Agenda — Lodi City Council, September 21, 2022

Revised 10/2021 9/14/2022 1:13 PM

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)

C-3 Adjourn to Closed Session

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

C-4 Return to Open Session / Disclosure of Action
A. Call to Order / Roll Call
B. Presentations
B-1 Pink Patch Project Month Proclamation (PD)

B-2 Lodi Rotary Club Centennial Proclamation (CLK)

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: September 21, 2022
Time: Closed Session 6:45 p.m.

Regular Meeting 7:00 p.m.

CITY COUNCIL AGENDA
SEPTEMBER 21, 2022

PAGE TWO

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

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

C-1 Receive Register of Claims for July 29, 2022 through September 1, 2022 in the Total Amount of $20,284,088.27 (FIN)

C-2 Approve Minutes (CLK)
a) August 16, August 23, August 30, September 6, and September 13, 2022 (Shirtsleeve Sessions) b) September 7, 2022 (Regular Meeting)

C-3 Accept Quarterly Investment Report as Required by City of Lodi Investment Policy (FIN)

C-4 Accept Quarterly Report of Purchases between $10,000 and $60,000 (FIN)

Res. C-5 Approve Specifications and Authorize Advertisement for Bids for 2022 Downtown Concrete Cleaning, and Adopt Resolution Authorizing City Manager to Award Contract to Lowest Responsive Bidder ($28,000), Authorizing City Manager to Execute Change Orders ($2,000), and Appropriating Funds ($5,000) (PW)

Res. C-6 Approve Specifications and Authorize Advertisement for Bids for Peterson Park Tennis Court Resurfacing, and Adopt Resolution Authorizing City Manager to Award Contract to Lowest Responsive Bidder ($55,000), and Authorizing City Manager to Execute Change Orders ($5,000) (PW)

Res. C-7 Adopt Resolution Authorizing City Manager to Award Contract for Beckman Park Small Dog Park Improvements to Emert Construction, of Stockton ($71,099) and to Execute Change Orders ($5,000), and Appropriate Funds ($5,000) (PRCS)

Res. C-8 Adopt Resolution Authorizing City Manager to Execute Change Orders to 2021- 2023 Tree Maintenance Contract with West Coast Arborists, Inc., of Anaheim ($330,324) (PW)

Res. C-9 Adopt Resolution Authorizing City Manager to Execute Change Orders for Additional $72,000 for Stormwater Trash Collection Project – Phase 2 (2021) (PW)

C-10 Accept Improvements Under Contract for Stormwater Trash Collection Project - Phase 3 (2022) (PW)

Res. C-11 Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement with Casey Printing, Inc., of King City, for Recreation Activity Guide Printing for Parks, Recreation and Cultural Services Department ($111,493 for up to Five Years) (PRCS)

Res. C-12 Adopt Resolution Authorizing City Manager to Execute Amendment 2 to Professional Services Agreement with Power Centric Solutions, LLC, of Gallatin, TN, for Lodi Electric Utility Engineering System Study Services ($125,000) (EU)

Res. C-13 Adopt Resolution Authorizing City Manager to Accept 2021 AFG Grant Award (EMW-2021-FG-01313) and Execute All Necessary Documents to Participate in Advanced Life Support Program and Appropriate Funds ($930,928) (FD)

Res. C-14 Adopt Resolution Ratifying Expenditure of One Million Dollars from General Operating Reserves Held at Northern California Power Agency for September 2022 Power Supply Costs (EU)

Res. C-15 Adopt Resolution Accepting and Attesting to Veracity of 2021 Lodi Electric Utility Power Source Disclosure and Power Content Label Reports and Authorizing Electric Utility Director to Submit Required Reports to California Energy Commission (EU)

CITY COUNCIL AGENDA
SEPTEMBER 21, 2022

PAGE THREE

Res. C-16 Adopt Resolution Amending Traffic Resolution No. 97-148 by Approving No Parking along North Side of Lodi Avenue from Lower Sacramento Road East Approximately 1,000 Feet; Approving Two-Way Stop Controls on Bloomfield Drive at Concerto Street, Valencia Street at Cornelia Avenue, Cornelia Avenue at Ashton Street, Pegasus Drive at Ashton Street, and Celebration Drive at Heirloom Avenue; Approving Yield Control on Marigold Way at Primrose Drive, Calla Drive at Tulip Way, Gladiola Drive at Tulip Way, and Zinnia Way at Calla Drive; and Approving Berlanda Lane and Lebaron Boulevard from Reynolds Ranch Parkway to Olympic Avenue as Through Streets (PW)

C-17 Appoint Aubrey Jomaoas, Emma Winn, Finn Moran, Liliana Hillstrom, and Reed Waters to the Greater Lodi Area Youth Commission (CLK)

Res. C-18 Adopt Resolution Amending Lodi Senior Citizens Commission Bylaws (PRCS)

Res. C-19 Adopt Resolution Authorizing Destruction of Certain Citywide Records in Accordance with the Government Code and the City’s Record Management Policy (CLK)

C-20 Receive Report Regarding Communication Pertaining to Assembly Bill 1951 (Grayson): Sales and Use Tax Exemptions: Manufacturing (CLK)

C-21 Receive Report Regarding Communication Pertaining to Assembly Bill 2550 (Arambula): State Air Resources Board: Ambient Air Quality Standards: Nonattainment Districts (CL K)

C-22 Set Public Hearing for September 27, 2022 to Consider Adopting Resolution Approving 2021-22 Community Development Block Grant (CDBG) Consolidated Annual Performance and Evaluation Report (CAPER) (CD)

C-23 Set Public Hearing for October 19, 2022 to Consider Adopting Resolution Setting Future Solid Waste Rate Schedules Pursuant to Proposition 218 (PW)

D. Comments by the Public on Non-Agenda Items

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

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

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

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

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

G. Public Hearings

G-1 Public Hearing to Receive Comments on and Consider Accepting City of Lodi's Report on Water Quality Relative to Public Health Goals (PW)

H. Regular Calendar

Res. H-1 Adopt Resolution Approving Memorandum of Understanding Between City of Lodi and Lodi Professional Firefighters for Period January 1, 2023 through December 31, 2025 (HR)

Res. H-2 Adopt Resolution Approving Memorandum of Understanding Between City of Lodi and Lodi City Mid-Management Association for Period January 1, 2023 through December 31, 2025 (HR)

CITY COUNCIL AGENDA
SEPTEMBER 21, 2022

PAGE FOUR

Res. H-3 Adopt Resolution Approving Compensation and Other Benefits for Confidential Mid- Management Employees for Period January 1, 2023 through December 31, 2025 (HR)

Res. H-4 Adopt Resolution Approving Addition of One Customer Service Representative in Finance Division of Internal Services Department and to Appropriate Funds ($67,800) (HR)

Res. H-5 Adopt Resolution Approving Amendment to Hiring Bonus and Employee Referral Program to Include Lateral Dispatcher/Jailer (HR)

Res. H-6 Adopt Resolution Approving Salary Adjustment for City Planner Classification (HR)

I. Ordinances

Ord. I-1 Adopt Ordinance No. 2004 Entitled, “An Ordinance of the Lodi City Council Repealing and Reenacting (Adopt) Lodi Municipal Code Chapter 13.04, ‘Service Generally,’ in Its Entirety” (CLK)

J. Adjournment

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

______________________________
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 Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. To make a request for disability-related modification or accommodation contact the City Clerk’s Office as soon as possible and at leas t 72 hours prior to the meeting date. Language interpreter requests must be received at least 72 hours in advance of the meeting to help ensure availability. Contact 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 B-01

COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Presentation of Proclamation Proclaiming October 2022 as Pink Patch Project Month M
EETING DATE: September 21, 2022
P
REPARED BY: Chief of Police
RE
COMMENDED ACTION: Presentation of proclamation proclaiming October 2022 as Pink Patch Project month.

B
ACKGROUND INFORMATION: In October 2015, the Pink Patch Project was launched at the Irwindale Police Department. The idea arose in 2013 after the Irwindale Police Chief discovered that several family members of the department had lost their battles with breast cancer.

T
he Irwindale Police Officers Association created pink patches and T-shirts and raised over $20,000 for the City of Hope nonprofit by selling their items at Coffee with a Cop and National Night Out events. The pink patches were also displayed on uniforms for the entire month of October 2015. Through the use of social media and news outlets, the Pink Patch Project became a nationwide campaign. The City of Lodi Police Department is the 45th California law enforcement agency to participate in the Pink Patch Project. All agencies donate all proceeds to local non-profits in support of cancer awareness and survival.

M
any of the Lodi Police Department staff have been affected by breast cancer; both personally fighting the disease or as a consequence of a family member or loved one. For those suffering physically and emotionally within the department and in the Lodi community, we support you. Wearing the pink patches is just a small gesture the Lodi Police Department can make to show our encouragement. The Lodi Police Mid Managers Association will also be sponsoring the sales of Pink Patches to show support and raise money for Cancer Kids of San Joaquin. Pink Patches can be purchased on the LPD Pink Patch Project Facebook page.

T
he Lodi Police Department would like to declare the month of October Pink Patch Project and proudly display pink patches and hash marks to support cancer awareness and survival.

F
ISCAL IMPACT: Not applicable
F
UNDING AVAILABLE: Not applicable
_______________________________________

Sierra Brucia
Chief of Police
AGENDA ITEM B-02

COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Presentation of Proclamation Honoring the Lodi Rotary Club’s Centennial Celebrated on September 17, 2022
M
EETING DATE: September 21, 2022
P
REPARED BY: City Clerk
RE
COMMENDED ACTION: Presentation of proclamation honoring the Lodi Rotary Club’s Centennial celebrated on September 17, 2022.

B
ACKGROUND INFORMATION: The Mayor will present a proclamation honoring the Lodi Rotary Club’s Centennial celebrated on September 17, 2022. Representatives from the Lodi Rotary Club will attending the meeting to accept the proclamation.

F
ISCAL IMPACT: Not applicable.

F
UNDING AVAILABLE: Not applicable.
_______________________________________

Olivia Nashed
City Clerk

AGENDA ITEM C-01

COUNCIL COMMUNICATION

APPROVED: ________________________________
Stephen Schwabauer, City Manager

AGENDA TITLE: Receive Register of Claims for July 29, 2022 through September 1, 2022 in the Total Amount of $20,284,088.27

MEETING DATE: September 21, 2022

PREPARED BY: Internal Services Director

RECOMMENDED ACTION: Receive the attached Register of Claims for $20,284,088.27.

BACKGROUND INFORMATION: Attached is the Register of Claims in the amount of $20,284,088.27 for July 29, 2022 through September 1 , 2022. Also attached is Payroll in the amount of $1,979 ,154.17 through August 7 , 2022 and $1,972,525.79 through August 21, 2022. This report covers one month of claims and two pay periods.

FISCAL IMPACT: Not applicable.

FUNDING AVAILABLE: As per attached report.

_______________________________________
Andrew Keys
Deputy City Manager/Internal Services Director

Fund Fund Title Amount
100 General Fund $3,994,770.25
103 Measure L $1,694.50
104 American Rescue Plan $24,126.25
120 Library Fund $30,629.47
140 Expendable Trust $402,963.36
200 Parks Rec & Cultural Services $62,095.08
213 LPD-Public Safety Prog AB 1913 $21,635.01
216 PD Misc Grants $711.16
270 Comm Dev Special Rev Fund $72,138.74
300 Street Fund $3,273.00
301 Gas Tax-2105 2106 2107 $89,988.40
302 Gas Tax -2103 $3,274.95
303 Measure K Funds $171,174.52
305 TDA - Streets $2,076.00
331 LTF-Pedestrian/Bike $4,944.50
350 H U D $111,531.99
355 GRANTS COMM. IMPR $60,929.15
431 Capital Outlay/General Fund $15,000.00
432 Parks & Rec Capital $31,957.79
437 IMF Parks & Rec Facilities $10,973.42
500 Electric Utility Fund $11,106,274.24
501 Utility Outlay Reserve Fund $334,986.00
504 Public Benefits Fund $20,713.46
508 Environmental Compliance $186,511.00
530 Waste Water Utility Fund $347,135.31
531 Waste Wtr Util-Capital Outlay $50,252.11
560 Water Utility Fund $523,910.89
561 Water Utility-Capital Outlay $315,913.04
565 PCE/TCE Rate Abatement Fund $5,973.65
590 Central Plume $81.38
600 Dial-a-Ride/Transportation $225,798.42
601 Transit Capital $1,348.75
641 Equipment replacement $33,000.00
643 Vehicle replacement PD $60,893.13
647 Vehicle replacement PRCS $31,984.23
AP Council Report Summary
7/29/2022-9/1/2022
City of Lodi Live v2020.3 9/6/2022 8:15:10 AM
648 Vehicle replacement Code Enf $29,271.31
650 Internal Service/Equip Maint $148,504.23
655 Employee Benefits $856,617.29
660 General Liabilities $888,942.29
665 Worker's Comp Insurance $90.00
Total $20,284,088.27
City of Lodi Live v2020.3 9/6/2022 8:15:10 AM
Fund Description Amount
$981,098.92
$213,042.83
$20,896.18
$145,682.36
$15.00
$4,205.33
$41,568.86
$40,149.07
$246,094.71
$61,553.75
$156,920.76
$34,616.70
$8,749.26
$17,133.89
$7,426.55
Report Total $1,979,154.17
Council Report: Payroll
Pay Period: 8/7/2022
100 General Fund
103 Measure L
120 Library Fund
200 Parks Rec & Cultural Services
206 Misc Grants
214 LPD-OTS Grants
270 Comm Dev Special Rev Fund
301 Gas Tax-2105 2106 2107
500 Electric Utility Fund
501 Utility Outlay Reserve Fund
530 Waste Water Utility Fund
655 Employee Benefits
560 Water Utility Fund
600 Dial-a-Ride/Transportation
650 Internal Service/Equip Maint
City of Lodi Live v2020.3 8/22/2022 7:30:32 AM
Fund Description Amount
$955,489.14
$231,449.80
$21,359.02
$141,571.48
$300.16
$10,255.44
$46,026.38
$44,083.78
$251,113.92
$54,924.83
$156,409.73
$31,860.89
$8,749.25
$18,931.97
Report Total $1,972,525.79
Council Report: Payroll
Pay Period: 8/21/2022
100 General Fund
103 Measure L
120 Library Fund
200 Parks Rec & Cultural Services
206 Misc Grants
214 LPD-OTS Grants
270 Comm Dev Special Rev Fund
301 Gas Tax-2105 2106 2107
500 Electric Utility Fund
501 Utility Outlay Reserve Fund
530 Waste Water Utility Fund
560 Water Utility Fund
600 Dial-a-Ride/Transportation
650 Internal Service/Equip Maint
City of Lodi Live v2020.3 9/6/2022 7:46:20 AM
AGENDA ITEM C-02

COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Approve Minutes
a) August 16, 2022 (Shirtsleeve Session)
b) August 23, 2022 (Shirtsleeve Session)
c) August 30, 2022 (Shirtsleeve Session)
d) September 6, 2022 (Shirtsleeve Session)
e) September 7, 2022 (Regular Meeting)
f) September 13, 2022 (Shirtsleeve Session)
M
EETING DATE: September 21, 2022
P
REPARED BY: City Clerk
RE
COMMENDED ACTION: Approve the following minutes as prepared:
a) August 16, 2022 (Shirtsleeve Session)
b) August 23, 2022 (Shirtsleeve Session)
c) August 30, 2022 (Shirtsleeve Session)
d) September 6, 2022 (Shirtsleeve Session)
e) September 7, 2022 (Regular Meeting)
f) September 13, 2022 (Shirtsleeve Session)
B
ACKGROUND INFORMATION: Attached is a copy of the subject minutes marked Exhibit A through F, respectively.

FISCAL IMPACT: Not applicable.

FUNDING AVAILABLE: Not applicable.
_______________________________

Olivia Nashed
City Clerk
Attachments

LODI CITY COUNCIL

SHIRTSLEEVE SESSION
CARNEGIE FORUM, 305 WEST PINE STREET
TUESDAY, AUGUST 16, 2022
The August 16, 2022, Informal Informational Meeting ("Shirtsleeve" Session) of the Lodi City Council was canceled.

ATTEST:

Olivia Nashed
City Clerk
1 Exhibit A

LODI CITY COUNCIL

SHIRTSLEEVE SESSION
CARNEGIE FORUM, 305 WEST PINE STREET
TUESDAY, AUGUST 23, 2022
The August 23, 2022, Informal Informational Meeting ("Shirtsleeve" Session) of the Lodi City Council was canceled.

ATTEST:

Olivia Nashed
City Clerk
1 Exhibit B

LODI CITY COUNCIL

SHIRTSLEEVE SESSION
CARNEGIE FORUM, 305 WEST PINE STREET
TUESDAY, AUGUST 30, 2022
The August 30, 2022, Informal Informational Meeting ("Shirtsleeve" Session) of the Lodi City Council was canceled.

ATTEST:

Olivia Nashed
City Clerk
1 Exhibit C

LODI CITY COUNCIL

SHIRTSLEEVE SESSION
CARNEGIE FORUM, 305 WEST PINE STREET
TUESDAY, SEPTEMBER 6, 2022
The September 6, 2022, Informal Informational Meeting ("Shirtsleeve" Session) of the Lodi City Council was canceled.

ATTEST:

Olivia Nashed
City Clerk
1 Exhibit D

LODI CITY COUNCIL

REGULAR CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, SEPTEMBER 7, 2022
The September 7, 2022, Regular Meeting of the Lodi City Council was canceled.

ATTEST:

Olivia Nashed
City Clerk
1 Exhibit E

LODI CITY COUNCIL

SHIRTSLEEVE SESSION
CARNEGIE FORUM, 305 WEST PINE STREET
TUESDAY, SEPTEMBER 13, 2022
An Informal Informational Meeting ("Shirtsleeve" Session) of the Lodi City Council was held Tuesday, September 13, 2022, commencing at 7:00 a.m.

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

Absent: None
Also Present: City Manager Schwabauer, City Attorney Magdich, and Assistant City Clerk Farris Parks, Recreation and Cultural Services Director Christina Jaromay provided a PowerPoint presentation regarding the Lodi Lake Nature Area. Specific topics of discussion included Lodi Lake visitation, calls for service, considerations to mitigate future violations, current signage, and sample of updated signage.

In response to Mayor Chandler, Director Jaromay stated that the two retired annuitants are for all of the parks, not just Lodi Lake.

City Manager Schwabauer stated that CalPERS may be changing the rules governing the hiring of retired annuitants, which will affect those positions.

In response to Council Member Nakanishi, Director Jaromay stated staff is not recommending the hiring of any additional retired annuitants at this time.

Mayor Chandler suggested signage in Spanish.

Council Member Nakanishi stated the Nature Area is now crowded and patrons are not following the rules. He noted that there will be a cost to enforcing the rules and feels the public will need to start paying to help offset that cost.

Council Member Kuehne concurred with Council Member Nakanishi.

Council Member Khan stated that Lodi Lake is a great place for the citizens of Lodi and he appreciated the suggestions. He stated the park needs to be kept safe and clean.

In response to Mayor Chandler’s question regarding revenue enhancement, Director Jaromay stated that she does not have projections at this time but Lodi Lake was considered during the recent fee study. She stated that in order to have a minimal impact on citizens, the entrance fee for citizens was raised from $4 to $5 and the annual pass remained at $50. Director Jaromay stated that staff can return to Council with additional revenue information.

In response to Mayor Pro Tempore Hothi, City Manager Schwabauer stated that the $2.5 million allocated for the Lodi Lake project included funding for streetscape and storm drainage and did A. Call to Order / Roll Call
B. Topics
B-1 Receive Information on Lodi Lake Nature Area and Provide Direction to Staff on Next Steps
1 Exhibit F
not include fiber optics or other improvements, but the project can be modified.

Council Member Nakanishi stated he would like the project modified to include security.

Jay Bell, member of the public, stated that he has been involved with Lodi Lake since 1986 and he feels the most important issue to address is the need for stronger enforcement against the intrusions of dogs in the Nature Area. He further noted that signage does not work.

Julie Gionetti-Wahl, a member of the public, stated that she serves as a docent at Lodi Lake, questioned whether the difference in the number of calls for service may be related to more people using the Nature Area and reporting problems, and stated that the dog owners can be confrontational in the Nature Area.

Lisa Craig, a member of the public, stated that she visits Lodi Lake around four times per month and noted positive things, such as runners’ groups using the park and the possibility of fiber optics for camera use in the Nature Area. She expressed concerns about the river, including the speed of the boats and water skiers at night. Ms. Craig also inquired about the City partnering with the San Joaquin County Sheriffs for enforcement.

