522
DocuSign Envetope ID: A01E0843- 4D36- tA98- B9F6- 6CEF80568ADB
SERVICE CONTRACT BETWEEN THE CITY OF LATHROP AND
ICU TECHNOL4GIES, INC.
PR VIDE AND INSTALL CAMERA SURVEILLANCE SYSTEMS FOR
MAJOR CITY PARKS AT APOLINAR SANGALANG, MANUEL
VALVERDE & WODDFIELD PARK CIP GG 22- 35
before acceptance. Contractor unqualifiedly warrants all work and materials ta be free of defects whether performed or installec! by Et or by any subcontractor or supplier in the project which is the subject of this Contract for a period of one year from #he date of the agreement.
APPRENTICES
a) The Contractor's attentian is directed ta the provisions of Sections 1777.5, 1777. 6, and i777J of the Califomia Labor Code conceming emp{oyment of apprentices by the Contractor or any subcontractor under him. In addition, Contractor shall obtain a certificate of apprenticeship before employing any apprentice pursuant to Sections 1777. 5, 1777. 6 and 1777. 7 of the Califomia Labor Code.
b) Informatian refative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, Califomia, or from the Division of Apprenticeship Standards and its branch offices.
c) Knowing violations of Section 1777.5 will result in forfeiture not to exceed one hundred dollars {$ 1 p0) for each calendar day of non- compliance pursuant #o Section 1777. 7.
HOURS OF WORK
Eight ( 8) hours of work in any calendar day shalf constitute a legal day' s work. The Cantractor and each subcontractar shafl forfeit, as penalty to the City, twenty- five dollars 25) for each worker employed in the execution of work on the Project by the Gontractor or any subcontractor under him for each calendar day during which such worker is required or permitted tv work more than eight { 8 hours in any one Galendar day and forty 4Q} hours in any calendar week in violation of the provisions of the Labor Code, and in particular, Section 1810 to Section 1815, thereof, inclusive, except that work performed by employees of the Contractor and his subcontractars in excess of eight hours per day at not less than one and one half times the basic rate vf pay, as provided in Labor Code section 1815.
PAYROLL REC RDS
Pursuant to La or Code section 177fi, as amended from time to time, the Contractor and each subcontractor shall keep recards shawing the name, address, social security number, wark classification, straight time and overtime hours paid each day and
523
DocuSign Envelope ID: A41 ED843- 4D38- 4A98- B9F6- 6CEFBU588ADB SERVICE CUNTRACT BETWEEN THE CiTY OF LATHR P AND
ICU TECHNQL GIES, INC.
PRQVIDE AND INSTALL CAMERA SURVEILLANCE SYSTEMS FOR
MAJOR CITY PARKS AT APOLINAR SANGALANG, MANUEL
VALVERDE & WOUDFIELD PARK CIR GG 22- 35
week, and the actual per diem wages paid to each journeyrnan, apprentice, worker or other employee employed by him or her in connection with the work.
The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the Division. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office 4f the Contractor on the following basis:
a} A certified copy of the employee' s payr411 records shall be made available for inspection or furnished to such employee or his or her authorized representative on request.
b) A certified copy of all payrall records shall be made avaifable for inspection or furnished upan request, or as required by Labor Cade section 1771. 7 to the City, the Division of Labor Standards Enforcement and the Divisian of Appr nticeship Standards of the Department of Industrial Relations. c A certified copy of all payroll records shall be made available upon request to the public for inspection or copies thereof made; provided, however, that if request by the public shall be made through either the City, the Division of Apprenticeship Standards, or the Division of abor Standards Enforcement, if as requested, payroll records have been provided pursuant to paragraph ( b), the requesting party shakl, prior to being provided the records, reimburse the cast of preparation by the Contractor, subcontractors and the entity through which the request was made. The public shall not be given access to such records at the principal office of the Contractor.
The Contractor shall file a cerfified copy of the payroll records with the entity that requested such records within ten ( 10) calendar days after receipt of a written request.
Any copy of records made a ailable for inspection as copies and fumished upan request to the public or the City, the Division of Apprenticeship Standards, or the Divisian of Labor Standards Enforcement, shall be marked or obliterated in such a manner as to prevent disclosure of an individual' s name, address, and sociai security number. The name and address of the Contractor or any subcontractor performing work on the Project shall not be marked or obliterated.
The Contractor shall inform the City of the location of the payroll records, including the street address, city and county, and shall, within five ( 5) calendar days, provide a notice of a change of location and address.
524
DocuSign Envelope Ip: A41E0843- 4D36- 4A9& 89F6- 6CEF80568AD8
SERVICE CONTRACT BETWEEN THE CITY OF ATHROP AND
ICU TECHNO GIES, tNC.
PROVIDE AND INSTALL GAMERA SURVEILLANCE SYSTEMS FQR
MAJ R CITY PARKS AT APOLINAR SANGALANG, MANUEL
VAI.VERDE & WOODFIELD PARK CIP GG 22-35
In the event of noncompliance with the requirements of this section, the Contractor shall have ten ( 10) caiendar days in which to comply subsequent to receipt of written notice specifying in what respects the Contractor must comply with this section. Should noncompliance still be evident after such ten ( 10) calendar day period, the Cantractor shall, as a
penalty to the City, forfeit twenty-five doNars ($ 25} for each calendar day, or portion thereofi, for each worker until strict compliance is effectuated. Upon tha request of the Division of Labor Standards Enforeement, such penalties shall be withheld from payments due Contractar.
PREVAILING WAGES
a) The Contractor is aware of the requirements of California Labor Code Sections 17 0 et seq. and 177a et seq., as well as Califomia Code of Regulations, Title 8, section 16000 et seq. (" Prevailing Wage Laws") which require the payment of prevailing wage rates and the performance of other requirernents on certain " public works" and " maintenance" projects. Since this Contract involves an applicable "public works" or" maintenance" project, as defined by the Prevailing Wage Laws, and since the to#al compensation is $ 1, 000 or more, Contractor a rees to fully comply with such Prevailing Wage Laws. The Contractor shall obtain a copy of the prevailing rates of per di m wages applicable to the work to be performed by subcontractors from the website of the Divisian of Labor Statistics and Research of the Department of Industrial Relations located at
http:// www. dir.ca. gavldlsr/ PWD/ index. htm. In the altemative, the City shall provide Contractor with a copy of the prevaifing rates of per diem wages applicable to the work to be performed by subcontractors. Contractor shall make copies af the prevailing rates of per diem wages for each craft, classification or type af worker needed to perform work on the Project available to interested parties upon request, and shall post copies at the Cantractor' s principal place of business and at the Project site.
Contractor shall defend, indemnify and hold the City, its efected officials, officers, employees and agents free and harmless from any claims, liabilities, casts, penalties ar interest arising out of any failure ar allege failure to comply with the Prevailing Wage Laws.
b) The Contractar and each subcontractor shall fvrfeit as a penalty to the City not more than fifty doHars ($ 50} for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing rate for any work done by him, or by any subcontract under him, in violation of the provisions of the Catifomia Labar Code. The differ nce between such stipulated prevailing wage rate and the amount paid to each worker for each calendar
525
DocuSign Envelape IR: A01EQ843- 4D36-0A98- B9F6- 6CEFB056BADB SERVICE CONTRACT BETWEEN TNE CITY t)F LATHR P AND
ICU TEGHNOLQGIES, ING.
PROVIDE AND INSTALL CAMERA SURVEILLANCE SYSTEMS FOR
MAJOR CITY PARKS AT APOLINAR SANGALANG, MANUEL
VALVERDE & W t3DFiELD PARK CIP GG 22- 35
day or portion thereaf for which each worker was paid less than the stipufated prevailing wage rate shall be paid to each worker by the Contrac#or.
INSURANCE
On or before beginning any of #he services or work called for by any term of this Agreement, CONTRACTOR, at its own cost and expense, shall carry, maintain for the duration of the Agreement, and provide prdof thereof that is acceptable to the CtTY the insurance specified in subsections (a) through ( c) below with insurers and under forms of insurance satisfiactory in all respects to the CITY.
C4NTRACTOR shall not allaw any subcontractor to commence work on any subcontract until all insurance required of the C4NTRACTQR has also been obtained far the subcontractor. Verification of this insurance shall be submitted and made part of this Agreement prior to execution.
a} Workers' Compensation. C NTRACTCIR shafi, at
CONTRACTQR' S sole cost and expense, maintain Statutory Warkers' Compensation lnsurance and Employer' s Liability Insurance #or any and alf persons employed directly or indirectly by CONTRACTOR. Said Statutory Workers' Compensation Insurance and Employer' s Liability Insurance shall be provided with limits of not less than one milliQn dollars ($ 1, 0OO, OaO). In the alternative, CONTRACTOR may rely on a self- insurance program to meet these requirements provided that the pragram of self-insurance complies fully with the provisians of the California Labor Code. The insurer, if insurance is provided, or the CONTRACTOR, if a program of selfinsurance is provided, shal! waive all rights of subrogation against the CITY for loss arising from work performed under this Agreemenf. b} Commercial General and Automobile Liability Insurance.
CCINTRACTOR, at CQNTRACTOR' S own cost and expense, shall maintain commercial general and automobile liability insurance for the period covered by this Agreement in an amount not less th n one million dallars per occurrence ($ 1, 000,000), combined single limit coverage for risks associated with the work contemplated by this Agreement. If Commercial General Liability Insurance or an Automobile Liability form or other farm with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general
526
DocuSign Envelope ID; AQ1ED843- 4D36- 4A98- B9F6- 6CEFB0568ADB SERVICE C NTRACT BETWEEN THE CITY OF 1. ATHROP AND
ICU TECHNOLC GIES, INC.
PR4VIDE AND INSTALL CAMERA SURVEILLANCE SYSTEMS F4R
MAJOR CITY PARKS AT APQLINAR SANGALANG, MANUEL
VALVERDE & WQQDFIELD PARK CIP GG 22-35
aggregate limit shall be at least twice the required occurrence limit.
Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefram, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non- owned automobiles.
Coverage shall be at least as broad as Insurance Services ffice Commercial General iability occurrence form CG 0 01 ( ed. 11/ 88 and Insurance Services Office Automobile Liability form CA OOa1 ed. 12/ 90) Code 1 { any auto).
Each of the following shall be included in the insurance coverage or added as an endorsement to the poficy:
i) CITY, its officers, employees, and volunteers are to be cavered as insured with respect to each of the following:
liability arising out of activities performed by or an behalf of CONTRACTOR, products and completed operations of
CONTRACTOR; premises owned, occupied or used by
CONTRACTOR. The coverage shall Gontain no special
limitations an the scope of protection afforded to CITY, its afficers, employees, agents, ar volur teers.
ii) The insurance shall cvver on an occurrence or an accident basis, and nat an a claim made basis.
iii) An endorsement must state that cQverage is primary insurance and that na other insurance affected by the CITY will be called upon to contribu#e to a loss under the coverage. iv} Any failure of CaNTRACTOR to comply with reporting
provisions of the poficy shall not affect coverage provided to CfTY and its officers, employees, agents, and volunteers. v} Insurance is to be placed with California- admitted insurers with a Best' s rating of no less than A: VII.
vi} Notice af cancellation ar non- renewal must be received by CITY at least thirty days priar to such change.
c) Deductibles and Self- Insured Retentions. C4NTRACTOR shall disclose the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement.
527
DocuSign Enveiope Ip; A01 ED843- 4D36- 4A98- 89F6- 6CEFB4566Ab6 SERVICE GQNTRACT BETWEEN THE C1TY { F LATHROP AND
ICU TECHNOLOGIES, INC.
PROVIDE AND tNSTALL CAMERA SURVEtLLANCE YSTEMS FC R
MAJOR CITY PARKS AT APOL NAR SANGALANG, MANUEL
VALVERDE & W40DFIELD PARK CIP GG 22- 35
During the period covered by this Agreement, upon express written authorization of CITY Manager, CON7RACTQR may increase such deductibles or self-insured retentians with respect to CITY, its officers, emplayees, agents, and volunteers. The ClTY Manager may condition approval of an increase in deductible or self- insured retention levels upon a requirement that CONTRACTQR procure a bond guaranteeing payment of losses and related investiga#ions, claim administration, and defense expenses that is satisfac#ory in all respects to each of them.
d) Notice af Reduction in Caveraqe. In the event that any coverage required under subsectinns ( a), ( b}, or ( c) of this section of the Agreement is reduced, limited, or materially affected in any other manner, CONTRACT R shall provide written notice to CITY at CONTRACTQR' S earliest possible opportunity and in no case later than five days after CONTRACTOR is notified of the change in coverage.
e) In addition ta any other remedies CITY may have if CQNTRACT R fails ta provide or maintain any insurance policies or policy endorsements ta the extent and within the time herein required, CITY may, at its sole option:
i) Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
ii) rder CONTRACTaR to stop work under #his Agreement or withhold any payment which becomes due to eONTRACT4R
hereunder, or both stop work and withhold any payment, until CONTRACTOR demonstrates compliance with the
requirements hereof;
iii) Terminate this Agreement.
Exercise of any of the above remedies, hawever, is an alternative to other remedies CITY may have and is nat the exclusive remedy for CONTRACTOR' S breach. 1NDEMNIFICATI4N
Cantractor agrees to protect, defend, indemnify and hold City, its City Council members, officers, employees, engineer, and consultants harmless from and against any
528
DocuSign Ernelope Ib: A01ED843- 4d36-4A98- B9F8- 6CEF60568AD8
SERVICE CONTRA T BETWEEN THE CITY QF LATHROP AND
ICU TECHNOLQGIES, INC.
PROVIDE AND INSTALL CAMERA SURVEfLLANCE SYSTEMS F R
MAJOR CITY PARKS AT APaLINAR SANGALANG, MANUEL
VALVERDE & WOODFIELQ PARK CtP GG 22- 35
and all claims, demands, liabilities, losses, damages, costs, expenses, liens, penalties, suits, or judgments, arising in whole or in part, directly or indirectly, at any time from any injury to or death of persons or clamage to property as a result of the wiNful or neg)igent act or omission of Contractor, or which results from Contractor' s noncompliance with any Law respecting the condition, use, occupation or safety of the Project site, or any part hereof, or which arises from Contractor's failure ta do anything required under this Contract or for doing anything which Contractor is requir d not to do under this Contract, or which arises from conduct for which any Law imposes strict liability on Cantractar in the performance of or failure to perform the terms and conditions of this Contract, except as may arise from the sole willful or negligent act ar omission of City or any of its City Council members, officers, employees.
This indemnification shall e ctend to any and all claim, demands, ar liens made or filed by reason of any canstruction, renovation, or remodeling work performed by Gontractor under this Contract at any time during the term of this Gontract, or arising thereafter.
SEVERABILiTY
Nothing contained in the Cantract shall be construed so as to require the commissian of any act contrary to law. Should a conflict arise between any provision cantained herein and any present or future statute, law, ardinance or regulation contrary to which the parties have no legal right t contract or act, the latter shall prevail and the pravision of this Gontract which is affected shall be curtailed and limited bu# only ta the ex#ent necessary ta bring it within the requirements of the law. If such curtailment or limitation is not possible, the affected provision shall be of no force and effect. Except as aforesaid, such illegality shali not affact the validity of this Contract.
COMPLETE AGREEMENT
This Contract supersedes any and all agreements, either oral ar in writing, between the Parties with respect ta the subject matter herein. Each party to this Contract acknowledges that no representation by any party which is not embodied herein or any other agreement, statement, or promise not contained in this Contract shall be valid and binding.
iNTERPRETATI N
a) The par#ies hereto acknowledge and agree that each has been given the opportunity to independently review this Contract with legal counsel, and/ or has the requisite experience and sophistication to understand, interpret and agree to the particular language of the provisions of the Contract.
529
DocuSign Envelope ID: A01 ED& l3-4D36- 4A9& 69 6- 6CEF8056BAD8
SERVICE C NTRACT BETWEEN THE CITY OF LATHROP AND
ICU TECHNQLCIGIES, INC.
PRUVIDE AND INSTALL CAMERA SURVEILLANCE SYSTEMS FOR
MAJOR CITY PARKS AT APOLINAR SANGALANG, MANUEL
VALVERDE & W 4DFIELD PARK CIP GG 22- 35
b) In the event of a controversy or dispute between the parties concerning the pravisions herein, this document shall be interpreted according to the provisions herein and no presumption shaN arise concerning the draftsmanship of such provision.
APPLICABLE LAW
a) The parties hereto understand and agre that the terms of this Contract, and its Exhibits, have been negotiated and executed within the State of California and shall be governed by and construed under the laws of the State of California.
b) In the event of a dispute conceming the ierms of this Contrac#, the parties hereto expressly agree that the venue for any Isgal action shall be with the appropriate court in the County of San Joaquin, State of California.
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 Agreemant on behalf of the respective iegal entities of the CONTRACTOR and the CITY. This agreement shall inure to the benefit of and be binding upon the parties hereta and their respective successors and assigns.
530
DocuSign Envelope ID: A01 ED843-4D3fr4A98-B9F6-&CEF80568AD6 SERVICE CQNTRACT BETWEEN THE CtTY OF LATHRtJP AND
ICU TECHNOLQGIES, INC.
PR4VIDE AND fNSTALL GAMERA SURVEILLANCE YSTEMS F R
MAJOR GITY PARKS AT AP LINAR SANGALANG, MANUEL
VALVERQE WOODFIELD PARK CIP GG 22- 35
Approved as to Form: City of Lathrop
City Attorney
7 _ -.' - } Z ( ._ zC Z.3
S IvadcS'r Navarrete Date
Recommended for Approval: City of Lathrop
Director of Information Systems
s:
wy t., c. s
1/ zo/ 2oz3
2DE839924888400,
Tony Fernandes Date
Approved By: City af Lathrop
39a Towne Centre Drive
Lathrop, CA 95330
r "—
Fosz 27- 2.GZ3
Stephen J. Saivatore Date
City Manager
Contractor. ICU Technologie5, Inc.
1382 Blue Oaks Blvd., Suite 110
Roseville, CA 95678
Fed iD # 27-3118908
Lathrap Business License # 41814
nocusqo. a ey:
1/ 20/ 2023
J
Signature Date
Tommy Smith
CEO
Print Name and Title
531
DocuSign Envelope ID: A01 ED643- 4D36- 4A98- 69F6- 6CEF60568AOB
EXHIBIT A
1CU Technolo9ies, Int.
t
Roseville,
382 lue
CA
oaks
9567'
Bivd,
8 5uire 1 t3 Esti m ate
U ited 5tates
2022- 217a
e f t o TOTAL
City df L, throp
City ot tathrop
3gb Towne tentre Dr
Lathrop CA g5330
United Siates
Date: l0t! 1/ 2022
Ship To E cptratton Project Contract
Ciry of tathrop 01tt 0i2 23 Ctty of l.athrop: Ciry Parks G5A 47QSVVA16a003K ity af Lathrop Video SvluEion
394 Towne Centre Dr
Lathrop CA 95334
United States
SIN Item Qu t[ty Rate Amount
33 i22t 1SC- H4A- 3M} i-270 1 i,720. 47 51, 720.47
3X5 MP, WDR, LightCat her, 2. 8mm, Camera Only
33422Q 20C• H4A- 4MFE- 350 1 52, 007. 2Z 52, 007. 22
4X5 MP, WDR, lightCatther, 2.Smm, Camera On{y
OLM Pp354 4 5448. 54 31, 794. 00
Pelco PP350 Parapet Wafl Mount
UI. M ttU tSA• MISC 4 S1{? Q. OQ 5400. Q0
FMP Poie Mount Adapter ior WMP- S adnWMP- L
334220 114AMN- Aa-IRIL1 1 S315. 41 5315. 41
Optlonal 1R illuminator ring, up to 3 m t10aft), for use with Ff4AMH• t U• COVR1.
O! M H4AMH- DO- COYR1 2 5129. 6 5259. 20
Dome bubbie and caver, for outdaar surFate mount or
pendant mount, tlear.
Olt i i i4AMH• AD- PfNDi Z Sib2. 00 5324. 00
Outdoar pendant rnount adapter, must arder one oF
tRPT1- MNT- WALi. 1 or IRPTZ- MNT- HPTAi and one of
H4AMN- DQ-C VRt or H4AMH- dO-COVRt- SMOKE.
S3LM IRPTZ- MNTfiIPTA' 1
4 44. 55 S1T$. ZO
Maunt, Pend NPT Adapter. lR PTZ
33422U 2.00- H42R TZ- DP3o- wP 2 53, 178. 98 56, 357. 96 2MP H4 IR PiZ, with Wiper 30X, Self-learning anatytics, IKtU, IP66, 254m IR
334220 VMA- AS3 8P& NA 2 52,552. 59 55, 105. 18
HD Yideo Appffance 8-part 8't6; NA. ACC liCertses sold
separatety
33A22a att7•ENT 4 S25&. 39 5, 033.56
ACC 7 Enterprlse Edition tamera IMcense
01.M PaE-1PiJ2- 60VI NA Z 5117. 66 5235. 32
Indoor single port Gigabii Pof++ pW
N
i at3
2022•3i70
532
DocuSig Envelope ID: A41 D843- 4D36- 4A98- 69F6- 6CEFB0568ADB 1CU Tech alog,; n.
1382
RosevQie,
Hlue
CA
Oaks
95678
Blvd, 5uite t 1Q Esti r ate
Unfted StaEes
2Q22- 2170
S! M ltem Quantky Rate Amo t
aLM POE- INJ2- 95W- NA Z f324. Q0 5648. d0
Iridnar singie Part PoE In ector G gabit, 95W, NA power tord, foc ttse witfi H4IR P
OlM ICU• GSA• MISC S& 11. 00 3841. 40
RSU Enciosure indudinq pole mount
OE_M ICU- GSA- MISC 1 51. 400.( J{? f'i, 400. Q0
Misc InsWltation materials, including cabling, conduit, ftttings, blatks, ton eaors, and patth cabtes
O Nt ICU- GSA- MISC t 5743. 82 f703.82
l.aw Prafile vertical V1faR Mount Enclosure 361nth Serve Depth Patch Panel tabinet 91ack
541330. Secu ity Tethnician i
b4 3127. 27 SB, t 45. 28
Expert in securiry system design and Instaltatla.
Provides advice, counsel, review servicez, and a nions
an a wide variety a!`matters pertaiMng to secu ry
systems ope ations and systems managemen[.
541330L Pro, ct lead 6 5161. 54 5969. 24
eads and dlrecu the performance af a varlety of
reiated Secu iry and surveillarxe technolQgy project.
Responsible Eor ensurfng hic h qua[Iry praducts and
services tt at are de!"wered according to the agrcied
sthedule and budget of the applfcable task/ deiivery
order.
54t330 5etu ity Eagineer 3 5171. 33 5513. 99
torrtribute in the executlon af the day-to-day tasks and support of the proJett along wtth impEementing and
deployfng the maaor portlon$ of the soiuti n. Applies
engIneerTng expertise and knowledge of state- of-the- art saftware, h dware, network lnfrastructure, and/ ar
infarmat on technology in support of lntegratton of
securfty and survefllance tecfinoingy systems.
5a/ 3304 Praject Manager 3 5195. 80 S587. 40
Oversees and leads asslQned tasks of prajecis for law
enfarcement, hamelanddefense, emergency
Preparedness, K- 12 campus saiety and security
ntormatian technology cfler ts. Gufdes projects from the original concept through final implementation, Defines
pro ect scape and obJectives, including deve pfag
detailed wark plans, day-ta-day management direction,
schedutes, praject estlrnates, resource pians, status
reports, and praject tratking and anaFysis. Condurts
project meetings and ensures quality stendards.
Provides advanted techNtat and strategic guldance to
mult(pie pro)ett teams and uverse z proJett
deiiverables. Responsibie fa' asslstirtg in aq aspects oF prajett technical, c tractuai, admin stratnre, dnd
tin ncEsl perfarmance.
Subtatal 533, 539. 25
iF Chargt 0.75S6% S253A2
OLM ; Cil- SHIPPING 1 5225. 00 5225. 00
Freight to customer lotation
IIti111 111 1 111! 1 2° 3
z.,
533
DocuSign Envelope iD: A01 ED843- dp3f 4A98- B9F6-BCEFBQ566ADB ICU Technologies ln,
RoseviHe,
1382 Slue
G4
Daks
95678
B vd, Suite 110 Es i mate
United States
C U
ozz-z o
subcuta s3a. o, 7. 67
Tax Total{! L) 51, 95. 36
Tatal 535, 968. 03
t oa osaaa
Emdil Order Lo ar ier_<pic wtpchinccorn
Payment by credtt card wfp intiude a 4% protessing fee
Accepted By:
Atcepted ate:
1 1
3 c 3
2or2- 2» o
534
DocuSign Envelope ID: A01 ED843- 4D36- 4q98- B9F6- BCEF8056BAD$
EXHIBIT B
ICU Technolo ies Inc.
t
382 glue oaks B vd, Suite t t o
Roseviile, CA 95678
United States
c u
202- 2171
s; u' ti T07'AI.
City of Lathrop
Ciry of Lathrop
39{ I Towne Certcre Dr Q / .
UntedStaes t
Date: 1011112022
5h}pTo E kad Projett Contratt
City of LaEhrop Ui/ 12/ 20Z3 Cicy of lathrop: City Parfcs GSA it dTQSWA18 Q03K City of Lathrap Video Sotutton
390 Towne Cencre Dr
Lathrap CA 9533a
United 5tates
SIN item Quandty Rau Rmount
33422Q 15C- H4A• 3MM- 270 51, 720. 47 SS, 161. 41
3X5 MP, WDR, LlghtCatther, 2. 8mm, Camera nly
3342Z0 ZOC• H4A- 4MH- 360 1 f2. 007. 22 52, 007. 22
4X5 MP, WDR, I. ightCatcher, 2.8mm, Camera Only
tM PP350 6 S44$. SQ 52, 69i.
Pelcn PP35Q parapet Wall Mount
Q M ICtt• G5A• MISC 141. 00 5246. 00
PMp Pale Maunt Adapter tor WMP- s adnWMP• L
334220 H4AMH- AD- IRIt1 4 3 5. 41 S1, 2b1. b4
Qptional iR illuminator ring, up to 30m i
ft}. or use
nnth N4AMH- Df• CdVR1.
A M H4AMN- DU- C VR1 4 5129. 60 SSi$. 4Q
Dors e bubble and cover, for outdoor surface mount or
pendant mounc, ciear.
OlM H4AMti- AQ- PEFiD1 4 ft62. 00 5648. 00
OutdoQr pendant mount adapter, must order one of
IRPTZ- MA1T• WALL! ar IRPTI- MNT- NPTR1 enct o te of
N4AMH• Od- COVR1 or HdAMH• DO- COVRI- SMQKE.
QtM IRP7Z• MNT NPTA1 6 S44. 55 5267. 30
Mouni, Pend NPT Adapter,! R PTZ
334220 2.00• H4IRPT[? P30 WP S3, i7898 56, 357. 96
2MP H4 IR PlZ, with Wiper 30X, Self•{earning analytics, IKiO, IP66, 250m iR
OlM VMA- AS3- 24P24- NA 1 58. 720. 11 S$, 72a. 11
ND Video Appilance 24Part 4T8
334220 ACC7• ENT 5 5258. 39 x1, 550. 34
ACC 7 Enterprise Edition camera license
OLM POE- INj2 50W- NA 4 St i 7. 66 5470. b4
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2022- 21T1
535
flocuSign Envelape tD: A01ED843- 4Q36- 4A98- B9F6- 6CEFB056BAD6 3CU Technologies, lnt.
382 Blue Oafcs Btvd, Suite 11U L
Roseville, CA 95678
United States
2Q22- 21 ? 1
SIN item Qusntity Ratt Arnount
OLM POE-IN] 2-95W- NA 2 5324. QD 5648. 00
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OLM ICU- GSA• MISC 2 5841. 00 51, 682. 00
RSU Enclosure induding pole mou t
OLM ICU- GSA- MI5C 1 S1. 6W. 00 51, 600. 0
Mist InstallaElo materlafs, fnduding cabling, canduit,
fittings, blocks, connectars, and patch cables
t7Lt ICU- GSA- MLSC 1 5703. 82 5703. 82
Loti+r P afile Vertica) WaH Mount Enclosure 36 lnch Server Oepth Patch panei Gabinet Biatk
54i3301 SecurityTechnicianl 80 5127. 27 St0. t81. 6t1
E cpert in sewrity system design and inttallatlon.
Provides advice, caunsel, review services, and opinlons on a wide variety af matters pertalntng to security
syscems aperatlons and systems managemenG
541334L Project Lead S 5161. 5d 1, 292. 32
Leads and directs the pertarmance of a variery of
related 5ec riry and surveiliance tethnaiogy p oJecEs.
Responslble for ensurMg high quafiry products a d
servlces that are delivered according to the agreed
schedule and budget af the appfica6le task/ det'rv ry
order.
54133 1 Seturity Engineer 3 S171. 33 SS1. 99
Contribute in the exetution af che day-to-day tasks and support of ihe projett alnng wtth implement ng and
deploying the major portlons of the 5c lution. App(fes
engineering expertfse and k wledge of state- of-the- art software, hardware, netwark infrasiructur, andlar
information technology in suppart of fntegradon of
security and surveiilance technniogy systems.
54t33ot project Manager 3 Si45. 8Q 5587. 40
Oversees and teads asstgned tasks ot pr etts iar taw
enforcerr ent, homela d defense, emergency
preparedness, K- 12 campus safecy and seturiry
nfo matian Eechno ogy[ lients. Guides pra ects from the or mal cancept through final imp ementation. Defines
pro ect scope and ot ectFves, lnctud'eng developing
detatlad wofk plans, day-to-day management direttfon,
schedutes, proJect estimates, resource p[ans, status
reports, and project tracking and a alysis, Conducts
pro ect meet ngs and ensures qualiry standards.
Provides advanced technkal and strategEc guidance co
muitipie proJect tearns and oversees p oject
deirverables. Respon5ible far assisting in at) aspects af pro ect technkai, cantractuai, administrative, and
Einanciat performance.
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CA
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Taz Totat( 94j 53, 529. 15
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ICU Technatagies, Inc.
RosevilEe,
1382 Blue
CA
Daks
95b78
8lvd, Suite 11 ate
United States
2Q22- Z 172
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Ciry oathrop
Ciry ot Lathrc p
390 Towne Cenire Or
Lathrop CA 95330
U lted States
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City of athrop 01/ 12/ 20 3 CIry of athrop: City Parks GSA 47QSWAt 8D0U3K City of Lathrop Vldeo 5alutlon
390 Towne Centre Dr
Lathrop CA 95334
Un ted Scates
lxem Quant{ ty itace Amounc
334220 15GH4A- 3MIi- 27d 3 51, 720. 47 S5, ib1. 41
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33AZ2Q ZOC- H4A- 4MH• 360 2 S2. a07. 22 4. 014. 44
4X5 MP, WDR, t ghtCatcher,. 8mm, Camera Only
OLM Pp350 3 S448. 5Q 51, 345. SQ
Pelco PP350 Parapet Wap Maunt
OLM ICU- SA- MISC 3 5100. OQ S30a. Qp
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33-0220 M4AMH- AD- IRI1. 9 5 1315. 41 3i, 577.05
Optiona! IR il minator ring, up to 30m( t00ft),for use
with N4AMH- DO- COVRt.
OlM H AMN- DQ• COVR7 5 5129. b0 5648.00
Dome bubble and caver, far outdaor surface mount or
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OLM N4AM1i- Ab-PENDt 5 St62. 00 5810. 00
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United States
2022-2172
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54133Qt Projectlead 12 S16t. 54 51, 438. 48
eads and direcis che perFormance vf a variery of
retated Security and sunreitlance tect nology proJects.
Respons ble for ensuring high quaNty praducts and
services that are del vered accardfng to the agreed
sthedute and butfget of the apptfca6le tasWdelivery
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informatfon tethna Ogy In uppoR of Integratlon of
zecuriry and surveiliance[ echnology systems.
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f3versees and leads assigned tasks ot projects fa-iaw
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preparedness, K- 12 campus safety and security
informatton technology tllents. Gufdts proJects from the ari nal cancept ttuough final lmplementatlon. Defines
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738 Biue ak Bivd, Suite 910 C
Roseville, CA 95G78
Unitecf States
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ITEM 4. 19
CITY MANAGER' S REPORT
APRIL 10, 2023 CITY COUNCIL REGULAR MEETING
ITEM: CREATE CIP PS 23- 18 FOR MCKINLEY AVENUE
PAVEMENT REHABILITATION, AND APPROVE
BUDGET AMENDMENT
RECOMMENDATION: Adopt Resolution Creating CIP PS 23- 18 for McKinley Avenue Pavement Rehabilitation and Approving
Budget Amendment
SUMMARY:
McKinley Avenue is a north south collector between Lathrop Road and Yosemite Avenue. The existing pavement condition is poor with a Pavement Conditions Index PCI) rating of 63. As a result, staff is proposing to create Capital Improvement Project ( CIP) PS 23- 18 for McKinley Avenue Pavement Rehabilitation ( Project) to address and repair deteriorated pavement surface.
The proposed Project consists of a Full- Depth Reclamation ( FDR) flexible pavement treatment on the most impacted segments along McKinley Avenue from Louise Avenue to Yosemite Avenue. The segment of McKinley Avenue from Lathrop Road to Louise Avenue does not require maintenance at this time. The scope of work entails reconstructing the road' s structural section, wearing course, and the installation of new striping.
Staff requests that City Council approve the creation of CIP PS 23- 18 for McKinley Avenue Pavement Rehabilitation. Sufficient funds were not allocated in the approved FY 22/ 23 budget, and therefore staff requests approval of a budget amendment transferring $ 100, 000 from the Transportation Development Act - Local Transportation Fund ( TDA- LTF) ( 2140) to the CIP Project Fund to create the project and fund the design engineering services.
BACKGROUND:
McKinley Avenue is a ( 2) lane minor arterial that runs north- south from Lathrop Road to the southerly City of Lathrop limits. The area is bounded by Service Commercial, Limited and General Industrial zoning, which permits heavy truck usage.
