Lathrop City Council
August 12, 2024

August 12, 2024 – Regular Meeting Agenda – 7:00 p.m.

Printed on Recycled Paper See Reverse
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August 12, 2024 – City Council Regular Meeting – 7:00 p.m.

City Council Chamber
390 Towne Centre Drive
Lathrop, California
(209) 941-7200
www.ci.lathrop.ca.us
City Council
Sonny Dhaliwal, Mayor
Minnie Diallo, Vice Mayor
Paul Akinjo
Diane Lazard
Jennifer Torres-O’Callaghan
City Staff
Stephen Salvatore, City Manager
Salvador Navarrete, City Attorney
Stephen Sealy, Chief of Police
Michael King, Assistant City Manager
Thomas Hedegard, Deputy City Manager
Teresa Vargas, Government Services
Director / City Clerk
Brad Taylor, City Engineer
Tony Fernandes, Information Systems Director
Cari James, Finance Director
Juliana Burns, Human Resources Director
Rick Caguiat, Community Development
Director
Todd Sebastian, Parks and Recreation
Director
General Order of Business

1. Preliminary
• Call to Order
• Closed Session
• Roll Call
• Invocation
• Pledge of Allegiance
• Announcements by Mayor/City Mgr.
• Informational Items
• Declaration of Conflict of Interest

2. Presentations

3. Citizen’s Forum

4. Consent Calendar

5. Scheduled Items
• Public Hearings
• Appeals
• Referrals and Reports from
Commissions and Committees
• All Other Staff Reports and/or Action
Items
• Study Sessions

6. Council Communications

7. Adjournment
Order of Discussion
Generally, the order of discussion after introduction
of an item by the Mayor will include comments and
information by staff followed by City Council
questions and inquiries. The applicant, or their
authorized representative, or interested residents,
may then speak on the item; each speaker may only
speak once to each item. At the close of public
discussion, the item will be considered by the City
Council and action taken.

Consent Calendar
Items on the Consent Calendar are considered
routine by the City Council and will be enacted by one
motion and one vote. There will be no separate
discussion of these items unless a Councilmember or
interested resident so requests, in which case the
item will be removed from the Consent Calendar and
considered separately.
1 August 12, 2024 Lathrop City Council Regular Meeting Agenda Page 1

IMPORTANT NOTICE REGARDING THIS MEETING
This public meeting will be conducted in person; all members of the City Council will attend in person. Members of the public are welcomed in person. This meeting will also be available for public participation by teleconference via ZoomGov at the following link:
https://www.zoomgov.com/j/1606709441?pwd=duw0AL4tg3xID1O ITkWj7nAPdAzwfb.1
During the meeting, those joining by ZoomGov, will be allowed to speak prior to the close of public comment on an item. If you are using this method, please “raise the hand” feature to inform the City Clerk (meeting host) you wish to speak on the matter.

Please ensure your computer speaker and microphone are fully functional.

For audio / calling in only, dial: +1 (669) 254-5252 or +1 (669) 216-1590 o To request to speak (same as the “raise hand” feature) press *9 / When the City Clerk calls your name, press *6 to unmute.

Meeting Webinar ID: 160 670 9441 / Passcode: 213393
If you are not able to attend the meeting in person or virtually - Public comment / questions will be accepted by email to City Clerk Teresa Vargas at [email protected] or by calling (209) 941-7230. Please reference the Agenda Item or Public Comment Matter, and the date of the City Council Meeting, in your written communication.

Questions or comments submitted by email must be submitted by 4:00 p.m., on the day of the meeting.

To address City Council in person, please submit a purple card to the City Clerk indicating name, address, and number of the item upon which a person wishes to speak.

Council Meetings are live-streamed (with Closed Captioning) on Comcast Cable Channel 97, and on the City Council Webpage: https://www.ci.lathrop.ca.us/citycouncil/page/live-stream Addressing the Council
Any person may speak once on any item under discussion by the City Council after receiving recognition by the Mayor. Purple speaker cards will be available prior to and during the meeting. To address City Council, a card must be submitted to the City Clerk indicating name, address and number of the item upon which a person wishes to speak. When addressing the City Council, please walk to the lectern located in front of the City Council. State your name and address. In order to ensure all persons have the opportunity to speak, a time limit will be set by the Mayor for each speaker (see instructions on speaker form). In the interest of time, each speaker may only speak once on each individual agenda item; please limit your comments to new material; do not repeat what a prior speaker has said. If you challenge the nature of a proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. 2 August 12, 2024 Lathrop City Council Regular Meeting Agenda Page 2 Citizen’s Forum
Any person desiring to speak on a matter, which is not scheduled on this agenda, may do so under the Citizen’s Forum section. Please submit your purple speaker card to the City Clerk prior to the commencement of Citizen’s Forum, or submit your request to speak via the “raise hand” feature in ZoomGov. Only those who have submitted speaker cards, or have expressed an interest to speak, prior to the conclusion of Citizen’s Forum will be called upon to speak.

Please be aware the California Government Code prohibits the City Council from taking any immediate action on an item, which does not appear on the agenda, unless the item meets stringent statutory requirements. The Mayor will limit the length of your presentation (see instructions on speaker form) and each speaker may only speak once on this agenda item.

Please note, the Council Chamber has limited occupancy due to social distancing.

To leave a voice message for all Councilmembers simultaneously, dial (209) 941-7230. To send an e-mail for Councilmembers simultaneously email: [email protected]. This City Council Agenda and meeting materials can be accessed by computer or any smart device at: https://www.ci.lathrop.ca.us/meetings
General Information
For reports citing supplemental documents relating to specific agenda items, these are available for review in the City Clerk’s Office. This agenda was posted at the following locations: City Hall, Community Center, Generations Center, Senior Center, and the LathropManteca Fire District “J" Street and Somerston Parkway Offices. The meetings of the Lathrop City Council are broadcast on Lathrop Comcast Cable Television Channel 97 and live streamed on the City’s website.

Assistance will be provided to those requiring accommodations for disabilities in compliance with the Americans with Disabilities Act of 1990. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility and/or accommodations to this meeting. [28 CFR 35.102-35.104 ADA Title II] Interested persons must request the accommodation at least 2 working days in advance of the meeting by contacting the City Clerk at (209) 941-7230. Information about the City or items scheduled on the Agenda may be referred to:

Teresa Vargas, MMC
Government Services Director / City Clerk
390 Towne Centre Drive
Lathrop, CA 95330
Telephone: (209) 941-7230
3 August 12, 2024 Lathrop City Council Regular Meeting Agenda Page 3

CITY OF LATHROP

CITY COUNCIL REGULAR MEETING
MONDAY, AUGUST 12, 2024
7:00 P.M.

COUNCIL CHAMBER, CITY HALL
390 Towne Centre Drive
Lathrop, CA 95330
AGENDA
PLEASE NOTE: There will be a Closed Session commencing at 5:00 p.m. The Regular Meeting will reconvene at 7:00 p.m., or immediately following the Closed Session, whichever is later.

1. PRELIMINARY

1.1 CALL TO ORDER

1.2 CLOSED SESSION

1.2.1 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Pursuant to Government Code Section 54957
• Chief of Police
• City Attorney
• City Manager

1.2.2 CONFERENCE WITH LEGAL COUNSEL Anticipated LitigationSignificant Exposure to Litigation Pursuant to Government Code Section 54956.9(d)(2) and 54956.9(e)(1):
• 1 Potential Case
Closed Session Items 1.2.3 through 1.2.18 are related to Right of Way Acquisition for the Harlan Road Realignment at Roth Road Project (CIP PS 14-04)

1.2.3 CONFERENCE WITH REAL PROPERTY NEGOTIATIONS: Pursuant to Government Code Section: 54956.8
Address: APN 196-020-130, 11550 S. Harlan Rd, Lathrop, CA Agency Negotiator: Stephen J. Salvatore, City Manager
Negotiating Parties: Lathrop Sands Community, LLC
Under Negotiation: Price and Terms of Purchase

1.2.4 CONFERENCE WITH REAL PROPERTY NEGOTIATOR: Pursuant to Government Code Section: 54956.8
Address: APN 196-020-140, 11616 S. Harlan Rd, Lathrop CA Agency Negotiator: Stephen J. Salvatore, City Manager
Negotiating Parties: Balwant Sandhu
Under Negotiation: Price and Terms of Purchase
4 August 12, 2024 Lathrop City Council Regular Meeting Agenda Page 4

1.2.5 CONFERENCE WITH REAL PROPERTY NEGOTIATOR: Pursuant to Government Code Section: 54956.8
Address: APN 196-020-150, 11674 S. Harlan Road, Lathrop CA Agency Negotiator: Stephen J. Salvatore, City Manager
Negotiating Parties: Herrera & Torres
Under Negotiation: Price and Terms of Purchase

1.2.6 CONFERENCE WITH REAL PROPERTY NEGOTIATOR: Pursuant to Government Code Section: 54956.8
Address: APN 196-020-160, 11672 S. Harlan Rd, Lathrop CA Agency Negotiator: Stephen J. Salvatore, City Manager
Negotiating Parties: Torres, Herrera, Hernandez
Under Negotiation: Price and Terms of Purchase

1.2.7 CONFERENCE WITH REAL PROPERTY NEGOTIATOR: Pursuant to Government Code Section: 54956.8
Address: APN 196-020-200, 116 Roth Rd, Lathrop CA
Agency Negotiator: Stephen J. Salvatore, City Manager
Negotiating Parties: Fast Lane Sierra
Under Negotiation: Price and Terms of Purchase

1.2.8 CONFERENCE WITH REAL PROPERTY NEGOTIATOR: Pursuant to Government Code Section: 54956.8
Address: APN 196-020-060, 11338 S. Harlan Rd, Lathrop CA Agency Negotiator: Stephen J. Salvatore, City Manager
Negotiating Parties: Fast Lane Sierra
Under Negotiation: Price and Terms of Purchase

1.2.9 CONFERENCE WITH REAL PROPERTY NEGOTIATOR: Pursuant to Government Code Section: 54956.8
Address: APN 196-020-080, 11378 S Harlan Road, Lathrop CA Agency Negotiator: Stephen J. Salvatore, City Manager
Negotiating Parties: Ravinder & Daljit Dhillon
Under Negotiation: Price and Terms of Purchase

1.2.10 CONFERENCE WITH REAL PROPERTY NEGOTIATOR: Pursuant to Government Code Section: 54956.8
Address: APN 196-020-120, 11500 S Harlan Road, Lathrop CA Agency Negotiator: Stephen J. Salvatore, City Manager
Negotiating Parties: Ravinder & Daljit Dhillon; Singh
Under Negotiation: Price and Terms of Purchase

1.2.11 CONFERENCE WITH REAL PROPERTY NEGOTIATOR: Pursuant to Government Code Section: 54956.8
Address: APN 196-020-100, 11432 S. Harlan Rd, Lathrop CA Agency Negotiator: Stephen J. Salvatore, City Manager
Negotiating Parties: Ravinder & Daljit Dhillon; Sanchos / Albararo Under Negotiation: Price and Terms of Purchase
5 August 12, 2024 Lathrop City Council Regular Meeting Agenda Page 5

1.2.12 CONFERENCE WITH REAL PROPERTY NEGOTIATOR: Pursuant to Government Code Section: 54956.8
Address: APN 196-020-040, 134 Roth Rd, Lathrop CA
Agency Negotiator: Stephen J. Salvatore, City Manager
Negotiating Parties: Inderpal Pal; Romo / Thompson
Under Negotiation: Price and Terms of Purchase

1.2.13 CONFERENCE WITH REAL PROPERTY NEGOTIATOR: Pursuant to Government Code Section: 54956.8
Address: APN 196-020-110, 11525 S. Harlan Rd, Lathrop CA Agency Negotiator: Stephen J. Salvatore, City Manager
Negotiating Parties: J & D Cadell Family Trust
Under Negotiation: Price and Terms of Purchase

1.2.14 CONFERENCE WITH REAL PROPERTY NEGOTIATOR: Pursuant to Government Code Section: 54956.8
Address: APN 196-020-050, 11333 S. Harlan Rd, Lathrop CA Agency Negotiator: Stephen J. Salvatore, City Manager
Negotiating Parties: J & D Cadell Family Trust
Under Negotiation: Price and Terms of Purchase

1.2.15 CONFERENCE WITH REAL PROPERTY NEGOTIATOR: Pursuant to Government Code Section: 54956.8
Address: APN 196-020-180, 11265 S. Harlan Rd, Lathrop CA Agency Negotiator: Stephen J. Salvatore, City Manager
Negotiating Parties: J & D Cadell Family Trust
Under Negotiation: Price and Terms of Purchase

1.2.16 CONFERENCE WITH REAL PROPERTY NEGOTIATOR: Pursuant to Government Code Section: 54956.8
Address: APN 196-030-010, 250 Roth Rd, Lathrop CA
Agency Negotiator: Stephen J. Salvatore, City Manager
Negotiating Parties: Schell & Kampeter, Inc. (Diamond Holdings) Under Negotiation: Price and Terms of Purchase

1.2.17 CONFERENCE WITH REAL PROPERTY NEGOTIATOR: Pursuant to Government Code Section: 54956.8
Address: APN 193-330-400, 10998 S. Harlan Rd, Lathrop CA Agency Negotiator: Stephen J. Salvatore, City Manager
Negotiating Parties: Stephen & Darlene Beneto
Under Negotiation: Price and Terms of Purchase

1.2.18 CONFERENCE WITH REAL PROPERTY NEGOTIATOR:

Pursuant to Government Code Section: 54956.8
Address: APN 196-030-020, 342 Roth Rd, Lathrop CA
Agency Negotiator: Stephen J. Salvatore, City Manager
Negotiating Parties: Monier Lifetime, LLC.

Under Negotiation: Price and Terms of Purchase
6 August 12, 2024 Lathrop City Council Regular Meeting Agenda Page 6

RECONVENE

1.2.19 REPORT FROM CLOSED SESSION

1.3 ROLL CALL

1.4 INVOCATION

1.5 PLEDGE OF ALLEGIANCE

1.6 ANNOUNCEMENT(S) BY MAYOR / CITY MANAGER

1.7 INFORMATIONAL ITEM(S) - None

1.8 DECLARATION OF CONFLICT(S) OF INTEREST

2. PRESENTATIONS

2.1 PROCLAMATION DECLARING AUGUST AS NATIONAL BREASTFEEDING

AWARENESS MONTH

2.2 INTRODUCTION OF NEW EMPLOYEES
Police Department
• Brian Hernandez, Police Lieutenant
• Alejandra Maldonado, Police Officer
• Kathryn Gonzalez, Police Officer

3. CITIZEN’S FORUM
Any person desiring to speak on a matter, which is not scheduled on this agenda, may do so under Citizen’s Forum. Please submit a purple speaker card to the City Clerk prior to the commencement of Citizen’s Forum. Only those who have submitted speaker cards, or have expressed an interest to speak, prior to the conclusion of Citizen’s Forum will be called upon to speak. Please be aware the California Government Code prohibits the City Council from taking any immediate action on an item, which does not appear on the agenda, unless the item meets stringent statutory requirements. The City Council can, however, allow its members or staff to briefly (no more than five (5) minutes) respond to statements made, to ask questions for clarification, make a brief announcement or report on his or her own activities. (See California Government Code Section 54954.2(a)). Unless directed otherwise by a majority of the City Council, all questions asked and not answered at the meeting will be responded to in writing within 10 business days. ALL PUBLIC

COMMENTS MUST BE MADE IN COMPLIANCE WITH THE LATHROP CITY COUNCIL HANDBOOK OF RULES AND PROCEDURES!
7 August 12, 2024 Lathrop City Council Regular Meeting Agenda Page 7

4. CONSENT CALENDAR
Items on the Consent Calendar are considered routine by the City Council and will be enacted by one motion and one vote. There will be no separate discussion of these items unless the Mayor, Councilmember, or citizen so requests, in which event the item will be removed from the Consent Calendar and considered separately.

4.1 WAIVING OF READING OF ORDINANCES AND RESOLUTIONS
Waive the Reading in Full of Ordinances and Resolutions on Agenda and Adopt by Reading of Title Only, Unless Otherwise Requested by the Mayor or a Councilmember

4.2 SECOND READING AND ADOPTION OF ORDINANCE 24-459 OF THE CITY

COUNCIL OF THE CITY OF LATHROP AMENDING THE LATHROP ZONING

MAP TO PREZONE THE PROPERTIES IN THE SINGH PETROLEUM
PROJECT AREA (REZ-20-61)
Waive Full Reading and Adopt Ordinance 24-459 Amending the Lathrop Zoning Map to Prezone the Properties in the Singh Petroleum Project Area (REZ-20-61)

4.3 APPROVE WRITE-OFF OF UNCOLLECTIBLE UTILITY AND
MISCELLANEOUS CUSTOMER ACCOUNTS FOR FISCAL YEAR 2023-24 Adopt Resolution to Approve Write-Off of Uncollectible Utility and Miscellaneous Accounts for Fiscal Year (FY) 2023-24

4.4 APPROVE FACILITY FEE WAIVER REQUEST FOR RIVER ISLANDS RIPTIDE

FOOTBALL AND CHEER TO HOST PRACTICES AT THE STEAM ACADEMY FIELD FROM JULY 8, 2024, THROUGH NOVEMBER 15, 2024
Adopt Resolution Approving Facility Fee Waiver Request for River Islands Riptide Football and Cheer for the Use of the STEAM Academy Field from July 8, 2024, through November 15, 2024, to Host Practices

4.5 APPROVE THE PUBLIC BENEFIT GRANT PROGRAM APPLICATION

SUBMITTAL TO THE SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT AND APPROVE THE PURCHASE OF UP TO FIVE (5) PLUG-IN

ELECTRIC HYBRID VEHICLES FROM TOYOTA TOWN OF STOCKTON AND

APPROVE BUDGET AMENDMENT
Adopt Resolution Approving the Public Benefit Grant Program Application Submittal to the San Joaquin Valley Air Pollution Control District, and Approve the Purchase of Five (5) Plug-In Electric Hybrid Vehicles from Toyota Town of Stockton and Approve Budget Amendment

4.6 APPROVE SIDE LETTER OF AGREEMENT WITH LATHROP POLICE

OFFICERS ASSOCIATION
Authorize the Mayor to Execute a Side-Letter of Agreement Updating the Lathrop Police Officer’s Association (LPOA) Memorandum of Understanding to Include Corporal Classification
8 August 12, 2024 Lathrop City Council Regular Meeting Agenda Page 8

4.7 APPROVE AGREEMENT TO PROVIDE LAW ENFORCEMENT SERVICES FOR THE AMERICAN HEART ASSOCIATION'S 209 HEART & STROKE WALK EVENT
Adopt Resolution Approving Agreement to Provide Law Enforcement Services to the American Heart Association for the 209 Heart & Stroke Walk Event on September 21, 2024

4.8 APPROVE OUT OF STATE TRAVEL FOR TWO (2) POLICE DEPARTMENT STAFF TO ATTEND THE 24PET'S SOFTWARE USER CONFERENCE IN SEPTEMBER 2024
Adopt Resolution Approving Out of State Travel for Two (2) Police Department Staff to Attend the 24Pet's Software User Conference 2024 in Las Vegas, Nevada from September 24, 2024 to September 26, 2024

4.9 APPROVE OUT OF STATE TRAVEL FOR TWO (2) LATHROP POLICE DEPARTMENT STAFF AND TWO (2) INFORMATION SYSTEMS

DEPARTMENT (ISD) STAFF TO ATTEND THE RIMSCON CONFERENCE IN OCTOBER 2024
Adopt Resolution Approving Out of State Travel for Two (2) Lathrop Police Department Staff and Two (2) Information Systems Department (ISD) Staff to Attend the RIMSCON 2024 Conference in South Lake Tahoe, Nevada from October 7, 2024 to October 11, 2024 and Approve Related Budget Amendment

4.10 APPROVE REPLACEMENT OF THE SOUTH LATHROP COMMERCE CENTER

BONDS ASSOCIATED WITH THE SUBDIVISION IMPROVEMENT
AGREEMENT FOR PARCEL MAP 17-01
Adopt Resolution Approving Replacement of the South Lathrop Commerce Center Bonds Associated with the Subdivision Improvement Agreement for Parcel Map 17-01

4.11 APPROVE AGREEMENTS WITH EKI ENVIRONMENT & WATER, INC. AND DE NOVO PLANNING GROUP, INC. FOR COMPLETION OF THE

INTEGRATED WATER RESOURCES MASTER PLAN AMENDMENT, CIP PW 22-19 AND CIP WW 22-24, AND APPROVE BUDGET AMENDMENT
Adopt Resolution Approving Professional Service Agreements with EKI Environment & Water, Inc. and De Novo Planning Group for Completion of the Integrated Water Resources Master Plan Amendment and CEQA Compliance, PW 22-19 & CIP WW 22-24, and Approve Budget Amendment

4.12 AWARD ADDITIONAL SCOPE OF WORK TO D.L. FALK CONSTRUCTION FOR POLICE EVIDENCE BUILDING, CIP GG 21-13
Adopt Resolution Awarding Additional Scope of Work to D.L. Falk Construction for Police Evidence Building, CIP GG 21-13 9 August 12, 2024 Lathrop City Council Regular Meeting Agenda Page 9

4.13 AWARD CONSTRUCTION CONTRACT TO CONSOLIDATED
ENGINEERING, INC. FOR CONSTRUCTION OF CIP PS 23-18 MCKINLEY

AVENUE PAVEMENT REHABILITATION, APPROVE BUDGET AMENDMENT,

APPROVE PROGRAM SUPPLEMENT AGREEMENT WITH CALTRANS, AND

AUTHORIZE CITY MANAGER TO EXECUTE THE AGREEMENT
Adopt Resolution to Award a Construction Contract to Consolidated Engineering, Inc. for Construction of CIP PS 23-18 McKinley Avenue Pavement Rehabilitation, to Approve Budget Amendment, to Approve a Program Supplement Agreement with Caltrans, and to Authorize the City Manager to Execute the Agreement

