The City of Lathrop (" City") is proposing to acquire the necessary land rights for the Harlan Road Realignment at Roth Road CIP PS 14- 04 Project.
Your properties located at 11338 S Harlan Rd and 116 Roth Rd, Lathrop, CA is within the project area, and is also identified by your county assessor as Parcel Nos. 196- 020-60 and 196- 020- 200.
Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and the California Relocation Assistance and Real Property Acquisition Guidelines require that each owner from whom the City purchases real property or an interest therein or each tenant owning improvements on said property be provided with at a minimum, a summary of the
Appraisal of the real property or interest therein, as well as the following information:
1. You are entitled to receive full payment prior to vacating the real property being purchased unless you have heretofore waived such entitlement. You are not required to pay recording fees, transfer taxes, or the pro rata portion of real property taxes which are allocable to any period subsequent to the passage of title or possession.
2. The City will offer to purchase any remnant( s) considered by the City to be an uneconomic unit( s) which is/ are owned by you or, if applicable, occupied by you as a tenant and which is/ are contiguous to the land being conveyed.
3. All buildings, structures and other improvements affixed to the land described in the referenced document( s) covering this transaction and owned by the grantor( s) herein or, if applicable, owned by you as a tenant, are being conveyed unless other disposition of these improvements has been made. The interest acquired is Permanent Public Right of Way Easements, Permanent Public Utility and Slope Easements, and Temporary Construction Easements. The property being purchased comprises 1, 731 SF Permanent Public Right of Way Easement, 4, 759 SF Permanent Public Right of Way Easement, 1, 076 SF Public Right of Way Easement 1,62 SF Permanent Public Utility and Slope Easement, 1,54 SF Permanent Public Utility and Slope Easement, 1, 566 SF Permanent Public Utility and Slope Easement, 1,64 SF Temporary Construction Easement, 1,54 SF Temporary Construction Easement, and 1, 586 SF Temporary Construction Easement.
4. The market value of the property being purchased is based upon a market value valuation which is summarized on the attached Appraisal Reports and such amount:
a. Represents the full amount of the appraisal of just compensation for the property to be purchased; b. Is not less than the approved appraisal of the fair market value of the property as improved; c. Disregards any decrease or increase in the fair market value of the real property to be acquired prior to the date of Appraisal caused by the public improvement for which the property is to be acquired or by the likelihood that the property would be acquired for such public improvement, other than that due to physical deterioration within the reasonable control of the owner or occupant; and
d. Does not reflect any consideration of or allowance for any relocation assistance and payments or other benefits which the owner is entitled to receive under an agreement with the City.
5. Pursuant to Code of Civil Procedure Section 1263. 025 should you elect to obtain an independent appraisal, the City will pay for the actual reasonable costs up to five thousand dollars ($ 5, 000) subject to the following conditions:
a. You, not the City, must order the appraisal. Should you enter into a contract with the selected appraiser, the City will not be a party to the contract;
b. The selected appraiser is licensed with the Bureau of Real Estate Appraisers ( BREA), formerly known as the Office of Real Estate Appraisers;
c. Appraisal cost reimbursement requests must be made in writing, and submitted to the Dokken Engineering at: 110 Blue Ravine Rd, Suite 200, Folsom, CA 95630 within ninety ( 90) days of the earliest of the following dates: (1) the date the selected appraiser requests payment from you for the appraisal; or, (2) the date upon which you, or someone on your behalf, remitted full payment to the selected appraiser for the appraisal. Copies of the contract ( if a contract 1629
CITY OF LATHROP
SUMMARY STATEMENT RELATING TO THE PURCHASE OF
REAL PROPERTY OR AN INTEREST THEREIN ( Cont.)
Form #)
EXHIBIT
8 - EX - 16 ( REV 3/ 2017)
was made), appraisal report, and the invoice for the completed work by the appraiser must be provided to the City concurrent with submission of the Appraisal Cost Reimbursement Agreement. The costs must be reasonable and justifiable.
6. The owner of a business conducted on a property to be acquired, or conducted on the remaining property which will be affected by the purchase of the required property, may be entitled to compensation for the loss of goodwill. Entitlement is contingent upon the owner' s ability to prove such loss in accordance with the provisions of Sections 1263. 510 and 1263. 520 of the Code of Civil Procedure.
7. If you ultimately elect to reject the City' s offer for your property, you are entitled to have the amount of compensation determined by a court of law in accordance with the laws of the State of California.
8. You are entitled to receive all benefits that are available through donation to the City of all or part of your interest in the real property sought to be acquired by the City as set out in Streets and Highways Code Sections 104. 2 and 104.2. 1630
YOUR PROPERTY/ YOUR TRANSPORTATION PROJECT
INFORMATIONAL BROCHURE
INTRODUCTION
This booklet was prepared for you as a
person who may potentially be affected by a proposed
public project. If it is your property that is affected, you may have wondered what will happen.
Who will contact you? What will you be paid for your property? Who will pay your moving costs? Will the City of Lathrop ( Agency) help you find a new place to live? Important questions like these require specific answers. We hope this booklet will answer some of your questions and present a better picture of our overall procedures.
WHY DOES A PUBLIC AGENCY
HAVE THE RIGHT TO BUY MY PROPERTY?
Our State and federal constitutions recognize the need for public agencies to purchase private property for public use, and provide appropriate safeguards to accomplish this purpose. State and federal constitutions and the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act, as amended, authorize the purchase of private property for public use and assure full protection of the rights of each citizen. The responsibility for studying potential sites for a
transportation project rests with a team of specially trained individuals selected to do this important job. Many months or even years are spent in preliminary study and investigation to consider possible locations for a project. Consideration of the environmental and social impacts are as much a part of location determination as engineering and cost. Participation by private citizens and public agencies is actively sought so that various views can be considered in the study process. The process may include public hearings and/ or workshops, which give persons an opportunity to express their views on the locations being considered. The Agency is composed of many specialists. Among these are:
Transportation Planners
These individuals determine methods and routes for the traveling public. This includes studies of existing traffic patterns, " origin -destination" surveys and user benefits. They also determine whether the proposed project location is economically sound. They research and analyze the effects produced by similar projects upon other communities.
Environmental Planners
These individuals evaluate the socio- economic and/ or environmental impacts, including traffic, noise and visual impacts of the proposed project.
1631
Design Engineers
These individuals recommend the type of transportation project which will be of the most benefit to the public. They prepare design plans which determine the properties needed for the project.
Relocation Specialists
These individuals perform early studies of the general needs of persons who may need to be relocated and the kind of replacement properties which may be required. A relocation impact analysis will be completed before the Agency requires anyone to move from their property. As a result of this team effort, the best possible location for a transportation facility is selected after
thorough social, economic, engineering, and environmental analyses, as well as consideration of expressed public concerns and desires. The goal is that the project provide the greatest public good and the least private injury or inconvenience while rendering the best possible service.
Transportation Surveyors
These individuals perform field surveys and monument property lines to delineate and map the Agency' sright of way needs. They are also authorized by law to enter real property to perform such tasks. It is the Agency' spolicy that owners and tenants of property will be notified prior to such surveys.
WHO WILL CONTACT ME?
One of the first persons you will meet is a Right of Way Agent performing the staff appraisal.
You will be afforded the opportunity to accompany the appraiser on the inspection of your property. At the time ofthe inspection the appraiser will also provide you with general project information. The appraiser will analyze your property and examine all of the features which contribute to its market value. Information about improvements you have made and any other special features that you believe may affect the market value of your property should be given to the appraiser to ensure he/ she has all the information you feel is relevant. It is the duty of the Agency to ensure that you receive fair market value as if you sold your property privately in the open market. The Agency cannot buy your property for more than it is worth, but it can and will assure you that you do not have to sell your property for less than its fair market value.
California law provides that the owner shall receive a
copy of the appraisal or asummary of the
valuation upon which the Agency' soffer is based. At the time the offer is made to purchase your property, you may obtain your own appraisal and the Agency will reimburse you up to $5, 000 for the actual, reasonable costs of obtaining an independent appraisal. A licensed State appraiser must perform your appraisal. Your Right of Way Agent will provide more information concerning this reimbursement at the time of the offer. 1632
WHAT ADVANTAGE IS THERE IN SELLING YOUR PROPERTY TO
THE AGENCY?
A real estate purchase by the Agency is handled in the same way as any private sale of property.
However, there can be financial advantages in selling to the Agency. The Agency will pay fair market value for your property. The Agency will also pay for the preparation of all documents, all title and escrow fees, a policy of title insurance, recording fees and such other fees as may be required for the conveyance of title to the Agency. Since this is a direct conveyance of real property from the property owner to the Agency, there are no real estate commissions involved, and the Agency will not recognize or pay any such real estate commissions. A private sale will usually cost thousands of dollars in sales expenses. There are no seller' s expenses in a purchase
by the Agency. Additionally, depending on your specific circumstances, you may be eligible for relocation payments and benefits when you move. These benefits are described in supplemental booklets which will be provided to you, should the Agency' sacquisition actually cause you to be displaced from your property.
