Lodi City Council
January 5, 2022

Revised 10/2021 12/28/2021 12:56 PM

For information regarding this Agenda please contact:

Jennifer Cusmir
City Clerk
Telephone: (209) 333-6702

C-1 Call to Order / Roll Call
C-2 Announcement of Closed Session
a) Conference with Adele Post, Human Resources Manager, and Andrew Keys, Deputy City Manager (Labor Negotiators), Regarding Lodi City Mid-Management Association, AFSCME General Services and Maintenance & Operators, Police Mid-Managers, Lodi Police Officers Association, Lodi Police Dispatchers Association, Lodi Professional Firefighters, Lodi Fire Mid-Management, International Brotherhood of Electrical Workers, Confidential General Services, Confidential Mid-Managers, Executive Managers, and Appointed Employees Pursuant to Government Code §54957.6 (CM)

b) Review of Council Appointees (Government Code 54957) (HR)

C-3 Adjourn to Closed Session

NOTE: THE FOLLOWING ITEMS WILL COMMENCE NO SOONER THAN 7:00 P.M.

C-4 Return to Open Session / Disclosure of Action
A. Call to Order / Roll Call
B. Presentations - None

LODI CITY COUNCIL
Carnegie Forum*
305 West Pine Street, Lodi

Notice Regarding Public Comments
Public Comment may be submitted in the following ways:
• In-person – The Carnegie Forum is open to the public in accordance with CDPH and CalOSHA guidelines.
• Zoom Webinar
 Meeting ID: 812 8765 8564
 Passcode: 508789
 Phone number: 1 253 215 8782 or 1 346 248 7799
 Link: https://us06web.zoom.us/j/81287658564?pwd=VEJ4dm9mcFNYbTJXKzk1YUZXSVRmQT09 Public comment received via email, mail, or hand delivery will be provided to the City Council and included in the official minutes of the meeting, but will not be read aloud at the meeting. • Email – [email protected]
 Received no later than two hours prior to the meeting • Mail – City Clerk’s Office, P.O. Box 3006, Lodi, CA 95241 • Hand delivered to: City Clerk’s Office, 221 W. Pine Street, Lodi, CA 95240  Received no later than two hours prior to the meeting 6:55 p.m. Invocation/Call to Civic Responsibility . Invocations/Calls may be offered by any of the various religious and non- religious organizations within and around the City of Lodi. These are voluntary offerings of private citizens, to and for the benefit of the Council. The views or beliefs expressed by the Speaker have not been previously reviewed or approved by the Council, and the Council does not endorse the beliefs or views of any speaker.

AGENDA – Regular Meeting
Date: January 5, 2022
Time: Closed Session 6:30 p.m.

Regular Meeting 7:00 p.m.
*and via video conference:

SAHARA Hotel Las Vegas
2535 S Las Vegas Blvd
Las Vegas, NV 89109
Business Center

CITY COUNCIL AGENDA
JANUARY 5, 2022

PAGE TWO

C. Consent Calendar (Reading; Comments by the Public; Council Action) All matters listed on the consent calendar are considered to be routine and will be acted upon by one motion.

There will be no separate discussion of these items. If a member of the public would like a consent calendar item pulled and discussed separately, refer to the Notice at the beginning of this agenda.

C-1 Receive Register of Claims for November 12, 2021 through December 16, 2021 in the Total Amount of $13,121,526.71 (FIN)

C-2 Approve Minutes (CLK)
a) November 3, November 17, December 1, and December 15, 2021 (Regular Meetings) b) November 30, December 7, December 14, December 21, and December 28, 2021 (Shirtsleeve Sessions)

Res. C-3 Adopt Resolution Authorizing Inclusion of Henning Getaway Project into FY 2021/22 Capital Improvement Program and Appropriating Funds ($450,000) (EU)

C-4 Accept Improvements Under Contract for Old City Hall Tower Demolition Project (PW)

C-5 Accept Improvements Under Contract for Well 6R Granular Activated Carbon Replacement (PW)

C-6 Accept Improvements Under Contract for Well 28 Granular Activated Carbon Filter System (PW)

Res. C-7 Adopt Resolution Accepting Gateway North Subdivision, Unit No. 2 (Tract No. 3976) Public Improvements and Authorizing City Manager to Execute Landscape Maintenance Agreement (PW)

Res. C-8 Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement with Quest Media and Supplies, Inc., for Information Technology Business Continuity and Disaster Recovery Planning (Not to Exceed $95,000) and Appropriating Funds ($64,455.94) (IT)

Res. C-9 Adopt Resolution Authorizing City Manager to Execute Amendment to Professional Services Agreement with Garland/DBS, Inc., of Cleveland, Ohio, for Hutchins Street Square Roof Repair Project Phase 4 and Transfer Funds ($16,239) (PW)

Res. C-10 Adopt Resolution Rescinding Resolution No. 2021-258 and Authorizing City Manager to Execute Professional Services Agreement with Clean Energy, of Newport Beach, for Monthly and Preventative Maintenance and Repairs of Compressed Natural Gas Fueling Station ($175,000) (PW)

Res. C-11 Adopt Resolution Authorizing City Manager to Execute Agreement with San Joaquin County Council of Governments for Funding Allocation for Garfield Street Safe Route to School Project (PW)

Res. C-12 Adopt Resolution Authorizing Library Director to Accept Zip Books Grant Funding ($5,000) from California State Library and Appropriating Funds ($5,000) (LIB)

C-13 Notice of Plan for Mobile Library Grant Proposal for Fiscal Year 2023-2024 Approved by Library Board of Trustees (Information Only) (LIB)

C-14 Notice of Modification of Library Public Hours Approved by Library Board of Trustees (Information Only) (LIB)

Res. C-15 Adopt Resolution Approving Impact Mitigation Fee Program Annual Report for Fiscal Year 2020/21 (FIN)

C-16 Post for Expiring Terms on Lodi Improvement Committee and Vacancy for Greater Lodi Area Youth Commission Adult Advisor (CLK)

C-17 Authorize City Clerk to Grant Request for Leave to Present Late Claim, by Yousef Haddad, Pursuant to Government Code Section 911.6(a) (CLK)

CITY COUNCIL AGENDA
JANUARY 5, 2022

PAGE THREE

C-18 Authorize City Clerk to Grant Request for Leave to Present Late Claim, by Joanne DelSolar, Pursuant to Government Code Section 911.6(a) (CLK)

Res. C-19 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 (PW)

D. Comments by the Public on Non-Agenda Items

THE TIME ALLOWED PER NON -AGENDA ITEM FOR COMMENTS MADE BY THE PUBLIC IS LIMITED TO FIVE MINUTES.

Public comment may only be made on matters within the Lodi City Council's jurisdiction (Government Code Section 54954.3, Lodi City Council Protocol Manual Section 6.3l) . The Council cannot take action or deliberate on items that are not on this agenda unless there is an emergency and the need t o take action on that emergency arose after this agenda was posted (Government Code Section 54954.2(b)(2)). All other items may only be referred for review to staff or placement on a future Council agenda.

If you wish to address the Council, please refer to the Notice at the beginning of this agenda. Individuals are limited to one appearance during this section of the Agenda.

E. Comments by the City Council Members on Non-Agenda Items

F. Comments by the City Manager on Non-Agenda Items

G. Public Hearings

Ord. G-1 Public Hearing to Consider Recommendation of Planning Commission to Introduce and Waive First (Introduce) Reading of 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” (CD)

Res. G-2 Public Hearing to Consider Adopting Resolution Setting San Joaquin County Multi -Species Habitat Conservation and Open Space Plan Development Fees for 2022 (CD)

Ord. G-3 Public Hearing to Introduce Ordinance Amending Lodi Municipal Code Title 13 – Public Services – by (Introduce) Repealing and Re-Enacting Section 13.12.150, “Connections Outside City,” in Its Entirety (PW)

H. Regular Calendar

H-1 Receive Presentation on 2022 Point in Time Count (CD)

H-2 Assign and Confirm Annual Appointment of City Council Members on Various Boards, Committees, and Commissions (CLK)

Res. H-3 Adopt Resolution Approving Title Change, Amendments to Job Description, and Salary Adjustments for Position of Building Official (HR)

Res. H-4 Adopt Resolution Approving Memorandum of Understanding between City of Lodi and International Brotherhood of Electrical Workers for Period January 1, 2022 through December 31, 2024 (HR)

I. Ordinances – None

CITY COUNCIL AGENDA
JANUARY 5, 2022

PAGE FOUR

J. Reorganization of the Following Agency Meetings:

Res. J-1 Lodi Public Improvement Corporation

Res. J-2 Industrial Development Authority

Res. J-3 Lodi Financing Corporation

Res. J-4 Lodi Public Financing Authority

K. Adjournment

Pursuant to Section 54954.2(a) of the Government Code of the State of California, this agenda was posted at least 72 hours in advance of the scheduled meeting at a public place freely accessible to the public 24 hours a day.

______________________________
Jennifer Cusmir
City Clerk

All staff reports or other written documentation relating to each item of business referred to on the agenda are on file in the Office of the City Clerk, located at 221 W. Pine Street, Lodi, and are available for public inspection. Agendas and staff reports are also posted on the City’s website at www.lodi.gov. If requested, the agenda shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. To make a request for disability-related modification or accommodation contact the City Clerk’s Office as soon as possible and at leas t 72 hours prior to the meeting date. Language interpreter requests must be received at least 72 hours in advance of the meeting to help ensure availability. Contact Jennifer Cusmir at (209) 333-6702. Solicitudes de interpretación de idiomas deben ser reci bidas por lo menos con 72 horas de anticipación a la reunión para ayudar a asegurar la disponibilidad. Llame a Jennifer Cusmir (209) 333-6702.

Meetings of the Lodi City Council are telecast on SJTV, Channel 26. The City of Lodi provides live and archived webcasts of regular City Council meetings. The webcasts can be found on the City's website at www.lodi.gov by clicking the meeting webcasts link.

Members of the public may view and listen to the open session of this teleconference meeting at www.facebook.com/CityofLodi/ or https://us06web.zoom.us/j/81287658564?pwd=VEJ4dm9mcFNYbTJXKzk1YUZXSVRmQT09.

AGENDA ITEM C-01

APPROVED: __________________________________
Stephen Schwabauer, City Manager

CITY OF LODI

COUNCIL COMMUNICATION

TM

AGENDA TITLE: Receive Register of Claims for November 12, 2021 through December 16, 2021 in the Total Amount of $13,121,526.71

MEETING DATE: January 5, 2022

PREPARED BY: Internal Services Director

RECOMMENDED ACTION: Receive the attached Register of Claims for $13,121,526.71.

BACKGROUND INFORMATION: Attached is the Register of Claims in the amount of $13,121,526.71 for November 12, 2021 through December 16, 2021. Also attached is Payroll in the amount of $1,710,601.33 through November 14, 2021, $1,660,184.57 through November 28, 2021, and $2,002,244.12 through December 12, 2021. This report covers five weeks of claims and three pay periods.

FISCAL IMPACT: Not applicable.

FUNDING AVAILABLE: As per attached report.

_______________________________
Andrew Keys
Internal Services Director

City of Lodi Live v2020.3 12/20/2021 7:23:01 AM
Fund Fund Title Amount
100 General Fund $4,044,332.42
103 Measure L $43,772.65
120 Library Fund $33,126.13
140 Expendable Trust $161,704.49
200 Parks Rec & Cultural Services $63,529.38
205 State Grants $8,974.91
206 Misc Grants $41.61
213 LPD-Public Safety Prog AB 1913 $21,635.01
270 Comm Dev Special Rev Fund $56,198.03
300 Street Fund $96,359.12
301 Gas Tax-2105 2106 2107 $96,583.81
302 Gas Tax -2103 $117,898.00
303 Measure K Funds $250.00
305 TDA - Streets $2,746.33
307 Federal - Streets $354,581.08
350 H U D $183,232.56
355 GRANTS COMM. IMPR $600.59
431 Capital Outlay/General Fund $6,698.38
432 Parks & Rec Capital $245,178.92
434 Arts in Public Places-IMF $150.00
500 Electric Utility Fund $4,019,876.09
501 Utility Outlay Reserve Fund $413,371.36
504 Public Benefits Fund $33,466.81
508 Environmental Compliance $211,072.00
530 Waste Water Utility Fund $94,795.35
531 Waste Wtr Util-Capital Outlay $233,415.64
560 Water Utility Fund $988,432.85
561 Water Utility-Capital Outlay $97,028.91
565 PCE/TCE Rate Abatement Fund $3,056.00
590 Central Plume $133,698.76
591 Southern Plume $3,341.08
593 Northern Plume $1,589.07
594 South Central Western Plume $3,923.24
600 Dial-a-Ride/Transportation $429,489.01
642 IT replacement $26,083.75
643 Vehicle replacement PD $33,122.60
650 Internal Service/Equip Maint $82,021.16
655 Employee Benefits $694,105.70
660 General Liabilities $51,410.07
AP Council Report Summary
11/12/2021-12/16/2021
City of Lodi Live v2020.3 12/20/2021 7:23:01 AM
665 Worker's Comp Insurance $27,979.98
801 L&L Dist Z1-Almond Estates $2,653.86
Total $13,121,526.71
City of Lodi Live v2020.3 12/20/2021 7:26:51 AM
Fund Description Amount
$846,561.47
$161,087.66
$19,278.98
$110,795.10
$507.67
$39,063.38
$37,584.94
$220,970.41
$49,085.72
$167,170.90
$23,346.29
$12,759.42
$22,389.39
Report Total $1,710,601.33
600 Dial-a-Ride/Transportation
650 Internal Service/Equip Maint
501 Utility Outlay Reserve Fund
530 Waste Water Utility Fund
560 Water Utility Fund
270 Comm Dev Special Rev Fund
301 Gas Tax-2105 2106 2107
500 Electric Utility Fund
120 Library Fund
200 Parks Rec & Cultural Services
219 LPD-ABC Grant
Council Report: Payroll
Pay Period: 11/14/2021
100 General Fund
103 Measure L
City of Lodi Live v2020.3 12/20/2021 7:28:52 AM
Fund Description Amount
$861,227.60
$146,985.10
$17,745.24
$104,219.09
$959.59
$39,063.37
$36,501.80
$234,287.44
$8,437.56
$150,108.48
$25,648.37
$12,759.43
$22,241.50
Report Total $1,660,184.57
600 Dial-a-Ride/Transportation
650 Internal Service/Equip Maint
501 Utility Outlay Reserve Fund
530 Waste Water Utility Fund
560 Water Utility Fund
270 Comm Dev Special Rev Fund
301 Gas Tax-2105 2106 2107
500 Electric Utility Fund
120 Library Fund
200 Parks Rec & Cultural Services
219 LPD-ABC Grant
Council Report: Payroll
Pay Period: 11/28/2021
100 General Fund
103 Measure L
City of Lodi Live v2020.3 12/20/2021 7:32:02 AM
Fund Description Amount
$1,087,146.59
$193,986.73
$18,386.41
$115,359.98
$6,398.05
$39,063.36
$39,012.49
$245,166.17
$35,700.21
$155,254.07
$22,090.99
$16,269.39
$22,133.30
$6,276.38
Report Total $2,002,244.12
600 Dial-a-Ride/Transportation
650 Internal Service/Equip Maint
655 Employee Benefits
501 Utility Outlay Reserve Fund
530 Waste Water Utility Fund
560 Water Utility Fund
270 Comm Dev Special Rev Fund
301 Gas Tax-2105 2106 2107
500 Electric Utility Fund
120 Library Fund
200 Parks Rec & Cultural Services
214 LPD-OTS Grants
Council Report: Payroll
Pay Period: 12/12/2021
100 General Fund
103 Measure L
AGENDA ITEM C-02

APPROVED: _________________________________________
Stephen Schwabauer, City Manager
\\cvcfilv01\administration$\Shared\cityclerk\Agenda\2022\010522\CLK - Minutes\Minutes.doc

CITY OF LODI

COUNCIL COMMUNICATION

TM

AGENDA TITLE: Approve Minutes
a) November 3, 2021 (Regular Meeting)
b) November 17, 2021 (Regular Meeting
c) November 30, 2021 (Shirtsleeve Session)
d) December 1, 2021 (Regular Meeting)
e) December 7, 2021 (Shirtsleeve Session)
f) December 14, 2021 (Shirtsleeve Session)
g) December 15, 2021 (Regular Meeting)
h) December 21, 2021 (Shirtsleeve Session)
i) December 28, 2021 (Shirtsleeve Session)

MEETING DATE: January 5, 2022

PREPARED BY: City Clerk

RECOMMENDED ACTION: Approve the following minutes as prepared:
a) November 3, 2021 (Regular Meeting)
b) November 17, 2021 (Regular Meeting
c) November 30, 2021 (Shirtsleeve Session)
d) December 1, 2021 (Regular Meeting)
e) December 7, 2021 (Shirtsleeve Session)
f) December 14, 2021 (Shirtsleeve Session)
g) December 15, 2021 (Regular Meeting)
h) December 21, 2021 (Shirtsleeve Session)
i) December 28, 2021 (Shirtsleeve Session)

BACKGROUND INFORMATION: Attached are copies of the subject minutes marked Exhibit A through I respectively.

FISCAL IMPACT: Not applicable.

FUNDING AVAILABLE: Not applicable.

_______________________________
Jennifer Cusmir
City Clerk

Attachments

LODI CITY COUNCIL

REGULAR CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, NOVEMBER 3, 2021
The City Council Closed Session meeting of November 3, 2021, was called to order by Mayor Nakanishi at 6:20 p.m.

Present: Council Member Hothi, Council Member Khan, Council Member Kuehne, Mayor Pro Tempore Chandler, and Mayor Nakanishi

Absent: None
Also Present: City Manager Schwabauer, City Attorney Magdich, and City Clerk Cusmir At 6:20 p.m., Mayor Nakanishi adjourned the meeting to a Closed Session to discuss the above matters. The Closed Session adjourned at 6:52 p.m.

At 7:00 p.m., Mayor Nakanishi reconvened the City Council meeting, and City Attorney Magdich disclosed the following actions.

In regard to Item C-2a), conference with Adele Post, Human Resources Manager, and Andrew Keys, Deputy City Manager (Labor Negotiators), regarding Lodi City Mid-Management Association, AFSCME General Services and Maintenance & Operators, Police Mid-Managers, Lodi Police Officers Association, Lodi Police Dispatchers Association, Lodi Professional Firefighters, Lodi Fire Mid-Management, International Brotherhood of Electrical Workers, Confidential General Services, Confidential Mid-Managers, Executive Managers, and Appointed Employees Pursuant to Government Code §54957.6. Council provided staff with direction and no further action was taken on this item.

The Regular City Council meeting of November 3, 2021, was called to order by Mayor Nakanishi at 7:00 p.m.

Present: Council Member Hothi, Council Member Khan, Council Member Kuehne, Mayor Pro Tempore Chandler, and Mayor Nakanishi

Absent: None
Also Present: City Manager Schwabauer, City Attorney Magdich, and City Clerk Cusmir C-1 Call to Order / Roll Call
C-2 Announcement of Closed Session
a) Conference with Adele Post, Human Resources Manager, and Andrew Keys, Depu ty City Manager (Labor Negotiators), Regarding Lodi City Mid-Management Association, AFSCME General Services and Maintenance & Operators, Police Mid-Managers, Lodi Police Officers Association, Lodi Police Dispatchers Association, Lodi Professional Firefighters, Lodi Fire Mid-Management, International Brotherhood of Electrical Workers, Confidential General Services, Confidential Mid-Managers, Executive Managers, and Appointed Employees Pursuant to Government Code §54957.6 (CM) C-3 Adjourn to Closed Session
C-4 Return to Open Session / Disclosure of Actio n
A. Call to Order / Roll Call
1 Exhibit A
Mayor Pro Tempore Chandler left the meeting at approximately 8:10 p.m.

Mayor Nakanishi presented a proclamation to Post #22 Commander, Jene Van Zant, Ann Scholl, and the Post #22 Legionnaires, proclaiming November 2021 as Veterans and Military Families Appreciation Month in the City of Lodi.

Mayor Pro Tempore Chandler made a motion, second by Council Member Kuehne, to approve the following items hereinafter set forth, except those otherwise noted, in accordance with the report and recommendation of the City Manager.

VOTE:

The above motion carried by the following vote:

Ayes: Council Member Hothi, Council Member Khan, Council Member Kuehne, Mayor Pro Tempore Chandler, and Mayor Nakanishi
Noes: None

Absent: None

ROLL CALL VOTE
The City Council held a ROLL CALL vote (all voiced their votes).

Claims were approved in the amount of $3,857,220.04.

The minutes of September 15, 2021 (Regular Meeting), October 12, 2021 (Shirtsleeve Session), and October 19, 2021 (Shirtsleeve Session) were approved as written.

Received the Fourth Quarter Fiscal Year 2020/21 Water, Wastewater and Electric Utility Department financial reports.

Adopted Resolution No. 2021-286 approving the final Budget adjustments for Fiscal Year 2021 and appropriating funds in the amount of $142,075.19.

B. Presentations
B-1 Veterans and Military Families Appreciation Month Proclamation (CLK) C. Consent Calendar (Reading; Comments by the Public; Council Action) All matters listed on the consent calendar are considered to be routine and will be acted upon by one motion.

There will be no separate discussion of these items. If a member of the public would like a consent calendar item pulled and discussed separately, refer to the Notice at the beginning of this agenda.

C-1 Receive Register of Claims for October 1, 2021 through October 14, 2021 in the Total Amount of $3,857,220.04 (FIN)
C-2 Approve Minutes (CLK)
C-3 Fourth Quarter Fiscal Year 2020/21 Water, Wastewater and Electric Utility Department Financial Reports (FIN)
C-4 Adopt Resolution Approving Final Budget Adjustments for Fiscal Year 2021 and Appropriating funds ($142,075.19) (FIN)
2 Accepted the improvements under the contract for the 2021 Pavement Fog Seal.

Accepted the improvements under the contract for the Lodi Avenue and Mills Avenue Resurfacing Project.

Adopted Resolution No. 2021-287 accepting the Public Improvements of Talavera Subdivision, Tract No. 4025.

Adopted Resolution No. 2021-288 authorizing the City Manager to execute a Professional Services Agreement with Robertson-Bryan, Inc., of Elk Grove, for aeration diffuser system replacements at White Slough Water Pollution Control Facility, in the amount of $148,124.

This item was pulled at the request of staff.

Adopted Resolution No. 2021-290 authorizing the City Manager to execute Amendment No. 1 to the Professional Services Agreement with Univar USA, Inc., of Kent, Washington, for NSF/ANSI 61 grade salt supply at Surface Water Treatment Facility, in the amount of $24,000.

Adopted Resolution No. 2021-291 authorizing the City Manager to execute Amendment No. 1 to the Professional Services Agreement with Global Labs, Inc., of El Dorado Hills, for laboratory services, in the amount of $100,000.

Adopted Resolution No. 2021-292 authorizing the City Manager to execute Amendment No. 1 to the Professional Services Agreement with Securitas Electronic Security, Inc., of Uniontown, Ohio, for Citywide fire alarm system diagnostic and repair services, in the amount of $77,583.

C-5
Accept Improvements Under Contract for 2021 Pavement Fog Seal (PW) C-6 Accept Improvements Under Contract for Lodi Avenue and Mills Avenue Resurfacing Project (PW)
C-7 Adopt Resolution Accepting Public Improvements of Talavera Subdivision, Tract No. 4025 (PW)
C-8 Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement with Robertson-Bryan, Inc., of Elk Grove, for Aeration Diffuser System Replacements at White Slough Water Pollution Control Facility ($148,124) (PW) C-9 Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement with Nutrien Ag Solutions, Inc., of Loveland, Colorado, for Land Application Area Monitoring Agronomist Support ($59,760) (PW)
C-10 Adopt Resolution Authorizing City Manager to Execute Amendment No. 1 to Professional Services Agreement with Univar USA, Inc., of Kent, Washington, for NSF/ANSI 61 Grade Salt Supply at Surface Water Treatment Facility ($24,000) (PW) C-11 Adopt Resolution Authorizing City Manager to Execute Amendment No. 1 to Professional Services Agreement with Global Labs, Inc., of El Dorado Hills, for Laboratory Services ($100,000) (PW)
C-12 Adopt Resolution Authorizing City Manager to Execute Amendment No. 1 to Professional Services Agreement with Securitas Electronic Security, Inc., of Uniontown, Ohio, for Citywide Fire Alarm System Diagnostic and Repair ($77,583) (PW) 3 Adopted Resolution No. 2021-293 authorizing the City Manager to extend the Professional Services Agreement #6668 with Pre-Sort Center of Stockton, Inc., for print, fold, insert, postage and mail services and increase pricing for paper stock, in the amount of $225,000.

