October 9, 2023 – Regular Meeting Agenda – 7:00 p.m.
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October 9, 2023 – City Council Regular Meeting – 7:00 p.m.
City Council Chamber
390 Towne Centre Drive
Lathrop, California
(209) 941-7200
www.ci.lathrop.ca.us
City Council
Sonny Dhaliwal, Mayor
Paul Akinjo, Vice Mayor
Minnie Diallo
Diane Lazard
Jennifer Torres-O’Callaghan
City Staff
Stephen Salvatore, City Manager
Salvador Navarrete, City Attorney
Michael King, Assistant City Manager
Thomas Hedegard, Deputy City Manager
Teresa Vargas, Government Services
Director / City Clerk
Brad Taylor, City Engineer
Tony Fernandes, Information Systems Director
Cari James, Finance Director
Juliana Burns, Human Resources Director
Rick Caguiat, Community Development
Director
Todd Sebastian, Parks, Recreation and
Maintenance Services Director
Stephen Sealy, Interim Chief of Police
General Order of Business
1. Preliminary
• Call to Order
• Closed Session
• Roll Call
• Invocation
• Pledge of Allegiance
• Announcements by Mayor/City Mgr.
• Informational Items
• Declaration of Conflict of Interest
2. Presentations
3. Citizen’s Forum
4. Consent Calendar
5. Scheduled Items
• Public Hearings
• Appeals
• Referrals and Reports from
Commissions and Committees
• All Other Staff Reports and/or Action
Items
• Study Sessions
6. Council Communications
7. Adjournment
Order of Discussion
Generally, the order of discussion after introduction
of an item by the Mayor will include comments and
information by staff followed by City Council
questions and inquiries. The applicant, or their
authorized representative, or interested residents,
may then speak on the item; each speaker may only
speak once to each item. At the close of public
discussion, the item will be considered by the City
Council and action taken.
Consent Calendar
Items on the Consent Calendar are considered
routine by the City Council and will be enacted by one
motion and one vote. There will be no separate
discussion of these items unless a Councilmember or
interested resident so requests, in which case the
item will be removed from the Consent Calendar and
considered separately.
October 9, 2023 Lathrop City Council Regular Meeting Agenda Page 1
IMPORTANT NOTICE REGARDING THIS MEETING
This public meeting will be conducted in person; all members of the City Council will attend in person. Members of the public are welcomed in person. This meeting will also be available for public participation by teleconference via ZoomGov at the following link:
https://www.zoomgov.com/j/1616066264?pwd=ZlRoYXhDVzRFWH EzcE8waHl3OUdLZz09
During the meeting, those joining by ZoomGov, will be allowed to speak prior to the close of public comment on an item. If you are using this method, please “raise the hand” feature to inform the City Clerk (meeting host) you wish to speak on the matter.
Please ensure your computer speaker and microphone are fully functional.
For audio / calling in only, dial: +1 (669) 254-5252 or +1 (669) 216-1590 o To request to speak (same as the “raise hand” feature) press *9 / When the City Clerk calls your name, press *6 to unmute.
Meeting Webinar ID: 161 606 6264 / Passcode: 782222
If you are not able to attend the meeting in person or virtually - Public comment/questions will be accepted by email to City Clerk Teresa Vargas at [email protected] or by calling (209) 941-7230 Questions or comments must be submitted by 4:00 p.m., on the day of the meeting.
To address City Council in person, please submit a purple card to the City Clerk indicating name, address, and number of the item upon which a person wishes to speak.
Council Meetings are live-streamed (with Closed Captioning) on Comcast Cable Channel 97, and on the City Council Webpage: https://www.ci.lathrop.ca.us/citycouncil/page/live-stream Addressing the Council
Any person may speak once on any item under discussion by the City Council after receiving recognition by the Mayor. Purple speaker cards will be available prior to and during the meeting. To address City Council, a card must be submitted to the City Clerk indicating name, address and number of the item upon which a person wishes to speak. When addressing the City Council, please walk to the lectern located in front of the City Council. State your name and address. In order to ensure all persons have the opportunity to speak, a time limit will be set by the Mayor for each speaker (see instructions on speaker form). In the interest of time, each speaker may only speak once on each individual agenda item; please limit your comments to new material; do not repeat what a prior speaker has said. If you challenge the nature of a proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing.
