Revised 10/2021 8/10/2022 9:40 AM
For information regarding this Agenda please contact:
Olivia Nashed
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, Lodi Professional Firefighters, Confidential General Services, Confidential Mid- Managers, Executive Managers, and Appointed Employees Pursuant to Government Code §54957.6 (CM)
b) Pending Litigation: Government Code §54956.9(a). One Case. City of Lodi v. Shell Oil Company, et al., San Joaquin County Superior Court, Case No. STK-CV-UETT-2020-9894; Judicial Council Coordination Proceeding 4435 – TCP Cases, San Bernardino County Superior Court, Case No. JCPSS4435/SCVSS12067 (CA)
c) Pending Litigation: Government Code §549569.9(a). One case. Northern California Power Agency, City of Santa Clara, City of Redding, City of Roseville v United States of America, Unites States Court of Claims, Case No. 14-817C (CA)
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
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: August 17, 2022
Time: Closed Session 6:30 p.m.
Regular Meeting 7:00 p.m.
CITY COUNCIL AGENDA
AUGUST 17, 2022
PAGE TWO
A. Call to Order / Roll Call
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 wi ll 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 July 15, 2022 through July 28, 2022 in the Total Amount of $23,772,578.71 (FIN)
C-2 Approve Minutes (CLK)
a) August 2, 2022 (Shirtsleeve Session)
Res. C-3 Adopt Resolution Authorizing City Manager to Waive Bid Process and Approve Purchase of Pipe- Hunter, Hydro-Excavator Trailer from Municipal Maintenance Equipment, Inc., of Sacramento, Utilizing H-GAC Contract ($118,080) (PW)
C-4 Approve Specifications and Authorize Advertisement for Bids for Grape Stake Repl acement Project – Phase 1 (PW)
C-5 Accept Improvements under Contract for 2022 Pavement Crack Seal Project (PW)
C-6 Accept Improvements under Contract for 2021/2022 Pavement Resurfacing Project (PW)
Res. C-7 Adopt Resolution Ratifying Expenses and Authorizing City Manager to Execute Professional Services Agreement with Woodard & Curran, Inc., of Walnut Creek, for Water Meter Phase 8 Installation and Main Replacement Project Engineering Services ($26,000) (PW)
Res. C-8 Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement with Quest Media & Supplies, Inc., a California Corporation, for System Support and Maintenance Plan of Video Surveillance Program ($95,000) (ISD)
Res. C-9 Adopt Resolution Authorizing City Manager to Execute Amendment No. 1 to Professional Services Agreement between City of Lodi and PlaceWorks, a Professional Consulting Firm, for Environmental Review Services for Proposed Vineyard Valley Project (CD)
Res. C-10 Adopt Resolution Authorizing City Manager to Execute Amendment No. 1 to Cooperative Agreement with State of California for Proposed State Route 99/Turner Road Interchange Improvements (PW)
Res. C-11 Adopt Resolution Authorizing City Manager to Execute Addendum to Cooperative Agreement with San Joaquin Council of Governments for Funding Allocation for Garfield Street Safe Route to School Project (PW)
C-12 Appoint Nancy St. Clair as a Greater Lodi Area Youth Commission Adult Advisor ; and Appoint Brian Campbell, Nick Dalebout, and Eve Melton to the Library Board of Trustees (CLK)
C-13 Accept the Notice of Draft Amendments to Conflict of Interest Code for the 2022 Calendar Year Pursuant to Government Code Section 87306.5 (CA)
Res. C-14 Adopt Resolution Ratifying Expenditure of $1.5 Million from General Operating Reserves Held at Northern California Power Agency for August 2022 Power Supply Costs (EU)
C-15 Receive Report Regarding Communication Opposing Senate Bill 932 (CLK)
C-16 Set Public Hearing for September 21, 2022 to Receive Comments on and Consider Accepting City of Lodi's Report on Water Quality Relative to Public Health Goals (PW)
CITY COUNCIL AGENDA
AUGUST 17, 2022
PAGE THREE
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 – None
H. Regular Calendar
H-1 Receive Direction from City Council on Dedicating Staff Time Towards Initiating Surplus Lands Act Process for Old Firehouse Located on Real Property Located at 114 North Main Street in Lodi for Purpose of Lease or Purchase (CM)
Ord. H-2 Introduce Ordinance Repealing and Reenacting Lodi Municipal Code Chapter 13.04, “Service Generally,” (Introduce) in its Entirety, Including Adding Section 13.04.030(F), “Temporary Payment Plan Provisions,” to Provide Res. Repayment Options for High Balance Delinquent Utility Accounts, and Adopt Resolution Approving Payment Plans Using Criteria Outlined in Proposed Section 13.04.030(F) Granted to Customers by Director of Finance from August 3, 2022 through Effective Date of Proposed Ordinance (ISD)
I. Ordinances – None
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.
______________________________
Olivia Nashed
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 Ameri cans 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 a nd at least 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 Olivia Nashed at (209) 333- 6702. Solicitudes de interpretación de idiomas deben ser recibidas por lo menos con 72 horas de anticipación a la reunión para ayudar a asegurar la disponibilidad. Llame a Olivia Nashed (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 C-01
COUNCIL COMMUNICATION
APPROVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Receive Register of Claims for July 15, 2022 through July 28, 2022 in the Total Amount of $23,772,578.71
MEETING DATE: August 17, 2022
PREPARED BY: Internal Services Director
RECOMMENDED ACTION: Receive the attached Register of Claims for $23,772,578.71.
BACKGROUND INFORMATION: Attached is the Register of Claims in the amount of $23,772,578.71 for July 15, 2022 through July 28, 2022. Also attached is Payroll in the amount of $2,015,066.85 through July 24, 2022.
FISCAL IMPACT: Not applicable.
FUNDING AVAILABLE: As per attached report.
_______________________________________
Andrew Keys
Deputy City Manager/Internal Services Director
City of Lodi Live v2020.3 8/1/2022 7:22:38 AM
Fund Fund Title Amount
100 General Fund $10,039,895.37
103 Measure L $2,224.53
104 American Rescue Plan $19,600.00
120 Library Fund $139,244.87
140 Expendable Trust $2,580.01
200 Parks Rec & Cultural Services $434,670.93
270 Comm Dev Special Rev Fund $259,734.34
301 Gas Tax-2105 2106 2107 $254,913.47
304 Gas Tax -2031 $856,399.00
350 H U D $19,966.00
355 GRANTS COMM. IMPR $13,100.00
432 Parks & Rec Capital $384,737.66
437 IMF Parks & Rec Facilities $30,039.94
500 Electric Utility Fund $8,477,778.09
501 Utility Outlay Reserve Fund $103.92
504 Public Benefits Fund $49,136.41
508 Environmental Compliance $146,156.00
530 Waste Water Utility Fund $882,174.91
531 Waste Wtr Util-Capital Outlay $249,870.00
560 Water Utility Fund $140,227.10
590 Central Plume $19,075.00
600 Dial-a-Ride/Transportation $380,911.76
643 Vehicle replacement PD $16,846.09
644 Vehicle replacement Fire $13,788.02
650 Internal Service/Equip Maint $218,205.68
655 Employee Benefits $51,242.61
660 General Liabilities $6,196.00
665 Worker's Comp Insurance $663,761.00
Total $23,772,578.71
AP Council Report Summary
7/15/2022-7/28/2022
City of Lodi Live v2020.3 8/1/2022 7:24:06 AM
Fund Description Amount
$923,269.99
$203,010.97
$21,309.53
$144,764.77
$2,557.30
$2,211.82
$41,452.98
$40,313.60
$375,212.78
$47,499.44
$158,055.33
$29,732.09
$8,749.26
$16,926.99
Report Total $2,015,066.85
560 Water Utility Fund
600 Dial-a-Ride/Transportation
650 Internal Service/Equip Maint
500 Electric Utility Fund
501 Utility Outlay Reserve Fund
530 Waste Water Utility Fund
214 LPD-OTS Grants
270 Comm Dev Special Rev Fund
301 Gas Tax-2105 2106 2107
120 Library Fund
200 Parks Rec & Cultural Services
206 Misc Grants
Council Report: Payroll
Pay Period: 7/24/2022
100 General Fund
103 Measure L
AGENDA ITEM
COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Approve Minutes
a) August 2, 2022 (Shirtsleeve Session)
M
EETING DATE: August 17, 2022
P
REPARED BY: City Clerk
RE
COMMENDED ACTION: Approve the following minutes as prepared:
a) August 2, 2022 (Shirtsleeve Session)
B
ACKGROUND INFORMATION: Attached is a copy of the subject minutes marked Exhibit A.
FISCAL IMPACT: Not applicable.
FUNDING AVAILABLE: Not applicable.
_______________________________
Olivia Nashed
City Clerk
Attachments
C-02
LODI CITY COUNCIL
SHIRTSLEEVE SESSION
CARNEGIE FORUM, 305 WEST PINE STREET
TUESDAY, AUGUST 2, 2022
An Informal Informational Meeting ("Shirtsleeve" Session) of the Lodi City Council was held Tuesday, August 2, 2022, commencing at 7:01 a.m.
Present: Council Member Khan, Council Member Nakanishi, Mayor Pro Tempore Hothi, and Mayor Chandler
Absent: Council Member Kuehne
Also Present: City Manager Schwabauer, City Attorney Magdich, and City Clerk Nashed Councilmember Kuehne joined the meeting at 7:07 a.m.
Business Development Manager Astrida Trupovnieks introduced Bill Nantt of Tree Lodi. Mr. Nantt introduced members of the Tree Lodi Program and provided a PowerPoint presentation the Lodi Shade Tree Pilot Program. Specific topics of discussion included the proposal, goals, research team, budget, promotion, implementation, process, popularity, suspension of program, lessons learned, and mission accomplished.
None.
No action was taken by the City Council. The meeting was adjourned at 7:19 a.m.
A. Call to Order / Roll Call
B. Topics
B-1 Receive Presentation of Tree Lodi ’s First Year Pilot Program Accomplishments (EU) 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:
Olivia Nashed
City Clerk
1 Exhibit A
AGENDA ITEM C-03
COUNCIL COMMUNICATION
APPROVED: _________________________________
Stephen Schwabauer, City Manager
\\pw
adc02\msc$\GROUP\ADMIN\Council\2022\08172022\MME Pipe-Hunter\CC_Pipe-Hunter_AR.doc 8/3/2022 AGENDA TITLE: Adopt Resolution Authorizing City Manager to Waive Bid Process and Approve Purchase of Pipe-Hunter, Hydro-Excavator Trailer from Municipal Maintenance Equipment, Inc., of Sacramento, Utilizing H-GAC Contract ($118,080) M
EETING DATE: August 17, 2022
P
REPARED BY: Public Works Director
RE
COMMENDED ACTION: Adopt resolution authorizing City Manager to waive bid process and approve purchase of Pipe-Hunter, Hydro-Excavator Trailer from Municipal Maintenance Equipment, Inc., of Sacramento, utilizing H-GAC contract, in the amount of $118,080.
B
ACKGROUND INFORMATION: The Public Works Department oversees the operation and maintenance of 7,568 water valves throughout the City. Every water system has valves that regulate, stop or start the flow of water in the distribution system. Being able to locate and operate these valves at a moment’s notice is extremely important. The State Water Resources Control Board, Division of Drinking Water, recommends that the distribution system valves be exercised a minimum of every three to four years. This frequency translates into approximately 1,900 valves per year for the City of Lodi.
Un
til recently, maintenance staff has utilized vehicle No. 004-124, a 2004 Pipe-Hunter, Hydro-Excavator trailer (Exhibit A) to clean out valve boxes in order to exercise valves. However, the hydraulic system has a Tier 3 diesel engine, which is no longer emissions compliant in California. Considering age, parts availability, and maintenance history, it is no longer cost-effective to replace the engine and continue operating this equipment. Staff recommends replacement of the current hydro-excavator equipment with the same manufacturer (Pipe-Hunter) due to cost and staff familiarity. This new model is equipped with a Tier 4 emission compliant engine.
P
er Lodi Municipal Code §3.20.045, State and Local Agency Contracts, the bidding process may be waived when it is advantageous for the City, with appropriate approval by City Manager and City Council, to use contracts that have been awarded by other public agencies, provided that their award was in compliance with their formally-adopted bidding or negotiation procedures. Staff recommends purchase of the Pipe-Hunter, Hydro-Excavator Trailer (Exhibit B) utilizing the H-GAC Contract No. SC01-21.
S
taff recommends authorizing City Manager to waive bid process and approve purchase of Pipe-Hunter, Hydro-Excavator Trailer from Municipal Maintenance Equipment, Inc., of Sacramento, utilizing H-GAC contract in the amount of $118,080.
Adopt Resolution Authorizing City Manager to Waive Bid Process and Approve Purchase of Pipe-Hunter, Hydro-Excavator, from Municipal Maintenance Equipment, Inc., of Sacramento, Utilizing H-GAC Contract ($118,080) August 17, 2022
\\pwadc02\msc$\GROUP\ADMIN\Council\2022\08172022\MME Pipe-Hunter\CC_Pipe-Hunter_AR.doc 8/3/2022
FISCAL IMPACT: Failure to properly exercise water valves in the City’s distribution system could result in damage to the system and/or property damage due to the water system not being able to be shut down during an emergency.
FUNDING AVAILABLE: Funds are budgeted for this equipment in Water Capital (56100000) for Fiscal Year 2022/23. This does not impact the General Fund.
______________________________________
Andrew Keys
Deputy City Manager/Internal Services Director
_______________________________
Charles E. Swimley, Jr.
Public Works Director
Prepared by Andrew Richle, Utilities Superintendent
CES/AR/trw
Attachment
cc: Utilities Manager, Lance Roberts
Exhibit A
HGACBUY – SEWER CLEANING, HYDRO-EXCAVATING, INSPECTION
EQUIPMENT, AND MISCELLANEOUS SERVICES
Background
The H-GAC Cooperative Purchasing Program (HGACBuy) establishes contracts for a variety of products and services through competitive solicitations. Member governments are able to use the contracts to make purchases. HGACBuy received and opened twenty-four bids for Sewer Cleaning, Hydro-Excavating, Inspection Equipment, and Miscellaneous Services on July 07, 2020.
The following companies submitted bids:
CSI Consolidated, LLC dba AIMS Companies Pearland, TX
Aries Industries, Inc.* Waukesha, WI
CLS Sewer Equipment Co., Inc. Richardson, TX
Compliance EnviroSystems, LLC Baton Rouge, LA
Cues, Inc. Orlando, FL
Duke’s Root Control, Inc. Syracuse, NY
Envirosight, LLC Randolph, NJ
GapVax, Inc. Johnstown, PA
GPM Pump and Truck Parts, LLC Addison, IL
Harben, Inc. Cumming, GA
Hi-Vac Corporation Marietta, OH
Infosense, Inc. Charlotte, NC
Infrastructure Technologies, LLC dba IT Pipes, LLC Albuquerque, NM Kaiser Premier, LLC Fort Morgan, CO
KEG Technologies, Inc Spartanburg, SC
Kinloch Equipment and Supply, Inc Pasadena, TX
PipeLogix, Inc. Palm Desert, CA
Ring-O-Matic Pella, IA
Sewer Equipment Co. of America * Dixon, IL
Super Products, LLC Mukwonago, WI
Texas Underground, Inc. dba Underground, Inc. Pearland, TX The Charles Machine Works, Inc. Perry, OK
Vac-Con, Inc Green Cove Springs, FL
Visual Imaging Resources, LLC Plymouth, MI
*Joint Bid
Current Situation
This contract is a continuation of an existing contract in our portfolio, consisting of sewer/pipeline cleaners, jet rodders, hydro -excavators, portable pipeline inspection equipment and other related equipment. There are no new manufacturers. All bid responses have been evaluated by H -GAC staff. Twenty-four bids (consisting of forty -one vendors) are being recommended for award.
Request authorization for contracts representing the lowest responsible bidder providing best value for product items as summarized in the Award Recommendation Table , and, if applicable, to extend contract assignments to other authorized entities during the contract period. If an awarded bidder fails to exe cute a contract within forty -five days, fails to maintain required licenses, or is determined to be ineligible, authorization is requested to contract with the next lowest responsible bidder.
Funding Source: Participating local government purchasers
Budgeted: NA
Action Requested
Request authorization of contracts with respondents for Sewer Cleaning, Hydro -Excavating, Inspection Equipment and Miscellaneous Services.
SC01-21: Award Recommendation Table
MANUFACTURER H-GAC PRODUCT
CODE
BIDDER
A. Sewer Cleaners, Centrifugal Compressor Fan Type, For Truck Mounting Vac-Con SC21A001-SC21A003A Vac-Con, Inc
Vactor SC21A004-SC21A006 Kinloch Equipment and Supply, Inc B. Sewer Cleaners, Positive Displacement Type, For Truck Mounting Hi-Vac SC21B015-SC21B019;
SC21C021-SC21B022
Hi-Vac Corporation
PipeHunter SC21B022A-SC21B022I Texas Underground, Inc. dba Underground, Inc.