Adopted Resolution No. 2021-294 authorizing the City Manager to execute a Reimbursement Agreement with Encore Capital Group, Inc., for annexation entitlement processing and review of various master plans for Vineyard Valley Project at 1890 East Harney Lane.

Adopted Resolution No. 2021-295 authorizing the City Manager to execute a Supplemental Funding Agreement with Encore Housing Opportunity Fund III, LLC, a Delaware Limited Partnership, qualified to do business in California, to pay its proportional benefit of costs related to Sphere of Influence, Municipal Services review updates, and associated environmental review, in the amount of $23,900.

Adopted Resolution No. 2021-296 authorizing the City Manager to execute a Supplemental Funding Agreement with Miner Joaquin Building Corporation, a California Corporation, to pay its proportional benefit of costs related to Sphere of Influence, Municipal Services review updates, and associated environmental review, in the amount of $17,300.

Adopted Resolution No. 2021-297 authorizing the City Manager to execute a Supplemental Funding Agreement with Maverik Stores, Inc., a Utah Corporation qualified to do business in California, to pay its proportional benefit of costs related to Sphere of Influence, Municipal Services review updates, and associated environmental review, in the amount of $12,000.

C-13 Adopt Resolution Authorizing City Manager to Extend Professional Services Agreement #6668 with Pre-Sort Center of Stockton, Inc., for Print, Fold, Insert, Postage and Mail Services and Increase Pricing for Paper Stock ($225,000) (FIN) C-14 Adopt Resolution Authorizing City Manager to Execute Reimbursement Agreement with Encore Capital Group, Inc., for Annexation Entitlement Processing and Review of Various Master Plans for Vineyard Valley Project at 1890 East Harney Lane (PW) C-15 Adopt Resolution Authorizing City Manager to Execute Supplemental Funding Agreement with Encore Housing Opportunity Fund III, LLC, a Delaware Limited Partnership, Qualified to do Business in California, to Pay Its Proportional Benefit of Costs Related to Sphere of Influence, Municipal Services Review Updates, and Associated Environmental Review ($23,900) (CD)
C-16 Adopt Resolution Authorizing City Manager to Execute Supplemental Funding Agreement with Miner Joaquin Building Corporation, a California Corporation, to Pay Its Proportional Benefit of Costs Related to Sphere of Influence, Municipal Services Review Updates, and Associated Environmental Review ($17,300) (CD)
C-17 Adopt Resolution Authorizing City Manager to Execute Supplemental Funding Agreement with Maverik Stores, Inc., a Utah Corporation Qualified to do Business in California, to Pay Its Proportional Benefit of Costs Related to Sphere of Influence, Municipal Services Review Updates, and Associated Environmental Review ($12,000) (CD) C-18 Adopt Resolution Authorizing City Manager to Execute Letter of Consent Authorizing Amtrak to Perform Accessibility Improvements on Portions of City Property Adjacent to Railroad Right of Way (PW)
4 Adopted Resolution No. 2021-298 authorizing the City Manager to execute a Letter of Consent authorizing Amtrak to perform accessibility improvements on portions of City property adjacent to railroad right of way.

Set a public hearing for November 17, 2021 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 17.36, "Standards for Specific Land Uses," by adding Section 17.36.150, "Small Cell Wireless Technology Facilities in Public Right-of-Way." Kenneth Wheeler, a resident, provided public comment requesting the public be given an opportunity to participate in the legislative process.

Valerie Maurice, a resident, provided public comment regarding flood damage her residence sustained during the recent storm and asking that the City make improvements to the storm system.

Jacob Neal, a resident, provided public comment requesting tennis courts be included in the Ed DeBenedetti Park master plan.

Mr. Khan (first name inaudible), a resident, provided public comment regarding cars parked on the street in his neighborhood that have expired tags and individuals in the neighborhood that cause him to be concerned for his family's safety.

Gary Funamura, a resident, submitted public comment via email. Hard copies were provided to the City Council.

Council Member Khan offered his condolences to the family of a young man who lost his life over the Halloween weekend. Council Member Khan also suggested the public donate old blankets to the homeless. Council Member Khan voiced his concerns about the condition of the motels on Main Street.

Council Member Kuehne spoke about upcoming local community events.

City Manager Schwabauer spoke about the recent storm that impacted the region with unprecedented rainfall.

Public Works Director Charlie Swimley spoke about the recent storm, the work that was being managed by the Public Works, Electric Utility, Fire and Police Departments during the storm C-19 Set Public Hearing for November 17, 2021 to Consider Recommendation of Planning Commission to Introduce and Waive First Reading of Ordinance Amending Lodi Municipal Code Title 17 – Development Code – Article 3, “Site Planning and General Development Standards,” Chapter 17.36, “Standards for Specific Land Uses,” by Adding Section

17.36.150, “Small Cell Wireless Technology Facilities in Public Right-of-Way” (CD) D. Comments by the Public on No n-Agenda Items THE TIME ALLOWED PER NON-

AGENDA ITEM FOR COMMENTS MADE BY THE PUBLIC IS LIMITED TO FIVE MINUTES.

E. Comments by the City Council Members on Non-Agenda Items F. Comments by the City Manager on Non-Agenda Items
5 event, and the condition of the storm system.

City Manager Schwabauer explained to the public in attendance that items not on the agenda may not be discussed in detail at Council meetings, per the Brown Act. Mr. Schwabauer also explained that the members of the City Council are not appointed, but rather elected by the public.

Mayor Nakanishi noted that there are also laws governing how and when members of the City Council may meet.

Notice thereof having been published according to law, an affidavit of which publication is on file in the office of the City Clerk, Mayor Nakanishi called for the public hearing to consider adopting a resolution approving the Planning Commission's recommendation to authorize 12 High-Density Residential Growth Management Allocations for a new apartment development at 620 South Central Avenue.

Planner Eric Norris provided a PowerPoint presentation regarding the 620 South Central Avenue Growth Allocation. Specific topics of discussion included proposed project, aerial photo, Growth Allocation review, priority areas, maximum annual growth, total available allocations for 2021, points system, Planning Commission recommendation, environmental analysis, CEQA review, and recommended motion.

Mr. Norris explained that this project is not a shelter, but rather an affordable housing complex, in response to a question asked by Council Member Khan.

City Manager Schwabauer spoke about how affordable, or low-cost, housing is managed.

Mr. Norris responded to questions asked by Council Member Khan regarding parking requirements.

Mayor Pro Tempore Chandler and Council Member Khan voiced their support for the project.

Mayor Nakanishi opened the public hearing for public comment.

Jacob Neal, a resident, provided public comment and voiced his concerns regarding parking.

John Kautz, the project applicant, provided public comment in support of the project. Mr. Kautz discussed the parking and the benefits of affordable housing developments.

Ramon Yepez, a resident, provided public comment against the location of the development, stating apartments are only being built on the eastside and there will not be enough parking which will lead to parking on the street, accidents, and an increase in crime.

There being no further public comments, Mayor Nakanishi closed the public hearing.

Mayor Nakanishi and City Manager Schwabauer discussed the project approval process, zoning laws, and the development of private property.

G. Public Hearings
G-1 Public Hearing to Consider Adopting Resolution Approving Planning Commissio n’s Recommendation to Authorize 12 High-Density Residential Growth Management Allocations for a New Apartment Development at 620 South Central Avenue (CD) 6 Council Member Kuehne spoke about the project approval process and noted that he is in support of the project being considered.

Mayor Pro Tempore Chandler made a motion, second by Council Member Kuehne, to adopt Resolution No. 2021-299 approving the Planning Commission's recommendation to authorize 12 High-Density Residential Growth Management Allocations for a new apartment development at 620 South Central Avenue.

VOTE:

The above motion carried by the following vote:

Ayes: Council Member Hothi, Council Member Khan, Council Member Kuehne, Mayor Pro Tempore Chandler, and Mayor Nakanishi
Noes: None

Absent: None

ROLL CALL VOTE
The City Council held a ROLL CALL vote (all voiced their votes).

Notice thereof having been published according to law, an affidavit of which publication is on file in the office of the City Clerk, Mayor Nakanishi called for the public hearing to consider the introduction and waiving of the first reading of an ordinance amending Lodi Municipal Code Title 17 - Development Code - Article 3, "Site Planning and General Development Standards," Chapter

17.36, Standards for Specific Land Uses," by repealing and reenacting Lodi Municipal Code Section 17.36.130 related to Accessory Dwelling Unit and Junior Accessory Dwelling Unit regulations.

Planner Paul Junker provided a PowerPoint presentation regarding the proposed amendments to the City's Accessory Dwelling Unit (ADU) regulations. Specific topics of discussion included background, sample photo of ADU, sample photo of Junior Accessory Dwelling Unit (JADU), intent of State law, proposed amendments, proposed regulations for ADUs, sample plan for 1,200 square-foot ADU, regulations for JADUs, significant amendments - parking, CEQA review, and recommendation.

Mr. Junker answered questions asked by Council Member Kuehne regarding water and sewer connections.

Mayor Nakanishi opened the public hearing for public comment.

There being no public comments, Mayor Nakanishi closed the public hearing.

Council Member Kuehne made a motion, second by Council Member Hothi, to introduce and waive first reading of Ordinance No. 1987 amending Lodi Municipal Code Title 17 - Development Code - Article 3, "Site Planning and General Development Standards," Chapter 17.36, Standards for Specific Land Uses," by repealing and reenacting Lodi Municipal Code Section 17.36.130 related to Accessory Dwelling Unit and Junior Accessory Dwelling Unit regulations.

G-2 Public Hearing to Introduce and Waive Fi rst Reading of Ordinance Amending Lodi Municipal Code Title 17 – Development Code – Article 3, “Site Planning and General Development Standards,” Chapter 17.36, Standards for Specific Land Uses,” by Repealing and Reenacting Lodi Municipal Code Section 17.36.130 Related to Accessory Dwelling Unit and Junior Accessory Dwelling Unit Regulations (CD) 7 VOTE:

The above motion carried by the following vote:

Ayes: Council Member Hothi, Council Member Khan, Council Member Kuehne, and Mayor Nakanishi
Noes: None

Absent: Mayor Pro Tempore Chandler

ROLL CALL VOTE
The City Council held a ROLL CALL vote (all voiced their votes).

There being no further business to come before the City Council, the meeting was adjourned at 8:37 p.m.

H. Regular Calendar
– None
I. Ordinances – None
J. Adjournment
ATTEST:

Jennifer Cusmir
City Clerk
8 LODI CITY COUNCIL

REGULAR CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, NOVEMBER 17, 2021
The City Council Closed Session meeting of November 17, 2021, was called to order by Mayor Nakanishi at 6:34 p.m.

Present: Council Member Hothi, Council Member Khan, Council Member Kuehne, Mayor Pro Tempore Chandler, and Mayor Nakanishi

Absent: None
Also Present: City Manager Schwabauer, City Attorney Magdich, and City Clerk Cusmir At 6:34 p.m., Mayor Nakanishi adjourned the meeting to a Closed Session to discuss the above matters. The Closed Session adjourned at 7:00 p.m.

At 7:06 p.m., Mayor Nakanishi reconvened the City Council meeting, and City Attorney Magdich disclosed the following actions.

In regard to Item C-2a), conference with Adele Post, Human Resources Manager, and Andrew Keys, Deputy City Manager (Labor Negotiators), regarding Lodi City Mid-Management Association, AFSCME General Services and Maintenance & Operators, Police Mid-Managers, Lodi Police Officers Association, Lodi Police Dispatchers Association, Lodi Professional Firefighters, Lodi Fire Mid-Management, International Brotherhood of Electrical Workers, Confidential General Services, Confidential Mid-Managers, Executive Managers, and Appointed Employees pursuant to Government Code §54957.6. City Council provided staff with direction and there was no further action taken on this item.

In regard to Item C-2b), In Re National Prescription Opiate Litigation, MDL 2804, Case No. 1:17- md-2804, United States District Court, Northern District of Ohio, Eastern Division. City Council pr
ovided staff with direction and there was no further action taken on this item.

C-1
Call to Order / Roll Call
C-2 Announcement of Closed Session
a) Conference with Adele Post, Human Resources Manager, and Andrew Keys, Depu ty City Manager (Labor Negotiators), Regarding Lodi City Mid-Management Association, AFSCME General Services and Maintenance & Operators, Police Mid-Managers, Lodi Police Officers Association, Lodi Police Dispatchers Association, Lodi Professional Firefighters, Lodi Fire Mid-Management, International Brotherhood of Electrical Workers, Confidential General Services, Confidential Mid-Managers, Executive Managers, and Appointed Employees Pursuant to Government Code §54957.6 (CM) b) In Re National Prescription Opiate Litigation, MDL 2804, Case No. 1:1 7-md-2804, United States District Court, Northern District of Ohio, Eastern Division (CA) C-3 Adjourn to Closed Session
C-4 Return to Open Session / Disclosure of Actio n
A. Call to Order / Roll Call
1 Exhibit B
The Regular City Council meeting of November 17, 2021, was called to order by Mayor Nakanishi at 7:06 p.m.

Present: Council Member Khan, Council Member Kuehne, Mayor Pro Tempore Chandler, and Mayor Nakanishi

Absent: Council Member Hothi
Also Present: City Manager Schwabauer, City Attorney Magdich, and City Clerk Cusmir Mayor Nakanishi presented the Mayor's Community Service Award to Mr. Bill Meehleis and Mr.

Jim Murdaca.

Gage Canestrino, of Boys Scouts of America Troop 199, presented a PowerPoint presentation regarding his Eagle Scout project, the Lodi Police Department Partners Memorial Garden.

Specific topics included planning, pictures of the project, labor and funds invested in the project, and community support.

Council Member Kuehne made a motion, second by Mayor Pro Tempore Chandler, to approve the following items hereinafter set forth, except those otherwise noted, in accordance with the report and recommendation of the City Manager.

VOTE:

The above motion carried by the following vote:

Ayes: Council Member Khan, Council Member Kuehne, Mayor Pro Tempore Chandler, and Mayor Nakanishi
Noes: None

Absent: Council Member Hothi

ROLL CALL VOTE
The City Council held a ROLL CALL vote (all voiced their votes).

Claims were approved in the amount of $2,492,131.32.

The minutes of October 5, 2021 (Shirtsleeve Session), October 6, 2021 (Regular Meeting), October 26, 2021 (Shirtsleeve Session), November 2, 2021 (Shirtsleeve Session), and November 9, 2021 (Shirtsleeve Session) were approved as written.

B
. Presentations
B-1 Mayor ’s Community Service Award (CLK)
B-2 Partners Memorial Garden Eagle Scout Project Presentation (PD) C. Consent Calendar (Reading; Comments by the Public; Council Action) All matters listed on the consent calendar are considered to be routine and will be acted upon by one motion.

There will be no separate discussion of these items. If a member of the public would like a consent calendar item pulled and discussed separately, refer to the Notice at the beginning of this agenda.

C-1 Receive Register of Claims for October 15, 2021 through October 28, 2021 in the Total Amount of $2,492,131.32 (FIN)
C-2 Approve Minutes (CLK)
2 Accepted the Quarterly Investment Report as required by the City of Lodi Investment Policy.

Accepted the Quarterly Report of Purchases between $10,000 and $20,000.

Adopted Resolution No. 2021-300 authorizing the City Manager to purchase water meters from Badger Meter, of Milwaukee, Wisconsin, in the amount of $145,976, and appropriating funds in the amount of $145,976.

Adopted Resolution No. 2021-301 authorizing the City Manager to waive the bid process and purchase water meter encode receiver transmitters from Meter, Valve & Control, Inc., of Alamo, in the amount of $55,435, and appropriating funds in the amount of $55,435.

Approved plans and specifications and authorized advertisement for bids for the City Hall Annex Building Gun Range HVAC Improvement Project.

Approved plans and specifications and authorized advertisement for bids for the Alley Improvement Project - Phase 9 (2021) and adopted Resolution No. 2021-302 authorizing the City Manager to award a contract to the lowest responsive bidder, in an amount not to exceed $344,000, and execute change orders, in an amount not to exceed $30,000.

Accepted improvements under the contract for the Well 7 Electrical Improvements Project.

Accepted the improvements under the contract for the 2020 GrapeLine Bus Stop Accessibility and Shelter Improvements Project.

Adopted Resolution No. 2021-303 authorizing the City Manager to execute a Professional C-3
Accept Quarterly Investment Report as Required by City of Lodi Investment Policy (FIN) C-4 Accept Quarterly Report of Purchases between $10,000 and $20,000 (FIN) C-5 Adopt Resolution Authorizing City Manager to Purchase Water Meters from Badger Meter, of Milwaukee, Wisconsin ($145,976) and Appropriating Funds ($145,976) (PW) C-6 Adopt Resolution Authorizing City Manager to Waive Bid Process and Purchase Water Meter Encode Receiver Transmitters from Meter, Valve & Control, Inc., of Alamo ($55,435) and Appropriating Funds ($55,435) (PW)
C-7 Approve Plans and Specifications and Authorize Advertisement for Bids for City Hall Annex Building Gun Range HVAC Improvement Project (PW)
C-8 Approve Plans and Specifications and Authorize Advertisement for Bids for Alley Improvement Project – Phase 9 (2021) and Adopt Resolution Authorizing City Manager to Award Contract to Lowest Responsive Bidder ($344,000) and Execute Change Orders ($30,000) (PW)
C-9 Accept Improvements Under Contract for Well 7 Electrical Improvements (PW) C-10 Accept Improvements under Contract for 2020 GrapeLine Bus Stop Accessibility and Shelter Improvements Project (PW)
C-11 Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement with Mission Linen Supply ($36,000) (FD)
3 Services Agreement with Mission Linen Supply, in the amount of $36,000.

Adopted Resolution No. 2021-304 authorizing the City Manager to execute Amendment No. 5 to the contract with Efficiency Services Group, LLC, an Oregon Limited Liability Company, increasing the original contract amount by $247,500 through June 30, 2022 for additional services.

Adopted Resolution No. 2021-305 authorizing the City Manager to execute Amendment No. 5 to the Professional Services Agreement with Civil Hydro Tech, LLC, of Los Altos, for consulting and project management services for Southern Plume remediation activities, groundwater modeling, and Citywide plume management, in the amount of $208,500, and appropriating funds in the amount of $208,500.

Adopted Resolution No. 2021-306 authorizing the Chief of Police to execute an agreement for alcohol and/or drug analysis between California Department of Justice and City of Lodi.

Adopted Resolution No. 2021-307 authorizing the City Manager to execute the Regional Early Action Planning (REAP) Cooperative Agreement with San Joaquin Council of Governments, accepting grant funding in the amount of $132,470, and authorizing revenue and expenditure appropriations.

Adopted Resolution No. 2021-308 approving the Memorandum of Understanding between City of Lodi and Boosters of Boys/Girls Sports (BOBS).

Adopted Resolution No. 2021-309 authorizing the City Manager to increase Engine 2031 outfitting appropriation by $15,000 and approve $55,000 purchase from L.N. Curtis to outfit Engine 2031.

C-12 Adopt Resolution Authorizing City Manager to Execute Amendment No. 5 to Contract with Efficiency Services Group, LLC, an Oregon Limited Liability Company, Increasing Original Contract Amount by $247,500 through June 30, 2022 for Additional Services (EU) C-13 Adopt Resolution Authorizing City Manager to Execute Amendment No. 5 to Professional Services Agreement with Civil Hydro Tech, LLC, of Los Altos, for Consulting and Project Management Services for Southern Plume Remediation Activities, Groundwater Modeling, and Citywide Plume Management ($208,500) and Appropriating Funds ($208,500) (PW) C-14 Adopt Resolution Authorizing Chief of Police to Execute Agreement for Alcohol and/or Drug Analysis between California Department of Justice and City of Lodi (PD) C-15 Adopt Resolution Authorizing City Manager to Execute Regional Early Action Planning (REAP) Cooperative Agreement with San Joaquin Council of Governments, Accept Grant Funding ($132,470), and Authorize Revenue and Expenditure Appropriations (CM) C-16 Adopt Resolution Approving Memorandum of Understanding between City of Lodi and Boosters of Boys/Girls Sports (BOBS) (PRCS)
C-17 Adopt Resolution Authorizing City Manager to Increase Engine 2031 Outfitting Appropriation by $15,000 and Approve $55,000 Purchase from L.N. Curtis to Outfit Engine 2031 (FD)
C-18 Accept Monthly Protocol Account Report (CLK)
4 Accepted monthly Protocol Account Report.

Adopted Resolution of Vacation No. 2021-310 to abandon 8-foot and 16.5-foot Public Utility Easement located at 1901 Ackerman Drive.

Adopted Resolution No. 2021-311 authorizing a street name change from Azalea Lane to Violet Street.

Adopted Resolution No. 2021-312 declaring the month of November as Sikh Awareness Month.

Alex Alifaris, a resident, provided public comment regarding the role of civil authorities through history and against current safety protocols related to COVID-19.

Pete Valdez, a resident, provided public comment regarding government corruption and spoke against current safety protocols related to COVID-19.

Roy Binder, a resident, provided public comment in support of scooters being available in Lodi as a mode of public transportation.

Joan Wright, a resident provided public comment regarding radio frequencies and spoke against the installation of high-frequency transmitters area 5G cell towers.

Council Member Khan thanked the Lodi Police Department for addressing issues on Main Street and noted there are still crime-related problems that require permanent solutions. Council Member Kuehne agreed that is it a problematic area that needs to be addressed.

Council Member Kuehne provided updates on the San Joaquin Council of Governments meeting and asked if the City's landscape maintenance agreements could be reviewed to increase maintenance work.

Mayor Pro Tempore Chandler spoke about the Lodi Winegrape Commission and the Growers' Association and the work they are doing to generate wine tourism to Lodi.

Mayor Nakanishi spoke about the upcoming reorganization.

City Manager Schwabauer spoke about the work the Council has done to address the homelessness issues in the City including funding the ACCESS Center project.

C-19 Adopt Resolution of Vacation to Abandon 8-Foot and 16.5-Foot Public Utility Easement Located at 1901 Ackerman Drive (PW)
C-20 Adopt Resolution Authorizing Street Name Change from Azalea Lane to Violet Street (PW) C-21 Consider Request of Council Member Hothi to Pass a Resolution Declaring the Month of November Sikh Awareness Month (CM)
D. Comments by the Public on Non-Agenda Items THE TIME ALLOWED PER NON-

AGENDA ITEM FOR COMMENTS MADE BY THE PUBLIC IS LIMITED TO FIVE MINUTES.

E. Comments by the City Council Members on Non-Agenda Items F. Comments by the City Manager on Non-Agenda Items
5 Notice thereof having been published according to law, an affidavit of which publication is on file in the office of the City Clerk, Mayor Nakanishi called for the 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 17.36, "Standards for Specific Land Uses," by adding Section 17.36.150, "Small Cell Wireless Telecommunication Facilities in Public Right-of-Way." Jory Wolf, Vice President of Digital Innovations with Magellan Advisors, provided a PowerPoint presentation regarding wireless ordinance, small cell standards, and master license agreement.

Specific topics of discussion included managing placement; preempted local regulatory powers; federal regulation; ordinance, standards, and guidelines development; wireless ordinance; application and notification process; design standards and guidelines; master license agreement; and staff recommendation.

Mr. Wolf spoke about the number of poles the City may expect cell carriers to need to install over the course of the next two to five years, in response to a question asked by Council Member Kuehne. Mr. Wolf and Council Member Kuehne also discussed the related fees and the possibility of being able to increase the associated fees.

Mr. Wolf answered questions regarding the difference between 4G and 5G and the importance of community penetration for 5G towers. Council Member Kuehne spoke about programs that are available to help provide public WiFi service.

Electric Utility Director Jeff Berkheimer spoke about the standards that the City is recommending and how staff intends on mitigating some of the negative impacts installation of the small cell wireless facilities may have on current City infrastructure, in response to a question asked by Mayor Pro Tempore Chandler.

City Manager Schwabauer explained that the Federal government sets the public safety standards for the facilities, following questions asked by Council Member Khan and Mayor Nakanishi.

Mayor Nakanishi opened the public hearing for public comment.

