Lathrop City Council
February 12, 2024

193
The Services are in addition to those provided in the territory of the CFD as of the date hereof and will not supplant services already available within the territory of the CFD as of the date hereof.

5. Special Tax. Except to the extent that funds are otherwise available, the City will levy the special taxes ( together, the " Special Tax") to pay directly for the Services. The Special Tax will be secured by recordation of a continuing lien against all non- exempt real property in the CFD, will be levied annually within the CFD, and collected in the same manner as ordinary ad valorem property taxes, or in such other manner as this Council or its designee shall determine, including direct billing of the affected property owners. The proposed rate and method of apportionment of the Special Tax among the parcels of real property within the CFD in sufficient detail to allow each landowner within the proposed CFD to estimate the maximum amount such owner will have to pay, are described in Exhibit B attached hereto and hereby incorporated herein ( the " Rate and Method").

6. Exempt Property. Except as may otherwise be provided by the Act, by law or by the rate and method of apportionment of the Special Tax for the CFD, all lands owned by any public entity, including the United States, the State of California and/ orthe City, or any departments or political subdivisions thereof, shall be omitted from the levy of the Special Tax to be made to cover the costs and expenses of the Services and the CFD. In the event that a portion of the property within the CFD shall become for any reason exempt, wholly or in part, from the levy of the Special Tax, this Council will, on behalf of the CFD, increase the levy to the extent necessary upon the remaining property within the CFD which is not exempt in order to yield the required annual expenses of the CFD, subject to the provisions of the rate and method of apportionment of the Special Tax.

7. Election. The levy of the Special Tax shall be subject to the approval of the qualified electors of the CFD at a special election. The proposed voting procedure shall be by mailed or hand -delivered ballot among the landowners in the proposed CFD, with each owner having one vote for each acre or portion of an acre such owner owns in the CFD.

8. CFD Report. The City' s Finance Director, as the officer having charge and control of the Services in and for the CFD, or the designee of such officer, is hereby directed to study said proposed Services and to make, or cause to be made, and file with the City Clerk a report in writing, (the " CFD Report") presenting the following:
a) A description of the Services by type which will be required to adequately meet the needs of the CFD.
b) An estimate of the fair and reasonable cost of the Services and incidental expenses in connection therewith.

The CFD Report shall be made a part of the record of the public hearing specified below.

194

9. Public Hearing. Monday, April 8, 2024, at 7: 00 p. m. or as soon as possible thereafter, in the Council Chambers, 390 Towne Centre Drive, Lathrop, California 95330, be, and the same are hereby appointed and fixed as the time and place when and where this Council, as legislative body for the CFD, will conduct a public hearing on the establishment of the CFD and consider and finally determine whether the public interest, convenience and necessity require the formation of the CFD and the levy of the Special Tax.

At the hearing, testimony concerning the CFD, the extent of the CFD or the furnishing of the particular types of Services will be heard and protests will be considered from registered voters residing within the CFD and persons owning real property within the CFD. Written protests by a majority of the registered voters ( if at least six such voters protest), or by the owners of a majority of the land ( by acreage) which would be subject to special taxation within the proposed the CFD will require the suspension of proceedings for at least one year. Written protests must be filed with the City Clerk at or before the time fixed for the hearing. If such protests are directed only against certain elements of the proposed Services or proposed special tax, and if such protests constitute a majority protest, only those elements shall be deleted from the proceedings.

10. Notice of Hearing. The City Clerk is hereby directed to cause notice of the public hearing to be given by publication one time in a newspaper published in the area of the CFD. The publication shall be completed at least seven days before the date of the public hearing specified above. The City may also cause notice of the hearing to be given to each property owner within the CFD by first class mail, postage prepaid, to each such owner' saddress as it appears on the most recent tax records of San Joaquin County or as otherwise known to the City to be correct. Such mailing shall be completed not less than 15 days before the date of the public hearing. Each of the notices shall be substantially in the form specified in Section 53322 of the Act, with the form summarizing the provisions hereof hereby specifically approved.

11. Billing of Special Tax. It is anticipated that the special tax will be billed as a separate line item on the regular property tax bill. However, this Council reserves the right, under Section 53340, to utilize any method of collecting the special tax which it shall, from time to time, determine to be in the best interests of the City, including, but not limited to, direct billing by the City to the property owners and supplemental billing.

12. Further Action. The Mayor, City Manager, Finance Director, Treasurer, City Attorney, City Clerk and all other officers and agents of the City are hereby authorized and directed to take all actions necessary or advisable to give effect to the transactions contemplated by this Resolution.

13. No Obligation. This Resolution shall in no way obligate the Council of the City to form the CFD. The formation of the CFD shall be subject to the approval of this Council by resolution following the holding of the public hearing referred to above.

195
The foregoing resolution was passed and adopted this 12th day of February, 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

196

EXHIBIT A

CITY OF LATHROP
Community Facilities District No. 2024- 1
Eagles Landing Services)

DESCRIPTION OF SERVICES TO BE FINANCED BY THE CFD
Services
The services to be funded, in whole or in part, by the community facilities district ( CFD) include all direct and incidental costs related to providing public services and maintenance of public infrastructure within the Eagles Landing area included in the CFD. More specifically, the services shall include, but not be limited to: (i) police protection services, ( ii) maintenance of open space, including trails and habitat areas, with services to include, but not be limited to, irrigation and vegetation control; ( iii) maintenance of roads and roadways, with services to include, but not be limited to, regularly scheduled street sweeping, repair of public streets, striping of streets and repair and repainting of sound walls and other appurtenances; ( iv) storm protection services, including, but not limited to, the operation and maintenance of storm drainage systems, ( v) landscaping in public areas and in the public right of way along public streets, including, but not limited to, irrigation, tree trimming and vegetation maintenance and control; and ( vi) any other public services authorized to be funded under Section 53313 of the California Government Code that are not already funded by another community facilities district on the property within the CFD.

The CFD may fund any of the following related to the services described in the preceding paragraph: obtaining, constructing, furnishing, operating and maintaining equipment, apparatus or facilities related to providing the services and/ or equipment, apparatus, facilities or fixtures in areas to be maintained, paying the salaries and benefits of personnel necessary or convenient to provide the services, payment of insurance costs and other related expenses and the provision of reserves for repairs and replacements and for the future provision of services.

The services to be financed by the CFD are in addition to those provided in the territory of the CFD before the date of formation of the CFD and will not supplant services already available within that territory when the District is created.

Administrative Expenses
The administrative expenses to be funded by the CFD include the direct and indirect expenses incurred by the City of Lathrop ( City) in carrying out its duties with respect to the CFD including, but not limited to, the levy and collection of the special taxes, the fees and expenses of attorneys, any fees of the County of San Joaquin related to the CFD or the collection of special taxes, an allocable share of the salaries of any City staff directly related thereto and a proportionate amount of the City' s general administrative overhead related thereto, any amounts paid by the City from its general fund with respect to the CFD or the services authorized to be financed by the CFD, and expenses incurred by the City in undertaking action to Exhibit A
197
foreclose on properties for which the payment of special taxes is delinquent, and all other costs and expenses of the City in any way related to the CFD.

Other
The incidental expenses that may be funded by the CFD include, in addition to the administrative expenses identified above, the payment or reimbursement to the CFD of all costs associated with the establishment and ongoing administration of the CFD.

Exhibit A
198

EXHIBIT B

CITY OF LATHROP
Community Facilities District No. 2024- 1
Eagles Landing Services)

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
begins on following page]
199

RATE AND METHOD OF APPORTIONMENT

FOR CITY OF LATHROP
COMMUNITY FACILITIES DISTRICT NO. 2024- 1

EAGLES LANDING SERVICES)
A Special Tax, as hereinafter defined, shall be levied and collected in City of Lathrop Community Facilities District No. 2024- 1 (Eagles Landing Services) (" CFD No. 2024- 1") each Fiscal Year commencing in Fiscal Year 2024/5, in an amount determined by the application of the procedures below. All Taxable Property, as hereinafter defined, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.

A. DEFINITIONS
The terms hereinafter set forth have the following meaning:

Accessory Dwelling Unit" or " ADU" means all Assessor' sParcels of Single -Family Residential Detached Property for which a building permit( s) has been issued for an " Accessory Dwelling Unit" as defined in California Government Code Section 65852. 2( j)(1), as may be amended from time to time, which is accessory to a primary Unit. The ADU may be located on the same Assessor' sParcel as the primary Unit or on a separate Assessor' sParcel. For purposes of clarification, where an ADU and primary Unit are on the same Assessor' s Parcel, the ADU located on such Assessor' sParcel is considered a separate Unit from the primary Unit on such Assessor' s Parcel for purposes of the Special Tax. Should an Assessor' sParcel contain only an ADU, such Assessor' sParcel will be taxed as an ADU Unit only.

Acre or Acreage" means the land area of an Assessor' sParcel as shown on an Assessor' s Parcel Map or in the Assessor' s Data for each Assessor' s Parcel. In the event the Assessor' sParcel Map or Assessor' sData shows no Acreage, the Acreage for any Assessor' sParcel shall be determined by the CFD Administrator based upon the applicable final map, parcel map, condominium plan, or other recorded County parcel map. If the preceding maps are not available, the Acreage of an Assessor' s Parcel may be determined utilizing GIS.

Act" means the Mello -Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Code of the State.

Administrative Expenses" means the actual or reasonably estimated costs directly related to the administration of CFD No. 2024- 1including, but not limited to, the following: the costs of computing the Annual Special Tax Requirement and of preparing the Special Tax collection schedules; the costs of collecting the Special Tax, including any charges levied by the County Auditor' sOffice, Tax Collector' s Office or Treasurer' sOffice; the costs of the City or designee in complying with the disclosure requirements of the California Government Code ( including the Act), including public inquiries regarding the Special Tax; the costs of the City or designee related to an appeal of the Special Tax; and the costs of commencing and pursuing to completion any action arising from any delinquent Special Tax in CFD No. 2024- 1. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2024- 1 for any other administrative purposes, including, but not limited to, attorney' sfees.

City of Lathrop
Community Facilities District No. 2024- 1 (Eagles Landing Services) Page 1 200
Annual Services Costs" means the respective amounts determined by the CFD Administrator required to fund services authorized to be funded by CFD No. 2024- 1for the applicable yearly period.

Annual Special Tax Requirement" means that amount with respect to CFD No. 2024- 1determined by the City Council or designee as required in any Fiscal Year to pay: (1) the Administrative Expenses, 2) the Annual Services Costs, (3) any amount required to establish or replenish any reserve or replacement fund established in connection with CFD No. 2024- 1, and ( 4) any reasonably anticipated delinquent Special Tax based on the delinquency rate for any Special Tax levied in the previous Fiscal Year.

Assessor' sData" means Assessor' sParcel Number, Units, Acreage, or other information contained in the records of the County Assessor for each Assessor' sParcel.

Assessor' s Parcel" or " Parcel" means a lot or parcel shown in an Assessor' sParcel Map and/ or Assessor' sData with an assigned Assessor' sParcel Number.

Assessor' sParcel Map" means an official map of the Assessor of the County designating parcels by Assessor' s Parcel Number.

Assessor' s Parcel Number" means, with respect to an Assessor' sParcel, that number assigned to such Assessor' sParcel by the County Assessor for purposes of identification.

Building Square Feet" or " BSF" means all of the square footage within the perimeter of a residential structure, not including any carport, walkway, garage, overhang, patio, enclosed patio, or similar area. The determination of Building Square Feet shall be made by reference to the Assessor' sData. If the Assessor' s Data does not show Building Square Feet, building permit( s) issued for such structure, or other records of the City shall be used, as determined by the CFD Administrator.

City means the City of Lathrop, California.

City Council" means the City Council of the City, acting as the legislative body of CFD No. 2024- 1.

CFD Administrator" means an official of the City, or designee thereof, responsible for determining the Annual Special Tax Requirement and providing for the levy and collection of the Special Taxes.

CFD No. 2024- 1" means the City of Lathrop Community Facilities District No. 2024- 1 (Eagles Landing Services).

County" means the County of San Joaquin.

County Assessor" means the County Assessor of the County.

Developed Property" means, in any Fiscal Year, all Taxable Property in CFD No. 2024- 1for which a building permit for new construction was issued by the City prior to June 1 of the preceding Fiscal Year.

Exempt Property" means all Assessors' Parcels within the boundary of CFD No. 2024- 1 which are exempt from the Special Tax pursuant to Section E.

City of Lathrop
Community Facilities District No. 2024- 1 (Eagles Landing Services) Page 2 201
Final Subdivision Map" means a subdivision of property created by recordation of a final subdivision map, parcel map or lot line adjustment, approved by the City pursuant to the Subdivision Map Act ( California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 4120, that creates individual lots for which residential building permits may be issued without further subdivision of such property.

Fiscal Year" means the period starting July 1 and ending on the following June 30.

GIS" means a geographic information system.

Initiative # 1935" means initiative constitutional amendment 1935 which is eligible for the November 5, 2024, general election ballot and will be certified as qualified unless withdrawn by the proponent prior to June 27, 2024.

Maximum Special Tax" means the maximum Special Tax authorized to fund the Annual Special Tax Requirement in any Fiscal Year that may apply to Taxable Property as described in Section C.

Mixed -Use Property" means all Assessor' s Parcels of Developed Property that have more than one land use category, allowing for both a Single -Family Residential Detached Property Unit and an ADU Unit on each such Assessor' sParcel. For an Assessor' sParcel of Mixed -Use Property, the Special Tax shall be calculated and levied for each use type present on the Assessor' s Parcel.

Open Space Property" means property within the boundaries of CFD No. 2024- 1which ( i) has been designated with specific boundaries and Acreage on a Final Subdivision Map as open space, (ii) is classified by the County Assessor as open space, (iii) has been irrevocably offered for dedication as open space to the federal government, the State, the County, the City, or any other public agency, or ( iv) is encumbered by an easement or other restriction required by the City limiting the use of such property to open space.

Property Owner' sAssociation" means any property owner' s association. As used in this definition, a Property Owner' s Association includes any home -owner' s association, condominium owner' s association, master or sub -association or non- residential owner' s association.

Property Owner' sAssociation Property" means any property within the boundaries of CFD No. 2024- 1 which is ( a) owned by a Property Owner' sAssociation or ( b) designated with specific boundaries and acreage on a Final Subdivision Map as property owner association property.

Proportionately" means for Taxable Property that the ratio of the Special Tax levy to the Maximum Annual Special Tax is equal for all Assessors' Parcels of Taxable Property levied within each property land use classification within CFD No. 2024- 1.

Public Property" means any property within the boundaries of CFD No. 2024- 1which ( i) is owned by a public agency, ( ii) has been irrevocably offered for dedication to a public agency, or ( iii) is designated with specific boundaries and Acreage on a Final Subdivision Map as property which will be owned by a public agency. For purposes of this definition, a public agency includes the federal government, the State, the County, the City, school districts, or any other public agency.

City of Lathrop
Community Facilities District No. 2024- 1 (Eagles Landing Services) Page 3 202
Single Family Residential Detached Property" means all Assessor' sParcels of Developed Property for which a building permit( s) has been issued for a detached residential structure intended as a single primary Unit.

Special Tax" means the amount levied in each Fiscal Year on each Assessor' s Parcel of Taxable Property to fund the Annual Special Tax Requirement.

State" means the State of California.

Taxable Property" means all of the Assessor' s Parcels within the boundaries of CFD No. 2024- 1 that are not Exempt Property.

Undeveloped Property" means all of the Assessor' sParcels within the boundaries of CFD No. 2024- 1 that is not classified as Developed Property, Open Space Property, Property Owner' s Association Property, or Public Property.

Unit" means ( i) for Single Family Residential Detached Property, an individual single family detached residential unit and ( ii) for ADUs, each residential unit. The number of Units assigned to each Assessor' s Parcel may be determined by ( i) referencing Assessor' s Data, (ii) site surveys and physical unit counts, and/ or (iii) other research by the CFD Administrator.

Welfare Exempt Property" means, in any Fiscal Year, all Parcels within the boundaries of CFD No. 2024- 1that ( a) have been granted a welfare exemption by the County under subdivision ( g) of Section 214 of the Revenue and Taxation Code indicated in the Assessor' s Data finalized as of January 1 of the previous Fiscal Year, and ( b) are exempt from the Special Tax pursuant to Section 53340( c) of the Act.

B. DETERMINATION OF TAXABLE PARCELS
Each Fiscal Year, the CFD Administrator shall determine the valid Assessor' s Parcel Numbers for all Taxable Property within CFD No. 2024- 1. If any Assessor' sParcel Numbers are no longer valid, the CFD Administrator shall determine the new Assessor' sParcel Number or Numbers in effect for the then -current Fiscal Year. To the extent a Parcel or Parcels of Taxable Property are subdivided, consolidated, or otherwise reconfigured, the Maximum Special Tax shall be assigned to the new Assessor' s Parcels Numbers pursuant to Section C. The CFD Administrator shall also determine: ( i) which Parcels are Taxable Property; (iii) the number of Units or Building Square Footage each Parcel contains; ( iv) the property type, i.e., Single -Family Residential Detached Property, Accessory Dwelling Unit, or Mixed -Use Property; and ( v) the Annual Special Tax Requirement for the Fiscal Year.

C. MAXIMUM ANNUAL SPECIAL TAX RATES
The Maximum Special Taxes for each Assessor' sParcel of Taxable Property shall be assigned below:

City of Lathrop
Community Facilities District No. 2024- 1 (Eagles Landing Services) Page 4 203

1. Maximum Special Taxes
The Maximum Special Tax for each Assessor' sParcel of Taxable Property shall be assigned according to Table 1 below:

TABLE 1

MAXIMUM SPECIAL TAX RATES
FISCAL YEAR 2024/5*
Land Use Category
Maximum
Special Tax
Rate Per
Single -Family Residential Detached Property 1, 625. 00 Unit Accessory Dwelling Unit See Below Unit
Accessory Dwelling Unit
The Maximum Special Tax for an Accessory Dwelling Unit shall be calculated as a percentage of the Maximum Special Tax for the primary Unit the ADU is accessory to, based on Building Square Footage. For example, if a primary Single -Family Residential Detached Property Unit with 2, 000 BSF has an ADU of 800 BSF, the Maximum Special Tax for the ADU shall be calculated by the following steps:

1. 800 BSF / 2, 000 BSF = 0. 40 or 40%

2. $ 1, 625. 00 Maximum Special Tax per Unit x 40% = $650. 00 Maximum Special Tax for such ADU
On July 1 of each Fiscal Year, commencing on July 1, 2025, the Maximum Special Tax rates shall be increased by the lesser of (i) the increase from the prior Fiscal Year, if any, in the Local Consumer Price Index ( CPI) for the San Francisco -Oakland - Hayward Area for All Urban Consumers, or (ii) four percent (4%). The CPI used shall be as determined by the Bureau of Labor Statistics from April -to -April beginning with the period from April 2024 to April 2025.

In some instances, an Assessor' sParcel of Developed Property may be Mixed -Use Property. The Maximum Special Tax levied on an Assessor' s Parcel shall be the sum of the Maximum Special Tax for all Units of each property type on that Assessor' sParcel.

2. Assignment of Assessor' sParcel( s) to Property Land Use Category When an Assessor' sParcel changes from being classified as Undeveloped Property to another land use category and is considered Developed Property, that assignment shall not change due to future changes in land use.

3. Assignment of Maximum Special Tax to Newly Created Assessor' sParcel( s) After a Final Subdivision Map has been recorded, if there are changes to the overall planned development within CFD No. 2024- 1, the process for assigning the Maximum Special Tax to each City of Lathrop
Community Facilities District No. 2024- 1 (Eagles Landing Services) Page 5 204
Assessor' sParcel expected to be classified as Single -Family Residential Detached Property is as follows:

Step 1: Determine the then -current total expected Maximum Special Tax for CFD No. 2024- 1, by referencing Table 2.

Step 2: Identify the Assessor' sParcel( s) of Taxable Property expected to be classified as Single - Family Residential Detached Property and assign the Maximum Special Tax to each Assessor' s Parcel of Taxable Property expected to be classified as Single - Family Residential Detached Property according to the then -current Maximum Special Tax Rates for such category. Sum the Maximum Special Tax assigned to each Assessor' s Parcel of Taxable Property expected to be classified as Single -Family Residential Detached Property.

Step 3: Divide the total expected Maximum Special Tax in Step 1 by the total Maximum Special Tax assigned in Step 2 to arrive at a fraction.

Step 4: Apportion the total expected Maximum Special Tax from Step 1 to each Assessor' s Parcel of Taxable Property expected to be classified as Single -Family Residential Detached Property by multiplying each Assessor' s Parcel fraction, determined in Step 3, by the then -current Maximum Special Tax Rates for Single - Family Residential Detached Property.

Step 5: The Maximum Special Tax assigned to each Assessor' s Parcel of Taxable Property expected to be classified as Single -Family Residential Detached Property shall be the greater of the Maximum Special Tax assigned in Step 2 or the Maximum Special Tax calculated in Step 4.

If there are no changes to the planned development within CFD No. 2024- 1, the Maximum Special Tax shall be assigned according to Table 1.

The planned development is provided in the table below:

TABLE 2

PLANNED DEVELOPMENT AND TOTAL EXPECTED MAXIMUM SPECIAL TAX FISCAL YEAR 2024/5*
Land Use Category
Planned
Development
Total Expected
Maximum
Special Tax
Single -Family Residential Detached Property 95 Units 154, 375. 00 On July 1 of each Fiscal Year, commencing on July 1, 2025, the Maximum Special Tax rates shall be increased by the lesser of ( i) the increase from the prior Fiscal Year, if any, in the Local Consumer Price Index ( CPI) for the San Francisco -Oakland - Hayward Area for All Urban Consumers, or (ii) four percent ( 4%). The CPI used shall be as determined by the Bureau of Labor Statistics from April -to -April beginning with the period from April 2024 to April 2025.

Once created, if a newly created Assessor' s Parcel( s) of Taxable Property further changes or subdivides, the above steps shall be repeated to determine the Maximum Special Tax for the City of Lathrop
Community Facilities District No. 2024- 1 (Eagles Landing Services) Page 6 205
additional newly created Assessor' sParcel( s) of Taxable Property created from the change or subdivision.

D. METHOD OF APPORTIONMENT OF THE SPECIAL TAXES
All Taxable Property shall be subject to the Special Tax defined as follows. The Special Tax shall be levied each Fiscal Year by the CFD Administrator.

The Annual Special Tax Requirement shall be apportioned to each Parcel within CFD No. 2024- 1 by the method shown below.

First: Determine the Annual Special Tax Requirement.

Second: Levy the Special Tax on each Parcel of Developed Property, Proportionately, up to the applicable Maximum Special Tax.

Under no circumstances will the Special Taxes on any Assessor' s Parcel of Developed Property be increased by more than 10% as a consequence of delinquency or default by the owner of any other Assessor' sParcel within CFD No. 2024- 1.

E. EXEMPTIONS
Notwithstanding any other provision of this Rate and Method of Apportionment of Special Tax, no Special Tax shall be levied on Open Space Property, Property Owner' s Association Property, Undeveloped Property, Assessor' sParcels with public or utility easements making impractical their utilization for any use other than the purposes set forth in the easement, or Public Property, except as otherwise provided in Sections 53317. 3, 53317. and 533401 of the Act.

No Special Tax shall be levied on any Assessor' sParcel in any Fiscal Year in which such Assessor' s Parcel is classified as Welfare Exempt Property.

F. APPEAL OF SPECIAL TAX LEVY
Any property owner may file a written appeal of the Special Tax with the CFD Administrator claiming that the amount or application of the Special Tax is not correct. The appeal must be filed not later than one calendar year after having paid the Special Tax that is disputed, and the appellant must be current in all payments of the Special Tax. In addition, during the term of the appeal process, all Special Tax levied must be paid on or before the payment date established when the levy was made.

The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination.

If the property owner disagrees with the CFD Administrator' sdecision relative to the appeal, the owner may then file a written appeal with the City Council whose subsequent decision shall be final and binding on all interested parties. If the decision of the CFD Administrator or subsequent decision by the City Council requires the Special Tax to be modified or changed in favor of the property owner, then an adjustment shall be made to credit the Special Tax in future years.

City of Lathrop
Community Facilities District No. 2024- 1 (Eagles Landing Services) Page 7 206
This procedure shall be exclusive and its exhaustion by any property owner shall be a condition precedent to filing any legal action by such owner.

G. INTERPRETATIONS OF RATE AND METHOD OF APPORTIONMENT
The City reserves the right to make minor administrative and technical changes to this document that do not materially affect the rate and method of apportioning the Special Tax. In addition, the interpretation and application of any section of this document shall be at the City' s discretion.

Interpretations may be made by the City Council by ordinance or resolution for purposes of clarifying any vagueness or ambiguity in this Rate and Method of Apportionment of Special Tax.

H. MANNER AND DURATION OF SPECIAL TAX
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided that the City may directly bill the Special Tax, may collect the Special Tax at a different time or in a different manner if needed to meet the financial obligations of CFD No. 2024- 1, and may collect delinquent Special Taxes through available methods.

A Special Tax shall be levied commencing in Fiscal Year 2024/5 to the extent necessary to satisfy the Annual Special Tax Requirement and shall be levied each Fiscal Year thereafter for as long as required to satisfy the Annual Special Tax Requirement. However, should Initiative # 1935 be included as an initiative measure at election and subsequently be approved by voters, the duration of the Special Tax is 500 years.

I. PREPAYMENT OF SPECIAL TAX
The Special Tax may not be prepaid.

City of Lathrop
Community Facilities District No. 2024- 1 (Eagles Landing Services) Page 8 207

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ITEM 4. 12

CITY MANAGER' S REPORT
FEBRUARY 12, 2024 CITY COUNCIL REGULAR MEETING
ITEM: CREATE CIP GG 24-8 FOR ELECTRIC VEHICLE

CHARGING STATIONS AT THE LATHROP COMMUNITY

CENTER / LATHROP SENIOR CENTER AND APPROVE

BUDGET AMENDMENT
RECOMMENDATION: Adopt Resolution Creating CIP GG 24-8 for Electric Vehicle Charging Stations at the Lathrop Community
Center / Lathrop Senior Center and Approving
Budget Amendment
SUMMARY:

The San Joaquin Council of Governments ( SJCOG) solicited a call for projects for the 2023 Combined Carbon Reduction Program ( CPR) / Congestion Mitigation and Air Quality ( CMAQ) Improvement Program. The City applied for the grant and was awarded $ 850, 00 towards a new project to install electric vehicle ( EV) charging stations to support the reduction of transportation emissions.

Staff is proposing the creation of Capital Improvement Project ( CIP) GG 24-8 for Electric Vehicle Charging Stations at the Lathrop Community Center / Lathrop Senior Center ( Project). The Project will utilize the existing parking at the Community Center Senior Center to install five ( 10) charging units - refer to Attachment B for Location Map.

Publicly accessible during business hours and powered by solar energy, the proposed EV stations will consist of standard ( Level 2) and fast -charging ( Level 3) charging units for most electric vehicles and plug- inhybrids. Canopies with solar panels, street lighting, pavement resurfacing, signing, striping and other parking lot improvements will be analyzed at the design phase to accommodate the new EV charging stations.

Staff is requesting Council create CIP GG 24-8 for Electric Vehicle Charging Stations at the Lathrop Community Center / Lathrop Senior Center.

CMAQ funds are reimbursable federal aid funds, subject to the requirements of Title 23, United States Code. The grant award was for $ 850, 00 with a local match requirement of 11. 47%. Staff is requesting Council approve a budget amendment recognizing $ 850, 00 in revenue from Federal Grant Fund ( 2150) to the CIP Project Fund ( 3010). With approval from Measure C Committee, staff is also requesting the allocation of $97, 495 from Measure C Fund ( 1060) for the local match requirement.

BACKGROUND:

The 2023 Combined CRP/MAQ Program was created to support surface transportation projects contributing to air quality improvements and providing congestion relief.
209
CITY MANAGER' S REPORT PAGE 2
FEBRUARY 12, 2024 CITY COUNCIL REGULAR MEETING
CREATE CIP GG 24-8 FOR ELECTRIC VEHICLE CHARGING STATIONS AT THE

LATHROP COMMUNITY CENTER / LATHROP SENIOR CENTER AND APPROVE

BUDGET AMENDMENT
Approximately $ 22 million in federal funding was available for eligible projects in San Joaquin County. On April 7, 2023, SJCOG solicited a call -for -projects that decrease transportation related carbon emissions resulting from on -road and highway sources.

On May 10, 2023, the City submitted an application proposing to use parking at public facilities to install EV charging stations. SJCOG Board reviewed and approved the City' s proposed charging stations and granted $ 850, 00 in federal funds towards completion.

In order to coordinate with SJCOG on the release of granted funding, staff is proposing to create CIP GG 24-8 for Electric Vehicle Charging Stations at the Lathrop Community Center / Lathrop Senior Center. The Project consists of installing ( 10) new EV charging units on the existing parking lot at the Lathrop Community Center.

These proposed stations will be publicly accessible during business hours and powered by solar energy. Canopies with solar panels, street lighting, pavement resurfacing, signing, striping and other parking lot improvements will be analyzed to accommodate the new EV charging stations.

The proposed Project will also include:

Preliminary environmental studies
Design of Improvement Plans
Construction and installation of the new EV charging units REASON FOR RECOMMENDATION:

Creation of CIP GG 24-8 for Electric Vehicle Charging Stations at the Lathrop Community Center / Lathrop Senior Center is needed to request the authorized funding from SJCOG. Approving the creation of the Project will allow the City to support reduction of transportation emissions, and begin Planning and Designing phases for the proposed scope of work. Staff will return to Council at a later date to award a construction contract.

FISCAL IMPACT:

The City was awarded $ 850, 00 in federal funds from the 2023 Combined CRP/MAQ Program to complete the environmental, design, and construction phases of the proposed Project. CMAQ funds are reimbursable federal aid funds, subject to the requirements of Title 23, United States Code.

Staff is also requesting Council approve a budget amendment recognizing $ 850, 00 in revenue from Federal Grant Fund ( 2150) and upon approval from Measure C Committee, allocating $ 97, 495 from Measure C Fund ( 1060) as follows:
210
CITY MANAGER' S REPORT PAGE 3
FEBRUARY 12, 2024 CITY COUNCIL REGULAR MEETING
CREATE CIP GG 24-8 FOR ELECTRIC VEHICLE CHARGING STATIONS AT THE

LATHROP COMMUNITY CENTER / LATHROP SENIOR CENTER AND APPROVE

BUDGET AMENDMENT
Increase Revenue
2150- 8000- 333- 000 $ 850, 00
Increase Transfer Out
1060- 9900-90- 9010 $ 97, 495
Increase Transfer Out
2150- 9900-90- 9010 $ 850, 00
Increase Transfer In
3010- 9900- 393- 0000 GG 24-8 $ 947, 495
Increase Expenditures
3010- 8000- 420- 12- 00 GG 24-8 $ 947, 495
ATTACHMENTS:

A. Resolution Creating CIP GG 24-8 for Electric Vehicle Charging Stations at the Lathrop Community Center / Lathrop Senior Center and Approving Budget Amendment
B. Project Location Map
211
CITY MANAGER' SREPORT PAGE 4
FEBRUARY 12, 2024 CITY COUNCIL REGULAR MEETING
CREATE CIP GG 24-8 FOR ELECTRIC VEHICLE CHARGING STATIONS AT THE

LATHROP COMMUNITY CENTER / LATHROP SENIOR CENTER AND APPROVE

BUDGET AMENDMENT
APPROVALS:

Angel Abarca
Assistant Engineer
Brad Taylor
City Engineer
Cari Jam
Finance ctor
OR — O/ — Lei
Date
2/ /wzy
Date
o115100-
Date
Michael King Date
Assistant City Manager

2. - t- 2oZ1{
Salvador Navarrete Date
City Attorney
St een J. Salvatore Date
City Manager
212
RESOLUTION NO. 24 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP CREATING CIP GG 24-8 FOR ELECTRIC VEHICLE CHARGING STATIONS AT

THE LATHROP COMMUNITY CENTER / LATHROP SENIOR CENTER AND

APPROVING BUDGET AMENDMENT
WHEREAS, on April 7, 2023, the San Joaquin Council of Governments SJCOG) solicited a call for projects for the 2023 Combined Carbon Reduction Program ( CPR) / Congestion Mitigation and Air Quality ( CMAQ) Improvement Program; and
WHEREAS, on May 10, 2023, the City submitted an application proposing to use parking at public facilities to install electric vehicle ( EV) charging stations; and WHEREAS, SJCOG Board reviewed and approved the City' s proposed charging stations and granted $ 850, 00of federal funds towards completion; and WHEREAS, staff is proposing the creation of Capital Improvement Project CIP) GG 24-8 for Electric Vehicle Charging Stations at the Lathrop Community Center / Lathrop Senior Center ( Project); and
WHEREAS, the Project will utilize the existing parking at the Community Center / Senior Center to install a total of ten ( 10) charging units that will be publicly accessible during business hours and powered by solar energy; and WHEREAS, canopies with solar panels, street lighting, pavement resurfacing, and other parking lot improvements will be analyzed to accommodate the new EV charging stations; and
WHEREAS, the proposed EV stations will provide standard ( Level 2) and fast -charging ( Level 3) charging units for most electric vehicles and plug- inhybrids; and
WHEREAS, the proposed Project will also include preliminary environmental studies, design and construction services of the new EV charging stations; and WHEREAS, staff is requesting Council create CIP GG 24-8 for Electric Vehicle Charging Stations at the Lathrop Community Center / Lathrop Senior Center; and
WHEREAS, staff is also requesting Council approve a budget amendment recognizing $ 850, 00 in revenue from Federal Grant Fund ( 2150) to the CIP Project Fund ( 3010) and allocating $ 97, 495 from Measure C Fund ( 1060) as follows:
213
Increase Revenue
2150- 8000- 333- 000 $ 850, 00
Increase Transfer Out
1060- 9900-90- 9010 $ 97, 495
Increase Transfer Out
2150- 9900-90- 9010 $ 850, 00
Increase Transfer In
3010- 9900- 393- 0000 GG 24-8 $ 947, 495
Increase Expenditures
3010- 8000- 420- 12- 00 GG 24-8 $ 947, 495
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby create CIP GG 24-8 for Electric Vehicle Charging Stations at the Lathrop Community Center / Lathrop Senior Center; and BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop approve a budget amendment recognizing $ 850, 00 in revenue from Federal Grant Fund ( 2150) and allocating $ 97, 495 from Measure C Fund ( 1060) for the local match requirement as detailed above.
214
The foregoing resolution was passed and adopted this 12th day of February 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 215
MA
COMM
VJLnrL^2
LATHROP CENTER SENIOR Thomsen
Road
216
ITEM 4. 13

CITY MANAGER' SREPORT
FEBRUARY 12, 2024 CITY COUNCIL REGULAR MEETING
ITEM: CREATE CIP PS 24-9 PAVEMENT REHABILITATION

ON CHERRY HILLS DRIVE, CHERRY HILLS COURT,

KILARNEY DRIVE, AND KILARNEY COURT, AND

APPROVE BUDGET AMENDMENT
RECOMMENDATION: Adopt Resolution Creating CIP PS 24-9 Pavement Rehabilitation on Cherry Hills Drive, Cherry Hills
Court, Kilarney Drive, and Kilarney Court, and
Approve Budget Amendment
SUMMARY:

Staff is proposing to create Capital Improvement Project ( CIP) PS 24-9 Pavement Rehabilitation ( Project) to correct existing road deficiencies in the Woodfield community area. The proposed Project will repair the deteriorated pavement on the residential streets listed below:

Cherry Hills Drive
Cherry Hills Court
Kilarney Drive
Kilarney Court
Through a full -reconstruction pavement treatment, the Project will use the existing pavement section material as the base for the new roadway - wearing surface. This treatment produces a cost- effective solution to alligator, transverse, longitudinal, and reflection pavement cracking.

Staff requests that City Council approve the creation of CIP PS 24-9 Pavement Rehabilitation on Cherry Hills Drive, Cherry Hills Court, Kilarney Drive, and Kilarney Court. Sufficient funds were not allocated in the approved FY 23/4budget, thus staff is also requesting the approval of a budget amendment transferring $ 100, 00 from the General Fund Street Repair Reserves ( 1010) to the CIP Project Fund ( 3310) to create the project and fund the design engineering services.

BACKGROUND:

Staff utilizes the City' s
Pavement Management System ( PMS) to assess the condition of roadway sections and determine the pavement locations that are in need of repair and rehabilitation. Through the PMS and field observations, staff identified the need to repair the Woodfield community area bounded. Refer to Attachment B for vicinity map. On July 2023, CIP PS 22- 45 Road Maintenance and Rehabilitation Project completed the reconstruction of Prairie Dunes Drive. To continue the repair and rehabilitation of that area, staff is proposing to create CIP PS 24-9. 217
CITY MANAGER' SREPORT PAGE 2
FEBRUARY 12, 2024 CITY COUNCIL REGULAR MEETING
CREATE CIP PS 24-9 PAVEMENT REHABILITATION ON CHERRY HILLS

DRIVE, CHERRY HILLS COURT, KILARNEY DRIVE, AND KILARNEY COURT,

AND APPROVE BUDGET AMENDMENT
The proposed Project will implement a full -reconstruction pavement treatment to rehabilitate the project locations using the existing pavement section material as the base for the new roadway - wearing surface. This treatment produces a cost- effective solution to alligator, transverse, longitudinal, and reflection pavement cracking.

Staff is requesting City Council to approve the creation of CIP PS 24-9 Pavement Rehabilitation on Cherry Hills Drive, Cherry Hills Court, Kilarney Drive, and Kilarney Court.

REASON FOR RECOMMENDATION:

Creation of CIP PS 24-9 Pavement Rehabilitation is needed to correct existing roadway pavement deficiencies and increase motorists' safety. Approving the creation of CIP PS 24-9 will allow the City to begin planning and designing phases for the proposed project.

FISCAL IMPACT:

Sufficient funds were not allocated in the approved FY 23/4 budget, thus staff is also requesting the approval of a budget amendment transferring $ 100, 00from the General Fund Street Repair Reserves ( 1010) to the CIP Project Fund ( 3310) as follows:

Decrease Street Repair Reserves
1010- 251- 03-0
Increase Transfer Out
1010- 9900-90- 9010
Increase Transfer In
3310- 9900- 393- 0000
Increase Appropriation
3310- 8000- 420- 10
100, 00
100, 00
PS 24-9 $ 100, 00
PS 24-9 $ 100, 00
Staff will complete planning and designing phases and return to Council at a later date to award a construction contract.

ATTACHMENTS:

A. Resolution Creating CIP PS 24-9 Pavement Rehabilitation on Cherry Hills Drive, Cherry Hills Court, Kilarney Drive, and Kilarney Court, and Approving Budget Amendment
B. Project Location Map
218
CITY MANAGER' SREPORT PAGE 3
FEBRUARY 12, 2024 CITY COUNCIL REGULAR MEETING
CREATE CIP PS 24-9 PAVEMENT REHABILITATION ON CHERRY HILLS

DRIVE, CHERRY HILLS COURT, KILARNEY DRIVE, AND KILARNEY COURT,

AND APPROVE BUDGET AMENDMENT
APPROVALS:

Assistant Engineer
Ken Reed
Senior Construction Manager
Brad T( y
1or
City Engineer
Cari
Finance Iii - ctor
2o2y
Date
l-1 - 2 D Z. 1 -I
Date
Date
Date
Michael King Date
Assistant City Manager
1i- 2oz. y

1.- A4
Salvador Navarrete Date
City Attorney
St-• en J. Salvatore Date
City Manager
219
RESOLUTION NO. 24-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP CREATING CIP PS 24-9 PAVEMENT REHABILITATION ON CHERRY HILLS DRIVE,

CHERRY HILLS COURT, KILARNEY DRIVE, AND KILARNEY COURT, AND

APPROVING BUDGET AMENDMENT
WHEREAS, staff utilizes the City' s
Pavement Management System ( PMS) to
assess the condition of roadway sections and help determine the pavement locations to repair and rehabilitate; and
WHEREAS, on July 2023, CIP PS 22- 45 Road Maintenance and Rehabilitation Project completed the reconstruction of Prairie Dunes Drive; and WHEREAS, to continue the repair and rehabilitation of that area, staff is proposing to create Capital Improvement Project ( CIP) PS 24-9 Pavement Rehabilitation ( Project) on Cherry Hills Drive, Cherry Hills Court, Kilarney Drive, and Kilarney Court; and
WHEREAS, through a full -reconstruction pavement treatment, the Project will use the existing pavement section material as the base for the new roadway - wearing surface; and
WHEREAS, this treatment produces a cost- effective solution to alligator, transverse, longitudinal, and reflection pavement cracking; and WHEREAS, staff requests that City Council approve the creation of CIP PS 24-9 Pavement Rehabilitation on Cherry Hills Drive, Cherry Hills Court, Kilarney Drive, and Kilarney Court; and
WHEREAS, sufficient funds were not allocated in the approved FY 23/4 budget, thus staff is also requesting the approval of a budget amendment transferring $ 100, 00 from the General Fund Street Repair Reserves ( 1010) to the CIP Project Fund ( 3310) as follows:

Decrease Street Repair Reserves
1010- 251- 03-0
Increase Transfer Out
1010- 9900-90- 9010
Increase Transfer In
3310- 9900- 393- 0000
Increase Appropriation
3310- 8000- 420- 10
100, 00
100, 00
PS 24-9 $ 100, 00
PS 24-9 $ 100, 00
220
WHEREAS, staff will complete planning and designing phases and return to Council at a later date to award a construction contract.

NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Lathrop does hereby approve the creation of CIP PS 24-9 Pavement Rehabilitation on Cherry Hills Drive, Cherry Hills Court, Kilarney Drive, and Kilarney Court; and BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop also approves a budget amendment transferring $ 100, 00 from the General Fund Street Repair Reserves ( 1010) to the CIP Project Fund ( 3310) as detailed above. 221
The foregoing resolution was passed and adopted this 12th day of February 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 222
223

PAGE LEFT

INTENTIONALLY
BLANK
224
ITEM 4. 14

CITY MANAGER' SREPORT
FEBRUARY 12, 2024 CITY COUNCIL REGULAR MEETING
ITEM: CREATE CIP PS 24- 31, YOSEMITE AVENUE

PAVEMENT REHABILITATION, APPROVE

REIMBURSEMENT AGREEMENT WITH YOSEMITE
LATHROP 2, LLC, AND APPROVE BUDGET

AMENDMENT
RECOMMENDATION: Adopt Resolution Creating CIP PS 24- 31, Yosemite Avenue Pavement Rehabilitation, Approving
Reimbursement Agreement with Yosemite Lathrop
2, LLC, and Approving Budget Amendment
SUMMARY:

Staff is proposing City Council approve the creation of Capital Improvement Project CIP) PS 24- 31 for Yosemite Avenue Pavement Rehabilitation ( Project) to address and repair the deteriorating pavement surface on Yosemite Avenue. Yosemite Avenue is an east -west arterial road with significant traffic due to the City' s rapid growth.

The project limits will be from SR120 to the eastern City limits, as depicted in Attachment " C".

The Gateway Specific Plan area developer, Yosemite Lathrop 2, LLC ( Phelan), is currently repaving and expanding the south side of Yosemite Avenue along the entire frontage of the development as required by the Subdivision Improvement Agreement. Staff recognizes that improvements on the north side of Yosemite Avenue are also necessary in order to maintain safe road conditions. Phelan has agreed, contingent on Council approval of the proposed reimbursement agreement, to repave a portion of Yosemite Avenue to the extent shown in Attachment " D" Portion of Yosemite Avenue), concurrently with the improvements on the south side of Yosemite Avenue.

The cost to improve the Portion of Yosemite Avenue is equal to or less than quotes City has received for similar work and Phelan has agreed to reduce or waive mobilization costs for the City since Phelan is already required to pay mobilization costs for the required improvements on the south side of Yosemite Avenue fronting the development. The remaining unpaved section of Yosemite Avenue will be improved as a City project at a later date.

