Lathrop City Council
April 8, 2024

325
DocuSign Envelope ID: 53915F3E- A72D- 4CA7- 8120- 1CC959B888F3 CITY OF LATHROP — MCC CONTROLS LLC DBA PRIMEX

TO PROVIDE THE REPLACEMENT OF THE PLC AND OIT AT J STREET STORM

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The services shall be performed by, or under the direct supervision, CONSULTANT' sAuthorized Representative: Max Hanson
CONSULTANT shall not replace its Authorized Representatives without the prior written approval by the CITY.
8) Assignment and Subcontracting.

It is recognized by the parties hereto that a substantial inducement to CITY for entering into this Agreement was, and is, the professional reputation and competence of CONSULTANT. Neither this Agreement nor any interest therein may be assigned by CONSULTANT without the prior written approval of CITY' S authorized representative. CONSULTANT shall not subcontract any portion of the performance contemplated and provided for herein, other than the subcontractors noted in the proposal, without prior written approval of the CITY' Sauthorized representative.
9) Insurance.

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

CONSULTANT shall not allow any subcontractor to commence work on any subcontract until all insurance required of the CONSULTANT has also been obtained for the subcontractor. Verification of this insurance shall be submitted and made part of this Agreement prior to execution.
a)
sole
Workers'
cost
Compensation.
and expense, maintain

CONSULTANT
Statutory
shall,
Workers'
at CONSULTANT' S
Compensation
Insurance and Employer' s Liability Insurance for any and all persons employed directly or indirectly by CONSULTANT. Said Statutory Workers' Compensation Insurance and Employer' s Liability Insurance shall be provided with limits of not less than one million dollars. In the alternative, CONSULTANT may rely on a selfinsurance program to meet these requirements provided that the program of self- insurance complies fully with the provisions of the California Labor Code. The insurer, if insurance is provided, or the CONSULTANT, if a program of self- insurance is provided, shall waive all rights of subrogation against the CITY for loss arising from work performed under this Agreement.

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DocuSign Envelope ID: 53915F3E- A72D- 4CA7- 8120- 1CC959B888F3 CITY OF LATHROP — MCC CONTROLS LLC DBA PRIMEX

TO PROVIDE THE REPLACEMENT OF THE PLC AND OIT AT J STREET STORM

DRAIN LIFT STATION
b) Commercial General and Automobile Liability Insurance.

CONSULTANT, at CONSULTANT' Sown cost and expense, shall maintain commercial general and automobile liability insurance for the period covered by this Agreement in an amount not less than one million dollars per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement.

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

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

Each of the following shall be included in the insurance coverage or added as an endorsement to the policy:
i) CITY, its officers, employees, agents, and volunteers are to be covered as insured with respect to each of the following:
liability arising out of activities performed by or on behalf of CONSULTANT, including the insider' s
general supervision of
CONSULTANT; products and completed operations of
CONSULTANT; premises owned, occupied or used by
CONSULTANT. The coverage shall contain no special
limitations on the scope of protection afforded to CITY, its officers, employees, agents, or volunteers.
ii) The insurance shall cover on an occurrence or an accident basis, and not on a claims made basis.
iii) An endorsement must state that coverage is primary insurance and that no other insurance affected by the CITY will be called upon to contribute to a loss under the coverage. iv) Any failure of CONSULTANT to comply with reporting
provisions of the policy shall not affect coverage provided to CITY and its officers, employees, agents, and volunteers.

327
DocuSign Envelope ID: 53915F3E- A72D- 4CA7- B120- 1CC959B888F3 CITY OF LATHROP — MCC CONTROLS LLC DBA PRIMEX

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v) Insurance is to be placed with California -admitted insurers with a Best' srating of no less than A: VII.
vi) Notice of cancellation or non -renewal must be received by CITY at least thirty days prior to such change.
c) Deductibles and Self -Insured Retentions. CONSULTANT shall disclose the self -insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement.

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

328
DocuSign Envelope ID: 53915F3E- A72D- 4CA7- 8120- 1CC959B888F3 CITY OF LATHROP — MCC CONTROLS LLC DBA PRIMEX

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Hi) Terminate this Agreement.

Exercise of any of the above remedies, however, is an alternative to other remedies CITY may have and is not the exclusive remedy for CONSULTANT' Sbreach.
10) Indemnification - CONSULTANT' SResponsibility.

As to the CONSULTANT' Swork hereunder, it is understood and agreed that (a) CONSULTANT has the professional skills necessary to perform the work, that (b) CITY relies upon the professional skills of CONSULTANT to perform the work in a skillful and professional manner, and (c) CONSULTANT thus agrees to so perform.

Acceptance by CITY of the work performed under this Agreement does not operate as a release of said CONSULTANT from such professional responsibility for the work performed. It is further understood and agreed that CONSULTANT is apprised of the scope of the work to be performed under this Agreement and CONSULTANT agrees that said work can and shall be performed in a fully competent manner in accordance with the standard of care applicable to CONSULTANT' Sprofession.

CONSULTANT shall indemnify, defend, and hold CITY, it officers, employees, agents, and volunteers harmless from and against any and all liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused by the willful misconduct or negligent acts or omissions of CONSULTANT, its employees, subcontractors, or agents, or on account of the performance or character of this work, except for any such claim arising out of the negligence or willful misconduct of the CITY, its officers, employees, agents, or volunteers. It is understood that the duty of CONSULTANT to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance of insurance certificates and endorsements required under this Agreement does not relieve CONSULTANT from liability under this indemnification and hold harmless clause.

This indemnification and hold harmless clause shall apply whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages.

329
DocuSign Envelope ID: 53915F3E- A72D- 4CA7- B120- 1CC959B888F3 CITY OF LATHROP — MCC CONTROLS LLC DBA PRIMEX

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11) Licenses.

If a license of any kind, which term is intended to include evidence of registration, is required of CONSULTANT, its employees, agents, or subcontractors by federal or state law, CONSULTANT warrants that such license has been obtained, is valid and in good standing, and CONSULTANT shall keep it in effect at all times during the term of this Agreement, and that any applicable bond has been posted in accordance with all applicable laws and regulations.
12) Business Licenses.

CONSULTANT shall obtain and maintain a CITY of Lathrop Business License until all Agreement services are rendered and accepted by the CITY. 13) Termination.

Either CITY or CONSULTANT may cancel this Agreement upon 30 days written notification to the other party. In the event of termination, the CONSULTANT shall be entitled to compensation for services performed to the effective date of termination; provided, however, that the CITY may condition payment of such compensation upon CONSULTANT' Sdelivery to the CITY of any or all documents, photographs, computer software, video and audio tapes, and other materials provided to CONSULTANT or prepared by or for CONSULTANT or the CITY in connection with this Agreement.
14) Funding.

CONSULTANT agrees and understands that renewal of this agreement in subsequent years is contingent upon action by the City Council consistent with the appropriations limits of Article XIII ( B) of the California Constitution and that the Council may determine not to fund this agreement in subsequent years. 15) Notices.

All contracts, 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.

Personal service shall include, without limitation, service by delivery and service by facsimile transmission.

330
DocuSign Envelope ID: 53915F3E- A72D- 4CA7- B120- 1CC959B888F3 CITY OF LATHROP — MCC CONTROLS LLC DBA PRIMEX

TO PROVIDE THE REPLACEMENT OF THE PLC AND OIT AT J STREET STORM

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To City:

Copy to:

City of Lathrop
City Clerk
390 Towne Centre Drive
Lathrop, CA 95330
City of Lathrop
Information Systems Department
390 Towne Centre Drive
Lathrop, CA 95330
Phone: (209) 941- 7430
FAX: (209) 941- 7449
To Consultant: MCC Controls LLC dba Primex
859 Cotting Ct. Ste. G
Vacaville, CA 95688
16) Miscellaneous.
a) Consent. Whenever in this Agreement 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.
b) Controlling Law. The parties agree that this Agreement shall be governed and construed by and in accordance with the Laws of the State of California.
c) Definitions. The definitions and terms are as defined in these specifications.
d) Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Agreement, which directly results from an Act of God or an act of a superior governmental authority.
f) Headings. The paragraph headings are not a part of this Agreement and shall have no effect upon the construction or interpretation of any part of this Agreement.

331
DocuSign Envelope ID: 53915F3E- A72D- 4CA7- 8120- 1CC959B888F3 CITY OF LATHROP — MCC CONTROLS LLC DBA PRIMEX

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g)
g)
Incorporation of Documents. All documents constituting the Agreement documents described in Section 1 and Section 2 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 the Agreement and shall be deemed to be part of this Agreement.

Integration. This Agreement and any amendments hereto between the parties constitute the entire Agreement between the parties concerning the Project and Work; there are no other prior oral or written agreements between the parties that are not incorporated in this Agreement.
h) Modification of Agreement. This Agreement shall not be modified or be binding upon the parties unless such modification is agreed to in writing and signed by the parties.
i) Provision. Any agreement, covenant, condition, clause, qualification, restriction, reservation, term or other stipulation in the Agreement 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.
j) Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the provisions of this Agreement not so affected shall remain in full force and effect.
k) Status of CONSULTANT. In the exercise of rights and obligations under this Agreement, CONSULTANT acts as an independent contractor and not as an agent or employee of CITY. CONSULTANT shall not be entitled to any rights and benefits accorded or accruing to the City Council members, officers or employees of CITY, and CONSULTANT expressly waives any and all claims to such right and benefits.

I) Successors and Assigns. The provisions of this Agreement shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties.
m) Time of the Essence. Time is of the essence of this Agreement 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

332
DocuSign Envelope ID: 53915F3E- A72D- 4CA7- 8120- 1CC959B888F3 CITY OF LATHROP — MCC CONTROLS LLC DBA PRIMEX

TO PROVIDE THE REPLACEMENT OF THE PLC AND OIT AT J STREET STORM

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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.
n) 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. o) Recovery of Costs. The prevailing party in any action brought to enforce the terms of this Agreement or arising out of this Agreement may
fees,
recover
incurred
its
or
reasonable
expended in
costs,
connection
including
with
reasonable
such action
attorney' s
against
the non -prevailing party.
17) General Contractor Responsibilities.

Neither the professional activities of CONSULTANT, nor the presence of CONSULTANT or CONSULTANT' Ssub -consultants shall relieve the Consultant of its obligations, duties and responsibilities.

CITY agrees that the CITY, CONSULTANT and its sub -consultants shall be indemnified by the General Contractor and shall be made additional insured under the General Contractor' general liability insurance policy and that a Waiver of Subrogation in favor of CONSULTANT will be provided under the General Contractor' sWorkers Compensation policy. CITY will require General Contractor to provide evidence of such insurance to CITY and CONSULTANT prior to General Contractor beginning work on the project.
18) Notice to Proceed.

Prior to commencing work under this agreement, CONSULTANT 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 CONSULTANT for any services prior to issuance of the Notice to Proceed.
19) Signatures.