Alex Alafaris, a resident, provided public comment against the installation of small cell wireless telecommunication facilities in the public right-of-way.

Terese, no last name given, a resident, provided public comment, via Zoom, against the installation of small cell wireless telecommunication facilities in the public right-of-way.

Joan Wright, a resident provided public comment against the installation of small cell wireless telecommunication facilities in the public right-of-way.

There being no further public comments, Mayor Nakanishi closed the public hearing.

G. Public Hearings
G-1 Public Hearing to Consider Recommendation of Planning Commission to Introduce and Waive First Reading of Ordinance Amending Lodi Municipal Code Title 17 – Development Code – Article 3, “Site Planning and General Development Standards,” Chapter 17.36, “Standards for Specific Land Uses,” by Adding Section 17.36.150, “Small Cell Wireless Telecommunication Facilities in Public Right-of-Way” (CD) 6 Council Member Khan stated that he was concerned about hackers and public health issues.

Mayor Pro Tempore Chandler noted that this item is the introduction of the Ordinance and that the issue will come back to Council.

Council Member Kuehne spoke about the accuracy of reports coming out of Ripon.

Mr. Wolf spoke about the cell deployment requirements.

Council Member Kuehne made a motion, second by Mayor Pro Tempore Chandler, to introduce and waive first reading of Ordinance No. 1988 amending Lodi Municipal Code Title 17 - Development Code - Article 3, "Site Planning and General Development Standards," Chapter

17.36, "Standards for Specific Land Uses," by adding Section 17.36.150, "Small Cell Wireless Telecommunication Facilities in Public Right-of-Way."
VOTE
:

The above motion carried by the following vote:

Ayes: Council Member Khan, Council Member Kuehne, Mayor Pro Tempore Chandler, and Mayor Nakanishi
Noes: None

Absent: Council Member Hothi

ROLL CALL VOTE
The City Council held a ROLL CALL vote (all voiced their votes).

Notice thereof having been published according to law, an affidavit of which publication is on file in the office of the City Clerk, Mayor Nakanishi called for the public hearing to consider introducing an ordinance amending Lodi Municipal Code Title 13 - Public Services - Chapter

13.20, "Electrical Service," Article III, "Rates," by repealing and reenacting Section 13.20.315, "Schedule EDR - Economic Development Rates."
Business Development Manager Astrida Trupovnieks provided a PowerPoint presentation regarding the Economic Development Discount Rate. Specific topics of discussion included comparison of Economic Development Rate (EDR) existing program and new program, EDR program costs, and eligibility criteria.

Mayor Nakanishi opened the public hearing for public comment.

Pete Valdez, a resident, provided public comment noting more businesses are coming to Lodi, but there is still a lack of housing and support services.

There being no further public comments, Mayor Nakanishi closed the public hearing.

Mayor Pro Tempore Chandler made a motion, second by Council Member Kuehne, to introduce Ordinance No. 1989 amending Lodi Municipal Code Title 13 - Public Services - Chapter 13.20, "Electrical Service," Article III, "Rates," by repealing and reenacting Section 13.20.315, "Schedule EDR - Economic Development Rates."
G-2 Public Hearing to Introduce Ordinance Amending Lodi Municipal Code Title 13 – Public
Services – Chapter 13.20, “Electrical Service,” Article III, “Rates,” by Repealing and Reenacting Section 13.20.315, “Schedule EDR - Economic Development Rates” (EU) 7 VOTE:

The above motion carried by the following vote:

Ayes: Council Member Khan, Council Member Kuehne, Mayor Pro Tempore Chandler, and Mayor Nakanishi
Noes: None

Absent: Council Member Hothi

ROLL CALL VOTE
The City Council held a ROLL CALL vote (all voiced their votes).

Business Development Manager Astrida Trupovnieks provided a PowerPoint presentation regarding surplus property. Specific topics of discussion included history of Surplus Lands Act - Public Lands, classifications of public lands, disposition process, 2630 South Stockton Street, 18021 North Kennison Lane, 17700 North Guild Avenue, and 219 South School Street.

Council Member Kuehne made a motion, second by Mayor Pro Tempore Chandler, to adopt Resolution No. 2021-313 declaring, pursuant to Article 8 of Surplus Land Act (Government Code §§ 54220-54234), that real property located at 18021 North Kennison Lane, 17700 North Guild Avenue, 219 South School Street, and 2630 South Stockton Street are surplus property and not necessary for City use.

VOTE
:

The above motion carried by the following vote:

Ayes: Council Member Khan, Council Member Kuehne, Mayor Pro Tempore Chandler, and Mayor Nakanishi
Noes: None

Absent: Council Member Hothi

ROLL CALL VOTE
The City Council held a ROLL CALL vote (all voiced their votes).

Council Member Kuehne made a motion, second by Mayor Pro Tempore Chandler, (following reading of the title) to waive reading of the ordinance in full and adopt and order to print Ordinance No. 1987 entitled, "An Ordinance of the Lodi City Council Amending Lodi Municipal Code Title 17 - Development Code - Article 3, 'Site Planning and General Development Standards,' Chapter 17.36, 'Standard for Specific Land Uses,' by Repealing and Reenacting Lodi Municipal Code Section 17.36.130, 'Second Dwelling Units," which was introduced at a regular meeting of the Lodi City Council held November 3, 2021.

H. Regular Calenda
r
H-1 Adopt Resolution Declaring Pursuant to Article 8 of Surplus Land Act (Government Code §§ 54220-54234) that Real Property Located at 18021 North Kennison Lane, 17700 North Guild Avenue, 219 South School Street, and 2630 South Stockton Street are Surplus Property and Not Necessary for City Use (CM)
I. Ordinances
I-1 Adopt Ordinance No. 1987 Entitled, “An Ordinance of the Lodi City Council Amending Lodi Municipal Code Title 17 – Development Code – Article 3, ‘Site Planning and General Development Standards,’ Chapter 17.36, ‘Standard for Specific Land Uses,’ by Repealing and Reenacting Lodi Municipal Code Section 17.36.130, ‘Second Dwelling Units’” (CLK) 8 VOTE:

The above motion carried by the following vote:

Ayes: Council Member Khan, Council Member Kuehne, Mayor Pro Tempore Chandler, and Mayor Nakanishi
Noes: None

Absent: Council Member Hothi

ROLL CALL VOTE
The City Council held a ROLL CALL vote (all voiced their votes).

There being no further business to come before the City Council, the meeting was adjourned at 9:23 p.m.

J.

Adjournment
ATTEST:

Jennifer Cusmir
City Clerk
9 LODI CITY COUNCIL

SHIRTSLEEVE SESSION
CARNEGIE FORUM, 305 WEST PINE STREET
TUESDAY, NOVEMBER 30, 2021
The November 30, 2021, Informal Informational Meeting ("Shirtsleeve" Session) of the Lodi City Council was canceled.

ATTEST:

Jennifer Cusmir
City Clerk
1 Exhibit C

LODI CITY COUNCIL

REGULAR CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, DECEMBER 1, 2021
The City Council Closed Session meeting of December 1, 2021, was called to order by Mayor Nakanishi at 6:32 p.m.

Present: Council Member Hothi, Council Member Khan, Council Member Kuehne, Mayor Pro Tempore Chandler, and Mayor Nakanishi

Absent: None
Also Present: Deputy City Manager Keys, City Attorney Magdich, and City Clerk Cusmir At 6:32 p.m., Mayor Nakanishi adjourned the meeting to a Closed Session to discuss the above matters. The Closed Session adjourned at 6:50 p.m.

At 7:00 p.m., Mayor Nakanishi reconvened the City Council meeting, and City Attorney Magdich disclosed the following actions:

In regard to Item C-2a), conference with Adele Post, Human Resources Manager, and Andrew Keys, Deputy City Manager (Labor Negotiators), Regarding Lodi City Mid-Management Association, AFSCME General Services and Maintenance & Operators, Police Mid-Managers, Lodi Police Officers Association, Lodi Police Dispatchers Association, Lodi Professional Firefighters, Lodi Fire Mid-Management, International Brotherhood of Electrical Workers, Confidential General Services, Confidential Mid-Managers, Executive Managers, and Appointed Employees Pursuant to Government Code §54957.6. The City Council provided staff direction and there was no further action taken on this item.

The Regular City Council meeting of December 1, 2021, was called to order by Mayor Nakanishi at 7:00 p.m.

Present: Council Member Hothi, Council Member Khan, Council Member Kuehne, Mayor Pro Tempore Chandler, and Mayor Nakanishi

Absent: None
Also Present: Deputy City Manager Keys, City Attorney Magdich, and City Clerk Cusmir C-1 Call to Order / Roll Call
C-2 Announcement of Closed Session
a) Conference with Adele Post, Human Resources Manager, and Andrew Keys, Depu ty City Manager (Labor Negotiators), Regarding Lodi City Mid-Management Association, AFSCME General Services and Maintenance & Operators, Police Mid-Managers, Lodi Police Officers Association, Lodi Police Dispatchers Association, Lodi Professional Firefighters, Lodi Fire Mid-Management, International Brotherhood of Electrical Workers, Confidential General Services, Confidential Mid-Managers, Executive Managers, and Appointed Employees Pursuant to Government Code §54957.6 (CM) C-3 Adjourn to Closed Session
C-4 Return to Open Session / Disclosure of Actio n
A. Call to Order / Roll Call
1 Exhibit D
Mayor Nakanishi presented certificates of recognition to the retiring members of the City's various Commissions, Boards, and Committees: Noona Joseph, Georgia Owens, and Paige Prince (Lodi Arts Commission); Morgan Orlando, Parker Orlando, Benjamin Gobel, and Ahmad Khan (Greater Lodi Area Youth Commission Student Members); Jessica Ramirez (Greater Lodi Area Youth Commission Adult Advisor); Pam Williams (Library Board of Trustees); Spencer Rhoads and Mikey Hothi (Measure L Citizens' Oversight Committee); Debbie Olson (Planning Commission); and Tracy Williams (Senior Citizens Commission).

Mayor Nakanishi presented certificates of appreciation to the Council Appointees and Department Heads in recognition of their outstanding service during the pandemic.

Mayor Pro Tempore Chandler made a motion, second by Council Member Kuehne, to approve the following items hereinafter set forth, except those otherwise noted , in accordance with the
report and recommendation of the City Manager.

VOTE:

The above motion carried by the following vote:

Ayes: Council Member Hothi, Council Member Khan, Council Member Kuehne, Mayor Pro Tempore Chandler, and Mayor Nakanishi
Noes: None

Absent: None

ROLL CALL VOTE
The City Council held a ROLL CALL vote (all voiced their votes).

Claims were approved in the amount of $3,852,932.41.

The minutes of October 20, 2021 (Regular Meeting), November 16, 2021 (Shirtsleeve Session), and November 23, 2021 (Shirtsleeve Session) were approved as written.

B. Presentations
B-1 Presentation to Retiring Members of Boards, Committees, Commissions, and Task Forces (CLK)
B-2 Presentations of Certificates of Apprecia tion Council Appointees and Department Heads (CLK)
C. Consent Calendar (Reading; Comments by the Public; Council Action) All matters listed on the consent calendar are considered to be routine and will be acted upon by one motion. There will be no separate discussion of these items. If a member of the public would like a consent calendar item pulled and discussed separately, refer to the Notice at the beginning of this agenda.

C-1 Receive Register of Claims for October 29, 2021 through November 11, 2021 in the Total Amount of $3,852,932.41 (FIN)
C-2 Approve Minutes (CLK)
C-3 Approve Plans and Specifications and Authorize Advertisement for Bids for Fire Station 3 and Fire Station 4 Security Gates and Generator Project and Adopt Resolution Authorizing City Manager to Award Contract to Lowest Responsive Bidder ($240,000) and Execute 2 Approved plans and specifications and authorized advertisement for bids for Fire Station 3 and Fire Station 4 Security Gates and Generator Project and adopted Resolution No. 2021-314 authorizing the City Manager to award a contract to the lowest responsive bidder in an amount not to exceed $240,000 and to execute change orders in an amount not to exceed $15,000.

Adopted Resolution No. 2021-315 approving plans and awarding the contract for Blakely Park Sport Fields and Irrigation Improvements to Emert Construction, of Stockton, in the amount of $896,872, authorizing the City Manager to execute change orders in an amount not to exceed $135,000, and transferring funds in the amount of $120,000.

Adopted Resolution No. 2021-316 awarding the contract for the Lodi Lake Riverbank Stabilization Project to Asta Construction Company, Inc., of Rio Vista, in the amount of $541,013, and authorizing the City Manager to execute contract extensions and change orders in an amount not to exceed $50,000, and appropriating funds in the amount of $134,000.

Adopted Resolution No. 2021-317 awarding the contract for Laurel Avenue Storm Drainage Improvements to TBS Contractors, of Merced, in the amount of $84,414, and authorizing the City Manager to execute change orders in an amount not to exceed $15,000.

Accepted the improvements under the contract for the 2021 Downtown Paver Maintenance Project.

This item was pulled from the Consent Calendar. Mayor Pro Tempore Chandler recused himself from voting on this item due to a potential conflict of interest.

Council Member Kuehne made a motion, second by Council Member Hothi, to adopt Resolution No. 2021-318 authorizing the City Manager to execute a Professional Services Agreement with NJ Associates, Inc., of Lodi, for conceptual architectural design services for affordable housing, access center, and other Community Development projects as needed, in an amount not to exceed $125,000.

Change Orders ($15,000) (PW)
C-4 Adopt Resolution Approving Plans and Awarding Contract for Blakely Park Sport Fields and Irrigation Improvements to Emert Construction, of Stockton ($896,872), Authorizing City Manager to Execute Change Orders ($135,000), and Transfer Funds ($120,000) (PW) C-5 Adopt Resolution Awarding Contract for Lodi Lake Riverbank Stabilization Project to Asta Construction Company, Inc., of Rio Vista ($541,013) and Authorizing City Manager to Execute Contract Extensions and Change Orders ($50,000) and Appropriating Funds ($134,000) (PW)
C-6 Adopt Resolution Awarding Contract for Laurel Avenue Storm Drainage Improvements to TBS Contractors, of Merced ($84,414) and Authorizing City Manager to Execute Change Orders ($15,000) (PW)
C-7 Accept Improvements Under Contract for 2021 Downtown Paver Maintenance Project (PW)
C-8 Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement with NJ Associates, Inc., of Lodi, for Conceptual Architectural Design Services for Affordable Housing, Access Center, and Other Community Development Projects as Needed (Not to Exceed $125,000) (CD)
3 VOTE:

The above motion carried by the following vote:

Ayes: Council Member Hothi, Council Member Khan, Council Member Kuehne, and Mayor Nakanishi
Noes: None
Recusals: Mayor Pro Tempore Chandler

Absent: None

ROLL CALL VOTE
The City Council held a ROLL CALL vote (all voiced their votes).

Adopted Resolution No. 2021-319 authorizing the City Manager to execute Amendment No. 1 to the Professional Services Agreement with Avery and Associates for executive level recruitments, in the amount of $21,900 per recruitment.

Adopted Resolution No. 2021-320 authorizing the City Manager to execute a Professional Services Agreement with Transformer Technologies, LLC, of Salem, Oregon, for hazardous electrical waste disposal services, in the amount of $100,000.

Adopted Resolution No. 2021-321 authorizing the City Manager to execute a Professional Services Agreement with La Rue Communications, of Stockton, for Electric Utility portable radio maintenance services, in the amount of $33,760.

Adopted Resolution No. 2021-322 authorizing the City Manager to execute an amendment to the Professional Services Agreement with Wilson Consulting, of San Clemente, for organizational gap analysis and preferred work methods development services, in the amount of $100,000.

Adopted Resolution No. 2021-323 authorizing the City Manager to execute a Professional Services Agreement with Bagley Enterprises, Inc., of Lodi, for designated operator duties, maintenance, and repairs of City Municipal Utilities Services fuel island, in the amount of $60,000.

C-9
Adopt Resolution Authorizing City Manager to Execute Amendment No. 1 to Professional Services Agreement with Avery and Associates for Executive Level Recruitments ($21,900 per Recruitment) (HR)
C-10 Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement with Transformer Technologies, LLC, of Salem, Oregon, for Hazardous Electrical Waste Disposal Services ($100,000) (EU)
C-11 Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement with La Rue Communications, of Stockton, for Electric Utility Portable Radio Maintenance Services ($33,760) (EU)
C-12 Adopt Resolution Authorizing City Manager to Execute Amendment to Professional Services Agreement with Wilson Consulting, of San Clemente, for Organizational Gap Analysis and Preferred Work Methods Development Services ($100,000) (EU) C-13 Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement with Bagley Enterprises, Inc., of Lodi, for Designated Operator Duties, Maintenance, and Repairs of City Municipal Utilities Services Fuel Island ($60,000) (PW) C-14 Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement 4 Adopted Resolution No. 2021-324 authorizing the City Manager to execute a Professional Services Agreement for SCADA software support with Survalent Technology Corporation, of Buffalo, New York, in the amount of $65,748.

Adopted Resolution No. 2021-325 authorizing the City Manager to execute Amendment No. 2 to the Professional Services Agreement with WGR Southwest, Inc., of Los Alamitos, for stormwater support services, in the amount of $138,640.

Adopted Resolution No. 2021-326 authorizing the City Manager to execute one-year optional extension to Professional Services Agreement with Northern Consulting Actuaries, of Minneapolis, Minnesota, for OPEB valuation study services, in a total amount not to exceed $20,000.

Adopted Resolution No. 2021-327 authorizing the City Manager to execute Amendment No. 1 to the service agreement with Tyler Technologies, Inc., of Yarmouth, Maine, in the amount of $24,757, and ratifying expenditures to date.

Adopted Resolution No. 2021-328 authorizing the City Attorney to execute a contract with Best Best & Krieger, LLP, for services related to record processing in response to subpoenas and California Public Records Act Requests, in an amount not to exceed $100,000.

Authorized the City Manager to execute a letter to BDC Lodi III, L.P., confirming completion of Downtown investment obligation required as a condition of approval for Sunwest Village Shopping Center Project (Resolution No. 2009-58).

This item was pulled from the Consent Calendar by Council Member Kuehne.

Nancy Beckman thanked the City Council and Administration for their ongoing support and for SCADA Software Support with Survalent Technology Corporation, of Buffalo, New York ($65,748) (EU)
C-15 Adopt Resolution Authorizing City Manager to Execute Amendment No. 2 to Professional Services Agreement with WGR Southwest, Inc., of Los Alamitos, for Stormwater Support Services ($138,640) (PW)
C-16 Adopt Resolution Authorizing City Manager to Execute One-Year Optional Extension to Professional Services Agreement with Northern Consulting Actuaries, of Minneapolis, Minnesota, for OPEB Valuation Study Services (Total Not to Exceed $20,000) (FIN) C-17 Adopt Resolution Authorizing City Manager to Execute Amendment No. 1 to Service Agreement with Tyler Technologies, Inc., of Yarmouth, Maine ($24,757), and Ratifying Expenditures to Date (FIN)
C-18 Adopt Resolution Authorizing City Attorney to Execute Contract with Best Best & Krieger, LLP, for Services Related to Record Processing in Response to Subpoenas and California Public Records Act Requests (Not to Exceed $100,000) (CA) C-19 Authorize City Manager to Execute Letter to BDC Lodi III, L.P., Confirming Completion of Downtown Investment Obligation Required as a Condition of Approval for Sunwest Village Shopping Center Project (Resolution No. 2009-58) (CA)
C-20 Approve Lodi Tourism Business Improvement District (LTBID) 2021 Annual Report (CM) 5 provided some information regarding the Lodi Tourism Board and the work done in 2021.

Council Member Kuehne made a motion, second by Mayor Pro Tempore Chandler, to approve Lodi Tourism Business Improvement District (LTBID) 2021 Annual Report.

VOTE:

The above motion carried by the following vote:

Ayes: Council Member Hothi, Council Member Khan, Council Member Kuehne, Mayor Pro Tempore Chandler, and Mayor Nakanishi
Noes: None

Absent: None

ROLL CALL VOTE
The City Council held a ROLL CALL vote (all voiced their votes).

Adopted Resolution No. 2021-329 accepting the Lodi Electric Utility's 2021 Wildfire Mitigation Plan.

This item was pulled for additional discussion.

Alex Aliferis, a resident provided public comment on this item regarding the U.S. defense budget for the military conflict in Afghanistan and other conflicts throughout the globe.

Council Member Hothi explained his reasons for bringing forward Resolution No. 2021-330.

Council Member Khan voiced his support for the U.S. Military overseas and spoke about how military conflict impacts other countries. Mr. Khan spoke in favor of providing more support within the United States' boundaries.

Mayor Nakanishi spoke about the importance of the City Council working on issues that directly impact the Lodi community.

Council Member Khan made a motion, second by Council Member Kuehne, to adopt Resolution No. 2021-330 at the request of Council Member Hothi supporting Afghan refugees, people of Afghanistan, and members of the United States Armed Forces.

VOTE
:

The above motion carried by the following vote:

Ayes: Council Member Hothi, Council Member Khan, Council Member Kuehne, Mayor Pro Tempore Chandler, and Mayor Nakanishi
Noes: None

Absent: None

ROLL CALL VOTE
The City Council held a ROLL CALL vote (all voiced their votes).

C-21 Adopt Resolution Accepting Lodi Electric Utility’s 2021 Wildfire Mitigation Plan (EU) C-22 Consider Request of Council Member Hothi to Pass Resolution Supporting Afghan Refugees, People of Afghanistan, and Members of United States Armed Forces (CM) C-23 Appoint Brian Campbell to the Library Board of Trustees, Lisa Craig to the Site Plan & Architectural Review Committee, and Jack Fiori to the San Joaquin County Mosquito & 6 Made the following appointments and direct the City Clerk to post for the following vacancies:

APPOINTMENTS:

Library Board of Trustees
Brian Campbell - Term to expire June 30, 2022
Site Plan & Architectural Review Committee
Lisa Craig - Term to expire January 1, 2026
San Joaquin County Mosquito & Vector Control District
Jack Fiori - Term to expire December 31, 2025
POSTINGS:

Lodi Senior Citizens Commission
Jill Hernandez - Term to expire December 31, 2021
Pat Hill - Term to expire December 31, 2021
Set a public hearing for January 5, 2022 to consider introducing and waiving 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."
This item was pulled for additional discussion.

Council Member Kuehne spoke about the increase in cost of the Habitat Conservation Plan and the benefit of the plan for developers.

Council Member Kuehne made a motion, second by Mayor Pro Tempore Chandler, to set a public hearing for January 5, 2022 to consider adopting a resolution setting San Joaquin County Multi-Species Habitat Conservation and Open Space Plan Development Fees for 2022.

VOTE:

The above motion carried by the following vote:

Vector Control District; and Re-Post for Vacancies on the Lodi Senior Citizens Commission (CLK)
C-24 Set Public Hearing for January 5, 2022 to Consider Introducing and Waive First Reading of 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” (CD) C-25 Set Public Hearing for January 5, 2022 to Consider Adopting Resolution Setting San Joaquin County Multi-Species Habitat Conservation and Open Space Plan Development Fees for 2022 (CD)
7 Ayes: Council Member Hothi, Council Member Khan, Council Member Kuehne, Mayor Pro Tempore Chandler, and Mayor Nakanishi
Noes: None

Absent: None

ROLL CALL VOTE
The City Council held a ROLL CALL vote (all voiced their votes).

Set a public hearing for January 5, 2022 to introduce an ordinance amending Lodi Municipal Code Title 13 "Public Services," by repealing and reenacting Section 13.12.150, "Connections Outside City," in its entirety.

Adopted Resolution No. 2021-331 of intention to vacate 10-foot Public Utility Easement located at 800 through 830 Talavera Circle, APNs: 027-310-29, 28, 27, 26, 25, and 24; refer the matter to Planning Commission; and set a public hearing for February 16, 2022.

Pete Valdez, a resident, provided public comment regarding protecting the Constitution and discrimination against people who are choosing not to wear a mask during the pandemic.

Alex Aliferis, a resident, provided public comment regarding the Omicron COVID-19 variant, Dr. Anthony Fauci, and global lockdowns during the pandemic.

Council Member Khan spoke about Blakley Park and the possibility of installing a stop sign at the intersection of Poplar and Stockton Streets.

Mayor Pro Tempore Chandler spoke in support of the Lodi Electric Utility and Electric Utility Director Jeff Berkheimer gave a brief presentation on the electric utility rate comparisons at Mayor Pro Tempore Chandler's request.