Staff recommends City Council approve the creation of CIP PS 24- 31, approve Public Infrastructure Reimbursement Agreement Between City of Lathrop and Yosemite Lathrop 2, LLC Relating to Capital Improvement Project ( CIP) PS 24- 31 Yosemite Avenue Pavement Rehabilitation ( Reimbursement Agreement) and approve a budget amendment transferring $ 799, 551 from the General Fund Street Repair Reserves 1010).
225
CITY MANAGER' SREPORT PAGE 2
FEBRUARY 12, 2024 CITY COUNCIL REGULAR MEETING
CREATE CIP PS 24- 31, YOSEMITE AVENUE PAVEMENT REHABILITATION, APPROVE REIMBURSEMENT AGREEMENT WITH YOSEMITE LATHROP 2, LLC,

AND APPROVE BUDGET AMENDMENT
BACKGROUND:

Yosemite Avenue is an east -west arterial that has seen significant traffic due to the rapid growth of the City and the increase in warehouse facilities fronting the road.

The road is bound by commercial and industrial zoning, and is utilized for access to SR120.

Through field observations, staff assessed the condition of Yosemite Avenue from SR120 to the eastern City limits and determined that it requires rehabilitation. Staff proposes to create CIP PS 24- 31 for Yosemite Avenue Pavement Rehabilitation to repair the deteriorated pavement surface.

Currently, the developers of the Gateway development, Phelan, are repaving and expanding the south side of Yosemite Avenue along the entire frontage of their development, as required by their Subdivision Improvement Agreement. Phelan has agreed, contingent on Council approval of the proposed Reimbursement Agreement, to repave the Portion of Yosemite Avenue to the extent shown in Attachment " D", concurrently with the improvements on the south side of Yosemite Avenue.

The cost to improve the Portion of Yosemite Avenue is equal to or less than the quotes the City received for similar work and Phelan has agreed to reduce or waive mobilization costs for the City since Phelan is already required to pay mobilization costs for the required improvements on the south side of Yosemite Avenue fronting the development. The remaining unpaved section of Yosemite Avenue will be improved as a City project at a later date.

After completing the construction work, Phelan will fund the entire cost of the improvements and provide the City proof of payment. City staff will then inspect the work, and if deemed complete to City specification by the City Engineer, staff will return to City Council to request Council' s acceptance of the completed public improvements.

REASON FOR RECOMMENDATION:

The Project is needed to bolster the structure and improve the wearing course of Yosemite Avenue. The proposed creation of CIP PS 24- 31, the budget amendment, and Reimbursement Agreement would allow the Project to move forward and the City to fund the improvements for the portion of Yosemite Avenue.

FISCAL IMPACT:

Sufficient funds were not allocated in the approved FY 23-4 budget, therefore, staff is requesting the approval of budget amendment transferring $ 799, 551 from the General Fund Street Repair Reserves ( 1010) to the CIP Project Fund ( 3310) as follows:
226
CITY MANAGER' S REPORT PAGE 3
FEBRUARY 12, 2024 CITY COUNCIL REGULAR MEETING
CREATE CIP PS 24- 31, YOSEMITE AVENUE PAVEMENT REHABILITATION, APPROVE REIMBURSEMENT AGREEMENT WITH YOSEMITE LATHROP 2, LLC,

AND APPROVE BUDGET AMENDMENT
Decrease Street Repair Reserves
1010- 251- 03-0
Increase Transfer Out
1010- 9900-90- 9010
Increase Transfer In
3310- 9900- 393- 0000
Increase Appropriation
3310- 8000- 420- 10
Increase Appropriation
3310- 8000- 420- 840
ATTACHMENTS:
799, 551
799, 551
PS 24- 31 $ 799, 551
PS 24- 31 $ 749, 551
PS 24- 31 $ 50, 000
A. Resolution Creating CIP PS 24- 31, Yosemite Avenue Pavement Rehabilitation, Approve Reimbursement Agreement with Yosemite Lathrop 2, LLC, and Approve Budget Amendment
B. Public Infrastructure Reimbursement Agreement with Yosemite Lathrop 2, LLC CIP PS 24- 31
C. CIP PS 24- 31 Limits Map - Yosemite Avenue Pavement Rehabilitation D. Improvement Location Map - Gateway Frontage - Yosemite Avenue 227
CITY MANAGER' S REPORT PAGE 4
FEBRUARY 12, 2024 CITY COUNCIL REGULAR MEETING
CREATE CIP PS 24- 31, YOSEMITE AVENUE PAVEMENT REHABILITATION, APPROVE REIMBURSEMENT AGREEMENT WITH YOSEMITE LATHROP 2, LLC,

AND APPROVE BUDGET AMENDMENT
APPROVALS:
5 - 2 4
B IaI Nabizadah Date
Assistant Engineer
Brad ylor
City Engi eer
Can Jame
Director o'\ inance

2./ s /2 mai
Date
Q,\ 6) Al/ t
Date
Michael King Date
Assistant City Manager
Salvador Navarrete Date
City Attorney
0,/- z4
Stephen J. Salvatore Date
City Manager
228
RESOLUTION NO. 24-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP CREATING CIP PS 24- 31, YOSEMITE AVENUE PAVEMENT REHABILITATION, APPROVING REIMBURSEMENT AGREEMENT WITH YOSEMITE LATHROP 2,

LLC, AND APPROVING BUDGET AMENDMENT
WHEREAS, Yosemite Avenue is an east - west arterial that has seen significant traffic due to the rapid growth of the City and the increase in warehouse facilities fronting the road. The road is bound by commercial and industrial zoning, and is utilized for access to SR120; and
WHEREAS, through field observations, staff has assessed the condition of Yosemite Avenue from SR120 to the eastern City limits and determined that it requires rehabilitation; and
WHEREAS, Staff proposes to create CIP PS 24- 31 for Yosemite Avenue Pavement Rehabilitation to maintain and repair the deteriorated pavement surface; and
WHEREAS, currently, the developers of the Gateway development, Phelan, is repaving and expanding the south side of Yosemite Avenue along the entire frontage of their development as is required by their Subdivision Improvement Agreement; and
WHEREAS, Phelan has agreed, contingent on Council approval of proposed Public Infrastructure Reimbursement Agreement Between City of Lathrop and Yosemite Lathrop 2, LLC Relating to Capital Improvement Project ( CIP) PS 24- 31 Yosemite Avenue Pavement Rehabilitation ( Reimbursement Agreement), to repave the Portion of Yosemite Avenue to the extent shown in Attachment " D" of the City Manager' s Report that accompanies this Resolution ( Portion of Yosemite Avenue), concurrently with the improvements on the south side of Yosemite Avenue; and WHEREAS, the cost to improve the Portion of Yosemite Avenue is equal to or less than quotes City has received for similar work and Phelan has agreed to reduce or waive mobilization costs for the City since Phelan is already required to pay mobilization costs for the required improvements on the south side of Yosemite Avenue fronting the development; and
WHEREAS, the remaining unpaved section of Yosemite Avenue will be improved as a City project at a later date; and
WHEREAS, after completing the construction work, Phelan will fund the entire cost of the improvements and provide the City proof of payment. City staff will then inspect the work, and if deemed complete to City specifications by the City Engineer, staff will return to City Council to request Council' s acceptance of the completed
public improvements; and
229
WHEREAS, staff requests City Council approve the creation of CIP PS 24- 31, Yosemite Avenue Pavement Rehabilitation; and
WHEREAS, staff also requests the approval of a budget amendment transferring $ 799, 551 from the General Fund Street Repair Reserves to the CIP Project Fund to create the project and fund the design and construction as follows; and
Decrease Street Repair Reserves
1010- 251- 03-0
Increase Transfer Out
1010- 9900-90- 9010
Increase Transfer In
3310- 9900- 393- 0000
Increase Appropriation
3310- 8000- 420- 100
Increase Appropriation
3310- 8000- 420- 840
799, 551
799, 551
PS 24- 31 $ 799, 551
PS 24- 31 $ 749, 551
PS 24- 31 $ 50, 000
WHEREAS, staff further requests City Council approve the execution of a Reimbursement Agreement with Yosemite Lathrop 2, LLC for a reimbursement amount not to exceed $ 749, 551.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby approves the creation of Capital Improvement Project ( CIP) PS 24- 31, Yosemite Avenue Pavement Rehabilitation; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop also approves a budget amendment transferring $ 799, 551 from the General Fund Street Repair Reserves ( 1010) to the CIP Project Fund ( 3310) as detailed above; and BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop also approves a Reimbursement Agreement with Yosemite Lathrop 2, LLC for a total reimbursement amount not -to -exceed $ 749, 551.
230
The foregoing resolution was passed and adopted this 12th day of February, 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 231

ATTACHMENT

CITY OF LATHROP

PUBLIC INFRASTRUCTURE REIMBURSEMENT AGREEMENT
BETWEEN THE CITY OF LATHROP AND YOSEMITE LATHROP 2,
LLC RELATING TO CAPITAL IMPROVEMENT PROJECT ( CIP) PS 24- 31 YOSEMITE AVENUE PAVEMENT REHABILITATION
This Public Infrastructure Reimbursement Agreement Relating to CIP PS 24- 31, Yosemite Avenue Pavement Rehabilitation, Lathrop, CA (" Agreement") is made and entered into this 12th day of February 2024 (" Effective Date") by and between the City of Lathrop, a municipal corporation of the State of California (" City"), and Yosemite Lathrop 2, LLC ("Developer"). City and Developer may be collectively referred to herein as the " Parties" or individually as a " Party".

RECITALS
A. Lathrop Municipal Code ( LMC) 3. 22 provides a mechanism to reimburse developers for certain public improvements as detailed therein.

B. The " Project," as referenced in this Agreement, consists of ( 1) removal and replacement of 3 inch asphalt with glass grid for portions of roadway with concrete panels under the existing asphalt ( 2) removal and replacement of 3 inch asphalt and removal and replacement of 12 inch aggregate base for portions of the roadway with no concrete panels under the existing asphalt, centerline and edgeline striping, and markers on the North side of Yosemite Avenue which includes two 12' travel lanes and 1' of shoulder, as shown in Exhibit A.

C. Developer will pay expenses for the Project and is entitled to a reimbursement from the City of Lathrop (" Reimbursement") as outlined herein. The purpose of this Agreement is to detail the mechanisms for the payment of Reimbursement to Developer only for those items set forth in Exhibit B to this Agreement.

D. As detailed below, upon completion of the Project, the City agrees to reimburse Project expenses paid by Developer, with total Reimbursement not to exceed $ 749, 551.

NOW, THEREFORE, for good and valuable consideration, City and Developer agree as follows:

AGREEMENT

1. Recitals. The recitals set forth above are true and correct and made a part of this Agreement.

2. City and Developer Obligations.
a) City Obligations:
1 232
i) City shall accept the subject public improvements from the Developer following Developer' ssatisfaction of all obligations as listed in Section 2(b) of this Agreement.
ii) Subject to the limitation herein, City shall reimburse Developer for the Project cost of construction, with Reimbursement not to exceed 749, 551 following City' s acceptance of the Public Improvements contemplated by this Agreement.
b) Developer Obligations:
i) Developer has submitted an exhibit and specifications to the City pursuant to LMC 3. 22. 010E.
ii) Developer will complete all construction of the Project in compliance with the Subdivision Improvement Agreement for Parcel Map 21- 02. iii) Developer shall provide reasonable documentation of the actual costs incurred for Project ( which may include, among others, unconditional lien releases, invoices, proof of payment, confirmation on letterhead from relevant contractor( s)/ubcontractor( s) of payment, and/ or any other reasonable documentation similar in detail and content as has been previously provided to City); City shall then have the right, but not the obligation, to reasonably review and audit said documentation, to the extent it determines reasonably appropriate, with any such audit being completed within thirty ( 30) days. No later than thirty (30) days of either ( a) the receipt of said documentation, or (b) the completion of any audit.

3. Reimbursement.
a) Timing of Reimbursement.
i) Timing of Reimbursement to Developer shall occur within a reasonable time after City Engineer' s approval of the Project pursuant to LMC

3. 22. 010 and acceptance of the Public by City Council. City shall deliver such Reimbursement to the address set forth in Section 10 below.

4. Term of Agreement; Termination.
a) This Agreement shall commence on the Effective Date and shall terminate on the sooner of (i) one year after the date of execution or ( ii) when Developer has received Reimbursement.
2 233

5. Indemnification. Developer 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, or judgments, arising in whole or in part, directly or indirectly, at any time from any injury to or death of persons or damage to property as a result of the willful or negligent act or omission of Developer or its Contractors, or which results from Developer' snoncompliance with any Law respecting the condition, use, occupation or safety of the Project site, or any part thereof, or which arises from conduct in the performance of or failure to perform the terms and conditions of this Agreement, except as may arise from the sole willful or negligent act or omission of City or any ofits 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 Developer under this Agreement at any time during the term of this Agreement, or arising thereafter.

6. Governing Law. This Agreement shall be governed by the laws of the State of California.

7. Binding Effect. This Agreement is for the benefit of and shall be binding upon both Parties and their respective successors, heirs, executors, administrators, permitted assigns and successors in interest.

8. Assignment. Not Applicable.

9. Notices. For purposes of this Agreement, " notice" means any notice, demand, request, or other communication to be provided under this Agreement. All notices shall be in writing and shall be sent to the below addresses or at such other addresses as either Party may later specify for that purpose. All notices required or permitted under this Agreement shall be personally delivered or sent by registered or certified mail, return receipt requested, postage prepaid or by a nationally recognized overnight courier, such as FedEx or UPS, with charges prepaid for next business day delivery, addressed to the Parties as follows:

If to City:

With a concurrent copy to:

If to Developer:

City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Attn: City Clerk
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Attn: Salvador Navarrete, City Attorney
Email: snavarrete@ci. lathrop. ca. us
Yosemite Lathrop 2, LLC
220 Montgomery Street, Suite 315
San Francisco, CA 94104
Attn: David Haugen
Email: dhaugen@phelandevco. com
3 234
The date of any notice shall be the date of receipt, provided that rejection or other refusal to accept or the inability to deliver because of a change in address of which no notice was given shall be deemed to constitute receipt of the notice sent. Either Party may change its address for notice by giving notice to the other Party in accordance with this Section 9.

10. Payments to Developer. All reimbursement payments due to Developer hereunder shall be sent to the following address or at such other address ( or wiring instructions) as Developer shall from time to time specify in writing to City:

Yosemite Lathrop 2, LLC
220 Montgomery Street, Suite 315
San Francisco, CA 94104
Attn: David Haugen

11. Amendments. Any modifications to this Agreement shall be in writing and signed by authorized representatives of both Parties.

12. Attorney' sFees and Venue. In the event of a dispute arising under this Agreement between the Parties, the prevailing Party shall be entitled to an award against the other Party of reasonable and actual attorney' sfees and costs incurred in connection with the dispute. The venue for any litigation shall be in San Joaquin County, California.

13. Cumulative Rights; Waiver. The failure by either Party to exercise, or delay in exercising any rights under this Agreement, shall not be construed or deemed a waiver thereof, nor shall any single or partial exercise by either Party preclude any other or future exercise thereof or the exercise of any other right. Any waiver of any provision or any waiver of any breach of any provision of this Agreement must be in writing, and any waiver by either Party of any breach of any provision of this Agreement shall not operate as or be construed as a waiver of any other breach of that provision or of any breach of any other provision of this Agreement.

14. Severability. If any provision of this Agreement is deemed by a court of competent jurisdiction to be invalid, illegal or unenforceable, such provision shall be deemed to be severed or deleted from this Agreement and the balance of this Agreement shall remain in full force and effect notwithstanding such invalidity, illegality or unenforceability.

15. Headings. All headings herein are inserted only for convenience and ease of reference and are not considered in the construction or interpretation of any provision of this Agreement.

16. Signing Authority. The individuals signing this Agreement represent and agree that they have full and actual authority to bind their respective Parties to this Agreement.

17. Entire Agreement. This Agreement constitutes the entire agreement between the Parties regarding its subject. This Agreement supersede all proposals, oral and written, and all negotiations, conversations or discussions heretofore and between the Parties related to the subject matter of this Agreement.
4 235

18. No Third -Party Beneficiaries. There are no intended third -party beneficiaries of any right or obligation assumed by the Parties. In particular, and without limitation, no merchant builder or other purchaser of land from Developer shall have any right to enforce this Agreement.

19. Minor Modifications. Not applicable.

20. Counterparts; Electronic Signatures. This Agreement may be signed in counterparts, each of which shall constitute an original and which collectively shall constitute one instrument. Signatures may be given by facsimile, emailed PDF, or other electronic means with the same force and effect as signed, wet originals.

Signatures to follow on next page]
5 236
IN WITNESS WHEREOF, City and Developer have executed this Agreement as of the Effective Date.

CITY:

CITY OF LATHROP,
A California municipal corporation
By:

Stephen J. Salvatore
City Manager
ATTEST:

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

Teresa Vargas, City Clerk
APPROVED AS TO FORM:

By:

Salvador Navarrete
City Attorney
DEVELOPER:

YOSEMITE LATHROP 2, LLC,
A Delaware limited liability company
By: Phelan- Haugen, LLC,
a California limited liability company,
Its Managing Member
By: Haugen Investments, LLC,
a California limited liability company,
Its Manager
By:

David M. Haugen, Manager
6 237

EXHIBIT A

DEPICTION OF PROJECT SITE
7 238
Exhibit
A
Improvement
Limits
Per
Reimbursement
With
Yosemite
Lathrop
2,
LLC
Two
12 fo
ot
lanes
a
nd
1 fo
ot
of
North
side
of
Y
osemite Avenue
Scope
of
Work:

1. Removal replaand ofcement
3 inch
asphalt
with
glass
grid
for
portions
of
ro
adway
with
con
crete
pan
els
u
nder
the
existing
asphalt

2. Remova
l
and repla ofcement
3 inch
asphalt
and
remo
val
and replacement
of
12 inch
aggregate
base
fo
r
portions
of
the
roadway
with
no
concrete

3. a Centerline
nd
edgeline
striping,
a
nd
markers
on
the
North
side
of
Yo
semite
Avenu
e
239

EXHIBIT B

CONTRACTOR' SESTIMATE
8 240
Priority 1 & 2 - Yosemite Ave Partial Reconstruct, 10"
Digout & 3" Overlay
Lathrop Gateway Ph2
a II
iE1CHERI'
Quote To:

Phone:

E- mail:

Contact:

Phone:

E- mail:

City of Lathrop
See exclusions listed below.

Andrew Cumpian/ Eric Buriel
209- 689- 9445/ 69- 1461
Job Name: Lathrop Gateway Ph2
Date of Plans: N/ A working off Narrative/ Email to
Reconstruct portions & Overlay portions
Revision Date: 2024- 02-7
Revison 1
Estimate No: 210169I

ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT

TRAFFIC CONTROL
1100 Traffic Control Plan ( Engineer to Amend) 1. 00 LS 1,00. 0 1,00. 0 1200 CMS Boards ( Public Notification)- 1 month each 3. 00 EA 2, 900. 0 8, 700. 0 1300 Construction Area Signs 5. 00 EA 350. 00 1, 750. 0 1325 NOT BID K -Rail LF
1700 Traffic Control Materials 1. 00 LS 9, 500. 0 9, 500. 0 1750 Flagging, Lane Closures, & Detour 1. 00 LS 26, 700. 0 26, 700. 0 1800 Temporary Striping 1. 00 LS 11, 000. 11, 000.
1850 Private Driveways - Maintain Access 1. 00 LS 4,00. 0 4,00. 0 1999 SUBTOTAL TRAFFIC CONTROL 63, 150. 0

GENERAL/ EARTHWORK/ STAGING
2150 Potholing Ex. Utilities 1. 00 LS 10, 500. 0 10, 500. 0 2200 Sawcut, Remove & Dispose of Existing AC - YOS 64, 748. 00 SF 1.0 71, 222. 80 2250 Concrete Panel Removal x 16" YOS 8, 096.0 SF 4. 00 32,84. 00 2275 NOT BID Clearing & Grubbing LS
2350 Erosion Control - SEE Bid Group Below LS
2550 Roadway Ex & Offhaul Excess to On -Site Stockpile 1. 00 LS 43, 000. 43, 000. 2600 NOT BID Fill/inish Planter/ Contours - None Shown SF 2625 NOT BID Subgrade& Fine Grade Sidewalk - None
Shown
SF
2700 Subgrade & Fine Grade AC Pavement - YOS 8, 096.0 SF 1. 90 15, 382. 40 2775 NOT BID Subgrade for 10" Digout Areas SF
2999 SUBTOTAL

GENERAL/ EARTHWORK/ STAGING
172, 489. 20

SURFACE IMPROVEMENTS

241

ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT
3100 Grind 2" Conforms @ Ends Only 750. 00 SF 4. 00 3, 000. 3150 Glass Grid 8502 for Lap Joint & 3" Overlay 51, 078.0 SF 2. 05 104, 709. 90 3200 19" AB under 10" AC for Full Depth Portion ONLY 8, 096.0 SF 6. 45 52, 219.0 3225 10" AC Pavement 20, 922. 00 SF 8. 30 173, 652.0
3235 3" AC Pavement Overlay 45, 326. 00 SF 2. 70 122, 380. 2 3250 NOT BID Shoulder Backing - None Shown LF
3300 NOT BID AC Dike/ Berm None Shown LF
3500 Tack Oil - Final Lift of 10", Overlay & Conforms 67, 748. 00 SF 0. 20 13, 549. 60 3600 NOT BID Driveway Repairs or Conforms SF
3999 SUBTOTAL SURFACE IMPROVEMENTS 469, 511.0
WATER
4400 Raise Exisitng Water Valves 6. 00 EA 1,00. 0 6,00. 0 4999 SUBTOTAL WATER 6,00. 0

STRIPING AND SIGNAGE
5300 NOT BID Additional Roadside Signs- None Shown LS
5350 Striping & Markings ROM 1. 00 LS 30, 000. 30, 000. 5999 SUBTOTAL STRIPING AND SIGNAGE ITEMS 30, 000.

SIGNALS AND LIGHTING/ J
6200 NOT BID Detector Loop Replacement - None Shown LS
6300 NOT BID additional Signal Work - None Shown LS
6400 NOT BID additional Lighting or JT work - Non
Shown
LS
6999 SUBTOTAL SIGNALS & LIGHTING/ J

LANDSCAPE & IRRIGATION
7200 NOT BID additional Landscape & Irrig - None
shown
LS
7999 SUBTOTAL LANDSCAPE & IRRIGATION

EROSION CONTROL AND SWPPP
22100 Construction Entrances ( or Sweeping) 2. 00 EA 3, 900. 0 7, 800. 0 22150 NOT BID Straw Fiber Rolls LF
22300 NOT BID Hydroseed - None Shown AC
22400 NOT BID Temp Inlet Protection - None Shown EA
22450 NOT BID QSP/SD Sevrices MO
22999 SUBTOTAL EROSION CONTROL AND

SWPPP ITEMS
LS 7, 800. 0

GRAND TOTAL
NOTES:

Exclusions:

Qunatities and Scope based on Teichert provided Exhibit.

Adjusting of dry utility boxes.

Inspection, Permits, Fees, Testing.
749, 550. 7

242
Design, Engineering and Surveying/ staking. SWPPP.

243

PAGE LEFT

INTENTIONALLY
BLANK
244
ITEM 4. 15

CITY MANAGER' S REPORT
FEBRUARY 12, 2024 CITY COUNCIL REGULAR MEETING
ITEM: ACCEPT PUBLIC IMPROVEMENTS WITH ASSOCIATED
CONDITIONS FOR EP NO. 2021- 09 LOCATED ON

GOLDEN VALLEY PARKWAY AND RIVER ISLANDS

PARKWAY FROM EVERGREEN AND APPROVE CHANGE
ORDER NO. 32 FOR LANDSCAPE MAINTENANCE
RECOMMENDATION: Adopt Resolution Accepting Public Improvements with Associated Conditions for Encroachment Permit
No. 2021- 09 Located Golden Valley Parkway and
River Islands Parkway, from Evergreen and Approve
Change Order No. 32 for Landscape Maintenance
SUMMARY:

Evergreen - Golden Valley & River Islands, LLC, ( Evergreen), the developer of the improvements at 16460, 16446, 16434 and 16412 Golden Valley Parkway, has substantially completed the public improvements associated with Encroachment Permit No 2021- 09 (EP 2021- 09). Staff has inspected the improvements and they have been deemed complete and in accordance with the approved plans and city specifications by the City Engineer with the exception noted below. A Vicinity Map of the improvements is included in Attachment " B".

Due to delays associated with Pacific Gas & Electric ( PG& E) for electrical and gas connections, some portions of the construction are not complete. Therefore, staff recommends Council accept the PG& Erelated public improvements contingent on the completion of the electric and gas connections.

The approximate value of the public improvements constructed is $ 216, 798, as shown in the GASB 34 Report included as Attachment " C". Evergreen provided a oneyear warranty bond based on 10% of the construction costs, as well as lien releases for the improvements offered for acceptance.

Staff requests City Council accept the completed public improvements associated with the EP 2021- 09, conditionally accept the PG& E related improvements, and approve a change order with the City' s landscape contractor for future landscape maintenance.

BACKGROUND:

The City of Lathrop Community Development Department, Planning Division, and the Central Lathrop Design Review Board approved the Site Plan Review No 20- 108 (SPR20- 108) to authorize the following: 1) construction of a 5, 934 square feet Chevron Gas Station and a 4, 800 square feet fuel canopy on a 1. 40 -acre parcel ( Lot 1); 2) construction of a new 3, 479 square feet Blue Rain Car Wash on a 1. 01 -acre parcel 245
CITY MANAGER' S REPORT PAGE 2
FEBRUARY 12, 2024 CITY COUNCIL REGULAR MEETING

ACCEPT PUBLIC IMPROVEMENTS WITH ASSOCIATED CONDITIONS FOR EP NO. 2021- 09 LOCATED ON GOLDEN VALLEY PARKWAY AND RIVER ISLANDS PARKWAY FROM EVERGREEN AND APPROVE CHANGE ORDER NO. 32 FOR

LANDSCAPE MAINTENANCE
Lot 2); 3) Construction of two quick serve restaurants ( Lots 3 and 4). The Conditions of Approval ( COAs) associated with the entitlement of the project required the installation of frontage improvements along Golden Valley Parkway and River Islands Parkway, including but not limited to paving, landscaping, and sidewalk.

Due to delays with PG& Efor the electrical and gas connections, some portions of the construction are not complete. Therefore, staff recommends Council accept the PG& E related public improvements contingent on the completion of the electric and gas connections.

Council acceptance of improvements with a condition of completion will accelerate the construction of the commercial area in the Central Lathrop Specific Plan by allowing Evergreen to sell the land to developers quickly.

To guarantee the completion of the unfinished improvements, Evergreen has provided a performance bond rider ( LICX12030656) to reduce the original performance bond ( LICX12030656), as shown in Table 1 below. The reduced performance bond will remain in place until the electrical and gas connections are inspected by staff and deemed complete by the City Engineer. Upon completion, the performance bond ( LICX12030656) will be released.

Evergreen has also provided a one- year warranty bond based on 10% of the construction cost which will cover the completed and remaining improvements, as well as developer lien releases and contractor lien releases. The warranty bond is detailed in Table 1 below.

Table 1
Description
Original
Performance
Bond
Performance
Bond Rider
Warranty Bond
Number &
Amount
Encroachment
Permit 2021- 09
LICX1203065
301, 620
LICX1203065
163, 200
5326023
21, 680
REASON FOR RECOMMENDATION:

Construction of the public improvements associated with EP 2021- 09 is substantially complete and have been inspected by City staff to ensure conformance with the approved plans, excluding the electrical and gas connection. Evergreen has submitted lien releases, performance bond rider ( LICX1203065) to guarantee the electrical and gas connection, a one- year warranty bond ( 5326023), and as -built drawings, for the improvements being accepted.
246
CITY MANAGER' SREPORT PAGE 3
FEBRUARY 12, 2024 CITY COUNCIL REGULAR MEETING

ACCEPT PUBLIC IMPROVEMENTS WITH ASSOCIATED CONDITIONS FOR EP NO. 2021- 09 LOCATED ON GOLDEN VALLEY PARKWAY AND RIVER ISLANDS PARKWAY FROM EVERGREEN AND APPROVE CHANGE ORDER NO. 32 FOR

LANDSCAPE MAINTENANCE
To avoid delay in acceptance of public improvements while we wait for PG& E, staff request Council accept the completed public improvements and accept the PG& E related public improvements contingent on the completion of the electric and gas connections. If accepted as proposed, the developer will notify staff when PG& E connections are completed and City staff will confirm when the remaining improvements have been completed and will subsequently release the performance bond ( LICX1203065).

FISCAL IMPACT:

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

The City' sService Maintenance CFD 2019- 02 has been established to help fund City maintenance and operating costs. The improvements listed in the GASB 34 Report detail the $ 216, 798 expended on public improvements, and the City' smaintenance costs will increase because of the additional improvements that have to be maintained.

Staff is also requesting City Council adopt resolution approving Contract Change Order ( CCO) No. 32 with Dave Silva, dba Silva Landscape ( Attachment " D") to add this new landscape to future maintenance service.

ATTACHMENTS:

A. Adopt Resolution Accepting Public Improvements with Associated Conditions for Encroachment Permit No. 2021- 09 Located on Golden Valley Parkway and River Islands Parkway from Evergreen - Golden Valley & River Islands, LLC and Approve Change Order No. 32 for Landscape Maintenance B. Vicinity Map
C. GASB 34 Report - 16460 Golden Valley Parkway
D. Contract Change Order No. 32 with Dave Silva dba Silva Landscape 247
CITY MANAGER' S REPORT PAGE 4
FEBRUARY 12, 2024, CITY COUNCIL REGULAR MEETING

ACCEPT PUBLIC IMPROVEMENTS WITH ASSOCIATED CONDITIONS FOR EP NO. 2021- 09 LOCATED ON GOLDEN VALLEY PARKWAY AND RIVER ISLANDS

PARKWAY FROM EVERGREEN -GOLDEN VALLEY & RIVER ISLANDS, LLC AND

APPROVE CHANGE ORDER FOR LANDSCAPE MAINTENANCE
APPROVALS:
2—I-4
Bellal Nabizadah Date
Assistant Engineer
q, f2p' oc. a -t- o, p4k
Ken Reed Date
Senior Construction Manager
Brad Saylor
City Engineer
1---../.--
Vo 2
2/ I
202'- f
Date
2 // ZoZq
Cari James Date
Finance Director
1 .---,_ 2-- 5- Z oZ1
Michael King Date
Assistant City Manger
7_, 6` 1_6-1y
Salvador Navarrete Date
City Attorney
Step1 en J. Salvatore Date
City Manager
248
RESOLUTION NO. 24-

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

PUBLIC IMPROVEMENTS WITH ASSOCIATED CONDITIONS FOR
ENCROACHMENT PERMIT NO. 2021- 09 LOCATED ON GOLDEN VALLEY

PARKWAY AND RIVER ISLANDS PARKWAY FROM EVERGREEN AND APPROVE CHANGE ORDER NO. 32 FOR LANDSCAPE MAINTENANCE
WHEREAS, the City of Lathrop Community Development Department, Planning Division, and the Central Lathrop Design Review Board approved the Site Plan Review No 20- 108 (SPR- 20- 18) to authorize the following: 1) construction of a 5, 934 square feet Chevron Gas Station and a 4, 800 square feet fuel canopy on a

1. 40 -acre parcel ( Lot 1); 2) construction of a new 3, 479 square feet Blue Rain Car Wash on a 1. 01 -acre parcel ( Lot 2); 3) Construction of two quick serve restaurants Lots 3 and 4); and
WHEREAS, the Conditions of Approval ( COAs) associated with the entitlement of the project required the installation of frontage improvements along Golden Valley Parkway and River Islands Parkway, including but not limited to paving, landscaping, and sidewalk; and
WHEREAS, due to delays with Pacific Gas & Electric ( PG& E) for the electrical and gas connections, some portions of the construction are not complete. Therefore, staff recommends Council accept the PG& E related public improvements contingent on the completion of the electric and gas connections; and WHEREAS, Council acceptance of improvements conditioned on completion will accelerate the construction of the commercial area in the Central Lathrop Specific Plan by allowing Evergreen - Golden Valley & River Islands, LLC, (Evergreen) to sell the land to developers quickly; and
WHEREAS, to guarantee the completion of the unfinished improvements, Evergreen has provided a performance bond rider ( LICX12030656) to reduce the original performance bond ( LICX12030656), as shown in Table 1 below. The reduced performance bond will remain in place until the electrical and gas connections are inspected by staff and deemed complete to City specifications by the City Engineer.

Upon completion, the performance bond ( LICX12030656) will be released; and WHEREAS, Evergreen has also provided a one- year warranty bond based on 10% of the construction cost which will cover the completed and remaining improvements. The warranty bond is detailed in Table 1 below; and Table 1
Description
Original
Performance
Bond
Performance
Bond Rider
Warranty Bond
Number &
Amount
Encroachment
Permit 2021- 09
LICX1203065
301, 620
LICX1203065
163, 200
5326023
21, 680
249
and
WHEREAS, construction of the public improvements associated with EP 2021- 09 is substantially complete excluding the electrical and gas connection and have been inspected by City staff to ensure conformance with the approved plans and City specification; and
WHEREAS, Evergreen has submitted lien releases, performance bond rider LICX1203065) to guarantee the electrical and gas connection, a one- year warranty bond ( 5326023), and as -built drawings, for the improvements being accepted; and WHEREAS, to avoid delay in acceptance of public improvements while waiting for PG& E, staff request Council to accept the completed public improvements and accept the PG& E related public improvements ( electric and gas connections) contingent on the completion of the electric and gas connections; and WHEREAS, with the condition on PG& E related public improvements, developer will be required to notify City staff when PG& E related improvements are completed and City staff will confirm that those PG& E related public improvements have been completed to City specifications and will subsequently release the performance bond ( LICX1203065); and
WHEREAS, the one- year warranty bond covers any repairs or replacements that become necessary during the one- year period, beginning with this acceptance, due to defective materials or workmanship in connection with the completed improvements; and
WHEREAS, the City' sService Maintenance CFD 2019- 02 has been established to help fund City maintenance and operating costs. The improvements listed in the GASB 34 Report detail the $ 216, 798 expended on public improvements, and the City' s
maintenance costs will increase because of the additional improvements that have to be maintained; and
WHEREAS, staff is also requesting City Council approve Contract Change Order ( CCO) No. 32 with Dave Silva, dba Silva Landscape ( Attachment " D") to add this new landscape for future maintenance.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby accept the completed public improvements listed in the GASB 34 Report included in Attachment " C" of the City Manager' s Report that accompanies this Resolution from Evergreen; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby accept the PG& E related public improvements from Evergreen contingent on the completion of the electric and gas connections to City specification and confirmation of the same by the City Engineer; and
250
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby approve Contract Change Order No. 32 with David Silva, dba Silva Landscape to add this new landscape to future maintenance services. 251
PASSED AND ADOPTED by the City Council of the City of Lathrop this 12th day of February 2024 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Sonny Dhaliwal, Mayor
ATTEST:

Teresa Vargas, City Clerk
APPROVED AS TO FORM:

Salvador Navarrete, City Attorney
252

PKWY VALLEY GOLDEN
RIVER

ISLANDS
PKWY
LEGEND:

LIMITS

OF IMPROVEMENTS
0 30
60 120
SCALE:
1"= 60'
LIMITS
OF
CITY
OF

LATHROP
ENGINEERS5142B

FRANKLIN

MACKAY &
SOMPS
IS
NOT

REPRODUCTIO
NS
OF
T
HIS
DOCU
MENT

PLEASANTON
1" =
OFFICE
12- 203
2-57Pm
Travis C. Pashon- SlIva
AUSERS\ TPASHONSILVAVDESKTOP\ 2023- 1

IMPROVEMENT

LOCATION
EXHIBIT.

DWG
253

ATTACHMENT

CITY OF LATHROP

PROJECT ACCEPTANCE
GASB 34 REPORT)
Date: 01/ 22/024
Prepared By: MacKay & Somps
Evergreen Commercial Development - River Islands and Golden Valley - Lathrop, CA Street Work and Water Systems Improvements costs provided by Pickett & Sons Construction, Inc., Landscape contract quantities and costs provided by Landscape Development, Inc.

ITEM QUANTITY UNIT DESCRIPTION
UNIT

PRICE AMOUNT
A. STREET WORK

1. 2
3 4
5 1 EA
4, 800 SF
4 EA
1 EA
1 EA
6" Commercial Driveway per std. detail R- 13
Sidewalk
Curb Ramps with truncated domes
Sidewalk Ends in 30 ft" Sign
Sidewalk Barricade Per Std. Detail R- 44
6, 768. 00

7. 07
1, 668. 00
312. 00
1, 488. 00
6, 768. 00
33, 936. 00
6,72. 00
312. 00
1, 488. 00
TOTAL STREET WORK:

B. WATER SYSTEMS
175 LF
122 LF
8 EA
C. LANDSCAPING
C. SOFT COSTS
2" Water Services
6" Main Including Valves and Fittings
Meter Boxes
49, 176

27. 54 $ 4, 820. 0

31. 20 $ 3, 810. 0
594. 00 $ 4, 750. 0

TOTAL WATER SYSTEMS WORK
1 LS
1 LS
1 LS
1 LS
1 LS
1 LS
1 LS
1 LS
1 LS
1 LS
Irrigation
Landscape
90 -day Maintenance
Dry Creek Bed
Finish Grading
Irrigation Audit
CO# 1 Skidsteer/ operation- FC- 1887
CO# 1 SK/ operator- FC- 1887
CO# 2 Foreman Excavating- FC- 1955
CO# 2 Laborer Excavating- FC- 1955
53, 206. 00
57,47. 00
2, 586. 00
15, 624. 00
4, 288. 00
835. 00
1, 400. 0
1, 200. 0
640. 00
960. 00
13, 380
53, 206. 00
57,47. 00
2, 586. 00
15, 624. 00
4, 288. 00
835. 00
1, 400. 0
1, 200. 0
640. 00
960. 00

TOTAL WATER SYSTEMS WORK
1 LS
1 LS
1 LS
Inspection Fees ( City of Lathrop)
Landscape Architecture ( Perry Design)
Civil Engineering ( MacKay & Somps)
4,06. 00
11, 550. 0
138, 26
4,06. 00
11, 550. 0
TOTAL SOFT COSTS 15, 956
TOTAL COSTS 216, 798

P.\ 29017\ Admin, estimates\ GASB34\ Lathrop Commercial - GVP RVP - GASB34 REPORT ( 2024. 01. 22). xls 254
ATTA. 91- IMENT
CHANGE ORDER NO. 32
Monthly Fee — Landscape Maintenance for Evergreen
Offsites City of Lathrop
CONTRACT CHANGE ORDER NO. 32
MONTHLY FEE — Landscape Maintenance for Evergreen Offsites Contractor: David Silva DBA Silva Landscape
Address: PO Box 607
Patterson, CA 95363
Change Order Date
Contract Execution Date:

Notice to Proceed Date:

February 12, 2024
September 1, 2017
August 29, 2017
This contract change order augments or changes the following:
1) ADDITIONS TO CONTRACT
Pursuant to the provisions of the Contract Specifications and proposal attached as Exhibit A, you are hereby directed to make the herein described changes to the plans and specifications, and scope of work contracted for within the terms of the agreement between the City of Lathrop and David Silva DBA Silva Landscape dated September 1, 2017.

I. CHANGES IN THE SPECIFICATIONS
A. None

11. ADDITION( S) TO CONTRACT
Monthly Fee — Landscape Maintenance for Evergreen Offsites 1, 200/ mo.

MONTHLY FEE COST FROM CHANGE ORDER NO. 32 ( MONTHLY FEE) 1, 200/ mo.

ORIGINAL CONTRACT AMOUNT ( MONTHLY FEE) 57, 214. 00
TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 1 ( MONTHLY FEE) 13, 900. 0 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 5 ( MONTHLY FEE) 985. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 8 ( MONTHLY FEE) 1, 850. 0 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 11 ( MONTHLY FEE) 425. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 14 ( MONTHLY FEE) 3, 500. 0 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 15 ( MONTHLY FEE) 8, 500. 0 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 23 ( MONTHLY FEE) 465. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 25 ( MONTHLY FEE) 250. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 26 ( MONTHLY FEE) 825. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 27 ( MONTHLY FEE) 625. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 28 ( MONTHLY FEE) 675. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 29 ( MONTHLY FEE) 450. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 30 ( MONTHLY FEE) 3, 725. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 31 ( MONTHLY FEE) 9, 500. 0 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 32 ( MONTHLY FEE) 1, 200. 0 TOTAL REVISED MONTHLY CONTRACT AMOUNT 104, 089.0
255
CHANGE ORDER NO. 32
Monthly Fee — Landscape Maintenance for Evergreen
Offsites City of Lathrop
TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 2 ( ONE TIME FEE) 14, 989. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 3 ( ONE TIME FEE) 22, 800. 0 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 4 ( ONE TIME FEE) 3, 200. 0 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 6 ( ONE TIME FEE) 11, 400. 0 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 7 ( ONE TIME FEE) 1, 780. 0 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 9 ( ONE TIME FEE) 2,00. 0 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 10 ( ONE TIME FEE) 950. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 12 ( ONE TIME FEE) 3, 800. 0 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 13 ( ONE TIME FEE) 925. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 16 ( ONE TIME FEE) 1, 200. 0 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 17 ( ONE TIME FEE) 2, 400. 0 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 18 ( ONE TIME FEE) 1, 650. 0 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 19 ( ONE TIME FEE) 2, 400. 0 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 20 (ONE TIME FEE) 2,00. 0 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 21 ( ONE TIME FEE) 1, 300. 0 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 22 ( ONE TIME FEE) 1, 200. 0 TOTAL ADDITIONAL COST FROM CHANFE ORDER NO. 24 ( ONE TIME FEE) 4, 500. 0 TOTAL ONE- TIME ADDITIONS TO CONTRACT AMOUNT 78, 900. 0

END OF CHANGES)

DESCRIPTION OF WORK
See additions to contract. The contractor provided all labor, material, equipment and performed all incidental tasks as necessary to complete the change order.

TIME OF COMPLETION
The work is to begin as soon as Notice to Proceed is received. To run throughout the duration of the contract.

RELEASE AND WAIVER
Acceptance of this Contract Change Order constitutes a full and final resolution of all pending disputes between City and Contractor regarding scope of work and payment for work. Contractor accepts this Contract Change Order as full payment for all work performed to date and hereafter to be performed, up to and including Contract Change Order No. 32. Contractor releases and discharges City from any and all claims, demands, damages, actions and causes of actions and causes of action for injuries, damages or losses, whether known or unknown, foreseen or unforeseen, arising directly from Contractor' s work on this contract. Contractor expressly waives the provisions of California Civil Code, Section 1542, which reads as follows:

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

END OF SECTION)
256
CHANGE ORDER NO. 32
Monthly Fee — Landscape Maintenance for Evergreen
Offsites City of Lathrop
Recommended
By:

Approved As
To Form:

Approved By:

Accepted By
Contractor:

Ken Reed
Sr. Construction Manager
City of Lathrop
Salvador Navarrete
City Attorney
City of Lathrop
Stephen J. Salvatore
City Manager
City of Lathrop
Date
Date
Date
David Silva DBA Silva Landscape Date
Print Name and Title
257
SI LVA

LANDSCAPE
Estimate
Silva Landscape
PO Box 607
Patterson, CA 95363 US
1 9254133192
david. silvalandscape@gmail. com
ADDRESS ESTIMATE # 2055
DATE 01/ 25/024
City of Lathrop
390 Towne Centre Drive
Lathrop
CA
95330
EXHIBIT" A

SERVICES AMOUNT
Landscape Maintenance for Evergreen off -sites 1, 200. 0 Monthly Maintenance to follow City of Lathrop' sLandscape Maintenance Spec' s Thank you for your business. TOTAL
Accepted By Accepted Date
1, 200. 0
258
ITEM 4. 16

CITY MANAGER' S REPORT
FEBRUARY 12, 2024 CITY COUNCIL REGULAR MEETING
ITEM: ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY

SINCLAIR GENERAL ENGINEERING CONSTRUCTION,
INC. FOR FUELING FACILITY TANK FOOTINGS, CIP
GG 21- 13
RECOMMENDATION: Adopt Resolution Accepting Public Improvements Constructed by Sinclair General Engineering
Construction, Inc. for Fueling Facility Tank Footings,
CIP GG 21- 13, Authorizing the Filing of a Notice of
Completion, Release of Contract Retention, and
Release of Performance and Payment Bonds
SUMMARY:

Sinclair General Engineering Construction, Inc. ( Sinclair) has completed the construction of Fueling Facility Tank Footings, CIP GG 21- 13 (Project). Staff inspected the improvements and they have been deemed complete and in accordance with the approved plans and specifications by the City Engineer.

