Lathrop City Council
December 11, 2023

201
DocuSign Envelope ID: 9EF52B56- OOA4- 43C3- 8D4D- 81DADA18D43D DocuSign Envelope 10: C00234EE- 6DA6- 4229- B708- DEBC132882F2

SERVICE CONTRACT - CITY OF LATHROP AND HARDWIRE COMMUNICATIONS

FIBER OPTIC COMMUNICATION WIRING SERVICES

APPRENTICES
a) The Contractor' s attention is directed to the provisions of Sections 1777.5, 1777.6, and 1777.7 of the California Labor Code conceming employment of apprentices by the Contractor or any subcontractor under him. In addition, Contractor shall obtain a certificate of apprenticeship before employing any apprentice pursuant to Sections 1777. 5, 1777. 6 and 1777. 7 of the California Labor Code.
b) Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
c) Knowing violations of Section 1777. 5 will result in forFeiture not to exceed one hundred dollars ($ 100) fo each calendar day of non- compliance pursuant to Section 1777. 7.

HOURS OF WORK
Eight( 8) hours of work in any calendar day shalf constitute a legal day's work. The Contractor and each subcontractor shall forfeit, as penalty to the City, twenty-five dollars 25) for each worker employed in the execution of work on the Project by the Contractor or any subcontractor under him for each calendar day during which such worker is required or permitted to work more than eight( 8) hours in any one calendar day and forty 40) hours in any calendar week in violation of the provisions of the Labor Code, and in particular, Section 1810 to Section 1815, thereof, inclusive, except that work performed by employees of the Contractor and his subcontractors in excess of eight hours per day at not less than one and one half times the basic rate of pay, as provided in Labor Code section 1815.

PAYROLL RECORDS
Pursuant to Labor Code section 1776, as amended from time to time, the Contractor and each subcontractor shall keep records showing the name, address, social security number, woric classification, straight time and overtime hours paid each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by him or her in connection with the work.

The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the Division. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis:
a) A certified copy of the employee' s payroll records shafl be made available for inspection or furnished to such employee or his or her authorized representative on request.

202
DocuSign Envelope ID: 9EF52656- OOA4- 43C3- 8D4D- 81DADA18D43D DocuSign Envelope ID: C00234EE- 8DA&-4229-B708- DEBC132882F2 SERVICE CONTRACT - CITY OF LATHROP AND HARDWtRE COMMUNICATIONS

FIBER OPTIC COMMUNICATION WIRING SERVICES
b) A certified copy of all payroil records shall be made available for inspection or furnished upon request, or as required by Labor Code section 1771. 7 to the City, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. c) A certified copy of all payroll records shaH be made available upon request to the public for inspection or copies thereof made; provided, however, that if request by the public shall be made_through either the City, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, if as requested, payroll records have been provided pursuant to paragraph ( b), the requesting party shall, prior to being provided the records, reimburse the cost of preparation by the Contractor, subcontractors and the entity through which the request was made. The public shall not be given access to such records at the principal office of the Contractor.

The Contractor shall file a certifred copy of the payroll records with the entity that requested such records within ten ( 10) calendar days after receipt of a written request, Any copy of records made available for inspection as copies and furnished upon request to the public or the City, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, shafl be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address, and social security number. The name and address of the Contractor or any subcontractor pertorming work on the Project shall not be marked or obliterated.

The Contractor shall inform the City of the location of the payroll records, incfuding the street address, city and county, and shall, within five ( 5) calendar days, provide a notice of a change of location and address.

In the event of noncompliance with the requirements of this section, the Contractor shall have ten ( 10) calendar days in which to comply subsequent to receipt of written notice specifying in what respects the Contractor must comply with this section. Should noncompliance still be evident after such ten ( 10j calendar day period, the Contractor shall, as a penalty to the City, forfeit iwenty- five dollars ($ 25) for each calendar day, or portion thereof, for each worker until strict compliance is effectuated.

Upon the request of the Division of Labor Standards Enforcement, such penalties shall be withheld fi-om payments due Contractor.

PREVAtLING WAGES
a) The Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, section 16000 et seq. (" Prevailing Wage Laws") which require the payment of prevailing wage rates and the perFormance of other requirements on certain " public works" and " maintenance" projects. Since this Contract involves an applicable" publicwarks" or" maintenance" project,

203
DocuSign Envelope ID: 9EF52656-OOA4- 43C3-8D4D-81DADA18D43D DocuSign Envelope ID: C00234EE- BDA6- 4229- B7U& DEBC132882F2

SERVICE CONTRAGT - CITY OF LATHROP AND HARDWIRE COMMUNICATIONS

FIBER OPTIC COMMUNICATION WIRING SERVICES
as defined by the Prevailing Wage Laws, and since the total compensation is $ 1, 000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. The Contractor shall obtain a copy of the prevailing rates of per diem wages applicable to the work to be performed by subcontractors from the website of the Division of Labor Statistics and Research of the Department of Industrial Relations lacated at
http: J/ www. dir. ca. povldlsr/ PWD/ index. htm. In the alternative, the City shall provide Contractor with a copy of the prevailing rates of per diem wages applicable to the work to be perFormed by subcontractors. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to pertorm work on the Project available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the Project site_ Contractor shall defend, indemnify and hoid the City, its elected officials, officers, employees and agents free and harmless frorn any claims, liabilities, costs, penalties or interest arising out of any failure or allege failure to comply with the Prevailing Wage Laws.
b) The Contractor and each subcontractor shall forfeit as a penalty to the City not more than fifry dollars ($ 50) for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing rate for any work done by him, or by any subcontract under him, in violation of the provisions of the California Labor Code. The difference between such stipulated prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by the Contractor.

INSURANCE
On or before beginning any of the services or work called for by any term of this Agreement, CONTRACTOR, at its own cost and expense, shall carry, maintain for the duration of the Agreement, and provide proof thereof that is acceptable to the CITY the insurance specified in subsections ( a) through ( c) below with insurers and under forms of insurance satisfactory in all respects to the CITY.

CONTRACTOR shall not alfow any subcontractor to commence work on any subcontract until all insurance required of the CONTRACTOR has also been obtained for the subcontractor. Verification of this insurance shall be submitted and made part of this Agreement prior to execution.
a) Workers' Comoensation. CONTRACTOR shall, at
CONTRACTOR' S sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly ar indirectly by CONTRACTOR. Said Statutory Workers' Compensation Insurance

204
DocuSign Envelope ID: 9EF52B5B- OOA4- 43C3- 8D4D- 81DADA18D43D DocuSign Envelope ID: C00234EE- BDA6- 4229- B708- DEBC132882F2

SERVICE CONTRACT - CITY OF LATHROP AND HARDWIRE COMMUNICATIONS

FIBER OPTIC COMMUNICATION WIRING SERVICES
and Employer's Liability Insurance shall be provided with limits of not less than one million dollars ($ 1, 000, 000). In the alternative, CONTRACTOR may rely on a self-insurance program to meet these requirements provided that the program of self-insurance complies fully with the provisions of the California Labor Code. The insurer, if insurance is provided, or the CONTRACTOR, if a program of selfinsurance is provided, shall waive all rights of subrogation against the CITY for loss arising from work performed under this Agreement. b) Commercial General and Automobile Liability Insurance.

CONTRACTOR, at CONTRACTOR' S own cost and expense, shall maintain commercial general and automobile liability insurance for the period covered by this Agreement in an amount not less than one million dollars per occurrence ($ 1, 000, 000), combined single limit coverage for risks associated with the work conternplated by this Agreement. If Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work ta be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit.

Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non- owned automobiles.

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

Each of the following shal! be included in the insurance coverage or added as an endorsement to the policy:
i) CITY, its officers, employees, and volunteers are to be covered as insured with respect to each of the following:
liability arising out of activities performed by or on behalf of CONTRACTOR, products and completed operations of
CONTRACTOR; premises owned, occupied or used by
CONTRACTOR. The coverage shall contain no special
limitations on the scope of protection afforded to CITY, its officers, employees, agents, or volunteers.
ii) The insurance shall cover on an occurrence or an accident basis, and not on a claim made basis.

205
DocuSign Envelope ID: 9EF52B56- 00A4- 43C3- 8D4D- 81DADA18D43D DocuSign Envelope ID: CD0234EE- B AB- 4229- B708- DEBC132882F2

SERVICE CONTRACT - CITY OF LATHROP AND HARDWIRE COMMUNICATIONS FIBER OPTIC COMMUNtCATION WIRING SERVICES
iii} An endorsement must state that coverage is primary insurance and that no other insurance affected by the CITY will be called upon to contribute to a loss under the coverage. iv) Any failure of CONTRACTOR to comply with reporting
provisions of the policy shall not affect coverage provided to CITY and its officers, employees, agents, and volunteers. v) Insurance is to be placed with California- admitted insurers with a Best' s rating of no less than A: VII.
vi) Notice of cancellation or non- renewal must be received by CiTY at least thirty days prior to such change.
c) Deductibles and Self- Insured Retentions. CONTRACTOR shalt disclose the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement.

During the period covered by this Agreement, upon express written authorization of CITY Manager, CONTRACTOR may increase such deductibles or self- insured retentions with respect to CITY, its officers, employees, agents, and volunteers. The CITY Manager may condition approval of an increase in deductible or self-insured retention levels upon a requirement that CONTRACTOR procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
d) Notice of Reduction in Coveraqe. In the event that any coverage required under subsections ( a), ( b), or ( c) of this section of the Agreement is reduced, limited, or materially affected in any other manner, CONTRACTOR shall provide written notice to CITY at CONTRACTOR'S earliest possible opportunity and in no case later than five days after CON7RACTOR is notified of the change in coverage.
e) In addition to any other remedies CITY may have if CONTRACTOR fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, CITY may, at its sole option:
i) Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
ii) Order CONTRACTOR to stop work under this Agreement or withhold any payment which becomes due to CONTRACTOR
hereunder, or both stop work and withhold any payment, until

206
DocuSign Envelope 1D: 9EF52656- OOA4 3C3- 8D4D- 81 DADA18D43D DocuSign Envelope ID: C00234EE-6DA6-4229-6708-DEBC132882F2

SERVICE CONTRACT- CITY OF LATHROP AND HARDWIRE COMMUNICATIONS

FIBER OPTIC COMMUNICATION WIRING SERVICES
CONTRACTOR demonstrates compliance with the
requirements hereof;
iii) Terminate this Agreement.

Exercise of any of the above remedies, however, is an alternative to other remedies CITY may have and is not the exclusive remedy for CONTRACTOR' S breach_

INDEMNIFICATION
Contractor agrees to protect, defend, indemnify and hold City, its City Council members, officers, employees, engineer, and consultants harmless from and against any and all claims, demands, liabilities, losses, damages, costs, expenses, liens, penalties, suits, or judgments, arising in whole or in part, directly or indirectly, at any time from any injury to or death of persons or damage to property as a result of the willfut or negligent act or omission f Contractor, or which results from Contractor' s noncompliance with any Law respecting the condition, use, occupation or safety of the Project site, or any part thereof, or which arises from Contractor' s failure to do anything required under this Contract or for doing anything which Contractor is required not to do under this Contract, or which arises from conduct for which any Law imposes strict liability on Contractor in the performance of or failure to perform the terms and conditians of this Contract, except as may arise from the sole willful or negligent act or omission of City or any of its City Council members, officers, employees.

This indemnification shall extend to any and all claims, demands, or liens made or filed by reason of any construction, renovation, or remodeling work performed by Contractor under this Contract at any time during the term of this Contract, or arising thereafter.

SEVERABILlTY
Nothing contained in the Contract shall be construed so as to require the commission of any act contrary to law. Should a conflict arise between any provision contained herein and any present or future statute, faw, ordinance or regulation contrary to which the parties have no legal right to contract or act, the latter shall prevail and the provision of this Contract which is affected shall be curtailed and limited but only to the extent necessary to bring it within the requirements of the law. If such curtailment or limitation is not possible, the affected provision shall be of no force and effect. Except as aforesaid, such illegality shall not affect the validity of this Contract.

COMPLETE AGREEMENT
This Contract supersedes any and all agreements, either oral or in writing, befin een the Parties with respect to the subject matter herein. Each parly to this Contract acknowledges that no representation by any party which is not embodied herein or any

207
DocuSign Envelope ID: 9EF52B5B- 00A4- 43C3- SD4D- 81DADA18D43D DocuSign Envelope ID: C00234EE- BDA6- 4229- B708- DEBC132882F2

SERVICE CONTRACT - CITY OF LATHROP AND HARDWIRE COMMUNICATIONS

FIBER OPTIC COMMUNICATION WIRING SERVICES
other agreement, statement, or promise not contained in this Contract shall be valid and binding.

INTERPRETATION
a} The parties hereto acknowledge and agree that each has been given the opportunity to independently review this Contract with legal counsel, and/ or has the requisite experience and sophistication to understand, interpret and agree to the particular language of the provisions of the Contract. b) In the event of a controversy or dispute between the parties concerning the provisions herein, this document shall be interpreted according to the provisions herein and no presumption shall arise concerning the draftsmanship of such provision.

APPLICABLE LAW
a) The parties hereto understand and agree that the terms of this Contract, and its Exhibits, have been negotiated and executed within the State of California and shall be governed by and construed under the laws of the State of California.
b) In the event of a dispute concerning the terms of this Contract, the parties hereto expressly agree that the venue for any fegal action shall be with the appropriate court in the County of San Joaquin, State of California.

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

208
DocuSign Envelope ID: 9EF52856- OOA4- 43C3- 8D4D- 81DADA18D43D DocuSign Envelope ID: C00234EE- BDA6- 4229-8r08- DEBC132882F2

SERVICE CONTRACT - CITY OF LATHROP AND HARDWIRE COMMUNICATIONS

FIBER OPTIC COMMUNICATION WIRING SERVICES
Approved as to Form: City of Lathrop
City Attorney
z 1 61z
Salvador Navarrete Date
Recommended for Approval City of Lathrop
Director of information Systems
q d3.,.

T n andes Date
Approved By: City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
22 Ste en J. Salvatore Date
City Manager
Contractor: Hardwire Communications
5037 College Oak Drive# G
Sacramento, CA 95841
Fed I D# 26- 816518
42313 Lathrop Business License#
DocuSlyned by:
6car C, ( pu,. 9/ zs/ Zozz
f1AAR07SARAANdAd
Signature Date
George owe eneral rwanager
Print Name / Title

209
DocuSign Envelope ID: 9EF52B5B- OOA4- 43C3- SD4D- 81DADA18D43D DocuSign Envelope ID: C00234EE- BDA6- 4229- 8708- DEBC132882F2 EXHIBIT " A"

PROPOSAL
For
City of Lathrop 390 Towne Centre Dr
Lathrop, CA 95330
Time& Materials Agreement
Scope of Work
Cablin Work
Supplg and install Fiber cable, connectors, couplers and fiber panels.

Supply and instal! Copper cabling( Cat 6, Cat Se, Coax, speaker and feeders), jacks, faceplates, wire managers, and patch panels.

Supply and install network racks and cabinets.

Supply and insiall speakers, amps, phones, isolation barriers, and explasion prnof speakers.

Warran
Hardwire Communications warrants the instalIation and workmanship for a period of one( 1) year from project acceptance.

Exclt sions and Prrnisions
Customer will provide free and clear access through buildings during project All work to be completed during normal hours( Mon-Fri 7am-Spm; excluding holidays) This proposal does not include ptoviding any end user equipment or programming of any equipment.

Billable time includes all time worked on site and drive time to/ from our office.

A 2-hour minimum will apply for all services perfnrmed.

Labor is based on prevailing wage rates.

Hardwire is a CMAS contractor CMAS# 3- 17- 70- 3083B and Certified California Small Business(# 49471).

I hereby agree to pay Hardwire Communications per this Time& Materials Agreement at the following rates for fiber and copper cabling services:

Labor. 2 HoueMinimum
Regular Time( Cabling Work) 85. 00 per hour Mon- Fri( 7am- Spm) Over Time( Cabling Work) 125. 00 per hour Mon- Fri( after Spm& Sat) Double Time( Cabling Work) 150. 00 per hour Sunday/ Holiday Drive Time 40. 00 per hour Outside 35 miles from
Hardwire home office
Travel 5a5 per mile Outside 35 miles from
Hardwire home office
Materiais
CMAS Price list
Non CMAS Cost+ 15%
This agreement is valid from September 1, 2022 to September 1, 2023.

Prepared by: Geor}; e I we I ater mh r i, 2n2
Accepted by: Date:

IIur kim( unnnnnicstiun,
5t1:- C. 2ir; hat, Driu G
tiar. in cNo l'.\')+ 11
910-, oti- a' ii6 711.:

I. ic' JU1,' l;
210
f
DocuSign Envelope ID: F60FA2F9- C277-4526- 6241- SDAAC144FA9A Attachment C CHANGE ORDER N0. 1
Service Contract For Fiber Optic Communication
Wiring Services For CIPb GG 22- 03 City of Lathrop
CONTRACT CHANGE ORDER NO. 1
Fiber Optic Communication Wirina Services for GG 22- 03 Contractor: Hardwire Communications
Address: 5037 College Oak Drive# G
Sacramento, CA 95841
Change Order Date: October 13 , 2023
Notice to Proceed Date: September 30, 2022
Contract Execution Date: September 30, 2022
Hardwire Cornmunications currently holds an active California Multiple Award Schedule( CMAS) contract with the California Department of General Services - CMAS Contract No. 3- 17- 70- 3083B. The pricing given by Hardwire Communications for materials and the rates used for services required by this project, equals the price list included in their current CMAS agreement.

Pursuant to Lathrop Municipal Code ( LMC) 2. 36. 110 ( B) the City is allowed to utilize a competitive bidding process that has already been held by other government agencies and take advantage of the best pricing under government contracts. Therefore, pursuant to LMC 2. 36. 110 B) the procurement of fiber optic communication wiring and services from Hardwire Communications for CIP GG 22- 03 are exempt from biding requirements.

This contract change order augments or changes the following:
1) ONE TIME ADDITION TO CONTRACT
Pursuant to the provisions of the original Contract Specifications and the attached Extension Letter as Exhibit A, you are hereby directed to make the herein described changes to the contract amount within the terms of the agreement between the City of Lathrop and Hardwire Communications dated September 30, 2020.

L CHANGES IN THE SPECIFICATIONS
NONE.

II. CHANGES TO CONTRACT
NO: DESCRIPTIQN ' i QTY AMOUNT ,
1 Fiber Installation as it relates to CIP GG 22- 03 1 74, 999 SUBTOTAL 74, 999
COST OF CHANGE ORDER NO. 1 74, 999
TOTAL REVISED ONE- TIME ADDITIONS TO CONTRACT AMOUNT 74, 999 ORIGINAL ANNUAL CONTRACT AMOUNT 74, 000
REVISED ANNUAL CONTRACT AMOUNT AFTER CHANGE ORDER NO. 1 $ 148, 999

END OF CHANGES)
211
DocuSign Envelope ID: F60FA2F9- G277- 4526- B241- 5DAAC144FA9A CHANGE ORDER NO. 1
Service Contract For Fiber Optic Communication
Wiring Services For CIP GG 22- 03 City of Lathrop

TIME OF COMPLETION
N/ A

RE EASE AND WAIVER
Acceptance of this Contract Change Order constitutes a full and final resolution of all pending disputes between City and Contractor regarding scope of work and payment for work. Contractor accepts this Contract Change Order as full payment for all work performed to date and hereafter to be performed, up to and including Contract Change Order No. 1.

Contractor releases and discharges City from any and all claims, demands, damages, actions and causes of actions and causes of action for injuries, damages or losses, whether known or unknown, foreseen or unforeseen, arising directly from Contractor' s work on this contract.

Contractor expressly waives the provisions of California Civil Code, Section 1542, which reads as follows:

A general release does not extend to claims which the Creditor does not know or suspect to exist in his favor af time of execufing the release, which if known by him must have maferially affected his seitlement with the debtor.

END OF SECTION)
212
DocuSign Envelope ID: F60FA2F9- C277- 4526- 6241- SDAAC144FA9A CHANGE ORDER NO. 1
Service Contract For Fiber Optic Communication
Wiring Services For CIP GG 22-03 City of Lathrop
Approved As
To Form: O o• taz3
Salvado Navarrete Date
City Attorney
City of Lathrop
DocuSipned by:

Recommended
5 l0/ 10/ 2023
By:

Tony Femandes Date
Director Information Systems
City of Lathrop
rApproved By: f " la• l 3• z3
Step en J. Salvatore Date
City Manager
City of Lathrop
DocuSipmd by:

Accepted By r w 1o/ io/ zoz3
ContraCtor:
oeneoasasaosena
Hardwire Communications Date
George Lowe General Manager
Print Name and Title
213
Attachment D
CHANGE ORDER NO. 2
Service Contract For Fiber Optic Communication
Wiring Services For CIP GG 22- 03 City of Lathrop
CONTRACT CHANGE ORDER NO. 2
Fiber Optic Communication Wirinq Services for GG 22- 03 Contractor: Hardwire Communications
Address: 5037 College Oak Drive# G
Sacramento, CA 95841
Change Order Date: December 2023
Notice to Proceed Date: September 30, 2022
Contract Execution Date: September 30, 2022
Hardwire Communications currently holds an active California Multiple Award Schedule( CMAS) contract with the California Department of General Services - CMAS Contract No. 3- 17- 70- 3083B. The pricing given by Hardwire Communications for materials and the rates used for services required by this project, equals the price list and labor rates included in their current CMAS agreement. Pursuant to Lathrop Municipal Code ( LMC) 2. 36. 110 ( B) the City is allowed to utilize a competitive bidding process that has already been held by other government agencies and take advantage of the best pricing under government contracts. Therefore, pursuant to LMC

2. 36. 110 ( B) the procurement of fiber optic communication wiring and services from Hardwire Communications for CIP GG 22- 03 are exempt from biding requirements.

