Agenda — Lodi City Council, January 5, 2022 (part 2 of 2)

Description FY 2016/17 FY 2017/18 FY 2018/19 FY 2019/20 FY 2020/21 Revenues
Fees Collected 37,470$ 300,584$ 609,228$ 1,949,920$ 2,039,756$ Interest Earned/Mkt Gain/Loss 3,757 680 11,294 149,084 31,989 Misc. Revenue - - - - - Total Revenues 41,227$ 301,265$ 620,522$ 2,099,004$ 2,071,744$ Expenditures
Debt Service -$ -$ -$ -$ -$ Impact Fee Administration - - - - - Misc. Adjustments - - - - - AB 1600 Disbursements 238,152 550,463 56,571 82,357 144,437 Total Expenditures 238,152$ 550,463$ 56,571$ 82,357$ 144,437$ Revenue Less Expenditures (196,925)$ (249,198)$ 563,950$ 2,016,647$ 1,927,307$ Fund Balance, Beginning of Year 761,563 564,638 315,440 879,390 2,896,037 Fund Balance, End of Year 564,638 315,440 879,390 2,896,037 4,823,344 Assigned Fund Balance 496,080 166 - - - Available Fund Balance 68,558$ 315,273$ 879,390$ 2,896,037$ 4,823,344$ Capital Improvement Projects
Project Amount Percent Funded Impact Fee Non-Impact Fee FY 2020-2021 Projects Expended by Impact Fees Expenditures Expenditures DeBenedetti Park Development 216,282 67% 144,437 71,846 Total 216,282$ 144,437$ 71,846$ Project Amount Percent Funded Impact Fee Non-Impact Fee FY 2019-2020 Projects Expended by Impact Fees Expenditures Expenditures DeBenedetti Park 54,905 19% 10,512
DeBenedetti Park Development 71,846 100% 71,846 - Total 126,751$ 82,358$ -$
FY 2016/17 FY 2017/18 FY 2018/19 FY 2019/20 FY 2020/21
Available Revenue Current Year 41,227$ 301,265$ 620,522$ 2,099,004$ 2,071,744$ Available Revenue Prior Fiscal Year (2-yr Old Funds) 506,061 41,227 301,265 620,522 2,099,004 Available Revenue Prior Fiscal Year (3-yr Old Funds) 30,330 506,061 41,227 301,265 620,522 Available Revenue Prior Fiscal Year (4-yr Old Funds) 44,670 30,330 506,061 41,227 301,265 Available Revenue Prior Fiscal Year (5-yr Old Funds) 3,512 44,670 30,330 506,061 41,227 Available Revenue Greater than five Prior Fiscal Years (557,243) (608,279) (620,014) (672,042) (310,417) Total Revenue Available 68,558$ 315,273$ 879,390$ 2,896,037$ 4,823,344$ FY 2016/17 FY 2017/18 FY 2018/19 FY 2019/20 FY 2020/21
Expenses Allocation Current Year 218,690$ 550,463$ 56,571$ 82,357$ 144,437$ Expenses Allocation Prior Fiscal Year (2-yr Old Funds) 19,462 - - - - Expenses Allocation Prior Fiscal Year (3-yr Old Funds) - - - - - Expenses Allocation Prior Fiscal Year (4-yr Old Funds) - - - - - Expenses Allocation Prior Fiscal Year (5-yr Old Funds) - - - - - Expense Allocation Greater than Five Prior Fiscal Years - - - - - Total Annual Expenditures 238,152$ 550,463$ 56,571$ 82,357$ 144,437$ Statement of Revenues and Expenditures and Changes in Fund Balance for Last Five Fiscal Years FUND: 437
Parks & Recreation
Five Year Revenue Test Using First in first Out Method
Five Year Expenditure to Revenue Match

Page 28 of 40 ends

9. Electric Utility Fee Program (Fund 505)

The Electric Utility IMF was first adopted by the City Council in 2007 and was updated most recently in August of 2012 when the fee program nexus study was updated by the City’s contracted consultants, Harris & Associates and Goodwin Consulting Group.

The 2012 Nexus Study identified a need for new electric utility facilities to serve additional demand for electricity caused by new development. A Distribution Capacity Plan was used to determine peak load demand and the system is sized to meet peak load needs of the end users (consumers of electricity).

For purposes of the study, a plan based fee methodology was used. There are no existing deficiencies in this fee program. A total of $7.1 million (in 2012 dollars) is allocated to new development covering a variety of electric utility facilities including distribution reinforcements, feeder additions, an added bank, and overhead and underground line extensions.

Ending Balance for June 30, 2021 is what is shown as the balance on the City's records, and which may include several different assets and liabilities accounts not depicted below, but which still affect ending balance.

Projects funded in Fiscal Year 2021/22 include Feeder Extension. Future projects will be included in the future year CIP documents.

Required Findings

1. The purpose of the Electric Utility Fee is to fund electric utility facilities attributable to the impact of new development.

2. The reasonable relationship betwe en the Electric Utility Fee and the purpose for which it is charged is demonstrated in the City of Lodi Impact Mitigation Fee Program Nexus Study - 2012 Update, dated August 2012, effective October 14, 2012.

3. The sources and amounts of funding anticipated to fund new development’s proportionate share of existing facilities are identified in this report ( shown in 2020 dollars) and in the City of Lodi Fiscal Year 2021-22 Budget and CIP.

4. The approximate date for funding and constructing some of these facilities is shown in this report. Additional projects will be included in future year CIP documents.

Page 29 of 40 ends

Beginning balance July 1, 2020 1,161,218$
Fees collected 567,681$
Interest earned/market loss 125
Misc. revenue -
Total 567,806$
Disbursements
Amount
from Fee
% Fee
Funded in
FY 21
1267 Feeder Extension 497,754 88%
Total 497,754$
Ending balance June 30, 2021 1,231,270$
Planned projects for Fiscal Year 2021/22 Amount
% Fee
Funded in
FY 22
1267 Feeder Extension 403,199$ 33%
1247 Feeder Extension 1,075,000 87%
Total Projects Planned for FY 21/22 1,478,199$

Page 30 of 40 ends

Description FY 2016/17 FY 2017/18 FY 2018/19 FY 2019/20 FY 2020/21 Revenues
Fees Collected 83,914$ 137,611$ 244,989$ 265,348$ 567,681$ Interest Earned/Mkt Gain/Loss - - 175 150 125 Misc. Revenue - - - - - Total Revenues 83,914$ 137,611$ 245,164$ 265,498$ 567,806$ Expenditures
Debt Service -$ -$ -$ -$ -$ Impact Fee Administration - - - - - AB 1600 Disbursements - 496,594 354 - 497,754 Total Expenditures -$ 496,594$ 354$ -$ 497,754$ Revenue Less Expenditures 83,914$ (358,983)$ 244,810$ 265,498$ 70,052$ Fund Balance, Beginning of Year 925,979 1,009,893 650,910 895,720 1,161,218 Fund Balance, End of Year 1,009,893 650,910 895,720 1,161,218 1,231,270 Assigned Fund Balance 1,787 354 - - - Available Fund Balance 1,008,106$ 650,556$ 895,720$ 1,161,218$ 1,231,270$ Capital Improvement Projects
Project Amount Percent Funded Impact Fee Non-Impact Fee FY 2020-2021 Projects Expended by Impact Fees Expenditures Expenditures 1267 Feeder Extension 497,754$ 100% 497,754$ -$ 1247 Feeder Extension - 0% - - Total 497,754$ 497,754$ -$
Project Amount Percent Funded Impact Fee Non-Impact Fee FY 2019-2020 Projects Expended by Impact Fees Expenditures Expenditures Total -$ -$ -$ FY 2016/17 FY 2017/18 FY 2018/19 FY 2019/20 FY 2020/21
Available Revenue Current Year 83,914$ 137,611$ 245,164$ 265,498$ 567,806$ Available Revenue Prior Fiscal Year (2-yr Old Funds) 12,541 83,914 137,611 245,164 265,498 Available Revenue Prior Fiscal Year (3-yr Old Funds) 163,985 12,541 83,914 137,611 245,164 Available Revenue Prior Fiscal Year (4-yr Old Funds) 89,641 163,985 12,541 83,914 137,611 Available Revenue Prior Fiscal Year (5-yr Old Funds) 6,226 89,641 163,985 12,541 83,914 Available Revenue Greater than five Prior Fiscal Years 651,799 162,864 252,505 416,490 (68,723) Total Revenue Available 1,008,106$ 650,556$ 895,720$ 1,161,218$ 1,231,270$ FY 2016/17 FY 2017/18 FY 2018/19 FY 2019/20 FY 2020/21
Expenses Allocation Current Year -$ -$ -$ -$ -$ Expenses Allocation Prior Fiscal Year (2-yr Old Funds) - - - - - Expenses Allocation Prior Fiscal Year (3-yr Old Funds) - - - - - Expenses Allocation Prior Fiscal Year (4-yr Old Funds) - - - - - Expenses Allocation Prior Fiscal Year (5-yr Old Funds) - - - - - Expense Allocation Greater than Five Prior Fiscal Years - 496,594 354 - 497,754 Total Annual Expenditures -$ 496,594$ 354$ -$ 497,754$ Electric
Five Year Revenue Test Using First in first Out Method
Five Year Expenditure to Revenue Match
FUND: 505
Statement of Revenues and Expenditures and Changes in Fund Balance for Last Five Fiscal Years

Page 31 of 40 ends

10. General City Facilities Fee Program (Fund 438)

The General City Facilities IMF was first adopted by the City Council in 1991 and was updated most recently in August of 2012 when the fee program nexus study was updated by the City’s contracted consultants, Harris & Associates and Goodwin Consulting Group.

The 2012 Nexus Study identified a need for additional library building space, a remodel of the public safety building, updates to the City’s General Plan, and the IMFP, all of which are required to serve new development.

For purposes of the study, a plan based fee methodology was used. New development is responsible for 18.53% of the cost of the General Plan Update and the Public Safety Building Remodel and 100% of the cost for both the expansion of the library and fee program updates.

There are no p rojects programmed in this fund for Fiscal Year 20 21/22. Future projects will be included in the future year CIP documents.

Required Findings

1. The purpose of the General City Facilities Fee is to fund general city facilities costs, including remodeling of the existing public safety building, updating the City’s general plan, library expansion, and fee program updates, attributable to the impact of new development.

2. The reasonable relationship between the General City Facilities Fee and the purpose for which it is charged is demonstrated in the City of Lodi Impact Mitigation Fee Program Nexus Study - 2012 Update, August 2012, effective October 14, 2012.

3. The sources and amounts of funding anticipated to fund new development’s proportionate share of existing facilities are identified in this report (shown in 20 20 dollars) and in the City of Lodi FY 2021/22 Budget and CIP . There are no projects identified for funding in the FY 2021/22 budget cycle.

4. Th e approximate date for funding and constructing some of these facilities is shown in this report. Additional projects will be included in future year CIP documents.

Page 32 of 40 ends

Beginning balance July 1, 2020 418,386$
Fees collected 388,345$
Interest earned/market loss 5,755
Misc. revenue -
Total 394,100$
Disbursements
Amount
from Fee
% Fee
Funded in
FY 21
No projects -$ 0%
Total -$
Ending balance June 30, 2021 812,486$
Planned projects for Fiscal Year 2021/22 Amount
% Fee
Funded in
FY 22
No Planned projects -$ 0%
Total Projects Planned for FY 21/22 -$

Page 33 of 40 ends

Description FY 2016/17 FY 2017/18 FY 2018/19 FY 2019/20 FY 2020/21 Revenues
Fees Collected 18,833$ 56,967$ 105,583$ 134,039$ 388,345$ Interest Earned/Mkt Gain/Loss 646 844 3,454 2,640 5,755 Misc Revenue - - - - - Total Revenues 19,478$ 57,811$ 109,037$ 136,680$ 394,100$ Expenditures
Debt Service -$ -$ -$ -$ -$ Impact Fee Administration - - - - - AB 1600 Disbursements - 1,070 265 - - Total Expenditures -$ 1,070$ 265$ -$ -$ Revenue Less Expenditures 19,478$ 56,740$ 108,773$ 136,680$ 394,100$ Fund Balance, Beginning of Year 96,715 116,193 172,933 281,706 418,386 Fund Balance, End of Year 116,193 172,933 281,706 418,386 812,486 Assigned Fund Balance 1,335 265 - - - Available Fund Balance 114,858$ 172,669$ 281,706$ 418,386$ 812,486$ Capital Improvement Projects
Project Amount Percent Funded Impact Fee Non-Impact Fee FY 2019-2020 Projects Expended by Impace Fees Expenditures Expenditures Total -$ -$ -$ Project Amount Percent Funded Impact Fee Non-Impact Fee FY 2018-2019 Projects Expended by Impace Fees Expenditures Expenditures Impact Fee Program Update 39,998 1% 265 39,733$ Total 39,998$ 265$ 39,733$ FY 2016/17 FY 2017/18 FY 2018/19 FY 2019/20 FY 2020/21
Available Revenue Current Year 19,478$ 57,811$ 109,037$ 136,680$ 394,100$ Available Revenue Prior Fiscal Year (2-yr Old Funds) 128,865 19,478 57,811 109,037 136,680 Available Revenue Prior Fiscal Year (3-yr Old Funds) 9,019 128,865 19,478 57,811 109,037 Available Revenue Prior Fiscal Year (4-yr Old Funds) 29,549 9,019 128,865 19,478 57,811 Available Revenue Prior Fiscal Year (5-yr Old Funds) 895 29,549 9,019 128,865 19,478 Available Revenue Greater than five Prior Fiscal Years (72,948) (72,053) (42,504) (33,486) 95,380 Total Revenue Available 114,858$ 172,669$ 281,706$ 418,386$ 812,486$ FY 2016/17 FY 2017/18 FY 2018/19 FY 2019/20 FY 2020/21
Expenses Allocation Current Year -$ -$ -$ -$ -$ Expenses Allocation Prior Fiscal Year (2-yr Old Funds) - - - - - Expenses Allocation Prior Fiscal Year (3-yr Old Funds) - 1,070 265 - - Expenses Allocation Prior Fiscal Year (4-yr Old Funds) - - - - - Expenses Allocation Prior Fiscal Year (5-yr Old Funds) - - - - - Expense Allocation Greater than Five Prior Fiscal Years - - - - - Total Annual Expenditures -$ 1,070$ 265$ -$ -$ Five Year Revenue Test Using First in first Out Method
Five Year Ependiture to Revenue Match
Statement of Revenues and Expenditures and Changes in Fund Balance for Last Five Fiscal Years FUND: 438
General Facilities

Page 34 of 40 ends

10. Art in Public Places Fee Program (Fund 434)

The 2012 Nexus Study identified a service standard of approximately $28 (in 2012 dollars) per person served in the City for public art. For purposes of the study, a plan based fee methodology was used based on the then existing inventory of art and its estimated value divided by the population served. New development is responsible for 100% of the new art at the $28 (in 2012 dollars) per person served standard.

Specific art pieces and specific locations for those pieces are not identified in the study , but will be determined as fee revenue becomes available.

Projects programmed in this fund for Fiscal Year 20 21/22 include Downtown Art Mural, Metal Art Sculpture, Traffic Control Box Paint and various art projects.

Required Findings

1. The purpose of the Art in Public Places Fee is to fund public art attributable to the impact of new development.

2. The reasonable relationship between the Art and Public Place Fee and the purpose for which it is charged is demonstrated in the City of Lodi Impact Mitigation Fee Program Nexus Study - 2012 Update, August 2012, effective October 14, 2012.

4. The approximate date for funding and constructing some of these facilities is dependent on availability of sufficient fee revenue. Additional projects will be included in annual budgets as revenues become available.

Page 35 of 40 ends

Beginning balance July 1, 2020 137,703$
Fees collected 51,271$
Interest earned/market loss 1,459
Misc. revenue -
Total 52,730$
Disbursements
Amount
from Fee
% Fee
Funded in
FY 21
Firefighter Memorial 15,000$ 95.2%
AIPP Various Projects 750 4.8%
Total 15,750$
Ending balance June 30, 2021 174,683$
Planned projects for Fiscal Year 2021/22 Amount
% Fee
Funded in
FY 22
Project: Miscellaneous Art 43,750 100%
Total Projects Planned for FY 21/22 43,750$

Page 36 of 40 ends

Description FY 2016/17 FY 2017/18 FY 2018/19 FY 2019/20 FY 2020/21 Revenues
Fees Collected 3,903$ 8,638$ 16,694$ 19,125$ 51,271$ Interest Earned/Mkt Gain/Loss 831 412 1,898 7,100 1,459 Misc Revenue - - - - - Total Revenues 4,734$ 9,051$ 18,592$ 26,226$ 52,730$ Expenditures
Debt Service -$ -$ -$ -$ -$ Impact Fee Administration - 46,778 5,000 1,000 - AB 1600 Disbursements 1,341 10,621 4,496 6,473 15,750 Total Expenditures 1,341$ 57,399$ 9,496$ 7,473$ 15,750$ Revenue Less Expenditures 3,393$ (48,349)$ 9,096$ 18,753$ 36,980$ Fund Balance, Beginning of Year 154,810 158,203 109,854 118,950 137,703 Miscellaneous Adjustments - - - - - Fund Balance, End of Year 158,203 109,854 118,950 137,703 174,683 Assigned Fund Balance 175 48 - - - Available Fund Balance 158,028$ 109,806$ 118,950$ 137,703$ 174,683$ Capital Improvement Projects
Project Amount Percent Funded Impact Fee Non-Impact Fee FY 2020-2021 Projects Expended by Impace Fees Expenditures Expenditures AIPP Various Projects 6,473 11.6% 750 - Firefighter Memorial 15,000 100.0% 15,000 Total 21,473$ 15,750$ -$ Project Amount Percent Funded Impact Fee Non-Impact Fee FY 2019-2020 Projects Expended by Impace Fees Expenditures Expenditures AIPP Various Projects 6,473 100.0% 6,473 - Prior Years Administration Costs 5,000 20.0% 1,000 - Total 11,473$ 7,473$ -$ FY 2016/17 FY 2017/18 FY 2018/19 FY 2019/20 FY 2020/21
Available Revenue Current Year 4,734$ 9,051$ 18,592$ 26,226$ 52,730$ Available Revenue Prior Fiscal Year (2-yr Old Funds) 18,166 4,734 9,051 18,592 26,226 Available Revenue Prior Fiscal Year (3-yr Old Funds) 2,234 18,166 4,734 9,051 18,592 Available Revenue Prior Fiscal Year (4-yr Old Funds) 5,181 2,234 18,166 4,734 9,051 Available Revenue Prior Fiscal Year (5-yr Old Funds) 502 5,181 2,234 18,166 4,734 Available Revenue Greater than five Prior Fiscal Years 127,210 70,440 66,173 60,935 63,351 Total Revenue Available 158,028$ 109,806$ 118,950$ 137,703$ 174,683$ FY 2016/17 FY 2017/18 FY 2018/19 FY 2019/20 FY 2020/21
Expenses Allocation Current Year -$ -$ -$ -$ -$ Expenses Allocation Prior Fiscal Year (2-yr Old Funds) - - - - - Expenses Allocation Prior Fiscal Year (3-yr Old Funds) - - - - - Expenses Allocation Prior Fiscal Year (4-yr Old Funds) - - - - - Expenses Allocation Prior Fiscal Year (5-yr Old Funds) - - - - - Expense Allocation Greater than Five Prior Fiscal Years 1,341 57,399 9,496 7,473 15,750 Total Annual Expenditures 1,341$ 57,399$ 9,496$ 7,473$ 15,750$ Five Year Revenue Test Using First in first Out Method
Five Year Ependiture to Revenue Match
Arts in Public Places
FUND: 434
Statement of Revenues and Expenditures and Changes in Fund Balance for Last Five Fiscal Years

Page 37 of 40 ends

11. Regional Transportation Impact Fee Program (Fund 314)

The Regional Transportation Impact Fee (RTIF) is a county -wide, multi jurisdiction capital improvement funding program intended to cover a portion of the costs for new transportation facilities required to serve new development within the County of San Joaquin.

New development throughout the county is subject to the fee. The funding derived from the RTIF program is used in combination with other funding available to complete the nee ded transportation and transit improvements. More information on the program, including the RTIF Annual Report, including the most recent Nexus report, can be found at www.sjcog.org.

Due to the regional nature of transportation impacts and the regional benefit of transportation improvements, it is likely that many projects utilizing RTIF funds collected by the City of Lodi will actually be located outside the City’s boundaries. The relationship between the impacts and benefits of the development and those projects is identified in the Nexus Study.

Required Findings

1. The purpose of the RTIF program is to provide new development’s share of funding for regional transportation improvements facilities as required at build-out of the region.

2. The rea sonable relationship between the RTIF fee and the purpose for which it is charged is demonstrated in the S an Joaquin Regional Transportation Impact Fee Nexus Study dated April 24, 2017, amended June 2018.

3. The sources and amounts of funding anticipated necessary to complete RTIF improvements are in the San Joaquin Regional Transportation Impact Fee Nexus Study dated April 24, 2017, amended June 2018 . The potential sources of funding for existing development’s share is gas tax, and other local, state, and federal funding.

4. The approximate date for funding and constructing some new facilities is shown in the SJCOG Regional Congestions Management Program report.

Page 38 of 40 ends

Beginning balance July 1, 2020 2,801,724$
Fees collected 941,698$
Interest earned/market loss 27,266
Misc. revenue -
Total 968,964$
Disbursements
Amount
from Fee
% Fee
Funded in
FY 21
No projects -$ 0%
Total -$
Ending balance June 30, 2021 3,770,688$
Planned projects for Fiscal Year 2021/22 Amount
% Fee
Funded in
FY 22
No planned projects -$ 100%
Total Projects Planned for FY 21/22 -$

Page 39 of 40 ends

Description FY 2016/17 FY 2017/18 FY 2018/19 FY 2019/20 FY 2020/21 Revenues
Fees Collected 983,822$ 585,263$ 618,293$ 1,032,457$ 941,698$ Interest Earned/Mkt Gain/Loss 4,565 4,002 19,652 142,838 27,266 Misc. Revenue - - - - - Total Revenues 988,387$ 589,265$ 637,946$ 1,175,295$ 968,964$ Expenditures
Debt Service -$ -$ -$ -$ -$ Impact Fee Administration - - - - - AB 1600 Disbursements 449,530 883,247 6,757 - - Total Expenditures 449,530$ 883,247$ 6,757$ -$ -$ Revenue Less Expenditures 538,857$ (293,982)$ 631,188$ 1,175,295$ 968,964$ Fund Balance, Beginning of Year 750,367 1,289,223 995,241 1,626,430 2,801,724 Fund Balance, End of Year 1,289,223 995,241 1,626,430 2,801,724 3,770,688 Assigned Fund Balance 298,414 7,154 - - - Available Fund Balance 990,809$ 988,088$ 1,626,430$ 2,801,724$ 3,770,688$ Capital Improvement Projects
Project Amount Percent Funded Impact Fee Non-Impact Fee FY 2020-2021 Projects Expended by Impact Fees Expenditures Expenditures Total -$ -$ -$ Project Amount Percent Funded Impact Fee Non-Impact Fee FY 2019-2020 Projects Expended by Impact Fees Expenditures Expenditures Total -$ -$ -$ FY 2016/17 FY 2017/18 FY 2018/19 FY 2019/20 FY 2020/21
Available Revenue Current Year 988,387$ 589,265$ 637,946$ 1,175,295$ 968,964$ Available Revenue Prior Fiscal Year (2-yr Old Funds) 679,417 988,387 589,265 637,946 1,175,295 Available Revenue Prior Fiscal Year (3-yr Old Funds) 92,519 679,417 988,387 589,265 637,946 Available Revenue Prior Fiscal Year (4-yr Old Funds) 37,041 92,519 679,417 988,387 589,265 Available Revenue Prior Fiscal Year (5-yr Old Funds) 411,444 37,041 92,519 679,417 988,387 Available Revenue Greater than five Prior Fiscal Years (1,217,997) (1,398,540) (1,361,103) (1,268,585) (589,168) Total Revenue Available 990,809$ 988,088$ 1,626,430$ 2,801,724$ 3,770,688$ FY 2016/17 FY 2017/18 FY 2018/19 FY 2019/20 FY 2020/21
Expenses Allocation Current Year 382,530$ 277,391$ (305,118)$ (943,063)$ (2,118,358)$ Expenses Allocation Prior Fiscal Year (2-yr Old Funds) 67,000 605,857 311,875 943,063 2,118,358 Expenses Allocation Prior Fiscal Year (3-yr Old Funds) - - - - - Expenses Allocation Prior Fiscal Year (4-yr Old Funds) - - - - - Expenses Allocation Prior Fiscal Year (5-yr Old Funds) - - - - - Expense Allocation Greater than Five Prior Fiscal Years - - - - - Total Annual Expenditures 449,530$ 883,247$ 6,757$ -$ -$ Statement of Revenues and Expenditures and Changes in Fund Balance for Last Five Fiscal Years FUND: 314
Regional Transportation
Five Year Revenue Test Using First in first Out Method
Five Year Expenditure to Revenue Match

Page 40 of 40 ends

Regional Transportation Impact Fee
July 1, 2020 through June 30, 2021

FY 20/21 Fee Rates
Land Use Type Fee Rate
Single Family Residential (DUE) $3,510.92
Single Fam. - Smart Growth Rate $2,984.28
Multi-Family Residential (DUE) $2,106.55
Multi-Fam. - Smart Growth Rate $1,790.57
Retail (Sq. Feet) $1.40
Office (Sq. Feet) $1.76
Commercial / Industrial (Sq. Feet) $1.06
Warehouse (Sq. Feet) $0.44
Other (Per Trip) $108.26

RESOLUTION NO. 2022-____

A RESOLUTION OF THE LODI CITY COUNCIL

APPROVING THE IMPACT MITIGATION FEE PROGRAM
ANNUAL REPORT FOR FISCAL YEAR 2020/21
======================================================================= WHEREAS, in accordance with the State’s annual reporting requirements, certain findings are required to be made regarding unexpended development impact fees in connection with consideration of the annual development impact fee report; and

WHEREAS, the Impact Mitigation Fee Program Annual Repor t for Fiscal Year 2020/21 identifies impact fee programs for which there are unexpended development impact fees for which findings are required and the required findings are included in the report; and

NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve the Impact Mitigation Fee (IMF) Program Annual Report for Fiscal Year 2020/21, as shown in Exhibit A and made part of this Resolution.

Dated: January 5, 2022
=======================================================================

I hereby certify that Resolution No. 2022-____ was passed and adopted by the City Council of the City of Lodi in a regular meeting held January 5, 2022 by the following votes:

AYES: COUNCIL MEMBERS –

NOES: COUNCIL MEMBERS –

ABSENT: COUNCIL MEMBERS –

ABSTAIN: COUNCIL MEMBERS –

JENNIFER CUSMIR
City Clerk

2022-____
Annual Impact Mitigation Fee Program Report
For the City of Lodi
For Fiscal Year 2020-21
This report contains information on the City of Lodi ’s Impact Mitigation Fee Programs (IMFP) for Fiscal Year 2020/21. This information is presented to comply with the annual reporting requirements contained in Government Code section 66000 et seq., also known as A B1600. Please n ote that this annual report is not a budget document or audited financial statement ; rather, it is compile d to meet reporting requirements. It reports revenues and expenditures for Fiscal Year 2020/21, and planned projects. The City Capital Improvement Program (CIP) includes information for funded projects. The projects listed in this report will be recommended to Council for inclusion in the 20 21-2026 CIP. This report summarizes revenue and expenditure activity and fund balance since FY2016/17, and provides a 5-year revenue test using oldest revenues first to fund expenditures as required by AB 1600.

G
overnment Code 66006 requires local agencies to submit annual and five -year reports detailing the status of the IMFP. The annual report must be made available to the public within 180 days after the last day of the fiscal y ear, and must be presented to the public agency (City Council) at least 15 days after it is made available to the public.

This report summarizes the following information for each of the development fee programs:

1. A br
ief description of the fee program.

2. S
chedule of fees.

3. Be
ginning and ending balances of the fee program.

4. Am
ount of fees collected, interest earned, and transfers/loans.

5. D
isbursement information (including interfund transfers/loans) and percentage of the project funded by fees.

6. A d
escription of each interfund loan along with the date the loan will be repaid and the rate of interest.

7. T
he estimated date when projects will begin if sufficient revenues are available to construct the project.

8. F
indings for each fee program.

More detailed information on certain elements of the various fees within the IMFP is available through other documents such as the Nexus Study approved by Resolution 2012- 142, the IMFP Amendment approved by Resolution 2013- 184, Resolution 2016- 88 which eliminated previously authorized fee reductions enacted to incentivize development, and Exhibit A

Page 2 of 40 ends

the City’s Annual Budget. In the future, the CIP will contain relevant program information as well. The City does not earmark IMFP revenue for any specific project as the fees are collected; rather, the fees are applied toward a series of capital i mprovement projects authorized within the specific IMFP . No refunds were made during F iscal Year 2020/21 pursuant to subdivision (e) of Section 66001 and any allocation pursuant to subdivision (f) of Section 66001.

Page 3 of 40 ends

TABLE OF CONTENTS

Citywide Impact Mitigation Fee Program

Presentation of Information by Fund……………………………….....4

City Impact Mitigation Fee Schedule……………………………….....5

Impact Mitigation Fee Programs
Water................................................................................................... 6 Wastewater ......................................................................................... 9 Storm Drainage ................................................................................. 13 Transportation .................................................................................. 16 Police ................................................................................................. 19 Fire ..................................................................................................... 22 Parks .................................................................................................. 25 Electric Utility .................................................................................... 28 General City Facilities ........................................................................ 31 Art in Public Place .............................................................................. 34 City of Lodi Fee Schedule .................................................................. 37 Regional Transportation .................................................................... 40

Page 4 of 40 ends

Presentation of Information by Fund

This report presents information by Fund starting with a summary overview of FY2020/21 Revenues and Expenses, FY2020/21 Project disbursements, and Projects for FY2020/21.

Following this overview is a more detailed 5-year review of revenues and expenses and fund balance to demonstrate both the collection and use of the fees over time.

The report presents the total FY2020/21 and FY2019/20 Project Amounts funded from impact fees and the percent funded from non-fee sources. The revenue table identifies the age of the total revenue available or available fund balance by demonstrating which fiscal year received the revenue. The 5-year Expenditure table presents the use of revenue collected in the year that funded the project. This demonstrates that the oldest revenue is spent before new funds, also known as the First-in, First-out (FIFO) basis.

Page 5 of 40 ends

City Impact Mitigation Fee Schedule

Page 6 of 40 ends

Water Fee (Fund 562)

The Water IMF was first adopted by the City Council in 1991 and was updated most recently in August of 2012 when the fee program nexus study was updated by the City’s contracted consultants, Harris & Associates and Goodwin Consulting Group.

The 2012 Nexus Study identified a current over build of treatment capacity and a need for new water supply facilities at buildout. The total estimated cost of treatment facilities was included in the Nexus Study and totaled $71.6 Million in 2012 dollars ( including debt service). The total estimated new water supply facilities cost was included in the Nexus Study and totaled $4 Million in 2012 dollars.

For purposes of the 2012 study, a plan-based fee calculation methodology was used. Each unit was assumed to receive a blended water supply of groundwater and surface water consistent with the system wide ratios of ground water to surface water supplies. For treatment, 18.68% of costs are attributable to new development. For supply, 100% of the costs are attributable to new development. There is no existing deficiency as current treatment and storage needs are met by current facilities.

Ending Balance for June 30, 2021 is what is shown as the balance on the City's records, and which may include several different asset and liability accounts not depicted below, but which still affect ending balance.

There are no p rojects programmed in this fund for Fiscal Year 2021 /22. Future projects will be included in the future year CIP documents.

Required Findings

1. The purpose of the Water Fee is to fund water facility costs, including construction of a new storage tank, construction of a new well, and a proportionate share of treatment capacity.

2. The reasonable relationship between the Water Fee and the pur pose for which it is charged is demonstrated in the City of Lodi Impact Mitigation Fee Program Nexus Study - 2012 Update August 2012, effective October 14, 2012.

3. The sources and amounts of funding anticipated to complete the future City water facilities or to fund new development’s proportionate share of existing facilities are identified in this report and the City of Lodi CIP with the FY 2021/22 budget cycle (shown in 2020 dollars). There are no projects identified for funding in the FY 2021/22 budget cycle.

4. The approximate date for funding and constructing the new water supply facility is not known at this time due to the City’ slow rate of growth, but will be necessary to serve cumulative new development. Debt service for the treatment pla nt is scheduled to continue through June 1, 2040. Additional projects will be included in future year CIP documents.

Page 7 of 40 ends

Note: Beginning and ending balance reflects loan receivable balance due to the Water IMF Fee from the Fire IMF Fee. As of June 30, 2021, the loan balance was $148,875.

Loan to Fire IMF from Water IMF
Beginning balance July 1, 2020 444,462$
Payments received (295,830)$
Accrued interest 243
Ending balance June 30, 2021 148,875$

Page 8 of 40 ends

Description FY 2016/17 FY 2017/18 FY 2018/19 FY 2019/20 FY 2020/21 Revenues
Fees Collected 206,847$ 362,481$ 528,885$ 618,182$ 1,165,001$ Interest Earned/Mkt Gain/Loss 2,865 396 78,799 131,625 26,312 Misc. Revenue - - - - - Total Revenues 209,712$ 362,877$ 607,684$ 749,806$ 1,191,312$ Expenditures
Debt Service -$ -$ 500,000$ -$ -$ Impact Fee Administration - - - - - AB 1600 Disbursements - 5,387 1,328 - - Total Expenditures -$ 5,387$ 501,328$ -$ -$ Revenue Less Expenditures 209,712$ 357,490$ 106,356$ 749,806$ 1,191,312$ Fund Balance, Beginning of Year 1,572,591 1,782,303 2,139,793 2,246,149 2,995,955 Fund Balance, End of Year 1,782,303 2,139,793 2,246,149 2,995,955 4,187,267 Assigned Fund Balance 6,715 1,328 - - - Available Fund Balance 1,775,588$ 2,138,465$ 2,246,149$ 2,995,955$ 4,187,267$ Capital Improvement Projects
Project Amount Percent Funded Impact Fee Non-Impact Fee FY 2020-2021 Projects Expended by Impact Fees Expenditures Expenditures Total -$ -$ -$ Project Amount Percent Funded Impact Fee Non-Impact Fee FY 2019-2020 Projects Expended by Impact Fees Expenditures Expenditures Total -$ -$ -$ FY 2016/17 FY 2017/18 FY 2018/19 FY 2019/20 FY 2020/21
Available Revenue Current Year 209,712$ 362,877$ 607,684$ 749,806$ 1,191,312$ Available Revenue Prior Fiscal Year (2-yr Old Funds) 334,514 209,712 362,877 607,684 749,806 Available Revenue Prior Fiscal Year (3-yr Old Funds) 20,558 334,514 209,712 362,877 607,684 Available Revenue Prior Fiscal Year (4-yr Old Funds) 60,408 20,558 334,514 209,712 362,877 Available Revenue Prior Fiscal Year (5-yr Old Funds) 2,856 60,408 20,558 334,514 209,712 Available Revenue Greater than five Prior Fiscal Years 1,147,540 1,150,395 710,804 731,361 1,065,876 Total Revenue Available 1,775,588$ 2,138,465$ 2,246,149$ 2,995,955$ 4,187,267$ FY 2016/17 FY 2017/18 FY 2018/19 FY 2019/20 FY 2020/21
Expenses Allocation Current Year -$ -$ -$ -$ -$ Expenses Allocation Prior Fiscal Year (2-yr Old Funds) - - - - - Expenses Allocation Prior Fiscal Year (3-yr Old Funds) - - - - - Expenses Allocation Prior Fiscal Year (4-yr Old Funds) - - - - - Expenses Allocation Prior Fiscal Year (5-yr Old Funds) - - - - - Expense Allocation Greater than Five Prior Fiscal Years - 5,387 501,328 - - Total Annual Expenditures -$ 5,387$ 501,328$ -$ -$ Statement of Revenues and Expenditures and Changes in Fund Balance for Last Five Fiscal Years FUND: 562
Water
Five Year Revenue Test Using First in first Out Method
Five Year Expenditure to Revenue Match

Page 9 of 40 ends

2. Wastewater Fee Program (Fund 533)

Wastewater Treatment IMF
The Wastewater Treatment IMF was first adopted by the City Council in 1991 and was updated most recently in August of 2012 when the fee program nexus study was updated by the City’s contracted consultants, Harris & Associates and Goodwin Consulting Group.

The 2012 Nexus Study identified a need for the South Wastewater Trunk Line to support development in the southern area of the City . New development will be required to fund a proportionate share of existing overbuilt infrastructure and future infrastructure required to serve new development needs (including potential financing costs) . Only properties benefiting from the South Wastewater Trunk Line will be required to pay this fee.

For purposes of the study, a plan- based fee calculation methodology was used. There are no existing deficiencies in this fee program. This fee program uses a full buildout projection, rather than the 2035 projection because the facilities will serve the entire buildout population.

There currently are no projects programmed in this fund as all facilities have been constructed.

Required Findings

1. The purpose of the Wastewater Fee is to fund waste water facility costs, including a proportionate share of the wastewater treatment plant.