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

Staff requests City Council accept the completed improvements constructed by Sinclair for the Project. Staff also requests City Council authorize the filing of a Notice of Completion with the San Joaquin County Clerk, the release of contract retention to Sinclair of $ 4, 887 within forty-ive (45) days after recording the Notice of Completion, and the release of performance and payment bonds.

BACKGROUND:

On August 14, 2022, City Council awarded a construction contract to Sinclair for the construction of the Project in the amount of $ 81, 664, with a 20% construction contingency of $ 16, 322 for staff to use as necessary to achieve the goals of the Project. The Project scope included constructing concrete footings and a slab for the placement of fuel tanks, piping and dispensers.

During construction, contract change orders ( CCO) were issued for a final contract amount of $ 97, 744. The Project' scosts referenced below capture all construction expenditures:
259
CITY MANAGER' S REPORT PAGE 2
FEBRUARY 12, 2024 CITY COUNCIL REGULAR MEETING

ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY SINCLAIR GENERAL ENGINEERING CONSTRUCTION, INC. FOR FUELING FACILITY TANK FOOTINGS, CIP GG 21- 13
A. Construction Contract
B. Contract Change Orders
81, 664
16, 080
Total Construction Contract Costs $ 97, 744
Upon acceptance of the improvements, the performance bond ( Bond No. 2332607, 81, 664) and payment bond ( Bond No. 2332607, $ 81, 664) will be released and replaced with a one- year warranty bond ( Bond No. 2332607, $8, 166). The one- year warranty bond covers any repairs or replacements that may become necessary during the one- year period beginning with this acceptance due to any defective materials or workmanship in connection with the completed improvements. Sinclair has also provided the necessary lien releases for the materials supplied and completed work.

Staff requests City Council accept the improvements constructed by Sinclair for Fueling Facility Tank Footings, CIP GG 21- 13. Staff also requests City Council authorize the filing of a Notice of Completion with the San Joaquin County Clerk, the release of contract retention to Sinclair for $ 4, 887 within forty-ive (45) days after the recording of the Notice of Completion, and the release of performance and payment bonds.

REASON FOR RECOMMENDATION:

Sinclair has completed the Project pursuant to the contract documents dated August 14, 2022. Staff inspected the improvements and they have been deemed complete and in accordance with the plans and specifications approved by the City Engineer.

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

The performance bond and payment bond will be released and replaced with the oneyear warranty bond upon City Council' s acceptance of the improvements.

FISCAL IMPACT:

The final construction contract amount with G&for the Project is $ 538,43.

Adequate funds have been allocated in the FY 2023-4 budget to close out Installation of Rubberized Surfacing, CIP PK 22- 44. With the completion of the Project, staff requests that unused funds be transferred back to the original funding sources.
260
CITY MANAGER' SREPORT PAGE 3
FEBRUARY 12, 2024 CITY COUNCIL REGULAR MEETING

ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY SINCLAIR GENERAL ENGINEERING CONSTRUCTION, INC. FOR FUELING FACILITY TANK FOOTINGS, CIP GG 21- 13
ATTACHMENTS:

A. Resolution Accepting Public Improvements Constructed by Sinclair General Engineering Construction, Inc. for Fueling Facility Tank Footings, CIP GG 21- 13, Authorizing the Filing of a Notice of Completion, Release of Contract Retention, and Release of Performance and Payment Bonds B. Notice of Completion - Fueling Facility Tank Footings, CIP GG 21- 13 261
CITY MANAGER' SREPORT PAGE 4
FEBRUARY 12, 2024 CITY COUNCIL REGULAR MEETING

ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY SINCLAIR GENERAL ENGINEERING CONSTRUCTION, INC. FOR FUELING FACILITY TANK FOOTINGS, CIP GG 21- 13
APPROVALS:

Steven
Ve- tx. 41
Hollenbeak
4/141:4
Assistant Engineer
Date
en Reed Date
Senior Construction Manager
Brad Taylor
City Engineer
Cari Jam
Finance Dir:' ctor
J / I // 7, 62L- i
Date
Date
iiigAV‘ f
1— 11—Zc' 2.y
Michael King Date
Assistant City Manager
lz4
Salvador Navarrete Date
City Attorney
Stephen J. Salvatore Date
City Manager
262
RESOLUTION NO. 24-

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

PUBLIC IMPROVEMENTS CONSTRUCTED BY SINCLAIR GENERAL
ENGINEERING CONSTRUCTION, INC. FOR FUELING FACILITY TANK FOOTINGS, CIP GG 21- 13, AUTHORIZING THE FILING OF A NOTICE OF

COMPLETION, RELEASE OF CONTRACT RETENTION, AND RELEASE OF

PERFORMANCE AND PAYMENT BONDS
WHEREAS, on August 14, 2022, City Council awarded a construction contract to Sinclair General Engineering Construction, Inc. (Sinclair) for the construction of Fueling Facility Tank Footings, CIP GG 21- 13 (Project) in the amount of $81, 664 with a 20% construction contingency of $ 16, 322 for staff to use as necessary to achieve the goals of the Project; and
WHEREAS, the scope of work consisted of constructing concrete footings and slab for the placement of fuel tanks, piping and dispensing equipment; and WHEREAS, during construction, contract change orders were issued for a final contract amount of $97, 744 the cost of which captures all construction expenditures; and
WHEREAS, staff inspected the improvements and the City Engineer deemed the improvements complete and in accordance with the approved plans and specifications; and
WHEREAS, Sinclair has provided the necessary lien releases for the materials supplied and completed work and a one- year warranty bond ( based on 10% of total Project cost) for the improvements being accepted; and
WHEREAS, the performance bond ( Bond No. 2332607, $81, 664) and payment bond ( Bond No. 2332607, $81, 664) will be released and replaced with a one- year warranty bond ( Bond No. 2332607, $8, 166) upon City Council' s acceptance of the improvements; and
WHEREAS, the one- year warranty bond covers any repairs or replacements that may become necessary during the one- year period beginning with this acceptance, due to defective materials or workmanship in connection with the completed improvements; and
WHEREAS, adequate funds have been allocated in the FY 2023-4 budget to close out the Project. With the completion of the Project, staff requests that unused funds be transferred back to the source Fund; and
WHEREAS, staff requests City Council accept the public improvements constructed by Sinclair for Fueling Facility Tank Footings, CIP GG 21- 13; and WHEREAS, staff also requests City Council authorize the filing of a Notice of Completion with the San Joaquin County Clerk, the release of contract retention to 263
Sinclair in the amount of $ 4, 887 within forty-ive (45) days after the recording of the Notice of Completion, and the release of performance and payment bonds.

NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby accept the completed public improvements constructed by Sinclair General Engineering Construction, Inc. for Fueling Facility Tank Footings, CIP GG 21- 13, pursuant to the contract documents dated August 14, 2022; and BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop authorizes the filing of the Notice of Completion with the San Joaquin County Clerk and the release of the contract retention to Sinclair, in the amount of $4, 887 within forty-ive (45) days after the recording of the Notice of Completion, and authorizes the release of the performance and payment bonds; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop approves the transfer of unused funds back to the original funding source. 264
The foregoing resolution was passed and adopted this 12th day of February, 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 265

ATTACHMENT

RECORDING REQUESTED BY, AND
WHEN RECORDED MAIL TO:

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

SPACE ABOVE THIS LINE FOR RECORDER' S USE

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN:

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

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

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

3. That the nature of the title of stated owner, or if more than one owner, then of the stated owner and co - owners is fee title ( e.g. fee title, leasehold, joint tenancy, etc.).

4. That on the 12th day of February, 2024 a work of improvement on the real property herein described was completed.

5. That the name of the original contractor, if any, for said work of improvement was: Sinclair General Engineering Construction, Inc.

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

NAME STREET AND NO. CITY STATE
Sinclair General Engineering Construction, Inc P. O. Box 1453 Oakdale, CA 95361

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

CIP GG 21- 13 Fueling Facility Tank Footings
That the undersigned has knowledge of the contents herein and states under penalty of perjury that the foregoing is true and correct.

CITY OF LATHROP
By:

Stephen J. Salvatore, City Manager Date
By:

Teresa Vargas, City Clerk Date
266

CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the NOTICE OF COMPLETION dated February 12, 2024 by Sinclair General Engineering Construction, Inc. to the City of Lathrop, a political corporation and/ or governmental agency, is hereby accepted by the undersigned officer or agent on behalf ofthe City Council pursuant to authority conferred by minute action ofthe City Council adopted on February 12, 2024, and the grantee consents to recordation thereof by its duly authorized officer.

Dated By
Stephen J. Salvatore, City Manager
267

PAGE LEFT

INTENTIONALLY
BLANK
268
ITEM 4. 17

CITY MANAGER' SREPORT
FEBRUARY 12, 2024 CITY COUNCIL REGULAR MEETING
ITEM: ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY
DIEDE CONSTRUCTION, INC. DBA DIEDE

CONSTRUCTION FOR LATHROP CITY HALL ADA
IMPROVEMENTS COUNCIL CHAMBER, CIP GG 22- 04
RECOMMENDATION: Adopt Resolution to Accept Public Improvements Constructed by Diede Construction, Inc. dba Diede
Construction for the Lathrop City Hall ADA
Improvements Council Chamber, CIP GG 22- 04,
authorize the Filing of a Notice of Completion,
Release of Contract Retention, and Release of
Performance and Payment Bonds
SUMMARY:

Diede Construction Inc. dba Diede Construction ( Diede Construction) has completed the improvements of the Council Chamber dais ( Project). The improvements consisted of removing a non -compliant ADA ramp, construction of two wood steps, fabrication and installation of a metal door and posts, and the relocation of network cables. Staff inspected the improvements and have been deemed complete and in accordance with the approved plans and specifications by the City Engineer.

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

Staff requests City Council accept the completed improvements constructed by Diede Construction and authorize the filing of a Notice of Completion with the San Joaquin County Clerk, release of contract retention to Diede Construction in the amount of 3, 216 within forty-ive (45) days after the recording of the Notice of Completion, and the release of performance and payment bonds.

BACKGROUND:

On May 8, 2023, City Council awarded a construction contract to Diede Construction associated with CIP GG 22- 04 for the construction improvements of the City Council Chamber.

During the construction, Change Order No. 1 was issued for the design and construction of a compartment under the dais to store an ADA ramp which resulted in a deduction of $ 17, 220 from the original contract amount of $ 81,36. Due to lack of space under the dais the contractor was not able to build the compartment per the contract. The final contract amount was $ 64, 316 after the change order was issued. 269
CITY MANAGER' S REPORT PAGE 2
FEBRUARY 12, 2024 CITY COUNCIL REGULAR MEETING

ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY DIEDE CONSTRUCTION

FOR THE LATHROP CITY HALL ADA IMPROVEMENTS COUNCIL CHAMBER, CIP GG 22- 04
Staff has inspected the improvements which have been deemed complete and in accordance with the approved plans and specifications by the City Engineer.

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

Upon acceptance of the improvements, the performance and payment bonds ( No. 9423696) will be released and replaced with a warranty bond ( No. 9423696, $6, 431).

The warranty bond covers any repairs or replacements that become necessary during the one- year period, beginning with this acceptance, due to defective materials or workmanship in connection with the completed improvements. Diede Construction has also provided the necessary lien releases for the materials supplied and completed work.

Staff requests City Council accept the improvements constructed by Diede Construction for Lathrop City Hall ADA Improvements associated with CIP GG 22- 04.

Staff is also requesting City Council to authorize the filing of a Notice of Completion with the San Joaquin County Clerk, release of contract retention to Diede Construction in the amount of $ 3, 216 within forty-ive (45) days after the recording of the Notice of Completion, and the release of performance and payment bonds.

REASON FOR RECOMMENDATION:

The Project was completed by Diede Construction pursuant to the contract documents. Staff has inspected the improvements and they have been deemed complete and in accordance with the approved plans and specifications by the City Engineer.

FISCAL IMPACT:

The approved contract with Diede Construction was for $81,36 during construction, Change Order No. 1for $ 17, 220 was deducted for a final contract amount of $64, 316.

Staff is requesting for remaining funds to be transferred back to the original funding source.
270
CITY MANAGER' S REPORT PAGE 3
FEBRUARY 12, 2024 CITY COUNCIL REGULAR MEETING

ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY DIEDE CONSTRUCTION

FOR THE LATHROP CITY HALL ADA IMPROVEMENTS COUNCIL CHAMBER, CIP GG 22- 04
ATTACHMENTS:

A. Resolution to Accept Public Improvements Constructed by Diede Construction Inc. dba Diede Construction for the Lathrop City Hall ADA Improvements Council Chamber, CIP GG 22- 04, Authorize the Filing of a Notice of Completion, Release of Contract Retention, and Release of Performance and Payment Bonds
B. Notice of Completion - Lathrop City Hall ADA Improvements Council Chamber, CIP GG 22- 04
271
CITY MANAGER' SREPORT PAGE 3
FEBRUARY 12, 2024 CITY COUNCIL REGULAR MEETING

ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY DIEDE CONSTRUCTION

FOR THE LATHROP CITY HALL ADA IMPROVEMENTS COUNCIL CHAMBER, CIP GG 22- 04
APPROVALS:
4-(
Carlos Carrillo Date
Management Analyst II
Ken
etoerq) 0
Reed Date
1 1S-. 2b2` l
Senior Construction Manager
Brad Y ylor
City Engineer
Cari Ja
Finance ui - ctor
Date
11/ 202, 9
Date
Michael King Date
Assistant City Manager
Salvador Navarrete Date
City Attorney
Stephen J. Salvatore
City Manager
02140: z/
I • l° • 2029
Date
L 3 - iQL`
272
RESOLUTION NO. 24 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP ACCEPTING PUBLIC IMPROVEMENTS CONSTRUCTED BY DIEDE CONSTRUCTION, INC.

DBA DIEDE CONSTRUCTION FOR LATHROP CITY HALL ADA IMPROVEMENTS, CIP GG 22- 04, AUTHORIZE THE FILING OF A NOTICE OF COMPLETION,

RELEASE OF CONTRACT RETENTION, AND RELEASE OF PERFORMANCE AND

PAYMENT BONDS
WHEREAS, On May 8, 2023, City Council awarded a construction contract to Diede Construction, Inc. (Diede Construction) associated with Capital Improvement Project ( CIP) GG 22- 04 for the removal of an existing ADA ramp on the East side of the Council Chamber dais, which was not in compliance with ADA standards; and WHEREAS, during the construction, Change Order No. 1 was issued for the design and construction of a compartment under the dais to store an ADA ramp which resulted in a deduction of $17, 220 from the original contract amount of $81,36; and WHEREAS, due to lack of space under the dais the contractor was not able to build the compartment per the contract. The final contract amount was $ 64, 316 after the change order was issued.

WHEREAS, Diede Construction has completed these improvements. Staff has inspected the improvements which have been deemed complete and in accordance with the approved plans and specifications by the City Engineer; and WHEREAS, Diede Construction has provided the necessary lien releases for the materials supplied and completed work; and
WHEREAS, Diede Construction has submitted a one- year warranty bond based on 10% of total project cost) for the improvements being accepted; and WHEREAS, the performance and payment bonds ( No. 9423696) will be released and replaced with a one- year warranty bond ( No. 9423696, $6, 431) upon City Council' s acceptance of the improvements; and
WHEREAS, staff is requesting City Council accept the public improvements constructed by Diede Construction for the Lathrop City Hall ADA Improvements , CIP GG 22- 04; and
WHEREAS, staff also requests City Council authorize the filing of a Notice of Completion with the San Joaquin County Clerk upon acceptance of the improvements and the release of the contract retention to Diede Construction, in the amount of 3, 216, within forty-ive (45) days after the recording of the Notice of Completion and the release of the performance and payment bonds; and WHEREAS, staff is requesting for remaining funds be transferred back to the original funding source account.
273
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby accept the public improvements constructed by Diede Construction for the Lathrop City Hall ADA Improvements Council Chamber, CIP GG 22- 04, for a total contract amount of $64, 316; and
BE IT FURTHER RESOLVED, that any remaining funds be transferred back to the original funding source account.

BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop authorizes the filing of the Notice of Completion with the San Joaquin County Clerk and the release of the contract retention to Diede Construction, in the amount of 3, 216 within forty-ive (45) days after the recording of the Notice of Completion, and authorizes the release of the performance and payment bonds. 274
The foregoing resolution was passed and adopted this 12th day of February 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 275

ATTACHMENT

RECORDING REQUESTED BY, AND
WHEN RECORDED MAIL TO:

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

SPACE ABOVE THIS LINE FOR RECORDER' S USE

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN:

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

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

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

3. That the nature of the title of stated owner, or if more than one owner, then of the stated owner and co -owners is fee title ( e.g. fee title, leasehold, joint tenancy, etc.).

4. That on the 12th day of February, 2024 a work of improvement on the real property herein described was completed.

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

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

NAME STREET AND NO. CITY STATE
Diede Construction Inc. 12393 CA -99 Lodi, CA 95240

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

CIP GG 22- 04 Lathrop City Hall ADA Improvements
That the undersigned has knowledge of the contents herein and states under penalty ofperjury that the foregoing is true and correct.

CITY OF LATHROP
By:

By:

Stephen J. Salvatore, City Manager Date
Teresa Vargas, City Clerk Date
276

CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the NOTICE OF COMPLETION dated February 12, 2024 by Diede Construction Inc. to the City of Lathrop, a political corporation and/ or governmental agency, is hereby accepted by the undersigned officer or agent on behalf of the City Council pursuant to authority conferred by minute action of the City Council adopted on February 12, 2024, and the grantee consents to recordation thereofby its duly authorized officer.

Dated By
Stephen J. Salvatore, City Manager
277

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INTENTIONALLY
BLANK
278
ITEM 4. 18

CITY MANAGER' S REPORT
FEBRUARY 12, 2024 CITY COUNCIL REGULAR MEETING
ITEM: ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY
LUMA ENGINEERING CONTRACTORS, INC. DBA LUMA

ENGINEERING FOR ' FACILITIES ADA
IMPROVEMENTS, CIP GG 23- 14
RECOMMENDATION: Adopt Resolution to Accept Public Improvements Constructed by Luma Engineering Contractors, Inc.
dba Luma Engineering for the Facilities ADA
Improvements, CIP GG 23- 14, authorize the Filing of
a Notice of Completion, Release of Contract
Retention, and Release of Performance and Payment
Bonds
SUMMARY:

Luma Engineering has completed the installation of automatic doors at the Lathrop Senior Center, Community Center, and Generations Center, GG CIP 23- 14 (Project).

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

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

Staff requests City Council accept the improvements constructed by Luma Engineering and authorize the filing of a Notice of Completion with the San Joaquin County Clerk, release of contract retention to Luma Engineering in the amount of 6, 900 within forty-ive (45) days after the recording of the Notice of Completion, and the release of performance and payment bonds.

BACKGROUND:

On September 11, 2023, City Council ratified the City Manager Approval for a construction Contract with Luma Engineering in the amount of $ 138, 000 with a 10% contingency ($ 13, 800) for a total project cost of $ 151, 800for the installation of the doors. The Project improved the Lathrop Senior Center, Community Center, and Generation Center by enhancing accessibility for individuals with disabilities by installing automatic doors and improving security. It also includes energy efficiency and conformance with Americans with Disabilities Act ( ADA) regulations.

Upon acceptance of the improvements, the performance and payment bonds ( No.

SU1198097- 000) will be released and replaced with a warranty bond ( Bond No. SU1198097- 000, $13, 800).
279
CITY MANAGER' S REPORT PAGE 2
FEBRUARY 12, 2024 CITY COUNCIL REGULAR MEETING

ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY LUMA ENGINEERING FOR CITY OF LATHROP FACILITIES ADA IMPROVEMENTS, CIP GG 23- 14 The warranty bond covers any repairs or replacements that become necessary during the one- year period, beginning with this acceptance, due to defective materials or workmanship in connection with the completed improvements. Luma Engineering has also provided the necessary lien releases for the materials supplied and completed work.

Staff requests City Council accept the improvements constructed by Luma Engineering for Lathrop Facilities ADA Improvements associated with CIP GG 23- 14.

Staff is also requesting City Council to authorize the filing of a Notice of Completion with the San Joaquin County Clerk, release of contract retention to Luma Engineering in the amount of $ 6, 900 within forty-ive (45) days after the recording of the Notice of Completion, and the release of performance and payment bonds.

REASON FOR RECOMMENDATION:

The door improvements were completed by Luma Engineering pursuant to the contract documents. Staff has inspected the improvements and they have been deemed complete and in accordance with the approved plans and specifications by the City Engineer.

FISCAL IMPACT:

The contract with Luma Engineering has been approved for $ 138, 000, with a 10% contingency, for a total project of $ 151, 800. Adequate funds have been allocated in the FY 2023-4 budget for the Lathrop Facilities ADA Improvements, CIP GG 23- 17.

Staff is requesting that unused funds be returned to its original funding source.

ATTACHMENTS:

A. Resolution to Accept Public Improvements Constructed by Luma Engineering Contractors, Inc. dba Luma Engineering for City of Lathrop Facilities ADA Improvements , CIP GG 23- 14, Authorize the Filing of a Notice of Completion, Release of Contract Retention, and Release of Performance and Payment Bonds
B. Notice of Completion - Lathrop Facilities ADA Improvements, CIP GG 23- 14 280
CITY MANAGER' SREPORT PAGE 3
FEBRUARY 12, 2024 CITY COUNCIL REGULAR MEETING

ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY LUMA ENGINEERING FOR CITY OF LATHROP FACILITIES ADA IMPROVEMENTS, CIP GG 23- 14 APPROVALS:

Carlos Carrillo Date
Management Analyst II
fig/' 7
i—( 8
Ken Reed Date
Senior Construction Manager
Brad J for
City ngineer
Cari Ja
Finance Li irector
Date
I/8/ 2ov- 4
Date
I-Zy- 2o2. j
Michael King Date
Assistant City Manager
Salvador Navarrete Date
City Attorney
Ste en J. Salvatore Date
City Manager
l-Zy' 2©Leg

7.1. 51- z
281
RESOLUTION NO. 24 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP

ACCEPTING PUBLIC IMPROVEMENTS CONSTRUCTED BY LUMA
ENGINEERING, INC. DBA LUMA ENGINEERING FOR CITY OF LATHROP FACILITIES ADA IMPROVEMENTS, CIP GG 23- 14, AUTHORIZE THE FILING OF

A NOTICE OF COMPLETION, RELEASE OF CONTRACT RETENTION, AND

RELEASE OF PERFORMANCE AND PAYMENT BONDS
WHEREAS, Capital Improvement Project ( CIP) GG 23- 14 City of Lathrop Facilities ADA Improvements consisted of the installation of automatic doors at the Lathrop Senior Center, Community Center, and Generations Center; and WHEREAS, the Project improved the Lathrop Senior Center, Community Center, and Generation Center by enhancing accessibility for individuals with disabilities by installing automatic doors and improving security. It also includes energy efficiency and conformance with Americans with Disabilities Act ( ADA) regulations; and
WHEREAS, on September 11, 2023, City Council ratified the City Manager approval for a construction contract with Luma Engineering Contractors, Inc. (Luma Engineering) for the installation of the doors; and
WHEREAS, the approved contract with Luma Engineering was for $ 138, 000 with a 10% contingency ($ 13, 800) for a project cost of $ 151, 800; and WHEREAS, staff is requesting for remaining funds be transferred back to the original funding source account; and
WHEREAS, Luma Engineering has completed these improvements which have been deemed complete and in accordance with the approved plans and specifications by the City Engineer; and
WHEREAS, Luma Engineering has provided the necessary lien releases for the materials supplied and completed work; and
WHEREAS, Luma Engineering has submitted a one- year warranty bond based on 10% of total project cost) for the improvements being accepted; and WHEREAS, the performance and payment bonds ( No. SU1198097- 000) will be released and replaced with a one- year warranty bond ( No. SU1198097- 000, 13, 800) upon City Council' s
acceptance of the improvements; and
WHEREAS, staff is requesting City Council accept the public improvements constructed by Luma Engineering for the City of Lathrop Facilities ADA Improvements CIP GG 23- 14; and
282
WHEREAS, staff also requests City Council authorize the filing of a Notice of Completion with the San Joaquin County Clerk upon acceptance of the improvements and the release of the contract retention to Luma Engineering, in the amount of 6, 900, within forty-ive (45) days after the recording of the Notice of Completion and the release of the performance and payment bonds.

NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby accept the public improvements constructed by Luma Engineering for the City of Lathrop Facilities ADA Improvements, CIP GG 23- 14, pursuant to the contract documents dated September 6, 2023; and BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop authorizes the filing of the Notice of Completion with the San Joaquin County Clerk and the release of the contract retention to Luma Engineering, in the amount of 6, 900 within forty-ive (45) days after the recording of the Notice of Completion, and authorizes the release of the performance and payment bonds ; and BE IT FURTHER RESOLVED, that any remaining funds be transferred back to the original funding source account.
283
The foregoing resolution was passed and adopted this 12th day of February 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 284

RECORDING REQUESTED BY, AND
WHEN RECORDED MAIL TO:

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

SPACE ABOVE THIS LINE FOR RECORDER' S USE

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN:

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

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

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

3. That the nature of the title of stated owner, or if more than one owner, then of the stated owner and co -owners is fee title ( e.g. fee title, leasehold, joint tenancy, etc.).

4. That on the 12th day of February, 2024 a work of improvement on the real property herein described was completed.

5. That the name ofthe original contractor, if any, for said work of improvement was: Luma Engineering Contractors Inc

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

NAME STREET AND NO. CITY STATE
Luma Engineering Contractors Inc. 370 Myrtle Lane Oakley, CA 94561

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

CIP GG 23- 14 Facilities ADA Improvements
That the undersigned has knowledge ofthe contents herein and states under penalty of perjury that the foregoing is true and correct.

CITY OF LATHROP
By:

By:

Stephen J. Salvatore, City Manager Date
Teresa Vargas, City Clerk Date
285

CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the NOTICE OF COMPLETION dated February 12, 2024 by Luma Engineering Contractors Inc. to the City of Lathrop, a political corporation and/ or governmental agency, is hereby accepted by the undersigned officer or agent on behalf of the City Council pursuant to authority conferred by minute action of the City Council adopted on February 12, 2024, and the grantee consents to recordation thereof by its duly authorized officer.

Dated By
Stephen J. Salvatore, City Manager
286
ITEM 4. 19

CITY MANAGER' SREPORT
FEBRUARY 12, 2024 CITY COUNCIL REGULAR MEETING
ITEM: ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY

COMMERCIAL PUMP & MECHANICAL FOR THE WELL
10 TESTING, ANALYSIS AND MODIFICATIONS, CIP
PW 22- 37
RECOMMENDATION: Adopt Resolution Accepting Public Improvements Constructed by Commercial Pump & Mechanical for
the Well 10 Testing, Analysis and Modifications, CIP
PW 22- 37, Authorizing the Filing of a Notice of
Completion, Release of Contract Retention, and
Release of Performance and Payment Bonds
SUMMARY:

Commercial Pump & Mechanical ( CPM) has completed the construction of improvements associated with CIP PW 22- 37 (Project) for Well 10 Testing, Analysis and Modifications ( Project). Staff inspected the improvements and they have been deemed complete and in accordance with the approved plans and specifications by the City Engineer.

CPM has submitted lien releases confirming all sub -contractors and suppliers have been paid in full and provided a one- year warranty bond for the improvements to be accepted.

Staff requests City Council accept the completed improvements constructed by CPM for the Project. Staff also requests City Council authorize the filing of a Notice of Completion with the San Joaquin County Clerk, the release of contract retention to CPM of $ 14, 611 within forty-ive (45) days after recording the Notice of Completion, and the release of performance and payment bonds.

BACKGROUND:

On February 14, 2022, City Council awarded a construction contract to CPM for the construction contract of the Project for $ 87, 664 and an additional $ 112, 336 authorized for contingencies related to the construction of the Project. During the construction, contract change orders ( CCO) were issued by staff pursuant to the approved contingency or approved by City Council for a total final contract amount of $ 378, 20. The costs referenced below include all construction expenditures associated with the Project:

A. Construction Contract
B. Contract Change Orders
87, 664
290, 616
Total Construction Contract Costs $ 378, 20
287
CITY MANAGER' S REPORT PAGE 2
FEBRUARY 12, 2024 CITY COUNCIL REGULAR MEETING

ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY COMMERCIAL PUMP & MECHANICAL FOR THE WELL 10 TESTING, ANALYSIS AND MODIFICATIONS, CIP PW 22- 37
Upon acceptance of the improvements, the performance bond and payment bond will be released and replaced with a one- year warranty bond ( Bond No. 5958118, 37, 748). The one- year warranty bond covers any repairs or replacements that may become necessary during the one- year period beginning with this acceptance due to any defective materials or workmanship in connection with the completed improvements. CPM has also provided the necessary lien releases for the materials supplied and completed work.

Staff requests City Council accept the improvements constructed by CPM for the Well 10 Testing, Analysis and Modifications, CIP PW 22- 37. Staff also requests City Council authorize the filing of a Notice of Completion with the San Joaquin County Clerk, the release of contract retention to CPM for $ 14, 611 within forty-ive (45) days after the recording of the Notice of Completion, and the release of performance and payment bonds.

REASON FOR RECOMMENDATION:

CPM has completed the Project pursuant to the construction contract documents dated November 14, 2022 and subsequent CCOs. Staff inspected the improvements and they have been deemed complete and in accordance with the approved plans and specifications by the City Engineer.

CPM has submitted a one- year warranty bond for the improvements to be accepted and lien releases confirming all sub -contractors and suppliers have been paid in full.

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

The performance bond and payment bond will be released and replaced with the oneyear warranty bond upon City Council' s acceptance of the improvements.

FISCAL IMPACT:

The final construction cost amount with CPM for the Project is $ 378, 20.

Adequate funds have been allocated in the FY 2023-4 budget to close out for the Well 10 Testing, Analysis and Modifications, CIP PW 22- 37. With the completion of the Project, staff requests that unused funds be transferred back to the original funding sources.

Staff requests that unused funds be transferred back into the Water Replacement CIP Fund ( 5600).
288
CITY MANAGER' S REPORT PAGE 3
FEBRUARY 12, 2024 CITY COUNCIL REGULAR MEETING

ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY COMMERCIAL PUMP & MECHANICAL FOR THE WELL 10 TESTING, ANALYSIS AND MODIFICATIONS, CIP PW 22- 37
ATTACHMENTS:

A. Resolution to Accept Public Improvements Constructed by Commercial Pump Mechanical for the Well 10 Testing, Analysis and Modifications, CIP PW 22- 37, Authorizing the Filing of a Notice of Completion, Release of Contract Retention, and Release of Performance and Payment Bonds B. Notice of Completion - Well 10 Testing, Analysis and Modifications, CIP PW 22- 37
C. Vicinity Map
289
CITY MANAGER' SREPORT PAGE 4
FEBRUARY 12, 2024 CITY COUNCIL REGULAR MEETING

ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY COMMERCIAL PUMP & MECHANICAL FOR THE WELL 10 TESTING, ANALYSIS AND MODIFICATIONS, CIP PW 22- 37
APPROVALS:

Greg
Senior
c
Civil
son
A4.--
Date
of/ 1.- s/ gol_ v
Engineer
Brad Taylor
City Engineer
L
7--- Z. cl;
Date
1/ 2-5/021- 4
Cari James Date
Finance Director
Michael King
Assistant City anager
Date

1. 2Co•1..' 1
ZY( 2.. 02 V
Salvador Navarrete Date
City Attorney
Steen J. Salvatore Date
City Manager

2./ 4174
290
RESOLUTION NO. 24-

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

PUBLIC IMPROVEMENTS CONSTRUCTED BY COMMERCIAL PUMP &
MECHANICAL FOR THE WELL 10 TESTING, ANALYSIS AND MODIFICATIONS, CIP PW 22- 37, AUTHORIZING THE FILING OF A NOTICE OF COMPLETION,

RELEASE OF CONTRACT RETENTION, AND RELEASE OF PERFORMANCE AND

PAYMENT BONDS
WHEREAS, Well 10 Testing, Analysis and Modifications ( Project), CIP PW 22- 37 was created to address sanding and other maintenance items for the City' s Well 10, one of four active wells comprising the City' s groundwater supply; and WHEREAS, on February 14, 2022, City Council awarded a construction contract in the amount of $ 87, 664 to Commercial Pump & Mechanical ( CPM) for the construction of the Project; and
WHEREAS, the scope of work included recommended maintenance and repairs, in addition to testing and analysis to evaluate whether additional modifications are needed to improve the performance and efficiency of Well 10.; and WHEREAS, during construction, contract change orders were issued to CPM in the amount of $ 290, 616 for a final contract amount of $ 378, 20; and WHEREAS, staff inspected the improvements and the City Engineer deemed the improvements complete and in accordance with the approved plans and specifications; and
WHEREAS, CPM has provided the necessary lien releases for the materials supplied and completed work and a one- year warranty bond ( based on 10% of total project cost) for the improvements being accepted; and
WHEREAS, the performance bond ( Bond No. 5958118, $87, 664) and payment bond ( Bond No. 5958118, $ 43, 832) will be released and replaced with a one- year warranty bond ( Bond No. 5958118, $ 37, 748) upon City Council' s acceptance of the
improvements; and
WHEREAS, the one- year warranty bond covers any repairs or replacements that may become necessary during the one- year period beginning with this acceptance, due to defective materials or workmanship in connection with the completed improvements; and
WHEREAS, adequate funds have been allocated in the FY 2023-4 approved budget to close out the Project. With the completion of the Project, staff requests that unused funds be transferred back to the source CIP Fund ( 5600); and 291
WHEREAS, staff request City Council accept the completed public improvements constructed by CPM for the Well 10 Testing, Analysis and Modifications, CIP PW 22- 37; and
WHEREAS, staff also requests City Council authorize the filing of a Notice of Completion with the San Joaquin County Clerk, the release of contract retention to CPM in the amount of $ 14, 611 within forty-ive (45) days after the recording of the Notice of Completion, and the release of performance and payment bonds.

NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby accept the completed public improvements constructed by CPM for Fueling Facility Tank Footings, CIP PW 22- 37, pursuant to the contract documents dated February 14, 2022; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop authorizes the filing of the Notice of Completion with the San Joaquin County Clerk and the release of the contract retention to CPM, in the amount of $ 14, 611, within forty-ive (45) days after the recording of the Notice of Completion, and authorizes the release of the performance and payment bonds; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop approves the unused funds be transferred back into the Water Replacement CIP Fund 5600).
292
The foregoing resolution was passed and adopted this 12th day of February, 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 293

RECORDING REQUESTED BY, AND
WHEN RECORDED MAIL TO:

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

ATTACHMENT
tr3

SPACE ABOVE THIS LINE FOR RECORDER' S USE

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN:

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

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

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

3. That the nature of the title of stated owner, or if more than one owner, then of the stated owner and co - owners is fee ( e.g. fee, leasehold, joint tenancy, etc.).

4. That on the 12th day of February, 2024 a work of improvement on the real property herein described was completed.

5. That the name of the original contractor, if any, for said work of improvement was: Commercial Pump & Mechanical

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

NAME STREET AND NO. CITY
Commercial Pump & Mechanical 11254 Midway Chico,

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

CIP PW 22- 37 Well 10 Testing, Analysis and Modifications, Lathrop, CA 95330 That the undersigned has knowledge of the contents herein and states under penalty ofperjury that the foregoing is true and correct.

STATE AND ZIP CODE
CA 95928
County of San Joaquin,

CITY OF LATHROP
By:

By:

Stephen J. Salvatore, City Manager Date
Teresa Vargas, City Clerk Date
294

CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the NOTICE OF COMPLETION dated February 12, 2024 by Commercial Pump & Mechanical to the City ofLathrop, a political corporation and/ or governmental agency, is hereby accepted by the undersigned officer or agent on behalf of the City Council pursuant to authority conferred by minute action of the City Council adopted on February 12, 2024, and the grantee consents to recordation thereof by its duly authorized officer.

Dated By
Stephen J. Salvatore, City Manager
295
1Li10itlfr. LII(
6'I
296
ITEM 4. 20

CITY MANAGER' S REPORT
FEBRUARY 12, 2024 CITY COUNCIL REGULAR MEETING
ITEM: AWARD CONSTRUCTION CONTRACT TO AMERINE
SYSTEMS, INC. FOR THE POLICE EVIDENCE

BUILDING LANDSCAPE ASSOCIATED WITH
CORPORATION YARD IMPROVEMENTS, CIP GG 21- 13
RECOMMENDATION: Adopt Resolution Awarding a Construction Contract to Amerine Systems, Inc. for the Police Evidence
Building Landscape associated with Corporation
Yard Improvements, CIP GG 21- 13
SUMMARY:

On April 12, 2021, City Council approved the creation of Corporation Yard Improvements, Capital Improvement Project ( CIP) GG 21- 13 to add new buildings and services to the property, including a Property & Evidence Building for the Police Department ( Police Evidence Building). Construction of the Police Evidence Building commenced in July of 2023. As the construction of this building nears completion, site landscape construction is needed.

The plans and specifications for the construction of the Police Evidence Building Landscape ( Project) were advertised on December 19, 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 ten ( 10) bids on January 18, 2024. Based on the review and evaluation of the bids, the responsible bidder with the lowest responsive bid for the Project was determined to be Amerine Systems, Inc. (Amerine) with a base bid of $205, 000 and bid alternate 1 of $45, 000, for a total bid of $ 250, 00.

Staff requests City Council award a construction contract to Amerine for the construction of the Project in the amount of $250, 00. Staff also requests City Council authorize a 20% construction contingency of $ 50, 000 for a total cost not to exceed 300, 00.

Sufficient funds were allocated in the approved Fiscal Year ( FY) 2023-4 budget to award the contact.

BACKGROUND:

On April 12, 2021, City Council approved the creation of Corporation Yard Improvements, Capital Improvement Project ( CIP) GG 21- 13 to add new buildings and services to the property, including a Property & Evidence Building for the Police Department ( Police Evidence Building).
297
CITY MANAGER' S REPORT PAGE 2
FEBRUARY 12, 2024 CITY COUNCIL REGULAR MEETING
AWARD CONSTRUCTION CONTRACT TO AMERINE SYSTEMS, INC. FOR THE

POLICE EVIDENCE BUILDING LANDSCAPE ASSOCIATED WITH
CORPORATION YARD IMPROVEMENTS, CIP GG 21- 13
On June 12, 2023, City Council awarded a contract for the construction of the Police Evidence Building. Construction began in late July, and by December of 2023, sufficient progress on the building' sconstruction allowed for the start of landscape construction.

O' Dell Engineering prepared the plans and technical specifications for the Project, which includes drought -tolerant landscape comprised of accent trees, shrubs, irrigation, artificial turf, concrete walkways, grouted cobbles and decomposed granite surfacing. To match the existing landscape theme on City arterial streets, five palm trees
frontage.
will also be planted on the south side of Louise Avenue in the property' s Staff released the plans and specifications for bid solicitation on December 19, 2023 in accordance with CA PCC 20160 and LMC 2. 36. 060. Ten ( 10) bids were received and opened by the City Clerk on January 18, 2024, all determined to be responsive and from responsible bidders. The bid results are summarized in Table 1 below:

Table 1: Summary of Bid Results- Police Evidence Building Landscape Contractor Base Bid Bid Alt 1 Total Bid
Amerine Systems 205, 000. 45, 000. 250, 00.

Odyssey Environmental Services 258, 137. 5 92, 057. 8 350, 195. 44 Takehara Landscape, Inc. 274, 372. 40 94, 863. 05 369, 235. 4 Marina Landscape, Inc. 298, 173. 35 86, 786.5 384, 960. 1 California Turf & Landscaping, Inc. 321, 094.8 78, 112. 95 399, 207. 03 Elite Landscape Construction, Inc. 342,0. 0 90, 770. 0 433, 090.

Westside Landscape & Concrete, Inc. 348, 723. 32 110,5. 24 458, 828. 56 Early Birds Landscaping 364, 119. 00 104, 254. 58 468, 373. 58 Landscape Pros ML, Inc. 358, 712. 00 154, 991. 50 513, 703. 50 Joe' s Landscaping & Concrete, Inc. 441, 051. 96 133, 682. 15 574, 734. 11 Staff reviewed and evaluated the bids, and determined that the lowest responsible bidder is Amerine, with a base bid of $ 205, 000 and bid alternate 1 of $ 45, 000, for a total bid of $ 250, 00. Staff requests City Council adopt a resolution awarding a construction contract to Amerine for $ 250, 00 for the construction of the Project.

Staff also requests City Council authorize a 20% construction contingency of $50, 000, and authorize staff to spend the contingency as necessary to achieve the goals of the Project for a total cost not to exceed $ 300, 00.

REASON FOR RECOMMENDATION:

The proposed improvements will provide an aesthetically pleasing and drought - tolerant landscape for the new Police Property & Evidence Building and the existing Corporation Yard site.
298
CITY MANAGER' SREPORT PAGE 3
FEBRUARY 12, 2024 CITY COUNCIL REGULAR MEETING
AWARD CONSTRUCTION CONTRACT TO AMERINE SYSTEMS, INC. FOR THE

POLICE EVIDENCE BUILDING LANDSCAPE ASSOCIATED WITH
CORPORATION YARD IMPROVEMENTS, CIP GG 21- 13
FISCAL IMPACT:

The proposed construction contract with Amerine is for $ 250, 00. A 20% construction contingency is requested in the amount of $ 50, 000 for a total cost not to exceed 300, 00.

Sufficient funds were allocated in the approved Fiscal Year ( FY) 2023/4budget for CIP GG 21- 13 to award the contract; therefore, no budget amendment is needed.