This contract change order augments or changes the following:
1) ONE TIME ADDITION TO CONTRACT
Pursuant to the provisions of the original Contract Specifications and the attached Extension Letter as Exhibit A, you are hereby directed to make the herein described changes to the contract amount within the terms of the agreement between the City of Lathrop and Hardwire Communications dated September 30, 2022.

I. CHANGES IN THE SPECIFICATIONS
NONE.

II. CHANGES TO CONTRACT
NC', DESCRIPTIUN QTY AM4UNT'
2 Fiber Installation as it relates to CIP GG 22- 03 1 75, 000 SUBTOTAL 75,000
COST OF CHANGE ORDER NO. 1 74, 999
COST OF CHANGE ORDER NO. 2 75, 000
TOTAL REVISED ONE- TIME ADDITIONS TO CONTRACT AMOUNT 149, 999 ORIGINAL ANNUAL CONTRACT AMOUNT 74, 000
REVISED ANNUAL CONTRACT AMOUNT AFTER CHANGE ORDER NO. 1 $ 223, 999 AND CHANGE OR
214
CHANGE ORDER NO. 2
Service Contract For Fiber Optic Communication
Wiring Services For CIP GG 22- 03 City of Lathrop

END OF CHANGES)

TIME OF COMPLETION
N/ A

RELEASE AND WAIVER
Acceptance of this Contract Change Order constitutes a full and final resolution of all pending disputes between City and Contractor regarding scope of work and payment for work. Contractor accepts this Contract Change Order as full payment for all work perFormed to date and hereafter to be performed, up to and including Contract Change Order No. 1.

Contractor releases and discharges City from any and all claims, demands, damages, actions and causes of actions and causes of action for injuries, damages or losses, whether known or unknown, foreseen or unforeseen, arising directly from Contractor' s work on this contract.

Contractor expressly waives the provisions of California Civil Code, Section 1542, which reads as follows:

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

END OF SECTION)
215
CHANGE ORDER NO. 2
Service Contract For Fiber Optic Communication
Wiring Services For CIP GG 22- 03 City of Lathrop
Approved As
To Form: Z S- 3
2 L
Salvador Navarrete Date
City Attorney
City of Lathrop
Recommended
By:

Tony Fernandes Date
Director Information Systems
City of Lathrop
Approved By:

Stephen J. Salvatore Date
City Manager
City of Lathrop
Resolution No.

Accepted By
Contractor:

Hardwire Communications Date
Print Name and Title
216
ITEM 4. 18

CITY MANAGER' S REPORT
DECEMBER 11, 2023 CITY COUNCIL REGULAR MEETING
ITEM: RATIFY CITY MANAGER' S EXECUTION OF AN

EMERGENCY SERVICE CONTRACT WITH CONCO
WEST, INC. FOR CTF CHLORINE TANK REPLACEMENT

AND APPROVE BUDGET AMENDMENT
RECOMMENDATION: Adopt Resolution Ratifying City Manager' s Execution of an Emergency Service Contract with Conco West,
Inc. for CTF Chlorine Tank Replacement and
Approving Budget Amendment
SUMMARY:

The injection of chlorine into effluent is a critical step in the treatment of wastewater at the City' s Consolidated Treatment Facility ( CTF). One of two chlorine storage tanks at the CTF recently failed, leaving the City without a backup chlorine tank. As the chlorine tanks are an essential component in the wastewater treatment process, the immediate replacement of the failed tank is critical to support the operation of the CTF.

City staff requested from Conco West, Inc. ( Conco) a proposal for the installation of two ( 2) city- owned chlorine tanks and associated tasks ( Project). Conco provided a proposal for the Project at a cost of $ 190, 400. Because the immediate replacement of the chlorine tanks is imperative to prevent a shutdown of the CTF, the City Manager executed this emergency service contract with Conco on November 17, 2023.

Staff requests Council adopt a resolution ratifying the City Manager' s execution of an emergency service contract with Conco for the Project in the amount of $ 190, 400 and authorize a 25% contingency of $ 47, 600, for a total Project cost not to exceed 238, 000.

BACKGROUND:

In early October, staff discovered that one of two chlorine storage tanks at the CTF had failed. Staff immediately ordered two new tanks and requested from Conco a proposal for the installation of two ( 2) new City- owned chlorine tanks, as the functioning tank is also nearing the end of its service life.

Conco provided a proposal to complete the Project for $ 190, 400, which also includes expanding and chemically treating the surface of the existing concrete slabs, installing seismic anchor points for the larger tanks, and providing various valves and fixtures needed. Additional services and components not included in Conco' s proposal will require additional funding, including seismic anchoring hardware, structural calculations and calibration or programming of various components. These additional services will be funded through the requested 25% contingency of $ 47, 600. 217
CITY MANAGER' S REPORT PAGE 2
DECEMBER 11, 2023 CITY COUNCIL REGULAR MEETING

RATIFY CITY MANAGER' S EXECUTION OF AN EMERGENCY SERVICE CONTRACT WITH CONCO WEST, INC. FOR CTF CHLORINE TANK

REPLACEMENT AND APPROVE BUDGET AMENDMENT
REASON FOR RECOMMENDATION:

The CTF is a critical component of the City' s infrastructure and cannot be inoperative for any length of time. The expedited replacement of both chlorine tanks, which are nearing the end of their service lives, will ensure the CTF' s continued operation to provide uninterrupted wastewater treatment services.

FISCAL IMPACT:

Staff requests City Council ratify the City Manager' s execution of an emergency service contract with Conco in the amount of $ 190, 400 and authorize a 25% contingency of $47, 600 for staff to spend as necessary to accomplish the goals of the Project, for a total Project cost not to exceed $ 238, 000.

Sufficient funds were not included in the adopted FY 23/ 24 budget to pay for the Project. Therefore, staff requests City Council approve a budget amendment transferring $ 238, 000 from the Wastewater Recycled Water Capital Replacement Fund 6110 to the CTF - MBR Sewer Fund 6080 as follows:

Increase Transfer Out
6110- 9900- 990- 90- 10 238, 000
Increase Transfer In
6080- 9900- 393- 00- 00 238, 000
Increase Appropriation
6080- 5034- 450- 20- 00 238, 000
ATTACH M ENTS:

A. Resolution Ratifying City Manager' s Execution of an Emergency Service Contract with Conco West, Incorporated for CTF Chlorine Tank Replacement and Approving Budget Amendment
B. Executed Emergency Service Contract with Conco West, Incorporated for the CTF Chlorine Tank Replacement
218
CITY MANAGER' S REPORT PAGE 3
DECEMBER 11, 2023 CITY COUNCIL REGULAR MEETING
RATiFY CiTY MANAGER" S EXECUTiON OF AN EMERGENCY SERVICE CONTRACT WITH CONCO WEST, INC. FOR CTF CHLORINE TANK REPLACEMENT AND

APPROVE BUDGET AMENDMENT
APPROVALS:
2, 3
Steven Hollenbeak Date
Assistant Engineer
2,-
Ken Reed Date
Senior Construction Manager
I I/ 28/?,023
Brad ylor Date
City Engineer
i/ q/a
Cari J s Date
Direct f Finance
l l• 2° • 2 bt3
Michael King Date
Assistant City Manager
1/- zg . oZ 3
Salvador Navarrete Date
City Attorney
Z•5•z 3
Stephen J. Salvatore Date
City Manager
219
RESOLUTION NO. 23-

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

CITY MANAGER' S EXECUTION OF AN EMERGENCY SERVICE CONTRACT WITH CONCO WEST, INC. FOR CTF CHLORINE TANK REPLACEMENT AND

APPROVING BUDGET AMENDMENT
WHEREAS, the injection of chlorine is a critical step in City' s treatment of wastewater at its Consolidated Treatment Facility ( CTF); and WHEREAS, one of two chlorine tanks at the CTF has recently failed and both tanks are at the ends of their service lives, leaving the City without a backup chlorine tank; and
WHEREAS, City staff immediately requested and received from Conco West, Incorporated ( Conco) a proposal for the installation of two ( 2) new City- owned chlorine tanks to restore back- up chlorine injection capacity to the CTF ( Project); and WHEREAS, Conco provided a proposal for the work necessary to install both tanks and City- provided flow meters at a cost of $ 190, 400; and WHEREAS, upon review and evaluation of the proposal, staff has determined the price for the contemplated emergency service is consistent with the work scope, materials and timeline for replacement; and
WHEREAS, the City Manager has executed an emergency service contract with Conco for $ 190, 400; and
WHEREAS, staff requests Council ratify the City Manager' s execution of the contract with Conco in the amount of $ 190, 400 for the construction of the Project; and
WHEREAS, staff also requests Council authorize a 25% contingency in the amount of $ 47, 600 and authorize staff to spend the contingency as necessary to achieve the goals of the Project for a total Project cost not to exceed $ 238, 000; and WHEREAS, sufficient funds were not included in the adopted FY 23/ 24 budget to pay for the Project; therefore, staff requests City Council approve a budget amendment transferring $ 238, 000 from the Wastewater Recycled Water Capital Replacement Fund 6110 to the CTF - MBR Sewer Fund 6080 as follows:

Increase Transfer Out
6110- 9900- 990- 90- 10 238, 000
Increase Transfer In
6080- 9900- 393- 00- 00 238, 000
Increase A propriation
220
6080- 5034- 450- 20- 00 238, 000
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby ratifies the City Manager' s execution of an emergency service contract with Conco West, Inc. for the Project for a cost of $ 190, 400; and BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby authorize a 25% contingency in the amount of $ 47, 600 and authorizes staff to spend up to this amount as necessary to accomplish the goals of the Project; and BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby approve a budget amendment transferring $238, 000 from the Wastewater Recycled Water Capital Replacement Fund 6110 to the CTF - MBR Sewer Fund 6080 as detailed above.
221
The foregoing resolution was passed and adopted this 11t" day of December, 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 222
City of
Office of the City Manager 390 Towne Centre Dr. - I throp, CA 95330 Phone ( 209) 941- 7430- Fax ( 209) 941- 7449
zvww.ci.lathrop.ca.us
NOTICE T4 PROCEED
November12023
Conco- West, Inc.

PO Box 1360
Manteca, CA 95336
To Whom It May Concern:

Enclosed please find your original executed Emergency Service Contract to Remove and Replace Chlorine Tanks and Flow Meter at CTF. This is your Notice to Proceed to the attached Service Contract.

Should you have any questions regarding this project, please contact Ken Reed, the staff member directly involved with this project, at( 209) 941- 7450.

Sincerely,
F-—'..._.

Stephen J. Salvatore
City Manager
Copy: Teresa Vargas, City Clerk
Project File
223
DocuSign Envelope ID: DDDOF753- CE9F- 4C36- 9304- 9A2ESE25B006

EMERGENCY SERVICE CONTRACT BETWEEN
THE CITY Of LATHROP AND CONCO-WEST, iNC.

TO REMOVE AND REPLACE CHLORINE TANKS AND FLOW METER AT LATHROP

CONSOLIDATED TREATMENT FACILITY( CTF)
THIS EMERGENCY SERVICE CONTRACT ( hereinafter " Contract") is made on November 1 , 2023, by and between the City of Lathrop, a municipal corporation of the State of California ( hereinafter " City") and Conco- West, Inc. ( hereinafter " Contractor"), whose Taxpayer ldentification Number is 94- 2512592.

For and in consideration of the following covenants, terms and conditions, City and Contractor( the parties) agree:

SCOPE OF WORK
Contractor agreed to pertorm Remove and Replace Chlorine Tanks and Flow Meter at CTF in accordance with the scope of wvrk and fee proposal provided by the Contractor, attached hereto as Exhibit " A", and incorporated herein by reference. Cont actor agrees to diligently perform these services in accordance with the upmost standards of its profession and to City' s satisfaction.

The work was performed as an emergency work as defined in Lathrop Municipal Code

2. 32. 020. Due to eminent risk to health and safety, the City did not have adequate time to follow the public bid process. Pursuant to LMC 2. 36.080, purchasing procedures may be eliminated in emergency situations to efficiently and timely maintain essential public services and to preserve property. Contractor agreed to complete the work to the satisfaction of City and subject to inspection, of its representatives.

CONTRACT PRICE
The City agrees to pay and the Contractor agrees to accept, in full payment for the work above agreed to be done based on a not to exceed basis of 190 400 set forth in Exhibit" A", to Remove and Replace Chlorine Tanks and Flow Meter at CTF.

TIME FOR PERFORMANCE
The Contractor shall commence work within five ( 5) working days of the Notice to Proceed, and diligently prosecute the work to completion within 45 total working days of Notice to Proceed.

PERMITS; COMPLIANCE WITH LAW
The Contractor shall, at its expense, obtain all necessary permits, licenses, easements, etc., for the construction of the project, give necessary notices, pay all fees required by law, and comply with all laws, ordinances, rules and regulations relating to the work and to the presenration of the public health and safety.

INSPECTION BY CITY
The Contractor shaN at all times maintain proper facilities and provide safe access fdr inspection by the City to all parts of the work, and to the shops wherein the work is in preparation. 224
DocuSign Envelope ID: DDDOF753- CE9F- 4C36- 9304- 9A2E5E25B006 CITY OF LATHROP— CONCO- WEST, INC.

EMERGENCY SERVICE CONTRACT TO REMOVE AND REPLACE CHLORINE TANKS AND FLOW

METER AT CTF
Where the Specifications require work to be specially tested or approved, it shall not be tested or covered up without timely, written approval by the City.

Should any such work be covered up without such notice, approval, or consent, it must, if required by City, be uncovered for examination at the Contractor' s expense.

NOTICE
Any notice from one party to the other under the Contract shall be in writing and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless senied in the following manner.
a) If the notice is given to the City, by personal delivery thereof to the City' s Director of Public Works, or by depositing the same in the United States mail, enclosed in a sealed envelope, addressed to the City' s Director of Public Works, postage prepaid and certified;
b) If the notice is given to the Contractor, by personal delivery thereof to said Contractor or to its duly authorized representative at the site of the project, or by depositing the same in the United States mail, enclosed in a sealed envelope, addressed to the Contractor at the address set forth in the Contractor' s Bid postage prepaid and certified; or
c) If the notice is given to the surety or any other person, by personal delivery to such surety or other person, or by depositing the same in the United States mail, enclosed in a sealed envelope, addressed to such surety or other person, as the case may be, at the address of such surety or person last communicated by it to the party giving the notice, postage prepaid and certified.

ACCIDENT PREVENTION
Precaution shall be exercised at aA times for the protection of persons ( including employees) and property.

The safety provisions of applicable laws, building and construction codes shall be observed. Machinery, equipment, and other hazards shall be guarded or eliminated in accordance with the safety provisions of the Construction Safety Orders issued by the Occupational Safety and Health Standards Board of the State of California.

CONTRACTOR' S WARRANTY
The City shall not, in any way or manner, be answerable or suffer loss, damage, expense or liability for any loss or damage that may happen to said building, work, or equipment or any part thereof, or in, on, or about the same during its construction and before acceptance.

Contractor unqualifiedly warrants all work and materials to be free of defects whether pertormed or installed by it or by any subcontractor or supplier in the project which is the subject of this Contract.

225
DocuSign Envelope ID: DDDOF753- CE9F- 4C36- 9304- 9AZE5E25B006 CITY OF LATHROP— CONCO- WEST, INC.

EMERGENCY SERVICE CONTRACT TO REMOVE AND REPLACE CHLORINE TANKS AND FLOW

METER AT CTF

APPRENTICES
d) The Contractor' s attention is directed to the provisions of Sections 1777. 5, 1777. 6, and 1777. 7 of the California Labor Code concerning employment of apprentices by the Contractor or any subcontractor under him. In addition, Contractor shall obtain a certificate of apprenticeship before employing any apprentice pursuant to Sections 1777. 5, 1777. 6 and 1777. 7 of the California Labor Code. e) Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
fl Knowing violations of Section 1777. 5 will result in forfeiture not to exceed one hundred dollars ($ 100) for each calendar day of non- compliance pursuant to Section 1777. 7.

HOURS OF WORK
Eight ( 8) hours of work in any calendar day shall constitute a legal day' s work. The Contractor and each subcontractor shall forfeit, as penalty to the City, twenty- five dollars($ 25) for each worker employed in the execution of work on the Project by the Contractor or any subcontractor under him for each calendar day during which such worker is required or permitted to work more than eight ( 8) hours in any one calendar day and forty ( 40) hours in any calendar week in violation of the provisions of the Labor Code, and in particular, Section 1810 to Section 1815, thereof, inclusive, except that work performed by employees of the Contractor and his subcontractors in excess of eight hours per day at not less than one and one half times the basic rate of pay, as provided in Labor Code section 1815.

PAYROLLRECORDS
Pursuant to Labor Code section 1776, as amended from time to time, the Contractor and each subcontractor shall keep records showing the name, address, social security number, work classification, straight time and overtime hours paid each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by him or her in connection with the work.

The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the Division.

The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis:
g) A certified copy of the employee' s payroll records shall be made available for inspection or furnished to such employee or his or her authorized representative on request.
h) A certified copy of all payroll records shall be made available for inspection or furnished upon request, or as required by Labor Code section 1771. 7 to the City, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations.

226
DocuSign Envelope ID: DDDOF753- CE9F- 4C36- 9304- 9A2E5E25B006 CITY OF LATHROP— CONCO- WEST, INC.

EMERGENCY SERVICE CONTRACT TO REMOVE AND REPLACE CHLORINE TANKS AND FLOW

METER AT CTF
i) A certified copy of ali payroll records shall be made available upon request to the public for inspection or copies thereof made; provided, however, that if request by the public shall be made through either the City, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, if as requested, payroll records have been provided pursuant to paragraph( b), the requesting party shall, prior to being provided the records, reimburse the cost of preparation by the Contractor, subcontractors and the entity through which the request was made.

The public shall not be given access to such records at the principal office of the Contractor.

The Contractor shall file a cert ed copy ofthe payroll records with the entity that requested such records within ten ( 10) calendar days after receipt of a written request.

Any copy of records made available for inspection as copies and furnished upon request to the public or the City, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, shall be marked or obliterated in such a manner as to p event disclosure of an individual' s name, address, and social security number. The name and address of the Contractor or any subcontractor performing work on the Project shall not be marked or obliterated.

The Contractor shall inform the City of the location of the payroll records, including the street address, city and county, and shall, within five ( 5) calendar days, provide a notice of a change of location and address.

In the event of noncompliance with the requirements of this section, the Contractor shall have ten ( 10) calendar days in which to comply subsequent to receipt of written notice specifying in what respects the Contractor must comply with this section. Should noncompliance still be evident after such ten ( 10) calendar day period, the Contractor shall, as a penalty to the City, forfeit twenty- five dollars ($ 25) for each calendar day, or portion thereof, for each worker until strict compliance is effectuated.

Upon the request of the Division of Labor Standards Enforcement, such penalties shall be withheld from payments due Contractor.

PREVAILING WAGES
j) The Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, section 16000 et seq. {" Prevailing Wage Laws") which require the payment of prevailing wage rates and the perFormance of other requirements on certain" public works" and " maintenance" projects. Since this Contract involves an applicable public works" or" maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $ 1, 000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. The Contractor shall obtain a copy of the prevailing rates of per diem wages applicable to the work to be performed by subcontractors from the website of the Division of Labor Statistics and Research of the Department of Industrial Relations located at
htt:!/ www. dir. ca. qov/ dlsr/ PWD/ index. htm. In the alternative, the City shall provide Contractor with a copy of the prevailing rates of per diem wages applicable to the work to be pertormed by subcontractors.

227
DocuSign Envelope ID: DDDOF753- CE9F- 4C36- 9304- 9A2E5E256006 CITY OF LATHROP— CONCO- WEST, INC.

EMERGENCY SERVICE CONTRACT TO REMOVE AND REPLACE CHLORINE TANKS AND FLOW

METER AT CTF
Contractor shail make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to perform work on the Project available to interested parties upon request, and shall post copies at the Contractor' s principal place of businesS and at the Project site.

Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or allege failure to comply with the Prevailing Wage Laws.
k) The Contractor and each subcontractor shall forFeit as a penalty to the City not more than fifty dollars ($ 50) for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing rate for any work done by him, or by any subcontract under him, in violation of the provisions of the California Labor Code. The difference between such stipulated prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each ' worker by the Contractor.