4.14 AWARD THREE (3) MASTER PROFESSIONAL CONSULTING SERVICE AGREEMENTS TO 4LEAF, INC., BPR CONSULTING GROUP, LLC, AND TRB AND ASSOCIATES, INC., AND APPROVE THREE (3) TASK ORDERS FOR

EACH, TO PROVIDE PLAN REVIEW SERVICES, BUILDING INSPECTION

SERVICES, AND PERMITTING STAFF SERVICES TO THE BUILDING

DEPARTMENT
Adopt Resolution Awarding Three (3) Master Professional Consulting Service Agreements to 4LEAF, Inc., BPR Consulting Group, LLC, and TRB and Associates, Inc., Approve Three (3) Task Orders for Each, to Provide Plan Review Services, Building Inspection Services, and Permitting Staff Services to the Building Department

4.15 AWARD FLEET MAINTENANCE AND REPAIR SERVICES CONTRACT TO MANTECA FORD-MERCURY, INC., FOR MAINTENANCE AND REPAIR OF

CITY FLEET
Adopt Resolution Awarding a Fleet Maintenance and Repair Services Contract to Manteca Ford-Mercury, Inc., for Maintenance and Repair of City Fleet

4.16 CREATE CIP PS 25-05, LATHROP HIGH SCHOOL PEDESTRIAN SIGNAL,

APPROVE PROFESSIONAL SERVICES AGREEMENT WITH TJKM TO
PROVIDE DESIGN SERVICES ASSOCIATED WITH CIP PS 25-05, AND

APPROVE BUDGET AMENDMENT
Adopt Resolution Creating CIP PS 25-05, Lathrop High School Pedestrian Signal, Approving a Professional Services Agreement with TJKM to Provide Design Services Associated with CIP PS 25-05, and Approving Budget Amendment

RIVER ISLANDS DEVELOPMENT CONSENT ITEM(S)

4.17 APPROVE AGREEMENT TO PROVIDE LAW ENFORCEMENT SERVICES FOR

THE ANNUAL PUMPKIN MAZE EVENT AT DELL'OSSO FARMS
Adopt Resolution Approving Agreement to Provide Law Enforcement Services to Dell'Osso Farms, LLC, for the Annual Pumpkin Maze Event on October 4, 2024 through October 31, 2024
10 August 12, 2024 Lathrop City Council Regular Meeting Agenda Page 10

4.18 APPROVE FIBER OPTIC COMMUNICATION INFRASTRUCTURE

CONSTRUCTION, OPERATION, AND MAINTENANCE AGREEMENT WITH

RIVER ISLANDS DEVELOPMENT, LLC
Adopt Resolution Approving a Fiber Optic Communication Infrastructure Construction, Operation, and Maintenance Agreement with River Islands Development, LLC

4.19 APPROVE FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR 55 LOTS IN TRACT 4189 VILLAGE 41, UNIT 2 WITHIN LAKE

HARBOR WEST DISTRICT OF RIVER ISLANDS
Adopt Resolution Approving Final Map for Tract 4189 Village 41, Unit 2 within the Lake Harbor West District, Totaling 55 Residential Lots and a Subdivision Improvement Agreement with River Islands Development Area 1, LLC

4.20 APPROVE FINAL MAP, CFD ANNEXATION, AND SUBDIVISION IMPROVEMENT AGREEMENT FOR 50 LOTS IN TRACT 4221 UNIT 2

WITHIN WEST VILLAGE DISTRICT OF RIVER ISLANDS
Adopt Resolution Approving Final Map for Tract 4221 Unit 2 within the West Village District, Totaling 50 Single Family Lots, Annexation into CFD 2023-1, and a Subdivision Improvement Agreement with River Islands Development Area 1, LLC

4.21 APPROVE FINAL MAP, CFD ANNEXATION, AND SUBDIVISION IMPROVEMENT AGREEMENT FOR 80 LOTS IN TRACT 4226 VILLAGE 5, UNIT 1 WITHIN WOODLANDS EAST DISTRICT OF RIVER ISLANDS
Adopt Resolution Approving Final Map for Tract 4226 Village 5, Unit 1 within the Woodlands East District, Totaling 80 Residential Lots, Annexation into CFD 2023-1, and a Subdivision Improvement Agreement with River Islands Development Area 3, LLC and Califia, LLC

4.22 APPROVE FINAL MAP, CFD ANNEXATION, AND SUBDIVISION IMPROVEMENT AGREEMENT FOR 89 LOTS IN TRACT 4223 VILLAGE 6 UNIT 1 WITHIN WOODLANDS EAST DISTRICT OF RIVER ISLANDS
Adopt Resolution Approving Final Map for Tract 4223 Village 6 Unit 1 within the Woodlands East District, Totaling 89 Single Family Lots, Annexation into CFD 2023-1, and a Subdivision Improvement Agreement with River Islands Development Area 3, LLC

4.23 APPROVE LARGE LOT FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR 8 UNDEVELOPABLE PARCELS IN TRACT 4235 WITHIN

THE WEST VILLAGE DISTRICT OF RIVER ISLANDS
Adopt Resolution Approving a Large Lot Final Map for Tract 4235 within the West Village District, Totaling 8 Undevelopable Parcels, and Subdivision Improvement Agreement with River Islands Development Area 1, LLC
11 August 12, 2024 Lathrop City Council Regular Meeting Agenda Page 11

4.24 AWARD CONSTRUCTION CONTRACT TO GSE CONSTRUCTION
COMPANY, INC. FOR CONSTRUCTION OF CIP WW 22-38, CTF PHASE 3

EXPANSION, APPROVE BUDGET AMENDMENT, AND APPROVE UPDATED

FUNDING AGREEMENT WITH RIVER ISLANDS DEVELOPMENT, LLC
Adopt Resolution Awarding a Construction Contract to GSE Construction Company, Inc. for CIP WW 22-38, CTF Phase 3 Expansion, Approve Budget Amendment, and Approve Updated Funding Agreement with River Islands Development, LLC

5. SCHEDULED ITEMS

5.1 APPOINTMENT OF VOTING DELEGATE & ALTERNATE FOR THE 2024

LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE
Approve Appointment of the City’s Voting Delegate and Alternate for the 2024 League of California Cities Annual Conference, October 16-18, 2024, at the Long Beach Convention Center

6. COUNCIL COMMUNICATIONS

6.1 MAYOR DHALIWAL REFERRAL – Set Application Deadline for One (1) Member to the San Joaquin County Mosquito & Vector Control District Board of Trustees, with Term Ending December 31, 2024, due to Unexpired Term Vacancy, In Addition to a Full Term of Four (4) Years, ending December 31, 2029

6.2 MAYOR DHALIWAL REFERRAL - Discussion Regarding the Installation of a Shade Structure on the South Side of Sangalang Park

6.3 MAYOR DHALIWAL REFERRAL - Discussion Regarding Boat Parking on Residential Driveways on a Case-By-Case Basis

6.4 VICE MAYOR DIALLO REFERRAL - Discussion Regarding Fire Stations Serving As Safe Houses For Domestic Violence Victims

6.5 MAYOR & COUNCILMEMBER COMMITTEE REPORT(S)
• Ava Community Energy (Diallo/Torres-O’Callaghan)
• Central Valley Executive Committee/LOCC (Akinjo/Diallo) • Council of Governments (Dhaliwal/Diallo)
• Integrated Waste Management Solid Waste Division (Akinjo/Torres-O’Callaghan) • Local Agency Formation Commission (LAFCo) (Diallo)
• Reclamation District 17 Joint Powers Authority (Salvatore) • San Joaquin Partnership Board of Directors (Salvatore) • San Joaquin County Commission on Aging (Vacancy)
• San Joaquin Valley Air Pollution Control District (Akinjo/Dhaliwal) • Water Advisory Board (Torres-O’Callaghan/Lazard)
• Tri Valley-San Joaquin Valley Regional Rail Authority (Akinjo) • San Joaquin Area Flood Control Agency (Akinjo/Lazard/Torres-O’Callaghan) 12 August 12, 2024 Lathrop City Council Regular Meeting Agenda Page 12

6.6 MAYOR & COUNCILMEMBER COMMENT(S)

7. ADJOURNMENT
/Teresa Vargas/
Teresa Vargas, MMC
Government Services Director
City Clerk
13 PAGE LEFT

INTENTIONALLY
BLANK
14 ITEM 4. 2

CITY MANAGER' SREPORT
AUGUST 12, 2024 CITY COUNCIL REGULAR MEETING
ITEM: SECOND READING AND ADOPTION OF ORDINANCE
24- 459 OF THE CITY COUNCIL OF THE CITY OF

LATHROP AMENDING THE LATHROP ZONING MAP TO

PREZONE THE PROPERTIES IN THE SINGH
PETROLEUM PROJECT AREA ( REZ- 20- 61)
RECOMMENDATION: Waive Full Reading and Adopt Ordinance 24- 459 Amending the Lathrop Zoning Map to Prezone the
Properties in the Singh Petroleum Project Area ( REZ20- 61) RECOMMENDED ACTION:

The City Council to conduct a second reading and adopt Ordinance 24- 459 entitled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LATHROP AMENDING THE

LATHROP ZONING MAP TO PREZONE THE PROPERTIES IN THE SINGH PETROLEUM PROJECT AREA ( REZ- 20- 61)
SUMMARY:

On July 8, 2024, the City Council approved the introduction and first reading of the subject Ordinance by the following vote:

AYES: Lazard, Torres -O' Callaghan, and Akinjo
NOES: None
ABSTAIN: None
ABSENT: Diallo and Dhaliwal
The Ordinance will take effect 30 days after adoption.

SUBMITTED BY:
10t/
eresa Vargas, Ci (7 Ierk Date
15 ORDINANCE NO. 24- 459

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LATHROP

AMENDING THE LATHROP ZONING MAP TO PREZONE THE PROPERTIES IN THE SINGH PETROLEUM PROJECT AREA ( REZ- 20- 61)
WHEREAS, the Singh Petroleum Project includes General Plan Amendment No. GPA- 20- 60, Pre - Zone No. REZ- 20- 61, Conditional Use Permit No. CUP -20- 62, Site Plan Review No. SPR- 20- 63, and Annexation No. ANX- 20- 64; and WHEREAS, the proposed project includes the development of regional travel serving uses constructed in 2 phases consisting of gas and diesel facilities for passenger and commercial vehicles, a 16, 668 sq. ft. travel center building that includes a convenience market, driver amenities, and 2 Quick Service Restaurants QSR) with 1 drive -through, a 13, 846 sq. ft. 4 -bay full service truck and automobile repair facility, and off- street parking for motorists and commercial truck operators on a combined 19. 63 -acre project site; and
WHEREAS, the properties are located at 169 W. Manila Road and 11296 S.

Manthey Road ( APNs: 191- 250- 06 and 191- 250- 14, respectively); and WHEREAS, the Singh Petroleum Project requires an amendment to the Lathrop Zoning Map in order to be consistent with and to implement the Lathrop General Plan; and
WHEREAS, before approval of the Ordinance, the City Council independently reviewed and considered all written evidence and oral testimony presented to date, including the Environmental Impact Report ( consisting of the DEIR and FEIR) prepared for the Singh Petroleum Project and associated entitlements, City staff reports and all information received at the duly noticed public hearings; all of these documents and evidence of which are incorporated herein by reference; and WHEREAS, before approval of the Ordinance, the City Council reviewed and considered the information contained in the FEIR for the Singh Petroleum Project SCH # 2022120596), and finds that the mitigation measures identified in the FEIR have been imposed on and incorporated in the Singh Petroleum Project which serve to mitigate or avoid the significant environmental effects, that certain mitigation measures are within the responsibility and jurisdiction of another public agency and such change can and should be adopted by such other agency, and that social, economic, and other benefits outweigh the environmental impacts that cannot be fully mitigated; and
WHEREAS, before approval of the Ordinance, the City Council adopted a Resolution Certifying the Final Environmental Impact Report ( Final EIR) ( SCH 2022120596), CEQA Findings of Fact, Statement of Overriding Considerations and Mitigation Measures/ Monitoring Plan for the Singh Petroleum Project in accordance with the California Environmental Quality Act ( CEQA); and Ordinance No. 24- 459
16 WHEREAS, the City of Lathrop Planning Commission held a duly noticed public hearing on May 15, 2024, to consider the PreZone and after reviewing and considering all information provided and submitted, and after taking and considering all public testimony adopted Resolution No. 24- 8, recommending the City Council approval of the proposed Ordinance; and
WHEREAS, the City Council finds that the pre -zoning of the project site to Highway Commercial ( CH) Zoning classification is consistent with the Lathrop General Plan Land Use Designation of Freeway Commercial ( FC); and WHEREAS, proper notice of this public hearing was given in all respects as required by law including the publishing of a legal notice of the hearing in the Manteca Bulletin on or about June 25, 2024, mailed the public notice to notify property owners located within a 300 -foot radius from the project site boundary, emailed the City' s
Public Hearing subscribers and interested parties and posted at three locations accessible to the public and the City website; and WHEREAS, the City Council has utilized its own independent judgement in adopting this Ordinance.

NOW, THEREFORE, BE RESOLVED that the City Council of the City of Lathrop based on substantial evidence in the administrative record of proceedings and pursuant to its own independent review and consideration, hereby approves the Zoning Map Amendments, as shown in Attachment 11 of the City Council Staff Report and incorporated by reference herein.

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

Section 1. This Ordinance incorporates, and by this reference makes part hereof, that certain Zoning Map Amendments, as shown in Attachment 11 of the City Council Staff Report, relative to the proposed development of the Singh Petroleum Project.

Section 2. Zoning Amendment Findings. Pursuant to Chapter 17.24 of the City of Lathrop Municipal Code, the City Council finds and determines as follows:

1. The proposed pre -zoning of the project site to the Highway Commercial ( CH) Zoning classification is consistent with the objectives, policies, principles, standards and general land use as specified in the City' s
General Plan, as amended by the Singh Petroleum Project General Plan Amendment. The proposed pre -zoning for the Singh Petroleum Project to provide zoning standards to allow for urban development consistent with the Freeway Commercial ( FC) General Plan Land Use Designation.

Ordinance No. 24- 459
17 2. The proposed pre -zoning of the project site to the Highway Commercial ( CH) Zoning classification is consistent with the purpose and objectives of the City of Lathrop zoning ordinance because 1) the amendment provides a zoning classification that guides development of highway commercial uses, of which the Singh Petroleum Project is consistent with and consistent with the Lathrop General Plan; 2) it fosters the wholesome, serviceable and attractive living environment; 3) prevents excessive population densities and overcrowding of land with structures; 4) promotes safe, effective traffic circulation and adequate off- street parking and loading facilities; 5) promotes appropriately located commercial activities in order to preserve and strengthen the city' s economic base; 6) enhance real property values and the city' s natural assets; 7) ensure unimpeded development of such new urban expansion that is logical, desirable and in conformance with the objectives and policies of the General Plan; and 8) provides and protects open space in accordance with the policies of the General Plan.

Section 3. Upon adoption by the City Council, the Community Development Director is hereby directed to retain said Lathrop Zoning Map, as modified by the proposed related Amendments, on permanent public display in the Community Development Department, Planning Division in the City of Lathrop.

Section 4. Based on the set forth in this Ordinance, the CEQA Resolution, and evidence in the Staff Report, the City Council hereby approves the proposed Ordinance implementing the suggested amendment to the Lathrop Zoning Map.

This document shall be substantially in the form on file with the City Clerk.

Section 5. This Ordinance is not intended to and shall not be construed or given effect in the manner that imposes upon the city or any officer or employee thereof a mandatory duty of care toward persons and property within or without the city so as to provide a basis for civil liability for damages, except as otherwise imposed by law.

Section 6. Severability. If any section, subsequent subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise invalid, such a decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance irrespective of the unconstitutionality or invalidity of any section, subsection, subdivision, paragraph, sentence, clause or phrase.

Section 7. Effective Date. This Ordinance shall take legal effect 30 days from and after the date of its passage.

Section 8. Publication. Within fifteen days of the adoption of this Ordinance, the City Clerk shall cause a copy of this Ordinance to be published in full accordance with Section 36933 of the Government Code.

Ordinance No. 24- 459
18 THIS ORDINANCE was regularly introduced at a meeting of the City Council of the City of Lathrop on the 8th day of July 2024, and was PASSED AND ADOPTED at a regular meeting of the City Council of the City of Lathrop on , 2024 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney Ordinance No. 24- 459
19 PAGE LEFT

INTENTIONALLY
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20 ITEM 4. 3

CITY MANAGER' SREPORT
AUGUST 12, 2024 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE WRITE- OFF OF UNCOLLECTIBLE UTILITY

AND MISCELLANEOUS CUSTOMER ACCOUNTS FOR
FISCAL YEAR 2023/4
RECOMMENDATION: Adopt Resolution to Approve Write - Off of Uncollectible Utility and Miscellaneous Accounts for
Fiscal Year ( FY) 2023/4
SUMMARY:

Generally Accepted Accounting Principles ( GAAP) and Governmental Accounting Standards Board ( GASB) require municipalities to evaluate and write- off delinquent accounts that are deemed uncollectible. As part of the annual audit process and in compliance with both GAAP and GASB requirements, the Finance Department has reviewed unpaid delinquent accounts assigned to collections. After a thorough review,
staff has determined $ 120, 790 to be uncollectible for FY 2023/4as detailed in Table 1 below:

Table 1.

Customer Account Type
FY 2022/3
Approved
Write - Offs
FY 2023/4
Recommended
Write -Offs
Increase/
Decrease)
No. of
Accounts to
be Written -Off
Utility Customers
Residential and Commercial) 180, 434 120, 620 33. 15%) 226 Miscellaneous Customers 13, 041 170 98. 40%) 3
Totals 193, 475 120, 790 229
The recommended utility write- offs represent 0.55% of the annual water and sewer charges billed to customers in FY 2023/4. The utility debt includes amounts from customers who have closed their account with the City without settling their final bills. The utility write- off amount in FY 2023/4 has decreased by $ 60, 000 or

33. 15%, from the prior fiscal year.

The recommended miscellaneous write- off amount of $ 170 include charges rendered by Animal Services. These charges include animal impound, emergency call costs, veterinary costs, and shelter fees.

Although these accounts will reflect as " written off" in the City' s financial system, additional collection measures are in place to seek repayment. For instance, the collection agency will continue to pursue repayment efforts on these accounts and forward any recovered payments to the City.

Tonight, Staff is requesting Council' s
approval to write- off $120, 790 of uncollectible
utility and miscellaneous charges.
21 CITY MANAGER' SREPORT PAGE 2
AUGUST 12, 2024 CITY COUNCIL REGULAR MEETING

UNCOLLECTIBLE UTILITY AND MISCELLANEOUS CUSTOMER ACCOUNTS BACKGROUND:

On May 19, 1998, the City Council of the City of Lathrop adopted Resolution 98- 664 regarding the approval and implementation of a revenue collection policy. On October 18, 2010, Council authorized the execution of an agreement with Golden State Collections, LLC.

The collection policy was established to help decrease the number of delinquent accounts ( 60- 90 days). After unsuccessful collection attempts by City staff, the policy allows City staff to refer customers' accounts that remain unpaid for 60- 90 days to the collection agency for collection proceedings. The collection agency operates on a commission - based structure. Their fee is 30% of the total amount collected.

Currently, there are two types of customer accounts referred to the collection agency:
utility and miscellaneous customer accounts. The utility customer accounts include charges for water and wastewater who have closed their account with the City without paying their final bill. Miscellaneous customer accounts include charges rendered by:

Finance, Animal Control, Community Development, Police, Parks & Recreation, and Public Works. Charges include animal impound, unpaid business license and programming fees, court ordered restitution, materials/ equipment, and checks returned for insufficient funds.

Utility Customer Accounts
During FY 2023/4, Golden State Collections, LLC, received claims for further collection processed on 226 delinquent utility customer accounts totaling $ 120, 620.

Of the $ 120, 620 assigned to Golden State Collections, LLC, the agency recovered 927 from 9 customer accounts recorded on the current and prior year claims. This represents a 0. 77% recovery rate from the total amount referred ( see Table 2).

Table 2.
ility Customer Accounts FY 2021/2 FY 2022/3 FY 2023/4
Total Utility Customers 9, 379 9, 895 10, 528
Accounts Sent to Collection Agency 16 198 226
Amount Assigned to Collection Agency 56, 601 184, 313 120, 620 Amount Recovered by Collection Agency 1,10 4, 658 927
Recovery Rate 1. 96% 2. 52% 0. 77%
Total Write -Offs 56, 601 184, 313 120, 620
22 CITY MANAGER' SREPORT PAGE 3
AUGUST 12, 2024 CITY COUNCIL REGULAR MEETING

UNCOLLECTIBLE UTILITY AND MISCELLANEOUS CUSTOMER ACCOUNTS The utility write - o0 amount in FY 2023/4has decreased by $ 60, 000 or 33. 15%. Of the 226 utility customer accounts, there are 85 residential accounts with past due balances of $ 500 or more. These accounts total approximately $ 103 thousand and makes up for 85. 06% of the overall utility write off amount. Most of the high balances were accumulated during the COVID- 19pandemic.

In May 2024, the City received a second round of funding from the State Water Resources Control Board ( SWRCB) amounting to $ 158, 000 to assist residential and commercial customers with utility debt incurred due to the COVID- 19 pandemic.

