January 8, 2024 – Regular Meeting Agenda – 7:00 p.m.
Printed on Recycled Paper See Reverse
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January 8, 2024 – City Council Regular Meeting – 7:00 p.m.
City Council Chamber
390 Towne Centre Drive
Lathrop, California
(209) 941-7200
www.ci.lathrop.ca.us
City Council
Sonny Dhaliwal, Mayor
Minnie Diallo, Vice Mayor
Paul Akinjo
Diane Lazard
Jennifer Torres-O’Callaghan
City Staff
Stephen Salvatore, City Manager
Salvador Navarrete, City Attorney
Michael King, Assistant City Manager
Thomas Hedegard, Deputy City Manager
Teresa Vargas, Government Services
Director / City Clerk
Brad Taylor, City Engineer
Tony Fernandes, Information Systems Director
Cari James, Finance Director
Juliana Burns, Human Resources Director
Rick Caguiat, Community Development
Director
Todd Sebastian, Parks and Recreation
Director
Stephen Sealy, Interim Chief of Police
General Order of Business
1. Preliminary
Call to Order
Closed Session
Roll Call
Invocation
Pledge of Allegiance
Announcements by Mayor/City Mgr.
Informational Items
Declaration of Conflict of Interest
2. Presentations
3. Citizen’s Forum
4. Consent Calendar
5. Scheduled Items
Public Hearings
Appeals
Referrals and Reports from
Commissions and Committees
All Other Staff Reports and/or Action
Items
Study Sessions
6. Council Communications
7. Adjournment
Order of Discussion
Generally, the order of discussion after introduction
of an item by the Mayor will include comments and
information by staff followed by City Council
questions and inquiries. The applicant, or their
authorized representative, or interested residents,
may then speak on the item; each speaker may only
speak once to each item. At the close of public
discussion, the item will be considered by the City
Council and action taken.
Consent Calendar
Items on the Consent Calendar are considered
routine by the City Council and will be enacted by one
motion and one vote. There will be no separate
discussion of these items unless a Councilmember or
interested resident so requests, in which case the
item will be removed from the Consent Calendar and
considered separately.
1 January 8, 2024 Lathrop City Council Regular Meeting Agenda Page 1
IMPORTANT NOTICE REGARDING THIS MEETING
This public meeting will be conducted in person; all members of the City Council will attend in person. Members of the public are welcomed in person. This meeting will also be available for public participation by teleconference via ZoomGov at the following link:
https://www.zoomgov.com/j/1615216326?pwd=VzZpM2FGbW5DW
VkvS3Y5WDFhdXhrZz09
During the meeting, those joining by ZoomGov, will be allowed to speak prior to the close of public comment on an item. If you are using this method, please “raise the hand” feature to inform the City Clerk (meeting host) you wish to speak on the matter.
Please ensure your computer speaker and microphone are fully functional.
For audio / calling in only, dial: +1 (669) 254-5252 or +1 (669) 216-1590 o To request to speak (same as the “raise hand” feature) press *9 / When the City Clerk calls your name, press *6 to unmute.
Meeting Webinar ID: 161 521 6326 / Passcode: 711149
If you are not able to attend the meeting in person or virtually - Public comment/questions will be accepted by email to City Clerk Teresa Vargas at [email protected] or by calling (209) 941-7230 Questions or comments must be submitted by 4:00 p.m., on the day of the meeting.
To address City Council in person, please submit a purple card to the City Clerk indicating name, address, and number of the item upon which a person wishes to speak.
Council Meetings are live-streamed (with Closed Captioning) on Comcast Cable Channel 97, and on the City Council Webpage: https://www.ci.lathrop.ca.us/citycouncil/page/live-stream Addressing the Council
Any person may speak once on any item under discussion by the City Council after receiving recognition by the Mayor. Purple speaker cards will be available prior to and during the meeting. To address City Council, a card must be submitted to the City Clerk indicating name, address and number of the item upon which a person wishes to speak. When addressing the City Council, please walk to the lectern located in front of the City Council. State your name and address. In order to ensure all persons have the opportunity to speak, a time limit will be set by the Mayor for each speaker (see instructions on speaker form). In the interest of time, each speaker may only speak once on each individual agenda item; please limit your comments to new material; do not repeat what a prior speaker has said. If you challenge the nature of a proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. 2 January 8, 2024 Lathrop City Council Regular Meeting Agenda Page 2 Citizen’s Forum
Any person desiring to speak on a matter, which is not scheduled on this agenda, may do so under the Citizen’s Forum section. Please submit your purple speaker card to the City Clerk prior to the commencement of Citizen’s Forum, or submit your request to speak via the “raise hand” feature in ZoomGov. Only those who have submitted speaker cards, or have expressed an interest to speak, prior to the conclusion of Citizen’s Forum will be called upon to speak.
Please be aware the California Government Code prohibits the City Council from taking any immediate action on an item, which does not appear on the agenda, unless the item meets stringent statutory requirements. The Mayor will limit the length of your presentation (see instructions on speaker form) and each speaker may only speak once on this agenda item.
Please note, the Council Chamber has limited occupancy due to social distancing.
To leave a voice message for all Councilmembers simultaneously, dial (209) 941-7230. To send an e-mail for Councilmembers simultaneously email: [email protected]. This City Council Agenda and meeting materials can be accessed by computer or any smart device at: https://www.ci.lathrop.ca.us/meetings
General Information
For reports citing supplemental documents relating to specific agenda items, these are available for review in the City Clerk’s Office. This agenda was posted at the following locations: City Hall, Community Center, Generations Center, Senior Center, and the LathropManteca Fire District “J" Street and Somerston Parkway Offices. The meetings of the Lathrop City Council are broadcast on Lathrop Comcast Cable Television Channel 97 and live streamed on the City’s website.
Assistance will be provided to those requiring accommodations for disabilities in compliance with the Americans with Disabilities Act of 1990. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility and/or accommodations to this meeting. [28 CFR 35.102-35.104 ADA Title II] Interested persons must request the accommodation at least 2 working days in advance of the meeting by contacting the City Clerk at (209) 941-7230. Information about the City or items scheduled on the Agenda may be referred to:
Teresa Vargas, MMC
Government Services Director / City Clerk
390 Towne Centre Drive
Lathrop, CA 95330
Telephone: (209) 941-7230
3 January 8, 2024 Lathrop City Council Regular Meeting Agenda Page 3
CITY OF LATHROP
CITY COUNCIL REGULAR MEETING
MONDAY, JANUARY 8, 2024
7:00 P.M.
COUNCIL CHAMBER, CITY HALL
390 Towne Centre Drive
Lathrop, CA 95330
AGENDA
PLEASE NOTE: There will be no Closed Session. The Regular Meeting will commence at 7:00 p.m.
1. PRELIMINARY
1.1 CALL TO ORDER
1.2 ROLL CALL
1.3 INVOCATION
1.4 PLEDGE OF ALLEGIANCE
1.5 ANNOUNCEMENT(S) BY MAYOR / CITY MANAGER
1.6 INFORMATIONAL ITEM(S) – None
1.7 DECLARATION OF CONFLICT(S) OF INTEREST
2. PRESENTATIONS
2.1 INTRODUCTION OF NEW EMPLOYEES
Human Resources Department
Sarah Castro, Human Resources Analyst
Public Works Department
Stephanie Rosillo-Silva, Administrative Assistant
Daniel Rosado, Maintenance Worker
Jonah Sonner, Compliance Engineer
Parks and Recreation Department
Adrian Magdaleno, Senior Recreation Leader
Pamela Parrish, Senior Recreation Leader
Sydney Foster, Management Analyst
4 January 8, 2024 Lathrop City Council Regular Meeting Agenda Page 4 Police Department
Mariah Walty, Animal Center Assistant
Angelina Moreno, Administrative Assistant
Carlos Lerma, Police Officer
Eloy Magana, Police Officer
Sunny Purewal, Police Officer
Myles Richter, Police Officer
Justin Sangster, Police Officer
Joshua Simien, Police Officer
2.2 QUARTERLY ECONOMIC DEVELOPMENT PRESENTATION
3. CITIZEN’S FORUM
Any person desiring to speak on a matter, which is not scheduled on this agenda, may do so under Citizen’s Forum. Please submit a purple speaker card to the City Clerk prior to the commencement of Citizen’s Forum. Only those who have submitted speaker cards, or have expressed an interest to speak, prior to the conclusion of Citizen’s Forum will be called upon to speak. Please be aware the California Government Code prohibits the City Council from taking any immediate action on an item, which does not appear on the agenda, unless the item meets stringent statutory requirements. The City Council can, however, allow its members or staff to briefly (no more than five (5) minutes) respond to statements made, to ask questions for clarification, make a brief announcement or report on his or her own activities. (See California Government Code Section 54954.2(a)). Unless directed otherwise by a majority of the City Council, all questions asked and not answered at the meeting will be responded to in writing within 10 business days. ALL PUBLIC COMMENTS MUST BE
MADE IN COMPLIANCE WITH THE LATHROP CITY COUNCIL HANDBOOK OF RULES AND PROCEDURES!
4. CONSENT CALENDAR
Items on the Consent Calendar are considered routine by the City Council and will be enacted by one motion and one vote. There will be no separate discussion of these items unless the Mayor, Councilmember, or citizen so requests, in which event the item will be removed from the Consent Calendar and considered separately.
4.1 WAIVING OF READING OF ORDINANCES AND RESOLUTIONS
Waive the Reading in Full of Ordinances and Resolutions on Agenda and Adopt by Reading of Title Only, Unless Otherwise Requested by the Mayor or a Councilmember
4.2 APPROVAL OF MINUTES
Approve Minutes for the Regular Council Meeting of October 9, 2023 and Regular Council Meeting of November 13, 2023
4.3 TREASURER’S REPORT FOR SEPTEMBER 2023
Approve Quarterly Treasurer’s Report for September 2023 5 January 8, 2024 Lathrop City Council Regular Meeting Agenda Page 5
4.4 SECOND READING AND ADOPTION OF ORDINANCE 24-453 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
Waive Full Reading and Adopt Ordinance 24-453 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)
4.5 SECOND READING AND ADOPTION OF ORDINANCE 24-454 OF THE CITY COUNCIL OF THE CITY OF LATHROP AMENDING TITLE 10, CHAPTER
10.24, SECTION 10.24.030 DESIGNATED NO PARKING AREAS OF THE
LATHROP MUNICIPAL CODE
Waive Full Reading and Adopt Ordinance 24-454 Amending Title 10, Chapter 10.24, Section 10.24.030 Designated No Parking Areas of the Lathrop Municipal Code
4.6 APPROVE OUT OF STATE TRAVEL AUTHORIZING THE PARKS AND
RECREATION DIRECTOR TO ATTEND THE NATIONAL RECREATION AND
PARK ASSOCIATION, REVENUE DEVELOPMENT AND MANAGEMENT
SCHOOL IN WHEELING, WEST VIRGINIA
Adopt Resolution Authorizing Out of State Travel for the Parks and Recreation Director to Attend the National Recreation and Park Association, Revenue Development and Management School March 11- 15, 2024, in Wheeling, West Virginia
4.7 APPROVE OUT OF STATE TRAVEL FOR ONE ISD ENGINEER TO ATTEND
THE CISCO LIVE CONFERENCE
Adopt Resolution Approving Out Of State Travel for One ISD Engineer to Attend the Cisco Live Conference in Las Vegas, Nevada, June 2-6, 2024
4.8 APPROVE A RESOLUTION AUTHORIZING SUBMITTAL OF CALRECYCLE
INDIVIDUAL GRANT APPLICATIONS FOR WHICH THE CITY OF LATHROP
IS ELIGIBLE FOR, FIVE YEARS FROM THE DATE OF THE ADOPTED RESOLUTION, NO LATER THAN JANUARY 8, 2029
Adopt Resolution of the City of Lathrop Authorizing Submittal of Individual Grant Applications with Cal Recycle for All Grant Programs for which the City of Lathrop is Eligible for, Five Years from the Date of the Adopted Resolution, No Later than January 8, 2029
6 January 8, 2024 Lathrop City Council Regular Meeting Agenda Page 6
4.9 APPROVE PROJECT FUNDING AGREEMENT WITH LATHROP MOSSDALE INVESTORS, LP ASSOCIATED WITH CIP WW 20-17, SURFACE WATER
DISCHARGE, AND APPROVE A QUITCLAIM DEED TO TRANSFER
OWNERSHIP OF REAL PROPERTY TO K. HOVNANIAN HOMES
Adopt Resolution Approving a Project Funding Agreement with Lathrop Mossdale Investors, LP Associated with CIP WW 20-17, Surface Water Discharge and Approve a Quitclaim Deed to Transfer Ownership of Real Property (APN: 191-190-32) to K. Hovnanian Homes
4.10 AWARD CONSTRUCTION CONTRACT TO BAGLEY ENTERPRISES, INC.
FOR THE FUELING FACILITY ASSOCIATED WITH CIP GG 21-13
CORPORATION YARD IMPROVEMENTS
Adopt Resolution Awarding a Construction Contract to Bagley Enterprises, Inc. for the Fueling Facility Associated with CIP GG 21-13 Corporation Yard Improvements
4.11 RATIFY THE SERVICE AGREEMENT WITH ICU TECHNOLOGIES, INC. AND APPROVE BUDGET ADJUSTMENT FOR CIP GG 19-07 CITYWIDE
SURVEILLANCE SYSTEMS
Adopt Resolution Ratifying the Service Agreement with ICU Technologies, Inc. and Approve Budget Adjustment for CIP GG 19-07 Citywide Surveillance Systems
5. SCHEDULED ITEMS
5.1 PUBLIC HEARING (PUBLISHED NOTICE) TO CONSIDER AN
ORDINANCE AMENDING THE SPEED LIMITS IN THE CITY OF LATHROP, TITLE 10 VEHICLES AND TRAFFIC, CHAPTER 10.08 SPEED LIMITS, SECTION 10.08.030 SPEED LIMITS OF THE LATHROP MUNICIPAL CODE 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 Amending Section 10.08.030 “Speed Limits” of the Lathrop Municipal Code
5.2 PUBLIC HEARING (PUBLISHED NOTICE) ADOPTING VARIOUS
AMENDMENTS TO THE LATHROP MUNICIPAL CODE (LMC) TO
MODERNIZE, SIMPLIFY, AND STREAMLINE VARIOUS SECTIONS IN TITLE 5, BUSINESS LICENSES AND REGULATIONS, TITLE 8, HEALTH AND SAFETY, TITLE 15, BUILDINGS AND CONSTRUCTION, AND TITLE 17, ZONING (TA-23-139)
Council to Consider the Following:
1. Hold a Public Hearing; and
7 January 8, 2024 Lathrop City Council Regular Meeting Agenda Page 7
2. First Reading and Introduce an Ordinance Adopting Various Amendments to the Lathrop Municipal Code (LMC) to
Modernize, Simplify, and Streamline Various Sections of Title 5, Business Licenses and Regulations, Title 8, Health and Safety, Title 15, Buildings and Construction, and Title 17, Zoning. The amendments include the following:
Chapter 5.04 (Business Licenses Generally): Revise
and add language to exempt certain institutions and
organizations from obtaining a business license.
Chapter 8.24 (Property Nuisances and Dust
Control): Add language to clarify that a building or
structure with broken or missing windows or doors
constitute a hazardous condition and a prohibited
nuisance.
Chapter 8.26 (Vacant and Abandoned Property):
Add language to clarify that commercial and
industrial properties are also subject to the vacant
and abandoned regulations.
Chapter 15.56 (Floodplain Management): Clarify
that the City Engineer is the designated Floodplain
Administrator.
Chapter 17.48 (I Industrial District): Add warehouse
as a permitted use in the Limited Industrial Zoning
District.
Chapter 17.62 (Central Lathrop Zoning Districts):
Update the Residential Site Development Standards
Table to modify the off-street parking requirement
for dwellings with 5 or more bedrooms.
Chapter 17.76 (Off-Street Parking and Loading):
Revise the language to clarify that the Community
Development Director may authorize the joint use of
parking facilities under certain conditions.
5.3 APPROVE OUT OF STATE TRAVEL FOR THE 2024 NATIONAL LEAGUE OF
CITIES CONGRESSIONAL CITY CONFERENCE
Adopt Resolution Authorizing Out of State Travel for the 2024 National League of Cities Congressional City Conference to Washington D.C., from March 9 -13, 2024, and Approval of Related Budget Amendment
5.4 REVIEW AND CONSIDER DESIGN ALTERNATIVES FOR HISTORIC LATHROP BEAUTIFICATION PROJECT, CIP GG 24-23
Council to Consider Design Options for the Water Fountain and Gateway Arches on 5th Street Associated with Historic Lathrop Beautification Project, CIP GG 24-23
8 January 8, 2024 Lathrop City Council Regular Meeting Agenda Page 8
6. COUNCIL COMMUNICATIONS
6.1 COUNCILMEMBER TORRES-O’CALLAGHAN REFERRAL – Discuss Potential Local Housing Assistance Program for Sworn City of Lathrop Police Department and Lathrop LMFD Employees
6.2 MAYOR & COUNCILMEMBER COMMITTEE REPORT(S)
Central Valley Executive Committee/LOCC (Akinjo/Diallo) Council of Governments (Lazard/Diallo)
Integrated Waste Management Solid Waste Division (Akinjo/TorresO’Callaghan) Reclamation District 17 Joint Powers Authority (Salvatore) San Joaquin Partnership Board of Directors (Salvatore) San Joaquin County Commission on Aging (Vacancy)
San Joaquin Valley Air Pollution Control District (Akinjo/Dhaliwal) Water Advisory Board (Torres-O’Callaghan/Lazard)
Tri Valley-San Joaquin Valley Regional Rail Authority (Akinjo) San Joaquin Area Flood Control Agency (Akinjo/Lazard/Torres-O’Callaghan) LAFCo (Diallo)
6.3 MAYOR & COUNCILMEMBER COMMENT(S)
7. ADJOURNMENT
/Teresa Vargas/
Teresa Vargas, MMC
Government Services Director
City Clerk
9 PAGE LEFT
INTENTIONALLY
BLANK
10 ITEM 4. 2
CITY OF LATHROP
CITY COUNCIL REGULAR MEETING
MONDAY, OCTOBER 9, 2023
7: 00 P. M.
COUNCIL CHAMBER, CITY HALL
390 Towne Centre Drive
Lathrop, CA 95330
MINUTES
PLEASE NOTE: There was no C/ osed Session. The Reqular Meetinq beqan at 7: 03 p m•
1. PRELIMINARY
1. 1 CALL TO ORDER - Mayor Dhaliwal called the meeting to order at 7: 03 p. m.
1. 2 ROLL CALL Present: Mayor Dhaliwal; Vice Mayor Akinjo; Councilmembers: Diallo, Lazard and
Torres- O' Callaghan.
Absent: None.
1. 3 INVOCATION - Pastor pon Britton, Grace Community Church, provided the invocation.
1. 4 PLEDGE OF ALLEGIANCE - Pastor pon Britton led the pledge of allegiance.
1. 5 ANNOUNCEMENT( S) BY MAYOR J CITY MANAGER
City Engineer Brad Taylor provided an updated on the realignment of River Islands Parkway and Paradise Road, and related street closures expecting to last approximately seven months. Mr. Taylor advised that additional information could be found on the City' s website, under the Public Works Road Closures and Road Work tab.
1. 6 DECLARATION OF CONFLICT( S) OF INTEREST
Councilmember Lazard declared conflict of interest with Items 4. 17,
4. 18, and 4. 19, due to her employment with Dell' Osso Farms.
Councilmember Diallo declared conflict of interest with Items 4. 17, 4. 18, and 4. 19, due to an agreement with the River Isiands Development.
October 9, 2023 Lathrop City Council Regular Meeting Minutes Page 1 11 2. PRESENTATIONS
2. 1 INTRODUCTION PROCLAMATION HONORING NATIONAL HISPANIC
HERITAGE MONTH
Mayor Dhaliwal, accompanied by the City Council, presented a proclamation honoring National Hispanic Month to members of Our Lady of Guadalupe Parish.
2. 2 QUARTERLY ECONOMIC DEVELOPMENT PRESENTATION
Economic Development Administrator Shelley Burcham provided the presentation covering economic development activity from July 2023 to September 2023.
3. CITIZEN' S FORUM
Jack Varrella, Ashlyn Howard, Ray Bechler, Christina Laughlin ( all in person speakers) and Michael Darby ( zoom speaker) commented on the termination of former Police Chief Ray Bechler; spoke in opposition of the termination.
4. CONSENT CALENDAR
On a motion by Councilmember Torres- O' Callaghan, seconded by Vice Mayor Akinjo, the City Council approved Items 4. 1 through 4. 16, the Consent Calendar, by the following roll call vote, unless otherwise indicated:
Ayes: Akinjo, Diallo, Lazard, Torres- O' Callaghan and Dhaliwal Noes: None
Absent: None
Abstain: None
4. 1 WAIVING OF READING OF ORDINANCES AND RESOLUTIONS
Waived the reading in full of ordinances and resolutions on agenda and adopt by reading of titie only, unless otherwise requested by the Mayor or a Councilmember.
4. 2 APPROVAL OF MINUTES
Approved Minutes for the Regular Council Meeting of August 14, 2023.
4. 3 SECOND READING AND ADOPTION OF ORDINANCE 23- 448 OF THE CITY COUNCIL OF THE CITY OF LATHROP AMENDING TITLE 2
ADMINISTRATION AND PERSONNEL", CHAPTER 2. 36 " PURCHASING October 9, 2023 Lathrop City Council Regular Meeting Minutes Page 2 12 SYSTEM", SECTION 2. 36. 110 " EXCEPTIONS TO PURCHASING PROCEDURES AND LIMITS"
Waived full reading and adopted Ordinance 23- 448 amending Title 2, Chapter 2. 36 " Purchasing System", Section 2. 36. 110 ' Exceptions To Purchasing Procedures and Limits" by adding a new Section (" D") to Allow Cooperative Purchasing Agreements.
4. 4 TREASURER' S REPORT FOR JUNE 2023
Approved Quarterly Treasurer' s Report for June 2023.
4. 5 PLANNING FEE WAIVER REQUEST BY THRIVE CHURCH ( TUP- 23- 105) Adopted Resolution 23- 5381 waiving the Temporary Use Permit application processing and document retention fees for the Thrive Church, in the combined amount of $ 392.
4. 6 APPROVE 2023 FACILITY FEE WAIVER REQUEST FOR LATHROP LITTLE
LEAG U E
Adopted Resolution 23- 5382 approving a Facility Fee Waiver Request from Lathrop Little League for the use of Scott Brooks Gymnasium on October 20, 2023, from 10: 00 a. m. to 10: 00 p. m., for a registration night event.
4. 7 APPROVE 2023 FACILITY FEE WAIVER REQUEST FOR LIFT UP YOUR HEAD THERAPEUTIC GROUP HOMES, INC.
Adopted Resolution 23- 5383 approving a Facility Fee Waiver Request from Lift Up Your Head Therapeutic Group Homes, Inc., for the use of the Lathrop Senior Center on December 16, 2023, from 10: 00 a. m. to 7: 00 p. m., to host a Christmas luncheon.
4. 8 APPROVE THE NAMING OF NEW CITY PARK
Adopted Resolution 23- 5384 naming the new Acres Community Neighborhood Park after Missionary Minnie Lee Cotton.
4. 9 APPROVE CONTRACT WITH HOLT OF CALIFORNIA INC. FOR CITYWIDE
GENERATOR AND FIRE PUMP MAINTENANCE AND APPROVE BUDGET
AMENDMENT
Adopted Resolution 23- 5385 approving a Service Contract with Holt of California lnc. for citywide generator and fire pump maintenance and approve budget amendment.
October 9, 2023 Lathrop City Council Regular Meeting Minutes Page 3 13 4. 10 APPROVE CONTRACT CHANGE ORDER NO. 31 WITH DAVID SILVA, DBA
SILVA LANDSCAPE FOR LANDSCAPE IRRIGATION SYSTEMS
MAINTENANCE SERVICES AND APPROVE BUDGET AMENDMENT
Adopted Resolution 23- 5386 approving a Service Contract Change Order No. 31 with David Silva, ba Silva Landscape for landscape irrigation systems maintenance services and approve budget amendment.
4. 11 APPROVE APPOINTMENT OF A PUBLIC MEMBER TO THE SAN JOAQUIN
AREA FLOOD CONTROL AGENCY BOARD OF DIRECTORS
Adopted Resolution 23- 5387 appointing a public member to the San Joaquin Area Flood Control Agency Board of Directors and to the Enhanced Infrastructure Financing District Public Financing Authority.
4. 12 APPROVE PURCHASE AND INSTALLATION OF SWARCO MCCAIN, INC.
PRODUCTS FOR CITY- WIDE TRAFFIC SYSTEMS AND SAFETY UPGRADES PROJECT, CIP PS 23- 01 AND APPROVE BUDGET AMENDMENT
Adopted Resolution 23- 5388 approving the purchase and installation of Swarco McCain Inc. products for the Citywide Traffic Systems and Safety Upgrades Project, CIP PS 23- 01, and approve budget amendment.
4. 13 AWARD CONSTRUCTION CONTRACT TO DSS COMPANY DBA KNIFE
RIVER CONSTRUCTION FOR CONSTRUCTION OF LOUISE AVENUE AND MCKINLEY AVENUE INTERSECTION IMPROVEMENTS, CIP PS 15- 02 AND
APPROVE BUDGET AMENDMENT
Adopted Resolution 23- 5389 awarding Construction Contract to DSS Company, dba Knife River Construction, for construction of Louise Avenue and McKinley Avenue Intersection Improvements, CIP PS 15- 02 and approve budget amendment.
4. 14 AWARD CONSTRUCTION CONTRACT TO DIRT DYNASTY, INC. FOR CONSTRUCTION OF SIDEWALK INFILL AT " J" STREET AND 5TH STREET INTERSECTION, CIP PS 23- 09
Adopted Resolution 23- 5390 awarding Construction Contract to Dirt Dynasty, Inc., for construction of sidewalk infill at " J" Street and 5th Street intersection, CIP PS 23- 09.
4. 15 ACCEPT PUBLIC IMPROVEMENTS WITH ASSOCIATED CONDITIONS FOR STANFORD PLACE, SPARTAN WAY AT CENTRAL PACIFIC, AND PHASE 1D
PARK IMPROVEMENTS FROM LATHROP LAND ACQUISITION, LLC,
LOCATED WITHIN THE CLSP AREA, AND APPROVE BUDGET
AMENDMENT AND CHANGE ORDERS FOR MAINTENANCE
October 9, 2023 Lathrop City Council Regular Meeting Minutes Page 4 14 Pulled by Vice Mayor Akinjo. A question and answer period ensued. City Engineer Brad Taylor provided additional information.
Adopted Resolution 23- 5391 accepting public improvements with associated conditions for Stanford Piace, Spartan Way at Central Pacific, and Phase 1D Park improvements from Lathrop Land Acquisition, LLC, located within the CLSP Area, approving related budget amendment and contract change orders for maintenance services.
4. 16 CREATE CIP PK 24- 26, EAGLE' S LANDING PARK, APPROVE REIMBURSEMENT AGREEMENT WITH D. R. HORTON, AND APPROVE
BUDGET AMENDMENT FOR NEIGHBORHOOD PARK WITHIN TRACT 4151 Pulled by Vice Mayor Akinjo. A question and answer period ensued. City Engineer Brad Taylor provided additional information.
Adopted Resolution 23- 5392 creating CIP PK 24- 26, Eagle' s Landing Park, approving Reimbursement Agreement with D. R. Horton, and approving budget amendment for Neighborhood Park within Tract 4151.
RIVER ISLANDS DEVELOPMENT CONSENT ITEM( S)
Councilrnember Lazard and Councilmember Diallo recused themselves at 7: 57 p. m., prior to the vote of Items 4. 17, 4. 18 and 4. 19, due to declared conflict of interested as noted on Item 1. 6.
On a motion by Mayor Dhaliwal, seconded by Vice Mayor Akinjo, the City Council approved Items 4. 17, 4. 18 and 4. 19, by the following roll call vote, unless otherwise indicated:
Ayes: Akinjo, Torres- O' Callaghan and Dhaliwal
Noes: None
Absent: None
Abstain: Diallo and Lazard
4. 17 RESCIND PREVIOUS APPROVAL AND APPROVE MODIFIED FINAL MAP FOR TRACT 4131 VILLAGE KK" AND SUBDIVISION IMPROVEMENT
AGREEMENT FOR 75 LOTS WITHIN OLD RIVER DISTRICT OF RIVER
ISLANDS
Pulled by Vice Mayor Akinjo. A question and answer period ensued. City Engineer Brad Taylor provided additional information.
Adopted Resolution 23- 5393 rescinding previous approval and approved modified Final Map for Tract 4131 Village " KK" within the Old River District, totaling 75 multi- family lots, and Subdivision Improvement Agreement with River Islands Stage 2B, LLC.
