Agenda packet — Lathrop City Council, February 13, 2023 (part 1 of 3)

February 13, 2023 – Regular Meeting Agenda – 7:00 p.m.

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February 13, 2023 – City Council Regular Meeting – 7:00 p.m.

City Council Chamber
390 Towne Centre Drive
Lathrop, California
(209) 941-7200
www.ci.lathrop.ca.us
City Council
Sonny Dhaliwal, Mayor
Paul Akinjo, Vice Mayor
Minnie Diallo
Diane Lazard
Jennifer Torres-O’Callaghan
City Staff
Stephen Salvatore, City Manager
Salvador Navarrete, City Attorney
Michael King, Assistant City Manager
Teresa Vargas, Government Services
Director / City Clerk
Brad Taylor, City Engineer
Tony Fernandes, Information Systems Director
Cari James, Finance Director
Mark Meissner, Community Development
Director
Todd Sebastian, Parks, Recreation and
Maintenance Services Director
Raymond Bechler, Chief of Police
General Order of Business

1. Preliminary
• Call to Order
• Closed Session
• Roll Call
• Invocation
• Pledge of Allegiance
• Announcements by Mayor/City Mgr.
• Informational Items
• Declaration of Conflict of Interest

2. Presentations

3. Citizen’s Forum

4. Consent Calendar

5. Scheduled Items
• Public Hearings
• Appeals
• Referrals and Reports from
Commissions and Committees
• All Other Staff Reports and/or Action
Items
• Study Sessions

6. Council Communications

7. Adjournment
Order of Discussion
Generally, the order of discussion after introduction
of an item by the Mayor will include comments and
information by staff followed by City Council
questions and inquiries. The applicant, or their
authorized representative, or interested residents,
may then speak on the item; each speaker may only
speak once to each item. At the close of public
discussion, the item will be considered by the City
Council and action taken.

Consent Calendar
Items on the Consent Calendar are considered
routine by the City Council and will be enacted by one
motion and one vote. There will be no separate
discussion of these items unless a Councilmember or
interested resident so requests, in which case the
item will be removed from the Consent Calendar and
considered separately.
1 February 13, 2023 Lathrop City Council Regular Meeting Agenda Page 1 IMPORTANT NOTICE REGARDING THIS MEETING & COVID-19
This public meeting will be conducted in person; all members of the City Council will attend in person. Members of the public are welcomed in person. Please adhere to COVID-19 and social distancing guidelines. This meeting will also be available for public participation by teleconference via ZoomGov at the following link:
https://www.zoomgov.com/j/1610427988?pwd=dWVwbkZzZWQyeXpDNjF EcXVCUHBMdz09
During the meeting, those joining by ZoomGov, will be allowed to speak prior to the close of public comment on an item. If you are using this method, please “raise the hand” feature to inform the City Clerk (meeting host) you wish to speak on the matter.

Please ensure your computer speaker and microphone are fully functional.

For audio / calling in only, dial: +1 (669) 254-5252 or +1 (669) 216-1590 o To request to speak (same as the “raise hand” feature) press *9 / When the City Clerk calls your name, press *6 to unmute.

Meeting Webinar ID: 161 042 7988 / Passcode: 494516
If you are not able to attend the meeting in person or virtually - Public comment/questions will be accepted by email to City Clerk Teresa Vargas at [email protected] or by calling (209) 941-7230 Questions or comments must be submitted by 4:00 p.m., on the day of the meeting.

To address City Council in person, please submit a purple card to the City Clerk indicating name, address, and number of the item upon which a person wishes to speak.

Council Meetings are live-streamed (with Closed Captioning) on Comcast Cable Channel 97, and on the City Council Webpage: https://www.ci.lathrop.ca.us/citycouncil/page/live-stream Addressing the Council
Any person may speak once on any item under discussion by the City Council after receiving recognition by the Mayor. Purple speaker cards will be available prior to and during the meeting. To address City Council, a card must be submitted to the City Clerk indicating name, address and number of the item upon which a person wishes to speak. When addressing the City Council, please walk to the lectern located in front of the City Council. State your name and address. In order to ensure all persons have the opportunity to speak, a time limit will be set by the Mayor for each speaker (see instructions on speaker form). In the interest of time, each speaker may only speak once on each individual agenda item; please limit your comments to new material; do not repeat what a prior speaker has said. If you challenge the nature of a proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. 2 February 13, 2023 Lathrop City Council Regular Meeting Agenda Page 2 Citizen’s Forum
Any person desiring to speak on a matter, which is not scheduled on this agenda, may do so under the Citizen’s Forum section. Please submit your purple speaker card to the City Clerk prior to the commencement of Citizen’s Forum, or submit your request to speak via the “raise hand” feature in ZoomGov. Only those who have submitted speaker cards, or have expressed an interest to speak, prior to the conclusion of Citizen’s Forum will be called upon to speak.

Please be aware the California Government Code prohibits the City Council from taking any immediate action on an item, which does not appear on the agenda, unless the item meets stringent statutory requirements. The Mayor will limit the length of your presentation (see instructions on speaker form) and each speaker may only speak once on this agenda item.

Please note, the Council Chamber has limited occupancy due to social distancing.

To leave a voice message for all Councilmembers simultaneously, dial (209) 941-7230. To send an e-mail for Councilmembers simultaneously email: [email protected]. This City Council Agenda and meeting materials can be accessed by computer or any smart device at: https://www.ci.lathrop.ca.us/meetings
General Information
For reports citing supplemental documents relating to specific agenda items, these are available for review in the City Clerk’s Office. This agenda was posted at the following locations: City Hall, Community Center, Generations Center, Senior Center, and the LathropManteca Fire District “J" Street and Somerston Parkway Offices. The meetings of the Lathrop City Council are broadcast on Lathrop Comcast Cable Television Channel 97 and live streamed on the City’s website.

Assistance will be provided to those requiring accommodations for disabilities in compliance with the Americans with Disabilities Act of 1990. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility and/or accommodations to this meeting. [28 CFR 35.102-35.104 ADA Title II] Interested persons must request the accommodation at least 2 working days in advance of the meeting by contacting the City Clerk at (209) 941-7230. Information about the City or items scheduled on the Agenda may be referred to:

Teresa Vargas, MMC
Government Services Director / City Clerk
390 Towne Centre Drive
Lathrop, CA 95330
Telephone: (209) 941-7230
3 February 13, 2023 Lathrop City Council Regular Meeting Agenda Page 3

CITY OF LATHROP

CITY COUNCIL REGULAR MEETING
MONDAY, FEBRUARY 13, 2023
7:00 P.M.

COUNCIL CHAMBER, CITY HALL
390 Towne Centre Drive
Lathrop, CA 95330
AGENDA
PLEASE NOTE: There will be a Closed Session commencing at 6:30 p.m. The Regular Meeting will reconvene at 7:00 p.m., or immediately following the Closed Session, whichever is later.

1. PRELIMINARY

1.1 CALL TO ORDER

1.2 CLOSED SESSION

1.2.1 CONFERENCE WITH LEGAL COUNSEL: Anticipated Litigation - Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(b) and 54956.9(e)(1)
• 1 Potential Case(s)

1.2.2 CONFERENCE WITH REAL PROPERTY NEGOTIATORS: Pursuant to Government Code Section 54956.8
Property APN: 192-020-47 & 192-020-4
(Addresses not available at this time)
Agency Negotiator: Stephen J. Salvatore, City Manager
Negotiating Parties: Carroll A. Stanley and Maria E. Stanley Under Negotiation: Price and Terms of Negotiations

RECONVENE

1.2.3 REPORT FROM CLOSED SESSION

1.3 ROLL CALL

1.4 INVOCATION

1.5 PLEDGE OF ALLEGIANCE

1.6 ANNOUNCEMENT(S) BY MAYOR / CITY MANAGER

1.7 INFORMATIONAL ITEM(S) – NONE

1.8 DECLARATION OF CONFLICT(S) OF INTEREST
4 February 13, 2023 Lathrop City Council Regular Meeting Agenda Page 4

2. PRESENTATIONS

2.1 PROCLAMATION DECLARING FEBRUARY AS BLACK HISTORY MONTH

2.2 INTRODUCTION OF NEW EMPLOYEES:

Lathrop Police Department
• Elisah Harvey, Animal Shelter Supervisor
• Marina Millard, Police Records Assistant
• Melissa Rossi, Police Records Assistant
• Janet Garza, Police Officer
• Jacky, K-9 Officer
o Police Handler - Officer Vannack Sabou
• Kane, K-9 Officer
o Police Handler - Officer Coleman Elliott
• Rico, K-9 Officer
o Police Handler - Officer Nicole Valker
Community Development Department
• James Michael, Senior Planner

3. CITIZEN’S FORUM
Any person desiring to speak on a matter, which is not scheduled on this agenda, may do so under Citizen’s Forum. Please submit a purple speaker card to the City Clerk prior to the commencement of Citizen’s Forum. Only those who have submitted speaker cards, or have expressed an interest to speak, prior to the conclusion of Citizen’s Forum will be called upon to speak. Please be aware the California Government Code prohibits the City Council from taking any immediate action on an item, which does not appear on the agenda, unless the item meets stringent statutory requirements. The City Council can, however, allow its members or staff to briefly (no more than five (5) minutes) respond to statements made, to ask questions for clarification, make a brief announcement or report on his or her own activities. (See California Government Code Section 54954.2(a)). Unless directed otherwise by a majority of the City Council, all questions asked and not answered at the meeting will be responded to in writing within 10 business days. ALL PUBLIC COMMENTS MUST BE

MADE IN COMPLIANCE WITH THE LATHROP CITY COUNCIL HANDBOOK OF RULES AND PROCEDURES!

4. CONSENT CALENDAR
Items on the Consent Calendar are considered routine by the City Council and will be enacted by one motion and one vote. There will be no separate discussion of these items unless the Mayor, Councilmember, or citizen so requests, in which event the item will be removed from the Consent Calendar and considered separately.
5 February 13, 2023 Lathrop City Council Regular Meeting Agenda Page 5

4.1 WAIVING OF READING OF ORDINANCES AND RESOLUTIONS
Waive the Reading in Full of Ordinances and Resolutions on Agenda and Adopt by Reading of Title Only, Unless Otherwise Requested by the Mayor or a Councilmember

4.2 APPROVAL OF MINUTES
Approve Minutes for the Special Council Meeting of December 12, 2022

4.3 TREASURER’S REPORT FOR DECEMBER 2022
Approve Quarterly Treasurer’s Report for December 2022
CEQA STATUS: Not a Project as defined in Article 20, § 15378 of the California Environmental Quality Act (CEQA) Guidelines

4.4 REVIEW OF THE CAPITAL FACILITY FEE FUNDS REPORT FOR FY 2021 2022
Review of the Capital Facility Fee Funds Report for Fiscal Year 2021-22 CEQA STATUS: Not a Project as defined in Section 15378 of the StateCEQA Guidelines

4.5 APPROVE OUT-OF-STATE TRAVEL FOR CITY STAFF TO PARTICIPATE IN THE ICSC CONFERENCE IN MAY 2023
Adopt Resolution Authorizing Out-of-State Travel for Two City Staff Members to Attend and Represent the City of Lathrop at the International Council of Shopping Centers (ICSC) 2023 Conference in Las Vegas, Nevada from May 21, 2023 to May 23, 2023
CEQA STATUS: Staff has determined that this is not a Project as defined in Section 15378 of the CEQA Guidelines

4.6 APPROVE GIS SOFTWARE AND ENTERPRISE LICENSE AGREEMENT Adopt Resolution Approving a 3-Year Term Enterprise License Agreement with Environmental Systems Research Institute, Inc. for the Geographic Information System (GIS)
CEQA STATUS: Not a Project as defined in Section 15378 of the California Environmental Quality Act (CEQA) Guidelines

4.7 APPROVE TASK ORDER NO. 12 FOR DE NOVO PLANNING GROUP TO UPDATE THE CITY’S GENERAL PLAN HOUSING ELEMENT FOR THE 6th CYCLE (2023-2031)
Adopt Resolution Approving Task Order No. 12 with De Novo Planning Group to Update the City’s General Plan Housing Element for the 6th Cycle (2023-2031)
CEQA STATUS: Not a Project as Defined in Article 20, § 15378 of the California Environmental Quality Act (CEQA) Guidelines

4.8 APPROVE PROFESSIONAL SERVICES AGREEMENT WITH FRUIT
GROWERS LABORATORY, INC., FOR THE LATHROP CONSOLIDATED
TREATMENT FACILITY PERMIT COMPLIANCE, CIP WW 20-17
6 February 13, 2023 Lathrop City Council Regular Meeting Agenda Page 6 Adopt Resolution Approving Professional Services Agreement with Fruit Growers Laboratory, Inc., for Water Quality Testing Laboratory, CIP WW 20-17 Lathrop Consolidated Treatment Facility Surface Water Discharge CEQA STATUS: Environmental review for the Surface Water Discharge Project, CIP WW 20-17 as a whole was completed in the Certified Final Environmental Impact Report (EIR) (State Clearinghouse No. 2019110339)

4.9 APPROVE AMENDMENT NO. 2 WITH EKI TO UPDATE THE INTEGRATED WATER RESOURCES MASTER PLAN, CIP PW 22-19 AND CIP WW 22-24

AND APPROVE BUDGET AMENDMENT
Adopt Resolution Approving Amendment No. 2 with EKI Environment & Water, Inc. to update the Integrated Water Resources Master Plan, CIP PW 22-19 & CIP WW 22-24 and Approve Budget Amendment
CEQA STATUS: The project is exempt according to California Environmental Quality Act Article 18 §15262, “Feasibility and Planning Studies”

4.10 AUTHORIZE FUNDING OF ONE (1) POLICE LIEUTENANT AND ONE (1)

ADDITIONAL SCHOOL RESOURCE OFFICER FOR THE LATHROP POLICE

DEPARTMENT, AMEND COMMUNITY SERVICES SUPERVISOR JOB

DESCRIPTION, AND APPROVE RELATED BUDGET AMENDMENT
Adopt Resolution Authorizing the Funding of One (1) Lieutenant Position, One (1) Additional School Resource Officer, Amending the Job Description of the Community Service Supervisor, Amending the Position Control Roster, and Approving the Related Budget Amendment CEQA STATUS: Not a Project as Defined in Section 15378 of the State CEQA Guidelines

4.11 AUTHORIZE TASK ORDER NO. 6 WITH KNN PUBLIC FINANCE FOR

MUNICIPAL ADVISORY SERVICES
Adopt Resolution Authorizing Task Order No. 6 With KNN Public Finance for Municipal Advisory Services Related to the Potential Refinancing of Mossdale Village Refunding 2013 Series A
CEQA STATUS: Not a Project as defined in Article 20, § 15378 of the California Environmental Quality Act (CEQA) Guidelines

4.12 VALIDATION OF THE 2022 FINDING OF ADEQUATE PROGRESS IN THE

MOSSDALE TRACT AREA
Adopt Resolution Validating the 2022 Urban Level of Flood Protection (ULOP) Finding of Adequate Progress in the Mossdale Tract Area (Formally referred as Reclamation District 17 Basin), Acting as the Land Use Agency
CEQA STATUS: The project is exempt according to the California Environmental Quality Act (CEQA) Article 18, § 15262 “Feasibility and Planning Studies”
7 February 13, 2023 Lathrop City Council Regular Meeting Agenda Page 7

4.13 ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY BOCKMON & WOODY CO., INC. FOR THE JOHNSON FERRY ROAD STREETLIGHT
INSTALLATION, CIP PS 23-04
Adopt Resolution Accepting Public Improvements Constructed by Bockmon & Woody Co., Inc., for the Johnson Ferry Road Streetlight Installation, CIP PS 23-04; Authorize the Filing of a Notice of Completion, Release of Contract Retention, and Release of Performance and Payment Bonds
CEQA STATUS: The project is exempt according to the California Environmental Quality Act (CEQA) Article 19, § 15301 Class 1 “Existing Facilities”

4.14 RATIFY CITY MANAGER ACTION FOR PURCHASE OF FOUR (4) NEW

POLICE VEHICLES, APPROVAL OF VARIOUS AGREEMENTS FOR THE

LATHROP POLICE DEPARTMENT, AND APPROVAL OF RELATED BUDGET

AMENDMENT
Adopt Resolution Ratifying City Manager Action for Purchase of Three (3) 2022 Police Ford Utility Interceptors from Downtown Sacramento Ford, Ratifying Purchase for One (1) 2023 Chevy Police Tahoe from Future Chevrolet, Approving Change Order No. 3 with NextGen Alpha Upfitting for the Purchase and Installation of Police Vehicle Equipment, Approving Change Order No. 1 with Continental Collision for Auto-Body Paint Service, and Approving Related Budget Amendment
CEQA STATUS: Not a Project as Defined in Section 15378 of the State CEQA Guidelines

5. SCHEDULED ITEMS

5.1 PUBLIC HEARING (PUBLISHED NOTICE) TO CONSIDER COMMUNITY

DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT

PARTNERSHIP ACT (HOME) PROGRAM ALLOCATIONS FOR FISCAL YEAR 2023/2024
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.
8 February 13, 2023 Lathrop City Council Regular Meeting Agenda Page 8

5.2 CITY COUNCIL DISCUSSION REGARDING REGULATION AND

LIMITATION OF HOTEL ESTABLISHMENTS
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: The project is exempt according to the California Environmental Quality Act (CEQA) Article 5, § 15061(b)(3), by the “Common Sense Exemption”.

5.3 CONSIDER APPEAL OF THE PLANNING COMMISSION’S DECISION TO

APPROVE THE LATHROP CROSSROADS INDUSTRIAL PROJECT
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 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).

5.4 OUT-OF-STATE TRAVEL APPROVAL FOR THE 2023 SAN JOAQUIN

COUNTY ONE-VOICE TRIP
Adopt Resolution Authorizing Out-of-State Travel for the 2023 San Joaquin 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
9 February 13, 2023 Lathrop City Council Regular Meeting Agenda Page 9

6. COUNCIL COMMUNICATIONS

6.1 MAYOR DHALIWAL REFERRAL: Appointment of One (1) Member to the Senior Advisory Commission with Term Ending June 30, 2024, Due to Unscheduled Term Vacancy.
• One (1) Application Received

6.2 COUNCILMEMBER DIALLO REFERRAL: Discuss Consideration of Renting the Generations Center and Park for a Juneteenth Event, to be Hosted by an Outside Organization.

6.3 MAYOR & COUNCILMEMBER COMMITTEE REPORT(S)
• Central Valley Executive Committee/LOCC (Akinjo/Diallo) • Council of Governments (Lazard/Diallo)
• Integrated Waste Management Solid Waste Division (Akinjo/TorresO’Callaghan) • Reclamation District 17 Joint Powers Authority (Salvatore) • San Joaquin Partnership Board of Directors (Salvatore) • San Joaquin County Commission on Aging (Zavala)
• San Joaquin Valley Air Pollution Control District (Akinjo/Dhaliwal) • Water Advisory Board (Torres-O’Callaghan/Lazard)
• Tri Valley-San Joaquin Valley Regional Rail Authority (Akinjo) • San Joaquin Area Flood Control Agency (Akinjo & Lazard) • LAFCo (Diallo)

6.4 MAYOR & COUNCILMEMBER COMMENT(S)

7. ADJOURNMENT
/Teresa Vargas/
Teresa Vargas, MMC
Government Services Director/
City Clerk
10 ITEM 4. 2

CITY OF LATHROP

CITY COUNCIL REGULAR MEETING
MONDAY, JANUARY 9, 2023
7: 00 P. M.

COUNCIL CHAMBER, CITY HALL
390 Towne Centre Drive
Lathrop, CA 95330

MINUTES
PLEASE NOTE: There was no C/osed Session The Reqular Meetina commenced at 7:00 n. m.

1. PRELIMINARY

1. 1 CALL TO ORDER - Vice Mayor Akinjo called the meeting to order at 7: 00 p. m.

1. 2 ROLL ALL Present: Vice Mayor Akinjo, Councilmembers: Diallo, Lazard and Torres- O' Callaghan.

Absent: Mayor Dhaliwal

1. 3 INVOCATION - Vice Mayor Akinjo led a moment of silence.

1. 4 PLEDGE OF ALLEGIANCE - Councilmember Lazard led the pledge of allegiance.

1. 5 ANNOUNCEMENT( S) BY MAYOR/ CITY MANAGER
City Manager Stephen Salvatore provided a winter storm update, including information regarding local flood levels, river and reservoir elevations, rainfall data, sand bag information.

1. 6 INFORMATIONAL ITEM( S) - None

1. 7 DECLARATION OF CONFLICT( S) OF INTEREST - None

2. PRESENTATIONS

2. 1 ECONOMIC DEVELOPMENT QUARTERLY UPDATE
Economic Development Administrator Shelley Burcham provided a presentation related to economic development activity for the fourth quarter of 2022.

January 9, 2023 Lathrop City Council Regular Meeting Minutes Page 1 11 2. 2 LATHROP POLICE DEPARTMENT SIX MONTH UPDATE
Chief of Police Raymond Bechler provided the presentation, including a an overview on staffing, patrol statistics, investigations division, programs for the public, law enforcement technology, fleet, property and evidence, animal shelter services, events, regional involvement, and the crime map deployment on the police department' s website. A question and answer period followed.

3. CITIZEN' S FORUM - None

4. CONSENT CALENDAR
On a motion by Councilmember Torres- O' Callaghan, seconded by Councilmember Lazard, the City Council approved the Consent Calendar, by the following roll call vote, unless otherwise indicated:

Ayes: Diallo, Lazard, Torres- O' Callaghan and Akinjo
Noes: None

Absent: Dhaliwal
Abstain: None

4. 1 WAIVING OF READING OF ORDINANCES AND RESOLUTIONS
Waived the reading in full of ordinances and resolutions on agenda and adopt by reading of title only, unless otherwise requested by the Mayor or a Councilmember.

4. 2 APPROVAL OF MINUTES
Approved Minutes for the Special Council Meeting of December 12, 2022.

4. 3 APPROVAL OF MINUTES
Approved Minutes for the Regular Council Meeting of December 12, 2022.

4. 4 APPROVE OUT- OF- STATE TRAVEL FOR CITY STAFF TO PARTICIPATE IN THE IAMC SPRING FORUM IN APRIL 2023
Adopted Resolution 22- 5198 authorizing out- of- state travel for the Economic Development Administrator to attend and represent the City of Lathrop at the Industrial Asset Management Council' s Spring 2023 Forum in Biloxi, Mississippi from March 31, 2023 - April 5, 2023.

CEQA STATUS: Staff has determined that this is not a Project as defined in Section 15378 of the CEQA Guidelines.

January 9, 2023 Lathrop City Council Regular Meeting Minutes Page 2 12 4. 5 APPROVE OUT- OF- STATE TRAVEL AUTHORIZING THE PARKS,

RECREATION, AND MAINTENANCE SERVICES DIRECTOR AND
RECREATION MANAGER TO ATTEND THE REC C. A. M. P. ( COMMUNITY

ARCHITECTURE MANAGEMENT AND PLANNING) CONFERENCE IN

BOULDER, COLORADO
Adopted Resolution 22- 5199 authorizing out- of- state travel for the Parks, Recreation, and Maintenance Services Director and Recreation Manager to attend the REC C. A. M. P. ( Community Architecture Management and Planning) Conference, June 5 - 9, 2023, in Boulder, Colorado.

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

4. 6 APPROVE PROFESSIONAL TECHNICAL SERVICES AND SUPPORT

AGREEMENT WITH MCC CONTROLS LLC DBA PRIMEX FOR THE SCADA

SYSTEM FOR CITYWIDE INFRASTRUCTURE
Adopted Resolution 22- 5200 approving a Professional Technical Services and Support Agreement with MCC Controls LLC dba Primex for the City of Lathrop' s Supervisory Control and Data Acquisition ( SCADA) System for citywide infrastructure.

CEQA STATUS: Not a Project as defined in Section 15378 of the State CEQA Guidelines.

4. 7 APPROVE A MEMORANDUM OF UNDERSTANDING ( MOU) RELATED TO

FUNDING FOR THE MOSSDALE TRACT AREA PROJECTS BETWEEN
SJAFCA, THE CITY OF STOCKTON, AND THE CITY OF MANTECA;

DELEGATE AUTHORITY FOR THE CITY MANAGER TO EXECUTE
Pulled by Councilmember Diallo. A question and answer period ensued.

Assistant City Manager Michael King and City Attorney Salvador Navarrete provided the information. City Attorney proposed minor edits to the draft resolution, to state changes would be " substantially in the form presented to Council".

Adopted Resolution 22- 5201 approving a Memorandum of
Understanding ( MOU) related to funding for the Mossdale Tract Area projects between SJAFCA, the City of Stockton, and the City of Manteca; and delegated authority for the City Manager to execute.

CEQA STATUS: Exempt according to California Environmental Quality Act Article 5 § 15061 ( b) ( 3), Common Sense Exemption.

January 9, 2023 Lathrop City Council Regular Meeting Minutes Page 3 13 4. 8 APPROVE AMENDED AGREEMENT AND LEASE BETWEEN THE CITY OF

LATHROP AND TESLA, INC FOR THE CROSSROADS PARKING LOT
Pulled by Councilmember Diallo. A question and answer period ensued.

Assistant City Manager Michael King provided the information.

Adopted Resolution 22- 5202 approving an amended Agreement and Lease between Tesla, Inc. and the City of Lathrop for Crossroads Parking CEQA STATUS: Not a Project as Defined in Section 15378 of the CEQA Guidelines.

4. 9 APPROVE CONTRACT CHANGE ORDER NO. 1 WITH WEST COAST ARBORISTS, INC. FOR GRID C TREE PRUNING AND MAINTENANCE Adopted Resolution 22- 5203 approving Contract Change Order No. 1 with West Coast Arborists, Inc. for Stonebridge Grid C tree pruning and maintenance.

CEQA STATUS: Not a Project as defined in Section 15378 of the State CEQA Guidelines.

4. 10 RATIFY CONTRACT CHANGE ORDER NO. 14, 15 AND 25; APPROVE CONTRACT CHANGE ORDER NO. 23, 26, 27, 28 AND 29 WITH DAVID SILVA, DBA SILVA LANDSCAPE; AND APPROVE RELATED BUDGET

AMENDMENTS
Adopted Resolution 22- 5204 ratifying Contract Change Order No. 14, 15, and 25; approving Contract Change Orders No. 23, 26, 27, 28, and 29 with David Silva, dba Silva Landscape for park landscape and streetscape maintenance; and related budget amendments.

CEQA STATUS: Not a Project as defined in Section 15378 of the State CEQA Guidelines.

4. 11 CREATE CAPITAL IMPROVEMENT PROJECT ( CIP) GG 23- 11, LATHROP

ANIMAL SHELTER, AND APPROVE INTER- FUND LOAN
Pulled by Councilmember Diallo. A question and answer period ensued.

Assistant City Manager Michael King provided the information.

Adopted Resolution 22- 5205 creating CIP GG 23- 11, Lathrop Animal Shelter, and approving an inter- fund loan.

CEQA STATUS: The City finds this is not a project as defined in Section 15378 of State CEQA Guidelines.

January 9, 2023 Lathrop City Council Regular Meeting Minutes Page 4 14 4. 12 ACCEPT PUBLIC IMPROVEMENTS ASSOCIATED WITH SUBDIVISION IMPROVEMENT AGREEMENT ( SIA) FOR TRACT 4062 AND EP NO. 2022- 09 FROM LATHROP LAND ACQUISITION, LLC, LOCATED WITHIN CLSP NEIGHBORHOOD iC (TRACT 4062), AND APPROVE BUDGET

AMENDMENT FOR MAINTENANCE CONTRACTS
Adopted Resolution 22- 5206 accepting public improvements associated with SIA for Tract 4062 and Encroachment Permit No. 2022- 09 from Lathrop Land Acquisition, LLC, located within CLSP Neighborhood 1C ( Tract 4062) and approving budget amendment for Maintenance Contracts with David Silva, dba Silva Landscape, and St.

Francis Electric, LLC.

CEQA STATUS: Not a Project as defined in Section 15378 of the State CEQA Guidelines.

4. 13 AUTHORIZE FUNDING OF FIVE ( 5) ADDITIONAL POLICE OFFICER

POSITIONS FOR THE LATHROP POLICE DEPARTMENT AND RELATED

BUDGET AMENDMENTS
Pulled by Councilmembers Torres- O' Callaghan and Diallo. A question and answer period ensued. Police Chief Raymond Bechler and Finance Director Cari James provided the information. Christina Laughlin ( zoom speaker) commented on the matter, expressed concern with the budget.