ATTACHMENTS:

A. Resolution Awarding a Construction Contract to Amerine Systems, Inc. for the Police Evidence Building Landscape associated with Corporation Yard Improvements, CIP GG 21- 13
B. Construction Contract with Amerine Systems, Inc. for the Police Evidence Building Landscape associated with Corporation Yard Improvements, CIP GG 21- 13.
299
CITY MANAGER' SREPORT PAGE 4
FEBRUARY 12, 2024 CITY COUNCIL REGULAR MEETING
AWARD CONSTRUCTION CONTRACT TO AMERINE SYSTEMS, INC. FOR THE

POLICE EVIDENCE BUILDING LANDSCAPE ASSOCIATED WITH
CORPORATION YARD IMPROVEMENTS, CIP GG 21- 13
APPROVALS:
txm "?--/
Steven Hollenbeak Date
Assistant Engineer
1 - 1( A -090 9
Ken Reed Date
Senior Construction Manager
Brad lady l o r
City Engineer
Cari Jam
Director ofFinance
Michael King
Assistant City Manager
Date
22-/ Tozi- I
Date
1- 23- 202. 1
Date
z . z0Lq
Salvador Navarrete Date
City Attorney
Stephen J. Salvatore Date
City Manager
300
RESOLUTION NO. 24-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP AWARDING A CONSTRUCTION CONTRACT TO AMERINE SYSTEMS, INC. THE FOR POLICE

EVIDENCE BUILDING LANDSCAPE ASSOCIATED WITH CORPORATION YARD IMPROVEMENTS, CIP GG 21- 13
WHEREAS, on April 12, 2021, City Council approved the creation of Corporation Yard Improvements, Capital Improvement Project ( CIP) GG 21- 13 to add new buildings and services to the property, including a Police Evidence Building; and WHEREAS, on December 19, 2023, 2023, the City solicited bids for the construction of landscape improvements ( Project) for the Police Evidence Building nearing completion; and
WHEREAS, a total of ten ( 10) bids were received and opened by the City Clerk on January 18, 2024; and
WHEREAS, upon review and evaluation of the bids, the responsible bidder with the lowest responsive bid for the Project was determined to be Amerine Systems, Inc. (Amerine) with a base bid of $205, 000 and Bid Alternate 1 of $45, 000 for a total contract award of $250, 00; and
WHEREAS, staff requests City Council award a construction contract to Amerine in the amount of $ 250, 00 for the construction of the Project; and WHEREAS, staff also requests Council authorize a 20% construction contingency in the amount of $ 50, 000 and authorize staff to spend the contingency as necessary to achieve the goals of the Project for a total cost not to exceed 300, 00; and
WHEREAS, sufficient funds were allocated in the approved Fiscal Year ( FY) 2023/4budget for the construction of the Project.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby awards a construction contract to Amerine Systems, Inc. for the construction of the Police Evidence Building Landscape associated with Corporation Yard Improvements, CIP GG 21- 13 with a base bid of $ 205, 000 and Bid Alternate 1 of $45, 000 for a total contract award of $ 250, 00; and BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby approve a 20% construction contingency of $ 50, 000 for a total cost not to exceed $ 300, 00for the construction of the Project and authorizes staff to spend up to this amount as necessary to accomplish the goals of the Project. 301
The foregoing resolution was passed and adopted this 12th day of February, 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 302
SECTION 00500

ATTACHMENT
8 ,.

POLICE EVIDENCE BUILDING LANDSCAPE CONTRACT
CIP GG 21- 13

CONSTRUCTION CONTRACT
This Contract, dated February 12, 2024, is entered into by and between the City of Lathrop, a municipal corporation of the State of California ( City), and Amerine Systems, Inc., Contractor), whose Taxpayer Identification 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 Police Evidence Building Landscape, 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 to construction and installation of hardscape, irrigation, plant material and other amenities; and any task necessary to accomplish the aforementioned tasks.

The work shall be completed within 60 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 + Bid Alt 1 Total: $250, 00 (Two Hundred Fifty Thousand Dollars)

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 Amerine Systems, Inc. on January 18, 2024. For the purposes of construing, interpreting and resolving inconsistencies between the provisions of this Contract, these documents and the provisions thereof are set forth in the order of precedence described in Article 3 of the General Conditions.
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4. Compensation. In consideration of Contractor' sperformance of its obligations hereunder, City shall pay to Contractor the amount set forth in Contractor' sBid 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 of insurance shall be mailed to the Project Manager to the address set forth in Section 15 of this 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, orjudgments, 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' snoncompliance with any Law respecting the condition, use, occupation or safety of the Project site, or any part thereof, or which arises from Contractor' sfailure to do anything required under this Contract or for doing anything which Contractor is required not to do under this Contract, or which arises from conduct for which any Law imposes strict liability on Contractor in the performance of or failure to perform the terms and conditions of this Contract, except as may arise from the sole willful or negligent act or omission of City or any of its City Council members, officers, employees. This indemnification shall extend to any and all claims, demands, or liens made or filed by reason of any construction, renovation, or remodeling work performed by Contractor under this Contract at any time during the term of this Contract, or arising thereafter.

7. Assumption of Risk. Contractor agrees to voluntarily assume any and all risk of loss, damage, or injury to the property of Contractor 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 or omission of City or any of its City Council members, officers, or employees.

8. Waiver. The acceptance of any payment or performance, or any part thereof, shall not operate as a waiver by City of its rights under this Contract. A waiver by City of any breach of any part or provision of this Contract by Contractor shall not operate as a waiver or 304
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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 of the 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. 5is 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 Work is the Contractor' sdefault 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 Subcontractor is a DIR Registered contractor.
c) Contractor Obligation to Verify Subcontractor DIR Registration Status. An affirmative and on -going obligation of the Contractor under the Contract Documents is the Contractor' sverification that all Subcontractors, of all tiers, are at all times during performance of Work in full 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' sverification that all such Subcontractors are in full and strict compliance with DIR Registration requirements.
d) Contractor Obligation to Request Substitution of Non- DIR Registered Subcontractor. If any Subcontractor identified in the Contractor' sSubcontractor List submitted with the Contractor' s
proposal for the Work is not DIR Registered at the time of opening of proposals for the Work or if a Subcontractor' sDIR registration lapses prior to or during a Subcontractor' s
performance of Work, the Contractor shall request the CITY' s consent to 305
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substitute the non- DIR registered Subcontractor pursuant to Labor Code Section 1771.(c)( 3) and/ or Labor Code Section 1771.(d).

Certified Payroll Records
a) Compliance with Labor Code Section 1771. 4and 1776. A material obligation of the Contractor under the Contract Documents is: (i) the Contractor' sstrict 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' senforcement of CPR preparation and submittal for all Subcontractors of every tier. b) Express Condition Precedent to Payment 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 of the Contract Price; or ( ii) to disburse any portion of the 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 Labor Commissioner. The CITY: (i) shall not be obligated to process or disburse any portion of the Contract Price; or ( ii) shall not be deemed in default of the CITY' sobligations under the Contract Documents unless the Contractor' sdemonstrates strict compliance with CPR preparation and submittal requirements.
c) PWR Monitoring and Enforcement. During the Work pursuant to Labor Code Section 1771. 4(a)(), 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 worked 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 records 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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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' spayroll 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. If the 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 of the 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 records 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. f) In the event of noncompliance with the requirements of this Article, Contractor shall have ten ( 10) 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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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 - 5. L4.

11. 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, Contractor 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 payment is made hereunder;
4) Any manufacturer' swarranty obtained by Contractor shall be obtained or shall be deemed obtained by Contractor 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' sBid, except as may be permitted by the Notice to Contractors;
7)
8)
9)
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 Contractor;
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;
There are no unresolved claims or disputes between Contractor and City which would materially affect Contractor' s
ability to perform under the Contract;
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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 of this 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 of the physical conditions of the Project site.

12. Assignment. 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, or 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' sProject -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, or (4) in the case of a 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:

Copy to:

City of Lathrop
City Clerk
390 Towne Centre Drive
Lathrop, CA 95330
City of Lathrop
Department of Public Works
390 Towne Centre Drive
Lathrop, CA 95330
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PHONE: (209) 941- 7363
FAX: (209) 941- 7449
ATTN: Senior Construction Manager
To Contractor: Amerine Systems, Inc.

Mailing Address: 10866 Cleveland Ave Oakdale, CA 95361
Phone: 209. 847. 5968
Email: gda@amerinesystems. com
ATTN: Garrett Amerine

16. Miscellaneous.
1) Bailee Disclaimer. The parties understand and agree that City does not purport to be Contractor' sbailee, 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 or 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 of this Contract and shall have no effect upon the construction or interpretation of any part of this Contract. 7) Incorporation of Documents. All 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)
9)
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.

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. 310
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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 acopy 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 contractor 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 for 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' sfees, 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 11738, and Environmental Protection Agency Regulations at 40 CFR Part 15. 311
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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 Contractor 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 ands 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' sSubmitted 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' sapproval with resolution.
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IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above stated in Lathrop, California.

CONTRACTOR:

By:

Name: Gary Amerine
Title: President

CITY OF LATHROP
APPROVED AS TO FORM:

By:

Salvador Navarrete, City Attorney
RECOMMENDED FOR APPROVAL:

By:

Michael King, Assistant City Manager
APPROVED:

By:

Stephen J. Salvatore, City Manager
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BID PROPOSAL FORMS
POLICE EVIDENCE BUILDING LANDSCAPE, CIP GG 21- 13

BASE BID SCHEDULE

DESCRIPTION UNITS QUANTIT
Y
UNIT Price EXTENDED TOTAL
Mobilization / Bonds / Insurance LS 1
25, 000. 25, 000.

Traffic Control LS 1 500. 00 500. 00
Erosion and Sediment Control Plan (ESCP) LS 1 456. 20 456. 20 Hardscape Grading ( Fine) SF 5, 994 0. 60 3, 596. 40
6" Concrete Flatwork SF 150 4. 00 600. 00
Cobble w/ Pea Gravel Concrete SF 1, 525 4. 60 7, 015.0
4" Stabilized Decomposed Granite SF 1, 910 2. 10 4, 011.0 Artificial Turf SF 2, 409 7. 05 16, 983. 45
Metal Table w/ 4 Seats EA 1
1, 500. 0 1, 500. 0
Landscape Grading (Fine) SF 5, 727 0. 50 2, 863. 50
Soil Amendments SF 5, 727 0. 70 4, 008. 90
15 Gallon Trees EA 14 42. 85 599. 90
20' BTH Palm Trees EA 5
7, 500. 0 37, 500. 0
5 Gallon Shrubs EA 129 27. 15 3, 502. 35
1 Gallon Shrubs EA 110 21. 82 2, 400. 2
24" Deep Root Barriers LF 190 7. 90 1, 501. 00
3" Decorative DG Mulch SF 5, 727 0. 70 4, 008. 90
2 -Wire Irrigation Controller Package LS 1
20, 000. 20, 000.

Irrigation System LS 1 42, 200. 0 42, 200. 0
Case " A" Conduit Sleeving LF 200 25. 00 5, 000.

Case " C" Conduit Sleeving LF 190 21. 05 3, 999. 50
Landscape Maintenance ( 60 Days) SF 5, 727 3. 10 17, 753.0 TOTAL BID : $ 205, 000.0
TOTAL BID IN WORDS : Two Hundred Five Thousand Dollars
00300- 2
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BID PROPOSAL FORMS
BID ALTERNATE 1 SCHEDULE
BID
ITEM

DESCRIPTION UNITS QUANTIT
Y

UNIT PRICE

EXTENDED
TOTAL
1 Hardscape Grading (Fine) SF 4, 535 0. 58 2, 630. 3
2 6" Concrete Flatwork SF 150 4. 00 600. 00
3 Cobble w/ Porous Mortar SF 1,54 4. 59 5, 296. 8
4 4" Stabilized Decomposed Granite SF 3, 025 2. 09 6, 322. 25 5 Artificial Turf SF 206 7. 06 1, 454. 36
6 Metal Table w/ 4 Seats EA 1 1, 500. 0 1, 500. 0
7 Landscape Grading ( Fine) SF 709 0. 52 368. 68
8 Soil Amendments SF 709 0. 70 496. 30
9 15 Gallon Trees EA 4 43. 86 175. 44
10 1 Gallon Shrubs EA 18 21. 82 392. 76
11 24" Deep Root Barriers LF 20 7. 89 157. 80
12 3" Decorative Mulch SF 709 0. 70 496. 30
13 Irrigation System LS 1 22, 391. 89 22, 391. 89
14 Case " C" Conduit Sleeving LF 25 21. 05 526. 25
15 Landscape Maintenance ( 60 Days) SF 709 3. 09 2, 190. 81 TOTAL BID ALT 1 • $ 45, 000.0
TOTAL BID ALT 1 IN WORDS : Forty Five Thousand Dollars
00300- 3
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ITEM 4. 21

CITY MANAGER' SREPORT
FEBRUARY 12, 2024 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE A DESIGN AND CONSTRUCTION FUNDING

AGREEMENT WITH RIVER ISLANDS DEVELOPMENT,
LLC FOR PHASE 3 EXPANSION OF THE LATHROP
CONSOLIDATED TREATMENT FACILITY, CIP WW 22-
38 AND APPROVE BUDGET AMENDMENT
RECOMMENDATION: Adopt a Resolution to Approve a Design and Construction Funding Agreement with River Islands
Development, LLC for the Phase 3 Expansion Lathrop
Consolidated Treatment Facility, CIP WW 22- 38 and
Approve Budget Amendment
SUMMARY:

The Lathrop Consolidated Treatment Facility Phase 3 Expansion, CIP WW 22- 38 Phase 3 Expansion) will provide an additional 2. 5 Million Gallons per Day ( MGD) of sewer treatment capacity to the existing 2. 5 MGD capacity for a total treatment capacity of 5 MGD. This expansion is necessary to accommodate future development within the River Islands Development area and throughout the City.

River Islands Development, LLC ( River Islands) has agreed to fund 80% or 22, 000,00of the Phase 3 Expansion and enter into a Design and Construction Funding Agreement ( Agreement) to document the conditions and expectations of the project. As part of this Agreement, the City will allocate 2 MGD of treatment capacity to River Islands upon completion of the expansion project.

The City will reserve the remaining 500, 00 Gallons per Day ( GPD) for future development outside of the River Islands development, which will be sold and assigned to various projects during the entitlement and building permit phases. The proceeds from the sale of City treatment capacity will reimburse the City' s contribution of approximately $ 5,00, 000 to the Phase 3 Expansion. The City has funded the design and headworks replacement for the Phase 3 Expansion totaling 3, 250, 000 and therefore has a remaining share of $2,50, 000.

Staff is requesting City Council approve the Agreement with River Islands for the Phase 3 Expansion of the Lathrop Consolidated Treatment Facility ( Attachment B).

Staff is also requesting City Council approve a budget amendment to transfer the City' s remaining share of $ 2,50, 000 from the Sewer Connection Fee Fund to the CIP WW 22- 38 Fund.
317
CITY MANAGER' S REPORT PAGE 2
FEBRUARY 12, 2024 CITY COUNCIL REGULAR MEETING

APPROVE A DESIGN AND CONSTRUCTION FUNDING AGREEMENT WITH RIVER ISLANDS FOR THE PHASE 3 EXPANSION OF THE CTF, CIP WW 22- 38

AND APPROVE BUDGET AMENDMENT
BACKGROUND:

On November 21, 2016, City Council approved the agreements related to Lathrop Consolidated Treatment Facility Phase 2 Expansion ( WW 14- 14), the Crossroads Decommissioning ( WW 15- 20), and the Sewer Plant Upgrades ( WW 12- 07) to replace the City' s existing 1 MGD treatment plan with a 2. 5 MGD treatment plant, with associated developer funding agreements ( Phase 2 Expansion). On May 13, 2019, City Council accepted the Phase 2 Expansion improvements.

Since the completion of the Phase 2 Expansion in 2019, the City has experienced tremendous growth. The City' s population in 2019 was 24, 968, which increased to 35, 080 in 2023, adding 10,12 new residents. In addition, millions of square feet of warehouse and thousands of square feet of commercial have been constructed and occupied between 2019 and 2023. The Phase 2 Expansion sewer capacity is being utilized by recent residential, industrial and commercial developments and more sewer capacity will be required to support future growth.

On November 8, 2021, City Council approved the creation of CIP WW 22- 38 Lathrop Consolidated Treatment Facility Phase 3 Expansion and a Professional Services Agreement with Pacific Advanced Civil Engineering, Inc. ( PACE). The Phase 3 Expansion will provide an additional 2. 5 Million Gallons per Day ( MGD) of sewer treatment capacity to the existing 2. 5 MGD capacity for a total treatment capacity of 5 MGD. On April 10, 2023, City Council approved purchasing headworks equipment from Zima Corporation, facilitating the Phase 3 Expansion.

River Islands Development, LLC ( River Islands) has agreed to fund 80% or 22, 000,00of the Phase 3 Expansion and enter into an Agreement to memorialize the conditions and expectations of the project. As part of this Agreement, the City will allocate 2 MGD of treatment capacity to River Islands, upon completion of the expansion project.

The City will reserve the remaining 500, 00 Gallons per Day ( GPD) for future development outside of the River Islands project, which will be sold and assigned to various projects during the entitlement and building permit phases. The proceeds from the sale of City treatment capacity will reimburse the City' s contribution of approximately $ 5.M to the Phase 3 Expansion. The City has already funded the design and headworks replacement for the Phase 3 Expansion totaling $ 3, 250, 000 and therefore has a remaining share of $ 2,50, 000.

REASON FOR RECOMMENDATION:

Staff is requesting City Council approve the Agreement with River Islands Development, LLC for the Phase 3 Expansion of the Consolidated Treatment Facility. 318
CITY MANAGER' SREPORT PAGE 3
FEBRUARY 12, 2024 CITY COUNCIL REGULAR MEETING

APPROVE A DESIGN AND CONSTRUCTION FUNDING AGREEMENT WITH RIVER ISLANDS FOR THE PHASE 3 EXPANSION OF THE CTF, CIP WW 22- 38

AND APPROVE BUDGET AMENDMENT
Staff is also requesting City Council approve a budget amendment to transfer the City' s remaining share of $ 2,50, 000from the Sewer Connection Fee Fund to the CIP WW 22- 38 Fund. The Phase 3 Expansion is needed to accommodate growth in River Islands and throughout the City.

FISCAL IMPACT:

The City has funded $ 3, 250, 000 for Phase 3 Expansion design and replacement of the head works from the Sewer Connection Fee Fund. Pursuant to the Agreement, the City will need to transfer the remaining share of $ 2,50, 000 from the Sewer Connection Fee Fund to CIP WW 22- 38. Staff is requesting the approval of a budget amendment to transfer the funds as follows:

Increase Transfer Out
6030- 9900-90- 9010 $ 2,50, 000
Increase Transfer In
6090- 900- 393- 0000 WW 22- 38 $ 2,50, 000
Increase Appropriation
6090- 8000- 420- 10 WW 22- 38 $ 2,50, 000
ATTACHMENTS:

A. Resolution to Approve a Design and Construction Funding Agreement with River Islands Development, LLC for the Phase 3 Expansion of the Consolidated Treatment Facility, CIP WW 22- 38
B. Design and Construction Funding Agreement By and Between the City of Lathrop and River Islands Development, LLC Related to the Phase 3 Expansion of the Lathrop Consolidated Treatment Facility
319
Brad aylor
City Engineer
CITY MANAGER' SREPORT PAGE 4
FEBRUARY 12, 2024 CITY COUNCIL REGULAR MEETING

APPROVE A DESIGN AND CONSTRUCTION FUNDING AGREEMENT WITH RIVER ISLANDS FOR THE PHASE 3 EXPANSION OF THE CTF, CIP WW 22- 38

AND APPROVE BUDGET AMENDMENT
APPROVALS:
2/ 1 /1o2.'
Date
7- l
1 o z `I
Cari James Date
Finance Director
Z. - 1 - 202' 1
Michael King Date
Assistant City Manage
Salvador Navarrete
City Attorney
Step n J. Salvatore
City Manager
Date
Date
z.h./ 11/
320
RESOLUTION NO. 24 -

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

APPROVE A DESIGN AND CONSTRUCTION FUNDING AGREEMENT WITH RIVER ISLANDS DEVELOPMENT, LLC FOR THE PHASE 3 EXPANSION OF THE LATHROP CONSOLIDATED TREATMENT FACILITY, CIP WW 22- 38 AND

APPROVE BUDGET AMENDMENT
WHEREAS, on November 21, 2016, City Council approved the agreements related to Lathrop Consolidated Treatment Facility Phase 2 Expansion ( WW 14- 14), the Crossroads Decommissioning ( WW 15- 20), and the Sewer Plant Upgrades ( WW 12- 07) to replace the City' s existing 1 MGD treatment plan with a 2. 5 MGD treatment plant, with associated developer funding agreements ( Phase 2 Expansion). City Council accepted the Phase 2 Expansion improvements on May 13, 2019; and WHEREAS, since the completion of the Phase 2 Expansion in 2019, the City has experienced tremendous growth. The City' s population in 2019 was 24, 968, which increased to 35, 080 in 2023, adding 10,12 new residents to the City. In addition, millions of square feet of warehouse and thousands of square feet of commercial have been constructed and occupied between 2019 and 2023.

WHEREAS, the recent residential, industrial and commercial developments are currently using the Phase 2 Expansion sewer capacity and more capacity will be needed to facilitate future growth; and
WHEREAS, on November 8, 2021, City Council approved the creation of CIP WW 22- 38 Lathrop Consolidated Treatment Facility Phase 3 Expansion ( Phase 3 Expansion), and a Professional Services Agreement with Pacific Advanced Civil Engineering, Inc. (PACE); and
WHEREAS, the Phase 3 Expansion will provide an additional 2. 5 Million Gallons per Day ( MGD) of sewer treatment capacity to the existing 2. 5 MGD capacity for a total treatment capacity of 5 MGD; and
WHEREAS, on April 10, 2023, City Council approved the purchase of headworks equipment from Zima Corporation, which will facilitate the Phase 3 Expansion; and
WHEREAS, River Islands Development, LLC ( River Islands) has agreed to fund 80% of the Phase 3 Expansion cost in exchange for 2 MGD of treatment capacity; and
WHEREAS, the City will reserve the remaining 500, 00 Gallons per Day ( GPD) for future development outside of the River Islands project, which will be sold and assigned to various projects during the entitlement and building permit phases. The proceeds from the sale of City treatment capacity will reimburse the City' s contribution of approximately $ 5,00, 000 to the Phase 3 Expansion; and 321
WHEREAS, staff is requesting City Council approve the Design and Construction Funding Agreement Related to the Phase 3 Expansion of the Lathrop Consolidated Treatment Facility with River Islands Development, LLC ( Attachment B to the City Manager' sReport); and
WHEREAS, the City has funded $ 3, 250, 000for Phase 3 Expansion design and replacement of the head works from the Sewer Connection Fee Fund. Pursuant to the Agreement, the City will need to transfer the remaining share of $ 2,50, 000from the Sewer Connection Fee Fund to CIP WW 22- 38. Staff is requesting the approval of a budget amendment to transfer the funds as follows:

Increase Transfer Out
6030- 9900-90- 9010 $ 2,50, 000
Increase Transfer In
6090- 900- 393- 0000 WW 22- 38 $ 2,50, 000
Increase Appropriation
6090- 8000- 420- 10 WW 22- 38 $ 2,50, 000
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve the Design and Construction Funding Agreement Related to the Phase 3 Expansion of the Lathrop Consolidated Treatment Facility with River Islands Development, LLC; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby approve the budget amendment as detailed above.
322
The foregoing resolution was passed and adopted this 12th day of February 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 323

ATTACHMENT
11 11

DESIGN AND CONSTRUCTION FUNDING AGREEMENT

BY AND BETWEEN THE CITY OF LATHROP

AND RIVER ISLANDS DEVELOPMENT, LLC
RELATED TO THE PHASE 3 EXPANSION OF THE EXISTING

LATHROP CONSOLIDATED TREATMENT FACILITY
This Design and Construction Funding Agreement (" Agreement") is made and entered into as of February 12, 2024, by and between the CITY OF LATHROP, a municipal corporation CITY") and RIVER ISLANDS DEVELOPMENT, LLC, a Delaware limited liability company DEVELOPER"). DEVELOPER and CITY are referred to herein individually as " party" and collectively as "parties."

RECITALS
A. CITY operates the existing Lathrop Consolidated Treatment Facility (" LCTF") with a permitted flow capacity of 2. 5 million gallons per day (" MGD") in accordance with NPDES CA00853559 Order R5- 2022- 0044 ("NPDES Order"). CITY also operates its recycled water system under the State Water Resources Control Board Recycled Water General Order WQO 2016- 0068- DDW ("General Order").

B. At this time, the parties desire to expand the existing LCTF treatment capacity to 5. 0 MGD by adding a total of 2. 5 MGD capacity to the existing LCTF (" Phase 3 Expansion") as depicted in the 85% Progress Print plans developed by PACE Engineering dated titled City of Lathrop Consolidated Treatment Facility Phase 3 Expansion, WW 22- 38.

C. CITY and DEVELOPER are parties to a series of prior funding agreements that are identified in Schedule 1 (" Prior Funding Agreements") attached hereto. This Agreement shall apply to the Phase 3 Expansion only. To the extent of any conflicts between the Prior Funding Agreements ( whether or not specifically included in Schedule 1) and this Agreement, this Agreement shall control and supersede as to any specific items pertaining to the Phase 3 Expansion only. All terms of the Prior Funding Agreements not specifically addressing the Phase 3 Expansion shall remain in full force and effect.

D. The parties desire to execute this Agreement to set forth their definitive understanding with respect to the funding of pre -design, design, permitting, programming, construction costs and standby charges, including all outside consultant costs and City staff costs relating to the Phase 3 Expansion as more particularly set forth herein.

NOW THEREFORE, in consideration of the promises and covenants contained herein, the above recitals and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:

AGREEMENT

1. Incorporation of Recitals.

The parties agree 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. Overall Cost; Phase 3 Expansion.
a. The parties acknowledge that the current opinion of anticipated cost of expanding the existing LCTF to 5. 0 MGD for the Phase 3 Expansion ( e.g., adding a total of 2. 5 MGD to the existing LCTF) is $ 27, 500, 000 as set forth in Exhibit A (" Opinion of Probable Costs"). 1 324
Of this amount, $3, 250, 000 has been previously funded by CITY for design costs and for the purchase and installation of the headworks facility.
b. Upon execution of this Agreement, CITY shall use commercially reasonable efforts to complete the Phase 3 Expansion in a timely manner, subject to force majeure delays, including without limitation obtaining all applicable permits and approvals necessary to proceed with the Phase 3 Expansion. By executing this Agreement, CITY agrees to fund its 20% portion of the costs identified in Exhibit A as detailed in Section 3b.

3. Expansion; Payment of Costs; Sewer Allocation and Overpayment. a. Sewer Capacity. Subject to DEVELOPER' s
compliance with the terms of this
Agreement, CITY will provide DEVELOPER with the capacity allocations and percentage share in the Phase 3 Expansion as set forth in Exhibit B (" Sewer Capacity Allocations"). The available sewer capacity flow allocation may be limited subject to the design wastewater strength loading for Biological Oxygen Demand ( BOD), Total Nitrogen ( TN) and Total Suspended Solids ( TSS) allocations ( lbs/ day) set forth in Exhibit B.
b. Payments and Credits. DEVELOPER and CITY shall pay their pro -rata share of the costs ($ 22, 000,00 and $ 5,00, 000 respectively) as illustrated in Exhibit C (" Share of Proiect Costs") as follows:
i. DEVELOPER shall pay $ 7, 500, 000 ("Initial Payment") to CITY not later than ten ( 10) business days after DEVELOPER receives actual notification from CITY that CITY has selected the Contractor to build the construction contract for the Phase 3 Expansion. ii. DEVELOPER shall then pay $ 2, 500, 000 every three months after the Initial Payment until the remaining total of $ 14, 500, 000 has been paid. iii. CITY shall receive credit for the $3, 250, 000 in funding it has already paid.

CITY shall transfer the remaining $ 2,50, 000 from the Sewer Connection Fee fund into the CIP WW 22- 38 Project no later than ten ( 10) business days after CITY provides notification of selection of Contractor to DEVELOPER.
c. Payment Bond. Concurrent with the timing of the Initial Payment, DEVELOPER shall provide CITY with a payment bond for the total value of $ 14, 500, 000 to be used by CITY for the construction of the Phase 3 Expansion in the event that DEVELOPER does not make a payment as required above subject to a notice and cure period. In the event a DEVELOPER payment is not made by the appropriate date, CITY shall provide written notice to DEVELOPER of its lack of payment and DEVELOPER will have a ten ( 10) business day cure period to make the payment. CITY agrees that the payment bond may be reduced as each subsequent payment is received if DEVELOPER chooses to do so. CITY shall release the payment bond upon receipt of the final payment.
d. Use of Contingency; Cost Overruns.
i. Exhibit A identifies a Contingency of $ 2, 500, 000. Subject to the terms below, the parties agree that CITY may use the Contingency for any cost overruns for the Phase 3 Expansion without obtaining the prior approval of DEVELOPER, provided that CITY shall A) promptly notify DEVELOPER of the use of Contingency funds, ( B) such cost overruns requiring Contingency funds do not include any changes or increases in scope and ( C) CITY shall meet
request
and
and
confer
prior
with
to such

DEVELOPER
use of Contingency
regarding
funds.
the use of Contingency funds upon DEVELOPER' s
2 325
ii. If CITY exhausts the Contingency and CITY reasonably believes that it must incur costs in excess of the Contingency to complete the Phase 3 Expansion (" Excess Costs"), CITY shall (A) promptly notify DEVELOPER of such Excess Costs (" Notice of Excess Costs"), (B) CITY shall meet and confer with DEVELOPER regarding the Excess Costs so that CITY may proceed with the work and ( C) after mutual agreement, DEVELOPER shall pay their respective share of Excess Costs within ten ( 10) business days after receipt of the approved Notice of Excess Costs. If the Parties do not reach a mutual agreement on the Excess Cost within ten ( 10) business days after receipt of Notice of Excess Cost, CITY will pay the Excess Cost to the Contractor to allow the project to proceed and include the disputed sum as amounts to be resolved during the Final Accounting as detailed in Section 3(e)( i) of this Agreement. e. Final Accounting.
i. Upon completion of construction and prior to CITY acceptance of the Phase 3 Expansion, CITY shall provide a draft final accounting of all construction costs incurred by CITY including Excess Cost." Final Accounting") to DEVELOPER. DEVELOPER shall have the right to review the Final Accounting. Thereafter, the Parties shall meet and confer on the Final Accounting. Should the Parties agree upon the Final Accounting, CITY shall ( A) provide the approved Final Accounting to DEVELOPER, (B) proceed with CITY COUNCIL acceptance of the Phase 3 Expansion and ( C) pursue final signoff by the Regional Water Quality Control Board Regional Board"); and DEVELOPER shall (A) provide written notice of approval of the Final Accounting (" Notice of Approval of Final Accounting") to CITY within ten ( 10) business days of receiving the Approved Final Accounting and ( B) pay their respective remaining share of any Excess Costs as set forth in the Final Accounting concurrently with the Notice of Approval of Final Accounting. Should the Parties not agree upon the Final Accounting, the Parties shall meet and confer to reach agreement within 30 days of completion of construction. If the Parties do not agree within the 30 days, any amount disputed will be presented to City Council to be paid by CITY to the Contractor within ten ( 10) business days thereafter, and the final resolution of the disputed amount shall be determined by binding arbitration pursuant to the requirements set forth in Section 6 herein.
ii. To the extent that the approved Final Accounting illustrates cost savings e. g. the Phase 3 Expansion was constructed for less than the Expansion Costs contributed by DEVELOPER, including any savings of Contingency amounts contributed by DEVELOPER), CITY shall reimburse to DEVELOPER its pro -rata share of such cost savings within thirty ( 30) days after CITY' Sissuance of the Notice of Approval of Final Accounting.

4. Restrictions on Reliance or Use of Sewer Allocation by DEVELOPER; Other Restrictions.

Notwithstanding anything to the contrary contained herein, the following shall apply to restrict DEVELOPER' sreliance upon or use of its Sewer Allocation in the Phase 3 Expansion (" Sewer Allocation").
a. DEVELOPER acknowledges and understands that DEVELOPER cannot rely upon or use their Sewer Allocation until ( i) final completion and CITY acceptance of the Phase 3 Expansion and ( ii) final signoff of the completed Phase 3 Expansion by the Regional Board. As used herein, "rely" shall mean the ability to rely upon the availability of such capacity for CITY approval of final maps, and " use" shall mean CITY approval of building permits. b. Use of Float Capacity. CITY recognizes that there is an approximate one- year delay between allocation of sewer capacity to residential lots within a subdivision during final map approval and the actual sewer flow being received at the treatment facility (" Float Capacity").

Completion of the Phase 3 Expansion and final signoff by the Regional Board is expected within two years of the execution of this Agreement. If completion is delayed beyond the approximated two year expectation and ( i) DEVELOPER has exhausted all of their existing sewer capacity, as shown in Exhibit D and ( ii) DEVELOPER has fully funded their share of this expansion as detailed 3 326
in Section 2(a) of this Agreement, DEVELOPER shall be permitted to allocate float capacity to residential lots within a subdivision during final map approval to not exceed 119, 024 gallons per day ( 10% of DEVELOPER' stotal existing sewer capacity). DEVELOPER shall not be permitted to allocate Float Capacity to uses other than residential lots within a subdivision as the use of Float Capacity is based on data from existing residential lot allocations and this basis may not be representative of non- residential uses.
c. No transfer of Sewer Allocations to DEVELOPER or third parties under this Agreement shall be effective unless and until such DEVELOPER or third party has provided to CITY the information required in Schedule 2 attached hereto (" Transfer Information") for City approval which shall not be unreasonably withheld, conditioned or delayed. Item 5 of Schedule 2 requires the purchaser of Sewer Allocations to commit to obtaining a building permit, parcel map or final map within one year of City approval of a transfer or sell the units back to CITY, unless Council approves an alternative time limit. DEVELOPER may be exempt from this time limit on a case -by -case basis and if Council approves the exemption at the time of the transfer for unique situations such as a sale of capacity that exceeds DEVELOPER' sproject build out sewer demand.

DEVELOPER is exempt from the conditions of Schedule 2 if the Sewer Allocation is part of a large lot or final map.

5. Previous Oversizinq; Oversizinq Reimbursements. Nothing in this Agreement changes or alters DEVELOPER' sright to oversizing reimbursement detailed in previous agreements.

6. 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 (" Breach Notice") to cure such breach or noncompliance ( as such period may be extended as set forth below "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 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 pursues such cure and the Breach Notice sets forth in reasonable detail the nature of the breach, noncompliance or default, as the case may be. The party sending the Breach Notice shall provide a copy to all parties hereunder. b. Subject to the provisions of Section 6(c) below, upon a Default pursuant to Section

6. 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 sixty ( 60) days after the 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 resolved by binding arbitration unless the parties mutually agree otherwise. Arbitration shall be conducted in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect. The demand for arbitration shall be filed in writing with the other party to this Agreement 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. Subject to the foregoing, in the event of a payment default hereunder that is not cured within ten ( 10) business days after DEVELOPER' sreceipt of a Breach Notice from CITY, i) CITY may immediately suspend DEVELOPER' sability to use its Sewer Allocation and ( ii) City may sell DEVELOPER' sCapacity Allocation on a pro -rata basis to other developers.

7. Counterparts. This Agreement may be executed in counterparts, each of which shall be considered an original.
4 327

8. Advice of Counsel. Each of the parties has received the advice of legal counsel prior to signing this Agreement. Each party acknowledges no other party, agent or attorney has made a promise, representation or warranty whatsoever, express or implied, not contained herein concerning the subject matter herein to induce the other 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.

9. Governing Law. The validity, interpretation and effect of this Agreement are governed by and shall be construed in accordance with the laws of the State of California.

10. Severability. 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 shall remain in full force and effect. However, if the invalidity or unenforceability of any provision of this Agreement results in a material failure of consideration, all parties shall meet and negotiate in good faith not less frequently then 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. If the parties are unable to agree, then the parties shall resolve the issues through mediation as set forth in Section 6.

11. Authorization. The person( s) executing this Agreement on behalf of the parties hereto warrant that ( i) such party is duly organized and existing, (ii) the person( s) executing this Agreement are dully authorized to execute and deliver it on behalf of such party, (iii) by such Person( s) so executing this Agreement, such party is formally bound to the provisions of this Agreement and ( iv) entering into this Agreement does not violate any provision of any other agreement to which such party is bound. CITY has obtained any necessary approvals from the Consortium ( as defined in the Consortium Agreement described in Schedule 1) and other property owners and developers to execute this Agreement and be bound by the terms hereof.

12. Other Agreements Not Affected. This Agreement constitutes the entire agreement between the Parties hereto with respect to the Phase 3 Expansion and supersedes all prior understandings or agreements with respect to the subject matter hereof, provided that this Agreement does not supersede, amend nor replace any prior written agreement relating to any matter not expressly set forth in this Agreement relating to this specific Phase 3 Expansion Project including without limitation the parties' separate Consortium Agreement ( as defined in Schedule 1), as amended from time to time. This Agreement may be modified only by specific reference describing a mutual intent and agreement to amend this Agreement in written documents signed by both parties hereto.

13. Greenlightinq Future Expansions. Nothing herein supersedes, amends or replaces any prior written agreement with respect to DEVELOPER' s
ability to "greenlight" future expansions in
accordance with the parties' other written agreements regarding " greenlightinq."

14. Incorporation of Recitals. The parties agree that the foregoing Recitals are true and correct and are incorporated as a part of this Agreement as if set forth in full herein.

15. 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 fifth business day after such mailing. Any notice shall be given to all of the following:
5 328
CITY
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Attn: City Clerk

DEVELOPER
River Islands Development, LLC
73 W. Stewart Road
Lathrop, CA 95330
Attn: Susan Dell' Osso, President
With a copy to:

City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Attn: City Attorney

16. 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.

17. 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 DEVELOPER, DEVELOPER may not assign this Agreement without the prior written consent of CITY, which shall not be unreasonably withheld, conditioned or delayed. Without limiting the foregoing, prior to DEVELOPER assignment, (i) 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 CITY' s satisfaction that the proposed assignee has the financial ability and experience to fulfill DEVELOPER' sobligations under this Agreement. DEVELOPER may assign this Agreement to an Affiliate with notice to CITY. As used herein, the term " Affiliate" means any person, entity or organization as to which 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.

18. Time is of the Essence. Time is of the essence of this Agreement.

19. Construction. All parties have been represented by counsel in the preparation of this Agreement and no presumption or rule that ambiguity shall be construed against a drafting party shall apply to interpretation or enforcement hereof. Captions on sections and subsections are provided for convenience only and shall not be deemed to limit, amend or affect the meaning of the provisions( s) to which they pertain.

20. 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. CITY shall have no responsibility for any public improvements unless and until accepted by CITY.

21. Waiver. No waiver of any provision of this Agreement shall be effective unless such waiver is in writing and signed by a duly authorized representative of the party against whom enforcement is sought.
6 329

22. Table of Exhibits. The following exhibits are attached hereto and made a part hereof:

Exhibit A: Opinion of Probable Costs
Exhibit B: Sewer Capacity Allocations
Exhibit C: Share of Project Costs
Exhibit D:

Schedule 1:

Schedule 2:

Accounting of Existing Sewer Capacity
Prior Funding Agreements
Transfer Information
SIGNATURES ON THE FOLLOWING PAGE]
7 330
IN WITNESS WHEREOF, the parties have executed this Amendment as of the date or dates set forth below.

CITY OF LATHROP, a municipal
Corporation of the State of California
BY:

Stephen J. Salvatore
City Manager
Dated:

ATTEST:

BY:

Teresa Vargas
City Clerk
Dated:

APPROVED AS TO FORM BY THE CITY OF DEVELOPER:

RIVER ISLANDS DEVELOPMENT, LLC,
a Delaware limited liability company
LATHROP CITY ATTORNEY:

BY:

Salvador V. Navarrete BY: Susan Dell' Osso
City Attorney Its: President
8 331
IN WITNESS WHEREOF, the parties have executed this Amendment as of the date or dates set forth below.

CITY OF LATHROP, a municipal
Corporation of the State of California
BY:

Stephen J. Salvatore
City Manager
Dated:

ATTEST:

BY:

Teresa Vargas
City Clerk
Dated:

APPROVED AS TO FORM BY THE CITY OF DEVELOPER:

LATHROP CITY ATTORNEY: RIVER ISLANDS DEVELOPMENT, LLC,
a Delaware limited liability company
BY:

Salvador V. Navarrete
City Attorney
8 BY: Stisan Dell' Osso
Its: President
332

EXHIBIT A
Opinion of Probable Costs
CTF Phase 3 Expansion, Lathrop, CA
Description Estimated Cost
Design 1, 500, 000
Permitting 500, 00
Pre- Construction/ Construction Management 1, 000,00
Headworks 1, 750, 000
Construction 20,50, 000
Contingency ( 10%) 2, 500, 000
TOTAL 27, 500, 000
9 333

EXHIBIT B
Sewer Capacity Allocations
CTF Phase 3 Expansion, City of Lathrop, CA
Name of Party Flow Capacity ( gpd) of Expansion
City of Lathrop 500, 00 20%
River Islands 2, 000,00 80%
Total 2, 500, 000 100%
Biological Oxygen
Demand ( mg/ L)
Total Nitrogen
mg/ L)
Total Suspended
Solids ( mg/ L)
City of Lathrop 500 70 340
10 334

EXHIBIT C
Share of Project Costs
CTF Phase 3 Expansion, Lathrop, CA
Name of Party of Expansion Cost Share
City of Lathrop 20% 5,00, 000
River Islands 80% 22, 000,00
Total 100% 27, 500, 000
11 335

EXHIBIT D
Accounting of Existing Sewer Capacity
Accounting of Existing Sewer Capacity
Capacity ( gpd)
Phase 0 100, 00
Phase 1 200, 00
Phase 2 652, 840
Reserve 237, 396
Total Capacity 1,90, 236
Allocated ( as of 1/6/ 2024) 850, 692)
Remaining Capacity 339, 544
12 336
SCHEDULE 1
Prior Funding Agreements
WRP- 1 MBR 0. 75 MGD Expansion ( CIP# WW 01- 21)

1. Agreement for Financing Design, Construction, Maintenance and Operation of Additional Sanitary Sewer Facilities and Acquisition of Lands Necessary for Such Project, dated April 29, 2003 ( as amended)(" Consortium Agreement")

2. Agreement among the City of Lathrop, Crossroads CREA Investors, LLC, and Califia, LLC for Design, Construction, Maintenance and Operation of Additional Sanitary Sewer Facilities and Acquisition of Lands Necessary for Such Projects, dated April 29, 2003 ( as amended)

3. First Amendment to the Agreement for Financing, Construction, Maintenance and Operation of Additional Sanitary Sewer Facilities in the City of Lathrop, dated August 1, 2003

4. First Amendment to Agreement among the City of Lathrop Crossroads CREA Investors LLC and Califia LLC for Design Construction Maintenance and Operation of Additional Sanitary Sewer Facilities and Acquisition of Lands Necessary for Such Projects, dated August 1, 2003

5. Second Amendment to the Agreement for Financing, Construction, Maintenance and Operation of Additional Sanitary Sewer Facilities in the City of Lathrop, dated September 1, 2003
LCTF Phase 1 Expansion ( CIP# WW 10-5)

6. Integrated Greenlighting and Funding Agreement, dated August 19, 2013 LCTF Phase 2 Expansion ( CIP# WW 14- 14)

7. Funding Agreements for The City' s
Pre -Construction Costs Related to the Phase 2
Expansion of the Lathrop Consolidated Treatment Facility, ( six funding agreements were issued to participating Developer between March 17, 2015, and March 10, 2016)

8. Design and Construction Funding Agreement Related to the Phase 2 Expansion of the Existing Lathrop Consolidated Treatment Facility, dated November 21, 2016 13 337
SCHEDULE 2
Transfer Information

WASTEWATER CAPACITY TRANSFER CRITERIA
Any developer or third party who has acquired wastewater capacity under this Agreement and who wishes to transfer some or all of its wastewater capacity shall apply for the transfer through the City' sPublic Works Director. The application shall include the following information and be submitted with the requisite fee( s):

1. Name of transferor and proposed transferee.

2. Address and/ orAPN of the parcel( s) to benefit from the transfer.

3. The number of Equivalent Capacity Units ( ECUs) or Interceptor System Units ( ISUs) needed.

4. A description of the proposed development in sufficient detail to identify the potential impacts and benefits of the proposed development.

5. A letter from the purchaser committing to obtain a building permit, parcel map or final map with one year from City approval of the transfer, or to sell the units back to the City at the end of one year unless Council approves an alternative time limit. The repurchase price shall be the same as the cost paid by the transferee at the time the transfer took place, less the City' s administrative fee.

6. An application fee to cover the cost of staff efforts, including the preparation of staff reports for Council action and ten percent ( 10%) deposit toward the cost of the units.

7. An acknowledgement that it is the purchaser' sresponsibility to provide any sewer line extensions and related facilities necessary to utilize the ECUs or ISUs.