October 9, 2023 Lathrop City Council Regular Meeting Agenda Page 2 Citizen’s Forum
Any person desiring to speak on a matter, which is not scheduled on this agenda, may do so under the Citizen’s Forum section. Please submit your purple speaker card to the City Clerk prior to the commencement of Citizen’s Forum, or submit your request to speak via the “raise hand” feature in ZoomGov. Only those who have submitted speaker cards, or have expressed an interest to speak, prior to the conclusion of Citizen’s Forum will be called upon to speak.
Please be aware the California Government Code prohibits the City Council from taking any immediate action on an item, which does not appear on the agenda, unless the item meets stringent statutory requirements. The Mayor will limit the length of your presentation (see instructions on speaker form) and each speaker may only speak once on this agenda item.
Please note, the Council Chamber has limited occupancy due to social distancing.
To leave a voice message for all Councilmembers simultaneously, dial (209) 941-7230. To send an e-mail for Councilmembers simultaneously email: [email protected]. This City Council Agenda and meeting materials can be accessed by computer or any smart device at: https://www.ci.lathrop.ca.us/meetings
General Information
For reports citing supplemental documents relating to specific agenda items, these are available for review in the City Clerk’s Office. This agenda was posted at the following locations: City Hall, Community Center, Generations Center, Senior Center, and the LathropManteca Fire District “J" Street and Somerston Parkway Offices. The meetings of the Lathrop City Council are broadcast on Lathrop Comcast Cable Television Channel 97 and live streamed on the City’s website.
Assistance will be provided to those requiring accommodations for disabilities in compliance with the Americans with Disabilities Act of 1990. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility and/or accommodations to this meeting. [28 CFR 35.102-35.104 ADA Title II] Interested persons must request the accommodation at least 2 working days in advance of the meeting by contacting the City Clerk at (209) 941-7230. Information about the City or items scheduled on the Agenda may be referred to:
Teresa Vargas, MMC
Government Services Director / City Clerk
390 Towne Centre Drive
Lathrop, CA 95330
Telephone: (209) 941-7230
October 9, 2023 Lathrop City Council Regular Meeting Agenda Page 3
CITY OF LATHROP
CITY COUNCIL REGULAR MEETING
MONDAY, OCTOBER 9, 2023
7:00 P.M.
COUNCIL CHAMBER, CITY HALL
390 Towne Centre Drive
Lathrop, CA 95330
AGENDA
PLEASE NOTE: There will be no Closed Session. The Regular Meeting will begin at 7:00 p.m.
1. PRELIMINARY
1.1 CALL TO ORDER
1.2 ROLL CALL
1.3 INVOCATION
1.4 PLEDGE OF ALLEGIANCE
1.5 ANNOUNCEMENT(S) BY MAYOR / CITY MANAGER
1.6 INFORMATIONAL ITEM(S) – None
1.7 DECLARATION OF CONFLICT(S) OF INTEREST
2. PRESENTATIONS
2.1 INTRODUCTION PROCLAMATION HONORING NATIONAL HISPANIC
HERITAGE MONTH
2.2 QUARTERLY ECONOMIC DEVELOPMENT PRESENTATION
3. CITIZEN’S FORUM
Any person desiring to speak on a matter, which is not scheduled on this agenda, may do so under Citizen’s Forum. Please submit a purple speaker card to the City Clerk prior to the commencement of Citizen’s Forum. Only those who have submitted speaker cards, or have expressed an interest to speak, prior to the conclusion of Citizen’s Forum will be called upon to speak. Please be aware the California Government Code prohibits the City Council from taking any immediate action on an item, which does not appear on the agenda, unless the item meets stringent statutory requirements. The City Council can, however, allow its members or staff to briefly (no more than five (5) minutes) respond to statements made, to ask questions for clarification, make a brief announcement or report on his or her own activities. (See California Government Code Section 54954.2(a)). Unless directed otherwise by a October 9, 2023 Lathrop City Council Regular Meeting Agenda Page 4 majority of the City Council, all questions asked and not answered at the meeting will be responded to in writing within 10 business days. ALL PUBLIC COMMENTS MUST BE
MADE IN COMPLIANCE WITH THE LATHROP CITY COUNCIL HANDBOOK OF RULES AND PROCEDURES!