WILL I BE PAID FOR LOSS IN VALUE TO MY REMAINING
PROPERTY?
When only a part of your property is needed for a project, every reasonable effort is made to ensure that you do not suffer damages to the remainder of your property. The total payment by the Agency will be for the property the Agency actually purchases and for any loss in market value to your remaining property. The determination of any loss in market value is an appraisal problem involving many variables. When this situation occurs, the Right of Way Agent will explain the effect of a partial acquisition on your remaining property.
MAY I RETAIN AND MOVE MY HOME, BUSINESS BUILDING,
MACHINERY, OR EQUIPMENT?
If your house is movable and you wish to make such an arrangement, the Agency will pay you on the basis of the market value of your present lot including landscaping, plus the reasonable cost of moving the building. There are cases where, because of age, size or condition of the house, the cost of moving it would exceed its present market value, less its salvage value. In such a case, payment of moving costs would, of course, be an unwise expenditure of public funds. If you operate a farm or business, you may wish to keep and move fixed machinery and equipment.
Additionally, as an owner of a business conducted on the property to be purchased, you may be entitled to compensation for a loss of business goodwill. Your specific circumstances will need to be analyzed on a case - by -case basis. If any of these concepts are applicable to your situation, they will be explained by the Right of Way Agent assigned to purchase your property. 1633
WILL I HAVE TIME TO SELECT ANOTHER HOME AFTER THE
AGENCY MAKES ITS PURCHASE?
The Agency starts to appraise properties early enough so that you will have ample time to move prior to project construction. Like any other real estate transaction, it requires time to close an escrow after a
right of way contract and deed have been signed. You will not be required to move until reasonable, decent, safe and sanitary replacement housing is available. Once you have received the written offer to purchase your property from the Agency, it is in your best interest to look for a new place to live as soon as possible. Finding a home early that best suits your needs before you are required to move will minimize your personal inconvenience and will avoid having to make a choice of housing under pressure. In some instances you may be able to sell your property to the Agency and rent back temporarily pending construction. The Agency also offers to provide you with assistance in finding a new place in which to live. The Agency will give you at least 90 days notice in writing before you are required to move.
WHAT HAPPENS TO THE LOAN ON MY PROPERTY?
After you and the Agency have agreed upon a price, a Right of Way Agent and/ or a title company will contact all other parties having an interest in the property. Payment to satisfy outstanding loans or liens will be made through a title company escrow as in the case in any real estate transaction.
WHAT WILL HAPPEN TO MY GI OR CAL -VET LOAN?
The Veterans Administration and the California Department of Veterans Affairs allow your veteran loan privileges to be transferred and to become available for coverage on another property. Your Right of Way Agent will assist you in the transfer. However, it is to your benefit and your responsibility to check with the Veterans Administration or the California Department of Veterans Affairs for procedural instructions.
IF THE VALUE OF MY PROPERTY IS HIGHER TODAY
THAN WHEN I PURCHASED IT, DO I HAVE TO PAY INCOME
OR CAPITAL GAINS TAX ON THIS DIFFERENCE
WHEN I SELL/ CONVEY TO THE AGENCY?
According to the Internal Revenue Service, the sale of property to a governmental agency for public purposes comes under the definition of an " involuntary conversion". In these cases, it is not necessary to pay income tax or capital gains tax ifthe money you receive is used to buy a similar property within a limited period of time. In every case, however, you should check with your local Internal Revenue Service office and/ or accountant. 1634
WILL I LOSE THE FAVORABLE PROPERTY TAX BASIS THAT I
NOW HAVE UNDER THE PROVISIONS OF PROPOSITION 13?
Section 2(d) of Article XIII- A of the California Constitution and Section 68, Rule 462. 5of the Revenue and Taxation Code generally provide that property tax relief shall be granted to any real property owner who acquires comparable replacement property after having been displaced by governmental acquisition or eminent domain proceedings. You will be given a copy of Rule 462. 5 with an attached page showing examples of how to calculate estimates of the tax relief you may be eligible for. These are only approximations. You must see your county Tax Assessor for a final determination.
Note: Revenue and Taxation Code Section 68, Rule 462. 5, G. 1 through G. 4, set forth time limits that may affect your eligibility to retain your favorable current real property tax status.
THE AGENCY' SRIGHT OF EMINENT DOMAIN.
An owner' srights are guaranteed by the federal and State constitutions and applicable federal and State laws. The principal right is that " Just Compensation" must be paid. The vast majority of our transactions are settled by contract. However, if the owner and the Agency cannot agree on the terms of sale, the Agency may resort to the eminent domain process to avoid delaying the project, and will ultimately initiate condemnation proceedings. The Agency will request authority from the California Transportation Commission ( Commission) to file a condemnation action in court. You will be given an opportunity to appear before the Commission to question whether public interest, necessity, planning and location require the proposed project and your property. The Commission does not hear arguments regarding valuation or just compensation.
Condemnation lawsuit documents are prepared by the Agency and filed with the court in the county where the property is located. The Summons and Complaint will then be served on all persons having a property interest in the parcel. The persons served must Answer the lawsuit within 30 days. Counsel for the parties will then prepare for trial, and the court will set dates for preliminary motions and the trial.
WHAT HAPPENS IN A CONDEMNATION TRIAL?
The purpose of the trial is to determine the amount of Just Compensation. Usually the trial is conducted before a
judge and jury. Both the property owner and Agency will have the opportunity to present evidence of value. The jury will determine the amount of compensation after being instructed as to the law by the judge. In those cases where the parties choose not to have a
jury, the judge will decide the amount of compensation. The Judgment is then prepared by counsel and signed by the judge. It will state that, upon payment of the amount of the verdict for the benefit of the property owner, title will be transferred to public ownership. When the Agency makes the payment as required by the Judgment, the Final Order of Condemnation is signed by the judge and recorded with the County Recorder' soffice. This finalizes the actual transfer of title.
1635
WHO PAYS THE CONDEMNATION TRIAL COSTS?
The Agency pays the costs of its attorney and its engineering and appraisal witnesses. It will also pay the jury fees and your recoverable costs allowed by law. The fee for filing your Answer with the court is an example of such costs. If the judge determines that the Agency' s offer of
settlement was unreasonable, while the demand of the property owner was reasonable as viewed in light of the evidence admitted at trial and the verdict, the property owner may receive litigation expenses such as their attorney' sfees. The Judgment is then prepared by counsel and signed by the judge.
IF I WANT A TRIAL, MUST I HAVE AN ATTORNEY AND EXPERT
WITNESSES?
Most property owners will be represented by an attorney, although they have the right to represent themselves. You may wish to consult your family attorney. If you do not have one, in many communities the yellow pages of the telephone directory will refer you to an attorney reference service. The local bar association may also provide a list of attorneys who may offer services in eminent domain proceedings. You and your attorney must decide what type of case you will present and what witnesses will be needed.
WILL I BE PAID ANY RELOCATION ASSISTANCE
BENEFITS EVEN THOUGH I GO TO COURT?
A decision to go to court has no effect on your right to relocation benefits. Payment of relocation benefits is administered separately from the condemnation action. You will be provided details of additional assistance to help displaced persons, businesses, farms or nonprofit organizations in finding, purchasing or renting, and moving to a new location. These are explained in various booklets prepared for homeowners, tenants, and business and farm operators and are made available by the Agency.
HOW LONG CAN I KEEP MY PROPERTY?
Continued use of your property usually depends on when construction must begin, including utility relocations, and the demolition and/ or clearance of buildings. If construction must begin before the trial, the Agency will seek a court order for early possession of your property.
In this regard the Agency will be required to deposit with the State Treasurer, the probable amount ofjust compensation, as determined by an appraisal as security for the value of the property rights it is seeking. The court will determine if the amount of money deposited is adequate. Once the deposit is made the owner may withdraw all or a portion of it at any time during the condemnation proceedings. The court may then grant to the Agency an order for early possession allowing the Agency to use the property for construction of the project.
To obtain an Order for Possession, the Agency will file a motion with the court and schedule a hearing 90 days after you and all occupants of the property are served with the motion papers ( 60 days if the property is unoccupied). You and the occupants, if any, will have 30 days to oppose the motion. Once the court grants an Order for Possession of the property, the Agency may 1636
obtain possession of the property 30 days after the owner and any occupants are served with the Order. Subject to the rights of any other persons having an interest in the property, you may withdraw all or part of the pre - Judgement deposit. If you do not make a withdrawal, the Agency will pay interest on the eventual court award, or agreed settlement sum from the time it legally occupied your property until the date of final payment to you. Interest will accrue at the applicable statutory rate until paid at the time of final settlement.
