Lathrop City Council
July 10, 2023

288
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California .

Countyof J U
On / before me, / Z/ r V u ./ f' // itU/
Date Her Insert ame and Tit/e of the fficer
personally appeared v'" / G/ f' v
Name( s) of Signer( s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/ she/ they executed the same in his/ her/ their authorized capacity(ies), and that by his/ her/their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.

TERESAVARGAs WITNESS my hand and official seal.

Gommission t 21 o26i 2
z ,- Notary Public- California D San doaQufn Counry Signature Comm. tes Mar 9, 2019
Signature of No ry ublic
Place Notary Seal Above

OPTIONAL
Though this secrion is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Do ume-n
j s'(' ND• rj=(,/ C Z(p
Title or Type of Document: 1 Document Date: 3 a- /
Number of Pages: Signer( s) Other Than Named Above:

Capacity(ies) Claimed by Signer(s)
Signer' s Name: Signer' s Name:

Corporate Officer — Title( s): Corporate Officer — Title( s):

Partner — Limited General Partner — Limited General
Individual L] Attorney in Fact Individual 1 Attorney in Fact Trustee 1 J Guardian or Conservator Trustee I. I Guardian or Conservator Other: Other:

Signe,r Is Repr senting: Signer Is Representing:
0 02014 National Notary Association • www. NationalNotary. org • 1- 800- US NOTARY( 1- 800- 876- 6827) Item # 5907 289
Exhibit A

APN 191- 270- 24 and 191- 270- 26

LEGAL DESCRIPTION
Rea] property in the unincorporated area of the County of San Joaquin, State of California, described as follows:

A PORTION OF SECTIONS 14, 15 AND 16, TOWNSHIP 1 SOUTH, RANGE 6 EAST,

MOUNT DIABLO BASE AND MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

PARCEL A, AS SHOWN ON THAT CERTAIN PARCEL MAP FILED FOR RECORD FEBRUARY 19, 2004 IN BOOK 23 OF PARCEL MAPS, PAGE 9, SAN JOAQUIN COUNTY RECORDS.

APN 191- 270- 24 and 191- 270- 26
290
Exhibit A

APN 191- 270- 11, 191- 270- 32 and 191- 270- 33

LEGAL DESCRIPTION
Real property in the unincorporated area of the County of San Joaquin, State of California, described as follows:

PARCEL 1 AS SHOWN ON THAT CERTAIN PARCEL MAP FILED FOR RECORD DECEMBER 30, 2004 IN BOOK 23 OF PARCEL MAPS AT PAGE 91, SAN JOAQUIN COUNTY RECORDS,

TOGETHER WITH ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF SAN JOAQUIN, STATE OF CALIFORNIA, BEING A PORTION OF PARCEL 2 AS SHOWN ON THAT CERTAIN PARCEL MAP RECORDED IN BOOK 23 OF PARCEL MAPS AT PAGE 91, SAN JOAQUIN RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHEASTERLY CORNER OF PARCEL 2 AS SHOWN ON THE ABOVE

MENTIONED PARCEL MAP, THENCE FROM SAID POINT OF BEGINNING, ALONG THE EASTERLY LINE OF SAID PARCEL 2, SOUTH 00° 00' 43" WEST 1261. 03 FEET TO THE SOUTHEASTERLY CORNER OF SAID PARCEL 2;
THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL 2, NORTH 89° 59' 17" WEST 284. 91 FEET;
THENCE LEAVING SAID SOUTHERLY LINE AND ENTERING SAID PARCEL 2, THE FOLLOWING FIVE( 5) COURSES:

1. NORTH 00° 00'43" EAST 721. 00 FEET;

2. SOUTH 89° 59' 17" EAST 18. 00 FEET;

3. NORTH 00° 00'43" EAST 116. 25 FEET;

4. NORTH 89° 59' 17" WEST 18. 00 FEET;

5. NORTH 00 00'43" EAST 424. 00 FEET TO A POIN`I' ON THE NORTHERLY LINE OF SAID PARCEL 2;
THENCE ALONG SAID NORTHERLY LINE, SOUTH 89° 56'35" EAST 284. 91 FEET, TO THE TRUE POWT OF BEGINNING.

THIS LEGAL DESCRIPTION IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE APPROVING A LOT LINE/ BOLJNDARY LINE ADJUSTMENT, CERTIFICATE NO. PA- 0800041, RECORDED MARCH 28, 2008, AS INSTRUMENT NO. 2008- 050423 OF OFFICIAL RECORDS.

APN 191- 270- 11, 191- 270- 32 and 191- 270- 33
291
Exhibit A

APN 191- 280- 09 AND 191- 280- 10

LEGAL DESCRIPTION
Real properry in the unincorporated area of the County of San Joaquin, State of Califomia, described as follows:

PARCEL ONE( APN 191- 280- 09):

A TRACT OF LAND SITUATED IN SECTION NINE( 9) AND TEN( 10), TOWNSHIP ONE( 1) SOUTH, RANGE SIX( 6) EAST, MOUNT DIABLO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS:

COMMENCING AT AN IRON PIPE AT FENCE CORNER AT THE NORTHEAST CORNER OF THE BRANDT RANCH, SAID PII'E BEING IN THE WEST LINE OF LOT LINE NINE( 9) OF SHIPPEE FRENCH CAMP TRACT, AND 12. 25 CHAINS NORTH OF THE CENTER OF SAID SECTION 10; THENCE DUE WEST ALONG FENCE ON THE NORTH LINE OF THE BRANDT PROPERTY, 456. 5 FEET TO AN IRON PIPE IN THE SOUTHERLY LINE OF COUNTY ROAD, KNOWN AS ROBERTS ISLAND ROAD; THENCE ALONG THE SOUTHERLY LINE OF SAID ROAD AS FOLLOWS:

SOUTH 53° 10` WEST, 50. 04 FEET TO AN IRON PIPE; DUE WEST 1460. 55 FEET TO AN IRON PIPE AT THE TRUE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED TRACT; THENCE CONTINUE ALONG THE SOUTH LINE OF COUNTY ROAD, DUE WEST 1310. 0 FEET TO AN IRON PIPE; THENCE SOUTH O1° 45` EAST, 3417. 0 FEET TO AN IRON PIPE IN THE SOUTH LINE OF THE BRANDT PROPERTY; TF-IENCE SOUTH 89° 45` 30" EAST ALONG THE SOUTH LINE OF BRANDT PROPERTY, 1310. 2 FEET TO AN IRON PIPE; THENCE NORTH 1° 45` WEST, 3422. 5 FEET TO THE TRUE POINT OF BEGINNING.

EXCEPT THAT PORTION OF SAID LAND DESCRIBED IN DEED RECORDED MARCH 17, 1967 IN VOL. 3111 OF OFFICIAL RECORDS, PAGE 215 SAN 70AQUIN COUNTY RECORDS.

PARCEL TWO( APN 191- 280- 09):

A TRACT OF LAND SITUATED IN SECTION NINE( 9), TOWNSHIP ONE( 1) SOUTH, RANGE SIX 6) EAST, MOUNT DIABLO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS:

COMMENCING AT AN IRON PIPE AT FENCE CORNER AT THE NORTHEAST CORNER OF THE BRANDT RANCH, SAID IRON PIPE BEING IN THE WEST LINE OF LOT NINE( 9) OF SHIPPEE FRENCH CAMP TRACT AND 12. 25 CHAINS NORTH OF THE CENTER OF SECTION TEN( 10), SAID TOWNSHIP AND RANGE; THENCE DUE WEST ALONG FENCE ON THE NORTH LINE OF THE BRANDT RANCH, 456. 5 FEET TO AN IRON PIPE IN THE SOUTHERLY LINE OF COUNTY ROAD, KNOWN AS THE ROBERTS ISLAND ROAD; THENCE ALONG THE SOUTHERLY LINE OF SAID ROAD AS FOLLOWS:

SOUTH 53° IO` WEST, 50. 04 FEET TO AN TRON PIPE, DUE WEST 2770. 55 FEET TO AN IRON PIPE; THENCE LEAVIIVG ROAD, SOUTH O1° 45` EAST, 1153. 0 FEET TO AN IRON PIPE AT PROPERTY CORNER; THENCE CONTINUE SOUTH 1° 45` EAST, 1168. 2 FEET TO AN IRON PIPE AT THE TRUE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED TRACT OF LAND; THENCE 292
Exhibit A

CONTINUE SOUTH O 1° 45` EAST 1095. 8 FEET TO AN IRON PIPE IN THE SOUTH LINE OF THE BRANDT PROPERTY; THENCE ALONG THE SOUTH LINE OF THE BRANDT PROPERTY, NORTH 89° 45` 30" WEST, 2269 FEET TO THE RIGHT BANK OF THE SAN JOAQUIN RIVER;

THENCE DOWNSTREAM ALONG THE RIGHT BANK OF THE SAN JOAQUIN RIVER AS FOLLOWS:

NORTH O1° 45` EAST, 382 FEET; NORTH 53 10` EAST, 340 FEET; NORTH40° 30` EAST, 495 FEET; NORTH 20° 10` EAST, 136. 7 FEET; THENCE LEAVING THE RIVER DLTE EAST 1572. 3 FEET TO THE TRUE POINT OF BEGINNING.

APN 191- 280- 09 AND 191- 280- 10
293
Exhibit A

APN 191- 280- 11

LEGAL DESCRIIPTYON
Real property in the unincorporated area of the County of San Joaquin, State of California, described as foIlows:

A PORTION IN SECTION 9, TOWNSHIP 1 SOUTH, RANGE 6 EAST, MOUNT DIABLO BASE AND MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCWG AT AN IRON PIPE AT FENCE CORNER AT THE NORTHEAST CORNER OF THE BRANDT RANCH, SAID IRON PIPE BEING IN THE WEST LIlVE OF LOT 9 OF SHIPPEE FRENCH CAMP TRACT, AND 12. 25 CHAINS NORTH OF THE CENTER OF SECTION 10, SAID TOWNSHIP AND RANGE; THENCE DUE WEST ALONG FENCE ON THE NORTH LINE OF

BRANDT RANCH,
456. 5 FEET TO AN IRON PIPE IN THE SOUTHERLY LINE OF COUNTY ROAD KNOWN AS THE ROBERTS ISLAND ROAD; THENCE ALONG THE SOUTHERLY LINE OF SAID ROAD AS FOLLOWS: SOUTH 53° 10' WEST, 0. 04 FEET TO AN IRON PIPE; DUE WEST 2770.55 FEET TO AN IRON PIPE; THENCE LEAVING ROAD, SOUTH 1° 45' EAST, 1153 FEET TO AN IRON PIPE AT THE TRUE POINT OF BEGINNING OF THE FOLLOWING AND WITHIN DESCRIBED 40.585 ACRE TRACT OF LAND; THENCE CONTINUE SOUTH 1° 45' EAST, 1168. 2 FEET TO AN IRON PIPE; THEIVCE DUE WEST 15723 FEET TO THE RIGHT BANK OF THE SAN JOAQUIN RIVER;

THENCE DOWNSTREAM ALONG THE RIGHT BANK OF THE SAN JOAQUIN RIVER, AS FOLLOWS: NORTH 25° 10' EAST, 306.8 FEET; NORTH 2° 15' EAST, 210 FEET; NORTH 33° OS' EAST, 210 FEET; NORTH 33 OS' WEST, 207 FEET; NORTH 56° 25 ' WEST, 236 FEET TO PROPERTY CORNER; THENCE ALONG PROPERTY LINE, AS FOLLOWS: NORTH 40° 23' EAST, 494 FEET TO AN IRON PIPE; DUE EAST 1387. 65 FEET TO THE TRUE POINT OF BEGINNING.

APN 191- 280- 11
294
Exhibit A

APN 193- 340- 03

LEGAL DESCRIPTION
Real property in the unincorporated area of the County of San 7oaquin, State of California, described as follows:

THAT CERTAIN REAL PROPERTY SITUATED IN SECTIONS ( 3) AND G OF C. M. WEBER GRANT, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT A STEEL AXLE AT TNE SOUTHWEST CORNER OF SAID C. M. WEBER GRANT; THENCE NORTI3 89° 23` EAST AL01VG THE SOUTH LIlVE OF SAID C. M. WEBER GRANT, BEING THE SOUTH LINE OF BRIGGS PROPERTY, 4004. 07 FEET TO A STEEL AXLE AT THE SOUTHWEST CORNER OF PETERS, 41. 56 ACRE TRACT DESCRIBED IN DEED RECORDED IN VOL. 592 OF OFFICIAL RECORDS, PAGE 341; THENCE ALONG THE WEST LINE OF SAID PETERS PROPERTY, NORTH 0° 37' WEST, 1191. 8 FEET TO A STEEL AXLE AT THE 1VORTHWEST CORNER OF SAID

41. 56 ACRE TRACT; THENCE SOUTH 89° 52' 15" WEST, 691. 05 FEET TO A POIN'I' DESIGNATED A; THENCE NORTH 0° 07` 45" WEST, 50 FEET TO A POINT IN THE SOUTH LINE OF THE STUART 60 ACRE TRACT DESCRIBED IN DEED RECORDED IN VOL. 506 OF OFFICIAL RECORDS, PAGE 489; THENCE ALONG THE SOUTH LINE OF STUART PROPERTY, SOUTH 89° 52' 15" WEST, 1607. 48 FEET TO THE SOUTHWEST CORNER OF THE STUART 5 ACRE TRACT DESCRIBED IN DEED RECORDED IN VOL. 531 OF OFFICIAL RECORDS, PAGE 332; THENCE ALONG THE WEST LINE OF SAID 5 ACRE TRACT, NORTH 0° 07" 45" WEST, 557. 77 FEET TO THE NORTHWEST CORNER OF SAID 5 ACRE TRACT; THENCE ALONG BOUNDARY LINE OF ABOVE MENTIONED STUART 60 ACRE TRACT, SOUTH 89° 52" 15" WEST, 1753. 02 FEET TO A CORNER OF SAID 60 ACRE TRACT IN THE WEST LINE OF SAID C. M. WEBER GRANT; THENCE ALONG THE WEST LIlVE OF SAID C. M. WEBER GRANT, SOUTH 1° 56` EAST, 1834. 5 FEET TO THE POINT OF BEGINNING.

EXCEPT THEREFROM THAT PORTION DESCRIBED IN DEED TO ROSAURO A. DACLAN AND PAULA D. DACLAN, HIS WIFE, RECORDED JANUARY 22, 1952 IN VOL. 1389 OF OFFICIAL RECORDS, PAGE 359, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

A PORTION OF SECTION G OF C. M. WEBER` S GRANT, MORE PARTICULARLY DESCRIBBD AS FOLLOWS:

BEGINI iING AT THE SOUTHWEST CORNER OF SECTION G OF SAID WEBER GRANT; THENCE NORTH 1° 56` WEST ALONG THE WEST LINE OF SAID SECTION, A DISTANCE OF 1834. 5 FEET TO THE SOUTHWEST CORNER OF THE STUART 60 ACRE TRACT, RECORDED NOVEMBER 6, 1935 IN VOL. 506 OF OFFICIAL RECORDS, PAGE 489; THENCE SOUTH 89° 30` EAST ALONG THE SOUTH LINE OF SAID 60 ACRE TRACT, A DISTANCE OF 1753. 02 FEET TO THE NORTHWEST CORNER OF THE STUART 5 ACRES TRACT, DESCRIBED IN DEED RECORDED JLTNE 5, 1936 W VOL. 531 OF OFFICIAL RECORDS, PAGE 332; THENCE SOLJTH 0°07`45" WEST ALONG THE WEST LINE OF SAID 5 ACRE TRACT AND SAID WEST LINE PROJECTED SOUTHERLY TO A POINT IN THE SOUTH LINE OF SAID WEBER GRANT; THENCE WEST ALONG THE SOUTH LINE OF SAID WEBER GRANT TO THE POINT OF BEGINNING.

APN 193- 340- 03
295
Exhibit A

APN 241- 020- 70

LEGAL DESCRIPTION
Real property in the unincorporated area of the County of San] oaquin, State of California, described as follows:

A PORTION OF SECTION 3, TOWNSHIP 2 SOUTH, RANGE 6 EAST, MOUNT DIABLO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS:

COMMENCING AT THE INTERSECTION OF THE SOUTH RIGHT OF WAY LINE OF THE

CENTRAL PACIFIC RAILWAY COMPANY WITH THE QUARTER SECTION LINE NORTH AND SOUTH THROUGH SAID SECTION 3; THENCE RUNNING SOUTHWESTERLY ALONG SAID

SOUTH RIGHT OF WAY LINE TO THE INTERSECTION OF THE EAST LINE OF THE MOSSDALE ROAD PRODUCED TO MEET THE SAME; BEING THE POINT OF BEGINNING OF THE TRACT OF LAND HEREIN DESCRIBED; THENCE RUNNING SOUTH TO THE SOUTH LINE OF SECTION 3; THENCE WEST TO THE RIGHT BANK OF THE SAN JOAQUIN RIVER; THENCE FOLLOWING

THE MEANDERS OF SAID RIVER DOWNSTREAM TO ITS INTERSECTION WTTH THE EAST LINE OF THE MOSSDALE ROAD; THENCE FOLLOWING SAID LINE OF ROAD

NORTHEASTERLY TO ITS INTERSECTION WITH THE SOUTH LINE OF THE RIGHT OF WAY OF CENTRAL PACIFIC RAILWAY COMPANY; THENCE NORTHEASTERLY ALONG SAID RIGHT OF WAY TO THE POINT OF BEGINNING.

EXCEPTING THEREFROM A 100 FOOT STRIP OF LAND CONVEYED TO STATE OF CALIFORNIA FOR HIGHWAY PURPOSES BY DEED RECORDED APRIL 17, 1925 IN BOOK OF OFFICIAL RECORDS, BOOK 67, PAGE 375, SAN JOAQLTIN COUNTY RECORDS.

ALSO EXCEPTING THEREFROM ALL THAT PORTION OF THE FOLLOWING DESCRIBED

REAL PROPERTY LYING EAST OF THE EAST LINE OF THE OLD MOSSDALE ROAD AND NORTH OF THE NORTH LINE OF THE NEW STATE HIGHWAY:

COMMENCING AT A POINT 50 FEET SOUTH OF INTERSECTION OF CENTER LTNE OF

CENTRAL PACIFIC RAILWAY RIGHT OF WAY WITH THE ONE- HALF SECTION LINE RUNNINC NORTH AND SOUTH THROUGH SECTION 3, TOWNSHIP 2 SOUTH, RANGE 6 EAST, MOUNT DIABLO BASE AND MERIDIAN; THENCE RUNNING SOUTH ALONG SAID ONE- HALF SECTION LINE TO THE SOUTH LINE OF SAID SECTION 3; THENCE WEST ALONG THE SOUTH LINE OF SECTION 3 TO THE RIGHT BANK OF SAN JOAQUIN RIVER; THENCE FOLLOWING

THE MEANDERINGS OF SAID RIVER DOWNSTREAM TO ITS INTERSECTION WITH THE EAST LINE OF OLD MOSSDALE ROAD; THENCE ALONG THE EAST LINE OF SAID OLD MOSSDALE ROAD NORTHEASTERLY TO ITS INTERSECTION WITH A LINE PARALLEL WITH AND 50 FEET SOUTH OF THE CENTER LINE OF CENTRAL PACIFIC RAILWAY RIGHT OF WAY; THENCE NORTHEASTERLY ALONG SAID LINE PARALLEL WITH A1VD 50 FEET SOUTH OF

THE CENTER LINE OF THE CENTRAL PACIFIC RAILWAY RIGHT OF WAY TO THE POINT OF COMMENCEMENT AND BEING A PORTION OF THE WEST 1/ 2 OF SECTION 3, TOWNSHIP 2 SOUTH, RANGE 6 EAST, MOUNT DIABLO BASE AND MERIDIAN.

ALSO EXCEPTING THEREFROM ANY PORTION THEREOF LYING WITHIN THE 400 FOOT CONGRESSIONAL GRANT OF CENTRAL PACIFIC RAILWAY COMPANY. 296
Exhibit A

ALSO EXCEPTING THEREFROM A TRACT OF LAND CONVEYED TO STATE OF CALIFORNIA FOR HIGHWAY PURPOSES BY DEED RECORDED AUGUST 16, 1928 IN BOOK OF OFFICIAL RECORDS, BOOK 247, PAGE 165, SAN JOAQUIN COUNTY RECORDS.

ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO STATE OF CALIFORNIA FOR HIGHWAY PURPOSES BY DEED RECORDED OCTOBER I1, 1955 IN BOOK OF

OFFICIAL
RECORDS, BOOK 1797, PAGE 536, SAN JOAQUIN COUNTY RECORDS.

ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO STATE OF CALIFORNIA FOR HIGHWAY PURPOSES BY DEED RECORDED JANUARY 8, 1945 IN BOOK OF OFFICIAL RECOR.DS, BOOK 907, PAGE 334, SAN JOAQUIN COUNTY RECORDS.

ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO STATE OF CALIFORNIA BY DEED RECORDED APRIL 17, 1969 IN BOOK OF OFFICIAL RECORDS, BOOK 3297, PAGE 147, SAN JOAQUIN COUNTY RECORDS.

ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO RECLAMATION DISTRICT NO. 17, A PUBLIC AGENCY BY DEED RECORDED APRIL 22, 2010 AS INSTRUMENT NO. 2010055050 OF OFFICIAL RECORDS, SAN JOAQUIN COUNTY RECORDS.

ALSO EXCEPTING ANY PORTION OF THE LAND WITHIN THE NATURAL BED OF THE SAN

JOAQUIN RIVER AND ITS TRIBUTARIES BELOW THE ORDINARY HIGH WATER MARK

WHERE IT WAS LOCATED PRIOR TO ANY ARTIFICIAL OR AVULSIVE CHANGES IN THE LOCATION OF THE RIVER.BED.

APN 241- 020- 70
297
Exhibit A

APN 241- 030- 13

LEGAL DESCRIPTION
Real property in the unincorporated area of the County of San Joaquin, State of California, described as follows:

PARCEL ONE:

A PORTION OF SECTIONS 3 AND 10, TOWNSHIP 2 SOUTH, RANGE 6 EAST, MOUNT DIABLO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS:

COMMENCING AT A POINT ON THE ONE-HALF SECTION LINE, 6. 44 CHAINS WEST OF THE QUARTER SECTION CORNER OF THE EAST SIDE OF SECTION 10, TOWNSHIP 2 SOUTH, RANGE 6 EAST, MOUNT DIABLO BASE AND MERIDIAN; THENCE NORTH ALONG A FENCE AND 6.44 CHAINS WEST OF THE SECTION LINE TO THE SOUTHERLY LINE OF THE RIGHT OF WAY OF THE CENTRAL PACIFIC RAILWAY COMPANY; THENCE SOUTHWESTERLY ALONG

SAID RIGHT OF WAY TO THE ONE- HALF SECTION LINE RUNNING NORTH AND SOUTH THROUGH THE CENTER OF SECTION 3, SAID TOWNSHIP AND RANGE; THENCE SOUTH TO THE QUARTER SECTION CORNER BETWEEN SECTIONS 3 AND 10, SAID TOWNSHIP AND RANGE; THENCE WEST ALONG THE QUARTER SECTION LIlVE TO THE EASTERLY BANK OF THE SAN JOAQUIN RIVER;THENCE MEANDERING THE EASTERLY BANK OF SAID RIVER UPSTREAM TO WALTHALL SLOUGH;THENCE UP SAID SLOUGH TO A POINT 15. 37 CHAINS WEST OF THE EAST LINE OF SECTION 10, SAID TOWNSHIP AND RANGE; THENCE NORTH

PARALLEL TO SAID SECTION LINE, TO THE QUARTER SECTION LINE, EAST AND WEST THROUGH THE CENTER OF SAID SECTION I O; THENCE EAST TO THE POINT OF BEGINNING.

SAVING AND EXCEPTING THEREFRQM THAT CERTAIN STRIP OF LAND CONTAINING

7. 57 ACRES, CONVEYED BY ANGEL LITCHFIELD TO ALAMEDA AND SAN JOAQUIN RAILROAD COMPANY BY DEED DATED AUGUST 31, 1885, FTLED FOR RECORD IN BOOK A" OF DEEDS, VOL. 87, PAGE 474, SAN JOAQUIN COUNTY RECORDS.

ALSO SAVING AND EXCEPTING THEREFROM THAT CERTAIN PIECE OF LAND 100 BY 150 FEET, CONVEYED BY ANGEL LITCHFIELD TO RECLAMATION DISTRICT NO. 17, BY DEED DATED FEBRUARY 9, 1909, FILED FOR RECORD IN BOOK" A" OF DEEDS, VOL. 173, PAGE 470, SAN JOAQUIN COUNTY RECORDS.

ALSO EXCEPT THEREFROM THAT PORTION CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED OCTOBER 5, 1955 IN BOOK 1796 OF OFFICIAL RECORDS, PAGE 30, SAN JOAQUIN COLTNTY RECORDS.

ALSO EXCEPT THEREFROM THAT PORTION CONVEYED TO ROBERT H. BROWN, ET UX, RECORDED JUNE 4, 1964 IN BOOK 2829 OF OFFICIAL RECORDS, PAGE 434, SAN JOAQUIN COUNTY RECORDS.

ALSO EXCEPT THEREFROM THAT PORTION CONVEYED TO THE STATE OF CALIFORNIA, BY DEED RECORDED AUGUST 19, 1974 IN BOOK 3903 OF OFFICIAL RECORDS, PAGE 106, SAN JOAQUIN COIJNTY RECORDS.

ALSO EXCEPTING THEREFROM THAT PORTION OF THE LAND DESCRIBED IN THE GRANT 298
Exhibit A

DEED TO RECLAMATION DISTRICT NO. 17, A PUBLIC AGENCY RECORDED APRIL 22, 2010 AS INSTRUMENT NO. 2010-055046 OF OFFICIAL RECORDS.

PARCEL TWO:

AN EASEMENT 20 FEET IN WIDTH FOR DRAINAGE PURPOSES OVER A PORTION OF SECTION 10, TOWNSHIP 2 SOUTH, RANGE 6 EAST, MOUNT DIABLO BASE AND MERIDIAN, THE CENTER LINE OF WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT A POINT IN THE CENTER LINE OF THE WESTERN PACIFIC RAILROAD

RIGHT OF WAY, AT THE EASTERLY END OF A STEEL BRIDGE ACROSS THE SAN JOAQUIN RIVER; RUNNING THENCE ALONG THE CENTERLINE OF SAID RIGHT OF WAY, NORTH 68° 49' EAST 350 FEET; THENCE SOUTH 23° 11' EAST 50 FEET TO A POINT IN THE SOUTHERLY LINE

OF THE WESTERN PACIFIC RAILROAD COMPANY RIGHT OF WAY, SAID POINT BEING IN

THE CENTERLINE OF A DRAINAGE CANAL AND ALSO BEING THE TRUE POINT OF BEGINIVING; THENCE RUNNING ALONG THE CENTERLINE OF SATD DRAINAGE CANAL SOUTH 23° 11' EAST, 238 FEET, MORE OR LESS, TO THE INTERSECTION OF SAID CENTERLINE

WITH THE CENTERLINE OF A DRAINAGE CANAL RUNNING IN A GENERALLY NORTHWESTERLY DIRECTION; THENCE ALONG THE CENTERLINE OF SAID DRAINAGE CANAL RUNNING IN A NORTHWESTERLY DIRECTION ON THE FOLLOWING TWO COURSES:

1. NORTH 62° 09' 41" WEST 190 FEET;

2. NORTH 78° 26'34" WEST 29.00 FEET TO THE WESTERLY END OF A CONCRETE INTAKE STRUCTURE; THENCE SOUTH 66° 49' WEST 235 FEET, MORE OR LESS, TO THE EASTERLY BANK OF THE SAN JOAQUIN RIVER, AS RESERVED IN DEED TO ROBERT B. BROWN, ET UX, RECORDED JiJNE 4, 1964 IN BOOK 2829 OF OFFICIAL RECORDS, PAGE 434, SAN JOAQUW COUNTY RECORDS.

APN: 241- 030- 13
299
Exhibit A

APN 241- 410-02

LEGAL DESCRIPTION
Real property in the unincorporated area of the County of San Joaquin, State of California, described as follows:

A PORTION OF THE WEST 1/ 2 OF SECTION 2 AND A PORTION OF THE EAST 1/ 2 OF SECTION 3, TOWNSHIP 2 SOUTH, RANGE 6 EAST, MOUNT DIABLO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS:

COMMENCING AT A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF STATE HIGHWAY RT. 120, SAID POINT BEING A CONCRETE MOIVUMENT MARKING THE WEST LINE OF MCALPIN PROPERTY AS DESCRIBED IN DEED RECORDED JULY 7, 1954 IN BOOK 1648, PAGE 424; THENCE SOUTH 0 DEGREES 18 MINUTES WEST, ALONG SAID WEST LINE, A DISTANCE OF 1438 FEET; THENCE DUE EAST A DISTANCE OF 25 FEET TO THE NORTHWEST CORNER OF PROPERTY AS DESCRIBED IN DEED TO TRACEY E. DALE, ET UX, RECORDED IN BOOK 2788 PAGE 514; THENCE NORTH 84 DEGREES 30 MINUTES 52 SECONDS EAST, ALONG THE

SOUTH LINE OF PROPERTY AS DESCRIBED IN DEED TO RUTH REHAK, RECORDED NOVEMBER 18, 1966 IN BOOK 3088, PAGE 198, OFFICIAL RECORDS, A DISTANCE OF 636 FEET TO THE TRUE POINT OF BEGTNNING OF THE HEREINAFTER DESCRIBED PARCEL:

THENCE CONTINUE NORTH 84 DEGREES 30 MINUTES 52 SECONDS EAST, A DISTANCE OF 430. 52 FEET TO THE EAST LINE OF PROPERTY DESCRIBED AS THE— NORTH PARCEL" IN THE INTERLOCUTORY JUDGMENT OF DNORCE, RECORDED JUNE 16, 1966 IN BOOK 3057, PAGE 206; THENCE NORTH 4 DEGREES 08 MINUTES 50 SECONDS EAST, ALONG THE EAST LINE OF SAID— NORTH PARCEL", A DISTANCE OF 1655. 57 FEET, MORE OR LESS, TO THE SOUTHERT, Y LINE OF STATE HIGHWAY RT. 120; THENCE SOUTHWESTERLY ALONG THE SOUTHERLY LINE OF SAID HIGHWAY A DISTANCE OF 411 FEET; THENCE SOUTHERLY, PARALLEL WITH THE EASTERLY LINE OF SAID REHEK PROPERTY; A DISTANCE OF 500 FEET; THENCE SOUTHWESTERLY, PARALLEL WITH THE SOUTHERLY LWE OF SAID HIGHWAY 120, TO THE EASTERLY LINE OF REHEK PROPERTY; THENCE SOUTHERLY,

ALONG THE EAST LINE OF SAID REHAK PARCEL TO THE TRUE POINT OF BEGINNING

EXCEPT THEREFROM THAT PORTION DESCRIBED IN DEED TO THE STATE OF CALIFORNIA, RECORDED JUNE 21, 1977, IN BOOK 4274, PAGE 697, OFFICIAL RECORDS.

ALSO EXCEPT THEREFROM PARCELS A AND B AS SHOWN ON PARCEL MAP FILED JANUARY I0, 1978 IN BOOK 5 OF PARCEL MAPS, AT PAGE 120, SAN JOAQUIN COiJNTY RECORDS.

APN 241- 410- 02
300
Exhibit A

APN 241- 410- 03

LEGAL DESCRIPTION
Real property in d e unincorporated area of the County of San Joaquin, State of California, described as follows:

PARCEL ONE:

PARCEL A, AS SHOWN ON PARCEL MAP FILED OCTOBER 31, 1980 IN VOL. 9 OF PARCEL MAPS, PAGE 173, SAN JOAQUIN COUNTY RECORDS.

PARCEL TWO:

AN EASEMENT FOR INGRESS AND EGRESS OVER AND UPON THE FOLLOWING DESCRIBED PROPERTY:

A PORTION OF SECTION 3, TOWNSHIP 2 SOUTH, RANGE 6 EAST, MOUNT DIABLO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS:

A STRIP OF LAND 25 FEET WTDE, THE WEST LINE THEREOF BEING DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF STATE HIGHWAY ROUTB 120, SAID POINT BEING A CONCRETE MONUMENT MARKING THE WEST LINE OF THE MCALPIN PROPERTY; THENCE SOUTH 0° 18' WEST ALONG THE WEST LINE OF SAID MCALPW PROPERTY A DISTANCE OF 1961 FEET TO A POINT ON THE NORTH LINE OF THE DESCRIBED IN DEED TO JAMES ROBERT POWELL, ET UX, RECORDED SEPTEMBER 19, 1967 IN BOOK 3153 OF OFFICIAL RECORDS, PAGE 465, AND BEING THE TERMINATION POINT OF SAID LINE.

EXCEPT THEREFROM THAT PORTION OF PROPERTY AS DESCRIBED IN THE FINAL ORDER OF CONDEMNATION RECORDED AUGUST 16, 1977 IN BOOK 4295 OF OFFICIAL

RECORDS, PAGE
676.

APN: 241- 410- 030- 000
301
i
Exhibit A

APN 241- 410- 06

LEGAL DESCRIPTION
Real property in the unincorporated area of the County of San Joaquin, State of California, described as foilows:

PARCEL C, AS SHOWN ON PARCEL MAP FILED DECEMBER 28, 1977 IN BOOK 5 OF PARCEL MAPS, PAGE 105, SAN JOAQUIN COUNTY RECORDS.

APN 241- 410- 06
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Exhibit A

APN 241- 410- 07

LEGAL DESCRIPTION
Real property in the unincorporated area of the County of San Joaquin, S[ ate of Catifornia, described as follows:

PARCEL B, AS SHOWN ON PARCEL MAl' FILBD OCTOBER 31, 1980 IN VOL. 9 OF PARCEL MAPS, PAGE i73, SAN JOAQUIN COUNTY RECORDS.

APN 241- 410-07
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ITEl II 4. 11.

CITY MANAGER' S REPORT
7ULY 10, 2023 CITY COUNCIL MEETING
ITEM: RATIFY THE CITY MANAGER' S APPROVAL OF AN
AGREEMENT WITH SOLID NETWORKS, INC. FOR

EQUIPMENT REQUIRED FOR THE CAD- RIMS
TRANSFER PR07ECT
RECOMMENDATION: Adopt Resolution Ratifying the City Manager' s Approval of an Agreement with Solid Networks, Inc.
for Equipment Required for CAD- RIMS Transfer
Project
SUMMARY:

The City entered into a contract with the City of Ripon for dispatching services, which commenced in July 2022 and allowed the City of Lathrop to host its CAD system on Ripon' s existing infrastructure. Due to supply chain, the equipment was not available at the time of start up for the Lathrop Police Department.

Now that the equipment has become available, the Information Systems Department ISD) stafF recommends the transfer of the City' s CAD- RIMs software system to the Lathrop Police Department ( LPD) to ease security and software updates, and allow ISD to further customize the software to better serve the residents of Lathrop.

Hosting the servers on- site will result in faster and easier access to data for all LPD staff. This move will also enable the City to integrate state- of-the- art technologies that are currently not feasible when sharing systems with the Ripon Police Department, thereby reducing the time required for crime investigations.

Additionally, having the equipment hosted at LPD will allow the Information Systems Department ( ISD) to maintain the equipment, perform security and CAD software updates at more regular intervals.

Dispatching services will continue to be handled by the Ripon Police Department, while hardware and data will be hosted at the Lathrop Police Building.

Staff requested quotes from ten ( 10) vendors, but only one vendor responded to the request due to high demand and supply chain issues. Solid Networks, Inc. is the sole vendor capable of providing the required equipment for the project, with a hardware cost of $ 120, 585. 19. The City Manager signed an agreement on June, 12, 2023 to avoid further delays. Staff is requesting the City Council ratify the City Manager' s approval of this purchase.

BAC KG ROU N D:

The Ripon Police Department has been supporting the City of Lathrop' s CAD systems and allowed us to host the CAD system within their current infrastructure. Due to supply chain issues, the equipment was not available at the time of establishing the 307
CITY MANAGER' S REPORT PAGE 2
7ULY 10, 2023 CITY COUNCIL MEETING

RATIFY THE CITY MANAGER' S APPROVAL OF AN AGREEMENT WITH SOLID NETWORKS, INC. FOR EQUIPMENT REQUIRED FOR THE CAD- RIMS

TRANSFER PROJECT
department. Since this is a high demand product, the City Manager approved the purchase from the sole vendor able to produce the equipment required, while it was available. Staff now requests City Council ratify the City Manager' s approval.