Residential and commercial customers with outstanding balances were conditionally eligible to have credits applied to their utility account. These credits were posted to all eligible active and inactive accounts. Without the additional SWRCB funding, the recommended write off amount of $ 120, 620 for utility customers would have been significantly higher.

Staff will continue to re -enforce current programs that offers payment assistance, such as extending payment due date or granting payment arrangement to utility customers carrying past due balances. In addition, the Finance Department conducts a review of all new customers prior to establishing service to ensure there are no outstanding balances.

Miscellaneous Customer Accounts
Miscellaneous customer accounts referred to collections for FY 2023/4 totaled $ 170 from 3 accounts related to Animal Services, as summarize in Table 3. Animal Services billings included emergency call costs, veterinary costs, impoundment, and shelter fees.

Table 3.

Miscellaneous
Customer Accounts
Animal
Services
Public
Works
Parks &
Rec Misc. FY 2023/4
Accounts Sent to Collection
Agency
3 0 0 0 3
Amount Assigned to Collection
Agency
170 0 0 0 170
Amount Recovered by Collection
Agency
70 0 0 0 70
Total Write- offs 170
23 CITY MANAGER' SREPORT PAGE 4
AUGUST 12, 2024 CITY COUNCIL REGULAR MEETING

UNCOLLECTIBLE UTILITY AND MISCELLANEOUS CUSTOMER ACCOUNTS REASON FOR RECOMMENDATION:

The Finance Department has conducted a thorough review of the utility and miscellaneous customer accounts and recommends $ 120, 790 to be considered uncollectible. By approving the recommended write off amounts, the City is not forgiving the outstanding balances but is acknowledging that payment is not expected to be received.

FISCAL IMPACT:

Decrease customer' soutstanding balances due to uncollectible debt as follows:

Utility customer accounts:

Miscellaneous customer accounts:

Total amount of uncollectible accounts:

ATTACHMENTS:
120, 620
170
120, 790
A. Resolution to Approve Write -Off of Uncollectible Utility and Miscellaneous Accounts for Fiscal Year ( FY) 2023/4
24 CITY MANAGER' SREPORT PAGE 5
AUGUST 12, 2024 CITY COUNCIL REGULAR MEETING

UNCOLLECTIBLE UTILITY AND MISCELLANEOUS CUSTOMER ACCOUNTS APPROVALS:

Chia Lor
Senior Accountant
Cari Jame
Director o ' inance
Salvador Navarrete
City Attorney
Date
ghlay
Date
5 -1 --
Date
1) %S / ZctA- j
Thomas Hedegard Date
Deputy City Manager
Stephen J. Salvatore Date
City Manager
25 RESOLUTION NO. 24-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP

APPROVING THE WRITE- OFF OF UNCOLLECTIBLE UTILITY AND
MISCELLANEOUS CUSTOMER ACCOUNTS FOR FISCAL YEAR 2023/4
WHEREAS, Generally Accepted Accounting Principles ( GAAP) and Governmental Accounting Standards Board ( GASB) require municipalities to evaluate and write- off delinquent accounts that are deemed uncollectible; and WHEREAS, as part of the annual audit process and in compliance with both GAAP and GASB requirements, the Finance Department has reviewed unpaid delinquent accounts assigned to collections; and
WHEREAS, after a thorough review, staff has determined $ 120, 790 to be uncollectible for FY 2023/4as detailed in Table 1 below; and Table 1.

Customer Account Type
FY 2022/3
Approved
Write -Offs
FY 2023/4
Recommended
Write - Offs
Increase/
Decrease)
No. of
Accounts to
be Written - Off
Utility Customers
Residential and Commercial) 180, 434 120, 620 33. 15%) 226 Miscellaneous Customers 13, 041 170 98. 40%) 3
Totals 193, 475 120, 790 229
WHEREAS, the recommended utility write- offs represent 0. 55% of the annual water and sewer charges billed to customers in FY 2023/4. The utility debt includes amounts from customers who have closed their account with the City without settling their final bills. The utility write- off amount in FY 2023/4 has decreased by $ 60, 000 or 33. 15%, from the prior fiscal year; and
WHEREAS, the recommended miscellaneous write- off amount of $ 170 include charges rendered by Animal Services. These charges include animal impound, emergency call costs, veterinary costs, and shelter fees; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lathrop approves the write- off of uncollectible accounts in the amount of $ 120, 620 in Utility Customers and $ 170 in Miscellaneous Customers for Fiscal Year 2023/4.

26 The foregoing resolution was passed and adopted this 12th day of August, 2024, by the following vote of the City Council, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney

27 PAGE LEFT

INTENTIONALLY
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28 ITEM 4.

CITY MANAGER' S REPORT
AUGUST 12, 2024 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE FACILITY FEE WAIVER REQUEST FOR

RIVER ISLANDS RIPTIDE FOOTBALL AND

CHEER TO HOST PRACTICES AT THE STEAM
ACADEMY FIELD FROM JULY 8, 2024,
THROUGH NOVEMBER 15, 2024
RECOMMENDATION: Adopt Resolution Approving Facility Fee Waiver Request for River Islands Riptide Football and
Cheer for the Use of the STEAM Academy Field
from July 8, 2024, through November 15,
2024, to Host Practices
SUMMARY:

River Islands Riptide Football and Cheer submitted a facility Fee Waiver request for the use of the STEAM Academy field for July 8, 2024 through November 15, 2024 to host football and cheerleading practices from 5: 00 p. m. to 8: 30 p. m. in accordance with Lathrop Municipal Code 12. 20 Parks. Staff requests City Council review and consider adoption of a resolution approving the facility Fee Waiver request from River Islands Riptide Football and Cheer for their use of the STEAM Academy field in accordance with the City of Lathrop Fee Waiver Policy.

The Parks and Recreation Commission typically reviews and makes recommendations on approving Fee Waiver requests; however, the August 1, 2024, meeting was canceled. In order to move forward with this Fee Waiver request, staff reviewed the request, and recommends Council approval, as it meets the requirements of the Fee Waiver Policy and the use of the facility is of public benefit, de minimis in nature and not subsidized from other facility fees. Staff requests that the Council consider approval of the proposed resolution for the Fee Waiver requested by River Islands Riptide Football and Cheer.

BACKGROUND:

Staff received a request for a fee waiver that meets the requirements of the Fee Waiver Policy, from a local organization for the use of a City facility to support their activities. River Islands Riptide Football and Cheer is a local non- profit engaged in providing youth an opportunity to learn responsibility and teamwork through football and cheerleading. River Islands Riptide Football and Cheer submitted a Facility Fee Waiver for the use of the STEAM Academy field for July 8, 2024 through November 15, 2024 to host football and cheerleading practices from 5: 00 p. m. to 8: 30 p. m. in accordance with Lathrop Municipal Code 12. 20. 010 Q: To loiter or remain in any park including the parking areas) while not using the park areas or to loiter or remain in any park outside of operating hours, which are six a. m. to eight -thirty p. m. April through September; and six a. m. to six p. m. October through March; unless otherwise permitted by the city; in the amount of $ 19, 459. 22 which includes both 29 CITY MANAGER' SREPORT
AUGUST 12, 2024 CITY COUNCIL REGULAR MEETING

RIPTIDE FEE WAIVER
PAGE 2
otherwise permitted by the city; in the amount of $ 19, 459. 22 which includes both the cost of the facility and staffing.

RECOMMENDATION:

Staff recommends Council find the requested waiver provides a public benefit to the community and the amount of the request is de minimis in nature and not subsidized from other facility fees and approve the Facility Fee Waiver requested by River Islands Riptide Football and Cheer.

FISCAL IMPACT:

The fees associated with the facility fee waiver request total $ 19, 459. 22.

ATTACHMENTS:

A. A Resolution Approving a Facility Fee Waiver Request from River Islands Riptide Football and Cheer for the Use of STEAM Academy Field to Host Football and Cheer Practices Totaling $ 19, 459. 22
B. Fee Waiver Calculations
30 CITY MANAGER' S REPORT
AUGUST 12, 2024 CITY COUNCIL REGULAR MEETING

RIPTIDE FEE WAIVER
APPROVALS:

PAGE 3

1.. tiS•
Todd Sebastian Date
Director of Parks, Recreation and Fleet
Cari James
Director a, Finance
7/ z5/ 20_
Date
Salvador Navarrete Date
City Attorney
1 7Zt'fi o ? /
Thomas Hedegard Date
Deputy City Manager

7. 25• Zozi
Michael King Date
Assistant City Manager

8.S. 24 -
Stephen J. Salvatore Date
City Manager
31 RESOLUTION NO. 24 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP

APPROVING A FACILITY FEE WAIVER REQUEST FROM RIVER ISLANDS

RIPTIDE FOOTBALL AND CHEER FOR USE OF STEAM ACADEMY FIELD TO HOST FOOTBALL AND CHEER PRACTICE TOTALING $ 19, 459. 22 WHEREAS, the City received a Facility Fee Waiver request from River Islands Riptide Football and Cheer in accordance with the City of Lathrop Fee Waiver Policy; and
WHEREAS, River Islands Riptide Football and Cheer submitted a facility fee waiver request for the use of STEAM Academy Field from July 8, 2024, through November 15, 2024 to host football and cheer practices; and WHEREAS, the Parks and Recreation Commission typically reviews and makes recommendations on approving Fee Waiver requests; however, the submission came in after the last Parks and Recreation Commission meeting and the August 1, 2024 meeting was canceled.

WHEREAS, in order to move forward with this Fee Waiver request, staff reviewed the set in the Fee Waiver Policy and is of public benefit, de minimis in nature and not subsidized from other facility fees; and
WHEREAS, the City Council finds that this request provides a public benefit to the community, that the amount of the request is de minimis in nature and not subsidized from other facility fees.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lathrop does hereby find the request to be of public benefit, de minimis in nature and not subsidized from other facility fees, and does hereby approve the Facility Fee Waiver for River Islands Riptide Football and Cheer for the use of STEAM Academy Field in the amount of $ 19, 459. 22.
32 The foregoing resolution was passed and adopted this 12th day of August 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 33 iptide
he
alculatio Fee
Re quefo
itie
Mo
Ra
EAM
adamy
4 ays
Oct
1 -
ov
5 eekdays
ractice
4hrs/ 7days
s
6, 750. 00
Discount
30%
s (
8, 325. 00)
TOTAL
19, 425. 00
City
of
La
throp
Staffing
Calculation
Fee
s
for
2024
Request
Staff Time
Associat ed
with
Fee
Waiver
Request
Event
Title
Hourly
Rate
Hrs
R.
std
Administrative
1 34. 22
34 .
22 34. 22
TOTAL

34. 22
19, 459. 22
34 ITEM 4. 5

CITY MANAGER' S REPORT
AUGUST 12, 2024 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE THE PUBLIC BENEFIT GRANT PROGRAM

APPLICATION SUBMITTAL TO THE SAN JOAQUIN

VALLEY AIR POLLUTION CONTROL DISTRICT AND
APPROVE THE PURCHASE OF UP TO FIVE ( 5) PLUGIN ELECTRIC HYBRID VEHICLES FROM TOYOTA

TOWN OF STOCKTON AND APPROVE BUDGET

AMENDMENT
RECOMMENDATION: Adopt a Resolution Approving the Public Benefit Grant Program Application Submittal to the San
Joaquin Valley Air Pollution Control District and
Approve the Purchase of Five ( 5) Plug -In Electric
Hybrid Vehicles from Toyota Town of Stockton and
Approve Budget Amendment
SUMMARY:

The San Joaquin Valley Air Pollution Control District ( SJVAPCD) is currently accepting applications from public agencies requesting funding, up to $20, 000 per vehicle, with a limit of $ 100, 00 per agency, for the purchase of new alternative -fuel vehicles. As part of the Public Benefit Grant Program application process, a signed resolution from the City Council, authorizing the submittal of the application and identifying the individual authorized to implement the new vehicle project is required.

Staff has completed the public benefit grant program new alternative fuel vehicle purchase application with SJVAPCD to support the purchase of up to five ( 5) new alternative fuel vehicles ( specifically, plug- inelectric hybrid vehicles). As part of the application requirements, reimbursement takes place after the new vehicle is purchased and all the required documents, as specified in the Public Benefit Grant Program Payment Procedures, are submitted to the SJVAPCD.

The public benefit grant program for new alternative fuel vehicle purchase provides a list of eligible vehicles for purchase. Staff identified the Toyota RAV4 Prime as the vehicle that best fits the needs of this application. Staff has requested quotes from regional Toyota Dealerships that would meet the specifications of the SJVAPCD grant. The request for quotes includes the total purchase price of Toyota RAV4 Prime, including tax, licensing, and fees. Toyota Town of Stockton provided the lowest quote of $ 54, 625. 3 per vehicle. Based off the five ( 5) vehicles, the total amount is 273, 126. 75. The total vehicle cost will be offset $ 20, 000 per vehicle with the grant maximum of $ 100, 00, and if awarded, would be a net cost to the City of $ 173,27. If the grant is not awarded, the City will only proceed with the purchase of two ( 2) vehicles at the price of $ 109, 251. 35 CITY MANAGER' SREPORT PAGE 2
AUGUST 12, 2024 CITY COUNCIL REGULAR MEETING

APPROVE THE PUBLIC BENEFIT GRANT PROGRAM APPLICATION

SUBMITTAL TO THE SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT AND APPROVE THE PURCHASE OF UP TO FIVE ( 5) PLUG- IN

ELECTRIC HYBRID VEHICLES FROM TOYOTA TOWN OF STOCKTON
BACKGROUND:

SJVAPCD provides public agencies funding, up to $ 20, 000 per vehicle, with a limit of 100, 00 per agency, per year, for the purchase of new alternative - fuel vehicles. As part of the SJVAPCD application process, a signed resolution from the City Council, authorizing the submittal of the application and identifying the individual authorized to implement the new vehicle project is required. The cost of direct ownership of a plug- inhybrid vehicle will continue to result in the reduction of expenditures related to costs incurred for City staff -related travel. Approval of the attached Resolution authorizing staff to submit a grant application to the SJVAPCD for the purchase of plug- inelectric hybrid vehicles is an example of government business conducted in an environmentally friendly way. Staff recommends Council approve the attached Resolution authorizing staff to submit a grant application to the SJVAPCD, and if the grant is awarded, approve the purchase of up to five ( 5) plug- in electric hybrid vehicles to support City general business activities. If the grant is not awarded, the City will only purchase two ( 2) of the plug- inelectric hybrid vehicles.

FISCAL IMPACT:

Toyota Town of Stockton provided the lowest quote of $ 54, 625. 3per vehicle. Based off the five ( 5) vehicles, the total amount is $ 273, 127. The total vehicle cost will be offset $ 20, 000 per vehicle with the grant maximum of $ 100, 00. and if awarded, would be a net cost to the City of $ 173,27. If the grant is not awarded, the City will only proceed with the purchase of two ( 2) vehicles at the price of $ 109, 251. The funds to purchase the plug- inelectric hybrid vehicles will come from the equipment replacement reserves.

Decrease Equipment Replacement Reserves Up To
1010- 243- 0000
Increase Expenditures Up To
1010- 3- 05- 40- 0
Increase Revenue Up To
2160- 8- 00- 331- 05-0
ATTACHMENTS:
273, 127
273, 127
100, 00
A. Resolution of the City Council of the City of Lathrop Authorizing the Submittal of a Grant Application to SJVAPCD and Authorize the Purchase of up to Five ( 5) Plug -In Electric Hybrid Vehicles from Toyota Town of Stockton B. San Joaquin Valley Air Pollution Control District Public Benefit Grant Program Application
36 CITY MANAGER' S REPORT PAGE 3
AUGUST 12, 2024 CITY COUNCIL REGULAR MEETING

APPROVE THE PUBLIC BENEFIT GRANT PROGRAM APPLICATION

SUBMITTAL TO THE SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT AND APPROVE THE PURCHASE OF UP TO FIVE ( 5) PLUG- IN

ELECTRIC HYBRID VEHICLES FROM TOYOTA TOWN OF STOCKTON
APPROVALS:

Director of Parks, Recreation, and Fleet
Cari Jarefg
Directohof - ance

31. v'\
Date
gh bogi
Date
Thomas Hedegard Date
Deputy City Manager
Michael King Date
Assistant City Manager
c-/- zntiy
8- l• 2024
7-3/. y
Salvador Navarrete Date
City Attorney
Stephen n. Salvatore
City Manager
Date
37 RESOLUTION NO. 24-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP

AUTHORIZING THE SUBMITTAL OF A GRANT APPLICATION TO SAN JOAQUIN

VALLEY AIR POLLUTION CONTROL DISTRICT AND AUTHORIZE THE PURCHASE OF UP TO FIVE ( 5) PLUG- IN ELECTRIC HYBRID VEHICLES FROM

TOYOTA TOWN OF STOCKTON AND APPROVE BUDGET AMENDMENT
WHEREAS, staff identified a grant with the San Joaquin Valley Air Pollution Control District ( SJVAPCD) to support the purchase of new alternative fuel vehicles specifically plug- inelectric hybrids) under a grant program eligible to public agencies throughout the San Joaquin Valley; and
WHEREAS, as part of the grant requirements, reimbursement will take place after the new vehicles are purchased and all the required documents, as specified in the Public Benefit Grant Program Payment Procedures, are submitted to the SJVAPCD; and
WHEREAS, a maximum of $ 20, 000 in grant funds is available per vehicle on a first come, first serve basis; and
WHEREAS, based on the potential award of the SJVACPD grant funding of 100, 00for the alternative fuel vehicles to offset the overall costs of $ 273, 127the estimated net cost to the City would be $ 173,27; and
WHEREAS, sufficient funds were not allocated in the approved Fiscal Year ( FY) 2024/5budget for the purchase of alternative fuel vehicles. Staff requests Council authorize a budget amendment transferring $ 273, 127 from the Equipment Replacement Reserves to City Hall to fund the purchase and increase revenue in the amount of $100, 00if awarded the grant as detailed below:

Decrease Equipment Replacement Reserves Up To
1010- 243- 0000
Increase Expenditures Up To
1010- 3- 05- 40- 0
Increase Revenue Up To
2160- 8- 00- 331- 05-0
273, 127
273, 127
100, 00
WHEREAS, that the City Council of Lathrop does hereby identify Stephen Salvatore, the City Manager, as the individual authorized to implement the new vehicle project.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby authorize the submittal of a grant application to the San Joaquin Valley Air Pollution Control District for the purchase of up to five ( 5) new alternative Resolution No. 24-
38 fuel vehicles and approve the purchase of five ( 5) vehicles if the grant funds are awarded to the City or two vehicles of the grant funds are not awarded to the City. 39 The foregoing resolution was passed and adopted this 12th day of August, 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 40 SJVAPCD Public Benefit Grants Program
TTCHMENT a n
Please return all completed applications to:

SJVAPCD Strategies and Incentives Department
1990 East Gettysburg Avenue; Fresno, CA 93726- 0244
Applicant Information

1. Public Agency Name ( as it appears on Form W- 9):

City of Lathrop

2. Tax ID:

Taxpayer ID Number ( TIN) 68- 0195186

3. Address:
390 Towne Center Drive

4. City:

Lathrop

5. State:

CA

6. ZIP Code:
95330

7. Mailing Address ( if different from above):

8. City: 9. State: 10. ZIP Code:

11. Have you applied to any other grant programs for any vehicle in this application? No • Yes — Name of Grant Program( s):

San Joaquin Valley

AIR POLLUTION CONTROL DISTRICT

PUBLIC BENEFIT GRANTS PROGRAM
New Alternative Fuel Vehicle Purchase
Application
Primary Contact Information

1. First Name:

Todd

2. Last Name:

Sebastian

3. Title:

Director - Parks, Recreation, and Fleet

4. E - Mail:

5. Phone Number:
tsebastian@ci. lathrop. ca. us
209- 941- 7384

6. Alternate Contact Number:
209- 92- 0364

7. Fax Number:
209- 941- 7449
Contract Signing Authority

1. First Name:

Stephen

2. Last Name:

Salvatore

3. Title:

City Manager
Application
New Vehicle Purchase

Approved March 2013
41 New Vehicle Information- Complete a separate page for each vehicle make/odel

1. Number of Vehicles:

2. Vehicle Type (please select one):

Electric Plug -In Hybrid
Vehicle
Vehicle
lbs.)
CNG, LNG, or LPG
Light -light Duty Vehicle
GVWR < 8, 500 lbs.)
Transport/ Utility Cart
Scooter
Bicycle
Other ( specify):
i Light -Light Duty
GVWR < 8, 500 lbs.)
Light -Medium Duty
GVWR 8, 501- 14, 000
E Other ( specify):

Light -light Duty Vehicle
GVWR < 8, 500 lbs.)
Light -Medium Duty Vehicle
GVWR 8, 501- 14, 000 lbs.)
Transport/ Utility Cart
Other ( specify):

3. Vehicle Make:

Toyota

4. Vehicle Model:

RAV4 Prime

5. Vehicle Model Year:
2024

6. Vehicle GVWR:
5530 lbs.

7. Engine Horsepower/ Kilowatts:
302

8. Fuel Type:

Electric d Plug -In Hybrid a CNG LNG u LPG Other ( specify):

9. Manufacturer' s estimated range for fully charged vehicle ( electric vehicles only):

10. Total Cost of each New Vehicle:
54, 625. 3

11. Total Funding Requested from SJVAPCD ( per vehicle):
100, 00

12. Is there existing charging/ fueling infrastructure in place for the proposed vehicle( s)? 1 Yes No If no, please describe a plan for building infrastructure or gaining access to existing infrastructure:

13. How do you intend to pay for the remaining
Co -funding ( please name source):

Other ( please specify): City Funds
balance of the project after the grant has been applied? New Vehicle Dealer Information

1. Vehicle Dealer Name:

Toyota Town of Stockton

2. Contact / Salesperson Name:

Tung Luong

3. E- mail:

4. 209)
Phone
307- 9917
Number:
tung. long@toyotatown. edealerhub. com

5. Fax Number:

Internal use only
GMS Unit( s):

Application
New Purchase

Approved March 2013 42
New Vehicle Activity Information- Complete a separate page for each vehicle make/odel If applying for multiple vehicles that will be performing different activities, please complete a separate section for each

1. Number of vehicles with same vehicle activity:

Five

2. Use within SJVAPCD boundaries: 3. Use within CA boundaries: 4. Estimated Annual Vehicle Usage per vehicle):

5. Vehicle Vocation/ Use (examples: law enforcement, emergency services, commuting, patrol, pool vehicle, etc.):

Commuting / Pool Vehicles

6. Please mark the reason for purchasing the new vehicle( s):
e Fleet Expansion - Please list the vehicle( s) you would have purchased had you not applied for this grant:

Small SUV' s / Most Likley Fuel Based Chevy or Ford
Vehicle Replacement - Please list the year, make, and model of the vehicle( s) to be replaced:

Other - Please specify:

Internal use only
GMS Unit( s):

Vehicle Activity Information

1. Number of vehicles with same vehicle activity:

2. Use within SJVAPCD boundaries: 3. Use within CA boundaries: 4. Estimated Annual Vehicle Usage per vehicle):

5. Vehicle Vocation/ Use (examples: law enforcement, emergency services, commuting, patrol, pool vehicle, etc.):

6. Please mark the reason for purchasing the new vehicle( s):

Fleet Expansion - Please list the vehicle( s) you would have purchased had you not applied for this grant:

Vehicle Replacement - Please list the year, make, and model of the vehicle( s) to be replaced:

Other - Please specify:

Internal use only
GMS Unit( s):

Application
New Purchase

Approved March 2013
43 Signature Form
Signing Authority to initial and sign in blue ink
Certifications
By initialing each of the following sections, I certify that I have read the Eligibility Criteria and Application Guidelines and agree to ALL of the following terms and conditions:

The new vehicle( s) will be based within the geographic area of the SJVAPCD and seventy- five percent ( 75%) or more of the vehicle miles traveled or fuel consumption will be within the boundaries of the SJVAPCD for at least three ( 3) years from the date the vehicle is placed into Initial service.

