November 13, 2023 – Regular Meeting Agenda – 7:00 p.m.
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November 13, 2023 – City Council Regular Meeting – 7:00 p.m.
City Council Chamber
390 Towne Centre Drive
Lathrop, California
(209) 941-7200
www.ci.lathrop.ca.us
City Council
Sonny Dhaliwal, Mayor
Paul Akinjo, Vice Mayor
Minnie Diallo
Diane Lazard
Jennifer Torres-O’Callaghan
City Staff
Stephen Salvatore, City Manager
Salvador Navarrete, City Attorney
Michael King, Assistant City Manager
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 and Recreation
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.
November 13, 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/1619773111?pwd=YyszQ0N5U1BvY0pmOW g5alY1OXN5Zz09
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: 161 977 3111 / Passcode: 222349
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.
November 13, 2023 Lathrop City Council Regular Meeting Agenda Page 2 Citizen’s Forum
Any person desiring to speak on a matter, which is not scheduled on this agenda, may do so under the Citizen’s Forum section. Please submit your purple speaker card to the City Clerk prior to the commencement of Citizen’s Forum, or submit your request to speak via the “raise hand” feature in ZoomGov. Only those who have submitted speaker cards, or have expressed an interest to speak, prior to the conclusion of Citizen’s Forum will be called upon to speak.
Please be aware the California Government Code prohibits the City Council from taking any immediate action on an item, which does not appear on the agenda, unless the item meets stringent statutory requirements. The Mayor will limit the length of your presentation (see instructions on speaker form) and each speaker may only speak once on this agenda item.
Please note, the Council Chamber has limited occupancy due to social distancing.
To leave a voice message for all Councilmembers simultaneously, dial (209) 941-7230. To send an e-mail for Councilmembers simultaneously email: [email protected]. This City Council Agenda and meeting materials can be accessed by computer or any smart device at: https://www.ci.lathrop.ca.us/meetings
General Information
For reports citing supplemental documents relating to specific agenda items, these are available for review in the City Clerk’s Office. This agenda was posted at the following locations: City Hall, Community Center, Generations Center, Senior Center, and the LathropManteca Fire District “J" Street and Somerston Parkway Offices. The meetings of the Lathrop City Council are broadcast on Lathrop Comcast Cable Television Channel 97 and live streamed on the City’s website.
Assistance will be provided to those requiring accommodations for disabilities in compliance with the Americans with Disabilities Act of 1990. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility and/or accommodations to this meeting. [28 CFR 35.102-35.104 ADA Title II] Interested persons must request the accommodation at least 2 working days in advance of the meeting by contacting the City Clerk at (209) 941-7230. Information about the City or items scheduled on the Agenda may be referred to:
Teresa Vargas, MMC
Government Services Director / City Clerk
390 Towne Centre Drive
Lathrop, CA 95330
Telephone: (209) 941-7230
November 13, 2023 Lathrop City Council Regular Meeting Agenda Page 3
CITY OF LATHROP
CITY COUNCIL REGULAR MEETING
MONDAY, NOVEMBER 13, 2023
7:00 P.M.
COUNCIL CHAMBER, CITY HALL
390 Towne Centre Drive
Lathrop, CA 95330
AGENDA
PLEASE NOTE: There will be a Closed Session commencing at 5:30 p.m. The Regular Meeting will reconvene at 7:00 p.m., or immediately following the Closed Session, whichever is later.
