CITY OF LATHROP
CITY COUNCIL REGULAR MEETING
MONDAY, MARCH 11, 2024
7: 00 P. M.
COUNCIL CHAMBER, CITY HALL
390 Towne Centre Drive
Lathrop, CA 95330
MINUTES
PLEASE NOTE: There was a Closed Session, which commenced at 6: 19 P. M. The Regular Meeting reconvened at 7: 03 p. m.
1. PRELIMINARY
1. CALL TO ORDER - Mayor Dhaliwal called the meeting to order at 6: 19 p. m.
1. 2 CLOSED SESSION
1. 2. CONFERENCE WITH LEGAL COUNSEL Existing Litigation - Pursuant to Government Code Section 54956. 9(d)( 1):
15700 South McKinley Avenue Industrial Park Association vs. City of Lathrop, San Joaquin County Superior Court, Case No. STK- CV- UBC- 2019- 0004954
1.2. CONFERENCE WITH LEGAL COUNSEL Anticipated Litigation - Significant Exposure to Litigation Pursuant to Government Code Section 54956. 9(d)( 2):
1 Potential Case
1.2.3 LIABILITY CLAIMS
Pursuant to Government Code Section 54956. 95( a)
Claimant: Steven Schneider
Agency Claimed Against: City of Lathrop
Claimant: Qi Wei Chen
Agency Claimed Against: City of Lathrop
Claimant: Dolores Dominguez
Agency Claimed Against: City of Lathrop
Claimant: Naomi Valenzuela
Agency Claimed Against: City of Lathrop
RECONVENE - Mayor Dhaliwal reconvened the meeting at 7: 03 p. m.
March 11, 2024 Lathrop City Council Regular Meeting Minutes Page 1
1.2.4 REPORT FROM CLOSED SESSION
City Attorney Salvador Navarrete reported that direction was provided pursuant to matters under Item 1.2; the City Council approved settlement agreement with the City receiving $ 150, 00pursuant to Item
1. 2.; approved rejection of all liability claims under Item 1. 2.3by a vote of 3-0; and provided staff direction on all other items. No other reportable action was taken.
1. 3 ROLL CALL Present: Mayor Dhaliwal; Councilmembers Lazard and Torres -O' Callaghan.
Absent: Councilmember Akinjo and Vice Mayor Diallo.
1. 4 INVOCATION - Pastor Troy Stein, New Life Church, provided the invocation.
1. 5 PLEDGE OF ALLEGIANCE - Pastor Stein led the pledge of allegiance.
1. 6 ANNOUNCEMENT( S) BY MAYOR / CITY MANAGER -
City Manager Stephen Salvatore pulled Item 5.2, citing that staff required additional time to complete further research; and provided an overview on traffic flow changes on Louise Avenue and McKinley Avenue due to construction activity commencing in the next couple of weeks.
Additional information can be found on the city' s website, under Road Closures and Road Work.
1. 7 INFORMATIONAL ITEM( S) - None
1. 8 DECLARATION OF CONFLICT( S) OF INTEREST - None
2. PRESENTATIONS - None
3. CITIZEN' SFORUM
City Clerk Teresa Vargas announced public comment letter received by Ernesto Rodriguez, dated March 11, 2024. Alex Barba ( in person speaker) expressed appreciation for traffic mitigation efforts enhancing traffic safety; spoke against approving additional projects generating commercial truck traffic.
Gavin Duarte ( in person speaker) Legislative Representative for Congress Member John Duarte, provided an overview of various legislative updates and activities for California' s 13th District. Ernie ( Ernesto) Rodriguez ( zoom speaker) commented on his public comment letter regarding City Council decorum.
March 11, 2024 Lathrop City Council Regular Meeting Minutes Page 2
4. CONSENT CALENDAR
On a motion by Councilmember Lazard, seconded by Councilmember Torres - O' Callaghan, the City Council approved the Consent Calendar, by the following roll call vote, unless otherwise indicated:
Ayes: Lazard, Torres -O' Callaghan and Dhaliwal
Noes: None
Absent: Akinjo and Diallo
Abstain: None
4. 1 WAIVING OF READING OF ORDINANCES AND RESOLUTIONS
Waived the reading in full of ordinances and resolutions on agenda and adopt by reading of title only, unless otherwise requested by the Mayor or a Councilmember.
4. 2 APPROVAL OF MINUTES
Approved Minutes for the Regular Council Meeting of January 08, 2024.
4. 3 SECOND READING AND ADOPTION OF ORDINANCE 24- 456 OF THE CITY
COUNCIL OF THE CITY OF LATHROP AMENDING LATHROP MUNICIPAL CODE TITLE 10 VEHICLES AND TRAFFIC, CHAPTER 10. 08 SPEED LIMITS SECTION 10. 08.30 "SPEED LIMITS"
Waived second reading in full and adopted Ordinance 24- 456 amending Lathrop Municipal Code Title 10 Vehicles and Traffic, Chapter
10. 08 Speed Limits Section 10. 08.30 "Speed Limits".