INSURANCE
On or before beginning any of the services or work called for by any term of this Agreement, CONTRACTOR, at its own cost and expense, shall carry, maintain for the duration of the Agreement, and provide proof thereof that is acceptable to the CITY the insurance specified in subsections( a) through ( c) below with insurers and under forms of insurance satisfactory in all respects to the CITY. CONTRACTOR shall not allow any subcontractor to commence work on any subcontract until all insurance required of the CONTRACTOR has also been obtained for the subcontractor. Verification of this insurance shall be submitted and made part of this Agreement prior to execution.
a) Workers' Compensation. CONTRACTOR shall, at CONTRACTOR' S sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer' s Liability Insurance for any and atl persons employed directly or indirectly by CONTRACTOR. Said Statutory Workers' Compensation Insurance and Employer' s Liability Insurance shall be provided with limits of not less than one million dollars($ 1, 000, 000). In the alternative, CONTRACTOR may rely on a self- insurance program to meet these requirements provided that the program of self-insurance complies fully with the provisions of the California Labor Code. The insurer, if insurance is provided, or the CONTRACTOR, if a program of self- insurance is provided, shall waive all rights of subrogation against the CITY for loss arising from work performed under this Agreement.
b) Commercial General and Automobile Liabilitv Insurance. CONTRACTOR, at CONTRACTOR' S own cost and expense, shall maintain commercial general and automobile liability insurance for the period covered by this Agreement in an amount not less than one million dollars per occurrence 1, 000, 000), combined single limit coverage for risks associated with the work contemplated by this Agreement.

228
DocuSign Envelope ID: DDDOF753- CE9F- 4C36- 9304- 9A2E5E258006 CITY OF LATHROP— CONCO- WEST, INC.

EMERGENCY SERVICE CONTRACT TO REMOVE AND REPLACE CHLORINE TANKS AND FLOW

METER AT CTF
If Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply sepa ately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non- owned automobiles.

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

Each ofthe following shall be included in the insurance coverage or added as an endorsement to the policy:
i) CITY, its officers, employees, and volunteers are to be covered as insured with respect to each of the following: liability arising out of activities performed by or on behalf of CONTRACTOR, products and completed operations of CONTRACTOR; premises owned, occupied or used by CONTRACTOR. The coverage shall contain no special limitations on the scope of protection afforded to CITY, its officers, employees, agents, or volunteers.
ii) The insurance shall cover on an occurrence or an accident basis, and not on a claim made basis.
iii) An endorsement must state that coverage is primary insurance and that no other insurance affected by the CITY will be called upon to contribute to a loss under the coverage.
iv) Any failure of CONTRACTOR to comply with reporting provisions of the policy shall not affect coverage provided to CITY and its officers, employees, agents, and volunteers.
v) Insurance is to be placed with California- admitted insurers with a Best's rating of no less than A: VII.
vi) Notice of cancellation or non- renewal must be received by CITY at least thirty days prior to such change.
c) Deductibles and Self- Insured Retentions. CONTRACTOR shall disclose the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. During the period covered by this Agreement, upon express written authorization of CITY Manager, CONTRACTOR may increase such deductibles or self-insured retentions with respect to CITY, its officers, employees, agents, and volunteers.

229
DocuSign Envelope ID: DDDOF753- CE9F- 4C36- 9304- 9A2E5E25B006 CITY OF LATHROP— CONCO- WEST, INC.

EMERGENCY SERVICE CONTRACT TO REMOVE AND REPLACE CHLORINE TANKS AND FLOW

METER AT CTF
The CITY Manager may condition approval of an increase in deductible or self-insured retention levels upon a requirement that CONTRACTOR procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
d) Notice of Reduction in Covera4e. In the event that any coverage required under subsections ( a), ( b), or ( c) of this section of the Agreement is reduced, limited, or materially affected in any other manner, CONTRACTOR shall provide written notice to CITY at CONTRACTOR' S earliest possible opportunity and in no case later than ve days after CONTRACTOR is notified of the change in coverage.
e) In addition to any other remedies CITY may have if CONTRACTOR fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, CITY may, at its sole option:
i) Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
ii) Order CONTRACTOR to stop work under this Agreement or withhold any payment which becomes due to CONTRACTOR
hereunder, or both stop work and withhold any payment, until CONTRACTOR demonstrates compliance with the requirements hereof:
iii) Terminate this Agreement.

Exercise of any of the above remedies, however, is an alternative to other remedies CITY may have and is not the exclusive remedy for CONTRACTOR' S breach.

INDEMNIFICATION
Contractor agrees to protect, defend, indemnify and hold City, its City Council members, officers, employees, engineer, and consultants harmless from and against any and all claims, demands, liabilities, losses, damages, costs, expenses, liens, penalties, suits, or judgments, arising in whole or in part, directly or indirectly, at any time from any injury to or death of persons or damage to property as a result of the willful or negligent act or omission of Contractor, or which results from Contractor' s noncompliance with any Law respecting the condition, use, occupation or safety of the Project site, or any part thereof, or which arises from Contractor' s failure to do anything required under this Contract or for doing anything which Contractor is required not to do under this Contract, or which arises from conduct for which any Law imposes strict liability on Contractor in the performance of or failure to perform the terms and conditions of this Contract, except as may arise from the sole willful or negligent act or omission of City or any of its City Council members, officers, employees.

This indemnification shall extend to any and all claims, demands, or liens made or filed by reason of any construction, renovation, or remodeling work performed by Contractor under this Contract at any time during the term of this Contract, or arising thereafter.

230
DocuSign Envelope ID: DDDOF753- CE9F- 4C36- 9304- 9A2E5E25B006 CITY OF LATHROP- CONCO- WEST, INC.

EMERGENCY SERVICE CONTRACT TO REMOVE AND REPLACE CHLORINE TANKS AND FLOW

METER AT CTF

SEVERABILITY
Nothing contained in the Contract shall be construed so as to require the commission of any act contrary to law. Should a conflict arise between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no legal right to contract or act, the latter shall prevail and the provision of this Contract which is affected shall be curtailed and limited but only to the extent necessary to bring it within the requirements of the law. If such curtailment or limitation is not possible, the affected provision shall be of no force and effect. Except as aforesaid, such illegaiity shall not affect the validity of this Contract.

COMPLETE AGREEMENT
This Contract supersedes any and all agreements, either oral or in writing, between the Parties with respect to the subject matter herein.

Each party to this Contract acknowledges that no representation by any party which is not embodied herein or any other agreement, statement, or promise not contained in this Contract shall be valid and binding.

INTERPRETATION
I) The parties hereto acknowledge and agree that each has been given the opportunity to independently review this Contract with legal counsel, and/ or has the requisite experience and sophistication to understand, inte pret and agree to the particular language of the provisions of the Contract. m) In the event of a controversy or dispute between the parties concerning the provisions herein, this document shall be interpreted according to the provisions herein and no presumption shall arise concerning the draftsmanship of such provision.

APPLICABLE LAW
n) The parties hereto understand and agree that the terms of this Contract, and its Exhibits, have been negotiated and executed within the State of California and shall be governed by and construed under the laws of the State of California. o) In the event of a dispute concerning the terms of this Contract, the parties hereto expressly agree that the venue for any legal action shall be with the appropriate court in the County of San Joaquin, State of California.

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

231
DocuSign Envelope ID: DDDOF753- CE9F- 4C36- 9304- 9A2ESE25B006 CITY OF LATHROP— CONCO- WEST, INC.

EMERGENCY SERVICE CONTRACT TO REMOVE AND REPLACE CHLORINE TANKS AND FLOW

METER AT CTF
Approved as to Form: City of Lathrop
City Attorney
3 Salvador Navarrete Date
Recommended for Approvai: City of Lathrop
Assistant City Manager
I l l• 2023
Michael King Date
Approved by: City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
r--' t 1 tZ• 2,crL3
Stephen J. Salvatore Date
City Manager
Contractor: Conco-West, Inc.

PO Box 1360
Manteca, CA 95336
Fed ID# 94- 2512593
Lathrop Business License# 40150
ooc sq. a n,,:
j, t,, Sk, 11/ 16/ 2023
Signa ure Date
Mike DeRousse President
Print Name and Title

232
Cal State License q353199
DIR 1000001168
PO Box 1360
Manteca, CA 95336
209) 239- 2110
O/ 1: A weSt 11C Fax( 209) 239-2384
www. concowestinr. corn
Mr. Ken Keed November 3, 2023
City of Lathrop
390 Towne Centre Dr.

Lathrop, CA 95330
Re: Remove& Replace City Fumished Tanks
Flow Meter
Lathrop, CA
Estimate No. 23038
Dear Mr. Reed:

We aze pleased to offer the following proposal to remove the existing Chlorine Tanks& install new City provided Chlorine Tanks. Remove existing 16" Flow Meter& install new City provided Flow Meter.

The current housekeeping pads the existing tanks sit on are not large enough for the installation of the seismic clips. We propose to form& pour approx.. 8 ea 18" x18" x6" tall concrete piers per tank that the seismic clips will sit on. The anchor bolts for the clips will get drilled& epoxied 9" into the base slab of the containment structure. The 9" embedment was given by Snyder Tanks through their dealer Harrington Plastics. We will install the 2 ea seismic cable straps per tank as provided by Snyder. We will add a 4" steel tube spacer on the back of the seismic clip holding the tank in place instead of the clip being tight against the tank.

Remove& replace all ball valves with new CPVC ball valves. The current 4" valves will be replaced with 3" ball valves due to the new tank only having 3" fittings.

Insta112 ea 3" rubber expansion joint at 3" ball valves.

Insta112 ea 2" rubber expansion joint at 2" ball valves on chlorine fill lines. 4 ea stainless unistrut pipe supports at 3"& 2" valves
Remove& replace vent& overflow piping with new CPVC piping.

Remove& reinstall pressure transducers& pressure switches.

Remove& reinstall existing chlorine feed line. Add 2" ball valve on each side of the T to isolate each tank if needed.

Install new CPVC line from chlorine tank to pump sight glass on the tank closest to the pumps.

Install new chlorine feed lines reusing the existing camlock fittings.

Reuse existing stainless unistrut pipe supports as needed.

Remove existing duplex pump skid& mounting strut.

Abrasive blast& apply 20- 30 mils DFT of Dura Plate 8200 to the interior concrete surfaces of the existing concrete containment area, housekeeping pads& new 18" x18" x6" piers. Price includes removing loose coating& abrading tightly adhered existing coating, filling of cracks* spalls with Steel- Seam epoxy patching& surfacing compound before application.

Remove existing 16" flow meter& install new 16" flow meter provided by City. We have included a new 16" RFCA& 316 nuts, bolts& gaskets for the flow meter installation.

SEE ATTA HED F4R P ICING
Exclusions& Clarification:

Existing tanks& chemical skid to be left onsite fpr disposal by others.

All tanks, seismic clips& cable straps provided by the City.

233
Cal State License# 353199
DIR# 1000001168
PO Box 1360
Manteca, CA 95336
Conco w t Inc Faac( 209) 239 2384
wwU. concowc stinc. com
Exclusions& Clarification Continued:

Installation of seismic anchors, clips, straps has not been reviewed or approved by a Structural Engineer.

We will remove, install& pipe one( 1) tank at a time. Excludes any calibration or programming of pressure transmitters, pressure switches, etc.Bid based on normal working hows. M-F 7: 00 am to 330 pm.Each tank to be empty prior to start of work. Chlorine to be removed from tavks by others Excludes new pipe spools for flow meter installation.

Excludes calibration or progamming of new flow meter.

Excluded all permits, fees, survey, concrete and compaction testing.

Excludes bond premium. ( We are bondable @ 1. 35%)
Quotation is valid for 30 days.

Regards,
s
Steve Murphy
Estimator/ Project Manager

234
23038 LATHROP WASTE WAI'ER TREATMENT PLANT Steve 11/ 3/ 2023 12: 56 PM

LATHROP WWTP
BW DeetH J'
00 REMOVE& REPLACE CITY PROVIDED CHI.ORINE TANKS, 1. 000 LS 182, 600.00 182, 600. 00 200 REMOVE Bc REPLCE 16" CITY PROVIDED FLOW METER I. 000 LS 7, 800. 00 7,800. 00 Bid 1bta1 S190, 00. 00
1 235
236
CITY MANAGER' s RePORT ITEM 5. 1
DECEMBER 11, 2023 CITY COUNCIL REGULAR MEETING
ITEM: PUBLIC HEARING ( PUBLISHED NOTICE) TO

CONSIDER ADOPTING AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF LATHROP UPDATING THE

MILITARY EQUIPMENT LIST FOR MILITARY
EQUIPMENT USE POLICY NO. 706, FOR THE USE OF

MILITARY EQUIPMENT BY THE LATHROP POLICE

DEPARTMENT, IN COMPLIANCE WITH CALIFORNIA
GOVERNMENT CODE SECTIONS 7070- 7075,
ASSEMBLY BILL 481
RECOMMENDATION: The Council to Consider the Following Items:
i. Hold a Public Hearing;

2. First Reading and Introduction of an Ordinance
Amending Chapter 9. 20 Titled Military
Equipment Use Policy", of Title 9 Public Peace
and Welfare" of the Lathrop Municipal Code by
Amending Section 9. 20. 050 titled Active
Policies" to Update Existing Military Equipment
List for Military Equipment Use Policy No. 706,
by Incorporating Funding, Acquisition, and Use
of New Military Equipment for the Lathrop
Police Department, in Compliance with
California Government Code Sections 7070-
7075, Assembly Bill ( Chieu); and

3. Adopt Resolution Accepting Annual Military
Equipment Report
SUMMARY:

California Assembly Bill 481 ( AB 481), codified in California Government Code sections 7070- 7075, requires local Police Departments to implement a new, update, or add to an existing military equipment use policy via ordinance.

Tonight, the Police Department is requesting that the City Council hold a public hearing to consider an ordinance amending Chapter 9. 20, titled Military Equipment Use Policy", of Title 9 Public Peace and Welfare" of the Lathrop Municipal Code, by amending Section 9. 20. 050 titled ' Active Policies" to updated existing Military Equipment List for Military Equipment Use Policy No. 706, by incorporating funding, acquisition, and use of new military equipment for the Lathrop Police Department, in compliance with California Government Code Sections 7070- 7075, Assembly Bill Chieu).

Additionally, staff requests that the City Council adopt a Resolution accepting the Annual Military Equipment Report, summarizing the equipment use and funcling from the initial approval, June 2022 to date.
237
CITY MANAGER' S REPORT Page 2
DECEMBER 11, 2023 CITY COUNCIL REGULAR MEETING

PUBLIC HEARING TO CONSIDER AN ORDINANCE FOR USE OF MILITARY

EQUIPMENT BY THE NEW LATHROP POLICE DEPARTMENT
The following equipment is being added to existing Military Equipment Use Policy No. 706:

Equipment Name Quantity Cost of Equipment
Sought

5. 56mm Semiautomatic 11 ( 11. 5") 2, 010. 08 each; $ 22, 110. 88 total Rifles and amno
Remington 870 Less 8 Previously owned; repurposed for
Lethal Launcher - Drag new use.

Stabilized 12- Gauge Bean
Bag Round
Super- sock Bean Bag 50 sets of 5 7. 50 per 5 Units; $ 375. 00 total Ammunition units; total 250

5. 56mm & 9mm Specialty 3, 000 3, 000
Impact Munitions
Previously approved Military Equipment:

Equipment Name Quantity Policy No.

Owned

5. 56 mm Semiautomatic 35 owned ( 16") Policy No. 706; approved with Rifles and ammo - CA Ordinance 22- 436 ( June 2022);
Gov' t Code § 7070( c)( 10)
40mm Launchers and 16 Policy No. 706; approved with
rounds Ordinance 22- 436
Unmanned Aircraft 4 Policy No. 606; approved with
System ( UAS) Ordinance 22- 441 ( December
2022)
BACKGROUND:

Assembly Bill 481 Background
On September 30, 2021, Governor Newsom signed into law seven ( 7) major peace officer reform bills, including AB 481, authored by Assembly Member David Chieu to address the funding, acquisition and use of items lawmakers deem to be considered military equipment. This bill requires law enforcement agencies to obtain approval of the applicable governing body, by adoption of a military equipment use policy, as specified, by ordinance at a regular meeting held pursuant to specified open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined.
238
CITY MANAGER' S REPORT Page 3
DECEMBER li, 2023 CITY COUNCIL REGULAR MEETING

PUBLIC HEARING TO CONSIDER AN ORDINANCE FOR USE OF MILITARY

EQUIPMENT BY THE NEW LATHROP POLICE DEPARTMENT
AB 481, codified in California Government Code Sections 7070- 7075, required each law enforcement agency' s governing body to adopt a written military equipment use policy by ordinance in a public forum by April 30, 2022, to continue using this previously acquired military equipment, effective May 1, 2022. During that time the City of Lathrop was under the jurisdiction of the San Joaquin County Sheriff' s office, while working to transition into its own Police Department by July 1, 2022.

In preparation of the transition, on June 13, 2022, the City Council adopted Ordinance 22- 436, amending Title 9 " Public Peace and Welfare" of the Lathrop Municipal Code LMC) by adding Chapter 9. 20 titled Military Equipment Use Policy" to establish a policy for the proper use, funding and acquisition of military style equipment as set forth by AB 481 in compliance with California Government Code Section 7071. Military Equipment Use Policy No. 706 referenced by Ordinance 22- 436 authorized the new Lathrop Police Department to fund, acquire, and use thirty- five 5. 56mm semiautomatic rifles and ammo, and eight 40mm launchers and rounds. Additionally, on December 12, 2022, the City Council adopted Ordinance 22- 441, amending Chapter 9. 20 titled " Military Equipment Use Policy", of Title 9 Public Peace And Welfare" of the Lathrop Municipal Code by adding Section 9. 20. 050 titled " Active Policies" to incorporate new Lathrop Police Department Policy No. 606, regulating Unmanned Aerial System ( UAS) Operations", and formally codifying previously approved Military equipment Use Policy No. 706, in the Lathrop Municipal Code, in compliance with California Government Code Section 7071.

Tonight, the Police Department is requesting that the City Council hold a public hearing to consider an ordinance amending Chapter 9. 20, titled " Military Equipment Use Policy", of Title 9 " Public Peace and Welfare" of the Lathrop Municipal Code, by amending Section 9. 20. 050 titled " Active Policies" to updated existing Military Equipment List for Military Equipment Use Policy No. 706, by incorporating funding, acquisition, and use of new military equipment for the Lathrop Police Department, in compliance with California Government Code Sections 7070- 7075, Assembly Bill Chieu).

Additionally, staff requests that the City Council adopt a Resolution accepting the Annual Military Equipment Report, summarizing the equipment use and funding from the initial approval, June 2022 to date.

Definition of Military Equipment Use Policy
Per the statute, " military equipment use policy" means a publicly released, written document governing the use of military equipment by a law enforcement agency or a state agency that addresses, at a minimum, all of the following:
i. A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment.
239
CITY MANAGER' S REPORT Page 4
DECEMBER 11, 2023 CITY COUNCIL REGULAR MEETING

PUBLIC HEARING TO CONSIDER AN ORDINANCE FOR USE OF MILITARY

EQUIPMENT BY THE NEW LATHROP POLICE DEPARTMENT

2. The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment.

3. The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.

4. The legal and procedural rules that govern each authorized use.

5. The training, including any course required by the Commission on Peace Officer Standards and Training ( POST), that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public' s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy.

6. The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.

7. For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.

Overview of Requirements of AB 481
Codified in California Government Code sections 7070- 7075) Assembly Bill ( AB) 481 requires each law enforcement agency' s governing body to adopt a written military use policy by ordinance in addition to other requirements by the bill.

Publish the draft military equipment use policy to the Police Department' s website 30 days ahead of a public hearing to approve the policy.

Obtain approval by the applicable governing body ( Mayor and City Council), by adoption of a military equipment use policy prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined.

See definitions below)
Publish an annual report by the law enforcement agency to include each type of military equipment approved by the governing body.

Annual review of the military equipment use ordinance by the governing body, and option to either disapprove a renewal of a type of military equipment or amend the military equipment use policy if it determines that the military equipment does not comply with standards for approval.
240
CITY MANAGER' S REPORT Page 5
DECEMBER 11, 2023 CITY COUNCIL REGULAR MEETING

PUBLIC HEARING TO CONSIDER AN ORDINANCE FOR USE OF MILITARY

EQUIPMENT BY THE NEW LATHROP POLICE DEPARTMENT
Hold at least one well publicized and conveniently located community engagement meeting within 30 days of submitting and publicly releasing the annual military equipment report.

Definition of Military Equipment ( Government Code 7070) AB 481 designates the following 15 categories of items as military equipment:

1. Unmanned, remotely piloted, powered aerial or ground vehicles

2. Mine- resistant ambush- protected vehicles ( MRAP) or armored personnel carriers.

3. High mobility multipurpose wheeled vehicles ( HMMWV), commonly referred to as Humvees, two and one- half- ton trucks, five- ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached.

4. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.

5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.

6. Weaponized aircraft, vessels, or vehicles of any kind.

7. Battering rams, slugs, and breaching apparatuses that are explosive in nature.

8. Firearms of . 50 caliber or greater, excluding standard issue shotguns.

9. Ammunition of . 50 caliber or greater, excluding standard issue shotgun ammunition

0. Specialized firearms and ammunition of less than . 50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard- issue handguns/ weapons and ammunition of less than . 50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency.