1. PRELIMINARY
1.1 CALL TO ORDER
1.2 CLOSED SESSION
1.2.1 CONFERENCE WITH LEGAL COUNSEL: Anticipated Litigation - Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(b) and 54956.9(e)(1)
• 1 Potential Case(s)
1.2.2 CONFERENCE WITH LABOR NEGOTIATOR Pursuant to
Government Code Section 54957.6
Agency Negotiator: Stephen J. Salvatore, City Manager
Unrepresented Employee: Stephen Sealy, Interim Police Chief
1.2.3 CONFERENCE WITH LABOR NEGOTIATOR Pursuant to
Government Code Section 54957.6
Agency Negotiator: Thomas Hedegard, Deputy City Manager Unrepresented Employee: Stephen J. Salvatore, City Manager
1.2.4 CONFERENCE WITH LABOR NEGOTIATOR Pursuant to
Government Code Section 54957.6
Agency Negotiator: Stephen J. Salvatore, City Manager
Employee Organization: Lathrop Police Officer’s Association
1.2.5 CONFERENCE WITH LEGAL COUNSEL Existing Litigation Pursuant to Government Code 54956.9(a)
City of Lathrop vs. 3M Company, et. al., United States District Court of South Carolina, Charleston Division, Master Docket No. 2:18-mn-2873-RMG
November 13, 2023 Lathrop City Council Regular Meeting Agenda Page 4
RECONVENE
1.2.6 REPORT FROM CLOSED SESSION
1.3 ROLL CALL
1.4 INVOCATION
1.5 PLEDGE OF ALLEGIANCE
1.6 ANNOUNCEMENT(S) BY MAYOR / CITY MANAGER
1.7 INFORMATIONAL ITEM(S) – None
1.8 DECLARATION OF CONFLICT(S) OF INTEREST
2. PRESENTATIONS
2.1 PROCLAMATION DECLARING NOVEMBER AS SIKH AWARENESS AND
APPRECIATION MONTH
2.2 PRESENTATION TO PROVIDE UPDATES ASSOCIATED WITH CAMERA SYSTEMS FOR CITY PARKS, CIP GG 22-35 AND TRAFFIC TECHNOLOGY, CIP PS 23-01
3. CITIZEN’S FORUM
Any person desiring to speak on a matter, which is not scheduled on this agenda, may do so under Citizen’s Forum. Please submit a purple speaker card to the City Clerk prior to the commencement of Citizen’s Forum. Only those who have submitted speaker cards, or have expressed an interest to speak, prior to the conclusion of Citizen’s Forum will be called upon to speak. Please be aware the California Government Code prohibits the City Council from taking any immediate action on an item, which does not appear on the agenda, unless the item meets stringent statutory requirements. The City Council can, however, allow its members or staff to briefly (no more than five (5) minutes) respond to statements made, to ask questions for clarification, make a brief announcement or report on his or her own activities. (See California Government Code Section 54954.2(a)). Unless directed otherwise by a majority of the City Council, all questions asked and not answered at the meeting will be responded to in writing within 10 business days. ALL PUBLIC COMMENTS MUST BE
MADE IN COMPLIANCE WITH THE LATHROP CITY COUNCIL HANDBOOK OF RULES AND PROCEDURES!
4. CONSENT CALENDAR
Items on the Consent Calendar are considered routine by the City Council and will be enacted by one motion and one vote. There will be no separate discussion of these items unless the Mayor, Councilmember, or citizen so requests, in which event the item will be removed from the Consent Calendar and considered separately.