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

333
DocuSign Envelope ID: 53915F3E- A72D- 4CA7- B120- 1CC959B888F3 CITY OF LATHROP — MCC CONTROLS LLC DBA PRIMEX

TO PROVIDE THE REPLACEMENT OF THE PLC AND OIT AT J STREET STORM

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Approved as to Form: City of Lathrop
City Attorney
Salvador Navarrete
Recommended for Approval: City of Lathrop
Approved by:

CONSULTANT:

DocuSigned by:

FL4' & oua dt,S
ic2oDrJJ1D1r47o...

Tony Fernandes
Information Systems Director
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Steph . Salvatore
City Manager
Z- Z..- to
Date
MCC Controls LLC dba Primex
859 Cotting Ct. Ste. G
Vacaville, CA 95688
Fed ID #: 81- 1611115
Business License #: 40633
DocuSigned by:

ODAea7DC., norwa, e...

Signature
Michael Anderson
2/2/024
Date
Zg •
Date
2/2/024
Date
Software Eng
Name Title

334
hilL PRIMEX.

MCC Controls LLC DBA PRIMEX
859 Cotting Ct. Ste G
Vacaville, CA 95688
Contractor' sLicense: 1016640
DIR Registration No.: 1000043535
Date: 2/ 1/024
To: City of Lathrop
Attention: Tony Fernandes
From: Michael Anderson
PRIMEX Quote # 240201MA01
Project: J Street SDLS Controls
Task: J Street SDLS PLC and OIT Replacement
Terms: LUMP SUM
This proposal details all materials and services we intend to provide for the above referenced project.

Be sure to reference General Notes following the scope listing.

This proposal expires 45 days after the date noted above.

Phone 707. 449. 0341
Scope of Work
Item # Qty. Description Line Item Price
1 Lot PLC Hardware $ 6, 728. 2
PLC Processor
Rack
32 Pt DI/O Card
Power Supply
8 Ch Analog Input Card
8 Ch Analog Output Card
Wiring harnesses
Misc. Wires, TB, labels, etc.
2 Lot OIT Hardware/ Software $ 12, 355. 52
Program new City standard OIT for site
Remove existing display and install new
Field test new display for operation
3 Lot Engineering Services $ 32, 231. 50
Updated PLC drawings
Update original project drawings
Delivered to City in PDF
Rewrite existing program for M340 platform
Update PLC, OIT, & SCADA programming to current Lathrop standards:

Configure for Direct Comms
Alarm setpoints, enable/ disable, and delays available through SCADA Updates to SCADA as required to be consistent with City standards On -site testing & commissioning
The total price for the scope of work above is:

Subtotal $ 51, 315.0
Tax $ 946.5
52, 262.5
General Notes:

1. Prices quoted above include sales tax and travel to the jobsite.

2. Terms and Conditions of sale: Upon PRIMEX approval of customer credit, PRIMEX will extend 30 -day payment terms on invoices for deliverables provided per this scope of work. Deliverables are FOB — PRIMEX Vacaville, CA, with freight allowed ( unless specifically noted otherwise in this proposal). Customer may accept this proposal by signature here -on, or by separate purchase order made out to MCC Controls LLC DBA PRIMEX.

Please call or email with any questions.

Sincerely,
Michael Anderson
www. primexcontrols. com 1 of 1
335

PAGE LEFT

INTENTIONALLY
BLANK
336
ITEM 5. 1

CITY MANAGER' S REPORT
APRIL 8, 2024 CITY COUNCIL REGULAR MEETING
ITEM: PUBLIC HEARING ( PUBLISHED NOTICE) TO

CONSIDER ADOPTING THE LATHROP ACTIVE
TRANSPORTATION PLAN, CIP PS 22- 17
RECOMMENDATION: Council to Consider the Following:

CEQA STATUS:

1. Hold a Public Hearing; and

2. Adopt Resolution Certifying and Adopting
the Lathrop Active Transportation Plan, CIP
PS 22- 17
The Project is Exempt from further Environmental
Review Pursuant to Public Resources Code Section
21083. 3and California Environmental Quality Act
CEQA) Guidelines Section 15183
SUMMARY:

The Lathrop Active Transportation Plan ( ATP) Capital Improvement Project ( CIP) PS 22- 17 (Project) was created to identify a network of bicycle and pedestrian facilities that improve safety and mobility. The ATP provides a strategy to develop citywide connectivity through walking and biking between residential neighborhoods, schools, transit, and job centers.

On November 15, 2022, City Council approved a professional engineering consulting services with GHD, Inc. (GHD) to prepare the ATP. The planning process engaged the public in developing goals, policies, and programs to improve walking and biking conditions within the community. The plan evaluated all forms of non - vehicular transportation by reviewing the existing facilities, identifying deficiencies, developing and prioritizing potential projects, holding public meetings and receiving public comments.

On March 1SY, 2024, GHD and the City issued a Draft Lathrop Active Transportation Plan to review and provide comments for a 30 -day period. All comments received during the circulation period were reviewed & addressed and are included in the final Lathrop Active Transportation Plan ( Attachment B).

Staff is requesting that City Council hold a public hearing, consider all information and public testimony and, if determined to be appropriate, adopt a resolution approving and certifying the Lathrop Active Transportation Plan. 337
CITY MANAGER' S REPORT PAGE 2
APRIL 8, 2024 CITY COUNCIL REGULAR MEETING

PUBLIC HEARING ( PUBLISHED NOTICE) TO CONSIDER ADOPTING THE LATHROP ACTIVE TRANSPORTATION PLAN, CIP PS 22- 17
BACKGROUND:

On September 12, 2022, City Council created the Lathrop Active Transportation Plan, CIP PS 22- 17 to update the adopted 1995 Bicycle Master Plan and include all forms of non -vehicular transportation. The ATP can present a focused, achievable action plan for improvements to biking and walking facilities, and provide both short- tem priority projects and long- term improvements. On November 14, 2022, City Council awarded a professional services agreement to GHD for preparation of the ATP.

The Project initiated in January 2023 with collection and analysis of existing citywide multimodal transportation data. Through a community engagement plan, GHD detailed outreach steps, activities and efforts needed to provide project information to residents. The City and GHD held public workshops and pop- up events where the community had the opportunity to provide feedback to the pedestrian and bicycle network. A project website was generated and residents were able to view interactive maps and take surveys on bike and pedestrian enhancements.

With feedback and recommendations received, GHD drafted the ATP that was circulated for public review from March 1, 2024 to April 1, 2024. The draft ATP included maps, tables, graphics, and a project summary evaluating all forms of non - vehicular transportation. All comments received during the circulation period were reviewed and addressed by the City and incorporated within the Final ATP.

REASON FOR RECOMMENDATION:

Staff requests that City Council hold a public hearing, consider all information and public testimony and, if determined to be appropriate, adopt a resolution certifying and adopting the Final Lathrop Active Transportation Plan.

CEQA STATUS:

The City finds that the Project is exempt from further environmental review pursuant to Public Resources Code Section 21083. 3and California Environmental Quality Act CEQA) Guidelines Section 15183.

FISCAL IMPACT:

The City has been allocated funding by the Active Transportation Program through the San Joaquin Council of Governments ( SJCOG) to fund ( 90%) of the Professional Consulting Services Agreement with GHD. Sufficient funds ( 10%) have been included in the adopted fiscal year 2023-4 budget under CIP PS 22- 17 to complement the agreement with GHD and prepare the ATP. No fiscal impact is anticipated. 338
CITY MANAGER' SREPORT PAGE 3
APRIL 8, 2024 CITY COUNCIL REGULAR MEETING

PUBLIC HEARING ( PUBLISHED NOTICE) TO CONSIDER ADOPTING THE LATHROP ACTIVE TRANSPORTATION PLAN, CIP PS 22- 17
ATTACHMENTS:

A. Resolution Certifying and Adopting the Lathrop Active Transportation Plan, CIP PS 22- 17
B. Lathrop Active Transportation Plan, CIP PS 22- 17 (Dated, January 2024) 339
CITY MANAGER' S REPORT PAGE 4
APRIL 8, 2024 CITY COUNCIL REGULAR MEETING

PUBLIC HEARING ( PUBLISHED NOTICE) TO CONSIDER ADOPTING THE LATHROP ACTIVE TRANSPORTATION PLAN, CIP PS 22- 17
APPROVALS:
03 - 25""- O2Y
Angel Abarca Date
Assistant Engineer
Brad T' Ior
City Engineer
Cari James
Director of finance
Date
3/ 1z6-,4
31- 02d02az` 71
Date
3 • 71 ZOv. j
Michael King Date
Assistant City Manager
3-2 7 -%oLy
Salvador Navarrete Date
City Attorney
Stepp' Salvatore
City Manager
Date
340
RESOLUTION NO. 24-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP

CERTIFYING AND ADOPTING THE LATHROP ACTIVE TRANSPORTATION PLAN, CIP PS 22- 17
WHEREAS, the Lathrop Active Transportation Plan ( ATP) Capital Improvement Project ( CIP) PS 22- 17 (Project) was created to identify a network of bicycle and pedestrian facilities that improve safety and mobility; and WHEREAS, the ATP provides a strategy to develop citywide connectivity through walking and biking between residential neighborhoods, schools, transit, and job centers; and
WHEREAS, on November 15, 2022, City Council approved a professional engineering consulting services with GHD, Inc. (GHD) to prepare the ATP; and WHEREAS, the planning process engaged the public in developing goals, policies, and programs to improve walking and biking conditions within the community; and
WHEREAS, the plan evaluated all forms of non -vehicular transportation by reviewing the existing transportation infrastructure, identifying deficiencies, developing and prioritizing potential projects, holding public meetings and receiving overall comments; and
WHEREAS, on March 1st, 2024, GHD and the City issued a Draft Lathrop Active Transportation Plan to review and provide comments for a 30 -day period; and WHEREAS, all comments received during the circulation period were reviewed addressed by GHD and the City and are included in the final Lathrop Active Transportation Plan; and
WHEREAS, staff is requesting that City Council hold a public hearing, consider all information and public testimony and, if determined to be appropriate, adopt a resolution approving and certifying the Lathrop Active Transportation Plan.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby certifies and adopts the final Lathrop Active Transportation Plan, CIP PS 22- 17.
341
The foregoing resolution was passed and adopted this 8t" day of April 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 342
343
Prepared for the City of Lathrop by GHD Inc.
344

ACKNOWLEDGMENTS
City Council
Mayor Sonny Dhaliwal
Vice Mayor Paul Akinjo
Diane Lazard
Minnie Diallo
Jennifer Torres -O' Callaghan
Planning Commission
Gloryanna Rhodes
George Jackson
Tosh Ishihara
Ash Ralmilay
Paul Camarena
City Staff
Angel Abarca, Assistant Engineer
Brad Taylor, City Engineer
Consulting Team
GHD, INC.