The City' sPublic Works Director shall consider the following factors in approving or denying a transfer request:

1. Is the request consistent with the City' s
General Plan?

2. Is the request consistent with the City' sSewer Master Plan?

3. Is the request consistent with the City' sZoning Ordinance?

4. Is the request consistent with any other applicable local, state or federal laws, regulations or ordinances?
Upon receipt of a written request and payment of the appropriate fee( s), the City Engineer will prepare a report for City Council consideration and action. The City Council may approve the request and authorize the City Manager to execute an agreement approved by the City Attorney with the applicant, or deny the request based on the foregoing factors. If the City Council approves a transfer of ECUs or ISUs from one parcel( s) to a different parcel( s), the applicant shall pay
will be recorded
all costs
and
to
advise
prepare
future
and record an agreement( s) for the transfer. The agreement( s) property owners of the transfer and limitations on future development.
14 338
ITEM 5. 1

CITY MANAGER' S REPORT
FEBRUARY 12, 2024 CITY COUNCIL REGULAR MEETING
ITEM: CONTINUE DISCUSSION FROM JANUARY 8, 2024,

REGULAR MEETING, REGARDING THE ADOPTION OF

AN ORDINANCE AMENDING THE SPEED LIMITS IN
THE CITY OF LATHROP, TITLE 10 VEHICLES AND
TRAFFIC, CHAPTER 10. 08 SPEED LIMITS, SECTION

10. 08.30 SPEED LIMITS OF THE LATHROP

MUNICIPAL CODE
RECOMMENDATION: City Council to Consider the Following:

1. Testimony Presented During the Public
Hearing Held January 8, 2024; and

2. Introduction and First Reading of an Ordinance
of the City Council of the City of Lathrop
Amending Section 10. 08.30 "Speed Limits" of
the Lathrop Municipal Code
SUMMARY:

The California Vehicle Code ( CVC) Sections 22357 through 22364 and 40800 through 40808 require an Engineering and Traffic Survey ( Survey) to establish or update a legally enforceable speed limit on most California roads. Speed limits must be established within one year of acceptance of major City streets, as the current posted speed limit is based on design criteria, not a Survey.

Staff conducted the Surveys for the purpose of establishing legally enforceable speed limits on local streets. During the January 8, 2024 City Council meeting, Council requested that staff conduct pedestrian counts during Lathrop High School start and stop times and reevaluate the Surveys. The proposed amended Ordinance Attachment A) sets enforceable speed limits for various streets within the City.

Staff requests that City Council continue discussions from the January 8, 2024 City Council Regular Meeting, consider testimony presented during the first public hearing held January 8, 2024, consider the additional information presented at today' s meeting related to the requested Central Lathrop pedestrian counts and, if determined to be appropriate, adopt an Ordinance amending Section 10. 08.30 Speed Limits" of the Lathrop Municipal Code.
339
CITY MANAGER' S REPORT PAGE 2
FEBRUARY 12, 2024 CITY COUNCIL REGULAR MEETING

CONTINUE DISCUSSION REGARDING THE ADOPTION OF AN ORDINANCE AMENDING THE SPEED LIMITS IN THE CO, TITLE 10 VEHICLES AND TRAFFIC, CHAPTER 10. 08 SPEED LIMITS, SECTION 10. 08.30 SPEED
BACKGROUND:

Pursuant to CVC Sections 22357 through 22364 and 40800 through 40808, law enforcement can only enforce speed limits posted on regulatory signs if they are listed identically in City Municipal Code and are based on a valid and current Survey prepared by a California - licensed traffic engineer.

Speed limit signs currently posted on these segments represent design speed, a calculation conducted to determine an initial speed limit for a road based upon its geometry, number of lanes, surrounding land use and other factors.

As traffic volumes on the subject streets have increased to a level supporting the collection of speed data to determine enforceable speed limits, City staff conducted the Surveys. The proposed amended Ordinance ( Attachment A) reflects the findings of the Surveys with the supplemental pedestrian counts and could be utilized to set enforceable speed limits for various streets in the City of Lathrop.

The CVC governs how Surveys are conducted and describes the basis for the proposed speed limits. Data is collected on actual vehicle speed data from at least 100 or more free flowing vehicles per segment in a three- hour period. The traffic engineer then processes the data to determine important parameters such as the 85th percentile speed, 10 mile per hour ( mph) pace, and percentage of vehicles following the current posted speed limit. The traffic engineer also considers physical and environmental factors of the segment, such as the number of residential driveways, the proximity to schools, sun glare, roadway width, pedestrian and bicycle counts, etc.

As required by the CVC, the recommended speed limit is determined by rounding to the nearest 5 mph increment from the 85th percentile speed. Based on physical and environmental factors, the traffic engineer has the ability to reduce the recommended speed by 5 mph if the justification for doing so is documented in the Survey.

CVC also states that Surveys are valid for seven years after the approval date.

Surveys may also be extended by a traffic engineer for seven ( 7) years depending upon criteria such as significant changes in roadway alignment, traffic volumes, and surrounding land use.

As a function of the Surveys conducted by City staff, proposed speed limits for segments of City streets bounded by associated nodes are summarized in Table 1, below. The complete Surveys for each street are provided as Attachment B. 340
CITY MANAGER' S REPORT PAGE 3
FEBRUARY 12, 2024 CITY COUNCIL REGULAR MEETING

CONTINUE DISCUSSION REGARDING THE ADOPTION OF AN ORDINANCE AMENDING THE SPEED LIMITS IN THE CO, TITLE 10 VEHICLES AND TRAFFIC, CHAPTER 10. 08 SPEED LIMITS, SECTION 10. 08.30 SPEED
TABLE 1 - SUMMARY OF PROPOSED NEW SPEED LIMITS

SEGMENT NAME SEGMENT BEGIN SEGMENT END

DESIGN PROPOSED

SPEED SPEED LIMIT
Business Park Ct. Yosemite Ave. End 35 35
Glacier St. Jefferson Way Yosemite Ave. 45 45
Jefferson Way Glacier St. Yosemite Ave. 45 45
Yosemite Ave. Jefferson Way Glacier St. 45 45
Yosemite Ct. Yosemite Ave. End NONE 40
Stanford Crossing Spartan Way
Barbara Terry
Blvd.
30 35
Stanford Crossing
Barbara Terry
Blvd.

Golden Valley
Pkwy.
30 35
Barbara Terry
Blvd.

Stanford Crossing Adobe Way 35 40
Barbara Terry
Blvd.

Stanford Crossing Central Pacific St. NONE 30
Golden Valley
Pkwy.

Brookhurst Blvd. Sadler Oak 45 45
Riverfront Dr. Somerston Pkwy. Bosch Ave. 25 35
City Council requested additional research related to Central Lathrop pedestrian traffic to continue the discussion that begun on January 8, 2024, during the City Council Regular Meeting. Pedestrian traffic was observed during morning and afternoon peak times that correlated to Lathrop High School' sstart and dismissal bell schedule. As a function of the pedestrian traffic Survey conducted by City staff, the revised proposed speed limits for segments of City streets are summarized in Table 2, below. New text is shown by underline and deleted text is shown by ctrikcthrough.

TABLE 2 - SUMMARY OF REVISED PROPOSED NEW SPEED LIMITS

SEGMENT NAME SEGMENT BEGIN SEGMENT END

DESIGN PROPOSED

SPEED SPEED LIMIT
Business Park Ct. Yosemite Ave. End 35 35
Glacier St. Jefferson Way Yosemite Ave. 45 45
Jefferson Way Glacier St. Yosemite Ave. 45 45
341

CITY MANAGER' SREPORT
FEBRUARY 12, 2024 CITY COUNCIL REGULAR MEETING

CONTINUE DISCUSSION REGARDING THE ADOPTION OF AN ORDINANCE AMENDING THE SPEED LIMITS IN THE CO, TITLE 10 VEHICLES AND TRAFFIC, CHAPTER 10. 08 SPEED LIMITS, SECTION 10. 08.30 SPEED
PAGE 4
Yosemite Ave. Jefferson Way Glacier St. 45 45
Yosemite Ct. Yosemite Ave. End NONE 40
Stanford Crossing Spartan Way
Barbara Terry
Blvd.
30 3- 5 30
Stanford Crossing
Barbara Terry
Blvd.

Golden Valley
Pkwy.
30 35
Barbara Terry
Blvd.

Stanford Crossing Adobe Way 35 40 35
Barbara Terry
Blvd.

Stanford Crossing Central Pacific St. NONE 30 25
Golden Valley
Pkwy.

Brookhurst Blvd. Sadler Oak 45 45
Riverfront Dr. Somerston Pkwy. Bosch Ave. 25 35
SPEED LIMITS OF THE LATHROP MUNICIPAL CODE:

To establish speed limits, LMC 10. 08.30 requires a public hearing, introduction and first reading of the proposed ordinance at this City Council meeting, and adoption of the proposed Ordinance at a subsequent Council meeting.

Staff requests that City Council continue discussions from the January 8, 2024, Regular Meeting, consider testimony presented during the public hearing held January 8, 2024, consider the additional information presented at today' s meeting related to Central Lathrop pedestrian traffic and, if determined to be appropriate, adopt an Ordinance amending Section 10. 08.30 "Speed Limits" of the LMC REASON FOR RECOMMENDATION:

The requested Ordinance amendment to Section 10. 08.30 of the LMC is required by the CVC to establish legally enforceable speed limits.

FISCAL IMPACT:

Sufficient funds have been allocated in the adopted FY 23-4 budget to fund staff time and the purchase & installation of the speed limit signage.

ATTACHMENTS:

A. Proposed Ordinance Amendment of the City Council of the City of Lathrop Amending Section 10. 08.30 "Speed Limits" of the Lathrop Municipal Code B. Engineering & Traffic Speed Surveys and Pedestrian Traffic Exhibits 342
CITY MANAGER' S REPORT PAGE 5
FEBRUARY 12, 2024 CITY COUNCIL REGULAR MEETING

CONTINUED CONSIDERATION OF AN ORDINANCE AMENDING THE SPEED LIMITS IN THE CITY OF LATHROP, TITLE 10 VEHICLES AND TRAFFIC, CHAPTER 10. 08 SPEED LIMITS, SECTION 10. 08.30
APPROVALS:

Ve onica Albarran
Junior Engineer
Brad Taylor
City Engineer
Cari James
Finance Dir tor
Date
z.2/ i6zy
Date
Date
Michael King Date
I-Z-oZ' f
Assistant City Manager
Salvador Navarrete Date
City Attorney
Z1. 51 -q•
Stephen J. Salvatore Date
City Manager
343
ORDINANCE NO. 24 -

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LATHROP AMENDING THE LATHROP MUNICIPAL CODE TITLE 10 VECHICLES AND TRAFFIC, CHAPTER 10. 08 SPEED LIMITS SECTION 10. 08.30 "SPEED LIMITS" WHEREAS, the California Vehicle Code ( CVC) requires that an Engineering and Traffic Survey ( Survey) be conducted to establish a legally enforceable prima facie speed limit for a public roadway; and
WHEREAS, the City of Lathrop ( City) has enacted an ordinance to establish the prima facie speed limits on portions of certain streets within the City; and WHEREAS, staff has conducted Surveys to establish legal speed limits for specific streets; and
WHEREAS, to update or establish speed limits for the indicated streets, it is necessary to amend Title 10 Vehicles and Traffic, Chapter 10. 08 Speed Limits, Section 10. 08.30 Speed Limits of the Lathrop Municipal Code; and WHEREAS, proper notice of this public hearing was given to all respects as required by law; and
WHEREAS, the City Council has reviewed all written evidence and oral testimony presented to date.

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

Section 1.

Section 10. 08.30, of the Lathrop Municipal Code, is amended to read in full as follows:

It shall be prima facie unlawful to operate any vehicle at speed in excess of that established as follows:

A. The speed limit shall be fifty ( 50) miles per hour on the following street segments:

Street Limits
Golden Valley Parkway Lathrop Road to River Islands Parkway McKinley Avenue Louise Avenue to Yosemite Avenue
B. The speed limit shall be forty-ive (45) miles per hour on the following street segments:
344
Street
Dell' Osso Drive
Glacier Street
Golden Valley Parkway
Golden Valley Parkway
Golden Valley Parkway
Harlan Road
Harlan Road
Harlan Road
Harlan Road
Harlan Road
Howland Road
Jefferson Way
Lathrop Road
Louise Avenue
Louise Avenue
Louise Avenue
Louise Avenue
Manthey Road
Manthey Road
Manthey Road
Manthey Road
McKinley Avenue
McKinley Avenue
River Islands Parkway
River Islands Parkway
River Islands Parkway
Somerston Parkway
Tesla Drive
Yosemite Avenue
Yosemite Avenue
Yosemite Avenue
C.

Limits
River Islands Parkway to Lakeside Drive
Jefferson Way to Yosemite Avenue
Brookhurst Boulevard to Sadler Oak
River Island Parkway to Towne Centre Drive
Towne Centre Drive to Brookhurst Boulevard
Roth Road to Slate Street
Slate Street to Lathrop Road
Louise Avenue to D' Arcy Parkway
D' Arcy Parkway to Tesla Drive
Tesla Drive to End of Road
Louise Avenue to D' Arcy Parkway
Glacier Street to Yosemite Avenue
McKinley Avenue to city limits
Interstate 5 to Harlan Road
Harlan Road to Fifth Street
Fifth Street to McKinley Avenue
McKinley Avenue to City Limits
Dos Reis Road to City Limits
Towne Centre Drive to Brookhurst Boulevard
Brookhurst Boulevard to Mossdale County Park
Stewart Road to Interstate 5 Ramps
Yosemite Avenue to City Limits
Lathrop Road to Louise Avenue
Golden Valley Parkway to McKee Boulevard
San Joaquin River Bridge to Somerston Parkway
Somerston Parkway to Norbeck Street
River Islands Parkway to South of Lakeside Drive
Harlan Road to Christopher Way
SR 120 to D' Arcy Parkway
D' Arcy Parkway to City Limit
Jefferson Way to Glacier Street
The speed limit shall be forty ( 40) miles per hour on the following street segments:

Street
D' Arcy Parkway
D' Arcy Parkway
Dos Reis Road
Harlan Road
Lathrop Road
Manthey Road
Manthey Road
Yosemite Court
D.

Limits
Yosemite Avenue to Christopher Way
Christopher Way to Harlan Road
Manthey Road to East School Zone
Lathrop Road to Louise Avenue
5th Street to McKinley Avenue
Lathrop Road to Dos Reis Road
Mossdale County Park to Stewart Road
Yosemite Avenue to End
The speed limit shall be thirty- five (35) miles per hour on the following street segments:
345
Street
Barbara Terry Boulevard
Barbara Terry Boulevard
Barbara Terry Boulevard
Business Park Court
Brookhurst Boulevard
Brookhurst Boulevard
Brookhurst Boulevard
Dell' Osso Drive
Christopher Way
Dos Reis Road
Dos Reis Road
Golden Spike Trail
Lakeside Drive
Lakeside Drive
Lakeside Drive
Lathrop Road
Lathrop Road
McKee Boulevard
McKee Boulevard
McKee Boulevard
McKee Boulevard
Murphy Parkway
Murphy Parkway
Riverfront Drive
River Islands Parkway
River Islands Parkway
Roth Road
Seventh Street
Somerston Parkway
Stanford Crossing
Limits
Stanford Crossing to Adobe Way
Spartan Way to McKee Boulevard
McKee Boulevard to Adobe Way
Yosemite Avenue to End
Manthey Road to Golden Valley Parkway
Golden Valley Parkway to McKee Boulevard
McKee Boulevard to Golden Spike Trail
Mulholland Drive to River Islands Parkway
D' Arcy Parkway to End of Road
East School Zone to West School Zone
West School Zone to Dos Reis Park
Towne Centre Drive to Brookhurst Boulevard
Stewart Road to Vega Park Roundabout
Vega Park Roundabout to Somerston Parkway
Somerston Parkway to Dell' Osso Drive
Interstate 5 to Rev Maurice Cotton Drive
Rev Maurice Cotton Drive to Fifth Street
Brookhurst Boulevard to Towne Centre Drive
Towne Centre Drive to Johnson Ferry
Johnson Ferry to River Islands Parkway
River Islands Parkway to Barbara Terry Boulevard
Testa Drive to D' Arcy Parkway
D' Arcy Parkway to End of Road
Somerston Parkway to Bosch Avenue
Interstate 5 to Golden Valley Parkway
McKee Boulevard to San Joaquin River bridge
Interstate 5 to East City Limits
3 Street to Thomsen Road
Riverfront Drive to River Islands Parkway
Barbara Terry Boulevard to Golden Valley Parkway
E. The speed limit shall be thirty ( 30) miles per hour on the following street segments:

Street
Academy Drive
Commerical Street
Inland Passage Way
Slate Street
Slate Street
Opal Street
Opal Street
Sadler Oak Drive
Johnson Ferry Road
Stanford Crossing
Stonebridge Lane
Limits
Somerston Parkway to Broadmoor Way
Marina Drive to Academy Drive
Sadler Oak Drive to Open Range Avenue
Harlan Road to Deerwood Way
Deerwood Way to Stonebridge Lane
Stonebridge Lane to Deerwood Way
Deerwood Way to Slate Street
Manthey Road to Inland Passage Way
Colonial Trail to Golden Spike Trail
Spartan Way to Barbara Terry Boulevard
Harlan Road to Slate Street
346
F. The speed limit shall be twenty- five (25) miles per hour on the following street segments:

Street
Academy Drive
Barbara Terry Boulevard
Cambridge Drive
Fifth Street
3 Street
Lathrop Road
Marina Drive
Marina Drive
O Street
Spartan Way
Spartan Way
Spartan Way
Spartan Way
Stewart Road
Thomsen Road
Thomsen Road
Thomsen Road
Towne Centre Drive
Towne Centre Drive
Limits
River Bend Drive to Somerson Parkway
Stanford Crossing to Central Pacific Street
Lathrop Road to Louise Avenue
K Street to 0 Street
Harlan Road to Fifth Street
Interstate 5 to Golden Valley Parkway
River Bend Drive to Somerston Parkway
Somerston Parkway to Taft Drive
Harlan Road to Seventh Street
Golden Valley Parkway to Generations Center
Generations Center to Lathrop High School
Lathrop High School to Stanford Crossing
Stanford Crossing to Barbara Terry Boulevard
Manthey Road to South River Bend
Harlan Road to Grayson Road
Grayson Road to Halmar Lane
Halmar Lane to Seventh Street
Golden Valley Parkway to McKee Boulevard
McKee Boulevard to Village Avenue
G. The following list of two hundred thirty- seven (237) roadway segments that meet the requirements defined in section 40802( b) of the CVC for a local street are not subject to the requirement for an Engineering and Traffic Survey. These local / residential streets shall have a recommended prima facie speed limit of 25 mph that can be enforced with radar, exempt from speed trap laws related to Engineering and Traffic Survey requirements:

H.

Admiral Way
Adobe Way
Almond Orchard Way
American Farms Avenue
Americana Way
Andover Way
Apple Grove Avenue
Applewood Way
Argillite Avenue
Aries Place
Arkose Street
Aspenwood Avenue
August Drive
Autumn Rain Drive
Autumnwood Avenue
Avon Avenue
Aztec Land
Back Bay Drive
Baywood Way
Bella Place
Bellchase Road
Berkshire Court
Bizzibe Street
Blackwood Avenue
Bloom Way
Blue Sky Drive
Boulder Avenue
Bramblewood Avenue
Brewer Street
Brookhurst Boulevard
Brookwood Way
Calcite Avenue
Cambridge Drive
Camelback Street
Camish Place
Cannella Drive
Carleta Place
Carnaby Road
Carnelian Avenue
Cedar Valley Drive
Cedarbrook Way
Channel Drive
Christie Falls Way
Claim Stake Avenue
Cloudy Bay
347
Cobble Creek Way
Cold Springs Street
Colonial Trail
Covered Bridge Way
Craftsman Drive
Crescent Moon Drive
Crescent Park Circle
Daffodil Hill Street
Dalton Court
Danbury Place
Derby Lane
Dry Creek Place
Eagle Lane
Easy Street
Emerald Bay Court
Emory Oak Place
Englewood Way
English Country Trail
Eton Way
Evergreen Avenue
Exeter Court
Fairview Way
Ferndale Street
Ferry Launch Avenue
Finchwood Drive
Fleurette Lane
Flint Avenue
Forestwood Way
Forty Niner Trail
Four Corners Court
G Street
Gaar Avenue
Gail Drive
Galena Street
Garden Glade Street
Gardner Place
Garmetta Way
Gold Nugget Trail
Golden Spike Trail
Granite Avenue
Grapevine Place
Grayson Road
Green Plaza
Greengate Place
Gypsum Way
H Street
Halmar Lane
Havenwood Avenue
Historic Avenue
Homestead Avenue
Honey Place
I Street
Independence Avenue
Iron Horse Trail
J Street
Janice Place
Jasper Street
Johnson Ferry Road
Jonquil Drive
Julie Lane
K Street
Kirkwood Way
L Street
Landmark Point
Late Harvest Place
Lazy Ridge Avenue
Leather Oak Road
Libby Lane
Liberty Point
Limestone Avenue
Lisa Lane
Loganberry Way
Long Barn Drive
Lottie Way
Magnetite Avenue
Maharaja Drive
Mariners Drive
Maxwell Lane
Meteorite Street
Milestone Drive
Mill Stone Way
Millpond Avenue
Mingo Way
Mossy Point Way
N Street
Navigator Drive
New England Avenue
New Well Avenue
Noel Lane
Obsidian Street
Old Glory Way
Old Wharf Place
Olivine Avenue
Onyx Avenue
Ore Claim Trail
Orlando Lane
Osage Place
Parkhaven Street
Parkside Drive
Pasture Avenue
Patricia Place
Patriot Way
Pecan Hollow Way
Pennant Avenue
Pheasant Downs Road
Pine Valley Drive
Pinewood Drive
Pioneer Avenue
Pipestone Street
Platinum Avenue
Pony Express Way
Poppy Drive
Prairie Dunes Drive
Princeville Street
Quartz Way
Rail Way
Red Barn Place
Redstone Street
Reiger Drive
Renaissance Avenue
Reverend Maurice Cotton Drive
River Bend Drive
Riverboat Drive
Riverdale Street
Rocky Harbor Road
Rosebriar Place
Rosewood Street
Ryhiner Lane
Saguaro Lane
348
Samoa Lane
Sand Bar Way
Schumard Oak Road
Scrub Oak Drive
Sedona Lane
Settler Trail
Shadowberry Place
Shady Mill Way
Shadywood Avenue
Sheltered Cove
Shilling Avenue
Showlow Lane
Sierra Gold Trail
Siltstone Avenue
Silver Creek Drive
Sixth Street
South Lagoon Way
Section 2.

Southport Street
Spar Street
St. Andrew Street
Stage Coach Drive
Stone Cellar Way
Strawberry Glen Street
Sugar Pine Drive
Sunrise Place
Suzie Q Lane
Talc Street
Thomsen Road
Tidewater Point
Toro Lane
Town Square
Tracywood Avenue
Trestle Point
Tulip Tree Way
Tumbleweed Lane
Upstream Drive
Victorian Trail
Village Avenue
W Nut Tree Court
Warfield Road
Water Mills Street
Water Way
Waterman Avenue
Wheat Field Street
Wild Oak Drive
Williamstowne
Woodfield Drive
Wynona Way
Zalman Lane
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. Severalbility
If any provisions of this Ordinance or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council hereby declares that it would have adopted this Ordinance irrespective of the validity of any particular portions thereof.

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

Section 5. Publication
Within fifteen ( 15) days after its final passage, the City Clerk shall cause a copy of this Ordinance to be published in full accordance with Section 36933 of the Government Code.
349
THIS ORDINANCE was introduced at a regular meeting of the City Council of the City of Lathrop on the 8th day of January 2024. Thereafter, the City Council continued the matter to the Regular Meeting of February 12th, 2024. On February 12th, 2024, the City Council approved the introduction on first reading of the subject Ordinance. The Ordinance was PASSED AND ADOPTED at a regular meeting of the City Council of the City of Lathrop on the day of , 2024 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:

Teresa Vargas, City Clerk Salvador Navarrete ity Attorney 350

ATTACHMENT
M
v. 11

CITY OF LATHROP

ENGINEERING AND TRAFFIC SPEED SURVEY

STREET SEGMENTS
Street

1. Business Park Court:

2. Glacier Street:

3. Jefferson Way:

4. Yosemite Avenue:

5. Yosemite Court:

6. Stanford Crossing:

7. Stanford Crossing:

8. Barbara Terry Boulevard:

9. Barbara Terry Boulevard:

10. Golden Valley Parkway:

11. Riverfront Drive:

Limits
Yosemite Avenue to End
Jefferson Way to Yosemite Avenue
Glacier Street to Yosemite Avenue
Jefferson Way to Glacier Street
Yosemite Avenue to End
Spartan Way to Barbara Terry Boulevard
Barbara Terry Boulevard to Golden Valley Parkway
Stanford Crossing to Adobe Way
Stanford Crossing to Central Pacific Street
Brookhurst Boulevard to Sadler Oak
Somerston Parkway to Bosch Avenue
351
352
City of Lathrop Engineering and Traffic Survey Report
Approved Date: 1/ 8/ 2024
Location Description
Segment Name: Business Park Court Limits: Yosemite Avenue End of Road
Existing Conditions
Number of lanes: 1 lane in each direction Traffic Volumes Northbound Southbound Posted Speed Limit: 35 mph Average Daily Traffic ( vehicles): 70 70 Transit Facilities: None Heavy Vehicle Percentage: 38% 35% Bicycle and Pedestrian Facilities Description ofSurrounding Area Sidewalk on east side of the street Industrial Park
Parking Accomodations Intersection Facilities
No parking is permitted Signalized Intersection on Business Park Ct and Yosemite Ave All -Way stop at Business Park Ct and Grady Dr intersection Pedestrian crosswalk at Business Park Ct and Grady Dr intersection Dead End south of Grady Dr
Two- way left turn lane on Business Park Ct
Community Facilities Collision History
None Collision Rate and Pattern Indicative of Non - Apparent No Conditons?
Current Speed Survey Data
Northbound Southbound
50th Percentile: 36 mph 37 mph
85th Percentile: 40 mph 40 mph
Nearest 5mph Increment: 40 mph 40 mph
Median: 37 mph 37 mph
10 mph Pace: 32- 41 32- 41
Percent in Pace: 69% 53%
Percent Below Pace: 19% 35%
Percent Above Pace: 13% 12%
Recommended Speed Limit: 35 miles per hour ( mph)
Justification
1) Data was collected from only 17 vehicles in a 3 -hour period due to the low traffic intersections and number of industrial warehouse driveways. Rounding the recommended determined to be appropriate in compliance with CVC Section 22358. 6 volume on this road; ( 2) High heavy vehicle percentage; (3) Proximity of speed limit down to 35 mph from the 85th percetile of 40 mph was 0 R T
EHC 9
GCT - 13
TR 3010
Etc. 3)1/ 25 f
Br aylor, PE
Registered Traffic Engineer sl
OpCALfd a`!
353
City of Lathrop Engineering and Traffic Survey Report
Approved Date: 1/ 8/ 2024
Location Description
Segment Name: Glacier Street Limits: Yosemite Avenue
Jefferson Way
Existing Conditions
Number of lanes: 1 Lane in Each Direction Traffic Volumes Northbound Southbound Posted Speed Limit: 45 mph Average Daily Traffic ( vehicles): 180 180 Transit Facilities: None Heavy Vehicle Percentage: 2% 6% Bicycle and Pedestrian Facilities Description of Surrounding Area Sidewalk on south side of street where developed Industrial Park Vacant land
Parking Accomodations Intersection Facilities
No parking is permitted Signalized Intersection on Yosemite Ave and Glacier St Side street stop at Madruga Road and Glacier St Intersection Community Facilities Collision History
None Collision Rate and Pattern Indicative of Non - Apparent No Conditons?
Current Speed Survey Data
Northbound Southbound
50th Percentile: 41 mph 42 mph
85th Percentile: 48 mph 49 mph
Nearest 5mph Increment: 50 mph 50 mph
Median: 41 mph 43 mph
10 mph Pace: 36- 46 38- 48
Percent in Pace: 60% 65%
Percent Below Pace: 14% 18%
Percent Above Pace: 26% 18%
Recommended Speed Limit: 45 miles per hour (mph)
Justification
1) Data was collected from only 37 eastbound vehicles and 50 westbound vehicles in a 3 - hour period due to the low traffic volume on this road; (2) Proximity of intersections and number of industrial warehouse driveways. Rounding the recommended speed limit down to 45 mph from the 85th percetile of 50 mph was determined to be appropriate in compliance with CVC Section 22358. 6 10Rigy e
Qp 4O ``.

TR 3010
Ea. 3/1/ 25
l'' RAFft' 3-
Brad lor, PE
Registered Traffic Engineer
Of Cpttf
354
City of Lathrop Engineering and Traffic Survey Report
Approved Date: 1/ 8/ 2024
Location Description
Segment Name: Jefferson Way Limits: Glacier Street
Yosemite Avenue
Existing Conditions
Number of lanes: 1 Lane in Each Direction Traffic Volumes Northbound Southbound Posted Speed Limit: 45 mph Average Daily Traffic ( vehicles): 40 40 Transit Facilities: None Heavy Vehicle Percentage: 2% 2% Bicycle and Pedestrian Facilities Description of Surrounding Area Sidewalk on east side of street Industrial use fronting east side of Jefferson Way Empty lot on west side of Jefferson Way
Parking Accomodations Intersection Facilities
No parking is permitted None
Community Facilities Collision History
None Collision Rate and Pattern Indicative of Non -Apparent Na Conditons?
Current Speed Survey Data
Northbound Southbound
50th Percentile: 36 mph 30 mph
85th Percentile: 38 mph 33 mph
Nearest 5mph Increment: 40 mph 35 mph
Median: 36 mph 30 mph
10 mph Pace: 32- 41 26- 35
Percent in Pace: 71% 70%
Percent Below Pace: 29% 20%
Percent Above Pace: 0% 10%
Recommended Speed Limit: 45 miles per hour (mph)
Justification
Data was collected from only 7 northbound vehicles and 10 southbound vehicles in a 3 - hour period due to the low traffic volume on this road. Data collected was insufficient to support changes to current posed speed limit of 45 mph. q• SptpNAi E- 4,

0. R 7qy‘ 0 IFFP 0 ' P
TR 3010
El. 3/1/ 25 f
Brad T or, PE *
Registered Traffic Engineer slt RAGFIF `!
355
City of Lathrop Engineering and Traffic Survey Report
Approved Date: 1/ 8/ 2024
Location Description
Segment Name: Yosemite Avenue Limits: Jefferson Way
Glacier Street
Existing Conditions
Number of lanes: 2 Lanes in Each Direction Traffic Volumes Northbound Southbound Posted Speed Limit: 45 mph Average Daily Traffic ( vehicles): 15 15 Transit Facilities: None Heavy Vehicle Percentage: 2% 2% Bicycle and Pedestrian Facilities Description ofSurrounding Area Sidewalk on the norh and south sides of the street where developed Industrial land uses fronting Yosemite Ave Vacant land
Parking Accomodations Intersection Facilities
No Parking is permitted Signalized Intersection on Yosemite Ave and Glacier St Community Facilities Collision History
None Collision Rate and Pattern Indicative of Non - Apparent No Conditons?
Current Speed Survey Data
Northbound Southbound
50th Percentile: 36 mph 30 mph
85th Percentile: 44 mph 35 mph
Nearest 5mph Increment: 45 mph 35 mph
Median: 40 mph 32. 5 mph
10 mph Pace: 35- 45 27- 37
Percent in Pace: 75% 100%
Percent Below Pace: 25% 0%
Percent Above Pace: 0% 0%
Recommended Speed Limit 45 miles per hour (mph)
Justification
Data was collected from only 4 eastbound vehicles and 2 westbound vehicles in a 3 -hour period due to the low traffic volume on this road. Data collected was insufficient to support changes to current posed speed limit of 45 mph. gt4NAL 40
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Brad lor, PE
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356
City of Lathrop Engineering and Traffic Survey Report
Approved Date: 1/ 8/ 2024
Location Description
Segment Name: Yosemite Court Limits: Yosemite Ave
End of Roadway
Existing Conditions
Number of lanes: 1 lane in each direction Traffic Volumes Northbound Southbound Posted Speed Limit: N/ A Average Daily Traffic (vehicles): 120 120 Transit Facilities: None Heavy Vehicle Percentage: 8% 51% Bicycle and Pedestrian Facilities Description of Surrounding Area None Commercial use to the south
Vacant land to the north
Dirt/ gravel shoulder on south side of the street
Drainage ditch on north side of the street
Parking Accomodations Intersection Facilities
Parking is not Permitted Dead End at south side of the street Stop on Yosemite Court at Yosemite Ave intersection
Community Facilities Collision History
None Collision Rate and Pattern Indicative of Non -Apparent No Conditons?
Current Speed Survey Data
Northbound Southbound
50th Percentile: 31 mph 36 mph
85th Percentile: 38 mph 44 mph
Nearest 5mph Increment: 40 mph 45 mph
Median: 31 mph 36 mph
10 mph Pace: 27- 36 32- 41
Percent in Pace: 56% 50%
Percent Below Pace: 18% 32%
Percent Above Pace: 26% 18%
Recommended Speed Limit: 40 miles per hour (mph)
Justification
1) Data was collected from only 34 northbound vehicles and 22 southbound vehicles in a 3 -hour period due to the low traffic volume intersections and number of industrial warehouse driveways. Rounding the recommended speed limit down to 40 mph from the 85th determined to be appropriate in compliance with CVC Section 22358. 6 on this road; (2) Proximity
percetile of 45 mph was
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357
City of Lathrop Engineering and Traffic Survey Report
Approved Date: 2/ 12/024
Location Description
Segment Name: Stanford Crossing Drive Limits: Spartan Way Barbara Terry Boulevard
Existing Conditions
Number of lanes: 1 Lane in Each Direction Traffic Volumes Northbound Southbound Posted Speed Limit: 30 mph Average Daily Traffic ( vehicles): 500 740 Transit Facilities: None Heavy Vehicle Percentage: < 1% < 1% Bicycle and Pedestrian Facilities Description of Surrounding Area Sidewalk on both sides of street
Class 11 bicycle facilities on both sides of street
Residential subdivision ( not fronting Stanford Crossing Drive) Lathrop High School on Spartan Way (north end of Stanford Crossing) Parking Accommodations Intersection Facilities
No parking is permitted Roundabout at intersection with Barbara Terry Boulevard Uncontrolled pedestrian crosswalk at Madrone St and Isidore Way Intersection Side street stops at Madrone St and Isidore Way
Community Facilities Collision History
None Collision Rate and Pattern Indicative of Non -Apparent No Conditions?
Current Speed Survey Data
Northbound Southbound
50th Percentile: 33 mph 35 mph
85th Percentile: 37 mph 41 mph
Nearest 5mph Increment: 35 mph 40 mph
Median: 33. 5 mph 35 mph
10 mph Pace: 29- 39 mph 30- 40 mph
Percent in Pace: 85% 73%
Percent Below Pace: 4% 10%
Percent Above Pace: 10% 17%
Recommended Speed Limit: 30 miles per hour ( mph)
Justification
Justification for Rounding Down: (1) Proximity of a residential neighborhood; ( 2) Proximity of a high school; (3) Uncontrolled pedestrian crossing at Madrone & Isidore Way. directions was determined to be appropriate in compliance with CVC Section an additional reduction from the rounded down 85th percentile is appropriate off by parents causing conditions that are not apparent to the driver along this Rounding the recommended speed limit down to 35 mph for both the northbound and southbound 22358. 6.

Justification for an Additional Reduction of 5 moll: In compliance with CVC Section 22358. 7(2), due to the proximity of a high school with a high concentration of children and child drop segment.
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358
City of Lathrop Engineering and Traffic Survey Report
Approved Date: 1/ 8/ 2024
Location Description
Segment Name: Stanford Crossing Drive Limits: Barbara Terry Boulevard Golden Valley Parkway
Existing Conditions
Number of lanes: 1 Lane in Each Direction Traffic Volumes Northbound Southbound Posted Speed Limit: 30 mph Average Daily Traffic ( vehicles): 600 600 Transit Facilities: None Heavy Vehicle Percentage: < 1% < 1% Bicycle and Pedestrian Facilities Description of Surrounding Area Sidewalk on both sides of street
Class 11 bicycle facilities on both sides of street
Residential subdivision ( not fronting Stanford Crossing Drive) Development Lot West of Barbara Terry Blvd
Parking Accomodations Intersection Facilities
No Parking is Permitted Roundabout at intersection with Barbara Terry Boulevard Traffic signal at intersection with Golden Valley Parkway Community Facilities Collision History
None Collision Rate and Pattern Indicative of Non - Apparent No Conditons?
Current Speed Survey Data
Northbound Southbound
50th Percentile: 32 mph 33 mph
85th Percentile: 37 mph 36 mph
Nearest 5mph Increment: 35 mph 35 mph
Median: 32 mph 33 mph
10 mph Pace: 27- 37 28- 38
Percent in Pace: 79% 82%
Percent Below Pace: 5% 10%
Percent Above Pace: 15% 8%
Recommended Speed Limit: 35 miles per hour (mph)
Justification
No field observed factors to justify reducing the recommended speed limit below the 85th percentile 5oONAL
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359
City of Lathrop Engineering and Traffic Survey Report
Approved Date: 2/ 12/024
Location Description
Segment Name: Barbara Terry Boulevard Limits: Stanford Crossing Adobe Way
Existing Conditions
Number of lanes: 1 Lane in Each Direction Traffic Volumes Northbound Southbound Posted Speed Limit: 35 mph Average Daily Traffic ( vehicles): 600 600 Transit Facilities: None Heavy Vehicle Percentage: < 1% < 1% Bicycle and Pedestrian Facilities Description of Surrounding Area Sidewalk on both sides of street
Class II bicycle facilities on both sides of street
Residential subdivision on both sides of street ( not fronting Barbara Terry Blvd) Parking Accommodations Intersection Facilities
No Parking is Permitted Roundabout at Stanford Crossing Uncontrolled pedestrian crosswalk at the Rosedale Way intersection Side street stops at Rosedale Way intersection
Uncontrolled pedestrian crosswalk at the Sierra Mar Road intersection Side street stops at Sierra Mar Road intersection
All -way stop at Adobe Way and Barbara Terry Blvd Intersection Community Facilities Collision History
None Collision Rate and Pattern Indicative of Non - Apparent No Conditions?
Current Speed Survey Data
Northbound Southbound
50th Percentile: 39 mph 39 mph
85th Percentile: 44 mph 45 mph
Nearest 5 mph Increment: 45 mph 45 mph
Median: 39 mph 39 mph
10 mph Pace: 34- 44 34- 44
Percent in Pace: 69% 71%
Percent Below Pace: 17% 13%
Percent Above Pace: 14% 16%
Recommended Speed Limit: 35 miles per hour ( mph)
Justification
Justification for Rounding Down: (1) Proximity of a residential subdivision; (2) Two uncontrolled pedestrian crossings; (3) Class II bike lanes with no buffer. Rounding the was determined to be appropriate in compliance with CVC Section 22358. 6. an additional reduction from the rounded down 85th percentile is appropriate due recommended speed limit down to 40 mph for both the northbound and southbound directions Justification for an Additional Reduction of 5 mph: In compliance with CVC Section 22358. 7(2), to the proximity of a high school with a high concentration of children along this segment. ss‘ ONAL E4, 0,
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360
City of Lathrop Engineering and Traffic Survey Report
Approved Date: 2/ 12/024
Location Description
Segment Name: Barbara Terry Boulevard Limits: Stanford Crossing Central Pacific Street
Existing Conditions
Number of lanes: 1 Lane in Each Direction Traffic Volumes Northbound Southbound Posted Speed Limit: N/ A Average Daily Traffic ( vehicles): 300 300 Transit Facilities: None Heavy Vehicle Percentage: < 1% < 1% Bicycle and Pedestrian Facilities Description of Surrounding Area Sidewalk on both sides of street Residential subdivision ( not fronting Barbara Terry Blvd) Homes fronting Barbara Terry Boulevard north of Central Pacific Street Parking Accommodations Intersection Facilities
Parking prohibited from Stanford Crossing to Sunol Street Parking permitted from Sunol Street to Central Pacific Street Roundabout at Stanford Crossing
Uncontrolled pedestrian crosswalk at the Sunol St and Barbara Terry Blvd Intersection
Side street stops at Sunol St and Barbara Terry Blvd Intersection Uncontrolled pedestrian crosswalk at the Central Pacific St and Barbara Terry Blvd Intersection
Side street stops at Central Pacific St and Barbara Terry Blvd Intersection Community Facilities Collision History
Leland and Jane Stanford Park at the north end of Barbara Terry Boulevard Collision Rate and Pattern Indicative of Non - Apparent No Conditions?
Current Speed Survey Data
Northbound Southbound
50th Percentile: 28 mph 28 mph
85th Percentile: 31 mph 33 mph
Nearest 5mph Increment: 30 mph 35 mph
Median: 28 mph 28 mph
10 mph Pace: 23- 33 23- 33
Percent in Pace: 84% 86%
Percent Below Pace: 10% 2%
Percent Above Pace: 6% 12%
Recommended Speed Limit: 25 miles per hour ( mph)
Justification
Justification for Rounding Down: (1) Proximity of a residential neighborhood; ( 2) Proximity of a neighborhood park. Rounding the recommended speed limit down to 30 mph for both the northbound and southbound directions was determined to be appropriate in compliance with CVC Section 22358. 6.