November 13, 2023 Lathrop City Council Regular Meeting Agenda Page 5
4.1 WAIVING OF READING OF ORDINANCES AND RESOLUTIONS
Waive the Reading in Full of Ordinances and Resolutions on Agenda and Adopt by Reading of Title Only, Unless Otherwise Requested by the Mayor or a Councilmember
4.2 APPROVAL OF MINUTES
Approve Minutes for the Regular Council Meeting of September 11, 2023
4.3 SECOND READING AND ADOPTION OF ORDINANCE 23-449 OF THE CITY
COUNCIL OF THE CITY OF LATHROP AMENDING THE LATHROP ZONING MAP, MODIFYING TITLE 10 (VEHICLES AND TRAFFIC) OF THE LATHROP
MUNICIPAL CODE, AND ADOPTING VARIOUS AMENDMENTS TO TITLE 17 (ZONING) OF THE LATHROP MUNICIPAL CODE FOR CONSISTENCY WITH THE 2022 LATHROP GENERAL PLAN UPDATE (TA-23-93)
Waive Full Reading and Adopt Ordinance 23-449 Amending the Lathrop Zoning Map, Modifying Title 10 (Vehicles and Traffic) of the Lathrop Municipal Code, and Adopting Various Amendments to Title 17 (Zoning) of the Lathrop Municipal Code for Consistency with the 2022 Lathrop General Plan Update (TA-23-93)
4.4 SECOND READING AND ADOPTION OF ORDINANCE 23-450 OF THE CITY
COUNCIL OF THE CITY OF LATHROP AMENDING LATHROP MUNICIPAL CODE TITLE 12 “STREET, SIDEWALKS AND PUBLIC PLACES”, CHAPTER
12.12 “IMPROVEMENTS AND DEDICATIONS”, SECTION 12.12.060 “IMPROVEMENTS TO EXISTING BUILDINGS” TO MODIFY LANGUAGE TO
REQUIRE FRONTAGE IMPROVEMENTS UPON ADDITION OF
IMPROVEMENTS TO EXISTING SITES
Waive Full Reading and Adopt Ordinance 23-450 Amending Lathrop Municipal Code Title 12 “Street, Sidewalks and Public Places”, Chapter
12.12 “Improvements and Dedications”, Section 12.12.060 “Improvements to Existing Buildings” To Modify Language to Require Frontage Improvements Upon Addition Of Improvements To Existing Sites
4.5 OUT-OF-STATE TRAVEL APPROVAL FOR CITY STAFF TO PARTICIPATE IN THE IAMC SPRING FORUM IN APRIL 2024 AND ICSC SHOW IN MAY 2024 Adopt Resolution Authorizing Out-of-State Travel for City Staff to Attend and Represent the City of Lathrop as follows:
1. Economic Development Administrator Attendance at the Industrial Asset Management Council’s Spring Forum in
Greenville, South Carolina April 6, 2024 – April 10, 2024
2. Economic Development Administrator and Community
Development Director Attendance at the Innovating
Commerce Serving Communities Conference in Las Vegas,
Nevada May 19, 2024 – May 22, 2024
November 13, 2023 Lathrop City Council Regular Meeting Agenda Page 6
4.6 COMMUNITY FACILITIES DISTRICTS ANNUAL BOND ACCOUNTABILITY REPORT FOR FY 2022/23
Receive Report for Bonded and Non Bonded Community Facilities Districts
4.7 APPROVE ANNUAL REVIEW AND ADOPTION OF THE CITY’S INVESTMENT POLICY
Adopt Resolution Approving the Annual Investment Policy for Fiscal Year 2023/24
4.8 APPROVE TEMPORARY STREET CLOSURE FOR THE LATHROP
CHRISTMAS PARADE ON DECEMBER 9, 2023 FOR THOMSEN ROAD,
CAMBRIDGE DRIVE, J STREET, AND 5TH STREET
Adopt Resolution Approving Temporary Street Closures for the Lathrop Christmas Parade on December 9, 2023, for Thomsen Road, Cambridge Drive, J Street, and 5th Street
4.9 APPROVE 2024 FACILITY FEE WAIVER REQUESTS FOR LATHROP LITTLE
LEAGUE, LATHROP COMMUNITY VOLUNTEER CLUB, LATHROP LIONS
CLUB, LATHROP SUNRISE ROTARY, ALCOHOLICS ANONYMOUS, NEW
LATHROP NEIGHBORHOOD WATCH, MITRA USA, AND LIFT YOUR HEAD UP THERAPEUTIC GROUP HOMES, INC.
Staff Requests the City Council to Adopt the Following Eight Resolutions:
• Adopt Resolution Approving Facility Fee Waiver request from Lathrop Little League;
• Adopt Resolution Approving Facility Fee Waiver request from Lathrop Community Volunteer Club;
• Adopt Resolution Approving Facility Fee Waiver request from Lathrop Lions Club;
• Adopt Resolution Approving Facility Fee Waiver request from Lathrop Sunrise Rotary;
• Adopt Resolution Approving Facility Fee Waiver request from Alcoholics Anonymous;
• Adopt Resolution Approving Facility Fee Waiver request from New Lathrop Neighborhood Watch;
• Adopt Resolution Approving Facility Fee Waiver request from Mitra USA; and
• Adopt Resolution Approving Facility Fee Waiver from Lift Your Head Up Therapeutic Group Homes, Inc.