Todd Tregenza
Summer Lopez
Patrick Lewis
Paige Peel
Holly Murphy
PAGE
ii
345

TABLE OF CONTENTS
Table of Figures iii
Table of Tables i
Introduction 1
Purpose of the Plan 3
Relationship to Other Documents 4
Organization of this Plan 29
Goals, Objectives, and Strategies 30
Existing Conditions 34
Local Context 34
Transportation Behavior 43
Transportation Network 43
Safety 53
Level of Traffic Stress 60
Programs 66
Stakeholder Engagement 67
Community Workshop 67
Website 73
Online Mapping Tool 73
Online Survey 74
Needs Assessment 76
Public Engagement Findings 76
Safety Analysis 76
Gaps, Barriers, and Level of Traffic Stress 79
Future Growth Assessment 85
Recommendations 87
Infrastructure Improvement Types 87
Amenities 94
Wayfinding 100
Infrastructure Recommendations 101
PAGE
iii
346
Project Priority Evaluation 110
Non -Infrastructure Recommendations 114
Implementation Plan 124
Financial Analysis 124
Implementation Strategy 126
Funding 130
PAGE
iv
347

TABLE OF FIGURES
Figure 1: Bicycle Transportation Plan — Bicycle Circulation Diagram 7 Figure 2: General Plan — Circulation Diagram 9
Figure 3: West Lathrop Specific Plan — Vicinity Map 12
Figure 4: Central Lathrop Specific Plan — Pedestrian and Bicycle Circulation Plan Map 14 Figure 5: Lathrop Gateway Business Park Specific Plan - Circulation — Bicycle & Pedestrian Map 16 Figure 6: Lathrop Gateway Business Park Specific Plan — 6 -Lane & 5 -Lane Arterial Sections 17 Figure 7: South Lathrop Specific Plan — Pedestrian and Bicycle Circulation Map 19 Figure 8: River Islands West Village NDP — Circulation Bike and Pedestrian Concept Map 22 Figure 9: SJCOG Regional BP- SRTS — Lathrop Proposed Bikeways 25 Figure 10: City Overview & Regional Vicinity Map 36
Figure 11: Existing Land Use/ Zoning Map 37
Figure 12: Specific Area Boundaries 38
Figure 13: Disadvantaged Communities - CalEnviroScreen 4. 0 Percentile 41 Figure 14: Median Household Income ( MHI) 42
Figure 15: Lathrop Service Area Map 44
Figure 16: RTD Route 150 Map 44
Figure 17: ACE Route Map and Connections 45
Figure 18: Major Destinations & Transit Map 46
Figure 19: Existing Bike Facilities 50
Figure 20: Bicycle Collisions by Severity 55
Figure 21: Density of Bicycle Collisions 56
Figure 22: Pedestrian Collisions by Severity 58
Figure 23: Density of Pedestrian Collisions 59
Figure 24: Types of Bicyclists 61
Figure 25: Bicycle Level of Traffic Stress — Segments 63 Figure 26: Bicycle Level of Traffic Stress — Crossings 64 Figure 27: Bicycle Level of Traffic Stress — Overall 65 Figure 28: Distribution of Map Comments Received 75
Figure 29: Key Gaps and Barriers 86
Figure 30: Bikeway Network Infrastructure Projects 108
Figure 31: Pedestrian Network Projects 109
PAGE
v
348

TABLE OF TABLES
Table 1: Bicycle Transportation Plan — Category 1 Bikeway Projects 5 Table 2: Bicycle Transportation Plan — Category 2 Bikeway Projects ( within unincorporated General Plan Sphere) 6
Table 3: Bicycle Transportation Plan — Category 3: Administrative Programs and Procedures 6 Table 4: SJCOG Regional BP- SRTS — Lathrop Priority Bikeway Projects 23 Table 5: SJCOG Regional BP- SRTS — Lathrop Vision Bikeway Projects 24 Table 6: Caltrans District 10 Active Transportation Plan — Location - Based Needs 28 Table 7: Caltrans District 10 Active Transportation Plan — Needs Prioritization 28 Table 8: Age of Lathrop Residents 39
Table 9: Mode of Transportation to Work 43
Table 10: Existing Bikeway Miles 47
Table 11: Bicycle Collision Hotspots 77
Table 12: Pedestrian Collision Hotspots 77
Table 13: Proposed Bikeway Miles 107
Table 14: Project Priority Evaluation Criteria 110
Table 15: Priority Recommendations - All Projects 112
Table 16: Priority Recommendations - High Complexity 112 Table 17: Priority Recommendations - Low Complexity 113 Table 18: Unit Cost Assumptions 125
PAGE
vi
349

INTRODUCTION
The City of Lathrop ( City) is ready to move into
the next stage of its commitment to supporting
active transportation modes with the
development of this Active Transportation Plan
ATP). While historical development patterns did
not always provide dedicated facilities for
bicycling and walking, the City seeks to cater to
the diverse transportation needs of its residents,
workers, visitors, and stakeholders. Further, the
City imagines a future where its mobility network
allows people of all ages and abilities to get to
and from their destinations safely, efficiently,
and, as often as possible, without the use of
single occupancy vehicles.

As a community with fresh ideas on expanding
the local bicycle and pedestrian network, Lathrop
has a built environment that offers untapped
potential to shift commuting patterns to active
modes such as walking, bicycling, and rolling,
reducing congestion, and promoting healthy
lifestyles. Recent development of residential
communities has included enhanced pedestrian
and bicycle facilities, from multi -use trails to
accessible sidewalks. These facilities help to
encourage more residents and visitors to try
active alternatives to driving when traveling to
their destinations while also beginning to
illustrate the vibrant, multimodal future that is
possible in Lathrop. By building upon the City' s
vision for community bikeways and pedestrian
facilities outlined in the General Plan and
specific plans, targeted investments in upgraded
pedestrian and bicycle infrastructure will result in
a safer, more connected network for users of all
ages and abilities.

This ATP is a critical tool for the City and the
broader Lathrop community as they shape a
balanced transportation system for Lathrop. It
provides a baseline understanding of the current
status and long- term vision for the active
PAGE
1 350
The primary objectives of the Lathrop ATP
include:
www. pedbikeimages. or / Dan Burden
transportation network, as well as supportive
policies and programs which can be
implemented in Lathrop. It also provides the
necessary information for the City to seek grant
funding support to build the projects that will
effectively complete this vision. This ATP
presents a focused, achievable action plan for
improvements to bicycling and walking facilities,
providing both short- tem priority projects and
longer -term improvements.

Improving resident quality of life
Providing a safe and connected
pedestrian and bicycle network
Enhancing access to area amenities
and destinations
Reducing greenhouse gas (GHG)
emissions
Promoting healthy lifestyles
PAGE
2 351
A view of several bridges crossing the San Joaquin River in Lathrop Purpose of the Plan
This Active Transportation Plan will establish a
long- term vision for improving walking and
bicycling within Lathrop and identify a short- tem
action plan of implementable projects, programs,
and policies.

The ATP provides a strategy to develop
connected citywide walking and bicycling
facilities that provide access between residential
neighborhoods, schools, transit, and jobs. These
network improvements are combined with
options for recommended education,
encouragement, and evaluation programs to
provide a comprehensive approach to improving
active transportation in Lathrop. The ATP also
identifies a plan to implement these projects and
programs through prioritization and phasing to
ensure implementation is manageable and
achievable.

This Plan represents an aspirational vision for
walking and bicycling in Lathrop, recognizing
that limited funding and resources may require
strategic phases of implementation over many
years.

The City has established four goals for this ATP:

1. Enhance mobility by providing a
comfortable, connected network of facilities
for people to walk, bike, and roll

2. Encourage active transportation within
Lathrop

3. Foster a safe ped/ bike environment

4. Prioritize implementing active transportation
infrastructure projects that meet the needs
of Lathrop' s growing population and reduce
Vehicle Miles Travelled ( VMT) and GHG
emissions
PAGE
3 352
Relationship to Other
Documents
A variety of local, regional, and state documents
relevant to the development and implementation
of the Active Transportation Plan were reviewed.

These documents set an overall trajectory for the
City and include policies and strategies the ATP
must be consistent with, while others provide a
foundation for the ATP and will effectively be
incorporated into the ATP. Documents reviewed,
and the guidance relevant to the ATP, are
discussed briefly below; the Planning and Policy
Context Chapter will include additional detail on
consistency and recommended updates to
relevant documents.

Lathrop
City of Lathrop
Bicycle Transportation Plan
Final Plan
BICYCLE TRANSPORTATION PLAN ( 2004)
The City of Lathrop' sBicycle Transportation
Plan, initially adopted in 1995 and updated in
2003 and 2004, guides the development of the
City' s bikeway network in coordination with
regional plans and state law. The purpose of the
plan is to improve and expand bicycling
opportunities in Lathrop, providing direction for
the development of new bikeways alongside
future city growth and outlining a long- term goal
of a comprehensive system of bikeways that
provide safe and convenient bicycle travel
throughout the community. Policy priorities
include:

The bikeway system shall consist of Class 1
and Class 11 bikeway facilities. Use Class 111
bike routes only to provide route
connections where constraints make other
bikeways infeasiblei.

Provide bikeway access to all key
destinations; all neighborhoods should be
within % mile of a Class 11 bicycle lane, at
minimum.

Bikeway facilities shall be installed on new
streets at the time of improvement.

Develop a perimeter bikeway loop around
the City and a recreational bike path system
along the San Joaquin River corridor.

Provide class 11 bicycle lanes along all
existing major arterial streets; consider class
1 bicycle paths for all linear parks, green
belts, and parkways.

Bicycle facility implementation can be
flexible and use alternative locations if
consistent with General Plan and relevant
Specific Plan( s).

Specific Plans and development plans for
future annexations must each include a
Bicycle Circulation Plan ( BCP)" consistent
with the City of Lathrop Bicycle
Transportation Plan.

New development must provide bikeway
connections to the existing City core,
including across/ under 1-5.

Provide class 11 bicycle lanes on all future
arterials, boulevards, and parkways.

Provide bicycle connections to the City of
Manteca' sbicycle network, regional
1 See the Bicycle Facilities section of the Existing Conditions chapter for definitions ofbikeway facilities PAGE
4 353
bikeways in the San Joaquin County Bicycle
Plan, and the 1- 205 Bikeway.

Bikeway improvements should be consistent
with Caltrans Highway Design Manual,
Chapter 1000 as well as typical sections
indicated in the City of Lathrop Bicycle
Transportation Plan.

Maximize safety for bicyclists at bikeway
crossings of all major streets and railroad
tracks.

Maintain bikeway pavement to provide a
smooth riding surface without potholes, inlet
grates, utility covers, road debris, or
obstructions.

Provide adequate lighting along bikeways.

Bikeway projects identified in the plan are divided into three categories, as depicted in the tables below.

