final-Adopted.pdf (last accessed September 18, 2022) ( Riverside County);
http:/ hvww. wrcog. cog. ca. us/ DocumentCenter/ View/ 318/ Good- Neighbor- Gu idel ines- for- SitingWarehouse- Distributioli- Facilities- PDF? bild= (last accessed September 18, 2022) ( Western Riverside Council of Governments).
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information should be in a format that is easy to navigate and understand for members ofthe affected community.

Providing notice by mail to residents and schools within a certain radius of the project and along transportation corridors to be used by vehicles visiting the project, and by posting a prominent sign on the project site. The notice should include a brief project description and directions for accessing complete information about the project and for providing input on the project.

Providing translation or interpretation in residents' native language, where appropriate.

For public meetings broadcast online or otherwise held remotely, providing for access and public comment by telephone and supplying instructions for access and public comment with ample lead time prior to the meeting.

Partnering with local community - based organizations to solicit feedback, leverage local networks, co -host meetings, and build support.

Considering adoption of a community benefits agreement, negotiated with input from affected residents and businesses, by which the developer provides benefits to the affected community.

Creating a conununity advisory board made up of local residents to review and provide feedback on project proposals in early planning stages.

Identifying a person to act as a community liaison concerning on -site construction activity and operations, and providing contact information for the community liaison to the surrounding community.

Requiring signage in public view at warehouse facilities with contact information for a local designated representative for the facility operator who can receive community complaints, and requiring any complaints to be answered by the facility operator within 48 hours ofreceipt.

IV. Warehouse Siting and Design Considerations
The most important consideration when planning a logistics facility is its location.

Warehouses located in residential neighborhoods or near sensitive receptors expose community residents and those using or visiting sensitive receptor sites to the air pollution, noise, traffic, and other environmental impacts they generate. Therefore, placing facilities away from sensitive receptors significantly reduces their environmental and quality of life harms on local communities. The suggested best practices for siting and design of warehouse facilities does not relieve lead agencies' responsibility under CEQA to conduct a project -specific analysis of the project' s impacts and evaluation of feasible mitigation measures and alternatives; lead agencies' incorporation of the best practices must be part of the impact, mitigation and alternatives analyses to meet the requirements of CEQA. Examples ofbest practices when siting and designing warehouse facilities include:
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Per California Air Resources Board (CARB) guidance, siting warehouse facilities so that their property lines are at least 1, 000 feet from the property lines of the nearest sensitive receptors. 20
Providing adequate amounts of on -site parking to prevent trucks and other vehicles from parking or idling on public streets and to reduce demand for off -site truck yards.

Establishing setbacks from the property line of the nearest sensitive receptor to warehouse dock doors, loading areas, and truck drive aisles, and locating warehouse dock doors, loading areas, and truck drive aisles on the opposite side of the building from the nearest sensitive receptors e. g., placing dock doors on the north side of the facility if sensitive receptors are near the south side of the facility.

Placing facility entry and exit points from the public street away from sensitive receptors e. g., placing these points on the north side of the facility if sensitive receptors are adjacent to the south side of the facility.

Ensuring heavy duty trucks abide by the on -site circulation plans by constructing physical barriers to block those trucks from using areas of the project site restricted to light duty vehicles or emergency vehicles only.

Preventing truck queuing spillover onto surrounding streets by positioning entry gates after a minimum of 140 feet of space for queuing, and increasing the distance by 70 feet for every 20loading docks beyond 50 docks.

Locating facility entry and exit points on streets of higher commercial classification that are designed to accommodate heavy duty truck usage.

Screening the warehouse site perimeter and onsite areas with significant truck traffic ( e. g., dock doors and drive aisles) by creating physical, structural, and/ or vegetative buffers that prevent or substantially reduce pollutant and noise dispersion from the facility to sensitive receptors.

Planting exclusively 36-inch box evergreen trees to ensure faster maturity and four -season foliage.

Requiring all property owners and successors in interest to maintain onsite trees and vegetation for the duration of ownership, including replacing any dead or unhealthy trees and vegetation.

Posting signs clearly showing the designated entry and exit points from the public street for trucks and service vehicles.

Including signs and drive aisle pavement markings that clearly identify onsite circulation patterns to minimize unnecessary onsite vehicle travel.

Posting signs indicating that all parking and maintenance of trucks must be conducted within designated on -site areas and not within the surrounding community or public streets.
20 CARB, Air Quality and Land Use Handbook: A Community Health Perspective ( April 2OO5), at ES- 1. CARB staff has released draft updates to this siting and design guidance which suggests a greater distance may be warranted in some scenarios. CARB, Concept Paper for the Freight Handbook ( December 2019), available at littps:/./-,v v2. arb. ca.gov/sites/ default/files/2020- 03/ 2019. 12. 12°, 020° 4, 2OConcept% 2OPaper°,;)2Ofor% 2Otbe°io2OFrei4t% 2OHandbook_pdf ( 1. last accessed September 18, 2022).
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V. Air Quality and Greenhouse Gas Emissions Analysis and Mitigation Emissions of air pollutants and greenhouse gases are often among the most substantial environmental impacts from new warehouse facilities. CEQA compliance demands a proper accounting of the full air quality and greenhouse gas impacts of logistics facilities and adoption of all feasible mitigation of significant impacts. Although efforts by CARB and other authorities to regulate the heavy- duty truck and off -road diesel fleets have made excellent progress in reducing the air quality impacts of logistics facilities, the opportunity remains for local jurisdictions to further mitigate these impacts at the project level. Lead agencies and developers should also consider designing projects with their long-term viability in mind. Constructing the necessary infrastructure to prepare for the zero -emission future of goods movement not only reduces a facility' s emissions and local impact now, but it can also save money as demand for zero -emission infrastructure grows. In planning new logistics facilities, the Bureau strongly encourages developers to consider the local, statewide, and global impacts oftheir projects' emissions.

Examples of best practices when studying air quality and greenhouse gas impacts include:

Fully analyzing all reasonably foreseeable project impacts, including cumulative impacts. In general, new warehouse developments are not ministerial under CEQA because they involve public officials' personal judgment as to the wisdom or manner of carrying out the project, even when warehouses are permitted by a site' s applicable zoning and/ or general plan land use designation. 21 When analyzing cumulative impacts, thoroughly considering the project' s incremental impact in combination with past, present, and reasonably foreseeable future projects, even if the project' s individual impacts alone do not exceed the applicable significance thresholds.

Preparing a quantitative air quality study in accordance with local air district guidelines.

Preparing a quantitative health risk assessment in accordance with California Office of Environmental Health Hazard Assessment and local air district guidelines.

Refraining from labeling compliance with CARB or air district regulations as a mitigation measure — compliance with applicable regulations is required regardless of CEQA.

Disclosing air pollution from the entire expected length of truck trips. CEQA requires full public disclosure of a project' s anticipated truck trips, which entails calculating truck trip length based on likely truck trip destinations, rather than the distance from the facility to the edge of the air basin, local jurisdiction, or other truncated endpoint. All air pollution associated with the project must be considered, regardless of where those impacts occur.
21 CEQA Guidelines § 15369.
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Accounting for all reasonably foreseeable greenhouse gas emissions from the project, without discounting projected emissions based on participation in California' s Cap -and -Trade Program.

Examples of measures to mitigate air quality and greenhouse gas impacts from construction are below. To ensure mitigation measures are enforceable and effective, they should be imposed as permit conditions on the project where applicable.

Requiring off -road construction equipment to be hybrid electric -diesel or zero - emission, where available, and all diesel - fueled off -road construction equipment to be equipped with CARB Tier IV -compliant engines or better, and including this requirement in applicable bid documents, purchase orders, and contracts, with successful contractors demonstrating the ability to supply the compliant construction equipment for use prior to any ground -disturbing and construction activities.

Prohibiting off -road diesel -powered equipment from being in the " on" position for more than 10 hours per day.

Using electric -powered hand tools, forklifts, and pressure washers, and providing electrical hook ups to the power grid rather than use of diesel -fueled generators to supply their power.

Designating an area in the construction site where electric -powered construction vehicles and equipment can charge.

Limiting the amount of daily grading disturbance area.

Prohibiting grading on days with an Air Quality Index forecast of greater than 100 for particulates or ozone for the project area.

Forbidding idling of heavy equipment for more than three minutes.

Keeping onsite and furnishing to the lead agency or other regulators upon request, all equipment maintenance records and data sheets, including design specifications and emission control tier classifications.

Conducting an on -site inspection to verify compliance with construction mitigation and to identify other opportunities to further reduce construction impacts.

Using paints, architectural coatings, and industrial maintenance coatings that have volatile organic compound levels of less than 10 g/L.

Providing information on transit and ridesharing programs and services to construction employees.

Providing meal options onsite or shuttles between the facility and nearby meal destinations for construction employees.

Examples ofmeasures to mitigate air quality and greenhouse gas impacts from operation include:

Requiring all heavy- duty vehicles engaged in drayage22 to or from the project site to be zero -emission beginning in 2030.
22 " Drayage" refers generally to transport of cargo to or from a seaport or intermodal railyard. 453
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Requiring all on -site motorized operational equipment, such as forklifts and yard trucks, to be zero -emission with the necessary charging or fueling stations provided.