Super Products SC21B023-SC21B024B Super Products, LLC
Vac-Con SC21B035-SC21B036B Vac-Con, Inc
Vactor SC21B037-SC21B038B Kinloch Equipment and Supply, Inc
Sewer Equipment Co. SC21B039-SC21B043 Sewer Equipment Co. of America, AZ Wastewater Industries, Inc., BEC Enterprises LLC, Cyncon
Equipment, Inc., Dawson Infrastructure Solutions,
LLC, BDG Inc., dba Flexible Pipe Tool Company,
Fredrickson Supply, LLC, Golden Equipment Co.,
Inc., Jet-Vac Equipment Company, LLC, J.F.
McDermott Corp., Mid-Iowa Solid Waste
Equipment Co., Inc, Nixon-Egli Equipment
Company, Solid Waste Systems, Inc. dba SWS
Equipment, Inc., Woody’s Municipal Supply Co.
Kaiser Premier LLC SC21B044 Kaiser Premier, LLC
GPM Pump and Truck SC21B045 GPM Pump and Truck Parts, LLC C. Jet Rodders, For Truck & Trailer Mounting
Durand-Wayland SC21C001-SC21C010 CLS Sewer Equipment Co., Inc GapVax SC21C014-SC21C017 GapVax, Inc.
GPM Pump and Truck SC21C017A-SC21C018A GPM Pump and Truck Parts LLC Harben SC21C019-SC21C020;
SC21C023-SC21C029;
SC21C031
Harben, Inc.
Hi-Vac SC21C034-SC21C046 Hi-Vac Corporation
PipeHunter SC21C047-SC21C048 Texas Underground, Inc. dba Underground, Inc.
Ring-O-Matic SC21C052-SC21C053 Ring-O-Matic
Sewer Equipment Co. SC21C054-SC21C076 Sewer Equipment Co. of America, AZ Wastewater Industries, Inc., BEC Enterprises LLC, Cyncon
Equipment, Inc., Dawson Infrastructure Solutions,
LLC, BDG Inc., dba Flexible Pipe Tool Company,
Fredrickson Supply, LLC, Golden Equipment Co.,
Inc., Jet-Vac Equipment Company, LLC, J.F.
McDermott Corp., Mid-Iowa Solid Waste
Equipment Co., Inc, Nixon-Egli Equipment
Company, Solid Waste Systems, Inc. dba SWS
Equipment, Inc., Woody’s Municipal Supply Co.
Super Products SC21C081 Super Products, LLC
Vac-Con SC21C101-SC21C102 Vac-Con, Inc.
Vactor SC21C103-SC21C108 Kinloch Equipment and Supply, Inc.
D. Hydro-excavators, Truck & Trailer Mounted
GapVax SC21D002-SC21D017 GapVax, Inc.
Hi-Vac SC21D018-SC21D020;
SC21D023
Hi-Vac Corporation
Pipe Hunter SC21D037-SC21D039 Texas Underground, Inc. dba Underground, Inc.
Sewer Equipment Co. SC21D079-SC21D085 Sewer Equipment Co. of America, AZ Wastewater Industries, Inc., BEC Enterprises LLC, Cyncon
Equipment, Inc., Dawson Infrastructure Solutions,
LLC, BDG Inc., dba Flexible Pipe Tool Company,
Fredrickson Supply, LLC, Golden Equipment Co.,
Inc., Jet-Vac Equipment Company, LLC, J.F.
McDermott Corp., Mid-Iowa Solid Waste
Equipment Co., Inc, Nixon-Egli Equipment
Company, Solid Waste Systems, Inc. dba SWS
Equipment, Inc., Woody’s Municipal Supply Co.
Super Products SC21D089 Super Products, LLC
Vac-Con SC21D090 Vac-Con, Inc.
Vactor Mfg. SC21D095 – SC21D100 Kinloch Equipment & Supply, Inc.
Kaiser Premier LLC SC21D102-SC21D106 Kaiser Premier, LLC E. Standard Portable Sewer Inspection Systems
Aries SC21E003 Aries Industries, Inc., Bogie Enterprises, Inc. dba Envirotech Equipment, Coe Equipment, Inc.,
Griffin Sales Inc. dba Rodders and Jet Supply Co.,
Reliability Point, LLC
Cues SC21E006- SC21E007;
SC21E009-SC21E016
Cues, Inc.
Hathorn SC21E043-SC21E044 Kinloch Equipment and Supply, Inc.
InfoSense, Inc. SC21E046 Infosense, Inc.
IBAK SC21E047-SC21E049 Kinloch Equipment and Supply, Inc.
PipeHunter SC21E055-SC21E057 Texas Underground, Inc. dba Underground, Inc.
Proteus SC21E080-SC21E086 Visual Imaging Resources, LLC G. Sewer Inspection Vans
Aries SC21G001-SC21G005 Visual Imaging Resources, LLC
Cues SC21G010-SC21G019 Cues, Inc.
R.S. Technical Service SC21G047-SC21G048 Visual Imaging Resources, LLC H. Miscellaneous Sewer Equipment
ENZ USA Inc. SC21H010-SC21H017;
SC21H019-SC21H031
CLS Sewer Equipment Co., Inc
GapVax SC21H032 GapVax, Inc.
Infrastructure Technologies-
IT Pipes
SC21H038-SC21H046 Infrastructure Technologies, LLC dba IT Pipes, LLC
KEG Technologies SC21H060-SC21H070 KEG Technologies, Inc.
Pipelogix SC21H071-SC21H075 Pipelogix, Inc.
PipeHunter SC21H076-SC21H082 Texas Underground, Inc.
Sewer Equipment Co. SC21H105-SC21H113;
SC21H115-SC21H117
Sewer Equipment Co. of America, AZ Wastewater
Industries, Inc., BEC Enterprises LLC, Cyncon
Equipment, Inc., Dawson Infrastructure Solutions,
LLC, BDG Inc., dba Flexible Pipe Tool Company,
Fredrickson Supply, LLC, Golden Equipment Co.,
Inc., Jet-Vac Equipment Company, LLC, J.F.
McDermott Corp., Mid-Iowa Solid Waste
Equipment Co., Inc, Nixon-Egli Equipment
Company, Solid Waste Systems, Inc. dba SWS
Equipment, Inc., Woody’s Municipal Supply Co.
I. Miscellaneous Sewer Cleaning Services
Duke’s Root Control SC21I003-SC21I009;
SC21I082
Duke's Root Control, Inc.
Envirosystems, Inc. SC21I010; SC21I035;
SC21I037-SC21I038;
SC21I40-SC21I053;
SC21I058-SC21I63;
SC21I073-SC21I075;
SC21I080-SC21I081
CSI Consolidated, LLC dba AIMS Companies
Envirosystems, Inc SC21I011-SC21I034;
SC21I036; SC21I039;
SC21I054- SC21I057
Compliance EnviroSystems, LLC
RESOLUTION NO. 2022-_____
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE
CITY MANAGER TO WAIVE THE BID PROCESS AND APPROVE THE
PURCHASE OF PIPE-HUNTER HYDRO-EXCAVATOR TRAILER FROM
MUNICIPAL MAINTENANCE EQUIPMENT, INC., OF SACRAMENTO,
UTILIZING THE H-GAC CONTRACT
========================================================================
WHEREAS, the Public Works Department oversees the operation and maintenance of over 7,568 water valves throughout the City; and
WHEREAS, the ability to locate and ope rate water valves at a moment’s notice is extremely important; and
WHEREAS, the current Hydro-Excavator trailer used to clean out, access , and exercise valves is no longer emissions compliant and requires replacement; and
WHEREAS, per Lodi Municipal Code §3.20.045, State and Local Agency Contracts, the bidding process may be waived when it is advantageous for the City, with appropriate approval by the City Manager and City Council, to use contracts that have been awarded by other public agencies, provided that their award was in compliance with their formally -adopted bidding or negotiation procedures; and
WHEREAS, staff recommends authorizing purchase of a Pipe-Hunter Hydro-Excavator Trailer from sole-source vendor Municipal Maintenance, Inc., of Sacramento, utilizing the H - GAC contract, in the amount of $118,080.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to waive the bid process and purchase a Pipe -Hunter Hydro-Excavator Trailer, from sole-source vendor Municipal Maintenance, Inc., of Sacramento, California, utilizing the H-GAC contract, in the amount of $118,080; and
BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol Manual (Res. No. 2019-223), the City Attorney is hereby authorized to make minor revisions to the above- referenced document(s) that do not alter the compensation or term, and to make clerical corrections as necessary.
Dated: August 17, 2022
======================================================================== I hereby certify that Resolution No. 2022-_____ was passed and adopted by the City Council of the City of Lodi in a regular meeting held August 17, 2022, by the following vote:
AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
OLIVIA NASHED
City Clerk
2022-______
AGENDA ITEM C-04
COUNCIL COMMUNICATION
APPROVED: ________________________________
Stephen Schwabauer, City Manager
\\cvcfilv02\pubwks$\WP\PROJECTS\STREETS\Grape Stake
Replacement\CSA.docx 8/4/2022
AGENDA TITLE: Approve Specifications and Authorize Advertisement for Bids for Grape Stake Replacement Project – Phase 1
M
EETING DATE: August 17, 2022
P
REPARED BY: Public Works Director
RE
COMMENDED ACTION: Approve specifications and authorize advertisement for bids for Grape Stake Replacement Project – Phase 1.
B
ACKGROUND INFORMATION: From the 1970’s through the 1990’s there were various subdivisions that constructed approximately 3 miles of grape stake fences along major roadways. These fences were typically constructed to comply with Specific Plans that had been previously adopted by Council and are the City’s long-term maintenance responsibility. On May 7, 2008 Council replaced the 1971 grape stake fence ordinance (No. 964) with a new ordinance (No. 1811). This new ordinance allowed homeowners to repair or replace their own fences and gave the Public Works Director discretion over design modifications to these fences. The primary intent of the change in 2008 was to slowly begin converting the grape stake fences over to block walls as the16-foot wide sections failed or were damaged by vehicles.
I
n 2008, the block wall cost was only 25% more than the grape stakes (and the grape stakes were difficult to procure), so it made sense to proceed with the better long-term maintenance solution for just the slightly higher replacement cost. Since 2008, the cost of the block wall has increased by roughly 500% and staff has found a better source for the replacement grape stakes. With the change of these two factors, the block wall replacement cost is now roughly 10-times the cost of just replacing the sections with new grape stakes, and therefore no-longer feasible. City forces have been attempting to replace the worst sections, however staff availability for these replacements have been limited, therefore the replacements have been slow.
G
iven the above-described circumstances, staff recommends replacing the old grape stakes with new ones in a series of projects to be phased. The phasing sequence was determined by the overall fence condition for each street. The segments were ranked from 1 to 6 with 1 being the worst. The proposed first phase will include grape stakes along Ham Lane (south of Kettleman) and Hutchins Street (north of Harney) as shown on Exhibit A. This initial phase represents the segments in the worst condition with rankings of 1 and 2. Staff anticipates that approximately $150,000 of the estimated project cost will be utilized to replace existing grape stake fence along Hutchins Street south of Century Boulevard. This element of work was approved by Council using one-time General Fund Surplus Funds.
Approve Specifications and Authorize Advertisement for Bids for Grape Stake Replacement Project – Phase 1 August 17, 2022
The project includes removing and replacing the old grape stakes along with a top and bottom rail (2x4’s).
The new rails will be attached to the existing columns and posts with new metal hangers. Photos of the existing fence and a recent staff-completed replacement section are provided in Exhibit B.
The specifications are on file in the Public Works Department. The planned bid opening date is September 7, 2022. The project estimate is $250,000.
FISCAL IMPACT: The project will reduce staff time and ongoing maintenance costs associated with these failing fence sections. Based on the lifespan of the original fence installations, the new grape stake fences will last between 20 and 30 years.
FUNDING AVAILABLE: Funding will be identified at project award.
________________________________________
Charles E. Swimley, Jr.
Public Works Director
Prepared by Sean Nathan, Senior Civil Engineer
CES/SN/cd
Attachment
M
ills Av.
Hutchins St.
Century Blvd.
Kettleman Ln.
Lockeford St.
Vine St.
Pine St.
Church St.
Harney Ln.
Cherokee Ln.
Stockton St.Lower Sacram
ento Rd.
Ham
Ln.
Lodi Av.
Turner Rd.
Hwy 99
µ
0 0.50.25
Miles
Exhibit A
Grape Stake Replacement
Legend
Future Phases
Phase 1
Exhibit B
Old Grape Stake Sections
Newly Replaced Section (by City Staff)
AGENDA ITEM C-05
COUNCIL COMMUNICATION
APPROVED: ________________________________________
Stephen Schwabauer, City Manager
\\CVCFILV02\PubWks$\WP\PROJECTS\STREETS\2022 Crack Seal\CAccept.doc 8/1/2022 AGENDA TITLE: Accept Improvements Under Contract for 2022 Pavement Crack Seal Project M
EETING DATE: August 17, 2022
P
REPARED BY: Public Works Director
RE
COMMENDED ACTION: Accept improvements under contract for 2022 Pavement Crack Seal Project.
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. This contract supplements work performed by Street Division crews to maximize the street area sealed each year.
T
his project consisted of thoroughly cleaning and sealing the existing transverse and longitudinal cracks in pavement surfaces and included other incidental and related work as described in the specifications.
T
he contract was awarded to Global Road Sealing, Inc., on April 6, 2022, in the amount of $72,573.38. The contract has been completed in substantial conformance with the specifications approved by City Council on February 16, 2022. Locations are shown on Exhibit A. The final contract price was $72,573.38 with no change orders.
Fol
lowing acceptance by the City Council, as required by law, the City Engineer will file a Notice of Completion with the County Recorder’s office. The notice serves to 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.
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.
F
UNDING AVAILABLE: This project was funded by TDA Streets. _______________________
________
Charles E. Swimley, Jr.
Public Works Director
Prepared by Alice Bernardino, Associate Civil Engineer
CES/AB/CD
Attachment
c
c: 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
AGENDA ITEM C-06
COUNCIL COMMUNICATION
APPR
OVED: _________________________________
Stephen Schwabauer, City Manager
K:\WP\PROJECTS\STREETS\2021 Pavement Resurfacing Project\CAccept.doc 8/3/2022 AGENDA TITLE: Accept Improvements Under Contract for 2021/2022 Pavement Resurfacing Project M
EETING DATE: August 17, 2022
P
REPARED BY: Public Works Director
RE
COMMENDED ACTION: A ccept improvements under contract for 2021/2022 Pavement Resurfacing Project.
B
ACKGROUND INFORMATION: This pavement resurfacing includes the application of rubberized asphalt cape seal and fiberized slurry seal. The project limits included various streets throughout the City, as shown on Exhibit A.
T
he contract was awarded to American Paving Systems, Inc., of Modesto, in the amount of $1,198,240, on May 4, 2022. At that same meeting, Council authorized the City Manager to execute change orders in an amount not-to-exceed $100,000, for a total not-to-exceed contract price of $1,298,240. All work was completed in substantial conformance with the plans and specifications approved by City Council.
T
he contract was completed in a timely manner. The final cost of the project is $1,198,278, approximately $38 more than the original contract amount. Before and after pictures are reflected in Exhibit B.
Chang
e Order No. 1 ($38) included the combination of a reduction of the bid item quantities for pavement repair bid item and an increase in the bid item quantities for slurry and chip seal.
Fol
lowing acceptance by the City Council, as required by law, the City Engineer will file a Notice of Completion with the County Recorder’s office. The notice serves to notify vendors and subcontractors that the project is complete and begins their 30-day period to file a stop notice requiring the City to withhold payments from the prime contractor in the event of a payment dispute.
F
ISCAL IMPACT: By investing in the appropriate maintenance projects, significant capital dollars will be saved by extending the useful life of the pavement and foregoing more costly pavement reconstruction.
F
UNDING AVAILABLE: This project was funded by Senate Bill 1, Gas Tax. _______________________________
Charles E. Swimley, Jr.
Public Works Director
Prepared by Alice Bernardino, Associate Civil Engineer
CES/AB/cd
Attachment
Hutchins St.
Kettleman
Ln.
M
ills Av.
Century Blvd.
Church
St.
Vine St.
Pine St.
Harney Ln.
Lodi Av.Stockton St
.
Cherokee Ln.
Ham
Ln.
0 0.25 0.50.125
Miles
Cape
Slurry
2021/22 Pavement Resurfacing
Project Locations
EXHIBIT B
Tokay & Huntington
Tokay and Atherton
Hale Road at Cherokee Lane
Hale Road at Cherokee Lane
Hale Road at Lloyd St
AGENDA ITEM C-07
COUNCIL COMMUNICATION
APPROVED: ________________________________
Stephen Schwabauer, City Manager
\\cvcfilv02\pubwks$\WP\COUNCIL\2022\CC Woodard Curran PSA.docx 8/4/2022 AGENDA TITLE: Adopt Resolution Ratifying Expenses and Authorizing City Manager to Execute Professional Services Agreement with Woodard & Curran Inc., of Walnut Creek, for Water Meter Phase 8 Installation and Main Replacement Project Engineering Services ($26,000) MEETING DATE: August 17, 2022
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Adopt resolution ratifying expenses and authorizing City Manager to execute Professional Services Agreement with Woodard & Curran, Inc., of Walnut Creek, for Water Meter Phase 8 Installation and Main Replacement Project engineering services, in the amount of $26,000.