Through field observations and utilizing the City' s Pavement Management System PMS), staff assessed and determined the need to rehabilitate McKinley Avenue from Louise Avenue to Yosemite Avenue. The segment of McKinley Avenue from Lathrop Road to Louise Avenue does not require maintenance at this time. Staff proposes to create CIP PS 23- 18 for McKinley Avenue Pavement Rehabilitation to maintain and repair deteriorated pavement surface. The proposed Project consists of a Full- Depth Reclamation flexible pavement treatment on the most affected segment along McKinley Avenue from Louise Avenue to Yosemite Avenue.
541
CITY MANAGER' S REPORT PAGE 2
APRIL 10, 2023 CITY COUNCIL REGULAR MEETING
CREATE CIP PS 23- 18 FOR MCKINLEY AVENUE PAVEMENT REHABILITATION,
AND APPROVE BUDGET AMENDMENT
FDR is an in- place recycling method for reconstructing existing flexible pavements using the existing pavement section material as the base for the new roadwaywearing surface. This process can include adding chemicals to the base layer to increase its strength capacity. Treating the base layer and recycled asphalt provides a stronger foundation for heavy truck traffic.
REASON FOR RECOMMENDATION:
Creation of the Project is necessary to repair and rehabilitate existing pavement deficiencies on McKinley Ave, such as alligator cracks, small potholes, and faded striping. Cracks provide an opening for water to enter the asphalt and the subbase, and with raining, the cracks and damages will increase significantly.
Approving the creation of CIP PS 23- 18 will allow the City to begin planning and designing phases for the proposed project. Staff will return to Council at a later date to award a construction contract.
FISCAL IMPACT:
To initiate the project and fund the design phase, staff is also requesting City Council approve a budget amendment transferring $ 100, 000 from the fund balance ( TDALTF) ( 2140) to the CIP Project Fund ( 3310) as follows:
Increase Transfer Out
2140- 9900- 990- 9010 100, 000
Increase Transfer In
3310- 9900- 393- 0000 PS 23- 18 100, 000
Increase Appropriation
3310- 8000- 420- 1200 PS 23- 18 100, 000
ATTACH M ENTS:
A. Resolution Creating CIP PS 23- 18 for McKinley Avenue Pavement Rehabilitation and Approving Budget Amendment
B. Location Map - CIP PS 23- 18 for McKinley Avenue Pavement Rehabilitation 542
CITY MANAGER' S REPORT PAGE 3
APRIL 10, 2023 CITY COUNCIL REGULAR MEETING
CREATE CIP PS 23- 18 FOR MCKINLEY AVENUE PAVEMENT REHABILITATION,
AND APPROVE BUDGET AMENDMENT
APPROVALS:
03 -- 2d- 2 23
An ca Date
Assistant Engineer
3- 28 -? z_
Ken Reed Date
Senior Construction Manager
y/ 3 zo23
Brad T ylor Date
City Engineer
H• • zo2 3
Michael King Date
Assis nt Ci nager
3 Cari Jame Date
Finance Di ctor
Z ' • zoZ
Salvador Navarrete Date
City Attorney
l3
Step en J. Salvatore Date
City Manager
543
RESOLUTION NO. 23-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP CREATING CIP PS 23- 18 FOR MCKINLEY AVENUE PAVEMENT
REHABILITATION, AND APPROVE BUDGET AMENDMENT
WHEREAS, McKinley Avenue is a ( 2) lane minor arterial that runs north- south from Lathrop Road to the southerly City of Lathrop limits. The area is bounded by Service Commercial, Limited and General Industrial zoning, which permits heavy truck usage; and
WHEREAS, through field observations and utilizing the City' s Pavement Management System ( PMS), staff assessed and determined the need to rehabilitate McKinley Avenue from Louise Avenue to Yosemite Avenue; and WHEREAS, the segment of McKinley Avenue from Lathrop Road to Louise Avenue does not require maintenance at this time; and
WHEREAS, staff is proposing to create Capital Improvement Project ( CIP) PS 23- 18 for McKinley Avenue Pavement Rehabilitation ( Project) to address and repair deteriorated pavement surface; and
WHEREAS, the proposed Project consists of a Full- Depth Reclamation ( FDR) flexible pavement treatment on the most impacted segments along McKinley Avenue from Louise Avenue to Yosemite Avenue; and
WHEREAS, the work entails reconstructing the road' s structural section, wearing course, and the installation of new striping; and WHEREAS, sufficient funds were not allocated in the approved FY 22/ 23 budget, and therefore request approval of a budget amendment transferring 100, 000 from the Transportation Development Act - Local Transportation Fund TDA- LTF) ( 2140) to the CIP Project Fund to create the project and fund the design engineering services as follows:
Increase Transfer Out
2080- 9900- 990- 9010 100, 000
Increase Transfer In
3310- 9900- 393- 0000 PS 23- 18 100, 000
Increase A propriation
3310- 8000- 420- 1200 PS 23- 18 100, 000
544
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby approves the creation of Capital Improvement Project ( CIP) PS 23- 18 for McKinley Avenue Pavement Rehabilitation; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop also approves a budget amendment transferring $ 100, 000 from the Transportation Development Act - Local Transportation Fund ( TDA- LTF) ( 2140) to the CIP Project Fund ( 3310) as detailed above.
545
The foregoing resolution was passed and adopted this 10th day of April 2023, 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 546
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548
CITY MANAGER' S REPORT
ITEM 4. 20
APRIL 10, 2023 CITY COUNCIL REGULAR MEETING
ITEM: GRAND 7URY REPORT RESPONSE UPDATE
RECOMMENDATION: Direct the City Attorney to Submit a Letter to the Presiding udge of the San 7oaquin County Superior
Court Responding with an Update to the Findings
and Recommendations of the Grand 7ury Report On
Cybersecurity.
SUMMARY
On September 12, 2022 at its regularly scheduled City Council meeting, the City Council accepted the 2021/ 2022 San Joaquin County Grand Jury Final Report for Case No. 0321 regarding cyber security ( Attachment A") and directed the City Attorney to send a response letter (" Attachment B"). Within Findings and Recommendations 3. 3 and 3. 4, The Grand Jury recommended the City develop, adopt and implement a formal, written Business Continuity Plan and develop, adopt and implement formal, written, internal policies and procedures for potential ransomware attacks.
The City agreed with Findings and Recommendations 3. 3 and 3. 4, and instructed staff to draft written cyber security policies and procedures.
BACKGROUND
On September 12, 2022 at its regularly scheduled City Council meeting, the City Council accepted the 2021/ 2022 San ] oaquin County Grand ] ury Final Report for Case No. 0321 regarding cyber security and directed the City Attorney to send a response letter. Within Findings and Recommendations 3. 3 and 3. 4, The Grand Jury recommended the City develop, adopt and implement a formal, written Business Continuity Plan and develop, adopt and implement formal, written, internal policies and procedures for potential ransomware attacks.
City staff, with the assistance of hired consultants and the City' s insurer, drafted Information Systems Department procedures and provided drafts of those policies regarding cyber security to the Grand Jury on March 28, 2023 as further response to the Final Report for Case No. 0321 Findings and Recommendations 3. 3 and 3. 4.
The Grand Jury provided the requested edits or changes. Therefore, to finalize the City' s response, staff requests City Council approval of the following updated responses:
Grand ) ury Finding F3. 3: " The City of Lathrop does not have an approved Business Continuity Plan, rendering the City relatively unprepared to restore essential services in a disruptive event."
549
CITY MANAGER' S REPORT PAGE 2
APRIL 10, 2023 CITY COUNCIL REGULAR MEETING
GRAND ) URY REPORT RESPONSE UPDATE
Grand Jury Recommendation R3. 3: " By January 1, 2023, the Lathrop City Council, in conjunction with the City' s IT department, develop, adopt and implement a Business Continuity Plan."
City Council Original Response: The City of Lathrop has an unwritten Business Continuity Plan but not a written one. The City of Lathrop City Council agrees with Grand Jury Finding F3. 3 and Recommendation R3. 3 and documentation is anticipated to be complete by January of 2023.
Proposed Followup Response: The City worked with its consultant on the development and standardization of the City' s unwritten Business Continuity Plan. Because those policies include confidential details that would allow a potential hacker to gain easier access to the City' s Information Technology resources, those were shared confidentially with the Grand ) ury on March 28, 2023 and Council adopts the same in compliance with the Grand Jury' s recommendation. Redactions on the attached Business Continuity- Disaster Recovery Plan are intended to protect security information.
Grand ) ury Finding F3. 4: " The City of Lathrop does not have a formal internal policy or procedure to address ransomware attacks. This absence of policy could cause confusion, delay and greater loss of security in the event of such an attack."
Grand ury Recommendation R3. 4: By November 1, 2022, the Lathrop City Council, in conjunction with the City' s IT department, develop, adopt and implement a formal internal policy and procedure for a ransomware attack." City Council Original Response: The City of Lathrop has an unwritten, internal procedure to address ransomware attacks and, in addition to such, has hired a consultant whom will assist the City in development and implementation of a formal written policy for procedures to address ransomware attacks. The City of Lathrop City Council agrees with Grand Jury Finding F3. 4 and Recommendation R3. 4 and anticipates documentation will be complete by January of 2023.
Proposed Followup Response: The City worked with its consultant on the development of the City' s unwritten, internal procedures to address ransomware attacks and standardize those into internal policies. Because those policies include confidential details that would allow a potential hacker to gain easier access to the City' s Information Technology resources, those were shared confidentially with the Grand Jury on March 28, 2023 and Council adopts the same in compliance with the Grand Jury' s recommendation. Redactions on the attached Information Security Policy and the inclusion of only the Executive Summary and Introduction of the Incident Response Plan are intended to protect security information. 550
CITY MANAGER' S REPORT PAGE 3
APRIL 10, 2023 CITY COUNCIL REGULAR MEETING
GRAND JURY REPORT RESPONSE UPDATE
RECOMMENDATION:
Staff recommends City Council consider approval of the City' s proposed updated responses to the Grand Jury and direct the City Attorney to submit responses to the Presiding Judge of the San Joaquin County Superior Court to the findings and the recommendations outlined in the Grand Jury Final Report for Case No. 0321.
FISCAL IMPACT:
None, except for staff time to prepare this report.
ATTACHMENTS:
A. Grand Jury Final Report, Case No. 0321
B. Letter to San Joaquin County Superior Court Presiding Judge in response to Grand Jury Final Report Case # 0321 dated September 13, 2022.
C. Draft Letter to San Joaquin County Superior Court Presiding Judge in follow- up response to Grand ) ury Final Report Case # 0321 D. City of Lathrop Draft Incident Response Plan Executive Summary and Introduction
E. City of Lathrop Draft Information Security Policy
F. City of Lathrop Draft Business Continuity- Disaster Recovery Plan 551
CITY MANAGER' S REPORT PAGE 4
APRIL 10, 2023 CITY COUNCIL REGULAR MEETING
GRAND JURY REPORT RESPONSE UPDATE
APPROVALS:
a
To ernandes Date
irector of Information Systems
4 5 2' 1r
Salvador Navarrete Date
City Attorney
23 Stephen J. Salvatore Date
City Manager
552
Attachment A
2021- 2022 San Joaquin County Grand Jury
w• s.
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San loaqujn County and Its Seven Cities:
Cybersecurity: Local Defense Against a Global Threat
Case# 0321
Summary
We hear reparts on a daify basis of cyberattacks occurring araund the worid. These attacks a e becoming increasingly sophisticated, disruptive and expensive. Attacks on government agencies can dtsrupt essential services, c ippling communitks. Agencies small and la ge are equally vulnerabl. There is an ever-growing demand for stolen data in an underground market.
Comprornise of information has proven to be a serfous threat on the cyber battleground, both domestically and internationally. Bad acto s hack intelligence, media and essential service systems.
Oth r disasters such as floods, fires, stonr s or p olonged power outages can tnterrupt essential services if providers' information systems are not adequately secure. According to one expert witness interviewed by the 2021- 2022 Grand 1ury," World War itl wiii be fought in cyberspace, not on the battlefield."
Grand Jury memben are nat technical experts but saught to understand the cybersecurity iandscape and local governments' ma agtment of their cybersecurity risks and vutnerabilities. In this investigation of inforrnation secn ity of San Joaquin County and its seven cities, the 2021-2022 Grand! ury made a" point in time" ass ssment of each entity' s information Systems Department ISDj, focusing primarfiy on tybersecu ity. The Grand Jury considered nine elements of any ISD and, through research of elevant Iiterature and input f om industry experts, established an expected standard for each of those elements. The G and 1ury then evaluated each of the agencies with respect to those expectations.
The Grand 1ury conduded that San Joaquin Courrty( S1C) has mature and robust security policies and systems. The County' s security arthitecture provided a model in evaluating each city' s systems.
The Grand ury determined that Escalon, lodi and Stockton met a tay person' s expectations for cybersecurity but were lacking efther a formal Business Continuity Plan( BCP) or Disaster 553
P epared ess Plan( PP), Lath op, Manteca and' fracy were found to have adequate security systems in place but lack documented plans for both Business Continuity and Disaster Preparedness. Ripon was found to-need improvtment in meeting several of the Gra d 1ury' s expectations, with lack of personnel being thefr g eatest chalienge.
The Grand 1ury ecommends that the County and affetted cities:
dcvelop, adopt and implernent a Busincss Continuiry Plan; develop, adopt and implement an IT Disaster Preparedness Plan; remedy specific cybers curiry risks found in this investigation; and the City of Ripon undergo a data system security rcvi w by an expert third party to assess the Ciry' s tT systems and protocois.
1'he Grand 1ury recognizes that cybersecurity is a dynamic process, a continually moving target which needs constant monito i g and updating.
Glossary
Acxess: The ability and means to commu icate with or otherwise interact with a system; to use system resources to manage information; to gain knowledge of the information the system contains; to control system components and functions.
Actor. bad actor, t6reat actor or attacker: An individual, group, organizatian or government that attempts or exocutes an attack.
Attack: An inte tiona) attempt tv gain unauthoriud access to system sen+ices, resources or infocmation; an attempt to compromise system integrity.
Aut6eutication: The process of verit3+ing the identity or other aurilwtes af an entity( user, proctss or device).
Aatborization: A process of deternrining, by evaluating applicable access control information. whether a subject is aliowed to have the specified types of aecess tn a particula rosource.
HCP: Business Continuity Plan. A document thai scu foKh procodares for the continued performance of core capabilities, critical operations and user services during any disruption or potential disruption.
CCISDA: Californis Counry Infonnation Services Dircctors Association. This is the official o genization ofthc county IT dit+eetors and chief infamation vfficers throughout the state of California. CCISDA repnsents all 58 California counties in the area of infannation technology in county government.
CIO: Chief lnformation 4fficer.
Computer Aided Diapsteh Systems: Used by dispatchers, call-takcrs, and 911 opecators to prioritize and record incident calls, identify the status and iocations of responders in the field and eflcctively dispatch rospondecs.
Coniideati lity: A properry of information that is not disclosed to users, processes ar devices unless they havc been authorized to access the informatian.
Cyber event or iacident: An occunence that actually or potentially results in adverst consequences to an infonnation system or he information that the system processes, storcs or transmits and that may rtx uice a response action to mitigat the consequences. An occurrence that constitutes a vialation ar immintnt thrcat of vialatian of stcurity poticies, sccurity procedures or aeceptable use policies.
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Cybersecurity: 7he activity, process, sbility, capability or state whereby information and communications systems and tfie information contained therein are protocted frorn at dlor defended against damage, unauthorized use, modification or exploitatian.
DPP: Disaster Preparedness Plen. A document that sets forth policies and procedures for restoration of information systems after a critica! incident or event from any sowce. The pian addnesses interim restorstion of iaformation operations in the short and medium term and ful! restoration ofa11 capabilides in the longer tenn.
Daa iategrity: The property that data is complete, intact and trusted and hss not been modified or destroyed in an unauthorized or accidentai manner.
Data security policy: A rulc or set of ruks thst govems the acceptable use of an organiution" s information and services to a level of acceptable risk and the mesns for protecting the organization' s infomtation assets.
Eneryptioa: The process of convecting data into a form that cannot be easily understaod by unaut wrized p ople or sgents.
FirewaU: A capabil'tty to limit netwark traffic between networks andlor information systems. A hardware! softwarc device, or a software pcogram, thst limiu netwodc traffic according to a set of nsles of what access is and is not aliawod or authorized.
Hacker. An unsuthoriud user wtw atternpts to or gains accass to en information system.
ISD: Infonr adon Systems Departmtnt.
IT: Information Technology.
KnowB4: A proprietary szcurity aw reness training pfatform. KnowB4 is usod by agencies for simuleted phishing activities and other email compromise tests, as welt as for othor IT sccurity training nceds.
Ms lw are: SoRwnre that cornpromises the operation of a system by performing an unauthoriud functian or pracess.
Mobik device maa ement tool: A security sottwaro tool designed to help organiaations secure, managa and monitor mobile devices such as smartphones and tablets.
Multi-fnctor authe tkatioa: An electronic authentication mechanism in which a user is granted access to an appiication only after presenting two or nwre piec s of evidence( fsctocs or keys only the authcntic user knows or possesses}.
Multi- tayer security acceas: Multi- layer security refers ta a system that uses numerous components to shield the IT infrasuucture. [ t is a defense mechanism that mitigatts, delays or prevcnts thrr,ats.
Network or eyber iafrastrnMuro: The infotmation and communication systems and services composexi of all hardwsre and software that process, store and communicate information; any combinstion of sll these elements.
Ne ct-gaoeration aystema: Security systems consisting of both firewall and intrusion prevention systems built in, ather than as edd- ons, abng with the feawres of basic fircwalls.
Ph hing: A digital form of sc cial rngineering to deceive individuals iato providing sensitive infocmation.
Ph ahing tat: A socurity training exercise designed to test usecs' wlnerability and rcinforce vigilance.
Preaidential E tecuNve Order 14028: " Improving thc Nation' s Cyb rsecurity"( issued May 12, 2021) reyuires agencies to enhance their cybersecurity system integrity. 3 555
Rsesomware: A type of maficious software designed to block access ta a computer systern unti) a sum of monay is paid.
Ransomware attack respoose plan: A set of prcdetermined and documented procedurcs to detect and respond to a cyber incident involving demand for ransom for recovery and restoration of data or systems.
Records Management System: The managemcnt of records for an organization throughout the records' life cycle.
Redundancy: Additionai or alternative systems, sub-systems, assets or processes that maintain a degtee of overal) functionality in case of loss or failure of another system, sub- system, asset or process. Typicalty applied ta power supplies and data backup systems.
Vuloerability: A characuristic oc specific weakness that rendcrs an organization or asset( such as information or an information system) open to exploitation by a given thrcat or susceptible to a given hazard.
Wi-Fi network: A family of wirekss nctwork protocols used for local area networking of devices and int rnet ccess, allowing nearby digital devices to exchang data by radio waves.
Background
The 2 8- 2009 San, loaquin County Grand Jury reported on information technolagy security, finding that seve a! County departments and two of the seven cities in the counry met expectations for information Technology(! i')security, while some County departments and five cities did not.
Recommendations were made and generally accepted in agency responses. In terms of technology, 200& 2009 was at ieast a generation ago. Government agencies use and store vast amounts of sensitive data on their residents and their employees, including personal identification data, financiat data, health data and legal data. AdditionaHy, these agencies provide services essentiai to our day-to-day lives, including publit safety police and fire), public works, health servites, water services and commun9ty developme t. The Grand 1ury recognizes that we are lay people, ha dly experts, in the fieid of IT. It was the intent of the 2021- 1022 6rand Jury to examine how the county and city governments within San Joaqufn County are exercising due diligente to protect information, defend agatnst future cyberattacks, maintain current disaster plans and provide ongoing training to employees in these matters.
Reason for I vestigation
As stated in Presidential Executive Order 24028,"... the prevention, detection, assessment and remediation of tyber incidents is a top priority and essential to nationai economic security." 5an Joaquin County has experiencecf ransomware and cybe secuNty attacks firsthand. SChool districts, municipalities and county agencies have been victimized in recent years. Given the ise in compiexity of IT, the current sophistication of cybercrime, and the essentiai natu e of govemment servtces provided, the Z021- 2022 Grand Jury u dertook an investigation i to the current state of security and disaster prepar dness of the IT systems of San loaquin County and the seven incorporated cities within the county.
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Method of Investigation
The 2021- 2422 Grand Jury surveyed six San oaquin Counry 17" depactment hcads and th City Manager or City Administretor of esch of the seven cities in the caunty; each resptmded to the survey. Subaequently, an sgency IT depsrtment head or staff member, an IT consuhant or a city administrator was interviewed to cl rify responses and to provide additionel material wi en applicable. The Grand Jury also interviewed independent cybersecurity experts. The expert witnesses have collectively more than 50 years' experience at diverse tevels of gove nment ranging from county to state to national infonr atlon systems and cy6ersecurity. R executives from one school dist ict were also interviewed. For this investigation, the Grand! ury intenriewed 16 individuais and attended cybersecurity presentatlons.
The Grand Jury also reviewtd numerous websites and newspaper and magazine articles relevant to this investigation. Additionally, the Grand 1ury reviewed dacuments provided, including network diagrams, ransomware Msurance polkies and other items.
Materisis Reviewed
2021• 2022 San Joaquin Counry Grand Jury surveys
Biden. Joseph. Executive Order o Improving the Natian' s Cybersscuriry. 12 May 2021.
Exccutive(? rdei# 14028
CaIfornia Jofnt Cyber Incfdent Response Gufde. California Office of Emergency Strvices Cyber Security Integration Center, 2 Aug. 2021
CyberAtockPreparedness! n Contra Casta County. Contra Costa County Civil C3rand Jury, 2021. Report 2104
Digilal Services arrd In»ovation Strategy. San Joaquin County, 19 Nov. 2020 How to Devslop a Ransonnvare Renudiatlon Plan. Rubrik, 2021 Informmton Technology Security. 2018- 2019 Santa Barbara County Grand Jury, 2019 Irrformation Technology Secta ity: Cities and San Joaquin County. 2008/ 2009 San Joaquin Courtty Grand Jury, 2009. Report No.03- 0$
Rarrsomware Deferrse for Dumnii s--2rid Edition. 2nd ed., Cisco Umbrella, 2021 Websites Visited
Cybersecurity& Infrsstructurc Security Agency." CYBERSECURITY CISA." Cisa.gov, Cybersecucity and Infrashucture Security Agency, 2019, www. cisagov/ cybersecw ity. Accesaed 6 May 2022.
Federal 7rade Commission. and Alvaro Puig." Cybersecurity Advice to Pmtcct Your Conrrocted Devices and Accounts:' SJgay. org, 24 Mar. 2022, www.sjgov. otg/ department/ da/ consumerale ts/consumer-slertsl'2022/ 03/ Z4/ cybersacurity- edvice-to-protect•your-cannected- devices- andaccounts. Accessed 6 May 2022.
Kuykendall, By Kristal." Cybecsecuriry Experts Call for More Tcanspacency and Immediate Resources for Schools-" The Journal, l7 Mar. 2022,
thejournal. com/ Articles/ 2022/ 03/ 17/ Cybersecurity- Experts- Call- For•More- Transparancy- andlmmediate-Resources-for-Schools.aspx?Page= 1. Accessed 6 May 2022.
S
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Marcum Accounts Advisors." What Is a SOC 2T' T'Jre SSAE 18 Repor i»g Standard• SOC 1 - SOC 2- SOC 3( Formerly SSAE 16), 81an. 2022, www.ssae- 16.com/faq/what-is•a•soc- 2/.
Accessed 30 Apr. 2022.
National lnstitute for Cybersecuriry Carcers and Studies." Cybersecuriry Glossary National Initiative for Cybersecurity Careers and Studiea." Niccs. cisa.gov, nices. cisa. gov/ aboutniccs/ cy[ rstcurity- glossary. Accessed 6 May 2022.
Unisys." Cyber Attacks•- What You Need to Know" Unisys, 2022, www. unisys. com. Accessed 6 May 2022.
Discussions, Fndings and Recommendations
General Discussion
The Grand 1ury recognizes cybersecurity is an extremely complicated topic. Specialized knowledge, experience and expertise are requi ed fo a deep understanding of what is necessary for adequate policfes, systems and architecture. Lack ng such specialized knowledge, the Grand Jury resea ched numerous sources, including recognized experts in this fieicf to detemnine the fotlowing elements of any ISD and to deflne the foUowing expectations for adequate cybersecurity in today' s environment.
Expectations
Orgaoizxtion: Each ocganization should have a dctailcd Organizetion Chart demanstrating the structure of its independent IT department. Cities lacking an independent IT department should have a chart showing where IT resides in their overall structure.
Network Dlagram: Each organization should have a detailed necworlc diagram indicating the rclationships between all IT architectural elements. Best- practice guidelints suggtst that this diagram bc conlidential.
Data Contident ality: Each organization should have an organization- wick poticy determining data confidentiality and access control. Policy for data access should ba clearly defined and deskspecific or station- specific.
DAta Security: Each organizatian shouid have next- gcneration systems and controls to ensure both physical and cybor secu ity for a111T assets. Next- gcneration firewalls and endpoint management systems provide protection against ever- evolving means of cyberattack. Data should be protected with daily or continuous backup and srchival systems. Backups should be protccted against corruption, extemal encryption and or deswction. Agencies should require multi- factor authentication for aecess to netwvrk systems.
Busibess Contiauity Plan ( BCP): Each organization should have a detailed, current, comprehensive plan for restoring scrvices in the event of disruption from any source.
Disaster Prepsredness Plaa ( DPP): Each organization shouid have a formal, detailed plan to prepare for various possible IT disruptions. This plan should be tested frequently and updated regularly.
Ransomware Policy: Each organization shauld have an intemal ( confidmtial) documented policy for agency response to a ransomware attack.
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Cyber Event Insurance: E h organization shoutd havc insurance coverage to help offset economic Iosses from cyber events.
Ongoiag Ewployea Training: Each organization shouid provide rigorous, frcquent training and ongoing testing of al! ernployees as an integral part of its cybersecurity profile.
Survey Results:
The tabte below indicatas whether an agency met( M), did not meet( N1Vn or was in the process of ineeting( IP) the nine d finad expoctations.
oR e o. a osa a on oa w. n c a. r T+ rr
awc a.a. n co lwa Mt s. wr nr Mqr w, a
S1G M M M M M M NM M M
Escsbn M M M M NM M M M M
t,athrop M M M M NM M NM NM M
trodi M M M M IP M M M M
MaMeq M M M M M M iP IP M
Rlpon M M M M NM NM NM M M
Stockton M M M M M M NM M M
Trary M M ; M M IP IP NM M M
1.0 San Joaquin County—Discussion
In Novtmber 2020, San loaquin County released a three-year( 2020-2023) strategic plan for ensuring continuing security, efficacy, cost- effectiveness and best- service outcomes to a11 end- users of County services and systems. The plan document" San Joaquin County Digitai Services and Innavatian Strategy" estabiished goals fer County digital service systems. fihese gaals— Modernizing and leveraging OurTechnology Environment— address objectives fcr a security posture:
1. Acquire and implemcnt cybersecurity technotogy to enable SJC to devefop industry- leading capabilities to help mitigate and addrcss cybecsecurity risk.
2. Develop snd mature security govemance end processes to meet dr exceed industry standards, enhanee security enforcement partnerships, and strcngthen Caunty pcaetiees.
3. Develop a robust security training program for thc County workforce, including enhanced trainin and develo ent for the securi workforce.
Excerpt fram" S n Joaquin County Digitel Services md lnnovation Strategy," November 19, 2020( page 6) San 7oaquin County has met these objectivts and continues tn update and enhance these processes as the cybersecurity landscape continues to evolve.
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San Joaquin County ISD oversces sil Co nty departmcnts, making it ane of the largest county ISDs in California. San loaquin County ISD is an activ participant in the Califomia Counry lnformation Systems Depertment Association( CCISDA). This association provides opportunities for counties ta sharc information and exp ricnces and offers$ uidance, such as standards fvr best-prectice policies.
Several latgc and specialiud departments within the County have their own IT departments and deparqnent chicfs who tcport to thc County' s Chief 1nfaRnation Officer. Additionally, SJC has a dedicated Information Security Officer. All these IT executives form a cybersecurity governance committee which meets monthly, with subgroups mceting more frequently as needed.
Counry 1SD and Human Resource Depanments conduct frequent and on- going employee training and testing using proprietacy software. ln addition to these Counry depamnents, sevcral Independent Special Districts in S3C use County IT scrvices through various memoranda of understending.
The only element of the defined expectations aot met by SJC is having an interna) dvcumented policy for response to a ransomwart attack.
San Joaquin County is a modei agency in the realm of information technology and maintenance of cybersecurity.
Findings
Fi. i San laaquin County does not have a formal intemal policy concerning payments or procedures in ransomware attacks. This absence of policy could cause confusion, delay and g eater loss of securiry i the event of such an attack.
F1. 2 San Joaquin County has an exemplary proffle regarding tyberseturity nd should serve es modei for oiher govemment agencies within San Joaquin County.
Recommendations
Rl. i By Novembe 1, 2022, the San Joaquin County Board of Supervisors, in conJunction with San loaqu n County ISD, develop, adopt and implement a formal internal policy and procedure for respo se to a ransomware attack.
2.0 tity of Escalon—Discussion
The City of Escalon does not have an independent IT department but has a contract agreement with Mid Valley IT to provide al! IT servlces. In the City organization, IT functions repart to the Finance and HR Dtrectors. Each ernployee is given a level of access according to assig ed esponsibilities within their department. All empioyees receive info matlo security trainfng sp cific to their responsibitities as wel) as general security awareness training. The IT consultant employs an aggressive multt-fayered approach ta mitigate security threats through wftware and hardware protection measures. Critical o cnnfidential data is stored in multiple cloud- based lacations and systems employing numerous safeguards, including use of multi-factar authentication for access.
IT funttions a e protected with a standby generator and redundant backups in case of a system failure. The generator is tested periadically for functionality. 8 560
The ty of Escalon met all but one of the expectations for adequate cybersecu ity. Escalon is by far the smatlest city irt San loaquin County, but by using a contraded IT secvice provider, Escalon is meeting its cybersecurity needs. The Gty of Escafon dces not have a documented Business Continuity Plan.
Findings
F2. 1 The City of Escalon does not have a documented 8usiness Continuity Plan, leaving the City relatfvely u prepared ta restor essential services in a disruptive event.
Recommendations
R2.1 By lanuary 1, 2023, the Escalon C'ity Council, in conjundion with Mtd Valley IT, develop, adopt and implement a Business Continuity Pian.
3.0 City o l.athrop- Diszussion
The Gty of lathrop met six of the expectations for the ntne elements considered in this investigation. Lathrop' s IT organization includes a Directar of I formation Technology at the cabinet teadership level, a palicy strongly recommended by an R expert for maximum R security. Including the Di edor of IT in frequent, regular meetings with other depanment heads allaws effective communication of IT secuNty needs to all City departments.
Expectations for data confidentiality and data security were met. However, use of muftl-factor authentication for system access was not universal at the time of this investigation, leaving LaChrop at higher risk af attack. lath op provides an unsecured public Wi-fi etwark, separate fram the City' s setu e business network and accessible to any user. Hackers or other bad actors could take advantage of the unsecured network, possibly resulti g in compromise of log•in credentlals from that network and passibly exposing the City to costly liability sufts. Lathrop w s in the process of developtng and approving a BCP and OPP pian at the time af this investigatlon. Similarly, the Clty was updating an intemal pollcy for response to a ranwmware attack. At the time of this investigation, lathrop ladced insurance agalnst losses tncurred in a cybenecurity inddent.
Find ngs
F3. 1 The C'ity of E. athrop does not employ mufti-fador authenUcation unive sally, leaving City systems more vulnerabte to the activities of bad actors.
F3. 2 The Clty of Lathrop provides an unsecured public Wi- Fl network. Misuse of this unsecured network could expose the City to liability risks.
E3. 3 The City of i.athrop does not have an approved Business Continuity Ptan, rendertng the City relatively unprepared to restore essential services in a disruptive ev nt. 4 561
F3. A The City of lathrop daes not have a formal intemat policy or procedure to address ransomware attacks. This absence of policy cautd cause confusion, delay and greater loss of stcurity in the event of such an attadc.
F3. 5 The City of Lathrop does not have an insurance polity covering financial bsses f om a cyberattack, possibly exposing City financial resources.
Recommendattons
R3. 1 By November 1, 2022, the Lathrop Clry Councif, in conjunction with the Cit} s IT department, develop, adopt and implement a procedu e for universal multi- facto authentication for access to City data.
R3. 2 By November 1, 2022, the Lathrop City Council, in conjundion with the C1ty' s IT department, provide a secure public Wi-Fi networic.
R3. 3 By January 1, 2023, the lath op City Councfl, i canjunction with the City' s IT depanment develop, adopt and implement a Business Continuity Plan.
R3. 4 By Novembtr 1, 2022, the Lathrop City Council, in conjunction with the City' s I7 department, devefop, adopt and implement a formal inte nai policy and procedure for a ransomwa e attack.
R3. 5 By 3anuary 1, 2023, the lath op City Council, in conjundion with the City' s IT department, obtai an insurante policy to mitigate fiscai impact resulting from cyberattadc or othe crrtical information system loss.
4.0 City of I.odi—Discussion
The City of lodi has a large IT division, responsibie for ati IT functions of the City. The division is responsibte for the integrity of the City' s cyber infrastructu e, maintenan e and support of all hardware and software, and assuring secure access to all network esources. lodi fell victim to a ransorn attacic in Aprii 2019. 1'hat unfortunate event caused the City to change its management of cybersecurity, significantly elevating the importance of vigilance by all Gty staff. lodi has implementtd a robust cyber awareness training prograrn fo alt City employees, incorparating education in tactics used by bad actors both inside and outside the City' s network. Monthiy training is foliowed by testing in topics covered. Citywide campaigns oaur quarterly to test empioyee response to phishing and other email-based attacks. The IT division head reports directly to the Deputy City Manager and meets egulariy with all City department heads. The City of lodi met a! 1 expectations for cybersecurity except for having a compieted, vp-to-date Business Continuity Plan.
The City has contracted a business cansuhing fi m to create a BCP, projected to be completed and implemented by the end of June 2022.