4.10 APPROVE PURCHASE OF TWO NEW POLICE VEHICLES, APPROVAL OF CHANGE ORDER NO. 4 WITH NEXTGEN ALPHA UPFITTING
Adopt Resolution Approving the Purchase of Two 2023 Police Chevrolet Tahoes from American Chevrolet of Modesto, Approving Change Order No. 4 with NextGen Alpha Upfitting for the Purchase and Installation of Police Vehicle Equipment
November 13, 2023 Lathrop City Council Regular Meeting Agenda Page 7
4.11 APPROVE PROFESSIONAL CONSULTING SERVICES AGREEMENT WITH
DOKKEN ENGINEERING TO COMPLETE THE PROJECT INITIATION
DOCUMENT PHASE FOR THE ROTH ROAD AND I-5 INTERCHANGE, CIP PS 14-04
Adopt Resolution Approving a Professional Consulting Services Agreement with Dokken Engineering to Complete the Project Initiation Document Phase for the Roth Road and I-5 Interchange, CIP PS 14-04
4.12 ACCEPT PUBLIC IMPROVEMENTS ASSOCIATED WITH EP NO. 2019-35, LOCATED AT 231 AND 240 TOWNE CENTRE DRIVE FROM BLUE
MOUNTAIN CONSTRUCTION SERVICES, INC.
Adopt Resolution Accepting Public Improvements Associated with Encroachment Permit No. 2019-35, Located at 231 and 240 Towne Centre Drive, from Blue Mountain Construction Services, Inc.
4.13 ACCEPT PUBLIC IMPROVEMENTS ASSOCIATED WITH EP NO. 2022-133, LOCATED ON MOSSDALE ROAD FROM BROWN SAND, INC.
Adopt Resolution Accepting Public Improvements Associated with Encroachment Permit No. 2022-133, Located on Mossdale Road from Brown Sand, Inc.
4.14 RATIFY THE PURCHASE OF AUTOMATIC LICENSE PLATE RECOGNITION
SURVEILLANCE SYSTEM SOFTWARE AND HARDWARE FROM VIGILANT SOLUTIONS, LLC. FOR CIP GG 19-07 CITYWIDE SURVEILLANCE SYSTEM Adopt Resolution to Ratify the Purchase of Automatic License Plate Recognition Surveillance System Software and Hardware from Vigilant Solutions, LLC, for CIP GG 19-07 Citywide Surveillance System
RIVER ISLANDS DEVELOPMENT CONSENT ITEM(S)
4.15 APPROVE AGREEMENT BETWEEN THE CITY OF LATHROP AND RIVER
ISLANDS ACADEMIES TO PROVIDE SCHOOL RESOURCE OFFICER
SERVICES
Adopt Resolution Approving Agreement between the City of Lathrop and River Islands Academies to Provide School Resource Officer Services for the 2023-2024 School Year
4.16 APPROVE ABANDONMENT OF RECYCLED WATERLINE EASEMENT IN THE
RIVER ISLAND DEVELOPMENT AREA
Adopt Resolution Approving Abandonment of Recycled Waterline Easement in the River Islands Development Area (a portion of APNs 213-110-03; 213-210-06; 213-220-01 thru 04; 213-300-01 and 02)
4.17 ACCEPT PUBLIC IMPROVEMENTS FOR VILLAGES IN THE STAGE 2A AND 2B AREAS OF THE RIVER ISLANDS PROJECT FROM RIVER ISLANDS
DEVELOPMENT, LLC
November 13, 2023 Lathrop City Council Regular Meeting Agenda Page 8 Adopt Resolution to Accept Public Improvements for Villages in the Stage 2A and 2B Areas of the River Islands Project from River Islands Development, LLC
5. SCHEDULED ITEMS
5.1 PUBLIC HEARING (PUBLISHED NOTICE) TO CONSIDER APPROVING
CITYWIDE TRUCK ROUTE LISTING PURSUANT TO LATHROP MUNICIPAL CODE 10.16.030
The City Council to Consider the Following:
1. Hold a Public Hearing; and
2. Adopt Resolution Approving Citywide Truck Route Listing Pursuant to Lathrop Municipal Code 10.16.030