BACKGROUND INFORMATION: On August 24, 2019, City Council awarded the Water Meter Program Phase 8 construction contract to Knife River Construction and engineering service to RMC Water and Environment (RMC).
Phase 8 is the last phase of the residential water meter installation program and the project was accepted by the City Council on May 18, 2022. RMC was in the process of preparing the as -built drawings and other project close out services as part of the original engineering services contract when their company was acquired by Woodard & Curran Inc. Staff is requesting Council ratify 5 invoices totaling $14,668.41. T hese invoices were paid to Woodard & Curran, Inc., while the City was still under contract with RMC.
In order for the City to pay for the remaining engineering services after the acquisition, staff is required to execute a new Professional Services Agreement with Woodard & Curran, Inc. The total, not-to-exceed the amount for this work is $26,000. Subtracting the requested, ratified amount of $14,668.41, there will be $11,331.59 remaining to complete the remaining close out work. Staff is confident this amount is sufficient.
Staff recommends ratifying expenses and authorizing City Manager to execute a new Professional Services Agreement with Woodard & Curran, Inc., of Walnut Creek , for Water Meter Phase 8 Installation and Main Replacement Project engineering services, in the amount not-to-exceed $26,000 FISCAL IMPACT: There is no impact to the General Fund.
FUNDING AVAILABLE: Water Capital Fund (56199000.77020) - $26,000 ______________________________________
Andrew Keys
Deputy City Manager/Internal Services Director
________________________________________
C harles E. Swimley, Jr.
Public Works Director
CES/LC/cd
Attachment
Cc: Public Works Management Analyst
Mike Matson (Woodard & Curran)
Utility Manager
RESOLUTION NO. 2022-__
A RESOLUTION OF THE LODI CITY COUNCIL RATIFYING EXPENSES AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT WITH WOODARD & CURRAN, INC., OF
WALNUT CREEK, FOR WATER METER PHASE 8 INSTALLATION AND MAIN
REPLACEMENT PROJECT ENGINEERING SERVICES
========================================================================
WHEREAS, on August 24, 2019, City Council awarded the Water Meter Program Phase 8 construction contract to Knife River Construction and engineer ing service to RMC Water and Environment (RMC); and
WHEREAS, Phase 8 is the last phase of the residential water meter installation program and the project was accepted by the City Council on May 18, 2022; and
WHEREAS, RMC was in the process of preparing the as -built drawings for the project as part of the original engineer ing services contract when the company was acquired by Woodard & Curran, Inc.; and
WHEREAS, staff recommends that Council ratify five invoices totaling $14,668.41 that were paid to Woodard & Curran, Inc., while the City was still under contract with RMC; and
WHEREAS, in order for the City to pay for the remaining engineering services after the acquisition, staff is required to execute a new Professional Services Agreement with Woodard & Curran, Inc.; and
WHEREAS, staff recommends ratifying the expenses and authorizing the City Manager to execute a Professional Services Agreement with Woodard & Curran, Inc., of Walnut Creek, for Water Meter Phase 8 Installation and Main Replacement Proj ect engineering services, in an amount not to exceed $26,000.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby ratify the expenses and authorize the City Manager to execute a Professional Services Agreement with Woodard & Curran, Inc. , of Walnut Creek, California, for Water Meter Phase 8 Installation and Main Replacement Project engineering services, in an amount not to exceed $26,000; 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: August 17, 2022
========================================================================
I hereby certi fy that Resolution No. 2022-____ was passed and adopted by the City Council of the City of Lodi in a regular meeting held August 17, 2022 by the following votes:
AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
OLIVIA NASHED
City Clerk
2022-_____
AGENDA ITEM C-08
APPR
OVED: __________________________________
Stephen Schwabauer, City Manager
K:\WP\COUNCIL\2020\C Quest BB.doc 8/9/2022
CITY OF LODI
COUNCIL COMMUNICATION
TM
AG
ENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement with Quest Media & Supplies, Inc., a California Corporation, for System Support and Maintenance Plan of Video Surveillance Program ($95,000) M
EETING DATE: August 17, 2022
P
REPARED BY: Information Technology Manager
RE
COMMENDED ACTION: Adopt resolution authorizing City Manager to execute Professional Services Agreement with Quest Media & Supplies, Inc., a California corporation, for system support and maintenance plan of video surveillance program. ($95,000).
B
ACKGROUND INFORMATION: Implementing a modern video surveillance system will improve protection of City assets, which includes cash, infrastructure, and Staff. The enhanced video resolution and coverage angles will improve identification of faces and vehicles. Digital video surveillance systems store all the footage from the cameras on a digital video recorder, giving a centralized management point for both City staff and Police, if necessary, to monitor and react in a timely manner.
O
n October 4, 2017, Council adopted a resolution authorizing City Manager to execute Professional Service Agreement with Quest Media & Supplies, Inc., of Roseville, for the purchase and installation of video surveillance system and maintenance plan. The maintenance plan expires on August 31, 2022.
Q
uest Media & Supplies, Inc. offered real-time network monitoring of the health of the video system. This service would help detect errors and failures of equipment and initiate a repair technician immediately.
Quest Media & Supplies, Inc. will replace, repair, and maintain all endpoint devices during the life of the contract, as needed, barring intentional physical damage or misuse of the hardware. Quest Media & Supplies, Inc.’s real-time network monitoring helps ease the pressure of City staff from conducting regular testing and maintenance of the video surveillance system.
S
taff recommends authorizing City Manager to execute Professional Services Agreement with Quest Media & Supplies, Inc., of Roseville, for the renewal of the maintenance contract for five years. The service will be billed monthly at $1,494 for a total of $89,640. Plus include $5,000 for time and material services that may not be covered under the agreement for a total of $94,640.
FISCAL IMPACT: Funding for this project is included in the Fiscal Year 2022/23 budget.
F
UNDING AVAILABLE: The five-year maintenance of $89,640 will be funded from the following sources:
Adopt resolution authorizing City Manager to execute Professional Services Agreement with Quest Media & Supplies, Inc., a Cal ifornia corporation, for system support and maintenance plan of video surveillance program. ($95,000).
K:\WP\COUNCIL\2020\C Quest BB.doc 8/9/2022
Fund Percentage Account
General Fund 37% 10020203.72499
Electric Utility 44% 50060001.72499
Wastewater 8% 53503001.72499
Water 11% 56052001.72499
The $5,000 for time and material will be funded by Information Technology, 10020400.72450
______________________________________
Andrew Keys
Deputy City Manager/Internal Services Director
______________________________________
Benjamin Buecher
Information Technology Manager
AK/BB/tc
Attachment
RESOLUTION NO. 2022-____
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE
CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH QUEST MEDIA & SUPPLIES, INC., A CALIFORNIA CORPORATION, OF
ROSEVILLE, FOR SYSTEM SUPPORT AND MAINTENANCE PLAN OF VIDEO
SURVEILLANCE PROGRAM
========================================================================
WHEREAS, implementation of a modern video surveillance system will improve protection of City assets, which includes cash, infrastructure, and staff. The enhanced video resolution and coverage angles will improve identification of faces and vehicles. Digital video surveillance systems store all the footage from the cameras on a digital video recorder, giving a centralized management point for both City staff and Police, if necessary, to monitor and react in a timely manner; and
WHEREAS, on October 4, 2017, Council adopted a resolution authorizing the City Manager to execute a Professional Service Agreement with Quest Media & Supplies, Inc., of Roseville, for the purchase and installation of video surveillance system and maintenance plan. The maintenance plan expires on August 31, 2022; and
WHEREAS, Quest Media & Supplies, Inc. , provides real-time network monitoring of the health of the video system, helping to detect errors and failures of equipment and initiate a repair technician immediately, and will replace, repair, and maintain all endpoint devices during the life of the contract, as needed, barring intentional physical dam age or misuse of the hardware; and
WHEREAS, staff recommends authorizing the City Manager to execute a Professional Services Agreement with Quest Media & Supplies, Inc., of Roseville, for system support and maintenance plan of video surveillance program. The service will be billed monthly for a term of five years at $1,494, for a total of $89,640, plus $5,000 for time and material services that may not be covered under the agreement, for a total of $94,640.
NOW, THEREFORE, BE IT RESOLVED that th e Lodi City Council does hereby authorize the City Manager to execute a Professional Services Agreement with Quest Media & Supplies, Inc., a California Corporation, of Roseville, California, for system support and maintenance plan of video surveillance program, for the term of five years, in an amount not to exceed $94,640; 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.
Date: August 17, 2022
======================================================================== I hereby certify that Resolution No. 2022-____ was passed and adopted by the Lodi City Council in a regular meeting held August 17, 2022, by the following vote:
AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
OLIVIA NASHED
City Clerk
2022-____
AGENDA ITEM C-09
COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Adopt Resolution Authorizing the City Manager to Execute Amendment No. 1 to a Professional Services Agreement between the City of Lodi and PlaceWorks, a Professional Consulting Firm , for Environmental Review Services for the Proposed Vineyard Valley Project
M
EETING DATE: August 17, 2022
P
REPARED BY: Community Development Director
RE
COMMENDED ACTION: Adopt resolution authorizing the City Manager to execute Amendment No. 1 to a professional services agreement between the City of Lodi and PlaceWorks, a professional consulting firm, for environmental review services for the proposed Vineyard Valley project.
B
ACKGROUND INFORMATION: On April 20, 2022 the City Council authorized the City Manager to execute a professional services agreement (PSA) with the firm PlaceWorks in the amount of $228,000 to complete the environmental review of the Vineyard Valley project. Concurrently, the City Council authorized the City Manager to enter into a reimbursement agreement with Encore Housing Opportunity Fund III, LLC, a limited liability general partnership (Encore), to fund efforts related to processing the Vineyard Valley project.
P
laceWorks has identified additional efforts required to complete the Vineyard Valley environment review that were not included in the executed PSA. Specifically, a water supply assessment is required for this project with a proposed cost of $8,800. Amendment No. 1 to PlaceWorks PSA would increase total funding of the agreement to an amount not to exceed $236,800.
T
he land use entitlements for this project will require the preparation of an environmental document consistent with the California Environmental Quality Act. PlaceWorks was recently selected through a competitive bid process to prepare the environmental analysis for the City’s Sphere of Influence and Municipal Service Review updates. As such, PlaceWorks is the most appropriate firm to complete the environmental review of the Vineyard Valley project to ensure consistency between two environmental documents that will be prepared and released for public review in roughly the same time frame.
Th
e City has executed a Reimbursement Agreement with Encore Housing Opportunity Fund III, LLC, the project applicant, to fund costs associated with the Vineyard Valley project review. This agreement ensures that all project costs are born by the applicant.
S
taff recommends that the City Council authorize the City Manager to execute Amendment No. 1 to a professional services agreement with Place Works, a professional consulting firm, for environmental review services by PlaceWorks for the proposed Vineyard Valley project.
Amendment No. 1 to PlaceWorks PSA for proposed Vineyard Valley Project August 17, 2022 Regular City Council Meeting
FISCAL IMPACT: Not applicable.
FUNDING AVAILABLE: The Reimbursement Agreement with Encore Housing Opportunity Fund III, LLC will bare all costs associated with the environmental review process for the proposed project.
_______________________________________
Andrew Keys
Deputy City Manager/Internal Services Director
________________________________________
John R. Della Monica, Jr.
Community Development Director
Attachments:
PlaceWorks Contract Amendment No. 1
AGREEIIIENT FOR PROFESSIONAL SERVICES
ARTICLE 1
PARTIES AND PURPOSE
Section l.l Parties
THIS AGREEMENT is entered into on þ\l Zq ,2OZZ, by and between the CITY OF LODI, a municipal corporation (hereinafter "C|TY"), and PLACEWORKS, a California Corporation (hereinafter "CONTRACTOR').
Section 1.2 Purpose
CITY selected the CONTRACTOR to provide the services required ín accordance with attached Scope of Services, Exhibit A, attached and incorporated by this reference.
CITY wishes to enter into an agreement with CONTRACTOR for
ENVIRONMENTAL REVIEW AND TECHNICAL SERVICES ASSOCIATED WITH THE VINEYARD VALLEY PROJECT (hereinafter "Project") as set forth in the Scope of Services attached here as Exhibit A. CONTRACTOR acknowledges that it is qualified to provide such services to CITY.
ARTICLE 2
SCOPE OF SERVICES
Section 2.1 Scope of Services
CONTRACTOR, for the benefit and at the direction of CITY, shall perform the Scope of Services as set forth in Exhibit A.
Section 2.2 Time For Gommencement and Gompletion of Work CONTRACTOR shall commence work pursuant to this Agreement, upon receipt of a written notice to proceed from CITY or on the date set forth in Sectíon 2.6, whichever occurs first, and shall perform all services diligently and complete work under this Agreement based on a mutually agreed upon timeline or as otherwise designated in the Scope of Services.
CONTRACTOR shall submit to CITY such reports, diagrams, drawings and other work products as may be designated in the Scope of Services.
CONTRACTOR shall not be responsible for delays caused by the failure of CITY staff to provide required data or review documents within the appropriate time frames.
The review time by CITY and any other agencies involved in the project shall not be counted against CONTRACTOR's contract performance period. Also, any delays due to weather, vandalism, acts of God, etc., shall not be counted. CONTRACTOR shall remain in contact with reviewing agencies and make all efforts to review and return all comments.
L
Exhibit A
Section2.3 lllleetinqs
CONTRACTOR shall attend meetings as may be set forth in the Scope of Services.
Section 2.4 Staffins
CONTRACTOR acknowledges that CITY has relied on CONTRACTOR's capabilities and on the qualifications of CONTRACTOR's principals and staff as identified in its proposal to CITY. The Scope of Services shall be performed by CONTRACTOR, unless agreed to otherwise by CITY in writing. CITY shall be notified by CONTRACTOR of any change of Project Manager and CITY is granted the right of approval of all original, additional and replacement personnel at CITY's sole discretion and shall be notified by CONTRACTOR of any changes of CONTRACTOR's project staff prior to any change.
CONTRACTOR represents ít is prepared to and can perform allservices within the Scope of Services (Exhibit A) and is prepared to and can perform all services specified therein. CONTRACTOR represents that it has, or will have at the time this Agreement is executed, all licenses, permits, qualifications, insurance and approvals of whatsoever nature are legally required for CONTRACTOR to practice its profession, and that CONTRACTOR shall, at its own cost and expense, keep in effect during the life of this Agreement all such licenses, permits, qualifications, insurance and approvals, and shall indemnify, defend and hold harmless CITY against any costs associated with such licenses, permits, qualifications, insurance and approvals which may be imposed against CITY under this Agreement.
Section2.S Subcontracts
Unless prior written approval of CITY is obtained, CONTRACTOR shall not enter into any subcontract with any other party for purposes of providing any work or services covered by this Agreement.
Section 2.6 Term
The term of this Agreement commences on May 01 ,2022 and terminates upon the completion of the Scope of Services or on April 30, 2023, whichever occurs first.
Section 2.7 Option to Extend Term of Aqreement
At its option, City may extend the terms of this Agreement for an additionaltwo (2) one (1)-year extensions; provided, City gives Contractor no less than thirty (30) days written notice of its intent priorto expiration of the existing term. ln the event City exercises any option under this paragraph, all other terms and conditions of this Agreement continue and remain in fullforce and effect.
2 The total duration of this Agreement, including the exercise of any option under this paragraph, shall not exceed three (3) years.
ARTICLE 3
COMPENSATION
Section3.l Gompensation
CONTRACTOR's compensation for all work under this Agreement shall conform to the provisions of the Fee Proposal, attached hereto as Exhibit B and incorporated by this reference.
CONTRACTOR shall not undertake any work beyond the scope of this Agreement unless such additionalwork is approved in advance and in writing by CITY.
Section 3.2 Method of Pavment
CONTRACTOR shall submit invoices for completed work on a monthly basis, or as othen¡rise agreed, providing, without limitation, details as to amount of hours, individual performing said work, hourly rate, and indicating to what aspect of the Scope of Services said work is attributable. CONTRACTOR's compensation for all work under this Agreement shall not exceed the amount of the Fee Proposal.
Section 3.3 Gosts
The Fee Proposal shall include all reimbursable costs required for the performance of the Scope of Services. Payment of additional reimbursable costs considered to be over and above those inherent in the original Scope of Services shall be approved in advanced and in writing, by CITY.
Section 3.4 Auditinq
CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under this Agreement. Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance needed to conduct such an audit.
CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of this Agreement. CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with 3 this requirement. CONTRACTOR further agrees to maintain such records for a period of three (3) years after final payment under this Agreement.