Requiring tenants to use zero -emission light- and medium -duty vehicles as part of business operations.

Forbidding trucks from idling for more than three minutes and requiring operators to turn off engines when not in use.

Posting both interior- and exterior -facing signs, including signs directed at all dock and delivery areas, identifying idling restrictions and contact information to report violations to CARB, the local air district, and the building manager.

Installing solar photovoltaic systems on the project site of a specified electrical generation capacity that is equal to or greater than the building' s projected energy needs, including all electrical chargers.

Designing all project building roofs to accommodate the maximum future coverage of solar panels and installing the maximum solar power generation capacity feasible.

Constructing zero -emission truck charging/ fueling stations proportional to the number of dock doors at the project.

Running conduit to designated locations for future electric truck charging stations.

Unless the owner of the facility records a covenant on the title of the underlying property ensuring that the property cannot be used to provide refrigerated warehouse space, constructing electric plugs for electric transport refrigeration units at every dock door and requiring truck operators with transport refrigeration units to use the electric plugs when at loading docks.

Oversizing electrical rooms by 25 percent or providing a secondary electrical room to accommodate future expansion of electric vehicle charging capability.

Constructing and maintaining electric light -duty vehicle charging stations proportional to the number of employee parking spaces ( for example, requiring at least 10% of all employee parking spaces to be equipped with electric vehicle charging stations of at least Level 2 charging performance) Running conduit to an additional proportion of employee parking spaces for a future increase in the number of electric light -duty charging stations.

Installing and maintaining, at the manufacturer' s recommended maintenance intervals, air filtration systems at sensitive receptors within a certain radius of facility for the life of the project.

Installing and maintaining, at the manufacturer' s recommended maintenance intervals, an air monitoring station proximate to sensitive receptors and the facility for the life of the project, and making the resulting data publicly available in real time. While air monitoring does not mitigate the air quality or greenhouse gas impacts of a facility, it nonetheless benefits the affected community by providing information that can be used to improve air quality or avoid exposure to unhealthy air.

Requiring all stand-by emergency generators to be powered by a non -diesel fuel.

Requiring facility operators to train managers and employees on efficient scheduling and load management to eliminate unnecessary queuing and idling of OJ
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trucks.

Requiring operators to establish and promote a rideshare program that discourages single -occupancy vehicle trips and provides financial incentives for alternate modes oftransportation, including carpooling, public transit, and biking.

Meeting CalGreen Tier 2 green building standards, including all provisions related to designated parking for clean air vehicles, electric vehicle charging, and bicycle parking.

Designing to LEED green building certification standards.

Providing meal options onsite or shuttles between the facility and nearby meal destinations.

Posting signs at every truck exit driveway providing directional information to the truck route.

Improving and maintaining vegetation and tree canopy for residents in and around the project area.

Requiring that every tenant train its staff in charge of keeping vehicle records in diesel technologies and compliance with CARB regulations, by attending CARBapproved courses. Also require facility operators to maintain records on -site demonstrating compliance and make records available for inspection by the local jurisdiction, air district, and state upon request.

Requiring tenants to enroll in the United States Enviromnental Protection Agency' s SmartWay program, and requiring tenants who own, operate, or hire trucking carriers with more than 100 trucks to use carriers that are SmartWay carriers.

Providing tenants with information on incentive programs, such as the Carl Moyer Program and Voucher Incentive Program, to upgrade their fleets.

VI. Noise Impacts Analysis and Mitigation
The noise associated with logistics facilities can be among their most intrusive impacts to nearby sensitive receptors. Various sources, such as unloading activity, diesel truck movement, and rooftop air conditioning units, can contribute substantial noise pollution. These impacts are exacerbated by logistics facilities' typical 24-hour, seven -days -per -week operation. Construction noise is often even greater than operational noise, so if a project site is near sensitive receptors, developers and lead agencies should adopt measures to reduce the noise generated by both construction and operation activities.

Examples of best practices when studying noise impacts include:

Preparing a noise impact analysis that considers all reasonably foreseeable project noise impacts, including to nearby sensitive receptors. All reasonably foreseeable project noise impacts encompasses noise from both construction and operations, including stationary, on -site, and off -site noise sources.

Adopting a lower significance threshold for incremental noise increases when baseline noise already exceeds total noise significance thresholds, to account for the cumulative impact of additional noise and the fact that, as noise moves up the decibel scale, each decibel increase is a progressively greater increase in sound 10 455
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pressure than the last. For example, 70 dBA is ten times more sound pressure than 60 dBA.

Disclosing and considering the significance of short-term noise levels associated with all aspects of project operation ( i.e. both on -site noise generation and off -site truck noise). Considering only average noise levels may mask noise impacts sensitive receptors would consider significant — for example, the repeated but short-lived passing of individual trucks or loading activities at night.

Examples of measures to mitigate noise impacts include:

Constructing physical, structural, or vegetative noise barriers on and/ or off the project site.

Planning and enforcing truck routes that avoid passing sensitive receptors.

Locating or parking all stationary construction equipment as far from sensitive receptors as possible, and directing emitted noise away from sensitive receptors.

Verifying that construction equipment has properly operating and maintained mufflers.

Requiring all combustion -powered construction equipment to be surrounded by a noise protection barrier
Limiting operation hours to daytime hours on weekdays.

Paving roads where truck traffic is anticipated with low noise asphalt.

Orienting any public address systems onsite away from sensitive receptors and setting system volume at a level not readily audible past the property line.

VII. Traffic Impacts Analysis and Mitigation
Warehouse facilities inevitably bring truck and passenger car traffic. Truck traffic can present substantial safety issues. Collisions with heavy- duty trucks are especially dangerous for passenger cars, motorcycles, bicycles, and pedestrians. These concerns can be even greater if truck traffic passes through residential areas, school zones, or other places where pedestrians are common and extra caution is warranted.

Examples of measures to mitigate traffic impacts include:

Designing, clearly marking, and enforcing truck routes that keep trucks out of residential neighborhoods and away from other sensitive receptors.

Installing signs in residential areas noting that truck and employee parking is prohibited.

Requiring preparation and approval of a truck routing plan describing the facility' s hours of operation, types of items to be stored, and truck routing to and from the facility to designated truck routes that avoids passing sensitive receptors.

The plan should include measures for preventing truck queuing, circling, stopping, and parking on public streets, such as signage, pavement markings, and queuing analysis and enforcement. The plan should hold facility operators responsible for violations of the truck routing plan, and a revised plan should be required from any new tenant that occupies the property before a business license 11 456
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is issued. The approving agency should retain discretion to determine if changes to the plan are necessary, including any additional measures to alleviate truck routing and parking issues that may arise during the life ofthe facility.

Constructing new or improved transit stops, sidewalks, bicycle lanes, and crosswalks, with special attention to ensuring safe routes to schools.

Consulting with the local public transit agency and securing increased public transit service to the project area.

Designating areas for employee pickup and drop- off.

Implementing traffic control and safety measures, such as speed bumps, speed limits, or new traffic signs or signals.

Placing facility entry and exit points on major streets that do not have adjacent sensitive receptors.

Restricting the turns trucks can make entering and exiting the facility to route trucks away from sensitive receptors.

Constructing roadway improvements to improve traffic flow.

Preparing a construction traffic control plan prior to grading, detailing the locations of equipment staging areas, material stockpiles, proposed road closures, and hours of construction operations, and designing the plan to minimize impacts to roads frequented by passenger cars, pedestrians, bicyclists, and other non -truck traffic.

VIII. Other Signif cant Environmental Impacts Analysis and Mitigation Warehouse projects may result in significant environmental impacts to other resources, such as to aesthetics, cultural resources, energy, geology, or hazardous materials. All significant adverse environmental impacts inust be evaluated, disclosed and mitigated to the extent feasible under CEQA. Examples of best practices and mitigation measures to reduce environmental impacts that do not fall under any of the above categories include:

Appointing a compliance officer who is responsible for implementing all mitigation measures, and providing contact information for the compliance officer to the lead agency, to be updated annually.

Creating a fund to mitigate impacts on affected residents, schools, places of worship, and other community institutions by retrofitting their property. For example, retaining a contractor to retrofit/ install HVAC and/ or air filtration systems, doors, dual -paned windows, and sound- and vibration -deadening insulation and curtains.

Sweeping surrounding streets on a daily basis during construction to remove any construction - related debris and dirt.

Directing all lighting at the facility into the interior of the site.

Using full cut-off light shields and/ or anti -glare lighting.

Requiring submission of a property maintenance program for agency review and approval providing for the regular maintenance of all building structures, landscaping, and paved surfaces.

Using cool pavement to reduce heat island effects.
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Planting trees in parking areas to provide at least 35% shade cover ofparking areas within fifteen years to reduce heat island impacts.

Using light colored roofing materials with a solar reflective index of 78 or greater.

Including on -site amenities, such as a truck operator lounge with restrooms, vending machines, and air conditioning, to reduce the need for truck operators to idle or travel offsite.

Designing skylights to provide natural light to interior worker areas.

Installing climate control and air filtration in the warehouse facility to promote worker well-being.