City Manager Schwabauer confirmed that the river is under the County’s jurisdiction and the City had a partnership in place for about a year, but the County discontinued it. He further stated the City would reach out to the County about renewing a partnership but he is concerned with the low staffing levels within the Police Department. He noted that Animal Control makes a daily patrol at the park.

Mayor Chandler noted that Public Safety is doing a great job at Lodi Lake.

Neil Adams, a member of the public, stated that he spends roughly 30 hours per week at the Nature Area and that many of the ideas presented are good but costly. He further stated that he thinks the most efficient way to address problems in the Nature Area is to have staff at the gate to the Nature Area during peak seasons, approximately five to six months of the year, as having someone in uniform will deter most of the bad behavior.

Mayor Chandler brought up the possibility of an additional fee being charged at the gate for use of the Nature Area.

Donna Phillips, a member of the public, stated that she has been involved with Lodi Lake for many years and expressed concern regarding the number of cars parked within the park, speeding cars, loud stereos, and large parties. She questioned whether parking could be established on the west side of the park to cut down on the number of car within the actual park.

She noted the need for a master plan for Lodi Lake and an additional guard shack. Ms. Phillips noted that she agreed with Mr. Adams’ idea for a uniformed staff member at the gate to the Nature Area.

Joseph Burino, a member of the public, stated that he often goes to Lodi Lake and that no one is at the gate or in the guard shack, so patrons are not paying to use the park. He suggested the use of an arm similar to those used in a parking garage to enforcement payment for use of the park.

Ms. Gionetti-Wahl returned to the podium to state that the signage contains too many words and is posted too high for easy visibility.

Council Member Nakanishi stated that he liked many of the ideas presented and asked that staff 2 return with information regarding the use of guards at the Nature Area and on parking.

Director Jaromay stated that she appreciated the comments and that she would look into the idea of a security bike patrol and an arm for the gate at the front of Lodi Lake. She noted that if a guard shack was established at the front of the Nature Area, the attendant would need to have some type of authority for enforcement.

None.

No action was taken by the City Council. The meeting was adjourned at 7:57 a.m.

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

D. Adjournment
ATTEST:

Pamela M. Farris
Assistant City Clerk
3 AGENDA ITEM C-03

COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Accept the Quarterly Investment Report as Required by the City of Lodi Investment Policy M
EETING DATE: September 21, 2022
P
REPARED BY: Deputy City Manager
RE
COMMENDED ACTION: Accept the quarterly investment report as required by the City of Lodi Investment Policy.

B
ACKGROUND INFORMATION: Government Code Section 53646 prescribes suggested investment reporting requirements for California public agencies. The City Council adopted Resolution 2021-164 on June 2, 2021 approving FY 21/22 Investment Policy. The attached Treasurer’s Report for the quarter ending June 30, 2022 is in compliance with the State’s reporting recommendations and the City of Lodi’s Investment Policy and Internal Control Guidelines.

T
he investment report, investment policy and historical investment reports can be accessed on the City website by following this link: http://www.lodi.gov/196/Finance .

FI
SCAL IMPACT: Not applicable.

F
UNDING AVAILABLE: As per attached report.
_
______________________________________
Andrew Keys
Deputy City Manager/Internal Services Director

CITY OF LODI

SUMMARY OF CASH AND INVESTED FUNDS
FOR THE QUARTER ENDED JUNE 30, 2022
TYPE OF INVESTMENT Interest Rate Maturity Date Par Value Cost Market Value % of Portfolio Cash and Equivalents
Farmers & Merchants Bank Main * Due on Demand 3,977,761 3,977,761 2.19% Farmers & Merchants Bank Payroll * Due on Demand 94,705 94,705 0.05% Local Agency Investment Fund Due on Demand 59,426,241 59,426,241 32.72% Farmer's & Merchants Bank Money Market * Due on Demand 13,639,780 13,639,780 7.51% Wells Fargo Bank Money Market * Due on Demand 1,035,155 1,035,155 0.57% Total Demand Deposit Accounts 78,173,643 78,173,643 43.04% Bond Mutual Fund Interest Rate Maturity Date Par Value Cost Market Value % of Portfolio CAL TRUST Medium Term Fund Due on Demand 10,154,702 10,154,702 5.59% Total Bond Mutual Funds 10,154,702 10,154,702 5.59% Local Bank Certificates of Deposit Interest Rate Maturity Date Par Value Cost Market Value % of Portfolio Farmers & Merchants Bank 0.20% 11/7/2023 2,000,000 2,000,000 2,000,000 1.10% Total Local Bank Certificates of Deposit 2,000,000 2,000,000 2,000,000 1.10% Negotiable Certificates of Deposit Interest Rate Maturity Date Par Value Cost Market Value % of Portfolio CITI BANK 1.95% 8/23/2022 250,000 250,000 250,059 0.14% CAPITAL ONE BANK USA NA 2.40% 11/22/2022 250,000 250,000 250,418 0.14% CAPITAL ONE NA 2.40% 11/22/2022 250,000 250,000 250,418 0.14% WELLS FARGO BANK NA 2.40% 11/22/2022 250,000 250,000 250,415 0.14% GOLDMAN SACHS BANK USA 2.40% 11/22/2022 250,000 250,000 250,418 0.14% AMERICAN EXPRESS BANK FSB 2.50% 12/5/2022 250,000 246,700 250,520 0.14% SYNCHRONY BANK 2.60% 1/19/2023 250,000 250,000 250,583 0.14% SALLIE MAE BANK/SALT LAKE CITY, UTAH 2.65% 1/24/2023 250,000 250,000 250,642 0.14% STATE BANK OF INDIA 2.70% 2/16/2023 250,000 250,000 250,661 0.14% MEDALLION BANK UTAH 2.90% 4/10/2023 250,000 250,000 250,805 0.14% STIFEL BANK AND TRUST 2.95% 5/15/2023 250,000 250,000 250,656 0.14% CITIBANK NA 3.25% 6/6/2023 250,000 250,000 251,149 0.14% INDUSTRIAL & COM BK CHNA 3.30% 6/30/2023 250,000 250,000 251,074 0.14% COMENITY CAPITAL BANK 3.30% 7/16/2023 250,000 250,000 251,068 0.14% UBS BANK 3.35% 10/5/2023 250,000 250,000 251,144 0.14% BARCLAYS BANK/DELAWARE 3.35% 10/10/2023 250,000 250,000 251,127 0.14% BANK OF BARODA 3.55% 11/30/2023 250,000 250,000 251,734 0.14% MCHENRY SAVINGS BK IL 2.80% 3/14/2024 250,000 250,000 248,459 0.14% MORGAN STANLEY BANK 1.95% 11/29/2024 250,000 250,000 241,966 0.13% MORGAN STANLEY PRIVATE BANK 1.90% 11/29/2024 250,000 250,000 241,678 0.13% BMW BANK NORTH AMERICA 0.90% 12/10/2024 250,000 250,000 235,722 0.13% FIRST NATL BK OF AMERICA 1.25% 12/30/2026 250,000 250,000 227,596 0.13% TEXAS EXCHANGE BANK SSB 1.25% 12/30/2026 250,000 250,000 228,124 0.13% BANK HAPOALIM BM NY 1.50% 1/7/2027 250,000 250,000 230,251 0.13% AMERICAN EXPRESS NATIONAL BANK ** 3.40% 6/29/2027 250,000 250,000 249,432 0.14% Total Negotiable Certificates of Deposit 6,250,000 6,246,700 6,166,120 3.40% Agency Securities Interest Rate Maturity Date Par Value Cost Market Value % of Portfolio FEDERAL NATIONAL MORTGAGE ASSOCIATION 2.00% 8/26/2022 250,000 242,725 250,142 0.14% FEDERAL HOME LOAN BANK 3.13% 9/9/2022 250,000 254,250 250,624 0.14% FEDERAL NATIONAL MORTGAGE ASSOCIATION 2.38% 1/19/2023 250,000 246,300 249,855 0.14% FEDERAL FARM CREDIT BANK SYSTEM 2.65% 3/8/2023 250,000 249,325 250,308 0.14% FEDERAL FARM CREDIT BANK SYSTEM 2.70% 4/11/2023 250,000 249,500 249,843 0.14% FEDERAL HOME LOAN BANK 2.85% 5/8/2023 250,000 250,175 249,920 0.14% FEDERAL AGRICULTURE MORTGAGE CORPORATION 2.90% 7/24/2023 250,000 249,150 249,775 0.14% FEDERAL FARM CREDIT BANK SYSTEM 0.90% 1/18/2024 500,000 499,250 485,526 0.27% FAMCA ** 2.65% 5/2/2024 350,000 349,825 347,729 0.19% FEDERAL NATIONAL MORTGAGE ASSOCIATION 1.63% 10/15/2024 500,000 508,800 484,980 0.27% FEDERAL HOME LOAN BANK 2.75% 12/13/2024 500,000 537,050 496,916 0.27% FEDERAL HOME LOAN MORTGAGE CO ** 3.00% 12/23/2024 400,000 399,800 398,197 0.22% FEDERAL HOME LOAN BANK 1.25% 1/28/2025 500,000 500,000 476,476 0.26% FEDERAL HOME LOAN MORTGAGE CO ** 3.15% 3/27/2025 400,000 400,000 398,757 0.22% FEDERAL HOME LOAN MORTGAGE CO 0.57% 9/24/2025 500,000 487,850 460,472 0.25% FREDDIE MAC 0.60% 10/27/2025 500,000 497,750 459,690 0.25% FAMCA 0.49% 12/18/2025 300,000 279,360 273,843 0.15% FEDERAL HOME LOAN BANK 0.90% 12/26/2025 500,000 499,900 465,080 0.26% FEDERAL HOME LOAN BANK 0.55% 1/20/2026 500,000 464,700 456,772 0.25% FEDERAL HOME LOAN BANK 0.85% 3/30/2026 400,000 399,840 370,400 0.20% FEDERAL HOME LOAN BANK 1.20% 4/28/2026 500,000 500,000 468,836 0.26% FEDERAL HOME LOAN BANK 1.00% 5/26/2026 500,000 500,000 464,809 0.26% FEDERAL HOME LOAN BANK 1.88% 9/11/2026 400,000 417,280 379,791 0.21% FAMCA 1.05% 10/5/2026 500,000 500,000 459,707 0.25% FEDERAL HOME LOAN MORTGAGE CO 0.80% 10/27/2026 500,000 489,350 452,710 0.25% FEDERAL HOME LOAN BANK 2.03% 2/25/2027 500,000 500,000 478,249 0.26% FEDERAL HOME LOAN BANK ** 3.50% 4/26/2027 500,000 500,000 497,800 0.27% FEDERAL HOME LOAN BANK ** 2.20% 4/27/2027 500,000 500,000 498,630 0.27%

CITY OF LODI

SUMMARY OF CASH AND INVESTED FUNDS
FOR THE QUARTER ENDED JUNE 30, 2022
TYPE OF INVESTMENT Interest Rate Maturity Date Par Value Cost Market Value % of Portfolio Agency Securities Cont'd
FEDERAL FARM CREDIT BANK SYSTEM ** 3.45% 6/1/2027 500,000 500,000 495,129 0.27% FIRST CAPITAL BK SC ** 3.50% 6/30/2027 250,000 250,000 250,561 0.14% Total Agency Securities 12,250,000 12,222,180 11,771,524 6.48% US Treasury Notes Interest Rate Maturity Date Par Value Cost Market Value % of Portfolio UNITED STATES TREASURY 1.88% 7/31/2022 250,000 243,025 250,150 0.14% UNITED STATES TREASURY 1.63% 8/31/2022 250,000 240,325 250,020 0.14% UNITED STATES TREASURY 1.88% 9/30/2022 250,000 242,675 250,037 0.14% UNITED STATES TREASURY 2.00% 10/31/2022 250,000 243,750 249,890 0.14% UNITED STATES TREASURY 2.00% 11/30/2022 250,000 243,600 249,629 0.14% UNITED STATES TREASURY 2.13% 12/31/2022 250,000 244,700 249,512 0.14% UNITED STATES TREASURY 1.50% 2/28/2023 250,000 237,075 248,008 0.14% UNITED STATES TREASURY 1.50% 3/31/2023 250,000 236,800 247,578 0.14% UNITED STATES TREASURY 1.63% 4/30/2023 250,000 238,225 247,451 0.14% UNITED STATES TREASURY 1.63% 5/31/2023 250,000 236,525 247,119 0.14% UNITED STATES TREASURY 2.63% 6/30/2023 250,000 247,375 249,307 0.14% UNITED STATES TREASURY 1.25% 7/31/2023 250,000 231,625 245,596 0.14% UNITED STATES TREASURY 0.25% 6/15/2024 250,000 245,450 237,275 0.13% UNITED STATES TREASURY 0.38% 9/15/2024 250,000 245,350 236,172 0.13% UNITED STATES TREASURY 1.00% 12/15/2024 250,000 248,925 238,291 0.13% UNITED STATES TREASURY 0.50% 3/31/2025 250,000 244,475 233,564 0.13% UNITED STATES TREASURY 0.25% 6/30/2025 250,000 241,475 230,430 0.13% UNITED STATES TREASURY 0.25% 9/30/2025 250,000 240,475 228,662 0.13% UNITED STATES TREASURY 0.38% 11/30/2025 350,000 345,065 320,045 0.18% UNITED STATES TREASURY 0.38% 12/31/2025 250,000 240,575 228,115 0.13% UNITED STATES TREASURY 0.38% 1/31/2026 350,000 344,435 318,637 0.18% UNITED STATES TREASURY 0.75% 3/31/2026 750,000 741,675 689,736 0.38% UNITED STATES TREASURY 0.75% 5/31/2026 500,000 499,500 458,066 0.25% UNITED STATES TREASURY 0.88% 6/30/2026 250,000 244,025 229,814 0.13% UNITED STATES TREASURY 0.88% 9/30/2026 250,000 243,425 228,652 0.13% UNITED STATES TREASURY 1.25% 12/31/2026 250,000 247,500 231,416 0.13% Total US Treasury Notes 7,450,000 7,258,050 7,093,173 3.91% Corporate Securities Interest Rate Maturity Date Par Value Cost Market Value % of Portfolio TOYOTA MOTOR CREDIT CORPORATION 2.80% 7/13/2022 250,000 246,950 250,024 0.14% PROCTER & GAMBLE COMPANY 2.15% 8/11/2022 250,000 243,150 250,032 0.14% MERCK & CO INC 2.40% 9/15/2022 100,000 98,700 100,029 0.06% JPMORGAN CHASE & CO 3.25% 9/23/2022 100,000 101,380 100,154 0.06% GENERAL ELECTRIC CO 2.70% 10/9/2022 250,000 242,525 250,010 0.14% MICROSOFT CORP 2.65% 11/3/2022 250,000 247,575 250,209 0.14% AUSTRALIA & NEW ZEALAND BANKING GROUP NY 2.63% 11/9/2022 250,000 243,450 249,929 0.14% VISA INC 2.80% 12/14/2022 250,000 247,525 250,219 0.14% BANK OF NEW YORK MELLON CORP 2.95% 1/29/2023 100,000 100,070 99,900 0.06% WELLS FARGO NATIONAL BANK WEST 1.90% 1/30/2023 250,000 250,000 249,547 0.14% WELLS FARGO & COMPANY 3.45% 2/13/2023 150,000 152,145 150,151 0.08% UNITED HEALTH GROUP INC 2.75% 2/15/2023 100,000 99,140 99,660 0.05% EXXON MOBIL CORPORATION 2.73% 3/1/2023 250,000 247,050 249,983 0.14% WALMART INC 2.55% 4/11/2023 250,000 244,525 250,012 0.14% APPLE INC 2.40% 5/3/2023 250,000 240,875 248,826 0.14% SOUTHERN CALIFORNIA EDISON 3.40% 6/1/2023 254,000 252,857 252,734 0.14% NEW YORK UNIVERSITY 2.72% 7/1/2023 230,000 234,899 227,289 0.13% ORACLE CORP 3.63% 7/15/2023 250,000 253,425 249,272 0.14% IBM CORP 3.38% 8/1/2023 500,000 492,500 501,087 0.28% GILEAD SCIENCES INC 2.50% 9/1/2023 260,000 249,886 257,413 0.14% PROV ST JOSEPH HEALTH OBL 4.38% 10/1/2023 315,000 340,704 318,000 0.18% PRES & FELLOWS OF HARVAR 2.60% 10/1/2023 300,000 306,750 298,233 0.16% TOYOTA MOTOR CREDIT CORP 2.25% 10/18/2023 250,000 235,225 246,822 0.14% NATIONAL RURAL UTIL COOP 3.40% 11/15/2023 300,000 297,900 299,772 0.17% ALABAMA POWER CO 3.55% 12/1/2023 250,000 249,875 251,263 0.14% TOYOTA MOTOR CREDIT CORP 3.35% 1/8/2024 400,000 399,280 400,661 0.22% JOHN DEERE CAPITAL CORP 3.45% 1/10/2024 250,000 250,450 250,933 0.14% BP CAP MARKETS AMERICA 3.79% 2/6/2024 500,000 529,500 502,370 0.28% 3M COMPANY 3.25% 2/14/2024 300,000 314,610 299,675 0.17% BOEING CO 2.80% 3/1/2024 250,000 248,500 245,074 0.13% DETROIT EDISON CO 3.65% 3/15/2024 300,000 318,180 302,024 0.17% BANK OF AMERICA CORP 4.00% 4/1/2024 250,000 261,725 252,180 0.14% HORMEL FOODS CORP 0.65% 6/3/2024 500,000 495,100 477,487 0.26% CATERILLAR FINANCIAL SERVICE 3.30% 6/9/2024 500,000 527,550 500,080 0.28% AMERICAN HONDA FINANCE 0.55% 7/12/2024 400,000 399,080 375,943 0.21% WALT DISNEY COMPANY 1.75% 8/30/2024 500,000 499,300 482,297 0.27% WELLS FARGO & COMPANY 3.30% 9/9/2024 750,000 788,725 740,619 0.41% AMERICAN HONDA FINANCE 2.15% 9/10/2024 500,000 499,550 483,943 0.27%