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Findings
F4. 1 The City of lodi does not have an approved 8usiness Continuity Plan, rende ing the City relatively unprepared to rcstore essent al services in a disruptive event.
F4. 2 The Gty of Lodi has fmplemented an excellent cyber awareness tra(ni g program for sll emplayets minimizing risk to darnage from cyberattack.
Recommendations
R4. 1 By lanuary 1, 2023, the lodi City Courxil, in conjunction with the City' s IT division, develop, adopt and implement a Business Continuity Plan.
5.0 City of Manteca- Discussion
The City af Manteca met seven of the nine expectations considered in this investigation. Manteca' s Info matian Technolagy department is independent in the City' s orga ization. The department director reports dJrcctly to the City Manager and meets weelciy with othe City departrnent heads.
User level of access is determined by position, badcg ound and other departmental factors.
Employees are trained on a rcgular basis. The training is mandatory for sll employees. Hard drives are encrypted, and a Mobile Device Managament tool Is used for tablets,( aptops and phanes.
Manteca' s ISD is cu rently updating its Information Technology Seturity Poltcy.' 1' his comprehdnsive policy has r ot been updated since 2010. Manteca's Oepartment of Informatio Technology and Innaystion is colla6orating with Gty administration and the qty Attorney to update all policies relating to information technolagy security. Similarly, the City is in the process of bringing both hardwa e and software systems up to ext-generation standards with new flrewall, malwa t, user access, backup systems and applicatw s in place. Employee t aining is executed th augh KnowB4, an industry- standard cybersecurity training program which includes phishing and other email compromise testing.
Rega ding firewalls and switches, roughly 6096 stiU operate off single nther than dual or redundant power wpplies. Over the next five years, the tity is phasing out aldcr devites as they reach end-oflife. indings
F5. 1 The City of Manteca has an Information Technology Security Policy whkh has not been updated since 2010, feaving the City relatively unprepared for a cyber event.
F5. 2 The Qty of Manteca lacks a policy and procedure for ransomwa e attacks. This absence of policy could cause co fusion, delay, and g eater loss of secu ity in the event of such an attack.
F5. 3 The C' ty of Manteca has a significant number of security devices with single power suppltes.
This latk of redundant power presents vulnerabiitty in major or p obnged power outages. 11 563
Recommendations
R5. 1 By lanuary 1, 2023, the Manteca City Cou cil, in conjunction with the City' s 15D, develop, approve and implement an updated Information Technology Security Policy.
R5. 2 By 3anuary 1, 2023, the Manteca City Council, in conjunttion with the City' s IS, develop, apprave and implement a confidential polky and procedure for esponse to a ransomware attack.
RS. 3 By March 1, 2023, the Manteca Gty Council, in co junction with the Ciry' s ISD, develop, approve and adopt an updated timeline to repiace single- owe ed units with dual-powered or redundant- powe ed units in thei network architecture.
6.0 City of Ripon- Oiscussion
7he City of Ripon has experienced turnover and vacancies in the IT Department in the past year.
The Director of IT resigned in eariy 2021. Subsequently, anothe IT Directar was hired but resigned within three manths. The City has contracted with a former IT employee as a temporary IT Director and is currently updating the job descriptfon for a permanent director of the R functions.
The City' s organizatiqn chart does not include an IT department or department head. The only IT position shown is within the Police Department.
Oata confidentiality is maintained through a three• tiered access structure. Management supervisors far each City department determMe who has access to appropriate info mation.
Sensitive data is held within a Computer Aided Dispatch Program or a Recards Management System within the IT division of the Ripon Poilce Depa trr ent. The se sitivity of data with afl other City departments is determined by superoisors.
Findings
F6. 1 It is unclear in the City of Ripon' s Organization Chart whe e responsibilities for IT and IT security lie, creating confusion over who is respansible to act in a disruptive event.
F6. Z The City of Ripon has a rudimentary network diagram outlini g the City's router and firewall relationship with networks used, but the diagrain lacks detail, leaving uncertainty about data security.
F6. 3 Although the City of Ripon met expectations in the areas of data confidentiaiity and security, lack of IT staff and leadership leaves these areas vuinerable to cyberattack. f6. 4 The City of Ripon lacks a Business Contlnuity Ptan, rendering the City relatively unprepared to restore essential services in a disruptive event.
Fb.S The City of Ripon does not have a Disaster Preparedness Plan, leaving the tity at risk for significant delay and cost to restore IT systems in the event o# a disaster.
F6. 6 The City of Ripon does not have formal policy or procedure to address ansomware attacks. This absence of policy could cause tontusion, delay and greater loss of security in the event of an attack.
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Recommendations
R6. 1 ByJanuary 1, 2023, the Ripon City Council develop and make public an updated Gfty Organization chart showing details of the City' s IT functions, including ail IT posit ons.
R6. 2 Sy January 1, 2023, the Ripon City Coundl develop and adopt a detaikd Network Diagram to decrease security vufnerabilfties.
R6. 3 By January 1, 2023, the Ripon Qty Council obtain a third-party security review of the City' s IT department assets, positio s, a d po icies and an evaluation of data confldentiality, secu ity systems and protocols.
R6. 4 Bylanuary 1, 2023, the Ripon Gty Councit develop, adopt and impleme t a formai Business Continuity Pl n.
R6. 5 By January 1, 2023, the Ripon City Cound! develop, adopt and implement a formai isaster Preparedness Plan for IT functio s.
R6. 6 6y lanuary 1, 2023, the Ripon City Councli develop, adopt and implement a formal internal policy and procedure for response ta a ransomware attack.
7.0 City of Stockton- Discussion
The City of Stotkton has a large IT department that oversees IT functions for all the Cit s other departments. Data confidenttality and user auess are determined departmentally, foilowing uniform standards. Information is protected by many safegua ds aiming not only to minimize risk of penetration but also to detect any breach that might occur. Stockton has both a BCP and a DPP.
Stockton is one of very few dties havi g license to use a cyberucu ity tool integrating the City with the State of California' s Office of Emergency Senrices. Stockton' s IT Director meets weekly with other department heads, updating them on all matters related to cybtrsecurity.
Stockton met eath of the cybe security expectations except for the presence of a documented i temal policy and procedure fo response to a ransomware attack. However, the City daes have a Cybersecurity Response Book detaifing response procedu es far other cyber events. Employee secur ty awareness training is requfred every six months.
Findings
F7. 1 The City of Stockton does not have a formal intemal pollcy concerning payments o procedures in ransomware attadcs. This absente of pollcy could cause confusion, delay and greater loss of security in the event af an attack.
F7. 2 7he City ofStackto has a large IT Department which places cybersecurity and disaster preparedness at a high priority, minimizing risk to the City' s information and service systems. 13 565
Recommendations
R7. 1 By Movember 1, 2022, the Stockton City Councii, in conjunction with the City' s IT depanment, develop, adopt and implement a formai internai policy and procedure fo response to a ransomwa e attack.
8.0 qty of Tracy—Discussion
The Cty of Tracy met aii expectations for cybersecurity or was in the process of ineeting them when surveyed. The City has an Info mation Technology Divisicwn, which is pan of the Finance Department. This division supports ail departments and functiont of the City except water treatment. Data confidentiality and secu ity are guaranteed with industry• leading, next• ge eration firewalis and network access controls. Data storage, backup and cybersecuriry are monito ed cantinually. The lT Manager meets every two weeks with all other City department heads to address IT iswes, including cybersecuriry.
Tracy does not require encryption of thumb drives used on City devices a requirement that is considered a" best practice" by an expert wit ess.
Tracy does not have either a formal Buslness Continuity Pian ar Disaster Preparedness Plan in piace but is in the p ocess af developing both. The BCP was scheduled to be complete in April 2022.
Completion date fo the DPP was not specified by tf e City.
Fi dings
F8. 1 Lacking a requirement fo entryption of thumb drives used on City devices exposes the City of Tracy to potential data tfuft and contamination.
F8. 2 The City of Trary lacks a completed 8usiness Continuity Plan, rendering T aty relatively unprepared to restore essential services in a disruptive event.
F8. 3 Th City nf Tracy lacks a compieted Disaster Prepa edness Pian, leaving Tracy at risk for delay and cost to restore iT systems in the event of a disaster.
Recommendations
R8. 1 By November 1, 2022, the Tracy City Councii, in conjunctlon with the IT division, develop adopt and implement a policy requiring encryption of thumb drives used on City devices.
R8. 2 By Ja uary 1. 2023, the Tracy City Council, in conjunction with the IT division, develop, adopt and implement a fonnal Buslness Contlnuiry plan.
R8. 3 By January 1, 2023, the Tracy City touncil provide the Grand Jury with an updated formal Disaster Prepared ess Plan.
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Conclusion
San loaquin[ ounty is well pratected regarding tyberseturity. The seven cities in the county vary with respect to Grand 1ury expectations, most being wefi secured but latking deflned plans for Bustness Continuity and IT Disaster Prtparedness. Cybersecuriry is an evolvin concern and requires ongafng efforts by government entities tc remain current and vigilant against isks to their information Systems.
in this investigation the Grand Jary learned fram cyberseturity experts that three key elements lead to maximum agency cybersecurity:
a dedicated information security position within each organization, a" sest at the table" with other agency department heads in regular meetin s, and a rigoroas employee education a d training program in cybersecurity matters.
Disclaimers
Grand 1ury reports a e based on documentary evidence and the testimony of sworn ar admonished witnesses, not on conjectu e or opinion. However, the Grand 1ury is precluded by law from disclosing such evidence except upon the specific approval of the Presiding ludge of the Superior Court, or another judge appointed by the Presiding Judge( Penal Code Section 911. 924.1( a) and 929y. Similarly, tfie Grand 1ury is precluded by law from disclosing the identity of witnesses except upon an order of the court for narrowly defined purposes Penal Code 5ections 924.2 and 929}.
Response Requirements
California Penal Code Sections 933 and 933.05 require that speti t responses to all findings and recomrnendations contained in this report be submitted to the Presiding Judge of the San loaquin County Superior Court within 90 days of receipt of the repart. 7he San loaquin County Board of Superviso s and the City Countils of each city addressed shall respond to all findings and recommendations specific to their city.
Mail o hand delive a hard copy of the response to:
Nonorable Michael D. Coughlan, Presiding Judge
5an Joaquin County Superior Court
180 E Weber Ave, Suite 1306J
Stockton, California 95202
Alw, please email a copy of the response to Ms. Trisa Martinez, Staff Secretary to the Grand 1ury, at arandlurx sicourts. ora
IS
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Attachment B
Ciiy of
O ace ofthe City Attorney 390 Towne Centre Drive- Lathrop, CA 95330 Phone 209- 941- 7235 Fax 209- 941- 7233
www. ci.lathrop. ca. us
September 13, 2022
Honorable Michael D. Coughlan, Presiding Judge
San Joaquin County Superior Court
180 East Weber Avenue, Suite 1306J
Stockton, CA 95202
Re: Response to Grand Jury Final Report Case No. 0321 ( 2021/ 2022).
Report received by the City of Lathrop on June 15, 2022 Honorable Michaet D. Coughlan,
Pursuant to Penal Code Section 933 and 933. 05, this letter is to inform you that on September 12, 2022 at a regularly scheduled City Council Meeting, the Cily Cuusxcll uf the City of Lathrop reviewed and approved the above referenced Grand Jury Final Report and directed me to write this letter ofresponse on their behalf.
The 2021/ 2022 Grand Jury Final Report found that:
Grand Jury Findin F3. 1: " The City of Lathrop does not employ multifactor authentication universally, leaving City systems more vulnerable to the activities of bad actors."
Grand Jury Recommendarion R3. 1: " By November 1, 2022, the Lathrop City Council, in conjunction with the City' s IT deparirnent, develop, adopt and implement a pracedure for universal multi-factor authentication for access to City data."
Citv Council Response: The City of Iathrop City Council agrees with Grand Jury Finding F3. 1 and Recnmmendation R3. 1 and multi- factor authentication security has been implemented and in effect since June of 2022.
Grand Jury Findinff F3. 2: " The City of Lathrop provides an unsecured public Wi-Fi network. Misuse of this unsecured network cauld expose the City to liability risks."
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Grand Jury Rec mmendation R3. 2: " By November 1, 2022, the Lathrop City Council, in conjuncrion with the Cifiy' s IT department, provide a secure public Wi- Fi network."
City_Council Re,gponse: The City of Lathrop disagrees with Grand Jury Finding F3. 2 and Recommendation R3. 2 because by definition, publicly available Wi-Fi is inherently" unsecured", although this designation is a misnomer because it eludes to an idea that publicly available Wi-Fi can either be secured nr unsecured, and that unsecured is less " safe" or more" risky" than secured. Neither are the case. An " unsecured network" only means that such Wi-Fi is publicly available for anyone to use. Wi-Fi networks, either secured or unsecured, cannot merge end- users between those networks. Secured and unsecured networks, and the end- users utilizing either, remain completely isolated from one another; it would be unfeasible for someone with access to only an unsecured Wi- Fi network to also have the ability to gain access to a separate, secured Wi-Fi network.
The commonly perpetuated idea of" risk" associated with the use of an unsecured Wi-Fi network inconectly shapes such " risk" as something that happens upon an end- user re ardless of their use ofthe unsecured Wi-Fi network, when in reality, risk can develop and potentially increases the more limited an end- user' s understanding of how their digital presence on the internet affects their wlnerability and security. End- users should be encouraged to utilize personal checks and balances to verify the Wi-Fi networks they choose to cannect to are verifiable and reputable, that their presence an the internet is not made easily availahle ta be tracked by others, and that they are visiting legitimate websites, in order to further maintain security of their personal data and informatzon.
Publicly available Wi-Fi is a critical asset to cities around the country. Publicly available Wi-Fi provides the public the opportunity to connect to critical and important information equitably and provides a consistent source of access to such information, promoting economic inclusion within the community. The City of Lathrop cutrently hosts an unsecured public Wi-Fi network entitled " Ciry of Lathrop Guest Cloud 1" and end- users who connect to this network to access the internet must agree to the terms and conditions of its use, and which the public is only able to remain connected to for time increments of thirty ( 30) minute, between 7am and 7pm, seven( 7) days per week.
Grand Jury Finding F3. 3: " The City of Lathrop does not have an approved Business Continuity Plan, rendering the City relatively unprepared to restore essential services in a disruptive event."
Grand Jury Recommendation R3. 3: " By January l, 2023, the Lathrop City Council, in conjunction with the City' s IT department, develop, adopt and implernent a Business Continuity Plan."
City Council Response: The City of Lathrop has an unwritten Business Continuity Plan but not a written one. The City of I,athrop City Council agrees
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with Grand Jury Finding F3. 3 and Recommendation R3. 3 and documentation is anticipated to be complete by January of 2023.
Grand Jury Findina F3. 4: " The City of Lathrop does not have a formal internal policy or procedure to address ransomwaze attacks. This absence of policy could cause confusion, delay and greater loss of security in the event of such an attack."
Grand Jury Recommendation R3. 4: " By November l, 2022, the Lathrop City Council, in conjunction with the City' s IT department, develop, adopt and implement a formal internal policy and procedure for a ransomware attack." City Council Response: The City of Lathrop has an unwritten, internal procedure to address ransomware attacks and, in addition to such, has hired a consultant whom will assist the City in development and implementation of a formal written policy for procedures to address ransomware attacks. The City of Lathrop City Council agrees with Grand Jury Finding F3. 4 and Recommendation R3. 4 and anticipates documentarion will be complete by January of 2023.
Grand Jury Findin F3,5: " The City of Lathrop does not have an insurance policy covering financial losses from a cyberattack, possibly exposing City financial resources."
Gran.d Jury Recomm ndafiion R3. 5: " By January 1, 2023, the Lathrop City Council, in ccmjunation with the City' s IT department, obtain an insurance pnlicy to mitigate fiscal impact resulting from cyberattack or other critical information system lass."
Citv Council Respanse: The City of Lathrop City Council paztially agrees with Grrand Jury Finding F3. 5 and Recommendation R3. 5 and would like to further clarify that staff confirmed that the City of Lathrop does in fact have cybersecurity insurance coverage, and is currently in discussions with Risk Management to enhance said coverage.
Respectfully submi .,_.__-
r--'` ..__
Salvador V. Navarrete
City Attorney
SVN/ trb
Cc: Trisa Martinez at randiury a sjcowts-arA
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Attachment C
City of
O ce ofthe City ttorney 390 Towne Centre Drive
Lathrop, CA 95330
Phone 209- 941- 7235
www.ci.lathrop.ca.us
April 1 l, 2023
Honorable Michael D. Coughlan, Presiding Judge
San Joaquin County Superior Court
180 East Weber Avenue, Suite 1306J
Stockton, CA 95202
Re: Followup Response to Grand Jury Final Report Case No. 0321 ( 2021/ 2022).
Honorable Michael D. Coughlan,
This letter is provided to the Grand Jury as a followup response to the City of Lathrop response to Grand Jury Final Report for Case No. 0321 ( 2021/ 2022). At its regularly scheduled City Council Meeting on April 10, 2023, the City Council ofthe City of Lathrop reviewed and approved the policies described herein and directed me to write this letter of response on their behalf.
The 2021/ 2022 Grand Jury Final Report for Case No. 0321 stated the following:
Grand Jury Finding F3• 3: " The City of Lathrop does not have an approved Business Continuity Plan, rendering the City relatively unprepared to restore essential services in a disruptive event."
Grand Jury Recommendation R3. 3: " By January 1, 2023, the Lathrop City Council, in conjunction with the City' s IT department, develop, adopt and implement a Business Continuity Plan."
City Council Original Response: The City of Lathrop has an unwritten Business Continuity Plan but not a written one. The City of Lathrop City Council agrees with Grand Jury Finding F3. 3 and Recommendation R3. 3 and documentation is anticipated to be complete by January of 2023.
Followup Response: The City worked with its consultant on the development and standardization of the City' s unwritten Business Continuity Plan. Because those policies include confidential details that would allow a potential hacker to gain easier access to the City' s Information Technology resources, those were shared confidentially with the Grand Jury on March 28,
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2023 and Council adopts the same in compliance with the Grand Jury' s recommendation. Redactions on the attached Business Continuity- Disaster Recovery Plan are intended to protect security information.
Grand Jury Finding F3• 4: " The City of Lathrop does not have a formal internal policy or procedure to address ransomware attacks. This absence of policy could cause confusion, delay and greater loss of security in the event of such an attack."
Grand Jury Recommendation R3. 4: " By November l, 2022, the Lathrop City Council, in conjunction with the City' s IT department, develop, adopt and implement a formal internal policy and procedure for a ransomware attack." City Council Original Response: The City of Lathrop has an unwritten, internal procedure to address ransomware attacks and, in addition to such, has hired a consultant whom will assist the City in development and implementation of a formal written policy for procedures to address ransomware attacks. The City of Lathrop City Council agrees with Grand Jury Finding F3. 4 and Recommendation R3.4 and anticipates documentation will be complete by January of 2023.
Followup Response: The City worked with its consultant on the development of the City' s unwritten, internal procedures to address ransomware attacks and standardize those into internal policies. Because those policies include confidential details that would allow a potential hacker to gain easier access to the City' s Information Technology resources, those were shared confidentially with the Grand Jury on March 28, 2023 and Council adopts the same in compliance with the Grand Jury' s recommendation. Redactions on the attached Information Security Policy and the inclusion of only the Executive Summary and Introduction of the Incident Response Plan are intended to protect security information.
Respectfully submitted,
Salvador V. Navarrete
City Attorney
SVN/ trb
Cc: Trisa Martinez, Grand Jury Staff Secretary, San Joaquin County Superior Court via email at grandj urv(a,sjcourts. org
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Attachment D
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O'¢ City of Lathrop Incident Response Pian
Incident Response Plan
Version History
Version Date Author Reason/ Comments
1. 8 March 2023 Document Origination
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A City of lathrop Incident Response Plan
Executive Summary
A Cyber Security incident is defined as an event that breaches ar violates the Confidentiality, Integrity or Availability( CIA) of City of Lathrop Information systems. Failure to act quickly and efficiently in accordance with best practices and relevant requirements can result in a loss of functionality a d reputation damage, but aiso potential steep financial penaities. To avoid the worst fallout of a cyber-incident, it' s vital that the companents of your incident response plan( IRP) are built with consideration of industry guidelines, cyber legislation, and your arganizations unique isk profile.
Incident Response Plan
An Incident Respanse plan is important to address issues that were not stopped by preventative systems and procedures. No system can be 100% secure. Reasonable steps and best practices such as Information Security Policies, Encryption guidelines, Secu ity Awareness training and other measures are implemented to prevent incidents from accurring. However, when an attacker is successful in penetrating the layers of security, a plan of actian needs ta be predefi ed ta ensure efficient containment and remediation of the event.
This policy provides the framework to addresses the seven steps necessary to minimize the negative effects of a security breach. These steps are as fallows:
Preparation: Identify risks and establish roles and responsibilities to address those risks.
Identification and Assessment: Training and evaluation for defining and detecting a threat and to determine if there is a need to activate the plan.
Containment and Intelligence: The containment section will autline the strategies for limiting the scope of the incident.
Eradication: The procedures for removing the threat from all affected systems througn to the recovery of all affected systems.
Recovery: Implementation of restore functions of the Data Backup and Retention Polity ta recover lost or damaged informatian as well as replacement or reconfiguration of damaged systems.
Lessons Learned: Once the incident is resolved it must be determined how the breach occurred, how to prevent similar incidents and preparation of a plan to address necessary changes.
Introduction
The City of Lathrop Incident Respanse Plan has been developed to provide guidance to the handling of informatian security incidents that adversely affect City of Lathrop information Resources. The City of lathrap Incident Response Plan applies to any person charged by the City of lathrop Incide t Response Commander with a response to information security related incide ts.
The purpose of the Incident Response Plan is ta allow the City of Lathrop to respond quickly and appropriately to information security incidents.
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City of Lathrap incident Response Plan
Eveni De nition
Any abnormal observable accurrence in system, network, environment, process, workflaw, or personnel.
Events may or may not be negative in nature.
Adverse Events Deflnition
Events with a negative consequence. This plan oniy applies to adverse events that are computer security related, not events caused by natural disasters, power failures, etc, which are covered in the Business Continuity- Disaster Recovery Plan.
incident Definition
A violatian or imminent threat of violation of computer security poiicies, acceptable use policies, or standard security practices that jeopardizes the confidentiality, integrity, or availability of information resaurces or operations. A security incident may have one or more of the following characteristics:
A. Violatio of an explicit or irnplied City of Lathrop security policy B. Attempts to gain u authorized access to a City of Lathrop Information Resource C, benial of service to a City of Lathrop Information Resource D. Unauthorized use of City af Lathrop Information Resources E. Unauthorized rnodification of City of Lathrop information F. Loss of City of lathrap Confidential or Protected infarmation r,
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Attachment E
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R'`-'' In{ armation 5ecurity Rolicy
City of i.athrop lnformation Security Policy
Version Histor
Version Date Author Reason/ Camments
1. 8 March 2023 Document Originatian
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Information Security Palicy
Table of Contents
City af lethrr p
lnfatmauarr Security Pc licy..........................................,..................,..,...,.................................... 1 Versic n H`rstoty.....................»..........,,,..,.................,...........,,.,..,....,.................................,.,,..,..,,.....,..,..,.,....,,.. 1 Tableof Cc ntents ....................................................................................................................................... 2 lntrt ductian,..,...,...................................,........,_.............._........................,.....,..........,....................,..... ....... 4 ContactInfarmation'.................................,........,.....,..,..............................,.....,................,...............,....,..,.......... 5 Ratesand Responsibi6ities..................................................................................................................................... 6 ChieF# nfa rmation tlfficer{ CIO......................................................................................................................... 5 Cyber Securiry tnformation Se currty Te m{ CSfST)........................................................................................... 6 C5i5T Commander......................................................................................................... 5 I fQrmation S turity Team Memb rs`................................................................................................................. 7 Informat an S cunty Framework.....................,.. ........,.......,,.,,,....,..,....,...,,,...,.,,..,,.......................,................., Phase i— Organitatianal5ecutity.................................................................... a,.,....,,,......,., Phase tl-- Functional itesponsibii' rties............................................................................,...........................,.,....,.. 8 Phase I— Sepa ativn af uti s...................................................................................................................,..,.. 1 Phase fV—! rs# ormati n Risk tdlanagement..................................................................,,............................,........ 11 Ptras V— InformatiQa Classification nd Nandling............................................................................................ 11 PhaseVf— lnformation 5haring......................................................................................................,..,.......,..,.... 12 Phase Vf!— IT ilsset Mana emer t..._..._............................._...,....,......,,,.,.,,,...,,....,.......,......,......,.................... 14 Phas Vfll— Petsonnel5eeurity..............................................................-------..._....................._...........,.....,.... lA l hase!? t— Ir, formaiian eturity Incident Management............................._............,...,.,,,.,,,,,..,..,.,.,,..,.,..,....,.,.. I5 Phase X— Physical and Environmenta! Securicy..............._..........,................,...,..,...,.,.........,. ... ......._....,.......... 16 t hase X1— Accr unt Nlanagement artd Access Eontrol....................................,........._...........................,,.,...,.... 16 Pk1 5E XII- SyS l' 1{.' CUil/.................<,.,......,...,.........,...,...,.....,........._.,..................,................,.,.......,...,,..,...,..
Phase XIII— Collaborauve computing D uices.................................................................................................... 2p Phase X[V— Vulnerability Manager ent............................................................................................................. 21 Ph se XV— t7peration5 Security.............................................................._......._....,..........,.,.........................,...... 1 Reference..................................................................................................................,........................,..,........,.. 24 Appenc3ix!; 5e curity Awareness Eleferences...................................................................................................... 24 Accepiable Use of Technology IX7 17........................................_.,.................................._._......,.,,.,.............,....... 25 Vendor Remate log- tn Questionnaitt...................................._..........._........,.,..........,...,....,.,.,..,,...,.............._..... 32 CannputerSetup Checktist................................................................................................................ ..........., 33 577
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In#ormat on Seeurity Palicy
Cont ct In( ormation........................................................................_..._.,,.... .......,..,....... 34 Information Security Team Me nber................................................................:............................................... 35 578
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Introduction
This policy defines the mandatory minimum information security requirements as defined belaw under Scope. Any department within the City of lathrap may, based on its individual business needs and spetific lega! and federal requirements, exceed the security requirements put forth i this palicy, but must, at a minimum, achieve the security fevels required by this policy.
Scope
This palicy applies to all employees, consultants, contractors, and vendors working on behalf of the City, that use or access any IT resource far which the City af I.athrop has administrative responsibility. While a vendor may adopt a different policy, it must inclutle the requirements set forth in this ane.
This policy encompasses aN systems, automated and manual, for which the arganization has administrative responsibility, including systems managed ar hosted hy vendars on behalf of the organizatian. lnformation
This policy acts as an umbrella document t all ather seturity policies and assaciated standards. This palicy defines the responsibility af all empfayees, consultants, cantractors, and vendors working on behalf of the City to:
pratect and maintain the confidentiality, integrity, and availability of information and related infrastructure assets;
manage the risk of security exposure or compramise;
ensure a secure and stable information technology{ IT environment; identify and respond to events involving information asset misuse, loss, or unauthorized disclpsure; monitor systerns far anomalies that might indicate compromise; and promote and increase the awareness oi information security.
Failure to secute and protect the confidentiality, integrity, nd availability af infarmation assets in taday' s highly networked environmer t can darnage or shut dewn systems that operake critical infrastructure, financlal and business transactions, and compromise data which cauld result in iegal and regufatary noncompliance, Compliance
This policy shall take effect upon publication. Policies and standards may be amended at any time as see fit by the Chief Informatian 01`ficer( CIO.
Gity af Lathrop employees who violate ihis policy may be subject ta appropriate disciplinary action up to and including discharge as well as both civil and criminal penalties. Non- City employees, including, without limitatian, contractors, may be subject to termination c f contractual agreements, denial oF access to iT resources, and other actions as well as both civil and criminal penalties.
Exceptions
No exteptions to ihis olicy will be appraved.
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Information Security Policy
Contact Information+
trsted personnel rhaf shoutd be contacted in the evenf of data lass incidents.
Updated March 2023
j Name Titfe Ro1e Contact Information Escalation _
1- 3)*
Information Security Risk ' CSIST
Coordinator I Commander
Asset Manager CSIST
Commander
lnfrastrutture Manager ;T
Manager
Cl0 CI0 _ . _ ,
Communications CSIST member
Manager t
Legal CSIST member
Risk Manager CSIST member
E
HR Representative CSIST member
Physical Securiry CSIST member
i
Representative i
a
Party Support
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FBI Regulatory/ Government
Reporting Body
Escalation level determines order in which notification should occur in the event of a data loss incident:
1 Notify Crst, required on all incidents
2. Required on al4 moderate or hlgh• severity incidents 3 Involve as needed
This information may be revised f om time to time, as internal[ ity personnef and external organizations change. For the most up ta date copy, please see Contaci lnfarma£ ion located in Appendix l: He( erence. 580
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O±! T° Inforrnation Security PolicV
Roles and Responsibilities
Chief Information Officer ( CIO)
Ensure service level agreements with service providers clearly define expettations of ihe organization and the service pravider in relation ta hardware and software.
Ensure policies related to Information Security accurately represent the goals ot the city.
Ensure Cyber Insurance is maintained as necessary and appropriate stakeholders are informed.
Establish and maintain a security team and functiorr witt the ability to identify, proteci, detett, responti, and recover from attacks against City informa# ion resources.
Develop and maintain a centralized incident response plan capable of addressing major compramises of City information resources.
Cyber Security Information Security Team ( 5{ST)
Consists of legal experts, risk managers, and ather department managers that may be consulted or notified during data documentation and pplicy creation, Advise on Information Security policy activities relevant to their area of expertise.
Ensure Information Security activities are in accorda ce with legal, contractual, and regulatory requirements.
Respansibte for internal communications pertaining to lnformation Security.
CSIS7 Cammander
Cyber Security Infarmation 5ecurity Team Commander oversees development and is respansible for implementing and monitoring the lnformation Security Plan. Managing and appraving the Servite Level Agreements( SLAs) in place with third parties, and the roie third parties may play in lnfarmation Security.
Further responsibilities:
Assemble a Cyber Security Informatian Security Team{ CSISi').
Ensure personnel tasked with Information Security responsibilities are tra'rned and knowledgeable on how to periorrn Asset documentatian and mainienance.
U date securit olicies as needed
Review the security policies
Ensure team activities comply with legal and industry requirements for Information Security procedures.
Act as the primary Asset Manager, responsible for Asset integrity and confidentiality, managing team respanse activities.
Be aware af Cyber Insurance Policies, contact mechanisrns, and when to initiate Cyber tncident Respanse Team Notification.
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Informati4n Security PolicV
Information Security Team Members
Updated March 2Q23
1' he Asset Manager{ tfl is supported by a team af technical staff that work directly with Information systems ta canfigure, perform, and dacument assets.
Further responsibifities:
No. CSIRT Member RoEe
1 CSIST Cammander
2 Network SubJect Matter Expert
3 Network Subject Mat#er Expert
4 Senior IT Staff
S Systems Engineer
6 Recorder
7 Recorde
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This information may be revised from tirne ta time, as internal City personnet and external arganiza[ ions change. or the most up to date copy, please see lrrformotion 5ecurity Teom Members located in Appendix 1= Reference. 582
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Information Security Framework
Phase I — Organizational Security
Information security requires
and an information technalogy security functian. It is recommended that the functions be per#ormed
1. The Information Security Risk Caordinator is responsible ta certify that information risk management functions are met, ensuring that:
i. risk- related considerations for information assets and individuaf information systems, including autharization decisions, are viewed wholly from the perspective of the City of lathrop regarding the overaU strategic goals and objectives af the City of Lethrop in carrying out its core missions and business functions; and ii. the management af information assets,
mission/ business success.
2. The Infarmation Security Risk Coordinator is responsible to certify that information technoiogy security functions are met.
Phase I1 — Functional Respansibilities
The City of lathrop CIO is responsible for:
2. identifying City of Lathrop information securi; y responsibiHtles and goals and integrating them into relevant processes;
3. supporting the consiste t irnplementatian of information security policies and standards;
4. supporting security within the City af Lathrap through clear directian and demonstrated commitment of appropriate resou ces.
5. promoting awareness of infarmation security best practices through the regular dissemination of materiafs provided by the Information Security Rick Coordinator rfl;
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A`° Informatian Security Policy
6. implernenting a process for determini g infr rmatian classification and categorizatian, based an industry recommended practices, State directives, and legal and egulatory requirements, to deterrnine the appropriake levels of protection for that infarmation;( Appendix t: 5ecurity Awareness References. F1PS 199 Standards for Security Categarization of Federa! tnfvrmatran and Jnformation SysremsJ.
implementing the pracess for intormation asset identification, handling, use, transmissian, and disposal based on information classification and categorizakian;
8. determining who, within the City of Lathrop, will be assigned and serve as infarmation owners while maintaining ultimate responsibility far the confidentiality, integrity, ancf avaiiability of the data;
9, parti+ ipating in the response to security incidents;
10. complying with applicable notification requirements in the event af a breach o€ private informatian;
11. adhering to specific legal and regulatary requirements related to in#ormation security;
12. communicating the requirements of this palicy and the associated standards, including the consequences of nan- compliance, to the City af lathrop workfarce and third parties, and addressing adherence in third party agreements.
The City of lathrop lnformation 5ecurity Risk Coordinator{ tf) is responsible for:
1. maintaining familiarity with the City of l.athrap business functions and requirements;
2. maintaining an adequate level of current knowledge and proficiency in information security through annual Continuing Professianaf Education( CPE) credits directly related to information security;
3. assessing City of Lathrop complianc with information security policies and iegal and regulatory information security requirements;
4. evaluating infarmatian security risks and assisting the City af lathrop in understanding its informatian security risks and how to appropriately manage those risks;
5. representing and ensuring security architecture consideratians are addressed;
6. advising on security issues relateci to procurement af products and services; 584
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Information Securicy Policy
7. escalating security concerns that are not being adequately addressed according to the applicable reporting and escalation procedures;
8. disseminating threat informatian to apprapriate parties;
9. par#icipating in the response to potentia) security incidents; l0. participating in the development of enterprise policies and standards that consider the City of Lathrop needs; and
11. promoting information seeurity awareness.