11. Any firearm or firearm accessory that is designed to launch explosive projectiles

12." Flashbang" grenades and explosive breaching tools, " tear gas," and pepper balls," excluding standard, service- issued handheld pepper spray

13. Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device ( LRAD).

14. Projectile launch platforms and their associated munitions including 40mm projectile launchers, " bean bag," rubber bullet, and specialty impact munition SIM) weapons.

15. Any other equipment as determined by a governing body or a state agency to require additional oversight
241
CITY MANAGER' S REPORT Page 6
DECEMBER il, 2023 CITY COUNCIL REGULAR MEETING

PUBLIC HEARING TO CONSIDER AN ORDINANCE FOR USE OF MILITARY

EQUIPMENT BY THE NEW LATHROP POLICE DEPARTMENT
As mentioned under " Requirements of AB 481", the ordinance( s) and policies are subject to annual City Council review to determine whether, based on an annual military equipment report, the standards set forth in the approving ordinance have been met. The City Council may renew the authorizing ordinance, disapprove authorization for particular military equipment where standards have not been rriet, or require modifications to this military equipment use procedure to address any noncompliance with standards.

Finally, the bill requires publication of this, and any approved, military equipment use procedure and the annual military equipment report on the Department' s website.

The military equipment use procedure must be posted on the website at least 30 days prior to the Council meeting. On November 10, 2023, the City published the revised Military Equipment List for Military Equipment Use Policy No. 706 and the Annual Military Equipment Report on the dedicated Police Dept. AB 481 website under https:// www. ci. lathrop. ca. us/ police/ page/ assembly- bill- ab- 481).

The Public Hearing Notice was also published with the Manteca Bulletin on November 10, 2023.

FISCAL IMPACT:

The cost of the proposed military equipment to be owned/ utilized by the Police Department, under Military Use Policy 706 is listed below ( Attachment D), funded from the Police Department operating budget.

Equipment Name Quantity Cost of Equipment
Sought

5. 56mm Semiautomatic 11 ( 11. 5") 2, 010. 08 each; $ 22, 110. 88 total Rifles and amno
Remington 870 Less 8 Previously owned; repurposed for
Lethal Launcher / Drag new use.

Stabilized 12- Gauge Bean
Bag Round
Super- sock Bean Bag 50 sets of 5 7. 50 per 5 Units; $ 375. 00 total Ammunition units; total 250

5. 56mm & 9mm Specialty 3, 000 3, 000
Impact Munitions
REASON FOR RECOMMENDATION:

Staff requests City Council approval of the proposed ordinance to update existing Military Equipment List for Military Equipment Use Policy No. 706, in order for the Police Department to comply with the recently implemented State law, California Assembly Bill 481 ( AB- 481), codified in California Government Code sections 7070- 7075, requiring local Police Departments to implement a new, or amended, military equipment use policy by means of an ordinance.
242
CITY MANAGER' S REPORT Page 7
DECEMBER 11, 2023 CITY COUNCIL REGULAR MEETING

PUBLIC HEARING TO CONSIDER AN ORDINANCE FOR USE OF MILITARY

EQUIPMENT BY THE NEW LATHROP POLICE DEPARTMENT
ATTACH M ENTS:

A. Ordinance Amending Chapter 9. 20 Titled " Military Equipment Use Policy", of Title 9 Public Peace and Welfare" of the Lathrop Municipal Code by Amending Section 9. 20. 050 titled " Active Policies" to Update Existing Military Equipment List for Military Equipment Use Policy No. 706, by Incorporating Funding, Acquisition, and Use of New Military Equipment for the Lathrop Police Department, in Compliance with California Government Code Sections 7070- 7075, Assembly Bill ( Chieu)
B. Resolution Accepting Annual Military Equipment Report C. Adopted Military Equipment Use Policy No. 706
D. Amended Military Equipment List for Policy No. 706
E. 2022- 2023 Annual Military Equipment Report
243
CITY MANAGER' S REPORT Page 8
DECEMBER 11, 2023 CITY COUNCIL REGULAR MEETING

PUBLIC HEARING TO CONSIDER AN ORDINANCE FOR USE OF MILITARY

EQUIPMENT BY THE NEW LATHROP POLICE DEPARTMENT

APPROVALS
j I .
ephen Seal Date
Interim Chief of Police
7 Cari Ja Date
Finance irector
1 2 7 / ZoZ3
Thomas Hedegard Date
Deputy City Manager
Z zoZ 3
Salvador Navarrete Date
City Attorney
1 ' 3
Stephe alvatore Date
City Manager
244
ORDINANCE NO. 23-

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LATHROP AMENDING CHAPTER 9. 20 TITLED MILITARY EQUIPMENT USE POLICY", OF TITLE 9 PUBLIC PEACE AND WELFARE" OF THE LATHROP MUNICIPAL CODE BY AMENDING SECTION 9. 20. 050 TITLED ACTIVE POLICIES" TO UPDATE

EXISTING MILITARY EQUIPMENT LIST FOR MILITARY EQUIPMENT USE POLICY NO. 706, BY INCORPORATING FUNDING, ACQUISITION, AND USE

OF NEW MILITARY EQUIPMENT FOR THE LATHROP POLICE DEPARTMENT, IN COMPLIANCE WITH CALIFORNIA GOVERNMENT CODE SECTIONS 7070- 7075, ASSEMBLY BILL ( CHIEU); AND
WHEREAS, on September 30, 2021, Governor Newsom signed into law seven 7) major peace officer reform bills, including Assembly Bill ( AB) 481 ( codified in California Government Code Sections 7070- 7075), authored by Assembly Member David Chieu to address the funding, acquisition and use of items lawmakers deem to be considered military equipment; and
WHEREAS, AB 481 seeks to provide transparency, oversight, and an opportunity for meaningful public input on decisions regarding whether and how military equipment is funded, acquired, or used; and
WHEREAS, AB 481 required each law enforcement agency' s governing body to adopt a written military equipment use policy by ordinance in a public forum by April 30, 2022, to continue using this previously acquired military equipment, effective May 1, 2022; and
WHEREAS, during that time the City of Lathrop was under the jurisdiction of the San ) oaquin County Sheriff's office, while working to transition into its own Police Department by ] uly 1, 2022; and
WHEREAS, in preparation of the transition, on June 13, 2022, the City Council adopted Ordinance 22- 436, amending Title 9 Public Peace and Welfare" of the Lathrop Municipal Code ( LMC) by adding Chapter 9. 20 titled " Military Equipment Use Policy" to establish a policy for the proper use, funding and acquisition of military style equipment as set forth by AB 481 in compliance with California Government Code Section 7071; and
WHEREAS, Policy No. 706 authorized the new Lathrop Police Department to fund, acquire, and use of thirty-five 5. 56mm semiautomatic rifles and ammo, and eight 40mm launchers and rounds; and
WHEREAS, on December 12, 2022, the City Council adopted Ordinance 22- 441, amending Chapter 9. 20 titled " Military Equipment Use Policy", by adding Section

9. 20. 050 titled Active Policies" to incorporate new Lathrop Police Department Policy No. 606, regulating " Unmanned Aerial System ( UAS) Operations", and formally codifying previously approved Military equipment Use Policy No. 706, in the Lathrop Municipat Code, in compliance with California Government Code Section 7071; and Ordinance No.
245
WHEREAS, Policy No. 606 authorized the new Lathrop Police Department to fund, acquire, and use four ( 4) unmanned aerial system ( known as drones); and WHEREAS, staff requests that the City Council hold a public hearing to consider an ordinance amending Chapter 9. 20, titled ' Military Equipment Use Policy", of Title 9 Public Peace and Welfare" of the Lathrop Municipal Code, by amending Section 9. 20. 050 titled Active Policies" to updated existing Military Equipment List for Military Equipment Use Policy No. 706, by incorporating funding, acquisition, and use of new military equipment for the Lathrop Police Department, in compliance with California Government Code Sections 7070- 7075, Assembly Bill ( Chieu); and WHEREAS, the City Council of the City of Lathrop having received the information required under AB 481 regarding the proposed use of military equipment as defined in said law, deems it to be in the best interest of the City to approve and adopt the amended Military Equipment List for Military Equipment Use Policy No. 706; and
WHEREAS, the amended military equipment list for Military Equipment Use Policy No. 706 will be incorporated by reference in LMC Section 9. 20. 050 titled Active Policies".

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lathrop does hereby ordain as follows:

Section 1.

That the amended Lathrop Police Department Military Equipment List for Military Equipment Use Policy No. 706, on file with the Lathrop Police Department, is hereby updated and adopted and will be incorporated by reference in Section 9. 20. 050.

Section 2.

Title 9 of the Lathrop Municipal Code, titled Public Peace and Welfare" is hereby amended by adding new military equipment to Section 9. 20. 050 titled Active Policies", to Chapter 9. 20 titled " Military Equipment Use Policy", to incorporate new military equipment categories to Military Equipment Use Policy No. 706, to read in its entirety as follows.

CHAPTER 9. 20 MILITARY EQUIPMENT USE POLICY

9. 20.050 Active Policies
A. The Lathrop police department has obtained approval of the City Council, by ordinance adopting the following military equipment use policies, incorporated here by reference:

Ordinance No.
246
A. Military Equipment Use Policy No. 706, adopted by Ordinance 22- 436, for the funding, acquisition and use of thirty- five ,, semiautomatic rifles and ammo, and eight 40mm launchers and rounds.

B. Military Equipment Use Policy No. 606, adopted by Ordinance 22- 441, fund, acquire, and use of unmanned aerial system ( known as drones).

Ord. 22- 441 § 2)
C. Military Equipment Use Policy No. 706, amended by Ordinance 23- t ------ to add the funding, acquisition and use of eleven S, S_ na n semiautomatic rifles and amno, eight Remington 870 less lethal launchers - drag stabilized 12- gauge bean bag rounds fiftY sets of five units of super-sock bean bags ammunitions, and three thousand S.6mm & m specialty impact munitions.

Section 3.

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.

Section 4. Severabilitv.

If any section, subsequent subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise invalid, such a decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance irrespective of the unconstitutionality or invalidity of any section, subsection, subdivision, paragraph, sentence, clause or phrase.

Section 5. Effective Date.

This Ordinance shall take legal effect 30 days from and after the date of its passage.

Section 6. Publication.

Within fifteen days of the adoption of this Ordinance, the City Clerk shall cause a copy of this Ordinance, to be published in full accordance with Section 36933 of the Government Code
Ordinance No.
247
THIS ORDINANCE was introduced at a regular meeting of the City Council of the City of Lathrop on the 11t'' day of December 2023, and was PASSED AND ADOPTED at a regular meeting of the City Council of the City of Lathrop on the day of 202_, 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 Ordinance No.
248
RESOLUTION NO. 23-

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

THE ANNUAL MILITARY EQUIPMENT REPORT PURSUANT CALIFORNIA ASSEMBLY BILL 481 ( CHIEU), CODIFIED IN GOVERNMENT CODE SECTIONS 7070- 7075
WHEREAS, California Assembly Bill 481 ( AB 481), codified in California Government Code sections 7070- 7075, requires local Police Departments to implement a new, update, or add to an existing military equipment use policy via ordinance; and
WHEREAS, AB 481 requires each law enforcement agency to prepare and publish an annual report to include each type of military equipment approved by the governing body; and
WHEREAS, under AB 481, the ordinance( s) and policies are subject to annual City Council review to determine whether, based on an annual military equipment report, the standards set forth in the approving ordinance have been met; and WHEREAS, the City Council may renew the authorizing ordinance, disapprove authorization for particular military equipment where standards have not been met, or require modifications to this military equipment use procedure to address any noncompliance with standards; and WHEREAS, the City Council must hold at least one well publicized and conveniently located community engagement meeting within 30 days of submitting and publicly releasing the annual military equipment report; and WHEREAS, staff requests that the City Council hold a Public Hearing to hear public testimony to consider accepting the Annual Military Equipment Report, summarizing the equipment use and funding from the initial approval, ) une 2022 to date.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lathrop hereby accept the Annual Military Equipment Report, summarizing the equipment use and funding from the initial approval, June 2022 to date.

Resolution No. 23-
249
The foregoing resolution was passed and adopted this llth day of December 2023, by the following vote of the City Council, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FO M:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney Resolution No. 23-
250
Lathrop Police Department
Policy Manual ATTACHMENT "
Military Equipment
706. 1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment ( Government Code § 7070; Government Code § 7071; Government Code § 7072).

California Government Code section 7071( b) requires that law enforcement agencies submit a proposed Military Equipment Use Policy to their governing body for approval. California Government Code § 7070( c) provides a list of equipment types that are considered to be " military equipment" for purposes of this policy requirement, and this Military Equipment Use Policy includes information for any such equipment types that are possessed by the Lathrop Police Department, or reasonably likely to be deployed in Lathrop by its law enforcement partners. 706. 1. 1 DEFINITIONS
California Government Code section 7070( d) defines a Military Equipment Use Policy as a publicly released written document that includes, at a minimum, all of the following:

1. A description of each type of Military Equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the Military Equipment.

2. The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of Military Equipment.

3. The fiscal impact of each type of Military Equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.

4. The legal and procedural rules that govern each authorized use.

5. The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of Military Equipment to ensure the full protection of the public's welfare, safety, civil rights, and civil liberties and full adherence to the Military Equipment use policy.

6. The mechanisms to ensure compliance with the Military Equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.

7. For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of Military Equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner Governing body—The elected or appointed body that oversees the Department.

Military equipment— Includes but is not limited to the following:

1. Unmanned, remotely piloted, powered aerial or ground vehicles.

Copyright Lexipol, LLC 2022/04/ 15, All Rights Reserved. DRAFT*** Military Equipment- 1 Published with permission by Lathrop Police Department 251
Lathrop Police Department
Policy Manual
Military Equipment

2. Mine- resistant ambush- protected ( MRAP) vehicles or armored personnel carriers.

3. High mobility multipurpose wheeled vehicles (HMMWV), two-and- one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached.

4. Tracked armored vehicles that provide ballistic protection to their occupants.

5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.

6. Weaponized aircraft, vessels, or vehicles of any kind.

7. Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.

8. Firearms and ammunition of . 50 caliber or greater, excluding standard- issue shotguns and standard- issue shotgun ammunition.

9. Specialized firearms and ammunition of less than . 50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard- issue firearms.

10. Any firearm or firearm accessory that is designed to launch explosive projectiles.

11. Noise- flash diversionary devices and explosive breaching tools.

12. Munitions containing tear gas or OC, excluding standard, service- issued handheld pepper spray.

13. TASERO Shockwave, microwave weapons, water cannons, and long-range acoustic devices ( LRADs).

14. Kinetic energy weapons and munitions.

15. Any other equipment as determined by a governing body or a state agency to require additional oversight.

16. Notwithstanding paragraphs ( 1) through ( 15), " Military Equipment" does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.
706. 2 POLICY
It is the policy of the Lathrop Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 706. 3 COLLABORATION OR COORDINATION WITH OTHER AGENCIES Law enforcement agencies responding to a call for mutual aid or who participate in collaboration with Lathrop Police Department within the City of Lathrop shall adhere to their own policies on the use of military equipment.
706. 4 POLICY COMPLIANCE
Government Code section 7070 requires that this policy specify the mechanisms to be used by the Department to ensure compliance with this policy. Complaints regarding violations of this policy Copyright Lexipol, LLC 2022/04/ 15, All Rights Reserved. DRAFT*** Military Equipment- 2 Published with permission by Lathrop Police Department 252
Lathrop Police Department
Policy Manual
Military Equipment
are subject to investigation and discipline in accordance with Policy 1020, and other policies of the Department related to officer discipline. Complaints, questions, or other inquiries can be made as described below in the Public Involvement section. Further, The Chief will designate a Military Equipment Coordinator, whose responsibilities are described herein, which will include assisting with ensuring compliance with this policy.
706. 5 PUBLIC INVOLVEMENT
Pursuant to California Government Code § 7070( d)( 7), members of the public may register complaints or concerns or submit questions about the use of each specific type of Military Equipment in this policy by any of the following means:
a) Via email to: rbechler@ci. lathrop. ca. us
b) Via phone call to: ( 209) 647- 6401
c) Via mail sent to: Lathrop Police Department Attn: Military Equipment Coordinator, 390 Towne Centre Dr. Lathrop, CA 95330.

The Lathrop Police Department is committed to responding to complaints, concerns and/ or questions received through any of the above methods in a timely manner. 706.6 MILITARY EQUIPMENT COORDINATOR
The Chief of Police shall designate a member of this department to act as the military equipment coordinator. The responsibilities ofthe military equipment coordinator include but are not limited to:
a) Acting as liaison to the governing body for matters related to the requirements of this policy.
b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
c) Conducting an inventory of all military equipment at least annually. d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Lathrop Police Department ( Government Code § 7071). e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

Publicizing the details of the meeting.

Preparing for public questions regarding the department' s funding, acquisition, and use of equipment.
f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website( Government Code § 7072).
g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.

Copyright Lexipol, LLC 2022/04/ 15, All Rights Reserved. DRAFT*** Military Equipment- 3 Published with permission by Lathrop Police Department 253
Lathrop Police Department
Policy Manual
Military Equipment
706. 7 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well- publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
706. 8 MILITARY EQUIPMENT INVENTORY
Pursuant to Government Code section 7070( d), the below provides a description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturerof the military equipment. This section will include the purposes and authorized uses, the fiscal impact, the legal and procedural rules that govern the use, and the training required, for each type of military equipment. This section of the Military Equipment Use Policy is divided into two sections.

Section One lists qualifying equipment that is owned and/ or utilized by the Lathrop Police Department.

Section Two lists qualifying equipment not previously listed in this policy, that is not owned or regularly utilized by the Lathrop Police Department, but which is known to be owned and/ or utilized by the Manteca/Ripon Regional SWAT Team, for which the Lathrop Police Department is a participating agency. While the equipment in Section Two is not purchased, owned, or maintained by the Lathrop Police Department, it could be used in the City of Lathrop if Manteca/ Ripon SWAT is deployed, and is therefore included in this Military Equipment Use Policy. It is important to note that Manteca/ Ripon SWAT is generally only deployed in extreme circumstances such as active shooter incidents, hostage situations, and the execution of high risk search and arrest warrants.

The equipment Manteca/ Ripon SWAT possesses is rarely deployed but could prove essential to emergency operations when needed.
706. 9 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue ( Government Code§ 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following ( Government Code § 7071):
a) Requesting military equipment made available pursuant to 10 USC § 2576a. b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in- kind donations, or other donations or transfers.

Copyright Lexipol, LLC 2022/04/ 15, All Rights Reserved. DRAFT*** Military Equipment- 4 Published with permission by Lathrop Police Department 254
Lathrop Police Department
Policy Manual
Military Equipment
c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
g) Acquiring military equipment through any means not provided above. 706. 10 COORDINATION WITH OTHER JURISDICTIONS
Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this policy. 706. 11 ANNUAL REPORT
Pursuant to California Government Code § 7070( d)( 6), and in accordance with California Government Code §7072, the Lathrop Police Department will submit to the Lathrop City Council an Annual Military Equipment Report and will make that report publicly available on its internet website. The Annual Military Equipment Report required by this section will remain publicly available on the City' s internet website for as long as the military equipment is available for use.

In addition, within 30 days of submitting and publicly releasing an Annual Military Equipment Report pursuant to this section, the Police Department shall hold at least one well- publicized and conveniently located community engagement meeting. The Annual Military Equipment Report will include the following information for the immediately preceding calendar year for each type of military equipment:
a) A summary of how the military equipment was used and the purpose of its use. b) A summary of any complaints or concerns received concerning the military equipment. c) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. d) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report. e) The quantity possessed for each type of military equipment. f) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.

The Lathrop City Council will use the Annual Military Equipment Report as a mechanism to ensure the Lathrop Police Department's compliance with this Military Equipment Use Policy, and to help it Copyright Lexipol, LLC 2022/04/ 15, All Rights Reserved. DRAFT*** Military Equipment- 5 Published with permission by Lathrop Police Department 255
Lathrop Police Department
Policy Manual
Military Equipment
determine whether to approve, revise, or revoke components of the Military Equipment Use Policy for the subsequent year.

Copyright Lexipol, LLC 2022/04I15, All Rights Reserved. DRAFT*** Military Equipment- 6 Published with permission by Lathrop Police Department 256
aTTACHMENT

LATHROP POLICE DEPARTMENT EQUIPMENT LIST
SECTION ONE: Qualifvin Equipment Owned/ LTtilized bv the Lathroq Police Denartment

1. Equipment Name: 5. 56 mm Semiautomatic Rifles and ammo - CA Gov' t Code 7070( c
Quantity Owned/ Sought: 35 owned ( 16")
Lifespan: 15 years
Equipment Capabilities: The Colt M4 semiautomatic rifle is capable of firing 5. 56 mm projectile bullet.

SPEER GOLD DOT . 223 CALIBER 62 GRAIN RIFLE ROLJND, cost: $ 260 per case of 500, quantity: 1700 rounds. Remington ammunition made by Speer is reloadable, features nickelplated brass cases and Boxer primers, and this is a non- corrosive round. The Gold Dot LE ammunition goes through a process ofjoining the jacket and core one molecule at a time, thanks to this, Speer eradicates the potential for the leading cause of bullet failure( jacketicore separation). This process will guarantee extraordinary weight retention through barriers as strong as auto- glass. In addition to its remarkable strength, Gold Dot rifle ammunition asserts remarkable accuracy. With exact tolerances and unparalleled bullet uniformity ofjacket thickness.