IX. Conclusion
California' s world -class economy, ports, and transportation network position it at the center of the e- commerce and logistics industry boom. At the same time, California is a global leader in environmental protection and environmentally just development. The guidance in this document furthers these dual strengths, ensuring that all can access the benefits of economic development. The Bureau will continue to monitor proposed projects for compliance with CEQA and other laws. Lead agencies, developers, community advocates, and other interested parties should feel free to reach out to us as they consider how to guide warehouse development in their area.

Please do not hesitate to contact the Environmental Justice Bureau at ei( ddoj. ca. gov if you have any questions.
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ATTACHMENT c

ATTORNEY GENERAL

MEMORANDUM OF AGREEMENT
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EXHIBIT 2 - MOU

MEMORANDUM OF AGREEMENT
This Memorandum of Agreement (" Agreement") is entered into by and between the City of Stockton (" City"), and Rob Bonta, Attorney General of California, on behalf of the People of the State of California (" Attorney General"), and it is dated and effective as of the date that the last Party signs Effective Date"). The City, and the Attorney General are referred to as the " Parties."

RECITALS
WHEREAS areas ofthe City, including south Stockton, have disproportionately suffered from the environmental impacts ofindustrial land uses located nearby residences and other sensitive receptors such as schools, parks, and hospitals. According to CalEnviroScreen, a tool used to identify communities exposed to high levels of pollution, south Stockton' s neighborhoods are exposed to pollution burdens in the top 10% of all communities in California, with some communities registering in the top 1 %.

WHEREAS because ofthe extremely high levels of air pollution to which this environmental justice community is disproportionately exposed, the California Air Resources Board (CARB) has designated the area of south Stockton to the northwest of the Project as a top priority for reductions in emissions and improvements in air quality under AB 617. In 2021, CARB approved Stockton' s Community Emissions Reduction Program ( CERP) after an extensive public process. The CERP includes projected investments of over $32 million in emission reduction incentives and a variety of other clean air projects in the south Stockton AB 617 community area and additional measures to reduce exposure to air pollution for sensitive receptors.

WHEREAS in recent years, the proliferation of e- commerce and rising consumer expectations of rapid shipping have contributed to a boom in warehouse development. California, with its ports, population centers, and transportation network, has found itself at the center ofthis trend.

WHEREAS in response to project applications consistent with this demand, the City has approved millions of square feet of warehouse and logistics space, substantial amounts of which have been or will be constructed in the south Stockton community.

WHEREAS the Attorney General has previously submitted letters to the City regarding concerns with significant environmental impacts being created by such warehouse and distribution facility projects, including the Sanchez Hoggan Annexation Project and the South Stockton Commerce Center Project.

WHEREAS the City seeks to minimize additional environmental impacts from new warehouse and distribution facility development sited in south Stockton and throughout the City.

WHEREAS the California Environmental Quality Act ( CEQA), Public Resources Code section 21000 et seq. and California Code of Regulations, Title 14, Division 6, Chapter 3, Sections 15000- 15387, requires, amongst other things, that the City impose feasible mitigation measures on applicable projects to minimize any significant environmental impacts. The California Supreme Court has determined that CEQA requires a lead agency " to implement all mitigation measures unless those measures are truly infeasible." Sierra Club v. Cty. ofFresno ( 2018) 6 Cal. 5th 502, 524- 25 ( citing City ofSan Diego v. Board of Trustees ofCalifornia State University (2015) 61 CalAth 945, 967).

WHEREAS on August 24, 2021, the City released the Draft Environmental Impact Report ( EIR) for the Mariposa Industrial Park Project. Public comments submitted on the Draft EIR, including comments from the Attorney General' s Office and the Sierra Club, raised concerns that the project' s 460
EXHIBIT 2 - MOU
significant environmental impacts were not sufficiently disclosed, analyzed, and mitigated as required by CEQA.

WHEREAS on February 28, 2022, the City released the Final EIR for the Mariposa Industrial Park Project. In response, once again stakeholders, including the Attorney General' s Office and the Sierra Club, raised concerns regarding the project, including the lack offeasible mitigation as required under CEQA.

WHEREAS the City, the Attorney General' s Office, and the Sierra Club have been engaged in good -faith negotiations regarding additional feasible mitigation measures to reduce the potentially significant environmental impacts that the Mariposa Industrial Park Project may create.

WHEREAS as a result ofthose good -faith negotiations the City has proposed to require additional feasible mitigation measures on the Mariposa Industrial Park Project to further reduce the project' s significant environmental impacts, as identified in the amended Mariposa Industrial Park Final Environmental Impact Report (" Revised Final EIR" State Clearinghouse No. 2020120283). The City Council intends to soon consider adopting: ( 1) a Resolution certifying that Revised Final EIR together with the adoption of CEQA Findings including a Statement of Overriding Considerations and adoption of a Mitigation Monitoring and Reporting Program (" MMRP"); ( 2) an Ordinance for the Pre -Zoning of APNs 179- 220- 10, - 12, - 13, - 16, - 17, - 18, - 19, and - 24 (the " Property") to Industrial, Limited; ( 3) an Ordinance for a Development Agreement; and ( 4) a Resolution authorizing the filing of an annexation application with the San Joaquin Local Agency Formation Commission ( collectively the " Project Approvals").

WHEREAS the City has embarked on a comprehensive update to Title 16 ofthe City' s Municipal Code, known as the Development Code, that is intended to produce a user-friendly Development Code, serving as an effective tool to implement the General Plan, shape future growth, and help realize the community' s vision of promoting investment in downtown Stockton and historically underserved areas, preserving and enhancing neighborhood character, and improving community health and safety. The City anticipates adopting and publishing a new updated Development Code in 2023.

WHEREAS the City seeks to establish an ordinance applicable to future warehouse and distribution facility development projects (" warehouse ordinance") in order to set minimum development standards to mitigate environmental impacts from those projects. Such a warehouse ordinance will also provide clarity to stakeholders, including developers and the general public, regarding the requirements needed to construct warehouse and distribution facilities in the City.

AGREEMENT
Either as part of the aforementioned ongoing Development Code amendment process or as a separate, stand- alone process, City staff shall propose a warehouse ordinance to identify and apply all feasible mitigation measures to qualifying warehouse and distribution facility projects to minimize their potentially significant environmental impacts. The proposed warehouse ordinance shall be scheduled for consideration by the City Council before December 31, 2023.

The warehouse ordinance proposed to the City Council shall apply to qualifying facilities engaged in logistics use, which is defined as any warehouse or wholesaling and distribution land use which entails facilities to be used for the storage of farm products, furniture, household goods, or other commercial goods of any nature for distribution to wholesalers and/ or retailers, including cold storage.

Qualifying facilities do not include self -storage or mini -storage facilities offered for rent or lease to the 461
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general public. Qualifying facilities shall include, at minimum, projects with a building or buildings totaling 100, 000 square feet or larger.

In preparing and proposing the warehouse ordinance, City staff shall consider including at minimum the conditions included in Exhibit A. To the extent that the conditions included in Exhibit A are not included in the warehouse ordinance proposed for approval by City Council, City staff shall explain:
1) why such conditions are infeasible as defined under CEQA; (2) what alternative conditions are being proposed for inclusion in -lieu of any such omitted conditions; and ( 3) how such alternative conditions reduce potentially significant environmental impacts.

Ifthe City enters into this Agreement and adopts the Project Approvals, including all ofthe Mariposa Industrial Project Enhanced Measures attached to the City' s and Developer' s separate settlement agreement with the Sierra Club, then the Attorney General shall not file any complaints, claims, grievances, special proceedings, legal challenges, or take any other actions against the City with any state, federal, or local agency or court challenging the City Council' s adoption ofthe Project Approvals or the proposed annexation ofthe Property to the City of Stockton ( the " AG Obligation").

GENERAL TERMS AND CONDITIONS

1. Agreement Term. This Agreement shall remain in effect until the City implements and complies with the commitment pursuant to the agreed -on deadline set forth herein.

2. Default. The Parties agree and acknowledge that time is ofthe essence for City staffto propose and for the City Council to consider adopting a warehouse ordinance before the December 31, 2023, deadline set forth in this Agreement. The Parties stipulate that the Superior Court in and for San Joaquin County shall have jurisdiction over the Parties and this Agreement to enforce the provisions ofthe Agreement until performance in full of all terms ofthe Agreement. The Court shall have full authority to enforce the Agreement as ifthe Parties had entered the Agreement as a stipulated judgment pursuant to Code of Civil Procedure, section 664. 6. Nothing in this Agreement prevents the Attorney General from seeking any and all remedies for non-compliance with the Agreement.

3. No Waiver. This Agreement does not in any way limit or waive the Attorney General' s jurisdiction, capacity, authorization, obligation, right, or discretion to determine whether any City action or failure to act complies with CEQA or any other law except as expressly provided in the AG Obligation above.

4. Amendment. No addition to or modification of any term or provision of this Agreement will be effective unless set forth in writing and signed by an authorized representative of each ofthe Parties.

5. Signing Authority. By signing this Agreement, the persons executing the Agreement represent that they have the capacity and authority to execute the Agreement as the representative oftheir respective agency and to bind their respective agency to the terms ofthis Agreement.

6. Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter ofthis Agreement, and supersedes all prior negotiations, discussions, agreements, commitments, and understandings with respect thereto.

7. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California.

8. Joint Drafting. This Agreement has been jointly drafted, and the general rule that it be construed against the drafting party is not applicable.

9. Severability. If a court should find any term, covenant, or condition ofthis Agreement to be invalid or unenforceable, the remainder of the Agreement shall remain in full force and effect. 462
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10. Representation by Counsel. Each ofthe Parties affirmatively represents that it has been represented throughout this matter by attorneys ofits own choosing. Each Party has read this Agreement and has had the terms used herein and the consequences thereof explained by its attorneys of choice. This Agreement is freely and voluntarily executed and agreed to by each Party after having been apprised of all relevant information and data furnished by its attorneys of choice. Each Party in executing this Agreement does not rely upon any inducements, promises, or representations made by any other Party except as set forth herein.

11. Counterparts and Electronic Signatures. This Agreement may be executed with counterpart signatures, each of which shall be deemed an original. The Agreement will be binding upon the receipt of original, facsimile, or electronically communicated signatures.

DATED: December 52022 ROB BONTA
Attorney General of California

CHRISTIE VOSBURG
Supervising Deputy Attorney General

SCOTT LICHTIG
Deputy Attorney General
Attorneys for the People of the State of
California
DATED: December 32022 CITY OF STOCKTON

HARRY BLACK
City Manager
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EXHIBIT A
In preparing and proposing the warehouse ordinance, City staff shall consider including at minimum the following conditions on qualifying facilities. To the extent that the following conditions are not included in the warehouse ordinance proposed for approval by City Council, City staff shall explain:
1) why such conditions are infeasible as defined under CEQA; ( 2) what alternative conditions are being proposed for inclusion in -lieu of any such omitted conditions; and ( 3) how such alternative conditions reduce potentially significant environmental impacts:

Construction Mitigation:

San Joaquin Valley Air Pollution Control District ( SJVAPCD) Regulation VIII Compliance:

Construction plans and specifications shall include a Dust Control Plan incorporating the applicable requirements of Regulation VIII, which shall be submitted to the SJVAPCD for review and approval prior to beginning construction in accordance with the requirements of Regulation VIII.

Construction Vehicles & Equipment:
o The use of electric -powered, battery -powered, natural gas, or hybrid construction equipment and vehicles are required during construction if commercially available. If substantial evidence is provided by the permittee or its contractor that such equipment is not commercially available, including a description of commercially reasonable efforts to secure such equipment, diesel -powered construction equipment greater than 50 horsepower meeting the highest rated California Air Resources Board ( CARB) Tier technology available at the time of construction may be used. Prior to permit issuance, the construction contractor shall submit an equipment list confirming equipment used is compliant with the highest CARB Tier at the time of construction. Equipment proposed for use that does not meet the highest CARB Tier in effect at the time of construction, shall only be approved for use at the discretion of Stockton' s Community Development Department (CDD) and shall require prooffrom the construction contractor that, despite reasonable best efforts to obtain the highest CARB Tier equipment, such equipment was unavailable.
o All off -road equipment with a power rating below 19 kilowatts ( e. g., plate compactors, pressure washers) used during construction ofthe qualifying facility(ies) shall be electric powered.
o Subject to all other idling restrictions, off -road diesel -powered equipment shall not be left in the " on position" for more than 10 hours per day.

Owners, operators or tenants of qualifying facilities shall provide " cool roof' specifications in construction plans verifying that the proposed roof will utilize cool roofing materials with an aged reflectance and thermal emittance values that are equal to or greater than those specified in the current edition ofthe CALGreen Building Standards Code, Table A5. 106. 11. 2. 3 for Tier 1 and the City' s Green Building Standards within Chapter 15. 72 ofthe Stockton Municipal Code.

Temporary electrical hookup to the construction yard and associated work areas shall be required.

The idling of heavy construction equipment for more than 5 minutes shall be prohibited. The owners, operators or tenants shall provide verification that construction specifications establish a 464
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five-minute idling limit for all heavy- duty construction equipment utilized during construction of the proposed qualifying facility(ies). Signage shall be posted throughout the construction site regarding the idling time limit, and the construction contractor shall maintain a log for review.

The log shall verify that construction equipment operators are advised ofthe idling time limit at the start of each construction day. Idling limits shall be noted in the construction specifications.

The maintenance oflogs documenting compliance shall be required.

The construction contractors shall maintain on the construction site an inventory of construction equipment, maintenance records, and datasheets, including design specifications and emission control tier classifications.

Architectural and industrial maintenance coatings ( e. g., paints) applied on the qualifying facility(ies) shall be consistent with a VOC content of <10 g/L. Developer or tenant is not expected to exercise control over materials painted offsite by a third party.

Qualifying facilities shall require the construction contractor to establish one or more locations for food or catering truck service to construction workers and to cooperate with food service providers to provide consistent food service.

Qualifying facilities shall require the construction contractor to provide transit and ridesharing information for construction workers.

Site Design:

Qualifying facilities shall be constructed in compliance with the most current edition of all adopted City building codes, including the adopted Green Building Standards Code. Prior to the issuance of building permits, the applicant/ developer of the qualifying facility( ies) shall demonstrate ( e. g., provide building plans) that the proposed buildings are designed and will be built to, at a minimum, meet the Tier 2 advanced energy efficiency requirements ofthe Nonresidential Voluntary Measures ofthe California Green Building Standards code, Divisions A5. 1, A5. 2 and A5. 5, Energy Efficiency as outlined under Section A5.203. 1. 2.

Qualifying facilities and their associated loading docks must be located no closer than 300 feet from sensitive receptors, and the City staff should consider the public health and safety benefits of requiring a larger buffer, up to 1, 000 ft. All such setbacks will be measured from the loading dock or any building edge, whichever is closer, to the property line of any nearby sensitive receptors using the straight-line method. The setbacks and buffers required in this ordinance shall prevail over any less -stringent standards in the City' s Development Code. Sensitive receptor shall be defined as any residence including private homes, condominiums, apartments, and living quarters, schools, preschools, daycare centers, correctional facilities, parks/recreation facilities, in -home daycares, and health facilities such as hospitals, long term care facilities, retirement and nursing homes.

Qualifying facilities must include an onsite landscaped buffer, measured from the property line of all adjacent sensitive receptors. The width of the buffer shall be proportionate to the height of the warehouse building with specified minimums as set forth below unless infeasible. Landscaping shall be installed at the periphery of the qualifying facility( ies) site along adjacent rights of way and the landscaping buffer area shall not include the right of way itself. Landscape buffers shall not be required on interior boundaries ofthe qualifying facility( ies). 465
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o The width ofthe buffer shall be set at a 2: 1 ratio for all warehouses —for every 1 foot of building height, the buffer shall be 2 feet. The landscaping portion ofthis buffer shall not be less than 50% ofthis buffer, but may include areas to be used for bioswales, retention/ detention areas and/ or other stormwater and water quality management areas. o The buffer area( s) shall include, at a minimum, a solid decorative wall( s) adjacent to sensitive receptors, natural ground landscaping, and solid screen buffering trees, as described below, unless there is an existing solid block wall. Onsite buffer areas shall not include deceleration lanes or right -turn lanes. To the extent allowed by other applicable City codes, policies and regulations the height ofthe decorative wall shall be at least 14 feet, except in buffer areas adjacent to sensitive receptors. For areas adjacent to sensitive receptors, the decorative wall shall be a minimum of 14 to 18 feet to the extent otherwise permitted by city codes, policies and regulations.
o Trees shall be used as part ofthe solid screen buffering treatment. Trees used for this purpose shall be evergreen, drought tolerant, and shall be spaced in two rows along the length ofthe buffer, with trees in each row offset, and each tree no greater than 15 feet on center. Spacing up to 20 feet may be allowed if wide canopy trees are used sufficient to create wall of vegetation that filters warehouse pollution. The property owner, tenant, operator, and any successors in interest shall maintain these trees for the duration of ownership, ensuring any unhealthy or dead trees are replaced with a similar tree as soon as possible.
a All landscaping shall be drought tolerant, and to the extent feasible, species with low biogenic emissions. Palm trees shall not be utilized.
o All landscaping areas shall be properly irrigated for the life of the qualifying facility( ies) to allow for plants and trees to maintain growth with no undue pruning.