The City of I. athrop Infrastructure Manager( tf} is responsible for:
1. supporting security by providing clear direction and cansideration of security controls in the data processing infrastructure and computing network{ s) which support the informatian owners;
2. providing resources needed to maintain a level of informatian security control cansistent with this palicy;
3. identifying and implementing all processes, policies, and contrals relatiue to security requirements defined by the City af Lathrop business and this policy;
4. implementing the praper controls for information owned by the City of Lathrop based on ihe City af Lathrop classification designatians; S. providing training ta appropriate technical staff on secure operatians{ e.., secure coding, secure configurationj;
6.{ ostering the participatian of information security and technical staff in pratecting information assets, and in identifying, selecting, and implementing apprapriate and cost- ef#ective security controls and procedures; and
7. imp{ ementing business continuity and disaster recovery plans The Gity of athrop workforce is responsible for:
1. understanding the baseline information security controls necessary to pratec# the confidentiality, integrity, and availability of information entrusted to City af Lathrop;
2. protecting City af Lathrop information and resources from unauthorized use ar disclasure;
3. protecting persanal, private, sensitive information( PP51} from unautharized use or disclasure;
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4. abiding by City af Lathrop Policy, Acceptabie Use af Infarmation Technalogy Resources( Appendix i: Securrty Aworeness References. Acceptable Use of Technology 00-17j.
S. reparting suspected information security incidents ar weaknesses to the appropriate manager and clesignated security representatives.
Phase III — Separation of Duties
i'he City af Lathrap shall maintain:
Phase IV — Information Risk Management
The City of Lathrop shall maintain:
b. Risk assessments are required for new projects, implementations aF new technalogies, any significant updates, or changes ta the aperating environment, ar in respanse to the discovery of significant vulnerabi4ities. Risk assessments are required regardless if the work is done by City of Lathrop, vendorJcontractar, or any other third party on behalf of the City af Lathrop.
c. Risk assessment results, and the decisions made hased on these results, must 6e documented.
Phase V — Information Classification and Handling
The City af Lathrop shall maintain:
a. A{ I information, which is created, acquired, ar used in support of City af tathrop business activities, must only be used for its intended business purpase. 586
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b. AI1 information assets must have an information owner established by the City of Lathrop' s Enformatian Services Department( ISD}.
c. Information must be properly managed from its creation, through authorized use, to proper disposal.
d. All inFormation assets must be reviewed
Any changes to the individual data elements of an information asset requires an immediate review by the CiO.
f. lf the City of Lathrop
h. All repraductions of infarmation in its entirety must carry the same canfidentiality category as the original. Partial reproductians need to ae evaluated by the CIO to determine if a new category is warranted. i. Each category has an approved set of baseline controls designed to protect the data asset and
j. The City of lathrap must cammunicate the requiremer ts for secure handling of information to its workforce.
Phase Vi — Information Sharing
The City af Lathrop content made available to the general public must be reviewed by the City of Lathrop Attarney' s affice, defined and appraved according to the Public Records Act( PRA}. The process must indude the review and approval of updates to publicly available cantent and must consider the type and classification of informatian posted:
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b. For non- public infarmation to be released outside the City of lathrop or shared between the City of Lathrap and external entities, a process must be estabiished that, at a minimum:
1. ensures that an information categorizatian has been perfarmed and dacumented for the informatian to be released or shared;
2. documents the intended use of the information;
3. identifies the responsibilities of each party fo protecting the informakion;
A. defines the process and minimum cantrols required to iransmit, stare, and use the information;
5. records the measures that each party has in place to protect the information;
6. defines a method for compliance measureme t;
7. provides a signoff procedure for each party to atcept responsibilities,
8. establishes a schedule and procedure for reviewing the controls; and
9. identifies an end date far the use of the informatian if applicable). c. ln additian ta the requirements in Phase VI 5ectian b, when infarmation categarized as having a High- impact Confidentiality requirement is ta be released ar shared, the City af Lathrop Attorney' s office must ensure that they:
1. have a farmai written agreement( e. g., Non- Disclosure Agreement( N DA), Acceptable Use Palicy, Memorandum of Understanding{ MOU), etc., which contains the requirements for the handling of inforrnation, in place prior to sharing that information with any other third- party.
2. designate the level of management who can give written approval far:
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Phase Vll — IT Asset Management
The City of Lathrop shall maintain.
a. All IT hardware and software assets must be assigned by the City of Lathrop infdrmation Senrices Department( ISQ} to a designated business unit or individual within the Gity of lathrop for its use, however the asset continues ta be owned by I5D. b.' the City af Lati rop ISfl are required to rnaintain an inventory of hardware and so{ tware assets, ir cluding all system components( e. g., network address, machine name, software versian} at a level of granularity deemed necessary for tracking and reparting Phase VII1 — Personnel Security
The City of athrop shall maintain:
a. The City of l. athrop workforce must receive general infarmation security awareness training, to include recognizing and reporting insider threats, within 30 days of hire.
Additiona! training on City af Lathrop specific infarmation security procedures, if required, must be completed beFare access is provided to specific City of Lathrop sensitive information not covered in the general information security training. A11 information security training must be reinforced at least annually and must be tracked by the City of lathrop lnformation 5ystems Department( ISD).
b. The City of lathrop must require# he w rkforce ta abide by the following policies:
i. Policy 00- 15, Cellular and Personal Qigital Assistant ii. Palicy 00- 16, Password Control
iii. Palicy 00- 17, Acceptable Use of Technalagy
iv. Policy 00- 18, Automatic Lagoff Palicy
v. Palicy 00- 19, Physical Entry Contral Security
vi. Policy 00- 20, User Account
vii. Pa#icy 00- 21, Workstatian Security
viii. Policy 00-22, Data 8ackups
ix. Policy 0- 23, IT Helpdesk
x. Policy OQ- 24, Operatians and Fault Logs
xi. Palicy 00-25, Security Deuice and Media Cantrol
xii. Policy 00- 26, Website Links
xiii. Policy 40- 27, Website Policy
xiv. Palicy 00- 28, Television Broadcast
xv. Policy 00• 29, Social Media
xvi. Policy 00- 30, Video Monitoring and Retention
xvii. Polity 00- 31, Remote Working
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c. All job positions must be evaluated by the City of Lathrop Human Resources( HR) department along with approval by the direct department head to determine whether they require access to sensitive information and/ or sensitive information technology assets. d. For those job positions requiring access to sensitive information and sensitive information technology assets, the City of lathrop CIO must conduct workforce suitability determinations, unless prohibited from doing so by law, regulation, or contract. Oepending on the risk level, suitability determinations may include, as appropriate and permissible, evaluation of criminal history record information or other reports from federal, state, and private sourcesthat maintain public and non- public records. The suitability determination must provide reasonable grounds for the City of Lathrop Ci0 to conclude that an individual will likely be able to perform the required duties and responsibilities of the subject position without undue risk to the City of Lathrop.
e. A process must be established within the City of Lathrop to repeat or review suitability determinations periodically and upon change of job duties or position. f. City of lathrop Department Superviso s are responsible for ensuring al) City of Lathrop issued property is returned to HR prior to an employee' s separation. g. City of Lathrop ISD are responsible for ensuring accounts are disabled and access is removed immediately upon notification from HR of an employee' s separation# rom the City of lathrop.
h. HR is responsible for providing ISD proper notification of each employee' s separation from the City of Lathrop.
i. For sensittve positions, HR will provide notification to ISD pflOf to an employee' s separation from the City of Lathrop.
ii. For on-sensitive positions, HR will provide notification to ISD within ten{ 101 minutes of an employee' s separation from the Ci[ y of lathrop i. Within 24 hours, each department is responsible to provide ISD a Technical Service Request( TSR) with instructions on archiving or deleting the separated employee' s data, which includes emails.
Phase IX — Infarmation Security Intident Management
City of Lathrop must have an incident response plan, consistent with NIST sta dards, to effectively respond to information security incidents.
a. All obsen ed or suspected information security incidents or weaknesses are to be reported the City of Lathrop Information Services Department( ISD) as quickly as possible. If a member ofthe workforce feels that information security concerns are not being appropriately addressed, they may confidentially contact the CIO directly. f
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b. The Cyber Security tncident Response Team must be notified incident
Phase X — Physical and En ironmental Security
The City of lathrop shall maintain;
b. An annuai risk assessment must be perfarmed by ISD far information processing and storage faciiities to determine whether existing controls are operating carrectly and if additional physica! security measures are necessary.
c. Information technolagy equipment must be physically p otected from security threats and environmental hatarcls. Special controls may also be necessary to protect supporting infrastructure and facilities such as electrical supply and cabling infrastructure. d. All information technology equipment and inforrnation media must be secured e. Visitors to information pracessing and storage facilities, including maintenance personnel, must be always escorted, Any maintenance performed remotely must be virtually escoried.
Far City of I. athrop information that has a High Confidentiality requirernent, software r automated processes must be implemented to keep track af individual electronic documents and files, devices, or media and the individuals who have passession of them. City of lathrop infarmation is currently monitored by
Phase Xt — Account Management and Access Cantrol
The City af I. ath op shall maintain:
a. AH accounts must have an individual em la ee or grau assi ned ta be res onsible for account management
b. Access to systems must be provided through the use of individually assigned, unique identifiers known as user- IDs.
c. Associated with each user- ID is an authentication token{ e. g., passwordj which must be used to authenticate the identity of the person or system requesting access. 591
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d. Automated techniques and controis must be implemented to lack a sessian and require authentication or re- authentication a ter a period of inactivity far any system where authentication is required. Infarmatian on the screen must be replaced with publicly viewable information( e. g., screen saver, blank screen, ctock) during the session lock. e. Automated techniques and controls must be implemenked to terminate a session after specific cflnditions are met. Specific conditions include:
1. Group Policy rule wi!! be rmplemented that ferminates session-- rnacfivity.
f. Tokens used to authenticate a person or process must be treated as confidentia) and protected appropriately.
g. Passwords must not be stored on paper, or in an electronic file, hand- held device, ar browser, unless they can be stored securely has been approved by the Chief Infarmation Officer{ CIQ).
h. Information owners are respansibie for determining who shou{d have access ta pratected esources within their jurisdiction
i. Access privileges will be granted by the City of I. athrap CIO in accordance with the user' s job title and will be limitec#only to thase necessary to accomplish assigned tasks in accordante with Ciry of Lathrop missions and business functians
j. Users of privileged accounts
k. Lagon banners must be implemented an aq systems where that feature exists to inform aH users that the system is for City of Lathrop business or ather approved use cansistent with City af Lathrop policy, and that user activities may be monitored, and the user should have no expectation of privacy.
I. Advance appravaf far any remote access connection must be provided by tne City of Lathrop. An assessment must be perforined and documented to determine the scope and methad of access, the tethnical and business risks invalved, and the contractual, process, and technical contrals re uired for such tonn
m. All remote connections must be made through managed paints- of-entry reviewed by the CIO.
Working# rom a remote location must be authorized by the City of lathrop City Manager and CIO, and best practices which ensure the appropriate protection of City of lathrop data in remote environments must be shared with the individual rior to the individual bein ranted remote 592
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Phase XII — System Security
The City af athrop shall maintain:
a. Systems include but are not limited to servers, platfarms, networks, cammunications, databases, and software appiications.
2. The City of lathrap information Services Department( ISOf must ae assigned responsibility for maintenance and administration of any system depEoyed on behalf of the City af lathrop.
Z. { nformation security must be required at system inception and documented via electronic helpdesk ticket andjor change request form, as part of the decision to create ar modify a system Appendix!: Security A4vareness References. Computer Setup Check tisi).
3. A! I systems must be cieveloped, mainiained, and decommissioned in accordance
4. Each systern must have a set of controls commensurate with the categorizatian o( any information that is stored on ar passes thraugh the system( drj.
S. All system clocks must synchronize to a centralized reference time set to UTC{ Coordinated Universal Time which is itself s nchronized to st least three s nchranized time sources source
6. Environments and test plans must be established to validate the system works as intended prior to deployment in production
8. Formal change contral procedures for all systems must be developed, implerriented, and enforced. a. DatabasQs and software
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ii. sensitive data is masked ar overwritten with fictional information.
4. Where technicaily feasible, development saftware and tools must not be maintained on production systems.
7. P ivileged access to production systems by development staff must be restricted whenever possible.
8. Migration processes must be dacumented and implemented to govern the transfer of software from the develapment environment up through the production environment.
b. Netwark Systems:
1. Connections between systems must be au#horized by the City of Lathrop Chief Informatian Qfficer( CIO) of aH relevant City of Lathrop sites and protected by the implementation ot appropriate controls.
2. All connections and their configurat+ ons must be documented, and the dacumentation must be reviewed by the City of la#hrop CIO annuaUy, at a minimum, to ensure:
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i. the business case for the connection is stitl ualid and the con ection is still required; and
ii. the security controls in place
are appropriate and functioning correctly.
3. A network architecture must be maintained that inciudes, at a minimum, tiered network segmentation 6etween:
i.
ii.
an ot er systems; an
iii.
5. Two- factor auihentication( 2FA) is requi ed for all users cannecting ta City af Lathrop internal systems.
6. Network Authentication is required for all devices connecting ta City of Lathrop internal networks.
7. Only City of lathrop Information 5ervices Qepartment{ ISD} personnel may capture or manitar network traffic unless authorized by CIO for auditing purposes.
8. A risk assessment must be performed in consultation with the City af Lathrap CIO before the initiation of, or significant change to, any network technnlogy ar project, including but not limited to wi eless technology.
Phase XIII — Collaborative computing Devices
The City of lathrop Informatian Services pepartment ISDj shall purchase and maintain:
1, Collaborative camputing devices, including, for Example, networked white boards, cameras, and microphones.
2. Collaborative computing devices must:
a. prphibit remote activation; and
b. provide users physicatly present at the devices with an explicit indication of use.
3. City af lathrop must provide simple methods ta physically disconnect callabarative computing devices. Simpfe methods include physicaUy unplugging collaborative computing device from the computer or completely shutting down the computer.
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Phase X! V — Vulnerability Management
The City af Lathrop shall maintain:
b.
Phase XV — Operations Security
The City af Lathrop shall maintain:
a. All systems, and# he physical facilities in which they are stored, must adhere ta the aperating instructions, menagement processes, and farmal incident management procedures listed within this docum n
b. System configurations must fallow CIO approved configuratian standards. c. Advance planning and preparation must be performed to ensure the availability of adequate capacity and resaurces. System capacity must be monitored on an angoing basis. 596
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d. Where City of Lathrop provides a server, application, ar network service to another site, operational and management respansibilities must be coordinated by all impacted sites. e. Host based firewal s must be instaped and enabled on all City oF Lathrop workstations to protect from threats and to restrict access to only that which is needed. f. Controls must be implernented across
City of lathrap systems
i. Cantrals must be in place to allaw only City of Lathrop approved saftware to run on a system and prevent executian of all other software.
j. All systems must be maintained at a vendor-supported level to ensure accuracy and integrity.
I. Any system, software, ar Operating System environment which is no langer supparted and cannot be patched to current versions( e.g. end vf life hardware/ software) must be decommissioned and removed from service.
q. Contingency plans( e. g,, bu5iness continuity plans, disaster recavery plans, continuity of operations plans
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s. 8ackups and restoration must be tested manthly. Separation of duties must be applied ta these funttions( drJ.
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Reference
Appendix I: Security Awareness References
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CITY QF LATHROP Acceptable
ADMINISTRATIVE REGULATIQN Use of
Technology
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Querview
The intention for publishing an Acceptable Use Policy is to clarify restrictions consistent witF the City of Lathrop established culture of openness, trust and integrity.
We are committed to protecting City of Lathrop' s employees and the City from illegal or damaging actions by individuals, either- knawing{y ar unknowingly.
InternetJlntranet/ Extranet- rekated systems, including but not limited ka computer equipment, software, operating sys ems, storage media, network accounts providing electranic mail, WWW browsing, and FTP, are the property af City of Lakhrop. These systems are to be used for business purposes in serving the inter sts a the Gity, and of our customers in the course af narmaf operations.
Effective security is a team effart ir volving the participation and support af every City af La hrop employee and a liate who deals with information andjor information systems. It is the responsibility of every camputer user to know khese guidelines, and to canduct their activities accordingly.
Ciky af Lathrop' s Acceptable Use Policy helps to safeguard system assets and data, incfuding Electronic Protected Information ( EPI), against unaufihorized use, disclosure, modification, damage, or loss.
Questions about this palicy should be directed via e- mail to the informatian Technologies Manager at helpdesk@ci. Iathrap. ca. us.
Purpose
The purpos of the Accepkable Use Palicy is to desc ibe City of Lathrop' s requirements for operations and is to outline the acceptable use of camputer equipment at City of athrop. These ru(es are in place to protect the employees and the Cifiy.
Inapprapriate use exposes City of Lathrop to risks including virus attacks, compramise of nefiwark systems and services, and legal issues.
Scr pe
This palicy applies to all City of Lathrop and a
liate em layees, including temporary
employees and employees of affiliated third- party organizations. This policy also applies ta all equipment that is owned, leased, operated, o maintained by City of Lathrap.
Revision Information
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When this document is updated, the reason for revision wi(I appear here.
Policy
General Use and Ownership
1. While City of Lathrop' s netwark administration desires ta pravide a reasonable levef af privacy, users should be aware that the d ta they create on the City systems r rnains the property of City of Lathrop. Management does not guarantee the canfidentiality af information stared on any netwark d vice belonging to City of Lathrop.
2, Employees are responsible for exercising goad judgment regarding fihe reasonableness af personal use and at department head discretion.
3. The City recornmends that any informatic n that users cansider sensitive ar vulnerable be encrypted.
4. For security and netwark maintenance purposesr authorized individuals within City of athrop may monitor equipmenk, systems and network traffic at any time.
S. Cifiy of Lathrap reserves the right to audit networks and systems on a perivdic basis to ensure compliance with this policy.
Security and Proprie#ary Information
1. Th user interface for information contained on lnternet/ Intranet/ xtranekrelated systems shoufd be cfassified s either confidential or not confidential, as defined by the City confidentiality guidelines to be public ar confidential, details of which can be found in Human Resaurces policies. Examples of canfidential infarmation include but are not limited to: Ernployee information, Payroll, customer lists, medical information, social security numbers, credit card numbers, vendar and bidder sensitive information, and lawyerJclient correspondence, research data. Ernployees should take al) necessary steps to prevent unauthorized access to this information.
2. Aufihorized users are assigned accaunts for their specific use based on their defined needs. Users are responsible for the security of their accounts.
3. Passwords are pravided to enable us rs to keep their account secure. Keep passwords secure and do not share accounts. Authorized users are responsible for the securi y of thei passwords and accounts. System level passwords are to be changed every 90 days; user level passwords should be changed every 60 days.
4. All PCs, laptops and workstatians should be secured wifih a password- protected screensaver with the autamatic activation feature set at 10 minutes or {ess, or by logging- aff (controi- alt-delete for Windows users) when the host wili be unattended.
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5. Because information contained an portable computers is especialiy vuinerab#e, fihe computer' s hard drive is encrypted to prevent access to the data in the case of the computer being lost or sto{ en. Password and user accounts are not t be displayed or written anywhere in the portable computer.
6. Postings by employees from a City af Lathrop email address to newsgroups should contain a disciaimer stating that the apinions expressed are strictly their own and not necessarily those of City af Lathrop, unless posting is in the course of business duties.
7. AH hasts used by the employee that are connected ta the Ci y of Lathrop InternetJlntranet/ Extranet, wt ether owned by the employee or City of Lathrap, shall be continually executing approved virus- scanning software with a current virus database.
8. Ernployees must use extreme caution when apening e- mail attachments received from unknown senders, which may contain viruses, e- mail bombs, or Trojan horse code.
Unacceptable Use
The fiollowing activities are, in general, prohibited. Information Technologies Staff may be exempted from these restrictions during the eourse of their legitimate job respansibilities ( e. g., there rnay have a need to disable the network access af a host if that host is disrupting production services}. Under na circumstances is an employee of City af Lathrop authorized to engage in any activity that is iilegal under local, state, federal or international law while utilizing City of athrap owned resau rces.
The lists below are by no means exhaustive, but attempt ta pravide a framework for activities which fall inCo the categary af unacceptable use.
The following ac ivities are strictly prohibited, with no exceptions:
1. Violations of the rights of any person or protected by copyrighk, trade secret, patent ar ather intellectual property, ar similar laws ar regulations, including, but not lirnited to, he installation or distribution of " pirated" or other software products that are not appropriaCely licensed far use by City of Lathrap .
2. Unauthorized capying of copyrighted material including, but n t limited to, digitization and distribution of photographs from magazines, baoks or other capyrighted saurces, copyrighted music, and the installation of any copyrighted software for which City of Lathrap ar the end user does not have an active license is strictly prohibited,
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3. Exporting software, technical information, encryption software or technolagy, in violatian of internationai or regional export confirol laws, is iliegal. The appropriafie management should be consulted prior to export of any material that is in questian.
4. Introduction af malicious programs into the netwark or serv r ( e. g., viruses, worms, Trojan horses, e- mail bombs, etc.}.
5. Revealing your accaunt passwo- d to others or allowing use af your account by others. This includes family and other household members when work is being done at home.
6. Using a City of l.athrop computing asset to actively engage in procuring or transmitting mafierial that is in violation of sexual harassment or hostile workplace laws in the user's local jurisdictian.
7. Making traudulent affers of products, items, ar services originating from any City af Lathrop account.
8, Making statements aboufi warranty, expressly or implied, unless it is a part of narmal job duties.
9. E ecting security breaches or disruptions o P network communication, Security breaches include, but are not limiteti ta, accessing data of which the employee is not an intended recipient or logging into a server or account that the employee is not expressly authorized to access, un[ ss these duties are within the scope of regular duties. For purpases of this section, " disruption" includes, but is not limited to, network sni ng, ping d flaads, packet spaofing, denial of service, and farged routing infarmation for maliciaus purposes.
10. Port scanning or security scanning is expressly prohibited unless prior natificatian to the IT Department is made.
i1. Executing any form of netwark monifiaring which wil) intercept data not intended fior the employee' s host, unless this activity is a part of the employee' s norma{ jab/ duky.
1z. Circumv nting user authentication or security of any ha t, netwark ar account.
13. Interfering with ar denying service ta any user other than the rnployee' s host for example, denial of service attack).
14. Using any pragramjscript/ cammand, or sencfing messages of any kind, wikh the intent to interfere with, ar disabfe, a user's terminal session, via any means, locally or via the Internet/ fntranet/ Extranet.
15. Providing infarmation about, or lists of, City of Lathrop employees ko parties outside City of Lathrop,
16. Sending of "junk mail" or other advertising material to individuals who did not speci cally request such rnaterial ( email spam).
17. Any f rm of harassment via email, paging, whether through language, frequency, or size of inessages.
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18. Unauthorized use, or- forging af emaii header infarmatian.
3. 9. Soiieitatian af email From any other email address, other than that of the past r' s account, with the intent to harass or to collect replies.
20. Creating or for-warding " chain ( etters", " Panzi'" or ather " pyramid" schemes of any type.
21. Use of unsalicited email originating from within City of Lathrop ' s networks af other Internet/ Intranet/ Extranet service providers an behalf of, or to advertise, any service hosted by City of Lathrop or connected via City of l.athrap ' s network.
22. Posting the same or similar non- business- related messages ta large numbers of Usenet newsgroups { newsgroup spam).
23. Video, audio and Jor any type of internet streaming not for business purposes.
Electronic Data Access
nly Department Heads or the Information Systems Manager with the approval pf fihe City Manager can authorize the reading of electronic media infarrnation, which includes, but is not limited to, e- mail and voicernail messages, for employees under their supervision. For City Manager would have fio be approved by at {east three City Caunci) Members. The City wil! also respond ta legal processes and fuffiEl any obligations to third parties with the approval af the City Attorney.
Privacy
1. All information created by emplayees or use by employees is not confidential or private. All of the City' s electronic media and informa ion relating to these electronic media are City property infarrnatian and records are also subject to cEisclosure to he public. Although employees have passwords that restrict acces to their computers, the City reserves the right to and routineiy does acce s this inforrnation.
2. It should e nated that even though information or files may have been deleted from electronic media, it daes nat mean khat they have been permanently erased from khe systems. This includes e- mail and messages stared on external electronic rnedia systems such as Microsoft Hotmail or Instant Messaging that may have been viewed, read, printed, or stored ( permanently or temporarily), on City equipment.
3. In addition to the foregoing provisions, employees should be aware that certain kinds of electranic media information may be subject to recard retentian requirements employees may not delete any such pratected records, either as public records" or pursuant to discovery in litigation. 605
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Wireless Network Equipment
1. Written permission must be obtained from the IT Manager and authorized before any wireless network device can be connected to City af Lathrop networks.
2. Deployment of ANY wireless access points without IT Manager' s pe mission is strictly prohibited.
3. All wireless network devices onnecting ta City netwarks must be configured by the IT Department. A[ no time should laptop computers, handheld camputers or PDAs { Personal Digital Assistant), ar other wireless devices be conn cted ta the City' s internal netwark without the prior approval of the IT DeparCment. The exceptian would be any designateci public wireless access point ar public hotspot cieployed by fihe City of Lathrop.
nforcement
DiscipEinary actions tor City staff are de ned in the City' s Personnel Rules & Regulations Manual.
Definitions
Term Definition
Spam Unauthorized and/ or unsolicited
electronic mass mailings
EPI Electronic Protected Information -
Examples are; Employ e
information, Payroll information,
customer lists, medical information,
soclal security numbers, credit card
numbers, etc.
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Infarmation Security Poiicy
Vendor Remote I. og- In Questionnaire
In/ ormatlon Systems Depanment 390 TOwne Ce tt'e Dr.- 1. 0thrOp, CA 9533Q Pt nna( 209) 941- 7A300- Fax( 204) 941- 7219
www. Cl. ldthrop. ca. us
Remote Lo -In Cluestionnaire
RequestorSignature Oate
Gry of Lathrop[ IQ 5ignature Date
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a. Information Security Policy
Contact Information
tis[ ed persanne! thai should be contocted in the event af data loss incidents.
Updoted March 2023
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Name Title Role Cantact Informatian Escalat on '
1- 3}'"
Information 5ecurity Risk CSIST
Coordinatar Cornmander
Asset Manager CSlST
Commander
Infrastructure Manager ` CSIST
Manager
cio __ cio
W_._
M ______ _ _________ w._ __ _____ _ _
Communications CSI5T member
Manager
Legal i CSIST member
Risk Manager C515T member
HR Representative CSIST member
physical Security CSIST member
Representative
3' a
Party Support__ _
i
RegulatoryJGovernrnent
v
Reporting Bady
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Escalation leve! determines order in which notification shauld ocwr in the event o a ata oss incident:
1. Notify tErst, required on a! I incidents
2. Required on atl moderate vr high 5everity intidenis
3 involue as needed
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information Securitv Palicy
Information Security Team Members
Updated March 2023
No. CSIRT Member Ro( e
1 CSIST Commander
2 Network Subject Matter Expert
3 Network Subject Matter Expert
4 Senior IT Staff
5 Systems Engineer
6 Recarder
7 Recorder
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Attachment F
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City of Lath• o Business Continuity- Disaster Recovery Pl n Version Histor
Versio Date Author ReasonjCamments
1. S March 2023 Document Origination
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Table ot Contents
City o# L khfop Busines Continuity-f isaster Recrnrery Plan................................................................................ 1 Versic n History..................................................................................................................... ........................... 1 T b[ C cyf' antCnts .............................................................................,...,.........,.,...................,..,...........,.._.. 2 Part1...................................................................................................................................................................... 3 Intrc dttctian................................._......,._....---............,...,.,..,.,,,...,......,................ 3 Parti]..................................................................................................................................................................... 4 C esign oF the Plan............................................................................................................................................. 4 ConkactInf+ a mation....................................................................................................................a.....,..............,.... 7 Parifl1....................................................................................................................................................................
Ralesand Respc nsibilities................................................................................................................................. 8 Chi f Inforrtja tion C3Eficer CIO}........................................................................................ 8 8us[ ness C ntinuity Management" Ceam{ BCMT)......................................................................................... 8 art IV................................................................................................................................................................. 10 8us'rness Cantinuity Framewa rk..................................................................................................................... 10 Ph se I— Uisaster Detecticsn and Aetermination....................................................................................... 10 Phase II— Notification of Persc nne! Responsible for Recouery................................................................. 11 Phase Ifl— Initiat the 6usiness Ca tinuity Pfan...............................................................,,...,..,.,,..........,. 11 Pta se IV- d i aster Retc very 5trategy.............................................................,......,.....,,.,,,.,...,.,......,...,.. a 12 Scope of the 6usiness Continuity Plan...... a................................................................................................ 13 InFrarmation Systems listed by isk Category.,..,................................................................,....,....,.....,,.....,..,.... 14 612
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Pa rt I
Introduction
Planning for the business continuity af City ot Lathrop in the aftermath of a disaster is a complex task.
Preparation for, response ta, and recovery from a disaster affecting the business functions of the City af lathrop requires the cooperative efforts of the Business Cantinuity Team( BCi'} in partnership with the essential departments of the City of lathrop. This dacument records the Plan that autlines and caardinates these efforts, reflecting the analyses by the City of Lathrap Chief Information Officer, Tony Fernandes.
The purpose of the City af lathrop Business Continuity- Disast r Recovery P{ an is ta aUow City af lathrop to respond quickly and appropriately to servic2 interrupting incidents.
Event Definitian
Adve se Events De( inition
How to Use This Document
Use this document to learn about the issues involved in pfanning far the continuity of the critical and essential business functions at City af Lathrop, for training personnel, and for recavering from a disaster. This dacument is divided into four parts, as described below.
Part Contents
Part I- Information about the dacument itself.
Purt II- pesign of the Plan that this document recards, including infarmation about the overal) structure af business continuity planning at Gty af l. athrop.
Fart III- General responsibilities of the i dividual City of Lathrop Suppart Teams that together form the Business Continuity Management Team, emphasizing the function of each team and its preparation respansibilities.
Part IV- Recavery actions for the City of athrop 5upport' feams and important checklists such as the notificatian list for a disaster and an inventory of resources required for the environment.( Nate: If a disaster" situatian arises, Section IV of the Pla is the only section that needs to be referenced. It contains a! I the procedures and suppart informatian for recovery.
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Audience
This document addresses several groups within the City of Lathrap central administration with differir g levels and types of responsibilities for busi ess continuity, as folfows:
Administratian
E3usiness Continuity Management Team( BCMT}
City of Lathrop 6usiness Continuity Team( BCT)
External C} rganizations
It shauld be emphasized that this dacument is addressed particularly ta the members of the Business Continuity Management Team, since they have the responsibility of preparing for, responding to, and recovering from any disaster that impacts City of Lathrap. Part NI of this document describes the composition of the Business Cpntinuity Management Team in detaii.
Distribution
As the written recard of City af Lathrop' s Business Cantinuity Plan, this document is distributed to each member of the Business Continuity Management Team.
It is also distri6uted ta City of Lathrop Department Fieads and other Cammunity Organizatians and while nat primarily involved with the direct recover effort, will require ativanced knawledge of planned actions and needs. Community Qrganizations include Physical Plants, security prouided by the Palice, and service pravided by the Fire Depa tment.
Part II
Design of the Plan
Part II describes the philosaphy of business continuity planning at City of Laihrop generally, and the kind af analysis that produced this Plan, It alsa provides an overview of the functions of the Business Continuiry Management Team in implementing this Plan.
Pu rpose
City of lathrap increasingly depends on computer-supported information processing and telecommunications. The increasing dependency on computers and telecommunications for aperationa) suppart poses the risk that a lengthy ioss of these capabilities could seriously affect the overall business performance of the City of lathrop_
City ot lathrop Infarmation Services Department recognizes the low probability of severe damage to data pracessing telecammunications and computer information systems. Nevertheless, because af the potential 614
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impact ta City of Lathrap,
The Business Continuity Plan( BCP) identifies the critical functions of the City of Lathrop and the resources required to support them. The BCP provides guidelines for ensuring that needed personne{ and resources are available 1`or both disaster preparatian and response and that the praper steps will be carried out to perrnit the timely restoration of services.
This 8CP specifies the responsibilities of che Business Cantinuity Management Team, whose mission is to establish ity of l.athrap level pracedures to ensure the continuity of City of lathrop' s business functians. In the event af a disaster affecting any of the functional sites, the Business Continuity Management Team serves as liaison between the functional site( s) affected and other community organizations praviding major services. These services inciude the support provided by Physical Piants, security provided by the Palice, service provided by the Fire Department, and public information dissemination handled by the City af lathrap Communications 7eam, among other.
Assumptions
The City of latt rap Plan is predicated on the validity of the following three assumptions:
It shauld be noted hawever, that the Plan will still be functiona! and eFfective even in an area-wide disaster,
The Plan is a document that reflects the changing environment and requirements of City of Lathrop. Therefare, the Plan requires the continued allocation of resources to maintain t and to keep ii in a canstant state of readiness.
Develapment
City of Lathrop' s Chief Information C} fficer is responsible for developing the City of lathrap' s Business Continuity Plan. Development and support of individual City of Lathrap Department Plans are the responsibility of the Department F{ eads planning far recovery. 615
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Maintenance
nsuring that the Flan reflects an oing changes to resaurces is cr ccial. This task includes updating the Pian and revising this dacument to reflect updates; testing the updated Plan; and training personnel. The Business Continuity Management Team Coordinatars are responsible far this comprehensive maintenance task.
The Business Continuity Management Team Coordinators ensures that a formal review is initiated whenever there is a significant change required for the plan. Annually, the Business Continuity Management Team Coordinators initiates a c mpieke review of the P{ an, which cou( d result in major revisions to this document. These revisions will be distributed to ali autharized personnel, who exchange their old plans for the newly revised plans. At that time the Caordinatars will provide an annual status repart on continuity planning to the City of I. athrop Chief fnformation Officer.