Manufacturer Product Description: Colt MLOK 5. 56 CR6920- EPR RIFLE REPL CR6933- EPR W/ 16" Barrel
Action: Gas Operated Semi- Auto
Caliber: 223 Remington/ 5. 56 NATO
Barrel Length: 16. 1"
Capacity: 30+ 1
Trigger: Standard
Safety: Reversible Safety Selector
OAL: 35. 5"
Weight: 6. 951bs
Stock: Black 4- Position Collapsible
Metal Finish: Black
Muzzle: A2 Flash Hider
Receiver Material: 7075- T6 Aluminum
Sights: A2 Front, Magpul Rear
Barrel Description: Chrome- Lined
Twist: l: 7"
Purpose: Duty\ Range
November 9, 2023- Updated Military Equipment List for LPD Policy No. 706— Pending City Council Public Hearing on December 11, 2023— Lathrop AB 481 Website pg. 1 257

LATHROP POLICE DEPARTMENT EQUIPMENT LIST
Throughout the world today, Colt's reliability, performance, and accuracy provide our Armed Forces the confidence required to accomplish any mission. Colt' s CR6920 EPR series shares many features of its combat- proven brother, the Colt AR15.

Description source: LC Action Police Supply I Colt CR6920 Law Enforcement M4 Carbine AR15 ( Formerly LE6920 Purpose/ Authorized Uses:

Members may deploy the patrol rifle in any circumstance where the member can articulate a reasonable expectation that the rifle may be needed. Examples of some general guidelines for deploying the patrol rifle may include but are not limited to: ( a) situations where the member reasonably anticipates an armed encounter, ( b) when a member is faced with a situation that may require accurate and effective fire at long range, ( c) situations where a member reasonably expects the need to meet or exceed a suspect' s firepower, ( d) when a member reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage, ( e)
when a member reasonably believes that a suspect may be wearing body armor, ( fl when authorized or requested by a supervisor, and ( g) when needed to euthanize an animal.

Fiscal Impacts: The initial cost of equipment was approximately $ 43, 124. 81. The ongoing costs for ammunition will vary and maintenance is conducted by departmental staff.

Legal/ Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Lathrop Police Department Policies on Use of Force and Firearms.

Training Required: Officers must successfully complete a CA POST certified 16- hour patrol rifle course as well as regular department firearms training and qualifications as required by law and policy.

2. Equipment Name: 40mm Launchers and rounds
Quantity Owned/ Sought: 16
Lifespan: 20 years
Equipment Capabilities: 40mm Launchers are utilized by department personnel as a less lethal tool to launch less lethal impact rounds. The 40mm Less Lethal Launcher is capable of firing 40mm Kinetic Energy Munitions, which are essentially rubber projectiles.

November 9, 2023- Updated Military Equipment List for LPD Policy No. 706— Pending City Council Public Hearing on December 11, 2023— Lathrop AB 481 Website pg. 2 258

LATHROP POLICE DEPARTMENT EQUIPMENT LIST
Manufacturer Product Description: Defense Technologies 40mm launcher, cost$ 872. 40 ea. Manufactured exclusively for Defense Technology, the 40LMT is a tactical single shot launcher with light rail. The ambidextrous Lateral Sling Mount( LSM) and QD mounting systems allow both a single and two- point sling attachment. The 40LMTS will fire standard 40mm less lethal ammunition, up to 4. 8 inches in Cartridge length. The Picatinny Rail Mounting System will accept a wide array of enhanced optics/ sighting systems. i. Direct Impact 40mm reloadable training Sponge Round— Model 6530 Defense Technology. Approx. 26 rounds. 6530LE- 50 40mm Reloadable Training Round provides the same point of impact accuracy as the 40mm munitions it simulates and is the most cost effective way to conduct training. Reloading the munitions takes seconds and one hex key. Product for use on inanimate targets. ii. 40mm sponge, smokeless, spin stabilizedlCombined Systems. Approx. 29 rounds.

Sponge Baton is a spin- stabilized projectile delivering blunt trauma effect.

Although it is extremely accurate and consistent, accuracy is dependent on the launcher, using open sights vs. an improved sight, environmental conditions, and the operator. Effectiveness depends on many variables, such as distance, clothing, stature, and the point where the projectile impacts. The 40mm Less Lethal Launchers and Kinetic Energy Munitions are intended for use as a less lethal use of force option. To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use may include, but are not limited to: ( a) self- destructive, dangerous, and/ or combative individuals; ( b) barricaded suspects; and ( c) training exercises.

Fiscal Impacts: The initial cost of this equipment was approximately $ 6, 979. 20. The ongoing costs for munitions will vary and maintenance is conducted by departmental staff.

LegaVProcedural Rules Governing Use: All applicable State, Federal and Local laws governing police use offorce. Various Lathrop Police Department Policies on Use of Force and Crowd Control.

Training Required: Officers must complete a department certified 40mm course as well as regular training and qualifications as required by law and policy.

November 9, 2023- Updated Military Equipment List for LPD Policy No. 706— Pending City Council Public Hearing on December 11, 2023— Lathrop AB 481 Website pg. 3 259

LATHROP POLICE DEPARTMENT EQUIPMENT LIST

3. Equipment Name: 5. 56 mm Semiautomatic Rifles and ammo - CA Gov' t Code 7070( c)(, 10
Quantity Owned/ Sought: 11 owned( 11. 5")
Lifespan: 15 years
Equipment Capabilities:

SPEER GOLD DOT . 223 CALIBER 62 GRAIN RIFLE ROLIND, cost: $ 260 per case of 500, quantity: 1700 rounds. Remington ammunition made by Speer is reloadable, features nickelplated brass cases and Boxer primers, and this is a non- corrosive round. The Gold Dot LE ammunition goes through a process ofjoining the jacket and core one molecule at a time, thanks to this, Speer eradicates the potential for the leading cause of bullet failure ( jacket/ core separation). This process will guarantee extraordinary weight retention through barriers as strong as auto- glass. In addition to its remarkable strength, Gold Dot rifle ammunition asserts remarkable accuracy. With exact tolerances and unparalleled bullet uniformity ofjacket thickness.

Manufacturer Product Description: Short Barrel Daniel Defense Rifles w/ Suppressors Action: Gas Operated Semi- Auto
Caliber: 223 Remington/ 5. 56 NATO
Barrel Length: 11. 5"
Capacity: 30+ 1
Trigger: Standard
Safety: Reversible Safety Selector
Stock: 4- Position Collapsible
Receiver Material: 7075- T6 Aluminum
Sights: A2 Front, Magpul Rear
Barrel Description: Chrome- Lined
Purpose: Duty\ Range
Members may deploy the patrol rifle in any circumstance where the member can articulate a reasonable expectation that the rifle may be needed. Examples of some general guidelines for deploying the patrol rifle may include but are not limited to: ( a) situations where the member reasonably anticipates an armed encounter, ( b) when a member is faced with a situation that may require accurate and effective fire at long range, ( c) situations where a member reasonably expects the need to meet or exceed a suspect' s firepower, ( d) when a member reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage, ( e) when a member reasonably believes that a suspect may be November 9, 2023- Updated Military Equipment List for LPD Policy No. 706— Pending City Council Public Hearing on December 11, 2023— Lathrop AB 481 Website pg. 4 260

LATHROP POLICE DEPARTMENT EQUIPMENT LIST
wearing body armor, ( when authorized or requested by a supervisor, and ( g) when needed to euthanize an animal.

Fiscal Impacts: The initial cost of equipment was approximately$ 2, 010. 08 ea. ($ 22, 110. 88). The ongoing costs for ammunition will vary and maintenance is conducted by departmental staff.

Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Lathrop Police Department Policies on Use of Force and Firearms.

Training Required: Officers must successfully complete a CA POST certified 16- hour patrol rifle course as well as regular department firearms training and qualifications as required by law and policy.
4, Equipment Name: Remington 870 Less Lethal Launcher/ Drag Stabilized 12- Gauge Bean Bag Round
Quantity Owned/ Sought: 8 owned
Lifespan: 15 years
Equipment Capabilities/ Manufacturer Product Description: Less Lethal Shotgun is used to deploy the less lethal 12- gauge Drag Stabilized Beanbag Round up to a distance of 75 feet. The range ofthe weapon system helps to maintain space between officers and a suspect reducing the immediacy of the threat which is a principle of De- escalation.

The12- Gauge Drag Stabilized round is comprised of a translucent 12- Gauge shell loaded with a 40 gram, tear shaped bag made from a cotton and ballistic material blend and filled with# 9 shot. This design utilizes four ( 4) stabilizing tails. The 12- Gauge drag stabilized round utilizes smokeless powder as the propellant. Drag Stabilized rounds are discharged from a dedicated 12- gauge shotgun that is distinguishable by an orange butt stock and fore grip. This round provides accurate and effective performance when fired from the
Fiscal Impacts: The initial cost of equipment was approximately$ 1, 074. 22 ea. ($ 8, 593. 75). The ongoing costs for ammunition will vary; maintenance is conducted by departmental staff.

LegaVProcedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Lathrop Police Department Policies on Use of Force and Firearms.

Training Required: Officers must complete a department certified less lethal course as well as regular training and qualifications as required by law and policy.

November 9, 2023- Updated Military Equipment List for LPD Policy No. 706— Pending City Council Public Hearing on December 11, 2023— Lathrop AB 481 Website pg. 5 261

LATHROP POLICE DEPARTMENT EQUIPMENT LIST

5. Equipment Name: A Suuer- Sock Bean Bag Ammunition— Mode12581 Quantity Sought: 250
Cost: $ 7. 50/ per 5 units
Lifespan: 15 years
Equipment Capabilities/Manufacturer Product Description: The Model 2581 Super- Sock is in its deployed state immediately upon exiting the barrel. It does not require a minimum range to " unfold" or" stabilize." The Super- Sock is an aerodynamic projectile and its accuracy is relative to the shotgun, barrel length, environmental conditions, and the operator. The Super- Sock is first in its class providing the point control accuracy and consistent energy to momentarily incapacitate.

Fiscal Impacts: The initial cost of equipment was approximately $ 375. 00. The ongoing costs for ammunition will vary and maintenance is conducted by departmental staff.

LegaVProcedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Lathrop Police Department Policies on Use of Force and Firearms.

Training Required: Officers must complete a department certified less lethal course as well as regular training and qualifications as required by law and policy.

November 9, 2023- Updated Military Equipment List for LPD Policy No. 706— Pending City Council Public Hearing on December 11, 2023— Lathrop AB 481 Website pg. 6 262

LATHROP POLICE DEPARTMENT EQUIPMENT LIST

6. Equipment Name: 5. 56 & 9mm Snecialtv Impact Munitions Quantity Sought: 3, 000
Lifespan: UTM 5. 56 mm Man Marker Rounds ( MMR) - 18 month limited warranty. Shelf life six( 6) years.

Force on Force 9mm Simunition Rounds— Shelf life five ( 5) years.

UTM M16/ M4 Rifle Bolt Carrier Assembly ( Blue Bolt) — 24 month limited warranty. No lifespan indicated by manufacturer. Lifespan varies on operational usage and wear.

Simunition Conversion Barrels and Slide Assemblies— 24 month limited warranty. No lifespan indicated by manufacturer. Lifespan varies on operational usage and wear.

Equipment Capabilities/ Manufacturer Product Description: A non- lethal training ammunition used by law enforcement agencies and militaries worldwide to deliver more realistic close-range firearms training. They consist of low energy, non-lethal cartridges, typically manufactured with a water-soluble color marking compound. These rounds allow for shooters to obtain a visual assessment of round placement in live person training environments.

When utilized with a training munition bolt carrier group in a 5. 56mm rifle platform, SIM' s have an effective range of approximately 27 yards. When utilized in a pistol caliber barrel training platform ( 9mm), SIMs have an effective range of 25 feet.

Fiscal Impacts: The initial cost of equipment was approximately$ 3, 000. 00. The ongoing costs for ammunition will vary and maintenance is conducted by departmental staff.

Legal/ Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police training. Various Lathrop Police Department Policies on Firearms.

Training Required: Officers use these munitions during training scenarios involving the use of SIM' s. Additionally, Officers use SIM' s during scenario based training on a regular basis.

November 9, 2023- Updated Military Equipment List for LPD Policy No. 706— Pending City Council Public Hearing on December 11, 2023— Lathrop AB 481 Website pg. 7 263

LATHROP POLICE DEPARTMENT EQUIPMENT LIST
FUTURE CONSIDERATIONS:

1. Equipment Name: Command and Control Vehicles used to facilitate the operational control and direction of public safetv units— CA Gov' t Code § 7071( c)( 4) Quantity Owned/ Sought: One
Lifespan: Unknown.

Purpose/ Capabilities/ Description: Command vehicles are built in various platforms to include '/2 ton pickup chassis, vans, trailers, and RV style configurations. Vehicles are built to better assist in command and control during law enforcement operations, natural disasters, and public safety issues. Vehicles are designed with additional communication abilities, computers, white boards, lightening, generators, and mission essential supplies.

Fiscal Impact: None. Equipment owned, maintained, and operated by another agency.

LegaVProcedural Rules Governing Use: Use shall be in accordance with California State and Federal law.

Training Required: None. LDV USA Custom Build $369, 045 using grant from Office of Homeland Security in 2006; annual maintenance $ 4, 000

2. Equipment Name: Lenco Bearcat G3 —4 Door Model with CBRNE capability Quantity Owned/ Sought: One
Lifespan: Dependent on operational usage.

Purpose/ Capabilities/ Description: Manufacturer Description: The BearCat G3 provides Lenco' s proven armor system in a ruggedized off-road platform. The G3 utilizes the same body design, interior features and tactical options as the G2, but it comes standard with a heavier duty upgraded suspension and off-road tires, rims& run flats to provide enhanced offroad performance. The increased ground clearance and robust suspension allows for emergency response in rural regions and natural disaster scenarios where standard armored SWAT vehicles would experience challenges.

Fiscal Impact: None. LENCO BEARCAT $ 281, 000; $ 100, 000 COPSgrant; annual maintenance $ 3, 500
LegaUProcedural Rules Governing Use: Use shall be in accordance with California State and Federal law.

Training Required: None, Equipment owned, maintained, and operated by another agency.

November 9, 2023- Updated Military Equipment List for LPD Policy No. 706— Pending City Council Public Hearing on December 11, 2023— Lathrop AB 481 Website pg, g 264

LATHROP POLICE DEPARTMENT EQUIPMENT LIST
SECTION TWO: Snecialized EQuipment Inventory known to be owned and/ or utilized bv law enforcement agencies with which the Lathron Police Denartment collaborates with and/ or mav require assistance from. in a mutual- aid situation for law enforcement services.

1. Epuipment Name: Defense Technologv 12- Gram Reload Distraction Device Quantity Owned/ Sought: None
Lifespan: Unknown
Purpose/ Capabilities/ Description: To produce atmospheric over-pressure and brilliant white light and, as a result, can cause short- term ( 6 - 8 seconds) physiological/ psychological sensory deprivation to give officers a tactical advantage. A non-bursting, non-fragmenting distraction device that produces a thunderous bag with an intense bright light. Ideal for distracting dangerous suspect during assaults, hostage rescue, room entry, or other high-risk arrest situations. The distraction device produces 175 dB of sound output at 5 feet and 6- 8 million candelas for 10 milliseconds.

Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.

Legal/Procedural Rules Governing Use: The equipment is utilized for official law enforcement purposes and pursuant to State and Federal law.

Training Required: None, Equipment owned, maintained, and operated by another agency.

2. Equipment Name: ICore Mini Robots
Quantity Owned/ Sought: None
Lifespan: Unknown
Purpose/ Capabilities/ Description: The iCore Mini is an unmanned machine, which operates on the ground utilized to enhance the safety to the community and officers. The iCore Mini can be hand carried or transported inside a rucksack, and can be remotely operated from many hundreds of ineters away, providing protection and safety to their operators. To be used to remotely gain visual/ audio data, deliver HNT phone, open doors, disrupt packages, and clear buildings.

Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.

LegaVProcedural Rules Governing Use: The equipment is utilized for official law enforcement purposes and pursuant to State and Federal law.

Training Required: None. Equipment owned, maintained, and operated by another agency.

November 9, 2023- Updated Military Equipment List for LPD Policy No. 706— Pending City Council Public Hearing on December 11, 2023— Lathrop AB 481 Website pg. 9 265

LATHROP POLICE DEPARTMENT EQUIPMENT LIST

3. Eguipment Name: Non- handheld batterin rams, slugs and breachin equipment apparatuses that are explosive in nature- CA Gov' t Code& 7071( c)( 7) Quantity Owned/ Sought: None
Lifespan: Unknown
Purpose/ Capabilities/ Description: Explosive breaching tools are used to breach fortified structures to establish a point of entry. Explosive charges are fashioned to produce little to no fragmentation at the time of detonation. Explosive breaching effectively reduces the time spent overcoming a fortified door or structure. The reduction in time mitigating a hardened structure increasing officer safety and the element of surprise. Blast injuries are reduced by using low yield explosives that mechanically overcome doorframes and locking mechanisms. Explosive breaching mandates extensive schooling and certification processes.

Avon frangible shotgun ammunition, Detonating Cords, and Blasting Caps are used to breach doors and points of entry on fortified doors or structures. The equipment is used to safely gain entry into a structure.

Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.

LegaUProcedural Rules Governing Use: The equipment is utilized for official law enforcement purposes and pursuant to State and Federal law.

Training Required: None. Equipment owned, maintained, and operated by another agency.

November 9, 2023- Updated Military Equipment List for LPD Policy No. 706— Pending City Council Public Hearing on December 11, 2023— Lathrop AB 481 Website pg. 10 266

LATHROP POLICE DEPARTMENT EQUIPMENT LIST

4. Equipment Name: Command and Control Vehicles used to facilitate the onerational control and direction of public safetv units— CA Gov' t Code& 7071( c)( 4) Quantity Owned/ Sought: None
Lifespan: Unknown.

Purpose/ Capabilities/ Description: Command vehicles are built in various platforms to include 2 ton pickup chassis, vans, trailers, and RV style configurations. Vehicles are built to better assist in command and control during law enforcement operations, natural disasters, and public safety issues. Vehicles are designed with additional communication abilities, computers, white boards, lightening, generators, and mission essential supplies.

Fiscal Impact: None. Equipment owned, maintained, and operated by another agency.

LegaVProcedural Rules Governing Use: Use shall be in accordance with California State and Federal law.

Training Required: None, Equipment owned, maintained, and operated by another agency.

5. Equipment Name: Unmanned Aircraft Svstem ( UAS)
Quantity Owned/ Sought: None.

Lifespan: Unknown
Purpose/Capabilities/ Description:
o Major collision investigation, search for missing persons, natural disasters o Vehicles are capable of being remotely navigated to provide scene information and intelligence in the form of video and still images transmitted to first responders.
o Gain visual/ audio data and remotely clear buildings and structure o Unmanned robotics have numerous applications and are used instead ofpersonnel in high- risk environments to increase safety for law enforcement Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.

LegaVProcedural Rules Governing Use: Use shall be in accordance with California State and Federal law regarding the operation of UAS vehicles, and in a manner, that respects the privacy of our community.

Training Required: None. Equipment owned and, operated by another agency.

November 9, 2023- Updated Military Equipment List for LPD Policy No. 706— Pending City Council Public Hearing on December 11, 2023— Lathrop AB 481 Website pg. 11 267

LATHROP POLICE DEPARTMENT EQUIPMENT LIST

6._Equipment Name: The Armored Groun, Ballistic Armored Tactical Transport( BATT) Quantity Owned/ Soug6t: None.

Cost: None.

Lifespan: Approximately 25 years.

Purpose/ Capabilities/ Description:

To be used in response to critical incidents to enhance officer and community safety, improve scene containment and stabilization, and assist in resolving critical incidents. The BATT, is an armored vehicle that seats 10- 12 personnel with an open floor plan that allows for rescue of down personnel. It can stop various projectiles, which provides greater safety to citizens and officers beyond the protection level of shield and personal body armor.

Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.

LegaVProcedural Rules Governing Use: Use shall be in accordance with California State and Federal.

Training Required: None. Equipment owned and, operated by another agency.

7. Equiqment Name: Remington 870 Less Lethal Launcher/ Dra Stabilized 12- Gau e Bean Bag Round
Quantity Owned/ Sought: None.

Cost: None.

Lifespan: Approximately 25 years.

Purpose/ Capabilities/ Description:

Less Lethal Shotgun is used to deploy the less lethal 12- gauge Drag Stabilized Beanbag Round up to a distance of 75 feet. The range ofthe weapon system helps to maintain space between officers and a suspect reducing the immediacy of the threat which is a principle of De- escalation.

The12- Gauge Drag Stabilized round is comprised of a translucent 12- Gauge shell loaded with a 40 gram, tear shaped bag made from a cotton and ballistic material blend and filled with #9 shot.