October 9, 2023 Lathrop City Council Regular Meeting Minutes Page 5 15 4. 18 APPROVE FINAL MAP, AND SUBDIVISION IMPROVEMENT AGREEMENT FOR 95 LOTS IN TRACT 4130 VILLAGE " II" WITHIN OLD RIVER
DISTRICT OF RIVER ISLANDS
Adopted Resolution 23- 5394 approving Final Map for Tract 4130 Village ' II" within the Old River District, totaling 95 single- family lots, and Subdivision Improvement Agreement with River Islands Stage 2B, LLC.
4. 19 APPROVE FINAL MAP, CFD ANNEXATION, AND SUBDIVISION IMPROVEMENT AGREEMENT FOR 29 LOTS IN TRACT 4173 VILLAGE 41 UNIT 1 WITHIN LAKE HARBOR WEST DISTRICT OF RIVER ISLANDS Adopted Resolution 23- 5395 approving Final Map for Tract 4173 Village 41 Unit 1 within the Lake Harbor West District, totaling 29 singlefamily lots, annexation into CFD 2023- 1, and Subdivision Improvement Agreement with River Islands Development Area 1, LLC.
Councilmember Lazard and Counci/ member Diallo returned to the dais at 8: 00 p. m.
5. SCHEDULED ITEMS
Please Note - A discussion item was noticed for a Public Hearing to consider an ordinance to amend the Lathrop Municipa/ Code Title 2 ( Administration and Personnel), Chapter 2. 04 ( City Council), Section z. 04. 020 ( Compensation of Crty Council), to increase City Council Compensation in Accordance with new Senate Bill 3z9 ( Dodd). This item was pulled by staff prior to the publication of the agenda.
Therefore, there was no action taken by the City Council on the matter.)
5. 1 PUBLIC HEARING ( PUBLISHED NOTICE) TO CONSIDER THE GENERAL PLAN AND ZONING CONSISTENCY PROJECT ( TA- 23- 93)
Community Development Director Rick Caguiat provided the presentation, which included a
summary of the proposed text
amendment, analysis overview, amendments and modifications to the related zoning map( s) and zoning requirements of the Lathrop Municipal Code, CEQA, amongst other related matters. Mayor Dhaliwal opened the public hearing. Adriana Lopez ( zoom speaker) expressed concern with amendments being exempt from further environmental review, asked for additional clarification. Mr. Caguiat provided additional information.
There were no other spea4cers. Mayor Dh liwal closed the public hearing.
A brief question and answer period ensued amongst City Council and staff.
October 9, 2023 Lathrop City Council Regular Meeting Minutes Page 6 16 On a motion by Vice Mayor Akinjo, seconded by Counciimember Diallo, the City Council considered the following:
1. Held a public hearing;
2. Adopted Resolution 23- 5396 finding the project exempt from further Environmental Review pursuant to Public Resources Code Section 21083. 3 and California Environmental Quality Act ( CEQA) Guidelines Section 15183;
3. Adopted Resolution 23- 5397 amending the Mossdale Landing and Mossdale Landing South Urban Design Concepts ( UDC' s) for consistency with the 2022 Lathrop General Plan Update; and
4. Waived first reading in full and introduced an ordinance amending the Lathrop Zoning Map, modifying Title 10 ( Vehicles and Traffic) of the Lathrop Municipal Code, and adopting various amendments to Title 17 ( Zoning) of the Lathrop Municipal Code for consistency with the 2022 Lathrop General Plan Update.
Ayes: Akinjo, Diallo and Dhaliwal
Noes: Lazard and Torres- O' Callaghan
Absent: None
Abstain: None
5. 2 PUBLIC HEARING ( PUBLISHED NOTICE) TO CONSIDER THE CENTRAL LATHROP SPECIFIC PLAN PHASE 2 AMENDMENT AND CODE TEXT
AMENDMENT NO. TA- 23- 104
Community Development Director Rick Caguiat introduced City Planning Consultant David Niskanen with JB Anderson Planning. Mr. Niskanen provided the presentation, which included a summary of the Central Lathrop Specific Plan ( CLSP) Phase 2 Amendment, development project background, proposed land use map, land use summary, landscape buffer along the north side of Dos Reis Road, vehicular circulation plan, pedestrian and bike circulation plan, existing and proposed truck route( s), design guidelines, code text amendment, CEQA, Planning Commission determination and recommendation, amongst other related matters. Mr. Niskanen also announced public comment letter, dated September 28, 2023, received from Manteca Unified School District MUSD) in support of the proposed project, in which they expressed the project design requirements ensured minimal impacts to MUSD schools within the project area. A question and answer period ensued following the presentation. The City Council held a discussion regarding truck routes, and potentially postponing Item 5. 2 until the truck routes matter could be discussed. Vice Mayor Akinjo spoke against delaying Item 5. 2.
City Council consensus directed staff to bring back an amendment to the existing truck routes at the next regular City Council Meeting.
October 9, 2023 Lathrop City Council Regular Meeting Minutes Page 7 17 Mayor Dhaliwal opened the public hearing. Trevor Smith ( in person speaker) with TS Planning & Development, representing Lathrop property owner Sam Chahal, spoke in support of the proposed project.
Alicia Guerra ( in person speaker) with Buchalter Law Firm, representing the appiicant, provided additional project information. A question and answer period ensued. City Manager Stephen Salvatore and City Attorney Salvador Navarrete provided additional information. Kara Herrick ( in person speaker) requested additional information regarding the project and impacts to property owners within the area. Mr. Caguiat provided additional information. Ben Ritchie ( zoom speaker), Principal with De Novo Planning Group, made himself available for questions related to the project. Adriana Lopez ( zoom speaker) requested additional information related to CEQA requirements. There were no other speakers. Mayor Dhaliwal closed the public hearing. The question and answer period continued amongst the City Council.
On a motion by Councilmember Diallo, seconded by Councilmember Lazard, the City Council directed staff to continue Item 5. 2 to the Regular Meeting of November 13, 2023. Additionally, the City Council:
1. Held a public hearing;
2. Continued Adoption of a Resolution finding the Project Exempt from Further Environmental Review Pursuant to Public Resources Code Section 21083. 3 and California Environmental Quality Act CEQA) Guidelines Section 15183; and
3. Continued the First Reading and Introduction of an Ordinance to Approve the Central Lathrop Specific Plan ( CLSP) Phase 2 Amendment and Code Text Amendment to Modify Chapter 17. 62, Central Lathrop Zoning Districts to add Article 6, IL- CL: Limited Industrial Zoning Districts and Modify Section 17. 62. 120 B of the Lathrop Municipal Code, to the Regular Meeting of November 13, 2023, by the following roil call vote:
Ayes: Diailo, Lazard and Torres- O' Callaghan and Dhaliwal Noes: Akinjo
Absent: None
Abstain: None
5. 3 PUBLIC HEARING ( PUBLISHED NOTICE) TO CONSIDER CONDITIONAL USE PERMIT NO. CUP- 23- 08 AND SITE PLAN REVIEW NO. SPR- 23- 09
FOR THE ASHLEY FURNITURE PROJECT
City Attorney Salvador l lavarrete recommended that the City Council consider the noticed public hearing and hear potential public testimony related to Item 5. 3.
October 9, 2023 Lathrop City Council Regular Meeting Minutes Page 8 18 Community Development Director Rick Caguiat introduced public comment letter from Lozeau Drury, LLP, dated October 6, 2023, requesting the City Council to refrain from approving the project; public comment letter, dated September 28, 2023, from MUSD in support of mitigation measures that would lessen impacts to related MUSD sites; and public comment letter, dated October 9, 2023, from Alicia Guerra with Buchalter, in support of the project and additional information CEQA exemption. Mayor Dhaliwai opened the public hearing. Marjan Arubo ( zoom speaker) representing LIUNA, requesting the City Council to refrain from approving the project, citing additional CEQA review requirements. There were no other speakers. Mayor Dhaliwal closed the public hearing. A brief question and answer period ensued amongst City Council and staff.
On a motion by Mayor Dhaliwal, seconded by Councilmember Diallo, the City Council directed staff to continue Item 5. 3 to the Regular Meeting of November 13, 2023. Additionally, the City Council:
1. Held a Pubiic Hearing;
2. Continued Adoption of a Resolution finding the Project Exempt from Further Environmental Review Pursuant to Public Resources Code Section 21083. 3 and California Environmental Quality Act CEQA) Guidelines Section 15183; and
3. Continued Adoption of a Resolution approving a Conditional Use Permit and Site Plan Review for the Ashley Furniture Project to Aliow for the Construction of an Approximately 1. 5 Million Square Foot Concrete Tilt- Up Building Located within the Central Lathrop Specific Plan Phase 2 Area, to the Regular Meeting of November 13, 2023, by the foliowing roll call vote:
Ayes: Diailo, Lazard, Torres- O' Callaghan and Dhaliwal Noes: Akinjo
Absent: None
Abstain: None
Mayor Dhaliwal provided a brief recess from 9: 23 p. m. to 9: 33 p. m.
5. 4 PUBLIC HEARING ( PUBLISHED NOTICE) TO CONSIDER ADOPTING AN ORDINANCE AMENDING THE LATHROP MUNICIPAL CODE TITLE 12
STREETS, SIDEWALKS AND PUBLIC PLACES", CHAPTER 12. 12
IMPROVEMENTS AND DEDICATIONS", SECTION 12. 12. 060
IMPROVEMENTS TO EXISTING BUILDINGS"
City ngineer Brad Taylor pro rided the presentation, provided that the proposed Municipal Code Text Amendment aimed to modify Lathrop Municipal Code Section 12. 12. 060, expanding the types of development subject to public improvements if specific criteria are met. Mayor Dhaliwal opened the public hearing. There were no speakers. Mayor Dhaliwal closed the public hearing.
October 9, 2023 Lathrop City Council Regular Meeting Minutes Page 9 19 A question and answer period followed. City Manager Stephen Salvatore, City Engineer Brad Taylor, and City Attorney Salvador Navarrete provided additional information.
Mayor Dhaliwal stepped down from the dais at 9: 57 p. m. to 9: 59 p. m.
The question and answer period continued.
On a motion by Councilmember Torres- O' Callaghan, seconded by Councilmember Diallo, the City Councii considered the following:
l. Hold a Pubiic Hearing; and
2. Waived first reading in full and introduced an ordinance amending Title 12. ' Streets, Sidewalks and Public Places", Chapter 12. 12 Improvements and Dedications", Section 12. 12. 060
Improvements to Existing Buildings" to modify the language to require frontage improvements upon addition of improvements to existing sites, with the exemption that any improvements done by homeowners to their primary dwelling units shall be excepted from application of the provisions of this chapter, by the following roll call vote:
Ayes: Diallo, Torres- O' Callaghan and Dhaliwal
Noes: Akinjo and Lazard
Absent: None
Abstain: None
5. 5 REVIEW AND CONSIDER TRAFFIC SAFETY ENHANCEMENT OPTIONS
FOR RIVER ISLANDS PARKWAY AT THE INTERSECTIONS OF BOSCH AVENUE AND IMPERIAL DRIVE, CIP PS 24- 07
Assistant City Manager Michael King and City Engineer Brad Taylor provided the presentation. A question and answer period followed. Chief of Police Stephen Sealy provided additional information, and expressed support for the options presented. City Manager Stephen Salvatore also provided additional information. In person speaker ( name not provided) commented on the matter, expressed traffic safety concerns, and opposed the installation of a pedestrian beacon.
On motion by Mayor Dhaliwai, seconded by Councilmember Diailo, the City Council considered options for traffic safety enhancement for River Islands Parkway, at the intersections of Bosch Avenue and Imperial Drive, CIP PS 24- 07, and approved four- way stop signs with botts' bots raised pavement markers) and related improvements on Imperial Drive and Bosch Avenue.
October 9, 2023 Lathrop City Council Regular Meeting Minutes Page 10 20 Ayes: Akinjo, Diallo, Lazard, Torres- O' Callaghan and Dhaliwal Noes: None
Absent: None
Abstain: None
5. 6 CITY COUNCIL DISCUSSION REGARDING REGULATION AND PERMIT
OPTIONS FOR HOOKAH LOUNGE
Community Development Director Rick Caguiat provided the presentation, which included a summary of related regulations for hookah lounge establishments, amongst other related matters. A question and answer period followed the presentation. Mansoor Fazel in person speaker) commented on the matter; spoke in support of hookah lounge establishments. The question and answer period continued. The City Council expressed the need for additional information. The City Council received information, discussed the matter, and considered whether to prepare an ordinance for review by the Planning Commission, and subsequent consideration of the City Council, for regulation and permit options for hookah lounge establishments. No further action taken.
5. 7 FISCAL YEAR ( FY) 2022- 23 YEAR- END BUDGET REPORT AND RELATED AMENDMENTS AND AMENDMENTS TO THE FISCAL YEAR 2023- 24
BUDGET
Deputy City Manager Thomas Hedegard and Finance Director Cari James provided the presentation. On a motion by Mayor Dhaliwal, seconded by Councilmember Lazard, the City Council adopted Resolution 23- 5398 approving the FY 2022- 23 Year- End Report, related budget amendments, and amending the FY 2023- 24 Budget.
Ayes: Akinjo, Diallo, Lazard, Torres- O' Callaghan and Dhaliwal Noes: None
Absent: None
Abstain: None
6. COUNCIL COMMUNICATIONS
6. 1 MAYOR & COUNCILMEMBER COMMITTEE REPORT( S)
Vice Major Akinjo reported attendance to public meetings and activities of the San ) oaquin Area Flood Control Agen y.
6. 2 MAYOR & COUNCILMEMBER COMMENT( S)
Councilmember Torres- O' Callaghan wished everyone a happy fall break.
October 9, 2023 Lathrop City Council Regular Meeting Minutes Page 11 21 Councilmember Diallo reported attendance to the Annual CalCities Conference; expressed appreciation and support to newiy appointed Police Chief Sealy. Chief Sealy expressed the unwavering dedication of the Police Department staff to the Lathrop community. Other Councilmembers made similar supportive comments. Councilmembers thanked those in attendance and expressed appreciation for the public participation.
7. AD) OURNMENT — There being no further business, Mayor Dhaliwal adjourned the meeting at 11: 04 p. m.
Teres Vargas, MMC,
v nment Services rector
City Clerk
October 9, 2023 Lathrop City Council Regular Meeting Minutes Page 12 22 CITY OF LATHROP
CITY COUNCIL REGULAR MEETING
MONDAY, NOVEMBER 13, 2023
7: 00 P. M.
COUNCIL CHAMBER, CITY HALL
390 Towne Centre Drive
Lathrop, CA 95330
MINUTES
PLEASE NOTE: There was a Closed Session, which commenced at 5: 32 a.m. The ReQular Meetin4 reconvened at 7:10 n. m.
i. PRELIMINARY
1. 1 CALL TO ORDER - Mayor Dhaliwa) called the meeting to order at 5: 32 p. m.
1. 2 CLOSED SESSION
1. 2. 1 CONFERENCE WITH LEGAL COUNSEL: Anticipated Litigation - Significant Exposure to Litigation Pursuant to Government Code Section 54956. 9( b) and 54956. 9( e)( 1)
1 Potential Case( s)
1. 2. 2 CONFERENCE WITH LABOR NEGOTIATOR Pursuant to
Government Code Section 54957. 6
Agency Negotiator: Stephen J. Salvatore, City Manager
Unrepresented Employee: Stephen Sealy, Interim Police Chief
1. 2. 3 CONFERENCE WITH LABOR NEGOTIATOR Pursuant to
Government Code Section 54957. 6
Agency Negotiator: Thomas Hedegard, Deputy City Manager Unrepresented Employee: Stephen J. Salvatore, City Manager
1. 2. 4 CONFERENCE WITH LABOR NEGOTIATOR Pursuant to
Government Code Section 54957. 6
Agency Negotiator: Stephen J. Salvatore, City Manager
Employee Organization: Lathrop Police Officer' s Association
1. 2. 5 CONFERENCE WITH LEGAL COUNSEL Existing Litigation Pursuant to Government Code 54956. 9( a)
City of Lathrop vs. 3M Company, et. al., United States District Court of South Carolina, Charleston Division, Master pocket No. 2: 18- mn- 2873- RMG
RECONVENE - Mayor Dhaliwal reconvened the meeting at 7: 10 p. m.
November 13, 2023 Lathrop City Council Regular Meeting Minutes Page 1 23 1. 2. 6 REPORT FROM CLOSED SESSION
City Attorney Salvador Navarrete reported that the City Council met in Closed Session pursuant to Item 1. 2; provided staff with appropriate direction; in regards to Item 1. 2. 5, the City Council voted 5- 0 to participate in National Settlement. No other reportable action taken.
1. 3 ROLL CALL Present: Mayor Dhaliwal; Vice Mayor Akinjo Councilmembers: Diallo, Lazard, and
Torres- O' Callaghan.
Absent: None.
1. 4 INVOCATION - Reverend Lu Davis provided the invocation.
1. 5 PLEDGE OF ALLEGIANCE - Reverend Lu Davis led the pledge of allegiance.
1. 6 ANNOUNCEMENT( S) BY MAYOR / CITY MANAGER
City Engineer Brad Taylor announced a virtual and in person Public Workshop regarding ADA Accessibility, scheduled for November 14, 2023 at 6 p. m. at City Hall Council Chamber and Zoom.
1. 7 INFORMATIONAL ITEM( S) - None
1. 8 DECLARATION OF CONFLICT( S) OF INTEREST
Councilmember Lazard declared a conflict of interest with Items 4. 15,
4. 16, and 4. 17, due to her employment with Dell' Osso Farms.
Councilmember Diallo declared a conflict of interest with Items 4. 15,
4. 16, and 4. 17, due to an agreement with the River Islands Development.
2. PRESENTATIONS
2. 1 PROCLAMATION DECLARING NOVEMBER AS SIKH AWARENESS AND
APPRECIATION MONTH
Mayor Dhaliwal, accompanied by the City Council, presented a proclamation declaring November as Sikh Awareness and Appreciation Month.
2. 2 PRESENTATION TO PROVIDE UPDATES ASSOCIATED WITH CAMERA SYSTEMS FOR CITY PARKS, CIP GG 22- 35 AND TRAFFIC TECHNOLOGY, CIP PS 23- 01
November 13, 2023 Lathrop City Council Regular Meeting Minutes Page 2 24 At the request of staff, Item 2. 2 was pulled from the agenda, and rescheduled to the next Regular City Council Meeting.
3. CITIZEN' S FORUM
Gavin Cline ( in person speaker), Legislative Representative for Congress Member John Duarte, provided an overview of various legislative updates and activities for California' s 13th District. Tosh Ishihara ( in person speaker) expressed appreciation to staff for the Veteran' s Day celebration. Paul Camarena ( in person speaker) requested an updated on the Valley Link Rail Project. City Manager Stephen Salvatore provided additional information and noted that a project update would be provided during the December Regular Meeting. Jose Aguilar ( in person speaker) expressed concern with overgrown landscape along the levee areas. Alex Hui ( in person speaker) expressed concern with traffic management along the areas of River Islands Parkway; expressed concern with four- way stop signs; expressed support for roundabouts or other forms of traffic management.
4. CONSENT CALENDAR
On a motion by Councilmember Torres- O' Callaghan, seconded by Councilmember Lazard, the City Council approved Items 4. 1 through 4. 14, by the following roll call vote, unless otherwise indicated:
Ayes: Akinjo, Diallo, Lazard, Torres- O' Callaghan and Dhaliwal Noes: None
Absent: None
Abstain: None
4. 1 WAIVING OF READING OF ORDINANCES AND RESOLUTIONS
Waived the reading in full of ordinances and resolutions on agenda and adopt by reading of title only, unless otherwise requested by the Mayor or a Councilmember.
4. 2 APPROVAL OF MINUTES
Approved Minutes for the Regular Council Meeting of September 11, 2023.
4. 3 SECOND READING AND ADOPTION OF ORDINANCE 23- 449 OF THE CITY
COUNCIL OF THE CITY OF LATHROP AMENDING THE LATHROP ZONING MAP, MODIFYING TITLE 10 ( VEHICLES AND TRAFFIC) OF THE LATHROP
MUNICIPAL CODE, AND ADOPTING VARIOUS AMENDMENTS TO TITLE 17 ( ZONING) OF THE LATHROP MUNICIPAL CODE FOR CONSISTENCY WITH THE 2022 LATHROP GENERAL PLAN UPDATE ( TA- 23- 93) November 13, 2023 Lathrop City Council Regular Meeting Minutes Page 3 25 Waived full reading and adopted Ordinance 23- 449 amending the Lathrop Zoning Map, modifying Title 10 ( Vehicles and Traffic) of the Lathrop Municipal Code, and adopting various amendments to Title 17 Zoning) of the Lathrop Municipal Code for consistency with the 2022 Lathrop General Plan Update ( TA- 23- 93).
4. 4 SECOND READING AND ADOPTION OF ORDINANCE 23- 450 OF THE CITY
COUNCIL OF THE CITY OF LATHROP AMENDING LATHROP MUNICIPAL CODE TITLE 12 " STREET, SIDEWALKS AND PUBLIC PLACES", CHAPTER
12. 12 IMPROVEMENTS AND DEDICATIONS", SECTION 12. 12. 060 IMPROVEMENTS TO EXISTING BUILDINGS" TO MODIFY LANGUAGE TO
REQUIRE FRONTAGE IMPROVEMENTS UPON ADDITION OF
IMPROVEMENTS TO EXISTING SITES
Waived full reading and adopted Ordinance 23- 450 amending Lathrop Municipal Code Title 12 " Street, Sidewalks and Public Places", Chapter
12. 12 Improvements and Dedications", Section 12. 12. 060 Improvements to Existing Buildings" modifying language to require frontage improvements upon addition of improvements to existing sites.
4. 5 OUT- OF- STATE TRAVEL APPROVAL FOR CITY STAFF TO PARTICIPATE IN THE IAMC SPRING FORUM IN APRIL 2024 AND ICSC SHOW IN MAY 2024 Adopted Resolution 23- 5399 authorizing out of state travel for city staff to attend and represent the City of Lathrop as follows:
1. Economic Development Administrator attendance at the Industrial Asset Management Council' s Spring Forum in
Greenville, South Carolina, April 6, 2024 - April 10, 2024; and
2. Economic Development Administrator and Community
Development Director attendance at the Innovating
Commerce Serving Communities Conference in Las Vegas,
Nevada, May 19, 2024 - May 22, 2024.
4. 6 COMMUNITY FACILITIES DISTRICTS ANNUAL BOND ACCOUNTABILITY REPORT FOR FY 2022- 23
Received Report for Bonded and Non- Bonded Community Facilities Districts.
4. 7 APPROVE ANNUAL REVIEW AND ADOPTION OF THE CITY' S INVESTMENT POLICY
Adopted Resolution 23- 5400 approving the Annual Investment Policy for Fiscal Year 2023- 24.
November 13, 2023 Lathrop City Council Regular Meeting Minutes Page 4 26 4. 8 APPROVE TEMPORARY STREET CLOSURE FOR THE LATHROP CHRISTMAS PARADE ON DECEMBER 9, 2023 FOR THOMSEN ROAD,
CAMBRIDGE DRIVE, J STREET, AND 5T" STREET
Adopted Resolution 23- 5401 approving temporary street closures for the Lathrop Christmas Parade on December 9, 2023, for Thomsen Road, Cambridge Drive, J Street, and 5th Street.
4. 9 APPROVE 2024 FACILITY FEE WAIVER REQUESTS FOR LATHROP LITTLE
LEAGUE, LATHROP COMMUNITY VOLUNTEER CLUB, LATHROP LIONS
CLUB, LATHROP SUNRISE ROTARY, ALCOHOLICS ANONYMOUS, NEW LATHROP NEIGHBORHOOD WATCH, MITRA USA, AND LIFf YOUR HEAD UP THERAPEUTIC GROUP HOMES, INC.
Adopted Resolution 23- 5402 approving Facility Fee Waiver request from Lathrop Little League;
Adopted Resolution 23- 5403 approving Facility Fee Waiver request from Lathrop Community Volunteer Club;
Adopted Resolution 23- 5404 approving Facility Fee Waiver request from Lathrop Lions Club;
Adopted Resolution 23- 5405 approving Facility Fee Waiver request from Lathrop Sunrise Rotary;
Adopted Resolution 23- 5406 approving Facility Fee Waiver request from Alcoholics Anonymous;
Adopted Resolution 23- 5407 approving Facility Fee Waiver request from New Lathrop Neighborhood Watch;
Adopted Resolution 23- 5408 approving Facility Fee Waiver request from Mitra USA; and
Adopted Resolution 23- 5409 approving Facility Fee Waiver from Lift Your Head Up Therapeutic Group Homes, Inc.
4. 10 APPROVE PURCHASE OF TWO NEW POLICE VEHICLES, APPROVAL OF CHANGE ORDER NO. 4 WITH NEXTGEN ALPHA UPFITTING
Adopted Resolution 23- 5410 approving purchase of two ( 2) 2023 Police Chevrolet Tahoes from American Chevrolet of Modesto, and approving Change Order No. 4 with NextGen Alpha Upfitting for the purchase and installation of police vehicle equipment.
4. 11 APPROVE PROFESSIONAL CONSULTING SERVICES AGREEMENT WITH
DOKKEN ENGINEERING TO COMPLETE THE PROJECT INITIATION
DOCUMENT PHASE FOR THE ROTH ROAD AND I- 5 INTERCHANGE, CIP PS 14- 04
November 13, 2023 Lathrop City Council Regular Meeting Minutes Page 5 27 Adopted Resolution 23- 5411 approving a Professional Consulting Services Agreement with Dokken Engineering to complete the project initiation document phase for the Roth Road and I- 5 Interchange, CIP PS 14- 04.
4. 12 ACCEPT PUBLIC IMPROVEMENTS ASSOCIATED WITH EP NO. 2019- 35, LOCATED AT 231 AND 240 TOWNE CENTRE DRIVE FROM BLUE
MOUNTAIN CONSTRUCTION SERVICES, INC.
Adopted Resolution 23- 5412 accepting public improvements associated with Encroachment Permit No. 2019- 35, located at 231 and 240 Towne Centre Drive, from Blue Mountain Construction Services, Inc.
4. 13 ACCEPT PUBLIC IMPROVEMENTS ASSOCIATED WITH EP NO. 2022- 133, LOCATED ON MOSSDALE ROAD FROM BROWN SAND, INC.
Pulled by Vice Mayor Akinjo. A question and answer period ensued. City Engineer Brad Taylor provided additional information.
Adopted Resolution 23- 5413 accepting public improvements associated with Encroachment Permit No. 2022- 133, located on Mossdale Road from Brown Sand, Inc.
4. 14 RATIFY THE PURCHASE OF AUTOMATIC LICENSE PLATE RECOGNITION
SURVEILLANCE SYSTEM SOFTWARE AND HARDWARE FROM VIGILANT SOLUTIONS, LLC. FOR CIP GG 19- 07 CITYWIDE SURVEILLANCE SYSTEM Adopted Resolution 23- 5414 ratifying purchase of Automatic License Plate Recognition Surveillance System Software and Hardware from Vigilant Solutions, LLC, for CIP GG 19- 07 Citywide Surveillance System.
RIVER ISLANDS DEVELOPMENT CONSENT ITEM( S)
Councilmember Lazard and Councilmember Diallo recused themselves at 7: 33 p. m., following the vote of the consent calendar, prior to the vote of Item 4. 15, Item 4. 16, and Item 4. 17 due to declared conflict of interested as noted on Item 1. 8.
On a motion by Vice Mayor Akinjo, seconded by Councilmember TorresO' Callaghan, the City Council approved Items 4. 15, 4. 16 and 4. 17, by the following roll call vote, unless otherwise indicated:
Ayes: Akinjo, Torres- O' Callaghan and Dhaliwal
Noes: None
Absent: None
Abstain: Diallo and Lazard
November 13, 2023 Lathrop City Council Regular Meeting Minutes Page 6 28 4. 15 APPROVE AGREEMENT BETWEEN THE CITY OF LATHROP AND RIVER
ISLANDS ACADEMIES TO PROVIDE SCHOOL RESOURCE OFFICER
SERVICES
Adopted Resolution 23- 5415 approving agreement between the City of Lathrop and River Islands Academies to provide School Resource Officer Services for the 2023- 2024 School Year.
4. 16 APPROVE ABANDONMENT OF RECYCLED WATERLINE EASEMENT IN THE
RIVER ISLAND DEVELOPMENT AREA
Pulled by Vice Mayor Akinjo. A question and answer period ensued. City Engineer Brad Taylor provided additional information.
Adopted Resolution 23- 5416 approving abandonment of Recycled Waterline Easement in the River Islands Development Area ( a portion of APNs 213- 110- 03; 213- 210- 06; 213- 220- 01 thru 04; 213- 300- 01 and 02).