Operational Mitigation
Solar Power/ Battery Energy Storage Systems:
o The building permit application for qualifying facilities must demonstrate sufficient solar panels to provide power for the operation' s base power use at the start of operations and as base power use demand increases. The application shall include analysis of plans to meet ( a) projected power requirements at the start of operations and as base power demand increases corresponding to the implementation ofthe " clean fleet" requirements, and (b) generating capacity ofthe solar installation.
o The photovoltaic system( s) shall include a battery energy storage system to serve the qualifying facility( ies) in the event of a power outage to the extent required by the most current edition ofthe California Building Standards Code. o Stockton' s Community Development Department ( CDD) shall verify the size and scope of the solar project based upon the analysis ofthe projected power requirements and generating capacity as well as the available solar panel installation space. o In the event sufficient space is not available on the subject lot to accommodate the needed number of solar panels to produce the operation' s base or anticipated power use, the applicant ofthe qualifying facility(ies) shall demonstrate how all available space has 466
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been maximized (e. g., roof, parking areas, etc.) for photovoltaic and battery energy storage system use. Areas which provide truck movement may be excluded from these calculations unless otherwise deemed acceptable by the supplied reports and applicable building standards.
o The owners, operators or tenants, or qualified solar system contractor engaged by the developer or tenant, shall install the system when the City has approved building permits and the necessary equipment has arrived. The tenant/operator ofthe qualifying facility(ies) shall commence operation ofthe system only when it has received permission to operate from the utility. The photovoltaic system owner shall be responsible for maintaining the system( s) at not less than 80% ofthe rated power for 20 years. At the end ofthe 20-year period, the owners, operators or tenants shall install a new photovoltaic system meeting the capacity and operational requirements ofthis measure, or continue to maintain the existing system, for the life ofthe qualifying facility(ies).

Electric Vehicles ( EV): The following mitigation measures shall be implemented during all ongoing business operations and shall be included as part of contractual lease agreement language to ensure the tenants/ operators ofthe qualifying facility(ies) are informed of all on -going operational responsibilities.
o Heavy -Duty EV Trucks: The property owners, operators or tenants ofthe qualifying facility( ies) shall ensure that all heavy- duty trucks ( Class 7 and 8) domiciled on site are model year 2014 or later from start of operations and shall expedite a transition to zero - emission vehicles, with the fleet fully zero -emission by December 31, 2025, or when commercially available for the intended application, whichever date is later. o Medium -Duty EV Vehicles: The property owners, operators or tenants ofthe qualifying facility( ies) shall utilize a " clean fleet" of vehicles/ delivery vans/ trucks ( Class 2 through 6) as part of business operations as follows: For any vehicle ( Class 2 through 6) domiciled on site, the following " clean fleet" requirements apply: ( i) 33% of the fleet will be zero emission vehicles at start of operations, ( ii) 65% of the fleet will be zero emission vehicles by December 31, 2023, ( iii) 80% ofthe fleet will be zero emission vehicles by December 31, 2025, and ( iv) 100% of the fleet will be zero emission vehicles by December 31, 2027.
o " Domiciled on site" shall mean the vehicle is either (i) parked or kept overnight at the qualifying facility(ies) more than 70% of the calendar year or (ii) dedicated to the qualifying facility(ies) site ( defined as more than 70% ofthe truck routes during the calendar year that start at the qualifying facility( ies) site even if parked or kept elsewhere). The tenant/operator ofthe qualifying facility(ies) shall not be responsible to meet " clean fleet" requirements for vehicles used by common carriers operating under their own authority that provide delivery services to or from the qualifying facility( ies) site.
o Zero -emission vehicles which require service can be temporarily replaced with alternate vehicles. Replacement vehicles shall be used for only the minimum time required for servicing fleet vehicles.
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o A zero -emission vehicle shall ordinarily be considered commercially available ifthe vehicle is capable of serving the intended purpose and is included in California' s Hybrid and Zero -Emission Truck and Bus Voucher Incentive Project, https:// califomiahvip. org/ or listed as available in the US on the Global Commercial Vehicle Drive to Zero inventory, https:// globaldrivetozero. org/. The City shall be responsible for the final determination of commercial availability, based on all the facts and circumstances at the time the determination is made. In order for the City to make a determination that such vehicles are commercially unavailable, the operator must submit documentation from a minimum ofthree ( 3) EV dealers identified on the califomiahvip.org website demonstrating the inability to obtain the required EVs or equipment needed within 6 months.
o The tenant/ operator of the qualifying facility( ies) shall utilize the zero emission vehicles/ trucks required to meet the " clean fleet" requirements. Within 30 days of issuance ofthe final certificate of occupancy, the tenant/ operator shall demonstrate to the satisfaction of CDD staff, that the applicable clean fleet requirements are being met. In the event that there is a disruption in the manufacturing of zero emission vehicles/trucks or that sufficient vehicles/trucks are not commercially available for the intended application, the " clean fleet requirements" may be adjusted as minimally as possible by the CDD to accommodate the manufacturing disruption or unavailability of commercially available vehicles/ trucks.
o The tenant/ operator ofthe qualifying facility(ies) shall implement the proposed measures after CDD review and approval. Any extension oftime granted to implement this condition shall be limited to the shortest period oftime necessary to allow for 100% electrification under the clean fleet requirements. The CDD staff may seek the recommendation of the California Air Resources Board in determining whether there has been a manufacturing disruption or insufficient vehicles/ trucks commercially available for the intended application.
o Within 12 months offailing to meet a " clean fleet" requirement, the tenant/ operator of the qualifying facility( ies) shall implement a Voluntary Emissions Reduction Agreement VERA) providing pound for pound mitigation of the criteria pollutant, toxic air contaminants, and GHG emissions quantified by the City through a process that develops, funds, and implements emission reduction projects, with the Air District serving a role of administrator ofthe emission reduction projects and verifier ofthe successful mitigation effort. The VERA shall prioritize projects in the area surrounding the new qualifying facility( ies). The tenant/ operator shall continue to fund the VERA each year in an amount necessary to achieve pound for pound mitigation of emissions resulting from not meeting the clean fleet requirements until the owner/tenant/lessee fully complies.

At all times during operation, and to the extent the applicable utility authorizes and has capacity to support, the tenant/ operator ofthe qualifying facility( ies) shall be required to provide electric charging facilities on site sufficient to charge all electric trucks domiciled on the site, and such facilities shall be made available for all electric trucks that use the qualifying facility( ies).

The tenant/ operator ofthe qualifying facility(ies) shall require all forklifts, yard trucks, and other equipment used for on -site movement oftrucks, trailers and warehoused goods, as well as landscaping maintenance equipment used on the site, to be electrically powered or zero -emission. 468
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The tenant/operator shall provide on -site electrical charging facilities to adequately service such electric vehicles and equipment.

EV Compliance Reporting:
o The tenant/operator ofthe qualifying facility(ies) shall procure the zero emission vehicles/ trucks required to meet the " clean fleet" requirements above. Within 30 days of issuance ofthe final certificate of occupancy, the tenant/operator shall submit a condition of approval compliance report outlining compliance with each clean fleet requirement applicable and including documentation demonstrating compliance with each requirement. The tenant/operator shall submit similar reports every two years thereafter until full compliance with the applicable clean fleet requirements is achieved. The City shall consider each report at a noticed public hearing and determine whether the tenant/ operator has complied with the applicable clean fleet requirements. If the tenant/ operator has not met each 100% clean fleet requirement by December 31, 2027, then the tenant/operator shall submit reports annually until the 100% clean fleet requirement is implemented. The City shall consider each subsequent report at a noticed public hearing and determine whether the Operator has complied with the clean fleet requirements, including any minimal adjustments to the requirements by the CDD to accommodate the manufacturing disruption or unavailability of commercially available vehicles/trucks, as described above. Notice ofthe above hearings shall be provided to all properties located within 1, 000 feet of the qualifying facility( ies) site and through the ASK Stockton list serve.
o After the 100% clean fleet requirement has been implemented and confirmed by the CDD, the tenant/ operator shall submit to the CDD an on -going compliance report every three years containing all necessary documentation to verify that the clean fleet requirements are being met. At the time it confinns that the 100% clean fleet requirement has been implemented, the CDD will establish the due date for the first on- going compliance report. Each subsequent on -going compliance report shall be due within 30 days of, but not later than, the three- year anniversary of the preceding due date. The ongoing compliance reports and accompanying documentation shall be made available to the public upon request
For qualifying facilities at which cold storage and associated transport refrigeration units (TRUs) are proposed or may be a future use, unless the owner of the facility records a covenant on the title of the underlying property ensuring that the property cannot be used to provide cold storage, a conduit shall be installed during construction ofthe building shell from the electrical room to 100% of the loading dock doors that have potential to serve the refrigerated space. Iftenant improvement building permits are issued for any such cold storage space, electric plug- in units shall be installed at every dock door servicing the cold storage space to allow TRUs to plug in and truck operators with TRUs shall be required to utilize the electric plug- in units when at loading docks serving such refrigerated space.

Prior to the issuance of the first building pen -nit, the applicant/ developer shall demonstrate compliance with the SJVAPCD Rule 9510 ( Indirect Source Review) to reduce growth in both NOx and PM10 emissions, as required by SJVAPCD and City requirements. 10 469
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The tenant/ operator of the qualifying facility(ies) shall enroll and participate the in SmartWay program for eligible businesses.

