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Agenda

Lodi City Council
April 6, 2022

Document
Agenda
Meeting
April 6, 2022
Body
Lodi City Council
Pages
8
Original file
24.3 MB
Text extracted from the city's file for reading and search. Open the original on lodica.granicus.com. That file is the official record.

Revised 10/2021 3/30/2022 3:16 PM

For information regarding this Agenda please contact:

Pamela M. Farris
Assistant 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)

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
G. Public Hearings

Res. G-1 Public Hearing to Receive and Consider Final 2020 Census Data and Obtain Input from the Public Ord. Regarding Redrawing of Election District Boundaries, Adopt Resolution; and Introduce Ordinance (Introduce) Adopting Council’s Preferred Map Designating Revised City Council Districts and Boundaries (CA)

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: 825 2286 8353
 Passcode: 985648
 Phone number: 1 253 215 8782 or 1 346 248 7799
 Link: https://us06web.zoom.us/j/82522868353?pwd=cFh1S2VWUmZHR0pCbmZyTitHZ05kQT09 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: April 6, 2022
Time: Closed Session 6:30 p.m.

Regular Meeting 7:00 p.m.

CITY COUNCIL AGENDA
APRIL 6, 2022

PAGE TWO

B. Presentations
B-1 National Animal Control Officer Appreciation Week Proclamation (PD)

B-2 National Public Safety Telecommunicators Week Proclamation (PD)

B-3 National Volunteers Week Proclamation (PD)

B-4 Presentation Regarding Love Lodi Event (April 30, 2022) (CLK)

B-5 Ramadan Celebration 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 February 25, 2022 through March 10, 2022 in the Total Amount of $3,885,945.95 (FIN)

C-2 Approve Minutes (CLK)
a) March 2 and March 16, 2022 (Regular Meetings)
b) March 8, March 15, March 22, and March 29, 2022 (Shirtsleeve Sessions)

Res. C-3 Adopt Resolution Authorizing City Manager to Waive Bid Process and Purchase Submersible Pump Assembly from Shape, Inc., of Pleasanton, for Shady Acres Storm Lift Station ($33,771) (PW)

C-4 Approve Plans and Specifications and Authorize Advertisement for Bids for Garfield Street Safe Routes to School Project (PW)

C-5 Approve Plans and Specifications and Authorize Advertisement for Bids for Wastewater Main Rehabilitation Program (Project No. 9) (PW)

Res. C-6 Adopt Resolution Awarding Contract for 2022 Pavement Crack Seal Project to Global Road Sealing, Inc., of Garden Grove ($72,573.38), and Appropriating Funds ($22,574) (PW)

Res. C-7 Adopt Resolution Awarding Contract for Lodi Gun Range Ventilation Improvement Project to Diede Construction, Inc., of Woodbridge ($397,700), Authorizing City Manager to Execute Contract Extensions and Change Orders ($60,000), Appropriating Funds ($200,000), and Accepting Donation from Lodi Police Foundation ($200,000) (PW)

Res. C-8 Adopt Resolution Authorizing City Manager to Execute Additional Change Orders for Lodi Electric Utility Office Remodel Project with Diede Construction, Inc., of Woodbridge ($500,000) and Appropriating Funds ($500,000) (PW)

C-9 Accept Improvements Under Contract for Laurel Avenue Storm Drainage Improvements (PW)

Res. C-10 Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement with West Yost & Associates, Inc., of Davis, for Recycled Water Supply and Land Application Alternatives Evaluation ($93,500) (PW)

Res. C-11 Adopt Resolution Authorizing City Manager to Execute Amendment No. 1 to Extend Term Limit to March 31, 2023 for Professional Services Agreement with PlaceWorks, a California Corporation, to Prepare Environmental Impact Report and Provide Technical Services for Sphere of Influence and Municipal Services Review Update (CD)

CITY COUNCIL AGENDA
APRIL 6, 2022

PAGE THREE

Res. C-12 Adopt Resolution Authorizing City Manager to Execute Improvement Agreement for Lower Sacramento Road Street Improvements (Century Boulevard to 510 Feet North of Century Boulevard) (Benjamin Apartment Complex) (PW)

Res. C-13 Adopt Resolution Appointing Olivia Nashed to Position of City Clerk Pursuant to Government Code Section 54957, and Approving Related Employment Agreement (Mayor)

Res. C-14 Adopt Resolution Authorizing City Manager to Execute Funding Documents with California Department of Transportation for Allocation of Fiscal Year 2021/22 Low Carbon Transit Operations Program Funds (PW)

Res. C-15 Adopt Resolution Authorizing City Manager to Process Payment to League of California Cities for 2022 Membership Dues ($20,859) (CM)

Res. C-16 Adopt Resolution Authorizing Destruction of Certain Citywide Records in Accordance with the Government Code and the City’s Records Management Policy (CLK)

C-17 Set a Public Hearing for April 20, 2022 to Consider an Ordinance Amending Lodi Municipal Code to Revise Title 9– Public Peace, Morals and Welfare – Chapter 9.18, “Vending on Street, Sidewalks and Private Property,” Section 9.18.045, “Permit Caps to Replace Static Caps on Number of Motorized Food Preparation and Produce/Seafood Trucks with Variable Caps Based on Population of Lodi (CD)

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 (Continued)

Res. G-2 Public Hearing to Receive Input and Consider Adopting Resolution Calling Election to Submit to Res. Qualified Electors the Questions of Levying a Special Tax within the Area Proposed to be Annexed to Ord. Community Facilities District No. 2007-1 (Public Services) (Annexation No. 13); and Resolution (Introduce) Declaring the Results of the Special Election and Ordering the Annexation of Territory to Community Facilities District No. 2007-1 (Public Services) (Annexation No. 13); and Introduce Uncodified Ordinance Levying and Apportioning the Special Tax in Territory Annexed to Community Facilities District No. 2007-1 (Public Services) (Annexation No.13) (PW)

H. Regular Calendar

Res. H-1 Adopt Resolution Approving Salary Adjustment for Water and Wastewater Plant Operator Classifications (HR)

Ord. H-2 Introduce Ordinance Amending Lodi Municipal Code Chapter 2.12, ”City Manager,” by Repealing and (Introduce) Reenacting Section 2.12.060(T), “Powers and Duties Generally,” and Amending Lodi Municipal Code Chapter 3.20, “Purchasing System,” by Repealing and Reenacting Section 3.20.045, “State and Local Agency Contracts,” Section 3.20.070, “Bidding,” 3.20.080, “Purchase Orders,” 3.20.100, “Formal Contract Procedure,” and 3.20.110, “Open Market Procedure” (ISD)

CITY COUNCIL AGENDA
APRIL 6, 2022

PAGE FOUR

I. Ordinances

Ord. I-1 Adopt Ordinance No. 1995 Entitled, “An Ordinance of the Lodi City Council Amending Lodi Municipal (Adopt) Code Title 3 – Revenue and Finance – Chapter 3.20, ‘Purchasing System,’ by Repealing and Reenacting Section 3.20.105, ‘Public Works Projects,’ in Its Entirety to Provide Informal Bidding Procedures Under the Uniform Public Construction Cost Accounting Act” (CLK)

J. 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.

______________________________
Pamela M. Farris
Assistant 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 Pamela M. Farris at (209) 333-6702. Solicitudes de interpretación de idiomas deben ser rec ibidas por lo menos con 72 horas de anticipación a la reunión para ayudar a asegurar la disponibilidad. Llame a Pamela M. Farris (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/82522868353?pwd=cFh1S2VWUmZHR0pCbmZyTitHZ05kQT09.

AGENDA ITEM G-01

COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Conduct a Public Hearing to Receive and Consider Final 2020 Census Data and Obtain Input from the Public Regarding the Redrawing of Election District Boundaries; Adopt Resolution; and Introduce Ordinance Adopting Council’s Preferred Map Designating Revised City Council Districts and Boundaries
MEETING DATE: April 6, 2022
PREPARED BY: City Attorney
RECOMMENDED ACTION: Conduct a public hearing to receive and consider Final 2020 Census Data and obtain input from the public regarding the redrawing of election district boundaries; adopt resolution; and introduce ordinance adopting Council’s preferred map designating revised City Council districts and boundaries.

BACKGROUND INFORMATION: On March 7, 2018, the City Council adopted Ordinance No. 1949, transitioning from at-large elections to by-district City Council member elections following the 2018 elections. Following release of the decennial census data, California Elections Code section 21600, et. seq., requires the City Council review and adjust the boundaries of its districts, using the census data as a basis for any changes, to ensure continuing compliance with the federal Voting Right Act, California Constitution, and Fair and Inclusive Redistricting for Municipalities and Political Subdivisions Act (AB 849) (“Fair Maps Act”). The redistricting process for the City of Lodi must be completed by April 17, 2022.

At the first public hearing, held on July 21, 2021, the Council received a report on the redistricting process and permissible criteria to be considered to redraw City Council election boundaries. No members of the public provided written or verbal comments on the process. On August 18, 2021, the City Council held its second public hearing to receive information on the permissible criteria to be considered to redraw City Council election district boundaries, instructions on defining neighborhood and communities of interest, and to receive public input. No members of the public provided written or verbal comments. At the third public hearing, held on March 2, 2022, the Council considered the final 2020 Census data and provided the public an opportunity to give input regarding the redrawing of election district boundaries. No members of the public provided written or verbal comments and no maps were submitted for consideration. At this meeting, the City Council identified the “yellow” map as its preferred map due to its closest similarity geographically to current district boundaries and the balance of population in Districts 1 and 5 (with slight increases to both) and a 52% minority/majority population in District 4 (with only a slight decrease in population). Subsequent to this hearing and prior to the map deadline of March 23, 2022, one map was submitted by the public via the City’s website, identified as “Public 501 Map.” Staff does not recommend consideration of Public 501 Map as drafted in light of the failure to achieve a 50%+ majority Latino Citizen Voting Age Population district. As drafted Public 501 Map only achieves a 44% majority Latino Citizen Voting Age Population and would likely not withstand legal challenge under the federal Voting Rights Act.

Conduct a Public Hearing to Receive and Consider Final 2020 Census Data and Obtain Input from the Public Regarding the Redrawing of Election District Boundaries; Adopt Resolution; and Introduce Ordinance Adopting Council’s Preferred Map Designating Revised City Council Districts and Boundaries
April 6, 2022

The purpose of this fourth of four required public hearings is to:

1. Consider any maps submitted since the last public hearing;

2. Consider three (3) maps and accompanying demographic information that were submitted by NDA, labelled “yellow” (identified by the Council as its preferred map at the March 2 public hearing), “green” and “orange”; and

3. Adopt a resolution and introduce an ordinance selecting a map designating the revised City Council districts and boundaries based on the 2020 Census data and conformance with the federal Voting Right Act, California Constitution, and Fair Maps Act.

In 2019, the California legislature adopted AB 849, known as the Fair Maps Act. The Fair Maps Act significantly changes the criteria for mapping and adopting new redistricting criteria and deadlines compared to the rules when Lodi transitioned from at-large to district elections in 2018. In redrawing district boundaries, Council will need to comply with mandatory criteria in the creation of the final map. Those criteria are:

a. Population equality across districts. “[A]dopt boundaries for any or all of the council districts of the city so that the council districts shall be substantially equal in population….” (Elections Code §21601(a) and Government Code §34884.)

b. Compliance with the U.S. Constitution, the California Constitution, and the federal Voting Rights Act of 1965 (52 U.S.C. §10301, et seq.).

c. Adopt district boundaries using the following criteria in the order presented:

(i) To the extent practicable, council districts shall be geographically contiguous. (Elec. C. §21601(c)(1).)

(ii) To the extent practicable, the geographic integrity of any local neighborhood or local community of interest shall be respected in a manner that minimizes its division. A “community of interest” is a population that shares common social or economic interests that should be included within a single district for purposes of its effective and fair representation. (Elec. C. §21601(c)(2).)

(iii) Council district boundaries should be easily identifiable and understandable by residents. (Elec. C. §21601(c)(3).)

(iv) To the extent practicable, and where it does not conflict with the proceeding criteria (c)(i)-(iii) above, council districts should be drawn to encourage geographical compactness in a manner that nearby areas of population are not bypassed in favor of or more distant populations. (Elec. C. §21601(c)(4).)

d. Race cannot be a “predominant” factor or criteria when drawing districts. (Shaw v. Reno (1993) 509 US 630; Miller v. Johnson (1995) 515 US 900; and Cooper v. Harris (2017) 137 S.Ct. 1455.

e. Compliance with the federal Voting Rights Act, which among things, prohibits districts that dilute minority voting rights, and encourages a majority-minority district, if the minority group is sufficiently large, and such a district can be drawn without race being the predominant factor. (Bartlett v. Strickland (2009) 566 US 1.)

Conduct a Public Hearing to Receive and Consider Final 2020 Census Data and Obtain Input from the Public Regarding the Redrawing of Election District Boundaries; Adopt Resolution; and Introduce Ordinance Adopting Council’s Preferred Map Designating Revised City Council Districts and Boundaries
April 6, 2022

Publication and Noticing Requirements for Redistricting Hearings

Pursuant to Elections Code Section 21608(c) and 21608(g)(3), the City is required to publish the hearing date, time and location 5 days in advance on the internet, a website calendar satisfies the publishing requirement. In addition, notice of all public hearings are published in the Lodi News Sentinel.

Language Requirements for Redistricting

Pursuant to Elections Code Section 21608, the City must provide language services in applicable languages, as provided by the Secretary of State. The City continues to be equipped to provide the required services upon request. On June 11, 2021, the Secretary of State released guidance for cities regarding these language requirements. In addition to English, the City of Lodi is required to provide qualifying materials and "live translation" (interpretation) services in Spanish upon a request made at least 72 hours in advance of a hearing or a workshop.

Mapping Tools and Public Participation Kits

The City's demography consultant, National Demographics Corporation (NDC), provided the mapping tools needed to empower residents to review draft maps and to develop and submit their own map proposals. These tools were made available in both English and Spanish on the City’s website.

Caliper Corporation's "Maptitutde Online Redistricting" (MOR) tool is a professional and powerful online mapping tool allowing residents to develop and submit detailed district map proposals. The MOR screen contains the plan map, a dataview listing the existing districts and their statistics, and a dataview of pending changes based upon the users transmitted to NDC for further analysis. http://www.lodi.gov/1046/Redistricting.

Paper-and-Excel-based Public Mapping Tools, also known as "Public Participation Kits," were made available as an avenue for public participation. While online mapping tools are very popular, the City wants to ensure that those who do not have internet access or simply prefer not to draw maps online, have a means of submitting “paper” maps.

The first, and most simple, is a one-page map showing streets, city borders, and population counts for NDC created "Population Unit" geographic areas. Residents draw the map they wish to propose and add up the population counts by hand until they get the right population count in each district. All of the directions needed are right on the single-page form on the City’s webpage.

The second form of offline mapping tool is for those residents who do not want to deal with an online mapping tool, but who are already comfortable with Microsoft Excel. NDC provides a similar simple one-page map of those same "Population Units," but this time the map shows the Unit ID number rather than the population count in that Unit. Residents then enter their preferred district assignment for each Population Unit into the pre- formatted Excel spreadsheet, and Excel calculates the total population and demographics of each District.

When the resident has the map the way they like it, they simply email in the Excel file.

As noted, all mapping tools are on the City’s webpage in English and Spanish.

Community Workshops

Two public workshops on the redistricting process and mapping were conducted on Thursday, March 10 and Friday, March 18 in Carnegie Forum; both workshops were broadcast via Zoom. Additional information Conduct a Public Hearing to Receive and Consider Final 2020 Census Data and Obtain Input from the Public Regarding the Redrawing of Election District Boundaries; Adopt Resolution; and Introduce Ordinance Adopting Council’s Preferred Map Designating Revised City Council Districts and Boundaries
April 6, 2022

regarding the workshops was posted on the City’s website and social media platforms and published in the Lodi News Sentinel. In addition, notice of the redistricting process was advertised on City buses encouraging citizens to “Map Lodi.” All outreach efforts were published and advertised in both English and Spanish. Only one individual attended the public workshops and no members of the public provided written or verbal comments or proposed maps for consideration at the workshops. The last day for the public to submit maps for consideration was March 23, 2022 and, in total, only one map was submitted (Public 501 Map).

Census Data and Analysis

On September 20, 2021, the State of California posted the prisoner-adjusted 2020 Census data pursuant to Elections Code Section 21003. For all cities, these figures are deemed to be the final numbers to balance in the redistricting process (Elections Code §21603(a)).

NDC processed these numbers and analyzed them with respect to the current districts used in the City of Lodi, which is entitled Lodi Current Districts Demographics 2020 Census Final Data. NDC finds that the City’s current population deviation – the difference between the most populous and least populous districts – is 16.19 percent. This percentage exceeds the 10% deviation for a map to meet the equal population requirement.

The districts identified in Council’s preferred map, selected by the Council following close of the March 2 public hearing, is within the 10% deviation; is geographically contiguous; to the extent practicable maintains geographic integrity of local neighborhoods or communities of interest; are easily identifiable; and complies with the federal Voting Right Act by achieving a majority-minority district of 52% without race being the predominant factor.

Next Steps

Based on the analysis of the final Census data, and having received only one map for consideration from members of the public (as of the final deadline of March 23, 2022) that does not achieve a 50%+ majority Latino Citizen Voting Age Population district, staff recommends Council:

• Adopt a resolution and introduce an ordinance adopting the “yellow” map (identified by the City Council as its preferred map at the March 2, 2022 public hearing). The proposed resolution, ordinance, and the preferred map are attached for Council consideration.

FISCAL IMPACT: The cost to publish the notices of public hearings and demographer fees.

FUNDING AVAILABLE: City Clerk’s Election Budget (100050000.72450).

__________________________________
Andrew Keys
Deputy City Manager/Internal Services Director

________________________________________
Janice D. Magdich
City Attorney

Attachments: ·Existing District Map and Demographic Information ·Three (3) Eligible Draft Voting District Maps with Demographic Information Prepared by NDA (designated as “green”, “orange” and “yellow”)
·One (1) Draft Voting District Map with Demographic Information Prepared by Member of the Public (designated as “Public 501 Map”)
Conduct a Public Hearing to Receive and Consider Final 2020 Census Data and Obtain Input from the Public Regarding the Redrawing of Election District Boundaries; Adopt Resolution; and Introduce Ordinance Adopting Council’s Preferred Map Designating Revised City Council Districts and Boundaries
April 6, 2022

·PowerPoint Presentation
·Proposed Uncodified Ordinance of the Lodi City Council Amending Chapter 1.12 – “Municipal Elections” – Section

1.12.070 - “Map of Council Districts” - of the Lodi Municipal Code Adopting Map Designating Revised City Council Election Districts and Boundaries Based on 2020 Census Data ·Resolution of the Lodi City Council Authorizing the amendment to Chapter 1/12 – Municipal Elections – of the Lodi Municipal Code Adopting Map Designating Revised City Council Election Districts and Boundaries Based on Final 2020 Census Data
4 3
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1 Lodi Memorial Hospital (West)
Heritage Schl
Lawrence Schl
Beckman Schl
Leroy Nichol's School
Tokay High School
12 Reynolds Ranch Pkwy
99 Frontage Rd
N Guild Ave
Beckm
an R
d
E Thurman Rd
M
aggio Cir
E Tunrner Rd
Newbury Cir
W Sargent Rd
12 S Ch
erokee Ln
Black Diamond Way
Central Park Dr
Carm
el Cir
S Ham
Ln
Pioneer Dr
Rivergate Dr
Bradford Cir
Houston Ln
E Tunrner Rd
Low
er Sacrame
nto Rd
Edgewood Dr
Ch
urch St
Applew
ood Dr
Sandpiper Cir
S Hutchins St
S Lee Ave
S Guild Ave
E Lockeford St
S Fairm
ont Ave
E Harney Ln
S Low
er Sacram
ento Rd
Pixley Pkw
y
Industrial Way
Rockingham
Cir
N Low
er Sacram
ento Rd
Tienda Dr
Ackerm
an Dr
S Corinth Ave
E Vine St
Corbin Ln
Jerry Ln
Elm St
Com
m
erce St
S School St
Vine St
Tim
berlake Cir
W
estw
ood
Ave
Park St S Sacram
ento St
S Cluff Ave
Rivergate Pl
Tamarack Dr
Alicante Dr
Debbie Ln
S Kelly St
Ribier Ave
Cardinal St
Louie Ave
99 Turner Rd
Elgin Ave
Winemaster Way
Pinot Noir Dr
Glenhurst Dr
N W
es
t Ln
Keagle Way
Rutledge Dr
S Sunset Dr
Holly Dr
S Stockton St
Tioga Dr
Gerard Dr
Vienna Dr
Grenoble Dr
Camphor Way
Willow Glen Dr
W Harney Ln
Fairm
ont Ave
W Century Blvd
Cherryw
ood W
ay
W Vine St
N M
ills Ave
E Harney Ln
Pearwood Cir
W Elm St
N Pacific Ave
W Lockeford St
Sturla St
Lloyd St
Eureka Ave
Elderica W
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99 S Pacific Ave
N Sacram
ento
St
Dover Dr
Tudor St
Connie St
E Pine St
S M
ills Ave
Sweetwood Dr
Fernwood Dr
Hazelwood Way
Lake Home Dr
Eilers Ln
Rosewood Dr
Oxford Way
E Oak St
Orangewood Dr
Char
leston
W
ay
Paloma
r Dr
Cala
veras St
E Elm St
Blac
k Oak
W
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Jackson St
W Walnut St
Jam
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N Sunset Dr
Wyndham Way
N Lom
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Brighton Way
Lakeshor
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S M
ain St
Incline Dr
Idlewild DrHartford Dr
Eden St
S California St
S Rose St
Stratford Ln
S Crescent Ave
Dunsmuir Dr
Avena Ave
Giannoni Way
Walnut St
Rio Vista Dr
Chianti Dr
W
ellsw
ood Ave
N Ham
Ln
Acacia St
Hummingbird Dr
Harold St
Cypress St
W Locust St
Watson St
Mission St
Flora St
Redwood St
Colette St
E Lodi Ave
S Hw
y 99
Hilborn St
Tara Pl
Swain Dr
Culbertson Dr
Lakew
ood Dr
Daisy Ave
N W
ellington W
ay
Forrest Ave
Olson Dr
Staf
for
d St
Palm Ave
Olive Ct
Providence Way
Bird Ln
Stanislaus St
Saint Anton Dr
W
oodhaven Ln
Chablis Dr
Iris Dr
Arcadia Pl
Cimmaron Dr
Cumbria Way
E Locust St
N School StGlen Oak
Dr
Aw
an
i Dr
Taylor Rd
Ridge Dr
N Fairmont Ave
Lilac St
Cochran Rd
Bristol Ln
Lambert Ct
California St
el Centro Dr
W Pine St
N Orange Ave
S Pleasant Ave N M
ain St
N Stockton St
Mosswood Dr
S Garfield St
Devine Dr
la Vida Dr
N W
ashington St
Sunwest Dr
Canal Dr
Mounce St
N Cros
s St
W Tokay St
Poplar St
Trinity Way
Arbor Ct
W
estbrook Dr
Oriole Ln
N Central Ave
W
oodrow
St
Yuloni Dr
1st St
Layland Dr
Evergreen Dr
Cedar Ct
Jamestown Dr
Corbin Ct
White Oak Way
Sapling St
Manzanita Ct
W Vine
Mendocino Dr
Coventry W
ay
Arlington Dr
Brittany Ln
Diablo Dr
Schlenker Dr
S Orange Ave
Vineyard Dr
Lupine Ct
Mariner Ct
N Lassen Dr
Blackbird Pl
Hoff Ln
Buena Vista Dr
Parkview
Ave
N Hw
y 99
E Lodi Ave
Donner Dr
N Rose St
N Lee Ave
E Tokay St
National Demographics Corporation
February 4, 2022
City of Lodi
Redistricting 2021
Existing
Districts
Map layers
Current
Census Block
Railroad
Streets
Landmark Point
Water Area
©2021 CALIPER

EXHIBIT A
Existing Districts
District 1
Total Pop 14,318
Deviation from ideal 1,004
% Deviation 7.54%
% Hisp 22.5%
% NH White 62%
% NH Black 2%
% Asian-American 10%
Total 10,174
% Hisp 17%
% NH White 72%
% NH Black 3%
% Asian/Pac.Isl. 7%
Total 9,233
% Latino est. 15%
% Spanish-Surnamed 14%
% Asian-Surnamed 5%
% Filipino-Surnamed 1%
% NH White est. 77%
% NH Black 2%
Total 7,994
% Latino est. 14%
% Spanish-Surnamed 13%
% Asian-Surnamed 5%
% Filipino-Surnamed 1%
% NH White est. 79%
% NH Black 2%
Total 5,970
% Latino est. 11%
% Spanish-Surnamed 11%
% Asian-Surnamed 4%
% Filipino-Surnamed 1%
% NH White est. 82%
% NH Black est. 2%
ACS Pop. Est. Total 14,146
age0-19 28%
age20-60 47%
age60plus 24%
immigrants 9%
naturalized 64%
english 84%
spanish 8%
asian-lang 1%
other lang 7%
Language Fluency Speaks Eng. "Less than Very Well" 4%
hs-grad 52%
bachelor 16%
graduatedegree 12%
Child in Household child-under18 34%
Pct of Pop. Age 16+ employed 65%
income 0-25k 12%
income 25-50k 15%
income 50-75k 17%
income 75-200k 46%
income 200k-plus 9%
single family 80%
multi-family 20%
rented 35%
owned 65%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.
2 12,785
-529
-3.97%
35%
54%
1%
6%
9,071
22%
69%
1%
7%
6,943
21%
19%
3%
1%
76%
0%
5,708
19%
18%
3%
1%
77%
0%
4,187
15%
15%
3%
1%
80%
0%
12,441
23%
50%
27%
13%
54%
75%
18%
2%
6%
12%
54%
12%
5%
27%
63%
18%
25%
25%
28%
4%
79%
21%
44%
56%
3 13,097
-217
-1.63%
30%
57%
2%
8%
8,951
20%
71%
1%
7%
7,507
19%
18%
3%
1%
76%
1%
6,217
17%
16%
3%
1%
78%
1%
4,588
12%
12%
2%
1%
83%
1%
13,372
28%
49%
23%
13%
49%
75%
17%
4%
4%
9%
51%
16%
8%
32%
62%
21%
22%
19%
33%
5%
73%
27%
50%
50%
4 12,162
-1,152
-8.65%
69%
13%
1%
15%
4,885
52%
30%
5%
12%
3,158
51%
47%
10%
1%
36%
4%
2,182
46%
44%
12%
1%
38%
4%
1,165
45%
44%
5%
1%
44%
3%
11,976
40%
52%
9%
36%
32%
28%
58%
1%
13%
35%
41%
4%
1%
46%
66%
28%
42%
15%
14%
1%
61%
39%
75%
25%
5 14,209
895

6.72%
43%
37%
2%
14%
8,771
33%
52%
2%
12%
6,698
30%
28%
7%
2%
61%
1%
5,379
27%
25%
7%
2%
64%
1%
3,429
22%
21%
5%
1%
71%
2%
14,345
32%
51%
17%
22%
52%
63%
27%
3%
7%
15%
51%
12%
5%
42%
60%
19%
25%
18%
34%
5%
76%
24%
43%
57%
Total
66,571
2,156

16.19%
39%
45%
2%
10%
41,852
26%
62%
2%
9%
33,539
24%
22%
5%
1%
70%
1%
27,480
21%
20%
5%
1%
72%
1%
19,339
16%
16%
3%
1%
78%
1%
66,279
30%
50%
20%
18%
46%
66%
25%
2%
7%
14%
50%
13%
6%
35%
63%
19%
24%
19%
32%
5%
75%
25%
48%
52%
03/03/2022 7:46 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats
Reynolds Ranch Pkwy
N Guild Ave
Beckm
an
Rd
E Thurman Rd
S Hutchins St
Dor
chester Cir
E Tunrner Rd
W Sargent Rd
12 S Cherokee Ln
Black Diamond Way
Carm
el Cir
S Ham
Ln
Rivergate Dr
Houston Ln
Low
er Sacram
ento Rd
Edgewood Dr
Ch
urch St
Applew
ood Dr
Sandpiper Cir
S Guild Ave
12 S Fairm
ont Ave
E Lockeford St
E Harney Ln
S Low
er Sacram
ento Rd
Pixley Pkw
y
Industrial Way
N Low
er Sacram
ento Rd
Tienda Dr
Ac
kerm
an Dr
S Corinth Ave
Vista Dr
Jerry Ln
Elm St
S School St
Vine St
99W
estw
ood Ave
Park St S Sacram
ento St
S Cluff Ave
W Harney Ln
Rimby Ave
Alicante Dr
S Kelly St
Cardinal St
Windsor Dr
Louie Ave
Turner Rd
99 S M
ills Ave
Elgin Ave
Cabrillo Cir
Glenhurst Dr
N W
est Ln
S Pleasant Ave
Paradise Dr
Keagle Way
Rutledge Dr
Holly Dr
S Stockton St
Gerard Dr
Vi
enna Dr
Autumn Way
N M
ills Ave
Pearwood Cir
Audubon Dr
N Pacific Ave W Lockeford St
W
oodrow
St
S Pacific Ave
Tudor St
E Pine St
Donner Dr
Sweetwood Dr
Lake Home Dr
York St
Eilers Ln
E Oak St
Jackson St
Jam
es St
Capell Dr
Wyndham Way
Le Bec Ct
Devine Dr
Brighton Way
Lakeshore Dr
S M
ain St
Incline Dr
Idlewild Dr
Reisling Dr
Eden St
Heritage Oak Way
S Crescent Ave
Avena Ave
S Sunset Dr
S Rose St
Walnut St
S Liebig St
Rio Vista Dr
Chianti Dr
E Elm St
W
ellsw
ood Ave
Robinson Ln
Maple St
Hilborn St
Watson StE Vine St
Flora St
E Lodi Ave
E Locust St
Tahoe Dr
Tara Pl
N Ham
Ln
Daisy Ave
Eureka Ave
Forrest Ave
Olson Dr
Stanislaus St
1st St
Arcadia Pl
Scarborough Dr
Cimmaron Dr
W Pine St
W Locust St
N Lom
a Dr
S Lee Ave
Peach St
W
illow
Ave
Bristol Ln
Saratoga W
ay
N Ma
in St
S Garfield St
Dove Ct
N Orange Ave
Mullen WaySpringhaven Way
Otta Dr
W Elm St
N Central Ave
Cross St
Cond
or Ct
Geneva Ln
Inglewood Dr
Evergreen Dr
Ridge Dr
Interlaken Dr
Pinew
ood Ct
Fir Dr
Sand Creek Dr
de Force Ave
Harvest Ln
Evert Ct
Filey Dr
Edgewood Ct
Alder Pl
Holt Dr
Virginia Ave
Monterey Dr
National Demographics Corporation
February 4, 2022
City of Lodi
Redistricting 2021 Green Map
Map layers
Green
Census Block
Railroad
Streets
Landmark Point
Water Area
©2021 CALIPER
Green
District 1
Total Pop 13,403
Deviation from ideal 89
% Deviation 0.67%
% Hisp 21.4%
% NH White 65%
% NH Black 1%
% Asian-American 8%
Total 9,601
% Hisp 15%
% NH White 77%
% NH Black 1%
% Asian/Pac.Isl. 6%
Total 9,103
% Latino est. 15%
% Spanish-Surnamed 14%
% Asian-Surnamed 4%
% Filipino-Surnamed 1%
% NH White est. 80%
% NH Black 1%
Total 7,942
% Latino est. 13%
% Spanish-Surnamed 13%
% Asian-Surnamed 4%
% Filipino-Surnamed 1%
% NH White est. 81%
% NH Black 1%
Total 6,131
% Latino est. 11%
% Spanish-Surnamed 11%
% Asian-Surnamed 3%
% Filipino-Surnamed 1%
% NH White est. 84%
% NH Black est. 1%
ACS Pop. Est. Total 13,029
age0-19 27%
age20-60 45%
age60plus 28%
immigrants 6%
naturalized 75%
english 87%
spanish 7%
asian-lang 1%
other lang 4%
Language Fluency Speaks Eng. "Less than Very Well" 2%
hs-grad 51%
bachelor 18%
graduatedegree 12%
Child in Household child-under18 30%
Pct of Pop. Age 16+ employed 63%
income 0-25k 12%
income 25-50k 16%
income 50-75k 18%
income 75-200k 46%
income 200k-plus 9%
single family 84%
multi-family 16%
rented 30%
owned 70%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.
2 12,776
-538
-4.04%
34%
54%
1%
7%
9,068
21%
69%
1%
7%
6,938
21%
19%
3%
1%
76%
0%
5,699
19%
18%
3%
1%
77%
0%
4,185
15%
15%
3%
1%
80%
0%
12,421
23%
50%
27%
13%
54%
75%
18%
2%
6%
12%
54%
12%
5%
27%
63%
18%
25%
25%
28%
4%
79%
21%
44%
56%
3 13,816
502