4. CONSENT CALENDAR
Items on the Consent Calendar are considered routine by the City Council and will be enacted by one motion and one vote. There will be no separate discussion of these items unless the Mayor, Councilmember, or citizen so requests, in which event the item will be removed from the Consent Calendar and considered separately.
4.1 WAIVING OF READING OF ORDINANCES AND RESOLUTIONS
Waive the Reading in Full of Ordinances and Resolutions on Agenda and Adopt by Reading of Title Only, Unless Otherwise Requested by the Mayor or a Councilmember
4.2 APPROVAL OF MINUTES
Approve Minutes for the Regular Council Meeting of August 14, 2023
4.3 SECOND READING AND ADOPTION OF ORDINANCE 23-448 OF THE CITY COUNCIL OF THE CITY OF LATHROP AMENDING TITLE 2
“ADMINISTRATION AND PERSONNEL”, CHAPTER 2.36 “PURCHASING SYSTEM”, SECTION 2.36.110 “EXCEPTIONS TO PURCHASING
PROCEDURES AND LIMITS”
Waive Full Reading and Adopt Ordinance 23-448 Amending Title 2, Chapter 2.36 “Purchasing System”, Section 2.36.110 “Exceptions To Purchasing Procedures and Limits” by Adding a New Section (“D”) to Allow Cooperative Purchasing Agreements
4.4 TREASURER’S REPORT FOR JUNE 2023
Approve Quarterly Treasurer’s Report for June 2023
4.5 PLANNING FEE WAIVER REQUEST BY THRIVE CHURCH (TUP-23-105) Adopt Resolution Waiving the Temporary Use Permit Application Processing and Document Retention Fees for the Thrive Church, in the Combined Amount of $392
4.6 APPROVE 2023 FACILITY FEE WAIVER REQUEST FOR LATHROP LITTLE LEAGUE
Adopt Resolution Approving a Facility Fee Waiver Request from Lathrop Little League for the Use of Scott Brooks Gymnasium on October 20, 2023 from 10:00 a.m. to 10:00 p.m. for a Registration Night Event
4.7 APPROVE 2023 FACILITY FEE WAIVER REQUEST FOR LIFT UP YOUR HEAD THERAPEUTIC GROUP HOMES, INC.
Adopt Resolution Approving a Facility Fee Waiver Request from Lift Up Your Head Therapeutic Group Homes, Inc, for the Use of the Lathrop October 9, 2023 Lathrop City Council Regular Meeting Agenda Page 5 Senior Center on December 16, 2023 from 10:00 a.m. to 7:00 p.m. to Host a Christmas Luncheon
4.8 APPROVE THE NAMING OF NEW CITY PARK
Adopt Resolution Naming the New Acres Community Neighborhood Park after Missionary Minnie Lee Cotton
4.9 APPROVE CONTRACT WITH HOLT OF CALIFORNIA INC. FOR CITYWIDE
GENERATOR AND FIRE PUMP MAINTENANCE AND APPROVE BUDGET
AMENDMENT
Adopt Resolution Approving a Contract with Holt of California Inc. for Citywide Generator and Fire Pump Maintenance and Approve Budget Amendment
4.10 APPROVE CONTRACT CHANGE ORDER NO. 31 WITH DAVID SILVA, DBA
SILVA LANDSCAPE FOR LANDSCAPE IRRIGATION SYSTEMS
MAINTENANCE SERVICES AND APPROVE BUDGET AMENDMENT
Adopt Resolution Approving Contract Change Order No. 31 with David Silva, dba Silva Landscape for Landscape Irrigation Systems Maintenance Services and Approve Budget Amendment
4.11 APPROVE APPOINTMENT OF A PUBLIC MEMBER TO THE SAN JOAQUIN
AREA FLOOD CONTROL AGENCY BOARD OF DIRECTORS
Adopt Resolution Appointing a Public Member to the San Joaquin Area Flood Control Agency Board of Directors and to the Enhanced Infrastructure Financing District Public Financing Authority