ARTIGLE 4
MISCELLANEOUS PROVISIONS
Section4.l Nondiscrimination
ln performing services under this Agreement, CONTRACTOR shall not discriminate in the employment of its employees or in the engagement of any sub CONTRACTOR on the basis of race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, age, or any other criteria prohibited by law.
Section 4.2 ADA Gompliance
ln performing services under this Agreement, CONTRACTOR shall comply with the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well as all applicable regulations and guidelines issued pursuant to the ADA.
Section 4.3 lndemnification and Responsibilitv for Damaqe CONTRACTOR to the fullest extent permitted by law, shall indemnify and hold harmless CITY, its elected and appointed officials, directors, officers, employees and volunteers from and against any claims, damages, losses, and expenses (including reasonable attorney's fees and costs), arising out of performance of the services to be performed under this Agreement, provided that any such claim, damage, loss, or expense is caused by the negligent acts, errors or omissions of CONTRACTOR, any subcontractor employed directly by CONTRACTOR, anyone directly or indirectly employed by any of them, or anyone for whose acts they may be liable, except those injuries or damages arising out of the active negligence, sole negligence, or sole willful misconduct of the Cíty of Lodi, its elected and appointed officials, directors, officers, employees and volunteers.
CITY may, at its election, conduct the defense or participate in the defense of any claim related in any way to this indemnification. lf CITY chooses at its own election to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification, CONTRACTOR shall pay all of the costs related thereto, including without limitation reasonable attorney fees and costs. The defense and indemnification obligations required by this Agreement are undertaken in addition to, and shall not in any way be limited by the insurance obligations set forth herein.
Section 4.4 No Personal Liabilitv
Neither the City Council, nor any other officer or authorized assistant or agent or City employee shall be personally responsible for any liability arising under this Agreement.
4 Section 4.5 Responsibilitv of GITY
CITY shall not be held responsible for the care or protection of any material or parts of the work described in the Scope of Services prior to final acceptance by CITY, except as expressly provided herein.
Section 4.6 lnsurance Requirements for GONTRACTOR
CONTRACTOR shall take out and maintain during the life of this Agreement, insurance coverage as set forth in Exhibit C attached hereto and incorporated by this reference.
Section 4.7 Successors and Assigns
CITY and CONTRACTOR each bind themselves, their partners, successors, assigns, and legal representatives to this Agreement without the written consent of the others. CONTRACTOR shall not assign or transfer any interest in this Agreement without the prior written consent of CITY. Consent to any such transfer shall be at the sole discretion of CITY.
Section 4.8 Notices
Any notice required to be given by the terms of this Agreement shall be in writing signed by an authorized representative of the sender and shall be deemed to have been given when the same is personally served or upon receipt by express or overnight delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class or certified mail, postage prepaid, addressed to the respective parties as follows:
To CITY: City of Lodi
221 West Pine Street
P.O. Box 3006
Lodi, CA 95241-1910
Attn: John Della Monica
To CONTRACTOR: PLACEWORKS
3 MacArthur Pl, Suite 1100
Santa Ana, CA 92707
ATTN: Keith McCann
Section 4.9 Gooperation of CITY
CITY shall cooperate fully and in a timely manner in providing relevant information it has at its disposal relevant to the Scope of Services.
Section 4.10 CONTRAGTOR is Not an Emplovee of GITY
CONTRACTOR agrees that in undertaking the duties to be performed under this Agreement, it shall act as an independent contractor for and on behalf of CITY and not an employee of CITY. CITY shall not direct the work and means for accomplishment of the services and work to be performed hereunder. CITY, however, retains the right to require 5 that work performed by CONTRACTOR meet specific standards without regard to the manner and means of accomplishment thereof.
Section 4.11 Termination
CITY may terminate this Agreement, with or without cause, by giving CONTRACTOR at least ten (10) days written notice. Where phases are anticipated within the Scope of Services, at which an intermediate decision is required concerning whether to proceed further, CITY may terminate at the conclusion of any such phase. Upon termination, CONTRACTOR shall be entitled to payment as set forth in the attached Exhibit B to the extent that the work has been performed. Upon termination, CONTRACTOR shall immediately suspend all work on the Project and deliver any documents or work in progress to CITY. However, CITY shall assume no liability for costs, expenses or lost profits resulting from services not completed or for contracts entered into by CONTRACTOR with third parties in reliance upon this Agreement.
Section 4.12 Gonfidentialitv
CONTRACTOR agrees to maintain confidentiality of all work and work products produced under this Agreement, except to the extent othenruise required by law or permitted in writing by CITY. CITY agrees to maintain confidentiality of any documents owned by CONTRACTOR and clearly marked by CONTRACTOR as "Confidential" or "Proprietary", except to the extent othennrise required by law or permitted in writing by CONTRACTOR. CONTRACTOR acknowledges that CITY is subject to the California Public Records Act.
Section 4.13 Applicable Law. Jurisdiction. Severabilitv. and Attornev's Fees This Agreement shall be governed by the laws of the State of California.
Jurisdiction of litigation arising from this Agreement shall be venued with the San Joaquin County Superior Court. lf any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of this Agreement shall be in force and effect. ln the event any dispute between the parties arises under or regarding this Agreement, the prevailing party in any litigation of the dispute shall be entitled to reasonable attorney's fees from the party who does not prevail as determined by the San Joaquin County Superior Court.
Section 4.14 C,W Business License Requirement
CONTRACTOR acknowledges that Lodi Municipal Code Section 3.01.020 requires CONTRACTOR to have a city business license and CONTRACTOR agrees to secure such license and pay the appropriate fees prior to performing any work hereunder. 6 Section 4.15 Captions
The captions of the sections and subsections of this Agreement are for convenience only and shall not be deemed to be relevant in resolving any question or interpretation or intent hereunder.
Section 4.16 lnteqration and Modification
This Agreement represents the entire understanding of CITY and CONTRACTOR as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing, signed by both parties.
Section 4.17 Contract Terms Prevail
All exhibits and this Agreement are intended to be construed as a single document.
Should any inconsistency occur between the specific terms of this Agreement and the attached exhibits, the terms of this Agreement shall prevail.
Section 4.18 Severabilitv
The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
Section 4.19 Ownership of Documents
All documents, photographs, reports, analyses, audits, computer media, or other material documents or data, and working papers, whether or not in finalform, which have been obtained or prepared under this Agreement, shall be deemed the property of CITY.
Upon CITY's request, CONTRACTOR shall allow CITY to inspect all such documents during CONTRACTOR's regular business hours. Upon termination or completion of services under this Agreement, all information collected, work product and documents shall be delivered by CONTRACTOR to CITY within ten (10) calendar days.
CITY agrees to indemnify, defend and hold CONTRACTOR harmless from any liability resulting from CITY'S use of such documents for any purpose other than the purpose for which they were intended.
Section 4.20 Authoritv
The undersigned hereby represent and warrant that they are authorized by the parties to execute this Agreement.
Section 4.21 Federal Transit Fundinq Gonditions
tr lf the box at left is checked, the Federal Transit Funding conditions attached as Exhibit D apply to this Agreement. ln the event of a conflict between the terms of this Agreement or any of its other exhibits, and the Federal Transit Funding Conditions, the Federal Transit Funding Conditions will control.
7 Section 4.22 Counterparts and Electronic Signatures
This Agreement and other docu¡ments to be delivered pursuant to this Agreement may be executed in one or more counterparts, each of which wrll be deemed to be an original copy and all of which, when taken together will be deemed to constitute one and the same agreement or document ând will be effect¡ve when counterparts have been signed by each of the parties and delivered to the other parties. Each party agrees that the electronic signatures, whether digítal or encrypted, of the parties included in thrs Agreement are intended to authenticate thrs wrrting and to have the same force and effect as manual stgnatures Defivery of a copy of this Agreement or any other document contemplated hereby, bearing an original manual or electronic signature by facsimile transmission (including a facsimile delivered via the lnternet), by electronic mail in "portable document format' ('' pdf) or similar format intended to preserve the onginal graph¡c and picloriat appearance of a document, or through the use of electronic signature software will have the same effect as physical delivery of the paper document bearing an original signature.
lN W|TNESS WHEREOF, CITY and CONTRACTOR have executed this Agreement as of the date first above written.
ATTEST: CITY OF LODI, a municipalcorporation
OLIVIA NASHED
City Clerk City Manager
APPROVED AS TO FORM
JANICE D. MAGDICH, City Attorney
PLACEWORKS
a California Corporation
,Qtth l/chun
Keith N4cCann (Apr 21, 2022 l2:L8 PÐI)By
Name
Title:
Attachments:
Exhibit A - Scope of Services
E¡hibitB-FeeProposal
Exhibit C - lnsurance Requirements
Erhibit D - Federal Transit Fundlng Conditions (lf appllcable) Funding Source: ReimbuFement Aqreement
(Business Unit & Account No.)
Doc lD:
KEITH McCANN
Chairman & CEO
B
C/t;Rev.04.2O22.LT
EXHIBIT A
March 30,2022
John R. Della Monica, Jr.
Community Development Director
City of Lodi
227W. Pine Street
Lodi, CA 95240
Re: Proposol lo Provide Consullonl Services for Environmenlol Rev¡ew for lhe Vineyords Project Dear Mr. Della Monica:
Please accept the attached submittal as PlaceWorks' proposal to provide Consultant Services for Environmental Review Vineyards Project.
PlaceWorks is one of the West's preeminent planning and design firms, with approximately L30 employees in seven offices throughout California. Formerly known as The Planning CenterlDC&E, PlaceWorla' history dates back over45 years. Serving both public- and private-sector clients throughout the state, PlaceWorks provides comprehensive planning, environmental review, urban design, landscape architecture, community outreach, and Geographic lnformation Systems (GlS) services. Our talented, multidisciplinary team thrives on working with communities to tackle complex problems and develop workable solutions.
To complement our in-house services, we are partnering with Fehr & Peers Transportat¡on Consultants to assist with transportation analysis and ECORP for biological resources, cultural resources, and noise analysis. We believe this team of professionals is well suited to assist City staff with this project.
PlaceWorks is all about places and how they work geographically, environmentally, functionally, aesthetically, and culturally. We are also passionate about how we work with our clients. PlaceWork brings together people from diverse pract¡ce areas, offering best-of-all-worlds capability and connectivity. Just as each place we work is distinctly different, so is our thinking.
Please do not hesitate to contact me if you need more information. The PlaceWorks team looks forward to working with you on this interesting and challenging project.
Sincerely,
PLACEWORKS
2-/ t
L
PTACEWORKS
EIR SCOPE OF WORK
Project Understanding and Assumptions
It is our understanding that the proposed would include approximately 824 residential units on an approximately 160-acre site south of Harney Lane. The site was assumed for development in the General Plan. We proposed preparation of a Subsequent Environmental lmpact Report (SEIR) based on the City's General Plan ElR. Because the project s¡te was assumed for development in the City's General Plan, it is our opinion that certain footprint-related topics can be focused out in the EIR as adequately addressed in the General Plan ElR. The topics that we propose to focus out include aesthetics, agricultural resources, geology and soils, hazards, and hydrology and water quality, because the conditions related to these topics haven't changed and the type of development proposed would not substantially change the level of impact relative to these topics. These topics will be addressed in a section of the SEIR titled "Effects Adequately Addressed in the General Plan ElR." This scope of works includes technical studies for certain footprint-related topics because site-specific information would be needed to disclose potentialeffects that were not addressed with adequate detail in the General Plan EIR for a project-specific analysis. Those include biological resources and cultural resources.
PROJECT TASKS
Task 1.1: Project Management Administration, & Hearings. Mark Teague, AICP, will be the Principal in Charge and Patrick Hindmarsh will be responsible for managing the ElR. PlaceWorks will coordinate closely with lnterwest to ensure that the EIR and associated documents are legally defensible, accurate, and useful to decision makers considering the project. To the maximum extent possible, we will coordinate throughout the process to streamline process and avoid or anticipate any changes that could result in delay. The scope assumes regular meetings with lnterwest to keep apprised of the update process.
PlaceWorks will attend up to four public hearings for certification of the EIR - two Planning Commission hearings and two City Council hearings - to present the findings of the environmental review and respond to any CEQA-related questions from commissioners and City Council members. Four hours are assumed for each public hearing, which includes preparation of a PowerPoint, meeting preparation, and attendance time.
Task 1.2: NOP & Scoping Meeting. PlaceWorks will prepare a Notice of Preparation (NOP) of a Draft ElR.
The NOP will clearly identify the public review period, contact person, scoping meeting date, and address established for submitting comments on the project. As this EIR will be comprehensive, we recommend using the abbreviated Notice of Preparation method discussed in Section 15060(d) of the CEQA Guidelines that allows the City to dispense with an initial study. Our budget assumes that PlaceWorks will distribute the NOP to the State Clearinghouse, responsible and trustee agencies, and other special interest groups and individuals identified on a distribution list to be developed in consultation with the City. lt is assumed that the City will be responsible for all newspaper notices, site postings, internal distribution and any direct mailings, submittal to the County Clerk, and will post the NOP on the City's website. The schedule for the NOP is based largely on when a project description can be developed. While 2 the finer details of the project description can wait untilthe plan is drafted, the NOP needs to have sufficient detailto allow the public and agencies to understand the project. This will be particularly important for the areas where we want to refine the vision of the City.
PlaceWorks will organize and conduct one public scoping meeting to explain the CEQA process and the extent of the project. The scoping meeting is required by CEQA for a project of this type and is intended to solicit comments regarding the scope and content of the environmental issues to be addressed in the ElR.
We recommend that the formal scoping meeting be held one to two weeks after the release of the NOP so that the public has time to read through the NO? and public concerns about environmental issues can be identified. As CEQA does not require a response to NOP comments, we will include a summary of them in the ElR, with reference to where each comment is addressed or an explanation for why it is not addressed (e.g., not an environmental issue).
Task 1.3: Technical Studies. PlaceWorks will team with ECORP for air quality (AQ), greenhouse gas emissions (GHG), noise, and biological and cultural resources, and with Fehr and Peers for transportation analysis. PlaceWorks will prepare a water supply assessment (WSA). The following is a summary of the scopes used to prepare the budget estimates:
Tosk L.3.L: Air Quolity & Greenhouse Gos Emissions. The assessment of air quality and greenhouse gas (GHG) emissions will quantify short-term (i.e., construction of both onsite development and offsite improvements) and long-term (i.e., operational) emissions generated by the Proposed Project using the California Emissions Estimator Model version 2020.4.0 (CalEEMod) software. CalEEMod is a statewide land use emissions computer model designed to quantify pollutant emissions associated with construction and operations from a variety of land use projects. Project emissions will be compared to the thresholds of significance promulgated by the San .Joaquin Valley Air Pollution Control District (SJVAPCD). ln the case of the GHG analysis specifically, the Project will also be analyzed for consistency with the San Joaquin Council of Governments 201-8 Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS). The RTP/SCS is a long-range visioning plan that balances future mobility and houslng needs with economic, environmental, and public health goals. The RTP/SCS establishes GHG emissions goals for automobiles and light-duty trucks for 2035 as well as an overall GHG target for the Project region.
Additionally, the Project will be analyzed for consistency with the City of Lodi Climate Action Plan (CAP).
The City of Lodi CAP is a strategic planning document that identifies sources of GHG emissions generated within the City, presents current and future emissions estimates, identifies a GHG reduction target for the future (2030), and presents strategic programs to reduce emissions from the energy, transportation, land use, water use, and waste sectors.
ECORP proposes to evaluate potential air quality and GHG emission-related impacts in a technical report.
The analysis will be supported by modeling documentation, which would be included as an appendix to the technical report.
Tosk L.3.2: Norse. The evaluation of noise impacts associated with the Project will be completed by Senior- level staff members who are noise experts. The applicable noise standards for the Project Area include those promulgated by both the City of Lodi and the County of San .loaquin since noise-sensitive residential receptors in both jurisdictions would be potentially affected by the Project. These standards will be reviewed and discussed as these standards will be the basis for the Project impact determination and whether mitigation is necessary.
3 ln order to establish the existing ambient noise levels currently experienced at the Project Site, and thus noise/land use compatibility, ECORP will first conduct two (2) long-term (24-hours) baseline noise measurements at the site in order to obtain a general representation of the existing ambient noise currently experienced in the area. The results will be reported in the Community Noise Equivalent Level (CNEL) noise metric. CNEL is a 24-hour average measurement of sound with a five decibel "weighting" during the hours of 7:00 p.m. to 10:00 p.m. and a l-0 decibel "weighting" added to noise during the hours of 10:00 p.m. to 7:00 a.m. to account for noise sensitivity in the evening and nighttime, respectively. ln addition to the 24-hour measurements, ECORP will also conduct up to three short-term (15 minutes) measurements in the Project vicinity surrounding the site in order to establish the existing ambient noise levels currently experienced in the areas surrounding the Project.