3.77%
36%
50%
2%
9%
9,294
27%
62%
2%
8%
6,914
22%
21%
3%
1%
72%
1%
5,583
20%
19%
3%
1%
75%
1%
3,897
14%
13%
2%
1%
81%
1%
14,515
29%
52%
19%
17%
47%
66%
24%
4%
6%
14%
51%
15%
6%
37%
64%
21%
23%
18%
32%
5%
67%
33%
56%
44%
4 12,936
-378
-2.84%
68%
14%
1%
15%
5,467
50%
32%
6%
12%
3,467
49%
45%
10%
1%
38%
4%
2,404
44%
42%
11%
1%
40%
4%
1,310
42%
40%
5%
1%
47%
4%
12,984
40%
51%
9%
34%
32%
31%
56%
1%
13%
32%
43%
4%
1%
45%
66%
29%
40%
14%
15%
1%
62%
38%
74%
26%
5 13,640
326

2.45%
37%
42%
2%
14%
8,422
28%
56%
3%
13%
7,117
27%
25%
7%
2%
64%
2%
5,852
24%
22%
7%
2%
66%
2%
3,816
20%
19%
5%
1%
71%
3%
13,330
31%
50%
19%
20%
55%
70%
20%
2%
8%
11%
52%
13%
6%
41%
60%
18%
22%
18%
36%
6%
81%
19%
39%
61%
Total
66,571
1,040

7.81%
39%
45%
2%
10%
41,852
26%
62%
2%
9%
33,539
24%
22%
5%
1%
70%
1%
27,480
21%
20%
5%
1%
72%
1%
19,339
16%
16%
3%
1%
78%
1%
66,279
30%
50%
20%
18%
46%
66%
25%
2%
7%
14%
50%
13%
6%
35%
63%
19%
24%
19%
32%
5%
75%
25%
48%
52%
03/03/2022 7:47 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats
Lodi Memorial Hospital (West)
12 Reynolds Ranch Pkwy
N Guild Ave
Beckm
an Rd
E Thurman Rd
S Hutchins St
E Tunrner Rd
W Sargent Rd
12 S Cherok
ee Ln
Black Diamond Way
Carm
el Cir
S Ham
Ln
Wimbledon Dr
Rivergate Dr
Houston Ln
Low
er Sacram
ento Rd
Edgewood Dr
Church St
Applew
ood Dr
Sandpiper Cir
S Guild Ave
S Fairm
ont Ave
E Lockeford St
E Harney Ln
S Low
er Sacram
ento Rd
Pixley Pkw
y
Industrial Way
N Low
er Sacram
ento Rd
Tienda Dr
Ackerm
an Dr
S Corinth AveJerry Ln
Elm St
S School St
Vine St
99 Tim
berlake Cir
W
estw
ood Ave
Park St S Sacram
ento St
S Cluff Ave
W Harney Ln
Rimby Ave
Tamarack Dr
S Kelly St
Ribier Ave
Louie Ave
Turner Rd
99 Elgin Ave
Pinot Noir Dr
W Tokay St
N W
est Ln
S Pleasant Ave
Paradise Dr
Rutledge Dr
S Sunset Dr
Holly Dr
S Stockton St
Gerard Dr
Vi
enna Dr
Grenoble Dr
Autumn Way
N M
ills Ave
Pearwood Cir
N Pacific
Ave W Lockeford St
S Pacific Ave
Tudor St
E Pine St
Donner Dr
Sweetwood Dr
Mulberry Cir
Lake Home Dr
York St
Eilers Ln
W Vine St
E Oak St
Jackson St
Jam
es St
Capell Dr
Wyndham Way
Le Bec Ct
Devine Dr
Brighton Way
S M
ain St
Incline Dr
Idlewild Dr
Eden St
eritage Oak Way
S Crescent Ave
Avena Ave
S Rose St
Walnut St
S Liebig St
Rio Vista Dr
Chianti Dr
E Elm St
W
ellsw
ood Ave
Maple St
Hilborn St
Harold St
Watson StE Vine St
Flora St
E Lodi Ave
E Locust St
Tara Pl
N Ham
Ln
Daisy Ave
S M
ills Ave
Eureka Ave
Forrest Ave
Olson Dr
N Corinth Ave
Stanislaus St
1st St
Scarborough Dr
N Sunset Dr
Cimmaron Dr
W Pine St
W Locust St
N Lom
a Dr
S Lee Ave
Arundel Ct
Bristol Ln
Saratoga Wa
y
N M
ain St
S Garfield St
N Sacram
ento St
Dove Ct
N Orange Ave
Mounce St
Mullen WaySpringhaven Way
Otta Dr
W Elm St
N Central Ave
Arbor Ct Oriole Ln
Cross St
Cond
or Ct
Inglewood Dr
Cabrillo Cir
Evergreen Dr
Lakeshore Dr
W Vine
Kirkwood Dr
Brittany Ln
Yale W
ay
Sand Creek Dr
Harvest Ln
Willow Pt
Holt Dr
Monterey Dr
National Demographics Corporation
February 4, 2022
City of Lodi
Redistricting 2021 Orange Map
Map layers
Orange
Census Block
Railroad
Streets
Landmark Point
Water Area
©2021 CALIPER
Orange
District 1
Total Pop 13,438
Deviation from ideal 124
% Deviation 0.93%
% Hisp 22.8%
% NH White 63%
% NH Black 2%
% Asian-American 9%
Total 9,689
% Hisp 17%
% NH White 73%
% NH Black 2%
% Asian/Pac.Isl. 6%
Total 8,714
% Latino est. 15%
% Spanish-Surnamed 14%
% Asian-Surnamed 4%
% Filipino-Surnamed 1%
% NH White est. 79%
% NH Black 1%
Total 7,555
% Latino est. 13%
% Spanish-Surnamed 13%
% Asian-Surnamed 4%
% Filipino-Surnamed 1%
% NH White est. 80%
% NH Black 1%
Total 5,674
% Latino est. 11%
% Spanish-Surnamed 10%
% Asian-Surnamed 3%
% Filipino-Surnamed 1%
% NH White est. 83%
% NH Black est. 1%
ACS Pop. Est. Total 13,341
age0-19 28%
age20-60 47%
age60plus 25%
immigrants 8%
naturalized 66%
english 85%
spanish 8%
asian-lang 2%
other lang 6%
Language Fluency Speaks Eng. "Less than Very Well" 4%
hs-grad 52%
bachelor 17%
graduatedegree 12%
Child in Household child-under18 33%
Pct of Pop. Age 16+ employed 65%
income 0-25k 12%
income 25-50k 16%
income 50-75k 17%
income 75-200k 46%
income 200k-plus 9%
single family 80%
multi-family 20%
rented 35%
owned 65%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.
2 12,790
-524
-3.94%
34%
54%
1%
7%
9,084
22%
69%
1%
7%
6,930
21%
19%
3%
1%
76%
0%
5,696
19%
18%
3%
1%
77%
0%
4,163
15%
15%
2%
1%
81%
0%
12,447
23%
50%
27%
13%
54%
75%
18%
2%
6%
12%
54%
12%
5%
27%
63%
18%
25%
25%
28%
4%
79%
21%
44%
56%
3 13,376
62 0.47%
33%
54%
2%
8%
8,963
22%
68%
1%
7%
7,289
20%
19%
3%
1%
75%
1%
5,986
18%
17%
3%
1%
77%
1%
4,258
12%
12%
2%
1%
83%
1%
13,586
28%
50%
22%
15%
48%
71%
21%
4%
4%
12%
50%
16%
7%
34%
62%
21%
22%
19%
32%
5%
71%
29%
51%
49%
4 13,619
305

2.29%
68%
14%
1%
15%
5,795
52%
30%
5%
12%
3,720
50%
46%
10%
1%
37%
4%
2,593
46%
43%
11%
1%
39%
4%
1,451
43%
41%
5%
1%
45%
3%
13,747
40%
51%
9%
34%
33%
30%
56%
1%
12%
33%
42%
4%
1%
46%
66%
29%
40%
14%
16%
1%
62%
38%
73%
27%
5 13,348
34 0.26%
37%
42%
2%
14%
8,321
28%
56%
3%
13%
6,886
27%
25%
7%
2%
64%
2%
5,650
24%
22%
7%
2%
66%
2%
3,793
20%
19%
5%
1%
71%
3%
13,158
31%
50%
19%
20%
55%
70%
20%
2%
8%
11%
52%
13%
6%
41%
60%
18%
22%
18%
36%
6%
80%
20%
39%
61%
Total
66,571
829

6.23%
39%
45%
2%
10%
41,852
26%
62%
2%
9%
33,539
24%
22%
5%
1%
70%
1%
27,480
21%
20%
5%
1%
72%
1%
19,339
16%
16%
3%
1%
78%
1%
66,279
30%
50%
20%
18%
46%
66%
25%
2%
7%
14%
50%
13%
6%
35%
63%
19%
24%
19%
32%
5%
75%
25%
48%
52%
03/03/2022 7:41 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats
Lodi Memorial Hospital (West)
Reynolds Ranch Pkwy
N Guild Ave
Beckm
an Rd
E Thurman Rd
S Hutchi
ns St
Dorchester Cir
E Tunrner Rd
W Sargent Rd
12 S Che
rokee Ln
Black Diamond Way
Carm
el Cir
S Ham
Ln
Rivergate Dr
Houston Ln
Low
er Sacram
ento Rd
Edgew
ood Dr
Church St
Applew
ood Dr
Sandpiper Cir
S Guild Ave
12 E Lockeford St
E Harney Ln
S Low
er Sacra
m
ento Rd
Pixley Pkw
y
Industrial Way
Rockingham
Cir
N Low
er Sacram
ento Rd
Tienda Dr
Ackerm
an Dr
S Corinth Ave
Corbin Ln
Jerry Ln
Elm St
S School St
Vine St
99 Tim
berlake Cir
We
stw
ood Ave
Park St S Sacram
ento St
S Cluff Ave
Rimby Ave
Tamarack Dr
S Kelly St
Ribier Ave
Cardinal St
Louie Ave
Turner Rd
99 Elgin Ave
Pinot Noir Dr
N We
st Ln
S Pleasant Ave
Sylvia Dr
Paradise Dr
Keagle Way
Rutledge Dr
Holly Dr
S Stockton St
Gerard Dr
Vienna Dr
Grenoble Dr
W Harney Ln
Autumn Way
N M
ills Ave
Pearwood Cir
N Pacific Av
e W Lockeford St
Lloyd St
S Pacific Ave
Tudor St
E Pine St
Donner Dr
S M
ills Ave
Sweetwood Dr
Lake Home Dr
York St
Eilers Ln
E Oak St
Jackson St
Jam
es St
Capell Dr
Wyndham Way
Le Bec Ct
Devine Dr
Brighton Way
S M
ain St
Incline Dr
Idlewild Dr
Eden St
Heritage Oak Way
S Crescent
Ave
Avena Ave
S Fairm
ont Ave
S Sunset Dr
S Rose St
Walnut St
S Liebig St
Rio Vista Dr
Chianti Dr
E Elm St
We
llsw
ood Ave
Maple St
Hilborn St
Harold St
Watson StE Vine St
Flora St
E Lodi Ave
E Locust St
Tara Pl
N Ham
Ln
Daisy Ave
Eureka Ave
Forrest Ave
Olson Dr
Stanislaus St
Kirkwood Dr
1st St
W
inchester Dr
Arcadia Pl
Cimmaron Dr
W Pine St
W Locust St
N Lom
a Dr
S Lee Ave
Bristol Ln
Scarborough Dr
Saratoga W
ay
N M
ain St
S Garfield St
Dove Ct
Mullen Way
Otta Dr
W Elm St
W Vine St N Central Ave
W
oodrow
St
Cross St
Condor CtAlpine Dr
Inglewood Dr
Evergreen Dr
Lakeshore Dr
Cabrillo Cir
Oriole Ln
Fir Dr
Brittany Ln
Sand Creek Dr
Acorn Way
de Force Ave
Blackbird Pl
Willow Pt
Holt Dr
Virginia Ave
Buena Vista Dr
City of Lodi
Redistricting 2021 Yellow Map
Map layers
Yellow
Census Block
Railroad
Streets
Landmark Point
Water Area
©2021 CALIPER
Yellow
District 1
Total Pop 13,953
Deviation from ideal 639
% Deviation 4.80%
% Hisp 22.5%
% NH White 62%
% NH Black 2%
% Asian-American 10%
Total 9,979
% Hisp 17%
% NH White 72%
% NH Black 2%
% Asian/Pac.Isl. 7%
Total 9,040
% Latino est. 15%
% Spanish-Surnamed 14%
% Asian-Surnamed 5%
% Filipino-Surnamed 1%
% NH White est. 78%
% NH Black 2%
Total 7,833
% Latino est. 14%
% Spanish-Surnamed 13%
% Asian-Surnamed 5%
% Filipino-Surnamed 1%
% NH White est. 79%
% NH Black 1%
Total 5,846
% Latino est. 11%
% Spanish-Surnamed 11%
% Asian-Surnamed 4%
% Filipino-Surnamed 1%
% NH White est. 82%
% NH Black est. 2%
ACS Pop. Est. Total 13,811
age0-19 28%
age20-60 47%
age60plus 25%
immigrants 9%
naturalized 64%
english 84%
spanish 8%
asian-lang 1%
other lang 6%
Language Fluency Speaks Eng. "Less than Very Well" 4%
hs-grad 52%
bachelor 16%
graduatedegree 12%
Child in Household child-under18 34%
Pct of Pop. Age 16+ employed 65%
income 0-25k 12%
income 25-50k 15%
income 50-75k 17%
income 75-200k 46%
income 200k-plus 9%
single family 80%
multi-family 20%
rented 35%
owned 65%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.
2 12,785
-529
-3.97%
35%
54%
1%
6%
9,071
22%
69%
1%
7%
6,943
21%
19%
3%
1%
76%
0%
5,708
19%
18%
3%
1%
77%
0%
4,187
15%
15%
3%
1%
80%
0%
12,441
23%
50%
27%
13%
54%
75%
18%
2%
6%
12%
54%
12%
5%
27%
63%
18%
25%
25%
28%
4%
79%
21%
44%
56%
3 13,097
-217
-1.63%
30%
57%
2%
8%
8,951
20%
71%
1%
7%
7,507
19%
18%
3%
1%
76%
1%
6,217
17%
16%
3%
1%
78%
1%
4,588
12%
12%
2%
1%
83%
1%
13,372
28%
49%
23%
13%
49%
75%
17%
4%
4%
9%
51%
16%
8%
32%
62%
21%
22%
19%
33%
5%
73%
27%
50%
50%
4 13,053
-261
-1.96%
69%
13%
1%
15%
5,423
52%
30%
5%
13%
3,443
52%
48%
10%
1%
36%
3%
2,381
47%
44%
12%
1%
38%
3%
1,300
45%
44%
6%
1%
44%
3%
13,089
40%
51%
9%
35%
33%
28%
58%
1%
13%
34%
42%
4%
1%
46%
65%
28%
41%
15%
15%
1%
62%
38%
74%
26%
5 13,683
369

2.77%
41%
39%
2%
13%
8,427
31%
53%
2%
12%
6,606
29%
27%
7%
2%
63%
2%
5,341
26%
24%
7%
2%
65%
2%
3,418
21%
20%
4%
1%
71%
2%
13,567
31%
51%
18%
21%
54%
65%
25%
3%
7%
14%
51%
13%
5%
41%
60%
18%
24%
18%
34%
5%
77%
23%
42%
58%
Total
66,571
1,168

8.77%
39%
45%
2%
10%
41,852
26%
62%
2%
9%
33,539
24%
22%
5%
1%
70%
1%
27,480
21%
20%
5%
1%
72%
1%
19,339
16%
16%
3%
1%
78%
1%
66,279
30%
50%
20%
18%
46%
66%
25%
2%
7%
14%
50%
13%
6%
35%
63%
19%
24%
19%
32%
5%
75%
25%
48%
52%
03/03/2022 7:47 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats
Reynolds Ranch Pkwy
N Guild Ave
Beckm
an Rd
E Thurman Rd
S Hutchins St
Dorcheste
r Cir
E Tunrner Rd
W Sargent Rd
12 S Cherokee Ln
Black Diamond Way
Carm
el Cir
S Ham
Ln
Rivergate Dr
Houston Ln
Low
er Sacram
ento Rd
Edgewood Dr
Church St
Applew
ood Dr
S Guild Ave
12 E Harney Ln
S Low
er Sac
ram
en
to Rd
Pixley P
kw
y
Industrial Way
Rockingham
Cir
N Low
er Sacram
ento Rd
99 Tienda Dr
S Corinth Ave
N S
tockton St
Corbin Ln
Vista Dr
Jerry Ln
Elm St
S School S
t
Tim
berlake Cir
W
estw
ood Ave
Park St
Cam
bridge Pl
S Sacram
ento St
Rimby Ave
Alicante Dr
S Kelly St
Cardinal St
Louie Ave
Turner Rd
Cabrillo Cir
Glenhurst Dr
N W
est Ln
S Pleasant Ave
Sylvia Dr
Paradise Dr
Keagle Way
Holly Dr
S Stockton St
Gerard Dr
Vienna Dr
W Harney Ln
N M
ills Ave
Pearwood Cir
Audubon Dr
N Pacific Ave W Lockeford St
Vine St
Lloyd St
S Pacific Ave
E Pine St
Sweetwood Dr
Lake Home Dr
York St
Eilers Ln
E Oak St
Calaveras St
Jam
es St
Capell Dr
Wyndham Way
Le Bec Ct
S M
ain St
Incline Dr
Idlewild Dr
Reisling Dr
Eden St
Heritage Oak Way
Stratford Ln
S Crescent Ave
S Sunset Dr
S Rose
St
Walnut St
S Liebig St
W
ellsw
ood Ave
Kram
er Dr Stonebridge Dr
N M
ain St
Maple St
Hilborn St
Watson StE Vine St
Flora St
E Lodi Ave
Tahoe Dr
Culbertson Dr
Daisy Ave
Eureka Ave
Forrest Ave
Olson Dr
Greenwood Dr
1st St
Scarborough Dr
Cimmaron Dr
Academ
y St
W Pine St
W Century Blvd
Cumbria Way
Rio Vista Dr
E Locust St
N Lom
a Dr
S Lee Ave
E Elm St
el Centro Dr
Golden Ave
California St
Perlegos Way
N W
ashington St
Lav
er
Ct W
oodrow
St
Inglewood Dr
Evergreen Dr
Interlaken Dr
Lowe St
Songbird Pl
W Oak St
Harvest Ln
Estralita Dr
Wintun Dr
Village St
Claret
Ct
Monterey Dr
Ticknor Ct
Almondwood Pl
National Demographics Corporation
March 11, 2022
City of Lodi
Redistricting 2021 Public 501 Map
Map layers
Public 501
Census Block
Railroad
Streets
Landmark Point
Water Area
©2021 CALIPER
April 6, 2022 Shalice Tilton, Senior Consultant
National Demographics Corporation
City of Lodi
Redistricting Draft Maps

2 Redistricting Timeline
2 Step Description
Initial Public Hearings
July 21 & August 18
• Held prior to release of draft maps
• Educate and solicit input on the communities in the Districts Census Data Releases • Census Bureau 2020 Census population data – August. 12 • California’s official ‘prisoner-adjusted’ 2020 redistricting data – Sept. 21, 27 Draft Map Public Hearing
March 2
• Held to discuss draft maps and election sequencing.
• Identified Yellow Map as preferred map.

Public Workshops
March 10 & March 18
• Educate on redistricting and mapping tools
• Solicit input on draft maps
March 23, 2022 • Deadline to submit new or revisions to draft maps.

Draft Map Public Hearing
April 6
• Discuss draft maps and election sequence
• Select a map for adoption
Map Adoption
By April 17, 2022
• Final map must be posted at least 7 days prior to adoption April 6, 2022
3 Equal Population
Federal Voting Rights Act
No Racial Gerrymandering
Minimize voters shifted to
different election years
Respect voters’ choices /
continuity in office
Future population growth
Preserving the core of existing
districts

1. Federal Laws 2. California Criteria for
Cities

1. Geographically contiguous

2. Undivided neighborhoods
and “communities of
interest”
(Socio-economic geographic areas
that should be kept together)

3. Easily identifiable
boundaries

4. Compact
(Do not bypass one group of
people to get to a more distant
group of people)
Prohibited: “Shall not favor or
discriminate against a political party.”

3. Other Traditional
Redistricting Principles
3 Redistricting Rules and Goals
April 6, 2022
4 Existing Districts
4April 6, 2022
• Ideal population per
district is 13,310.
• Overall deviation of

16.19% exceeds allowable
10% deviation.

55April 6, 2022
Visit
Lodi.Gov/1048/Draft-
Maps
for printable versions of
each map with a
complete demographic
summary.

View map details at:
https://arcg.is/WWmq5
Preferred Map

66April 6, 2022
• Deviation 8.77%
• Highest Latino
CVAP: 52% (D4)
• No Pairings
Preferred Map
77April 6, 2022
• Deviation 7.81%
• Highest Latino
CVAP: 50% (D4)
• No Pairings
8 8April 6, 2022
• Deviation 7.81%
• Highest Latino
CVAP: 50% (D4)
• No Pairings
99April 6, 2022
• Deviation 8.13%
• Highest Latino
CVAP: 44% (D3)
• Two Pairings
Not recommended due
to lower Latino CVAP

10 11
Discussion & Action
11  Public hearing to receive input on draft maps.
 Select a map for adoption.
 Review and adjust the district assignments on the selected map, if needed, with Election Year 2022: Districts 1, 2, 3 and Election Year 2024: Districts 4, 5
 Approve introduction of an ordinance to adopt a new Council district boundary map.

ORDINANCE NO. ___

AN UNCODIFIED ORDINANCE OF THE LODI CITY COUNCIL
AMENDING CHAPTER 1.12 – MUNICIPAL ELECTIONS –

OF THE LODI MUNICIPAL CODE ADOPTING MAP DESIGNATING REVISED

CITY COUNCIL ELECTION DISTRICTS AND BOUNDARIES BASED ON FINAL 2020 CENSUS DATA

WHEREAS, on March 7, 2018, the City Council adopted Ordinance No. 1949, transitioning from at-large elections to by-district City Council member elections following the 2018 elections and incorporating by reference the district map, known then as Map 119d; and

WHEREAS, following release of the decennial census data and by April 17, 2022, California Elections Code section 21600, et. Seq., requires the City Council review and adjust the boundaries of its districts, using the census data as a basis for any changes, to ensure continuing compliance with the federal Voting Right Act and California Constitution; and

WHEREAS, in 2019, the California legislature adopted the Fair and Inclusive Redistricting for Municipalities and Political Subdivisions (FAIR MAPS) Act (AB 849) significantly changing the criteria for mapping and adopting new redistricting criteria and deadlines compared to the rules when Lodi transitioned from at-large to district elections in 2018. In redrawing district boundaries, Council must comply with the following mandatory criteria in the creation of the final map:
a. Population equality across districts. “[A]dopt boundaries for any or all of the council districts of the city so that the council districts shall be substantially equal in population….” (Elections Code §21601(a) and Government Code §34884.) b. Compliance with the U.S. Constitution, the California Constitution, and the federal Voting Rights Act of 1965 (52 U.S.C. §10301, et seq.).
c. Adopt district boundaries using the following criteria in the order presented:
(i) To the extent practicable, council districts shall be geographically contiguous. (Elec. C. §21601(c)(1).)
(ii) To the extent practicable, the geographic integrity of any local neighborhood or local community of interest shall be respected in a manner that minimizes its division. A “community of interest” is a population that shares common social or economic interests that should be included within a single district for purposes of its effective and fair representation. (Elec. C. §21601(c)(2).) (iii) Council district boundaries should be easily identifiable and understandable by residents. (Elec. C. §21601(c)(3).)
(iv) To the extent practicable, and where it does not conflict with the proceeding criteria(c)(i)-(iii) above, council districts should be drawn to encourage geographical compactness in a manner that nearby areas of population are not bypassed in favor of or more distant populations. (Elec. C. §21601(c)(4).) d. Race cannot be a “predominant” factor or criteria when drawing districts. (Shaw v.

Reno (1993) 509 US 630; Miller v. Johnson (1995) 515 US 900; and Cooper v.

Harris (2017) 137 S.Ct. 1455.
e. Compliance with the federal Voting Rights Act, which among things, prohibits districts that dilute minority voting rights, and encourages a majority -minority district, if the minority group is sufficiently large, and such a district can be drawn without race being the predominant factor. (Bartlett v. Strickland (2009) 566 US 1.)

WHEREAS, the Lodi City Council conducted four public hearings, as required, on July 21, 2021, to receive a report on the redistricting process and permissible criteria to be considered to redraw City Council election boundaries; August 18, 2021, to receive information on the permissible criteria to be considered to redraw City Council election district boundaries, instructions on defining neighborhood and communities of interest, and to recei ve public input; and March 2, 2022 and April 6, 2022 to consider the final 2020 Census data and receive public input regarding the redrawing of election district boundaries; and

WHEREAS, two public workshops on the redistricting process and mapping were conducted on March 10, 2022 and March 18, 2022; and

WHEREAS, pursuant to Elections Code Section 21608, the City provided language services in both English and Spanish, as provided by the Secretary of State, by offering qualifying materials and “live translation” (interpretation) services upon a request made at least 72 hours in advance of a hearing or workshop; and

WHEREAS, public outreach efforts for all hearings and workshops were posted on the City’s website and social media platforms; published in t he local newspaper; and advertised on City buses in both English and Spanish; and

WHEREAS, March 23, 2022, was designated as the final deadline to submit draft maps for Council consideration. At the final public hearing on April 6, 2022, the Lodi City Council considered three (3) maps and the accompanying demographic information that were submitted by the City’s consultant, National Demographics Corporation, labeled “yellow” (identified by the City Council as its preferred map at the March 2, 2022, public hearing), “green”, and “orange.” Only one map was submitted by a member of the public, labeled “Public Map 501,” which did not achieve a 50%+ majority Latino Citizen Voting Age Population district and, therefore, was not considered; and

WHEREAS, at a regular meeting of the Lodi City Council held on April 6, 2022, the City Council held a final public hearing on the proposal to review and redraw district boundaries.

Council reviewed additional public input and selected the voting district map labeled as “yellow”, attached hereto and incorporated herein, which was introduced for the first reading at the same regular meeting of the City Council; and

WHEREAS, at the regular meeting of the City Council held on April 20, 2022, the City Council conducted a second reading to adopt this Ordinance; and

WHEREAS, the purpose of this Ordinance is to select a new map reflecting the 2020 Census data and compliant with the U.S. Constitution, federal Voting Right Act, the California Constitution, and California’s Fair Maps Act for the election of members of the City Council of the City of Lodi by -district in five single -member districts, as reflected in Exhibit A attached to this Ordinance and incorporated herein.

NOW, THEREFORE BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS:

Section 1. The foregoing recitals are true and correct.

Section 2. The City of Lodi is divided into five (5) Council districts and the boundaries of the districts are more particularly depicted in the map attached hereto as Exhibit A and incorporated by this reference. Pursuant to Lodi Municipal Code section 1.12.070, the map of the City showing the current boundaries and districts (Exhibit A) shall be maintained by the City Clerk. No other changes are made to Lodi Municipal Code Chapter 1.12 – “Municipal Elections”.

Section 3. If necessary to facilitate the implementation of this Ordinance, the City Clerk is authorized to make technical adjustments to the district boundaries that do not substantively affect the population in the district. The City Clerk shall consult with the City Manager and City Attorney concerning any technical adjustments deemed necessary and shall advise the City Council of any such adjustments required in the implementation of the districts.

Section 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrases of this Ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council of the City of Lodi hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective.

Section 5. No Mandatory Duty of Care. This Ordinance is not intended to and shall not be construed or given effect in a manner which imposes upon the City, or any officer or employee thereof, a mandatory duty of care towards persons or property within the City o r outside of the City so as to provide a basis of civil liability for damages, except as otherwise imposed by law.

Section 6. CEQA. This Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Government Code Section 15060(c)(2) (activity will not result in a direct or reasonable foreseeable indirect physical change in the environment), Section 15060(c)(3) (the activity is not a project as defined in Section 15378), and Section 15061(b)(3) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for causing a significant effect on the environment.

Section 7. Conflict. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist.

Section 8. Effective Date . This Ordinance shall be published one time in the “Lodi News Sentinel,” a daily newspaper of general circulation printed and published in the City of Lodi, and shall be in force and take effect on ________.

Approved this ___ date of ______, 2022

_____________________________

MARK CHANDLER
Mayor

Attest:

_____________________________
PAMELA M. FARRIS
Acting City Clerk

State of California
County of San Joaquin, ss

I, Pamela M. Farris, Acting City Clerk of the City of Lodi, do hereby certify that Ordinance No. ___ was introduced at a regular meeting of the City Council of the City of Lodi held April 6, 2022, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held ______, 2022, by the following vote:

AYES: COUNCIL MEMBERS –

NOES: COUNCIL MEMBERS –

ABSENT: COUNCIL MEMBERS –

ABSTAIN: COUNCIL MEMBERS –

I further certify that Ordinance No. ____ was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law.

_____________________________
PAMELA M. FARRIS
Acting City Clerk

Approved as to Form:

_____________________________
JANICE D. MAGDICH
City Attorney

RESOLUTION NO. 2022-____

A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE
AMENDMENT TO CHAPTER 1.12 – MUNICIPAL ELECTIONS –

OF THE LODI MUNICIPAL CODE ADOPTING MAP DESIGNATING REVISED

CITY COUNCIL ELECTION DISTRICTS AND BOUNDARIES BASED ON FINAL 2020 CENSUS DATA
=============================================================================

WHEREAS, on March 7, 2018, the City Council adopted Ordinance No. 1949, transitioning from at-large elections to by -district City Council member elections foll owing the 2018 elections and incorporating by reference the district map, known then as Map 119d; and

WHEREAS, following release of the decennial census data and by April 17, 2022, California Elections Code section 21600, et. seq., requires the City Counc il review and adjust the boundaries of its districts, using the census data as a basis for any changes, to ensure continuing compliance with the federal Voting Right Act and California Constitution; and

WHEREAS, in 2019, the California legislature adopted the Fair and Inclusive Redistricting for Municipalities and Political Subdivisions (FAIR MAPS) Act (AB 849) significantly changing the criteria for mapping and adopting new redistricting criteria and deadlines compared to the rules when Lodi transitioned from at-large to district elections in 2018. In redrawing district boundaries, Council must comply with the following mandatory criteria in the creation of the final map:
a. Population equality across districts. “[A]dopt boundaries for any or all of the council districts of the city so that the council districts shall be substantially equal in population….” (Elections Code §21601(a) and Government Code §34884.) b. Compliance with the U.S. Constitution, the California Constitution, and the federal Voting Rights Act of 1965 (52 U.S.C. §10301, et seq.).
c. Adopt district boundaries using the following criteria in the order presented:
(i) To the extent practicable, council districts shall be geographically contiguous. (Elec.

C. §21601(c)(1).)
(ii) To the extent practicable, the geographic integrity of any local neighborhood or local community of interest shall be respected in a manner that minimizes its division. A “community of interest” is a population that shares common social or economic interests that should be included within a single district for purposes of its effective and fair representation. (Elec. C. §21601(c)(2).)
(iii) Council district boundaries should be easily identifiable and understandable by residents. (Elec. C. §21601(c)(3).)
(iv) To the extent practicable, and where it does not confli ct with the proceeding criteria(c)(i)-(iii) above, council districts should be drawn to encourage geographical compactness in a manner that nearby areas of population are not bypassed in favor of or more distant populations. (Elec. C. §21601(c)(4).)
d. Race cannot be a “predominant” factor or criteria when drawing districts. (Shaw v. Reno (1993) 509 US 630; Miller v. Johnson (1995) 515 US 900; and Cooper v. Harris (2017) 137 S.Ct. 1455.
e. Compliance with the federal Voting Rights Act, which among things, prohibits districts that dilute minority voting rights, and encourages a majority -minority district, if the minority group is sufficiently large, and such a district can be drawn without race being the predominant factor. (Bartlett v. Strickland (2009) 566 US 1.)