The new vehicle( s) will be used by a public agency located within the geographic area of the Initial SJVAPCD.

The vehicle( s) purchased is/ are a new OEM electric, plug- in hybrid, or alternative fuel vehicle( s) Initial eligible for this program in accordance with the program guidelines.

Appropriate fueling or charging infrastructure for the new vehicle( s) is or will be readily available or Initial accessible.

Any funding received, including funding from other sources, combined with this grant will not Initial exceed the full cost of the new vehicle( s).

Additional funding sources, or other financial incentive( s) and funding amounts to be used towards Initial this project are disclosed on the application.

Initial Project match funding is reasonably available to complete the project in a timely manner.

Applicant will not purchase or take delivery of the new vehicle( s) until receiving an executed Initial contract with the SJVAPCD.

Initial SJVAPCD maintains the right to inspect the new vehicle( s) at any time during the contract period.

I hereby certify that all information provided in this application and any attachments are true and correct to the best of my knowledge.

Signing Authority Signature Date
Application
New Purchase

Approved March 2013
44 Application Packet Checklist
When submitting a project for consideration, submit a complete application packet. An incomplete application packet will lengthen the application processing time and delay possible incentive funding. A complete application packet includes the following items:

Completed Application ( Pages 1 thru 3), no required fields blank.

O Completed Signature Form ( Page 4), signed in blue ink.

O First page of IRS Form W- 9.

O Dated and itemized dealer quote for the new vehicle( s).

The quote must provide a breakdown of the total cost of the new vehicle and warranty ( if not included in the purchase price), and include specific vehicle and engine information such as make, model, model year, engine horse power or watts, and vehicle GVWR.

Resolution from the Applicant' s governing body ( i.e. City Council or County Board of Supervisors), or other documentation signed by a duly authorized official with authority to make financial decisions, authorizing the submittal of the application and identifying the individual authorized to implement the new vehicle project.

O If applicable, documentation which demonstrates future availability/ accessibility and specifies the timeframe when infrastructure will be available/ accessible. Only applicants who currently do not have infrastructure, or access to infrastructure, specific to the new vehicle( s) applied for in this project are required to submit this documentation.

Application
New Purchase

45 Approved March 2013
Form
Rev. December2014)
W- 9
Department of the Treasury
Internal Revenue Service
Request for Taxpayer
Identification Number and Certification
Give Form to the
requester. Do not
send to the IRS.

Print
or
type
See
Specific
Instructions
on
page

2. 1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank.

City of Lathrop
2 Business name/ disregarded entity name, if different from above 3 Check appropriate box for federal tax classification; check only one of the following seven boxes: 4 Exemptions certain entities,
instructions
Exempt payee
Exemption
code (if any)
Applies to accounts
codes apply only to
not individuals; see
on page 3):
code ( if any) 2
IndividuaVsole proprietor or M C Corporation S Corporation ii Partnership Trust/ estate single -member LLC
company. Enter the tax classification ( C=corporation, S= corporation, P=partnership) member LLC that is disregarded, do not check LLC; check the appropriate box in of the single -member owner.

I. III Limited liability
Note. For a single
the tax classification
Other ( see instructions)
from FATCA reporting
B
the line above for
maintained outside the U. S.)
5 Address ( number, street, and apt. or suite no.)
390 Towne Center Drive
Requester' s
name and address (optional)
6 City, state, and ZIP code
Lathrop, CA. 95330
7 List account number( s) here ( optional)
Part I Taxpayer Identification Number ( TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number ( SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number ( EIN). If you do not have a number, see How to get a TIN on page 3.

Note. If the account is in more than one name, see the instructions for line 1 and the chart on page 4 for guidelines on whose number to enter.

Social security number
or
Employer identification number
6 8 0 1 9 5 1 8 6
Part II Certification
Under penalties of perjury, I certify that:

1. The number shown on this form is my correct taxpayer identification number ( or I am waiting for a number to be issued to me); and

2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service ( IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and

3. I am a U. S. citizen or other U. S. person ( defined below); and

4. The FATCA code( s) entered on this form ( if any) indicating that I am exempt from FATCA reporting is correct.

Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement ( IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 3.

Sign
Here
Signature of
U. S. person Date
General Instructions
Section references are to the Internal Revenue Code unless otherwise noted.

Future developments. Information about developments affecting Form W- 9 (such as legislation enacted after we release it) is at www. irs. gov/ fw9.

Purpose of Form
An individual or entity (Form W- 9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number ( SSN), individual taxpayer identification number ( ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following:

Form 1099- INT (interest earned or paid)
Form 1099- DIV (dividends, including those from stocks or mutual funds) Form 1099- MISC (various types of income, prizes, awards, or gross proceeds) Form 1099- B (stock or mutual fund sales and certain other transactions by brokers)
Form 1099- S (proceeds from real estate transactions)
Form 1099- K (merchant card and third party network transactions) Form 1098 ( home mortgage interest), 1098- E (student loan interest), 1098- T tuition)
Form 1099- C (canceled debt)
Form 1099- A (acquisition or abandonment of secured property) Use Form W- 9 only if you are a U. S. person ( including a resident alien), to provide your correct TIN.

If you do not return Form W- 9to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding? on page 2.

By signing the filled -out form, you:

1. Certify that the TIN you are giving is correct ( or you are waiting for a number to be issued),

2. Certify that you are not subject to backup withholding, or

3. Claim exemption from backup withholding if you are a U. S. exempt payee. If applicable, you are also certifying that as a U. S. person, your allocable share of any partnership income from a U. S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income, and

4. Certify that FATCA code( s) entered on this form ( if any) indicating that you are exempt from the FATCA reporting, is correct. See What is FATCA reporting? on page 2 for further information.

Cat. No. 10231X Form W- 9 (Rev. 12- 2014)
46 Form W- 9 (Rev. 12- 2014) Page 2
Note. If you are a U. S. person and a
requester gives you a form other than Form
W- 9to request your TIN, you must use the requester' sform if it is substantially similar to this Form W- 9.

Definition of a U. S. person. For federal tax purposes, you are considered a U. S. person if you are:

An individual who is a U. S. citizen or U. S. resident alien; A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States;
An estate ( other than a foreign estate); or
A domestic trust ( as defined in Regulations section 301. 7701-).

Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax under section 1446 on any foreign partners' share of effectively connected taxable income from such business. Further, in certain cases where a Form W- 9 has not been received, the rules under section 1446 require a partnership to presume that a partner is a foreign person, and pay the section 1446 withholding tax. Therefore, if you are a U. S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W- 9to the partnership to establish your U. S. status and avoid section 1446 withholding on your share of partnership income.

In the cases below, the following person must give Form W- 9to the partnership for purposes of establishing its U. S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States:

In the case of a disregarded entity with a U. S. owner, the U. S. owner of the disregarded entity and not the entity;
In the case of a grantor trust with a U. S. grantor or other U. S. owner, generally, the U. S. grantor or other U. S. owner of the grantor trust and not the trust; and In the case of a U. S. trust ( other than a grantor trust), the U. S. trust ( other than a grantor trust) and not the beneficiaries of the trust.

Foreign person. If you are a foreign person or the U. S. branch of a foreign bank that has elected to be treated as a U. S. person, do not use Form W- 9. Instead, use the appropriate Form W- 8 or Form 8233 ( see Publication 515, Withholding of Tax on Nonresident Aliens and Foreign Entities).

Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U. S. tax on certain types of income. However, most tax treaties contain a provision known as a " saving clause." Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the payee has otherwise become a U. S. resident alien for tax purposes.

If you are a U. S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U. S. tax on certain types of income, you must attach a statement to Form W- 9that specifies the following five items:

1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien.

2. The treaty article addressing the income.

3. The article number ( or location) in the tax treaty that contains the saving clause and its exceptions.

4. The type and amount of income that qualifies for the exemption from tax.

5. Sufficient facts to justify the exemption from tax under the terms of the treaty article.

Example. Article 20 of the U. S.- China income tax treaty allows an exemption from tax for scholarship income received by a Chinese student temporarily present in the United States. Under U. S. law, this student will become a resident alien for tax purposes if his or her stay in the United States exceeds 5 calendar years.

However, paragraph 2 of the first Protocol to the U. S.- China treaty (dated April 30, 1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United States. A Chinese student who qualifies for this exception (under paragraph 2 of the first protocol) and is relying on this exception to claim an exemption from tax on his or her scholarship or fellowship income would attach to Form W- 9 a statement that includes the information described above to support that exemption.

If you are a nonresident alien or a foreign entity, give the requester the appropriate completed Form W- 8 or Form 8233.

Backup Withholding
What is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS 28% of such payments. This is called " backup withholding." Payments that may be subject to backup withholding include interest, tax- exempt interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, payments made in settlement of payment card and third party network transactions, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding.

You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN, make the proper certifications, and report all your taxable interest and dividends on your tax return.

Payments you receive will be subject to backup withholding if:

1. You do not furnish your TIN to the requester,

2. You do not certify your TIN when required ( see the Part II instructions on page 3 for details),

3. The IRS tells the requester that you furnished an incorrect TIN,

4. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return ( for reportable interest and dividends only), or

5. You do not certify to the requester that you are not subject to backup withholding under 4 above (for reportable interest and dividend accounts opened after 1983 only).

Certain payees and payments are exempt from backup withholding. See Exempt payee code on page 3 and the separate Instructions for the Requester of Form W- 9 for more information.

Also see Special rules for partnerships above.

What is FATCA reporting?
The Foreign Account Tax Compliance Act ( FATCA) requires a participating foreign financial institution to report all United States account holders that are specified United States persons. Certain payees are exempt from FATCA reporting. See Exemption from FATCA reporting code on page 3 and the Instructions for the Requester of Form W- 9for more information.

Updating Your Information
You must provide updated information to any person to whom you claimed to be an exempt payee if you are no longer an exempt payee and anticipate receiving reportable payments in the future from this person. For example, you may need to provide updated information if you are a C corporation that elects to be an S corporation, or if you no longer are tax exempt. In addition, you must furnish a new Form W- 9if the name or TIN changes for the account; for example, if the grantor of a grantor trust dies.

Penalties
Failure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect.

Civil penalty for false information with respect to withholding. If you make a false statement with no reasonable basis that results in no backup withholding, you are subject to a $ 500 penalty.

Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/ or imprisonment.

Misuse of TINs. If the requester discloses or uses TINs in violation of federal law, the requester may be subject to civil and criminal penalties.

Specific Instructions
Line 1
You must enter one of the following on this line; do not leave this line blank. The name should match the name on your tax return.

If this Form W- 9 is for a joint account, list first, and then circle, the name of the person or entity whose number you entered in Part I of Form W- 9. a. Individual. Generally, enter the name shown on your tax return. If you have changed your last name without informing the Social Security Administration ( SSA) of the name change, enter your first name, the last name as shown on your social security card, and your new last name.

Note. ITIN applicant: Enter your individual name as it was entered on your Form W- 7application, line la. This should also be the same as the name you entered on the Form 1040/040A/ 1040EZ you filed with your application. b. Sole proprietor or single -member LLC. Enter your individual name as shown on your 1040/040A/ 1040EZ on line 1. You may enter your business, trade, or "doing business as" (DBA) name on line 2.
c. Partnership, LLC that is not a single -member LLC, C Corporation, or S Corporation. Enter the entity' s name as shown on the entity' stax return on line 1 and any business, trade, or DBA name on line 2.
d. Other entities. Enter your name as shown on required U. S. federal tax documents on line 1. This name should match the name shown on the charter or other legal document creating the entity. You may enter any business, trade, or DBA name on line 2.
e. Disregarded entity. For U. S. federal tax purposes, an entity that is disregarded as an entity separate from its owner is treated as a " disregarded entity." See Regulations section 301. 7701- 2(c)()( iii). Enter the owner' sname on line 1. The name of the entity entered on line 1 should never be a disregarded entity. The name on line 1 should be the name shown on the income tax return on which the income should be reported. For example, if a
foreign LLC that is treated
as a disregarded entity for U. S. federal tax purposes has a single owner that is a U. S. person, the U. S. owner' s name is required to be provided on line 1. If the direct owner of the entity is also a disregarded entity, enter the first owner that is not disregarded for federal tax purposes. Enter the disregarded entity' s name on line 2, "Business name/ disregarded entity name." If the owner of the disregarded entity is a foreign person, the owner must complete an appropriate Form W- 8 instead of a Form W- 9. This is the case even if the foreign person has a U. S. TIN. 47 Form W- 9 (Rev. 12- 2014) Page 3
Line 2
If you have a business name, trade name, DBA name, or disregarded entity name, you may enter it on line 2.

Line 3
Check the appropriate box in line 3 for the U. S. federal tax classification of the person whose name is entered on line 1. Check only one box in line 3.

Limited Liability Company ( LLC). If the name on line 1 is an LLC treated as a partnership for U. S. federal tax purposes, check the " Limited Liability Company" box and enter " P" in the space provided. If the LLC has filed Form 8832 or 2553 to be taxed as a corporation, check the " Limited Liability Company" box and in the space provided enter " C" for C corporation or " S" for S corporation. If it is a single - member LLC that is a disregarded entity, do not check the "Limited Liability Company" box; instead check the first box in line 3 " IndividuaVsole proprietor or single -member LLC."
Line 4, Exemptions
If you are exempt from backup withholding and/ or FATCA reporting, enter in the appropriate space in line 4 any code( s) that may apply to you.

Exempt payee code.

Generally, individuals (including sole proprietors) are not exempt from backup withholding.

Except as provided below, corporations are exempt from backup withholding for certain payments, including interest and dividends.

Corporations are not exempt from backup withholding for payments made in settlement of payment card or third party network transactions.

Corporations are not exempt from backup withholding with respect to attorneys' fees or gross proceeds paid to attorneys, and corporations that provide medical or health care services are not exempt with respect to payments reportable on Form 1099- MISC.

The following codes identify payees that are exempt from backup withholding.

Enter the appropriate code in the space in line 4.
1 — An organization exempt from tax under section 501( a), any IRA, or a custodial account under section 403( b)( 7) if the account satisfies the requirements of section 401( f)(2)
2 — The United States or any of its agencies or instrumentalities 3—Astate, the District of Columbia, a U. S. commonwealth or possession, or any of their political subdivisions or instrumentalities 4—A foreign government or any of its political subdivisions, agencies, or instrumentalities
5—A corporation
6—Adealer in securities or commodities required to register in the United States, the District of Columbia, or a U. S. commonwealth or possession 7—Afutures commission merchant registered with the Commodity Futures Trading Commission
8—Areal estate investment trust
9 — An entity registered at all times during the tax year under the Investment Company Act of 1940
10—Acommon trust fund operated by a bank under section 584( a) 11—Afinancial institution
12—A middleman known in the investment community as a nominee or custodian
13—Atrust exempt from tax under section 664 or described in section 4947 The following chart shows types of payments that may be exempt from backup withholding. The chart applies to the exempt payees listed above, 1 through 13.

IF the payment is for .. . THEN the payment is exempt for . . .

Interest and dividend payments All exempt payees except for 7
Broker transactions Exempt payees 1 through 4 and 6
through 11 and all C corporations. S
corporations must not enter an exempt
payee code because they are exempt
only for sales of noncovered securities
acquired prior to 2012.

Barter exchange transactions and
patronage dividends
Exempt payees 1through 4
Payments over $ 600 required to be
reported and direct sales over $ 5, 0001
Generally, exempt payees
1 through 52
Payments made in settlement of
payment card or third party network
transactions
Exempt payees 1 through 4
1 See Form 1099- MISC, Miscellaneous Income, and its instructions. 2 However, the following payments made to a corporation and reportable on Form 1099- MISC are not exempt from backup withholding: medical and health care payments, attorneys' fees, gross proceeds paid to an attorney reportable under section 6045( f), and payments for services paid by a federal executive agency.

Exemption from FATCA reporting code. The following codes identify payees that are exempt from reporting under FATCA. These codes apply to persons submitting this form for accounts maintained outside of the United States by certain foreign financial institutions. Therefore, if you are only submitting this form for an account you hold in the United States, you may leave this field blank.

Consult with the person requesting this form if you are uncertain if the financial institution is subject to these requirements. A requester may indicate that a code is not required by providing you with a Form W- 9 with " Not Applicable" (or any similar indication) written or printed on the line for a FATCA exemption code.

A —An organization exempt from tax under section 501( a) or any individual retirement plan as defined in section 7701( a)( 37)
B —The United States or any of its agencies or instrumentalities C — A state, the District of Columbia, a U. S. commonwealth or possession, or any of their political subdivisions or instrumentalities D — A corporation the stock of which is regularly traded on one or more established securities markets, as described in Regulations section

1.472-(c)( 1)( i
E —A corporation that is a member of the same expanded affiliated group as a corporation
F — A dealer
described
in securities,
in Regulations
commodities,
section
or derivative

1.472-(c)( 1)( i
financial instruments
including notional principal contracts, futures, forwards, and options) that is registered as such under the laws of the United States or any state G — A real estate investment trust
H —A regulated investment company as defined in section 851 or an entity registered at all times during the tax year under the Investment Company Act of 1940
I — A common trust fund as defined in section 584( a)
J —A bank as defined in section 581
K — A broker
L —A trust exempt from tax under section 664 or described in section 4947( a)( 1) M —A tax exempt trust under a section 403( b) plan or section 457( g) plan Note. You may wish to consult with the financial institution requesting this form to determine whether the FATCA code and/ or exempt payee code should be completed.

Line 5
Enter your address ( number, street, and apartment or suite number). This is where the requester of this Form W- 9 will mail your information returns.

Line 6
Enter your city, state, and ZIP code.

Part I. Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. If you are a resident alien and you do not have and are not eligible to get an SSN, your TIN is your IRS individual taxpayer identification number (ITIN). Enter it in the social security number box. If you do not have an ITIN, see How to get a TIN below.

If you are a sole proprietor and you have an EIN, you may enter either your SSN or EIN. However, the IRS prefers that you use your SSN.

If you are a single - member LLC that is disregarded as an entity separate from its owner ( see Limited Liability Company ( LLC) on this page), enter the owner' sSSN or EIN, if the owner has one). Do not enter the disregarded entity' sEIN. If the LLC is classified as a corporation or partnership, enter the entity' s EIN.

Note. See the chart on page 4 for further clarification of name and TIN combinations.

How to get a TIN. If you do not have a TIN, apply for one immediately. To apply for an SSN, get Form SS - 5, Application for a Social Security Card, from your local SSA office or get this form online at www. ssa. gov. You may also get this form by calling 1- 800- 772- 1213. Use Form W- 7, Application for IRS Individual Taxpayer Identification Number, to apply for an ITIN, or Form SS -4, Application for Employer Identification Number, to apply for an EIN. You can apply for an EIN online by accessing the IRS website at www. irs. gov/ businesses and clicking on Employer Identification Number (EIN) under Starting a Business. You can get Forms W- 7 and SS - 4 from the IRS by visiting IRS. gov or by calling 1 - 800 -TAX - FORM 1- 800-29- 3676).

If you are asked to complete Form W- 9but do not have a TIN, apply for a TIN and write "Applied For" in the space for the TIN, sign and date the form, and give it to the requester. For interest and dividend payments, and certain payments made with respect to readily tradable instruments, generally you will have 60 days to get a TIN and give it to the requester before you are subject to backup withholding on payments. The 60 -day rule does not apply to other types of payments. You will be subject to backup withholding on all such payments until you provide your TIN to the requester.