Truck Routes and Ingress/ Egress:
o Entry gates into the loading dock/truck court area ofthe qualifying facility(ies) shall be sufficiently positioned to ensure all trucks and other vehicles are contained onsite and inside the property line. Queuing, or circling of vehicles, on public streets immediately pre- or post -entry to an industrial commerce facility is strictly prohibited unless queuing occurs in a deceleration lane or right turn lane exclusively serving the qualified facility(ies).
o Applicants shall submit to the CDD, and obtain approval of, all turning templates to verify truck turning movements at entrance and exit driveways and street intersection adjacent to industrial buildings prior to entitlement approval. Unless not physically possible, truck entries shall be located on collector streets ( or streets of a higher commercial classification), and vehicle entries shall be designed to prevent truck access on streets that are not collector streets ( or streets of a higher commercial classification), including, but not limited to, by limiting the width of vehicle entries. o Prior to issuance of certificate of occupancy, the tenant/ operator of the qualifying facility( ies) shall establish and submit for approval to the CDD a truck routing plan to and from the State Highway System based on the City' s latest Truck Route Map. The plan shall describe the operational characteristics of the use of the tenant/ operator, including, but not limited to, hours of operations, types ofitems to be stored within the building, and proposed truck routing to and from the proposed facility(ies) to designated truck routes that avoids passing sensitive receptors, to the greatest extent possible. The plan shall include measures, such as signage and pavement markings, queuing analysis and enforcement, for preventing truck queuing, circling, stopping, and parking on public streets. The tenant/ operator shall be responsible for enforcement ofthe plan. A revised plan shall be submitted to the CDD prior to a business license being issued by the City for any new tenant/ operator of the property. The CDD shall have discretion to determine if changes to the plan are necessary including any additional measures to alleviate truck routing and parking issues that may arise during the life ofthe facility( ies). Signs and drive aisle pavement markings shall clearly identify the onsite circulation pattern to minimize unnecessary on -site vehicular travel.
o The tenant/ operator of the qualifying facility( ies) shall post signs, that may be required by the City, in prominent locations inside and outside of the building indicating that off -site parking for any employee, truck, or other operation related vehicle is strictly prohibited.

City may require facility operator to post signs on surface or residential streets indicating that off -site truck parking is prohibited by City ordinance and/ or the Truck Routing Plan. o Signs shall be installed, as required by the City, at all qualifying facility( ies) truck exit driveways directing truck drivers to the truck route as indicated in the Truck Routing Plan and State Highway System.
o Upon commencement of operations, the tenant/ operator of the qualifying facility( ies) shall be required to restrict truck idling onsite to a maximum of three minutes, subject to exceptions defined by CARB' s commercial vehicle idling requirements. The facility must II
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post highly -visible signs identifying these idling restrictions at the site entry and at other on -site locations frequented by truck drivers and include these restrictions in employee training and guidance material.
o Signs at the qualifying facility(ies) shall be installed, as required by the City, in public view with contact information for a local designated representative who works for the facility(ies) operator and who is designated to receive complaints about excessive dust, fumes, or odors, and truck and parking complaints for the site, as well as contact information for the San Joaquin Valley Air Pollution Control District' s on- line complaint system and its complaint call -line: 1- 800-281- 7003. Any complaints made to the facility(ies) operator' s designee shall be answered within 72 hours ofreceipt.

Workforce - Related Mitigation:
o Prior to issuance of occupancy permits, the applicant/ developer shall demonstrate to the satisfaction ofthe City, that the proposed parking areas for employee passenger automobiles are designed and will be built to accommodate EV charging stations, at no cost to employees. At minimum, the parking areas and the number of EV charging stations for employee passenger automobiles shall equal the Tier 1 Nonresidential Voluntary Measures of the California Green Building Standards Code, Section A5. 106. 5. 3. 1.
o Prior to issuance of occupancy pen -nits, the applicant/developer shall demonstrate to the satisfaction of the City, that the proposed parking areas for passenger automobiles are designed and will be built to provide parking for low -emitting, fuel -efficient, and carpool/ van vehicles. At minimum, the number of preferential parking spaces for passenger automobiles shall equal the Tier 1 Nonresidential Voluntary Measures ofthe California Green Building Standards Code, Section A5. 106. 5. 1. 1. o The tenant/operator ofthe qualifying facility(ies) shall establish locations for food or catering truck service and cooperate with food service providers to provide consistent food service to operations employees.
o The tenant/ operator ofthe qualifying facility( ies) shall provide employees transit route and schedule infonmation on systems serving the qualifying facility(ies) area and coordinate ridesharing amongst employees.
o Designated Smoking Areas: The tenant/ operator ofthe qualifying facility( ies) shall ensure that any outdoor areas allowing smoking are at least 25 feet from the nearest property line.

Yard Sweeping: Owners, operators or tenants of the qualifying facility(ies) shall provide periodic yard and parking area sweeping to minimize dust generation Diesel Generators: Owners, operators or tenants of the qualifying facility( ies) shall prohibit the use of diesel generators, except in emergency situations ( including when the utility delays a facility' s new electrical service connection), in which case such generators shall have Best Available Control Technology ( BACT) that meets CARB' s Tier 4 emission standards. 12 471
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Additional Miti
tion
To the extent a qualifying facility seeks and secures a Development Agreement with/from the City, the applicant, or its successor in interest, and the City shall comply with Government Code section 65865. 1 and Stockton Development Code section 16. 128. 110. The City shall schedule a public hearing at the Planning Commission, with notice to all affected parties, at least every 12 months after approval of the Development Agreement, to receive and discuss the annual report on the status ofthe qualifying facility(ies)' s compliance with the Development Agreement. At those same hearings, the City shall review all the qualifying facility(ies)' s mitigation measures and conditions of approval for compliance.

Applicants seeking one or more discretionary pen -nits for proposed qualifying facility(ies) shall engage in a community outreach effort to engage the existing community in determining issues of concern that can be addressed through site design and other means during the land use entitlement process. Suggested outreach efforts include but are not limited to, hosting community meetings, making presentations at advisory and community councils, and hosting job fairs. 13 472

ATTACHMENT D

SIERRA CLUB LETTER

TO PLANNING COMMISSION
473

SIERRA CLUB

DELTA -SIERRA GROUP
1tAMER LC E CvMER
November 30, 2022
City of Lathrop Planning Commissioners
390 Towne Centre Drive
Lathrop, California
Via [email protected]. ca. us
Re: 9. 1 Lathrop Crossroads Industrial Project Site Plan Review SPR- 22- 64; Initial Study/ Mitigated Negative Declaration for the Lathrop Crossroads Industrial Project located at 1101 D' Arcy Parkway, Lathrop, CA Dear Lathrop Planning Commissioners,
We request that the Initial Study/ Mitigated Negative Declaration for the Lathrop Crossroads Industrial Project not be adopted, nor either project options approved. Instead a complete EIR must be prepared to more fully analyze the energy needs and air quality impacts associated with either of the proposed projects, option 1 or option 2. Attached is an excerpt of the Initial Study/ Mitigated Negative Declaration for the Lathrop Crossroads Industrial Project sections that are the basis for additional environmental review.

The Attorney General' s office has prepared a best practices document, which outlines additional mitigation measures not included for consideration.

Warehouses over 100, 000 can generate significant truck trips ( approximately 10, 638 miles daily is the estimate) that negatively impact air quality and our region is classified as non -attainment and issues relating to PM2. 5 exist which must be mitigated. The air quality modelling that was performed was for gasoline engine and the land use specified as a refrigerated warehouse. Refrigerated warehouses require refrigerated diesel trucks for transport. While the hazards of diesel were discussed, the air quality impacts associated with diesel trucks was not considered. The large size of the parking lot suggests that there will be the possibility of overnight truck parking which must be mitigated by having electric plug ins so that the diesel engines do not run continuously emitting the hazardous emissions referenced in the initial study.

We urge further review of possible mitigation measures to lessen the impact on residents and nearby communities
Sincerely,
Mary Elizabeth, M. S., R. E. H. S.

Delta -Sierra Group Conservation Chair, Sierra Club
mebethgoutlook. com
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Excerpts of the Initial Study'
Project Description: The project proposes to develop approximately 25 acres of vacant land currently used for percolation of treated wastewater. Two development options are proposed: 1) a single building of approximately 453, 904 square feet of floor area; 2) development of three buildings with a total floor area of 396, 179 square feet. Under both options, the buildings would be available for manufacturing or warehouse activities. Access would be provided from adjacent D' Arcy Parkway. New on -site water and sewer lines would be connected to existing City mains in the adjacent street vicinity; the project proposes a storm drainage collection system that would include detention ponds and that would ultimately discharge into the City' s storm drainage system
As indicated in the CaIEEMod run ( see Appendix A), the maximum VMT generated by traffic associated with project development ( under Alternative 1) would be 3, 882, 805 annually under unmitigated conditions, or approximately 10, 638 miles daily. Based on estimates by SJCOG, such vehicle traffic would consume approximately 304, 212 gallons of gasoline and diesel fuel daily. With the project features and regulations that would mitigate GHG emissions, as described in Chapter

10. 0, Greenhouse Gas Emissions, total annual maximum VMT would be 3, 254, 657, or 8, 917 miles daily. Project vehicle traffic under this condition would consume approximately 254, 998 gallons of gasoline and diesel fuel daily - a decrease of approximately 16. 2% from business -as -usual conditions.

Under the Alternative 2 scenario, daily gasoline and diesel fuel consumption under unmitigated and mitigated conditions would be approximately 262, 632 gallons and 220, 957 gallons, respectively.