Justification for an Additional Reduction of 5 mph: In compliance with CVC Section 22358. 7(2), an additional reduction from the rounded down 85th percentile is appropriate due to the proximity of a high school with a high concentration of children along this segment. 440FQtsspoNAL E, v
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361
City of Lathrop Engineering and Traffic Survey Report
Approved Date: 1/ 8/ 2024
Location Description
Segment Name: Golden Valley Parkway Limits: Brookhurst Boulevard Sadler Oak Drive
Existing Conditions
Number of lanes: 1 Lane in Each Direction Traffic Volumes Northbound Southbound Posted Speed Limit: 45 mph Average Daily Traffic ( vehicles): 350 350 Transit Facilities: None Heavy Vehicle Percentage: < 1% < 1% Bicycle and Pedestrian Facilities Description ofSurrounding Area Sidewalk on both sides of Golden Valley Parkway Apartment complex on the southeast side Residential area on the southwest side separate by sound wall Vacant land on the north sides
Parking Accomodations Intersection Facilities
No parking is permitted All -way stop at Brookhurst Blvd and Golden Valley Parkway intersection Southbound stop at Sadler Oak Drive and Golden Valley Parkway Intersection Community Facilities Collision History
None Collision Rate and Pattern Indicative of Non -Apparent Pb Conditions?
Curren Speed Survey Data
Northbound Southbound
50th Percentile: 41 mph 43 mph
85th Percentile: 47 mph 48 mph
Nearest 5mph Increment: 45 mph 50 mph
Median: 41 mph 44 mph
10 mph Pace: 37- 46 39- 48
Percent in Pace: 62% 64%
Percent Below Pace: 22% 20%
Percent Above Pace: 17% 15%
Recommended Speed Limit: 45 miles per hour ( mph)
Justification
1) The 85th percentile for the northbound direction is 47 mph; (2) Golden Valley Parkway traffic volume); (3) Proximity of residential subdivisions on the east and west sides of southbound direction was determined to be appropriate in compliance with CVC Section is not yet fully constructed ( inside lanes and median to be constructed Golden Valley Parkway. Rounding the recommended speed limit down to 45 22358. 6
when warranted by
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362
City of Lathrop Engineering and Traffic Survey Report
Approved Date: 1/ 8/ 2024
Location Description
Segment Name: Riverfront Drive Limits: Somerston Parkway Bosch Avenue
Existing Conditions
Number of lanes: 1 lane in each direction Traffic Volumes Northbound Southbound Posted Speed Limit: 25 mph Average Daily Traffic ( vehicles): 480 480 Transit Facilities: None Heavy Vehicle Percentage: < 1% < 1% Bicycle and Pedestrian Facilities Description of Surrounding Area Sidewalk on south side of the street
Levee path on north side of the street
Class 1 from levee to Dell' Osso Dr with mid -block uncontrolled crossing Pedestrian mid -block uncontrolled crossing
Levee on north side
Residential subdivision on south side ( not fronting Riverfront Dr) Parking Accomodations Intersection Facilities
Parking permitted on south side of the street
Parking not permitted on north side of the street
3 -Way stop at Rosamond Street and Riverfront Dr intersection 3 -Way stop at Bach Dr and Riverfront Dr intersection
3 -Way stop at Bosch Avenue and Riverfront Dr intersection 2 -Way stop at Somerston Parkway and Riverfront Dr intersection Side street stop at Chopin Ct and Riverfront Dr intersection Side street stop at Bernstein Ave and Riverfront Dr intersection Side street stop at Strauss Court and Riverfront Dr intersection Community Facilities Collision History
EPIC K- 8School southwest proximity
River Islands Welcome Center and Fields southeast proximity Collision Rate and Pattern Indicative of Non -Apparent No Conditons?
Current Speed Survey Data
Northbound Southbound
50th Percentile: 34 mph 35 mph
85th Percentile: 40 mph 41 mph
Nearest 5mph Increment: 40 mph 40 mph
Median: 34 mph 35 mph
10 mph Pace: 30-9 31- 40
Percent in Pace: 67% 64%
Percent Below Pace: 17% 18%
Percent Above Pace: 16% 19%
Recommended Speed Limit: 35 miles per hour ( mph)
Justification
1) Proximity of residential subdivision; (2) Two curves with mid -block uncontrolled pedestrian and bike facilities near curves; (3) Access subdivision and regional Class I trail crosses Riverfront Drive. Rounding the recommended speed limit down to 35 mph from the 85th determined to be appropriate in compliance with CVC Section 22358. 6 from residential
percetile of 40 mph was
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ITEM 5. 2

CITY MANAGER' SREPORT
FEBRUARY 12, 2024 REGULAR CITY COUNCIL MEETING
ITEM: PUBLIC HEARING ( PUBLISHED NOTICE) TO

CONSIDER COMMUNITY DEVELOPMENT BLOCK

GRANT ( CDBG) AND HOME INVESTMENT

PARTNERSHIP ACT ( HOME) PROGRAM ALLOCATIONS
FOR FISCAL YEAR 2024/025
RECOMMENDATION: Council to Consider the Following:

1. Hold a Public Hearing; and

2. Adopt Resolution Recommending the Allocation of
the CDBG and HOME Funds for FY 2024/025 for
consideration by San Joaquin County and the US
Department of Housing and Urban Development
HUD) pursuant to Budget Amendments
SUMMARY:

Each year the City of Lathrop ( City) receives an allocation of Community Development Block Grant ( CDBG) and HOME Investment Partnership Act ( HOME) funds. Both programs are funded by the U. S. Department of Housing and Urban Development HUD), and administered by San Joaquin County ( COUNTY), under an Urban Cooperative Agreement between San Joaquin County and the cities of Escalon, Lathrop, Manteca, Ripon, and Tracy.

The County guidelines are in place to help meet the needs of the community and the requirements set forth by HUD. Important highlights of these guidelines are as follows:

Multi -entitlement agencies must apply directly to San Joaquin County for both County and City funding.

The minimum award for public service grant requests should be at least 5, 000.0, unless prior approval received from San Joaquin County.

Cities will be recommending the local allocation of funds for final approval by the San Joaquin County Board of Supervisors and HUD.

For fiscal year 2024/025, the City of Lathrop anticipates an allocation of $94, 170 in CDBG funds and $ 33, 893 in HOME funds. Final allocation numbers are determined upon Federal Budget approvals, which will be proportionally increased or decreased from the estimated funding levels to match the actual allocation amounts.

No more than fifteen percent ( 15%) of the allocated CDBG funds may be designated toward Public Service organizations with the remaining eighty- five percent ( 85%) designated toward Public/ Capital Facility projects. HOME funds may be allocated to eligible program( s) administered by the County.
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FEBRUARY 12, 2024 CITY COUNCIL REGULAR MEETING

PUBLIC HEARING ( PUBLISHED NOTICE) TO CONSIDER CDBG AND HOME FUNDING ALLOCATIONS FOR FISCAL YEAR 2024/025
City Council must conduct a public hearing to consider funding requests from eligible applicants, prior to finalizing recommendations of local CDBG and HOME funding allocations. Staff published a legal advertisement on December 15, 2023 to promote the availability of CDBG and HOME funds and to solicit eligible applicants. A second legal advertisement was published on January 31, 2024 to announce the public hearing date to consider CDBG and HOME funding allocations for FY 2024/025.

Multi -entitlement agencies serve residents of multiple cities throughout the County, therefore these agencies are required to submit one application to San Joaquin County for individual local agency funding requests.

There were four ( 4) multi -entitlement agency applications submitted for CDBG Public Service' sfunding, five ( 5) applications submitted directly to the City for consideration of a local Public Service grant, one ( 1) application received for a Public Facilities grants, and zero ( 0) applications received for HOME funds.

The three - step process for allocating funds to identified local activities is referenced below:

STEP 1. Allocate funding for the CDBG Public Service Organizations.

STEP 2. Allocate funding for the CDBG Public/ Capital Facility Projects.

STEP 3. Allocate HOME funds to an eligible program administered by the County.

Staff recommends that the City Council consider the information provided at the public hearing, staff' presentation, and Lathrop' s Scoring Committee' sproposed funding allocations for CDBG' spublic service grants, public facility grants, and the HOME funds for fiscal year 2024/025. City Council maintains sole discretion to accept staff' recommendation or propose recommended funding allocations toward eligible applicant projects or services they deem in the best interest to meet community and resident needs.

BACKGROUND:

The City of Lathrop, in accordance with the Urban Cooperative Agreement with San Joaquin County, will make recommendations to allocate the anticipated amount of CDBG funds to Public Service organization( s), Public/ Capital Facility project( s), and HOME funds as follows:

CDBG
Public Service Awards ( 15%): $ 14,70
Public/ Capital Facility Projects ( 85%): $ 80, 300
Total anticipated CDBG Allocation: $ 94, 470
HOME Funds
Total anticipated HOME Funds $ 33, 893
366
CITY MANAGER' SREPORT Page 1 3
FEBRUARY 12, 2024 CITY COUNCIL REGULAR MEETING

PUBLIC HEARING ( PUBLISHED NOTICE) TO CONSIDER CDBG AND HOME FUNDING ALLOCATIONS FOR FISCAL YEAR 2024/025
STEP 1: Allocate funds to Public Service Organizations
Multi -Entitlement Agencies via County Application:

Multi -entitlement agency applicants include San Joaquin County Department of Aging, Emergency Food Bank of Stockton/ San Joaquin, San Joaquin Fair Housing, and Give Every Child a Chance ( GECAC). Each of these organizations provide services within multiple cities throughout San Joaquin County, and have applied directly to the County through the one application process to request funding from the County and Cities for which they provide services.

The following summary describes the services provided to Lathrop residents by each of the multi -entitlement agency applicants and the amount requested by each organization:

San Joaquin Fair Housing $ 1, 250
The San Joaquin Fair Housing Board is designed to further fair housing in San Joaquin County. They achieve this by educating tenants and owners on all the Federal and State Fair housing laws accomplished through direct outreach, education, mediation and virtual workshops. It is important to note that this is a HUD mandated program, which requires each jurisdiction to provide their proportionate share of the anticipated expenditures by San Joaquin Fair Housing for the fiscal year. In other words, the 1, 250 is a requirement. The program expects to benefit approximately 3, 446 Lathrop residents.

Give Every Child a Chance — Before/ After School Programs $ 6, 000 Give Every Child a Chance ( GECAC) provides free to minimal cost programs to youth in San Joaquin County. Free mentor/ tutoring to students in K - 12th grade is provided through programs called TEACH, ASAP, and BHS. In addition, bi- monthly food, activity kit distributions, and a Summer Supplemental Program ( Day Camp) are provided. The programs expect to benefit approximately 445 youth in Lathrop.

Emergency Food Bank — Mobile Farmer' sMarket $ 6, 250
The Emergency Food Bank of Stockton/ San Joaquin is requesting funding for its Mobile Farmers Market" program, which visits 70 sites throughout the cities and county. Each site is visited monthly, with a goal of providing nutrition education and increased access to fresh produce, to promote healthy lifestyles and decrease the prevalence of disease/ chronic health conditions and food insecurities to the most vulnerable populations.
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PUBLIC HEARING ( PUBLISHED NOTICE) TO CONSIDER CDBG AND HOME FUNDING ALLOCATIONS FOR FISCAL YEAR 2024/025
There are three Mobile Farmer' sMarket sites serving Lathrop for one day each month:

Joseph Widmer Elementary, Lathrop Elementary, and Grace Community Church. The program expects to serve 989 residents of Lathrop.

SJC Department of Aging — Meals on Wheels $ 1, 502
The San Joaquin County Human Services Agency' s Department of Aging & Community Services is requesting funding for its Home Delivered Meals Program Meals on Wheels", which delivers five nutritious meals once a week to homebound seniors who lack transportation and have little or no social support. The program objective is to promote better health through improved nutrition. The program expects to benefit nine ( 9) senior residents of Lathrop.

Lathrop Direct Applications:

Organizations whose programs serve specific jurisdictions are encouraged to apply directly to the Cities for CDBG grant funding. For FY 2024-5, the City of Lathrop received five ( 5) applications for a total funding request of $ 78, 388.

The following summary describes the services provided by the applicant( s) to Lathrop residents and the amount of funding requested:

City of Lathrop ( PRD — Activity Fee Assistance) $ 5, 000 The City of Lathrop' s
Parks & Recreation Department ( PRD) offers an Activity Assistance Program designed to provide financial assistance to eligible low- income families and individuals who wish to participate in recreation services and activities.

PRD services and activities may include before and after school programs, day camps, sports programs, classes, and events for seniors. Eligible individuals may use up to 250 annually, as funds are available. Seventy- five percent ( 75%) of the program fees may be covered through the Activity Fee Assistance Program with the individual or family paying the remaining percentage. The program expects to benefit 52 Lathrop residents.

City of Lathrop ( PRD — Senior Special Event Funding) $ 20,50 The City of Lathrop has an extremely active Senior Center with multiple programs running daily, including nine year special events. Over the last few years' attendance at these special events has tripled in participation. These special events offer seniors an opportunity to socialize through themed activities, entertainment and lunch. The City is committed to keeping the cost low at $ 5 per registration entry fee to ensure affordability for all. Low- income seniors can apply for the Recreation Fee Assistance, which brings the cost to $ 1. 25. The average cost of food per participant ranges between $ 12 - $ 17, and the CDBG funding would help to off -set the cost. Program anticipates serving 150+ seniors at each of these special events. 368
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FEBRUARY 12, 2024 CITY COUNCIL REGULAR MEETING

PUBLIC HEARING ( PUBLISHED NOTICE) TO CONSIDER CDBG AND HOME FUNDING ALLOCATIONS FOR FISCAL YEAR 2024/025
SJ-BDC (Digital Marketing Workshop Series) $ 5, 000
The San Joaquin Small Business Development Center ( SJ- SBDC) is devoted to accelerating small business success and driving economic growth in San Joaquin, Amador, Calaveras, and Alpine counties. The center hosts a team of business advisors from diverse backgrounds to help small businesses start, grow, and thrive with business resiliency as the primary focus of discussion between the business advisors and small business owners and entrepreneurs. To assist small business owners and entrepreneurs in the City of Lathrop create, grow, and develop their businesses, the SJ-BDC is developing a Digital Marketing Workshop Series to expand clientele and increase business activities. The modules will include areas of focus around online marketing, website elements, search engine optimization, and Google services. The workshops and other SJ-BDC services will be offered to Lathrop small businesses and entrepreneurs at no charge. Program anticipates serving 25 small businesses in the City of Lathrop.

Ready to Work ( Empower to Work: Lathrop) $ 40, 138. 22 Ready to Work focuses on workforce development through training and development, upskilling, job placement, and meeting client needs through supportive services.

Ready to Work was awarded a grant by the California Workforce Development Board' s Helping Justice -Involved Reenter Employment ( HIRE) initiative to meet the needs of the justice -impacted individuals. However, it has been determined that there is also a need to help client families advance economically. Empower to Work: Lathrop, will be designed to supplement the services and training that will be provided to the member of the household that is justice -involved. CDBG funding will be used to mirror the program for other members of the household that are not justice -impacted, offering them work experience under our new projects —Empowerment Garden, Enliven Espresso, and Educate & Equip. Program anticipates serving 25 Lathrop residents.

PREVAIL CA ( PROPEL) $ 8, 000
PREVAIL CA, formerly Women' s Center - Youth & Family Services, is seeking funding to support the expansion of its street outreach efforts within the City of Lathrop through PROPEL ( Providing Resources and Opportunities for Peers Experiencing Life) program. The program offers comprehensive youth services designed to prevent and end youth homelessness. It will expand peer -to -peer outreach and resources for youth experiencing life challenges, such as homelessness. PREVAIL efforts anticipate reaching 25 of Lathrop' syoung adults, not older than 25 years of age, who are experiencing homelessness or at risk of experiencing homelessness.

The Lathrop Ranking and Scoring Committee reviewed the applications and recommends allotment to each qualified public service organization as follows:
369

CITY MANAGER' SREPORT
FEBRUARY 12, 2024 CITY COUNCIL REGULAR MEETING

PUBLIC HEARING ( PUBLISHED NOTICE) TO CONSIDER CDBG AND HOME FUNDING ALLOCATIONS FOR FISCAL YEAR 2024/025

PUBLIC SERVICE ORGANIZATIONS ALLOTMENT SUMMARY

Organization
Requested
Amounts for
FY 24/5
Recommended
Allotment for
FY 24/5
Give Every Child a Chance ( GECAC) 6, 000 5, 420
San Joaquin Fair Housing 1, 250 1, 250
Emergency Food Bank ( Mobile Farmers Market) 6, 250 1, 250 SJC Dept of Aging ( Meals on Wheels) 1, 502 1, 250
Lathrop PRD ( Senior Special Event Funding) 20,50 5, 000 TOTAL FUNDS 35, 252 14,70. 0
STEP 2: Allocate Funds for Public/ Capital Facility Project( s) The City of Lathrop anticipates $ 80, 300 of CDBG funds to be available for eligible public/ capital facility projects.

One application was received by the City' sPublic Works Department for a project focused on Removal of Architectural Barriers at East Lathrop Public Parks for ADA compliance:

City of Lathrop - ( PW - Park Architectural Barrier Removal) $ 335, 000 The City of Lathrop' sPublic Works Department is requesting CDBG grant funding to assist with the removal of architectural barriers at East Lathrop Public Parks to meet ADA compliance and allow access to everyone. The project sites include Apolinar Sangalang Park, Woodfield Park, Valverde Park, Thomson Park, Armstrong Park, and Libby Park. Improvements areas would include: pathways and surfaces, entrances and exits, restrooms, parking, seating areas, playgrounds, communication, lighting, recreational facilities, information, and emergency evacuation.

STEP 3: Allocate Home Funds
The estimated HOME fund allocation for FY 2024-5 is $ 33, 893. The City of Lathrop participates in two eligible HOME loan programs - the Homebuyer Down - Payment Assistance ( GAP) and the Lathrop Housing Rehabilitation Program. Both programs provide low -interest loans for qualified low- income households. The City advertises these programs through the City website, Channel 97, Newsletters, and through flyers distributed at City Hall, Community Center, Senior Center and the library.

San Joaquin County administers the HOME fund applications, contracts, and program disbursements. According to County records, the current balance for the Lathrop Housing Rehabilitation program is $ 147, 655. The GAP program has a balance of 10, 000.
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FEBRUARY 12, 2024 CITY COUNCIL REGULAR MEETING

PUBLIC HEARING ( PUBLISHED NOTICE) TO CONSIDER CDBG AND HOME FUNDING ALLOCATIONS FOR FISCAL YEAR 2024/025
As of January 29, 2024, the County reported that the Lathrop Housing Rehabilitation program has assisted the following number of households: two ( 2) completed rehabilitation loans, nine ( 9) with full rehabilitation loans, seven ( 7) with roof/ HVAC grants, two ( 2) are prequalified pending inspections, and one _(1) is in progress.

The Homebuyer Down Payment Assistance Program ( GAP) has not been utilized for the past ten ( 10) years. Due to the rising cost of housing and interest rates, residents who qualify under HUDs low income guidelines find it difficult to qualify for home purchases.

Staff recommends that $ 10, 000 of the HOME Funds be allocated toward the GAP program with the remaining balance of $23, 893 allocated toward the Lathrop Housing Rehabilitation Loan Program.

RECOMMENDATION:

Staff recommends that the City Council consider the information given at the public hearing and during the staff presentation to make a funding recommendation to allocate the 2024/025 fiscal year CDBG and HOME program funds pursuant to budget amendments as follows:

Step 1: Allocate CDBG funds to Public Service Organizations ($ 14,70) as indicated on the Lathrop Scoring and Ranking Committee Recommendations Attachment B).

Step 2: Allocate
East
CDBG Public/ Capital Facility funds ($ 80, 300) to the City of Lathrop' s Lathrop Public Park Architectural Barrier Removal Project.

Step 3: Allocate HOME funds ($ 33, 893) to the GAP program and Housing Rehabilitation Programs administered by the County as indicated on the Lathrop Scoring & Ranking Committee Recommendations ( Attachment B).

FISCAL IMPACT:

Staff time to review the applications, prepare this report, presentation, audit, and manage this program.
to
The
accommodate
County' sdisbursement
the CDBG
process requires the City to set up a separate account( s) reimbursement program. Because the proposed
applicant( s) have been awarded CDBG grants in the past, all necessary accounts are in place and funded according to this requirement. The only exception will be an increase in the revenue account to accommodate the Public Facilities award for East Lathrop Public Park Architectural Barrier Removal Project through a budget adjustment for CIP GG 25- 02.
371
CITY MANAGER' SREPORT Page 1 8
FEBRUARY 12, 2024 CITY COUNCIL REGULAR MEETING

PUBLIC HEARING ( PUBLISHED NOTICE) TO CONSIDER CDBG AND HOME FUNDING ALLOCATIONS FOR FISCAL YEAR 2024/025
Staff is requesting the following budget amendments to accommodate the CDBG FY 2024/025 allocations for Public Service and Public Facility Grants:

Increase Revenues
2650- 1130- 33- 01-0 Intergov. Federal - CDBG CC $ 85, 300 Increase Transfer Out
2650- 9900-90- 9- 1 CDBG Fund Transfer Out - Public Agency $ 85, 300 Increase Transfers In
1010- 9900- 393- 00- CDBG Transfer In - Public Agency $ 5, 000 3010- 9900- 393- 00-Increase Transfer CIP GG 25- 02 $ 80, 300 Increase Expenses
3010- 8000- 420- 12- 00 Increase Expense CIP GG 25- 02 $ 80, 300 1010- 3021- 430- 2- 0 Increase Expense $ 5, 000
GOALS ADVANCED BY THIS AGENDA:

The proposed Resolution promotes Public Safety by providing funding for those in need of assistance and support.

ATTACHMENTS:

A) Resolution Recommending the Allocation of the Community Development Block Grant and Home Investment Program Funds for FY 2024/025.

B) FY 2024/025 - CDBG/ HOME Grant Applications, Scoring and Ranking Committee Recommendations
372
CITY MANAGER' SREPORT Page 1 9
FEBRUARY 12, 2024 CITY COUNCIL REGULAR MEETING

PUBLIC HEARING ( PUBLISHED NOTICE) TO CONSIDER CDBG AND HOME FUNDING ALLOCATIONS FOR FISCAL YEAR 2024/025
APPROVALS:

Shelley Burcha
Economic Development Administrator
Cari Ja
Director o' Finance
Date
5-22)

0. l4todr{
Date
z../ 40,/ z4- 1
Salvador Navarrete Date
City Attorney
Step en J. Salvatore Date
City Manager
373
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP

RECOMMENDING THE ALLOCATION OF THE COMMUNITY DEVELOPMENT

BLOCK GRANT AND HOME INVESTMENT PROGRAM FUNDS FOR FISCAL YEAR 2024/025 PURSUANT TO BUDGET AMENDMENTS
WHEREAS, the City anticipates it will receive an estimated allocation of 94, 470 for Community Development Block Grant ( CDBG) and $ 33, 893 for the HOME Investment Program ( HOME) for Fiscal Year ( FY) 2024-025; and WHEREAS, the City of Lathrop has properly published a 30 -day public notice of availability of funds for the programs in accordance with HUD regulations; and WHEREAS, the City Council has determined in accordance with the California Environmental Quality Act, Article 18, Section 15273, that this item is statutorily exempt because CEQA does not apply to the establishment or modification of HUD funding programs to public agencies which are to meet community needs; and WHEREAS, the City Council conducted a duly noticed public hearing on February 12, 2024 to consider applications for CDBG and HOME Funds for FY 2024- 2025, has considered the information given at the public hearing and during the staff presentation, and determines that the recommended allocations represent the community needs in Lathrop; and
WHEREAS, the recipients of CDBG funding are required to enter into an agreement with the City to ensure that funds are spent in accordance with HUD regulations.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lathrop, does hereby recommend the following public service agencies and allocated amounts for funding in the Fiscal Year 2024/025 for the CDBG program:

Public Service Organizations Allocations
Give Every Child a Chance ( GECAC) 5, 420
San Joaquin Fair Housing 1, 250
Stockton/ San Joaquin Emergency Food Bank ( Mobile Farmers Market) 1, 250 SJC Dept. of Aging ( Meals on Wheel) 1, 250
Lathrop PRD ( Senior Special Events) 5, 000
Total Allocation ( 15% of $94, 470) $ 14,70. 0
BE IT FURTHER RESOLVED that the City does hereby recommend allocating 80, 300 of the Public/ Capital Facility funds to the City of Lathrop' sPublic Works for the East Lathrop Public Parks Removal of Architectural Barriers project CIP GG 25- 02; and
BE IT FURTHER RESOLVED that the City does hereby recommend allocating $ 23, 893 of the HOME Program funds to the Lathrop Property Rehabilitation Resolution No. 24-
374
Loan Program and $ 10, 000. to the GAP Loan Program for down payment assistance.

BE IT FURTHER RESOLVED that the City Council authorizes CDBG and HOME fund allocations pursuant to the following budget amendments for FY 2023/024.

Increase Revenues
2650- 1130- 33- 01-0 Intergov. Federal - CDBG CC $ 85, 300 Increase Transfer Out
2650- 9900-90- 9- 1 CDBG Fund Transfer Out - Public Agency $ 85, 300 Increase Transfers In
1010- 9900- 393- 00- CDBG Transfer In - Public Agency $ 5, 000 3010- 9900- 393- 00-Increase Transfer CIP GG 25- 02 $ 80, 300 Increase Expenses
3010- 8000- 420- 12- 00 Increase Expense CIP GG 25- 02
1010- 3021- 430- 2- 0 Increase Expense
80, 300
5, 000
Resolution No. 24-
375
PASSED AND ADOPTED this 12th day of February 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 Resolution No. 24-
376

ATTACHMENT B
FY 2024/025 - CDBG/ HOME GRANT APPLICATIONS

SCORING AND RANKING COMMITTEE RECOMMENDATIONS
A. PUBLIC FACILITY APPLICATIONS FUNDING
AVAILABLE FUNDING 80, 300

APPLICANT PROGRAM REQUEST RECOMMENDATION

1. City of Lathrop ( PW) Removal of Architectural Barriers at East Lathrop Parks
335, 000 80, 300
B. PUBLIC SERVICE APPLICATIONS FUNDING
AVAILABLE FUNDING 14,70

APPLICANT PROGRAM REQUEST RECOMM ENDATION

1. City of Lathrop ( PRD) Senior Special Events 20,50 5, 000 Multi -City Agencies

2. GECAC After School Program 6, 000 5, 420

3. San Joaquin Fair
Housings
HUD Mandated Services 1, 250 1, 250

4. Emergency Food Bank
of Stockton/ San
Joaquin
Mobile Farmers Market 6, 250 1, 250

5. SJC Dept. of Aging Meals on Wheels 1, 502 1, 250
TOTAL FUNDING REQUEST 35, 252 14,70
C. HOME FUNDS
AVAILABLE FUNDING 33, 893. 00

PROGRAM BALANCE RECOMMENDATION
GAP PROGRAM — DOWNPAYMENT ASSISTANCE 10, 000 10, 000
HOUSING REHABILITATION LOAN PROGRAM 147, 655 23, 893
NOTES:

A) Public Facility Grant funding is the total CDBG allocation less 15% for Public Services. CDBG Allocation for FY 2024/025 have been based on FY 2023/024 final allocation numbers of $ 94, 470.

B) Awards for Public Service Applications submitted directly to the City must be a minimum of $5, 000, unless prior approval is received by San Joaquin County. Multi - County agencies who have applied through the County may be awarded less than the $ 5, 000 minimum and recommendations are up to the discretion of the City Council.

C) HOME funds have been awarded toward the Housing Rehabilitation Program since 2018. There is a total of 147, 655 remaining in Lathrop' s program. Awards are issued on a first -come, first -serve basis for all applications received throughout San Joaquin County.

GAP Program — Downpayment Assistance is rarely used in the County due to the high price of homes and households not able to meet the income qualification to purchase a home. s
HUD mandated program, which requires each jurisdiction to provide their proportionate share of the anticipated expenditures by San Joaquin Fair Housing for the fiscal year. 377

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INTENTIONALLY
BLANK
378
CITY MANAGER' SREPORT ITEM 5. 3
FEBRUARY 12, 2024 CITY COUNCIL REGULAR MEETING
ITEM: PUBLIC HEARING ( PUBLISHED NOTICE) TO AMEND
AND

PARTICIPATION

RESTATE
IN
THE

THE STATEWIDE

CITY OF

COMMUNITY

LATHROP' S

INFRASTRUCTURE PROGRAM
RECOMMENDATION: Council to Consider the Following:

1. Hold a Public Hearing; and

2. Adopt a Resolution Amending and Restating the
City of Lathrop' sParticipation in the Statewide
Community Infrastructure Program; Authorizing
the California Statewide Communities
Development Authority to Accept Applications
From Property Owners, Conduct Special
Assessment Proceedings and Levy Assessments
and Special Taxes and to Form Assessment
Districts and Community Facilities Districts
Within the Territory of the City of Lathrop;
Embodying a Joint Community Facilities
Agreement Setting Forth the Terms and
Conditions of Community Facilities District
Financings; Approving Form of Acquisition
Agreement for Use When Applicable; and
Authorizing Related Actions
SUMMARY:

The California Statewide Communities Development Authority ( CSCDA) is a joint powers authority sponsored by the League of California Cities and the California State Association of Counties. Currently, 530 cities, counties and special districts throughout California are members of CSCDA, including the City of Lathrop.

In 2002, CSCDA instituted a Statewide Community Infrastructure Program ( SCIP) to allow owners of property in participating cities and counties to finance development impact fees that are payable by property owners upon receiving development entitlements or building permits through pooled special assessment district programs.

The City of Lathrop joined SCIP in 2012, and participated in the SCIP 2018B bond series for the 17100 Murphy Park project, funding approximately $ 1. 7 million of development impact fees through a SCIP assessment district.

Since the City joined, SCIP has expanded the program to include financing of public capital improvements directly in addition to just fees, and has further expanded to include community facilities districts ( CFDs). In order for the City' s developers to take advantage of the expanded financing the City Council will need to amend and restate the City' s current participation resolution ( Resolution No. 12- 3313). 379

CITY MANAGER' S REPORT
FEBRUARY 12, 2024 CITY COUNCIL REGULAR MEETING

SCIP PROGRAM PARTICIPATION
BACKGROUND:

PAGE 2
The California Statewide Communities Development Authority ( CSCDA) is a joint powers authority sponsored by the League of California Cities and the California State Association of Counties. Currently, 530 cities, counties and special districts throughout California are members of CSCDA, including the City of Lathrop.

In 2002, CSCDA instituted a Statewide Community Infrastructure Program ( SCIP) to allow owners of property in participating cities and counties to finance the development impact fees that would be payable by property owners upon receiving development entitlements or building permits through pooled special assessment district programs. Since its inception, SCIP has issued over $ 1 billion in land secured special assessment and CFD bonds for development projects in California.

The City of Lathrop joined SCIP in 2012, and participated in the SCIP 2018B bond series for the 17100 Murphy Park project, funding approximately $ 1. 7 million of development impact fees through a SCIP assessment district.

Since the City joined, SCIP has expanded the program to include financing of public capital improvements directly in addition to just fees, and has now further expanded to include CFDs. By adding CFDs, developers can finance a broader range of City fees, such as police, fire, library, general city fees and housing in -lieu fees. It also allows the developer more flexibility in adjusting tax rates by specific product type, assist in forming separate improvement areas when projects need to be phased, and provides for more facilities to be financed similar in type to the fees.

With a City approved applications, Property owners may select public capital improvements, facilities and/ or development impact fees owed to the City to be financed by the issuance of tax- exempt CSCDA bonds. CSCDA will form the district and impose an assessment or special tax, as applicable, on the owner' s property to
repay the portion of the bonds issued to finance the fees paid with respect to the property ( no one developer within the SCIP pool is responsible for the payment related to any other project).

With respect to impact fees, the property owner will either pay the impact fees at the time of permit issuance, and will be reimbursed from the SCIP bond proceeds when the SCIP bonds are issued, or the fees will be funded directly from the proceeds of the SCIP bonds. In both cases, the fees are subject to requisition by the City at any time to make authorized fee expenditures, and the City is never at risk for payment of its fees. If improvements or facilities are contemplated, the proposed Amended and Restated SCIP Resolution includes a form of acquisition agreement, which outlines how a developer will be reimbursed for improvements as they are certified complete by the City.
380

CITY MANAGER' SREPORT
FEBRUARY 12, 2024 CITY COUNCIL REGULAR MEETING

SCIP PROGRAM PARTICIPATION
PAGE 3
The benefits to the property owner include:

Only property owners who choose to participate in the program will have assessments or special taxes imposed on their property.

Instead of paying cash for public capital improvements and/ or development impact fees, the property owner receives low- cost, long- term tax- exempt financing of those fees, freeing up capital for other purposes.

The property owner can choose to pay off the assessments or special taxes at any time.

For home buyers, paying for the costs of public infrastructure through an assessment or special tax is superior to having those costs " rolled" into the cost of the home. Although the tax bill is higher, the amount of the mortgage is smaller, making it easier to qualify. Moreover, because the assessment/ special tax financing is at tax- exempt rates, it typically comes at lower cost than mortgage rates.

Owners of smaller projects, both residential and commercial, can have access to tax- exempt financing of infrastructure. Before the inception of SCIP, only projects large enough to justify the formation of an assessment or community facilities district had access to tax- exempt financing. SCIP can finance projects as low as $ 500, 00, which would not be economical on a stand- alone basis.

The benefits to the City include:

As in conventional assessment district and CFD financing, the City is not liable to repay the bonds issued by CSCDA or the assessments or special taxes, as applicable, imposed on the participating properties.

CSCDA handles all district formation, district administration, bond issuance and bond administration functions. A participating city, county or special district can provide tax- exempt financing to property owners through SCIP while committing virtually no staff time to administer the program.

Providing tax- exempt financing helps participating cities and counties cushion the impact of rising public capital improvements costs and development impact fees on new development. Many developers rely on assessment district or CFD financing through SCIP in making the decision to purchase land thereby improving a City' scompetitive advantage in attracting new development.

The availability of financing will encourage developers to pull permits and pay fees in larger blocks, giving the participating city, county or special district immediate access to revenues for public infrastructure, rather than receiving a trickle of revenues stretched out over time. As part of the entitlement negotiation process, the possibility of tax- exempt financing of fees can be used to encourage a developer to pay fees up front.
381

CITY MANAGER' S REPORT
FEBRUARY 12, 2024 CITY COUNCIL REGULAR MEETING

SCIP PROGRAM PARTICIPATION
PAGE 4
In some cases, the assessments or special taxes on successful projects can be refinanced through refunding bonds. Savings achieved through a refinancing may be directed to lower property taxes subject to applicable federal tax limitations.

The proposed Amended and Restated Resolution authorizes CSCDA to accept applications from owners of property within the City' s planning jurisdiction to apply for tax- exempt financing of public capital improvements and development impact fees through SCIP. It also authorizes CSCDA to form assessment districts and community facilities districts within the City' s boundaries, conduct assessment and special tax proceedings and levy assessments and special taxes against the property of participating owners. The authorization of CSCDA to form assessment districts within the City' s boundaries, conduct assessment proceedings, and levy assessments against the property of participating owners previously approved by this City Council will remain in effect.

This action will approve the form of an acquisition agreement, attached to the Amended and Restated Resolution as Exhibit B, to be entered into between the City and the participating property owner/ developer, if applicable, to provide the terms and conditions under which financing for public capital improvements will be provided and to establish the procedure for disbursement of bond proceeds to pay for completed facilities. It also authorizes miscellaneous related actions and makes certain findings and determinations required by law.

REASON FOR RECOMMENDATION:

Amending and restating the City' scurrent SCIP Resolution allows for the financing of fees and facilities through the formation of CFDs in addition to the current assessment district program. Developers can finance a broader range of City fees, such as police, fire, library, general city fees and housing in -lieu fees. In addition, developers will have more flexibility in adjusting tax rates by specific product type, assist in forming separate improvement areas when projects need to be phased, and provide for more facilities to be financed similar in type to the fees.

FISCAL IMPACT:

The only fiscal impact will be the staff time to administer the reimbursements to developers.

ATTACHMENTS:

A. Resolution
382

CITY MANAGER' SREPORT
FEBRUARY 12, 2024 CITY COUNCIL REGULAR MEETING

SCIP PROGRAM PARTICIPATION
APPROVALS:

Cari Jam
Director /• f Finance
1/ 2. 42
PAGE 5
Date
i
f/ 7 / Zazt/
Thomas Hedegard Date
Deputy City Manager
Salvador Navarrete Date
City Attorney
1zsl4
Stephen J. Salvatore Date
City Manager
383
RESOLUTION NO. 24 -

AMENDED AND RESTATED RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LATHROP AUTHORIZING THE CITY TO JOIN THE STATEWIDE COMMUNITY INFRASTRUCTURE PROGRAM; AUTHORIZING THE

CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY TO

ACCEPT APPLICATIONS FROM PROPERTY OWNERS, CONDUCT SPECIAL

ASSESSMENT PROCEEDINGS AND LEVY ASSESSMENTS AND SPECIAL TAXES

AND TO FORM ASSESSMENT DISTRICTS AND COMMUNITY FACILITIES DISTRICTS WITHIN THE TERRITORY OF THE CITY OF LATHROP;

EMBODYING A JOINT COMMUNITY FACILITIES AGREEMENT SETTING

FORTH THE TERMS AND CONDITIONS OF COMMUNITY FACILITIES
DISTRICT FINANCINGS; APPROVING FORM OF ACQUISITION AGREEMENT FOR USE WHEN APPLICABLE; AND AUTHORIZING RELATED ACTIONS WHEREAS, the California Statewide Communities Development Authority the " Authority") is a joint exercise of powers authority, lawfully formed and operating within the State pursuant to an agreement ( the " Joint Powers Agreement") entered into as of June 1, 1988 under the authority of Title 1, Division 7, Chapter 5 ( commencing with Section 6500) of the California Government Code the " JPA Law"), the members of which include numerous cities, counties and local agencies in the State of California, including the City of Lathrop ( the " City"); and WHEREAS, the Joint Powers Agreement authorizes the Authority to undertake financing programs under any applicable provisions of State law to promote economic development, the stimulation of economic activity, and the increase of the tax base within the jurisdictional boundaries of its members ( such members, the " Program Participants"); and
WHEREAS, as one of the Programs under the Joint Powers Agreement, the Authority has established the Statewide Community Infrastructure Program SCIP") to allow the financing of certain public capital improvements to be constructed by or on behalf of property owners for acquisition by the City or another public agency ( the " Improvements") and improvements eligible for funding from certain development impact fees ( the " Fees") levied in accordance with the Mitigation Fee Act ( California Government Code Sections 66000 and following) and other authority providing for the levy of fees on new development to pay for public capital improvements ( collectively, the " Fee Act") through the levy of special assessments pursuant to the Municipal Improvement Act of 1913 ( Streets and Highways Code Sections 10000 and following) (the " 1913 Act") and the issuance of improvement bonds ( the " Local Obligations") under the Improvement Bond Act of 1915 ( Streets and Highways Code Sections 8500 and following) (the " 1915 Act") upon the security of the unpaid special assessments; and WHEREAS, the " Mello - Roos Community Facilities Act of 1982," being Chapter 2.5, Part 1, Division 2, Title 5 ( beginning with Section 53311) of the Government Code of the State ( the " Mello - Roos Act") is an applicable provision of State law available to, among other things, finance public improvements necessary Resolution No. 24- Page 1 of 10
384
to meet increased demands placed upon local agencies as a result of development; and
WHEREAS, the Authority also uses SCIP to allow the financing of Fees and Improvements through the levy of special taxes and the issuance of Local Obligations under the Mello - Roos Act upon the security of the special taxes; and WHEREAS, the City desires to allow the owners of property being developed within its jurisdiction (" Participating Developers") to participate in SCIP and to allow the Authority to conduct proceedings and to form community facilities districts CFDs") and to issue Local Obligations under the Mello -Roos Act, as well as to conduct assessment proceedings to form assessment districts (" Assessment Districts") under the 1913 Act and to issue Local Obligations under the 1915 Act, to finance Fees levied on such properties and Improvements, provided that such Participating Developers voluntarily agree to participate and consent to the levy of such assessments or special taxes, as applicable; and
WHEREAS, from time to time when eligible property owners within the jurisdiction of the City elect to be Participating Developers, the Authority will conduct proceedings under the 1913 Act and the Mello - Roos Act and issue Local Obligations under the 1915 Act and the Mello - Roos Act to finance Fees payable by such property owners and Improvements and, at the conclusion of such proceedings, will levy assessments or special taxes, as applicable on such property within the territory of the City; and
WHEREAS, both the Authority and the City are " local agencies" under the Mello - Roos Act; and
WHEREAS, the Mello - Roos Act permits two or more local agencies to enter into a joint community facilities agreement to exercise any power authorized by the Mello -Roos Act; and
WHEREAS, the City desires to enter into such an agreement with the Authority to authorize the Authority to form CFDs from time to time within the territorial limits of the City to finance Fees payable by such property owners and Improvements; and
WHEREAS, the City has previously presented Resolution No. 12- 3313 of the City Council of the City of Lathrop, authorizing the City to join the Statewide Community Infrastructure Program; authorizing the California Statewide Communities Development Authority to accept applications from property owners, conduct special assessment proceedings and levy assessments within the territory of the City of Lathrop; approving a form of acquisition agreement; and authorizing related actions ( the ` Original Resolution"), and such Original Resolution was adopted on January 9, 2012; and
WHEREAS, the City now wishes to amend and restate the Original Resolution; and
Resolution No. 24- Page 2 of 10
385
WHEREAS, there has been presented to this meeting a proposed form of Resolution of Intention to be adopted by the Authority in connection with assessment proceedings ( the " ROI"), a copy of which is attached hereto as Exhibit A, and the territory within which assessments may be levied for SCIP ( provided that each Participating Developer consents to such assessment) shall be coterminous with the City' s official boundaries of record at the time of adoption of such ROI ( the Proposed Boundaries"), and reference is hereby made to such boundaries for the plat or map required to be included in this Amended and Restated Resolution pursuant to Section 10104 of the Streets and Highways Code; and WHEREAS, there has also been presented to this meeting a proposed form of Acquisition Agreement ( the " Acquisition Agreement"), a copy of which is attached hereto as Exhibit B, to be approved as to form for use with respect to any Improvements to be constructed and installed by a Participating Developer and for which the Participating Developer requests acquisition financing as part of its SCIP application; and
WHEREAS, the City will not be responsible for the conduct of any proceedings; the levy or collection of assessments or special taxes or any required remedial action in the case of delinquencies in such assessment or special tax payments; or the issuance, sale or administration of the Local Obligations or any other bonds issued in connection with SCIP; and
WHEREAS, pursuant to SCIP, the Authority periodically issues Local Obligations on behalf of the local agency participants in SCIP to provide financing for the Fees and Improvements and then concurrently issues its revenue bonds pursuant to the Marks - Roos Local Bond Pooling Act of 1985, consisting of Article 4 commencing with Section 6584) of Chapter 5, Division 7, Title 1 of the California Government Code ( the " Marks - Roos Act"), the proceeds of which are used to purchase the Local Obligations; and
WHEREAS, pursuant to Government Code Section 6586. 5, notice was published at least five days prior to the adoption of this Amended and Restated Resolution at a public hearing, which was duly conducted by this City Council concerning the significant public benefits of SCIP and the financing of the Improvements and the public capital improvements to be paid for with the proceeds of the Fees;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lathrop as follows:

Section 1. This Amended and Restated Resolution shall constitute full " local approval," under Section 9 of the Joint Powers Agreement, and under the Authority' sLocal Goals and Policies ( defined below), for the Authority to undertake and conduct proceedings in accordance herewith and under the Mello Roos Act to form CFDs with boundaries that shall be coterminous with the City' s official boundaries of record at the time of such proceedings or any portion thereof ( the Proposed Boundaries"), and to authorize a special tax and to issue bonds with respect thereto; provided that the Participating Developers, who shall be the legal Resolution No. 24- Page 3 of 10
386
owners of such property at the time of formation of the CFD, execute a written consent to the levy of special tax in connection with SCIP by the Authority and execute a ballot in favor of the formation of such CFD and the Mello - Roos Act.

Section 2. The City hereby consents to the conduct of special assessment proceedings by the Authority in connection with SCIP pursuant to the 1913 Act and the issuance of Local Obligations under the 1915 Act on any property within the Proposed Boundaries; provided, that:
1) Such proceedings are conducted pursuant to one or more Resolutions of Intention in substantially the form of the ROI; and
2) The Participating Developers, who shall be the legal owners of such property at the time of the formation of the Assessment District, execute a written consent to the levy of assessments in connection with SCIP by the Authority and execute an assessment ballot in favor of such assessment in compliance with the requirements of Section 4 of Article XIIID of the State Constitution.

Section 3. The Joint Powers Agreement, together with the terms and provisions of this Amended and Restated Resolution, shall together constitute a separate joint community facilities agreement between the City and the Authority under the Mello -Roos Act for each CFD formed. As, without this Amended and Restated Resolution, the Authority has no power to finance City Fees and/ or City Improvements ( as such terms are defined herein) in proceedings under the Mello - Roos Act to form the CFD, adoption by the Commission of the Authority of each Resolution of Intention to form a CFD under the Mello - Roos Act to finance City Fees and/ or City Improvements shall constitute acceptance of the terms hereof by the Authority with respect to such CFD.

Section 4. This Amended and Restated Resolution and the agreement it embodies are determined to be beneficial to the residents/ customers of the City and are in the best interests of the residents of the City, and of the future residents of the area within the proposed CFDs and Assessment Districts. The City hereby finds and declares that the issuance of revenue bonds by the Authority to purchase Local Obligations in connection with SCIP will provide significant public benefits, including without limitation, savings in effective interest rate, bond preparation, bond underwriting and bond issuance costs, and the more efficient delivery of local agency services to residential and commercial development within the City.

Section 5. The Authority has adopted Local Goals and Policies as required by Section 53312. 7of the Mello -Roos Act. The City approves the use of those Local Goals and Policies in connection with the formation of CFDs. The City hereby agrees that the Authority may act in lieu of the City under those Local Goals and Policies in forming and administering the CFDs.

Section 6. The Authority has prepared and will update from time to time the SCIP Manual of Procedures" (the " Manual"), and the City will handle Fee revenues and funds for Improvements for properties participating in SCIP in accordance with the procedures set forth in the Manual.