Table 1 lists Category 1 bikeway projects or those within 1995 City limits:

Table 1: Bicycle Transportation Plan - Category 1 Bikeway Projects Street Segment
Harlan Road
Bikeway Class
Class II
Priority*
2 D' Arcy Parkway Class II 1
Tesla Way Class II 3
McKinley Avenue Class II 3
Louise Avenue Class II 1
5th Street Class II 1
Woodfield Drive — Jasper Street Class II 2
Thomsen Road2 Class II 1
Roth Road Class II 3
Priority 1: 1-5years, Priority 2: 5- 10 years, Priority 3: 10- 20years 2 Class II Bicycle Lanes have been installed on Thomsen Road.

PAGE
5 354
Table 2 lists Category 2 bikeway projects or those within the unincorporated General Plan sphere at the time of plan adoption.

Table 2: Bicycle Transportation Plan — Category 2 Bikeway Projects ( within unincorporated General Plan Sphere)
Street Segment
Manthey Road
Bikeway Class
Class II
Golden Valley Parkway Class II
River Islands Parkway Class II
Lathrop Road Class II
Connector Streets3 Class II
San Joaquin River Path Class I
Paradise Cut Pathway Class I
Old River Pathway Class I
Greenbelt Pathways Class I
Note: Projects have not been assigned priority because each will occur in conjunction with annexation and development within the sphere Table 3 shows Category 3 projects, which includes all administrative programs and procedures to be adopted by the City.

Table 3: Bicycle Transportation Plan — Category 3: Administrative Programs and Procedures A• ministr• tiv •r• •r. ms , n• •r• - •ures
Bicycle Parking and Storage Ordinance
Public Works Bikeway Standards
General Plan Amendment
Bicycle Circulation Plan Requirements
Uniform Bicycle Signage Program
3 Short street segments connecting longer bikeways.

PAGE
6 355
Figure 1: Bicycle Transportation Plan - Bicycle Circulation Diagram To Stockton
Glass I Blkt PaC' i IC tslar q • er•* r
al, C* Fnems ouflnec \-
MA WPM
11 011
40 1
10 ,+
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Source: Lathrop Bicycle Plan
a A IN
1 PAGE
7 356
Support regional VMT reduction via land
use and site design decisions that promote
active transportation and public transit.

GENERAL PLAN

CITY OF LATIIROP
GENERAL PLAN ( 2022)
Lathrop' s
General Plan identifies the
community' svision for the future and provides a
framework to guide decisions on growth,
development, and conservation of open space
and resources in Lathrop. The General Plan is
intended for use by City decision -makers and
staff as well as developers, and community
members to identify goals and policies that
articulate and facilitate a coherent and
progressive vision and strategy for the future of
the City and its residents. Relevant Elements of
the General Plan are discussed in the following
sections.

LAND USE ELEMENT
The Land Use Element provides goals and
policies to support local job growth and
economic development opportunities, a range of
housing types, and community services that are
accessible to all residents through its vision for
open space, commercial, industrial, residential,
and other land uses in the City. Policy priorities
include:

Ensure all residents have access to
community amenities, transportation
choices, and safe places to walk and bike.

CIRCULATION ELEMENT
The Circulation Element provides the framework
for the development and improvement of the
City' s multi -modal transportation system,
including driving, walking, bicycling, transit, and
freight. It notes that improving the City' s walking
and bicycling networks, and improving
connections to transit, will help more Lathrop
residents use these modes, improving health,
recreational opportunities, and quality of life for
residents as well as help the City meet statewide
goals for the environment. Policy priorities
include:

Provide a roadway network that is
consistent with the Circulation Element Map.

Create infrastructure that supports all
transportation modes.

Try to achieve intersection Level of Service
LOS) D or better, except where this
disincentivizes walking, bicycling or transit;
is incompatible with adjacent land uses;
prevents the City from achieving Vehicle
Miles Traveled reduction goals; or is too
expensive.

Fully fund new roadway construction via the
Capital Facilities Fee ( CFF) program or with
new development and ongoing roadway
maintenance via Community Facilities
Districts ( CFDs).

Establish a network of active transportation
routes connecting residential areas with key
destinations and employers.

Improve safety, efficiency, and comfort for
bicyclists and pedestrians with shade trees,
lane narrowing, and other traffic calming.

Prioritize walking and bicycling to school
over vehicular travel.

Provide safer, more convenient access to
transit service.

PAGE
8 357
Provide amenities like pedestrian - scale
lighting, bicycle parking, shade trees,
landscaping, and bus shelters and benches
to support active transportation.

Support land use with increased densities
and mixed uses, to reduce vehicle miles
Figure 2 shows the City' scirculation network by
traveled and promote walking, biking, and
transit.

Encourage employers to provide programs
and support for alternative commutes and
work schedules to reduce driving.
road classification and number of lanes.

Figure 2: General Plan — Circulation Diagram

CITY OF LATHROP GENERAL PLAN
Figure CIR- 1 Circulation Diagram
Number of Lanes
2 Lanes
3 Lanes
4 Lanes
6 Lanes
Arterial
Collector
Local
r-4 Existing Grade x x x Removed Road
Separation New Road
Lathrop City
Boundary
ci Lathrop Sphea
of IMluence
Source: General Plan - City of Lathrop
Ofher C ty
Boundary
San Joaquin
County

RECREATION AND RESOURCES ELEMENT
The Recreation and Resources Element
provides goals and policies related to parks and
recreation, regional and local open space,
cultural resources, biological resources and
habitat, mineral resources, air quality and
greenhouse gas emissions, the Bay Delta, and
water conservation. Relevant policy priorities
include:
rrirr. e / SO
Provide a wide variety of parks, recreational
facilities, open space, and trails within a
comprehensive system.

Maintain a public park, open space, and trail
system that is accessible to all parts of the
city.

Maintain and update facility design
standards based on proven best practices to
support active transportation and recreation.

Work with school districts to provide open
space on school sites, collaborating to
provide additional public park space at
public schools.

PAGE
9 358
359
360
361
362
363
364
365
366
367
368
369
370
371
372
373
374
375
376
377
378
379
380
381
382
383
384

SANJOAQ
COUN
Legend
Sphere of Influence
S01) Boundary
Lathrop City Limits
K- 12 Schools
Parks
Open Space
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Roads
Highways
Rail
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CITY OF LATHROP
ACTIVE

TRANSPORTATION
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CITY OVERVIEW &

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385
Legend
Existing Land Use/
Zoning
Commercial
MINI Office
NEI Mixed Use
Residential
Transit - Oriented
Development
f--- 1 Industrial
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Lathrop City Limits
Sphere of Influence
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Rail
The land use/ zoning categories shown have been grouped horn the cilys comprehensive 1st of designations to a smaller number of categories for ease of display purposes.

1. I
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CITY OF LATHROP

ACTIVE TRANSPORTATION PLAN
Project No. 12594140
Revision No. A
Date Jun 2023
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Legend
Districts
Central Lathrop
Crossroads
Business Park
East Lathrop
Lathrop Gateway
Business Park
Mossdale Landing
Mossdale Village
North Harlan
South Lathrop -
Non SLCC
South Lathrop -
SLCC
Stewart Tract
Sphere of Influence
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Rail
Roads
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South I5athrop
Lathrop • • Non SL- @
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CITY OF LATHROP

ACTIVE TRANSPORTATION PLAN
Project No. 12594140
Revision No. A
Date Jun 2023

SPECIFIC
AREA
BOUNDARIES FIGURE 12
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SAN JOAQ UI N COUNTY
City of
Lathrop

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CITY OF LATHROP

ACTIVE TRANSPORTATION PLAN
Project No. 12594140
Revision No. A
Date Jun 2023

CALENVIROSCREEN (CES)

4. 0 RESULTS FIGURE 13
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CITY OF LATHROP

ACTIVE TRANSPORTATION PLAN
Project No. 12594140
Revision No. A
Date Jun 2023
MEDIAN

HOUSEHOLD
INCOME ( MHI) FIGURE 14
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Transit Routes
Route 150
Route 90
Route 97
Transit Stops
ACE Station
Points of Interest
Commercial and
Retail
Public Attractions
and Landmark
Buildings
Education
4 Civic Facilites
Post Office
Health and Medical
o Police Station
A Fire Station
A Civic Facilities
K- 12 Schools
Parks
Open Space
Lakes & Streams
Roads
Highways
I- Rail
Sphere of Influence
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CITY OF LATHROP

ACTIVE TRANSPORTATION PLAN
Project No. 12594140
Revision No. A
Date Jun 2021

MAJOR DESTINATIONS
TRANSIT FIGURE 18
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Existing Bike Facilities
ClaVlaarectse Path
ss II Bike Lane
Class II Buffered Bike
Lane
Highways
Roads
4- Rail
Points of Interest
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Public Attractions and
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Post Office
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Fire Station
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5 CITY OF LATHROP

ACTIVE TRANSPORTATION PLAN
Project No. 12594140
Revision No. A
Date Jan 2024

EXISTING
BIKE FACILITIES FIGURE 19
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400
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Legend
Bicycle Collisions by
Severity
Severe Injury
Collision
ow
Visible Injury
Collision
Complain of Pain
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Property Damage
Only Collision
Lathrop City Limits
r
s Sphere of Influence
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K- 12 Schools
Parks
Open Space
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Highways
Roads
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CITY OF LATHROP

ACTIVE TRANSPORTATION PLAN
Project No. 12594140
Revision No. A
Date Jun 2023

BICYCLE COLLISIONS

BY SEVERITY
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Legend
Collision Density
Sparse
Dense
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CITY OF LATHROP

ACTIVE TRANSPORTATION PLAN
Project No. 12594140
Revision No. A
Date Jun 2023
Papa Sue ANSI A
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Map Projection Lambert Conformal Conic
Horizontal Datum North American 1983
Grid NAD 1983 StatePlane California 111 FIPS 0403 Feet
1wM, AM8USWveisolo. IIW 21,& 8. 009112125141a015wYADOve 0 001 Exnfn9L0ndtnn001 EnelegLodlmeey.-

12. 9e1e0_ 001 A9 , 20 Me CJi00n- NEAR
Pnnl date 23 Jun 2023.1 06

DENSITY OF

BICYCLE COLLISIONS
2012. 2021) FIGURE 21
Dela e von Dale 211. 13 ASWOTRS 2012. 2031 214004 Pens Douai. Rack L. t.2& Srea ms San Joaquin Coun02022 Or Spate 01021 LAP, Land . U algrneye TIGER, 2021 010 ROM. 0h of le_ op 2023 SD Bond, 09 Lima 010 of lefty 2043 Er_ GON2Mal. 2020 ON of Lefr,.

G. leooM1 T4Ardopwa 3mn.

CrtebOq ppe0
405
406
Legend
Pedestrian Collisions by
Severity
fe Fatal Collision
Severe Injury
Collision
Visible Injury
Collision
Complaint of Pain
Injury Collision
Property Damage
Only Colision
Sphere of Influence
S01) Boundary
Lathrop City Limits
K- 12 Schools
Parks
Open Space
Lakes & Streams
Highways
Roads
IL Rail
Whte coeslon data was reviewed for accuracy data is subject to reporting - lava) error. 2021 rdllalons are provisional and srbiect to change through Year 2023 Collision points may be overlapping.