Council consensus directed staff to evaluate police staffing levels and bring back new position requests in February.

Adopted Resolution 22- 5207 authorizing the funding of five ( 5) additional Police Officer positions, amending the position control roster, amending the sworn compensation plan and related budget amendments.

CEQA STATUS: Not a Project as Defined in Section 15378 of the State CEQA Guidelines

5. SCHEDULED ITEMS

5. 1 ESTABLISH A FA ADE AND SIGNAGE IMPROVEMENT GRANT PROGRAM

LIMITED TO RETAIL AND OFFICE BUILDING USES WITHIN SPECIFIED

CITY BOUNDARIES, AUTHORIZE USE OF MEASURE D PROGRAM

FUNDING, AND APPROVE RESPECTIVE BUDGET AMENDMENT
Economic Development Administrator Shelley Burcham provided the presentation. A question and answer period ensued throughout the presentation. City Manager Stephen Salvatore and City Attorney Salvador Navarrete provided additional information, including the reading of the Measure D language for clarification. The City Council discussed the proposed item. The City Council did not reach a consensus to approve the item.

January 9, 2023 Lathrop City Council Regular Meeting Minutes Page 5 15 On a motion by Councilmember Torres- O' Callaghan, seconded by Councilmember Diallo, the City Council voted to deny Item 5. 1, by the following roll call vote:

Ayes: Diallo, Torres- O' Callaghan and Akinjo
Noes: Lazard

Absent: Dhaliwal
Abstain: None
Therefore, the proposed resolution to establish a Fa ade and Signage Improvement Grant Program, and consider authorizing its funding with the use of Measure D program funds pursuant to a budget amendment was not approved.

CEQA STATUS: The project is exempt according to the California Environmental Quality Act ( CEQA) Article 5, § 15061( b)( 3), by the Common Sense Exemption"
Item 5.2 was moved to the Regular Meeting of February 13, 2023. Item 5.2 was not presented.

5. 2 CITY COUNCIL DISCUSSION REGARDING REGULATION AND

LIMITATION OF HOTEL ESTABLISHMENTS
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: The project is exempt according to the California Environmental Quality Act ( CEQA) Article 5, § 15061( b)( 3), by the Common Sense Exemption"

6. COUNCIL COMMUNICATIONS

6. 1 MAYOR & COUNCILMEMBER COMMITTEE REPORT( S) - No reports.

Vice Mayor Akinjo invited Gavin Cline, San Joaquin County Field Representative for Congressman ) ohn Duarte, to introduce himself.

6. 2 MAYOR & COUNCILMEMBER COMMENT( S) - Councilmembers thanked staff for the utility maintenance and cleanup work during the storm event, and wished everyone a Happy New Year.

7. AD70URNMENT - There being no further business, Vice Mayor Akinjo adjourned the meeting at 9: 14 p. m.

Teresa Vargas, MMC, City Clerk
January 9, 2023 Lathrop City Council Regular Meeting Minutes Page 6 16 iti
City of
1`-
r' ` _ ITEM 4. 3
Quarterly Treasurer Report
December 2022
CEQA STATUS: Not a Project as defined in Article 20, § 15378 of the California Environmental Quality Act( CEQA) Guidelines
This report presents a detailed discussion of the City' s fund balances and investment portfolio as of December 31, 2022. It includes all investments managed by the City on its own behalf as well as the City' s Trustees. The report provides information on cash flows, broken down by both investment manager( City orTrustee) and by percentage allocation within the portfolio.

As of December 31, 2022, the investment portfolio was in compliance with all state laws and the City' s Investment Policy.

Current Portfolio Summary
As directed by the Investment Policy adopted by City Council, City staff strives to attain three primary goals with the City' s investments as follows( in order of priority):

1. Safety— Preservation of the principal of invested funds

2. Liquidity— Ability to liquidate one or more of the City' s investments if unexpected expenditures arise

3. Return— Attainment of a market rate of return
The majority of the portfolio is invested in the Local Agency Investment Fund ( LAIF), which is administered by the California State Treasurer' s office. LAIF provides the City with an investment vehicle with yields that are slightly greater than U. S. Treasuries ( T- bills) with a 2- year maturity or less. LAIF is a high quality investment in terms of safety, liquidity, and yield. Additionally, LAIF is an " On Demand" account; meaning funds may be withdrawn upon with 1 day notice, representing maximum liquidity.

In addition to LAIF, the City holds investments in Money Market Mutual Funds, Nonnegotiable Certificates of Deposit, and State and Local Government Securities ( SLGS). These investments are prudent investment choices and are included in the City' s Investment Policy as allowable investments.

Each investment mentioned above has a specific maturity date. However, much of the portfolio is On Demand.

The short weighted average maturity provides the City with a great deal of liquidity during this period of heightened economic uncertainty and period of low investment yields. This liquidity places the City in a position to invest in longer term maturity investments once interest rates begin to move up toward their historical norms; overall macroeconomic indicators signal solid and consistent growth in future years.

The following table (Table: 1) provides a summary of the City' s cash and investments, by holding party, based on recorded value as of December 31, 2022 compared with the prior quarter:
17 T+' B«' r
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Holding Party Fund Amounts i
P o o
Fund Amounts i)
P a
Investments/ Cash held by the City _____ $ 188, 763, 518 71°/a 185, 352, 723 71% fi .___
E Investments held by Trustees 75, 698, 730 29% 76, 578, 348 29% 7` tl. xr` 264 1Q 6i,9„ t i. ; 20l 4
1) Small variances are due to the summation and rounding of multiple figures to the nearest whole dollar LL W_
Please see the following pages ( Tables: 2 through 5) for a more detailed analysis of transactional additions and reductions due to cash flow needs, debt service payments, and maturities/ rollovers of certain investments.

Revenues arrived during the quarter, per City staff expectations, are as follows: utility payments, property tax, franchise fees, sales tax( including Measure C), developer billing fees, grant reimbursements, building permit fees, plan check fees, and Transient Occupancy Tax ( TOT).

Significant payables paid out during the quarter include:

I. Nonrecurring Expenditure Debt Service Payments, Capital Improvement Projects — General Government, Parks, Streets, Water, and Wastewater
II. Recurring Expenditures
a. Contractual— Park& Street Landscaping, and Water Treatment Services b. Intergovernmental payments — South San Joaquin Irrigation District ( Surface Water Contract), Lathrop Manteca Fire District, City of Manteca ( Wastewater Contract) Quarterlv Economic Update
According to the latest projections from PFM Asset Management; In large part due to the Fed' s historic pace of rate increases, there were accumulating signs of an economic slowdown in Q4, including: ( 1) a steeply inverted yield curve; ( 2) a sharp reversal in the housing market; ( 3) weakening in both the manufacturing and services sectors; ( 4) declining personal savings; ( 5) tepid consumer confidence; ( 6) retreating commodity prices; and ( 7) a falling U. S. dollar. On the positive side, employment remains strong, household income is rising and inflation has begun to moderate. The latter forces are significant and may keep the economy out of a deep recession, but uncertainty remains high. Retail sales dipped in both November and December in a warning sign that consumer spending, which accounts for more than two-thirds of U. S. economic activity, may be moderating. Slowing price increases for some goods also lowered the dollar amount of consumer spending, led by decreases in purchases of motor vehicles. Short-term maturities ( less than one year) continued to increase in lockstep with adjustments to Fed policy, reflecting the two rate hikes totaling 1. 25% in the fourth quarter. Yields on longer- term issues were mixed, with yields on 3- 7 year Treasuries lower, while those 10- years and longer rose modestly. At its December meeting, the FOMC raised the fed funds rate by SO basis points( bps) to a new target range of 4. 25% to 4. 50%, the highest level since 2007. Locally, the San Joaquin Valley area experienced a decrease in unemployment rates( San Joaquin County: 5. 2%; City of Lathrop: 4.8 0).

I certify that all of the investments reported herein are in accordance with the" City of Lathrop Investment Policy" adopted on November 14, 2022, with the Government Code, and other contractual agreements. I further certify the investments reported herein provide for the ability of the City to meet cash flow needs for the next six months.
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St en J. Salvatore Cari Ja
CityManager Directorof' nance
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CITY MANAGER' S REPORT
FEBRUARY 13, 2023 CITY COUNCIL REGULAR MEETING
ITEM: REVIEW OF THE CAPITAL FACILITY FEE FUNDS
REPORT FOR FY 2021- 2022
RECOMMENDATION: Review of the Capital Facility Fee Funds Report for Fiscal Year 2021- 2022
CEQA STATUS: Not a Project as defined in Section 15378 of the State CEQA Guidelines
SUMMARY:

Pursuant to the State of California Mitigation Fee Act ( also known as AB 1600" CA Government Code Section 66006 et seq.), the City of Lathrop is required to provide an annual overview of fees collected by the Capital Facility Fee ( CFF) program as a result of new development. This report presents the background for each fee and shows the fee schedules and history for last year. The information provided is required by the Government Code to be made available for public review and subsequently reviewed by City Council at the next regular meeting after being made public.

BACKGROUND:

The City' s CFF program was first instituted on October 10, 1990 to provide adequate capital facility improvements to serve new development within the City. Since then, the CFF program has been amended to ensure that new development pays its proportionate share of improvement costs needed as a result of new development.

In 2003, the CFF program was amended to include a broad range of capital facility fees and establish fees for a new development planned for the area West of I- 5, mainly River Islands and Mossdale Landing.

In 2005, the CFF program was amended to establish fees for new development in the Central Lathrop Specific Plan ( CLSP) area and followed with revisions in 2007, adding the offsite roadway intersection improvements and the surface water supply fee components for the CLSP area.

In 2010, the CFF program was amended to establish the North Lathrop Transportation Impact Fee for new development impacting the Roth Road/ I- 5 interchange and the associated frontage roads in the North Lathrop area.

In May 2018, the CFF program was amended to keep pace with the rising cost of infrastructure, facilities and land. This amendment included adjusting existing fees for inflation and updating project costs for the West/ Central Lathrop Regional Transportation CFF, Surface Water Supply CFF, and the Water System CFF and establishing a new Sewer/ Recycled Water System CFF for the CLSP area. 27 CITY MANAGER' S REPORT PAGE 2
FEBRUARY 13, 2023 CITY COUNCIL REGULAR MEETING
REVIEW OF THE CAPITAL FACILITY FEE FUNDS REPORT FOR FY 2021- 2022 In December 2018, the San Joaquin Area Flood Control Agency ( SJAFCA) Mossdale Tract Area Regional Urban Level of Flood Protection ( ULOP) Development Impact Fee DIF) agreement replaced Lathrop' s 2017 Interim Levee Fee for the Reclamation District 17 Urban Level of Flood Protection Levee System Improvements.

In February 2019, the CLSP CFF Study update established a new In- Lieu Community Parks Dedication Fee and adjusted existing fees for inflation and updated projects costs and fees for the West/ Central Lathrop Regional Transportation and the Sewer/ Recycled Water System. The CLSP Neighborhood Park Capital Facility Fee was updated in February 2021, to reflect the actual park development costs realized by the developer of the CLSP
In June 2019, the CLSP CFF Study established a new CFF for the Storm Drainage System Improvements - Watershed 2, Storm Drainage System Improvements - Watershed 4, Entitlements, and Prior Developer Account Open Items to reimburse the construction of storm drainage facilities and reimburse past expenditures associated with developing the CLSP area.

In October 2019, the South Lathrop Specific Plan ( SLSP) and the Lathrop Gateway Business Park Specific Plan ( LGBPSP) CFF Study provided an update to the CFF program for the SLSP area and established a fee program for the LGBPSP area. In May 2020, the CFF program was updated based on actual facility construction cost for SLSP and LGBPSP.

In February 2020, the Sewer Reimbursement CFF Study established a new Sewer Reimbursement fee for the construction of oversized sewer facilities including future construction of sewer facilities within the City.

The CFF program provides a source of revenue by which new development within the City will contribute their fair share of the costs that directly affect the need to construct infrastructure or expand community public facilities to meet growth needs.

The City' s CFF program funds improvements in the following categories:

1. Transportation
a. Local
b. Regional

2. Culture and Leisure

3. Municipal Services

4. Storm Drainage

5. Administration

6. San Joaquin County Multi- Species Habitat

7. Environmental Mitigation

8. Park- In- Lieu

9. Water

10. Surface Water

11. Sewer
28 CITY MANAGER' S REPORT PAGE 3
FEBRUARY 13, 2023 CITY COUNCIL REGULAR MEETING
REVIEW OF THE CAPITAL FACILITY FEE FUNDS REPORT FOR FY 2021- 2022 The Annual CFF report ( Attachment A), required by California Government Code 66006 et seq., was developed to identify the balances of fees in the Capital Facility Fee funds. The annual report provides the following information for each fee:
a detailed description
the fee amount
beginning and ending balances for the fiscal year
fees collected and interest earned
transfers, refunds, and expenditures
The expenditures have been further broken down to identify the public improvements on which the fees were expended and the amount of expenditures for each improvement.

The Five- Year CFF Fund Report provides an overview of the improvement projects identified in the CFF program. The report lists the estimated cost for each project and the approximate date available. The fees and project costs are adjusted annually based on the annual changes to the Engineering News- Record Construction Cost Index ( ENR CCI). The annual adjustment utilizing the ENR CCI ensures the current cost of construction and appropriate fees reflect the effects of inflation.

REASON FOR RECOMMENDATION:

The attached report was made public on January 25, 2023 pursuant to Section 66006 et seq. of the California Government Code, which requires a detailed report regarding collection and expenditure of fees in the CFF program. Pursuant to the California Government Code, the report is required to be made public and the City Council is required to review the information made available to the public at its next regular scheduled meeting.

CEQA STATUS:

Not a Project as defined in Section 15378 of the State CEQA Guidelines.

FISCAL IMPACT:

The cost for this item was staff time and materials to complete the attached report.

ATTACH M ENTS:

A. Capital Facility Fee Funds Report for report period Fiscal Year 2021- 2022 29 CITY MANAGER' S REPORT PAGE 4
FEBRUARY 13, 2023 CITY COUNCIL REGULAR MEETING
REVIEW OF THE CAPITAL FACILITY FEE FUNDS REPORT FOR FY 2021- 2022 APPROVALS:
l 2 3
Bellal Nabizadah Date
Assistant Engineer
3o/ zoZ3
Brad T ylor Date
City E gineer
I - 25'-?
rk Me ssn r Date
Com un ty Development Director
J
3 Cari Jam s Date
Finance ir ctor
t - z. • Zs
Michael King Date
Assistant City Manager
z6 2 Z3
Salvador Navarrete Date
City Attorney
L- 9- z3
Step en J. Salvatore Date
City Manager
30 ATTAGHMENT
h .

CitY of Lathrop
Capital Facility Fee Funds Report
2021 — 2022
Made Pursuant to Government Code
Section 66000 et seq.

Made Available for Public Review on:

January 25, 2023
City Council Agenda Date:

February 13, 2023
For further information, please contact:

Brad Taylor, Public Works Department
209) 941- 7438
31 Capital Facility Fee Funds Report
Table of Contents
Capital Facility Fee Fund Listing
Regional Transportation Impact Fee— 2230 ...................................................................................... 3 Local Transportation Impact Fee— 2250............................................................................................ 5 Culture and Leisure Capital Facility Fee— 2260................................................................................ 8 Municipal Services Capital Facility Fee— 2270............................................................................... 11 Storm Drainage Capital Facility Fee— 2280 .................................................................................... 14 Administration Capital Facility Fee— 2290...................................................................................... 18 Environmental Mitigation Capital Facility Fee— 2310.................................................................... 20 Regional Levee Impact Fee— 2315 .................................................................................................. 22 West Central Lathrop Transportation Capital Facility Fee— 2320................................................... 24 West Lathrop Speci c Plan Regional Transportation Impact Fee— 2330 ....................................... 26 Lathrop Local East— 2340 and Lathrop Local West - 2360........................................................... 28 Regional Transportation Impact Fee San Joaquin County— 2350 ................................................... 31 Regional Transportation Impact Fee San Joaquin Council of Governments 15% — 2370.............. 33 Offsite Roadway Improvements Capital Facility Fee— 2380 .......................................................... 35 North Lathrop Transportation Capital Facility Fee— 2420.............................................................. 37 Parkin Lieu— 3410........................................................................................................................... 39 WaterCapital Facility Fee— 5610.................................................................................................... 41 Surface Water Capital Facility Fee— 5640....................................................................................... 45 SewerCapital Facility Fee— 6030.................................................................................................... 48 Report Period: July 1, 2021 to June 30, 2022 Page 2
32 Capital Facility Fee Funds Report
Regional Transportation Impact Fee— 2230
Regional Transuortation Impact Fee — 2230

1. Fee Information
a. Description and History of Fee: This fee was collected to fund street improvements for Lathrop' s regional roadways. The fee originated in 1990 and was adopted by Lathrop City Council on October 10, 1990. The Regional Transportation Fee was calculated in coordination with the San Joaquin County Council of Governments to provide countywide transportation improvements for street and highway projects identified in the Congestion Management Program ( CMP). Improvements to both Lathrop and Interstate 5 are included in the CMP.

The fee was reevaluated in the November 1, 1994 CFF Update and was updated to reflect the effects of inflation. In addition, the McKinley Avenue and Yosemite Avenue Intersection Improvements were added to the CFF. Updates to the Regional fee were also done in September of 2003 and again in August of 2005. The 2003 and 2005 studies included adjusting the previous Capital Facility Fee in Historic Lathrop East) to reflect the effects of inflation.

The San Joaquin Regional Transpartation Impact Fee ( RTIF) is automatically adjusted on an annual basis at the beginning of each fiscal year ( July 1) based on the Engineering News Record California Construction Code Index ( CCCI).
b. Amount of Fee: The Regional Transportation Fee was changed to the San Joaquin Regional Transportation Impact Fee ( RTIF) as of February 20, 2006. Funds collected as a result of the newly adopted fee are reported in Funds 2340 and 2360. As of February 20, 2006, the Regional Transportation Fee is no longer collected.

Land Use T e Unit FY 21/ 22
Residential ( Sin le- Famil ) DUE 0-
Residential ( Multi-Family) DUE 0-
Retail S . Ft 0-
Office S . Ft 0-
Commercial/ Industrial S . Ft 0-
Report Period: July 1, 2021 to June 30, 2022 Page 3
33 Capital Facility Fee Funds Report
Regional Transportation Impact Fee— 2230

2. Fund Information (During Reporting Period)
Source Amount
a. Be innin Fund Balance as of July 1, 2021
b. Fees Collected
c. Interest Earned
d. Ex enditures
e. Transfer Out
f. Refunds
Endin Fund Balance as of June 30, 2022
2d. Expenditure Summary: Identi cation of each improvement on which reportable fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that was funded with reportable fees:

Were funds from Fund 2230 expended during the reporting period? No 2e. Description of Transfers and Loans made from fund.

Were funds from Fund 2230 transferred or loaned during the reporting period? No 2f. Description of refunds made during reporting period.

Were funds from Fund 2230 refunded during this reporting period? No

3. Planned Projects for Fiscal Year 2022- 23: Identi cation of each improvement on which reportable fees will be expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that will be funded with reportable fees:

The Regional Transportation Impact Fee Fund 2230 does not currently have funds appropriated to any Capital Improvement Program ( CIP) Projects for Fiscal Year 2022- 23. Please refer to the City' s 2021- 2026 Capital Improvement Program adopted by City Council June 2, 2021, Resolution 21- 4884.

Report Period: July 1, 2021 to June 30, 2022 Page 4
34 Capital Facility Fee Funds Report
Local Transportation Impact Fee— 2250
Local Transportation Impact Fee — 2250

1. Fee Information
a. Description and History of Fee: This fee is collected to fund street improvements for existing city streets to accommodate for increased road usage due to new development. The Crossroads fee is an exception in that it is collected to reimburse the developer for infrastructure that was built with the original project.

The fee originated in 1990 and was adopted by the Lathrop City Council on October 10, 1990. The original fee was designed to fund the widening of local roads from two lanes to four lanes as well as the addition oftraffic signals and turning lanes to increase the capacity of intersections. In 1990 the Engineering Report for the Lathrop Traffic Mitigation Fee identified an estimated $ 6. 4 million in signal system, intersection and road widening improvements.

An update to the fee was adopted by the Lathrop City Council and adopted on November 1, 1994. The update included the same projects that were included in the original Capital Facility Fees ( CFF), with the exception of Louise Avenue and the addition of the McKinley Avenue Mainline Improvements. The widening and improvements of Louise Avenue between Harlan Road and Fifth Street were completed prior to the 1994 update ( with CFF funds as a contributing source) which is why Louise Avenue was omitted from the 1994 update.

The Local Transportation CFF was reevaluated in September 2, 2003 and again in August 1, 2005. The studies included adjusting the previous CFF in Historic Lathrop ( East) to reflect the effects of inflation.

On August 3, 2015 City Council approved entitlements for the South Lathrop Specific Plan ( SLSP) area.

65. 8 million in interchange improvements, road- widening improvements, and railroad crossing improvements. In October 2019 the SLSP and the Lathrop Gateway Business Park Specific Plan LGBPSP) CFF study provided an update to the CFF program for the SLSP area and established a fee program for the LGBPSP area. The LGBPSP CFF Study identified approximately $ 56. 7 million in transportation improvements. In May 2020 the CFF program was updated based on actual facility construction cost for SLSP and LGBPSP.
b. Amount of Fee: The amount of the fee varies by land use type and location.

East Lathrop/ North Harlan Unit July 1, 2021 to Jan. 1, 2022 to Land Use T e Dec. 31. 2021 " June 30. 2022'
Single Famil Residential DU 3, 805 4, 085
Multi- Famil Residential DU 2, 798 3, 004
Commercial 1, 000 s ft $ 5, 196 5, 578
Industrial/ Warehouse 1, 000 s ft $ 1, 530 1, 643
Crossroads Unit JuIX 1, 2021 ta Jan. l, 2022 to
Land Use T e Dee. 31, 2021 June 3Q 2022
Commercial Acre 31, 454 33, 769
Industrial 1, 000 s ft $ 1, 142 1, 226
Report Period: July 1, 2021 to June 30, 2022 Page 5
35 Capital Facility Fee Funds Report
Local Transportation Impact Fee- 2250
South Lathrop Specific Unit Julv 1, 2021 to Jan. 1, 2022 to ` Plan-SLCC Plan Land Use Dec. 31, 2021 June 30; 2022
T e
Industrial/ 1, 000 sqft
Limited Industrial
1, 369 1, 470
Office Commercial 1, 000 s ft $ 20, 980 22, 525
Retail Commercial 1, 000 s ft $ -
Warehouse 1, 000 s ft $ 1, 369 1, 470
South Lathrop' Specific Unit July 1; 2021 to Jan. 1, 2022 to Plan- Non SLCC PIan Dec. 31, 2021 June 30, 2022
Land Use T ` e
Industrial/ 1, 000 sqft
Limited Industrial
1, 369 1, 470
Office Commercial 1, 000 s ft $ 20, 980 22, 525
Retail Commercial 1, 000 s ft $ -
Warehouse 1, 000 s ft $ 1, 369 1, 470
Gatewav Business Park Unit July l, 2021 to ' Jan. 1, 2022 to Specific P1an Land Use Dec. 31, 2021 June 30, 2022
T e
IndustriaU 1, 000 sqft
1, 365 1, 465 Limited Industrial
Office Commercial 1, 000 s ft $ 17, 600 18, 896
Retail Commercial 1, 000 s ft $ 6, 179 6, 634
Warehouse 1, 000 s ft $ 1, 365 1, 465

2. Fund Information ( During Reporting Period)
Source Amount
a. Be innin Fund Balance as of July 1, 2021 1, 215, 811 b. Fees Collected 546, 122
c. Interest Earned 3, 583
d. Ex enditures
e. Transfers Out 930, 000)
f. Refunds
g. Endin Fund Balance as of June 30, 2022 835, 515
Report Period: July 1, 2021 to June 30, 2022 Page 6
36 Capital Facility Fee Funds Report
Local Transportation Impact Fee- 2250
2d. Expenditure Summary: Identification of each improvement on which reportable fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that was funded with reportable fees:

Were funds from Fund 2250 expended during the reporting period? No 2e. Description of Transfers and Loans made from fund.

Were funds from Fund 2250 transferred or loaned during the reporting period? Yes A total of$ 930,000 was transferred from Fund 2250 to the following projects:
200, 000 to the Louise Avenue and McKinley Avenue Signal Improvements Project PS 15- 02
730,000 to the Lathrop Road and Harlan Road Intersection Improvements Project PS 21- 06 2f. Description of refunds made during reporting period.

Were funds from Fund 2250 refunded during this reporting period? No

3. Planned Projects for Fiscal Year 2022- 23: Identification of each improvement on which reportable fees will be expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that will be funded with reportable fees:

The Local Transportation Impact Fee Fund 2250 does not currently have funds appropriated to the Capital Improvement Program( CIP) Project listed below for Fiscal Year 2022- 23. Please refer to the City' s 2021- 2026 Capital Improvement Program adopted by City Council June 2, 2021, Resolution 21- 4884.

Report Period: July 1, 2021 to June 30, 2022 Page 7
37 Capital Facility Fee Funds Report
Culture and Leisure Capital Facility Fee— 2260
Culture and Leisure Capital Facility Fee — 2260

1. Fee Information
a. Description and History of Fee: The Culture and Leisure Capital Facility Fee is collected to fund costs for the completion of Neighborhood, Community and Linear Parks, a Library, Cultural Center, Senior Center and Community Center.

The Culture and Leisure Capital Facility Fee was first implemented with the adoption of the October 10, 1990 CFF Study Report. The original fee collected funds merely for Parks and a Library. The Capital Facility Fee program was reevaluated in 1994 and in addition to a park and library component, a component for a cultural center was added. Adopting this change increased the fee for both Single Family from $ 1, 627 to $ 1, 789) and Multi- Family (from $ 1, 084 to $ 1, 295) residential dwelling units.

In September of 2003, the City Council again adopted a revision to the Culture and Leisure CFF. This amendment to the CFF was implemented to capture the new direction in which the City was headed. The City has since approved planned communities, that combined exceed 17, 000 new homes, for Mossdale Landing, Central Lathrop Specific Plan Area and River Islands. These communities have pushed Lathrop' s population well over the 12, 980 projection for year 2010 ( as of January 2011, the City of Lathrop' s population was estimated at over 18, 656) hence the need for an increase in facilities. The 2003 update increased the fee significantly for both Single Family and Multi-Family residential dwelling units and added a Senior Center to the list of facilities.

The 2005 update to the Culture and Leisure CFF split the fee into two separate components; Parks and Facilities. This was done to ensure enough monies were collected for both areas of culture and leisure as well as to ensure the importance of both sub- components. This update also included an increase to capture the effects of inflation.

The Culture and Leisure CFF was reevaluated May 3, 2018 adjusting the previous CFF to reflect the effects of inflation. The studies also included adjusting the total library space to 31, 100 square feet at build out as well as a reduction in the library square footage standard to 475 square feet per 1, 000 residents.

Additionally, the 5. 76 acre of land associated with the Generation Center was added to the CFF program with no net increase to the CFF rates for the Culture and Leisure Facility sub- component.

The Central Lathrop Specific Plan ( CLSP) Neighborhood Park Capital Facility Fee was updated on February 8, 2021, to be consistent with the actual park development costs realized by the primary developer of the CLSP. The cost to construct the CLSP neighborhood park improvement was estimated to be$ 298, 501 per acre in the development agreement. Subsequently, it was inflated to $ 322, 625 per acre in 2020, based on the ENR 20- City Construction Cost Index( the" CCI"). Based on the actual development costs for the Phase lA Neighborhood Park constructed by Saybrook in 2020, the total cost increased to 390,251 per acre.

Report Period: July 1, 2021 to June 30, 2022 Page 8
38 Capital Facility Fee Funds Report
Culture and Leisure Capital Facility Fee- 2260
b. Amount of Fee: The amount of the fee varies by land use type and location.