Note. Entering " Applied For" means that you have already applied for a TIN or that you intend to apply for one soon.

Caution: A disregarded U. S. entity that has a foreign owner must use the appropriate Form W- 8.
48 Form W- 9 (Rev. 12- 2014) Page 4
Part 11. Certification
To establish to the withholding agent that you are a U. S. person, or resident alien, sign Form W- 9. You may be requested to sign by the withholding agent even if items 1, 4, or 5 below indicate otherwise.

For a joint account, only the person whose TIN is shown in Part I should sign when required). In the case of a disregarded entity, the person identified on line 1 must sign. Exempt payees, see Exempt payee code earlier.

Signature requirements. Complete the certification as indicated in items 1 through 5 below.

1. Interest, dividend, and barter exchange accounts opened before 1984 and broker accounts considered active during 1983. You must give your correct TIN, but you do not have to sign the certification.

2. Interest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts considered inactive during 1983. You must sign the certification or backup withholding will apply. If you are subject to backup withholding and you are merely providing your correct TIN to the requester, you must cross out item 2 in the certification before signing the form.

3. Real estate transactions. You must sign the certification. You may cross out item 2 of the certification.

4. Other payments. You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an incorrect TIN. " Other payments" include payments made in the course of the requester' s
trade or business for rents, royalties, goods ( other than bills for merchandise), medical and health care services (including payments to corporations), payments to a nonemployee for services, payments made in settlement of payment card and third party network transactions, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attorneys (including payments to corporations).

5. Mortgage interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 529), IRA, Coverdell ESA, Archer MSA or HSA contributions or distributions, and pension distributions. You must give your correct TIN, but you do not have to sign the certification.

What Name and Number To Give the Requester
For this type of account: Give name and SSN of:

1. Individual

2. Two or more individuals (joint
account)

3. Custodian account of a minor
Uniform Gift to Minors Act)

4. a. The usual revocable savings
trust ( grantor is also trustee)
b. So- called trust account that is
not a legal or valid trust under
state law

5. Sole proprietorship or disregarded
entity owned by an individual

6. Grantor trust filing under Optional
Form 1099 Filing Method 1 ( see
Regulations
A))
section 1. 671- 4(b)( 2)( i
The individual
The actual owner of the account or,
if combined funds, the first
individual on the account'
The minor'
The grantor -trustee'
The actual owner'
The owner'
The grantor*
For this type of account: Give name and EIN of:

7. Disregarded entity not owned by an
individual

8. A valid trust, estate, or pension trust

9. Corporation or LLC electing
corporate status on Form 8832 or
Form 2553

10. Association, club, religious,
charitable, educational, or other taxexempt organization

11. Partnership or multi - member LLC

12. A broker or registered nominee

13. Account with the Department of
Agriculture in the name of a public
entity (such as a state or local
government, school district, or
prison) that receives agricultural
program payments

14. Grantor trust filing under the Form
1041 Filing Method or the Optional
Form 1099 Filing Method 2 ( see
Regulations
B))
section 1. 671- 4(b)( 2)( i
The owner
Legal entity.'
The corporation
The organization
The partnership
The broker or nominee
The public entity
The trust
1 List first and circle the name of the person whose number you furnish. If only one person on a joint account has an SSN, that person' s number must be furnished. 3 Circle the minor' s name and furnish the minor' sSSN. 3 You must show your individual name and you may also enter your business or DBA name on the " Business name/ disregarded entity" name line. You may use either your SSN or EIN ( if you have one), but the IRS encourages you to use your SSN.

List first and circle the name of the trust, estate, or pension trust. ( Do not furnish the TIN of the personal representative or trustee unless the legal entity itself is not designated in the account title.) Also see Special rules for partnerships on page 2.

Note. Grantor also must provide a Form W- 9 to trustee of trust.

Note. If no name is circled when more than one name is listed, the number will be considered to be that of the first name listed.

Secure Your Tax Records from Identity Theft
Identity theft occurs when someone uses your personal information such as your name, SSN, or other identifying information, without your permission, to commit fraud or other crimes. An identity thief may use your SSN to get a job or may file a tax return using your SSN to receive a refund.

To reduce your risk:

Protect your SSN,
Ensure your employer is protecting your SSN, and
Be careful when choosing a tax preparer.

If your tax records are affected by identity theft and you receive a notice from the IRS, respond right away to the name and phone number printed on the IRS notice or letter.

If your tax records are not currently affected by identity theft but you think you are at risk due to a lost or stolen purse or wallet, questionable credit card activity or credit report, contact the IRS Identity Theft Hotline at 1- 800- 98- 4490or submit Form 14039.

For more information, see Publication 4535, Identity Theft Prevention and Victim Assistance.

Victims of identity theft who are experiencing economic harm or a system problem, or are seeking help in resolving tax problems that have not been resolved through normal channels, may be eligible for Taxpayer Advocate Service ( TAS) assistance. You can reach TAS by calling the TAS toll -free case intake line at 1- 877- 777- 478or TTY/DD 1- 800-29- 459.

Protect yourself from suspicious emails or phishing schemes. Phishing is the creation and use of email and websites designed to mimic legitimate business emails and websites. The most common act is sending an email to a user falsely claiming to be an established legitimate enterprise in an attempt to scam the user into surrendering private information that will be used for identity theft.

The IRS does not initiate contacts with taxpayers via emails. Also, the IRS does not request personal detailed information through email or ask taxpayers for the PIN numbers, passwords, or similar secret access information for their credit card, bank, or other financial accounts.

If you receive an unsolicited email claiming to be from the IRS, forward this message to phishing@irs. gov. You may also report misuse of the IRS name, logo, or other IRS property to the Treasury Inspector General for Tax Administration TIGTA) at 1- 800- 366- 4484. You can forward suspicious emails to the Federal Trade Commission at: spam@uce. gov or contact them at www. ftc. gov/ idtheft or 1- 877- IDTH EFT (1- 877- 438-38).

Visit IRS. gov to learn more about identity theft and how to reduce your risk.

Privacy Act Notice
Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons (including federal agencies) who are required to file information returns with the IRS to report interest, dividends, or certain other income paid to you; mortgage interest you paid; the acquisition or abandonment of secured property; the cancellation of debt; or contributions you made to an IRA, Archer MSA, or HSA. The person collecting this form uses the information on the form to file information returns with the IRS, reporting the above information. Routine uses of this information include giving it to the Department of Justice for civil and criminal litigation and to cities, states, the District of Columbia, and U. S. commonwealths and possessions for use in administering their laws. The information also may be disclosed to other countries under a treaty, to federal and state agencies to enforce civil and criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. You must provide your TIN whether or not you are required to file a tax return. Under section 3406, payers must generally withhold a percentage of taxable interest, dividend, and certain other payments to a payee who does not give a TIN to the payer. Certain penalties may also apply for providing false or fraudulent information.
49 Toyota Town
2150 East Hammer Lane
Stockton, CA, 95210
209) 473- 2513 Tung Luong
Lily LLIU
390 Towne Centre Dr
Lathrop, California, 95330
lliu@ci. lathrop. ca. us
2099939386
2024 RAV4 Prime XSE
VIN: JTMEB3FV5RD217330
Stock: T72933
Estimated Pricing Summary
49,99. 00 $ 0.0 554, 625. 3
VEHICLE SELLING80 NET TRADE- IN TOTAL ESTIMATED77

PRICE NET AMOUNT
DUE
FINANCE Pricing Total
Options CASHDOWN Vehicle Selling Price80 $ 49,99. 00
Term Source $ 0 $ 1, 500 $ 3, 000 Total Suggested Retail Price78 $ 50, 034.0 48 MO. Standard $ 1, 357. 74 $1, 320. 46 $1, 283. 17 Dealer Price Adjustment75 -$ 1, 530. 0 60 MO. Standard $ 1,31. 36 $1,00. 3 $1, 069. 23 Dealer Installed Accessories71 $ 995. 00 . 72 MO. Standard $ 1, 004. 66 $977. 07 $ 949. 49 '
Optional Accessories71 $ 0.0
LEASE ( REGULAR) Miles / Year : 12000 Optional Toyota Products74 $ 0.0 Options CASHDOWN Optional Non -Toyota Products74 $ 0.0
Term Source $ 0 $ 1, 500 $ 3, 000 Estimated Taxes & Fees $ 5, 126. 35 24 MO. Standard $ 1, 010. 2 $937.2 $865. 66
Cash Down -
36 MO. Standard $ 879. 25 $ 829. 53 $779. 83
48 MO. Standard $ 840. 68 $ 801. 69 $762.1
Net Trade -In $ 0.0
Total Incentives & Rebates73 $ 0.0
Cash Total Estimated NetAmount Due77 S54, 625. 3
See page 2 for disclaimers and disclosures, and important information about this estimate

50 Payments calculated using this tool are estimates only based on information you provided. Actual prices and payments may be different. Financing payment calculations are based on APR and term. Lease payment calculations are based on term and annual mileage. Available on approved credit to very well qualified customers through Toyota Financial Services and participating Toyota dealers on certain new or certified used Vehicle( s). Not all customers will qualify.

71. Optional accessories are selected by you and are included in Other Amounts Financed. Dealer Installed Accessories are included in the price of the vehicle. Please see your Dealer for pricing. Prices and product availability are subject to change without notice.

73. Financing through your Toyota dealer and their applicable lender is required for certain cash offers. In the estimation, this cash offer has been applied to the down payment. Limit one rebates per finance transaction. No cash payment will be made to consumer.

74. Protection Products are optional, cancelable ( see terms of Agreement) and not required to obtain credit. The products referenced in this section are not Toyota Products and are not endorsed or guaranteed by Toyota.

75. Dealer Price Adjustment is the price adjustment, as determined by your dealer, from Total SRP to Vehicle Selling Price.

77. Estimated Net Amount Due equals the Vehicle Selling Price including estimated Taxes and Fees plus any protection products minus applicable Incentives and/ or Rebates and the Net Trade -In value. The pricing system gives you the ability to toggle the displayed estimated payment to either include or exclude the taxes and fees ( including but not limited to title, license, registration, documentation and other dealer fees) that will be owed by you.

78. Total Suggested Retail Price includes manufacturer and distributor options and delivery, process and handling fees, which may be subject to change at any time. Excludes taxes, title, license and dealer options, fees and charges. Dealer price will vary.

80. Vehicle Selling Price is the vehicle price, as determined by your dealer and includes Delivery, Processing and Handling, and any manufacturer or dealer installed accessories or equipment.

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52 AUGUST 12, 2024 CITY COUNCIL REGULAR MEETING
CITY MANAGER' S REPORT ITEM 4. 6
ITEM: SIDE LETTER OF AGREEMENT WITH LATHROP

POLICE OFFICERS ASSOCIATION
RECOMMENDATION: Authorize the Mayor to Execute a Side -Letter of Agreement
Association (
Updating
LPOA) Memorandum
the Lathrop
of
Police Officer' s
Understanding
to Include Corporal Classification
SUMMARY:

The City of Lathrop has three ( 3) recognized employee organizations, Lathrop Mid - Manager' sAssociation ( LMCEA), Service Employees International Union 1021 ( SEIU) and the Lathrop Police Officer' s Association ( LPOA) and each operate under a Memorandum of Understanding ( MOU). The MOU' s establish wages, working hours and other terms and conditions. The MOU for the LPOA was approved during the April 10, 2023 City Council meeting and has a term of April 15, 2023 to July 1, 2026.

The current LPOA MOU states that it applies to the following employment classes: 1.

Police Officers and 2. Police Sergeants. During the City' s mid - year budget process an additional sworn classification of Police Corporal was added to the City' s position control roster. The Corporal position is designed to assist with the implementation of succession planning to develop future leaders within the Police Department. The implementation of the Police Corporal position followed the City fulfilling its meet and confer obligations with the appropriate labor groups.

The City and LPOA have mutually agreed to amend the MOU to include the language contained in the side letter of agreement regarding the addition of Corporals to the bargaining unit.

BACKGROUND:

The City of Lathrop has three ( 3) recognized employee organizations, Lathrop Mid - Manager' sAssociation ( LMCEA), Service Employees International Union 1021 ( SEIU) and the Lathrop Police Officer' s Association ( LPOA) and each operate under a Memorandum of Understanding ( MOU). The MOU' s establish wages, working hours and other terms and conditions. The MOU for the LPOA was approved during the April 10, 2023 City Council meeting and has a term of April 15, 2023 to July 1, 2026.

The current LPOA MOU states that it applies to the following employment classes: 1.

Police Officers and 2. Police Sergeants. During the City' s mid -year budget process an additional sworn classification of Police Corporal was added to the City' s position control roster.

The mid -year staff report reclassed five ( 5) Police Officer' s (Grade 65) to Police Corporal' s. The justification stated that the Police Corporal position will be able to step in and act as the patrol shift supervisor or watch commander in the event that 53 CITY MANAGER' S REPORT
AUGUST 12, 2024 CITY COUNCIL REGULAR MEETING

SIDE LETTER OF AGREEMENT WITH LPOA

a sergeant is out sick, out with an injury or on vacation. Incorporating this position will assist with the implementation of succession planning to develop future leaders within the Police Department. The implementation of the Police Corporal position will follow the City fulfilling its meet and confer obligations with the appropriate labor groups.

The City and LPOA have mutually agreed to amend the MOU to include the language contained in the side letter of agreement regarding the addition of Corporals to the bargaining unit. Funding for the Corporal position was approved on March 11, 2024 through the City' s mid -year budget process.

RECOMMENDATION:

Staff recommends that the City Council authorize the Mayor to execute a Side -Letter of Agreement updating the Lathrop Police Officer' sAssociation ( LPOA) Memorandum of Understanding to include the Corporal Classification.

FISCAL IMPACT:

Funding for the Corporal position was approved on March 11, 2024 through the City' s mid -year budget process. There are no additional fiscal impacts associated with the approval of the side letter with LPOA to include the Corporal classification.

ATTACHMENTS:

A. Resolution Authorizing the Mayor to Execute a Side -Letter of Agreement Updating the Lathrop Police Officer' sAssociation ( LPOA) Memorandum of Understanding to Include Corporal Classification
B. Side Letter of Agreement with LPOA, RE: Addition of Corporals to the Bargaining Unit
54 CITY MANAGER' S REPORT
AUGUST 12, 2024 CITY COUNCIL REGULAR MEETING

SIDE LETTER OF AGREEMENT WITH LPOA
APPROVALS:
1 / ZS'/ 2osq

Thomas Hedegard ' Date
Deputy City Manager

7. 1-- - 2- c91-`(
Salvador Navarrete Date
City Attorney
Ste en J. Salvatore Date
City Manager
7 -30 -2. 11 -
55 RESOLUTION NO. 24 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP

AUTHORIZING THE MAYOR TO EXECUTE A SIDE - LETTER OF AGREEMENT

UPDATING THE LATHROP POLICE OFFICER' SASSOCIATION ( LPOA)

MEMORANDUM OF UNDERSTANDING TO INCLUDE CORPORAL

CLASSIFICATION
WHEREAS the City of Lathrop has three ( 3) recognized employee organizations, Lathrop Mid - Manager' s
Association ( LMCEA), Service Employees
International Union 1021 ( SEIU) and the Lathrop Police Officer' sAssociation ( LPOA) and each operate under a Memorandum of Understanding ( MOU). The MOU' s establish wages, working hours and other terms and conditions.; and WHEREAS, the MOU for the LPOA was approved during the April 10, 2023 City Council meeting and has a term of April 15, 2023 to July 1, 2026; and WHEREAS the current LPOA MOU states that it applies to the following employment classes: 1. Police Officers and 2. Police Sergeants. During the City' s midyear budget process an additional sworn classification of Police Corporal was added to the City' s position control roster; and
WHEREAS, the Corporal position is designed to assist with the implementation of succession planning to develop future leaders within the Police Department. The implementation of the Police Corporal position followed the City fulfilling its meet and confer obligations with the appropriate labor groups; and WHEREAS, funding for the Corporal position was approved on March 11, 2024 through the City' s
mid -year budget process. There are no additional fiscal impacts associated with the approval of the side letter with LPOA to include the Corporal classification; and
WHEREAS, the City and LPOA have mutually agreed to amend the MOU to include the language contained in the side letter of agreement regarding the addition of Corporals to the bargaining unit.

NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby authorize the Mayor to execute a Side - Letter of Agreement updating the Lathrop Police Officer' sAssociation ( LPOA) Memorandum of Understanding to include Corporal classification.
56 The foregoing resolution was passed and adopted this 12th day of August 2024, by the following vote of the City Council, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 57

SIDE LETTER OF AGREEMENT
TO THE 2023-026 MOU BETWEEN

THE CITY OF LATHROP AND THE LATHROP POLICE OFFICERS ASSOCIATION RE: ADDITION OF CORPORALS TO THE BARGAINING UNIT
JULY 2, 2024
It is the intent of the parties to incorporate the newly created classification of Police Corporal into the POA bargaining unit. A copy of the Class Specification for Police Corporal, is attached to this Side Letter as Attachment A. It is further the intent that the terms of the MOU shall apply to the new classification, once the Police Corporal classification is implemented and filled.

This side letter confirms that the City of Lathrop (" City") and the Lathrop Police Officers' Association ( POA) have met and conferred to discuss the following changes to the Parties' MOU, as modified below.

APPENDIX A:

This Memorandum of Understanding applies to the following employment classes:

1. Police Officers

2. Police Sergeants

3. Police Corporal
Police Corporal Compensation
Compensation: The Corporal position will be compensated at Grade Step 68. The Step will be calculated based on the employee' scurrent step, resulting in a 7.5% pay increase from the Officer classification. See attached Grade Step chart for further detail. Base Salary

7.5% Increase over Police Officer ( Grade 65 to 68)
Special Assignment
SWAT 5% ( still applicable)
Detective 5% ( still applicable)
Most other Special Assignments would not be applicable at this time but future growth within the Department may create the opportunity. A maximum of5% Special Assignment pay will be provided for this benefit. The Specialty Assignments are not stackable ( per MOU).
58

Shift Differential
Graveyard shift differential 5% ( still applicable)
Bilingual Premium Pay 2.5%
Bilingual 2.5% ( still applicable)
Educational Incentive
Associates of Arts Degree 2.5% ( still applicable)
Bachelor' sDegree or Higher 5% ( still applicable)
Maximum of 5% for education ( still applicable)
Peace Officer Standard Training Certificate Pay
Corporal (Maximum 5% for POST Certificates):

2.5% Intermediate Certificate

2.5% Advanced Certificate
Per POST Supervisory Certificate applicant must possess a minimum of two years of law enforcement experience as a permanent first level supervisor or higher.

The Corporal position would not be in a permanent supervisory role but would be called upon when needed to act in a supervisory role.

Standby/ On- call Pay
3/ hour for each hour assigned to standby/ on -call duty. Standby / on -call pay is subject to City Manager approval. (still applicable)
Further, to address specific questions raised by the POA, below are the City' sresponse regarding the new Corporal classification.

Selection Process
Corporals will be selected via existing promotional processes including, but not limited to, application submission, memorandum of interest review, and in person interview panels.

Final selection will be at the Chief' s discretion.
59

Probation Period
Newly promoted employees will be subject to a 12 -month probationary process in accordance with the current MOU. Except when an Officer promoted to Corporal has been terminated for cause, a Corporal released from probation during or at the conclusion of probation following a promotion, shall be reinstated to the position of Police Officer, at the former salary step.

Work Schedule
There will be one Corporal position assigned to each patrol team. Team selection priority will be based on current department seniority ranking. Management reserves the right to adjust patrol schedules to meet the needs of the agency.

Impending a Corporal position assigned to investigations, the Corporal will assume an investigation schedule based on the needs of the department as determined by the Chief of Police or their designee.

Job Duties
In addition to the duties and essential functions of the Police Officer classification, Corporals may act as an assistant supervisor to the Patrol Sergeant and as a Field Training Officer. See attached job description for further detail.

Corporals may recommend disciplinary action. Recommended disciplinary action will be referred to a Sergeant or Lieutenant for delivery. Corporals may issue counseling.

When a Corporal is acting in a supervisory capacity in the absence of a Sergeant on their assigned team, they will not also act in a Field Training Officer capacity.

Supervisory Vacancies
The Corporal will assume supervisory responsibility for their team when the regularly assigned Sergeant is unavailable ( due to training, vacation, sick time, etc.) to provide consistent leadership within the teams. If both the regularly assigned Sergeant and the regularly assigned Corporal are out, Sergeants will be given first right of refusal for voluntary overtime.

Corporals working out -of -class assignments to an upgraded position or higher classification will be subject to Ca1PERS maximum hour limitations. 60

FOR THE FOR LATHROP POLICE

CITY OF LATHROP OFFICERS ASSOCIATION
Sonny Dhaliwal
Mayor
Data-~' ach faaatan
LPOA President
Stephen J. Salvatore Date Myles Richter
Chief Negotiator LPOA Vice President
Date
i/ V
Date
David Gaa '- ---_ _ Dat
LPOA Representative — Goyette
7 Antonio Argue -1 s
LPOA Repi‘ ectative — Goyette
APPROVED AS TO FORM:

Che Johnson
City Counsel, Liebert Cassidy Whitmore
S'
Date
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62 ITEM 4. 7

CITY MANAGER' S REPORT
AUGUST 12, 2024 CITY COUNCIL REGULAR MEETING
ITEM: APPROVAL OF AGREEMENT TO PROVIDE LAW

ENFORCEMENT SERVICES FOR THE AMERICAN
HEART ASSOCIATION' S209 HEART & STROKE WALK
EVENT
RECOMMENDATION: Adopt Resolution Approving Agreement to Provide Law Enforcement Services to The American Heart
Association for the 209 Heart & Stroke Walk Event
on September 21, 2024
SUMMARY:

The American Heart Association ( AHA) is hosting the 209 Heart & Stroke Walk event in the City of Lathrop on September 21, 2024. This is a regional event that will attract thousands of visitors to the City of Lathrop. Due to the size and scope of the event, law enforcement services are being requested to help ensure the safety and security of event participants. The 209 Heart & Stroke Walk is a one -day event from 9: OOAM to 11: 30AM. The total hours requested by the AHA is twenty- eight (28) hours for five 5) officers, one ( 1) Sergeant, and one ( 1) Community Service Officer.