APPENDIX A AIR QUALITY MODELING RESULTS
EMFAC Off -Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied

1. 1 Land Usage
Land ttaos I
Sae I
Meu,c
I Lot Acreage I r-l" Surfwe Area
Refrigetatod Warehouso- No Rail 458IM 1000u1ft 2143 458 9(} 4 00 ; 0 L...,.......................... t---_-_---- --------_---_ j.---_-_ - -----_-.__-_ _ j....... ........

Parwng Lai 395 t70 Space 3 55 158 UDd 00 0
1 https:// files. ceganet. opr.ca gov/ 281901- 1/attachment/ AmWOWZz7d8MgB6w6QtPL4u64HnLaILTPiGL9v4i- MB JIbL7isEJ9ATiYvsymJmzdue3y82NK3Ww5cw60 475
F i 1 ed Doc q: 39- 12@22022- 397 Print Form 12102/ 2022 01: 51: 57 PM Steve J. Bestolarides..

A f l ENT J, l
San Joaquin Coun. y C1
Notice of Determination Appendix D
To: From:

Office of Planning and Research Public Agency: City of Lathrop CDD U. S. Marl: StreetAddress: Address: 390 Towne Centre Drive Lathrop, CA 95330 P. O. Sox 3044 1400 Tenth St., Rm 113 Sacramento, CA 95812- 3044 Sacrarnento, CA 95814
Contact: Trent DaDait, Assistant Planner
Phone:{ 209) 491- 7261
County Clerk
County of: San Joaquin Lead Agency ( if different from above}:

Address: 44 N. San Joaquin St# 260 5AME
Stockton, CA 95202 Address:

Cantaci:

Phone;
SUBJECT: Filing of Notice of Defermination in compliance with Section 21 i08 or 21152 of fhe Public Resources Code.

State Ciearinghouse Number( if submitted ta State Clearinghouse): 2022090562 Project Title: Lathrop Crossroads Industrial
Project Applicant: Richland Crossroads, L. P.

Praject Location ( include county): 1161 D'Arcy_Pkwy Lathro San Joaquin APN: 198- 130- 54 - 55 - 56 - 57, &- 58 Project Description:

The project proposes# o develop approximately 25 acres of vacant land within an existing industrial park.

Two devefopment options are proposed: 1) a single 448, 904 square foot building; 2) three buildings tota{ ing 386, 179 square feet. Under both options, the buildings would be availabie for warehouse and industrial uses.

This is to advise that tne Lathrop Planning Commission has approved the above Lead Agency or Responsibie Agency)
described project on November 30, 2022 and has made the following determinations regarding the above date)
described projact.

1. The project[[ will ( i Nrill notj have a significant effect on the environment.

2. An Environmental Impact Report vvas prepared for this project pursuant to the provisions o( CEQA.

A Negative Declaration was prepared for this project pursuant to the provisions of CEQA.

3. Mitigation measures [ were were nat] made a conditian o( the approval of the project.

4. A mitigatian reporting or monitoring plan [ was was not] adopted for this project.

5. A statement of Overriding Considerations[ 0 was tivas not] adapted for this project.

6. Findings [ were were not] made pursuant to the provisions of CEQA.

This is to certi` y that the finaf EIR with comments and responses and record of project approval, or the negative Decfaration, is available to the Generai Public at:

Lathrop City Hall: 390 Towne Centre Dri Lat op, CA 95330 Signature ( Public Agency} i__Title: Assistant Planner
Date: December 2, 2022 Date Received for filing at OPR:
v L0 2
Autharity cited: Sections 21083, Public Resources Code.

Reference Section 21000- 21174, Pubiic Resources Code. Revised 201 1 476
ITEM 5. 4

CITY MANAGER' S REPORT
FEBRUARY 13, 2023 CITY COUNCIL REGULAR MEETING
ITEM: OUT- OF- STATE TRAVEL APPROVAL FOR THE 2023

SAN ) OAQUIN COUNTY ONE- VOICE TRIP
RECOMMENDATION: Adopt Resolution Authorizing Out-of-State Travel for the 2023 San ] oaquin One Voice Trip to
Washington, D. C. from May 6- 11, 2023, and
Approval of Related Budget Amendment
CEQA Status: The Activity is not a Project as Defined in Section 15378 of the State CEQA Guidelines
BACKGROUND:

Over the past several years, City ofFicials have participated in approximately seventeen ( 17) San Joaquin One Voice visits to Washington D. C., to promote jurisdictional projects and needs. This year, the conference will be from May 6, 2023 through May 11, 2023. In order to prevent a quorum from doing City business during the trip, attendees have traditionally been limited to two ( 2) members of the Council, one of whom may include the Mayor.

City policy requires Council approval for all out- of-state travel. Additionally, commencing with the FY 2012/ 13 budget process, Council voted to eliminate the One Voice expense from the City Council' s budget. The same was done for subsequent fiscal years. The travel funds were removed from the Council budget with the notion that if Council elected to have one or two Councilmembers attend this event, a budget amendment would be required depending on the selected option.

The City Manager' s travel budget was kept unchanged, therefore, if Council elects to send the City Manager to attend this event, funds are available in the current budget. If Councilmembers are interested in attending, the following options are available for consideration.

Options Include Cost Budget
Amendment

1. Send 2 Council Members & Cit Mana er A rox. $ 13, 800 A prox. $ 9, 200

2. Send 1 Council Member & Cit Mana er A rox. $ 9, 200 A rox. $ 4, 600

3. Send 1 Council Member A prox. $ 4, 600 A prox. $ 4, 600

4. Send Cit Mana er A rox. $ 4, 600 None

5. Do not send re resentatives in 2023 None None
This report identifies estimated costs to attend the One Voice visit this year. 477
CITY MANAGER' S REPORT PAGE 2
FEBRUARY 13, 2023 CITY COUNCIL REGULAR MEETING
2023 ONE- VOICE TRIP OUT- OF- STATE TRAVEL
REASON FOR RECOMMENDATION:

This trip helps to promote regional projects. In addition, the City has benefited with more than $ 1, 790, 000 in federal appropriations from its efforts over the past seventeen ( 17) years.

FISCAL IMPACT:

Depending on tonight' s decision by Council, a budget amendment from the General Fund Reserves to the City Council Training and Travel Account ( Fund 1010- 11- 10- 435- 20- 00) will be required to fund Council participants to attend this years' One Voice Legislative Event. The budget amendment amount may vary depending on the option selected by Council.

Options Include Cost Budget
Amendment

1. Send 2 Council Members & Cit Mana er A rox. $ 13, 800 A rox. $ 9, 200

2. Send 1 Council Member & Cit Mana er A rox. $ 9, 200 A rox. $ 4, 600

3. Send 1 Council Member A rox. $ 4, 600 A prox. $ 4, 600

4. Send Cit Mana er A rox. $ 4, 600 None

5. Do not send representatives in 2023 None None
ATTACHMENTS:

A. Resolution Authorizing Out- of-State Travel
B. San ) oaquin One Voice 2023 Registration Information 478
CITY MANAGER' S REPORT PAGE 3
FEBRUARY 13, 2023 CITY COUNCIL REGULAR MEETING
2023 ONE- VOICE TRIP OUT- OF- STATE TRAVEL
APPROVALS:

Teresa Varga Date
Government Services Director &
City Clerk
0 Cari James Date
Finance Dir ct r
Z - Zoz3
Salvador Navarrete Date
City Attorney
2 •9 •Z3
Ste en J. Salvatore Date
City Manager
479
RESOLUTION NO. 23 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP

AUTHORIZING OUT- OF- STATE TRAVEL FOR THE SAN JOAQUIN ONE VOICE TRIP TO WASHINGTON, D. C. FROM MAY 6, 2023 TO MAY li, 2023, AND

APPROVING RELATED BUDGET AMENDMENT
WHEREAS, over the past several years, City ofFicials have participated in approximately seventeen San Joaquin One Voice visits to Washington D. C., to promote jurisdictional projects and needs; and
WHEREAS, in previous years, the Mayor, a Council Member, and the City Manager have participated on the trip; and
WHEREAS, in order to prevent a quorum from doing City business during the trip, attendees have traditionally been limited up to two ( 2) members of the Council, one of whom may include the Mayor; and
WHEREAS, commencing with FY 2012/ 13 budget process, Council approved to eliminate the One Voice expense from the City Council' s budget. At that time, it estimated a savings of $ 3, 500 for that fiscal year; and WHEREAS, the travel funds for subsequent fiscal years were also removed from the Council budget with the notion that if Council elected to have one or two City Council Members attend the One Voice legislative event, a budget amendment request would come back to Council for approval; and
WHEREAS, the City Manager' s travel budget was kept unchanged, therefore, if Council elects to send the City Manager to attend this years' One Voice legislative event, funds are available; and
WHEREAS, the following options were considered by Council:

Options Include Cost Budget
Amendment

1. Send 2 Council Members & Cit Mana er A rox. $ 13, 800 A rox. $ 9, 200

2. Send 1 Council Member & Cit Mana er Approx. $ 9, 200 Approx. $ 4, 600

3. Send 1 Council Member A rox. $ 4, 600 A rox. $ 4, 600

4. Send City Mana er A prox. $ 4, 600 None

5. Do not send re resentatives in 2023 None None
WHEREAS, the activity is not a Project as defined in Section 15378 of the State CEQA Guidelines.