Accountin Period
Jul 1, 2021 to Dec. 31, 2021 Januar 1, 2022 to June 30, 2022 Historical
Central Lathrop North
Historical Lathrop Lathrop
Harlan Central Lathrop
Land Use Tvpe ( Unit) North Harlan Mossdale
Mossdale Villa e Villa e
Sin le Famil ( DU)
Neighborhood Parks 5, 909 4, 113 6, 343 4, 416
Community/Linear
4, 095 4, 396
Parks
Facilities 3, 620 3, 620 3, 886 3, 886
Mu1ti-Family( DU)
Neighborhood Parks 4, 220 2, 938 4, 531 3, 154
Community/ Linear
2, 925 3, 141 Parks
Facilities 2, 585 2, 585 2, 775 2,775
Accountin Period
Jul 1, 2021 to Dec. 31, 2021 Januar 1, 2022 to June 30, 2022 Land Use T e ( Unit) Mossdale Landin Stewart Tract Mossdale Landin Stewart Tract Sin le Famil ( DU)
Parks 5, 907 6, 342
Facilities 2, 372 3, 620 2,546 3, 886
Multi-Famil ' ( DU)
Parks 4, 218 4, 529
Facilities 1, 693 2, 585 1, 818 2, 775

2. Fund Information ( During Reporting Period)
Source Amount
a. Beginning Fund Balance as
of Jul 1, 2021 13, 308, 354
b. Fees Collected 7, 667, 000
c. Interest Earned 58, 660
d. Ex enditures
e. Transfers Out 180, 256)
f. Refunds
g. Ending Fund Balance as of
June 30, 2022 20, 853, 757
Report Period: July 1, 2021 to June 30, 2022 Page 9
39 Capital Facility Fee Funds Report
Culture and Leisure Capital Facility Fee— 2260
2d. Expenditure Summary: Identification of each improvement on which reportable fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that was funded with reportable fees:

Were funds from Fund 2260 expended during the reporting period? No 2e. Transfers and Loans: Description of Transfers and Loans made from fund.

Were funds from Fund 2260 transferred or loaned during the reporting period? Yes A total of$ 80, 256 was transferred from Fund 2260 to the following projects; 70,000 to the Shilling Avenue Park Improvements Project PK 22- 34 109, 400 to the Cricket Pitch on Banta School Property Project PK 22- 40 496 to reimburse developer
2f. Refunds: Description of refunds made during reporting period.

Were funds from Fund 2260 refunded during this reporting period? No

The Culture and Leisure Capital Facility Fee Fund 2260 does not currently have funds appropriated to any Capital Improvement Program ( CIP) Projects for Fiscal Year 2022- 23. Please refer to the City' s 2021- 2026 Capital Improvement Program adopted by City Council June 2, 2021, Resolution 21- 4884.

Report Period: July 1, 2021 to June 30, 2022 Page 10
40 Capital Facility Fee Funds Report
Municipal Services Capital Facility Fee— 2270
Municipal Services Capital Facility Fee — 2270

1. Fee Information
a. Description and History of Fee: The Municipal Services C' apital Facility Fee is collected to fund costs related to a new City Hall, Police Station, Corporation Yard and Animal Shelter needed to support the growth of the City.

The Municipal ( City) Services Capital Facility Fee ( CFF) was first implemented with the adoption of the October 10, 1990 CFF Study Report. The original fee collected monies to fund a new city hall, police station and a corporation yard for field staff ( operations and maintenance). The Capital Facility Fee program was reevaluated in 1994 and in addition to the facilities previously adopted with the original study; a component for an Animal Control Facility was addeci. Adopting this change increased the fee for residential land use types as well as for commercial and industrial.

In September of 2003, the City Council again adopted a revision to the Municipal Services CFF. This amendment to the CFF was implemented to ensure that the City was collecting enough monies to fund the facilities needed to accommodate new development as the e: isting facilities ( excluding city hall) do not meet the City' s service level standards.

The City currently contracts with the Ciry of Manteca for its animal control shelter facilities since Lathrop does not have one of its own.

The City' s Police Services Department, which is currently contracted with the San Joaquin County Sheriff' s Department, is too small to expand for the City' s anticipated growth. At build out there will not be enough room to expand for the projected 1. 5 sworn peace officers per 1, 000 residents.

The Corporation Yard facility that houses most of the City' s field staff( maintenance and operations) as well as much of the city' s equipment and vehicles is too small to accommodate for growth.

A 2005 update to the Municipal Services CFF increased the fee to reflect the effects of inflation.

Additionally, a Performing Arts Center was added to accommodate the City' s growing population and a Wireless Network was added to ensure that the City is keeping up with technology to offer residents and employees the highest level of service.

On August 3, 2015 City Council approved entitlements for the South Lathrop Specific Plan (SLSP) area.

Report Period: July 1, 2021 to June 30, 2022 Page 11
41 Capital Facility Fee Funds Report
Municipal Services Capital Facility Fee— 2270
b. About the Fee: The amount of the fee varies by land use type and location. The fees are as follows:

Accountin Period
July 1, 2021 to January 1, 2022 to
December 31, 2021 June 30, 2022
East Lathrop/ North Harlan/ East Lathrop/ North Harlan/ Land Use Ty e ( Unit) Mossdale Village/ Mossdale Village/ Crossroads/ Crossroads/
Central Lathro / Stewart Tract Central Lathro / Stewart Tract Single Family( DU)
Residential
4, 055 4,354
Multi- Family ( DU)
2,g96 3, 110
Residential
Service Retail
2, 643 2,837 Per 1, 000 sf.)
Other Non- Residential
1, 599 1, 717
Per 1, 000 sf.).

Accountin Period
July 1, 2021 to January 1, 2022 to
December 31, 2021 June 30, 2022
Land Use Tvpe Mossdale Landing Mossdale Landing
Single Family 3, 983 4, 277
Residential
Multi-Family
Residential
2, 846 3, 056
Service Retail
Per 1, 000 sf.) 2, 586 2, 777
Other Non- Residential
1, 565 1, 680 Per 1, 000 sf.)
Accountin Period
July 1, 2021 to January 1, 2022 to
December 31, 2021 June 30, 2022
South Lathrop Specific Plan— South Lathrop Specific Plan— Land Use Tvpe SLCC/ Non SLCC, SLCC/ Non SLCC,
Gatewa Business Park Gateway Business Park
Service Retail
Per 1, 000 sf.)
2, 643 2, 837
Other Non- Residential
1, 599 1, 717
Per 1, 000 sf.)
Report Period: July 1, 2021 to June 30, 2022 Page 12
42 Capital Facility Fee Funds Report
Municipal Services Capital Facility Fee— 2270

2. Fund Information (During Reporting Period)
Source Amount
a. Be innin Fund Balance as of July l, 2021 13, 926, 375 b. Fees Collected 6, 585, 143
c. Interest Earned 47, 216
d. Ex enditures 379, 000)
e. Transfers Out 5, 545, 414)
f. Refunds
Endin Fund Balance as of June 30, 2022 14, 634, 320
2d. Expenditure Summary: Identification of each improvement on which reportable fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that was funded with reportable fees:

Were funds from Fund 2270 expended during the reporting period? Yes A total of$ 379, 000 was expensed from Fund 2270 to the City Hall Facility service debt. 2e. Description of Transfers and Loans made from fund.

Were funds from Fund 2270 transferred or loaned during the reporting period? Yes 4,795,434 was transferred to the Police Building Project, GG 19- 08. 750, 000 was transferred to the Corp Yard Project, GG 21- 13. 2f. Description of refunds made during reporting period.

Were funds from Fund 2270 refunded during this reporting period? No

The Municipal Services Fee Fund 2270 currently has funds appropriated to the Capital Improvement Program( CIP) Project listed below for Fiscal Year 2022- 23. Please refer to the City' s 2021- 2026 Capital Improvement Program adopted by City Council June 2, 2021, Resolution 21- 4884.

Pro' ect Amount '" ° fa afIm rciveinents'
Police Buildin , GG 19- 08 4,000, 414 98
Co Yard Im rovements, GG 21- 13 $ 3, 750, 000 100
Total 7, 750, 414
Report Period: July 1, 2021 to June 30, 2022 Page 13
43 Capital Facilities Fee Funds Report
Storm Drainage Capital Facility Fee— 2280
Storm Drainage Capital Facility Fee — 2280

1. Fee Information
a. Description and History of Fee: This Storm Drainage Capital Facility Fee ( CFF) is collected to fund storm drainage improvements to support new development. The Crossroads fee is an exception in that it is collected to reimburse the developer for infrastructure that was built with the original project.

On February 20, 1987, San Joaquin County Ordinance Number 3297 established a fee of$ 1, 000 per gross acre of land to reimburse the costs of establishing the starm drain system known as " City Service Zone 1". This fee was to be updated every year by the Engineering News Record ( ENR) Construction Cost Index for inflation.

On July 7, 1992, the City adopted a Storm Drain Master Plan which identified the facilities in place, existing deficiencies, and needed improvements for terminal storm drainage in areas of the existing City and surrounding area. Storm drainage CFFs were established in 1994. The City' s only terminal storm drain system consisted of the former County Service area 4, Zones A & B ( designed by the County), which included most of the populated areas of the City at that time. This system has been expanded on several occasions as a result of new growth and has been re- designated as " Storm Drain City Zone 1".

The Storm Drainage Capital Facility Fee was reevaluated in September 2, 2003 and again in August 1, 2005. The studies included adjusting the previous Capital Facility Fee in Histaric Lathrop ( East) to reflect the effects of inflation. Additionally, new CFF fees were established for the Mossdale development area to be used as funding for the improvement the development community would be constructing.

New development that occurs in the areas surrounding City Zone 1 must pay a fee to the Area of Benefit District No. 6, which was established by San Joaquin County ( Ord. 3297) to reimburse the capital costs of constructing the trunk and outfall lines of the current system.

On August 3, 2015 City Council approved entitlements for the South Lathrop Specific Plan (SLSP) area.

The entitlements required an update to the CFF program to establish fees to fund the improvements for the 5LSP area. The SLSP CFF Study" Nexus Study" adopted on March 12, 2018 identified approximately

1. 7 million to construct an outfall facility that would be allocated equally to the three developments that will benefit from this facility.

In June 2019, the Central Lathrop Specific Plan ( CLSP) CFF Study established a fee program for the CLSP area. The CLSP CFF Study identified approximately$ 13. 9 million storm drainage improvements.

In October 2019 the SLSP and the Lathrop Gateway Business Park Speci c Plan ( LGBPSP) CFF study provided an update to the CFF program for the SLSP area and established a fee program for the LGBPSP area. The LGBPSP CFF Study identified approximately $ 12. 8 million storm drainage facilities improvements. In May 2020, the CFF program was updated based on actual facility construction cost for SLSP and LGBPSP.

Report Period: July 1, 2021 to June 30, 2022 Page 14
44 Capital Facilities Fee Funds Report
Storm Drainage Capital Facility Fee- 2280
b. Amount of Fee: The amount of the fee varies by land use type and location.

July 1, 2021 to January l, 2022 to
December 31, 2Q22 June 30, >2022
Land Use Type Uni East North Massdale East ' North Mossdale Lathro Harlan Lathro Harlan
Low Density Residential DU $ 956 956 $ 365 1, 026 $ 1, 026 $ 392 Medium Density Residential DU 251 269
Hi h Density Residential DU 196 210
Villa e Commercial Acre 4, 524 4,857
Service Commercial Acre $ 6, 570 $ 6, 570 $ 4, 524 $ 7, 053 $ 7, 053 $ 4, 857 Freewa Commercial Acre $ 11, 789 $ 11, 789 $ 4, 524 $ 12, 657 $ 12, 657 $ 4, 857 Nei hborhood Commercial Acre $ 2, 918 $ 2, 918 $ 4, 524 $ 3, 133 $ 3, 133 $ 4, 857 Limited Industrial Zone 5 Acre $ 9, 170 $ 9, 170 9, 845 $ 9, 845 Limited Industrial Other Zones Acre $ 5, 111 $ 5, 111 5, 487 $ 5, 487 GeneralIndustrial Acre $ 6, 206 $ 6, 206 6, 663 $ 6, 663 Transit Station ( Lathro Road) Acre $ 5, 840 $ 5, 840 6, 269 $ 6, 269 Fire Station ( Yosemite) Acre $ 6, 570 $ 6, 570 7, 053 $ 7, 053 Area of Benefit 6 Acre $ 2, 547 2, 734
Crossroads Land Use Tvpe Unit July 1, 2021 to Jan. 1, 2022 to Dec. 31, 2021 June 30, 2022
Onsite Acre 13, 614 14, 616
Offsite Acre 7, 763 8, 335
July 1, 2021 to January l, 2022 to
December 31, 2021 June 30, 2022
Land Use Type Unit CLSP CLSP CLSP CLSP
Storm Drainage ( Storm Drainage ( Storm Drainage ( Storm Drainage WS2) WS4)' WS2) WS4)
All Development Acre 48, 673 36, 813 52, 256 39, 523
July 1, 2021 to January l, 2022 tv
I ecember3l, 2021 June 30, 2022
Land Use Type Unit SLSF- SLSP- Non SLCC SLSP- SLSP- NNon SLCC Non SLCC Regional Non SLCC Regional
Storm Draina e) Storm Draina e) ( Storm Draina' e) Sform Draina e) OFC Commercial 1, 000 sf. $65, 372 5, 006 70, 184 5, 375 Limited WHS 1, 000 sf. $ 65, 372 5, 006 70, 184 5, 375
Warehouse 1, 000 sf. $65, 372 5, 006 70, 184 5, 375
Report Period: July 1, 2021 to June 30, 2022 Page 15
45 Capital Facilities Fee Funds Report
Storm Drainage Capital Facility Fee— 2280
July 1, 2021 to January 1, 2022 to
December 31, 2021 June 3d, 2022
Land Use Type Unit Lathrop Gateway Lathrop Gateway Lathrop Gateway Lathrop Gateway' Storm Drainage) ( Regional Storm Drainage) ( Regional
Storm Draina e) Storm Draina e)
Shopping Center 1, 000 sf. $ 3, 927 372 4, 216 399
Office Park 1, 000 sf. $ 3, 445 326 3, 699 350
Industrial Park 1, 000 sf. $ 2, 131 201 2, 288 216
Warehouse 1, 000 sf. $ 2, 131 201 2, 288 216

2. Fund Information ( During Reporting Period)
Source Amount
a. Be innin Fund Balance as of July 1, 2021 105, 555
b. Fees Collected 31, 955
c. Interest Earned 192
d. Ex enditures 260, 810)
e. Transfers Out
f. Refunds
g. Ending Fund Balance as of June 30, 2022 123, 107)
2d. Expenditure Summary: Identi cation of each improvement on which reportable fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that was funded with reportable fees:

Were funds from Fund 2280 expended during the reporting period? Yes A total of$ 260, 810 was expensed from Fund 2280 to the following projects; 243, 763 for the City' s share of the South Lathrop' s Regional Outfall Structure. 6, 045 for Mossdale Village share of the South Lathrop' s Regional Outfall Structure 11, 002 to reimburse developers for constructing public improvements 2e. Description of Transfers and Loans made from fund.

Were funds from Fund 2280 transferred or loaned during the reporting period? No 2f. Description of refunds made during reporting period.

Were funds from Fund 2280 refunded during this reporting period? No

3. Planned Projects for Fiscal Year 2022- 23: Identi cation of each improvement on which reportable fees will be expended and the amount of the expenditures on each improvement, Report Period: July 1, 2021 to June 30, 2022 Page 16
46 Capital Facilities Fee Funds Report
Storm Drainage Capital Facility Fee— 2280
including the total percentage of the cost of each project of the district that will be funded with reportable fees:

The Storm Drainage Capital Facility Fee Fund 2280 currently does not have funds appropriated to any Capital Improvement Program ( CIP) Projects for Fiscal Year 2022-23. Please refer to the City' s 2021- 2026 Capital Improvement Program adopted by City Council June 2, 2021, Resolution 21- 4884.

Report Period: July 1, 2021 to June 30, 2022 Page 17
47 Capital Facilities Fee Funds Report
Administration Capital Facility Fee— 2290
Administration Capital Facility Fee — 2290

1. Fee Information
a. Description and History of Fee: The purpose of the capital facility fee program is to provide a source of revenue by which new development within the City will contribute a fair and proportionate share of the cost of providing infrastructure and community facilities commensurate with the benefits received. Under Government Code Section 66000 et seq., the City is required to separately account for revenues and expenditures within the capital facilities fee funds and is allowed to apply an appropriate fee for administration of Transportation, Municipal Services, Culture and Leisure, and Regional Levee Fees as identified in the report titled " City of Lathrop Capital Facilities Fees, As Amended September 2, 2003" and the " Mossdale Tract Area Regional Urban Level of Flood Protection Levee Impact Fee, Nexus Study, Adopted by SJAFCA, Resolution No. 18- 21, November 8, 2018".

In June 2019, the Central Lathrop Specific Plan ( CLSP) CFF Study established fees to reimburse past expenditures associated with developing the CLSP area. In October 2019, the Lathrop Gateway Business Park Specific Plan ( LGBPSP) CFF study established a fee program. In May 2020, the CFF program was updated based on actual facility construction costs for the SLSP and LGBPSP development areas.
b. Amount of Fee: This fee is calculated as a percentage of the capital facilities fees charged prior to issuance of the building permit. Currently the fee is 3°Io of all capital facility fees applicable to the project.

2. Fund Information (During Reporting Period)
Source Amount
a. Beginnin Fund Balance as of Jul 1, 2021 2, 234, 231
b. Fees Collected 1, 115, 215
c. Interest Earned 9, 249
d. Ex enditures
e. Transfers Out 205, 000)
f. Refunds
Ending Fund Balance as of June 30, 2022 3, 153, 695
2d. Expenditure Summary: Identification of each improvement on which reportable fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that was funded with reportable fees:

Were funds from Fund 2290 expended during the reporting period? No 2e. Description of Transfers and Loans made from fund.

Were funds from Fund 2290 transferred or loaned during the reporting period? Yes A total of $ 205, 000 was transferred from Fund 2290 to cover the Capital Facility Fee Program administration costs.

Report Period: July l, 2021 to June 30, 2022 Page 18
48 Capital Facilities Fee Funds Report
Administration Capital Facility Fee— 2290
105, 000 was transferred to the Capital Facilities Fees Update Project, GG 22- 01. 100, 000 was transferred to the Admin Services, General Fund. 2f. Description of refunds made during reporting period.

Were funds from Fund 2290 refunded during this reporting period? No

The Administration Capital Facility Fee Fund 2290 does not currently have funds appropriated to any Capital Improvement Program ( CIP) Projects for Fiscal Year 2022- 23. Please refer to the City' s 2021- 2026 Capital Improvement Program adopted by City Council June 2, 2021, Resolution 21- 4884.

Report Period: July 1, 2021 to June 30, 2022 Page 19
49 Capital Facilities Fee Funds Report
Environmental Mitigation Capital Facility Fee— 2310
Environmental Mitigation Capital Facilitv Fee — 2310

1. Fee Information
a. Description and Histary of Fee: One of the environmental mitigation measures required in relation to development on the west side of Interstate 5 is the protection of habitat for the Riparian Brush Rabbit. To meet this requirement, land in the " oxbow" along the San Joaquin River was acquired, fenced, and maintained as protected habitat. This fee will be used to acquire the land and construct a fence needed to protect the rabbit as identified in the report titled " City of Lathrop Capital Facilities Fees, As Amended September 2, 2003." Ongoing maintenance costs are to be funded through an endowment or other means, and are not included herein.
b. Amount of Fee: The amount of the fee varies by land use type and location and is only applicable to the Mossdale Village/Landing area.

July l, 2021 to January l, 2022 to
December 3l,°2021 June 30, 2022
Low Densit Residential 213 229
Medium Density 121 129
Residential
Hi h Density Residential 44 47
Villa e Commercial 1, 020 1, 095
Service Commercial 1, 020 1, 095
Freewa Commercial 1, 020 1, 095
Waterfront Resort 1, 020 1, 095
Commercial

2. Fund Information During Reporting Period
Source Amount
a. Be innin Fund Balance as of July 1, 2021
b. Fees Collected 3, 950
c. Interest Earned 3)
d. Ex enditures 3, 947)
e. Transfers Out
f. Refunds
Endin Fund Balance as of June 30, 2022
Report Period: July 1, 2021 to June 30, 2022 Page 20
50 Capital Facilities Fee Funds Report
Environmental Mitigation Capital Facility Fee— 2310
2d. Expenditure Summary: Identification of each improvement on which reportable fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that was funded with reportable fees:

Were funds from Fund 2310 expended during the reporting period? Yes A total of $ 3, 947 was expensed from Fund 2310 to reimbursed developers for constructing public improvements.
2e. Description of Transfers and Loans made from fund.

Were funds from Fund 2310 transferred or loaned during the reporting period? No 2f. Description of refunds made during reporting period.

Were funds from Fund 2310 refunded during this reporting period? No

3. Planned Projects for Fiscal Year 2022- 2023: Identi cation of each improvement on which reportable fees will be expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that will be funded with reportable fees:

The Environmental Mitigation Fund 2310 does not currently have funds appropriated to any Capital Improvement Program ( CIP) Projects for Fiscal Year 2022- 23. Please refer to the City' s 2021- 2026 Capital Improvement Program adopted by City Council June 2, 2021, Resolution 21- 4884.

Report Period: July 1, 2021 to June 30, 2022 Page 21
51 Capital Facilities Fee Funds Report
Regional Levee Impact Fee- 2315
Regional Levee Impact Fee — 2315

1. Fee Information
a. Description and History of Fee: In 2007, the legislature passed California State Bill 5 ( SBS), which requires the state to develop and adopt a comprehensive Central Valley Flood Protection Plan ( CVFPP), The CVFPP was approved by the Central Valley Flood Protection Board in June 2012. In January 2017, Lathrop City Council approved the Interim Urban Levee of Flood Protection Levee Impact Fee ( Nexus Study), Ordinance No. 17- 374, adding the fee to the Capital Facility Fee Program to fund the design and construction of levee system improvements to provide 200- year flood protection to the Reclamation District 17 area.

On December 10, 2018, Lathrop City Council approved the Regional Levee Impact Fee Collection Agreement with San Joaquin Area Flood Control Agency ( SJAFCA) and Cities of Lathrop, Manteca, Stockton and San Joaquin County for the collection of the San Joaquin Area Flood Control Agency Mossdale Tract Area Regional Urban Levee Flood Protection Development Impact Fee. Replacing the Interim Urban Levee of Flood Protection Levee Impact Fee as a result. The Regional Levee Impact Fee is collected by the Land Use Agencies in accordance with the agreement for collection of the San Joaquin Area Flood Control Agency Mossdale Tract Area Regional Urban Level of Flood Protection Development Impact Fee.
b. Amount of Fee: The amount of the fee varies by planned new development land use type.

Unit July l, 2021 to January 1, 2022 to
December 31, 2021 June 30, 2022
Land Use Type Per Gross ' Levee Impact Admin Fee Levee Impact Admin Fee Develo able
Single Family- Acre 18, 845 583 18, 845 583
Residential
Multi- Family - Acre 17, 160 531 17, 160 531
Residential
Commercial Acre 17, 847 552 17, 847 552
Industrial Acre 14, 850 459 14, 850 459

2. Fund Information During Reporting Period
Source Amount
a. Be innin Fund Balance as of Jul l, 2021
b. Fees Collected 2, 249, 868
c. Interest Earned
d. Ex enditures 2, 249, 868)
e. Transfers Out
f. Refunds
Endin Fund Balance as of June 30, 2022
Report Period: July 1, 2021 to June 30, 2022 Page 22
52 Capital Facilities Fee Funds Report
Regional Levee Impact Fee— 2315
2d. Expenditure Summary: Identification of each improvement on which reportable fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that was funded with reportable fees:

Were funds from Fund 2315 expended during the reporting period? Yes A total of$2,249, 868 was expensed from Fund 2315 to SJAFCA pursuant to the approved Regional Levee Impact Fee Collection Agreement for the Mossdale Tract Area Regional Urban Levee Flood Protection Development Impact Fee.
2e. Description of Transfers and Loans made from fund.

Were funds from Fund 2315 transferred or loaned during the reporting period? No 2f. Description of refunds made during reporting period.

Were funds from Fund 2315 refunded during this reporting period? No

3. Planned Projects for Fiscal Year 2022- 2023: Identification of each improvement on which reportable fees will be expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of tne district that will be funded with reportable fees:

The Regional Levee Impact Fee Fund 2351 will not have funds appropriated to any Capital Improvement Program (CIP) Projects. Its purpose is to collect and transmit the development impact fee to SJAFCA to fund construction of the development impact fee projects identified in the Mossdale Tract Area Regional Urban Level of Flood Protection Levee Impact Fee Study " Final Nexus Study" adopted November 8, 2018, SJAFCA, Resolution No. 18- 21.

Report Period: July 1, 2021 to June 30, 2022 Page 23
53 Capital Facilities Fee Funds Report
West Central Lathrop Transportation Capital Facility Fee- 2320 West Central Lathrop Transportation Capital Facility Fee - 2320

1. Fee Information
a. Description and History of Fee: The West/Central Lathrop Regional Transportation Fee is a supplemental fee collected, in conjunction with the original 1997 WLSP ( West Lathrop Specific Plan) Regional Transportation Fee, in order to fund traffic improvements needed as a result of new development.

Negotiations between developers and City staff concluded that a West/Central Lathrop Regional Traffic Impact Fee would be added to the Capital Facilities Fee ( CFF) Program that would help to fund projects identified in the 1997 WLSP Regional Fee as well as to fund newly added improvements.

The W/ C Lathrop Regional Transportation Fee was derived as a result of a traffic study performed by TJKM Transportation Consultants that evaluated trips to / from the regional areas of Lathrop to / from five major service areas within Lathrop: Central Lathrop Specific Plan Area, Mossdale Village, River Islands, Historic Lathrop and area outside of the city limits.

The West Central Lathrop Transportation CFF was reevaluated January 23, 2019. After further review City staff found the project cost were consistent with current cost estimates to construct the improvements with exception of the Louise Avenue Interchange and the Paradise Avenue Interchange improvements.

As a result, the fee study includes adjusting the previous CFF to reflect the effects of inflation as well as an increase to the rates for Central Lathrop, Mossdale Village and River Islands. b. Amount of Fee: The amount of the fee varies by land use type and location.

Jul 1, 2021 to December 31, 2021
Mossdale Mossdale Central River`IslandsLand Use T e Unit Villa e Landin Lathro Stewart Tract Single Famil DU 3, 714 2, 805 3, 802 4, 275
Multi-Family DU 2, 290 1, 725 2, 333 2, 624
Retail
1, 000 sf $ 5, 883 4, 447 4,845 7, 104 Commercial
Service/ Office
1, 000 sf $ 5, 328 4,030 3, 539 3, 922 Commercial
Janu l, 2022 toJune 30, 2022
Mossdale Mossdale Central River IslandsLand Use T e Unit : Villa e Landin Lathro Stewart Tract Sin le Family DU 3, 987 3, 012 4,082 $ 4, 590
Multi- Family DU 2, 459 1, 852 2, 505 $ 2, 817
Retail
1, 000 sf $ 6, 316 4, 774 5, 201 $ 7, 627 Commercial
Service/ Office
1, 000 sf $ 5, 720 4, 327 3, 800 $ 4, 211 Commercial

2. Fund Information ( During Reporting Period)
Report Period: July 1, 2021 to June 30, 2022 Page 24
54 Capital Facilities Fee Funds Report
West Central Lathrop Transportation Capital Facility Fee— 2320 Source Amaunt
a. Be innin Fund Balance as of Jul 1, 2021 9, 761, 368
b. Fees Collected 4,778, 134
c. Interest Earned 40, 126
d. Ex enditures 290)
e. Transfers Out 370, 166)
f. Refunds
Endin Fund Balance as of June 30, 2022 14, 209, 172
2d. Expenditure Summary: Identi cation of each improvement on which reportable fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that was funded with reportable fees:

Were funds from Fund 2320 expended during the reporting period? Yes A total of $ 290 was expensed from Fund 2320 to reimburse development for constructed public improvements.
2e. Description of Transfers and Loans made from fund.

Were funds from Fund 2320 transferred or loaned during the reporting period? Yes A total of$ 370, 166 was transferred from Fund 2320 to the following projects:
350, 000 to the Louise Avenue & I-5 Improvements Project PS 06- 06. 20, 166 to the Golden Valley Parkway Improvements Project PS 20- 25. 2f. Description of refunds made during reporting period.

