City of Lathrop City Council Meeting – February 28 2011



1. PRELIMINARY

1.1 CALL TO ORDER

1.1.1 CLOSED SESSION:
Conference with Legal Counsel: Anticipated Litigation – Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(b)
• 4 Potential Cases

1.1.2 CLOSED SESSION:
Conference with Legal Counsel: Existing Litigation Pursuant to Government Code Section 54956.9(a)
City of Lathrop vs. Rafael M. Sandoval, et al.
San Joaquin County Superior Court, Case No. CV035053

1.1.3 CLOSED SESSION:
Conference with Legal Counsel: Existing Litigation Pursuant to Government Code Section 54656.9(a)
Smith Denison Construction Company, Inc. vs. Richland Planned Communities, et al.
San Joaquin Superior Court, Lead Case No. 39-2008-00191991-CU-BC-STK

RECONVENE

1.1.4 REPORT FROM CLOSED SESSION

1.2 ROLL CALL

1.3 INVOCATION

1.4 PLEDGE OF ALLEGIANCE

1.5 ANNOUNCEMENT(S) BY MAYOR / CITY MANAGER

1.6 INFORMATIONAL ITEM(S)

1.7 DECLARATION OF CONFLICT(S) OF INTEREST

2. PRESENTATIONS – None

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!!

4. CONSENT CALENDAR
Items on the Consent Calendar are considered to be 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 of Ordinances and Resolutions on Agenda Unless Otherwise Requested by the Mayor or a Councilmember

4.2 APPROVAL OF MINUTES
Approve Minutes for the Regular Meeting of February 7, 2011

4.3 GENERAL FUND MID-YEAR BUDGET REVIEW AND AMENDMENTS FOR FY 2010/11
Receive FY 2010/11 General Fund Mid-Year Review and Adopt a Resolution Approving the Mid-Year Budget Amendments to the FY 2010/11 Annual Budget Adopted June 14, 2010 by Resolution No. 10-3033

4.4 CITY COUNCIL GOALS AND PRIORITIES FOR 2011
Adopt City Council Goals and Priorities for 2011

4.5 PRELIMINARY ENGINEER’S REPORT AND INTENT TO LEVY ANNUAL ASSESSMENTS FOR FY 2011/12 FOR LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 93-1 (WOODFIELD PARK)
Adopt a Resolution Approving the Preliminary Engineer’s Report for Landscape and Lighting Maintenance District No. 93-1 (Woodfield Park and Declaring its Intention to Levy Annual Assessments for FY 2011/12

4.6 PRELIMINARY ENGINEER’S REPORT AND INTENT TO LEVY ANNUAL ASSESSMENTS FOR FY 2011/12 FOR INDUSTRIAL LIGHTING MAINTENANCE DISTRICT; RESIDENTIAL LIGHTING MAINTENANCE DISTRICT; MOSSDALE LANDSCAPE AND LIGHTING DISTRICT; STONEBRIDGE LANDSCAPE MAINTENANCE DISTRICT; STONEBRIDGE DRAINAGE AND LIGHTING DISTRICT; STORM DRAIN ZONE 1; AND STORM DRAIN ZONE 1A
Council to Consider the Following:
1. Adopt a Resolution Approving the Preliminary Engineer’s Report for the Industrial Lighting Maintenance District and Declaring its Intention to Levy Annual Assessments for FY 2011/12;
2. Adopt a Resolution Approving the Preliminary Engineer’s Report for the Residential Lighting Maintenance District and Declaring its Intention to Levy Annual Assessments for FY 2011/12;
3. Adopt a Resolution Approving the Preliminary Engineer’s Report for the Mossdale Landscape and Lighting Maintenance District and Declaring its Intention to Levy Annual Assessments for FY 2011/12;
4. Adopt a Resolution Approving the Preliminary Engineer’s Report for the Stonebridge Landscape Maintenance District and the Stonebridge Drainage & Lighting District and Declaring its Intention to Levy Annual Assessments for FY 2011/12; and
5. Adopt a Resolution Approving the Preliminary Engineer’s Report for the Storm Drain Districts Zones 1 and 1A and Declaring its Intention to Levy Annual Assessments for FY 2011/12

4.7 AMENDMENT NO. 1 TO PROFESSIONAL SERVICE AGREEMENT WITH MARK THOMAS COMPANY FOR PS 10-28 INTERIM IMPROVEMENTS TO THE I-5 / LATHROP ROAD INTERCHANGE
Adopt a Resolution Approving Amendment No. 1 to the Professional Service Agreement with Mark Thomas Company and Authorizing a Budget Amendment for PS 10-28 Interim Improvements to the I-5 / Lathrop Road Interchange