The Agency' sRight of Way Agent assigned to purchase your property will assist you in the transaction and will be available to answer any additional questions you may have.
DEFINITIONS
The language used in relation to eminent domain proceedings may be new to you. These are some terms you may hear and their general meaning.
Acquire - To purchase
Answer - The property owner' swritten reply, in appropriate legal form, filed with the court in response to the eminent domain complaint and as requested by the summons.
Compensation - The amount of money to which a property owner is entitled under the law for the purchase of their property and any related damages.
Complaint - The document filed with the court by the Agency which initiates an eminent domain proceeding.
Condemnation - The legal process by which a proceeding in eminent domain is accomplished.
Counsel - An attorney or attorneys.
Eminent Domain - The right of government to purchase private property for public use.
Fair Market value - The fair market value of the property taken is the highest price on the date of valuation that would be agreed to by a seller, being willing to sell but under no particular or urgent necessity for so doing, nor obliged to sell, and a buyer, being ready, willing and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available.
Final Order of Condemnation - The instrument which, when recorded, transfers title to public ownership.
Judgment - The court' sformal decision based on applicable law and the verdict.
Just Compensation - The measure of Just Compensation is Fair Market Value. 1637
Loss of business goodwill - A loss in the value of a business caused by the Agency' s acquisition of property that cannot be reasonably prevented by relocation of the business or the owner adopting prudent or reasonable steps that preserve the value of the business goodwill.
Parcel - Usually means the property that is being acquired.
Plaintiff - The public agency that desires to purchase the property.
Possession - Legal control; to have the right to use.
Property - The right or interest which an individual has in land, including the rights to use or possess. Property is ownership; the exclusive right to use, possess or dispose of a thing.
Right of Entry - An agreement between an owner and the Agency which allows the Agency to utilize the property while continuing to negotiate the terms of settlement.
Interest, calculated at the statutory rate, is included in the settlement upon conclusion of the transaction.
Summons - Notification of filing of a lawsuit in eminent domain and of the necessity to file answer or other responsive pleading.
Title - Legal ownership.
Trial - The hearing of the facts from a plaintiff and defendant in court of law, either with or without a
jury.
Verdict - The amount of just compensation to be paid for a property including any damages to the remainder, if applicable.
1638
CITY OF LATHROP
HARLAN ROAD REALIGNMENT AT ROTH ROAD PROJECT
TITLE VI PACKAGE
The Project proposed by the City of Lathrop will be receiving federal financial assistance. Pursuant to Title VI of the Civil Rights Act of 1964, no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. Other statutes provide protection against discrimination on the basis of sex, age or disability.
The enclosed Title VI Package is being provided for your information to further explain your rights.
The Package includes the following documents:
Title VI Booklet
Title VI of the 1964 Civil Rights Act and Related Statutes The U. S. Department of Commerce of the Census, Language Identification Flashcard Right of Way Title VI Survey Form with Self -Addressed Stamped Envelope Right of Way Title VI Discrimination Complaint Form
It is requested the Right of Way Title VI Survey form be completed and returned in the self- addressed stamped envelope.
If you read or speak a
language different than English, please write your name and address on the top of the page and check the appropriate box on the Language Identification Flashcard; or, if you believe you have been subjected to discrimination, please fill out the Right of Way Title VI Discrimination Complaint form and return to the following:
Jason Andrews, SR/ WA
Senior Right of Way Agent
Dokken Engineering
110 Blue Ravine Road, Suite 200
Folsom, CA 95630
1639
District
1 EqualOpportun Employment ity
EEO)
Office
1656
Union
Street
Eureka,
CA
95501
707)
445- 5318 District
2 EEO
Office
1657
Riverside
Drive
Redding,
CA
96001
530)
225- 3055 District
3 EEO
Office
703
B MarysvStreet ille,
CA
95901
530)
741-130 District
4 EEO P. OOffice Box
23660,
MS
6A
Oakland,
CA
94623
510)
286- 5871 District
5 EEO
Office
50 Higuera
Street
San
Luis
Obispo,
CA
93401
805)
549- 3037 District
6 EEO
Office
1352
West
Olive
Avenue
Fresno,
CA
93728
559)
444- 2522
District
7 EEO
Office
100
S.
Main
Street
Los Angeles,
CA
90012
213)
897- 0797 District
8 EEO
Office
464
West
4th
Street,
MS
1249
San
Bernardino,
CA
92401
909)
383- 6396 District
9 EEO
Office
500
S.
Main
Street
Bishop,
CA
93514
760)
872- 0752 District
10 EEO
Office
1976
East
Dr.
Martin
Luther
King
Blvd.
Jr. Stockton,
CA
95205
209)
948- 3911 District
11 EEO
Office
4050
Taylor
Street,
MS
251
San
Diego,
CA
92110
619)
688- 4249 District
12 EEO
Office
1750
East
4th
Street,
Suite
100
Santa
Ana,
CA
92705
657)
328- 6595
Headquarters Title
VI
Coordinator
1823
14th
Street,
MS
79 Sacramento,
CA
95811
916)
324- 8379
This publication will
be
made vailable a
in
alternative
formats:
Braille Large
print Computer
disc
Audio
version
or
in
a
different
language
upon
request
by
calling
the
Caltrans
Office
of
Business &
Economic Opportunity 916)
324- 8379
711 (
TTY)
and
This
brochure
you
of
the
of
the
Civit
your
those
Ja
n
2017
1640
What
is
Title
VI?
Title
VI
is
a
statute
provision
of
the
Civil
Rights
Act
of
1964.
Title
601)
VI (
Sec. of
the
Civil
Rights
Act
of
1964 provides:
No
person
in
the
United
States
shall,
on
the
grounds
of
race,
color,
or national
origin,
be
excluded
from participation in, be
denied
the
benefits
of,
or
be
subjected
to
discrimination
under
any
program
or
activity
receiving
Federal
financial
assistance." U.
42 C. S.
Sec.
2000d) Additionally,
Executive
Order
12898,
Federal
Actions
to
Address
Environmental
Justice
inMinority
Populations
and
Low -
Income
Populations
1994 provides:
Each
Federal
agency
shall
make
achieving
environmental
justice
part
of
its
mission
by
identifying
and addressing,
asappropriate,
disproportionately
high
and
adverse
human
health
orenvironmental
effects
of
itsprograms,
policies,
and
activities
on
minority
populations
and
low- income
populations. "Related
statutes
provide
protection
against
discrimination
on
the
basis
of
sex,
age,
or disability
by
programs
receiving
federal
assistance.financial
What
does
this
mean?
That
Caltrans
strives
to
ensure
that
access
to
and
use
of
allprograms,
services,
or
benefits
derived
from
any
Caltrans
activity
will
be
administered
without
regard
to
race,
color,
national
origin,
sex,
age,
disability
or
socioeconomic
status.
Caltrans
will
not
tolerate
discrimination
by
aCaltrans
employee
or
recipients
of
federal
funds
such
as
cities,
counties,
contractors,
consultants,
suppliers,
universities,
colleges,
planning
agencies,
and
any
other
recipients
of
federal -
aid
highway
funds .
Caltrans
prohibits
all discriminatory
practices,
which
may
result
in:
Denial
to
any
individual
of
any
service,
financial
aid,
or
benefit
provided
under
the
program
to
which
he
or
she
may
be
otherwise
entitled;
Different
standards
or requirements
for
participation; Segregation
or
separate
treatment
in
any
part
of
theprogram; Distinctions
in
quality,
quantity,
ormanner
in
which
the
benefit
is
provided;
Discrimination
in
any
activities
conducted
in
a
facility
built
in
whole
or
part
with
federal
funds.
To
ensure
compliance
with
Title
VI,
related
statutes,
and
the
Presidential
Executive
Order
on
Environmental
Justice,
Caltrans
will: Avoid
or
reduce
harmful
human
health
and
environmental
effects
on
minority
and
low- income
populations;
Ensure
the
full
and
fair participation
by
all
communities
including
low- income
and
minority
populations
in
the
transportation
decision -
making
process;
Prevent
the
denial
of,
reduction
in,
or
significant
delay
in
the
receipt
of
benefits
by
minority
and
low- income
populations.
Additionally,
any
to, Metropolitan
and
counties,
who
responsibility
to
without
regard
to
age,
disability,
or
Benefits
and
Caltrans'
mission
is
with
a
safe ,
inter -
modal
work
Caltrans
the
transportation
regardless
of
race,
sex,
age,
disability,
Are
your
If
you
believe
that
because
of
your
race,
or disability,
you
may
the
Caltrans
Equal
Office .