To improve responsiveness, security upgrades, and maintenance services, the Information Systems Department ( ISD) is collaborating on the transfer of LPD information from the servers at Ripon Police Department to servers located at the Lathrop Police Department. These servers store data from various software utilized by LPD, including the Records Information Management System ( RIMS), Computer Aided Dispatch ( CAD) from Sun Ridge, DOJ compliance information, as well as data and information from the dispatching services. Having the equipment hosted at LPD will allow the Information Systems Department ( ISD) to maintain the equipment and perform security and CAD software updates at more regular intervals, a responsibility that currently falls under the purview of the Ripon Police Department Information Technologies stafF.

Dispatching services will continue to be handled by the Ripon Police Department, while hardware and data will be hosted at the Lathrop Police Building.

REASON FOR RECOMMENDATION:

At the time of establishment of the LPD, the equipment was not available due to restricted supply and excessive demand. Hosting the servers on- site will significantly improve data accessibility for police staff, enabling faster integration of state- of-theart technology to expedite investigations, reduce stafF time, and enhance software, equipment, and security responsiveness. It also empowers the police staff to make necessary changes to better serve the citizens of Lathrop. By hosting the equipment closer to the ISD, the staff can efficiently maintain the equipment and perform updates at more regular intervals and as needed. Moreover, data communications to the patrol vehicles would improve, because the City benefits from multiple robust connections for accessing the network systems.

FISCAL IMPACT:

The funds for the equipment are available in the FY 23/ 24 budget and available in the Lathrop Police Department budget.

ATTACHMENTS:

A. Resolution of the City Council of the City of Lathrop to Ratify the City Manager' s Approval of an Agreement with Solid Networks, Inc. for the Equipment Required for the Ripon CAD- RIMS Project Move
B. PO # 2023- 617 with Solid Networks, Inc. for the Purchase of Equipment Required for the Ripon CAD- RIMS Project Move
308
CITY MANAGER' S REPORT PAGE 3
7ULY 10, 2023 CITY COUNCIL MEETING

RATIFY THE CITY MANAGER' S APPROVAL OF THE PURHCASE WITH SOLID NETWORKS, INC. FOR THE EQUIPMENT REQUIRED FOR THE RIPON CADRIMS PROJECT MOVE APPROVALS:
7 - —.. c 3
y
nandes Date
Information Systems Director
Cari James Date
Finance Director
3 - Z o23
Michael King Date
Assistant City Manag r
z Z
Salvador Navarrete Date
City Attorney
7•3-23
p
en J. Salvatore Date
City Manager
309
RESOLUTION NO. 23 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP RATIFYING

THE CITY MANAGER' S APPROVAL OF THE PURCHASE WITH SOLID NETWORKS, INC. FOR THE EQUIPMENT REQUIRED FOR THE CAD- RIMS

TRANSFER PROJECT
WHEREAS, on June 30th, 2022, the City of Lathrop established its own Police Department ( LPD; and
WHEREAS, the City entered into a contract with the City of Ripon for dispatching services, which commenced in July 2022 and allowed us to host the City' s CAD- RIMS software system on Ripon' s existing hardware; and WHEREAS, due to supply chain constraints and the high demand for this equipment, the equipment was not available at the time of start up of the Lathrop Police Department; and
WHEREAS, since the equipment has become available, staff recommends the transfer of the City' s CAD- RIMS software system location to the Lathrop Police Department ( LPD) to ease security and software updates, and to allow ISD to continue to customize the software to better serve the residents of Lathrop; and WHEREAS, Staff requested quotes from ten ( 10) vendors, but only one vendor responded to the request due to high demand and supply chain issues. Solid Networks, Inc. is the sole vendor capable of providing the required equipment for the project, with a hardware cost of $ 120, 585. 19; and
WHEREAS, City Manager authorized the agreement on June 6, 2023; and NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Lathrop does hereby ratify the City Manager' s approval of an Agreement with Solid Networks, Inc. for the equipment required for the CAD- RIMS transfer project. 310
The foregoing resolution was passed and adopted this lOth day of July 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 311
Docu3ign Envelope ID: 7C7323E6- 3DEC- 4D8C- AD78- AE629DC04F4A Exhibit ,• +„ 390 7owne Centre Dr
rurcnase vrder
Lathrop, CA 95330 No. 2023- 00000617
o Date 6/ 1/ 2023
Resolution

PURCHASE ORDER NUMBER MUST
The parties to this agreement APPEAR ON ALL INVOICES, SHIPP RS, BILL

OF LADING AND CORRESPONDENCE
are:

Vendor No. 1295

DELIVER BY
Solid Netwo ks, Inc I1 390 Towne Centre Dr

SHIP VIA
P. O. Box 613 Lathrop, CA 95330 REIGHT TERMS
o
OAKDALE, CA 95361 PAGE 1 of 3
o ORIGiNATOR Emily Malay

1. 00 EACW DL 38Q B'f0 Virtuaf Senrer Bundle a13, 886. 0000 $ 13,886.00

1. 00 EACH HFE fL0 4- Server License 168.0000 168.U0

1. 00 EACH HPE 3 YR Tech Bas DMR L380 Gen 10 a1, 329. 0000 1, 329. OQ

2.OQ EACH Cisco 10GBASE- CU Cable 3 Meter 78.OD00 a156. 00

2.00 EACW Intel Xeon- Go1d 6242 Processor Kit 3,242. 0000 6.484. 00 2a. 00 EACH HPE 32 GB Memory Kit ss. 00aa 8, 832. OU

1. 00 EACH HPE Alletra 6030 23 TB 48,446. 0000 $ 48, 446. 00

1. 00 EACIi HPE 5YR Alletra 6000 Saas 23, 184. 0000 $ 23, 184. OQ

1. 00 EACH HPE 5tartup SVC 55, 933. 0000 55, 933. 00

1. 00 EACH HPE 5YR Tech Care EssenGals 5, 020. 0000 55,020A0

4.Q0 EACH Cisco 1QGBASE- CU Cab1e 3 Meter 78. OQ00 a312. 00

1. 00 EACH Tax 6, 835. 1980 s6,835. 19
The contractor agrees to tumish all labor, equipment and materials necessary to perform the services 120, 585. 19 describe herein and agrees to cflmply with lhe tenns and conditions identffied below whic are made a part hereof by this retere ce( Oudine exact deWil what is to be done, where is to be done and include work specificadons, if applicable.)
DoauSlpmd by
t,Y4taLt,, p. l,S fi/ 6/ 2023 t,t, 1 1S 11n.. b Ua. SOk. 5/ 6/ 2023 CITY OF I. ATHROP VENDOR ( Signature)

RECOMMENDED FOR APPROVAL DATB APPROVED BY DATE
p• L• Z7j Christina Robinson fi/ 6/ Z023
CI OF LATHROP VENDOR ( Pdnt Narney

APPROVED BY DATE APPROVED BY DATE
Speclal Instructions
Ripon CAD- RIMS Project Move

312
OocuSign Envelope ID: 7C7323E8- 3DEC- ID8GAD78-/ 1E829DC04F4A

STANllARD PURCHASE ORDER
TERMS AND CONDI7IONS
1 xcc'E rAxcE. aco e at,mx Pa ckda eh ar by v a mt r b pata x br s ua. sh. 0 be npon r} e oecrns aad emd dws hneo ao athsr oe s or camdihans sLalt be aa Hv}aaakss cmttm appm'al tbaeof spcaScalEY E to soch ot1 s md caa ditioos sfuU bttt bem grea to 5dter n vox s s n a s r o,aQ. h. 0 be i+ t ma o,
Cantract i ivai a.te s dueo mts. d te of ipn it or satice daoes. ml P+rr. sc O dQ N ba. F ulme ro sho ar sud uems ewy temit uf deisy ofp} mmt with all ti bes nsqtit4 iachu4a asL discamts. The Vmdaz mme aa thi Ru se Otdes Ited hom a q wh4aa si med ia tbe same name. Payment wlI aot be made to 5rm name o1 dun tbet sbowo am ILe ta e 6aeof nithaod roeat m assi a a l3. PAYMFNf IF1tM5. Sella sh ll aecaCe paymeat d ha by One- Time pay me Q. vmp S. MaaWlp ar Qutr aty TfEMQm IIdVOICE. All pay Qe m ae s.
d ORDER C& 1NGFS. 13e Hu}Yr: 4a11 h nti the nEht fiom t me to t e bp adttm ao4en to mate in qa u es m/ at ddtray data of a uqcle. m cai l. a emees ca raed b} dns P ee: e Oidar pzior to We time dK uan a items ne scrodiy p l oed' mto Sonal pro etion hy tLe Shcer. 1f such e6io es a e made dla the atieie, m eeul, ot serviees ee placed o Qmd piodaedaa bq he Shc md mcL clun es c ne subsaoWl inaease a decaea m 5eUer' s wi71 be made md t is ader will be modt5ed m antiu ucotd s. pro lded tbat clom Sor ad us nmt mnst be asees ed try the Seller anthia a re sao bk bme fm no case to aceed hreot) days) aAes tbe c4 a e u oid red

3. SFI PII( i. 5ellerratll mdia eplaaly die P hue Order N ber aa R bdls a l d. aq 800ds tii ed PwesusW b sud adc, md an all msaces. ej 1 b ls ad P Sa- P L
t romlaia a manau m aLo p Sdkc' s n aK. o s of pack e. md t+t ehaze Oides Nmab! s_
S aa s cr aoods speclfied m his Pmrh. se oraa anmba a6oald mnk m IowW posabfe& a tt rate las wbeuise speci5ed bq F uyc- emiva m ip t+.d cb or ea doe to diiiurr to obse tt6is p on,ztian wi11 be c6u e3! o Shcc.

Sbu pta coses far a b ck ada: hall be pud mly at du nte w huh aodd have beea applicabk hsd dk camplete a da 6em sbpped at ane time. AU eieess costs s6aU be bane bq Shca, PaAul st be dmti6ed as such an pp nE memma da d iu roica.
ar'bm shippin6. Se11et atll mal: e na decivahon of rahte to c+zried. atept vLae drpmmt ts svbjeet to celeased raL e tatmas.

Au} aatetWs saq plied m City whieh are cot eed! ry the OSHA 13asud Comuuunia ion Spadatd mast be 4ctamp ied bs t6 appliable Matmal SaSets Dafa Shat{ QSDS} t tLe mne of ddn ay

6. DELNE' RY Uoks: otbarorits a
essly povided. 5e1 all ddi a aD utie1a to H ryer s p nemi es, 6ee ot aa eiaht, hmc9inE.

Y 6- 6 md simil t c6 es. JUl t a in this caatrsct ue a the essmee.

7. IERb IAlION. 9uy c m q
1e nate dl or put of thu conRxt with or witbont ume. ff buyer tamiwbes v fhoat eaute. thm Bn}Q sball pay all retsmble tiaa c
ia inctm+ed by SeUa.
8 DECL' E 1tQ PRIC85. Buyer ah II be prolected' m t6e eceat o[ dec pioa tL ade vaad patiao ai t a Pmeysie Order It plias decliae 6ot taas a
i.Shca may ekct o taeet pnoed e ciima or athes adots, or u v a lo rer ptiee oo edur p h se s, bnt ifShca shoald ref ue to do so. Baya shaq lu se thr ri6ht to eancel atty a all ot die balmee e on t6 s Puaehase Oider wtdow t cost to

5. 9. FORCE 1 fA1EE7ltE. Nat6e r SeUa nar Buysr sL 1l be Gabk aaopes aee dne to e aes beymd reasa ble em a1 R'1ae ody a pazt of Shca' s apaeiey to pafam u nnde 1bi: puapsph, SeBa must aIloealed pzo coon aad delt« a moas the caiwus cnstam as tLea mda e cl toc nanil r aads wma the paiod. ' he s0oea mmt be made m a ba m d eqntiabk maaner. l' ae athv SeDQ a Boyer clatms u eaaae 6or 6oiau pce m der this par nph, it mnst En e nodce in ro tbe otha put• Shcc s1u L aot 6e obUpted ro sell, nar Bnrer obiipred ro p adase. at a Iaoa due. dist pottiaa' tbe 600ds tLat Sdkr is able to ddiva a Bnyet is uoabk to iecei i a use dae to ae tanse. No oods ae to be ttade ed bp Selkr aAer the e i ation of the tams ed'm dus Aurfi se ONa rillMout canunt afBa}tr
We1RR,,tIV7' Y. SeUa aa ats that aU a ticks nd savic s coti aed bp th s Pm hase Oida aill toa locn to drawmp, spaadcanoas. or smtpfes. aa nn be macLmtaute wa of gooa maten. l, de aa wad ship. 5¢e eu aef, ana autabk co the me im edea. 1II aticl ea n ll be abject ta Huyer' u spe qom aod zejeedon at tbe plaa oideli: ry Ddecase articln maq 6e tenancd Io drc Shca tot epieced a+itho[ acmal '
d e Shca' s usl• aod t pad e. mcipdta r mnspa tatiaa cL upes bah w ys, bm rw de6ectire itt ela htl1 be iepl cemm° ida a ned bY d e Bny' er.

11. ASSI( iH'MEM- Neit r patt} sL ll ssi t or baasfa this Pu rl ase ONv wrthaat tL wmtm caa saqt ofd e otha.

12. Lr'DE Tfi. SELLER n'dRR4N' t5 7A iT GOODS FLR ZSaED LFNDER THIS PURCS. 15E ORDER Dd NOi Lti'FiR1.tiGE IIrT PA1 T. TR ID£ 11[. iW. QA IR1DE v,#. OR CO i'RIG AND 1GxEES TO II' DEE L' gl 1rTD S 1' E HARIII. ESS BL l'ER OR IiS' Eh'DEES FRO' i: 4 t1 1PiD ALL Q..[ S. SL IiS, LL 1BII. tIgS. D. Uf 1GES. LOSSES. OR E E' SES II1CtiRRF.D HI BI3I'ER OR IIS' TDEES$ 1 RE. SOr OF 1?ILLEGED 111TRCVGE. I T OF lll ilSt A RIGArS.
313
DocuSign Ernrelope ID: 7C7323ES- 3DEC D8GAD78- AE8290C04F4A PAGE 3 OF 3
SELLER SH LL 11'DF 1 : 11' D HOU1 HAR Q.ESS BL3I' ER iDiD IIS lGEIttTS ll' D E LOZ' FE5 FRO] t .

G.+III`ST 11I.L CLIDCS. D. 1GE5, LOSSES h'D Ea? TSE5. 11 CL TDING 1TOR11' Ei" S FEES. ALSIl G OVI OF OR RESULTII iG FROA[ PERFOR11i. 11 iCE flF THE 1 ORS C?IUSID BI?1N1 r'EGLTGENi? lCT OR O' IISSIO OF SELLER. i71 SLiBCOYlR CTOR, OR iN1IOh'E FOR n'HOSE CTS AI 1 OF THE] t li.lBE F.L BLE. L• C.15E OF CO tCLrRRII G F?l[JLT. E. CS P. R1T SH. 1LL HE. R ITS SS RE OF T' LOSS. 13 HUYER`S PROPER7Y Mppeopeeg ofBu} et ta 5dla`s sctiv: or cansnueotiY possessi a castodp Laemdet all be at Shca s nsL•. a d Selfa a aea w ceiaabuc e, a 6or ws loss or ibn meh pm pan r howc er eaused ld CO F'1lANCE R"ITI{ APFLbCAHI. E IAWS AND REG4JLATIONS. By aeceptmce haeo Sella W+ ts:
a) d t! 1+ ods m sehwdiie, ad mateti ls ddi eied acd: avu n n deed hae der w l Ls e beea p daced aad provyded m complimee a th aII e o omts od du Fm Lbar Sand Ac1 of 1938, a ammded. md N) dut all oods. matai#Es, ud cquopmeat ddivetcd Lereoa des shdl eamopl3 w th the sppticabk& desal staada: ds Prsc nbed bq the pccapahosal Safie y
aad F& Act of 19?D, ac ai d
c) ebat Shcc w!! ca ptg mth all pplicabk 111. tnla ad nlat ons of fedaal. s and loc l pd tamaes. draeo£ mel dioa bat aa 4meted ro E: e vti tO dar 11246. 11' 101. ad sectioa 303 of Pnblie Ltr 93- 11, lbe& abalitahom Aet of 1973. tbe pzovuiom of The Musie tts ad Distb iha Act Trmsimt Employa LR SS? 30 R S. Mo. d seq. and Fscaave U ea playmeat Isa( S c 290.550 ee seq RS. Mo.) wbie3 ace 6aeb iarapmaoed by el mce, mkss ehis lmrhose Onkr is a
pt p
q ta sud zetutit ONe s. or Aets imd tbe ze uletions umed thaamd:
15 WORSER S COMPENSAIION. EMPI. OYEtt' S I.I ISIIIIY. A1 D GFNERa4i,. LL18II. ILY a4'hm wa is pesfarmesi oa Ba}er' s ptrmisa.. ie]le apees to casy at Sdier' i oam apaa t.
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Guate#: 008130
Version: 1 Updated: 05/30/2023 Expiration Date: 06/ 30/ 2023 Prepared by: Prepared for: Ship To:

Solid Networks City af Lathrop CEty of Lathrop
Mar1c Ricci 3 Towne Gentre Drive 390 Towr e Centre Drive

1. 209. 338. 1424 Lathrop, CA 95330 Lafhrop, CA 95330
Mark. Ricci SalidNetworks. com Tony Femandes Tony Femendes 209) 941- 72Q0 209) 941- 7200
tfemandesQcE. lathrop. ca. us tfemandes d.lathrop.ca.us Quote Summary
ESXi Seroer Cluster Upgrades 30,855. 00
HPE Alletra fia30 23T6 NVMB Flash SAN 82,895.00
Subtotal: s113 750. 40
Es mated Ta s6 835. 19
Total: 120 585. 19
Due to the global pandemic, the supply chain for IT products has been severely canstrained. Please note that vendors are not allowing for cancellatlons on orders, even when the delivery dme is severely impacted. We appreciate you patience as we navigate lhese arcumslances.

All work performed is bound by the terms and conditions set forth in our cu ent Master Services Agreemen Taxes, shipping, handling and oiher fees may apply. We reserve the right lo cancel oMers arising from pricing ar other errors.

Solid Networfcs City of Lathrop
Signature: Signature:

Name: Maric Ricci Name: Tony Femandes
Ttle: Account Manager Title: Information Technobgies Manager Date: Date:
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Clbnt wishea to putchase equipmant from SNl w?dth will be held, staged, or conbgurod et a IocaHon other than tha dient premises.

Tha paNes tharafo e antet inW this aq ement, on Ihe foEowk g terma and condidans:

A. Provisions Releted to Equipmenl Putihesea.

1. Tranafe r Title
Ap equipment purcNsaed by Gfent hereunde shall be deemad to hsva been daRvered end tltle ahall banafer to Client when recelved at the aftsite bcadon. The offst0a IoceUon may ba sn ot(ioe IocaGon of CNanl or a staying tacAity es indk ted M the SHIP-TO IocaNa of the agreemenl

2. Invddng
Clknt msy ba invoiced for tl e equipmant upon delivery to the oBa3Ee locetion. 319
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Quote # Q08130
Version vl
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Lathrop PD ESXi Cluster Upgrades ( Materials}
Quote#: 008130
Versbrt: 1 Updeted: Q513012023 ExpiraGon Date: O6/ 30/ 2023 Prepared by: Prepared for. Ship To:

Solid Networks City of Lathrop City of Lathrop
Mark Ricci 390 Tawne Centre Drive 390 Towne Centre Drive

1. 209. 336. 1424 Lathrop, CA 95330 Laihrop, CA 95330
Mark. Rica SolidNetworks. com Tony Femandes Tony Femandes 209) 941- 7200 209) 941- 7200
tfemandes( c[.lathrop. ca.us ttemandesQa. lathrop. ca. us Quote Summary
ESXi Seroer Cluater Upgrades 330, 855A0
HPE Alletra fi030 23TB NVMe Flash SAN 82,895. Oa
ubtotal: s113 750.Q0
Es mated Tax: 835. 19
Total: s120, 585. 19
Due to the gbbal pandemic, the supply chain for 1T products has been severely constrained. Please note that vendor are not allowing for cancellatlons on oMers, even when the delivery time is severely fmpacted. We appreciate your patience as we navigate these circumstances.

All wark pe fonned is bound by the terms and conditions set forth in our curt ent Master ServicesAgreemen Taxes, shEpping, handling and other fees may apply. We resetve the right to cancel orders arising fram pricing ar ather errors.

Solid Networks City of Lathrop
Signature: Signature:

Nama: Maric Ricci Name: Tony Femandes
TGe: Acoount Manager Tide; Information Technologies Manager Date: Qate:
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The partiea ihere( ote anter into fhis apreament. on the following terms and eon tiais:

A. Prwiisions Rslsled to Equipment Purchases.

1. Transfer of TiUe
An equiprrient pu chaaed by cuent hereunda she be deemea to have been de werad and litle shaN tranaler to Gisnt when neoahred at the oflalie locatlon. The oKalte bcstion may be an oMke bc tian of Client or a afapinp isdUty as& dica4ed In the SHIP-TO Iocallon o1 the agreemsnt.

2. Irnddny
CUent may be Invoiced tor the equipment upai delivery the oflsiia loCaation. 324
YTEM 4. 1

CITY MANAGER' S REPORT
ULY 10, 2023 CITY COUNCIL REGULAR MEETING
ITEM: ACCEPT INTERSECTION IMPROVEMENTS
ASSOCIATED WITH THE SIA FOR PM 19- 03 FROM
LATHROP GATEWAY 1, LLC, LOCATED AT THE

INTERSECTION OF MCKINLEY AVENUE AND

YOSEMITE AVENUE
RECOMMENDATION: Adopt Resolution Accepting Intersection Improvements Associated with the Subdivision
Improvement Agreement for Parcel Map 19- 03 from
Lathrop Gateway i, LLC, Located at the Intersection
of McKinley Avenue and Yosemite Avenue
SUMMARY:

Lathrop Gateway 1, LLC, ( Phelan) the developer for Lathrop Gateway Business Park, has completed the construction of the intersection of Yosemite Avenue and McKinley Avenue, in accordance with their Subdivision Improvement Agreement ( SIA) for Parcel Map 19- 03 ( PM 19- 03).

These improvements have been inspected by staff and deemed complete to City specifications by the City Engineer. Phelan provided a one- year warranty bond based on 10% of the completed improvement cost and lien releases for the improvements.

A vicinity map for the intersection is included as Attachment " B".

Staff recommends City Council accept the intersection improvements from Phelan.

BACKGROUND:

On February 11, 2015, the City of Lathrop Planning Commission adopted Resolution No. 15- 03 to approve the Vesting Tentative Parcel Map for the Lathrop Gateway Business Park ( VTM- 13- 69) with Conditions of Approval for development consistent with the Lathrop Gateway Specific Plan.

On December 20, 2018, the City of Lathrop Planning Commission approved a Minor Specific Plan Amendment No. SPA- 18- 71 and Site Plan Review No. SPR- 18- 40 to construct ten ( 10) tilt- up buildings totaling approximately 3, 035, 000 square feet of speculative industrial warehouse space within three phases of development.

On January 24, 2018, the City of Lathrop Planning Commission approved Time Extension No. TE- 18- 01 for the Lathrop Gateway Business Park Vesting Tentative Parcel Map ( VTM- 13- 69) by Resolution No. 18- 1, which extended the life of the map to February 11, 2020. Pursuant to California Government Code Section 66452. 6, the expiration is extended by 36 months because the subdivider is required to expend 236, 790 or more to construct, improve, or finance the construction or public improvements outside the property boundaries of the tentative map. 325
CITY MANAGER' S REPORT PAGE 2
ULY 10, 2023 CITY COUNCIL REGULAR MEETING
ACCEPT INTERSECTION IMPROVEMENTS ASSOCIATED WITH SIA FOR PM 19- 03 FROM LATHROP GATEWAY 1, LLC, LOCATED AT THE INTERSECTION OF

MCKINLEY AVENUE AND YOSEMITE AVENUE
In March 2021, City Council approved Parcel Map 19- 03, establishing Phase 1 of Lathrop Gateway Business Park. As required by the City' s subdivision Ordinance, the approved parcel map included an SIA to guarantee the construction of the intersection improvements associated with the final map. Phelan has completed the intersection improvements associated with the SIA for Parcel Map 19- 03. Completion of the intersection improvements listed in the GASB 34 Report fulfills the associated obligations of the SIA. The bond values and numbers are detailed in Table 1 below.

Staff requests Council accept the intersection improvements and approve the release of the Performance and Labor & Materials Bonds and their replacement with the oneyear warranty bond.

Table 1 - Bond Details
Performance Bond Labor & Materials Bond Warranty Bond
Number/ Value Number/ Value Number/ Value
0136871 / $ 533, 291 0136871 / $ 266, 646 0136871- M / $ 41, 892. 40 REASON FOR RECOMMENDATION:

Staff has inspected the improvements listed in the GASB 34 Report and confirmed that the improvements have been completed in accordance with City specifications and deemed complete by the City Engineer. Phelan has submitted lien releases for the improvements being accepted. Staff has received the one- year warranty bond and as- built drawings for said improvements. Staff recommends Council accept the improvements.

FISCAL IMPACT:

The approximate value of the improvements proposed to accept is $ 418, 924 as shown in the project GASB 34 Report and the costs to maintain these facilities will be covered through the Gateway Business Park City Services Capital Facilities District 2021- 1.

The one- year warranty bond covers any repairs or replacements that become necessary during the one- year period, beginning with the effective date of this acceptance, due to defective materials or workmanship in connection with the completed improvements.
326
CITY MANAGER' S REPORT PAGE 3
JULY 10, 2023 CITY COUNCIL REGULAR MEETING
ACCEPT INTERSECTION IMPROVEMENTS ASSOCIATED WITH SIA FOR PM 19- 03 FROM LATHROP GATEWAY 1, LLC, LOCATED AT THE INTERSECTION OF

MCKINLEY AVENUE AND YOSEMITE AVENUE
ATTACHMENTS:

A. Resolution Accepting Intersection Improvements Associated with the Subdivision Improvement Agreement for Parcel Map 19- 03 from Lathrop Gateway 1, LLC, Located at the Intersection of McKinley Avenue and Yosemite Avenue
B. Vicinity Map
C. GASB 34 Report - Intersection of McKinley Avenue and Yosemite Avenue 327
CITY MANAGER' S REPORT PAGE 4
7ULY 10, 2023 CITY COUNCIL REGULAR MEETING
ACCEPT INTERSECTION IMPROVEMENTS ASSOCIATED WITH SIA FOR PM 19- 03 FROM LATHROP GATEWAY 1, LLC, LOCATED AT THE INTERSECTION OF

MCKINLEY AVENUE AND YOSEMITE AVENUE
APPROVALS:
2 ._ 23
Bellal Nabizadah Date
Assistant Engineer
l ' 2g - D?
Ken Reed Date
Senior Construction Manager
6/ zs/
Brad ylor Date
City Engineer

1. Zv23
Cari James Date
Finance Director
C— 2 • Zo Z3
Michael King Date
Assistant City Manager
6=zs • z 3
Salvador Navarrete Date
City Attorney
7•t• 23
St en J. Salvatore Date
City Manager
328
RESOLUTION NO. 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP ACCEPTING

INTERSECTION IMPROVEMENTS ASSOCIATED WITH THE SUBDIVISION IMPROVEMENT AGREEMENT FOR PARCEL MAP 19- 03 FROM LATHROP GATEWAY 1, LLC, LOCATED AT THE INTERSECTION OF MCKINLEY AVENUE

AND YOSEMITE AVENUE
WHEREAS, on February 11, 2015, the City of Lathrop Planning Commission adopted Resolution No. 15- 03 to approve the Vesting Tentative Parcel Map for the Lathrop Gateway Business Park ( VTM- 13- 69) with Conditions of Approval for development consistent with the Lathrop Gateway Specific Plan; and WHEREAS, on December 20, 2018, the City of Lathrop Planning Commission approved a Minor Specific Plan Amendment No. SPA- 18- 71 and Site Plan Review No.

SPR- 18- 40 to construct ten ( 10) tilt-up buildings totaling approximately 3, 035, 000 square feet of speculative industrial warehouse space within three phases of development; and
WHEREAS, on January 24, 2018, the City of Lathrop Planning Commission approved Time Extension No. TE- 18- 01 for the Lathrop Gateway Business Park Vesting Tentative Parcel Map ( VTM- 13- 69) by Resolution No. 18- 1, which extended the life of the map to February 11, 2020. Pursuant to Government Code 66452. 6, the expiration is extended by 36 months because the subdivider is required to expend 236, 790 or more to construct, improve, or finance the construction or public improvements outside the property boundaries of the tentative map; and WHEREAS, on March 2021, City Council approved Parcel Map 19- 03, establishing Phase 1 of Lathrop Gateway Business Park. As required by the City' s subdivision Ordinance, the approved parcel map included a Subdivision Improvement Agreement ( SIA) to guarantee the construction of the intersection improvements associated with the final map; and
WHEREAS, Lathrop Gateway 1, LLC ( Phelan), has completed the improvements associated with the SIA for Parcel Map 19- 03. Completion of the intersection improvements listed in the GASB 34 Report ( Attachment C of the City Manger' s Report) fulfills the associated obligations of the SIA; and WHEREAS, the bond values and numbers are detailed in Table 1 below. Staff requests Council accept the intersection improvements and approve the release of the Performance and Labor & Materials Bonds and their replacement with the oneyear warranty bond; and 329
Table 1 — Bond Details
Performance Bond Labor & Materials Bond Warranty Bond
Number/ Value Number/ Value Number/ Value
0136871 / $ 533, 291 0136871 / $ Z66, 646 0136871- M / $ 41, 892. 40 WHEREAS, these improvements have been inspected by staff and deemed complete by the City Engineer and confirmed that the improvements have been completed in accordance with City specifications; and
WHEREAS, Phelan has submitted lien releases for the improvements proposed to be accepted. Staff has received the one- year warranty bonds and as- built drawings for said improvements; and
WHEREAS, staff recommends Council accept the intersection improvements from Phelan; and
WHEREAS, the City' s maintenance costs will increase because of the additional improvements that have to be maintained. The City' s Service Maintenance CFD 2021- 1 has been established to help fund City maintenance and operating costs.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby accept the intersection improvements for Phase 1 of the Gateway Development and authorizes the release of the Performance Bond and the Labor & Materials Bond associated with the SIA for Parcel Map 19- 03. 330
The foregoing resolution was passed and adopted this lOth day of July 2023, by the following vote of the City Council, to wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:

Teresa Vargas Salvador Navarrete
City Clerk City Attorney
331

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3428 Brookside Road , Stockton , California 95219 o JOB NO. 17208 209- 943- 2021 www. sie ( ricden . com Fx: 209- 942- 0214 OF; 1 332

ATTACHMENT
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CR'Y OF LATHROP

PROJECT ACCEPTANCE
GASB 34 REPORT)
Date: 07/ 03/ 2023
Submitted by: Phelan Haugen Development Company
Lathrop Gateway Phase 1- Offsite Improvements McKinley and Yosemite Signal Based on Improvement and Grading Plans prepared by Siegfried Engineering

REM UNIT QUANT TY UNR COST AMOUNT

SRE PAVING
1 ASPHALTPAVEMENT- YOSEMITEAVENUE( 7. 5" AC/ 78" AB)( TI= 11) SF 5, 301 15. 50 82, 166 2 ASPHALT PAVEMENT- YOSEMITE AVENUE( 17. 5" DEEPLIFT) SF 2, 037 13. 50 27, 418 3 6" AC DIKE LF 520 2. 00 1, 040
4 SIGN EA 1 7, 000. 00 1, 000
5 STRIPING( EXCLUDING RED PAINTED CURB) LS LUMP SUM 10, 000. 00 10,000 SRE PAVING SUBTOTAL 5121, 624

STORM DRAIN SYSTEM
6 15" STORM DRAIN- MCKINLEY ( RCP) LF 180 85. 00 75, 300 DRAIN INLETS EA 2 3, 500. 00 7, 000
STORM DRAIN SYSTEM SUBTOTAL 22, 300

TRAFFIC SIGNAL
8 TRAFFIC SIGNAL MODIFICATIONS LS LUMP SUM 275, 000. 00 275, 000 TRAFFIC SIGNAL SUBTOTAL 5275, 000
GRAND TOTAL 5418, 924

Prepared by Siegfried 17208333Offsite Estimate- GASB 34 Report Phase 1 McKinley and Yosemite Only Ver 2 334
ITEM 4. 13

CITY MANAGER' S REPORT
JULY 10, 2023 CITY COUNCIL REGULAR MEETING
ITEM: ACCEPT STREET LANDSCAPE IMPROVEMENTS

LOCATED ON BARBARA TERRY BLVD AND STANFORD

CROSSING FROM LATHROP LAND ACQUISITION LLC
RECOMMENDATION: Adopt Resolution Accepting Street Landscape Improvements on Barbara Terry Boulevard and
Stanford Crossing Related to Encroachment Permit
Number 2022- 16 from Lathrop Land Acquisition LLC
SUMMARY:

Lathrop Land Acquisition, LLC ( Saybrook), the developer for the Central Lathrop Specific Plan ( CLSP), has completed the construction of the street landscape improvements associated with the backbone improvements on Barbara Terry Boulevard and Stanford Crossing pursuant to Section 91 of the Conditions of Approval COA' s) for Tract 3533 and Encroachment Permit No. 2022- 16 ( EP 22- 16). The approximate value of the improvements proposed to be accepted is $ 159, 512. 30, as shown in the GASB 34 Report, included in Attachment" C". These improvements were inspected by staff and deemed complete by the City Engineer. The developer provided a one- year warranty bond based on 10% of the construction costs, as well as lien releases for the improvements being accepted. A Vicinity Map is included in Attachment " B".

Staff recommends City Council accept the street landscape improvements in accordance with City specifications.

BACKGROUND:

On October 5, 2006, the City approved a Vesting Tentative Map ( VTM) for Tract 3533 to create 62 parcels on 960 acres of land. The location of the improvements are the frontage of Lot 4 of Tract 3533.

The construction of landscape improvements is a requirement of the COA' s for Tract 3533, and the work was completed under EP 22- 16.

Saybrook provided a performance bond for EP 22- 16 ( PB01987300008) in the amount of $ 2, 645, 786. 76 and the Labor and Materials Bond ( PB01987300008) in the amount of $ 1, 322, 893. 38 to guarantee the construction of the street landscaping at Barbara Terry Boulevard and Stanford Crossing. Upon acceptance of improvements by Council, these bonds will be released.

Saybrook has provided a one- year warranty bond based on 10% of the construction cost, as well as a developer lien release and a lien release from the contractor, which is detailed in Table 1 below. Staff recommends City Council accept the public improvements listed in the GASB 34 Report.
335
CITY MANAGER' S REPORT PAGE 2
ULY 10, 2023 CITY COUNCIL REGULAR MEETING

ACCEPT STREET LANDSCAPE IMPROVEMENTS LOCATED ON BARBARA TERRY

BLVD AND STANFORD CROSSING FROM LATHROP LAND ACQUISITION LLC REASON FOR RECOMMENDATION:

Staff has inspected the improvements listed in the GASB 34 Report and the City Engineer confirmed that the improvements were completed in accordance with City specifications. Saybrook has submitted lien releases for the improvements being accepted. Staff has received the one- year warranty bond and as- built drawings for said improvements. Staff recommends Council accept the improvements.

FISCAL IMPACT:

The one- year warranty bond covers any repairs or replacements that become necessary during the one- year period, beginning with this acceptance, due to defective materials or workmanship in connection with the completed improvements.

The City' s Service Maintenance CFD 2019- 02 has been established to help fund City maintenance and operating costs. The improvements listed in the GASB 34 Report detail the $ 159, 512. 30 expended, and the City' s maintenance costs will increase for the maintenance of the additional improvements.