4. 17 ACCEPT PUBLIC IMPROVEMENTS FOR VILLAGES IN THE STAGE 2A AND 2B AREAS OF THE RIVER ISLANDS PROJECT FROM RIVER ISLANDS
DEVELOPMENT, LLC
Adopted Resolution 23- 5417 accepting public improvements for Villages in the Stage 2A and 2B Areas of the River Islands project from River Islands Development, LLC.
Councilmember Lazard and Councilmember Diallo returned to the dais at 7: 36 p. m.
5. SCHEDULED ITEMS
City Council consensus directed staff to present Item 5.6, before Item 5.1.
Scheduled Items were presented in the following order: 5. 6, 5. 1, 5.2, 5. 3, and 5. 5.
Following the vote of Item 5.6, prior to Item 5. 1, Councilmember Diallo left for the remainder of the meeting at 7: 55 p. m.
5. 1 PUBLIC HEARING ( PUBLISHED NOTICE) TO CONSIDER APPROVING
CITYWIDE TRUCK ROUTE LISTING PURSUANT TO LATHROP MUNICIPAL CODE 10. 16. 030
Assistant City Manager Michael King provided the presentation. A question and answer period ensued thought the presentation. Mayor Dhaliwal opened the public hearing. There were no speakers. Mayor Dhaliwal closed the public hearing.
November 13, 2023 Lathrop City Council Regular Meeting Minutes Page 7 29 On a motion by Vice Mayor Akinjo, seconded by Mayor Dhaliwal, the City Council:
1. Held a Public Hearing; and
2. Adopted Resolution 23- 5419 approving Citywide Truck Route Listing Pursuant to Lathrop Municipal Code
10. 16. 030
Ayes: Akinjo, Lazard, Torres- O' Callaghan and Dhaliwal Noes: None
Absent: Diallo
Abstain: None
5. 2 CONTINUED DISCUSSION FROM OCTOBER 9, 2023 REGULAR MEETING REGARDING THE CENTRAL LATHROP SPECIFIC PLAN PHASE 2
AMENDMENT AND CODE TEXT AMENDMENT NO. TA- 23- 104
Community Development Director Rick Caguiat and City Planning Consultant David Niskanen with JB Anderson Planning, provided a summary of the continued discussions from the October 9, 2023 Regular Meeting. The Public Hearing was held during the October 9, 2023 Regular Meeting. PJ Khinda ( in person attendee and Lathrop property owner) requested to express his support for approval of the project.
On a motion by Vice Mayor Akinjo, seconded by Mayor Dhaliwal, the City Council considered the following:
1. Testimony presented during the public hearing held
October 9, 2023;
2. Adopted Resolution 23- 5420 finding the project exempt from further Environmental Review pursuant to Public
Resources Code Section 21083. 3 and California
Environmental Quality Act ( CEQA) Guidelines Section
15183; and
3. Waived first reading and introduce ordinance approving the Central Lathrop Specific Plan ( CLSP) Phase 2 Amendment and Code Text Amendment to modify Chapter 17. 62,
Central Lathrop Zoning Districts to add Article 6, IL- CL, Limited Industrial Zoning Districts and modify Section
17. 62. 120 B of the Lathrop Municipal Code.
Ayes: Akinjo, Lazard, Torres- O' Callaghan and Dhaliwal Noes: None
Absent: Diallo
Abstain: None
November 13, 2023 Lathrop City Council Regular Meeting Minutes Page 8 30 5. 3 CONTINUED DISCUSSION FROM OCTOBER 9, 2023 REGULAR MEETING REGARDING CONDITIONAL USE PERMIT NO. CUP- 23- O8 AND SITE PLAN REVIEW NO. SPR- 23- 09 FOR THE ASHLEY FURNITURE PROJECT Community Development Director Rick Caguiat and City Planning Consultant David Niskanen with JB Anderson Planning, provided a summary of the continued discussions from the October 9, 2023 Regular Meeting. The Public Hearing was held during the October 9, 2023 Regular Meeting. A question and answer period followed the presentation. At the request of Vice Mayor Akinjo, Sean Asmus ( in person speaker and Applicant) with the Hodgdon Group Realty, Inc. provided additional project information. Christina Laughing ( zoom speaker) requested to express her concerns regarding the proposed project. Brian Flynn ( zoom speaker) with Lozeau Drury, LLP, requested to express his opposition to the proposed project. Alicia Guerra ( in person speaker) with Buchalter Law Firm, representing the applicant, requested to provide additional project information. At the request of Community Development Director Rick Caguiat, Steve Mayo with the San Joaquin Council of Governments, was asked to provide information related to multispecies wildlife requirements.
On a motion by Mayor Dhaliwal, seconded by Councilmember Lazard, the City Council considered the following:
1. Testimony presented during the public hearing held
October 9, 2023;
2. Adopted Resolution 23- 5421 finding the Project Exempt from further Environmental Review pursuant to Public
Resources Code Section 21083. 3 and California
Environmental Quality Act ( CEQA) Guidelines Section
15183; and
3. Adopted Resolution 23- 5422 approving a Conditional
Use Permit and Site Plan Review for the Ashley Furniture Project to allow for the construction of an approximately
1. 5 Million square foot concrete tilt- up building located within the Central Lathrop Specific Plan Phase 2 Area.
Ayes: Akinjo, Lazard and Dhaliwal
Noes: Torres- O' Callaghan
Absent: Diallo
Abstain: None
Following the vote of Item 5.3, prior to Item 5.4, Councilmember Lazard left for the remainder of the meeting at 8: 47 p. m.
5. 4 PUBLIC HEARING ( PUBLISHED NOTICE) TO CONSIDER THE 2024
SJMSCP DEVELOPMENT FEE ANNUAL ADJUSTMENT
November 13, 2023 Lathrop City Council Regular Meeting Minutes Page 9 31 Community Development Director Rick Caguiat provided the presentation. A question and answer period followed. Mayor Dhaliwal opened the public hearing. There were no speakers. Mayor Dhaliwal closed the public hearing.
On a motion by Councilmember Torres- O' Callaghan, seconded by Vice Mayor Akinjo, the City Council considered the following:
1. Held a public hearing; and
2. Adopted Resolution 23- 5423 approving an Annual
Adjustment to the San Joaquin County Multi- Species
Habitat Conservation and Open Space Plan ( S] MSCP)
Development Fee for 2024
Ayes: Akinjo, Torres- O' Callaghan and Dhaliwal
Noes: None
Absent: Diallo and Lazard
Abstain: None
5. 5 PUBLIC HEARING ( PUBLISHED NOTICE) OF THE CITY COUNCIL TO CONSIDER ISSUANCE OF PHASE 2 REVENUE ANTICIPATION NOTES BY
THE RIVER ISLANDS PUBLIC FINANCING AUTHORITY
Deputy City Manager Thomas Hedegard provided the presentation.
Mayor Dhaliwal opened the public hearing. There were no speakers.
Mayor Dhaliwal closed the public hearing.
On a motion by Vice Mayor Akinjo, seconded by Councilmember TorresO' Callaghan, the City Council considered the following:
1. Held a public hearing; and
2. Adopted Resolution 23- 5424 of the City Council of the City of Lathrop making findings with respect to and
approving the issuance of Phase 2 Revenue Anticipation
Notes by the River Islands Public Financing Authority
Ayes: Akinjo, Torres- O' Callaghan and Dhaliwal
Noes: None
Absent: Diallo and Lazard
Abstain: None
5. 6 PUBLIC HEARING ( PUBLISHED NOTICE) TO CONSIDER ADOPTING AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LATHROP
UPDATING MUNICIPAL CODE SECTION 2. 08. 010, TITLED CITY
MANAGER, TO MODIFY AUTHORITY TO APPOINT AND REMOVE THE
POLICE CHIEF; AND CONSIDER ADOPTING A RESOLUTION AMENDING
THE POLICE CHIEF ) OB DESCRIPTION, UPDATING THE SALARY GRADE
STEP TABLE, AND APPROVING EMPLOYMENT CONTRACT WITH STEPHEN SEALY
November 13, 2023 Lathrop City Council Regular Meeting Minutes Page SO 32 City Attorney Salvador Navarrete provided the presentation. A question answer period followed. Mayor Dhaliwal opened the Public Hearing. Jim Hilson ( in person speaker) expressed support with the proposed changes; expressed concern with police officers potentially leaving the department. Paul Camarena ( in person speaker) requested additional information regarding cities with the same reporting structure as the one being proposed; expressed support in keeping the existing structure; and support for the City Manager. Ben Jex ( in person speaker) expressed concern with the Police Chief Position become a politically influenced positon. Reverend Lu Davis ( in person speaker) expressed support for the City Council, City Manager and newly appointed Police Chief; expressed gratitude for the accomplishments of the city and staff.
Bennie Gatto ( in person speaker) expressed support in keeping the existing structure; and support for the City Manager. Christina Laughlin zoom speaker) spoke in support of the proposed changes. Paul Camarena ( in person speaker) requested to provide additional comments; requested additional information regarding placing the agreement on contract.
On a motion by Councilmember Diallo, seconded by Councilmember Lazard, the City Council considered the following considered the following items:
1. Held a public hearing;
2. Waived first reading and introduced ordinance amending Title 2 titled ' Administration and Personnel", Chapter 2. 08 titled City Manager", Section 2. 08. 010 titled " City
Manager" to modify authority to appoint and remove the
Police Chief; and
3. Adopted Resolution 23- 5418 approving an amendment
to the Police Chief Job Description, Salary Grade Step
Table, and Employment Contract with Stephen Sealy,
including the ability to cash out accrued vacation and sick leave accruals similar to the City Manager and City
Attorney.
Ayes: Akinjo, Diallo, Lazard, Torres- O' Callaghan and Dhaliwal Noes: None
Absent: None
Abstain: None
6. COUNCIL COMMUNICATIONS
6. 1 MAYOR & COUNCILMEMBER COMMITTEE REPORT( S) - None
6. 2 MAYOR & COUNCILMEMBER COMMENT( S)
November 13, 2023 Lathrop City Council Regular Meeting Minutes Page 11 33 Councilmember Torres- O' Callaghan asked for caution when driving around schools as it is getting darker earlier due to the time change.
Vice Mayor Akinjo expressed appreciation to staff. Mayor Dhaliwal echoed similar sentiments and appreciation to staff, and wished everyone a Happy Thanksgiving.
7. AD70URNMENT — There being no further business, Mayor Dhaliwal adjourned the meeting at 8: 56 p. m.
Teresa Vargas/
Teresa Vargas, MMC
Government Services Director
City Clerk
November 13, 2023 Lathrop City Council Regular Meeting Minutes Page 12 34 City of _ ITEM 4. 3
Quarterly Treasurer Report
September 2023
This report presents a detailed discussion of the City' s fund balances and investment portfolio as of September 30, 2023. It includes all investments managed by the City on its own behalf as well as the City' s Trustees. The report provides information on cash flows, broken down by both investment manager ( City or Trustee) and by percentage allocation within the portfolio.
As of September 30, 2023, the investment portfolio was in compliance with all state laws and the City' s Investment Policy.
Current Portfolio Summary
As directed by the Investment Policy adopted by City Council, City staff strives to attain three primary goals with the City' s investments as follows( in order of priority):
1. Safety— Preservation of the principal of invested funds
2. Liquidity— Ability to liquidate one or more of the City' s investments if unexpected expenditures arise
3. Return— Attainment of a market rate of return
The majority of the portfolio is invested in the Local Agency Investment Fund ( LAIF), which is administered by the California State Treasurer' s office. LAIF provides the City with an investment vehicle with yields that are slightly greater than U. S. Treasuries ( T- bills) with a 2- year maturity or less. LAIF is a high quality investment in terms of safety, liquidity, and yield. Additionally, LAIF is an " On Demand" account; meaning funds may be withdrawn upon with 1 day notice, representing maximum liquidity.
In addition to LAIF, the City holds investments in Money Market Mutual Funds, Nonnegotiable Certificates of Deposit, and State and Local Government Securities ( SLGS). These investments are prudent investment choices and are included in the City' s Investment Policy as allowable investments.
Each investment mentioned above has a specific maturity date. However, much of the portfolio is On Demand.
The short weighted average maturity provides the City with a great deal of liquidity during this period of heightened economic uncertainty and period of moderate investment yields. This liquidity places the City in a position to invest in longer term maturity investments once interest rates begin to stabilize toward their historical norms; overall macroeconomic indicators signal solid and consistent growth in future years.
The following table ( Table: 1) provides a summary of the City' s cash and investments, by holding party, based on recorded value as of September 30, 2023 compared with the prior quarter:
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1) Small variances are due to the summation and rounding of multiple figures to the nearest whole dollar Please see the following pages ( Tables: 2 through 5) for a more detailed analysis of transactional additions and reductions due to cash flow needs, debt service payments, and maturities/ rollovers of certain investments.
Revenues arrived during the quarter, per City staff expectations, are as follows: utility payments, property tax, franchise fees, sales tax( including Measure C), developer billing fees, grant reimbursements, building permit fees, plan check fees, and Transient Occupancy Tax( TOT).
Significant payables paid out during the quarter include:
I. Nonrecurring Expenditure Debt Service Payments, Capital Improvement Projects — General Government, Parks, Streets, Water, and Wastewater
II. Recurring Expenditures
a. Contractual— Park& Street Landscaping, and Wastewater Treatment Services b. Intergovernmental payments — South San loaquin Irrigation District ( Surface Water Contract), Lathrop Manteca Fire District, City of Manteca ( Wastewater Contract) Quarterly Economic Update
According to the latest projections from PFM Asset Management; The third quarter was characterized by the consumer continuing to spend, supported by rising wages and a strong labor market. The potential for additional monetary policy tightening by the Federal Reserve ( Fed) remains possible in light of the Fed' s projections for stronger gross domestic product( GDP) growth, higher inflation, and slightly lower unemployment for the balance of the year. As interest rates climbed to recent highs, equity markets declined from calendar year highs and modest de- risking swept markets near quarter- end. After initially showing signs of cooling in July, U. S. inflation as measured by CPI) posted two straight large monthly increases in August and September, rising by 0. 6% and
0.4% month-over-month ( MoM) respectively. The August reading was the biggest monthly increase of 2023 as higher shelter costs and rising energy prices fed much of the gain. Core inflation, which excludes food and energy, continues to moderate, rising 4. 1% year- over- year, down from 4. 3% in August and 4. 7% in July. A strong U. S. labor market remains a tailwind to economic growth and consumer outlooks. Over the quarter, the U. S. economy added 799, 000 new jobs, besting the q2 rate of 603, 000 while remaining well above the pre- COVID pace. The unemployment rate( 3. 8%) remains near all- time lows and the labor force participation rate also trended upward and is now at the highest level since the pandemic.
I certify that all of the investments reported herein are in accordance with the" City of Lathrop Investment Policy" adopted on November 13, 2023, with the Government Code, and other contractual agreements. I further certify the investments reported herein provide for the ability of the City to meet cash flow needs for the next six months.
i
Ste en J. Salvatore Cari 1ame
City Manager Director o i ance
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CITY MANAGER' S REPORT
JANUARY 8, 2024 CITY COUNCIL REGULAR MEETING
ITEM: SECOND READING AND ADOPTION OF ORDINANCE
24- 453 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: Waive Full Reading and Adopt Ordinance 24- 453 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)
RECOMMENDED ACTION:
The City Council to conduct a second reading and adopt Ordinance 24- 453 entitled:
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)
SUMMARY:
On December 11, 2023, the City Council approved the introduction and first reading of the subject Ordinance by the following vote:
AYES: Akinjo, Lazard, Torres- O' Callaghan, and Dhaliwal NOES: None
ABSTAIN: None
ABSENT: Diallo
The Ordinance will take efFect 30 days after adoption.
SUBMITTED BY:
e- 3
T sa Va ga , City Clerk Date
45 ORDINANCE NO. 24- 453
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 Joaquin County Sheriff' s office, while working to transition into its own Police Department by July 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 Municipal Code, in compliance with California Government Code Section 7071; and Ordinance No. 24- 453
46 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.
The Lathrop Police Department has obtained approval of the City of Lathrop City Council, by ordinance adopting the following military equipment use policies, incorporated here by reference:
Ordinance No. 24- 453
47 A. Military Equipment Use Policy No. 706, adopted by Ordinance 22- 436, for the funding, acquisition and use of thirty-five 5. 56mm 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 24- , to add the funding, acquisition and use of eleven 5. 56mm semiautomatic rifles and amno, eight Remington 870 less lethal launchers - drag stabilized 12- gauge bean baa rounds, fifty sets of five units of super- sock bean bags ammunitions, and three thousand
5. 56mm & 9mm 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. 24- 453
48 THIS ORDINANCE was introduced at a regular meeting of the City Council of the City of Lathrop on the llth 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. 24- 453
49 50
ITEM 4. 5
CITY MANAGER' S REPORT
ANUARY 8, 2024 CITY COUNCIL REGULAR MEETING
ITEM: SECOND READING AND ADOPTION OF ORDINANCE
24- 454 OF THE CITY COUNCIL OF THE CITY OF
LATHROP AMENDING TITLE 10, CHAPTER 10. 24,
SECTION 10. 24. 030 DESIGNATED NO PARKING
AREAS OF THE LATHROP MUNICIPAL CODE
RECOMMENDATION: Waive Full Reading and Adopt Ordinance 24- 454 Amending Title 10, Chapter 10. 24, Section 10. 24. 030
Designated No Parking Areas of the Lathrop
Municipal Code
RECOMMENDED ACTION:
The City Council to conduct a second reading and adopt Ordinance 24- 454 entitled:
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:
On December 11, 2023, the City Council approved the introduction and first reading of the subject Ordinance by the following vote:
AYES: Akinjo, Lazard, Torres- O' Callaghan, and Dhaliwal NOES: None
ABSTAIN: None
ABSENT: Diallo
The Ordinance will take effect 30 days after adoption.
SUBMITTED BY:
2 P/ 3
resa a gas, City Clerk Date
51 ORDINANCE NO. 24- 454
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 1. 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.
Ordinance No. 24- 454
52 THIS ORDINANCE was regularly introduced at a regular meeting of the City Council of the City of Lathrop on the llth 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 Ordinance No. 24- 454
53 No Parking Areas— Chapter 10. 24 Mark- Up
New text is shown by underline; deleted text is shown by * r;vo*, r^„ n, 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 corporate limits of the City, as depicted below, the Director of Public 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 ofthe City of Lathrop:
Street Side Location
Academy Drive North Beginning 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 running southerly to the centerline of Isidore Way, 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 len th.
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 Albany Street, an a roximate distance of 200 feet.
Christopher Way Both Beginning at the centerline of D' Arcy Parkway, thence running southwesterly an a roximate 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 Bepinning at the centerline of McKee Boulevard, thence runnin easterlv, an a roximate distance of 50 feet.
D' Arcy Parkway er l Both Ao,.;..„;„,..,.* tie,. o,,. o,. t:„ o,. c u.,..i.,,, n,.,, a ., o,,,. o,. to.. i..., r
Entire len h.
n>n.. , n.,,. i.. uo o a;.., ,. fn nn far o r„ frt, o ,,. o,-i; ,. u ri v,..,, a . tio,,,. o... o.. t.,., o a; r.,,,,. o,. f Qnn f o+.,,,. o„ ro..;,, o,. f r o,,;,,,,;,,,,,,,,, o a;..,,,,. o„ f c nnn fo. o.,.„ f u,. i.,,, n,.., a . ao,,,. e o,. i.. e a;..,,,,. o,. f i ' 7Gl1 fe..,,,. e,,. o,. i;., o„ Fv,. o.,,;. e 1 ve tF
l A r..., D rL.,,., Re..:.,,,:,,.. r+ l, o.. o„+ orl:,, e., f II,- 1„ D.. 7 tl, o,,.. o,-. rorl., Tl Ar..., D. rL.,,..,
R... 7 L. o.,.. e,-. ro«l.. ro. 7; r,,.. o., f 7! 1! 1 F or A 77...,,' 2! 1 e
54 No Parking Areas— Chapter 10. 24 Mark- Up
Street Side Location
n n,-,.., o ri..,,.,., no,.;,,,,;,,,..,.., ro a:,.,,,,. o cn For o., r,. frt,e,. o„ rort;,, o„ fu.-„ Tl A,- , D.,rL. Ro r ` l; r .. f 2 ! 1! 1! 1 400r o r., f rl, o „ rarl;,, o. F I7 r1„ U.,. 1 rho,, o Il« , n,. L. u ' ' r r , 7' r f A 7M f
r':::. h .,.,.^.. rl:., o f I L
vi. iimiir sc- airis ioicixicucc aioc' axic ......
n,.., a « tio,,,. o r o.. i.,., w, ro a;..,.,,. o., f 7 Ill1 f o..,.. tio o.. fort;., o.. fV., om; o A., o.,,. o
Dell' Osso 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 Saturday 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 time on Saturday and Sunday.
Golden Spike Trail East Beginning at the centerline of Brookhurst Boulevard, thence running north an approximate distance of A9 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., Monda throu h Frida and an time on Saturday and Sunday.
Golden Valle Parkwa Both Entire len th within cit limits.
Glacier Street Both Entire len th.
Harlan Road Both r,^^+" ..;+';^ ^;+.,,: m;'. Be inning at the northerlv citv limits, thence runnin south to centerline of D' Arc Parkwa .
Harlan Road West Be innin at the centerline of D' Arcy Parkwa,y, thence running south to cul- desac.
Harlan Road East Beginnin at the centerline of D' Arcv Parkwav, thence running south, an a roximate distance of 200 feet. Allow 30 minute arkin .
Harlan Road East Beginnin 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 centerline of Loon Street, an a roximate distance of 930 feet.
Jefferson Wa Both Entire len h.
Johnson Ferry Road Both Be innin at the centerline of Golden Spike Trail, thence runnin e asterly to centerline of Colonial Trail an a roximate distance of 1 815 feet.
Lakeside Drive Both Entire len h.
Lathrop Road Both Beginning at the centerline of Golden Valley Parkway, thence running easterly to the eastern ci limits an a roximate distance of 9, 500 feet.
Locomotive Street Both Beginning at the centerline of Golden Valley Parkway, thence running westerly to the centerline of Sa brook Street, an a 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 a 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.
55 No Parking Areas— Chapter 10. 24 Mark- Up
Street Side Location
Marina Drive Both Beginning at the centerline 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 Beginning at the centerline of Crescent Moon Drive, thence runnin northerlY and 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 crossin , 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 ci 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 Wa , 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 len th 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 0: 00 . m. to 6: 00 a. m. Prohibit arkin of vehicles over 5 tons.
Paradise Road Both Entire len th within city limits.
Pleasant Road Both Beginning at the centerline of Isidore Way, thence running southerly to the centerline of Folktale Wa , an a 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 enc Vehicle Access.
River Islands Parkwa Both Entire len th witbin ci limits.
Roth Road Both Entire len th within city limits.
Sadler Oak Drive Both Entire len th.
Sandhill Crane Road Both Entire len th.
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 Parkway Both Entire len th.
56 No Parking Areas— Chapter 10. 24 Mark- Up
Street Side Location
Somerville Street Both Entire len th
Spartan 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 Piace.
Stanford Crossin Drive Both Entire len th.
Stewart Road Both Beginning at a point 550 feet north of the centerline of the 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 anproximate 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 far 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 a 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 for 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 § 1; Ord. 11- 306 § i; 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)
57 58
CITY MANAGER' S REPORT
ITEM 4. 6
7ANUARY 8, 2024 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE OUT OF STATE TRAVEL AUTHORIZING THE
PARKS AND RECREATION DIRECTOR TO ATTEND THE
NATIONAL RECREATION AND PARK ASSOCIATION,
REVENUE DEVELOPMENT AND MANAGEMENT
SCHOOL IN WHEELING, WEST VIRGINIA
RECOMMENDATION: Adopt Resolution Authorizing Out of State Travel for the Parks and Recreation Director to Attend the
National Recreation and Park Association, Revenue
Development and Management School March 11- 15,
2024, in Wheeling, West Virginia
SUMMARY:
In April of 2022, the Parks and Recreation Director was appointed to the National Recreation and Park Association, Revenue Development and Management School, Board of Regents. The Revenue Development and Management School is a comprehensive and unique professional development program focusing on proven revenue management and development techniques. It's targeted towards agencies that rely wholly or in part on generating revenues, such as organizations associated with state or local parks, recreation, leisure services, military recreation, and other nonprofits. Attendees learn best- practice techniques taught by practitioners who have demonstrated their efficacy and success within their own agencies. This school features thought- provoking sessions, best- in- practice trends, and a unique way to network and connect with Parks and Recreation professionals from across the Country. Serving on the Board of Regents is an initial three- year commitment, and this is year two of three. Staff is requesting Council approval of the attached resolution authorizing out- of- state travel.
BACKGROUND:
Established in 1965, the Revenue Development and Management School marked the inception of a national revenue education program and remains the sole Revenue School benefiting agencies that rely wholly or in part on generating revenues, such as state or local parks, recreation, leisure services, military recreation, and other nonprofits. Serving on the Board, each Regent helps organize, plan, and teach bestpractice techniques to professionals from across the United States and Canada.
Additionally, the school allows for our Parks and Recreation Director to immerse himself in an unparalleled learning experience, while engaging with fellow Board of Regents and accomplished professionals who are pioneers in Revenue Management and Development. Attendance will not only provide staff with current best practices, • but it will also foster partnerships with fellow professionals and will assist our Parks and Recreation Department in the continued development of the community and sense of pride.
59 CITY MANAGER' S REPORT PAGE 2
JANUARY 8, 2024 CITY COUNCIL REGULAR MEETING
APPROVE OUT OF STATE TRAVEL AUTHORIZING THE PARKS AND
RECREATION DIRECTOR TO ATTEND THE NATIONAL RECREATION AND PARK
ASSOCIATION, REVENUE DEVELOPMENT AND MANAGEMENT SCHOOL IN
WHEELING, WEST VIRGINIA
FISCAL IMPACT:
There is no cost to the City for the Parks and Recreation Director to attend the Revenue Development and Management School, other than staff time. As a Board of Regent, all travel and lodging are covered by the National Recreation and Park Association, Revenue Development and Management School.
ATTACH M ENTS:
A. Resolution to Authorize Out- of-State Travel to send the Parks and Recreation Director to the National Recreation and Park Association, Revenue Development and Management School in Wheeling, West Virginia
60 CITY MANAGER' S REPORT PAGE 3
JANUARY 8, 2024 CITY COUNCIL REGULAR MEETING
APPROVE OUT OF STATE TRAVEL AUTHORIZING THE PARKS AND
RECREATION DIRECTOR TO ATTEND THE NATIONAL RECREATION AND PARK
ASSOCIATION, REVENUE DEVELOPMENT AND MANAGEMENT SCHOOL IN
WHEELING, WEST VIRGINIA
APPROVALS:
IZ' I?
Todd Sebastian Date
Director of Parks and Recreation
TI 2
Juli a Burns Date
Director of Human Resources
2 / Zl 2oZ3
Thomas Hedegard Date
Deputy City Manager
Salvador Navarrete Date
City Attorney
3 Step en J. Salvatore Date
City Manager
61 RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP
AUTHORIZING THE PARKS AND RECREATION DIRECTOR TO ATTEND THE
NATIONAL RECREATION AND PARK ASSOCIATION, REVENUE DEVELOPMENT AND MANAGEMENT SCHOOL IN WHEELING, WEST VIRGINIA.
WHEREAS, the Parks and Recreation Director was appointed to the National Recreation and Park Association, Revenue Development and Management School, Board of Regents in April of 2022; and
WHEREAS, the National Recreation and Park Association, Revenue Development and Management School wiil provide the Parks and Recreation Director the opportunity to present thought- provoking education sessions, learn the newest and best in practice trends, network with fellow Board of Regents and accomplished professionals from across the Country, who are pioneers in Revenue Management and Development.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Lathrop does hereby authorize out- of-state travel for Parks and Recreation Director to attend the National Recreation and Park Association, Revenue Development and Management School, in Wheeling, West Virginia March 11- 15, 2024. 62 The foregoing resolution was passed and adopted this 8t" day of ] anuary 2024, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sonny Dhaliwal, Mayor
Al7EST: APPROVED AS TO FOR :
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 63 Revenue
evelopment N R PA Management
f«,,
S hoo
Revenue Qevelapment &
Management School
MAR H 10 - 15, 2024
2024 Revenue Development and Management School
March 10 - 15, 2024
Oglebay Resort
Wheeling, West Virginia
The Revenue Development and Management School is a comprehensive and unique professional development program focusing on proven revenue management and development techniques. It's targeted towards agencies that rely wholly or in part on generating revenues, such as organizations associated with state or local parks, recreation, leisure services, military recreation and other nonprofits.