Testing
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Contact Inforrnation"
tlpdated March 2a23
Name Title Role Contact Information Escalation
1-3j•
Business Continuity BC mana er
Management Team
Coordinator
Infrastructure Manager BC Manager
n. s v____......_,__..___.___._.....___. e_a..
CI(] CIO
Comrnunications BCMT
Manager member
mm_, . v__._ __,..______.._____
legal BCMT
member
Risk Manage BCMT
member
e_. __.____.
NR Representative 6CM' t
i member
Physical Security BCMT
Representative i member
m
3` Party Network
Support
FBI Regulatory/ Government :.
j Reporting Body
Escalation level determines order in which notificatian should accur;
1. Notify tirst, required on aii incidents
2. Aeguirad on all moderate or high-severity incidents
3. involve as needed
This information may be revised from time to time, as lnternal ity persannei and external organizations change. For the most up ta date copy, please see Contact lnjormation located in Appendix 1,- Supporting Dorument Lrst. 617
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Part III
Roles and Responsibilities
Chief Informatian Officer ( CIO)
Seek approva{ from City Manager far the administration of the Business Continuity Frogram.
Caordinate response activities wikh department heads and external resources as needed to minimize damages to iniormation resources.
Provitte updates on response activities to Business Gontinuity Management Team ( BCMT} and ather stakeholders during an incident.
Ensure service level agreements with service providers clearly define expectations of the organizatian and the service provider in relation to Business Gantinuity.
Ensure policies related to recavery management accurately represent the goals of the City of Lathrop.
Fieview the Business Continuity Plan (° the Plan"} to ensure khat it meets policy abjectives and accurately reflects the goals of ihe City.
Ensure Cyber insurance is maintained as necessary and appropriate stakeholders are informed.
Ensure lessons learned are applied/ weighed based o risk for Business Continuity incidents.
Business Continuity Management Team ( BCMT)
Under the overal) direction of the Business Continuity Manager, support is provided ta assist City of lathrop functional site' s recouery by the Business Continuity Team memhers and external vendors. These teams uvork the problem candition to restore services and provide assistance at the City of Lathrop level. Support from external vendors is generally documented in a procedure' s manual for the City of Lathrop. The eusiness Cantinuity Plan is an adjunct ta that documentation and highlights the interfaces between the vendor ievel service and the Business Continuity Team aperations requirements. In cases where the documentation in this Plan and the vendor' s dc cume ts differ, the vendor' s documentatian has precedence, Advise on recovery response activities relevant to their area of expertise.
Maintain a general understanding of the Plan and poficies pf the City o# Lathrop.
Ensure business continuity activities are in accordance with legal, ca tractual, and regulatory requirements.
Participate in tests of the Business Continuity pfan and procedures.
Responsible tor i terna! and external communicatians pertaining to recavery activities. 3usiucss Cn iti iuity ltlar uger
The Bus ness Continuity manager aversees and prioritizes actions during the incident. They are also responsible for conveying the special requirements of high severity activities ta the rest of the City of Lathrop personnef. AdditionaUy,# hey are responsible for understanding the SLAs in pface with third party vendors, and the role third parties may play in specific response scenarios.
Further responsibilities:
Assernble a Business Continuity Respanse Team{ CSIRTy.
Ensure personnel tasked with business continuity responsibilities are trained and knowledgeable on how to respqnd to incidents.
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Update Business Continuity PEan and procedures as needed Initiate tests of the business Cantinuity Plan
Ensure team activities compiy with legal and industry requirements for Business Continuity pracedures.
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Act as the primary Business Continuity Manager, responsible for declaring a disaster intident, managing team response activities, and approving close of recovery incidents. l3uci res Couti ruih' Tean1 A1cnrGers
The Business Continuity Manager is supported by a team af technica! staff that work directly with the affected informatian systems to restore service to end users. Team members are typically comprised af subject matt2r experts( SMEs}, senior level IT staff, third part+es, autsourced security, or forensic partners.
Teams and responsibilities:
Damage Assessment/ Salvage Team. Headed by the Infrastructure Manager and activated during the initial stage of an emergency, the team repvrts directly to the Business Continuity Management Team, evaluates the initial staws of the damaged functional area, and estirnates both the time to reoccupy the facility and the salvageability of the remaining equipment.
Transportation Team. A ternporary City of i.athrop Support Team headed jointly by the Infrastructure Manager and Physical Security Representative responsible for transporting resources, personnel, equipment, and materials to back- up sites as necessary.
Telecommunications' fearn. Headed by the Infrastructure Manager is responsibfe for establishing voice and data communications between the affected site and the City af athrop. 619
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TAltl. h: 1: CITl QF LATHROP I3US1 Ili55 CON' f1iVlIITY TE;AM1I 1 IE1111tiERS' tlpdoted March 2a23
o. BCT Member Role
i__
1 Business Continuity Manager
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2 Network SME ______
3 Network SM E
4 Seniar IT Staff
S Systems Engineer
S
6 Business CantinuityTeam Member m Recorder
7 Business Continuity Team Mernber- Recorder
Tl is information may 6e revised from time ta time, as internat City personne end external argankzatac, ns cta: arti e, Fcsr th* rran t up to date coPY, please see Table 1° City of tathrop Business Continuity Feam A+fembers Ir cat c in Ag, enrtix f S; rnnrrir cr 3rscument l.ist.
Part IV
Business Continuity Framework
4. isaster Recavery Strategy
Each subsec#ion below identifies the organization( s} and/ a position( s) responsible for each af these respor ses.
Phase I — Disaster Detection and Determination
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Phase li - Notification of Personnei Responsible for Recovery When a situation occurs that could result in interruption of processing The Business Cantinuity Managerl
The Business Continuity Teaml
f7eJer to puge T; Contact tnfarmotron
Phase III - Initiate the Business Continuity Plan
Initiation of this Plan is the responsitaility af the Business Continuity Management Team Coordinator ar any member af the Business Continuity Management Team.
Activation of a Designated Hot Site
Hot Site:
The respansibility for activating any af the designated hot sites or back-up resaurces is delegated ta Ghief Information Clfficer( CIO). tn the absence of the G0, responsibility reverts to the tommunitations Manager. ihe CIC?, or aiternate, determines
Infrastructure Manager and[ ommunications Manager.
Disseminatian of Public Information
The Communications Manager is responsible for directing al( meetings and diseussians with the news media and the public, and in conjunction with the BCT Manager and necessary BC7 personnel not actively participating in the ecovery operatian. In the absence of khe Cammunications Manager, the responsibiiity reverts to the senior afficia! present at the scene.
Recovery Status lnformation Number
ISO Helpdesk; is th2 predefined number estahlished as the voice mail information number far posting recc very status and information natices.
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Provision of Support 5ervlces to Aid Recavery
During and follawing a disaster, at the directian ot the CIO, each department head shail have their respected department personnel availabie
Phase IV - Disaster Recovery Strategy
The disaster recovery strategy explained below
Subsectians below explain the context in which the City of Lathrop' s Business Continuity Pla operates.
7his section addeesses th ee phases of disaster recovery:
1. 2.
8. Emergency Phase
The emergency phase begins with the initial response to a disaster. During this phase, the existing emergency plans and procedures are impfemented for direct effarts ta protect life and property. Security aver the area is established as lacal suppart services such as the Police and ire Departments are enlisted through existing mechanisms. The 8usiness Continuity Manager is alerted and begins to monitar the situation. 622
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Back- up Phase
Fiecovery Phase
The time required for recouery of the functianal site and the eventual restoration of normal processing depends an the dama e caused by the disaster.
The primary goal is to restore normal operations
as saan as possibte.
Scope of the Business Continuit Plan
The object of this Plan
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Tab1e 7: Categorizotion of Federal Information and InPormntinn Systems 624
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information Systems listed by Risk Category
Deliverable Pending}
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Appendix I: Supporting Document List
Tt e fr flowing dc cuments have been defined to assist in incident respanse Eor the City af lathrop.
Contatt Information
Table 1: Citv of Lathrop Business Continuitv Team Membe s ' 626
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Contact Information
Updo# ed Morch 2Q23
Name Title Role Contact Information Escalatio `
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Business Continuity BC manager
Management Team (
Caordinator
Infrastructure Manager BC Manager
cio cio
Communications BCMT
Manager rnember
Legal BCMT
member
Risk Manager CMT
member
NR Representative BCMT
member
Y_. , .
Physical Security BCMT
Representative member
3"' Party Network
Suppart
BI Regulatory/ Government ` --_______
i Reporting Body
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v .,...,. - a.r.,...._ .._ _. .,>. d_.... v_ w. __... __ Escalation leve# determines order in which notification should accur i, Natify iirst, required on all incidents
2. Required on ail morferate ar high- seuariry incidents
3. Involve as needed
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Table 1: City of Lathrop Business Continuity Team Members tlpdated March 2Q23
No. BCT Member Role
1 Bustness Continuity Manager
2 Network SME
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3 iVetwork SME
4 Senior IT Staff
S Systems Engineer
6 Business Continuity Team Member- Recorder
7 Business Continuity Tearn Member- Recorder
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ITEM 4. 21
CITY MANAGER' S REPORT
APRIL 10, 2023 REGULAR CITY COUNCIL MEETING
ITEM: AUTHORIZE THE FORMATION OF COMMUNITY
FACILITIES DISTRICT NO. 2023- 1 ( RIVER
ISLANDS PUBLIC SERVICES AND FACILITIES
2)
RECOMMENDATION: Adopt a Resolution of Intention to Establish City of Lathrop Community Facilities District
No. 2023- 1 ( River Islands Public Services and
Facilities # 2) and a Future Annexation Area to
Finance Public Services and Facilities
SUMMARY:
As part of their development agreement requirements, master developers are required to submit to the City a fiscal impact analysis. The purpose of a fiscal impact analysis is to estimate the overall financial impacts a development will have on the City. This analysis enables the City to estimate the difference between the costs of providing services to a new development and the revenue the new development will generate.
In 2013, River Islands completed a fiscal impact analysis for their project. The fiscal impact analysis projected that the River Islands ( Developer) development would produce a shortfall to the City' s General Fund. In order for the City to ensure that development continued to pay its own way, Community Facilities District ( CFD) No. 2013- 1 ( River Islands Public Services and Facilities) was formed to cover the shortfalls. Since that time, River Islands and the City has reviewed project revenues and expenses annually to ensure the project continues to perform as projected.
In January 2023, the City and San Joaquin County ( S] C) amended their property tax sharing agreement for the West Lathrop Specific Plan ( WLSP), which includes the River Islands Development. The amended agreement will revise the property tax formula for new development within the River Islands tax area from a 90%- County/ 10%- City tax split to a 60%- County/ 40%- City tax split. While this agreement has no immediate effect on property tax revenue received, it may generate substantially more property tax revenue than previously anticipated in the future development area.
As a result of the change in the property tax revenue, a new CFD will need to be created for all future development to allow the City flexibility to adjust the assessment if or when the shortfall is reduced. The new CFD will apply to future development and will not impact current residents. Currently, the future development area is owned by the developer.
629
CITY MANAGER' S REPORT PAGE 2
APRIL 10, 2023 REGULAR CITY COUNCIL MEETING
COMMUNITY FACILITIES DISTRICT NO. 2023- 1 FORMATION
It is recommended Council authorize the attached Resolution of Intention to establish the City of Lathrop Community Facilities District No. 2023- 1 ( River Islands Services and Facilities # 2) ( the " District") and to levy a special tax to finance the costs of certain public facilities and services of benefit to the properties within the District.
BACKG ROU N D:
City Staff, the Financing Team and the Developer have had several discussions to help formulate the proposed District and the special tax to be levied, which has been approved by the developer and will be calculated and levied as set forth in the Rate and Method of Apportionment of Special Tax ( attached to the Resolution of Intention Attachment A)).
The District will initially include three ( 3) parcels and is setup with the contemplation that additional land areas ( the " Future Annexation Area") will be annexed into the District in the future upon the consent of the then owner/ developer as the area develops.
The District will have a single tax rate formula, for the levy of the " Special Tax", for the purpose of funding services, and will convert to the purpose of funding facilities in the future.
The description of the services authorized to be paid for by the Special Tax, as well as the facilities/ public improvements are described in the " List of Services and Facilities" Exhibit A of Attachment A). The services shall include:
Services
Police Protection Services
Maintenance of open space; including irrigation and vegetation control Maintenance of roads and roadways; including street sweeping, street repair, street striping and repair and repainting of sound walls Storm protection; including operation and maintenance of storm drainage system
Landscaping of public areas; including irrigation, tree trimming and vegetation maintenance and control
Facilities
Roadway and related improvements
Bradshaw' s Crossing Bridge improvements
Water Infrastructure
Sewer Infrastructure
Public Landscaping and Recreational Features
630
CITY MANAGER' S REPORT PAGE 3
APRIL 10, 2023 REGULAR CITY COUNCIL MEETING
COMMUNITY FACILITIES DISTRICT NO. 2023- 1 FORMATION
The City Council has four documents for consideration:
1. The Resolution of Intention ( Attachment A) - The resolution sets forth the intention to establish the District, designates the name of the District, identifies the services and facilities to be funded, and states the City' s intention to levy a special tax to pay for the services and in the future to pay for the acquisition, construction, and associated costs of the public facilities. The Resolution also sets June 12, 2023 as the date for a hearing on the matters set forth therein.
2. List of Services and Facilities ( Exhibit A of Attachment A) - Lists the services and projects that are authorized to be funded from special tax revenues generated within the District.
3. The Rate and Method of Apportionment of Special Tax ( Exhibit B of Attachment A) is a key document in that it provides for the security for the funding of the District. This document presents how the revenues from the District are to be collected and also sets forth the purpose and level of the taxes from the various different types of properties.
4. The District Boundary Map ( Attachment B) - Details the legal parcels which will make up the properties within the boundaries of the District, showing the area initially to be taxed and the area that may be taxed later if annexed to the CFD as the " Future Annexation Area."
Today' s resolution sets the public hearing date at which time the City Council will hear a presentation on the proposed District. At the same time the election of the property owners is expected to be completed. The election results will unanimously favor the District formation, as the Developer, as the only property owner within the District boundaries, will be voting. It is expected that the Developer will waive a number of noticing and election procedures that make it possible for the proposed district to be formed in a relatively short period of time.
At the public hearing on the District, protests against the establishment of the District, the extent of the District, or the furnishing of specified types of public facilities or services within the District may be made orally or in writing by any interested persons or taxpayers. Any protests pertaining to the regularity or sufficiency of the proceedings shall be made in writing and shall clearly set forth the irregularities and defects to which objection is made. All written protests shall be filed with the City Clerk on or before the time fixed for the hearing. The City Council may waive any irregularities in the form or content of any written protest and at the hearing may correct minor defects in the proceedings. Written protests may be withdrawn in writing at any time before the conclusion of the hearing. If the City Council determines at the conclusion of the hearings to proceed with the establishment of the District, the proposed voting procedure shall be by landowners voting in accordance with the Mello- Roos Community Facilities District Act of 1982, as there are less than twelve registered electors residing within the proposed district boundaries.
631
CITY MANAGER' S REPORT PAGE 4
APRIL 10, 2023 REGULAR CITY COUNCIL MEETING
COMMUNITY FACILITIES DISTRICT NO. 2023- 1 FORMATION
Notice of the Public Hearing will be published in the same manner as the City' s other public hearing notifications at least seven days prior to the hearing date. Furthermore, a notice of the hearing will be mailed to each property owner and registered voter within the proposed District boundaries ( unless otherwise waived).
REASON FOR RECOMMENDATION:
Staff has worked with River Islands to complete a fiscal impact analysis for their project. The fiscal impact analysis has determined that the River Islands development will produce a shortfall to the City' s General Fund. In order for the City to ensure that development continues to pay its own way, a Community Facilities District ( CFD) needs to be formed to cover the shortfalls. River Islands and the City has committed to an annual review of project revenues and expenses to ensure the project continues to perform as projected.
In order to form the CFD, Council needs to adopt the Resolution of Intention. The Resolution is required to be adopted by a majority approval of the City Council.
FISCAL IMPACT:
River Islands has funded the forming of the CFD.
ATTACHMENTS:
A. Resolution of Intention to Establish Community Facilities District Exhibits to Attachment A:
A. Description of Authorized Services and Facilities
B. Rate and Method of Apportionment of Special Tax
B. Community Facilities District No. 2023- 1 Boundary Map 632
CITY MANAGER' S REPORT PAGE 5
APRIL 10, 2023 REGULAR CITY COUNCIL MEETING
COMMUNITY FACILITIES DISTRICT NO. 2023- 1 FORMATION
APPROVALS:
L,.v/ '
o D
Cari Jam
f
Date
Director ' Finance
F 3 •3 0• ZoZ3
Brad Taylor Date
City Engineer
D z--
Salvador Navarrete Date
City Attorney
23 St en J. Salvatore Date
City Manager
633
RESOLUTION NO. 23-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP OF
INTENTION TO ESTABLISH CITY OF LATHROP COMMUNITY FACILITIES DISTRICT NO. 2023- 1 ( RIVER ISLANDS PUBLIC SERVICES AND FACILITIES 2) AND A FUTURE ANNEXATION AREA TO FINANCE PUBLIC SERVICES AND
FACILITIES
WHEREAS, under the Mello- Roos Community Facilities Act of 1982, Chapter
2. 5 of Part 1 of Division 2 of Title 5, commencing at Section 53311, of the California Government Code ( the Act"), the City Council ( the Council") of the City of Lathrop the " City") is authorized to establish a community facilities district and to act as its legislative body; and
WHEREAS, this Council, having received a request from the owners of the area of developing land proposed to be included in the proposed community facilities district within the City, now desires to proceed with the establishment of such community facilities district to finance costs of certain public services required to meet the demands of new development of such land; and
WHEREAS, pursuant to Section 53339. 2 of the Act, this Council further desires to undertake proceedings to provide for future annexation of territory to the proposed community facilities district.
NOW, THEREFORE, IT IS RESOLVED as follows:
1. Authoritv. This Council proposes to conduct proceedings to establish a community facilities district pursuant to the Act, and hereby determines that public convenience and necessity require that a future annexation area be established pursuant to the Act.
2. Name of CFD: Future Annexation Area. The name proposed for the community facilities district is City of Lathrop Community Facilities District No. 2023- 1 ( River Islands Public Services and Facilities # 2) ( the CFD").
The name proposed for the territory proposed to be annexed into the CFD in the future is " City of Lathrop Community Facilities District No. 2023- 1 ( River Islands Public Services and Facilities # 2) ( Future Annexation Area)" ( the " Future Annexation Area").
3. Boundaries Described. The proposed boundaries of the CFD and the Future Annexation Area are as shown on the map of it on file with the City Clerk, which boundaries are hereby preliminarily approved and to which map reference is hereby made for further particulars. This Council finds that the map is in the form and contains the matters prescribed by Section 3110 of the California Streets and Highways Code. This Council directs the City Clerk to certify the adoption of this resolution on the face of the map, and to file a copy of the map in the office of the 634
City Clerk in accordance with Section 3111 of the California Streets and Highways Code, and within 15 days of the date of adoption of this resolution but in no event later than 15 days prior to the public hearing provided for herein transmit the map to the County Recorder for recording in the Book of Maps of Assessment and Community Facilities Districts in the office of the County Recorder of the County of San ) oaquin.
Parcels within the Future Annexation Area shall be annexed to the CFD only with the unanimous approval ( each, a " Unanimous Approval") of the owner or owners of each parcel or parcels at the time that parcel or those parcels are annexed and all or any portions of territory that annex into the CFD from the Future Annexation Area or otherwise may be annexed into a separate zone or improvement area to be designated at the time of such annexation, all without any requirement for additional public hearings, resolutions of the City Council or other additional proceedings. In connection with establishing such zone or improvement area, all proceedings for approval of an appropriations limit, the rate and method of apportionment and manner of collection of special taxes, and the authorization to incur bonded indebtedness may differ from other designated areas of the CFD, all as set forth in the Unanimous Approval, and shall apply only to the parcel or parcels within such zone or improvement area.
4. Services and Facilities. The types of public facilities and services proposed to be provided within the CFD and the Future Annexation Area are set forth on Exhibit A attached to this Resolution ( the " Services" and " Facilities"). The Council hereby finds that these Services and Facilities are necessitated by new development occurring and anticipated within the CFD and the Future Annexation Area and the Council hereby determines that the increased services and facilities are necessary to meet increased demands placed upon local agencies as the result of development occurring or to occur within the CFD and the Future Annexation Area. The Council hereby finds and determines that the public interest will not be served by allowing the property owners in the CFD to enter into a contract in accordance with Section 53329. 5( a) of the Act. Notwithstanding the foregoing, the Council, on behalf of CFD, may enter into one or more contracts directly with any of the property owners with respect to the construction and/ or acquisition of any portion of the Facilities.
The City Manager is hereby authorized and directed to enter into joint community facilities agreements with any entity that will share in providing the Services and Facilities, as may be necessary to comply with the provisions of Section 53316. 2( a) and ( b) of the Act. The Council hereby declares that such joint agreements will be beneficial to owners of property in the area of the CFD.
5. Special Tax. Except to the extent that funds are otherwise available, the City will levy the special taxes ( together, the ' Special Tax") to pay directly for the Services and Facilities. The Special Tax will be secured by recordation of a continuing lien against all non- exempt real property in the CFD, will be levied annually within the CFD, and collected in the same manner as ordinary ad valorem property taxes, or in such other manner as this Council or its designee shall determine, including direct billing of the affected property owners. The proposed rate and method of
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apportionment of the Special Tax among the parcels of real property within the CFD in sufficient detail to allow each landowner within the proposed CFD to estimate the maximum amount such owner will have to pay, are described in Exhibit B attached hereto and hereby incorporated herein ( the Rate and Method").
This Council hereby finds that the provisions of Section 53313. 6, 53313. 7 and 53313. 9 of the Act ( relating to adjustments to ad valorem property taxes and schools financed by a community facilities district) are inapplicable to the proposed CFD.
As required by Section 53339. 3( d) of the Act, the Council hereby determines that the special tax proposed to pay for one or more Services and Facilities to be supplied within the Future Annexation Area will be equal to the special taxes levied to pay for the same Services and Facilities for similarly designated parcels in the original area of the CFD.
6. Exempt Property. Except as may otherwise be provided by the Act, by law or by the rate and method of apportionment of the Special Tax for the CFD, all lands owned by any public entity, including the United States, the State of California and/ or the City, or any departments or political subdivisions thereof, shall be omitted from the levy of the Special Tax to be made to cover the costs and expenses of the Services and Facilities and the CFD. In the event that a portion of the property within the CFD shall become for any reason exempt, wholly or in part, from the levy of the Special Tax, this Council will, on behalf of the CFD, increase the levy to the extent necessary upon the remaining property within the CFD which is not exempt in order to yield the required annual expenses of the CFD, subject to the provisions of the rate and method of apportionment of the Special Tax.
7. Election. The levy of the Special Tax shall be subject to the approval of the qualified electors of the CFD at a special election. The proposed voting procedure shall be by mailed or hand- delivered ballot among the landowners in the proposed CFD, with each owner having one vote for each acre or portion of an acre such owner owns in the CFD.
A special tax shall be levied in the Future Annexation Area only with the Unanimous Approval of the owner or owners of each parcel or parcels at the time that parcel or those parcels are annexed, without any requirement for further public hearings or additional proceedings.
8. CFD Report. The City' s Finance Director, as the officer having charge and control of the Services and Facilities in and for the CFD, or the designee of such officer, is hereby directed to study said proposed Services and Facilities and to make, or cause to be made, and file with the City Clerk a report in writing, ( the " CFD Report") presenting the following:
a) A description of the Services and Facilities by type which will be required to adequately meet the needs of the CFD.
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b) An estimate of the fair and reasonable cost of the Services and incidental expenses in connection therewith.
c) An estimate of the fair and reasonable cost of the Facilities including the cost of acquisition of lands, rights- of- way and easements, any physical facilities required in conjunction therewith and incidental expenses in connection therewith.
The CFD Report shall be made a part of the record of the public hearing specified below.
9. Public Hearina. Monday, June 12, 2023, at 7: 00 p. m. or as soon as possible thereafter, in the Council Chambers, 390 Towne Centre Drive, Lathrop, California 95330, be, and the same are hereby appointed and fixed as the time and place when and where this Council, as legislative body for the CFD, will conduct a public hearing on the establishment of the CFD and the Future Annexation Area and consider and finally determine whether the public interest, convenience and necessity require the formation of the CFD, the Future Annexation Area and the levy of the Special Tax.
At the hearing, testimony concerning the CFD, the extent of the CFD and Future Annexation Area or the furnishing of the particular types of Services and Facilities will be heard and protests will be considered from registered voters residing within the CFD and persons owning real property within the CFD. Written protests by a majority of the registered voters ( if at least six such voters protest), or by the owners of a majority of the land ( by acreage) which would be subject to special taxation within the proposed the CFD will require the suspension of proceedings for at least one year. Written protests must be filed with the City Clerk at or before the time fixed for the hearing. If such protests are directed only against certain elements of the proposed Services and Facilities or proposed special tax, and if such protests constitute a majority protest, only those elements shall be deleted from the proceedings.
10. Notice of Hearina. The City Clerk is hereby directed to cause notice of the public hearing to be given by publication one time in a newspaper published in the area of the CFD and the Future Annexation Area. The publication shall be completed at least seven days before the date of the public hearing specified above.
The City may also cause notice of the hearing to be given to each property owner within the CFD by first class mail, postage prepaid, to each such owner' s address as it appears on the most recent tax records of San Joaquin County or as otherwise known to the City to be correct. Such mailing shall be completed not less than 15 days before the date of the public hearing. Each of the notices shall be substantially in the form specified in Section 53322 of the Act, with the form summarizing the provisions hereof hereby specifically approved.
11. Billing of Special Tax. It is anticipated that the special tax will be billed as a separate line item on the regular property tax bill. However, this Council reserves the right, under Section 53340, to utilize any method of collecting the special
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tax which it shall, from time to time, determine to be in the best interests of the City, including, but not limited to, direct billing by the City to the property owners and supplemental billing.
12. Further Action. The Mayor, City Manager/ Treasurer, Finance Director, City Attorney, City Clerk and all other officers and agents of the City are hereby authorized and directed to take all actions necessary or advisable to give effect to the transactions contemplated by this Resolution.
13. No Obligation. This Resolution shall in no way obligate the Council of the City to form the CFD. The formation of the CFD shall be subject to the approval of this Council by resolution following the holding of the public hearing referred to above.
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I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of Lathrop at a meeting held on the lOth day of April, 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney
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EXHIBIT A
CITY OF LATHROP
COMMUNITY FACILITIES DISTRICT NO. 2023- 1
RIVER ISLANDS PUBLIC SERVICES AND FACILITIES# 2)
DESCRIPTION OF AUTHORIZED SERVICES AND FACILITIES
Services
The services to be funded, in whole or in part, by the community facilities district (CFD) include all direct and incidental costs related to providing public services and maintenance of public infrastructure within the River Islands area including the area initially included in the CFD, as well as any future annexation area of the CFD and areas adjacent to the foregoing. More specifically, the services shall include, but not be limited to: ( i) police protection services, ( ii) maintenance of open space, including trails and habitat areas, with services to include, but not be limited to, irrigation and vegetation control;( iii) maintenance ofroads and roadways, with services to include, but not be limited to, regularly scheduled street sweeping, repair ofpublic streets, striping of streets and repair and repainting of sound walls and other appurtenances; ( iv) storm protection services, including, but not limited to, the operation and maintenance of storm drainage systems, ( v) landscaping in public areas and in the public right of way along public streets, including, but not limited to, irrigation, tree trimming and vegetation maintenance and control; and ( vi) any other public services authorized to be funded under Section 53313 of the California Government Code that are not already funded by another community facilities district on the property within the CFD.
The CFD may fund any of the following related to the services described in the preceding paragraph: obtaining, constructing, furnishing, operating and maintaining equipment, apparatus or facilities related to providing the services and/ or equipment, apparatus, facilities or fixtures in areas to be maintained, paying the salaries and benefits ofpersonnel necessary or convenient to provide the services, payment of insurance costs and other related expenses and the provision of reserves for repairs and replacements and for the future provision of services. The services to be financed by the CFD are in addition to those provided in the territory ofthe CFD before the date of formation of the CFD and will not supplant services already available within that territory when the District is created.
Facilities
The CFD may also fund all or any portion of the costs of the following facilities to be located within or in the vicinity ofthe CFD:
Roadway and related improvements, including, but not limited to, construction of the roadways currently identified on Vesting Tentative Map No. 3694 as Stewart Road, Golden Valley Parkway, South River Islands Parkway, North River Islands Parkway, Broad Street, Commercial Street, J8 Street, BS Street, B6 Street and Cl Street, as well as other backbone and arterial streets, including, but not limited to, grading, fill, pavement section, curb gutter and sidewalk, joint trench, water, sewer, reclaimed water, storm drainage, and other utility improvements necessary for, or incidental 1 640
to, road construction. Roadway improvements may also include landscaping, street lights and signage, and traffic signals and striping.
Bradshaw' s Crossing Bridge improvements, including, but not limited to, design, construction, utility connections, mitigation payments, right- of-way acquisition, and other improvements required for, or incidental to, construction of the bridge.
Water infrastructure, including, but not limited to, tanks, pump stations, distribution lines, and other improvements necessary for, or incidental to, the delivery of potable or reclaimed water.
Sewer infrastructure, including, but not limited to, treatment facilities, sanitary sewer collection lines and force mains, effluent holding and storage, pump stations, lift stations, and other improvements necessary for, or incidental to, the delivery of sanitary sewer service.
Public landscaping and recreational features along rivers, lakes, within parks, and along and including pathways.
Offsite public infrastructure, including, but not limited to, the extension of sanitary sewer lines and payment of license fees ( e. g., to Caltrans or UPRR) and any other incidental fees or exactions.
The facilities authorized to be funded by the CFD shall include the costs of design, engineering, surveys, reports, environmental mitigation, soils testing, permits, plan check, inspection fees, impact fees, insurance, construction management, and any other costs or appurtenances related to any of the foregoing.
Administrative Expenses
The administrative expenses to be funded by the CFD include the direct and indirect expenses incurred by the City of Lathrop ( City) in carrying out its duties with respect to the CFD including, but not limited to, the levy and collection of the special taxes, the fees and expenses of attorneys, any fees of the County of San Joaquin related to the CFD or the collection of special taxes, an allocable share of the salaries of any City staff directly related thereto and a proportionate amount of the City' s general administrative overhead related thereto, any amounts paid by the City from its general fund with respect to the CFD or the services authorized to be financed by the CFD, and expenses incurred by the City in undertaking action to foreclose on properties for which the payment of special taxes is delinquent, and all other costs and expenses of the City in any way related to the CFD.
Other
The incidental expenses that may be funded by the CFD include, in addition to the administrative expenses identified above, the payment or reimbursement to the CFD of all costs associated with the establishment and ongoing administration of the CFD. 2 641
EXHIBIT B
CITY OF LATHROP
COMMUNITY FACILITIES DISTRICT NO. 2023- 1
RIVER ISLANDS PUBLIC SERVICES AND FACILITIES# 2)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
Special Taxes applicable to each Assessor' s Parcel in the City of Lathrop Community Facilities District No. 2023- 1 ( River Islands Public Services and Facilities# 2) shall be levied and collected according to the tax liability determined by the City or its designee, through the application of the appropriate amount or rate for Taxable Property, as described below. All of the property in the CFD, unless exempted by law or by the provisions of Section F below, shall be taxed for the purposes, to the extent, and in the manner herein provided, including property subsequently annexed to the CFD unless a separate rate and method of apportionment of Special Tax is adopted for the annexation area.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
Accessory Unit" means a second residential unit of limited size ( e. g., granny cottage, second unit) that shares a Parcel with a single- family detached unit.
Act" means the Mello- Roos Community Facilities Act of 1982, as amended, being Chapter 2. 5 commencing with Section 53311), Part 1, Division 2, of Title 5 of the Government Code of the State of California.
Administrative Expenses" means any or all of the following: expenses of the City in carrying out its duties with respect to the CFD, including, but not limited to, the levy and collection of Special Taxes, the fees and expenses of its legal counsel, costs related to annexing property into the CFD, charges levied by the County in connection with the levy and collection of Special Taxes, costs related to property owner inquiries regarding the Special Taxes, costs associated with appeals or requests for interpretation associated with the Special Taxes and this RMA, costs associated with foreclosure and collection of delinquent Special Taxes and all other costs and expenses ofthe City and County in any way related to the establishment or administration of the CFD.
Administrator" means the person or firm designated by the City to administer the Special Taxes according to this RMA.
Assessor' s Parcel" or" Parcel" means a lot or parcel shown on a County Assessor' s Parcel map with an assigned County Assessor' s Parcel number.
Authorized Facilities" means the public facilities authorized to be financed, in whole or in part, by Facilities Special Taxes collected within the CFD, pursuant to the documents adopted by the City Council at CFD Formation.
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Authorized Services" means those services that are authorized to be funded by Services Special Taxes collected within the CFD, pursuant to the documents adopted by the City Council at CFD Formation.
CFD" means the City of Lathrop Community Facilities District No. 2023- 1 ( River Islands Public Services and Facilities# 2).
CFD Formation" means the date on which the Resolution of Formation to form the CFD was adopted by the City Council.
City" means the City of Lathrop.
City Council" means the City Council of the City of Lathrop.
County" means the County of San Joaquin.
Developed Property" means, in any Fiscal Year, the following:
for Single Family Detached Property, all Parcels of Taxable Property for which a Final Map was recorded on or prior to June 30 ofthe preceding Fiscal Year for Multi-Family Property and Single Family Attached Property, all Parcels of Taxable Property for which a building permit for new construction of a residential structure was issued on or prior to June 30 of the preceding Fiscal Year for Non-Residential Property, all Parcels of Taxable Property for which a building permit for new construction of a structure was issued on or prior to June 30 of the preceding Fiscal Year.
Development Agreement" means the 2003 Amended and Restated Development Agreement dated February 4, 2003 and recorded on March 31, 2003 in the San Joaquin County Recorder' s Office as Document No. 2003- 069319, as has been amended and as may be amended in the future.