Were funds from Fund 2320 refunded during this reporting period? No

The West Central Lathrop Transportation Capital Facility Fee Fund 2320 currently has funds appropriated to any Capital Improvement Program ( CIP) Projects for Fiscal Year 2022- 23. Please refer to the City' s 2021- 2026 Capital Improvement Program adopted by City Council June 2, 2021, Resolution 21- 4884.

Pro` ect Amount of Im rovements '
Golden Valley Parkway 20, 166 100
Im rovements, PS 20- 25
Louise Avenue/ I-5 Interchange $ 761, 667 33
Ri ht- of-Wa . PS 06- 06
Total 781, 833
Report Period: July 1, 2021 to June 30, 2022 Page 25
55 Capital Facilities Fee Funds Report
West Lathrop Specific Plan Regional Transportation Impact Fee— 2330 West Lathrop Specific Plan Regional Transportation Impact Fee — 2330

1. Fee Information
a. Description and History of Fee: The West Lathrop Specific Plan ( WLSP) Regional Transportation Impact Fee is collected from planned communities in the Central Lathrop area, Mossdale Village area and the River Islands area to fund regional road improvements needed as a result of new development west of Interstate 5.

The original fee was first developed in 1997 by the Fee Development Committee which is comprised of representatives from the City of Lathrop, San Joaquin Council of Governments, Caltrans, The Crane Transportation Group and Califia ( a River Islands affiliate). The Committee was to evaluate existing transportation facilities to determine if they were sufficient to accommodate for new growth and, if insufficient, to identify the need for additional street infrastructure.

Upon determining a transportation level of service ( LOS), the development projections for the City and project level impacts, a list of transportation system improvements was compiled. This list of improvements was utilized to determine a fee to fund the necessary improvement projects.

The West Central Lathrop Transportation CFF was reevaluated May 3, 2018. After further review City staff found the project cost were consistent with current cost estimates to construct the improvements with exception of the Louise Avenue Interchange and the Paradise Avenue Interchange improvements.

Land Use Type Unit July 1, 2021 to January 1, 2022
December 31, 2021 to June 30, 2022
Single Famil DU 367 394
Multi Family DU 429 461
Retail Commercial 1, 000 sf $ 2, 050 2, 201
Service Commercial 1, 000 sf $ 569 610

2. Fund Information During Reporting Period
Source Amount
a. Beginnin Fund Balance as of Jul 1, 2021 941, 199
b. Fees Collected 476, 318
c. Interest Earned 4, 005
d. Ex enditures 16)
e. Transfers Out 22)
f. Refunds
g. Ending Fund Balance as of June 30, 2022 1, 421, 484
Report Period: July 1, 2021 to June 30, 2022 Page 26
56 Capital Facilities Fee Funds Report
West Lathrop Specific Plan Regional Transportation Impact Fee— 2330 2d. Expenditure Summary: Identi cation of each improvement on which reportable fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that was funded with reportable fees:

Were funds from Fund 2330 expended during the reporting period? Yes A total of $ 16 was expensed from Fund 2330 to reimburse development for constructed public improvements.
2e. Description of Transfers and Loans made from fund.

Were funds from Fund 2330 transferred or loaned during the reporting period? Yes A total of$ 22 was transferred from Fund 2330 to the River Islands Parkway& McKee Boulevard Project PS 17- 02.
2f. Description of refunds made during reporting period.

Were funds from Fund 2330 refunded during this reporting period? No

The West Lathrop Specific Plan Regional Transportation Impact Fee Fund 2330 does not currently have funds appropriated to the Capital Improvement Program ( CIP) Project for Fiscal Year 2022- 23. Please refer to the City' s 2021- 2026 Capital Improvement Program adopted by City Council June 2, 2021, Resolution 21- 4884.

Report Period: July 1, 2021 to June 30, 2022 Page 27
57 Capital Facilities Fee Funds Report
Lathrop Local East Fee— 2340 and Lathrop Local West Fee - 2360 Lathrop Local East — 2340 and Lathrop Local West - 2360

1. Fee Information
a. Description and History of Fee: The Regional Transportation Impact Fee ( RTIF) San Joaquin County was adopted by City Council on December 20, 2005. This fee was adopted to address traffic volumes exceeding the capacity of the regional network of highways and arterials existing in San Joaquin County.

It was determined that existing funding sources, including federal, state, and local sources, will be inadequate to construct the Regional Transportation Netwark needed to avoid unacceptable levels of traffic congestion and related adverse impacts.

The City of Lathrop has an existing local and regional transportation capital facilities fee ( CFF) system in place which began with the West Lathrop Regional Transportation Impact Fee adopted in 1997. In 2003, the City created the West/Central Lathrop Regional Transportation CFF which picked up where the WLSP RTIF ended, by providing for other transportation improvements needed to meet the increase in development in West and Central Lathrop Specific Plan areas. Several other transportation- related CFFs as covered in this report) have been created to address improvements as areas have developed.

The San Joaquin RTIF effectively updates and is incorporated into the WLSP RTIF. RTIF — Lathrop Local East ( Fund 234) was created to account for fees collected from new development in East Lathrop under the new schedule. RTIF— Lathrop Local West ( Fund 236) also accounts for fees collected for new development in West Lathrop under the San Joaquin RTIF fee schedule. Both funds will be used in accordance with the RTIF Operating Agreement in their prospective areas. b. Amount of Fee: The amount of the fee varies by land use type and location. The fees are as follows:

Land Use Type Unit July 1; 2021 to January 1, 2022 to
December 31,' 2021 June 30, 2022
Single Famil DU 3, 696 3, 696
Multi Famil DU 2, 217 2, 217
Industrial 1, 000 sf $ 1, 120 1, 120
Service/ Office Commercial 1, 000 sf $ 1, 850 1, 850
Retail Commercial 1, 000 sf $ 1, 470 1, 470
Warehouse 1, 000 sf $ 460 460
Report Period: July 1, 2021 to June 30, 2022 Page 28
58 Capital Facilities Fee Funds Report
Lathrop Local East Fee— 2340 and Lathrop Local West Fee - 2360 2a. Fund 234— RTIF—Lathro Local East
Source Amount
a. Be innin Fund Balance as of Jul 1, 2021 2, 296, 205
b. Fees Collected 317, 493
c. Interest Earned 8, 295
d. Ex enditures 3, 985)
e. Transfers Out
f. Refunds
g. Endin Fund Balance as of June 30, 2022 2, 618, 008
2c. Fund 236— RTIF— Lathro Local West
Saurce Amount :
a. Be innin Fund Balance as of July 1, 2021 8, 065, 603 b. Fees Collected 3, 345, 663
c. Interest Earned 32, 970
d. Ex enditures 14, 127)
e. Transfers Out
f. Refunds
Ending Fund Balance as of June 30, 2022 11, 430, 110
2d. Expenditure Summary: Identification of each improvement on which reportable fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that was funded with reportable fees:

Were funds from Fund 2340 and 2360 expended during the reporting period? Yes A total of$ 3, 985 was expensed from Fund 2340 and $ 14, 127 was expensed from Fund 2360 to pay San Joaquin Council of Governments for a
portion of 3` d
party cost to implement the RTIF Program.
2e. Description of Transfers and Loans made from fund.

Were funds from Fund 2340 and 2360 transferred or loaned during the reporting period? No 2f. Description of refunds made during reporting period.

Were funds from Fund 2340 and 2360 refunded during this reporting period? No Report Period: July 1, 2021 to June 30, 2022 Page 29
59 Capital Facilities Fee Funds Report
Lathrop Local East Fee— 2340 and Lathrop Local West Fee - 2360

The Lathrop Local East Fee Fund 2340 and Lathrop Local West Fee Fund 2360 do not currently have funds appropriated to the Capital Improvement Program ( CIP) Project for Fiscal Year 2022- 23. Please refer to the City' s 2021- 2026 Capital Improvement Program adopted by City Council June 2, 2021, Resolution 21- 4884.

Report Period: July 1, 2021 to June 30, 2022 Page 30
60 Capital Facilities Fee Funds Report
Regional Transportation Impact Fee San Joaquin County— 2350 Re ional Transportation Impact Fee San Joaquin Countv — 2350

It was determined that existing funding sources, including federal, state, and local sources, will be inadequate to construct the Regional Transportation Network needed to avoid unacceptable levels of traffic congestion and related adverse impacts.

The Regional Transportation Impact Fee San Joaquin County ( Fund 235) meets the agreement requirement to pay ten ( 10) percent of the total fee revenue collected to the County of San Joaquin for the purpose of funding RTIF Capital Projects within the County. Fund 235 has been set up to account for this revenue which is paid on a quarterly basis per the RTIF Operating Agreement. b. Amount of Fee: The amount of the fee varies by land use type and location. Only 10 percent of the fee is placed in Fund 2350 ( See Funds 2340 and 2360). The fund amounts are as follows:

2. Fund 235— RTIF SJ County 10%
Source Amount
a. Be inning Fund Balance as of July 1, 2021
b. Fees Collected 498, 404
c. Interest Earned 628
d. Ex enditures 499, 032)
e. Transfers Out
f. Refunds
g. Endin Fund Balance as of June 30, 2022
2d. Expenditure Summary: Identi cation of each improvement on which reportable fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that was funded with reportable fees:

Were funds from Fund 2350 expended during the reporting period? Yes A total of$ 499, 032 was expensed from Fund 2350 to pay the County of San Joaquin for the portion of fee dedicated to RTIF Capital Projects within the County. 2e. Description of Transfers and Loans made from fund.

Were funds from Fund 2320 transferred or loaned during the reporting period? No 2f. Description of refunds made during reporting period.

Were funds from Fund 2320 refunded during this reporting period? No Report Period: July 1, 2021 to June 30, 2022 Page 31
61 Capital Facilities Fee Funds Report
Regional Transportation Impact Fee San Joaquin County— 2350

The Regional Transportation Impact Fee ( RTIF) Fund 2350 will not have funds appropriated to any Capital Improvement Program ( CIP) Projects. Its purpose is to account for the amount that is paid to the County of San Joaquin for the portion of the fee dedicated to RTIF Capital Projects within the County.

Report Period: July 1, 2021 to June 30, 2022 Page 32
62 Capital Facilities Fee Funds Report
Regional Transportation Impact Fee San Joaquin Council of Governments — 2370 Regional Transportation Impact Fee
San Joaquin Council of Governments 15% — 2370

1. Fee Information
a. Description and History of Fee: The Regional Transportation Impact Fee ( RTIF) Program Operating Agreement establishes the distribution of fee revenue collected by the participating agencies. Ten ( 10) percent of the fees collected by the City of Lathrop and each of the other participating agencies pass directly on to the San Joaquin Council of Governments ( SJCOG) on a quarterly basis. This revenue is
used to fund state highway improvements on the RTIF Project List. Another five ( S) percent is paid directly to SJCOG on a quarterly basis to fund transit improvements on the RTIF Project List. Fund 237 was set up to account for this 15 percent of collected revenue to be passed on to SJCOG. b. Amount of Fee: The amount of the fee is 15 percent of all fees collected under the RTIF Program ( See Funds 2340 and 2360).

2. Fund Information— RTIF SJCOG 15°Io
Source Amount
a. Be innin Fund Balance as of July 1, 2021
b. Fees Collected 747, 701
c. Interest Earned 947
d. Ex enditures 748, 648)
e. Transfers Out
f. Refunds
Endin Fund Balance as of June 30, 2022
2d. Expenditure Summary: Identi cation of each improvement on which reportable fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that was funded with reportable fees:

Were funds from Fund 2370 expended during the reporting period? Yes A total of $ 748, 648 was expensed from Fund 2370 to pay the San Joaquin Council of Governments SJCOG) on a quarterly basis per the RTIF Operating Agreement. 2e. Description of Transfers and Loans made from fund.

Were funds from Fund 2370 transferred or loaned during the reporting period? No 2f. Description of refunds made during reporting period.

Were funds from Fund 2370 refunded during this reporting period? No Repart Period: July 1, 2021 to June 30, 2022 Page 33
63 Capital Facilities Fee Funds Report
Regional Transportation Impact Fee San Joaquin Council of Governments — 2370

The Regional Transportation Impact Fee San Joaquin Council of Governments ( SJCOG) Fund 2370 will not have funds appropriated to any Capital Improvement Program( CIP) Projects. Its purpose is to account for the amount that is paid to SJCOG on a quarterly basis per the RTIF operating Agreement.

Report Period: July l, 2021 to June 30, 2022 Page 34
64 Capital Facilities Fee Funds Report
Offsite Roadway Improvements Fee— 2380
Offsite Roadway Improvements Capital Facility Fee — 2380

1. Fee Information
a. Description and Histor o f Fee: The Offsite Roadway Improvements Fee was adopted by Lathrop City Council on May 29, 2007. The purpose of the fee is to establish a funding mechanism to pay for the offsite roadway improvements applicable to the Land Park Portion of the Central Lathrop Specific Plan ( CLSP) area. The fee is collected to fund an estimated$ 8. 5 million of buildout improvements at six intersections (Roth Road/McKinley Avenue, Lathrop Road/St" Street, Lathrop Road/Airport Road, Louise Avenue/McKinley Avenue, Louise Avenue/Airport Road, and Yosemite Avenue/McKinley Avenue) impacted by the proposed CLSP development located east of Interstate 5. The calculations used for the CLSP offsite intersection CFFs are based on the assumptions and methodology used to calculate the West/ Central Lathrop Regional Transportation CFF in the 2003 and 2005 CFF studies.

The CLSP fair share of offsite intersection costs was allocated to each type of land use based on the adjusted number of afternoon peak hour trips. The cost allocated to each land use type were then divided by the number of units of development to arrive at the appropriate fee for each unit of new development.
b. Amount of Fee: The amount of the fee varies by land use type and location.

Central Lathrop Land Use
Unit July 1, 2021 to January l, 2022 to
T e December 3l; 2022 June 30, 2022
Single Family DU 164 164
Multi Famil DU 101 101
Retail Commercial 1, 000 sf 209 209
Service/ Office Commercial 1, 000 sf 153 153

2. Fund Information (During Reporting Period)
Source Amount
a. Be innin Fund Balance as of July l, 2021 56, 937
b. Fees Collected 67, 186
c. Interest Earned 330
d. Ex enditures
e. Transfers Out
f. Refunds
Ending Fund Balance as of June 30, 2022 124, 453
2d. Expenditure Summary: Identi cation of each improvement on which reportable fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that was funded with reportable fees:

Were funds from Fund 2380 expended during the reporting period? No Report Period: July 1, 2021 to June 30, 2022 Page 35
65 Capital Facilities Fee Funds Report
Offsite Roadway Improvements Fee— 2380
2e. Description of Transfers and Loans made from fund.

Were funds from Fund 2380 transferred or loaned during the reporting period? No 2f. Description of refunds made during reporting period.

Were funds from Fund 2380 refunded during this reporting period? No

The Offsite Roadway Improvements Fee Fund 2380 does not currently have funds appropriated to any Capital Improvement Program ( CIP) Projects for Fiscal Year 2022- 23. Please refer to the City' s 2021- 2026 Capital Improvement Program adopted by City Council June 2, 2021, Resolution 21- 4884.

Report Period: July l, 2021 to June 30, 2022 Page 36
66 Capital Facilities Fee Funds Report
North Lathrop Transportation Capital Facility Fee— 2420 North Lathrop Transportation Capital Facility Fee — 2420

1. Fee Information
a. Description and History of Fee: The North Lathrop Transportation Fee was established in January 2011.

The purpose of the North Lathrop Transportation Fee is to establish a funding mechanism to pay for the planning, design, land acquisition, administration ( including construction management and program management), and construction of the interchange and frontage road improvements ( including streets, intersection relocations and traffic signals). The North Lathrop Study Area boundaries include the City of Lathrop, City of Manteca, and unincorporated San Joaquin County that are impacting the Roth/ IS Interchange and associated frontages
b. Amount of Fee: The amount of the fee varies by land use type and location.

Jul 1, 2021 to June 30, 2022
City of Lathrop
Land Use T e Unit N Lathro Trans ortation
CLSP Residential DU 708. 59
CLSP Commercial 1, 000 sf $ 3, 880. 38
N Lathro Area— Residential DU 839. 13
N Lathro Area— Commercial 1, 000 sf $ 55, 506. 38
Gordon Truckin —Industrial Acre 22, 143. 50
LN Industrial Buildin 1, 000 sf $ 1, 182. 40
KSC Travel CenterAcre 112, 730. 54
Hi hway Commercial
Other Lathrop Projects —Residential DU 817. 61
Highway Commercial 1, 000 sf $ 88, 573. 99
Jul l, 2021 to June 30, 2022
City of Manteca
Land Use T e Unit N Lathro Trans ortation
Center Point- Li ht Industrial 1, 000 sf $ 892. 15
Other Manteca Projects— Li ht Industrial 1, 000 sf $ 1, 485. 95 Retail 1, 000 sf $ 25, 218. 33
Jul 1, 2021 to June 30, 2022
San Joaquin County
Land Use T e Unit` N Lathro Trans ortation
Intermodal facility—Li ht Industrial Acre 52, 395. 89
Other SJ County Projects— Residential Acre 2, 510. 54
Retail Acre 92, 600. 09
Li ht Industrial Acre 7, 804. 42
Report Period: July 1, 2021 to June 30, 2022 Page 37
67 Capital Facilities Fee Funds Repart
North Lathrop Transportation Capital Facility Fee— 2420

2. Fund Information during Reporting Period
Source Amount
a. Be innin Fund Balance as of Jul 1, 2021 11, 400
b. Fees Collected
c. Interest Earned 37
d. Ex enditures
e. Transfers Out
f. Refunds
Endin Fund Balance as of June 30, 2022 11, 437
2d. Expenditure Summary: Identi cation of each improvement on which reportable fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of tne district that was funded with reportable fees:

Were funds from Fund 2420 expended during the reporting period? No 2e. Description of Transfers and Loans made from fund.

Were funds from Fund 2420 transferred or loaned during the reporting period? No 2f. Description of refunds made during reporting period.

Were funds from Fund 2420 refunded during this reporting period? No

The North Lathrop Transportation Fee Fund 2420 does not currently have funds appropriated to the Capital Improvement Program ( CIP) Projects for Fiscal Year 2022- 23. Please refer to the City' s 2021- 2026 Capital Improvement Program adopted by City Council June 2, 2021, Resolution 21- 4884.

Report Period: July 1, 2021 to June 30, 2022 Page 38
68 Capital Facilities Fee Funds Report
Park in Lieu Fee— 3410
Park in Lieu - 3410

1. Fee Information
a. Description and History of Fee: This fee is collected under the authority of the Quimby Act, Califarnia Government Code Section 66477, to fund the acquisition of parkland needed to support new residential development. The fee is only charged in cases where parkland is not dedicated as part of a subdivision. The locations of the projects to be funded are generally described in the " Comprehensive General Plan and Environmental Impact Report for the City of Lathrop, California, December 1991." b. Amount of Fee: The amount of the fee varies from project to project but is always equal to the market value of the land for which the fee is being paid in lieu. Dedication ( or payment of fees) is required in an amount necessary to provide five ( 5) acres of parkland per 1, 000 new residents. An average rate of 3. 59 people per household, results in park dedication of approximately one ( 1) acre of land for every 55. 71 dwelling units.

2. Fund Information ( During Reporting Period)
Source Amount
a. Beginnin Fund Balance as of July 1, 2021 340, 999
b. Fees Collected 804, 551
c. Interest Earned 2, 617
d. Ex enditures
e. Transfers Out
f. Refunds
g. Ending Fund Balance as of June 30, 2022 1, 148, 167
2d. Expenditure Summary: Identification of each improvement on which reportable fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that was funded with reportable fees:

Were funds from Fund 3410 expended during the reporting period? No 2e. Description of Transfers and Loans made from fund.

Were funds from Fund 3410 transferred or loaned during the reporting period? No 2f. Description of refunds made during reporting period.

Were funds from Fund 3410 refunded during this reporting period? No Report Period: July 1, 2021 to June 30, 2022 Page 39
69 c
Capital Facilities Fee Funds Report
Park in Lieu Fee— 3410

3. Planned Projects for Fiscal Year 2022- 23: Identification of each improvement on which reportable fees will be expended and tne amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that will be funded with reportable fees:

The Park in Lieu Fee Fund 3410 currently does not have funds appropriated to the Capital Improvement Program( CIP) Project for Fiscal Year 2022- 23. Please refer to the City' s 2021- 2026 Capital Improvement Program adopted by City Council June 2, 2021, Resolution 21- 4884.

Report Period: July 1, 2021 to June 30, 2022 Page 40
70 Capital Facilities Fee Funds Repart
Water Capital Facility Fee— 5610
Water Capital Facility Fee — 5610

1. Fee Information
a. Description and History of Fee: The Water Capital Facility Fee is collected to fund improvements to water facilities in support of new development as well as to upgrade and maintain the City' s existing system. A water component, based on the city' s planned development, was not added to the Capital Facility Fee Program until the 1994 update as the City' s updated General Plan was not yet complete. The 1994 study, added a fee based on land usage and type appropriate for the City' s future growth to fund and maintain new and existing water facilities. The Capital Facility Fee Program was updated in 2003 to reflect the direction in which the city was headed ( and reevaluated in 2005 to show the impacts of inflation). The 2003 and 2005 studies identified facilities to accommodate for growth west of Interstate 5 as well as growth and improvements in Historic Lathrop.

At the present time, Lathrop obtains water supplies from the underlying groundwater basin using five active wells. Along with the five wells, the City' s existing water system includes four above ground storage tanks, four booster pump stations, and over 77 miles of distribution pipelines.

Four separate water system Capital Facility Fees have been set up to address the current underground water supply.

An updated water system CFF for East Lathrop based on a system buy-in approach since the water system in that area is largely built out;
An incremental cost far West/Central Lathrop to reflect the cost of adding arsenic treatment to groundwater wells and for a portion of the cost of a standby well to provide additional water system reliability for the entire City;
An incremental cost CFF for the Mossdale Landings developments associated with the cost of a 1. 0 MG storage reservoir;
A reimbursement CFF for the Crossroads area.

On August 3, 2015 City Council approved entitlements for the South Lathrop Specific Plan (SLSP) area.

3. 3 million to construct the water system facilities. SLSP' s fair share of the cost is 30% and the remainder of the $ 3. 3 million cost would be funded by other developments that will benefit from this facility. The Water Capital Facility Fee was reevaluated May 3, 2018. The studies included adjusting the previous Capital Facility Fee to reflect the effects of inflation.

In October 2019 the SLSP and the Lathrop Gateway Business Park Specific Plan ( LGBPSP) CFF study provided an update to the CFF program for the SLSP area and established a fee program for the LGBPSP area. The LGBPSP CFF Study identified approximately $ 12. 8 million storm drainage facilities improvements. In May 2020, the CFF program was updated based on actual facility construction cost for SLSP and LGBPSP.

Report Period: July l, 2021 to June 30, 2022 Page 41
71 Capital Facilities Fee Funds Report
Water Capital Facility Fee- 5610
b. Amount of Fee: The amount of the fee varies by meter size and location. The current fees are as follows:

July 1,; 2021 to December3l,
2021
Mossdale "
Village/ LandingSLSP 1Von
Central Lathrop, Mossdale SLCC&
Meter East North SLSP- Non SLCC Landing Gateway
Size Lathro Crossroads Harlan & Stewart Tract ( Stora e) fBuy- In) 5/ 8 $ 1, 316 $ 1, 488 $ 1, 237 808 957 $ 1, 316
1 FS $ 1, 316 N/ A $ 1, 237 808 957 $ 1, 316
3/
a 1, 975 $ 2, 233 $ 1, 855 1, 212 1, 436 $ 1, 975
1 3, 291 $ 3, 721 $ 3, 092 2,022 2, 393 $ 3, 291
1 1/ z $ 6, 581 $ 7, 441 $ 6, 186 $ 4,043 4, 785 $ 6, 581 2 10, 530 $ 11, 905 $ 9, 897 6, 469 7, 658 $ 10, 530
3 19, 745 $ 22, 323 $ 18, 556 12, 130 14, 358 $ 19, 745 4 32, 907 $ 37, 205 $ 30, 927 20,218 23, 930 $ 32, 907
6 65, 814 $ 74, 410 $ 61, 853 40,435 47, 859 $ 65, 814
8 105, 303 $ 119, 056 $ 98, 964 $ 64, 698 76, 574 $ 105, 303 10 190, 862 $ 215, 788 $ 179, 373 117, 264 138, 791 $ 190, 862 Januar 1, 2022 to June 30, 2022
Mossdale
Village/Landing,
Central Lathrop, SLSP Non
StewartTract, Mossdale SLCG&
Meter SLSP- Non SLCC Landing Gateway
Size East' Lathro Crossroads North Harlan Gatewa Stara e) Bu - In)' 5/ 8 $ 1, 413 1, 598 $ 1, 328 868 1, 028 $ 1, 413
1 FS $ 1, 413 N/ A 1, 328 868 1, 028 $ 1, 413
3/
a 2, 120 4, 743 $ 1, 992 1, 302 1, 542 $ 2, 120
1 3, 533 3, 995 $ 3, 320 2, 171 2, 570 $ 3, 533
1 lh $ 7, 066 7, 989 $ 6, 641 4, 341 5, 138 $ 7, 066
2 11, 305 12, 781 $ 10, 626 6, 946 8, 222 $ 11, 305
3 21, 198 23, 966 $ 19, 922 13, 023 15, 415 $ 21, 198
4 35, 330 39, 943 $ 33, 204 21, 706 25, 692 $ 35, 330
6 70, 660 79, 888 $ 66, 406 43, 412 51, 382 $ 70, 660
8 113, 055 127, 820 $ 106, 250 69, 461 82, 212 $ ll3,055 10 204, 913 $ 231, 674 $ 192, 578 125, 896 149, 008 $ 204, 913 Report Period: July 1, 2021 to June 30, 2022 Page 42
72 Capital Facilities Fee Funds Report
Water Capital Facility Fee— 5610
The amount of the fee rates in the SLSP development area are per 1, 000 square feet of building space.

The current fees are as follows:

South Lathr S aecific Plan Unit July 1, 2021 to Jan. 1. 2022 to Land Use Type ( Stora Dec. 31, 2021 June 30, 2022
Office Commercial 1, 000 s ft 1, 055 1, 133
Limited Warehouse 1, 000 s ft 499 535
Warehouse 1, 000 s ft 142 152
The amount of the fee rates in the SLSP— Non SLCC development area are per Acre.

The current fees are as follows:

South Lathrop Svecific Plan Unit July 1, 2021 to Jan. 1. 2022 to Land Use Type fWater-Line) Dec. 31, 2021 June 30, 2022
Office Commercial Acre 10, 205 10, 956
Limited Warehouse Acre 10, 205 10, 956
Warehouse Acre 10, 205 10, 956
The amount of the fee rates in the Lathrop Gateway Business Park development area.

The current fees are as follows:

Lathrop Gateway July 1, 2021 to December3l, 2021
Business Park
Land Use Type Water System Water Line Water Line
Storage Water Loop Non-Water-Loop
Per 1, 000 sf.) ( Acre) Linear Foot)
Shopping Center 605 6, 014 163. 01
Office Park 571 6, 014 163. 01
Industrial Park 454 6, 014 163. 01
Warehouse 130 6, 014 163. 01
Lathrop' Gateway January 1, 2022 to June 30, 2022
Business Park`
Land Use Type Water System ` Water Line Water Line
Storage Water Loop Non-Water Loop
Per 1, 000 sf.) ( Acre) Linear Foot)
Shopping Center 650 6, 457 175. 01
Office Park 614 6, 457 175. 01
Industrial Park 488 6, 457 175. 01
Warehouse 139 6, 457 175. 01
Report Period: July 1, 2021 to June 30, 2022 Page 43
73 Capital Facilities Fee Funds Report
Water Capital Facility Fee— 5610

2. Fund Information during Reporting Period
Source Amounta. Be innin Fund Balance as of Jul 1, 2021 4, 173, 956 b. Fees Collected 1, 438, 710
c. Interest Earned 16, 327
d. Ex enditures 73, 738)
e. Transfers Out
f. Refunds
g. Ending Fund Balance as of June 30, 2022 5, 555, 255
2d. Expenditure Summary: Identi cation of each improvement on which reportable fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that was funded with reportable fees:

Were funds from Fund 5610 expended during the reporting period? Yes A total of $ 73, 738 was expensed from Fund 5610 to reimbursed developers for constructing public improvements.
2e. Description of Transfers and Loans made from fund.

Were funds from Fund 5610 transferred or loaned during the reporting period? No 2f. Description of refunds made during reporting period.