2. The reasonable relationship between the Wastewater Treatment Fee and the purpose for which it is charged is demonstrated in the City of Lodi Impact Mitigation Fee Program Nexus Study - 2012 Update, August 15, 2012, effective October 14, 2012.

3. The sources and amounts of funding anticipated to complete the future City waste water facilities or to fund new development’s proportionate share of existing facilities are identified in this report and the City of Lodi CIP with the FY 202 1/22 budget cycle (shown in 20 20 dollars).

There are no projects identified for funding in the FY 2021/22 budget cycle.

4. Facilities in this program have already been constructed. Fee revenue pays development’s proportionate cost of currently overbuilt facilities. Current debt service is scheduled to continue through October 1, 2037.

South Wastewater Trunk Line IMF
The Wastewater Treatment IMF was first adopted by the City Council in 1991 and was updated most recently in August of 2012 when the fee program nexus study was updated by the City’s contracted consultants, Harris & Associates and Goodwin Consulting Group.

Page 10 of 40 ends

The 2012 Nexus Study identified a current over build of wastewater treatment capacity and no need for additional treatment facilities at buildout. Current facilities are built such that 100% of the facilities needed to serve new development at buildout have already been constructed and financed. Wastewater fee revenue will be used solely to fund debt service on bonds issued to deliver improvements.

For purposes of the study, a plan-based incremental cost fee calculation methodology was used.

Debt instruments have been issued at various times for the different phases of wastewater improvements. In all, 45.3% of outstanding debt is attributable to new development and up to

45.3% of outstanding debt costs as of August 2012 can be paid for from the Wastewater Fee.

There are no existing deficiencies as 100% of buildout needs are served by current infrastructure.

This zone based IMF program funds new development's fair share of the South Wastewater Trunk Line serving the South Area.

There are no p rojects programmed in this fund for Fiscal Year 20 21/22. Future projects will be included in the future year CIP documents.

Required Findings

1. The purpose of the South Wastewater Trunk Line Fee is to fund costs associated with the South Sewer Trunk Line facility that is required to serve future development in the South Area.

2. The reasonable relationship between the South Wastewater Trunk Line Fee and the purpose for which it is charged is demonstrated in the City of Lodi Impact Mitigation Fee Program Nexus Study - 2012 Update, August 2012, effective October 14, 2012.

3. The sources and amounts of funding anticipated to complete the future South Sewer Trunk Line are identified in this report and the City of Lodi CIP with the FY 2021/22 budget cycle (shown in 2020 dollars). There are no projects identified for funding in the FY 2021/22 budget cycle.

4. The approximate date for fully funding and constructing the complete South Wastewater Trunk Line is not known at this time due to the City’s slow rate of growth, but will be necessary to serve cumulative new development.

Page 11 of 40 ends

Beginning balance July 1, 2020 1,500,409$
Fees collected 1,829,724$
Interest earned/market loss 18,700
Misc. revenue
Total 1,848,425$
Disbursements
Amount
from Fee
% Fee
Funded in
FY 21
Debt Service - Future Users - 0%
Total -$
Ending balance June 30, 2021 3,348,834$
Planned projects for Fiscal Year 2021/22 Amount
% Fee
Funded in
FY 22
No planned projects -$ 0
Total Projects Planned for FY 21/22 -$

Page 12 of 40 ends

*No debt service in FY16/17 due to debt refunding.

Description FY 2016/17 FY 2017/18 FY 2018/19 FY 2019/20 FY 2020/21 Revenues
Fees Collected 560,702$ 585,173$ 835,311$ 843,146$ 1,829,724$ Interest Earned/Mkt Gain/Loss 5,158 7,836 25,145 106,363 18,700 Misc. Revenue - - - - 19 Total Revenues 565,860$ 593,009$ 860,455$ 949,509$ 1,848,444$ Expenditures
Debt Service -$ 500,000$ 570,600$ 657,689$ -$ Impact Fee Administration - - - - - AB 1600 Disbursements - 7,336 1,809 - - Total Expenditures -$ 507,336$ 572,409$ 657,689$ -$ Revenue Less Expenditures 565,860$ 85,673$ 288,046$ 291,820$ 1,848,444$ Fund Balance, Beginning of Year 268,989 834,849 920,523 1,208,569 1,500,389 Fund Balance, End of Year 834,849 920,523 1,208,569 1,500,389 3,348,833 Assigned Fund Balance 9,145 1,809 - - - Available Fund Balance 825,704$ 918,713$ 1,208,569$ 1,500,389$ 3,348,833$ Capital Improvement Projects
Project Amount Percent Funded Impact Fee Non-Impact Fee FY 2020-2021 Projects Expended by Impact Fees Expenditures Expenditures Debt Service - Future Users 2,116,195 0% - 2,116,195 Total 2,116,195$ -$ 2,116,195$ Project Amount Percent Funded Impact Fee Non-Impact Fee FY 2019-2020 Projects Expended by Impact Fees Expenditures Expenditures Debt Service - Future Users 2,116,195 31% 657,689 1,458,506 Total 2,116,195$ 657,689$ 1,458,506$
FY 2016/17 FY 2017/18 FY 2018/19 FY 2019/20 FY 2020/21
Available Revenue Current Year 565,860$ 593,009$ 860,455$ 949,509$ 1,848,444$ Available Revenue Prior Fiscal Year (2-yr Old Funds) 426,259 565,860 593,009 860,455 949,509 Available Revenue Prior Fiscal Year (3-yr Old Funds) 78,062 426,259 565,860 593,009 860,455 Available Revenue Prior Fiscal Year (4-yr Old Funds) 48,893 78,062 426,259 565,860 593,009 Available Revenue Prior Fiscal Year (5-yr Old Funds) 37,473 48,893 78,062 426,259 565,860 Available Revenue Greater than five Prior Fiscal Years (330,843) (793,370) (1,315,077) (1,894,703) (1,468,444) Total Revenue Available 825,704$ 918,713$ 1,208,569$ 1,500,389$ 3,348,833$ FY 2016/17 FY 2017/18 FY 2018/19 FY 2019/20 FY 2020/21
Expenses Allocation Current Year -$ -$ -$ -$ -$ Expenses Allocation Prior Fiscal Year (2-yr Old Funds) - 438,347 - - - Expenses Allocation Prior Fiscal Year (3-yr Old Funds) - 68,989 411,377 797,192 703,197 Expenses Allocation Prior Fiscal Year (4-yr Old Funds) - - 161,032 (139,503) (703,197) Expenses Allocation Prior Fiscal Year (5-yr Old Funds) - - - - - Expense Allocation Greater than Five Prior Fiscal Years - - - - - Total Annual Expenditures -$ 507,336$ 572,409$ 657,689$ -$ Five Year Expenditure to Revenue Match
Five Year Revenue Test Using First in first Out Method
Statement of Revenues and Expenditures and Changes in Fund Balance for Last Five Fiscal Years FUND: 533
Wastewater

Page 13 of 40 ends

3. Storm Drainage Fee (Funds 535)

The Storm Drainage IMF was first adopted by the City Council in 1991 and was updated most recently in August of 2012 when the fee program nexus study was updated by the City’s contracted consultants, Harris & Associates and Goodwin Consulting Group.

The 2012 Nexus Study identified the need for new Storm Drainage Basin areas to serve the needs of new development. The 2012 Nexus Study determined that in some areas, new development would be responsible for fully constructing and funding its own infrastructure demands. In other areas, a fee is required to facilitate the construction of necessary improvements. Additionally, Zone 2 was established on areas outside the City in anticipation of a potential annexation and development.

For purposes of this study , a plan based fee methodology was used. There are no existing deficiencies in this program. Current development is served by current infrastructure. Future development will either directly construct and finance its own storm drainage facilities, or pay into this fee program, depending on its geography within the City. This zone based IMF program funds new development's fair share of storm drainage facilities necessary to serve each zone’s needs.

There are no projects programmed in this fund for FY 2021/22. All facilities in this program have been constructed or will be privately funded.

Required Findings

1. The purpose of the Storm Drainage fee is to fund the storm drainage costs that include a proportionate share of storm drainage basins and pipe costs depending on the geography of each project.

2. The reasonable relationship between the storm drainage fee and the purpose for which it is charged is demonstrated in the City of Lodi Impact Mitigation Fee Program Nexus Study - 2012 Update, August 2012, effective October 14, 2012.

3. The sources and amounts of funding anticipated to complete the future storm drainage facilities are identified in this report and the City of Lodi CIP with the FY 202 1/22 budget cycle (shown in 2020 dollars).

4. The approximate date for funding and constructing these facilities is not shown in this report.

Future projects will be included in future year CIP documents. There are no projects identified for funding in the FY 2021/22 budget cycle.

Page 14 of 40 ends

Beginning balance July 1, 2020 1,556,039$
Fees collected 649,922$
Interest earned/market loss 18,968
Misc. revenue -
Total 668,890$
Disbursements
Amount
from Fee
% Fee
Funded in
FY 21
No projects -$ 0%
Total -$
Ending balance June 30, 2021 2,224,929$
Planned projects for Fiscal Year 2021/22 Amount
% Fee
Funded in
FY 22
No planned projects -$ 0%
Total Projects Planned for FY 21/22 -$

Page 15 of 40 ends

Description FY 2016/17 FY 2017/18 FY 2018/19 FY 2019/20 FY 2020/21 Revenues
Fees Collected 37,850$ 13,335$ 272,270$ 232,393$ 649,922$ Interest Earned/Mkt Gain/Loss 5,484 3,138 16,337 79,126 18,968 Misc. Revenue - - - - - Total Revenues 43,333$ 16,473$ 288,607$ 311,520$ 668,890$ Expenditures
Debt Service -$ -$ -$ -$ -$ Impact Fee Administration - - - - - AB 1600 Disbursements - 2,418 597 - - Total Expenditures -$ 2,418$ 597$ -$ -$ Revenue Less Expenditures 43,333$ 14,055$ 288,010$ 311,520$ 668,890$ Fund Balance, Beginning of Year 899,121 942,455 956,510 1,244,520 1,556,039 Fund Balance, End of Year 942,455 956,510 1,244,520 1,556,039 2,224,929 Assigned Fund Balance 3,015 597 - - - Available Fund Balance 939,440$ 955,913$ 1,244,520$ 1,556,039$ 2,224,929$ Capital Improvement Projects
Project Amount Percent Funded Impact Fee Non-Impact Fee FY 2020-2021 Projects Expended by Impact Fees Expenditures Expenditures Total -$ -$ -$ Project Amount Percent Funded Impact Fee Non-Impact Fee FY 2019-2020 Projects Expended by Impact Fees Expenditures Expenditures Total -$ -$ -$ FY 2016/17 FY 2017/18 FY 2018/19 FY 2019/20 FY 2020/21
Available Revenue Current Year 43,333$ 16,473$ 288,607$ 311,520$ 668,890$ Available Revenue Prior Fiscal Year (2-yr Old Funds) 53,461 43,333 16,473 288,607 311,520 Available Revenue Prior Fiscal Year (3-yr Old Funds) 111,320 53,461 43,333 16,473 288,607 Available Revenue Prior Fiscal Year (4-yr Old Funds) 135,497 111,320 53,461 43,333 16,473 Available Revenue Prior Fiscal Year (5-yr Old Funds) - 135,497 111,320 53,461 43,333 Available Revenue Greater than five Prior Fiscal Years 595,829 595,829 731,325 842,645 896,106 Total Revenue Available 939,440$ 955,913$ 1,244,520$ 1,556,039$ 2,224,929$ FY 2016/17 FY 2017/18 FY 2018/19 FY 2019/20 FY 2020/21
Expenses Allocation Current Year -$ -$ -$ -$ -$ Expenses Allocation Prior Fiscal Year (2-yr Old Funds) - - - - - Expenses Allocation Prior Fiscal Year (3-yr Old Funds) - - - - - Expenses Allocation Prior Fiscal Year (4-yr Old Funds) - - - - - Expenses Allocation Prior Fiscal Year (5-yr Old Funds) - - - - - Expense Allocation Greater than Five Prior Fiscal Years - 2,418 597 - - Total Annual Expenditures -$ 2,418$ 597$ -$ -$ Statement of Revenues and Expenditures and Changes in Fund Balance for Last Five Fiscal Years FUND: 535
Storm Drain
Five Year Revenue Test Using First in first Out Method
Five Year Expenditure to Revenue Match

Page 16 of 40 ends

4. Transportation Fee Program (Fund 308)

The Transportation IMF was first adopted by the City Council in 1991 and was updated most recently in August of 2012 when the fee program nexus study was updated by the City’s contracted consultants, Harris & Associates and Goodwin Consulting Group.

The 2012 Nexus Study identified $33.7 million in combined traffic signal and roadway improvements needed to serve the City. The overwhelming majority (92%) of the Harney Lane improvements were anticipated to be funded by sources outside the IMFP. The large majority (60%) of the Victor Rd. improvements are also anticipated to be funded by sources outside the IMFP. The Harney Lane project was completed in the summer of 2018. The 2012 Nexus Study anticipated $2,130,000 in 2012 dollars to be spent from the IMF P on the Harney Lane project.

The project was completed without using IMFP funds, leaving the balance available for other listed IMFP improvements. Traffic Signals are included in the Transportation IMF based on new developments share of trips through the various intersections. New developments share ranges from 20-100% of each project with new developments share identified in the nexus study.

For purposes of the study, a plan-based fee calculation methodology was used. Trip generation rates and pass -by trip percentages were used to develop DUE factors for each land use type.

These DUE factors were then used to allocate costs to each land use type. There is no existing deficiency as current treatment and storage needs are met by current facilities.

Projects programmed in this fund for Fis cal Year 2020 /21 include New Signal at Victor/Guild Roads and Turner Road. Future projects will be included in the future year CIP documents.

Required Findings

1. The purpose of the Transportation fee is to fund traffic facility costs that include a proportionate share of new traffic signals and road widening projects.

2. The reasonable relationship between the transportation fee and the purpose for which it is charged is demonstrated in the City of Lodi Impact Mitigation Fee Program Nexus Study - 2012 Update, August 2012, effective October 14, 2012.

3. The sources and amounts of funding anticipated to complete future transportation facilities are identified in this report and the City of Lodi CIP with the FY 20 21/22 budget cycle (shown in 2020 dollars).

4. The approximate date for funding and constructing some of these facilities is shown in this report. Additional projects will be included in future year CIP documents.

Page 17 of 40 ends

Beginning balance July 1, 2020 1,332,060$
Fees collected 569,911$
Interest earned/market loss 15,628
Misc. revenue -
Total 585,539$
Disbursements
Amount
from Fee
% Fee
Funded in
FY 21
Victor/Guild Signal 3,380$ 3%
Total 3,380$
Ending balance June 30, 2021 1,914,220$
Planned projects for Fiscal Year 2021/22 Amount
% Fee
Funded in
FY 22
Project: Turner/CA Signal 80,000 14%
Project: Signal Victor/Guild Roads 759,300 99% Total Projects Planned for FY 21/22 839,300$

Page 18 of 40 ends

Description FY 2016/17 FY 2017/18 FY 2018/19 FY 2019/20 FY 2020/21 Revenues
Fees Collected 75,550$ 97,819$ 189,815$ 202,351$ 569,911$ Interest Earned/Mkt Gain/Loss 4,696 458 16,821 68,921 15,628 Misc. Revenue
Total Revenues 80,246$ 98,277$ 206,636$ 271,272$ 585,539$ Expenditures
Debt Service -$ -$ -$ -$ -$ Impact Fee Administration - - - - - AB 1600 Disbursements 13,706 23,084 9,199 1,320 3,380 Total Expenditures 13,706$ 23,084$ 9,199$ 1,320$ 3,380$ Revenue Less Expenditures 66,541$ 75,193$ 197,437$ 269,952$ 582,159$ Fund Balance, Beginning of Year 722,938 789,478 864,672 1,062,109 1,332,061 Fund Balance, End of Year 789,478 864,672 1,062,109 1,332,061 1,914,220 Assigned Fund Balance 34,561 17,759 - - - Available Fund Balance 754,918$ 846,912$ 1,062,109$ 1,332,061$ 1,914,220$ Capital Improvement Projects
Project Amount Percent Funded Impact Fee Non-Impact Fee FY 2020-2021 Projects Expended by Impact Fees Expenditures Expenditures Victor/Guild Signal 44,589 8% 3,380 41,209 Total 44,589$ 3,380$ 41,209$ Project Amount Percent Funded Impact Fee Non-Impact Fee FY 2019-2020 Projects Expended by Impact Fees Expenditures Expenditures Victor/Guild Signal 44,589 3% 1,320 43,269 Total 44,589$ 1,320$ 43,269$ FY 2016/17 FY 2017/18 FY 2018/19 FY 2019/20 FY 2020/21
Available Revenue Current Year 80,246$ 98,277$ 206,636$ 271,272$ 585,539$ Available Revenue Prior Fiscal Year (2-yr Old Funds) 368,439 80,246 98,277 206,636 271,272 Available Revenue Prior Fiscal Year (3-yr Old Funds) 24,162 368,439 80,246 98,277 206,636 Available Revenue Prior Fiscal Year (4-yr Old Funds) 97,266 24,162 368,439 80,246 98,277 Available Revenue Prior Fiscal Year (5-yr Old Funds) 3,794 97,266 24,162 368,439 80,246 Available Revenue Greater than five Prior Fiscal Years 181,010 178,521 284,348 307,190 672,249 Total Revenue Available 754,918$ 846,912$ 1,062,109$ 1,332,061$ 1,914,220$ FY 2016/17 FY 2017/18 FY 2018/19 FY 2019/20 FY 2020/21
Expenses Allocation Current Year -$ -$ -$ -$ -$ Expenses Allocation Prior Fiscal Year (2-yr Old Funds) - - - - - Expenses Allocation Prior Fiscal Year (3-yr Old Funds) - - - - - Expenses Allocation Prior Fiscal Year (4-yr Old Funds) - - - - - Expenses Allocation Prior Fiscal Year (5-yr Old Funds) - - - - - Expense Allocation Greater than Five Prior Fiscal Years 13,706 23,084 9,199 1,320 3,380 Total Annual Expenditures 13,706$ 23,084$ 9,199$ 1,320$ 3,380$ Statement of Revenues and Expenditures and Changes in Fund Balance for Last Five Fiscal Years FUND: 308
Streets
Five Year Expenditure to Revenue Match
Five Year Revenue Test Using First in first Out Method

Page 19 of 40 ends

6. Police Fee Program (Fund 435)

The Police IMF was first adopted by the City Council in 1991 and was updated most recently in August of 2012 when the fee program nexus study was updated by the City’s contracted consultants, Harris & Associates and Goodwin Consulting Group.

The 2012 Nexus Study identified that the current police station is adequate to serve the City’s needs through 2035 . New development will drive the need for new police personnel who will occupy space within the existing police station. Therefore it is appropriate for new development to fund its share of the existing police station, including debt service.

For purposes of the study, a plan based fee methodology was used establishing a level of service standard of 1.70 police personnel (this includes both sword and non-sworn officers) per thousand residents was used. There are no existing deficiencies in this fee program. Based on this methodology, 85% of the cost of the police station is allocated to existing development or development beyond 2035. The remaining 15% is allocated to anticipated development through 2035. A total of $4 .1 Million of debt service cost is eligible for allocation to new development.

In addition, $434,000 in vehicle costs (in 2012 dollars) was allocated to new development. These are the new vehicles required to serve new officers required by new development.

There are no programmed projects for FY 20 21/22 in this fund. New vehicle purchases are planned only as new officers are hired to serve new development. Future projects will be included in the future year CIP documents.

Required Findings

1. The purpose of the Police Fee is to fund police-related capital costs, including financing costs, attributable to the impact from new development.

2. The reasonable relationship between the Police Fee and the purpose for which it is charged is demonstrated in the City of Lodi Impact Mitigation Fee Program Nexus Study - 2012 Update, August 2012, effective October 14, 2012.

3. The sources and amounts of funding anti cipated to fund new development’s proportionate share of existing facilities or vehicle costs are identified in this report (shown in 2020 dollars).

4. Facilities in this program have already been constructed. Fee revenue pays development’s proportionate cost of currently overbuilt facilities , including debt service. Additionally, fee revenue will fund new development’s proportion cost of new vehicle costs to support new officers through 2035.

Page 20 of 40 ends

Beginning balance July 1, 2020 625,388$
Fees collected 474,003$
Interest earned/market loss 7,819
Misc. revenue -
Total 481,822$
Disbursements
Amount
from Fee
% Fee
Funded in
FY 21
No projects -$ 0%
Total -$
Ending balance June 30, 2021 1,107,210$
Planned projects for Fiscal Year 2021/22 Amount
% Fee
Funded in
FY 22
No planned projects -$ 0%
Total Projects Planned for FY 21/22 -$

Page 21 of 40 ends

Description FY 2016/17 FY 2017/18 FY 2018/19 FY 2019/20 FY 2020/21 Revenues
Fees Collected 21,295$ 69,662$ 127,880$ 164,537$ 474,003$ Interest Earned/Mkt Gain/Loss 1,231 801 5,758 32,267 7,819 Misc. Revenue - - - - - Total Revenues 22,526$ 70,463$ 133,638$ 196,804$ 481,822$ Expenditures
Debt Service -$ -$ -$ -$ -$ Impact Fee Administration - - - - - AB 1600 Disbursements - 1,309 323 - - Total Expenditures -$ 1,309$ 323$ -$ -$ Revenue Less Expenditures 22,526$ 69,154$ 133,315$ 196,804$ 481,822$ Fund Balance, Beginning of Year 203,589 226,115 295,269 428,584 625,388 Fund Balance, End of Year 226,115 295,269 428,584 625,388 1,107,210 Assigned Fund Balance 1,632 323 - - - Available Fund Balance 224,483$ 294,946$ 428,584$ 625,388$ 1,107,210$ Capital Improvement Projects
Project Amount Percent Funded Impact Fee Non-Impact Fee FY 2020-2021 Projects Expended by Impact Fees Expenditures Expenditures Total -$ -$ -$ Project Amount Percent Funded Impact Fee Non-Impact Fee FY 2019-2020 Projects Expended by Impact Fees Expenditures Expenditures Total -$ -$ -$ FY 2016/17 FY 2017/18 FY 2018/19 FY 2019/20 FY 2020/21
Available Revenue Current Year 22,526$ 70,463$ 133,638$ 196,804$ 481,822$ Available Revenue Prior Fiscal Year (2-yr Old Funds) 156,165 22,526 70,463 133,638 196,804 Available Revenue Prior Fiscal Year (3-yr Old Funds) 11,006 156,165 22,526 70,463 133,638 Available Revenue Prior Fiscal Year (4-yr Old Funds) 34,774 11,006 156,165 22,526 70,463 Available Revenue Prior Fiscal Year (5-yr Old Funds) 1,085 34,774 11,006 156,165 22,526 Available Revenue Greater than five Prior Fiscal Years (1,074) (1,621) 32,831 43,837 200,003 Total Revenue Available 224,483$ 294,946$ 426,952$ 623,433$ 1,105,255$ FY 2016/17 FY 2017/18 FY 2018/19 FY 2019/20 FY 2020/21
Expenses Allocation Current Year -$ -$ -$ -$ -$ Expenses Allocation Prior Fiscal Year (2-yr Old Funds) - - - - - Expenses Allocation Prior Fiscal Year (3-yr Old Funds) - - - - - Expenses Allocation Prior Fiscal Year (4-yr Old Funds) - - - - - Expenses Allocation Prior Fiscal Year (5-yr Old Funds) - - - - - Expense Allocation Greater than Five Prior Fiscal Years - 1,309 323 - - Total Annual Expenditures -$ 1,309$ 323$ -$ -$ Five Year Expenditure to Revenue Match
Statement of Revenues and Expenditures and Changes in Fund Balance for Last Five Fiscal Years FUND: 435
Police
Five Year Revenue Test Using First in first Out Method

Page 22 of 40 ends

7. Fire Fee Program (Fund 436)

The Fire IMF was first adopted by the City Council in 1991 and was updated most recently in August of 2012 when the fee program nexus study was updated by the City’s contracted consultants, Harris & Associates and Goodwin Consulting Group.

The 2012 Nexus Study identified a need to expand and relocate Fire Station 2 in order to serve buildout of the City. The study also identified an overbuild of Fire Station 4 carried over. Fire Station 4 was constructed in part from a loan from the Water Fee Program to the Fire Fee Program. As of June 30, 2021, the loan balance was $148,875.

For purposes of the study, a plan based fee methodology was used. There are no existing deficiencies in this fee program. Based on this methodology, 81% of the cost of the ex panded fire station is allocated to existing development and 19% is allocated to anticipated development through 2035. A total of $3.1 Million is eligible for allocation to new development. However, because the anticipated cost of Station 2 expansion was only $1.6 Million, including financing costs, and the outstanding loan from the Water Fee Program was $1.2 Million, as of the date the Nexus Study was prepared, only $2.8 Million was allocated to new development.

The expansion of Fire Station 2 and the construction of Fire Station 4 ( financed with a loan from the Water Fee Program) are attributable to new development and new development will be required to pay for 100% of the costs associated with each.

Projects programmed in this fund for FY 2021 /22 include a repayment of the loan to the Water IMF as previously described.

Required Findings

1. The purpose of the Fire Fee is to fund fire -related capital costs, including financing costs, attributable to the impact from new development.

2. The reason able relationship between the Fire Fee and the purpose for which it is charged is demonstrated in the City of Lodi Impact Mitigation Fee Program Nexus Study - 2012 Update, August 2012, effective October 14, 2012.

3. The sources and am ounts of funding anticipated to fund new development’s proportionate share of existing facilities or vehicle costs are identified in this report (shown in 2020 dollars).

4. Facilities in this program have already been constructed. Fee revenue pays development’s proportionate cost of currently overbuilt facilities, including external and internal loan repayments. Internal loan repayments are scheduled as revenues are received and the current repayment date is unknown.

Page 23 of 40 ends

Note: Beginning and ending balance is negative due to outstanding loan due to the Water IMF Fee. As of June 30, 2021, the loan balance was $148,875.

Beginning balance July 1, 2020 (443,380)$
Fees collected 295,565$
Interest earned/market loss 1,856
Misc. revenue -
Total 297,421$
Disbursements
Amount
from Fee
% Fee
Funded in
FY 21
Loan interest 243 0%
Total 243$
Ending balance June 30, 2021 (146,202)$
Planned projects for Fiscal Year 2021/22 Amount
% Fee
Funded in
FY 22
No planned projects -$ 0%
Total Projects Planned for FY 21/22 -$
Loan to Fire IMF from Water IMF
Beginning balance July 1, 2020 444,462$
Payments received (295,830)$
Accrued interest 243
Ending balance June 30, 2021 148,875$

Page 24 of 40 ends

Description FY 2016/17 FY 2017/18 FY 2018/19 FY 2019/20 FY 2020/21 Revenues
Fees Collected 21,714$ 42,113$ 84,120$ 109,955$ 295,565$ Interest Earned/Mkt Gain/Loss 314 914 485 619 1,856 Misc. Revenue - - 402,873 - - Total Revenues 22,029$ 43,027$ 487,477$ 110,574$ 297,421$ Expenditures
Debt Service -$ -$ -$ -$ -$ Impact Fee Administration - - - - - Loan interest - - 57,526 4,784 243 AB 1600 Disbursements - 670 165 - - Total Expenditures -$ 670$ 57,692$ 4,784$ 243$ Revenue Less Expenditures 22,029$ 42,358$ 429,786$ 105,791$ 297,178$ Fund Balance, Beginning of Year (1,043,343) (1,021,314) (978,956) (549,171) (443,380) Fund Balance, End of Year (1,021,314) (978,956) (549,171) (443,380) (146,202) Assigned Fund Balance 835 165 - - - Available Fund Balance (1,022,149)$ (979,122)$ (549,171)$ (443,380)$ (146,202)$ Capital Improvement Projects
Project Amount Percent Funded Impact Fee Non-Impact Fee FY 2020-2021 Projects Expended by Impact Fees Expenditures Expenditures Loan interest 243 0% - 243 Total 243$ -$ 243$ Project Amount Percent Funded Impact Fee Non-Impact Fee FY 2019-2020 Projects Expended by Impact Fees Expenditures Expenditures Impact Fee Program Update 39,998$ 0% 165$ 39,833$ Loan interest 4,784 0% - 4,784 Total 44,782$ 165$ 44,617$ FY 2016/17 FY 2017/18 FY 2018/19 FY 2019/20 FY 2020/21
Available Revenue Current Year 22,029$ 43,027$ 487,477$ 110,574$ 297,421$ Available Revenue Prior Fiscal Year (2-yr Old Funds) 121,966 22,029 43,027 487,477 110,574 Available Revenue Prior Fiscal Year (3-yr Old Funds) 8,471 121,966 22,029 43,027 487,477 Available Revenue Prior Fiscal Year (4-yr Old Funds) 34,596 8,471 121,966 22,029 43,027 Available Revenue Prior Fiscal Year (5-yr Old Funds) 631 34,596 8,471 121,966 22,029 Available Revenue Greater than five Prior Fiscal Years (1,209,841) (1,210,045) (1,233,141) (1,229,454) (1,107,730) Total Revenue Available (1,022,149)$ (979,957)$ (550,171)$ (444,380)$ (147,203)$ FY 2016/17 FY 2017/18 FY 2018/19 FY 2019/20 FY 2020/21
Expenses Allocation Current Year -$ 670$ 57,692$ 4,784$ 243$ Expenses Allocation Prior Fiscal Year (2-yr Old Funds) - - - - - Expenses Allocation Prior Fiscal Year (3-yr Old Funds) - - - - - Expenses Allocation Prior Fiscal Year (4-yr Old Funds) - - - - - Expenses Allocation Prior Fiscal Year (5-yr Old Funds) - - - - - Expense Allocation Greater than Five Prior Fiscal Years - - - - - Total Annual Expenditures -$ 670$ 57,692$ 4,784$ 243$ Five Year Revenue Test Using First in first Out Method
Five Year Expenditure to Revenue Match
Statement of Revenues and Expenditures and Changes in Fund Balance for Last Five Fiscal Years FUND: 436
Fire

Page 25 of 40 ends

8. Parks Fee Program (Fund 437)

The Parks IMF was first adopted by the City Council in 1991 and was updated most recently in August of 2012 when the fee program nexus study was updated by the City’s contracted consultants, Harris & Associates and Goodwin Consulting Group.

The 2012 Nexus Study identified a need to improve three parklands located within the City to serve new development. Additionally, all of the neighborhood parks (totaling 2.5 acres per 1,000 residents) required to serve new development will be privately funded by future development.

For purposes of the study, a level of service standard was used establishing a total of 8.0 acres of combined parkland, open space and special use areas per 1,000 residents . There are no existing deficiencies in this fee program. Three type s of parkland exist within the City including neighborhood, community and regional. The IMF only covers new development ’s share of the community and regional parks, a portion of natural open space and special use areas.

Neighborhood parks are planned to be fully privately funded by future development.

Ending balance for June 30, 2021 is what is shown as the balance on the City's records, and which may include several different assets and liabilities accounts not depicted below, but which still affect ending balance.

Projects funded in Fiscal Year 20 21/22 include DeBenedetti Park Development. Future projects will be included in the future year CIP documents as shown below.

Required Findings

1. The purpose of the Parks Fee is to fund facilities attributable to the impact from new development.

2. The reasonable relationship between the Parks Fee and the purpose for which it is charged is demonstrated in the City of Lodi Impact Mitigation Fee Program Nexus Study - 2012 Update, August 2012, effective October 14, 2012.

3. The sources and amounts of funding anticipated to fund new development’s proportionate share of existing facilities are identified in this report (shown in 20 20 dollars) and in the Fiscal Year 2021-22 Budget and CIP Document.

4. The approximate date for funding and constructing some of these facilities is shown in this report. Additional projects are included in the City’s CIP documents.

Page 26 of 40 ends

Beginning balance July 1, 2020 2,896,037$
Fees collected 2,039,756$
Interest earned/market loss 31,989
Misc. revenue -
Total 2,071,744$
Disbursements
Amount
from Fee
% Fee
Funded in
FY 21
Debenedetti Park 144,437 100%
Total 144,437$
Ending balance June 30, 2021 4,823,344$
Planned projects for Fiscal Year 2021/22 Amount
% Fee
Funded in
FY 22
DeBenedetti Park Development 1,853,718$ 38%
Total Projects Planned for FY 21/22 1,853,718$

Page 27 of 40 ends

Page 28 of 40 ends

9. Electric Utility Fee Program (Fund 505)

Projects funded in Fiscal Year 2021/22 include Feeder Extension. Future projects will be included in the future year CIP documents.

Required Findings

1. The purpose of the Electric Utility Fee is to fund electric utility facilities attributable to the impact of new development.

4. The approximate date for funding and constructing some of these facilities is shown in this report. Additional projects will be included in future year CIP documents.

Page 29 of 40 ends

Page 30 of 40 ends

Page 31 of 40 ends

10. General City Facilities Fee Program (Fund 438)

There are no p rojects programmed in this fund for Fiscal Year 20 21/22. Future projects will be included in the future year CIP documents.

Required Findings

3. The sources and amounts of funding anticipated to fund new development’s proportionate share of existing facilities are identified in this report (shown in 20 20 dollars) and in the City of Lodi FY 2021/22 Budget and CIP . There are no projects identified for funding in the FY 2021/22 budget cycle.

4. Th e approximate date for funding and constructing some of these facilities is shown in this report. Additional projects will be included in future year CIP documents.

Page 32 of 40 ends

Page 33 of 40 ends

Page 34 of 40 ends

10. Art in Public Places Fee Program (Fund 434)

Specific art pieces and specific locations for those pieces are not identified in the study , but will be determined as fee revenue becomes available.

Projects programmed in this fund for Fiscal Year 20 21/22 include Downtown Art Mural, Metal Art Sculpture, Traffic Control Box Paint and various art projects.

Required Findings

1. The purpose of the Art in Public Places Fee is to fund public art attributable to the impact of new development.

Page 35 of 40 ends

Page 36 of 40 ends

Page 37 of 40 ends

11. Regional Transportation Impact Fee Program (Fund 314)

Required Findings

1. The purpose of the RTIF program is to provide new development’s share of funding for regional transportation improvements facilities as required at build-out of the region.

4. The approximate date for funding and constructing some new facilities is shown in the SJCOG Regional Congestions Management Program report.

Page 38 of 40 ends

Page 39 of 40 ends

Page 40 of 40 ends

Regional Transportation Impact Fee
July 1, 2020 through June 30, 2021

AGENDA ITEM C-16
APPR
OVED: _______________________________________
Stephen Schwabauer, City Manager
council/councom/Posting1.doc

CITY OF LODI

COUNCIL COMMUNICATION
TM
AG
ENDA TITLE: Post for Expiring Terms on Lodi Improvement Committee and Vacancy for Greater Lodi Area Youth Commission Adult Advisor
M
EETING DATE: January 5, 2022
P
REPARED BY: City Clerk
RE
COMMENDED ACTION: P ost for expiring terms on Lodi Improvement Committee and vacancy for Greater Lodi Area Youth Commission Adult Advisor.

B
ACKGROUND INFORMATION: There are three expiring terms on the Lodi Improvement Committee.

It is recommended that the City Council direct the City Clerk to post for these vacancies for a period of 30 days. Due to a recent resignation, there is another vacancy for one Greater Lodi Area Youth Commission Adult Advisor. It is recommended that the City Council direct the City Clerk to post for this vacancy until filled.

Government Code Section 54970 et seq. requires that the City Clerk post for vacancies to allow citizens interested in serving to submit an application.

POSTINGS:

Lodi Improvement Committee
David Diskin Term to expire March 1, 2022
Vanessa Madrigal-Lauchland Term to expire March 1, 2022 Sandra Vargas Term to expire March 1, 2022
Greater Lodi Area Youth Commission – Adult Advisor
Breanna Meyer Term to expire May 31, 2022
F
ISCAL IMPACT: Not applicable.

F
UNDING AVAILABLE: Not applicable.
_________________________________

Jennifer Cusmir
City Clerk

AGENDA ITEM C-17
APPR
OVED: ________________________________________
Stephen Schwabauer, City Manager

CITY OF LODI

COUNCIL COMMUNICATION

TM
AG
ENDA TITLE: Authorize City Clerk to Grant Request for Leave to Present Late Claim, by Yousef Haddad, Pursuant to Government Code Section 911.6(a)
M
EETING DATE: January 5, 2022
P
REPARED BY: City Clerk
RE
COMMENDED ACTION: Authorize City Clerk to Grant Request for Leave to Present Late Claim, by Yousef Haddad, Pursuant to Government Code Section 911.6(a).

B
ACKGROUND INFORMATION: Request for Leave to Present Late Claim was filed with the City Clerk by Yousef Haddad, pursuant to Government Code 911.4 on December 14, 2021. A copy of the request to file a late claim, initial submittals and City’s rejection notice are attached. The original submittal was filed approximately three months after the expiration of the statutory period in which the claim was to have been filed, based on the January 27, 2021 date of loss. Government Code 911.2 requires that claims against public entities, with limited exception, be filed within six months of the accrual of the action giving rise to the claim, which in this instance would have been June 27, 2021. Mr. Haddad submitted his claim on September 28, 2021, which was rejected as untimely on September 28, 2021. In a letter received by the City Clerk on December 14, 2021, Mr. Haddad requested leave to present a late claim.