Council Member Kuehne spoke about the Salvation Army Kettle Kick-off and the Rotary and Kiwanis efforts to raise money for the cause. Council Member Kuehne also spoke about the Lodi Police Department's Drive-thru Dinner and the Lodi Fire Department's Holiday Festival Dinner.

Council Member Kuehn spoke about the Boys and Girls Club upcoming Crab Feed and the Kiwanis' Parade of Lights.

Deputy City Manager Keys noted that City Manager Schwabauer was absent due to illness.

C-2
6 Set Public Hearing for January 5, 2022 to Introduce Ordinance Amending Lodi Municipal Code Title 13 “Public Services,” by Repealing and Reenacting Section 13.12.150, “Connections Outside City,” in Its Entirety (PW)
C-27 Adopt Resolution of Intention to Vacate 10-Foot Public Utility Easement Located at 800 through 830 Talavera Circle, APNs: 027-310-29, 28, 27, 26, 25, and 24; Refer the Matter to Planning Commission; and Set Public Hearing for February 16, 2022 (PW) D. Comments by the Public on Non-Agenda Items THE TIME ALLOWED PER NON-

AGENDA ITEM FOR COMMENTS MADE BY THE PUBLIC IS LIMITED TO FIVE MINUTES.

E. Comments by the City Council Members on Non-Agenda Items F. Comments by the City Manager on Non-Agenda Items
8 Deputy City Manager Keys provided a presentation regarding the CalPERS cost-sharing modifications for Council Appointees. Specific topics of discussion included this was a formal process required by CalPERS.

Mayor Pro Tempore Chandler made a motion, second by Council Member Kuehne, to adopt Resolution No. 2021-332 confirming CalPERS cost-sharing modifications for Council Appointees.

VOTE:

The above motion carried by the following vote:

Ayes: Council Member Hothi, Council Member Khan, Council Member Kuehne, Mayor Pro Tempore Chandler, and Mayor Nakanishi
Noes: None

Absent: None

ROLL CALL VOTE
The City Council held a ROLL CALL vote (all voiced their votes).

Alex Aliferis, a resident, provided public comment against the approval of Ordinance No. 1988.

Mayor Nakanishi stated that at the November 17 City Council meeting, arguments against the passage of Ordinance No. 1988 were addressed.

Deputy City Manager Keys stated that Ordinance No. 1988 allows for the City to establish policies and procedures to address the installation of small cell wireless telecommunication facilities in the public right-of-way. Electric Utility Director Berkheimer explained the type of policies and procedures that may be concerned.

Mayor Pro Tempore Chandler made a motion, second by Council Member Hothi, (following reading of the title) to waive reading of the ordinance in full and adopt and order to print Ordinance No. 1988 entitled, "An Ordinance of the Lodi City Council Amending Lodi Municipal Code Title 17 - Development Code - Article 3, 'Site Planning and General Development Standards,' Chapter 17.36, 'Standards for Specific Land Uses,' by Adding Section 17.36.150, 'Small Cell Wireless Telecommunication Facilities in the Public Right-of-Way," which was introduced at a regular meeting of the Lodi City Council held November 17, 2021.

VOTE:

The above motion carried by the following vote:

Ayes: Council Member Hothi, Council Member Khan, Council Member Kuehne, Mayor Pro G. Public Hearings
– None
H. Regular Calendar
H-1 Adopt Resolution Confirming CalPERS Cost-Sharing Modifications for Council Appointees (HR)
I. Ordinances
I-1 Adopt Ordinance No. 1988 Entitled, “An Ordinance of the Lodi City Council Amending Lodi Municipal Code Title 17 – Development Code – Article 3, ‘Site Planning and General Development Standards,’ Chapter 17.36, ‘Standards for Specific Land Uses,’ by Adding Section 17.36.150, ‘Small Cell Wireless Telecommunication Facilities in the Public Right- of-Way’” (CLK)
9 Tempore Chandler, and Mayor Nakanishi
Noes: None

Absent: None

ROLL CALL VOTE
The City Council held a ROLL CALL vote (all voiced their votes).

Council Member Hothi made a motion, second by Council Member Kuehne, (following reading of the title) to waive reading of the ordinance in full and adopt and order to print Ordinance No. 1989 entitled, "An Ordinance of the Lodi City Council Amending Lodi Municipal Code Title 13 - Public Services - Chapter 13.20, "Electrical Service," Article III, "Rates," by Repealing and Reenacting Section 13.20.315, 'Schedule EDR - Economic Development Rates,' in Its Entirety," which was introduced at a regular meeting of the Lodi City Council held November 17, 2021.

VOTE
:

The above motion carried by the following vote:

Ayes: Council Member Hothi, Council Member Khan, Council Member Kuehne, Mayor Pro Tempore Chandler, and Mayor Nakanishi
Noes: None

Absent: None

ROLL CALL VOTE
The City Council held a ROLL CALL vote (all voiced their votes).

Deputy City Manager Andrew Keys presented outgoing Mayor Nakanishi with a plaque in appreciation of his dedicated service to the community.

City Clerk Cusmir, serving as Chair, conducted the election for the office of Mayor as follows:

NOMINATION(S) FOR MAYOR / VOTE:

Mayor Nakanishi, seconded by Council Member Kuehne, nominated Mayor Pro Tempore Chandler for the office of Mayor.

There being no further nominations for the office of Mayor, the nominations were closed.

Resolution No. 2021-333 electing Mayor Pro Tempore Chandler for the position of Mayor carried by the following vote:

Ayes: Council Members Nakanishi, Chandler, Kuehne, Khan, and Hothi Noes: None

Absent: None
I-2
Adopt Ordinance No. 1989 Entitled, “An Ordinance of the Lodi City Council Amending Lodi Municipal Code Title 13 – Public Services – Chapter 13.20, “Electrical Service,” Article III, “Rates,” by Repealing and Reenacting Section 13.20.315, ‘Schedule EDR – Economic Development Rates,’ in Its Entirety” (CLK)
J. Reorganization of the City Council
J-1 Presentation to Outgoing Mayo r
J-2 Reorganization of the Lodi City Council
a) Election of Mayo r
10 ROLL CALL VOTE
The City Council held a ROLL CALL vote (all voiced their votes).

City Clerk Cusmir turned over the gavel to newly elected Mayor Chandler who then conducted the election for the office of Mayor Pro Tempore.

NOMINATION(S) FOR MAYOR PRO TEMPORE / VOTE:

Council Member Khan, seconded by Council Member Hothi, nominated Council Member Hothi for the office of Mayor Pro Tempore.

Mayor Chandler, seconded by Council Member Kuehne, nominated Council Member Kuehne for the office of Mayor Pro Tempore.

There being no further nominations for the office of Mayor Pro Tempore, the nominations were closed.

Resolution No. 2021-334 electing Council Member Hothi for the position of Mayor Pro Tempore carried by the following vote:

Ayes: Council Members Nakanishi, Khan, and Hothi
Noes: Council Member Kuehne and Mayor Chandler

Absent: None

ROLL CALL VOTE
The City Council held a ROLL CALL vote (all voiced their votes).

There being no further business to come before the City Council, the meeting was adjourned at 8:34 p.m., in memory of Tracy Williams, Senior Citizen Commissioner, who passed away earlier this year.
b) Election of Mayor Pro Tempore
J. Adjournment
ATTEST:

Jennifer Cusmir
City Clerk
11 LODI CITY COUNCIL

SHIRTSLEEVE SESSION
CARNEGIE FORUM, 305 WEST PINE STREET
TUESDAY, DECEMBER 7, 2021
The December 7, 2021, Informal Informational Meeting ("Shirtsleeve" Session) of the Lodi City Council was canceled.

ATTEST:

Jennifer Cusmir
City Clerk
1 Exhibit E

LODI CITY COUNCIL

SHIRTSLEEVE SESSION
CARNEGIE FORUM, 305 WEST PINE STREET
TUESDAY, DECEMBER 14, 2021
The December 14, 2021, Informal Informational Meeting ("Shirtsleeve" Session) of the Lodi City Council was canceled.

ATTEST:

Jennifer Cusmir
City Clerk
1 Exhibit F

LODI CITY COUNCIL

REGULAR CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, DECEMBER 15, 2021
The December 15, 2021, Regular Meeting of the Lodi City Council was canceled.

ATTEST:

Jennifer Cusmir
City Clerk
1 Exhibit G

LODI CITY COUNCIL

SHIRTSLEEVE SESSION
CARNEGIE FORUM, 305 WEST PINE STREET
TUESDAY, DECEMBER 21, 2021
The December 21, 2021, Informal Informational Meeting ("Shirtsleeve" Session) of the Lodi City Council was canceled.

ATTEST:

Jennifer Cusmir
City Clerk
1 Exhibit H

LODI CITY COUNCIL

SHIRTSLEEVE SESSION
CARNEGIE FORUM, 305 WEST PINE STREET
TUESDAY, DECEMBER 28, 2021
The December 28, 2021, Informal Informational Meeting ("Shirtsleeve" Session) of the Lodi City Council was canceled.

ATTEST:

Jennifer Cusmir
City Clerk
1 Exhibit I
AGENDA ITEM C-03
APPR
OVED: ________________________________
Stephen Schwabauer, City Manager

CITY OF LODI

COUNCIL COMMUNICATION
AG
ENDA TITLE: Adopt Resolution Authorizing Inclusion of Henning Getaway Project into FY 2021/22 Capital Improvement Program and Appropriating Funds ($450,000) M
EETING DATE: January 5, 2022
P
REPARED BY: Electric Utility Director
RECOMMENDED ACTION: Adopt a resolution authorizing the inclusion of the Henning Getaway Project into the FY 2021/22 Capital Improvement Program (CIP) and appropriating funds in the amount of $450,000.

BACKGROUND INFORMATION: Lodi Electric Utility’s (LEU) Henning Substation provides electricity to residents and businesses located in the southwest portion of the City and is one of the oldest substations currently operated by LEU.

T
he City has experienced significant growth in the southwest area in the last several years. As a result, the existing infrastructure at the Henning Substation is approaching electric supply capacity limits. Staff have been proactive and made plans to increase the supply capacity of the substation and included a project in the City’s Capital Improvement Program for FY 2022/23.

O
ne of the main underground electric supply lines at the Henning Substation recently experienced an outage. LEU staff was able to bypass that line on a temporary basis. However, in order to avoid possible service disruptions, this line needs to be repaired and expanded to accommodate future growth.

Therefore, staff is recommending to move the proposed project one year forward to FY 2021/22. It is anticipated this project will start in early 2022 and extend into FY 2022/23. Any unused funds remaining at the end of this fiscal year will roll into next fiscal year.

F
ISCAL IMPACT: This project is estimated to cost $450,000.

F
UNDING AVAILABLE: Staff are requesting an appropriation of funds in the amount of $450,000 from Fund 505 to 50599000.77020.
______________________________________

Andrew Keys
Deputy City Manager/Internal Services Director
________________________________

Jeff Berkheimer
Electric Utility Director

Project Title: #197
District Nos: 3 Project Length 1/22-6/23 Priority High
Expenditure Prior Years FY 20/21
Estimate
FY 21/22
Budget
FY 22/23 FY 23/24 FY 24/25 FY 25/26 Future Yrs Total
Internal Staff -$ 50,000$ 50,000$ Miscellaneous -$ 100,000$ 100,000$
Contracts -$ 300,000$ 300,000$
Total Capital Costs -$ -$ 450,000$ -$ -$ -$ -$ -$ 450,000$ Funding Source(s) Prior Years FY 20/21
Estimate
FY 21/22
Budget
FY 22/23 FY 23/24 FY 24/25 FY 25/26 Future Yrs Total
505 - EU Substation & Trans - IMF -$ 450,000$ 450,000$ Total Project Financing -$ -$ 450,000$ -$ -$ -$ -$ -$ 450,000$ Section IV
Operating Cost or (savings) Prior Years FY 20/21
Estimate
FY 21/22
Budget
FY 22/23 FY 23/24 FY 24/25 FY 25/26 Future Yrs Total
Personnel -$ -$
Other Operating Costs -$ -$
Total Operating Impact -$ -$ -$ -$ -$ -$ -$ -$ -$ Section I: Description
Capital Improvement Plan
FY 2021-2022
Henning Getaway Project Munis Project Code:

Section III: Funding Sources/Methods of Financing
Operating Budget Impact
Upgrade getaway conduits and replace existing getaway conductors at Henning Substation.

Justification/factor driving project
Henning Substation provides electricity to residential and commercial customers in the southwest part of Lodi. Henning has historically been the most heavily loaded substation out of the four substations owned by the City. A recent distribution system study concluded that this substation is close to reaching the n-1 capacity. The southwest part of Lodi has been experiencing rapid growth in new developments in recent years. It is creating more strain on the already loaded substation. Staff is proposing to increase circuit capacities by replacing the existing conductors with bigger size to allow more power flow. This will benefit all customers who are currently supplied power from the Henning Substation in the southwest part of the City.

Additional Information
It is anticipated this project will continue into FY 2022/23. Any unused funds from FY 2021/22 will roll forward accordingly.

Section II: Estimated Project Costs
RESOLUTION NO. 2022-____

A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING INCLUSION OF THE HENNING GETAWAY PROJECT INTO THE FISCAL YEAR 2021/22 CAPITAL IMPROVEMENT PROGRAM; AND FURTHER APPROPRIATING FUNDS
========================================================================

WHEREAS, Lodi Electric Utility’s (LEU) Henning Substation provides electricity to residents and businesses located in the southwest portion of the City and is one of the oldest substations currently operated by LEU; and

WHEREAS, the City has experienced significant growth in the southwest area in the last several years and as a result, the existing infrastructure at the Henning Substation is approaching electric supply capacity limits; and

WHEREAS, staff have been proactive and made plans to increase the supply capacity of the substation and included a project in the City’s Capital Improvement Program for FY 2022/23; and

WHEREAS, one of the main underground electric supply lines at the Henning Substation recently experienced an outage and LEU staff was able to bypass that line on a temporary basis; and

WHEREAS, in order to avoid possible service disruptions, this line needs to be repaired and expanded to accommodate future growth; and

WHEREAS, staff is therefore recommending to move the proposed project one year forward to FY 2021/22 and to appropriate funds in the amount of $450,000 from Fund 505 to Account No. 50599000.77020 for said project.

NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the inclusion of the Henning Getaway Project into the FY 2021/22 Capital Improvement Program and

BE IT FURTHER RESOLVED that funds in the amount of $450,000 be appropriated as set forth above.

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 on 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 C-04
APPR
OVED: _ _______________________________________
Stephen Schwabauer, City Manager
K:\WP\PROJECTS\MISC\City Hall Annex 1st Floor Remodel 2013\CAccept CHARP2.doc 12/15/2021

CITY OF LODI

COUNCIL COMMUNICATION
TM
AG
ENDA TITLE: Accept Improvements Under Contract for Old City Hall Tower Demolition Project M
EETING DATE: January 5, 2022
P
REPARED BY: Public Works Director
RE
COMMENDED ACTION: Accept improvements under contract for Old City Hall Tower Demolition Project.

B
ACKGROUND INFORMATION: The project is located at the former City Hall site at 114 North Main Street. The existing tower was constructed as an add-on structure to the old fire house which was part of the original City Hall building. The tower was a 2-story wood structure located on top of a 2-story un-reinforced concrete structure. The building has been unoccupied for many years.

I
n December of 2020, staff noticed that the wood tower had shifted from the foundation and was leaning toward the alley north of Elm Street, between Main Street and Stockton Street. Staff immediately closed off the area and engaged Siegfried Engineering, Inc., to perform a structural analysis. The analysis determined the wood structure was unsafe and should be demolish as soon as possible to minimize risk of collapse and causing more damage to the remaining building and surrounding area.

T
his project included removing the wood portion of the structure (3rd and 4th stories) and installing a temporary roof to protect the remaining concrete structure below.

T
he contract was awarded to Diede Construction, Inc., of Woodbridge, in the amount of $49,630.00 in August of 2021. The contract has been completed in substantial conformance with the plans and specifications approved by City Council on June 6, 2021. The final contract amount is $57,629.63. This was due to a change order ($7,999.63) to install water proofing material to seal the exposed brick wall after the wood tower was demolished.

T
he original contract completion date was November 8, 2021 and the actual contract completion date was November 9, 2021.

Fol
lowing acceptance by the City Council, as required by law, the City Engineer will file a Notice of Completion with the County Recorder’s office. The notice serves to inform vendors and subcontractors that the project is complete and to initiate the 30-day period to file a stop notice requiring the City to withhold payments from the prime contractor in the event of a payment dispute.

F
ISCAL IMPACT: The demolition of the unsafe structure will eliminate further damage to the remaining building and avoid potential hazardous conditions to the surrounding area. This project does impact the General Fund.

Accept Improvements Under Contract for Old City Hall Tower Demolition Project January 5, 2022

K:\WP\PROJECTS\MISC\City Hall Annex 1st Floor Remodel 2013\CAccept CHARP2.doc 12/15/2021

FUNDING AVAILABLE: This project was funded by General Fund Capital.

_______________________________
Charles E. Swimley, Jr.

Public Works Director

Prepared by Lyman Chang, City Engineer/Deputy Public Works Director CES/LC/cd
Attachment

cc: Facilities Superintendent
Public Management Analyst
Diede Construction

EXHIBIT A
AGENDA ITEM C-05
APPROVED: _________________________________
Stephen Schwabauer, City Manager
\\cvcfilv02\pubwks$\WP\PROJECTS\WATER\Well 6R\Well 6R GAC Replacement\CAccept.doc 12/21/2021

CITY OF LODI

COUNCIL COMMUNICATION
TM
AG
ENDA TITLE: Accept Improvements Under Contract for Well 6R Granular Activated Carbon Replacement
M
EETING DATE: January 5, 2022
P
REPARED BY: Public Works Director
RE
COMMENDED ACTION: Accept improvements under contract for Well 6R Granular Activated Carbon Replacement.

BACKGROUND INFORMATION: Granular activated carbon (GAC) is utilized at certain well sites to adsorb 1,2,3,- trichloropropane (1,2,3-TCP) and
dibromochloropropane (DBCP) and other contaminants in the drinking water in order to maintain levels within State and Federal limits. Over time, the carbon loses its adsorptive capacity and must be replaced.

The contract was awarded to Calgon Carbon Corporation, of Moon Township, Pennsylvania, in the amount of $83,461.00, and a Notice to Proceed was issued on October 12, 2021.

This project consisted of removing the spent granular activated carbon (GAC) from Well Site 6R and inspecting the vessels. After minor repairs were made, the contractor furnished and installed domestic virgin GAC into the vessels.

The contract has been completed in substantial conformance with the specifications approved by City Council prior to the contract completion date. The final contract amount was $93,011.00 which included one change order for vessels repairs recommended by an APQ 510 certified inspector. As repairs inside the vessels are unforeseen with varying costs, they were excluded in the original contract. Change Order 1 ($9,550.00) added days and money to the contract to provide the recommended repairs.

Following acceptance by the City Council, as required by law, the City Engineer will file a Notice of Completion with the County Recorder’s office. The notice serves to notify vendors and subcontractors that the project is complete and begins their 30-day period to file a stop notice requiring the City to withhold payments from the prime contractor in the event of a payment dispute.

FISCAL IMPACT: This project had minimal influence on the annual operation and maintenance costs for Well 6R, and assured compliance with all state and federal drinking water standards. This project did not impact the General Fund.

FUNDING AVAILABLE: This project was funded by the Water Capital Fund (56199000.77020). _______________________________

Charles E. Swimley, Jr.

Public Works Director
Prepared by Jimi Billigmeier, Associate Civil Engineer
CES/JB/cd
Cc
: Utility Superintendent

AGENDA ITEM C-06
APPR
OVED: _______________________________________
Stephen Schwabauer, City Manager
\\cvcfilv02\pubwks$\WP\PROJECTS\WATER\Well 28\Well 28 GAC\CAccept.doc 12/16/2021

CITY OF LODI

COUNCIL COMMUNICATION
TM
AG
ENDA TITLE: Accept Improvements Under Contract for Well 28 Granular Activated Carbon System
M
EETING DATE: January 5, 2022
P
REPARED BY: Public Works Director
RE
COMMENDED ACTION: A ccept improvements under contract for Well 28 Granular Activated Carbon Filter System.

B
ACKGROUND INFORMATION: In 2017, Well 28 was removed from service in anticipation of the new State drinking water standards for the regulated chemical known as 1,2,3,- trichloropropane (1,2,3-TCP). This project was needed for the well to meet State drinking water standards and return to service.

For
decades, Granular Activated Carbon (GAC) has been utilized at several well sites within the City to adsorb dibromochloropropane. The State Water Resources Control Board has identified GAC as a best available technology for removing 1,2,3-TCP contamination from drinking water.

T
his project consisted of furnishing and installing a GAC treatment system for Well 28, located at 2800 Kettleman Lane, as shown on Exhibit A. The work for this included furnishing and installing a GAC filter system, complete with four low profile tanks, carbon media, concrete pad, and all required on-site piping and valving, including approximately 90 linear feet of 8-inch water pipe, 231 linear feet 12-inch water pipe, 156 linear feet of 14-inch water pipe, and 90 linear feet of eight-inch wastewater pipe, and other incidental and related work.

T
he Council approved plans and specifications, pre-authorized the City Manager to award the contract up to $1,400,000 and execute change orders not to exceed $140,000 for this project on October 21, 2020.

The City Manager awarded the contract on January 1, 2021 to Smith Construction, Inc., of Fresno, in the amount of $1,189,825.07.

T
he work was completed prior to the final contract completion date of November 22, 2021. A photo of the completed work is shown in Exhibit B. The final contract amount was $1,220,462.12, due to three change orders, amounting to $30,637.05.

C
hange Order No. 1 ($14,322.58) included rerouting the existing chlorine feed line to accommodate the new GAC treatment system and installing a new three-inch spigot for water use on-site as requested by City Staff.

C
hange Order No. 2 ($13,515.84) included a GAC wash assembly to allow for discharging GAC wash water into the wastewater system.

C
hange Order No. 3 ($2,798.63) added a new water sample location as requested by the State regulator.

Accept Improvements Under Contract for Well 28 Granular Activated Carbon Filter System December 1, 2021

\\cvcfilv02\pubwks$\WP\PROJECTS\WATER\Well 28\Well 28 GAC\CAccept.doc 12/16/2021 Following acceptance by the City Council, as required by law, the City Engineer will file a Notice of Completion with the County Recorder’s office. The notice serves to notify vendors and subcontractors that the project is complete and begins their 30-day period to file a stop notice requiring the City to withhold payments from the prime contractor in the event of a payment dispute.

FISCAL IMPACT: Annual operation and maintenance costs for the water utility will increase as a result of Well 28 being placed back into service and the addition of the GAC treatment system.

FUNDING AVAILABLE: This project was funded by Water Capital Fund (56199000.77020).

_______________________________
Charles E. Swimley, Jr.

Public Works Director
Prepared by Jimi Billigmeier, Associate Civil Engineer
CES/JB/cd
Attachment

cc: Andrew Richle, Utilities Superintendent
Travis Kahrs, Water Plant Superintendent
Mike Weltzin, Diede Construction

! ! !
!
!
!
!!
!
!
!!
Interlaken
Dr.

Tienda
Dr.

M
arigold
W
y.

Tulip
Wy. Berlanda
Ln.

Taylor
Rd.

Gala
Dr.

St.

Anton
Dr.
12Hwy 12
CenturyBlvd.

Vine St.

Primrose
Dr.

W
estgate
Dr.

Sylvan W
y.

Van Ruiten Dr.

Kettleman Ln / Hwy 12
Lower Sacramento Rd.

Exhibit A
Well 28 Granular Activated Carbon (GAC) Filter System
2800 West Kettleman Lane
Legend
!! !!
!! !! ! ! !!!!
!!!!!!!!
Project Footprint
µ
0 0.25 0.50.125
Miles
Date: 9/30/2020
Document Path: K:\WP\PROJECTS\WATER\Well 28 GAC\ExhibitA-Vicinity Map.mxd

EXHIBIT B
Well 28 Granular Activated Carbon Filter System

AGENDA ITEM C-07
APPR
OVED: _______________________________
Stephen Schwabauer, City Manager
\\cvcfilv02\pubwks$\WP\DEV_SERV\Developments\Lodi Southwest Gateway\Gateway North\Improvement Agreement UNIT 2\C_Final Accept public improvements_GWN2.doc 12/16/2021

CITY OF LODI

COUNCIL COMMUNICATION

TM
AG
ENDA TITLE: Adopt Resolution Accepting Gateway North Subdivision, Unit No. 2 (Tract No. 3976) Public Improvements and Authorizing City Manager to Execute Landscape Maintenance Agreement
M
EETING DATE: January 5, 2022
P
REPARED BY: Public Works Director
RE
COMMENDED ACTION: Adopt resolution accepting Gateway North Subdivision, Unit No. 2 (Tract No. 3976) public improvements and authorizing City Manager to execute Landscape Maintenance Agreement.