Were funds from Fund 5610 refunded during this reporting period? No

The Water Capital Facility Fee Fund 5610 currently does not have funds appropriated to the Capital Improvement Program( CIP) Project for Fiscal Year 2022- 23. Please refer to the City' s 2021- 2026 Capital Improvement Program adopted by City Council June 2, 2021, Resolution 21- 4884.

Report Period: July 1, 2021 to June 30, 2022 Page 44
74 Capital Facilities Fee Funds Report
Surface Water Capital Facility Fee- 5640
Surface Water Capital Facility Fee - 5640

1. Fee Information
a. Description and History of Fee: The Surface Water Supply Capital Facility Fee is collected to fund The City of Lathrop' s proportionate share of costs related to the South County Surface Water Supply Project SCSWSP) with the South San Joaquin Irrigation District ( SSJID).

The South County Surface Water Supply Project is a joint project between the Cities of Lathrop, Manteca, Escalon and Tracy that built a water treatment facility (the Nick C. DeGroot Treatment Facility), a pipeline to transport raw water from the Woodward Reservoir to the treatment facility and additional pipelines to transport the treated water to the participating cities.

Prior to the SCSWSP the city obtained all of its water supplies from the underlying groundwater basin using wells. With new development and recognizing the limitations of the groundwater resources the SCSWSP was needed. The City issued COPs in 2000 to help pay for the planning, engineering, and design costs associated with the project. Additionally, revenue bonds were issued in 2003 with a par value of$ 32, 530, 000 to fund construction costs for the city' s capacity.

On August 3, 2015 City Council approved entitlements for the South Lathrop Specific Plan ( SLSP) area.

The entitlements required an update to the CFF program to establish fees to fund the improvements for the SLSP area. The SLSP CFF Study" Nexus Study" adopted on March 12, 2018 identified that the SLSP is also subject to the Surface Water Impact fee. The Surface Water Capital Facility Fee was reevaluated May 3, 2018. The studies included adjusting the previous Capital Facility Fee to reflect the effects of inflation.
b. Amount of Fee: The amount of the fee varies by land use type and location.

Jul 1, 2021 to December 31, 2021
Meter Size East Lathrop, Central
Mossdale Village, North Harlan, Lathrop SLSP- Non SLCC Crossroads & Gateway SLSP- SLCC
5/ 8 2, 997 5, 740 4, 236
1" FS 2, 997 5, 740 4, 236
3/
a 4, 496 8, 610 6, 354
1 7, 494 14, 350 10, 590
1 '/ z 14, 987 28, 700 21, 180
2 23, 980 45, 920 33, 888
3 44, 962 86, 100 63, 540
4 74, 937 143, 500 105, 900
6 149, 874 287, 000 211, 800
8 239, 798 459, 200 338, 880
10 434, 635 832, 300 614, 220
Report Period: July 1, 2021 to June 30, 2022 Page 45
75 Capital Facilities Fee Funds Report
Surface Water Capital Facility Fee- 5640
Januar 1,' 2022 to June 30, 2022
East Lathrop, Mossdale Village, ;
North Harlan Central Meter Size SLSP- Non SLCC
Crossroads, & Lathrop
SLSP- SLCC Gateway
5/ 8 3, 162 5, 813 $ 4, 289
1" FS 3, 162 5, 813 $ 4, 289
3/
a 4, 743 8, 720 $ 6, 434
1 7, 905 14, 533 $ 10, 723
1 i/
a 15, 810 29, 065 $ 21, 445
2 25, 295 46, 504 $ 34, 312
3 47, 429 87, 195 $ 64, 335
4 79, 048 145, 325 $ 107, 225
6 158, 095 290, 650 $ 214,450
8 252, 952 465, 040 $ 343, 120
10 458, 476 842, 885 $ 621, 905

2. Fund Information during Reporting Period
Source Amount
a. Be innin Fund Balance as of July 1, 2021 1, 229, 670 b. Fees Collected 2, 713, 157
c. Interest Earned 5, 954
d. Ex enditures 1, 366, 056)
e. Transfers Out
f. Refunds
g. Ending Fund Balance as of June 30, 2022 2, 582, 725
2d. Expenditure Summary: Identification of each improvement on which reportable fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that was funded with reportable fees:

Were funds from Fund 5640 expended during the reporting period? Yes A total of $1, 366, 056 was expensed from Fund 5640 to reimbursed developers for constructing public improvements.
2e. Description of Transfers and Loans made from fund.

Were funds from Fund 5640 transferred or loaned during the reporting period? No 2f. Description of refunds made during reporting period.

Report Period: July l, 2021 to June 30, 2022 Page 46
76 Capital Facilities Fee Funds Report
Surface Water Capital Facility Fee— 5640
Were funds from Fund 5640 refunded during this reporting period? No

3. Planned Projects for Fiscal Year 2022- 2023: Identification of each improvement on which reportable fees will be expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that will be funded with reportable fees:

The Surface Water Supply Fund Fee 5640 does not currently have funds appropriated to any Capital Improvement Program ( CIP) Projects. The fund pays for the costs related to the South County Surface Water Supply Program Project.

Report Period: July 1, 2021 to June 30, 2022 Page 47
77 Capital Facilities Fee Funds Report
Sewer Capital Facility Fee— 6030
Sewer Capital Facilit_y Fee — 6030

1. Fee Information
a. Description and History of Fee: The Sewer Capital Facilities Fees, adopted in 1993, are collected in order to fund new sewer facilities to accommodate new development as well as to provide improvements to the city' s existing facilities. The Crossroads fee is an exception in that it is collected to reimburse the developer for infrastructure that was built with the original project. Lathrop' s existing facilities consist of:

14. 7% capacity of the Manteca Water Quality Control Facility to service the Historic Lathrop area, and the Consolidated Treatment Facility ( CTF) to service development west of Interstate 5 and for businesses located within the Crossroads development area. The CTF represents a consolidation of the two previous Lathrop treatment facilities, the Membrane Biological Reactor (MBR) Treatment Facility and the Water Recycling Plant ( WRP1). An update to the Sewer Capital Facilities Fee was implemented in 2003 and again in 2005 to show the effects of inflation.

The city plans to expand the capacity of the existing CTF plant to accommodate for future growth in the Mossdale Landing and River Islands areas and for Richland Communities development.

On August 3, 2015 City Council approved entitlements for the South Lathrop Specific Plan ( SLSP) area.

The entitlements required an update to the CFF program to establish fees to fund the improvements for the SLSP area. The SLSP CFF Study" Nexus Study" adopted on March 12, 2018 identified that the SLSP is also subject to the Sewer Capital Facility Fee. The fee was reevaluated in January 23, 2019 CFF update and was updated to reflect the effects of inflation. In addition, the CLSP Sewer/ Recycled Water Facilities CFF was added to the CFF program.

In February 2020, the Sewer Reimbursement CFF Study established a fee program for the construction of oversized sewer facilities including future construction of sewer facilities within the City.

Report Period: July 1, 2021 to June 30, 2022 Page 48
78 Capital Facilities Fee Funds Report
Sewer Capital Facility Fee- 6030
b. Amount of Fee: The amount of the fee varies by land use type and location.

July l, 2021 to becember 31, 2021
Mossdale
Mossdale
Village/ Landing, Village/ Landing,
Meter East Lathrop & SLSP- Non SLCC &
Size North Harlan
Crossroads Central Lathrop, Stewart
Gateway Tract, SLSP & Gateway ( Sewer Collect/ Recycle
Recycled Water Outfall)
Water Dist. S stem)
5/ 8 5, 921 49 1, 158
1" FS $ 5, 921 49 1, 158
3/ 4 8, 882 74 1, 736
1 14, 803 122 2, 893
1 '/ z $ 29, 605 243 5, 785
2 47, 368 388 9, 256
3 88, 816 730 17, 356
4 148, 026 1, 217 28, 925
6 296, 053 2, 433 57, 851
8 473, 685 3, 893 92, 561
10 858, 553 7, 055 167, 768
ISU $ 9, 052
GPD 43. 78
Januar 1, 2022 to June 30, 2022
Mossdale
Mossdale
Village/ Landing Village/ Landing,
Meter East Lathrop & Crossroads Central Lathrop, Stewart SLSP- Non SLCC &
Size North Harlan Gateway Tract, SLSP & Gateway Sewer Collect/ Recycle Recycled Water Outfall)
water Dist. S stem)
5/ 8 6, 357 52 1, 243
1" FS $ 6, 357 52 1, 243
3/ 4 9, 535 79 1, 863
1 15, 892 131 3, 106
1 / z $ 31, 785 261 6, 211
2 50,856 417 9, 937
3 95, 354 784 18, 634
4 158, 924 1, 307 31, 055
6 317, 847 2, 612 62, 110
8 508, 556 4, 179 99, 375
10 921, 758 7, 575 180, 119
ISU $ 9, 719
GPD 47. 00
Report Period: July 1, 2021 to June 30, 2022 Page 49
79 Capital Facilities Fee Funds Report
Sewer Capital Facility Fee— 6030
Central Lathron Unit Julv 1; 2021 to Jan. 1, 2022 to
Land Use Twe Dec. 31, 2021 June 30, 2022
Sin le Famil - Residential DU 2, 766 2, 969
Multi-Family- Residential DU 2, 351 2, 524
Commercial 1, 000 sf. 625 671
Industrial 1, 000 sf. 625 671
South Lathrop Specific Unit July 1, 2021 to Jan. l, 2022 to Plan- SLSP Non SLCC Dec. 31, 2021 June 30, 2022
Land Use T e
Office Commercial Acre 20, 832 22, 366
Limited Industrial Acre 20, 832 22, 366
Warehouse Acre 20, 832 22, 366
Lathrop Gateway Unit July:1, 2021 to Jan. l, 2022 to
Business Park ' Dec. 31. 2021 June 30, 2022
Land Use T e
Sho in Center 1, 000 sf. 746 801
Office Park 1, 000 sf. 655 703
Industrial Park 1, 000 sf. 313 337
Warehouse 1, 000 sf. 313 337

3. Fund Information during Reporting Period
Source Amount
a. Beginnin Fund Balance as of July 1, 2021 4, 182, 827 b. Fees Collected 6, 393, 717
c. Interest Earned 22, 458
d. Ex enditures 40, 529)
e. Transfers Out 786, 310)
f. Refunds
Prior Year Ad' ustments
h. Endin Fund Balance as of June 30, 2022 9, 772, 164
Report Period: July 1, 2021 to June 30, 2022 Page 50
80 Capital Facilities Fee Funds Report
Sewer Capital Facility Fee— 6030
2d. Expenditure Summary: Identification of each improvement on which reportable fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of each project of the district that was funded with reportable fees:

Were funds from Fund 6030 expended during the reporting period? Yes A total of $40,529 was expensed from Fund 6030 to reimbursed developers for constructing public improvements.
2e. Description of Transfers and Loans made from fund.

Were funds from Fund 6030 transferred or loaned during the reporting period? Yes A total of$ 786, 310 was transferred from Fund 6030 to cover the following projects; 1, 200, 000 for the Consolidated Treatment Facility Phase 3 Project WW 22- 38 414, 740) for the partion of the Consolidated Treatment Facility Phase II Project, WW 14- 14
1, 050 for indirect costs
2f. Description of refunds made during reporting period.

Were funds from Fund 6030 refunded during this reporting period? No

The Sewer Capital Facility Fee Fund 6030 currently has no funds appropriated to any Capital Improvement Program ( CIP) Projects for Fiscal Year 2022- 23. Please refer to the City' s 2021- 2026 Capital Improvement Program adopted by City Council June 2, 2021, Resolution 21- 4884.

Report Period: July l, 2021 to June 30, 2022 Page 51
81 82
ITEM 4. 5

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

TO PARTICIPATE IN THE ICSC CONFERENCE IN MAY
2023
RECOMMENDATION: Adopt a Resolution Authorizing Out- of- State Travel for Two City Staff Members to Attend and Represent
the City of Lathrop at the Innovating Commerce
Serving Communities ( ICSC) 2023 Conference in
Las Vegas, Nevada from May 21, 2023 to May 23,
2023
CEQA STATUS: Staff has determined that this is not a Project as defined in Section 15378 of the CEQA Guidelines.

SUMMARY:

In an effort to market the City of Lathrop to new job generating businesses and retail establishments that complement the needs and desires of its residents, the Economic Development Administrator and Assistant Community Development Director request approval to travel out- of- state to attend the annual Innovating Commerce Serving Communities, formerly known as International Council of Shopping Centers ( ICSC), conference to be held in Las Vegas, Nevada on May 21, 2023 to May 23, 2023. ICSC 2023 is focused on the attraction of retail establishments and shopping center developers.

BACKGROUND:

The Economic Development Administrator was hired in February 2019 to carry out economic development activities, including marketing the city for attraction of commercial businesses, retail businesses, services and other vital outlets for the success of our community.

On April 11, 2022, City Council approved Resolution No. 22- 5039 authorizing outof-state travel and participation for the Economic Development Administrator and Principal Planner at the ICSC 2022 conference in Las Vegas, Nevada.

ICSC conferences are held each year to allow networking and deal making opportunities related to the retail industry. Staff schedules meetings with prospective decision makers thereby allowing an opportunity to showcase the City of Lathrop as a potential location for new business. Traditionally, city staff has participated in the western Deal Making Show" in Monterey, the " Western Regional Conference" in San Diego, and the larger international " RECON" show in Las Vegas.

Attendance at the Monterey show is approximately 300 - 500 people, 600 people at the San Diego show and more than 40, 000 people at the Las Vegas show including 83 CITY MANAGER' S REPORT PAGE 2
FEBRUARY 13, 2023 CITY COUNCIL REGULAR MEETING

OUT- OF- STATE TRAVEL FOR CITY STAFF
key decision makers, site selection consultants, developers, company representatives, and retailers.

Attendance of two city staff inembers is being requested. Expenses for this out- ofstate travel request include event registration, airfare, transportation, hotel, food, and participation in the Team California exhibit booth. ATTACHMENT " B" includes additional ICSC 2023 Conference and Team California Exhibit Booth Information.

REASON FOR RECOMMENDATION:

Staff requests that the City Council adopt the proposed resolution authorizing Outof- State Travel for two city staff inembers to participate in the ICSC 2023 conference being held in Las Vegas Nevada from May 21, 2023 to May 23, 2023 for the purpose of marketing, outreach, and business attraction.

FISCAL IMPACT:

The total cost for the ICSC conference is estimated to be $ 6, 336. All expenses relating to this conference are within the City Manager Department' s Economic Development Division FY 2022- 2023 budget as approved by City Council.

ATTACH M E NTS:

A. A Resolution of the City Council of the City of Lathrop to Authorize Out- ofState Travel for Two City Staff Members to Attend and Represent the City of Lathrop at the Innovating Commerce Serving Communities 2023 Conference in Las Vegas, Nevada from May 21, 2023 to May 23, 2023 B. ICSC 2023 Las Vegas Conference and Team California Exhibit Booth Information
84 CITY MANAGER' S REPORT PAGE 3
FEBRUARY 13, 2023 CITY COUNCIL REGULAR MEETING

OUT- OF- STATE TRAVEL FOR CITY STAFF
APPROVALS:
2` - 2023
Shelley Burch Date
Economic Development Administrator
2 Cari Jame Date
Finance a' ector
Z z z 3
Salvador Navarrete Date
City Attorney
z. Z3
Stephen J. Salvatore Date
City Manager
85 RESOLUTION NO. 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO

AUTHORIZE OUT- OF- STATE TRAVEL FOR TWO CITY STAFF TO ATTEND AND

REPRESENT THE CITY OF LATHROP AT THE INTERNATIONAL COUNCIL OF SHOPPING CENTERS ( ICSC) 2023 CONFERENCE IN LAS VEGAS, NEVADA FROM MAY 21, 2022 TO MAY 23, 2022
WHEREAS, City Council approved funding for a full- time Economic Development Administrator position to carry out economic development activities on behalf of the City; and
WHEREAS, staff has identified targeted industry opportunities to market the City for the attraction of businesses and retail establishments; and WHEREAS, funding identified for marketing event has been considered and approved within the FY 2022- 2023 budget.

THEREFORE, BE IT RESOLVED that the City Council of the City of Lathrop, authorizes out- of-state travel for the Economic Development Administrator and Assistant Community Development Director to attend and represent the City of Lathrop at the International Council of Shopping Centers 2023 Conference in Las Vegas, Nevada from May 21, 2022 to May 23, 2022.

The foregoing resolution was passed and adopted this 13t" day of February 2023, by the following vote of the City Council, to wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

SONNY DHALIWAL, MAYOR
ATTEST: APPROVED AS TO FORM:
rl
i . -
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney Resolution No. 23- Page 1 of 1
86 ATTACHMENT B

LAS VEGAS
ICSC LAS iEGAS is ouc pr-en ier e ei t and takes place an uaill in Iay. Ir is< i n4 oto three- day gathering of dealmakers nd industry ex} 7ez- ts, vho are drit ing inno ation anc e° ohiri n in the lIarkerplaces Inc usti y.

Registration Fees*
R a' dvance Rate( ends at 1 l:> pi i EST oi Febr- uai- 0, 2023) tember • 5795
vc n ' errt cr • S1,$ 00
Rer iler i1; Iei ber • a0
Stu ez t t tember • S50
Participation Cost:

Members: $ 2, 000 Nonmembers: $ 4, 500
Private Reception Sponsorship and Cost:

Members: $ 1000 Nonmembers: $ 20Q0
We are pfanning a fun reception - we now have a buzz going about our ICSC affer hour events, join us!
Contact robin@teamca. org in order to parEicipate!
Deadline for Artwork - May 12, 2022
TeamCalifornia
87 88
ITEM 4. 6

CITY MANAGER' S REPORT
FEBRUARY 13, 2023 CITY COUNCIL REGULAR MEETING
ITEM: GIS SOFTWARE AND ENTERPRISE LICENSE

AGREEMENT
RECOMMENDATION: Adopt a Resolution Approving a 3- Year Term Enterprise License Agreement with
Environmental Systems Research Institute,
Inc. for the Geographic Information System
GIS)
CEQA STATUS: Not a Project as defined in Section 15378 of the California Environmental Quality Act ( CEQA)
Guidelines
SUMMARY:

In 2011, the City entered into an agreement with Stantec to provide Integration support for the City' s Geographic Information Systems ( GIS) using the GIS software package from Environmental Systems Research Institute, Inc. ( ESRI). The GIS software supports the water, wastewater, recycled water, and storm drainage utilities. The GIS software is required for regulatory compliance and for effective management of the utilities.

ESRI is the sole source provider of the ArcGIS software that includes functionalities that other competitive packages do not offer. The enterprise agreement with ESRI GIS expires on March 27, 2023 and it is necessary for the City to renew the software license to ensure continued functionality of the City' s GIS system.

Staff requests City Council approve a 3- year software license for $ 82, 500 with ESRI for the GIS. Sufficient funds have been budgeted in the Information Systems subscriptions account 1010- 17- 20- 435- 10- 00.

BACKGROUND:

On March 21, 2011, the City Council approved a contract with Stantec to provide Integration support services to update the City' s GIS system using the ESRI GIS software. The ESRI GIS software allows the City to continue the development and updates of the GIS database and web- viewer.

APPROVE THREE- YEAR TERM ENTERPRISE LICENSE AGREEMENT WITH ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC. FOR THE

GEOGRAPHIC INFORMATION SYSTEM ( GIS)
The City has invested resources into the development of the GIS with the software from ESRI and it would not be cost effective to move to another software platform, furthermore, GIS from ESRI is an industry standard software with functionalities that other competitive package do not currently offer.

Staff requests Council approve a 3- year term Enterprise License Agreement with ESRI for $ 82, 500 to be paid from Information Systems Subscription account 1010- 17- 20- 435- 10- 00.

REASON FOR RECOMMENDATION:

Staff recommends extending the GIS software license to ensure the City continues to meet regulatory requirements for the potable water, storm drainage, wastewater, and recycled water systems and for effective management of the utilities.

CEQA STATUS:

Not a project as defined in Section 15378 of the State CEQA guidelines.

FISCAL IMPACT:

The cost for the 3- year ESRI GIS software license is $ 82, 500 ($ 27, 500 per year).

Sufficient funds have been allocated for this agreement in the Information Systems account 1010- 17- 20- 435- 10- 00; therefore, no budget amendment is requested at this time.

ATTACHMENTS:

A. Resolution Approving a 3 Year Enterprise License Agreement with Environmental Systems Research Institute, Inc. ( ESRI) for the Geographic Information System ( GIS)
B. ESRI - ArcGIS Software Small Utility Enterprise License agreement 90 CITY MANAGER' S REPORT PAGE 3
FEBRUARY 13, 2023 CITY COUNCIL REGULAR MEETING

APPROVE THREE- YEAR TERM ENTERPRISE LICENSE AGREEMENT WITH ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC. FOR THE

GEOGRAPHIC INFORMATION SYSTEM ( GIS)

APPROVALS
3 a6a.3
To andes Date
nformation Systems Director
Z / i / 2 o Z 3
Cari James Date
Finance Director
Z - 1 - 2 023
Michael King Date
Assistant City Manager
2_---o z. 3
Salvador Navarrete Date
City Attorney
2- 3• z3
Step en J. Salvatore Date
City Manager
91 RESOLUTION NO. 23 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING A 3- YEAR TERM ENTERPRISE LICENSE AGREEMENT WITH ENVIRONMENAL SYSTEMS RESEARCH INSTITUTE, INC. FOR THE

GEOGRAPHIC INFORMATION SYSTEM ( GIS)
WHEREAS, in 2011, the City entered into an agreement with Stantec to provide Integration support for the City' s Geographic Information Systems ( GIS) using the ArcGIS software package from Environmental Systems Research Institute, Inc. ( ESRI)); and
WHEREAS, the GIS software supports the water, wastewater, recycled water, and storm drainage utilities. The GIS software is required for regulatory compliance and for effective management of the utilities; and
WHEREAS, ESRI is the sole source provider of the GIS software that includes functionalities that other competitive packages do not offer; and WHEREAS, the Small Utility Enterprise License agreement with ESRI GIS expires on March 27, 2023 and it is necessary for the City to renew the software license to ensure continued functionality of the City' s GIS system; and WHEREAS, the cost for the 3- year ESRI GIS software license is $ 82, 500 27, 500 per year); and
WHEREAS, sufficient funds have been budgeted in the Information Systems subscription account 1010- 17- 20- 435- 10- 00; therefore, no budget amendment is necessary; and
WHEREAS, staff requests City Council approve a 3- year software license for 82, 500 with ESRI for the GIS.

NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Lathrop does hereby approve the 3- Year Term Enterprise License Agreement with ESRI for the GIS Software License and authorize the City Manager to sign; and NOW, THEREFORE, BE IT FURTHER RESOLVED, the proposed agreement is not a project as defined in Section 15378 of the State CEQA Guidelines. 92 The foregoing resolution was passed and adopted this 13t'' day of February 2023, 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 93 CITY OF LATHROP

AGREEMENT FOR UTILITY LICENSE SOFTWARE AND

MAINTENANCE SERVICES WITH ENVIRONMENTAL SYSTEMS
RESEARCH INSTITUTE, INC.

FOR THE ARC GEOGRAPHIC INFORMATION SYSTEM SOFTWARE
THIS AGREEMENT dated for convenience this of March 2023, is by and made and entered into by and befinreen Environmental Systems Research Institute, Inc.

CONTRACTOR") and the CITY OF LATHROP, a California municipal corporation CITY");
RECITALS:

WHEREAS, CONTRACTOR is sole source provider of the ArcGIS software and is specially trained, experienced, and competent to continue to provide GIS maintenance services for the City' s existing ArcGIS software, with are required by this agreement; and WHEREAS, the term of the ArcGIS software license agreement dated March 28, 2022 will expire March 27, 2023 and continued ArcGIS software and services are needed; and
WHEREAS, CONTRACTOR is willing to render such GIS software license and maintenance services for three years as set forth in Exhibit " A", as hereinafter defined, on the following terms and conditions;
NOW, THEREFORE, CONTRACTOR and the CITY agree as follows:

AGREEMENT
1) Scope of Service.

CONTRACTOR agrees to provide GIS software license and maintenance services for three ( 3) years.
2) Compensation.

CITY hereby agrees to pay CONTRACTOR a sum not to exceed $ 82, 500 for a three ( 3) year Small Municipal and County Enterprise License Agreement as set forth in Exhibit "A".
3) Effective Date and Term.

The effective date of this AGREEMENT is March 27, 2023 and it shall terminate no later than March 27, 2026.
4) Terms and Conditions.

All terms and conditions set forth in Exhibit "A" are hereby incorporated as if fully set forth herein.

Page 1 of 2 ends

94 CITY OF LATHROP — AGREEMENT WITH ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC.
5) Siqnatures.

The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the CONSULTANT and the CITY. This agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.

Approved as to Form: City of Lathrop
Salvador Navarrete Date
City Attorney
Recommended for Approval: City of Lath
l- - aZ3
To rnandes Date
nformation Systems Director
Approved by: City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Stephen J. Salvatore Date
City Manager
CONTRACTOR: Environmental Systems Research Institute, Inc. 380 New York Street
Redlands, CA 92373- 8100
Fed I D # 95- 2775732
Signature Date
Print Name and Title)

Page 2 of 2 ends

95 esria l WHEREE
December 27, 2022
Mr. Tony Fernandes
City of Lathrop
390 Towne Center Dr
Lathrop, CA 95330
Dear Tony,
The Esri Small Municipal and County Government Enterprise Agreement( SGEA) is a three- year agreement that will grant your organization access to Esri term license software. The EA will be effective on the date executed and will require a firm, three- year commitment.

Based on Esri' s work with several organizations similar to yours, we know there is significant potential to apply Geographic Information System( GIS) technology in many operational and technical areas within your organization. For this reason, we believe that your organization will greatly benefit from an Enterprise Agreement EA).

An EA will provide your organization with numerous benefits including:

A lower cost per unit for licensed software
Substantially reduced administrative and procurement expenses Complete flexibility to deploy software products when and where needed The following business terms and conditions will apply:

All current departments, employees, and in- house contractors of the organization will be eligible to use the software and services included in the EA.

If your organization wishes to acquire and/ or maintain any Esri software during the term ofthe agreement that is not included in the EA, it may do so separately at the Esri pricing that is generally available for your organization for software and maintenance.

The organization will establish a single point of contact for orders and deliveries and will be responsible for redistribution to eligible users.

The organization will establish a Tier 1 support center to field calls from internal users of Esri software.

The organization may designate individuals as specified in the EA who may directly contact Esri for Tier 2 technical support.

The organization will provide an annual report of installed Esri software to Esri.

Esri software and updates that the organization is licensed to use will be automatically available for downloading.

The fee and benefits offered in this EA proposal are contingent upon your acceptance of Esri' s Small Municipal and County Government EA terms and conditions. 380 New York Street 909. 793. 2853 esri. com
Redlands, California 92373- 8100 USA info@esri. com
96 Small Government Enterprise Agreement
Licenses are valid for the term of the EA.

This program offer is valid for 90 days. To complete the agreement within this time frame, please contact me within the next seven days to work through any questions or concerns you may have.

To expedite your acceptance ofthis EA offer:

1. Sign and return the EA contract with a Purchase Order or issue a Purchase Order that references this EA Quotation and includes the following statement on the face ofthe Purchase Order:

THIS PURCHASE ORDER IS GOVERNED BY THE TERMS AND CONDITIONS OF THE ESRI

SMALL MUNICIPAL AND CODNTY GOVERNMENT EA, AND ADDITIONAL TERMS AND CONDITIONS IN THIS PURCHASE ORDER WILL NOT APPL Y."
Have it signed by an authorized representative ofthe organization.

2. On the first page ofthe EA, identify the central point of contact/ agreement administrator. The agreement administrator is the party that will be the contact for management ofthe software, administration issues, and general operations. Information should include name, title( ifapplicable), address, phone number, and e- mail address.

3. In the purchase order, identify the" Ship to" and" Bill to" information for your organization.

4. Send the purchase order and agreement to the address, email or fa c noted below:

Esri e- mail: service@esri. com
Attn: Customer Service SG- EA fax documents to: 909- 307- 3083 380 New York Street
Redlands, CA 92373- 8100
I appreciate the opportunity to present you with this proposal, and I believe it will bring great benefits to your organization.

Thank you very much for your consideration.