Resolution No. 24- Page 4 of 10
387
Section 7. Pursuant to the Mello - Roos Act and this Amended and Restated Resolution, the Authority may conduct proceedings under the Mello - Roos Act to form the CFDs and to have such CFDs authorize the financing of any or all of the facilities and Fees set forth on Exhibit C, attached hereto. All of the facilities, whether to be financed directly or through Fees, shall be facilities that have an expected useful life of five years or longer and are facilities that the City or other local public agencies, as the case may be, are authorized by law to construct, own or operate, or to which they may contribute revenue. Exhibit C may be modified from time to time by written agreement between an authorized representative of the Authority and of the City. The facilities are referred to herein as the Improvements," and the Improvements to be owned by the City are referred to as the " City Improvements." The Fees paid or to be paid to the City are referred to as the " City Fees."
Section 8. For Fees paid or to be paid to another agency by any particular CFD ( an " Other Local Agency"), the Authority will obtain the written consent of that Other Local Agency before issuing Local Obligations to fund such Fees, as required by the Mello - Roos Act. For the Improvements to be owned by an Other Local Agency, the Authority will separately identify them in its proceedings, and will enter into a joint community facilities agreement with such Other Local Agency prior to issuing Local Obligations to finance such Improvements, as required by the Mello - Roos Act. Each joint community facilities agreement with each Other Local Agency will contain a provision that the Other Local Agency will provide indemnification to the City to the same extent that the City provides indemnification to the Other Local Agency under the terms of this Amended and Restated Resolution.

Section 9. At the time of formation of each CFD, the City will certify to the Commission of the Authority that all of the City Improvements including the improvements to be constructed or acquired with the proceeds of City Fees to be funded by such CFD are necessary to meet increased demands placed upon the City as a result of development occurring or expected to occur within the proposed CFDs in the form attached hereto as Exhibit D. Any appropriate officer or staff of the City is authorized to execute and deliver such certificate in substantially the form attached hereto as Exhibit D, with such changes as such signatory shall approve.

Joint community facilities agreements with other local agencies will each contain a requirement that each Other Local Agency will make identical certification in connection with respect to the Improvements to be owned by, and Fees paid or to be paid to, such Other Local Agency equivalent to that made by the City in this paragraph.

Section 10. The Authority will apply the special tax collections initially as required by the documents under which any Local Obligations are issued; and thereafter, to the extent not provided in the Local Obligations documents, may pay its own reasonable administrative costs incurred in the administration of the CFDs.

The Authority will remit any special tax revenues from any particular CFD remaining after the final retirement of all related Local Obligations to the City and to the other local agencies in the proportions specified in the Authority' sproceedings. The City will apply any such special tax revenues it receives for authorized City Resolution No. 24- Page 5 of 10
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Improvements or City Fees and its own administrative costs only as permitted by the Mello - Roos Act. The joint community facilities agreements with each Other Local Agency must require the Other Local Agency to apply the special tax revenues they receive for their authorized Improvements and Fees under the CFDs and for their own related administrative costs only as permitted by the Mello -Roos Act.

Section 11. The Authority will administer the CFDs, including employing and paying all consultants, annually levying the special tax and all aspects of paying and administering the Local Obligations, and complying with all State and Federal requirements appertaining to the proceedings, including the requirements of the United States Internal Revenue Code. The City will cooperate fully with the Authority in respect of the requirements of the Internal Revenue Code and to the extent information is required of the City to enable the Authority to perform its disclosure and continuing disclosure obligations with respect to the Local Obligations and any revenue bonds, although the City will not participate in nor be considered to be a participant in the proceedings respecting the CFDs ( other than as a party to the agreement embodied by this Amended and Restated Resolution) nor will the City be or be considered to be an issuer of the Local Obligations nor any revenue bonds. The Authority is required to obtain a provision equivalent to this paragraph in all joint community facilities agreements with each Other Local Agency.

Section 12. In the event the Authority completes issuance and sale of Local Obligations, and Local Obligation proceeds become available to finance the Improvements, the Authority shall establish and maintain a special fund for each development project ( the " Acquisition and Construction Fund"). The portion of Local Obligation proceeds which is intended to be utilized to finance the Improvements and Fees shall be deposited in the Acquisition and Construction Fund. The Acquisition and Construction Fund will be available both for City Improvements and City Fees and for the Improvements and Fees pertaining to each Other Local Agency. Subaccounts shall be created as necessary.

Section 13. As respects the Authority and each Other Local Agency, the City agrees to fully administer, and to take full governmental responsibility for, the construction or acquisition of the City Improvements and for the administration and expenditure of the City Fees including but not limited to environmental review, approval of plans and specifications, bid requirements, performance and payment bond requirements, insurance requirements, contract and construction administration, staking, inspection, acquisition of necessary property interests in real or personal property, the holding back and administration of retention payments, punch list administration, and the Authority and each Other Local Agency shall have no responsibility in that regard. The City reserves the right, as respects each Participating Developer, to require the Participating Developer to contract with the City to assume any portion or all of this responsibility. The Authority is required to obtain provisions equivalent to this paragraph in the joint community facilities agreement with each Other Local Agency.

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Section 14. The City agrees to indemnify and to hold the Authority, its other members, and its other members' officers, agents and employees, and each Other Local Agency and their officers, agents and employees ( collectively, the Indemnified Parties") harmless from any and all claims, suits and damages including costs and reasonable attorneys' fees) arising out of the design, engineering, construction and installation of the City Improvements and the improvements to be financed or acquired with the City Fees. The City reserves the right, as respects each Participating Developer, to require the Participating Developer to assume by contract with the City any portion or all of this responsibility. The Authority is required to obtain a provision equivalent to this paragraph in all joint community facilities agreements with each Other Local Agency naming the City and its officers, agents and employees as Indemnified Parties with respect to each Other Local Agency' s respective Improvements and the improvements to be constructed or acquired with each Other Local Agency' s Fees.

Section 15. As respects the Authority and each Other Local Agency, the City agrees - once the City Improvements are constructed according to the approved plans and specifications, and the City and the Participating Developer have put in place their agreed arrangements for the funding of maintenance of the City Improvements - to accept ownership of the City Improvements, to take maintenance responsibility for the City Improvements, and to indemnify and hold harmless the Indemnified Parties to the extent provided in the preceding paragraph from any and all claims, etc., arising out of the use and maintenance of the City Improvements. The City reserves the right, as respects the Participating Developer, to require the Participating Developer by contract with the City to assume any portion or all of this responsibility. The Authority is required to obtain a provision equivalent to this paragraph in all joint community facilities agreements with each Other Local Agency naming the City and its officers, agents and employees as Indemnified Parties.

Section 16. The City acknowledges the requirement of the Mello - Roos Act that if the City Improvements are not completed prior to the adoption by the Commission of the Authority of the Resolution of Formation of the CFD for each respective development project, the City Improvements must be constructed as if they had been constructed under the direction and supervision, or under the authority of, the City. The City acknowledges that this means all City Improvements must be constructed under contracts that require the payment of prevailing wages as required by Section 1720 and following of the Labor Code of the State of California. The Authority makes no representation that this requirement is the only applicable legal requirement in this regard. The City reserves the right, as respects the Participating Developer, to assign appropriate responsibility for compliance with this paragraph to the Participating Developer.

Section 17. The form of the Acquisition Agreement attached hereto as Exhibit B is hereby approved, and the City Manager or such officer' s designee each, an " Authorized Officer") is authorized to execute, and deliver to the Participating Developer, the Acquisition Agreement on behalf of the City in substantially that form, with such changes as shall be approved by the Authorized Resolution No. 24- Page 7 of 10
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Officer after consultation with the City Attorney and the Authority' s bond counsel, such approval to be conclusively evidenced by the execution and delivery thereof.

Section 18. After completion of the City Improvements and appropriate arrangements for the maintenance of the City Improvements, or any discrete portion thereof as provided in Section 53313.1 of the Mello - Roos Act and in the Acquisition Agreement, to the satisfaction of the City, and in conjunction with the City' s acceptance thereof, acquisition of the City Improvements shall be undertaken as provided in the Acquisition Agreement.

Section 19. The City hereby consents to the formation of the CFDs in accordance with this Amended and Restated Resolution and consents to the assumption of jurisdiction by the Authority for the proceedings respecting the CFDs with the understanding that the Authority will hereafter take each and every step required for or suitable for consummation of the proceedings, the levy, collection and enforcement of the special tax, and the issuance, sale, delivery and administration of the Local Obligations, all at no cost to the City and without binding or obligating the City' s general fund or taxing authority.

Section 20. The terms of the Agreement embodied by this Amended and Restated Resolution may be amended by a writing duly authorized, executed and delivered by the City and the Authority, except that no amendment may be made after the issuance of the Local Obligations by the Authority that would be detrimental to the interests of the bondholders without complying with all of the bondholder consent provisions for the amendment of the bond resolutions, bond indentures or like instruments governing the issuance, delivery and administration of all outstanding Local Obligations.

Section 21. Except to the extent of the indemnifications extended to each Other Local Agency in the Agreement embodied by this Amended and Restated Resolution, and the City' s agreement to take responsibility for and ownership of the City Improvements, no person or entity, including the Participating Developer, shall be deemed to be a third party beneficiary of this Amended and Restated Resolution, and nothing in this Amended and Restated Resolution ( either express or implied) is intended to confer upon any person or entity other than the Authority and the City and their respective successors and assigns) any rights, remedies, obligations or liabilities under or by reason of this Amended and Restated Resolution.

Section 22. The City shall be identified as a third -party beneficiary of all joint community facilities agreements between the Authority and each Other Local Agency to the extent of the indemnification provisions and the provisions whereby each Other Local Agency agrees to take responsibility for and ownership of their Improvements.

Section 23. The appropriate officials and staff of the City are hereby authorized and directed to make SCIP applications available to all property owners who are subject to Fees for new development within the City and/ or who are conditioned to install Improvements and to inform such owners of their option to participate in SCIP; provided, that the Authority shall be responsible for providing Resolution No. 24- Page 8 of 10
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such applications and related materials at its own expense. The staff persons listed on the attached Exhibit E, together with any other staff persons chosen by the Authorized Officer, from time to time, are hereby designated as the contact persons for the Authority in connection with SCIP.

Section 24. The appropriate officials and staff of the City are hereby authorized and directed to execute and deliver such closing certificates, requisitions, agreements and related documents, including but not limited to such documents as may be required by bond counsel in connection with the participation in SCIP of any districts, authorities or other third -party entities entitled to own Improvements and/ orto levy and collect fees on new development to pay for public capital improvements within the jurisdiction of the City, as are reasonably required by the Authority in accordance with the Manual to implement SCIP and to evidence compliance with the requirements of federal and state law in connection with the issuance by the Authority of the Local Obligations and any other bonds for SCIP. To that end, and pursuant to Treasury Regulations Section 1.50- 2, the staff persons listed on Exhibit E, or other staff person acting in the same capacity for the City with respect to SCIP, are hereby authorized and designated to declare the official intent of the City with respect to the public capital improvements to be paid or reimbursed through participation in SCIP.

Section 25. This Amended and Restated Resolution shall take effect immediately upon its adoption. The City Clerk of the City of Lathrop is hereby authorized and directed to transmit a certified copy of this Amended and Restated Resolution to the Secretary of the Authority. This Amended and Restated Resolution shall remain in force with respect to any Assessment District and CFD formed until all Local Obligations have been retired and the authority to levy the special tax conferred by any CFD proceedings and to levy the assessment conferred by any assessment proceedings has ended or is otherwise terminated. The Original Resolution shall remain in force with respect to any SCIP application approved by the City and any Assessment District formed pursuant to its authority until all Local Obligations have been retired and the authority to levy the assessment conferred by any assessment proceedings carried out pursuant to the Original Resolution has ended or is otherwise terminated.

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The foregoing resolution was passed and adopted this 12th day of February, 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 Resolution No. 24- Page 10 of 10
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EXHIBIT A TO THE RESOLUTION

FORM OF RESOLUTION OF INTENTION

TO BE ADOPTED BY CSCDA
RESOLUTION NO. _ SCIPRESOLUTION OF INTENTION OF THE CALIFORNIA STATEWIDE

COMMUNITIES DEVELOPMENT AUTHORITY TO FINANCE CAPITAL

IMPROVEMENTS AND/ OR THE PAYMENT OF DEVELOPMENT IMPACT

FEES FOR PUBLIC CAPITAL IMPROVEMENTS IN THE PROPOSED

STATEWIDE COMMUNITY INFRASTRUCTURE PROGRAM ASSESSMENT
DISTRICT NO. _ ([ NAME OF PROJECT]) [ CITY OF ], [ COUNTY OF ], APPROVING A PROPOSED BOUNDARY MAP, MAKING

CERTAIN DECLARATIONS, FINDINGS AND DETERMINATIONS

CONCERNING RELATED MATTERS, AND AUTHORIZING RELATED

ACTIONS IN CONNECTION THEREWITH
WHEREAS, under the authority of the Municipal Improvement Act of 1913 ( the " 1913 Act"), being Division 12 ( commencing with Sections 10000 and following) ofthe California Streets and Highways Code ( the " Code"), the Commission ( the " Commission") of the California Statewide Communities Development Authority ( the " Authority") intends to finance, through its Statewide Community Infrastructure Program, the payment of certain development impact fees for public improvements ( the Improvement Fees") and/ or to finance certain public capital improvements to be constructed by or on behalf of the property owner( s) and to be acquired by the [ City/ounty] of [ 1 or another local agency ( the " Improvements") as described in Exhibit A attached hereto and by this reference incorporated herein, all of which are of benefit to the property within the proposed Statewide Community Infrastructure Program Assessment District No. ([ name ofproject]) [City of ], [ County of ] the " Assessment District");
WHEREAS, the Commission finds that the land specially benefited by the Improvements and/ or the Improvement Fees is shown within the boundaries of the map entitled " Proposed Boundaries of California Statewide Communities Development Authority Statewide Community Infrastructure Program Assessment District No. ([ name ofproject]) [City of ], [ County of ], State of California," a
copy of which map is on file with the Secretary and presented to this Commission meeting, and determines that the land within the exterior boundaries shown on the map shall be designated Statewide Community Infrastructure Program Assessment District No. ([ name ofproject]) [ City of County of ], State of California";
WHEREAS, the [ City/ounty] of [ 1 is a member of the Authority and has approved the adoption on its behalf of this Resolution of Intention and has consented to the levy of the assessments in the Assessment District;
NOW, THEREFORE, BE IT RESOLVED that the Commission of the California Statewide Communities Development Authority hereby finds, determines and resolves as follows:

Section 1. The above recitals are true and correct.

Section 2. Pursuant to Section 2961 of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 ( the " 1931 Act"), being Division 4 ( commencing with Section 2800) of the A- 1
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Code, the Commission hereby declares its intent to comply with the requirements of the 1931 Act by complying with Part 7. 5 thereof.

Section 3. The Commission has designated a
registered, professional engineer as Engineer of
Work for this project, and hereby directs said firm to prepare the report containing the matters required by Sections 2961( b) and 10204 of the Code, as supplemented by Section 4 of Article XIIID of the California Constitution.

Section 4. The proposed boundary map of the Assessment District is hereby approved and adopted. Pursuant to Section 3111 of the Code, the Secretary of the Authority is directed to file a copy of
the map in the office of the County Recorder of the [ County of 1 within fifteen ( 15) days of the adoption of this resolution.

Section 5. The Commission determines that the cost of financing the Improvements and/ or the payment of the Improvement Fees shall be specially assessed against the lots, pieces or parcels of land within the Assessment District benefiting from the financing of the Improvements and/ orthe payment of the Improvement Fees. The Commission intends to levy a special assessment upon such lots, pieces or parcels in accordance with the special benefit to be received by each such lot, piece or parcel of land, respectively, from the financing of the Improvements and/ orthe payment of the Improvement Fees.

Section 6. The Commission intends, pursuant to subparagraph (f) of Section 10204 of the Code, to provide for an annual assessment upon each of the parcels of land in the proposed Assessment District to pay various costs and expenses incurred from time to time by the Authority and not otherwise reimbursed to the Authority which result from the administration and collection of assessment installments or from the administration or registration of the improvement bonds and the various funds and accounts pertaining thereto.

Section 7. Bonds representing unpaid assessments, and bearing interest at a rate not to exceed twelve percent ( 12%) per annum, will be issued in the manner provided by the Improvement Bond Act of 1915 ( Division 10 of the Code), and the last installment of the bonds shall mature not to exceed twentynine ( 29) years from the second day of September next succeeding twelve ( 12) months from their date.

Section 8. The procedure for the collection of assessments and advance retirement of bonds under the Improvement Bond Act of 1915 shall be as provided in Part 11. thereof.

Section 9. Neither the Authority nor any member agency thereof will obligate itself to advance available funds from its or their own funds or otherwise to cure any deficiency which may occur in the bond redemption fund. A determination not to obligate itself shall not prevent the Authority or any such member agency from, in its sole discretion, so advancing funds.

Section 10. The amount of any surplus remaining in the improvement fund after acquisition of the Improvements and/ or payment of Improvement Fees and all other claims shall be distributed in accordance with the provisions of Section 10427. of the Code.

Section 11. To the extent any Improvement Fees are paid to the Authority in cash with respect to property within the proposed Assessment District prior to the date of issuance of the bonds, the amounts so paid shall be reimbursed from the proceeds of the bonds to the property owner or developer that made the payment.

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PASSED AND ADOPTED by the California Statewide Communities Development Authority this day of , 20_.

I, the undersigned, an Authorized Signatory of the California Statewide Communities Development Authority, DO HEREBY CERTIFY that the foregoing resolution was duly adopted by the Commission of the Authority at a duly called meeting of the Commission of the Authority held in accordance with law on 20 By
Authorized Signatory
California Statewide Communities
Development Authority
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EXHIBIT A TO THE RESOLUTION OF INTENTION

DESCRIPTION OF WORK
The payment of development impact fees levied within the Assessment District and/ or public capital improvements to be acquired and owned by the [ City/ounty] of [ ] or another local agency upon or for the benefit of parcels within the Assessment District, for the project known as [ Project Name], which are authorized to be financed pursuant to the Municipal Improvement Act of 1913 and as to which the owners of the applicable parcels within the Assessment District have applied for participation in SCIP, as more particularly described below.

PAYMENT OF IMPACT FEES
CAPITAL IMPROVEMENTS*
Capital improvements includesfundingfor incidental costs associated with the capital improvements, including but not limited to, contingency, design, engineering, and construction management End ofForm ofResolution ofIntention]
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EXHIBIT B TO THE RESOLUTION

FORM OF ACQUISITION AGREEMENT

CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY

STATEWIDE COMMUNITY INFRASTRUCTURE PROGRAM

ACQUISITION AGREEMENT

BY AND BETWEEN

CITY OF LATHROP
AND
DEVELOPER]
Dated as of , 20
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ACQUISITION AGREEMENT
Recitals
A. The parties to this Acquisition Agreement ( the " Agreement") are the CITY OF LATHROP ( the " Local Agency") and [ DEVELOPER], a [ indicate type of legal entity] the " Developer").

B. The effective date of this Agreement is , 20_.

C. The Developer has applied for the financing of, among other things, certain public capital improvements to be owned by the Local Agency ( collectively, the " Acquisition Improvements"), through the California Statewide Communities Development Authority the " Authority") and its Statewide Community Infrastructure Program (" SCIP"). [ For CFDS:][ The Acquisition Improvements are to be owned and operated by the Local Agency, and the financing is to be accomplished through a community facilities district which will be administered by the Authority under and pursuant to the Mello -Roos Community Facilities Act of 1982 — California Government Code Sections 53311 and following (the " Act"). On [ ], 20[], the Local Agency entered into a Joint Community Facilities Agreement authorizing the Authority to form a community facilities district ( the " District") within the territorial limits of the Local Agency to finance, among other things, the Acquisition Improvements. On [ ], 20[ J, the Authority formed the District and, on the same date, a landowner election was conducted in which all of the votes were cast unanimously in favor of conferring the District authority on the Authority Commission.] [ For Assessment Districts:][ The Acquisition Improvements are to be owned and operated by the Local Agency, and the financing is to be accomplished through an assessment district ( the " District") which will be administered by the Authority under and pursuant to Municipal Improvement Act of 1913 ( Streets and Highways Code Sections 10000 and following) (the " 1913 Act") and the issuance of improvement bonds ( the " Local Obligations") under the Improvement Bond Act of 1915 ( Streets and Highways Code Sections 8500 and following) (the " 1915 Act" and, together with the " 1913 Act" the " Act").] D. The administration, payment and reimbursement of the capital facilities fees is agreed to be governed by the provisions of the SCIP Manual of Procedures as it may be amended from time to time. The administration, payment and reimbursement of the Acquisition Improvements shall be as provided herein.

E. Under SCIP, the Authority intends to levy [ assessments] [ special taxes] and issue bonds, in one or more series, to fund, among other things, all or a portion of the costs of the Acquisition Improvements. The portion of the proceeds of the [ special taxes and] bonds allocable to the cost of the Acquisition Improvements, together with interest earned thereon, is referred to herein as the " Available Amount".

F. The Authority will provide financing for the acquisition by the Local Agency of the Acquisition Improvements and the payment of the Acquisition Price ( as defined herein) of the Acquisition Improvements from the Available Amount. Attached hereto as Exhibit A is a description of the Acquisition Improvements, which includes authorized discrete and usable portions, if any, of the public capital improvements, [pursuant to Section 53313. of the Act,] to B- 2
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be acquired from the Developer.

G. The parties anticipate that, upon completion of the Acquisition Improvements and subject to the terms and conditions of this Agreement, the Local Agency will acquire such completed Acquisition Improvements with the Available Amount.

H. Any and all monetary obligations ofthe Local Agency arising out of this Agreement are the special and limited obligations of the Local Agency payable only from the Available Amount, and no other funds whatsoever of the Local Agency shall be obligated therefor.

I. Attached to this Agreement are Exhibit A (Acquisition Improvements and the Eligible Portions thereof) and Exhibit B ( Form ofRequisition), which are incorporated into this Agreement for all purposes.

In consideration ofRecitals A through I, inclusive, and the mutual covenants, undertakings and obligations set forth below, the Local Agency and the Developer agree as stated below.

Agreement

ARTICLE I
DEFINITIONS; DISTRICT FORMATION AND

FINANCING PLAN
Section 1. 01. Definitions. As used herein, the following capitalized terms shall have the meanings ascribed to them below:

Acceptable Title" means free and clear of all monetary liens, encumbrances, assessments, whether any such item is recorded or unrecorded, and taxes, except those items which are reasonably determined by the Local Agency Engineer not to interfere with the intended use and therefore are not required to be cleared from the title.

Acquisition and Construction Fund" means the " City of Lathrop Acquisition and Construction Fund" established by the Authority pursuant to Section 1. 03 hereof for the purpose ofpaying the Acquisition Price ofthe Acquisition Improvements and which fund may be held as a subaccount within a fund established under the Authority Trust Agreement and may be commingled with acquisition and construction fund monies available for other public capital improvements.

Acquisition Improvement" shall have the meaning assigned to such term in the recitals and are further described in Exhibit A.

Acquisition Price" means the total amount eligible to be paid to the Developer upon acquisition of an Acquisition Improvement as provided in Section 2. 03 not to exceed the Actual Cost ofthe Acquisition Improvement.

Act" has the meaning ascribed thereto in Recital C.

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Actual Cost" means the total cost of an Acquisition Improvement, as documented by the Developer to the satisfaction of the Local Agency and as certified by the Local Agency Engineer in an Actual Cost Certificate including, without limitation, (a) the Developer' scost of constructing such Acquisition Improvement including grading, labor, material and equipment costs, (b) the Developer' scost of designing and engineering the Acquisition Improvement, preparing the plans and specifications and bid documents for such Acquisition Improvement, and the costs of inspection, materials testing and construction staking for such Acquisition Improvement, ( c) the Developer' scost of any performance, payment and maintenance bonds and insurance, including title insurance, required hereby for such Acquisition Improvement, ( d) the Developer' scost of any real property or interest therein that is either necessary for the construction of such Acquisition Improvement ( e.g., temporary construction easements, haul roads, etc.), or is required to be conveyed with such Acquisition Improvement in order to convey Acceptable Title thereto to the Local Agency or its designee, (e) the Developer' scost of environmental evaluation or mitigation required for such Acquisition Improvement, ( f) the amount of any fees actually paid by the Developer to governmental agencies in order to obtain permits, licenses or other necessary governmental approvals and reviews for such Acquisition Improvement, ( g) the Developer' scost for construction and project management, administration and supervision services for such Acquisition Improvement, ( h) the Developer' scost for professional services related to such Acquisition Improvement, including engineering, accounting, legal, financial, appraisal and similar professional services, and (i) the costs of construction financing incurred by the Developer with respect to such Acquisition Improvement.

Actual Cost Certificate" means a certificate prepared by the Developer detailing the Actual Cost of an Acquisition Improvement, or an Eligible Portion thereof, to be acquired hereunder, as may be revised by the Local Agency Engineer pursuant to Section 2. 03.

Agreement" means this Acquisition Agreement, dated as of [ ], 20[].

Authority" means the California Statewide Communities Development Authority.

Authority Trust Agreement" means a Trust Agreement entered into by the Authority and an Authority Trustee in connection with the issuance of bonds.

Authority Trustee" means the financial institution identified as trustee in an Authority Trust Agreement.

Available Amount" shall have the meaning assigned to the term in Recital E.

Bonds" means bonds or other indebtedness issued by the Authority as tax- exempt or taxable bonds or other indebtedness, in one or more series, that is to be repaid by the District.

Code" means the Streets and Highways Code or the Government Code of the State of California, as applicable.

Developer" means [Developer], its successors and assigns.

Disbursement Request Form" means a
requisition for payment of funds from the
Acquisition and Construction Fund for an Acquisition Improvement, or an Eligible Portion thereof B- 4
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in substantially the form contained in Exhibit B hereto.

District" shall have the meaning assigned to the term in Recital C.

Eligible Portion" shall have the meaning ascribed to it in Section 2. 03 below.

Installment Payment" means an amount equal to ninety percent ( 90%) of the Actual Cost of an Eligible Portion.

Local Agency" means the City of Lathrop.

Local Agency Engineer" means the Engineer of the Local Agency or his/er designee who will be responsible for administering the acquisition of the Acquisition Improvements hereunder.

Project" means the Developer' sdevelopment of the property in the District, including the design and construction of the Acquisition Improvements and the other public and private improvements to be constructed by the Developer within the District.

Special Taxes" means annual special taxes, and prepayments thereof, authorized by the District to be levied by the Commission of the Authority.] Title Documents" means, for each Acquisition Improvement acquired hereunder, a grant deed or similar instrument necessary to transfer title to any real property or interests therein including easements), or an irrevocable offer of dedication of such real property with interests therein necessary to the operation, maintenance, rehabilitation and improvement by the Local Agency ofthe Acquisition Improvement ( including, ifnecessary, easements for ingress and egress) and a bill of sale or similar instrument evidencing transfer of title to the Acquisition Improvement other than said real property interests) to the Local Agency, where applicable.

Section 1. 02. Participation in SCIP. [ For CFDs:][ TheLocal Agency has entered into a Joint Community Facilities Agreement with the Authority for the purpose of accepting applications from time to time of developers within the Local Agency' sjurisdictional boundaries.] Developer has applied for financing through SCIP of the Acquisition Improvements, and such application has been approved by the Local Agency. Developer and Local Agency agree that until and unless such financing is completed by the Authority and the Available Amount is deposited in the Acquisition Account ( as defined in Section 1. 03 below), neither the Developer nor the Local Agency shall have any obligations under this agreement. Developer agrees to cooperate with the Local Agency and the Authority in the completion of SCIP financing for the Acquisition Improvements.

Section 1. 03. Deposit and Use ofAvailable Amount.
a) Upon completion of the SCIP financing, the Available Amount will be deposited by the Authority in the Acquisition Account.
b) The Authority will cause the SCIP Trustee to establish and maintain an account ( the " Acquisition Account") for the purpose of holding all funds for the Acquisition B- 5
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Improvements. All earnings on amounts in the Acquisition and Construction Fund shall remain in the Acquisition and Construction Fund for use as provided herein and pursuant to the Authority Trust Agreement. Money in the Acquisition and Construction Fund shall be available to respond to delivery of a Disbursement Request Form and to be paid to, the Developer or its designee to pay the Acquisition Price of the Acquisition Improvements, as specified in Article II hereof. Upon completion of all of the Acquisition Improvements and the payment of all costs thereof, any remaining funds in the Acquisition and Construction Fund ( less any amount determined by the Local Agency as necessary to reserve for claims against the account) (i) shall be applied to pay the costs of any additional Acquisition Improvements eligible for acquisition with respect to the Project as approved by the Authority and, to the extent not so used, (ii) shall be applied by the Authority [to call Bonds or to reduce Special Taxes as the Authority shall determine] [as provided in Section 10427. of the Code to pay a portion of the assessments levied on the Project property in the District].

Section 1. 04. No Local Agency Liability; Local Agency Discretion; No Effect on Other Agreements. In no event shall any actual or alleged act by the Local Agency or any actual or alleged omission or failure to act by the Local Agency with respect to SCIP subject the Local Agency to monetary liability therefor. Further, nothing in this Agreement shall be construed as affecting the Developer' s or the Local Agency' sduty to perform their respective obligations under any other agreements, public improvement standards, land use regulations or subdivision requirements related to the Project, which obligations are and shall remain independent of the Developer' s and the Local Agency' srights and obligations under this Agreement.

ARTICLE II

DESIGN, CONSTRUCTION AND ACQUISITION OF ACQUISITION IMPROVEMENTS Section 2. 01. Letting and Administering Design Contracts. The parties presently anticipate that the Developer has awarded and administered or will award and administer engineering design contracts for the Acquisition Improvements to be acquired from Developer.

All eligible expenditures of the Developer for design engineering and related costs in connection with the Acquisition Improvements ( whether as an advance to the Local Agency or directly to the design consultant) shall be reimbursed at the time of acquisition of such Acquisition Improvements. The Developer shall be entitled to reimbursement for any design costs of the Acquisition Improvements only out of the Acquisition Price as provided in Section 2. 03 and shall not be entitled to any payment for design costs independent of or prior to the acquisition of Acquisition Improvements.

Section 2. 02. Letting and Administration of Construction Contracts; Indemnification. State law requires that all Acquisition Improvements not completed prior to the formation of the District shall be constructed as if they were constructed under the direction and supervision, or under the authority, of the Local Agency. In order to assure compliance with those provisions, except for any contracts entered into prior to the date hereof, Developer agrees to comply with the requirements set forth in Exhibit C hereto with respect to the bidding and contracting for the construction of the Acquisition Improvements. The Developer agrees that all the contracts shall call for payment of prevailing wages as required by the Labor Code of the State of California. The Developer' sindemnification obligation set forth in Section 3. 01 of this B- 6
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Agreement shall also apply to any alleged failure to comply with the requirements of this Section, and/ or applicable State laws regarding public contracting and prevailing wages.

Section 2. 03. Sale of Acquisition Improvements. The Developer agrees to sell to the Local Agency each Acquisition Improvement to be constructed by Developer (including any rights -of -way or other easements necessary for the Acquisition Improvements, to the extent not already publicly owned), when the Acquisition Improvement is has been constructed and is complete to the satisfaction of the Local Agency for an amount not to exceed the lesser of (i) the Available Amount or (ii) the Actual Cost of the Acquisition Improvement. Exhibit A, attached hereto and incorporated herein, contains a list of the Acquisition Improvements. Portions of an Acquisition Improvement eligible for Installment Payments prior to completion of the entire Acquisition Improvement are described as eligible, discrete and usable portions in Exhibit A (each, an " Eligible Portion"). At the time of completion of each Acquisition Improvement, or Eligible Portion thereof, the Developer shall deliver to the Local Agency Engineer a written request for acquisition, accompanied by an Actual Cost Certificate, and by executed Title Documents for the transfer of the Acquisition Improvement where necessary. In the event that the Local Agency Engineer finds that the supporting paperwork submitted by the Developer fails to demonstrate the required relationship between the subject Actual Cost and eligible work, the Local Agency Engineer shall advise the Developer that the determination of the Actual Cost ( or the ineligible portion thereof) has been disallowed and shall request further documentation from the Developer.

If the further documentation is still not adequate, the Local Agency Engineer may revise the Actual Cost Certificate to delete any disallowed items and the determination shall be final and conclusive.

Certain soft costs for the Acquisition Improvements, such as civil engineering, may have been incurred pursuant to single contracts that include work relating also to the private portions of the Project. In those instances, the total costs under such contracts will be allocated to each Acquisition Improvement as approved by the Local Agency Engineer. Where a specific contract has been awarded for design or engineering work relating solely to an Acquisition Improvement, one hundred percent ( 100%) of the costs under the contract will be allocated to that Acquisition Improvement. Amounts allocated to an Acquisition Improvement will be further allocated among the Eligible Portions ofthat Acquisition Improvement, if any, in the same proportion as the amount to be reimbursed for hard costs for each Eligible Portion bears to the amount to be reimbursed for hard costs for the entire Acquisition Improvement. Costs will be allocated to each Acquisition Improvement as approved by the Local Agency Engineer. The costs of certain environmental mitigation required to mitigate impacts of the public and private portions of the Project will be allocated to each Acquisition Improvement as approved by the Local Agency Engineer.

In the event that the Actual Cost is in excess of the Available Amount, the Local Agency shall withdraw the Available Amount from the Acquisition Account and transfer said amount to the Developer. In the event that the Actual Cost is less than the Available Amount, the Local Agency shall withdraw an amount from the Acquisition Account equal to the Actual Cost, and shall transfer said amount to the Developer. Any amounts then remaining in the Acquisition Account shall be applied as provided in Section 1. 03.

In no event shall the Local Agency be required to pay the Developer more than the amount on deposit in the Acquisition Account at the time such payment is requested.

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Section 2. 04. Conditions Precedent to Payment of Acquisition Price. Payment to the Developer or its designee of the Acquisition Price for an Acquisition Improvement from the Acquisition and Construction Fund shall in every case be conditioned first upon the determination of the Local Agency Engineer, pursuant to Section 2. 03, that the Acquisition Improvement satisfies all Local Agency regulations and ordinances and is otherwise complete and ready for acceptance by the Local Agency, and shall be further conditioned upon satisfaction of the following additional conditions precedent:
a) The Developer shall have provided the Local Agency with lien releases or other similar documentation satisfactory to the Local Agency Engineer as evidence that none of the property ( including any rights -of -way or other easements necessary for the operation and maintenance of the Acquisition Improvement, to the extent not already publicly owned) comprising the Acquisition Improvement, and the property which is subject to the assessments/ Special Taxes] of the District, is not subject to any prospective mechanics lien claim respecting the Acquisition Improvements.
b) All due and payable property taxes, and installments of assessments/ Special Taxes] shall be current on property owned by the Developer or under option to the Developer that is subject to the lien of the District. c) The Developer shall certify that it is not in default with respect to any loan secured by any interest in the Project.
d) The Developer shall have provided the Local Agency with Title Documents needed to provide the Local Agency with title to the site, right- of- way, or easement upon which the subject Acquisition Improvements are situated. All such Title Documents shall be in a form acceptable to the Local Agency ( or applicable governmental agency) and shall convey Acceptable Title. The Developer shall provide a policy of title insurance as of the date of transfer in a form acceptable to the Local Agency Engineer insuring the Local Agency as to the interests acquired in connection with the acquisition of any interest for which such a policy of title insurance is not required by another agreement between the Local Agency and the Developer. Each title insurance policy required hereunder shall be in the amount equal to or greater than the Acquisition Price.

Section 2. 05. SCIP Requisition. Upon a determination by the Local Agency Engineer to pay the Acquisition Price of the Acquisition Improvements pursuant to Section 2. 04, the Local Agency Engineer shall cause a SCIP Requisition to be submitted to the Program Administrator. The Program Administrator will review the SCIP Requisition and forward it with instructions to the SCIP Trustee and the SCIP Trustee shall make payment directly to the Developer of such amount pursuant to the SCIP Trust Agreement. The Local Agency and the Developer acknowledge and agree that the SCIP Trustee shall make payment strictly in accordance with the SCIP Requisition and shall not be required to determine whether or not the Acquisition Improvements have been completed or what the Actual Costs may be with respect to such Acquisition Improvements. The SCIP Trustee shall be entitled to rely on the SCIP Requisition on its face without any further duty of investigation.

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ARTICLE III

MISCELLANEOUS
Section 3. 01. Indemnification and Hold Harmless. The Developer hereby assumes the defense of, and indemnifies and saves harmless the Local Agency, the Authority, and each of its respective officers, directors, employees and agents, from and against all actions, damages, claims, losses or expenses of every type and description to which they may be subjected or put, by reason of, or resulting from or alleged to have resulted from the acts or omissions of the Developer or its agents and employees in the performance of this Agreement, or arising out of any contract for the design, engineering and construction of the Acquisition Improvements or arising out of any alleged misstatements of fact or alleged omission of a material fact made by the Developer, its officers, directors, employees or agents to the Authority' sunderwriter, financial advisor, appraiser, district engineer or bond counsel or regarding the Developer, its proposed developments, its property ownership and its contractual arrangements contained in the official statement relating to the SCIP financing (provided that the Developer shall have been furnished a copy of such official statement and shall not have objected thereto); and provided, further, that nothing in this Section 3. 01 shall limit in any manner the Local Agency' srights against any of the Developer' sarchitects, engineers, contractors or other consultants. Except as set forth in this Section 3. 01, no provision of this Agreement shall in any way limit the extent of the responsibility of the Developer for payment ofdamages resulting from the operations of the Developer, its agents and employees. Nothing in this Section 3. 01 shall be understood or construed to mean that the Developer agrees to indemnify the Local Agency, the Authority or any of its respective officers, directors, employees or agents, for any negligent or wrongful acts or omissions to act of the Local Agency, Authority, its officers, employees, agents or any consultants or contractors.

Section 3. 02. Audit. The Local Agency shall have the right, during normal business hours and upon the giving of ten days' written notice to the Developer, to review all books and records of the Developer pertaining to costs and expenses incurred by the Developer (for which the Developer seeks reimbursement) in constructing the Acquisition Improvements.

Section 3. 03. Cooperation. The Local Agency and the Developer agree to cooperate with respect to the completion of the SCIP financing for the Acquisition Improvements.

The Local Agency and the Developer agree to meet in good faith to resolve any differences on future matters which are not specifically covered by this Agreement.

Section 3. 04. General Standard of Reasonableness. Any provision of this Agreement which requires the consent, approval or acceptance of either party hereto or any of their respective employees, officers or agents shall be deemed to require that such consent, approval or acceptance not be unreasonably withheld or delayed, unless such provision expressly incorporates a different standard. The foregoing provision shall not apply to provisions in the Agreement which provide for decisions to be in the sole discretion of the party making the decision.

Section 3. 05. Third Party Beneficiaries. The Authority and its officers, employees, agents or any consultants or contractors are expressly deemed third party beneficiaries of this Agreement with respect to the provisions of Section 3. 01. It is expressly agreed that, except for the Authority with respect to the provisions of Section 3. 01, there are no third party B- 9
4152- 0821- 5117. 1
406
beneficiaries of this Agreement, including without limitation any owners of bonds, any of the Local Agency' sor the Developer' scontractors for the Acquisition Improvements and any of the Local Agency' s, the Authority' s or the Developer' s agents and employees.

Section 3. 06. Conflict with Other Agreements. Nothing contained herein shall be construed as releasing the Developer or the Local Agency from any condition of development or requirement imposed by any other agreement between the Local Agency and the Developer, and, in the event of a conflicting provision, such other agreement shall prevail unless such conflicting provision is specifically waived or modified in writing by the Local Agency and the Developer.

Section 3. 07. Notices. All invoices for payment, reports, other communication and notices relating to this Agreement shall be delivered ( via mail or electronic mail) to:

If to the Local Agency:

City of Lathrop
Address to come]
Email to come]
If to the Developer:

Developer]
Address to come]
Email to come]
Either party may change its address by giving notice in writing to the other party.

Section 3. 08. Severability. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible.

Section 3. 09. Governing Law. This Agreement and any dispute arising hereunder shall be governed by and interpreted in accordance with the laws of the State of California.

Section 3. 10. Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party' sright to insist and demand strict compliance by the other party with the terms of this Agreement.

Section 3. 11. Singular and Plural; Gender. As used herein, the singular of any word includes the plural, and terms in the masculine gender shall include the feminine.

Section 3. 12. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original.

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Section 3. 13. Successors and Assigns. This Agreement is binding upon the heirs, assigns and successors -in -interest of the parties hereto. The Developer may not assign its rights or obligations hereunder, except to successors -in -interest to the property within the District, without the prior written consent of the Local Agency.

Section 3. 14. Remedies in General. It is acknowledged by the parties that the Local Agency would not have entered into this Agreement if it were to be liable in damages under or with respect to this Agreement or the application thereof, other than for the payment to the Developer of any ( i) moneys owing to the Developer hereunder, or ( ii) moneys paid by the Developer pursuant to the provisions hereof which are misappropriated or improperly obtained, withheld or applied by the Local Agency.

In general, each of the parties hereto may pursue any remedy at law or equity available for the breach of any provision of this Agreement, except that the Local Agency shall not be liable in damages to the Developer, or to any assignee or transferee of the Developer other than for the payments to the Developer specified in the preceding paragraph. Subject to the foregoing, the Developer covenants not to sue for or claim any damages for any alleged breach of, or dispute which arises out of, this Agreement.

The remainder ofthis page intentionally left blank]
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408
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year written above.

CITY OF LATHROP
Mayor
ATTEST: APPROVED AS TO FORM:

City Clerk City Attorney
DEVELOPER],
a [ here indicate type of legal entity]
By:

Signature
Print Name
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4152- 0821- 517. 1
409
Exhibit A to the Acquisition Agreement

DESCRIPTION OF ACQUISITION IMPROVEMENTS AND BUDGETED AMOUNTS To be completed based on Final Engineer' sReport/ developer' sbudget and cash flows] Funding includes amounts for incidental costs associated with the capital improvements, including, but not limited to, contingency, design, engineering, and construction management.

ACQUISITION IMPROVEMENTS TOTAL AMOUNT*
1 $ []
L]
Estimated. Acquisition Price will be determined based on Actual Cost as further described in this Acquisition Agreement.
4152- 0821- 517. 1
B- 13
410
Exhibit B to the Acquisition Agreement

FORM OF SCIP REQUISITION
To: BLX Group LLC
SCIP Program Administrator
355 South Grand Avenue, Suite 2700
Los Angeles, California 90071
Attention: Vo Nguyen
Fax: 213- 612- 2499
Re: Statewide Community Infrastructure Program
The undersigned, a duly authorized officer of the CITY OF LATHROP hereby requests a withdrawal from the [ DEVELOPER] ACQUISITION ACCOUNT, as follows:

Request Date: [ Insert Date of Request]
Name ofDeveloper: [ Developer]
Withdrawal Amount: [ Insert Acquisition Price]
Acquisition Improvements: [ Insert Description ofAcquisition Improvement( s) from Ex. A] Payment Instructions: [ Insert Wire Instructions or Payment Address for Developer] The undersigned hereby certifies as follows:

1. The Withdrawal is being made in accordance with a permitted use of such monies pursuant to the Acquisition Agreement, and the Withdrawal is not being made for the purpose of reinvestment.

2. None of the items for which payment is requested have been reimbursed previously from other sources of funds.

3. If the Withdrawal Amount is greater than the funds held in the Acquisition Account, the SCIP Program Administrator is authorized to amend the amount requested to be equal to the amount of such funds.

CITY OF LATHROP
By:

Title:
4152- 0821- 517. 1 B- 14
411

EXHIBIT C TO THE RESOLUTION

ELIGIBLE FACILITIES AND FEES
Eligible facilities and fees that may be financed by a CFD formed by CSCDA through SCIP include all improvements and fees authorized under the Mello -Roos Act, including but not limited to the following:

Transportation Improvements
Eligible roadway improvements include, but are not limited to: acquisition of land and easements; roadway design; project management; bridge crossings and culverts; clearing, grubbing, and demolition; grading, soil import/ export, paving (including slurry seal), and decorative/ enhanced pavement concrete and/ or pavers; joint trenches, underground utilities and undergrounding of existing utilities; dry utilities and appurtenances; curbs, gutters, sidewalks, bike trails ( including onsite and off -site), enhanced fencing, and access ramps; street lights, signalization, and traffic signal control systems; bus turnouts; signs and striping; erosion control; median and parkway landscaping and irrigation; entry monumentation; bus shelters, bus and transit improvements including transfer stations and regional public transit improvements; masonry walls; traffic control and agency fees; and other improvements related thereto. Eligible improvements for the roads listed herein also include any and all necessary underground potable and recycled water, sanitary sewer, and storm drainage system improvements.