WHEREAS, the Lodi City Council conducted four public hearings, as required, on July 21, 2021, to receive a report on the redistricting process and permissible criteria to be considered to redraw City Council election boundaries; August 18, 2021, to receive information on the permissible criteria to be considered to redraw City Council election district boundaries, instructions on defining neighborhood and communities of interest, and to receive public input; and March 2, 2022 and April 6, 2022 to consider the final 2020 Census data and receive public input regarding the redrawing of election district boundaries; and

WHEREAS, two public workshops on the redistricting process and mapping were conducted on March 10, 2022 and March 18, 2022; and

WHEREAS, pursuant to Elections Code Section 21608, the City provided language services in both English and Spanish, as provided by the Secretary of State, by offering qualifying materials and “live translation” (interpretation) services upon a request made at least 72 hours in advance of a hearing or workshop; and

WHEREAS, public outreach efforts for all hearings and workshops were posted on the City’s website and social media platforms; published in the local newspaper; and advertised on City buses in both English and Spanish; and

WHEREAS, March 23, 2022, was designated as the final deadline to submit draft maps for Council consideration. At the final public hearing on April 6, 2022, the Lodi City Council considered three (3) maps and the accompanying demographic information that were submitted by the City’s consultant, National Demographics Corporation, labeled “yellow” (identified by the City Council as its preferred map at the March 2, 2022, public hearing), “green”, and “orange.” O nly o ne map was submitted by a member of the public, labeled “Public Map 501,” which did not achieve a 50%+ majority Latino Citizen Voting Age Population district and, therefore, was not considered; and

WHEREAS, at a regular meeting of the Lodi City Council held on April 6, 2022, the City Council held a final public hearing on the proposal to review and redraw district boundaries. Council reviewed additional public input and selected the voting district map labeled as “yellow”; and

WHEREAS, the purpose of this Resolution is to select a new map reflecting the 2020 Census data and compliant with the U.S. Constitution, federal Voting Right Act, the California Constitution, and California’s Fair Maps Act for the election of members of the City Council of the City of Lodi by -district in five single-member districts, as reflected in Exhibit A attached hereto and incorporated herein.

NOW, THEREFORE BE IT RESOLVED BY THE LODI CITY COUNCIL AS FOLLOWS:

Section 1. The foregoing recitals are true and correct.

Section 2. The City of Lodi is divided into five (5) Council districts and the boundaries of the districts are more particularly depicted in the map attached hereto as Exhibit A and i ncorporated by this reference. Pursuant to Lodi Municipal Code section 1.12.070, the map of the City showing the current boundaries and districts (Exhibit A) shall be maintained by the City Clerk. No other changes are made to Lodi Municipal Code Chapter 1.12 – “Municipal Elections”.

Section 3. If necessary to facilitate the implementation of this Ordinance, the City Clerk is authorized to make technical adjustments to the district boundaries that do not substantively affect the population in the district. The City Clerk shall consult with the City Manager and City Attorney concerning any technical adjustments deemed necessary and shall advise the City Council of any such adjustments required in the implementation of the districts.

Section 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrases of this Resolution or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The City Council of the City of Lodi hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective.

Section 5. No Mandatory Duty of Care. This Resolution is not intended to and shall not be construed or given effect in a manner which imposes upon the City, or any officer or employee thereof, a mandatory duty of care towards persons or property within the City or outside of the City so as to provide a basis of civil liability for damages, except as otherwise imposed by law.

Section 6. CEQA. This Resolution is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Government Code Section 15060(c)(2) (activity will not result in a direct or reasonable foreseeable indirect physical change in the environment), Section 15060(c) (3) (the activity is not a project as defined in Section 15378), and Section 15061(b)(3) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for causing a significant effect on the environment.

Dated: M arch 2, 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 April 6, 2022, by the following vote:

AYES: COUNCIL MEMBERS –

NOES: COUNCIL MEMBERS –

ABSENT: COUNCIL MEMBERS –

ABSTAIN: COUNCIL MEMBERS –

PAMELA M. FARRIS
Assistant City Clerk

2022-____

AGENDA ITEM B-01

COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Presentation of Proclamation Proclaiming the Week of April 10- 16, 2022, as “National Animal Control Officer Appreciation Week”
M
EETING DATE: April 6, 2022
P
REPARED BY: Chief of Police
RE
COMMENDED ACTION: Presentation of proclamation proclaiming the week of April 10-16, 2022, as “National Animal Control Officer Appreciation Week.”
B
ACKGROUND INFORMATION: National Animal Control Officer Appreciation Week is a national event to recognize the men and women who dedicate countless hours for the safety of the public and animals. Just like any law enforcement agent, animal care and control officers are compassionate and committed people who serve on a daily basis to ensure the safety of pets, people, and wild animals.

E
very day, in all of our communities, dedicated Animal Services Officers (ASOs) answer calls for assistance.

They apprehend roaming and/or dangerous dogs, rescue animals in danger, investigate situations of alleged animal abuse and neglect, transport injured animals to veterinary hospitals for care, regularly educate pet owners about responsible pet care, and mediate disputes between neighbors regarding their pets.

I
n the past year, ASOs responded to 1,606 field/service calls and rescued 412 stray animals. We depend upon ASOs to fulfill the Animal Services Unit’s commitment to providing the highest and most efficient level of customer service. They are dedicated to the health, safety, and protection of the citizens and animals of Lodi.

T
he Lodi Police Department has two Assistant Animal Services Officers and one Animal Services Supervisor who work nine-hour shifts and rotate on-call for after-hour needs.

F
ISCAL IMPACT: Not applicable.

F
UNDING AVAILABLE: Not applicable
________________________________________
S ierra Brucia
Chief of Police
AGENDA ITEM B-02

COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Presentation of Proclamation Proclaiming the Week of April 10- 16, 2022 as “National Public Safety Telecommunicators Week”
M
EETING DATE: April 6, 2022
P
REPARED BY: Chief of Police
RE
COMMENDED ACTION: Presentation of proclamation proclaiming the week of April 10-16, 2022, as “National Public Safety Telecommunicators Week.”
B
ACKGROUND INFORMATION: National Public Safety Telecommunicators Week is a national event to recognize the men and women who dispat ch our police forces. Although they are not as visible as the men and women who arrive at the scene of emergencies, they are equally important to the safety and level of service provided to our community.

E
very day, in all of our communities, dedicated public safety telecommunicators answer calls for assistance.

They dispatch our calls for help to the City’s police department and facilitate the execution of law -enforcement operations in our city.

W
e depend upon public safety telecommunicators to notify emergency personnel promptly, clearly, and calmly.

We depend on them to keep our loved ones calm and assured in an emergency. We depend on them for guidance and support in our most frantic and panicked moments.

T
he Lodi Police Department has 12 dispatcher/jailers, four lead dispatchers, and one dispatch supervisor working 12-hour shifts. Lodi is one of the very few departments in the state where dispatchers not only staff the Communications Center for business and 911 calls, they also serve as jailers; booking, processing, and providing care for prisoners while they await arraignment in court or transfer to other agencies. Several of the dispatchers are also cross-trained to work special assignments such as assisting the Property Clerk, acting as Field Evidence Technicians, members of the Hostage Negotiations Team, and Tactical Dispatch.

F
ISCAL IMPACT: Not applicable.

F
UNDING AVAILABLE: Not applicable.
_______________________________________

Sierra Brucia
Chief of Police
AGENDA ITEM B-03

COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Presentation of Proclamation Proclaiming the Week of April 17 -23, 2022 , as “National Volunteer Week”
M
EETING DATE: April 6, 2022
P
REPARED BY: Chief of Police
RE
COMMENDED ACTION: Presentation of proclamation proclaiming the week of April 17-23, 2022, as “National Volunteer Week.”
B
ACKGROUND INFORMATION: N ational Volunteer Week is a national event to recognize and celebrate the profound impact men and women who volunteer have on their community.

Our city departments have the opportunity to invite and work with the numerous volunteers who occupy the following positions:

T
he Public Library volunteers assist as Adult Literacy tutors, homework help tutors, Lucas Computer Learning Center coaches and instructors. Volunteers also undertake general library needs and occupy the non-profit boards; Friends of the Lodi Public Library and Lodi Public Library Foundation.

T
he Public Works Department welcomes many volunteer groups who donate time to accomplish specific projects. Volunteers work on the following projects: September Coastal Cleanup, springtime Love Lodi, Galt Adult Learning Center bi-monthly cleanups at Lodi Lake, UC Master Gardener’s Downtown Riverfriendly Demo Garden, Litterati Cleanup App, and the monthly monitoring Storm Drain Detective students.

T
he Parks, Recreation, and Cultural Services Department has more than 300 volunteers who provide over 2,500 hours of assistance such as youth coaches, Boosters of Boys/Girls Sports (BOBS), various scout programs for park improvements; commissions and boards, such as the Lodi Parks and Recreation Commission, Hutchins Street Square Foundation, Lodi Arts Commission, and Lodi Arts Foundation; civic groups such as the Sister City Community, Lodi-Tokay Rotary, Sunrise Rotary, Lodi Rotary, Kiwanis Club and Lodi Lions; nonprofits and clubs, including Tree Lodi, Bike Lodi, and the Lodi Garden Club, and those who vol unteer on their own through our Lodi Lake Docents, Lodi Parks People, and Adopt-a-Park programs and opportunities to serve at Hutchins Street Square/Performing Arts Theater.

T
he Police Cadet Program offers local youths between the ages of 16 and 24 the opportunity to volunteer and gain valuable experience during their high school and college years. The Cadets participate in several special events throughout the year including; serving as decoys for the ABC Grant operations, assisting with the Parade of Lights, Police Chiefs Gala, DUI checkpoints and performing clerical duties in the Records Division. Many of these young people transition into a full-time career in law enforcement.

Presentation of proclamation proclaiming the week of April 17-23, 2022, as “National Volunteer Week” April 6, 2022

Page 2 ends

The Police Chaplaincy Program was formed in February of 1994. There are currently six clergy providing daily support for Lodi Police Department personnel and their families. The Chaplains also administer emergency response when needed, providing emotional support and assistance to officers in the field with death notifications and at critical and crisis incidents.

The Lodi Police Partners have been in operation for 29 years, providing endless hours of service to the Lodi Police Department. Partners patrol city streets, parks, and schools. They serve as additional eyes and ears for the Lodi Police Department and provide information and assistance to the community in a variety of ways.

Partners’ assignments include: clerical assignments, parking enforcement, patrol assistance, special event support, abatement patrol, and the Stranger Danger education program. Partners also raise funds for vehicles donated to the City and used by the volunteers.

There are also community volunteers who serve behind the scenes on the Crime Stoppers Board, Lodi Police Foundation Board, Lodi Animal Services Foundation Board, and the Chaplain Board of Directors. All give generously of their time and talents, and often their personal funds; toward the betterment of the Lodi Police Department and ultimately in service to the community.

Representatives of the Police, Library, Public Works, and Parks, Recreation, and Cultural Services Departments will be present to accept the proclamation.

FISCAL IMPACT: Not applicable.

FUNDING AVAILABLE: Not applicable.

________________________________________
Sierra Brucia
Chief of Police
AGENDA ITEM B-04

COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Love Lodi Presentation
M
EETING DATE: April 6, 2022
P
REPARED BY: City Clerk
RE
COMMENDED ACTION: Love Lodi presentation.

B
ACKGROUND INFORMATION: Pastor Glen Barnes will make a presentation regarding the upcoming Love Lodi event. The community will come together on April 30, 2022, to “love” Lodi by meeting needs, demonstrating kindness, and impacting lives through a variety of projects.

FI
SCAL IMPACT: Not applicable.

F
UNDING AVAILABLE: Not applicable.
________________________________________
P amela M. Farris
Assistant City Clerk
AGENDA ITEM B-05

COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Ramadan Celebration Presentation
M
EETING DATE: April 6, 2022
P
REPARED BY: City Clerk
RE
COMMENDED ACTION: Ramadan Celebration presentation.

BACKGROUND INFORMATION: R amadan is the ninth month of the Islamic calendar, observed by Muslims worldwide as a month of fasting, prayer, reflection, and community. A commemoration of Muhammad’s first revelation, the annual observance of Ramadan is regarded as one of the Five Pillars of Islam and lasts 29 to 30 days, from one sighting of the crescent moon to the next.

F
ISCAL IMPACT: Not applicable.

F
UNDING AVAILABLE: Not applicable.
________________________________________
P amela M. Farris
Assistant City Clerk

AGENDA ITEM C-01

COUNCIL COMMUNICATION

APPROVED: ________________________________
Stephen Schwabauer, City Manager

AGENDA TITLE: Receive Register of Claims for February 25, 2022 through March 10, 2022 in the Total Amount of $3,885,945.95

MEETING DATE: April 6, 2022

PREPARED BY: Internal Services Director

RECOMMENDED ACTION: Receive the attached Register of Claims for $3,885,945.95.

BACKGROUND INFORMATION: Attached is the Register of Claims in the amount of $3,885,945.95 for February 25, 2022 through March 10, 2022. Also attached is Payroll in the amount of $1,754,249.90 through March 6, 2022.

FISCAL IMPACT: Not applicable.

FUNDING AVAILABLE: As per attached report.

_______________________________________
Andrew Keys
Deputy City Manager/Internal Services Director

________________________________________
Melissa Munoz, Accounting Manager

AGENDA ITEM C-02

COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Approve Minutes
a) March 2, 2022 (Regular Meeting)
b) March 8, 2022 (Shirtsleeve Session)
c) March 15, 2022 (Shirtsleeve Session)
d) March 16, 2022 (Regular Meeting)
e) March 22, 2022 (Shirtsleeve Session)
f) March 29, 2022 (Shirtsleeve Session)
M
EETING DATE: April 6, 2022
P
REPARED BY: City Clerk
RE
COMMENDED ACTION: Approve the following minutes as prepared:
a) March 2, 2022 (Regular Meeting)
b) March 8, 2022 (Shirtsleeve Session)
c) March 15, 2022 (Shirtsleeve Session)
d) March 16, 2022 (Regular Meeting)
e) March 22, 2022 (Shirtsleeve Session)
f) March 29, 2022 (Shirtsleeve Session)
B
ACKGROUND INFORMATION: Attached are copies of the subject minutes marked Exhibit A through F respectively.

FISCAL IMPACT: Not applicable.

FUNDING AVAILABLE: Not applicable.
_______________________________

Pamela M. Farris
Assistant City Clerk
Attachments

LODI CITY COUNCIL

REGULAR CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, MARCH 2, 2022
The City Council Closed Session meeting of March 2, 2022, was called to order by Mayor Chandler at 6:32 p.m.

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

Absent: None
Also Present: City Manager Schwabauer, City Attorney Magdich, and Assistant City Clerk Farris At 6:32 p.m., Mayor Chandler adjourned the meeting to a Closed Session to discuss the above matters. The Closed Session adjourned at 7:10 p.m.

At 7:10, Mayor Chandler reconvened the City Council meeting, and City Attorney Magdich disclosed the following actions:

Items C-2a) and C-2b) were both discussion and direction with no reportable action.

The Regular City Council meeting of March 2, 2022, was called to order by Mayor Chandler at 7:10 p.m.

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

Absent: None
Also Present: City Manager Schwabauer, City Attorney Magdich, and Assistant City Clerk Farris 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) Public Employee Recruitment: Candidates fo r Council Appointed Position of City Clerk Pursuant to Government Code 54957 (HR)
C-3 Adjourn to Closed Session
C-4 Return to Open Session / Disclosure of Actio n
A. Call to Order / Roll Call
G. Public Hearings
G-1 Public Hearing to Receive and Consider Final 2020 Census Data and Obtain Input from 1 Exhibit A
Notice thereof having been published according to law, an affidavit of which publication is on file in the office of the City Clerk, Mayor Chandler called for the public hearing to receive and consider final 2020 Census data and obtain input from the public regarding redrawing of election district boundaries.

Shalice Tilton, Senior Consultant with National Demographics Corporation, provided a PowerPoint presentation regarding draft redistricting maps. Specific topics of discussion included redistricting timeline, rules and goals, existing districts, draft maps, and proposed sequencing.

In response to Council Member Nakanishi, Ms. Tilton explained that redistricting is a balancing act and that race is one factor to be considered, but there are other factors such as areas of common interest.

City Attorney Magdich stated that no maps have been received from the public but public outreach will be continued.

Council Member Kuehne stated that his preference is the Yellow Map, with a second choice of the Orange Map. He stated that he felt the Yellow Map is most consistent with the current district boundaries.

Council Member Nakanishi also indicated support for the Yellow Map.

Council Member Khan enquired as to outreach efforts in the Pakistani community and for Urdu speakers.

City Attorney Magdich stated that the documents are available in English and Spanish, but the website has resources available for Urdu speakers. She further noted two upcoming workshops on March 10 at noon and March 18 at 5:30 p.m., which will be held in the Carnegie Forum and virtually on Zoom.

Mayor Pro Tempore Hothi inquired as to whether the maps take into consideration future planned growth. City Manager Schwabauer stated the law dictates that existing voters are considered.

Mayor Pro Tempore Hothi stated that he supports the Yellow Map.

Mayor Chandler stated that he also supports the Yellow Map, further stating that the constituents that he has spoken with also prefer the Yellow Map.

Mayor Chandler opened the public hearing for public comment.

Gabo Lizardo, a member of the public, stated that the maps were not available online. Ms. Tilton stated that the maps were available in the staff report and City Attorney Magdich stated that staff would check the website.

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

Mayor Chandler presented a proclamation proclaiming Arbor Day in the City of Lodi to the Public Regarding Redrawing of Election District Boundaries (CA) B. Presentations
B-1 Arbor Day Proclamation (PRCS)
2 Steve Dutra, of Tree Lodi. Mr. Dutra provided flyers to the Council (filed) promoting the Arbor Day tree planting at DeBenedetti Park on April 2, 2022.

Mayor Pro Tempore Hothi made a motion, second by Council Member Nakanishi, 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, Council Member Nakanishi, Mayor Pro Tempore Hothi, and Mayor Chandler
Noes: None

Absent: None
Claims were approved in the amount of $3,081,105.67.

The minutes of February 8, 2022 (Special Meeting), February 8, 2022 (Shirtsleeve Session), February 15, 2022 (Special Meeting), and February 15, 2022 (Shirtsleeve Session) were approved as written.

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

Accepted Quarterly Investment Report as required by City of Lodi Investment Policy.

Adopted Resolution No. 2022-49 authorizing the purchase of Focus laser scanner and scene software subscription from ZNET Tech, LLC, of Hacienda Heights, in the amount of $49,396.

Adopted Resolution No. 2022-50 authorizing the City Manager to waive the bid process and purchase traffic control equipment from Econolite Systems, Inc., of Anaheim, in the amount of $75,050.

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 January 28 , 2022 through February 10, 2022 in the Total Amount of $3,081,105.67 (FIN)
C-2 Approve Minutes (CLK)
C-3 Accept Quarterly Report of Purchases between $10,000 and $20,000 (FIN) C-4 Accept Quarterly Investment Report as Required by City of Lodi Investment Policy (FIN) C-5 Adopt Resolution Authorizing Purchase of Focus Laser Scanner and Scene Software Subscription from ZNET Tech, LLC, of Hacienda Heights ($49,396) (PD) C-6 Adopt Resolution Authorizing City Manager to Waive Bid Process and Purchase Traffic Control Equipment from Econolite Systems, Inc., of Anaheim ($75,050) (PW) C-7 Approve Specifications and Authorize Advertisement for Bids for 2021/2022 Pavement 3 Approved specifications and authorized advertisement for bids for 2021/2022 Pavement Resurfacing Project.

Approved plans and specifications and authorized advertisement for bids for Stormwater Trash Collection Project - Phase 3 (2022) and adopted Resolution No. 2022-51 authorizing the City Manager to award a contract to the lowest responsive bidder in an amount not to exceed $400,000, and execute change orders in an amount not to exceed $40,000.

Adopted Resolution No. 2022-52 authorizing the City Manager to execute a Professional Services Agreement with Safety-Kleen, Inc., of Salida, for hazardous waste disposal, in the amount of $50,000.

Adopted Resolution No. 2022-53 authorizing the City Manager to execute a two-year Professional Services Agreement with Valley Outdoor Advertising, of Lodi, for Electric Utility advertising services, in the amount of $42,000.

Adopted Resolution No. 2022-54 authorizing the City Manager to execute Amendment No. 2 to extend the Measure K Renewal Cooperative Agreement with San Joaquin Council of Governments for GrapeLine operations revenue for Fiscal Year 2021/22, in the amount of $400,000.

This item was pulled from the agenda at the request of staff.

Adopted Resolution No. 2022-55 authorizing the City Manager to appropriate funds for the purchase of a 2014 Chevrolet Traverse from the Transit Division, in the amount of $15,505.

Resurfacing Project (PW)
C-8 Approve Plans and Specifications and Authorize Advertisement for Bids for Stormwater Trash Collection Project – Phase 3 (2022) and Adopt Resolution Authorizing City Manager to Award Contract to Lowest Responsive Bidder ($400,000) and Execute Change Orders ($40,000) (PW)
C-9 Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement with Safety-Kleen, Inc., of Salida, for Hazardous Waste Disposal ($50,000) (PW) C-10 Adopt Resolution Authorizing City Manager to Execute Two-Year Professional Services Agreement with Valley Outdoor Advertising, of Lodi, for Electric Utility Advertising Services ($42,000) (EU)
C-11 Adopt Resolution Authorizing City Manager to Execute Amendment No. 2 to Extend Measure K Renewal Cooperative Agreement with San Joaquin Council of Governments for GrapeLine Operations Revenue for Fiscal Year 2021/22 ($400,000) (PW) C-12 Adopt Resolution Authorizing City Manager to Execute Reimbursement Agreement with Cherokee Memorial Park, Inc., for Outside City Wastewater Service at 14165 Beckman Road (PW)
C-13 Adopt Resolution Authorizing City Manager to Appropriate Funds for Purchase of 2014 Chevrolet Traverse from Transit Division ($15,505) (PRCS) C-14 Adopt Resolution Amending Traffic Resolution No. 97-148 by Approving a Multi-Way Stop Control at Guild Avenue and Turner Road (PW)
4 Adopted Resolution No. 2022-56 amending Traffic Resolution No. 97-148 by approving a multi- way stop control at Guild Avenue and Turner Road.

Adopted Resolution No. 2022-57 approving the City of Lodi pay schedule dated March 2, 2022.

Rescinded Resolution No. 2021-18 and adopted Resolution No. 2022-58 authorizing the issuance of procurement cards to specified positions.

This item was pulled at the request of Council Member Nakanishi for more information.

City Manager Schwabauer provided background information regarding the past service of Chris Lynch and the importance of the service provided by bond counsel.

Council Member Nakanishi made a motion, second by Mayor Pro Tempore Hothi, to adopt Resolution No. 2022-59 authorizing the City Manager to execute an Agreement for Legal Services with Jones Hall, a Professional Law Corporation, of San Francisco, for bond counsel services in connection with refinancing of outstanding lease payment obligation and financing of outstanding lease payment obligation and financing of capital improvements, in an amount not to exceed $101,500.

VOTE
:

The above motion carried by the following vote:

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

Absent: None
None.

Council Member Kuehne commented on the Fire Department golf tournament coming up on May 9th.

Council Member Khan thanked the Police Department for their quick action on the gun violence on the Eastside and recognized the efforts of the departments involved in the cleanup with Caltrans.

C-15
Adopt Resolution Approving City of Lodi Pay Schedule Dated March 2, 2022 (HR) C-16 Rescind Resolution 2021-18 and Adopt Resolution Authorizing Issuance of Procurement Cards to Specified Positions (ISD
C-17 Adopt Resolution Authorizing City Manager to Execute Agreement for Legal Services with Jones Hall, a Professional Law Corporation, of San Francisco, for Bond Counsel Services in Connection with Refinancing of Outstanding Lease Payment Obligation and Financing of Outstanding Lease Payment Obligation and Financing of Capital Improvements (Not to Exceed $101,500) (CA)
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 5 Mayor Chandler also commented on the recent homeless cleanup near Highway 99, recognizing the efforts of Police Chief Brucia and the multiple agencies involved. He further commented on the recent Lodi High ribbon cutting, his recent tour of the Lodi Lake project, and the upcoming Lodi Rotary Shrimp Mania.

None.

Notice thereof having been published according to law, an affidavit of which publication is on file in the office of the City Clerk, Mayor Chandler called for the public hearing to consider adopting a resolution amending requirements and procedures for review of Growth Allocation applications.

Community Development Director John Della Monica provided a PowerPoint presentation regarding Growth Allocation process changes. Specific topics of discussion included current process, proposed process, examples of development character submittals, land use concept maps, parcel configuration by housing type, architectural characteristics, open space concepts and amenities, primary project entry features, circulation analysis concepts, development standards compliance, and staff recommendation.

In response to Council Member Nakanishi, Mr. Della Monica confirmed that the developer submits a request for Growth Allocations, along with plans.

Council Member Kuehne stated that he is pleased that Council will have the opportunity to see the project first, rather than at the final step.

Council Member Khan stated that he thinks it is a great idea and that it will give the public a chance to voice their opinion early in the planning.

Mayor Chandler noted that the development community wants to maintain the year-round access to Growth Allocations.

Mayor Chandler opened the public hearing for public comment.

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

Council Member Kuehne made a motion, second by Council Member Khan, to adopt Resolution No. 2022-60 amending requirements and procedures for review of Growth Allocation applications.

VOTE
:

The above motion carried by the following vote:

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

Absent: None
F. Comments by the City Manager on No
n-Agenda Items
G. Public Hearings (Continued)
G-2 Public Hearing to Consider Adopting Reso lution Amending Requirements and Procedures for Review of Growth Allocation Applications (CD)
G-3 Adopt Resolutions and Authorize Documents and Actions Regarding the Financing for the 6 Notice thereof having been published according to law, an affidavit of which publication is on file in the office of the City Clerk, Mayor Chandler called for the public hearing of a joint meeting with the Lodi City Council and the Lodi Public Financing Authority to consider adopting resolutions and authorizing documents and actions regarding the financing for the acquisition, design and construction of Capital Improvements: (a) hold a noticed public hearing; (b) adopt a resolution of the City Council of the City of Lodi making findings and approving documents and official actions relating to the proposed issuance by the Lodi Public Financing Authority of lease revenue bonds to refinance outstanding lease revenue bonds and provide financing for acquisition and construction of capital improvements, including an animal shelter and parks and playground improvements and upgrades, and (c) adopt a resolution of Board of Directors of the Lodi Public Financing Authority authorizing the issuance and sale of lease revenue bonds to refinance outstanding lease revenue bonds and provide financing for acquisition and construction of capital improvements, including an animal shelter and parks and playground improvements and upgrades, and approving related documents and official action.

Deputy City Manager Andrew Keys provided a PowerPoint presentation regarding 2022 lease revenue bonds. Specific topics of discussion included background, overview, estimated financing structure, estimated financing results, recommended actions, summary of financing documents, and next steps.

Council Member Kuehne stated that this process has been going on for the past month, thanked staff for their efforts, and expressed his support for the proposed changes.

Council Member Nakanishi expressed support for refinancing while rates are low.

In response to Mayor Chandler, City Attorney Magdich stated the tracts noted in the paperwork are the land upon which Fire Station 2 and the Police Department are located.

Mayor Chandler opened the public hearing for public comment.

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

Council Member Kuehne made a motion, second by Mayor Pro Tempore Hothi, to adopt Resolution No. 2022-61 of the City Council of the City of Lodi making findings and approving documents and official actions relating to the proposed issuance by the Lodi Public Financing Authority of lease revenue bonds to refinance outstanding lease revenue bonds and provide financing for acquisition and construction of capital improvements, including an animal shelter and parks and playground improvements and upgrades.

VOTE
:

Acquisition, Design and Construction of Capital Improvements: (a) Hold a Noticed Public Hearing; (b) Adopt Resolution of the City Council of the City of Lodi Making Findings and Approving Documents and Official Actions Relating to the Proposed Issuance by the Lodi Public Financing Authority of Lease Revenue Bonds to Refinance Outstanding Lease Revenue Bonds and Provide Financing for Acquisition and Construction of Capital Improvements, Including an Animal Shelter and Parks and Playground Improvements and Upgrades, and (c) Adopt Resolution of Board of Directors of the Lodi Public Financing Authority Authorizing the Issuance and Sale of Lease Revenue Bonds to Refinance Outstanding Lease Revenue Bonds and Provide Financing for Acquisition and Construction of Capital Improvements, Including an Animal Shelter and Parks and Playground Improvements and Upgrades, and Approving Related Documents and Official Action (CA)
7 The above motion carried by the following vote:

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

Absent: None
Council Member Kuehne made a motion, second by Mayor Pro Tempore Hothi, to adopt Resolution No. LPFA2022-03 of the Board of Directors of the Lodi Public Financing Authority authorizing the issuance and sale of lease revenue bonds to refinance outstanding lease revenue bonds and provide financing for acquisition and construction of capital improvements, including an animal shelter and parks and playground improvements and upgrades, and approving related documents and official action.

VOTE:

The above motion carried by the following vote:

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

Absent: None
Deputy City Manager Andrew Keys provided a PowerPoint presentation regarding the mid-year budget report. Specific topics of discussion included fund overview for revenue and expenditures, personnel requests, major requests by fund, and action requested.

In response to Council Member Kuehne, Mr. Keys stated there have been additional Workers' Compensation claims and payouts and confirmed that the City is self-insured for the first $250,000.

Council Member Nakanishi and Mayor Chandler both expressed support of the added positions in public safety.

Lisa Craig, a member of the public, shared her support for the proposed Planner position and stated that a business development staff liaison for the building process would be helpful.

Council Member Nakanishi made a motion, second by Mayor Pro Tempore Hothi, to adopt Resolution No. 2022-62 approving Fiscal Year 2021/22 mid-year budget adjustments.

VOTE
:

The above motion carried by the following vote:

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

Absent: None
Deputy City Manager Andrew Keys provided a PowerPoint presentation regarding the final budget allocation and spending plan for Federal American Rescue Plan Act of 2021 (ARPA) H. Regular Calendar
H-1 Adopt Resolution Approving Fiscal Year 2021/22 Mid-Year Budget Adjustments (ISD) H-2 Adopt Resolution Approving Final Budget Allocation and Spending Plan for City of Lodi’s Use of Federal American Rescue Plan Act of 2021 Funding (ISD) 8 funding. Specific topics of discussion included background, current ARPA projects, Treasury Department's final rule, revenue loss, vaccine incentive program, reallocation of funds, utility debt relief program, and requested action.

In response to Mayor Pro Tempore Hothi, City Manager Schwabauer stated that the unutilized funds would not be enough to pay for the repaving at Lodi Lake, but that project is slated for funding through one-time revenue.

In response to Council Member Kuehne, City Manager Schwabauer stated that staff was presenting the opportunity for Council to either request addition options or keep the funds in the utility.

In response to Council Member Khan, Deputy City Manager Keys stated that a project must be under contract by December 2024 and the funds must be spent by December 2025, so the timing might not be adequate for homeless/affordable housing projects.

Council Member Nakanishi and Mayor Chandler both expressed their desire to have staff present a list of appropriate projects.

Council Member Kuehne made a motion, second by Council Member Nakanishi, to adopt Resolution No. 2022-63 approving the final budget allocation and spending plan for City of Lodi's use of Federal American Rescue Plan Act of 2021 funding.

VOTE:

The above motion carried by the following vote:

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

Absent: None
Parks, Recreation and Cultural Services Director Christina Jaromay provided a PowerPoint presentation regarding cost recovery for the Fourth of July event. Specific topics of discussion included costs of the event, fee proposal, and cost recovery.

Mayor Pro Tempore Hothi stated that he does not support fees for the public to attend; the budget is in good shape and there was a recent utility rate increase.

Council Member Kuehne expressed his support of the fees, citing the need for maintenance.

Council Member Nakanishi concurred with Mayor Pro Tempore Hothi, stating even in bad fiscal times, the City has not charged for the event.

Council Member Khan stated he would not oppose a partial fee but the event is a gift to the citizens and the budget is in good shape.

Council Member Kuehne stated the event is attended by more Stocktonians than Lodi citizens.

Mayor Chandler stated he had been neutral, but now favored shelving the idea until next year.

Mayor Pro Tempore Hothi made a motion, second by Council Member Nakanishi, to leave the fee structure for the Fourth of July event as it is.