Best Regards,
Jay Hoffman
97 THE Quotation # Q-475501
esris I OFENCE
w" E" E Date: December 27, 2022
Environmental Systems Research Institute, Inc. Customer# 431667 Contract# ENTERPRISE 380 New York St AGREEMENT
Redlands, CA 92373- 8100
Phone: ( 909) 793- 2853 Ciry of Lathrop
DUNS Number: 06- 313-4175 CAGE Code: OAMS3 Utilities Dept 390 Towne Center Dr
Lathrop, CA 95330
To expedite your order, p/ease atfach a copy of ATTENTION: Tony Fernandes this quotation to your purchase order. PHONE: ( 209) 941- 7349 Quote is valid from: 12/27/2022 To: 3/ 27/2023 EMAIL: tfernandes@ci. lathrop. ca. us Material Qty Term Unit Price Total
168177 1 Year 1 2023- 2024 27, 500. 00 27, 500. 00
Populations of 0 to 25, 000 Small Government Enterprise Agreement Annual Subscription 168177 1 Year 2
2024- 2025 27, 500. 00 27, 500. 00
Populations of 0 to 25, 000 Small Government Enterprise Agreement Annual Subscription 168177 1 Year 3
2025- 2026 27, 500. 00 27, 500. 00
Populations of 0 to 25, 000 Small Government Enterprise Agreement Annual Subscription Subtotal: 82, 500. 00
Sales Tax: 0. 00
Estimated Shipping and Handling( 2 Day Delivery): 0. 00 Contract Price Adjust: 0. 00
Total: 82, 500. 00
Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program.

For questions contact: Email: Phone:
ay Hoffman jhoffman@esri. com 1- 800- 447- 9778 x5675
The items on this quotation are subject to and governed by the terms of this quotation, the most current product specific scope of use document found at htt s•// assets esri com/ content/ dam/ esrisites/ mediaAegal/ aroduct- s ecific-terms- of-use/e300 adf, and your applicable signed agreement with Esri. If no such agreement covers any item quoted, then Esri' s standard terms and conditions found at https:// go.esri. com/ MAPS apply to your purchase of that item. If any item is quoted with a multi- year payment schedule, then unless otherwise stated in this quotation, Customer is required to make all payments without right of cancellation. Third- party data sets included in a quotation as separately( icensed items will only be provided and invoiced if Esri is able to provide such data and will be subject to the applicable third- party' s terms and conditions. If Esri is unable to provide any such data set, Customer will not be responsible for any further payments for the data set. US Federal government entities and US government prime contractors authorized under FAR 51. 1 may purchase under the terms of Esri' s GSA Federal Supply Schedule. Supplemental terms and conditions found at httos:// www. esri. com/ en- us/ legal/ terms/ state- supplemental apply to some US state and local government purchases. All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esri' s offerings. Acceptance of this quotation is limited to the terms of this quotation. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. Unless prohibited by law, the quotation information is confidential and may not be copied or released other than for the express purpose of system selection and purchase/ license. The information may not be given to outside parties or used for any other purpose without consent from Esri. Delivery is FOB Origin for customers located in the USA.

HOFFMANJ This offer is limited to the terms and conditions incorporated and attached herein. 98 7HE Quotation # Q-475501

I OFENCE
WNERE" D8t@: DBC@R1L @ L7 2022
Environmental Systems Research Institute, Inc. Customer# 431667 Contract# ENTERPRISE 380 New York St AGREEMENT
Redlands, CA 92373- 8100
Phone: ( 909) 793- 2853 City of Lathrop
DUNS Number: 06- 313- 4175 CAGE Code: OAMS3 Utilities Dept 390 Towne Center Dr
Lathrop, CA 95330
To expedite your order, please attach a copy of ATTENTION: Tony Fernandes this quotation to your purchase order. PHONE: ( 209) 941- 7349 Quote is valid from: 12/27/2022 To: 3/ 27/2023 EMAIL: tfernandes@ci. lathrop. ca. us If you have made ANY alterations to the line items included in this quote and have chosen to sign the quote to indicate your acceptance, you must fax Esri the signed quote in its entirety in order for the quote to be accepted. You will be contacted by your Customer Service Representative if additional information is required to complete your request.

If your organization is a US Federal, state, or local govemment agency; an educational facility; or a company that will not pay an invoice without having issued a formal purchase order, a signed quotatio will not be accepted unless it is accompanied by your purchase order.

In order to expedite processing, please reference the quotation number and any/ all applicable Esri contract number( s)( e. g. MPA, ELA, SmartBuy, GSA, BPA) on your ordering document.

BY SIGNING BELOW, YOU CONFIRM THAT YOU ARE AUTHORIZED TO OBLIGATE FUNDS FOR YOUR ORGANIZATION, AND YOU ARE AUTHORIZING

ESRI TO ISSUE AN INVOICE FOR THE ITEMS INCLUDED IN THE ABOVE QUOTE IN THE AMOUNT OF S PLUS SALES TAXES IF APPLICABLE. DO NOT USE THIS FORM IF YOUR ORGANIZATION WILL NOT HONOR AND PAY ESRI' S INVOICE WITHOUT ADDITIONAL AUTHORIZING PAPERWORK.

Please check one of the following:

I agree to pay any applicable sales tax.

I am tax exempt, please contact me if exempt information is not currently on fle with Esri.

Signature of Authorized Representative Date
Name( Please Print)
Title
The quotation information is proprietary and may not be copied or released other than for lhe express purpose of system selection and purchase/license. This information may not be given to outside parties or used for any olher purpose withoul consent 6om Environmental Systems Research Institute, Inc.( Esn).

Any estimated sales and/ or use tax reflected on this quole has been calculated as of the date of this quotation and is merely provided as a convenience for your organization' s budgetary purposes. Esri reserves the righl to adjust and collect sales and/ or use tax at the actual date of invoicing. If your organizalion is tax exempt or pays state tax directly, then prior to invoicing, your organization must provide Esri with a copy of a current tax exemption certificate issued by your state' s taxing authoriry for the given jurisdiction.

Esri may charge a fee to cover expenses related to any customer requirement to use a propriefary vendor management, procurement, or invoice program.

For questions contact: Email: Phone:
ay Hoffman jhoffman@esri. com 1- 800- 447- 9778 x5675
The items on this quotation are subject to and governed by the terms of this quotation, the most current product specific scope of use document found at httos:// assets. esri. com/ contenUdam/ esrisites/ media/ legal/ product- specific- terms- of- use/ e300. pdf, and your applicable signed agreement with Esri. If no such agreement covers any item quoted, then Esri' s standard terms and conditions found at httos://go.esri. com/ MAPS apply to your purchase of that item. If any item is quoted with a multi- year payment schedule, then unless otherwise stated in this quotation, Customer is required to make all payments without right of cancellation. Third- party data sets included in a quotation as separately licensed items will only be provided and invoiced if Esri is able to provide such data and will be subject to the applicable third- party' s terms and conditions. If Esri is unable to provide any such data set, Customer will not be responsible for any further payments for the data set. US Federal government entities and US government prime contractors authorized under FAR 51. 1 may purchase under the terms of Esri' s GSA Federal Supply Schedule. Supplemental terms and conditions found at h s:// www.esri. com/ en- us/ legal/ terms/ state- supplemental apply to some US state and local government purchases. All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esri' s offerings. Acceptance of this quotation is limited to the terms of this quotation. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. Unless prohibited by law, the quotation information is confidential and may not be copied or released other than for the express purpose of system selection and purchase/license. The information may not be given to outside parties or used for any other purpose without consent from Esri. Delivery is FOB Origin for customers located in the USA.

HOFFMANJ This offer is limited to the terms and conditions incorporated and attached herein. 99 Esri Use Only:

Cust. Name
Cust.
t
PO#
Esri Agreement#

SMALL ENTERPRISE AGREEMENT

COUNTY AND MUNICIPALITY GOVERNMENT
E214- 1)
This Agreement is by and between the organization identified in the Quotation (" Customer") and Environmental Systems Research Institute, Inc. (" Esri").

This Agreement sets forth the terms for Customer' s use of Products and incorporates by reference ( i) the Quotation and ( ii) the Master Agreement. Should there be any conflict between the terms and conditions of the documents that comprise this Agreement, the order of precedence for the documents shall be as follows: ( i) the Quotation, ( ii) this Agreement, and ( iii) the Master Agreement. This Agreement shall be governed by and construed in accordance with the laws of the state in which Customer is located without reference to conflict of laws principles, and the United States of America federal law shall govern in matters of intellectual property. The modifications and additional rights granted in this Agreement apply only to the Products listed in Table A.

Table A
List of Products
Uncapaed Quantities Developer Tools
Desktop Software and Extensions ( Single Use) ArcGIS Engine ArcGIS Desktop Advanced ArcGIS Engine Extensions: ArcGIS 3D Analyst, ArcGIS ArcGIS Desktop Standard Spatial Analyst, ArcGIS Engine Geodatabase Update, ArcGIS Desktop Basic ArcGIS Network Analyst, ArcGIS Schematics ArcGIS Desktop Extensions: ArcGIS 3D Analyst, ArcGIS Runtime ( Standard) ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst, ArcGIS Runtime Analysis Extension ArcGIS Publisher, ArcGIS Network Analyst, ArcGIS
Schematics, ArcGIS Workflow Manager, ArcGIS Data Limited Quantities Reviewer One( 1) Professional subscription to ArcGIS Developer Two( 2) ArcGIS CityEngine Single Use Licenses
Enterprise Software and Extensions 50 ArcGIS Online Viewers ArcGIS Enterprise and Workgroup 50 ArcGIS Online Creators Advanced and Standard) 10,000 ArcGIS Online Service Credits ArcGIS Monitor
50 ArcGIS Enterprise Creators
ArcGIS Enterprise Extensions: ArcGIS 3D Analyst, 2 ArcGIS Insights in ArcGIS Enterprise ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst,
2 ArcGIS Insights in ArcGIS Online
ArcGIS Network Analyst, ArcGIS Schematics, ArcGIS
5 ArcGIS Tracker for ArcGIS Enterprise
Workflow Manager
5 ArcGIS Tracker for ArcGIS Online
2 ArcGIS Parcel Fabric User Type Extensions( Enterprise) 2 ArcGIS Utility Network User Type Extensions( Enterprise) Enterprise Additional Capability Servers 2 ArcGIS Trace Network User Type Extensions( Enterprise) ArcGIS Image Server

OTHER BENEFITS
Number of Esri User Conference registrations provided annually 2 Number of Tier 1 Help Desk individuals authorized to call Esri 2 Maximum number of sets of backup media, if requested" 2 Five percent( 5%) discount on all individual commercially available instructor- led training classes at Esri facilities purchased outside this Agreement
Additional sets of backup media may be purchased for a fee

Page 1 of 6 ends

100
Customer may accept this Agreement by signing and returning the whole Agreement with ( i) the Quotation attached, ( ii) a purchase order, or( iii) another document that matches the Quotation and references this Agreement(" Ordering Document"). ADDITIONAL OR CONFLICTING TERMS IN CUSTOMER' S PURCHASE

ORDER OR OTHER DOCUMENT WILL NOT APPLY, AND THE TERMS OF THIS AGREEMENT WILL GOVERN. This Agreement is effective as of the date of Esri' s receipt of an Ordering Document, unless otherwise agreed to by the parties (" Effective Date").

Term of Agreement: Three ( 3) years
This Agreement supersedes any previous agreements, proposals, presentations, understandings, and arrangements between the parties relating to the licensing of the Products. Except as provided in Article 4— Product Updates, no modifications can be made to this Agreement.

Accepted and Agreed:

Customer)
By:

Authorized Signature
Printed Name:

Title:

Date:

CUSTOMER CONTACT INFORMATION
Contact: Telephone:

Address: Fax:

City, State, Postal Code: E- mail:

Country:

Quotation Number( if applicable):

Page 2 of 6 ends

101
I. O— ADDITIONAL DEFINITIONS Z. O— ADDITIONAL GRANT OF LICENSE In addition to the definitions provided in the Master 2. 1 Grant of License. Subject to the terms and Agreement, the following definitions apply to this conditions of this Agreement, Esri grants to Agreement: Customer a personal, nonexclusive,
nontransferable license solely to use, copy, and
Case" means a failure of the Software or Online Deploy quantities of the Products listed in Services to operate according to the Documentation Table A— List of Products for the Term of where such failure substantially impacts operational Agreement( i) for the applicable Fee and ( ii) in or functional performance. accordance with the Master Agreement.

Deploy", " Deployed" and " DeploymenY' mean to 2. 2 Consultant Access. Esri grants Customer the redistribute and install the Products and related right to permit Customer' s consultants or Authorization Codes within Customer' s contractors to use the Products exclusively for organization( s). Customer' s benefit. Customer will be solely responsible for compliance by consultants and
Fee" means the fee set forth in the Quotation. contractors with this Agreement and will ensure that the consultant or contractor discontinues
Maintenance" means Tier 2 Support, Product use of Products upon completion of work for updates, and Product patches provided to Customer Customer. Access to or use of Products by during the Term of Agreement. consultants or contractors not exclusively for Customer' s benefit is prohibited. Customer may
Master AgreemenY' means the applicable master not permit its consultants or contractors to install agreement for Esri Products incorporated by this Software or Data on consultant, contractor, or reference that is ( i) found at https:// www. esri. com/ en- third- party computers or remove Software or us/ leqal/ terms/ full- master- actreement and available in Data from Customer locations, except for the the installation process requiring acceptance by purpose of hosting the Software or Data on electronic acknowledgment or( ii) a signed Esri Contractor servers for the benefit of Customer. master agreement or license agreement that
supersedes such electronically acknowledged
master agreement. 3. 0— TERM, TERMINATION, AND EXPIRATION Product( s)" means the products identified in 3. 1 Term. This Agreement and all licenses Table A— List of Products and any updates to the list hereunder will commence on the Effective Date Esri provides in writing. and continue for the duration identified in the Term of Agreement, unless this Agreement is
Quotation" means the offer letter and quotation terminated earlier as provided herein. Customer provided separately to Customer. is only authorized to use Products during the Term of Agreement. For an Agreement with a
Technical Support" means the technical limited term, Esri does not grant Customer an assistance for attempting resolution of a reported indefinite or a perpetual license to Products.

Case through error correction, patches, hot fixes,
workarounds, replacement deliveries, or any other 3. 2 No Use upon Agreement Expiration or type of Product corrections or modifications. Termination. All Product licenses, all Maintenance, and Esri User Conference
Tier 1 Help Desk" means Customer' s point of registrations terminate upon expiration or contact( s) to provide all Tier 1 Support within termination of this Agreement.

Customer' s organization( s).

3. 3 Termination for a Material Breach. Either party
Tier 1 Support" means the Technical Support may terminate this Agreement for a material provided by the Tier 1 Help Desk. breach by the other party. The breaching party will have thirty( 30) days from the date of written
Tier 2 Support" means the Esri Technical Support notice to cure any material breach. provided to the Tier 1 Help Desk when a Case
cannot be resolved through Tier 1 Support. 3. 4 Termination for Lack of Funds. For an Agreement with government or governmentPage 3 of 6 August 31, 2021 102
owned entities, either party may terminate this than the defined Products will receive Maintenance.

Agreement before any subsequent year if Customer may acquire maintenance for other Customer is unable to secure funding through Software outside this Agreement. the legislative or governing body' s approval
process. a. Tier 1 Support

3. 5 Follow- on Term. If the parties enter into 1. Customer will provide Tier 1 Support another agreement substantially similar to this through the Tier 1 Help Desk to all Agreement for an additional term, the effective Customer' s authorized users. date of the follow- on agreement will be the day
after the expiration date of this Agreement. 2. The Tier 1 Help Desk will be fully trained in the Products.

4. 0— PRODUCT UPDATES 3. At a minimum, Tier 1 Support will include those activities that assist the user in

4. 1 Future Updates. Esri reserves the right to resolving how- to and operational questions update the list of Products in Table A— List of as well as questions on installation and Products by providing written notice to troubleshooting procedures.

Customer. Customer may continue to use all
Products that have been Deployed, but support 4. The Tier 1 Help Desk will be the initial point and upgrades for deleted items may not be of contact for all questions and reporting of a available. As new Products are incorporated into Case. The Tier 1 Help Desk will obtain a full the standard program, they will be offered to description of each reported Case and the Customer via written notice for incorporation into system configuration from the user. This the Products schedule at no additional charge. may include obtaining any customizations, Customer' s use of new or updated Products code samples, or data involved in the Case. requires Customer to adhere to applicable
additional or revised terms and conditions in the 5. If the Tier 1 Help Desk cannot resolve the Master Agreement. Case, an authorized Tier 1 Help Desk
individual may contact Tier 2 Support. The

4. 2 Product Life Cycle. During the Term of Tier 1 Help Desk will provide support in such Agreement, some Products may be retired or a way as to minimize repeat calls and make may no longer be available to Deploy in the solutions to problems available to identified quantities. Maintenance will be subject Customer' s organization. to the individual Product Life Cycle Support
Status and Product Life Cycle Support Policy, 6. Tier 1 Help Desk individuals are the only which can be found at individuals authorized to contact Tier 2 https:// support. esri. com/ en/ other- Support. Customer may change the Tier 1 resources/ product- life- cvcle. Updates for Help Desk individuals by written notice to Products in the mature and retired phases may
Esri.
not be available. Customer may continue to use
Products already Deployed, but Customer will b. Tier 2 Support not be able to Deploy retired Products. 1. Tier 2 Support will log the calls received from Tier 1 Help Desk.

5. 0— MAINTENANCE 2. Tier 2 Support will review all information collected by and received from the Tier 1
The Fee includes standard maintenance benefits Help Desk including preliminary documented during the Term of Agreement as specified in the troubleshooting provided by the Tier 1 Help most current applicable Esri Maintenance and Desk when Tier 2 Support is required.

Support Program document( found at
https:// www. esri. com/ en- 3. Tier 2 Support may request that Tier 1 Help us/ leqal/ terms/ maintenance). At Esri' s sole Desk individuals provide verification of discretion, Esri may make patches, hot fixes, or information, additional information, or updates available for download. No Software other answers to additional questions to

Page 4 of 6 ends

103
supplement any preliminary information operate, or allow access to the Products. If this gathering or troubleshooting performed by is a multi-year Agreement, Esri may invoice the Tier 1 Help Desk. Fee up to thirty( 30) calendar days before the annual anniversary date for each year.

4. Tier 2 Support will attempt to resolve the
Case submitted by Tier 1 Help Desk. b. Undisputed invoices will be due and payable

5. When the Case is resolved, Tier 2 Support
within thirty( 30) calendar days from the date of
will communicate the information to Tier 1
invoice. Esri reserves the right to suspend
Help Desk, and Tier 1 Help Desk will
Customer' s access to and use of Products if
disseminate the resolution to the user( s).

Customer fails to pay any undisputed amount
owed on or before its due date. Esri may charge
Customer interest at a monthly rate equal to the
lesser of one percent( 1. 0%) per month or the

6. 0— ENDORSEMENT AND PUBLICITY maximum rate permitted by applicable law on any overdue fees plus all expenses of collection
This Agreement will not be construed or interpreted for any overdue balance that remains unpaid as an exclusive dealings agreement or Customer' s
ten ( 10) days after Esri has notified Customer of
endorsement of Products. Either party may publicize the past- due balance. the existence of this Agreement.
c. Esri' s federal ID number is 95- 2775- 732.

7. 0— ADMINISTRATIVE REQUIREMENTS d. If requested, Esri will ship backup media to the ship- to address identified on the Ordering

7. 1 OEM Licenses. Under Esri' s OEM or Solution Document, FOB Destination, with shipping OEM programs, OEM partners are authorized to charges prepaid. Customer acknowledges that embed or bundle portions of Esri products and should sales or use taxes become due as a services with their application or service. OEM result of any shipments of tangible media, Esri partners' business model, licensing terms and has a right to invoice and Customer will pay any conditions, and pricing are independent of this such sales or use tax associated with the receipt Agreement. Customer will not seek any discount of tangible media. from the OEM partner or Esri based on the
availability of Products under this Agreement. 8. 2 Order Requirements. Esri does not require Customer will not decouple Esri products or Customer to issue a purchase order. Customer services from the OEM partners' application or may submit a purchase order in accordance with service. its own process requirements, provided that if Customer issues a purchase order, Customer

7. 2 Annual Report of Deployments. At each will submit its initial purchase order on the anniversary date and ninety( 90) calendar days Effective Date. If this is a multi- year Agreement, prior to the expiration of this Agreement, Customer will submit subsequent purchase Customer will provide Esri with a written report orders to Esri at least thirty( 30) calendar days detailing all Deployments. Upon request, before the annual anniversary date for each Customer will provide records sufficient to verify year. the accuracy of the annual report.
a. All orders pertaining to this Agreement will be
processed through Customer' s centralized point

8. 0— ORDERING, ADMINISTRATIVE of contact.

PROCEDURES, DELIVERY, AND

DEPLOYMENT
b. The following information will be included in
each Ordering Document:

8. 1 Orders, Delivery, and Deployment 1) Customer name; Esri customer number, if known; and bill- to and ship- to addresses
a. Upon the Effective Date, Esri will invoice 2) Order number Customer and provide Authorization Codes to
3) Applicable annual payment due
activate the nondestructive copy protection
program that enables Customer to download,

Page 5 of 6 ends

104

9. O— MERGERS, ACQUISITIONS, OR

DIVESTITURES
If Customer is a commercial entity, Customer will
notify Esri in writing in the event of( i) a
consolidation, merger, or reorganization of Customer
with or into another corporation or entity;
ii) Customer's acquisition of another entity; or( iii) a transfer or sale of all or part of Customer's
organization ( subsections i, ii, and iii, collectively referred to as" Ownership Change"). There will be
no decrease in Fee as a result of any Ownership
Change.

9. 1 If an Ownership Change increases the
cumulative program count beyond the maximum
level for this Agreement, Esri reserves the right
to increase the Fee or terminate this Agreement
and the parties will negotiate a new agreement.

9. 2 If an Ownership Change results in transfer or
sale of a portion of Customer' s organization, that
portion of Customer's organization will transfer
the Products to Customer or uninstall, remove,
and destroy all copies of the Products.

9. 3 This Agreement may not be assigned to a
successor entity as a result of an Ownership
Change unless approved by Esri in writing in
advance. If the assignment to the new entity is
not approved, Customer will require any
successor entity to uninstall, remove, and
destroy the Products. This Agreement will
terminate upon such Ownership Change.

Page 6 of 6 ends

105
106
ITEM 4. 7

CITY MANAGER' S REPORT
FEBRUARY 13, 2023 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE TASK ORDER NO. 12 FOR DE NOVO

PLANNING GROUP TO UPDATE THE CITY' S

GENERAL PLAN HOUSING ELEMENT FOR THE
6t" CYCLE ( 2023- 2031)
RECOMMENDATION: Adopt a Resolution Approving Task Order No. 12 with De Novo Planning Group to Update the
City' s General Plan Housing Element for the 6tn
Cycle ( 2023- 2031)
CEQA STATUS: Not a Project as Defined in Article 20, § 15378 of the California Environmental Quality Act
CEQA) Guidelines.

SUMMARY:

The City' s current Housing Element was adopted by the City Council on December 9, 2019 to address the 5th Cycle ( 2014- 2023) Regional Housing Needs Allocation RHNA). Given that we are entering the final year of the 5th Cycle, the City is now required to update the General Plan Housing Element for the 6th Cycle ( 2023- 2031) RHNA, which must be approved by the State Housing and Community Development Department prior to the end of this year, December 31, 2023.

Due to the complexities of the State' s Housing Element laws, and the time consuming preparation, review, and processing of the Housing Element Update with the State HCD, there is a need for subject matter experts to prepare and manage the update.

For these reasons, Staff is requesting approval of Task Order No. 12 for De Novo Planning Group to prepare the City' s Housing Element for the 6th Cycle ( 2023- 2031).

Staff has reviewed the Scope of Work and finds it to be appropriate, and requests the City Council approve Task Order No. 12.

BACKGROUND:

The Housing Element is one of the seven mandated elements of the general plan.

State law requires the housing element to address the existing and projected housing needs of all economic segments of the community. The law acknowledges that, in order for the private market to adequately address housing needs and demand, local governments must adopt land use plans and regulatory systems that provide opportunities for, and do not unduly constrain, housing development. As a result, housing policy in the state rests largely upon the effective implementation of local general plans and, in particular, local housing elements. 107
CITY MANAGERS REPORT Page 2
FEBRUARY 13, 2023 CITY COUNCIL REGULAR MEETING
DE NOVO PLANNING GROUP TASK ORDER NO. 12
Consistent with State law, the purpose of the Housing Element is to identify the community' s housing needs; to state the community' s goals and objectives with regard to housing production, rehabilitation, and conservation to meet those needs; and to define the policies and programs that will be implemented to achieve the stated goals and objectives.

State law requires that the City accommodate its " fair share" of regional housing needs, which are assigned by the San Joaquin Council of Governments ( SJCOG) for all jurisdictions in the County. SJCOG established the Regional Housing Needs Plan RHNP) for each city and unincorporated county to assign its share of the regional housing need based on population growth and projections. Beyond these incomebased housing needs, the Housing Element must also address special needs groups; such as seniors, persons with disabilities including developmental disabilities, single female parents, large families, farm workers, and homeless persons.

The City' s current Housing Element was adopted in 2019 to address the ( 2014- 2023) Regional Housing Needs Allocation ( RHNA). The City is now required to update the Housing Element for the 6th Cycle ( 2023- 2031) to address the latest RHNA.

ANALYSIS:

The Housing Element Update will be developed to meet the City' s needs and priorities and to address the requirements of State law, including recent changes regarding the analysis of sites and zoning- related requirements for housing entitlements. De Novo' s Scope of Work includes all tasks necessary to prepare the Update and process it through HCD and includes a Community Engagement component to assist the City in meeting State requirements for public participation.

De Novo will review and evaluate the current Housing Element, General Plan, annual progress reports, and other supporting materials and will review the City' s implementation of the current Housing Element, including progress made on the goals, policies, and programs in the current Housing Element, and the City' s progress toward the 5th cycle RHNA. Based on the effectiveness of the existing document, input from public, and City staff, De Novo will identify successful policies and programs that should be retained as well as those that should be revised or replaced with this update of the City' s Housing Element.

REASON FOR RECOMMENDATION:

On August 3, 2015, the City Council approved a Master Agreement with De Novo Planning Group for environmental and planning related services. This Master Agreement allows work to be added to the Master agreement with Task Orders approved by Council when necessary. The term of the Master Agreement is valid throughout the completion of Task Order No. 12, and is automatically renewed on July 1st of each year unless the City cancels the agreement. 108

CITY MANAGER' S REPORT
FEBRUARY 13, 2023 CITY COUNCIL REGULAR MEETING

Page 3 ends

DE NOVO PLANNING GROUP TASK ORDER NO. 12
APPROVALS:
d_ 2 z3
Ri Caguiat Date
sistant munity Development Director
3o—ZO23
ark eis ner Date
Community Development Director
1 30 0. 3
Cari Jame Date
Director o inance
z, i -' Z-D 3
Salvador Navarrete Date
City Attorney
Z-• Z3
Steph . Saivatore Date
City Manager
109
RESOLUTION NO. 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING TASK ORDER NO. 12 FOR DE NOVO PLANNING GROUP TO UPDATE THE CITY' S GENERAL PLAN HOUSING ELEMENT FOR THE 6th CYCLE 2023- 2031)
WHEREAS, the City is required to update the General Plan Housing Element for the 6th Cycle ( 2023- 2031) in compliance with state law; and WHEREAS, due to the complexities of the State' s Housing Element laws, and the time consuming preparation, review, and processing of the Housing Element Update, there is a need for subject matter experts to prepare and manage this task; and
WHEREAS, De Novo Planning Group has prepared and submitted a Scope of Work that includes all tasks necessary to prepare the update and process it through the State Housing and Community Development Department ( HCD) and includes a Community Engagement component to assist the City in meeting State requirements for public participation; and
WHEREAS, on August 3, 2015, the City of Lathrop entered into a Master Agreement with De Novo Planning Group to provide professional urban planning services to the City; and
WHEREAS, pursuant to the Master Agreement, the City can add additional work with Task Orders approved by the City Council when necessary; and WHEREAS, Task Order No. 12 will be fully funded by grants ( SB- 2 and Local Early Action Planning Grants) that were applied for and awarded to the City to promote the development of housing; and
WHEREAS, the proposed ( not to exceed) contract amount to prepare the 6r" Cycle Housing Element Update is $ 112, 290.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve Task Order No. 12 with De Novo Planning Group to update the City' s General Plan Housing Element for the 6th Cycle ( 2023- 2031). 110
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop approves the following budget amendment transferring $ 112, 290 from the Intergovernmental State Fund to the Professional Services Fund ( 2010) as follows:

Increase Revenue
2160- 80- 00- 331- 05- 00 112, 290
Increase Transfer Outs
2160- 99- 00- 990- 90- 10 112, 290
Increase Transfer In
1010- 99- 00- 393- 00- 00 112, 290
Increase Appropriations
1010- 20- 10- 420- 01- 00 112, 290
111
The foregoing resolution was passed and adopted this 13th day of February 2023, 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 112
J17TA HMENT " "`

CITY OF LATHROP
TASK ORDER NO. 12 PURSUANT TO

MASTER AGREEMENT FOR CONSULTING SERVICES
DATED AUGUST 3, 2015

DE NOVO PLANNING GROUP TO PREPARE THE CITY OF LATHROP
6T" CYCLE ( 2023-2031) HOUSING ELEMENT UPDATE
THIS TASK ORDER NO. 12, dated for convenience this day of February 2023 is by and made and entered into by and between De Novo Planning Group CONSULTANT") and the CITY OF LATHROP, a California municipal corporation CITY");
RECITALS:

WHEREAS, on August 3, 2015, CONSULTANT entered into a Master Agreement AGREEMENT") with the CITY, by which the CONSULTANT has agreed to provide Professional Consulting Services for the City of Lathrop. The City Council authorized the execution of the AGREEMENT, pursuant to Resolution 15- 3966; and WHEREAS, at the request of CITY, CONSULTANT submitted the scope of work and fee estimate to prepare the City of Lathrop 6th Cycle Housing Element Update, and said fee estimate are attached hereto as Exhibit " A" and incorporated herein by reference.