J." r •
14 o
D = I
i5
P
f
HiVER F0. 01,
4i"' ozrEel
Q
A INA DR` A
iw ADEMB or
Paper See ANSI A
0 3, 000 0,00

CITY OF LATHROP

ACTIVE TRANSPORTATION PLAN
Project No. 12594140
Revision No. A
Date Jun 2023
US Feet
Map Prolatlon Lambert Conformal Conic
Horizontal Datum North American 1983
Grid NAD 1983 SlalePene California III FIPS 0403 Feet
11gnoaagn0U515eaemento- 220021anAr. A. airt] Sa11M. GIsoep0nweoMWt Eneingconatoaaior EnstnAConaeaarerool_ Epve2lPeacalaon- Ssrcny Pont dale 21 Jun GM., 21 oa

PEDESTRIAN COLLISIONS

BY SEVERITY
2012 - 2021) FIGURE 22
Dale swore Cason Dale fru58 SAGAS. 202. 2021. SSMas. Pates Cony Rah, LMtt 8 Stream San Joapnn Counts 2020. 00. 151... B d legasp Lard Use. Hae. ys TIGER. 2021. ON Roads oy of Lahrop, 2023 501 Boundary . Pry Lrels Pry or 1anrty. 2021 Ever armanes_ 2020 GM of Leta.

Geogropor maennuoyes Group
Read; by pp.
407
Legend
Collision Density
InSparse Dense
Sphere of Influence
S01) Boundary
Lathrop City Limits
K- 12 Schools
Parks
Open Space
Lakes & Streams
Highways
Roads
Rail
r
J '
e^," roz
j ` RJ
p} lL P
a MaRN, DRe O - ACADEMY DR
e
A
liftti,
Whlk collision data was reviewed for accuracy, data Is subject to reporting - keel error. 2021 collisions are provisional and subject to change through Year 2023. CWADDon points maybe overlapping.

SL
Paper Sore ANSI A
0 3, 000 6, 000
US Feet
Map Projection Lambed Conformal Conic
Horuontal Datum North Amencan 1983
Grid NAD 1983 StatePkne Cal/ tome Ill FIPS 0403 Feet
jlpnaoeonsU315enemmlo. YAa] r6010, 0, 561ir25991401GISus91os rsa. so0t_ EseingCr4rgry Or EmrMCarAnons. 5rrPnnlaN ro] unNurex2] 22PCAioon- Denary

CITY OF LATHROP

ACTIVE TRANSPORTATION PLAN
Project No. 12594140
Revision No. A
Date Jun 2023

DENSITY OF

PEDESTRIAN COLLISIONS
2012- 2021) FIGURE 23
DeD source Cnivon DN. ltuS s SentRh x12. 2021 Sao. Pans. Gant, Roark, Lakes s Steens Sen begin Cann, 2023. open Spare Oly of 1aeeW Lend Use Ngnrays TIGER, 2021 OIy Roam Oh of Lee, lox. no Malay DO Omits CIO of Ls. nop 2023 En. Cosis, n4, 2020 Oe o Loop, GeoorepOr iernMoyn Goo,
Repeat", Waal
408
409
410
411
Legend
Segment LTS Highways
LTS 1 Roads
LTS 2 Rail
LTS 3 K- 12 Schools
LTS 4 Parks
Bicycling Prohibited Open Space
Sphere of Influence Lakes & Streams
S01) Boundary
Lathrop City Limits
J.
a
r
Paper See ANSI A
0 3, 000 6, 000
US Feet
Map Projection: Lambed Conformal Conic
Homage! Datum: North American 1983
God NAD 1983 StatePlene California III FIPS 0403 Feet
a.

THOMSEN• RD
Fa.1I

CITY OF LATHROP

ACTIVE TRANSPORTATION PLAN

EXISTING

SEGMENT LTS
Project No. 12594140
Revision No. A
Date Sep 2023
FIGURE 25
096004edlJo& vumM• MOO x1e0Roant06111Yb1NACISW00or . 0 tl01 jantimpConninont1001 Enefl900s000 p0• 11584140_ 001f nu. 24 Segment US
wieb4e 07 WW2, 16: 20
Pala wane End 20Ne 1020 D0 of 1a6rop: Gonna. ixfidoper Owe. 4460,. TIGER 0001., Pete 302044$. San Joaquin Co" 3021. Roads 0y of Wnp, 0020, San Joaquin ow* 0020: Sa & fort foUAnn City of Leann 1011 Crean. by pawl
412
Legend
Crossing LTS
LTS 1
LTS 2
o LTS 3
LTS 4
Lakes & Streams
Sphere of Influence
I (
S01) Boundary
Lathrop City Limits
Paper Sore ANSI A
0 3, 000 6, 000
US Feet
Map Projection Lambert Conformal Conic
Horizontal Datum North American 1983
Grid NAD 1983 SlalePlane Caldorma III FIPS 0403 Feet

CITY OF LATHROP

ACTIVE TRANSPORTATION PLAN
Project No. 12594140
Revision No. A
Date Jun 2023

EXISTING
CROSSING LTS FIGURE 26
Ignanengnauooseaamento• 220001mhaecta1551t1259414010IS1Repl0Mwntl2iool Ettaln9Conanon41001 EaeingConaucncepe12594140_ 001j quo Owung Lis Pnnlaete 25 Jun 2029- 1434

0. 2 e0une EneUwt a_ 02090Lataep, oeooed. tleooeaoyan Group 442344. 1411GER. 2021., Pros. S U Joa y nCaety 8203, Real 012 a Lathrop. 2033, scot Joaquin County 2023 201 aay 803129 ee Oly of Wkop 2017.

CruM M wad
413
Legend
Overall LTS
LTS 1
LTS 2
LTS 3
LTS 4
Bicycling Prohibited
K- 12 Schools
Parks
Open Space
Lakes & Streams
Sphere of Influence
S01) Boundary
Lathrop City Limits
Highways
Rail
Roads
JI
Ns
1 Map Protection. Lambert Conformal Conic
Horizontal Datum: North American 1983
Grd NAD 1983 StatePlane California III FIPS 0403 Feet
Paper See ANSI A
0 3, 000 6, 000
US Feet

CITY OF LATHROP

ACTIVE TRANSPORTATION PLAN
Project No. 12594140
Revision No. A
Date Sep 2023
ROTH RD i

ATHROP RD
al LSE A// E
rr.

EXISTING
OVERALL LTS FIGURE 27
Iyntreeea seacrenento- 200321. lgeastem258meCSWnMAL. aetlaq l EnfMGon0mnbm rneen3Cadeonryn. 115anw 401 rgue 2s oM LTS
152 dale 01 Sep 2025 • 1654
Cab source E 42_ 2020 Pry of Lathrop Geopmtlr Tann2opee Gray Highways TIGER, 2021., PeeFn. 532342 5en Jmqun County 2023.. 3. 05 Orly letRop 20233.2 3.3s, County 2023 .. 5014 an PounGne: OR 1. 3203 2033 Premed M ppea
414
415
416
417
418
419
420
421
422
423
Figure 28: Distribution of Map Comments Received
Category Totals
Recreation Comment: 31
Traffic Safety Comment: 6
Work/ Cmmute Comment: 2
Kids/ School Comment: 7
Walking/ Pedestrian Comment
Kids/ School Comment
Traffic Safety Comment
Source: Social Pinpoint
Walking/ Pedestrian Comment: 40
Bicycling Comment: 23
Bicycling Comment
Work/ Commute Comment
Recreation Comment
PAGE
75 424
425
426
427
428
429
430
431
432
433
434
Lag• nd
Bicycle LTS
Segments
LTS 1
LTS 2
LTS 3
LTS 4
Bicycling Prohibited
Crossings
LTS1
LTS 1
LTS 3
e LTS4
K- 12 Schools
Parks
Open Space
Lakes & Streams
Sphere of Influence
SOI) Boundary
Lathrop City Lmus
Highways
Roads
I- Rail
Existng Class 1 Path terminates in s
dirt area with no bicycle of
borateswhich creates a
pedeatd. n
gap in the
active transportation network. Lack of
crossing treatments across Manthey
Roads Moasdale Croeung Regionalmud. in ai9h' sbaas baffler for both Navels. and ped.. blan..

HISNAI
rti tr.*. r.ww x.emwA sdw

LATHROP RD
Arlen. roadways
throughout the City Hoe
as high stress barners to
bicycling conned.. . both
along segments and et
crossing locations.

I-5 Isoducas highanese borer for
both bicyclists and pedestrians duo.
few crossing oPportuniti Crossings
that do exist ILethrop Rde Louise Ave
Roth Roadi ere high stress
eespecially for pedestriansdue to
traffic volumes and speed.

Ste OF LATHROP

ACTIVE TRANSPORTATION PLAN

KEY GAPS

AND BARRIERS
Prged No 12594140
Revrs on No •
Dale 1. 2024
FIGURE 29
435
436
437
438
439
440
441
442
443
444
445
446
447
448
449
450
451
452
453
454
455
456
457
458
459
460
461
462
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465
466
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479
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481
482
483
484
ITEM 5. 2

CITY MANAGER' S REPORT
APRIL 8, 2024 REGULAR CITY COUNCIL MEETING
ITEM: PUBLIC HEARING ( PUBLISHED NOTICE) TO
FORM COMMUNITY FACILITIES DISTRICT NO.
2024- 1 (EAGLES LANDING SERVICES)
RECOMMENDATION: Council to Consider the Following:

1. Hold a Public Hearing; and

2. Adopt a Resolution of Formation of
the Community Facilities District
2024- 1 (Eagles Landing Services);
and

3. Adopt a Resolution Calling Special
Election for the Community Facilities
District No. 2024- 1 (Eagles Landing
Services); and

4. Adopt a Resolution Declaring Results
of Special Election and Direct
Recording of Notice of Special Tax
Lien for the Community Facilities
District No. 2024- 1 (Eagles Landing
Services); and

5. Introduce Ordinance Levying Special
Taxes Within Community Facilities
District No. 2024- 1 (Eagles Landing
Services).

SUMMARY:

As part of their conditions of approval, master developers are required to submit to the City a fiscal impact analysis. The purpose of a fiscal impact analysis is to estimate the overall financial impacts a development will have on the City. This analysis enables the City to estimate the difference between the costs of providing services to a new development and the revenue the new development will generate.

The City and DR Horton ( Developer) have recently completed a fiscal impact analysis for the Eagles Landing project. The fiscal impact analysis projected that the development would produce a shortfall to the City' s
General Fund. In order for the
City to ensure that development continues to pay its own way, Community Facilities 485
CITY MANAGER' S REPORT PAGE 2
APRIL 8, 2024 REGULAR CITY COUNCIL MEETING
COMMUNITY FACILITIES DISTRICT NO. 2024- 1 FORMATION
District No. 2024- 1 (Eagles Landing Services) ( CFD) needs to be formed to cover the shortfalls.