Construction would occur during implementation of the Proposed Project. Noise levels from construction sources will be analyzed using the Federal Highway Administration Roadway Construction Noise Model and based on the antic¡pated equipment to be used. ln order to evaluate the potent¡al health-related effects (physical damage to the ear) from construction noise, construct¡on noise for both onsite development and offsite improvements will be evaluated in terms of hourly equivalent continuous noise levels (Leq) and the frequency of occurrence at the nearby residences. ln addition to construction noise, an analysis of vibration impacts will be prepared based on the California Department of Transportation's vibration analysis guidance.
The evaluation of the Project's contribution to noise increases over existing conditions will be addressed.
The predominate source of noise associated with the Project would be offsite automobile traffic. Potential noise impacts from vehìcular traffic will be assessed using the U.S. Federal Highway Traffic Noise Prediction Model (FHWA-RD-77-108). The 24-hour weighted Community Noise Equivalent Levels (CNEL) will be presented in a tabular format. ECORP will require the completed Traffic lmpact Assessment to complete the evaluation of offsite traffic noise. Additionally, noise generated by onsite Project operations (i.e., internal circulation noise and standard residentialactivity on the Project Site) will be identified and addressed. ECORP proposes to evaluate noise impacts in a technical report. Where appropriate, the analysis would be supported by modeling documentation, which would be included as an appendix to the report.
Tosk L.3.3: BiologicalResources. Project, located south of the City of Lodi, San Joaquin County, California.
This BRA will cover a review of existing biological information in the region and documentation specific to the project, including an aquatic resource delineation (ARD) prepared by Helix Environmental Planning (2021), and a literature review. The literature review will include available information such as aerial photography and database queries of the CDFW California Natural Diversity Database (CNDDB), California Native Plant Society (CNPS), U.S. Fish and Wildlife Service (USFWS), and National Marine Fisheries Service (NMFS) for potentially occurring special-status species in the vicinity of the project. This assessment will also include aerial photograph interpretation and a reconnaissance-level site investigation to identifyand characterize vegetation communities present onsite and the approximate extent of potential aquatic resources based on the ARD. Vegetation communities, including riparian vegetation, will be assessed and mapped using the Manual of California Vegetation (Sawyer et al., 2009). The assessment will also include an evaluation of special-status species with potential to occur onsite based on the literature review and recon naissance-level site visit.
4 A summary of the findings will be incorporated into the biological resource's assessment report. The report will provide the regulatory context, as well as the methods, results, and recommendations for appropriate mitigation measures to address potential impacts to biological resources for incorporation into the California Environmental Quality Act (CEQA) review document. Potential impacts to biological resources will be assessed using the CEQA Appendix G Checklist. As part of the biological resource assessment, ECORP will also identify the likely required permits and approvals to implement the project design and construct the project.
Tsk 1.3.4: Cultural Resources. ECORP will prepare a Cultural Resources lnventory for the Lodi Vineyard Project, comprised of approximately 160 acres and an off-site drainage south of the City of Lodi, San Joaquin County, California. The inventory will include records search and literature review with the California Historical Resources lnformation System's (CHRIS) Central California lnformation Center (CCIC) for the entirety of the Project Area plus a 0.5-mile radius to gather previously conducted cultural resource studies. The inventory will also include an intensive pedestrian survey of the Project Area using current protocols for the identification of cultural resources, and preparation of a Cultural Resources lnventory Report.
This study will be conducted pursuant to compliance with CEQA and Section 106 of the NHPA for the identification of cultural resources. A summary of the findings will be provided in the lnventory report, following the OHP's recommended content and format. The report will provide the historic context, which is also necessary for incorporation into the CEQA document, as well as the methods, results, and recommendations.
All cultural resources efforts for the update will be conducted by or under the direct supervision of a Registered Professional Archaeologist who meets the Secretary of the lnterior's Professional Qualifications Standards for prehistoric and historical archaeology.
Tosk 1.3.5: Tribol Consultotion. (AB 52). This consultation is different than what is required under SB 1-8.
ECORP will draft all required notification letters, coordinate tribal meetings, maintain the AB 52 administrative record, and provide technical support to the agency in determining whether or not Tribal Cultural Resources will be significantly impacted by the Project. ECORP will document the consultation process and comments discussed and advise the lead agency on how to come to a conclusion to the consultation, as specified by AB 52. This cost is based on time and materials, "best efforts" basis. lf the amount of tribal involvement or requests for technical support exceed what can be accommodated by this budget, an amendment would be required to continue assisting the City.
ECORP will assist the City in consulting with California Native American tribes under Senate Bill 18 (SB 18), which requires local agencies, including cities and counties, to contact and consult with California Native American tribes prior to amending or adopting a general plan or specific plan, or designating land as open space. This consultation is different than what is required under AB 52. ECORP will draft all required notification letters, coordinate tribal meetings, maintain the SB l-8 administrative record, and provide technical support to the agency in responding to, or acting upon, comments from tribes. ECORP will document the consultation process and comments discussed and advise the lead agency on how to come to a conclusion to the consultation, as specified by SB 18. This cost is based on time and materials, "best efforts" basis. lf the amount of tribal involvement or requests for technical support exceed what can be accommodated by this budget, an amendment would be required to continue assisting the City. 5 Tosk L.3.6 Tronsportotion. Fehr & Peers will prepare a CEQA transportation impact analysis for the project.
Task 1..3.6.1: Entitlement Review
Traffic Operations
The Entitlement Review focuses on traffic operations at the following existing intersections. . Lower Sacramento Road / W Century Boulevard
. Lower Sacramento Road / W Harney Lane
. S Mills Avenue / W Harney Lane
. S Ham Lane / W Harney Lane
. S Hutchins / West Lane / W Harney Lane
ln addition, traffic operations analysis will be performed for the two project access intersections on W Harney Lane. These intersections will be analyzed using Highway Capacity Manual, 6th Edition, Transportat¡on Research Board, 20L6 methodology as applied using the Synchro software under AM and PM peak hour conditions for the following scenarios:
o ExistinB Conditions
. Existing Plus Project Conditions
Fehr & Peers will request the traffic counts for the AM (7:00 - 9:00 AM) and PM (4:00 - 6:00 PM) peak periods at the study intersections. The counts will be collected over two weekdays. As an optional task, we can also obtain multi-day turning movement volume estimates for Streetlight to verify that the small count sample is representative of typical conditions (see our blog post for more details - https://www.feh randpeers.com/evolving-standard-validation-practices-for-traffic-data/).
General Plan Consistency
Fehr & Peers will verify that the project is consistent with the land use growth increment for its affected parcel(s) in the General Plan based on the Lodi General Plan traffic model. We will calculate the growth increment based on the base and future year difference in the relevant traffic analysis zone (TAZ) or zones lf the project is consistent with the calculated increment, no further analysis of future year conditions will be needed.
Safe System Assessment
The proposed project is located within half a mile of an existing elementary school. The General Plan also shows the potential for schools on both the east and west sides of the project. We will evaluate the routing of bicycle and pedestrian school traffic for both the existing and proposed schools and identifiT issues and barriers. We will then consider opportunities for those routes, including crossings, to be low 6 stress, direct and efficient, and reflect the state of the practice in bicycle and pedestrian safety according to a Safe System approach.
Cumulative Conditions Analysis
lf the General Plan Consistency review reveals that the project is not consistent with the General Plan, Fehr & Peers can develop forecasts and analyze the traffic operations for Cumulative and Cumulative Plus Project Conditions.
Optional Task- Harney Lane Widening Fair Share Analysis (S9,240) The General Plan assumes that Harney Lane will be widened from two lanes to four lanes between Lower Sacramento Road and SR 99 in the future. Should the traffic operations analysis indicate that the proposed project would trigger the widening of Harney Lane or study intersections, Fehr & Peers can conduct a fair share analysis to determine what percentage of the cost the applicant would be responsible for.
Task 1.3.6.2: CEQA Review
Setting
Fehr & Peers will prepare an environmental setting summarizing baseline conditions and regulatory conditions that apply to the project's review of potential transportation impacts. The baseline conditions will summarize vehicle miles of travel (VMT) metrics to be used in the study as discussed below and describe physical conditions of the roadway, transit, bicycle, and pedestrian systems in the study area (generally extending along Harney Lane from Lower Sacramento Road to West Lane/Hutchison Street. The setting will rely heavily on map-based graphics, charts, and other visuals.
VMT
Fehr & Peers will prepare a VMT impact analysis in compliance with the CEQA Guidelines Section 15064.3 This new section to the Guidelines was added in response to Senate Bill (SB) 743. Our VMT analysis will rely on the methodology and threshold recommendations contained in the SB 743 lmplementation Guidelines for the City of Lodi. Our proposed scope of work based on this guidance includes the following tasks.
. Conduct VMT impact screening: Based on the project's location, land uses, baseline VMT and threshold information, a VMT impact screening will be completed to determine if any of the individual land use components qualify to be presumed as having a less than significant VMT impact. . Forecast baseline plus project VMT: The proposed project will be added to the City of Lodi travel demand model to forecast baseline plus project VMT effects. We will report the project generated home- based VMT per resident and total VMT based on TAZ outputs and the effect the project has on total regional VMT measured across the model network. For air quality, greenhouse gas (GHG), and energy impact analysis, total VMT metrics will be stratified by speed bin. lf desired, the VMT inputs for GHG can be processed to exclude external trips and proportion the VMT based on trip ends. 7 o Forecast cumulative plus project VMT: To determine cumulative plus project VMT, the City's travel demand model cumulative scenario mustfirst be reviewed to determine if any portion of the proposed project is already included in the model. This determination will be made based on the model inputs and consultation with city staff. lf necessary, one new model run will be conducted that either adds the proposed project to the model's cumulative scenario or reallocates projected residential growth to the project site. We will report the project generated home-based VMT per resident and total VMT based on TAZ outputs and the effect the project has on total regional VMT measured across the model network. For air quality, greenhouse gas (GHG), and energy impact analysis, total VMT metrics will be stratified by speed bin. lf desired, the VMT inputs for GHG can be processed to exclude external trips and proportion the VMT based on trip ends.
. Determine lmpact Significance and Test Mitigation: The project forecasts will be compared against the VMT threshold calculations to determine if a significant VMT would occur. lf a significant impact occurs, we willevaluate potential mitigation strategies to lessen the impact. After assessing mitigation feasibility, a final impact determination will be made that also includes other substantial evidence related to VMT trends including the 2018 Progress Report, California's Sustainable Communities and Climate Protection Act, California Air Resources Board, November 2018 and lhe Colifornio Air Resources Boord Improved Progrom Meosurement Would Help Colifornio Work More Strotegicolly to Meet lts Climote Chonge Goals, Auditor of the State of California, February 202L.
Transit
Fehr& Peers willqualitativelyassess potentialtrans¡t impacts by reviewingthe proposed project's physical changes to the study area's transit service. A significant impact will occur if the project disrupts existing service or interferes with planned transit service. A significant impact may also occur if a physical change proposed by the project would be inconsistent with transit policies contained in the Lodi General Plan.
Bicycle and Pedestrian
Fehr & Peers will qualitatively assess potential bicycle and pedestrian impacts by reviewing the proposed project's physical changes to the study area's bicycle and pedestrian network. A significant impact will occur if the project disrupts existing facilities or interferes with planned facilities. A significant impact may also occur if a physical change proposed by the project would be inconsistent with bicycle and pedestrian policies contained in the Lodi General Plan.
Safety
Fehr & Peers will review the proposed project changes to traffic conditions for consistency with applicable design standards under baseline plus project conditions. Specific review items will include the following.
Project changes to the volume, mix, and speed of traffic in the study area . Project modifications to the public roadway, transit, bicycle, and pedestrian systems A significant impact may occur if the project's proposed modifications are not consistent with the applicable design standards. lf this condition is identified, we will develop mitigation options that comply with the appropriate design standard.
8 As an optional task, Fehr & Peers can prepare a safety impact study that complies with the new Caltrans safety impact study guidance- https://dot.ca.gov/-/media/dot-media /programs/transportation- planning/documents/sb-743/2020-12-22-updated-interim-ldigr-safety-review-guidance-a11y.pdf. This type of study requires close coordination with City Counsel to select appropriate methodology and thresholds and how those decisions could affect tort liability.
Documentation
Fehr & Peers will prepare an administrative draft transportation impact section for the project's environmental document using a Word template provided by Placeworks. Up to 8 hours of professional time has been budgeted to respond to city comments and to prepare the public draft transportation impact section. Update to 8 additional hours have been budgeted to respond to public comments.
Meetings
Fehr & Peers will attend up to three on-line meetings during the study to collaborate on technical questions. Additional meetings can be attended on a time and materials basis upon receiving written authorization.
Task 1.3.7 Woter Supply Assessment. The proposed project includes more than 500 dwelling units and as such meets the requirements for the preparation of a Water Supply Assessment (WSA) per California Senate Bill 610 (SB 610). SB 610 requires an assessment of whether available water supplies are sufficient to serve the demand generated by the proposed project, as well as the reasonably foreseeable cumulative demand in the region over the next 20 years under average normal yeaç single dry year and multiple dry year conditions. The WSA will rely on information provided inlhe 2020 Lodi Urbon Woter Monagement PIon and water demand factors based on land use. The WSA will include the following information:
1-) Sources of water supply
2) Quantification of past, current, and projected water demands 3) Quantification of past, current, and projected water supply 4) Evaluation of drought impacts and consideration of variability in demand and supply based upon hydrologic conditions
5) Assessment of water supply sufficiency for the project, based upon this analysis. lf lt is determined that there are insufficient supplies to meet demand over the next 20 years, additional sources of supply would need to be identified. lf this is the case, the WSA will make recommendations of how and where these new supply sources will come from. The WSA can also recommend project modifications or water conservation efforts that could reduce the demand (water usage) for the proposed project. Recommended demand reductions could be incorporated into the Draft EIR for the proposed project as specific mitigation measures, project alternatives, or both. 9 Preparation of the SEIR
Task 1.4: Administrative Draft ElR. PlaceWorks will prepare an EIR in accordance with Section 15168 of the CEQA Guidelines. The EIR will rely on General Plan policies, existing regulations, ordinances, and adopted standards before recommending mitigation. Any mitigation measures will be discussed with the City to ensure that the measure is feasible. The completed Administrative Draft EIR (ADEIR) will be submitted to City staff for review and comment. As appropriate, PlaceWorks' project manager will meet with City staff to discuss the comments and make changes to the ElR. PlaceWorks will prepare a Screencheck DEIR that incorporates modifications made to the ADEIR for the City to ensure that all agreed to revisions are incorporated prior to publication. lt is assumed that review of the Screencheck DEIR will not result in any new technical analysis or substantial text revisions. For the purposes of this proposal, we assume that one round of review of the Screencheck Draft EIR by City staff will be necessary. Modification to the scope of work, budget, and time frame may be necessary if additional reviews are requested.
Task 1.5: Public Draft ElR. PlaceWorks will prepare the public Draft EIR for distribution and provide a draft Notice of Availability (NOA) for publication. Unless requested otherwise by the City, our budget assumes that PlaceWorks will reproduce and distribute the public draft f lR and NOA to the State Clearinghouse, responsible and trustee agencies, and other special interest groups and individuals identified on a distribution list to be developed in consultation with the City. lt is assumed that the City will be responsible for all newspaper notices and site postings, the County Clerk, and if necessary, will post the EIR on the City's website.
Task 1.6: Final EIR/Response to Comments/Mitigation Monitoring and Reporting Program. PlaceWorks will prepare responses to comments received on the EIR during the 45-day public review period. The Response to Comments will contain an introduction describing the EIR public review process, copies of all comment letters received, written responses to comments, and revisions to the Draft ElR, if required.
PlaceWorks willalso provide a draft of the Mitigation Monitoring and Reporting Program (MMRP).
Responses will be prepared by PlaceWorks, with input from the City and lnterwest, as needed. Responses will focus on comments that address the adequacy of the environmental document. Comments that do not address the adequacy of the EIR will be noted as such and no further response will be provided. As required by CEQA, responses to public agency comments will be provided to those agencies a minimum of 10 days prior to consideration of the project by the City Council.
Task 1.7: Findings of Fact and Notice of Determination. PlaceWorks will prepare draft findings of fact (FoF) foreach of the significant impacts identified in the ElRand the determination asto whetherthose impacts would be reduced to below a level of significance by proposed mitigation measures. Coordinating with the City, PlaceWorks will also draft statement of overriding considerations for unavoidable significant impacts that may be identified in the ElR. The FoF will be incorporated into the resolution(s) for approval of the project. PlaceWorks will draft the Notice of Determination (NOD) for the City to review before the City files the forms with the County Clerk.