Participants will learn best- practice techniques taught by practitioners who have demonstrated their efficacy and success within their own agencies. These techniques provide tools and value for both you and your agency. Engage with experienced and dynamic professionals from across the United States and Canada, all within an environment that fosters interaction and the cultivation of professional resources.
Established in 1965 by Thomas Hines of NC State University, the School marked the inception of a national revenue education program. It remains the sole Revenue School benefiting from a University liaison provided by the esteemed North Carolina State University and The National Recreation and Park Association. The school is hosted at the picturesque Oglebay Resort& Conference Center in Wheeling, West Virginia.
Immerse yourself in an unmatched setting that complements an unparalleled learning experience. Engage with instructors who are pioneers in Revenue Management and Development. Join the ranks of accomplished professionals in our field who already recognize this as " the ultimate professional development opportunity in our profession."
First Year Curriculum Second Year Curriculum
Philosophy and Politics of Revenue Strategic Planning
Generation
Marketing Plans
64 Philosophy Impacts on Cost- Recovery and Business Plans Pricing Budgeting Models, Special Funds & Fees
Understanding the Big Financial Picture
Financing
How a Budget is Born
Using Data To Improve Your Service and
Speed Sessions Operations
Thinking Like an Entrepreneur Measuring Your Economic Impact Aligning Priorities and Performance Year 2 Team Project Insights Into Your Customers' Needs, Wants & Revenue Generation: Parks& Facilities Values
Revenue Generation: Events& Sponsorships
Creating Experiences That Reflect Today' s
Revenue Generation: Recreation Programs
Consumers
Fundraising, Grants, Other Revenue
Evaluating the Customer Experience
Opportunities
Positioning and Marketing Your Organization project Management and Service
Reclecting on Revenue School with a Real- Life
Working with Vendors, Contractors and
Project
Partners
Monitoring& Managing Your Budget
Spending and Saving Strategies to Make the
Most of your Money
DEI Session
Know Your Numbers
Tuition
NRPA Member Tuition-$ 740. 00 per person
Non- Member Tuition-$ 790. 00 per person
All Inclusive Package
Member tuition, room, and meal package
Lakeside Wing Rooms
2453. 00 per person single occupancy
2035. 50 per person double occupancy
West Wing Rooms
2352. 20 per person single occupancy
1985.00 per person double occupancy
Byrd Wing Rooms
2291. 75 per person single occupancy
1954. 90 per person double occupancy
Non- Members add$ 50.00 to above package price per person 65 NOTE.•Double occupancy refers to two( 2) people staying in the same room Package rate includes member tuition, 5 nights lodging, 5 buffet breakfasts, 4 buffet lunches, Sunday and Monday dinner buffet, Tuesday Fun Night/appetizers, continuous beverage breaks, beverage tickets, and Thursday Graduation eanquet, and all applica,ble taxes and fees.
Scholarships
If you are interested in applying for a scholarship, please visit https:l/forms.glelrM7WCsXxdR6v3RCL6 The deadline to submit an application is September 15, 2023..
Transportation
For transportation to and from the Pittsburgh International Airport, please contact Airport Limo Service at 304- 232- 1175 or visit www. wheelinglimo. com.
School Itinerary
Sunday, March 10
5 p. m. Registration
6 p. m. Orientation/ Dinner
Monday, March 11
8: 15 a. m. Classes Begin
6 p. m. Networking Dinner
Tuesday, March 12
8: 15 a. m. Classes Begin
7 p. m. Scholarship Fun Night
Wednesday, March 13
9 a. m. Classes Begin
Thursday, March 14
8: 15 a. m. Classes Begin
6 p. m. Graduation Dinner
Friday, March 15
Depart Oglebay
Registration
66 Date of Application*
Name*
First Last
Pronoun*
She/ Her , He/ Him , . They/ Them Ze/ Hir `_; NotApplicable Name as you wish to appear on your badge*
First Last
Company/ Agency* Position Title*
Mailing Address*
Aeldress Line 1
Address Line 2
City State v ' ' Zip Code
Phone* Cell Phone IMPORTANT: Student Email*
Attending as:*
ti. First Year Student Second Year Student
Your arrival date:*
C 7
Your departure date:*
If you would like to arrive early or extend your stay, the overnight room rate is$ 149 plus applicable taxes and fees per room, per night. Please contact the Oglebay National Training Center at ntc@oglebay. com with any additional questions. 67 Would you like a roommate?*
Yes ;` No
If sharing a room with a colleague, the Oglebay National Training Center must book your room accommodations for you. You will be contacted in regard to payment. Oglebay will NOT assign you a roommate.
Do you require special accommodations?* If yes, explain:
Yes No
Do you require a special diet?* If yes, explain:
Yes No
Additional Comments:
f.
Member/ Non- Member*
v `f
Room& Board*
v :
Package rate indudes member tuition, 5 nights lodging, 5 buffet breakfasts, 4 buffet lunches, Sunday and Monday dinner buffet, Tuesday Fun Night/ appetizers, continuous beverage breaks, beverage tickets, and Thursday G aduation Banquet, and all applicable taxes and fees.
NOTE: The entire package amount will be charged on receipt of form.
Please select your method of payment:*
F Credit Card g, . Purchase Order ' ,> Check
If paying by check or purchase order, the Oglebay National Training Center must book your room accommodations for you. You will be contacted in regard to payment.
If paying with a credit card, please reserve your hotel accommodations when you receive your student registration notification. A link is provided for your convenience.
School Cancellation Policy:
Cancellations up to 30 days prior to the school will result in a$ 900 cancellation fee. A 50% refund of registration fees will be issued if cancellation is made 7 to 30 days prior. No refund will be issued for cancellations made within 7 days prior to the sch00%
68 Questions? Call 304- 243- 4126 or Email ntc@oglebay. com 69 70
ITEM 4. 7
CITY MANAGER' S REPORT
ANUARY 8, 2024 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE OUT OF STATE TRAVEL FOR ONE ISD
ENGINEER TO ATTEND THE CISCO LIVE
CONFERENCE
RECOMMENDATION: Adopt a Resolution Approving Out Of State Travel for ISD Engineer to Attend the Cisco
Live Conference in Las Vegas, Nevada From
7une 2- 6, 2024
SUMMARY:
Cisco Live is an ideal conference for Cisco customers to come together and learn about new products and technical advances. This technical experience will feature innovations in networking, cybersecurity, and collaboration. As technology changes rapidly, it is critical that City staff stay up to date on the latest developments and understand how to properly utilize the integrated technology. Having the required certifications is essential for supporting the infrastructure, and this conference qualifies for certification credits and a certification test valued at $ 400. City Engineers learn from other organizations about their practices in different environments, enhancing their ability to optimize the City' s network infrastructure and cybersecurity.
This out- of- state conference aligns with the goals of enhancing the City' s Cybersecurity posture while utilizing the latest technology to mitigate potential threats and malicious activities in the City' s network systems. Staff is requesting City Council approval for out- of-state travel, enabling City staff to attend Cisco Live in Las Vegas, Nevada, from June 2" d
through June 6th, 2024, with an estimated cost of
3, 750.
BAC KG ROU N D:
Cisco Live is an ideal conference for Cisco customers. to come together and learn about new products, technical advances, and the sharing of knowledge. This IT experience will feature new innovations in networking, security, and collaboration.
Technology changes very fast, and it is critical that City Engineers stay up to date on the latest developments in technology, how to properly utilize the technology, as well as the certification needed to work with the network equipment. City staff will learn from other organizations about what they are doing in their environments and how to better optimize the City' s infrastructure.
71 CITY MANAGER' S REPORT: 7ANUARY 8, 2024 PAGE 2
APPROVE OUT OF STATE TRAVEL FOR ONE ISD ENGINEER TO ATTEND THE
CISCO LIVE CONFERENCE
Cisco Live will feature break- out sessions and labs related to the different hardware and software they offer, as well as implementation, troubleshooting, Cybersecurity, and deployment- specific sessions. Staff will greatly benefit from the information sharing and training during this conference, which will qualify for certification credit required to allow staff to work with the equipment, software, and Cybersecurity components used in the City' s infrastructure. Engineers attending will receive a free certification exam related to Cisco products, valued at $ 400 for the required certification.
Staff is requesting for City Council to approve the out- of- state travel for City staff to attend the Cisco Live in Las Vegas, Nevada from June 2" d through June 6t", 2024, in
the estimated amount of $ 3, 750.
REASON FOR RECOMMENDATION:
This out- of-state conference is recommended as it aligns with the city' s objectives to bolster its cybersecurity posture by leveraging cutting- edge technology, enhancing the safety of the city' s network systems against potential threats and malicious activities. Additionally, attendance supports the certification requirements for our engineers, enabling them to effectively support and implement Cisco technologies.
FISCAL IMPACT:
There are sufficient funds within the GL 1010- 17- 20- 435- 20- 00 for this training and travel in the amount of $ 3, 750.
ATTACHMENTS:
A. A Resolution Approving Out Of State Travel for City Staff to Attend the Cisco Live Conference in Las Vegas, Nevada From June 2- 6, 2024 72 CITY MANAGER' S REPORT: JANUARY 08, 2024 PAGE 3
APPROVE OUT OF STATE: TRAVEL FOR CITY STAFF TO ATTEND THE CISCO
LIVE CONFERENCE
APPROVALS:
ernandes Date
Information Systems Director
131 s
Cari Jam Date
Finance irector
1 - 3 -2o2y
Michael King Date
Assistant C' y Manager
3 Salvador Navarrete Date
City Attorney
Z
Ste en J. Salvatore Date
City Manager
73 RESOLUTION NO. 24 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO
APPROVE OUT- OF- STATE TRAVEL TO ATTEND THE CISCO LIVE CONFERENCE IN LAS VEGAS, NEVADA FROM 7UNE 2 — 6, 2024
WHEREAS, Cisco Live is an ideal conference for Cisco customers to come together an d learn about new products and technical advances; and WHEREAS, this technical experience will feature innovations in networking, cybersecurii: y, and collaboration; and
WHEREAS, City Engineers learn from other organizations about their practices in different environments, enhancing their ability to optimize the City' s network infrastructuire and cybersecurity; and
WHEREAS, this out- of-state conference aligns with the goals of enhancing the City' s Cyber security posture while utilizing the latest technology to mitigate potential threats and malicious activities in the City' s network systems; and WHEREAS, attendance supports the certification requirements for our engineers, E nabling them to effectively support and implement Cisco technologies; and
WHEREAS, staff is requesting City Council approval for out-of-state travel, enabling City staff to attend Cisco Live in Las Vegas, Nevada, from June 2nd through June 6th, 2024, with an estimated cost of $ 3, 750; and WHEREAS There are sufficient funds within the GL 1010- 17- 20- 435- 20- 00 for this training and travel.
NOVW, THEREFORE, BE IT RESOLVED, the City Council of the City of Lathrop doe s hereby approve the out-of-state travel to attend the Cisco Live Conference in Las Vegas, Nevada from June 2" d
through June 6th , 2024.
74 The foregoing resolution was passed and adopted this 8th day of January 2024, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sonny Dhaliwal, Mayor
ATTEST:
qppRQVE AS TO FORM:
r--—
Teresa Vargas, City Clerk
Salvadar Na arrete, City Attorney
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78 CITY MANAGER' S REPORT ITEM 4.$
7ANUARY 8, 2024 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE A RESOLUTION AUTHORIZING
SUBMITTAL OF CALRECYCLE INDIVIDUAL
GRANT APPLICATIONS FOR WHICH THE CITY
OF LATHROP IS ELIGIBLE FOR, FIVE YEARS
FROM THE DATE OF THE ADOPTED
RESOLUTION, NO LATER THAN JANUARY 8,
2029
RECOMMENDATION: Adopt a Resolution of the City of Lathrop Authorizing Submittal of Individual Grant
Applications with CalRecycle for All Grant
Programs for which the City of Lathrop is
Eligible for, Five Years from the Date of the
Adopted Resolution, No Later Than January 8,
2029
SUMMARY:
City staff looks to identify ways to additionally fund recycling opportunities within the City of Lathrop. The Department of Resources Recycling and Recovery ( CalRecycle) offers grants to comply with state mandates to reduce, recycle and reuse. CalRecycle grant application procedures require, among other things, an applicant' s governing body to declare by resolution certain authorizations related to the administration of CalRecycle grants. Staff is requesting Council approval of the attached resolution authorizing submittal of individual grant applications for all grant programs for which the City of Lathrop is eligible for a period of five years. However, staff will be required to return to Council to accept award of funds received.
BACKGROUND:
Public Resources Code section 48000 et seq. authorizes CalRecycle to administer various grant programs in furtherance of the State of California' s efforts to reduce, recycle, and reuse solid waste generated in the state, thereby preserving landfill capacity, and protecting public health and safety and the environment. In furtherance of this authority, CalRecycle is required to establish procedures governing the application, awarding, and management of the grants. CalRecycle grant application procedures require, among other things, an applicant' s governing body to declare by resolution certain authorizations related to the administration of CalRecycle grants. 79 CITY MANAGER' S REPORT PAGE 2
7ANUARY 8, 2024 CITY COUNCIL REGULAR MEETING
APPROVE A RESOLUTION AUTHORIZING SUBMITTAL OF CALRECYCLE
INDIVIDUAL GRANT APPLICATIONS FOR WHICH THE CITY OF LATHROP IS
ELIGIBLE FOR, FIVE YEARS FROM THE DATE OF THE ADOPTED
RESOLUTION, NO LATER THAN 7ANUARY 8, 2029
RECOMMENDATION:
Adopt a Resolution to authorize City Manager or designee to submit applications to CalRecycle for all grants for which the City of Lathrop is eligible and the City Manager, or their designee, is hereby authorized and empowered to execute in the name of the City of Lathrop all grant documents, including but not limited to, applications, agreements, amendments, and requests for pay for a period of five years from the date of adoption.
FISCAL IMPACT:
None.
ATTACH M ENT:
A. Resolution of the City of Lathrop Authorizing Submittal of Individual Grant Applications for All Grant Programs for which the City of Lathrop is Eligible 80 CITY MANAGER' S REPORT PAGE 3
ANUARY 8, 2024 CITY COUNCIL REGULAR MEETING
APPROVE A RESOLUTION AUTHORIZING SUBMITTAL OF ALL INDIVIDUAL
GRANT APPLICATIONS FOR WHICH THE CITY OF LATHROP IS ELIGIBLE
FOR FIVE YEARS FROM THE DATE OF ADOPTION
APPROVALS:
1 . 2 - 2.
Tod Sebastian Date
Director of Parks and Recreation
f
I/ / o y
Cari Ja s Date
Director f Finance
1 2- ZOZ f
Michael King Date
Assistant City Manager
y
Salvador Navarrete Date
City Attorney
I 3 Z' 3
Steph . Salvatore Date
City Manager
81 RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL AUTHORIZING SUBMITTAL OF
CALRECYCLE INDIVIDUAL GRANT APPLICATIONS FOR WHICH THE CITY OF
LATHROP IS ELIGIBLE FOR, FIVE YEARS FROM THE DATE OF THE ADOPTED RESOLUTION, NO LATER THAN ) ANUARY 8, 2029
WHEREAS, Public Resources Code sections 48000 et seq. authorize the Department of Resources Recycling and Recovery ( CalRecycle) to administer various grant programs ( grants) in furtherance of the State of California' s ( state) efforts to reduce, recycle and reuse solid waste generated in the state thereby preserving landfill capacity and protecting public health and safety and the environment; and WHEREAS, in furtherance of this authority CalRecycle is required to establish procedures governing the application, awarding, and management of the grants; and WHEREAS, CalRecycle grant application procedures require, among other things, an applicant' s governing body to declare by resolution certain authorizations related to the administration of CalRecycle grants.
NOW, THEREFORE, BE IT RESOLVED that the City of Lathrop authorizes the submittal of applications by the City Manager or his/ her designee to CalRecycle for all grants for which City of Lathrop is eligible; and
BE IT FURTHER RESOLVED that the City Manager, or his/ her designee, is hereby authorized and empowered to execute in the name of the City of Lathrop all grant documents, including but not limited to, applications, agreements, amendments, and requests for payment, necessary to secure grant funds and implement the approved grant project; and
BE IT FURTHER RESOLVED that these authorizations are effective for five years from the date of adoption of this resolution.
82 The foregoing resolution was passed and adopted this 8th day of January 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 83 84
ITEM 4. 9
CITY MANAGER' S REPORT
7ANUARY 8, 2024 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE PROJECT FUNDING AGREEMENT WITH
LATHROP MOSSDALE INVESTORS, LP ASSOCIATED
WITH CIP WW 20- 17, SURFACE WATER DISCHARGE,
AND APPROVE A QUITCLAIM DEED TO TRANSFER
OWNERSHIP OF REAL PROPERTY TO K. HOVNANIAN
HOMES
RECOMMENDATION: Adopt Resolution Approving a Project Funding Agreement with Lathrop Mossdale Investors, LP
associated with CIP WW 20- 17, Surface Water
Discharge and Approve a Quitclaim Deed to Transfer
Ownership of Real Property ( APN: 191- 190- 32) to K.
Hovnanian Homes
SUMMARY:
On January 27th, 2003, Council approved the Vesting Tentative Map ( VTM) for Tract 3225 ( Tract 3225) by Resolution No. 03- 1382. The developer, Lathrop Mossdale Investors, LP ( LMI), was required, in the City Manager' s Report for the approval of Tract 3225 ( CMR), to use the Low Density Residential area ( S1) of Tract 3225 as recycled water storage ponds ( Pond) until a river discharge permit was obtained from the Regional Water Quality Control Board ( RWQCB).
Pursuant to the approval for Tact 3225, LMI transferred title to Pond ( S1), as depicted in Attachment ' B", and retained a reversionary right to regain title to the land when it is no longer needed by the City as a storage pond. The conditions of approval for Tract 3225 also specify that final maps for Pond S1 cannot be approved until alternative disposal area can be found for the Pond.
LMI has agreed to fund a portion of the Surface Water Discharge Project ( Project) in the amount of $975, 035 for the pro- rata share of the S1 pond to replace the disposal capacity provided by the S1 pond in the amount of 224, 580 gallons per day as detailed in the Project Funding Agreement for the City' s Project Costs Related to the Surface Water Discharge Project CIP WW 20- 17 ( Funding Agreement), included as Attachment ' D". The City has now received the permit from RWQCB to discharge highly treated wastewater into the San Joaquin River and the Surface Water Discharge Project ( Project) is operational. LMI has requested that the City Council find that the S1 Pond site is no longer needed by the City for storage and transfer the S1 Pond site to K. Hovnanian Homes for future development.
Staff requests Council approve the Funding Agreement with LMI and a Quitclaim deed, included as Attachment " E", to transfer ownership of real property ( APN: 191- 190- 32) to K. Hovnanian Homes upon receipt of funds for pro- rata share of the Project.
85 CITY MANAGER' S REPORT PAGE 2
7ANUARY 8, 2024 CITY COUNCIL REGULAR MEETING
APPROVE PROJECT FUNDING AGREEMENT WITH LATHROP MOSSDALE INVESTORS, LP ASSOCIATED WITH CIP WW 20- 17, SURFACE WATER
DISCHARGE, AND APPROVE A QUITCLAIM DEED TO TRANSFER OWNERSHIP OF REAL PROPERTY TO K. HOVNANIAN HOMES
BACKGROUND:
On January 27t", 2003, Council and Planning commission approved the Mossdale Landing Project entitlements, which included the compliance with California Environmental Quality Act ( CEQA) and adoption of Urban Design Concept ( UDC), VTM for Tract 3142, VTM for Tract 3225, included as Attachment " C", and a Development Agreement for the Mossdale Landing Project ( DA).
The UDC outlined the need for Ponds for the Mossdale Landing Project. Wastewater treated at the Consolidated Treatment Facility ( CTF) would be sent back to the Mossdale Landing Area and stored in the Ponds until the water was used for landscape irrigation.
LMI has agreed to fund a portion of the Surface Water Discharge Project ( Project) in the amount of $ 975, 035 for the pro- rata share of the S1 pond to replace the disposal capacity provided by the S1 pond in the amount of 224, 580 gallons per day as detailed in the Project Funding Agreement for the City' s Project Costs Related to the Surface Water Discharge Project CIP WW 20- 17 ( Funding Agreement), included as Attachment " D". The City has now received the permit from RWQCB to discharge highly treated wastewater into the San Joaquin River and the Surface Water Discharge Project ( Project) is operational. LMI has requested that the City Council find that the S1 Pond site is no longer needed by the City for storage and transfer the S1 Pond site to K. Hovnanian Homes for future development.
As a precondition to record the Quit Claim Deed, LMI must satisfy the Escrow Instructions, included as Attachment ' F", by depositing the necessary sums to complete payment of the their share of the Project and providing required documents.
REASON FOR RECOMMENDATION:
LMI has agreed to pay the Pond S1 share of the Surface Water Discharge Project and has requested the City transfer the Pond S1 site to K. Hovnanian Homes upon LMI' s deposit of $ 975, 035. K Hovnanian Homes plans to develop the land into 66 single family homes.
FISCAL IMPACT:
There is no cost to the City to execute the deed. Savings should be expected due to a decrease in maintenance costs for Pond S1. All costs for City staff time will be paid by LMI.
86 CITY MANAGER' S REPORT PAGE 3
JANUARY 8, 2024 CITY COUNCIL REGULAR MEETING
APPROVE PROJECT FUNDING AGREEMENT WITH LATHROP MOSSDALE INVESTORS, LP ASSOCIATED WITH CIP WW 20- 17, SURFACE WATER
DISCHARGE, AND APPROVE A QUITCLAIM DEED TO TRANSFER OWNERSHIP OF REAL PROPERTY TO K. HOVNANIAN HOMES
ATTACH M ENTS:
A. Resolution Approving a Project Funding Agreement with Lathrop Mossdale Investors, LP Associated with CIP WW 20- 17, Surface Water Discharge, and a Quitclaim Deed to Transfer Ownership of Real Property ( APN: 191- 190- 32) to K. Hovnanian Homes
B. Vicinity Map of Ponds 51
C. Vesting Tentative Map - Tract 3225
D. Project Funding Agreement for the City' s Project Costs Related to the Surface Water Discharge Project CIP WW 20- 17
E. Draft Quitclaim Deed from City to K. Hovnanian Homes F. Escrow Instructions for Recordation of Quitclaim Deed 87 CITY MANAGER' S REPORT PAGE 4
JANUARY 8, 2024 CITY COUNCIL REGULAR MEETING
APPROVE PROJECT FUNDING AGREEMENT WITH LATHROP MOSSDALE INVESTORS, LP ASSOCIATED WITH CIP WW 20- 17, SURFACE WATER
DISCHARGE, AND APPROVE A QUITCLAIM DEED TO TRANSFER OWNERSHIP OF REAL PROPERTY TO K. HOVNANIAN HOMES
APPROVALS
2 / zi / 23
Bellal Nabizadah Date
Assistant Engineer
ZI2 l,pz3
Brad T lor Date
City Engineer
7 ' J
a
Cari Jam s Date
Finance irector
I 2 • 2 co• Zo23
Michael King Date
Assistant City Manager
I -
T
I- I b
Salvador Navarrete Date
City Attorney
3 z3
Stephen J. Salvatore Date
City Manager
88 RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP
APPROVING A PRO) ECT FUNDING AGREEMENT WITH LATHROP MOSSDALE INVESTORS, LP ASSOCIATED WITH CIP WW 20- 17, SURFACE WATER
DISCHARGE, AND A QUITCLAIM DEED TO TRANSFER OWNERSHIP OF REAL PROPERTY ( APN: 191- 190- 32) TO K. HOVNANIAN HOMES
WHEREAS, on January 27th, 2003, Council and Planning commission approved the Mossdale Landing Project entitlements, which included the compliance with California Environmental Quality Act ( CEQA) and adoption of Urban Design Concept ( UDC), Vesting Tentative Map ( VTM) for Tract 3142, VTM for Tract 3225 Tract 3225) included as Attachment C" to the City Manager' s Report, and the Development Agreement for the Mossdale Landing Project ( DA); and WHEREAS, the UDC outlined the need for recycled water storage ponds Ponds) for the Mossdale Landing Project. Wastewater that has been treated at the Consolidated Treatment Facility ( CTF) would be sent back to the Mossdale Landing Area and stored in the Ponds until the water was used for landscape irrigation; and WHEREAS, Lathrop Mossdale Investors, LP ( LMI), the developer for Tract 3225, has agreed to fund a portion of the Surface Water Discharge Project ( Project) in the amount of $ 975, 035 for the pro- rata share of the S1 pond to replace the disposal capacity provided by the 51 pond in the amount of 224, 580 gallons per day as detailed in the Project Funding Agreement for the City' s Project Costs Related to the Surface Water Discharge Project CIP WW 20- 17 ( Funding Agreement), included as Attachment " D" to the City Manager' s Report that accompanied this Resolution; and
WHEREAS, the City has now received the permit from RWQCB to discharge highly treated wastewater into the San Joaquin River and the Surface Water Discharge Project ( Project) is operational; and
WHEREAS, LMI has requested that the City Council find that the S1 Pond site is no longer needed by the City for storage and transfer the S1 Pond site to K.
Hovnanian Homes for future development; and
WHEREAS, as a precondition to record the Quit Claim Deed, LMI must satisfy the Escrow Instructions, included as Attachment ' F", by depositing the necessary sums to complete payment of the their share of the Project and providing required documents; and
WHEREAS, staff recommends Council approve the Project Funding Agreement for CIP WW 20- 17, Surface Water Discharge, and the proposed Quitclaim Deed to transfer ownership of real property ( APN 191- 190- 32) to K. Hovnanian Homes upon deposit of $ 975, 035 by LMI.
89 NOW, BE IT RESOLVED, by the City Council of the City of Lathrop does hereby approve the Project Funding Agreement with LMI for CIP WW 20- 17, Surface Water Discharge, included as Attachment D" to the City Manager' s Report that accompanied this Resolution; and
BE IT FURTHER RESOLVED, by the City Council of the City of Lathrop does hereby approve the use of the funding amount of $ 975, 035 towards the Project, therefore, LMI is entitled to request the City to transfer S1 pond site to its designee, K. Hovnanian Homes; and
BE IT FURTHER RESOLVED, by the City Council of the City of Lathrop does hereby authorize the City Manager to execute the proposed Quitclaim Deed to transfer ownership of the S1 Pond site to K. Hovnanian Homes, included as Attachment E" to the City Manager' s Report that accompanies this Resolution. 90 PASSED AND ADOPTED by the City Council of the City of Lathrop this gtn day of January 2024 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORMti
Teresa Vargas Salvador Navarrete
City Clerk City Attorney
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8 93
ATTACHMENT " o "
PROJECT FUNDING AGREEMENT BY AND BETWEEN THE CITY OF LATHROP,
A MUNICIPAL CORPORATION OF THE STATE OF CALIFORNIA AND
LATHROP MOSSDALE INVESTORS LP FOR
THE CITY' S PROJECT COSTS RELATED TO THE
SURFACE WATER DISCHARGE PROJECT CIP WW 20- 17
This Project Funding Agreement ( the " Agreement") is made and entered into this day of January, 2024 (" Execution Date"), by and between the CITY OF LATHROP, a municipal corporation ( hereinafter " CITY") and Lathrop Mossdale Investors LP, a California limited partnership ( hereinafter " DEVELOPER"). The CITY and DEVELOPER are referred to herein individually as " party" and collectively as the" parties." The Effective Date shall be the date upon which both DEVELOPER and CITY execute this Agreement.
RECITALS
A. CITY currently operates the Lathrop Consolidated Treatment Facility (" LCTF"). CITY, DEVELOPER, and the Other Developers have modified the LCTF and constructed a pipeline to dispose of highly treated effluent (" Recycled Water") from the LCTF via a surface water discharge to the San Joaquin River ( the " River"). This included acquisition of a National Pollutant Discharge Elimination System (" NPDES") permit from the Central Valley Regional Water Quality Control Board (" CVRWQCB") plus permits from several other State of California and Federal agencies to construct the pipeline.
B. The Surface Water Discharge Project CIP WW 20- 17 ( the " Project") was designed to deliver recycled water to the River and included the construction of improvements at the LCTF to dechlorinate the recycled water, construction of a pipeline from the LCTF to and over the River levee, and construction of an outfall structure within the River.
C. As a condition of receiving the NPDES permit, the RWQCB will require CITY to maximize use of recycled water for urban irrigation, including parks and street landscaping. The Project costs therefore include the cost ofpermanent storage ponds to allow the recycled water system to operate when the city is built- out. This Agreement was created because DEVELOPER requested CITY to deed the Pond S 1 parcel, as described in Exhibit B (" Pond S 1"), to DEVELOPER' s authorized designee, K. Hovnanian Homes Northern California, Inc., a California corporation (" Hovnanian"), in exchange for DEVELOPER funding the Pond S1 share of the Project. If DEVELOPER chooses to not pay the Pond S1 share of the Project, Pond Sl will be retained by the City for continued use in the Project until such time as DEVELOPER pays their share ofthe Project.