Resolution No. 23-
480
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop discussed the matter and hereby approves option # to have City and Council participant( s) attend the 2023 One Voice legislative event in Washington, D. C.; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop approve the corresponding budget amendment based on the selected option, from the General Fund Reserves to the City Council training and travel account:

O tion # Bud et Amendment Fund Account
1 9, 200
2 4, 600
3 4, 600 1010- 11- 10- 435- 20- 00
4 N/ A
5 N/ A
The foregoing resolution was passed and adopted this day of 202_, by the following vote of the City Council, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney Resolution No. 23-
481
San .loaquin One Voice A ACHMENT " $ p
The San Joaquin One VoiceO trip to DC is scheduled for May 8- 11, 2023 in Washington, DC*.

The firm of C. J. Lake, LLC is once again scheduling and facilitating our meetings with our Congressional representatives, various transportation officials, and others from USDOT, housing, education, air quality, and water agencies.

Accommodations:

A block of rooms is being reserved at the Hilton Washington DC Capitol Hill Hotel ( formerly Washington Court Hotel) for May 06- 11, 2023. SJCOG has negotiated a group rate of 369 ( plus applicable taxes) for single and double occupancy. More details regarding accommodations will follow.

Link: Click to book a room
Group Name: San Joaquin Council of Governments
Group Code: SJCG
Check- in: 06- MAY- 2023 OR 07- MAY- 2023
Check- out: 11- MAY- 2023
Hotel Name: Hilton Washington DC Capitol Hill
Hotel Address: 525 New Jersey Ave NW Washington,
DC, District of Columbia 20001
Registration:

A $ 175 registration fee is required for each participant attending the 2023 San Joaquin One Voice° trip. The fee is due by April 14, 2023 and includes the costs of your materials, breakfast each day, and the SJCOG sponsored evening reception.

The registration fee for SJCOG Board members ( or their elected designee) is waived, however, we do ask that everyone complete the attached form. Spouses and guests may participate in breakfasts/receptions on a per-diem basis.

Transportation:

Everyone is responsible for booking their own transportation to and from Washington, DC.

SJCOG Board members ( or their elected designee) shall be reimbursed for 50% of their airfare and hotel costs.

Cancellation Policy:

No refund of registration fees for all cancellations after April 21, 2023. Substitutions are accepted.

Additional Information:

A pre- trip planning session will be scheduled in early April ( date and time are pending). We will be discussing logistics for the trip and identifying lead speakers and discussing their roles.

Please note that plans may be subject to change due to the status of COVID- 19 at the time of the trip, ability to meet in person with administration and legislative persons, and travel restrictions
San Joaquin Council of Govemments • 555 East Weber Avenue • Stockton, California 95202 Phone: 209- 235- 0600 • Fax: 209- 235- 0438 • Email: onevoice@sjcog. org 482
qui r e i+ e°
R gi tratic n F'orm
Name Title:

Organization:

Address: City:

State/ Zip: Phone:

Email: Cell Phone:

Cost is $ 175 per person and includes all breakfasts and the Wednesday evening reception.

Registration fees apply to each participant( spouses and/ or guests must pay if they will be participating in any meals) and must be paid by April 14. The reqistration fee is waived for SJCOG Board members. Registration fees underwrite the direct costs of the trip.

Amount Enclosed$
Additional Contact Information:

If you are filling out this registration form for someone and would like to be included in future communication for scheduling purposes please include your contact information below:

Name: Title:

Email: Phone:

Please Note:

The purpose of the San Joaquin One VoiceO trip is to seek federal support or funding for projects of regional significance within San Joaquin County. In order to accomplish this goal, we need to present a unified presence as we meet with Congressional, Legislative, and Departmental representatives to advocate for the regionally significant issues that have been agreed upon during the COG selection process.

We understand many of our public officials do double- duty while in D. C. However, please keep in mind the effectiveness of the scheduled One VoiceO meetings rely on participation from our delegates. Please discuss any separate meetings you may be scheduling with our staff so the One VoiceO meeting schedule can be modified to insure maximum and comprehensive attendance at all One Voice meetings.
v San Joaquin Council of Governments • 555 East Weber Avenue • Stockton, California 95202 Phone: 209- 235- 0600 • Fax: 209- 235- 0438 • Email: onevoice@sjcog. org 483
484
ITEM 6. 1

CITY MANAGER' S REPORT
FEBRUARY 13, 2023 CITY COUNCIL REGULAR MEETING
ITEM: MAYOR' S REFERRAL
RECOMMENDATION: Appointment of One ( 1) Member to the Senior Advisory Commission, with Term Ending, 7une 30,
2024, Due to Unexpired Term Vacancy
SENIOR ADVISORY COMMITTEE — LMC CHAPTER 2. 24
The Committee currently has one ( 1) seat available ( unscheduled vacancy), with existing term ending June 30, 2024.

U sched led ' Qate.of Reappo ntrnent Term Expi ation
Vacancy ApRoin# ment Qate Date
Cammissioner
Syble Tompkins 10/ 11/ 2021 n/ a
6/ 30/ 2024
One ( 1) application was received.

APPLICANT FOR CONSIDERATION:

1. Erica Crowder
485

COMNIISSION/ CUMMITTEE APPLICATION
Applying for: Seruor Advisory Commissiot Member
Yarth Advisory Coa rissinir: Mun bc s lathrop rcaident betvecen 13 0 18 ycars tagc to scrvr oa il is cammission Serilor Adv ssry Coee ritslaA: Must bc 50 ycars of age eK ovcr and n r+c rist red votcr to scrve on this commission.

Ptainiag aad PirrRs dc Recre o+ Cuw A. issroar. Musi bc o LrtM op n idc t at a rc istct ed votc w scrvc PLFASE PRINT t?R TYPE THE FU4LOWING INFORMAT[ Oit:

AN 13 2p
Narnc: Erica L. Crowder K
Addrcss: City: r'0p Zip: g3
Telephone( home Teiephone{ work) __
Teltphane( cell) Telephnne( other) -
EmaiL• Residcnt of thc City of Lathrap: 16
ycars
Do you have Transportatian to attend the Commissioa meetings and Functions? YpCI No Backgrouad Infonaation:

Arc you rciatcd to a currcnt Ciry Employcc" °
if yes. give name and rciations6ip
a
Empby ncnWolunteer tn[ormatlon:

Happy Wande ers RV Club auranliy
Orgrutharinn Da e
8ay Area/ Central VaMay Club Secretary
l.orotion f'osiriorr( s1
ResponsibilitieslaccampUshmcnts; K°°"°" d° t roeee ngs of all dub meetlngs, handle alt c uh c respondence, act in the a ence eF the Tressur.

O+ganizolir r Dale
Locurlan PosUron(. c)
Responsibiliti+ eslaccornplishments:
486
Commuaity Activities thnt yau have been involved with( feel free to attach additional pages) lathrop Senior Center Member cuRe y
Nanie of[)r anizatio Posi ionlRespo rsibililics Uates
Nanie ajUrgan etion PositionlResparrsibitities/ Accoenpli. shnrents Da[rs Special Awards or Recognitions you ave received: " Cerdficate of Appreclatia" in recognition for outstanding service to the Gty oI Sa Frarx; iseo Pa ce Departmeni for perfom ing dulies wifh professionatism in the fineat tradi ons o( public ssnriaa, 22 years, Awarded date of my re6remen 05l'f 3I2022. by V4rdMam Scott, Chief of PoGce.

Edncational Inforaaatioa:

San Frandsoo State Unive sity Bach lor of Arts Giminal, ius ce 2009 Edrrcational/ nstitution Degree/ Diploma Field Year
Clty Cdiege of San Fr ncisco Associate ot Science B ir ess Adn nistration 1982 Fducaliwrullnstitution DegttelDiplonw FieJd Yeur
Additionat Iaformatioa( Ptease protiide m y other injormotio» which yaufee! noutd be rue,fir! tu the City Councr! in reti ie vingyou applicalion.)
Redpient of the Ciy and County of San Francisco( CGSF}" Cert rcate of Honw," presented to me o April 26, 2022, for outstanding servke throughout my career with the CCSF for my efforts and dedlt tion serving the public snd benefilted the Sa Frsndsca Muniapal Transportabon Ayency( MUNi) for fire ye s, arxl most recenNy warked et Ehe S. F, Patice Oepartmerrt, as indicc ted that helped advanoe the DepartmenCe missian to excel law enbresment, provided service with understandinp, cornpassion, and integirity.

AweMed date 84t2fit2Q22 by Lornbn N.& eed. AAayw.

I served as an executi e assistant thraigha t my preer with CCSF, rep ted to the hlghest departmerrt officials.

Please sign and date yoa application and subx u ta the OJffce ofthe City Clerk nt 1hc oddress below» o- 3- 2.023
5ignahtrc patc
Petrnt/Guardian Signaturc( Rrquiredfur l'uulh. 4dvieury CandidaJ c vnly) City Clerk
C ty of i. throp
390 Towae Centre Drive
Lathrop, CA 95330
487
488

Lathrop City CouncilFebruary 13, 2023

Lathrop City Council
February 13, 2023