10 EXHIBIT B
BudgetSummary
I.L Project Management, Administration, & Hearings
L.2 NOP & Scoping Meeting
1.3 TechnicalStudies
1.3.1 AaGUO
1.3.2 Noise
1.3.3 BiologicalResources
1.3.4 Cultural Resources
1.3.5 Tribol Consultation
1.3.6 Transportation
1.4 Admin Draft EIR
1.5 Public Draft EIR
L.6 Final EIR/ MMRP
t.7 Findings of Fact
Expenses
Totals
Totals
S8,zot
s6,455
S6,985
S8,goo
S10,78o
5r7,49o
S6,6oo
Ss9,¿99
S66,943
S6,528
Stg,ss¿
59,109
s1,650
5227,594
77 EXHIBIT C
NOTE: The City of Lodi is now using the onlíne insunnce prcrgram PINS Advantage. Once you have been awatded a contract you will receive an email from the City's onlÍne insurance program requesting you to fo¡ward the email to your insurance provide(s) to submitthe required insurance documentation electrcnically lns urance Reouirements for Desion Professionals- Archiúects/Enqineerc Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): lnsurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and comoleted operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. lf a general aggregate limit applies, either the general aggregate limit shall apply separately to this projecVlocation (lSO CG 25 03 or 25 04) or the qeneral aooreoate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto or if Contractor has no owned autos, then hired, and non- owned autos with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workerc' Compensation: as required by the State of California, with Statutory Limits, and Employe/s Liability lnsurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Professional Liability (Errors and Omissions) lnsurance appropriates to the Consultant's profession, with limits not less than S2,000,000 per occurrence or claim.
Other lnsurance Provisions:
(a) Additional Named lnsured Status
The City of Lodi, its elected and appointed boards, commissions, offìcers, agents, employees, and volunteers are to be covered as additional insureds on the CGL and auto policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractofs insurance (at least as broad as ISO Form CG20101185orif notavailable,throughtheadditionof bothCG2010,CG2026,CG2033,orCG2038;andCG2037ifa later edition is used
(b) Primarv and Non-Contributory lnsurance Endorsement
The limits of insurance coverage required may be satisfied by a combination of primary and umbrella or excess insurance. For any claims related to this contract, the Contracto/s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained bythe Entity, its officers, officials, employees, orvolunteers shall be excess of the Contractor's insurance and shall not contribute with it.
(c) Waiver of Subrooation Contractor hereby grants to City of Lodi a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Lodi by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Lodi has received a waiver of subrogation endorsement from the insurer NOTE: (1) The street address of the GILLQE-LQDLmusI be shown along with (a) and (b) and (c) above: 221 West Pine Street, Lodi, California, 95240; (2) The insurance certificate must state, on its face or as an endorsement, a description of the proiect that it is insuring.
(d) Severabilitv of lnterest Clause
The term "insured" is used severally and not collectively, but the inclusion herein of more than one insured shall not operate to increase the limit of the company's liability under the Contractors commerc¡al general liability and automobile liability policies. (e) Notice of Cancellation or Chanqe in Coveraoe Endorsement This policy may not be canceled nor the coverage reduced by the company without 30 days' prior written noticeof such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 Wesl Pine St., Lodi, CA 95240.
Page I I of2 pages I Risk: rev. 31112018
(0 Continuitv of Coveraqe
All policies shall be in effect on or before the first day of the Term of this Agreement. At least thirty (30) days pr¡or to the expiration of each insurance policy, Contractor shall furnish a certificate(s) showing that a new or extended policy has been obtained which meets the minimum requirements of this Agreement. Contractor shall provide proof of continuing insurance on at least an annual basis during the Term. lf Contracto/s insurance lapses or is discontinued for any reason, Contractor shall immediately notify the City and immediately obta¡n replacement insurance. Contractor agrees and stipulates that any insurance coverage provided to the City of Lodi shall provide for a claims period following termination of coverage which is at least consistent with the claims period or statutes of limitations found in the California Tort Claims Act (California Government Code Section 8'10 et seq.). (S) Failure to Comolv
lf Contractor fails or refuses to obtain and maintain the required insurance, or fails to provide proof of coverage, the City may obtain the insurance. Contractor shall reimburse the City for premiums paid, with interest on the premium paid by the City at the maximum allowable legal rate then in effect in California. The City shall notify Contractor of such payment of premiums within thirty (30) days of payment stat¡ng the amount paid, the name(s) of the insurer(s), and rate of interest. Contractor shall pay such reimbursement and interest on the first (1 st) day of the month following the City's notice. Notwithstanding any other provision of this Agreement, if Contractor fails or refuses to obtain or maintain insurance as required by this agreement, or fails to provide proof of insurance, the City may terminate this Agreement upon such breach. Upon such termination, Contractor shall immediately cease use of the Site or facilities and commence and diligently pursue the removal of any and all of its personal property from the site or facilities. (h) Verification of Coveraoe
Consultant shall furnish the City with a copy of the policy declaration and endorsement page(s), original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Failure to exercise this right shall not constitute a waiver of the City's right to exercise after the effective date.
(¡) Self-lnsured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retent¡on may be satisfied by either the named insured or City. 0) lnsurance Limits
The limits of insurance described herein shall not limit the liabilíty of the Contractor and Contractor's officers, employees, agents, representatives or subcontractors. Contractor's obl¡gat¡on to defend, indemnify and hold the City and its officers, officials, employees, agents and volunteers harmless under the provisions of this paragraph is not limited to or restricted by any requirement in the Agreement for Contractor to procure and maintain a policy of insurance. (k) Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors Claims Made Policies
lf any of the required policies provide coverage on a claims-made basis:
1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
2. lnsurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3. lf coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work.
(m) Qualifledlnsurer(s)
All insurance required by the terms of this Agreement must be provided by insurers licensed to do business in the State of California which are rated at least'A-, Vl" by the AM Best Ratings Guide, and which are acceptable to the City. Non-admitted surplus lines carriers may be accepted provided they are included on the most recent list of California eligible surplus lines insurers (LESLI list) and otherwise meet City requirements. (t)
Page2 | of2 pages I Risk: rev. 31112018
RESOLUTION NO. 2022-____
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE
CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE PROFESSIONAL
SERVICES AGREEMENT WITH PLACEWORKS, A PROFESSIONAL
CONSULTING FIRM, OF SANTA ANA, FOR ENVIRONMENTAL REVIEW
SERVICES FOR THE PROPOSED VINEYARD VALLEY PROJECT
========================================================================
WHEREAS, on April 20, 2022 , the Lodi City Council authorized the City Manager to execute a Professional Services Agreement (PSA) with PlaceWorks, a professional consulting firm, to provide environmental review services for the proposed Vineyard Valley project; and
WHEREAS, the City Council further authorized the City Manager to enter into a reimbursement agreement with Encore Housing Opportunity Fund III, LLC, a limited liability general partnership (Encore), to fund efforts related to processing the Vineyard Valley project ; and
WHEREAS, such agreements have been executed with PlaceWorks and Encore; and
WHEREAS, the executed PlaceWorks PSA authorizes funding not to exceed $228,000 for the preparation of an Environmental Impact Report (EIR) for the Vineyard Valley; and
WHEREAS, the reimbursement agreement also establishes that the applicant will reimburse the City for all direct costs associated with processing the Vineyard Valley project; and
WHEREAS, subsequent to execution of the PlaceWorks PSA , it was determined that additional technical studies not included in the PSA would be required; specifically, a water supply assessment at a cost of $8,800; and
WHEREAS, the City’s reimbursement agreement with Encore assures that all costs related to processing the Vineyard Valley project will be funded by the applicant.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement with PlaceWorks, of Santa Ana, California, to increase funding by $8,800 to a not -to-exceed amount of $236,800; and
BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol Manual (Res. No. 2019-223), the City Attorney is hereby authorized to make minor revisions to the above- referenced document(s) that do not alter the compensation or term, and to make clerical corrections as necessary.
Dated: August 17, 2022
======================================================================== I hereby certify that Resolution No. 202 2-____ was passed and adopted by the City Council of the City of Lodi in a regular meeting held August 17, 2022 by the following vote:
AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
OLIVIA NASHED
City Clerk
2022-____
AGENDA ITEM C-10
COUNCIL COMMUNICATION
APPROVED: _________________________________
Stephen Schwabauer, City Manager
\\cvcfilv02\pubwks$\WP\PROJECTS\STREETS\TURNER\Turner_SR99 interchange improvements\CC_SR99_Turner_08_17_2022 Amend No 1 coop_agreement.doc 8/3/2022 AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Amendment No. 1 to Cooperative Agreement with State of California for Proposed State Route 99/Turner Road Interchange Improvements
MEET
ING DATE: August 17, 2022
PRE
PARED BY: Public Works Director
RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute Amendment No. 1 to Cooperative Agreement with State of California for proposed State Route 99/Turner Road Interchange Improvements.
BA
CKGROUND INFORMATION: Since 2018, San Joaquin Council of Governments (SJCOG), in partnership with California Department of Transportation (Caltrans), the City of Lodi, and the design consultant, Drake Haglan & Associates, Inc. have collaborated to prepare the necessary environmental clearance and design documents for constructing the State Route 99 (SR99)/Turner Road Interchange Improvements (Project).
The contract between SJCOG and Drake Haglan and Associates has been expanded to provide the construction management services through Project completion.
The
project improvements include the construction of a round-a-bout located near the southerly end of the southbound Turner Road freeway off-ramp, widening Cherokee Lane (currently a one-way southbound roadway segment) into a two-way facility between Pioneer Drive and Turner Road, including Class II bike lanes in both directions and sidewalk on the westerly side of the roadway. The project also includes lengthening the SR99/Turner Road Southbound on-ramp by 400 feet to provide longer acceleration distance to merge with mainline traffic. Project construction is anticipated to begin in late 2022.
As a c
ondition of project approval, Caltrans required the City of Lodi to enter into a Cooperative Agreement with the State of California. On October 20, 2021, Council authorized the Public Works Director to execute the initial Cooperative Agreement for the State Route 99/Turner Road Interchange Project. The Cooperative Agreement is specific to the Project and outlines the terms and conditions for constructing improvements within the State right of way.
Am
endment No. 1 to the initial Cooperative Agreement includes Caltrans requested changes to the funding table and language providing a mechanism for the City to pay Caltrans for a portion of the project signal controller and cabinet that will be supplied by Caltrans.
FI
SCAL IMPACT: The Project construction and construction management services outlined in the Cooperative Agreement will be funded through a combination of State and local funding sources managed through SJCOG.
Adopt Resolution Authorizing Public Works Director to Execute Amendment No. 1 to Cooperative Agreement with State of California for Proposed State Route 99/Turner Road Interchange Improvements
August 17, 2022
\\cvcfilv02\pubwks$\WP\PROJECTS\STREETS\TURNER\Turner_SR99 interchange improvements\CC_SR99_Turner_08_17_2022 Amend No 1 coop_agreement.doc 8/3/2022 FUNDING AVAILABLE: Funding availability is dependent on California Transportation Commission (CTC) allocation. The allocation is expected to be considered at the September 2022 CTC meeting. To qualify for consideration, the Cooperative Agreement must be executed prior to this date.
_______________________________
Charles E. Swimley, Jr.
Public Works Director
CES/CES/cd
Attachment
RESOLUTION NO. 2022-____
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE
CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE COOPERATIVE
AGREEMENT WITH THE STATE OF CALIFORNIA FOR THE PROPOSED STATE ROUTE 99 / TURNER ROAD INTERCHANGE IMPROVEMENTS
========================================================================
WHEREAS, since 2018, San Joaquin Council of Governments (SJCOG), the California Department of Transportation (Caltrans), the City of Lodi, and the design consultant, Drake Haglan & Associates, Inc., have collaborated to prepare the necessary environmental clearance and design documents for constructing the State Route 99 (SR99)/Turner Road Interchange Improvements; and
WHEREAS, as a condition of project approval, Caltrans required the City of Lodi to enter into a Cooperative Agreement with the State of California; and
WHEREAS, on October 20, 2021, Council authorized the Public Works Director to execute the initial Cooperative Agreement for the State Route 99/Turner Road Interchange Project; and
WHEREAS, Amendment No. 1 to the initial Cooperat ive Agreement includes Caltrans-requested changes to the funding table and language providing a mechanism for the City to pay Caltrans for a portion of the project signal controller and cabinet that wi ll be supplied by Caltrans; and
WHEREAS, SJCOG requires the City to execute an addendum to the C ooperative Agreement; and
WHEREAS, staff recommends authorizing the City Manager to execute Amendment No. 1 to the Cooperative Agreement with State of Cali fornia for proposed State Route 99/Turner Road Interchange Improvements.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize City Manager to execute Amendment No. 1 to the Cooperative Agreement with State of California for the proposed State Route 99/Turner Road Interchange Improvements; 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: August 17, 2022
=======================================================================
I hereby certi fy that Resoluti on No. 2022-__ was passed and adopted by the City Council of the City of Lodi in a regular meeting held August 17, 2022 by the following votes:
AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
OLIVIA NASHED
City Clerk
2022-_____
AGENDA ITEM C-11
COUNCIL COMMUNICATION
APPROVED: __________________________________
Stephen Schwabauer, City Manager
\\cvcfilv02\pubwks$\WP\PROJECTS\STREETS\Garfield ADA Improvements\C_Coop Agmt_Addedum.doc 08/03/2022 AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Addendum to the Cooperative Agreement with San Joaquin County Council of Governments for Funding Allocation for the Garfield Street Safe Route to School Project
MEETING DATE: August 17, 2022
PREPARED BY: Public Works Director
RECOMMENDED ACTION: A dopt resolution authorizing City Manager to execute addendum to the cooperative agreement with San Joaquin Council of Governments (SJCOG) for funding allocation for the Garfield Street Safe Route to School Project.
BACKGROUND INFORMATION: The City received the Active Transportation Program (ATP) Cycle 5 State Grant, in the amount of $705,000, for Garfield Street Safe Route to School Project. This project will install missing sidewalks, wheelchair accessible ramps, and other incidental work on Garfield Street from Tokay Street to Poplar Street.
SJCOG serves as the Regional Transportation Authority to manage the transportation funding in the county.
The SJCOG Board of Directors approved the funding allocation request on March 25, 2021 and the use of State Measure K Renewal funds for this project. SJCOG and the City executed a Measure K Renewal Cooperative Agreement on October 28, 2021 for the funding allocation commitment.
Originally, Staff expected to complete the project in June of 2022. Due to staffing shortages, the project was delayed. The new completion date is expected to be the end of November 2022. SJCOG requires the City to execute an addendum to the cooperative agreement for the project extension.
Staff recommends authorizing City Manager to execute addendum to the cooperative agreement with SJCOG for funding allocation for the Garfield Street Safe Route to School Project.
FISCAL IMPACT: NA
FUNDING AVAILABLE: NA
___________________________
____
Charles E. Swimley, Jr
Public Works Director
P
repared by Lyman Chang, City/Engineer/Deputy Public Works Director CES/LC/cd
Attachment
c
c: Senior Civil Engineer, Nathan
Senior Traffic Engineer, Kam
Public Works Management Analyst
RESOLUTION NO. 2022-____
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE
CITY MANAGER TO EXECUTE ADDENDUM NO. 1 TO THE MEASURE K
RENEWAL COOPERATIVE AGREEMENT WITH SAN JOAQUIN COUNCIL
OF GOVERNMENTS FOR FUNDING ALLOCATION FOR THE
GARFIELD STREET SAFE ROUTE TO SCHOOL PROJECT
========================================================================
WHEREAS, the City received the Active Transportation Program (ATP) Cycle 5 State Grant, in the amount of $705,000, for Garfield Street Safe Route to School Project; and
WHEREAS, the San Joaquin Council of Governments (SJCOG) Board of Directors approved the funding allocation request on March 25, 2021 and the use of Measure K Renewal which is a State fund; and
WHEREAS, SJCOG and the City executed a Measure K Renewal Cooperative Agreement on October 28, 2021 for the funding allocation commitment; and
WHEREAS, staff expected to complete the project in June 2022, however, due to staffing shortages, the project was delayed and the new completion day is expected to be the end of November 2022; and
WHEREAS, SJCOG requires the City to execute an addendum to the cooperative agreement for the project extension; and
WHEREAS, staff recommends authorizing the City Manager to execute A ddendum No. 1 to the Measure K Renewal C ooperative Agreement with SJCOG for funding allocation for the Garfield Street Safe Route to School Project.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute Addendum No. 1 to the Measure K Renewal Cooperative Agreement with SJCOG for funding allocation for the Garfield Street Safe Route to School Project; and
BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol Manual (adopted 11/6/19, Resolution No. 2019- 223), the City Attorney is hereby authorized to make minor revisions to the above- referenced document(s) that do not alter the compensation or term, and to make clerical corrections as necessary.
Dated: August 17, 2022
=======================================================================
I hereby certi fy that Resolution No. 2022-__ was passed and adopted by the City Council of the City of Lodi in a regular meeting held August 17, 2022 by the following votes:
AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
OLIVIA NASHED
City Clerk
2022-_____
AGENDA ITEM C-12
COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Appoint Nancy St. Clair as a Greater Lodi Area Youth Commission Adult Advisor; and Appoint Brian Campbell, Nick Dalebout, and Eve Melton to the Library Board of Trustees MEETING DATE: August 17, 2022
PREPARED BY: City Clerk
RECOMMENDED ACTION: Appoint Nancy St. Clair as a Greater Lodi Area Youth Commission Adult Advisor; and appoint Brian Campbell, Nick Dalebout, and Eve Melton to the Library Board of Trustees.