H-3 Provide Direction on Charging for Fourth of July Event (PRCS) 9 VOTE:

The above motion carried by the following vote:

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

Absent: None
Public Works Management Analyst Rebecca Areida-Yadav provided a PowerPoint presentation regarding the introduction of an ordinance amending Lodi Municipal Code Title 13 for solid waste. Specific topics of discussion included reasons for ordinance, ordinance revisions, and implementation schedule.

In response to Council Member Nakanishi, Public Works Director Charlie Swimley stated staff would provide more details on cost at the upcoming Shirtsleeve Session.

Mayor Pro Tempore Hothi made a motion, second by Mayor Chandler, to introduce Ordinance No. 1994 amending Lodi Municipal Code Title 13 - Public Services - by repealing and reenacting Chapter 13.16, "Solid Waste," in its entirety.

VOTE:

The above motion carried by the following vote:

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

Absent: None
Council Member Kuehne made a motion, second by Council Member Nakanishi, (following reading of the title) to waive reading of the ordinance in full and adopt and order to print Ordinance No. 1993 entitled, "An Ordinance of the Lodi City Council Amending Lodi Municipal Code Title 15 - Buildings and Construction - by Amending Sections of Chapter 15.20, 'Fire Code,' to Reflect the Current Code Citation Numbers," which was introduced at a regular meeting of the Lodi City Council held February 16, 2022.

VOTE
:

The above motion carried by the following vote:

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

Absent: None
There being no further business to come before the City Council, the meeting was adjourned H-4 Introduce Ordinance Amending Lodi Municipal Code Title 13 – Public Services – by
Repealing and Reenacting Chapter 13.16, “Solid Waste,” in Its Entirety (PW) I. Ordinances
I-1 Adopt Ordinance No. 1993 Entitled, “An Ordinance of the Lodi City Council Amending Lodi Municipal Code Title 15 – Buildings and Construction – by Amending Sections of Chapter

15.20, ‘Fire Code,’ to Reflect the Current Code Citation Numbers” (CLK) J. Adjournment
10 at 9:23 p.m., in honor of the brave citizens of the Ukraine.

ATTEST:

Pamela M. Farris
Assistant City Clerk
11 LODI CITY COUNCIL

SHIRTSLEEVE SESSION
CARNEGIE FORUM, 305 WEST PINE STREET
TUESDAY, MARCH 8, 2022
An Informal Informational Meeting ("Shirtsleeve" Session) of the Lodi City Council was held Tuesday, March 8, 2022, commencing at 7:03 a.m.

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

Absent: None
Also Present: City Manager Schwabauer, City Attorney Magdich, and Assistant City Clerk Farris Deputy City Manager Andrew Keys provided a short introduction of the Balancing Act, a public outreach software program, and explained that it provides the opportunity for citizen input on budget scenarios.

Internal Services Management Analyst Lisa Noffsinger provided a demonstration of Balancing Act. Specific topics of discussion included description of software program; tools provided for transparency, accountability, and participation; benefits for staff; General Fund revenues and services to be proposed for simulation; and deployment on the City website and social media at the end of the week through the end of March.

In response to Mayor Chandler, Mr. Keys stated that it was chosen for its simplicity, success in surrounding communities, cost, and the opportunity for the public to comment on dollar/resource allocation. City Manager Schwabauer further stated the solicitations received by Council Members are generally for products that are for complete city data, rather than just budget manipulation. He further added that in the past, the public was given the opportunity to play "Municipal Monopoly" but it was not a successful endeavor due to lack of public participation; the public has participated more in online opportunities.

Mayor Chandler suggested adding more information on Measure L.

In response to Mayor Pro Tempore Hothi, City Manager Schwabauer stated that pictures of the parks projects are not currently in the program but they could be added. Deputy City Manager Keys stated that staff will try to get the pictures added but there is a short time frame with deployment at the end of the week.

In response to Council Member Nakanishi, Mr. Schwabauer stated that the figures provided in the program are close to the actual budget numbers, and the purpose of the program is to provide the opportunity for the public to show which programs and projects they care about.

In further response to Council Member Nakanishi, Ms. Noffsinger stated that the cost of the program is $1,500 per year.

In response to Council Member Kuehne, Ms. Noffsinger stated that the full list of unfunded capital improvement projects was included in the program, but if there is something else a citizen is A. Call to Order / Roll Call
B. Topics
B-1 Receive Presentat ion on Balancing Act – a Public Outreach Software Program (ISD) 1 Exhibit B
interested in, the program provides the opportunity to add a note.

In further response to Council Member Kuehne, Mr. Schwabauer confirmed that Electric Utility is not included in the program, only General Fund.

In response to Council Member Khan, Ms. Noffsinger stated that the program is only provided in English as Balancing Act does not provide multi-lingual options.

None.

No action was taken by the City Council. The meeting was adjourned at 7:24 a.m.

C. Comments by Public on Non-Agenda Items THE TIME ALLOWED PER NON-AGENDA ITEM FOR COMMENTS MADE BY THE PUBLIC IS LIMITED TO FIVE MINUTES.

D. Adjournment
ATTEST:

Pamela M. Farris
Assistant City Clerk
2 LODI CITY COUNCIL

SHIRTSLEEVE SESSION
CARNEGIE FORUM, 305 WEST PINE STREET
TUESDAY, MARCH 15, 2022
An Informal Informational Meeting ("Shirtsleeve" Session) of the Lodi City Council was held Tuesday, March 15, 2022, commencing at 7:03 a.m.

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

Absent: None
Also Present: City Manager Schwabauer, City Attorney Magdich, and Assistant City Clerk Farris Public Works Director Charlie Swimley provided a brief introduction regarding Waste Management's performance review and Senate Bill 1383.

Mayor Chandler stated that the City and Waste Management have a mutual obligation to clearly communicate the upcoming changes to the public.

Waste Management Public Sector Manager Vanessa Barberis provided a PowerPoint presentation regarding Waste Management's performance review. Specific topics of discussion included Lodi customers' rating of Waste Management and community partnership.

Public Works Management Analyst Rebecca Areida-Yadav provided a brief update on the City's progress toward implementation of SB 1383 mandates, including the Notice of Intent to Comply filing with the State, the ordinance to be adopted at the March 16, 2022 Council meeting, and the cooperative effort with Waste Management on education and outreach to solid waste customers.

Ms. Barberis provided a PowerPoint presentation regarding SB 1383. Specific topics of discussion included Notice of Intent to Comply to SB 1383, ordinance, education and outreach, Waste Management plans for support, container requirement, education plan, and route auditing and contamination monitoring compliance.

In response to Council Member Nakanishi, Ms. Barberis stated that yard waste and food would be placed in the organics can; she confirmed that plastic bags are not allowed but paper bags are acceptable.

In further response, Mr. Swimley stated that messy kitchen waste can still be dumped in the garbage. He stated that there will be a period of transition before enforcement and that because the City has tools in place, it will be in compliance. He added that the planned outreach will provide information for the public to figure out the best way to handle sorting within their homes.

Council Member Nakanishi stated the program seems very confusing for the public and commended Waste Management on its high approval rating.

In response to Council Member Kuehne, Ms. Barberis stated she will provide information on the A. Call to Order / Roll Call
B. Topics
B-1 Receive Information on Senate Bill 1383 Implementation and Waste Management 2021 Performance Review (PW)
1 Exhibit C
national average approval rating.

In response to Council Member Khan's question regarding dumpsters at apartment complexes, Ms. Areida-Yadav stated that the ordinance provides for exceptions if space does not allow for a separate organics container.

In response to Mayor Chandler, Ms. Barberis stated the State has mandated that the lid or full body of the waste receptacle must be the standard color of blue for recycling, grey for waste, and green for organics. In further response, she acknowledged these are not the current colors used in Lodi but the planned education effort will include color graphics and the new containers will be labelled.

None.

No action was taken by the City Council. The meeting was adjourned at 7:34 a.m.

C. Comments by Public on No n-Agenda Items THE TIME ALLOWED PER NON-AGENDA ITEM FOR COMMENTS MADE BY THE PUBLIC IS LIMITED TO FIVE MINUTES.

D. Adjournment
ATTEST:

Pamela M. Farris
Assistant City Clerk
2 LODI CITY COUNCIL

REGULAR CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, MARCH 16, 2022
The City Council Closed Session meeting of March 16, 2022, was called to order by Mayor Chandler at 5:48 p.m.

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

Absent: Council Member Nakanishi
Also Present: City Manager Schwabauer, City Attorney Magdich, and Assistant City Clerk Farris NOTE: Council Member Khan arrived at 5:52 p.m.

At 5:48 p.m., Mayor Chandler adjourned the meeting to a Closed Session to discuss the above matters. The Closed Session adjourned at 7:05 p.m.

At 7:05 p.m., Mayor Chandler reconvened the City Council meeting, and City Attorney Magdich disclosed the following actions.

Item C-2a) was discussion and direction with no reportable action.

Item C-2b) was discussion with no reportable action.

The Regular City Council meeting of March 16, 2022, was called to order by Mayor Chandler at 7:05 p.m.

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

Absent: None
Also Present: City Manager Schwabauer, City Attorney Magdich, and Assistant City Clerk Farris C-1 Call to Order / Roll Call
C-2 Announcement of Closed Session
a) Public Employee Recruitment: Interview of Candidate for Council Appointed Position of City Clerk Pursuant to Government Code 54957 (HR)
b) 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
Council Member Khan made a motion, second by Mayor Pro Tempore Hothi, to approve the following items hereinafter set forth, 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, Council Member Nakanishi, Mayor Pro Tempore Hothi, and Mayor Chandler
Noes: None

Absent: None
Claims were approved in the amount of $6,150,219.60.

The minutes of February 16, 2022 (Regular Meeting), February 16, 2022 (Special Meeting), February 22, 2022 (Shirtsleeve Session), and March 1, 2022 (Shirtsleeve Session) were approved as written.

Approved plans and specifications and authorized advertisement for bids for State Route 99 / Turner Road Interchange Improvements.

Adopted Resolution No. 2022-64 awarding a contract for the Fire Station 3 and Fire Station 4 Security Gates and Generator Project to Sauren Construction, Inc., of Newcastle, in the amount of $374,972, authorizing the City Manager to execute change orders in an amount not to exceed $37,000, and appropriating funds in the amount of $157,000.

Received the First and Second Quarters Fiscal Year 2021/22 Water, Wastewater and Electric Utility Department financial reports.

B. Presentations
– None
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 February 11 , 2022 through February 24, 2022 in the Total Amount of $6,150,219.60 (FIN)
C-2 Approve Minutes (CLK)
C-3 Approve Plans and Specifications and Authorize Advertisement for Bids for State Route 99 / Turner Road Interchange Improvements (PW)
C-4 Adopt Resolution Awarding Contract for Fire Station 3 and Fire Station 4 Security Gates and Generator Project to Sauren Construction, Inc., of Newcastle ($374,972), Authorizing City Manager to Execute Change Orders ($37,000), and Appropriating Funds ($157,000) (PW)
C-5 First and Second Quarters Fiscal Year 2021/22 Water, Wastewater and Electric Utility Department Financial Reports (CM)
2 Adopted Resolution No. 2022-65 authorizing the City Manager to execute Amendment No. 1 to the Professional Services Agreement with Poser Construction, of Lodi, for general construction, in the amount of $15,000.

Directed the City Clerk to post for the following vacancies and expiring terms:

Lodi Arts Commission
Roger Stafford - Term to expire July 1, 2023
David Kirsten - Term to expire July 1, 2023
Greater Lodi Area Youth Commission
Matthew Gobel - Term to expire May 31, 2022
Kyle Armknecht - Term to expire May 31, 2022
Ella Waters - Term to expire May 31, 2022
Talia Duran - Term to expire May 31, 2022
Rayleen Salgado - Term to expire May 31, 2022
Claire Selling - Term to expire May 31, 2023
Merit Onyekwere - Term to expire May 31, 2023
Ben Plath - Term to expire May 31, 2023
Received the annual report regarding boards, committees, and commissions relating to attendance.

Adopted Resolution No. 2022-66 accepting the Lodi Fire Department's annual compliance report as mandated by Senate Bill No. 1205.

Alex Aliferis, a member of the public, thanked the Council for the tree trimming project on the Eastside and spoke about DNA testing involved with COVID testing and COVID vaccines not being safe.

Council Member Nakanishi read an excerpt from Lodian Bill Webb's obituary as it spoke of the love he had for the Lodi community.

Council Member Kuehne spoke about the artwork on the parking garage commemorating the C-6
Adopt Resolution Authorizing City Manager to Execute Amendment No. 1 to Professional Services Agreement with Poser Construction, of Lodi, for General Construction ($15,000) (PRCS)
C-7 Post for Vacancies and Expiring Terms on Lodi Arts Commission and Greater Lodi Area Youth Commission (CLK)
C-8 Receive Annual Report Regarding Boards , Committees, and Commissions Relating to Attendance (CLK)
C-9 Adopt Resolution Accepting Lodi Fire Department’s Annual Compliance Report as Mandated by Senate Bill No. 1205 (FD)
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 No n-Agenda Items 3 anniversary of the 19th Constitutional Amendment and celebrating women's right to vote; the Rotary shrimp feed which raised money for the Loel Center expansion; and the Chamber of Commerce membership drive.

Council Member Khan expressed appreciation for the trash cleanup and graffiti abatement on the Eastside and stated he is concerned about the number of smoke shops licensed to do business in residential areas.

Council Member Chandler spoke about Rotary's Shrimpmania and the Chamber of Commerce membership drive, and thanked Community Development Director John Della Monica for his department's efforts in cleaning up Sacramento Street.

City Manager Schwabauer asked Deputy City Manager Andrew Keys to report on the recent bond purchase. Mr. Keys stated that despite the volatile bond market, the City was able to purchase bonds at 3.44%, there will be $1.06 million in savings, and $15 million will be available for the new animal shelter.

Notice thereof having been published according to law, an affidavit of which publication is on file in the office of the City Clerk, Mayor Chandler called for the public hearing to consider a resolution adopting pre-approved Proposition 218 Consumer Price Index-based annual adjustment to rates for solid waste collection.

Public Works Department Management Analyst Rebecca Areida-Yadav provided a presentation regarding solid waste rates. Specific topics of discussion included contract, CPI rate adjustment factor, county gate fees, example rate changes, and recommended action.

Council Member Nakanishi stated that this increase is a contractual obligation.

Mayor Chandler opened the public hearing for public comment.

Alex Aliferis, a member of the public, stated that he understands that this is part of the contract but the City is in a time of unprecedented inflation right now.

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

Mayor Pro Tempore Hothi made a motion, second by Council Member Nakanishi, to adopt Resolution No. 2022-67 adopting pre-approved Proposition 218 Consumer Price Index-based annual adjustment to rates for solid waste collection.

VOTE
:

The above motion carried by the following vote:

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

Absent: None
F. Comments by the City Manager on No
n-Agenda Items
G. Public Hearings
G-1 Public Hearing to Consider Resolution Adopting Pre -Approved Proposition 218 Consumer Price Index-Based Annual Adjustment to Rates for Solid Waste Collection (PW) 4 Parks, Recreation and Cultural Services Deputy Director Laura Johnston provided a presentation regarding Parks, Recreation and Cultural Services master fees and charges. Specific topics of discussion included pyramid methodology and comprehensive list of fees and charges.

In response to Mayor Pro Tempore Hothi, Ms. Johnston stated that there have not been previous across-the-board increases, but there were select increases in 2015.

Council Member Nakanishi expressed his support of the increases, citing the need for park maintenance.

Council Member Kuehne made a motion, second by Mayor Pro Tempore Hothi, to adopt Resolution No. 2022-68 approving current and future Parks, Recreation and Cultural Services master fees and charges.

VOTE:

The above motion carried by the following vote:

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

Absent: None
Neighborhood Services Manager Jennifer Rhyne provided a brief overview of the Housing Element Annual Progress Report and introduced Austin Knudsen, of Michael Baker International.

Mr. Knudsen provided a PowerPoint presentation regarding the 2021 Housing Element Annual Progress Report. Specific topics of discussion included State reporting requirements, current Housing Element, Regional Housing Need Allocation, Housing Development applications submitted, housing units permitted, regional housing needs allocation process, new housing development conclusions and observations, Housing Element program implementation, and recommendation.

In response to Council Member Nakanishi, City Manager Schwabauer stated that at this time there are no sanctions for failure to meet the standards, however, cities continue to advocate on this issue as businesses build houses, not cities, so the most a city can do in this regard is to make building affordable housing easy for those businesses.

Council Member Kuehne stated that Lodi is outperforming other cities within the County in regard to the Regional Housing Need Allocation, proposed a possible donation of City land for high- density/affordable housing, and opined that the State needs to step up their game in regard to grants.

Mayor Chandler stated that it is important to sustain agricultural lands around Lodi.

Council Member Kuehne made a motion, second by Mayor Pro Tempore Hothi, to adopt Resolution No. 2022-69 approving 2021 Housing Element annual progress report and direct staff H. Regular Calenda
r
H-1 Adopt Resolution Approving Current and Future Parks, Recreation and Cultural Services Master Fees and Charges (PRCS)
H-2 Adopt Resolution Approving 2021 Housing Element Annual Progress Report and Direct Staff to Transmit Report to California Department of Housing and Community Development and Governor’s Office of Planning and Research (CD) 5 to transmit the report to the California Department of Housing and Community Development and the Governor's Office of Planning and Research.

VOTE:

The above motion carried by the following vote:

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

Absent: None
Public Works Department Management Analyst Rebecca Areida-Yadav provided a presentation regarding the introduction of an ordinance amending Chapter 3.20, "Purchasing System." Specific topics of discussion included reasons behind change and ordinance revisions.

In response to Council Member Nakanishi, City Manager Schwabauer stated that Public Works projects are the construction and maintenance of public assets and the proposed ordinance would make the contracts more efficient.

Council Member Nakanishi made a motion, second by Council Member Kuehne, to introduce Ordinance No. 1995 amending Lodi Municipal Code Chapter 3.20, "Purchasing System," by repealing and reenacting Section 3.20.105, "Public Works Projects - Informal Bid Procedures." VOTE
:

The above motion carried by the following vote:

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

Absent: None
Council Member Kuehne made a motion, second by Mayor Pro Tempore Hothi, to adopt Ordinance No. 1994 entitled, "An Ordinance of the Lodi City Council Amending Lodi Municipal Code Title 13 - Public Services - by Repealing and Reenacting Chapter 13.16, 'Solid Waste,' in Its Entirety."
VOTE:

The above motion carried by the following vote:

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

Absent: None
H-3 Introduce Ordinance Amending Lodi Municipal Code Chapter 3.20, “Purchasing System,” by Repealing and Reenacting Section 3.20.105, “Public Works Projects – Informal Bid Procedures” (PW)
I. Ordinances
I-1 Adopt Ordinance No. 1994 Entitled, “An Ordinance of the Lodi City Council Amending Lodi Municipal Code Title 13 – Public Services – by Repealing and Reenacting Chapter 13.16, ‘Solid Waste,’ in Its Entirety” (CLK)
J. Adjournment
6 There being no further business to come before the City Council, the meeting was adjourned at 8:05 p.m.

ATTEST:

Pamela M. Farris
Assistant City Clerk
7 LODI CITY COUNCIL

SHIRTSLEEVE SESSION
CARNEGIE FORUM, 305 WEST PINE STREET
TUESDAY, MARCH 22, 2022
The March 22, 2022, Informal Informational Meeting ("Shirtsleeve" Session) of the Lodi City Council was canceled.

ATTEST:

Pamela M. Farris
Assistant City Clerk
1 Exhibit E

LODI CITY COUNCIL

SHIRTSLEEVE SESSION
CARNEGIE FORUM, 305 WEST PINE STREET
TUESDAY, MARCH 29, 2022
The March 29, 2022, Informal Informational Meeting ("Shirtsleeve" Session) of the Lodi City Council was canceled.

ATTEST:

Pamela M. Farris
Assistant City Clerk
1 Exhibit F
AGENDA ITEM C-03

COUNCIL COMMUNICATION

APPROVED
: ________________________________
Stephen Schwabauer, City Manager
\\pwadc02\msc$\GROUP\ADMIN\Council\2022\04062022\Shape\CC Shape.doc AGENDA TITLE: Adopt Resolution Authorizing City Manager to Waive Bid Process and Purchase Submersible Pump Assembly from Shape, Inc., of Pleasanton, for Shady Acres Storm Lift Station ($33,771)
MEETI
NG DATE: April 6, 2022
PREP
ARED BY: Public Works Director
RECOMMENDED ACTION: Adopt resolution authorizing City Manag er t o waive bid process and purchase submersible pump assembly from Shape, Inc., of Pleasanton, for Shady Acres Storm Pump Station, in the amount of $33,771.

BAC
KGROUND INFORMATION: The City operates and maintains a total of fourteen storm pump lift stations.

Storm pump lift stations are located throughout the City and are used to convey stormwater from nearby watersheds and storm basins to approved discharge locations.

The Shady Acres Storm Pump Station, located at 356 Shady Acres Dr. is predominantly used to convey storm w
ater to the Woodbridge Irrigation District canal. The Public Works Department is responsible for maintaining continuous operation of all storm lift stations serving our customers and minimizing the possibi lity of surface flooding.

Shady Acres Storm Station contains a total of five pumps. There are three duty pumps designed for use during storm events, and two “clean-up” pumps that are designed to only remove nuisance water such as irrigation run- off. The “clean-up” pumps are used year round and are not factored into the pump station capacity. In December 2021 (subsequent to the historic October 2021 storm) one of the 12-horsepower “clean-up” pumps became inoperable (Exhibit 1). This pump has been in service an estimated 30 years. Staff recommends purchasing a new 12HP Flygt submersible pump based on the age of the existing pump.

Per Lodi Municipal Code Section 3.20.070, bidding shall be dispensed with when the commodity can be obtained from only one vendor due to the need for branded replacement parts or supplies for equipment of like brand. Shape, Inc, is the sole proprietor in Northern California for Flygt submersible pumps (Exhibit 2).

Staff recommends authorizing City Manager to waive bid process and purchase submersible pump assembly from S
hape, Inc., of Pleasanton, for Shady Acres Storm Pump Station, in the amount of $33,771.

Fiscal I
mpact: The pump replacement is necessary to reduce operations and maintenance costs and provide reliable service. This project does not impact the General Fund.

Adopt Resolution Authorizing City Manager to Waive Bid Process and Purchase Submersible Pump Assembly from Shape, Inc., of Pl easanton, for Shady Acres Storm Lift Station ($33,771)
April 6, 2022

Page 2 ends

\\pwadc02\msc$\GROUP\ADMIN\Council\2022\04062022\Shape\CC Shape.doc

Funding Available: Storm System Maintenance (53053005.77030): $33,771

_______________________________________
Andrew Keys
Deputy City Manager/Internal Services Director

________________________________________
Charles E. Swimley, Jr.

Public Works Director

Prepared by Andrew Richle, Utilities Superintendent
CES/AR/tw
Attachments

City of Lodi
Public Works Dept. – Municipal Utilities Services
1331 South Ham Lane
Lodi, CA 95242-3995
Grant Stayberg
Territory Manager
Xylem Water Utilities
Flygt Products
4109 NE 107th St.

Vancouver, WA 98686
(503)706-0601
[email protected]

April 5, 2021

Subject: Flygt Sole-Source Authorized Distributor

To City of Lodi,

This letter is to inform you that Shape Inc. is the exclusive factory authorized distributor for the Flygt /Xylem Inc. equipment going into the City of Lodi wastewater treatment facility, water treatment plant, water distribution system, and sanitary sewer or storm water collection systems.

I am confident Shape Inc. will provide expert advice in a professional manner for a ll of your pumping needs.

Thank you for your interest in Flygt Products and Services. Please call if I can be of further assistance.

Sincerely,
Grant Stayberg
Grant Stayberg
Territory Manager

RESOLUTION NO. 2022-____

A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE

CITY MANAGER TO WAIVE THE BID PROCESS AND PURCHASE A
SUBMERSIBLE PUMP ASSEMBLY FROM SOLE-SOURCE VENDOR SHAPE, INC.,

OF PLEASANTON, FOR THE SHADY ACRES STORM LIFT STATION

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

WHEREAS, storm pump lift stations are located throughout the City and are utilized to convey stormwater from nearby watersheds and storm basins into approved discharge locations; and

WHEREAS, the Shady Acres Storm Pump S tation, located on Shady Acres Drive, is predominantly used to convey stormwater to the Woodbridge Irrigation District canal; and

WHEREAS, the cleanup pump has been in service for 30 years and became inoperable in December 2021; and

WHEREAS, per Lodi Municipal Code §3.20.070, the bidding process may be dispensed when the commodity can be obtained from only one vendor, due to need for branded replacement parts or supplies for equipment of like brand; and

WHEREAS, staff recommends the City Council authorize the City Manager to waive the bid process and purchase a submersible pump assembly from Shape, Inc., of Pleasanton, in the amount of $33,771.

NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to waive the bid process and purchase a submersible pump assembly from sole-source vendor Shape, Inc., of Pleasanton, California, in the amount of $33,771; 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: April 6, 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 April 6, 2022, by the following vote:

AYES: COUNCIL MEMBERS –

NOES: COUNCIL MEMBERS –

ABSENT: COUNCIL MEMBERS –

ABSTAIN: COUNCIL MEMBERS –

PAMELA M. FARRIS
Assistant City Clerk

2022-____
AGENDA ITEM C-04

COUNCIL COMMUNICATION
APPROVED: ________________________________
Stephen Schwabauer, City Manager
\\cvcfilv02\pubwks$\WP\PROJECTS\STREETS\Garfield ADA Improvements\CPSA.docx 3/22/2022 AGENDA TITLE: Approve Plans and Specifications and Authorize Advertisement for Bids for Garfield Street Safe Routes to School Project
M
EETING DATE: April 6, 2022
P
REPARED BY: Public Works Director
RE
COMMENDED ACTION: Approve plans and specifications and authorize advertisement for bids for Garfield Safe Routes to School Project.

B
ACKGROUND INFORMATION: In September of 2020 the City applied for the Regional Active Transportation Program (ATP) Cycle 5 State Grant for this project.

The project was awarded the grant in the amount of $705,000.

On January 5, 2022 the City Council authorize the City Manager to execute the agreement with the San Joaquin County Council of Governments (SJCOG) allocating the funding.

T
he project is located on Garfield Street from Harold Street to Poplar Street. The project consists of installing missing sidewalk at various locations along the corridor, constructing 20 accessible curb ramps, accessible alley approaches, and other incidental and related work . The proposed improvement locations are show n on Exhibit A.

T
he specifications are on file in the Public Works Department. The planned bid opening date is May 11, 2022. The project estimate is $800,000.

F
ISCAL IMPACT: The project will have a minimal impact on total maintenance costs and improve accessibility along Garfield Street which serves as a route to Heritage School.

F
UNDING AVAILABLE: Funding will be identified at project award. ________________________________________
C harles E. Swimley, Jr.

Public Works Director
Prepared by Sean Nathan, Senior Civil Engineer
CES/SN/cd
Attachment
Heritage
School
Watson St.

Hale St.

Delores St.

W
ellswood Ave.

Harold St.

Concord St.

Mission St.

Cherry St.

Poplar St.

Vine St.

Tokay St.

Eden St.

Maple St.

Garfield St.

Cherokee Ln.

Central Av.
µ
0 200 400100
Feet
Exhibit A
Project Location
Legend
New Curb Ramp
New Sidewalk
AGENDA ITEM C-05

COUNCIL COMMUNICATION
APPROVED: ________________________________
Stephen Schwabauer, City Manager
\\cvcfilv02\pubwks$\WP\PROJECTS\SEWER\WastewaterRehabProject9\CPSA.docx 2/24/2022 AGENDA TITLE: Approve Plans and Specifications and Authorize Advertisement for Bids for Wastewater Main Rehabilitation Program (Project No. 9)
M
EETING DATE: April 6, 2022
P
REPARED BY: Public Works Director
RE
COMMENDED ACTION: Approve plans and specifications and authorize advertisement for bids for Wastewater Main Rehabilitation Program (Project No. 9).

B
ACKGROUND INFORMATION: The Wastewater Main Rehabilitation Program is intended to systematically replace and repair existing wastewater infrastructure that has reached its useful life. This is the ninth project scheduled in this program.

I
n 2016, the City hired a consultant to perform a wastewater pipeline condition assessment. The assessment included the inspection of the City’s larger wastewater pipelines and identified pipe segments in need of repair due to deteriorating pipe conditions. Staff uses the condition assessment results to prioritize rehabilitation of wastewater pipelines. Project No. 9 focuses on the 24-inch and 30-inch diameter wastewater trunk lines running south from Ham Lane and Park Street, continuing along the east side of the WID Canal, ending at Century Boulevard.

O
nce completed, the project will improve the level of service associated with the wastewater system by increasing reliability, reducing risk of pipeline failures, and decreasing maintenance costs. As with previous phases of the project, staff is again recommending the use of trenchless methods of rehabilitation to minimize both surface disruption and costs.

P
roject No. 9 includes in-place (trenchless) rehabilitation of approximately 3,100 linear feet of 24-inch and 30-inch diameter wastewater main, and the rehabilitation of approximately 18 manholes.

T
he plans and specifications are on file in the Public Works Department. The planned bid opening date is April 27, 2022. The project estimate is $2,400,000.

FI
SCAL IMPACT: Completing this project will reduce future maintenance costs and increase the performance and reliability of the wastewater system.

F
UNDING AVAILABLE: Funding will be identified at project award.

Approve Plans and Specifications and Authorize Advertisement for Bids for Wastewater Main Rehabilitation Program (Project No. 9) April 6, 2022

Page 2 ends

________________________________________
Charles E. Swimley, Jr.

Public Works Director

Prepared by Jimi Billigmeier, Associate Civil Engineer
CES/JB/cd
Attachment
cc: Deputy Public Works Director /City Engineer
Utility Manger

AGENDA ITEM C-06

COUNCIL COMMUNICATION
APPROVED: ________________________________
Stephen Schwabauer, City Manager
\\cvcfilv02\pubwks$\WP\PROJECTS\STREETS\2022 Crack Seal\CAward.docx 3/22/2022
AGENDA TITLE: Adopt Resolution Awarding Contract for 2022 Pavement Crack Seal Project to Global Road Sealing, Inc., of Garden Grove ($72,573.38) and Appropriating Funds ($22,574) M
EETING DATE: April 6, 2022
P
REPARED BY: Public Works Director
RE
COMMENDED ACTION: Adopt resolution awarding Contract for 2022 Pavement Crack Sealing Project to Global Road Sealing, Inc., of Garden Grove, in the amount of $72,573.38 and appropriating $22,574.

B
ACKGROUND INFORMATION: The primary cause of asphalt failure is water infiltration into the street subgrade. Crack sealing is one of the most basic, and important, preventive street maintenance practices.

T
his project consists of thoroughly cleaning and sealing the existing transverse and longitudinal cracks in pavement surfaces and includes other incidental and related work. This contract is intended to supplement work performed by Street Division crews to maximize the street area sealed each year. The 2022 locations are shown on Exhibit A and listed on Exhibit B.

T
he plans and specifications for this project were approved on February 05, 2022. The City received the following three bids for this project on March 09, 2022:

Above/(Below)
Bidder Location Bid Engineer’s Estimate
Engineer’s Estimate $50,000
Global Road Sealing, Inc. Garden Grove $72,573.38 $22,573.38 Bond Blacktop, Inc. Union City $80,230.26 $30,230.26
Pavement Coatings, Co. Sacramento $103,269.76 $53,269.76 Graham Contractors, Inc. San Jose $108,534.04 $58,534.04 S
taff recommends awarding Contract for 2022 Pavement Crack Sealing Project to Global Road Sealing, Inc., of Garden Grove, in the amount of $72,573.38 and appropriating $22,574. The difference between the Engineer’s Estimate and low bid is primarily due to historic inflation, material shortages and the construction market forces.

F
ISCAL IMPACT: By increasing the crack sealing effort, the useful life of City streets will be extended. This project does not impact the General Fund.

Adopt Resolution Awarding Contract for 2022 Pavement Crack Seal Project to Global Road Sealing, Inc., of Garden Grove ($72,573.38) and Appropriating Funds ($22,574)
April 6, 2022

Page 2 ends

FUNDING AVAILABLE: Budgeted Fiscal Year 2021/22-
TDA Streets (30599000.77020): $50,000

Requested Appropriation:

TDA Streets (30599000.77020) $22,574

______________________________________
Andrew Keys
Deputy City Manager/Internal Services Director

________________________________________
Charles E. Swimley, Jr.

Public Works Director

Prepared by Alice Bernardino, Associate Civil Engineer
CES/AB/cd
Attachments

cc: Utility Superintendent

Ham
Ln.