Escalation Factor" means, in any Fiscal Year, the lesser of( i) the increase from the prior Fiscal Year, if any, in the Local Consumer Price Index ( CPI) for the San Francisco-Oakland-San Jose Area for All Urban Consumers, or( ii) four percent( 4%). The CPI used shall be as determined by the Bureau of Labor Statistics from April to April beginning with the period from April 2022 to April 2023.
Facilities Special Tax" means a special tax levied in any Fiscal Year after the Trigger Event has taken place to pay the Facilities Special Tax Requirement.
Facilities Special Tax Requirement" means the amount necessary in any Fiscal Year after the Trigger Event to pay the costs ofAuthorized Facilities to be funded directly from Facilities Special Tax proceeds.
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Final Map" means a final map, or portion thereof, approved by the City and recorded by the County pursuant to the Subdivision Map Act( California Government Code Section 66410 et seq) that creates SFD Lots. The term " Final Map" shall not include any large lot subdivision map, Assessor' s Parcel Map, or subdivision map or portion thereof, that does not create SFD Lots, including Assessor' s Parcels that are designated as remainder parcels.
Fiscal Review Process" means the River Islands Annual Fiscal Review Process, which is required pursuant to the Development Agreement, and which process is described in detail in Exhibit B of the Development Agreement.
Fiscal Year" means the period starting July 1 and ending on the following June 30.
Maximum Facilities Special Tax" means the greatest amount of Facilities Special Tax that can be levied on a Parcel in any Fiscal Year after the Trigger Event, as determined in accordance with Section C below.
Maximum Services Special Tax" means the greatest amount of Services Special Tax that can be levied on a Parcel in any Fiscal Year, as determined in accordance with Section C below.
Maximum Special Taxes" means, collectively, the Maximum Facilities Special Tax and the Maximum Services Special Tax that can be levied on a Parcel in any Fiscal Year.
Multi-Family Property" means, in any Fiscal Year, all Parcels of Taxable Property for which a building permit or use permit has been issued or is expected to be issued far construction of a residential structure with five or more Units that share a single Assessor' s Parcel number, are offered for rent to the general public, and cannot be purchased by individual homebuyers.
Non- Residential Property" means all Assessor' s Parcels of Taxable Property for which a building permit was or is expected to be issued for an office, commercial, retail, industrial or mixed- use building, as determined by the City.
Non-Residential Square Footage" means the net leasable square footage used by or designated for non- residential uses within a building as reflected on the condominium plan, site plan, building permit for new construction, or other such document. If a structure on a Parcel ofNon-Residential Property includes Units, such Units shall be categorized and taxed as Residential Property, and the square footage of such Units shall not be counted as Non- Residential Square Footage for purposes of determining the Maximum Special Taxes pursuant to Section C below.
Proportionately" means, for the Services Special Tax, that the ratio of the actual Services Special Tax levied in any Fiscal Year to the Maximum Services Special Tax authorized to be levied in that Fiscal Year is equal for all Assessor' s Parcels of Developed Property. For the Facilities Special Tax, " Proportionately" means that the ratio of the actual Facilities Special Tax levied in any Fiscal Year to the Maximum Facilities Special Tax authorized to be levied in that Fiscal Year is equal for all Assessor' s Parcels of Developed Property.
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Public Property" means any property within the boundaries of the CFD that is owned by or irrevocably offered for dedication to the federal government, State of California, County, City, or other local governments or public agencies.
Residential Property" means, collectively, Single Family Detached Property, Single Family Attached Property, and Multi- Family Property. If a building includes both Units and NonResidential Square Footage, the Units within the building shall be categorized as Residential Property for purposes of this RMA.
RMA" means this Rate and Method of Apportionment of Special Tax.
Services Special Tax" means a special tax levied in any Fiscal Year to pay the Services Special Tax Requirement.
Services Special Tax Requirement" means the amount of revenue needed in any Fiscal Year to pay for: ( i) Authorized Services, ( ii) Administrative Expenses, and ( iii) amounts needed to cure any delinquencies in the payment of Services Special Taxes which have occurred or ( based on delinquency rates in prior years) may be expected to occur in the Fiscal Year in which the tax will be collected. In any Fiscal Year, the Services Special Tax Requirement shall be reduced by surplus amounts available ( as determined by the City) from the levy of the Services Special Tax in prior Fiscal Years, including revenues from the collection of delinquent Services Special Taxes and associated penalties and interest.
SFD Lot" means an individual residential lot, identified and numbered on a recorded Final Map, on which a building permit was or is permitted to be issued for construction of a single family detached unit without further subdivision ofthe lot and for which no further subdivision ofthe lot is anticipated pursuant to an approved tentative map.
Single Family Attached Property" means, in any Fiscal Year, all Parcels of Taxable Property for which a building permit was or is expected to be issued for construction of a residential structure consisting oftwo or more Units that share common walls, have separate Assessor' s Parcel numbers assigned to them ( except for a duplex unit, which may share an Assessor' s Parcel with another duplex unit), and may be purchased by individual homebuyers ( which shall still be the case even if the Units are purchased and subsequently offered for rent by the owner of the unit), including such residential structures that meet the statutory definition of a condominium contained in Civil Code Section 4125.
Single Family Detached Property" means, in any Fiscal Year, all Parcels of Taxable Property for which a building permit was or is expected to be issued for construction of a Unit that does not share a common wall with another Unit. An Accessory Unit that shares a Parcel with a singlefamily detached unit shall not be considered a separate Unit for purposes ofthis RMA.
Special Taxes" means, collectively, the Facilities Special Tax and the Services Special Tax.
Taxable Property" means all ofthe Assessor' s Parcels within the boundaries of the CFD which are not exempt from the Special Taxes pursuant to law or Section F below.
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Tax Zone" means a mutually exclusive geographic area within which Special Taxes may be levied pursuant to this RMA. All ofthe properry within the CFD at the time ofCFD Formation is within Ta rZone 1. Additional Tax Zones may be created when property is annexed to the CFD, and separate Maximum Special Taxes shall be identified for property within the new Tax Zone at the time of such annexation. The Assessor' s Parcels included within a new Tax Zone established when such Parcels are annexed to the CFD shall be identified by Assessor' s Parcel number in the Unanimous Approval Form that is signed by the owner( s) of the Parcels at the time of annexation.
Unanimous Approval Form" means that form executed by the record owner of fee title to a Parcel or Parcels annexed into the CFD that constitutes the property owner' s approval and unanimous vote in favor of annexing into the CFD and the levy of Special Taxes against his/ her Parcel or Parcels pursuant to this RMA.
Trigger Event" will be deemed to have occurred in any Fiscal Year if, on or before June 30 of the prior Fiscal Year, the City has made a finding that, for the third year in a row, the Fiscal Review Process has demonstrated that fiscal surpluses will be generated to the City' s general fund from development within the River Islands Master Plan area, and, as part of the Fiscal Review Process in each of the prior three years, the Services Special Tax revenue factored into the fiscal analysis was based on the Services Special Tax being levied at only 47. 43% of the Maximum Services Special Tax that could have been levied in each of those three years. Once the Trigger Event has occurred, the reduced Services Special Taxes and the Facilities Special Taxes determined for each Tax Zone pursuant to Section C shall be the applicable Maximum Special Taxes in all future Fiscal Years regardless of the results of future Fiscal Review Processes.
Unit" means a single family detached unit or an individual unit within a duplex, triplex, halfplex, fourplex, condominium, townhome, live/work, or apartment structure.
B. DATA FOR ADMINISTRATION OF SPECIAL TAXES
On or about July 1 of each Fiscal Year, the Administrator shall identify the current Assessor' s Parcel numbers for all Parcels of Developed Property within the CFD. The Administrator shall also determine: ( i) within which Tax Zone each Parcel is located; ( ii) which Parcels of Developed Property are Residential Property and Non- Residential Property; ( ii) the Non- Residential Square Footage of buildings on each Parcel of Non- Residential Property; ( iii) for Single Family Detached Property, the square footage of each SFD Lot,( iv) by reference to the condominium plan, site plan, or other document, the number of Units on each Parcel of Single Family Attached Property and Multi-Family Property; ( v) whether the Trigger Event has occurred; and ( vi) the Services Special Tax Requirement and, if the Trigger Event has occurred, the Facilities Special Tax Requirement for the Fiscal Year. To determine the square footage of each Parcel of Single Family Detached Property, the Administrator shall reference Assessor' s Parcel Maps or, ifthe square footage is not yet designated on such maps, the small lot subdivision map recorded to create the individual lots.
In any Fiscal Year, if it is determined that: ( i) a parcel map for property in the CFD was recorded after January 1 of the prior Fiscal Year ( or any other date after which the Assessor will not incorporate the newly- created parcels into the then current tax roll), ( ii) because of the date the parcel map was recorded, the Assessor does not yet recognize the new parcels created by the parcel City of Lathrop CFD Na 2023- 1 S March 2, 2023
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map, and ( iii) a building permit was issued on or prior to June 30 of the prior Fiscal Year for development on one or more of the newly- created parcels, the Administrator shall calculate the Special Taxes for Units and/ or Non- Residential Square Footage within the subdivided area and levy such Special Taxes on the master Parcel that was subdivided by recordation ofthe parcel map.
C. MAXIMUM SPECIAL TAXES
1. Services Special Tax, Tax Zone 1
Table 1 below identifies the Maximum Services Special Tax for Developed Property within Tax Zone l, both before and after the Trigger Event. A different Maximum Services Special Tax may be identified for property that annexes into the CFD and is part of a separate Tax Zone.
TABLE 1
MAXIMUM SERVICES SPECIAL TAX
TAX ZONE 1
Maximum Services Maximum Services
Special Tax Special Tax
in Tax Zone 1 in Tax Zone i
Prior to After the
Type of Property
the Trigger Event Trigger Event
Lot Size Fiscal Year 2022- 23 * Fiscal Year 2022- 23 *
Residential Propertv:
Single Family Detached Property Greater than 7, 000 SqFt $ 432. 29 per SFD Lot 205. 02 per SFD Lot Single Family Detached Properiy 5, 801 to 7, 000 SqFt 349. 02 per SFD Lot 165. 53 per SFD Lot Single Family Detached Property 4, 801 to 5, 800 SqFt 320. 21 per SFD Lot 151. 87 per SFD Lot Single Family Detached Property 4, 000 to 4, 800 SqFt 272. 18 per SFD Lot 129. 09 per SFD Lot Single Family Detached Property Less than 4, 000 SqFt $ 252. 96 per SFD Lot 119. 97 per SFD Lot Single Family Attached Property Not Applicable 0. 00 per Unit 0. 00 per Unit Multi- Famil Pro e Not A licable 0. 00 er Unit 0. 00 er Unit
0. 00 per 0. 00 per
Non- Residential Property Not Applicable Non- Residential Non- Residential Square Foot Square Foot
On July 1, 2023 and on each July 1 thereafter, all gures shown in Table 1 above shall be increased by the Escalation Factor.
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2. Facilities Special Tcrr, Tax Zone 1
Table 2 below identifies the Maximum Facilities Special Tax for Developed Property within Tax Zone 1 both before and after the Trigger Event; a different Maximum Facilities Special Tax may be identified for property that annexes into the CFD and is part of a separate Tax Zone.
TABLE 2
MAXIMUM FACILITIES SPECIAL TAX
TAX ZONE 1
Maximum Facilities Maximum Facilities
Special Tax Special Tax
in Tax Zone i in Tax Zone 1
Prior to After the
Type of Property
the Trigger Event Trigger Event
Lot Size Fiscal Year 2022- 23 * Fiscal Year 2022- 23 *
Residential Propertv:
Single Family Detached Property Greater than 7, 000 SqFt $ 0. 00 per SFD Lot 227. 27 per SFD Lot Single Family Detached Properiy 5, 801 to 7, 000 SqFt 0. 00 per SFD Lot 183. 49 1per SFD Lot Single Family Detached Property 4, 801 to 5, 800 SqFt 0. 00 per SFD Lot 168. 34 per SFD Lot Single Family Detached Property 4, 000 to 4, 800 SqFt 0. 00 per SFD Lot 143. 09 per SFD Lot Single Family Detached Property Less than 4, 000 SqFt 0. 00 per SFD Lot 132. 99 per SFD Lot Single Family Attached Property Not Applicable 0. 00 per Unit 0. 00 per Unit Multi- Famil Pro e Not A licable 0. 00 er Unit 0. 00 er Unit
0. 00 per 0. 00 per
Non- Residential Property Not Applicable Non- Residential Non- Residential Square Foot Square Foot
On July 1, 2023 and on each July i thereafter until the first Fiscal Year after the Trigger Event, all figures shown in Table 2 above shall be increased by the Escalation Factor. On July 1 of the first Fiscai Year after the Trigger Event, and on each July 1 thereafter, the Maximum Facilities Special Taxes shall increase by two percent( 2%) of the amount in effect in the prior Fiscai Year.
3. Maximum Special Taxes for Mixed- Use Buildings
If, in any Fiscal Year, the Administrator determines that a Parcel of Developed Property is built or proposed to be built with both Units and Non-Residential Square Footage, the Maximum Special Taxes for the Parcel shall be the sum of( i) the aggregate Maximum Special Taxes for all Units on the Parcel, and ( ii) the Maximum Special Taxes determined for all of the Non- Residential Square Footage on the Parcel.
4. Reduction ofthe Maximum Special Taxes
If,in any Fiscal Year, the City determines pursuant to the Fiscal Review Process that the Maximum Special Taxes within one or more Tax Zones should be reduced, the Maximum Special Taxes within the Tax Zones may be reduced without a vote of the qualified CFD electors. An Amended Notice of Special Tax Lien reflecting the reduced Maximum Special Taxes shall be recorded against the Parcels within such Tax Zones.
Ciry of Lathrop CFD No. 2023- 1 7 March 2, 2023
648
D. METHOD OF LEVY OF THE SPECIAL TAXES
1. Services Special Tax
Each Fiscal Year, the Administrator shall determine the Services Special Tax Requirement for the Fiscal Year, and the Services Special Tax shall be levied on each Parcel of Developed Property within the CFD in the amount of either ( i) the Maximum Services Special Tax, or ( ii) the Proportionately determined percentage ofthe Maximum Services Special Tax required to generate the Services Special Tax Requirement, whichever is less.
2. Facilities Special Tcrr
Each Fiscal Year after the Trigger Event, the Administrator shall determine the Facilities Special Tax Requirement for the Fiscal Year, and the Facilities Special Tax shall be levied on each Parcel of Developed Property within the CFD in the amount of either( i) the Maximum Facilities Special Tax, or ( ii) the Proportionately determined percentage of the Maximum Facilities Special Tax reyuired to generate the Facilities Special Tax Requirement, whichever is less.
E. MANNER OF COLLECTION OF SPECIAL TAXES
The Special Taxes shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that the City may directly bill, collect at a different time or in a different manner, and/ or collect delinquent Special Taxes through foreclosure or other available methods.
The Facilities Special Tax shall be levied for thirty ( 30) Fiscal Years, beginning the first Fiscal Year after the Trigger Event has taken place. Under no circumstances may the Facilities Special Tax on a Parcel in residential use be increased in any Fiscal Year as a consequence of delinquency or default in payment of the Facilities Special Tax levied on another Parcel or Parcels by more than ten percent( 10%) above the amount that would have been levied in that Fiscal Year had there never been any such delinquencies or defaults. The Services Special Tax may be levied and collected in perpetuity.
F. EXEMPTIONS
No Special Taxes shall be levied on Public Property or any other Parcels in the CFD that are not Residential Property or Non- Residential Property, as defined herein.
G. INTERPRETATION OF SPECIAL TAX FORMULA
The City may interpret, clarify, and/ or revise this RMA to correct any inconsistency, vagueness or ambiguity as it relates to the Special Tax rates, the method of apportionment, the classification of properties or any definition applicable to the CFD, by resolution or ordinance. The City, upon the request of an owner of land within the CFD which is not Developed Property, may also amend this RMA in any manner acceptable to the City, by resolution or ordinance following a public hearing, upon the affirmative vote of such owner to such amendment and without the vote of owners of any other land within the CFD, provided such amendment only affects such owner' s land.
Ciry of Lathrop CFD No. 2023- 1 8 March 2, 2023
649
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ITEM 4. 22
CITY MANAGER' S REPORT
APRIL 10, 2023, CITY COUNCIL REGULAR MEETING
ITEM: ACCEPT PUBLIC IMPROVEMENTS FROM RIVER
ISLANDS DEVELOPMENT, LLC FOR TRACTS 3994,
3995, 4015, 4016, 4020, 4021, 4030, 4031, 4060,
4111, AND ACCEPT RIVER ISLANDS PARKWAY WITH
ASSOCIATED CONDITION
RECOMMENDATION: Adopt Resolution to Accept Public Improvements from River Islands Development, LLC for Tracts
3994, 3995, 4015, 4016, 4020, 4021, 4030, 4031,
4060, 4111, and Accept River Islands Parkway with
Associated Condition
SUMMARY:
River Island Development, LLC ( RID) has completed construction of the public improvements listed in the GASB 34 reports (Attachment C") for Tract 3994, 3995, 4015, 4016, 4020, 4021, 4030, 4031, 4060, and 4111 (" Tracts"), in accordance with the associated Subdivision Improvement Agreements ( SIA).
RID has also substantially completed construction for a portion of River Islands Parkway ( RIP) from Somerston Parkway to Walera Drive in accordance with the SIA' s for Tract 3834, 3908, and 4032. However, the lake connect line between Lake 10 and 11 requires repairs in order to be completely operational.
These improvements have been inspected by staff and deemed complete by the City Engineer, except for the repair of the lake connect pipe between Lake 10 and 11. RID provided one- year warranty bonds based on 10% of the completed improvement construction cost, and lien releases for the proposed accepted improvements. Vicinity Maps for the Tracts are included as Attachment " B".
Staff recommends City Council accept the completed Public Improvements for the Tracts and accept RIP from Somerston Parkway to Walera Drive, with the exception of a segment of RIP depicted in Attachment D", contingent upon the repair of the lake connect pipe between Lake 10 and 11.
BACKGROUND:
On March 27, 2007, Council approved Vesting Tentative Map ( VTM) 3694, and later amended VTM 3694 with updated Conditions of Approval ( COA) on June 1, 2015. The Tracts comply with the amended COA' s of VTM 3694.
As required by the City' s subdivision ordinance, the final maps for the Tracts within the Villages included a Subdivision Improvement Agreement ( SIA) to guarantee public improvements. Completion of the public improvements listed in the GASB 34 reports fulfills the associated obligations of the SIAs. The Council approval dates & resolution numbers are detailed in Table 1 below.
651
CITY MANAGER' S REPORT PAGE 2
APRIL 10, 2023, CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS FROM RID FOR TRACTS 3994, 3995, 4015, 4016, 4020, 4021, 4030, 4031, 4060, 4111, AND ACCEPT RIP WITH
ASSOCIATED CONDITION
Table 1: Council A roval Dates and Resolutions
Council Approval
Village Tract
Date
Resolution Number
3994 10/ 8/ 2018 18- 4461
T
3995 12/ 9/ 2019 19- 4661
4015 9/ 9/ 2019 19- 4627
W
4016 11/ 9/ 2020 20- 4810
X 4020 11/ 9/ 2020 20- 4811
4021 5/ 11/ 2020 20- 4720
4030 5/ 10/ 2021 21- 4874
S 4031 8/ 9/ 2021 21- 4934
4060 1/ 11/ ZOZl 21- 4829
4111 12/ 13/ 2021 21- 5008
The Performance and Labor & Materials Bonds will be released and replaced with the Warranty Bonds upon acceptance of the improvements. The bond values and numbers are detailed in Table 2 below.
Table 2: Bond Values and Numbers
Village Tract Performance Bond Labor & Materials Warranty Bond Number/ Value Bond Number/ Value Number/ Value
3994 0757337/$ 560, 904 0757337/$ 280, 452
T 0757337/$ 232, 500
3995 0757337/$ 560, 904 0757337/$ 280, 452
4015 0757331/$ 136, 866 0757331/$ 68, 433
W 0757331/$ 202, 566
4016 0757331/$ 136, 866 0757331/$ 68, 433
X 4020 0757350/$ 3, 401, 448 0757350/$ 1, 700, 7z4 0757350/$ 432, 854 40Z1 0757341/$ 4, 602, 505 0757341/$ 2, 301, 253
4030 0757341/$ 4, 602, 505 0757341/$ 2, 301, 253
S 4031 0757341/$ 4, 602, 505 0757341/$ 2, 301, 253
0757341/$ 460, 251
4060 0757341/$ 4, 602, 505 0757341/$ 2, 301, 253
4111 0757341/$ 4, 602, 505 0757341/$ 2, 301, 253
Table 3 below details the Tracts that required the construction of River Islands Parkway as part of their SIA.
652
CITY MANAGER' S REPORT PAGE 3
APRIL 10, 2023, CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS FROM RID FOR TRACTS 3994, 3995, 4015, 4016, 4020, 4021, 4030, 4031, 4060, 4111, AND ACCEPT RIP WITH
ASSOCIATED CONDITION
Table 3: Council A roval Dates and Resolutions
Council Approvai Guaranteed
Tract
Date
Resolution Number Portion of River
Islands Parkwa
3834
11/ 21/ 2016 16- 4158
From Somerston to
Villa e M Dell' Osso
3908
7 g 2018 18- 44Z6
From Dell' Osso to
Lar e Lot Sta e 2B boundar
4032
From Stage 2B
Large Lot
6/ 8/ 2020 20- 4739 boundary to Walera
Drive
To ensure that the unfinished improvements are completed, the bonds listed in Table 4 below will remain in place until all SIA requirements for Tract 3834, 3908, and 4032 are completed, inspected by staff, and deemed complete by the City Engineer. Upon completion the bonds will be released, and maintenance will begin.
Table 4: Bond Values and Numbers
Tract
Performance Bond Labor & Materials Bond Warranty Bond
Number/ Value Number/ Value Number/ Value
3834
Set- Aside Letter dated, April 23, 2018 for $ 52, 889
Villa e M
3908
Set- Aside Letter dated, June 26, 2018 for $ 450, 000
0799682/$ 526, 400
Lar e Lot 0757345/$ 1, 029, 300
4032 0757345/
0757345/$ 2, 985, 263
Lar e Lot 5 970, 525
REASON FOR RECOMMENDATION:
Staff has inspected the improvements listed in the GASB 34 Reports for the Tracts and confirmed that the improvements have been completed in accordance with City specifications and deemed complete by the City Engineer.
Construction of the public improvements for River Islands Parkway from Somerston Parkway to Walera Drive is substantially complete and have been inspected by City staff to ensure conformance with the approved plans.
Staff recommends City Council accept the completed Public Improvements for the Tracts and accept RIP from Somerston Parkway to Walera Drive, with the exception of a segment of RIP depicted in Attachment D", contingent upon the repair of the lake connect pipe between Lake 10 and 11.
RID has submitted lien releases and one- year maintenance bonds for the improvements being accepted.
653
CITY MANAGER' S REPORT PAGE 4
APRIL 10, 2023, CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS FROM RID FOR TRACTS 3994, 3995, 4015, 4016, 4020, 4021, 4030, 4031, 4060, 4111, AND ACCEPT RIP WITH
ASSOCIATED CONDITION
FISCAL IMPACT:
The City' s maintenance costs will increase because of the additional improvements that have to be maintained. The warranty bonds cover any repairs or replacements due to defective materials or workmanship for the completed improvements that become necessary during the one- year period, beginning with this acceptance. The City' s Service Maintenance CFD 2013- 1 has been established to fund City maintenance and operating costs.
ATTACH M ENTS:
A. Resolution to Accept Public Improvements from River Islands Development, LLC for Tracts 3994, 3995, 4015, 4016, 4020, 4021, 4030, 4031, 4060, 4111 and Accept River Islands Parkway with Associated Condition B. Vicinity Maps - Tracts and River Islands Parkway
C. GASB 34 Reports
D. Vicinity Map - Conditional Acceptance Vicinity Map for River Islands Parkway 654
CITY MANAGER' S REPORT PAGE 5
APRIL 10, 2023, CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS FROM RID FOR TRACTS 3994, 3995, 4015, 4016, 4020, 4021, 4030, 4031, 4060, 4111, AND ACCEPT RIP WITH
ASSOCIATED CONDITION
APPROVALS:
T22 3/ 3 0 23
Bellal Nabizadah Date
Assistant Engineer
03 -
Ken Reed Date
Senior Construction Manager
H 3 20 23
Brad T ylor Date
City Engineer
U/ 2 L I3 / ZDZ' 3
Cari James Date
Finance Director
3 • 30• Zoz3
Michael King Date
Assistant City Manager
O
z- Q 3
Salvador Navarrete Date
City Attorney
1+3
Step en J. Salvatore Date
City Manager
655
RESOLUTION NO. 23-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO ACCEPT
PUBLIC IMPROVEMENTS FROM RIVER ISLANDS DEVELOPMENT, LLC FOR TRACTS 3994, 3995, 4015, 4016, 4020, 4021, 4030, 4031, 4060, 4111, AN D
ACCEPT A PORTION OF RIVER ISLANDS PARKWAY WITH ASSOCIATED
CONDITION
WHEREAS, on March 27, 2007, the City Council approved Vesting Tentative Map ( VTM) 3694, and later amended VTM 3694 with updated Conditions of Approval COA) on June 1, 2015. The Tracts comply with the amended COA' s of VTM 3694; and
WHEREAS, required by the City' s subdivision ordinance, the final maps for the Tracts within the Villages included a Subdivision Improvement Agreement ( SIA) to guarantee public improvements. Completion of the public improvements listed in the GASB 34 reports fulfills the associated obligations of the SIAs. The Council approval dates & resolution numbers are detailed in Table 1 below; and Table 1: Council Approval Dates and Resolutions
Council Approval
Village Tract
Date
Resolution Number
3994 10/ 8/ 2018 18- 4461
T
3995 12/ 9/ 2019 19- 4661
4015 9/ 9/ 2019 19- 4627
W
4016 11/ 9/ 2020 20- 4810
X 4020 11/ 9/ 2020 20- 4811
4021 5/ 11/ 2020 20- 4720
4030 5/ 10/ 2021 21- 4874
S 4031 8/ 9/ 2021 21- 4934
4060 1/ 11/ 2021 21- 4829
4111 12/ 13/ 2021 21- 5008
WHEREAS, the Performance and Labor & Materials Bonds will be released and replaced with the Warranty Bonds upon acceptance of the improvements. The bond values and numbers are detailed in Table 2 below; and
656
Table 2: Bond Values and Numbers
Village Tract
Performance Bond Labor & Materials Warranty Bond
Number/ Value Bond Number/ Value Number/ Value
3994 0757337/$ 560, 904 0757337/$ 280, 452
T 0757337/$ 232, 500
3995 0757337/$ 560, 904 0757337/$ 280, 452
4015 0757331/$ 136, 866 0757331/$ 68, 433
W 0757331/$ 202, 566
4016 0757331/$ 136, 866 0757331/$ 68, 433
X 4020 0757350/$ 3, 401, 448 0757350/$ 1, 700, 724 0757350/$ 432, 854 4021 0757341/$ 4, 602, 505 0757341/$ 2, 301, 253
4030 0757341/$ 4, 602, 505 0757341/$ 2, 301, 253
0757341/$ 460, 251
S 4031 0757341/$ 4, 602, 505 0757341/$ 2, 301, 253
4060 0757341/$ 4, 602, 505 0757341/$ 2, 301, 253
4111 0757341/$ 4, 602, 505 0757341/$ 2, 301, 253
WHEREAS, Table 3 below details the Tracts that required the construction of River Islands Parkway as part of their SIA; and
Table 3: Council Approval Dates and Resolutions
Council Approval
Guaranteed
Tract
Date
Resolution Number Portion of River
Islands Parkway
3834
11/ 21/ 2016 16- 4158
From Somerston to
Village M Dell' Osso
3908
7 9/ 2018 18- 4426
From Dell' Osso to
Large Lot Stage zB boundary
4032
From Stage 2B
Large Lot
6/ 8/ ZOZO ZO- 4739 boundary to Walera
Drive
WHEREAS, to ensure that the unfinished improvements are completed, the bonds listed in Table 4 below will remain in place until all SIA requirements for Tract 3834, 3908, and 4032 are completed, inspected by staff, and deemed complete by the City Engineer. Upon completion the bonds will be released, and maintenance will begin; and
657
Table 4: Bond Values and Numbers
Tract
Performance Bond Labor & Materiais Bond Warranty Bond
Number/ Value Number/ Value Number/ Value
3834
Village M
Set- Aside Letter dated, April 23, 2018 for $ 52, 889
3908 0799682/$ 526, 400
Large Lot
Set- Aside Letter dated, June 26, 2018 for $ 450, 000
0757345/$ 1, 029, 300
4032 0757345/
0757345/$ 2, 985, 263
Large Lot 5, 970, 525
WHEREAS, staff has inspected the improvements listed in the GASB 34 Reports for the Tracts and confirmed that the improvements have been completed in accordance with City specifications and deemed complete by the City Engineer; and WHEREAS, construction of the public improvements for portion of River Islands Parkway ( RIP) from Somerston Parkway to Walera Drive is substantially complete and have been inspected by City staff to ensure conformance with the approved plans; and
WHEREAS, staff recommends City Council accept the completed Public Improvements for the Tracts and accept RIP from Somerston Parkway to Walera Drive, with the exception of a segment of RIP depicted in Attachment " D" of the City Manager' s Report, contingent upon the repair of the lake connect pipe between Lake 10 and 11; and
WHEREAS, RID has submitted lien releases for the improvements being accepted, one- year warranty bonds, and as- built drawings for said improvements; and
WHEREAS, the City' s maintenance costs will increase because of the additional improvements that have to be maintained. The warranty bonds cover any repairs or replacements due to defective materials or workmanship for the completed improvements that become necessary during the one- year period, beginning with this acceptance. The City' s Service Maintenance CFD 2013- 1 has been established to fund City maintenance and operating costs.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop accepts the above detailed public improvements from River Islands Development, LLC for Tracts 3994, 3995, 4015, 4016, 4020, 4021, 4030, 4031, 4060, 4111, and accepts River Islands Parkway from Somerston Parkway to Walera Drive, with the exception of a segment of RIP depicted in Attachment " D" of the City Manager' s Report, contingent upon the repair of the lake connect pipe between Lake 10 and 11.