D. Once DEVELOPER' S S1 Pond share of the Project Costs ( as defined below) have been paid by DEVELOPER in accordance with Exhibit A, then development within the S 1 Pond parcel shall not pay any future wastewater disposal fees or charges towards the Project on future building permits to the extent DEVELOPER acquires and retains surface water discharge disposal capacity with this Agreement.
1 94
E. CITY, with funding from CITY sewer connection fees, contracted for the design, permitting and construction of the Project. The cost for this work, as detailed in Section 2 of this Agreement, comprises the total funding obligation of all stakeholders participating in the Proj ect.
F. DEVELOPER, as well as the other stakeholders who have requested capacity in the Project, is required to fund their pro-rata share of the design, permitting, program management, CEQA preparation and construction as detailed in the attached Exhibit A and under the terms and conditions of this Agreement.
G. CITY has already completed construction of the Project, and CITY has temporarily advanced DEVELOPER' s share of Project Costs. DEVELOPER' s full payrnent ofDEVELOPER' s prorata Project Costs for Pond S1 shall be placed in escrow with First American Title Company Bscrow") with Quit Claim deed attached hereto as Exhibit C ( the " Deed") from the City to Hovnanian with irrevocable escrow instructions attached hereto as Exhibit D ( the " Escrow Instructions") for the S 1 Pond parcel after City Council approval of this Agreement.
H. CITY has been given approval to operate the Project by CVRWQCB, and the CVRWQCB waste discharge permit has been amended to remove the need for certain storage ponds and spray fields as noted in Exhibit A, and allowing the ponds and spray fields to be used for development purposes. Once DEVELOPER deposits its share of the Pond S1 Project Costs into Escrow, Escrow will record the Deed in accordance with the Escrow Instructions.
L If the closing occurs between DEVELOPER and Hovnanian as set forth in the Escrow Instructions, then any costs required to remove constructed facilities on S1 Pond will be paid solely by Hovnanian; provided, however, ifthe closing between DEVELOPER and Hovnanian fails to occur, then Hovnanian shall have no obligation to pay any costs arising under this Agreement. Pond S 1 will be transferred in " As Is" condition.
NOW THEREFORE, for valuable consideration, receipt of which is hereby acknowledged, CITY and DEVELOPER hereby agree as follows:
AGREEMENT
1. Incorporation of Recitals. The parties agee that the foregoing Recitals are true and correct, and are incorporated as a part of this Agreement as if set forth in full herein.
2. Pond S1 Pro-Rata Share. DEVELOPER agrees to provide Nine Hundred Seventy-Five Thousand, Thirty- Five Dollars and Zero Cents ($ 975, 035. 00) in Escrow as the Pond S1 prorata share of the total Project Costs as detailed in Exhibit A. This amount must be provided in Escrow after City Council approval of this Agreement. If Council rejects this Agreement, the deposited Pond SI pro-rata share of total Project Costs will be returned to DEVELOPER. 2 95
3. Default.
a. If any party materially breaches or fails to comply with any of its obligations under this Agreement, such breaching party shall have thirty( 30) days after receipt of written notice of breach from a non- defaulting party ( the " Breach Notice") to cure such breach or noncompliance ( as such period may be extended as set forth below, the " Cure Period"). If such breaching party does not cure such breach or noncompliance within the Cure Period, it shall be deemed in default(" Default") under this Agreement; provided, however, that if the nature of the breach or noncompliance reasonably requires more than thirty( 30) days to cure, the breaching party shall not be in Default under this Agreement so long as the breaching party commences such cure within the Cure Period and diligently prosecutes such cure, and provided further that the Breach Notice shall set forth in reasonable detail the nature of the breach, noncompliance or default, as the case may be. b. Subject to the provisions of Section 4( c) below, upon a Default pursuant to Section 4( a), the parties shall first mediate the dispute in good faith using a mutually acceptable mediator, which mediation shall be scheduled and concluded not later than 60 days after expiration of the Cure Period. The mediation shall be conducted in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect. Claims, controversies or disputes not resolved by mediation shall be decided by binding arbitration unless the parties mutually agree otherwise. Arbitration shall be conducted in accordance with the Construction Industry Arbitration Rules ofthe American Arbitration Association currently in effect. The demand for arbitration shall be filed in writing with the other party and the American Arbitration Association. Notwithstanding the foregoing, any party may seek injunctive or other immediate equitable relief, if applicable, in a court of law, pending resolution of the dispute through mediation or arbitration.
c. Notwithstanding the foregoing, in the event of a payment default hereunder that is not cured within ten( 10) business days after any DEVELOPER' s receipt of a Breach Notice from CITY:
i) CITY may immediately suspend such Developer' s ability to use its discharge capacity; and ii) CITY may sell such Developer' s discharge capacity to repay Developers that funded the Project Costs.
5. Counterparts. This Agreement may be executed in counterparts, including electronic( pd and facsimile counterparts, each of which shall be considered an original and all of which together shall be considered the same document.
6. Advice of Counsel. Each ofthe parties has received the advice of legal counsel prior to signing this Agreement. Each party acknowledges no other party or agent or attorney has made a promise, representation, or warranty whatsoever, express or implied, not contained herein concerning the subject matter herein to induce another party to execute this Agreement. The parties agree no provision or provisions may be subject to any rules of construction based upon any party being considered the party drafting this Agreement.
7. Governin Law. The validity, interpretation and effect of this Ageement are governed by and shall be construed in accordance with the laws ofthe State of California. 3 96
8. Severabilitv. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable but the remainder of the Agreement can be enforced without failure of material consideration to any party, then this Agreement shall not be affected and it shall remain in full force and effect. If, however, the invalidity or unenforceability of any provision ofthis Agreement results in a material failure of consideration, all parties shall meet and negotiate in good faith not less frequently than every ten ( 10) days and formulate new terms that substitute the stricken clause with other provisions that provide substantially similar terms as the stricken clause. Ifthe parties are unable to agree, then the parties shall resolve the issues through mediation as set forth in Section l l. b.
9. Authorization. Without any personal liability therefor, each person executing this Agreement on behalf of the applicable party hereto warrants that ( i) such party is duly organized and existing, ( ii) such person has been duly authorized to execute and deliver this Agreement on behalf of the applicable party, ( iii) the execution ofthis Agreement by such person shall bind the applicable party to the terms of this Agreement, and ( iv) to such person' s knowledge, the execution of this Agreement does not violate any agreement as to which such party is bound.
CITY represents and warrants that CITY has obtained any necessary approvals to execute this Agreement and be bound by the terms hereof.
10. Other Agreements Not Affected. This Agreement constitutes the entire agreement between the parties hereto with respect to the Project Costs and supersedes all prior understandings or agreements with respect to the subject matter hereo£ This Agreement may be modified only by specific reference describing a mutual intent and agreement to amend this Agreement in written documents signed by all parties hereto.
11. Notices. All notices which are allowed or required to be given hereunder shall be in writing and i) shall be deemed given and received when personally delivered or( ii) shall be deemed given when the same are deposited in the United States Mail, with sufficient postage prepaid, to be sent by registered or certified mail or overnight mail service, addressed to the designated person by one party to another in writing, and shall be deemed received on the fourth business day after such mailing. Any notice shall be given to all ofthe following:
CITY DEVELOPER
City of Lathrop Lathrop Mossdale Investors, LP
390 Towne Centre Drive 1480 Moraga Road, STE C# 421
Lathrop, CA 95330 Moraga, CA 94556
Attn. City Manager Attn: Bruce Myers
With a copy to:
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Attn: City Attomey
4 97
12. Further Assurances. The parties agree to perform such further acts and to execute and deliver such further instruments as are reasonably necessary to accomplish the intent and purpose of this Agreement.
13. Assignment and Transfer. This Agreement shall inure to the benefit of and bind the successors and permitted assigns of the parties. Except for an assignment to an Affiliate ( defined below) of a Developer, no Developer may assign this Agreement without the prior written consent of CITY, which sha11 not be unreasonably withheld, conditioned or delayed. Without limiting the foregoing, prior to any Developer assignment, ( i) the assigning Developer shall notify CITY of the proposed assignment and provide reasonable information to CITY regarding the proposed assignee and ( ii) any potential assignee must reasonably demonstrate to the CITY' s satisfaction that the proposed assignee has the financial ability and experience to fulfill the assigning Developer' s obligations under this Agreement. Any Developer may assign this Agreement to an Affiliate, with notice to the other parties hereto. As used herein, the term Affiliate" means any person, entity or organization as to which any Developer has a controlling interest. As used herein, " controlling interest" means the right to control the management decisions of such person or entity, whether by contract or otherwise.
14. Time ofthe Essence. Time is ofthe essence ofthis Agreement.
15. Construction. All parties have been represented by counsel in the preparation ofthis Agreement and no presumption or rule that ambiguity shall be construed against a drafting party shall apply to interpretation or enforcement hereo£ Captions on sections and subsections are provided for convenience only and shall not be deemed to limit, amend or affect the meaning of the provision( s) to which they pertain.
16. No Joint Venture or Partnership. Nothing in this Agreement or in any document executed in connection with this Agreement shall be construed as creating a joint venture, partnership, or any agency relationship between CITY and DEVELOPER or all Developers.
17. Waiver. No waiver of any provision of this Ageement shall be effective unless such waiver is in writing and signed by a duly authorized representative of the party against whom enforcement is sought.
18. Table of Exhibits. The following e
ibits are attached hereto and made a part hereof:
Exhibit A: Discharge Capacities, Project Costs, Reimbursements, Developer' s Share and Land Available for Return to Developers
Exhibit B: Legal Description of Property to be Deeded to Developer Exhibit C: Quitclaim Deed
Exhibit D: Escrow Instructions
signatures on following pages]
5 98
ln witness whereof, the CITY and DEVELOPER have executed this Agreement as ofthe date first written above.
CITY OF LATHROP,
a Municipal Corporation of the State of California
BY:
Stephen J. Salvatore
City Manager
ATTEST:
BY:
Teresa Vargas
City Clerk
APPROVED AS TO FORM BY THE CITY OF LATHROP CITY ATTORNEY:
BY:
Salvador V. Navarrete
City Attorney
99 LATHROP MOSSDALE INVESTORS LP
a California limited partnership ( DEVELOPER)
BY: Lathrop Mossdale Ventures Inc.,
a California corporation
Its: General Partner
BY:
Bruce Myers
Vice President/ Secretary
7 100
EXHIBIT A
Project Costs")
Surface Water Discharge Capacity Allocated
River Islands 65. 2% 2, 843, 719. gpd
Saybrook CLSP, LLC 9. 8% 427, 255. gpd
Richland ( Crossroads) 7. 6% 330, 000. gpd
Lathrop Mossdale Investors, LP ( S1) 5. 13% 224, 580. gpd Lathrop Mossdale Investors, LP ( S2) 2. 67% 116, 883. gpd City of Lathrop 9. 5% 414, 287. gpd
Total 100 % 4, 357, 724. gpd
Proiect ESTIMATED Costs
1) Permitting& Environmental 927,979.
2) CEQA 675, 622.
3) Improvements at the CTF 4, 385, 327.
4) Construction of a
pipeline to the river $ 4, 030, 756.
5) Design, construction management, etc. $ 2, 436, 568. 6) Miscellaneous ( Fees) 24, 129.
7) Reimbursements 6, 515, 399.
Total Estimated Project Cost 18, 995, 780.
Credits Due for Advance Funding of Consultant Work awarded by City River Islands: Robertson- Bryan contract $ 74, 939. Contract awarded Jan 14, 2019 River Islands: Ascent Environmental 91, 287. Contract awarded June 10, 2019 Total Credits 166, 226.
Reimbursements Due
River Islands Pond SS 1, 001, 800. ( pond not returned to RI) Pond S 16 4, 083, 716 ( pond not returned to RI)
RW Pipe to S16 886, 000.
Pipeline/ land for Project $ 90. 133. ( pipeline not returned to RI Total RI Reimbursement $ 6, 061, 649.
Cit_y Pipeline for Project 453, 750.
Total Reimbursements 6, 515, 399
8 101
Developer' s Share of Proiect Costs
River Islands 65. 2% 12, 385, 248. 56
Saybrook CLSP, LLC 9. 8% 1, 861, 586. 44
Richland ( Crossroads) 7. 6% 1, 443, 679. 28
Lathrop Mossdale Investors LP ( S1) 5. 13% 975, 035
Lathrop Mossdale Investors LP ( S2) 2. 67% 506, 635. 84 City of Lathrop 9.6% 1, 823, 594. 88
Total Project Costs 100 % 18, 995, 780.
River Islands Cash Due
12, 385, 248. 56 River Islands share of Project
6, 061, 649. River Islands Reimbursements Due
166, 226. River Islands Credit for Advance Fundin of Studies 6, 157, 373. 56 River Islands Cash Due to Build Project Lands Available for Return to Developers
LLA/ Pond Acres
River Islands LAA A28 10 ( LAA = 1and application area) LAA A30 35
LAA A31 95
LAA A34 48
LAA A35 50 ( includes A35, A35b and A35c)
LAA A32 27 ( guaranteed but not yet built)
Saybrook CLSP, LLC Pond S28 8
LLA A36 29
LLA A37 38
Pond S29 0 former LAA, pond guaranteed but not yet built) LAA A37 l 0 ( guaranteed but not yet built)
LAA A38 9 guaranteed but not yet built)
Richland PB- 1 23 ( PB = Percolation Basin)
LMI, LP Pond S 1 13. 26 APN 191- 190- 32
LMI, LP Pond S2 6. 89 APN 191- 190- 33
Citv of Lathrop LAA Axx 20 ( acquired/ designed but not vet built) Total Land to be Returned 402. 15 Acres
9 102
EXHIBIT B
Legal Description of Property to be Deeded to Developer") Real property in the City of Lathrop, County of San Joaquin, State of California, described as follows:
THAT PORTION OF THAT CERTAIN REAL PROPERTY GRANTED TO LATHROP MOSSDALE INVESTORS LP, RECORDED ON THE 23RD DAY OF OCTOBER, 2003 AS INSTRUMENT NUMBER 2003- 244446, SAN
JOAQUIN COUNTY RECORDS SITUATED IN THE CTTY OF LATHROP, COUNTY OF SAN JOAQUIN, STATE OF CALIFORNIA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHERLY BOUNDARY OF SAID PARCEL( 2003- 244446), FROM WHICH THE SOUTHWEST CORNER OF SAID PARCEL( 2003- 244446) BEARS NORTH 89° 06' S0" WEST,
28. 03 FEET; THENCE FROM SAID POINT OF BEGINNING ALONG THE FOLLOWING 6 COURSES:
1. ALONG A LINE, PARALLEL WITH THE WESTERLY BOUNDARY OF SAID PARCEL( 2003- 244446) AND LYING 28.00 FEET EASTERLY, NORTH 01° 50' 13" WEST, 884.52 FEET;
2. THENCE TO THE RIGHT, ALONG THE ARC OF A 20. 00 RADIUS CURVE, HAVING A CENTRAL ANGLE OF 98° 56' 08" AND AN ARC LENGTH OF 34. 54 FEET;
3. THENCE ALONG A LINE, PARALLEL WITH THE NORTHERLY BOUNDARY OF SAID PARCEL( 2003- 244446 AND LYING 35.00 FEET SOUTHERLY, SOUTH 82° 54' OS" EAST, 686. 12 FEET;
4. THENCE LEAVING SAID PARALLEL LINE SOUTH 37° 44' 17" EAST, 42. 55 FEET;
5. THENCE SOUTH 07° 25' 30" WEST, 802. 08 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF SAID PARCEL( 2003- 244446);
6. THENCE ALONG SAID SOUTHERLY BOUNDARY, NORTH 89° 06' S0" WEST, 597. 43 FEET TO THE POINT OF BEGINNING.
APN: 191- 190- 32
10 103
EXHIBIT C
Quit Claim Deed")
11 104
RECORDING REQUESTED BY CF, ENT
AND WHEN RECORDED MAIL TO:
CITY OF LATHROP, a municipal corporation
CITY OF LATHROP
CITY CLERK
390 TOWNE CENTRE DRIVE
LATHROP, CA 95330
SPACE ABOVE THIS LINE FOR RECORDER' S USE. J
APNs: 191- 190- 32
QUITCLAIM DEED
FOR THE ABOVE-LISTED APN
THE UNDERSIGNED GRANTOR( s) DECLARE
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
THE CITY OF LATHROP, A MUNICIPAL CORPORATION
does hereby remise, release and farever quitclaim to K. Hovnanian Homes Northern California, Inc.
all ownership and all other rights to that property located in the County of San Joaquin, State of California described on Exhibit A attached hereto.
This Quitclaim Deed is executed and delivered by Grantor pursuant to Resolution No. 24 - of the City Council of Lathrop, approved on January 8, 2024, the executed copy will be filed with City' s Clerk' s Office.
Signature pages follow]
105
GRANTOR:
CITY OF LATHROP,
a California municipal corporation
By:
Stephen J. Salvatore, City Manager
APPROVED AS TO FORM BY THE CITY OF
LATHROP CITY ATTORNEY:
By:
Salvador Navarrete, City Attorney
Notary Acknowledge to follow]
106
EXHIBIT A
Legal Description of Land
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF LATHROP, IN THE COUNTY OF SAN JOAQUIN, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
That portion of that certain real property granted to Lathrop Mossdale Investors LP, recorded on the 23rd day of October, 2003 in Instrument Number 2003- 244446, San Joaquin County Records situated in the City of Lathrop, County of San Joaquin, State of California, and being mare particularly described as follows:
Beginning at a point on the Southerly boundary of said Parcel ( 2003- 244446), from which the Southwest corner of said Parcel( 2003- 244446) bears North 89° 06' S0" West, 28. 03 feet; thence from said point of beginning along the following 6 courses:
1. Along a line, parallel with the Westerly boundary of said Parcel( 2003- 244446) and lying 28. 00 feet Easterly, North O1° 50' 13" West, 884. 52 feet;
2. Thence to the right, along the arc of a 20. 00 radius curve, having a central angle of 98° 56' 08" and an arc length of 34. 54 feet;
3. Thence along a line, parallel with the Northerly boundary of said Parcel( 2003- 244446) and lying 35. 00 feet Southerly, South 82° 54' OS" East, 686. 12 feet;
4. Thence leaving said parallel line South 37° 44' 17" East, 42. 55 feet;
5. Thence South 07° 25' 30" West, 802. 08 feet to a point on the Southerly boundary of said Parcel( 2003- 244446);
6. Thence along said Southerly boundary, North 89° 06' S0" West, 597. 43 feet to the point of beginning.
APN: 191- 190- 32
107
EXHIBIT D
Escrow Instructions")
12 108
JOINT ESCROW INSTRUCTIONS
RECORDATION OF QUITCLAIM DEED
OUTFALL FUNDING AGREEMENT - TRACT 3225)
January 8, 2024
Via Email
Barbara Clarke
First American Tit1e Company
3400 Douglas Blvd Suite 130
Roseville, CA 95661
Email: bclarke@firstam. com
Re: Outfall Funding Agreement— Tract 3225; Escrow#-------------- Dear Barbara:
This letter constitutes the joint escrow instructions (" Escrow Instructions") of Lathrop Mossdale Investors LP, a California limited partnership (" LMI") and the City of Lathrop (" City") in connection with the above-referenced escrow (" Escrow"). The Escrow was opened in connection with recordation of the quitclaim deed (" Quitclaim Deed") described in the above- referenced Outfall Funding Agreement(" Outfall Funding Agreement"). Recordation ofthe Quitclaim Deed is subject to the conditions set forth below. The transactions described in these Escrow Instructions are referred to as the " Transaction." First American Title Company is referred to as " you" or FATCO."
A. Date for Closing
The Quitclaim Deed will be recorded as set forth below. The Quitclaim Deed can only be recarded after the City has approved Outfall Funding Agreement in writing. The closing date for the Transaction(" Closing") shall occur concurrently with the closing of FATCO Escrow #627282a1a the" Hovnanian Escrow"). If the Quitclaim Deed has not been recarded by December 31, 2024, FATCO will return the Quitclaim Deed to the City.
B. Documents to be Delivered and Recordation Documents
In connection with the Transaction, you have in your possession or will receive the following documents from City and LMI for recordation in the Official Records of San Joaquin County, California(" Offcial Records").
B. 1. One original Quitclaim Deed, executed and acknowledged by the City ( provided to FATCO by City).
The documents listed in Item B. 1 above are referred to as the" Recordation Documents." The date on which the Recordation Documents are recorded in the Official Records is the Recordation Date.
C. Funds and Settlement Statement
You also have received, or will receive from LMI, prior to the recordation of the Recordation Documents, in immediately available funds, the following amounts, in accordance with the 1 109
JOINT ESCROW INSTRUCTIONS
RECORDATION OF QUITCLAIM DEED
OUTFALL FUNDING AGREEMENT - TRACT 3225)
settlement statement prepared by you and approved in writing by both LMI and City(" Settleircent Staterrzent"): recordation costs, escrow fees and other amounts as set forth in the Settlement Statement. Such costs, fees and other amounts are the sole responsibility of LMI or its authorized designee as shown on the Settlement Statement.
Funds to be wire transferred directly to the City, immediately upon recordation of the Quitclaim Deed, in accordance with the wire transfer instructions for each entity are as follows:
1. The amount of $975, 035, payable to the City pursuant to the Outfall Funding Agreement, is to be transferred to the City upon recordation ofthe Quitclaim Deed.
The City' s wire instructions are set forth below. The amounts set forth in Section C are referred to as the" Closing Funds."
D. Closing Requirements
When the following has occurred, you are authorized to close the Escrow at the time and in accordance with the process set forth below:
D. l. You have delivered copies of your Settlement Statement by email transmission to: ( a) Bruce Myers ( brucemyerswc@gmail. com); ( b) Brad Taylor btaylar@ci. lathrop. ca.us); ( c) Salvador Navarrete( snavarrete@cilathrop. ca.us; ( d) Sandra Lewis slewis@ci. lathrop. ca. us); and ( e) Bellal Nabizadah ( bnabizadah@ci. lathrop. ca.us), and have confirmation ( by telephone or email) from Bruce Myers and Brad Taylor that the Settlement Statement is accurate and acceptable;
D. 2. The Recordation Documents have been received by you and have been fully executed and, where applicable, acknowledged, and you have attached all legal descriptions ar have confirmed that all exhibits and legal descriptions are attached; D. 3 You are prepared to record the Recordation Documents, as designated, release funds in accordance with the Settlement Statement and complete the Transaction in compliance with these Escrow Instructions;
D. 4. You have delivered a copy of these instructions, executed by an authorized signatory of FATCO with authority to bind FATCO, by email transmission to Bruce Myers, Brad Taylar, and Sandra Lewis at the email addresses set forth above; and D. S. The Hovnanian Escrow has not been canceled.
E. Closin Process and Priorities
When you have fully satisfied all of the closing requirements set forth in Section D, then you are authorized and instructed to do the following in the chronological order given:
E. 1. Date the Recardation Documents to be recorded;
2 110
JOINT ESCROW INSTRUCTIONS
RECORDATION OF QUITCLAIM DEED
OUTFALL FUNDING AGREEMENT - TRACT 3225)
E. 2. Record the Recordation Documents in the Official Records; E. 3. Pay the costs associated with the Transaction;
E. 4. Refund any funds delivered to you by LMI or its authorized designee that are not disbursed at the time ofthe final Closing pursuant to these Escrow Instructions to LMI or its authorized designee.
E. S. Notify ( a) Bruce Myers ( brucemyerswc@gmail. com); ( b) Brad Taylor btaylor@ci. lathrop. ca.us); ( c) Salvador Navarrete ( snavarrete@ci. lathrop.ca.us; ( d) Sandra Lewis slewis@ci. lathrop. ca.us); and ( e) Bellal Nabizadah ( bnabizadah@ci. lathrop. ca.us) of the completion of the Transaction;
E. 6. Within five( 5) business days after the Recordation Date, deliver to: ( 1) LMI, 675 Hartz Avenue, Suite 301, Danville, CA 94526; and( 2) Brad Taylor, City Engineer, City of Lathrop, 390 Towne Centre Drive, Lathrop, CA 95330:
A) a certified copy of the Recordation Documents, showing all recording information of the Recordation Documents; and
B) a certified copy of the final Settlement Statement.
F. AdditionalInstructions
When assembling the final documents, signature pages from all parties shall be inserted into each respective final document in creating fully executed counterparts.
Please acknowledge receipt of these instructions and your agreement to act as Escrow agent in connection with this Transaction in accordance with these Escrow Instructions, by executing and dating a copy of these Escrow Instructions below and returning it to both ofthe undersigned.
The Escrow Instructions may be modified only in a writing signed by both ofthe undersigned.
Very truly yours,
Stephen J. Salvatore Date Bruce Myers Date
City Manager Vice President/ Secretary
City of Lathrop Lathrop Mossdale Investors LP
By: Lathrop Mossdale Ventures, Inc.
Its General Partner
3 111
JOINT ESCROW INSTRUCTIONS
RECORDATION OF QUITCLAIM DEED
OUTFALL FUNDING AGREEMENT - TRACT 3225)
ESCROW iNSTRUCTIONS
ACKNOWLEDGEMENT AND AGREEMENT:
Receipt ofthe faregoing Escrow Instructions from LMI and the City is hereby acknowledged. The undersigned agrees, for itself, and on behalf of FATCO, to proceed in strict accordance with these Escrow Instructions. The undersigned represents and warrants to LMI and the City that the undersigned is authorized to execute this Acknowledgement and Agreement, for itself, and on behalf of FATCO.
First American Tit1e Company
By:
Its:
Date:
4 112
JOINT ESCROW INSTRUCTIONS
TTaCl JiENT " "
RECORDATION OF QUITCLAIM DEED
OUTFALL FUNDING AGREEMENT - TRACT 3225)
January 8, 2024
Via Email
Barbara Clarke
First American Title Company
3400 Douglas Blvd Suite 130
Roseville, CA 95661
Email: bclarke@firstam. com
Re: Outfall Funding Agreement— Tract 3225; Escrow#-------------- Dear Barbara:
This letter constitutes the joint escrow instructions (` Bscrow Instructions") of Lathrop Mossdale Investors LP, a California limited partnership (" LMI") and the City of Lathrop (" City") in connection with the above- referenced escrow(" Escrow"). The Escrow was opened in connection with recordation of the quitclaim deed (" Quitclaim Deed") described in the above- referenced Outfall Funding Agreement(" Outfall Funding Agreement"). Recordation of the Quitclaim Deed is subject to the conditions set forth below. The transactions described in these Escrow Instructions are referred to as the " Transaction." First American Title Company is referred to as " you" or FATCO."
A. Date for Closing
The Quitclaim Deed will be recarded as set forth below. The Quitclaim Deed can only be recorded after the City has approved Outfall Funding Agreement in writing. The closing date far the Transaction(" Closing") shall occur concurrently with the closing of FATCO Escrow # 627282a1a the" Hovnanian Escrow"). Ifthe Quitclaim Deed has not been recorded by December 31, 2024, FATCO will return the Quitclaim Deed to the City.
B. Documents to be Delivered and Recordation Documents
In connection with the Transaction, you have in your possession or will receive the following documents from City and LMI for recordation in the Official Records of San Joaquin County, California(" Official Records").
B. 1. One original Quitclaim Deed, executed and acknowledged by the City (provided to FATCO by City).
The documents listed in Item B. 1 above are referred to as the" Recordation Documents." The date on which the Recordation Documents are recorded in the Official Records is the Recordation Date.
C. Funds and Settlement Statement
You also have received, or will receive from LMI, prior to the recordation of the Recordation Documents, in immediately available funds, the following amounts, in accordance with the 1 113
JOINT ESCROW INSTRUCTIONS
RECORDATION OF QUITCLAIM DEED
OUTFALL FUNDING AGREEMENT - TRACT 3225)
settlement statement prepared by you and approved in writing by both LMI and City(" Settlement Statement"): recordation costs, escrow fees and other amounts as set forth in the Settlement Statement. Such costs, fees and other amounts are the sole responsibility of LMI or its authorized designee as shown on the Settlement Statement.
Funds to be wire transferred directly to the City, immediately upon recordation of the Quitclaim Deed, in accordance with the wire transfer instructions for each entity are as follows:
L The amount of $975, 035, payable to the City pursuant to the Outfall Funding Agreement, is to be transferred to the City upon recordation ofthe Quitclaim Deed.
The City' s wire instructions are set forth below. The amounts set forth in Section C are referred to as the" Closing Funds."