B
ACKGROUND INFORMATION: Gateway North Subdivision, Unit No. 2, is the second phase of the multi-phase residential development located west of Westgate Drive and south of Kettleman Lane, as shown on Exhibit A. Unit No. 2 consists of 107 single-family, residential lots.

The i
mprovement agreement for the project, approved by Council on December 18, 2019, requires the installation of all interior subdivision public improvements, a neighbor park, street improvements on Lower Sacramento Road, underground water pipe relocation, and street improvements on Kettleman Lane.

A
t the request of the developer, Blossom Land Company, the City Council agreed to partially accept the completed portion of the public improvements on May 5, 2021 to allow the homes within the subdivision to be built and occupied. The remaining public improvements on the neighborhood park (Bob Johnson Park) and Lower Sacramento Road are now complete and ready to be accepted by the City. All the required improvements have been constructed in accordance with the approved improvement plans and City standards.

D
eveloper provided a two-year warranty bond to cover all the public improvements under this final acceptance. In addition, the developer is required to execute a Landscape Maintenance Agreement to maintain the neighborhood park for two years.

S
taff recommends the City Council approve the acceptance of Gateway North Subdivision, Unit No. 2, public improvements and authorize the City Manager to execute Landscape Maintenance Agreement.

F
ISCAL IMPACT: There will be an increase in long-term maintenance costs for public infrastructure and City services, such as police, fire, and parks. This cost will be partially funded by proceeds from the Community Facilities District No. 2007-1.

Adopt Resolution Accepting Gateway North Subdivision, Unit No. 2 (Tract No. 3976) Public Improvements and Authorizing City Manager to Execute Landscape Maintenance Agreement
January 5, 2022

K:\WP\DEV_SERV\Developments\Lodi Southwest Gateway\Gateway North\Improvement Agreement UNIT 2\C_PartialAccept public improvements_GWN2.doc 12/16/2021

FUNDING AVAILABLE: Not applicable.

_______________________________
Charles E. Swimley, Jr.

Public Works Director

Prepared by Lyman Chang City Engineer/Deputy Public Works Director CS/LC/cd
Attachments

cc: City Attorney Magdich
Public Works Management Analyst
Utilities Manager
Senior Civil Engineer Nathan
Senior Engineering Technician Wiman
Assistant Engineer, Kiriu
Blossom Land Company
MCR Engineering

Westgate Dr.

Gateway North
Unit 2
Bob Johnson Park
Leonardo Wy.

Mayfair Ct.

W
estgate Dr.

Bernini Wy.

Cortland Ln.

Springfield St.

Larkspur Ln.

Daffodil Dr.

Cameo St.

Botticelli W
y.

Pollock Wy.

Berlanda Ln.

Olive Av.Braeburn Ln.

Em
pire Dr.

Mayfair St.
12 Hwy 12
Azalea Ln.

M
arigold W
y.

McIntosh Dr.

Gala Dr.

Van Ruiten Dr.

W
estgate Dr.

Primrose Dr.

Lower Sacramento Rd.

Kettleman Ln / Hwy 12
Exhibit A
Gateway North, Unit 2
0 350 700175
Feet
µ
K:\WP\DEV_SERV\Developments\Lodi Southwest Gateway\Gateway North\Improvement Agreement UNIT 2\C_ExhibitA.mxd Legend
Neighborhood Park
Lower Sacramento Road Improvements
Kettleman Lane Improvements
Subdivision Boundary

When Recorded Please Return to:

Lodi City Clerk
P.O. Box 3006
Lodi, CA 95241-1910

RESOLUTION NO. 2022-____

A RESOLUTION OF THE LODI CITY COUNCIL ACCEPTING GATEWAY NORTH SUBDIVISION, UNIT NO. 2 (TRACT NO. 3976) PUBLIC
IMPROVEMENTS; AND FURTHER AUTHORIZING THE CITY MANAGER TO

EXECUTE A LANDSCAPE MAINTENANCE AGREEMENT
========================================================================

WHEREAS, Gateway North Subdivision, Unit No. 2, is the second phase of the multi - phase residential development located west of Westgate Drive and south of Kettleman Lane, and consists of 107 single-family residential lots; and

WHEREAS, the improvement agreement for the project, approved by Council on December 18, 2019, requires the installation of all interior subdivision public improvements, a neighbor park, street improvements on Lower Sacramento R oad, and underground water pipe relocation, and street improvements on Kettleman Lane; and

WHEREAS, on May 5, 2021, Council partially accepted the completed portion of the public improvements to allow the homes within the subdivision to be built and occupied; and

WHEREAS, all remaining public improvements on the neighborhood park (Bob Johnson Park) and Lower Sacramento Road have been constructed in accordance with the approved improvement plans and City standards; and

WHEREAS, the developer provided a two-year warranty bond to cover all public improvements under this final acceptance and is required to execute a Landscape Maintenance Agreement to maintain the neighborhood park for two years; and

WHEREAS, staff recommends accepting Gateway North Subdi vision, Unit No. 2 (Tract No. 3976) public improvements and authorizing the City Manager to execute a Landscape Maintenance Agreement.

NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby accept Gateway North Subdivision, Unit No. 2 (Tract No. 3976) public improvements; and

BE IT FURTHER RESOLVED that the Lodi City Council does hereby authoriz e the City Manager to execute a Landscape Maintenance Agreement; 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 C-08
APPR
OVED: __________________________________
Stephen Schwabauer, City Manager

CITY OF LODI

COUNCIL COMMUNICATION

TM
AG
ENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Professional Service Agreement with Quest Media and Supplies Inc., for Information Technology Business Continuity and Disaster Recovery Planning and Appropriating Funds (64,455.94) Not to Exceed ($95,000)
M
EETING DATE: January 5, 2022
P
REPARED BY: Information Technology Manager
RE
COMMENDED ACTION: Adopt resolution authorizing City Manager to execute professional service agreement with Quest Media and Supplies. Inc., for Information Technology business continuity and disaster recovery planning and appropriating funds ($64,455.94) not to exceed $95,000
BACKGROUND INFORMATION: The City’s cyber infrastructure has varying degrees of complexity of technology. Any event that can cause disruption to the City’s business processes will inevitably involve Information Technology (I.T.). The City would then be reliant on I.T.’s ability to supply services during the incident. The use of a business continuity and disaster recovery document would contain detailed instructions on how to respond to unplanned incidents, such as natural disasters, power outages or cyber-attacks. A disaster recovery document would comprehensively explain the consistent actions of I.T., before, during, and after an incident.

Quest Technology is a reputable company that has worked with the City on several projects including video surveillance and Wi-Fi deployment. Quest has unique knowledge of the City’s network infrastructure from working projects with the City’s I.T. department.

Staff recommends authorizing City Manager to execute Professional Services Agreement with Quest Media and Supplies Inc., to assist I.T. in creating a business continuity and disaster recovery document.

The document would comprehensively clarify actions I.T. must follow, expediting service recovery to affected departments, before, during and after an incident occurs. Staff recommends appropriating the remaining funds from the I.T. Security Grant given to the City by the State of California with a remaining balance of $64,455.94, which includes interest earnings. The remaining project funding is budgeted in the 21/22 budget in I.T. operating funds, $30,544.06, not to exceed $95,000.

F
ISCAL IMPACT: Working from a prepared document and plan will reduce excess time and expenditures during a disaster event.

FUNDING AVAILABLE: Staff recommends appropriating the remaining funds from the I.T. Security Grant from the State of California of $64,455.94 (21620400.72450). The remaining project funding of $30,544.06, is already available in the FY

21/22 budget in I.T. operating funds (10020400.72450). The total project not to exceed is $95,000.

_______________________________
Andrew Keys
Deputy City Manager

1 AGREEMENT FOR PROFESSIONAL SERVICES

ARTICLE 1

PARTIES AND PURPOSE

Section 1.1 Parties
THIS AGREEMENT is entered into on , 2022, by and between the CITY OF LODI, a municipal corporation (hereinafter “CITY”), and Quest Media & Supplies, a California Corporation (hereinafter “CONTRACTOR”).

Section 1.2 Purpose
CITY selected the CONTRACTOR to provide the services required in accordance with attached Scope of Services, Exhibit A, attached and incorporat ed by this reference.

CITY wishes to enter into an agreement with CONTRACTOR for Business Continuity & Disaster Recovery Planning (hereinafter “Project”) as set forth in the Scope of Services attached here as Exhibit A. CONTRACTOR acknowledges that it is qualified to provide such services to CITY.

ARTICLE 2

SCOPE OF SERVICES

Section 2.1 Scope of Services
CONTRACTOR, for the benefit and at the direction of CITY, shall perform the Scope of Services as set forth in Exhibit A.

Section 2.2 Time For Commencement and Completion of Work CONTRACTOR shall commence work pursuant to this Agreement, upon receipt of a written notice to proceed from CITY or on the date set forth in Section 2.6, whichever occurs first, and shall perform all services diligently and complete work under this Agreement based on a mutually agreed upon timeline or as otherwise designated in the Scope of Services.

CONTRACTOR shall submit to CITY such reports, diagrams, drawings and other work products as may be designated in the Scope of Services.

CONTRACTOR shall not be responsible for delays caused by the failure of CITY staff to provide required data or review documents within the appropriate time frames.

The review time by CITY and any other agencies involved in the projec t shall not be counted against CONTRACTOR’s contract performance period. Also, any delays due to 2 weather, vandalism, acts of God, etc., shall not be counted. CONTRACTOR shall remain in contact with reviewing agencies and make all efforts to review and return all comments.

Section 2.3 Meetings
CONTRACTOR shall attend meetings as may be set forth in the Scope of Services.

Section 2.4 Staffing
CONTRACTOR acknowledges that CITY has relied on CONTRACTOR ’s capabilities and on the qualifications of CONTRACTOR’s principals and staff as identified in its proposal to CITY. The Scope of Services shall be performed by CONTRACTOR, unless agreed to otherwise by CITY in writing. CITY shall be notified by CONTRACTOR of any change of Project Manager and CITY is granted the right of approval of all original, additional and replacement personnel at CITY’s sole discretion and shall be notified by CONTRACTOR of any changes of CONTRACTOR’s project staff prior to any change.

CONTRACTOR represents it is prepared to and can perform all services within the Scope of Services (Exhibit A) and is prepared to and can perform all services specified therein. CONTRACTOR represents that it has, or will have at the time this Agreement is executed, all licenses, permits, qualifications, insurance and approvals of whatsoever nature are legally required for CONTRACTOR to practice its profession, and that CONTRACTOR shall, at its own cost and expense, keep in effect during the life of this Agreement all such licenses, permits, qualifications , insurance and approvals, and shall indemnify, defend and hold harmless CITY against any costs associated with such licenses, permits, qualifications, insurance and approvals which may be imposed against CITY under this Agreement.

Section 2.5 Subcontracts
Unless prior written approval of CITY is obtained, CONTRACTOR shall not enter into any subcontract with any other party for purposes of providing any work or services covered by this Agreement.

Section 2.6 Term
The term of this Agreement commences on January 10, 2022 and terminates upon the completion of the Scope of Services or on January 9, 20 23, whichever occurs first.
3 ARTICLE 3

COMPENSATION

Section 3.1 Compensation
CONTRACTOR’s compensation for all work under this Agreement shall conform to the provisions of the Fee Proposal, attached hereto as Exhibit B and incorporated by this reference.

CONTRACTOR shall not undertake any work beyond the scope of this Agreement unless such additional work is approved in advance and in writing by CITY.

Section 3.2 Method of Payment
CONTRACTOR shall submit invoices for completed work on a monthly basis, or as otherwise agreed, providing, without limitation, details as to amount of hours, individual performing said work, hourly rate, and indicating to what aspect of the Scope of Services said work is attributable. CONTRACTOR ’s compensation for all work under this Agreement shall not exceed the amount of the Fee Proposal.

Section 3.3 Costs
The Fee Proposal shall include all reimbursable costs required for the performance of the Scope of Services. Payment of additional reimbursable costs considered to be over and above those inherent in the original Scope of Services shall be approved in advanced and in writing, by CITY.

Section 3.4 Auditing
CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under this Agreement. Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary inf ormation and assistance needed to conduct such an audit.

CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of this Agreement.

CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this requirement. CONTRACTOR further agrees to maintain such records for a period of three (3) years after final payment under this Agreement.

4 ARTICLE 4

MISCELLANEOUS PROVISIONS

Section 4.1 Nondiscrimination
In performing services under this Agreement, CONTRACTOR shall not discriminate in the employment of its employees or in the engagement of any sub CONTRACTOR on the basis of race, c olor, religion, sex, sexual orientation, marital status, national origin, ancestry, age, or any other criteria prohibited by law.

Section 4.2 ADA Compliance
In performing services under this Agreement, CONTRACTOR shall comply with the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well as all applicable regulations and guidelines issued pursuant to the ADA.

Section 4.3 Indemnification and Responsibility for Damage CONTRACTOR to the fullest extent permitted by law, shall indemnify and hold harmless CITY, its elected and appointed officials, directors, officers, employees and volunteers from and against any claims, damages, losses, and expenses (including reasonable attorney’s fees and costs), arising out of performance of the services to be performed under this Agreement, provided that any such claim, damage, loss, or expense is caused by the negligent acts, errors or omissions of CONTRACTOR, any subcontractor employed directly by CONTRACTOR, anyone directly or indirectly employed by any of them, or anyone for whose acts they may be liable, except those injuries or damages arising out of the active negligence, sole negligence, or sole willful misconduct of the City of Lodi , its elected and appointed officials, directors, officers, employees and volunteers. CITY may, at its election, conduct the defense or participate in the defense of any claim related in any way to this indemnification. If CITY chooses at its own election to conduct its own defense, participate in its own def ense, or obtain independent legal counsel in defense of any claim related to this indemnification, CONTRACTOR shall pay all of the costs related thereto, including without limitation reasonable attorney fees and costs. The defense and indemnification obli gations required by this Agreement are undertaken in addition to, and shall not in any way be limited by the insurance obligations set forth herein.

Section 4.4 No Personal Liability
Neither the City Council, nor any other officer or authorized assistant or agent or City employee shall be personally responsible for any liability arising under this Agreement.
5 Section 4.5 Responsibility of CITY
CITY shall not be held responsible for the care or protection of any material or parts of the work described in the Scope of Services prior to final acceptance by CITY, except as expressly provided herein.

Section 4.6 Insurance Requirements for CONTRACTOR
CONTRACTOR shall take out and maintain during the life of this Agreement, insurance coverage as set forth in Exhi bit C attached hereto and incorporated by this reference.

Section 4.7 Successors and Assigns
CITY and CONTRACTOR each bind themselves, their partners, successors, assigns, and legal representatives to this Agreement without the written consent of the others. CONTRACTOR shall not assign or transfer any interest in this Agreement without the prior written consent of CITY. Consent to any such transfer shall be at the sole discretion of CITY.

Section 4.8 Notices
Any notice required to be given by the terms of this Agreement shall be in writing signed by an authorized representative of the sender and shall be deemed to have been given when the same is personally served or upon receipt by express or overnight delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class or certified mail, postage prepaid, addressed to the respective parties as follows:

To CITY: City of Lodi
221 West Pine Street
P.O. Box 3006
Lodi, CA 95241-1910
Attn: Benjamin Buecher

To CONTRACTOR: Quest Media & Sujpplies, Inc.
9000 Foothills Blvd.

Roseville, CA 95747
Attn: Vladmir Pivtorak

Section 4.9 Cooperation of CITY
CITY shall cooperate fully and in a timely manner in providing relevant information it has at its disposal relevant to the Scope of Services.

Section 4.10 CONTRACTOR is Not an Employee of CITY
CONTRACTOR agrees that in undertaking the duties to be performed under this Agreement, it shall act as an independent contractor for and on behalf of CITY and not an employee of CITY. CITY shall not direct the work and means for accomplishment of 6 the services and work to be performed hereunder. CITY, however, retains the right to require that work performed by CONTRACTOR meet specific standards without regard to the manner and means of accomplishment thereof.

Section 4.11 Termination
CITY may terminate this Agreement, with or without cause, by giving CONTRACTOR at least ten (10) days written notice. Where phases ar e anticipated within the Scope of Services, at which an intermediate decision is required concerning whether to proceed further, CITY may terminate at the conclusion of any such phase.

Upon termination, CONTRACTOR shall be entitled to payment as set forth in the attached Exhibit B to the extent that the work has been performed. Upon termination, CONTRACTOR shall immediately suspend all work on the Project and deliver any documents or work in progress to CITY. However, CITY shall assume no liability for costs, expenses or lost profits resulting from services not completed or for contracts entered into by CONTRACTOR with third parties in reliance upon this Agreement.

Section 4.12 Confidentiality
CONTRACTOR agrees to maintain confidentiality of all work and work products produced under this Agreement, except to the extent otherwise required by law or permitted in writing by CITY. CITY agrees to maintain confidentiality of any documents owned by CONTRACTOR and clearly marked by CONTRACTOR as “Confidential” or “Proprietary”, except to the extent otherwise required by law or permitted in writing by CONTRACTOR. CONTRACTOR acknowledges that CITY is subject to the California Public Records Act.

Section 4.13 Applicable Law, Jurisdiction, Severability, and Attorney’s Fees This Agreement shall be governed by the laws of the State of California.

Jurisdiction of litigation arising from this Agreement shall be venued with the San Joaquin County Superior Court. If any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of this Agreement shall be in force and effect. In the event any dispute between the parties arises under or regarding this Agreement, the prevailing party in any litigation of the dispute shall be entitled to reasonable attorney’s fees from the party who does not prevail as determined by the San Joaquin County Superior Court.

7 Section 4.14 City Business License Requirement
CONTRACTOR acknowledges that Lodi Municipal Code Section 3.01.020 requires CONTRACTOR to have a city business license and CONTRACTOR agrees to secure such license and pay the appropriate fees prior to performing any work hereunder.

Section 4.15 Captions
The captions of the sections and subsections of this Agreement are for convenience only and shall not be deemed to be relevant in resolving any question or interpretation or intent hereunder.

Section 4.16 Integration and Modification
This Agreement represents the entire understanding of CITY and CONTRACTOR as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing, signed by both parties.

Section 4.17 Contract Terms Prevail
All exhibits and this Agreement are intended to be construed as a single document. Should any inconsistency occur between the specific terms of this Agreement and the attached exhibits, the terms of this Agreement shall prevail.

Section 4.18 Severability
The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

Section 4.19 Ownership of Documents
All documents, photographs, reports, analyses, audits, computer media, or other material documents or data, and working papers, whether or not in final form, which have been obtained or prepared under this Agreement, shall be deemed the property of CITY. Upon CITY’s request, CONTRACTOR shall allow CITY to inspect all such documents during CONTRACTOR’s regular business hours. Upon termination or completion of services under this Agreement, all information collected, work product and documents shall be delivered by CONTRACTOR to CITY within ten (10) calendar days.

CITY agrees to indemnify, defend and hold CONTRACTOR harmless from any liability resulting from CITY’s use of such documents for any purpose other than the purpose for which they were intended.

8 Section 4.20 Authority
The undersigned hereby represent and warrant that they are authorized by the parties to execute this Agreement.

Section 4.21 Federal Transit Funding Conditions
If the box at left is checked, the Federal Transit Funding conditions attached as Exhibit D apply to this Agreement. In the event of a conflict between the terms of this Agreement or any of its other exhibits, and the Federal Transit Funding Conditions, the Federal Transit Funding Conditions will control.

Section 4.22 Counterparts and Electronic Signatures
This Agreement and other documents to be delivered pursuant to this Agreement may be executed in one or more counterparts, each of which will be deemed to be an original copy and all of which, when taken together, will be deemed to constitute one and the same agreement or document, and will be effective when counterparts have been signed by each of the parties and delivered to the other parties. Each party agrees that the electronic sig natures, whether digital or encrypted, of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Delivery of a copy of this Agreement or any other document contemplated hereby, bearing an original manual or electronic signature by facsimile transmission (including a facsimile delivered via the Internet), by electronic mail in “portable document format” (“.pdf”) or similar format intended to preserve the original graphic and pictorial appearance of a document, or through the use of electronic signature software will have the same effect as physical delivery of the paper document bearing an original signature.
#
#
#
#
#
#
#
#
#
#
#

7.1. Business Continuity Workshop Summary Presented to:

Workshop Performed on: December 9, 2020

City of Lodi Workshop Summary Professional Services
1/19/21 Quest ã 2020. Quest®, , and How can we help?® are registered trademarks of Quest Media & Supplies, Inc. All Rights Reserved. CONFIDENTIAL Page 2

TABLE OF CONTENTS INTRODUCTION ............................................................................................................................................ 3 WORKSHOP FINDINGS ................................................................................................................................. 3 DISCOVERY .................................................................................................................................................. 3 OVERVIEW – BUSINESS CONTINUITY PLANNING ...................................................................................... 3 EXECUTIVE SUMMARY ................................................................................................................................ 5 BUSINESS IMPACT ANALYSIS – RISK ASSESSMENT ................................................................................... 7 BUSINESS CONTINUITY PLAN ...................................................................................................................... 7 TECHNICAL RECOVERY RUNBOOK – IT/DR PLAN ................................................................................... 8 QUEST PROFESSIONAL SERVICES RATES .................................................................................................. 8 POINTS OF CONTACT ................................................................................................................................... 9 City of Lodi Workshop Summary Professional Services
1/19/21 Quest ã 2020. Quest®, , and How can we help?® are registered trademarks of Quest Media & Supplies, Inc. All Rights Reserved. CONFIDENTIAL Page 3

INTRODUCTION Quest Technology Management (Quest) is pleased to provide this Workshop Summary to City of Lodi (Client). The content of this Workshop Summary is based on Client’s business objectives and requirements. WORKSHOP FINDINGS Following are the findings and recommendations based on the Business Continuity Workshop performed on December 9, 2020. The following are items Quest considers priorities and projects the team can perform for Client. Quest conducted a discovery session to discuss the organization’s critical business processes as well as disaster recovery and business continuity capabilities and identified the following information, risks, and issues. DISCOVERY Quest met with City of Lodi to review its technology environment and the current risks and impact to the organization if there were outages caused by multiple scenarios, including regional natural disasters (i.e., earthquakes, etc.), hardware or software failures, and data breaches causing loss of system access and potential data loss. OVERVIEW – BUSINESS CONTINUITY PLANNING • Quest met with City of Lodi to review and discuss its goals for the Business Continuity Plan (BCP). • Quest discussed the documentation and processes that are currently in place and determined formalized processes and procedures are lacking with no written or formalized documents. • Quest and City of Lodi discussed the approach to take to develop the organization’s Business Continuity Plan. This included conducting a company-wide Business Impact Analysis identifying critical departmental business processes and reviewing the risks associated with those processes. This would include a review of the current recovery capabilities from a business and technology stand point. The BIA will identify gaps and allow for the organization to accept or address these risks. Once the BIA is completed, the company can then begin to develop its Business Continuity Plan.

City of Lodi Workshop Summary Professional Services
1/19/21 Quest ã 2020. Quest®, , and How can we help?® are registered trademarks of Quest Media & Supplies, Inc. All Rights Reserved. CONFIDENTIAL Page 4

• The Business Continuity Plan should consist of Business, Technical, Crisis Communication, Emergency, and Executive Teams and processes. These teams will have specific responsibilities leading up to, during, and post disaster. Gathering information from these teams to develop the Business Continuity Plan is essential. Once the plan is developed, training and education for the teams will be needed. Training will come in the form of plan reviews along with practice and tabletop exercises. • The Business Impact Analysis portion of the project typically takes six to eight weeks and should be maintained and updated at least once per year or when there is significant change to the company’s business processes. • The Business Continuity Plan typically takes three to four months to complete, including team training and testing. This plan should be continuously reviewed and maintained, and ownership should be assigned to individuals. These individuals would be responsible for maintaining, testing, and training. Quest can assist with these responsibilities if needed. Below is the recommended Business Continuity Lifecycle.