4.12 APPROVE PURCHASE AND INSTALLATION OF SWARCO MCCAIN, INC.
PRODUCTS FOR CITY-WIDE TRAFFIC SYSTEMS AND SAFETY UPGRADES PROJECT, CIP PS 23-01 AND APPROVE BUDGET AMENDMENT
Adopt Resolution Approving the Purchase and Installation of Swarco McCain Inc. Products for the Citywide Traffic Systems and Safety Upgrades Project, CIP PS 23-01 and Approve Budget Amendment
4.13 AWARD CONSTRUCTION CONTRACT TO DSS COMPANY DBA KNIFE
RIVER CONSTRUCTION FOR CONSTRUCTION OF LOUISE AVENUE AND MCKINLEY AVENUE INTERSECTION IMPROVEMENTS, CIP PS 15-02 AND
APPROVE BUDGET AMENDMENT
Adopt Resolution to Award a Construction Contract to DSS Company dba Knife River Construction for Construction of Louise Avenue and McKinley Avenue Intersection Improvements, CIP PS 15-02 and Approve Budget Amendment
4.14 AWARD CONSTRUCTION CONTRACT TO DIRT DYNASTY, INC. FOR CONSTRUCTION OF SIDEWALK INFILL AT “J” STREET AND 5TH STREET INTERSECTION, CIP PS 23-09
October 9, 2023 Lathrop City Council Regular Meeting Agenda Page 6 Adopt Resolution to Award a Construction Contract to Dirt Dynasty, Inc. for Construction of Sidewalk Infill at “J” Street and 5th Street Intersection, CIP PS 23-09
4.15 ACCEPT PUBLIC IMPROVEMENTS WITH ASSOCIATED CONDITIONS FOR STANFORD PLACE, SPARTAN WAY AT CENTRAL PACIFIC, AND PHASE 1D
PARK IMPROVEMENTS FROM LATHROP LAND ACQUISITION, LLC,
LOCATED WITHIN THE CLSP AREA, AND APPROVE BUDGET
AMENDMENT AND CHANGE ORDERS FOR MAINTENANCE
Adopt Resolution Accepting Public Improvements with Associated Conditions for Stanford Place, Spartan Way at Central Pacific, and Phase 1D Park Improvements from Lathrop Land Acquisition, LLC, Located within the CLSP Area, and Approving Budget Amendment and Change Orders for Maintenance
4.16 CREATE CIP PK 24-26, EAGLE’S LANDING PARK, APPROVE REIMBURSEMENT AGREEMENT WITH D.R. HORTON, AND APPROVE
BUDGET AMENDMENT FOR NEIGHBORHOOD PARK WITHIN TRACT 4151 Adopt Resolution Creating CIP PK 24-26, Eagle’s Landing Park, Approving Reimbursement Agreement with D.R. Horton, and Approving Budget Amendment for Neighborhood Park within Tract 4151
RIVER ISLANDS DEVELOPMENT CONSENT ITEM(S)
4.17 RESCIND PREVIOUS APPROVAL AND APPROVE MODIFIED FINAL MAP FOR TRACT 4131 VILLAGE “KK” AND SUBDIVISION IMPROVEMENT AGREEMENT FOR 75 LOTS WITHIN OLD RIVER DISTRICT OF RIVER
ISLANDS
Adopt Resolution Rescinding Previous Approval and Approving Modified Final Map for Tract 4131 Village “KK” within the Old River District, Totaling 75 Multi-Family Lots, and Subdivision Improvement Agreement with River Islands Stage 2B, LLC
4.18 APPROVE FINAL MAP, AND SUBDIVISION IMPROVEMENT AGREEMENT FOR 95 LOTS IN TRACT 4130 VILLAGE “II” WITHIN OLD RIVER
DISTRICT OF RIVER ISLANDS
Adopt Resolution Approving Final Map for Tract 4130 Village “II” within the Old River District, Totaling 95 Single Family Lots, and Subdivision Improvement Agreement with River Islands Stage 2B, LLC