CITY OF LODI

SUMMARY OF CASH AND INVESTED FUNDS
FOR THE QUARTER ENDED JUNE 30, 2022
TYPE OF INVESTMENT Interest Rate Maturity Date Par Value Cost Market Value % of Portfolio Corporate Securities Cont'd
SHELL INTERNATIONAL FIN 2.00% 11/7/2024 500,000 497,650 485,858 0.27% CATERILLAR FINANCIAL SERVICE 3.25% 12/1/2024 500,000 528,700 497,572 0.27% TOYOTA MOTOR CREDIT CORP 1.80% 2/13/2025 300,000 299,940 286,251 0.16% WESTPAC BANKING CORP 2.35% 2/19/2025 500,000 514,250 482,776 0.27% FLORIDA POWER & LIGHT CO 2.85% 4/1/2025 500,000 499,400 491,307 0.27% AMAZON.COM INC 0.80% 6/3/2025 500,000 497,950 465,970 0.26% APPLE INC 0.55% 8/20/2025 500,000 492,150 458,161 0.25% JOHNSON & JOHNSON 0.55% 9/1/2025 950,000 944,185 876,291 0.48% NATIONAL RURAL UTIL COOP 1.00% 9/15/2025 500,000 499,250 460,732 0.25% TOYOTA MOTOR CREDIT CORP 0.80% 10/16/2025 500,000 493,650 455,254 0.25% TOYOTA MOTOR CREDIT CORP 0.80% 1/9/2026 500,000 498,800 452,058 0.25% APPLE INC 0.70% 2/8/2026 500,000 492,000 455,746 0.25% PUBLIC STORAGE 0.88% 2/15/2026 300,000 297,720 268,446 0.15% MERCK & CO INC 0.75% 2/24/2026 400,000 398,640 362,854 0.20% BMW US CAPITAL LLC 2.80% 4/11/2026 500,000 495,900 478,712 0.26% BMO HARRIS BANK NA 1.00% 4/13/2026 250,000 250,000 229,135 0.13% AMAZON.COM INC 1.00% 5/12/2026 500,000 498,800 455,109 0.25% CHARLES SCHWAB CORP 1.15% 5/13/2026 500,000 499,500 451,607 0.25% BANK OF AMERICA CORP 1.25% 5/28/2026 500,000 500,000 435,027 0.24% BANK OF AMERICA CORP 1.20% 6/25/2026 500,000 499,300 433,828 0.24% MASS INSTITUTE OF TECH 3.31% 7/1/2026 500,000 532,750 491,011 0.27% TOYOTA FINANCIAL SGS BK 0.95% 7/29/2026 250,000 250,000 227,254 0.13% BANK OF AMERICA CORP 1.15% 9/10/2026 250,000 248,200 228,839 0.13% TEXAS INSTRUMENTS INC 1.13% 9/15/2026 400,000 392,400 363,781 0.20% JPMORGAN CHASE & CO 2.95% 10/1/2026 500,000 534,550 476,336 0.26% PROCTER & GAMBLE CO/THE 1.90% 2/1/2027 350,000 347,270 329,423 0.18% IBM CORP ** 2.20% 2/9/2027 500,000 475,200 463,526 0.26% PROGRESSIVE CORP 2.50% 3/15/2027 500,000 488,800 473,295 0.26% BEAL BANK - PLANO TX 2.00% 3/3/2027 250,000 250,000 234,793 0.13% NIKE INC 2.75% 3/27/2027 500,000 498,700 481,864 0.27% CHEVRON CORP ** 2.00% 5/11/2027 500,000 469,150 460,297 0.25% AMAZON.COM INC ** 1.20% 6/3/2027 500,000 450,650 446,238 0.25% Total Corporate Securities 26,059,000 26,086,086 24,923,205 13.72% Municipal Securities Interest Rate Maturity Date Par Value Cost Market Value % of Portfolio ARKANSAS ST AMENDMENT 82 2.84% 7/1/2022 100,000 100,500 100,000 0.06% ADELANTO PUBLIC UTILITIES 3.50% 7/1/2022 240,000 246,936 240,000 0.13% ORANGE COUNTY CA WATER DIST 1.83% 8/15/2022 125,000 124,925 124,990 0.07% OCEANSIDE CA PENSION OBLIGATION 3.84% 8/15/2022 200,000 209,600 200,399 0.11% VISTA CA REDEVELOPMENT 3.00% 9/1/2022 120,000 120,960 120,145 0.07% SAN BERNARDINO COUNTY REDEVELOPMENT 3.25% 9/1/2022 160,000 161,840 160,254 0.09% SAN LEANDRO CA REDEVELOPMENT AGENCY 3.21% 9/1/2022 260,000 260,884 260,434 0.14% TX PUB FIN AUTH-A-REF 3.08% 10/1/2022 300,000 300,000 298,970 0.16% SAN FRANCISCO CITY & COUNTY CA 2.40% 11/1/2022 445,000 437,035 445,096 0.25% CALIFORNIA DEPARTMENT OF WATER RESOURCES 2.52% 12/1/2022 75,000 74,243 74,984 0.04% CARSON CA REDEVELOPMENT 3.00% 2/1/2023 80,000 81,000 79,980 0.04% CALIFORNIA HOUSING FINANCE AGENCY 2.88% 2/1/2023 450,000 443,775 448,835 0.25% GEORGIA ST GENERAL OBLIGATION 2.23% 2/1/2023 310,000 299,553 308,909 0.17% FRESNO FING-B REF 3.18% 4/1/2023 285,000 282,236 284,838 0.16% OHIO ST THIRD FRONTIER RESEARCH 2.11% 5/1/2023 250,000 240,275 248,075 0.14% RIVERSIDE CA PENSION OBLIGATION 2.63% 6/1/2023 250,000 243,900 248,619 0.14% SAN DIEGO TOBACCO SETTLEMENT 3.44% 6/1/2023 500,000 500,750 501,042 0.28% INDUSTRY-REF-TXBL 3.00% 7/1/2023 500,000 502,450 500,105 0.28% SOLANO COMMUNITY COLLEGE DT 2.06% 8/1/2023 145,000 145,000 143,301 0.08% CALIFORNIA VARIOUS PURPOSE 3.50% 8/1/2023 305,000 310,490 306,131 0.17% VISTA REDEV AGENCY-TXBL 3.00% 9/1/2023 290,000 300,643 288,514 0.16% CENTRAL CONTRA COSTA SANITATION DISTRICT 3.12% 9/1/2023 415,000 417,283 416,097 0.23% CALIFORNIA STATE MUNI TAX 2.25% 10/1/2023 250,000 239,750 247,526 0.14% TX PUB FIN AUTH-A-REF 5.08% 10/1/2023 300,000 300,000 291,227 0.16% NATIONAL SECS CLEARING 4.00% 12/7/2023 500,000 498,850 478,552 0.26% OAKLAND PENSION-TXBL 4.35% 12/15/2023 400,000 440,880 405,008 0.22% RIVERSIDE CA UNIFIED SCHOOL DIST 1.98% 2/1/2024 400,000 400,000 392,200 0.22% NATIONAL RURAL UTIL COOP 3.50% 2/8/2024 300,000 297,090 285,746 0.16% CALIFORNIA ST-TXBL-B 3.00% 4/1/2024 200,000 213,180 199,209 0.11% CORTE MADERA-TXBL-REF 2.75% 5/1/2024 150,000 150,300 148,138 0.08% TULARE COUNTY BRD ED-TXBL 2.31% 5/1/2024 235,000 236,528 230,845 0.13% UNIV OF CALIFORNIA-BF 0.83% 5/15/2024 120,000 120,216 114,515 0.06% CHAFFEY COMMUNITY COLLEGE DT 1.72% 6/1/2024 480,000 477,168 466,866 0.26% ORANGE -TXBL -REF 5.87% 6/1/2024 400,000 394,320 378,995 0.21% RIVERSIDE CO PUB FIN 1.92% 7/1/2024 300,000 300,000 289,430 0.16% LOMPOC VALLEY MED-TXBL 2.07% 7/1/2024 110,000 110,869 107,144 0.06% ANAHEIM PUBLIC FIN 0.63% 7/1/2024 250,000 245,500 236,918 0.13%

CITY OF LODI

SUMMARY OF CASH AND INVESTED FUNDS
FOR THE QUARTER ENDED JUNE 30, 2022
TYPE OF INVESTMENT Interest Rate Maturity Date Par Value Cost Market Value % of Portfolio Municipal Securities Cont'd
SAN FRANCISCO CITY 3.76% 8/1/2024 250,000 270,675 252,594 0.14% TAMALPAIS UN HSD-TXBL 2.02% 8/1/2024 150,000 151,770 145,930 0.08% TENNESSEE-C-REF-TXBL 1.97% 8/1/2024 170,000 171,751 165,833 0.09% CONTRA COSTA CA COMNTY 1.77% 8/1/2024 250,000 250,000 240,056 0.13% MINNESOTA ST-C-TXBL 3.00% 8/1/2024 215,000 227,857 213,854 0.12% SOLANO COMMUNITY COLLEGE DT 2.16% 8/1/2024 300,000 300,000 292,365 0.16% SAN FRANCISCO REDEV-C 3.13% 8/1/2024 500,000 524,000 492,472 0.27% MT SAN ANTONIO CCD 1.94% 8/1/2024 400,000 404,080 388,115 0.21% MD ST-B 0.46% 8/1/2024 300,000 300,000 283,775 0.16% SANTA CLARA CO-B-TXBL ** 2.00% 8/1/2024 475,000 467,543 463,865 0.26% ORANGE COUNTY CA WATER DIST 1.94% 8/15/2024 200,000 200,080 194,395 0.11% W SACRAMENTO AREA 2.07% 9/1/2024 150,000 150,000 146,207 0.08% ESCONDIDO JT POWERS 2.19% 9/1/2024 380,000 383,192 371,036 0.20% HAWAII ST-GB 0.80% 10/1/2024 125,000 124,938 118,176 0.07% CARMICHAEL WATER DIST 2.17% 11/1/2024 1,295,000 1,304,065 1,263,685 0.70% INDIO PUB FIN-B-TXBL 3.35% 11/1/2024 180,000 190,350 177,554 0.10% VENTURA COUNTY CA PUBLIC 1.22% 11/1/2024 100,000 100,000 95,098 0.05% SEMITROPIC IMP DIST-A 2.36% 12/1/2024 140,000 141,694 136,770 0.08% CON EDISON CO OF NY INC 3.30% 12/1/2024 310,000 330,646 307,084 0.17% CARSON -TXBL-REV 1.88% 1/15/2025 505,000 516,817 483,659 0.27% SAN RAMON REDEV AGY 4.00% 2/1/2025 140,000 155,834 141,034 0.08% CALIFORNIA-TXBL 3.38% 4/1/2025 315,000 340,200 314,793 0.17% STANISLAUS CONSOL FIR 1.25% 4/1/2025 235,000 236,998 221,307 0.12% SAN DIEGO CNTY CA REG 2.09% 4/1/2025 350,000 366,485 338,061 0.19% YALE UNIVERSITY 0.87% 4/15/2025 1,075,000 1,068,318 1,010,271 0.56% MONTEREY PK TXBL 0.89% 6/1/2025 400,000 399,800 370,026 0.20% GOLDEN ST TOBACCO -B 1.40% 6/1/2025 300,000 300,000 279,261 0.15% LAKEPORT-REV-TXBL 1.18% 6/1/2025 155,000 155,233 144,978 0.08% ANAHEIM PUBLIC FIN 0.94% 7/1/2025 250,000 249,400 232,042 0.13% UNIV CA-AX-TXBL 3.06% 7/1/2025 1,150,000 1,242,765 1,139,470 0.63% SAN RAMON-TXBL 1.20% 7/1/2025 500,000 497,250 461,091 0.25% FOOTHILL DE ANZA-B 0.91% 8/1/2025 500,000 504,600 464,122 0.26% SANTA ROSA ELEM SD 1.01% 8/1/2025 500,000 500,000 465,103 0.26% W CONTRA COSTA SD-B 0.94% 8/1/2025 505,000 505,000 467,833 0.26% CASTRO VLY UNIF SCH 1.20% 8/1/2025 500,000 503,100 467,820 0.26% OAK GROVE SD -REF 0.87% 8/1/2025 240,000 240,000 221,183 0.12% BELMONT-REDWOOD-A- 0.88% 8/1/2025 205,000 205,000 189,728 0.10% BELMONT-REDWOOD-B-REF 0.88% 8/1/2025 200,000 200,000 185,100 0.10% SAN BERNARDINO CCD 0.84% 8/1/2025 275,000 275,000 254,338 0.14% BELLFLOWER -TXBL 1.32% 8/1/2025 500,000 500,000 468,222 0.26% KLAMATH & TRINITY-B 1.83% 8/1/2025 250,000 250,000 237,119 0.13% SUTTER HEALTH 1.32% 8/15/2025 750,000 743,175 693,003 0.38% RIO ESD CMNTY FACS DT 1.12% 9/1/2025 380,000 380,000 348,782 0.19% MA CMWLTH -E-TXBL-REF 0.70% 11/1/2025 220,000 218,306 201,716 0.11% CALIFORNIA ST UNIV-B 0.86% 11/1/2025 100,000 100,000 91,558 0.05% STHRN KERN UNIF SD-B 1.08% 11/1/2025 370,000 370,000 340,510 0.19% VENTURA CNTY CA PUBLI 1.32% 11/1/2025 500,000 496,250 467,187 0.26% SACRAMENTO CNTY CA-B 1.04% 12/1/2025 485,000 471,275 448,381 0.25% BAY AREA CA TOLL AUTH 2.43% 4/1/2026 230,000 245,834 220,227 0.12% CALIFORNIA ST-TXBL-B 2.65% 4/1/2026 500,000 526,650 485,549 0.27% WISCONSIN ST GEN FUND 3.05% 5/1/2026 300,000 329,010 294,911 0.16% SAN FRANCISCO CA CITY 1.10% 6/15/2026 370,000 372,923 334,486 0.18% RED BLUFF-TXBL 1.46% 7/15/2026 350,000 356,965 315,563 0.17% SOCIETE GENERALE 1.35% 7/30/2026 500,000 500,000 500,000 0.28% BELMONT-REDWOOD-B-REF 1.10% 8/1/2026 205,000 205,000 186,022 0.10% SAN BERNARDINO CCD 1.10% 8/1/2026 230,000 230,000 209,052 0.12% BELLFLOWER -TXBL 1.60% 8/1/2026 465,000 463,512 430,849 0.24% KLAMATH & TRINITY-B 2.08% 8/1/2026 130,000 130,000 122,109 0.07% SAN FRANCISCO CO-TXBL 1.76% 9/1/2026 295,000 298,540 269,921 0.15% RIVERSIDE UNIF SD FIN 1.65% 9/1/2026 750,000 741,825 696,863 0.38% CALIFORNIA ST -TXBL 2.38% 10/1/2026 515,000 534,364 492,508 0.27% TEXAS ST-REF-TXBL 3.42% 10/1/2026 990,000 1,093,653 992,965 0.55% CA ST UNIV-D 1.14% 11/1/2026 375,000 369,563 337,022 0.19% OREGON ST-H-REF 1.19% 11/1/2026 115,000 112,309 105,082 0.06% CA ST DEPT OF WTR RES 1.05% 12/1/2026 500,000 485,500 450,270 0.25% NEW YORK ST 2.36% 2/15/2027 800,000 809,900 759,358 0.42% RIVERSIDE CO-TXBL-REV 2.96% 2/15/2027 205,000 206,046 195,840 0.11% SAN JOSE-C-REF-REV 1.73% 3/1/2027 195,000 189,345 176,338 0.10% BAY AREA CA TOLL AUTH ** 1.43% 4/1/2027 520,000 478,088 468,585 0.26% SAN DIEGO CO REGL-A ** 1.40% 4/1/2027 425,000 388,365 384,358 0.21% PORT OF OAKLAND CA ** 1.67% 5/1/2027 250,000 227,350 225,764 0.12% Total Municipal Securities 37,160,000 37,507,112 35,622,239 19.61%

IRS Section 115 Retirement Benefit Trust Funds Market Value Public Agency Retirement Services - Pension Stabilization Fund Balanced Strategy Mutual Fund 20,037,023$
Total Pension Stabilization Fund 20,037,023$
CalPERS - California Employer's Retiree Benefit Trust (CERBT) CERBT Strategy 2 2,094,744$
Total CERBT 2,094,744$
Total Section 115 Retirement Benefit Trust Funds 22,131,767$ Restricted Cash Accounts Market Value
PCE/TCE Central Plume Remediation Fund
Farmers & Merchants Bank Money Market 492,663$
Total PCE/TCE Central Plume Account 492,663$
Total Restriction Cash Accounts 492,663$
AGENDA ITEM C-04

COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Accept Quarterly Report of Purchases between $10,000 and $60,000 M
EETING DATE: September 21, 2022
P
REPARED BY: Deputy City Manager
RE
COMMENDED ACTION: Accept Quarterly Report of Purchases between $10,000 and $60,000 B
ACKGROUND INFORMATION: Lodi Municipal Code Section 2.12.060 (T) requires the City Manager to prepare a quarterly report of contracts not less than $10,000 nor greater than $20,000. This chapter of the LMC was updated on April 20, 2022 with increased reporting requirements of between $30,000 and $60,000 which became effective May 20, 2022. This report reflects the limits between $10,000 to $20,000 for the period April 1 to May 19, 2022 and limits between $30,000 and $60,000 for the period May 20 to June 30, 2022.

At
tached are reports of purchases awarded during the second calendar quarter of 2022. The reports are separated into purchases awarded or made by purchase order, by Cal-Card, and by Contract including Change Orders and Amendments. In addition, we have added a category for Electric Utility Purchases made between $10,000 and $250,000. With this report, staff is providing Council with the full scope of purchasing activity under LMC Section 2.12.060 (T).

F
ISCAL IMPACT: There is no fiscal impact from the preparation of this report.

F
UNDING AVAILABLE: Adequate funding is available in the Fiscal Year 2021/22 budget for the items on this report.
_______________________________________

Andrew Keys
Deputy City Manager/Internal Services Director

Quarterly Report of Purchases by Purchase Order – 2022, Q2

Quarterly Report of Purchases by Cal-Card – 2022, Q2

Merchant / Vendor Description Funding Source Amount
The following purchases were made in accordance with Lodi Municipal Code Sections 3.20.070 – Bidding, 3.20.077 – Electronic hardware and software, and 3.20.110 - Open market procedure.

Quarterly Report of Purchases by Contract – 2022, Q2

Contract
No.

Contractor Description Department Amount
The following purchases were made in accordance with Lodi Municipal Code Sections 3.20.070 - Bidding, 3.20.075 - Professional/technical services contracts.
322123 Station Automation, Inc. * Vehicle Operations Checks System (400) Fire Department 14,000.00 322118 Liebert Cassidy Whitmore * Consulting, representation, and legal services per (202) I/S - Financial Services 20,000.00 322124 Fehr & Peers * On-Call Professional Transportation Consulting Svc (505) PW - Engineering 19,500.00

Quarterly Report of Contract Amendments and Change Orders – 2022, Q2

Contract
No
CO# or
Amend#

Contractor

Original
Contract

Amendment
Change
Order
Previous
Adds
Revised
Total

Department
Signer
Title
The following purchases were made in accordance with Lodi Municipal Code Sections 3.20.070 - Bidding, 3.20.075 - Professional/technical services contracts.

Quarterly Report of Electric Utility Purchases $10,000 and $250,000 – 2022, Q2

Purchase Order No. Contractor Description Funding Source Amount The following purchases were made in accordance with Lodi Municipal Code Sections 3.20.070 - Bidding, 3.20.075 - Professional/technical services contracts, 3.20.077 – Electronic hardware and software, and 3.20.110 - Open market procedure. 2220331 General Pacific, Inc Inventory Items Electric Utility – 500 Fund 10,597.68 2220355 Alameda Electric Supply Inc Inventory Items Electric Utility – 500 Fund 12,225.21 2220347 Lindsey Manufacturing Company Inventory Items Electric Utility – 500 Fund 14,718.52 2220359 Anixter Inc Inventory Items Electric Utility – 500 Fund 15,932.24 2220378 General Pacific, Inc Inventory Items Electric Utility – 500 Fund 18,854.99 2220379 Anixter Inc Inventory Items Electric Utility – 500 Fund 22,624.25 2220345 Anixter Inc Inventory Items Electric Utility – 500 Fund 23,901.60 2220334 Anixter Inc Inventory Items Electric Utility – 500 Fund 25,460.40 2220322 Anixter Inc Inventory Items - Relays Electric Utility – 500 Fund 26,474.71 2220365 Alameda Electric Supply Inc Inventory Items Electric Utility – 500 Fund 26,900.73 2220314 Elite Supply Source Inc. Pallet Racks Electric Utility – 500 Fund 33,728.62 2220354 General Pacific, Inc Inventory Items Electric Utility – 500 Fund 40,920.89 2220353 Anixter Inc Inventory Items Electric Utility – 500 Fund 49,749.71 2220375 S&C Electric Company Inventory Items Electric Utility – 500 Fund 80,336.11 2220340 G & W Electric Co. Inventory Items Electric Utility – 500 Fund 109,843.44 2220337 Altec Industries Inc Troubleman Bucket Truck AT40-G Electric Utility – 500 Fund 176,469.15 2220351 Anixter Inc Inventory Items Electric Utility – 500 Fund 203,252.37 2220349 General Pacific, Inc Inventory Items - Meters Electric Utility – 500 Fund 205,380.21 2220341 Terex Utilities Inc. Hydra 985 Hogg and Davis cable pulling trailer Electric Utility – 500 Fund 213,481.98 2220333 The Okonite Company Inventory Items Electric Utility – 500 Fund 233,560.20 AGENDA ITEM C-05

COUNCIL COMMUNICATION
APPROVED: _________________________________
Stephen Schwabauer, City Manager
\\cvcfilv02\pubwks$\WP\PROJECTS\STREETS\Downtown Concrete Cleaning Project\2022 Project\CSA.doc 9/7/2022 AGENDA TITLE: Approve Specifications and Authorize Advertisement for Bids for 2022 Downtown Concrete Cleaning, and Adopt Resolution Authorizing City Manager to Award Contract to Lowest, Responsive Bidder ($28,000), Authorizing the City Manager to Execute Change Orders ($2,000), and Appropriating Funds ($5,000) MEET
ING DATE: September 21, 2022
PRE
PARED BY: Public Works Director
RECO
MMENDED ACTION: Approve specifications and authorize advertisement for bids for 2022 Downtown Concrete Cleaning, and adopt resolution authorizing City Manager to award contract to lowest, responsive bidder, in an amount not-to-exceed $28,000, authorizing the City Manager to Execute Change Orders in an amount not-to-exceed $2,000, and appropriating funds in the amount of $5,000.

BA
CKGROUND INFORMATION: In 1998, the City’s Central City Revitalization Improvement Project installed yellow colored concrete on School Street, from Lodi Avenue to Locust Street. As part of the maintenance, the colored concrete should be cleaned periodically. In 2019, Council requested that we start cleaning it annually.