For a successful Business Continuity Program, Quest recommends following these practices.

City of Lodi Workshop Summary Professional Services
1/19/21 Quest ã 2020. Quest®, , and How can we help?® are registered trademarks of Quest Media & Supplies, Inc. All Rights Reserved. CONFIDENTIAL Page 5

EXECUTIVE SUMMARY The Professional Practices for Business Continuity Management Objectives are as follows: 1. Program Initiation and Management • Establish the need for a business continuity program. • Obtain support and funding for the business continuity program. • Build the organizational framework to support the business continuity program. • Introduce key concepts, such as program management, risk awareness, identification of critical functions/processes, recovery strategies, training and awareness, and exercising/testing. 2. Risk Assessment • Identify risks that can adversely affect an entity’s resources or image. • Assess risks to determine the potential impacts to the entity, enabling the entity to determine the most effective use of resources to reduce these potential impacts. 3. Business Impact Analysis • Identify and prioritize the entity’s functions and processes in order to ascertain which ones will have the greatest impact should they not be available. • Assess the resources required to support the business impact analysis process. • Analyze the findings to ascertain any gaps between the entity’s requirements and its ability to deliver those requirements. 4. Business Continuity Strategies • Select cost-effective strategies to reduce deficiencies as identified during the risk assessment and business impact analysis processes. 5. Incident Response • Develop and assist with the implementation of an incident management system that defines organizational roles, lines of authority, and succession of authority. • Define requirements to develop and implement the entity’s incident response plan.

City of Lodi Workshop Summary Professional Services
1/19/21 Quest ã 2020. Quest®, , and How can we help?® are registered trademarks of Quest Media & Supplies, Inc. All Rights Reserved. CONFIDENTIAL Page 6

• Ensure that incident response is coordinated with outside organizations in a timely and effective manner when appropriate. 6. Plan Development and Implementation • Document plans to be used during an incident that will enable the entity to continue to function. 7. Awareness and Training Programs • Establish and maintain training and awareness programs that result in personnel being able to respond to incidents in a calm and efficient manner. 8. Business Continuity Plan Exercise, Assessment, and Maintenance • Establish an exercise, assessment, and maintenance program to maintain a state of readiness. 9. Crisis Communications • Provide a framework for developing a crisis communication plan. • Ensure that the crisis communications plan will provide for timely, effective communication with internal and external parties. 10. Coordination with External Agencies • Establish policies and procedures to coordinate incident response activities with public entities.

City of Lodi Workshop Summary Professional Services
1/19/21 Quest ã 2020. Quest®, , and How can we help?® are registered trademarks of Quest Media & Supplies, Inc. All Rights Reserved. CONFIDENTIAL Page 7

RECOMMENDATIONS Based on conversations with the City of Lodi team, Quest recommends the following: BUSINESS IMPACT ANALYSIS – RISK ASSESSMENT Deliverables to be provided as part of this Statement of Work: • Complete a Business Impact Analysis/Risk Assessment document that identifies current DR/BCP processes and areas of risk and provides recommendations for addressing these risks. DESCRIPTION COST Business Impact Analysis – Risk Assessment $35,000.00 RECOMMENDATION Create a comprehensive Business Continuity Plan that will be efficient and effective during recovery of business operations due to multiple disaster scenarios. BUSINESS CONTINUITY PLAN Deliverables to be provided as part of this Statement of Work: • Develop and deliver a completed Business Continuity Plan based on working with Client’s Business, Technology, and Project Teams. Develop Executive, Business, Crisis Communication, Technical, and Emergency Recovery Teams and Processes. • Does not include a detailed Technical Recovery Runbook. This effort is scoped separately. DESCRIPTION COST Business Continuity Plan $35,000.00 City of Lodi Workshop Summary Professional Services
1/19/21 Quest ã 2020. Quest®, , and How can we help?® are registered trademarks of Quest Media & Supplies, Inc. All Rights Reserved. CONFIDENTIAL Page 8

TECHNICAL RECOVERY RUNBOOK – IT/DR PLAN Deliverables to be provided as part of this Statement of Work: • Develop and deliver a completed IT/DR plan defining and documenting step-by-step IT recovery processes and procedures for the City of Lodi IT infrastructure and environment. DESCRIPTION COST Technical Recovery Runbook – IT/DR Plan $25,000.00 QUEST PROFESSIONAL SERVICES RATES Remote (Quest NOC) Support (1 hr. min, billed in 15-minute increments) Cable Plant at Quest Data Center $88 per hr. Desktop/Printer $90 per hr. Project Coordinator $98 per hr. Video Surveillance, Access Control $110 per hr. Audio/Video, Video Conferencing $110 per hr. Engineering Consultant $195 per hr. Program or Project Manager $155 per hr. Sr. Engineering Consultant $225 per hr. Engineering Architect Consultant/Application Architect Consulting $240 per hr. Security Incident Emergency Response Resource $275 per hr. On-Site Scheduled Support (8 hr. min, scheduled 24 hrs. in advance) Data Cabling $95 per hr. Desktop/Printer $95 per hr. Project Coordinator $125 per hr. Video Surveillance, Access Control $125 per hr. Audio/Video, Video Conferencing $125 per hr. Engineering Consultant $210 per hr. Program or Project Manager $160 per hr. Sr. Engineering Consultant $240 per hr. Engineering Architect Consultant/Application Architect Consulting $275 per hr. Security Incident Emergency Response Resource $275 per hr.

City of Lodi Workshop Summary Professional Services
1/19/21 Quest ã 2020. Quest®, , and How can we help?® are registered trademarks of Quest Media & Supplies, Inc. All Rights Reserved. CONFIDENTIAL Page 9

After Hours Technical Support (4 hr. min, less than 24 hr. notice and/or after hrs./weekends) Data Cabling $110 per hr. Desktop/Printer $130 per hr. Video Surveillance, Access Control $150 per hr. Audio/Video, Video Conferencing $175 per hr. Router, Switch, Server, or Storage $250 per hr. Sr. Engineering Consultant $275 per hr. Engineering Architect Consultant/Application Architect Consulting $295 per hr. POINTS OF CONTACT Quest Primary Contact: Shawn Davidson – VP of Risk Management Email: [email protected] Phone: 916-338-7070 Quest Primary Contact: Julie Martens – Programs Manager Email: [email protected] Phone: 916-779-7536 RESOLUTION NO. 2022-____

A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE

CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH QUEST MEDIA AND SUPPLY, INC., OF ROSEVILLE, FOR

INFORMATION TECHNOLOGY BUSINESS CONTINUITY AND DISASTER RECOVERY PLANNING; AND FURTHER APPROPRIATING FUNDS
========================================================================

WHEREAS, the City’s cyber infrastructure has varying degrees of complexity of technology, and any event that can cause disruption to the City’s business processes will inevitably involve Information Technology; and

WHEREAS, a business continuity and disaster recovery document would contain detailed instructions on how to respond to unplanned incidents, such as natural disasters, power outages or cyber-attacks; and

WHEREAS, Quest has unique knowledge of the City’s network infrastructure from working projects with the City’s I.T. Division; and

WHEREAS, staff recommends authorizing the City Manager to execute a Professional Services Agreement with Quest Media and Supplies , Inc., to assist I.T. in creating a business continuity and disaster recovery document; and

WHEREAS, staff recommends appropriating remaining funds from I.T. Security Grant with a balance of $64,455.94, which includes interest earnings to account 21620400.72450 .

Remaining balance funding is budgeted in the 21/22 budget cycle in I.T. operating funds, $30,544.06, not to exceed $95,000.

NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby authorize the City Manager to execute a Professional Services Agreement with Quest Media and Supplies, Inc., of Roseville, California, to assist I.T. in creating a business continuity and disaster recovery document, in an amount not to exceed $95,000; and

BE IT FURTHER RESOLVED that funds be appropriated as set forth above; and

BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol Manual (adopted 11/6/19, Resolution 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 make clerical corrections as necessary.

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

I hereby certify that Resolution No. 2022-____as 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-____
AGENDA ITEM C-09
APPR
OVED: _________________________________
Stephen Schwabauer, City Manager
\\cvcfilv01\administration$\Shared\cityclerk\Agenda\2022\010522\PW - Garland PSA Amendment\CPSA_Amendment_garland_HSS Slope AB REVISED JB.DOC 12/28/2021

CITY OF LODI

COUNCIL COMMUNICATION
TM
AG
ENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Amendment to the Professional Services Agreement with Garland/DBS, Inc., of Cleveland, OH, for Hutchins Street Square Roof Repair Project Phase 4 and Transfer Funds ($16,239) M
EETING DATE: January 5, 2022
P
REPARED BY: Public Works Director
RE
COMMENDED ACTION: Adopt resolution authorizing City Manager to execute Amendment to the Professional Services Agreement with Garland/DBS, Inc., of Cleveland, OH, for Hutchins Street Square Roof Repair Project Phase 4, and transfer funds in the amount of $16,239.03.

B
ACKGROUND INFORMATION: The City Council authorized the execution of a Professional Service Agreement (PSA) with Garland/DBS, Inc. on August 18, 2021 in the amount of $519,325. The work is to replace a portion of the sloped roof at Hutchins Street Square.

T
he contractor removed the existing metal roof panels and discovered many areas had dry rot damage and required replacement of the wooden members of the roof. The amount of damage exceeded the approved project contingencies amount by $11,342.03.

D
uring the October 22, 2021 rain storm, Parks staff discovered there were multiple leaks at Hutchins Street Square. Staff contracted Garland to see if the leaks were resulted from the on-going repair work.

Garland did the investigation and discovered that the leaks were in the area of the flat roof which is outside their work area. As the rain continued, Staff determined it was urgent to stop the leaks as soon as possible and authorized the repair to prevent rain damage to the facility interior. The cost of the repair was $4,897.00.

C
ombining the dry rot repair and the emergency repair of the flat roof, staff is requesting a transfer of funds in the amount of $16,239.03 to cover the extra work. The replacement of the sloped portion of the roof is nearly completed and considered waterproof. Garland/DBS, Inc. will return in early spring to complete the protective seal coat which adds additional protection but must be applied in warmer temperatures.

S
taff recommends Council adopt a resolution authorizing the City Manager to execute an amendment to the Professional Services Agreement with Garland/DBS, Inc., of Cleveland, OH, for the Hutchins Street Square Roof Repair Project Phase 4, and transfer funds in the amount of $16,239.03. Staff proposes to transfer funds allocated for the FY 20/21 Grape Bowl Turf Project, as that project is projected to cost less than anticipated.

Adopt Resolution Authorizing City Manager to Execute Amendment to the Profes sional Services Agreement with Garland/DBS, Inc., of Cleveland, OH, for Hutchins Street Square Roof Repair Project Phase 4 and Appropriate Fund ($16,239) January 5, 2022

\\cvcfilv01\administration$\Shared\cityclerk\Agenda\2022\010522\PW - Garland PSA Amendment\CPSA_Amendment_garland_HSS Slope AB REVISED JB.DOC 12/28/2021 FISCAL IMPACT: Repairing the leaking roof will reduce repair costs for the interior spaces damaged by water.

FUNDING AVAILABLE: Requested Transfer:

From: Grape Bowl Turf Project (PKCP-22003 Contracts)
To: HSS Sloped Roof Project (GFCP-20006.Contract.Parks) $16,239.03

_______________________________________
Andrew Keys
Deputy City Manager/Internal Services Director

_______________________________
Charles E. Swimley, Jr.

Public Works Director
Prepared by Lyman Chang, Deputy Public Works Director/City Engineer CES/LC/cd
Attachments

Cc Park and Recreation and Cultural Services Director
Management Analyst – Areida-Yadav
Facilities Superintendent
Garland /DBS, Inc.

Project Title: #192
District Nos: 5 Project Length Priority High
Expenditure Prior Years FY 20/21
Estimate
FY 21/22
Budget
FY 22/23 FY 23/24 FY 24/25 FY 25/26 Future Yrs Total
Contracts - $ 838,761 $ 838,761$
Internal Staff - $ 25,000 $ 25,000$ Total Capital Costs - $ - $ 863,761$ - $ - $ - $ - $ - $ 863,761$ Funding Source(s) Prior Years FY 20/21
Estimate
FY 21/22
Budget
FY 22/23 FY 23/24 FY 24/25 FY 25/26 Future Yrs Total
432 - Parks&Rec Capital - $ 863,761 $ 863,761$ Total Project Financing -$ - $ 863,761$ - $ - $ - $ - $ - $ 863,761$ Section IV
Operating Cost or (savings) Prior Years FY 20/21
Estimate
FY 21/22
Budget
FY 22/23 FY 23/24 FY 24/25 FY 25/26 Future Yrs Total
Personnel - $ -$
Other Operating Costs - $ -$
Total Operating Impact - $ - $ - $ - $ - $ - $ - $ - $ - $ Operating Budget Impact
Capital Improvement Plan
FY 2021-2022
The field will not be able to be used if this turf is not replaced timely.

Additional Information
In August of 2019 staff had a Field Turf representative perform a field inspection on the existing turf that was installed in 2009/2010. During that inspection by the Field Turf rep, he determined that due to the increased play of athletic events on the playing surface the Field Turf and the Brock drainage panels should be replaced in 3 to 4 years. The play-ability of the turf is wearing down, seams are starting to show, along with the turf fibers breaking down due to the athletic cleats starting, stopping and twisting on the surface. The Field Turf rep also stated if the turf is not replaced within the 3 to 4 year recommendation, that the field surface would need a G-Max testing to allow for play to take place on the existing surface.

Justification/factor driving project
Replace the artificial turf at the Grape Bowl
Replace Artificial Turf at the Grape Bowl PKCP-22003Munis Project Code:

Section I: Description
Section II: Estimated Project Costs
Section III: Funding Sources/Methods of Financing
#13
District Nos: 3 Project Length7/19-6/22Priority Normal
Section II
Expenditure Prior Years FY 20/21
Estimate
FY 21/22
Budget
FY 22/23 FY 23/24 FY 24/25 FY 25/26 Future Yrs Total
Contracts 100,000 $ 436,239 $ N/A 536,239$
Total Capital Costs 100,000 $ - $ 436,239$ - $ - $ - $ -$ N/A 536,239$ Section III
Funding Source(s) Prior Years FY 20/21
Estimate
FY 21/22
Budget
FY 22/23 FY 23/24 FY 24/25 FY 25/26 Future Yrs Total
431 - Capital Outlay/General Fund 100,000$ N/A 100,000$ 432 - Parks&Rec Capital - $ 436,239 $ N/A 436,239$ Total Project Financing 100,000$ - $ 436,239$ - $ - $ - $ -$ N/A 536,239$ Section IV
Operating Cost or (savings) Prior Years FY 20/21
Estimate
FY 21/22
Budget
FY 22/23 FY 23/24 FY 24/25 FY 25/26 Future Yrs Total
Personnel - $ -$
Other Operating Costs - $ -$
Total Operating Impact - $ - $ - $ - $ - $ - $ -$ - $ - $ Funding Sources/Methods of Financing
Operating Budget Impact
Estimated Project Costs
Section I:Description
Capital Improvement Program - Maintenance
Additional Information
The existing sloped metal roof is deteriorating and is in need of replacement.

Justification/factor driving project
Remove and replace existing sloped metal with new roofing system.

Munis Project Code:

FY 2021-2022
Maintenance Project Title:HSS Sloped Roof Replacement Ph. 1 GFCP-20006 RESOLUTION NO. 2022-____

A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE

CITY MANAGER TO EXECUTE AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH GARLAND/DBS, INC., OF CLEVELAND,

OHIO, FOR HUTCHINS STREET SQUARE ROOF REPAIR PROJECT
PHASE 4; AND FURTHER TRANSFERRING FUNDS
========================================================================

WHEREAS, on April 18 , 2021, City Council authorized the execution of a Prof essional Service Agreement with Garland/DBS, Inc. , in the amount of $519,325 to replace a portion of the sloped roof at Hutchins Street Square; and

WHEREAS, the contractor removed the existing metal roof panels and discovered many areas had dry rot damage and required replacement of the wooden members of the roof which exceeded the approved project contingencies amount; and

WHEREAS, during the October 22, 2021 rain storm, Parks staff discovered multiple leaks at Hutchins Street Square and determined it was urgent to stop the leaks as soon as possible and authorized Garland/DBS, Inc., to make the repairs to prevent rain damage to the facility interior at a cost of $4,897; and

WHEREAS, staff recommends authorizing the City Manager to execute an amendment to the Professional Services Agreement with Gar land/DBS, Inc., of Cleveland, Ohio , for the Hutchins Street Square Roof Repair Project Phase 4; and

WHEREAS, staff further recommends transferring funds in the amount of $16,239.03 from the Grape Bowl Turf Project (PKCP -22003 Contracts) to the HSS Sloped Roof Project (GFCP-20006.Contracts.Parks).

NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager execute an amendment to the Professional Services Agreement with Garland/DBS, Inc., of Cleveland, Ohio, for the Hutchins Street Square Roof Repair Project Phase 4; and

BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize transferring funds as set forth above; and

BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol Manual (adopted 11/6/19, Resolution 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 C-10
APPROVED: _________________________________
Stephen Schwabauer, City Manager
\\Pwadc02\msc$\GROUP\ADMIN\Council\2022\01052022\Clean Energy\CC-CleanEnergy2021PSA.doc 12/20/2021

CITY OF LODI

COUNCIL COMMUNICATION
TM
AG
ENDA TITLE: Adopt Resolution Rescinding Resolution No. 2021-258 and Authorizing City Manager to Execute Professional Services Agreement with Clean Energy, of Newport Beach, for Monthly and Preventative Maintenance and Repairs of Compressed Natural Gas Fueling Station ($175,000)
M
EETING DATE: January 5, 2022
P
REPARED BY: Public Works Director
RE
COMMENDED ACTION: Adopt resolution rescinding Resolution No. 2021-258 and authorizing City Manager to execute Professional Services Agreement with Clean Energy, of Newport Beach, for monthly and preventative maintenance and repairs of compressed natural gas fueling station, in the amount of $175,000.

B
ACKGROUND INFORMATION: Since 2015, the City has contracted with Clean Energy to perform monthly inspections and maintenance on the compressed natural gas (CNG) fueling station. The contract for the monthly inspections and maintenance includes labor and materials needed to perform maintenance, such as compressor oil, filters, and dryer elements. Also included in the contract is a provision for on-call repairs.

T
he CNG fueling station is heavily used and is critical to operations of the City’s transit vehicles and other CNG fleet vehicles. The agreement for monthly maintenance of the CNG fueling station ensures that the system is operating properly. The contractor performs monthly on-site inspections of the fueling station and performs routine maintenance that may be required at the time. Any major or emergency repairs will be charged at the quoted hourly rate, parts and materials cost, plus mark-up.

S
taff solicited three CNG Maintenance Contractors and only received one written quote from Clean Energy. Also included in the quote was an hourly rate and percent mark-up on parts and materials for on-call repairs. On September 15, 2021, Council adopted Resolution No. 2021-258 approving Professional Services Agreement (PSA). After Council authorization, Clean Energy requested changes to the PSA and some of the legal language. The requested revisions are acceptable to staff and are approved by the City Attorney. All other terms and conditions remain the same.

Parts &
Monthly Hourly Overtime Materials
Location Maintenance Rate* Rate* Markup
Clean Energy Newport Beach $ 2,695 $160.00 $ 240.00 30% Assembletronics Dallas, Texas No Bid
Trillium Houston, Texas No Bid
*Hourly rate for repairs performed outside of the monthly maintenance scope of work.

Adopt Resolution Rescinding Resolution No. 2021-258 and Authorizing City Manager to Execute Professional Services Agreement with Clean Energy, of Newport Beach, for Monthly and Preventative Maintenance and Repairs of Compressed Natural Gas Fu eling Station ($125,000) January 5, 2022

\\Pwadc02\msc$\GROUP\ADMIN\Council\2022\01052022\Clean Energy\CC-CleanEnergy2021PSA.doc 12/20/2021 The Professional Services Agreement, if approved, is for a two-year term, with an option for three (one) year extensions, for a total of five years, in an amount not-to-exceed $175,000, over the entire term of the agreement, including the optional extensions.

Staff recommends rescinding Resolution No. 2021-258 and authorizing City Manager to execute Professional Services Agreement with Clean Energy, of Newport Beach, for monthly and preventative maintenance and repairs of compressed natural gas fueling station, in the amount of $175,000.

FISCAL IMPACT: Routine monthly maintenance will reduce long term repair costs.

FUNDING AVAILABLE: Funding for this project is budgeted in Fiscal Year 2022/23 Fleet Services Operating account (65055000).

______________________________________
Andrew Keys
Deputy City Manager/Internal Services Director

_______________________________
Charles E. Swimley, P.E.

Public Works Director
Prepared by Randy Rigato Fleet Superintendent
CES/RR/tw
Attachment

AGREEMENT FOR PROFESSIONAL SERVICES

ARTICLE 1

PARTIES AND PURPOSE

Section 1.1 Parties
THIS AGREEMENT is entered into on ___________ 2022, by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY'), and CLEAN ENERGY, a California corporation (hereinafter "CONTRACTOR").

Section 1.2 Purpose
CITY selected the CONTRACTOR to provide the services required in accordance with attached Scope of Services, Exhibit A, attached and incorporated by this reference.

CITY wishes to enter into an agreement with CONTRACTOR for monthly inspections and preventative maintenance and repairs of Compressed Natural Gas Facility (hereinafter "Project") as set forth in the Scope of Services attached here as Exhibit A.

CONTRACTOR acknowledges that it is qualified to provide such services to CITY.

ARTICLE2

SCOPE OF SERVICES

Section 2.1 Scope of Services
CONTRACTOR, for the benefit and at the direction of CITY, shall perform the Scope of Services as set forth in Exhibit A.

Section 2.2 Time For Commencement and Completion of Work CONTRACTOR shall commence work pursuant to this Agreement, upon receipt of a written notice to proceed from CITY or on the date set forth in Section 2.6, whichever occurs first, and shall perform all services diligently and complete work under this Agreement based on a mutually agreed upon timeline or as otherwise designated in the Scope of Services.

CONTRACTOR shall submit to CITY such reports, diagra ms, drawings and other work products as may be designated in the Scope of Services.

CONTRACTOR shall not be responsible for delays caused by the failure of CITY staff to provide required data or review documents within the appropriate time frames. The review time by CITY and any other agencies involved in the project shall not be counted against CONTRACTOR's contract performance period. Also, any delays due to weather, vandalism, acts of God, etc., shall not be counted. CONTRACTOR shall

remain in contact with reviewing agencies and make all efforts to review and return all comments.

If either party is prevented from or delayed in performing its duties under this Agreement by circumstances beyond its control, whether or not foreseeable, including, without limitation, fires, typhoons, hurricanes, severe weather, floods, volcanic eruptions, pandemics, quarantines, war, civil disturbances, acts of terrorism, interruptions in utility services, the cessation of providing necessary products or services to CONTRACTOR by any supplier to CONTRACTOR, labor disputes, catastrophic equipment failures due to extraordinary events beyond the control of CONTRACTOR, acts of God, or threats of such circumstances, or any future laws, rules, regulations, orders, or acts of any local, state, federal, or provincial government (“Force Majeure”), then the affected party shall be excused from performance hereunder during the period of such disability. The party claiming Force Majeure shall promptly notify the other party when it learns of the existence of a Force Majeure condition and when the Force Majeure condition has terminated. Notwithstanding anything in this Agreement to the contrary, the term “Force Majeure” does not include, and a party shall not be excused from, any payment obligations hereunder.

Section 2.3 Meetings
CONTRACTOR shall attend meetings as may be set forth in the Scope of Services.

Section 2.4 Staffing
CONTRACTOR acknowledges that CITY has relied on CONTRACTOR's capabilities and on the qualifications of CONTRACTOR's principals and staff as identified in its proposal to CITY. The Scope of Services shall be performed by CONTRACTOR, unless agreed to otherwise by CITY in writing. CITY shall be notified by CONTRACTOR of any change of Project Manager and CITY is granted the right of approval of all original, additional and replacement personnel at CITY's sole discretion and shall be notified by CONTRACTOR of any changes of CONTRACTOR's project staff prior to any change.