District
EEO
addresses
and
back
of
this
brochure .
to
Sacramento
for
of
Business &
Who
bears
to
Title
VI?
All
of
Caltrans
Caltrans
Office
of
VI
Program
provides
and
technical
with
Title
VI
and
the
Justice .
1641
TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 AND
RELATED STATUTES
EXHIBIT
2 -EX - 3 ( REV 8/ 2018)
NONDISCRIMINATION STATUTES
Title VI of the Civil Rights Act of 1964, 42 U. S. C. 2000, provides in Section 601 that:
No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance." ( PROHIBITS DISCRIMINATION IN IMPACTS, SERVICES, AND
BENEFITS OF, ACCESS TO, PARTICIPATION IN, AND TREATMENT UNDER A
FEDERAL - AID RECIPIENT' SPROGRAMS OR ACTIVITIES)
The Age Discrimination Act of 1975, as amended 42 U. S. C. 6101, provides:
No person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance." ( PROHIBITS
DISCRIMINATION BASED ON AGE)
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U. S. C. 4601, provides:
For the fair and equitable treatment of persons displaced as direct result of programs or projects undertaken by a Federal agency or with Federal financial assistance." ( PROVIDES FOR FAIR TREATMENT OF PERSONS DISPLACED BY FEDERAL
AND FEDERAL - AID PROGRAMS AND PROJECTS)
The Federal - aid Highway Act, 49 U. S. C. 306
Outlines the responsibilities of the U. S. Department of Transportation and, at c) outlines the Secretary' s authority to decide whether a recipient has not compiled with applicable Civil Rights statutes or regulations, requires the Secretary to provide notice of the violation, and requires necessary action to ensure compliance.
The 1973 Federal - aid Highway Act, 23 U. S. C. 324, provides:
No person shall on the ground of sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal assistance under this Title or carried on under this title."
PROHIBITS DISCRIMINATION ON THE BASIS OF SEX)
1642
TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 AND
RELATED STATUTES ( Cont.)
EXHIBIT
2 -EX -3 ( REV 8/ 2018)
The Civil Rights Restoration Act of 1987, P. L. 100- 29, provides:
Clarification of the original intent of Congress in Title VI of the 1964 Civil Rights Act, Title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973. ( RESTORES THE BROAD,
INSTITUTION -WIDE SCOPE AND COVERAGE OF THE NON- DISCRIMINATION STATUTES
TO INCLUDE ALL PROGRAMS AND ACTIVITIES OF FEDERAL -AID RECIPIENTS,
SUB - RECIPIENTS AND CONTRACTORS, WHETHER SUCH PROGRAMS AND ACTIVITIES
ARE FEDERALLY ASSISTED OR NOT)
The Uniform Relocation Act Amendments of 1987, P. L. 101- 246, provides:
For fair, uniform, and equitable treatment of all affected persons; ...( and) minimizing the adverse impact of displacement... ( to maintain) ...the economic and social well- being of communities; and... toestablish a lead agency and allow for State certification and implementation." ( UPDATED THE 1970 ACT AND
CLARIFIED THE INTENT OF CONGRESS IN PROGRAMS AND PROJECTS WHICH CAUSE
DISPLACEMENT)
The Americans with Disabilities Act, P. L. 101- 336, provides:
No qualified individual with a disability shall, by reason of such disability, be excluded from the participation in, be denied benefits of, or be subjected to discrimination by a department, agency, special purpose district, or other instrumentality of a State or a local government." ( PROVIDED ENFORCEABLE
STANDARDS TO ADDRESS DISCRIMINATION AGAINST PEOPLE WITH DISABILITIES) The Civil Rights Act of 1991, in part, amended Section 1981 of 42 U. S. C. by adding two new sections that provided:
b) For the purposes of this section, the term ' make and enforce contracts' includes the making, performance, modification, and termination of contracts and the enjoyment of all benefits, privileges, terms, and conditions of the contractual relationship.
c) The rights protected by this section are protected against impairment by non -governmental discrimination and impairment under color of State law." 1643
TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 AND
RELATED STATUTES ( Cont.)
EXHIBIT
2 -EX -3 ( REV 8/ 2018)
Title VIII of the 1968 Civil Rights Act, 42 U. S. C. 3601, provides that:
I) It shall be unlawful... torefuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny a dwelling to any person because of race, color, religion or national origin." PROHIBITS DISCRIMINATION IN THE SALE OR RENTAL OF HOUSING - HUD is the primary interest agency, but FHWA and States under Title VI are responsible for preventing discrimination in the function of Right -of -Way) The National Environmental Policy Act of 1969, 42 U. S. C. 4321 Requires the consideration of alternatives, including the " no -build" alternative, consideration of social, environmental and economic impacts, public involvement, and use of a systematic interdisciplinary approach at each decision - making stage of Federal -aid project development.
Title IX of the Education Amendments of 1972
Makes financial assistance available to institutions of higher education to:
1) strengthen, improve and, where necessary, expand the quality of graduate and professional programs leading to an advanced degree; ( 2) establish, strengthen, and improve programs designed to prepare graduate and professional students for public service; and ( 3) assist in strengthening undergraduate programs of instruction in certain instances.
Section 504 of the Rehabilitation Act of 1973, 29 U. S. C. 790, provides that:
N) o qualified handicapped person shall, solely by reason of his handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity that receives or benefits from Federal financial assistance." (PROHIBITS DISCRIMINATION BASED ON PHYSICAL OR MENTAL
HANDICAP)
Source: U. S. Department of Transportation
Federal Highway Administration Title VI Handbook
Title VI Nondiscrimination in the Federal - Aid Highway Program FHWA Publication No. FHWA- HCR- 06-06
1644
111
2004
Census
Test
United States
Census
2010
NGUAGE IDENTIFICATION FLASHCARD
131 y
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Mark this box if you read or speak English.
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1. Arabic
2. Armenian
3. Bengali
4. Cambodian
5. Chamorro
6. Simplified
Chinese
7. Traditional
Chinese
8. Croatian
9. Czech
10. Dutch
11. English
12. Farsi
DB- 3309 U. S. DEPARTMENT OF COMMERCE
Economics and Statistics Administration
U. S. CENSUS BUREAU
1645
Cocher ici si vous lisez ou parlez le francais.
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Jelolje meg ezt a kockat, ha megerti vagy beszeli a magyar nyelvet.
Markaam daytoy nga kahon no makabasa wenno makasaoka iti Ilocano.
Marchi questa casella se legge o parla italiano.
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13. French
14. German
15. Greek
16. Haitian
Creole
17. Hindi
18. Hmong
19. Hungarian
20. Ilocano
21. Italian
22. Japanese
23. Korean
24. Laotian
25. Polish
DB- 3309 U. S. DEPARTMENT OF COMMERCE
Economics and Statistics Administration
1646 U. S. CENSUS BUREAU
111
Assinale este quadrado se voce le ou fala portugues.
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Marque esta casilla si lee o habla espanol.
Markahan itong kuwadrado kung kayo ay marunong magbasa o magsalita ng Tagalog. 1L9n 1lFlSO fl 3 ltla 1` lu1( f] fl lYl lud luLi' sflrJF ffllt l)1 i.
Maaka ' i he puha ni kapau ' oku ke lau pe lea fakatonga.
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26. Portuguese
27. Romanian
28. Russian
29. Serbian
30. Slovak
31. Spanish
32. Tagalog
33. Thai
34. Tongan
35. Ukranian
36. Urdu
37. Vietnamese
38. Yiddish
DB- 3309 U. S. DEPARTMENT OF COMMERCE
Economics and Statistics Administration
1647 U. S. CENSUS BUREAU
TITLE VI SURVEY
PERSONAL INFORMATION NOTICE
Pursuant to the Federal Privacy Act ( P. L. 93- 579) and the Information Practices Act of 1977 ( Civil Code Sections 1798, et seq.), notice is hereby given for the request of personal information by this form. The requested personal information is voluntary. The principal purpose of the voluntary information is to facilitate the processing of this form. The failure to provide all or any part of the requested information may delay processing of this form. No disclosure of personal information will be made unless permissible under Article 6, Section 1798. 24 of the IPA of 1977. Each individual has the right upon request and proper identification, to inspect all personal information in any record maintained on the individual by an identifying particular. Direct any inquiries on information maintenance to your IPA Office.
Expenditure Authorization ( EA)
NON- DISCRIMINATION
All persons affected by State transportation projects are requested to provide information with regard to race, color, national origin, sex, disability, age or income status. Please check the items below which best describe you and return this form in the enclosed envelope.
The furnishing of this information is voluntary.