ATTAC H M E NTS:

A. Resolution Accepting Street Landscape Improvements on Barbara Terry Boulevard and Stanford Crossing Related to Encroachment Permit Number 2022- 16 from Lathrop Land Acquisition LLC
B. Vicinity Map
C. GASB 34 Report - CLSP Barbara Terry and Stanford Crossing Landscaping 336
CITY MANAGER' S REPORT PAGE 3
JULY 10, 2023 CITY COUNCIL REGULAR MEETING

ACCEPT STREET LANDSCAPE IMPROVEMENTS LOCATED ON BARBARA TERRY

BLVD AND STANFORD CROSSING FROM LATHROP LAND ACQUISITION LLC APPROVALS:
2 - 2
B Ilal Nabizadah Date
Assistant Engineer
25 -23
Ken Reed Date
Senior Construction Manager
b / 2 g Zoz3
Brad aylor Date
City Engineer
p' c t C.. Co Sd/ LbZ3
Cari James Date
Finance Director
r, 6 2g Zo 23
Mich King Date
Assistant City Manager
V Z
Salvador Navarrete Date
City Attorney
S•Z3
Step en J. Salvatore Date
City Manager
337
RESOLUTION NO. 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP ACCEPTING

STREET LANDSCAPE IMPROVEMENTS ON BARBARA TERRY BOULEVARD AND STANFORD CROSSING RELATED TO ENCROACHMENT PERMIT NUMBER 2022- 16 FROM LATHROP LAND ACQUISITION LLC
WHEREAS, on October 5, 2006, the City approved a Vesting Tentative Map VTM) for Tract 3533 to create 62 parcels on 960 acres of land. The location of the improvements are the frontage of Lot 4 of Tract 3533; and WHEREAS, the construction of landscape improvements is a requirement of the Conditions of Approval ( COA' s) for Tract 3533, and the work was completed under EP 22- 16; and
WHEREAS, Lathrop Land Acquisition, LLC ( Saybrook), provided a performance bond for EP 22- 16 ( PB01987300008) in the amount of $ 2, 645, 786. 76 and the Labor and Materials Bond ( PB01987300008) in the amount of $ 1, 322, 893. 38 to guarantee the construction of the street landscaping at Barbara Terry Boulevard and Stanford Crossing. Upon acceptance of improvements by Council, these bonds will be released; and
WHEREAS, Saybrook has provided a one- year warranty bond based on 10% of the completed improvements construction cost. Bond values and descriptions are detailed in Table 1 below; and
Table 1
Contractor Scope of Work Bond Number Bond Value
Odyssey Environmental Landscaping CAC722703 15, 951. 23 Services, Inc.

WHEREAS, staff has inspected the improvements listed in the GASB 34 Report and the City Engineer confirmed that the improvements were completed in accordance with City specifications; and
WHEREAS, Saybrook has submitted lien releases for the improvements being accepted. Staff request Council accept the improvements; and WHEREAS, the City' s maintenance costs will increase because of the additional improvements that have to be maintained. The City' s Service Maintenance CFD 2019- 02 has been established to help fund City maintenance and operating costs; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby accept the street landscape improvements on Barbara Terry Boulevard and Stanford Crossing related to Encroachment Permit Number 2022- 16 from Lathrop Land Acquisition LLC.
338
The foregoing resolution was passed and adopted this 10th day of July 2023, by the following vote of the City Council, to wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:

S
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 339
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ITEM 4. 14

CITY MANAGER' S REPORT
7ULY 10, 2023 CITY COUNCIL REGULAR MEETING
ITEM: ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY
MARINA LANDSCAPE, INC. FOR APOLINAR
SANGALANG PARK IMPROVEMENTS, CIP PK 20- 18
RECOMMENDATION: Adopt Resolution Accepting Public Improvements Constructed by Marina Landscape, Inc. for Apolinar
Sangalang Park Improvements, CIP PK 20- 18,
Authorizing the Filing of a Notice of Completion,
Release of Contract Retention, and Release of
Performance and Payment Bonds
SUMMARY:

Marina Landscape, Inc. ( Marina) has completed the construction of the Apolinar Sangalang Park Improvements, Capital Improvement Project ( CIP) PK 20- 18 _ Project). Staff inspected the improvements and they have been deemed complete and in accordance with the approved plans and specifications by the City Engineer.

Marina has submitted lien releases confirming all sub- contractors and suppliers have been paid in full and provided a one- year warranty bond ( based on 10% of the construction contract) for the improvements to be accepted.

Staff requests City Council accept the completed improvements constructed by Marina for the Project. Staff also requests City Council authorize the filing of a Notice of Completion with the San Joaquin County Clerk, the release of contract retention to Marina of $ 112, 964. 43 within forty- five ( 45) days after recording the Notice of Completion, and the release of performance and payment bonds.

BACKGROUND:

On June 14, 2021, City Council awarded a construction contract to Marina for the construction of the Project. The Project scope included installation of a modular restroom, two ( 2) tennis courts, water play splash pad, playground equipment with rubberized surfacing, exterior furniture, and signage.

During construction, contract change orders were issued for a final contract amount of $ 2, 259, 229. 75. The Project' s costs referenced below capture all construction expenditures.
343
CITY MANAGER' S REPORT PAGE 2
JULY 10, 2023 CITY COUNCIL REGULAR MEETING

ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY MARINA LANDSCAPE, INC. FOR APOLINAR SANGALANG PARK IMPROVEMENTS, CIP PK 20- 18 Construction costs are as follows:

A. Construction Contract 2, 147, 443. 00
B. Contract Change Orders 111, 786. 75
Total Construction Contract Costs 2, 259, 229. 75
Upon acceptance of the improvements, the performance bond ( Bond No. 0239070, 2, 147, 443) and payment bond ( Bond No. 0239070, $ 2, 147, 443) will be released and replaced with a one- year warranty bond ( Bond No. 0239070- M, $ 225, 928. 86).

The one- year warranty bond covers any repairs or replacements that may become necessary during the one- year period beginning with this acceptance due to any defective materials or workmanship in connection with the completed improvements.

Marina has also provided the necessary lien releases for the materials supplied and completed work.

Staff requests City Council accept the improvements constructed by Marina for the Apolinar Sangalang Park Improvements, CIP PK 20- 18. Staff also requests City Council authorize the filing of a Notice of Completion with the San Joaquin County Clerk, the release of contract retention to Marina for $ 112, 964. 43 within forty- five 45) days after the recording of the Notice of Completion, and the release of performance and payment bonds.

REASON FOR RECOMMENDATION:

Marina has completed the project pursuant to the contract documents dated June 12, 2021. Staff inspected the improvements and they have been deemed complete and in accordance with the approved plans and specifications by the City Engineer.

Marina has submitted a one- year warranty bond for the improvements to be accepted based on 10% of the construction contract) and lien releases confirming all subcontractors and suppliers have been paid in full. The warranty bond covers any repairs or replacements that become necessary during the one- year period, beginning with this acceptance, due to defective materials or workmanship in connection with the completed improvements.

The performance bond and payment bond will be released and replaced with the oneyear warranty bond ( based on 10% of the contract price) upon City Council' s acceptance of the improvements.

FISCAL IMPACT:

The final construction contract amount with Marina for the Project is for 2, 259, 229. 75.
344
CITY MANAGER' S REPORT PAGE 3
ULY 10, 2023 CITY COUNCIL REGULAR MEETING

ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY MARINA LANDSCAPE, INC. FOR APOLINAR SANGALANG PARK IMPROVEMENTS, CIP PK 20- 18 Adequate funds have been allocated in the FY 2022/ 23 budget to close out the project. With the completion of the Project, staff requests that unused funds be transferred back into the Measure C Fund ( 1060).

ATTAC H M E NTS:

A. Resolution Accepting Public Improvements Constructed by Marina Landscape, Inc. for the Apolinar Sangalang Park Improvements, Capital Improvement Project PK 20- 18, Authorizing the Filing of a Notice of Completion, Release of Contract Retention, and Release of Performance and Payment Bonds B. Notice of Completion - Apolinar Sangalang Park Improvements, Capital Improvement Project PK 20- 18
345
CITY MANAGER' S REPORT PAGE 4
JULY 10, 2023 CITY COUNCIL REGULAR MEETING

ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY MARINA LANDSCAPE, INC. FOR APOLINAR SANGALANG PARK IMPROVEMENTS, CIP PK 20- 18 APPROVALS:
c.- Rc. l X' A 1{, Z 3
Steven Hollenbeak Date
Assistant Engineer
1,Q 1r- o - ly- Zc Z 3
Ken Reed Date
Senior Construction Manager
6' 201.3
Brad aylor Date
City Engineer
a
Cari a es Date
Finance Gire tor
co S Zo Z3
Michael King Date
Assistant City Manager
jS Z
Salvador Navarrete Date
City Attorney
7•Z 3
Ste n J. Salvatore Date
City Manager
346
RESOLUTION NO. 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP ACCEPTING PUBLIC IMPROVEMENTS CONSTRUCTED BY MARINA LANDSCAPE, INC. FOR THE APOLINAR SANGALANG PARK IMPROVEMENTS, CIP PK 20- 18,

AUTHORIZING THE FILING OF A NOTICE OF COMPLETION, RELEASE OF

CONTRACT RETENTION, AND RELEASE OF PERFORMANCE AND PAYMENT BONDS
WHEREAS, on ) une 14, 2021, City Council awarded a construction contract to Marina Landscape, Inc. ( Marina) for the construction of the Apolinar Sangalang Park Improvements, CIP PK 20- 18 ( Project) in the amount of $ 2, 147, 443, and a 10% construction contingency of $ 214, 744 was authorized for staff to use as necessary to achieve the goals of the Project; and
WHEREAS, the scope of work consisted of installing a modular restroom, two tennis courts, water play splash pad, playground equipment with rubberized surfacing and associated landscape improvements; and
WHEREAS, Marina has successfully completed the Project at a total cost of 2, 259, 229. 75; and
WHEREAS, staff inspected the improvements and the City Engineer deemed the improvements complete and in accordance with the approved plans and specifications; and
WHEREAS, Marina has provided the necessary lien releases for the materials supplied and completed work and a one- year warranty bond ( based on 10% of total project cost) for the improvements being accepted; and
WHEREAS, the performance bond ( Bond No. 0239070, $ 2, 147, 443) and payment bond ( Bond No. 0239070, $ 2, 147, 443) will be released and replaced with a one- year warranty bond ( Bond No. 0239070- M, $ 225, 928. 86) upon City Council' s acceptance of the improvements; and
WHEREAS, the one- year warranty bond covers any repairs or replacements that may become necessary during the one- year period beginning with this acceptance, due to defective materials or workmanship in connection with the completed improvements; and
WHEREAS, staff requests City Council accept the public improvements constructed by Marina for the Apolinar Sangalang Park Improvements, CIP PK 20- 18; and
WHEREAS, staff also requests City Council authorize the filing of a Notice of Completion with the San Joaquin County Clerk, the release of contract retention to Marina, in the amount of $ 112, 964. 43, within forty- five ( 45) days after the recording of the Notice of Completion, and the release of performance and payment bonds. 347
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby accept the completed public improvements constructed by Marina Landscape, Inc. for the Apolinar Sangalang Park Improvements, CIP PK 20- 18, pursuant to the contract documents dated June 14, 2021; and BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop authorizes the filing of the Notice of Completion with the San Joaquin County Clerk and the release of the contract retention to Marina, in the amount of $ 112, 964. 43, within forty- five ( 45) days after the recording of the Notice of Completion, and authorizes the release of the performance and payment bonds; and BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop approves the unused funds be transferred back into the Measure C Fund ( 1060). 348
The foregoing resolution was passed and adopted this lOth day of July, 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 349

ATTACHMENT

RECORDING REQUESTED BY, AND
WHEN RECORDED MAIL TO:

CITY OF LATHROP
ATTN: CITY CLERK
390 TOWNE CENTRE DRIVE
LATHROP, CA 95330
Exempt from payment ofrecording fees( GC 11922)

SPACE ABOVE THIS LINE FOR RECORDER' S USE

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN:
l. That the interest or estate stated in paragraph 3 herein in the real property herein described is owned by:

NAME STREET AND NO. CITY STATE
City of Lathrop 390 Towne Centre Drive Lathrop CA 95330 If more than one owner of the interest stated, the name and address of each must be stated)

2. That the full name and address of the owner of said interest or estate, if there is only one owner, and that the full names and addresses of all the co- owners who own said interest or estate as tenants in common, as joint tenants, or otherwise, if there is more than one owner, are set farth in the preceding paragraph.

3. That the nature of title or the stated owner, or if more than one owner, then of the stated owner and co- owners is:

Marina Landscape, Inc.

4. That on the lOth day of July, 2023 a work of improvement on the real property herein described was completed.

5. That the name of the original contractor, if any, for said work of improvement was: Marina Landscape, Inc

6. That the name and address of the transferor is:

NAME STREET AND NO. CITY STATE
Marina Landscape, Inc. 3707 W. Garden Grove Ave. Oran e CA 92868

7. That the real property herein referred to is situated in the Citv of Lathrop County of San Joaquin, State of California, and is described as follows:

CIP PK 20- 18 Apolinar San
lanQ Park Improvements: 13470 Slate Street Lathrop, CA 95330

CITY OF LATHROP
By:

Stephen J. Salvatore, City Manager Date
That the undersigned has knowledge ofthe contents herein and states under penalty of perjury that the foregoing is true and correct.

By:

Teresa Vargas, City Clerk Date
350

CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the NOTICE OF COMPLETION dated July 10, 2023 by Marina Landscape, Inc. to the City of Lathrop, a political corporation and/ or governmental agency, is hereby accepted by the undersigned officer or agent on behalf of the City Council pursuant to authority conferred by minute action of the City Council adopted on July 10, 2023, and the grantee consents to recordation thereof by its duly authorized officer.

Dated By
Stephen J. Salvatore, City Manager
351
352
ITEM 4. 15

CITY MANAGER' S REPORT
7ULY 10, 2023 CITY COUNCIL REGULAR MEETING
ITEM: ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY
GEORGE REED, INC. FOR FISCAL YEAR 2022/ 23

CITYWIDE ROAD MAINTENANCE AND
REHABILITATION, CIP PS 22- 45 AND APPROVE

RELATED BUDGET AMENDMENT
RECOMMENDATION: Adopt Resolution Accepting Public Improvements Constructed by George Reed, Inc. for Fiscal Year
2022/ 23 Citywide Road Maintenance and
Rehabilitation, CIP PS 22- 45, Authorize the Filing of
a Notice of Completion, Release of Contract
Retention, Release of Performance and Payment
Bonds, and Approve Related Budget Amendment
SUMMARY:

On August 8, 2022, City Council awarded a construction contract to George Reed, Inc. for the construction of Fiscal Year 2022/ 23 Road Maintenance and Rehabilitation, Capital Improvement Project ( CIP) PS 22- 45 ( Project). The initial scope of work consisted of grinding and overlaying 3" of asphalt and installing new striping on Stonebridge Lane, Thomsen Road, J Street, and Prairie Dunes Drive. During construction, staff identified segments on Reverend Maurice Cotton Drive, Shilling Avenue, Avon Avenue, Suzie Q Lane, and Mingo Way were in need of repair. On October 10, 2022, City Council approved a contract change order to include those roadway segments for the same pavement rehabilitation at an additional cost of 760, 530.

After completing the asphalt overlay on Reverend Maurice Cotton Drive, Shilling Avenue, and Avon Avenue, the absence of sidewalk, curb and gutter increased the gap between the travelled roadways and the residential driveways. To prevent storm water ponding and damages to vehicles, George Reed constructed transitions at the driveways to smooth the entrance and exit of residents. This additional work resulted in a contract change order of $ 224, 625. The total construction contract with George Reed, including change orders and additional work, amounted to $ 2, 929, 014.

George Reed has completed construction of the Project. Staff has inspected the improvements which have been deemed complete and in accordance with the approved plans and specifications by the City Engineer. George Reed submitted lien releases, confirming all sub- contractors and suppliers have been paid in full, and a one- year maintenance bond ( based on 10% of the construction contract) for the improvements to be accepted.
353
CITY MANAGER' S REPORT PAGE 2
JULY 10, 2023 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY GEORGE REED, INC. FOR FISCAL YEAR 2022/ 23 ROAD MAINTENANCE AND REHABILITATION, CIP PS 22- 45 AND APPROVE RELATED BUDGET AMENDMENT
Staff requests City Council accept the improvements constructed by George Reed and approve related budget amendment transferring $ 125, 092 from the General Street Reserve Fund ( 1010) to the Streets CIP Fund ( 3310) to fund the overall construction of the Project.

Staff is also requesting City Council to authorize the filing of a Notice of Completion with the San Joaquin County Clerk, release of contract retention to George Reed in the amount of $ 145, 822 within forty- five ( 45) days after the recording of the Notice of Completion, and the release of performance and payment bonds.

BACKGROUND:

On August 8, 2022, City Council awarded a construction contract to George Reed, Inc. ( George Reed) for construction of Capital Improvement Project ( CIP) PS 22- 45 for Fiscal Year 2022/ 23 Road Maintenance and Rehabilitation ( Project). The initial scope of work consisted of removing and replacing 3" asphalt overlay and installing new striping on Stonebridge Lane, Thomsen Road, J Street and Prairie Dunes Drive.

During construction, deteriorated pavement conditions were observed in the vicinity of the Project along Reverend Maurice Cotton Drive, Shilling Avenue, Avon Avenue, Suzie Q Lane, and Mingo Way. Staff identified the need to repair and the benefit to implement the Project' s pavement rehabilitation to the additional locations inspected.

On October 10, 2022, City Council approved a contract change order in the amount of $ 910, 530 and a budget amendment for $ 760, 530 to perform the pavement rehabilitation on the identified road segments.

After completing the asphalt overlay on Reverend Maurice Cotton Drive, Shilling Avenue, and Avon Avenue, the absence of sidewalk, curb and gutter increased the gap between the travelled roadways and the residential driveways. To prevent storm water ponding and damages to vehicles, George Reed constructed transitions at the driveways to smooth the entrance and exit of residents. This additional work resulted in a contract change order of $ 224, 625.

The awarded contract was in the amount of $ 1, 793, 860 and a 15% construction contingency of $ 269, 079 was authorized for staff to use as necessary to achieve the goals of the project. The total construction budget for the Project was $ 2, 062, 939.

The construction costs referenced below capture all expenditures:

A. Construction Contract Amount 1, 793, 860
B. Approved Change Orders 1, 135, 154
Total Construction Costs 2, 929, 014
354
CITY MANAGER' S REPORT PAGE 3
JULY 10, 2023 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY GEORGE REED, INC. FOR FISCAL YEAR 2022/ 23 ROAD MAINTENANCE AND REHABILITATION, CIP PS 22- 45 AND APPROVE RELATED BUDGET AMENDMENT
Upon acceptance of the improvements, the performance and payment bonds Performance Bond No. 30167861, Payment Bond No. 30167861) will be released and replaced with a warranty bond ( Bond No. 30167861, $ 291, 643. 82). The warranty bond covers any repairs or replacements that become necessary during the one- year period, beginning with this acceptance, due to defective materials or workmanship in connection with the completed improvements. George Reed has also provided the necessary lien releases for the materials supplied and completed work.

George Reed has completed construction of the Project. Staff has inspected and the improvements have been deemed complete and in accordance with the approved plans and specifications by the City Engineer. George Reed submitted lien releases, confirming all sub- contractors and suppliers have been paid in full, and a one- year maintenance bond ( based on 10% of the construction contract) for the improvements to be accepted.

Staff requests City Council accept the improvements constructed by George Reed for the Project. Staff is also requesting City Council to authorize the filing of a Notice of Completion with the San Joaquin County Clerk, release of contract retention to George Reed in the amount of $ 145, 822 within forty- five ( 45) days after the recording of the Notice of Completion, and the release of performance and payment bonds.

StafF is also requesting a related budget amendment transferring $ 125, 092 from the General Street Reserve Fund ( 1010) to the Streets CIP Fund ( 3310) to fund the construction cost of the additional work completed.

REASON FOR RECOMMENDATION:

The Project was completed by George Reed pursuant to the contract documents dated August 8, 2022. Staff has inspected the improvements and they have been deemed complete and in accordance with the approved plans and specifications by the City Engineer.

The performance and payment bonds ( Performance Bond No. 30167861, Payment Bond No. 30167861) will be released and replaced with a one- year warranty bond Bond No. 30167861, $ 291, 643. 82) upon City Council' s acceptance of the improvements.

FISCAL IMPACT:

The final construction contract amount with George Reed for the Project is 2, 929, 014. Contract change orders increased the project's construction cost by 1, 135, 154. Staff is requesting a related budget amendment transferring $ 125, 092 from the General Street Reserve Fund ( 1010) to the Streets CIP Fund ( 3310) as follows:
355
CITY MANAGER' S REPORT PAGE 4
JULY 10, 2023 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY GEORGE REED, INC. FOR FISCAL YEAR 2022/ 23 ROAD MAINTENANCE AND REHABILITATION, CIP PS 22- 45 AND APPROVE RELATED BUDGET AMENDMENT
Decrease Street Repair Reserves
1010- 251- 03- 00 125, 092
Increase Transfer Out
1010- 9900- 990- 9010 125, 092
Increase Transfer In
3310- 9900- 393- 0000 PS 22- 45 125, 092
Increase Appropriation
3310- 8000- 420- 1200 PS 22- 45 125, 092
ATTACH M ENTS:

A. Resolution Accepting Public Improvements Constructed by George Reed, Inc. for Fiscal Year 2022/ 23 Citywide Road Maintenance and Rehabilitation, CIP PS 22- 45, Authorize the Filing of a Notice of Completion, Release of Contract Retention, Release of Performance and Payment Bonds and Approve Budget Amendment
B. Notice of Completion - Fiscal Year 2022/ 23 Road Maintenance and Rehabilitation, CIP PS 22- 45
356
CITY MANAGER' S REPORT PAGE 5
JULY 10, 2023 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY GEORGE REED, INC. FOR FISCAL YEAR 2022/ 23 ROAD MAINTENANCE AND REHABILITATION, CIP PS 22- 45 AND APPROVE RELATED BUDGET AMENDMENT
APPROVALS:

D 26 Zo23
An i' A arca Date
Assistant Engineer
Q ''. 3
Ken Reed Date
Senior Construction Manager
6 z w23
Brad aylor Date
City Engineer
o
e rt c fo Z fZo2 3
Cari James Date
Finance Director
2 6 2 2° 2
Mich I King Date
Assistant City Ma ger
Z-" ` z0 Z.

Salvador Navarrete Date
City Attorney
s.--
s' 3
Stephen J. Salvatore Date
City Manager
357
RESOLUTION NO. 23 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP ACCEPTING PUBLIC IMPROVEMENTS CONSTRUCTED BY GEORGE REED, INC.

FOR THE CITYWIDE ROAD MAINTENANCE AND REHABILITATION, CIP PS 22- 45, AUTHORIZE THE FILING OF A NOTICE OF COMPLETION, RELEASE OF

CONTRACT RETENTION, RELEASE OF PERFORMANCE AND PAYMENT BONDS

AND APPROVE RELATED BUDGET AMENDMENT
WHEREAS, On August 8, 2022, City Council awarded a construction contract to George Reed, Inc. for the construction of Fiscal Year 2022/ 23 Road Maintenance and Rehabilitation, Capital Improvement Project ( CIP) PS 22- 45 ( Project); and WHEREAS, the initial scope of work consisted of grinding and overlaying 3" of asphalt and installing new striping on Stonebridge Lane, Thomsen Road, J Street, and Prairie Dunes Drive; and
WHEREAS, during construction, staff identified segments on Reverend Maurice Cotton Drive, Shilling Avenue, Avon Avenue, Suzie Q Lane, and Mingo Way in need of repair; and
WHEREAS, on October 10, 2022, City Council approved a contract change order to include those roadway segments for the same pavement rehabilitation at an additional cost of $ 760, 530; and
WHEREAS, after completing the asphalt overlay on Reverend Maurice Cotton Drive, Shilling Avenue, and Avon Avenue, the absence of sidewalk, curb and gutter increased the gap between the travelled roadways and the residential driveways; and WHEREAS, to prevent storm water ponding and damages to vehicles, George Reed constructed transitions at the driveways to smooth the entrance and exit of residents. This additional work resulted on a contract change order of $ 224, 625; and WHEREAS, the total construction contract with George Reed, including change orders and additional work, amounted for $ 2, 929, 014; and WHEREAS, George Reed has completed the construction of the project; staff has inspected the improvements which have been deemed complete and in accordance with the approved plans and specifications by the City Engineer; and WHEREAS, George Reed has provided the necessary lien releases for the materials supplied and completed work; and
WHEREAS, George Reed has submitted a one- year warranty bond ( based on 10% of total project cost) for the improvements being accepted; and 358
WHEREAS, the performance and payment bonds ( Performance Bond No. 30167861, Payment Bond No. 30167861) will be released and replaced with a oneyear warranty bond ( Bond No. 30167861, $ 291, 643. 82) upon City Council' s acceptance of the improvements; and
WHEREAS, staff is requesting City Council accept the public improvements constructed by George Reed for the Project; and
WHEREAS, staff also requests City Council authorize the filing of a Notice of Completion with the San Joaquin County Clerk upon acceptance of the improvements and the release of the contract retention to George Reed, in the amount of $ 145, 822, within forty- five ( 45) days after the recording of the Notice of Completion and the release of the performance and payment bonds ( Bond No. 30167861); and WHEREAS, stafF is also requesting a budget amendment transferring 125, 092 from the General Street Reserve Fund ( 1010) to the Streets CIP Fund 3310) to fund the construction cost of the additional work completed.

NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby accept the public improvements constructed by George Reed for Fiscal Year 2022/ 23 Road Maintenance and Rehabilitation, CIP PS 22- 45; and BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop authorizes the filing of the Notice of Completion with the San ] oaquin County Clerk and the release of the contract retention to George Reed, in the amount of $ 145, 822 within forty- five ( 45) days after the recording of the Notice of Completion, and authorizes the release of the performance and payment bonds; and BE IT FURTHER RESOLVED, that City Council also authorizes a budget amendment transferring $ 125, 092 from the General Street Reserve Fund ( 1010) to the Streets CIP Fund ( 3310) as follows:

Decrease Street Repair Reserves
1010- 251- 03- 00 125, 092
Increase Transfer Out
1010- 9900- 990- 9010 125, 092
Increase Transfer In
3310- 9900- 393- 0000 PS 22- 45 125, 092
Increase Appropriation
3310- 8000- 420- 1200 PS 22- 45 125, 092
359
The foregoing resolution was passed and adopted this 10th day of July 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 360

ATTACHMENT

RECORDING REQUESTED BY, AND
N'~
WHEN RECORDED MAIL TO:

CITY OF LATHROP
ATTN: CITY CLERK
390 TOWNE CENTRE DRIVE
LATHROP, CA 95330
Exempt from payment of recording fees( GC 11922)

SPACE ABOVE THIS LINE FOR RECORDER' S USE

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN:

1. That the interest or estate stated in paragraph 3 herein in the real property herein described is owned by:

NAME STREET AND NO. CITY STATE
City of Lathrop 390 Towne Centre Drive Lathrop CA 95330 If more than one owner of the interest stated, the name and address of each must be stated)

2. That the full name and address of the owner of said interest or estate, if there is only one owner, and that the full names and addresses of all the co- owners who own said interest or estate as tenants in common, as joint tenants, or otherwise, if there is more than one owner, are set forth in the preceding paragraph.

3. That the nature of title or the stated owner, or if more than one owner, then of the stated owner and co- owners is:

Project No. CIP PS 22-45 Fiscal Year 2022/ 23 Road Maintenance and Rehabilitation Project bv George Reed, Inc.

4. That on the lOth day of July 2023 a work of improvement on the real property herein described was completed.

5. That the name of the original contractor, if any, tior said work of improvement was: George Reed, Inc.

6. That the name and address of the transferor is:

NAME STREET AND NO. CITY STATE
George Reed, Inc. 140 Em ire Avenue Modesto CA 95354

7. That the real property herein referred to is situated in the Citv of Lathrop County of San Joaquin, State of California, and is described as follows:

Project No. CIP PS 22- 45 Fiscal Year 2022/ 23 Road Maintenance and Rehabilitation Prolect

CITY OF LATHROP
By:

Stephen J. Salvatore, City Manager Date
That the undersigned has knowledge of the contents herein and states under penalty of perjury that the foregoing is true and correct.

By:

Teresa Vargas, City Clerk Date
361

CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the NOTICE OF COMPLETION dated July 10, 2023 by George Reed, Inc. to the City of Lathrop, a political corporation and/ or governmental agency, is hereby accepted by the undersigned officer ar agent on behalf of the City Council pursuant to authority conferred by minute action of the City Council adopted on July 10, 2023, and the grantee consents to recordation thereof by its duly authorized officer.

Dated By
Stephen J. Salvatore, City Manager
362
ITEM 4. 16

CITY MANAGER' S REPORT
JULY 10, 2023 CITY COUNCIL REGULAR MEETING
ITEM: ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY

CUSHMAN CONSTRUCTION CORPORATION FOR THE

CTF DECHLORINATION FACILITY, ASSOCIATED
WITH CIP WW 20- 17 RECYCLED WATER RIVER
DISCHARGE PR07ECT
RECOMMENDATION: Adopt Resolution Accepting Public Improvements Constructed by Cushman Construction Corporation
for the CTF Dechlorination Facility, Associated with
CIP WW 20- 17 Recycled Water River Discharge
Project, Authorizing the Filing of a Notice of
Completion, Release of Contract Retention, and
Release of Performance and Payment Bonds
SUMMARY:

Cushman Contracting Corporation ( Cushman) has completed the construction of the Consolidated Treatment Facility ( CTF) Dechlorination Facility ( Project), associated with the Recycled Water River Discharge, Capital Improvement Project ( CIP) WW 20-

17. Staff inspected the improvements and they have been deemed complete and in accordance with the approved plans and specifications by the City Engineer.

Cushman has submitted lien releases confirming all sub- contractors and suppliers have been paid in full and provided a one- year warranty bond ( based on 10% of the construction contract) for the improvements to be accepted.

Staff requests City Council accept the completed improvements by Cushman for the construction of the CTF Dechlorination Facility, related to the related to the Recycled Water River Discharge, CIP WW 20- 17. Staff also requests City Council authorize the filing of a Notice of Completion with the San Joaquin County Clerk, the release of contract retention to Cushman of$ 219, 266 within forty- five ( 45) days after recording the Notice of Completion, and the release of performance and payment bonds.

BACKGROUND:

On September 13, 2021, City Council awarded a construction contract in the amount of $ 3, 620, 000 to Cushman for the construction of the CTF Dechlorination Facility.

These improvements will remove trace chlorine from the Consolidated Treatment Facility effluent prior to discharging to the San Joaquin River in accordance with the discharge permit requirements.

During construction, contract change orders were issued for a final contract amount of $ 4, 385, 327. The Project' s costs referenced below capture all construction expenditures.
363
CITY MANAGER' S REPORT PAGE 2
JULY 10, 2023 CITY COUNCIL REGULAR MEETING

ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY CUSHMAN
CONSTRUCTION FOR THE CTF DECHLORINATION FACILITY, CIP WW 20- 17 Construction costs are as follows:

A. Construction Contract 3, 620, 000
B. Contract Change Orders 765, 327
Total Construction Contract Costs 4, 385, 327
Upon acceptance of the improvements, the performance bond ( Bond No. 107- 407- 647, $ 3, 620, 000 and payment bond ( Bond No. 107- 407- 647, $ 1, 810, 000) will be released and replaced with a one- year warranty bond ( Bond No. 107- 407- 647, 438, 532. 70). The one- year warranty bond covers any repairs or replacements that may become necessary during the one- year period beginning with this acceptance due to any defective materials or workmanship in connection with the completed improvements. Cushman has also provided the necessary lien releases for the materials supplied and completed work.

Staff requests City Council accept the completed improvements by Cushman for the construction of the CTF Dechlorination Facility, associated with the Recycled Water River Discharge, CIP WW 20- 17. Staff also requests City Council authorize the filing of a Notice of Completion with the San Joaquin County Clerk, the release of contract retention to Cushman for $ 219, 266 within forty- five ( 45) days after the recording of the Notice of Completion, and the release of performance and payment bonds.

REASON FOR RECOMMENDATION:

Cushman has completed the project pursuant to the construction contract documents. Staff inspected the improvements and they have been deemed complete and in accordance with the approved plans and specifications by the City Engineer.

Cushman has submitted a one- year warranty bond for the improvements to be accepted ( based on 10% of the construction contract) and lien releases confirming all sub- contractors and suppliers have been paid in full. The warranty bond covers any repairs or replacements that become necessary during the one- year period, beginning with this acceptance, due to defective materials or workmanship in connection with the completed improvements.

The performance bond and payment bond will be released and replaced with the oneyear warranty bond ( based on 10% of the contract price) upon City Council' s acceptance of the improvements.

FISCAL IMPACT:

The final construction contract amount with Cushman for the Project is for 4, 385, 327.
364
CITY MANAGER' S REPORT PAGE 3
JULY 10, 2023 CITY COUNCIL REGULAR MEETING

ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY CUSHMAN
CONSTRUCTION FOR THE CTF DECHLORINATION FACILITY, CIP WW 20- 17 Adequate funds have been allocated in the FY 2023/ 24 budget to close out the project. With the completion of the Project, staff requests that unused funds be transferred back into the project funding sources.

ATTACHMENTS:

A. Resolution Accepting Public Improvements Constructed by Cushman Construction Corporation for the CTF Dechlorination Facility, Associated with CIP WW 20- 17 Recycled Water River Discharge Project, Authorizing the Filing of a Notice of Completion, Release of Contract Retention, and Release of Performance and Payment Bonds
B. Notice of Completion - CTF Dechlorination Facility, Capital Improvement Project WW 20- 17
365
CITY MANAGER' S REPORT PAGE 4
JULY 10, 2023 CITY COUNCIL REGULAR MEETING

ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY CUSHMAN
CONSTRUCTION FOR THE CTF DECHLORINATION FACILITY, CIP WW 20- 17 APPROVALS:

Y
Ken Reed Date
Senior Construction Manager
6// Z3
Brad ylor Date
City Engineer
Cari Date
Financ irector
6 28/ zoz3
Mich I King Date
Assistant City Manager
6` Z- S - 2-O t
Salvador Navarrete Date
City Attorney
S•23
ephen J. Salvatore Date
City Manager
366
RESOLUTION NO. 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP ACCEPTING

PUBLIC IMPROVEMENTS CONSTRUCTED BY CUSHMAN CONSTRUCTION

CORPORATION FOR THE CTF DECHLORINATION FACILITY, ASSOCIATED WITH CIP WW 20- 17 RECYCLED WATER RIVER DISCHARGE PRO) ECT,

AUTHORIZING THE FILING OF A NOTICE OF COMPLETION, RELEASE OF

CONTRACT RETENTION, AND RELEASE OF PERFORMANCE AND PAYMENT BONDS
WHEREAS, on September 13, 2021, City Council awarded a construction contract to Cushman Contracting Corporation ( Cushman) for the construction of the Consolidated Treatment Facility ( CTF) Dechlorination Facility ( Project), associated with the Recycled Water River Discharge, Capital Improvement Project ( CIP) WW 20- 17, in the amount of $ 3, 620, 000, and a 10% construction contingency of $ 362, 000 was authorized for staff to use as necessary to achieve the goals of the Project; and WHEREAS, the scope of work included construction of improvements that will remove trace chlorine from the CTF effluent prior to discharging to the San Joaquin River ( River) in accordance with the discharge permit requirements; and WHEREAS, Cushman has successfully completed the Project at a total cost of 4, 385, 327; and
WHEREAS, staff inspected the improvements and the City Engineer deemed the improvements complete and in accordance with the approved plans and specifications; and
WHEREAS, Cushman has provided the necessary lien releases for the materials supplied and completed work and a one- year warranty bond ( based on 10% of total project cost) for the improvements being accepted; and WHEREAS, the performance bond ( Bond No. 107- 407- 647, $ 3, 620, 000 and payment bond ( Bond No. 107- 407- 647, $ 1, 810, 000) will be released and replaced with a one- year warranty bond ( Bond No. 107- 407- 647, $ 438, 532. 70); and WHEREAS, the one- year warranty bond covers any repairs or replacements that may become necessary during the one- year period beginning with this acceptance, due to defective materials or workmanship in connection with the completed improvements; and
WHEREAS, adequate funds have been allocated in the FY 2023/ 24 budget to close out the Project. With the completion of the Project, staff requests that unused funds be transferred back into the project funding sources; and WHEREAS, staff requests City Council accept the completed improvements by Cushman for the construction of the CTF Dechlorination Facility, associated with the Recycled Water River Discharge, CIP WW 20- 17; and
367
WHEREAS, staff also requests City Council authorize the filing of a Notice of Completion with the San Joaquin County Clerk, the release of contract retention to Cushman, in the amount of $ 219, 266 within forty- five ( 45) days after the recording of the Notice of Completion, and the release of performance and payment bonds.

NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby accept the completed public improvements constructed by Cushman Contracting Corporation for the construction of the CTF Dechlorination Facility, associated with the Recycled Water River Discharge, CIP WW 20- 17, pursuant to the construction contract documents; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop authorizes the filing of the Notice of Completion with the San Joaquin County Clerk and the release of the contract retention to Cushman, in the amount of $ 219, 266, within forty- five ( 45) days after the recording of the Notice of Completion, and authorizes the release of the performance and payment bonds; and BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop approves the unused funds be transferred back into the project funding sources. 368
The foregoing resolution was passed and adopted this lOth day of July 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 369

ATTACHMENT
M M
RECORDING REpUESTED BY, AND
WHEN RECORDED MAIL TO:

CITY OF LATHROP
ATTN: CITY CLERK
390 TOWNE CENTRE DRIVE
LATHROP, CA 95330
Exempt from payment of recording fees( GC 11922)

SPACE ABOVE THIS LINE FOR RECORDER' S USE

NOTICE OF COMPLETION
NOTICE IS HEREBY GNEN:
l. That the interest or estate stated in paragraph 3 herein in the real property herein described is owned by:

NAME STREET AND NO. CITY STATE AND ZIP CODE
City of Lathrop 390 Towne Centre Drive Lathrop CA 95330 If more than one owner of the interest stated, the name and address of each must be stated)

2. That the full name and address of the owner of said interest or estate, if there is only one owner, and that the full names and addresses of all the co- owners who own said interest or estate as tenants in common, as joint tenants, or otherwise, if there is more than one owner, are set forth in the preceding paragraph.

3. That the nature of title or the stated owner, or if more than one owner, then of the stated owner and co- owners is:

Cushman Contracting Corporation.

4. That on the lOth day of July 2023 a work of improvement on the real property herein described was completed.

5. That the name of the original contractor, if any, for said work of improvement was: Cushman ContractinQ Corporation

6. That the name and address of the transferor is:

NAME STREET AND NO. CITY STATE AND ZIP CODE
Cushman Contracting Coruoration P. O. Box 147 Goleta, CA 93116

7. That the real property herein referred to is situated in the City of Lathrop County of San Joaquin, State of California, and is described as follows
CIP WW 20- 17 CTF DECHLORINATION FACILITY
18800 Christopher Way, Lathrop, CA 95330

CITY OF LATHROP
B y:

Stephen J. Salvatore, City Manager Date
That the undersigned has knowledge ofthe contents herein and states under penalty of perjury that the foregoing is true and correct.

By:

Teresa Vargas, City Clerk Date
370

CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the NOTICE OF COMPLETION dated July 10, 2023 by Cushman Contracting Corporation to the City of Lathrop, a political corporation and/ or governmental agency, is hereby accepted by the undersigned officer or agent on behalf of the City Council pursuant to authority conferred by minute action of the City Council adopted on July 10, 2023, and the grantee consents to recordation thereof by its duly authorized officer.

Dated By
Stephen J. Salvatore, City Manager
371
372
ITEM 4. 17

CITY MANAGER' S REPORT
JULY 10, 2023, CITY COUNCIL REGULAR MEETING
ITEM: REJECT ALL BIDS FOR CONSTRUCTION OF

LOUISE AVENUE AND MCKINLEY AVENUE
INTERSECTION IMPROVEMENTS, CIP PS 15- 02

AND RE- ADVERTISE FOR BIDS
RECOMMENDATION: Adopt Resolution to Reject All Bids for Construction of Louise Avenue and McKinley
Avenue Intersection Improvements, CIP PS
15- 02 and Authorize Staff to Re- advertise for
Bids
SUMMARY:

In 2015, City Council approved Capital Improvement Project ( CIP) PS 15- 02 for Louise Avenue and McKinley Avenue Intersection Improvements ( Project). The Project will widen Louise Avenue, modify lane configurations along McKinley Avenue and upgrade the existing traffic signal at the intersection.

Contract plans and specifications for this project were completed and advertised for bid on June 15, 2023 according to the Bidding Procedures in California Public Contract Code ( PCC) 22160 and Lathrop Municipal Code ( LMC) 2. 36. 060.

A total of one ( 1) bid was received and opened by the City Clerk on June 29, 2023.

After review and evaluation, staff considers the single bid submitted and high unit prices to indicate poor bidding competition and considers the proposed unit prices too large for the project budgeted.

Therefore, staff requests City Council reject all bids, pursuant to Lathrop Municipal Code 2. 36. 060( E) and Public Contract Code ( PCC) 20166 and 22038. Following bid rejection, staff plans to review the project scope and re- solicit bids at a later time when working environment is more suitable.

BACKGROUND:

The City' s Traffic Monitoring Plan ( TMP) calls for upgrades to the Louise Avenue and McKinley Avenue intersection. The Project will provide protected left- turns for both eastbound and westbound Louise Avenue. The intersection will be widened to accommodate exclusive left- turn lanes on all directions and to satisfy the Federal Highway Administration ( FHA) Surface Transportation Assistance Act ( STAA) truck route requirements for truck accessibility.

Staff prepared an Engineer' s Estimate for construction of the Project at an amount of 1, 505, 199. A single bid was received and opened by the City Clerk on June 29, 2023 for $ 3, 789, 699.
373
CITY MANAGER' S REPORT PAGE 2
JULY 10, 2023 CITY COUNCIL REGULAR MEETING

TO REJECT ALL BIDS FOR CONSTRUCTION OF LOUISE AVENUE AND MCKINLEY AVENUE INTERSECTION IMPROVEMENTS, CIP PS 15- 02 AND RE- ADVERTISE

FOR BIDS
After reviewing and evaluating the bid proposal, staff determined that construction of the improvements could not be accomplished under the existing budget.

The submittal of only one bid for the Project indicates poor bidding competition. Thus, pursuant to PCC 20166 and 22038, a public agency may reject all bids for a project no less than two ( 2) days after notifying the low bidder of such intent.

City staff notified the bidder via email and mail on June 30, 2023 of its intent to recommend City Council reject all bids for the project at the City Council Regular Meeting of July 10, 2023.

Therefore, staff requests City Council reject all bids for construction of CIP PS 15- 02 pursuant to Lathrop Municipal Code 2. 36. 060( E) and PCC 20166 and 22038.

Following bid rejection, staff plans to review the project scope and re- solicit bids at a later time when working environment is more suitable.

REASON FOR RECOMMENDATION:

The submittal of only one bid for the Project indicates poor bidding competition. Readvertising the project would allow more potential bidders to submit a proposal and the City to compare unit prices and overall project cost.

FISCAL IMPACT:

There is no fiscal impact associated with the requested action.

ATTACH M ENTS:

A. Resolution to Reject All Bids for Construction of Louise Ave and McKinley Ave Intersection Improvement, CIP PS 15- 02 and Authorize Staff to Re- advertise for Bids
374
CITY MANAGER' S REPORT PAGE 3
ULY 10, 2023 CITY COUNCIL REGULAR MEETING

TO REJECT ALL BIDS FOR CONSTRUCTION OF LOUISE AVENUE AND MCKINLEY AVENUE INTERSECTION IMPROVEMENTS, CIP PS 15- 02 AND RE- ADVERTISE

FOR BIDS
APPROVALS:
o6 3v 2 23
Ang a Date
Assistant Engineer
o
C • 30. 2oZ3
Ken Reed Date
Senior Construction Manager
i—' Fo iZ
co • 30 • Zoz3
Brad Taylor Date
City Enginee
r 7 3/ 23
Cari James Date
Director of Finance
3 a • 2caz 3
Michael King Date
Assistant City Manager
6'30 - 2o ZSalvador Navarrete Date
City Attorney

7.s•23
Stephen J. Salvatore Date
City Manager
375
RESOLUTION NO. 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO RE) ECT

ALL BIDS FOR CONSTRUCTION OF LOUISE AVE AND MCKINLEY AVENUE INTERSECTION IMPROVEMENTS, CIP PS 15- 02 AND AUTHORIZE STAFF TO

RE- ADVERTISE FOR BIDS
WHEREAS, in 2015, City Council approved Capital Improvement Project ( CIP) PS 15- 02 for Louise Avenue and McKinley Avenue Intersection Improvements Project); and
WHEREAS, the Project will widen Louise Avenue, modify lane configurations along McKinley Avenue and upgrade the existing traffic signal at the intersection; and WHEREAS, contract plans and specifications for this project were completed and advertised for bid on June 15, 2023 according to the Bidding Procedures in California Public Contract Code ( PCC) 22160 and Lathrop Municipal Code ( LMC)

2. 36. 060; and
WHEREAS, a total of one ( 1) bid was received and opened by the City Clerk on June 29, 2023; and
WHEREAS, after review and evaluation, staff considers the single bid submitted and high unit prices to indicate poor bidding competition and considers the proposed unit prices too large for the project budgeted; and WHEREAS, pursuant to Lathrop Municipal Code 2. 36. 060( E) and Public Contract Code Sections 20166 and 22038, a public agency may reject all bids for a project no less than two ( 2) days after notifying the apparent low bidder of such intent; and
WHEREAS, City staff notified the bidder via email and mail on June 30, 2023 of its intent to recommend City Council reject the bid for the subject project; and WHEREAS, staff requests City Council reject the single bid received for the subject project.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby reject the single bid received for construction of Louise Avenue and McKinley Avenue Intersection Improvements, CIP PS 15- 02 and authorize staff to re- advertise for bids.
376
The foregoing resolution was passed and adopted this 10t'' day of July 2023, by the following vote of the City Council, to wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 377
378
ITEM 4. 18

CITY MANAGER' S REPORT
ULY 10, 2023 CITY COUNCIL REGULAR MEETING
ITEM: ADOPT 2023 ADEQUATE PROGRESS FINDING
TOWARD PROVISION OF 200- YEAR URBAN LEVEL OF

FLOOD PROTECTION FOR ISLAND RECLAMATION
DISTRICT 2062 ( RIVER ISLANDS PHASES 1 AND 2)
RECOMMENDATION: Adopt Resolution Adopting 2023 Adequate Progress Findings toward providing a 200-Year Urban Level of
Flood Protection in Phases 1 and 2 Levees of Island
Reclamation District 2062 by the Year 2025, Acting
as the Land Use Agency
SUMMARY:

Senate Bill 5 ( 5B5) and related companion bills created a new requirement for certain land use decisions made by cities and counties in the California Central Valley.

Starting on July 2, 2016, prior to approving discretionary land use decisions for nonresidential projects and prior to approving ministerial land use decisions ( building permits) for new residential buildings, land use agencies are required to make a Finding of Adequate Progress toward provision of Urban Level Flood Protection ( ULOP) 200- year flood protection.

City Council has adopted a series of Adequate Progress Finding Reports ( APR) toward the 200- year ULOP within Reclamation District 2062 ( June 20, 2016, June 5, 2017, July 9, 2018, July 8, 2019, October 12, 2020, July 12, 2021, and July 11, 2022).

The 2023 APR ( Exhibit A of Attachment C) for Phase 1 and 2 of River Islands will allow the City of Lathrop to continue to issue discretionary permits to commercial uses and ministerial permits ( building permits) for new residential homes through December 2024 subject to ongoing validation of that finding.

BACKGROUND:

The California Department of Water Resources ( DWR) developed technical and procedural criteria in response to requirements outlined in the Central Valley Flood Protection Act of 2008, enacted by SB5 in 2007 and amended by subsequent legislation ( 2007 California Flood Legislation). DWR developed the Urban Levee Design Criteria ( ULDC) and ULOP criteria to assist affected cities and counties within the Sacramento- San Joaquin Valley, in making the findings related to an ULOP before approving certain land use entitlements in accordance with the 2007 California Flood Legislation.
379
CITY MANAGER' S REPORT PAGE 2
JULY 10, 2023 CITY COUNCIL REGULAR MEETING
ADOPT 2022 ADEQUATE PROGRESS FINDING TOWARD PROVISION OF 200-

YEAR URBAN LEVEL OF FLOOD PROTECTION FOR ISLAND RECLAMATION DISTRICT 2062 ( RIVER ISLANDS PHASES 1 AND 2)
The levees constructed for Phase 1 and Phase 2 of River Islands by RD 2062 meet the updated ULDC standards adopted by DWR in May 2012. With the Letter of Map Revision (" LOMR") for Phase 2 levees, along with additional internal drainage improvements by RD 2062, it is expected that all of River Islands will have achieved the ULOP by 2024.

In June 2023, MBK Engineers, the District Engineer for RD 2062, prepared the " River Islands at Lathrop Phase 1 + 2 Areas Report of Adequate Progress Towards Urban Level of Flood Protection Annual Report" or simply " Adequate Progress Report" 2023 APR"). The 2023 APR serves as a strategic plan describing and outlining the steps that the RD 2062 and the City as the land use authority will use to ultimately implement 200- year levee improvements for Phase 1 and 2. RD 2062 Board of Trustees, acting as the Local Flood Management Agency, approved the 2023 Annual Report ( Exhibit A of Attachment C).

One of the ongoing requirements is to annually report to the Central Valley Flood Protection Board on the efforts in working toward completion of the flood protection system. RD 2062 has provided this report ( Attachment D) to CVFPB on behalf of the District and the City.

The River Islands Phase 2 Levee Project construction is complete. The Phase 2 levee supersedes the need for the interior portions of the Phase 1 levee, and so portions of that levee have been removed. The June 2023 APR describes the final steps needed to achieve ULOP, including:

Preparation of deeds and the transfer of real estate rights ( easements) to RD 2062 for the Phase 2 levees.

Progress on Scour Prevention Projects, including evaluation of the potential for erosion and scour failure of the Old River and Paradise Cut Levees, caused by failure of the Old River or Paradise Cut Levee, as well as a separate analysis for the erosion and scour failure of the Cross Levee, due to its proximity to the UPRR embankment. These evaluations initially indicated that six " check dams" are required to address the scour potential. Completion of this analysis and required permitting from the Central Valley Flood Protection Board ( CVFPB) for an encroachment permit to construct the check dams is expected by 2023. It is expected the check dam construction would be completed in 2024.

Seepage analyses associated with the Paradise Cut Setback Levee indicated that underseepage mitigation will be necessary to achieve 200- year level of flood protection. A line of relief wells is proposed between the Paradise Cut Setback Levee and the Main Drain between approximate levee stations 46+ 00 to 71+ 00 to intercept flow during high water events and reduce the exit gradient within the Main Drain. Final design of the relief wells is expected in 2022, with construction expected in 2023.
380
CITY MANAGER' S REPORT PAGE 3
ULY 10, 2023 CITY COUNCIL REGULAR MEETING
ADOPT 2022 ADEQUATE PROGRESS FINDING TOWARD PROVISION OF 200-

YEAR URBAN LEVEL OF FLOOD PROTECTION FOR ISLAND RECLAMATION DISTRICT 2062 ( RIVER ISLANDS PHASES 1 AND 2)
Completion of the RD 2062 Operation and Maintenance ( O& M) Manual Modernization Project is expected after the construction of the scour prevention projects are complete, scheduled in 2024.

REASON FOR RECOMMENDATION:

Approval of the 2023 Annual Adequate Progress Report Update for a 200- Year ULOP for the RD 2062 ( River Islands Phase 1 and 2) Area, and submission by RD 2062 of this report to the CVFPB ( Attachment D), allows the City of Lathrop, as a Land Use Agency, to rely on the prior findings of Adequate Progress. This will then allow the City of Lathrop to continue to issue within the RD 2062 area, discretionary permits to commercial and ministerial permits ( building permits) for new residential homes while RD 2062 continues to make progress toward establishing ULOP 200- year flood protection through December 2025.

FISCAL IMPACT:

There is no budget impact to the City as to date, all technical reports and studies have been funded by RD 2062 and River Islands at costs in excess of $ 2 million. This includes City staff time to review these documents.

ATTACH M ENTS:

A. Resolution Adopting 2023 Adequate Progress Findings toward providing a 200- Year Urban Level of Flood Protection in Phases 1 and 2 Levees of Island Reclamation District 2062 by the Year 2025, Acting as the Land Use Agency B. Vicinity Map of River Islands Levee System
C. Letter from RD 2062 to the City of Lathrop, as the Local Flood Management Agency dated, June 10, 2023, including;
o River Islands at Lathrop Phase 1+ 2 Areas Report of Adequate Progress Towards Urban Level of Flood Protection dated June 2023 D. Draft Letter from RD 2062 to the CVFPB providing required notification of the Adequate Progress Finding
381
CITY MANAGER' S REPORT PAGE 4
JULY 10, 2023 CITY COUNCIL REGULAR MEETING
ADOPT 2022 ADEQUATE PROGRESS FINDING TOWARD PROVISION OF 200-

YEAR URBAN LEVEL OF FLOOD PROTECTION FOR ISLAND RECLAMATION DISTRICT 2062 ( RIVER ISLANDS PHASES 1 AND 2)

APPROVALS
2 " Z3
Bellal Nabizadah Date
Assistant Engineer
b zss JZv23
Brad aylor Date
City Engineer
Cari Jame Date
Finance r ctor
Z b 2Q Z 23
Mich I King Date
Assistant City Manager
s -
zo L 3
Salvador Navarrete Date
City Attorney
7•• Z3
Stephen J. Salvatore Date
City Manager
382
RESOLUTION NO. 23-
A RESOLUTION OF THE CITY OF LATHROP ADOPTING 2023 ADEQUATE PROGRESS FINDINGS TOWARD PROVIDING A 200- YEAR URBAN LEVEL OF FLOOD PROTECTION IN PHASES 1 AND 2 LEVEES OF ISLAND RECLAMATION DISTRICT 2062 BY THE YEAR 2025, ACTING AS THE LAND USE AGENCY WHEREAS, California Senate Bill 5 ( SB5), passed in 2007 and later amended by various bills, requires the State to develop and adopt a comprehensive Central Valley Flood Protection Plan ( CVFPP), which was approved by the Central Valley Flood Protection Board ( CVFPB) in June 2012; and
WHEREAS, SB5 also required all cities and counties in the Central Valley to incorporate the CVFPP into their general plans by July 2, 2015 and into their zoning ordinances by July 2, 2016, and both actions were completed by Lathrop within the deadlines; and
WHEREAS, SB5 restricted development beyond July 2, 2016 unless the land use agency makes a finding related to an Urban Level of Flood Protection ( ULOP), a 200- year level of flood protection; and
WHEREAS, on June 20, 2016, June 5, 2017, July 9, 2018, July 8, 2019, ) uly 13, 2020, July 12, 2021, July 11, 2022 the City Council approved an Adequate Progressing Finding Report ( APF) toward provision of 200- year ULOP in Island Reclamation District 2062 (" RD 2062"); and
WHEREAS, RD 2062, as the local maintenance agency for the levee system associated with the River Islands at Lathrop project, has provided the City documentation for the 2023 APR conformation with SB5 which allows development to continue within the River Islands at Lathrop Phase 1 and 2 Areas; and WHEREAS, RD 2062 will transmit a letter to CVFPB for the 2023 APF report update for ULOP should the Council adopt this resolution and approve the 2023F APR; and
WHEREAS, pursuant to Government Code Section 65962, approval of the 2023 APF with the passage of this resolution by the City as the local land use agency, will allow the City to approve discretionary and ministerial permits within the River Islands at Lathrop Phase 1 and 2 Areas; and
WHEREAS, this 2023 APF is based on substantial evidence in the record, including the 2023 Annual Report of Progress provided by RD 2062 as drafted by its District Engineer, included as Attachment C to the July 10, 2023 City Manager' s Report that accompanied this resolution and incorporated herein. 383
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop, acting as the Land Use Agency as defined by State law, hereby adopts this Adequate Progress Finding pursuant to California Government Code Section 65962 based on substantial evidence in the record, including Attachment C to the July 10, 2023 City Manager' s Report that accompanied this resolution, that adequate progress towards providing a 200- year Urban Level of Flood Protection by the year 2025 for the River Islands at Lathrop Phase 1 and 2 is being made. 384
PASSED AND ADOPTED by the City Council of the City of Lathrop this 10th day of July 2023 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 385
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ATTACHMENT
M p
ISLAND RECLAMATION DISTRICT No. 2062
STEWfiRT TRACT— SAN JOAQUIN COUNTY
73 W. Stewart Road
LATHROP, CALIFORNIA 95330
TEL:( 209j 879- 7900
June 23, 2023
Mr. Brad Taylor, City Engineer
City of Lathrop
390 Towne Center Drive
Lathrop, CA 95330
Re: Adequate Progress Finding for Phases 1 and 2— River Islands at Lathrop Dear Brad:

At its June 23, 2023 special ineeting, the Island Reclamation District 2062 Board of Trustees ( RD 2062) unanimously adopted Resolution 23- 1, approving the " River Islands at Lathrop Phase 1 + 2 Areas Report OfAdequate Progress Towards Urban Level Of Flood Protection Annucrl Report(" 2023 Annual Report"} and directed the President to provide the Annual Report to the City for adoption of an Adequate Progress Finding APF").

Substantial evidence is provided in the Annual Report that meets California Government Code Section 65007( a). This includes the required Engineer' s Report, prepared by a Professional Civil Engineer registered in California to document the data and analyses for demonstrating that the development project and proposed subdivision will have an urban level of flood protection at the time when the flood protection system is completed. The Engineer' s Report, drafted by MBK Engineers as the District Engineer, fulfills this requirement and is included in the Annual Report. The District and River Islands continues to improve the urban levee system within RD 2062, with only ancillary irnprovements and actions required to meet the ULOP Criteria.

The Annual Report is enclosed with this letter for your review and the Ciry Council' s adoption at their next available meeting.
ce ly,

SUSAN DELL' OSSO
President, RD 2062
Encl.: 2023 Annual Report— Phases 1 and 2 Levees
cc: Becky Money, MBK Engineers
387

ATTACHMENT
a,, P
ZIV]ER ISLANDS AT LATHR4P
P iASE 1 + 2 . RE,AS

REPORT OF ADEQUATE PROGRESS
T4WARDS URBAN LEVEL OF FLOOD

PROTECTION

ANNUAL REPORT
JuNE 2023
Prepared by:

ENG//

MBKVEERS
455 University Avenue, Suite 100
Sacramento, California 958Z5
388

PURFOSE
Beginning in 2016 and continuing through 2020, the City of Lathrop adopted a finding of adequate progress( APF) toward an Urban level of Flood Protection ( ULOP) for the River Islands at Lathrop, Phase 1 urban area, and in 2020 adopted an APF for the Phase 2 urban area, both protected by the RD 2062 levees. When a local land use agency makes an APF, as described in the Urban Levet of F(ood Protection Criteria ( ULOP Criteria), issued by the Department of Water Resources in 2013, Government Code Section 65007 ( a) ( 5) requires the Local Flood Management Agency annually report to the Central Valley Flood Protection Board ( CVFPB) on the progress toward the completion of the flaod protection system. This report serves as that Annual Report for 2023. As required by the ULOP Criteria, this report will be made publicly available at www. ci. lathrop. ca. us.

RD 2062 is the local flood management agency. This report has been prepared by RD 2062` s District Engineer, MBK Engineers.

ADEQUATE PROGRESS FINDING
The City of Lathrop' s APFs were based on several supporting documents including:

RD 2062' s March 2016 River Islands ar Lathrop Stage 7 Levee System, Urban Level of Flood Protection Engineer's Report;
RD 2062' s lanuary 2017 River lsfands ot tathrop Stage 2A and 28 Levees, Adequate Progress Towards an Urban Levet of F(ood Protection Engineer' s Report; RD 2062' s February 2017 River Islands at Lathrop, Phase 1 Area, Report ofAdequate Progress towards an Urban Level of Flood Protection ( APF Report); RD 2062' s August 2020 River lstands at Lathrop Phase 2 Levee, Adequate Progress Towards an Urban Level of F(ood Protection Engineer' s Report;
RD 2062' s August 2021 River Is(ands at Lathrop Phase 2, Report ofAdequate Progress Towards an Urban Leve( of Ffood Protection; and
RD 2062' s May 2022 River Isfands at Lathrop Phase 2, Report ofAdequate Progress Towards an Urban Level of Flood Protection.

These documents collectively describe an attainable, reasonable approach toward providing an urban level of flood protection for the River Islands at Lathrop, Phase 1 and Phase 2 Areas by 2025. Specifically, these documents describe the levee system and the urban area it protects; provide substantial evidence, including data and references, demonstrating the levee system will provide an urban level of flood protection; and the scope, schedule, cost and identified sources of funding and their expected timing to provide an urban level of flood protection. The Engineer's Reports and APF Reports are hereby incorporated by reference.

Pursuant to DWR' s ULOP Criteria, a finding based on adequate progress has an effective period of 10 years or until the finding is superseded, whichever is sooner, provided that the adequate progress requirements per California Government Code Section 65007( a} are met. Based upon this criterion, the RD 2062 2
389
finding made by the City of Lathrop based upon the APF is valid until December 31, 2025,' so long as the requirements of Government Code§ 65007( a) are met by RD 2062, the local flood management agency.

CURRENT URBAN LEVEE SYSTEM
As described in the reports listed above, River Islands at lathrop has built the urban levee system in phases. For each new phase of work, a new ring levee was designed and constructed to join with the previous phase. Thus, with each new ring levee, the resulting interior levees were removed, and a larger ring levee was formed. The current levee configuration for the River Islands at Lathrop Phase 1 and 2 Areas is shown below. This figure reflects the construction and cannection of the Phase 2 levee with the Phase 1 levees ( at one end with the Phase 1, Stage 26 levee, and at the other end with the Phase 1, Cross levee}. The Phase 2 levee supersedes the need for the interior portions of the Phase 1 levee, and these portions are identified as " Former levee" in the figure. aYa
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Pursuant to Government Code Sections 65865. 5, 65962, and 66474. 5, for area protected by SPFC levees, an urban level of flood protection shall be achieved by 2025, therefore, after 2025, a local agency can no longer rely on findings of adequate progress after 2025 for an area protected by SPFC levees.

RD 2Q62 3
r+.r w. Mr•.
390
FxoGxEss
The Phase 1 APF Report identified two construction projects as being necessary to provide an urban level of flood protection to the Phase 1 Area: the River Islands Stage 26 Levee Project( Stage 2B Levee Project) and the scour prevention projects. The Stage 2B Levee Project was completed as reported in the 2018 annual report.

Two construction projects were also identified as being necessary to provide an urban level of flood protection to the Phase 2 Area in the Phase 2 APR Report: a scour prevention project, similar to that required for Phase 1, and installation of relief wells.

Finally, both the Phase 1 and Phase 2APF Reports identified non- structural actians required for certification of the levee system.

For simplicity and clarity, and because the Phase 1 levees and Phase 2 levee now pratect a single and common urban area, this report and future reports wiil consolidate the required actions to provide a 200- year level of flood protection to the River Islands at Lathrop urban area. The status of these actions is described below.

SCOUR PREVENTION PROJECTS
As part of the IPE review of the Phase 1 substantial evidence record, the IPE requested that River Islands evaluate the potential for erosion and scour failure of the new urban levees caused by failure of other embankments( i. e., the federal perimeter project levees and the UPRR embankment).

Initial evaluation and design of the scour prevention projects was completed in 2020 and includes a series of landside fill embankments, i. e. " check dams", located between the Phase 1 and 2 levees and the Federal Project levees. The check dams will reduce the exposure time to erosive hydraulic shear stress on the interior levees in the event of breach of the Federal Project levee and/ or the UPRR embankment.

Additional and advanced engineering and design, using higher resolution hydraulic inputs and more robust scour evaluation tools, began in 2021 and was completed in early 2022. Independent review of the final design, and follow- up environmental clearances are complete. River Islands submitted a revised permit application to reflect the design changes and environmental evaluations on September 6, 2022.

The design team has had communication with USACE and CVFPB and has provided additional requested documentation as recent as March 29, 2023.

Schedule
The schedule for this action has not changed since last year. Construction is still expected to occur in 2023 to 2024.

ACTION

ESTIMATED ESTIMATED

START COMPLETION
Scour Prevention Project— Old River& Paradise Cut— Design and Ongoing 2023
Permittin
Scour Prevention Project- Old River& Paradise Cut- Construction 2023 2024 Scour Prevention Project- UPRR— Design and Permitting Ongoing 2023 Scour Prevention Project— UPRR - Construction 2a23 2024 za62 4
391
Note: Bold indicates a change in schedule.

Costs and Expendit res
The estimated cost to construct the six check dams is $ 758, 000. The scour prevention projects will be funded by RID.

Delays and Changes
As described above, the design is camplete and permit application review by CVFPB and USACE is in progress and is anticipated to be received early Fall 2023, construction is still anticipated to occur in 2023 and 2024. The levee system is still on target for being certified for 200- year level of flood protection by 2025. There have been no significant changes to the projecYs approach.

PHASE 2 RELIEF WELLS
As part of the design of the Phase 2 levee, seepage analyses associated with the Paradise Cut Setback evee indicated that underseepage mitigation will be necessary to achieve 200- year level of flaod protection. A line of relief welis is proposed between the Paradise Cut Setback Levee and the Main Drain between approximate levee stations 46+ 00 to 71+ 00 ta intercept flow during high water events and reduce the exit gradient within the Main Drain. The relief locations are shown on Figure 1. Final design of the relief wells is complete and construction began in the fall of 2022. Due to weather conditions the installation has been put on hold until the site is accessible with truck mounted equipment. Installation and development of the relief wells is anticipated to be complete by August 2023.

Schedule
The schedule identified in the 2022 APF Report identified schedule delays for design. Relief well design is complete and construction/ installation of the relief wells began in the fall of 2022 and is expected to be completed in summer 2023.

ACTION

ESTIMATED ESTIMATED

START COMPLETION
Completed in Phase 2 Relief Wells - Design Ongoing
2022
Phase 2 Relief Welis - Construction Ongoing 2023
Note: Bold indicates a change in schedule.

Casts and Expenditures
The relief wells are estimated to cost$ 114, 000. This work is being funded by RID.

Delays and Changes
Based on the schedule outlined in the 2022 APF, no additional delays to the schedule have been identified and the levee system is still on target for being certified for 200- year level of flood protection by 2025.

There have been no significant changes to the project' s approach.

RD 2062 5
392
RD 2(J62 O$tNI 1VIODERNIZATION AND RIGHT- OF- WAY
The ULDC provides requirements to support a modern levee program. This includes ensuring robust operations and maintenance ( O& M) practices and procedures and appropriate right- of-way are in place for urban (evees. The scope identified in the APF Report remains the same and progress continues to be made. River Islands has granted easements to RD 2062 for the entire embankment, 20 feet landward of the landside toes, and 15 feet waterward of the waterside toes for the Stage 1 levees in 2016 and the Stage 2A and Stage 2B levees in 2018. River islands is currently in the process of granting easements to RD 2062 for Phase 2 levee.

Schedule
The schedule for this action has not changed since the last report. A new O& M Manual for the levee system continues to be developed while the Phase 1 and 2 levees are madified ( i. e., levees are built and removed, features are added). Completion af the effort is expected after the construction of the scour prevention projects, scheduled in 2024. Easements to RD 2062 for Phase 2 will be recorded later this calendar year.

ACTION

ESTIMATED ESTIMATED

START COMPLETION
RD 2062 O& M Modernization Ongoing 2024
RD 2062 Transfer of Real Estate Rights for Phase 2 Levee Ongoing 2023 Costs and Expenditures
Progress on the RD 2062 C?& M Modernization effort if in progress and is not being tracked by costs and expenditures, but instead through production of deliverables such as technica memoranda, updated O& M Manual chapters, plans, etc. A high- level cost estimate for perforrning the work is $ 50,000. RD 2062 will accomplish these tasks using funds obtained through its annual assessment and/ or through funds provided by RID.

Delays and Changes
There have been no significant delays in developing a new O& M Manual and program for the levee system, nor were there any significant changes to the project' s approach. However, as described above, the O& M modernization will continue to progress until after construction of the scour prevention projects, representing the last construction efforts for urban area:

CONCLUSION
RD 2062 continues to make progress towards providing an urban level of flood protection to the River Islands combined Phase 1 and Phase 2 Areas by 2025. RD 2062 will continue to make progress and report on this progress annually. The next annual report will be submitted in lune 2024 unless the entirety of levee improvements for River Islands ( Phases 1 and 2) are tomplete and an Engineer' s Report and other support documentation will be provided in support of the ULOP.

RD 2062 6
393

ATTACHMENT
T
p .

ISLAND RECLAMATION DISTRICT No. 2062
STEWART TRACT—SAN JOAQUIN COUNTY
73 W. Stewart Road
LATHROP, CALIFORNIA 95330
TEL: ( 209) 879- 7900
July 11, 2023
Ms. Leslie Gallagher, Executive Officer
Central Valley Flood Protection Board
3310 El Camino Avenue, Suite 170
Sacramento, CA 95821
Re: Annual Report of Progress - River Islands at Lathrop Phase 1 and Phase 2 Areas, Lathrop, CA
On July 10, 2023, the City of Lathrop City Council adopted a resolution making an Adequate Progress Finding for the River Islands at Lathrop Phase 1 Area and Phase 2 Area, respectively. In accordance with the requirements of Government Code ,' 65007( a) and the Urban Level of Flood Protection Criteria issued by the Department of Water Resources in 2013. Island Reclamation District No. 2062, as the local flood management agency, respectfully submits the enclosed annual report of progress towards providing an urban level of flood protection for the River Islands at Lathrop Phase 1 and 2 urban areas.

This report is available to the public at the following website: www. ci. lathrop. ca. us.

Questions on the matter may be referred to Ms. Becky Money at money@mbkengineers. com or 916- 456- 4400.

Sincerely,
Susan Dell' Osso
President, RD 2062
Encl.: 2023 Annual Report
cc: Brad Taylor, City Engineer
Becky Money, MBK Engineers
394
ITEM 5. 1

CITY MANAGER' S REPORT
JULY 10, 2023 CITY COUNCIL REGULAR MEETING
ITEM: PUBLIC HEARING ( PUBLISHED NOTICE) TO

CONSIDER ADOPTING AN ORDINANCE TO

IMPLEMENT A COMMUNITY CHOICE AGGREGATION

PROGRAM AND ADOPTING RESOLUTION TO

APPROVE A ) OINT POWERS AGREEMENT WITH EAST

BAY COMMUNITY ( EBCE) AUTHORITY TO PROVIDE

ELECTRIC SERVICES IN THE CITY OF LATHROP
RECOMMENDATION: City Council to Consider the Following:

1. Hold a Public Hearing; and

2. First Reading and Introduction of an Ordinance
to Implement a Community Choice
Aggregation Program to Provide Electric
Services in the City of Lathrop

3. Adopt Resolution to Approve a Joint Powers
Agreement with East Bay Community ( EBCE)
Authority to Provide Electric Services in the
City of Lathrop
SUMMARY:

On March 13, 2023 Council received a presentation from East Bay Community Energy EBCE) regarding the benefits of implementing a Community Choice Aggregation CCA) program. The potential benefits include lower electrical rates, local control and investment, and environmental sustainability.

Should Council want to proceed with the implementation of a CCA, the next step is to adopt an ordinance authorizing the City' s implementation of a CCA program through EBCE along with a resolution approving a Joint Powers Agreement ( JPA) to join the EBCE Joint Powers Authority.

BACKGROUND:

Community Choice Aggregation ( CCA) was created in California by AB 117 ( 2002) and are governed by the California Public Utilities Commission ( CPUC). CCAs are governmental entities formed by cities and counties to procure electricity for their residents, businesses, and municipal facilities. CCAs cannot be formed in the jurisdiction of a publicly owned electric utility ( POU) that provides electrical service, this includes the Lathrop Irrigation District ( LID) that provides electrical power within the River Islands Development.

CCA programs have several unique characteristics. When a CCA launches, investorowned utility ( IOU) electricity customers in the designated service area are automatically opted- in to CCA service, and have to opt out to continue to be served by the IOU.
395
CITY MANAGER' S REPORT PAGE 2
JULY 10, 2023 CITY COUNCIL REGULAR MEETING

PUBLIC HEARING ( PUBLISHED NOTICE) TO CONSIDER ADOPTING AN

ORDINANCE TO IMPLEMENT A COMMUNITY CHOICE AGGREGATION

PROGRAM AND ADOPTING RESOLUTION TO APPROVE A ) OINT POWERS

AGREEMENT WITH EAST BAY COMMUNITY ( EBCE) AUTHORITY TO PROVIDE

ELECTRIC SERVICES IN THE CITY OF LATHROP
For the City of Lathrop the IOU is Pacific Gas & Electric Co. ( PG& E). Once established, a CCA purchases power for its customers. While the CCA is responsible for procurement, the IOU still provides other services such as transmission, distribution, metering, billing, collection, and customer service. Currently there are 25 CCA programs serving more than 11 million customers in California.

EBCE made a presentation to City Council at its March 13, 2023 meeting regarding participation and implementation of the CCA program to provide alternate electric services to City consumers under a JPA. In 2018, the County of Alameda and 11 of its cities launched EBCE as a not- for- profit public agency that governs this Community Choice Energy service. The Joint Power Agency expanded in 2021. The cities currently served are: Albany, Berkeley, Dublin, Emeryville, Fremont, Hayward, Livermore, Newark, Oakland, Piedmont, Pleasanton, San Leandro, Tracy, and Union City. The unincorporated areas of Alameda County ( including Ashland, Castro Valley, Cherryland, Fairview, San Lorenzo, and Sunol) are also served by EBCE. The City of Stockton will begin EBCE service in 2025.