BACKGROUND INFORMATION: The City Council directed the City Clerk to post for one vacancy for a Greater Lodi Area Youth Commission Adult Advisor on January 5, 2022, and for three vacancies on the Library Board of Trustees on April 20 and June 15, 2022.
T
he Mayor reviewed the applications, conducted interviews, and recommends the City Council concur with the appointment as detailed below.
APPOINTMENT:
Greater Lodi Area Youth Commission – Adult Advisor
Nancy St. Clair Term to expire May 31, 2024
Li
brary Board of Trustees
Brian Campbell Term to expire June 30, 2025
Nick Dalebout Term to expire June 30, 2025
Eve Melton Term to expire June 30, 2023
F
ISCAL IMPACT: Not applicable.
F
UNDING AVAILABLE: Not applicable.
_______________________________
Olivia Nashed
City Clerk
AGENDA ITEM C-13
COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Accept the Notice of Draft Amendments to Conflict of Interest Code for the 2022 Calendar Year Pursuant to Government Code Section 87306.5
M
EETING DATE: August 17, 2022
P
REPARED BY: City Attorney
RE
COMMENDED ACTION: Accept the notice of draft amendments to Conflict of Interest Code for the 2022 calendar year pursuant to Government Code Section 87306.5.
BACKGROUND INFORMATION: The City Council must, as the reviewing body under the California Political Reform Act, review the City’s Conflict of Interest Code biennially to determine whether or not an amendment to the Code is necessary.
The attached resolution makes draft changes to the Code based on conditions occurring since the last update for 2020 (Resolution No. 2021-11). The attached resolution is in draft form and must be published by Council to begin the 45-day public comment period on the proposed changes. A final version of the Code will be brought back to the Council for approval at its October 5, 2022 meeting.
T
he majority of the changes in the Code reflect little more than title changes of positions, the addition of new positions and consultants and the deletion of posi tions and consultants as reflected in the 2020/2021 and 2021/2022 budgets. For Council’s convenience, the changes to the Code are reflected in u nderline/strikeout form in the draft resolution attached to this Council Communication.
F
ISCAL IMPACT: Not applicable.
F
UNDING AVAILABLE: Not applicable.
________________________________
Janice D. Magdich
City Attorney
Attachment: Resolution Amending City’s Conflict of Interest Code - Draft
RESOLUTION NO.2022-____
A RESOLUTION OF THE LODI CITY COUNCIL REPEALING
RESOLUTION NO. 2021-11 THEREBY AMENDING CITY OF
LODI CONFLICT OF INTEREST CODE
============================================================================
The Political Reform Act of 1974 (Government Code section 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation (2 Cal. Code of Regs. 18730), which contains the terms of a standard conflict of interest code. After public notice and a hearing it may be amended by the Fair Political Practices Commission to conform to amendments to the Political Reform Act. Therefore, the terms of 2 California Code of Regulations 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation and the attached appendices designating officials and employees and establishing disclosure categories shall constitute the conflict of interest code of the City of Lodi.
Designated officials and employees shall file their statements with the City Clerk of the City of Lodi and such statements shall be open for public inspection and reproduction pursuant to Governm ent Code section 81008. Statements for all designated officials and employees will be retained by the City of Lodi.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. Resolution No. 2021-11 is hereby repealed in its entirety.
2. The terms of 2 California Code of R egulations Section 18730 and any amendments duly adopted by the Fair Political Practices Commission along with the attached Appendices in which officials and employees are designated and disclosure categories are set forth, are hereby incorporated by reference and constitute the Conflict of Interest Code of the City of Lodi.
3. Persons holding designated positions shall file statements of economic interest pursuant to the provisions of this code.
4. All designated officials and employees shall file their statements of economic interests with the City Clerk of the City of Lodi to whom the City Council hereby delegates the authority to carry out the duties of filing officer.
5. Failure to file the required statement in a timely fashion may result in the imposition of administrative, criminal, and civil sanctions as provided in Government Code sections 81000- 91014.
6. The effective date of this Resolution shall be ____________, 2022.
Dated: _______________, 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 ________________, 2022, by the following vote:
AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
OLIVIA NASHED
City Clerk
2022-____
2 APPENDIX A
DESIGNATED OFFICIALS AND EMPLOYEES
The following is a listing of those persons who are required to submit Statements of Economic Interests (Form 700) pursuant to the Political Reform Act of 1974, as amended:
List of designated positions required to file Form 700:
Department Position Disclosure
Category
City Manager City Manager *
Deputy City Manager/Internal Services Director 1
Business Development Manager 1
Executive Administrative Assistant 2, 3, 4
Public Information Officer 1
City Attorney City Attorney *
Deputy City Attorney 1
Risk Manager 1
Risk Management Technician** 5
City Clerk City Clerk 1
Assistant City Clerk 1
Community Development Community Development Director 1
Junior/Assistant/Associate/City Planner 1
Chief Building Official 1
Building Inspector I/II 2, 3, 6, 7
Assistant Engineer/Plans Examiner 1
Administrative Assistant** 5
Neighborhood Services Manager 1
Community Improvement Officer I/II 2, 3, 5, 7
Community Development Program Specialist** 5
Electric Utility Electric Utility Director 1
Electric Utility Superintendent 1
Engineering & Operations Manager 1
Administrative Assistant** 5
Senior Power Engineer 3, 5, 7
Senior Electrical Engineering Technician 3, 5, 7
Electrical Engineering Technician 3, 5, 7
Substation/Metering Supervisor 5, 6
Rates & Resources Manager 1
Electric Utility Business Analyst 5
Construction/Maintenance Supervisor 5, 6
Electric Foreman/Forewoman** 5, 6
Electric Materials Technician 5
Electric Distribution Operations Supervisor 5, 6
Electric Utility Resources Analyst 5
Troubleshooting Supervisor 5, 6
Field Services Supervisor 2, 5
Utility Equipment Specialist** 5
Utility Warehouse Supervisor 5, 6
Fire Fire Chief 1
3 Deputy Fire Chief 1
Fire Battalion Chief 5
Management Analyst 2, 3, 4
Fire Captain** 5
Administrative Training Officer 2,3,5,7
Internal Services/Human
Resources
Human Resources Manager 1, 8
Management Analyst - Confidential 2, 8
Human Resources Technician** 2, 8
Administrative Analyst - Confidential** 2, 8
Internal Services/
Financial Services
Accounting Manager 2, 3, 4, 8
Revenue Manager 2, 3, 4, 8
Accountant 2, 3, 4
Supervising Accountant 2, 3, 4
Customer Service Supervisor 2, 3, 4
Administrative Assistant - Confidential** 5
Internal Services/Budget Budget Manager 2, 3, 4, 8
Budget Analyst 2, 3, 4, 8
Internal Services/
Information Technology
Information Technology Manager 1
Network Administrator 5
Senior Programmer/Analyst 3, 4, 6
Network Specialist** 3, 4, 6
Library Library Director 1
Librarian 2, 3, 5, 7
Literacy & Program Manager 2, 3, 5, 7
Senior Library Assistant 2, 3, 5, 7
Library Technician 2, 3, 5, 7
Parks, Recreation and
Cultural Services
Parks, Recreation and Cultural Services Director 1
Parks, Recreation and Cultural Services Deputy Director 1 Parks Superintendent 1
Park Project Coordinator 2, 3, 5
Recreation Superintendent 2, 3, 5, 7
Recreation Manager 2, 3, 5, 7
Stage Technician 5
Building Services Supervisor 5, 7
Program Coordinator 5, 7
Park Maintenance Worker III ** 5
Park Supervisor ** 5
Senior Facilities Maintenance Worker ** 5
Administrative Assistant** 5
Administrative Analyst 2, 3, 4
Welder/Mechanic** 5
Police Police Chief 1
Police Captain 1
Management Analyst 2, 3, 4
Community Liaison Officer 2, 3, 5, 7
Animal Services Supervisor 5
4 Administrative Assistant** 5
Senior Administrative Clerk 5
Public Works Public Works Director 1
Public Works Management Analyst 2, 3, 5, 7
Transportation Manager 1
Senior Transportation Planner 2,3,5,7
Junior Transportation Planner 2, 3, 5, 7
Junior\Assistant\Associate Planner (Transportation) 2, 3, 5, 7 Senior Traffic Engineer 2,3,5,7
City Engineer/Deputy Public Works Director 1
Compliance Manager 2,3, 5, 7
Construction Project Manager 2, 3, 5, 7
Senior Civil Engineer 2, 3, 5, 7
Fleet Superintendent 2, 3, 5, 7
Facilities Superintendent 2, 3, 5, 7
Facilities Supervisor 2, 3, 5, 7
Senior Facilities Maintenance Worker ** 2, 3, 5, 7
Facilities Maintenance Worker ** 2, 3, 5, 7
Public Works Inspector 2, 3, 5, 7
Utilities Manager 1
Utilities Superintendent - PW 2, 3, 5, 7
Wastewater Plant Superintendent 2, 3, 5, 7
Water Plant Superintendent 2, 3, 5, 7
Wastewater Operations Supervisor 2, 3, 5, 7
Lead Electrician 2, 3, 5, 7
Electrician ** 2, 3, 5, 7
Laboratory Services Supervisor 2, 3, 5, 7
Parts Clerk 2, 3, 5, 7
Plant & Equipment Mechanic ** 2, 3, 5, 7
Senior Engineering Technician ** 2, 3, 5, 7
Senior Storekeeper 2, 3, 5, 7
Service Writer** 2, 3, 5, 7
Street Maintenance Worker III ** 2, 3, 5, 7
Street Maintenance Worker II ** 2, 3, 5, 7
Street Maintenance Supervisor ** 2, 3, 5, 7
Streets Superintendent 2, 3, 5, 7
Water Treatment Plant Operator III ** 2, 3, 5, 7
Water Services Technician I ** 2, 3, 5, 7
Water Services Technician II** 2, 3, 5, 7
Water/Wastewater Maintenance Worker III ** 2, 3, 5, 7
Water/Wastewater Maintenance Worker II ** 2, 3, 5, 7
Water/Wastewater Supervisor ** 2, 3, 5, 7
Watershed Program Coordinator 2, 3, 5, 7
Traffic & Sign Making Worker ** 2, 3, 5, 7
Wastewater Plant Operator 2, 3, 5, 7
Environmental Compliance Inspector 2, 3, 5, 7
Boards and
Commissions
Members of the Planning Commission *
Members of the Parks and Recreation Commission 2,3,4,6,7,8 Members of the Site Plan and Architectural Review
Committee
2,3,4,6,7,8
Members of the Library Board of Trustees 2,3,4,6,7,8
Members of the Lodi Improvement Committee 2,3,4,6,7,8
5 Members of the Lodi Arts Commission 2,3,4,6,7,8
Members of the Personnel Board of Review 2,3,4,6,7,8
Members of the Measure L Citizens Oversight Committee 2,3,4,6,7,8
Consultants by Dept:
Community Development Michael Baker International (Contract CDBG Program Administration, Neighborhood Services, and Planning
Services)
3,4,6
Interwest Consulting Group (Contract Plan Check,
Permit Tech and Inspection Services & Planning
Services)
3,4,6
Bureau Veritas (Contract Plan Check, Permit Tech
and Inspection Services)
3,4,6
Stantec Consulting Services (Contract Management
Services re Brownfield Grant)
3,4,6
4Leaf, Inc. (Contract Plan Check, Permit Tech and
Inspection Services)
3,4,6
NJ Associates, Inc. 3, 4, 6
Internal Services/Human
Resources
York Insurance Service Group 3,4,6,8
DB Claims Services Group, Inc. 3,4,6,8
Police Lodi Shelter PALS 2, 5
Public Works West Yost & Associates 3,4,6
Woodard & Curran, Inc. 3, 4, 6
WGR Southwest 3,4,6
Stantec 3,4,6
Terracon 3,4,6
HCS Engineering 3,4,6
KSN 3,4,6
Michael Baker International, Inc. 3,4,6
Petralogix 3,4,6
Siegfried 3,4,6
The Reed Group 3,4,6
WMB 3,4,6
Carollo Engineering, Inc. 3,4,6
Interwest Consulting Group, Inc. 3,4,6
NJ Associates, Inc. 3, 4, 6
Walker Consultants 3, 4, 6
Transdev Services, Inc. 3, 4, 6
LDA Partners, Inc. 3, 4, 6
Infinity Technologies 3, 4, 6
GDMD Engineering, Inc. 3, 4, 6
V&A Consulting Engineering, Inc. 3, 4, 6
Robertson Bryan, Inc. 3, 4, 6
Civil Hydro Tech, LLC 3, 4, 6
6 * Exempt from Political Reform Act of 1974, but required to file a statement of economic interest pursuant to Government Code section 87200.
** Applicable only to those employees in the position issued a Cal-Card Visa.
Designated Employees are those positions within the city who may exercise independent judgment and make or participate in the making of governmental decisions which may forseeably have a material effect on any financial interest.
Consultant means an individual who, pursuant to a contract with a state or local governmental agency:
A. Makes governmental decisions whether to:
1. approve a rate, rule or regulation;
2. adopt or enforce a law;
3. issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order or similar authorization or entitlement;
4. authorize the agency to enter into, modify, or renew a contract provided it is the type of contract which requires agency approval;
5. grant agency approval to a contract which requires agency approval and in which the agency is a party or to the specifications for such a contract;
6. grant agency approval to a plan, design, report, study or similar item;
7. adopt, or grant agency approval of policies, standards, or guidelines for the agency, or for any subdivision thereof; or
B. Serves in a staff capacity with the agency and in that capacity performs the same or substantially the same duties for the agency that would otherwise be performed by an individual holding a position specified in the agencies Conflict of Interest Code.
The City Manager or his designee may determine in writing that a particular consultant, although a “designated position” is hired to perform a range of duties that are limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant’s duties and, based upon the description, a statement of the extent of the disclosure requirements. The City Manager or his designee’s determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code.
Public Officials Who Manage Public Investments (Specified in Government Code Section 87200):
The positions listed below manage public investments and shall file a statement of economic interests pursuant to Government Code Section 87200. These positions are listed for informational purposes only.
1. Members of the Lodi City Council
2. City Manager
3. City Attorney
4. Finance Director
5. Members of the Lodi Planning Commission
An individual holding one of the above- listed positions may cont act the Fair Political Practices Commission for assistance or written advice regarding their filing obligations if they believe that their position has been categorized incorrectly. The Fair Political Practices Commission makes the final determination whether a position is covered by Government Code section 87200.
APPENDIX B
DISCLOSURE CATEGORIES
7 Individuals holding designated positions must report their interests according to their assigned disclosure category(ies).
DISCLOSURE CATEGORIES
1. All inves tments and business positions in business entities, sources of income , including loans, gifts, and travel payments, from all sources wherever located; and interests in real property located within the jurisdiction of the City of Lodi or within two (2) miles of the boundaries of the City of Lodi or within two (2) miles of any land owned or used by the City of Lodi.
2. Investments and business positions in business entities, and all sources of income , including loans, gifts, and travel payments, from all sources.
3. Interests in real property located within the jurisdiction of the City of Lodi or within two (2) miles of the boundaries of the City of Lodi or within two (2) miles of any land owned or used by the City of Lodi.
4. Investments and business positions in business entities, and sources of income from entities, including loans, gifts, and travel payments, from sources providing supplies, services, materials, equipment or machinery of the type used by the City of Lodi.
5. Investments and business positions in business entities, and income , including loans, gifts, and travel payments, from sources providing supplies, services, materials, equipment or machinery of the type used by the designated position’s division or department.
6. Investments an d business positions in business entities, and income, including loans, gifts, and travel payments, from sources, that filed a claim against the City of Lodi during the previous two (2) years, or have a claim pending with the City of Lodi.
7. Investments and business positions in business entities, and income, including loans, gifts, and travel payments, from sources of the type to request an entitlement to use agency property or facilities, including, but not limited to: licenses, utility permits, and vendor permits.
8. Investments and business positions in and income from Union Pension funds that may be affected by the outcome of negotiations involving monetary settlements of employer-employee memorandums involving the City of Lodi.
AGENDA ITEM C-14
COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Adopt Resolution Ratifying Expenditure of $1.5 Million from General Operating Reserves Held at Northern California Power Agency for August 2022 Power Supply Costs M
EETING DATE: August 17, 2022
P
REPARED BY: Electric Utility Director
RE
COMMENDED ACTION: Adopt a resolution ratifying the expenditure of $1.5 million from General Operating Reserves held at Northern California Power Agency (NCPA) for the August 2022 power supply costs.
B
ACKGROUND INFORMATION: On August 1, 2022, Lodi Electric U tility (LEU) staff met with the City’s Risk Oversight Committee (ROC) to discuss the City’s power supply costs and corresponding Energy Cost Adjustment (ECA) for the month of August.