S
tatutory exceptions to the claim filing requirements include failure to present the claim through mistake, inadvertence, surprise or excusable neglect with no resulting prejudice to the public entity; the injured party was physically or mentally incapacitated during the claim filing period; and the minority or death of the injured party.

D
ue to the pandemic impeding the ability to hand-deliver claims to the City Clerk’s office and the claimant and City’s inability to verify whether or not there was an original copy of the claim filed within the statutory period, it is recommended that the Council authorize the City Clerk to grant the request of Yousef Haddad to present a late claim pursuant to Government Code section 911.6(a).

FISCAL IMPACT: Not applicable.

FUNDING AVAILABLE: Not applicable
_______________________________
Jennifer Cusmir
City Clerk

AGENDA ITEM C-18
APPR
OVED: ________________________________________
Stephen Schwabauer, City Manager

CITY OF LODI

COUNCIL COMMUNICATION

TM
AG
ENDA TITLE: Authorize City Clerk to Grant Request for Leave to Present Late Claim, by Joanne DelSolar Pursuant to Government Code Section 911.6(a)
M
EETING DATE: January 5, 2022
P
REPARED BY: City Clerk
RE
COMMENDED ACTION: Authorize City Clerk to grant Request for Leave to Present Late Claim, by Joanne DelSolar, Pursuant to Government Code Section 911.6(a).

B
ACKGROUND INFORMATION: Request for Leave to Present Late Claim was filed with the City Clerk by Joanne DelSolar pursuant to Government Code 911.4 on November 23, 2021. A copy of the request to file a late claim, initial submittals and City’s rejection notice are attached. The original submittal was filed approximately two months after the expiration of the statutory period in which the claim was to have been filed, based on the January 22, 2021 date of loss. Government Code 911.2 requires that claims against public entities, with limited exception, be filed within six months of the accrual of the action giving rise to the claim, which in this instance would have been June 22, 2021. Ms. DelSolar submitted her claim on August 26, 2021, which was rejected as untimely on August 26, 2021. In a letter received by the City Clerk on November 23, 2021, Ms. DelSolar requested leave to present a late claim.

M
s. DelSolar application has presented information sufficient to satisfy the statutory element for the submittal of a late claim as it applies in this matter. Therefore, it is recommended that the Council authorize the City Clerk to grant the request of D. Michael Spurgeon to present a late claim pursuant to Government Code section 911.6(a).

FISCAL IMPACT: Not applicable.

FUNDING AVAILABLE: Not applicable
_______________________________
Jennifer Cusmir

AGENDA ITEM C-19
APPR
OVED: _________________________________
Stephen Schwabauer, City Manager
\\cvcfilv01\administration$\Shared\cityclerk\Agenda\2022\010522\PW - Set PH Vacate PUE Century\CSetPHVacate-Century Blvd W 2525.doc

CITY OF LODI

COUNCIL COMMUNICATION
TM
AG
ENDA TITLE: Adopt Resolution of Intention to Vacate Existing 16.5-Foot and 3-Foot Public Utility Easements Located at 2525 West Century Boulevard, Refer the Matter to the Planning Commission; and Set a Public Hearing for February 16, 2022.

MEETING DATE: January 5, 2022
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Adopt resolution of intention to vacate existing 16.5-foot and 3-foot Public Utility Easements located at 2525 West Century Boulevard, refer the matter to the Planning Commission; and Set a Public Hearing for February 16, 2022.

BACKGROUND INFORMATION: The proposed easement vacations are requested by Michael Carouba, on behalf of C Note Limited Partnership, owner/developer of the above-mentioned parcel. In 2005, the public utility easements were dedicated, as shown on Exhibits A & B, for overhead Pacific Gas & Electric utilities and future City of Lodi Electrical overhead utilities. As part of the public improvements of The Benjamins project, the existing overhead utilities were either removed or undergrounded to the public right-of-way. The 16.5- foot and 3-foot public utility easements are no longer needed.

T
he City of Lodi Electric Utility Department, City of Lodi Water/Wastewater and Street Divisions, AT&T, Pacific Gas & Electric, and Comcast have approved the public utility easement vacations without further comment or conditions.

Per Streets and Highways Code Section 8313, this action will be considered by the Planning Commission on January 26, 2022. Information regarding the Planning Commission action will be provided prior to the public hearing scheduled February 16, 2022.

Staff recommends adopting resolution of intention to vacate existing 16.5-foot and 3-foot public utility easements located at 2525 West Century Boulevard and Set a Public Hearing for February 16, 2022.

FISCAL IMPACT: Not applicable.

FUNDING AVAILABLE: Not applicable.
_______________________________

Charles E. Swimley, Jr.

Public Works Director
CES/DW/cd
Attachment
c
c: Janice D. Magdich, City Attorney
Community Development Director, John Della Monica
City Engineer, Lyman Chang
Assistant Engineer, Karissa Kiriu

VACATION OF

RESOLUTION NO. 2022-____

A RESOLUTION OF INTENTION OF THE LODI CITY COUNCIL TO VACATE EXISTING 16.5-FOOT AND 3-FOOT PUBLIC UTILITY EASEMENTS LOCATED AT 2525 WEST CENTURY BOULEVARD
========================================================================

WHEREAS, in 2005, the public utility easements were dedicated for overhead Pacific Gas & Electric utilities and future City of Lodi Electrical overhead utilities; and

WHEREAS, as part of the public improvements of The Benjamins project, the existing overhead utilities were either removed or undergrounded to the public right-of-way, therefore the

16.5-foot and 3-foot public utility easements are no longer needed; and

WHEREAS, the City of Lodi Electric Utility Department, City of Lodi Water/Wastewater and Street Divisions, AT&T, Pacific Gas & Electric, and C omcast have approved the public utility easement vacations without further comment or conditions; and

WHEREAS, staff recommends adopting a resolution of intention to vacate the existing

16.5-foot and 3-foot public utility easements located at 2525 West Century Boulevard.

NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby adopt a resolution of intention to vacate the existing 16.5-foot and 3-foot public utility easements located at 2525 West Century Boulevard; and

BE IT FURTHER RESOLVED , pursuant to Section 6.3q of the City Council Protocol Manual (Res. No. 2019-223), the City Attorney is hereby authorized to make minor revisions to the above- referenced document(s) that do not alter the compensation or term, and to make clerical corrections as necessary.

Dated: January 5, 2022
======================================================================== I hereby certify that Resolution No. 202 2-____ was passed and adopted by the City Council of the City of Lodi in a regular meeting held January 5, 2022 by the following vote:

AYES: COUNCIL MEMBERS –

NOES: COUNCIL MEMBERS –

ABSENT: COUNCIL MEMBERS –

ABSTAIN: COUNCIL MEMBERS –

JENNIFER CUSMIR
City Clerk

2022-____
AGENDA ITEM G-01
APPR
OVED: __________________________________
Stephen Schwabauer, City Manager

CITY OF LODI

COUNCIL COMMUNICATION

TM
AG
ENDA TITLE: Public Hearing to Consider the Recommendation of the Planning Commission to Introduce and Waive First Reading of an Ordinance Amending Lodi Municipal Code Title 17 – Development Code, Article 3 “Site Planning and General Development Standards”, Chapter 17.34 “Signs”, by Adding Section 17.34.070.G “Freeway Oriented Electronic Billboard” to Allow and Regulate Freeway-Oriented Electronic Message Signs and Amend Article 7 – Definitions – Chapter 17.78 – “Definitions”, Section 17.78.020 “Definitions of specialized terms and phrases” by Adding “Freeway Oriented Electronic Billboard”
M
EETING DATE: January 5, 2022
P
REPARED BY: Community Development Director
RE
COMMENDED ACTION: Public hearing to consider the recommendation of the Planning Commission to introduce and Waive First Reading of an o rdinance Amending Lodi Municipal Code Title 17 – Development Code, Article 3 “Site Planning and General Development Standards”, Chapter 17.34 “Signs”, by adding section

17.34.070.G “Freeway Oriented Electronic Billboard” to allow and regulate freeway -oriented electronic message signs and amend Article 7 – Definitions – Chapter 17.78 – “Definitions”, Section 17.78.020 “Definitions of specialized terms and phrases” by adding “Freeway Oriented Electronic Billboard”.

B
ACKGROUND INFORMATION: The Lodi Municipal Code sign regulations currently provide only very limited opportunities for electronic message signs, and do not allow billboards (signs that display advertising for a business not located where the sign is). These regulations have the effect of banning the new electronic message boards that are becoming more common in California and elsewhere.

T
he City has now been approached by one of the community’s auto dealers with a request to install a freeway-oriented electronic sign at their location on the east side of the 99 Freeway. The proposal included a large sign where the electronic component was the largest part of the sign, consistent with its proposed use to show images of vehicles and other content. The sign does not comply with the Lodi Zoning Code sign regulations.

A
llowing this type of sign would help Lodi businesses be more successful by providing a new , modern opportunity to advertise to motorists on the 99 freeway.

ROPOSED REGULATIONS
In r
esponse to the request for a freeway-oriented sign, Planning staff prepared a suggested set of changes to the Zoning Code that would allow the City to approve such signs. The regulations include:
• C
reating a new type of sign that can be permitted, called “Freeway Oriented Electronic Billboard” • Allowing only two of these signs
• Requiring review of the sign’s design by the Site Plan and Architectural Review Committee • Requiring approval of a Development Agreement with the developer of the sign, addressing the design and operation of the sign

Freeway Oriented Electronic Signs Ordinance
January 5, 2022 City Council Meeting

Page 2 of 4 ends

These changes are included in the draft Ordinance attached to this staff report and discussed in the attached Planning Commission staff report.

PLANNING COMMISSION DISCUSSION AND RECOMMENDATION

On December 15, 2021, the Planning Commission held a public hearing regarding the proposed regulations. Following the public hearing, the Commission voted 5-1 to recommend that the City Council approve the proposed regulations.

During their discussion of the proposed regulations, the Commission raised several issues, which are summarized and responded to below. The proposed Ordinance includes minor changes to address these issues.

Safety of Freeway Signs

The Commission asked whether electronic message signs create a traffic hazard, and noted that accident statistics are available from the State of California.

In response, staff discussed this issue with an expert on electronic signs, who noted that research conducted by both the federal government and the State of California failed to find a clear connection between electronic message signs and traffic accident rates.

From a 2012 federal study of electronic message signs1:
“As the analyses of gazes to the road ahead showed, drivers distributed their gazes away from the road ahead even when there were no off-premise billboards present. Also, drivers gazed and fixated on off -premise signs even though they were generally irrelevant to the driving task. However, the results did not provide evidence indicating that CEVMS were associated with long glances away from the road that may reflect an increase in risk. When long dwell times occurred to CEVMS or standard billboards, the road ahead was still in the driver’s field of view. ” [emphasis added]
From a 2012 California Highway Patrol study2:

• “While there is a significant amount of research on the effects of outdoor advertising on driver distraction, there is little research definitively showing that outdoor advertising affects crash rates, and there are a limited number of studies on digital billboards specifically. • We found little research justifying common regulations and design recommendations for digital billboards , including brightness/illumination, font size and visual complex ity.

Recommendations are typically based on common state practices. • We found little research on the safety effects of signage in general, including guide signs. • We did not find research in progress for any areas of inquiry.” [emphasis added]

The conclusion thus far is that there is no evidence that electronic signs create a specific traffic hazard.

1 Driver Visual Behavior In The Presence Of Commercial Electronic Variable Message Signs (CEVMS)” September 2012, FHWA-HEP-16-036
2 “Effects of Outdoor Advertising Displays on Driver Safety” Caltrans Division of Design, October 11, 2012 Freeway Oriented Electronic Signs Ordinance
January 5, 2022 City Council Meeting

Page 3 of 4 ends

The Council may also note that official State of California accident statistics, collected through the California Statewide Integrated Traffic Records System (SWITRS) , do not include “signs” or any similar factor among the “Crash Filters” collected, which include:
• Alcohol Involved
• Bicycle Crash
• Crash Severity
• Day of Week
• Hit and Run
• Injured Victims
• Intersection
• Killed Victims
• Lighting
• Location Type
• Motor Vehicle Involved
• Motorcycle Crash
• PCF Violation
• Pedestrian Action
• Pedestrian Crash
• Ramp Intersection
• Road Condition
• Road Type
• State Highway
• Time
• Truck Crash
• Type of Crash
• Weather
Sign Spacing
The Commission asked about standards for the spacing of individual electronic signs.

Staff notes that Caltrans standards require a minimum 1,000 -foot spacing between electronic freeway - oriented signs (unless the signs are on opposite sides of the freeway, in which case there is no required spacing). The proposed Ordinance has been updated to require that the two Lodi signs be spaced to meet CalTrans standards.

Number of Signs
The proposed regulations would limit these signs to no more than two (to avoid over -proliferation and keeping in mind the relatively limited freeway frontage available in Lodi). The Commission asked whether this was too limiting and could shut out businesses from this type of signage opportunity if they were not able to construct one of the two permitted signs. (The Commission did not recommend allowing more than two freeway electronic signs.)
In response to this concern, staff added language stating that “operational specifications” can be part of the Development Agreement, allowing the City to specify that the sign owner must allow a certain amount of advertising on their sign from other businesses (for a fee). This would allow each freeway-oriented sign to serve several businesses.

Freeway Oriented Electronic Signs Ordinance
January 5, 2022 City Council Meeting

Page 4 of 4 ends

CONCLUSION

The proposed regulations have been recommended by the Planning Commission and include minor revisions to address Commission comments and questions from their December 2021 public hearing. The Ordinance is ready for adoption, should the Council accept the recommendation of the Planning Commission.

FISCAL IMPACT: Not applicable.

FUNDING AVAILABLE: Not applicable.

______________________________________
John R. Della Monica, Jr.

Community Development Director

Attachments:

1. Planning Commission Staff Report

2. Planning Commission Resolution

3. Draft Ordinance
1 CITY OF LODI

PLANNING COMMISSION
Staff Report

MEETING DATE: December 15, 2021

APPLICATION NO: N/A

REQUEST: Request for the Planning Commission of the City of Lodi to recommend that the City Council amend the Lodi Municipal Code Title 17 – Development Code, Article 3 “Site Planning and General Development Standards”, Chapter 17.34 “Signs”, by adding section

17.78.020 “Definitions of specialized terms and phrases” by adding “Freeway Oriented Electronic Billboard” . (CEQA Status: Exempt, Section 15061(b)(3) – General Rule Exemption)

LOCATION: Citywide (adjacent to the 99 Freeway)

APPLICANT: City of Lodi
221 West Pine Street.

Lodi, CA 95240

RECOMMENDATION:

Staff recommends that the Planning Commission adopt a Resolution recommending that the Lodi City Council adopt regulations to allow the construction and operation of freeway -oriented electronic signs, as discussed later in this report.

BACKGROUND / ANALYSIS:

The City has been approached by one of the community’s auto dealers with a request to install a freeway-oriented electronic sign at their location on the east side of the 99 Freeway. Their proposal included a large sign where the electronic component was the largest part of the sign, consistent with its proposed use to show images of vehicles and other content.

While staff was generally supportive of the idea of allowing such a sign, the Lodi Zoning Code currently limits electronic message signs to “one-third the area of the sign to which it is permitted to be attached.”
1 This regulation is consistent with the apparent intent of the Code, which is to allow electronic messages as part of a traditional, static sign:

1 The current regulations for “Programmable Electronic Signs” are included as Attachment 1 to this report.

2 These signs are relatively inobtrusive and are most appropriate on surface streets, where vehicle speeds are low enough that drivers can read the information in the small electronic message area.

The Zoning Code, in its current form, does not allow electronic message signs as they have evolved in recent years, which use large displays to show content visible from a longer distance (e.g., from the freeway). A typical sign of this type2 is shown below.

2 This is not the sign proposed by the Lodi auto dealer.

3 While Lodi does not currently allow signs of the type shown above, these signs are being constructed in many California cities. Improvements in sign technology in recent years have resulted in signs which are clearer, more colorful and readable displays that are at the same time less bright. Many other cities in the region allow similar signs.

The proposed amendment to the Zoning Code was prepared assuming that the City wishes to allow signs of this type, but in a limited way (a maximum of two signs). Rather than attempt to strictly define sign sizes, brightness, etc., the new Zoning Code section for this sign type would require:

1) Design review by the Site Plan and Architectural Review Committee, and

2) A development agreement with the City to spell out the details of the sign’s physical and operational specifications.

The proposed addition to the Zoning Code would also allow only two freeway-oriented electronic signs, and would allow these signs to display messages associated with businesses other than the business where the sign is located (e.g., a “billboard”).

The auto dealer seeking a new sign would be able to submit an application for an electronic sign under this new Zoning Code provision, if it is approved. The City currently has no other pending requests for signs of this type.

ENVIRONMENTAL ASSESSMENT:

The proposed amendment was reviewed and found to be exempt from review under the California Environmental Quality Act (CEQA). Staff’s recommendation is that it can be seen with certainty that there is no possibility the proposed amendments to Zoning Code would have a significant effect on the environment. Therefore, subject to Section 15061(b)(3) of the CEQA Guidelines, the activity is not subject to CEQA.

Future approvals of proposed signs developed per the Zoning Code would require individual environmental review, at which time project-specific impacts would be identified and analyzed.

PUBLIC HEARING NOTICE:

Legal Notice pertaining to Development Code revisions was published in the Lodi News Sentinel on October 30, 2021.

RECOMMENDED MOTIONS:

Should the Planning Commission agree with staff’s recom mendations, the following motion is suggested:

“I move that the Planning Commission adopt a Resolution recommending that the Lodi City Council introduce an ordinance amending the Lodi Municipal Code Title 17 – Development Code – Article 3 “Site Planning and General Development Standards”, Chapter 17.34 “Signs”, by adding Section 17.34.070.G “Freeway Oriented Electronic Billboard” and amend Article 7 – Definitions – Chapter 17.78 – “Definitions”, Section

17.78.020 “Definitions of specialized terms and phrases” by adding “Freeway Oriented Electronic Billboard”.

4 ALTERNATIVE PLANNING COMMISSION ACTIONS:

• Recommend a different amendment to the Zoning Code
• Recommend that the City Council deny the proposed amendment • Continue the item to a future meeting for additional discussion or analysis

Respectfully Submitted, Concur,
Eric Norris John Della Monica
Contract Planner Community Development Director

ATTACHMENTS:

1. Current Zoning Code regulations for “Programmable Electronic Signs”

2. Proposed new Zoning Code Section 17.34.070.G, “Freeway Oriented Electronic Billboard”

3. Resolution Recommending Approval of Zoning Code Amendment to Add Section

17.34.070.G
RESOLUTION NO. P.C. NO.21.12

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LODI RECOMMENDING THAT THE CITY COUNCIL AMEND LODI MUNICIPAL CODE TITLE 17 - DEVELOPMENT CODE -ARTICLE 3 "SITE PLANNING AND GENERAL DEVELOPMENT STANDARDS'" CHAPTER 17.34..SIGNS'" TO ADD SECTION I7.34.070.G'FREEWAY ORIENTED ELECTRONIC BILLBOARD" AND BY AMENDING ARTICLE 7 - DEFINITIONS - CHAPTER I7.78 "DEFINITIONS'" SECTION

17.78.020 "DEFINITIONS OF SPECIALIZED TERMS AND PHRASES'' TO ADD "FREEWAY

ORIENTED ELECTRONIC BILLBOARD''
WHEREAS, the Planning Commission of the City of Lodi has heretofore held a duly noticed public hearing, as required by law, on the requested determination, in accordance with the California Government Code Section 65402.(a); and
WHEREAS, the project proponent is City of Lodi, 221 West Pine Street, Lodi, CA 95240; and WHEREAS, City staff has identified an opportunity to improve the viability of local businesses by allowing the installation of electronic signage visible from the freeway; and WHEREAS, the Lodi Zoning Code does not currently allow this type of sign; and WHEREAS, other cities in the region allow this type of signage, particularly for automobile dealers, creating a disadvantage for Lodi in its ability to attract and retain these and other freeway- oriented uses; and
WHEREAS, the City wishes to permit this type of sign, subject to reasonable and appropriate limits; and
WHEREAS, a proposed amendment to the Lodi Zoning Code has been prepared which would allow the installation of up to two freeway-oriented electronic signs in Lodi, subject to design review by the Site Plan and Architectural Review Committee and regulations to be approved by the City Council; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, BE lT DETERMINED AND RESOLVED by the Planning Commission of the City of Lodi that a Resolution is hereby adopted and the proposed amendments to Lodi Municipal Code Title 17 - Development Code, Chapter 17.34 "Signs", and Chapter 17 .78, "Definitions," which are made a part of this Resolution by reference, are hereby recommended for approval and adoption by the Lodi City Council.

Dated: December 15, 2021
I certify that P.C. Resolution No.21-12 was passed and adopted by the Planning Commission of the City of Lodi at a special meeting held on December 15,2021 by the following vote:

AYES:

NOES:

ABSENT
Commissioners: Cummins, Singh, Maciel, Slater, and Chair Martin Commissioners: Hennecke
Commissioners: Hicks
ATTEST
ning Commission
ORDINANCE NO. ____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LODI AMENDING LODI MUNICIPAL CODE TITLE 17 – DEVELOPMENT CODE – ARTICLE 3 “SITE PLANNING AND GENERAL DEVELOPMENT STANDARDS”, CHAPTER 17.34 “SIGNS”, BY ADDING SECTION 17.34.070.G “FREEWAY ORIENTED ELECTRONIC BILLBOARD” AND BY AMENDING ARTICLE 7 – DEFINITIONS – CHAPTER 17.78 “DEFINITIONS”, SECTION

17.78.020 “DEFINITIONS OF SPECIALIZED TERMS AND PHRASES” BY ADDING “FREEWAY ORIENTED ELECTRONIC BILLBOARD”
========================================================================

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS:

SECTION 1. Lodi Municipal Code Title 17 – Development Code – Article 3 “Site Planning and General Development Standards”, Chapter 17.34 “Signs” is hereby amended by adding Section

17.34.070.G “Freeway Oriented Electronic Billboard” shall read as follows:

17.34.070 – Standards for Specific Sign Types
G. Freeway Oriented Electronic Billboard. The following apply to Freeway Oriented Electronic Billboards:

1. No more than two (2) Freeway Oriented Electronic Billboards shall be allowed within the City. Signs shall be spaced to meet CalTrans standards.

2. Freeway Oriented Electronic Billboards shall be located on private property.

3. Freeway Oriented Electronic Bill boards are exempt from the prohibition of permanent off-site signs, and may display advertising or messages for businesses, events, etc., which are not on the same parcel as the sign.

4. All design standards and physical and operational specifications shall be identified in a development agreement with the City will shall be approved by the City Council.

5. The design standards and specifications shall include a specific design for the sign, including dimensions, materials, colors, and architecture. The specifi c design shall be subject to review by the Site Plan and Architectural Review Committee.

SECTION 2. Lodi Municipal Code Title 17 – Development Code – Article 7 – Definitions – Chapter 17.78 “Definitions”, Section 17.78.020 “Definitions of specialized ter ms and phrases” shall read:

17.78.020 – Definitions of specialized terms and phrases “Freeway Oriented Electronic Billboard” is a sign which is predominantly comprised of an electronic sign board and which is designed, located, and operated primarily to be visible from motorists on the freeway.

2 SECTION 3. No Conflict. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist.

SECTION 4. No Mandatory Duty of Care. This ordinance is not intended to and shall not be construed or given effect in a manner which imposes upon the City, or any officer or employee thereof, a mandatory duty of care toward persons or property within the City or outside of the City so as to provide a basis of civil liability for damages, except as otherwise imposed by law.

SECTION 5. Severability. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application. To this end, the provisions of this ordinance are severable. The City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof.

SECTION 6. Effective Date and Publication. This Ordinance shall take effect thirty (30) days after its adoption. In lieu of publication of the full text of the Ordinance within fifteen (15) days after its passage, a summary of the Ordinance may be published at least five (5) days prior to and fifteen (15) days after adoption by the City Council, and a certified copy shall be posted in the office of the City Clerk pursuant to Government Code section 36933(c)(1).

Approved this____ day of _________, 2022

___________________________________

MARK CHANDLER
Attest: Mayor

JENNIFER CUSMIR
City Clerk
================================================================ State of California
County of San Joaquin, ss.
l, Jennifer Cusmir, City Clerk of the City of Lodi, do hereby certify that Ordinance No.- was introduced at a regular meeting of the City Council of the City of Lodi held 2022, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held _,2022, by the following vote:

AYES: COUNCIL MEMBERS -
NOES; COUNCIL MEMBERS -
ABSENT: COUNCIL MEMBERS -
ABSTAIN: COUNCIL MEMBERS -
I further certify that Ordinance No. _ was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law.

JENNIFER CUSMIR
City Clerk
Approved as to Form
JANICE D. MAGDICH
City Attorney
J

AGENDA ITEM G-02
APPR
OVED: __________________________________
Stephen Schwabauer, City Manager

CITY OF LODI

COUNCIL COMMUNICATION

TM
AG
ENDA TITLE: Public Hearing to Consider Adopting a Resolution Setting the San Joaquin County Multi-Species Habitat Conservation and Open Space Plan Development Fees For 2022
M
EETING DATE: January 5, 2022
PR
EPARED BY: Community Development Department
RE
COMMENDED ACTION: P ublic hearing to consider adoptin g a resolution setting the San Joaquin County M ulti-Species Habitat Conservation and Open Space Plan development fees for 2022.

B
ACKGROUND INFORMATION: On February 21, 2001, the City of Lodi adopted the San Joaquin County Multi-Species Habitat Conservation and Open Space Plan (SJMSCP). The Plan includes a schedule of fees to be paid by property owners who propose to develop their property with non-agricultural uses. These fees are used to mitigate for the cumulative impacts of new development on habitat lands within Lodi and San Joaquin County. It is necessary for all jurisdictions covered by the Plan to approve the Habitat Conservation Plan (HCP) fees in order for the jurisdiction to continue to participate in the Plan. The fees are reviewed on an annual basis.

T
he 2022 per acre fees for all categories of habitat land have an overall increase of 12.7 percent in the most impacted categories of Agricultural and Natural habitat classifications from the prior year primarily to a rise in the land acquisition component for agricultural land price values of comparable sales and an unusually robust rise in the reported Consumer Price Index (CPI) for Categories B and C. Open Space lands have increased from $8,682 to $9,781. Agriculture and Natural lands (the two largest categories) have increased from $17,363 to $19,561. Fees for Vernal Pool (grasslands) habitat lands increased from $71,544 to $80,453 and Vernal Pool (wetted lands) increased from $161,286 to $174,040.

Th
e San Joaquin Council of Governments Board approved the attached HCP fee schedule for 2022 during their September 2021 board meeting. The Board coordinates the review of land costs to ensure that the current land mitigation costs will satisfy habitat conservation and purchases. All local jurisdictions are requested to approve the new fee schedule that will take effect on January 1, 2022.

F
ISCAL IMPACT: N ot applicable.

F
UNDING AVAILABLE: Not applicable.
______________________________________

John R. Della Monica, Jr.

C
ommunity Development Director
Attachments:
1) Fee Schedule for 2022
2) SJCOG Staff Report with Fee Analysis Update Summary

SJCOG, Inc.

555 East Weber Avenue ● Stockton, CA 95202 ● (209) 235-0600 ● FAX (209) 235-0438

San Joaquin County Multi-Species Habitat Conservation & Open Space Plan (SJMSCP)

2022 Updated Habitat Fees*
Habitat Type Fee Per Acre
Multi-Purpose Open Space $9,781
Natural $19,561
Agriculture $19,561
Vernal Pool - uplands $80,453
Vernal Pool - wetted $174,040
* Effective January 1, 2022 – December 31, 2022
\
2022 Endowment Fees with In-lieu Land**
Type of Preserve Enhancement
Cost/acre
Land
Management
Cost/acre

TOTAL PER
ACRE

ENDOWMENT
Agricultural Habitat Lands $5,256.00 $710.96 $5,966.96 Natural Lands $5,256.00 $710.96 $5,966.96
Vernal Pool Habitat
Vernal Pool Grasslands $13,390.00 $1,756.01 $15,146.01 Vernal Pool Wetted $108,136.00 $1,721.56 $109,857.56 ** Effective January 1, 2022 – December 31, 2022 in lieu of fees to be used as the endowment for the dedicated land preserves (Category B + C) based on impacted acres.

VELB Mitigation

A special fee category shall apply when removal of the Valley Elderberry Long-horned Beatle (VELB) habitat of elderberry shrubs occurs. The fee shall be paid to SJCOG, Inc. or a VELB mitigation bank approved by the Permitting Agencies. The current fee, as established in the VELB Conservation Fund Account managed by the Center for Natural Lands Management, and approved by the USFWS, is $1,800 per VELB Unit (one unit= one stem over 1" in diameter at ground level which is removed). Fees shall be established by the JPA during preconstruction surveys (i.e., counts of stems to be removed with and without exit holes shall be completed during preconstruction surveys) and shall be paid to the JPA prior to ground disturbance or stem removal, whichever comes first.

Leo Zuber
CHAIR

Robert Rickman

VICE CHAIR

Diane Nguyen

PRESIDENT

Member Agencies

CITIES OF

ESCALON,

LATHROP,
LODI,

MANTECA,
RIPON,

STOCKTON,
TRACY,
AND

THE COUNTY OF

SAN JOAQUIN

September 2021
SJCOG, Inc.

STAFF REPORT

SUBJECT: 2022 SJMSCP Development Fee Annual
Adjustment

RECOMMENDED ACTION: Motion to Approve the 2022 SJMSCP
Development Fees as Adjusted Pursuant to the
Financial Analysis Model

SUMMARY:

Using the adopted five-year financial analysis model to the San Joaquin County Multi-Species Habitat Conservation and Open Space Plan (SJMSCP) the SJCOG Inc. staff, HTAC Financial Subcommittee members (Table 1) and consultants undertook the annual analysis in summer 2021. T he goal of the annual analysis is to establish the next year’s habitat plan fees paid by the development project. The fees are for impacts under the countywide SJMSCP permits as defined in the three fee model categories (Category A – Acquisition; Category B - Assessment and Enhancement; and Category C - Land Management and Administration).

Table 1 – HTAC Financial Subcommittee Members:

John Beckman, BIA Matt Diaz, Stockton Ian Ralston, CDFW Dan Gifford, Conservation Megan Aguirre, SJ County

The proposed 2022 SJMSCP development fees were adjusted using the recommended 2020 SJMSCP Five-Year Financial Model Update for the respective categories and are compared to the 2021 SJMSCP Development fees (Table 2) in the most common habitat categories u nder the plan. The change is an overall increase of 12.7% in the most impacted categories of Agricultural and Natural habitat classifications from the prior year. Th e increase is due primarily to a rise in the land acquisition component (Category A) for agricultural land price values of comparable sales and an unusually robust rise in the reported Consumer Price Index (CPI) for Categories B and C.

Table 2- Compared 2022 & 2021 SJMSCP Development Fees – Most Common Fee Habitat Types

2022 Fee - Proposed 2021 Fee - Adopted Difference Percent Change Agricultural/Natural $19,561 $17,363 $2,198 12.7%

2022 SJMSCP Fees
Cat C
Cat A Cat B

12.7%
Table 3 illustrates the history of the SJMSCP development fees over the years since the funding shortfall was noted by the permitting agencies in 2006. The fees can fluctuate primarily based on the Category A – acquisition component of the fee formula over time.

Table 3- History and Annual Percentage Change for SJMSCP Development Fees

Projects participating under the SJMSCP benefit from a predetermined streamlined processing of the project rather than navigating through a potentially very long , cumbersome and expensive regulatory process outside the habitat plan. By opting for participation, the project proponent can choose any number of ways to provide mitigation for the impacts of the project through the plan and even control much of the mitigation costs if desired. The options are:

1. Pay a fee.

2. Redesign the project to avoid/minimize impacts.

3. Provide land in lieu of the SJMSCP fee, which the project proponent will negotiate the easement/fee title costs (Category A component).

4. Any combination of the above options.

And if those options are not sufficient, the pr oject proponent can choose to not participate in the plan (opt out) and fulfill mitigation requirements on their own with state and federal permitting agencies independently.

RECOMMENDATION:

The HTAC Financial Subcommittee, HTAC and SJCOG, Inc. staff recommend the Board Approve the 2022 SJMSCP Development Fees as Adjusted Pursuant to the Financial Analysis Model.

FISCAL IMPACT:

Development fees provide funding for SJCOG Inc. to mitigate proj ect impacts covered under the SJMSCP permits for the subsequent calendar year beginning January 1.

BACKGROUND:

2007
Financial
Update#
Agriculture/Natural
$69,858 $71,125 $78,353 $77,720 $81,989 $78,311 $80,972 $85,631 $90,273 $109,737 $116,871 $101,033 $100,788 $161,286 $174,040 (wetted) (wetted) (wetted) (wetted) (wetted) (wetted) (wetted) (wetted) (wetted) (wetted) (wetted) (wetted) (wetted) (wetted) (wetted) $34,958 $35,143 $40,565 $38,328 $41,534 $37,087 $39,047 $42,784 $46,869 $66,437 $72,523 $54,576 $52,833 $71,544 $80,453 (upland) (upland) (upland) (upland) (upland) (upland) (upland) (upland) (upland) (upland) (upland) (upland) (upland) (upland) (upland)

12.7%14.2% 8.9% -30.9% -4.3% 35.4%8.4% -11.6% 4.6% 9.4% 7.2%-5.3% 14.4% 3.6% -9.3% Fee Category 2008 2009 2010 2011
$7,195 $6,364 $6,656 $7,281
2013 2014 20152012
$6,511 $6,165 $7,052 $7,307 $6,631
$19,400
$7,807 $8,905 $9,701
20192016 2017 2018
$14,104 $14,615 $13,262 $14,372 $17,808
Percentage of
Change Yearly
2020
$6,412
$12,822
Multi-Purpose
Open Space
Vernal Pools
$80,760
(wetted)
$42,071
(upland)
$13,399 $12,711 $13,295 $14,543 $15,596
$6,700
$13,022 $12,329
2022
$9,781
$19,561
2021
$8,682
$17,363
Annually, the SJMSCP development fees are reviewed and calculated using a formula method adopted under the habitat. The three components of t he formula are adjusted using a specific mechanism, which relates to the individual component in the fee based on the most current data.

The development fees established must be adopted by each of the jurisdictions and would become effective on January 1 of the subsequent year for projects using the SJMSCP.

Category A (Acquisition) – Comparable Land Sales

This category is directly related to land valuation based on comparable land sales in San Joaquin County in specific zones of the plan area (Central Zone, Central Southwest Transition Zone and Delta Zone) over an established two -year period meeting the established criteria used for comparable land sales (Attachment 1). Cost estimates for this category will continue to be evaluated on a yearly basis by taking all qualified fee title comparable sales in each zone to set a weighted cost per acre.

The model update results in a 15.8% increase in the Agricultural/Natural Habitat types of Category A (Acquisition) component to be $13,594. The reason for the increase is the rise in comparable fee title land sale values.

Category B ( Assessment and Enhancement) – Refined Cost Factors with Consumer Price Index and Model Data Update

The Category B component of the fee is adjusted using several factors including the California Consumer Price Index (CPI), as reported by the California Department of Finance for the preceding 12-month fiscal year (June 2020 – June 2021) and from the updat ed model numbers completed annually based on the SJMSCP Annual Report.

Cat A Cat B Cat C Fee

The unit cost factors (per acre or per year for some items) are adjusted only by the CPI (the California CPI calculation was an increase of 4.4% ). But, the total cost for Category B is also a function of the SJMSCP Annual Report data updated annually (acres remaining to be acquired and the number of years remaining in the permit term; the fee per acre is a function of those total calculated costs and the land conversion acres remaining). These parts all feed into the fee model.

The model update results in a 6.4% increase in the Agricultural/Natural Habitat types of Category B (Assessment and Enhancement) component to be $5,256.

Category C ( Management, Monitoring and Administration) – Refined Cost Factors/ Long Term Investment with Consumer Price Index

Annual cost updates use the California Consumer Price Index (CPI), as reported by the California Department of Finance, for the preceding 12-month fiscal year (June 2020 – June 2021) to keep up with inflation on an annual basis.

The model update results in a 4.4% increase in the Agricultural/Natural Habitat types of Category C (Management, Monitoring and Administration) component from prior years to be $710.96.

In summary, the SJMSCP fees is calculated using the SJMSCP Financial Analysis formula model shown in the final proposed fee table 4 below and Attachment 2 (SJMSCP Cost and 2022 Fee Analysis). The overall result in the fee analysis is a 12.7% increase in the most impacted Agricultural and Natural Habitat Classifications fees for 2022.