Head of household:
Age:
Race/ Ethnicity:
Male
Under 40
White
Black
Hispanic
Asian
Female
41- 65
American Tribe
Pacific islander
Other
Over 65
Specify:
Language spoken, if other than English:
Are you or any member of your household suffering any physical disability or medical condition? Yes No Are you a low- income family? Yes No
Enclosure
1648
TITLE VI AND OTHER DISCRIMINATION COMPLAINT FORM
OCR -0002 (REV 04/ 2020) Page 1 of 3
Section I - Applicability
Name: Electronic Mail Address:
Phone Number ( Include Area Code): Work Phone Number ( Include Area Code):
Address: City, State, Zip:
Accessible Format Requirements: Large Print TDD Audio Tape Are you filing this complaint on your own behalf? Yes ( Go to Section II) No Other
If not, please supply the name and relationship
of the person for whom you are complaining:
Briefly and clearly explain why you have filed for a third party.
Section II - Title VI
Discrimination Because of:
Race Color National Origin
Other Areas of Discrimination:
Sex Age Disability Retaliation
Name and Position of Person( s) That Discriminated Against You: Location Including City, State, Zip:
Explain as briefly and clearly as possible what happened, and how you were discriminated against. Include date of alleged discrimination Month, Day, Year). Indicate all persons who were involved. Be sure to describe how other persons were treated differently than you. Attach any written material pertaining to your case.
ADA Notice For individuals with sensory disabilities, this document is available in alternate formats. For alternate format information, contact the Forms Management Unit at (916) 445- 1233, TTY 711, or write to Records and Forms Management, 1120 N Street, MS -89, Sacramento, CA 95814. 1649
TITLE VI AND OTHER DISCRIMINATION COMPLAINT FORM
OCR - 0002 ( REV 04/ 2020) Page 2 of 3
The Taws prohibit retaliation against anyone because he/ she has taken action, or participated in an action, to secure rights protected by these laws. If you feel you have been retaliated against ( separate from the discrimination alleged above), please explain briefly and clearly the circumstances below. Please explain what actions you took which you believe were the basis for the allegation of retaliation.
What remedy or action, do you seek for the alleged discrimination? Have you previously filed a complaint with this agency? Yes No Have you filed, or intend to file, a charge or complaint with the following? U. S. Equal Employment Opportunity Commission Federal Highway Administration/ U.S. Department of Transportation Federal or State Court Federal Transit Administration/ U.S. Department of Transportation Department of Fair Employment and Housing
If you have already filed a charge or complaint, please provide information about a contact person at the agency/ court where the complaint was filed.
Name: Title:
Agency/ Court:
Telephone Number ( Including Area Code):
Date Filed:
Case Number:
Date of Trial/ Hearing:
Address:
Provide any additional information, including witnesses, that you believe would assist in the investigation.
Signature of Complainant: Date:
FOR OFFICE USE ONLY
Location: District/ Division: Case:
Date Complaint Received: Date Referred:
Processed by:
Referred to: USDOT FHWA FTA OTHER
ADA Notice For individuals with sensory disabilities, this document is available in alternate formats. For alternate format information, contact the Forms Management Unit at ( 916) 445- 1233, TTY 711, or write to Records and Forms Management, 1120 N Street, MS -89, Sacramento, CA 95814. 1650
TITLE VI AND OTHER DISCRIMINATION COMPLAINT FORM
OCR -0002 ( REV 04/ 2020)
INSTRUCTIONS
Section I
Applicability - The complaint procedures apply to the beneficiaries of Caltrans programs, activities, and services, including but not limited to the public, contractors, subcontractors, consultants, and other sub -recipients of Federal funds.
All complaints must be in writing and signed by the complainant. Complaints must include the complainant' sname, address, phone number, and specify all issues and circumstances of the alleged discrimination. In cases where the complainant is incapable of providing a written statement such as limited English proficient or having a disability, the complainant may be assisted in converting the verbal into a written complaint.
Section II
Title VI - Any person who believes he/ she has been excluded from participation in or denied benefits or services of any program or activity administered by Caltrans, or its sub -recipients, consultants, and contractors.
Discrimination Because of - Allegations must be based on issues involving race, color, national origin for a Title VI complaint or sex, age, disability, or retaliation.
Filing Options and Time Limits - The use of the complaint form is not mandatory. You may submit your complaint in any form that includes your signature. Title VI discrimination complaints may be filed with Caltrans, the Federal Highway Administration, or other agencies that provide federal financial assistance to Caltrans.
Complaints must be filed no later than 180 days after the date of the alleged act of discrimination or retaliation unless the time for filing is extended. Failure to supply all information may be grounds for rejecting your complaint.
Submit Complaints - The original -signed complaint form or letter is mailed to:
California Department of Transportation
Office of Civil Rights
Attention: Title VI Branch Manager
1823 14th Street, MS 79
Sacramento, CA 95811
Information - Email: Title. Vl@dot. ca. gov
Phone: (916) 324- 8379
Website: https // dot. ca_ gov/ programs/ civil- rights/ title- vi
PERSONAL INFORMATION NOTICE
Pursuant to the Federal Privacy Act ( Section 552 et seq.) and the Information Practices Act of 1977 ( IPA) (Civil Code Sections 1798 et seq.), notice is hereby given for the request of personal information by this form. The requested personal information is voluntary. The principal purpose of the voluntary information is to facilitate the processing of this form. The failure to provide all or any part of the requested information may delay processing of this form. No disclosure of personal information will be made unless permissible under Article 6, Section 1798. 24 of the IPA of 1977. Each individual has the right upon request and proper identification, to inspect all personal information in any record maintained on the individual by an identifying particular.
ADA Notice
For individuals with sensory disabilities, this document is available in alternate formats. For alternate format information, contact the Forms Management Unit at ( 916) 445- 1233, TTY 711, or write to Records and Forms Management, 1120 N Street, MS -89, Sacramento, CA 95814. 1651
LEGEND: O
V
T
T
Tn
T
LLU112 Ti /
7'
EXISTING
RIGHT
OF
PROPERTY WAY/
LINE
EXISTING
EASEMENT
EXISTING
CONDITIONS
PROPOSED
IMPROVE
MENTS
PROPOSED
RIGHT
OF
WAY
EASEMENT
PROPOSED
PUBLIC
UTILITY
EASEMENT
AND
SLOPE
EASEMENT
PROP
OSED CONSTRUCTION
TEMPOR
ARY
EASEMENT UTILITY
POLE
TO
BE
RELOCATED
INTO
PUE
PUBLIC
UTILITY
EASEMENT
AND
SLOPE
EASEMENT
TEMPORARY
CONSTRUCTION
EASEMENT
REMOVE
EXISTING
ROADWAY
APN
PROPERTY OWNER
SOFT
REMARKS
196- 0206
FAST
LANE SIERRA
6. 490
GRANT
OF
PUBLIC
RIGHT
OF
WAY
EASEMENT
2. 316
PUBLIC
UTILITY
EASEMENT
AND
SLOPE
EASEMENT
2. 318
PROPOSED
TEMPORARY
CONSTRUCTION
EASEMENT
72. 590
GROSS
PARCEL
SIZE
SOUTH
ERSTATE
NORTH
7 KEY
MAP
NOT
TO
SCALE
APN:
196- 0206 ADDRESS:
11338
S
HARLAN
ROAD
OWNER:
FAST
LANE
SIERRA
UTILITY
NOTE:
LOCATION
OF
RELOCATED
UTILITIES
COORDINATION
WITH
THE
UTILITY
PRELIMINARY
THIS '
PROPERTY
OWNER
EXHIBIT'
IS
A
COM
MUNICATION
TOOL
TO
PROVIDE
THE
AFFECTED
PROPERTY
OWNER
AND
RIGHT
OF
WAY
PERSONNEL
WITH
THE
GENERAL
IMPACTS
THE
PROJECT
M
AY
HAVE
ON
A
PARTICULAR PROPERTY.
DE
DOKKEN
ENGINE
ERING
110
BLUE
RAVINE
ROAD
SUITE
200,
FOLSOM
CA.