This design utilizes four ( 4) stabilizing tails. The 12- Gauge drag stabilized round utilizes smokeless powder as the propellant. Drag Stabilized rounds are discharged from a dedicated 12- gauge shotgun that is distinguishable by an orange butt stock and fore grip. This round provides accurate and effective performance when fired from the approved distance of not fewer than 20 feet. The maximum effective range of this munition is up to 75 feet from the target. This less lethal weapon is used to limit the escalation of conflict where employment of lethal force is prohibited or undesirable.

November 9, 2023- Updated Military Equipment List for LPD Policy No. 706— Pending City Council Public Hearing on December 11, 2023— Lathrop AB 481 Website pg. 12 268

LATHROP POLICE DEPARTMENT EQUIPMENT LIST
Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.

LegaUProcedural Rules Governing Use: Use shall be in accordance with California State and Federal.

Training Required: None. Equipment owned and, operated by another agency.

8. Equipment Name: Remin ton 700 . 308 Caliber Rifle, PWS MKlll Mod 1- M Rifle, 223 Caliber Rifle, Hornadv Tap Urban, . 223 Caliber, 60 Grain Rifle Round, Hornadv Match Tap Precision . 308 Caliber, 155 Gr. ELD Rifle Round. Hornadv Tap Urban . 308 Caliber, 110 Gr. Rifle Round. Hornadv Tap Heaw Barrier . 308 165 Gr. Barrier Rifle Round.

Quantity Owned/ Sought: None.

Cost: None.

Lifespan: Unknown.

Purpose/ Capabilities/ Description: To be used as precision weapons to address a threat with more precision and/ or greater distances than a handgun, if present and feasible.

Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.

LegaVProcedural Rules Governing Use: Use shall be in accordance with California State and Federal.

Training Required: None. Equipment owned and, operated by another agency. 9 Equipment Name: Defense Technolo v, Riot Control Continuous Dischar e Grenade, CS # 1082
Quantity Owned/ Sought: None.

Cost: None.

Lifespan: Unknown.

Purpose/ Capabilities/ Description:

To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.

November 9, 2023- Updated Military Equipment List for LPD Policy No. 706— Pending City Council Public Hearing on December 11, 2023— Lathrop AB 481 Websife pg. 13 269

LATHROP POLICE DEPARTMENT EQUIPMENT LIST
Situations for use of the less lethal weapon systems may include, but are not limited to:
i. Self- destructive, dangerous and/ or combative individuals. ii. Riot/ crowd control and civil unrest incidents.
iii. Circumstances where a tactical advantage can be obtained. iv. Potentially vicious animals.
v. Training exercises or approved demonstrations.

Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.

LegaVProcedural Rules Governing Use: Use shall be in accordance with California State and Federal.

Training Required: None. Equipment owned and, operated by another agency.

10. Equipment Name: Defense Technolo v, Flameless Tri- Chamber CS Grenade.# 1032 Quantity Owned/ Sought: None.

Cost: None.

Lifespan: Unknown.

Purpose/ Capabilities/ Description:

To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.

Situations for use of the less lethal weapon systems may include, but are not limited to:
i. Self- destructive, dangerous and/ or combative individuals. ii. Riot/ crowd control and civil unrest incidents.
iii. Circumstances where a tactical advantage can be obtained. iv. Potentially vicious animals.
v. Training exercises or approved demonstrations.

Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.

LegaUProcedural Rules Governing Use: Use shall be in accordance with California State and Federal.

Training Required: None. Equipment owned and, operated by another agency.

November 9, 2023- Updated Military Equipment List for LPD Policy No. 706— Pending City Council Public Hearing on December 11, 2023— Lathrop AB 481 Website pg. 14 270
x

LATHROP POLICE DEPARTMENT EQUIPMENT LIST

11. Equipment Name: PepperBall Full Tactical Carbine( FTC) Quantity Owned/ Sought: None.

Cost: None.

Lifespan: Unknown.

Pu rpose/ Capabilities/ Description:

To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.

Situations for use of the less lethal weapon systems may include but, are not limited to:
i. Self-destructive, dangerous and/or combative individuals. ii. Riot/ crowd control and civil unrest incidents.
iii. Circumstances where a tactical advantage can be obtained. iv. Potentially vicious animals.
v. Training exercises or approved demonstrations.

Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.

LegaVProcedural Rules Governing Use: Use shall be in accordance with California State and Federal.

Training Required: None. Equipment owned and, operated by another agency.

MAINTENANCE OF MILITARY USE SUPPLY LEVELS:

When stocks of military equipment have reached significantly low levels or have been exhausted, the Department may order up to 10% of stock in a calendar year without City Council approval to maintain essential availability for the Department' s needs.

November 9, 2023- Updated Military Equipment List for LPD Policy No. 706— Pending City Council Public Hearing on December 11, 2023— Lathrop AB 481 Website pg. 15 271
ATTACHMENT " . "
F [ 3

CITY O F LAT H RO P
N" PO LIC E DE PARTM E NT

ANNUAL MILITARY EQUIPMENT
REPORT FOR YEAR 2023
t
y a
a k & ''` , 5;`• sx, r
P;
r
r,.
w,, F:: '^. :
f
k
iys` :
h,« r.,..
w,,,• .
t,' v. .
s
s
y,+
l
r'`
y
N'-' . dP`:'
i,;,,. , V'i'
r I . `.'.,.,
II' 1.

Sli:t r.

T .. " ..
y i w; .

4. K ' ..
rta a '...
aM; , .. r
M,+ w y s. ... . .
w.

Yx
Lathrop Police Department
940 River Islands Parkway
Lathrop, CA 95330
209) 647- 6400 - AB 481 Compliance Webpage
272

CITY OF LATHROP

POLICE DEPARTMENT

PREFACE
The Lathrop Police Department presents its first Annual Military Equipment Report for Calendar Year 2023. This reports covers activity from May 2022 to November 2023.

The Lathrop Police Department is committed to maintaining public safety by providing the highest quality police services to the communities we serve. We have an obligation to our residents, businesses, and neighboring communities to serve, protect, and provide an enforcement posture that does not allow for crime and violence to thrive. We are thankful for the resources and equipment available to our Department, and for the support of our community. Nonetheless, having approval to fund, aquire, and use the necessary equipment and adequate resources available makes our department more capable to confront adverse situations that may lead to potential threats to our community. Having the essential equipment along with our relentless fortitude, the brave men and women of the Lathrop Police Department continue to stand ready to fulfill our duty to serve and protect.

Respectfully,
Stephen Sealy, Interim Chief of Police

HISTORICAL BACKGROUND
On September 30, 2021, Governor Newsom signed seven major peace officer reform bills into law, including Assembly Bill 481 ( AB 481). AB 481 authored by Assembly Member David Chieu ( D- San Francisco) addressed requirements for the funding, acquisition, and use of items considered to be " military equipment." Effective January 1, 2022, AB 481 required law enforcement agencies to obtain approval of their perspectives governing bodies ( Lathrop City Council), by adoption of a military equipment use policy prior to taking certain actions relating to the funding, acquisition, or use of military equipment. The full text of AB 481 is available here:
https:// leginfo. leqislature. ca. gov/ faces/ billTextClient. xhtml? bill id= 202120220AB481 During the passage of this new law, the City of Lathrop was working on transitioning to its own Police Department, with a commission start date of) uly 1, 2022. To comply with new state requirements for all California law enforcement agencies, the new Lathrop Police Department diligently prepared a policy for the funding, acquisition, and use of designated " military equipment," along with a list of equipment to be used by the new Lathrop Police Department in accordance with AB 481. The Lathrop City Council adopted Ordinance Nos. 22- 433, 22- 436, and 22- 441, related to this matter. p9. 2
273

C ITY O F LAT H RO P
r

P POLICE DEPARTMENT
REQUIREMENTS OF AB 481 - FUNDING, ACQUISITION, AND USE OF

MILITARY EQUIPMENT
Assembly Bill ( AB) 481 requires each law enforcement agency' s governing body to adopt a written military use policy by ordinance in addition to other requirements by the bill. The following are required:

Publish the draft military equipment use policy to the Police Department' s website 30 days ahead of a public hearing to approve the policy.

Obtain approval by the applicable governing body ( Lathrop City Council), by adoption of a military equipment use policy prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined.

See definitions below)
Publish an annual report by the law enforcement agency to include each type of military equipment approved by the governing body.

Annual review of the military equipment use ordinance by the governing body, and option to either disapprove a renewal of a type of military equipment or amend the military equipment use policy if it determines that the military equipment does not comply with standards for approval.

Hold at least one well publicized and conveniently located community engagement meeting within 30 days of submitting and publicly releasing the annual military equipment report.

DEFINITION OF MILITARY EQUIPMENT ( GOVERNMENT CODE 7070 AB 481 designates the following 15 categories of items as military equipment:

1. Unmanned, remotely piloted, powered aerial or ground vehicles

2. Mine- resistant ambush- protected vehicles ( MRAP) or armored personnel carriers.

3. High mobility multipurpose wheeled vehicles ( HMMWV), commonly referred to as Humvees, two and one- half- ton trucks, five- ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached.

4. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.

5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.

6. Weaponized aircraft, vessels, or vehicles of any kind.

7. Battering rams, slugs, and breaching apparatuses that are explosive in nature.

8. Firearms of . 50 caliber or greater, excluding standard issue shotguns. pg. 3
274

CITY OF LATHROP

POLICE DEPARTMENT

9. Ammunition of . 50 caliber or greater, excluding standard issue shotgun ammunition

10. Specialized firearms and ammunition of less than . 50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard- issue handguns/ weapons and ammunition of less than . 50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency.

11. Any firearm or firearm accessory that is designed to launch explosive projectiles

12. Flashbang" grenades and explosive breaching tools, tear gas," and pepper balls," excluding standard, service- issued handheld pepper spray

13. Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device ( LRAD).

14. Projectile launch platforms and their associated munitions including 40mm projectile launchers, " bean bag," rubber bullet, and specialty impact munition SIM) weapons.

15. Any other equipment as determined by a governing body or a state agency to require additional oversight

16. Notwithstanding paragraphs ( 1) through ( 15), ' military equipment" does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.

MILITARY EQUIPMENT USE POLICY
Military equipment use policy" means a publicly released, written document governing the use of military equipment by a law enforcement agency or a state agency that addresses, at a minimum, all of the following:
1) A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment.
2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment. 3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment. pg. 4
275

CITY OF LATHROP

POLICE DEPARTMENT
4) The legal and procedural rules that govern each authorized use. 5) The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public' s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy.
6) The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.
7) For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.

CITY OF LATHROP POLICE DEPARTMENT APPROVED MILITARY EQUIPMENT

USE POLICIES
AB 481 Adopted Policy No. 606 ( Drones
AB 481 Equipment List for Policy No. 606 ( Drones
AB 481 Adopted Policy No. 706
AB 481 Equipment List for Policy No. 706
Remainder of page left b/ank intentionally)
pg. 5
276

CITY OF LATH ROP
P

POLICE DEPARTMENT

LATHROP POLICE DEPARTMENT MILITARY EQUIPMENT OWNED - SUMMARY Equipment Name: RIFLES & AMMUNITION - 5. 56 mm Semiautomatic Rifles and ammo - CA Gov' t Code § 7070( c)( 10)
Description: Colt M4 MLOK 5. 56 CR6920- EPR RIFLE REPL CR6933- EPR W/ 16" Barrel:

Action: Gas Operated Semi- Auto
Caliber: 223 Remington/ 5. 56 NATO
Barrel Length: 16. 1"
Capacity: 30+ 1
Trigger: Standard
Safety: Reversible Safety Selector
OAL: 35. 5"
Weight: 6. 951bs
Stock: Black 4- Position Collapsible
Metal Finish: Black
Muzzle: A2 Flash Hider
Receiver Material: 7075- T6 Aluminum
Sights: A2 Front, Magpul Rear
Barrel Description: Chrome- Lined
Twist: 1: 7"
Purpose: Duty \ Range
Summary of how The purpose of equipment is to address a threat with more precision equipment was used and/ or greater distances than a handgun, if present and feasible, and purpose: this is the manner in which it was deployed, including training. co Neither Lathrop City Police Department or Mutual Aid SWAT used this equipment in the City of Lathrop during the reporting period.

Where was During training only at approved training facility. equipment used:

Possessed by: Lathrop Police Department Sworn Officers; Mutual Aid SWAT Summary of None.
complaints:

Results of internal Our policy is to assess and monitor after any deployment or use of audits or violations of equipment to ensure the equipment is being utilized in a manner, which Military Equipment is consistent with Department Policy. There were no violations found Use Policy: for this reporting period.

Acquisition Costs: Initial cost $ 43, 124. 81
pg. 6
277

CITY OF LATHROP

POLICE DEPARTMENT
Annual or None at this time; maintenance will be conducted by police department Maintenance Costs: staff.

Funding Source: General Fund
Quantity Owned: 35 owned ( 16")
Intent to Acquire Yes, as Lathrop Police sworn staffing expands.

Future Military
Equipment of this
Category in the
Current or Next
Fiscal Year:

Approved by Lathrop Ordinance 22- 436; Policy No. 706
Ordinance
Equipment Name: 40mm LAUNCHERS AND ROUNDS
Description: Manufactured exclusively for Defense Technology, the 40LMT is a tactical single shot launcher with light rail. The ambidextrous Lateral Sling Mount ( LSM) and QD mounting systems allow both a single and two- point sling attachment. The 40LMTS will fire standard 40mm less lethal ammunition, up to 4. 8 inches in cartridge length. The Picatinny Rail Mounting System will accept a wide array of enhanced optics/ sighting systems.

The purpose of the equipment is to limit the escalation of conflict where employment of lethal force is prohibited or undesirable such as selfdestructive, dangerous, and/ or combative individuals; barricaded suspects; riot/ crowd control and civil unrest incidents; and training exercises. This equipment was not used last year.

Summary of how Lathrop Police Department deployed this equipment one ( 1) time in the equipment was used City of Lathrop during this reporting period. purpose:

P9. 7
278
s

CITY OF LATH RO P

P' POLICE DEPARTMENT
Where was During training only at approved training facility. equipment used:

Possessed by: Lathrop Police Department Sworn Officers
Summary of None
complaints:

Results of internal Our policy is to assess and monitor after any deployment or use of audits or violations equipment to ensure the equipment is being utilized in a manner, which of Military is consistent with Department Policy. There were no violations found Equipment Use for this reporting period.

Policy:

Acquisition Costs: Initial quote cost $ 6, 979. 20 ( with taxes $ 7, 963. 54); final cost 11, 908. 22
Annual or None at this time; maintenance will be conducted by police department Maintenance Costs: staff.

Funding Source: General Fund
Quantity Owned: 8
Intent to Acquire Yes, as Lathrop Police sworn staffing expands.

Future Military
Equipment of this
Category in the
Current or Next
Fiscal Year:

Approved by Lathrop Ordinance 22- 436; Policy No. 706
Ordinance
Equipment Name: UNMANNED AIRCRAFT SYSTEM ( UAS) ( DRONES) Description: Major collision investigation, search for missing persons, natural disasters. Vehicles are capable of being remotely navigated to provide scene information and intelligence in the form of video and still images P9. 8
279
I '

CITY OF LATHROP

POLICE DEPARTMENT
transmitted to first responders. Gain visual/ audio data and remotely clear buildings and structure. Unmanned robotics have numerous applications and are used instead of personnel in high- risk environments to increase safety for law enforcement.

Summary of how Lathrop Police Department deployed this equipment four ( 4) times in equipment was used the City of Lathrop during this reporting period. purpose:

Where was During training only at approved training facility. equipment used:

Possessed by: Lathrop Police Department Sworn Officers & Mutual Aid SWAT Summary of None
complaints:

Results of internal Our policy is to assess and monitor after any deployment or use of audits or violations equipment to ensure the equipment is being utilized in a manner, which of Military is consistent with Department Policy. There were no violations found Equipment Use for this reporting period.

Policy:

Acquisition Costs: Initial quote cost $ 38, 485. 08; after taxes $ 41, 852. 52 each Annual or None at this time; maintenance will be conducted by police department Maintenance Costs: staff.

Funding Source: General Fund
Quantity Owned: 4
Intent to Acquire Yes, as Lathrop Police sworn staffing expands.

Future Military
Equipment of this
Category in the
Current or Next
Fiscal Year:

Approved by Lathrop Ordinance 22- 441; Policy No. 606
Ordinance
P9. 9
280

CITY OF LATHROP

POLICE DEPARTMENT

MILITARY EOUIPMENT USED UNDER MUTUAL AID AGREEMENT - SUMMARY Equipment Name: DISTRACTION DEVICES - Defense Technology 12- Gram Reload Distraction Device
Description: Distraction devices are deployed to distract dangerous suspects to allow tactical teams to complete a dangerous mission or task. Distraction devices are only used during high- risk situations where their use would enhance officer safety; and during training exercises.

Summary of how Mutual Aid SWAT did not deploy this equipment in the City of Lathrop equipment was used during this reporting period.
purpose:

Where was N/ A
equipment used:

Possessed by: Mutual Aid SWAT Sworn Officers
Summary of None
complaints:

Results of internal Our policy is to assess and monitor after any deployment or use of audits or violations equipment to ensure the equipment is being utilized in a manner, which of Military Equip. is consistent with Department Policy. There were no violations found Use Policy: for this reporting period.

Acquisition Costs: N/ A
Annual or N/ A; Maintained and operated by another agency Maintenance Costs:

Funding Source: N/ A
Quantity Owned: N/ A
Intent to Acquire N/ A
Future Military
Equipment of this
Category:

Approved by Lathrop Ordinance 22- 436; Policy No. 706
Ordinance:
pg. 10
281

C ITY O F LAT H RO P

POLICE DEPARTMENT
Equipment Name: ROBOTS - ICore Mini Robots
Description: Robots are utilized to remotely gain visual/ audio intelligence, deliver equipment, open doors, and clear buildings ahead of a search team, for official law enforcement purposes, including search and rescue; suspect apprehension; tactical operations; scene security; hazard monitoring, identification and mitigation; response to emergency calls; crisis communications; and legally authorized surveillance.

Summary of how Mutual Aid SWAT did not deploy this equipment in the City of Lathrop equipment was used during this reporting period.
purpose:

Where was N/ A
equipment used:

Possessed by: Mutual Aid SWAT Sworn Officers
Summary of None
complaints:

Results of internal Our policy is to assess and monitor after any deployment or use of audits or violations equipment to ensure the equipment is being utilized in a manner, which of Military Equip. is consistent with Department Policy. There were no violations found Use Policy: for this reporting period.

Acquisition Costs: N/ A
Annual or N/ A; Maintained and operated by another agency Maintenance Costs:

Funding Source: N/ A
Quantity Owned: N/ A
Intent to Acquire N/ A
Future Military
Equipment of this
Category:

Approved by Lathrop Ordinance 22- 436; Policy No. 706
Ordinance:
pg. il
282

C ITY O F LATH RO P

POLICE DEPARTMENT
Equipment Name: EXPLOSIVE BREACHING TOOLS - Non- handheld battering rams, slugs and breaching equipment apparatuses that are explosive in nature
Description: Purpose of the equipment is to safely create a positive breach and enter structures for official law enforcement purposes and in accordance with State and Federal Law; and during training exercises.

Summary of how Mutual Aid SWAT did not deploy this equipment in the City of Lathrop equipment was used during this reporting period.
purpose:

Where was N/ A
equipment used:

Possessed by: Mutual Aid SWAT Sworn Officers
Summary of None
complaints:

Results of internal Our policy is to assess and monitor after any deployment or use of audits or violations equipment to ensure the equipment is being utilized in a manner, which of Military Equip. is consistent with Department Policy. There were no violations found Use Policy: for this reporting period.

Acquisition Costs: N/ A
Annual or N/ A; Maintained and operated by another agency Maintenance Costs:

Funding Source: N/ A
Quantity Owned: N/ A
Intent to Acquire N/ A
Future Military
Equipment of this
Category:

Approved by Lathrop Ordinance 22- 436; Policy No. 706
Ordinance:

P9. 12
283

CITY OF LATHROP

POLICE DEPARTMENT
Equipment Name: COMMAND AND CONTROL VEHICLES used to facilitate the operational control and direction of public safety units Description: The equipment is utilized as a mobile command post during any incidents that required command and control beyond a static dispatch center and included official law enforcement purposes, pre- planned evens and training exercises
Summary of how Mutual Aid SWAT and City of Lathrop deployed this vehicle a total of equipment was used two ( 2) times during this reporting period during two different tactical purpose: operations in the City of Lathrop. Vehicle was used during Lathrop Police participation at Touch- a- Truck" community event.

Where was N/ A
equipment used:

Possessed by: Mutual Aid SWAT Sworn Officers
Summary of None
complaints:

Results of internal Our policy is to assess and monitor after any deployment or use of audits or violations equipment to ensure the equipment is being utilized in a manner, which of Military Equip. is consistent with Department Policy. There were no violations found Use Policy: for this reporting period.