Table 4 - 2022 SJMSCP Development Fees - Proposed

Habitat Type Category A Category B Category C Total Fee Rounded Fee Other Open Space $6,797.00 $2,628.00 $356.00 $9,781.00 $9,781 Natural/Ag Lands $13,594.00 $5,256.00 $710.96 $19,560.96 $19,561 Vernal Pool Grasslands $65,307.00 $13,390.00 $1,756.01 $80,453.01 $80,453 Vernal Pool Wetted $64,182.00 $108,136.00 $1,721.56 $174,039.56 $174,040

COMMITTEE ACTIONS:

• HTAC FINANICAL SUBCOMMITTEE: Recommended Approval to HTAC • HTAC: Recommended Approval to SJCOG Inc. Board
• Management and Finance: Information
• Executive Committee: Information
• SJCOG Inc. Board: Action Required

Prepared by: Steven Mayo, Program Manager

Attachment 1 – 2022 Fee Study Property List - Props 24 Month

Attachment 2 – SJMSCP Cost and Fee Analysis 2022 Update

FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 Table of Contents List of worksheet tabs and contents
Notes to User Model overview and instructions for annual updates Fee Summary Comparison Table showing calculated fee amounts by habitat type and category; comparison to adopted fees; linked from other sheets; includes California CPI factor for Category C annual update
A1 PerAcreCostFactorsbyZone Per acre easement cost factors by zone based on input from comparables and appraisal analysis A2 PerAcreAcquisitionCost Weighted acquisition cost factors by habitat type based on distribution of preserves by zone; adds transaction costs A3 AcquisitionCostHabitatType Total acquisition cost by habitat type, for preserves remaining to be acquired A4 AcquisitionFEE Category A fee by habitat type, based on remaining land conversion B1 PreserveEnhancementCost Weighted enhancement cost factors by habitat type based on estimate of acres enhanced and detailed per acre enhancement cost factors B2 AssessmentEnhancementCost All assessment and enhancement cost factors by habitat type, for preserves remaining to be acquired B3 AssessEnhancementCostAllocation Total assessment and enhancement cost by habitat type, remainder of permit term, for preserves remaining to be acquired B4 AssessmentEnhancementFEE Category B fee by habitat type, based on remaining land conversion C MonitoringAdminFEE Category C fee by habitat type, based on remaining land conversion; links to summary comparison for annual update For 5-Year Update Only => Workbook break: the following tabs for Category C are only used in the 5-year economic analysis update C1 MonitoringCost Monitoring cost factors by habitat type, including post-permit annual cost; costs for remainder of permit term, all preserve acres C2 PMAdminCost Project management and administrative cost factors, including post-permit annual cost; costs for remainder of permit term, all preserve acr C3 Permit Term Cost Adjustments Category C fund balance deducted from Category C costs remainder of permit term to calculate net cost for cost allocation and fee C4 Endowment Endowment cash flow, return assumptions, and total in year 51 to support post-permit annual cost C5 MonitoringAdminCostAlloc Total monitoring, management, and administrative cost by habitat type, remainder of permit term and endowment for post permit cost C6 MonitoringAdminFEE Category C fee by habitat type, based on remaining land conversion Source for update acres => Workbook break: the following tabs are updated annually and every 5 years for acres inputs 1 SJMSCP Acres 6_4_2015 Land conversion and preserve acres by habitat type for the 50-year permit term (source table)

2.1 RemainingPreservetoAcquire Preserve Acres, Total and Remaining to be Acquired (from Table 1 and Annual Report updates)

2.2 Preserves_Habitat_Zone_2019 Detail on preserve acquisition by habitat type and zone for use in monitoring cost estimates (not used in annual updates) 3 Cumulative Take_Remaining Allowed and Remaining Incidental Take Acreage (from Table 1 and Annual Report updates) 4 PreserveAcquisitionSchedule Preserve Acquisition Schedule, All Habitat Types, by Index Zone, Remaining Permit Term (from Table 2.1 and 2.2) Fund Balance Analysis => Workbook break: the following tabs are updated every 5 years for Category C cost analysis 5 FundBalanceAllocation Allocation of Fund Balance to Category B and Category C (permit term) and post-permit endowment B1 ExistingPreserveEnhanceCost Estimate of enhancement costs on existing preserves with updated cost factors, to allocate fund balance to Category B DRAFT SJMSCP Cost and Fee Analysis 2022 Update_For Annual Updates_Mayo July 2021_2020 Annual w CPI - TABLE OF CONTENTS - 8/12/2021 FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 Category A Category B Category C
2022 Fees - Proposed Acquisition Assessment &
Enhancement
Monitoring,
Management &
Administration, &
Post-permit
Endowment
Total Total Rounded
Other Open Space $6,797.00 $2,628.00 $356.00 $9,781.00 $9,781 Natural/Ag Lands $13,594.00 $5,256.00 $710.96 $19,560.96 $19,561 Vernal Pool Grasslands $65,307.00 $13,390.00 $1,756.01 $80,453.01 $80,453 Vernal Pool Wetted $64,182.00 $108,136.00 $1,721.56 $174,039.56 $174,040 Category A Category B Category C
2021 Fees - Adopted Acquisition Assessment &
Enhancement
Monitoring,
Management &
Administration, &
Post-permit
Endowment
Total Total Rounded
Other Open Space $5,870.00 $2,471.00 $341.00 $8,682.00 $8,682 Natural/Ag Lands $11,740.00 $4,942.00 $681.00 $17,363.00 $17,363 Vernal Pool Grasslands $57,036.00 $12,826.00 $1,682.00 $71,544.00 $71,544 Vernal Pool Wetted $56,057.00 $103,580.00 $1,649.00 $161,286.00 $161,286 Difference Per Acre ($) Acquisition Assessment &
Enhancement
Monitoring,
Management &
Administration, &
Post-permit
Endowment
Total Total Rounded
Other Open Space $927 $157 $15 $1,099 $1,099
Natural/Ag Lands $1,854 $314 $30 $2,198 $2,198
Vernal Pool Grasslands $8,271 $564 $74 $8,909 $8,909
Vernal Pool Wetted $8,125 $4,556 $73 $12,754 $12,754
Percent Difference Acquisition Assessment &
Enhancement
Monitoring,
Management &
Administration, &
Post-permit
Endowment
Total Total Rounded
Other Open Space 15.8% 6.4% 4.4% 12.7% 12.7%
Natural/Ag Lands 15.8% 6.4% 4.4% 12.7% 12.7%
Vernal Pool Grasslands 14.5% 4.4% 4.4% 12.5% 12.5%
Vernal Pool Wetted 14.5% 4.4% 4.4% 7.9% 7.9%
DRAFT SJMSCP Cost and Fee Analysis 2022 Update_For Annual Updates_Mayo July 2021_2020 Annual w CPI - Fee Summary Comparison - 8/12/2021 FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 TABLE A.1
2020 Five-Year Economic Analysis and Fee Update
SJMSCP Fee Update - 2021 (for 2022 SJMSCP Development Fee Cycle) Category A Per-Acre Acquisition Cost Factors by Zone (2021 dollars) Central Zone Primary Zone of
the Delta
Southwest
Zone 3
Fee title value1 a $25,532 $15,373 na
Easement percent of fee title value2 b 56% 56% na
Easement costs a × b $14,298 $8,609 $1,000

1. SJCOG, Inc. Fee Study Property List, Table A and Table B

2. SJCOG, Inc. Appraisals as of June 2020

3. Based on standard easement cost in Southwest Zone of $1,000/acre.

DRAFT SJMSCP Cost and Fee Analysis 2022 Update_For Annual Updates_Mayo July 2021_2020 Annual w CPI - A1 PerAcreCostFactorsbyZone - 8/12/2021 FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 TABLE A.2
2020 Five-Year Economic Analysis and Fee Update
SJMSCP Fee Update - 2021 (for 2022 SJMSCP Development Fee Cycle) Per Acre Acquisition Cost by Preserve/Habitat Type (2021 dollars) Preserve/Habitat Type
Central Zone Primary Zone of
the Delta
Southwest
Zone
A B C A + B + C = D D × 5% = E D + E
Easement cost by zone 1 d $14,298 $8,609 $1,000
Agricultural Lands
Percent in zone 2 e 98% 2% 0%
Weighted costs 3 d × e $14,040 $155 $0 $14,195 $710 $14,905 Natural Lands
Non-vernal pool natural lands
Percent in zone 2 f 77% 4% 18%
Weighted costs 3 d × f $11,046 $382 $183 $11,611 $581 $12,192 Vernal pool grasslands 4 n/a n/a n/a $20,426 $1,021 $21,447 Vernal pool wetted 4 n/a n/a n/a $20,426 $1,021 $21,447

1. See Table A.1.

2. Percent of total lands in each category assumed to be in a given zone. Based on 1996 Economic Analysis.

4. Assumes fee title acquisition for vernal pool lands. Vernal pool habitat fee title land costs assumed to be about 80% of average Central Zone fee title costs.

5. Transaction costs include biological baseline reporting, appraisal, escrow, and survey costs. Costs are estimated at 5 percent of acquisition cost.

SJMSCP Zone

3. Weighted average cost based on generalized proportion of total preserve land in each zone. Assumes easement acquisition for lands categorized as agriculture and all natural lands except vernal pool habitat.

Total
Weighted
Acquisition
Cost
Transaction
Costs 5
Total Land
Acquisition
Costs Per
Acre
DRAFT SJMSCP Cost and Fee Analysis 2022 Update_For Annual Updates_Mayo July 2021_2020 Annual w CPI - A2 PerAcreAcquisitionCost - 8/12/2021 FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 TABLE A.3
2020 Five-Year Economic Analysis and Fee Update
SJMSCP Fee Update - 2021 (for 2022 SJMSCP Development Fee Cycle) Total Acquisition Costs by Habitat Type, Remainder of Permit Term (2021 dollars) Preserves by Habitat Type
Land
Acquisition
Cost Per Acre
Preserve Acres
Remaining to be
Acquired
Total Costs of
Acquisition
Agricultural lands $14,905 39,864.48 $594,180,089 Natural lands
Non-vernal pool natural lands $12,192 24,321.84 $296,531,873 Total for Non-vernal pool Natural /Ag Land $13,877 64,186.32 $890,711,962 Vernal pool grasslands $21,447 15,720.66 $337,160,888 Vernal pool wetted $21,447 2,115.00 $45,360,405 Sources: SJCOG, Inc., SJMSCP 2020 Annual Report, and Hausrath Economics Group.

DRAFT SJMSCP Cost and Fee Analysis 2022 Update_For Annual Updates_Mayo July 2021_2020 Annual w CPI - A3 AcquisitionCostHabitatType - 8/12/2021 FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 TABLE A.4
2020 Five-Year Economic Analysis and Fee Update
SJMSCP Fee Update - 2021 (for 2022 SJMSCP Development Fee Cycle) Category A Acquisition
Fee Calculations (2021 dollars)
Habitat Type Preserve Land Acquisition
Costs associated with non-vernal pool natural/agricultural lands conversio $890,711,962 Natural (non vernal pool)/Agricultural land conversion (acres) , remaining 48,349.32 Multi-purpose open space conversion (acres), remaining1 34,349.31 Multiplier for natural/agricultural land conversion 1
Multiplier for multi-ourpose open space conversion1 0.5 Acquisition Component of Natural (non vernal pool)/Agricultural Lands F $13,594 Acquisition Component of Multi-Purpose Open Space Fee1 $6,797 Costs associated with vernal pool grasslands $337,160,888 Vernal pool grassland conversion (acres), remaining 5,162.74 Acquisition Component of Vernal Pool Grasslands Fee $65,307 Costs associated with vernal pool wetted $45,360,405
Vernal pool wetted conversion (acres), remaining 706.75 Acquisition Component of Vernal Pool Wetted Fee $64,182

1. As described in SJMSCP Section 7.4.1.2, the fee calculation allocates the costs associated with agricultural habitat and non-vernal pool natural lands preserves to conversion of both those high value lands (agricultural land and non- vernal pool natural land) and lower value multi-purpose open space. In other words, the SJMSCP does not enhance multi-purpose open space lands but allocates some of the costs of enhancements on agricultural and natural lands preserves to the conversion of multi-purpose open space lands to assist with the financing of those enhancements.

Sources: SJCOG, Inc., SJMSCP 2019 Annual Report, and Hausrath Economics Group.

DRAFT SJMSCP Cost and Fee Analysis 2022 Update_For Annual Updates_Mayo July 2021_2020 Annual w CPI - A4 AcquisitionFEE - 8/12/2021 FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 TABLE B.1
2020 Five-Year Economic Analysis and Fee Update
SJMSCP Fee Update - 2021 (for 2022 SJMSCP Development Fee Cycle) Category B Assessment, Planning, Restoration and Enhancement Habitat Type
Total Preserve
Acres (including
neighboring lands
preserves)
Percent of
Preserve
Acres
Enhanced1
Acres Benefiting
from
Enhancements

Hedgerow or
Other Linear
Habitat Feature (
acres)2
Enhancement
Cost per Acre3
Total
Enhancement Cost
Enhancement
Cost per Preserve
Acre
1 2 3 4 5 6 7
Agricultural Habitat Lands4 57,935 10% 5,794 776 $74,124 $57,520,224 $993 Natural Lands
Ditches 378 33% 126 $323,640 $40,778,640 Grasslands 14,559 33% 4,853 $20,462 $99,304,027 Oak woodlands 858 33% 286 $30,276 $8,658,936 Riparian 2,725 33% 908 $88,740 $80,605,500 Submerged aquatic in the Delt 10 100% 10 $61,596 $615,960 Subtotal 18,530 6,183 $37,191 $229,963,063 Other natural lands5 6,445 33% 2,148 $37,191 $79,898,218 Subtotal Non VP Natural 24,975 $309,861,281 $12,407 Vernal pool wetted 2,121 33% 707 $108,263 $76,541,800 $36,088 Vernal pool grasslands 15,811 33% 5,270 $13,050 $68,777,850 $4,350 Subtotal All Natural Lands 42,907 14,309 $455,180,931 Total 100,842 20,103 $512,701,155

1. Enhancement criteria derived from the SJMSCP, Section 5.4.6.

5. Estimated based on the weighted average cost for all other non-vernal pool natural lands.

Sources: Table A.1, SJCOG, Inc., ICF, and Hausrath Economics Group

3. The enhancement cost applies to the acres where construction and/or installation actually takes place. In the case of hedgerows or other linear features, this is only the relatively small area of activity, not the total area that is thereby enhanced. Enhancement cost includes costs for materials, construction labor, and equipment. In addition to the installation activity, the cost per enhanced acre also includes a cost for project oversight and contract adminstration and three years of maintenance and monitoring. For vernal pool wetted restoration, the cost includes 5 monitoring years during a 10 year post-restoration monitoring period.

4. For agricultural habitat lands, a SJMSCP describes a broad range of enhancement activities and a generalized target of 10 percent enhancement; providing benefits to species without substantially reducing the amount of agricultural land in production. This can be achieved by implementing the linear features described in footnote 2. Pollinator hedgerows or similar linear features enhance the entire field that they are associated with, thereby counting toward the 10 percent enhancement criteria while taking substantially less land out of production.

2. Unlike most other habitat types, agricultural lands are enhanced by treating linear features that run along the edge of or through fields--features such as roads or drainage ditches. In these cases, the land area of direct enhancement activity is substantially less than that area benefiting from the enhancement. This has the advantage of minimizing impacts to agricultural land production. Installing pollinator hedgerows at the edges of fields and grassland borders along irrigation and drainage ditches, and planting nest trees and associated shrubs and grasses, are enhancements used in the cost analysis to represent the range of types of agricultural land enhancements outlined in the SJMSCP.

In addition to benefits to species, these linear features offer benefits of preventing soil erosion and reducing costs for weed control and linear water conveyance infrastructure maintenance. They also enhance the entire field they are associated with, meeting the 10 percent enhancement criterion while also minimizing loss of productive agricultural land. The enhancement cost estimate for agricultural lands is therefore based on the acres of hedgerow or other linear feature multiplied by the cost per acre to install hedgerows and similar linear features.

SJMSCP Preserve land by habitat type, enhancement analysis, and enhancement cost per preserve acre (2021 dollars) DRAFT SJMSCP Cost and Fee Analysis 2022 Update_For Annual Updates_Mayo July 2021_2020 Annual w CPI - B1 PreserveEnhancementCost - 8/12/2021 FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 TABLE B.2
2020 Five-Year Economic Analysis and Fee Update
SJMSCP Fee Update - 2021 (for 2022 SJMSCP Development Fee Cycle) Category B Assessment, Planning, Restoration and Enhancement Cost Factors (2021 dollars) Remainder of Permit Term
Remaining years in permit term 30 used in formulae below to calculate costs for the remainder of the permit Biological Site Assessment
Number of site visits per year 8 assumes 6 hours per visit Annual cost $7,266
Total Site Assessment cost remainder of permit term $217,980 Preserve Management Plan Preparation
Number of management plans per year 12 assumes 40 hours per plan Annual cost $72,662
Total Preserve Management Plan cost remainder of permit t $2,179,860 Preserve Enhancement Plan Preparation
Average cost per enhancement plan $4,239 assumes 28 hours per plan for each enhancement project Average acres per project 240
Average cost per preserve acre $18
Preserve Enhancements on Agricultural Lands
Enhancement cost per preserve acre $993 from Table B1
Preserve Enhancements on Non-Vernal Pool Natural Lands
Enhancement cost per preserve acre $12,407 from Table B1 Vernal Pool Creation/Enhancement
Enhancement cost per preserve acre $36,088 from Table B1 Vernal Pool Upland Grassland Enhancement
Enhancement cost per preserve acre $4,350 from Table B1 Sources: SJCOG, Inc., SJMSCP 2019 Annual Report, ICF, and Hausrath Economics Group.

DRAFT SJMSCP Cost and Fee Analysis 2022 Update_For Annual Updates_Mayo July 2021_2020 Annual w CPI - B2 AssessmentEnhancementCost - 8/12/2021 FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 TABLE B.3
2020 Five-Year Economic Analysis and Fee Update
SJMSCP Fee Update - 2021 (for 2022 SJMSCP Development Fee Cycle) Category B Assessment, Planning, Restoration and Enhancement (2021 dollars) Cost Allocation by Habitat Type
Remainder of Permit Term

multiplied by preserve
acres remaining to be
acquired
Preserves by Habitat Type
Acres Remaining
to be Acquired1
Percent
of Total
Biological Site
Assessment
Preserve
Management Plans
Preserve Enhancement
Plans
Preserve
Enhancements
Vernal Pool
Restoration
Agricultural lands 39,864.48 49% $105,943 $1,059,460 $717,561 $39,579,078 na Non-vernal pool natural lands 24,321.84 30% 64,637 646,390 437,793 $301,757,618 na Vernal pool grasslands 15,720.66 19% 41,779 417,801 282,972 $68,384,849 na Vernal pool wetted 2,115.00 3% 5,621 56,209 38,070 na $76,325,274 82,021.98 100% $217,980 $2,179,860 $1,476,396 $409,721,545 $76,325,274

1. Includes 600 acres of neighboring lands preserves.

2. SJCOG, Inc. spending through 12/31/19 on site visits and preserve management plans totals at least $400,000; assume all of these types of costs for existing preserves are included in spe Sources: SJCOG, Inc., SJMSCP 2019 Annual Report, ICF, and Hausrath Economics Group.

Costs - Remainder of Permit Term
Cost per acre multiplied by
preserve acres remaining to be
acquired
Total cost allocated by preserve type
percent of total preserve acres remaining
to be acquired2
DRAFT SJMSCP Cost and Fee Analysis 2022 Update_For Annual Updates_Mayo July 2021_2020 Annual w CPI - B3 AssessEnhancementCostAlloc - 8/12/2021 FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 TABLE B.4
2020 Five-Year Economic Analysis and Fee Update
SJMSCP Fee Update - 2021 (for 2022 SJMSCP Development Fee Cycle) Category B Assessment, Planning, Restoration and Enhancement Fee Calculations (2021 dollars)
Remainder of Permit Term
Habitat Type
Biological
Site
Assessment
Preserve
Managemen
t Plans
Preserve
Enhancement
Plans
Agricultural and
Non VP Natural
Land
Enhancement
Total for
Agricultural and
Non VP Natural
Land (incl. assessment
and plans)
Vernal Pool
Restoration /
Enhancement
Total for
Vernal Pool
(incl. assessment
and plans)
Costs associated with non-vernal pool natural/agricultural lands conversi $170,580 $1,705,850 $1,155,354 $341,336,696 $344,368,480 Natural (non vernal pool)/Agricultural land conversion (acres), remaining 48,349.32 48,349.32 48,349.32 48,349.32 48,349.32 Multi-purpose open space conversion (acres), remaining1 34,349.31 34,349.31 34,349.31 34,349.31 34,349.31 Multiplier for natural/agricultural land conversion 1 1 1 1 1 Multiplier for multi-purpose open space conversion1 0.5 0.5 0.5 0.5 0.5 Assessment & Enhancement Component of Natural (non-vernal pool)/Agricultural Lands Fee $3 $26 $18 $5,209 $5,256
Assessment & Enhancement Component of Multi-Purpose Open Space $2 $13 $9 $2,605 $2,628 Costs associated with vernal pool grasslands $41,779 $417,801 $282,972 $68,384,849 $69,127,401 Vernal pool grassland conversion (acres), remaining 5,162.74 5,162.74 5,162.74 5,162.74 5,162.7 Assessment & Enhancement Component of Vernal Pool Grasslands Fee $8 $81 $55 $13,246 $13,390 Costs associated with vernal pool wetted $5,621 $56,209 $38,070 $76,325,274 $76,425,174 Vernal pool wetted conversion (acres), remaining 706.75 706.75 706.75 706.75 706.8 Assessment & Enhancement Component of Vernal Pool Wetted Fee $8 $80 $54 $107,995 $108,136 Sources: SJCOG, Inc., SJMSCP 2019 Annual Report, ICF, and Hausrath Economics Group.

1. As described in SJMSCP Section 7.4.1.2, the fee calculation allocates the costs associated with agricultural habitat and non-vernal pool natural lands preserves to conversion of both those high value lands (agricultural land and non-vernal pool natural land) and lower value multi-purpose open space. In other words, the SJMSCP does not enhance multi-purpose open space lands but allocates some of the costs of enhancements on agricultural and natural lands preserves to the conversion of multi-purpose open space lands to assist with the financing of those enhancements.

DRAFT SJMSCP Cost and Fee Analysis 2022 Update_For Annual Updates_Mayo July 2021_2020 Annual w CPI - B4 AssessmentEnhancementFEE - 8/12/2021 FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 TABLE C.5 for Annual Update
2020 Five-Year Economic Analysis and Fee Update
SJMSCP Fee Update - 2021 (for 2022 SJMSCP Development Fee Cycle) Category C Monitoring and Program Management/Administration, including endowment for post-permit costs Fee Calculations (2021 dollars)
Habitat Type
Remainder of
Permit Term Post permit Total
Post Permit
% of Total
Fee
Costs associated with non-vernal pool natural/agricultural lands conversion $38,737,435 $6,809,704 $45,547,139 Non-vernal pool Natural/Agricultural land conversion (acres), remaining 49,654.31 49,654.31 49,654.31 Multi-purpose open space conversion (acres), remaining1 34,494.82 34,494.82 34,494.82 Multiplier for natural/agricultural land conversion 1 1 1 Multiplier for multi-purpose open space conversion1 0.5 0.5 0.5 Monitoring & Administration Component of Natural (non-vernal pool)/Agricultural Lands Fee $579 $102 $681 15%
Monitoring & Administration Component of Multi-Purpose Open Space Fe $290 $51 $341 15% Costs associated with vernal pool grasslands $7,387,258 $1,298,616 $8,685,874 Vernal pool grassland conversion (acres), remaining 5,163.08 5,163.08 5,163.08 Monitoring & Administration Component of Vernal Pool Grasslands Fee $1,431 $252 $1,682 15% Costs associated with vernal pool wetted $990,979 $174,206 $1,165,185 Vernal pool wetted conversion (acres), remaining 706.75 706.75 706.75 Monitoring & Administration Component of Vernal Pool Wetted Fee $1,402 $246 $1,649 15% Note: Net of existing fund balance allocated to Category C permit-term and post-permit costs.

Sources: SJCOG, Inc., SJMSCP 2019 Annual Report, ICF, Urban Economics, and Hausrath Economics Group.

1. The fee calculation allocates the costs associated with agricultural habitat and non-vernal pool natural lands preserves to conversion of both those high value lands (agricultural land and non-vernal pool natural land) and lower value multi-purpose open space, thereby assisting with the financing of management and monitoring on agricultural and natural lands preserves.

DRAFT SJMSCP Cost and Fee Analysis 2022 Update_For Annual Updates_Mayo July 2021_2020 Annual w CPI - C MonitorAdminFEE - 8/12/2021 FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 TABLE 1
2020 Five-Year Economic Analysis and Fee Update
Land Conversion and Preserve Acres by Habitat Type for the 50-year Permit Term Habitat Type Land Conversion1
Number of Preserve
Acres to Land
Conversion Acres
Total Preserve
Acres for
Compensation
Neighboring Land
Protection
Preserves
Total All
Preserve
Acres
Percent
Total Acres
Agricultural lands2 57,635 1.00 57,635 300 57,935 57% Natural Lands
Ditches3 126 3.00 378 378 0.37% Grasslands4 4,853 3.00 14,559 14,559 14.44% Oak woodlands5 286 3.00 858 858 0.85% Riparian6 900 3.00 2,700 25 2,725 2.70% Submerged aquatic in the Delta Zone 3 3.00 10 10 0.01% Vernal pool grasslands7
VP - wetted surface area 707 3.00 2,121 2,121 2.10% VP - upland grassland 5,187 3.00 15,561 15,561 15.43% VP - Neighboring Land Protection preserves8 na 250 250 0.25% Other natural lands9 2,140 3.00 6,420 25 6,445 6.39% Subtotal Natural Lands 14,202 42,607 300 42,907 42.55% Total 71,837 100,242 600 100,842 100.00%

3. Drainage ditches (unlined) generally found in agricultural fields (D types).

4. Valley grasslands (G types) and Foothill grasslands (G2 types).

7. Vernal pool grasslands (G3 type) .

NOTE: In the following footnotes, "type" refers to the mapped habitat unit identified in the SJMSCP Biological Analysis (Chapter 2). The following footnotes provide summaries only and the reader should refer to the Biological Analysis for a detailed description of each habitat type.

5. Blue Oak woodlands, savanna and forests (BL types), Blue Oak Conifer woodlands, savanna and forests (BCN types), Valley Oak Woodland, savanna and forests (V types), and Mixed Oak Woodlands, savanna and forests (O types).

6. This category includes those portions of rivers and major streams located outside the Primary Zone of the Delta (Mokelumne, Calaveras, Stanislaus, and San Joaquin Rivers). These were originally included in a separate "Riparian Zone" during the SJMSCP planning process (i.e., "Riparian" refers to a zone rather than to the "Riparian" habitat type. The Riparian Zone was "absorbed" or combined into its surrounding zone (i.e., Central/Central-Southwest) in the final SJMSCP. It generally included River and Deep water channel (W), Tributary Streams (W2), Creeks-intermittent and perennial (W3, W3-i, W3-p), Dead-end sloughs (W-4) and their associated riparian habitats (Great Valley Riparian - R, R2, R3, R5, R4, S, S2). This category includes 25 acres of Neighboring Lands Protection Preserves for Valley elderberry longhorn beetle habitat.

9. This category includes all natural land types except for Vernal Pools. Cost estimates in this category are an average of the costs of acquiring, restoring, enhancing the Natural Land categories specified in the preceding categories excluding Vernal Pools. This category also includes natural lands not included in other categories: All Water Features (W types), Channel islands (I types), tule island and mudflat (I2) marsh, and Diablan sage scrub (S3 types) and all other types of Natural Lands.

8. The vernal pool preserves for Neighboring Land Protection consist of existing vernal pools (no creation requirement). Enhancements will benefit the tiger salamander.

2. Neighboring Land Protection Preserves consist of ditched agricultural lands providing habitat for giant garter snake and pond turtle and other lands as needed for compensation to other covered species associated with agricultural land preserves.

1. Land conversion includes results of Tier 1 and Tier 2 analyses. Agricultural land conversion includes 9,720 acres from Tier 2 Analysis and Natural Lands conversion includes 5,000 acres from Tier 2 Analysis of vernal pool conversion to orchards and vineyards and 744 acres of other natural lands conversion.

DRAFT SJMSCP Cost and Fee Analysis 2022 Update_For Annual Updates_Mayo July 2021_2020 Annual w CPI - 1 SJMSCP Acres 6_4_2015 - 8/12/2021 FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 TABLE 2.1
2020 Five-Year Economic Analysis and Fee Update
Preserve Acres, Total and Remaining to be Acquired1
Preserve/Habitat Type
Total Preserve
Acres - 50-year
Permit
Total Preserve
Acres Acquired
through
12/31/20202
Total Preserve
Acres Remaining
to Be Acquired
(links to A.3, B.3.
and C.4)
Agricultural lands 57,935 11,270.519
Grasslands mitigating agricultural land impacts 6,800
Natural lands
Ditches 378 - 378.00 Grasslands 14,559 578.510 13,980.49 Oak woodlands 858 - 858.00 Riparian 2,725 44.050 2,680.95 Submerged aquatic in the Delta 10 - 10.00 Other natural lands 6,445 30.600 6,414.40 Subtotal non-vp natural lands 24,975 653.160 24,321.84 Total Non VP Natural/Ag Lands 82,910 18,723.679 64,186.32 Vernal pool wetted 2,121 6.000 2,115.00 Vernal pool grasslands 15,811 90.345 15,720.66 Total 100,842 18,820.024 82,021.98 Notes:

1. Includes six acres of vernal pool jumpstart.

Sources: Table 1 in this workbook, Table 6 from Annual Reports through 2019, and SJCOG Inc. staff.

2.The Mizuno Preserve (row and field crop agricultural land preserve) is recorded at 181.449 acres (3 decimals).

All other preserve acres recorded at 2 decimals or less. 39,864.48
DRAFT SJMSCP Cost and Fee Analysis 2022 Update_For Annual Updates_Mayo July 2021_2020 Annual w CPI - 2.1 RemainingPreservetoAcquire - 8/12/2021 FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 Table 2.2
2020 Five-Year Economic Analysis and Fee Update
A. Preserves Acquired by Habitat Type and Zone as of 12/31/2019 Habitat Type Central Delta Southwest Vernal Pool Total
Agricultural lands 6,327.299 4,347.850 10,675.149 Natural lands
Ditches
Grasslands 243.250 7,121.280 7,364.530
Oak woodlands
Riparian 44.050
Submerged aquatic in the Delta
Other natural lands 30.600
Subtotal non-vp natural lands 317.900 - 7,121.280 - 7,439.180 Total Non VP Natural/Ag Lands 6,645.199 4,347.850 7,121.280 - 18,114.329 Vernal pool wetted 6.000 6.000
Vernal pool grasslands (upland) 71.760 18.585 90.345 Total 6,716.959 4,347.850 7,121.280 24.585 18,210.674 Source: SJMSCP 2019 Annual Report , Table 6 and Table 12 B. Preserves Acquired by Summary Habitat Type and Zone as of 12/31/2019 Habitat Type Central Delta Southwest Vernal Pool Total
Agricultural Land 6,327.299 4,347.850 - - 10,675.149 Natural Land 389.66 - 7,121.280 24.585 7,535.525 Total 6,716.959 4,347.850 7,121.280 24.585 18,210.674 Source: SJMSCP 2019 Annual Report , Table 6 and Table 12 C. Estimate of Future Southwest Zone Preserves, July 2020 2,500 Source: SJCOG, Inc. staff.

SJMSCP Index Zone
SJMSCP Index Zone
DRAFT SJMSCP Cost and Fee Analysis 2022 Update_For Annual Updates_Mayo July 2021_2020 Annual w CPI - 2.2 Preserves_Habitat_Zone_2019 - 8/12/2021 FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 TABLE 3
2020 Five-Year Economic Analysis and Fee Update
Allowed and Remaining Incidental Take Acreage
Preserve/Habitat Type
Take Authorizations - 50-year
Permit (including multi-
purpose open space)1
Cumulative Acres
of Take through
12/31/2020
Remaining Acres of
Land Conversion (links
to A.4, B.4. and C.5)
Agriculture 57,635 17,076.46 40,558.54 Multi-purpose (other open space) 37,465 3,115.69 34,349.31 Natural lands
Vernal pool wetted 707 0.25 706.75 Vernal pool upland grassland 5,187 24.26 5,162.74 All other natural lands 8,308 517.55 7,790.78 Total 109,302 20,734.21 88,568.12 Notes:

1. Land conversion includes results of both Tier 1 and Tier 2 analysis. See Table 1 note 1.

Sources: Table 1 in this workbook, SJMSCP Table 1-1 and Table 4.2-2; SJCOG, Inc., 2020 Annual Report Table 4 DRAFT SJMSCP Cost and Fee Analysis 2022 Update_For Annual Updates_Mayo July 2021_2020 Annual w CPI - 3 Cumulative Take_Remaining - 8/12/2021 RESOLUTION NO. 2022-____

A RESOLUTION OF THE LODI CITY COUNCIL SETTING

THE SAN JOAQUIN COUNTY MULTI-SPECIES HABITAT CONSERVATION AND OPEN SPACE PLAN DEVELOPMENT FEE SCHEDULE FOR 2022
========================================================================

WHEREAS, the City Council of the City of Lodi adopted an ordinance establishing the authority for collection of a Development Fee for the San Joaquin County Multi -Species Habitat Conservation and Open Space Plan (SJMSCP) for all new developments pursuant to the SJMSCP within the City of Lodi; and

WHEREAS, a “Fee Study” dated July 16, 2001, was prepared, which analyzed and identified the costs, funding, and cost -benefit of the San Joaquin County Multi -Species Habitat Conservation and Open Space Plan; and

WHEREAS, the purpose of the SJMSCP Development Fee is to finance the goals and objectives of the SJMSCP that include, but are not limited to , preserve land acquisition, preserve enhancement, land management, and administration that compensate for such lands lost as a result of future development in the City of Lodi and in San Joaquin County; and

WHEREAS, after considering the Fee Study and the testimony received at the public hearing, the Lodi City Council approved said report; and further found that the future development in the City of Lodi will need to compensate cumulative impacts to threatened, endangered, rare, and unlisted SJMSCP Covered Species and other wildlife and compensation for some non -wildlife related impacts to recreation, agriculture , scenic values and other beneficial Open Space uses; and

WHEREAS, an “Updated Fee Study” was prepared in 2006, 2011, 2016 and 2020 which analyzed and identified the costs and funding of the SJMSCP; and

WHEREAS, the SJMSCP Development Fees are divided into three categories: Category A – Acquisition; Category B – Enhancement; and Category C – Land Management/ Administration as seen in the table below; and

2022 SJMSCP Development Fees

WHEREAS, the SJMSCP Development Fees will be increased consistent with the Updated Fee Study findings for the year 2022; and

WHEREAS, to ensure that the SJMSCP development fees keep pace with inflation, annual adjustments, based on the method set forth in this resolution, shall be made to the fees annually; and

Habitat Type Category A Category B Category C Total Fee Rounded Fee
Other Open
Space $6,797.00 $2,628.00 $356.00 $9,781.00 $9,781
Natural/Ag
Lands $13,594.00 $5,256.00 $710.96 $19,560.96 $19,561 Vernal Pool
Grasslands $65,307.00 $13,390.00 $1,756.01 $80,453.01 $80,453 Vernal Pool
Wetted $64,182.00 $108,136.00 $1,721.56 $174,039.56 $174,040 WHEREAS, the method of annual adjustments was modified in 2011 , 2016 and again in 2020; and

WHEREAS, the Updated Fee Study with the SJMSCP and the fee amendment were available for public inspection and review in the office of the City Clerk for more than ten days prior to the date of this Public Hearing.

NOW, THEREFORE, BE IT RESOLVED AND DETERMINED by the City Council of the City of Lodi as follows:

1. The City Council finds and declares that the purposes and uses of the Development Fee, and the determination of the reasonable relationship between the fees’ uses and the type of development project on which the fees are imposed, are all establ ished in Ordinance 1707, and remain valid, and the City Council therefore adopts such determinations.

2. The City Council finds and declares that since adoption of Ordinance 170 7, the cost of land has increased in San Joaquin County; and that in order to mai ntain the reasonable relationship established by Ordinance 1707, it is necessary to in crease the Development Fee for the San Joaquin County Multi -Species Habitat Conservation and Open Space Plan.

3. The Development Fee for natural lands, agricultural land, vernal pool habitat and multi - purpose open space conversion shall be consistent with the table identified in Exhibit “A” and attached hereto.

4. The Fee provided in this resolution shall be effective on January 1, 2022.

5. That the Lodi City Council hereby appr oves the proposed Habitat Conservation and Open Space fee adjustment.

Dated: January 5, 2022
========================================================================

I hereby certify that Resolution No. 2022- ____ was passed and adopted by the City Council of the City of Lodi in a regular meeting held January 5, 2022, by the following vote:

AYES: COUNCIL MEMBERS –

NOES: COUNCIL MEMBERS –

ABSENT: COUNCIL MEMBERS –

ABSTAIN: COUNCIL MEMBERS –

JENNIFER CUSMIR
City Clerk

2022-_____
SJCOG, Inc.
555 East Weber Avenue ● Stockton, CA 95202 ● (209) 235-0600 ● FAX (209) 235-0438 San Joaquin County Multi-Species Habitat Conservation & Open Space Plan (SJMSCP)
2022 Updated Habitat Fees*
Habitat Type Fee Per Acre
Multi-Purpose Open Space $9,781
Natural $19,561
Agriculture $19,561
Vernal Pool - uplands $80,453
Vernal Pool - wetted $174,040
* Effective January 1, 2022 – December 31, 2022
\
2022 Endowment Fees with In-lieu Land**
Type of Preserve Enhancement
Cost/acre
Land
Management
Cost/acre

TOTAL PER
ACRE

ENDOWMENT
Agricultural Habitat Lands $5,256.00 $710.96 $5,966.96 Natural Lands $5,256.00 $710.96 $5,966.96
Vernal Pool Habitat
Vernal Pool Grasslands $13,390.00 $1,756.01 $15,146.01 Vernal Pool Wetted $108,136.00 $1,721.56 $109,857.56
** Effective January 1, 2022 – December 31, 2022 in lieu of fees to be used as the endowment for the dedicated land preserves (Category B + C) based on impacted acres.