Section 366. 2 of the California Public Utilities Code requires that any agency seeking to implement a CCA in their jurisdiction must do so by ordinance. This item requests that the City Council adopt an ordinance authorizing the City of Lathrop' s implementation of a CCA program. The City Council must also adopt a resolution approving a joint powers agreement ( JPA) thereby authorizing the EBCE to act as the CCA on the City' s behalf.

The JPA contains provisions regarding as EBCE' s powers, governance structure, including voting allocations, its obligation to indemnify the members, and the process for withdrawing from the authority, along with other standard JPA terms. As a member of EBCE, the City will have a representative on the EBCE' s board of directors.

If approved by Council, the JPA would be updated to reference the City of Lathrop.

REASON FOR RECOMMENDATION:

Adopting the proposed ordinance and approving the JPA with EBCE has the potential to provide lower electrical rates, local control and investment, and environmental sustainability.
396
CITY MANAGER' S REPORT PAGE 3
ULY 10, 2023 CITY COUNCIL REGULAR MEETING

PUBLIC HEARING ( PUBLISHED NOTICE) TO CONSIDER ADOPTING AN

ORDINANCE TO IMPLEMENT A COMMUNITY CHOICE AGGREGATION
PROGRAM AND ADOPTING RESOLUTION TO APPROVE A 70INT POWERS

AGREEMENT WITH EAST BAY COMMUNITY ( EBCE) AUTHORITY TO PROVIDE

ELECTRIC SERVICES IN THE CITY OF LATHROP
FISCAL IMPACT:

There is no direct fiscal impact associated with adopting an ordinance implementing a Community Choice Aggregation Program or approving a Joint Powers Agreement with the EBCE Authority to provide electric services to the City of Lathrop.

ATTACH M ENTS:

A. Ordinance to Implement a Community Choice Aggregation Program to Provide Electric Services in the City of Lathrop
B. Resolution to Approve a Joint Powers Agreement with East Bay Community EBCE) Authority to Provide Electric Services in the City of Lathrop C. ECBE Joint Powers of Agreement
397
CITY MANAGER' S REPORT PAGE 4
ULY 10, 2023 CITY COUNCIL REGULAR MEETING

PUBLIC HEARING ( PUBLISHED NOTICE) TO CONSIDER ADOPTING AN

ORDINANCE TO IMPLEMENT A COMMUNITY CHOICE AGGREGATION

PROGRAM AND ADOPTING RESOLUTION TO APPROVE A JOINT POWERS

AGREEMENT WITH EAST BAY COMMUNITY ( EBCE) AUTHORITY TO PROVIDE

ELECTRIC SERVICES IN THE CITY OF LATHROP
APPROVALS:
23 Cari James Date
Finance Dir or
7- 5 - Zo23
Michael King Date
Assistant City Manager
Zp z.-- 3
Salvador Navarrete Date
City Attorney
7•5•23
Ste en J. Salvatore Date
City Manager
398
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LATHROP TO

IMPLEMENT A COMMUNITY CHOICE AGGREGATION PROGRAM TO PROVIDE

ELECTRIC SERVICES IN THE CITY OF LATHROP
WHEREAS, The City of Lathrop has an interest in achieving greater local involvement over the provision of electricity supply services, competitive electric rates, local control and investment, and environmental sustainability; and WHEREAS, Assembly Bill 117 codified as Public Utilities Code Section 366. 2 the " Act"), authorizes any California city or county whose governing body so elects, to combine the electricity load of its residents and businesses in a community- wide electricity aggregation program known as Community Choice Aggregation ( CCA); and WHEREAS, The Act allows a CCA program to be carried out under a joint powers agreement entered into by entities that each have capacity to implement a CCA program individually. The joint powers agreement structure reduces the risks of implementing a CCA program by immunizing the financial assets of participants; and WHEREAS, implementing a CCA program will likely provide multiple benefits to the residents, including lower electrical rates, local control and investment, and environmental sustainability; and
WHEREAS, concurrent with the introduction of this ordinance, the City Council considered a resolution approving the East Bay Community Energy Authority ) oint Powers Agreement; and
WHEREAS, proper notice of this public hearing was given to all respects as required by law; and
WHEREAS, the City Council has reviewed all written evidence and oral testimony presented to date.

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

Section 1 Findings.

Based upon the findings set forth hereinabove, the City Council elects to participate in, and approves the implementation of a Community Choice Aggregation program within the City of Lathrop' s jurisdiction by and through the East Bay Community Energy Authority.

This Ordinance is not intended to and shall not be construed or given effect in a manner that imposes upon the City or any officer or employee thereof a mandatory duty of care toward persons and property within or without the city so as to provide a basis of civil liability for damages, except as otherwise imposed by law. 399
Section 2 Environmental.

The passage of this ordinance is not a project under the California Environmental Quality Act ( CEQA) because it does not involve any commitment to a specific project which may result in a potentially significant physical impact on the environment, as contemplated by Title 14, California Code of Regulations, Sections 15378, therefore, not subject to CEQA pursuant to CEQA Guidelines Section 15060.

Section 3. Severalbilitv
If any provisions of this Ordinance or application thereof to any person or circumstances is held invalid, such invalidity shall not effect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council hereby declares that it would have adopted this Ordinance irrespective of the validity of any particular portions thereof.

Section 4. Effective Date
This Ordinance shall take legal effect and be in force thirty ( 30) days from and after the date of its passage.

Section 5. Pubilication
Within fifteen ( 15) days after its final passage, the City Clerk shall cause a copy of this Ordinance to be published in full accordance with Section 36933 of the Government Code.
400
THIS ORDINANCE was introduced at a regular meeting of the City Council of the City of Lathrop on the lOth day of July 2023, and was PASSED AND ADOPTED at a regular meeting of the City Council of the City of Lathrop on the th day of 2023 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 401
RESOLUTION NO. 23-

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

APPROVE A ) OINT POWERS AGREEMENT WITH EAST BAY COMMUNITY

EBCE) AUTHORITY TO PROVIDE ELECTRIC SERVICES IN THE CITY OF

LATH ROP
WHEREAS, the City of Lathrop has an interest in achieving greater local involvement over the provision of electricity supply services, competitive electric rates, local control and investment, and environmental sustainability; and WHEREAS, Assembly Bill 117 codified as Public Utilities Code Section 366. 2 the " Act"), authorizes any California city or county whose governing body so elects, to combine the electricity load of its residents and businesses in a community- wide electricity aggregation program known as Community Choice Aggregation ( CCA); and WHEREAS, The Act allows a CCA program to be carried out under a joint powers agreement entered into by entities that each have capacity to implement a CCA program individually. The joint powers agreement structure reduces the risks of implementing a CCA program by immunizing the financial assets of participants; and WHEREAS, on March 13, 2023 Council received a presentation from East Bay Community Energy ( EBCE) regarding the benefits of implementing a CCA program; and
WHEREAS, implementing a CCA program will likely provide multiple benefits to the residents, including lower electrical rates, local control and investment, and environmental sustainability; and
WHEREAS, Alameda County and cities in Alameda County have developed the EBCE Authority ) oint Powers Agreement ( JPA) which creates the East Bay Community Energy Authority ( Authority) which will govern and operate the CCA program; and WHEREAS, the Authority provides alternate electric services to consumers under a JPA with Alameda County and the vast majority of all cities in that county; and
WHEREAS, The Authority is interested in providing potential services to the City of Lathrop; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve a ) oint Powers Agreement with East Bay Community EBCE) Authority to provide electric services in the City of Lathrop. 402
The foregoing resolution was passed and adopted this lOth day of July 2023, by the following vote of the City Council, to wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 403

ATTACHMENT
C «
East Bay Community Energy Authority
Joint Powers AgreementEffective December 1, 2016
As amended by Resolution No. 2018- 23 dated June 20, 2018 and Resolution No. 2022- 28 dated September 21, 2022
County of Alameda
City of Albany
City of Berkeley
City of Dublin
City of Emeryville
City of Fremont
City of Hayward
City of Livermore
City of Newark
City of Oakland
City of Piedmont
City of Pleasanton
City of San Leandro
City of Stockton
City of Tracy
City of Union City
404

EAST BAY COMMUNITY ENERGY AUTHORITY

JOINT POWERS AGREEMENT
This Joint Powers Agreement (" Agreement"), effective as of December 1, 2016, is made and entered into pursuant to the provisions of Title 1, Division 7, Chapter 5, Article 1 ( Section 6500 et seq.) ofthe California Government Code relating to the joint exercise of powers among the parties set forth in Exhibit A(" Parties"). The term" Parties" shall also include an incorporated municipality or county added to this Agreement in accordance with Section 3. 1.

RECITALS

1. The Parties are either incorporated municipalities or counties sharing various powers under California law, including but not limited to the power to purchase, supply, and aggregate electricity for themselves and their inhabitants.

2. In 2006, the State Legislature adopted AB 32, the Global Warming Solutions Act, which mandates a reduction in greenhouse gas emissions in 2020 to 1990 levels. The California Air Resources Board is promulgating regulations to implement AB 32 which will require local government to develop programs to reduce greenhouse gas emissions.

3. The purposes for the Initial Participants ( as such term is defined in Section 1. 1. 16 below) entering into this Agreement include securing electrical energy supply for customers in participating jurisdictions, addressing climate change by reducing energy related greenhouse gas emissions, promoting electrical rate price stability, and fostering local economic benefits such as jobs creation, community energy programs and local power development. It is the intent ofthis Agreement to promote the development and use of a wide range of renewable energy sources and energy efficiency programs, including but not limited to State, regional and local solar and wind energy production.

4. The Parties desire to establish a separate public agency, known as the East Bay Community Energy Authority(" Authority"), under the provisions ofthe Joint Exercise of Powers Act of the State of California( Government Code Section 6500 et seq.) (" AcY') in order to collectively study, promote, develop, conduct, operate, and manage energy programs.

5. The Initial Participants have each adopted an ordinance electing to implement through the Authority a Community Choice Aggregation program pursuant to California Public Utilities Code Section 366. 2 (" CCA Program"). The first priority ofthe Authority will be the consideration ofthose actions necessary to implement the CCA Program.

6. By establishing the Authority, the Parties seek to:
a) Provide electricity rates that are lower or competitive with those offered by PG& E for similar products;
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b) Offer differentiated energy options ( e. g. 33% or 50% qualified renewable) for default service, and a 100% renewable content option in which customers may" opt- up" and voluntarily participate;
c) Develop an electric supply portfolio with a lower greenhouse gas ( GHG) intensity than PG& E, and one that supports the achievement ofthe parties' greenhouse gas reduction goals and the comparable goals of all participating jurisdictions; d) Establish an energy portfolio that prioritizes the use and development oflocal renewable resources and minimizes the use of unbundled renewable energy credits; e) Promote an energy portfolio that incorporates energy eff'iciency and demand response programs and has aggressive reduced consumption goals;
fl Demonstrate quantifiable economic benefits to the region( e. g. union and prevailing wage jobs, local workforce development, new energy programs, and increased local energy investments);
g) Recognize the value of workers in existing jobs that support the energy infrastructure of Alameda County and Northern California. The Authority, as a leader in the shift to a clean energy, commits to ensuring it will take steps to minimize any adverse impacts to these workers to ensure a" just transition" to the new clean energy economy;
h) Deliver clean energy programs and projects using a stable, skilled workforce through such mechanisms as project labor agreements, or other workforce programs that are cost effective, designed to avoid work stoppages, and ensure quality; i) Promote personal and community ownership ofrenewable resources, spurring equitable economic development and increased resilience, especially in low income communities;
j) Provide and manage lower cost energy supplies in a manner that provides cost savings to low-income households and promotes public health in areas impacted by energy production; and
k) Create an administering agency that is fmancially sustainable, responsive to regional priorities, well managed, and a leader in fair and equitable treatment of employees through adopting appropriate best practices employment policies, including, but not limited to, promoting efficient consideration ofpetitions to unionize, and providing appropriate wages and benefits.
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AGREEMENT
NOW, THEREFORE, in consideration ofthe mutual promises, covenants, and conditions hereinafter set forth, it is agreed by and among the Parties as follows:

ARTICLE 1

CONTRACT DOCUMENTS

1. 1 DefiniNons. Capitalized terms used in the Agreement shall have the meanings specified below, unless the context requires otherwise.

1. 1. 1 " AB 117" means Assembly Bill 117 ( Stat. 2002, ch. 838, codified at Public Utilities Code Section 366. 2), which created CCA.

1. 1. 2 " AcY' means the Joint Exercise ofPowers Act ofthe State ofCalifornia Government Code Section 6500 et seq.)

11. 3 " Agreement" means this Joint Powers Agreement.

1. 1. 4 " Annual Energy Use" has the meaning given in 5ection 1. 1. 23.

1. 1. 5 " Authorit' means the East Bay Community Energy Authority established pursuant to this Joint Powers Agreement.

1. 1. 6 " Authority Document( s)" means document( s) duly adopted by the Board by resolution or motion implementing the powers, functions and activities of the Authority, including but not limited to the Operating Rules and Regulations, the annual budget, and plans and policies.

1. 1. 7 " Board" means the Board of Directors ofthe Authority.

1. 1. 8 " Community Choice Aggregation" or" CCA" means an electric service option available to cities and counties pursuant to Public Utilities Code Section 366. 2.

1. 1. 9 " CCA Program" means the Authority' s program relating to CCA that is principally described in Sections 2. 4 and 5. 1.

1. 1. 10 " Days" shall mean calendar days unless otherwise specified by this Agreement.

1. 1. 11 " Director" means a member of the Board of Directors representing a Party, including an alternate Director.
1112 " Effective Date" means the date on which this Agreement shall become effective and the East Bay Community Energy Authority shall exist as a separate public agency, as further described in Section 2. 1. 3-
407

1. 1. 13 " Ex Officio Board Member" means a non- voting member ofthe Board of Directors as described in Section 4. 2. 2. The Ex Officio Board Member may not serve on the Executive Committee ofthe Board or participate in closed session meetings of the Board.

1. 1. 14 " Implementation Plan" means the plan generally described in Section

5. 1. 2 of this Agreement that is required under Public Utilities Code Section 366. 2 to be filed with the California Public Utilities Commission for the purpose of describing a proposed CCA Program.

1. 1. 15 " Initial Costs" means all costs incurred by the Authority relating to the establishment and initial operation ofthe Authority, such as the hiring of a Chief Executive Officer and any administrative staff, any required accounting, administrative, technical and legal services in support ofthe Authority' s initial formation activities or in support ofthe negotiation, preparation and approval of power purchase agreements. The Board shall determine the termination date for Initial Costs.

1. 1. 16 " Initial Participants" means, for the purpose of this Agreement the County ofAlameda, the Cities ofAlbany, Berkeley, Emeryville, Oakland, Piedmont, San Leandro, Hayward, Union City, Fremont, Dublin, and Livermore.

1. 1. 17 " Operating Rules and Regulations" means the rules, regulations, policies, bylaws and procedures governing the operation of the Authority.

1. 1. 18 " Parties" means, collectively, the signatories to this Agreement that have satisfied the conditions in Sections 2.2 or 3. 1 such that it is considered a member of the Authority.

1. 1. 19 " Party" means, singularly, a signatory to this Agreement that has satisfied the conditions in Sections 2. 2 or 3. 1 such that it is considered a member of the Authority.

1. 1. 20 " Percentage Vote" means a vote taken by the Board pursuant to Section

4. 12. 1 that is based on each Party having one equal vote.

1. 1. 21 " Total Annual Energy" has the meaning given in Section 1. 1. 23.

1. 1. 22 " Voting Shares Vote" means a vote taken by the Board pursuant to Section 4. 12. 2 that is based on the voting shares of each Party described in Section 1. 1. 23 and set forth in Exhibit C to this Agreement. A Voting Shares vote cannot take place on a matter unless the ma.tter first receives an affirmative or tie Percentage Vote in the manner required by Section

4. 12. 1 and three or more Directors immediately thereafter request such vote.
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1. 1. 23 " Voting Shares Formula" means the weight applied to a Voting Shares Vote and is determined by the following formula:

Annual Energy Use/ Total Annual Energy) multiplied by 100, where ( a) Annual Energy Use" means ( i) with respect to the first two years following the Effective Date, the annual electricity usage, expressed in kilowatt hours (" kWh"), within the Party' s respective jurisdiction and( ii) with respect to the period after the second anniversary ofthe Effective Date, the annual electricity usage, expressed in kWh, of accounts within a Party' s respective jurisdiction that are served by the Authority and( b) Total Annual Energ' means the sum of all Parties' Annual Energy Use.

The initial values for Annual Energy use are designated in Exhibit B and the initial voting shares are designated in Exhibit C. Both Exhibits B and C shall be adjusted annually as soon as reasonably practicable after January 1, but no later than March 1 of each year subject to the approval of the Board.

1. 2 Documents Included. This Agreement consists of this document and the following exhibits, all of which are hereby incorporated into this Agreement.

Exhibit A: List ofthe Parties
Exhibit B: Annual Energy Use
Exhibit C: Voting Shares

1. 3 Revision of Exhibits. The Parties agree that Exhibits A, B and C to this Agreement describe certain administrative matters that may be revised upon the approval of the Board, without such revision constituting an amendment to this Agreement, as described in Section 8. 4. The Authority shall provide written notice to the Parties of the revision of any such exhibit.

ARTICLE 2

FORMATION OF EAST BAY COMMUNITY ENERGY AUTHORITY

2. 1 Effective Date and Term. This Agreement shall become effective and East Bay Community Energy Authority shall exist as a separate public agency on December 1, 2016, provided that this Agreement is executed on or prior to such date by at least three Initial Participants after the adoption ofthe ordinances required by Public Utilities Code Section 366. 2( c)( 12). The Authority shall provide notice to the Parties ofthe Effective Date. The Authority shall continue to exist, and this Agreement shall be effective, until this Agreement is ternunated in accordance with Section 7. 3, subject to the rights of the Parties to withdraw from the Authority.

2. 2
Initial Particioants. Until December 31, 2016, all other Initial Participants may become a Party by executing this Agreement and delivering an executed copy of this Agreement and a copy of the adopted ordinance required by Public Utilities Code Section 366. 2( c)( 12) to the Authority. Additional conditions, described in Section 3. 1, may apply( i) to either an 5-
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incorporated municipality or county desiring to become a Party that is not an Initial Participant and( ii) to Initial Participants that have not executed and delivered this Agreement within the time period described above.

2. 3 Formation. There is formed as ofthe Effective Date a public agency named the East Bay Community Energy Authority. Pursuant to Sections 6506 and 6507 ofthe Act, the Authority is a public agency separate from the Parties. The debts, liabilities or obligations ofthe Authority shall not be debts, liabilities or obligations ofthe individual Parties unless the governing board of a Party agrees in writing to assume any ofthe debts, liabilities or obligations ofthe Authority. A Party who has not agreed to assume an Authority debt, liability or obligation shall not be responsible in any way for such debt, liability or obligation even if a majority ofthe Parties agree to assume the debt, liability or obligation of the Authority. Notwithstanding Section 8. 4 ofthis Agreement, this Section 2. 3 may not be amended unless such amendment is approved by the governing boards of all Parties.

2. 4 Purpose. The purpose ofthis Agreement is to establish an independent public agency in order to exercise powers common to each Party and any other powers granted to the Authority under state law to participate as a group in the CCA Program pursuant to Public Utilities Code Section 366. 2( c)( 12); to study, promote, develop, conduct, operate, and manage energy and energy- related climate change programs; and, to exercise all other powers necessary and incidental to accomplishing this purpose.

2. 5 Powers. The Authority shall have all powers common to the Parties and such additional powers accorded to it by law. The Authority is authorized, in its own name, to exercise all powers and do all acts necessary and proper to carry out the provisions of this Agreement and fulfill its purposes, including, but not limited to, each ofthe following:

2. 5. 1
to make and enter into contracts, including those relating to the purchase or sale of electrical energy or attributes thereof;

2. 5. 2
to employ agents and employees, including but not limited to a Chief Executive Officer and General Counsel;

2. 5. 3 to acquire, contract, manage, maintain, and operate any buildings, works or improvements, including electric generating facilities;

2. 5. 4 to acquire property by eminent domain, or otherwise, except as limited under Section 6508 ofthe Act, and to hold or dispose of any property;

2. 5. 5 to lease any property;

2. 5. 6 to sue and be sued in its own name;

2. 5. 7
to incur debts, liabilities, and obligations, including but not limited to loans from private lending sources pursuant to its temporary borrowing powers such as Government Code Section 53850 et seq. and authority under the Act;
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2. 5. 8 to form subsidiary or independent corporations or entities, if appropriate, to carty out energy supply and energy conservation programs at the lowest possible cost consistent with the Authority' s CCA Program implementation plan, risk management policies, or to take advantage of legislative or regulatory changes;

2. 5. 9 to issue revenue bonds and other forms of indebtedness;

2. 5. 10 to apply for, accept, and receive all licenses, permits, grants, loans or other assistance from any federal, state or local public agency;

2. 5. 11 to submit documentation and notices, register, and comply with orders, tariffs and agreements for the establishment and implementation ofthe CCA Program and other energy programs;

2. 5. 12 to adopt rules, regulations, policies, bylaws and procedures governing the operation of the Authority(" Operating Rules and Regulations");

2. 5. 13 to ma.ke and enter into service, energy and any other agreements necessary to plan, implement, operate and administer the CCA Program and other energy programs, including the acquisition of electric power supply and the provision ofretail and regulatory support services; and

2. 5. 14 to negotiate project labor agreements, community benefits agreements and collective bargaining agreements with the local building trades council and other interested parties.

2. 6 Limitation on Powers. As required by Government Code Section 6509, the power ofthe Authority is subject to the restrictions upon the manner of exercising power possessed by the City ofEmeryville and any other restrictions on exercising the powers of the Authority that may be adopted by the Board.

2. 7 Compliance with Local Zonin and Building Laws. Notwithstanding any other provisions ofthis Agreement or state law, any facilities, buildings or structures located, constructed or caused to be constructed by the Authority within the territory of the Authority shall comply with the General Plan, zoning and building laws of the local jurisdiction within which the facilities, buildings or structures are constructed and comply with the California Environmental Quality Act (" CEQA").

2. 8 Comqliance with the Brown Act. The Authority and its officers and employees shall comply with the provisions ofthe Ralph M. Brown Act, Government Code Section 54950 et seq.

2. 9 ComAliance with the Political Reform Act and Government Code Section 1090. The Authority and its officers and employees shall comply with the Political Reform Act Government Code Section 81000 et seq.) and Government Code Section 1090 et seq, and shall adopt a Conflict of Interest Code pursuant to Government Code Section 87300. The Board of 7-
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Directors may adopt additional conflict of interest regulations in the Operating Rules and Regulations.

ARTICLE 3

AUTHORITY PARTICIPATION

3. 1 Addition of Parties. Subject to Section 2. 2, relating to certain rights of Initial Participants, other incorporated municipalities and counties may become Parties upon( a) the adoption of a resolution by the governing body of such incorporated municipality or county requesting that the incorporated municipality or county, as the case may be, become a member of the Authority, ( b) the adoption by an affirmative vote of a majority of all Directors of the entire Board satisfying the requirements described in Section 4. 12, of a resolution authorizing membership of the additional incorporated municipality or county, specifying the membership payment, if any, to be made by the additional incorporated municipality or county to reflect its pro rata share of organizational, planning and other pre-existing expenditures, and describing additional conditions, if any, associated with membership, ( c) the adoption of an ordinance required by Public Utilities Code Section 366. 2( c)( 12) and execution ofthis Agreement and other necessary program agreements by the incorporated municipality or county, ( d) payment of the membership fee, if any, and( e) satisfaction of any conditions established by the Board.

3. 2 Continuing Participation. The Parties acknowledge that membership in the Authority may change by the addition and/ or withdrawal or termination of Parties. The Parties agree to participate with such other Parties as may later be added, as described in Section 3. l.

The Parties also agree that the withdrawal or termination of a Party shall not affect this Agreement or the remaining Parties' continuing obligations under this Agreement.

ARTICLE 4

GOVERNANCE AND INTERNAL ORGANIZATION

4. 1 Board of Directors. The governing body ofthe Authority shall be a Board of Directors(" Board") consisting of one director for each Party appointed in accordance with Section 4. 2.

4. 2 Appointment of Directors. The Directors shall be appointed as follows:

4. 2. 1 The governing body of each Party shall appoint and designate in writing one regular Director who shall be authorized to act for and on behalf of the Party on matters within the powers of the Authority. The governing body of each Party also shall appoint and designate in writing one alternate Director who may vote on matters when the regular Director is absent from a Board meeting. The person appointed and designated as the regular Director shall be a member ofthe governing body ofthe Party at the time of appointment but may continue to serve as a Director following his/her term as a member ofthe Party' s governing body until a new Director is appointed pursuant to the timing in Section 4.3. The person appointed and designated as the alternate Director shall also be a member ofthe governing body of a Party and the alternate may continue to serve 8-
412
as an alternate following his/ her term as a member of a Party' s governing body until a new alternate is appointed pursuant to the timing in Section

4. 3.

4. 2. 2 The Board shall also include one non- voting ex officio member as defined in 5ection 1. 1. 13 (" Ex Officio Board Member"). The Chair of the Community Advisory Committee, as described in Section 4. 9 below, shall serve as the Ex Officio Board Member. The Vice Chair of the Community Advisory Committee shall serve as an alternate Ex Officio Board Member when the regular Ex Officio Board Member is absent from a Board meeting.

4. 2. 3 The Operating Rules and Regulations, to be developed and approved by the Board in accordance with Section 2. 5. 12 may include rules regarding Directors, such as meeting attendance requirements. No Party shall be deprived of its right to seat a Director on the Board.

4. 3 Term of Office. Each regular and alternate Director shall serve at the pleasure of the governing body ofthe Party that the Director represents and may be removed as Director by such governing body at the time. If at any time a vacancy occurs on the Board because a Director is no longer a member of a Party' s governing body, the Party shall appoint a replacement to fill the position of the previous Director in accordance with the provisions of Section 4.2. 1 within ninety( 90) days ofthe date that such Director is no longer a member of a Party' s governing body or for any other reason that such position becomes vacant.

4. 4 uorum. A majority ofthe Directors ofthe entire Board shall constitute a quorum, except that less than a quorum may adjourn a meeting from time to time in accordance with law.

4. 5 Powers and Function of the Board. The Board shall conduct or authorize to be conducted all business and activities of the Authority, consistent with this Agreement, the Authority Documents, the Operating Rules and Regulations, and applicable law. Board approval shall be required for any ofthe following actions, which are defined as " Essential Functions":

4. 5. 1 The issuance of bonds or any other financing even if program revenues are expected to pay for such fmancing.

4. 5. 2 The hiring of a Chief Executive Officer and General Counsel.

4. 5. 3 The appointment or removal of an officer.

4. 5. 4 The adoption of the Annual Budget.

4. 5. 5 The adoption of an ordinance.

4. 5. 6 The initiation ofresolution of claims and litigation where the Authority will be the defendant, plaintiff, petitioner, respondent, cross complainant or cross petitioner, or intervenor; provided, however, that the Chief 9-
413
Executive Officer or General Counsel, on behalf of the Authority, may intervene in, become party to, or file comments with respect to any proceeding pending at the California Public Utilities Commission, the Federal Energy Regulatory Commission, or any other administrative agency, without approval ofthe Board. The Board shall adopt Operating Rules and Regulations governing the Chief Executive Officer and General Counsel' s exercise of authority under this Section 4. 5. 6.

4. 5. 7 The setting of rates for power sold by the Authority and the setting of charges for any other category of service provided by the Authority.

4. 5. 8 Termination of the CCA Program.

4. 6 Executive Committee. The Board shall establish an Executive Committee consisting of a smaller number of Directors. The Board may delegate to the Executive Committee such authority as the Board might otherwise exercise, subject to limitations placed on the Board' s authority to delegate certain Essential Functions, as described in Section 4. 5 and the Operating Rules and Regulations. The Board may not delegate to the Executive Committee or any other committee its authority under 5ection 2. 5. 12 to adopt and amend the Operating Rules and Regulations or its Essential Functions listed in Section 4. 5. After the Executive Committee meets or otherwise takes action, it shall, as soon as practicable, make a report of its activities at a meeting ofthe Board.

4. 7 Director Comnensation. Directors shall receive a stipend of$100 per meeting, as adjusted to account for inflation, as provided for in the Authority' s Operating Rules and Regulations.

4. 8 Commissions. Boards and Committees. The Board may establish any advisory commissions, boards and committees as the Board deems appropriate to assist the Board in carrying out its functions and implementing the CCA Program, other energy programs and the provisions ofthis Agreement. The Board may establish rules, regulations, policies, bylaws or procedures to govern any such commissions, boards, or committees and shall determine whether members shall be compensated or entitled to reimbursement for expenses.

4. 9 Communitv Advisory Committee. The Board shall establish a Community Advisory Committee consisting of nine members and three alternates, none of whom may be voting members of the Board. One alternate from the pool of three alternates may take the place of a Community Advisory Member when a Community Advisory Committee member cannot attend a meeting. The Community Advisory Committee member that is unable to attend a meeting must notify the alternates of their inability to attend and obtain confirmation that one of the Alternates can attend the Community Advisory Committee meeting in that member' s place.

The function ofthe Community Advisory Committee shall be to advise the Board ofDirectors on all subjects related to the operation of the CCA Program as set forth in a work plan adopted by the Board of Directors from time to time, with the exception of personnel and litigation decisions. The Community Advisory Committee is advisory only, and shall not have decision making authority, or receive any delegation of authority from the Board of Directors. The Board shall publicize the opportunity to serve on the Community Advisory Committee and shall 10-
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appoint members ofthe Community Advisory Committee and Alternates from those individuals expressing interest in serving, and who represent a diverse cross- section ofinterests, skill sets and geographic regions. Members ofthe Community Advisory Committee shall serve staggered four- years terms ( the first term of three of the members shall be two years, and four years thereafter), which may be renewed. A member or Alternate ofthe Community Advisory Committee may be removed by the Board ofDirectors by majority vote. The Board ofDirectors shall determine whether the Community Advisory Committee members will receive a stipend or be entitled to reimbursement of expenses.

4. 10 Chief Executive Officer. The Board of Directors shall appoint a Chief Executive Officer for the Authority, who shall be responsible for the day-to- day operation and management of the Authority and the CCA Program. The Chief Executive Officer may exercise all powers of the Authority, including the power to hire, discipline and terminate employees as well as the power to approve any agreement, if the expenditure is authorized in the Authority' s approved budget, except the powers specifically set forth in Section 4. 5 or those powers which by law must be exercised by the Board of Directors. The Board of Directors shall provide procedures and guidelines for the Chief Executive Officer exercising the powers of the Authority in the Operating Rules and Regulations.

4. 11 General Counsel. The Board of Directors shall appoint a General Counsel for the Authority, who shall be responsible for providing legal advice to the Board ofDirectors and overseeing all legal work for the Authority.

4. 12 Board Votin.

4. 12. 1 Percentage Vote. Except when a supermajority vote is expressly required by this Agreement or the Operating Rules and Regulations, action of the Board on all matters shall require an affirmative vote ofa majority of all Directors on the entire Board( a" Percentage Vote" as defined in Section

1. 1. 20). A supermajority vote is required by this Agreement for the matters addressed by Section 8. 4. When a supermajority vote is required by this Agreement or the Operating Rules and Regulations, action of the Board shall require an affirmative Percentage Vote ofthe specified supermajority of all Directors on the entire Board. No action can be taken by the Board without an affirmative Percentage Vote. Notwithstanding the foregoing, in the event of a tie in the Percentage Vote, an action may be approved by an affirmative " Voting Shares Vote," as defined in Section

1. 1. 22, if three or more Directors immediately request such vote.

4. 12. 2 Voting Shares Vote. In addition to and immediately after an affirmative percentage vote, three or more Directors may request that, a vote ofthe voting shares shall be held( a" Voting Shares Vote" as defined in Section

1. 1. 22). To approve an action by a Voting Shares Vote, the corresponding voting shares ( as defined in Section 1. 1. 23 and Exhibit C) of all Directors voting in the affirmative shall exceed 50% of the voting share of all Directors on the entire Board, or such other higher voting shares percentage expressly required by this Agreement or the Operating Rules 11-
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and Regulations. In the event that any one Director has a voting share that equals or exceeds that which is necessary to disapprove the matter being voted on by the Board, at least one other Director shall be required to vote in the negative in order to disapprove such matter. When a voting shares vote is held, action by the Board requires both an affirmative Percentage Vote and an affirmative Voting Shares Vote. Notwithstanding the foregoing, in the event of a tie in the Percentage Vote, an action may be approved on an affirmative Voting Shares Vote. When a supermajority vote is required by this Agreement or the Operating Rules and Regulations, the supermajority vote is subject to the Voting Share Vote provisions ofthis Section 4. 12. 2, and the specified supermajority of all Voting Shares is required for approval ofthe action, ifthe provision ofthis Section 4. 12. 2 are triggered.

4. 13 Meetin s and Suecial Meetings of the Board. The Board shall hold at least four regular meetings per year, but the Board may provide for the holding of regular meetings at more frequent intervals. The date, hour and place of each regular meeting shall be fixed by resolution or ordinance of the Board. Regular meetings may be adjourned to another meeting time. Special and Emergency meetings ofthe Board may be called in accordance with the provisions of California Government Code Section 54956 and 54956.5. Directors may participate in meetings telephonically, with full voting rights, only to the extent permitted by law.

4. 14 Officers.

4. 141 Chair and Vice Chair. Prior to the end of the fiscal year, the Directors shall elect, from among themselves, a Chair, who shall be the presiding officer of all Board meetings, and a Vice Chair, who shall serve in the absence ofthe Chair. The newly elected Chair and Vice Chair shall commence serving in those capacities on July 1, except that no separate election shall be required for Fiscal Year 2018- 2019 and the Chair and Vice Chair elected in 2018 shall continue to serve until the end of the 2018- 2019 Fiscal Year. The Chair and Vice Chair shall hold office for one year and serve no more than two consecutive terms, however, the total number ofterms a Director may serve as Chair or Vice Chair is not limited. The office ofeither the Chair or Vice Chair shall be declared vacant and the Board shall make a new selection if: (a) the person serving dies, resigns, or ceases to be a member ofthe governing body of a Party that person represents, except ifthe person is continuing to serve on the Board after that person no longer serves on the governing body in conformance with section 4. 2. 1; ( b) the Party that the person represents removes the person as its representative on the Board, or( c) the Party that the person represents withdraws from the Authority pursuant to the provisions ofthis Agreement.

4. 14.2 Secretary. The Board shall appoint a Secretary, who need not be a member ofthe Board, who shall be responsible for keeping the minutes of all meetings of the Board and all other official records of the Authority. 12-
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4. 14. 3 Treasurer and Auditor. The Board shall appoint a qualified person to act as the Treasurer and a qualified person to act as the Auditor, neither of whom needs to be a member of the Board. The same person may not simultaneously hold both the office of Treasurer and the office of the Auditor of the Authority. Unless otherwise exempted from such requirement, the Authority shall cause an independent audit to be made annually by a certified public accountant, or public accountant, in compliance with Section 6505 of the Act. The Treasurer shall act as the depositary of the Authority and have custody of all the money ofthe Authority, from whatever source, and as such, shall have all ofthe duties and responsibilities specified in Section 6505. 5 ofthe Act. The Board may require the Treasurer and/ or Auditor to file with the Authority an official bond in an amount to be fixed by the Board, and if so requested, the Authority shall pay the cost of premiums associated with the bond.

The Treasurer shall report directly to the Board and shall comply with the requirements oftreasurers of incorporated municipalities. The Board may transfer the responsibilities ofTreasurer to any person or entity as the law may provide at the time.

4. 15 Administrative Services Provider. The Board may appoint one or more administrative services providers to serve as the Authority' s agent for planning, implementing, operating and administering the CCA Program, and any other program approved by the Board, in accordance with the provisions of an Administrative Services Agreement. The appointed administrative services provider may be one ofthe Parties. The Administrative Services Agreement shall set forth the terms and conditions by which the appointed administrative services provider shall perform or cause to be performed all tasks necessary for planning, implementing, operating and administering the CCA Program and other approved programs.

The Administrative Services Agreement shall set forth the term of the Agreement and the circumstances under which the Administrative Services Agreement may be terminated by the Authority. This section shall not in any way be constnted to limit the discretion of the Authority to hire its own employees to administer the CCA Program or any other program.