658
The foregoing resolution was passed and adopted this 10th day of April 2023, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS T FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 659
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ATTACHMENT
CITY OF LATHROP
PROJECT ACCEPTANCE
GASB 34 REPORT)
Submitted by: Date: 3/ 23/ 2023
Tract No.: River Islands Village T- Tract 3994( 51 Lots) Item Unit Unit Price Amount
3" ACPaving SF 31, 400 $ 1. 50 $ 47, 100. 00
4. 5" AC Paving SF 118, 200 $ 2. 25 $ 265, 950. 00
4" Aggregate Base SF 149, 600 $ 0. 60 $ 89, 760. 00
Vertical Curb and Gutter( with AB cushion) LF 3, 960 $ 15. 00 $ 59, 400. 00 Rolled Curb and Gutter( with aB cushion) LF 4, 800 $ 15. 00 $ 72, 000. 00 Concrete Sidewalk SF 43, 500 $ 5. 00 $ 217, 500. 00
Driveway Approach EA 51 $ 600. 00 $ 30, 600. 00
Handicap Ramps EA 19 $ 2, 500. 00 $ 47, 500. 00
Survey Monuments EA 13 $ 300. 00 $ 3, 900. 00
Traffic Striping& Signage LF 4, 560 $ 5. 00 $ 22, 800. 00 CatchBasins( rypeAinlet) EA 26 $ 2, 400. 00 $ 62, 400. 00 Catch Basins( type A in/et overtype I manhole base) EA 7 $ 2, 800. 00 $ 19, 600. 00 Catch Basins( type A inlet overtype II manhole base) EA 7 $ 5, 000. 00 $ 35, 000. 00 Field Inlet EA 2 $ 1, 200. 00 $ 2, 400. 00
15" Storm Drain Pipe LF 1, 320 $ 34. 00 $ 44, 880. 00
18" Storm Drain Pipe LF 1, 120 $ 46. 00 $ 51, 520. 00
24" Storm Drain Pipe LF 640 $ 65. 00 $ 41, 600. 00
30" Storm Drain Pipe LF 260 $ 80. 00 $ 20, 800. 00
36" Storm Drain Pipe LF 520 $ 95. 00 $ 49, 400. 00
42" Storm Drain Pipe LF 240 $ 120. 00 $ 28, 800. 00
Manholes( rype I) EA 4 $ 3, 000. 00 $ 12, 000. 00
8" Sanitary Sewer Pipe LF 3, 600 $ 28. 00 $ 100, 800. 00 Manholes EA 15 $ 4, 000. 00 $ 60, 000. 00
4" Sewer Service EA 50 $ 600. 00 $ 30, 000. 00
Plug& Stub EA 1 $ 1, 000. 00 $ 1, 000. 00
8" Water Line( including all appurtenances) LF 4, 640 $ 32. 00 $ 148, 480. 00 1- 1/ 2" Water Service EA 50 $ 2, 000. 00 $ 100, 000. 00 Fire Hydrants EA 9 $ 4, 000. 00 $ 36, 000. 00
Blow Off Valve EA 5 $ 4, 000. 00 $ 20, 000. 00
Air Release Valve EA 2 $ 2, 500. 00 $ 5, 000. 00
Resilent Valve EA 31 $ 1, 550. 00 $ 48, 050. 00
Water Plug& Stub EA 1 $ 1, 000. 00 $ 1, 000. 00
Civil Engineering/ Design LS 1 $ 33, 670. 00 $ 33, 670. 00 Surveying/ Staking LS 1 $ 36, 720. 00 $ 36, 720. 00
Joint Trench/ Utilities LS 1 $ 25, 500. 00 $ 25, 500. 00 Plan Check and Inspection Fees LS 1 $ 106, 925. 51 $ 106, 925. 51 Total $ 1, 978, 000. 00
T. 25500- Rlver Islands Phase 1A Estimates\ GASB 34 Reports\ Stage 2A\Village 11Village T- Tract 3994. x1s 664
CITY OF LATHROP
PROJECT ACCEPTANCE
GASB 34 REPORT)
Submitted by: Date: 3/ 23/ 2023
Tract No.: River Islands Village T- Tract 3995( 52 Lots) Item Unit Unit Price Amount
Driveway Approach EA 52 $ 600. 00 $ 31, 200. 00
4" Sewer Service EA 52 $ 600. 00 $ 31, 200. 00
1- 1/ 2" Water Service EA 52 $ 2, 000. 00 $ 104, 000. 00 Civil Engineering/ Design LS 1 $ 34, 330. 00 $ 34, 330. 00 Surveying/ Staking LS 1 $ 37, 440. 00 $ 37, 440. 00
Joint Trench/ Utilities LS 1 $ 26, 000. 00 $ 26, 000. 00 Plan Check and Inspection Fees LS 1 $ 109, 022. 09 $ 109, 022. 09 Total $ 373, 000. 00
T: 25500- River Islands Phase 1A\ Estimates\ GASB 34 RepoRSW^ tage 2A\ Village T1Village T- TraM 3995. xis 665
CITY OF LATHROP
PROJECT ACCEPTANCE
GASB 34 REPORT)
Submitted by: Date: 3/ 23/ 2023
Tract No.: River Islands Village W- Tract 4015( 44 Lots) Item Unit Q! Unit Price Amount
3" AC Paving SF 52, 800 $ 1. 50 $ 79, 200.00
4. 5" AC Paving SF 65, 600 $ 2. 25 $ 147,600. 00
6" Aggregate Base SF 21, 800 $ 0. 90 $ 19, 620. 00
7" AggregateBase SF 31, 100 $ 1. 05 $ 32, 655. 00
8" Aggregate Base SF 65, 600 $ 1. 20 $ 78, 720. 00
Vertical Curb and Gutter( with AB cushion) LF 2, 590 $ 15. 00 $ 38, 850. 00 Rolled Curb and Gutter( with AB cushion) LF 4, 040 $ 15. 00 $ 60, 600. 00 Concrete Sidewalk SF 33, 750 $ 5. 00 $ 168, 750. 00
Driveway Approach EA 44 $ 600. 00 $ 26, 400. 00
Handicap Ramps EA 12 $ 2, 500. 00 $ 30, 000.00
Survey Monuments EA 16 $ 300.00 $ 4, 800.00
Traffic Striping& Signage LF 3, 420 $ 5. 00 $ 17, 100. 00 Catch Basins( type A inlet) EA 19 $ 2, 400. 00 $ 45, 600.00 Catch Basins( type A inlet over type 1 manhole base) EA 2 $ 2, 800. 00 $ 5, 600.00 Catch Basins( type A inlet over type lI manhole base) EA 2 $ 5, 000. 00 $ 10, 000.00 15" Storm Drain Pipe LF 1, 030 $ 34. 00 $ 35, 020.00
18" Storm Drain Pipe LF 380 $ 46.00 $ 17, 480. 00
24" Storm Drain Pipe LF 490 $ 65. 00 $ 31, 850. 00
36" Storm Drain Pipe LF 200 $ 95.00 $ 19, 000.00
42" Storm Drain Pipe LF 400 $ 120. 00 $ 48, 000. 00
Manholes( type q EA 3 $ 3, 000. 00 $ 9, 000.00
Manholes( rype Iq EA 1 $ 5, 000. 00 $ 5, 000. 00
8" Sanitary Sewer Pipe LF 3, 130 $ 28.00 $ 87, 640.00
Manholes( rype q EA 13 $ 4, 000. 00 $ 52, 000.00
Manholes( droprtrunk) EA 1 $ 6, 000. 00 $ 6, 000.00
4" Sewer Service EA 44 $ 600. 00 $ 26,400. 00
8" Water Line( includingallappurtenances) LF 2, 920 $ 32.00 $ 93, 440. 00 10" Water Line( including all appurtenances) EA 590 $ 40.00 $ 23,600. 00 1- 1/ 2" WaterService EA 44 $ 2, 000. 00 $ 88, 000. 00
Fire Hydrants EA 6 $ 4, 000. 00 $ 24,000. 00
Blow Off Valve EA 8 $ 4, 000. 00 $ 32, 000. 00
Air Release Valve EA 6 $ 2, 500. 00 $ 15, 000. 00
8" Resilent Valve EA 14 $ 1, 550. 00 $ 21, 700. 00
10" Resilent Vaive EA 4 $ 2, 500.00 $ 10, 000. 00
Civil Engineering/ Design LS 1 $ 28,642.00 $ 28,642. 00 Surveying/ Staking LS 1 $ 31, 680.00 $ 31, 680. 00
Joint Trench/ Utilities LS 1 $ 22, 000.00 $ 22, 000. 00 Plan Check and Inspection Fees LS 1 $ 77, 551. 43 $ 77, 551. 43 Total $ 1, 570, 000. 00
T:\ 25500- River Islands Phase 1A\ Estima es\ GASB 34 Reports\ Stage 2A\Village NAVllage W- Tract 4015. x1s 666
CITY OF LATHROP
PROJECT ACCEPTANCE
GASB 34 REPORT)
Submitted by: Date: 3/ 23/ 2023
Tract No.: River Islands Village W- Tract 4016( 62 Lots) Item Unit Unit Price Amount
3" AC Paving SF 28,700 $ 1. 50 $ 43, 050. 00
6" Aggregate Base SF 11, 400 $ 0. 90 $ 10, 260. 00
7" Aggregate Base SF 17, 400 $ 1. 05 $ 18, 270. 00
Vertical Curb and Gutter( with AB cushion) LF 100 $ 15. 00 $ 1, 500. 00 Rolled Curb and Gutter( with AB cushion) LF 1, 530 $ 15. 00 $ 22, 950. 00 Concrete Sidewalk SF 7, 350 $ 5. 00 $ 36, 750.00
Driveway Approach EA 62 $ 600. 00 $ 37, 200.00
Survey Monuments EA 5 $ 300. 00 $ 1, 500.00
Traffic Striping& Signage LF 680 $ 5. 00 $ 3, 400. 00
Catch Basins( type A inlet) EA 6 $ 2,400. 00 $ 14, 400.00 15" Storm Drain Pipe LF 490 $ 34.00 $ 16, 660.00
18" Storm Drain Pipe LF 30 $ 46.00 $ 1, 380.00
8" Sanitary Sewer Pipe LF 670 $ 28. 00 $ 18, 760.00
Manholes( type 1) EA 3 $ 4, 000. 00 $ 12, 000. 00
4" Sewer Service EA 60 $ 600. 00 $ 36, 000.00
8" Water Line( including all appurtenances) LF 730 $ 32.00 $ 23, 360.00 1- 1/ 2" WaterService EA 60 $ 2, 000. 00 $ 120, 000.00
3" Water Service EA 1 $ 2, 000. 00 $ 2, 000.00
Fire Hydrants EA 2 $ 4, 000. 00 $ 8, 000. 00
Blow Off Valve EA 4 $ 4, 000. 00 $ 16, 000. 00
Air Release Valve EA 2 $ 2, 500. 00 $ 5, 000. 00
8" Resilent Valve EA 1 $ 1, 550. 00 $ 1, 550. 00
8" Non- Potable Water Line( including all appurtenances) LF 470 $ 35. 00 $ 16,450. 00 3" Non- Potable Water Service EA 1 $ 2, 000. 00 $ 2, 000. 00 Blow Off Valve EA 1 $ 4, 000.00 $ 4, 000. 00
Resilent Valve EA 1 $ 1, 550. 00 $ 1, 550. 00
Civil Engineering/ Design LS 1 $ 40, 358. 00 $ 40, 358. 00 Surveying/ Staking LS 1 $ 44,640. 00 $ 44,640. 00
JointTrench/ Utilities LS 1 $ 31, 000. 00 $ 31, 000. 00 Plan Check and Inspection Fees LS 1 $ 109, 277. 01 $ 109, 277. 01 Total $ 699,000. 00
T:\ 25500- River Islands Phase 1A\ Estimates\ GA58 34 Reports\ Stage 2A\ Vllage VNVillage W- Tract 4016. x1s 667
CITY OF LATHROP
PROJECT ACCEPTANCE
GASB 34 REPORT)
Submitted by: Date: 3/ 22/ 2023
Tract No.: River Islands Village X- Tract 4020( 57 Lots) Item Unit Unit Price Amount
3" AC Paving SF 73, 500 $ 1. 50 $ 110, 250. 00
4. 5" AC Paving SF 35, 500 $ 2. 25 $ 79, 875. 00
6" Aggregate Base SF 34, 300 $ 0. 90 $ 30, 870. 00
7" Aggregate Base SF 39, 200 $ 1. 05 $ 41, 160.00
8" Aggregate Base SF 35, 500 $ 120 $ 42, 600. 00
Vertical Curb and Gutter( with AB cushion) LF 1, 960 $ 15. 00 $ 29, 400. 00 Rolled Curb and Gutter( with AB cushion) LF 4, 330 $ 15. 00 $ 64, 950. 00 Concrete Sidewalk SF 26, 900 $ 5. 00 $ 134, 500. 00
Driveway Approach EA 57 $ 600.00 $ 34, 200. 00
Handicap Ramps EA 8 $ 2, 500.00 $ 20, 000. 00
Survey Monuments EA 16 $ 300.00 $ 4, 800. 00
Traffic Striping& Signage LF 3, 100 $ 5. 00 $ 15, 500. 00 Catch Basins( type A inlet) EA 11 $ 2, 400.00 $ 26, 400. 00 Caich Basins( type A inlet over type 1 manhole base) EA 8 $ 2, 800.00 $ 22, 400. 00 Catch Basins( type A inlet over type ll manhole base) EA 2 $ 5, 000.00 $ 10, 000. 00 Field Inlet EA 1 $ 1, 200.00 $ 1, 200. 00
15" Storm Drain Pipe LF 490 $ 34. 00 $ 16, 660. 00
18" Storm Drain Pipe LF 660 $ 46.00 $ 30, 360. 00
24" Storm Drain Pipe LF 650 $ 65. 00 $ 42, 250. 00
30" Storm Drain Pipe LF 270 $ 80. 00 $ 21, 600. 00
36" Storm Drain Pipe LF 160 $ 95. 00 $ 15, 200. 00
Manholes( type q EA 2 $ 3, 000.00 $ 6, 000. 00
8" Sanitary Sewer Pipe LF 3, 100 $ 28.00 $ 86, 800. 00
4" Sewer Service EA 59 $ 600.00 $ 35, 400. 00
Manholes( rype 1) EA 12 $ 4, 000. 00 $ 48,000. 00
8" Water Line( includingallappurtenances) LF 3, 170 $ 32. 00 $ 101, 440. 00 1" Water Service EA 1 $ 800.00 $ 800. 00
1- 1/ 2" Water Service EA 57 $ 2, 000.00 $ 114, 000. 00 2" Water Service EA 2 $ 2, 000.00 $ 4, 000. 00
3" Water Service EA 1 $ 2, 000.00 $ 2, 000. 00
Fire Hydrants EA 8 $ 4, 000. 00 $ 32, 000.00
Water Sampling Station EA 1 $ 3, 000. 00 $ 3, 000. 00
Blow Off Valve EA 5 $ 4, 000. 00 $ 20, 000. 00
Air Release Valve EA 2 $ 2, 500. 00 $ 5, 000. 00
Resilent Valve EA 15 $ 1, 550. 00 $ 23, 250. 00
8" Non- Potable Water Line( including all appurtenances) LF 920 $ 35. 00 $ 16, 450. 00 3" Non- Potable Water Service EA 1 $ 2, 000. 00 $ 2, 000.00 Blow Off Valve EA 1 $ 4, 000.00 $ 4, 000.00
Air Release Valve EA 1 $ 2, 500. 00 $ 2, 500.00
ResilentValve EA 1 $ 1, 550. 00 $ 1, 550. 00
Civil Engineering/ Design LS 1 $ 37, 000. 00 $ 37, 000. 00 Surveying/ Staking LS 1 $ 40, 320. 00 $ 40,320. 00
Joint Trench/ Utilities LS 1 $ 28, 500.00 $ 28, 500. 00 Plan Check and Inspection Fees LS 1 $ 132, 938. 82 $ 132, 938. 82 Total $ 1, 541, 000. 00
T: 25500- River Islantls Phase 1A\ Es[ima[ es\ GASB 34 Reports\ Stage 2A\ Vllage X\Village X- Trac[ 4020. x1s 668
CITY OF LATHROP
PROJECT ACCEPTANCE
GASB 34 REPORT)
Submitted by: Date: 3/ 24/ 2023
Tract No.: River Islands Village S- Tract 4021 ( 44 Lots) Item Unit Qt Unit Price Amount
3" AC Paving SF 29, 900 $ 1. 50 $ 44, 850. 00
4. 5" AC Paving SF 71, 600 $ 2. 25 $ 161, 100. 00
6" Aggregate Base SF 13, 900 $ 0. 90 $ 12, 510. 00
7" Aggregate Base SF 16, 000 $ 1. 05 $ 16, 800. 00
8" Aggregate Base SF 71, 600 $ 1. 20 $ 85, 920. 00
Vertical Curb and Gutter( with AB cushion) LF 1, 700 $ 15. 00 $ 25, 500. 00 Rolled Curb and Gutter( with AB cushion) LF 4, 040 $ 15. 00 $ 60, 600. 00 Concrete Sidewalk SF 32, 500 $ 5. 00 $ 162,500. 00
DrivewayApproach EA 36 $ 600. 00 $ 21, 600. 00
Handicap Ramps EA 10 $ 2, 500. 00 $ 25,000. 00
Survey Monuments EA 12 $ 300. 00 $ 3, 600. 00
Traffic Striping& Signage LF 2, 850 $ 5. 00 $ 14, 250. 00 Catch Basins( type A inlet over type 1 manhole base) EA 4 $ 2, 800.00 $ 11, 200.00 Catch Basins( type A inlet over type ll manhole base) EA 1 $ 5, 000. 00 $ 5, 000. 00 Field Inlet( type C inlet ove type l manhole base) EA 20 $ 2, 800.00 $ 56, 000. 00 Field Inlet( type C inlet over type 11 manhole base) EA 2 $ 5, 000.00 $ 10, 000. 00 15" Storm Drain Pipe LF 2, 260 $ 18. 00 $ 40, 680.00
18" Storm Drain Pipe LF 710 $ 20.00 $ 14, 200. 00
24" Storm Drain Pipe LF 770 $ 31. 00 $ 23, 870. 00
30" Storm Drain Pipe LF 770 $ 45. 00 $ 34, 650. 00
36" Storm Drain Pipe LF 290 $ 55. 00 $ 15, 950. 00
Manholes( rype q EA 2 $ 3, 000. 00 $ 6, 000. 00
Manholes( type ll) EA 5 $ 5, 000. 00 $ 25, 000. 00
8" Sanitary Sewer Pipe LF 3, 430 $ 28. 00 $ 96, 040. 00 Manholes( type I) EA 12 $ 4, 000.00 $ 48, 000. 00
Cleanouts EA 47 $ 500. 00 $ 23, 500. 00
4" Sewer Service Lateral EA 1 $ 600. 00 $ 600. 00
6" Sewer Service Line EA 11 $ 1, 000. 00 $ 11, 000. 00
8" Water Line( includingallappurtenances) LF 3, 820 $ 32. 00 $ 122, 240. 00 Water Service( one 2" waterservice and one watermanifold with( wo 1" watermetersforeachpod) EA 72 $ 2, 000.00 $ 144, 000. 00 2" Water Service EA 1 $ 2, 000. 00 $ 2, 000. 00
Fire Hydrants EA 10 $ 4, 000. 00 $ 40, 000. 00
Blow Off Valve EA 1 $ 4, 000. 00 $ 4, 000. 00
Air Release Valve EA 1 $ 2, 500. 00 $ 2, 500. 00
8" Resilent Valve EA 18 $ 1, 550. 00 $ 27, 900. 00
Civil Engineering/ Design LS 1 $ 63, 385. 00 $ 63,385. 00 Surveying/ Staking LS 1 $ 26, 462. 00 $ 26, 462. 00
Joint Trench/ Utilities LS 1 $ 25, 846. 00 $ 25, 846. 00 Plan Check and Inspection Fees LS 1 $ 23, 925. 62 $ 23, 925. 62 Total $ 7, 538, 000. 00
T:\ 25500- River Islands Phase tA\Estimates\ GASB 34 Reports\ Stage 2A\ Vllage 5\Vllage S- Trect 4021. x1s 669
CITY OF LATHROP
PROJECT ACCEPTANCE
GASB 34 REPORT)
Submitted by: Date: 3/ 24/ 2023
Tract No.: River Islands Village S- Tract 4030( 43 Lots) Item Unit Unit Price Amount
Cleanouts EA 11 $ 500. 00 $ 5, 500. 00
6" Sewer Service Line EA 11 $ 1, 000. 00 $ 11, 000. 00
Civil Engineering/ Design LS 1 $ 61, 944. 00 $ 61, 944. 00 Surveying/ Staking LS 1 $ 25, 860. 00 $ 25, 860. 00
Joint Trench/ Utilities LS 1 $ 25,259. 00 $ 25, 259. 00 Plan Check and Inspection Fees LS 1 $ 23, 381. 85 $ 23, 381. 85 Total $ 153, 000. 00
T:\ 25500- River Islands Phase 1A\ EsAmates\ GASB 34 Reports\ Stage 2A\ Vllage S\ Ilage S- Tract 4030. x1s 670
CITY OF LATHROP
PROJECT ACCEPTANCE
GASB 34 REPORT)
Submitted by: Date: 3/ 24/ 2023
Tract No.: River Islands Village S- Tract 4031 ( 48 Lots) Item Unit Unit Price Amount
Cleanouts EA 12 $ 500. 00 $ 6, 000. 00
6" Sewer Service Line EA 12 $ 1, 000. 00 $ 12, 000. 00
Civil Engineering/ Design LS 1 $ 69, 147. 00 $ 69, 147. 00 Surveying/ Staking LS 1 $ 28, 867. 00 $ 28,867. 00
JointTrench/ Utilities LS 1 $ 28, 196. 00 $ 28, 196. 00 Plan Check and Inspection Fees LS 1 $ 26, 100. 68 $ 26, 100. 68 Total $ 170,000. 00
T:\ 25500- River Islands Phase 1A\ Estimates\ GASB 34 Reports\ Stage 2A1VIlage S\ Village 5- Tract 4031. x1s 671
CITY OF LATHROP
PROJECT ACCEPTANCE
GASB 34 REPORT)
Submitted by: Date: 3/ 24/ 2023
Tract No.: River Islands Village S- Tract 4111 ( 8 Lots) Item Unit Q Unit Price Amount
Cleanouts EA 2 $ 500. 00 $ 1, 000. 00
6" Sewer Service Line EA 2 $ 1, 000. 00 $ 2, 000. 00
Civil Engineering/ Design LS 1 $ 11, 524. 00 $ 11, 524. 00 Surveying/ Staking LS 1 $ 4, 811. 00 $ 4, 811. 00
Joint Trench/ Utilities LS 1 $ 4, 699. 00 $ 4, 699. 00
Plan Check and Inspection Fees LS 1 $ 4, 350. 11 $ 4, 350. 11 Total $ 28, 000. 00
T125500- River Islands Phase 1A\ EstlmateslGASB 34 ReportslS[ age 2A\ Village S\ Village S- Tract 4111. z1s 672
CITY OF LATHROP
PROJECT ACCEPTANCE
GASB 34 REPORT)
Submitted by: Date: 3/ 23/ 2023
Tract No.: River Islands- River Islands Parkway( From Somerston Parkway to Walera Drive) Item Unit Unit Price Amount
Phase 1 B( Somerston Parkway to Dell' Osso Drive)
5. 5" AC Paving SF 166, 920 $ 2. 75 $ 459, 030. 00
19" Aggregate Base SF 166, 920 $ 2. 85 $ 475,722.00
Vertical Curb and Gutter ( with AB cushion) LF 4, 110 $ 15. 00 $ 61, 650.00 Type F Median Curb( with AB cushion) LF 4, 040 $ 18. 00 $ 72, 720. 00 Concrete Sidewalk SF 33, 700 $ 5. 00 $ 168, 500.00
Handicap Ramps EA 6 $ 2, 500. 00 $ 15, 000. 00
Survey Monuments EA 2 $ 300. 00 $ 600. 00
Traffic Striping& Signage LF 2, 250 $ 5. 00 $ 11, 250.00 Bus Stops LS 1 10, 000 $ 10, 000. 00
Catch Basins( typeAin/et) EA 3 $ 2, 400.00 $ 7, 200.00
Catch Basins( type A in/et over type 1 manho/e base) EA 5 $ 2, 800. 00 $ 14, 000. 00 Catch Basins( type C inlef over type 1 manho/ e base) EA 1 $ 2, 400. 00 $ 2, 400. 00 Catch Basins( rype C in/ et over type ll manhole base) EA 1 $ 5, 000. 00 $ 5, 000. 00 15" Storm Drain Pipe LF 1, 060 $ 34. 00 $ 36, 040. 00
18" Storm Drain Pipe LF 430 $ 46. 00 $ 19, 780.00
24" Storm Drain Pipe LF 370 $ 65. 00 $ 24, 050. 00
30" Storm Drain Pipe LF 110 $ 80. 00 $ 8, 800. 00
36" Storm Drain Pipe LF 180 $ 95. 00 $ 17, 100. 00
Manholes( type I) EA 1 $ 3, 000. 00 $ 3, 000. 00
Manholes( rype Ip EA 1 $ 5, 000. 00 $ 5, 000. 00
8" Sanitary Sewer Pipe LF 230 $ 28. 00 $ 6, 440. 00
12" Sanitary Sewer Pipe LF 120 $ 42.00 $ 5, 040.00
30" Sanitary Sewer Pipe LF 2, 250 $ 180. 00 $ 405, 000. 00 Manholes( type 1) EA 7 $ 4, 000. 00 $ 28, 000. 00
8" Water Line( inc/ uding all appurtenances) LF 240 $ 32. 00 $ 7, 680. 00 20" Water Line( including all appurtenances) LF 2, 310 $ 100. 00 $ 231, 000. 00 2" Water Service EA 3 $ 2, 000. 00 $ 6, 000. 00
3" Water Service EA 1 $ 3, 000. 00 $ 3, 000. 00
4" Water Service EA 1 $ 4, 000.00 $ 4, 000. 00
Fire Hydrants EA 5 $ 4, 000. 00 $ 20, 000. 00
Blow Off Valve EA 5 $ 4, 000.00 $ 20, 000. 00
Air Release Valve EA 4 $ 2, 500. 00 $ 10, 000. 00
ResilientValve EA 4 $ 1, 550. 00 $ 6, 200. 00
Butterfly Valve EA 6 $ 2, 500.00 $ 15, 000.00
12" Non- Potable Water Line( including all appurtenances) LF 2, 310 $ 60. 00 $ 138,600. 00 1 1/ 2" NPW Service EA 1 $ 2, 000.00 $ 2, 000. 00
2" NPW Service EA 3 $ 2, 000.00 $ 6, 000. 00
4" NPW Service EA 1 $ 2, 000. 00 $ 2, 000.00
Blow Off Valve EA 7 $ 4, 000. 00 $ 28, 000. 00
Air Release Valve EA 7 $ 2, 500. 00 $ 17, 500. 00
Buttertly Valve EA 4 $ 4, 000. 00 $ 16, 000. 00
12" Recycled Water Line( including all appurtenances) LF 2, 310 $ 55. 00 $ 127, 050.00 Blow Off Valve EA 5 $ 4, 000.00 $ 20, 000.00
Air Release Valve EA 5 $ 2, 500. 00 $ 12, 500.00
Butterfly Valve EA 5 $ 4, 000. 00 $ 20, 000.00
14" Lake Fill Line( inc/ uding all appurtenances) LF 420 $ 35.00 $ 14, 700. 00 3" Aeration Line( including all appurtenances) LF 420 $ 4. 00 $ 1, 680. 00 Subtotal $ 2, 590,232. 00
673
Stage 2A( Dell' Osso Drive to Aquarius Avenue/ Norbeck Street) 7" ACPaving SF 317,500 $ 3. 50 $ 1, 111, 250.00
11" Aggregate Base SF 299, 200 $ 1. 65 $ 493, 680. 00
13" Aggregate Base SF 18, 400 $ 1. 95 $ 35, 880.00
12" Lime Treatment SF 299, 200 $ 1. 10 $ 329, 120.00
Vertical Curb and Gutter( with AB cushion) LF 9,600 $ 15. 00 $ 144,000.00 Type F Median Curb( with AB cushion) LF 9, 100 $ 18. 00 $ 163, 800. 00 Roundabout Concrete SF 2,400 $ 5. 00 $ 12,000.00
Bus Stap EA 3 $ 10, 000. 00 $ 30, 000. 00
Concrete Sidewalk SF 77, 400 $ 5. 00 $ 387, 000. 00
Handicap Ramps EA 20 $ 2, 500.00 $ 50, 000.00
Survey Monuments EA 7 $ 300. 00 $ 2, 100. 00
Traffic Striping& Signing LF 4, 710 $ 5. 00 $ 23, 550. 00 Catch Basins( type A in/et) EA 24 $ 2, 400. 00 $ 57, 600. 00 15" Storm Drain Pipe LF 1, 110 $ 34. 00 $ 37, 740. 00
18" Storm Drain Pipe LF 220 $ 46. 00 $ 10, 120. 00
24" Storm Drain Pipe LF 780 $ 65. 00 $ 50, 700. 00
8" Sanitary Sewer Pipe LF 340 $ 28. 00 $ 9, 520. 00
12" Sanitary Sewer Pipe LF 1, 610 $ 42. 00 $ 67, 620. 00 15" Sanitary Sewer Pipe LF 710 $ 60. 00 $ 42, 600.00
18" Sanitary Sewer Pipe LF 1, 120 $ 80. 00 $ 89, 600. 00 24" Sanitary Sewer Pipe LF 390 $ 150. 00 $ 58, 500. 00
30" Sanitary Sewer Pipe LF 4, 490 $ 180. 00 $ 808,200.00 Manholes( Trunk) EA 24 $ 4, 000. 00 $ 96, 000. 00
8" Water Line( inc/ uding all appurtenances) LF 740 $ 32. 00 $ 23, 680.00 10" Water Line( including all appurtenances) LF 280 $ 40. 00 $ 11, 200. 00 20" Water Line( including all appurtenances) LF 4, 630 $ 100. 00 $ 463, 000. 00 Fire Hydrants EA 16 $ 4, 000. 00 $ 64, 000. 00
2" Water Service EA 1 $ 2, 000. 00 $ 2, 000.00
3" Water Service EA 1 $ 2, 000. 00 $ 2, 000.00
4" Water Service EA 4 $ 3, 000.00 $ 12, 000. 00
Air Release Valve EA 1 $ 2, 500.00 $ 2, 500. 00
Blow Off Valve EA 15 $ 4, 000.00 $ 60, 000. 00
20" Butterfly Valve EA 11 $ 5, 250. 00 $ 57, 750. 00
8" Recycled Water Flushing Line( including alI appurtenances) LF 80 $ 45. 00 $ 3, 600.00 12" Recycled Water Drain Line( inc/uding all appurtenances) LF 150 $ 55. 00 $ 8, 250. 00 16" Recycled Water Line( including all appurtenances) LF 4, 650 $ 65. 00 $ 302, 250. 00 Butterfly Valve EA 5 $ 4, 000.00 $ 20, 000. 00
8" Non- Potable Water Line( inc/ uding all appurtenances) LF 650 $ 35. 00 $ 22, 750.00 16" Non- Potable Water Line( inc/uding all appurtenances) LF 4, 660 $ 80. 00 $ 372, 800. 00 2" Non- Potable Water Service EA 1 $ 2, 000. 00 $ 2, 000. 00 3" Non- Potable Water Service EA 1 $ 2, 000. 00 $ 2, 000. 00 4" Non- Potable Water Service EA 4 $ 3, 000. 00 $ 12, 000. 00 Blow Off Valve EA 7 $ 4, 000. 00 $ 28, 000. 00
16" Buttertly Valve EA 2 $ 4, 000. 00 $ 8, 000. 00
16" Lake Fill Line( including al/ appurtenances) LF 4, 820 $ 50. 00 $ 241, 000. 00 3" Aeration Line( including all appurtenances) LF 4, 820 $ 4. 00 $ 19, 280. 00 Air Release Valve EA 1 $ 2, 500. 00 $ 2, 500. 00
Blow Off Valve EA 2 $ 4, 000. 00 $ 8, 000. 00
Buttertly Valve EA 4 $ 4, 000. 00 $ 16, 000. 00
Subtotal $ 5, 877, 140.00
674
Stage 2B( Aquarius Avenue/ Norbeck Street to Walera Drive) 7„ AC Paving SF 261, 400 $ 3. 50 $ 914, 900. 00
13" Aggregate Base SF 261, 400 $ 1. 95 $ 509, 730. 00
12" Lime Treatment SF 261, 400 $ 1. 10 $ 287, 540.00
Vertical Curb and Gutter ( with AB cushion) LF 7, 800 $ 15. 00 $ 117, 000. 00 Type F Median Curb( withAB cushion) LF 7, 300 $ 18. 00 $ 131, 400.00 Concrete Sidewalk SF 62, 720 $ 5. 00 $ 313, 600. 00
Handicap Ramps EA 13 $ 2, 500.00 $ 32, 500. 00
Survey Monuments EA 7 $ 300. 00 $ 2, 100. 00
Traffic Striping& Signing LF 4, 000 $ 5. 00 $ 20, 000. 00 Catch Basins( typeAin/et) EA 10 $ 2, 400. 00 $ 24, 000. 00 CatchBasins( typeAin/ etovertype/ manho/ebase) EA 4 $ 2, 800. 00 $ 11, 200. 00 CatchBasins( typeAin/ etovertypelllmanholebase) EA 2 $ 7, 500.00 $ 15, 000. 00 15" Storm Drain Pipe LF 730 $ 34. 00 $ 24, 820. 00
18" Storm Drain Pipe LF 390 $ 46. 00 $ 17, 940. 00
24" Storm Drain Pipe LF 170 $ 65. 00 $ 11, 050. 00
60" Storm Drain Pipe LF 130 $ 140. 00 $ 18, 200. 00
8" Sanitary Sewer Pipe LF 135 $ 28. 00 $ 3, 780. 00
10" Sanitary Sewer Pipe LF 95 $ 35. 00 $ 3, 325. 00
10" Sanitary Sewer Force Main Pipe LF 2, 010 $ 85. 00 $ 170,850. 00 12" Sanitary Sewer Pipe LF 95 $ 42. 00 $ 3, 990. 00
24" Sanitary Sewer Pipe LF 2, 860 $ 150. 00 $ 429, 000. 00 Manholes( Trunk) EA 9 $ 6, 000.00 $ 54, 000. 00
Force Main Air Release Valve EA 2 $ 2, 500. 00 $ 5, 000. 00 8" Water Line( inc/uding all appurtenances) LF 170 $ 32. 00 $ 5, 440. 00 10" Water Line( including all appuRenances) LF 150 $ 40. 00 $ 6, 000. 00 20" Water Line( including all appurtenances) LF 4, 000 $ 100. 00 $ 400, 000. 00 Fire Hydrants EA 14 $ 4, 000. 00 $ 56, 000. 00
2" WaterService EA 12 $ 2, 000. 00 $ 24, 000. 00
Air Release Valve EA 2 $ 2, 500. 00 $ 5, 000. 00
Blow Off Valve EA 9 $ 4, 000. 00 $ 36, 000. 00
8" Gate Valve EA 7 $ 2, 000. 00 $ 14, 000. 00
10" Gate Valve EA 3 $ 2, 700. 00 $ 8, 100. 00
20" Butterfly Valve EA 13 $ 6, 000. 00 $ 78, 000. 00
16" Recycled Water Line( including all appurtenances) LF 3, 980 $ 65. 00 $ 258, 700. 00 Air Release Valve EA 2 $ 2, 500.00 $ 5, 000.00
Blow Off Valve EA 2 $ 4, 000. 00 $ 8, 000. 00
Butterfly Valve EA 7 $ 4, 000. 00 $ 28, 000. 00
S" Non- Potable Water Line( inc/uding all appurfenances) LF 140 $ 35. 00 $ 4, 900. 00 10" Non- Potable Water Line( including all appurtenances) LF 120 $ 50. 00 $ 6, 000. 00 16" Non- Potable Water Line( including all appurtenances) LF 3, 990 $ 80. 00 $ 319,200.00 2" Non- Potable Water Service EA 12 $ 2, 000. 00 $ 24, 000. 00 Air Release Valve EA 2 $ 2, 500. 00 $ 5, 000. 00
Blow Off Valve EA 8 $ 4, 000. 00 $ 32, 000. 00
8" Gate Valve EA 2 $ 2, 000. 00 $ 4, 000.00
10" Gate Valve EA 2 $ 2, 700.00 $ 5, 400.00
16" Butterfly' Valve EA 10 $ 4, 500.00 $ 45, 000.00
16" Lake Fill Line( includingall appurtenances) LF 1, 160 $ 50. 00 $ 58, 000.00 3" Aeration Line( including a/ l appuRenances) LF 1, 160 $ 4. 00 $ 4, 640. 00 Air Release Valve EA 1 $ 2, 500.00 $ 2, 500. 00
Blow Off Valve EA 2 $ 4, 000. 00 $ 8, 000.00
Butterfly Valve EA 3 $ 4, 000.00 $ 12, 000. 00
4, 583, 805. 00
675
Soft Cost
Civil Engineering/ Design LS 1 $ 335, 000. 00 $ 335, 000.00 Surveying/ Staking LS 1 $ 151, 750. 00 $ 151, 750. 00
Joint Trench/ Utilities LS 1 $ 109, 500.00 $ 109, 500. 00 Plan Check and Inspection Fees LS 1 $ 879, 042. 44 $ 879,042.44 Subtotal $ 1, 475, 292. 44
Total $ 14, 526, 000. 00
676
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ITEM 5. 1
CITY MANAGER' S REPORT
APRIL 10, 2023 CITY COUNCIL REGULAR MEETING
ITEM: PUBLIC HEARING ( PUBLISHED NOTICE) TO
CONSIDER MUNICIPAL CODE AMENDMENT TO
AMEND THE ZONING ORDINANCE AND MOSSDALE
URBAN DESIGN CONCEPT TO LIMIT HOTEL
DEVELOPMENT IN THE CENTRAL LATHROP SPECIFIC
PLAN AND MOSSDALE VILLAGE ( TA- 23- 32)
RECOMMENDATION: Council to Consider the Following:
1. Hold a Public Hearing; and
2. First Reading and Introduction of an Ordinance to
Add Chapter 17. 78 Hotel Limitations and Modify
Section 17. 62. 072 of the Central Lathrop
Commercial Office Zoning District of the Lathrop
Municipal Code; and
3. Adopt a Resolution Amending the Permitted and
Conditional Land Use List for Mossdale Landing,
Mossdale Landing East, and Mossdale Landing
South Urban Design Concepts to Regulate and
Limit Hotel Development in the Central Lathrop
Specific Plan and Mossdale Village.