This project will remove debris and pressure wash the yellow concrete bands and spot clean the paver areas along School Street, between Lodi Avenue and Locust Street; and portions of Elm Street between School Street and Sacramento Street, including the star burst feature. The work will include wash water containment and disposal in order to comply with State storm water requirements and will be performed at night to minimize business interruptions. Staff recommends pre-au thorizing the C ity Manager to award the contract in order to complete this work prior to any potential holiday events.

The specifications are on file in the Public Works Department. The planned bid opening date is October 12, 2022. The total project estimate is $27,000.

Staff recommends approving specifications and authorizing advertisement for bids for 2022 Downtown Concrete Cleaning and authorizing City Manager to award contract to lowest, responsive bidder, in an amount not-to-exceed $28,000, authorizing the City Manager to Execute Change Orders in an amount not
-to-exceed $2,000, and appropriating funds in the amount of $5,000.

FI
SCAL IMPACT: This project will have a minimal long-term fiscal impact and will not impact the General Fund.

Approve Specifications and Authorize Advertisement for Bids for 2022 Downtown Concrete Cleaning, and Adopt Resolution Aut horizing City Manager to Award Contract to Lowest, Responsive Bidder ($28,000), Authorizing the City Manager to Execute Change Orders ($2,000), and Appropriating Funds ($5,000) September 21, 2022

Page 2 ends

K:\WP\PROJECTS\STREETS\Downtown Concrete Cleaning Project\2019 Project\CSA.doc 9/7/2022

FUNDING AVAILABLE: Street Fund (30099000.77020): $ 25,000

Requested appropriation
Street Fund (30099000.77020): $5,000

TOTAL: $30,000

______________________________________
Andrew Keys
Deputy City Manager/Internal Services Director

_______________________________
Charles E. Swimley, Jr.

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

cc: Utilities Superintendent
RESOLUTION NO. 2022-____

A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE
CITY MANAGER TO AWARD THE CONTRACT FOR 2022 DOWNTOWN
CONCRETE CLEANING TO THE LOWEST RESPONSIVE BIDDER;
AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDERS; AND

FURTHER APPROPRIATING FUNDS

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

WHEREAS, in 1998, the City’s Central City Revitalization Improvement Project installed yellow colored concrete on School Street, from Lodi Avenue to Locust Street; and

WHEREAS, as part of the maintenance, the colored concrete should be cleaned periodically, and in 2019, Council requested that it be cleaned annually; and

WHEREAS, this project will remove debris and pressure wash the yellow concrete bands and spot clean the paver areas along School Street, between Lodi Avenue and Locust Street; and portions of Elm Street between School Street and Sacramento Street, including the star burst feature; and

WHEREAS, staff recommends authorizing the City Manager to award the contract for the 2022 Downtown Concrete Cleaning to the lowest responsive bidder , in an amount not to exceed $28,000, and authorizing the City Manager to execute change orders in an amount not to exceed $2,000; and

WHEREAS, staff further recommends appropriating funds in the amount of $5,000 from the Street Fund (30099000.77020).

NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to award and execute the contract for the 2022 Downtown Concrete Cleaning to the lowest responsive bidder, in an amount not to exceed $28,000, and change orders in an amount not to exceed $2,000; and

BE IT FURTHER RESOLVED that the Lodi City Council does hereby appropriate funds in the amount of $5,000 from the Street Fund (30099000.77020); 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 al ter the compensation or term, and to make clerical corrections as necessary.

Dated: September 21, 2022
========================================================================

I hereby certi fy that Resolution No. 2022-__ was passed and adopted by the Ci ty Council of the City of Lodi in a regular meeting held September 21, 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-06

COUNCIL COMMUNICATION
APPROVED: _________________________________
Stephen Schwabauer, City Manager
\\cvcfilv02\pubwks$\WP\PROJECTS\PARKS\Peterson Park\Tennis Court Resurfacing\CSA.doc 8/31/2022 AGENDA TITLE: Approve Specifications and Authorize Advertisement for Bids for Peterson Park Tennis Court Resurfacing, and Adopt Resolution Authorizing City Manager to Award Contract to Lowest, Responsive Bidder ($55,000), and Authorizing the City Manager to Execute Change Orders ($5,000)
MEETING DATE: September 21, 2022
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Approve specifications and authorize advertisement for bids for Peterson Park Tennis Court Resurfacing, and adopt resolution authorizing City Manager to award contract to lowest, responsive bidder, in an amount not-to-exceed $55,000, and authorizing the City Manager to Execute Change Orders in an amount not-to- exceed $5,000.

BACKGROUND INFORMATION: The tennis courts at Peterson Park are approximately 25 years old and in need of repair. The colored asphalt surfacing has faded and has numerous cracks along with portions that have chipped away, as shown in Exhibit A. The surface also has some offset construction joints that create potential tripping hazards and settlement has caused small localized ponding.

The work for this project includes cleaning and preparing the existing asphalt surface, filling cracks and joints, repairing low spots, and applying a textured, colored surfacing system consisting of new acrylic coatings and new textured game lines. This project also includes replacing the nets and stanchions.

The specifications are on file in the Public Works Department. The planned bid opening date is October 12, 2022. The total project estimate is $53,000.

Staff recommends approving specifications and authorizing advertisement for bids for Peterson Park Tennis Court Resurfacing and authorizing City Manager to award contract to lowest, responsive bidder, in an amount not to exceed $55,000, and authorizing the City Manager to Execute Change Orders in an amount not to exceed $5,000.

FISCAL IMPACT: This project will have a minimal long-term fiscal impact and will not impact the General Fund.

FUNDING AVAILABLE: Parks Capital (43299000.77020) - $60,000 ______________________________________
Andrew Keys
Deputy City Manager/Internal Services Director
_______________________________
Charles E. Swimley, Jr.

Public Works Director
Prepared by Jimi Billigmeier, Associate Civil Engineer
CES/JB/cd
cc: PRCS Director

EXHIBIT A
Existing Tennis Courts –Peterson Park

RESOLUTION NO. 2022-____

A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE

CITY MANAGER TO AWARD THE CONTRACT FOR THE PETERSON PARK

TENNIS COURT RESURFACING PROJECT TO THE LOWEST RESPONSIVE BIDDER; AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE

CHANGE ORDERS

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

WHEREAS, the tennis courts at Peterson Park are approximately 25 years old and in need of repair; and

WHEREAS, the work for this project includes cleaning and preparing the existing asphalt surface, filling cracks and joints, repairing low spots, and applying a textured, colored surfacing system consisting of new acrylic coatings and new textured game lines; and

WHEREAS, this project also includes replacing the nets and stanchions; and

WHEREAS, staff recommends authorizing the City Manager to award the contract for the Peterson Park Tennis Court Resurfacing Project to the lowest responsive bidder, in an amount not to exceed $55,000, and authorizing the City Manager to e xecute change orders in an amount not to exceed $5,000.

NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to award the contract for the Peterson Park Tennis Court Resurfacing Project to the lowest responsive bidder, in an amount not to exceed $55,000, and authorizing the City Manager to execute change orders in an amount not to exceed $5,000; 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: September 21, 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 September 21, 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-07

COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Adopt Resolution Authorizing the City Manager to Award Contract for Beckman Park Small Dog Park Improvements to Emert Construction of Stockton, CA ($71,099), Execute Change Orders and Appropriate Funds ($5,000)
MEETING DATE: September 21, 2022
PREPARED BY: Parks, Recreation and Cultural Services Director RECOMMENDED ACTION: Adopt Resolution authorizing the City Manager to award contract for Beckman Park Small Dog Park Improvements to Emert Construction of Stockton, CA, ($71,099), execute change orders and appropriate funds ($5,000).

B
ACKGROUND INFORMATION: Park staff sent out the attached plans and cover letter to obtain project quotes.

This project consists of concrete saw-cutting and concrete removal and disposal, imported soil and compaction to match existing and surrounding grade, new concrete flat work and mow strip, new 4-foot-high chain link fencing with a 10-foot-wide double gate and 4-foot-wide man gate. Work also includes the installation of a new drinking fountain, with water line and dry -well, two park benches, Dogi- Pot bag dispenser and turf hydro-seeding along with other related items shown on the plans.

T
he Parks Division received the following cost proposals for this project on August 17, 2022.

B
idder Location Bid
Engineer’s Estimate $70,000
Emert Construction Stockton $71,099.00
AM Stephens Construction Lodi $112,396.00
Diede Construction Woodbridge $167,000.00
To ens
ure enough funding for change orders, $5,000 shall be transferred from Legion Community Center project PKCP - 22001.Contracts to Beckman-Vinewood Dog Pks PKCP-22002.Contracts.

F
ISCAL IMPACT: FY 2022/2023
FUNDING AVAILABLE: Parks Capital (432) – PKCP-22002.Contracts _____
__________________________________
Andrew Keys
Deputy City Manager/Internal Services Director
____ ___________________________
Christina Jaromay
Parks, Recreation, and Cultural Services Director
C
J/LJ:tl cc: City Attorney Attachment: Exhibit A

Project Title: #187
District Nos: 3 Project Length 60 Days Priority HIGH
Expenditure FY 17/18
Actuals
FY 18/19
Actuals
FY 19/20
Actuals
FY 20/21
Actuals
Prior Years FY 21/22
Estimate
FY 22/23
Budget
FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 Future Yrs Total Contracts -$ 275,000$ 275,000$
Internal Staff -$ 15,000$ 15,000$ -$ -$
-$ -$
-$ -$
Total Capital Costs -$ -$ -$ -$ 290,000$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 290,000$ Funding Source(s) FY 17/18
Actuals
FY 18/19
Actuals
FY 19/20
Actuals
FY 20/21
Actuals
Prior Years FY 21/22
Estimate
FY 22/23
Budget
FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 Future Yrs Total 432 - Parks&Rec Capital -$ 290,000$ 290,000$ -$ -$
-$ -$
-$ -$
Total Project Financing -$ -$ -$ -$ 290,000$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 290,000$ Section II: Estimated Project Costs
Section III: Funding Sources/Methods of Financing
Capital Improvement Plan
FY 2021-2022
Additional Information
Due to its prime, centalized location - Legion Park and it's amenities are heavily used and in high demand. This is a rentable space that has become a lost revenue opportunity due to unacceptable facility conditions. No improvements to this space have been conducted in over 30 years.

Justification/factor driving project
This is a revenue generating rental space that has been taken offline due to poor conditions. Project scope includes renovating the interior of the community building to include: new windows, doors, flooring, cabinetry work, electrical upgrades, restroom fixtures and sewer line improvements. In addition, new tables and chairs are also included in this scope of this renovation project.

Legion Park Comm Building Renovation PKCP-22001Munis Project Code:

Section I: Description

RESOLUTION NO. 2022-____

A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE

CITY MANAGER TO AWARD THE CONTRACT FOR THE BECKMAN PARK

SMALL DOG PARK IMPROVEMENTS PROJECT TO EMERT CONSTRUCTION, OF STOCKTON, AND TO EXECUTE CHANGE ORDERS; AND FURTHER

APPROPRIATING FUNDS
========================================================================

WHEREAS, Parks, Recreation and Cultural Services (PRCS) solicited bids for the Beckman Park Small Dog Park improvements; and

WHEREAS, three bids were received on August 17, 2022:

Bidder Location Bid
Emert Construction Stockton $71,099
AM Stephens Construction Lodi $112,396
Diede Construction Woodbridge $167,000

WHEREAS, staff further recommends that funds in the amount of $5,000 be transferred from the Legion Community Center Project (PKCP-22001.Contracts) to Beckman Small Dog Park (PKCP-22002.Contracts) for change orders for this project.

NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to award the contract for Beckman Park Small Dog Park improvements to the low bidder, Emert Construction, of Stockton, California, in the amount of $71,099; and

BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute the contract and change orders in an amount not to exceed $5,000; and

BE IT FURTHER RESOLVED that funds in the amount of $5,000 be appropriated as shown above; 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: September 21, 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 September 21, 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-08

COUNCIL COMMUNICATION
APPROVED: _________________________________
Stephen Schwabauer, City Manager
\\CVCFILV02\PubWks$\WP\PROJECTS\STREETS\2021-2023 Tree Maintenance\CChangeOrders22-23.docx 9/6/2022 AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Change Orders to 2021- 2023 Tree Maintenance Contract with West Coast Arborists, Inc., of Anaheim ($330,324)
M
EETING DATE: September 21, 2022
P
REPARED BY: Public Works Director
RE
COMMENDED ACTION: Adopt resolution authorizing City Manager to execute change orders to 2021-2023 Tree Maintenance Contract with West Coast Arborists, Inc., of Anaheim, in an amount not-to-exceed $330,324, in addition to the previously authorized $80,000.

B
ACKGROUND INFORMATION: The Public Works Department manages an annual on-call contract that provides for structural pruning, maintenance trimming, stump grinding, emergency calls, removal of City trees, pest control, and tree planting at various locations throughout the City. This contract is heavily utilized by both the Public Works and Parks departments.

O
n April 21, 2021, the Council authorized the award for the 2021-2023 Tree Maintenance Contract (Resolution 2021-97). The authorization also allowed the City Manager to execute change orders up to $80,000. The contract was bid as a unit-price contract, which utilized estimated quantities for bid- comparison purposes only. The ultimate contract and expenditure amounts are based on the approved fiscal year budgets, approved extensions (if applicable), and authorized change orders.

T
he original contract amount was $673,480, of which $483,804 was expended in Fiscal Year 2021/22 ($300,000 by Public Works and $183,804 by Parks). The Council-adopted budget for Fiscal Year 2022/23 includes $600,000 for tree maintenance ($400,000 for Public Works and $200,000 for Parks). In order to increase the contract amount consistent with the approved budget and to appropriately address tree maintenance needs, staff recommends increasing the contract amount by $410,324 (as there is currently $189,676 remaining on the contract). With $80,000 for change orders previously authorized, an additional City Manager authorization in the amount of $330,324 is recommended.

S
taff recommends Council adopt a resolution authorizing the City Manager to execute change orders to 2021-2023 Tree Maintenance Contract with West Coast Arborists, Inc., of Anaheim, in an amount not-to- exceed $330,324, in addition to the previously authorized $80,000.

F
ISCAL IMPACT: Citywide tree maintenance is essential for sustaining a healthy and safe urban forest.

Adopt Resolution Authorizing City Manager to Execute Change Orders to 2021 -2023 Tree Maintenance Contract with West Coast Arborists, Inc., of Anaheim ($330,324)
September 21, 2022

Page 2 ends

\\CVCFILV02\PubWks$\WP\PROJECTS\STREETS\2021-2023 Tree Maintenance\CChangeOrders22-23.docx\CChangeOrders20-21.docx 9/6/2022

FUNDING AVAILABLE: Funding for this work was adopted in the Fiscal Year 2022/23 budget.

______________________________________
Andrew Keys
Deputy City Manager/Internal Services Director

_____________________________
Charles E. Swimley, Jr.

Public Works Director
Prepared by Sean Nathan, Senior Civil Engineer
CES/SN/cd
cc: Utility Manager
West Coast Arborists, Inc.

RESOLUTION NO. 2022-__

A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING

THE CITY MANAGER TO EXECUTE CHANGE ORDERS TO
THE 2021-2023 TREE MAINTENANCE CONTRACT WITH
WEST COAST ARBORISTS, INC., OF ANAHEIM

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

WHEREAS, the Public Works Department manages an annual on- call contract that provides for structural pruning, maintenance trimming, stump grinding, emergency calls, removal of City trees, pest control, and tree planting at various loc ations throughout the City ; and

WHEREAS, the contract was awarded to West Coast Arborists, Inc. , of Anaheim and the original contract amount was $673,480, of which $483,804 was expended in Fiscal Year 2021/22; and

WHEREAS, staff recommends
authorizing the City Manager to execute change orders
to the 2021-2023 Tree Maintenance c ontract with West C oast Arborists, Inc., in an amount not to exceed $330,324, in addition to the previously authorized $80,000.

NOW, THEREFORE, BE IT RESOLVED that the Lodi City Co uncil does hereby authorize the City Manager to execute change orders to the 2021- 2023 Tree Maintenance contract with West Coast Arborists, Inc ., of Anaheim, in an amount not to exceed $330,324, in addition to the previously authorized $80,000; 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: September 21, 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 September 21, 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-09

COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Stephen Schwabauer, City Manager
\\cvcfilv02\pubwks$\WP\PROJECTS\STORMDRN\Stormwater Trash Collection Project - Phase 2 (2021) (21-07)\CC_CO Auth_ces.doc 9/7/2022 AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Change Orders for an Additional $72,000 for Stormwater Trash Collection Project – Phase 2 (2021) M
EETING DATE: September 21, 2022
P
REPARED BY: Public Works Director
RE
COMMENDED ACTION: Adopt Resolution Authorizing City Manager to execute change orders for an additional $72,000 for Stormwater Trash Collection Project – Phase 2 (2021)
B
ACKGROUND INFORMATION: The project consists of installing a trash capture device in the storm drain line upstream from Outfall No. 4 located on the City owned Awani Drive Property, North of Turner Road. The device is designed to filter trash from the storm drain system before being discharged into the Mokelumne River. This project is in response to the statewide mandate requiring trash in the City’s storm drain system be collected prior to discharging to rivers or streams.

O
n August 18, 2021, Council authorized the City Manager to award the contract to Soracco, Inc. for $294,874 with the authority to execute change orders in the amount not-to-exceed $60,000. Construction has been substantially delayed due to County permitting issues.

T
he City owned, Awani Drive Property is regulated by the San Joaquin County Health Department (County) because it is a former landfill. From 1935 to 1955, the site was used as a municipal landfill which received grass clippings, tree limbs, leaves and construction debris. Accordingly, the County directed the City to provide a Health and Safety Work Plan prior to start of construction.

T
he Health and Safety Work Plan included soil testing which concluded the soil to be removed, to facilitate installation of the proposed trash capture device, is classified as hazardous. The County has now authorized the City to proceed with construction under the condition that all of the excavated soil be hauled-off to a special hazardous waste landfill.

U
pon receiving direction from the County to provide the Health and Safety Work Plan, Staff instructed the contractor to postpone ordering the trash capture device until the County permitted the work. Delaying the procurement of the trash capture device by approximately one year, coupled with recent inflation, has resulted in an increased cost of $23,565 for the item.

Th
e County’s condition requiring the excavated soil to be disposed of at a site permitted to receive hazardous waste has also increased the project cost. The contractor has provided a proposal to haul and dispose of the soil in Kettleman City (the closest hazardous waste landfill) for $39,910.

Adopt Resolution Authorizing City Manager to Execute Change Orders for an Additional $72 ,000 for Stormwater Trash Collection Project – Phase 2 (2021) September 21, 2022

Page 2 ends

\\cvcfilv02\pubwks$\WP\PROJECTS\STORMDRN\Stormwater Trash Collection Project - Phase 2 (2021) (21-07)\CC_CO Auth_ces.doc 9/7/2022

The total cost of these two additional items is $63,475 which exceeds the City Manager’s current change order authority of $60,000.

If this Council action is approved, the resulting project cost will be $358,349. Since construction has yet to begin, and additional unknown conditions are likely to be encountered at this location, Staff recommends maintaining approximately a 20% change order contingency for construction. This would require increasing the City Manager’s not to exceed change order authority by $72,000 to $132,000. The recommended increase will accommodate the costs associated with the County related delays ($63,475) and provide project funding to respond to unknown conditions during construction.

Staff recommends Council adopt a resolution authorizing the City Manager to execute change orders for an additional $72,000 for Stormwater Trash Collection Project – Phase 2 (2021).

FISCAL IMPACT: This project will move the City towards compliance by the 2030 deadline while slightly increasing annual storm drainage maintenance costs for the trash capture device. This project does not impact the General Fund.

FUNDING AVAILABLE: Budgeted Fiscal Year 2021/22- Wastewater Capital PWWW-21003 (53199000.77020): $430,350

______________________________________
Andrew Keys
Deputy City Manager/Internal Services Director

_______________________________
Charles E. Swimley, Jr.

Public Works Director

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

cc: Utility Superintendent

RESOLUTION NO. 2022-__

A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING

THE CITY MANAGER TO EXECUTE CHANGE ORDERS FOR
FOR STORMWATER TRASH COLLECTION PROJECT –
PHASE 2 (2021)

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

WHEREAS, the Stormwater Trash Collection Project Phase 2 (2021) consists of installing a trash capture device in the storm drain line upstream from Outfall No. 4 located on the City-owned Awani Drive Property, north of Turner Road; and

WHEREAS, on August 18, 2021, Council authorized the City Manager to award the contract to Soracco, Inc. , for $294,874 with the authority to execute change orders in an amount not to exceed $60,000; and

WHEREAS, construction has been substantially delayed due to County permitti ng issues and in that time the cost of the trash capture device has increased due to inflation; in addition the County required the excavation and disposal of contaminated soil which increased the project cost; and

WHEREAS, the total cost of the additional items is $63,475, which exceeds the City Manager’s current change order authority of $60,000; and

WHEREAS, staff recommends authorizing the City Manager to execute change orders for an additional $72,000 for Stormwater Trash Collection Project – Phase 2 (2021).

NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute change orders for an additional $72,000 for Stormwater Trash Collection Project – Phase 2 (2021); 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: September 21, 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 September 21, 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-10

COUNCIL COMMUNICATION
APPROVED: _________________________________
Stephen Schwabauer, City Manager
\\cvcfilv02\pubwks$\WP\PROJECTS\STORMDRN\Stormwater Trash Collection - Phase 3 (2022)\CAccept.doc 8/31/2022 AGENDA TITLE: Accept Improvements Under Contract for Stormwater Trash Collection Project - Phase 3 (2022)
M
EETING DATE: September 21, 2022
P
REPARED BY: Public Works Director
RE
COMMENDED ACTION: Accept improvements under contract for Stormwater Trash Collection Project - Phase 3 (2022).

B
ACKGROUND INFORMATION: This project includes installing a trash capture device in the storm drain line in Rivergate Drive, see attached Exhibit A. The device will filter trash as small as a cigarette butt from the storm drain system before it is discharged into Mokelumne River. This is the third of several similar installations needed to comply with a State mandate requiring the collection of all trash in storm drain systems that discharge into rivers or streams.

O
n March 2, 2022, the Council approved plans and specifications for this project, and authorized the City Manager to award contract to the lowest bidder not-to-exceed $400,000 and execute change orders not-to- exceed $40,000. The bid opening was held on March 30, 2022 and the City received the following three bids:

A
bove/(Below)
Bidder Location Bid Engineer’s Estimate
Engineer’s Estimate $388,000.00
Soracco, Inc. Lodi $249,870.000 ($138,130)
R.D. Morgan Construction, Inc. Ione $348,700.00 ($39,300) Pro Builders Orangeville $380,000.00 ($8,000)
T
he project contract was executed on April 20, 2022 to Soracco, Inc., of Lodi, in the amount of $249,870.00.

The City Manager executed one change order in the amount of $9,132.00 to address unexpected compaction related issues due to existing over-saturated subgrade. All work was completed in substantial conformance with the plans and specifications approved by City Council. The final contract price was $259,002.00 and the project was completed prior to the contract completion date.

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: This project will slightly increase annual storm drainage maintenance costs for the trash capture device.

Accept Improvements Under Contract for Stormwater Trash Collection Project - Phase 3 (2022) September 21, 2022

Page 2 ends

K:\WP\PROJECTS\STREETS\Downtown Concrete Cleaning Project\2019 Project\CSA.doc 8/31/2022

FUNDING AVAILABLE: This project was funded by Wastewater Capital fund.

_______________________________
Charles E. Swimley, Jr.

Public Works Director
Prepared by Jimi Billigmeier, Associate Civil Engineer
CES/JB/cd
Attachment
Cc: Richard Soracco
Soracco, Inc.

^_
Aw
ani Dr.

River
Pointe Cir.

Otta
Dr.

Rivergate Pl.

Lawrence
Av.

Olive Ct.

Daisy
Ave.

Rivergate
Dr.

Lincoln Av.

Palm Av.

River
Oaks
Dr.

RoyalOaks Ct.

Palm Av.

Lincoln Av.

Rivergate Dr.

River Pointe Dr.

Forrest
Av.

Louie Av.

Edgewood
Dr.

School St.

Daisy Ave.

Olive Ct.

Forrest Av.

Louie Av.

Eureka Av.

Lincoln Av.

Pleasant Av.

Church St.

Turner Rd.

EXHIBIT A

STORMWATER TRASH COLLECTION PROJECT -
PHASE 3 (2022)

SITE MAP
Legend
Phase 3 Boundary
^_ Trash Capture Device Location
µ
0 1,000500
Feet
AGENDA ITEM C-11

COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement with Casey Printing, Inc., of King City, CA for Recreation Activity Guide Printing for the Parks, Recreation and Cultural Services Department ($111,493 for up to 5 years) MEETING DATE: September 21, 2022
P
REPARED BY: Parks, Recreation and Cultural Services Director RE
COMMENDED ACTION: Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement with Casey Printing, Inc., of King City, CA for recreation activity guide printing for the Parks, Recreation and Cultural Services Department ($111,493 for up to 5 years).

B
ACKGROUND INFORMATION: The Parks, Recreation and Cultural Arts Department (PRCS) publishes a recreation activity guide three times per calendar year. The guide is one of the primary marketing tools for the department’s recreation division and is used by the greater community to select recreational activities, programs and events to participate in.

C
asey Printing has printed the PRCS activity guide since 2010. Their current contract expired August 31, 2022.

P
RCS issued a Request for Proposals (RFP) for Printing Services for three annual recreation activity guides and was sent to seven local printing service providers in the central valley. The RFP was also posted on the City’s webpage for four weeks. Two proposals were received; Casey Printing and On-Line Printing and Graphics.

P
er the City of Lodi Purchasing Policy for Professional Services, a selection committee made up of two employees reviewed the two proposals for their general quality and responsiveness, their history of printing activity guides for other parks and recreation agencies, and their price breakdown. The selection committee found that Casey Printing provided the most complete proposal including a no conflict statement, fee proposal, resumes, examples of work and references. Their bid proposal came in as the least expensive compared to the other bid and their samples of work contained well-printed, similar guides they’ve produced for other cities.

B
ased on its complete proposal, as well as its experience printing activity guides for Lodi and other agencies, staff asks that Council approve the resolution authorizing the City Manager to execute a Professional Services Agreement for a three-year period, September 1, 2022 to August 31, 2025, with the option of two, one (1) -year extensions for a total amount not to exceed $111,493 over five years to Casey Printing.

Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement with Casey Printing, Inc., of King City, CA for Recreation Activity Guide Printing for the Parks, Recreation and Cultural Services Department ($111,493 for up to 5 years)
September 21, 2022

Page 2 ends

Staff anticipates the actual cost to be less, as the contract gives the City the option to reduce the number of copies printed each season.

FISCAL IMPACT: Total not-to-exceed of $111,493 for the proposed three-year agreement with the two, one-year options to extend.

FUNDING AVAILABLE: Funding included in Printing/Binding/Duplication 20073001.72301 beginning in FY 2022/23.

_______________________________________
Andrew Keys
Deputy City Manager/Internal Services Director

_______________________________________
Christina Jaromay
Parks, Recreation and Cultural Services Director

CJ/LJ:tl

cc: City Attorney

Exhibit A – Scope of Service
Exhibit B – Fee Proposal
Exhibit C - Insurance

RESOLUTION NO. 2022-____

A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE

CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT WITH CASEY PRINTING, INC., OF KING CITY, FOR

RECREATION ACTIVITY GUIDE PRINTING FOR THE PARKS,

RECREATION AND CULTURAL SERVICES DEPARTMENT
========================================================================

WHEREAS, the Lodi Parks, Recreation and Cultural Services (PRCS) publishes a recreation activity guide three times per calendar year; and

WHEREAS, the guide is one of the primary market ing tools for PRCS’s Recreation Division and is used by the greater community to select recreational activities, programs and events to participate in; and

WHEREAS, PRCS issued a Request for Proposals for Printing Services for three annual recreation Activity Guides. Two responses were received; and

WHEREAS, a selection committee made up of two employees reviewed the proposals for their general quality and responsiveness; Casey Printing, Inc., was found to be the most responsive.

NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute the Pro fessional Services Agreement with Casey Printing, Inc., of King City, California, for the term of three years from September 1, 2022 to August 31, 2025, with the option to extend the agreement for two one-year terms for printing services for Parks, Recreation and Cultural Services in an amount not to exceed $111,493 over the possible five- year term; and

Dated: September 21, 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 September 21, 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-12

COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Amendment 2 to Professional Services Agreement with Power Centric Solutions, LLC of Gallatin, TN for Lodi Electric Utility Engineering System Study Services ($125,000)
M
EETING DATE: September 21, 2022
P
REPARED BY: Electric Utility Director
RE
COMMENDED ACTION: Adopt a resolution authorizing the City Manager to execute Amendment 2 to the Professional Services Agreement with Power Centric Solutions, LLC of Gallatin, TN for Lodi Electric Utility Engineering System Study Services in an amount not-to-exceed $125,000.

B
ACKGROUND INFORMATION: In August 2020, the City Council approved a Professional Services Agreement (Agreement) with Power Centric Solutions, LLC (PCS) for a comprehensive engineering study of the electric distribution system.

T
he primary task associated with the original Agreement included updating Lodi Electric Utility’s (LEU) existing distribution system circuit model and analyzing load serving capabilities. In February 2021, the City Council approved Amendment 1 to the Agreement with PCS to perform updated system loss studies, support the integration of LEU’s engineering software to the new GIS platform, perform interconnection studies as needed, as well as provide other engineering expertise to support LEU.

LE
U has identified various other tasks that need significant engineering support including load growth evaluation, engineering analysis and support for relay upgrade projects at various substations, capacitor placement study to improve overall system performance, and various other general engineering services. As a result, staff are requesting approval of Amendment 2 to the Agreement in the amount of $125,000 through December 2023. Combined with the original Agreement in the amount of $49,600 and Amendment 1 in the amount of $75,000, this will bring the total not-to-exceed amount for PCS’s services to $249,600 through December 2023.

F
ISCAL IMPACT: Amendment 2 not-to-exceed cost of $125,000.

F
UNDING AVAILABLE: Sufficient funds are available in the amount of $75,000 for Fiscal Year 2023 in 50061500.72450. Additional funds will be budgeted as part of the Fiscal Year 2024 budget planning process.

Adopt Resolution Authorizing City Manager to Execute Amendment 2 to Professional Services Agreement with Power Centric Soluti ons, LLC of Gallatin, TN for Lodi Electric Utility Engineering System Study Services ($125,000)
September 21, 2022

Page 2 ends

______________________________________
Andrew Keys
Deputy City Manager/Internal Services Director

_______________________________________
Jeff Berkheimer
Electric Utility Director

RESOLUTION NO. 2022-____

A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE
CITY MANAGER TO EXECUTE AMENDMENT NO. 2 TO THE PROFESSIONAL

SERVICES AGREEMENT WITH POWER CENTRIC SOLUTIONS, LLC, OF

GALLATIN, TENNESSEE, FOR LODI ELECTRIC UTILITY ENGINEERING

SYSTEM STUDY SERVICES
========================================================================

WHEREAS, in August 2020, the City Council approved a Professional Services Agreement (Agreement) with Power Centric Solutions, LLC (PCS) in the amount of $49,600 for a comprehensive engineering study of the electric distribution system with the primary task of updating Lodi Electric Utility’s (LEU) existing distribution system circuit model and analyzing load serving capabilities; and

WHEREAS, in February 2021, the City Council approved Amendment No. 1 to the Agreement with PCS in the amount of $75,000 to perform updated system loss studies, support the integration of LEU’s engineering software to the new GIS platform, perform interconnection studies as needed, as well as provide other engineering expertise to support LEU; and

WHEREAS, LEU has identified various other tasks that need significant engineering support, including load growth evaluation, engineering analysis and support for relay upgrade projects at various substations, capacitor placement study to improve overall system performance, and various other general engineering services; and

WHEREAS, staff are therefore requesting approval of Amendment No. 2 to the Agreement in the amount of $125,000 through December 2023 to complete these additional tasks.

NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute Amendment No. 2 to the Professional Services Agreement with Power Centric Solutions, LLC, of Gallatin, Tennessee, for Lodi Electric Utility Engineering System Study Services, in an amount not to exceed $125,000 for a total approved contract amount of $249,600, and thereby extending the term to December 31, 2023; and

Dated: September 21, 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 September 21, 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-13

COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Adopt Resolution Authorizing City Manager to Accept the 2021 AFG Grant Award (EMW- 2021-FG-01313) and Execute All Necessary Documents to Participate in the Advanced Life Support Program and Appropriate $930,928
M
EETING DATE: September 21, 2022
P
REPARED BY: Fire Chief
RE
COMMENDED ACTION: Adopt Resolution Authorizing City Manager to Accept the 2021 AFG Grant Award (EMW-2021-FG-01313) and Execute All Necessary Documents to Participate in the Advanced Life Support Program and Appropriate $930,928.

B
ACKGROUND INFORMATION: The Lodi Fire Department (LFD) is pursuing authorization to transition into providing advanced life support (ALS) services. LFD has continuously provided basic life support (BLS) for emergency medical response for over 50 years. One of the primary functions of the fire service is continually assessing the needs of the community and meeting them. ALS has become the industry standard for the California fire service. Lodi is one of two cities in San Joaquin County that does not provide ALS services. It has been proven that early delivery of CPR, cardiac defibrillation, airway management, and other medical intervention saves lives and would therefore benefit the citizens of Lodi.

I
n an effort to make the transition to ALS services, the LFD applied for an Assistance to Firefighters Grant (AFG) to receive funding to send nine individuals to paramedic school and pay for the overtime to backfill the positions.

On August 19, 2022, the grant application was approved for award. Upon acceptance, the federal portion of the award to the City of Lodi (COL) would be $930,927.27 and the city’s portion for the matching obligation would be $93,092.73.

T
he tentative plan to transition to ALS services would include entering into an agreement with San Joaquin County Emergency Medical Services Authority, which would allow LFD to provide ALS services in San Joaquin County. It has been determined that Station 2 (2 S. Cherokee Lane) would be the first engine company to be staffed with a paramedic. Station 3 (2141 S Ham Lane) would be next, followed by Station 1 (210 W. Elm Street), and Station 4 (180 N. Lower Sacramento Road). After the 9 firefighters have completed their schooling, the intention would be to hire firefighter/paramedics moving forward with the ultimate goal being 15 firefighter/paramedics and one Battalion Chief/Paramedic by the end of fiscal year 2024 or beginning of fiscal year 2025. This would allow all four engine companies to be staffed with a paramedic.

The one-time costs for medications and cardiac monitors are approximately $314,000. Once the paramedic program has started additional costs will include, ten call accreditation (overtime approxi mately $111,00) and training aides (approximately $40,000). It is anticipated that the most of these costs will be covered by excess funds from the AFG grant.

The ongoing operations cost of a paramedic program, which include a paramedic incentive, stipends, service contracts for the cardiac monitors, and replacement costs over time for the cardiac monitors would be borne by the General Fund in future years. It is estimated that the cost for 15 Firefighter/Paramedics and 1 Battalion Chief Paramedic would c ost $ 337,000 annually. This would allow all four engine companies to be staffed with a paramedic.

FISCAL IMPACT: The impact to expense in fiscal year 2023 would be $93,092.73 for the matching portion of the grant to send personnel to paramedic school and backfill the positions. This would be funded with anticipated salary savings. The AFG would provide $930,927.27 which covers 90% of the cost of paramedic school and the backfill of overtime.

Based on this plan, the maximum fiscal impact for one- time equipment would be approximately $314,000. This will be paid for by General Fund reserves.

FUNDING: The cost of paramedic school for nine personnel and the cost associated with backfilling the overtime would be paid for by the AFG grant. The city’s matching obligation would be funded with anticipated salary savings. Funding for ongoing operation of a mature ALS program will be a General Fund expense.

_______________________________________
Andrew Keys
Deputy City Manager/Internal Services Director

_________________________________________
Kenneth Johnson
Fire Chief

RESOLUTION NO. 2022-_____

A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE
CITY MANAGER TO ACCEPT THE 2021 AFG GRANT AWARD
(EMW-2021-FG-01313) AND EXECUTE ALL NECESSARY DOCUMENTS TO PARTICIPATE IN THE ADVANCED LIFE SUPPORT PROGRAM; AND

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

WHEREAS, the Lodi Fire Department (LFD) is pursuing authorization to transition into providing advanced life support (ALS) services; and

WHEREAS, the tentative plan to transition to ALS services would include entering into an agreement with San Joaquin County Emergency Medical Services Authority, which would allow LFD to provide ALS services in San Joaquin County; and

WHEREAS, in an effort to make the transition to ALS services, the LFD applied for an Assistance to Firefighters Grant (AFG) to receive funding to send nine individuals to paramedic school and pay for the overtime to backfill the positions; and

WHEREAS, on August 19, 2022, the grant application was approved for award. Upon acceptance, the federal portion of the award to the City of Lodi (COL) would be $930,927.27 and the City’s portion for the matching obligation would be $93,092.73; and

WHEREAS, it has been determined that Station 2 (2 S outh Cherokee Lane) would be the first engine company to be staffed with a paramedic. Station 3 (2141 S outh Ham Lane) would be next, followed by Station 1 (210 W est Elm Street), and Station 4 (180 N orth Lower Sacramento Road); and

WHEREAS, once the paramedic program has started, additional costs will include, ten call accreditation (overtime approximately $111,00 0) and training aides (approximately $40,000). It is anticipated that most of these costs will be covered by excess funds from the AFG grant; and

WHEREAS, staff recommends authorizing the City Manager to accept the 2021 AFG grant award (EMW-2021-FG-01313) and execute all necessary documents to participate in the ALS program and appropriate funds in the amount of $930,928.

NOW, THEREFORE, BE IT RESOLVED that the L odi City Council does hereby authorize the City Manager to accept the 2021 AFG grant award (EMW -2021-FG-01313) and execute all necessary documents to participate in the ALS program; and

BE IT FURTHER RESOLVED that funds in the amount of $930,928 be appropriated:

$930,928 – 10040001.56004 (rev)
$813,928 – 10041000.71002 (exp)
$117,000 – 10041000.72358 (exp)

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: September 21, 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 September 21, 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-14

COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Adopt Resolution Ratifying Expenditure of One Million Dollars from General Operating Reserves Held at Northern California Power Agency for September 2022 Power Supply Costs
M
EETING DATE: September 21, 2022
P
REPARED BY: Electric Utility Director
RE
COMMENDED ACTION: Adopt a resolution ratifying the expenditure of one million dollars from General Operating Reserves held at Northern California Power Agency (NCPA) for the September 2022 power supply costs.

B
ACKGROUND INFORMATION: On August 25 , 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 September.

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. Most recently, City Council took action at its August 17, 2022 meeting to use $1.5 million in reserves to help mitigate energy costs for Lodi customers during the month of August.

O
nce again, the utility is faced with a record high ECA for September 2022. 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, the City’s Risk Oversight Committee took action to approve the use of one million dollars in Adopt Resolution Ratifying Expenditure of One Million Dollars from General Operating Reser ves Held at Northern California Power Agency for September 2022 Power Supply Costs
September 21, 2022

Page 2 ends

reserves from its General Operating Reserve (GOR) to cover a portion of the September 2022 power supply charges to reduce the September 2022 ECA by close to 30 percent - down to 5.97 cents/kWh as compared to over 8 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 July 31, 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 of approximately 3 percent in Fiscal Year (FY) 24/25 followed by 2 percent in FY 25/26.

FISCAL IMPACT: One million dollars 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 $11,246,693 as of July 31, 2022. This balance does not include the $1.5 million used to pay a portion of the August 2022 power supply costs as authorized by City Council.

_______________________________________
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 ONE MILLION DOLLARS FROM GENERAL OPERATING RESERVES

HELD AT NORTHERN CALIFORNIA POWER AGENCY FOR
SEPTEMBER 2022 POWER SUPPLY COSTS
========================================================================

WHEREAS, on August 25, 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 September; 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 m ore 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 i mpacting 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; 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 escalate 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, most recently, City Council took action at its August 17, 2022 meeting to use $1.5 million in reserves to help mitigate energy costs for Lodi customers during the month of August; and

WHEREAS, once again, the utility is faced with a record high ECA for September 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, the City’s Risk Oversight Committee took action to approve the use of one million dollars in reserves from its General Operating Reserve (GOR) to cover a portion of the September 2022 power supply charges to reduce the September 2022 ECA by close to 30 percent - down to 5.97 cents/kWh as compared to over 8 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 July 31, 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, the Lodi City Council does hereby ratify the expenditure of one million dollars from the GOR held at NCPA for September 2022 power supply costs.

Dated: September 21, 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 September 21, 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: Adopt Resolution Accepting and Attesting to Veracity of 2021 Lodi Electric Utility Power Source Disclosure and Power Content Label Reports and Authorizing Electric Utility Director to Submit Required Reports to California Energy Commission
M
EETING DATE: September 21, 2022
P
REPARED BY: Electric Utility Director
RECOMMENDED ACTION: Adopt a resolution accepting and attesting to the veracity of the 2021 Lodi Electric Utility Power Source Disclosure and Power Content Label reports and authorizing the Electric Utility Director to submit the required reports to the California Energy Commission.