858- 0642 916-
1652
LEGEND:
0 r///// ,//
EXISTING
RIGHT
OF
WAY/ PROPERTY
LINE
EXISTING
EASEMENT
EXISTING
CONDITIONS
PROPOSED
IMPROVEMENTS
PROPOSED
RIGHT
OF
WAY
EASE
MENT
PR
OPOSED PUBLIC
UTILITY
EASEMENT
AND
SLOPE
EASEMENT
PROPOSED
TEMP
CONSTRUCTIONORARY
EASEMENT UTILITY
POLE
TO
BE
RELOCATED
INT
O
PUE
PUBLIC
UTILITY
EASEMENT
AND
SLOPE
EASE
MENT
TEMPORARY
CONSTRUCTION
EASE
MENT
REMOVE
EXISTING
ROADWAY
APN
PROPERTY OWNER
SOFT
REMARKS
196- 020-6
FAST
LANE SIERRA
6, 490
GRANT
OF
PUBLIC
RIGHT
OF
WAY
EASEMENT
2, 316
PUBLIC
UTILITY
EASEMENT
AND
SLOPE
EASEMENT
2. 318
PROPOSED
TEMPORARY
CONSTRUCTION
EASEMENT
72, 590
GROSS
PARCEL
SIZE
KEYMAP
NOT
TO
SCALE
APN:
196- 0206 ADDRESS:
11338
S
HARLAN
ROAD
OWNER:
FAST
LANE
SIERRA
UTILITY
NOTE:
LOCATION
OF
RELOCATED
UTILITIES
COORDINATION
WITH
THE
UTILITY
CO
PRELIMINARY
THIS '
PROPERTY
OWNER
EXHIBIT'
IS
A
COMM
UNICATION
TOOL
TO
PROVIDE
THE
AFFECTED
PROPERTY
OWNER
AND
RIGHT
OF
WAY
PERSONNEL
WITH
THE
GENERAL
IMPACTS
THE
PROJECT
M
AY
HAVE
ON
A
PARTICULAR PROPERTY.
DE
DOKKEN
ENGINE
ERING
110
BLUE
RAVINE
ROAD
SUITE
200,
FOLSOM
CA.
916- 858 0642
1653
LEGEND:r/ ./ X0 77/7/
EXISTING
RIGHT
OF
WAY/ PROPERTY
LINE
EXISTING
EASEMENT
EXISTING
ONS CONDITI
PROPOSED
IMPROVEMENTS
PROPOSED
RIGHT
OF
WAY
EASEMENT
PROPOSED
PUBLIC
UTILITY
EASEMENT
AND
SLOPE
EASEMENT
PROPOSED
TEMPORARY
CONSTRUCTION
EASE
MENT
TREE
TO
BE
REMOVED
UTILITY
POLE
TO
BE
RELOC
ATED INTO
PUE
PUBLIC
UTILITY
EASEMENT
AND
SLOPE
EASEMENT TEMPORARY
CONSTRUCTION
EASE
MENT
REMOVE
EXISTING
ROADWAY
APN
PROPERTY OWNER
SOFT
REMARKS
196- 020 20
FAST
LANE SIERRA
076 1,
GRANT
OF
PUBLIC
RIGHT
OF
WAY
EASEMENT 1, 566
PUBLIC
UTILITY
EASEMENT
AND
SLOPE
EASEMENT
586 1,
PROPOSED
TEMPORARY
CONSTRUCTION
EASEMENT
81, 733
GROSS
PARCEL
SIZE
O 1
ROTH
ROAD
K
EY
MAP
NOT
TO
SCALE
APN:
196- 020 20
A
DDRESS:
116
ROTH RD
OWNER:
FAST
LANE
SIERRA
UTILITY
NOTE:
LOCATION
OF
RELOCATED
UTILITIES
COORDINATION
WITH
THE
UTILITY
PRELIMINARY
THIS '
PROPERTY
OWNER
EXHIBIT'
IS
A
COMM
UNICATION
TOOL
TO
PROVIDE
THE
AFFECTED
PROPERTY
OWNER
AND
RIGHT
OF
WAY
PERSONNEL
WITH
THE
GENERAL IM
PACTS
THE
PROJECT
MAY
HAVE
ON
PARTICULAR
A
PROPERTY.
x
DOKKEN ENGINEERING
110
BLUE
RAVINE
ROAD
SUITE
200,
FOLSOM
CA.
858- 0642 916-
1654
ITEM 5. 8
CITY MANAGER' S REPORT
MAY 11, 2026 CITY COUNCIL REGULAR MEETING
ITEM:
RECOMMENDATION:
CONTINUED PUBLIC HEARING FROM APRIL 13,
2026, REGULAR CITY COUNCIL MEETING FOR
CONSIDERATION OF ADOPTION OF A
RESOLUTION OF NECESSITY TO ACQUIRE REAL
PROPERTY LOCATED AT 11616 S HARLAN
ROAD, LATHROP CA 95330 ( APN 196- 020-
140), OWNED BY BALWANT SINGH SANDHU,
BY EMINENT DOMAIN
City Council to Consider the Following:
1. Hold Continuation of Public Hearing; and
2. Adopt Resolution of Necessity of the City
of Lathrop to Acquire Real Property in
Connection with the Harlan Road
Realignment Project, CIP PS 14- 04; Make
Findings and Determinations; and
Authorize Eminent Domain Proceedings
for the Property located at 11616 S Harlan
Road ( APN 196- 020- 140), owned by
Balwant Singh Sandhu
SUMMARY:
This item was continued by Council from the April 13, 2026 meeting.
Capital Improvement Project ( CIP) PS 14- 04, the Harlan Road Realignment Project Project") was initiated to realign Harlan Road and increase the distance between Interstate 5 ( I-5) and the intersection of Harlan Road and Roth Road to accommodate future interchange improvements. Implementation of the Project requires acquisition of a portion of property located at 11616 S Harlan Road, Lathrop CA 95330 ( APN 196- 020- 140), owned by Balwant Singh Sandhu.
Specifically, the Project requires acquisition of 2, 683 square feet in permanent public right- of- way easement, 1, 399 square feet for a permanent public utility and slope easement, and 1, 398 square feet for a temporary construction easement, as detailed in Attachment B.
In conformance to Government Code Section 7267. 2, the City extended a formal offer to Mr. Sandhu on October 29, 2024, for acquisition of the required right- of- way and public utility easement interests. The offer, in the amount of $ 74, 300, was based on an independent appraisal. Subsequently, the City and its engineering consultant, Dokken Engineering, Inc. (Dokken Engineering), received a counteroffer from Mr.
Sandhu requesting that the City purchase the parcel for $ 120, 00, despite Mr.
Sandhu' s independent appraisal returning at $ 101, 000. The City declined the counteroffer, and countered for $ 110, 00. On June 9, 2025, Mr. Sandhu submitted a second counteroffer proposing a reduced amount of $ 115, 000 for the parcel. The 1655
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ITEM 5. 9
CITY MANAGER' SREPORT
MAY 11, 2026 CITY COUNCIL REGULAR MEETING
ITEM: REVIEW AND CONSIDER MODIFICATIONS TO
SPARTAN WAY DESIGN AND APPROVAL OF CHANGE
ORDER NO. 2 WITH UNITED PAVEMENT
MAINTENANCE, INC AND BUDGET AMENDMENT FOR
CIP PS 26-0, SPARTAN WAY TRAFFIC SAFETY
ENHANCEMENTS
RECOMMENDATION: Adopt Resolution to Approve Modifications to Spartan Way Design, Change Order No. 2 with United
Pavement Maintenance, Inc. and Budget Amendment
for CIP PS 26-0, Spartan Way Traffic Safety
Enhancements
SUMMARY:
On October 13, 2025, the City Council approved the creation of Capital Improvement Project ( CIP) PS 26-0, Spartan Way Traffic Safety Enhancements, for the installation of a raised crosswalk, median fencing, restriping, and bike lane barriers, with the goal of reducing vehicle speeds and increasing pedestrian safety. On January 12, 2026, the City Council approved a construction contract with United Pavement Maintenance, Inc. for the installation of the raised crosswalk, restriping, and bike lane barriers Project). Work began on March 13, 2026, and the Project was substantially completed on March 23, 2026.
Staff are presenting the option of moving the bike lane barriers 1. 5 feet away from the travel lane line to provide a greater recovery zone for drivers who may drift out of the lane. The modifications may reduce the frequency of collisions and make truck and bus access easier but may result in increased vehicle speeds due to the perceived increase in vehicle lane width.
Staff requests that the City Council review the updated speed data and traffic collision analysis and provide direction regarding potential modifications to the Spartan Way design. If the City Council elects to proceed with the modifications, staff request the City Council approve the City Manager to execute a Change Order with United Pavement Maintenance for $ 40, 832 to move the barriers and a budget amendment of 50, 000 from the Measure C Fund to the Project.
BACKGROUND:
On October 13, 2025, the City Council approved the creation of CIP PS 26-0, Spartan Way Traffic Safety Enhancements, for the installation of a raised crosswalk, median fencing, restriping, and bike lane barriers to reduce vehicle speeds and improve pedestrian safety. On December 8, 2025, the City Council approved a construction contract with Cervantes Landscape Services, Inc. for the installation of the median 1951
CITY MANAGER' SREPORT PAGE 2
MAY 11, 2026 CITY COUNCIL REGULAR MEETING
REVIEW AND CONSIDER MODIFICATIONS TO SPARTAN WAY DESIGN AND APPROVAL OF CHANGE ORDER NO. 2 WITH UNITED PAVEMENT
MAINTENANCE, INC AND BUDGET AMENDMENT FOR CIP PS 26-0, SPARTAN
WAY TRAFFIC SAFETY ENHANCEMENTS
fencing. During the same meeting, the City Council also approved the purchase of the bike lane barriers. On January 12, 2026, the City Council approved a construction contract with United Pavement Maintenance, Inc. for the installation of the raised crosswalk, restriping, and bike lane barriers. Work began on March 13, 2026, and was substantially completed on March 23, 2026.