D. Closing Requirements
When the following has occurred, you are authorized to close the Escrow at the time and in accordance with the process set forth below:
D. L You have delivered copies of your Settlement Statement by email transmission to: ( a) Bruce Myers ( brucemyerswc@gmail. com); ( b) Brad Taylor btaylor@cilathrop. ca.us); ( c) Salvador Navarrete ( snavarrete@cilathrop. ca.us; ( d) Sandra Lewis slewis@ci. lathrop. ca.us); and ( e) Bellal Nabizadah ( bnabizadah@ci. lathrop. ca.us), and have confirmation ( by telephone or email) from Bruce Myers and Brad Taylor that the Settlement Statement is accurate and acceptable;
D. 2. The Recordation Documents have been received by you and have been fully executed and, where applicable, acknowledged, and you have attached all legal descriptions or have confirmed that all exhibits and legal descriptions are attached; D. 3 You are prepared to record the Recordation Documents, as designated, release funds in accordance with the Settlement Statement and complete the Transaction in compliance with these Escrow Instructions;
D. 4. You have delivered a copy ofthese instructions, executed by an authorized signatory of FATCO with authority to bind FATCO, by email transmission to Bruce Myers, Brad Taylor, and Sandra Lewis at the email addresses set forth above; and D. S. The Hovnanian Escrow has not been canceled.
E. Closin Process and Priorities
When you have fully satisfied all of the closing requirements set forth in Section D, then you are authorized and instructed to do the following in the chronological order given:
E. 1. Date the Recordation Documents to be recorded;
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JOINT ESCROW INSTRUCTIONS
RECORDATION OF QUITCLAIM DEED
OUTFALL FUNDING AGREEMENT - TRACT 3225)
E.2. Record the Recordation Documents in the Official Records; E. 3. Pay the costs associated with the Transaction;
E.4. Refund any funds delivered to you by LMI or its authorized designee that are not disbursed at the time of the final Closing pursuant to these Escrow Instructions to LMI or its authorized designee.
E. S. Notify ( a) Bruce Myers ( brucemyerswc@gmail. com); ( b) Brad Taylor btaylor@ci. lathrop. ca.us); ( c) Salvador Navarrete( snavarrete@ci. lathrop. ca.us; ( d) Sandra Lewis slewis@ci. lathrop. ca.us); and ( e) Bellal Nabizadah ( bnabizadah@ci. lathrop. ca.us) of the completion of the Transaction;
E. 6. Within five( 5) business days after the Recordation Date, deliver to: ( 1) LMI, 675 Hartz Avenue, Suite 301, Danville, CA 94526; and( 2) Brad Taylor, City Engineer, City of Lathrop, 390 Towne Centre Drive, Lathrop, CA 95330:
A) a certified copy ofthe Recordation Documents, showing all recording information of the Recordation Documents; and
B) a certified copy of the final Settlement Statement.
F. AdditionalInstructions
When assembling the final documents, signature pages from all parties shall be inserted into each respective final document in creating fully executed counterparts.
Please acknowledge receipt of these instructions and your agreement to act as Escrow agent in connection with this Transaction in accordance with these Escrow Instructions, by executing and dating a copy of these Escrow Instructions below and returning it to both ofthe undersigned.
The Escrow Instructions may be modified only in a writing signed by both ofthe undersigned.
Very truly yours,
Stephen J. Salvatore Date Bruce Myers Date
City Manager Vice President/ Secretary
City of Lathrop Lathrop Mossdale Investors LP
By: Lathrop Mossdale Ventures, Inc.
Its General Partner
3 115
JOINT ESCROW INSTRUCTIONS
RECORDATION OF QUITCLAIM DEED
OUTFALL FUNDING AGREEMENT - TRACT 3225)
ESCROW iNSTRUCTIONS
ACKNOWLEDGEMENT AND AGREEMENT:
Receipt of the foregoing Escrow Instructions from LMI and the City is hereby acknowledged. The undersigned agrees, for itself, and on behalf of FATCO, to proceed in strict accordance with these Escrow Instructions. The undersigned represents and warrants to LMI and the City that the undersigned is authorized to execute this Acknowledgement and Agreement, for itself, and on behalf of FATCO.
First American Title Company
By:
Its:
Date:
4 116
ITEM 4. 10
CITY MANAGER' S REPORT
7ANAURY 8, 2024 CITY COUNCIL REGULAR MEETING
ITEM: AWARD CONSTRUCTION CONTRACT TO BAGLEY
ENTERPRISES, INC. FOR THE FUELING FACILITY
ASSOCIATED WITH CIP GG 21- 13 CORPORATION
YARD IMPROVEMENTS
RECOMMENDATION: Adopt Resolution Awarding a Construction Contract to Bagley Enterprises, Inc. for the Fueling Facility
Associated with CIP GG 21- 13 Corporation Yard
Improvements
SUMMARY:
On April 12, 2021, City Council approved the creation of Capital Improvement Project CIP) GG 21- 13 Corporation Yard Improvements to add new buildings and services to the property, including a fueling facility for City vehicles.
The plans and specifications for the construction of the fueling facility ( Project) were completed by staff, and advertised on November 30, 2023 in accordance with Bidding Procedures in California Public Contract Code ( PCC) 20160 and Lathrop Municipal Code ( LMC) 2. 36. 060. The City Clerk received and opened three ( 3) bids on December 19, 2023. Based on the review and evaluation of the bids, the responsible bidder with the lowest responsive bid for the Project was determined to be Bagley Enterprises, Inc. ( Bagley) with a bid of $ 335, 210.
Staff requests City Council award a construction contract to Bagley for the construction of the Fueling Facility in the amount of $ 335, 210. Staff also requests City Council authorize a 20% construction contingency of $ 67, 042 for a total cost not to exceed $ 402, 252.
Sufficient funds were allocated in the approved Fiscal Year ( FY) 2023- 24 budget to award the contact.
BACKGROUND:
On April 12, 2021, City Council approved the creation of Capital Improvement Project CIP) GG 21- 13 Corporation Yard Improvements to add additional office space, security upgrades, a fueling facility, a material handling site with storage racks and additional asphalt pavement for vehicle and foot traffic.
On December 11, 2022, City Council awarded a construction contract to construct all concrete flatwork, diking, and fuel tank footings for the fueling facility. This was a significant step towards creating a robust and efficient fueling infrastructure for the City. The construction work began promptly, and by June 2023, all the necessary concrete work had been completed. This cleared the way for installing all fueling components.
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CITY MANAGER' S REPORT PAGE 2
7ANUARY 8, 2024 CITY COUNCIL REGULAR MEETING
AWARD CONSTRUCTION CONTRACT TO BAGLEY ENTERPRISES, INC. FOR THE FUELING FACILITY ASSOCIATED WITH CIP GG 21- 13 CORPORATION
YARDIMPROVEMENTS
Soon thereafter, the City purchased above- ground storage tanks for gasoline, diesel and diesel exhaust fluid ( DEF) and staged them for installation.
On June 23, 2023, the City received Authority to Construct ( ATC) from the San Joaquin Valley Air Pollution Control District for Facility N- 8591- 2- 0, confirming the District' s approval of the Project scope and authorizing construction of the Project.
The Project will provide a service- ready fleet fueling facility for city vehicles, with one nozzle each of gasoline, diesel and DEF. The Project also includes tank placement and anchorage, and installation of pumps, piping, dispensers, hoses, nozzles and a FuelMaster electronic fuel control and inventory system.
Staff prepared bid specifications, plans and technical specifications for solicitation on November 30, 2023 in accordance with CA PCC 20160 and LMC 2. 36. 060. Three ( 3) bids were received and opened by the City Clerk on December 19, 2023, all determined to be responsive and from responsible bidders. The bid results are summarized in Table 1 below:
Tab/ e 1: Summar of Bid Resu/ ts- Pro ert and Evidence Bui/din Contractor Total Bid
Ba le Enter rises, Inc. 335, 210. 00
GEMS Environmental Mana ement Services, Inc. 489, 155. 00 Air & Lube S stems, Inc. 492, 359. 25
Staff reviewed and evaluated the bids, and determined that the lowest responsible bidder is Bagley. Staff requests City Council adopt a resolution awarding a construction contract to Bagley in the amount of $ 335, 210 for the construction of the Project. Staff also requests City Council authorize a 20% construction contingency of 62, 042, and authorize staff to spend the contingency as necessary to achieve the goals of the Project for a total cost not to exceed $ 402, 252.
REASON FOR RECOMMENDATION:
The proposed improvements will provide a service- ready fueling facility typical of many California cities that will minimize vehicle fueling costs and provide efficient fueling operations for many City departments, including Public Works Operations and Maintenance, Police, Building and Parks and Recreation.
FISCAL IMPACT:
The proposed construction contract with Bagley is for $ 335, 210. A 20% construction contingency is requested in the amount of $ 67, 042 for a total cost not to exceed 402, 252.
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CITY MANAGER' S REPORT PAGE 3
JANUARY 8, 2024 CITY COUNCIL REGULAR MEETING
AWARD CONSTRUCTION CONTRACT TO BAGLEY ENTERPRISES, INC. FOR THE FUELING FACILITY ASSOCIATED WITH CIP GG 21- 13 CORPORATION
YARDIMPROVEMENTS
Sufficient funds were allocated in the approved Fiscal Year ( FY) 2023/ 24 budget for CIP GG 21- 13 to award the contract; therefore, no budget amendment is needed.
ATTACHMENTS:
A. Resolution Awarding a Construction Contract to Bagley Enterprises, Inc. for the Fueling Facility Associated with CIP GG 21- 13 Corporation Yard Improvements B. Construction Contract with Bagley Enterprises, Inc. for the Fueling Facility Associated with CIP GG 21- 13, Corporation Yard Improvements 119
CITY MANAGER' S REPORT PAGE 4
JANUARY 8, 2024 CITY COUNCIL REGULAR MEETING
AWARD CONSTRUCTION CONTRACT TO BAGLEY ENTERPRISES, INC. FOR THE FUELING FACILITY ASSOCIATED WITH CIP GG 21- 13 CORPORATION
YARDIMPROVEMENTS
APPROVALS:
2 , 9_ z 3
Steven Hollenbeak Date
Assistant Engineer
I2- q - 3
Ken Reed Date
Senior Construction Manager
12° i 2dZ3
Brad ylor Date
City Engineer
a%
Cari James Date
Director of nance
c- 1 Z - - 2oZ3
Michael King Date
Assistant City Manager
i
t • zoZ3
Salvador Navarrete Date
City Attorney
3 ` 2 i
Stephen J. Salvatore Date
City Manager
120
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP AWARDING A CONSTRUCTION CONTRACT TO BAGLEY ENTERPRISES, INC. FOR THE FUELING FACILITY ASSOCIATED WITH CIP GG 21- 13 CORPORATION YARD
IMPROVEMENTS
WHEREAS, on April 12, 2021, City Council approved the creation of Capital Improvement Project ( CIP) PK GG 21- 13 Corporation Yard Improvements to add new buildings and services to the property; and
WHEREAS, on November 30, 2023, the City solicited bids for the construction of a fueling facility ( Project) to provide gasoline and diesel fuel for City- owned vehicles; and
WHEREAS, a total of three ( 3) bids were received and opened by the City Clerk on December 19, 2023; and
WHEREAS, upon review and evaluation of the bids, the responsible bidder with the lowest responsive bid for the Project was determined to be Bagley Enterprises, Inc. ( Bagley) with a bid of $ 335, 210; and WHEREAS, staff requests City Council award a construction contract to Bagley in the amount of $ 335, 210 for the construction of the Project; and WHEREAS, staff also requests Council authorize a 20% construction contingency in the amount of $ 67, 042 and authorize staff to spend the contingency as necessary to achieve the goals of the Project for a total cost not to exceed 402, 252; and
WHEREAS, sufficient funds were allocated in the approved Fiscal Year ( FY) 2023/ 24 budget for the construction of the Project; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby awards a construction contract to Bagley Enterprises, Inc. for the construction of the Fueling Facility Associated with CIP GG 21- 13, Corporation Yard Improvements for a cost of $ 335, 210; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby approve a 20% construction contingency of $ 67, 042 for a total cost not to exceed $ 402, 252 for the construction of the Project and authorizes staff to spend up to this amount as necessary to accomplish the goals of the Project. 121
The foregoing resolution was passed and adopted this 8t" day of January, 2024 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 122
TTAC HMENT
SECTION 00500
CORPORATION YARD FUELING FACILITY CONSTRUCTION CONTRACT CIP GG 21- 13
CONSTRUCTION CONTRACT
This Contract, dated January 8, 2024 is entered into by and between the City of Lathrop, a municipal corporation of the State of California ( City), and Bagley Enterprises, Inc., Contractor), whose Taxpayer ldentification Number is
For and in consideration of the following covenants, terms and conditions, City and Contractor( the parties) agree:
1. Term. This Contract shall commence on, and be binding on the parties on, the date of execution of this Contract, and shall expire on the date of recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder, subject to the earlier termination of this Contract.
2. General Scope of Project and Work. Construction Documents for CORPORATION YARD FUELING FACILITY, CIP GG 21- 13 ( Project). Contractor shall furnish labor, services, materials and equipment in connection with the construction of the Project and complete the Work in accordance with the covenants, terms and conditions of this Contract to the satisfaction of City.
The work to be performed under this contract includes all work contained in the Construction Documents, as detailed in Paragraph 3 below, including, but not limited to the installation of a Hirt burner, pumps, dispenser, hanging hardware and a FuelMasterTM module and piping for the connection of all to existing above- ground gasoline, diesel and DEF tanks to provide a complete and service- ready fueling facility, and any task necessary to accomplish the aforementioned tasks.
The work shall be completed within 40 working days following issuance of Notice to Proceed.
The Work shall be complete, and all appurtenant work, materials, and services not expressly shown or called for in the Construction Documents which may be necessary for the complete and proper construction of the Work in good faith shall be performed, furnished, and installed by the Contractor as though originally specified or shown. The Contractor will be compensated for actual work performed in accordance with the unit prices and provisions contained in these Construction Documents.
Base Bid Total: $ 335, 210. 00
3. Construction Documents. This Contract shall include the Construction Documents which are on file with the Public Works Department and are hereby incorporated by reference i. e. Project Specifications, Project Plans, addenda, performance bond, labor and materials bond, certification of insurance, workers compensation certification, and Warranty Bond Acknowledgement) and the Bid Documents submitted by Bagley Enterprises, Inc. on Dec. 19, 2023. For the purposes of construing, interpreting and resolving inconsistencies between the provisions ofthis Contract, these documents and the provisions thereof are set forth in the order of precedence described in Article 3 of the General Conditions. 123
SECTION 00500
CORPORATION YARD FUELING FACIL[ TY CONSTRUCTION CONTRACT CIP GG 21- 13
4. Compensation. In consideration of Contractor' s performance ofits obligations hereunder, City shall pay to Contractor the amount set forth in Contractor' s Bid in accordance with the provisions of this Contract and upon the receipt of written invoices and all necessary supporting documentation within the time set forth in the Construction Documents.
Contractor hereby shall not be permitted to invoice the City nor accept compensation for work not yet complete. In no event, shall the Contractor be entitled to payment for work not included in the approved scope of work, a written task order, or change order signed by the City' s Public Works Director prior to commencement of any work.
5. Insurance. On or before the Date of Execution, Contractor shall obtain and maintain the policies of insurance coverage described in Section 5. 2 of the General Conditions on terms and conditions and in amounts as may be required by the City. City shall not be obligated to take out insurance on Contractor' s personal property or the personal property of any person performing labor or services or supplying materials or equipment under the Project.
Contractor shall furnish City with the certificates of insurance and with original endorsements affecting coverage required under this Contract on or before the Date of Execution. The certificates and endorsements for each insurance policy shall be signed by a person who is authorized by that insurer to bind coverage in its behalf. Proof ofinsurance shall be mailed to the Proj ect Manager to the address set forth in Section 15 ofthis Contract.
6. Indemnification. Contractor agrees to protect, defend, indemnify and hold City, its City Council members, officers, employees, engineer, and construction manager harmless from and against any and all claims, demands, liabilities, losses, damages, costs, expenses, liens, penalties, suits, ar 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 ofthis Contract, or arising thereafter.
7. Assumption of Risk. Contractor agees to voluntarily assume any and all risk of loss, damage, or injury to the property ofContractor which may occur in, on, or about the Project site at any time and in any manner, excepting such loss, injury, or damage as may be caused by the sole willful or negligent act ar omission of City or any of its City Council members, officers, or employees.
8. Waiver. The acceptance of any payment ar performance, or any part thereof, shall not operate as a waiver by City ofits rights under this Contract. A waiver by City ofany breach of any part or provision of this Contract by Contractor shall not operate as a waiver or 124
SECTION 00500
CORPORATION YARD FUELING FACILITY CONSTRUCTION CONTRACT CIP GG 21- 13
continuing waiver of any subsequent breach of the same or any other provision, nor shall any custom or practice which may arise between the parties in the administration of any part or provision of this Contract be construed to waive or to lessen the right of City to insist upon the performance of Contractor in strict compliance with the covenants, terms and conditions of this Contract.
9. Compliance with Laws. Contractor shall comply with all Laws now in force or which may hereafter be in force pertaining to the Project and Work and this Contract, with the requirement of any bond or fire underwriters or other similar body now or hereafter constituted, with any discretionary license or permit issued pursuant to any Law of any public agency or official as well as with any provision of all recorded documents affecting the Project site, insofar as any are required by reason of the use or occupancy ofthe Project site, and with all Laws pertaining to nondiscrimination and affirmative action in employment and hazardous materials.
DEPARTMENT OF INDUSTRIAL RELATIONS- COMPLIANCE MONITORING UNIT DIR Registration.
a) Contractor and Subcontractor Compliance. Strict compliance with DIR registration requirements pursuant to Labor Code Section 1725. 5 is a material obligation of the Contractor under the Contract Documents. The foregoing includes without limitation, compliance with DIR Registration requirements at all times during performance of the Work by the Contractor and all Subcontractors of any tier. The failure of the Contractor and all Subcontractors of every tire to be DIR registered at all times during the performance of the Wark is the Contractor' s default of a material obligation of the Contractor under the Contract Documents.
b) No Subcontractor Performance of Work Without DIR Registration. No portion of the Work is permitted to be performed by a Subcontractor of any tier unless the Subcontractar is a DIR Registered contractor.
c) Contractor Obligation to Verifv Subcontractor DIR Re istration Status. An affirmative and on- going obligation of the Contractor under the Contract Documents is the Contractor' s verification that a11 Subcontractors, of all tiers, are at all times during performance of Work in fu11 and strict compliance with DIR Registration requirements.
The Contractor shall not permit or allow any Subcontractor of any tier to perform any Work without the Contractor' s verification that all such Subcontractors are in full and strict compliance with DIR Registration requirements.
d) Contractor Obligation to Request Substitution of Non- DIR Re istered Subcontractor. If any Subcontractor identified in the Contractor' s Subcontractor List submitted with the Contractor' s proposal for the Wark is not DIR Registered at the time of opening of proposals for the Work or if a Subcontractar' s DIR registration lapses prior to or during a Subcontractor' s performance of Work, the Contractor shall request the CITY' s consent to 125
SECTION 00500
CORPORATION YARD FUELING FACILITY CONSTRUCTION CONTRACT CIP GG 21- 13
substitute the non- DIR registered Subcontractor pursuant to Labor Code Section 1771. 1( c)( 3) and/ or Labor Code Section 1771. 1( d).
Certified Payroll Records
a) Compliance with Labor Code Section 1771. 4 and 1776. A material obligation of the Contractor under the Contract Documents is: ( i) the Contractor' s strict compliance with the requirements pursuant to Labor Code Section 1771. 4 and 1776 for preparation and submittal of Certified Payroll Records (" CPR"); and ( ii) the Contractor' s enforcement of CPR preparation and submittal for all Subcontractors of every tier. b) Express Condition Precedent to Paytnent of Contact Price. Strict compliance with CPR requirements established pursuant to Labor Code Section 1776 is an express condition precedent to the CITY' s obligation to: ( i) process any request for payment of any portion ofthe Contract Price; or( ii) to disburse any portion ofthe Contract Price to the Contractor.
The Contractor shall demonstrate strict compliance with CPR preparation and submittal requirements by delivery to the CITY of electronic files or hard copies of all CPR' s submitted by the Contractor and/ or Subcontractors for Work pursuant to Labor Code Section 1771. 4 and 1776 concurrently with the submittal thereof to the Labar Commissioner. The CITY: ( i) sha11 not be obligated to process or disburse any portion of the Contract Price; or ( ii) shall not be deemed in default of the CITY' s obligations under the Contract Documents unless the Contractor' s demonstrates strict compliance with CPR preparation and submittal requirements.
c) PWR Monitoring and Enforcement. During the Wark pursuant to Labor Code Section 1771. 4( a)( 4), the Department of Industrial Relations shall monitor and enforce the obligation of the Construction and Subcontractors of every tier to pay the laborers performing any portion of the work the PWR established for the classification of work/ labor performed.
RECORD OF WAGES PAID: INSPECTION
Pursuant to Labor Code section 1776, Contractor stipulates to the following:
a) Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours warked 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 public work under the Facilities lease and Construction Provisions. Such recards shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information of such forms. The payroll records may consist of payroll data that are maintained as computer records, if printouts contain the same information as the forms provided by the division and the printouts are verified as specified in subdivision ( a) of Labor Code section 1776.
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SECTION 00500
CORPORATION YARD FUELING FACILITY CONSTRUCTION CONTRACT CIP GG 21- 13
b) The payroll records enumerated under subdivision ( a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor on the following basis:
1) A certified copy of an employee' s payroll record shall be made available for inspection or furnished to such employees or his or her authorized representative on request.
2) A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to a representative of the CITY, the Division of Labor Standards Enforcement, and Division of Apprenticeship Standards of the Department of Industrial Relations.
3) A certified copy of all payroll records enumerated in subdivision ( a) shall be made available upon request by the public for inspection or copies thereof. However, a request by the public shall be made through either the CITY, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. Ifthe requested payroll records have not been provided pursuant to paragraph ( 2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by 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 Contractor.
c) Contractor shall file a certified copy of the records enumerated in subdivision ( a) with the entity that requested such records within ten ( 10) days after receipt ofthe written request. d) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency, by 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 prevent disclosure of an individual' s name, address and social security number. The name and address of contractor awarded the contract or performing the contract shall not be marked or obliterated.
e) Contractor shall inform the CITY of the location of the recards enumerated under subdivision( a), including the street address, city, and county, and shall, within( 5) working days, provide a notice of a change of location and address.
In the event of noncompliance with the requirements of this Article, Contractor shall have ten (] 0) days in which to comply subsequent to receipt of written notice specifying in what respects Contractor must comply with this Article. Should noncompliance still be evident after such 10- day period, Contractor shall pay a
penalty of One- Hundred Dollars($ 100. 00)
to the CITY for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from the progress payment then due.
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SECTION 00500
CORPORATION YARD FUELING FACILITY CONSTRUCTION CONTRACT C1P GG 21- 13
The responsibility for compliance with this Article shall rest upon Contractor.
10. Bonds. As a condition precedent to City' s obligation to pay compensation to Contractor, and on or before the date of Execution, Contractor shall furnish to the Project Manager the Bonds as required under Section 00700 - S. IA.
1 l. Representations and Warranties. In the supply of any materials and equipment and the rendering of labor and services during the course and scope of the Project and Work, Contractar represents and warrants:
1) Any materials and equipment which shall be used during the course and scope of the Project and Work shall be vested in Contractor;
2) Any materials and equipment which shall be used during the course and scope of the Project and Work shall be merchantable and fit to be used for the particular purpose for which the materials are required;
3) Any labor and services rendered and materials and equipment used or employed during the course and scope of the Project and Work shall be free of defects in workmanship for a period of one ( 1) year after the recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payrnent is made hereunder;
4) Any manufacturer' s warranty obtained by Contractor shall be obtained or shall be deemed obtained by Contractar for and on behalf of City. 5) Any information submitted by Contractor prior to the award of Contract, or thereafter, upon request, whether or not submitted under a continuing obligation by the terms of the Contract to do so, is true and correct at the time such information is submitted or made available to the City;
6) Contractor has not colluded, conspired, or agreed, directly or indirectly, with any person in regard to the terms and conditions of Contractor' s Bid, except as may be permitted by the Notice to Contractors;
7) Contractor has the power and the authority to enter into this Contract with City, that the individual executing this Contract is duly authorized to do so by appropriate resolution, and that this Contract shall be executed, delivered and performed pursuant to the power and authority conferred upon the person or persons authorized to bind Contractar;
8) Contractor has not made an attempt to exert undue influence with the Project Manager or any other person who has directly contributed to City' s decision to award the Contract to Contractor;
9) There are no unresolved claims or disputes between Contractar and City which would materially affect Contractar' s
ability to perform under the Contract;
128
SECTION 00500
CORPORATION YARD FUELING FACILITY CONSTRUCTION CONTRACT CIP GG 21- 13
10) Contractor has furnished and will furnish true and accurate statements, records, reports, resolutions, certifications, and other written information as may be requested of Contractor by City from time to time during the term ofthis Contract; 11) Contractor and any person performing labor and services under this Project is duly licensed as a contractor with the State of California as required by California Business & Professional Code Section 7028, as amended; and 12) Contractor has fully examined and inspected the Project site and has full knowledge ofthe physical conditions ofthe Project site.
12. Assi n. This Contract and the performance required hereunder is personal to Contractor, and it shall not be assigned by Contractor. Any attempted assignment shall be null and void.
13. Claims of Contractor. All claims pertaining to extra work, additional charges, ar delays within the Contract Time or other disputes arising out of the Contract shall be submitted by Contractor in accordance with the General Conditions.
14. Audits by City. During the term of this Contract and for a period of not less than three ( 3) years after the expiration or earlier termination of this Contract, City shall have the right to audit Contractor' s Project- related and Work- related writings and business records, as such terms are defined in California Evidence Code Sections 250 and 1271, as amended, during the regular business hours of Contractor, or, if Contractor has no such hours, during the regular business hours of City.
15. Notices. All contracts, agreements, appointments, approvals, authorizations, claims, demands, Change Orders, consents, designations, notices, offers, requests and statements given by either party to the other shall be in writing and shall be sufficiently given and served upon the other party if( 1) personally served, ( 2) sent by the United States mail, postage prepaid,( 3) sent by private express delivery service, ar( 4) in the case ofa facsimile transmission, if sent to the telephone FAX number set forth below during regular business hours of the receiving party and followed with two (2) days by delivery of a hard copy of the material sent by facsimile transmission, in accordance with ( 1), ( 2) or ( 3) above.
Personal service shall include, without limitation, service by delivery and service by facsimile transmission.
To City: City of Lathrop
City Clerk
390 Towne Centre Drive
Lathrop, CA 95330
Copy to: City of Lathrop
Department of Public Works
390 Towne Centre Drive
Lathrop, CA 95330
129
SECTION 00500
CORPORATION YARD FUELING FACILITY CONSTRUCTION CONTRACT CIP GG 21- 13
PHONE: ( 209) 941- 7363
FAX: ( 209) 941- 7449
ATTN: Senior Construction Manager
To Contractor:
Mailing Address:
Phone:
Email:
ATTN:
16. Miscellaneous.
1) Bailee Disclaimer. The parties understand and agree that City does not purport to be Contractar' s bailee, and City is, therefore, not responsible for any damage to the personal property of Contractor.
2) Consent. Whenever in this Contract the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent. 3) Controlling Law. The parties agree that this Contract shall be governed and construed by and in accordance with the Laws of the State of California. 4) Definitions. The definitions and terms are as defined in these specifications. 5) Force Majeure. Neither party shall be deemed to be in default on account of any delay ar failure to perform its obligations under this Contract, which directly results from an Act of God or an act of a superior governmental authority. 6) Headings. The paragraph headings are not a part ofthis Contract and shall have no effect upon the construction or interpretation of any part of this Contract. 7) Incorporation of Documents. A11 documents constituting the Construction Documents described in Section 3 hereof and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated in this Contract and shall be deemed to be part of this Contract. 8) Integration. This Contract and any amendments hereto between the parties constitute the entire contract between the parties concerning the Project and Work, and there are no other prior oral or written contracts between the parties that are not incorporated in this Contract.
9) Modification of Contract. This Contract shall not be modified or be binding upon the parties unless such modification is agreed to in writing and signed by the parties. 130
SECTION 00500
CORPORATION YARD FUELING FACILITY CONSTRUCTION CONTRACT CIP GG 21- 13
10) Provision. Any contract, covenant, condition, clause, qualification, restriction, reservation, term or other stipulation in the Contract shall define or otherwise control, establish, or limit the performance required or permitted or to be required of or permitted by either party. All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions.
11) Resolution. Contractor shall submit with its Bid a copy of any corporate or partnership resolution or other writing, which authorizes any director, officer or other employee or partner to act for or on behalf of Contractor or which authorizes Contractor to enter into this Contract.
12) Severability. If a court of competent jurisdiction finds or rules that any provision of this Contract is void or unenforceable, the provisions of this Contract not so affected shall remain in full force and effect.