Kettleman Ln.

Lodi Ave.

Turner Rd.

Vine St.

M
ills Ave.

Hwy. 99
Stockton St.

Pine St.

Lockeford St.

Church S
t.

Elm St.

HWY 12
Hutchins St.

Lower Sacram
ento Rd.

Cherokee Ln.
μ
00 . 510.25
Miles
Exhibit A
2022 Crack Seal Project
Legend
Project Location
Length (ft) Width  (ft) Area  (sf)
Cherokee Ln. Delores St. Hale Rd. 1750 31 54250
Cherokee Ln. Pine St. Lodi Ave. 1075 31 33325
Cherokee Ln. Lockeford St. Victor Rd. 420 27 11340
Cherokee Ln. Lodi Ave. Pine St. 1075 31 33325
Cherokee Ln. Hale Rd. Lodi Ave. 1950 31 60450
Cherokee Ln. Murray St. Lockeford St. 796 27 21492
Cherokee Ln. Tokay St. Vine St. 1350 31 41850
Cherokee Ln. Victor Rd. Elm St. 750 31 23250
Cherokee Ln. Elm St. Pine St. 425 31 13175
Cherokee Ln. Lodi Ave. Tokay St. 1450 31 44950
Cherokee Ln. Pine St. Victor Rd. 1200 31 37200
Cherokee Ln. Lockeford St. Murray St. 796 27 21492
Cherokee Ln. Victor Rd. RR 136 27 3672
Cherokee Ln. Pioneer Dr. Murray St. 743 27 20061
Cherokee Ln. Murray St. Pioneer Dr. 743 27 20061
Cherokee Ln. Vine St. Kettleman Ln. 2575 31 79825
Cherokee Ln. Kettleman Ln. Delores St. 1670 31 51770
SUBTOTAL 571,488
Lodi Ave. Central Av. Garfield St. 655 30 19650
Lodi Ave. Washington St. Central Av. 660 25 16500
Lodi Ave. Stockton St. Washington St. 655 25 16375
Lodi Ave. Main St. Stockton St. 295 25 7375
Lodi Ave. Washington St. Stockton St. 400 30 12000
Lodi Ave. Garfield St. Central Av. 560 30 16800
Lodi Ave. Central Av. Washington St. 850 30 25500
Lodi Ave. Stockton St. Main St. 400 30 12000
Lodi Ave. Main St. R.R. 205 31 6355
Lodi Ave. R.R. Main St. 295 25 7375
Lodi Ave. Cherokee Ln. Garfield St. 810 30 24300
Lodi Ave. Garfield St. Cherokee Ln. 620 25 15500
SUBTOTAL 179,730
Mills Ave. Holly Dr. Turner Rd. 249 45 11205
Mills Ave. Short Av. Holly Dr. 921 45 41445
Mills Ave. Lake St. Short Av. 197 45 8865
Mills Ave. Ayers Av. Lake St. 224 45 10080
Mills Ave. Robert St. Ayers Av. 273 45 12285
Mills Ave. Yosemite Dr. Robert St. 122 45 5490
Mills Ave. Yosemite Dr. Colette St. 122 45 5490
Mills Ave. Lockeford St. Colette St. 342 45 15390
Mills Ave. Mariposa Wy. Lockeford St. 295 45 13275
Mills Ave. Locust St. Mariposa Wy. 270 45 12150
2022 Crack Seal Project Location
Exhbit B
Road Name From To Street
Cherokee Ln.

Lodi Ave.

Mills Ave. Elm St. Locust St. 265 24 6360
Mills Ave. Pine St. Jerry Ln. 412 43 17716
Mills Ave. Walnut St. Kenway Ct. 139 43 5977
Mills Ave. Kenway Ct. Capell Dr. 116 43 4988
Mills Ave. Jerry Ln. Debbie Ln. 255 43 10965
Mills Ave. Debbie Ln. Elm St. 268 43 11524
Mills Ave. Santa Ynez Dr. Pine St. 255 43 10965
Mills Ave. Capell Dr. Santa Ynez Dr. 276 43 11868
Mills Ave. Jackson St. Walnut St. 276 43 11868
Mills Ave. Lodi Av. Jackson St. 268 43 11524
SUBTOTAL 239,430
Pine St. Stockton St. Washington St. 400 48 19200
Pine St. Central Av. Washington St. 751 48 36048
Pine St. Central Av. Garfield St. 561 48 26928
Pine St. Main St. Stockton St. 380 48 18240
Pine St. Garfield St. Cherokee Ln. 794 48 38112
SUBTOTAL 138,528
Turner Rd. Roper Av. Grant Av. 560 31 17360
Turner Rd. Mills Av. Loma Dr. 2749 31 85219
Turner Rd. California St. Lincoln Av. 593 31 18383
Turner Rd. Ham Ln. Laurel Av. 1180 31 36580
Turner Rd. Grant Av. California St. 595 63 37485
Turner Rd. Lincoln Av. Pleasant Av. 589 31 18259
Turner Rd. Lincoln Av. Edgewood Dr. 595 31 18445
Turner Rd. Ham Ln. Roper Av. 1150 30 34500
Turner Rd. Pleasant Av. Church St. 458 31 14198
Turner Rd. Rivergate Dr. Lincoln Av. 1060 31 32860
Turner Rd. Edgewood Dr. Lakewood Av. 1490 31 46190
Turner Rd. Laurel Av. Ham Ln. 1100 31 34100
Turner Rd. Parkview Av. Laurel Av. 620 31 19220
Turner Rd. Lakewood Dr. Ham Ln. 826 31 25606
Turner Rd. Mills Av. Lower Sacramento Rd. 1435 31 44485 Turner Rd. Laurel Av. Loma Dr. 865 31 26815
Turner Rd.
r Sacramento Rd. Woodhaven Wy. 1180 31 36580
Turner Rd. Rutledge Dr. Mills Av. 2030 30 60900
Turner Rd. Loma Dr. Parkview Av. 290 31 8990
Turner Rd. Loma Dr. Parkview Av. 290 31 8990
Turner Rd. Mills Av. Loma Dr 2749 31 85219
SUBTOTAL 710,384
TOTAL 1,839,560
Mills Ave.

Pine St.

Turner Rd.

#40
District Nos:Citywide Project Length7/20-6/21Priority 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 50,000 $ 50,000$ 72,574$ 50,000$ 50,000$ 50,000$ 50,000$ N/A 372,574$ Total Capital Costs 50,000 $ 50,000$ 72,574$ 50,000$ 50,000$ 50,000$ 50,000$ N/A 372,574 $ 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
302 - Gas Tax 2103 50,000 $ 50,000 $ 50,000$ 50,000$ 50,000$ N/A 250,000$ 305 - TDA - Streets 50,000 $ 72,574 $ N/A 122,574$ Total Project Financing 50,000$ 50,000$ 72,574$ 50,000$ 50,000$ 50,000$ 50,000$ N/A 372,574 $ 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
This is an annual contract.

Additional Information
This project is to perform pavement crack seals on various streets in the City.

Justification/factor driving project
This project is to perform pavement crack seals on various streets in the City.

Munis Project Code:

FY 2021-2022
Maintenance Project Title:Annual Pavement Crack Seal Program PWST-0018 RESOLUTION NO. 2022-____

A RESOLUTION OF THE LODI CITY COUNCIL AWARDING THE
CONTRACT FOR THE 2022 PAVEMENT CRACK SEAL PROJECT
TO GLOBAL ROAD SEALING, INC., OF GARDEN GROVE; AND

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

WHEREAS, this project consists of thoroughly cleaning and sealing the existing transverse and longitudinal cracks in pavement surfaces and includes other incidental and related work; and

WHEREAS, the plans and specifications for the project were approved on February 5, 2022, and the City received the following four bids for this project on March 9, 2022:

Above/(Below)
Bidder Location Bid Engineer’s Estimate
Global Road Sealing, Inc. Garden Grove $72,573.38 $22,573.38 Bond Blacktop, Inc. Union City $80,230.26 $30,230.26 Pavement Coatings Co. Sacramento $103,269.76 $53,269.76 Graham Contractors, Inc. San Jose $108,534.04 $58,534.04

WHEREAS, staff recommends awarding the c ontract for the 2022 Crack Sealing Project to Global Road Sealing, Inc., of Garden Grove, in the amount of $72,573.38 ; and

WHEREAS, staff also recommends appropriating funds in the amount of $22,574 from the TDA Streets Fund (30599000.77020).

NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby award the contract for the 2022 Pavement Crack Sealing Project to the low bidder, Global Road Sealing, Inc., of Garden Grove, California, in the amount of $72,573.38; and

BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute the contract; and

BE IT FURTHER RESOLVED that funds in the amount of $22,574 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 to make clerical corrections as necessary.

Dated: April 6, 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 April 6, 2022 by the following vote:

AYES: COUNCIL MEMBERS –

NOES: COUNCIL MEMBERS –

ABSENT: COUNCIL MEMBERS –

ABSTAIN: COUNCIL MEMBERS –

PAMELA M. FARRIS
Assistant City Clerk
2022-____
AGENDA ITEM C-07

COUNCIL COMMUNICATION
APPROVED: ________________________________
Stephen Schwabauer, City Manager
\\cvcfilv02\pubwks$\WP\PROJECTS\MISC\PD Gun Range\Gun Range Ventilation\CAward.docx 2/24/2022 AGENDA TITLE: Adopt Resolution Awarding Contract for Lodi Gun Range Ventilation Improvement Project, to Diede Construction, Inc., of Woodbridge ($397,700), Authorizing City Manager to Execute Contract Extensions and Change Orders ($60,000), Appropriating Funds ($200,000), and Accepting Donation from Lodi Police Foundation ($200,000)
M
EETING DATE: April 6, 2022
P
REPARED BY: Public Works Director
RE
COMMENDED ACTION: Adopt resolution awarding contract for Lodi Gun Range Ventilation Improvement Project to Diede Construction, Inc, of Woodbridge, in the amount of $397,700.00, authorizing City Manager to execute contract extensions and change orders in an amount not to exceed $60,000, appropriating funds in the amount of $200,000, and accepting donation from Lodi Police Foundation in the amount of $200,000.

B
ACKGROUND INFORMATION: The existing gun range located in the basement of the City Hall Annex Building at 213 W. Elm Street has been utilized by the Lodi Police Department to practice firearm and target shooting. Recent inspection of the facility indicated the existing ventilation system is not up to current Occupational Safety and Health Administration (OSHA) standards.

T
he City hired GDMD Engineering, Inc., of Lodi to provide project design services for upgrading the existing Heating, Ventilation, and Air Conditioning (HVAC) system to OSHA compliance. The project includes removal of the existing HVAC system, installation of the new HVAC system with filters, modification of HVAC duct work, and other miscellaneous and related items as shown on the plans and specifications for the project.

S
pecifications for this project were approved on November 17, 2021. The City received the following 2 bids for this project on February 23, 2022:

B
idder Location Bid Above/(Below) Estimate
Engineer’s Estimate $ 287,000.00
Diede Construction Woodbridge $ 397,700.00 $ 110,700.00 JHK Construction Escalon $ 537,000.00 $ 250,000.00
T
he bids came in significantly higher than the engineer’s estimate and it is mainly in the HVAC component of the project. This is due to market forces and material supply chain issues which are happening across the industry and higher than anticipated lead contamination removal and disposal requirements. Staff reviewed the bids with the design engineer and concluded that the lowest bid is acceptable and recommend the award of the contract.

Adopt Resolution Awarding Contract for Lodi Gun Range Ventilation Improvement Project, to Diede Construction, Inc., of Woodbridge ($397,700), Authorizing City Manager to Execute Contract Extensions and Change Orders ($60,000), Appropriating Funds ($200,000), and Accepting Donation from Lodi Police Foundation ($200,000)
April 6, 2022

Page 2 ends

This project is the first phase of remodeling the indoor gun range. After the HVAC component is brought up to code, Phase No. 2 will begin on the remaining acoustic, flooring and bullet trap components. Staff is working with an architect on the design of Phase No. 2 and will come back to Council for approval at a later date.

The project will be partially funded by a grant from the Lodi Police Foundation and the remaining money will be covered by the General Fund.

Staff recommends awarding contract for Lodi Gun Range Ventilation Improvement Project, to Diede Construction, Inc., of Woodbridge, in the amount of $397,700.00, authorizing City Manager to execute contract extension and change orders in an amount not to exceed $60,000, appropriating funds in the amount of $200,000, and accepting the $200,000 donation from the Lodi Police Foundation to cover the project and staff time.

FISCAL IMPACT: Upgrading the existing HVAC system will improve the indoor air quality and reduce the City’s exposure to potential OSHA liabilities.

FUNDING AVAILABLE: Requested Appropriation:

General Fund Capital $200,000

Fiscal Year 2021/22 CIP:

LPD Foundation Fund $200,000
General Fund Capital $100,000
Total $500,000

______________________________________
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

cc: Public Works Management Analyst
Police Chief
GDMD Engineering, Inc.

Facilities Superintendent
Diede Construction

Project Title: #216
Section I: Description District Nos: 3 Project Length Priority High Section II: Estimated Project Costs
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 - $ 15,700$ 500,000$ 515,700$ Total Capital Costs - $ 15,700$ 500,000$ - $ - $ - $ - $ - $ 515,700$ Section III: Funding Sources/Methods of Financing
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
100 - Facilities - $ 15,700$ 15,700$ 431 - Capital Outlay/General Fund -$ 500,000 $ 500,000$ Total Project Financing -$ 15,700$ 500,000$ - $ - $ - $ - $ - $ 515,700$ 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 Lodi Police Foundation, a California non-profit corporation, has over the past several years donated funding for several equipment purchases for use by the Lodi Police Department.

These donations are integral to the Lodi Police Department’s needs that are not met through the general fund. The Lodi Police Foundation is donating $200,000 to the City to offset HVAC and Exhaust system equipment, construction materials, and labor for the City Hall Annex indoor gun range for use by the Lodi Police Department.

Additional Information
The existing HVAC and exhaust system in the gun range is out of CALOSHA compliance and will need to be upgraded in order to provide clean air to the occupants.

Justification/factor driving project
Improvement to the existing HVAC and Exhaust system in the City Hall Annex indoor gun range.

City Hall Annex Gun Range Improvements GFCP-22009Munis Project Code:

RESOLUTION NO. 2022-____

A RESOLUTION OF THE LODI CITY COUNCIL AWARDING THE CONTRACT

FOR THE LODI GUN RANGE VENTILATION IMPROVEMENT PROJECT TO DIEDE CONSTRUCTION, INC., OF WOODBRIDGE; AUTHORIZING THE

CITY MANAGER TO EXECUTE CONTRACT EXTENSIONS AND CHANGE
ORDERS; APPROPRIATING FUNDS; AND ACCEPTING A DONATION FROM

THE LODI POLICE FOUNDATION
========================================================================

WHEREAS, the existing gun range, located in the basement of the Ci ty Hall Annex Building at 213 West Elm Street, has been utilized by the Lodi Police Department to practice firearm and target shooting; and

WHEREAS, recent inspection of the facility indicated the existing ventilation system is not up to current Occupational Safety and Health Administration (OSHA) standards; and

WHEREAS, the City hired GDMD Engineering, Inc., of Lodi , to provide project design services for upgrading the existing Heating, Ventilation, and Air Conditioning (HVAC) system to OSHA compliance; and

WHEREAS, the project includes removal of the existing HVAC system, installation of the new HVAC system with filters, modification of HVAC duct work, and other miscellaneous and related items as shown on the plans and specifications for the project; and

WHEREAS, plans and specifications for the project were approved on November 17, 2021, and the City received the following two bids for this project on February 23, 2022:

Above/(Below)
Bidder Location Bid Engineer’s Estimate
Diede Construction Woodbridge $ 397,700 $ 110,700 JHK Construction Escalon $ 537,000 $ 250,000

WHEREAS, staff recommends awarding the contract for the Lodi Gun Range Ventilation Improvement Project to Diede Construction, Inc., of Woodbridge, in the amount of $397,700; and

WHEREAS, sta ff also recommends authorizing the City Manager to execute contract extensions and change orders in an amount not to exceed $60,000; and

WHEREAS, staff also recommends appropriating funds in the amount of $200,000 from General Fund Capital; and

WHEREAS, staff also recommends accepting the $200,000 donation from the Lodi Police Foundation.

NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby award the contract for the Lodi Gun Range Ventilation Improvement Project to Diede Construction, Inc., of Woodbridge, California, in the amount of $397,700; and

BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute the contract and any contract extensions and change orders in an amount not to exceed $60,000; and

BE IT FURTHER RESOLVED that the Lodi City Council does hereby appropriate funds in the amount of $200,000 from General Fund Capital; and

BE IT FURTHER RESOLVED that the Lodi City Council does hereby accept the $200,000 donation from the Lodi Police Foundation; 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: April 6, 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 April 6, 2022 by the following vote:

AYES: COUNCIL MEMBERS –

NOES: COUNCIL MEMBERS –

ABSENT: COUNCIL MEMBERS –

ABSTAIN: COUNCIL MEMBERS –

PAMELA M. FARRIS
Assistant City Clerk

2022-____
AGENDA ITEM C-08

COUNCIL COMMUNICATION
APPROVED: ________________________________
Stephen Schwabauer, City Manager
\\cvcfilv02\pubwks$\WP\PROJECTS\MISC\Electric Utility\EUD Remodel 2020\CC EUD CO Increase Warehouse Roof.docx 2/24/2022 AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Additional Change Orders for Lodi Electric Utility Office Remodel Project with Diede Construction, Inc., of Woodbridge ($500,000) and Appropriating Funds ($500,000) MEETING DATE: April 6, 2022
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Adopt resolution authorizing the City Manager to execute additional change orders for the Lodi Electric Utility Office Remodel Project with Diede Construction, Inc., of Woodbridge in an amount not to exceed $500,000 and appropriating funds in the amount of $500,000.

BACKGROUND INFORMATION: On May 19, 2021, City Council awarded the contract for the Electric Utility Office Remodel Project to Diede Construction, Inc., of Woodbridge in the amount of $2,922,000 and authorized the City Manager to execute change orders in an amount not to exceed $520,000.

To date there have been five (5) change orders totaling $499,076. Various major items of work in the approved change orders include a new fire alarm system, new data communications cabling, a new roof on the main building and new office systems furniture for the Electric Utility (EU) remodel area staff. While it was originally anticipated existing office furniture would be re-used in the newly remodeled work space, once the furniture was dismantled, moved into temporary office areas and re-assembled, it became apparent most of the furniture was in disrepair and incompatible with new furniture systems making it impossible to locate and match replacement pieces.

At this time, staff have identified additional, final needs as it relates to the project including security improvements to ensure the safety of EU personnel as well as improvements to control access to employee only designated areas. In addition, already included as part of the Fiscal Year (FY) 2021/22 Capital Improvement Program (CIP) is funding for replacement of the EU warehouse roof. The EU warehouse is a pre-engineered metal building and the current remodel project includes three (3) pre- engineered metal storage buildings. With Diede already on site, a proposal was requested to have them replace the warehouse roof. The proposal includes all necessary engineering and documentation to submit the Building Permit application package and perform the roof replacement and was less costly and more appropriate in terms of scope for a metal building than a prior proposal received for the proposed roof replacement project.

Therefore, at this time, staff are requesting authorization for the City Manager to execute additional change orders for the remodel project and appropriate funds to pay the costs associated with these additional change orders. EU anticipates having unspent funding from a variety of completed and/or Adopt Resolution Authorizing City Manager to Execute Additional Change Orders for Lodi Electric Utility Office Remodel Project with Diede Construction, Inc., of Woodbridge ($500,000) and Appropriating Funds ($500,000) April 6, 2022

Page 2 ends

closed FY 2021/22 projects to offset the needed appropriation. It is anticipated that the remodel project will be complete and staff will move back into the newly renovated building by the end of the current FY.

FISCAL IMPACT: This project will not impact the City’s General Fund. Including design, engineering, permitting, inspection, construction and the costs associated with temporary facilities during the remodel, the revised project budget for FY 2021/22 will total $4,021,642. Any unused funds will roll to FY 2022/23 as needed.

FUNDING AVAILABLE: It is requested that funds in the amount of $500,000 be appropriated to 50199000.77020 (Project EUCP-21007).

______________________________________
Andrew Keys
Deputy City Manager/Internal Services Director

________________________________________
Charles E. Swimley, Jr.

Public Works Director

________________________________________
Jeff Berkheimer
Electric Utility Director

Prepared by Gary Wiman, Construction Project Manager
CES/GW/cd
Attachments

Email Date:

Job Name:

Job Location:
2%
Exclusions:
dollars
NOTE:
accepted within 5 days.

Acceptance of Proposal ‐‐
Signature
or as noted above.

Signature
City of Lodi [email protected] 02/25/22
Proposal Submitted To:

Street:
221 W. Pine Street  Lodi Electric Utility Office Remodel City, State, Zip:

Lodi, CA 95240 1331 S. Ham Lane, Lodi, CA 95240

2. Remove and reinstall all existing screen wall steel kickers. The screen wall itself will remain intact the entire time during our work at the roof level.

Attention: Job #: Reference: PC#:

Gary Wiman 21012 76
We hereby submit specifications and estimates for:

Reroof existing building as follows:

1. Along Line 2 a reveal cut will be required to be cut into the screen wall to allow for the panels to pass under during install and for final install of roof to be complete. We will minimize the cut made into this screen wall but essentially the wal l sits on the existing roof and the screen clearance needs to be increased to allow for the new panels to pass through and not create a water dam.

3. Provide New Metal Roof, approx. 13,800 sqft of roof panel. New roof panels to be 26ga Metal Sales PBR (Or Sim ilar)  Exposed Fastener White Painted panels, as close to match the existing panels as possible. Final color to be selected from manufacturers standard Colorfast45 Color chart.

2. Reinforcing the existing bldg. or engineering associated with this roof system

5. Remove and replace all ridge vents. QEC to remove existing then install 8ea ridge ve nts 10’ in length and non‐continuously installed. These will be stand alone units as these have the best chance of not leaking. Linked units like currently installed are notorious for leaks.

4. Remove and replace (2) ea dek‐tites at East end of roof around MEP penetrations.

Subtotal  261,464.31$
Bonds & Insurance 5,229.29 $
Total: 266,693.60$

6. Install New drip edge at Rake of building and into existing gutters. To keep bugs and animals from getting into the space between the new panels and the old all new flashing will be provided at roof level to account for closing off the edges of the roof.

This proposal does not include General Conditions costs beyond the current contract completion date in addition to the items noted below; specified.  Payment will be made accordinging to contract terms Date of Acceptance:

NOTICE: "Under the Mechanic's Lien Law ( California Code of Civil Procedure, Section 1181 et seq.) any contractor, subcontractor, laborer, supplier or other person who helps to improve your property but is not paid for his/her work or supplies, has a right to enforce a claim against your property. This means that after a court hearing your property could be sold by a court officer and the proceeds of the sale used to satisfy the indebtedness. This can happen even if you have paid your own contractor in full, if the subcontractor, laborer or supplier remains unpaid." All material is guaranteed to be as specified. All work to be completed in a workman like manner according to standard practices. Any alteration or deviation from the above specifications involving extra costs will be executed only upon written orders and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control.  Owner to carry fire, tornado and other necessary insurance.

Authorized
Signature
Mike Azevedo, Project Manager
This proposal may be withdrawn if not

3. Removal of existing roof panels or skylights

4. Removal of any existing material, besides the old ridge vents The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as

7. New bird netting (All material will be reused)

8. New lower roofs at the Southeast corner of the building. These can be added if desired, but it was conveyed the upper roof was the reason for the inquiry

1. Anything not specifically mentioned above.

Two Hundred Sixty Six Thousand Six Hundred Ninety Four Dollars and No Cents 266,694.00$

6. New gutters or downspouts

5. New roof insulation

Job Name: Lodi Electric Utility Office Remodel
Work Description Men  / Day  TTL Hours Rate Item  Total Supervision 1 Man 200 96.18$     19,236.00$
Field Measure Roof 2 Men 16 74.90$     1,198.40$
‐$
‐$
‐$
‐$

20,434.40$
Permit Allowance 10,000.00$
Dumpster 1,500.00$
Truck & Fuel 1,000.00$

12,500.00$
Lift Rental   1,550.00$

1,550.00$
34,484.40$
15% 5,172.66$
39,657.06$
Engineering 2,550.00$
Install 26 ga. Painted Roof 208,695.00$

211,245.00$
5% 10,562.25$
221,807.25$
261,464.31$
Markup
DDC Labor, Material & Equipment Total
SUBCONTRACTOR SUBTOTAL
Markup
Subcontractor Total
TOTAL
Job #: 21012 PC  #: 76
DDC LABOR TOTAL
MATERIAL TOTAL
EQUIPMENT TOTAL
DDC Labor, Material & Equipment Subtotal

Project Title: #49
District Nos: 3 Project Length 7/17-6/22Priority 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 108,125 $ 136,859$ 4,021,642$ 4,266,626$ Total Capital Costs 108,125 $ 136,859$ 4,021,642$ - $ - $ - $ - $ - $ 4,266,626$ 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
501 - EU Outlay Capital Reserve Fund 108,125$ 136,859$ 4,021,642$ 4,266,626$ Total Project Financing 108,125$ 136,859$ 4,021,642$ - $ - $ - $ - $ - $ 4,266,626$ 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
This project will improve customer service, employee safety/security and addressing operational and workforce needs. Project construction will likely commence toward the end of FY 21 - any unused funds will carry forward to FY 22. $500K added to project in FY 22 for additional change order authority for warehouse roof (budgeted via separate CIP but scheduled to close in FY 23) and security improvements. Any unused funds will roll to FY 23 if needed.

Additional Information
Renovation of Lodi Electric Utility (LEU) facilities, including but not limited to, ADA, security, and other upgrades to improve functionality of existing spaces to accommodate existing staff.

Renovation activities will also include needed repairs to flooring and roof systems.

Justification/factor driving project
Renovation of Lodi Electric Utility (LEU) facilities, including but not limited to, ADA, security, and other upgrades to improve functionality of existing spaces to accommodate existing staff.

Renovation activities will also include needed repairs to flooring and roof systems.

LEU Facility Renovation EUCP-21007Munis Project Code:

Section I: Description
Section II: Estimated Project Costs
Section III: Funding Sources/Methods of Financing
RESOLUTION NO. 2022-____

A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE

CITY MANAGER TO EXECUTE ADDITIONAL CHANGE ORDERS FOR THE

LODI ELECTRIC UTILITY OFFICE REMODEL PROJECT WITH
DIEDE CONSTRUCTION, INC., OF WOODBRIDGE; AND FURTHER

APPROPRIATING FUNDS
======================================================================== WHEREAS, on May 19, 2021, City Council awarded the contract for the Electric Utility Office Remodel Project to Diede Construction, Inc. (Diede), of Woodbridge in the amount of $2,922,000 and authorized the City Manager to e xecute change orders in an amount not to exceed $520,000; and

WHEREAS, to date there have been five (5) change orders totaling $499,076 addressing major items of work including a new fire alarm system, new data communications cabling, a new roof on the main building, and new office systems furniture for the Electric Utility (EU) remodel area staff; and

WHEREAS, staff have identified additional, final needs as it relates to the project, including security improvements to ensure the safety of EU personnel, as well as improvements to control access to employee-only designated areas; and

WHEREAS, staff also requested a proposal from Diede to replace the EU warehouse roof, a project already included in the Fiscal Year 2021/22 Capital Improvement Program; and

WHEREAS, the proposal provided by Diede includes all necessary engineering and documentation to submit the Building Permit application package and perform the roof replacement and was less costly and more appropriate in terms of scope for a metal building than a prior proposal received by the City for the proposed roof replacement project; and

WHEREAS, staff recommend authorizing the City Manager to execute additional change orders for the remodel project and appropriate funds to pay the costs associated with these additional change orders with the additional appropriation to be offset by unspent funding from a variety of completed and/or closed FY 2021/22 projects.

NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute additional change orders for the Lodi Electric Utility Office Remodel Project with Diede Construction, Inc., of Woodbridge, in an amount not to exceed $500,000; and

BE IT FURTHER RESOLVED that f unds in the amount of $500,000 be appropriated to Account No. 50199000.77020 (Project EUCP-21007).

Dated: April 6, 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 April 6, 2022 by the following vote:

AYES: COUNCIL MEMBERS –

NOES: COUNCIL MEMBERS –

ABSENT: COUNCIL MEMBERS –

ABSTAIN: COUNCIL MEMBERS –

PAMELA M. FARRIS
Assistant City Clerk
2022-____
AGENDA ITEM C-09

COUNCIL COMMUNICATION
APPROVED: ________________________________
Stephen Schwabauer, City Manager
\\cvcfilv02\pubwks$\WP\PROJECTS\STORMDRN\Laurel Ave Storm Drainage Improvements\CAccept.docx 3/22/2022 AGENDA TITLE: Accept Improvements Under Contract for Laurel Avenue Storm Drainage Improvements MEETING DATE: April 6, 2022
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Accept improvements under contract for Laurel Avenue Storm Drainage Improvements.

BACKGROUND INFORMATION: Laurel Avenue dead-ends into Lodi Lake Park near the eastern portion of the lake. The storm drain system consisted of two drain inlets connected by a 12” pipe, and then an 8” pipe going to an outfall into the lake.

The 8” pipe section had become fully clogged with tree roots and leaves, causing the water to pond along the street. This project replaced that 8” pipe section with a 12” pipe. Two manholes and a new outfall were constructed to accommodate the new pipe alignment. The improvement locations are shown on Exhibit A.

The contract was awarded to TBS Contractors, of Merced, in the amount of $84,414.31. All work was completed in substantial conformance with the plans and specifications approved by City Council and prior to the contract completion date. The final contract amount was $91,993.04.

The difference between the original contract amount and the final amount is for additional work needed to address unknown utilities encountered during construction and additional pavement patching requested by the Parks Department.

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: The project will improve storm water drainage and reduce maintenance costs.

FUNDING AVAILABLE: This project was funded by 2021/22 Wastewater Capital and Parks Capital funds.
________________________________________
C harles E. Swimley, Jr.

Public Works Director
Prepared by Sean Nathan, Senior Civil Engineer
CES/SN/cd
Attachments
!
!
")")
#
#Lodi Lake
Laurel Av.

Turner Rd.
µ
0 10050
Feet

EXHIBIT A
Legend
Pipe to be Abandoned
Pipe to Remain
Proposed Pipe
AGENDA ITEM C-10

COUNCIL COMMUNICATION
APPROVED: ________________________________
S tephen Schwabauer, City Manager
\\cvcfilv02\pubwks$\WP\COUNCIL\2022\CC_WYA Recycled Water Supply Evaluation.docx 2/24/2022 AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Professional Servi ces Agreement with West Yost & Associates, Inc., of Davis, for Recycled Water Supply and Land Application Alternatives Evaluation ($93,500)
MEET
ING DATE: April 6, 2022
PRE
PARED BY: Public Works Director
RECO
MMENDED ACTION: Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement with West Yost & Associates, Inc., of Davis, for Recycled Water Supply and Land Application Alternatives Evaluation ($93,500)
BACKGROUND INFORMATION: In total, the City owns 1,040 acres of land surroundin g the WSWPCF. Portions of t he land are used for t he applicati on of recycled wastewater for agricultural land irrigation, fish pond replenishment, and two power generating facilities (Exhibit A).

Of the 1,040 acres, there are 790 Acres of agricultural land application area where the City is permitted by the State Water Resources Control Board (SWRCB) to irrigate with a mixture of disinfected tertiary - treated wastewater, disinfected secondary treated wastewater, and the City’s industrial process wastewater. This land is used to grow crops for dairy cattle such as feed corn, wheat, and alfalfa. These crops are not allowed for consumption by humans. The City applies just under 4,000 acre-feet of recycled wastewater for agricultural purposes annually.

In addition to agricultural irrigation, the City provides tertiary treated recycled wastewater to the Northern California Power Agency (NCPA) and San Joaquin Vector Control District (SJVCD). The recycled water provided to these agencies is treated to Title 22 Standards. NCPA is contracted with the City to use up to 1,800 Acre-feet of Title 22 recycled water; and the SJVCD utilizes approximately 215 acre-feet each year for their respective operations.

Recycled water demand has the potential to grow over the next few decades due to persistent drought conditions and/or expanding need for alternative industrial uses. This Contract is intended to explore the City’s long term (10-20
year) options for maximizing recycled water availability and for optimizing current and future supply
and identifying the most beneficial disposal methods.