4. 16 Operational Audit. The Authority shall commission an independent agent to conduct and deliver at a public meeting ofthe Board an evaluation ofthe performance ofthe CCA Program relative to goals for renewable energy and carbon reductions. The Authority shall approve a budget for such evaluation and shall hire a firm or individual that has no other direct or indirect business relationship with the Authority. The evaluation shall be conducted at least once every two years.

ARTICLE 5

IMPLEMENTATION ACTION AND AUTHORITY DOCUMENTS

5. 1 Implementation of the CCA Pro ram.

5. 1. 1 Enabling Ordinance. Prior to the execution ofthis Agreement, each Party shall adopt an ordinance in accordance with Public Utilities Code 13-
417
Section 366. 2( c)( 12) for the purpose of specifying that the Party intends to implement a CCA Program by and through its participation in the Authority.

5. 1. 2
Implementation Plan. The Authority shall cause to be prepared an Implementation Plan meeting the requirements of Public Utilities Code Section 366. 2 and any applicable Public Utilities Commission regulations as soon after the Effective Date as reasonably practicable. The Implementation Plan shall not be filed with the Public Utilities Commission until it is approved by the Board in the manner provided by Section 4. 12.

5. 1. 3 Termination of CCA Program. Nothing contained in this Article or this Agreement shall be construed to limit the discretion of the Authority to terminate the implementation or operation of the CCA Program at any time in accordance with any applicable requirements of state law.

5. 2 Other Authoritv Documents. The Parties acknowledge and agree that the operations ofthe Authority will be implemented through various documents duly adopted by the Board through Board resolution or minute action, including but not necessarily limited to the Operating Rules and Regulations, the annual budget, and specified plans and policies defined as the Authority Documents by this Agreement. The Parties agree to abide by and comply with the terms and conditions of all such Authority Documents that may be adopted by the Board, subject to the Parties' right to withdraw from the Authority as described in Article 7.

5. 3
Integrated Resource Plan. The Authority shall cause to be prepared an Integrated Resource Plan in accordance with CPUC regulations that will ensure the long- term development and administration of a variety of energy programs that promote local renewable resources, conservation, demand response, and energy efficiency, while maintaining compliance with the State Renewable Portfolio standard and customer rate competitiveness. The Authority shall prioritize the development of energy projects in Alameda and adjacent counties. Principal aspects ofits planned operations shall be in a Business Plan as outlined in Section 5. 4 of this Agreement.

5. 4 Business Plan. The Authority shall cause to be prepared a Business Plan, which will include a roadmap for the development, procurement, and integration of local renewable energy resources as outlined in Section 5. 3 of this Agreement. The Business Plan shall include a description of how the CCA Program will contribute to fostering local economic benefits, such as job creation and community energy programs. The Business Plan shall identify opportunities for local power development and how the CCA Program can achieve the goals outlined in Recitals 3 and 6 of this Agreement. The Business Plan shall include specific language detailing employment and labor standards that relate to the execution ofthe CCA Program as referenced in this Agreement. The Business Plan shall identify clear and transparent marketing practices to be followed by the CCA Program, including the identification ofthe sources of its electricity and explanation of the various types of electricity procured by the Authority. The Business Plan shall cover the first five (5) years ofthe operation ofthe CCA Program. Progress on the implementation ofthe Business Plan shall be subject to annual public review. 14-
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5. 5 Labor Or anization Neutralitv. The Authority shall remain neutral in the event its employees, and the employees ofits subcontractors, if any, wish to unionize.

5. 6 Renewable Portfolio Standards. The Authority shall provide its customers renewable energy primarily from Category 1 eligible renewable resources, as defined under the California RPS and consistent with the goals ofthe CCA Program. The Authority shall not procure energy from Category 3 eligible renewable resources ( unbundled Renewable Energy Credits or RECs) exceeding 50% of the State law requirements, to achieve its renewable portfolio goals. However, for Category 3 RECs associated with generation facilities located within its service jurisdiction, the limitation set forth in the preceding sentence shall not apply.

ARTICLE 6

FINANCIAL PROVISIONS

6. 1 Fiscal Year. The Authority' s fiscal year shall be 12 months commencing July 1 and ending June 30. The fiscal year may be changed by Board resolution.

6. 2 Depositorv.

6. 2. 1 All funds of the Authority shall be held in separate accounts in the name ofthe Authority and not commingled with funds of any Party or any other person or entity.

6. 2. 2 All funds ofthe Authority shall be strictly and separately accounted for, and regular reports shall be rendered ofall receipts and disbursements, at least quarterly during the fiscal year. The books and records ofthe Authority shall be open to inspection by the Parties at all reasonable times.

6. 2. 3 All expenditures shall be made in accordance with the approved budget and upon the approval of any officer so authorized by the Board in accordance with its Operating Rules and Regulations. The Treasurer shall draw checks or warrants or make payments by other means for claims or disbursements not within an applicable budget only upon the prior approval of the Board.

6. 3 Bud et and Recovery Costs.

6. 3. 1 Budget. The initial budget shall be approved by the Board. The Board may revise the budget from time to time through an Authority Document as may be reasonably necessary to address contingencies and unexpected expenses. All subsequent budgets ofthe Authority shall be prepared and approved by the Board in accordance with the Operating Rules and Regulations.

6. 3. 2 Funding of Initial Costs. The County shall fund the Initial Costs of establishing and implementing the CCA Program. In the event that the CCA Program becomes operational, these Initial Costs paid by the County and any specified interest shall be included in the customer charges for 15-
419
electric services to the extent permitted by law, and the County shall be reimbursed from the payment of such charges by customers ofthe Authority. The Authority may establish a reasonable time period over which such costs are recovered. In the event that the CCA Program does not become operational, the County shall not be entitled to any reimbursement of the Initial Costs.

6.3.4 Additional Contributions and Advances. Pursuant to Government Code Section 6504, the Parties may in their sole discretion make financial contributions, loans or advances to the Authority for the purposes of the Authority set forth in this Agreement. The repayment of such contributions, loans or advances will be on the written terms agreed to by the Party making the contribution, loan or advance and the Authority.

ARTICLE 7

WITHDRAWAL AND TERMINATION

7. 1 Withdrawal.

1. 1 General Right to Withdraw. A Party may withdraw its membership in the Authority, effective as ofthe beginning ofthe Authority' s fiscal year, by giving no less than 180 days advance written notice of its election to do so, which notice shall be given to the Authority and each Party.

Withdrawal of a Party shall require an affirmative vote ofthe Party' s governing board.

7. 1. 2 Withdrawal Following Amendment. Notwithstanding Section 7. 1. 1, a Party may withdraw its membership in the Authority following an amendment to this Agreement provided that the requirements ofthis Section 7. 1. 2 are strictly followed. A Party shall be deemed to have withdrawn its membership in the Authority effective 1 SO days after the Board approves an amendment to this Agreement ifthe Director representing such Party has provided notice to the other Directors immediately preceding the Board' s vote ofthe Party' s intention to withdraw its membership in the Authority should the amendment be approved by the Board.

7. 1. 3 The Right to Withdraw Prior to Program Launch. After receiving bids from power suppliers for the CCA Program, the Authority must provide to the Parties a report from the electrical utility consultant retained by the Authority comparing the Authority' s total estimated electrical rates, the estimated greenhouse gas emissions rate and the amount of estimated renewable energy to be used with that of the incumbent utility. Within 30 days after receiving this report, through its City Manager or a person expressly authorized by the Party, any Party may immediately withdraw its membership in the Authority by providing written notice of withdrawal to the Authority ifthe report determines that any one ofthe following 16-
420
conditions exists: ( 1) the Authority is unable to provide total electrical rates, as part of its baseline offering to customers, that are equal to or lower than the incumbent utility, (2) the Authority is unable to provide electricity in a manner that has a lower greenhouse gas emissions rate than the incumbent utility, or( 3) the Authority will use less qualified renewable energy than the incumbent utility. Any Party who withdraws from the Authority pursuant to this Section 7. 1. 3 shall not be entitled to any refund ofthe Initial Costs it has paid to the Authority prior to the date of withdrawal unless the Authority is later terminated pursuant to Section

7. 3. In such event, any Initial Costs not expended by the Authority shall be returned to all Parties, including any Party that has withdrawn pursuant to this section, in proportion to the contribution that each made.

Notwithstanding anything to the contrary in this Agreement, any Party who withdraws pursuant to this section shall not be responsible for any liabilities or obligations ofthe Authority after the date of withdrawal, including without limitation any liability arising from power purchase agreements entered into by the Authority.

7. 2 Continuin Liabilitv After Withdrawal: Further Assurances; Refund. A Party that withdraws its membership in the Authority under either Section 7. 1. 1 or 7. 1. 2 shall be responsible for paying its fair share of costs incurred by the Authority resulting from the Party' s withdrawal, including costs from the resale of power contracts by the Authority to serve the Party' s load and any similar costs directly attributable to the Party' s withdrawal, such costs being limited to those contracts executed while the withdrawing Party was a member, and administrative costs associated thereto. The Parties agree that such costs shall not constitute a debt ofthe withdrawing Party, accruing interest, or having a maturity date. The Authority may withhold funds otherwise owing to the Party or may require the Party to deposit sufficient funds with the Authority, as reasonably determined by the Authority, to cover the Party' s costs described above. Any amount ofthe Party' s funds held by the Authority for the benefit ofthe Party that are not required to pay the Party' s costs described above shall be returned to the Party.

The withdrawing party and the Authority shall execute and deliver all further instruments and documents, and take any further action that may be reasonably necessary, as determined by the Board, to effectuate the orderly withdrawal of such Party from membership in the Authority. A withdrawing party has the right to continue to participate in Board discussions and decisions affecting customers ofthe CCA Program that reside or do business within the jurisdiction ofthe Party until the withdrawal' s effective date.

7. 3 Mutual Terminallon. This Agreement may be terminated by mutual agreement of all the Parties; provided, however, the foregoing shall not be construed as limiting the rights of a Party to withdraw its membership in the Authority, and thus terminate this Agreement with respect to such withdrawing Party, as described in Section 7. 1.

7. 4 Disuosition of Propertv upon Termination of Authoritv. Upon termination of this Agreement as to all Parties, any surplus money or assets in possession ofthe Authority for use under this Agreement, after paytnent of all liabilities, costs, expenses, and charges incurred under this Agreement and under any Authority Documents, shall be returned to the then-existing Parties in proportion to the contributions made by each. 17-
421
ARTICLE 8
MISCELLANEOUS PROVISION5

8. 1 Dispute Resolution. The Parties and the Authority shall make reasonable efforts to settle all disputes arising out of or in connection with this Agreement. Before exercising any remedy provided by law, a Party or the Parties and the Authority shall engage in nonbinding mediation in the manner agreed upon by the Party or Parties and the Authority. The Parties agree that each Party may specifically enforce this section 8. 1. In the event that nonbinding mediation is not initiated or does not result in the settlement of a dispute within 120 days after the demand for mediation is made, any Party and the Authority may pursue any remedies provided by law.

8. 2 Liabilitv of Directors. Officers. and Emplovees. The Directors, officers, and employees ofthe Authority shall use ordinary care and reasonable diligence in the exercise of their powers and in the performance of their duties pursuant to this Agreement. No current or former Director, officer, or employee will be responsible for any act or omission by another Director, officer, or employee. The Authority shall defend, indemnify and hold harmless the individual current and former Directors, officers, and employees for any acts or omissions in the scope oftheir employment or duties in the manner provided by Government Code Section 995 et seq. Nothing in this section shall be construed to limit the defenses available under the law, to the Parties, the Authority, or its Directors, officers, or employees.

8. 3
Indemnification of Parties. The Authority shall acquire such insurance coverage as the Board deems necessary to protect the interests ofthe Authority, the Parties and the public.

Such insurance coverage shall name the Parties and their respective Board or Council members, officers, agents and employees as additional insureds. The Authority shall defend, indemnify and hold harmless the Parties and each oftheir respective Board or Council members, officers, agents and employees, from any and all claims, losses, damages, costs, injuries and liabilities of every kind arising directly or indirectly from the conduct, activities, operations, acts, and omissions ofthe Authority under this Agreement.

8. 4 Amendment of this Agreement. This Agreement may be amended in writing by a two-thirds affirmative vote of the entire Board satisfying the requirements described in Section

4. 12. Except that, any amendment to the voting provisions in Section 4. 12 may only be made by a three- quarters affirmative vote ofthe entire Board. The Authority shall provide written notice to the Parties at least 30 days in advance of any proposed amendment being considered by the Board. If the proposed amendment is adopted by the Board, the Authority shall provide prompt written notice to all Parties of the effective date of such amendment along with a copy of the amendment.

8. 5 Assi nment. Except as otherwise expressly provided in this Agreement, the rights and duties ofthe Parties may not be assigned or delegated without the advance written consent of all ofthe other Parties, and any attempt to assign or delegate such rights or duties in contravention ofthis Section 8. 5 shall be null and void. This Agreement shall inure to the benefit of, and be binding upon, the successors and assigns ofthe Parties. This Section 8. 5 does not prohibit a Party from entering into an independent agreement with another agency, person, or entity regarding the fmancing ofthat Party' s contributions to the Authority, or the disposition of 18-
422
proceeds which that Party receives under this Agreement, so long as such independent agreement does not affect, or purport to affect, the rights and duties ofthe Authority or the Parties under this Agreement.

8. 6 Severabilitv. If one or more clauses, sentences, paragraphs or provisions ofthis Agreement shall be held to be unlawful, invalid or unenforceable, it is hereby agreed by the Parties, that the remainder of the Agreement shall not be affected thereby. Such clauses, sentences, paragraphs or provision shall be deemed reformed so as to be lawful, valid and enforced to the maximum extent possible.

8. 7 Further Assurances. Each Party agrees to execute and deliver all further instruments and documents, and take any further action that may be reasonably necessary, to effectuate the purposes and intent ofthis Agreement.

8. 8 Execution bv Counterqarts. This Agreement may be executed in any number of counterparts, and upon execution by all Parties, each executed counterpart shall have the same force and effect as an original instrument and as if all Parties had signed the same instrument.

Any signature page ofthis Agreement may be detached from any counterpart ofthis Agreement without impairing the legal effect of any signatures thereon, and may be attached to another counterpart ofthis Agreement identical in form hereto but having attached to it one or more signature pages.

8. 9 Parties to be Served Notice. Any notice authorized or required to be given pursuant to this Agreement shall be validly given if served in writing either personally, by deposit in the United States mail, first class postage prepaid with return receipt requested, or by a recognized courier service. Notices given( a) personally or by courier service shall be conclusively deemed received at the time of delivery and receipt and( b) by mail shall be conclusively deemed given 72 hours after the deposit thereof( excluding Saturdays, Sundays and holidays) if the sender receives the return receipt. All notices shall be addressed to the office of the clerk or secretary of the Authority or Party, as the case may be, or such other person designated in writing by the Authority or Party. In addition, a duplicate copy of all notices provided pursuant to this section shall be provided to the Director and alternate Director for each Party. Notices given to one Party shall be copied to all other Parties. Notices given to the Authority shall be copied to all Parties. All notices required hereunder shall be delivered to:

The County ofAlameda
Director, Community Development Agency
224 West Winton Ave.

Hayward, CA 94612
With a copy to:

Office ofthe County Counsel
1221 Oak Street, Suite 450
Oakland, CA 94612
19-
423
ifto: City of Lathro
Office of the City Clerk
390 Towne Centre Drive
Lathrop, CA 95330
Office of the City Manager
390 Towne Centre Drive
Lathrop, CA 95330
Office of the City Attorney
390 Towne Centre Drive
Lathrop, CA 95330
With a co Y to:

Department of Public Works
390 Towne Centre Drive
Lathrop, CA 95330
20-
424
ARTICLE 9

SIGNATURE
IN WITNESS WHEREOF, the Parties hereto have executed this Joint Powers Agreement establishing the East Bay Community Energy Authority.

CITY OF LATHROP,
A California municipal corporation of the
State of California
By:

Stephen J. Salvatore Date
City Manager
ATTEST:

City Clerk of and for the City
of Lathrop, State of California
By:

Teresa Vargas Date
City Clerk

APPROVED AS TO FORM BY THE CITY OF LATHROP CITY ATTORNEY By: 7 s- z..o,. 3
Salvador Navarrete Date
City Attorney
21-
425
224 West Winton Ave.

Haywazd, CA 94612
With a copy to:

Office of the County Connsel
I221 Oak Street, Suite 450
Oakland, CA 94612
ifto [ PARTY No.__]
O ce ofthe City Clerk
y/
4ffice o agerlAdministrator
G' ?-.. G —
Off fthe City Attorney
t..' t„' —
o i J
ifto[ PARTY No.
rJffice f:he City r erk
4ffice ofthe Cit NlanagerlAdministrator
Uffice afthe City Attorney
Decembar l, 201b 20_
426
A.RTICLE 9

SIGNATURE
IN WITNESS WHEREOF, the Parties hereto have executed this Joint Powers Agreement esta.blishing the East Bay Community Energy Authority.

By_
Name: Scott Haggerty
Title: Roard President
Date: Januaty, 2017
Party: Cownty of Alameda
APPROVED AS TO FORM:

DONNA R. ZIEGLER, COUNTY COUNSEL .

By:
4,. G c,/
Andrea L. Weddle
Chief Assistant County Counsel
December 1, 2016 21-
427
ARTICLE 9
3IGNATURE
IN WITNESS WHEREOF, the Parkies hereto have executed this Joint Powers Agreement estab" ' the East Bay Community Energy Authority.

By:

NAIT16'-. ' t+".` Y' t.
de: 1-..'' 1-_..

Date: 1'`. ` c--' . C.sl
pgity; s „: a
PP 4 i'
r.
j ,_ C , 1.,
w,"
ATtCJ tt#; Y Q p TN N4F p
i cs 4;i{.ef: 5..; k' i
ser 4 ' f'(/)/! •
t . f, _,`--+
c. r:'
t:.:' r:i.:.:.ci;.,::

ATTEST for the C ofBerkeley
City Clcrk
necember i, 2U16 21-
428
with a copy to:

Office ofthe County Couusel
1221 Oak Street, Suite 450
4akland, GA 94612
ifto [PARTY Na.

City of Dublin
City Manager
1 UO Civic Plaza
Dub] in, CA 94568
Meyers Nav
City Attorney
555 I2` Str t, Suite 1500
Oakland, CA 9460' 7
ifta [ PARTY No.

O ce ofthe City Clerk
4 ice of#he City Manager/ Adminastr atar
Office ofthe City Attorney
Deccmber 1, 2fl16 20-
429
ARTICLE 9

SIGNATURE
IN WITNESS WHEI( 5r, the Parties hereto have executed this Joint Powers Agteemeut establislu Bay Community Authority.

BY
stopher L. Foss, City Manag,
City ofDubiiri
Date: 2 I
Party:

I3ecember 1, 2d16 21-
430
224 West Winton Ave.

Hayward, CA 94612
With a copy to:

Office of the Coimty Counse!
1221 Oalc Stre t, Swite 45Q
Oakiand, CA 94612
ifto: City of Emeryville
Of' ice afthe City Clerk
1333 Pazk Aven
Emeryville, CA 94608
Office of the City Manager
1333 Park Avenue
Emeryville, CA 94608
Office ofthe City Attrn ney
1333 Park Avenue
Emeryville, CA 946Q$
ifto[ PARTY No.

Office ofthe City Cierk
Office of the City Manager/ Administrator
Office ofthe City Attarney
December 1, 2016 2Q431
AR'TICLE 9

SIGNATURE
IN WITNESS WHEREOF, the Parties hereto have executed this Joirst Powers Agreement establishing the East Bay Community Et ergy Authority.

By:

Name: Carolyn Le
Title: City Manager
D t: 1 t - I
Party: City ofErneryville
APPROVED AS TO F .
1 A. Guina, City Attorney
December 1, 2016 21-
432
224 West Wintan Ave.

Hayward, CA 94fi12
With a copy to:

Office of the County Counsei
1221 Oak Street, Suite 4S0
Oakland, CA 94612
ifto jPARTY No. __]
City of Fremont
Of ce of the City Clerk
3300 Capitol Ave., Buiiding A
Fremont, CA 94538
Office of the City Manager/ Admuustrator
33U0 Capitol Ave., Buitding A
Fremont, CA 9453$
Office of the City Attarney
3304 Capitol Ave., Building A
Fremont, CA 9453$
ifto [PARTY No.

Ufiice of the City Clerk
Off'ice of the City Manager/Administrator
Office of the City Attorney
December 1, 201b 20-
433
ARTICLE 9

SIGNATURE
IN WITNESS WHEREOF, the Parties hereta have e cecuted# his Joint Powers Agreoment establishing the East Bay Community Energy Authori#y.

By: ,
Name: von 8on c
Title:

Da#e: .." " ,/
Party:
l ItfJNNRD AS E`Q FOR` i:

Lie ttl'u. MaYgalii
Assistaet City Atnor sa
December l, 2Q16 21-
434
The County of Alameda
Directvr, Comununity DeveIopment Agency
224 West Winton Ave.

Hayv+ard, CA 94612
With a copy to:

Office of e Couuriy Caunsel
1221 Oak Street, Suite 450
Oskland, CA 94512
Ciiy of Hav v rd
Uf ice oftb.e City Manager
City of Hayward
777 B Street
Hayward, CA 94541
With a capy to:

Of ice of the City Attorney
City of Hayward
777 B Strest
Hayward, CA 94541
ARTICLE 9

SIGNATURE
IN WITNESS Wi TcEOF, the Parties hereta have executed this Joint Fowers Agreement establishing the East Hay Community Energy Autlwrity.

CTTY QF AAYWARID, A Municipal Corpontion
Daxe of Approvai:,,1 16 Zt J fo
A sT. u . tu,
Kelly McAdoa, City Manager Miriam Lens, City Clerk
PRovE u as To Fo
ic el awson, City A ixney
435
224 West Winton Ave.

Hayward, CA 946I2
With a copy to:

Office ofthe County Counsel
122I Oak Street, Suite 450
Oakland, CA 94612
ifto City of Livezmore
City C1erk' s Officc
1452 South Livetmore Avenue
Livermore, CA 94550
With a copy to:

Public Works Deparbnent
Attn; Public RTorks Managea
3500 Robertson Psrk Road
Livermore, CA 94554
necember 1, 2ot6 20-
436
ARTICLE 9

SIGNATURE
IN W'ITNFSS WHEREOF, the Parties hexeto have executed# his Joint Poa ers Agreexnent est blishing the East B Co Energy Authority.

By.

Natne: aE vL!_ a
Titie:

Date:
r_..
parcy; 1 : Y'',
A l QVm
Dacember i, 20] 6 21-
437
22A West Winton Ave.

Hayward, CA 94512
With a copy to:

Office ofthe County Counsel
1221 Oak Street, Suite 450
Oakland, CA 94612
ifto{ PARTY No._
Office of the City Clerk
I ?—x wk. Il. Da w f o
A h 44t.t
Office ofthe City D 4ar ger/Administratar
Mrc N. . t Rwzss
o A b
Office ofthe City Attorney
ifto[ PARTY No.

Office afthe City Clerk
Office ofthe City Manager/ Administrator
Office of the City Attorney
Dectmber 1, 2016 2U438
Y
ARTICLE 9

SIGNATURE
IN WIT[YESS WHERE F, the Parties hereto have execute dus Joint Powers Agreeme establishing the East Bay Community Energy Authority.

By: % AC--- . .' S'
Name: + A A j3,' o
Title: . i` Y l'?'! tSrl` f37 1.

Date: 7 / e
P ty:_ t 91Cc,
Deccmber 1, 2016 21-
439
ARTICLE 9

SIGNATURE
IN WITNESS WHEREOF, the Paities h eto have executed this Joint Powers Agre nent establishing the East Bay CQmmunity Eaiergy Authority.
y:

Name• r. .

Title: t ti t
Date: -- f
Party: 1- ° t" t c° d`'
n, 20 21-
440
force and effect as an ariginai instcvment and as if! 1 Parties had signed the same instrument.

Any signature page of this Agreement may be detach t from any counterpart ofthis Agreement without impairing the Iegai effect ofany signatures thereon, and may be attached to another counterpact ofthis Agreement identical in form hereto bat having attached to it ane or more siguature pages.

8. 9 Parties to be Served Notice. Any notice authorized or rcquired to be given pursuant to this Agreement shall be validly given if served in writing either per onally, by deposit in ffie United States mail, first class postage prepaid with retum receipt r quested, or by a recognzzed courier service. Notices given( a) personally or by caurier service shall be conclusively deemed received at the time of delivery and receipt a,t d{ b) by mail shall be concIusively deemed given 72 hours after the deposit thereof( excluding Saturdays, Stwdays and holidays) ifthe sender receives the return receipt. All notices shall be ddressed to#he office vf the clerk or secre#ary of the Autharity or Party, as the case may be, or such other person designated in writing by the Authority ar Party. In addition, a d zplicate copy ofall notices provided pursuant to this section shall be pro rided to the Director and alternate Director for each Party. Notices given to one Parly shall be copied to all other Parties. Norices given ta the Authority shall be copied to all Parties. Al] notices required hereunder shall be delivered to:

The County of Alameda
Director, Community Development Agency
224 West Winton Ave.

Hayward, CA 94612
With a copy fio:

Office of the County Counsel
1221 Oak Street, Suite 450
Oa cland, CA 94612
ifto the City of San Leandro
Office of the City Clerk
835 East 14' Street
San l.eandro, CA 94577
Office of the City Manager/Aciministzator
835 East 14' Street
San Leandro, CA 94577
Office of the City Attarney
835 FJast 14' Street
San Leandra, CA 94577
441
ARTICLE 9

SIGNATURE
IN TTNESS WHEREOF, the Parties hereto have executed tbis Joint Powers Agreement establishing the East Bay Community Energy Authority.

C1TY OF SA LEANDRO
d
Chris Zapata, Gity anager
At est !
t
Tamika Greenvuood, City Clerk
Approve as o Foim:
r
ard D. Pio R , Ci r At orney
442
224 West Wintan Ave.

Ha.yward, CA 94612
With a coPY to:

Qffiice ofthe Caunty Counsel
1221 Oak Street, Suite 450
Oakland, CA 94612
ifto The City ofUnion City[ PARTY No. 12]
Office of the City Clerk
Anna.M. B+owa, City Clerk
34009 AlvaradQNilcs Road
Union City, CA 94587
Decambor l, 2Q16 20-
443
ARTICLE 9.

SIGNATURE
IN WITNESS WHEREOF, the Parkies hereto have executed this Joint Powers Agreement establishing the East Bay Co muni Energy A rity.

By.

Name: Mark Evanaff
Title: Deputv Cit Mana er
Date: December 5 241 b
Party: The City of Union City
December I, 2Q16 21-
444
East Bay Community Energy( EBCE)
1999 Harrison Street, Suite 800
Oakland CA 94612
ifto Newark
Office of the City Clerk
37101 Newark Boulevard
Newark, CA 94560
Office of the City Manager/ Administrator
37101 Newark Boulevard
Newark, CA 94560
Office of the City Attorney
37101 Newark Boulevard
Newark, CA 94560
445
ARTICLE 9

SIGNATURE
IN WITNE WHEREOF, the Parties hereto have executed this Joint Powers Agreement establishing the ay Community Energy Authority.

By:

Name: avid J. enoun
Title. City Manager
Date: November 18, 2019
Party: O l w t
446
ARTICLE 9

SIGNATURE
IN WITNESS WHEREOF, the Parties hereto have executed this Joint Powers Agreement establishing the East Bay Community Energy Authority.

CITY OF PLEASANTON, a municipal corporation
Date: November, 2019
ATTES . t"i ...

Nelson ialha, City Manager aren iaz, City Clerk
J2
APPROVED AS T FORM:
f p..`
Daniel G. Sodergren, City Attorney
447
III
i
ARTICLE 9

SIGNATURE
IN WITNESS WHEREOF, the Parties hereto have executed this Joint Powers Agreement establishing the East Bay Community Energy Authority.

By.-'.' v -
Name: Robert Rickman
Title: Mayor
Date: _ //- 7-/ 9 j
Party: C/ k.¢.

I
i
i

APPRO ED AS TO FORM
L ' ia Ramirez, City Attorn
ATTE
A anne Richardson, City Clerk
I
448
A tTICLE 9

SIGNATURE
IN WITNESS WHEREOF, the Parties hereto have executed this Joir t Powers Agreement establishing the t Bay Community Energy Authority.

By:
i
Name: Harry Black
Title: City Manager
Date:

Party: Citv of Stackton
pBD lU,
fl-" S'
F.TfES1: a-` ',,

CLERK OF THE C OF ST
o!, ,
A Y
a
j I
w
RYot'
i
A PRO'VED AS' P i, C.
y
Atto[ f} r
I
I
449

EXHIBIT A

LIST OF THE PARTIES
This Exhibit A is effective as of September 21, 2022.

County of Alameda
City ofAlbany
City of Berkeley
City of Dublin
City of Emeryville
City of Fremont
City of Hayward
City of Livermore
City of Newark
City of Oakland
City of Piedmont
City of Pleasanton
City of San Leandro
City of Stockton
City of Tracy
City of Union City
450

EXHIBIT B

ANNUAL ENERGY USE
This Exhibit B is effective as of September 21, 2022.

Par' ty kWh ( 2021)
Albany 51, 776, 870
Berkeley 3 70, 191, 096
Dublin 254, 391, 482
Emeryville 170, 415, 886
Fremont 1, 152, 160, 067
Hayward 685, 960, 209
Livermore 441, 369, 886
Newark 263, 309, 620
Oakland 1, 749, 739, 631
Piedmont 29, 230,795
Pleasanton 405, 288, 495
San Leandro 448, 938, 229
Stockton 1, 388, 481, 371
Tracy 434, 861, 665
Unincorporated 47], 391, 155
Union City 269, 516, 289
Total 8, 587, 022, 746
All data provided by PG& E
451

EXHIBIT C
VOTING SHARE5
This Exhibit C is effective as of September 21, 2022.

Party kWh ( 2021) Voting Shares
Section 4. 12. 2
Albany 51, 776, 870 p. 6/ a
Berkeley 370, 191, 096 4. 3%
Dublin 254, 391, 482 3. p/ a
Emeryville 170, 415, 886 2. Q%
Fremont 1, 152, 160, 067 13. 4°/a
Hayward 685, 960, 209 8. p%
Livermore 441, 369, 886 5. 1%
Newark 263, 309, 620 3. 1%
Oakland 1, 749, 739, 631 20. 4%
Piedmont 29, 230, 795 0, 3/ a
Pleasanton 405, 288, 495 4. 7%
San Leandro 448,938, 229 5. 2%
Stockton 1, 388, 481, 371 16. 2%
Tracy 434, 861, 665 5. 1%
Unincorporated 471, 391, 155 5. 5%
Union City 269, 516, 289 3 1%
Total 8, 587, 022, 746 100%
All data provided by PG& E
452
CITY MANAGER' S REPORT ITEM 5. 2
7ULY 10, 2023 CITY COUNCIL REGULAR MEETING
ITEM: PUBLIC HEARING ( PUBLISHED NOTICE) TO
CONSIDER FISCAL YEAR 2023/ 24 ASSESSMENTS

FOR THE LANDSCAPE AND LIGHTING MAINTENANCE
DISTRICT NO. 93- 1 WOODFIELD PARK

MAINTENANCE ZONE
RECOMMENDATION: Council to Consider the Following:

1. Hold a Public Hearing; and

2. Adopt a Resolution Amending and / or Approving
the Final Engineer' s Report and Ordering the Levy
and Collection of Assessments for the Landscape
and Lighting Maintenance District No. 93- 1
Woodfield Park Maintenance Zone for Fiscal Year
2023/ 24; Proposed Annual Assessment for FY
2023/ 24 not to exceed $ 123. 90
SUMMARY:

At the June 12, 2023 City Council Meeting, Staff presented the preliminary Engineer' s Report and Intent to Levy for the Landscape and Lighting Maintenance District No. 93- 1 Woodfield Park Maintenance Zone (" Woodfield Park") or (" District") to Council for approval, and requested to set a public hearing date to initiate the final approval process.

The City Council approved the preliminary Engineer' s Report and Intent to Levy for the District and set the public hearing date for July 10, 2023. The public hearing was published in the Manteca Bulletin on June 23rd and 28th of 2023.

The revenues for the District do not meet expenditures, and while City StafF has cut costs in an effort to minimize the shortfall, a General Fund subsidy of $ 20, 800, coupled with the use of District' s reserves will be required to maintain current service levels ( the estimated beginning Fiscal Year 2023/ 24 District reserves total $ 32, 350).

In order to prevent the annual need of General Fund subsidies and the use of District' s reserves, a Proposition 218 balloting of the district' s property owners would have to be successfully completed, which would amend the assessment rate and provide for an annual escalation factor. This is not being proposed at this time.

Woodfield Park is proposed to be levied at a rate of $ 123. 90 per Equivalent Dwelling Unit ( EDU). The assessment rate of $ 123. 90 per EDU has been in effect since Fiscal Year 1998/ 99 and is not proposed to increase.

Table 1 below displays the current and proposed assessment rates. 453
CITY MANAGER' S REPORT PAGE 2
7ULY 10, 2023 CITY COUNCIL REGULAR MEETING
FISCAL YEAR 2023/ 24 WOODFIELD PARK BUDGET
Table 1
FY 22/ 23 FY 23/ 24
District Adual Rates ' Pro osed Rates ' % Chan e , Notes Woodfield Park 123. 90 123. 90 0. 00% Rate unchanged since FY 1998/ 99 Please note that the assessment and budget amounts shown in the final Engineer' s Report have not been modified from the approved preliminary Engineer' s Report on June 12t"
Tonight, the City Council is being asked to approve the final Engineer' s Report for the Landscape and Lightning Maintenance District No. 93- 1 Woodfield Park Maintenance Zone and order the levy and collection of annual assessments for Fiscal Year 2023/ 24.

City Council may order amendments to the Engineer' s Report or confirm it as submitted. If approved, the assessment information will be submitted to the County Auditor- Controller and included on the property tax roll for each benefiting parcel for Fiscal Year 2023/ 24. The collected monies will fund Woodfield Park operation and maintenance costs.

BACKGROUN D:

Maintenance Districts are formed to fund services and improvements that provide special benefit to the properties within the District' s boundaries. Improvements may include landscaping, park sites, street lightning and storm drainage. The Districts levies are made pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code ( the Act"), applicable to the provisions of Proposition 218 ( California Constitutional Articles XIII C and XIII D).

Each parcel within a District is assessed in accordance to assessment methodology adopted and approved by the City Council at the time of District formation. The assessments are paid by the property owner as a part of each parcel' s secured property tax bill.

NBS Government Finance Group performs an annual assessment of the Districts, evaluating costs of the maintenance, operations, and servicing of the improvements to be maintained. The assessment process is generally initiated in April. Upon the completion of the assessment, NBS submits a preliminary Engineer' s Report ( the Report") to City staff which includes a district overview, estimate of costs, method of apportionment, district diagrams, and parcel listing. City staff utilizes the Report findings to produce the District' s annual budget.

The City of Lathrop has eight ( 8) Maintenance Assessment Districts ( MAD): five ( 5) Landscaping and Lighting Districts ( LLMD), including Woodfield Park; three ( 3) Benefit Assessment Districts ( BAD). Woodfield Park was created to fund the cost of the operation and maintenance of specific park improvements within Tract 2051. 454
CITY MANAGER' S REPORT PAGE 3
JULY 10, 2023 CITY COUNCIL REGULAR MEETING
FISCAL YEAR 2023/ 24 WOODFIELD PARK BUDGET
This includes costs for personnel to maintain buildings and equipment and the cost for contracted park maintenance.

Woodfield Park reporting is submitted on a stand- alone basis due to the size of the district. ( Legal guidelines generally prohibit legislative body members from voting on matters involving districts where they reside if the district( s) in question comprise less than 10% of the agency' s total residential parcels as defined by the County Assessor.)
In Fiscal Year 2023/ 24 Woodfield Park will receive $ 54, 764 in revenue from assessments. The total expenditures for this District are $ 107, 910, which creates a shortfall of $ 53, 146. The District is anticipated to begin Fiscal Year 2023/ 24 with a reserve fund balance of $ 32, 346, which will be used to offset the shortfall. However, in order to keep the same service levels in the District, a General Fund subsidy in the amount of $ 20, 800 would be needed to fund the remaining shortfall.

Table 2 below displays the current and proposed assessment rates.

Table 2
FY 22/ 23 ' FY 23/ 24
District Actual Rates Pro osed Rates % Chan e Notes
Woodfield Park 123. 90 ' 123. 90 0.00% Rate unchanged since FY 1998/ 99 Woodfield Park is proposed to be levied at a rate of $ 123. 90 per Equivalent Dwelling Unit ( EDU). The assessment rate of $ 123. 90 per EDU has been in effect since Fiscal Year 1998/ 99 and is not proposed to increase.