13) Status of Contractor. In the exercise of rights and obligations under this Contract, Contractor acts as an independent contractar and not as an agent or employee of City. Contractor shall not be entitled to any rights and benefits accorded or accruing to the City Council members, officers or employees of City, and Contractor expressly waives any and all claims to such rights and benefits. 14) Successors and Assigns. The provisions of this Contract shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties. 15) Time of the Essence. Time is of the essence of this Contract and each of its provisions. In the calculation of time hereunder, the time in which an act is to be performed shall be computed by excluding the first Day and including the last. If the time in which an act is to be performed falls on a Saturday, Sunday, or any Day observed as a legal holiday by City, the time far performance shall be extended to the following Business Day.
16) Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Joaquin or in the United States District Court for the Eastern District of California.
17) Recovery of costs. The prevailing party in any action brought to enforce the terms of this Contract or arising out of this Contract, including the enforcement of the indemnity provision( s), may recover its reasonable costs, including reasonable attorney' s fees, incurred or expended in connection with such action against the non- prevailing party.
18) Contractor and subcontractors must comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 USC 1857( h)), Section 508 of the Clean Water Act ( 33 USC1368), Executive Order l 1738, and Environmental Protection Agency Regulations at 40 CFR Part 15. 131
SECTION 00500
CORPORATION YARD FUELING FACILITY CONSTRUCTION CONTRACT CIP GG 21- 13
19) Contractors and subcontractors must comply with mandatory standards and policies relating to the energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation ACT ( Public Law 94- 163, 89 stat 871).
20) The Contractor shall provide access to the site for the Environmental Protection Agency and its duly authorized representatives, and the City. 21) If during the course of construction evidence of deposit of historical or archaeological interest is found, the Contractor shall cease operation affecting the find and shall notify the City, who shall notify the EPA and the State Historic Preservation Officer. No further disturbance of the deposits shall ensue until the Contractar has been notified by the City that construction may proceed. The City will issue a notice to proceed only after the state official has surveyed the find and made a determination to the EPA and the City. Compensation to the contractor, if any, for lost time or changes in construction to avoid the find, shall be determined in accordance with changed conditions or change order provisions of the Construction Documents.
22) Notice to Proceed. Prior to commencing work under this Contract, CONTRACTOR shall receive a written" Notice to Proceed" from CITY. A Notice to Proceed shall not be issued until all necessary bonds and insurances have been received. City shall not be obligated to pay CONTRACTOR for any services prior to issuance of the Notice to proceed.
23) Signatures. The individuals executing this Contract represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Contract on behalf of the respective legal entities of the CONTRACTOR and the CITY. This Contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
24) This project is a public works project: Contractor shall comply with requirements of California Labor Code § 1700 and following, and prevailing wages shall be paid for work performed on this project.
25) The statutory provisions for penalties for failing to comply with the State of California wage and labor laws will be enforced, as well as that for failing to pay prevailing wages.
EXHIBITS:
EXHIBIT A: Contractor' s Submitted Bid Packet
Certification of insurance, performance and payment bonds, and worker' s compensation certification shall be furnished to the City by the Contractor after City Council' s approval with resolution.
132
SECTION 00500
CORPORATION YARD FUELING FACILITY CONSTRUCTION CONTRACT CIP GG 21- 13
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above stated in Lathrop, California.
CONTRACTOR:
By:
Name:
Title:
CITY OF LATHROP
APPROVED AS O FO
By:
Salvador Navarrete, City Attorney
RECOMMENDED FOR APPROVAL:
By:
Michael King, Assistant City Manager
APPROVED:
By:
Stephen J. Salvatore, City Manager
133
SECTION 00300
CORPORATION YARD FUELING FACILITY BID PROPOSAL FORMS
CIP GG 21- 13
BID PROPOSAL FORMS
Bagley Enterprises, Inc.
TO: City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
ATTENTION: City Clerk
FOR: CORPORATION YARD FUELING FACILITY, CIP GG 21- 13
THE UNDERSIGNED, AS BIDDER, HEREBY AGREES AND DECLARES THAT:
LEGAL COMPLIANCE
The only persons or parties interested in this Bid as Principals are those named herein; that this Bid is made without collusion with any other person, firm, partnership, corporation, or association; that he has carefully examined the location ofthe proposed work and the Construction Documents; and he proposes and agrees that ifthis Bid is accepted he will contract with the City of Lathrop, in the form of the Contract as set forth in the Construction Documents for said project, to provide all the necessary labor, services, materials, and equipment, and to do all the work and furnish all the materials; and that he will accept in full payment therefore the price as proposed in the following Bid Schedule.
SCHEDULE OF PRICES
All applicable permit fees, licensing costs, sales ta ces, State, and/ or Federal, and any other taxes, patent rights, or royalties aze included in the prices yuoted in the Bid. All blank spaces must be filled in.
BASIS OF AWARD
The basis for award of the contract will be the price of the base bid. The City of Lathrop reserves the right to award the work contemplated by only the Base Bid or none ofthe work. 00300- 1
134
BAGLEY ENTERPRISES> INC
SECTION 00300
CORPORATION YARD FUELING FACILITY BID PROP SAL FORMS
CIP GG 21- 13
CORPORATION YARD FUELING FACILITY, CIP GG 21- 13
BID SCHEDULE
BID
DESCRIPTION UNIT EXTENDED
M
QUANT. UNITS
pRICE TOTAL
1 Mobilization/ Bonds/ Insurance 1 LS $ 45424. 00 $ 45, 424. 00 Wayne Fueling Systems LLC- WA- 3/ G7209D
Twin, Two- Product Remote Dispenser: Dual Hose/
2 Dual Product: Unleaded& Diesel; Lane Oriented; 1 LS $ 17005. 00 $ 17, 005. 00 Standazd Speed- Up To 22 GPM; Internal Filter;
Pulser; Hose Mast; Totalizer
3 Franklin Fueling Systems FE- STPAG75- VL2—
3/ 4 HP AG fixed speed STP 88- 149" alcohoUgas
2 E``+ $ 5, 067. 18 $ 10, 134. 36
Franklin Fueling Systems FE- R- Model R check
4 valve, factory installed, for Veeder- Root PLLD Line 2 EA $ 100. 00 200.00 Leak
5 Franklin Fueling Systems FE- 401165905 Field
2 EA $ 514. 50 $ 1, 029. 00
Installed- Siphon system when purchased w/STP
Franklin Fueling Systems FE- STP- CBS- Single6 phase control box w/ lockout switch, 124 volt coil up 2 EA $ 349. 50 699. 00 to 2 HP
Franklin Fueling Systems FE-R17- SS- Riser assy
17" SS
2 E` $ 453. 00 906. 00
S Husky Corporation HiJ- 5885- 2 PN vent- thread w/ 3
1 EA 696. 60 WCP& 8 WCV w/intern scrn
696. 60
9 Emco Wheaton Retail Corp. EW- A0084- 038- Vent
EA $ 696. 06 $ 696. 06
P- V aluminum 3" pres 8" vac 2" NPT
10 Morrison Bros. Co. MB- 2440M- 0600AVEVR- 8" 8
1 EA 487. 60 $ 487. 60
oz emergency vent Male thread w/o- ring EVR
11 Morrison Bros. Co. MB- 2440M- 0700AVEVR- 8"
16 oz emergency vent Male thread w/o- ring EVR
1 EA $ 548. 04 548. 04
12 Morrison Bros. Co. MB- 2440M-0200 AV- 6" 8 oz
1 EA
emergency vent Male thread w/o- ring
284. 20 284. 20
Monison Bros. Co. MB- 2440M- 0400AVEVR- 6"
13 16 oz emergency vent Male thread wJo- ring EVR
1 EA $
333. 62 333. 62
Morrison Bros. Co. MB- 715- TT3- 3MBB- 0- 3" 10
14 gal top connection w/3" AL M QD adaptor, BR ball 2 EA 4133. 36 $ 8, 266. 72 valve, hand um
15 Morrison Bros. Co. MB- 715-VR30 AK- 3" vapor
1 EA 607. 64
recovery kit, includes cap, adapter& 2 clamps 607. 64
Morrison Bros. Co. MB- 715- 5404 AS- Four- leg
16 stand f/715 10 gal remote fill box, powder coated 2 EA $ 883. 24 $ 1, 766. 48 steel
Morrison Bros. Co. MB- 9095AA3300AVEVR- 3"
pressure fill ove ll prevention valve, aluminum
2 EA $ 1, 883. 04 $ 3, 766. 08
body w/3" Female threaded x 6" Female threaded
connections CARB EVR
00300- 2
135
SECTION 00300
CORPORATION YARD FUELING FACILITY BID PROPOSAL FORMS
CIP GG 21- 13
Momson Bros. Co. MB- 9095ATM0300 AK- 3"
1 g
manual test mechanism Includes A, B& AA 0300
2 EA
top, aluminum w/3" male quick disconnect x 6" 495. 20 990. 40 female threads
Morrison Bros. Co. MB- 91 SC- 2000AGEVR- 2"
19 clock gauge less alarm box, male threads, drop tube 2 EA $ 1, 236. 50 $ 2, 473. 00 float blank face
20 Morrison Bros. Co. MB- 419- 03081TEVR- 3" x 7'- 9"
2 Ep $ 265. 66 531. 32 aluminum drop tube CARB EVR approved 21 Morrison Bros. Co. MB- 4 1 9- 0206 1TEVR- 2" x 6'
4 EA 610. 64
aluminum drop tube CARB EVR approved 152. 66
Morrison Bros. Co. MB- 419E- 0200AEEVR- 2" drop 22
tube extender, CARB EVR approved
2 EA $ 49. 42 98. 84
Franklin Fueling Systems FX-FF20X18I- 1 IXM346- 23
Fireflex 2" x 18" Male x Male swivel flex connector
3 EA $ 398. 60 $ 1, 195. 80
Franklin Fueling Systems FX- FFISX18M346X2F24 Fireflex 1- 1/ 2 x 18 M346 swivel x 2 FNPT flex 3 EA $ 322. 08 $ 966. 24 connector
S. Bravo Systems, Inc. BR-A6210- 1 - Pedestal- mount
25 f/Reliance Select above- ground dispenser sump 1 EA
2, 955. 1 $ 2, 955. 12
e x alvanealed steel
S. Bravo Systems, Inc. BR- BK- A6000- Boss- mount
26 bracket for product valves
2 EA $ 173. 68 $ 347. 36
S. Bravo Systems, Inc. BR-BK-B2- X& Y axis
27 adjustable stabilizer bracket for vapor valve for VR 1 EA $ 153. 48 $ 153. 48 emer enc valve bracket
S. Bravo Systems, Inc. BR- B- 33- 3- 2- 1. 5- Flexible 3, 28 2 8c 1- 1/ 2 combo fitting
2 EA $ 137. 92 $ 2 5. 84
S. Bravo Systems, Inc. BR-EBS- Electrical bulkhead
29 seal f/3/ 4& 1 conduit
2 E`4
74. 78 149. 56
30 OPW Retail Fueling OP- IOBF vvIP- 5830- 1- 1/ 2 male 2 EA
top double poppet emergency valve 402. 02 $ 804. 04
OPW Retail Fueling OP- 60VSP- 1001 - 1 x 1- 1/ 2
31 vapor line shear valve poppeted
1 EA 357. 08 $ 357. 08
Emco Wheaton Retail Corp. EV- A4005EVR- 052-
EVR balance vapor recovery nozzle black 32
EV- A4005EVR- 052- C
1 EA 942. 08 $ 942. 08
CORE- EVR Balance recove nozzle
Emco Wheaton Retail Corp. EV-A4119EVR-U20-
Coaxiai SafeBreak coupling valve EVR 33
EV- A4119EVR- 020- C
1 EA $
224. 40 224. 40
CORE- Coaxial SafeBreak cou lin valve
34 ContiTech USA, Inc. GD- BALVEN- 096- 00- 8'
1 EA
Premier ULTRA coaxial hose w/venturi 613. 28 $ 613. 28
35 ContiTech USA, Inc. GD- BAL- 048- 00- 4' Premier
1 EA
ULTRA coaxial wJo venturi whip hose 333. 08 $ 333. 08
Emco Wheaton Retail Corp. EV-A4041- 001 - 36
Coaxial splitter, island mount, alum
1 EA $ 233. 64 $ 233. 64
00300- 3
136
SECTION 00300
CORPORATION YARD FUELING FACILITY BID PROPOSAL FORMS
CIP GG 21- 13
3 OPW Retail Fueling OP- 11A- 0100- I,eaded spout
1 EA
non VR nozzle- green 169. 68 $ 169. 68
Husky Corporation HLJ- 350- VI F multi- plane swivel 38 3/ 4 M x F
1 EA $
70. 74 70. 74
39 Husky Corporation HU- 3360- 3/ 4 x 3/ 4
1 EA 208. 80 $ 208. 80 reconnectable Safe- T-Break
ContiTech USA, Inc. GD- FSB3/ 4- 012- MXMS- 00-
40 NEW STYLE 3/ 4" xl' Flexsteel hardwall hose 1 EA 98. 46 qg. MxMS- BLK ContiTech USA, Inc. GD-FSB3/ 4- 102- MXMS-00-
41 NEW STYLE 3/ 4" x8. 5' Flexsteel hardwall hose 1 EA 172. 56 $ 172. 56 MxMS- BLK- 20022089
Syn- Tech Systems, Inc.- Fuel Master FM42
FMU3505PLUSG- Prokee 2. 4 FMiT— gray Includes:
LS $ 14, 607. 95 $ 14, 607. 95
4 Hose Control; Configured For AIM 2. 4/ AIM T1;
Island Card Reader; Wired Ethernet Read
Veeder Root VR1- 860190- 120- TLS4 console,
43 CDIM, color touch screen display, UL
1 EA $
6, 633. 75 $ 6, 633. 75
Veeder Root VR1- 333434- 001 - T'LS4 application
44 soflware, 12 inputs must order one per console
EA $ 6, 155. 62 $ 6, 155. 62
Veeder Root VR1- 332813- 001 - TLS- 45U universal
45 input/ output interface module/ UIOM w/ 5 dry 1 EA
contact output relays, 41ow voltage dry contact 2, 992. 45 $ 2, 992. 45 in uts 5 hi h volta e in uts
46 Veeder Root VR1- 330020- 832- External Printer for
1 EA $ 2, 210. 60 $ 2, 120. 60
TLS4 Series Console( Epson Model: TM-T88V)
4 Veeder Root VR1- 330020- 839- Wall Mounting 1 EA $ 248. 40 $ 248. 40 Bracket f/External Printer f/T' L. S4 Series Consoles
48 Veeder Root VR1- 846397- 307- MagPlus 8' in- tank
EA 4, 363. 07
inv only w/ water detection, HGP probe
4, 363. 07
49 Veeder Root VR1- 846397- 305- MagPlus 7' in-tank
1 EA $ 4, 363. 07 $ 4, 363. 07
inv only w/water detection, HGP probe
Veeder Root VRI- 846397- 605- MagPlus 7' in-tank
50 nv only no water detection, HGP probes
1 EA $ 4, 363. 07 $ 4, 363. 07
51 Veeder Root VR1- 846400- 014- Mag Plus install kit
1 EA $ 775. 80 $ 775. 80
4 float alt fluid 10' cable
Veeder Root VR1- 846400- 110- Mag Plus install kit 52
2 float gasoline 10' cable
1 EA $ 1, 492. 50 $ 1, 492. 50
53 Veeder Root VR1- 849600- 011 - Mag probe install kit 1 EA $ 914. 38 $ 914. 38
diesel 4 float 10' cable
54 Monison Bros. Co. VR1- 312020- 952- 4" riser cap 3 EA and ring kit for probe 305. 60 916. 80
Veeder Root VR1- 312020- 984- Above ground 55
nstallation kit
3 EA 370. 80 $ 1, 112. 40
56 Veeder Root VR1- 794380- 208- Sump sensor w/ 12'
3 EA $ 11. 00 $ 2, 133. 00
cable
00300- 4
137
SECTION 00300
CORPORATION YARD FUELING FACILITY BID PROPOSAL FORMS
CIP GG 21- 13
57 Veeder Root VR1- 794390- 420- Interstitial sensor
2 EA
f/steel tank w/16' cable
1, 259. 98 $ 2, 519. 96
Diversified Distribution, Inc. VR1- 3 12020- 928- 2"
58 interstitial sensor riser cap& adaptor kit, single port 2 EA $ 140. 32 280. 64 hole
59 Veeder Root VR1- 790091- 001 - Overfill alarm, Steel 1 EA $ 1, 88434 $ 1, 884. 34 Pole Mount/ Install and Connect AC Power Veeder Root VRI- 790095- 001 - Alarm
60 acknowledgement switch
1 EA $ 1, 157. 37 $ 1, 15737
61 SE TANK DECAL PACKAGES— LJNLEADED and
1 LS $ 336. 00 336. 00 DIESEL
62 Signage and Additional Decals 1 LS 144. 00 $ 144. 00 Morrison Bros. Co. MB- 710- 0200 1 V- 2" solenoid
63 valve( Viton) w/ 120/ 60 volt AC coil
2 E'4 $ 2, 110. 00 $ 4, 220. 00
64 Morrison Bros. Co. MB- 346DI- O500 AV- 2 external
2 EA
emergency valve ductile iron 630. 52 $ 1, 261. 04
Jomar International, Ltd. SE- 100- I OSLH- Jomaz 2
65 brass ball valve full port locking handle
2 EA $ 146. 42 $ 292. 84
PMP Corporation 5E-62632- STI flush mount fuel
66 pump( SS2249PS- El shutdown E- Stop w/ surface 2 EA $ 407. 92 g15. 84 cover& alarm
6 Hirt Combustion Engineers, Inc. HV- VCS- 100- 2-
1 LS Hirt VaporTek system f/AG tank EVR II 38, 922. 95 $ 38, 922. 95 Hirt Combustion Engineers, Inc. HV- M40- 48" legs
1, 285. 04 68
for VSC- 100
1 EA $ 1, 285. 04
Hirt Combustion Engineers, Inc. HV-P65- 1/ 4"
69 check valve f/ground mount only
1 EA $ 601. 66 601. 66
Wayne Fueling Systems LLC WA- D3/ G7101DDEF compact single, remote dispenser islandoriented less filter w/cap; Single Product— DEF 1 LS $ 10, 933. 34 $ 10, 933. 34
Compact Remote Dispenser, Island Oriented; Pulser;
Hose Mast; Totalizer; Solenoid Valve; 20" Pedestal
w/ Containment
71 OPW Retail Fueling OP- 60V- DEF- DEF shear valve 1 EA $ 620. 80 $ 620. 80 72 OPW Retail Fue( ing OP- 21GU- 0400- DEF nozzle
EA Wayne Bennett( standard) 517. 50 $ 517. 50
73 OPW Retail Fueling OP- 2IGU- H15- DEF 15' hose
1 EA
assembly Wayne 337. 26 $ 337. 26
OPW Retail Fueling OP- 2IGU- SSB- DEF SS swivel 74 &
reconnectable breakaway
1 EA 380. 96 $ 380. 96
75 Franklin Fueling Systems FE- 403469901 - DEF
1 EA $ 6>976. 30 $ 6, 976. 30
60Hz, single phase, VLl 69- 102 vaziable length
00300- 5
138
SECTION 00300
CORPORATION YARD FUELING FACILITY BID PROPOSAL FORMS
CIP GG 21- 13
Franklin Fueling Systems FE- STP- CBS- Single76 phase control box w/lockout switch, 120 volt coil up 1 EA ta 2 HP 345. 18 $ 345. 18
Franklin Fueling Systems FEP- 403408931, Check
valve DEF, spare part
1 EA $ 539. 26 $ 539. 26
Franklin Fueling Systems FE- 403409931 - 1/ 2 bypass 78 reliefvalve
1 EA 4.69 $ 774. 69
Franklin Fueling Systems FE- 403713921 - Single
phase electrical kit includes STP- CBS( 208- 240V
79 pump control with 120V coil, p/ n 400818921)& 25 1 EA 450. 47 $ 450. 47
uF/ 370V Capacitor( p/ n 400170936, for use with
DEF- PMA 150A
Jomar International, Ltd. 5E- 100- 968- 2" SS ball
80 valve
1 EA 354. 80 $ 354. 80
OPW Retail Fueling OP-23- Oo33- 2" aluminum tank gl
vent
1 EA $ 59. 44 59. 44
K1eerBlue Solutions SE- SBD 911178- 2" Male SS
116. 00 82
compatible Drybreak f/Todo
1 EA 116. 00
Veeder Root VR1- 846397- 607- MagPlus 8' in- tank
4, 188. 54 83
inv only no water detection, HGP probes
1 EA 4, 188. 54
84 Veeder Root VR1- 846400- 104- Mag Plus install kit
1 EA $ 1, 241. 98 2 float alt fluid 5' cable
1, 241. 98
Place 1, 000 Gallon Poly DEF Tank and Provide/ 85
Install Snyder Industries Cable Anchor Kit
LS $
2, 215. 60 $ 2, 215. 60
86 Steel Bollazds per CFC 312 23 EA $ 334. 00 $ 7, 682. 00 Provide Slope Under Feet ofExisting Gasoline and 87
Diesel Tanks— Grout or Steel Plate
LS $ 4, 444. 00 $ 4, 444. 00
88 Provide/ Install 100A Subpanel 1 LS $ 4, 444. 00 $ 4, 444. 00 89 Secure Existing Gasoline and Diesel Tanks to PCC
1 LS $ 4, 444. 00
Slab 4, 440. 00
90 LCT- Dispenser Vapor Return, including Sump, 1 LS $ 5, 849. 00 Sensor and'/." Copper Tubing& PCC Removal 5, 849. 00 91 Elevated Pipe Stands and Surface Level Uni- Struts,
i LS
IncludingHardware 16, 667. 00 $ 16, 667. 00
92 Electrical and Data Conduit 1 LS $ 6, 944. 00 $ 6, 944. 00 93 2" Stainless Steel Piping 250 LF $ 45. 33 $ 11, 332. 50 94 Electrical and Data Wiring 1 LS $ 7, 000. 00 $ 7, 000. 00 Install NEMA 3 Cabinet( 36" x 30" x 12") for
95 Electrical SubPanel, VR Monitor and Hirt Burner 1 LS $ 2, 500. 00 $ 2, 500.00 Controls
00300- 6
139
BAGLEY ENTERPRISES, INC
SECTION 00300
CORPORATION YARD FUELIlVG FACILITY BID PROPOSAL FORMS
CIP GG 21- 13
96 Start- Up/ Air District Commissioning 1 LS $ 9, 600. 00 $ 9, 600. 00 Coordination with San Joaquin County
1, 511. 00 97
Environmental Health
1 LS 1, 511. 00
98 City Employee Training 1 LS $ 4,800. 00 $ 4, 800. 00 Project Commissioning per Lathrop Manteca Fire
3, 200. 00 99
District
1 LS $ 3, 200. 00
TOTAL BID 335, 210. 00
TOTAL BID: $ 335, 210. 00
TOTAL BID IN WORDS: Three hundred thirty five thousand two hundred ten dollars and no cents 00300- 7
140
SECTION 00300
CORPORATION YARD FUELING FACILITY BID PROPOSAL FORMS
CIP GG 21- 13
INFORMATION REOUIRED OF BIDDER
The Bidder( Contractor) shall furnish the following information. This information is considered essential in enabling the Project Manager to determine ifthe Bidder is experienced in similar types of work and if the Bid is based on a careful study of inethods applicable to the work and full realization of the various factors which may affect the progress of the work. Failure to complv with this requirement may render the Bid non- responsive and mav cause its rejection. Additional sheets shall be attached as required.
BIDDER' S INFORMATION
1) Bidder' s name and address:
Bagley Entemrises, Inc.
2370 Maggio Circle# 4
Lodi CA 95240
2) Bidder' s telephone number: 209- 367- 4800
3) Bidder' s fax number: 209- 367- 5424
4) Bidder' s Contractor' s License( Class): A B HAZ C- 61 ( D21, D34, D40) License No.: 774802
Expires: 2/ 29/2024
5) Person who inspected site of proposed work for Contractor' s firm:
Name: Eric Molgaard Date of Inspection: 12/ 7/2023
5) List 5 projects of a nature similar to this project:
Project Contract Name, Address and
Price Tele hone Number of Owner
Replace UDC and Dispensers $ 124,965 San Joaquin County Fleet Services, Kevin Myose P O Bx 1810 Stockton CA 209- 953- 7508
Replace Dispensers 58, 864 San Joaquin County Fleet Services, Kevin Myose P O Bx 1810 Stockton CA 209- 953- 7508
CHP Tracy, Install Fuel Island $ 314, 827 Lusazdi Construction, Aaron McCoy 6375 Clark Av, Dublin CA 714- 414- 0286
City of Madera Fire Station 58 $
51, 415
Davis Moreno Construction, Ben Romero
Santa Cruz Auto Shop
167, 500
Katch Environmental Renee Serrano
929 L St Fresno CA 559- 292- 6653
00300- 8
141
SECTION 00300
CORPORATION YARD FUELING FACILITY BID PROPOSAL FORMS
CIP GG 21- 13
LIST OF SUBCONTRACTORS:
The Bidder shall list below the name and business address of each subcontractor who will perform work under this Bid in excess of one- half of one percent of the Contractor' s Total Bid Price, and shall also list the portion of the WORK which will be done by such subcontractor, in accordance with Section 4107 of the Public Contract Code. After the opening of bids, no changes or substitutions will be allowed except as otherwise provided by law. The listing of more than one subcontractor for each item of work to be performed with the words" and/ or" will not be permitted.
Failure to comply with this requirement may render the Bid non-responsive and may cause its rejection. Should the Contractor provide a bid that does not require a subcontractor, the Contractor shall note that on this page by writing" Not Applicable" in the list below.
Subcontractor
License Percent of
Work to be Performed Number Total Contract Subcontractor' s Name& Address 1 Not Applicable at this time
2. 3.
4. 5.
6. Note: Attach additional sheets ifrequired.
003 0- 9
142
SEC' TION 00300
CORPORATION YARD FUELING FACILTTY BID PROPOSAL FORMS
CIP GG 21- 13
ADDENDA
Bidder certifies he reviewed ARC Stockton' s website for addenda within 48 hours of bid opening and acknowledges receipt of the following addendum ( addenda):
N/A
Respectfully submitted,
December 18, 2023 Bagley Enterprises, Inc
Dated Legal Name of Firm
1 Signa re of uthorized Re sentative
R
Seal)
If Bidder is a corporation, show State in which incorporated.) CA
The full names and post office addresses of all persons and parties interested in the foregoing Bid as principals are as follows:
NOTICE): Give first and last names in full; in case of corporation, give names of President, Secretary, Treasurer, and Manager, and in case of partnerships and joint ventures, give names and Post Office addresses of all the individual members.
Joseph Bagley- President, Secretary, Treasurer and Manager, 2370 Maggio Cir# 4 Lodi CA 95240 00300- 10
143
SECTiON 00300
Bond No. 66895646
CORPORATiON YARD FUELING FACILITY BID PROPOSAL FORMS
CIP GG 2]- 13
BIDDER' S BOND
KNOW ALL MEN BY THE5E PRESENTS:
THAT WE Bagley Enterprises, Inc.
as PRINCIPAL, and Western Surety Company
as SURETY are held; and firmiy bond unto the City of Lathrop in the penal sum of 1'EN PERCENT ( 10%) OF THE TOTAL AMOUNT OF THE BID of the Principal above named, submitted by the Principal to the City of Lathrop for the work described below, for the payment ofwhich sum in lawful money ofthe United States, well and truly to be made to the City of Lathrop to which the bid was submitted, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by those presents. 1n no case shall the liability of the surety hereunder exceed the sum of$ 340,000.00
THE CONDITION OF THIS OBLIGATION IS SUCH,
THAT, WHEREAS, the Principal has submitted the above mentioned bid to the City of Lathrop for certain construction specifically described as follows, for which bids are to be opened at the City Hall, 390 Towne Centre Drive, Lathrop, CA: CORPORATION YARD FiTELING FACII. ITY, CIP GG 21- 13
NOW, THEREFORE, if the Principal is awarded the contract and within the time and manner required under the specifications, after the prescribed forms are presented to him for signature enters into a written contract in the prescribed form, in accordance with the bid, and files two bonds with the City, one to guarantee faithful performance, and the other to guarantee payment for labor and materials as required by law, then this obligation shall be null and void; otherwise, it shall be and remain in full force.
IN WITNE55 WHEREOF, we have hereunto set our hands and seals on this 19th day of December , 2023.