Staff recommends authorizing City Manager to execute Professional Services Agreement with West Yost & A ssociates, Inc., o f Davis, for R ecycled Water S upply and Land Application Alternatives Evaluation, in the amount of $93,500.

Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement with West Yost & Associates, Inc., of Davis, for Recycled Water Supply and Land Application Alternatives Evaluation ($93,500) April 6, 2022

Page 2 ends

FISCAL IMPACT: As drought continues to persist, the demand for recy cled wastewater and beneficial disposal options is also growing. This study will provide the information needed for the City to optimize this commodity. This contract does not impact the General Fund.

FUNDI
NG AVAILABLE: (53053003.72450) - $93,500
______________________________________
A
ndrew Keys
Deputy City Manager/Internal Services Director
________________________________________
Char les E. Swimley, Jr.

Public Works Director
CES/cs/cdb
Attachment
Recycled Water Application Area

RESOLUTION NO. 2022-____

A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE

CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT WITH WEST YOST & ASSOCIATES, INC., OF DAVIS,

FOR RECYCLED WATER SUPPLY AND LAND APPLICATION

ALTERNATIVES EVALUATION
========================================================================

WHEREAS, in total, the City owns 1,040 acres of land surrounding the White Slough Water Pollution Control Facility and portions of the land are used for the application of recycled wastewater for agricultural land irrigation, fish pond replenishment, and two power generating facilities; and

WHEREAS, recycled water demand has the potential to grow over the next few decades due to persistent drought conditions and/or expanding need for alternative industrial uses; and

WHEREAS, this contract is intended to explore the City’s long- term (10-20 year) options for maximizing recycled water availability and for optimizing current and future supply , and identifying the most beneficial disposal methods; and

WHEREAS, staff recommends authorizing the City Manager to execute a Professional Services Agreement with West Yost & Associates, Inc., of Davis, for Recycled Water Supply and Land Application Alternatives Evaluation, in the amount of $93,500.

NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute a Professional Services Agreement with West Yost & Associates, Inc., of Davis, California, for Recycled Water Supply and Land Application Al ternatives Evaluation, in the amount of $93,500; 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: April 6, 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 April 6, 2022 by the following vote:

AYES: COUNCIL MEMBERS –

NOES: COUNCIL MEMBERS –

ABSENT: COUNCIL MEMBERS –

ABSTAIN: COUNCIL MEMBERS –

PAMELA M. FARRIS
Assistant City Clerk

2022-____
AGENDA ITEM C-11

COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Adopt a Resolution Authorizing the City Manager to Execute Amendment No. 1 to Extend the Term Limit to March 31, 2023 for Professional Services Agreement with PlaceWorks, a California Co rporation, to Prepare an Environmental Impact Report and Provide Technical Services for a Sphere of Influence and Municipal Services Review Update M
EETING DATE: April 6, 2022
P
REPARED BY: Community Development Director
RE
COMMENDED ACTION: Adopt a resolution authorizing the City Manager to execute Amendment No. 1 to extend the Term Limit to March 31, 2023 for Professional Services Agreement with PlaceWorks, a California Corporation, to prepare an Environmental Impact Report and provide technical services for a Sphere of Influence and Municipal Services Review update.

B
ACKGROUND INFORMATION:

T
he City of Lodi initiated an update of its Sphere of Influence (SOI) and Municipal Services Review (MSR) in early 2021. As part of this effort the City issued a request for proposals seeking qualified consultants to assist with preparing an environmental review of the proposed SOI and MSR updates and to provide additional technical services related to these efforts. The firm PlaceWorks was selected to provide these services and on April 21, 2021 the City Council approved a resolution authorizing the City Manager to enter into a professional services agreement with PlaceWorks for these services.

S
tart of PlaceWorks’ efforts has been delayed to allow the City to consider appropriate boundaries for the Sphere of Influence update. With recent City Council direction on the Sphere of Influence boundary PlaceWorks is now commencing work and it is anticipated they will be engaged in these efforts through early 2023. This amendment is limited to the term of service and no change to PlaceWorks’ approved scope of work or budget are proposed.

F
ISCAL IMPACT: Not Applicable
F
UNDING AVAILABLE: Not Applicable
________________________________________
J ohn R. Della Monica, Jr.

Community Development Director

RESOLUTION NO. 2022-____

A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE
CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO EXTEND THE TERM

LIMIT FOR THE PROFESSIONAL SERVICES AGREEMENT WITH

PLACEWORKS, A CALIFORNIA CORPORATION, TO PREPARE AN

ENVIRONMENTAL IMPACT REPORT AND PROVIDE TECHNICAL SERVICES

FOR A SPHERE OF INFLUENCE AND MUNICIPAL SERVICES REVIEW UPDATE ========================================================================

WHEREAS, the City Council on April 21, 2021 authorized the City Manager to execute a Professional Services Agreement with PlaceWorks (hereinafter Contractor), a California Corporation, to prepare an Environmental Impact Report (EIR) and provide technical services for a Sphere of Influence (SOI) and Municipal Services Review ( MSR) update in an amount not to exceed $182,000; and

WHEREAS, the term of the approved Professional Services Agreement with Contractor is through April 30, 2022; and

WHEREAS, initiation of the Contractors work was delayed while the City evaluated the scope and nature of amendments to the City’s SOI; and

WHEREAS, it is now anticipated that the Contractor’s efforts could continue until early 2023; and

WHEREAS, there is no changes to the scope of services or budget as defined in the Contractor’s approved Professional Services Agreement.

NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute Amendment No. 1 to the PlaceWorks , a California Corporation, approved Professional Services Agreement to amend the term of the agreement from an original end date of April 30, 2022 to a new end date of March 31, 2023; 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: April 6, 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 April 6, 2022 by the following vote:

AYES: COUNCIL MEMBERS –

NOES: COUNCIL MEMBERS –

ABSENT: COUNCIL MEMBERS –

ABSTAIN: COUNCIL MEMBERS –

PAMELA M. FARRIS
Assistant City Clerk

2022-_____
AGENDA ITEM C-12

COUNCIL COMMUNICATION
APPROVED: ________________________________
Stephen Schwabauer, City Manager
\\c
vcfilv02\pubwks$\WP\DEV_SERV\Developments\Residential\Century 2525 W\Improvement Agreement\CC_Benjamins.docx 3/21/2022 AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Improvement Agreement for the Lower Sacramento Road Street Improvements (Century Boulevard to 510 feet North of Century Boulevard) (Benjamin Apartment Complex) M
EETING DATE: April 6, 2022
P
REPARED BY: Public Works Director
RE
COMMENDED ACTION: Adopt resolution authorizing City Manager to execute Improvement Agreement for the Lower Sacramento Road Street Improvements (Century Boulevard to 510 feet North of Century Boulevard) (Benjamin Apartment Complex).

B
ACKGROUND INFORMATION: C Note LP (Developer) has submitted multiple building permit applications (including No. B2020-2871) to construct an apartment complex on the property located at 2525 West
Century Boulevard, as shown on Exhibit A.

T
he public improvements being constructed as part of the Benjamin Apartment Complex are referred to as the “Lower Sacramento Road Street Improvements (Century Boulevard to 510 feet north of Century Boulevard)” and include the installation of street improvements along the portion of Lower Sacramento Road fronting the apartment complex.

T
he apartment complex itself will be comprised of a clubhouse, pool building, and 6 apartment buildings totaling 108 high density residential dwelling units. Developer has requested to execute an improvement agreement to design and construct the public improvements to expedite construction of the on-site improvements. City staff has deemed this a reasonable request and included a condition in the Improvement Agreement requiring that all public improvements be completed prior to final acceptance of the Project.

D
eveloper has furnished the City with public improvement plans, necessary agreements, guarantees, insurance certificates, and the required fees for the proposed project. Development Impact Fees will be collected as part of the building permit process, prior to issuing a certificate of occupancy.

S
taff recommends authorizing City Manager to execute Improvement Agreement for the Lower Sacramento Road Street Improvements (Century Boulevard to 510 feet North of Century Boulevard) (Benjamins Apartment Complex).

Adopt Resolution Authorizing City Manager to Execute Improvement Agreement for the Lower Sacramento Road Street Improvements (Century Boulevard to 510 feet North of Century Boulevard) (Benjamin Apartment Complex) April 6, 2022

Page 2 ends

FISCAL IMPACT: Not applicable.

FUNDING AVAILABLE: Not applicable

________________________________________
Charles E. Swimley, Jr.

Public Works Director

Prepared by Karissa Kiriu, Associate Civil Engineer
CES/KTVK/cd
Attachments

cc: City Attorney Senior Engineering Technician, Wiman Deputy Public Works Director/City Engineer C Note LP
Associate Civil Engineer, Kiriu RSC Engineering

F u c h s i a D r .

W
estgate Dr.

O r c h i s D r .

Azalea St.

M a y f a i r C t .

C a m e o S t .

A z a l e a L n .

Z i n n i a W y .

T u l i p W y .

B e l l o w s W y .

L e o n a r d o W y .

Ducham
p W
y.

Hibiscus W
y.

G a l a D r .

M c I n t o s h D r .

B e r n i n i W y .

Cortland Ln.

Springfield St.

P e t a l W y .

Van Ruiten Dr.

O l i v e A v .

Em
pire Dr.

H e a t h e r S t .

M a y f a i r S t .

Blossom
Dr.

C a r n a t i o n W y . R a p h a e l W y .

Daffodil Dr.

Larkspur Ln.

C e n t u r y B l v d .

H e n r i L n .

Pollock W
y.

Botticelli W
y. Berlanda Ln.

P r i m r o s e D r .

W
estgate Dr.

K e t t l e m a n L n / H w y 1 2
Low
er Sacram
ento Rd.

Exhibit A
Lower Sacramento Road Street Improvements
Century Blvd to 510 ft North of Century Blvd
(Benjamin Apartment Complex)
Vicinity Map
Benjamin
Apartment
Complex
K:\WP\DEV_SERV\Developments\Residential\Century 2525 W\Improvement Agreement\References\CCExhibitA.mxd µ
0 330 660165
Feet
Lower Sacramento Road
Street Improvements

RESOLUTION NO. 2022-____

A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE

CITY MANAGER TO EXECUTE AN IMPROVEMENT AGREEMENT FOR THE

LOWER SACRAMENTO ROAD STREET IMPROVEMENTS
(CENTURY BOULEVARD TO 510 FEET NORTH OF CENTURY BOULEVARD) (BENJAMIN APARTMENT COMPLEX)
============================================================================

WHEREAS, C Note LP (Developer) has sub mitted multiple building permit applications (including No. B2020- 2871) to construct an apartment complex on the property locat ed at 2525 West Century Boulevard; and

WHEREAS, the public improvements being constructed as part of the Benjamin Ap artment Complex include the installation of street improvem ents along the portion of Lower Sacramento Road fronting the apartment complex; and

WHEREAS, Developer has furnished the City with public improvement plans, ne cessary agreements, guarantees, insurance certificates, and the required fees for the proposed project; and

WHEREAS, Development Impact Fees will be collected as part of the building permit process, prior to issuing a certificate of occupancy; and

WHEREAS, staff recommends authorizing the City Manager to execute an Improvement Agreement for the Lower Sacramento Road Street Improvements (Century Boulevard to 510 feet north of Century Boulevard) (Benjamin Apartment Complex).

NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute an Improvement Agreement for the Lower Sacramento Road Street Improvements (Century Boulevard to 510 feet n orth of Century Boulevard) (Benjamin Apartment Complex); 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: April 6, 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 April 6, 2022 by the following vote:

AYES: COUNCIL MEMBERS –

NOES: COUNCIL MEMBERS –

ABSENT: COUNCIL MEMBERS –

ABSTAIN: COUNCIL MEMBERS –

PAMELA M. FARRIS
Assistant City Clerk

2022-____
AGENDA ITEM C-13

COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Adopt Resolution Appointing Olivia Nashed to the Position of City Clerk Pursuant to Government Code section 54957, and Approving the Related Employment Agreement M
EETING DATE: April 6, 2022
P
REPARED BY: Mayor
RE
COMMENDED ACTION: Adopt resolution appointing Olivia Nashed to the position of City Clerk pursuant to Government Code section 54957, and approving the related employment agreement.

B
ACKGROUND INFORMATION: Pursuant to City Council direction provided at the March 16, 2022, special meeting, attached is the draft employment agreement with Olivia Nashed to be employed as the City Clerk for the City of Lodi. It is anticipated that Ms. Nashed will begin employment on April 11, 2022.

F
ISCAL IMPACT: The employment agreement reflects an annual salary of $132,831.59.

F
UNDING AVAILABLE: No cost in excess of the current budget. _________________________________

Mark Chandler
Mayor
CIry CLERK EMPLOYMENT AGREEMENT
This Agreement is made and entered into as of April _, 2022, by and between the City of Lodi, a municipal corporation, hereinafter called "City" and Olivia Nashed, hereinafter called "Employee," both of whom agree as follows:

RECITALS:

It is the desire of the City to retain the services of Employee and to provide inducement for her to remain in such employment, make possible full work productivity by assuring Employee's morale and peace of mind with respect to future security, and to provide a just means for terminating Employee's services.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows:

1. GENERAL:

City agrees to employ Employee as the City Clerk of City starting April 1 1, 2Q22 and Employee agrees to perform the functions and duties the City Council shall from time to time assign to her.

Employee is strongly encouraged to work towards the Certified Municipal Clerk and the Master Municipal Clerk designations from the lnternational lnstitute of Municipal Clerks and remain actively involved in her professional association.

2. DUTIES & AUTHORITY:

Employee will
(a) Perform the functions and duties of a City Clerk as specified in the California Government Code, City Ordinances, Resolutions, Rules and Regulations and other state and local statutes;
(b) Perform all legally permissible and proper duties and functions as the City Council shall assign. Such duties may be modified from time to time upon such terms as are mutually agreeable to City and Employee;
(c) Be responsible for managing and directing the operations of the City Clerk's office in accordance with an agreed upon performance plan;
(d) Attend City Council meetings as needed by the City Council; and (e) Perform the functions and duties of the City Clerk to the best of her ability in accordance with the highest professional and ethical standards of the profession and shall comply with all general rules and regulations established by the City.

City Clerk Employrnent Agreement

3. EXCLUSIVE EMPLOYMENT:
(a) Employee has the duty and herein commits to devote her full time and energies in the best interest of the City, and to act in accordance with the duties and responsibilities of the position of City Clerk as set forth above.
(b) Employee shall not accept employment from or on behalf of any person, firm, corporation or entity during the term of this Agreement except as approved in writing by the City Council. The foregoing shall not be construed to prevent Employee from performing volunteer community service, provided Employee shall, prior to performing such services, disclose such anticipated services to the City Council and obtain its approval. Any approved outside services shall not create nor tend to create a disqualifying conflict of interest as defined by the California Political Reform Act of 1974, as amended, nor shall such services impair Employee's ability to fully perform her duties for City hereunder.

4. EMPLOYEECOMMITMENTS:
(a) Specific Tasks and Work Plans - Employee agrees to accomplish specific tasks as specified and described by the City Council from time to time in a timely and professional manner. Such specific tasks shall be discussed with Employee and then adopted by motion by the City Council as frequently as the City Council may choose. (b) Hours of Work Employee is an exempt employee who does not accrue compensatory time off, but is expected to engage in those hours of work which are necessary to fulfill the obligations of her position. Employee does not have set hours of work as she is expected to be available at all times. lt is recognized that Employee must devote a great deal of her time outside "normal office hours" to the business of the City, and to that end Employee's schedule of work each day and week shall vary in accordance with the work required to be performed. The Employee has discretion as to her work schedule.

5. GITY COMMITMENTS
(a) City shall provide Employee with an office, support staff, office equipment, supplies, and all other facilities and services adequate for the performance of her duties. (b) City shall pay for, or provide, Employee reimbursement of actual business expenses.

The City shall provide Employee with a City credit card to charge appropriate and lawful business expenses up to the amount provided for in the City budget. (c) City shall pay such professional dues, subscriptions, and memberships in such organizations necessary for Employee to maintain professional relationships in appropriate national, regional, state and local associations and organizations necessary and desirable for her continued professional groMh and advancement and benefit to the City.
(d) City agrees to pay travel and subsistence expenses of Employee to pursue official and other functions for the City, and meetings and occasions to continue the professional development of Employee, including but not limited to Annual Conferences of the League of California Cities and other national, regional, state, and local conferences,

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City Clerk Employrnent Agreement
and governmental groups and committees upon which Employee serves as a member up to an amount provided for in the City budget-

6. MUTUAL COMMITMENTS:

Performance Evaluation - Annual performance evaluations are an important way for the City Council and Employee to ensure effective communications about expectations and performance. The City Council recognizes that for Employee to respond to their needs and to grow in the performance of her job, she needs to know how the City Council Members think she is performing. To assure Employee gets this feedback, the City Council commits to:
(a) Conduct an evaluation of Employee's performance at least annually, or on any other schedule deemed appropriate by the City Council. The City Council may use an outside facilitator to assist them in conducting this evaluation. (b) The annual review and evaluation shall be in accordance with specific criteria developed jointly by the City Council and Employee. Such criteria may be added to or deleted as the City Council may from time to time determine in consultation with Employee.
(c) The City Council and Employee shall define such goals and performance objectives which they determine necessary for the proper operation of the City for the attainment of the City Council's policy objectives. The City Council and Employee shall further establish a relative priority among those various goals and objectives.

7. COMPENSATION
City agrees to provide the following compensation to Employee during the term of the Agreement:
(a) Base Salary - Employee shall be paid an annual salary of $132,831.59 per year, which sum may be adjusted from time to time as provided in this Agreement by action of the City Council, payable in twenty-six (26) equal installments in the same manner as City department heads.
(b) The City shall pay all traditional employer costs required by law, including but not limited to: FICA, Medicare, Unemployment Compensation, and Workers' Compensation.
(c) Future annual adjustments to Employee's salary shall be set by City Council action City may not reduce salary or benefits provided by this Agreement unless:
(i) it does so on a Citywide (all employees) basis, and then in no greater percentage than the average reduction of all City employees, or
(ii) it does so after providing Employee with a written negative performance evaluation that provides direction and opportunity for improvement prior to any action to reduce salary or benefits.

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City Clerk Employrnent Agreement

8. AUTOMOBILE:

Employee shall not be provided an automobile or automobile allowance. Employee shall be reimbursed for travel expenses in accordance with City's travel policies.

9. GENERAL EXPENSES:

Employee shall also be reimbursed
incurred in the course and scope
reimbursement policies.
for reasonable out-of-pocket expenses
employment in accordance with City
by City
of her

10. BASIG BENEFITS:
(a) Holidays - Employee shall receive 36 floating hours of paid leave (pro-rated for calendar year 2022) and nine and one half (9 %) paid fixed holidays per year credited in the same manner as all other City employees.
(b) Vacation Leave - Employee will receive a bank of forty (40) hours of vacation leave concurrent with her start date that can only be used during Employee's first 12-months of Employment. Employee will receive paid vacation leave in increments of 3.08 hours per pay period, increasing as provided in the City of Lodi Executive Management Statement of Benefits, dated 2012, as amended from time to time by resolution of the City Council ("Executive Statement of Benefits"). Upon termination or resignation of employment, Employee or those entitled to her estate, shall receive a lump sum payment for unused or accumulated vacation time to her credit at her rate of pay as of her date of termination.
(c) Sick Leave - Employee shall be granted ninety-six (96) hours of sick leave per year which will accrue at a rate of 3.70 hours per pay period with no limit on the amount that can be accumulated.
(d) Administrative Leave - Employee shall be granted eighty (80) hours of administrative leave per calendar year (pro-rated for calendar year 2022). Employee may cash out up to eighty (80) hours of Administrative Leave, as provided under the Executive Statement of Benefits. Upon termination or resignation of employment, Employee or those entitled to her estate, shall receive a lump sum payment for unused or accumulated administrative leave to her credit at her rate of pay as of her date of termination.
(e) Deferred Compensation: Employee may participate in the City's Deferred Compensation plan. The City will match up to a percentage equal to the highest amount provided to any bargaining group (currently 3% of base salary). (f) Other terms and conditions - Except as otherwise provided herein, all provisions of the City of Lodi Municipal Code, official policies and regulations and rules of the City relating to disability, incapacity, vacation, holidays, retirement systems contributions, and other fringe benefits and working conditions as they now exist or hereafter may be amended also shall apply to Employee as they would to other executive management employees of City in addition to said benefits set out in this Agreement.

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City Clerk Employment Agreement

11.INSURANCE:
(a) Medical lnsurance: Employee shall receive vision insurance, dental insurance, long term disability, chiropractic insurance, and any other similar benefit which may be made available to Employee by the City as outlined in the Executive Statement of Benefits. The Statement of Benefits or Council Resolution(s) describe(s) these benefits and any applicable deductibles.

Employee and qualified dependents are eligible to participate in the City's sponsored medical insurance as offered through CaIPERS, or other medical plan offered by the City. Effective January 1, 2022, the City will contribute a maximum towards the monthly medical premium based on qualifying tier ($1,794.51 for Family coverage, $1,380.39 for Employee+1, and $690.17 for Employee only). lf Employee selects a higher cost medical plan, Employee will pay the difference as a payroll deduction. lf Employee elects not to be covered by medical insurance through the City, an additional $692.81 per month for Family or $532.92 for Employee+1 or $305.22 for a Single employee, will be added to either the Employee's deferred compensation account or paid in cash. ln order to qualify for this 'cash-out' provision, proof of group insurance coverage must be provided to the City. (b) Life Insurance: Employee shall receive Life lnsurance as provided in the Executive Statement of Benefits.

12. RETIREMENT:

City is a full member of the Public Employees Retirement System (PERS) to which City agrees to contribute to Employee's retirement account the total amount required by it.

Employee shall contribute Employee's contribution to the membership contract with PERS for each pay period for Employee's membership (Classic or PEPRA). ln addition, in accordance with California Government Code section 20516 contract amendment process requirements, Employee shall pay six percent (6%) towards the employer's share of the CaIPERS normal pension cost through a cost-sharing agreement.

13. SEPARATION
(a) Resignation ln the event Employee terminates this Agreement by voluntary resignation of her position with the City, Employee shall not be entitled to severance pay otherwise provided in Paragraph 14 of this Agreement. ln the event Employee voluntarily resigns her position with City, she shall give City at least forty-five (45) days advance written notice and shall be entitled to all earned salary and all earned, accrued, and unused leave (vacation, sick, administrative, and holiday) in the manner as all other City employees.
(b) Termination & Removal - The City Council may remove Employee with or without cause, by a majority vote of its members. Notice of termination shall be provided to Employee in writing. Any such notice of termination shall be given at a noticed meeting of the City Council. Employee shall not be removed during the first 120 days following any change in membership of the City Council, except upon four-fifths vote of the City Council. Given the at-will nature of the position of City Clerk, an important element of the employment Agreement pertains to termination. lt is in both the City's

Page 5 ends

City Clerk Employrnent Agreement
interest and that of Employee that separation of Employee be done in a businesslike manner

14. TERMINI\TION AND SEVERANCE:
ln the event Employee is terminated by the City Council, City agrees to pay to Employee a lump sum cash payment equal to six (6) months salary and to continue to pay Employee's health insurance benefits on the same terms set forth in Paragraph 1 1(a) of this Agreement for six (6) months from the Employee's date of termination. ln all cases such payments shall be subject to all rules and regulations governing income tax withholding.

However, notwithstanding the above, if Employee is terminated due to retirement, insubordination, incapacity, dereliction of duty, conviction of a crime involving acts of moral turpitude or involving personal gain to her, or a breach of this Agreement, City shall have no obligation to pay any severance provided in this Paragraph 14. ln the event Employee is convicted of a crime involving abuse of her office or position, as described in Paragraph 19, Employee shall reimburse City for any severance pay paid to Employee under this Paragraph 14.

15. EMPLOYMENT TERM:
(a) Employee is an "at will" employee and shall serve at the pleasure of the City Council. (b) Except as provided in Paragraph 14, nothing in this Agreement shall prevent, limit or otherwise interfere with the rights of the City Council to terminate the services of Employee.
(c) Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Employee to resign at any time from her position as City Clerk, subject only to the provisions set forth in Paragraph 13 of this Agreement.

16. AUTHORITY TO WORK IN THE UNITED STATES:

Employee represents, under penalty of perjury, that she is authorized to work in the United States. ln accordance with S274A (8 USC 1324) of the lmmigration Reform and Control Act of 1986, before this Agreement can become effective, Employee must provide documentary evidence to City consistent with the Act, that she is legally entitled to work in the United States, and must execute the verification required by that Act.

17. MODIFIGATIONS:

No modification of this Agreement shall be valid unless said modification is in writing and signed by the party to be charged.

18. CONFLICT OF INTEREST:

Because of the duties and role of Employee on behalf of the City and its citizenry, Employee shall not, during the term of this Agreement, individually, as a partner, joint venturer, officer or shareholder, invest or participate in any business venture conducting business in the corporate limits of City, except for stock ownership in any company whose capital stock is publicly held and regularly traded, without the prior approval of the City Council.

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City Clerk Employrrent Agreement
Employee shall also be subject to the conflict of interest provisions of the California Government Code and any conflict of interest code applicable to her City employment.

Employee is responsible for submitting to the City Clerk the Appropriate Conflict of lnterest Statements at the time of appointment, annually thereafter, and at the time of separation from the position.

19. INDEMNIFICATION:
ln accordance with and subject to the provisions of California's Government Claims Act (Government Code $825 et seq.), and any other applicable law, City shall defend, indemnify, and hold harmless Employee in any civil action against and for all losses sustained by Employee in direct consequence of the discharge of her duties on the City's behalf for the period of her employment. City shall defend, indemnify, and hold harmless Employee against any tort, professional liability claim or demand or other civil legal action, whether groundless or othenruise, arising out of an alleged act or omission occurring in the performance of her duties as City Clerk. City may compromise and settle any such claim or suit and pay the amount of any settlement or judgment rendered thereon. Whenever Employee shall be sued for damages arising out of the performance of her duties, the City may provide defense counsel for Employee in such suit and indemnify her from any judgment rendered against her; provided that such indemnity shall not extend to any judgment for damages arising out of any willful wrongdoing. Said indemnification shall extend beyond termination of employment and the othenvise expiration of this Agreement to provide protection for any such acts undertaken or committed in her capacity as City Clerk, regardless of whether the notice of filing of a lawsuit occurs during or following employment with the City.

20. ABUSE OF OFFIGE:

Any severance payments or cash settlement paid in relation to the termination of this Agreement, pursuant to Paragraph 14, and any legal criminal defense payments made by the City in the defense of Employee, if any, are subject to, and shall be interpreted to comply with, the limitations set forth in Government Code section 53260, concerning the maximum cash settlement in an employment contract, and Government Code sections 53243 through 53243.4, limiting and/or restricting payment or continued retention of severance payments and/or legal criminal defense payments should Employee be convicted of a crime involving an abuse of office or position. "Abuse of office or position" for purposes of this Agreement, shall be as defined in Government Code section 53243.4 which provides: "'abuse of office or position' means either of the following: (a) An abuse of public authority, including, but not limited to, waste, fraud, and violation of the law under color of authority. (b) A crime against public justice, including, but not limited to, a crime described in Title 5 (commencing with Section 67) or Title 7 (commencing with Section 92) of Part 1 of the Penal Code."

21. ATTORNEY'S FEES:
lf either of the parties hereto brings any action or proceeding against the other, including but not limited to, an action to enforce or to declare the termination, cancellation or revision of the Agreement, the prevailing party in such action or proceedings shall be entitled to receive from the other party all reasonable attorney's fees and costs, incurred in connection therewith. In the event either party shall initiate any suit, action, or appeal on

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City Clerk Employrnent Agreement
any matter related to this Agreement, then the court before whom such suit, action, or appeal is taken shall award to the prevailing party such attorney's fees as the court shall deem reasonable, and such award and all allowable costs of the event may be either added to or deducted from the balance due under this Agreement or be a separate obligation as appropriate.

22. SEVERABILITY:
lf any provision or any portion of any provision of this Agreement is held to be unconstitutional, invalid, or unenforceable, the remainder of this Agreement, or portion hereof, shall be deemed severable and shall not be affected, but shall remain in full force and effect.

23. INTEGRATED AGREEMENT:

This writing contains the entire agreement between the parties and all prior or contemporaneous agreements, understandings or discussions relative to this Agreement are hereby superseded.

24. JURISDICTION AND VENUE:

This Agreement shall be construed in accordance with the laws of the State of California and the parties hereto agree that venue shall be in Lodi, San Joaquin County, California.

25. NOTIGES:

All written notices required pursuant to this agreement shall be delivered to: City Clerk, P.O. Box 3006, Lodi, CA 95241 or City Hall,221West Pine Street, Lodi, CA 95240; and Olivia Nashed, c/o City Hall,221West Pine Street, Lodi, CA 95240.

26. EXEGUTION:
lN WITNESS WHEREOF, the City Council of the City of Lodi has caused this Agreement to be signed and executed on its behalf by the Mayor, and Employee has signed and executed this Agreement as of the day and year first above written.

CITY OF LODI, a municipal corporation: EMPLOYEE:
6 z*,ee22_By
Mark Chandler
Mayor
Olivia Nashed
Approved as to Form:Attest:

Pamela M. Farris
Assistant City Clerk
Janice D. Magdich
City Attorney

Page 8 ends

RESOLUTION NO. 2022-____

A RESOLUTION OF THE LODI CITY COUNCIL

APPOINTING OLIVIA NASHED TO THE POSITION

OF CITY CLERK PURSUANT TO GOVERNMENT
CODE SECTION 54957, AND APPROVING

EMPLOYMENT SERVICES AGREEMENT
EFFECTIVE APRIL 6, 2022

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

NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby appoint Olivia Nashed to the position of City Clerk for the City of Lodi; and

BE IT FURTHER RESOLVED that the City Council does hereby appr ove the Employment Agreement (attached hereto as Exhibit A), effective April 6, 2022.

Dated: April 6, 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 April 6, 2022, by the following vote:

AYES: COUNCIL MEMBERS –

NOES: COUNCIL MEMBERS –

ABSENT: COUNCIL MEMBERS –

ABSTAIN: COUNCIL MEMBERS –

PAMELA M. FARRIS
Assistant City Clerk

2022-______
CIry CLERK EMPLOYMENT AGREEMENT
This Agreement is made and entered into as of April _, 2022, by and between the City of Lodi, a municipal corporation, hereinafter called "City" and Olivia Nashed, hereinafter called "Employee," both of whom agree as follows:

RECITALS:

It is the desire of the City to retain the services of Employee and to provide inducement for her to remain in such employment, make possible full work productivity by assuring Employee's morale and peace of mind with respect to future security, and to provide a just means for terminating Employee's services.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows:

1. GENERAL:

City agrees to employ Employee as the City Clerk of City starting April 1 1, 2Q22 and Employee agrees to perform the functions and duties the City Council shall from time to time assign to her.

Employee is strongly encouraged to work towards the Certified Municipal Clerk and the Master Municipal Clerk designations from the lnternational lnstitute of Municipal Clerks and remain actively involved in her professional association.

2. DUTIES & AUTHORITY:

Employee will
(a) Perform the functions and duties of a City Clerk as specified in the California Government Code, City Ordinances, Resolutions, Rules and Regulations and other state and local statutes;
(b) Perform all legally permissible and proper duties and functions as the City Council shall assign. Such duties may be modified from time to time upon such terms as are mutually agreeable to City and Employee;
(c) Be responsible for managing and directing the operations of the City Clerk's office in accordance with an agreed upon performance plan;
(d) Attend City Council meetings as needed by the City Council; and (e) Perform the functions and duties of the City Clerk to the best of her ability in accordance with the highest professional and ethical standards of the profession and shall comply with all general rules and regulations established by the City.

Exhibit A
City Clerk Employrnent Agreement

3. EXCLUSIVE EMPLOYMENT:
(a) Employee has the duty and herein commits to devote her full time and energies in the best interest of the City, and to act in accordance with the duties and responsibilities of the position of City Clerk as set forth above.
(b) Employee shall not accept employment from or on behalf of any person, firm, corporation or entity during the term of this Agreement except as approved in writing by the City Council. The foregoing shall not be construed to prevent Employee from performing volunteer community service, provided Employee shall, prior to performing such services, disclose such anticipated services to the City Council and obtain its approval. Any approved outside services shall not create nor tend to create a disqualifying conflict of interest as defined by the California Political Reform Act of 1974, as amended, nor shall such services impair Employee's ability to fully perform her duties for City hereunder.