VELB Mitigation
A special fee category shall apply when removal of the Valley Elderberry Long-horned Beatle (VELB) habitat of elderberry shrubs occurs. The fee shall be paid to SJCOG, Inc. or a VELB mitigation bank approved by the Permitting Agencies. The current fee, as established in the VELB Conservation Fund Account managed by the Center for Natural Lands Management, and approved by the USFWS, is $1,800 per VELB Unit (one unit= one stem over 1" in diameter at ground level which is removed). Fees shall be established by the JPA during preconstruction surveys (i.e., counts of stems to be removed with and without exit holes shall be completed during preconstruction surveys) and shall be paid to the JPA prior to ground disturbance or stem removal, whichever comes first.

Leo Zuber
CHAIR
Robert Rickman

VICE CHAIR
Diane Nguyen

PRESIDENT
Member Agencies

CITIES OF

ESCALON,

LATHROP,
LODI,

MANTECA,
RIPON,

STOCKTON,
TRACY,
AND

THE COUNTY OF

SAN JOAQUIN
Exhibit A

AGENDA ITEM G-03
APPR
OVED: ______________________________
Stephen Schwabauer, City Manager
\\cvcfilv01\administration$\Shared\cityclerk\Agenda\2022\010522\PW - PH Connections\CC_PH_Ordinance Amending Connections Outside City.doc 12/27/21

CITY OF LODI

COUNCIL COMMUNICATION
TM
AG
ENDA TITLE: Public Hearing to Introduce Ordinance Amending Lodi Municipal Code Title 13 “Public Services,” by Repealing and Re-enacting Section 13.12.150 “Connections Outside City” in its Entirety
M
EETING DATE: January 5, 2022
P
REPARED BY: Public Works Director
RE
COMMENDED ACTION: Public Hearing to introduce ordinance amending Lodi Municipal Code Title 13 “Public Services,” by Repealing and Re-enacting Section

13.12.150 “Connections Outside City” in its Entirety.

B
ACKGROUND INFORMATION: The City of Lodi General Plan includes goals that encourage compact development within the General Plan boundaries and to discourage leapfrog development and urban sprawl.

T
o support these goals, the Lodi Municipal Code currently restricts the City from accepting discharge from private facilities or properties outside the City of Lodi service area into the domestic sewerage or storm drainage systems as reflected in Section 13.12.150.B.1.

C
herokee Memorial Park Cemetery (Cherokee Memorial) is a non-profit company that is licensed with the State of California Cemetery and Funeral Bureau. Cherokee Memorial serves Lodi, Stockton, and portions of the San Joaquin Valley; and is located just outside the City’s eastern city limits at the corner of Harney Lane and Beckman Road (Exhibit A). The facility is currently served by a septic system that is regulated by the San Joaquin County Health Department.

C
herokee Memorial has recently embarked on the design of an 18,000 square foot addition to the north side of the Chapel building. The proposed addition includes administrative offices and funeral home functions and will require significantly expanding the existing chapel septic system. For this reason, Cherokee Memorial management is requesting the City consider providing sewer service outside the City to accommodate the addition to the Chapel building.

C
herokee Memorial proposes to connect to the City’s wastewater trunk line that is located approximately 120 feet north of the cemetery. The design concept includes a small force main located within County Right of Way along Beckman Road. The projected wastewater flows from the addition to the Chapel building are anticipated to be less than 1,500 gallons per day. This value is de minimis respective to the capacity of the pipeline serving the proposed connection.

Sta
ff normally would not recommend amending the Lodi Municipal Code to encourage a connection outside City limits. However, Cherokee Memorial does provide a State regulated sanitary service to the City of Lodi and surrounding areas. By adding language that allows Council to consider providing sewer service outside City limits to “existing publicly licensed sanitary service providers to City residents”; Council has the tools to respect the goals identified in the current General Plan while providing an option for improving the service level for our residents that need cemetery services.

Public Hearing to Introduce Ordinance Amending Lodi Municipal Code Title 13 “Public Services,” by Repealing and Re- enacting Section 13.12.150 “Connections Outside City” in its Entirety
January 5, 2022

Page 2 ends

\\cvcfilv01\administration$\Shared\cityclerk\Agenda\2022\010522\PW - PH Connections\CC_PH_Ordinance Amending Connections Outside City.doc 12/27/21 Staff has reviewed the City’s existing LMC and proposes to revise Section 13.12.150.B.1 by adding the bold and italicized language below:

B. Now therefore be it further ordained as follows:

1. Service Outside Lodi. Except as set forth below, no discharge from private facilities or properties outside the city of Lodi shall be allowed into the domestic sewerage or storm drainage systems. The city council may by contract allow connection from: (1) winery facilities outside Lodi to the industrial sewerage system on the terms set forth in this section so long as the system has adequate exist ing capacity to service the waste (2) publicly owned wastewater systems or existing publicly licensed sanitary service providers to City residents ("public district") to the domestic wastewater treatment system on terms set forth in this section so long as the system has adequate existing capacity to service the waste.

If the proposed amendment is approved, Staff will prepare a memorandum of understanding with Cherokee Memorial identifying the terms and conditions associated with connecting to the City’s wastewater system.

The proposed MOU will be brought before City Council for approval at a later date. Applicants receiving services outside City limits currently pay a one-time capacity charge and a monthly sewer surcharge of 150% of the City’s standard published rate for wastewater service.

Staff recommends City Council conduct a Public Hearing to introduce the ordinance amending Lodi Municipal Code Title 13 “Public Services,” by repealing and re-enacting Section 13.12.150 “Connections Outside City” in its entirety.

FISCAL IMPACT: The Wastewater Enterprise Fund will realize a small increase in rate revenue associated with the connection.

FUNDING AVAILABLE: Not applicable.

_______________________________
Charles E. Swimley, Jr.

Public Works Director
CES/cd
Attachment
Cherokee
Memorial
Map data © OpenStreetMap contributors, Microsoft, Esri
Community Maps contributors, Map layer by Esri

EXHIBIT A

CHEROKEE MEMORIAL PARK CEMETERY LOCATION
Legend
City Limits

AGENDA ITEM H-01
APPR
OVED: __________________________________
Stephen Schwabauer, City Manager

CITY OF LODI

COUNCIL COMMUNICATION

TM
AG
ENDA TITLE: Receive Presentation on the 2022 Point in Time Count M
EETING DATE: January 5, 2022
P
REPARED BY: Community Development Director
RE
COMMENDED ACTION: Receive presentation on the 2022 Point in Time Count.

B
ACKGROUND INFORMATION: The Point in Time (PIT) Count is the main data source for measuring progress on the goals of the United States
Department of Housing and Urban Development (HUD) and
the federal strategic plan to prevent and end homelessness.

D
ata about the prevalence of homelessness in each community can help galvanize local responses to accelerating progress on ending homelessness. The PIT count provides an opportunity for Continuums of Care (CoC) organizations to amplify the information they gather with more in-depth surveys. It helps:
• U
nderstand the problems & barriers facing people who live on the streets. • Identify areas where services and support are most needed. • Bring future financial support and resources into San Joaquin • County.
• It is led by HUD sponsored CoC’s across the United States during last 10 days of January. Over 400 CoC's in the United States participate.

T
he San Joaquin County (SJC) PIT Count will take place January 25, 2022 to January 31, 2022.

Several coordinating committees have been established to ensure continuity amongst the cities within SJC. Volunteer recruitment is a crucial aspect to the success for the PIT Count. The target for recruitment across the county is 500 volunteers. Flyers and social media posts will be distributed by each city within SJC to aid in recruitment efforts. Volunteers will have the option to sign up online or via phone. This information was presented by members of the SJC CoC on November 16, 2021 at the SJC Board of Supervisors meeting.

Lodi Information
The City of Lodi 2022 PIT Count will take place on January 26, 2022 from 7am to 1pm. Gravity Church has agreed to be our central command center where volunteers will begin their day before the majority go out to begin the count in the known encampments within the Lodi community. Each volunteer group will have a leader and be comprised of 5 or 6 volunteers whom will be tasked with gathering data via a survey geared towards individuals currently unsheltered.

PIT COUNT
January 5, 2022

Page 2 of 2 ends

FISCAL IMPACT: There is no fiscal impact to the City General Fund. However, it is important that the City participate in the PIT Count as it can impact eligibility for applying and/or receiving of grant resources.

FUNDING AVAILABLE: Not Applicable

_____________________________________
John R. Della Monica, Jr.

Community Development Director

Attachments:

1. November 16, 2021 SJC CoC PIT Count Presentation to Board of Supervisors

2. Lodi PIT Count Flyer

2022 Unsheltered & Sheltered Point-in-Time (PIT) CountPresented by members of the Continuum of Care

Why is the PIT count important?More than just counting numbers...

The PIT count is the main data source for measuring progress on the goals of HUD's Opening Doors, the federal strategic plan to prevent and end Homelessness.Data about the prevalence of homelessness in each community can help galvanize local responses to accelerating progress on ending homelessness.But the count can be more than just a count, too. The PIT count also provides an opportunity for CoC organizations to amplify the information they gather with more in-depth surveys. (such as the current Unsheltered Encampment Survey) It helps:•Understand the problems & barriers facingpeople who live on the streets.•Identify areas where services and supportare most needed.•Bring future financial support and resourcesinto San Joaquin County.It is led by HUD sponsored Continuum of Care's across the United States during last 10 days of January. Over 400 CoC's in the United States.

Prior PIT Data from2019Data at that time helped inform CoC Strategic Plan for Homelessness

PIT Count Dates and Locations by City
Manteca
Jan 25—Manteca City Hall
Stockton
Jan 31 North—Civic Auditorium
South—Alliance Church
Lodi
Jan 26 — Gravity Church
Tracy
Jan 27, 2022—TCCC and Tracy City
Hall

PIT COUNT
VolunteerOutreach•Flyers and social media platforms distributed by each City in San Joaquin County.•Volunteer can sign up on-line to volunteer at: https://bit.ly/PITcount2022 •Volunteer can text “PIT” to 40403•Volunteers can scan the QR Code on Flyer•A dedicated phone line for questions will also be available for volunteers.•Target—Recruit close to 500 volunteers to support all command centers and outreach efforts.

PIT Volunteer Training 2022All Volunteers will be highly encouraged to attend a Virtual Training.Training will include: •What is the PIT Count•COVID-19 Safety•PIT Count PreparationVolunteer zoom training begin in DecemberMonth of January 2022 Use of 3 survey tools
General Survey
For all people or households who are willing and able to answer your survey questions.

Youth AddendumFor use in addition to the general survey formforindividual people under 25, or for households headed by someone under 25, who are willing and able to answer your survey questions.

Observation Tool
For any people or households who are unwilling or unable to answer your survey questions.

PIT Crew Committee Members
PIT Crew Committee Members—Represent Law Enforcement, County services, Nonprofit Community, Outreach Teams, City Leaders, CoCMembers.•Kristen Birtwhistle, United Way of San Joaquin County•Melinda Ramirez, Salvation Army•Jon Mendelson, CVLICH•Adam Cheshire, SJC and CoCManager•Mike Kelly, Manteca Police Department•Jenn Rowell, CoCChair•Tammy Shaff, Dignity Medical Center•Dennis Buetner, San Joaquin County Behavioral Health Services•VanessC. City of Tracy•Bubba Paris, Tracy Community Connections Center•Wayne Templeton, Tracy Community Connections Center•Lilia Perez, Tracy Police Department•David Murphy, City of Tracy•Don Scholl, City of Tracy•Chief Eric Kane, Stockton Police Department•Captain Joshua Doberneck, Stockton Police Department•Jennifer Rhyne, City of Lodi•Kathryn Siddle, City of Manteca•Toni McNiel, San Joaquin Faith In The Valley•Sherriff David Crusinberry, San Joaquin Sherriff CoCRequest for Board of Supervisors Support
Recruiting Volunteers or Volunteering yourself on the day of the PIT Count Fiscal or Sponsorship Support for PIT Count materials,incentives, safety vests and more.

Spreading the Word via your websites and social media platforms. (we will provide you with images for FB, Instagram and Twitter) Let's rally to be ALL IN for the San Joaquin County 2022 PIT Count

VOLUNTEERS (18+) ARE NEEDED TO SURVEY AND

ACCOUNT FOR THOSE EXPERIENCING HOMELESSNESS
FOR THE SJC POINT-IN-TIME (PIT) COUNT.

Account for unsheltered homeless individuals in our community Understand the problems & barriers facing people who live on the streets Identify areas where services and support are most needed Bring future financial support and resources into San Joaquin County This bi-annual count directly impacts our effort to address homelessness:

LODI: Wednesday, January 26 at 7 AM – 1 PM
Multiple volunteer positions available.

The PIT Team and Volunteers will follow COVID-19 safety guidelines and be supported throughout the PIT Count.

Trainings will be provided for volunteers.

VOLUNTEERS ARE NEEDED

FOR MORE
INFORMATION:

TEXT 'PIT' TO
40403 OR SCAN
THE QR CODEFor questions, call 209.320.6212 or visit https://bit.ly/PITcount2022Deadline to sign up is January 14th.

AGENDA ITEM H-02
APPR
OVED: ________________________________________
Stephen Schwabauer, City Manager

CITY OF LODI

COUNCIL COMMUNICATION

TM
AG
ENDA TITLE: Assign and Confirm Annual Appointment of City Council Members on Various Boards, Committees, and Commissions
M
EETING DATE: January 5, 2022
P
REPARED BY: City Clerk
RE
COMMENDED ACTION: Assign and confirm annual appointment of City Council Members on various boards, committees, and commissions.

B
ACKGROUND INFORMATION: The attached set sets forth the service of City Council Members on various County and regional boards, committees, and commissions.

The list is confirmed annually after the reorganization of the City Council for accuracy. The changes made thus far are summarized below and highlighted on the attached list:
• Fol
lowing past practice, the representatives on the San Joaquin Valley Special City Selection Committee have been updated to reflect the reorganization, Mayor Chandler is listed as the D
elegate and Mayor Pro Tempore Hothi as the Alternate
A
dditional consideration:
• P
ursuant to the City Council Protocol Manual Section 4.2b, the Mayor is the City’s representative on t
he League of California Cities Central Valley Division Executive Committee, however in pr
evious years Council Members other that the Mayor have serve as representative. In 2021, Mayor Pro Tempore Hothi was assigned to the position. The Council may decide to retain Mayor Pro Tempore Hothi as the City’s representative, assign Mayor Chandler, or appoint another member of the Council.

S
taff is requesting that Council determine what additional changes need to be made to the appointments and confirm the appointments following a final reading in to the record by the City Clerk.

FISCAL IMPACT: Not applicable.

FUNDING AVAILABLE: Not applicable
_______________________________
Jennifer Cusmir
City Clerk

N:\Shared\cityclerk\Agenda\2022\010522\CLK - Council Appointments\Counsvs 2022-DRAFT.doc Page 1 Revised 1/20/2021

CITY COUNCIL SERVICE ON VARIOUS BOARDS, COMMISSIONS, AND COMMITTEES _________________________________________________________________________________________________

CITY OF LODI RISK OVERSIGHT COMMITTEE – Comprised of Council M ember serving as NCPA Alt ernate Board member, City Manager, Deputy City Manager, City Attorney , and Electric Utility Director, no term limit . Meetings every three to six months or as otherwise called. Contact: Jeff Berkheimer, Electric Utility Director, (209) 333-6762

Business Appointed Expires
Mark Chandler 333-6702 April 15, 2020 Unspecified Doug Kuehne, Alternate 333-6702 January 20, 2021 Unspecified Appointments made by the City Council by motion action. _________________________________________________________________________________________________

DELTA PROTECTION COMMISSION – Comprised of representatives from member counti es and cities within the Delta, two-year term. Meetings every third Thursday or as otherwise called. Contact: Erik Vink, Executive Director, (916) 376-8942

Business Appointed Expires
Alan Nakanishi, Delegate 333-6702 February 20, 2019 Unspecified

Appointments made by a City Selection Committee comprised of all seated Mayors in San Joaquin County. Council Member required. _________________________________________________________________________________________________

EASTERN SAN JOAQUIN GROUNDWATER JOINT POWERS AUTHORITY – Comprised of 1 representative and 1 alternate from each member municipality/agency, no term limit . Board m eetings are TBA and are held at San Joaquin County Agricultural Center, 2101 E. Earhart Avenue, Assembly Rm. #1, Stockton. Contact: Charlie Swimley, Public Works Director, (209) 333-6706

Business Appointed Expires
Alan Nakanishi, Delegate 333-6702 April 5, 2017 Unspecified Charlie Swimley, Alternate 333-6706 April 5, 2017 Unspecified Or Designee

Appointments made by the City Council by motion action. _________________________________________________________________________________________________

LEAGUE OF CALIFORNIA CITIES CENTRAL VALLEY DIVISION EXECUTIVE COMMITTEE – Comprised of 1 representative and 1 alternate from each member municipality from which there is no officer; 2 Lodi reps., no term limit . Meetings as called. Contact: Stephen Qualls, LCC/CVD Public Affairs Regional Manager, 614-0118

Purpose: Led by the Executive Board, the Committee guides member city activities and efforts to improve fellowship and cooperation among member cities and increase the quality, responsiveness, and vitality of Central Valley local governments.

Business Appointed Expires
Mikey Hothi 333-6702 January 20, 2021 Unspecified Stephen Schwabauer, City Manager 333-6700 March 1, 2006 Unspecified

(Pursuant to City Council Protocol Manual Section 4.2b, the Mayor and Mayor Pro Tempore shall be the voting delegate and alternate for the National League of Cities and League of California Cities annual business meetings, unless a Council Member serves in a League of California Cities capacity, then priority will be given to that individual to serve as voting delegate.)

Appointments made by the City Council by motion action. Council Member to serve as representative, City Manager as Alternate. _________________________________________________________________________________________________

LOCAL AGENCY FORMATION COMMISSION (LAFCO) – 1 Lodi rep., 4-year term. Meets 2 nd Thursday of each month at 9:00 a.m., Board of Supervisors’ Chambers, 44 N. San Joaquin Street, 6 th Floor, Stockton. Contact: James Glaser, LAFCO Executive Officer, 468-3198

Business Appointed Expires
Appointments made by a City Selection Committee comprised of all seated Mayors in San Joaquin County. Council Member required.

NOTE: Lodi will have a member in 2027.

N:\Shared\cityclerk\Agenda\2022\010522\CLK - Council Appointments\Counsvs 2022-DRAFT.doc Page 2 Revised 1/20/2021

CITY COUNCIL SERVICE ON VARIOUS BOARDS, COMMISSIONS, AND COMMITTEES _________________________________________________________________________________________________

LODI 2 X 2 COMMITTEE – Comprised of 2 representatives each from the City of Lodi and Lodi Unified School District; no term limits. Meetings as called. Contact Linda Tremble, City Manager’s Office, 333-6700.

Purpose: To provide an opportunity for open dialogue, exchanging of ideas, and discussion of mutual goals between the City and the District; the committee is comprised of 2 Council Members and 2 School Board Members, the City Manager, the Superintendent, and staff members as appropriate.

Business Appointed Expires
Mark Chandler 333-6702 January 20, 2021 Unspecified Mikey Hothi 333-6702 January 20, 2021 Unspecified Appointments made by the Mayor with concurrence of the City Council by motion action. Two Council Members required. _________________________________________________________________________________________________

NORTHEASTERN SAN JOAQUIN COUNTY GROUNDWATER BANKING AUTHORITY – 1 Lodi rep., 4-year term. Board meets 2 nd Wednesday of each month, 9:30 a.m. at the San Joaquin County Agricultural Center , 2101 E. Earhart Avenue, Assembly Rm. #1, Stockton. Contact: Brandon Nakagawa, Water Resources Coordinator, 468-3089

Business Appointed Expires
Alan Nakanishi, Delegate 333-6702 January 6, 2015 Unspecified Water Plant Superintendent, Alternate 333-6878 May 2019 Unspecified Travis Kahrs

Coordinating Committee meets 2nd and 4th Wednesdays. Mr. Richle serves as the representative on the committee.

Appointments made by the Mayor with concurrence of the City Council by motion action. Council Member not required. _________________________________________________________________________________________________

NORTHERN CALIFORNIA POWER AGENCY (NCPA) – 1 Lodi rep., no term limit . Meets 4th Thursday of each month at 9:30 a.m. at various locations. Contact: Cary Padget, NCPA, (916) 781-4202

Business Appointed Expires
Mark Chandler, Delegate 333-6702 January 6, 2015 Unspecified Doug Kuehne, Alternate 333-6702 April 15, 2020 Unspecified Electric Utility Director, Alternate 333-6762 June 21, 2010 Unspecified Jeff Berkheimer
Rates & Resources Manager, Alternate
Melissa Price 333-6811 January 8, 2019 Unspecified

Appointments made by the Mayor with concurrence of the City Council by motion action. Council Member required (Delegate only). ________________________________________________________________________________

SAN JOAQUIN COUNTY ABANDONED VEHICLE ABATEMENT SERVICE AUTHORITY – 1 Lodi rep., no term limit. Meeting date/time/location varies. Contact: Carla Raborn, (209) 468-3229

Business Appointed Expires
Shak Khan 333-6702 January 20, 2021 Unspecified

Appointments made by the Mayor with concurrence of the City Council by motion action. Council Member required. ________________________________________________________________________________

SAN JOAQU IN COUNCIL OF GOVERNMENTS (SJCOG) – 1 Lodi rep., no term limit. Meets 4th Thursday of each month at 5:00 p.m., 555 East Weber Avenue, Stockton. Contact: Andrew Chesley, SJCOG, 235-0444

Business Appointed Expires
Doug Kuehne, Delegate 333-6702 January 6, 2015 Unspecified Shak Khan, Alternate 333-6702 January 20, 2021 Unspecified

Appointments made by the Mayor with concurrence of the City Council by motion action. Council Member required.

N:\Shared\cityclerk\Agenda\2022\010522\CLK - Council Appointments\Counsvs 2022-DRAFT.doc Page 3 Revised 1/20/2021

CITY COUNCIL SERVICE ON VARIOUS BOARDS, COMMISSIONS, AND COMMITTEES ________________________________________________________________________________

SAN JOAQUIN COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT – WATER ADVISORY COMMISSION – 1 Lodi rep., 4-year term. Meets 3rd Wednesday of each month at 1:00 p.m., Public Health Building Conference Room, 1601 Hazelton, Stockton. Contact: Lynn Hoffman, Public Works Dept., 468-3531 ([email protected])

Business Appointed Expires
Public Works Director, Delegate 333-6706 January 6, 2015 February 22, 2021 Charlie Swimley

Water Plant Superintendent, Alternate 333-6878 May 2019 February 22, 2021 Travis Kahrs

Appointments made by the Mayor with concurrence of the City Council by motion action. Council Member preferred, not required. ________________________________________________________________________________

SAN JOAQUIN COUNTY SOLID WASTE MANAGEMENT TASK FORCE – 1 Lodi rep., no term limit. Meeting as called, 1810 E. Hazelton, Stockton. Contact: David Gorton, County Public Works, 468-3066

Business Appointed Expires
Public Works Director 333-6706 April 15, 2020 Unspecified Charlie Swimley

Membership determined by Board of Supervisors and a majority of cities within the County which contain a majority of the populati on of the County. Council Member required.
________________________________________________________________________________

SAN JOAQUIN JOINT POWERS AUTHORITY – 1 Lodi rep., no term limit. Meets quarterly; location varies.

Contact: Stacey Mortensen, Executive Director, (209) 944-6220

Business Appointed Expires
Mikey Hothi 333-6702 January 28, 2021 Unspecified ________________________________________________________________________________

SAN JOAQUIN PARTNERSHIP – 1 Lodi rep., 4-year term. Meets 4th Thursday of each month at 8:00 a.m., 2800 W. March Lane, Suite 470, Stockton. Contact: Chris Bamesberger-Youngsma, 956-3380

Business Appointed Expires
Mark Chandler, Delegate 333-6702 January 20, 2021 Unspecified

Appointments made by the Mayor with concurrence of the City Council by motion action. Council Member required. ________________________________________________________________________________

SAN JOAQUIN REGIONAL RAIL COMMISSION – 1 Lodi rep., no term limit. Meets 1st Fr iday of the month at 8:00 a.m., 949 E. Channel Street, Stockton. Contact: Stacey Mortensen, Executive Director, (209) 944-6220

Business Appointed Expires
Mikey Hothi 333-6702 January 28, 2021 Unspecified ________________________________________________________________________________

SAN JOAQUIN VALLEY SPECIAL CITY SELECTION COMMITTEE – 1 Lodi rep., no term limit. Meetings as called. Meetings held at Central Region Office, Governing Board Room , 1990 E. Gettysburg Avenue, Fresno, CA (or via teleconference at one of these locations: Central Region Office in Fresno, Northern Region Office in Modesto, and Southern Region Office in Bakersfield) .

Contact: Samir Sheikh, Executive Director, San Joaquin Valley APCD, (559) 230-6036

Business Appointed Expires
Mayor, Delegate 333-6702 January 20, 2021 Unspecified Alan Nakanishi Mark Chandler
Mayor Pro Tempore, Alternate 333-6702 January 20, 2021 Unspecified Mark Chandler Mikey Hothi

Mayor and Mayor Pro Tempore serve as the Delegate and Alternate unless Mayor, with concurrence of the City Council, makes an appointment of an alternative Council Member by motion action. Council Member required.

N:\Shared\cityclerk\Agenda\2022\010522\CLK - Council Appointments\Counsvs 2022-DRAFT.doc Page 4 Revised 1/20/2021

CITY COUNCIL SERVICE ON VARIOUS BOARDS, COMMISSIONS, AND COMMITTEES ________________________________________________________________________________

TRANSMISSION AGENCY OF NORTHERN CALIFORNIA (TANC) – 1 Lodi rep., no term limit. Meets 3rd Wednesday after the 1st Monday of every month, with additional special meetings as called. Meetings held at 10:00 a.m. at 35 Iron Point Circle, Suite 225, Folsom (location of firm which officiates over TANC activities). Contact: Mardelle Moreno, Navigant, (916) 631-3269

Business Appointed Expires
Electric Utility Director, Delegate 333-6762 August 12, 2019 Unspecified Jeff Berkheimer
Rates & Resources Manager, Alternate 333-6762 January 6, 2015 Unspecified Melissa Price

Appointments made by the Mayor with concurrence of the City Council by motion action. ________________________________________________________________________________

Posted pursuant to Section 54972 of the State of California Government Code. Questions regarding this posting should be direc ted to the City Clerk's Office at (209) 333-6702.

Dated: January 20, 2021

________________________
Jennifer Cusmir
Distribution (20): City Clerk
B&C File Electric Utility Director
City Attorney Library (per State Statute)
City Clerk (3) Posting (4)
City Council (5) Public Works Director
AGENDA ITEM H-03
APPR
OVED: __________________________________
Stephen Schwabauer, City Manager

CITY OF LODI

COUNCIL COMMUNICATION

TM
AGENDA TITLE: Adopt Resolution Approving the Title Change, Amendments to the Job Description, and Salary Adjustments for the Position of Building Official MEETING DATE: January 5, 2022
SUBMITTED BY: Human Resources Manager
RECOMMENDED ACTION: Adopt resolution approving the title change, amendments to the job description, and s alary adjustment for the position of Building Official.

BACKGROUND INFORMATION: On July 21, 2021, City Council approved the reorganization and transition of t he Code Enforcement Division from the Police Department to the Community Improvement Division of the Community Development Department.

The Community Development Director has assigned the Building Official the responsibility of overseeing the Community Improvement Division. The Building Official is responsible for restructuring the duties and responsibilities o f the Code Enforcement staff as well as the redesign of the program to reflect a collaborative and cooperative compliance process rather than an enforcement program.

Human Resources conducted a review of the Building Official job description and compensation. Along with amendments to the job description, staff propose a title change to Chief Building Official and a salary adjustment of fifteen percent (15.0 %). The title change and increased salary reflect the additional managerial oversite required of the Building Official and aligns the title with comparator agencies. The proposed annual salary range is ($113,435.38 - $137,880.68). Staff recommend the inc rease be retro - active to July 26, 2021, which is the first full pay period following Council’s approval of the reorganization.

During the 2019 negotiation cycle, Council approved salary adjustments for the Lodi Mid-Management Association (LCMMA) memorandum of understanding, which includes a four percent (4%) salary adjustment effective January 10, 2022. T he proposed salary adjustment and the agreed upon contractual increase in January 2022 places Lodi’s salary for Chief Building Official at median salary of our comparative agencies . The increased salary will provide compensation commensurate for the additional duties assumed from the reorganization and transfer of Code Enforcement to the Community Improvement Division.

Additionally, LCMMA supports the title change, amendments to the job description, and the proposed salary adjustment for the Chief Building Official.

F
ISCAL IMPACT: Approximately $18,000 annually.

FUNDING AVAILABLE: All additional costs will be absorbed within existing appropriations. ______________________________ ___
Adele Post, Human Resources Manager
_________________________________

Andrew Keys, Deputy City Manager/Internal Services Director

RESOLUTION NO. 2022-____

A RESOLUTION OF THE LODI CITY COUNCIL

APPROVING AMENDMENTS TO THE JOB DESCRIPTION

AND SALARY RANGE FOR THE POSITION OF

BUILDING OFFICIAL AND RETITLE TO

CHIEF BUILDING OFFICIAL

========================================================================

NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve the amendment to the job description for the position of Building Official hereto attached as Exhibit A; and

BE IT FURTHER RESOLVED that the Lodi City Council approves the retitle of the Building Official job classification to Chief Building Official; and

BE IT FURTHER RESOLVED that the salary range for the Chief Building Official is hereby approved and shall be effective as of July 26, 2021, as follows:

Classification Step 0 Step 1 Step 2 Step 3 Step 4
Chief Building
Official

$113,435.38

$119,106.14

$125,061.81

$131,314.00

$137,880.68

Dated: January 5, 2022

========================================================================

I hereby c ertify that Resolution No. 2022-____ was passed and adopted by the City Council of the City of Lodi in a regular meeting held January 5, 2022, by the following vote:

AYES: COUNCIL MEMBERS –

NOES: COUNCIL MEMBERS –

ABSENT: COUNCIL MEMBERS –

ABSTAIN: COUNCIL MEMBERS –

JENNIFER CUSMIR
City Clerk

2022-____
CITY OF LODI December 19, 2001
Amended and Retitled December 1, 2021

CHIEF BUILDING OFFICIAL

DEFINITION

Plans, organizes, and supervises the activities of the Building Division and Community Improvement Divisions within the Community Development Department; including building inspection , fire prevention and code enforcement and compliance activities, participates in code interpretation, plan checking, issuance of permits, and field inspections and performs the most technically complex tasks within the Divisions.

DISTINGUISHING CHARACTERISTICS

The Chief Building Official has managerial responsibility for the Building Division and Community Improvement Divisions and is distinguished from lower level positions the Building Inspector positions by this responsibility. The Chief Building Official has legal responsibility and powers in the enforcement of codes, ordinances, and State laws.

SUPERVISION RECEIVED AND EXERCISED

Receives administrative direction from the Community Development Director.

Responsibilities include direct and indirect supervision over professional, technical and clerical personnel within the Divisions.

EXAMPLE OF DUTIES

Duties may include, but are not limited to, the following:

Plans, assigns, supervises, and reviews the work of within the Building and Community Improvement Divisions;

Develops and implements the division goals, objectives, policies and priorities; establishes performance standards and methods for building inspec tion, code compliance and plan review;

Assumes major responsibility for policy and program development of the Building and Community Improvement Divisions, including budget development and administration;

Assumes significant responsibility for a variety of personnel activities including the selection of staff, conducting performance evaluations, coordination of training, hirings, dismissals, and recommending disciplinary actions; implementation of discipline procedures as directed;

CLASS SPECIFICATION CITY OF LODI
Chief Building Official Page 2 of 4

Enforces the provisions of the California and Uniform Codes adopted by the City of Lodi, including the Building, Fire, Mechanical, Plumbing, Electrical, Housing and Dangerous Building Codes, Zoning Ordinances, and State laws. Issues building permits, Stop Work Orders, demolition orders, and citations pursuant to this enforcement responsibility;

Supervises and participates in code compliance activities; review and sign Notice and Orders related to code enforcement case s; monitors the activity and progress of code enforcement cases;

Responsible for compliance and enforcement of nuisance violations;

Reviews construction plans with plan checkers and other City departments;

Interprets California and Uniform Codes adopted by the City of Lodi;

Conducts field inspection of residential, commercial, and industrial structures;

Identifies unsafe buildings and recommends condemnation procedures;

Reviews and inspects housing and sanitation complaints;

Coordinates activities of the Building Inspection and Community Improvement Divisions with other City departments and outside agencies;

Responds to complaints or technically complex questions raised by the public; negotiates and resolve s sensitive and controversial issues; recommends corrective action as necessary to resolve complaints;

Prepares reports, maintains records, approves vouchers and purchase orders, and otherwise administers the activities of the Division; and

Provides responsible staff assistance to the Community Development Director;

Attends and participates in professional group meetings; maintains awareness of new trends and developments in the field of building inspection and code compliance including legislation, court rulings, and professional practices and techniques; incorporates new developments as appropriate;

Performs related work as required. Performs other duties related to the operation of the department and the City including additional duties that enable the department and City to meet the diverse needs of its community.

MINIMUM QUALIFICATIONS:

Knowledge of:

CLASS SPECIFICATION CITY OF LODI
Chief Building Official Page 3 of 4

Building construction principles and practices, including detailed familiarity with carpentry, plumbing, electrical, and other building trades;

Principles, practices, methods, and techniques of code enforcement, including some familiarity with criminal law and enforcement ; Principles and methods of investigation utilized in code enforcement inspections; regulations and requirements for court evidence documentation;

Safety and construction standards of the building construction industry; hazardous materials and fire prevention techniques and requirements;

Practices and procedures of contracting in the building construction industry;

Uniform Building, Plumbing and Mechanical, National Electrical, and Health and Safety Codes;

City of Lodi Codes , and O ordinances, and laws pertaining to buildings, construction, health, and safety; zoning, signs, and dangerous building codes. Knowledge in preparing and/or amending codes;

Basic terminology used in code enforcement and zones, including legal descriptions;

Principles and practices of personnel administration, supervision and training including selection, planning, performance evaluation and discipline;

Principles of organization, administration, and budgeting and personnel management.

Ability to:

Interpret and explain codes, regulations, and ordinances;

Detect through inspection deviations from plans, codes, regulations, and ordinances;

Read and understand building construction plans and drawings;

Plan and organize daily work;

Supervise, train, and evaluate the work of others by assigning, overseeing, and reviewing work;

Communicate clearly, orally and in writing;

Establish and maintain effective relationships with those contacted in the course of work; Exercise interpersonal sensitivity while working effectively with individuals of diverse cultures, interpersonal styles, abilities, motivati ons, or backgrounds; Successfully

CLASS SPECIFICATION CITY OF LODI
Chief Building Official Page 4 of 4

motivate and interact with direct reports; Respond and resolve customer complaints and questions with tact and diplomacy;

Analyze division policies and procedures; identify, recommend and implement improvements.

EDUCATION AND EXPERIENCE

Any combination of experi ence and education that would likely produce the qualifying knowledge and ability. A typical combination is:

Experience:

SevenFive (75) years of experience as a Building Official, Plans Examiner or Building Inspector including two years that includes supervisory experience.

Education:

Equivalent to an Associates of Arts Degree with emphasis in pre -engineering, construction technology or closely related field. A Bachelor’s degree is highly desirable.

LICENSES AND CERTIFICATES:

Possession of a valid Driver’s License issued from the California Department of Motor Vehicles.

Possession of a Building Official certificate issued by the International Code Council (ICC) at time of appointment. Continuing education pursuant to Chapter 7, part 2.5 of Division 13 of the California Health and Safety Code (45 hours of continuing education for every three-year period, with at least eight hours regarding disability access requirements).

Possession of a California Access Specialist (CASP) certificate is highly desirable.

Possession of, or ability to obtain Penal Code 832 Arrest and Firearms certification within one year of hire.

Possession of, or ability to obtain California State Fire Marshal 1A through 1D certification within two years of hire.

WORKING CONDITIONS:

Environmental Conditions- Office and field environment; will be required to travel from site to site.

Physical Conditions- Essential and marginal functions may require maintaining physical condition necessary for sitting, standing, bending, stooping, and walking for prolonged periods of time; using various office equipment and handheld devices.

AGENDA ITEM H-04
APPR
OVED: __________________________________
Stephen Schwabauer, City Manager

CITY OF LODI

COUNCIL COMMUNICATION

TM
AGENDA TITLE: Adopt Resolution Approving the Memorandum of Understanding between the City of Lodi and the International Brotherhood of Electrical Workers for the Period January 1, 2022 through December 31, 2024
MEETING DATE: January 5, 2022
SUBMITTED BY: Human Resources Manager
RECOMMENDED ACTION: Adopt resolution approving the Memorandum of Understanding between the City of Lodi and the International Brotherhood of Electrical Workers for the period January 1, 2022 through December 31, 2024.