Staff recommends Council approve the attached three Resolutions and Ordinance to complete the CFD formation process and to legally authorize the future levy of a special tax to finance the costs of certain services of benefit to the properties within the CFD.

BACKGROUND:

City staff, the Financing Team and the Developer have had several discussions to help formulate the proposed CFD and the special tax to be levied, which has been approved by the Developer and will be calculated and levied as set forth in the Rate and Method of Apportionment of Special Tax ( Exhibit B of Attachment A).

The CFD will include 95 parcels and will have a single tax rate formula, for the levy of the " Special Tax", for the purpose of funding City services.

The description of the services authorized to be paid for by the special tax, are detailed the " Description of Services" (Exhibit A of Attachment A). The services shall include:

Services
Police protection services
Maintenance of open space; including irrigation and vegetation control Maintenance of roads and roadways; including street sweeping, street repair, street striping and repair and repainting of sound walls Storm protection; including operation and maintenance of storm drainage system
Landscaping of public areas; including irrigation, tree trimming and vegetation maintenance and control
The City Council has four documents for consideration:

1. The Resolution of Formation ( Attachment A) - This officially forms the CFD, authorizes the special tax to be collected and establishes an appropriations limit for the CFD ( under Article XIIIB of the Constitution).

The exhibits to this resolution show the Services to be financed and the formula by which the special tax will be levied in the CFD. This includes the List of Services and Facilities ( Exhibit A of Attachment A) listing the services and projects that are authorized to be funded from special tax revenues generated within the CFD and the Rate & Method of the Special Tax ( Exhibit B of Attachment A) providing for the security for the funding of the CFD and showing how the revenues from the CFD are to be collected and also sets forth the purpose and level of the taxes from the various different types of properties.
486

CITY MANAGER' SREPORT
APRIL 8, 2024 REGULAR CITY COUNCIL MEETING
COMMUNITY FACILITIES DISTRICT NO. 2024- 1 FORMATION
PAGE 3

2. The Resolution Calling Special Landowner Election ( Attachment B) This sets the election for the same Council meeting and provides the form of the special ballot to be used by the landowner -voter. The election may be held at the same meeting because the property owner -voters have all requested it. Ballots have been previously mailed and are to be returned directly to the City Clerk by the meeting time.

3. The Resolution Declaring Results of Special Landowner Election Attachment C) - This is for adoption by the Council after the vote is announced by the City Clerk. It confirms the outcome of the property owner election for the CFD. Attached to it is a copy of the official Canvass and Statement of Result of Election to be completed by the City Clerk after the vote is announced. This resolution also directs the filing of the Notice of Special Tax Lien against the lands in the CFD to allow collection of the special tax on each property.

4. Ordinance Levying Special Taxes ( Attachment D) - Under the law, the Council must levy the special taxes by an ordinance. Under this ordinance, the levy is made once by the introduction and adoption of this ordinance, and, in each year hereafter, the process of determining the special taxes and processing the collection is done by the City' s financial official ( or a consultant) and no further Council action is needed.

Once the above actions are completed, the City is authorized to record with the County Recorder a Notice of Special Tax Lien pertaining to each of the parcels in the CFD subject to a special tax.

REASON FOR RECOMMENDATION:

Staff has worked with DR Horton to complete a fiscal impact analysis for their project.

The fiscal impact analysis has determined that the proposed development will produce a shortfall to the City' s
General Fund. In order for the City to ensure that
development continues to pay its own way, a Community Facilities District ( CFD) needs to be formed to cover the shortfalls.

FISCAL IMPACT:

City Staff time and all formation costs have been funded by DR Horton. The proposed CFD will fund General Fund shortfalls anticipated by the development. 487

CITY MANAGER' SREPORT
APRIL 8, 2024 REGULAR CITY COUNCIL MEETING
COMMUNITY FACILITIES DISTRICT NO. 2024- 1 FORMATION
ATTACHMENTS:

A. Resolution of Formation of Community Facilities District Exhibits to Attachment A:

A. Description of Authorized Services and Facilities
B. Rate and Method of Apportionment of Special Tax
B. Resolution Calling Special Landowner Election
Exhibits to Attachment B:

A. Official Ballot Special Tax Election
C. Resolution Declaring Results of Special Landowner Election Exhibits to Attachment C:

A. Canvass and Statement of Result of Election
PAGE 4
D. Ordinance Levying Special Taxes Within the Community Facilities District 488

CITY MANAGER' S REPORT
APRIL 8, 2024 REGULAR CITY COUNCIL MEETING
COMMUNITY FACILITIES DISTRICT NO. 2024- 1FORMATION
APPROVALS:

Cari Jam
Director • f Finance
Brad TYylor
City Engineer
Salvador Navarrete
City Attorney
PAGE 5
Date
s/z, / 7 -0 -z. -J
Date
3 - zozy
Date
3 -2a3 -P#
Steen J. Salvatore Date
City Manager
489
RESOLUTION NO. 24-

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

FORMATION OF COMMUNITY FACILITIES DISTRICT

CITY OF LATHROP
Community Facilities District No. 2024- 1
Eagles Landing Services)
WHEREAS, on February 12, 2024, this City Council adopted a resolution entitled " Resolution of Intention to Establish City of Lathrop Community Facilities District No. 2024- 1 (Eagles Landing Services)" to Finance Public Services" (the Resolution of Intention"), stating its intention to form " City of Lathrop Community Facilities District No. 2024- 1 (Eagles Landing Services)" ( the " CFD") pursuant to the Mello - Roos Community Facilities Act of 1982, as amended, Chapter 2. 5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Government Code ( the " Act"); and
WHEREAS, the Resolution of Intention, incorporating a map of the proposed boundaries of the CFD and stating the services to be provided ( as set forth in the list attached hereto as Exhibit A), the cost of providing such services, and the rate and method of apportionment of the special tax to be levied within the CFD, is on file with the City Clerk and the provisions thereof are incorporated herein by this reference as if fully set forth herein; and
WHEREAS, on this date, this City Council held a noticed public hearing as required by the Act and the Resolution of Intention relative to the proposed formation of the CFD; and
WHEREAS, at the hearing all interested persons desiring to be heard on all matters pertaining to the formation of the CFD, the services to be provided therein and the levy of said special tax were heard and a full and fair hearing was held; and WHEREAS, at the hearing evidence was presented to this City Council on said matters before it, including a report caused to be prepared by the Public Works Director ( the " Report") as to the services to be provided through the CFD and the costs thereof, a copy of which is on file with the City Clerk, and this City Council at the conclusion of said hearing is fully advised in the premises; and WHEREAS, written protests with respect to the formation of the CFD, the furnishing of specified types of services and the rate and method of apportionment of the special taxes have not been filed with the City Clerk by fifty percent ( 50%) or more of the registered voters residing within the territory of the CFD or property owners of one- half (1/ 2) or more of the area of land within the CFD and not exempt from the proposed special tax; and
Attachment " A"

490
WHEREAS, the special tax proposed to be levied in the CFD to pay for the proposed services to be provided therein, as set forth in Exhibit B hereto, has not been eliminated by protest by fifty percent ( 50%) or more of the registered voters residing within the territory of the CFD or the owners of one- half (1/ 2) or more of the area of land within the CFD and not exempt from the special tax; and NOW, THEREFORE, IT IS HEREBY RESOLVED as follows:

1. Recitals Correct. The foregoing recitals are true and correct.

2. No Majority Protest. The proposed special tax to be levied within the CFD has not been precluded by majority protest pursuant to section 53324 of the Act.

3. Prior Proceedings Valid. All prior proceedings taken by this City Council in connection with the establishment of the CFD and the levy of the special tax have been duly considered and are hereby found and determined to be valid and in conformity with the Act.

4. Name of CFD. The community facilities district designated " City of Lathrop Community Facilities District No. 2024- 1 (Eagles Landing Services)" is hereby established pursuant to the Act.

5. Boundaries of CFD. The boundaries of the CFD, as set forth in the map of the CFD heretofore recorded in the San Joaquin County Recorder' s Office on February 22, 2024, as Document No. 2024- 01664 of Maps of Assessment and Community Facilities Districts, are hereby approved, are incorporated herein by reference and shall be the boundaries of the CFD.

6. Description of Services. The type of public services proposed to be financed by the CFD and pursuant to the Act shall consist of those items listed as services in Exhibit A hereto and by this reference incorporated herein ( the Services").

7. Special Tax. Except to the extent that funds are otherwise available to the CFD to pay for the Services, a special tax (the " Special Tax") sufficient to pay the costs thereof, secured by the recordation of a continuing lien against all non- exempt real property in the CFD, is intended to be levied annually within the CFD, and collected in the same manner as ordinary ad valorem property taxes or in such other manner as may be prescribed by this City Council.

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 shown in Exhibit B attached hereto and hereby incorporated herein.

Attachment " A"

491

8. Increased Demands. It is hereby found and determined that the Services are necessary to meet increased demands placed upon local agencies as the result of development occurring in the CFD.

9. Responsible Official. The Finance Director of the City of Lathrop, 390 Towne Centre Drive, Lathrop, CA 95330, 209- 941- 7200, is the officer of the City who will be responsible for preparing annually a current roll of special tax levy obligations by assessor' sparcel number and who will be responsible for estimating future special tax levies pursuant to the Act.

10. Tax Lien. Upon recordation of a notice of special tax lien pursuant to Section 3114. 5of the Streets and Highways Code of California, a continuing lien to secure each levy of the special tax shall attach to all nonexempt real property in the CFD and this lien shall continue in force and effect until the special tax obligation is prepaid and permanently satisfied and the lien canceled in accordance with law or until collection of the tax by the City ceases.

11. Appropriations Limit. In accordance with the Act, the annual appropriations limit, as defined by subdivision ( h) of Section 8 of Article XIII B of the California Constitution, of the CFD is hereby preliminarily established at $ 3, 000, and said appropriations limit shall be submitted to the voters of the CFD as hereafter provided. The proposition establishing said annual appropriations limit shall become effective if approved by the qualified electors voting thereon and shall be adjusted in accordance with the applicable provisions of the Act.

12. Election. Pursuant to the provisions of the Act, the proposition of the levy of the special tax and the proposition of the establishment of the appropriations limit specified above shall be submitted to the qualified electors of the CFD at an election. The time, place and conditions of the election shall be as specified by a separate resolution of this City Council.