SUMMARY:
The proposed Municipal Code Text Amendment ( TA) is a Council- initiated proposal to limit hotel establishments in the City. The areas of limitation are the Central Lathrop Specific Plan and Mossdale Landing development areas.
The amendments include adding a new Chapter 17. 78 Hotel Limitations" and amending Section 17. 62. 072 of the Central Lathrop Commercial Office Zoning District of the Lathrop Municipal Code ( LMC). In addition amendments are proposed for the Permitted and Conditional Land Use Lists for the Mossdale Landing, Mossdale Landing East, and Mossdale Landing South Urban Design Concepts ( UDC).
BACKGROUND:
On February 13, 2023, the City Council discussed the potential limitation of hotel establishments in the City. The discussion was prompted by a disproportionately large number of applications for entitlements and construction permits for hotels. Following this discussion, the City Council instructed staff to prepare amendments to ensure that adequate land is available for a variety of potential commercial development such as retail, office, services, etc., within the undeveloped commercial land along Interstate- 5.
679
CITY MANAGERS REPORT PAGE 2
APRIL 10, 2023 CITY COUNCIL REGULAR MEETING
HOTEL LIMITATIONS
At the end of the discussion, the City Council provided direction to staff to prepare an Ordinance to limit new hotel developments in the Central Lathrop Specific Plan and Mossdale Landing development areas.
On March 29, 2023, the Planning Commission voted unanimously ( 4- 0) to recommend the City Council adopt an Ordinance regarding the proposed amendments to the Lathrop Municipal Code and Mossdale Landing UDC' s. Planning Commission Resolution No. 23- 4 is attached ( Attachment # 8) for reference.
ANALYSIS:
According to the Lathrop Municipal Code, amendments to the Zoning Ordinance must be reviewed by the Planning Commission and forwarded to the City Council for approval. Before any recommendation to approve by the Planning Commission, or final approval by the City Council, the finding that the proposed amendment will be consistent with applicable provisions of the General Plan must be made. In regards to Mossdale Landing, the Urban Design Concept considers modification of permitted and conditionally permitted uses as a ' Major Amendment". Major Amendments are referred to the Planning Commission for approval; however, since the amendments are associated with each other, they are being referred to the City Council as a combined action. The following is a general overview of the proposed changes to the LMC and UDC' s.
New LMC Chapter 17. 78: Hotel Limitations ( Attachment # 7 This chapter identifies the zoning districts where hotel establishments are limited.
The total number of hotels that are permitted to operate at any given time is six ( 6).
The affected zoning districts are as follows:
CO- CL, Commercial Office, Central Lathrop
CS- MV, Service Commercial, Mossdale Village
CH- MV, Highway Commercial, Mossdale Village East
CS- MV, Service Commercial, Mossdale Village East
CS- MV, Service Commercial, Mossdale Village South
Revised Section 17. 62. 072 ( Permitted Uses) of the CO- CL Zoning District Attachment # 3
This section is amended with a new footnote that any new hotel establishment is subject to Chapter 17. 78 Hotel Limitations as described above.
Revised UDC Permitted and Conditional Land Use List
In similar fashion to Section 17. 62. 072 amendment, the UDC' s for Mossdale Landing Attachment # 4), Mossdale Landing East ( Attachment # 5), and Mossdale Landing South ( Attachment # 6) include a new footnote that any new hotel establishment is subject to Chapter 17. 78 Hotel Limitations of the LMC. 680
CITY MANAGERS REPORT PAGE 3
APRIL 10, 2023 CITY COUNCIL REGULAR MEETING
HOTEL LIMITATIONS
PUBLIC NOTICE:
A Notice of Public Hearing was advertised in the Manteca Bulletin on March 31, 2023 and email notification sent to Public Hearing subscribers on March 30, 2023. In addition, the meeting agenda was posted at the Council Chambers bulletin board and three ( 3) other locations accessible to the public. The agenda is also posted to the City' s website. As of the writing of this report, no comments were received in favor or against the proposed amendment.
RECOMMENDATION:
The Planning Commission and staff recommend that the City Council consider all information provided and submitted, take and consider all public testimony and, if determined to be appropriate, introduce an Ordinance to ( 1) Add Chapter 17. 78 Hotel Limitations and Modify Section 17. 62. 072 of the Central Lathrop Commercial Office Zoning District of the Lathrop Municipal Code; ( 2) Adopt a Resolution Amending the Permitted and Conditional Land Use List for Mossdale Landing, Mossdale Landing East, and Mossdale Landing South Urban Design Concepts to Regulate and Limit Hotel Development in the Central Lathrop Specific Plan and Mossdale Village.
CEQA STATUS:
The proposed Municipal Code Text Amendment is exempt according to the California Environmental Quality Act ( CEQA) Article 5 § 15061 by the Common Sense Exemption" that CEQA applies only to projects that have a potential for causing a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. Specific development projects undertaken in the future pursuant to the amended Municipal Code would be required to comply with CEQA at that time.
FISCAL IMPACT:
There is no fiscal impact to the City of Lathrop, only staff time to prepare this report.
ATTACH M ENTS:
1. Ordinance Approving Hotel Limitations
2. Resolution Approving Mossdale Landing Amendments
3. Mark up of Section 17. 62. 072 CO- CL Zoning District.
4. Mark up of CS- MV, Mossdale Landing.
5. Mark up of CH & CS- MV, Mossdale Landing East.
6. Mark up of CS- MV, Mossdale Landing South.
7. New Chapter 17. 78 Hotel Limitations.
8. Planning Commission Resolution No. 23- 4
681
CITY MANAGERS REPORT PAGE 4
APRIL 10, 2023 CITY COUNCIL REGULAR MEETING
HOTEL LIMITATIONS
APPROVALS:
z 3
Cagui D te
ssistant ommunity Development Director
F' ` f ZO? 3
M rk iss er Date
Community Dev lopment Director
y -- o z.
Salvador Navarrete Date
City Attorney
s -23
Ste n ). Salvatore Date
City Manager
682
ORDINANCE NO. 23-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LATHROP AMENDING TITLE 17 OF THE LATHROP MUNICIPAL CODE TO LIMIT HOTEL
DEVELOPMENT IN THE CENTRAL LATHROP SPECIFIC PLAN DEVELOPMENT AREA ( TA- 23- 32)
WHEREAS, the City of Lathrop Planning Commission held a duly noticed public hearing at a Special meeting on March 29, 2023, at which they adopted PC Resolution No. 23- 4 recommending City Council adopt Municipal Code Text Amendment No. TA- 23- 32 pursuant to the Lathrop Municipal Code; and WHEREAS, the City of Lathrop City Council held a duly noticed public hearing at a regular meeting on April 10, 2023 to review and consider adding Chapter 17. 78 Hotel Limitations and Modify Section 17. 62. 072 of the Central Lathrop Commercial Office Zoning District of the Lathrop Municipal Code to Regulate and Limit Hotel Development in the Central Lathrop Specific Plan; and WHEREAS, the proposed code amendment is limited to the Central Lathrop Specific Plan; and
WHEREAS, chapter 17. 124 of the Lathrop Municipal Code mandates the transmittal of a Planning Commission recommendation to the City Council by resolution; and
WHEREAS, the proposed code amendment is exempt according to the California Environmental Quality Act ( CEQA) Article 5 § 15061 by the Common Sense Exemption" that CEQA applies only to projects that have a potential for causing a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment; and
WHEREAS, the City Council finds that the proposed code amendment is consistent with applicable provisions of the Lathrop General Plan and will implement the City' s Economic Development goals by facilitating a variety of retail, office, services, etc. within the undeveloped commercial land along Interstate 5 ; and WHEREAS, proper notice of this public hearing was given in all respects as required by law; and
WHEREAS, the City Council has reviewed all written evidence and oral testimony presented to date.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lathrop based on substantial evidence in the administrative record of proceedings and pursuant to its independent review and consideration, does hereby approve Municipal Code Amendment as shown on Attachments ' 3" and 7" of the April 10, 2023 City Council Staff Report, incorporated by reference herein. 683
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LATHROP DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The Lathrop Municipal Code is hereby amended as shown in Attachments " 3" and " 7" of the staff report that accompanied this ordinance, incorporated by reference herein.
Section 2. This ordinance is not intended to and shall not be construed or given effect in a 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 of civil liability for damages, except as otherwise imposed by law.
Section 3. Severabilitv. 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 4. Effective Date. This Ordinance shall take legal effect 30 days from and after the date of its passage.
Section 5. 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.
684
THIS ORDINANCE was introduced at a regular meeting of the City Council of the City of Lathrop on the 10t" day of April 2023, and was PASSED AND ADOPTED at a regular meeting of the City Council of the City of Lathrop on by the following vote, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
SONNY DHALIWAL, MAYOR
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 685
RESOLUTION NO. 23-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP
AMENDING THE MOSSDALE LANDING URBAN DESIGN CONCEPT TO LIMIT
HOTEL DEVELOPMENT IN THE MOSSDALE VILLAGE DEVELOPMENT AREAS TA- 23- 32)
WHEREAS, the City of Lathrop Planning Commission held a duly noticed public hearing at a Special meeting on March 29, 2023, at which they adopted PC Resolution No. 23- 4 recommending City Council adopt Municipal Code Text Amendment No. TA- 23- 32 pursuant to the Lathrop Municipal Code; and WHEREAS, the City of Lathrop City Council held a duly noticed public hearing at a regular meeting on April 10, 2023 to review and consider amendments to the Permitted and Conditional Land Use List for Mossdale Landing, Mossdale Landing East, and Mossdale Landing South Urban Design Concepts to Regulate and Limit Hotel Development in Mossdale Village; and
WHEREAS, the proposed the proposed amendment is limited to Mossdale Landing, Mossdale Landing East, and Mossdale Landing South Urban Design Concepts of Mossdale Village; and
WHEREAS, major amendments to the Mossdale Landing Urban Design Concept requires Planning Commission approval which can be deferred to the City Council; and
WHEREAS, the proposed code amendment is exempt according to the California Environmental Quality Act ( CEQA) Article 5 § 15061 by the " Common Sense Exemption" that CEQA applies only to projects that have a potential for causing a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment; and
WHEREAS, the City Council finds that the proposed amendment is consistent with applicable provisions of the Lathrop General Plan and will implement the City' s Economic Development goals by facilitating a variety of retail, office, services, etc. within the undeveloped commercial land along Interstate 5 ; and WHEREAS, proper notice of this public hearing was given in all respects as required by law; and
WHEREAS, the City Council has reviewed all written evidence and oral testimony presented to date.
686
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lathrop hereby make the following findings:
Section 1. That certain documents entitled Permitted and Conditional Land Use List for " Mossdale Landing, Mossdale Landing East, and Mossdale Landing South" Urban Design Concepts, as illustrated and incorporated by reference as Attachment 4, 5, and 6 ( respectively) of the City Council Staff Report is hereby approved.
Section 2. The criteria herein shall become effective upon the date of this Resolution.
BE IT FURTHER RESOLVED that the City Council of the City of Lathrop based on substantial evidence in the administrative record of proceedings and pursuant to its independent review and consideration, does hereby approve amendments to the Permitted and Conditional Land Use List for Mossdale Landing, Mossdale Landing East, and Mossdale Landing South as shown on Attachments 4", 5" and " 6" of the April 10, 2023 City Council Staff Report, incorporated by reference herein.
687
The foregoing resolution was passed and adopted this 10t" day of April 2023, 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 688
CO- CL: Commercial Office Zoning District— Chapter 17. 62 Mark- Up ATTACHMENT 3 New text is shown by underline; deleted text is shown by Chapter 17.62 CO- CL: Commercial Office Zoning District
17. 62. 072 Permitted uses.
G •]
B. Service retail uses including, but not limited to:
1. Fur repair and storage
2. Automobile repair
3. Automobile upholstery and top shops
4. Banks/ credit unions/ savings and loans/ financial institutions
5. Facial/ massage
6. Cafeterias
7. Catering
8. Cleaning, pressing and dyeing establishments ( using noninflammable and nonexplosive cleaning fluid)
9. Day care centers
10. Emergency medical/ dental clinics, and prescribing pharmacies within
11. Electronics repair
12. Employment agency
13. Equipment rental
14. Rug cleaning and dyeing
15. Hotel/ e/ apartment hotels ( stibject to Chapter 17. 78 Hotel Limitations)
16. Inns providing temporary visitor accommodations and accessory recreational and commercial facilities
G • l
689
CS- MV: Mossdale Landing UDC Mark-Up ATTACHMENT 4
New text is shown by underline; deleted text is shown by * r;vo*, r^„ n, Permitted and Conditional Land Uses— Service Commercial, Mossdale Landing Conditional Uses:
Administrative offices- City, county, state, and federal Auditoriums / Concert Hall
Adult Novelty Store
Ambulance Stations
Any facility or business serving alcoholic beverages or selling hard alcohol.
Any facility or business producing excessive noise, sounds or music.
Billiards/ Pool Hall
Bowling Alley
Business and professional schools and colleges
Car Wash
Church/ Religious Facility
Cocktail Lounge/ Bar
Community/ Civic Centers
Skating rinks and other similar commercial recreation facilities.
Expansion or remodeling of an existing non- conforming use of a structure or land, up to 50°Io or less of the value of the structure, or reestablishment of a nonconforming use which has been damaged, except non- conforming signs and outdoor advertising structures, non- conforming uses occupying a structure with an assessed valuation of less than $ 200, and non- conforming fences, walls and hedges.
Fire/ Police Station
Gaming/ Gambling/ Bingo Parlor
Gas and electrical transmission lines
Gas/ Service Station/ Convenience store
Governmental offices
Hospital / Medical center
Hotel ^^ ( subject to LMC Chaptei• 17. 78 Hotel Limitations) Library
Museums
Nightclub/ Micro- brewery
Recreational facility/ Indoor
Senior/ Youth Centers
Temporary Christmas tree lot
Temporary pumpkin patch
Theater ( Dinner, Movie, Live, etc.)
Transit Stations
Urban Design Concept Page 25
690
CH- MV & CS- MV: Mossdale Landing East UDC Mark- Up ATTACHMENT 5 New text is shown by underline; deleted text is shown by l Permitted and Conditional Land Uses — Highway Commercial, Mossdale Landing East Conditional Uses:
Administrative offices- City, county, state, and federal Amusement/ Arcade
Auditoriums / Concert Hall
Adult Novelty Store
Ambulance Stations
Any facility or business producing excessive noise, sounds or music.
Beer/ Wine store
Billiards/ Pool Hall
Bowling Alley
Business and professional schools and colleges
Car Wash
Church/ Religious Facility
Community/ Civic Centers
Skating rinks and other similar commercial recreation facilities.
Expansion or remodeling of an existing non- conforming use of a structure or land, up to 50% or less of the value of the structure, or reestablishment of a nonconforming use which has been damaged, except non-conforming signs and outdoor advertising structures, non- conforming uses occupying a structure with an assessed valuation of less than $200, and non- conforming fences, walls and hedges.
Fire/ Police Station
Gaming/ Gambling/ Bingo Parlor
Gas and electrical transmission lines
Gas/ Service Station/ Convenience store
Governmental offices
Hospital/ Medical center
Hotel ^^ sub ject to L,MC Chaptei• 17. 78 Hotel Limitations) Library
Museums
Nightclub / Cocktail Lounge/ Bar
Private Clubs
Recreational facility/ Indoor
Senior/ Youth Centers
Temporary Christmas tree lot
Temporary pumpkin patch
Theater ( Dinner, Movie, Live, etc.)
Transit Stations
Urban Design Concept Page 27
691
CH- MV & CS- MV: Mossdale Landing East UDC Mark- Up ATTACHMENT 5 Permitted and Conditional Land Uses— Service Commercial, Mossdale Landing East Conditional Uses:
Administrative offices- City, county, state, and federal Amusement/ Arcade
Auditoriums/ Concert Hall
Adult Novelty Store
Ambulance Stations
Any facility or business producing excessive noise, sounds or music.
Beer/ Wine store
Billiards / Pool Hall
Bowling Alley
Business and professional schools and colleges
Car Wash
Church/ Religious Facility
Cocktail Lounge/ Bar
Community/ Civic Centers
Skating rinks and other similar commercial recreation facilities.
Expansion or remodeling of an existing non- conforming use of a structure or land, up to 50% or less of the value of the structure, or reestablishment of a nonconforming use which has been damaged, except non- conforming signs and outdoor advertising structures, non- conforming uses occupying a structure with an assessed valuation of less than $ 200, and non- conforming fences, walls and hedges.
Fire/ Police Station
Gaming/ Gambling/ Bingo Parlor
Gas and electrical transmission lines
Gas/ Service Station/ Convenience store
Governmental offices
Hospital/ Medical center
Hotel r (subject Co LMC Chapter 17. 78 Hotel Limitations) Library
Museums
Nightclub
Private Clubs
Recreational facility/ Indoor
Senior/ Youth Centers
Temporary Christmas tree lot
Temporary pumpkin patch
Theater ( Dinner, Movie, Live, etc.)
Transit Stations
Urban Design Concept Page 37
692
CS- MV: Mossdale Landing South UDC Mark- Up ATTACHMENT 6 New text is shown by underline; deleted text is shown by l Permitted and Conditional Land Uses— Service Commercial, Mossdale Landing South Conditional Uses:
Administrative offices- City, county, state, and federal Amusement/ Arcade
Auditoriums/ Concert Hall
Ambulance Stations
Any facility or business producing excessive noise, sounds or music.
Billiards/ Pool Hall
Bowling Alley
Business and professional schools and colleges
Car Wash
Cocktail Lounge/ Bar
Community/ Civic Centers
Skating rinks and oCher similar commercial recreation facilities.
Expansion or remodeling of an existing non- conforming use of a structure or land, up to 50% or less of the value of the structure, or reestablishment of a nonconforming use which has been damaged, except non- conforming signs and outdoor advertising structures, non- conforming uses occupying a structure with an assessed valuation of less than $ 200, and non- conforming fences, walls and hedges.
Fire/ Police Station
Gaming/ Gambling/ Bingo Parlor
Gas and electrical transmission lines
Gas/ Service Station/ Convenience store
Governmental offices
Hospital / Medical center
Hotel ( subject to LMC Chapter 17. 78 Hotel Limitations) Library
Museums
Nightclub
Private Clubs
Recreational facility/ Indoor
Senior/ Youth Centers
Temporary Christmas tree lot
Temporary pumpkin patch
Theater ( Dinner, Movie, Live, etc.)
Transit Stations
Water quality ponds/ associated facilities
Urban Design Concept Page 25
693
Chapter 17. 78 Hotel Limitations ATTACHMENT 7
New text is shown by underline; deleted text is shown by 1 Chapter 17J8 Hotel Limitations
17. 78,() l{) Purpc se
1_ 1; pui- 7tie a l int nc of thi; i:h rr ter is to delii i; t} e r_oi in< distric. t virer hc tcl cstahlish ents are limitetl. Ttie p• ovisions af this chapter are in acidition ta ar v other perrnits, licenses and approvals which ma b quired to o erate i hotel establishment business in the citv.
17.78.020 Applicabilitv
This section ap lies to the followin zoning districts:
CO- CL Commercial Office, Central Lathrop
CS- MV Service Commercial Mossdale Villa e
CH-MV, Highway Commercial, Mossdale Villa e East
CS- MV, Service Commercial, Mossdale Village East
CS- MV, Service Cor lmercial, Mossdale Village South
17. 78. 030 Maximum Allowed
The number of hotels permitted to operate in the city within the zonin districts li ted in Section 17. 78. 020 at any one given time shall be a total of six ( 6). 694
A Tl H 1EiVT , 8 „
CITY OF LATHROP
PLANNING COMMISSION RESOLUTION NO. 23- 4
A RESOLUTION OF THE PLANI IING COMMISSION OF THE CITY OF LATHROP RECOMMENDING CITY COUNCIL AMEND TITLE 17 OF THE LATHROP
MUNICIPAL CODE AND APPROVE AMENDMENTS TO THE MOSSDALE
LANDING URBAN DESIGN CONCEPT TO LIMIT HOTEL DEVELOPMENT IN THE
CENTRAL LATHROP SPECIFIC PLAN AND MOSSDALE VILLAGE
DEVELOPMENT AREAS ( TA- 23- 32)
WHEREAS, the City of Lathrop Planning Commission held a duly noticed public hearing to consider the text amendment pursuant to the Lathrop Municipal Code; and WHEREAS, the proposed text amendment applies to the Central Lathrop Specific Plan and Mossdale Village development areas; and
WHEREAS, Chapter 17. 124 of the Lathrop Municipal Code mandates the transmittal of a recommendation to the City Council by resolution; and
WHEREAS, major amendments to the Mossdale Landing Urban Design Concept require Planning Commission approval; and
WHEREAS, the proposed text amendment is exempt according to the California Environmental Quality Act ( CEQA) Article 5 § 15061( b)( 3) by the " Common Sense Exemption" that CEQA applies only to projects that have a potential for causing a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment; and WHEREAS, the Planning Corrunission finds that the proposed text amendment is consistent with applicable provisions of the Lathrop General Plan and will implement the City' s Economic Development goals; and
WHEREAS, proper notice of this public hearing was given in all respects as required by law; and
WHEREAS, the Planning Commission has reviewed all written evidence and oral testimony presented to date.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Lathrop based on substantial evidence in the administrative record of proceedings and pursuant to its independent review and consideration, does hereby recommend the City Council ( 1) adopt an Ordinance to add Chapter 17. 78 Hotel Limitations and modify Section 17. 62. 072 of the Central Lathrop Commercial Office Zoning District of the Lathrop Municipal Code; ( 2) adopt a Resolution amending the Permitted and Conditional Land Use List for Mossdale Landing, Mossdale Landing East, and Mossdale Landing South Urban Design Concepts Limit Hotel Development in the Central Lathrop Specific Plan and Mossdale Village development areas as shown in Attachments 2 through 6 of the Staff Report, incorporated by reference herein.
Planning Commission Resolution No. 23- 4 Page 1 of 2
695
PASSED AND ADOPTED by the Planning Commission of the City of Lathrop at a Special meeting on the 29`' day of March, 2023 by the following vote:
AYES: Rhodes, Ishihara, Gatto, Ralmilay
NOES: None
ABSTAIN: None
ABSENT: Jackson
Gloryanna Rhodes, Chair
ATTEST: APPROVED AS TO FORM:
ark eis ner, cretary Salvador Navarrete, City Attorney
Planning Commission Resolution No. 23- 4 Page 2 of 2
696
ITEM 5. 2
CITY MANAGER' S REPORT
APRIL 10, 2023 CITY COUNCIL REGULAR MEETING
ITEM: RECEIVE UPDATE FOR AQUIFER STORAGE AND
RECOVERY, APPROVE AMENDMENT NO. 1 WITH
CAROLLO ENGINEERS, INC. CIP PW 22- 36 AND
APPROVE BUDGET AMENDMENT
RECOMMENDATION: Adopt Resolution to Approve Amendment No. 1 with Carollo Engineers, Inc. for the Aquifer
Storage and Recovery, CIP PW 22- 36 and
Approve Budget Amendment
CEQA STATUS: Staff has determined the CEQA status for the project to date as exempt according to
California Environmental Quality Act Article 18
15262, Feasibility and Planning Studies"
SUMMARY:
Aquifer Storage and Recovery ( ASR) is a water resources management technique for actively storing water underground during wet periods for recovery when needed.
The injection and extraction of water is accomplished using a well and is permitted though the State Water Board.
On January 10, 2022 Council approved the creation of Capital Improvement Project CIP) PW 22- 36 ASR and a professional services agreement with Carollo Engineers, Inc. ( Carollo) for completing the engineering feasibility study and preliminary design for the project. As a result of Carollo completing the ASR feasibility study and initial design, they determined that the proposed site location is feasible for the ASR project. At the request of staff, Carollo has provided a proposal to provide additional engineering services needed to support the next design and bidding phases of the project.
Staff requests that Council approve Amendment No. 1 with Carollo for the services included in Tasks 1- 6 of their proposal for a cost of $ 1, 547, 242 for additional research, design and bidding assistance services. Sufficient funds were not included in the adopted FY 22/ 23 Budget for CIP PW 22- 36; therefore, staff requests that Council approve a budget amendment allocating $ 1, 701, 966 ( including 10% contingency) of the Water Fund 5620.
BACKGROUND:
The City' s drinking water comes from two sources, local groundwater and surface water purchased from the South San Joaquin Irrigation District ( SSJID). The City' s water supply historically has been very reliable and staff has taken the necessary steps to plan for future growth and the corresponding water needs; however, there are emerging risks that the ASR project could help mitigate. 697
CITY MANAGER' S REPORT PAGE 2
APRIL 10, 2023 CITY COUNCIL REGULAR MEETING
APPROVE AMENDMENT NO. 1 WITH CAROLLO ENGINEERS, INC. FOR AQUIFER STORAGE AND RECOVERY, CIP PW 22- 36 AND APPROVE BUDGET
AMENDMENT
These risks include but are not limited to, prolonged droughts, new State regulatory requirements, emerging groundwater contaminants, and management of upstream reservoirs.
On January 10, 2022 Council approved the creation of CIP PW 22- 36 Aquifer Storage and Recovery and a Professional Services Agreement with Carollo Engineers, Inc.
Carollo for completing an engineering feasibility study and preliminary design for the project. Carollo has completed the ASR feasibility study and initial design and has determined that the proposed site location in River Islands is favorable for the ASR project. Carollo Engineers, Inc. has provided a proposal to provide additional engineering services required for the next phases of the ASR project.
REASON FOR RECOMMENDATION:
An ASR project would considerably enhance reliability and mitigate emerging risks to the City' s water supply by pumping and storing surface water acquired from SSJID during wet periods into the ground allowing for later retrieval and utilization during dry seasons, droughts, or instances of water supply shortage.
CEQA STATUS:
Staff has determined the CEQA status for the project to date as exempt according to California Environmental Quality Act Article 18 § 15262, " Feasibility and Planning Studies". Staff will be retaining the De Novo Planning Group to prepare an Initial Study/ Mitigated Negative Declaration for this project during this next phase.
FISCAL IMPACT:
Amendment No. 1 in the amount of $ 1, 547, 242 for the ASR design and bidding assistance services with Carollo. Staff requests that Council approve a budget amendment allocating $ 1, 701, 966 ( including 10% contingency) of the Water Fund 5620. Sufficient funds were not included in the adopted Fiscal Year 22/ 23 budget for these costs, and therefore, staff is requesting Council approve the following budget amendment:
Increase Transfers Out
5620- 99- 00- 990- 90- 10 1, 701, 966
Increase Transfers In
5690- 99- 00- 393- 00- 00 PW 22- 36 1, 701, 966
Increase Expenditures
5690- 80- 00- 420- 12- 00 PW 22- 36 1, 701, 966
698
CITY MANAGER' S REPORT PAGE 3
APRIL 10, 2023 CITY COUNCIL REGULAR MEETING
APPROVE AMENDMENT NO. 1 WITH CAROLLO ENGINEERS, INC. FOR AQUIFER STORAGE AND RECOVERY, CIP PW 22- 36 AND APPROVE BUDGET
AMENDMENT
ATTACH M ENTS:
A. Resolution Approving Amendment No. 1 with Carollo Engineers, Inc. for the Aquifer Storage and Recovery, CIP PW 22- 36 and Approving Budget Amendment
B. Amendment No. 1 with Carollo Engineers, Inc. to Provide the Lathrop Aquifer Storage and Recovery Well Design Services , CIP PW 22- 36 699
CITY MANAGER' S REPORT PAGE 4
APRIL 10, 2023 CITY COUNCIL REGULAR MEETING
APPROVE AMENDMENT NO. 1 WITH CAROLLO ENGINEERS, INC. FOR AQUIFER STORAGE AND RECOVERY, CIP PW 22- 36 AND APPROVE BUDGET
AMENDMENT
APPROVALS:
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Greg G' son Date
Senior Civil Engineer
FpR I S 2023
Brad Taylor Date
City Engineer
l- a..3
Cari J Date
Finance Di ctor
2023
Michael King Date
Assistant City Manager
2i 1
Salvador Navarrete Date
City Attorney
L3
Steph . Salvatore Date
City Manager
700
RESOLUTION NO. 23-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING AMENDMENT NO. 1 WITH CAROLLO ENGINEERS, INC. FOR THE AQUIFER STORAGE AND RECOVERY, CIP PW 22- 36 AND APPROVING
BUDGET AMENDMENT
WHEREAS, the City' s drinking water comes from two sources, local groundwater and surface water purchased from the South San Joaquin Irrigation District ( SSJID); and
WHEREAS, the City' s water supply historically has been very reliable and staff has taken the necessary steps to plan for future growth and the corresponding water needs; however, there are emerging risks that the ASR project could help mitigate; and
WHEREAS, these risks include but are not limited to, prolonged droughts, new State regulatory requirements, emerging groundwater contaminants, and management of upstream reservoirs; and
WHEREAS, an ASR project would considerably enhance reliability and mitigate emerging risks to the City' s water supply by pumping and storing surface water acquired from SSJID during wet periods into the ground allowing for later retrieval and utilization during dry seasons, droughts, or instances of water supply shortage; and
WHEREAS, on January 10, 2022 City Council approved the creation of Capital Improvement Project PW 22- 36 Aquifer Storage and Recovery and a Professional Services Agreement with Carollo Engineers, Inc. for completing an engineering feasibility study and preliminary design for the project; and WHEREAS, Carollo has completed the ASR feasibility study and initial design and has determined proposed site location is favorable for the ASR project; and WHEREAS, at the request of staff, Carollo Engineers, Inc. has provided a proposal to provide additional engineering services for the next phases of the ASR project described under Tasks 1- 6 of their proposal for a cost not to exceed 1, 547, 242; and
WHEREAS, sufficient funds were not included in the adopted Fiscal Year ( FY) 22/ 23 Budget, so therefore, staff is requesting that Council approve a budget amendment allocating $ 1, 701, 966 ( including an approximate 10% contingency) of the Water Fund 5620 for Carollo to continue provide engineering design services for the CIP PW 22- 36 ASR project; and
WHEREAS, the CEQA Status for this project to date has been determined by staff to be exempt according to California Environmental Quality Act Article 18 15262, " Feasibility and Planning Studies".
701
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Lathrop does hereby approve Amendment No. 1 with Carollo Engineers, Inc. in the amount of $ 1, 547, 242 for continued engineering support services for the CIP PW 22- 36 Aquifer Storage and Recovery; and
NOW, THEREFORE, BE IT FURTHER RESOLVED, the City Council of the City of Lathrop hereby approves the budget amendment to the following accounts:
Increase Transfers Out
5620- 99- 00- 990- 90- 10 1, 701, 966
Increase Transfers In
5690- 99- 00- 393- 00- 00 PW 22- 36 1, 701, 966
Increase Expenditures
5690- 80- 00- 420- 12- 00 PW 22- 36 1, 701, 966
NOW, THEREFORE, BE IT FURTHER RESOLVED, the City Council of the City of Lathrop hereby determines this action is exempt according to California Environmental Quality Act Article 18 § 15262, Feasibility and Planning Studies". 702
The foregoing resolution was passed and adopted this 10th day of April 2023, 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 703
AMENDMENT NO. 1
TO THE AGREEMENT BETWEEN THE CITY OF LATHROP AND
CAROLLO ENGINEERS, INC.
TO PROVIDE THE LATHROP AQUIFER STORAGE AND RECOVERY
WELL DESIGN SERVICES, CIP PW 22-36
THIS AMENDMENT ( hereinafter " AMENDMENT NO. 1") to the agreement between Carollo Engineers, Inc., and the City of Lathrop dated April 10, 2023 hereinafter" AGREEMENT") dated for convenience this day of April 2023, is by and between Carollo Engineers, Inc. (" CONSULTANT") and the City of Lathrop, a California municipal corporation (" CITY");
RECITALS:
WHEREAS, CONSULTANT is specially trained, experienced, and competent to perform Professional Engineering Consulting Services for the City of Lathrop, which are required by this agreement; and
WHEREAS, CITY selected the CONSULTANT pursuant to said qualifications; and WHEREAS, on January 10, 2022, CONSULTANT and CITY entered into an AGREEMENT to provide the Lathrop Aquifer Storage and Recovery and Feasibility Study and Funding Support, CIP PW 22- 36, not to exceed $ 301, 744; and WHEREAS, CONSULTANT provided scope of work attached hereto as Exhibit " A" for Amendment No. 1 for Lathrop Aquifer Storage and Recovery Well Design Services, CIP PW 22-36.
NOW, THEREFORE, CONSULTANT and the CITY agree as follows:
AMENDMENT NO. 1 TO AGREEMENT
1) Scope of Service. Section ( 1) of the AGREEMENT for Consulting is hereby amended to add the following:
CONSULTANT agrees to perform Engineering Services in accordance with Tasks 1 — 6 of the scope of work and fee proposal provided by CONSULTANT, attached hereto as Exhibit " A" in addition to the scope of work in the original AGREEMENT dated January 10, 2022.
CONSULTANT agrees to diligently perform these services in accordance with the upmost standards of its profession and to CITY' S satisfaction.