4.8 AMENDMENT NO. 2 TO PROFESSIONAL SERVICE AGREEMENT WITH MARK THOMAS COMPANY FOR THE WESTERLY GRADE SEPARATOR ON LATHROP ROAD
Adopt a Resolution Approving Amendment No. 2 to the Professional Service Agreements with Mark Thomas Company for Preparation of the Plans, Specifications and Construction Estimate and Right of Way Services for the Westerly Grade Separator on Lathrop Road

4.9 AGREEMENT WITH CNP TO FUND WASTEWATER CONVEYANCE
Adopt a Resolution Authorizing an Agreement with CNP to Fund Wastewater Conveyance for CIP WW 04-12 McKinley Corridor Sanitary Sewer

4.10 CONTRACT CHANGE ORDER NO. 7 WITH KNIFE RIVER CONSTRUCTION, INC.
Adopt a Resolution Authorizing Contract Change Order No. 7 with Knife River Construction, Inc. to Install a Water Line Crossing under the UPRR for CIP PW 05-07 Water Supply Wells Arsenic Reduction Facilities Pipelines
4.11 CREATION OF CIP PS 11-11 GOLDEN VALLEY PARKWAY – TOWNE CENTRE DRIVE INTERSECTION IMPROVEMENTS
Adopt a Resolution Approving Creation of CIP PS 11-11 Golden Valley Parkway – Towne Centre Drive Intersection Improvements

4.12 CDBG AND HOME PROGRAM ALLOCATIONS FOR FISCAL YEAR 2011/12
Adopt a Resolution Approving Allocation of the Community Development Block Grant and HOME Investment Program Funds for Fiscal Year 2011/12

5. SCHEDULED ITEMS

5.1 BICYCLE HELMET DRIVE
Adopt a Resolution Approving a Bicycle Helmet Drive

5.2 CITY POLICY ON WATER LEAK ADJUSTMENTS
Adopt a Resolution Establishing a Policy to Allow for a Credit to be provided to Lathrop Water Customers Due to Water Leaks

5.3 THOMSEN ROAD IMPROVEMENT PROJECT (PS 11-03)
Review and Approve Project Rendering Including Existing Trees Along the South Side of Thomsen Road

5.4 PAVEMENT MANAGEMENT PROGRAM REPORT AND PAVEMENT MAINTENANCE PLAN FOR FY 2010/11 AND AMENDMENT NO. 2 TO AGREEMENT WITH PAVEMENT ENGINEERING INC.
Council to Consider the Following:
1. Adopt a Resolution Accepting the pavement Management Program Report and Pavement Maintenance Plan for FY 2010/11; and
2. Authorize Amendment to the Professional Service Agreement with Pavement Engineering Inc. for Preparation of Plans and Specifications for Pavement Rehabilitation FY 2010/11 (PS 11-01)

5.5 CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM CONTRACT AMENDMENT
Council to Consider the Following:
1. Adopt a Resolution of Intention to Approve an Amendment to the Contract with the Board of Administration California Public Employees Retirement System to Provide 2% at 60 Retirement Formula; and
2. Introduce an Ordinance Amending the Contract with the Board of Administration California Public Employees Retirement System

5.6 REALLOCATION OF CODE COMPLIANCE SERVICES
Discuss Possible Reallocation of Code Compliance Services

6. COUNCIL COMMUNICATIONS

6.1 Council Referrals

6.1.1 VICE MAYOR MATEO REFERRAL: Discussion Regarding Graffiti Ordinance

6.2 Mayor & Councilmember Committee Report(s)

• Central Valley Executive Committee/LOCC (Mateo/Salcedo)
• Council Governments (Mateo/Salcedo)
• Integrated Waste Management Solid Waste Division (Mateo/Salcedo)
• LAFCo (Dhaliwal)
• Reclamation District 17 Joint Power Authority (Keaten/Salvatore)
• San Joaquin County Commission on Aging (Tosh Ishihara/Santos)
• San Joaquin Partnership Board of Directors (Santos/Dhaliwal)
• San Joaquin Regional Rail Commission (Dhaliwal)
• San Joaquin Valley Air Pollution Control District (Ornelas/Dhaliwal)
• Water Advisory Board (Ornelas/Mateo)

6.3 Mayor’s Committee Report(s)

• Lathrop Celebration Event Committee
• Lathrop Holiday Parade Committee
• Memorial Day / Veterans Day Celebration Committee
• Mayor’s Art Show Committee

6.4 Mayor & Councilmember Comment(s)

7. ADJOURNMENT

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