BA
CKGROUND INFORMATION: Lodi Electric Utility (LEU) is required to annually disclose the sources of electricity it sells to consumers using reporting formats provided by the California Energy Commission (CEC).

P
er Assembly Bill (AB) 162, Senate Bill (SB) 1305, AB 110 and AB 2227, LEU is required to first submit a Power Source Disclosure (PSD) to the CEC detailing its actual resource mix for the reporting year as illustrated in Exhibit A.

T
he CEC then compiles power resource information from all load serving entities to issue a resource mix for all of California. LEU is then required to provide a Power Content Label (PCL) to its customers and the CEC showing the per
centage breakdown by resource type as illustrated in Exhibit B. Generation data for both reports is compiled by the Northern California Power Agency (NCPA) and reviewed for accuracy by LEU staff.

A
ll reporting activities must be completed by October 1, 2022 including notification to LEU’s customers. Customer notification will be done via utility bills, LEU’s website, social media, and postings at various City site locations including LEU, City Hall, Carnegie Forum, and the Library.

LE
U continues to remain compliant with Renewables Portfolio Standard requirements. Diversification of power resources and investment in renewables to fix costs and mitigate future energy market price risk supports maintaining a cost-effective power portfolio.

On May 17, 2022 and August 25, 2022 the Risk Oversight Committee received the reports and recommended acceptance and attestation to the veracity of the 2021 LEU PSD and PCL, attached as Exhibits A and B.

F
ISCAL IMPACT: Not applicable.

F
UNDING AVAILABLE: Not applicable
____ ____________________________________
J eff Berkheimer
Electric Utility Director

Exhibit A
2021 Lodi Electric Utility Power Source Disclosure

Exhibit B
2021 Lodi Electric Utility Power Content Label

RESOLUTION NO. 2022-____

A RESOLUTION OF THE LODI CITY COUNCIL ACCEPTING AND ATTESTING TO VERACITY OF 2021 LODI ELECTRIC UTILITY POWER SOURCE DISCLOSURE AND

POWER CONTENT LABEL REPORTS AND AUTHORIZING ELECTRIC UTILITY DIRECTOR

TO SUBMIT REQUIRED REPORTS TO CALIFORNIA ENERGY COMMISSION ======================================================================== WHEREAS, per Assembly Bill 162, Senate Bill 1305, Assembly Bill 110 and Assembly Bill 2227, Lodi Electric Utility (LEU) is required to annually disclose the sources of electricity it sells to consumers using reporting formats provided by the California Energy Commission (CEC); and WHEREAS, Section 1394(b)(2) of the CEC’s Power Source Disclosure Program Regulations allows a retail supplier that is a public agency providing electric service to attest to the veracity of the annual disclosure; and
WHEREAS, as part of that disclosure, LEU is required to first submit a Power Source Disclosure (PSD) to the CEC detailing its actual resource mix for the reporting year; and WHEREAS, the CEC then compiles power resource information from all load serving entities to issue a resource mix for all of California; and WHEREAS, LEU is then required to provide a Power Content Label (PCL) to its customers and the CEC showing the percentage breakdown by resource type; and WHEREAS, generation data for both reports is compiled by Northern California Power Agency staff and reviewed for accuracy by LEU staff; and WHEREAS, all reporting activities for 202 1 must be completed by October 1, 2022 , including notification to LEU customers which will be done via utility bills, LEU’s website, social media, and postings at various City site locations, including LEU, City Hall, Carnegie Forum, and the Library; and
WHEREAS, diversification of power resources and investment in renewables to fix costs and mitigate future energy market price risk supports maintaining a cost-effective power portfolio; and
WHEREAS, on May 17, 2022 and August 25, 20 22, the Risk Oversight Committee received reports and recommended acceptance and attestation of the 2021 LEU PSD and PCL, attached as Exhibits A and B, respectively.

NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby accept and attest to the veracity of the 2021 Lodi Electric Utility Power Source Disclosure and P ower Content Label Reports; and
BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize the Electric Utility Director to submit the required reports to the California Energy Commission.

Dated: September 21, 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 September 21, 2022, by the following vote:

AYES: COUNCIL MEMBERS –

NOES: COUNCIL MEMBERS –

ABSENT: COUNCIL MEMBERS –

ABSTAIN: COUNCIL MEMBERS –

OLIVIA NASHED
City Clerk
2022-____

Exhibit A
2021 Lodi Electric Utility Power Source Disclosure

Exhibit B
2021 Lodi Electric Utility Power Content Label

AGENDA ITEM C-16

COUNCIL COMMUNICATION
APPROVED: _________________________________
Stephen Schwabauer, City Manager
\\cvcfilv02\pubwks$\WP\TRAFFIC\CCLodiAveNoParking.doc 9/8/2022 AGENDA TITLE: Adopt Resolution Amending Traffic Resolution No. 97-148 by Approving No Parking along the North Side of Lodi Avenue from Lower Sacramento Road East Approximately 1000 Feet, Approving Two-Way Stop Controls on Bloomfield Drive at Concerto Street, Valencia Street at Cornelia Avenue, Cornelia Avenue at Ashton Street, Pegasus Drive at Ashton Street, and Celebration Drive at Heirloom Avenue, Approving Yield Control on Marigold Way at Primrose Drive, Calla Drive at Tulip Way, Gladiola Drive at Tulip Way, and Zinnia Way at Calla Drive, and Approving Berlanda Lane and Lebaron Boulevard from Reynolds Ranch Parkway to Olympic Avenue as Through Streets
M
EETING DATE: September 21, 2022
P
REPARED BY: Public Works Director
RE
COMMENDED ACTION: Adopt Resolution Amending Traffic Resolution No. 97-148 by Approving No Parking along the north side of Lodi Avenue from Lower Sacramento Road east approximately 1000 feet, approving two-way stop controls on Bloomfield Drive at Concerto Street, Valencia Street at Cornelia Avenue, Cornelia Avenue at Ashton Street, Pegasus Drive at Ashton Street, and Celebration Drive at Heirloom Avenue, approving yield control on Marigold Way at Primrose Drive, Calla Drive at Tulip Way, Gladiola Drive at Tulip Way, and Zinnia Way at Calla Drive and approving Berlanda Lane and Lebaron Boulevard from Reynolds Ranch Parkway to Olympic Avenue as through streets.

B
ACKGROUND INFORMATION: Public Works staff received a request from the Parkview Terrace Homeowners Association, located at the northeast corner of Lower Sacramento Road and Lodi Avenue, to install no parking along Lodi Avenue fronting the complex. The request is based on the safety of their residents and guests entering and exiting the complex.

For
new residential developments, parking is typically restricted along where the rear lot lines (fences or walls) are adjacent to a City Street. This is also known as “reverse frontage.” The Parkview Terrace development was constructed over 30 years ago and the parking restriction along Lodi Avenue was not included as a condition of project approval.

C
alvary Church and Vineyard Christian Middle School are located at the northwest corner of Lodi Avenue and Allen Drive and adjacent to Parkview Terrace. The proposed parking restriction will satisfy sight distance criteria and accommodate on street overflow parking for the adjacent church and school as needed, (Exhibit A). Staff is requesting Council adopt a resolution amending Traffic Resolution No. 97-148 to include parking restrictions noted above.

Adopt Resolution Amending Traffic Resolution No. 97-148 by Approving No Parking along the North Side of Lodi Avenue from Lower Sacramento Road East Approximately 1000 Feet, Approving Two-Way Stop Controls on Bloomfield Drive at Concerto Street, Valencia Street at Cornelia Avenue, Cornelia Avenue at Ashton Street, Pegasus Drive at Ashton Street, and Celebration Drive at Heirloom Avenue, Approving Yield Control on Marigold Way at Primrose Drive, Calla Drive at Tulip Way, Gladiola Drive at Tulip Way, and Zinnia Way at Calla Drive, and Approving Berlanda Lane and Lebaron Boulevard from Reynolds Ranch Parkway to Olympic Avenue as Through Streets
September 21, 2022

Page 2 ends

K:\WP\TRAFFIC\CCNoParkingIndustrialArea.doc 9/8/2022
The various traffic control devices including the stop and yield controls at the above listed intersections were installed as part of new residential developments (See Exhibit B). Staff is requesting Council adopt a resolution amending Traffic Resolution No. 97-148 to include these existing traffic control devices and through street designations.

Staff recommends amending Traffic Resolution No. 97-148, by approving no parking along the north side of Lodi Avenue from Lower Sacramento Road east approximately 1000 feet, approving two-way stop controls on Bloomfield Drive at Concerto Street, Valencia Street at Cornelia Avenue, Cornelia Avenue at Ashton Street, Pegasus Drive at Ashton Street, and Celebration Drive at Heirloom Avenue, approving yield control on Marigold Way at Primrose Drive, Calla Drive at Tulip Way, Gladiola Drive at Tulip Way, and Zinnia Way at Calla Drive and approving Berlanda Lane and Lebaron Boulevard from Reynolds Ranch Parkway to Olympic Avenue as through streets.

FISCAL IMPACT: Minimal Fiscal Impacts

FUNDING AVAILABLE: Street Maintenance – Special Department Materials (3215031): $200 sign installation cost

______________________________________
Andrew Keys
Deputy City Manager/Internal Services Director

_______________________________
Charles E. Swimley, Jr.

Public Works Director

Prepared by Teri Mangrich, Engineering Technician
CES/DK/tm
Attachment

cc: Vineyard Christian Middle School
Calvary Church Lodi
Senior Civil Engineer, Nathan
Senior Traffic Engineer, Kam
Utility Manager
Police Chief
Lodi Av.

Allen Dr.

Low
er Sacram
ento Rd.

Cabrillo Cir.

Kristm
ont St.

La Vida Dr.

Leland Ct.

MacArthur Parkway
Central Park Dr.

Gram
ercy Park Dr.

Hyde Park Cir.

Central Park Dr.

Central Park Dr.
µ

PROPOSED NO PARKING ALONG

NORTH SIDE OF LODI AVENUE
0 100 20050 Feet
205' PARKING~ 1,000' PROPOSED NO PARKING
Parkview Terrace
Vineyard
Christian
Middle
School
&
Calvary
Church
LEGEND
Proposed No Parking

EXHIBIT A
Lebaron Blvd.

Isabella Dr.

Stockton St.

Olym
pic Av
Valera Ave.

Source: Esri, Maxar, Earthstar
Geographics, and the GIS User
Community
µ

TRAFFIC CONTROL DEVICES INSTALLED

IN VARIOUS NEW RESIDENTIAL DEVELOPMENTS
LEGEND
Through Street

EXHIBIT B
Century Blvd.

Primrose Dr.

Van Ruiten Dr.

Tulip Wy.

W
estgate Dr.

Henri Ln.

Calla Dr.

Violet St.

Berlanda Ln.

Zinnia Wy. Pollock W
y.

Low
er Sacram
ento Rd.

McIntosh Dr.

Botticelli W
y.

Raphael Wy.

Fuchsia Dr.

Daffodil Dr.

Blossom
Dr.Larkspur Ln.

Mayfair St.

M
arigold W
y.

Heather St.

Carnation Wy.

Cameo St.

Petal Wy. Bellows Wy.

Leonardo Wy.

Bernini Wy. Orchis Dr.

Gladiola Dr.

Mayfair Ct.

Century Blvd.

Olive Av.

Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community Yield / Stop Control
Lodi Av.

Ashton St.

Westgate Dr.

Valencia St.

Carrousel St.

Celebration Dr.

Tiffany St.

Artistry St.

Cornelia Av.

Dazzler St.

Radiance St.

Concerto St.

Ambrosia St.

Maytime Wy.

Source: Esri, Maxar, Earthstar
Geographics, and the GIS User
Community
Reynolds Ranch Pkwy
RESOLUTION NO. 2022-____

A RESOLUTION OF THE LODI CITY COUNCIL AMENDING TRAFFIC RESOLUTION NO. 97-148 BY APPROVING NO PARKING ALONG THE NORTH SIDE OF

LODI AVENUE FROM LOWER SACRAMENTO ROAD EAST APPROXIMATELY 1,000 FEET; APPROVING TWO-WAY STOP CONTROLS ON BLOOMFIELD DRIVE

AT CONCERTO STREET, VALENCIA STREET AT CORNELIA AVENUE,

CORNELIA AVENUE AT ASHTON STREET, PEGASUS DRIVE AT ASHTON STREET, AND CELEBRATION DRIVE AT HEIRLOOM AVENUE; APPROVING YIELD CONTROL

ON MARIGOLD WAY AT PRIMROSE DRIVE, CALLA DRIVE AT TULIP WAY, GLADIOLA DRIVE AT TULIP WAY, AND ZINNIA WAY AT CALLA DRIVE; AND

APPROVING BERLANDA LANE AND LEBARON BOULEVARD FROM

REYNOLDS RANCH PARKWAY TO OLYMPIC AVENUE AS THROUGH STREETS ========================================================================

WHEREAS, staff received a request from the Parkview Terrace Homeowners Association, located at the northeast corner of Lower Sacramento Road and Lodi Avenue, to install no parking along Lodi Avenue fronting the complex; and

WHEREAS, for new residenti al developments, parking is t ypically restricted along reverse frontage, however , the Parkview Terrace development was constructed over 30 years ago and the parking restriction along Lodi Avenue was not included as a condition of project approval; and

WHEREAS, the various traffic control devices , including the stop and yield controls at the above listed intersections, were installed as part of new residential developments; and

WHEREAS, staff recommends amending Traffic Resolution No. 97-148, by approving no parking along the north side of Lodi Avenue from Lower Sacramento Road east approximately 1,000 feet; approving two- way stop controls on Bloomfield Dri ve at Concerto Street, Valencia Street at Cornelia Avenue, Cornelia Avenue at Ashton Street, Pegasus Drive at Ashton Street, and Celebration Drive at Heirloom Avenue; approving yield control on Marigold Way at Primrose Drive, Calla Drive at Tulip Way, Gladiola Drive at Tulip Way, and Zinnia Way at Calla Drive; and approving Berlanda Lane and Lebaron Boul evard from Reynolds Ranch Parkway to Olympic Avenue as through streets.

NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby amend Traffic Resolution No. 97-148 by approving no parking along the north side of Lodi Avenue from Lower Sacram ento Road east approximately 1, 000 feet ; approving two-way stop controls on Bloomfield Drive at Concerto Street, Valencia Street at Cornelia Avenue, Cornelia Avenue at Ashton Street, Pegasus Drive at Ashton Street, and Celebration Drive at Heirloom Avenue; approving yield control on Marigold Way at Primrose Drive, Cal la Drive at Tulip Way, Gladiola Drive at Tulip Way, and Zinnia Way at Calla Drive; and approving Berlanda Lane and Lebaron Boulevard from Reynolds Ranch Parkway to Olympic Avenue as through streets.

Dated: September 21, 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 September 21, 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-17

COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Appoint Aubrey Jomaoas, Emma Winn, Finn Moran, Liliana Hillstrom, and Reed Waters to the Greater Lodi Area Youth Commission
MEETING DATE: September 21, 2022
PREPARED BY: City Clerk
RECOMMENDED ACTION: Appoint Aubrey Jomaoas, Emma Winn, Finn Moran, Liliana Hillstrom, and Reed Waters to the Greater Lodi Area Youth Commission.

BACKGROUND INFORMATION: The City Council directed the City Clerk to post for seven vacancies on the Greater Lodi Area Youth Commission on March 16 and May 18, 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
Reed Waters Term to expire May 31, 2023
Aubrey Jomaoas Term to expire May 31, 2024
Emma Winn Term to expire May 31, 2024
Finn Moran Term to expire May 31, 2024
Liliana Hillstrom Term to expire May 31, 2024
NOTE: Five applicants (no applications seeking reappointment, no applications on file, five new applications); posting ordered 3/16/22 and 5/18/22; application deadline – open until filled.

F
ISCAL IMPACT: Not applicable.

F
UNDING AVAILABLE: Not applicable.
_______________________________

Olivia Nashed
City Clerk
AGENDA ITEM C-18

COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Adopt Resolution Amending Lodi Senior Citizens Commission Bylaws MEETING DATE: September 21, 2022
P
REPARED BY: Parks, Recreation and Cultural Services Director RE
COMMENDED ACTION: Adopt resolution amending Lodi Senior Citizens Commission bylaws.

B
ACKGROUND INFORMATION: The Lodi Senior Citizens Commission (Commission) bylaws were adopted in 1985 and had not been updated or amended since its adoption. Staff’s suggested changes to the bylaws were reviewed and approved by the Commission at their July 7, 2022, meeting.

T
he attached bylaws reflect the Commission-recommended changes from the July 7, 2022, meeting.

R
ecommended change includes:
1) T
erm of Office of Members: The terms of office in the 1985 version of the bylaws are outdated and contain dates from 1986-1989. The recommended terms align with those in the Parks and R
ecreation Commission bylaws to include four-year terms beginning January 1 of each year.

Existing officers will continue their terms until they expire. 2) Vacancy: Additional language was added to the Vacancy requirements to address any member who is appointed to fill a vacancy prior to its expiration of term. 3) Meeting of the Commission: Additional information was added to the Meetings of the Commission t
o include time, day and location of the meeting and various procedures and Brown Act requirements.
4) Outline: The outline reflects the format of the Parks and Recreation Commission Bylaws and i
ncludes additions not stated in the previous bylaws.
5) A
dditions: Meetings and Rules of Order, General Order and Conduct of Business, and Rules of Debate were added to the bylaws. These additions align with the content in the Parks and R
ecreation Commission bylaws.

Adopt Resolution Amending Lodi Senior Citizens Commission Bylaws September 21, 2022

Page 2 ends

FISCAL IMPACT: Not applicable.

FUNDING AVAILABLE: Not applicable.

_______________________________
Christina Jaromay
Parks, Recreation, and Cultural Services Director

CJ/LJ:tl

cc: City Attorney

Attachment: Exhibit A

COMMISSION SERVICE AND BY LAWS

LODI SENIOR CITIZENS COMMISSION

1 | Page

I. PURPOSE, ROLE, SCOPE AND FUNCTION
A. THE FUNCTIONS OF THE SENIOR CITIZENS COMMISSION SHALL BE TO;

1. Advise the City Council and the City Staff on all matters relating to policies and programs which will serve all senior citizens of this community and shall include:
a) Identify the needs of the aging of the community and create a citizen awareness of these needs.
b) Advise the City Council on all matters affecting the aging in the community. c) Render advice and assistance to other City boards and commissions, to City departments and to private agencies on matters affecting the aging. d) Explore improved standards of services to the aging and explore establishment of needed new services for the aging, both public and private, and in so doing encourage coordination among organizations providing services to the aging in the community and provide advice and assistance thereto; in cooperation with other agencies collect, maintain and interpr et information and statistics on the aging for the use of citizens and organizations in the City; encourage preparation of publications and results of study and research pertaining to the aging.
e) Perform such other functions and duties as may be directed by the City Council.

II. THE COMMISSION/COMMISSIONER SERVICES
A. MEMBERSHIP

1. The Membership shall consist of seven (7) members appointed by the Mayor and approved by the City Council.

B. TERM OF OFFICE OF MEMBERS

1. Commissioners are appointed for a four -year (4) term of office providing they meet meeting and participation requirements. The terms of office for all members of the Commission shall run from January 1 of each year. Each member shall serve at the pleasure of the Mayor and the City Council until his/her successor is appointed and qualified.

C. VACANCY

1. Vacancies on said Commission, from whatever cause, shall be filled by the City Council.

2. Any member appointed to fill the vacancy occurring prior to the expiration of the term for which his or her predecessor was appointed shall be appointed for the remainder of such term.

III. THE COMMISSION/COMMISSIONER
A. OFFICERS OF THE COMMISSION

1. The Lodi Senior Citizens Commission shall, at its first regular meeting of each calendar year, select one of its members as Chairperson and one of its members as Vice Chairperson. The Chairperson shall serve for a period of one (1) year , and the Vice Chairperson shall serve for

EXHIBIT A

COMMISSION SERVICE AND BY LAWS

LODI SENIOR CITIZENS COMMISSION

2 | Page

a period of one (1) year. Members so selected may serve in s uch positions for a maximum of two consecutive years.

B. SECRETARY TO THE SENIOR CITIZENS COMMISSION

1. The City Manager shall appoint an officer or an employee of the City who shall act as Secretary to the Senior Citizens Commission.