13. Effective Date. This resolution shall take effect upon its adoption.

Attachment " A"

492
I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of Lathrop at a meeting held on the 8th day of April, 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 Attachment "A"

493

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 including the area in the CFD, as well as areas adjacent to the foregoing. 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' sgeneral administrative overhead related thereto, any amounts paid by the Exhibit " A"

494
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 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"

495

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' s Parcels 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' sParcel, the ADU located on such Assessor' sParcel is considered a separate Unit from the primary Unit on such Assessor' sParcel for purposes of the Special Tax. Should an Assessor' s Parcel 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' s Data 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' s Office, Tax Collector' s Office or Treasurer' s Office; 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- 1for any other administrative purposes, including, but not limited to, attorney' sfees.

Exhibit "B"
City of Lathrop
Community Facilities District No. 2024- 1 (Eagles Landing Services) Page 1 496
Annual Services Costs" means the respective amounts determined by the CFD Administrator required to fund services authorized to be funded by CFD No. 2024- 1 for 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' s Parcel.

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

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

Assessor' sParcel 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' s Data. 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- 1which are exempt from the Special Tax pursuant to Section E.

City of Lathrop
Community Facilities District No. 2024- 1 (Eagles Landing Services) Page 2 497
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' sParcels 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' sParcel.

Open Space Property" means property within the boundaries of CFD No. 2024- 1 which ( 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' sassociation. 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' sassociation.

Property Owner' sAssociation Property" means any property within the boundaries of CFD No. 2024- 1 which is ( a) owned by a Property Owner' s Association 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- 1 which ( 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 3 498
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' sData, (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- 1 that ( 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' sParcel 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' sParcels 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 4 499

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' s Parcel of Developed Property may be Mixed -Use Property. The Maximum Special Tax levied on an Assessor' sParcel 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' s Parcel 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 5 500
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' sParcel of Taxable Property expected to be classified as Single -Family Residential Detached Property by multiplying each Assessor' sParcel 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 6 501
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' sParcel 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' s Parcel 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 7 502
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 8 503
RESOLUTION NO. 24-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP CALLING

SPECIAL ELECTION

CITY OF LATHROP
Community Facilities District No. 2024- 1
Eagles Landing Services)
WHEREAS, this City Council has adopted a resolution entitled " Resolution of Formation of Community Facilities District" (the " Resolution of Formation"), ordering the formation of the " City of Lathrop Community Facilities District No. 2024- 1 Eagles Landing Services)" (the " CFD"), authorizing the levy of a special tax on property within the CFD and preliminarily establishing an appropriations limit for the CFD, all pursuant to the Mello - Roos Community Facilities Act of 1982, Chapter 2. 5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Government Code ( the "Act"); and
WHEREAS, pursuant to the provisions of the Resolution of Formation, the propositions of the levy of the special tax and the establishment of the appropriations limit shall be submitted to the qualified electors of the CFD as required by the provisions of the Act;
NOW, THEREFORE, IT IS HEREBY RESOLVED, as follows:

1. Issues Submitted. Pursuant to Sections 53326, 53351 and 53325. 7of the Act, the issues of the levy of the special tax and the establishment of the appropriations limit shall be submitted to the qualified electors ( as defined below) of the CFD at an election called therefor as provided below.

2. Qualified Electors. This Council hereby finds that fewer than 12 persons have been registered to vote within the territory of the CFD for each of the 90 days preceding the close of the public hearings heretofore conducted and concluded by this Council for the purposes of these proceedings. Accordingly, and pursuant to Section 53326 of the Act, this Council finds that, for these proceedings, the qualified electors are the landowners within the CFD and that the vote shall be by such landowners or their authorized representatives, each having one vote for each acre or portion thereof such landowner owns in the CFD as of the close of the public hearings.

3. Conduct of Election. This Council hereby calls a special election to consider the measures described in section 1 above, which election shall be held on April 8, 2024 and the results thereof canvassed at the meeting of this Council on April 8, 2024. The City Clerk is hereby designated as the official to conduct the election and to receive all ballots until 7: 00 p. m. on the election date. It is hereby acknowledged that the City Clerk has on file the Resolution of Formation, a certified map of the boundaries of the CFD, and a sufficient description to allow the City Clerk to determine the electors of the CFD. Pursuant to Section 53327 of the Act,

Attachment B"
504
the election shall be conducted by messenger or mail -delivered ballot pursuant to Section 4000 of the California Elections Code. This Council hereby finds that paragraphs ( a), (b), (c) (1) and ( c)( 3) of Section 4000 are applicable to this special election.

4. Ballot. As authorized by Section 53353. of the Act, the two propositions described in section 1 above shall be combined into a single ballot measure, substantially in the form attached hereto as Exhibit " A", which is hereby approved and by this reference incorporated herein. The City Clerk is hereby authorized and directed to cause a ballot, in substantially the form of Exhibit " A," to be delivered to each of the qualified electors of the CFD. Each ballot shall indicate the number of votes to be voted by the respective landowner to which the ballot pertains. Each ballot shall be accompanied by all supplies and written instructions necessary for the use and return of the ballot as appropriate under the Act.

5. Waivers. This Council hereby further finds that the provisions of Section 53326 of the Act requiring a minimum of 90 days following the adoption of the Resolution of Formation to elapse before the special election are for the protection of the qualified electors of the CFD. There is on file with the City Clerk a written waiver executed by all of the qualified electors of the CFD allowing for a shortening of the time for the special election to expedite the process of formation of the CFD and waiving any requirement for notice, analysis and arguments and other requirements and formalities in connection with the election. Accordingly, this Council finds and determines that the qualified electors have requested formation of the CFD and have been fully apprised of the CFD, tax rates, uses of the tax and all other matters related to the CFD, and have agreed to the shortened time for the election and waiver of analysis and arguments, and have thereby been fully informed and protected in these proceedings. This Council also finds and determines that the City Clerk has concurred in the shortened time for the election.

Analysis and arguments with respect to the ballot measures are hereby waived, as provided in Section 53327 of the Act.

6. Accountability. Under Sections 50075. 1 and 53410 of the Government Code, the following accountability provisions shall apply to the special taxes: (a) the providing of Services and the incidental costs thereof, all as defined in the Resolution of Formation, shall constitute the specific single purpose; ( b) the proceeds shall be applied only to the specific purposes identified in ( a) above; (c) there shall be created special account( s) or funds( s) into which the proceeds shall be deposited; and ( d) there shall be caused to be prepared an annual report as required by Sections 50075. 3of the Government Code.

7. Effective Date. This Resolution shall take effect upon its adoption.

Attachment " B"
505
I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of Lathrop at a meeting held on the 8th day of April, 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

Attachment " B"
506

EXHIBIT A

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

OFFICIAL BALLOT

SPECIAL TAX ELECTION
This ballot is for a special, landowner election for a community facilities district. You must return this ballot in the enclosed postage paid envelope to the office of the City Clerk of the City of Lathrop no later than the hour of 7: 00 p. m. on 2024, either by mail or in person. The City Clerk' s office is located at 390 Towne Centre Drive, Lathrop, CA 95330.

To vote, mark a cross ( X) on the voting line after the word " YES" or after the word " NO". All marks otherwise made are forbidden. All distinguishing marks are forbidden and make the ballot void. If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of Lathrop and obtain another.

Shall the measure pursuant to which the City of
Lathrop on behalf of its Community Facilities District
No. 2024- 1 (Eagles Landing Services) (the " CFD") will i) levy a special tax within the CFD at rates of YES
1, 625/ residential unit ( with other property taxed at other rates) for 500 years, subject to annual
escalation, in accordance with the rate and method of
apportionment of special taxes for the CFD attached
hereto, raising $ 154, 375 in Fiscal Year 2024-5 NO
assuming full build - out of the CFD), to pay for
services in the listing attached hereto; and ( ii) the
annual appropriations limit of the CFD shall initially be 3, 000,00, subject to escalation, be adopted?
The undersigned is the authorized representative of the below - named landowner and is the person legally authorized and entitled to cast this ballot on behalf of the below -named landowner. By execution in the space provided below, the undersigned Landowner certifies that such owner has initiated, requested and/ or reviewed all the CFD provisions and proceedings leading up to this election, including the list of authorized facilities, the bond indebtedness limit for the CFD, and the Rate and Method of Apportionment, which includes the tax rates and duration of the special tax to be placed on the Landowner' s property. The undersigned has waived ( i) the time limit pertaining to the conduct of the election, ii) any requirement for analysis and arguments with respect to the ballot measure, and ( iii) any irregularity in the proceedings that may be claimed as a result of the application of such waivers.

A- 1
507
Further, the undersigned, on behalf of the below - named Landowner, hereby knowingly, voluntarily and intelligently waives any and all defects in any notice, ballot, or procedure related to the conduct of the election, whether known or unknown, including any requirements set forth in The Taxpayer Protection and Government Accountability Act, which is a constitutional initiative that has qualified for the November 2024 Statewide ballot ( except the right to vote and to have the ballots fairly counted), and states that the election is being expedited at the particular instance and request of the Landowner.

By execution in the space provided below, you also indicate your waiver of ( i) the time limit pertaining to the conduct of the election, ( ii) any requirement for analysis and arguments with respect to the ballot measure, and ( iii) any irregularity in the proceedings that may be claimed as a result of the application of such waivers.

Number of Votes:

Property Owner:

A- 2
508
RESOLUTION NO. 24-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP

DECLARING RESULTS OF SPECIAL ELECTION AND DIRECTING RECORDING

OF NOTICE OF SPECIAL TAX LIEN

CITY OF LATHROP
Community Facilities District No. 2024- 1
Eagles Landing Services)
WHEREAS, this City Council has adopted a resolution entitled " Resolution of Formation of Community Facilities District" (the " Resolution of Formation"), ordering the formation of the " City of Lathrop Community Facilities District No. 2024- 1 Eagles Landing Services)" ( the " CFD"), authorizing the levy of a special tax on property within the CFD and preliminarily establishing an appropriations limit for the CFD, all pursuant to the Mello -Roos Community Facilities Act of 1982, Chapter 2. 5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Government Code ( the "Act"); and
WHEREAS, under the provisions of the Resolution of Formation and pursuant to a " Resolution Calling Special Election" ( the " Election Resolution") heretofore adopted by this City Council the propositions of the levy of the special tax and the establishment of the appropriations limit were submitted to the qualified electors of the CFD as required by the provisions of the Act; and
WHEREAS, pursuant to the terms of the Election Resolution, which are by this reference incorporated herein, the special election has been held and the City Clerk has on file a Canvass and Statement of Results of Election, (the " Canvass") a copy of which is attached hereto as Exhibit A; and
WHEREAS, this City Council has reviewed the Canvass, finds it appropriate and wishes to complete its proceedings for the CFD.

NOW, THEREFORE, IT IS HEREBY RESOLVED as follows:

1. Recitals. The foregoing recitals are all true and correct.

2. Issues Presented. The issues presented at the special election were the levy of a special tax within the CFD and the approval of an annual appropriations limit of not to exceed $ 3, 000,00, all pursuant to the Resolution of Formation.