BACKGROUND INFORMATION: The prior MOU between the City and the International Brotherhood of Electrical Workers ( IBEW) expired on December 31, 2021.

Representatives from the City and IBEW have been negotiating over the past six months and have reached a tentative agreement on a new Memorandum of Understanding (MOU), subject to the approval of Council.

A redline strikeout version of the MOU is attached for Council review and approval. A summa ry of the key changes to the MOU are as follows:
• The term of the MOU shall be from January 1, 2022 through December 31, 2024; • General wage increase of thirteen percent (13%) over the term of the contract as follows:
o Five percent (5%) effective January 10, 2022;
o Four percent (4%) effective the first full pay period in January 2023; and o Four percent (4%) effective the first full pay period January 2024. • Additional equity adjustments for specific hard to fill positions as follows:
o Two percent (2%) effective January 10, 2022;
o One percent (1%) effective the first full pay period in January 2023; and o One percent (1%) effective the first full pay period in January 2024. • Implementation of standby program for 24x7/365 coverage; • Increase City’s contribution toward medical premiums effective January 1, 2022; and • Increase annual maximum coverage for dental and add orthodontia coverage effective January 1, 2022.

B
oth the City and IBEW recognize the need to offer competitive salary and benefits to attract and retain qualified employees. The City is facing significant recruitment challenges attracting qualif ied electric utility employees. Wildfire mitigation and safety programs statewide have greatly increased the demand for a qualified workforce to inspect, repair, and energize lines throughout the state. Qualified workers can work through IBEW as freelance employees for agencies needing additional staff. The demand for work is such that employees can work 12 hour days, 6-7 days per week , at a wage the City of Lodi could not compete with. Competing agencies have offered substantial increases to their employees in an effort to retain and attract a qualified electric utility workforce. Without the increases , the City runs a real risk of losing employees and being unable to replace them with qualified electric utility employees. Additionally,

providing additional wage adjustments for difficult to fill positions, the City will be in a much better position to fill current vacancies and to retain our qualified workforce.

Staff recommends that the Council approve the MOU between the City and IBEW.

FISCAL IMPACT: The total long-term annual cost of the proposed agreement is $1,420,000 .

The total cost of the term of the agreement is $3,320,000 as shown below.

Fiscal Year 2021/22 $400,000
Fiscal Year 2022/23 $950,000
Fiscal Year 2023/24 $1,260,000
Fiscal Year 2024/25* 710,000
Total Cost Over
Contract Term
$3,320,000

*The contract expires half way during FY 2024/25. Actual costs for FY 2024/25 are anticipated to be $1,420,000 if the contract is unchanged for the second half of FY 2024/25.

FUNDING AVAILABLE: Budget adjustments for these increases may be needed at Mid Year Fiscal Year 2021/22. Vacancy savings are the first source for funding the increases for this and future employee contract changes in the coming Fiscal Year.

_________________________________
Adele Post, Human Resources Manager

_________________________________
Andrew Keys, Deputy City Manager

Attachment

MEMORANDUM OF UNDERSTANDING

BETWEEN

CITY OF LODI

AND

LOCAL 1245

INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS

ELECTRIC UTILITY UNIT

January 1, 2022 – December 31, 20242019 – December 31, 2021

Table of Contents

CHAPTER 1. SALARIES AND OTHER COMPENSATION

Article I Compensation for Illness or Injury Incurred in Course of employment ......1 Article II Court Appearances/Jury Duty………………………………. .....................1 Article III Overtime ......................................................................................................2 Article IV Salary ...........................................................................................................4 Article V Standby Duty ................................................................................................6 Article VI Temporary Upgrade .....................................................................................7 Article VII Tools and Uniforms .....................................................................................8 Article VIII Tuition Reimbursement ...............................................................................9

CHAPTER 2. LEAVES

Article IX Catastrophic Leave .....................................................................................10 Article X Bereavement Leave ....................................................................................10 Article XI Holidays .....................................................................................................10 Article XII Leave of Absence .......................................................................................11 Article XIII Sick Leave ..................................................................................................11 Article XIV Vacation .....................................................................................................12

CHAPTER 3. INSURANCE AND RETIREMENT

Article XV Chiropractic Coverage ...............................................................................13 Article XVI Deferred Compensation .............................................................................13 Article XVII Dental Insurance ........................................................................................13 Article XVIII Life Insurance .............................................................................................13 Article XIX Long Term Disability .................................................................................13 Article XX Medical Insurance ......................................................................................14 Article XXI Retirement ..................................................................................................15 Article XXII Sick Leave Conversion ..............................................................................16 Article XXIII Vision Insurance ........................................................................................17 Article XXIV Flexible Spending Account ........................................................................17

CHAPTER 4. SAFETY

Article XXIV Safety .........................................................................................................18

CHAPTER 5. WORK HOURS, SCHEDULES, MEALS

Article XXV Hours ..........................................................................................................20 Article XXVI Inclement Weather .....................................................................................21 Article XXVII Meals ..........................................................................................................21 Article XXVIII Trouble Truck ............................................................................................23 Article XXIX Electric Distribution Operator Relief Procedure Single Shift Plan ............24 Article XXX Electric Distribution Operator Procedure ..................................................25

CHAPTER 6. ASSOCIATION/CITY ISSUES

Article XXXI Changes in Memorandum of Understanding .............................................26 Article XXXII City Rights .................................................................................................26 Article XXXIII Demotion and layoff ..................................................................................27 Article XXXIV Drug and Alcohol Policy ............................................................................27 Article XXXXV Employee Representation ..........................................................................27 Article XXXVI Grievance Procedure ..................................................................................30 Article XXXVII Disciplinary Proceedings ...........................................................................33 Article XXXVIII Mutual Consent Clause ..............................................................................36 Article XXXIX No Strikes...................................................................................................36 Article XL Policy Manual ............................................................................................36 Article XLI Probationary Period ....................................................................................36 Article XLII Rest Period .................................................................................................37 Article XLIII Miscellaneous ............................................................................................38 Article XLIV Term ...........................................................................................................39

Attachment A Salary Schedule ..........................................................................................41 Attachment B Standby Pay Guidelines and Sample Schedule ..........................................42

City of Lodi
And
International Brotherhood of Electrical Workers Local 1245 January 1, 202219 – December 31, 20241
Chapter 1. Salaries and Other Compensation

ARTICLE I - COMPENSATION FOR ILLNESS OR INJURY INCURRED IN

COURSE OF EMPLOYMENT

1.1 The City and the IBEW Local 1245 mutually agree that when an employee is compelled to be absent from work due to injuries or illness arising out of and in the course o f his/her employment, the City will pay full compensation to any represented employee who becomes eligible for benefits under Workers' Compensation laws for the period of time between the injury and the first day of eligibility for benefits. With the determination that the injury or illness is compensable in accordance with Workers' Compensation benefit criteria, the employee upon receiving said benefits paid by Workers' Compensation will also receive compensation from the City in such an amount that when added to the Workers' Compensation payment will equal his/her regular salary. The amount paid by the City will, after the period from the date of injury and date of eligibility, at the employee's discretion be charged to the employee's sick leave, vacatio n leave, or compensatory time off account.

Such choice shall be made at the time the time cards (electronic or paper) are turned in and shall not be changed after being submitted. The employee's regular deductions shall be made from the amount paid by the City.

ARTICLE II - COURT APPEARANCES/JURY DUTY

2.1 The IBEW Local 1245 concurs with the existing City policy which provides that no deduction shall be made from the salary of an employee while on jury duty.

2.2 If an employee covered by this agreement MOU is required by subpoena to appear in court or to give a deposition as a result of an action taken within the scope of employment with the City, that employee will receive his/her full pay while so doing with no loss of time if he/she is on regular duty. If the employee is not on duty, the City agrees to compensate that employee at one and one -halftwo times his/her regular pay for the time spent in any appearance as required by this Article. As a prerequisite for payment to off-duty employees, the Electric Utility Director or his/her designee must be notified in writing of the off -duty appearance within seventy -two hours after the employee is subpoenaed or otherwise notified of the required court appearance.

2.3 Voluntary civil grand jury service such as that service in San Joaquin County is not covered by Jury Duty leave.

CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS – MOU 2022 - 2024

2 2.4 Swing and Graveyard Shift employees called in for jury duty for a second consecutive day will be reassigned to the Day Shift, Monday through Friday for the remainder of th e jury duty.

ARTICLE III - OVERTIME

3.1 Overtime work is work performed by an employee at times other than those normally required for his/her employment and includes time worked as follows:

1. in excess of forty hours in a work week;

2. in excess of nine hours in any work day;

3. time worked outside of regular hours of work on a work day;

4. time involved on non-work day; and

5. time worked on a holiday.

Overtime, except as provided for in Article V, Section 5.1 shall be compensated as follows:

1. Prearranged at the rate of one and one -half times the straight time rate of pay.

Prearranged work shall mean that the employee was notified of the work prior to the end of the preceding regular workday. All other work shall be considered “non - prearranged” or “emergency” work.

2. All other overtime, pre-arranged and emergency, will be paid at the rate of two times the straight time rate of pay. The time worked in excess of 12 consecutive hours and continuing until the employee is dismissed from such work shall be paid at the rate of two times the employee’s straight time rate of pay. Any time worked on a holiday will be paid at two times the employee’s straight rate of pay.

3.2 The City may change the hours of work as stated in 26.125.1 after consultation with the employees and the employee organization involved, provided however that no change or alteration of hours or schedules will be made for the sole purpose of avoiding the payment of overtime.

3.3 Employees who are required to report for work on their non-work days, or holidays, shall be compensated at the overtime rate for actual hours worked, but in no event shall they be paid for less than two hours.

3.4 Any employee reporting for prearranged work wholly outside of his/her regular hours on a regular work day shall be compensated at the overtime rate for actual time worked, but in no event shall he/she be paid for less than two hours.

CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS – MOU 2022 - 2024

3 3.5 Any employee refusing to work on a holiday after having received forty-eight hours of such work scheduling, and having failed to secure a replacement with management approval, shall not be compensated for that holiday.

3.6 Overtime shall be distributed as equally as possible among those employees in the same classification who voluntarily sign the biweekly overtime call-out list. The City reserves the right for emergency call-out work to first call employees on the list who meet a 30-minute response time requirement. The City retains the right to call any qualified City employee to fill in crews after th e overtime list is exhausted. No employee shall be required to trade time for the purpose of avoiding payment of overtime.

3.7 Employees may exchange work days with other employees in the same classification provided:

1. both employees are agreeable to the exchange; and

2. neither employee work more than forty hours during the work week involved; and

3. the exchange receives management authorization.

3.8 When, at the request of the supervisor in charge, an employee reports for prearranged work:

1. On work days outside of his/her regular work hours he/she shall be paid overtime compensation for actual work time in connection therewith, provided however, that if any such employee continues to work into or beyond his/her regular work hours he/she shall be paid overtime compensation only for actual work time up to his /her regular work hours.

2. On non -work days or on holidays he/she shall be paid overtime compensation for actual work time in connection therewith. For the purpose of this section prearranged notice has been given by the end of his/her preceding work period on a work day.

3.9 Subject to the following limitations, any employee eligible for overtime pay may choose to accept compensatory time off (CTO) in lieu of cash compensation for earned overtime.

CTO will be granted at the applicable overtime rate for each hour of overtime earned.

3.10 The maximum accumulation of CTO at any time shall be limited to 240 straight time hours, but will be reduced to 120 hours and paid at the current regular rate of pay in the first full pay period in January of each year. The employee may request to reduce his/her accumulation to an amount below the mandatory reduction to 120 hours. In addition, an employee may request pay off of any portion of his/her compensation on the first of April, July and October. Employees may contribute a lump sum amount into their Deferred Compensation plan in the same pay period in which they cash out their CTO, equivalent to or less than the full CTO amount, subject to IRS contribution limits.

3.11 An employee shall decide whether earned overtime will be recorded as overtime, CTO, or an equivalent combination , prior to submission of their next time card (electronic or paper). Such decision shall be irrevocable subsequent to the submission of the time card.

CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS – MOU 2022 - 2024

4 3.12 An employee's request to use accumulated CTO shall be granted at the sole discretion of the department supervisor with due consideration to both the wishes of the employee and the efficient conduct of City business. Two working days’ notice is required. However, if the supervisor feels the workload is such that shorter notice is acceptable, he/she may grant CTO accordingly.

ARTICLE IV - SALARY

4.1 Effective January 10, 2022July 1, 2019, employees in the bargaining unit will receive a 59% a general wage cost of living adjustment. Effective with the first full pay period in calendar year 20230, employees will receive a 4% general wagecost of living adjustment. Effective with the first full pay period in calendar year 20241, employees will receive a 43% general wagecost of living adjustment.

4.2 The classifications listed below shall receive additional wage adjustments of 2% effective January 10, 2022, a 1% wage adjustment effective with the first full pay period in calendar year 2023, and a 1% wage adjustment effective with the first full pay period in calendar year 2024:

Construction and Maintenance Supervisor;
Electric Foreman/Forewoman;
Electric Lineman/Linewoman;
Electric Lineman Apprentice I;
Electric Lineman Apprentice II;
Electric Troubleshooter; and
Troubleshooting Supervisor.

4.32 Lodi has entered into a separate agreement with the California – Nevada Joint Apprenticeship Training Committee (“JATC”) to provide training for Electric Lin e Apprentices.

The Electric Line Apprentice program is intended to be a program of seven steps. An Electric Line Apprentice I or II will be eligible for consideration for a merit increase upon completion of 13 pay periods in a step, provided available wor kload provides appropriate experience and provided further that the Electric Line Apprentice I or II is making normal progress in training and testing. The Electric Line Apprentice I or II will advance from step to step, when the Electric Utility Director or his /her designee determines that the Electric Line Apprentice I or II has achieved the qualifications necessary for such advancement and approvals are received pursuant to Lodi policies and procedures.

An Electric Line Apprentice I or II will be paid w hen working or training on -the-job in the field.

CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS – MOU 2022 - 2024

5 An Electric Line Apprentice I or II will be entitled to straight time pay for up to 40 hours per week and for reasonable expenses in accordance with Lodi policies and procedures, subject to approval, while training one week per year at JATC’s facility. An Electric Line Apprentice I or II will not be entitled to pay or expenses for weekend training at JATC facilities.

Apprenticeship classroom training by Lodi personnel or at Lodi facilities will be on paid time if during normal work -hours or unpaid if outside normal work -hours. Study will normally be outside of work hours, and without pay, but the Electric Utility Director or his/her designee may permit limited apprenticeship study during paid work -hours, workload permitting, typically during inclement weather.

Electric Line Apprentices I or II are on probation at all times while they are classified as Electric Line Apprentices I or II.

4.43 Effective the beginning of the pay period which includes January 1, 2015, the Rubber Glove premium was incorporated into base pay and there shall be no additional premium pay for Rubber Glove. The Rubber Glove premium shall become a job requirement of applicants and incumbents currently receiving the premium, and as s uch, it will be incorporated into salary. Job descriptions have been will be updated to reflect this additional job requirement.

4.54 Those employees required to have a Class “A” commercial driver’s license as part of their employment will receivebe given $600.00 per year, paid bi-weekly.

a. Effective January 1, 2022September 1, 2018, the following job classifications will no longer require a Class “A” commercial driver’s license:

Substation Technician Metering/Substation Supervisor
Electric Troubleshooter Troubleshooting Supervisor
Groundworker Utility Equipment Specialist
Electric Line Apprentice Electric Lineman
Electric Foreman Construction/Maintenance Supervisor

The following employees, who are iIncumbents in classifications that do not require a Class “A” commercial driver’s license the above listed job classifications, who have agreed to voluntarily maintain their Class “A” commercial driver’s license in accordance with City policy,. As such, these employees will receive $600.00 per year for possession of a valid Class “A” commercial driver’s license , paid bi- weeklyin October of each year.

Adrian Solis Ross Phillips
Brian Henry Brent Sirkel
Danny Souza Richard Willett
Roy Dodgion

CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS – MOU 2022 - 2024

6 b. Employees represented by the IBEW Local 1245 and hired after August 1, 2008, in the classifications that require a Class “A” commercial driver’s license of Groundworker, Utility Equipment Specialist, Electric Line Apprentice, or Electric Lineman/Linewoman, will be required to obtain a valid Class “A” commerc ial driver’s license within one (1) year of their hire date (or as defined in their job description). Following the issuance of a Class “A” license employees will receive $600.00 per year ( pro rata topaid bi-weekly effective the first pay period after the date of issuance of license) for maintaining a Class “A” license and annually each year thereafter in accordance with City policy.

c. Loss of a valid Class “A” commercial driver’s license will result in loss of the stipend (pro-rated) until such time as the license is reinstated.

4.6 Employees designated by the Department Head and approved by the City Manager who have passed a bilingual proficiency examination administered by the City shall receive a monthly bilingual supplement of $150.00. The City Manag er has the discretion in determining the languages that will be recognized.

ARTICLE V - STANDBY DUTY

5.1 Employees assigned to standby duty for emergency calls shall receive straight time pay for each standby period as follows:

Other Electric Distribution
Employees Operators
On work days 3 hours 3 hours
On non-work days 4 hours 3 hours
On observed holidays 8 hours 6 hours
December 24 (When Observed) 5 hours 4 hours

For call-outs related to paid standby duty, the employee will be compensated at the rate of one and one-halftwo times the straight rate of pay, with a two -hour minimum for the first call, in addition to the appropriate standby pay (no offset). This applies to all types of standby assignments. However, when it becomes necessary for the employee on standby to become part of a crew, he/she will be compensated at the rate of two times the straight rate of pay for all hours worked as a member of such crew.

For purposes of this provision, a crew shall be defined as three or more employees engaged in a common task.

When it becomes necessary to dispatch a crew to accomplish the emergency work, every effort will be made to dispatch an entire crew so that the employee on standby duty can be released from that situation and be available to respond to additional cal ls. If the Electric Distribution Operator is unable to dispatch an entire crew and the standby employee is required to work as a member of the crew, the standby employee will be paid at the rate of two times the straight time rate of pay, commencing at the time the last attempt was made to CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS – MOU 2022 - 2024

7 contact an employee from the call out list i.e. “once through the list.” In the case where the above situation is the first call of the standby period, the employee on standby duty shall be paid no less than an amount equal to two hours at the time and one-half rate.

In situations that require two employees to accomplish the emergency work, the employee on standby duty will be paid at the rate o f one and one-half times the straight rate for all hours worked.

In addition to the “Standby Duty Pay” (above) the employee on standby shall be paid at the rate of one & one half times the straight time rate of pay for time worked on emergency calls. The first call-out will be paid at two hours minimum at the overtime rate. Subsequent calls will be paid for actual time worked at the overtime rate. The time worked in excess of 12 consecutive hours and continuing until the employee is dismissed from such work shall be paid at the rate of two times the employee’s straight time rate of pay.

STANDBY ELECTRIC TROUBLESHOOTER OR TROUBLESHOOTING SUPERVISOR:

The Standby Electric Troubleshooter or Troubleshooting Supervisor will be the swing-shift Electric Troubleshooter, going off duty at 1800 hours. This duty will begin at the end of the first day worked on swing shift (1800 hours) and will continue to the day shift following the last day worked on the swing shift (0700 hours), for a period of 13 hours per day. Holiday standby shall be the 24 hours starting at 0700 hours on the day of the holiday and continuing to 0700 hours on the day after the holiday. Troubleshooters may work a 9/80 schedule.

The Standby Electric Distribution Operator and Electric Troubleshooter will be provided a cell phone stipend or a City provided cell phone and must be available during their standby duty by the answering service.

5.2 Employees assigned to standby duty (example: the Trouble Truck) on an observed holiday shall receive eight hours straight time pay for that day in addition to the regular holiday pay.

Time worked on an emergency call shall be paid at the rate of one and one halftwo times the straight time rate of pay with a minimum of two hours (there will be no offset on standby pay), subsequent calls will be paid for actual time worked.

5.3 If an employee assigned to standby duty is called for emergency work more than once in a twenty-four hour period from midnight to midnight, minimum overtime compensation shall be paid only for the first call outside of such employee's regular work hours on work days or at any time on his/her non-work days; for subsequent calls overtime compensation shall be paid for his/her actual work as herein provided. For the purpose of this section, concurrent calls or successive calls without a break in work time shall be considered as a single call. If by reason of a call an employee works less than two hours and into his/her regular work hours such call shall not be considered as a first ca ll for the purpose of the minimum overtime compensation.

Employees assigned standby will rotate assignments as outlined in Attachment B.

Response time for Troubleshooters, Troubleshooting Supervisor, Electric Distribution CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS – MOU 2022 - 2024

8 Operator I/II, or Electric Distribution Supervisor shall be 30 minutes. All other employees on standby must respond within 60 minutes.

ARTICLE VI - TEMPORARY UPGRADE

6.1 The City of Lodi and the IBEW Local 1245 mutually agree that any Electric Utility Department employee tempo rarily assigned to a higher classification than their regular classification shall receive a 10% wage increase while in this status. However, in no event shall the upgrade pay per hour exceed the "E" step of the classification to which the employee is tem porarily upgraded the top rate of pay for the classification temporarily assigned. This provision shall only apply when such time worked is more than four hours cumulative during an eight-hour period.

6.2 When, in accordance with Section 6.1 above, the C ity requests members of a line crew to temporarily replace their foreman/forewoman and all members of the crew refuse to accept the assignment, the City reserves the right to send these crew members home without pay, if in the City's judgment, their safety or the satisfactory completion of their work depends upon supervision by a qualified individual assuming foreman/forewoman responsibilities.

Normal crew work would resume when the City deems that adequate supervision is available.

6.3 In the event a person is upgraded in a two-man crew situation the employee will receive a 5% premium for all such time worked in excess of four hours during the normal work day.

6.46.3 All Electric Distribution Operator II’s shall fill the Electric Distribution Operator Relief position in a sequentially rotating manner to coincide with the regularly scheduled Monday through Thursday Electric Distribution Operator.

ARTICLE VII - TOOLS AND UNIFORMS

7.1 The City and the IBEW Local 1245 mutually agree that the City will supply necessary tools and equipment for employees in accordance with the following procedure.

Consistent with the needs of the employee as related to his/her job classification, and to aid the employee in the performance of his/her work in a safe and efficient man ner, the City will provide the following list of basic hand tools, work gloves and equipment:

Skinning knife Utility bag Safety glasses
Work gloves Ruler, 6', wood Rubber boots
Pliers, side cut Hammer, claw Rain gear
Screwdriver, 10" Wrench, adjustable 12" Wrench, adjustable 8" or 10" Safety strap Adjustable (pump) pliers 10"

CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS – MOU 2022 - 2024

9 7.2 In addition, effective with the first quarterly payment following City Council approval of the MOU, the City will provide a boot allowance of $500.00 per calendar year to all Electric Lineman/Linewoman, Electric Foreman/Forewoman, Construction/Maintenance Supervisor, Electric Troubleshooter and Troubleshooting Supervisor. In addition, the City shall provide a boot allowance of $200.00 per calendar year for all other classifi cations.

This amount toThe boot allowance will be paid quarterly as part of a regular pay check.

7.3 The above tools described in Section 7.1 will be furnished in accordance with the following controls:

. Each employee will be responsible for the care, preservation, and proper use of tools and equipment issued to him/her. Tools and equipment lost or damaged through improper use will be replaced at the employee's expense. . All unsafe, broken, or worn out tools will be replaced on an exchange basis.

7.4 The City and IBEW mutually agree to move the discussion on uniform standards to an ad- hoc committee and agree to conduct the initial committee meeting no later than 60 days from ratification of th is MOU. Should no mutual agreement be reached between th e parties, uniform standards will remain status quo for the term of this MOU.

The City shall provide uniforms and laundry service for all field employees that conform to regulatory standards.

The City shall provide uniforms for all field employees that conform to regulatory standards. Newly hired employees in the following classifications will be provided with nine (9) pairs of pants; twelve (12) shirts; two (2) sweatshirts/vests; and, one (1) jacket:

Construction & Maintenance Supervisor
Electric Lineman Apprentice I/II
Electric Lineman/Linewoman
Electric Foreman
Electric Troubleshooter
Troubleshooting Supervisor
Substation/Metering Supervisor
Substation Technician
Electrician
Metering Technician
Utility Equipment Specialist
Electric Materials Technician
Utility Warehouse Supervisor

7.5 Damaged, torn or excessively worn uniforms will be replaced as needed. Upon separation from employment with the City, all City purchased uniform items that have the City of Lodi logo on them must be returned to the City.

CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS – MOU 2022 - 2024

10 7.6 All new clothing purchased after March 11, 2020 will have the 3 inch “City of Lodi Electric Utility” Logo(s) added on left or right chest area and “IBEW Local 1245” in ¾” block letter on upper sleeve for union members in the approp riate thread to conform to regulatory standards.

7.7 All on -line purchase s must be approved by the Electric Utility Superintendent or Department Head prior to ordering.

7.8 The Approved City of Lodi Electric Utility Logo must be visible and clearly identifiable at all times throughout the course of the normal work day (avoid busy print clothing). All sweatshirts, jackets, and traffic vests must have logos.

ARTICLE VIII - TUITION REIMBURSEMENT

8.1 Tuition reimbursement will be provided in accorda nce with the City’s current Tuition Reimbursement Policy.

8.2 The City will pay all cost of license fees, physicals and training required for licenses and permits.

CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS – MOU 2022 - 2024

11 Chapter 2. Leaves

ARTICLE IX - CATASTROPHIC LEAVE

9.1 Catastrophic leave will be provided in accordance with the City’s current Catastrophic Leave Policy.

ARTICLE X - BEREAVEMENT LEAVE

10.1 Regular employees shall be granted three (3) days of bereavement leave per incident to attend the funeral of a member of their immediate family, including the time the deceased may lie in state, the day of the funeral, and the time necessary to travel to and from the location of the funeral, but not to exceed three working days.

The immediate family shall be limited to an employee's:

Spouse parent/step-parent/foster parent
grandparent/step-grandparent grandparent-in-law parent-in-law child/step-child/foster child grandchild son-in-law
daughter-in-law brother/half/step sister/half/step

or a more distant relative who was a member of the employee's immediate household at the time of death.

10.2 A permanentRegular employees will be permitted to use sick leave, vacation leave, or compensatory time off to attend the funeral of a person the employee may be reasonably deemed to owe respect, but not to exceed one day.

ARTICLE XI - HOLIDAYS

11.1 Members of this unit will observe the following holidays:

New Year's Day January 1
Martin Luther King Day 3rd Monday in January
Memorial Day 4th Monday in Mayon observed holiday/Last
Monday in May
Independence Day July 4
Labor Day 1st Monday in September
*Thanksgiving Day 4th Thursday in November
*Day After Thanksgiving Friday after the 4th Thursday in Nov.

CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS – MOU 2022 - 2024

12 *Christmas December 25

*Operations Division employees have until March 31st of the following calendar year in which to use the last three fixed holidays (Thanksgiving Day, Day After Thanksgiving, and Christmas).

If a holiday falls on Saturday, the preceding Friday shall be observed, and if a holiday falls on Sunday, the su cceeding Monday shall be observed. In addition, if Christmas falls on Wednesday, Thursday, or Friday, members shall have an additional one -half day off on December 24th. Should Christmas Day fall on Tuesday, December 24th shall be observed as a holiday.

For those members in the Operations Division ( Electric Distribution Operator I/II and Electric Distribution Operator Supervisor), overtime is paid for time worked on the above listed holidays.

In addition, to the fixed holidays listed above, each employee will be granted five days of floating holiday leave (40 hours for employees working 5/8 schedule, 45 hours for employees working a 9/80 schedule, and 50 hours for employees working a 4/10 schedule) to be taken off at a time mutually agreed upon between the employee and the Department Head. Floating holiday leave shall be taken during the calendar year . Unused floating holiday will be forfeited at the end of each calendar year.

11.2 Employees hired mid -year shall be credited with the remaining fixed holidays in the calendar year, plus one additional holiday for each seventy-five days remaining in the year.

Employees separating from service mid-year shall have the remaining fixed holidays in the calendar year plus one additional holiday for each seventy-five calendar days remaining in the year deducted from their holiday leave balances.

11.3 The City agrees to make cash payment at rate of two times the regular rate of pay for holiday work in addition to straight time holiday pay for any employee regularly scheduled to work a holiday.

ARTICLE XII - LEAVE OF ABSENCE

12.1 Leaves of Absence will be provided in accordance with the City’s current Leave of Absence Policy.

ARTICLE XIII - SICK LEAVE

13.1 Full-time employees will accumulate sick leave with pay at the rate of 3.70 hours per pay period.

13.2 Sick leave may be accumulated up to an unlimited amount.

CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS – MOU 2022 - 2024

13 ARTICLE XIV - VACATION

14.1 Employees hired prior to January 1, 1995 shall accrue vacation as follows:

Hours Per
Pay Period
0 through 5 years: 3.08 (10 days per year)
6 through 11 years: 4.62 (15 days per year)
12 through 14 years: 5.24 (17 days per year)
15 through 20 years: 6.16 (20 days per year)
21st year: 6.47 (21 days per year)
22nd year: 6.78 (22 days per year)
23rd year: 7.09 (23 days per year)
24th year: 7.40 (24 days per year)
25th year & Over: 7.71 (25 days per year)

Employees hired after January 1, 1995 shall accrue vacation as follows:

Hours Per
Pay Period
0 through 5 years: 3.08 (10 days per year)
6 through 11 years: 4.62 (15 days per year)
12 through 14 years: 5.24 (17 days per year)
15 through 20 years: 6.16 (20 days per year)

14.2 Vacations may be taken provided the following conditions are met:

1. there are no major scheduling problems in the judgment of the City;

2. a request is made at least forty-eight hours in advance; and

3. transportation to and from job site are the responsibility of the individual employee.

14.3 An employee who terminates employment for any reason during the first twelve months of employment shall be entitled to a payoff for vacation hours earned.

14.4 The maximum amount of unused vacation hours that an employee may accrue, at any given time is twice the employee’s annual vacation entitlemen t unless authorized by the City Manager.

CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS – MOU 2022 - 2024

14 Chapter 3. Insurance and Retirement

ARTICLE XV - CHIROPRACTIC COVERAGE

15.1 Chiropractic services may be received by employees and dependents through a chiropractic insurance plan.

15.2 The City shall pay the full costs of premiums for chiropractic insurance for the employee and dependent(s) during the termlife of this MOUagreement.

15.3 When any of such individuals changes their chiropractor or the chiropractor becomes a medical provider under the City’s medical plan, they shall utilize the medical plan’s list of providers and shall be subject to the terms and limitations of said plan.

ARTICLE XVI - DEFERRED COMPENSATION

16.1 The City agrees to match up to an employee’s 3% contribution to the Defe rred Compensation Program.

16.2 Employees may contribute a lump sum amount into their Deferred Compensation plan in the same pay period in which they cash out their CTO, equivalent to or less than the full CTO amount, subject to IRS contribution limits.

ARTICLE XVII - DENTAL AND ORTHODONTIA INSURANCE

17.1 Employees and their dependents are provided fully paid dental and orthodontia insurance.

17.2 Maximum benefits are $1,000.00 $1,250.00 for each family member enrolled in the dental plan per calendar year. There is a $25.00 deductible plus co-insurance features.

17.3 Orthodontia benefits have a lifetime cap of $1,250.00 for each person covered under the plan.

ARTICLE XVIII - LIFE INSURANCE

18.1 A life insurance program providing for two times annual salary to a maximum of $250,000.

Said benefits will reduce with age according to the reduction schedule of the life insurance carrier. Coverage for dependents will also be provided according to the schedule available from the carrier. This insurance is only applicable to active regular employees.

CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS – MOU 2022 - 2024

15 18.2 The City agrees to pay the employee's premiums for the above mentioned life insurance program.

ARTICLE XIX - LONG TERM DISABILITY

19.1 A long -term disability program which, coordinated with other disability benefits shall provide a benefit of 66 -2/3% to a maximum of $10,000.00 per month of the employee’s basic monthly earning in the event of disability. This program commences 120 days from the date of disability. Please refer to the City’s Policy on Long Term Disability.

19.2 The maximum length of coverage is three (3) years from date of disability.

ARTICLE XX - MEDICAL INSURANCE

20.1 The City agrees to make available medical benefits equivalent to the highest HMO plan available in Lodi through CalPERS and the parties shall meet and confer on a replacement plan offering such an equivalent level of benefits.

20.2 All employees are offered medical insurance for themselves and dependents through CalPERS-Medical Plans.

Effective January 1, 20222018, the City shall pay a monthly maximum of the following for each family category:
$1,794.51 $2,005.52 per month for Family
$1,380.39 $1,542.71 per month for Employee +1
$690.20 $771.35 per month for Employee only

If an employee e lects a higher cost plan, e mployee will pay the difference as a payroll deduction.

If an employee waives medical insurance through the City of Lodi, an additional:
$692.81 per month for family
$532.92 for employee + 1 dependent
$305.22 for single

will be added to either the employee’s deferred compensation account or cash. In order to qualify for this provision, proof of group insurance must be provided to the City.

20.3 Employees shall be eligible for medical insurance the first day of the month following the date the employee becomes a full-time regular employee of the City.

CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS – MOU 2022 - 2024

16 20.4 Only one family member may carry employee and dependent coverage of City sponsored medical insurance. The City will reimburse the employee for co-insurance payments on a quarterly basis.

ARTICLE XXI - RETIREMENT

21.1 The City of Lodi provides retirement benefits through the Public Employees Retirement System. Employees shall receive the following retirement benefits for employees deemed to be “classic” employees by PERS:

Miscellaneous 2% @ 55 plan:

 1957 Survivors Benefit
 Third Level 1959 Survivors Benefit (Section §21573)
 Improved Non-Industrial Disability Allowance (Section §21427). Benefits which provide under PERS a 30% benefit after five years of service, increasin g to a maximum 50% benefit.
 Post-Retirement Survivor Allowance (Section §21624)
 Credit for Unused Sick Leave (Section §20965)
 Military Service Credit as Public Service (Section §21024)  Effective January 1, 2015, employee shall pay the full employee share of retirement costs as calculated by PERS (7%) in its annual actuarial valuation . The City will pay all of the employer’s contribution.

21.2 Employees shall receive the following retirement benefits for employees deemed to be “new” employees under the Public Employee’s Pension Reform Act of 2013 (PEPRA):

Miscellaneous 2% @ 62 plan:
 1957 Survivors Benefit
 Third Level 1959 Survivors Benefit (Section §21573)
 Improved Non-Industrial Disability Allowance (Section §21427). Benefits which provide under PERS a 30% benefit after five years of service, increasing to a maximum 50% benefit.
 Post-Retirement Survivor Allowance (Section §21624)
 Credit for Unused Sick Leave (Section §20965)
 Military Service Credit as Public Service (Section §21024)  Effective January 1, 2015, employee shall pay the full employee share of retirement costs as calculated by PERS in its annual actuarial valuation. The City will pay all of the employer’s contribution.

21.3 Effective the first full pay period in July 2020, employees in this bargaining unit, classic and PEPRA, will enter into a cost-sharing agreement and agree to pay two percent (2%) of the employer’s normal share of cost. The cost -sharing will be implemented on a tiered basis CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS – MOU 2022 - 2024

17 with 1% cost-sharing effective the first full pay period in July 2020 and an additional 1% cost-sharing the first full pay period in January 2021 for a total of 2%.

21.4 The City agrees, at the employee’s request, to provide an exit meeting for employees who will be retiring. This meeting will be scheduled after the employee provides a 30-day notice to Human Resources of the employee’s intent to retire. The exit meeting will discuss health benefit options (COBRA), sick leave conversion (if applicable), information on obtaining CalPERS benefit estim ates; service and disability retirements, employee association options, and any other benefits the employee is entitled to.

ARTICLE XXII - SICK LEAVE CONVERSION

22.1 For all unused sick leave, a represented employee with ten years of employment with the City shall receive medical insurance coverage upon retirement (but not upon resignation or termination) on the following basis: 50% of the dollar value of sick leave will be placed into a bank to be used for medical insurance premiums for the employe e and dependent.

For each year that an employee has been employed in excess of 10 years, 2 1/2% will be added to the 50% for valuing the size of the bank.

Robert Smith retires with 20 years’ service and 1800 hours of unused sick leave.

His monthly salary is $3,882.72 (24.64 per hour).

1800 X .75 X $24.64 = $33,264.00

This amount will be reduced each month by the current premium for the employee and dependent until the balance is gone. In the event the retiree dies, the remaining bank will be reduced by 50% and the survivor may use the bank until the balance is gone.

22.2 In the event an active employee dies before retirement and that employee is vested in the sick leave conversion program, the surviving dependents have an interest in one-half of the value of the bank as calculated in section 22.1. In accordance with the sick leave conversion provisions, a surviving spouse may, at his/her own expense, continue medical insurance at the employee only premium.

22.3 A surviving spouse of an unvest ed employee may, at his/her own expense, continue to purchase medical insurance at the appropriate rate for a period of time equal to the time the employee worked for the City.

22.4 Represented employees who retire on a service retirement shall have the o ption of purchasing, at the employee's cost, additional medical insurance for the employee and his/her spouse sufficient to reach age 65.