CONTRACTOR represents it is prepared to and can perform all services within the Scope of Services (Exhibit A) and is prepared to and can perfor m all services specified therein. CONTRACTOR represents that it has, or will have at the time this Agreement is executed, all licenses, permits, qualifications, insurance and approvals of whatsoever nature are legally required for CONTRACTOR to practice it s profession, and that CONTRACTOR shall, at its own cost and expense, keep in effect during the life of this Agreement all such licenses, permits, qualifications, insurance and approvals, and shall

indemnify, defend and hold harmless CITY against any costs associated with such licenses, permits, qualifications, insurance and approvals which may be imposed against CITY under this Agreement.

Section 2.5 Subcontracts
Unless prior written approval of CITY is obtained, CONTRACTOR shall not enter into any subcontract with any other party for purposes of providing any work or services covered by this Agreement.

Section 2.6 Term
The term of this Agreement commences on October 1, 2021 and terminates upon the completion of the Scope of Services or on September 30, 2023, whichever occurs first.

Section 2.7 Option to Extend Term of Agreement
At its option, City may extend the terms of this Agreement for an additional three (3) one (1)-year extensions; provided, City gives Contractor no less than thirty (30) days written notice of its intent prior to expiration of the existing term. In the event City exercises any option under this paragraph, all other terms and conditions of this Agreement continue and remain in full force and effect.

The total duration of this Agreement, including the exercise of any option under this paragraph, shall not exceed five (5) years.

ARTICLE3

COMPENSATION

Section 3.1 Compensation
CONTRACTOR's compensation for all work under this Agreement shall conform to the provisions of the Fee Proposal, attached hereto as Exhibit B and incorporated by this reference.

CONTRACTOR shall not undertake any work beyond the scope of this Agreement unless such additional work is approved in advance and in writing by CITY.

All prices are exclusive of federal, state and local sales, use taxes and fees assessed by governmental agencies that are based, measures or determined by reference to the selling price, gallons, or gas sold or used in connection with this agreement. In addition, with respect to construction this includes sales tax that are assessed based on CONTRACTOR's or its subcontractor's costs. These taxes are the responsibility of CITY and are in addition to the price unless an applicable exemption certificate is provided.

Section 3.2 Prevailing Wage
The Contractor agrees to conform to the provisions of Chapter 1, Part 7, Division

2 of the Labor Code. The Contractor and any Subcontractor will pay the general prevailing wage rate and other employer payments for health and welfare, pension, vacation, travel time, and subsistence pay, apprenticeship or other training programs.

The responsibility for compliance with these Labor Code requirements is on the prime contractor.

Section 3.3 Method of Payment
CONTRACTOR shall submit invoices for completed work on a monthly basis, or as otherwise agreed, providing, without limitation, details as to amount of hours, individual performing said work, hourly rate, and indicating to what aspect of the Scope of Services said work is attributable. CITY shall pay such invoices within 30 days of receipt.

CONTRACTOR's compensation for all work under this Agreement shall not exceed the amount of the Fee Proposal.

Section 3.4 Costs
The Fee Proposal shall include all reimbursable costs required for the performance of the Scope of Services. Payment of additional reimbursable costs considered to be over and above those inherent in the original Scope of Services shall be approved in advanced and in writing, by CITY.

Section 3.5 (AB 626) Public Contract Code Section 9204 - Public Works Project Contract Dispute Resolution Procedure
Section 9204 of the California Public Contract Code {the "Code") provides a claim resolution process for "Public Works Project'' contracts, as defined, which is hereby incorporated by this reference, and summarized in the following:

Definitions:
"Claim" means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by the City under a contract for a Public Works Project. (8) Payment of money or damages arising from work done by, or on behalf of, a contractor pursuant to a contract for a Public Works Project and payment for which is not otherwise expressly provided or to which a claimant is not otherwise entitled. (C) Payment of an amount that is disputed by the City. "Public Works Project" means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind.

Claim Resolution Process:
(1) All Claims must be properly submitted pursuant to the Co de and include

reasonable documentation supporting the Claim. Upon receipt of a Claim, the City will conduct a reasonable review, and within a period not to exceed 45 days, will provide the claimant a written statement identifying the disputed and undisput ed portions of the Claim.

The City and contractor may, by mutual agreement, extend the time periods in which to review and respond to a Claim. If the City fails to issue a written statement, paragraph (3) applies.

Any payment due on a portion of the Claim deemed not in dispute by the City will be processed and made within 60 days after the City issues its written statement. (2) If the claimant disputes the City's response, or if the City fails to respond to a Claim within the time prescribed in the Code, the claimant may demand in writing, by registered mail or certified mail, return receipt requested, an informal conference to meet and confer for settlement of the issues in dispute, which will be conducted within 30 days of receipt.

If the Claim or any portion thereof remains in dispute after the meet and confer conference, the City will provide the claimant a written statement, within 10 business days, identifying the remaining disputed and undisputed portions of the Claim. Any payment due on an undisputed portion of the Claim will be processed and made within 60 days after the City issues its written statement. Any disputed portion of the Claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, as set forth in the Code, unless mutually waived and agreed, in writing, to proceed directly to a civil action or binding arbitration, as applicable.
(3) A Claim that is not responded to within the time requirements set forth in the Code is deemed rejected in its entirety. A Claim that is denied by reason of such failure does not constitute an adverse finding with regard to the merits of the Claim or the responsibility or qualifications of the claimant.
(4) Amounts not paid in a timely manner as required by the Code will bear interest at 7 percent per annum.
(5) Subcontractors or lower tier subcontractors that lack legal standing or privily of contract to assert a Claim directly against the City, may request in writing, on their behalf or the behal f of a lower tier subcontractor, that the contractor present a Claim to the City for work performed by the subcontractor or lower tier subcontractor.

The request shall be accompanied by reasonable documentation to support the Claim.

Within 45 days of recei pt of such written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the Claim to the City and, if the original contractor did not present the Claim, provide the subcontractor with a

statement of the reasons for not having done so.

The Claim resolution procedures and timelines set forth in the Code are in addition to any other change order, claim, and dispute resolution procedures and requirements set forth in the City contract documents, to the extent that they are not in conflict with the timeframes and procedures of the Code.

Section 3.6 Auditing
CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under this Agreement. Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance needed to conduct such an audit.

CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of this Agreement.

CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this requirement. CONTRACTOR further agrees to maintain such records for a period of three (3) years after final payment under this Agreement.

ARTICLE4

MISCELLANEOUS PROVISIONS

Section 4.1 Nondiscrimination
In performing services under this Agreement, CONTRACTOR shall not discriminate in the employment of its employees or in the engagement of any sub CONTRACTOR on the basis of race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, age, or any other criteria prohibited by law.

Section 4.2 ADA Compliance
In performing services under this Agreement, CONTRACTOR shall comply with the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well as all applicable regulations and guidelines issued pursuant to the ADA.

Section 4.3 Indemnification and Responsibility for Damage CONTRACTOR to the fullest extent permitted by law, shall indemnify and hold harmless CITY, its elected and appointed officials, directors, officers, employees and volunteers from and against any claims, damages, losses, and expenses (including reasonable attorney's fees and costs), arising out of performance of the services to be

performed under this Agreement, provided that any such claim, damage, loss, or expense is caused by the negligent acts, errors or omissions of CONTRACTOR, any subcontractor employed directly by CONTRACTOR, anyone directly or indirectly employed by any of them, or anyone for whose acts they may be liable, except those injuries or damages arising out of the active negligence, sole negligence, or sole willful misconduct of the City of Lodi, its elected and appointed officials, directors, officers, employees and volunteers. CITY may, at its election, conduct the defense or participate in the defense of any claim related in any way to this indemnification. If CITY chooses at its own election to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification, CONTRACTOR shall pay all of the costs related thereto, including without limitation reasonable attorney fees and costs. The defense and indemnification obligations required by this Agreement are undertaken in addition to, and shall not in any way be limited by the insurance obligations set forth herein.

Neither party shall have any liability to the other party for special, consequential, or incidental damages, except however in connection with a claim made against either party by a third party, provided that such claim arises out of or results from any claim within the scope of the indemnity obligations of Contractor or City , as applicable, under this Agreement.

Section 4.4 No Personal Liability
Neither the City Council, nor any other officer or authorized assistant or agent or City employee shall be personally responsible for any liability arising under this Agreement.

Section 4.5 Responsibility of CITY
CITY shall not be held responsible for the care or protection of any material or parts of the work described in the Scope of Services prior to final acceptance by CITY, except as expressly provided herein.

Section 4.6 Insurance Requirements for CONTRACTOR
CONTRACTOR shall take out and maintain during the life of this Agreement, insurance coverage as set forth in Exhibit C attached hereto and incorporated by this reference.

Section 4.7 Successors and Assigns
CITY and CONTRACTOR each bind themselves, their partners, successors, assigns, and legal representatives to this Agreement without the written consent of the others. CONTRACTOR shall not assign or transfer any interest in this Agreement without the prior written consent of CITY. Consent to any such transfer shall be at the sole discretion of CITY.

Section 4.8 Notices
Any notice required to be given by the terms of this Agreement shall be in writing signed by an authorized representative of the sender and shall be deemed to have been given when the same is personally served or upon receipt by express or overnight delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class or certified mail, postage prepaid, addressed to the respective parties as follows:

To CITY: City of Lodi
221 West Pine Street
P.O. Box 3006
Lodi, CA 95241-1910
Attn: Randy Rigato

To CONTRACTOR: Clean Energy
4675 Mac Arthur Court, Ste. 800
Newport Beach, CA 92660
Attn: Chad Lindholm
With a copy to: Associate General Counsel

Section 4.9 Cooperation of CITY
CITY shall cooperate fully and in a timely manner in providing relevant information it has at its disposal relevant to the Scope of Services.

Section 4.10 CONTRACTOR is Not an Employee of CITY
CONTRACTOR agrees that in undertaking the duties to be performed under this Agreement, it shall act as an independent contractor for and on behalf of CITY and not an employee of CITY. CITY shall not direct the work and means for accomplishment of the services and work to be performed hereunder. CITY, however, retains the right to require that work performed by CONTRACTOR meet specific standards without regard to the manner and means of accomplishment thereof.

Section 4.11 Termination
CITY may terminate this Agreement, with or without cause, by giving CONTRACTOR at least ten (10) days written notice. Where phases are anticipated within the Scope of Services, at which an intermediate decision is required concerning whether to proceed further, CITY may terminate at the conclusion of any such phase. Upon termination, CONTRACTOR shall be entitled to payment as set forth in the attached Exhibit B to the extent that the work has been performed. Upon termination, CONTRACTOR shall immediately suspend all work on the Project and deliver any documents or work in progress to CITY. However, CITY shall assume no liability for costs, expenses or lost profits resulting from services not completed or for contracts entered into by CONTRACTOR with third parties in reliance upon this Agreement.

Section 4.12 Confidentiality
CONTRACTOR agrees to maintain confidentiality of all work and work products produced under this Agreement, except to the extent otherwise required by law or permitted in writing by CITY. CITY agrees to maintain confidentiality of any documents owned by CONTRACTOR and clearly marked by CONTRACTOR as "Confidential" or "Proprietary", except to the extent otherwise required by law or permitted in writing by CONTRACTOR.

CONTRACTOR acknowledges that CITY is subject to the California Public Records Act.

Section 4.13 Applicable Law. Jurisdiction, Severability. and Attorney's Fees This Agreement shall be governed by the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be venued with the San Joaquin County Superior Court. If any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of this Agreement shall be in force and effect. In the event any dispute between the parties arises under or regarding this Agreement, the prevailing party in any litigation of the dispute shall be entitled to reasonable attorney's fees from the party who does not prevail as determined by the San Joaquin County Superior Court.

Section 4.14 City Business License Requirement
CONTRACTOR acknowledges that Lodi Municipal Code Section 3.01.020 requires CONTRACTOR to have a city business license and CONTRACTOR agrees to secure such license and pay the appropriate fees prior to performing any work hereunder.

Section 4.15 Captions
The captions of the sections and subsections of this Agreement are for convenience only and shall not be deemed to be relevant in resolving any question or interpretation or intent hereunder.

Section 4.16 Integration and Modification
This Agreement represents the entire understanding of CITY and CONTRACTOR as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing, signed by both parties.

Section 4.17 Contract Terms Prevail
All exhibits and this Agreement are intended to be construed as a single document.

Should any inconsistency occur between the specific terms of this· Agreement and the attached exhibits, the terms of this Agreement shall prevail.

Section 4.18 Severability
The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

Section 4.19 Ownership of Documents
All documents, photographs, reports, analyses, audits, computer media, or other material documents or data, and working papers, whether or not in final form, which have been obtained or prepared under this Agreement, shall be deemed the property of CITY.

Upon CITY's request, CONTRACTOR shall allow CITY to inspect all such documents during CONTRACTOR's regular business hours. Upon termination or completion of services under this Agreement, all information collected, work product and documents shall be delivered by CONTRACTOR to CITY within ten (10) calendar days.

CITY agrees to indemnify, defend and hold CONTRACTOR harmless from any liability resulting from CITY's use of such documents for any purpose other than the purpose for which they were intended.

Section 4.20 Authority
The undersigned hereby represent and warrant that they are authorized by the parties to execute this Agreement.

Section 4.21 Federal Transit Funding Conditions
Federal Transit Funding conditions do not apply to this Agreement.

Section 4.22 Counterparts and Electronic Signatures
This Agreement and other documents to be delivered pursuant to this Agreement may be executed in one or more counterparts, each of which will be deemed to be an original copy and all of which, when taken together, will be deemed to constitute one and the same agreement or document, and will be effective when counterparts have been signed by each of the parties and delivered to the other parties. Each party agrees that the electronic signatures, whether digital or encrypted, of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Delivery of a copy of this Agreement or any other document contemplated hereby, bearing an original manual or electronic signature by facsimile transmission (including a facsimile delivered via the Internet), by electronic mail in "portable document format" (".pdf') or similar format intended to preserve the original graphic and pictorial appearance of a document, or through the use of electronic signature software will have the same effect as physical delivery of the paper document bearing an original signature.

IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Agreement as of the date first above written.

ATTEST: CITY OF LODI, a municipal corporation

JENNIFER CUSMIR
City Clerk

STEPHEN SCHWABAUER
City Manager

APPROVED AS TO FORM:

JANICE D. MAGDICH, City Attorney
CLEAN ENERGY, a California corporation

By: By: _

Attachments:

Exhibit A - Scope of Services
Exhibit B - Fee Proposal
Exhibit C - Insurance Requirements
Name:

Title:

CHAD LINDHOLM
Vice President

Funding Source: 65055000.72499
(Business Unit & Account No.)

Doc ID:\lpwadc02\msc$\GROUP\ADMIN\Council\2021109152021\Clean Energy\PSA_Clean Energy_1.doc

CA:Rev.07.2021.elecsign

Request for Quotes EXHIBIT A
Monthly Inspection and Preventative Maintenance Services of Compressed Natural Gas Station

Exhibit A Monthly Insp PrevMaint RFP Scope 1

SCOPE OF SERVICES

1) Scope

The work shall include (a) monthly inspections (one per month) and (b) servicing of compressors, motors, instrumentation, piping/valves, pressure vessels, safety equipment, time-fill and fast-fill systems and dispensers, and ancillary equipment as identified during the monthly inspections and quoted separately. The inspection schedule shall be established to meet the Original Equipment Manufacturer’s recommended inspection requirements and intervals; at minimum, inspections shall be monthly. All labor for conducting monthly inspections shall be included in the CNG Inspections Monthly Fee set forth in Contractor’s fee proposal in Exhibit B (the “Fee Proposal”). All pricing for providing parts, performing repairs and maintenance shall be according to the Labor Rate and Overtime Rate (collectively, the “Call-Out Rates”) and Parts and materials plus markup rate (the “Parts Rate”) where applicable, as set forth in the Fee Proposal.

Only “Extra Work” that is authorized by the City of Lodi in writing prior to the start of said work will be allowed.

2) Tools and Equipment

The Contractor shall provide all necessary equipment needed to properly and efficiently diagnose problems and make repairs in the field including specialty tools and equipment when and where necessary.

3) Monthly CNG Inspections

The contractor shall perform an on-site inspection of the CNG system at least once per month as noted in the Monthly CNG Inspections Checklist of this Exhibit A to ensure that the system is operating properly . The cost of labor, equipment and consumables necessary to perform these inspections at the intervals recommended by the manufacturer or mandated by local State or Federal regulations, shall be included in the contractor’s CNG Inspections Monthly Fee. Site inspections shall be documented on a standard inspection form approved by the City. If, at the time of inspection, repairs are required, they shall be quoted pursuant to the Call-Out Rates and the Parts Rate set forth in the Fee Proposal and performed only after the Contractor receives written approval from the City of Lodi.

4) Repairs and Maintenance

The cost of labor, equipment and consumables necessary to perform repairs and maintenance, at intervals recommended by the manufacturer or mandated by local, State or Federal regulations, shall be charged at the Call-Out Rates and Parts Rate set forth in the Fee Proposal. Prior to performing such work, Contractor shall provide a quote to City, and Contractor shall not commence such work until Contractor’s receipt of written approval from City of Lodi authorizing such work. If replacement parts are available contractor shall utilize these parts first in accordance with paragraph 6 of this Scope of Services.

5) Emergency Repairs

Request for Quotes EXHIBIT A
Monthly Inspection and Preventative Maintenance Services of Compressed Natural Gas Station

Exhibit A Monthly Insp PrevMaint RFP Scope 2
In case of a system failure or malfunction, the Contractor shall provide a 24-hour phone or pager number and shall respond to any call-out within 60-minutes by phone and followed by an arrival on-site within 24-hours when deemed necessary by the City.

Work required to effect emergency repairs shall be billed on a time and expenses basis in accordance with the Call-Out Rates and the Parts Rate set forth in the Fee Proposal.

6) Replacement Parts

The City of Lodi maintains a minimal quantity of spare parts for the CNG system on-hand.

The contractor shall manage and control this inventory of spare parts and make recommendations for the procurement of replacement parts when needed (replacement parts will be purchased directly by the City or by the contractor based on the Parts Rate as established in the Fee Proposal). Should the Contractor determine that parts are needed that have not been supplied by the City in advance, the Contractor shall provide a list of materials needed to the City, in writing.

7) Documentation Requirements

The contractor shall document and record each system inspection, maintenance event and system repair performed over the life of the project in a form approved by the City. For each station site visit, documentation shall include – at a minimum – the date, time spent, description of work performed and readings or measurements taken, and any abnormal conditions observed. A copy of this documentation shall be remitted with the contractors invoice covering the work performed, and retained by the contractor as a record.

8) Existing Facilities

The Contractor will be held responsible for damage to existing facilities, structures, obstructions and all underground facilities that is caused by Contractor.

The City of Lodi shall be immediately notified of any damage that is caused by the operations of the Contractor to any facility, utility or structure. At the City of Lodi’s discretion, repairs shall be made by the Contractor at the owning utility's direction or by the utility, all to the satisfaction of the City Representative.

All removed material, unless otherwise specified, shall become the property of the Contractor and shall be disposed of legally, properly, and quickly.

All materials to be salvaged shall be delivered to the Municipal Service Center, 1331 S. Ham Lane, Lodi, California, during the hours of 8:00 a.m. to noon or 1:00 p.m. to 3:00 p.m. Payment for removed materials and delivering salvaged materials shall be in accordance with the Call-Out Rates and Parts Rate as set forth in the Fee Proposal.

10) CNG Fueling Station Equipment

The Contractor shall notify the City’s Representative, or his designee, 24-hours in advance of any planned or scheduled interruption in CNG Fueling Station service necessitated by the Contractor’s operations. The Contractor shall be responsible to notify the City’s Fleet

Request for Quotes EXHIBIT A
Monthly Inspection and Preventative Maintenance Services of Compressed Natural Gas Station

Exhibit A Monthly Insp PrevMaint RFP Scope 3
Services Shop of turn-offs or turn-ons. The Contractor shall not make said interruptions in service without the prior approval of said City representative. A City representative shall be present at all turn-offs or turn-ons unless otherwise indicated by the City Engineer.

All CNG Fueling Station equipment shall be maintained in accordance with the manufacturer’s recommendations. When a major CNG Fueling system component and/or auxiliary equipment becomes obsolete or deteriorated to the point of being beyond reasonable or cost effective repairs, Contractor shall report such conditions to the City’s Representative, in writing. Contractor shall prepare estimates showing the cost breakdown of labor for replacement of such fueling system components and/or auxiliary equipment, and submit this information to said City representative. Equipment, if ordered or authorized by the City’s Representative or his designee, will be paid for as extra work at the Call-Out Rates and Parts Rate set forth in the Fee Proposal.

11) Warranty Service

With respect to preexisting equipment, the City will provide the Contractor with a list of materials under warranty. Should any CNG Fueling Station component fail that is under warranty, the Contractor shall provide the City with a written list of failed equipment. The City will contact the manufacturers to schedule equipment replacement.

With respect to services performed by Contractor pursuant to this Agreement, for a period of one (1) month from the date of performance of such services (the “ Warranty Period”), Contractor warrants to City that the services shall be free from defects in workmanship (the “Warranty”).

If City gives Contractor prompt written notice of breach of this Warranty during the Warranty Period, Contractor shall, at its sole option and as City ’s sole remedy, either re- perform the service (City to provide Contractor with unencumbered access to the Property and equipment) or refund the purchase price therefor. City shall bear the costs of access for Contractor’s remedial Warranty efforts (including removal and replacement of systems, structures or other parts of City’s facility), de-installation, re-installation and transportation of the parts to Contractor and back to City. If Contractor determines that any claimed breach is not, in fact, covered by this Warranty, City shall pay Contractor its then customary charges for any re- performance completed by Contractor, or, in the event Contractor refunded City the purchase price, City shall return the purchase price to Contractor . Contractor ’s warranty is conditioned on City (a) operating and maintaining the applicable work in accordance with Contractor ’s instructions, (b) not making any unauthorized repairs or alterations, and (c) not being in default of any payment obligation to Contractor. Contractor’s warranty does not cover damage caused by chemical action or abrasive material, misuse or improper install ation (unless installed by Contractor ).

Warranty repair or replacement shall not extend or renew the applicable Warranty Period.

With respect to equipment, part(s) or material(s) provided by Contractor to City pursuant to this Agreement, Contractor hereby assigns to City, to the extent assignable, any warranties made to Contractor by the applicable manufacturer or supplier, and Contractor shall have no other liability to City related to the supplied equipment, part or material under warranty, tort or any other legal theory.

THE WARRANTIES SET FORTH IN THIS SECTION ARE CONTRACTOR’S SOLE AND EXCLUSIVE WARRANTIES. CONTRACTOR MAKES NO OTHER WARRANTIES OF ANY KIND, EXPRESS OR

Request for Quotes EXHIBIT A
Monthly Inspection and Preventative Maintenance Services of Compressed Natural Gas Station

Exhibit A Monthly Insp PrevMaint RFP Scope 4

IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS SECTION SHALL SURVIVE TERMINATION OF THE AGREEMENT.

12) Meetings

The Contractor’s representative performing inspections and preventative maintenance work shall be available to meet, when deemed necessary, with the City’s Representative or his designee at a mutually agreed upon time and place to review maintenance and all other activities.

13) Compensation for Monthly CNG Inspections

In consideration of the Contractor’s provision of the inspection services described below in the table Monthly CNG Inspections Checklist , the City shall pay said Contractor the CNG Inspections Monthly Fee set forth in the Fee Proposal.

14) Compensation for Extra Work

The City agrees to pay the Contractor the full amount of all extra work based on the Call- Out Rates and Parts Rate set forth in the Fee Proposal. This includes ALL WORK outside of the monthly inspection schedule. This includes any corrective repairs and minor or major preventative maintenance. It is anticipated that the Contractor owns all equipment necessary to perform the work and therefore NO additional payment will be made for equipment rental unless approved by City of Lodi through written authorization.

The Contractor shall contact the City’s Representative to obt ain prior approval before work is scheduled or performed under this provision. Upon City request the Contractor shall provide to the City verified invoiced charges with time cards and certified payroll records.

15) Intentionally Deleted.