Seal) Seal)
Salvador Ric ard Mena, Attomey
Seal)
In Fact for Westem Surety Seal)
Address: Address: 151 North Franklin, 17th Floor
r;
Chicago, IL 60606
NOTE: Signatures ofthose executing for the surety must be properly acknowledged. 00300- 11
144
VUestern Sure Com any
POWER OF ATTORNEY- CERTIFIED COPY
Bond No. 66895646
Know All Men By These Presents, that WESTERN SURETY COMPANl, a corporation duly organized and existing under the lawe of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota( the" Company"), dces b,y theae presents make, constitute and appoint ShcvadOr R1Chdrd Mend .
ite true and lawful attorney( s)- in-fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for nnd on its behalf as Surety, bonds for:
Principal: Bagley Enterprises, Inc.
Obligee: City of City of Lathrop, Department of Public Works Amount: $ l, 000, 000. 00
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Vice President, sealed with the ca rporate seal of the Compan3• aiid duly attested b• its Secretary, hereby ratifying and cronfirming al] that the said attorney( s} infact may do within t.he above stated limitations. Said appointment is made under and by authority of' the following bylaw of Western Surety Company which remains in full force and effect.
Section 7. , ll bonds, policies, undertakings, Powers of Attorney or other ohligations of the corporation shall be exec:uted in the corporate name of the Compan by the President, Secretary, any Assietant Secretary, Treasurer, or any Vice President or by such other off"icers as the Board of Directors may euthorize. The President, any Vice President. Secretary, any Assistant Secre.tary, or the Treaeurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company-. The corporate seal is not necessary- for the validit}• of any bonds, policies, undertakings, Powere of Attome,y or other obligations of the corporation. The signature of any such officer and the corporate seal may- be printed by facsimile." This Power of Attorney map be signed b} digital signature and sealed by a digital or otherwise electroiuc- formatted corporate seal under and by the authorit5• of the following Resolution adopted by the Board of Directore of the Coropang by unanimous written consent dated the 27th day of April, 2022:
RESOLVED: That it is in the 6est interest of the Company to periodically ratify and confirm any corporate dceuments signed by digital signatures and to ratif and conf'irin the use of a digital or otherwise electmnic- formatted corporate seal, each to be considered the act and deed of the Company."
IfBondNo. 66895646 isnotissuedonorbeforemidnightof MdrCh 18th, 2024 all authoritv, cppftlm od this Power of Attornep ehall expire and terminate. e. 4''' r'' r.
a. r ' rr :..
a'3thebs Wher;. Vestern Surety Companp has caused these presents tu be signed by its Vice President, Larry Kastett, and its c@ i a Ce e+ g, a$£ hie 19Y_h dayof ___ December _ 2023_. q:.. ^; e. tii:-.:
WESTERN SURET COMPANY
s'f's oF s vT t.u r ,
s,: S,. ss LarryKasten, VicePresident
COUI4' C{ d YAHA
E,.:.. a.. l
On this_ _ 19th day of December , in the year_
2023___,before me, a notary public, perso: ially appeared Larry Kasten, who being to me duly sworn, acknowledged that he eigned the above Power of Attorney as the aforesaid officer of WESTERN SURETY C 2 a k ledged eaid instrument to be the voluntary act a deed of said corporation.
S. GREEN
riorNrr aueuc
1. 1,.Y1
SOl1TH DAKOTA Notary Public- South Dakota
My Commission Expires February 12, 2027
I the undersigned officer of Weatern Surety Company, a stock corporation of the$ tate of South Dakola, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force.
In testimony whereof, I have hereunto set my- hand and seal of Western Suret}• Company thiR _ 19 th day of December_ __ _ , 2023 __.
WES N SURET COMPAIVY
Larry Kaeten, Vice President
To validate bond authenticity, go to cvw. enasurety.com > Owner/ Obligee Services> Validate Bond Coverage.
Form F5306 r2023
145
SECTION 00300
CORPORATION YARD FUELING FACILITY BID PROPOSAL FORMS
CIP GG 21- 13
NONCOLLUSION AFFIDAVIT
STATE OF CA
San Joaquin
ss.
COUNTY OF
Andy Bagley being first duly sworn, deposes and says that he or she is Project Manager of Bagley Enterprises, Inc the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price ofthe bidder or any other bidder, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company associated, organization, bid depository, or to any mem r or agent thereof to effectuate a collusive or sham bid.
a a3
Signature f: Preside Secretary,
Manager, Project Mana er or Representative
The County of 1 ' n lul 1 n
State of . C U
Subscribed and sworn to( or affirmed) before me
on this,_ day of tr, 20 3, by
t' GI' , proved to
me on the basis of satisfactory evidence to be the
person( who appeared before me.
SEE
Seal AT T C H E
Signature
00300- 12
146
CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE§ 8202 05ee Attached Document( Notary to cross out lines 1- 6 below) See Statement Below( Lines 1- 6 to be compieted only by document signer[ s], not Notary) 1 2
3 4
5 6
gnat e of ocume ' gner No. 1 Signature o ent Signer No. 2( if any) A notary public or other officer completing this certificate verifies only the identiry of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California Subscribed and sworn to( or affirmed) before me Countyof San Joaquin on this L" day of, 20 Z,
by Date Monih Year
p nc r w au eu
JACC, UEI.YN GARCIAi
and( 2) _
coMM a zalsa8s
s ' San JQaqufn Gounty Name( s) o Signer(s)
Califarnia Notary Puhli"";'
proved to me on the basis of satisfactory evidence to Comm Exp Oct, A, 2026 :
i ,,,,,,,,,,,,,,,..,.,................• be the person' j who appeared before me.
Signature
Place Notary Seal and/ or Stamp Above S gnatur of Notary Public OPTIONAL ._
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: _ p lJf t 1 l J
Document Date: I 2 I ( 2 Number of Pages:
Signer( s) Other Than Named Above: N- 1 r\
02019 National Notary Association
147
SECTION 00300 ,
CORPORATION YARD FUELING FACILITY BID PROPOSAL FORMS
CIP GG 21- 13
PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE
In accordance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire:
Has the Bidder, any officer ofthe Bidder, or any employee of the Bidder, who has a proprietary interest in the Bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No X_
If the answer is yes, explain the circumstances in the following space.
PUBLIC CONTRACT SECTION 10232 STATEMENT
In accordance with Public Contract Code Section 10232, the Contractor hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two year period because ofthe Contractor' s failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board.
NOTE: The above Statement and Questionnaire are part of the Proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire.
Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
END OF SECTION)
00300- 13
148
SECTION 00670
CORPORATION YARD FUELING FACILITY WARRANTY BOND
CIP GG 21- 13
WARRANTY BOND ACKNOWLEDGMENT
TO the City of Lathrop
The undersigned guarantees the construction and installation of the work included in this project.
A Warranty Bond similar to the provided Warranty Bond Form on the following page is required to be submitted prior to project acceptance by the City. The Warranty Bond shall be ten percent 10%) of the final contract amount. The Bond will be effective for one( 1) year, beginning with the date of project acceptance.
If any of the work is defective, due to faulty workmanship, materials furnished or methods of installation, or if the work or any part of it fails to operate properly as originally intended and in accordance with the Plans and Specifications, due to any of the above causes, all within one year after the date on which this contract is accepted by the City after relief from maintenance, the undersigned agrees to reimburse the City, upon demand, for its expenses incurred in restoring the project, including the cost of any such equipment or materials replaced and the cost of removing and replacing any other work necessary to malce such replacement or repairs, or, upon demand by the City, to replace any such material and to repair the work completely without cost to the City so that the work will function successfully as originally contemplated.
The City shall have the unqualified option to make any needed replacements or repairs done by the undersigned. Ifthe City elects to have the work performed by the undersigned, the undersigned agrees that the repairs shall be made and such materials as are necessary shall be furnished and installed within a reasonable time after the receipt of demand from the City. If the undersigned fails or refuses to comply with his obligations under this warranty, the City shall be entitled to all costs and expenses, including attorney' s fees.
7 tif fa
Signatur of Bidder Date
00670- 1
149
C C STATE LICENSEBOAFtD
ACTIVE LICENSE
774$ a2 CORP
SAG! EY NTERPRIS S INC
B C61/ D2? C61/ D34 C61/ D40 A
HAZ
E4.., a. 02/2912C24 www.cslb. ca. pov
150
I
BAGLEY ENTERPRISES, INC.
LIQUID HAN[ 3LING SO LUTI NS
a..
if,
Capability Statement
Our primary product lines include:
Bagley Enterprises, Inc.
Aboveground Gasoline, Diesel, and Lube Storage Tanks
phone: 209) 367- 4800
Toll Free: 87 833- 4800
Gasoline and Diesel Dispensing Systems
Fax: 209) 367- 5424
Tank Management Systems
Fuel Management Systems
Email: sales bagleyenterprises. com
Fuel Filtration( Turbo Filtering& Purification of Diesel Fuel) lebsite: www.bagleyenterprises. com
Address: 2370 Maggio Circle# 4
Pumps, hose reels, nozzles, metering devices, gauges, and all Lodi, CA 95240
associated petroleum equipment
Waste Oil Collection Systems
Work Area: Nationwide
Lubrication Systems
Motor Vehicle Maintenance& Repair Shop Equipment
Federal Data
Installation, Inspections, Maintenance, and Repair of Petroleum Related Equipment: CAGE Code: 57AQ1
DUNS#: 92- 7077974
SAM: Active
Designation: SDVOSB( Service Disabled
Veteran Owned Small
Business)
Advantage! e
GSA Contract Holder GS- 07F- 0462Y GSA: GS- 07F- 0462Y
Online Shopping Since 2012 F5C' s: 4250, 4930& 5430
NAICS: 238910, 332311, 333914, 811310
ANCRA, NEW and OLMS
CA Department of VA Palo Alto Health
gacy SINS: 253 24, 253 40, 253 90,
Transportation Care System, CA 253 99, 361 20A, 36124,
36127, 361 99& 56 500
San Joaquin San Joaquin County, CA
Regional Transit
State Data
E CA License: 774802 A, B, HAZ
C- b1 ( D21, D34, D40)
Established in 1985, experienced in design, furnish, and install of CA DIR#: 1000012690 fuel systems CMAS: 4- 20- 56- 0051C
VA-CVE Certified
Manufacturers Certified
International Code Council( ICC) Certified 3
UST Designated Operator
UST/ AST Service Technician/ Installation/ Retrofitting SCfVt r!, t3',
AST Vapor Recovery
VE
151
152
ITEM 4. 11
CITY MANAGER' S REPORT
7ANUARY 08, 2024 CITY COUNCIL REGULAR MEETING
ITEM: RATIFY THE SERVICE AGREEMENT WITH ICU
TECHNOLOGIES, INC AND APPROVE BUDGET
AD7USTMENT FOR CIP GG 19- 07 CITYWIDE
SURVEILLANCE SYSTEMS
RECOMMENDATION: Adopt a Resolution Ratifying the Service Agreement with ICU Technologies, Inc. and
Approve Budget Adjustment for CIP GG 19- 07
Citywide Surveillance Systems
SUMMARY:
City Council approved the creation of Capital Improvement Project ( CIP; GG 19- 07 Citywide Surveillance Systems on April 8, 2019. The purpose of the CIP is to use the surveillance system to proactively identify crime as it occurs in the City enhancing citizen safety as well as act as deterrent to crime. Having this infrastructure in place gives officers an immediate tool to investigate and solve the crimes they respond to, making it an invaluable tool.
Staff identified four ( 4) intersections that require the camera surveillance system to be installed, therefore staff requested ICU Technologies, Inc. to provide an estimate for four ( 4) point, tilt, zoom ( PTZ) and four ( 4) multi- sensor cameras to be installed at the remaining four (4) intersections. ICU Technologies, Inc. presented an estimate of $ 87, 569. 97 that is equal to the prices of their GSA contract To save on expenses related to installation, staff is coordinating the installation of the surveillance cameras with installation on the traffic signals for CIP PS 23- 01 Citywide Traffic Systems & Safety Upgrades. City Manager signed approval of the service agreement with ICU Technologies for the purchase, installation and commissioning of cameras for the CIP GG 19- 07 so the equipment would arrive while installation is still commencing for CIP PS 23- 01 and installation can coordinate for both CIP' s at the same time. The City Manager approved the order of equipment in an effort to expedite delays due to the shipping time, and supply and demand chain.
Staff is requesting City Council ratify the service agreement with ICU Technologies, Inc. for the purchase, installation and commissioning of cameras in the amount of 87, 569. 97 for CIP GG 19- 07 Citywide Surveillance Systems. There is not sufficient funds in the budget for CIP GG 19- 07 therefore, staff is requesting an increase of 100, 000 to cover the expenses. The additional $ 12, 430 will be used as contingency and other required infrastructure related to CIP GG 19- 07. 153
CITY MANAGER' S REPORT: , 7ANUARY 08, 2024 PAGE 2
RATIFY THE SERVICE AGREEMENT WITH ICU TECHNOLOGIES, INC AND APPROVE BUDGET AD7USTMENT FOR CIP GG 19- 07 CITYWIDE
SURVEI LANCE SYSTEMS
BAC KG ROU N D:
CIP GG19- 07 Citywide Surveillance Systems approved by City Council April 2019, has continued to create an integral asset utilized by the Lathrop Police Department to proactively identify crimes as it occurs and investigate crimes that have already occurred. Implementing surveillance cameras at intersections throughout the City has improved civilian safety by acting as a deterrent to criminal activities as officers are able to view the surveillance cameras from their patrol vehicles. This allows for quicker response and easier coordination of the officers. Safety of the officers has also improved as the officers are able to view the situation that they are responding to and better able to prepare to difficult situations. If the situation escalates then the dispatcher is able to communicate effectively to the responding officer and request for additional assistance if necessary.
Staff identified four ( 4) intersections that require the camera surveillance system to be installed, therefore staff requested ICU Technologies, Inc. to provide an estimate for four ( 4) point, tilt, zoom ( PTZ) and four ( 4) multi- sensor cameras to be installed at the remaining four ( 4) intersections. To save on expenses related to installation, staff is coordinating the installation of the surveillance cameras with installation on the traffic signals for CIP PS 23- 01 Citywide Traffic Systems & Safety Upgrades. City Manager signed approval of the service agreement with ICU Technologies for the purchase, installation and commissioning of cameras for the CIP GG 19- 07 so the equipment would arrive while installation is still commencing for CIP PS 23- 01 and installation can coordinate for both CIP' s at the same time. The City Manager approved the order of equipment in an effort to expedite delays due to the shipping time, and suppfy and demand chain.
ICU Technologies, Inc. currently holds an active contract with the U. S. General Services Administration ( GSA) - GSA Contract No. 47QSWA18D003K in Security & Protection and Information Technology Hardware & Software. This program, administered by the United States Government, provides government agencies with discounted pricing schedules, and establishes purchasing contracts with vendors through a competitive bidding process. The GSA' s competitive bidding process is in conformance with the Office of Procurement, Department of General Services of the State of California exemption as described in the Lathrop Municipal Code ( LMC) Section 2. 36. 110. Furthermore, ICU has provided and installed other camera surveillance systems at numerous City facilities. Therefore, pursuant to LMC 2. 36. 110 the services and purchase of materials is equal to that of the GSA contract and exempt from bidding.
Staff is requesting City Council ratify the service agreement with ICU Technologies, Inc. for the purchase, installation and commissioning of cameras in the amount of 87, 569. 97 for CIP GG 19- 07 Citywide Surveillance Systems. There is not sufficient funds in the budget for CIP GG 19- 07 therefore, staff is requesting an increase of 100, 000 to cover the expenses. The additional $ 12, 430 will be used as contingency and other required infrastructure related to CIP GG 19- 07. 154
CITY MANAGER' S REPORT: 7ANUARY 08, 2024 PAGE 3
RATIFY THE SERVICE AGREEMENT WITH ICU TECHNOLOGIES, INC AND APPROVE BUDGET AD7USTMENT FOR CIP GG 19- 07 CITYWIDE
SURVEILLANCE SYSTEMS
REASON FOR RECOMMENDATION:
The Camera Surveillance System procured through ICU Technologies, LLC for CIP GG 19- 07 Citywide Surveillance System represents an effort to utilize technology to deter crimes, expedite crime solving, and proactively monitor activiti s to enhance crime prevention and citizens' safety.
FISCAL IMPACT:
There is not sufficient funds available in CIP GG 19- 07 to cover the cost and installation of a camera surveillance systems procured through ICU Technologies, Inc. and the additional purchases for the network infrastructure required to implement the camera surveillance systems. Staff recommends a budget amendment of $ 100, 000 to transfer from Measure C Fund 1060 to cover the cost of the camera surveillance system. Staff is requesting Council approve the below budget amendment to increase the budget for CIP GG 19- 07.
Increase Transfer Out
1060- 9900- 990- 9010 100, 000
Increase Transfer In
3010- 9900- 393- 00 GG 19- 07 $ 100, 000
Increase Appropriation
3010- 8000- 430- 37- 00 GG 19- 07 $ 100, 000
ATTACH MENTS:
A. Resolution Ratifying the Agreement with ICU Technologies, Inc. to Provide and Install Camera Surveillance Systems and Approve Budget Adjustment for CIP GG 19- 07 Citywide Surveillance Systems
B. Agreement with ICU Technologies, Inc. for the Purchase, Installation and Commissioning of Additional Pivot Tilt Zoom ( PTZ) and Multi- Sensor Cameras for CIP GG 19- 07 Citywide Surveillance System
155
CITY MANAGER' S REPORT: ] ANUARY 08, 2024 PAGE 4
RATIFY THE SERVICE AGREEMENT WITH ICU TECHNOLOGIES, INC AND APPROVE BUDGET ADJUSTMENT FOR CIP GG 19- 07 CITYWIDE
SURVEILLANCE SYSTEMS
APPROVALS:
1 ' - - 0 a--
ernandes Date
Information Systems Director
fo2 2 l Zvz-}
Cari James Date
Finance Director
2- 2 0 2'-r
Michael King Date
Assistant City Manager
i " -
Sa r avarrete Date
City Attorney
1+-
S en ). Salvatore Date
City Manager
156
RESOLUTION NO. 24 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO RATIFY
THE SERVICE AGREEMENT WITH ICU TECHNOLOGIES, INC AND APPROVE BUDGET AD.7USTMENT FOR CIP GG 19- 07 CITYWIDE SURVEILLANCE
SYSTEMS
WHEREAS, City Council approved the creation of Capital Improvement Project CIP) GG 19- 07 Citywide Surveillance Systems on April 8, 2019; and WHEREAS, The purpose of the CIP is to use the surveillance system to proactively identify crime as it occurs in the City enhancing citizen safety as well as act as deterrent to crime; and
WHEREAS, Having this infrastructure in place gives officers an immediate tool to investigate and solve the crimes they respond to, making it an invaluable tool; and WHEREAS, Staff identified four ( 4) intersections that require the camera surveillance system to be installed; and
WHEREAS ICU Technologies, Inc. presented an estimate of $ 87, 569. 97 that is equal to the prices of their GSA contract no. 47QSWA18D003K; and WHEREAS, pursuant to Lathrop Municipal Code ( LMC), 2. 36. 110 ( B) allows the City 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; and
WHEREAS, to save on installation expenses the City Manager signed a service contract in the amount of $ 87, 859. 97; and
WHEREAS, the additional $ 12, 430 will be used as contingency and other required infrastructure related to CIP GG 19- 07
WHEREAS, There is not sufficient funds in the budget for CIP GG 19- 07 therefore, staff is requesting an increase of $ 100, 000 to cover the expenses.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Lathrop does hereby ratify the service contract with ICU Technologies Inc. for the purchase, installation and commissioning of cameras in the amount of $ 87, 569. 97 and approve the budget adjustment for CIP GG 19- 07 Citywide Surveillance Systems.
157
The foregoing resolution was passed and adopted this 8t" day of January 2024, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 158
DocuSign Envelope ID: 2443132A- 12FF- 4FF3- 831B- B9836768D021 Attachment B
CITY OF LATHROP AGREEMENT BETWEEN THE CITY OF LATHROP
AND ICU TECHNOLOGIES, INC.
FOR THE PURCHASE, INSTALLATION AND COMMISSIONING OF
ADDITIONAL PIVOT TILT MOUNT ( PTZ) AND MULTI- SENSOR
CAMERAS FOR CIP GG 19- 07 CITYWIDE SURVEILLANCE SYSTEM
THIS AGREEMENT, dated for convenience this Zf day of December 2023, is by and made and entered into by and between ICU TECHNOLOGIES, INC.
CONSULTANT") and the CITY OF LATHROP, a California municipal corporation CITY");
RECITALS:
WHEREAS, CONSULTANT is specially trained, experienced, and competent to perform the installation, configuration, and commissioning of multi-sensor cameras as required by this agreement; and
WHEREAS, CONSULTANT was selected by CITY pursuant to said qualifications; and
WHEREAS, CONSULTANT is willing to render such Professionat Services as hereinafter defined, on the following terms and conditions; WHEREAS, the purchase from the CONSULTANT is exempt from the CITY' S standard bidding procedure pursuant to Lathrop Municipal Code ( LMC) 2. 36. 110, as the CONSULTANT holds GSA Contract number 47QSWA18D003K in Security & Protection and Information Technology Hardware & Software and pricing is pursuant to that contract.
NOW, THEREFORE, CONSULTANT and the CITY agree as folfows:
AGREEMENT
1) Scope of Service.
CONSULTANT agrees to perform the deployment, configuration, and commissioning of PTZ and multi-sensor cameras in accordance with the scope of work and fee proposal submitted by the CONSULTANT, attached as Exhibit "A" and incorporated herein by reference. CONSULTANT agrees to diligently perform these services in accordance with the standards of its profession and CITY' S satisfaction.
2) Compensation.
CITY hereby agrees to pay CONSULTANT a sum not to exceed $ 87, 569. 97 as described in Exhibit " A".
159
DocuSign Envelope ID: 2443132A- 12FF- 4FF3- 6316- B9836768D021 CITY OF LATHROP— ICU TECHNOLOGIES, INC.
PURCHASE, INSTALLATION AND COMMISIONING OF ADDITIONAL PTZ AND MULTI- SENSOR CAMERAS FOR CIP GG 19- 07 CITYWIDE SURVEILLANCE SYSTEM
CONSULTANT shall be paid within thirty ( 30) days of receipt of billings containing all information contained in Paragraph 5 below. In no event shall CONSULTANT be entitled to compensation for work not included in Exhibit " A", unless a written change order or authorization describing the extra work and payment terms has been executed by CITY' s Authorized Representative prior to the commencement of the work.
3) Effective Date and Term.
This agreement shall become effective on the signature date of the Department Head and CONSULTANT has been notified in writing as identified in section ( 18), and it shall terminate no later than June 30, 2024.
4) Independent Contractor Status.
It is expressly understood and agreed by both parties that CONSULTANT, while engaged in carrying out and complying with any of the terms and conditions of this Agreement, is an independent contractor and not an employee of the CITY.
CONSULTANT expressly warrants not to represent, at any time or in any manner, that CONSULTANT is an employee of the CITY.
5) Billinqs.
CONSULTANT' S bills shall include date, date due, a list of all tasks performed by deliverable, a total amount due, the amounts previously billed, the net amount due on the invoice, and the balance remaining on the agreement and the CONSULTANT' S signature. Except as specifically authorized by CITY, CONSULTANT shall not bill CITY for duplicate services performed by more than one person. In no event shall CONSULTANT submit any billing for an amount in excess of the maximum amount of compensation provided in section ( 2) for listed services or for the entire Agreement, unless modified by a properly executed change order.
6) Advice and Status Reportinq.
CONSULTANT shall provide the CITY with timely reports, orally or in writing, of all significant developments arising during performance of its services hereunder, and shall furnish to CITY such information as is necessary to enable CITY to monitor the performance of this Agreement. CONSULTANT shall clarify with the CITY any details of the design that are not specifically understood.
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DocuSign Envelope ID: 2443132A- 12FF- 4FF3- 631B- B9836768D021 CITY OF LATHROP— ICU TECHNOLOGIES, INC.
PURCHASE, INSTALLATION AND COMMISIONING OF ADDITIONAL PTZ AND MULTI- SENSOR CAMERAS FOR CIP GG 19- 07 CITYWIDE SURVEILLANCE SYSTEM
7) Assiqnment of Personnel.
CONSULTANT shall assign only competent personnel to perform services pursuant to this Agreement. If CITY asks CONSULTANT to remove a person assigned to the work called for under this Agreement, CONSULTANT agrees to do so immediately, regardless of the reason, or the lack of a reason, according to the CITY' S request.
The services shall be perFormed by, or under the direct supervision, CONSULTANT' s Authorized Representative: Tommy Smith
CONSULTANT shall not replace its Authorized Representatives without the prior written approval by the CITY.
8) Assiqnment and Subcontractinq.
It is recognized by the parties hereta that a substantial inducement to CITY for entering into this Agreement was, and is, the professional reputation and competence of CONSULTANT. Neither this Agreement nor any interest therein may be assigned by CONSULTANT without the prior written approval of CITY'S authorized representative. CONSULTANT shall not subcontract any portion of the performance contemplated and provided for herein, other than the subcontractors noted in the proposal, without prior written approval of the CITY' S authorized representative.
9) Insurance.
On or before beginning any of the services or work called for by any term of this Agreement, CONSULTANT, at its own cost and expense, shall carry, maintain for the duration of the Agreement, and provide proof thereof that is acceptable to the CITY the insurance specified in subsections ( a) through ( c) below with insurers and under forms of insurance satisfactory in all respects fo the CITY.
CONSULTANT shall not allow any subcontractor to commence work on any subcontract until all insurance required of the CONSULTANT has also been obtained for the subcontractor. Verification of this insurance shall be submitted and made part of this Agreement prior to execution.
a) Workers' Compensation. CONSULTANT shall, at CONSULTANT' S sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer' s Liability Insurance for any and all persons employed directly or indirectly by CONSULTANT. Said Statutory Workers' Compensation Insurance and Employer' s Liability Insurance shall be provided with limits of not less than one million dollars. In the alternative, CONSULTANT may rely on a selfinsurance program to meet these requirements provided that the
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DocuSign EnvelopelD: 2443132A- 12FF- 4FF3- 6316- B98367B8D021 CITY OF LATHROP — ICU TECHNOLOGIES, INC.
PURCHASE, INSTALLATION AND COMMISIONING OF ADDITIONAL PTZ AND MULTI- SENSOR CAMERAS FOR CIP GG 19- 07 CITYWIDE SURVEILLANCE SYSTEM
program of self-insurance complies fully with the provisions of the California Labor Code. The insurer, if insurance is provided, or the CONSULTANT, if a program of seff- 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 Liability Insurance.
CONSULTANT, at CONSULTANT' S own cost and expense, shall maintain commercial general and automobile liability insurance for the period covered by this Agreement in an amount not less than one million dollars per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement.
If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting there from, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non- owned automobiles.
Coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 ( ed. 11/ 88) and Insurance Services Office Automobile Liability form CA 0001 ed. 12/ 90) Code 1 ( any auto).
Each of the following shall be included in the insurance coverage or added as an endorsement to the policy:
i) CITY, its officers, employees, agents, and volunteers are to be covered as insured with respect to each of the following:
liability arising out of activities performed by or on behalf of CONSULTANT, including the insider's general supervision of CONSULTANT; products and completed operations of
CONSULTANT; premises owned, occupied or used by
CONSULTANT. The coverage shall contain no special
limitations on the scope of protection afforded to CITY, its officers, employees, agents, or volunteers.
ii) The insurance shall cover on an occurrence or an accident basis, and not on a claims made basis.
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DocuSign Envelope ID: 2443132A- 12FF- 4FF3- 6318- B98367B8D021 CITY OF LATHROP — ICU TECHNOLOGIES, INC.
PURCHASE, INSTALLATION AND COMMISIONING OF ADDITIONAL PTZ AND MULTI- SENSOR CAMERAS FOR CIP GG 19- 07 CITYWIDE SURVEILLANCE SYSTEM
iii) An endorsement must state that coverage is primary insurance and that no other insurance affected by the CITY will be called upon to contribute to a loss under the coverage. iv) Any failure of CONSULTANT to comply with reporting
provisions of the policy shall not affect coverage provided to CITY and its officers, employees, agents, and volunteers. v) Insurance is to be placed with California- admitted insurers with a Best' s rating of no less than A: VII.
vi) Notice of cancellation or non- renewal must be received by CITY at least thirty days prior to such change.
c) Deductibles and Self-Insured Retentions. CONSULTANT shall disclose the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement.
During the period covered by this Agreement, upon express written authorization of the CITY' s authorized representative, CONSULTANT may increase such deductibles or self-insured retentions with respect to CITY, its officers, employees, agents, and volunteers. The CITY' s authorized representative may condition approval of an increase in deductible or self-insured retention levels upon a requirement that CONSULTANT procure a bond
guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
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, CONSULTANT shall provide written notice to CITY at CONSULTANT' S earliest possible opportunity and in no case later than five days after CONSULTANT is notified of the change in coverage.
e) In addition to any other remedies CITY may have if CONSULTANT fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, CITY may, at its sole option:
i) Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;