The Woodfield Park District was created several years ago, without a revenue inflation factor. This means, Woodfield Park has a maximum assessment rate that does not escalate to mirror increases in district expenses. The imbalance of Woodfield Park' s expenditures will continue due to the lack of the revenue inflation factor. In order to remedy this imbalance, a Proposition 218 balloting of Woodfield Park' s property owners would have to be initiated and successfully completed.

By law, assessments may only increase to the maximum approved amount set by property owners at the time of district formation or annexation. Any proposed increase which exceeds the approved amount requires the approval of the then current property owners via a Proposition 218 ballot process. Each of the City' s Districts has a maximum assessment amount. The City Council may authorize any level of assessment up to the maximum amount. If it is determined that the maximum amount is not needed, City Council may lower the actual annual assessment without jeopardizing the ongoing maximum assessment.

The final Engineer Report for Woodfield Park is available for review at the City Clerk' s office and the Public Works Department. Copies will be available at the City Council meeting per request.
455
CITY MANAGER' S REPORT PAGE 4
ULY 10, 2023 CITY COUNCIL REGULAR MEETING
FISCAL YEAR 2023/ 24 WOODFIELD PARK BUDGET
REASON FOR RECOMMENDATION:

Maintain quality maintenance and service of Woodfield Park.

FISCAL IMPACT:

The Woodfield Park Landscaping and Lighting District has expenditures which exceed revenues. In order to maintain the current service levels in the District, the utilization of $ 32, 346 of the District' s fund balance reserves; a General Fund subsidy in the amount of $ 20, 800 would be required to cover the remaining shortfall.

ATTAC H M E NTS:

A. A Resolution Amending and/ or Approving the Final Engineer' s Report and Ordering the Levy and Collection of Assessments for the Landscape and Lighting Maintenance District No 93- 1 ( Woodfield Park) Maintenance Zone For Fiscal Year 2023/ 24
B. Landscape and Lighting Maintenance District No. 93- 1 ( Woodfield Park) Boundary Map
Note — The Final Engineer Report is available for review upon request in the City Clerk' s Office.
456
CITY MANAGER' S REPORT PAGE 5
7ULY 10, 2023 CITY COUNCIL REGULAR MEETING
FISCAL YEAR 2023/ 24 WOODFIELD PARK BUDGET
APPROVALS:
r
i
Sandra Frias Date
Sr. Management Analyst
C, lZ g 202'
Thomas Hedegard Date
Deputy Finance Director
Cari Ja Date
Director = Fina ce
Z - -
Salvador Navarrete Date
City Attorney
i7
S phen J. Salvatore Date
City Manager
457
RESOLUTION NO. 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP

AMENDING AND/ OR APPROVING THE FINAL ENGINEER' S REPORT

AND ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO 93- 1 WOODFIELD PARK MAINTENANCE ZONE FOR FISCAL YEAR 2023/ 24 WHEREAS, on June 12, 2023, the City Council initiated proceedings for Fiscal Year 2023/ 24 and declared its intention to levy and collect annual assessments in a special maintenance district created pursuant to the provisions of the Landscaping and Lighting Act of 1972, Division 15, Part 2 of the Streets and Highways Code of the State ofCalifornia ( the " Act") said special maintenance district known and designated as the City of Lathrop, Landscape and Lighting Maintenance District No. 93- 1 Woodfield Park Maintenance Zone ( hereinafter referred to as the District"); and WHEREAS, on July 10, 2023, the City Council held a public hearing for the approval of the final Engineer's Report and ordering of the levy and collection of assessments; and
WHEREAS, a notice of the public hearing was published in the Manteca Bulletin on June 23 d
and June 28t'' of 2023; and
WHEREAS, at this time all notice and public hearing requirements as required by the Act have been met relating to the levy of the annual assessments; and WHEREAS, the City Council has received a final Engineer' s Report ( the Report") from the Assessment Engineer ( NBS) for consideration and final approval which details the method of assessment including the proposed annual assessment of $ 123. 90. The Report is available for public review; and WHEREAS, the assessments are in compliance with all laws pertaining to the levy of the landscape maintenance district assessments, and the assessments are levied without regard to property valuation, and the assessments are in compliance with the provisions of Proposition 218; and
WHEREAS, the City Council is satisfied with the assessment, diagram and all other matters as contained in the Report; and
WHEREAS, the City Council approves the Report and ordering of the levy and collection of assessment in the amount of $ 123. 90;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LATHROP AS FOLLOWS:

RECITALS
Section 1. The above recitals are all true and correct. 458
Section 2. This City Council hereby finds and determines that the procedures for the consideration of the levy of the annual assessments have been undertaken in accordance with the Act in as much as, the proposed assessments for Fiscal Year 2023/ 24 are not proposed to be increased over the assessments previously authorized to be levied.

DETERMINATION AND CONFIRMATION
Section 3. The final assessments and diagram for the proceedings, as contained in the Report, is hereby approved and confirmed.

Based upon the Report and the testimony and other evidence presented at the Public Hearing, the City Council hereby makes the following determinations regarding the assessments proposed to be imposed:
a. The proportionate special benefit derived by each individual parcel assessed has been determined in relationship to the entity of the cost of the operations and maintenance expenses. b. The assessments do not exceed the reasonable cost of the proportional special benefit conferred on each parcel.
c. Only the special benefits have been assessed.

The assessments for the District contained in the Report for Fiscal Year 2023/ 24 are hereby confirmed and levied upon the respective lots or parcels within the District in the amounts set forth in the Report.

ORDERING OF MAINTENANCE
Section 4. The public interest and convenience requires, and this legislative body does hereby order the maintenance work to be made and performed as said maintenance work is set forth in the Report and as previously declared and set forth in the Resolution of Intention.

FILING WITH CITY CLERK
Section 5. The above- referenced Report shall be filed in the Office of the City Clerk and shall remain open for public inspection.

ENTRY UPON THE ASSESSMENT ROLL
Section 6. The County Auditor shall enter onto the County Assessment roll opposite each lot or parcel of land the amount assessed thereupon, as shown in the Report.
459

COLLECTION AND PAYMENT
Section 7. The assessments shall be collected at the same time and in the same manner as County taxes are collected, and all laws providing for the collection and enforcement of County taxes shall apply to the collection and enforcement of the assessments.

FISCAL YEAR
Section 8. The assessments as above authorized and levied for these proceedings will provide revenue and relate to the Fiscal Year commencing ) uly 1, 2023 and ending June 30, 2024.

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

AYES:

NOES:

ABSENT:

ABSTAIN:

Paul Akinjo, Vice Mayor
ATTEST: APPROVED AS TO FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 460
Landscape and Lighting Maintenance District No. 93- 1
Woodfield Park Maintenance Zone
Annual Engineer' s Report
Fiscal Year 2023/ 24
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461

CITY OF LATHROP
LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 93- 1

WOODFIELD PARK MAINTENANCE ZONE
390 Towne Centre Drive
Lathrop, California 95330
Phone-( 209) 941- 7320
Fax-( 209) 941- 7339

CITY COUNCIL
Sonny Dhaliwal, Mayor
Paul Akinjo, Vice Mayor
Minnie Diallo, Councilmember
Diane Lazard, Councilmember
Jennifer Torres- 0' Callaghan, Councilmember

CITY STAFF
Stephen Salvatore, City Manager
Salvador Navarrete, City Attorney
Cari James, Finance Director
NBS
Tim Seufert, Client Services Director
Kristin Harvey, Senior Consultant
462

TABLE OF CONTENTS

1. ENGINEER' S LETTER........................................................................................................ 1

2. OVERVIEW...................................................................................................................... 2

2. 1 Introduction............................................................................................................... 2

2. 2 Effect of Proposition 218........................................................................................... 2

2. 3 Plans and Specifications for the Improvements ....................................................... 3

3. ESTIMATE OF COSTS ....................................................................................................... 4

3. 1 Description of Budget Items...................................................................................... 4

3. 2 District Budget........................................................................................................... 5

3. 3 Balance to Levy.......................................................................................................... 5

3. 4 Operational & Maintenance Reserve Information ................................................... 6

4. METHOD OF APPORTIONMENT....................................................................................... 7

4. 1 Method of Apportionment........................................................................................ 7

4. 2 Benefit Unit Factors................................................................................................... 7

4. 3 Assessment Per EDU ................................................................................................. 8

4. 4 Historical Assessment Information ........................................................................... 8

5. DISTRICT DIAGRAM ........................................................................................................ 9

6. PARCEL LISTING............................................................................................................ 10 463

1. EXECUTIVE SUMMARY
The City Council of the City of Lathrop( the" City"), State of California, directed NBS to prepare and file a report presenting plans and specifications describing the general nature, location, and extent of the improvements to be maintained, and an estimate of the costs of the maintenance, operations, and servicing of the improvements for the City of Lathrop Landscape and Lighting Maintenance District No. 93- 1 ( the " District") for Fiscal Year 2023/ 24 including only the Woodfield Park Maintenance Zone. The report includes a diagram for the District showing the area and properties proposed to be assessed, an assessment of the estimated costs of the maintenance, operations and servicing the improvements, and the net amount to be assessed upon all assessable parcels within the District in proportion to the special benefit received;
The proposed assessment rate of$ 123. 90 per Equivalent Dwelling Unit(" EDU") has not increased from the previous year. The District is in compliance with the assessment balloting procedures set forth in Section 4 of Article XIII D of the California Constitution and the District was formed by consent of 100% of the landowners;
Only parcels that receive direct special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received. The following assessment is made to fund the portion of the estimated costs of maintenance, operation, and servicing of the improvements to be paid by the assessable real property within the District in proportion to the special benefit received:

SUMMARY OF ASSESSMENT
Balance to Levy 54, 763. 80
Total Equivalent Dwelling Units 442. 00
Total Assessment Per EDU 123. 90
Total Parcels to be Assessed 442
City of Lathrop
i
Landscape& Lighting Maintenance District No. 93- 1 1
464

2. OVERVIEW

2. 1 Introduction
The City previously formed several maintenance assessment districts for the purpose of providing maintenance services to benefit certain parcels in the City. Over several years, these districts have levied and collected special assessments. In 1993, the districts were consolidated, and now represent distinct zones in the District. The District was formed and the levies made pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (the " Act").

Since Fiscal Year 1998/ 99, only the Woodfield Park Maintenance Zone has been included in the annual assessment of the District.

This Annual Engineer' s Report ( the" Report") describes the District and the proposed charge per EDU for Fiscal Year 2023/ 24 based on the historical and estimated cost to maintain the improvements and provide the services that benefit parcels within the District. Maintenance and operation of the facilities provides a healthy alternative for youth and adult activities while protecting the capital investments that have been made within the District.

The word " parcel," for the purposes of this Report, refers to an individual property assigned its own Assessor' s Parcel Number by the San loaquin County( the" County") Assessor' s Office. The County Auditor- Controller uses Assessor' s Parcel Numbers and specific fund numbers to identify, on the tax roll, properties assessed for special district benefit assessments.

Following consideration of public comments at a noticed public hearing and following review of the Report, the City Council may confirm the submittal of the Report and may order the levy and collection of assessments for Fiscal Year 2023/ 24. If approved, the assessment information will be submitted to the County Auditor-Controller and included on the property tax roll for each benefiting parcel for Fiscal Year 2023/ 24.

2. 2 Effect of Proposition 218
On November 5, 1996, California voters approved Proposition 218 by a vote of 56. 5% to 43. 5%. The provisions of the Proposition, now California Constitutional Articles XIII C and XIII D, added substantive and procedural requirements for assessments which affect the City' s landscaping and lighting maintenance assessments.

The assessment rate of$ 123. 90 per EDU has been in effect since Fiscal Year 1996/ 97 and is not proposed to increase. The District is in compliance with the assessment balloting procedures set forth in Section 4 of Article XIII D and the District was formed by consent of 100% of the landowners.

City of Lathrop
Landscape& Lighting Maintenance District No. 93- 1 2
465

2. 3 Plans and Specifications for the Improvements
The City operates, services, and maintains Woodfield Park( 5. 49 acres).

The District includes parcels within Tract 2051 and consists of a residential area generally located east of I- 5, west of the Union Pacific Railroad, and north of Lathrop Road. Parcels within this zone receive special benefit from the Woodfield Park improvements. Specific improvements within this zone include planting materials, irrigation systems, drainage systems, natural drainage areas, fencing, restroom facilities, playground equipment, picnic facilities, and hardscape.

City of Lathrop
Landscape& Lighting Maintenance District No. 93- 1 3
466

3. ESTIMATE OF COSTS

3. 1 Description of Budget items
Personnel Services— Includes employee salaries, salary related costs, and employee benefits including retirement, medical benefits, and workers compensation costs, etc.

Maintenance& Operations— Includes the following:

Advertising/ Legal Notices— Includes the cost of publishing the required legal notices necessary to complete the required procedures for levying the assessments.

Auto& Heavy Equipment Maintenance Parts— Includes replacement parts for City vehicles used for storm drain maintenance.

Auto& Heavy Equipment Maintenance& Repair— Includes maintenance of City vehicles used for storm drain maintenance.

Building Maintenance Materials& Supplies— Includes materials and supplies necessary for maintenance of restrooms, first aid kits, flashlights, fire extinguishers, employee uniforms( e. g. safety boots, jackets, and gloves), and pest control application training.

Contracts— Park Maintenance— Includes professional services necessary for District maintenance, including park maintenance, computer technical support, and alarm service.

Contract Services— Includes professional services necessary for District maintenance, including the Report and administration.

Gas, Diesel, Oil& Lubricants— Includes fuel, oil and lubricants for vehicles, and miscellaneous small equipment used for park maintenance.

Materials& Supplies— Includes materials and supplies necessary for park maintenance ( e. g. sprinkler parts, pipe, sand for playgrounds, replacement plants, and trees).

Miscellaneous Equipment— Includes small equipment( e. g. blowers, roto-tiller, and hedge trimmer) and miscellaneous small tools( e. g. shovels, rakes, and hand tools) necessary for park maintenance.

Miscellaneous Supplies— Includes reference materials and additional administrative costs.

Other Maintenance& Repair— Includes contracted maintenance and repair services such as annual fire extinguisher service and emergency repairs.

Shop Tools— Includes miscellaneous small tools necessary for park maintenance such as shovels, weed eaters, and shop vacuums.

Uniforms/ Protective Clothing— Includes employee uniforms including safery boots, jackets, gloves, etc.

Utility— Gas& Electric— Includes electrical power for sprinkler controllers, pumps, and park lights.

Water— Includes water for irrigation, water fountains, and restrooms.

Training, Membership, Travel & Dues— Includes continuing training for maintenance staff.

City of Lathrop
Landscape& Lighting Maintenance District No. 93- 1 4
467
Fixed Charges& Special Fees— Includes the charges per parcel to collect the assessments on the County Secured Property Tax Roll.

Capital— Includes principal payment for lease purchase of park vehicles plus miscellaneous equipment purchased over a five year lease.

Indirect Costs— Includes overhead costs of the City related to maintenance, operation, and administration of the District.

3. 2 District Budget
The budget for Fiscal Year 2023/ 24 is as follows.

Personnel Services 9, 903. 00
Maintenance & Operations 79, 750. 00
Capital Costs/ Fixed Charges 1, 997. 00
Subtotal 91, 650. 00
Indirect Costs 16, 260. 00
Total District Costs 107, 910. 00

3. 3 Balance to Levy
Total District Costs— Includes personnel services, maintenance and operations, capital, and indirect costs determined above.

Contribution to( from) Operational Reserves— The Operational Reserves item provides funds to operate the District from the time period of July 1 ( beginning of the Fiscal Year) through December when the County provides the City with the first installment of assessments collected from the property tax bills. This eliminates the need for the City to transfer funds from non- District accounts to pay for District charges during the first half of the fiscal year. Negative amounts shown here are transfers that are used to reduce the Balance to Levy. Using reserve amounts in this way allows the Levy per EDU to remain at prior period rates, despite increases in District costs.

Contribution to( from) Capital Reserves— The Capital Reserve Account item provides funds to maintain reserves for extraordinary maintenance items and unexpected capital expenditures that may occur as a result of natural occurrences or other unforeseen circumstances.

Balance to Levy— This is the total amount to be levied and collected through assessments for the current fiscal year. The Balance to Levy represents the sum of the total direct and administration costs, reserves, contributions, and other revenue sources.

City of Lathrop
Landscape& Lighting Maintenance District No. 93- 1 5
468
The following table shows the total costs, additional revenues, and the Balance to Levy for Fiscal Year 2023/ 24.

Total District Costs 107, 910. 00
Other Revenue Sources l 20, 800. 00)
Contribution to (from) Operational Reserves 32, 346. 20) Balance to Levy 54,763. 80
1) Includes General Fund contribution.

3. 4 Operational & Maintenance Reserve Information
The following table shows the estimated balance of the Operational and Maintenance Reserves.

Estimated Beginning Balance— July 1, 2023 32, 349. 91
Contribution to (from) Operational and Maintenance Reserves 32,346. 20) Estimated Ending Balance- June 30, 2024 3.71
1 City of Lathrop
Landscape& Lighting Maintenance District No. 93- 1 6
469

4. METHOD OF APPORTIONMENT

4. 1 Method of Apportionment
Pursuant to the Act, the costs of the District are apportioned by a formula or method which fairly distributes the net amount to be assessed among all assessable parcels in proportion to the estimated special benefit to be received by each such parcel from the maintenance, servicing, and operation of the improvements. The formula used for the Woodfield Park Maintenance Zone reflects the homogenous composition of the parcels, as well as the improvements and services provided to fairly proportion the costs based on the estimated benefits to each parcel. The assessment has been levied in accordance with the assessment methodology adopted and approved by the City Council at the time of District formation.

The basis of benefit for the District was determined to be equal for all EDUs within the Woodfield Park Maintenance Zone.

The method used to calculate the assessments within the Woodfield Park Maintenance Zone is as follows:

Total Balance to Levy/ Total EDU= Levy per EDU
To determine the EDU for single-family residential parcels, the Benefit Unit Factor( BUF) is multiplied by the number of developed residential units on the parcel.

To determine the EDU for vacant( no buildings) residential parcels, the BUF is multiplied by the number of residential units that can be built on the parcel.

To determine the EDU for unimproved residential parcels, the number of potential parcels is calculated per the approved tentative map and the BUF is multiplied by that number of parcels.

All parcels in the District have been developed as single- family residential and there are currently no vacant or unimproved residential parcels.

4. 2 Benefit Unit Factors
The following table shows the Benefit Unit Factors.

Single- Family Residential 1. 0
Vacant Residential Parcels 1. 0
Unimproved Residentia) Parcels 1. 0
City of Lathrop
Landscape& Lighting Maintenance District No. 93- 1 7
470

4. 3 Assessment Per EDU
The following table shows the total assessment per EDU for the Fiscal Year 2023/ 24 levy.

Balance to Levy 54, 763. 80
Total District EDU 442. 00
Total Assessment Per EDU 123. 90

4. 4 Historical Assessment Information
The following table shows the historical assessment rates for the District for the past ten years.

Fiscal Year 2022/ 23 Assessment Rate Per Unit 123. 90
Fiscal Year 2021/ 22 Assessment Rate Per Unit 123. 90
Fiscal Year 2020/ 21 Assessment Rate Per Unit 123. 90
Fiscal Year 2019/ 20 Assessment Rate Per Unit 123. 90
Fiscal Year 2018/ 19 Assessment Rate Per Unit 123. 90
Fiscal Year 2017/ 18 Assessment Rate Per Unit 123. 90
Fiscal Year 2016/ 17 Assessment Rate Per Unit 123. 90
Fiscal Year 2015/ 16 Assessment Rate Per Unit 123. 90
Fiscal Year 2014/ 15 Assessment Rate Per Unit 123. 90
Fiscal Year 2013/ 14 Assessment Rate Per Unit 123. 90
City of Lathrop
Landscape& Lighting Maintenance District No. 93- 1 8
471

5. DISTRICT DIAGRAM
Reference is made to the District Diagram on file with the City Clerk. The following page provides the boundaries of the Woodfield Park Maintenance Zone of the District. The lines and dimensions shown on maps of the County Assessor for the current year are incorporated by reference and made part of this Report.
1 City of Lathrop
Landscape& Lighting Maintenance District No. 93- 1 g
472
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6. PARCEL LISTING
Assessor' s parcel identification, for each lot or parcel within the District, shall be based on the County Assessor' s secured roll data for the applicable year in which this Report is prepared and is incorporated herein by reference.

A listing of assessor' s parcels assessed within the District for Fiscal Year 2023/ 24, along with the assessment amounts, is on file in the office of the City Clerk and incorporated herein by reference.

Based on County Assessor' s secured roll data, current assessor' s parcels, including corrected and/ or new assessor' s parcels, will be submitted and/ or resubmitted to the County Auditor/ Controller. The annual assessment amount to be levied and collected for the resubmitted parcel( s) shall be determined in accordance with the method of apportionment and assessment rate approved in this Report.

Therefore, if a single assessor' s parcel has a status change in development, other land use change, or subdivides into multiple assessor' s parcels, the assessment amounts applied to each of the new assessor' s parcels shall be recalculated and applied according to the approved method of apportionment and assessment rate rather than a proportionate share of the original assessment amount.

The parcel listing of assessments is provided on the following pages.

City of Lathrop
Landscape& Lighting Maintenance District No. 93- 1 10
474
City of Lathrop
L& LMD No. 93- 1 ( Woodfield Park Maintenance Zone)
Final Billing Detail Report for Fiscal Year 2023/ 24
APN Address Units Levy( 1)
196- 090-010- 000 14539 CEDAR VALLEY DR 1 123. 90
196- 090- 020- 000 14527 CEDAR VAILEY DR 1 123. 90
196- 090-030- 000 14515 CEDAR VALIEY DR 1 123. 90
196-090- 040- 000 14475 CEDAR VALLEY DR 1 123. 90
196-090- 050-000 14463 CEDAR VALLEY DR 1 123. 90
196-090- 060-000 14451 CEDAR VAILEY DR 1 123. 90
196-090-070- 000 14439 CEDAR VALLEY DR 1 123. 90
196- 090- 080-000 14427 CEDAR VALLEY DR 1 123. 90
196-090-090-000 14415 CEDAR VALLEY DR 1 123. 90
196-090- 100- 000 14430 CEDAR VALLEY DR 1 123. 90
196- 090- 110-000 14456 CEDAR VAILEY OR 1 123. 90
196- 090- 120- 000 14468 CEDAR VALLEY DR 1 123. 90
196- 090- 130- 000 14480 CEDAR VALLEY DR 1 123. 90
196-090- 140- 000 14500 CEDAR VALLEV DR 1 123. 90
196- 090- 150- 000 14510 CEDAR VALLEY DR 1 123. 90
196- 090- 160-000 14522 CEDAR VALLEY DR 1 123. 90
196-090- 170- 000 14534 CEDAR VALLEY DR 1 123. 90
196- 090- 180-000 14539 PINE VALLEY DR 1 123. 90
196- 090- 190-000 14527 PINE VALLEY DR 1 123. 90
196- 090- 200- 000 14515 PINE VALLEY DR 1 123. 90
196-090- 210- 000 14501 PINE VALLEY DR 1 123. 90
196-090- 220-000 14483 PINE VALLEY DR 1 123. 90
196-090- 230- 000 14465 PINE VALLEY DR 1 123. 90
196-090-240- 000 14453 PINE VALLEY OR 1 123. 90
196- 090- 250- 000 14443 PINE VAILEY DR 1 123. 90
196-090- 260- 000 14444 PINE VALLEY DR 1 123. 90
196-090- 270-000 14450 PINE VALLEY DR 1 123. 90
196-090- 280- 000 14462 PINE VALLEY DR 1 123. 90
196- 090- 290- 000 14474 PINE VAILEY DR 1 123. 90
196- 090- 300- 000 14508 PINE VALLEY DR 1 123. 90
196- 090- 310-000 14522 PINE VALLEY DR 1 123. 90
196- 090- 320-000 14536 PINE VALLEV DR 1 123. 90
196- 090- 330-000 14548 PINE VALLEY DR 1 123. 90
196- 090- 340-000 770 CHERRY HILLS CT 1 123. 90
196- 090- 350-000 758 CHERRY HILLS CT 1 123. 90
196- 090- 360-000 752 CHERRV HILLS CT 1 123. 90
196- 090- 370- 000 748 CHERRY HILLS CT 1 123. 90
196- 090- 380-000 742 CHERRY HILLS CT 1 123. 90
196- 090- 390-000 739 CHERRY HILLS CT 1 123. 90
196- 090-400-000 745 CHERRY HILLS CT 1 123. 90
196- 090-410- 000 753 CHERRY HILLS CT 1 123. 90
Slight variances may occur due to rounding
1) Where applicable, the levy has been rounded down to an even cent for County tax roll purposes.

Copyright O 2013 by NBS Page 1 of 11 04/ 17/ 2023 10: 21: 54AM 475
City of Lathrop
L& LMD No. 93- 1 ( Woodfield Park Maintenance Zone)
Final Billing Detail Report for Fiscal Year 2023/ 24
APN Address Units Levy( 1)
196-090-420-000 767 CHERRY HILLS CT 1 123. 90
196-090-430-000 775 CHERRY HILLS CT 1 123. 90
196- 090- 440- 000 785 CHERRY HILLS CT 1 123. 90
196- 090-450-000 791 CHERRY HILLS CT 1 123. 90
196- 090- 460- 000 801 CHERRY HILLS CT 1 123. 90
196- 090- 470- 000 807 CHERRY HILlS CT 1 123. 90
196- 090- 480-000 811 CHERRY HILLS CT 1 123. 90
196- 090- 490- 000 819 CHERRY HILLS CT 1 123. 90
196- 090-500-000 810 CHERRY HILLS CT 1 123. 90
196- 090- 510- 000 804 CHERRY HILLS CT 1 123. 90
196-090-520-000 796 CHERRY HILLS CT 1 123. 90
196-090-530-000 788 CHERRY HILLS CT 1 123. 90
196-090-540- 000 14663 SILVER CREEK DR 1 123. 90
196- 090- 550- 000 1466151LVER CREEK DR 1 123. 90
196- 090-560-000 14659 SILVER CREEK DR 1 123. 90
196- 090-570- 000 14529 SIIVER CREEK DR 1 123. 90
196- 090-580- 000 14511 SILVER CREEK DR 1 123. 90
196-090-590- 000 816 PRAIRIE DUNES DR 1 123. 90
196- 090-600-000 808 PRAIRIE DUNES DR 1 123. 90
196-090- 610- 000 802 PRAIRIE DUNES DR 1 123. 90
196- 090- 620- 000 794 PRAIRIE DUNES DR 1 123. 90
196-090- 630- 000 788 PRAIRIE DUNES DR 1 123. 90
196-090- 640-000 780 PRAIRIE DUNES DR 1 123. 90
196-090- 650-000 770 PRAIRIE DUNES DR 1 123. 90
196-090- 660-000 764 PRAIRIE DUNES DR 1 123. 90
196- 090- 670-000 756 PRAIRIE DUNES DR 1 123. 90
196- 090- 680- 000 744 PRAIRIE DUNES DR 1 123. 90
196-090- 690-000 736 PRAIRIE DUNES DR 1 123. 90
196- 090- 700- 000 741 PRAIRIE DUNES DR 1 123. 90
196-090- 710-000 749 PRAIRIE DUNES DR 1 123. 90
196- 090- 720-000 755 PRAIRIE DUNES DR 1 123. 90
196- 090- 730- 000 763 PRAIRIE DUNES DR 1 123. 90
196- 090- 740- 000 769 PRAIRIE DUNES DR 1 123. 90
196- 090- 750- 000 781 PRAIRIE DUNES DR 1 123. 90
196-090- 760- 000 789 PRAIRIE DUNES DR 1 123. 90
196- 090- 770- 000 795 PRAIRIE DUNES DR 1 123. 90
196- 090- 780- 000 803 PRAIRIE DUNES DR 1 123. 90
196-090- 790- 000 809 PRAIRIE DUNES DR 1 123. 90
196-090-800- 000 817 PRAIRIE DUNES DR 1 123. 90
196- 090- 810- 000 823 PRAIRIE DUNES DR 1 123. 90
196- 090- 820- 000 827 PRAIRIE DUNES DR 1 123. 90
Slight variances may occur due to rounding
i) Where applicable, the levy has been rounded down to an even cent for County tax roll purposes.

Copyright O 2013 by NBS Page 2 of 11 04/ 17/ 2023 10: 21: 54AM 476
City of Lathrop
L& LMD No. 93- 1 ( Woodfield Park Maintenance Zone)
Final Billing Detail Report for Fiscal Year 2023/ 24
APN Address Units Levy( 1)
196- 090- 830- 000 1449651LVER CREEK DR 1 123. 90
196- 090- 840- 000 14500 SILVER CREEK DR 1 123. 90
196-090- 850-000 14512 SILVER CREEK DR 1 123. 90
196- 090- 860-000 14524 SILVER CREEK DR 1 123. 90
196- 090- 870- 000 14536 SILVER CREEK DR 1 123. 90
196- 090- 880- 000 14552 SILVER CREEK DR 1 123. 90
196- 090-890- 000 14640 SILVER CREEK DR 1 123. 90
196- 100-010- 000 800 LONG BARN DR 1 123. 90
196- 100- 020- 000 794 LONG BARN DR 1 123. 90
196- 100- 030- 000 784 LONG BARN DR 1 123. 90
196- 100- 040- 000 774 LONG BARN DR 1 123. 90
196- 100-050- 000 762 LONG BARN DR 1 123. 90
196- 100-060- 000 750 LONG BARN DR 1 123. 90
196- 100-070- 000 14854 CEDAR RIDGE CT 1 123. 90
196- 100-080- 000 14850 CEDAR RIDGE CT 1 123. 90
196- 100- 090- 000 14917 CEDAR RIDGE CT 1 123. 90
196- 100- 100- 000 14905 CEDAR RIOGE CT 1 123. 90
196- 100- 110- 000 14893 CEDAR RIDGE CT 1 123. 90
196- 100- 120-000 14881 CEDAR RIDGE CT 1 123. 90
196- 100- 130-000 14839 CEDAR RIDGE CT 1 123. 90
196- 100- 140-000 14835 CEDAR RIDGE CT 1 123. 90
196- 100- 150-000 688 STONE RIDGE CT 1 123. 90
196- 100- 160- 000 672 STONE RIDGE CT 1 123. 90
196- 100- 170-000 664 STONE RIDGE CT 1 123. 90
196- 100- 180- 000 6585TONERIDGECT 1 123. 90
196- 100- 190-000 6515TONE RIDGE CT 1 123. 90
196- 100- 200- 000 663 STONE RIDGE CT 1 123. 90
196- 100- 210-000 675 STONE RIDGE CT 1 123. 90
196- 100- 220-000 14587 CEDAR VALLEY DR 1 123. 90
196- 100- 230-000 14575 CEDAR VALLEY DR 1 123. 90
196- 100- 240-000 14563 CEDAR VALLEY DR 1 123. 90
196- 100- 250-000 14551 CEDAR VALLEY OR 1 123. 90
196- 100- 260- 000 14546 CEDAR VALLEY DR 1 123. 90
196- 100-270- 000 14558 CEDAR VALLEY DR 1 123. 90
196- 100- 280- 000 14570 CEDAR VALLEY DR 1 123. 90
196- 100- 290- 000 14592 CEDAR VA LEY DR 1 123.90
196- 100- 300- 000 14604 CEDAR VALLEY DR 1 123. 90
196- 100- 310- 000 699 LONG BARN DR 1 123. 90
196- 100- 320- 000 711 LONG BARN DR 1 123. 90
196- 100- 330- 000 723 LONG BARN DR 1 123. 90
196- 100- 340- 000 735 LONG BARN DR 1 123. 90
Slight variances may occur due to rounding
1) Where applicable, the levy has been rounded down to an even cent for County tax roll purposes.

Copyright O 2013 by NBS Page 3 of 11 04/ 17/ 2023 10: 21: 54AM 477
City of Lathrop
L& LMD No. 93- 1 ( Woodfield Park Maintenance Zone)
Final Billing Detail Report for Fiscal Year 2023/ 24
APN Address Units Levy( 1)
196- 100- 350-000 747 LONG BARN DR 1 123. 90
196- 100- 360-000 759 LONG BARN DR 1 123. 90
196- 100- 370-000 756 AGUSTA DR 1 123. 90
196- 100- 380- 000 744 AGUSTA DR 1 123. 90
196- 100- 390-000 732 AGUSTA DR 1 123. 90
196- 100- 400-000 720 AGUSTA DR 1 123. 90
196- 100-410-000 14587 PINE VALLEY DR 1 123. 90
196- 100-420-000 14575 PINE VALLEY DR 1 123. 90
196- 100-430-000 14563 PINE VALLEY DR 1 123. 90
196- 100- 440- 000 14551 PINE VALLEY DR 1 123. 90
196- 100-450-000 14568 PINE VALLEY DR 1 123. 90
196- 100-460-000 14590 PINE VAILEY DR 1 123.90
196- 100-470-000 739 AGUSTA DR 1 123. 90
196- 100-480- 000 751 AGUSTA DR 1 123. 90
196- 100-490-000 763 AGUSTA DR 1 123. 90
196- 100- 500- 000 775 AGUSTA DR 1 123. 90
196- 100-510- 000 787 AGUSTA DR 1 123. 90
196- 100-520- 000 811 A6USTA DR 1 123. 90
196- 100- 530- 000 825 AGUSTA DR 1 123. 90
196- 100- 540- 000 835 AGUSTA DR 1 123. 90
196- 100- 550- 000 851 AGUSTA DR 1 123. 90
196- 100-560- 000 887 AGUSTA DR 1 123. 90
196- 100- 570- 000 14675 SILVER CREEK DR 1 123. 90
196- 100- 580- 000 1466851LVER CREEK DR 1 123. 90
196- 100-590- 000 1468051LVER CREEK DR 1 123. 90
196- 100-600- 000 892 AGUSTA DR 1 123. 90
196- 100-610-000 880 AGUSTA DR 1 123. 90
196- 100- 620-000 856 AGUSTA DR 1 123. 90
196- 100- 630- 000 842 AGUSTA DR 1 123. 90
196- 100- 640-000 830 AGUSTA DR 1 123. 90
196- 100- 650-000 818 AGUSTA DR 1 123. 90
196- 100- 660- 000 806 AGUSTA DR 1 123. 90
196- 100- 670-000 794 AGUSTA DR 1 123. 90
196- 100- 680-000 14746 OAKHILLS ST 1 123. 90
196- 100- 690-000 14750 OAKHILLS ST 1 123. 90
196- 100- 700-000 783 LONG BARN DR 1 123. 90
196- 100- 710- 000 795 LONG BARN DR 1 123. 90
196- 100- 720-000 807 LONG BARN DR 1 123. 90
196- 100- 730- 000 819 LONG BARN DR 1 123. 90
196- 100- 740-000 831 IONG BARN DR 1 123. 90
196- 100- 750-000 843 LONG BARN DR 1 123. 90
Slight variances may occur due to rounding
1) Where applicable, the levy has been rounded down to an even cent for County tax roll purposes.