4. REVIEW OF THE CAPITAL FACILITY FEE FUNDS REPORT FOR FY 2022 2023
Reviewed and accepted the Capital Facility Fee Funds Report for Fiscal Year 2022-023.
4. 5 ACCEPTANCE OF THE CITY OF LATHROP ANNUAL COMPREHENSIVE FINANCIAL REPORT ( ACFR) FOR THE FISCAL YEAR ENDING JUNE 30, 2023
Adopted Resolution 24- 5470 accepting the City of Lathrop Annual Comprehensive Financial Report ( ACFR) for the Fiscal Year Ending June 30, 2023.
4. 6 APPROVE OUT OF STATE TRAVEL FOR THE CHIEF OF POLICE TO ATTEND THE INTERNATIONAL ASSOCIATION OF CHIEFS OF POLICE ( IACP) 2024
CONFERENCE AND EXPOSITION IN BOSTON, MASSACHUSETTS
March 11, 2024 Lathrop City Council Regular Meeting Minutes Page 3 Adopt Resolution 24- 5471 authorizing the Chief of Police to attend the International Association of Chiefs of Police ( IACP) 2024 Annual Conference and Exposition in Boston, MA, October 19 - 22, 2024.
4. 7 APPROVE OUT OF STATE TRAVEL FOR TWO CITY ISD ENGINEERS TO ATTEND THE DEFCON 32 CONFERENCE IN LAS VEGAS, NEVADA
Adopt Resolution 24- 5472 approving out of state travel for two City ISD Engineers to attend the Defcon 32 Conference in Las Vegas, Nevada from August 8- 11, 2024.
4. 8 APPROVE OUT OF STATE TRAVEL FOR TWO CITY STAFF MEMBERS TO ATTEND THE TYLER CONNECT 2024 CONFERENCE, IN INDIANA
Adopt Resolution 24- 5473 authorizing out of state travel for the Senior Management Analyst and Customer Service Supervisor to attend the Tyler Connect 2024 Conference in Indianapolis, Indiana, from May 19- 22, 2024.
4. 9 APPROVE AN AGREEMENT FOR A RAPID EMERGENCY RESPONSE
SYSTEM AND RELATED BUDGET AMENDMENT
Adopt Resolution 24- 5474 approving an Agreement for a Rapid Emergency Response System, and related budget amendment.
4. 10 APPROVE PURCHASE OF SOFTWARE AND ENTERPRISE LICENSE AND
APPROVE MAINTENANCE SERVICE AGREEMENT WITH SWARCO
MCCAIN, INC. ASSOCIATED WITH THE CITYWIDE TRAFFIC SYSTEMS AND SAFETY UPGRADES PROJECT, CIP PS 23- 01
Adopt Resolution 24- 5475 approving the purchase of Software and Enterprise License, and approve a Maintenance Service Agreement with Swarco McCain, Inc., associated with the Citywide Traffic Systems and Safety Upgrades Project, CIP PS 23- 01.
4. 11 CREATE CIP PS 24- 32 FOR MOSSDALE PAVEMENT PREVENTATIVE
MAINTENANCE AND APPROVE BUDGET AMENDMENT
Adopt Resolution 24- 5476 creating CIP PS 24- 32 for Mossdale Pavement Preventative Maintenance, and approving budget amendment.
4. 12 AWARD SERVICE CONTRACT TO BEAR ELECTRICAL SOLUTIONS, INC.
FOR ON - CALL ELECTRICAL SERVICES FOR FISCAL YEAR 2023-024 Adopt Resolution 24- 5477 awarding a Service Contract to Bear Electrical Solutions, Inc. for on -call electrical services for Fiscal Year 2023-024.
March 11, 2024 Lathrop City Council Regular Meeting Minutes Page 4
4. 13 AWARD CONSTRUCTION CONTRACT TO TRIP STOP SIDEWALK REPAIR INC. FOR CITYWIDE SIDEWALK IMPROVEMENTS, CIP PS 24- 08
Adopt Resolution 24- 5478 awarding Construction Contract to Trip Stop Sidewalk Repair Inc., for citywide sidewalk improvements, CIP PS 24- 08.
4. 14 AUTHORIZE ACCEPTANCE OF AN SB 1383 LOCAL ASSISTANCE GRANT
PROGRAM FROM THE DEPARTMENT OF RESOURCES RECYCLING AND
RECOVERY ( CALRECYCLE)
Adopt Resolution 24- 5479 authorizing the acceptance of an SB 1383 Local Assistance Grant, from the Department of Resources, Recycling, and Recovery ( CalRecycle), to Reduce Organic Waste.
4. 15 APPROVE ADDITIONAL INDUSTRIAL SOLID WASTE LICENSES FOR RA RA TRUCKING, INC., CALIFORNIA MATERIALS, INC., AND CAL - WASTE RECOVERY SYSTEMS FOR THE REMAINDER OF FISCAL YEAR 2023-4 Rudy Vaccarezza ( in person speaker), representing Cal -Waste, spoke in support of the item.