The Lathrop Police Department ( LPD) is able to provide staffing for the requested overtime hours for the 209 Heart & Stroke Walk. The AHA has agreed to pay for the twenty- eight (28) overtime hours requested and has further agreed to pay the cost of additional law enforcement services should circumstances require additional hours or mutual aid from other agencies to restore or secure public safety during the event.

The overtime cost for the AHA' s 209 Heart & Stroke Walk is estimated at $ 3, 112. 28.

Staff recommends City Council approve the agreement to authorize LPD to provide law enforcement services to the American Heart Association for the 209 Heart & Stroke Walk Event on September 21, 2024.

BACKGROUND:

The American Heart Association is the nation' soldest and largest voluntary non- profit organization whose mission is to fight heart disease and stroke. The AHA is hosting their 209 Heart & Stroke Walk event on Saturday, September 21, 2024 at 1051 River Islands Parkway in Lathrop to raise awareness and funding for heart disease. Last October, the AHA combined their 209 Heart & Stroke Walk from Stockton and Modesto and held it for the first time in the City of Lathrop. The regional event attracted about 1, 500 visitors to Lathrop last year, and event organizers estimates between 1, 500 - 2, 000 attendees for the September 21, 2024 event.

The 209 Heart & Stroke Walk event will begin at 9: OOAM and the vendor/ festival area will have a kids activity zone, face painters, sponsor booths, a DJ, and photo areas. 63 CITY MANAGER' S REPORT PAGE 2
AUGUST 12, 2024 CITY COUNCIL REGULAR MEETING

AGREEMENT TO PROVIDE LAW ENFORCEMENT SERVICES FOR THE
AMERICAN HEART ASSOCIATION' S209 HEART & STROKE WALK EVENT Due to the size and scope of the 209 Heart & Stroke Walk event, law enforcement services are being requested to help ensure the safety and security of event participants. The 209 Heart & Stroke Walk event is from 9: OOAM to 11: 30AM, and a total of five ( 5) Police Officers, one ( 1) Sergeant, and one ( 1) Community Service Officer are being requested to be present for the event. The total hours requested by the American Heart Association is twenty- eight (28) hours.

The AHA agrees to pay the cost of the requested overtime hours and further agrees to pay any additional law enforcement services should circumstances require a mutual aid request from other City, County, or State agencies in order to restore or secure public safety at their event.

REASON FOR RECOMMENDATION:

Due to the size and scope of the events, law enforcement services are required for the safety and security of the visitors and participants for the 209 Heart & Stroke Walk event. LPD is able to provide the law enforcement services requested, and the AHA has agreed to pay the overtime rate to cover the costs of sworn and non -sworn personnel. Staff recommends Council approve the agreement to allow LPD to provide law enforcement services for the 209 Heart & Stroke Walk event.

FISCAL IMPACT:

Overtime cost for the AHA' s 209 Heart & Stroke Walk is estimated at $ 3, 112. 28. AHA is required to pay a deposit of $ 3, 112. 28. At the conclusion of the event the City will invoice AHA for actual overtime costs, including any additional costs if circumstances arise requiring more hours than what was scheduled or mutual aid from other agencies was needed, and apply the initial deposit as credit. There is no fiscal impact to the City for this agreement and the Revenue and Overtime Expense are included in the FY 24-5 adopted budget.

ATTACHMENTS:

A. Resolution Approving Agreement to Provide Law Enforcement Services to the American Heart Association for the 209 Heart & Stroke Walk event on September 21, 2024
B. Agreement with the American Heart Association to Provide Law Enforcement Services for the 209 Heart & Stroke Walk event on September 21, 2024 64 CITY MANAGER' S REPORT PAGE 3
AUGUST 12, 2024 CITY COUNCIL REGULAR MEETING

AGREEMENT TO PROVIDE LAW ENFORCEMENT SERVICES FOR THE
AMERICAN HEART ASSOCIATION' S209 HEART & STROKE WALK EVENT APPROVALS:
phen S
Chief of Police
Cari Jame
Finance D• ctor
Date
7/ 3f/ 2. o2' f
io) D0
Date
S/ sjZoly
Thomas Hedegard Date
Deputy City Manager

8. 5 • L'•-
Salvador Navarrete Date
City Attorney
Stephen J. Salvatore Date
City Manager
65 RESOLUTION NO. 24 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP

APPROVING AGREEMENT TO PROVIDE LAW ENFORCEMENT SERVICES TO THE AMERICAN HEART ASSOCIATION FOR THE 209 HEART & STROKE WALK EVENT ON SEPTEMBER 21, 2024
WHEREAS, the American Heart Association ( AHA) is the nation' s oldest and largest voluntary non- profit organization whose mission is to fight heart disease and stroke; and
WHEREAS, the AHA is hosting their 209 Heart & Stroke Walk event on Saturday, September 21, 2024 at 1051 River Islands Parkway in Lathrop to raise awareness and funding for heart disease. This regional event will attract thousands of visitors to Lathrop and event organizers estimates between 1, 500 - 2, 000 attendees; and
WHEREAS, the 209 Heart & Stroke Walk event will be from at 9: OOAM to 11: 30AM and the vendor/ festival area will have a kids activity zone, face painters, sponsor booths, a DJ, and photo areas; and
WHEREAS, due to the size and scope of the 209 Heart & Stroke Walk event, law enforcement services are being requested to ensure the safety and security of event participants. A total of five ( 5) Police Officers, one ( 1) Sergeant, and one ( 1) Community Service Officer are being requested to be present for the event. The total hours requested by the American Heart Association is twenty- eight (28) hours; and WHEREAS, LPD is able to provide staffing for the requested overtime hours and the AHA agrees to pay the cost of the twenty- eight (28) overtime hours and further agrees to pay the cost of additional law enforcement services should circumstances require a mutual aid request from other City, County, or State agencies in order to restore or secure public safety at their event; and WHEREAS, the overtime cost for the AHA' s 209 Heart & Stroke Walk is estimated at $ 3, 112. 28; and
WHEREAS, there is no fiscal impact to the City for this agreement and the Revenue and Overtime Expense are included in the FY 24-5 adopted budget.

NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve the proposed Agreement to Provide Law Enforcement Services to the American Heart Association for the 209 Heart & Stroke Walk event on September 21, 2024.
66 The foregoing resolution was passed and adopted this 12th day of August 2024, by the following vote of the City Council, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 67 ATTACHMENT B

CITY OF LATHROP

AGREEMENT WITH THE AMERICAN HEART ASSOCIATION TO PROVIDE LAW ENFORCEMENT SERVICES FOR THE 209 HEART & STROKE WALK EVENT ON SEPTEMBER 21, 2024
THIS AGREEMENT for law enforcement services to the AMERICAN HEART ASSOCIATION for the 209 HEART & STROKE WALK event ( hereinafter " EVENT"), dated for convenience this day of August 2024 is by and between the AMERICAN HEART ASSOCIATION, a nonprofit organization hereinafter "AHA") and the City of Lathrop, a California municipal corporation ( hereinafter " CITY"). The CITY and the AMERICAN HEART ASSOCIATION may be referred to herein as " Party" or collectively as Parties".

RECITALS:

WHEREAS, AHA requests the CITY to provide law enforcement security services for the EVENT; and
WHEREAS, the CITY desires to accommodate AHA' srequest and has no objections to providing law enforcement security services for the EVENT as allowed by Government Code 53069. 8and reserves the right to terminate the EVENT for the purposes of public safety; and WHEREAS, costs for Officer work hours shall be paid by the AHA at the rate indicated in the estimated cost schedule below.

NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions in this Agreement, AHA and the CITY agree as follows:

AGREEMENT
1) Scope of Service
CITY' s
assigned police officers shall provide law enforcement security services to AHA' s 209 HEART & STROKE WALK EVENT located at 1051 River Islands Parkway, Lathrop, CA 95330 in accordance with the terms and conditions contained in this Agreement.

A. Each police officer shall be the CITY' s
employee and shall be subject to the CITY' s
administration, supervision, and control.

B. AHA agrees to pay the costs for law enforcement services provided by the Lathrop Police Department at the hourly rate listed in Section 2 below.

C. The initially estimated total cost is based on the number of hours that CITY intends to assign Officers to cover the EVENT. Staff will work from a schedule with a total of 28 hours for the duration of the EVENT as detailed in Section 2 Compensation below.

D. AHA agrees to pay a deposit equal to the initially estimated total cost as detailed in Section 2 below.

68 CITY OF LATHROP — AGREEMENT WITH THE AMERICAN HEART ASSOCIATION TO PROVIDE LAW ENFORCEMENT SERVICES FOR THE 209 HEART & STROKE WALK EVENT ON SEPTEMBER 21, 2024
E. The CITY shall be entitled to reimbursement should circumstances arise requiring more hours/ and or personnel and the estimated additional cost will be billed to AHA accordingly.

F. AHA be entitled to a reduction for less hours worked should circumstances ( such as rain and wind) cause the EVENT to be closed or impacted. If the EVENT closes early, officers may work less hours.

G. AHA agrees to pay the CITY for all costs associated with providing law enforcement services for the EVENT. In addition, if further resources are needed to provide adequate security at the EVENT, including mutual aid from other agencies, those cost will be the responsibility of AHA. Hourly rates for the additional resources that are not included in the estimated cost schedule may vary. 2) Compensation
AHA hereby agrees to pay all initial deposit of initial estimated total cost for law enforcement services as detailed in the schedule below:

Date Staff Hours Total
Hours
Est. OT
Hourly Rate
Estimated
Total Cost
9/ 21/024 5 Officers 8AM — 12PM ( 4 hours) 20 112. 91 2,58.0 9/ 21/024 1 Sergeant 8AM — 12PM ( 4 hours) 4 5133. 07 S532. 28 9/ 21/024 1 CSO 8AM — 12PM ( 4 hours) 4 S80. 45 S321. 80 Total Estimated Cost S3, 112. 28
After the EVENT, CITY will invoice the AHA for law enforcement services for actual hours of CITY personnel and any additional resource costs incurred for EVENT and apply the initial deposit as a credit. Hourly rates for additional resources that may be needed to provide adequate security at the EVENT that are not included in the initial estimated total cost schedule above may vary. 3) Effective Date and Term
The effective date of this Agreement shall be from the date of its full execution through September 22, 2024, unless terminated earlier by either party providing a minimum of seven (7) days' written notice.
4) Employment of Officer( s) and Assignments
CITY shall retain control over supervision, wages, and other terms and conditions of employment of the officers providing the services under this Agreement. The parties acknowledge that such officers are held to the requirements of the law and CITY policies and procedures. AHA shall immediately notify the CITY of any concerns regarding the performance of the assigned officers, including, but not limited to, adherence to quality of services as detailed in this agreement.

CITY shall assign Police Officers to cover the EVENT on each requested day on a rotational basis.

Police Officer( s) will work from a schedule as detailed in Section 2 Compensation of the Agreement, unless otherwise adjusted due to circumstantial events as referenced in the Agreement.

69 CITY OF LATHROP — AGREEMENT WITH THE AMERICAN HEART ASSOCIATION TO PROVIDE LAW ENFORCEMENT SERVICES FOR THE 209 HEART & STROKE WALK EVENT ON SEPTEMBER 21, 2024
5) Billings
CITY shall submit one invoice at the conclusion of the EVENT for actual law enforcement services incurred and any additional resource costs incurred for the EVENT. AHA shall remit payment to the CITY within thirty ( 30) days of receipt of invoice.
6) Supplies & Equipment
CITY shall provide each officer with the following equipment:

A. Police Vehicles: City shall,

1. Provide a standard patrol vehicle for each officer.

2. Maintain the motor vehicles assigned to each officer.

3. Purchase gasoline, oil, replacement tires, and other expenses associated with the operation of each motor vehicle.

4. Maintain comprehensive general auto liability insurance on each motor vehicle in an amount as is currently provided through the Central San Joaquin Valley Risk Management Authority.

B. Weapons and Ammunition

1. CITY shall provide the standard issued weapons (handgun, shotgun, and rifle) and rounds of ammunition for each officer.

C. Office Supplies

1. CITY shall provide each officer with the usual and customary office supplies and forms required in the performance of their duties.
7) Compliance With the Laws
The Parties shall keep themselves informed of and in compliance with all federal, state and local laws, ordinances, regulations, and orders that may affect in any manner performance of the Services or those engaged to perform Services under this Agreement. 8) Insurance
A. AHA shall maintain commercial general liability insurance coverage at least as broad as Insurance Services Office (ISO) form CG 00 01, in an amount not less than one million dollars ($ 1, 000,00) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/ location or the general aggregate limit shall be twice the required occurrence limit. AHA' sgeneral liability policies shall be primary and shall not seek contribution from the CITY' scoverage, and be endorsed using ISO form CG 2010 ( or equivalent) to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies.

B. Any failure to comply with reporting provisions of the policies by AHA shall not affect coverage provided the CITY.

C. Coverage shall state that AHA insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer' sliability.

70 CITY OF LATHROP - AGREEMENT WITH THE AMERICAN HEART ASSOCIATION TO PROVIDE LAW ENFORCEMENT SERVICES FOR THE 209 HEART & STROKE WALK EVENT ON SEPTEMBER 21, 2024
D. Coverage shall contain a waiver of subrogation in favor of the CITY. 9) Indemnification
A. AHA shall indemnify, defend, and hold harmless the City, its officers, officials, employees, and volunteers ( hereafter collectively City Personnel) from and against any and all liability, claims, damage, cost, expenses, awards, fines, judgments, and expenses of litigation ( including, without limitation, costs, attorney fees, expert witness fees and prevailing party fees and cost) of every nature arising out of or in connection with the any services provided by the City or any City Personnel or their performance of work or any failure to comply with any of the City' s duties
contained in the Agreement, except such loss or damage which was caused by the gross or willful misconduct of City Personnel.

B. In the event of concurrent negligence on the part of AHA or any of its officers, directors, trustees, employees, agents or volunteers, and CITY or any of its officers, officials, employees, agents or volunteers, the liability for any and all such claims, demands and actions in law equity for such losses, fines, penalties, forfeiture, costs and damages shall be apportioned under the State of California' stheory of comparative negligence as presently established or as may be modified hereafter.

C. If AHA rejects a tender of defense by the City or City Personnel under this Agreement, and it is later determined that the City and City Personnel breached no duty of care and/ or were immune from liability, AHA shall reimburse the City and/ or City Personnel for any and all litigation expenses ( including, without limitation, costs, attorney fees, expert witness fees and prevailing party fees and cost). A duty of care or immunity determination may be made by a jury or a court,
including a declaratory relief determination by a court after the City and/ or City Personnel settles a
liability claim, with or without participation by AHA.

D. The Parties acknowledge that it is not the intent of the Agreement to create a duty of care by the City or City Personnel that they would not owe in the absence of the Agreement. The Agreement does not create an affirmative duty of care ( including, without limitation, a duty to protect, a duty to deter and/ or a duty to intervene) by the City or City Personnel and the absence of City Personnel is not a material breach of this Agreement. The Parties further acknowledge that by entering into this Agreement neither the City nor City Personnel intend to waive any immunities to which they would be entitled in the absence of the Agreement. 10) Integration of Prior Terms and Conditions
This Agreement, including all recitals, constitutes the entire agreement of the Parties. This Agreement may be amended or modified only by the mutual written agreement of the Parties. This Agreement is invalid unless approved by the legislative body of each Party, although it may be executed by an authorized agent of each Party. An authorized agent of the City shall be a person specifically authorized by the legislative body of the City to execute this Agreement, at the level of City Manager or City Attorney or equivalent. The indemnity sections shall survive termination or expiration of this agreement.

71 CITY OF LATHROP - AGREEMENT WITH THE AMERICAN HEART ASSOCIATION TO PROVIDE LAW ENFORCEMENT SERVICES FOR THE 209 HEART & STROKE WALK EVENT ON SEPTEMBER 21, 2024
11) Termination
Either Party to this Agreement may for any reason terminate this Agreement at any time by giving a minimum of seven ( 7) days' written notice to the other party. Upon termination of this Agreement as herein provided, AHA shall have no obligation to compensate or pay the CITY except for services provided prior to termination.
12) 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 ( 1) personally served, (2) sent by the United States mail, postage prepaid, by certified mail (3) sent by private express delivery service and addressed as follows:

To City:

Copy to:

To AHA:
13) Miscellaneous
City of Lathrop
City Clerk
390 Towne Centre
Lathrop, CA 95330
City of Lathrop
Lathrop Police Department
940 River Islands Parkway
Lathrop, CA 95330
American Heart Association
Attn: Donna Duldulao
2007 0 St.

Sacramento, CA 95811
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. Contract Terms Prevail. All exhibits and this Agreement are intended to be construed as a single document. Should any inconsistency occur between the specific terms of this Agreement and attached exhibits, the terms of this Agreement shall prevail.

C. Non -Discrimination. No party shall employ any discriminatory practices in its performance hereunder, including its employment practices, on the basis of sex, race, color, religion, national origin, ancestry, age, sexual orientation, or physical and mental disability.

D. 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.

E. 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

72 CITY OF LATHROP — AGREEMENT WITH THE AMERICAN HEART ASSOCIATION TO PROVIDE LAW ENFORCEMENT SERVICES FOR THE 209 HEART & STROKE WALK EVENT ON SEPTEMBER 21, 2024
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.

G. Incorporation of Documents. All documents constituting the Agreement documents described in Section 1 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.

H. Integration. This Agreement and any amendments hereto between the parties constitute the entire Agreement between the parties concerning the Project and Work, and there are no other prior oral or written agreements between the parties that are not incorporated in this Agreement.

I. 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.

J. 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.

K. Severability. The invalidity in whole or part of any provision of this Agreement shall not void or affect the validity of any other provision of this agreement. 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.

L. 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. 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.

N. Recovery of Costs. The prevailing party in any action brought to enforce the terms of this Agreement or arising out of this Agreement may recover its reasonable costs, including reasonable attorney' sfees, incurred or expended in connection with such action against the non -prevailing party
14) 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 AHA and the CITY. This agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.

73 CITY OF LATHROP - AGREEMENT WITH THE AMERICAN HEART ASSOCIATION TO PROVIDE LAW ENFORCEMENT SERVICES FOR THE 209 HEART & STROKE WALK EVENT ON SEPTEMBER 21, 2024
In Witness Whereof, each Party to this Agreement has signed this Agreement upon the date indicated, and agrees, for itself, its employees, officers, partners, and successors, to be fully bound by all terms and conditions of this Agreement.

City of Lathrop: American Heart Association:

Stephen J. Salvatore Date Donna Duldulao Date
City Manager Event Planning Director
Recommended for Approval:

Stephen Sealy
Chief of Police
Approved as to Form:

Salvador Navarrete
City Attorney
Date
Attest:

Date
Teresa Vargas
City Clerk
Date

74 ITEM 4. 8

CITY MANAGER' SREPORT
AUGUST 12, 2024 CITY COUNCIL REGULAR MEETING
ITEM: APPROVAL OF OUT-F- STATE TRAVEL FOR TWO ( 2)

LATHROP POLICE DEPARTMENT STAFF TO ATTEND
THE 24PET' S SOFTWARE USER CONFERENCE IN
SEPTEMBER 2024
RECOMMENDATION: Adopt Resolution Approving Out -of -State Travel for two ( 2) Lathrop Police Department Staff to Attend
the 24Pet' sSoftware User Conference in Las Vegas,
Nevada from September 24, 2024 to September 26,
2024
SUMMARY:

The City of Lathrop Police Department' s
Animal Center ( Animal Center) utilizes
24Pet' s Chameleon software as the Animal Center' s Integrated Shelter Case Management Software ( CMS). The software is used to help manage and streamline our animal center' s day to day activities including animal licensing, vaccination records, bite reports, and kennel tracking.

Attending the 24Pet' s Software User Conference will provide valuable training and networking opportunities with industry leaders, software developers, and other animal shelter professionals that also use the same software. This training and connections can lead to collaboration, partnerships, and sharing of best practices that will benefit and help our animal center operations be more efficient and effective.

The cost for two ( 2) staff members to attend the 24Pet' s User Software Conference is estimated at $ 2, 600. There are sufficient funds in the adopted FY 24-5 budget to cover the cost of the training. Staff recommends City Council approve the out-fstate travel for two ( 2) Lathrop Police Department staff to attend the 24Pet' s User Software Conference in Las Vegas, Nevada from September 24, 2024 to September 26, 2024.

BACKGROUND:

The Animal Center utilizes 24Pet' s Chameleon software as the Animal Center' s Integrated Shelter Case Management Software ( CMS). The software is used to help manage and streamline our animal center' sday to day activities.