4.19 APPROVE FINAL MAP, CFD ANNEXATION, AND SUBDIVISION IMPROVEMENT AGREEMENT FOR 29 LOTS IN TRACT 4173 VILLAGE 41 UNIT 1 WITHIN LAKE HARBOR WEST DISTRICT OF RIVER ISLANDS Adopt Resolution Approving Final Map for Tract 4173 Village 41 Unit 1 within the Lake Harbor West District, Totaling 29 Single Family Lots, Annexation into CFD 2023-1, and Subdivision Improvement Agreement with River Islands Development Area 1, LLC
October 9, 2023 Lathrop City Council Regular Meeting Agenda Page 7
5. SCHEDULED ITEMS
(Please Note - A discussion item was noticed for a Public Hearing to consider an ordinance to amend the Lathrop Municipal Code Title 2 (Administration and Personnel), Chapter 2.04 (City Council), Section 2.04.020 (Compensation of City Council), to increase City Council Compensation in Accordance with new Senate Bill 329 (Dodd). This item is being pulled by staff, this item will not be presented, there is no current action requested at this time.)
5.1 PUBLIC HEARING (PUBLISHED NOTICE) TO CONSIDER THE GENERAL PLAN AND ZONING CONSISTENCY PROJECT (TA-23-93)
City Council to Consider the Following:
1. Hold a Public Hearing; and
2. Adopt Resolution to Find the Project Exempt from Further Environmental Review Pursuant to Public Resources Code Section 21083.3 and California Environmental Quality Act (CEQA) Guidelines Section 15183.
3. Adopt Resolution to Amend the Mossdale Landing and Mossdale Landing South Urban Design Concepts (UDC’s) for Consistency with the 2022 Lathrop General Plan Update.
4. First Reading and Introduction of an Ordinance to Amend the Lathrop Zoning Map, Modify Title 10 (Vehicles and Traffic) of the Lathrop Municipal Code, and Adopt Various Amendments to Title 17 (Zoning) of the Lathrop Municipal Code for Consistency with the 2022 Lathrop General Plan Update
5.2 PUBLIC HEARING (PUBLISHED NOTICE) TO CONSIDER THE CENTRAL LATHROP SPECIFIC PLAN PHASE 2 AMENDMENT AND CODE TEXT
AMENDMENT NO. TA-23-104
City Council to Consider the Following:
1. Hold a Public Hearing;
2. Adopt Resolution to Find the Project Exempt from Further Environmental Review Pursuant to Public Resources Code Section 21083.3 and California Environmental Quality Act (CEQA) Guidelines Section 15183; and
3. First Reading and Introduction of an Ordinance to Approve the Central Lathrop Specific Plan (CLSP) Phase 2 Amendment and Code Text Amendment to Modify Chapter 17.62, Central Lathrop Zoning Districts to add Article 6, IL-CL: Limited Industrial Zoning Districts and Modify Section 17.62.120 B of the Lathrop Municipal Code
5.3 PUBLIC HEARING (PUBLISHED NOTICE) TO CONSIDER CONDITIONAL USE PERMIT NO. CUP-23-08 AND SITE PLAN REVIEW NO. SPR-23-09
FOR THE ASHLEY FURNITURE PROJECT
City Council to Consider the Following:
1. Hold a Public Hearing;