4. EMPLOYEECOMMITMENTS:
(a) Specific Tasks and Work Plans - Employee agrees to accomplish specific tasks as specified and described by the City Council from time to time in a timely and professional manner. Such specific tasks shall be discussed with Employee and then adopted by motion by the City Council as frequently as the City Council may choose. (b) Hours of Work Employee is an exempt employee who does not accrue compensatory time off, but is expected to engage in those hours of work which are necessary to fulfill the obligations of her position. Employee does not have set hours of work as she is expected to be available at all times. lt is recognized that Employee must devote a great deal of her time outside "normal office hours" to the business of the City, and to that end Employee's schedule of work each day and week shall vary in accordance with the work required to be performed. The Employee has discretion as to her work schedule.

5. GITY COMMITMENTS
(a) City shall provide Employee with an office, support staff, office equipment, supplies, and all other facilities and services adequate for the performance of her duties. (b) City shall pay for, or provide, Employee reimbursement of actual business expenses.

The City shall provide Employee with a City credit card to charge appropriate and lawful business expenses up to the amount provided for in the City budget. (c) City shall pay such professional dues, subscriptions, and memberships in such organizations necessary for Employee to maintain professional relationships in appropriate national, regional, state and local associations and organizations necessary and desirable for her continued professional groMh and advancement and benefit to the City.
(d) City agrees to pay travel and subsistence expenses of Employee to pursue official and other functions for the City, and meetings and occasions to continue the professional development of Employee, including but not limited to Annual Conferences of the League of California Cities and other national, regional, state, and local conferences,

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City Clerk Employrnent Agreement
and governmental groups and committees upon which Employee serves as a member up to an amount provided for in the City budget-

6. MUTUAL COMMITMENTS:

Performance Evaluation - Annual performance evaluations are an important way for the City Council and Employee to ensure effective communications about expectations and performance. The City Council recognizes that for Employee to respond to their needs and to grow in the performance of her job, she needs to know how the City Council Members think she is performing. To assure Employee gets this feedback, the City Council commits to:
(a) Conduct an evaluation of Employee's performance at least annually, or on any other schedule deemed appropriate by the City Council. The City Council may use an outside facilitator to assist them in conducting this evaluation. (b) The annual review and evaluation shall be in accordance with specific criteria developed jointly by the City Council and Employee. Such criteria may be added to or deleted as the City Council may from time to time determine in consultation with Employee.
(c) The City Council and Employee shall define such goals and performance objectives which they determine necessary for the proper operation of the City for the attainment of the City Council's policy objectives. The City Council and Employee shall further establish a relative priority among those various goals and objectives.

7. COMPENSATION
City agrees to provide the following compensation to Employee during the term of the Agreement:
(a) Base Salary - Employee shall be paid an annual salary of $132,831.59 per year, which sum may be adjusted from time to time as provided in this Agreement by action of the City Council, payable in twenty-six (26) equal installments in the same manner as City department heads.
(b) The City shall pay all traditional employer costs required by law, including but not limited to: FICA, Medicare, Unemployment Compensation, and Workers' Compensation.
(c) Future annual adjustments to Employee's salary shall be set by City Council action City may not reduce salary or benefits provided by this Agreement unless:
(i) it does so on a Citywide (all employees) basis, and then in no greater percentage than the average reduction of all City employees, or
(ii) it does so after providing Employee with a written negative performance evaluation that provides direction and opportunity for improvement prior to any action to reduce salary or benefits.

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City Clerk Employrnent Agreement

8. AUTOMOBILE:

Employee shall not be provided an automobile or automobile allowance. Employee shall be reimbursed for travel expenses in accordance with City's travel policies.

9. GENERAL EXPENSES:

Employee shall also be reimbursed
incurred in the course and scope
reimbursement policies.
for reasonable out-of-pocket expenses
employment in accordance with City
by City
of her

10. BASIG BENEFITS:
(a) Holidays - Employee shall receive 36 floating hours of paid leave (pro-rated for calendar year 2022) and nine and one half (9 %) paid fixed holidays per year credited in the same manner as all other City employees.
(b) Vacation Leave - Employee will receive a bank of forty (40) hours of vacation leave concurrent with her start date that can only be used during Employee's first 12-months of Employment. Employee will receive paid vacation leave in increments of 3.08 hours per pay period, increasing as provided in the City of Lodi Executive Management Statement of Benefits, dated 2012, as amended from time to time by resolution of the City Council ("Executive Statement of Benefits"). Upon termination or resignation of employment, Employee or those entitled to her estate, shall receive a lump sum payment for unused or accumulated vacation time to her credit at her rate of pay as of her date of termination.
(c) Sick Leave - Employee shall be granted ninety-six (96) hours of sick leave per year which will accrue at a rate of 3.70 hours per pay period with no limit on the amount that can be accumulated.
(d) Administrative Leave - Employee shall be granted eighty (80) hours of administrative leave per calendar year (pro-rated for calendar year 2022). Employee may cash out up to eighty (80) hours of Administrative Leave, as provided under the Executive Statement of Benefits. Upon termination or resignation of employment, Employee or those entitled to her estate, shall receive a lump sum payment for unused or accumulated administrative leave to her credit at her rate of pay as of her date of termination.
(e) Deferred Compensation: Employee may participate in the City's Deferred Compensation plan. The City will match up to a percentage equal to the highest amount provided to any bargaining group (currently 3% of base salary). (f) Other terms and conditions - Except as otherwise provided herein, all provisions of the City of Lodi Municipal Code, official policies and regulations and rules of the City relating to disability, incapacity, vacation, holidays, retirement systems contributions, and other fringe benefits and working conditions as they now exist or hereafter may be amended also shall apply to Employee as they would to other executive management employees of City in addition to said benefits set out in this Agreement.

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City Clerk Employment Agreement

11.INSURANCE:
(a) Medical lnsurance: Employee shall receive vision insurance, dental insurance, long term disability, chiropractic insurance, and any other similar benefit which may be made available to Employee by the City as outlined in the Executive Statement of Benefits. The Statement of Benefits or Council Resolution(s) describe(s) these benefits and any applicable deductibles.

Employee and qualified dependents are eligible to participate in the City's sponsored medical insurance as offered through CaIPERS, or other medical plan offered by the City. Effective January 1, 2022, the City will contribute a maximum towards the monthly medical premium based on qualifying tier ($1,794.51 for Family coverage, $1,380.39 for Employee+1, and $690.17 for Employee only). lf Employee selects a higher cost medical plan, Employee will pay the difference as a payroll deduction. lf Employee elects not to be covered by medical insurance through the City, an additional $692.81 per month for Family or $532.92 for Employee+1 or $305.22 for a Single employee, will be added to either the Employee's deferred compensation account or paid in cash. ln order to qualify for this 'cash-out' provision, proof of group insurance coverage must be provided to the City. (b) Life Insurance: Employee shall receive Life lnsurance as provided in the Executive Statement of Benefits.

12. RETIREMENT:

City is a full member of the Public Employees Retirement System (PERS) to which City agrees to contribute to Employee's retirement account the total amount required by it.

Employee shall contribute Employee's contribution to the membership contract with PERS for each pay period for Employee's membership (Classic or PEPRA). ln addition, in accordance with California Government Code section 20516 contract amendment process requirements, Employee shall pay six percent (6%) towards the employer's share of the CaIPERS normal pension cost through a cost-sharing agreement.

13. SEPARATION
(a) Resignation ln the event Employee terminates this Agreement by voluntary resignation of her position with the City, Employee shall not be entitled to severance pay otherwise provided in Paragraph 14 of this Agreement. ln the event Employee voluntarily resigns her position with City, she shall give City at least forty-five (45) days advance written notice and shall be entitled to all earned salary and all earned, accrued, and unused leave (vacation, sick, administrative, and holiday) in the manner as all other City employees.
(b) Termination & Removal - The City Council may remove Employee with or without cause, by a majority vote of its members. Notice of termination shall be provided to Employee in writing. Any such notice of termination shall be given at a noticed meeting of the City Council. Employee shall not be removed during the first 120 days following any change in membership of the City Council, except upon four-fifths vote of the City Council. Given the at-will nature of the position of City Clerk, an important element of the employment Agreement pertains to termination. lt is in both the City's

Page 5 ends

City Clerk Employrnent Agreement
interest and that of Employee that separation of Employee be done in a businesslike manner

14. TERMINI\TION AND SEVERANCE:
ln the event Employee is terminated by the City Council, City agrees to pay to Employee a lump sum cash payment equal to six (6) months salary and to continue to pay Employee's health insurance benefits on the same terms set forth in Paragraph 1 1(a) of this Agreement for six (6) months from the Employee's date of termination. ln all cases such payments shall be subject to all rules and regulations governing income tax withholding.

However, notwithstanding the above, if Employee is terminated due to retirement, insubordination, incapacity, dereliction of duty, conviction of a crime involving acts of moral turpitude or involving personal gain to her, or a breach of this Agreement, City shall have no obligation to pay any severance provided in this Paragraph 14. ln the event Employee is convicted of a crime involving abuse of her office or position, as described in Paragraph 19, Employee shall reimburse City for any severance pay paid to Employee under this Paragraph 14.

15. EMPLOYMENT TERM:
(a) Employee is an "at will" employee and shall serve at the pleasure of the City Council. (b) Except as provided in Paragraph 14, nothing in this Agreement shall prevent, limit or otherwise interfere with the rights of the City Council to terminate the services of Employee.
(c) Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Employee to resign at any time from her position as City Clerk, subject only to the provisions set forth in Paragraph 13 of this Agreement.

16. AUTHORITY TO WORK IN THE UNITED STATES:

Employee represents, under penalty of perjury, that she is authorized to work in the United States. ln accordance with S274A (8 USC 1324) of the lmmigration Reform and Control Act of 1986, before this Agreement can become effective, Employee must provide documentary evidence to City consistent with the Act, that she is legally entitled to work in the United States, and must execute the verification required by that Act.

17. MODIFIGATIONS:

No modification of this Agreement shall be valid unless said modification is in writing and signed by the party to be charged.

18. CONFLICT OF INTEREST:

Because of the duties and role of Employee on behalf of the City and its citizenry, Employee shall not, during the term of this Agreement, individually, as a partner, joint venturer, officer or shareholder, invest or participate in any business venture conducting business in the corporate limits of City, except for stock ownership in any company whose capital stock is publicly held and regularly traded, without the prior approval of the City Council.

Page 6 ends

City Clerk Employrrent Agreement
Employee shall also be subject to the conflict of interest provisions of the California Government Code and any conflict of interest code applicable to her City employment.

Employee is responsible for submitting to the City Clerk the Appropriate Conflict of lnterest Statements at the time of appointment, annually thereafter, and at the time of separation from the position.

19. INDEMNIFICATION:
ln accordance with and subject to the provisions of California's Government Claims Act (Government Code $825 et seq.), and any other applicable law, City shall defend, indemnify, and hold harmless Employee in any civil action against and for all losses sustained by Employee in direct consequence of the discharge of her duties on the City's behalf for the period of her employment. City shall defend, indemnify, and hold harmless Employee against any tort, professional liability claim or demand or other civil legal action, whether groundless or othenruise, arising out of an alleged act or omission occurring in the performance of her duties as City Clerk. City may compromise and settle any such claim or suit and pay the amount of any settlement or judgment rendered thereon. Whenever Employee shall be sued for damages arising out of the performance of her duties, the City may provide defense counsel for Employee in such suit and indemnify her from any judgment rendered against her; provided that such indemnity shall not extend to any judgment for damages arising out of any willful wrongdoing. Said indemnification shall extend beyond termination of employment and the othenvise expiration of this Agreement to provide protection for any such acts undertaken or committed in her capacity as City Clerk, regardless of whether the notice of filing of a lawsuit occurs during or following employment with the City.

20. ABUSE OF OFFIGE:

Any severance payments or cash settlement paid in relation to the termination of this Agreement, pursuant to Paragraph 14, and any legal criminal defense payments made by the City in the defense of Employee, if any, are subject to, and shall be interpreted to comply with, the limitations set forth in Government Code section 53260, concerning the maximum cash settlement in an employment contract, and Government Code sections 53243 through 53243.4, limiting and/or restricting payment or continued retention of severance payments and/or legal criminal defense payments should Employee be convicted of a crime involving an abuse of office or position. "Abuse of office or position" for purposes of this Agreement, shall be as defined in Government Code section 53243.4 which provides: "'abuse of office or position' means either of the following: (a) An abuse of public authority, including, but not limited to, waste, fraud, and violation of the law under color of authority. (b) A crime against public justice, including, but not limited to, a crime described in Title 5 (commencing with Section 67) or Title 7 (commencing with Section 92) of Part 1 of the Penal Code."

21. ATTORNEY'S FEES:
lf either of the parties hereto brings any action or proceeding against the other, including but not limited to, an action to enforce or to declare the termination, cancellation or revision of the Agreement, the prevailing party in such action or proceedings shall be entitled to receive from the other party all reasonable attorney's fees and costs, incurred in connection therewith. In the event either party shall initiate any suit, action, or appeal on

Page 7 of 8 ends

City Clerk Employrnent Agreement
any matter related to this Agreement, then the court before whom such suit, action, or appeal is taken shall award to the prevailing party such attorney's fees as the court shall deem reasonable, and such award and all allowable costs of the event may be either added to or deducted from the balance due under this Agreement or be a separate obligation as appropriate.

22. SEVERABILITY:
lf any provision or any portion of any provision of this Agreement is held to be unconstitutional, invalid, or unenforceable, the remainder of this Agreement, or portion hereof, shall be deemed severable and shall not be affected, but shall remain in full force and effect.

23. INTEGRATED AGREEMENT:

This writing contains the entire agreement between the parties and all prior or contemporaneous agreements, understandings or discussions relative to this Agreement are hereby superseded.

24. JURISDICTION AND VENUE:

This Agreement shall be construed in accordance with the laws of the State of California and the parties hereto agree that venue shall be in Lodi, San Joaquin County, California.

25. NOTIGES:

All written notices required pursuant to this agreement shall be delivered to: City Clerk, P.O. Box 3006, Lodi, CA 95241 or City Hall,221West Pine Street, Lodi, CA 95240; and Olivia Nashed, c/o City Hall,221West Pine Street, Lodi, CA 95240.

26. EXEGUTION:
lN WITNESS WHEREOF, the City Council of the City of Lodi has caused this Agreement to be signed and executed on its behalf by the Mayor, and Employee has signed and executed this Agreement as of the day and year first above written.

CITY OF LODI, a municipal corporation: EMPLOYEE:
6 z*,ee22_By
Mark Chandler
Mayor
Olivia Nashed
Approved as to Form:Attest:

Pamela M. Farris
Assistant City Clerk
Janice D. Magdich
City Attorney

Page 8 ends

AGENDA ITEM C-14

COUNCIL COMMUNICATION
APPROVED: ________________________________
Stephen Schwabauer, City Manager
\\cvcfilv02\pubwks$\WP\COUNCIL\2022\CC_ LCTOP Grant FY 21-22 DRAFT 3.21.docx 3/21/20223/21/20223/21/2022 AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Funding Documents with the California Department of Transportation for Allocation of Fiscal Year 2021/22 Low Carbon Transit Operations Program Funds
M
EETING DATE: April 6, 2022
P
REPARED BY: Public Works Director
RE
COMMENDED ACTION: Adopt resolution authorizing City Manager to execute funding documents with the California Department of Transportation for allocation of Fiscal Year 2021 /22 Low Carbon Transit Operations Program funds.

B
ACKGROUND INFORMATION: The Low Carbon Transit Operations Program (LCTOP) is one of several State funding programs that are part of the Transit, Affordable Housing, and Sustainable Communities Program established by the California Legislature in 2014. The LCTOP was created to provide operating and capital funding for transit agencies to reduce greenhouse gas emissions and improve mobility, with a priority on serving designated Disadvantaged Communities.

T
he LCTOP is administered by California Department of Transportation in coordination with California Air Resources Board and the State Controller’s Office. Funds are distributed based on prior use of State Transit Assistance funds with 50 percent to the regional agencies, in our case, San Joaquin Council of Governments (SJCOG), and the other 50 percent to local transit operators. For the Fiscal Year 2021/22 LCTOP funding cycle, the City is eligible to receive $14,981 in a direct allocation as a transit operator. In addition, SJCOG’s regional allocation of $2,343,715 will be a llocated among transit providers, with Lodi receiving $10 7,455.

This provides the City with a total LCTOP allocation of $122,436.

T
he Transit Division plans to apply for this years’ allocation to continue the highly successful free student fare program, which was launched on August 1, 2019 using Fiscal Year 2018/19 LCTOP funds, and is being maintained presently using Fiscal Year 2019/20 LCTOP funds. As of February 2022, 82,719 trips have been provided for K -12 students, with the Lodi GrapeLine currently providing on average approximately 1,100 student trips on a weekly basis. This number is projected to grow, as ridership continues to recover to pre-COVID19 levels. The free K-12 student ride program is well received by the community, as it provides an economical and safe transportation option for Lodi’s youth. Award of Fiscal Year 2021/22 LCTOP funds will ensure continued operation of the program.

Adopt Resolution Authorizing City Manager to Execute Funding Documents with the California Department of Transportation for A llocation of Fiscal Year 2021/22 Low Carbon Transit Operations Program Funds
April 6, 2022

Page 2 ends

In order to complete the application process and receive LCTOP funds, the City is required to submit several supporting documents which are required to be approved by the City Council:

1. An “Authorized Agent” form to designate the City Manager, and/or designee, as signatory on any documents associated with obtaining and managing LCTOP funds.

2. The “Certification and Assurances,” which contain general conditions of the LCTOP program as well as some additional cost principles and record retention requirements that are standard for other State-funded projects.

3. Project Allocation form acknowledgi ng Lodi as the Lead Agency and SJCOG as the Contributing Sponsor of LCTOP funds.

4. A Resolution adopted by Council approving all of the submittals on behalf of the LCTOP program.

FISCAL IMPACT: $122,436 in LCTOP funds will be additional revenue to offset fares. There is no matching requirement and there is no impact to the General Fund. All interest accrued for these funds must also be applied to the project.

FUNDING AVAILABLE: Staff anticipates receiving $122 ,436 in LCTOP funds for use over the next year beginning in Fiscal Year 2022/23.

_______________________________
Charles E. Swimley, Jr.

Public Works Director

CES/FH/jb
Attachments

FY 2021-2022 LCTOP
Authorized Agent

AS THE Click here to enter text.
(Chief Executive Officer/Director/President/Secretary)
OF THE Click here to enter text.
(Name of County/City/Transit Organization)

I hereby authorize the following individual(s) to execute for and on behalf of the named Regional Entity/Transit Operator, any actions necessary for the purpose of obtaining Low Carbon Transit Operations Program (LCTOP) funds provided by the California Department of Transportation, Division of Rail and Mass Transportation. I understand that if there is a change in the authorized agent, the project sponsor must submit a new form. This form is required even when the authorized agent is the executive authority himself. I understand the Board must provide a resolution approving the Authorized Agent. The Board Resolution appointing the Authorized Agent is attached.

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(Name and Title of Authorized Agent)
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(Name and Title of Authorized Agent)
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(Name and Title of Authorized Agent)
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(Name and Title of Authorized Agent)

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(Print Name) (Title)

(Signature)

Approved this Choose an item. day of Choose an item. , Click

FY 2021-2022 LCTOP
Certifications and Assurances
Lead Agency: Lead Agency
Project Title: Project Title
Prepared by: Prepared by

The California Department of Transportation (Caltrans) has adopted the following Certifications and Assurances for the Low Carbon Transit Operations Program (LCTOP).

As a condition of the receipt of LCTOP funds, Lead Agency must comply with these terms and conditions.

A. General

1. The Lead Agency agrees to abide by the current LCTOP Guidelines and applicable legal requirements.

2. The Lead Agency must submit to Caltrans a signed Authorized Agent form designating the representative who can submit documents on behalf of the project sponsor and a copy of the board resolution appointing the Authorized Agent.

B. Project Administration

1. The Lead Agency certifies that required environmental documentation is complete before requesting an allocation of LCTOP funds. The Lead Agency assures that projects approved for LCTOP funding comply with Public Resources Code § 21100 and § 21150.

2. The Lead Agency certifies that a dedicated bank account for LCTOP funds only will be established within 30 days of receipt of LCTOP funds.

3. The Lead Agency certifies that when LCTOP funds are used for a transit capital project, that the project will be completed and remain in operation for its useful life.

4. The Lead Agency certifies that it has the legal, financial, and technical capacity to carry out the project, including the safety and security aspects of that project.

5. The Lead Agency certifies that they will notify Caltrans of pending litigation, dispute, or negative audit findings related to the project, before receiving an allocation of funds.

6. The Lead Agency must maintain satisfactory continuing control over the use of project equipment and facilities and will adequately maintain project equipment and facilities for the useful life of the project.

7. Any interest the Lead Agency earns on LCTOP funds must be used only on approved LCTOP projects.

8. The Lead Agency must notify Caltrans of any changes to the approved project with a Corrective Action Plan (CAP).

FY 2021-2022 LCTOP

9. Under extraordinary circumstances, a Lead Agency may terminate a project prior to completion. In the event the Lead Agency terminates a project prior to completion, the Lead Agency must (1) contact Caltrans in writing and follow-up with a phone call verifying receipt of such notice; (2) pursuant to verification, submit a final report indicating the reason for the termination and demonstrating the expended funds were used on the intended purpose; (3) submit a request to reassign the funds to a new project within 180 days of termination.

C. Reporting

1. The Lead Agency must submit the following LCTOP reports:
a. Annual Project Activity Reports October 28
th each year.

b. A Close Out Report within six months of project completion.

c. The annual audit required under the Transportation Development Act (TDA), to verify receipt and appropriate expenditure of LCTOP funds. A copy of the audit report must be submitted to Caltrans within six months of the close of the year (December 31) each year in which LCTOP funds have been received or expended.

d. Project Outcome Reporting as defined by CARB Funding Guidelines.

e. Jobs Reporting as defined by CARB Funding Guidelines.

2. Other Reporting Requirements: CARB develops and revises Funding Guidelines that will include reporting requirements for all State agencies that receive appropriations from the Greenhouse Gas Reduction Fund. Caltrans and project sponsors will need to submit reporting information in accordance with CARB’s Funding Guidelines, including reporting on greenhouse gas reductions and benefits to disadvantaged communities.

D.

Cost Principles

1. The Lead Agency agrees to comply with Title 2 of the Code of Federal Regulations 225 (2 CFR 225), Cost Principles for State and Local Government, and 2 CFR, Part 200, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments.

2. The Lead Agency agrees, and will assure that its contractors and subcontractors will be obligated to agree, that:
a. Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allow ability of individual project cost items and

b. Those parties shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. Every sub-recipient receiving LCTOP funds as a contractor or sub-contractor shall comply with

FY 2021-2022 LCTOP
Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments.

3. Any project cost for which the Lead Agency has received funds that are determined by subsequent audit to be unallowable under 2 CFR 225, 48 CFR, Chapter 1, Part 31 or 2 CFR, Part 200, are subject to repayment by the Lead Agency to the State of California (State). All projects must reduce greenhouse gas emissions, as required under Public Resources Code section 75230, and any project that fails to reduce greenhouse gases shall also have its project costs submit to repayment by the Lead Agency to the State. Should the Lead Agency fail to reimburse moneys due to the State within thirty (30) days of demand, or within such other period as may be agreed in writing between the Parties hereto, the State is authorized to intercept and withhold future payments due the Lead Agency from the State or any third-party source, including but not limited to, the State Treasurer and the State Controller.

A.

Record Retention

1. The Lead Agency agrees and will assure that its contractors and subcontractors shall establish and maintain an accounting system and records that properly accumulate and segregate incurred project costs and matching funds by line item for the project. The accounting system of the Lead Agency, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles (GAAP) and enable the determination of incurred costs at interim points of completion. All accounting records and other supporting papers of the Lead Agency, its contractors and subcontractors connected with LCTOP funding shall be maintained for a minimum of three (3) years after the “Project Closeout” report or final Phase 2 report is submitted (per ARB Funding Guidelines, Vol. 3, page 3.A-16), and shall be held open to inspection, copying, and audit by representatives of the State and the California State Auditor. Copies thereof will be furnished by the Lead Agency, its contractors, and subcontractors upon receipt of any request made by the State or its agents. In conducting an audit of the costs claimed, the State will rely to the maximum extent possible on any prior audit of the Lead Agency pursuant to the provisions of federal and State law. In the absence of such an audit, any acceptable audit work performed by the Lead Agency’s external and internal auditors may be relied upon and used by the State when planning and conducting additional audits.

2. For the purpose of determining compliance with Title 21, California Code of Regulations, Section 2500 et seq., when applicable, and other matters connected with the performance of the Lead Agency’s contracts with third parties pursuant to Government Code § 8546.7, the project sponsor, its contractors and subcontractors and the State shall each maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts. All of the above referenced parties shall make such materials available at their respective offices at all reasonable times

FY 2021-2022 LCTOP
during the entire project period and for three (3) years from the date of final payment.

The State, the California State Auditor, or any duly authorized representative of the State, shall each have access to any books, records, and documents that are pertinent to a project for audits, examinations, excerpts, and transactions, and the Lead Agency shall furnish copies thereof if requested.

3. The Lead Agency, its contractors and subcontractors will permit access to all records of employment, employment advertisements, employment application forms, and other pertinent data and records by the State Fair Employment Practices and Housing Commission, or any other agency of the State of California designated by the State, for the purpose of any investigation to ascertain compliance with this document.

F. Special Situations
Caltrans may perform an audit and/or request detailed project information of the project sponsor’s LCTOP funded projects at Caltrans’ discretion at any time prior to the completion of the LCTOP.

I certify all of these conditions will be met.

Print Authorized Agents Name. Print Authorized Agents Name. (Print Authorized Agent) (Title)

(Signature) (Date)

RESOLUTION NO. 2022-____

A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE

CITY MANAGER TO EXECUTE CERTIFICATIONS AND ASSURANCES AND

AUTHORIZED AGENT FORMS FOR THE LOW CARBON TRANSIT
OPERATIONS PROGRAM (LCTOP) FOR THE FOLLOWING PROJECT:

FREE STUDENT FARE PROGRAM
========================================================================

WHEREAS, the City of Lodi is an eligible project sponsor and may receive State funding from the Low Carbon Transit Operations Program (LCTOP) for transit projects; and

WHEREAS, the statutes related to State-funded transit projects require a local or regional implementing agency to abide by various regulations; and

WHEREAS, Senate Bill 862 (2014) named the California Department of Transportation (Caltrans) as the administrative agency for the LCTOP; and

WHEREAS, Caltrans has developed guidelines for the purpose of administering and distributing LCTOP funds to eligible project sponsors (local agencies); and

WHEREAS, the City of Lodi wishes to delegate authorization to execute these documents and any amendments thereto to Stephen Schwabauer, City Manager; and

WHEREAS, the City of Lodi wishes to implement the LCTOP project(s) listed.

NOW, THEREFORE, BE IT RESOLVED by the Lodi City Council that the fund recipient agrees to comply with all conditions and requirements set forth in the Certification and Assurances and the Authorized Agent documents and applicable statutes, regulations , and guidelines for all LCTOP funded transit projects; and

BE IT FURTHER RESOLVED t hat Stephen Schwabauer, City Manager, be authorized to execute all required documents of the LCTOP program and any Amendments thereto with the California Department of Transportation; and

BE IT FURTHER RESOLVED that the Lodi City Cou ncil does hereby authorize the submittal of the following project nomination(s) and allocation request(s) to Caltrans in FY 2021- 2022 LCTOP funds:

Project Name: Free Student Fare Program
Amount of LCTOP funds requested: $122,436
Project Description: Provide free transit fares for students in underserved areas of Lodi to encourage and increase ridership on the fixed route transit system.

Benefit to Priority Populations: Free transportation to schools, activity centers, youth clubs, and recreation activities.

Contributing Sponsors: San Joaquin Council of Governments

Dated: April 6, 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 April 6, 2022, by the following vote:

AYES: COUNCIL MEMBERS –

NOES: COUNCIL MEMBERS –

ABSENT: COUNCIL MEMBERS –

ABSTAIN: COUNCIL MEMBERS –

PAMELA M. FARRIS
Assistant City Clerk
2022-____
AGE NDA ITEM C-15

COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Adopt Resolution Authorizing City Manager to Process Payment to League of California Cities for 2022 Membership Dues ($20,859)
M
EETING DATE: April 6, 2022
P
REPARED BY: City Manager
RE
COMMENDED ACTION: Adopt resolution authorizing City Manager to process payment to League of California Cities for 2022 membership dues in the amount of $20,859.

BACKGROUND INFORMATION: The League of California Cities has been shaping California’s political landscape since the association was founded in 1898. Cal Cities offers education and training programs designed to keep city officials up to date about new developments in their field and exchange solutions to common challenges facing cities. As Members, the City of Lodi has access to unmatched advocacy, timely communication about the latest policy issues and legislative developments, the chance to shape statewide policy, and access to cutting-edge professional development opportunities
The membership dues for calendar year 2022 is $20,859 based on Lodi’s official population of 68,751.

F
ISCAL IMPACT: Not to exceed $20,859.

F
UNDING: FY Budget 2021-22 10095000.72309
____________________
___________________
Andrew Keys
Deputy City Manager/Internal Services Director
___________ ____________________________
Stephen Schwabauer
City Manager

RESOLUTION NO. 2022-__

A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE

CITY MANAGER TO PROCESS PAYMENT TO
LEAGUE OF CALIFORNIA CITIES FOR 2022 MEMBERSHIP DUES

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

WHEREAS, the City of Lodi is a member of the League of California Cities; and

WHEREAS, the League of California Cities has been shaping California’s political landscape since the association was founded in 1898. Cal Cities offers education and training programs designed to keep city officials up to date about new developments in their field and exchange solutions to common challenges facing cities ; and

WHEREAS, as a member, the City of Lodi has access to unmatched advocacy, timely communication about the latest policy issues and legislative developments, the chance to shape statewide policy, and access to cutting -edge professional development opportunities; and

WHEREAS, the membership dues for calendar year 2022 in the amount of $20,859 is based on Lodi’s official population of 68,751.

NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to process payment to the League of California Cities for the 2022 Membership Dues in an amount not to exceed $20,859.

Dated: April 6, 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 April 6, 2022 by the following votes:

AYES: COUNCIL MEMBERS –

NOES: COUNCIL MEMBERS –

ABSENT: COUNCIL MEMBERS –

ABSTAIN: COUNCIL MEMBERS –

PAMELA M. FARRIS
Assistant City Clerk

2022-_____
AGENDA ITEM C-16

COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Adopt Resolution Authorizing Destruction of Certain Citywide Records in Accordance with the Government Code and the City’s Records Management Policy M
EETING DATE: April 6, 2022
P
REPARED BY: City Clerk
RE
COMMENDED ACTION: Adopt resolution authorizing the destruction of certain Citywide records in accordance with the Government Code and the City’s Records Management Policy.

B
ACKGROUND INFORMATION: Section 34090 of the California Government Code provides for the destruction of certain City records with the approval of the legislative body by resolution and the written consent of the City Attorney. The C
ity Clerk’s office coordinated and compiled a listing of citywide records to be destroyed from the various departments pursuant to the City’s Records Management Program and Policy (2007), which specifically provides for the annual destruction of said records in accordance with the Secretary of State’s Records Retention Guidelines.

FISCAL IMPACT: Not applicable.

FUNDING AVAILABLE: Not applicable.
_______________________________

Pamela M. Farris
Assistant City Clerk
Attachments

RESOLUTION NO. 2022-____

A RESOLUTION OF THE LODI CITY

COUNCIL AUTHORIZING DESTRUCTION

OF CERTAIN CITYWIDE RECORDS

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

WHEREAS, in accordance with Government Code Section 34090, the City Clerk and City Attorney have filed written consent to the destruction of certain Citywide records as specifically set forth in the attached inventory marked as Exhibit A , and thereby made a part hereof.

NOW, THEREFORE, BE IT RESOLVED by the Lodi City Council that:

1. The records heretofore identified are no longer required.

2. The Lodi City Council finds that the City Clerk and City Attorney have given written consent to the destruction of the records inventoried on Exhibit A attached hereto and the dest ruction of those records is hereby authorized.