Staff collected data both before the Project and three weeks after its completion, as shown in Table 1. The Project resulted in a reduction of 8 miles per hour ( mph) in the 85th percentile speed in both directions. The average speeds after the Project are 25 mph eastbound and 29 mph westbound, both of which meet staff' expectations.
A stn
Direction
85th Percentile before
Project ; mph)
85th Percentile after
Project ( mph)
Change ( mph)
Eastbound 38 30 8
Westbound 42 34 8
The Federal Highway Administration ( FHWA) provides Crash Modification Factors CMFs) to estimate changes in collision rates associated with modifications to roadway geometry and lane width. The CMF for narrowing a travel lane from 11 feet to 9 feet and adding physical barriers on both sides of the lane is 1. 694. The pre -Project collision rate was approximately two collisions per year; therefore, the expected post - Project collision rate is approximately 3.88 collisions per year immediately following the implementation of the modifications.
Although the collision rate is expected to increase immediately after installation, it is anticipated to decrease over time as drivers become familiar with the new configuration. In addition, the type of collisions is expected to change. The Project reduced vehicle speeds; therefore, collisions should be less severe and result in fewer injuries. Prior to the Project, approximately half of reported collisions resulted in minor injuries, whereas the four collisions reported after the Project involved only property damage and no injuries.
Staff are presenting the option of moving the bike lane barriers 1. 5 feet away from the travel lane line to provide a greater recovery zone for drivers who may drift out of the lane. The modifications may reduce the frequency of collisions and make truck and bus access easier but may result in increased vehicle speeds due to the perceived increase in vehicle lane width.
1952
CITY MANAGER' SREPORT PAGE 3
MAY 11, 2026 CITY COUNCIL REGULAR MEETING
REVIEW AND CONSIDER MODIFICATIONS TO SPARTAN WAY DESIGN AND APPROVAL OF CHANGE ORDER NO. 2 WITH UNITED PAVEMENT
MAINTENANCE, INC AND BUDGET AMENDMENT FOR CIP PS 26-0, SPARTAN
WAY TRAFFIC SAFETY ENHANCEMENTS
Staff requests that the City Council review the updated speed data and traffic collision analysis and provide direction regarding potential modifications to the Spartan Way design. If the City Council elects to proceed with the modifications, staff request the City Council approve the City Manager to execute a Change Order with United Pavement Maintenance for $ 40, 832 to move the barriers and a budget amendment of 50, 000 from the Measure C Fund to the Project.
REASON FOR RECOMMENDATION:
In response to concerns from some residents and employees at Lathrop High School, staff are presenting an option to modify the Spartan Way design.
FISCAL IMPACT:
If the City Council elects to proceed with the modifications, staff request a budget amendment of $ 50, 000 from the Measure C Fund to cover the Change Order Request of $ 40, 832 (Attachment B) provided by United Pavement Maintenance, contingent upon approval by the Measure C Oversight Committee.
Increase Transfer Out
1060- 9900-90- 9010
Increase Transfer In
3310- 9900- 393- 0000
Increase Expenditures
3310- 8000- 420- 12- 00
ATTACHMENTS:
PS 26-0
PS 26-0
50, 000
50, 000
50, 000
A. Resolution to Approve Modifications to Spartan Way Design, Change Order No. 2 with United Pavement Maintenance, Inc. and Budget Amendment for CIP PS 26-0, Spartan Way Traffic Safety Enhancements
B. United Pavement Maintenance Change Order Request
1953
CITY MANAGER' SREPORT PAGE 4
MAY 11, 2026 CITY COUNCIL REGULAR MEETING
REVIEW AND CONSIDER MODIFICATIONS TO SPARTAN WAY DESIGN AND APPROVAL OF CHANGE ORDER NO. 2 WITH UNITED PAVEMENT
MAINTENANCE, INC AND BUDGET AMENDMENT FOR CIP PS 26-0, SPARTAN
WAY TRAFFIC SAFETY ENHANCEMENTS
APPROVALS:
Bra Taylor
Pu lic Works Director / City Engineer
Cari James
Finance Director
J
14/50746
Date
Date
y/ 3o/ Zoz,
Thomas Hedegard Date
Deputy City Manager
Michael King
Assistant City Manager
3o• ZOZG
Date
s•y• Zozco
Salvador Navarrete Date
City Attorney
V
Stephen J. Salvatore Date
City Manager
1954
RESOLUTION NO. 26-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO APPROVE MODIFICATIONS TO SPARTAN WAY DESIGN, CHANGE ORDER NO. 2 WITH UNITED PAVEMENT MAINTENANCE, INC. AND BUDGET AMENDMENT FOR CIP PS 26-0, SPARTAN WAY TRAFFIC SAFETY ENHANCEMENTS WHEREAS, on October 13, 2025, the City Council approved the creation of Capital Improvement Project ( CIP) PS 26-0, Spartan Way Traffic Safety Enhancements, for the installation of a raised crosswalk, median fencing, restriping, and bike lane barriers, with the goal of reducing vehicle speeds and increasing pedestrian safety; and
WHEREAS, on January 12, 2026, the City Council approved a construction contract with United Pavement Maintenance, Inc. for the installation of the raised crosswalk, restriping, and bike lane barriers ( Project). Work began on March 13, 2026, and the Project was substantially completed on March 23, 2026; and WHEREAS, staff are presenting the option of moving the bike lane barriers
1. 5 feet away from the travel lane line to provide a greater recovery zone for drivers who may drift out of the lane. The modifications may reduce the frequency of collisions and make truck and bus access easier but may result in increased vehicle speeds due to the perceived increase in vehicle lane width; and WHEREAS, staff requests that the City Council review the updated speed data and traffic collision analysis and provide direction regarding potential modifications to the Spartan Way design; and
WHEREAS, If the City Council elects to proceed with the modifications, staff request the City Council approve the City Manager to execute a Change Order with United Pavement Maintenance for $ 40, 832 to move the barriers and a budget amendment of $50, 000 from the Measure C Fund to the Project as follows, contingent upon approval by the Measure C Oversight Committee:
Increase Transfer Out
1060- 9900-90- 9010
Increase Transfer In
3310- 9900- 393- 0000 PS 26-0
Increase Expenditures
3310- 8000- 420- 12- 00 PS 26-0
50, 000
50, 000
50, 000
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve the City Manager to execute a Change Order with United Pavement Maintenance for $ 40, 832 to move the barriers and a budget amendment of $ 50, 000 from the Measure C Fund to the Project as shown above. 1955
The foregoing resolution was passed and adopted this 11th day of May 2026 by the following vote of the City Council, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Paul Akinjo, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 1956
Attachmen
UNITED
PAVEMENT
MAINTENANCE I
CONTRACT CHANGE ORDER REQUEST
TO: Zak Karver
City of Lathrop
209) 207-651
PROJECT:
zkarver@ci. lathrop. ca. us
SPARTAN WAY TRAFFIC SAFETY ENHANCEMENTS
DATE: 4/ 27/026
REV: 0
JOB NO.: 26- 001
RE: Relocation of Safe -T Lane Bike Lane Dividers to 72" CHANGE ORDER REQUEST # 02 off the face of curb. Also include patching of existing anchor holes.
UNIT
ITEM DESCRIPTION QTY UNIT PRICE TOTAL
1 Relocation of Safe -T Lane Bike Dividers 2816 LF 14. 50 40, 832. 00 Change Order Request Amount 40, 832. 00
Original Contract Price: 230, 83. 10
Previous Change Order Requests:* 17,79. 63
New Contract Price: $ 288, 814. 73
CONTRACT TIME EXTENSION ( This COR) 4
WORKING DAYS)
CONDITIONS/ SCOPE:
Scope — Relocate the currently installed bike lane dividers to 72" off the face of curb. Re -install the pins into the roadway and patch the existing anchor holes with black tinted cement. The travel lanes shall be closed during this operation. UPM anticipates 4 shifts to complete this work.
Cost - The cost to complete this work is $ 14. 50 per LF of rail, or $40, 832 in total.