Some of the many features of the CMS that is used daily includes:

Animal licensing, including the ability to renew their animal licenses online Cashiering and Web Payments
Vaccination Records and Microchip tracking
Veterinary record - keeping, including medical history, treatments, medications, and spay/ neuter records
75 CITY MANAGER' S REPORT PAGE 2
AUGUST 12, 2024 CITY COUNCIL REGULAR MEETING
APPROVAL OF OUT-F- STATE TRAVEL FOR TWO ( 2) LATHROP POLICE DEPARTMENT STAFF TO ATTEND THE 24PET' S USER SOFTWARE
CONFERENCE IN SEPTEMBER 2024
Creating individual animal records with photos and behavior profiles Connect to multiple animal search websites for adoption visibility and lost pet listings
Bite reporting and animal profiles for enforcement
Kennel management and tracking, and inventory
Creation of statistic reports, new License and renewal license letters, and ad - hoc customer letters, notifications, charts, and graphs Attending the 24Pet' s User Software Conference will provide valuable training on the software updates and networking opportunities that connect our department staff with other professionals who use the same software. This training and connections can lead to collaboration, partnerships, and sharing of best practices that will benefit and help our animal center operations be more efficient and effective. Additionally, they will be able to work with the software developers to find out what changes or updates may be coming for the CMS.

REASON FOR RECOMMENDATION:
24Pet' s User Software Conference will provide the training the department staff needs to acquire proficiency and stay up to date with the changing technology which will enable them to utilize the CMS effectively and efficiently. Staff requests that the City Council adopt resolution approving the out-f- state travel for two ( 2) Lathrop Police Department staff members to attend the 24Pet' s User Software Conference being held in Las Vegas, Nevada from September 24, 2024 to September 26, 2024.

FISCAL IMPACT:

The cost for two police department staff members to attend the 24Pet' sUser Software Conference is estimated to be $ 2, 600. There are sufficient funds in the adopted FY 24-5 Budget to cover the cost of the training and travel.

ATTACHMENTS:

A. Resolution Approving Out -of -State Travel for Two ( 2) Lathrop Police Department Staff to Attend the 24Pet' sUser Software Conference in Las Vegas, Nevada from September 24, 2024 to September 26, 2024
B. 24Pet' s User Software Conference Schedule
76 CITY MANAGER' S REPORT PAGE 3
AUGUST 12, 2024 CITY COUNCIL REGULAR MEETING
APPROVAL OF OUT-F- STATE TRAVEL FOR TWO ( 2) LATHROP POLICE DEPARTMENT STAFF TO ATTEND THE 24PET' S USER SOFTWARE
CONFERENCE IN SEPTEMBER 2024
APPROVALS:
en Seal
Chief of Police
9 I
r
Cari Jam
Finance Ii ector
7/ 31/ 8- a'1
Date
shid. oz51
Date
Thomas Hedegard Date
Deputy City Manager
Salvador Navarrete Date
City Attorney
S hen J. Salvatore
to • 24. 1-
Date
City Manager
77 RESOLUTION NO. 24 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING OUT-F- STATE TRAVEL FOR TWO ( 2) LATHROP POLICE DEPARTMENT STAFF TO ATTEND THE 24PET' S USER SOFTWARE
CONFERENCE IN LAS VEGAS, NEVADA FROM SEPTEMBER 24, 2024 TO SEPTEMBER 26, 2024
WHEREAS, the City of Lathrop Police Department' s
Animal Center ( Animal
Center) utilizes 24Pet' s Chameleon software as the Animal Center' s Integrated Shelter Case Management Software ( CMS); and
WHEREAS, the software is used to help manage and streamline our animal center' s day to day activities including animal licensing, vaccination records, bite reports, and kennel tracking; and
WHEREAS, attending the 24Pet' s User Software Conference will provide valuable training on the software updates and networking opportunities that connect our department staff with other professionals who use the same software; and WHEREAS, this training and connections can lead to collaboration, partnerships, and sharing of best practices that will benefit and help our animal center operations be more efficient and effective; and
WHEREAS, staff will be able to work with the software developers to find out what changes or updates may be coming for the CMS; and
WHEREAS, the cost for two police department staff members to attend the 24Pet' s User Software Conference is estimated to be $ 2, 600. There are sufficient funds in the adopted FY 24-5 Budget.

NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve the out-f- state travel for two ( 2) Lathrop Police Department staff members to attend the 24Pet' s User Software Conference in Las Vegas, Nevada from September 24, 2024 through September 26, 2024. 78 The foregoing resolution was passed and adopted this 12th day of August 2024, by the following vote of the City Council, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS Tq FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 79 ATTACHMENT B
Date and time
Q Search events 9 Salida
24Pet; Pet
by * PetPtace
Software User
Conference
Tuesday, September 24
Las Vegas j September 24 - 26, 2024
24Pet' sSoftware User Conference 2024
Join us September 24-6, 2024, for the Software User Conference at The LINQ Hotel in Las Vegas! By 24Pet 24 followers
24 followers
e' Starts on Tue, Sep 24, 2024 9: 00 AM PDT
Location
80 Show map v
Agenda
z 2024 Day Two - Sept 25, 2024 Day Three - Sept 26, 2024 9: OOAM- 10: 30AM
Joint Session: Kickoff & Welcome
Matt Ulrich
10:5AM- 11: 45AM
Chameleon Track: How do I Use Chamelon more Effectively 10:5AM- 11: 45AM
PetPoint Track: Reporting: using excel to manuipulate our reports (Beginner) 11: 45 AM - 1: 30 PM
Break
1: 30 PM - 2: 45 PM
PetPoint Track: PetPoint' sHidden Gems
3: 00 PM 4: 30 PM
Chameleon Track: Diversion programs and Scheduled Intake 3: 00 PM - 4: 30 PM
PetPoint Track: Stage Reporting from a Client perspective 5: 30 PM - 7: 30 PM
Reception
1: 30 PM - 2: 45 PM
Chameleon Track: Five Minute Fun Facts
Collapse agenda
81 Show map v
Agenda
Day One - Sept 24, 2024 Day Three - Sept 26, 2024
9: OOAM- 10:5 AM
Chameleon Track: PostMaster
9: OOAM- 10:5 AM
PetPoint Track: PetPlace as a whole - Applications, Services, L&F 10: 30 AM- 11: 45 AM
Chameleon Track: Using Postmaster to interface with your community 10: 30 AM - 11: 45 AM
PetPoint Track: Approach to Medical
11: 45AM- 1: 30PM
Break
1: 30 PM - 2: 45 PM
Chameleon Track: Statistics and Reporting
1: 30 PM - 2: 45 PM
PetPoint Track: Approach to Medical v2
3:0 PM - 4:5 PM
Chameleon Track: Licensing/ Pipeline
3:0 PM - 4: 30 PM
PetPoint Track: Let' s get configured!
Collapse agenda
82 Show map v
Agenda
Day One - Sept 24, 2024 Day Two - Sept 25, 2024
9: 00 AM- 10:5 AM
Roundtable Discussions
10: 30 AM - 11: 45 AM
Roundtable Discussions
12: 00 PM
Conference Concludes
About this event
G Event lasts 2 days 6 hours
With curated PetPoint and Chameleon tracks, superusers will have the opportunity to learn from engaging speakers, network, and of course, talk all things shelter management! If you believe in continuous learning and are looking for resources to help build your organization' sefficiency - this conference is for you! Must be a current user of either software to attend.

Agenda is subject to change.

Pe
A 24Pet Company
83 PAGE LEFT

INTENTIONALLY
BLANK
84 ITEM 4. 9

CITY MANAGER' S REPORT
AUGUST 12, 2024 CITY COUNCIL REGULAR MEETING
ITEM: APPROVAL OF OUT-F- STATE TRAVEL FOR TWO ( 2)
LATHROP POLICE DEPARTMENT STAFF AND TWO ( 2)

INFORMATION SYSTEMS DEPARTMENT ( ISD) STAFF

TO ATTEND THE RIMSCON CONFERENCE IN OCTOBER
2024
RECOMMENDATION: Adopt Resolution Approving Out -of -State Travel for two (2) Lathrop Police Department Staff and two (2)
Information Systems Department ( ISD) Staff to
Attend the RIMSCON 2024 Conference in South Lake
Tahoe, Nevada from October 7, 2024 to October 11,
2024 and Approving Related Budget Amendment
SUMMARY:

The City of Lathrop Police Department ( LPD) utilizes RIMS by Sun Ridge Systems RIMS) as the police department' s Computer Aided Dispatch ( CAD) software. The system assists with dispatching officers and non - sworn personnel to calls for service.

Participation in the RIMSCON 2024 Conference will provide training to our police department and ISD staff on any system updates and changes, to be more proficient in RIMS, learn different shortcuts, receive answers from the subject matter experts, and to be able to train staff on how to navigate the system efficiently.

The cost for four ( 4) staff members to attend the RIMSCON 2024 Conference is estimated at $ 9, 200. There are sufficient funds in the adopted FY 24-5 Police Department budget to cover the $ 4, 600 cost of the training for LPD' stwo ( 2) staff members; however, a budget amendment will be required from the General Fund to the ISD Training and Travel Account ( 1010-7- 20- 435- 00) to cover the $ 4, 600 for their two ( 2) staff members to attend. Staff recommends City Council approve the out-f- state travel for two ( 2) Lathrop Police Department staff and two ( 2) ISD staff to attend RIMSCON 2024 Conference in South Lake Tahoe, Nevada from October 7, 2024 to October 11, 2024 and approve the related budget amendment.

BACKGROUND:

The City of Lathrop Police Department utilizes RIMS by Sun Ridge Systems as the police department' s Computer Aided Dispatch ( CAD) software. RIMS assists with dispatching officers and non - sworn personnel to calls for service, to prioritize and record incident calls, and to identify status and locations of responders out in the field.

Other features in RIMS include the ability for LPD staff to create and submit case and accident reports, store all agency subpoenas, citations, and offender information, electronically transfer mandated data to the Department of Justice, and interface with 85 86
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ITEM 4. 10

CITY MANAGER' S REPORT
AUGUST 12, 2024 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE REPLACEMENT OF THE SOUTH LATHROP

COMMERCE CENTER BONDS ASSOCIATED WITH THE

SUBDIVISION IMPROVEMENT AGREEMENT FOR
PARCEL MAP 17- 01
RECOMMENDATION: Adopt Resolution Approving Replacement of the South Lathrop Commerce Center Bonds Associated
with the Subdivision Improvement Agreement for
Parcel Map 17- 01
SUMMARY:

South Lathrop Land, LLC ( SLL), the developer for the South Lathrop Commerce Center ( SLCC) Project, has substantially completed the public improvements associated with their Subdivision Improvement Agreement ( SIA) for Parcel Map ( PM) 17- 01, dated September 10, 2018. An exhibit of the remaining areas to improve is included as Attachment " B" and an engineer' s
estimate of the remaining
improvements is included as Attachment " C".

SLL has requested that the performance bond and the labor & material bond be replaced by bonds that reflect the cost of the remaining public improvements.

Staff requests City Council approve the release of the original bonds provided with the SIA for PM 17- 01 and replace them with new bonds provided by SLL.

BACKGROUND:

On July 20, 2015, the South Lathrop Specific Plan ( SLSP) was adopted by City Council and annexed into the City of Lathrop on June 14, 2016. The SLSP annexation includes a 99 -acre portion of the Lathrop Gateway Business Park Specific Plan and encompasses a 315 -acre area that includes commercial office uses, limited industrial uses, and open space.

On April 18, 2016, City Council approved SLCC Vesting Tentative Parcel Map ( VTM) No. 15- 94 with Conditions of Approval ( COAs) for development consistent with SLSP.

The SLCC Project is generally located at the southeast portion of the City limits bounded by State Route 120 to the north, San Joaquin River to the west, and the Union Pacific Railroad to the south.

On January 13, 2020, City Council accepted various offsite improvements from SLL that were constructed in accordance with their SIA and Development Agreement DA), including backbone infrastructure improvements, a regional outfall structure, a storm drain pump station, a sanitary sewer pump station, a traffic signal, and highway interchange improvements. On September 12, 2022, Council accepted the 105
CITY MANAGER' S REPORT PAGE 2
AUGUST 12, 2024 CITY COUNCIL REGULAR MEETING

APPROVE REPLACEMENT OF THE SOUTH LATHROP COMMERCE CENTER

BONDS ASSOCIATED WITH THE SUBDIVISION IMPROVEMENT AGREEMENT FOR PARCEL MAP 17- 01
landscape improvements from SLL associated with their SIA. On June 10, 2024, City council accepted additional landscape improvements from SLL associated with Encroachment Permit ( EP) 23- 156 that were constructed in accordance with their SIA.

The majority of the public improvements associated with the SIA for PM 17- 01 are complete. SLL has requested for the performance and labor & material securities that were provided with the SIA for PM 17- 01 be released and replaced as detailed in Table 1. The accepted improvements were removed from the bond amount estimate and Staff confirms that the proposed new bonds are sufficient to guarantee the remaining incomplete improvements.

The replacement performance bond ( CIC1945299) and the replacement labor and material bond ( CIC1945303) in the amounts shown in Table 1 below guarantee the remaining improvements. The replacement bonds will remain in place until all remaining improvements, as detailed in the SIA, are accepted by Council.

Table 1
SIA
Performance
Bond
SIA Labor and
Material Bond
Replacement
Performance
Bond
Replacement
Labor and
Material Bond
K13490624
27, 338, 889
K13490624
13, 669, 445
CIC1945299
1, 454, 383
CIC1945303
727, 191. 50
REASON FOR RECOMMENDATION:

Staff request Council approve the release of the original bonds provided with the SIA for PM 17- 01 and replace them with new bonds provided by SLL.

FISCAL IMPACT:

None.

ATTACHMENTS:

A. Resolution Approving Replacement of the South Lathrop Commerce Center Bonds Associated with the Subdivision Improvement Agreement for Parcel Map 17- 01
B. Exhibit of the remaining areas to improve in SLCC
C. Engineers Estimate of Remaining Improvements for SLCC 106
CITY MANAGER' S REPORT PAGE 3
AUGUST 12, 2024 CITY COUNCIL REGULAR MEETING

APPROVE REPLACEMENT OF THE SOUTH LATHROP COMMERCE CENTER

BONDS ASSOCIATED WITH THE SUBDIVISION IMPROVEMENT AGREEMENT FOR PARCEL MAP 17- 01
APPROVALS:

Bellal Nabizadah Date
Assistant Engineer
Brad tYaylor
City Engineer
Cari Ja
Finance Dir'- tor
S/ 2/ ZoZy
Date
3/ sAb24
Date
8 •s• 2ozy
Michael King Date
Assistant City Manager
Salvador Navarrete Date
City Attorney
Stephen J. Salvatore Date
City Manager
107
RESOLUTION NO. 24-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP

APPROVING REPLACEMENT OF THE SOUTH LATHROP COMMERCE CENTER

BOND ASSOCIATED WITH THE SUBDIVISION IMPROVEMENT AGREEMENT FOR PARCEL MAP 17- 01
WHEREAS, on July 20, 2015, the South Lathrop Specific Plan ( SLSP) was adopted by City Council and annexed into the City of Lathrop on June 14, 2016. The SLSP annexation includes a 99 -acre portion of the Lathrop Gateway Business Park Specific Plan and encompasses a 315 -acre area that includes commercial office uses, limited industrial uses, and open space; and
WHEREAS, on April 18, 2016, City Council approved South Lathrop Commerce Center ( SLCC) Vesting Tentative Parcel Map ( VTM) No. 15- 94 with Conditions of Approval ( COAs) for development consistent with SLSP. The SLCC Project is generally located at the southeast portion of the City limits bounded by State Route 120 to the north, San Joaquin River to the west, and the Union Pacific Railroad to the south; and WHEREAS, on January 13, 2020, City Council accepted various offsite improvements from South Lathrop Land, LLC ( SLL) that were constructed in accordance with their Development Agreement ( DA) and Subdivision Improvement Agreement ( SIA) for Parcel Map ( PM) 17- 01, including backbone infrastructure improvements, a regional outfall structure, a storm drain pump station, a sanitary sewer pump station, a traffic signal, and highway interchange improvements; and WHEREAS, on September 12, 2022, Council accepted the landscape improvements from SLL associated with their SIA. On June 10, 2024, City council accepted additional landscape improvements from SLL associated with Encroachment Permit ( EP) 23- 156 that were constructed in accordance with their SIA; and WHEREAS, the majority of the public improvements associated with the SIA for PM 17- 01 are complete. SLL has requested for the performance and labor & material securities that were provided with the SIA for PM 17- 01 be released and replaced as detailed in Table 1. The accepted improvements were removed from the bond amount estimate and Staff confirms that the proposed new bonds are sufficient to guarantee the remaining incomplete improvements; and WHEREAS, the replacement performance bond ( CIC1945299) and the replacement labor and material bond ( CIC1945303) in the amounts shown in Table 1 below guarantee the remaining improvements. The replacement bonds will remain in place until all remaining improvements, as detailed in the SIA, are accepted by Council
108
Table 1
SIA
Performance
Bond
SIA Labor and
Material Bond
Replacement
Performance
Bond
Replacement
Labor and
Material Bond
K13490624
27, 338, 889
K13490624
13, 669, 445
CIC1945299
1, 454, 383
CIC1945303
727, 191. 50
and
WHEREAS, staff request Council approve the release of the original bonds provided with the SIA for PM 17- 01 and replace them with new bonds provided by SLL.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve replacing the original bonds associated with the SIA for PM 17- 01 as reflected in Table 1.
109
PASSED AND ADOPTED by the City Council of the City of Lathrop this 12th day of August 2024 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Sonny Dhaliwal, Mayor
ATTEST:

Teresa Vargas, City Clerk
APPROVED AS TO FORM:

Salvador Navarrete, City Attorney
110
PHASE

IIICONSTRUCTION FUTURE
PH
ASE 5`
rat
0\)" 0.

REG IONAL,/OUTFALL STRUCTURE
IER . pG
2 1,232
072
SF
BLDG
4 313.
496
SF
wayfair BLDG 135 1,
653
SF
10 29, 938
SF
41,0
RD CLEAN ENERGY REFUELING STATION8
276, 5585
SF
OPO
OCILP '\\
R
N
0 100
200 BLDG 9
144, 92
SF
ST
ORM
PUMP

TRIPOINT
400
SCKEY&: i'.200 'mACKASOmPS
Oct
111

ATTACHMENT
M
25223 010
5/ 23/024
JBM

REMAINING BACKBONE INFRASTRUCTURE ENGINEER' SESTIMATE

SOUTH LATHROP COMMERCE CENTER
City of Lathrop, California
PM 17- 01
Based on approved Improvement Plans and landscape plans prepared by MacKay & Somps and Ridge Landscape Architects
PHASE 3

ITEM QUANTITY UNIT DESCRIPTION UNIT PRICE AMOUNT
A. CONCRETE WORK

1. 23, 432 SF Concrete Sidewalk ( 6" Concrete) including ramps 7. 50 $ 175, 740 ESTIMATED TOTAL CONCRETE WORK: $ 175, 740
B. MISCELLANEOUS CONSTRUCTION

1. 47,39 SF Street Landscape ( Building 2 and Building 4 9. 70 $ 460, 158 frontage)
ESTIMATED TOTAL MISC. CONSTRUCTION: $ 460, 158

SUMMARY
B CONCRETE WORK $ 175, 740
F MISCELLANEOUS CONSTRUCTION $ 460, 158
ESTIMATED TOTAL CONSTRUCTION COST: $ 635, 898
CONTINGENCIES @10% $ 63, 590
Total Phase 3 cost $ 699, 488
112
25223. 010
5/ 23/024
JBM

FUTURE PHASE

ITEM QUANTITY UNIT DESCRIPTION UNIT PRICE AMOUNT
A. CONCRETE WORK
1 26, 009 SF Concrete Sidewalk ( 6" Concrete) 7. 50 $ 195, 070 ESTIMATED TOTAL CONCRETE WORK: $ 195, 070
B. MISCELLANEOUS CONSTRUCTION
1 50, 639 SF Street Landscape 9. 70 $ 491, 198
ESTIMATED TOTAL MISC. CONSTRUCTION: $ 491, 198

SUMMARY
B CONCRETE WORK $ 195, 070
F MISCELLANEOUS CONSTRUCTION $ 491, 198
ESTIMATED TOTAL CONSTRUCTION COST: $ 686, 28
CONTINGENCIES @10% $ 68,27
Total Future Phase cost $ 754, 895
113
25223. 010
5/ 23/024
JBM
NOTES

1. This estimate is prepared as a guide only and is subject to possible change. It has been prepared to a standard of accuracy which, to the best of our knowledge and judgment, is sufficient to satisfy our understanding of the purposes of this estimate. MacKay & Somps makes no warranty, either expressed or implied, as to the accuracy of this estimate.

It is assumed that all improvements will be installed with one phase of construction. Building in two or

2. several phases will increase this cost slightly.

Costs presented herein are based on bids received from Teichert ( sidewalk, dated 10/ 6/ 2021) and Grover

3. Landscape Services, Inc. dated 11// 2019. No provision has been made for inflation Prepared by the firm of

MACKAY & SOMPS
114
ITEM 4. 11

CITY MANAGER' S REPORT
AUGUST 12, 2024 CITY COUNCIL REGULAR MEETING
ITEM:

RECOMMENDATION:

APPROVE AGREEMENTS WITH EKI
ENVIRONMENT & WATER, INC. AND DE NOVO
PLANNING GROUP, INC. FOR COMPLETION OF

THE INTEGRATED WATER RESOURCES MASTER
PLAN AMENDMENT, CIP PW 22- 19 AND CIP
WW 22-4 AND APPROVE BUDGET

AMENDMENT
Adopt Resolution Approving Professional
Service Agreements with EKI Environment &
Water, Inc. and De Novo Planning Group, Inc.
for Completion of the Integrated Water
Resources Master Plan Amendment and CEQA
Compliance, CIP PW 22- 19 & CIP WW 22-4
and Approve Budget Amendment
SUMMARY:

The Integrated Water Resources Master Plan ( IWRMP) is necessary to implement the City' s
General Plan and supports utility operations, budget, and rate studies. The Master Plan is also the basis for CIP programming, developing land use planning and development fees. On April 11, 2022, Council approved an agreement with Environment & Water, Inc. (EKI) to update the IWRMP. While significant progress has been made thus far, additional services from EKI are needed to complete the IWRMP Amendment due to unanticipated changes in scope including changes in the City' s planned expansion of the recycled water system.