C. STATEMENTS OF ECONOMIC INTEREST

1. Pursuant to the State of California Political Reform Act, appointees to the Lodi Senior Citizens Commission are required to file with the City Clerk of the City of Lodi, Statements of Economic Interests.

2. Filings must be made annually, at the time of assuming office and at the time of leaving office.

All filings are to be made with the City Clerk, are public information and are available for inspection by the public.

IV. MEETING TYPES/PROCEDURE
A. REGULAR MEETINGS

1. The Lodi Senior Citizens Commission shall hold its regular meetings at 8:00 A.M. on the first Thursday of each month in the Hutchins Street Square, Holz Room, 125 S Hutchins Street, Lodi, California, provided, however, whenever the Commission, at a regular meeting, sets a different time and place for its meeting, such meeting shall constitute a regular meeting for all purposes. An Agenda for said meetings(s) shall be forwarded to the City Clerk for posting 72 hours prior to said meeting(s).

B. SPECIAL MEETINGS

1. Special meetings may be called at any time by the Chairperson of the Commission, or by a majority of the members of the Commission, by serving notice 24 hours in advance of the time, place, and purpose of the meeting upon each member of the Commission and by posting an Agenda 24 hours prior to the special meeting.

C. ADJOURNED MEETING

1. Any regular or special meeting may be adjourned to a time and place specified in the order of adjournment.

D. CALL TO ORDER

1. The Chairperson shall take the chair at the time and place appointed for the meeting, and shall call the Commission to order. In the absence of the Chairperson and Vice Chairperson, the Recreation Manager of Parks and Recreation shall call the Commission to order, whereupon a temporary Chairperson shall be appointed from the members present. Upon the arrival of the Chairperson or Vice Chairperson, the temporary Chairperson shall relinquish the chair at the conclusion of the business then before the Commission.

E. THE BROWN ACT

1. All meetings of the Commission shall be subject to the provisions of the Ralph M. Brown Act (California Government Code Section 54950 et seq.).

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F. ORGANIZATIONS AND PROCEDURE

1. The Commission may make and alter all rules and regulations governing its organization and procedure not inconsistent with this article or any other Ordinance of the City.

V. MEETINGS AND RULES OF ORDER
A. ROLL CALL

1. Before proceedings with the business of the Commission, the Secretary shall call the roll of members, and the names of those present shall be entered in the minutes.

B. QUORUM

1. A majority of the Commission constitutes a quorum for the transaction of business ( 4 of 7 members).

C. ATTENDANCE

1. A member absent without excuse for three consecutive regular meetings of the Senior Citizens Commission shall forfeit such office as a Commissioner, unless absence is due to illness.

D. MINUTES

1. The appointed officer or employee of the City is responsible for keeping the official transcript of the Commission. The minutes of the Commission shall be for that purpose with a record of each particular type of business transacted set up in paragraphs with proper subheadings, provided, however, that the Secretary shall be required to make record only of such business as was actually acted upon by the Commission, and shall not be required to record any remarks of members or any other person except at the special request of a member, and provided, further that a record shall be made of the names and addresses of persons addressing the Commission, the title of such matter to which the remarks are related, and whether they spoke in support of or in opposition to the matter.

2. Unless the reading of the m inutes of the meeting is requested by such member, such minutes may be approved without reading as each member has previously been furnished a copy thereof.

VI. GENERAL ORDER AND CONDUCT OF BUSINESS
A. AGENDA

1. All reports, communications and other documents or matters to be submitted to the Commission at their re gular meeting shall be delivered to the Secretary not later than seven days prior to the regular scheduled meeting. The Secretary shall prepare an Agenda of all such matters according to the Order of Business and shall furnish each member of the Commission and their staff with a copy of the same prior to the Commission meeting.

2. The Secretary or his/her designee shall forward a copy of the Agenda to the City Clerk for posting 72 hours prior to said meeting, No item may be added to the Agenda subsequent to the post of same.

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B. ORDER OF BUSINESS

1. Roll call

2. Minutes

3. Comments on non-agenda items

4. Action items

5. Regular agenda

6. Correspondence

7. Reports

8. Announcements

9. Adjournment

VII. RULES OF DEBATE
A. CHAIRPERSON MAY DEBATE AND VOTE

1. The Chairperson may move, second, and debate from the chair, subject only to the limitations of debate as are by these rules imposed on all members and shall not be deprived of any of the rights and privileges of a member by reason of his/her acting as Chairperson.

2. Getting the Floor; Improper References: Every member desiring to speak shall address the chair and, upon recognition by the Chairperson, shall confine himself/herself to the question under debate, avoiding all personalities and indecorous language.

3. Interruptions: A member, once recognized, shall not be interrupted when speaking unless it shall be to call him/her to order or as otherwise specifically provided. If a member, while speaking, shall be called to order, he/she sha ll cease speaking until the question of order has been determined, and, if in order, he/she shall be permitted to proceed.

B. RULES OF ORDER

1. Robert's Rules: Except as otherwise specifically provided in these rules, Robert's Rules of Order as last revised shall guide the proceedings of the Commission in the conduct of meetings thereof.

C. VOTING

1. A vote by Roll Call shall not be required unless a Commissioner specifically request a Roll Call after a motion is made and before the Chairperson calls for the vote. All members present shall vote. Unless a member of the Commission audibly states he/she is not voting, his/her silence shall be recorded as an affirmative vote. An audible abstention shall be recorded as an abstaining vote. A member may abstain from voting onl y if said member has a conflict of interest.

D. ADDRESSING THE COMMISSION

1. General: Any person desiring to address the Commission shall first secure the permission of the Chairperson and upon permission, give his/her name and address in an audible tone of voice prior to his/her testimony. Any person addressing the Commission shall speak only on items which are within the subject matter jurisdiction of the Commission.

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E. TIME

1. Each person addressing the Commission shall limit his/her time as may be directed by the Chairperson. The Commission reserves the right to establish reasonable time limits for discussion or debate.

F. SPOKESPERSON FOR GROUPS

1. Whenever any group of persons wishes to address the Commission on the same subject matter, it shall be proper for the Chairperson to request that a spokesperson be chosen by the group to address the Commission and in the event additional matters are to be presented by other persons in the group, to limit the number of persons so addressing the Commission so as to avoid unnecessary repetitions.

G. DISCUSSIONS

1. No person, other than a member and the person addressing the Commission shall be permitted to enter into any discussion with the person addressing the Commission without the permission of the Chairperson. No Agenda items shall be discussed nor shall action be taken on same unless a majority of the Commission votes that the need to take action arose subsequent to the Agenda being posted. If the need to take action did not arise subsequent to the Agenda being posted, the item shall be referred to Staff and/or it shall be placed on the next meeting’s Agenda for discussion and action.

H. DECORUM

1. By Members
a) When the Commission is meeting, the members shall preserve order and decorum and no member shall, by conversation or otherwise, del ay or interrupt the proceedings or the peace of the Commission nor disturb any member while speaking or refuse to obey the orders of the Commission or Chairperson, except as provided in these rules.

2. By Other Persons
a) Any person making personal, impertinent, or slanderous remarks, or who shall become boisterous while address ing the Commission, shall be forthwith, by the Chairperson, barred from further audience at such meeting, unless permission to continue shall be granted by majority vote of the Commission.

I. COMMISSION DIRECTIVES

1. The Commission shall, from time to time, by directives issued by it, establish procedures for the processing of the business of the Commission within the guidelines established by the City Council of the City of Lodi.

RESOLUTION NO. 2022-____

A RESOLUTION OF THE LODI CITY COUNCIL AMENDING

LODI SENIOR CITIZENS COMMISSION BYLAWS
========================================================================

WHEREAS, the Lodi Senior Citizens Commission bylaws were last amended in 1985; and

WHEREAS, the Lodi Senior Citizens Commission reviewed potential bylaw changes on July 7, 2022, and recommended the City Council adopt various changes to the bylaws; and

WHEREAS, these recommended changes include updates to the term of office to include four-year terms, additional vacancy language, additional meeting information including day, time, location and various procedures and Brown Act requirements, updated outline similar to the Parks and Recreation Commission bylaws, and additions including meetings and rules of order, general order and conduct of business, and rules of debate.

NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby amend the Lodi Senior Citizens Commission bylaws to those shown in Exhibit A; and

Dated: September 21, 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 September 21, 2022, by the following vote:

AYES: COUNCIL MEMBERS –

NOES: COUNCIL MEMBERS –

ABSENT: COUNCIL MEMBERS –

ABSTAIN: COUNCIL MEMBERS –

OLIVIA NASHED
City Clerk

2022-____

COMMISSION SERVICE AND BY LAWS

LODI SENIOR CITIZENS COMMISSION

1 | Page

I. PURPOSE, ROLE, SCOPE AND FUNCTION
A. THE FUNCTIONS OF THE SENIOR CITIZENS COMMISSION SHALL BE TO;

II. THE COMMISSION/COMMISSIONER SERVICES
A. MEMBERSHIP

1. The Membership shall consist of seven (7) members appointed by the Mayor and approved by the City Council.

B. TERM OF OFFICE OF MEMBERS

C. VACANCY

1. Vacancies on said Commission, from whatever cause, shall be filled by the City Council.

2. Any member appointed to fill the vacancy occurring prior to the expiration of the term for which his or her predecessor was appointed shall be appointed for the remainder of such term.

III. THE COMMISSION/COMMISSIONER
A. OFFICERS OF THE COMMISSION

EXHIBIT A

COMMISSION SERVICE AND BY LAWS

LODI SENIOR CITIZENS COMMISSION

2 | Page

a period of one (1) year. Members so selected may serve in s uch positions for a maximum of two consecutive years.

B. SECRETARY TO THE SENIOR CITIZENS COMMISSION

1. The City Manager shall appoint an officer or an employee of the City who shall act as Secretary to the Senior Citizens Commission.

C. STATEMENTS OF ECONOMIC INTEREST

2. Filings must be made annually, at the time of assuming office and at the time of leaving office.

All filings are to be made with the City Clerk, are public information and are available for inspection by the public.

IV. MEETING TYPES/PROCEDURE
A. REGULAR MEETINGS

B. SPECIAL MEETINGS

C. ADJOURNED MEETING

1. Any regular or special meeting may be adjourned to a time and place specified in the order of adjournment.

D. CALL TO ORDER

E. THE BROWN ACT

1. All meetings of the Commission shall be subject to the provisions of the Ralph M. Brown Act (California Government Code Section 54950 et seq.).

COMMISSION SERVICE AND BY LAWS

LODI SENIOR CITIZENS COMMISSION

3 | Page

F. ORGANIZATIONS AND PROCEDURE

1. The Commission may make and alter all rules and regulations governing its organization and procedure not inconsistent with this article or any other Ordinance of the City.

V. MEETINGS AND RULES OF ORDER
A. ROLL CALL

1. Before proceedings with the business of the Commission, the Secretary shall call the roll of members, and the names of those present shall be entered in the minutes.

B. QUORUM

1. A majority of the Commission constitutes a quorum for the transaction of business ( 4 of 7 members).

C. ATTENDANCE

1. A member absent without excuse for three consecutive regular meetings of the Senior Citizens Commission shall forfeit such office as a Commissioner, unless absence is due to illness.

D. MINUTES

2. Unless the reading of the m inutes of the meeting is requested by such member, such minutes may be approved without reading as each member has previously been furnished a copy thereof.

VI. GENERAL ORDER AND CONDUCT OF BUSINESS
A. AGENDA

COMMISSION SERVICE AND BY LAWS

LODI SENIOR CITIZENS COMMISSION

4 | Page

B. ORDER OF BUSINESS

1. Roll call

2. Minutes

3. Comments on non-agenda items

4. Action items

5. Regular agenda

6. Correspondence

7. Reports

8. Announcements

9. Adjournment

VII. RULES OF DEBATE
A. CHAIRPERSON MAY DEBATE AND VOTE

B. RULES OF ORDER

1. Robert's Rules: Except as otherwise specifically provided in these rules, Robert's Rules of Order as last revised shall guide the proceedings of the Commission in the conduct of meetings thereof.

C. VOTING

D. ADDRESSING THE COMMISSION

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5 | Page

E. TIME

F. SPOKESPERSON FOR GROUPS

G. DISCUSSIONS

H. DECORUM

I. COMMISSION DIRECTIVES

AGENDA ITEM C-19

COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Adopt Resolution Authorizing Destruction of Certain Citywide Records in Accordance with the Government Code and the City’s Records Management Policy M
EETING DATE: September 21, 2022
P
REPARED BY: City Clerk
RE
COMMENDED ACTION: Adopt resolution authorizing the destruction of certain Citywide records in accordance with the Government Code and the City’s Records Management Policy.

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

FISCAL IMPACT: Not applicable.

FUNDING AVAILABLE: Not applicable.
_______________________________

Olivia Nashed
City Clerk
Attachments

RESOLUTION NO. 2022-____

A RESOLUTION OF THE LODI CITY

COUNCIL AUTHORIZING DESTRUCTION

OF CERTAIN CITYWIDE RECORDS

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

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

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

1. The records heretofore identified are no longer required.

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

Dated: September 21, 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 September 21, 2022 , by the following vote:

AYES: COUNCIL MEMBERS –

NOES: COUNCIL MEMBERS –

ABSENT: COUNCIL MEMBERS –

ABSTAIN: COUNCIL MEMBERS –

OLIVIA NASHED
City Clerk

2022-____
Exhibit A

AGENDA ITEM C-20

COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Receive Report Regarding Communication Pertaining to Assembly Bill 1951 (Grayson):

Sales and Use Tax Exemptions: Manufacturing
M
EETING DATE: September 21, 2022
P
REPARED BY: City Clerk
RE
COMMENDED ACTION: Receive report regarding communication pertaining to Assembly Bill (AB) 1951 (Grayson): Sales and Use Tax Exemptions: Manufacturing.

B
ACKGROUND INFORMATION: The City received a request for communication from the League of California Cities regarding AB 1951 (Grayson): Sales and Use Tax Exemptions. There was an immediate need to send the letter, as it had been passed by the Assembly and the Senate and is with the Governor’s Office for final signature.

A
B 1951 would convert the current state General Fund-only sales and use tax exemption for the purchase of manufacturing equipment into a full exemption, including locally-approved tax rates. The measure expands the exemption for five years. The state estimates AB 1951 would result in local government losses of $533 million annually.

T
he attached letter signed by the Mayor was sent to Governor Newsom’s Office on August 31, 2022. Assembly Bill 1951 is attached for reference.

F
ISCAL IMPACT: Not applicable.

F
UNDING AVAILABLE: Not applicable.
_______________________________________

Olivia Nashed
City Clerk

Assembly Bill No. 1951
Passed the Assembly August 25, 2022
Chief Clerk of the Assembly
Passed the Senate August 25, 2022
Secretary of the Senate
This bill w as recei ved by the Go vernor this day
of , 2022, at o’clock m.

Private Secretary of the Governor

CHAPTER
An act to amend, add, and repeal Section 6377.1 of the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy.
legislative counsel’s digest
AB 1951, Grayson. Sales and use tax: e xemptions:
manufacturing.

Existing sales and use tax la ws impose tax es on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state.

The Sales and Use Tax Law provides various exemptions from those taxes, including a partial exemption from those taxes, on and after July 1, 2014, and before July 1, 2030, for the gross receipts from the sale of, and the storage, use, or other consumption of, qualified tangible personal property purchased by a qualified person for purchases not e xceeding $200,000,000, for use primarily in manufacturing, processing, refining, f abricating, or rec ycling of tangible personal property, as specified; qualified tangible personal property purchased for use by a qualified person to be used primarily in research and de velopment, as pro vided; qualified tangible personal property purchased for use by a qualified person to be used primarily to maintain, repair , measure, or test an y qualified tangible personal property , as pro vided; and qualified tangible personal property purchased by a contractor purchasing that property for use in the performance of a construction contract for the qualified person, that will use that property as an inte gral part of specified processes. Existing la w, on and after January 1, 2018, and before July 1, 2030, additionally e xempts from those taxes the sale of, and the storage, use, or other consumption of, qualified tangible personal property purchased for use by a qualified person to be used primarily in the generation or production, as defined, or storage and distribution, as defined, of electric power.
95 — 2 — AB 1951

This bill would, on and after January 1, 2023, and before January 1, 2028, make this a full e xemption for purchases not e xceeding $200,000,000. The bill would repeal these provisions on January 1, 2028, and would revert to the above-described partial exemption on that date.

Existing law requires any bill authorizing a new tax expenditure to contain, among other things, specific goals, purposes, and objectives that the tax e xpenditure will achie ve, detailed performance indicators, and data collection requirements.

This bill w ould require the California Department of Tax and Fee Administration to submit a report to the Le gislature on the exemption and w ould provide findings and declarations relating to the goals of the exemption.

The Bradle y-Burns Uniform Local Sales and Use Tax La w authorizes counties and cities to impose local sales and use taxes in conformity with the Sales and Use Tax Law, and existing laws authorize districts, as specified, to impose transactions and use taxes in accordance with the Transactions and Use Tax Law, which generally conforms to the Sales and Use Tax Law. Amendments to the Sales and Use Tax Law are automatically incorporated into the local tax laws.

Existing law requires the state to reimburse counties and cities for revenue losses caused by the enactment of sales and use tax exemptions.

This bill would provide that, notwithstanding Section 2230 of the Revenue and Taxation Code, no appropriation is made and the state shall not reimburse any local agencies for sales and use tax revenues lost by them pursuant to this bill.

This bill would take effect immediately as a tax levy.

The people of the State of California do enact as follows:

SECTION 1. The Le gislature finds and declares all of the following:
(a) Businesses conducting manuf acturing or research and development activities are essential to the economic well-being of the state of California and pro vide high-w age jobs for Californians. In recent years, many of these businesses have chosen to relocate operations to lower cost jurisdictions or expand outside of California.
95 AB 1951 — 3 —

(b) California has the highest state-le vel sales tax rate among the 50 states in the United States, and once local rates are accounted for, sales and use tax rates in California can reach up to 10.75 percent.
(c) Thirty-eight states fully e xempt manufacturing equipment from sales and use tax. With California’s current partial exemption, taxpayers pay more to buy equipment in California than they would elsewhere, creating a competitive disadvantage for the state. (d) It is the intent of the Legislature to expand the sales and use tax exemption for manuf acturing and research and de velopment equipment to preserve California’s status as a hub of inno vation and technology and encourage greater investment in California.

SEC. 2. Section 6377.1 of the Revenue and Taxation Code is amended to read:
6377.1. (a)  Except as provided in subdivision (e), on or after July 1, 2014, and before January 1, 2023, there are exempted from the taxes imposed by this part the gross receipts from the sale of, and the storage, use, or other consumption in this state of, an y of the following:
(1)  Qualified tangible personal property purchased for use by a qualified person to be used primarily in an y stage of the manufacturing, processing, refining, f abricating, or rec ycling of tangible personal property, beginning at the point any raw materials are received by the qualified person and introduced into the process and ending at the point at which the manuf acturing, processing, refining, f abricating, or rec ycling has altered tangible personal property to its completed form, including packaging, if required. (2)  Qualified tangible personal property purchased for use by a qualified person to be used primarily in research and development.
(3)  Qualified tangible personal property purchased for use by a qualified person to be used primarily to maintain, repair, measure, or test an y qualified tangible personal property described in paragraph (1) or (2).
(4)  Qualified tangible personal property purchased for use by a contractor purchasing that property for use in the performance of a construction contract for the qualified person, that will use that property as an integral part of the manufacturing, processing, refining, f abricating, or rec ycling process, the generation or production, or storage and distribution, of electric power, or as a 95 — 4 — AB 1951

research or storage f acility for use in connection with those processes.
(5)  Qualified tangible personal property purchased for use by a qualified person to be used primarily in the generation or production, or storage and distribution, of electric power. (b)  For purposes of this section:
(1)  “Department” means the California Department of Tax and Fee Administration.
(2)  “Fabricating” means to mak e, b uild, create, produce, or assemble components or tangible personal property to w ork in a new or different manner.
(3)  “Generation or production” means the acti vity of making, producing, creating, or con verting electric po wer from sources other than a conventional power source, as defined in Section 2805 of the Public Utilities Code.
(4)  “Manufacturing” means the acti vity of con verting or conditioning tangible personal property by changing the form, composition, quality, or character of the property for ultimate sale at retail or use in the manufacturing of a product to be ultimately sold at retail. Manufacturing includes any improvements to tangible personal property that result in a greater service life or greater functionality than that of the original property.
(5)  “Primarily” means 50 percent or more of the time.
(6)  “Process” means the period beginning at the point at which any ra w materials are recei ved by the qualified person and introduced into the manufacturing, processing, refining, fabricating, or recycling activity of the qualified person and ending at the point at which the manuf acturing, processing, refining, f abricating, or recycling acti vity of the qualified person has altered tangible personal property to its completed form, including packaging, if required. Ra w materials shall be considered to ha ve been introduced into the process when the ra w materials are stored on the same premises where the qualified person’ s manufacturing, processing, refining, fabricating, or recycling activity is conducted.