Acquisition Costs: N/ A
Annual or N/ A; Maintained and operated by another agency Maintenance Costs:

Funding Source: N/ A
Quantity Owned: N/ A
Intent to Acquire N/ A
Future Military
Equipment of this
Category:

Approved by Lathrop Ordinance 22- 436; Policy No. 706
Ordinance
pg. 13
284

C ITY O F LATH RO P

POLICE DEPARTMENT
Equipment Name: ARMORED VEHICLES - The Armored Group, Ballistic Armored Tactical Transport ( BATT)
Description: The purpose of the armored vehicle is to provide for the safe transport, security, and rescue of agency personnel and citizens in high- risk incidents, and the equipment was used in this manner, for law enforcement purposes.

Summary of how Mutual Aid SWAT and City of Lathrop deployed this vehicle a total of equipment was used two ( 2) times during this reporting period during two different tactical purpose: operations in the City of Lathrop. Vehicle was used during Lathrop Police participation at " Touch- a- Truck" community event.

Where was N/ A
equipment used:

Possessed by: Mutual Aid SWAT Sworn Officers
Summary of None
complaints:

Results of internal Our policy is to assess and monitor after any deployment or use of audits or violations equipment to ensure the equipment is being utilized in a manner, which of Military Equip. is consistent with Department Policy. There were no violations found Use Policy: for this reporting period.

Acquisition Costs: N/ A
Annual or N/ A; Maintained and operated by another agency Maintenance Costs:

Funding Source: N/ A
Quantity Owned: N/ A
Intent to Acquire N/ A
Future Military
Equipment of this
Category:

Approved by Lathrop Ordinance 22- 436; Policy No. 706
Ordinance
pg. 14
285

CITY OF LATHROP
P

POLICE DEPARTMENT
Equipment Name: EXPLOSIVE BREACHING TOOLS - Remington 870 Less Lethal Launcher/ Drag Stabilized 12- Gauge Bean Bag Round
Description: The purpose of the equipment is to safely create a positive breach and enter structures for official law enforcement purposes and in accordance with State and Federal Law; and during training exercises.

Summary of how Mutual Aid SWAT did not deploy this equipment in the City of Lathrop equipment was used during this reporting period.
purpose:

Where was N/ A
equipment used:

Possessed by: Mutual Aid SWAT Sworn Officers
Summary of None
complaints:

Results of internal Our policy is to assess and monitor after any deployment or use of audits or violations equipment to ensure the equipment is being utilized in a manner, which of Military Equip. is consistent with Department Policy. There were no violations found Use Policy: for this reporting period.

Acquisition Costs: N/ A
Annual or N/ A; Maintained and operated by another agency Maintenance CoSts:

Funding Source: N/ A
Quantity Owned: N/ A
Intent to Acquire N/ A
Future Military
Equipment of this
Category:

Approved by Lathrop Ordinance 22- 436; Policy No. 706
Ordinance
pg. 15
286
A
I f

CITY OF LATHROP

POLICE DEPARTMENT
Equipment Name: RIFLES & AMMUNITION - Remington 700 .308 Caliber Rifle, PWS MK111 Mod 1- M Rifle, . 223 Caliber Rifle, Hornady Tap Urban, 223 Caliber, 60 Grain Rifle Round, Hornady Match Tap Precision 308 Caliber, 155 Gr. ELD Rifle Round, Hornady Tap Urban . 308 Caliber, 110 Gr. Rifle Round, Hornady Tap Heavy Barrier . 308 165 Gr. Barrier Rifle Round.

Description: The purpose of equipment is to address a threat with more precision and/ or greater distances than a handgun, if present and feasible, and this is the manner in which it was deployed, including training.

Summary of how Mutual Aid SWAT did not deploy this equipment in the City of Lathrop equipment was used during this reporting period.
purpose:

Where was N/ A
equipment used:

Possessed by: Mutual Aid SWAT Sworn Officers
Summary of None
complaints:

Results of internal Our policy is to assess and monitor after any deployment or use of audits or violations equipment to ensure the equipment is being utilized in a manner, which of Military Equip. is consistent with Department Policy. There were no violations found Use Policy: for this reporting period.

Acquisition Costs: N/ A
Annual or N/ A; Maintained and operated by another agency Maintenance Costs:

Funding Source: N/ A
Quantity Owned: N/ A
Intent to Acquire N/ A
Future Military
Equipment of this
Category:
pg. 16
287

CITY OF LATHROP
J

POLICE DEPARTMENT
Approved by Lathrop Ordinance 22- 436; Policy No. 706
Ordinance
Equipment Name: DISTRACTION DEVICES - Defense Technology, Riot Control Continuous Discharge Grenade, CS # 1082
Description: The purpose of equipment is to limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include but, are not limited to:
i. Self- destructive, dangerous and/ or combative
individuals.
ii. Riot/ crowd control and civil unrest incidents.
iii. Circumstances where a tactical advantage can be
obtained.
iv. Potentially vicious animals.
v. Training exercises or approved demonstrations.

Summary of how Mutual Aid SWAT did not deploy this equipment in the City of Lathrop equipment was used during this reporting period.
purpose:

Where was N/ A
equipment used:

Possessed by: Mutual Aid SWAT Sworn Officers
Summary of None
complaints:

Results of internal Our policy is to assess and monitor after any deployment or use of audits or violations equipment to ensure the equipment is being utilized in a manner, which of Military Equip. is consistent with Department Policy. There were no violations found Use Policy: for this reporting period.

Acquisition Costs: N/ A
Annual or N/ A; Maintained and operated by another agency Maintenance Costs:

Funding Source: N/ A
P9. 17
288

CITY OF LATHROP

POLICE DEPARTMENT
Quantity Owned: N/ A
Intent to Acquire N/ A
Future Military
Equipment of this
Category:

Approved by Lathrop Ordinance 22- 436; Policy No. 706
Ordinance
Equipment Name: DISTRACTION DEVICES - Defense Technology, Flameless TriChamber CS Grenade, # 1032 Description: The purpose of equipment is to limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include but, are not limited to:
vi. Self- destructive, dangerous and/ or combative
individuals.
vii. Riot/ crowd control and civil unrest incidents.
viii. Circumstances where a tactical advantage can be
obtained.
ix. Potentially vicious animals.
x. Training exercises or approved demonstrations.

Summary of how Mutual Aid SWAT did not deploy this equipment in the City of Lathrop equipment was used during this reporting period.
purpose:

Where was N/ A
equipment used:

Possessed by: Mutual Aid SWAT Sworn Officers
Summary of None
complaints:

Results of internal Our policy is to assess and monitor after any deployment or use of audits or violations equipment to ensure the equipment is being utilized in a manner, which of Military Equip. is consistent with Department Policy. There were no violations found Use Policy: for this reporting period.

P9. 18
289

CITY OF LATHROP

POLICE DEPARTMENT
Acquisition Costs: N/ A
Annual or N/ A; Maintained and operated by another agency Maintenance Costs:

Funding Source: N/ A
Quantity Owned: N/ A
Intent to Acquire N/ A
Future Military
Equipment of this
Category:

Approved by Lathrop Ordinance 22- 436; Policy No. 706
Ordinance
Equipment Name: AMMUNITION - PepperBall Full Tactical Carbine ( FTC) Description: The purpose of equipment is to limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include but, are not limited to:
xi. Self- destructive, dangerous and/ or combative
individuals.
xii. Riot/ crowd control and civil unrest incidents.
xiii. Circumstances where a tactical advantage can be
obtained.
xiv. Potentially vicious animals.
xv. Training exercises or approved demonstrations.

Summary of how Mutual Aid SWAT deployed this equipment one ( 1) time in the City of equipment was used Lathrop during this reporting period. purpose:

Where was N/ A _
equipment used:

Possessed by: Mutual Aid SWAT Sworn Officers
Summary of None
complaints:
p9. 19
290

CITY OF LATHROP

POLICE DEPARTMENT
Results of internal Our policy is to assess and monitor after any deployment or use of audits or violations equipment to ensure the equipment is being utilized in a manner, which of Military Equip. is consistent with Department Policy. There were no violations found Use Policy: for this reporting period.

Acquisition Costs: N/ A
Annual or N/ A; Maintained and operated by another agency Maintenance Costs:

Funding Source: N/ A _
Quantity Owned: N/ A
Intent to Acquire N/ A
Future Military
Equipment of this
Category:

Approved by Lathrop Ordinance 22- 436; Policy No. 706
Ordinance
END OF REPORT.

P9. 20
291
292
ITEM 5. 2

CITY MANAGER' S REPORT
DECEMBER li, 2023 CITY COUNCIL REGULAR MEETING
ITEM: PUBLIC HEARING ( PUBLISHED NOTICE) TO
CONSIDER AN ORDINANCE AMENDING TITLE 10,
CHAPTER 10. 24, SECTION 10. 24.030 DESIGNATED

NO PARKING AREAS OF THE LATHROP MUNICIPAL
CODE
RECOMMENDATION: City Council to Consider the Following:

1. Hold a Public Hearing; and

2. Introduction and First Reading of an Ordinance
of the City Council of the City of Lathrop to
Amend Title 10, Chapter 10. 24, Section

10. 24.030 Designated No Parking Areas of the
Lathrop Municipal Code
SUMMARY:

Staff has identified necessary modifications and additions to Lathrop Municipal Code Section ( LMC) 10. 24. 030 titled " Designated No Parking Areas" to accommodate new development and roadway changes by recent projects and increase traffic safety near schools.

Staff is requesting that City Council hold a public hearing, consider any and all public testimony and information provided in this report and attachments, and if determined to be appropriate, adopt an Ordinance ( Attachment A) amending LMC Section

10. 24. 030 to add and modify the street sections list as " No Parking Areas" as detailed in Exhibit A to Attachment A.

BACKGROUND:

Pursuant California Vehicle Code (" CVC") Section 22507, the City is required to establish no parking areas within City limits by Ordinance. Section 10. 24. 030 of the LMC allows the Lathrop Police Department to enforce the no parking areas.

Staff has identified necessary modifications and additions to LMC Section 10. 24. 030 to accommodate new development and roadway changes by recent projects and increase traffic safety near schools. Staff is requesting that City Council consider the approval of the proposed Ordinance amending LMC Section 10. 24. 030 to add and modify street sections as described in Exhibit A to Attachment A.

A Notice of Public Hearing was advertised in the Manteca Bulletin newspaper on November 29t" and December 5t", 2023.
293
CITY MANAGER' S REPORT PAGE 2
DECEMBER 11, 2023 CITY COUNCIL REGULAR MEETING

PUBLIC HEARING ( PUBLISHED NOTICE) TO CONSIDER AN ORDINANCE AMENDING TITLE 10, CHAPTER 10. 24, SECTION 10. 24. 030 DESIGNATED NO

PARKING AREAS OF THE LATHROP MUNICIPAL CODE
REASON FOR RECOMMENDATION:

The proposed Ordinance would add and modify the no parking areas. This action is consistent with the intended and planned use of the roadways, shoulders, and street frontages. Staff recommends that Council approve the modifications and additions to the existing parking restrictions in the Lathrop Municipal Code as described in Exhibit A to Attachment A.

FISCAL IMPACT:

There is sufficient funding in Street Fund 2080 to cover the various costs associated with the additions and modifications to the no parking areas, including installation of signs and painting curbs red.

ATTACH M ENTS:

A. An Ordinance of the City Council of the City of Lathrop to Amend Title 10, Chapter 10. 24, Section 10. 24. 030 Designated No Parking Areas of the Lathrop Municipal Code
o Exhibit A. - No Parking Areas - Chapter 10. 24 Mark- up 294
CITY MANAGER' S REPORT PAGE 3
DECEMBER 11, 2023 CITY COUNCIL REGULAR MEETING

PUBLIC HEARING ( PUBLISHED NOTICE) TO CONSIDER AN ORDINANCE AMENDING TITLE 10, CHAPTER 10. 24, SECTION 10. 24. 030 DESIGNATED NO

PARKING AREAS OF THE LATHROP MUNICIPAL CODE
APPROVALS:
5 2 — s.os 3
Angel Abarca Date
Assistant Engineer
I I f2 7,0Z3
Brad T lor Date
City Engineer
i/3%
Cari James ; Date
Finance Dir ctor
11 • Z • ZoZ3
Michael King Date
Assistant City Manager
f 2.._y ' t,P L'3
Salvador Navarrete Date
City Attorney
r• s• z3
Stephen J. Salvatore Date
City Manager
295
ORDINANCE NO. 23-

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LATHROP TO AMEND TITLE 10, CHAPTER 10. 24, SECTION 10. 24. 030 DESIGNATED NO PARKING

AREAS OF THE LATHROP MUNICIPAL CODE
WHEREAS, pursuant to California Vehicle Code ( CVC) Section 22507, the City is required to establish No Parking Areas within the City limits by ordinance; and WHEREAS, staff has identified necessary modifications and additions to Lathrop Municipal Code Section ( LMC) 10. 24. 030 titled " Designated No Parking Areas" to accommodate new development and roadway changes from recent projects and increase the safety of schools; and
WHEREAS, staff requests that the City Council consider amending LMC Section 10. 24. 030, as shown in Exhibit A incorporated by reference herein.

NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Lathrop does hereby approve amending Section 10. 24. 030 entitled " Designated No Parking Areas" of the Lathrop Municipal Code as shown in Exhibit A, incorporated by reference herein.

Section l. The Lathrop Municipal Code is hereby amended as shown in Exhibit A, attached hereto and incorporated by reference herein.

Section 2. 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.

Section 3. - Severabilitv. If any section, subsequent subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise invalid, such a decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance irrespective of the unconstitutionality or invalidity of any section, subsection, subdivision, paragraph, sentence, clause or phrase.

Section 4. - Effective Date. This Ordinance shall take legal effect 30 days from and after the date of its passage.

Section 5. - Publication. Within fifteen days of the adoption of this Ordinance, the City Clerk shall cause a copy of this Ordinance to be published in full accordance with Section 36933 of the Government Code.
296
THIS ORDINANCE was regularly introduced at a regular meeting of the City Council of the City of Lathrop on the 11t" day of December 2023, and was PASSED AND ADOPTED at a regular meeting of the City Council of the City of Lathrop on the day of 20_, 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 297
No Parking Areas— Chapter 10. 24 Mark- Up EXHIBIT" f "
New text is shown by underline; deleted text is shown by *'*' r^-' Chapter 10. 24 PARHING

10. 24. 030 Designated No Parking Areas
Upon amendment by ordinance prohibiting parking on certain streets and/ or highways within the cotporate limits of the City, as depicted below, the Director ofPublic Works is directed to place appropriate signs and/ or markings sufficient to give adequate notice of such no parking areas. Until appropriate signs and/ or markings sufficient to give adequate notice of such no parking areas, as depicted below, is provided by the Director of Public Works, no enforcement of the provisions of this section shall occur.

Pursuant to the provisions of the California Vehicle Code, the following no parking zones( unless noted as timelimited parking) are created or affirmed if previously created in the corporate limits of the City of Lathrop:

Street Side Location
Academy Drive North Begixuiing at the centerline of Somerston Parkway, thence running easterly to the centerline of River Bend Drive, an a roximate distance of 2, 000 feet.

Barbara Terry Boulevard Both Beginning at the centerline of Spartan Way, thence running easterly to the centerline of Sunol Street, an a roximate distance of 5, 860 feet.

Bewick Drive Both Beginning at the centerline of Warbler Place, thence rumiing southerly to the centerline of Isidore Wa , an a roximate distance of 170 feet.

Bluebird Street Both Beginning at the centerline of Spartan Way, thence running southerly to the centerline of Os re Drive, an a roximate distance of 180 feet.

Bosch Avenue Both Beginning at the centerline of Middlebury Drive, thence running northerly to the centerline of Mulholland Drive, an a roximate distance of 1, 850 feet.

Brookhurst Boulevard Both Beginning at the centerline of Manthey Road, thence running westerly to the centerline of McKee Boulevard, an a roximate distance of 1, 350 feet.

Business Park Court Both Entire length.

Cedar Ridge Court Southwest Beginning from the south end of the driveway to 14917 Cedar Ridge Court, thence runnin easterl an a roximate distance of 30 feet.

Central Pacific Street Both Beginning at the centerline of Spartan Way, thence running southerly to the centerline of Alban Street, an a roximate distance of 200 feet.

Christopher Way Both Beginning at the centerline of D' Arcy Parkway, thence running southwesterly an a proximate distance of 3, 000 feet.

Commercial Street Both Beginning at the centerline of Academy Drive, thence running northerly to the centerline of Marina Drive, an a roximate distance of 1, 300 feet.

Crescent Moon Drive North Beginning at the centerline of McKee Boulevard, thence running easterly, an a roximate distance of 50 feet.

D' Arcy Parkway Both
Entire len th.
il' A., D., l..... Ao,.:..«:«.... r., o, 7:+.,.,.. o,. FA ^ f/ 1/ l Fot o., t,. Frl.o,. o« to.-1:« 0,. FII.,.-1..« e
Il' A.-..., D« L...., kRo.,:.,.,:.,.,+ o. i:+.,.,,. o„ F C / l! 1! 1 Fo+ o.,+,. Fi7.. 1..« D,.., t + l.o«,. o torl..., ro.]; t.,.,,. o. C 1 ' i[! 1 C ot t,... o« ta.-l:., o. f'V. o.,.:+ o il' A«,.., D« 1...., Ro..:.,..:«....,++ L. e,. « rorl:.. e„ Fi7.,.-1.,« D,...,] tl.o«,. o.-. o.. to.-1..., II' A.-..., D.- L..,.... Ro..:,,.,:.,..+ v.+ o. 7:+.,«.. 0 1 G! 1 Fe+ o., t.. Frl. e.. e« te«l:« e., FU...-t..« 8ozd rl, o.,.. o.-. ro« l.. o. 7:*.,«,. o,. F7Ill1 Fot A 11,..:. Z/ l

298
No Parking Areas— Chapter 10. 24 Mark- Up
Street Side Location
i''
n n} k
r n.-,... n.,.-v..,.,..
rnn..,..,n.,.. i...,,... k
u,,., a . t, o.,,. o... o.. t..., o a:..,.,,. o., f 7 G/ l! F o..,,. we e« re l:.. o.. F V.. o..,:+ o A.. o.,,, o
De1POsso Drive Both Entire len th.

Dos Reis Road Both Entire len th.

Fifth Street East Beginning at the centerline of Thomsen Road, thence running southerly an a roximate distance of 165 feet.

Fifth Street West Beginning at the centerline of Mingo Way, thence running southerly to the centerline of Louise Avenue, an a roximate distance of 500 feet.

Fifth Street West Beginning at the centerline of N Street, thence running southerly to the centerline of O Street, an approximate distance of 400 feet. Prohibit parking between the hours of 8: 30 a.m. to 2: 30 p.m., Monday through Friday. Allow temporary loading/ unloading of vehicle passengers between the hours of 8: 00 a.m. to 8: 30 a.m. and 2: 30 p.m. to 3: 00 p.m., Monday through Friday. Allow parking between the hours of 3: 00 p.m. and 8: 00 a.m., Monday through Friday and anytime on Saturda and Sunda .

Golden Spike Trail West Beginning at the centerline of Brookhurst Boulevard, thence running north an approximate distance of 750 feet. Prohibit parking from the hours of 8: 00 a. m. to 5: 00 p.m., Monday through Friday. Allow parking between the hours of 5: 00 p. m. to 8: 00 a. m., Monda throu h Frida and an ime on Saturda and Sunday.

Golden Spike Trail East Beginning at the centerline of Brookhurst Boulevard, thence running north an approximate distance of- 89 250 feet. Prohibit parking from the hours of 8: 00 a.m. to 5: 00 p.m., Monday through Friday. Allow parking between the hours of 5: 00 m. to 8: 00 a.m., Monday throu h Frida and an ime on Saturda and Sunda .

Golden Valley Parkwa Both Entire len th within cit limits.

Glacier Street Both Entire len th.

Harlan Road Both m*. Beginning at the northeriv city limits, thence runnin south to centerline of D' Arc Parkwa .

Harlan Road West Be i
nninQ at the centerline of D' Arcv Parkwav, thence running south to cul- desac.

Harlan Road East Be g i,nninQ at the centerline of D' Arcv ParkwaY, thence runnin south, an a roximate distance of 200 feet. Allow 30 minute arkin .

Harlan Road East Beg i,nning at 200 feet from the centerline of D' Arcv Parkwav, thence running south to cul- de- sac.

Howland Road Both Entire len th.

Imperial Drive West Beginning at the centerline of Holborn Drive, thence running southerly to Marina Drive roundabout, an a roximate distance of 65 feet.

Isidore Way Both Beginning at the centerline of Stanford Crossing, thence running westerly to the centeriine of Loon Street, an a roximate distance of 930 feet.

Jefferson Way Both Entire len th.

Johnson Ferry Road Both Beginning at the centerline of Golden Spike Trail, thence running easterlv to centerline of Colonial Trail an a roximate distance of 1 815 feet.

Lakeside Drive Both Entire length.

Lathrop Road Both Beginning at the centerline of Golden Valley Parkway, thence running easterly to the eastern city limits an ap roximate distance of 9, 500 feet.

Locomotive Street Both Beginning at the centerline of Golden Valley Parkway, thence running westerly to the centerline of Saybrook Street, an ap roximate distance of 200 feet.

Louise Avenue Both Entire len th.

Madruga Road Both Beginning at the centerline of Yosemite Avenue, thence running westerly to the centerline of Glacier Street, an ap roximate distance of 770 feet.