Staff is requesting that Council approve a Professional Services Agreement ( PSA) with EKI in the amount of $83, 100 to provide additional services needed to complete the IWRMP Amendment. In addition, staff is requesting approval of a PSA with De Novo Planning Group, Inc., (De Novo) to prepare an Addendum to the IWRMP Environmental Impact Report ( EIR) in the amount of $ 17, 800.

Sufficient funds were not included in the adopted FY 24/5 budget for CIP WW 22-

24. Staff requests that Council approve a budget amendment in the amount of 100, 00 allocating $ 94, 533 from the MBR Capital Replacement Fund 6110 and 5, 467 from the Wastewater Capital Replacement Fund 6060 enterprise funds to CIP WW 22-4 as detailed below in the Fiscal Impact section.

BACKGROUND:

The IWRMP will forecast and update the water and sewer demand projections and address modifications in regulatory requirements, population and growth projections, 115
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ITEM 4. 12

CITY MANAGER' SREPORT
AUGUST 12, 2024 CITY COUNCIL REGULAR MEETING
ITEM: AWARD ADDITIONAL SCOPE OF WORK TO D. L. FALK

CONSTRUCTION FOR THE POLICE EVIDENCE
BUILDING, CIP GG 21- 13
RECOMMENDATION: Adopt Resolution Awarding Additional Scope of Work to D. L. Falk Construction for the Police Evidence
Building, CIP GG 21- 13
SUMMARY:

The City of Lathrop is currently under contract with D. L. Falk Construction ( D. L. Falk) for construction of Capital Improvement Project ( CIP) GG 21- 13 Lathrop Police Evidence Building ( Project).

Installation of additional security measures were required for the Evidence Building.

The City therefore requested and received from D. L. Falk Proposed Change Orders PCOs) for the additional security work to be installed or constructed, summarized below in Table 1.

The cost for D. L. Falk to construct the security improvements is $ 147, 772. The authorized construction contingency has been exhausted, leaving insufficient funds to complete the remaining work on the Project. Therefore, staff requests City Council approve the award of the additional scope of work for $ 147, 72 to D. L. Falk for the installation of the necessary security measures and approve the increase of the construction contract budget for the Project to $ 6, 191,72.

BACKGROUND:

On June 12, 2023, City Council awarded a construction contract to D. L. Falk for 5, 494, 000, with a 10% contingency of $ 549, 400, for a total contract budget of 6, 043, 400. The Project improvements included the construction of the Police Evidence Building and adjacent frontage and hardscape improvements.

Additional security measures for the Evidence Building are needed, consisting of additional steel fencing, concrete flatwork, power and data wiring and crash -rated vehicle bollards. The steel fencing will provide a secondary layer of impediment to unauthorized entry, while the bollards will prevent the use of a vehicle to force entry into the building. Additional power and data wiring will expand the network of electronic locking and alarm coverage for this building, which is subject to Homeland Security requirements for secured public facilities.

The installation of the additional security measures is exempt from bidding as another contract would interfere with D. L. Falk' s originally awarded scope of work. 155
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ITEM 4. 13

CITY MANAGER' SREPORT
AUGUST 12, 2024 CITY COUNCIL REGULAR MEETING
ITEM: AWARD CONSTRUCTION CONTRACT TO
CONSOLIDATED ENGINEERING, INC. FOR
CONSTRUCTION OF CIP PS 23- 18 MCKINLEY AVENUE

PAVEMENT REHABILITATION, APPROVE BUDGET

AMENDMENT, APPROVE PROGRAM SUPPLEMENT

AGREEMENT WITH CALTRANS, AND AUTHORIZE CITY

MANAGER TO EXECUTE THE AGREEMENT
RECOMMENDATION: Adopt Resolution to Award a Construction Contract to Consolidated Engineering, Inc. for Construction of
CIP PS 23- 18 McKinley Avenue Pavement
Rehabilitation, to Approve Budget Amendment, to
Approve a Program Supplement Agreement with
Caltrans, and to Authorize the City Manager to
Execute the Agreement
SUMMARY:

On April 10, 2023, City Council approved the creation of Capital Improvement Project CIP) PS 23- 18 McKinley Avenue Pavement Rehabilitation ( Project) to repair the deteriorated pavement surface on McKinley Avenue from Louise Avenue to Yosemite Avenue. The scope of work entails reconstructing the road' s structural section, wearing course, and installation of new striping.

The bid solicitation package with plans and specifications for the construction of the Project was advertised on June 8, 2024, in accordance with Bidding Procedures in California Public Contract Code ( PCC) 22160 and Lathrop Municipal Code ( LMC)

2. 36. 060. The City Clerk received and opened eleven ( 11) bids on August 1, 2024.

Based on the review and evaluation of the bids, the lowest responsive and responsible bidder for construction of the Project was determined to be Consolidated Engineering, Inc. (Consolidated Engineering) with a bid of $ 1, 093, 858.

Staff requests City Council award a construction contract to Consolidated Engineering for construction of the Project in the amount of $ 1, 093, 858 and authorize a 15% construction contingency of $ 164, 080 for a total construction budget of $ 1, 257, 938.

The City was approved to receive $ 1, 580, 391 of federal funds for construction of the Project. The California Department of Transportation ( Caltrans) requires the execution of a Program Supplement Agreement ( PSA) for the City to be eligible to receive this federal funding. The City received PSA No. F013 ( Attachment C) that must be executed prior to requesting reimbursement of federal funding. 169
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ITEM 4. 14

CITY MANAGER' S REPORT
AUGUST 12, 2024 CITY COUNCIL REGULAR MEETING
ITEM:

RECOMMENDATION:

AWARD THREE ( 3) MASTER PROFESSIONAL

CONSULTING SERVICE AGREEMENTS TO
4LEAF, INC., BPR CONSULTING GROUP LLC,
AND TRB AND ASSOCIATES, INC., AND
APPROVE THREE ( 3) TASK ORDERS FOR EACH,

TO PROVIDE PLAN REVIEW SERVICES,

BUILDING INSPECTION SERVICES, AND

PERMITTING SERVICES TO THE BUILDING

DEPARTMENT
Adopt Resolution Awarding Three ( 3) Master
Professional Consulting Service Agreements to
4LEAF, Inc., BPR Consulting Group LLC, and
TRB and Associates, Inc., and Approving Three
3) Task Orders for Each, to Provide Plan
Review Services, Building Inspection Services,
and Permitting Services to the Building
Department
SUMMARY:

Construction and development activity related to capital improvement, private land development, residential, commercial, and industrial projects, has seen a significant increase in the Building Department, with an influx in permit submittals that require plan review. To efficiently manage the workload for plan review, and ensure timely service delivery, the Department relies on external professional consulting services for Plan Review Services, Building Inspection Services, and Permitting Services.

In order to streamline operations and enhance service quality in the Building Department, Staff is requesting City Council approve the following:

Award three ( 3) Master Professional Consulting Service Agreements, each with an initial term of one ( 1) year to the following Consulting Agencies:
4LEAF, Inc.

BPR Consulting Group LLC
TRB and Associates, Inc.

Approve three ( 3) Task Orders for each agreement. These agreements will cover the following services:

1. Plan Review Services - Comprehensive review of construction plans to ensure compliance with Building Codes and Regulations

2. Building Inspection Services - As -Needed, On - Site Inspections to verify compliance with Approved Plans and Applicable Codes during various stages of construction

3. Permitting Services - As -Needed, On -Site Permitting Services to complete assigned projects and tasks in the Building Department 197
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ITEM 5. 1

CITY MANAGER' SREPORT
AUGUST 12, 2024 CITY COUNCIL REGULAR MEETING
ITEM: APPOINTMENT OF VOTING DELEGATE/ ALTERNATE
FOR THE 2024 LEAGUE OF CALIFORNIA CITIES

ANNUAL CONFERENCE
RECOMMENDATION: Approve Appointment of the City' s Voting Delegate and Alternate for the 2024 League of California
Cities Annual Conference, October 16-8, 2024, at
the Long Beach Convention Center
BACKGROUND:

Each year, the League of California Cities ( League) holds an Annual Conference and business meeting to decide League policy for the upcoming year. This year, the Conference will be held at the Long Beach Convention Center in Long Beach, California, October 16-8, 2024.

League membership considers and takes action on Resolutions that establish League policy. In order for cities to vote at the Annual Business Meeting, the City Council of each corresponding member jurisdiction must designate a voting delegate. Each city may also appoint up to two alternate voting delegates, one of whom may vote in the event that the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.

Additionally, all delegates must be registered to attend the Annual Conference.

Vice Mayor Diallo, and Councilmembers Akinjo, and Torres -O' Callaghan have registered for this year' s
Annual Conference. The City Council as a whole may vote to assign the City of Lathrop voting delegate and alternate( s). Therefore, staff is requesting that the City Council discuss and formally approve a voting delegate and alternate( s) to participate in the General Assembly at the 2024 League Annual Conference representing the City of Lathrop.

The deadline to submit Resolutions, 60 days prior to the opening of the Annual Conference, is August 17, 2024. The general Resolutions to be voted on during the Conference are expected to be distributed to city officials and posted on the League website site. However, if none are submitted, a petitioned Resolution can still be submitted during the Annual Conference and would need to be considered and voted on during the business meeting.

Information regarding the 2024 Annual Conference schedule can be found on the League website at:
conference- and- expo.
https:// www. calcities. org/ detail- pages/ event/ 2024/ 106/ default- calendar/ annualInformation regarding the Resolutions and the General Assembly can be found on the League website at:
https:// www. calcities. org/ advocacy/ resolutions- and- the- general- assembly. 781

CITY MANAGER' S REPORT
AUGUST 12, 2024 CITY COUNCIL MEETING
VOTING DELEGATE FOR 2024 LEAGUE ANNUAL CONFERENCE
REASON FOR RECOMMENDATION:

PAGE 2
The Resolutions process and the approval by the General Assembly during the Annual Conference become the official League of California Cities policy. Therefore, by participating the City remains informed and participates in the policy decision - making process for the League of California Cities.

FISCAL IMPACT:

Funds are available in the City Council Training & Travel expense account for new Fiscal Year 2024-5. Typically, funds are set aside for Councilmembers to attend this event in person at an estimate cost of $ 3, 530, per person, which may include:

Conference Registration Fee $ 650
Hotel - approximately $ 485 per night ( x4 nights)
Meals - approximate $ 100 per day
Airfare - $ 440
Transportation - $ 100
This trip is subject to reimbursements and allowance set in the new Travel Policy adopted by Resolution No. 22- 5112, unless amended by Council action.

ATTACHMENTS:

A. 2024 Voting Delegate Packet
782

CITY MANAGER' SREPORT
AUGUST 12, 2024 CITY COUNCIL MEETING
VOTING DELEGATE FOR 2024 LEAGUE ANNUAL CONFERENCE
APPROVALS:
resa Vargas
Government Services Director/
City Clerk
go
Cari Ja s
Financ birector
Date
7Nid/
3// 40S2z7Z
PAGE 3
Date
7- 31- toZy
Salvador Navarrete Date
City Attorney
St' p en J. Salvatore Date
City Manager
783
14 LEAGUE OF
k

CALIFORNIA
CITIES
ATTACHMENT" A "
Council Action Advised by September 25, 2024
DATE: Wednesday, July 10, 2024
TO: Mayors, Council Members, City Clerks, and City Managers RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference and Expo, Oct. 16-8, 2024 Long Beach Convention Center
Every year, the League of California Cities convenes a member -driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.

Taking place on Oct. 18, the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.

To cast a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.

Action by Council Required. Consistent with Cal Cities bylaws, a city' svoting delegate and up to two alternates must be designated by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone.

Following council action, please submit your city' sdelegates through the online submission portal by Wed., Sept. 25. When completing the Voting Delegate submission form, you will be asked to attest that council action was taken. You will need to be signed in to your My Cal Cities account when submitting the form.

Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/ alternaterecords prior to the conference and provide pre -conference communications with voting delegates.

Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration is open on the Cal Cities website.
1 , 1(4) K Sties t, Suite 400 Sc7cran e 0o, CA 95814 = 916. 658 X200 1I( i1ies. O11 784

LEAGUE OF

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For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly.

Please view Cal Cities' event and meeting policy in advance of the conference.

Transferring Voting Card to Non -Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official.

Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

The voting delegate desk, located in the conference registration area of the Long Beach Convention Center in Long Beach, will be open at the following times: Wednesday, Oct. 16, 8: 00 a. m.- 6: 00 p. m. and Thursday, Oct. 17, 7: 30 a. m.- 4: 00 p. m. On Friday, Oct. 18, the voting delegate desk will be open at the General Assembly, starting at 7: 30 a. m., but will be closed during roll calls and voting.

The voting procedures that will be used at the conference are attached to this memo.

Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city' svoting delegate and alternates.

Once again, thank you for submitting your voting delegate and alternates by Wednesday, Sept. 25. If you have questions, please contact Zach Seals at zseals@calcities. orq.

Attachments:

General Assembly Voting Guidelines
Information Sheet: Cal Cities Resolutions and the General Assembly 1400 K Street, Suiie 400 Sacramento, CA 95814 916. 658. 8200 calcities. orel 785
Ilk LEAGUE OF

CALIFORNIA
CITIES
General Assembly Voting Guidelines

1. One City One Vote. Each member city has a
right to cast one vote on
matters pertaining to Cal Cities policy.

2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.

3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city' svoting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.

4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates ( or alternates), and who have picked up their city' svoting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.

5. Voting. To cast the city' svote, a city official must have in their possession the city' svoting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.

6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.
1400 K Street, Suite 400, Sacramento,
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LEAGUE OF

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How it works: Cal Cities
Resolutions and the General Assembly
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure Cal Cities represents cities with one voice. These policies directly guide Cal Cities' advocacy to promote local decision - making, and lobby against statewide policies that erode local control.

The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here' show resolutions and the General Assembly work.

General Resolutions
Sixty days before the
Annual Conference
and Expo, Cal Cities
members may submit
policy proposals on
issues of importance
to cities. The resolution must
have the concurrence of at least
five additional member cities or
individual members.

Petitioned Resolutions
The petitioned
resolution is an
alternate method
to introduce policy
proposals during
the annual conference. The
petition must be signed by
voting delegates from 10% of
member cities, and submitted to
the Cal Cities President at least
24 hours before the beginning
of the General Assembly.

General Assembly
Policy Committees
The Cal Cities
President assigns
general resolutions
to policy committees
where members
review, debate, and recommend
positions for each policy proposal.

Recommendations are forwarded
to the Resolutions Committee.

Resolutions Committee
The Resolutions
Committee considers
all resolutions. General
Resolutions approved' by
either a policy committee
or the Resolutions Committee are next
considered by the General Assembly.

General resolutions not approved, or
referred for further study by both a
policy committee and the Resolutions
Committee do not go to the General
Assembly. All Petitioned Resolutions
are considered by the General
Assembly, unless disqualified. 2
During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions
Committee. Potential Cal Cities bylaws
amendments are also considered at this meeting.

Who' swho
Cal Cities policy
development is a member -
informed process,
grounded in the voices and
experiences of city officials
throughout the state.

The Resolutions Committee
includes representatives
from each Cal Cities
diversity caucus, regional
division, municipal
department, and policy
committee, as well as
individuals appointed by
the Cal Cities president.

Voting delegates
are appointed by each
member city; every city
has one voting delegate.

The General Assembly is a
meeting of the collective
body of all voting
delegates — one from
every member city.

Seven policy committees
meet throughout the year
to review and recommend
positions to take on bills
and regulatory proposals.

Policy committees include
members from each Cal
Cities diversity caucus,
regional division, and
municipal department,
as well as individuals
appointed by the Cal
Cities president.

The Resolution Committee can amend a general resolution prior to sending it to the General Assembly.

Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5( f).

For more information visit www. calcities. ora/ general- assembly 787

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ITEM 6. 1

CITY MANAGER' SREPORT
AUGUST 12, 2024 CITY COUNCIL REGULAR MEETING
ITEM: MAYOR DHALIWAL REFERRAL ANNOUNCE

UNSCHEDULED VACANCY TO THE MEMBER

REPRESENTING LATHROP ON THE SAN JOAQUIN

COUNTY MOSQUITO VECTOR CONTROL DISTRICT
RECOMMENDATION: Set Application Deadline for One ( 1) Member to the San Joaquin County Mosquito & Vector Control
District Board of Trustees, with Term Ending
December 31, 2024, due to Unexpired Term
Vacancy Plus a Full Term of Four ( 4) Years, ending
December 31, 2029
SUMMARY:

San Joaquin County Mosquito and Vector Control District ( the District) is an independent special district formed pursuant to the California Health and Safety Code, Section 2000 et seq. An appointed Board of Trustees governs the District, with representatives from each incorporated city and the county at large. The District assists with managing mosquito populations at levels that reduce the risk of virus transmissions to humans and horses in urban, suburban, and rural areas.

The City of Lathrop is authorized to appoint one ( 1) representative to the Board of Trustees. Such member appointed by the city serves a term of four ( 4) years, and each subsequent reappointment may be for a term of two or four years. Members are expected to participate in regular meetings, as well as sub committees, as part of their duties. Meetings of the District are held on the third Tuesday of each month if the regular meeting date falls on a legal holiday, the meeting will be held the following Tuesday.

During the July 12, 2021, Lathrop City Council has appointed Ms. Hope Datoc as a Lathrop representative to serve on the San Joaquin County Mosquito & Vector Control District Board of Trustees, with a term ending December 31, 2024, due to an unexpired term vacancy.

On July 10, 2024, the City was informed that Ms. Datoc stepped down as a Trustee representing the City of Lathrop. An unscheduled term vacancy now exists for a Trustee representing the City. Therefore, tonight' s
referral is requesting the Council
to set the application deadline for one ( 1) member to the San Joaquin County Mosquito & Vector Control District Board of Trustees, with term ending December 31, 2024, due to the unexpired term vacancy, plus a full term of four ( 4) years, ending December 31, 2029.

ATTACHMENT:

A: San Joaquin County Mosquito and Vector Control District Fact Sheet 2024 SUBMITTED BY:
eresa Vargas, City Ierk De7/ 02,-/
789

ATTACHMENT A
San Joaquin County Mosquito and
Vector Control District Fact Sheet
Description
Per H&S Code § 2040 and § 2041, the district may take any and all necessary or proper actions to prevent vectors and vector borne diseases; take any and all necessary or proper actions to abate or control vectors and vector borne diseases; to purchase the supplies and materials, employ the personnel, and contract for the services that may be necessary or proper to carry out the purposes and intent of this chapter of the H&S Code.

Term Length 4 Years; Term Limit N/ A
Compensation
Per Health & Safety Code § 2030 (b), the members of the board of trustees may receive their actual and necessary traveling and incidental expenses incurred while on official business. In lieu of paying for actual expenses, the board of trustees may by resolution provide for the allowance any payment to each trustee a sum not to exceed one hundred dollars ($ 100) per month for expenses incurred while on official business.

Legal Authority
Resolution and Order of Consolidation adopted on January 22, 1980; Health & Safety Code § 2000-07, 2010-014, §2020-030, and § 2040-055; San Joaquin County Mosquito and Vector Control District Board of Trustees' Resolution 07/8- 3Adopted February 19, 2008 and Resolution R- 08- 236 Adopted April 29, 2008.

Membership Qualifications
11 Members: Three ( 3) members appointed by the Board of Supervisors; Eight (8) Members appointed by the incorporated cities. All members appointed by the Board of Supervisors will be required to attend training. Training dates and registration information will be provided by the Clerk of the Board upon appointment.

Residence Requirements
Each person appointed by the Board of Supervisors shall be a resident of that portion of the county that is within the district; each person appointed by a city council shall be a resident of that portion of the city that is within the district.

Voter Registration Requirements
Each person appointed by the Board of Supervisors shall be a voter in San Joaquin County; each person appointed by a city council shall be a voter in that city that is within the district.

Form 700 - Statement of Economic Interest Required Upon Appointment: Yes 790
San Joaquin County Mosquito and
Vector Control District Fact Sheet
Meeting Dates: 3rd Tuesday of each month at 1: 00 p. m.

Meeting Location
SJC Mosquito & Vector Control District Office
7759 S. Airport Way
Stockton, CA 95206
Website: www. slmosauito. 0rq
Board Liaison: Omar Khweiss, General Manager
Contact Address
SJC Mosquito & Vector Control District Office
7759 S. Airport Way ( Frontage Road)
Stockton, CA 95206
Contact Phone: (209) 982- 4675; Email: okhweiss( asimosauito. orq At the San Joaquin County Mosquito and Vector Control District, emphasis is placed on managing mosquito populations at levels that reduce the risk of virus transmissions to humans and horses in urban, suburban, and rural areas. The District programs include mosquito surveillance, tick surveillance and tick - borne disease testing, insect identification, education and community outreach, biological control, physical control, chemical control, and legal abatement.

San Joaquin County Mosquito and Vector Control District provides comprehensive vector surveillance and control services to enhance the public health and quality of life for the residents and visitors of San Joaquin County. As a locally controlled independent agency, we seek to fulfill our mission through the following commitments:

To utilize the most advanced administrative and operational technology available; To provide stewardship for public funds by stressing efficiency in our operations; To encourage citizen participation in achieving our mission; To educate the public regarding the health implications of disease transmitting pests; To provide services consistent with an awareness and concern for environmental protection; And lastly, to provide and maintain a safe and effective public health pest management program.

Mission Statement adopted by the Board of Trustees on May 21, 1996 791

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