16) Design Conditions
This CNG fueling station has been designed with the following pressure and temperature parameters:

Operating Pressure: 3600 psig
Design Pressure: 4500 psig
Design Temperature: 20°F to 110°F
Pneumatic Test Pressure: 4950 psig (for CNG piping)
Materials: All Piping and tubing shall be seamless

17) Samples of Equipment to be maintained
Greenfield Compressor
Compressor Type: C4U117 Station Serial Number : NGV-0276 Prime Mover: 125 HP Electric Motor
Compressor Block Serial Number: 700503

Request for Quotes EXHIBIT A
Monthly Inspection and Preventative Maintenance Services of Compressed Natural Gas Station

Exhibit A Monthly Insp PrevMaint RFP Scope 5

Sulzer Compressor
CompressorType: C4U 117.1 GP Serial Number: 54184
Prime Mover: 125 HP Electric Motor Serial Number : 1LA04444SP41

Xebec Dryers (2)
Model Number STCNG24ZIV Serial Number 3925-6
Model Number STR24NGX-2S-150A480 Serial Number 30066

Kraus Dispenser
Model Number. DAM-3CHG Serial Number: Q-706

Contact Randy Rigato at Fleet Services, (209) 269-4923, for equipment inquiries.

Exhibit A - Monthly Inspection Scope
Monthly CNG Inspections Checklist
CNG Compressor:

Check the service log sheet and maintenance records for outstanding items.

Check/record compressor inlet pressure.

Check/record inter-stage pressures and temperatures as compressor approaches final discharge pressure set point. Compare with design.

Check/record oil pressure.

Visually inspect compressor hoses, tubing, piping, and valves for leaks and abnormalities.

Visually inspect gas panels for leaks and abnormalities.

Listen for any abnormal sounds such as banging or hissing, to indicate problem areas.

Check priority panel for proper functioning.

Check oil levels on compressor.

Check and record shut down or warning history.

Visually check all belts for signs of excessive wear.

Drain inter-stage scrubbers and all filters.

Drain recovery tank sump and vent header.

Snoop test piping/tubing/hoses for gas leaks.

Verify inlet control valve operation.

Check the service log sheet.

Visually inspect hoses, nozzles and 3-way valves for leaks, damage, and abnormalities.

Visually inspect tubing, piping and valves for leaks and abnormalities.

Drain inlet filters.

Check scrubbers.

Check valve sequencing.

Visually inspect all pressure relief devices for signs of failure or leakage.

Verify ESD control function.

CNG Dispenser:

Check the service log sheet.

Visually inspect hoses, nozzles and 3way valves for leaks, damage, and abnormalities.

Visually inspect tubing, piping and valves for leaks and abnormalities.

Drain filters.

Check valve sequencing.

Visually inspect all pressure relief devices for signs of failure or leakage.

Snoop test piping/tubing/hoses for gas leaks.

Verify ESD control function.

Clean magnetic strip reader on POS system.

Verify ESD control function.

Verify POS receipt display matches dispenser display.

Exhibit A - Monthly Inspection Scope

Activities not included in the Monthly CNG Inspections list above shall be charged at the hourly labor rate. All parts and materials shall be charged at cost plus the markup noted in this contract. Lubrication oil to be provided by City of Lodi.

CNG Gas Dryer/Storage:

Check the service log sheet.

Check/record dryer inlet pressure.

Check and drain condensates from ground storage. Record any abnormalities.

Check SRV, service date, signs of leakage.

Listen for any abnormal sounds such as banging or hissing, to indicate problem areas.

CNG General Site:

Check site signage for proper labeling and condition
Check and report on general site condition and note any needed future maintenance.

MEMORANDUM, City of Lodi, Public Works Department
8/12/2021

EXHIBIT B

To: Prospective Bidder
From: Fleet Superintendent
Date: August 06, 2021
Subject: Quote for Monthly Inspection and Preventative Maintenance Services of Compressed Natural Gas Station.(See Exhibit A/C)
Please fill in the blanks below and include or update any additional costs in your quote to obtain these 5 items below as they will be required once the Successful Quote is awarded and before any work can begin:

Company Name: __Clean Energy________________________ Date: August 18, 2021 Address: _4675 MacArthur Court, Suite 800, Newport Beach, CA 92660_______________ Contact Phone No.: __(949) 437-1272______________________

Contractor’s License No.: _848450________________ ___________ CNG Inspections Monthly Fee: $2,695
Labor Rate: __$160/hour_____________________________
Overtime Rate: __$240/hour__________________________
Parts and materials plus ___30________________________ % markup Truck charge: ___N/A__________________________________
Call out minimum: __N/A_______________________________ (hours) Other: ___N/A________________________________________ (be specific)

1. Insurance requirements per the attached exhibit.

2. Workers’ compensation insurance coverage.

3. City of Lodi business license.

4. W-9 form per current IRS requirements.

Company’ Signature:

Print Name: ___Chad M. Lindholm________________________________________

Title: ___Vice President______________________________________________ If you have any questions please contact me.

Randy Rigato
Fleet Superintendent
209.269.4923
209.365.6510 fax
[email protected]
RR/CA

EXHIBIT C

NOTE: The City of Lodi is now using the online insurance program PINS Advantage. Once you have been awarded a contract you will receive an email from the City’s online insurance program requesting you to forward the email to your insurance provider(s) to submit the required insurance documentation electronically

Insurance Requirements for Most Contracts
(Not construction or requiring professional liability)

Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a g eneral aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: ISO Form Number CA 00 01 covering any auto or if Contractor has no owned autos, then hired, and non- owned autos with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

Other Insurance Provisions:

(a) Additional Named Insured Status
The City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers are to be covered as additional insureds on the CGL and auto policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used

(b) Primary and Non-Contributory Insurance Endorsement
The limits of insurance coverage required may be satisfied by a combination of primary and umbrella or excess insurance. For any claims related to this contract, the Contractor’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

(c) Waiver of Subrogation Contractor hereby grants to City of Lodi a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Lodi by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Lodi has received a waiver of subrogation endorsement from the insurer

NOTE: (1) The street address of the CITY OF LODI must be shown along with (a) and (b) and (c) above: 221 West Pine Street, Lodi, California, 95240; (2) The insurance certificate must state, on its face or as an endorsement, a description of the project that it is insuring.

(d) Severability of Interest Clause
The term "insured" is used severally and not collectively, but the inclusion herein of more than one insured shall not operate to increase the limit of the company's liability under the Contractors commercial general liability and automobile liability policies.

(e) Notice of Cancellation or Change in Coverage Endorsement This policy may not be canceled nor the coverage reduced by the company without 30 days' prior written notice of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 West Pine St., Lodi, CA 95240.

(f) Continuity of Coverage
All policies shall be in effect on or before the first day of the Term of this Agreement. At least thirty (30) days prior to the expiration of each insurance policy, Contractor shall furnish a certificate(s) showing that a new or extended policy has been obtained which meets the minimum requirements of this Agreement. Contractor shall provide proof of continuing insurance on at least an annual basis during the Term. If Contractor’s insurance lapses or is discontinued for any reason, Contractor shall immediately notify the City and immediately obtain replacement insurance. Contractor agrees and stipulates that any insurance coverage provided to the City of Lodi shall provide for a claims period following termination of coverage which is at least consistent with the claims period or statutes of limitations found in the California Tort Claims Act (California Government Code Section 810 et seq.).

(g) Failure to Comply
If Contractor fails or refuses to obtain and maintain the required insurance, or fails to provide proof of coverage, the City may obtain the insurance. Contractor shall reimburse the City for premiums paid, with interest on the premium paid by the City at the maximum allowable legal rate then in effect in California. The City shall notify Contractor of such payment of premiums within thirty (30) days of payment stating the amount paid, the name(s) of the insurer(s), and rate of interest. Contractor shall pay such reimbursement and interest on the first (1st) day of the month following the City’s notice. Notwithstanding any other provision of this Agreement, if Contractor fails or refuses to obtain or maintain insurance as required by this agreement, or fails to provide proof of insurance, the City may terminate this Agreement upon such breach. Upon such termination, Contractor shall immediately cease use of the Site or facilities and commence and diligently pursue the removal of any and all of its personal property from the site or facilities.

(h) Verification of Coverage
Consultant shall furnish the City with a copy of the policy declaration and endorsement page(s), original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Failure to exercise this right shall not constitute a waiver of the City’s right to exercise after the effective date.

(i) Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. (j) Insurance Limits
The limits of insurance describe d herein shall not limit the liability of the Contractor and Contractor's officers, employees, agents, representatives or subcontractors. Contractor's obligation to defend, indemnify and hold the City and its officers, officials , employees, agents and volunteers harmless under the provisions of this paragraph is not limited to or restricted by any requirement in the Agreement for Contractor to procure and maintain a policy of insurance.

(k) Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors

(l) Qualified Insurer(s)
All insurance required by the terms of this Agreement must be provided by insurers licensed to do business in the State of California which are rated at least “A-, VI” by the AM Best Ratings Guide, and which are acceptable to the City. Non-admitted surplus lines carriers may be accepted provided they are included on the most recent list of California eligible surplus lines insurers (LESLI list) and otherwise meet City requirements.

RESOLUTION NO. 2022-____

A RESOLUTION OF THE LODI CITY COUNCIL RESCINDING RESOLUTION NO. 2021-258 AND AUTHORIZING THE CITY MANAGER TO EXECUTE A

REVISED PROFESSIONAL SERVICES AGREEMENT WITH CLEAN ENERGY,

OF NEWPORT BEACH, FOR MONTHLY AND PREVENTATIVE MAINTENANCE

AND REPAIRS OF COMPRESSED NATURAL GAS FUELING STATION
========================================================================

WHEREAS, since 2015, the City has contracted with Clean Energy to perform monthly inspections and maintenance on the compressed natural gas (CNG) fueling station; and

WHEREAS, the contract for the monthly inspections and maintenance includes labor and materials needed to perform maintenance, such as compressor oil, filters, and dryer elements, and on-call repairs; and

WHEREAS, after Council authorization on September 15, 2021, Clean Energy requested changes to some of the legal language of the Professional Services Agreement. The requested revisions are acceptable to staff and are approved by the City Attorney; and

WHEREAS, staff recommends City Council rescind Resolution No. 2021-258 and authorize the City Manager to execute a Professional Services Agreement with Clean Energy, of Newport Beach, for monthly and preventative
maintenance and repairs of compressed natural
gas fueling station, in the amount of $175,000; and

NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby rescind Resolution No. 2021- 258 and authorize the City Manager to execute the revised Professional Services Agreement with Clean Energy, of Newport Beach, for monthly and preventative maintenance and repairs of compressed natural gas fueling station, for the term of two years, with three optional one- year extensions, in the amount of $175,000 over the entire term of the agreement, including optional extensions; 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. 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-____
AGENDA ITEM C-11
APPROVED: __________________________________
Stephen Schwabauer, City Manager
\\cvcfilv02\pubwks$\WP\PROJECTS\STREETS\Garfield ADA Improvements\C_Coop Agmt.doc 12/20/2021

CITY OF LODI

COUNCIL COMMUNICATION
TM
AG
ENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Agreement with San Joaquin County Council of Governments for Funding Allocation for the Garfield Street Safe Route to School Project
M
EETING DATE: January 5, 2022
P
REPARED BY: Public Works Director
RE
COMMENDED ACTION: A dopt resolution authorizing City Manager to execute agreement with San Joaquin Council of Government (SJCOG) for funding allocation for the Garfield Street Safe Route to School Project.

B
ACKGROUND INFORMATION: The City received the Active Transportation Program (ATP) Cycle 5 State Grant, in the amount of $705,000, for Garfield Street Safe Route to School Project. This project will install missing sidewalks, wheelchair accessible ramps, and other incidental work on Garfield Street from Tokay Street to Poplar Street.

T
he SJCOG Board of Directors approved the funding allocation request on March 25, 2021 and the use of Measure K Renewal which is a state fund. SJCOG serves as the Regional Transportation Authority to manage the transportation funding in the county. SJCOG requires the City to enter into a Measure K Renewal Cooperative Agreement for the funding allocation commitment.

S
taff expects to finish the project design in early Spring of 2022 and will bring the project plans and specifications to the City Council for approval when they are completed.

S
taff recommends authorizing City Manager to execute agreement with SJOCG for funding allocation for the Garfield Street Safe Route to School Project.

F
ISCAL IMPACT: NA
_____________
__________________
Charles E. Swimley, Jr
Public Works Director
Prepared by Lyman Chang, City/Engineer/Deputy Public Works Director CES/LC/cd
Attachment
c
c: Senior Civil Engineer, Nathan
Senior Traffic Engineer, Kam
Public Works Management Analyst

RESOLUTION NO. 2022-____

A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE

CITY MANAGER TO EXECUTE AN AGREEMENT WITH SAN JOAQUIN

COUNTY COUNCIL OF GOVERNMENTS FOR FUNDING ALLOCATION FOR

THE GARFIELD STREET SAFE ROUTE TO SCHOOL PROJECT
=========================================================================

WHEREAS, the City received the Active Transportation Program (ATP) Cycle 5 State Grant, in the amount of $705,000, for Garfield Street Safe Route to School Project; and

WHEREAS, the project will install missing sidewalks, wheelchair accessible ramps, and other incidental work on Garfield Street, from Tokay Street to Poplar Street; and

WHEREAS, the San Joaquin Council of Governments Board of Directors approved the funding allocation request on M arch 25, 2021 and the use of Measure K Renewal , which is a State fund; and

WHEREAS, San Joaquin Council of Governments serves as the Regional Transportation Authority to manage the transportation funding in the county and requires the City to enter into a Measure K Renewal Cooperative Agreement for the funding allocation commitment; and

WHEREAS staff recommends authorizing the City Manager to execute an agreement with S an Joaquin Council of Governments for funding allocation for the Garfield Street Safe Route to School Project.

NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute an agreement with San Joaquin Council of Governments for funding allocation for the Garfield Street Safe Route to School Project; and

BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol Manual (adopted 11/6/19, Resolution 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 Cit y 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 C-12
APPROVED: __________________________________
Stephen Schwabauer, City Manager

CITY OF LODI

COUNCIL COMMUNICATION
TM
AG
ENDA TITLE: Adopt Resolution Authorizing the Library Director to Accept Zip Books Grant Funding ($5,000) from the California State Library and Appropriating Funds ($5,000)
M
EETING DATE: January 05, 2022
P
REPARED BY: Library Director
RE
COMMENDED ACTION: Adopt resolution accepting Zip Books grant funding ($5,000) from the California State Library and appropriating funds ($5,000)
BACKGROUND INFORMATION: On November 01, 2021 the Library Director submitted a proposal for Zipbooks funding for $5000 through the
California State Library (Refer to grant narrative- Exhibit A).

The Zip Books program is an alternative model for interlibrary loan service that bridges the gaps between a library’s patron request service, a normal acquisitions process, and an outreach/home delivery service.

Based on a project called “Zip Books—Digital Library of Northern California,” conducted by the Butte, Shasta, and Humboldt County Libraries under a FY 2011/12 LSTA grant from the California State Library, the Zip Books program is currently supported with California Library Services Act funds from the state of California. The patron is billed for the replacement cost of the item if it is not returned.

Under the Zip Books program, patrons request books that the library does not own. The library then orders the book from Amazon, and the book is shipped directly to the patron’s home. When the patron is finished with the book, the book is returned to the library and added to the collection.

The Library Director notified the Library Board of Trustees at the regular meeting on November 08, 2021.

On December 06, 2021, the State Library awarded to the Lodi Public Library (Refer to grant award packet-Exhibit B).

FISCAL IMPACT: $5000 additional dollars for FY 2021-2022 for collections.

There is no net impact to the General Fund.

F
UNDING AVAILABLE: Revenue appropriation account code is 12090000.56450 and expenditure appropriation in account code
12090000.72308
_____ ________________________
A ndrew Keys, Deputy City Manager/Internal Services Director

Adopt Resolution Accepting Zip Books Grant Funding ($5,000) from the California State Library and Appropriating Funds ($5,000)
January 5, 2022

Exhibit A - Grant Narrative

We are interested in Zip Books because of the success in patron experience and customer service that Zip books provides. Zip books fits directly into our patron driven acquisitions and eliminates the turnaround time and process for patrons to request purchases for the collection. They can now have us purchase the item immediately with the Zip book funds and enjoy the book prior to evaluating whether or not to add the book to our collection.

PROCESS: Patrons review ordering criteria and if met, request a zip book via fillable request form online/in branch. Staff access the [email protected] email to fill requests. The City of Lodi has an Amazon Prime account and orders will be made via Cal Card. Requests are filled and a confirmation email is sent to the patron with expected deliver date and full instructions. An item record is created on the fly and upon return is fully cataloged, if being added to the collection. If it is not, the item will be offered via email to the other participating libraries. If no system requests it then it will be donated to the Friends group.

TIMELINE: Policies and procedures, accounting training, Amazon Prime Account-Done. Online and paper request form, Zip books email, team prep and briefing- by November 15th. Marketing and addition to the website- upon confirmation of award.

Our model is patron driven acquisitions at the Lodi library. Due to major weeding performed in 2020, we have the capacity to shelve the Zip books requested by patrons. All Zip books will be added with the caveat that they will be checked within a year for additional circulation. To encourage circulation, we will have a "community picks" display so Lodians can see what their neighbors requested and check out the item, too. The display will include short reviews from the patron that ordered it to inspire curiosity.

The principles of EDI will drive our implementation and evaluation, by filling all requests that meet the criteria. Ordering criteria is limited to type of item and cost and number of items ordered per month.

Genre and content will not be a determining factor (Equity). Furthermore, we will publicly display the diversity in our city by displaying their picks without bias and partiality (Diversity). Everyone with a Lodi library card is eligible to use the Zip books program (Inclusion).

Lodi library is applying for the first time. We are requesting $5,000. Thank you for your consideration!

_______________________________
Akiliah Manuel Mills, Library Director
AM
Attachments
cc: City Attorney

Exhibit B - PDF from the State Library

RESOLUTION NO. 2022-____

A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE

LIBRARY DIRECTOR TO ACCEPT AND EXECUTE THE CONTRACT FOR THE ZIP BOOKS GRANT FUNDING FROM THE CALIFORNIA STATE LIBRARY;

AND FURTHER APPROPRIATING FUNDS
========================================================================

WHEREAS, Library patrons often desire titles that the Library does not have, cannot be ordered quickly, may not be popular, or circulate well; and

WHEREAS, there is State funding to fulfill patrons’ requests in a timely manner, whether or not anyone else intends to borrow the copy; and

WHEREAS, staff recommends that City Council authorize the Library Director to execute the contract through the Award Agreement and Certificate of Compliance with the California State Library & California Library Services Act.

NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the Library Director to accept and execute the contract for the Zip Books Grant funding from the California State Library; and

BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize revenue appropriation in account code 12090000.56450 and expenditure appropriation in account code 12090000.72308; 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 C-13
APPR
OVED: __________________________________
Stephen Schwabauer, City Manager

CITY OF LODI

COUNCIL COMMUNICATION
TM
AG
ENDA TITLE: Notice of Plan for Mobile Library Grant Proposal for Fiscal Year 2023-2024 Approved by the Library Board of Trustees (Information Only) M
EETING DATE: January 5, 2022
P
REPARED BY: Library Director
RE
COMMENDED ACTION: Notice of Plan for Mobile Library Grant Proposal for Fiscal Year 2023-2024 Approved by the Library Board of Trustees (Information Only)
B
ACKGROUND INFORMATION: The Library began research to apply for grant funding for a mobile library van primarily servicing aging adults. The deadline for the grant was November 15, 2021. After preliminary feedback from the senior center, community center and assisted living facilities, the Library Director determined there is not demand to justify a pr oposal. Community asset mapping and needs assessments will be conducted as part of the library’s strategic plan during November 2021- February 2022.

T
his data will be compiled via surveys, recommendations from community partners, a community forum to be held at the library and interviews/observations during community canvassing. If another target audience is determined as a result of the aforementioned process, and state funding is available next fiscal year, the Library Director will present a proposal for funding.

T
his decision and plan of action were voted upon unanimously by the Library Board of Trustees during the November 8, 2021, meeting.

F
ISCAL IMPACT: Operations and Maintenance Costs, to be determined if conditions are met to submit proposal.

F
UNDING AVAILABLE: None at this time.
_______________________________

Akiliah Manuel Mills
Library Director
c
c: City Attorney

AGENDA ITEM C-14
APPROVED: __________________________________
Stephen Schwabauer, City Manager

CITY OF LODI

COUNCIL COMMUNICATION
TM
AG
ENDA TITLE: Notice of Modification of Library Public Hours Approved by the Library Board of Trustees (Information Only)
M
EETING DATE: January 05, 2022
P
REPARED BY: Library Director
RE
COMMENDED ACTION: Notice of Modification of Library Public Hours Approved by the Library Board of Trustees (Information Only)
B
ACKGROUND INFORMATION: Upon the Director’s arrival to the Lodi Public Library several staff voiced concern about the L ibrary hours. The consistent issue being the Library remains open after patronage typically stops at 6pm. The Director is familiar with this trend from her previous library system of 36 branches. Libraries are also very slow on weekends, especially Sundays and do not typically exceed a handful of patrons over a seven-hour period. The foot traffic does not warrant the use of staff time and cost of utilities. Keeping in mind patrons that may commute to Lodi, it was deemed appropriate to remain open for the few people that may pick up holds after 6pm. Shifting from 11 hour, to eight-hour service days allows for cross training of program staff and more robust scheduling with results in additional support for patrons and staff presence.

T
he Library has been oper ating six hours per day since it’s modified reopening, in response to COVID restrictions lifting in July of 2021. Given the L ibrary was closed for over a year and has been offering condensed hours the past six months, the Director decided this is an appropriate time to change Library hours prior to the Library’s grand re-opening on January 24, 2022. This decision will not decrease service hours from the public. At the Library Board of Trustees meeting on November 8, 2021, the Board of Trustees voted unanimously to change the library hours effective January 24, 2022, as follows:

M
onday-Wednesday: 10:00a.m.-6:0p.m.

Thursday: 12:00p.m.-8:00p.m.

Friday: Closed
Saturday: 10:00a.m.-5:00p.m.

Sunday: 10:00a.m.-2:00p.m.

F
ISCAL IMPACT: None
F
UNDING AVAILABLE: N/A
_______________________________

Akiliah Manuel Mills
Library Director
c
c: City Attorney

AGENDA ITEM C-15
APPR
OVED: _________________________________
Stephen Schwabauer, City Manager
12/ 20/2021

CITY OF LODI

COUNCIL COMMUNICATION

TM
AG
ENDA TITLE: A dopt Resolution Approving Impact Mitigation Fee Program Annual Report for Fiscal Year 2020/21
M
EETING DATE: January 5, 2022
P
REPARED BY: Deputy City Manager
RE
COMMENDED ACTION: Adopt resolution approving Impact Mitigation Fee Program Annual Report for Fiscal Year 2020/21.

B
ACKGROUND INFORMATION: The City’s Development Impact Mitigation Fee (IMF) program consists of 11 separate fee categories, plus the Art in Public Places set-aside. The categories are Electric, Water, Wastewater, Streets, Regional Transportation, Storm, Police, Fire, Parks and Recreation, General City Facilities, and Neighborhood Parks. The fees can only be used for capital improvements and/or debt service to accommodate new growth. The fees were established in 1991 and updated in 2012.

In ac
cordance with the State’s annual reporting requirements, Staff has prepared the following exhibits:

1. A
brief description of the fee program; and

2. S
chedule of fees; and

3. B
eginning and ending balances for the fee program; and

4. A
mount of fees collected, interest earned, and transfers/loans; and

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

6. A
description of each interfund loan along with the date the loan will be repaid and t
he rate of interest; and

7. T
he estimated date when projects will begin if sufficient revenues are available to c
onstruct the project; and

8. Fi
ndings for each fee program.

P
er State law, the annual report must be available for public review at least 15 days prior to City Council action. The annual report has been posted on the City’s website and the Lodi News Sentinel and the Stockton Record, have been notified of the report’s availability.

Adopt Resolution Approving Impact Mitigation Fee Program Annual Report for Fiscal Year 2020/21 January 5, 2022

FISCAL IMPACT: There is no impact to approving the Fiscal Year 2020/21 report.

FUNDING AVAILABLE: Funding for loan repayments comes through IMF payments by new development.

_______________________________
Andrew Keys
Deputy City Manager

Prepared by Melissa Munoz, Accounting Manager
Attachments
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.

Government 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 brief description of the fee program.

2. Schedule of fees.

3. Beginning and ending balances of the fee program.

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

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

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

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

8. Findings 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

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.

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

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.

City Impact Mitigation Fee Schedule

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.

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$

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

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.

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 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.

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.

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 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.

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 -$

*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

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.

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 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.

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 -$

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

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.

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.

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.

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$

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

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.

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 w hich still affect ending balance.

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.

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 -$

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

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.

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.

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.

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$

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

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.

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$