The Previous Change Order Request value is NOT complete, It does not include the T&M cost to relocate the extra barricades to the Corp yard, or the placement of additional reflectors as directed by the City of Lathrop SIGNED:
DATE:
94, SK4d 4 SIGNED:
United Pavement Maintenance Inc. (CONTRACTOR) City of Lathrop 04/ 27/6 DATE:
P. O. Box 1017
Hughson, CA 95326
United Pavement Maintenance, Inc
CA License # 905503
DIR # 1000878534
Office ( 209) 883- 445
Fax ( 209) 883- 2238
1957
UNITED
PAVEMENT
MAINTENANCE
P. O. Box 1017 Hughson, Ca. 95326 License No# 905503 DIR No# 1000878534 Office: 209- 883- 4345 Fax: 209- 48- 5273
Zak Carver
Project Manager - City of Lathrop
390 Towne Centre Dr
Lathrop, CA 95330
RE: Proposal to Relocate or Remove Safe -T Lane Bike Dividers on Spartan Way Zak,
As requested, UPM has prepared pricing for the following option:
Relocation of installed Safe -T Lane Bike Lane Dividers.
Scope — Relocate the currently installed bike lane dividers to 72" off the face of curb. Re - install the pins into the roadway and patch the existing anchor holes with black tinted cement. All work is to be completed during night shift operations, and the travel lanes shall be closed during this operation. UPM anticipates 4 shifts to complete this work.
Cost - The cost to complete this work is $ 14. 50 per LF of rail.
If you have any questions regarding this proposal, please do not hesitate to reach out. We Zook forward to working with the City of Lathrop.
Respectfully Submitted,
Greg Snodgrass
Project Manager — United Pavement Maintenance
209) 882- 2860
1958
ITEM 5. 10
CITY MANAGER' S REPORT
MAY 11, 2026 CITY COUNCIL REGULAR MEETING
ITEM: REVIEW AND PROVIDE DIRECTION ON CITY HALL
AND CITY COUNCIL CHAMBERS SECURITY
IMPROVEMENTS
RECOMMENDATION: Adopt Resolution to Provide Direction for City Hall and City Council Chambers Safety Improvements
SUMMARY:
The City Council has expressed interest in reviewing additional security enhancements for City HaII and Council Chambers. City Hall currently operates with multiple existing safety and access control measures in place, including controlled access to staff areas, secured internal access points, and operational law enforcement presence during City Council meetings. As public facility security practices continue to evolve, staff have evaluated several enhancement options intended to build upon current safeguards while preserving public accessibility, customer service, and operational efficiency. Staff is presenting options as detailed below for Council consideration.
BACKGROUND:
City of Lathrop City Hall was originally constructed in 2005 and underwent remodeling improvements in 2021. Those projects focused on facility modernization, customer service functionality, and general building improvements consistent with the operational priorities at the time.
The facility currently incorporates a number of practical safety features, including restricted staff areas, electronic access controls, and operational staffing support during public meetings.
As standards and best practices for public building security continue to advance, staff reviewed opportunities to further enhance access management, employee safety, and visitor screening in a manner consistent with the City' s commitment to maintaining a safe, professional, and welcoming civic environment.
The following options are presented for Council review and consideration:
OPTION 1: Lobby Metal Detectors at Entrances
Installation of walk- through metal detection systems at the public lobby entrance would provide an additional screening layer for visitors entering City Hall. This option will require allocation of lobby floor space for screening lanes and equipment placement, along with staffing support during normal business hours. 1959
CITY MANAGER' SREPORT
MAY 11, 2026 CITY COUNCIL REGULAR MEETING
PROVIDE DIRECTION ON CITY HALL AND CITY COUNCIL CHAMBERS
SECURITY IMPROVEMENTS
It is estimated that a minimum of two ( 2) full- time security personnel would be needed to consistently staff daily screening operations.
PAGE 2
This option provides a high level of entry -point screening.
OPTION 2: Lobby Safety Glass and Controlled Access
Installation of protective safety glass at public service counters would create an enhanced separation barrier between customer service areas and staff workspaces, providing protection from a wider range of acts of violence.
This includes a controlled access door into staff -only areas, further supporting access management while maintaining customer service operations.
This option would preserve the open and welcoming appearance of the lobby while enhancing workplace safety and controlled movement into restricted areas.
OPTION 3: Hybrid Approach - Lobby Safety Glass with Council Chambers Screening
This option combines the lobby safety glass and controlled access improvements identified in Option 2 with mobile metal detection screening for City Council meetings and designated public events held in Council Chambers.
Under this option, a mobile metal detector could be positioned at the public entrance to Council Chambers during meetings and monitored by law enforcement personnel who are already assigned for meeting coverage, when staffing levels permit.
This option enhances security during higher -attendance public meetings while minimizing permanent daily screening impacts on lobby operations.
FISCAL IMPACT:
Estimated costs for each option will vary based on final design, equipment selection, and installation requirements as outlined below.
Option 1 is expected to have the highest recurring annual operational cost due to staffing requirements. Estimated yearly recurring costs of approximately 165, 000 for salaries and approximately $ 50, 000 one- time costs for purchase of equipment. Approximately $ 215, 000 anticipated costs in year one. 1960
CITY MANAGER' SREPORT
MAY 11, 2026 CITY COUNCIL REGULAR MEETING
PROVIDE DIRECTION ON CITY HALL AND CITY COUNCIL CHAMBERS
SECURITY IMPROVEMENTS
Option 2 is expected to involve a one- time capital improvement cost estimated to be approximately $ 100, 00 with no long- term annual operational expenses.
Option 3 is expected to involve a one- time capital improvement cost estimated at approximately $ 120, 00 and lower long- term annual operational expenses than Option 1.
These are rough estimates based on staff research. Upon Council direction, staff will return with detailed cost estimates, implementation timelines, and potential funding options.
ATTACHMENTS:
PAGE 3
A) Resolution to Provide Direction for City Hall and City Council Chambers Safety Improvements
B) Rendering of Lobby Metal Detectors at Entrance
C) Rendering of Lobby Safety Glass
D) Council Chambers Screening Example and Information
APPROVALS:
1961
CITY MANAGER' S REPORT
MAY 11, 2026 CITY COUNCIL REGULAR MEETING
PROVIDE DIRECTION ON CITY HALL AND CITY COUNCIL CHAMBERS
SECURITY IMPROVEMENTS
APPROVALS:
Stephen Se
Chief of Police
L,),
Date
ci 6%202.
4/ % 3o ) Zb' tt,
PAGE 4
Cari James Date
Finance Director
911b/ 70- 14
Thomas Hedegard Date -
Deputy City Manager
V- 3© ` z0 Z6
Salvador Navarrete Date
City Attorney
S • Li 2oz(o
Stephen J. Salvatore Date
City Manager
1962
RESOLUTION NO. 26-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO
PROVIDE DIRECTION FOR CITY HALL AND CITY COUNCIL CHAMBERS
SAFETY IMPROVEMENTS
WHEREAS, City of Lathrop City HaII was originally constructed in 2005 and underwent remodeling improvements in 2021. Those projects focused on facility modernization, customer service functionality, and general building improvements consistent with the operational priorities at the time; and WHEREAS, the facility currently incorporates a number of practical safety features, including restricted staff areas, electronic access controls, and operational staffing support during public meetings; and
WHEREAS, as standards and best practices for public building security continue to advance, staff reviewed opportunities to further enhance access management, employee safety, and visitor screening in a manner consistent with the City' s commitment to maintaining a safe, professional, and welcoming civic environment; and
WHEREAS, the following options are presented for Council review and consideration:
OPTION 1: Lobby Metal Detectors at Entrances
OPTION 2: Lobby Safety Glass and Controlled Access
OPTION 3: Hybrid Approach - Lobby Safety Glass with Council Chambers Screening
WHEREAS, staff is requesting Council select one Option and staff will return with detailed cost estimates, implementation timelines, and potential funding.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lathrop does hereby select Option
Resolution No. Page 1 of 2
1963
PASSED AND ADOPTED this 11th day of May 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
PAUL AKINJO, MAYOR
ATTEST: APPROVED AS TO FORM:
s
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney Resolution No. Page 2 of 2
1964
1965
CITY
HALL -
PROPOSED
IMPROVEMENTS
SAFETY,
SECURITY &
SERVICE
EXCELLENCE
1966
THROUGH WALKMETAL
DETECT
OR
Quickly dete
cts guns,
knives
and
razor
blades
at
schools,
concerts,
night
clubs
and
government
buildings . Portable
to
and easy
use.
5 -
minut
e
setup
with
tools
required. Oper
ates
up
to
40 hours
on
r
echargeable
12V
b
atteries.
No
cords
needed .
3 sensor
zones
with
LED
i
ndi cators
provide
toe
detection . Carry
strap
and
2 wheels
make
tra
nsportation
and
easy .
100 sensitivity
settings.
Can adjusted be
to
items
as
small
as
a
bobby
pin.
1967
PAGE LEFT
INTENTIONALLY
BLANK
1968