22.5 Out of area retirees may receive reimbursement for medical insurance premiums up to the City's liability as specified in Section 22.1.

CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS – MOU 2022 - 2024

18 22.6 The City has modified its contract with PERS to add credit for unused sick leave per Government Code Section 20868.8. This benefit is available to all employees regardless of date hired; however, it is the only sick leave conv ersion benefit available to employees hired after January 1, 1995. It is agreed that eight hours equals one day for purposes of determining days creditable. Employees who are eligible, may, for any of the options in this section, utilize one or any combi nation of options provided that the total amount of hours used does not exceed the amount of sick leave hours accumulated at the time of employee’s retirement.”

ARTICLE XXIII - VISION INSURANCE

23.1 The City agrees to provide a vision care plan, equivalent to the VSP Plan B, with a $25.00 deductible for the employee and dependents; the entire premium to be paid by City.

ARTICLE XXIV – FLEXIBLE SPENDING ACCOUNT

24.1 The City will maintain a pre-tax “flexible spending account” to conform to IRS regulations to be used for premium contributions, dependent care and/or un -reimbursable medical payments for unit members. Effective in plan year 202218, the Medical Flexible Spending Account (FSA) will includes a carryover provision which allows an active partic ipant to automatically carryover up to $550 (carryover allowance may increase year to year depending on plan provision) $500 to the new plan year. However, amounts over the carryover allowance $500 would be forfeited after the final filing date, if left unclaimed.

CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS – MOU 2022 - 2024

19 Chapter 4. Safety

ARTICLE XXV - SAFETY

25.1 The City reaffirms its desire and aim to provide a safe place of employment for its employees and shall continue to take all reasonable steps to insure this, such steps to include but not be limited to:

1. conducting frequent inspections of job site operations;

2. taking necessary steps to protect against job hazards, both unsafe physical conditions, including methods and processes, and unsafe actions of people;

3. continuing "tailgate " safety meetings on all jobs for the purpose of briefing employees on the hazards connected with the work to be performed, to plan work and to emphasize safety in the performance of the work;

4. continuing monthly safety meetings for the purpose of discussing matters related to safety and to provide an opportunity for first aid training; and

5. continued management cooperation in the preparation of the agenda for such meetings.

25.2 The IBEW Local 1245 will cooperate with the City in providing speakers and materials for safety meetings.

25.3 The Electric Utility Department shall hold monthly safety meetings for all bargaining unit employees. Where it is unreasonable to bring all bargaining unit employees together at one time, these meetings may be by sections. If because of shift work some personnel cannot participate even in section meetings, they shall be given copies of the minutes of appropriate meetings.

25.4 Each employee shall be provided with on -the-job training first aid. This program shall include refresher training at 3-year intervals.

25.5 Semiannual safety inspections shall be made of facilities, tools, and work areas by a committee including at least three non -supervisory hourly employees appointed by the IBEW Local 1245. The committ ee shall be free to schedule its own inspections but must report at each monthly safety meeting. When necessary for the safety of the committee or to explain technical problems in safety, a supervisor may be named to accompany the committee, but he/she is not to influence its findings.

25.6 The City, through its supervisors, shall act promptly to correct any unsafe conditions that may be reported by the committee.

25.7 The City agrees to provide safety glasses up to a maximum cost of $25l.00 per pair as required. A maximum of two pair of safety glasses will be provided by the City during employment except as indicated in sections 24.9.2 and 24.10 below.

CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS – MOU 2022 - 2024

20 25.8 All prescription safety glasses shall be purchased or serviced within the City of Lodi.

Employees shall have their choice of any local optometrist. The employee shall pay directly to the optometrist any fees for prescription examination or related extra charges.

25.9 Prior to issuance of a replacement pair of prescription safety glasses for payme nt by the City, the employee shall discuss with and receive approval from the immediate supervisor and Department Head. The criteria for issuance of a replacement pair of safety glasses are as follows:

1. If safety glasses are damaged due to an accident on the job, the safety glasses will be replaced and paid for by the City.

2. If safety glasses are lost or damaged off the job, the employee will pay the total amount for replacement.

3. If an employee requires a change of prescription for safety glasses, the emplo yee must submit a written statement from the eye doctor stating that the prescription change is necessary.

4. If safety glasses are unsafe due to normal wear and tear, the City shall approve a replacement pair as specified above.

25.10 The following conditions on the part of any applicable employee shall be grounds for the cost of the employee’s issued safety glasses to be deducted from the employee’s payroll check after a determination of cost has been made by the City:

1. Where the city would be required t o replace issued safety glasses due to abuse by the employee.

2. Failure on the part of an applicable employee to wear or utilize issued safety glasses unless otherwise agreed to in writing.

3. Failure on the part of an applicable employee to return issued safety glasses, regardless of condition, upon separation from City service.

25.11 The City and IBEW mutually agree to move the discussion on Safety standards to an ad - hoc committee and agree to conduct the initial committee meeting no later than 60 days from ratification of this MOU. Should no mutual agreement be reached between the parties on Safety standards, Article XXV - Safety will remain status quo for the term of this MOU.

CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS – MOU 2022 - 2024

21 Chapter 5. Work Hours, Schedules, Meals

ARTICLE XXVI - HOURS

26.1 The City and the IBEW Local 1245 mutually agree that the regular hours of work for line crew personnel shall be 7:006:30 a.m. to 12:00 Noon, and 12:30 p.m. to 3:003:30 p.m., and the regular work days shall be Monday through Friday with Saturday and Sunday being non-work days. The lunch hour may be commenced at any time between the fourth and sixth work hour. Start and stop times may vary based on operational needs with advanced notice.

26.2 All eight hour work periods regularly scheduled to begin at 4 a.m. or thereafter but before 12 o’clock noon shall be designated as day shifts. All eight hour work periods regularly scheduled to begin at 12 o’clock noon or thereafter but before 8 p.m. shall be designated as swing shifts. All eight hour work per iods regularly scheduled to begin at 8 p.m. or thereafter but before 4 a.m. shall be designated as graveyard shifts.

26.3 Alternate Work Schedule (9/80 or 4/10)

The Electric Utility offer s alternative work schedules, IBEW members working in a different department may not have the ability to work the alternate 4/10 work schedule.

The following defines the terms and conditions of the alternate work schedule known as 9-80.

 The normal workday is 6:307:00 a.m. to 4:004:30 p.m. Monday through Thursday with one half hour for lunch break and 6:307:00 a.m. to 3:003:30 p.m. on a Friday workday with one half hour for lunch break.
 The work week shall be defined to begin an d end each Friday at 11:00 a.m. , or after working 4 hours if the employee begins their sche duled work day before or after 7:00 a.m. (for example, if the work day begins at 6:30 a.m., the work week will end at 10:30 a.m.).
 The alternate work schedule (9-80) shall begin and end at pay period breaks. The pay period is defined as the two week perio d beginning on a Monday at 0000 hours and ending on the Sunday 14 days later at 2400 hours.  The employees participating in the alternate work schedule (9 -80) will be placed in two groups. Group One will have the first Friday in the pay period off (payday). Group Two will have the second Friday in the pay period off.

Employees will be assigned to a group based on the operational needs of the Electric Utility Department. Changes to assigned groups will be at the approval of the Electric Utility Director.

CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS – MOU 2022 - 2024

22  It is agreed that the alternate work schedule will be terminated at any time (end of pay period) in the event it causes a reduced level of service to the general public, excessive overtime use, the inability to respond to the needs of the system or the customer or for any other reason not in the best interest of the operation of the Department.
 The Electric Distribution Operators will not participate in the alternate work schedule.work a 4/10 alternate work schedule (consisting of four, ten hour days ).

The Operations Center is staffed 7 days a week, 365 days a year, with employees alternating workdays (Monday through Thursday or Thursday through Sunday).

Electric Distribution Operators are scheduled to work from 7:00 a.m. to 5:00 p.m. on assigned working days. The Electric Distribution Operators may not receive an uninterrupted meal break and may be required to remain on -site due to staffing levels and the nature of the work. Electric Distribution Operators shall be compensated for ten hours per day, in lieu of an unpaid meal break.  The alternate work schedule may be cancelled by either party effective at the end of a pay period, but in no event later than the end of the next full pay period following the cancellation request. During the waiting period ev ery effort will be made to resolve the issue or issues that caused the cancellation request.

26.4 The following defines the terms and conditions of the alternate work schedule known as 4/10.

 Crews may work alternating 4/10 schedules to provide coverage Monday through Friday.

 4/10 schedule consists of four consecutive workdays, of ten and one -half consecutive hours each between the hours of (earliest start time) and (latest end time), of which one - half hour will be the unpaid meal break. The normal work schedu le is Monday through Thursday or Tuesday through Friday. (Start and stop hours may vary based on operational need with advanced notice and may be 6:30 a.m. to 5:00 p.m., or 7:00 a.m. to 5:30 p.m. as examples)

 The workweek shall be defined to begin and en d at 00:00 (midnight) each Sunday for FLSA overtime purposes.

 The pay period is defined as the two -week period beginning on a Monday at 00 :00 hours and ending on the Sunday 14 days later at 24:00 hours.

 When staffing levels allow, the employees participa ting in the alternate work schedule (4/10) will be placed in two groups. Group one will work Monday through Thursday.

Group two will work Tuesday through Friday. Employees will be assigned to a group CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS – MOU 2022 - 2024

23 based on the operational needs of the Electric Utilit y Department. Changes to assigned groups will be at the approval of the Electric Utility Director.

 It is agreed that the alternate work schedule will be terminated at any time (end of pay period) in the event it causes a reduced level of service to the g eneral public, excessive overtime use, the inability to respond to the needs of the system or the customer or for any other reason not in the best interest of the operation of the Department.

 The Electric Distribution Operators will not participate in the alternate work schedule.

 The alternate work schedule may be cancelled by either party effective at the end of a pay period, but in no event later than the end of the next full pay period following the cancellation request. During the waiting period ever y effort will be made to resolve the issue or issues that caused the cancellation request.

ARTICLE XXVII - INCLEMENT WEATHER

27.1 The City will not require work on electric lines or outdoor substations (other than operating functions) in inclement w eather, except in cases of emergencies. When employees are prohibited from performing their regular duties because of inclement weather, the City will provide work which can be performed under protection from the weather. If the employee elects to take t he day off, they may use personal leave accruals for their absence.

Emergencies shall be deemed situations requiring work to prevent risk to life or property or to maintain or restore continuity of regular service to the public.

ARTICLE XXVIII - MEALS

28.1 When required to work overtime, employees will be granted a $25.00 meal allowance. One hour of pay will be provided in instances where a meal is missed.

When the City requires an employee to perform non -prearranged work on a work day beginning more than one hour prior to the start of the normal work day, the City will provide such employee with a meal allowance. Such meal allowance shall be considered implemented two hours after reporting to work. The City shall continue to provide meal allowances at four-hour intervals until the first such meal allowance falls within the normal work day, then only one subsequent meal allowance shall be allowed. The time taken to consume such meal shall be at the City's expense, except the second meal allowance during the work day (regular work mode).

When the City requires an employee to perform non -prearranged work on a work day extending the normal work day by two or more hours, the City will provide such employee with a meal allowance at the two -hour point. The City shall continue to provide meal allowances at four -hour intervals until the employee is dismissed from work. The time taken to consume any such meal shall be at the City's expense.

CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS – MOU 2022 - 2024

24 28.2 When the City requires an employee to perform non-prearranged work on non-work days, the City will provide meal allowances at intervals of four hours. The first meal allowance shall be four hours after the employee reports to work, providing time is allowed for an employee to eat before reporting. If such time is not allowed, the first meal allowance shall be two hours after reporting for work and at four-hour intervals thereafter. The time taken to consume any meal shall be at the City's expense.

28.3 When an employee is required to perform prearranged w ork on non -work days during regular work hours, the employee shall observe the lunch arrangements which prevail on the normal work days. If such work continues after regular work hours, the City shall provide meal allowances in accordance with the provisions of Section 27.1.

28.4 If the City requires an employee to perform prearranged work starting two or more hours before regular work hours on work days or non-work days and such employee continues to work into regular work hours, the employee shall provide for one meal on the job. The City shall provide meal allowances for other meals as required by the duration of the work period. The meals provided for in this section shall be eaten at approximately the usual times therefore and the usual practice relating to lunch periods on work days shall prevail.

The usual times, therefore, shall be 6:00 a.m. - 12:00 noon - 6:30 p.m.

28.5 If the City requires an employee to perform prearranged work starting two or more hours before regular work hours on a work da y and such work is completed less than one hour prior to the beginning of the normal work day, the City shall provide a meal allowance. The time taken to consume any such meal shall be at the City's expense.

28.6 If the City requires an Electric Troubleshooter, Troubleshooting Supervisor or Electric Distribution Operator to work four or more consecutive hours during a standby period the City shall provide a meal allowance.

The City shall provide meal allowance(s) to the Electric Troubleshooter or Troubleshooting Supervisor during the week of standby duty as follows:

On a Normal Workday

1. The break between the completed work (call -out) and the beginning of the workday is less than one (1) hour.

2. The work (call -out) is continuous and extends the workd ay by more than two (2) hours.

On Standby

An Electric Troubleshooter or Troubleshooting Supervisor, in standby mode shall not receive compensation for the time taken to eat any meal, normal workday compensation excluded.

CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS – MOU 2022 - 2024

25 28.7 For the purpose of this section prearranged work shall mean that the employee was notified of the work prior to the end of the preceding work day.

ARTICLE XXIX - TROUBLE TRUCK

29.1 SHIFT SCHEDULES
The service truck (trouble truck) will normally be staffed with an Electric Troubleshooter or a Troubleshooting Supervisor on a rotational shift basis. One of two shift schedules can be utilized based on the needs of the department (see attached schedules). Each schedule has an 'early shift' with working hours between 0700 -1530 hours and a 'late shift' with work hours shifted a maximum 2.5 hours to 0930-1800 hours. Both shifts have a one-half hour lunch period included. Schedule A runs Monday through Friday for all three shifts with the 'late shift' being on standby duty outside the normal work hours.

Schedule B runs Monday through Friday for two shifts and Tuesday through Saturday for the third shift with the late shift being on standby duty outside normal work hours. The work hours on Saturday can be shifted to 0700 -1530 hours by mutual consent between all Electric Troubleshooters, Troubleshooting Supervisor, and the Electric Utility Director.

29.2 ELIGIBILITY
To be eligible and to remain eligible for the position of Electric Troubleshooter Troubleshooting Supervisor, the employ ee must be able to respond to the center of Lodi (City Hall) within 3020 minutes following receipt of a call for service.

29.3 SCHEDULED LEAVE
Scheduled leave will only be authorized for one Electric Troubleshooter or Troubleshooting Supervisor at any one time, except for a hardship case.

Scheduled leave is defined to begin and end at the beginning of the normal workday and be based on the dates shown on the Request for Leave form.

29.4 RELIEF
If the Electric Troubleshooter or Troubleshooting Supervisor scheduled for late shift and/or standby duty is unable to report for work, the Electric Troubleshooter or Troubleshooting Supervisor scheduled to work the following 'late shift' shall cover the shift or parts thereof by shifting work hours to the 'late shift' schedule.

In the event the Electric Troubleshooter or Troubleshooting Supervisor "scheduled to work the following 'late shift'," as used in the above relief procedure, is unable to cover the shift or parts thereof, the Electric Troubleshooter or Troubleshooting Supervisor scheduled to work the preceding 'late shift' shall cover the shift or parts thereof.

If no Electric Troubleshooter or Troubleshooting Supervisor is available for any shift, the City shall offer the shift or parts thereof to Li nemen/Linewomen that meet the eligibility requirements of 3020 minutes response time and is at the E Step pay and in accordance with the established call-out procedure, i.e. least overtime first.

CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS – MOU 2022 - 2024

26 Special Condition: B Schedule, Saturday
If the Electric Troubleshooter or Troubleshooting Supervisor scheduled for work on Saturday is unable to report for work, work will not be performed. The Electric Troubleshooter or Troubleshooting Supervisor scheduled to work the following 'late shift' will have standby duty all Saturday.

ARTICLE XXX – ELECTRIC DISTRIBUTION OPERATOR RELIEF PROCEDURE

SINGLE-SHIFT PLAN

30.1 Requests for leave, other than an emergency, shall be submitted for approval a minimum of five (5) working days prior to the first day of the requested leave. The shift of the operator on leave shall be filled as follows:

A. Full Shift(s)

The Relief Operator will resume the operator's shift(s) on the operator's first "Regular Day Off" prior to the leave, and continue working the shift(s) until the last day of the operator's requested leave, i.e. last day of shift(s). At this time, the Relief Operator will assume his/her regular schedule.

B. Less than a full shift, including Thursdays. (Overlap day)

1. The Relief Operator will shift his/her hours to cover the leave Monday through Wednesday.

2. Thursday shift will be covered by the Electric Distribution Operator scheduled to work the following weekend. (Thursday through Sunday)

3. If the regularly scheduled weekend Electric Distribution Operator is unable to report for work on Thursday or has taken scheduled leave, the shift shall be covered by the Relief Operator regularly scheduled for that week.

4. Weekend leave ( Friday, Saturday and Sunday) shall be covered by the "Regular Day Off" Utility Department Operations Division employee with the least amount of accumulated overtime in that pay year at the time of the request. If an employee declines to work the shift(s), it shall be counted as a shift(s) worked for overtime record purposes. The assign ed supervisor will keep a record of all overtime hours on a pay year basis.

When the overtime totals are the same for the two employees to be called, it shall be “Last Worked, Last Called.” Note: Regular scheduled work on a holiday shall not be considered as overtime for the purpose of computing accumulated overtime.

CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS – MOU 2022 - 2024

27 ARTICLE XXXI - ELECTRIC DISTRIBUTION OPERATOR PROCEDURE

31.1 Phone calls on line 368-5735 (or other phone number designated for such purpose), under normal conditions, will be answered by an answering service during the time period 1700- 0700 hours. The regular working hours for Electric Distribution Operators shall be from 7:00 a.m. to 5:00 p.m. (0700 – 1700). The answering service will dispatch an Electric Troubleshooter or Troubleshooting Supervisor to the scene and he/she will investigate the problem. If the Electric Troubleshooter determines that an Electric Distribution Operator is necessary, he/she will contact the answering service and request that the Standby Electric Distribution Operator be called. The Electric Troubleshooter will be in contact with the answering service at all times via cell phone and/or radio . In addition, the Electric Troubleshooter will be provided a cell phone stipend, or city provided cell phone, and must be available during their standby duty by the answering service and/or the Standby Electric Distribution Operator or other authorized personnel.

Once the Standby Electric Distribution Operator arrives at the Operations Center, he/she will contact th e answering service and report "on -duty." At this point, all established operating procedures take effect, i.e. Electric Distribution Operator requests additional people, conducts switching, prepares service tickets, maintains system log, etc. The Electric Distribution Operator or Relief Operator will remain on duty until the system is back in an “operational” "normal" status, with all power restored before control again is turned over to the answering service.

The Electric Troubleshooter or Troubleshooting Supervisor will record "time called" and "time back home" on all calls in the time period during their standby hours. This information is to be given to Operations the following morning, for preparation of proper service tickets, etc.

Alarms will be grouped as electric and intrusion. These alarms will go to the answering service. The answering service will call out appropriate personnel, based on a call-out list provided by the respective departments. An intrusion alarm at the Operations Center shall be reported to the Police Department followed by the Standby Operator.

In the event any of the alarms to the answering service are out of order at 1700 hours, the Electric Distribution Operator will remain on duty. The Electric Distribution Operator will likewise remain on duty until all trouble calls are completed, alarms cleared and the system is in an “operational” "normal" status, with all power restored before transferring control to the answering service unless otherwise directed by a supervisor. When transferring control to the Electric Distribution Operator or Relief Operator, the answering service will advise as to current status.

Employees should strive for a 30-minute lunch break as conditions permit. A minimum of one Electric Distribution Operator II or Electric Distribution Supervisor must be present at all times, with the exception of a short period of time in which the employee must take the radio with them (i.e., restroom, break room, etc.).

CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS – MOU 2022 - 2024

28 Chapter 6. Association/City Issues

ARTICLE XXXII - CHANGES IN MEMORANDUM OF UNDERSTANDING

32.1 The parties agree to reopen this MOU and to renew Meeting and Conferring on the subjects set forth herein during the term of this MOU only in the event that any provision of this MOU is modified by statute, applicable regulation or by order of court in such a way as to affect either the employees or the City. In such event, all remaining provisions of the MOU would continue in full force and effect unless and until they were also modified by statute, applicable regulation or order of court or agreement of the parties.

32.2 In the event that a court of competent jurisdiction declares invalid or unenforceable any provision of this MOU, the remaining provisions shall continue in full force and effect.

ARTICLE XXXIII - CITY RIGHTS

33.1 It is further understood and agreed between the parties that nothing contained in this MOU shall be construed to waive or reduce any rights of the City, which include, but are not limited to the exclusive rights:

. to determine the mission of its constituent departments, commissions and boards; . to set standards of service; to determine the procedures and standards of selection for employment;
. to direct its employees;
. to maintain the efficiency of governmental operations; . to determine the methods, means and personnel by which government operations are to be conducted;
. to take all necessary actions to carry out its mission in emergencies; and . to exercise complete control and discretion and the technology of performing its work.

City rights also include the right to determine the procedures and standards of selection for promotion, to relieve employees from duty because of lack of work or other legitimate reasons, to take disciplinary ac tion, and to determine the control of job classifications; provided, however, that the exercise by the City of the rights in this paragraph does not preclude employees or their recognized employee organizations from filing grievances regarding the practical consequences that decisions on such matters may have on wages, hours or terms and conditions of employment.

CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS – MOU 2022 - 2024

29 ARTICLE XXXIV - DEMOTION AND LAYOFF

34.1 The City and the IBEW Local 1245 mutually agree that when involuntary demotion and/or layoff is required, the following shall be observed:

The City will give permanent regular employees involved as much notice as possible, but in no event will such employees be given less than one pay period notice of layoff. When probationary employees are to be laid off, no notice of layoff is required. Layoff in all cases due to lack of work will be determined by an employee's length of service. An employee whose job is being eliminated may elect to displace an employee who is in a lower classification within the IBEW Local 1245 bargaining unit, if the position is within their classification series, or the person has previously held the classification , and if his/her total City length of service is greater than that of the employee in the lower classification. In the event that a journeyman/journeywoman displaces an apprentice, he/she shall continue to be paid as a journeyman/journeywoman.

ARTICLE XXXV - DRUG AND ALCOHOL POLICY

35.1 It is the mutual desire of both parties to have and maintain a drug and a lcohol free work environment.

ARTICLE XXXVI - EMPLOYEE REPRESENTATION

36.1 This Memorandum of Understanding (hereinafter referred to as MOU) is entered into between representatives of the City of Lodi (hereinafter referred to as City) and representatives of the International Brotherhood of Electrical Workers, Electric Utility Unit, Local 1245 (hereinafter referred to as IBEW Local 1245).

The parties to this MOU acknowledge and agree that this MOU constitutes the result of Meeting and Conferring in goo d faith as contemplated by Section 3500 et seq. of the Government Code of the State of California, and further acknowledge and agree that all matters upon which the parties reached agreement are set forth in this MOU. If the City intends to change a matter within the scope of rep resentation under the Meyers -Milias- Brown Act (MMBA) which is not covered by this MOU, it shall notify the IBEW Local 1245. If the IBEW Local 1245 wishes to negotiate over such a matter, it shall notify the City within ten (10) wor k days of notice, and the parties shall commence negotiations within ten work days of the IBEW Local 1245's notification. If the IBEW Local 1245 does not respond within ten work days of the City’s notification, the City will have no further obligation to negotiate over the matter.

CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS – MOU 2022 - 2024

30 The terms and conditions of this MOU are applicable to those employees in bargaining unit classifications represented by IBEW Local 1245. Those classifications are as follows:

 Construction/Maintenance Supervisor
 Electric Apparatus Mechanic
 Electric Distribution Operator I
 Electric Distribution Operator II
 Electric Distribution Operator Supervisor
 Electric Foreman/Forewoman
 Electric Groundworker
 Electric Line Apprentice I
 Electric Line Apprentice II
 Electric Lineman/Linewoman
 Electric Materials Technician
 Electric Troubleshooter
 Electrical Drafting Technician
 Electrical Engineering Technician
 Electrical Technician
 Electrician
 Lead Electrician
 Metering Technician
 Senior Electrical Engineering Technician
 Senior Electrical Technician
 Substation Technician
 Substation/Metering Supervisor
 Troubleshooting Supervisor
 Utility Equipment Specialist
 Utility Warehouse Supervisor

The terms and conditions of this MOU are applicable to the above -enumerated classes which constitute the Unit represented by the IBEW Local 1245.

36.2 Upon written notification from the Union of signed authorization by the employee, the City shall deduct monthly membership dues or fees from the employee’s wages and remit said dues or fees to IBEW Local 1245.

The IBEW Local 1245 shall indemnify the City against any claims made and against any suit instituted against the City by said employee for deductions of monthly dues or fees based on reliance of information provided by the Union. In addition, the IBEW Local 1245 shall refund to the City any amounts paid to it in error upon presentation of supporting evidence.

36.3 The City shall begin deductions of dues or fees in the amount prescribed by IBEW Local 1245 in the first full payroll period after receipt of written certification of employee authorization from IBEW Local 1245. Deductions may be revoked only pursuant to the CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS – MOU 2022 - 2024

31 terms of the employee’s written authorization. The City shall direct employee requests to cancel or change deductions to IBEW Local 1245 and shall rely on information provided by IBEW Local 1245 regarding whether deduction for IBEW Local 1245 were properly canceled or changed.

36.4 Changes in the IBEW Local 1245 membership dues rate shall be certified to the City in writing over the signature of the Business Representative. The change will be implemented in the first full payroll period after receipt of the notification.

36.5 The City and the IBEW Local 1245 agree and understand that if any section of the MOU in any way conflicts with the terms and conditions of employment stated in other authorities, such as personnel rules, administrative policy and procedure manual, city resolutions, or city ordinances, any ambiguity will be resolved in favor of the MOU language. If the MOU is silent on any issue, the applicable document (i.e. policy manual) is controlling.

36.6 UNION SECURITY

1. INTRODUCTION

The following Union Security provisions shall apply to all employees in bargaining unit classifications represented by the Union.

2. DUES/FEES
A. Any employee of the City of Lodi in a classification represented by the Union who is not on leave of absence may, become a member of the Union, or pay the Union a service fee in an amount not to exceed periodic dues and general assessm ents of the Union. Such amounts shall be determined by the Union and implemented by the City of Lodi in the first payroll period after written notice of the new amount is received by the City.

3. CHANGE OF LAW
In the event there is a c hange in the law whereby any provision hereof becomes invalid or if for any reason any provision of this Article is rendered unlawful by any published appellate court decision, the parties hereto shall meet -and-confer within thirty (30) days to negotiate a substitute provision which conforms to said law or court decision.

Successor Language – The City agrees to the following addition to the MOU:

36.7 This MOUAgreement shall be binding upon the successors, purchasers, conveyees, transferees, leasees, and assignees (hereinafter “successors”) of the City. In consideration of the IBEW Local 1245’s execution of this MOUagreement, the City promises that its operations covered by this MOUAgreement, or any portion thereof, shall not be sold, CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS – MOU 2022 - 2024

32 conveyed, transferred, leased or assigned to, or consolidated, or merged with, any successor without first securing an enforceable agreement of the successor to assume the City’s obligations under this MOUagreement.

The City agrees to notify the IBEW Local 1245 of any proposed s ale, conveyance, transfer, lease, assignment, consolidation or merger and to provide, and continue to provide any and all information about the sale, conveyance, transfer, lease, assignment, consolidation or merger, including a copy of the proposed legal d ocument setting forth the transaction in request. Such notification and information shall be provided at the earliest time possible, but in any event, at leas t sixty (60) days prior to the effective date of any agreement between the City and the proposed successor.

If the City: 1) Fails to timely notify the IBEW Local 1245 and provide the required information; 2) Fails to allow an IBEW Local 1245 representative to be present at negotiations involving the transaction in question; or 3) Fails to secure an en forceable agreement of the successor to assume the City’s obligations under this MOUAgreement, the City shall be liable to the IBEW Local 1245 and to the bargaining unit employees covered by this MOUAgreement for any and all damages sustained by the IBEW Local 1245 and the bargaining unit employees for such failure.

ARTICLE XXXVII- - GRIEVANCE PROCEDURE

37.1 Disputes involving the following subjects shall be determined by the Grievance Procedures established herein:

A. Interpretation or application o f any of the terms of this MOUagreement, including Exhibits thereto, Letter of Agreement, and formal interpretations and clarifications executed by IBEW Local 1245 and City.

B. Discharge, demotion, suspension, or discipline of an individual employee.

C. Disputes as to whether a matter is proper subject for the Grievance Procedure.

D. Disputes which may be of a "class action" nature filed on behalf of the IBEW Local 1245 or the City.

37.2 Class action grievance will be in writing from the Business Repres entative to the City Manager or vice versa.

37.3 STEP ONE
Discussion between the employee, the Shop Steward and/or Business Representative and the Division Head or designated Supervisor directly involved, who will answer within fifteen work days. This s tep shall be taken within thirty days of the date of the action complained of, or the date the grievant became aware of the incident which is the basis of the grievance.

CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS – MOU 2022 - 2024

33 37.4 STEP TWO
If a grievance is not resolved in the initial step, the Step Two shall be a discussion between the employee, Shop Steward and/or Business Representative and the Department Head who shall answer within fifteen work days. This step shall be taken within fifteen work days of the date of the immediate Supervisor's answer in Step One.

37.5 STEP THREE
If a grievance is not resolved in the Step Two, a committee will be called to investigate the factual basis of the grievance. The committee shall consist of a representative of the City Manager, the departmental supervisor, the Department Shop Steward and Business Representative. Step Three shall be taken within fifteen work days of the date of the answer in Step Two.

37.6 STEP FOUR
If a grievance is not resolved in Step Three, Step Four shall be the presentation of the grievance, in writing, by the Business Representative to the City Manager, who shall answer, in writing, within fifteen work days of receipt of the grievance. Step Four shall be taken within fifteen work days of the date of the answer in Step Three.

37.7 STEP FIVE
If a grievance is not resolved by the City Manager, arbitration shall be the final step of appeal for grievances and discipline. It is agreed by both parties that the decision of the arbitrator is binding and final on both parties and that if this procedure is utilized all other avenues of appeal are waived. If arbitration is chosen the City must be notified within fifteen calendar days of the City Manager's decision.

Within ten calendar days after the request for arbitration is received by the City, or at a date mutually agreed to by the parties, the parties shall meet to select an impartial arbitrator. If no agreement is reached at this meeting, the parties shall immediately and jointly request the State Conciliation and Mediation Service to s ubmit to them a panel of five arbitrators from which the City and the IBEW Local 1245 shall alternately strike names until one name remains; this person shall be the arbitrator. If the State Conciliation and Mediation Service cannot provide a list of five arbitrators, the same request shall be made of the American Arbitration Association.

To insure that the arbitration process is as brief and economical as possible, the following guidelines shall be adhered to:

a. An arbitrator may, upon mutual consen t of the parties, issue a decision, opinion or award orally upon submission of the arbitration. b. Both parties and the arbitrator may tape record make an audio recording of the hearing.

CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS – MOU 2022 - 2024

34 c. There shall be no official transcript required; however, either party may utilize a court reporter at its own sole expense. The cost of a court reporter required by an arbitrator shall be shared equally by the parties.
d. The parties may agree to prepare a joint letter submitting the issue in dispute. The letter s hall present the matter on which arbitration is sought and shall outline the MOU provisions governing arbitration.

It may contain mutually agreed on stipulations of fact and it may be accompanied by any documents that the parties mutually agree shall be submitted to the arbitrator in advance of the hearing which may not necessarily be stipulations of fact. Further, if the parties mutually agree, the entire matter may be submitted to arbitration for review without hearing. Absent agreement to prepare a joi nt letter, the parties may submit separate letters.
e. The strict rules of evidence are not applicable and the hearing shall be informal.
f. The parties have the right to present and cross examine witnesses, issue opening and closing statements, and file written closing briefs.

Testimony shall be under oath or affirmation.
g. The arbitrator may exclude testimony or evidence which he/she determines irrelevant or repetitious.
h. Attendance at a hearing shall be limited to those determined by the arbitrator to have a direct connection with the appeal. Witnesses normally would be present at the hearing only while testifying and should be permitted to testify only in the presence of the employee or his/her representative and the employer's representative. i. The arbitration hearing shall be held on the employer's premises. j. The cost of arbitration shall be borne equally by the parties.

However, the cost, if any, of cancellation or postponement shall be the financial responsibility of the party requesting such delay, unless mutually agreed by the parties.

The decision, opinion, or award shall be based on the record developed by the parties before the hearing. The decision shall be in writing and shall contain the crucial reasons supporting the decision and award.

The arbitrator has no power to add to, subtract from, or modify the terms of t his MOU or the written ordinances, resolutions, rules, regulations and procedures of the City, nor shall he/she impose any limitations or obligations not specifically provided for under the terms of this MOU. The arbitrator shall be without power or authority to make any decision that requires the City or management to do an act prohibited by law.

The arbitrator has no power to add to a disciplinary action.

CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS – MOU 2022 - 2024

35 37.8 Failure by either party to meet any of the aforementioned time limits as set forth in Sections 376.3, 376.4, 376.5, 376.6 or 376.7 will result in forfeiture by the failing party. Except, however, that the aforementioned time limits may be extend ed by mutual agreement.

Grievances settled by forfeiture shall not bind either party to an interpretation of this MOU, nor shall such settlements be cited by either party as evidence in the settlement of subsequent grievances.

37.9 Employees may have documents relating to absenteeism and disciplinary actions removed from their personnel files if the incident prompting the action took place twenty -four months or more previous and no incident of a similar nature has occurred in the interim.

ARTICLE XXXVIII – DISCIPLINARY PROCEEDINGS

38.1 The City Manager, Department Head, or designee may take disciplinary action against an employee.

38.2 The considerations used in determining the type of disciplinary action shall be considered on a case -by-case basis. Such considerations shall include, but not be limited to: the employee’s work history and performance record; the nature and severity of the infraction; degree of orientation; and any extenuating factors.

38.3 The types of disciplinary action that may be taken shall include but not be limited to oral reprimands, written reprimands, demotions, suspensions, reductions in pay and dismissal from employment.

38.4 The City of Lodi practices a progressive disciplinary process. The process is subject, but not limited to the considerations listed in 38.2, and shall be implemented on a case-by-case basis. As a general guideline, the process of disciplinary action shall be in the following order:

A. Verbal counseling or oral reprimand to determine the cause(s) or origin(s) for lacking performance, and to encourage the employee to raise/maintain performance at an acceptable level.

B. Written reprimand, which, if applicable, will include the performance level the employee is expected to achieve/maintain.

C. Demotion, suspension, reduction in pay, and dismissal may be used separately, concurrently, or in succession to other disciplinary actions.

38.5 A written notice shall be given to the employee of the following:

A. The reasons for the disciplinary action including what rules, regulations or policies have been violated;
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS – MOU 2022 - 2024

36 B. The effective date(s) of the disciplinary action; and C. Any rights of appeal.

38.6 The following may be causes for disciplinary action. The purpose of specifying these causes is to alert employees to the more common types of disciplinary issues. However, this list is not all inclusive and other instances of unacceptable behavior may arise that are to be included in this list.

A. Improper or unauthorized use or abuse of sick leave.

B. Inability to maintain regular and consistent attendance, which prevents reasonable availability for assigned duties.

C. Absence without authorized leave; repeated tardiness to assigned work station; leaving assigned work without authorization; failure to report to work after a leave of absence has expired, or after a leave has been disapproved or revoked.

D. Misconduct; willful or negligent violation of any City rule or policy.

E. Insubordination.

F. Acceptance of gifts or gratuities in connection with or relating to the employee’s duties.

G. Conviction of a felony or a misdemeanor involving moral turpitude. A plea or a verdict of guilty, or a conviction following a plea of nolo contendere, to a charge of a felony or any offense involving moral turpitude is deemed to be a conviction.

H. Fraud or the submission of false information related to employment application, payroll, or any work-related record or report.

I. Soliciting outside work for personal gain during the conduct of city business; engaging in outside employment for any business under contract with the City; or participating in any outside employment that adversely affects the employee’s city work performance; or conducting personal business on city time.

J. Discourteous treatment of the public or city employees or disorderly conduct on city property or on city business including fighting, or using profanity, intimidation, abusive or threatening language.

K. Conduct that interferes with the reasonable management, operation, and discipline of the city or any of its departments or divisions or failure to cooperate with superiors or fellow employees.

L. Engaging in political activities while on duty, in uniform or using the authority associated with city employment.

M. Violation or neglect of safety rules or practices.

N. Behavior, either during or outside duty hours, wh ich is of such a nature that i t causes discredit to the city or one of its operating services.

O. Refusal or inability to improve job performance in accordance with written or verbal direction after a reasonable trial period.

CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS – MOU 2022 - 2024

37 P. Inefficiency, incompetence, or negligence in the performance of duties, including failure to perform or complete assigned tasks or training, in a prompt, competent and reasonable manner.