Copyright O 2013 by NBS Page 4 of 11 04/ 17/ 2023 10: 21: 54AM 478
City of lathrop
L& LMD No. 93- 1 ( Woodfield Park Maintenance Zone)
Final Billing Detail Report for Fiscal Year 2023/ 24
APN Address Units Levy( 1)
196- 100- 760-000 855 LONG BARN DR 1 123. 90
196- 100- 770-000 867 LONG BARN DR 1 123. 90
196- 100- 780-000 879 LONG BARN OR 1 123. 90
196-520-010-000 14101 JASPER ST 1 123. 90
196-520- 020-000 14091 JASPER ST 1 123. 90
196- 520- 030-000 14081 JASPER ST 1 123. 90
196- 520- 040-000 14071 JASPER ST 1 123. 90
196- 520- 050-000 14061 JASPER ST 1 123. 90
196- 520- 060-000 14051 JASPER ST 1 123. 90
196- 520- 070-000 14050JASPERST 1 123. 90
196- 520-080-000 14060JASPER ST 1 123. 90
196- 520-090-000 140701ASPER ST 1 123. 90
196- 520- 100-000 14080JASPER ST 1 123. 90
196- 520- 110-000 14090 JASPER ST 1 123. 90
196- 520- 120- 000 14094JASPERST 1 123. 90
196- 520- 130-000 14100JASPERST 1 123. 90
196- 520- 140-000 14110JASPERST 1 123. 90
196- 520- 150- 000 14121SOUTHPORTST 1 123. 90
196-520- 160- 000 14111 SOUTHPORT 5T 1 123. 90
196- 520- 170- 000 14101 SOUTHPORT ST 1 123. 90
196- 520- 180- 000 14099 SOUTHPORTST 1 123. 90
196- 520- 190- 000 14095 SOUTHPORT ST 1 123. 90
196-520- 200- 000 14091 SOUTHPORT ST 1 123. 90
196- 520- 210- 000 14081 SOUTHPORT ST 1 123. 90
196-520- 220- 000 14071 SOUTHPORT ST 1 123. 90
196-520- 230-000 1406150UTHPORT ST 1 123. 90
196-520- 240- 000 7415AINTANDREW ST 1 123. 90
196- 520- 250- 000 749 SAINT ANDREW ST 1 123. 90
196- 520- 260- 000 755 SAINTANDREW ST 1 123. 90
196-520- 270-000 763 SAINTANDREW ST 1 123. 90
196- 520- 280- 000 769 SAINTANDREW ST 1 123. 90
196- 520- 290- 000 781 SAINTANDREW ST 1 123. 90
196- 520- 300- 000 789 SAINT ANDREW ST 1 123. 90
196- 520- 310-000 795 SAINT ANDREW ST 1 123. 90
196- 520- 320-000 803 SAINTANDREW ST 1 123. 90
196- 520- 330-000 8005AINTANDREWST 1 123. 90
196- 520- 340-000 7905AINTANDREW ST 1 123. 90
196- 520- 350- 000 780 SAINT ANDREW ST 1 123. 90
196- 520- 360- 000 7705AINTANDREWST 1 123. 90
196- 520-370- 000 764 SAINTANDREW ST 1 123. 90
196- 520-380- 000 756 SAINTANDREW ST 1 123. 90
Slight variances may occur due to rounding
1) Where applicable, the levy has been rounded down to an even cent for County tax roll purposes.

Copyright OO 2013 by NBS Page 5 of 11 04/ 17/ 2023 10: 21: 54AM 479
City of Lathrop
L& LMD No. 93- 1 ( Woodfield Park Maintenance Zone)
Final Billing Detail Report for Fiscal Year 2023/ 24
APN Address Units Levy( 1)
196- 520- 390-000 14070 SOUTHPORT ST 1 123. 90
196- 520- 400- 000 14080 SOUTHPORT ST 1 123. 90
196-520-410-000 14090 SOUTHPORT ST 1 123. 90
196- 520-420- 000 14094 SOUTHPORT ST 1 123. 90
196- 520-430- 000 14098 SOUTHPORT ST 1 123. 90
196- 520- 440- 000 14100 SOUTHPORT ST 1 123. 90
196- 520- 450- 000 14120 SOUTHPORT ST 1 123. 90
196-520-460-000 770 QUAKER RIDGE CT 1 123. 90
196- 520- 470- 000 760 QUAKER RIDGE CT 1 123. 90
196-520-480- 000 750 QUAKER RIDGE CT 1 123. 90
196-520-490- 000 740 QUAKER RIDGE CT 1 123. 90
196-520- 510- 000 725 QUAKER RIDGE CT 1 123. 90
196-520- 520-000 735 QUAKER RIDGE CT 1 123. 90
196-520- 530-000 745 QUAKER RIDGE CT 1 123. 90
196-520- 540-000 755 QUAKER RIDGE CT 1 123. 90
196- 520- 550- 000 765 QUAKER RIDGE CT 1 123. 90
196-520-560-000 775 QUAKER RIDGE CT 1 123. 90
196-520- 570-000 730 QUAKER RIDGE CT 1 123. 90
196-530- 010-000 809 SAINTANDREW ST 1 123. 90
196- 530- 020- 000 8175AINTANDREW ST 1 123. 90
196- 530- 030-000 8235AINTANDREWST 1 123. 90
196- 530-040-000 827 SAINT ANDREW ST 1 123. 90
196-530- OSO-000 831 SAINT ANDREW ST 1 123. 90
196- 530- 060-000 835 SAINTANDREW ST 1 123. 90
196- 530-070-000 839 SAINTANDREW ST 1 123. 90
196- 530- 080- 000 909PINECRESTCT 1 123. 90
196-530- 090- 000 917 PINECREST CT 1 123. 90
196- 530- 100-000 927 PINECREST CT 1 123. 90
196- 530- 110- 000 931 PINECREST CT 1 123. 90
196- 530- 120-000 935 PINECREST CT 1 123. 90
196- 530- 130-000 934PINECRESTCT 1 123. 90
196- 530- 140-000 930 PINECREST CT 1 123. 90
196- 530-150-000 926 PINECREST CT 1 123. 90
196- 530-160-000 922 PINECREST CT 1 123. 90
196- 530- 170- 000 916 PINECREST CT 1 123. 90
196- 530- 180- 000 908 PINECREST CT 1 123. 90
196-530-190- 000 14076 PINECREST ST 1 123. 90
196- 530- 200- 000 14080 PINECREST ST 1 123. 90
196-530- 210- 000 14090 PINECREST ST 1 123. 90
196- 530- 220- 000 14094 PINECREST ST 1 123. 90
196-530- 230- 000 14100 PINECREST ST 1 123. 90
Slight variances may occur due to rounding
1) Where applicable, the levy has been rounded down to an even cent for County tax roll purposes.

Copyright O 2013 by NBS Page 6 of 11 04/ 17/ 2023 10: 21: 54AM 480
City of Lathrop
L& LMD No. 93- 1 ( Woodfield Park Maintenance Zone)
Final Billing Detail Report for Fiscal Year 2023/ 24
APN Address Units Levy( 1)
196- 530- 240-000 14121 CHANTILLY CT 1 123. 90
196-530- 250- 000 14111 CHANTILLY CT 1 123. 90
196-530- 260- 000 14101 CHANTILLY CT 1 123. 90
196-530- 270-000 14095 CHANTILLY CT 1 123. 90
196-530- 280-000 14091 CHANTILLY CT 1 123. 90
196-530- 290-000 14081 CHANTILLY CT 1 123. 90
196-530- 300-000 14071 CHANTILLY CT 1 123. 90
196- 530- 310-000 14072 CHANTILLY CT 1 123. 90
196- 530- 320-000 14080 CHANTILLY CT 1 123. 90
196- 530- 330-000 14090 CHANTILLV CT 1 123. 90
196- 530- 340-000 14100 CHANTILLY CT 1 123. 90
196- 530- 350- 000 14106 CHANTILLY CT 1 123. 90
196- 530- 360-000 14110 CHANTILLY CT 1 123. 90
196- 530- 370- 000 14114 CHANTILLY CT 1 123. 90
196- 530- 380-000 14120 CHANTILIV CT 1 123. 90
196-530- 390-000 14124 CHANTILLY CT 1 123. 90
196- 530- 400-000 14101 PINECREST ST 1 123. 90
196- 530- 410-000 14095 PINECREST ST 1 123. 90
196- 530- 420-000 14091 P I N ECR EST ST 1 123. 90
196- 530-430-000 14081 PINECREST ST 1 123.90
196-530-440-000 14071 PINECREST ST 1 123. 90
196- 530-450-000 14061 PINECREST ST 1 123. 90
196- 530-460-000 830 SAINT ANDREW ST 1 123.90
196- 530- 470- 000 826 SAINTANOREW ST 1 123. 90
196- 530-480- 000 8225AINTANDREWST 1 123. 90
196-530-490-000 8165AINTANDREWST 1 123. 90
196-530-500-000 8085AINTANDREWST 1 123. 90
196-530- 510- 000 785 QUAKER RIDGE CT 1 123. 90
196- 530- 520- 000 791 QUAKER RIDGE CT 1 123. 90
196-530- 530- 000 801 QUAKER RIDGE CT 1 123. 90
196-530- 540- 000 807 qUAKER RIDGE CT 1 123. 90
196- 530- 550- 000 811 QUAKER RIDGE CT 1 123. 90
196-530- 560-000 810 QUAKER RIDGE CT 1 123. 90
196-530- 570-000 800 QUAKER RIDGE CT 1 123. 90
196- 530-580-000 790 QUAKER RIDGE CT 1 123. 90
196-530- 590- 000 786 QUAKER RIDGE CT 1 123. 90
196- 530- 600- 000 780 QUAKER RIDGE CT 1 123. 90
196- 540- 010- 000 14401 CEOAR VALLEY DR 1 123. 90
196- 540- 020- 000 14325 CEDAR VALLEY DR 1 123. 90
196- 540- 030- 000 14315 JASPER ST 1 123. 90
196- 540- 040- 000 14235JASPERST 1 123. 90
Slight varia ces may occur due to rounding
1) Where applicable, the levy has been rounded down to an even cent for County tax roll purposes.

Copyright O 2013 by NBS Page 7 of il 04/ 17/ 2023 10: 21: 54AM 481
City of Lathrop
L& LMD No. 93- 1 ( Woodfield Park Maintenance Zone)
Final Billing Detail Report for Fiscal Year 2023/24
APN Address Units Levy( 1)
196- 540-050-000 14225JASPER ST 1 123. 90
196- 540-060-000 14215 JASPER ST 1 123. 90
196- 540- 070- 000 14201JASPERST 1 123. 90
196- 540-080- 000 14125 JASPER ST 1 123. 90
196-540-090- 000 14115JASPER ST 1 123. 90
196- 540- 100- 000 14120JASPER ST 1 123. 90
196-540- 110- 000 14200JASPER ST 1 123. 90
196-540- 120-000 14220JASPER ST 1 123. 90
196-540- 130-000 14230JASPER ST 1 123. 90
196-540- 140-000 14300JASPER ST 1 123. 90
196-540- 150- 000 14135 SOUTHPORTST 1 123. 90
196-540- 160- 000 14130 SOUTHPORTST 1 123. 90
196-540- 180- 000 759 SUGAR PINE DR 1 123. 90
196-540- 190- 000 775 SUGAR PINE DR 1 123. 90
196-540- 200- 000 787 SUGAR PINE DR 1 123. 90
196- 540- 210- 000 793 SUGAR PINE DR 1 123. 90
196-540- 220- 000 795 SUGAR PINE DR 1 123. 90
196- 540- 230- 000 801 SUGAR PINE DR 1 123. 90
196-540- 240-000 807 SUGAR PINE OR 1 123. 90
196-540- 250- 000 813 SUGAR PINE DR 1 123. 90
196- 540- 260- 000 8175UGAR PINE DR 1 123. 90
196-540- 270-000 819 SUGAR PINE DR 1 123. 90
196- 540- 280- 000 825 SUGAR PINE DR 1 123. 90
196-540- 290- 000 831 SUGAR PINE DR 1 123. 90
196-540- 300-000 14120 PI N ECR EST ST 1 123. 90
196- 540- 310-000 14130 PINECREST ST 1 123. 90
196- 540- 320- 000 14131 CHANTILLV CT 1 123. 90
196- 540- 330-000 812 SUGAR PINE DR 1 123. 90
196- 540- 340- 000 806 SUGAR PINE DR 1 123. 90
196- 540- 350-000 800 SUGAR PINE DR 1 123. 90
196- 540- 360-000 794 SUGAR PINE DR 1 123. 90
196- 540- 370- 000 786 SUGAR PINE DR 1 123. 90
196- 540- 380-000 774 SUGAR PINE DR 1 123. 90
196- 540- 390- 000 762 SUGAR PINE DR 1 123. 90
196- 540-400- 000 750 SUGAR PINE DR 1 123. 90
196- 540-410-000 742 SUGAR PINE DR 1 123. 90
196-540-420- 000 14230 CEDAR VALLEY OR 1 123. 90
196- 540- 430- 000 14240 CEDAR VALLEY DR 1 123. 90
196-540-440- 000 14300 CEDAR VALLEY DR 1 123. 90
196-540- 450- 000 14310 CEDAR VALLEY DR 1 123. 90
196-540-460-000 14320 CEDAR VALLEY DR 1 123. 90
Slight variances may occur due to rounding
1) Where applicable, the levy has been rounded down to an even cent for County tax roll purposes.

Copyright OO 2013 by NBS Page 8 of 11 04/ 17/ 2023 10: 21: 54AM 482
City of Lathrop
L& LMD No. 93- 1 ( Woodfield Park Maintenance Zone)
Final Billing Detail Report for Fiscal Year 2023/ 24
APN Address Units Levy( 1)
196-540-470-000 14330 CEDAR VAILEY DR 1 123. 90
196- 540-480-000 14400 CEDAR VALLEY DR 1 123. 90
196- 540-490-000 14420 CEDAR VALIEY DR 1 123. 90
196- 540-500- 000 747 SUGAR PINE DR 1 123. 90
196- 550-010- 000 14134 CHANTILLY CT 1 123. 90
196- 550-020- 000 14211 PINEWOOD DR 1 123. 90
196- 550-030- 000 14221 PINEWOOD DR 1 123. 90
196- 550- 040- 000 14301 PINEWOOD DR 1 123. 90
196-550-050-000 14311 PINEWOOD DR 1 123. 90
196-550-060-000 14321 PINEWOOD DR 1 123. 90
196-550-070- 000 14401 PINEW000 DR 1 123. 90
196- 550- 080- 000 14411 PINEWOOD DR 1 123. 90
196- 550- 090- 000 14421 PINEWOOD DR 1 123. 90
196- 550- 100- 000 14501 PINEWOOD DR 1 123. 90
196-550- 110- 000 14513 PINEWOOD DR 1 123. 90
196- 550- 120- 000 14525 PINEWOOD DR 1 123. 90
196-550- 130-000 14537 PINEWOOD DR 1 123. 90
196-550- 140- 000 14536 PINEWOOD DR 1 123. 90
196-550- 150- 000 14524 PINEWOOD DR 1 123. 90
196-550- 160- 000 14512 PINEWOOD DR 1 123. 90
196-550- 170-000 14500 PINEWOOD DR 1 123. 90
196- 550- 180-000 14420 PINEWOOD OR 1 123. 90
196- 550- 190- 000 14410 PINEWOOD DR 1 123. 90
196- 550- 200- 000 14400 PINEWOOD DR 1 123. 90
196-550- 210-000 14320 PINEWOOD DR 1 123. 90
196- 550- 220-000 14300 PfNEW00D DR 1 123. 90
196- 550- 230- 000 14220 PINEWOOD DR 1 123. 90
196- 550- 240- 000 14210 PINEWOOD OR 1 123. 90
196- 550- 250- 000 14200 PINEWOOD DR 1 123. 90
196-550- 260-000 14130 PINEWOOD DR 1 123. 90
196- 550- 270- 000 14120 PINEWOOD DR 1 123. 90
196- 550- 280- 000 14110 PINEWOOD DR 1 123. 90
196- 550- 290-000 8305UGAR PINE DR 1 123. 90
196- 550-300-000 824 SUGAR PINE DR 1 123. 90
196- 550-310- 000 818 SUGAR PINE DR 1 123. 90
196- 560- 010- 000 963 LONG BARN DR 1 123.90
196-560-020-000 951 LONG BARN DR 1 123. 90
196- 560- 030- 000 939 LONG BARN DR 1 123. 90
196-560- 040- 000 927 LONG BARN DR 1 123. 90
196-560- 050- 000 915 LONG BARN DR 1 123. 90
196- 560- 060-000 903 LONG BARN DR 1 123. 90
Slight variances may occur due to rounding
1) Where applicable, the levy has been rounded down to an even cent for County tax roll purposes.

Copyright OO 2013 by NBS Page 9 of 11 04/ 17/ 2023 10: 21: 54AM 483
City of Lathrop
L& LMD No. 93- 1 ( Woodfield Park Maintenance Zone)
Final Billing Detail Report for Fiscal Year 2023/ 24
APN Address Units Levy( 1)
196-560- 070-000 891 IONG BARN DR 1 123. 90
196- 560- 080- 000 900 LONG BARN DR 1 123. 90
196- 560-090-000 912 LONG BARN DR 1 123. 90
196- 560- 100-000 14823 HARBOR CT 1 123. 90
196- 560- 110-000 14825 HARBOR CT 1 123. 90
196- 560- 120-000 14836 HARBOR CT 1 123. 90
196- 560- 130-000 14824 HARBOR CT 1 123. 90
196- 560- 140-000 924 LONG BARN DR 1 123. 90
196- 560- 150-000 936 IONG BARN DR 1 123. 90
196- 560- 160-000 948 IONG BARN DR 1 123. 90
196- 560- 170- 000 960 LONG BARN OR 1 123. 90
196- 560-180-000 972 LONG BARN DR 1 123. 90
196- 560- 190- 000 984 LONG BARN DR 1 123. 90
196- 570- 010- 000 815 CLIFFORD DR 1 123. 90
196- 570- 020- 000 809 CLIFFORD DR 1 123. 90
196- 570- 030- 000 803 CLIFFORD DR 1 123. 90
196- 570- 040- 000 799 CLIFFORD DR 1 123. 90
196- 570- 050- 000 797 CLIFFORD DR 1 123. 90
196- 570-060-000 789 CLIFFORD DR 1 123. 90
196- 570- 070- 000 783 CIIFFORD DR 1 123. 90
196- 570- 080- 000 777 CLIFFORD DR 1 123. 90
196-570- 090- 000 773 CLIFFORD DR 1 123. 90
196- 570- 100- 000 767 CLIFFORD DR 1 123. 90
196- 570- 110-000 14429 PINE VALLEY DR 1 123. 90
196-570- 120-000 14431 PINE VALLEY DR 1 123. 90
196- 570- 130-000 14435 PINE VALLEY DR 1 123. 90
196- 570- 140- 000 14439 PINE VALLEY DR 1 123. 90
196- 570- 150-000 14440 PINE VALLEY DR 1 123. 90
196- 570- 160- 000 14432 PINE VALLEY DR 1 123. 90
196- 570- 170-000 14430 PINE VALLEY DR 1 123. 90
196- 570- 180- 000 770 CLIFFORO DR 1 123. 90
196- 570- 190-000 780 CIIFFORD DR 1 123. 90
196- 570- 200- 000 786 CLIFFORD DR 1 123. 90
196- 570- 210-000 794 CLIFFORD OR 1 123. 90
196- 570- 220- 000 800 CLIFFORD DR 1 123. 90
196- 570- 230- 000 806 CLIFFORD DR 1 123. 90
196- 570- 240- 000 812 CLIFFORD DR 1 123. 90
196-570- 250- 000 818 CLIFFORD DR 1 123. 90
196- 570- 270- 000 824 CLIFFORD DR 1 123. 90
196- 570- 280- 000 830 CLIFFORD DR 1 123. 90
196- 570- 290- 000 14463 SILVER CREEK DR 1 123. 90
Slight variances may occur due to rounding
1) Where applicable, the levy has been rounded down to an even cent for County tax roll purposes.

Copyright O 2013 by NBS Page 10 of 11 04/ 17/ 2023 10: 21: 54AM 484
City of Lathrop
L& LMD No. 93- 1 ( Woodfield Park Maintenance Zone)
Final Billing Detail Report for Fiscal Year 2023/ 24
APN Address Units Levy( 1)
196- 570-300- 000 14475 SILVER CREEK DR 1 123. 90
196- 570-310- 000 14487 SILVER CREEK DR 1 123. 90
196-570- 320- 000 14493 SILVER CREEK DR 1 123. 90
196-570-330-000 14490 SILVER CREEK DR 1 123. 90
196-570-340- 000 14484 SILVER CREEK DR 1 123. 90
196-570-350- 000 14478 SILVER CREEK DR 1 123. 90
196- 570- 360- 000 14472 SILVER CREEK OR 1 123. 90
196-570- 370- 000 14466 SILVER CREEK DR 1 123. 90
196- 570- 380- 000 14460 SILVER CREEK DR 1 123. 90
196-570- 390- 000 833 CLIFFORD DR 1 123. 90
196- 570- 400-000 827 CLIFFORD DR 1 123. 90
196-570- 410- 000 821 CLIFFORD DR 1 123. 90
196-570- 420-000 803 KIIARNEY CT 1 123. 90
196-570-430-000 809 KILARNEY CT 1 123. 90
196- 570- 440-000 813 KILARNEY CT 1 123. 90
196- 570- 450-000 821 KILARNEY CT 1 123. 90
196-570- 460- 000 827 KILARNEY CT 1 123. 90
196- 570-470-000 830 KILARNEY CT 1 123. 90
196-570- 480-000 824 KILARNEY CT 1 123. 90
196- 570- 490-000 816 KILARNEY CT 1 123. 90
196- 570- 500-000 808 KILARNEY CT 1 123. 90
196- 570-510-000 800 KILARNEY CT 1 123. 90
196- 570-520-000 784 KIIARNEY CT 1 123. 90
196- 570-530-000 776 KILARNEY CT 1 123. 90
196- 570- 540-000 768 KILARNEY CT 1 123. 90
196- 570-550- 000 760 KILARNEY CT 1 123. 90
196- 570-560- 000 752 KILARNEY CT 1 123. 90
196-570-570-000 744 KILARNEY CT 1 123. 90
196- 570-580- 000 741 KILARNEY CT 1 123. 90
196-570- 590- 000 749 KILARNEY CT 1 123. 90
196-570- 600- 000 757 KILARNEY CT 1 123. 90
196- 570- 610-000 765 KILARNEY CT 1 123. 90
442 Accounts aax sa,763.80
442 Total Accounts
aaz sa,763. 80
Slight variances may occur due to rounding
1) Where app icable, the levy has been rounded down to an even cent for County tax roll purposes.

Copyright OO 2013 by NBS Page 11 of 11 04/ 17/ 2023 10: 21: 54AM 485
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486
ITEM 5. 3

CITY MANAGER' S REPORT
7ULY 10, 2023 CITY COUNCIL REGULAR MEETING
ITEM: APPOINTMENT OF VOTING DELEGATE/ ALTERNATE
FOR 2023 LEAGUE OF CALIFORNIA CITIES ANNUAL

CONFERENCE
RECOMMENDATION: Approve Appointment of the City' s Voting Delegate and Alternate for the 2023 League of California
Cities Annual Conference, September 20- 22, 2023,
at the Sacramento SAFE Credit Union Convention
Center
BACKGROUND:

Each year, the League of California Cities ( League) holds an Annual Conference and business meeting to decide League policy for the upcoming year. This year, the Conference will be held at the SAFE Credit Union Convention Center in Sacramento, California, September 20- 22, 2023.

League membership considers and takes action on Resolutions that establish League policy. In order for cities to vote at the Annual Business Meeting, the City Council of each corresponding member jurisdiction must designate a voting delegate. Each city may also appoint up to two alternate voting delegates, one of whom may vote in the event that the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.

Additionally, all delegates must be registered to attend the Annual Conference.

However, registration for the entire Annual Conference is not required, they may register for Friday only.

New this year, a pre- conference information session for voting delegates will be provided to explain their role. Once the City Clerk submits the voting delegate form by the deadline, the League will contract the voting delegate/ alternate prior to the conference and provide pre- conference communications with voting delegates.

Vice Mayor Akinjo, and Councilmembers Diallo, Lazard, and Torres- O' Callaghan have registered for this year' s Annual Conference. The City Council as a whole may vote to assign the City of Lathrop voting delegate and alternate( s). Therefore, staff is requesting that the City Council discuss and formally approve a voting delegate and alternate( s) to participate in the General Assembly at the 2023 League Annual Conference representing the City of Lathrop.

The deadline to submit resolutions, 60 days prior to the opening of the annual conference, is July 22, 2023. Therefore, the general resolutions to be voted on during the conference are expected to be distributed to city officials and posted on the League website site on or about August 1, 2023. However, a petitioned resolution can still be submitted during the annual conference and would need to be considered and voted on during the business meeting.
487
CITY MANAGER' S REPORT PAGE 2
ULY 10, 2023 CITY COUNCIL MEETING
VOTING DELEGATE FOR 2023 LEAGUE ANNUAL CONFERENCE
Information regarding the 2023 Annual Conference schedule can be found on the League website at:
https:// www. calcities. org/ detail- pages/ event/ 2023/ 09/ 20/ default- calendar/ annualconference- and- expo.

Information regarding the Resolutions and the General Assembly can be found on the League website at:
https:// www. calcities. org/ advocacy/ resolutions- and- the- general- assembly.

REASON FOR RECOMMENDATION:

The Resolutions process and the approval by the General Assembly during the annual conference become the official League of California Cities policy. Therefore, by participating the City remains informed and participates in the policy decisionmaking process for the League of California Cities.

FISCAL IMPACT:

Sufficient funds are available in the City Council Training & Travel expense account for FY 2023- 24. Typically, funds are set aside for Councilmembers to attend this event in person at an estimate cost of $ 1, 500, per person, which may include:

Conference Registration Fee $ 650
Hotel - approximately $ 175 per night
Parking - approximately $ 25 per day
Meals - approximate $ 100 per day
Mileage and other misc. - $ 100
This trip is subject to reimbursements and allowance set in the new Travel Policy adopted by Resolution No. 22- 5112, unless amended by Council action.

ATTACHMENTS:

A. 2023 Voting Delegate Packet
488
CITY MANAGER' S REPORT PAGE 3
7ULY 10, 2023 CITY COUNCIL MEETING
VOTING DELEGATE FOR 2023 LEAGUE ANNUAL CONFERENCE
APPROVALS:

T resa Vargas Date
Government Services Director/
City Clerk
foR c 7/ S'l oz 3
Cari James Date
Finance Director
7 y
s - z 3
Salvador Navarrete Date
City Attorney
7s-Z3
S ephen J. Salvatore Date
City Manager
489
LEAGUE OF aTTACHMENT A
M

CALIFORNIA

CITI ES
Council Action Advised by August 28, 2023
DATE: Wednesday, June 21, 2023
TO: Mayors, Council Members, City Clerks, and City Managers RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference and Expo, Sept. 20- 22, 2023, Sacramento SAFE Credit Union Convention Center
Every year, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.

Taking place on Sept. 22, the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.

To cast a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.

Please complete the atFached voting delegate form and email it to Cal Cities office no later than Monday, August 28.

New this year, we will host a pre- conference information session for voting delegates to explain their role. Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/ alternate records prior to the conference and provide preconference communications with voting delegates.

Please view Cal Cities' event and meetin. c polic in advance of the conference.

Action by Council Required. Consistent with Cal Cities bylaws, a city' s voting delegate and up to two alternates must be designated by the city council. When completing the attached Voting Delegate form, please attach either a cobv of the council resolution that reflects the council action taken or have your citv clerk or mayor sian the form affirming that the names provided are those selected by the city council.

Please note that desiqnatinq the votina deleqate and alternates must be done by citY co ncil action and cannot be accomplished bv individual action of the mayor or city manaaer alone.
490

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CALIFORNIA

CITI ES
Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration is open on the Cal Cities website.

For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly.

Transferring Voting Card to Non- Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official.

Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

The voting delegate desk, located in the conference registration area of the SAFE Credit Union Convention Center in Sacramento, will be open at the following times:

Wednesday, Sept. 20, 8: 00 a. m.- 6: 00 p. m. and Thursday, Sept. 21, 7: 30 a. m.- 4: 00 p. m. On Friday, Sept. 22, the voting delegate desk will be open at the General Assembly, starting at 7: 30 a. m., but will be closed during roll calls and voting.

The voting procedures that will be used at the conference are attached to this memo.

Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city' s voting delegate and alternates.

Once again, thank you for completing the voting delegate and alternate form and returning it to Cal Cities office by Monday, Aug. 28. If you have questions, please contact Zach Seals at zseals@calcities. orq.

Attachments:

General Assembly Voting Guidelines
Voting Delegate/ Alternate Form
Information Sheet: Cal Cities Resolutions and the General Assembly 491

LEAGUE OF

CALIFORNIA

CITI ES
v
General Assembly Voting Guidelines

1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.

2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.

3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.

4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates ( or alternates), and who have picked up their city' s voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.

5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.

6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.
492

LEAGUE OF
CALIFORNIA CITY:
q.

CITI ES
2023 ANNUAL CONFERENCE

VOTING DELEGATE/ ALTERNATE FORM
Please complete this form and return it to Cal Cities office by Mondav, Au4ust 28, 2023.

Forms not sent by this deadline may be submitFed to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one votin4 deleqate and up to two alternates.

To vote at the General Assembly, voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council.

Please note: Voting delegates and alternates will be seated in a separate area at the General Assembly. Admission to this designated area will be limited to individuals ( voting delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the voting delegate desk.

1. VOTING DELEGATE
Name: Email:

Title:

2. VOTING DELEGATE - ALTERNATE 3. VOTING DELEGATE - ALTERNATE Name: Name:

Title: Title:

Email: Email:

ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES OR ATTEST: I affirm that the information provided reflects action by the city council to designate the voting delegate and alternate( s).

Name: Email:

Mayor or City Clerk: Date: Phone:
circle one) signature)
Please complete and email this form to [email protected] by Monday, August 28, 2023.
493
LEAGUEOF How it works: Cal Cities

CALIFORNIA
y
c T Es Resolutions and the General Assembly
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General Resolutions Cal Cities policy
Sixty days before the Policy Committees development is a Annual Conference and The Cal Cities President member-informed Expo, Cal Cities members pssigns general resolutions process, grounded may submit policy to policy committees where in the voices and proposals on issues of members review, debate, experiences of city importance to cities. The and recommend positions for officials throughout resolution must have the concurrence each policy proposal. Recommendations are the state. of at least five additional member cities forwarded to the Resolutions Committee. or individual members.

The Resolutions
Committee includes
representatives from
e_ y each Cal Cities diversity
caucus, regional
division, municipal
Resolutions Committee department, policy Petitioned Resolutions The Resolutions Committee committee, as well as The petitioned resolution considers all resolutions. individuals appointed by is an alternate method General Resolutions approved' the Cal Cities president. to introduce policy by either a policy committee
proposals during the or the Resolutions Committee Voting delegates annual conference. The are next considered by the General are appointed by each petition must be signed by Assembly. General resolutions not approved, member city; every city voting delegates from 10% of inember or referred for further study by both a policy has one voting delegate. cities, and submitted to the Cal Cities committee and the Resolutions Committee President at least 24 hours before the do not go the General Assembly. All The General Assembly beginning of the General Assembly. Petitioned Resolutions are considered by the is a meeting of the General Assembly, unless disqualified. 2
collective body of
all voting delegates—
one from every
member city.

General Assembly x
Seven Policy i During the General Assembly, voting delegates Committees meet debate and consider general and petitioned throughout the year to resolutions forwarded by the Resolutions Committee.
review and recommend
Potential Cal Cities bylaws amendments are also
positions to take on
considered at this meeting. bills and regulatory
proposals. Policy
committees include
What' s new in 2023? members from each Cal
Voting delegates will receive increased communications to prepare Cities diversity caucus, them for their role during the General Assembly. regional division, The General Assembly will take place earlier to allow more time for municipal department, debate and discussion. as well as individuals
Improvements to the General Assembly process will make it easier for appointed by the Cal voting delegates to discuss and debate resolutions. Cities president.

The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. z Petitioned Resolutions may be disqualified by ihe Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. S( f).

For more information visit www. calcities. org/ general- assembly 494
ITEM 5. 4

CITY MANAGER' S REPORT
ULY 10, 2023 CITY COUNCIL REGULAR MEETING
ITEM: PROVIDE DIRECTION FOR HISTORIC LATHROP
BEAUTIFICATION AND CREATE CIP GG 24- 23
RECOMMENDATION: Adopt Resolution Creating CIP GG 24- 23 Historic Lathrop Beautification Project and Approving
Related Budget Amendment
SUMMARY:

On June 12, 2023 City Council requested that an item be brought back to discuss Historic Lathrop Beautification.

Staff identified some preliminary locations for Council' s consideration, including the northern end of 5th Street near Lathrop Road, the southern end of 5th Street near Louise Avenue and Basin Park near Woodfield Drive. Staff has also gathered information on potential project scopes for Council' s consideration, including monument signs, roadway arches and decorative fountains.

Staff is requesting that City Council provide direction on a preferred project scope and approve the creation of CIP GG 24- 23, Historic Lathrop Beautification. Staff is also requesting the approval of a budget amendment allocating $ 100, 000 to start the design process utilizing Measure C Funds.

BACKGROUND:

The City of Lathrop was incorporated in 1989 and includes several different development areas that have been constructed over the past few years. The newer development areas include a corresponding specific plan that guides design standards and often incorporate beautification elements.

Historic Lathrop, generally known as the area bounded by Lathrop Road on the north, Louise Avenue on the south, Harlan Road on the west and 7th Street on the east, predates the City' s incorporation in 1989. Historic Lathrop does not have a specific plan with individual design standards and beautification elements.

On June 12, 2023 City Council requested that an item be brought back to discuss Historic Lathrop Beautification.

REASON FOR RECOMMENDATION:

Approving the creation of CIP GG 24- 23 will allow the City to begin planning and procuring professional services for the Project. Staff will update Council as design progresses and return at a later date to request award of a construction contract. 495
CITY MANAGER' S REPORT PAGE 2
JULY 10, 2023 CITY COUNCIL REGULAR MEETING
CREATE CIP GG 24- 23 HISTORIC LATHROP BEAUTIFICATION PROJECT FISCAL IMPACT:

To initiate the Project and fund the design, staff is requesting the approval of a budget amendment allocating $ 100, 000 to start the design process utilizing Measure C Funds, subject to Measure C Oversight Committee approval. Therefore, staff is requesting City Council approve a budget amendment transferring $ 100, 000 from General Fund ( 1010) to the CIP Project Fund ( 3010), to be reimbursed by Measure C Fund ( 1060) upon review and approval by the Measure C Oversight Committee.

Increase Transfer Out
1010- 9900- 990- 9010 100, 000
Increase Transfer In
3010- 9900- 393- 0000 GG 24- 23 100, 000
Increase Expenditures
3010- 8000- 420- 12- 00 GG 24- 23 100, 000
ATTACH M ENTS:

A. Resolution Creating CIP GG 24- 23 Historic Lathrop Beautification Project and Approving Related Budget Amendment
496
CITY MANAGER' S REPORT PAGE 3
JULY 10, 2023 CITY COUNCIL REGULAR MEETING
CREATE CIP GG 24- 23 HISTORIC LATHROP BEAUTIFICATION PROJECT APPROVALS:
61 3
Brad T lor Date
City Engineer
1 00
Cari Jam Date
Finance i ector
1 1 • S • Zo Z3
Michael King Date
Assistant City Manager
S ' t_d z..3
Salvador Navarrete Date
City Attorney
1- Co• 2
St n J. Salvatore Date
City Manager
497
RESOLUTION NO. 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP CREATING CIP GG 24- 23 HISTORIC LATHROP BEAUTIFICATION PROJECT AND

APPROVING RELATED BUDGET AMENDMENT
WHEREAS, the City of Lathrop was incorporated in 1989 and includes several different development areas that have been constructed over the past few years; and WHEREAS, newer development areas include a corresponding specific plan that guides design standards and often incorporate beautification elements; and WHEREAS, Historic Lathrop, generally known as the area bounded by Lathrop Road on the north, Louise Avenue on the south, Harlan Road on the west and 7th Street on the east, predates the City' s incorporation in 1989; and WHEREAS, Historic Lathrop does not have a specific plan with individual design standards and beautification elements; and
WHEREAS, on June 12, 2023 City Council requested that an item be brought back to discuss Historic Lathrop Beautification; and
WHEREAS, staff is requesting that City Council approve the creation of CIP GG 24- 23 Historic Lathrop Beautification; and
WHEREAS, to initiate the Project and fund the design, staff is requesting the approval of a budget amendment allocating $ 100, 000 to start the design process utilizing Measure C Funds, subject to Measure C Oversight Committee approval.

Therefore, staff is requesting City Council approve a budget amendment transferring 100, 000 from General Fund ( 1010) to the CIP Project Fund ( 3010), to be reimbursed by Measure C Fund ( 1060) upon review and approval by the Measure C Oversight Committee.

Increase Transfer Out
1010- 9900- 990- 9010 100, 000
Increase Transfer In
3010- 9900- 393- 0000 GG 24- 23 100, 000
Increase Expenditures
3010- 8000- 420- 12- 00 GG 24- 23 100, 000
498
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby approves the creation of Capital Improvement Project ( CIP) GG 24- 23 Historic Lathrop Beautification; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop also approves a budget amendment transferring $ 100, 000 from General Fund ( 1010) to the CIP Project Fund ( 3010), to be reimbursed by Measure C Fund ( 1060) upon review and approval by the Measure C Oversight Committee.

Increase Transfer Out
1010- 9900- 990- 9010 100, 000
Increase Transfer In
3010- 9900- 393- 0000 GG 24- 23 100, 000
Increase Expenditures
3010- 8000- 420- 12- 00 GG 24- 23 100, 000
499
The foregoing resolution was passed and adopted this 10th day of July, 2023, by the following vote of the City Council, to wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS T FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 500