Manthey Road Both Beginning at south city limits, thence running northerly to city limits an a roximate distance of 28, 400 feet.

299
No Parking Areas— Chapter 10. 24 Mark- Up
Street Side Location
Marina Drive Both Beginning at the centeriine of Somerston Parkway, thence running easterly to the centerline of River Bend Drive, an a roximate distance of 2, 400 feet.

Marina Drive South Beginning at the centerline of Leto Way, thence running westerly to the centerline of Silver S rin s Wa , an a roximate distance of 1, 050 feet.

McKee Boulevard Both Be g at the centerline of Crescent Moon Drive, thence running northerl southerl an a roximate distance of 85 feet.

McKinley Avenue Both Beginning at the centerline of Lathrop Road, thence running southerly to the rail road crossing, an a roximate distance of 1300 feet.

McKinley Avenue Both Beginning at the centerline of Louise Avenue, thence running southerly to the centerline of Yosemite Avenue, an a roximate distance of 5, 300 feet.

McKinley Avenue West Beginning at the centerline of Yosemite Avenue, thence running southerly to city limits, an a roximate distance of 2, 400 feet.

Mossdale Road Both Entire len th within cit limits.

Murphy Parkway Both Beginning at the centerline of D' Arcy Parkway, thence running northerly to the end.

Murphy Parkway Both Beginning at the centerline of Tesla Drive, thence running northerly to the centerline of D' Arcy Parkway, an approximate distance of 1, 500 feet. Allow parking during the hours from 6: 00 a.m. to 10: 00 p.m. Prohibit parking from 10: 00 m. to 6: 00 a. m. Prohibit arkin of vehicles over 5 tons.

Tesla Drive Both Beginning at the centerline of Harlan Road, thence running easterly to the centerline of Christo her Way, an a roximate distance of 3, 600 feet.

O Street North Beginning at an approximate distance of 125 feet east of the centerline of Halmar Lane, thence running easterly an approximate distance of 680 feet to Fifth Street.

Prohibit parking from the hours of 8: 30 a. m. and 2: 30 p.m., Monday through Friday. Allow temporary loading/ unloading of vehicle passengers from the hours of 8: 00 a. m. and 8: 30 a. m. and 2: 30 p. m. to 3: 00 p.m., Monday through Friday.

Allow parking between the hours of 3: 00 p.m. to 8: 00 a.m., Monday through Friday and anytime on Saturday and Sunday. Prohibit parking anytime 50 feet east and west of the centerline of Matador Wa .

Oberlin Avenue Both Beginning at the centerline of Marina Drive, thence running northerly to the centerline of Garden Farms Avenue, an a roximate distance of 1, 400 feet.

Old Harlan Road Both Entire len th, north and south of Lathro Rd.

Old Harlan Road Both Entire length south of Louise Avenue.

Old Harlan Road East Beginning at the centerline of Louise Avenue, thence running north an approximate distance of 310 feet. Allow parking during the hours from 6: 00 a.m. to 10: 00 p. m. Prohibit parking from 10: 00 p. m. to 6: 00 a. m. Prohibit parking of vehicles over 5 tons.

Old Harlan Road West Beginning at an approximate distance of 100 feet south from the centerline of South Harlan Road, thence running south an approximate distance of 100 feet.

Allow parking during the hours from 6: 00 a. m. to 10: 00 p.m. Prohibit parking from 10: 00 . m. to 6: 00 a.m. Prohibit arkin of vehicles over 5 tons.

Paradise Road Both Entire length within city limits.

Pleasant Road Both Beginning at the centerline of Isidore Way, thence running southerly to the centerline of Folktale Way, an ap roximate distance of 180 feet.

Quartz Way East Beginning at the southerly boundary of 13580 Quartz Way( lot 15), thence running southerly to the northern boundary of 13590 Quartz Way( lot 14), an approximate distance of 20 feet for Emer ency Vehicle Access.

River Islands Parkway Both Entire length within city limits.

Roth Road Both Entire length within city limits.

Sadler Oak Drive Both Entire length.

Sandhill Crane Road Both Entire length.

Seventh Street Both Beginning at the centerline of Fifth Street, thence running easterly along Seventh Street for an a roximate distance of 600 feet.

Sierra Mar Road Both Beginning at the centerline of Barbara Terry Boulevard, thence running westerly to the centerline of Testarossa Street, an a roximate distance of 175 feet.

Somerston Parkwa Both Entire length.

300
No Parking Areas— Chapter 10. 24 Mark- Up
Street Side Location
Somerville Street Both Entire len th
Sparta.n Way Both Beginning at the centerline of Golden Valley Parkway, thence running westerly to an a roximate distance of 850 feet north of the centerline of Hidden Cove Place.

Stanford Crossin Drive Both Entire len th.

Stewart Road Both Beginning at a point 550 feet north ofthe centerline ofthe Union Pacific Railroad tracks( formerly southern Pacific Railroad tracks), thence running southerly along Stewart Road an approximate distance of 1, 450 feet to the centerline of Manthev Road.

Stonebridge Lane Both Beginning at a point that is on the east right- of-way line of Harlan Road, thence running easterly to the centerline of Slate Street, an approximate distance of 2, 400 feet.

Thomsen Road Both Beginning at the east right-of-way of Harlan Road, thence running easterly for an a roximate distance of 200 feet.

Thomsen Road South Beginning at a point approximately 200 feet east of the right- of-way of Harlan Road, thence running easterly an approximate distance of 400 feet to the centerline of Lisa Lane. Allow parking during the hours from 6: 00 a.m. to 10: 00 p.m. Prohibit arkin from 10: 00 . m. to 6: 00 a. m.

Thomsen Road North Beginning at a point approximately 200 feet east of the right- of-way of Harlan Road, thence running easterly an approximate distance of 200 feet. Allow parking during the hours from 6: 00 a.m. to 10: 00 p. m. Prohibit parking from 10: 00 p.m. to 6: 00 a. m.

Top of San Joaquin Both Beginning at the northern city limit line, following the levee until the centerline of River levee in RD- 17 Manthey Road.
and all levee access
oints
Towne Centre Drive Both Beginning at the centerline of Manthey Road, thence westerly to the centerline of Golden Valley Parkway. Allow parking for up to two hours between 6: 00 a.m. to 10: 00 . m. Prohibit arkin between the hours of 10: 00 . m. and 6: 00 a.m.

Towne Centre Drive Both Beginning at the centerline of Golden Valley Parkway, thence running westerly an a roximate distance of 400 feet.

Woodfield Drive Both Beginning at the centerline of Lathrop Road, thence running northerly to the centerline of Lon Barn Drive, an a roximate distance of 450 feet.

Yosemite Avenue North Beginning at the centerline of McKinley Avenue, thence running easterly to city limits.

Yosemite Avenue South Beginning at the centerline of McKinley Avenue, thence running westerly an ap roximate distance of 3, 000 feet.

Yosemite Avenue Both Beginning 800 feet east of the right- of-way of State Route 120, thence running westerl to the centerline of Jefferson Wa , an a roximate distance of 6, 800 feet.

The public works director is hereby directed to erect appropriate signage and/ or markings to indicate the existence of these no parking zones. In erecting signage on roads with unimproved shoulders, the signs shall be placed at the edge of the rightof-way. Until and unless appropriate signage and/ or markings are erected, no enforcement of these no parking zones shall occur. Payment far such signage shall come from account 208- 5010. ( Ord. 18- 389 § 1; Ord. 17- 382 § 1; Ord. 14- 336 § 1; Ord. 13- 325 § 1; Ord. 12- 317 § 1; Ord. 11- 309 § l; Ord. 11- 306 § 1; Ord. 11- 304 § 1; Ord. 10- 302 § 1; Ord. 10- 301 § 1; Ord. 09- 296 § 1; Ord. 09- 288 § 1; Ord. 08- 282 § 1; Ord. 99- 166; Ord. 93- 104)

301
302
ITEM 6. 1

CITY MANAGER' S REPORT
DECEMBER li, 2023 CITY COUNCIL REGULAR MEETING
ITEM: APPOINTMENT OF VICE MAYOR
RECOMMENDATION: Mayor to Appoint Vice Mayor for 2024
BAC KG RO U N D:

Chapter I " General Powers and Duties", Section F Vice Mayor Selection", of the City Council Handbook of Rules and Procedures provides:

The Vice Mayor shall be appointed by the Mayor for a one- year term at the first meeting in December. If, in any year in which an election for Mayor of Council takes place, and the first meeting in December occurs prior to the certification of election results, then action under this section shall be delayed to the next meeting of the City Council, either regular or special."
Also as prescribed in the California Government Code § 36801:

The city council shall meet at the meeting at which the declaration of the election results for a general municipal election is made pursuant to Sections 10262 and 10263 of the Elections Code and, following the declaration of the election results and the installation of elected officials, choose one of its number as mayor, and one of its number as mayor pro tempore."
Furthermore, Chapter I " General Powers and Duties", Section E Vice Mayor", of the City Council Handbook of Rules and Procedures provides:

In the absence of the Mayor, the Vice Mayor shall possess and perform the power and duties of the Mayor. In that capacity, the Vice Mayor shall sign ordinances and resolutions adopted in his or her presence."
At this time, staff is requesting the appointment to be made by the Mayor.

SUBMITTED BY:

ClG
eresa Vargas Date
City Clerk
303
304
ITEM 6. 2

CITY MANAGER' S REPORT
DECEMBER 11, 2023 CITY COUNCIL REGULAR MEETING
ITEM: MAYOR AND COUNCILMEMBER ASSIGNMENTS TO

SERVE ON OUTSIDE AGENCY BOARDS, COMMISSION
AND COMMITTEES FOR 2024
RECOMMENDATION: Mayor to Assign City Council Appointments for 2024, for Members of the City Council to Represent the City
of Lathrop on Outside Agency Boards, Commissions
and Committees
BACKG ROU N D:

Councilmembers serve on various outside agency boards, commissions and committees in order to represent the interests of the City of Lathrop. Chapter V, Section B( 2) of the City Council Handbook of Rules and Procedures provides: The Mayor shall, instead of nominating, announce the appointment of the designated Councilmember as a member of a County, regional, multi- public agency, or other outside agency, at the time the matter is considered at the City Council meeting. If no motion is made by a Councilmember, immediately following the Mayor' s announcement, to submit the Mayor' s intended appointment to formal vote of the City Council, the Mayor' s announced appointment is deemed approved." The Mayor traditionally reviews these appointments each year in December, following Council reorganization, to examine whether current assignments should remain the same or if they should be changed for the upcoming year. Some assignments are made by jurisdictions that the City of Lathrop does not control. Attached to this report is a list of current appointments, some appointments require filing a Form 700 Statement of Economic Interest at the time of assuming or leaving office and annually. The Form 700 filings must be coordinated with and provided directly to the corresponding agency.

ATTACHMENTS:

A. Current Mayor and Councilmember Appointments ( Assigned for 2023) SUBMITTED BY:

I
T resa Vargas Date
City Clerk
305
0 o c c
L
pG
N
U
N
C . Oi
O
a
c c Cj i
U U
U
Z
U
W
o N
s
U
a J
Q a
a
C M
1 ai
ev E E
v

N U U V Q
C
N
U U
o
Z f
0 0
Z
L ' U
O
Z a..+ GO N O
Fi a N
l
a L m
i
Q
a
t''n N o
J~
W 47
i
Y O Q w N
m F y p '-+ p v p Q
OW 3 rn ` og ra
o "_" v o a ° a
A I N
N NU ! n > N
O
j.. M 1=p
U '
a--+
O NU i

N Q ' O
c L ' v oo ' a a o - V
a ' ° a o o `
Z
i = u, a ° Q
c v c m a; Q
d - v o v O' uco :+=' + in o o a nco
v
Z . 0 a - a Q in c u 6 r c p ra o
v
3 ro ` ^ ' w . ^ ^ ' w ^
4 p
7 c n ° - - '° ` fl o u - 3 c n ° p v _c : a •-
Z cn n a r"o ° a, 3 i u"'i ° or o 3 cnv o o ° o
Q
QQ > cncn u •• 3 r ncnoccn .. 3 QQ > ,- cn cn ..

O N
U '' N

U '' U '-'
J
C '' L C L v C L 0 1
a E z C E - c N - E - c N
i= c° S i= v S i= s
o?o. c
r. c
a.. C
r.

O O
Q E n
U
o U)
U U L p
0 C C y.

N U 0 ( n
L
i U L 'QL— -
XU o
a
o
W
cn
o L
V a w r
7 m a..+ U U O
C 1 LL
cn
U
U
Oi
4 306
a
a
o
i
Q Q Q
y
Z Z Z
a+
Q U
C
O
U
U
u ri
N p N N O O
G1 V i
U Q L
Q Q
n O
N G7 a Q a
p c v
N
ON
a O
U
Q
Z
W o
N
f Z
U
L
a
Z
Q O
lf dQ r° N L No
Q
U x
O O N
N ' N
W a
3 +.+ U >
cn
Jy H +- t U r6 ( n ( n L
m FI L N C IA
E N
L
VI L N N } L
O W N N N c U • O U O N O N
p c > n N n a O ro N
a; O -' J a' o c

N V OQO O
z
p
w' 0 J.'.J ( a
VI L N L M 4
UV J `° a Ua t' Ucr° o ^ Ur ' L3 ro ° U r° Ua'iroro '? m a Z t a i c x c p a i
ro 3 Q E v
V 3 ai o W m `—'
L
o aN ° ` t , ro ° m
cn c c a
u °'
r. u
p
t7 c m •
n —
v v oN v rn o I- oo v _ M v rn 3 Z
W N ( 0 c+') 0 ( O 0 p
a".+ a M O a..+
r CO 0 ( 0 0 w a.,
Q
QQ N ( n d (n CL .-i ,-- i ,-- ( nU . UL OON ( n NInUO U .

O N
U ; a; . U ; a; ..
c -- n c '• n c -' n
a E c c E c v E
f i= i i
ov
n
E `
Q
rn
L
4 L L
U O p +., N O
d 7 C i V
Q
Q
U
p
Z
Uf C
a
C L
o
6-p
U a
o
a o
v ._ p
t
U
N
O
4 307
c
N
B
3 w i L
N
Q r.,
i E
L
t O
1_.

O
z
Q U 0 U
C Qj j
O Q U
U
U
i
N
O
C N C
N
Y
i
r.+ Q Q
i
L O L
81 O U o a
M ro
p G a i
N v L v
Q
U
H
H W ai
Z O Q
W E- m U c
Z o L
Z
w o c v
o 0
ON a o v o
a
m . v p OV i
N a
N
N O
i (n
4J p N O , C N U Q W y pj
J W
L
I O > 4

O O ' G
00 ao mQ o
c
o > c o
f
3 ro o a a io a , > o C a ai - X — W
M +.+ 7 i w pM C Q ,( j 00 w v
p ' u ow ^ o
o o
0 o
c L .. rn
J C
uf 01 U
O
C, V
M i ,
y
N - p O N u' 1 O
U J = p_Q i +.+ 0 "
O
U -
i N O N " N
O j" > N 4
Z L U N N Q L vf Q•- m r6 N C + s= Q 3
Q
G7 " p — 7 i N
Z t a U U c Eo WQp 3 no ao 3
a,'
O
3 N N > O rp + N O_ N ^
V O U
W
N p ^ 3 O ~ U ,- O i0 +' ln
uf 4
0 W
C cn O V 01 U 3 M C ' i O N U
3 O
N >
L N ,
Q Q Q Li . i M v ( n Q N 01 d' 3 N N Y L
i; N N N
J
O
c •• N v c •• n c •• N n
a t C C t
C
i= U 1= C i= C
o ov
c o
o
L
O u a i
j O N
a 4 m 4
u U
o o
Q
N 0 U o Z
L
Z
v
p O
O 6 O
L N n
Q L
O C C 0 >
V O
U ,_, Q
oC
ra
O C 0 p
cn - M
o,
4 308
c
o
c r6 r
L
M

L L N N N
O ry N C N L D 6 47
C 1 ' 1
p1 J J
L Q a a
y o L o
raF V o U
i
a
L
O V 0 6 V
C
N
U- VI n C
a
V
O¢ a
U
V

U C C J
U U U
U
C
N
O N p
L ( p N
C 0 0 B N L ( 0
J
3 3 L
3 Q a
6 o
o v
G1 0 U p
o
d a a
N a d o o E o
a) ' v
ra ra c p ro O
o v
p U
i
LL U
Z
a
W
V
Z
Z
O1
N W O
a p
Q
o
a L 0
i
Nf Q t
c ro Q
o
Q W
O ' uf v N
Q YJ d p
U
C7 p Q p N
J W
y o 0 0 , o U
s o _ v t
L G-. O w
W 3 ` a ° o 3
g vc , p ' a
i,,, V
U R Q U 0 0 N Q - a a a
o
Z a
c c co H
a a

U J C C N C N N N N Q
a ' c vi o o A
Z s u o s N ai a i a i N
a ! oCoG
L
t0 ( 6 U a
M N N N C N 0
3 oo N °: » 3 ,
G W p c c ro a ' L o .,_, c n
p
c cn p
c v p c cn p c cn p
Z ra ro O > a a cv cn n oo u n m cn n m n n o0 cn cn o0 Q
M Q1 ( n ( J) m Q U J J . Q Q H Q Q F- Q Q ( n Q Q Q Q
V r., U . '
J
C . N ro v C .. N C .. N .. N C .. N .. N
N fl N N N N N N ''' N N
a c E t a c E t E c .c E c c .E c c E c
f i u S i i i= v i s
v
a
O ` O v iC U C +.+
E N U i
N ..+
O O i Vf
m v
J L
N O_
U
0 ' p Q rp p
O
3 o
fl- a a
oa ° U
o o ' oo ' o ' >
Q ~ O d1 L
0 i 0 L QJ L
y
Z
C +
j f0 V
f0 j ( n
Q 02 W J
N JN ` JN 0 N
Q N U c, j
O O r0 O OU
O c ' fl X ; X "— ,' X X O N v
U N UN VN UN W 7
O U v
N
fl. CU
O Q
w O
N O
Q cp c
J
U
U 6
r
J
m
Q
309
rn
o
ai
M >
LN
G
O
L
N
L
V1
O
M
L rl
l
c a 3
a
Q
L
a
O
m '°
N '""
Z
Z
ai
a rn porn
C
0 Q ' 3 L o
U ' a
U
Q
U
o
U
u
N
O
co
c cQ r;
i
MN
O V V
N
y N
O
C O
p
rp
N
Q
r°
v
O c
c
c
Q
E
CGO
v a`,
m
a
3 H
v
W
o
0 0
a
Z
Q inai
7 Z
O r L
oc dN
c i M O M L N Q Z a-+ NN u i O N
J
G7
C t0 +,
O
M
E O
W
W
J O . N d- ,
O
Q
Gp
Q
s
E U
D
o
c a rn rn
o
E a
p
o
O
O 3 ` ^
L
jNO' Eo '• N '
W
U
N
ui C01 O
O O ' ra
CN
F C > O
O
O
j V .

N._ OV
L 111 N
O
O
p, i-JiN 10 p ^ ` > Cd ' _ O NU
Q
U
Z tfl G7 o U n O .

V
U
j, a
3 U a
Q
O
t
w . c° 3 c
r
a
3 E c M
o
V
o o oa
a3
Q o oc. •
N
o
n - o c °; • w c c . w r, ..
a
G
L
z v ' ni +.+ iri
o v ra ta I— c - rn
Z O ' ,,, d' 7 +'''.+ y I i
O r0
0 3 c.'i
Q r" rnm tcn E , aorncncn u, cn u .
c u cn cn ...
3 J
i.; ai ai a.;a
u v +
c in c ,' c °' ,`
c E
o
v -c
E
t
o a°i
t E -'
c
o
v
i 3 i=
s c. i= c
p=
n
c
C
c ].

L
o a N in
N
Q, - o'
o
u na'. ocn
o o, uU ^ .-. cn ' c ,
o
n
v 4'
o
m C7 0 > rn
E v—.
o
n O
O C NL r0
o — '
L ` 0'
a c
x a E rno
Q g o - a vi N '
n
w
a o
p G O>>. n
O
ti
9 U v '`(
n c ! +-+ +-+ u=i
ai rn r -
w
V
C p. W C 0 > C ( O .-
LC a-+ NO
J O '^ iD uYi
oai Eai '_'
tn G V .,
i
oc i >, a,
o
m
LL' r° N
c
C • 4 oaci c LUy''
v
r ` co °'
v
w c a,
v
o
N 3 ;
r m ;
y v o >
N
E 3po , , v '
E
U
p a, a, .,
L
i O > E 3v '_' o `
U o`,° o . c`n4o
c ° ..
cnc '+= o p " J j Q v
u m `
V
U
O L
J..

U
p
0,
cn p a v +- ;_,
y v
6o
i j
u L — X •? p ._ '
a v in N—
C
1 3 U
U v..

U W uic o 0 " •
n ocU a"ioa y v
a. , a x u -
o
O Q, c °;
c
U
w- a
E o r, °' E
n
LL- mc a `
a
E ua a
cn
oo
a
o
v
o
r o ° o or rnv ° °'
I ^ UNU m U > F- aa aE
310