T
he ECA, approved by the City Council in 2007, is a monthly charge or credit applied to customer utility bills based on corresponding increases or decreases in power supply costs. The ECA mitigates the need for Council to consider more frequent changes to base electric rates. Without the ECA, electric rates would need to be adjusted on a more frequent basis to ensure sufficient reserves are available to address unforeseen cost increases.
D
ue to a number of factors impacting utilities across the state including excessive temperatures, prolonged drought conditions, supply chain constraints, limited power supply resources, and increasing transmission costs to support California’s ambitious climate goals, LEU continues to see an upward trend as it relates to power supply costs.
W
hile historically the ECA has averaged at or around 2 cents per kilowatt-hour (kWh) each year, over the past year or two, LEU has seen the summer months trend higher as market prices continue to escalate when demand is at its highest and resources are limited. As a result, last year the City Council took action to use $2 million in reserves from its General Operating Reserve (GOR) to reduce both the August and September 2021 ECA for customers.
O
nce again, the utility is faced with a record high ECA for August 2022. Recognizing the impact of thes e higher than average ECA amounts on customers and their utility bills over the summer months when usage is at its highest, the City’s Risk Oversight Committee took action to approve the use of $1.5 million in reserves from its General Operating Reserve (GOR) to cover a portion of the August 2022 power supply charges to Adopt Resolution Ratifying Expenditure of $1.5 Million from General Operating Reserves Held at Northern California Power Agency for August 2022 Power Supply Costs
August 17, 2022
reduce the August 2022 ECA by approximately 35 percent - down to 5.74 cents/kWh as compared to almost 9 cents/kWh. Action was needed quickly to ensure the timely posting and release of utility bills.
LEU’s GOR provides funding for, among other things, business related areas of risk such as market power volatility and the cost of replacement power during dry year conditions for which costs cannot reasonably be forecasted and budgeted. This action, in addition to the financial assistance and discount programs offered by LEU, will provide some relief to utility customers this summer who may be experiencing other financial challenges in this current inflationary environment.
As of June 30, 2022, LEU had an available balance of approximately $11 million in its GOR held at NCPA.
Based on a number of assumptions, t his action is not anticipated to adversely impact LEU’s ability to meet current reserve target requirements adopted by Council. Currently, LEU projects a needed base rate increase by Fiscal Year 2025/26.
FISCAL IMPACT: $1.5 million will be expended from LEU’s GOR held at NCPA.
FUNDING AVAILABLE: Sufficient funding is available in LEU’s GOR held at NCPA with a balance of $10,922,475 as of June 30, 2022.
_______________________________________
Andrew Keys
Deputy City Manager/Internal Services Director
________________________________________
Jeff Berkheimer
Electric Utility Director
RESOLUTION NO. 2022-___
A RESOLUTION OF THE LODI CITY COUNCIL RATIFYING
EXPENDITURE OF $1.5 MILLION FROM GENERAL OPERATING
RESERVES HELD AT NORTHERN CALIFORNIA POWER AGENCY FOR
AUGUST 2022 POWER SUPPLY COSTS
========================================================================
WHEREAS, on August 1, 2022, Lodi Electric Utility (LEU) staff met with the City’s Risk Oversight Committee (ROC) to discuss the City’s power supply costs and corresponding Energy Cost Adjustment (ECA) for the month of August; and
WHEREAS, the ECA, approved by the City Council in 2007, is a monthly charge or credit applied to customer utility bills based on corresponding increases or decreases in power supply costs which mitigates the need for Council to consider more frequent changes to base electric rates; and without the ECA, electric rates would need to be adjusted on a more frequent basis to ensure sufficient reserves are available to address unforeseen cost increases; and
WHEREAS, due to a number of factors impacting utilit ies a cross the S tate, including excessive temperatures, prolonged drought conditions, supply chain constraints, limited power supply resources, and increasing transmission costs to support California’s ambitious climate goals, LEU continues to see an upward trend as it relates to power supply costs; and
WHEREAS, while historically the ECA has averaged at or around 2 cents per kilowatt - hour (kWh) each year, over the past year or two, LEU has seen the summer months trend higher as market prices continue to e scalate when demand is at its highest and resources are limited; and as a result, last year the City Council took action to use $2 million in reserves from its General Operating Reserve (GOR) to reduce both the August and September 2021 ECA for customers; and
WHEREAS, once again, the utility is faced with a record high ECA for August 2022; and
WHEREAS, recognizing the impact of these higher than average ECA amounts on customers and their utility bills over the summer months when usage is at its highest, t he City’s Risk Oversight Committee took action to approve the use of $1.5 million in reserves from its General Operating Reserve (GOR) to cover a portion of the August 2022 power supply charges to reduce the August 2022 ECA by approximately 35 percent - down to 5.74 cents/kWh as compared to almost 9 cents/kWh; and
WHEREAS, action was needed quickly to ensure the timely posting and release of utility bills; and
WHEREAS, LEU’s GOR provides funding for, among other things, business related areas of risk such as market power volatility and the cost of replacement power during dry year conditions for which costs cannot reasonably be forecasted and budgeted; and
WHEREAS, this action, in addition to the financial assistance and discount programs offered by LEU, will provide some relief to utility customers this summer who may be experiencing other financial challenges in this current inflationary environment; and
WHEREAS, as of June 30, 2022, LEU had an available balance of approximately $11 million in its GOR held at Northern California Power Agency (NCPA).
NOW, THEREFORE, BE IT RESOLVED that - the Lodi City Council does hereby ratify the expenditure of $1 .5 million from the GOR held at NCPA for August 202 2 power supply costs.
Dated: August 17, 2022
========================================================================
I hereby certi fy that Resolution No. 2022-__ was passed and adopted by the City Council of the City of Lodi in a regular meeting held August 17, 2022 by the following votes:
AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
OLIVIA NASHED
City Clerk
2022-_____
AGENDA ITEM C-15
COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Receive Report Regarding Communication Opposing Senate Bill 932 M
EETING DATE: August 17, 2022
P
REPARED BY: City Clerk
RE
COMMENDED ACTION: Receive report regarding communication opposing Senate Bill 932.
B
ACKGROUND INFORMATION: The City received a request for communication from the League of California Cities conveying opposition of SB 932.
T
he proposed amendments to SB 932 mandate agencies to develop and implement pedestrian and bike safety elements into their general plans. Application of the new safety measures and evaluation of their effectiveness would need to be completed within 25 years of the passing of the senate bill. However, SB 932 does not provide clear standards or expectations on what improvements must be made to City infrastructure.
Additionally, due to the ambiguous nature of the senate bill, the City would be become susceptible to new legal risks.
T
he attached letter, signed by Mayor Chandler, was sent out on August 2, 2022, due to the bill having passed through the Senate and onto the House of Representatives.
F
ISCAL IMPACT: Not applicable.
F
UNDING AVAILABLE: Not applicable.
________________________________________
O livia Nashed
City Clerk
AGENDA ITEM C-16
COUNCIL COMMUNICATION
APPROVED: _ __________________________________
Stephen Schwabauer, City Manager
\\pwadc02\msc$\GROUP\WWW\SWTF\REPORTS\PHG REPORTS\2022 PHG Report\CC Set Public Hearing PHG 2022.doc 8/2/22 AGENDA TITLE: Set Public Hearing for September 21, 2022, to Receive Comments on and Consider Accepting City of Lodi's Report on Water Quality Relative to Public Health Goals
M
EETING DATE: August 17, 2022
P
REPARED BY: Public Works Director
RE
COMMENDED ACTION: S et Public Hearing for September 21, 2022, to receive comments on and consider accepting City of Lodi’s report on water quality relative to public health goals.
B
ACKGROUND INFORMATION: The Public Health Goals Report is prepared by Public Works staff comparing Lodi’s drinking water with California Environmental Protection Agency’s (Cal EPA) public health goals (PHGs) and with the United States Environmental Protection Agency (USEPA) maximum contaminant level goals (MCLGs).
PHGs and MCLGs are not enforceable standards and no action to meet them is required.
C
alifornia Code of Regulations, Title 22, Section 116470, mandates a Public Health Goals Report be prepared every three years. The report is intended to provide water quality information to the public in addition to the Annual Water Quality Report, which the City mails to each customer by July 1st of each year. The draft report has been made available on the City’s website at www.lodi.gov/528. The law requires a public hearing be held (which can be part of a regularly scheduled public meeting) for the purpose of accepting and responding to public comment on the draft report.
T
he City’s water system complies with all of the health-based drinking water standards and maximum contaminant levels as required by the State Water Resources Control Board, Division of Drinking Water and the US EPA. No additional actions are required or recommended.
F
ISCAL IMPACT: Not applicable.
F
UNDING AVAILABLE: Not applicable.
_______________________________
Charles E. Swimley, Jr.
Public Works Director
P
repared by Travis Kahrs, Water Plant Superintendent – Public Works Attachment
AGENDA ITEM H-01
COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Receive Direction from City Council on Dedicating Staff Time towards Initiating the Surplus Lands Act Process for the Old Firehouse Located on Real Property located at 114 North Main Street in Lodi for the Purpose of Lease or Purchase M
EETING DATE: August 17, 2022
P
REPARED BY: Business Development Manager
RE
COMMENDED ACTION: Receive direction from City Council on dedicating staff t ime towards initiating the Surplus Lands Act p rocess for real property located at 114 North Main Street in Lodi.
B
ACKGROUND INFORMATION: The old Firehouse is located on Block 29 of the Assessor’s Map, and the City ownership encompasses 2.46 acres, or about 75 percent of Block 29.
The Firehouse is located on 5,500 square feet of the western half of the site on about .624 acres. It is a two-story building built in 1912 that originally served as the City’s first firehouse and city hall. The gross building area is about 3,150 square feet. The building and roof are in poor condition, and while no current conditions report exists, the building may not be structurally sound. While a city water tower and a secured yard for equipment and materials are also located on the western portion of the block, the initiation of the Surplus Lands Act would not include these improvements.
S
hould City Council approve the dedication of staff time towards initiating the Surplus Lands Act process, additional due diligence providing more detailed information concerning the old structure, area of land, valuation, and other physical site considerations will be presented.
F
ISCAL IMPACT: No fiscal impact beyond staff time is associated with this Council Communication.
F
UNDING AVAILABLE: Not applicable.
________________________________________
A strida Trupovnieks
Business Development Manager
AGENDA ITEM H-02
COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Introduce Ordinance Repealing and Reenacting Lodi Municipal Code Chapter 13.04 “Service Generally” in its Entirety, Including Adding Section 13.04.030(F) “Temporary Payment Plan Provisions” to Provide Repayment Options for High Balance Delinquent Utility Accounts , and Adopt Resolution Approving Payment Plans Using the Criteria Outlined in Proposed Section 13.04.030(F) Granted to Customers by the Director of Finance from August 3, 2022 Through the Effective Date of the Proposed Ordinance M
EETING DATE: August 17, 2022
P
REPARED BY: Deputy City Manager
RE
COMMENDED ACTION: Introduce Ordinance Repealing and Reenacting Lodi Municipal Code Chapter 13.04 “Service Generally” in its Entirety, Including Adding Section
13.04.030(F) “Temporary Payment Plan Provisions” to Provide Repayment Options for High Balance Delinquent Utility Accounts, and Adopt Resolution Approving Payment Plans Using the Criteria Outlined in Proposed Section 13.04.030 (F) Granted to Customers by the Director of Finance from August 3, 2022 Through the Effective Date of the Proposed Ordinance
B
ACKGROUND INFORMATION: On July 26, 2022, staff took the first steps necessary to begin service suspension for non-payment (SNP) for delinquent utility accounts for the first time since March 2020. The first step was issuing late fees on all delinquent accounts and sending the appropriate notices. The first date SNP could resume would be August 22. On August 3, 2022, City Council , by unanimous motion, provided direction to staff to continue the SNP process initiated on July 26, 2022. Further, Council directed staff to accept the California Arrearage Payment Program (CAPP) funding approved for active residential accounts to address delinquencies accrued during the COVID -19 pandemic through December 31, 2021 , and to return to Council with temporary payment plan provisions to assist customers in addressing higher than usual delinquent account balances accrued during the pandemic.
S
taff authority to grant payment plans for delinquent utilities is derived from Lodi Municipal Code Section
13.04.030 “Bill Payment and Delinquency”. Staff proposes adding a new Subsection ( F) to Section13.04.030 titled “Temporary Payment Plan Provisions”. Subsection (F) as proposed reads:
F. Temporary Payment Plan Provisions. When in the opinion of the director of finance, the customer can demonstrate a financial hardship as the result of the COVID -19 pandemic, or a financial hardshi p
caused by a large delinquent utility balance with the City of Lodi, the director of finance or designee may negotiate a repayment schedule for delinquent amounts accrued by the customer using these special provisions. The payment plan must be no longer than 6 months in duration, the customer must remain current on both payment plan and current bil l amounts, and the customer must make a substantial down payment in good faith to initiate the payment plan. No more than two repayment schedules may be allowed during the period August 3, 2022 through the close of business on June 29, 2023. The customer is eligible for a second payment plan even if the customer is unable to pay the first plan to zero during the original scheduled term provided the beginning balance of the new plan is less than the original balance of the first plan. This subsection (F) shall terminate at the close of business on June 29, 2023, unless extended by action of the city council.
Key Provisions of the temporary payment plans are:
• Plans can be no longer than 6 months;
• Customers are only eligible for 2 plans during the temporary period; • The second plan must be for a beginning principle balance that is less than the first plan; • Temporary provisions expire at the close of business June 29, 2023; and • The Director of Finance and designee have the ability to offer these plans to utility customers.
The proposed amendment to the Lodi Municipal Code is not eligible for emergency (immediate) action. Given the SNP process is currently underway and account shut off s will begin Monday, August 22, 2022, staff has taken the liberty to offer payment plans under the criteria of proposed Section 13.04.030(F) , which is in conformance with Council direction to staff at the August 3, 2022, Council meeting. Therefore, in addition to the Ordinance change, staff is requesting Council adopt a resolution approving payment plans entered into from August 3, 2022 through the effective date of the proposed ordinance repealing and reenacting Chapter 13.04.
FISCAL IMPACT: Currently elevated balances on delinquent accounts puts a higher than normal risk on utility collections. More flexible repayment options give customers the ability to better manage full repayment of amounts owed. More flexible repayment plans also elevate the risk customers will look to other remedies to handle high account balances, primarily leaving their residence or filing bankruptcy. However, given the currently elevated risk created by the high balance of delinquent accounts, the recommended extension of more lenient repayment terms should lead to increased collections while at the same time providing customers the ability to maintain utility service.
FUNDING AVAILABLE: N/A
_______________________________________
Andrew Keys
Deputy City Manager/Internal Services Director
RESOLUTION NO. 2022-____
A RESOLUTION OF THE LODI CITY COUNCIL APPROVING PAYMENT
PLANS USING THE RECOMMENDED CRITERIA OUTLINED IN THE
PROPOSED AMENDMENT ADDING SECTION 13.04.030(F) “TEMPORARY PAYMENT PLAN PROVISIONS” TO LODI MUNICIPAL CODE CHAPTER 13.04 INTRODUCTED AUGUST 17, 2022, GRANTED BY THE DIRECTOR OF FINANCE FOR THE PERIOD AUGUST 3, 2022, THROUGH AND UNTIL THE
EFFECTIVE DATE OF THE PROPOSED ORDINANCE
========================================================================
WHEREAS, on August 3, 2022, the Lodi City Council , by unanimous motion, directed staff to continue with Suspension for Nonpayment (SNP) of utility accounts; and
WHEREAS, due to a variety of factors, including 29- months of penalty-free billing, rising electric costs, COVID -19 pandemic, economic challenges and expectation of government bailout, customers of Lodi utilities have accrued delinquent balances on average that are higher than historical norms; and
WHEREAS, the City Council desires to provide additional and temporary flex ibility to customers to address these elevated account balances and introduced an amendment to Lodi Municipal Code Section 13.04.030 adding subsection (F) entitled, “Temporary Payment Plan Provisions,” on August 17, 2022; and
WHEREAS, the first accounts eligible for SNP will be shut off beginning on August 22, 2022; and
WHEREAS, adding Section 13.040.030(F) is not eligible for emergency adoption; and
WHEREAS, to implement the direction of City Council, the Director of Finance has begun to enter into paym ent arrangements with customers meeting the criteria outlined in the proposed ordinance adding Section 13.04.030(F); and
WHEREAS, the City Council directs staff to continue offering these payment plans between August 3, 2022 and the effective date of the proposed ordinance adding Section 13.04.030(F) to the Lodi Municipal Code Chapter 13.04.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve repayment arrangements meeting the criteria outlined in proposed Lodi Municipal Code Section
13.04.030(F), introduced at the August 17, 2022 Council meeting, and granted to customers by the Director of Finance between August 3, 2022 and the effective date of proposed ordinance adding Section 13.04.030(F) to the Lodi Municipal Code Chapter 13.04.
Date: August 17, 2022
======================================================================== I hereby certify that Resolution No. 2022-____ was passed and adopted by the Lodi City Council in a regular meeting held August 17, 2022, by the following vote:
AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
OLIVIA NASHED
City Clerk
2022-____