Q. Refusal to accept and carry out reasonable and proper assignment from an authorized supervisor.

R. Intoxication, incapacity or possession or use of controlled substances or alcohol on City property and/or at the worksite.

S. Failure to obtain or maintain possession of the minimum qualifications for the position.

T. Careless, negligent, or improper use of city pro perty, equipment or funds, including unauthorized removal, or use for private purpose, or use involving damage or unreasonable risk of damage to property.

U. Unauthorized release or use of confidential information or official records.

V. Participation in an illegal strike, work stoppage, slowdown, or other job action against the city.

W. Inability to perform the duties of his/her job.

X. Dishonesty
Y. Possession of firearms on the job (except for law enforcement personnel).

Z. Sleeping on the job.

AA. Theft.

BB. Retaliation for actions protected by law.

CC. Failure to report loss of or damage caused to city equipment and/or facilities for which the employee was responsible.

DD. Threats of violence against city employees and/or city property.

EE. Violation of Fair Political Practices Act.

38.7 In the event of a demotion, suspension, reduction in pay or dismissal, and the affected employee is not satisfied with the decision rendered by the City Manager, the employee may appeal the decision by filing a written appeal with the Human Resources Department within ten (10) work days following service of the final notice of disciplinary action. The written appeal shall contain a written reply to the charges against the employee and a written request for an appeal hearing.

38.8 If an employee submits an appeal, the City shall refer the appeal to arbitration in accordance with step five of the grievance procedure in the MOU. In the case of a disciplinary appeal under this article, the arbitrator’s authority shall be limited in accordance with provisions of step five and the parties’ hearing stipulations.

ARTICLE XXXIX - MUTUAL CONSENT CLAUSE
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS – MOU 2022 - 2024

38 39.1 This MOU may be amended any time during its lifetime upon mutual consent of the City and IBEW Local 1245. Such amendment must be in writing and attache d to all executed copies of this MOU.

ARTICLE XL - NO STRIKES

40.1 The represented employees agree that they will not strike, withhold services, engage in "slow downs" or "sick -ins" or participate in any other concerted activity which adversely affects job performance or City services during the term of this MOU.

ARTICLE XLI - POLICY MANUAL

41.1 City agrees to provide copies of Policy Manual to IBEW Local 1245 Shop Stewards and two copies to the Business Representative of IBEW Local 1245 and t o place those individuals on the mailing list for any changes thereto.

ARTICLE XLII - PROBATIONARY PERIOD

42.1 All appointments to positions in the classified service shall be subject to probationary period of 12 continuous months of service. The p robationary period for promotions, transfers, or temporary employees advanced to regular status who have served in a temporary capacity for a minimum of six months shall all be six months and are eligible for a merit increase at that time. The probationary period shall be regarded as an integral part of the examination process and shall be used to closely observe the employee's work for securing the most effective adjustment of an employee to his/her new duties, assignments and responsibilities in his/her new position and for rejecting any probationary employee whose performance does not meet required work standards. The salary range for Lineman/ Linewoman consists of 2 steps. Newly hired Linemen/Linewomen shall be paid at no lower than the bottom step of the pay range upon employment and shall be advanced to the top step after 13 pay periods.

42.2 During the probationary period, all new hires shall have all the rights and privileges afforded to other employees, except:
1) The use of the Grievance Procedure to grieve termination. 2) The City and the employee may mutually agree to extend the probationary period for not more than six months. The IBEW Local 1245 shall be notified of all extensions.

42.3 The City will provide medical insurance to temporary employees. Temporary employees shall be permitted to obtain dental and/or vision insurance coverage at group rates by the employee paying the prevailing premiums. When a temporary employee is converted to CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS – MOU 2022 - 2024

39 regular status, he/she shall receive credit for a ll time worked as a temporary employee toward the probationary period.

ARTICLE XLIII - REST PERIOD

43.1 The City and the IBEW Local 1245 mutually agree that when an employee has worked for eight hours or more at the overtime rate during the sixteen -hour period immediately preceding the beginning of his/her regular work hours on a work day he/she shall be entitled to a rest period of eight hours on the completion of such overtime work. When an employee has worked for six or more hours at the overtime rate during the twelve hours immediately preceding the beginning of his/her regular work hours on a work day he/she shall be entitled to a rest period of six hours on the completion of such overtime work.

When an employee has worked for four or more hours at the overtime rate during the eight hours immediately preceding the beginning of his/her regular work hours on a work day he/she shall be entitled to a rest period of four hours on the completion of such overtime work.

43.2 There shall be included as part of the hours worked at the overtime rate in any qualifying period any meal time to which the employee is entitled when emergency or prearranged work is performed, except that any meal time to which he/she is entitled after being dismissed from work shall not be included in the computation of the rest period.

43.3 Hours worked prior to any rest period in which the employee does not work shall not be included in computing another period of overtime work.

43.4 If the rest period in whole or in part overlaps the employee's regular work hours he/she will receive pay at the straight rate for the extent of the overlap, except that the time taken during such overlap for any meal to which he/she is entitled on dismissal shall be paid for at the overtime rate.

43.5 If the employee is called back to work during any rest period a new rest period will commence at the conclusion of such work.

43.6 If the rest period overlaps his/her regular work hours but does not extend into the second half of his/her work day, t he employee may be excused from reporting for work until the beginning of the second half of his/her work day, and in such event he/she will be paid for the time between the expiration of the rest period and the end of the first half of his/her work day.

43.7 If the rest period extends into the second half of his/her work day, the employee may be excused from reporting for work until the following work day, and in such event he/she will be paid for the time between the expiration of the rest period and his /her regular quitting time on such day.

CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS – MOU 2022 - 2024

40 43.8 In the application of the foregoing, an employee unless otherwise instructed, shall be deemed to be excused from reporting to work for the period between the end of his/her rest period and the reporting time as designated by the applicable subdivision.

43.9 An employee entitled to a rest period hereunder may nevertheless be required to work during regular work hours on a work day without having had a rest period of four, six or eight consecutive hours, as applicable, in which event he/she shall be paid at the overtime rate for all work performed until he/she has been relieved from duty for at least four, six or eight consecutive hours, as applicable. This section shall not apply to prearranged overtime work.

43.10 For the purposes of this section, when a n Electric Distribution Operator, assigned to the swing shift works four or more hours during the previous day shift and completes his/her regularly scheduled shift, the first eight hours worked will be paid at the straight time hourly rate. All time worked in excess of eight hours shall be paid at the appropriate overtime rate and meal provisions shall apply in accordance with Article XXVII.

ARTICLE XLIV – MISCELLANEOUS

44.1 Prior to any reduction in force of IBEW Local 1245 represented employees, affected IBEW Local 1245 employees meeting the minimum qualifications of the jobs being contracted will be offered any bargaining unit work being performed by contractors. These assignments will be of a temporary nature. All current rules concerning bumping and selection shall apply. For the purpose of this agreement, contracting occurs when temporary non-IBEW Local 1245 employees are filling positions; outside contractors are performing work in the IBEW Local 1245 bargaining unit and cross-training is in effect. The City of Lodi agrees to notify IBEW Local 1245 in each instance of its intent to contract IBEW Local 1245 bargaining unit work.

44.2 The City may employ Contract Workers, including linemen/linewomen and individuals in other skilled trades represented by IBEW Local 1245, from the dispatch hall of IBEW Local 1245. The terms of such arrangements are as follows:

 Contract Workers will be referred from Local 1245’s dispatch hall in Vacaville, California upon request by the City.
 Contract Workers referred to the City shall only be assigned regular work within their job classification unless agreed otherwise by Local 1245.  The maximum period of retention shall be six (6) consecutive months unless the parties agree in writing to waive this requirement in specific cases.  Contract Workers shall be paid an hourly wage equal to the then -current wages for their individual classification as established by Local 1245 for “Outside” workers.

Contract Workers shall also be paid a cash equivalent of the then current benefits in CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS – MOU 2022 - 2024

41 place for such Outside employees as established by Local 1245. In addition, the City shall pay the appropriate payroll taxes.
 The City shall, when appropriate, apply all other working conditions s uch as overtime, meals, etc. that are currently provided for in thisthe MOU. Preference for overtime will be extended to “regular” City employees, and while the City may work Contract Workers overtime, the City is under no obligation to balance overtime f or such individuals.
 The City shall not permanently reduce the number of bargaining unit employees within any classification corresponding to the classifications of then current Contract Workers retained under this agreement.
 The City shall have the right to review the background/qualifications of any potential Contract Worker, including the right to interview same. The City may elect to not retain or to terminate the use of any particular Contract Worker at any time for any reason without recourse or liability.

44.3 The City of Lodi shall continue to provide IBEW Local 1245 with as much notice as is practicable of technological changes in its business that may have a significant effect on its work force. In such circumstances, the City of Lodi and the IBEW Local 1245 shall then meet to study and endeavor to adopt appropriate solutions.

44.4 The City will provide a representative of IBEW Local 1245 access to attend a thirty (30) minute portion of the new hire orientations, during which the IBEW Local 1245 representative may meet privately with the group of newly hired IBEW Local 1245 bargaining unit members. The City will provide IBEW Local 1245 at least ten days’ advance notice of any new employee orientation absent an urgent need critical to the City’s operations, in which case the City will provide as much advance notice to IBEW Local 1245 as possible.

44.5 Electric Utility Management and IBEW agree to participate in regularly scheduled Labor- Management meetings. The purpose of these meetings is to maintain effective communication between the parties and to discuss matters of mutual interest. These meetings are not for the purpose of resolving formal grievances; however, issues of concern should be discussed at these meetings in an effort to resolve before they rise to the level of a formal grievance. The Labor -Management Committee shall be comprised of up to three Electric Utility Management staff, the Human Resources Manager, the IBEW Business Representative, and up to four employee representatives. The meetings shall be conducted quarterly, or more frequently as mutually agreed upon by both parties. The City and Union, by mutual agreement, can cancel meetings as deemed appropriate. Each party has the option to invite additional attendees as needed to address concerns of a specialized nature.

ARTICLE XLV - TERM

45.1 This MOU covers the period from January 1, 20222019 through December 31, 20242021.

CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS – MOU 2022 - 2024

42 Effective January 1, 20192022, and except as provided her ein, the Memorandum of Understanding (“MOU”) between Local 1245, International Brotherhood of Electrical Workers, Electric Utility Unit (“IBEW”) and the City of Lodi (“City”) shall cover the period January 1, 20222019 to December 31, 20242021, and it shall continue thereafter from year to year unless either party shall give notice in writing to the other party at least sixty (60) days prior to any such anniversary date of its desire to amend or terminate same.

45.2 The parties mutually agree to commence negotiations no later than three (3) months prior to the expiration of the MOU.

CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS – MOU 2022 - 2024

43 ATTACHMENT A

IBEW Salary Schedule, effective July 1, 2019 January 10, 2022

EFFECTIVE DATE BU CODE JOB DESCRIPTION 0 1 2 3 4
01/10/2022 I 6500 ELEC GROUNDWRKR 73,827.00$ 77,517.18$ 81,389.10$ 85,468.76$ 89,730.68$ 01/10/2022 I 6501 ELEC LINEAPR I 88,217.48$ 92,628.12$ 97,259.50$ 102,122.54$ 107,228.42$ 01/10/2022 I 6502 ELEC LINEAPR II 117,951.86$ 123,849.70$ -$ -$ -$ 01/10/2022 I 6503 ELEC APP MECH 93,368.60$ 98,041.06$ 102,968.06$ 108,103.06$ 113,531.34$ 01/10/2022 I 6504 ELEC LINEPERSON -$ -$ -$ 129,723.62$ 136,237.66$ 01/10/2022 I 6505 ELEC FOREPERSON -$ -$ -$ -$ 156,653.64$ 01/10/2022 I 6506 ELECTRICIAN -$ -$ -$ 106,945.46$ 112,315.76$ 01/10/2022 I 6507 ELEC MTRLS TECH 83,597.80$ 87,776.52$ 92,168.18$ 96,775.64$ 101,611.64$ 01/10/2022 I 6508 LEAD ELCTRICIAN -$ -$ -$ -$ 123,547.84$ 01/10/2022 I 6509 ELEC DRFTG TECH 78,681.20$ 82,620.98$ 86,739.64$ 91,081.90$ 95,637.36$ 01/10/2022 I 6511 ELEC TECH 124,581.34$ 130,808.60$ 137,348.12$ 144,214.46$ 151,430.50$ 01/10/2022 I 6512 SR ELEC TECH 137,291.70$ 144,164.54$ 151,358.74$ 158,939.56$ 166,875.80$ 01/10/2022 I 6513 DIST PLANNER 107,393.52$ 112,772.40$ 118,411.54$ 124,341.62$ 130,544.44$ 01/10/2022 I 6514 DIST PLANNR SUP 118,164.80$ 124,048.08$ 130,256.62$ 136,784.18$ 143,602.68$ 01/10/2022 I 6520 ELEC TRBLSHTR -$ -$ -$ -$ 139,421.62$ 01/10/2022 I 6521 TRBLSHTNG SUPV -$ -$ -$ -$ 156,653.64$ 01/10/2022 I 6530 UTIL EQUIP SPEC 81,199.30$ 85,271.42$ 89,545.82$ 94,010.28$ 98,721.74$ 01/10/2022 I 6531 ELEC DIST OP I 112,083.40$ 117,687.18$ 123,968.52$ 129,750.14$ 136,237.66$ 01/10/2022 I 6532 ELEC DIST OP II -$ -$ -$ 136,237.66$ 143,049.66$ 01/10/2022 I 6535 ELEC DIST OP SU -$ -$ -$ 149,861.40$ 157,368.12$ 01/10/2022 I 6540 METERING TECH -$ -$ -$ -$ 121,987.32$ 01/10/2022 I 6550 CONST/MAINT SUP -$ -$ -$ -$ 172,323.32$ 01/10/2022 I 6554 ELEC ENG TECH 86,560.24$ 90,874.16$ 95,421.56$ 100,202.96$ 105,192.36$ 01/10/2022 I 6555 SR ELC ENG TECH -$ -$ -$ -$ 124,974.20$ 01/10/2022 I 6560 SUB/METER SUPER -$ ` -$ -$ 172,323.32$ 01/10/2022 I 6565 SUBSTATION TECH -$ -$ -$ 144,214.46$ 151,430.50$ 01/10/2022 I 6570 UT WARE SUPERV 91,957.58$ 96,554.12$ 101,384.92$ 106,452.84$ 111,772.70$

ANNUAL SALARY

CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS – MOU 2022 - 2024

44 Attachment B – Standby Pay Guidelines and sample schedule

Standby assignments will remain at the discretion of the Department Director based on operational need.

Operations: No proposed change to Operations Standby Schedule (4 week rotation once fully staffed with 3 Operator IIs and 1 Operations Supervisor)

Troubleshooters: No proposed change to Troubleshooting Standby Scheduled (3 week rotation)  Troubleshooting Supervisor will be the on-call Field Supervisor during his/her normal week of on-call assignment

Substation Technicians and Substation/Metering Supervisor: The 2 Substation Technicians and the Substation/Metering Supervisor will rotate Standby assignments (3 week rotation)  Substation/Metering Supervisor will be the on-call Field Supervisor during his/her normal week of on-call assignment

Linecrews and Construction/Maintenance Supervisor: the 3 Linecrews will rotate Standby assignments (3 week rotation once fully staffed)
 Construction/Maintenance Supervisor will be the on-call Field Supervisor every 3rd week in rotation with the Troubleshooting Supervisor, and the Substation/Metering Supervisor
 Apprentice, Journey level Linemen, and Foremen comprise this standby list for linecrews

CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS – MOU 2022 - 2024

45 On - Call Rotation Week 1 Week 2 Week 3 Week 4 Week 5 Week 6 Week 7 Week 8 Week 9 Week 10 Week 11 Week 12 Operations (4 week rotation)
Ops Supervisor x x x
Operator II (1) x x x
Opeator II (2) x x x
Operator II (3) x x x
Troubleshooting (3 week rotation)
Troubleshooting Supervisor x x x x
Troubleshooter 1 x x x x
Troubleshooter 2 x x x x
Substations (3 week rotation)
Substation Supervisor x x x x
Substation Technician 1 x x x x
Substation Technician 2 x x x x
Line Construction (3 week rotation)
Construction Supervisor x x x x
Foreman 1 x x x x
Journeyman 1 x x x x
Journeyman 2 x x x x
Apprentice 1 x x x x
Foreman 2 x x x x
Journeyman 3 x x x x
Journeyman 4 x x x x
Apprentice 2 x x x x
Foreman 3 x x x x
Journeyman 5 x x x x
Journeyman 6 x x x x
Apprentice 3 x x x x
Key
On-Call Field Supervisor
Crew 1
Crew 2
Crew 3

CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS _ MOU 2022 .2024 I. B. E. W. - LOCAL 1245
ELECTRIC UTILITY I]NIT
Robert Dean
Business Manager, IBEW
Date:

Sheila Lawton
Business Agent,IBEW
Date:

Rod Brown
Substation/IVletering Sup ervis or
Date:

Jeremy Barlow
Construction and Maintenance Supervisor
Date:

Brent Sirkel
Electric Troubleshooter
Date:

Ryan Mahler
Electric Foreman
Date:

Michael Koinzan
Warehouse Supervisor
Date:

CITY OF LODI

A MUNICIPAL CORPORATION
Stephen Schwabauer
City Manager
Date:

Andrew Keys
Deputy City Manager
Date:

Adele Post
Human Resources Manager
Date:

APPROVED AS TO FORM:

Janice D. Magdich
CityAttomey
Date:

Attest:

Jennifer Cusmir
Cify Clerk
Date:
46 RESOLUTION NO. 2022-__

A RESOLUTION OF THE LODI CITY COUNCIL APPROVING THE

MEMORANDUM OF UNDERSTANDING WITH THE

INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS
EFFECTIVE JANUARY 1, 2022 THROUGH DECEMBER 31, 2024
========================================================================

WHEREAS, representatives from the City and the International Brotherhood of Electrical Workers, Local 1245 (IBEW) have bargained in good faith and reached a tentative agreement on a successor MOU; and

WHEREAS, it is recommended that Council approve revisions to the Memorandum of Understanding with IBEW to include the following:

• Term: January 1, 2022 to December 31, 2024;
• General wage increase over the term of the contract as follows:
o Five percent (5%) effective January 10, 2022;
o Four percent (4%) effective the first full pay period in January 2023; and o Four percent (4%) effective the first full pay period January 2024. • Additional equity adjustments for specific hard-to-fill positions as follows:
o Two percent (2%) effective January 10, 2022;
o One percent (1%) effective the first full pay period in January 2023; and o One percent (1%) effective the first full pay period in January 2024. • Increase City contribution to medical premiums effective January 1, 2022; • Increase annual maximum dental coverage and include orthodontia coverage effective January 1, 2022;
• Standby schedule to provide 24x7/365 coverage.

NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve the attached Memorandum of Understanding (Exhibit A) between the City of Lodi and IBEW, effective January 1, 2022 through December 31, 2024.

Date: January 5, 2022
======================================================================== I hereby certi fy that Resolution No. 2022-__ was passed and adopted by the Lodi City Council in a regular meeting held January 5, 2022, by the following vote:

AYES: COUNCIL MEMBERS –

NOES: COUNCIL MEMBERS –

ABSENT: COUNCIL MEMBERS –

ABSTAIN: COUNCIL MEMBERS –

JENNIFER CUSMIR
City Clerk

2022-____

MEMORANDUM OF UNDERSTANDING

BETWEEN

CITY OF LODI
AND
LOCAL 1245

INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS

ELECTRIC UTILITY UNIT
January 1, 2022 – December 31, 2024
Exhibit A

Table of Contents

CHAPTER 1. SALARIES AND OTHER COMPENSATION

Article I Compensation for Illness or Injury Incurred in Course of employment ......1 Article II Court Appearances/Jury Duty………………………………. .....................1 Article III Overtime ......................................................................................................2 Article IV Salary ...........................................................................................................4 Article V Standby Duty ................................................................................................6 Article VI Temporary Upgrade .....................................................................................6 Article VII Tools and Uniforms .....................................................................................7 Article VIII Tuition Reimbursement ...............................................................................8

CHAPTER 2. LEAVES

Article IX Catastrophic Leave .......................................................................................9 Article X Bereavement Leave ......................................................................................9 Article XI Holidays .......................................................................................................9 Article XII Leave of Absence .......................................................................................10 Article XIII Sick Leave ..................................................................................................10 Article XIV Vacation .....................................................................................................11

CHAPTER 3. INSURANCE AND RETIREMENT

Article XV Chiropractic Coverage ...............................................................................12 Article XVI Deferred Compensation .............................................................................12 Article XVII Dental and Orthodontia Insurance .............................................................12 Article XVIII Life Insurance .............................................................................................12 Article XIX Long Term Disability .................................................................................13 Article XX Medical Insurance ......................................................................................13 Article XXI Retirement ..................................................................................................14 Article XXII Sick Leave Conversion ..............................................................................15 Article XXIII Vision Insurance ........................................................................................16 Article XXIV Flexible Spending Account ........................................................................16

CHAPTER 4. SAFETY

Article XXIV Safety .........................................................................................................17

CHAPTER 5. WORK HOURS, SCHEDULES, MEALS

Article XXV Hours ..........................................................................................................19 Article XXVI Inclement Weather .....................................................................................21 Article XXVII Meals ..........................................................................................................21 Article XXVIII Trouble Truck ............................................................................................23 Article XXIX Electric Distribution Operator Relief Procedure Single Shift Plan ............24 Article XXX Electric Distribution Operator Procedure ..................................................25

CHAPTER 6. ASSOCIATION/CITY ISSUES

Article XXXI Changes in Memorandum of Understanding .............................................27 Article XXXII City Rights .................................................................................................27 Article XXXIII Demotion and layoff ..................................................................................28 Article XXXIV Drug and Alcohol Policy ............................................................................28 Article XXXXV Employee Representation ..........................................................................28 Article XXXVI Grievance Procedure ..................................................................................31 Article XXXVII Disciplinary Proceedings ...........................................................................34 Article XXXVIII Mutual Consent Clause ..............................................................................36 Article XXXIX No Strikes...................................................................................................37 Article XL Policy Manual ............................................................................................37 Article XLI Probationary Period ....................................................................................37 Article XLII Rest Period .................................................................................................38 Article XLIII Miscellaneous ............................................................................................39 Article XLIV Term ...........................................................................................................40

Attachment A Salary Schedule ..........................................................................................42 Attachment B Standby Pay Guidelines and Sample Schedule ..........................................43

1 City of Lodi
And
International Brotherhood of Electrical Workers Local 1245 January 1, 2022 – December 31, 2024
Chapter 1. Salaries and Other Compensation

ARTICLE I - COMPENSATION FOR ILLNESS OR INJURY INCURRED IN

COURSE OF EMPLOYMENT

1.1 The City and the IBEW Local 1245 mutually agree that when an employee is compelled to be absent from work due to injuries or illness arising out of and in the course of his /her employment, the City will pay full compensation to any represented employee who becomes eligible for benefits under Workers' Compensation laws for the period of time between the injury and the first day of eligibility for benefits. With the determination that the injury or illness is compensable in accordance with Workers' Compensation benefit criteria, the employee upon receiving said benefits paid by Workers' Compensation will also receive compensation from the City in such an amount that when added to the Wo rkers' Compensation payment will equal his/her regular salary. The amount paid by the City will, after the period from the date of injury and date of eligibility, at the employee's discretion be charged to the employee's sick leave, vacation leave, or com pensatory time off account.

ARTICLE II - COURT APPEARANCES/JURY DUTY

2.1 The IBEW Local 1245 concurs with the existing City policy which provides that no deduction shall be made from the salary of an employee while on jury duty.

2.2 If an employee covered by this MOU is required by subpoena to appear in court or to give a deposition as a result of an action taken within the scope of employment with the City, that employee will receive his/her full pay while so doing with no loss of time if he/she is on regular duty. If the employee is not on duty, the City agrees to compensate that employee at two times his/her regular pay for the time spent in any appearance as required by this Article. As a prerequisite for payment to off-duty employees, the Electric Utility Director or his/her designee must be notified in writing of the off-duty appearance within seventy-two hours after the employee is subpoenaed or otherwise notified of the required court appearance.

2.3 Voluntary civil grand jury service such as that service in San Joaquin County is not covered by Jury Duty leave.

CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS – MOU 2022 - 2024

2 2.4 Swing and Graveyard Shift employees called in for jury duty for a second consecutive day will be reassigned to the Day Shift, Monday through Friday for the remainder of the jury duty.

ARTICLE III - OVERTIME

3.1 Overtime work is work performed by an employee at times other than those normally required for his/her employment and includes time worked as follows:

1. in excess of forty hours in a work week;

2. in excess of nine hours in any work day;

3. time worked outside of regular hours of work on a work day;

4. time involved on non-work day; and

5. time worked on a holiday.

Overtime, except as provided for in Article V, Section 5.1 shall be compensated as follows:

All overtime, pre-arranged and emergency, will be paid at the rate of two times the straight time rate of pay. Any time worked on a holiday will be paid at two times the employee’s straight rate of pay.

3.2 The City may change the hours of work as stated in 26.1 after consultation with the employees and the employee organization involved, provided however that no change or alteration of hours or schedules will be made for the sole purpose of avoiding the payment of overtime.

3.5 Any employee refusing to work on a holiday after having received forty-eight hours of such work scheduling, and having fa iled to secure a replacement with management approval, shall not be compensated for that holiday.

3.6 Overtime shall be distributed as equally as possible among those employees in the same classification who voluntarily sign the biweekly overtime call-out list. The City reserves the right for emergency call-out work to first call employees on the list who meet a 30-minute response time requirement. The City retains the right to call any qualified City employee to CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS – MOU 2022 - 2024

3 fill in crews after the overtime list is exhausted. No employee shall be required to trade time for the purpose of avoiding payment of overtime.

3.7 Employees may exchange work days with other employees in the same classification provided:

1. both employees are agreeable to the exchange; and

2. neither employee work more than forty hours during the work week involved; and

3. the exchange receives management authorization.

3.8 When, at the request of the supervisor in charge, an employee reports for prearranged work:

1. On work days outsi de of his/her regular work hours he/she shall be paid overtime compensation for actual work time in connection therewith, provided however, that if any such employee continues to work into or beyond his/her regular work hours he/she shall be paid overtime compensation only for actual work time up to his /her regular work hours.

3.9 Subject to the following limitations, any employee eligible for overtime pay may choose to accept compensatory time off (CTO) in lieu of cash compensation for earned overtime.

CTO will be granted at the applicable overtime rate for each hour of overtime earned.

3.12 An employee's request to use accumulated CTO shall be granted at the sole discretion of the department supervisor with due consideration to both the wishes of the employee and the efficient conduct of City business. Two working days’ notice is required. However, if the supervisor feels the workload is such that shorter notice is acceptable, he/she may grant CTO accordingly.

CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS – MOU 2022 - 2024

4 ARTICLE IV - SALARY

4.1 Effective January 10, 2022, employees in the bargaining unit will receive a 5% a general wage adjustment. Effective with the first full pay period in calendar year 2023, employees will receive a 4% general wage adjustment. Effective with the first full pay period in calendar year 2024, employees will receive a 4% general wage adjustment.

4.3 Lodi has entered into a separate agreement with the California – Nevada Joint Apprenticeship Training Committee (“JATC”) to provide training for Electric Line Apprentices.

The Electric Line Apprentice program is intended to be a progr am of seven steps. An Electric Line Apprentice I or II will be eligible for consideration for a merit increase upon completion of 13 pay periods in a step, provided available workload provides appropriate experience and provided further that the Electric Line Apprentice I or II is making normal progress in training and testing. The Electric Line Apprentice I or II will advance from step to step, when the Electric Utility Director or his /her designee determines that the Electric Line Apprentice I or II has a chieved the qualifications necessary for such advancement and approvals are received pursuant to Lodi policies and procedures.

An Electric Line Apprentice I or II will be paid when working or training on -the-job in the field.

An Electric Line Apprentice I or II will be entitled to straight time pay for up to 40 hours per week and for reasonable expenses in accordance with Lodi policies and procedures, subject to approval, while training one week per year at JATC’s facility. An Electric Line Apprentice I o r II will not be entitled to pay or expenses for weekend training at JATC facilities.

Apprenticeship classroom training by Lodi personnel or at Lodi facilities will be on paid time if during normal work -hours or unpaid if outside normal work -hours. Study will normally be outside of work hours, and without pay, but the Electric Utility Director or CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS – MOU 2022 - 2024

5 his/her designee may permit limited apprenticeship study during paid work -hours, workload permitting, typically during inclement weather.

Electric Line Apprentices I or II are on probation at all times while they are classified as Electric Line Apprentices I or II.

4.4 Effective the beginning of the pay period which includes January 1, 2015, the Rubber Glove premium was incorporated into base pay and there shall be no additional premium pay for Rubber Glove. The Rubber Glove premium shall become a job requirement of applicants and incumbents currently receiving the premium, and as such, it will be incorporated into salary. Job descriptions have been updated to reflect this additional job requirement.

4.5 Those employees required to have a Class “A” commercial driver’s license as part of their employment will receive $600.00 per year, paid bi-weekly.

a. Effective January 1, 2022 , the following job classification s require a Class “A” commercial driver’s license:

Groundworker Utility Equipment Specialist
Electric Line Apprentice Electric Lineman
Electric Foreman Construction/Maintenance Supervisor

Incumbents in classifications that do not require a Class “A” commercial driver’s license , who have agree d to voluntarily maintain their Class “A” commercial driver’s license in accordance with City policy , will receive $600.00 per year for possession of a valid Class “A” commercial driver’s license, paid bi-weekly.

b. Employees represented by the IBEW Local 1245 and hired after August 1, 2008, in classifications that require a Class “A” commercial driver’s license will be required to obtain a valid Class “A” commercial driver’s license within one (1) year of their hire date (or as defined in their job description). Following the issuance of a Class “A” license employees will receive $600.00 per year (paid bi-weekly effective the first pay period after the date of issuance of license) for maintaining a Class “A” license in accordance with City policy.

c. Loss of a valid Class “A” commercial driver’s license will result in loss of the stipend (pro-rated) until such time as the license is reinstated.

4.6 Employees designated by the Department Head and approved by th e City Manager who have passed a bilingual proficiency examination administered by the City shall receive a monthly bilingual supplement of $150.00. The City Manager has the discretion in determining the languages that will be recognized.

CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS – MOU 2022 - 2024

6 ARTICLE V - STANDBY DUTY

5.1 Employees assigned to standby duty for emergency calls shall receive straight time pay for each standby period as follows:

Other Electric Distribution
Employees Operators
On work days 3 hours 3 hours
On non-work days 4 hours 3 hours
On observed holidays 8 hours 6 hours
December 24 (When Observed) 5 hours 4 hours

For call-outs related to paid standby duty, the employee will be compensated at the rate of two times the straight rate of pay, with a two-hour minimum for the first call, in addition to the appropriate standby pay (no offset). This applies to all types of standby assignments.

For purposes of this provision, a crew shall be defined as three or more employees engaged in a common task.

5.2 Employees assigned to standby duty (example: the Trouble Truck) on an observed holiday shall receive eight hours straight time pay for that day in addition to the regular holiday pay.

Time worked on an emergency call shall be paid at the rate of two times the straight time rate of pay with a minimum of two hours (there will be no offset on standby pay), subsequent calls will be paid for actual time worked.

5.3 Employees assigned standby will rotate as signments as outlined in Attachment B.

Response time for Troubleshooters , Troubleshooting Supervisor, Electric Distribution Operator I/II, or Electric Distribution Supervisor shall be 30 minutes. All other employees on standby must respond within 60 minutes.

ARTICLE VI - TEMPORARY UPGRADE

This provision shall only apply when such time worked is more than four hours cumulative during an eight-hour period.

CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS – MOU 2022 - 2024

7 6.2 When, in accordance with Section 6.1 above, the City requests members of a line crew to temporarily replace their foreman/forewoman and all members of the crew refuse to accept the assignment, the City reserves the right to send these crew members home without pay, if in the City's judgment, their safety or the satisfactory completion of their work depends upon supervision by a qualified individual ass uming foreman/forewoman responsibilities.

Normal crew work would resume when the City deems that adequate supervision is available.

6.3 All Electric Distribution Operator II’s shall fill the Electric Distribution Operator Relief position in a sequentially rotating manner to coincide with the regularly scheduled Monday through Thursday Electric Distribution Operator.

ARTICLE VII - TOOLS AND UNIFORMS

7.1 The City and the IBEW Local 1245 mutually agree that the City will supply necessary tools and equipment for employees in accordance with the following procedure.

Consistent with the needs of the employee as related to his/her job classification, and to aid the employee in the performance of his/her work in a safe and efficient manner, the City will provide the following list of basic hand tools, work gloves and equipment:

7.2 In addition, effective with the first quarterly payment following City Council approval of the MOU, the City will provide a boot allowance of $500.00 per calendar year to all Electric Lineman/Linewoman, Electric Foreman/Forewoman, Construction/Maintenance Supervisor, Electric Troubleshooter and Troubleshooting Supervisor. In addition, the City shall provide a boot allowance of $200.00 per calendar year for all other classifications. The boot allowance will be paid quarterly as part of a regular pay check.

7.3 The tools described in Section 7.1 will be furnished in accordance with the following controls:

CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS – MOU 2022 - 2024

8 7.4 The City shall provide uniforms for all field employees that conform to regulatory standards. Newly hired employees in the following classifications will be provided with nine (9) pairs of pants; twelve (12) shirts; two (2) sweatshirts/vests; and, one (1) jacket:

Construction & Maintenance Supervisor
Electric Lineman Apprentice I/II
Electric Lineman/Linewoman
Electric Foreman
Electric Troubleshooter
Troubleshooting Supervisor Substation/Metering Supervisor Substation Technician
Electrician
Metering Technician
Utility Equipment Specialist
Electric Materials Technician
Utility Warehouse Supervisor

7.6 All new clothing purchased after March 11, 2020 will have the 3 inch “City of Lodi Electric Utility” logo(s) added on left or right chest area and “IBEW Local 1245” in ¾” block letter on upper sleeve for union me mbers in the appropriate thread to conform to regulatory standards.

7.7 All on -line purchase s must be approved by the Electric Utility Superintendent or Department Head prior to ordering.

7.8 The Approved City of Lodi Electric Utility logo must be visible and clearly identifiable at all times throughout the course of the normal work day (avoid busy print clothing). All sweatshirts, jackets, and traffic vests must have logos.

ARTICLE VIII - TUITION REIMBURSEMENT

8.1 Tuition reimbursement will b e provided in accordance with the City’s current Tuition Reimbursement Policy.

8.2 The City will pay all cost of license fees, physicals and training required for licenses and permits.

CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS – MOU 2022 - 2024

9 Chapter 2. Leaves

ARTICLE IX - CATASTROPHIC LEAVE

9.1 Catastrophic leave will be provided in accordance with the Ci ty’s current Catastrophic Leave Policy.

ARTICLE X - BEREAVEMENT LEAVE

The immediate family shall be limited to an employee's:

or a more distant relative who was a member of the employee's immediate household at the time of death.

10.2 Regular employees will be permitted to use sick leave, vacation leave, or compensatory time off to attend the funeral of a person the employee may be reasonably dee med to owe respect, but not to exceed one day.

ARTICLE XI - HOLIDAYS

11.1 Members of this unit will observe the following holidays:

New Year's Day January 1
Martin Luther King Day 3rd Monday in January
Memorial Day on observed holiday/Last Monday in May
Independence Day July 4
Labor Day 1st Monday in September
*Thanksgiving Day 4th Thursday in November
*Day After Thanksgiving Friday after the 4th Thursday in Nov. *Christmas December 25
CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS – MOU 2022 - 2024

10 *Operations Division employees have until March 31 st of the following calendar year in which to use the last three fixed holidays (Thanksgiving Day, Day After Thanksgiving, and Christmas).

If a holiday falls on Saturday, the preceding Friday shall be observed, and if a holiday falls on Sunday, the succeeding Monday shall be observed. In addition, if Christmas falls on Wednesday, Thursday, or Friday, members shall have an additional one -half day off on December 24th. Should Christmas Day fall on Tuesday, December 24th shall be observed as a holiday.

For th ose members in the Operations Division ( Electric Distribution Operator I/II and Electric Distribution Operator Supervisor), overtime is paid for time worked on the above listed holidays.

In addition, to the fixed holidays listed above, each employee will be granted five days of floating holiday leave (40 hours for employees working 5/8 schedule, 45 hours for employees working a 9/80 schedule, and 50 hours for employees working a 4/10 schedule) to be taken off at a time mutually agreed upon between the emp loyee and the Department Head. Floating holiday leave shall be taken during the calendar year . Unused floating holiday will be forfeited at the end of each calendar year.

11.2 Employees hired mid -year shall be credited with the remaining fixed holiday s in the calendar year, plus one additional holiday for each seventy-five days remaining in the year.

ARTICLE XII - LEAVE OF ABSENCE

12.1 Leaves of Absence will be provided in accordance with the City’s current Leave of Absence Policy.

ARTICLE XIII - SICK LEAVE

13.1 Full-time employees will accumulate sick leave with pay at the rate of 3.70 hours per pay period.

13.2 Sick leave may be accumulated up to an unlimited amount.

CITY OF LODI AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS – MOU 2022 - 2024

11 ARTICLE XIV - VACATION