1. Adopt Resolution 24- 5480 approving Annual Industrial Solid Waste License for Ra Ra Trucking, Inc., for the remainder of Fiscal Year 2023-4;
2. Adopt Resolution 24- 5481 approving Annual Industrial Solid Waste License for California Materials, Inc., for the remainder of Fiscal Year 2023-4; and
3. Adopt Resolution 24- 5482 approving Annual Industrial Solid Waste License for Cal -Waste Recovery Systems, for the
remainder of Fiscal Year 2023-4.
5. SCHEDULED ITEMS
5. 1 PUBLIC HEARING ( PUBLISHED NOTICE) TO ADOPT AN ORDINANCE TO AMEND THE LATHROP MUNICIPAL CODE ( LMC) TO REGULATE SHORTTERM RENTALS AND BICYCLE VIOLATIONS BY ADDING NEW CHAPTERS TO TITLE 5, BUSINESS LICENSES AND REGULATIONS, AND TITLE 9,
PUBLIC PEACE AND WELFARE
Chief of Police Stephen Sealy provided the presentation. A question and answer period followed. Mayor Dhaliwal opened the public hearing.
Michael Ross ( zoom speaker) requested to speak; when called to speak, caller was unable to unmute the phone. Ernie ( Ernesto) Rodriguez zoom speaker) requested additional information regarding enforcement procedures and the impounding of bicycles, including electric bicycles.
There were no other speakers. Mayor Dhaliwal closed the public hearing.
March 11, 2024 Lathrop City Council Regular Meeting Minutes Page 5 On a motion by Councilmember Lazard, seconded by Councilmember Torres -O' Callaghan, the City Council considered the following:
1. Held a public hearing; and
2. Waived first reading and introduced an ordinance amending the Lathrop Municipal Code regulating short- tem rentals and bicycle violations by adding new Chapters to Title 5, "Business Licenses and Regulations", and Title 9, "Public Peace and Welfare". The new Chapters included the following:
Chapter 5. 10 (Short -Term Rental Prohibition): adding new Chapter to prohibit short- tem vacation rentals; and
Chapter 9. 28 (Bicycles Used in Violation of the California Vehicle Code): adding new Chapter to regulate bicycles
used in violation of the California Vehicle Code.
Ayes: Lazard, Torres -O' Callaghan and Dhaliwal
Noes: None
Absent: Akinjo and Diallo
Abstain: None
5. 2 DISCUSS AND CONSIDER AWARD OF CONSTRUCTION CONTRACT TO DIRT DYNASTY, INC. FOR LATHROP ROAD RESIDENTIAL DRIVEWAY RECONSTRUCTION, CIP GG 24-7 AND APPROVE BUDGET AMENDMENT Item 5. 2 removed from agenda, pursuant to notice under Item 1. 6.
Discuss and Consider Adopting a Resolution to Award Construction Contract to Dirt Dynasty, Inc. for the Lathrop Road Residential Driveway Reconstruction, CIP GG 24-7 and Approve Budget Amendment
5. 3 BIENNIAL BUDGET FISCAL YEAR 2023-4 MID -YEAR REPORT ( YEAR 1) Deputy City Manager Thomas Hedegard and Finance Director Cari James provided the presentation. A question and answer period ensued throughout the presentation. Recreation Manager Melissa Stathakopoulos provided additional information regarding the request for swing gates at the Generation Center.
On a motion by Mayor Dhaliwal, seconded simultaneously by Councilmembers Lazard and Torres -O' Callaghan, the City Council adopted Resolution 24- 5483 approving the Mid -Year Budget Report for Year 1 of the Biennial Budget FY 2024 and FY 2025, and related budget and position requests.
Ayes: Lazard, Torres -O' Callaghan and Dhaliwal
Noes: None
Absent: Akinjo and Diallo
Abstain: None
March 11, 2024 Lathrop City Council Regular Meeting Minutes Page 6
6. COUNCIL COMMUNICATIONS
6. 1 MAYOR & COUNCILMEMBER COMMITTEE REPORT( S) - None
6. 2 MAYOR & COUNCILMEMBER COMMENT( S)
Councilmembers thanked those in attendance. Councilmember Torres - O' Callaghan thanked recreation staff for assisting in the opening of the Lathrop High School food pantry, and wished students a happy spring break. Mayor Dhaliwal announced his attendance to the Lathrop Little League opening ceremony, and expressed his appreciation to the Lathrop Little League Board Members for organizing the event.
7. ADJOURNMENT - There being no further business, Mayor Dhaliwal adjourned the meeting at 7: 49 p. m.
sa Vargas, MMC,
Government Services Directo
City Clerk
March 11, 2024 Lathrop City Council Regular Meeting Minutes Page 7