NOW, THEREFORE, CONSULTANT and the CITY agree as follows:

AGREEMENT
1) Incorporation Of Master Aqreement
This Task Order hereby incorporates by reference all terms and conditions set forth in the Master Agreement for Consulting Services for this project, unless specifically modified by this Task Order.
2) Scope of Service
CONSULTANT agrees to prepare the City of Lathrop 6th Cycle Housing Element Update in accordance with the scope of work and fee proposal provided in Exhibit " A". CONSULTANT agrees to diligently perform these services in accordance with the upmost standards of its profession and to the CITY' S satisfaction.

Page 1 of 3 ends

113
CITY OF LATHROP — CONSULTING SERVICES AGREEMENT
DE NOVO PLANNING GROUP TASK ORDER NO. 12 — PREPARE CITY OF LATHROP 6T" CYCLE ( 2023- 2031) HOUSING ELEMENT UPDATE
3) Time Of Performance
CONSULTANT shall commence performance upon receipt of notice to proceed pursuant to section 5 and shall complete all required services by no later than December 31, 2023.
4) Compensation
CITY hereby agrees to pay CONSULTANT a sum not to exceed $ 112, 290 for time and material, for the preparation of the City of Lathrop 6t" Cycle Housing Element Update as set forth in Exhibit " A". CONSULTANT shall be paid any uncontested sum due and payable within thirty ( 30) days of receipt of billings containing all information pursuant to Paragraph 5 of the Master Agreement. Compensation for any task must be equal to or less than the percentage of task complete. In no event shall CONSULTANT be entitled to compensation for work not included in Exhibit " A", unless a written change order or authorization describing the extra work and payment terms has been executed by CITY' s authorized representative prior to the commencement of the work.
5) Notice to Proceed
Prior to commencing work under this agreement, CONSULTANT shall receive a written " Notice to Proceed" from CITY. A Notice to Proceed shall not be issued until all necessary bonds and insurance have been received.

City shall not be obligated to pay CONSULTANT for any services prior to issuance of the Notice to Proceed.
6) Siqnatures
The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the CONSULTANT and the CITY. This agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.

Page 2 of 3 ends

114
CITY OF LATHROP — CONSULTING SERVICES AGREEMENT
DE NOVO PLANNING GROUP TASK ORDER NO. 12 — PREPARE CITY OF LATHROP 6T" CYCLE ( 2023- 2031) HOUSING ELEMENT UPDATE
Approved as to Form: City of Lathrop
City Attorney
1• /- Z.-BLL.

Salvador Navarrete Date
Recommended for Approval: City of Lathrop
Community Development Director
Mark Meissner Date
Approved By: City of Lathrop
Pursuant to 390 Towne Centre Drive
Resolution # Lathrop, CA 95330
Stephen J. Salvatore Date
City Manager
CONSULTANT: De Novo Planning Group
1020 Suncast Lane Suite 106
EI Dorado Hills, CA 95762
Fed ID # 26- 2962235
Bus License # 20512
Signature Date
Print Name and title)

Page 3 of 3 ends

115
De Novo Planning Group
A Land Use Planning, Design, and Environmental Firm
December 22, 2022, revised January 17, 2023
City of Lathrop
Mark Meissner, Community Development Director
390 Towne Centre Drive
Lathrop, CA 953630
mmeissner@ci. lathrop. ca. us
Subject: City of Lathrop Housing Element Update (6th Cycle 2023- 2031) On behalf of De Novo Planning Group, thank you for the opportunity to submit this proposal to prepare the City' s 2023- 2031 Housing Element Update. Based on our in- depth local experience working with Lathrop on the General Plan Update, prior Housing Elements, and environmental documentation for various projects, coupled with our extensive experience working with jurisdictions across California to prepare housing elements, we are confident that we can prepare your updated Housing Element for certification by the California Department of Housing and Community Development ( HCD). We have enjoyed working with the City and community on the Lathrop General Plan Update project and are excited for this opportunity to continue our work with Lathrop! Our team will provide the City with an energetic and dedicated group of professionals with exceptional skills and qualifications. We are 100°/o committed to completing this project within schedule and budget and will allocate our resources and energy in a way that will exceed your expectations. We are confident that our experience, record of success with HCD certification, and Principal- level attention to the project will prove to be extremely valuable to the City.

Looking forward to the 6th Housing Element update cycle, there are a number of factors which will inevitably influence the project. De Novo is well- versed regarding implementation of recent housing bills signed into law in 2019- 2022, the 2017 Housing Package, HCD' s Affirmatively Furthering Fair Housing guidance, direction provided by the Governor' s Office, California Attorney General' s Office, and HCD regarding Housing Elements and, more broadly, plans and programs to increase the State's housing stock. We also closely monitor pending legislation to be prepared to advise our clients on upcoming opportunities and challenges.

The team is led by Principal Beth Thompson and Principal Planner Perry Banner who will serve as CoProject Managers. Our in- house management and technical team is composed of strategic planners who value creative problem- solving and we are ready and able to respond to whatever comes our way as we work with you to update your Housing Element. We strongly believe that our principal- level attention, availability, responsiveness, and creativity will best assist Lathrop as it evaluates its Regional Housing Needs Allocation RHNA) and ultimately updates its Housing Element for State certification.

The De Novo Approach
Our approach is grounded in creative problem- solving, a solid quality control process, and strict adherence to the project schedule and budget.

Creative Problem- Solving
Planners are creative problem- solvers, and we consider ourselves particularly well- suited to this part of thejob. De Novo' s team values research and best practices, recognizing we often work on projects with a moving target. This is especially relevant to the current state of housing elements and housing law, where politics are playing an increasingly important role in how localjurisdictions maintain control oftheir local planning objectives. We believe that you know your City best and local agencies are best- suited to plan for their own housing needs. We will work with you to address local issues and concerns in creative ways that maximize local input to the extent feasible while achieving state requirements. i_ F NOV PL; aNN! NG GRO! P
10 G SUN: NST AN' #': 06. EL DORADO HILLS, C+ 9576
BTHv' 1PSC%N; zDE JO` JOFL_HN i NG.< O". 1 ,' rta16; 81- 7927 116
City of Lathrop 6th Cycle Housing Element Update
Strictly Adhere to the Project Schedule and Budget
Our project team is fully committed to bringing the project to completion and receiving state certification in accordance with all required timelines. As outlined in our project schedule, we have a ample time for all project stages including the community engagement process, coordination with HCD, and public review.

We thrive under deadlines, and we have a track record of ineeting or exceeding our project schedules. Our use of Principal- level staff throughout all stages ofthe project allows us to work quickly, efficiently, and produce preliminary draft documents of superior quality. Our project managers take a very active and hands- on role, and we diligently manage our team and coordinate with City staff to ensure that all parties are continuously aware of pending deadlines, outstanding tasks, and draft work products that will require staff review.

We take tremendous pride in our ability to adhere to our project budgets. Our project managers are also principals and senior managers of the firm, and to this end, we have the authority to take any steps necessary to ensure that our projects remain on budget. We strongly encourage the City to call every single one of our references and specifically inquire about the extraordinary steps we take to ensure we do not modify or exceed our budgets. This regularly includes the addition of extra meetings and hearings, the inclusion of additional technical analysis, and the allocation ofstafftime and resources beyond the levels identified in our proposal, at no extra charge to the City.

Extensive Housing and Local Experience
De Novo has extensive experience working with General Plans and Housing Elements. De Novo Planning Group has completed 21 Housing Element Updates and each element has been certified by HCD. In addition, we have 11 6th Cycle Housing Element Updates currently underway.

Our Housing Element lead, Beth Thompson, has personally managed or served as a technical advisor for over 30 Housing Element updates and has also managed Consolidated Plans, EIRs to address identification of housing sites, development of inclusionary housing ordinances, development and management of affordable housing funding programs, zoning code updates focused on streamlining housing requirements, and affordable housing market studies.

A unique attribute of our team is that our leads, Beth Thompson and Perry Banner, have significant experience working with all aspects of General Plans, Zoning Codes, and CEQA documentation and brings her thorough understanding of both long- range planning and development projects to the Housing Element Update process.

Beth is an officer with the firm, and is authorized to negotiate on the firm' s behalf.The offer contained in this proposal is valid for 90 days. We trust that the enclosed information is adequate foryour evaluation, but should you need anything else, please do not hesitate to contact me at (916) 812- 7927 or at bthompson@denovoplanning. com. We look forward to the opportunity to work on another ofthe City' s Housing Elements! Sincerely,
Beth T om son
Principal
De Novo Planning Group
117
City of Lathrop 6th Cycle Housing Element Update

DE NOVO APPROACH
Our proposal provides the full range of services identified for a comprehensive Housing Element Update. Our work program includes community engagement efforts to address requirements of State law. Our approach is to deliver an excellent Housing Element Update process to the City that addresses the City' s goals and priorities and meets the requirements of State law. As described below, the De Novo team brings the City the following unique benefits to our technical and management approach to the Housing Element Update which make our team particularly well- qualified for the City' s 6th cycle update.

Consistent Principal Attention
We do not identify principal staff in our proposal, then hand your project out tojunior staff inembers to complete for our review. Rather, our senior management staff that is identified in this proposal— Principal Beth Thompson— will work on every aspect of the Housing Element Update, and will be the primary author and reviewer of each document we provide to the City. Beth will be the City's day-today contact and will assist the City with all staff reports and noticing for the project. This senior- level attention to each detail of the project ensures a high- quality work product as well as continuity throughout the project.

Apply Our Housing Expertise
c r a s, rs
De Novo is readyto hit the ground running with the City' s Housing ' ' E " .` Element update. Our work on the Lathrop General Plan Update x j y^ z; ' j
n
provides our team with a
strong understanding of current conditions " ru
y
and issues facing Lathrop. We have significant experience working in ' i E
M
the housing policy and pre- development realm. Our team members " have experience with housing policy work, from housing elements to S{ ,' zoning codes to consolidated plans to affordable housing programs ; : p e.g., inclusionary housing, ADU Handbook, affordable housing fees, a." s l i$y#$ te ; etc.), as well as experience with reviewing housing development proj- , ' ects for compliance with General Plan and zoning requirements, as ' well as conducting CEQA and NEPA review for affordable and market ' ' rate housing development. The De Novo team has prepared Housing; °",' Elements throughout the State and the team members that work on ; , the Housing Element also prepare the CEQA document. x , j, a° w3q t -
thS,' . t f } a.

An Extension of City Staff Y
P'd^ .. h !,." ,
The De Novo Principals have served as contract staff inembers and ` f r" °' environmental coordinators for multiple public agencies throughout f t+ a ' a ? " " e,^" """ a. I ra' .

California, which gives us an intimate understanding ofthe intricacies `; x`„ ` r
and inner- workings of public planning agencies. Our work program ` , a ;, ,,, , includes the preparation of staff reports, meeting and presentation ,', ', r materials, notices, and continuous project update reports throughout'," F z De Novo Planning Group
118
City of Lathrop 6th Cycle Housing Element Update
f ,
the Housing Element Update process. We understand and appreciate the burdens placed on City staff during General Plan amendments, and our goal is to make the process a pleasant and rewarding experience for the City staff team.

Unparalleled Energy and Enthusiasm
All of De Novo' s principals greatly enjoy our line of work, and rather than spend our time managing large and cumbersome project teams comprised ofjunior- level planners, we prefer to roll up our sleeves and work on our projects ourselves. As owners of the company, we take great pride in our work products, and we strive to build a strong connection with each of our clients. The greatest compliment that our clients pay us is to invite us back to provide additional services. Providing superior products and client services is a matter of tremendous pride for us, and we bring our high level of energy, creativity and enthusiasm to each project we undertake.

Adherence to Timeline and Budget
Our project team is fully committed to delivering the Housing Element Update to the City Council for adoption in advance of the State' s estimated January 2023 deadline. We thrive under deadlines, and we have a track record of ineeting or exceeding our project schedules. Our familiarity with Lathrop combined with use of Principal- level staff throughout all stages of the project allows us to work quickly, efficiently, and produce preliminary draft documents of superior quality. Our project managers take a very active and hands- on role, and we diligently manage our team and coordinate with City staff to ensure that all parties are continuously aware of pending deadlines, outstanding tasks, and draft work products that will require staff review.

Benefits of a Relatively Small Planning Firm
All of De Novo's principals and senior staff have served as senior project managers with larger consulting firms in California, and through this experience we have gained intimate knowledge of the operational inefficiencies of large firms and the burdens that they can cause public agencies. Larger firms tend to carry cumbersome over- head costs, which results in the need for higher hourly billing rates, frequent contract modifications, and can have high staff turnover, which causes changes in project managers midstream during a project. Because we remain relatively small we are able to offer our clients with significantly lower rates, while still providing our clients with Principal- level attention to each project.

De Novo Planning Group
119
City of Lathrop 6th Cycle Housing Element Update

SCOPE OF WORK
The Housing Element Update will be developed to meet the City' s needs and priorities and to address the requirements of State law, including recent changes regarding the analysis of sites and zoning- related requirements for housing entitlements. This Scope of Work includes all tasks necessary to prepare the Update and process it through HCD and includes a Community Engagement component to assist the City in meeting State requirements for public participation.

TASK 1 PROJECT KICKOFF
Within one week of receipt of Notice to Proceed from the City, the De Novo team will schedule a kickoff meeting with City staffto discuss refinements to the scope of services and schedule. The schedule will address all major stages of the project, including:

Identification of milestones, meetings and workshops, and deliverables; Public outreach approach, including timing of workshops, meetings, and hearings; Delivery of findings and analysis during development of the housing needs data; City staff review periods for each deliverable;
Opportunities to streamline HCD review;
Response to HCD review; and
Planning Commission and City Council hearings.

Deliverable:

Project Schedule
TASK 2 PROJECT MANAGEMENT
De Novo will facilitate regular progress meetings with City staff via conference call or Zoom to ensure that the project is on time, on budget, and that any issues are quickly resolved.

Throughout the project, De Novo will coordinate with City staff to ensure that the project remains on schedule and within budget. De Novo will regularly coordinate with staff, including via calls and emails, to communicate status of deliverables and budget, progress, and any information needed from City staff.

Deliverable:

Monthly email updates with a list of action items (electronic only) TASK 3 COMMUNITY OUTREACH AND PARTICIPATION
Focused and meaningful community engagement is an important part of the Housing Element Update process. Government Code (GC) Section 65583( c)( 7) requires: "The local government shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the housing element..." Moreover, the topic of" housing" is one that impacts everyone that lives or works in Lathrop and the Housing Element Update must acknowledge the community's input and find creative ways to reflect the community' s vision as it meets its housing obligations.

To this end, we propose a strategic community engagement process in conjunction with City staff that seeks to connect with the community and provide an opportunity for all economic segments ofthe communityto be involved in the Housing Element Update. De Novo' s public outreach efforts De Novo Planning Group
120
City of Lathrop 6th Cycle Housing Element Update
will reflect the deeper level of engagement, including an emphasis on including historically underrepresented populations, that is required under HCD' s recent Affirmatively Furthering Fair Housing requirements. The community input from the Housing Workshops and Survey will be reflected in the Administrative Draft Housing Element.

For each meeting, De Novo will prepare meeting materials, including a powerpoint presentation and any necessary exhibits, and will attend meetings prepared to address comments and questions on the Housing Element Update.

Task 3.1 Housing Workshop and On- Line Survey
De Novo will plan and provide one Housing Workshop for the public. City residents, property owners, business members, and key stakeholders will be invited to participate. The Workshop will be conducted via Zoom and the video will also be made available on the City's website so community members may participate at their convenience. The Workshop will provide an overview of State requirements for Housing Elements, meaningful City demographics, Lathrop' s RHNA, and the Housing Elements contents and framework. Workshop participants will be invited to identify housing priorities and concerns, and will also be invited to take an on- line survey The on- line survey is anticipated to include questions targeted to identify housing needs and priorities, special needs and fair housing issues. The activities will be based on our review of existing conditions, including the available sites inventory.

We anticipate that the workshop video and the survey will be hosted on the City' s website for a minimum 30- day period to provide residents, stakeholders, and interested parties more than adequate time to view the presentation and go through the survey questions and activities.

The survey will be provided in both English and Spanish, to ensure that participation is accessible to a broad spectrum of the community. We will coordinate with service providers to advertise the workshop via their on- site locations and web pages to increase awareness and participation.

Task 3. 2 Open House
Upon completion of the Draft Housing Element, we will present the Housing Element to the community at an Open House. The Open House can be conducted in- person, if consistent with public safety measures that are in effect at the time of the Open House, or via a virtual on- line meeting ( e.g., Zoom or similar). At this time the public can provide comments on the Draft Housing Element which will be summarized and addressed in the Adoption Draft Housing Element. The City also has the option to have the Open House conducted as a workshop with the Planning Commission, to familiarize the Commission with the project and to provide for community participation.

Task 2. 3 Stakeholder Survey
We will create an on- line survey that will be advertised and available concurrently with the Housing Workshops to allow stakeholders an opportunity to provide feedback on housing priorities. The survey will be posted early-on in the process and be focused on priorities and needs of special needs, disadvantaged, and at- risk populations, as well as the general needs of the community, identification of barriers or constraints to housing production or access in Lathrop, and recommended programs De Novo Planning Group
121
City of Lathrop 6th Cycle Housing Element Update
p'" p :,
or policies to address the community' s specific housing needs. The survey will be designed to collect information to identify the primary housing needs of the service population( s) of the stakeholders, any known fair housing issues, and any barriers or constraints to housing development, including affordable housing.

Task 2. 4 Adoption Hearings
The Adoption Draft Housing Element will address public, HCD, and decision- maker comments and will be presented to the Planning Commission and City Council for consideration and adoption. De Novo anticipates that up to three ( 3) public hearings will be held for review and adoption of the Housing Element.

Deliverables:

Draft and Final Online Survey( electronic copy)
Draft and Final Virtual Workshop Presentation ( electronic copy) Draft and Final Open House Presentation ( electronic copy) Draft and Final Stakeholder Survey( electronic copy)
Interview summary memo (electronic copy)
Draft and Final Study Session Presentation ( electronic copy) TASK 4 HOUSING ELEMENT
De Novo is committed to providing the City with a useful and understandable Housing Element Update that embodies the goals and priorities of the City and is consistent with State requirements GC Section 65583[ a]).

Task 4.1 Administrative Draft Housing Element
Preparation of the Administrative Draft Housing Element will include the following sections.

Introduction
The Housing Element will include an introductory chapter that provides an overview of the Housing Element update process, housing issues facing the City, the City' s housing needs, available sites and resources, and the goals of the Housing Element.

Effectiveness of Current Housing Element
De Novo will review and evaluate the current Housing Element, General Plan, annual progress reports, and other supporting materials and will review the City' s implementation of the current Housing Element, including progress made on the goals, policies, and programs in the current Housing Element, and the City' s progress toward the 5th cycle RHNA. Based on the effectiveness of the existing document, input from public, and communication with City staff,we will identify successful policies and programs that should be retained as well as those that should be revised or replaced. This section will include a narrative that discusses the: (1) actual results of the current Element compared to its goals, policies, and implementation measures; ( 2) significant differences between objectives and actual achievements, and ( 3) recommended revisions to the current Housing Element goals, policies, and programs.

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City of Lathrop 6th Cycle Housing Element Update
Assessment of Housing Needs
To prepare a meaningful Housing Element, existing conditions must be understood and documented. De Novo will assess the housing needs of the City' s population based on its demographic characteristics and its existing housing inventory. The needs assessment will meet the requirements of GC Section 65583( a)( 1, 2,7) and will be based on recent available data, including data developed by the San Joaquin Council of Governments, US Census (2010 data, 2020 data if available, and 2018/ 2019 American Community Survey data), California Department of Finance estimates, Employment Development Department data, Department of Developmental Services data, and Point in Time reports. This work effort will address the following:

Population, household, and employment characteristics and trends Income characteristics
Special needs groups
Housing stock characteristics and housing conditions
Comparison of affordability of housing to City income levels Assisted housing projects at-risk of conversion to market-rate Quantified housing needs, including the City' s regional housing needs allocation and existing and projected needs for each special needs group
Fair Housing Assessment
This is a new requirement since the City' s adoption of the 5th Cycle element. This section will based on the HCD' s recent Affirmatively Furthering Fair Housing Guidance Memo and the State' s Housing Data Viewer to identify demographic, socioeconomic, and other housing- related characteristics. The Fair Housing Assessment will include:

A summary of fair housing issues in Lathrop and an assessment of the City' s fair housing enforcement and fair housing outreach capacity An analysis of available federal, state, and local data and knowledge to identify:

Integration and segregation patterns and trends, including trends based on age ( seniors), familial status (female- headed households), disability, race%thnicity, and income, Racially or ethnically concentrated areas of poverty,
Disparities in access to opportunity, including employment, education, environment, and transportation factors,
Disproportionate housing needs within Lathrop, including displacement risk, Factors that contribute to these fair housing issues, including any local knowledge of redlining, racially- restrictive covenants, and other factors that may have influenced any identified issues, and
Policies and programs in the Housing Plan developed to address identified fair housing issues and provide equitable access to a variety of housing types in areas with higher resources and opportunity.

Inventory of Housing Sites and Resources
The Housing Element will identify available resources, including land, funding, and housing programs, available to assist in addressing the City' s housing needs. We will review the City' s existDe Novo Planning Group 123
City of Lathrop 6th Cycle Housing Element Update
ing inventory under the more stringent requirements of State law, which have been revised since adoption of the City' s 5th Cycle Housing Element to include specific requirements for the size of lower income sites, addressing underutilized sites, use of mixed- use sites, and demonstrating realistic capacity. If a shortfall of adequate sites is projected, the Housing Plan will include a program to ensure that adequate sites are rezoned in a timely manner to accommodate the City' s needs in compliance with State law. This section will include the following required topics:

Inventory of sites suitable for residential development City' s capacity to accommodate its Regional Housing Needs Allocation Financial and other resources
Opportunities for residential energy conservation
Housing Constraints
Constraints to upon the maintenance, improvement, or development of housing to meet the City' s housing needs will be identified. This chapter will address governmental constraints ( land use controls, parking standards, etc.) and non- governmental constraints ( environmental, market demand, availability of land, availability of financing, etc.). De Novo will carefully review the City' s General Plan policies and standards, zoning requirements, and processes to identify potential constraints to housing development, including housing for lower income households and special needs groups.

De Novo will review the City' s processes to identify if modifications need to be made to address recent changes to State law, including recent laws related to accessory dwelling unit standards and fee exemptions, low barrier navigation centers, supportive housing by right, and SB 35 streamlining requirements. De Novo will develop programs to reduce constraints, where appropriate and feasible.

Housing Element Policy/ Implementation Plan
De Novo will present goals, objectives, policies, and implementation measures to address identified housing needs and constraints, consistent with the requirements of GC Section 65583( b,c). This will carry forward successful goals, policies, and measures identified in the adopted Housing Element and will provide focused updates where necessary to address the requirements of State law. Revisions to the Housing Plan will be developed to address the City' s housing needs while also remaining relevant to the City' s character and protecting resources that are important to the City. The implementation plan will identify sustainable housing policies and programs, based on City staff, public and stakeholder input, City guidance, and the needs identified in the needs and constraints analysis.

De Novo will meet with City staff to discuss the proposed revisions to the City' s existing goals, policies, and programs, and De Novo will also present for discussion additional policies and strategies that fit the unique needs and character of Lathrop.

Implementation measures will address both short- term and long- range strategies and may include development controls, regulatory incentives, constraint- removal programs, fair housing programs, and sources of affordable housing funding. The implementation measures will identify parties responsible for implementation, a timeframe for implementation, and funding sources. Where appropriate, phasing and financing options will be identified. Implementation measures will reflect recent legislation, and will address the following issues at a minimum:

Conserve and Improve Existing Housing Stock
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City of Lathrop 6th Cycle Housing Element Update Q'
Promote Housing Opportunities for All Persons in the City, including provision of adequate sites to accommodate the Regional Housing Needs Allocation, development of housing to meet the needs of lower- and moderate- income households
Affirmatively Furthering Fair Housing
Address Housing Needs of Special Needs Populations
Preserve Assisted Housing
Regional Housing Needs Determination and Quantified Objectives General Plan and Zoning Consistency
Removal of Constraints ( where appropriate and feasible) The Housing Plan will identify any necessary amendments to the Zoning Code, design guidelines and requirements, and other adopted local documents to achieve compliance with State law. We anticipate that sites are primarily addressed through the recent Lathrop General Plan Update effort; if there is a need for subsequent General Plan amendments, those will be addressed through an implementation program in the 6th Cycle Housing Element.

We will review proposed policies and implementation measures for internal consistency with all elements of the City' s General Plan and, if necessary, identify amendments to other General Plan elements in order to create consistency with the updated Housing Element.

Task 4.2 Draft Housing Element
Following the City' s review of the Administrative Draft, we will incorporate the City' s comments on the Administrative Draft Housing Element and create a Draft Housing Element for public review.

The Draft Housing Element will be available for a 30- day public review period.

Task 4.3 HCD Draft Housing Element
Following the public review period, the Draft Housing Element will be revised to include a summary of public comments and revisions to address public comments, where necessary. De Novo will provide the Administrative HCD Draft Housing Element to the City for review. Following the City's review of the proposed revisions to the document, De Novo will submit the HCD Draft Housing Element to HCD for its 90- day review period.

Task 4.4 Adoption Draft Housing Element
During the 90- day State review period, De Novo will coordinate with HCD for the State' s review of the HCD Draft Housing Element. While no other State agencies are required to reviewthe Housing Element Update, De Novo will coordinate with additional State agencies if necessary.

De Novo will coordinate closely with HCD in order to receive a letter indicating that the updated Housing Element complies with State law. Our approach to working with HCD is to be very responsive to HCD' s preliminary comments and requests. HCD typically schedules a conference call with the consultant and City staff to identify concerns with the Housing Element prior to issuing its formal comment letter. We have found that by proactively discussing potential revisions during the meeting, multiple issues can be resolved and better direction is received from HCD. Following these meetings, De Novo will immediately prepare an Addenda with revised text for City and HCD staff to review and consider before the formal letter goes out. In this manner, we work to resolve De Novo Planning Group
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City of Lathrop 6th Cycle Housing Element Update
issues during the review period in order to reduce the number of formal comments received from HCD. Upon receipt of HCD' s formal comments, if there are any remaining issues identified by the State, we will prepare proposed revisions and provide them to City staff for review.

Throughout this task, De Novo will be available for in- person or Zoom meetings with HCD staff at HCD' s offices and with City staff, as necessary.