Water System Improvements
Authorized facilities include any and all water facilities designed to meet the needs of development within the CFD. These facilities include, but may not be limited to: water storage, treatment and distribution facilities including waterlines and appurtenances, gate valves, pressure reducing stations, flow meters, fire hydrants, and other improvements related thereto such as site clearing, grading and paving; curbs and gutters; booster pump stations & power; stand- by generators; site lighting, drainage, sanitary sewer, and water service; landscaping and irrigation; access gates, and fencing; and striping and signage.

Recycled Water System Improvements
Authorized facilities include any and all recycled water system facilities designed to meet the needs of development within the CFD. These facilities include, but may not be limited to: treatment and distribution facilities including pipelines and appurtenances, gate valves, flow meters, booster pump pressurization system, and other improvements related thereto - such as site clearing, grading and paving; curbs and gutters; booster pump stations; stand- by generators; site lighting, drainage, sanitary sewer, and water service; landscaping and irrigation; access gates, and fencing; and striping and signage.

Drainage System Improvements
Authorized facilities include any and all drainage and storm drain improvements designed to meet the needs of development within the CFD. These facilities include, but may not be limited to:
excavation and grading, pipelines and appurtenances, outfalls and water quality measures, detention/ retetion basins, drainage pretreatment facilities, drainage ways/ channels, pump stations, landscaping and irrigation; access roads, gates, and fencing; and striping and signage and 4152- 0821- 517. 1 C- 1
412
other improvements related thereto.

Wastewater System Improvements
Authorized facilities include any and all wastewater facilities designed to meet the needs of development within the CFD. These facilities include, but may not be limited to, pipelines and all appurtenances thereto; manholes; tie- in to existing main lines; force mains; lift stations; upgrades to existing lift stations; odor -control facilities; and permitting related thereto; and related sewer system improvements.

Park, Parkway and Open Space Improvements
Authorized facilities include any and all improvements to parks, parkways and open space required for development within the CFD. These facilities include, but may not be limited to: grading, turf, shrubs and trees, landscaping irrigation, site lighting, drainage, sanitary sewer and water service, pedestrian and bicycle trails, protective fencing ( including soundwalls), pedestrian/ bicycle bridges, storm drain crossings, wetland mitigation, hawk mitigation for authorized facilities herein, access gates and fencing and related open space improvements. Authorized facilities include acquisition of any and all parkland as well as open space/ bike trail/ public access easements required for development within the CFD.

Electrical System Improvements
Authorized facilities include any and all electrical supply and distribution facilities designed to meet the needs of development within the CFD. These facilities include, but may not be limited to: design, distribution lines, vaults, conduit, trenching, transformers and installation of cabling.

School and Educational Facilities
Authorized facilities include classroom renovation, updates to school safety and security systems, technology improvements, energy efficiency improvements, school modernization and retrofitting, and new classroom and school construction as required for development within the CFD.

Development Impact Fees
Authorized facilities include the direct funding of any of the above referenced facility types for which the Local Agency collects a development impact fee.

Other Incidental Expenses and Bond Issuance Costs
In addition to the above facilities, other incidental expenses as authorized by the Mello -Roos Community Facilities Act of 1982, including, but not limited to, the cost of planning and designing the facilities ( including the cost of environmental evaluation, remediation and mitigation); engineering and surveying; construction staking; utility relocation and demolition costs incidental to the construction of the public facilities; costs of project/ construction management; costs including the costs of legal services) associated with the formation of the CFD; issuance ofbonds if any); determination of the amount of taxes; collection of taxes; payment of taxes; costs of calculating and providing reimbursements from one- time special tax payments; or costs otherwise incurred in order to carry out the authorized purposes of the CFD; and any other expenses 4152- 0821- 517. 1 C- 2
413
incidental to the formation and implementation of the CFD and to the construction, completion, inspection and acquisition of the authorized facilities. 4152- 0821- 517. 1 C- 3
414

EXHIBIT D TO THE RESOLUTION

FORM OF INCREASED DEMANDS CERTIFICATE
To: California Statewide Communities Development Authority Re: Statewide Community Infrastructure Program — Community Facilities District for Project]
The undersigned, a duly authorized officer of the CITY OF LATHROP ( the " Local Agency") hereby certifies that the public capital improvements and development impact fees identified below are necessary to meet increased demands placed upon the Local Agency as a result of development within the proposed community facilities district for the [ Project]:

List improvements/ fee here]

CITY OF LATHROP
By:

Title:

D- 1
415

EXHIBIT E TO THE RESOLUTION

CITY OF LATHROP CONTACTS FOR SCIP PROGRAM
Primary Contact
Name: Cari James
Title: Finance Director
Mailing Address: 390 Towne Centre Dr., Lathrop, CA 95330 Delivery Address (if different):

E- mail:

Telephone: (
cjames@ci. lathrop. ca. us
209) 941- 7327
Fax: ( 209) 941- 7339
Secondary Contact
Name: Thomas Hedegard
Title: Deputy City Manager
Mailing Address: 390 Towne Centre Dr., Lathrop, CA 95330 Delivery Address (if different):

E- mail:

Telephone: (
tedegard@ci. lathrop. ca. us
209) 941- 7329
Fax: ( 209) 941- 7339
Add additional contacts as needed]
416
ITEM 5. 4

CITY MANAGER' SREPORT
FEBRUARY 12, 2024 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE OUT OF STATE TRAVEL TO ATTEND THE
2024 SAN JOAQUIN AREA FLOOD CONTROL AGENCY
SJAFCA) WASHINGTON, D. C. ADVOCACY TRIP
RECOMMENDATION: Adopt Resolution Authorizing Out of State Travel for the City Manager and the Council Members
Representing the City of Lathrop on the SJAFCA
Board of Directors, to Attend the 2024 Advocacy
Trip to Washington, D. C., April 9- 11, 2024
SUMMARY:

The City of Lathrop' s
Board Members to the San Joaquin Area Flood Control Agency SJAFCA) for the 2024 calendar year are Councilmember Paul Akinjo ( Delegate), Councilmember Diane Lazard ( Delegate), and Jennifer Torres -O' Callaghan Alternate). Each year, representatives of the SJAFCA Board of Directors travel to Washington, D. C., to meet with federal representatives and policymakers in Congress to discuss SJAFCA' s priority projects. Lathrop has participated in these advocacy trips since 2018, when Lathrop became a voting member of SJAFCA.

During the SJAFCA Board Meeting on January 18, 2024 staff was directed to begin preparations for the upcoming advocacy trip to Washington D. C. and coordinate travel with the member agencies. Availability for this trip was discussed with both Councilmember Akinjo and Councilmember Lazard, and both are available to attend.

Tonight, staff is requesting authorization for out of state travel for Councilmember Akinjo, Councilmember Lazard and City Manager Stephen Salvatore, to represent the City of Lathrop in the 2024 SJAFCA advocacy trip to Washington, D. C., from April 9, 2024 to April 11, 2024.

BACKGROUND:

The cities of Lathrop and Manteca requested that SJAFCA expand the existing Joint Exercise of Powers Agreement ( JEPA) in a manner to provide coordinated regional flood protection to include the RD 17 basin. At the time, the SJAFCA JEPA only included three agencies: City of Stockton, San Joaquin County Flood Control and Water Conservation District, and San Joaquin County.

The local San Joaquin County land use agencies entered into a Memorandum of Understanding with Reclamation District ( RD) 17 on May 16, 2016, to reach conceptual agreement for broad collaboration among the land use agencies and RD 17 regarding the planning and design work and implementation of 200 -year flood protection project in the RD 17 basin.
417
CITY MANAGER' S REPORT Page 2
FEBRUARY 12, 2024 CITY COUNCIL REGULAR MEETING
APPROVAL FOR THE 2024 SJAFCA ADVOCACY TRIP TO WASHINGTON, D. C.

Pursuant to the MOU, representatives from San Joaquin County, and the cities of Stockton, Lathrop, and Manteca have been meeting with San Joaquin Area Flood Control Agency ( SJAFCA) and RD 17 staff to evaluate and explore options for the governance, adoption, and implementation of the this project. On January 29, 2018, the City Council approved Resolution 18- 4339, approving an amendment and restated JEPA with SJAFCA, to include the cities of Lathrop and Manteca as voting members.

Each year, representatives of the SJAFCA Board of Directors travel to Washington, D. C., to meet with federal representatives and policymakers in Congress to discuss SJAFCA' s priority projects. During the SJAFCA Board Meeting on January 18, 2024 staff was directed to begin preparations for the upcoming advocacy trip to Washington D. C. and coordinate travel with the member agencies. Availability for this trip was discussed with both Councilmember Akinjo and Councilmember Lazard and both are available to attend.

Tonight, staff is requesting authorization for out of state travel for Councilmember Akinjo, Councilmember Lazard and City Manager Stephen Salvatore, to represent the City of Lathrop in the 2024 SJAFCA advocacy trip to Washington, D. C., from April 9, 2024 to April 11, 2024.

REASON FOR RECOMMENDATION:

This travel will help promote regional projects and the City of Lathrop' s future development, specifically as it relates to the Mossdale Tract.

FISCAL IMPACT:

Depending on tonight' s decision by Council, a budget amendment from the General Fund Reserves to the City Council Training and Travel Account ( Fund 1010-1- 10- 435- 20- 00) will be required to fund Council participants to attend this years' 2024 SJAFCA Advocacy Event. The budget amendment amount may vary depending on the option selected by Council. There are sufficient funds included in the FY 23-4 training and travel budget for the City Manager for this travel; a budget amendment is not needed for this trip.

Options Include Cost Budget
Amendment

1. Send 2 Council Members & City Manager Approx. $13, 800 Approx. $9, 200

2. Send 1 Council Member & City Manager Approx. $9, 200 Approx. $4, 600

3. Send 1 Council Member Approx. $4, 600 Approx. $4, 600

4. Send City Manager Approx. $4, 600 None

5. Do not send representatives in 2024 None None
ATTACHMENTS:

A. Resolution Authorizing Out -of -State Travel
B. San Joaquin Area Flood Control Agency Washington D. C. Itinerary 418
CITY MANAGER' S REPORT Page 3
FEBRUARY 12, 2024 CITY COUNCIL REGULAR MEETING
APPROVAL FOR THE 2024 S] AFCA ADVOCACY TRIP TO WASHINGTON, D. C.

APPROVALS:
esa Vargas
Government Services Director &
City Clerk
Cari Ja = s
Finance ' rector
A Alt,/ cg- f
Date
N211),, Zz2, 21
Date
2/- 7/ 2c' z1
Thomas Hedegard Date
Deputy City Manager
z- 7 • to L `/
Salvador Navarrete Date
City Attorney
Stephen J. Salvatore Date
City Manager
419
RESOLUTION NO. 24-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP

AUTHORIZING OUT OF STATE TRAVEL FOR THE CITY MANAGER AND THE

COUNCIL MEMBERS REPRESENTING THE CITY OF LATHROP ON THE SJAFCA BOARD OF DIRECTORS, TO ATTEND THE 2024 ADVOCACY TRIP TO WASHINGTON, D. C., APRIL 9- 11, 2024
WHEREAS, on January 29, 2018, the City Council approved Resolution 18- 4339, approving an amendment and restated Joint Exercise of Powers Agreement JEPA) with San Joaquin Area Flood Control Agency ( SJAFCA), to include the cities of Lathrop and Manteca as voting members of SJAFCA; and WHEREAS, each year, representatives of the SJAFCA Board of Directors travel to Washington, D. C., to meet with federal representatives and policymakers in Congress to discuss SJAFCA' spriority projects; and
WHEREAS, Lathrop has participated in these advocacy trips since 2018, when Lathrop became a voting member of SJAFCA; and
WHEREAS, during the SJAFCA Board Meeting on January 18, 2024, staff was directed to begin preparations for the upcoming advocacy trip to Washington D. C. and coordinate travel with the member agencies; and
WHEREAS, the City of Lathrop' s
Board Members to the San Joaquin Area
Flood Control Agency ( SJAFCA) for the 2024 calendar year are Councilmember Paul Akinjo ( Delegate), Councilmember Diane Lazard ( Delegate), and Jennifer Torres - O' Callaghan ( Alternate); and
WHEREAS, staff is requesting authorization for out of state travel for Councilmember Akinjo, Councilmember Lazard and City Manager Stephen Salvatore, to represent the City of Lathrop in the 2024 SJAFCA advocacy trip to Washington, D. C., from April 9, 2024 to April 11, 2024; and WHEREAS, this travel is recommended to promote regional projects and the City of Lathrop' sfuture development, specifically as it relates to the Mossdale Tract; and
WHEREAS, the following options were considered by Council:

Options Include Cost Budget
Amendment

1. Send 2 Council Members & City Manager Approx. $ 13, 800 Approx. $9, 200

2. Send 1 Council Member & City Manager Approx. $9, 200 Approx. $4, 600

3. Send 1 Council Member Approx. $4, 600 Approx. $4, 600

4. Send City Manager Approx. $4, 600 None

5. Do not send representatives in 2024 None None
Resolution No. 24-
420
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop discussed the matter and hereby approves option # , to have City and Council participant( s) attend the 2024 One Voice legislative event in Washington, D. C.; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop approve the corresponding budget amendment based on the selected option, from the General Fund Reserves to the City Council training and travel account:

Option # Budget Amendment Fund Account
1 9, 200
4 2
3 4, 600
4, 600 1010-1- 10- 435- 20- 0
N/ A
5 N/ A
The foregoing resolution was passed and adopted this 12th day of February, 2024, by the following vote of the City Council, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sonny Dhaliwal, Mayor
ATTEST:

Teresa Vargas, City Clerk
APPROVED AS TO FORM:

Salvador Navarrete, City Attorney
Resolution No. 24-
421
Attachment B

VAN SCOYOC
t
San Joaquin Area Flood Control Agency
Washington D. C. Itinerary
April 9- 11, 2024
Tuesday, April 9
1: 00 pm Meeting with Angela Ebiner and Sydney Dahiyat
Tentative time) Office of Sen. Alex Padilla
331 Hart Senate Office Building
202) 224- 3553
2: 00 pm Meeting with Laura Powell
Tentative time) Senate E&W Appropriations Subcommittee
138 Dirksen Senate Office Building
3: 00 pm Meeting with Carissa Bunge
Tentative time) Office of Senator Laphonza Butler
112 Hart Senate Office Building
202) 224- 3841
4: 00 pm Meeting with Nicole Comisky
Tentative time) Senate Environment and Public Works Committee 508 Hart Senate Office Building
202- 897- 9295
Wednesday, April 10
10: 00 am Meeting with Rep. Josh Harder & Staff (Ata Khan & Taylor Reed) Tentative time) Office of Rep. Josh Harder
209 Cannon House Office Building
202-5- 4540
11: 00 am Meeting with Ryan Hambleton and Ryan Seiger
Tentative time) House Transportation and Infrastructure Committee Subcommittee on Water Resources & Environment ( Majority & Minority staff) 585 Ford House Office Building
422
202-5- 0060
12: 00 pm to Lunch
1: 30pm
2: 00 pm Meeting with Rep. John Duarte & Staff (William Ahlquist) Tentative time) Office of Rep. John Duarte
2265 Rayburn House Office Building
209) 327-745
3: 00 pm Meeting with Richie O' Connell and Jocelyn Hunn Tentative time) House Energy and Water Appropriations Subcommittee ( Majority & Minority) 2362- B Rayburn House Office Building
202) 604-782
Thursday, April 11
9: 30 am Pre -Meeting Briefing Session
Van Scoyoc Associates
800 Maine Ave, SW
11: 00 am Susan Lucas and HQUSACE Team
South Pacific Division Regional Integration Team Leader U. S. Army Corps of Engineers
441 G St. NW
12: 00 pm to Lunch
1: 30pm
2: 00 pm Robyn Colomiso and Stacy Brown
Tentative time) Office of the Assistant Secretary ( Civil Works) Deputy Assistant Secretary of the Army ( Project Planning & Review) Deputy Assistant Secretary of the Army ( Management and Budget) U. S. Army Corps of Engineers
441 G St. NW
423

PAGE LEFT

INTENTIONALLY
BLANK
424
ITEM 5.

CITY MANAGER' S REPORT
FEBRUARY 12, 2024 CITY COUNCIL REGULAR MEETING
ITEM: OUT OF STATE TRAVEL APPROVAL FOR THE 2024

SAN JOAQUIN COUNTY ONE VOICE TRIP
RECOMMENDATION: Adopt Resolution Authorizing Out of State Travel for the 2024 San Joaquin One Voice Trip to
Washington, D. C. from May 5-9, 2024, and Approval
of Related Budget Amendment
BACKGROUND:

Over the past several years, City officials have participated in approximately eighteen ( 18) San Joaquin One Voice visits to Washington D. C., to promote jurisdictional projects and needs. This year, the conference will be from May 5, 2024 through May 9, 2024. In order to prevent a quorum from doing City business during the trip, attendees have traditionally been limited to two ( 2) members of the Council, one of whom may include the Mayor.

City policy requires Council approval for all out of state travel. Additionally, commencing with the FY 2012/ 13 budget process, Council voted to eliminate the One Voice Trip expense from the City Council' sbudget. The same was done for subsequent fiscal years. The travel funds were removed from the Council budget with the notion that if Council elected to have one or two Councilmembers attend this event, a budget amendment would be required depending on the selected option.

The City Manager' stravel budget was kept unchanged; therefore, if Council elects to send the City Manager to attend this event, funds are available in the current budget. If Councilmembers are interested in attending, the following options are available for consideration.

Options Include Cost Budget
Amendment

1. Send 2 Council Members & City Manager Approx. $16, 200 Approx. $10, 800

2. Send 1 Council Member & City Manager Approx. $10, 800 Approx. $5, 400

3. Send 1 Council Member Approx. $5, 400 Approx. $5, 400

4. Send City Manager Approx. $5, 400 None

5. Do not send representatives in 2024 None None
This report identifies estimated costs to attend the One Voice visit this year. * The proposed cost estimate is based on accruals from the 2023 trip. 425

CITY MANAGER' S REPORT
FEBRUARY 12, 2024 CITY COUNCIL REGULAR MEETING
2024 ONE VOICE TRIP OUT OF STATE TRAVEL
REASON FOR RECOMMENDATION:

PAGE 2
This trip helps promote regional projects that align with the San Joaquin Council of Governments' themed concepts of Environmental Sustainability, Trade Corridors, Innovation, Technology Growth Management, and Social Equity and Mobility.

Therefore, during the December 11, 2023, City Council Regular Meeting, the City Council approved the Louise Avenue and Interstate 5 Project, CIP PS 06-6, as the City of Lathrop submittal for the 2024 San Joaquin Council of Governments One Voice Project Nominations. The City will pursue approximately $ 26. 6 Million for design, right -of -away acquisition, and construction.

As a result of staff' participation during these regional trips, the City has benefited with more than $ 1, 790, 000 in federal appropriations from its efforts over the past eighteen ( 18) years.

FISCAL IMPACT:

Depending on tonight' sdecision by Council, a budget amendment from the General Fund Reserves to the City Council Training and Travel Account ( Fund 1010-1- 10- 435- 20- 00) will be required to fund Council participants to attend this years' One Voice Legislative Event. The budget amendment amount may vary depending on the option selected by Council.

As a consistent practice, SJCOG will reimburse Board members for the following; 50% of airfare and hotel expenses, in addition to covering 100% of ride -share, mileage, or taxi services. Also, based upon SJCOG' s policy, per diems will be covered ($ 10 for breakfast, $ 15 for lunch, and $ 30 for dinner). Certain expenses, such as flight upgrades, additional hotel nights beyond the specified group rate period ( May 4 - 9 2024), and rental cars cannot be reimbursed by SJCOG.

Options Include Cost Budget
Amendment

1. Send 2 Council Members & City Manager Approx. $16, 200 Approx. $10, 800

2. Send 1 Council Member & City Manager Approx. $10, 800 Approx. $5, 400

3. Send 1 Council Member Approx. $5, 400 Approx. $5, 400

4. Send City Manager Approx. $5, 400 None

5. Do not send representatives in 2024 None None
ATTACHMENTS:

A. Resolution Authorizing Out -of -State Travel
B. San Joaquin One Voice 2024 Registration Information
C. SJCOG One Voice Itinerary
426

CITY MANAGER' SREPORT
FEBRUARY 12, 2024 CITY COUNCIL REGULAR MEETING
2024 ONE VOICE TRIP OUT OF STATE TRAVEL
APPROVALS:
sa Vargas
Government Services Director &
City Clerk
Ca
Finance l!rector
a /ce/ a
L
Date
Date
PAGE 3
217/
2"1/ loZLJ
Thomas Hedegard Date
Deputy City Manager
2 — Z oz -t(
Salvador Navarrete Date
City Attorney
zei7A
Stephen J. Salvatore Date
City Manager
427
RESOLUTION NO. 24 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP

AUTHORIZING OUT OF STATE TRAVEL FOR THE SAN JOAQUIN ONE VOICE TRIP TO WASHINGTON, D. C. FROM MAY 5, 2024 TO MAY 9, 2024, AND

APPROVING RELATED BUDGET AMENDMENT
WHEREAS, over the past several years, City officials have participated in approximately eighteen San Joaquin One Voice visits to Washington D. C., to promote jurisdictional projects and needs; and
WHEREAS, in previous years, the Mayor, a Council Member, and the City Manager have participated on the trip; and
WHEREAS, in order to prevent a quorum from doing City business during the trip, attendees have traditionally been limited up to two ( 2) members of the Council, one of whom may include the Mayor; and
WHEREAS, commencing with FY 2012/ 13 budget process, Council approved to eliminate the One Voice expense from the City Council' s budget. At that time, it estimated a savings of $ 3, 500 for that fiscal year; and WHEREAS, the travel funds for subsequent fiscal years were also removed from the Council budget with the notion that if Council elected to have one or two City Council Members attend the One Voice legislative event, a budget amendment request would come back to Council for approval; and
WHEREAS, the City Manager' stravel budget was kept unchanged, therefore, if Council elects to send the City Manager to attend this years' One Voice legislative event, funds are available; and
WHEREAS, the following options were considered by Council:

Options Include Cost Budget
Amendment

1. Send 2 Council Members & City Manager Approx. $16, 200 Approx. $10, 800

2. Send 1 Council Member & City Manager Approx. $ 10, 800 Approx. $ 5, 400

3. Send 1 Council Member Approx. $5, 400 Approx. $5, 400

4. Send City Manager Approx. $5, 400 None

5. Do not send representatives in 2024 None None
Resolution No. 24-
428
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop discussed the matter and hereby approves option # , to have City and Council participant( s) attend the 2024 One Voice legislative event in Washington, D. C.; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop approve the corresponding budget amendment based on the selected option, from the General Fund Reserves to the City Council training and travel account:

Option # Budget Amendment Fund Account
1 10, 800
4 2
3 N/ A
5, 400
5, 400 1010-1- 10- 435- 20- 0
5 N/ A
The foregoing resolution was passed and adopted this day of 202 , by the following vote of the City Council, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
a ------
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney Resolution No. 24-
429
The San Joaquin One Voice® trip to DC is scheduled for May 5-9, 2024, in Washington, DC*. The firm of C. J.

Lake, LLC is once again scheduling and facilitating our meetings with our Congressional representatives, various transportation officials, and others from USDOT, housing, education, air quality, and water agencies.

Accommodations:

A block of rooms is being reserved at the Hyatt Regency Washington on Capitol Hill for May 04- 9, 2024. SJCOG has negotiated a group rate of $349 or $ 364 ( plus applicable taxes) for single and double occupancy. More details regarding accommodations will follow.

Link: Click to book a room
Group Name: San Joaquin Council of Governments
Group Code: G- SJQN
Check -in: 05 -MAY -2024
Check- out: 09 -MAY -2024
Hotel Name: Hyatt Regency Washington on Capitol Hill
Hotel Address: 400 New Jersey Ave NW Washington, DC, District of Columbia 20001 Registration:

A $ 200 registration fee is required for each participant attending the 2024 San Joaquin One Voice® trip. The fee is due by April 12, 2024, and includes the costs of your materials, breakfast each day, and the SJCOG sponsored evening reception.

The registration fee for SJCOG Board members ( or their elected designee) is waived, however, we do ask that everyone complete the attached form. Spouses and guests may participate in breakfasts/ receptions on a per - diem basis.

Transportation:

Everyone is responsible for booking their own transportation to and from Washington, DC. SJCOG Board members ( or their elected designee) shall be reimbursed 50% of their airfare and hotel costs.

Cancellation Policy:

No refund of registration fees for all cancellations after April 19, 2024. Substitutions are accepted.

Additional Information:

A pre -trip planning session will be scheduled in early April (date and time are pending). We will be discussing logistics for the trip and identifying lead speakers and discussing their roles.

Please note that plans are subject to change due to any medical or other restrictions at the time of the trip that would affect the ability to meet in person with administration and legislative persons.

One Voice® is a registered trademark of the San Joaquin Council of Governments San Joaquin Council of Governments • 555 East Weber Avenue • Stockton, California 95202 Phone: 209-35- 0444 • Fax: 209-35- 0438 • Email: onevoice@sjcog. org 430
A ONE VOICE®
2024 REGISTRATION FORM
Contact Information:

Name Title:

Organization:

Address: City:

State/ Zip: Phone:

Email: Cell Phone:

The cost is $ 200 per person and includes all breakfasts and the Wednesday evening reception.

Registration fees apply to each participant ( spouses and/ or guests must pay if they will be participating in any meals) and must be paid by April 14. The registration fee is waived for SICOG Board members. Registration fees underwrite the direct costs of the trip.

Amount Enclosed $
Additional Contact Information:

If you are filling out this registration form for someone and would like to be included in future communication for scheduling purposes, please include your contact information below:

Name: Title:

Email: Phone:

Please Note:

The purpose of the San Joaquin One Voice® trip is to seek federal support or funding for projects of regional significance within San Joaquin County. In order to accomplish this goal, we need to present a unified presence as we meet with Congressional, Legislative, and Departmental representatives to advocate for the regionally significant issues that have been agreed upon during the COG selection process.

We understand many of our public officials do double -duty while in D. C., however, please keep in mind the effectiveness of the scheduled One Voice® meetings rely on participation from our delegates. Please discuss any separate meetings you may be scheduling with our staff so the One Voice® meeting schedule can be modified to ensure maximum and comprehensive attendance at all One Voice® meetings.

San Joaquin Council of Governments • 555 East Weber Avenue • Stockton, California 95202 Phone: 209-35- 0444 • Fax: 209-35- 0438 • Email: onevoice@sjcog. org 431
Attachment C
SJCOG One Voice® Itinerary
May 5- 9
Draft as of January 9, 2024
Any meetings listed on this schedule are subject to change, this is not a final list of meetings expected to occur.

Monday, May 6
7: 00 — 9: 30 a. m. Buffet Breakfast/ Group Briefing with CJ Lake team Hyatt Regency Washington on Capitol Hill Hotel, Room TBD 6: 00 p. m.

Tuesday, May 7
San Joaquin RTD/ Regional Rail Commission Hosted Dinner All Invited) — Additional details with RSVP instructions to follow.
7: 00 — 9: 30 a. m. Buffet Breakfast/ Day Briefing
Hyatt Regency Washington on Capitol Hill, Room TBD
6: 30 p. m.

Wednesday, May 8
7: 30 — 8: 30 a. m.
5: 00 — 6: 30 p. m.
6: 45 p. m.

Thursday, May 9
Port of Stockton Hosted Dinner
All invited) — RSVP information and additional details to follow.

Please Note: **Dress Code — Jackets are required, tie optional.

Buffet Breakfast/ Day Briefing
Hyatt Regency Washington on Capitol Hill, Room TBD
One Voice® Reception with Congressional Members ( and staff) Hyatt Regency Washington on Capitol Hill
Hotel, Room TBD
Washington Nationals Ball Game — (All invited) Additional details and RSVP information to follow.

Open for non -One Voice® meetings/ travel
432

CITY MANAGER' S REPORT
FEBRUARY 12, 2024 REGULAR CITY COUNCIL MEETING
ITEM:

ITEM 5. 6

ESTABLISH LOCAL HOUSING ASSISTANCE PROGRAM

FOR SWORN CITY OF LATHROP POLICE DEPARTMENT
AND SWORN LATHROP STATIONED LATHROPMANTECA FIRE DISTRICT ( LMFD) EMPLOYEES RECOMMENDATION: Council to Consider Adopting a Resolution to Establish a Local Housing Assistance Program for
Sworn City of Lathrop Police Department and Sworn
Lathrop Stationed Lathrop -Manteca Fire District
LMFD) Employees and Associated Budget
Amendment
SUMMARY:

On January 8, 2024 the City Council received a referral to discuss the potential of the City offering a Local Housing Assistance Program for sworn, City of Lathrop Police Department staff and Lathrop stationed Lathrop -Manteca Fire District ( LMFD) sworn staff. Staff was made aware of educational sessions that were held at the National League of Cities, where a reoccurring theme emerged of incentives to retain sworn staffing. Local Housing Assistance Programs were one of the retention strategies that has had success in other communities of similar size to Lathrop.

Attracting, hiring and retaining experienced public safety professionals is an effective utilization of City funds and department training resources. LMFD has invested significantly in Advanced Life Support ( paramedic) training for employees, however retaining them once trained has become increasingly difficult. Public safety staff who reside in Lathrop also provide a deeper breadth of familiarity to the City' s sworn public safety response.

Staff is recommending that if a Local Housing Assistance Program is offered it could ease the financial burden on sworn staff to take up residency in the City. Additionally, the program would reduce the cost of recruitment and training new staff due to turnover. The program would encourage public safety staff to live within the City with a forgivable maximum 10 -year loan of up to $ 10, 000. These funds would be provided to help with the purchase of a new home, in turn the City would then forgive 10% of the original loan amount for each 12 -month period of full- time service to the City of Lathrop/ LMFD for ten years. The Program would require a budget amendment to fund initially and may need additional funds in future fiscal years based on utilization.

BACKGROUND:

On January 8, 2024 the City Council received a referral to discuss the potential of the City offering a Local Housing Assistance Program for sworn, City of Lathrop Police Department staff and Lathrop stationed Lathrop - Manteca Fire District ( LMFD) sworn staff. Staff was made aware of sessions that were held at the National League of Cities where a reoccurring theme emerged of incentives to retain sworn staffing. Local 433
CITY MANAGER' S REPORT Page 1 2
FEBRUARY 12, 2024 CITY COUNCIL REGULAR MEETING

ESTABLISH LOCAL HOUSING ASSISTANCE PROGRAM FOR SWORN STAFF Housing Assistance Programs were one of the retention strategies that has had success in other communities of similar size to Lathrop.

Attracting, hiring and retaining experienced public safety professionals is an effective utilization of City funds and department training resources. LMFD has invested significantly in Advanced Life Support ( paramedic) training for employees, however retaining them once trained has become increasingly difficult. Public safety staff who reside in Lathrop also provide a deeper breadth of familiarity to the City' s sworn public safety response.

Many California public safety agencies are trying to figure out how to both fill their ranks while also improving relationships in their communities. Sworn staffing in the community provides many benefits. In the event of emergencies, for example, police officers and firefighters would respond faster if they lived within the City limits, rather than miles away where homes cost less. Local Housing Assistance Programs have also shown to help keep employees longer, this is beneficial in the current environment when other agencies have begun to offer competing hiring incentives.

Local Housing Incentive Program loans paid would be subject to all applicable taxes, withholdings, and deductions in accordance with current laws and IRS regulations.

Furthermore, loan payments would be considered lump sum amounts and not reportable to CaIPERS as compensation. Eligible employees have one opportunity to participate in the program. The loan will require a lien on the property and will be due in full upon the sale of the home. There may be scenarios where an employee has not sold their home and is no longer working for the agency. In those instances, the City will strive to get the loan repaid as quickly as possible. The City' s loan agreement will have the appropriate default provisions should that unfortunately occur. Refer to the program guidelines below for a list of proposed guidelines.

Staff is recommending that if a Local Housing Assistance Program is offered it could ease the financial burden on sworn staff to take up residency in the City. The program would encourage public safety staff to live within the City with a forgivable maximum 10 -year loan of up to $ 10, 000. These funds would be provided to help with the purchase of a new home to be used as the primary residence of the beneficiary of the incentive. In turn, the City would then forgive 10% of the original loan amount for each 12 -month period of the beneficiary' sfull- time service to the City of Lathrop or LMFD for ten years. The Program would require a budget amendment to fund initially and may need additional funds in future fiscal years based on utilization.

Guidelines: ( Proposed and subject to changes)
To qualify and receive a Local Housing Assistance Program incentive loan through the City of Lathrop, applicants must meet the following requirements:

1. The Local Housing Assistance Program applicant must be currently employed as a sworn member of the City of Lathrop Police Department staff or be a City of Lathrop stationed Lathrop - Manteca Fire District ( LMFD) sworn staff. 434
CITY MANAGER' SREPORT Page 1 3
FEBRUARY 12, 2024 CITY COUNCIL REGULAR MEETING

ESTABLISH LOCAL HOUSING ASSISTANCE PROGRAM FOR SWORN STAFF

2. The incentive loan would be used to assist the qualifying employee to acquire a primary residence in Lathrop city limits.

3. The loan amount of up to $ 10, 000 would be written off at the rate of ten per cent 10%) per year as long as the sworn staff maintains primary occupancy of the residence and remains employed full- time by the City of Lathrop Police Department or LMFD

4. The loan shall be immediately due and payable upon any of the following events occurring earlier than ten ( 10) years from the date of the loan:
a. Sworn staff no longer is employed or is released from employment by the City of Lathrop Police Department or LMFD.
b. The qualifying employee no longer maintains the subject property as their residence or the title is changed so that title is not in their name at least as to 50%.

5. Qualifying employee understands that there will be tax consequences arising for the forgiveness of this incentive loan and has been instructed by City to obtain tax advice in that regard.

6. Qualifying employee understands and agrees that the City will require this loan to be secured by a trust deed on the subject residence, but that this loan is not purchase money loan subject to provisions of 580b of the California Code of Civil Procedure.

7. This program would not be retroactive and would not apply to staff who already own a primary residence within the City of Lathrop city limits.

8. Funding is limited and will be based on annual appropriation limits set by City Council. Applications will be processed in the order that they are received and funds dispersed contingent upon funding availability on a first -come, first served basis.

RECOMMENDATION:

Staff recommends that the City Council consider the proposed program details with the purpose of the program being to attract, hire and retain experienced public safety staff for the residents and community of the City of Lathrop.

FISCAL IMPACT:

Staff time to review and verify eligibility of applicants, dispense incentive loans, and to monitor and manage the Local Housing Incentive Program will be absorbed in the Council approved operating budget of each Department involved. The Program would require a budget amendment to fund initially and may need additional funds in future 435
CITY MANAGER' SREPORT Page 1 4
FEBRUARY 12, 2024 CITY COUNCIL REGULAR MEETING

ESTABLISH LOCAL HOUSING ASSISTANCE PROGRAM FOR SWORN STAFF fiscal years based on utilization. The funding is proposed to come from Measure C contingent upon review and endorsement from the Measure C committee. Depending on Council' s decision a budget amendment to increase account 1060-9- 10- 420- 16- 00 commensurate with the number of initial incentive loans to be funded by the program.

Options Include: Cost Budget
Amendment

1. Fund 3 Local Housing Incentive Program loans 30, 000 30, 000

2. Fund 4 Local Housing Incentive Program loans 40, 000 40, 000

3. Other
ATTACHMENTS:

A. Resolution to establish a Local Housing Assistance Program for sworn City of Lathrop Police Department and sworn Lathrop stationed Lathrop - Manteca Fire District ( LMFD) employees and associated budget amendment 436
CITY MANAGER' SREPORT Page 1 5
FEBRUARY 12, 2024 CITY COUNCIL REGULAR MEETING

ESTABLISH LOCAL HOUSING ASSISTANCE PROGRAM FOR SWORN STAFF APPROVALS:
2/7/ j61 L)
Thomas Hedegard Date
Deputy City Manager
Z -7-a y
Salvador Navarrete Date
City Attorney
Ste en J. Salvatore
City Manager
Date
z/ 117.1-
437
RESOLUTION NO. 24 —

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

ESTABLISH A LOCAL HOUSING ASSISTANCE PROGRAM FOR SWORN CITY OF

LATHROP POLICE DEPARTMENT AND SWORN LATHROP STATIONED

LATHROP- MANTECA FIRE DISTRICT ( LMFD) EMPLOYEES AND ASSOCIATED

BUDGET AMENDMENT
WHEREAS, on January 8, 2024 the City Council received a referral to discuss the potential of the City offering a Local Housing Assistance Program for sworn, City of Lathrop Police Department staff and Lathrop stationed Lathrop - Manteca Fire District ( LMFD) sworn staff; and
WHEREAS, staff was made aware of educational sessions that were held at the National League of Cities, where a reoccurring theme emerged of incentives to retain sworn staffing. Local Housing Assistance Programs were one of the retention strategies that has had success in other communities of similar size to Lathrop; and WHEREAS, attracting, hiring and retaining experienced public safety professionals is an effective utilization of City funds and department training resources. LMFD has invested significantly in Advanced Life Support ( paramedic) training for employees, however retaining them once trained has become increasingly difficult; and
WHEREAS, staff is recommending that if a Local Housing Assistance Program is offered it could ease the financial burden on sworn staff to take up residency in the City of Lathrop. Additionally, the program would reduce turnover and therefore reduce the cost of recruitment and training new staff due to turnover; and WHEREAS, the program would encourage public safety staff to live within the City with a forgivable maximum 10 -year loan of up to $ 10, 000. These funds would be provided to help with the purchase of a new home, in turn the City would then forgive 10% of the original
full- time service to the City
loan
of Lathrop
amount
or
for
LMFD
each
for
12 -
ten
month
years;
period
and
of the beneficiary' s
WHEREAS, to qualify and receive a Local Housing Assistance Program incentive loan through the City of Lathrop, applicants must meet the following requirements:

1. The Local Housing Assistance Program applicant must be currently employed as a sworn member of the City of Lathrop Police Department staff or be a City of Lathrop stationed Lathrop - Manteca Fire District ( LMFD) sworn staff.

2. The incentive loan would be used to assist the qualifying employee to acquire a primary residence in Lathrop city limits.

3. The loan amount of up to $ 10, 000 would be written off at the rate of ten per cent ( 10%) per year as long as the sworn staff maintains primary occupancy 438
of the residence and remains employed full- time by the City of Lathrop Police Department or LMFD

4. The loan shall be immediately due and payable upon any of the following events occurring earlier than ten ( 10) years from the date of the loan:
a. Sworn staff no longer is employed or is released from employment by the City of Lathrop Police Department or LMFD.
b. The qualifying employee no longer maintains the subject property as their residence or the title is changed so that title is not in their name at least as to 50%.

5. Qualifying employee understands that there will be tax consequences arising for the forgiveness of this incentive loan and has been instructed by City to obtain tax advice in that regard.

6. Qualifying employee understands and agrees that the City will require this loan to be secured by a trust deed on the subject residence, but that this loan is not purchase money loan subject to provisions of 580b of the California Code of Civil Procedure.

7. This program would not be retroactive and would not apply to staff who already own a primary residence within the City of Lathrop city limits.

8. Funding is limited and will be based on annual appropriation limits set by City Council. Applications will be processed in the order that they are received and funds dispersed contingent upon funding availability on a first -come, first served basis; and
WHEREAS, staff recommends that the City Council consider the proposed program details with the purpose of the program being to attract, hire and retain experienced public safety staff for the residents and community of the City of Lathrop.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lathrop discussed the matter and hereby approves option # , to establish a Local Housing Assistance Program for sworn City of Lathrop Police Department and sworn Lathrop stationed Lathrop - Manteca Fire District ( LMFD) employees and associated budget amendment; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop approves the corresponding budget amendment based on the selected option:

Option # Budget Amendment Fund Account
1 30, 000
2 3
40, 000
Other
1060-9- 10- 420- 16- 00
439
The foregoing resolution was passed and adopted this 12th day of February 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 440
ITEM 6. 1

CITY MANAGER' S REPORT
FEBRUARY 12, 2024 CITY COUNCIL REGULAR MEETING
ITEM: MAYOR DHALIWAL REFERRAL: APPOINTMENT OF A

BOARD OF DIRECTOR, AND ALTERNATE, TO THE AVA

COMMUNITY ENERGY BOARD OF DIRECTORS
RECOMMENDATION: Mayor to Appoint a Councilmember to the Ava Community Energy, Formerly East Bay Community
Energy, Board of Directors, and an Alternate,
Representing the City of Lathrop as a Member
Agency ( Appointment Subject to FORM 700 Filings)
SUMMARY:

In 2018, the County of Alameda and eleven cities launched Ava ( formerly East Bay Community Energy ( EBCE)) as a not -for- profit public agency that governs Community Choice Energy service. The Joint Power Agency expanded in 2021. The cities that are currently being served by Ava are Albany, Berkeley, Dublin, Emeryville, Fremont, Hayward, Livermore, Newark, Oakland, Piedmont, Pleasanton, San Leandro, Tracy, and Union City. The unincorporated areas of Alameda County, which include Ashland, Castro Valley, Cherryland, Fairview, San Lorenzo, and Sunol, are also served by Ava. On March 13, 2023, the City Council received a presentation from Ava ( formerly EBCE) regarding the benefits of implementing a Community Choice Aggregation program. The potential benefits include lower electrical rates, local control and, investment, and environmental sustainability. On July 10, 2023, the Lathrop City Council held a public hearing to consider adopting an ordinance to implement a Community Choice Aggregation Program, and a Joint Powers Agreement with EBCE, now known as Ava, to provide electric services in the City of Lathrop. On August 14, 2023, the City Council adopted Ordinance No. 23- 447 authorizing the implementation the Community Choice Aggregation Program to provide electric services in the City of Lathrop. In 2025, it is expected that Ava will extend service to the San Joaquin County cities of Stockton and Lathrop.

Appointed Ava Board of Director, and Alternate, Requirements:

The Ava Board of Directors consists of one elected official from each member agency.

Appointed Board of Director, and Alternate, are subject to filing a Statement of Economic Interests ( Form 700); including an Assuming Office within 30 days of appointment with Ava' s Clerk of the Board and the Fair Political Practices Commission. Late statements are subject to a $ 10 per day late fine.

The next Ava Board of Directors meeting will be held on February 21, 2024.

Ava' s Board of Directors meet once a month; special sessions as needed.

Agenda can be found on Ava' s website: https:// avaenergy. or/ meetings/.

Ava Board of Directors, and or alternate, receive a stipend currently set at 123. 55 for each board and subcommittee meeting attended, with a cap of four meetings per month.
441
CITY MANAGER' S REPORT PAGE 2
FEBRUARY 12, 2024 CITY COUNCIL MEETING

APPOINT VOTING MEMBER AND ALTERNATE TO AVA COMMUNITY ENERGY

BOARD OF DIRECTORS
Pursuant to the City Council Handbook of Rules and Regulations, Chapter V, Section A ( 1)( b), staff is requesting the Mayor to appoint, a Councilmember to the Ava Community Energy, Formerly East Bay Community Energy, Board of Directors, Representing the City of Lathrop as a Member Agency. Including an Alternate Board of Director, in the event the primary delegate is not able to attend the scheduled meetings.

FISCAL IMPACT:

There is no fiscal impact to the City of Lathrop associated with the appointment of a Board of Director, and Alternate, to the Ava Board of Directors. Ava Community Energy will provide the stipend directly to the appointed Director, or Alternate, which will cover their time and mileage, for each meeting attended.

SUBMITTED BY:
resa Vargas
Government Services Director/
City Clerk
Date
47/ aoai- i
442