5.2 CONTINUED DISCUSSION FROM OCTOBER 9, 2023 REGULAR MEETING REGARDING THE CENTRAL LATHROP SPECIFIC PLAN PHASE 2
AMENDMENT AND CODE TEXT AMENDMENT NO. TA-23-104
The Council to Consider the Following:
1. Testimony Presented During the Public Hearing Held
October 9, 2023;
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, ILCL, Limited Industrial Zoning Districts and Modify Section
17.62.120 B of the Lathrop Municipal Code
5.3 CONTINUED DISCUSSION FROM OCTOBER 9, 2023 REGULAR MEETING REGARDING CONDITIONAL USE PERMIT NO. CUP-23-08 AND SITE PLAN REVIEW NO. SPR-23-09 FOR THE ASHLEY FURNITURE PROJECT
The Council to Consider the Following:
1. Testimony Presented During the Public Hearing Held
October 9, 2023;
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. 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
November 13, 2023 Lathrop City Council Regular Meeting Agenda Page 9
5.4 PUBLIC HEARING (PUBLISHED NOTICE) TO CONSIDER THE 2024
SJMSCP DEVELOPMENT FEE ANNUAL ADJUSTMENT
The Council to Consider the Following:
1. Hold a Public Hearing; and
2. Adopt Resolution Approving an Annual Adjustment to the San Joaquin County Multi-Species Habitat Conservation
and Open Space Plan (SJMSCP) Development Fee for 2024
5.5 PUBLIC HEARING (PUBLISHED NOTICE) OF THE CITY COUNCIL TO CONSIDER ISSUANCE OF PHASE 2 REVENUE ANTICIPATION NOTES BY
THE RIVER ISLANDS PUBLIC FINANCING AUTHORITY
The Council to Consider the Following:
1. Hold a Public Hearing; and
2. Adopt Resolution of the City Council of the City of Lathrop Making Findings With Respect to and Approving the
Issuance of Phase 2 Revenue Anticipation Notes by the
River Islands Public Financing Authority
5.6 PUBLIC HEARING (PUBLISHED NOTICE) TO CONSIDER ADOPTING AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LATHROP
UPDATING MUNICIPAL CODE SECTION 2.08.010, TITLED CITY
MANAGER, TO MODIFY AUTHORITY TO APPOINT AND REMOVE THE
POLICE CHIEF; AND CONSIDER ADOPTING A RESOLUTION AMENDING
THE POLICE CHIEF JOB DESCRIPTION, UPDATING THE SALARY GRADE
STEP TABLE, AND APPROVING EMPLOYMENT CONTRACT WITH STEPHEN SEALY
Council to Consider the Following Items:
1. Hold a Public Hearing;
2. First Reading and Introduction of an Ordinance Amending Title 2 Titled “Administration and Personnel”, Chapter 2.08 Titled “City Manager”, Section 2.08.010 Titled “City
Manager” To Modify Authority to Appoint and Remove the
Police Chief; and
3. Adopt Resolution Approving an Amendment to the Police Chief Job Description, Salary Grade Step Table, and
Employment Contract with Stephen Sealy
6. COUNCIL COMMUNICATIONS
6.1 MAYOR & COUNCILMEMBER COMMITTEE REPORT(S)
• Central Valley Executive Committee/LOCC (Akinjo/Diallo) • Council of Governments (Lazard/Diallo)
• Integrated Waste Management Solid Waste Division (Akinjo/TorresO’Callaghan) • Reclamation District 17 Joint Powers Authority (Salvatore) • San Joaquin Partnership Board of Directors (Salvatore) • San Joaquin County Commission on Aging (Vacancy)
• San Joaquin Valley Air Pollution Control District (Akinjo/Dhaliwal) November 13, 2023 Lathrop City Council Regular Meeting Agenda Page 10 • 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