3. Canvass and Issues Approved. The Council hereby approves the Canvass and finds that it shall be a permanent part of the record of its proceedings for the CFD. Pursuant to the Canvass, the issues presented at the special election

Attachment " C"
509
were approved by the qualified electors of the CFD by more than two-hirds (2/3) of the votes cast at the special election.

4. Proceedings Approved. Pursuant to the voter approval, the CFD is hereby declared to be fully formed with the authority to levy the special taxes and to have the established appropriations limit, all as heretofore provided in these proceedings and in the Act. It is hereby found that all prior proceedings and actions taken by this City Council with respect to the CFD were valid and in conformity with the Act.

5. Notice of Tax Lien. The City Clerk is hereby directed to complete, execute and cause to be recorded in the office of the County Recorder of the County of San Joaquin a notice of special tax lien in the form required by the Act, such recording to occur no later than fifteen ( 15) days following adoption by the Council of this resolution.

6. Effective Date. This Resolution shall take effect upon its adoption.

Attachment " C"
510
I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of Lathrop at a meeting held on the 8th day of April, 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

Attachment " C"
511

CANVASS AND STATEMENT OF RESULT OF ELECTION

CITY OF LATHROP
Community Facilities District No. 2024- 1
Eagles Landing Services)
I hereby certify that on April 8, 2024 I canvassed the returns of the election held on April 8, 2024 in the City of Lathrop Community Facilities District No. 2024- 1 Eagles Landing Services) and the total number of ballots cast in said District and the total number of votes cast for and against the measure are as follows and the totals as shown for and against the measure are full, true and correct:

Qualified
Landowner Votes
Votes Cast
City of Lathrop
Community Facilities District No. 2024- 1
Eagles Landing Services)
Special Tax Election, April 8, 2024
YES NO
Shall the measure pursuant to which the City of Lathrop on behalf of its Community Facilities District No. 2024- 1 Eagles Landing Services) ( the " CFD") will ( i) levy a special tax within the CFD at rates of $ 1, 625/ residential unit ( with other property taxed at other rates) for 500 years, subject to annual escalation, in accordance with the rate and method of apportionment of special taxes for the CFD attached hereto, raising $ 154, 375 in Fiscal Year 2024-5 (assuming full build - out of the CFD), to pay for services in the listing attached hereto; and ( ii) the annual appropriations limit of the CFD shall initially be
3, 000,00, subject to escalation, be adopted?
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND this
day of , 2024.

By:

City Clerk

EXHIBIT A
512
ORDINANCE NO. 24 -

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LATHROP LEVYING

SPECIAL TAXES WITHIN CITY OF LATHROP COMMUNITY FACILITIES DISTRICT NO. 2024- 1 (Eagles Landing Services)
WHEREAS, on February 12, 2024 this City Council ( the " City Council") of the City of Lathrop ( the " City"), adopted a resolution entitled " Resolution of Intention to Establish Community Facilities District " stating its intention to establish " City of Lathrop Community Facilities District No. 2024- 1 (Eagles Landing Services)" ( the CFD") pursuant to the Mello - Roos Community Facilities Act of 1982, as amended, sections 53311, et. seq., of the California Government Code ( the " Act"), to finance certain public services ( the " Services"); and
WHEREAS, notice was published as required by the Act relative to the intention of this City Council to form the CFD and to provide for the Services; and WHEREAS, this City Council has held noticed public hearings as required by the Act relative to ( i) the determination to proceed with the formation of the CFD and the rate and method of apportionment of the special tax to be levied within the CFD to finance the authorized Services for the CFD; and WHEREAS, at said hearing all persons desiring to be heard on all matters pertaining to the formation of the CFD and the levy of said special taxes were heard, substantial evidence was presented and considered by this City Council and a full and fair hearing was held; and
WHEREAS, subsequent to the hearing, this City Council adopted resolutions entitled " Resolution of Formation of Community Facilities District" (the " Resolution of Formation") and " Resolution Calling Special Election", which resolutions defined the public Services to be financed by the CFD ( the " Services"), established the CFD, authorized the levy of a special tax with the CFD and called an election within the CFD on the propositions of levying a special tax, and establishing an appropriations limit within the CFD, respectively; and
WHEREAS, on April 8, 2024 a special election was held within the CFD at which the eligible landowner - electors approved such propositions by the two-hirds vote required by the Act.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LATHROP, as follows:

Section 1. By the passage of this Ordinance this City Council hereby authorizes and levies special taxes within the CFD pursuant to the Act, at the rate and in accordance with the formula ( the " Rate and Method") set forth in the Resolution of Formation, which Resolution of Formation is by this reference

Attachment " D"
513
incorporated herein. The special taxes are hereby levied commencing in fiscal year 2024-5 and in each fiscal year for the period provided in the Rate and Method, as contemplated by the Resolution of Formation, and all costs of administering the CFD.

Section 2. The Finance Director of the City is hereby authorized and directed each fiscal year to determine the specific special tax rate and amount to be levied for the next ensuing fiscal year for each parcel of real property within the CFD, in the manner and as provided in the Resolution of Formation.

Section 3. Properties or entities of the State, federal or local governments shall be exempt from any levy of the special taxes. In no event shall the special taxes be levied on any parcel within the CFD in excess of the maximum tax specified in the Resolution of Formation.

Section 4. All of the collections of the special tax shall be used as provided for in the Act and in the Resolution of Formation including, but not limited to, the payment of the costs of the Services, the payment of the costs of the City in administering the CFD, and the costs of collecting and administering the special tax.

Section 5. The special taxes shall be collected in the same manner as ordinary ad valorem taxes are collected and shall have the same lien priority, and be subject to the same penalties and the same procedure and sale in cases of delinquency as provided for ad valorem taxes; provided, however, that this City Council may provide for other appropriate methods of collection by resolutions of this City Council. In addition, the provisions of Section 53356. 1 of the Act shall apply to delinquent special tax payments. The Finance Director of the City is hereby authorized and directed to provide all necessary information to the auditor/ tax collector of the County of San Joaquin in order to effect proper billing and collection of the special tax, so that the special tax shall be included on the secured property tax roll of the County of San Joaquin for fiscal year 2024-5 and for each fiscal year thereafter for the period of time provided in the Rate and Method.

Section 6. If for any reason any portion of this Ordinance is found to be invalid, or if the special tax is found inapplicable to any particular parcel within the CFD, by a court of competent jurisdiction, the balance of this Ordinance and the application of the special tax to the remaining parcels within the CFD shall not be affected.

Section 7. The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen ( 15) days after its passage at least once in a newspaper of general circulation published and circulated in the City.

Section 8. This Ordinance shall take effect 30 days from the date of final passage.

Attachment " D"
514
THIS ORDINANCE was introduced at a regular meeting of the City Council of the City of Lathrop on the 8th day of April 2024, and 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:

ABSTAIN:

ABSENT:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney

Attachment " D"
515

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ITEM 5. 3

CITY MANAGER' S REPORT
APRIL 8, 2024 CITY COUNCIL REGULAR MEETING
ITEM: DISCUSS AND CONSIDER OPTIONS TO INSTALL A

FENCE OR WALL ON MCKEE BOULEVARD FROM RIVER

ISLANDS PARKWAY TO TOWNE CENTRE DRIVE
RECOMMENDATION: Discuss and Consider Options to Install a Fence or Wall on McKee Boulevard from River Islands
Parkway to Towne Centre Drive
SUMMARY:

The Mossdale Landing community was built in 2004 with backyards fronting McKee Boulevard. The backyard wood fences are privately owned and are failing after 20 years of service. Residents are replacing fences sporadically, creating a mix of styles, quality and colors along a main collector road. Residents have requested a new fence or wall along McKee Boulevard from River Islands Parkway to Towne Centre Drive to maintain aesthetics and security.

Staff reviewed the street cross- section on McKee Boulevard and determined that there is sufficient space between the sidewalk and the property line to install a new fence or wall parallel to the existing fences. The proposed fence or wall will be offset from the existing backyard fences and constructed entirely within public right- of- way.

The following options are being presented to Council for review and consideration of a new fence or wall:

Option 1 —Install New Wood Fence
Approximate cost is $ 550, 00)
Recommended: Simplified scope of work; time cost effective Option 2 —Construct New Masonry Wall
Approximate cost is $ 2, 100, 000)
Not Recommended: High cost; requires structural design, footings, grading and rebar
Staff will pursue the option selected by Council and bring an item back for Council to create a Capital Improvement Project ( CIP) and approve a budget amendment to complete the corresponding design services.
517
CITY MANAGER' SREPORT PAGE 2
APRIL 8, 2024 CITY COUNCIL REGULAR MEETING

DISCUSS AND CONSIDER OPTIONS TO INSTALL A FENCE OR WALL ON

MCKEE BOULEVARD FROM RIVER ISLANDS PARKWAY TO TOWNE CENTRE

DRIVE FENCE
BACKGROUND:

The Mossdale Landing community is located west of Interstate 5 between Central Lathrop to the north and the San Joaquin River to the south. The community was built in 2004 with backyards fronting McKee Boulevard. The backyard wood fences are privately owned and are failing after 20 years of service. Residents are replacing fences sporadically, creating a mix of styles, quality and colors along a main collector road. Residents have requested a new fence or wall along McKee Boulevard from River Islands Parkway to Towne Centre Drive to maintain aesthetics and security.

Since the existing fences are owned and maintained by the residents, the only way for the City to maintain aesthetic consistency and security is to build and maintain another fence or wall within the public right of way that is parallel to the private fences.

Staff reviewed the street cross- section on McKee Boulevard and determined there is sufficient space between the sidewalk and the property line to install a new fence or wall parallel to the existing fences. The options listed above are being presented to Council for review and consideration of a new perimeter fence or wall within public right- of- way and parallel to the existing backyard fences.

REASON FOR RECOMMENDATION:

The backyard wood fences are privately owned and are failing after 20 years of service. Residents are replacing fences sporadically, creating a mix of styles, quality and colors along a main collector road. The only way for the City to maintain aesthetic consistency and security is to build and maintain another fence or wall within the public right of way that is parallel to the private fences.

FISCAL IMPACT:

Staff will pursue the option selected by Council and bring an item back for Council to create a Capital Improvement Project ( CIP) and approve a budget amendment to complete the design services.
518
CITY MANAGER' S REPORT PAGE 3
APRIL 8, 2024 CITY COUNCIL REGULAR MEETING

DISCUSS AND CONSIDER OPTIONS TO INSTALL A FENCE OR WALL ON

MCKEE BOULEVARD FROM RIVER ISLANDS PARKWAY TO TOWNE CENTRE

DRIVE FENCE
APPROVALS:

Angel brca
Assistant Engineer
Brad Paylor
City Engineer
Cari Ja,n
s
Direct dr of Finance
2ozy
Date
4/ 1/
Date
Date
y •\. 2oz){
Michael King Date
Assistant City Manager
Salvador Navarrete Date
City Attorney
Ste en J. Salvatore Date
City Manager
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