Dated: April 6, 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 April 6 , 2022, by the following vote:

AYES: COUNCIL MEMBERS –

NOES: COUNCIL MEMBERS –

ABSENT: COUNCIL MEMBERS –

ABSTAIN: COUNCIL MEMBERS –

PAMELA M. FARRIS
Assistant City Clerk

2022-____
Exhibit A

AGENDA ITEM C-17

COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Set a Public Hearing for April 20, 2022 to Consider an Ordinance Amending the Lodi Municipal Code to Revise Title 9 – Public Peace, Morals and Welfare, Chapter 9.18, “Vending on Street, Sidewalks and Private Property,” Section 9.18.045 – Permit Caps to Replace Static Caps on the Number of Motorized Food Preparation Units and Produce/Seafood Trucks with Variable Caps Based on the Population of Lodi M
EETING DATE: April 6, 2022
P
REPARED BY: Community Development Director
RE
COMMENDED ACTION: Set a public hearing for April 20, 2022 to consider an Ordinance Amending the Lodi Municipal Code to r evise Title 9– Public Peace, Morals and Welfare, Chapter 9.18, “Vending on Street, Sidewalks and Private Property,” Section 9.18.045 – Permit Caps to replace static caps on the number of Motorized Food Preparation Units and Produce/Seafood Trucks with variable caps based on the population of Lodi.

B
ACKGROUND INFORMATION: The Lodi Municipal Code, which includes regulations for “food trucks,” currently imposes strict limits on the number of permits which can be issued for “motorized food preparation units” and “produce/seafood trucks” (referred to generally as “food trucks” in this report). Without a permit, a food truck cannot operate legally in Lodi.

T
he permit caps have not been changed since the City first adopted the current regulations in 2009, limiting “motorized food preparation units” to 22 and “produce/seafood trucks” to 3. All of the available permits have been issued.

T
he City has been approached by additional food truck operators who would like to obtain a permit to operate in Lodi in response to increased demand for this service. Staff has prepared proposed changes to the existing permit cap which would tie the number of permits to the population of Lodi, allowing the number of permits to increase over time to match the city’s population.

T
he changes proposed by staff would immediately increase the number of “motorized food preparation permits” to 25.

The number of “produce/seafood truck” permits would not increase. Future increases would be possible as the City’s population continues to grow.

F
ISCAL IMPACT: Not applicable.

F
UNDING AVAILABLE: Not applicable.
______________________________________

John R. Della Monica, Jr.

Community Development Director
AGENDA ITEM G-02

COUNCIL COMMUNICATION
APPROVED: ________________________________
Stephen Schwabauer, City Manager
\\cvcfilv02\pubwks$\WP\DEV_SERV\Community Facilities District 2007-1\Annexation No.13\C_PH_Annex_13.docx 3/23/2022 AGENDA TITLE: Public Hearing to Receive Input and Consider Adopting a Resolution Calling an Election to Submit to the Qualified Electors the Questions of Levying a Special Tax Within the Area Proposed to be Annexed to Community Facilities District No. 2007- 1 (Public Services) (Annexation No. 13); and a Resolution Declaring the Results of the Special Election and Ordering the Annexation of Territory to Community Facilities District No. 2007-1 (Public Services) (Annexation No. 13); and Introduce an Uncodified Ordinance Levying and Apportioning the Special Tax in Territory Annexed to Community Facilities District No. 2007-1 (Public Services) (Annexation No.13)
M
EETING DATE: April 6, 2022
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Public hearing to receive input and consider adopting a resolution calling an election to submit to the qualified electors the questions of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2007 -1 (Public Services) (Annexation No. 13); and a resolution declaring the results of the special election and ordering the annexation of territory to Community Facilities District No. 2007 -1 (Public Services) (Annexation No. 13); and introduce an uncodified ordinance levying and apportioning the special tax in territory annexed to Community Facilities District No. 2007-1 (Public Services) (Annexation No. 13). The other two parcels in the subdivision (APN 058- 130-21 and 058-130-22) are already part of the CFD 2007-1. The Lumina subdivision will have a total of 150 single family homes when it is fully developed.

BACKGROUND INFORMATION: The resolution, if adopted by the City Council, will culminate the process to annex one 10.32-acre parcel (to be subdivided into a total of 66 single family lots) into the City of Lodi Community Facilities District No. 2007-1 (Public Services) (CFD). The property is located south of Harney Lane and west of Stockton Street and is a portion of the larger Lumina subdivision.

The boundary of the annexation is shown in Attachment A and includes APN 058-130-25. Approved tentative map conditions required the private landowner to cooperate in the annexation of the parcel into the CFD, the purpose of which is to offset a portion of the costs caused by new developments.

T
he resolutions are provided in Attachment B that call for the annexation election and declare the election results. The uncodified ordinance is provided in Attachment C that levies and apportions the special tax within the territory to be annexed.

Public Hearing to Receive Input and Consider Adopting a Resolution Calling an Election to Submit to the Qualified Electors the Questions of Levying a Special Tax Within the Area Proposed to be Annexed to Community Facilities District No. 2007-1 (Public Services) (Annexation No. 13); and a Resolution Declaring the Results of the Special Election and Ordering the Annexation of Territory to Community Facilities District No. 2007-1 (Public Services) (Annexation No. 13); and Introduce an Uncodified Ordinance Levying and Apportioning the Special Tax in Territory Annexed to Community Facilities District No. 2007-1 (Public Services) (Annexation No.13) April 6, 2022

Page 2 ends

The public services to be funded by the CFD are described below.

(a) Police protection services, including, but not limited to, criminal justice services. However, criminal justice services shall be limited to providing services for jails, detention facilities, and juvenile halls.
(b) Fire protection and suppression services, and ambulance and paramedic services. (c) Maintenance of parks, parkways, public masonry wall, and open space. (d) Flood and storm protection services, including, but not limited to, the operation and maintenance of storm drainage systems, and sandstorm protection systems. (e) Services with respect to removal or remedial action for the cleanup of any hazardous substance released or threatened to be released into the environment.

The special tax formula entitled “Rate and Method of Apportionment, and Manner of Collection of Special Tax” is included in the resolution calling for the election contained in Attachment B. The special tax provides for an annual tax of $500 for single-family units (increased two percent per year) and $145 for multi-family units (increased two percent per year). Certain properties, such as governmental property and undeveloped property, are not subject to the special tax program. The special taxes may not be prepaid. The special tax shall be levied in perpetuity.

The City Clerk will open the election and then present the results of landowner ballots after adoption of the resolution calling for the election. Following this, the City Council will consider the resolution declaring the results of the election. The ordinance levying and apportioning the special tax will then be introduced.

FISCAL IMPACT: The public services and administration of the CFD shall be paid from the special taxes collected within the CFD. The developer has paid the City for all costs to establish the CFD. The estimated annual revenues at buildout of this project will amount to approximately $88,000.

FUNDING AVAILABLE: Not applicable.

________________________________________
Charles E. Swimley, Jr.

Public Works Director

CES/LC/cd
Attachments

cc: Lyman Chang, Deputy Public Works Director/City Engineer Janice D. Magdich, City Attorney
Andrew Keys, Deputy City Manager
Associate Engineer Kiriu
Junior Engineer Wiman
NorthStar Engineering Group
Attachment A

Attachment B

Attachment C

AGENDA ITEM H-01

COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Adopt Resolution Approving Salary Adjustment for Water and Wastewater Plant Operator Classifications
M
EETING DATE: April 6, 2022
P
REPARED BY: Human Resources Manager
RE
COMMENDED ACTION: Adopt resolution approving salary adjustments for Water and Wastewater Plant Operator classifications.

B
ACKGROUND INFORMATION: The Public Works Department has experienced severe difficulty attracting and retaining qualified applicants who possess the required state certifications and have the requisite knowledge, skills and abilities for the Water and Wastewater Plant Operator classifications.

T
he Public Works Department manages the White Slough Water Pollution Control Facility (White Slough) and the Surface Water Tre atment Plant (Water Plant) which are highly regulated by the State of California.

Employees who operate the Plants, Water and Wastewater Plant Operators, must possess state issued certifications after successfully completing hours of classroom instruction, testing and numerous hours of wor k under the supervision of qualified personnel. It is critical that employees meet these requirements to ensure the City meets the state’s standards and that water and wastewater is treated properly pursuant to state regulations.

R
esearch indicates the City’s compensation for the Operator positions are not competitive in the market. Among our comparable agencies, Lodi salaries are approximately three to twelve percent below market (average) and significantly below similar positions in surrounding Bay Area wastewater facilities. Previous efforts to recruit for the position of Wastewater Plant Operator III was unsuccessful and there has been a vacancy in the Department for over two years. With the recent resig nation of the Wastewater Operations Supervisor, the White Slough facility is down two staff members. Human Resources recently re-opened the Wastewater Plant Operator III and received two qualified applications; however, both applicants were no- shows to their scheduled interview.

Additionally, surrounding agencies have recently opened recruitments for similar Operator positions that pay substantially higher wages. Increasing the salaries in Lodi will help to retain our current staff, provide competitive wages, and attract qualified applicants for the current vacancies. Recent recruitments for the Water Plant Operator have also been challenging and staff experienced the same difficulty in attracting qualified applicants.

We were successful in hiring a Water Plant Operator during the last recruitment; however, we are concerned about retention of existing staff.

T
he Water and Wastewater Plant Operator salaries are benchmarked together and staff propose to apply the increase to both Water and Wastewater Plant Operator classifications. The City proposes to increase the base

salary of the Water Plant Operator II/III and the Wastewater Plant Operator I/II/III by ten percent (10%), and to increase the base salary of the Wastewater Operations Supervisor by twelve percent (12%).

The proposed salary adjustments have been discussed with AFSCME and they are in agreement with the proposed wage adjustments.

FISCAL IMPACT: At top step, the aggregate difference in base pay for all recommended salary adjustments is approximately $80,000 per year, if fully staffed.

FUNDING AVAILABLE: All additional costs will be absorbed within existing appropriations.

_______________________________________
Andrew Keys
Deputy City Manager/Internal Services Director

________________________________________
Adele Post
Human Resources Manager
RESOLUTION NO. 2022-____

A RESOLUTION OF THE LODI CITY COUNCIL

APPROVING SALARY ADJUSTMENT FOR

SPECIFIC CLASSIFICATIONS WITHIN THE

WATER AND WASTEWATER PLANT OPERATOR SERIES
========================================================================

NOW THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve the salary adjustment for specific classifications within the Water and Wastewater Plant Operator series; and

BE IT FURTHER RESOLVED that the new salary ranges for the Water Plant Operator II/III, Wastewater Plant Operator I/II/III, and the Wastewater Operators Supervisor are hereby approved and shall be as follows:

Classification Step 0 Step 1 Step 2 Step 3 Step 4
Water Plant Operator II $66,764.75 $70,103.08 $73,608.19 $77,288.57 $81,152.94 Water Plant Operator III $73,441.41 $77,113.34 $80,968.94 $85,017.49 $89,268.30 Wastewater Plant Operator I $60,693.61 $63,728.35 $66,914.69 $70,260.44 $73,773.50 Wastewater Plant Operator II $66,764.75 $70,103.08 $73,608.19 $77,288.57 $81,152.94 Wastewater Plant Operator III $73,441.41 $77,113.34 $80,968.94 $85,017.49 $89,268.30 Wastewater Operations
Supervisor
$86,026.64 $90,327.89 $94,844.34 $99,586.47 $104,565.90

Dated: April 6, 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 April 6, 2022, by the following vote:

AYES: COUNCIL MEMBERS –

NOES: COUNCIL MEMBERS –

ABSENT: COUNCIL MEMBERS –

ABSTAIN: COUNCIL MEMBERS –

PAMELA M. FARRIS
Assistant City Clerk

2022-____
AGENDA ITEM H-02

COUNCIL COMMUNICATION
APPR
OVED: _ _______________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Introduce Ordinance Amending Lodi Municipal Code Chapter 2.12 ”City Manager” by Repealing and Reenacting Section 2.12.060(T) “Powers and Duties Generally” and Amending Lodi Municipal Code Chapter 3.20 “Purchasing System,” by Repealing and Reenacting Section 3.20.045 “State and Local Agency Contracts”, Section 3.20.070 “Bidding”, 3.20.080 “Purchase Orders”, 3.20.100 “Formal Contract Procedure, and

3.20.110 “Open Market Procedure”
M
EETING DATE: April 6, 2022
P
REPARED BY: Andrew Keys, Deputy City Manager
RE
COMMENDED ACTION: Introduce ordinance amending Lodi Municipal Code Chapter 2.12 ”City Manager” by repealing and reenacting Section 2.12.060(T) “Powers and Duties Generally” and amending Lodi Municipal Code Chapter 3.20 “Purchasing System,” by repealing and reenacting Section 3.20.045 “State and Local Agency Contracts”, Section 3.20.070 “Bidding”, 3.20.080 “Purchase Orders”, 3.20.100 “Formal Contract Procedure, and 3.20.110 “Open Market Procedure”.

B
ACKGROUND INFORMATION: The City Manager currently has a contract authority of $20,000 for purchasing goods and services without advanced City Council approval.

This authority level was granted to the City Manager in section

2.12.060(T) of the Lodi Municipal Code by ordinance adopted in 2011. In this same section, Department Heads have contract authority from $10,000 to $15,000 as specifically listed.

A
t the time the $20,000 City Manager purchasing level was set, Lodi was on the lower end of granting purchasing authority to its City Manager in comparison to other local agencies its size. Since that time, Lodi has grown in terms of population and size of its budget and operations. Costs of goods and services have also increased rapidly, rendering the twenty thousand ( $20,000) threshold restrictive to conducting business. City Staff has reviewed comparable agency purchasing authority for City Manager’s multiple times since 2011 and at each time, Lodi’s City Manager had the least purchasing authority of any responding agency of comparable size. Many smaller cities grant their City Manager purchasing authority greater than the sixty thousand ($60,000) being requested.

T
he greater flexibility offered by increasing the City Manager’s purchasing authority will speed up the City’s ability to respond to service demands and department needs. A contract that must be publicly bid and awarded by the City Council can take 3 months or longer depending on complexity, ability to come to terms

with the vendor, available staff resources and timing of Council meeting dates relative to the recognition of the need for a new contrac t. A contract that requires City Manager approval only can be executed in a matter of one or two weeks and is subject primarily to the availability of the department, City Manager and the City’s legal staff to review the document to ensure the contract adequately protects the City’s interests. For similar reasons, Department Head authority is requested to increase to $30,000. Quarterly reporting obligations remain for purchases and for contracts entered into under these authority levels so City Council wi ll always be made aware of purchasing activity undertaken by all staff on a regular basis. To execute these change, amendments are necessary to section 2.12.060(T), 3.20.045, 3.20.100, and 3.20.110.

Additionally, staff is requesting to increase the informal bidding threshold from $2,500 to $10,000 for supplies and services. Currently, the City is required to obtain and record three bids for all purchases estimated to exceed $2,500. The additional effort to obtain bids, document bids, have that documentation reviewed by purchasing staff and housed within the City’s electronic records system exceeds the value of any savings achieved through bidding in most cases. This also takes resources in all departments away from service delivery. Staff is proposing to increase the informal bidding threshold to provide efficiencies in purchasing that will outweigh any minor increase in cost that may be seen through direct purchases of under $10,000. Strict provisions remain in the Municipal Code that prevent splitting of purchases, bids or contracts to avoid either the bidding or purchasing thresholds established. To execute this change, amendments are necessary to section

3.20.070, 3.20.080 and 3.20.110

Fiscal Impact: There is no fiscal impact for this item.

Funding Available: N/A

_______________________________________
Andrew Keys
Deputy City Manager/Internal Services Director

ORDINANCE NO. AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE CHAPER 2.12 – “CITY MANAGER” – BY REPEALING AND REENACTING SECTION 2.12.60, “POWERS AND DUTIES GENERALLY”, AND AMENDING LODI MUNICIPAL CODE CHAPTER 3.20 – “PURCHASING SYSTEM” – BY REPEALING AND REENACTING SECTION 3.20.045, “STATE AND LOCAL AGENCY CONTRACTS”, SECTION 3.20.070, “BIDDING”, SECTION 3.20.080, “PURCHASE ORDERS”, SECTION 3.20.100, “FORMAL CONTRACT PROCEDURE”, AND SECTION 3.20.110, “OPEN MARKET PROCEDURE” ======================================================================== BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS: SECTION 1. The Lodi Municipal Code Chapter 2.12 entitled “City Manager” is hereby repealed and reenacted in its entirety to read as follows: 2.12.060 - Powers and duties generally. The city manager shall be the administrative head of the city government under the direction and control of the council, except as otherwise provided by this code or other ordinance of the city. He shall be responsible to the city council for the efficient administration of all the affairs of the city which are under his control. In addition to the city manager's general powers as administrative head, and not as a limitation thereon, it is his duty and he shall have power: A. Enforcement of laws: To see that all laws and ordinances are duly enforced; B. Appointment, removal, etc., of certain officers: To employ, discipline or remove all heads of departments and all subordinate officers and employees of the city; to transfer employees from one department to another; and to consolidate or combine offices, positions, departments or units under his jurisdiction. Nothing contained in this subsection shall apply, however, to the city attorney, city clerk or city treasurer, each of whom shall be appointed and removed by the city council; C. Control over departments and appointive officers: To exercise control over all departments and divisions of the city government and over all appointive officers and employees thereof except as provided in this section; D. Attendance at council meetings: To attend all meetings of the council and its committees unless excused therefrom by the council or by the committee and except when his removal is under consideration by the council; E. Recommend ordinances: To recommend to the council for adoption such measures and ordinances as he deems necessary or expedient; F. Advice as to finances: To keep the city council at all times advised as to the financial conditions and needs of the city, and at least quarterly shall submit a financial report; G. Preparation of budget: To prepare the budget annually and submit it to the council and be responsible for its administration after adoption; H. Annual report: To prepare and submit to the council as of the end of the fiscal year a complete report on the finances and administrative activities of the city for the preceding year; I. Salary plan: To prepare and recommend to the city council a salary plan; J. Purchasing: To purchase all supplies for all of the departments or divisions thereof, and no expenditure shall be submitted or recommended to the city council except upon report or approval of the city manager; K. Investigation of city affairs: To make investigations into the affairs of the city or any department or division thereof or any contract, or the proper performance of any obligation running to the city; L. Investigation of complaints: To investigate all complaints in relation to all matters concerning the administration of the government of the city and in regard to the service maintained by public utilities in the city, and to see that all franchises, permits and privileges granted by the city are faithfully observed; M. Supervision of public buildings, parks, etc.: To exercise general supervision over all public buildings, public parks, streets and other public property which are under the control and jurisdiction of the city council; N. Organizational chart: To prepare and submit to the city council an organization chart showing the organization plan for all departments of the city government; O. Issue licenses and permits: To issue on behalf of the council all licenses and permits not otherwise provided for by ordinance; P. Public works construction: To superintend the construction of all public work done by the city; Q. Devotion of entire time to duties: To devote his entire time to the duties and interest of the city; R. Delegated duties: To perform such other duties and exercise such other powers as may be delegated by ordinance or motion of the city council; S. Political activity: The city manager shall not participate in any city political activities or politics; T. Contracts: To execute on behalf of the city, without city council approval, contracts, as defined in Lodi Municipal Code [Section] 3.20.015, in the amount of twenty sixty thousand dollars or less, and to delegate authority to subordinate officers and employees to execute contracts without city council or city manager approval contracts in the amount of fifteen thousand or less to the public works director or designee, fifteen thousand or less to the electric utility director or designee and tenthirty thousand dollars or less to all Directors or designeesother directors or designees. Nothing in this section shall allow departure from the other purchasing requirements of Chapter 3.20 of this code. For contracts of not less than ten thousandthirty nor greater than twenty sixty thousand the city manager shall quarterly prepare for the city council a report which includes a list of the contracts into which the city has entered during the previous three months. No contract shall be split into smaller segments to avoid the provisions of this subsection. (Government Code § 4526, Public Contract Code § 10359) SECTION 2. The Lodi Municipal Code Chapter 3.20 entitled “Purchasing System” is hereby amended to read as follows: Sections: 3.20.045 - State and local agency contracts. The bidding process described in this chapter may be waived when advantageous for the city and authorized by the city manager for purchase of supplies, equipment, or contractual services awarded in accordance with formally adopted bidding or negotiation procedures approved by the governing boards of other California public agencies. Purchases or contracts in excess of the City Manager’s contract authority as defined by Section 2.12.060(T) of this codetwenty thousand dollars shall require the approval of the city council. 3.20.070 - Bidding.Purchases of supplies, services, equipment, and the sale of personal property shall be by bid procedures pursuant to Sections 3.20.100 and 3.20.110. Bidding shall be dispensed with only (1) bid in cases of emergency as defined in this chapter, and therefore requires that an order be placed with the best available source of service or supply, (2) when the amount involved is less than two ten thousand five hundred dollars (but competitive quotes shall be obtained if it is in the city's best interest to do so), (3) when the commodity can be obtained from only one vendor, due to (a) product standardization by resolution of the city council, or (b) need for branded replacement parts or supplies for equipment of like brand; (4) when professional or technical requirements preclude competitive bidding, pursuant to Section 3.20.075 of this chapter, or (5) when the city council determines that the purchase or method of purchase would be in the best interests of the city. 3.20.080 - Purchase orders. Purchases of supplies and equipment in an amount of tentwo thousand five hundred dollars or more shall be made only by written contract or by purchase orders. Purchase orders should not be used to procure services, except as noted in Section 3.20.085. 3.20.100 - Formal contract procedure. Purchases of supplies, equipment, contractual services, public projects, and sales of personal property of an estimated value greater than twenty thousand dollarsthe City Manager’s contract authority as defined by Section 2.12.060(T) of this code shall follow the formal contract procedure: A. Specifications and plans shall be subject to review and approval by the city council prior to the solicitation of bids. B. The advertisement for bids will be conducted as provided for in the Government Code. C. Notice Inviting Bids. Notice inviting bids shall include a general description of the articles to be purchased or sold, or work to be performed, and shall state where bid forms and specifications may be secured and the time and place for opening of bids. 1. Published Notice. Notice inviting bids shall be published at least ten calendar days before the date of opening of the bids. Notice shall be published at least once in a newspaper of general circulation, printed and published in the city, or if there is none, it shall be posted in at least three public places in the city that have been designated by ordinance as the places for posting public notices. 2. Bidders' List. The purchasing officer shall also solicit sealed bids from all responsible prospective suppliers whose names are on the bidders' list. 3. Internet Posting. The purchasing officer may also advertise pending bids for purchases or sales on the city's web page. D. Bidder's Security. When required by law or deemed necessary by the purchasing officer, bidder's security may be prescribed in the notice inviting bids. Bidders shall be entitled to the return of their bid security; except that a successful bidder shall forfeit all or part of his or her bid security upon refusal or failure to execute the contract within ten days after the notice of award of contract has been mailed, unless the city is responsible for the delay. The city council may, on refusal or failure of the successful bidder to execute the contract, award it to the next lowest responsible bidder. Thereafter, if the city council awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the city to the difference between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder. E. Bid Opening Procedure. Sealed bids shall be submitted to the purchasing officer and shall be identified as bids on the envelope. Bids shall be opened in public at the time and place stated in the notice inviting bids. A tabulation of all bids received shall be available for public inspection during regular business hours for a period of not less than thirty calendar days after the bid opening. F. Rejection of Bids. In its discretion, the city council may reject any and all bids presented and, if it is in the city's best interest to do so, readvertise for bids. G. Award of Contracts. After evaluation of bids, contract shall be awarded by the city council to the lowest responsible bidder except as otherwise provided in this chapter. In determining the lowest responsible bid, considerations shall include but not be limited to such factors as (1) whether any portion of the state sales tax payable on the article which is the subject of the bid will be rebated to the city by reason of awarding such contract to a person or firm domiciled within the city, (2) total life-cycle costs, and/or (3) residual value. H. Tie Bids. If two or more bids received are for the same total amount or unit price, with quality, service, and factors considered in Section 3.20.100 (E) above, being equal and if the public interest will not permit the delay of readvertising for bids, the city council may accept the lowest bid determined by toss of a coin performed at a time as soon after the bid opening as is possible. I. Performance Bond. The city council shall have authority to require a performance bond before entering a contract in such amount as it shall find reasonably necessity to protect the best interests of the city. If the city council requires a performance bond, the form and amount of the bond shall be described in the bidding documents. 3.20.110 - Open market procedure. Purchases of supplies, equipment, contractual services and sales of personal property of an estimated value in the amount of the City Manager’s contract authority as defined by Section 2.12.060(T) of this code or less may be made in the open market without observing the formal contract procedure prescribed by Section 3.20.100.

A. Minimum Number of Informal Bids or Quotations. Open market purchases shall, wherever possible, be based on at least three informal bids or quotations, and shall be awarded to the lowest responsible bidder. B. Request for Quotations. The purchasing officer or purchasing authority shall solicit informal written bids or quotations from prospective vendors by written request, by telephone or by electronic data interchange. Quotations or informal bids shall be in writing for amounts greater than two ten thousand five hundred dollars. C. Quotations and written informal bids shall be submitted to the requestor, who shall keep a record of all quotations, bids, and open market orders for a period of one year after the submission of quotations or the placing of orders. This record, while so kept, shall be open to public inspection. D. The purchasing officer or purchasing authority may reject any and all informal bids, offers and quotations when, in his or her discretion, it shall be in the best interest of the city to do so. SECTION 3. No Conflict. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. SECTION 4. No Mandatory Duty of Care. This ordinance is not intended to and shall not be construed or given effect in a manner which imposes upon the City, or any officer or employee thereof, a mandatory duty of care toward persons or property within the City or outside of the City so as to provide a basis of civil liability for damages, except as otherwise imposed by law. SECTION 5. Severability. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application. To this end, the provisions of this ordinance are severable. The City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof. SECTION 6. Effective Date and Publication. This Ordinance shall take effect thirty (30) days after its adoption. In lieu of publication of the full text of the Ordinance within fifteen (15) days after its passage, a summary of the Ordinance may be published at least five (5) days prior to and fifteen (15) days after adoption by the City Council, and a certified copy shall be posted in the office of the City Clerk pursuant to Government Code section 36933(c)(1). Approved this ____day of _________, 2022 _________________________________________MARK CHANDLER Mayor Approved as to Form: _____________________________ JANICE MAGDICH City Attorney Attest: PAMELA M. FARRIS Assistant City Clerk ======================================================================== State of California County of San Joaquin I, Pamela M. Farris, Assistant City Clerk of the City of Lodi, do hereby certify that Ordinance No. was introduced at a regular meeting of the City Council od the City of Lodi held April 6, 2022, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held _____________, 2022, by the following vote: AYES: COUNCIL MEMBERS – NOES: COUNCIL MEMBERS – ABSENT: COUNCIL MEMBERS – ABSTAIN: COUNCIL MEMBERS – PAMELA M. FARRIS Assistant City Clerk 2022-__ AGENDA ITEM I-01

COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Adopt Ordinance No. 1995 Entitled, “An Ordinance of the Lodi City Council Amending Lodi Municipal Code Title 3 – Revenue and Finance – Chapter 3.20, ‘Purchasing System,’ by Repealing and Reenacting Section 3 .20.105, ‘Public Works Projects ,’ in Its Entirety to Provide Informal Bidding Procedures U nder the Uniform Public Construction Cost Accounting Act”
M
EETING DATE: April 6, 2022
P
REPARED BY: City Clerk
RE
COMMENDED ACTION: Motion waiving reading in full and (following reading by title) adopting the attached Ordinance No. 1995.

B
ACKGROUND INFORMATION: Ordinance No. 1995 entitled, “An Ordinance of the Lodi City Council Amending Lodi Municipal Code Title 3 – Revenue and Finance – Chapter

3.20, ‘Purchasing System,’ by Repealing and Reenacting Section 3.20.105, ‘Public Works Projects,’ in Its Entirety to Provide Informal Bidding Procedures Under the Uniform Public Construction Cost Accounting Act” was introduced at the regular City Council meeting of March 16, 2022.

ADOPTION: With the exception of urgency ordinances, no ordinance may be passed within five days of its introduction. Two readings are therefore required – one to introduce and a second to adopt the ordinance.

Ordinances may only be passed at a regular meeting or at an adjourned regular meeting; except for urgency ordinances, ordinances may not be passed at a special meeting. Id. All ordinances must be read in full either at the time of introduction or at the time of passage, unless a regular motion waiving further reading is adopted by a majority of all council persons present. Cal. Gov’t Code § 36934.

O
rdinances take effect 30 days after their final passage. Cal. Gov’t Code § 36937.

T
his ordinance has been approved as to form by the City Attorney.

FISCAL IMPACT: Not applicable.

FUNDING AVAILABLE: Not applicable.
_______________________________

Pamela M. Farris
Assistant City Clerk
Attachment
1 ORDINANCE NO. 1995

AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 3 – REVENUE AND FINANCE – CHAPTER 3.20, “PURCHASING SYSTEM,” BY REPEALING AND REENACTING SECTION 3.20.105, “PUBLIC WORKS PROJECTS,” IN ITS ENTIRETY TO PROVIDE INFORMAL BIDDING

PROCEDURES UNDER THE UNIFORM PUBLIC CONSTRUCTION COST

ACCOUNTING ACT

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

BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS:

SECTION 1. The Lodi Municipal Code Chapter 3.20 Purchasing System Section title list is repealed and reenacted in its entirety to read as follows:

Chapter 3.20 - PURCHASING SYSTEM

3.20.010 - Purpose.

3.20.015 - Definitions.

3.20.020 - Purchasing officer—Established.

3.20.030 - Purchasing officer—Powers.

3.20.040 - Delegation of purchasing authority.

3.20.045 - State and local agency contracts.

3.20.060 - Requisitions.

3.20.070 - Bidding.

3.20.075 - Professional/technical services contracts.

3.20.076 - Contract authority.

3.20.077 - Electronic hardware and software.

3.20.080 - Purchase orders.

3.20.085 - Professional services agreements.

3.20.090 - Use of unencumbered funds required.

3.20.095 - State and federal grants.

3.20.100 - Formal contract procedure.

3.20.105 - Public works projects – Informal Bidding Procedures.

3.20.106 - Local hire policy and apprenticeship.

3.20.110 - Open market procedure.

3.20.115 - Split transactions.

3.20.120 - Inspection and testing of purchases.

3.20.130 - Vehicle purchases and disposition exemption.

3.20.135 - Procurement cards.

3.20.140 - Restrictions.

3.20.150 - Penalty for violation.

SECTION 2. Lodi Municipal Code Chapter 3.20 Purchasing System, Section 3.20.105 “Public works projects.” is repealed and reenacted in its entirety to read as follows:

3.20.105 - Public works projects – Informal Bidding Procedures.

This Section is added to the Lodi Municipal Code to provide as follows:

A. Informal Bid Procedures. Public projects, as defined by the Public Construction Cost Accounting Act (Public Contract Code § § 22000, et seq.) and in accordance with the 2 limits listed in Section 22032 of the Public Contract Code, may be let to contract by informal procedures as set forth in Section 22032, et seq., of the Public Contract Code.

B. Contractor’s List. The agency shall co mply with the requirements of Public Contract Code Section 22034.

C. Notice Inviting Informal Bids. Where a public project is to be performed which is subject to the provisions of this Ordinance, a notice inviting informal bids shall be circulated using one or both of the following alternatives:

1. Notices inviting informal bids may be mailed, faxed, or emailed to all contractors for the category of work to be bid, as shown on the list developed in accordance with Section 3.20.105 (B).

2. Notices inviting informal bids may be mailed to all construction trade journals as specified by the California Uniform Construction Cost Accounting Commission in accordance with section 22036 of the Public Contract Code. Additional contractors and/or construction trade journals may be notified at the discretion of the department/agency soliciting bids, provided however:

If the product or service is proprietary in nature such that it can be obtained only from a certain contractor or contractors, the notice inviting informal bids may be sent exclusively to such contractor or contractors.

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

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

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

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

Approved this ___ day of ____, 2022

Mark Chandler
Mayor

3 Attest:

PAMELA M. FARRIS
Assistant City Clerk
======================================================================== State of California
County of San Joaquin, ss.

I, Pamela M. Farris , Assistant City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1995 was introduced at a regular meeting of the City Council of the City of Lodi held March 16, 2022, and was therefore passed, adopted, and ordered to pr int at a regular meeting of said Council held ______, 2022, by the following vote:

AYES: COUNCIL MEMBERS –

NOES: COUNCIL MEMBERS –

ABSENT: COUNCIL MEMBERS –

ABSTAIN: COUNCIL MEMBERS –

PAMELA M. FARRIS
Assistant City Clerk

Approved as to Form:

JANICE D. MAGDICH
City Attorney

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