2. Adopt Resolution to Find the Project Exempt from Further Environmental Review Pursuant to Public Resources Code Section October 9, 2023 Lathrop City Council Regular Meeting Agenda Page 8 21083.3 and California Environmental Quality Act (CEQA) Guidelines Section 15183; and
3. Adopt Resolution to Approve a Conditional Use Permit and Site Plan Review for the Ashley Furniture Project to Allow for the Construction of an Approximately 1.5 Million Square Foot Concrete Tilt-Up Building Located within the Central Lathrop Specific Plan Phase 2 Area
5.4 PUBLIC HEARING (PUBLISHED NOTICE) TO CONSIDER ADOPTING AN ORDINANCE AMENDING THE LATHROP MUNICIPAL CODE TITLE 12
“STREETS, SIDEWALKS AND PUBLIC PLACES”, CHAPTER 12.12
“IMPROVEMENTS AND DEDICATIONS”, SECTION 12.12.060
“IMPROVEMENTS TO EXISTING BUILDINGS”
City Council to Consider the Following Items:
1. Hold a Public Hearing; and
2. First Reading and Introduction of an Ordinance Amending Title 12 “Streets, Sidewalks and Public Places”, Chapter 12.12
“Improvements and Dedications”, Section 12.12.060
“Improvements to Existing Buildings” to Modify the Language to Require Frontage Improvements Upon Addition of Improvements to Existing Sites
5.5 REVIEW AND CONSIDER TRAFFIC SAFETY ENHANCEMENT OPTIONS
FOR RIVER ISLANDS PARKWAY AT THE INTERSECTIONS OF BOSCH AVENUE AND IMPERIAL DRIVE, CIP PS 24-07
Council to Consider Options for Traffic Safety Enhancement for River Islands Parkway at the Intersections of Bosch Avenue and Imperial Drive, CIP PS 24-07
5.6 CITY COUNCIL DISCUSSION REGARDING REGULATION AND PERMIT
OPTIONS FOR HOOKAH LOUNGE
City Council to Discuss and Provide Staff Direction as to Whether to Prepare an Ordinance for Review by the Planning Commission and Subsequent Consideration of the City Council, for Regulation and Permit Options for Hookah Lounge Establishments
5.7 FISCAL YEAR (FY) 2022-23 YEAR-END BUDGET REPORT AND RELATED AMENDMENTS AND AMENDMENTS TO THE FISCAL YEAR 2023-24
BUDGET
Adopt Resolution Approving the FY 2022-23 Year-End Report and Related Budget Amendments and Amending the FY 2023-24 Budget
6. COUNCIL COMMUNICATIONS
6.1 MAYOR & COUNCILMEMBER COMMITTEE REPORT(S)
• Central Valley Executive Committee/LOCC (Akinjo/Diallo) • Council of Governments (Lazard/Diallo)
October 9, 2023 Lathrop City Council Regular Meeting Agenda Page 9 • Integrated Waste Management Solid Waste Division (Akinjo/TorresO’Callaghan) • Reclamation District 17 Joint Powers Authority (Salvatore) • San Joaquin Partnership Board of Directors (Salvatore) • San Joaquin County Commission on Aging (Vacancy)
• San Joaquin Valley Air Pollution Control District (Akinjo/Dhaliwal) • Water Advisory Board (Torres-O’Callaghan/Lazard)
• Tri Valley-San Joaquin Valley Regional Rail Authority (Akinjo) • San Joaquin Area Flood Control Agency (Akinjo/Lazard/Torres-O’Callaghan) • LAFCo (Diallo)
6.2 MAYOR & COUNCILMEMBER COMMENT(S)
7. ADJOURNMENT
/Teresa Vargas/
Teresa Vargas, MMC
Government Services Director
City Clerk