Following the close of the public and HCD review period, we will revise the Draft Housing Element to address HCD' s comments as well as any feedback provided by the community and decision- makers as part of the Community Open House and the workshop with decision- makers. Prior to release of the Adoption Draft Housing Element, City staff will be provided a Screencheck Draft for review to ensure all comments have been addressed.

Task 4.4 Final Housing Element (Adopted)
Following City Council adoption, we will revise the Housing Element to include any revisions directed by the Council. De Novo will update the cover page of the City' s General Plan to reflect the adoption date ofthe Housing Element.

De Novo will prepare the transmittal memo for submission of the Final Housing Element and adopting resolution to HCD for review for certification. De Novo will provide any supporting information requested by HCD during its review. De Novo anticipates that the Final Housing Element will reflect any recommended addenda developed during Task 5 that addresses HCD' s comments to ensure certification of the Housing Element. In our experience, the Final Housing Element is prepared to address all HCD comments that were provided during the 60- day State review period and typically requires minimal coordination with the State during this final step in the certification process.

Deliverables:

One ( 1) electronic copy in Word and PDF ofthe Administrative Draft Housing Element, Screencheck Draft Housing Element, Screencheck Adoption Draft Housing Element for City staff review One ( 1) electronic copy and three ( 3) bound copies of the Draft Housing Element for the City and One ( 1) bound copy and one ( 1) electronic copy for HCD of the Draft Housing Element One (1) electronic copy of the Adoption Draft Housing Element for review by the public, Planning Commission, and City Council
One ( 1) electronic copy of the Final Housing Element for the City and one ( 1) bound copy and one 1) electronic copy for submission to HCD
TASK 5 CEQA COMPLIANCE
It is anticipated that the appropriate CEQA documentation will be a Notice of Exemption given the City' s recent comprehensive General Plan Update and General Plan Program EIR. Should a Mitigated Negative Declaration or Environmental Impact Report be necessary, De Novo will provide the City with a scope ofworkforthe additional environmental review.

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ITEM 4.8

CITY MANAGER' S REPORT
FEBRUARY 13, 2023 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE PROFESSIONAL SERVICES AGREEMENT
WITH FRUIT GROWERS LABORATORY, INC., FOR THE

LATHROP CONSOLIDATED TREATMENT FACILITY
PERMIT COMPLIANCE, CIP WW 20- 17
RECOMMENDATION: Adopt Resolution Approving a Professional Services Agreement with Fruit Growers Laboratory, Inc., for
Water Quality Testing Laboratory, CIP WW 20- 17
Lathrop Consolidated Treatment Facility Surface
Water Discharge
CEQA STATUS: Environmental review for the Surface Water Discharge Project, CIP WW 20- 17 as a whole was
completed in the Certified Final Environmental
Impact Report ( EIR) ( State Clearinghouse No.
2019110339)
SUMMARY:

The Lathrop Consolidated Treatment Facility ( LCTF) Surface Water Discharge Project Capital Improvement Project ( CIP) WW 20- 17 was created to discharge effluent generated by the LCTF to the San Joaquin River under a National Pollutant Discharge Elimination System ( NPDES) permit issued by the State Water Board.

Water Quality Testing Laboratory services from Fruit Growers Testing Laboratory, Inc., ( FGL) are needed for the Lathrop Consolidated Treatment Facility ( LCTF) wastewater permit compliance through the end of the current fiscal year ending on June 30, 2023 ( FY 2023). FGL' s services are needed to conduct operational testing of the LCTF prior to initiation of river discharge. FGL provided a proposal for the remainder of FY 2023 for a cost of $44, 535.

Staff request Council approve a professional services agreement ( PSA) with FGL for LCTF wastewater permit compliance services through the remainder of the FY 2023 for a cost of $ 44, 535.

BACKG ROU N D:

The Surface Water Discharge Project CIP, WW 20- 17 was created in order to discharge effluent generated by the LCTF to the San ] oaquin River under a NPDES permit issued by the State Water Board. The LCTF is also regulated by a Waste Discharge Requirements ( WDRs) permit for discharge to land. The City has submitted a request to the Regional Water Quality Control Board ( RWQCB) for the WDRs be rescinded in June 2023, but the exact timing for this action remains uncertain.
129
CITY MANAGER' S REPORT PAGE 2
FEBRUARY 13, 2023 CITY COUNCIL REGULAR MEETING

APPROVE PROFESSIONAL SERVICES AGREEMENT WITH FRUIT GROWERS LABORATORY, INC., FOR THE LATHROP CONSOLIDATED TREATMENT FACILITY PERMIT COMPLIANCE CIP WW 20- 17
Water Quality Testing Laboratory services from FGL are needed for the wastewater permit compliance through FY 2023. FGL' s proposal for the remainder of the FY 2023 is for $ 29, 842 for the NPDES permit compliance testing and $ 14, 693 for the WDR permit compliance testing, for a total cost PSA of $ 44, 535.

REASON FOR RECOMMENDATION:

Water Quality Testing Laboratory services from FGL are needed for the LCTF wastewater permit compliance through the end of the FY 2023. These costs are associated with the start- up and operational testing of the facility prior to initiating river discharge for the CIP WW 20- 17.

CEQA STATUS:

Environmental review for the Surface Water Discharge Project, CIP WW 20- 17 as a whole was completed in the Certified Final Environmental Impact Report ( EIR) ( State Clearinghouse No. 2019110339). The EIR considered the full range of potential environmental effects of the Project. The services provided by the FGL agreement fall within the scope analyzed in the EIR and no further environmental review is required in compliance with the California Environmental Quality Act ( CEQA).

FISCAL IMPACT:

The PSA with FGL for LCTF wastewater permit compliance services through the remainder of FY 2023 is for $ 44, 535. Sufficient funds were approved in the adopted FY 22/ 23 budget.

ATACHMENTS:

A. Resolution Approving Agreement with FGL for Water Quality Testing Laboratory Services for NPDES and WDR Permit Compliance for the Lathrop Consolidated Treatment Facility
B. Agreement with FGL for Water Quality Testing Laboratory Services for NPDES and WDR Permit Compliance for the Lathrop Consolidated Treatment Facility 130
CITY MANAGER' S REPORT PAGE 3
FEBRUARY 13, 2023 CITY COUNCIL REGULAR MEETING

APPROVE PROFESSIONAL SERVICES AGREEMENT WITH FRUIT GROWERS LABORATORY, INC., FOR THE LATHROP CONSOLIDATED TREATMENT FACILITY PERMIT COMPLIANCE CIP WW 20- 17
APPROVALS:
s o b 23
Greg Gib n Date
Senior Civil Engineer
2/ 2oZ3
Brad Tay r Date
City + ngineer
1/-
Cari Ja Date
Finance Dir' ctor
2- 2- z o z 3
Michael King Date
Assistant City Mana er
2 ` - oZ3
Salvador Navarrete Date
City Attorney
z •dt• 23
Stepn
J. Salvatore Date
City Manager
131
RESOLUTION NO. 23 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP

APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH FRUIT
GROWERS LABORATORY, INC., FOR WATER QUALITY TESTING
LABORATORY, CIP WW 20- 17 LATHROP CONSOLIDATED TREATMENT

FACILITY SURFACE WATER DISCHARGE
WHEREAS, the Lathrop Consolidated Treatment Facility ( LCTF) Surface Water Discharge Project Capital Improvement Project ( CIP) WW 20- 17 was created to discharge efFluent generated by the LCTF to the San Joaquin River under a National Pollutant Discharge Elimination System ( NPDES) permit issued by the State Water Board; and
WHEREAS, the LCTF is also regulated by Waste Discharge Requirements WDRs) permit for discharge to land. The City has submitted a request to the RWQCB for the WDRs be rescinded in June 2023, but the exact timing for this action remains uncertain; and
WHEREAS, Water Quality Testing Laboratory services from Fruit Growers Testing Laboratory, Inc., ( FGL) are needed for the LCTF wastewater permit compliance associated with CIP WW 20- 17 start- up and permitting through the end of the current fiscal year ending on ) une 30, 2023 ( FY 2023); and WHEREAS, FGL has provided a proposal to provide water quality testing services needed for the remainder of the FY 2023 for a cost of approximately $ 29, 842 for the NPDES permit compliance testing and $ 14, 693 for the WDR permit compliance testing, for a total cost of $44, 535; and
WHEREAS, sufficient funds were approved in the adopted FY 22/ 23 budget for CIP WW 20- 17; and
WHEREAS, environmental review for the Surface Water Discharge Project, CIP WW 20- 17 as a whole was completed in the Certified Final Environmental Impact Report ( EIR) ( State Clearinghouse No. 2019110339), and the EIR considered the full range of potential environmental effects of the Project; and WHEREAS, the services provided by the FGL Agreement fall within the scope analyzed in the EIR and no further environmental review is required in compliance with the California Environmental Quality Act ( CEQA).

NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve a professional services agreement with Fruit Growers Laboratory, Inc., water quality testing laboratory testing services needed for the remainder of FY 2023, for a total cost of $ 44, 535 to be paid from the Consolidated Treatment Facility Surface Water Discharge Project, CIP WW 20- 17; and 132
NOW THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby determine that environmental review for the Surface Water Discharge Project, CIP WW 20- 17 as a whole was completed in the Certified Final Environmental Impact Report ( EIR) ( State Clearinghouse No. 2019110339).

The EIR considered the full range of potential environmental effects of the Project and that furthermore, the services provided by the FGL agreement fall within the scope analyzed in the EIR and no further environmental review is required in compliance with the California Environmental Quality Act ( CEQA). 133
The foregoing resolution was passed and adopted this 13th day of February 2023, 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 134

ATTACHMEN

CITY OF LATHROP

AGREEMENT FOR WATER QUALITY TESTING LABORATORY SERVICES WITH FRUIT GROWERS LABORATORY, INC.

LATHROP CONSOLIDATED TREATMENT FACILITY SURFACE WATER
DISCHARGE, CIP WW 20- 17
THIS AGREEMENT, dated for convenience this 13th day of February, 2023, is by and between Fruit Growers Laboratory, Inc., (" CONSULTANT") and the City of Lathrop, a California municipal corporation (" CITY");
RECITALS:

WHEREAS, CONSULTANT is specially trained, experienced, and competent to perform Water Quality Testing Laboratory Services, which are required by this agreement; and WHEREAS, CITY selected the CONSULTANT pursuant to said qualifications; and WHEREAS, CONSULTANT is willing to render such Water Quality Testing Laboratory Services, as hereinafter defined, on the following terms and conditions; NOW, THEREFORE, CONSULTANT and the CITY agree as follows:

AGREEMENT
1) Scope of Service
CONSULTANT agrees to perform Water Quality Testing Laboratory Services in accordance with the scope of work and fee proposal provided by CONSULTANT, attached hereto as Exhibit" A" and incorporated herein by reference. CONSULTANT represents it is prepared to and can diligently perform these services in accordance with the upmost standards of its profession and to CITY' S satisfaction. The fee proposal shall include all reimbursable costs required for the performance of the Scope of Services. Payment of additional reimbursable costs considered to be over and above those inherent in the original Scope of Services shall be approved of in advance and in writing, by the CITY. 2) Compensation
CITY hereby agrees to pay CONSULTANT a sum not to exceed $ 44, 535, for the Water Quality Testing Laboratory Services set forth in Exhibit " A". CONSULTANT shall be paid any uncontested sum due and payable within thirty( 30) days of receipt of billings containing all information pursuant to Paragraph 5 below. Compensation for any task must be equal to or less than the percentage of task complete. In no event shall CONSULTANT be entitled to compensation for work not included in Exhibit " A", unless a written change order or authorization describing the extra work and payment terms has been executed by CITY' s authorized representative prior to the commencement of the work. Payment is made based on a time and materials basis.

Page 1 of 11 ends

CITY OF LATHROP- FRUIT GROWERS LABORATORY, INC.

WATER QUALTIY TESTING LABORATORY SERVICES FOR LATHROP CONSOLIDATED TREATMENT FACILITY SURFACE WATER DISCHARGE, CIP WW 20- 17
3) Effective Date and Term
The effective date of this Agreement is February 13, 2023, and it shall terminate no later than June 30, 2023.
4) Independent Contractor Status
It is expressly understood and agreed by both parties that CONSULTANT, while engaged in carrying out and complying with any of the terms and conditions of this Agreement, is an independent contractor and not an employee of the CITY. As an independent contractor, CONSULTANT is responsible for controlling the means and methods to complete the scope of work described in Exhibit" A" to City' s satisfaction. CONSULTANT expressly warrants not to represent, at any time or in any manner, that CONSULTANT is an employee of the CITY. 5) Billinqs
CONSULTANT shall submit invoices for completed work on a monthly basis, or as otherwise agreed, providing without limitation, details as to amount of hours, individual performing said work, hourly rate, and indicating to what aspect of the Scope of Services said work is attributable. CONSULTANT' S bills shall include a list of all tasks, a total amount due, the amounts previously billed, and the net amount due on the invoice. Except as specifically authorized by CITY, CONSULTANT shall not bill CITY for duplicate services performed by more than one person. In no event shall CONSULTANT submit any billing for an amount in excess of the rates or the maximum amount of compensation provided in section ( 2) for either task or for the entire Agreement, unless modified by a properly executed change order.
6) Advice and Status Reportinq
CONSULTANT shall provide the CITY with timely reports, orally or in writing, of all significant developments arising during performance of its services hereunder, and shall furnish to CITY such information as is necessary to enable CITY to monitor the performance of this Agreement.

CONSULTANT shall submit to CITY such reports, diagrams, drawings and other work products developed pursuant to the Scope of Services.
7) Auditinq
CITY reserves the right to periodically audit all charges made by CONSULTANT to CITY for services under this Agreement. Upon request, CONSULTANT agrees to furnish CITY, or a designated representative, with necessary information and assistance needed to conduct such an audit.

CONSULTANT agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of this Agreement. CONSULTANT agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with the requirement. CONSULTANT further agrees Page
1362 of 11
CITY OF LATHROP— FRUIT GROWERS LABORATORY, INC.

WATER QUALTIY TESTING LABORATORY SERVICES FOR LATHROP CONSOLIDATED TREATMENT FACILITY SURFACE WATER DISCHARGE, CIP WW 20- 17
to maintain such records for a period of three ( 3) years after final payment under this agreement.
8) Assiqnment of Personnel
CONSULTANT acknowledges that the CITY has relied on CONSULTANT' s capabilities and on the qualifications of CONSULTANT' s principals and staff as identified in its proposal to CITY. The services shall be performed by, or under the direct supervision, of CONSULTANT' s Authorized Representative: Jim Kavanaugh. CITY shall be notified by CONSULTANT of any change of its Authorized Representative, and CITY is granted the right of approval of all original, additional, and replacement personnel at CITY' s sole discretion, and shall be notified by CONSULTANT of any changes of CONSULTANT' s project staff prior to any change.

CONSULTANT shall assign only competent personnel to perform services pursuant to this Agreement. If CITY asks CONSULTANT to remove a person assigned to the work called for under this Agreement, CONSULTANT agrees to do so immediately, without requiring the City to process a reason or explanation for its request. 9) Assiqnment and Subcontractinq
It is recognized by the parties hereto that a substantial inducement to CITY for entering into this Agreement was, and is, the professional reputation and competence of CONSULTANT.

Neither this Agreement nor any interest therein may be assigned by CONSULTANT without the prior written approval of CITY' S authorized representative. CONSULTANT shall not subcontract any portion of the performance contemplated and provided for herein, other than the subcontractors noted in the proposal, without prior written approval of the CITY' S authorized representative.
10) Insurance
On or before beginning any of the services or work called for by any term of this Agreement, CONSULTANT, at its own cost and expense, shall carry, maintain for the duration of the Agreement, and provide proof thereof that is acceptable to the CITY the insurance specified in subsections( a) through ( c) below with insurers and under forms of insurance satisfactory in all respects to the CITY. CONSULTANT shall not allow any subcontractor to commence work on any subcontract until all insurance required of the CONSULTANT has also been obtained for the subcontractor. Verification of this insurance shall be submitted and made part of this Agreement prior to execution.
a) Workers' Compensation. CONSULTANT shall, at CONSULTANT' S sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer' s Liability Insurance for any and all persons employed directly or indirectly by CONSULTANT. Said Statutory Workers' Compensation Insurance and Employer' s Liability Insurance shall be provided with limits of not less than one million dollars ($ 1, 000, 000). In the alternative, CONSULTANT may rely on a self- insurance program to meet these requirements provided that the program of self- insurance complies fully with the provisions of the California Labor Code. The insurer, if insurance is provided, or the CONSULTANT, if a program of self- insurance is provided, shall waive all rights of subrogation against the CITY for loss arising from Page
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work performed under this Agreement.
b) Commercial General and Automobile Liability Insurance. CONSULTANT, at CONSULTANT' S own cost and expense, shall maintain commercial general and automobile liability insurance for the period covered by this Agreement in an amount not less than one million dollars ($ 1, 000, 000) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non- owned automobiles.

Coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 ( ed. 11/ 88) and Insurance Services Office Automobile Liability form CA 0001 ( ed. 12/ 90) Code 1 ( any auto).

Each of the following shall be included in the insurance coverage or added as an endorsement to the policy:
i) CITY, its officers, employees, agents, and volunteers are to be covered as insured with respect to each of the following: liability arising out of activities performed by or on behalf of CONSULTANT, including the insider's general supervision of CONSULTANT; products and completed operations of CONSULTANT; premises owned, occupied or used by CONSULTANT. The coverage shall contain no special limitations on the scope of protection afforded to CITY, its officers, employees, agents, or volunteers.
ii) The insurance shall cover on aq occurrence or an accident basis, and not on a claim made basis.
iii) An endorsement must state that coverage is primary insurance and that no other insurance affected by the CITY will be called upon to contribute to a loss under the coverage.
iv) Any failure of CONSULTANT to comply with reporting provisions of the policy shall not affect coverage provided to CITY and its officers, employees, agents, and volunteers.
v) Insurance is to be placed with California- admitted insurers with a Best' s rating of no less than A: VII.
vi) Notice of cancellation or non- renewal must be received by CITY at least thirty days prior to such change.

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c) Professional Liabilitv. CONSULTANT, at CONSULTANT' S own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than Two Million Dollars ($ 2, 000, 000) per claim made and per policy aggregate covering the licensed professionals' errors and omissions, as follows:
i) Any deductible or self- insured retention shall not exceed $ 150, 000 per claim.
ii) Notice of cancellation, material change, or non- renewal must be received by the CITY at least thirty days prior to such change shall be included in the coverage or added as an endorsement to the policy. iii) The policy must contain a cross liability or severability of interest clause.
iv) The following provisions shall apply if the professional liability coverages are written on a claims made form:

1. The retroactive date of the policy must be shown and must be before the date of the Agreement.

2. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially available at reasonable rates.

3. If coverage is canceled or not renewed and it is not replaced with another claims made policy form with a retroactive date that precedes the date of this Agreement, CONSULTANT
must provide extended reporting coverage for a minimum of five years after completion of the Agreement or the work.

The CITY shall have the right to exercise at the
CONSULTANT' S cost, any extended reporting provisions of the policy should the CONSULTANT cancel or not renew the coverage.

4. A copy of the claim reporting requirements must be submitted to the CITY prior to the commencement of any work under this Agreement.
d) Deductibles and Self- Insured Retentions. CONSULTANT shall disclose the self- insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. During the period covered by this Agreement, upon express written authorization of the CITY' s authorized representative, CONSULTANT may increase such deductibles or self- insured retentions with respect to CITY, its officers, employees, agents, and volunteers.

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The CITY's authorized representative may condition approval of an increase in deductible or self- insured retention levels upon a requirement that CONSULTANT procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them. e) Notice of Reduction in Coveraqe. In the event that any coverage required under subsections (a), ( b), or( c) of this section of the Agreement is reduced, limited, or materially affected in any other manner, CONSULTANT shall provide written notice to CITY at CONSULTANT' S earliest possible opportunity and in no case later than five days after CONSULTANT is notified of the change in coverage.
f) In addition to any other remedies CITY may have if CONSULTANT fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, CITY may, at its sole option:
i) Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
ii) Order CONSULTANT to stop work under this Agreement or withhold any payment which becomes due to CONSULTANT hereunder, or both stop work and withhold any payment, until CONSULTANT demonstrates compliance with the requirements hereof;
iii) Terminate this Agreement.

Exercise of any of the above remedies, however, is an alternative to other remedies CITY may have and is not the exclusive remedy for CONSULTANT' S breach.
11) Indemnification - CONSULTANT' S Responsibilitv
As to the CONSULTANT' S work hereunder, it is understood and agreed that ( a) CONSULTANT has the professional skills necessary to perform the work, ( b) CITY relies upon the professional skills of CONSULTANT to perform the work in a skillful and professional manner, and ( c) CONSULTANT thus agrees to so perform.

Acceptance by CITY of the work performed under this Agreement does not operate as a release of said CONSULTANT from such professional responsibility for the work performed.

It is further understood and agreed that CONSULTANT is apprised of the scope of the work to be performed under this Agreement and CONSULTANT agrees that said work can and shall be performed in a fully competent manner in accordance with the standard of care applicable to CONSULTANT' S profession.

CONSULTANT shall indemnify, defend, and hold CITY, its officers, employees, agents, and volunteers harmless from and against any and all liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused by the willful misconduct or negligent acts or omissions of CONSULTANT, its employees, subcontractors, or agents, or on account of the performance or character of this work, except for any such claim arising out of the negligence or willful misconduct of the

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WATER QUALTIY TESTING LABORATORY SERVICES FOR LATHROP CONSOLIDATED TREATMENT FACILITY SURFACE WATER DISCHARGE, CIP WW 20- 17
CITY, its officers, employees, agents, or volunteers. It is understood that the duty of CONSULTANT to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance of insurance certificates and endorsements required under this Agreement does not relieve CONSULTANT from liability under this indemnification and hold harmless clause.

This indemnification and hold harmless clause shall apply whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages.
12) Licenses
If a license of any kind, which term is intended to include evidence of registration, is required of CONSULTANT, its employees, agents, or subcontractors by federal or state law, CONSULTANT warrants that such license has been obtained, is valid and in good standing, and CONSULTANT shall keep it in effect at all times during the term of this Agreement, and that any applicable bond has been posted in accordance with all applicable laws and regulations.
13) Business Licenses
CONSULTANT shall obtain and maintain a CITY of Lathrop Business License until all Agreement services are rendered and accepted by the CITY. 14) Termination
Either CITY or CONSULTANT may cancel this Agreement upon 30 days written notification to the other party. Upon termination, or completion of services under this Agreement, all information collected, work product and documents shall be delivered by CONSULTANT to CITY within ten ( 10) calendar days.
15) Fundinq
CONSULTANT agrees and understands that renewal of this agreement in subsequent years is contingent upon action by the City Council consistent with the appropriations limits of Article XIII ( B) of the California Constitution and that the Council may determine not to fund this agreement in subsequent years.
16) Notices
All contracts, appointments, approvals, authorizations, claims, demands, Change Orders, consents, designations, notices, offers, requests and statements given by either party to the other shall be in writing and shall be sufficiently given and served upon the other party if( 1) personally served, ( 2) sent by the United States mail, postage prepaid, ( 3) sent by private express delivery service, or ( 4) in the case of a facsimile transmission, if sent to the telephone FAX number set forth below during regular business hours of the receiving party and followed with two (2) Days by delivery of a hard copy of the material sent by facsimile transmission. Personal service shall include, without limitation, service by delivery and service by facsimile transmission.

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CITY OF LATHROP- FRUIT GROWERS LABORATORY, INC.

WATER QUALTIY TESTING LABORATORY SERVICES FOR LATHROP CONSOLIDATED TREATMENT FACILITY SURFACE WATER DISCHARGE, CIP WW 20- 17
To City: City of Lathrop
City Clerk
390 Towne Centre
Lathrop, CA 95330
Copy to: City of Lathrop
Department of Public Works
390 Towne Centre
Lathrop, CA 95330
MAIN: ( 209) 941- 7430
FAX: ( 209) 941- 7449
To Consultant: Fruit Growers Laboratory, Inc.

Corporate Office
835 Corporation Street
Santa Paula, CA 93012
Phone: ( 805) 392- 2000
17) Miscellaneous
a) Consent. Whenever in this Agreement the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent. b) Contract Terms Prevail. All exhibits and this Agreement are intended to be construed as a single document. Should any inconsistency occur between the specific terms of this Agreement and attached exhibits, the terms of this Agreement shall prevail.
c) Controlling Law. The parties agree that this Agreement shall be governed and construed by and in accordance with the Laws of the State of California. d) Definitions. The definitions and terms are as defined in these specifications. e) Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Agreement, which directly results from an Act of God or an act of a superior governmental authority. f) Headings. The paragraph headings are not a part of this Agreement and shall have no effect upon the construction or interpretation of any part of this Agreement.

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WATER QUALTIY TESTING LABORATORY SERVICES FOR LATHROP CONSOLIDATED TREATMENT FACILITY SURFACE WATER DISCHARGE, CIP WW 20- 17
g) Incorporation of Documents. All documents constituting the Agreement documents described in Section 1 hereof and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated in the Agreement and shall be deemed to be part of this Agreement. h) Integration. This Agreement and any amendments hereto between the parties constitute the entire Agreement between the parties concerning the Project and Work, and there are no other prior oral or written agreements between the parties that are not incorporated in this Agreement.
i) Modification of Agreement. This Agreement shall not be modified or be binding upon the parties unless such modification is agreed to in writing and signed bythe parties. j) Ownership of Documents. All documents, photographs, reports, analyses, audits, computer media, or other material documents or data, and working papers, whether or not in final form, which have been obtained or prepared under this Agreement, shall be deemed the property of the CITY. Upon CITY' s, request, CONSULTANT shall allow CITY to inspect all such documents during the CONSULTANT' s regular business hours.
k) Provision. Any agreement, covenant, condition, clause, qualification, restriction, reservation, term or other stipulation in the Agreement shall define or otherwise control, establish or limit the performance required or permitted or to be required of or permitted by either party. All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions.

I) Severability. The invalidity in whole or part of any provision of this Agreement shall not void or affect the validity of any other provision of this agreement. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the provisions of this Agreement not so affected shall remain in full force and effect.
m) Status of CONSULTANT. In the exercise of rights and obligations under this Agreement, CONSULTANT acts as an independent contractor and not as an agent or employee of CITY. CONSULTANT shall not be entitled to any rights and benefits accorded or accruing to the City Council members, officers or employees of CITY, and CONSULTANT expressly waives any and all claims to such right and benefits. n) Successors and Assigns. The provisions of this Agreement shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties. o) Time of the Essence. Time is of the essence of this Agreement and each of its provisions. In the calculation of time hereunder, the time in which an act is to be performed shall be computed by excluding the first Day and including the last. If the time in which an act is to be performed falls on a Saturday, Sunday or any Day observed as a legal holiday by CITY, the time for performance shall be extended to the following Business Day.
p) Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Joaquin or in the United States District Court for the Eastern District of California.

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q) Recovery of Costs. The prevailing party in any action brought to enforce the terms of this Agreement or arising out of this Agreement may recover its reasonable costs, including reasonable attorney' s fees, incurred or expended in connection with such action against the non- prevailing party.
18) Notice to Proceed
Prior to commencing work under this agreement, CONSULTANT shall receive a written Notice to Proceed" from CITY. A Notice to Proceed shall not be issued until all necessary bonds and insurances have been received. City shall not be obligated to pay CONSULTANT for any services prior to issuance of the Notice to Proceed. 19) Siqnatures
The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the CONSULTANT and the CITY. This agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.

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CITY OF LATHROP- FRUIT GROWERS LABORATORY, INC.

WATER QUALTIY TESTING LABORATORY SERVICES FOR LATHROP CONSOLIDATED TREATMENT FACILITY SURFACE WATER DISCHARGE, CIP WW 20- 17
Approved as to Form: City of Lathrop
City Attorney
Z - ' ZOZ3
Salvador Navarrete Date
Recommended for Approval: City of Lathrop
Assistant City Manager
Michael King Date
Approved by: City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Stephen J. Salvatore Date
City Manager
Consultant: Fruit Growers Laboratory, Inc.
853 Corporation Street
Santa Paula, CA 93012
Fed ID # 95- 0755000
Business License # 20225
Signature Date
Print Name and Title

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Lathrop City CouncilFebruary 13, 2023

Lathrop City Council
February 13, 2023