(7)  “Processing” means the physical application of the materials and labor necessary to modify or change the characteristics of tangible personal property.
(8)  (A)  “Qualified person” means:
(i)  Prior to January 1, 2018, a person that is primarily engaged in those lines of b usiness described in Codes 3111 to 3399, inclusive, 541711, or 541712 of the North American Industry Classification System (N AICS) published by the United States Office of Management and Budget (OMB), 2012 edition.
(ii)  On and after January 1, 2018, and before January 1, 2023, a person that is primarily eng aged in those lines of b usiness described in Codes 3111 to 3399, inclusi ve, 221111 to 221118, inclusive, 221122, 541711, or 541712 of the North American Industry Classification System (NAICS) published by the United States Office of Management and Budget (OMB), 2012 edition. (B)  Notwithstanding subparagraph (A), “qualified person” shall not include either of the following:
(i)  Prior to January 1, 2018, an apportioning trade or b usiness that is required to apportion its b usiness income pursuant to subdivision (b) of Section 25128 or a trade or business conducted wholly within this state that w ould be required to apportion its business income pursuant to subdi vision (b) of Section 25128 if it were subject to apportionment pursuant to Section 25101. (ii)  On and after January 1, 2018, and before January 1, 2023, an apportioning trade or b usiness, other than a trade or b usiness described in paragraph (1) of subdi vision (c) of Section 25128, that is required to apportion its b usiness income pursuant to subdivision (b) of Section 25128, or a trade or business, other than a trade or b usiness described in paragraph (1) of subdi vision (c) of Section 25128, conducted wholly within this state that w ould be required to apportion its business income pursuant to subdivision (b) of Section 25128 if it were subject to apportionment pursuant to Section 25101.
(9)  (A)  “Qualified tangible personal property” includes, but is not limited to, all of the following:
(i)  Machinery and equipment, including component parts and contrivances such as belts, shafts, mo ving parts, and operating structures.
(ii)  Equipment or devices used or required to operate, control, regulate, or maintain the machinery, including, but not limited to, 95 — 6 — AB 1951

computers, data processing equipment, and computer softw are, together with all repair and replacement parts with a useful life of one or more years therefor , whether purchased separately or in conjunction with a complete machine and re gardless of whether the machine or component parts are assembled by the qualified person or another party.
(iii) Tangible personal property used in pollution control that meets standards established by this state or an y local or regional governmental agency within this state.
(iv) (I) Prior to January 1, 2018, special purpose buildings and foundations used as an inte gral part of the manuf acturing, processing, refining, f abricating, or rec ycling process, or that constitute a research or storage facility used during those processes.

Buildings used solely for warehousing purposes after completion of those processes are not included.
(II)  On and after January 1, 2018, and before January 1, 2023, special purpose buildings and foundations used as an integral part of the manufacturing, processing, refining, fabricating, or recycling process, or that constitute a research or storage facility used during those processes, or the generation or production or storage and distribution of electric po wer. Buildings used solely for warehousing purposes after completion of those processes are not included.
(B)  “Qualified tangible personal property” shall not include any of the following:
(i)  Consumables with a useful life of less than one year. (ii)  Furniture, inventory, and equipment used in the e xtraction process, or equipment used to store finished products that ha ve completed the manufacturing, processing, refining, fabricating, or recycling process.
(iii)  Tangible personal property used primarily in administration, general management, or marketing.
(10)  “Refining” means the process of con verting a natural resource to an intermediate or finished product.
(11)  “Research and de velopment” means those acti vities that are described in Section 174 of the Internal Re venue Code or in any regulations thereunder.
(12)  “Storage and distrib ution” means storing or distrib uting through the electric grid, b ut not transmission of, electric po wer to consumers regardless of source.
95 AB 1951 — 7 —

(13)  (A)  “Useful life” for tangible personal property that is treated as having a useful life of one or more years for state income or franchise tax purposes shall be deemed to have a useful life of one or more years for purposes of this section. “Useful life” for tangible personal property that is treated as having a useful life of less than one year for state income or franchise tax purposes shall be deemed to have a useful life of less than one year for purposes of this section. For the purposes of this paragraph, tangible personal property that is deducted under Sections 17201 and 17255 or Section 24356 shall be deemed to have a useful life of one or more years.
(B)  The department shall cancel an y outstanding and unpaid deficiency determination and any related penalties and interest and shall not issue an y deficienc y determination or notice of determination, with respect to unpaid sales and use tax on qualified property with a useful life, as defined in subparagraph (A), that was purchased or leased on or after July 1, 2014, and before January 1, 2018. Any amounts paid by a qualified person pursuant to such determination shall be refunded by the department to the qualified person. Any cancellation or refund described in this subparagraph is contingent upon a qualified person making a request to the department, in a manner prescribed by the department, by June 30, 2018.
(c)  An exemption shall not be allowed under this section unless the purchaser furnishes the retailer with an exemption certificate, completed in accordance with an y instructions or re gulations as the department may prescribe, and the retailer retains the exemption certificate in its records and furnishes it to the department upon request.
(d)  (1)  Notwithstanding the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200)) and the Transactions and Use Tax Law (Part 1.6 (commencing with Section 7251)), the exemption established by this section shall not apply with respect to an y tax levied by a county, city, or district pursuant to, or in accordance with, either of those laws. (2)  Notwithstanding subdivision (a), the exemption established by this section shall not apply with respect to an y tax le vied pursuant to Section 6051.2 or 6201.2, pursuant to Section 35 of Article XIII of the California Constitution, or an y tax le vied pursuant to Section 6051 or 6201 that is deposited in the State 95 — 8 — AB 1951

Treasury to the credit of the Local Re venue Fund 2011 pursuant to Section 6051.15 or 6201.15.
(e)  (1)  The exemption provided by this section shall not apply to either of the following:
(A)  Any tangible personal property purchased during an y calendar year that e xceeds tw o hundred million dollars ($200,000,000) of purchases of qualified tangible personal property for which an e xemption is claimed by a qualified person under this section. F or purposes of this subparagraph, in the case of a qualified person that is required to be included in a combined report under Section 25101 or authorized to be included in a combined report under Section 25101.15, the aggre gate of all purchases of qualified personal property for which an e xemption is claimed pursuant to this section by all persons that are required or authorized to be included in a combined report shall not e xceed two hundred million dollars ($200,000,000) in any calendar year. (B)  The sale or storage, use, or other consumption of property that, within one year from the date of purchase, is remo ved from California, converted from an e xempt use under subdi vision (a) to some other use not qualifying for exemption, or used in a manner not qualifying for exemption.
(2)  If a purchaser certifies in writing to the seller that the tangible personal property purchased without payment of the tax will be used in a manner entitling the seller to re gard the gross receipts from the sale as e xempt from the sales tax, and the purchase exceeds the two-hundred-million-dollar ($200,000,000) limitation described in subparagraph (A) of paragraph (1), or within one year from the date of purchase, the purchaser remo ves that property from California, con verts that property for use in a manner not qualifying for the e xemption, or uses that property in a manner not qualifying for the exemption, the purchaser shall be liable for payment of sales tax, with applicable interest, as if the purchaser were a retailer making a retail sale of the tangible personal property at the time the tangible personal property is so purchased, removed, converted, or used, and the cost of the tangible personal property to the purchaser shall be deemed the gross receipts from that retail sale.
(f)  This section shall apply to leases of qualified tangible personal property classified as “continuing sales” and “continuing purchases” in accordance with Sections 6006.1 and 6010.1. The 95 AB 1951 — 9 —

exemption established by this section shall apply to the rentals payable pursuant to the lease, pro vided the lessee is a qualified person and the tangible personal property is used in an acti vity described in subdivision (a).
(g)  (1)  Upon the effective date of this section, the Department of Finance shall estimate the total dollar amount of e xemptions that will be tak en for each calendar year , or any portion thereof, for which this section provides an exemption.
(2)  (A)  No later than each May 1 ne xt following a calendar year for which this section provides an exemption, the department shall provide to the Joint Le gislative Budget Committee and to the Department of Finance a report of the total dollar amount of exemptions taken under this section for the immediately preceding calendar year. The report shall compare the total dollar amount of exemptions taken under this section for that calendar year with the Department of Finance’s estimate in paragraph (1) for that same calendar year.
(B)  (i)  No later than each May 1 next following calendar years 2018 to 2022, inclusive, the department shall provide to the Joint Legislative Budget Committee and to the Department of Finance a report of the re venue v alue of the total dollar amount of exemptions tak en pursuant to subdi vision (a) for sales to, or purchases by, qualified persons described in clause (ii) for the immediately preceding calendar year.
(ii)  The report required under this subparagraph shall only include the revenue value of the total dollar amount of exemptions allowed to the following:
(I)  A qualified person that is primarily eng aged in those lines of business described in Codes 221111 to 221118, inclusive, and 221122 of the North American Industry Classification System (NAICS) published by the United States Office of Management and Budget (OMB), 2012 edition.
(II)  A qualified person that is both of the following:
(ia)  A person that is primarily engaged in those lines of business described in Codes 3111 to 3399, inclusive, 541711, and 541712 of the North American Industry Classification System (N AICS) published by the United States Office of Management and Budget (OMB), 2012 edition.
(ib)  A person that is an apportioning trade or b usiness as described in paragraph (1) of subdi vision (c) of Section 25128, 95 — 10 — AB 1951

that is required to apportion its b usiness income pursuant to subdivision (b) of Section 25128, or a trade or business as described in paragraph (1) of subdi vision (c) of Section 25128, conducted wholly within this state that w ould be required to apportion its business income pursuant to subdi vision (b) of Section 25128 if it were subject to apportionment pursuant to Section 25101. (3) (A) An amount that equals the re venue value of the total dollar amount of e xemptions, as reported by the department pursuant to subparagraph (B) of paragraph (2), with the concurrence of the Department of Finance, shall be transferred from the Greenhouse Gas Reduction Fund to the General Fund, no later than each June 30 ne xt follo wing the calendar year described in subparagraph (B) of paragraph (2). Any amount attributable to an y cancellations the department made of an y outstanding and unpaid deficiency determinations and any refunds under subparagraph (B) of paragraph (13) of subdivision (b) shall be e xcluded from the transfer of the amount described in subparagraph (B). The transfers to the General Fund shall be accrued to the fiscal year in which the revenue loss occurred. (B) (i) For calendar years beginning in 2022, an amount not to exceed the difference between the revenue value of the total dollar amount of exemptions as reported by the department pursuant to subparagraph (C) of paragraph (2), and the re venue value of the total dollar amount of e xemptions as reported by the department pursuant to subparagraph (B) of paragraph (2), may be transferred from the Greenhouse Gas Reduction Fund to the General Fund, no later than July 31, 2023. The transfers to the General Fund shall be accrued proportionally to the fiscal year in which the re venue loss occurred.
(ii) The amount transferred under this subparagraph shall be as determined by the Director of Finance, unless a different amount is otherwise specified in the Budget Act for that fiscal year. (4) For purposes of this subdivision, the “revenue value” of an amount of e xemptions shall mean the estimated re venue loss to the General Fund from the allowance of those exemptions. (h) This section shall be operative until January 1, 2023, and as of that date is repealed.

SEC. 3. Section 6377.1 is added to the Revenue and Taxation Code, to read:
95 AB 1951 — 11 —

6377.1. (a)  Except as provided in subdivision (d), on or after January 1, 2023, and before January 1, 2028, there are e xempted from the taxes imposed by this part the gross receipts from the sale of, and the storage, use, or other consumption in this state of, any of the following:
(1)  Qualified tangible personal property purchased for use by a qualified person to be used primarily in an y stage of the manufacturing, processing, refining, f abricating, or rec ycling of tangible personal property, beginning at the point any raw materials are received by the qualified person and introduced into the process and ending at the point at which the manuf acturing, processing, refining, f abricating, or rec ycling has altered tangible personal property to its completed form, including packaging, if required. (2)  Qualified tangible personal property purchased for use by a qualified person to be used primarily in research and development.
(3)  Qualified tangible personal property purchased for use by a qualified person to be used primarily to maintain, repair, measure, or test an y qualified tangible personal property described in paragraph (1) or (2).
(4)  Qualified tangible personal property purchased for use by a contractor purchasing that property for use in the performance of a construction contract for the qualified person, that will use that property as an integral part of the manufacturing, processing, refining, f abricating, or rec ycling process, the generation or production, or storage and distribution, of electric power, or as a research or storage f acility for use in connection with those processes.
(5)  Qualified tangible personal property purchased for use by a qualified person to be used primarily in the generation or production, or storage and distribution, of electric power. (b)  For purposes of this section:
(1)  “Department” means the California Department of Tax and Fee Administration.
(2)  “Fabricating” means to mak e, b uild, create, produce, or assemble components or tangible personal property to w ork in a new or different manner.
(3)  “Generation or production” means the acti vity of making, producing, creating, or con verting electric po wer from sources 95 — 12 — AB 1951

other than a conventional power source, as defined in Section 2805 of the Public Utilities Code.
(4)  “Manufacturing” means the acti vity of con verting or conditioning tangible personal property by changing the form, composition, quality, or character of the property for ultimate sale at retail or use in the manufacturing of a product to be ultimately sold at retail. Manufacturing includes any improvements to tangible personal property that result in a greater service life or greater functionality than that of the original property.
(5)  “Primarily” means 50 percent or more of the time.
(6)  “Process” means the period beginning at the point at which any ra w materials are recei ved by the qualified person and introduced into the manufacturing, processing, refining, fabricating, or recycling activity of the qualified person and ending at the point at which the manuf acturing, processing, refining, f abricating, or recycling acti vity of the qualified person has altered tangible personal property to its completed form, including packaging, if required. Ra w materials shall be considered to ha ve been introduced into the process when the ra w materials are stored on the same premises where the qualified person’ s manufacturing, processing, refining, fabricating, or recycling activity is conducted.

Raw materials that are stored on premises other than where the qualified person’s manufacturing, processing, refining, fabricating, or recycling activity is conducted shall not be considered to have been introduced into the manuf acturing, processing, refining, fabricating, or recycling process.
(7)  “Processing” means the physical application of the materials and labor necessary to modify or change the characteristics of tangible personal property.
(8)  (A)  “Qualified person” means a person that is primarily engaged in those lines of b usiness described in Codes 3111 to 3399, inclusive, 221111 to 221118, inclusive, 221122, 541711, or 541712 of the North American Industry Classification System (NAICS) published by the United States Office of Management and Budget (OMB), 2012 edition.
(B)  Notwithstanding subparagraph (A), “qualified person” shall not include an apportioning trade or b usiness, other than a trade or business described in paragraph (1) of subdivision (c) of Section 25128, that is required to apportion its b usiness income pursuant to subdivision (b) of Section 25128, or a trade or b usiness, other 95 AB 1951 — 13 —

than a trade or business described in paragraph (1) of subdivision (c) of Section 25128, conducted wholly within this state that would be required to apportion its business income pursuant to subdivision (b) of Section 25128 if it were subject to apportionment pursuant to Section 25101.
(9)  (A)  “Qualified tangible personal property” includes, but is not limited to, all of the following:
(i)  Machinery and equipment, including component parts and contrivances such as belts, shafts, mo ving parts, and operating structures.
(ii)  Equipment or devices used or required to operate, control, regulate, or maintain the machinery, including, but not limited to, computers, data-processing equipment, and computer softw are, together with all repair and replacement parts with a useful life of one or more years therefor , whether purchased separately or in conjunction with a complete machine and re gardless of whether the machine or component parts are assembled by the qualified person or another party.
(iii)  Tangible personal property used in pollution control that meets standards established by this state or an y local or regional governmental agency within this state.
(iv)  Special purpose b uildings and foundations used as an integral part of the manufacturing, processing, refining, fabricating, or recycling process, or that constitute a research or storage facility used during those processes, or the generation or production or storage and distribution of electric po wer. Buildings used solely for warehousing purposes after completion of those processes are not included.
(B)  “Qualified tangible personal property” shall not include any of the following:
(i)  Consumables with a useful life of less than one year. (ii)  Furniture, inventory, and equipment used in the e xtraction process, or equipment used to store finished products that ha ve completed the manufacturing, processing, refining, fabricating, or recycling process.
(iii)  Tangible personal property used primarily in administration, general management, or marketing.
(10)  “Refining” means the process of con verting a natural resource to an intermediate or finished product.
95 — 14 — AB 1951

(11)  “Research and de velopment” means those acti vities that are described in Section 174 of the Internal Re venue Code or in any regulations thereunder.
(12)  “Storage and distrib ution” means storing or distrib uting through the electric grid, b ut not transmission of, electric po wer to consumers regardless of source.
(13)  “Useful life” for tangible personal property that is treated as having a useful life of one or more years for state income or franchise tax purposes shall be deemed to have a useful life of one or more years for purposes of this section. “Useful life” for tangible personal property that is treated as having a useful life of less than one year for state income or franchise tax purposes shall be deemed to have a useful life of less than one year for purposes of this section. F or the purposes of this paragraph, tangible personal property that is deducted under Sections 17201 and 17255 or Section 24356 shall be deemed to have a useful life of one or more years.
(c)  An exemption shall not be allowed under this section unless the purchaser furnishes the retailer with an exemption certificate, completed in accordance with an y instructions or re gulations as the department may prescribe, and the retailer retains the exemption certificate in its records and furnishes it to the department upon request.
(d)  (1)  The exemption provided by this section shall not apply to either of the following:
(A)  Any tangible personal property purchased during an y calendar year that e xceeds tw o hundred million dollars ($200,000,000) of purchases of qualified tangible personal property for which an e xemption is claimed by a qualified person under this section. F or purposes of this subparagraph, in the case of a qualified person that is required to be included in a combined report under Section 25101 or authorized to be included in a combined report under Section 25101.15, the aggre gate of all purchases of qualified personal property for which an e xemption is claimed pursuant to this section by all persons that are required or authorized to be included in a combined report shall not e xceed two hundred million dollars ($200,000,000) in any calendar year. (B)  The sale or storage, use, or other consumption of property that, within one year from the date of purchase, is remo ved from California, converted from an e xempt use under subdi vision (a) 95 AB 1951 — 15 —

to some other use not qualifying for exemption, or used in a manner not qualifying for exemption.
(2)  If a purchaser certifies in writing to the seller that the tangible personal property purchased without payment of the tax will be used in a manner entitling the seller to re gard the gross receipts from the sale as e xempt from the sales tax, and the purchase exceeds the two-hundred-million-dollar ($200,000,000) limitation described in subparagraph (A) of paragraph (1), or within one year from the date of purchase, the purchaser remo ves that property from California, con verts that property for use in a manner not qualifying for the e xemption, or uses that property in a manner not qualifying for the exemption, the purchaser shall be liable for payment of sales tax, with applicable interest, as if the purchaser were a retailer making a retail sale of the tangible personal property at the time the tangible personal property is so purchased, removed, converted, or used, and the cost of the tangible personal property to the purchaser shall be deemed the gross receipts from that retail sale.
(e)  This section shall apply to leases of qualified tangible personal property classified as “continuing sales” and “continuing purchases” in accordance with Sections 6006.1 and 6010.1. The exemption established by this section shall apply to the rentals payable pursuant to the lease, pro vided the lessee is a qualified person and the tangible personal property is used in an acti vity described in subdivision (a).
(f)  (1)  Upon the effective date of this section, the Department of Finance shall estimate the total dollar amount of e xemptions that will be tak en for each calendar year , or any portion thereof, for which this section provides an exemption.
(2)  (A)  No later than each May 1 ne xt following a calendar year for which this section or Section 6377.1 as in ef fect on December 31, 2022, provides an exemption, the department shall provide to the Joint Le gislative Budget Committee and to the Department of Finance a report of the total dollar amount of exemptions taken under this section or under Section 6377.1 as in effect on December 31, 2022, for the immediately preceding calendar year. The report shall compare the total dollar amount of exemptions taken under this section or under Section 6377.1 as in effect on December 31, 2022, for that calendar year with the Department of Finance’s estimate in paragraph (1) or its estimate 95 — 16 — AB 1951

pursuant to paragraph (1) of subdivision (g) of Section 6377.1 as in effect on December 31, 2022, for that same calendar year. (B)  (i)  No later than each May 1 next following calendar years 2022 to 2027, inclusive, the department shall provide to the Joint Legislative Budget Committee and to the Department of Finance a report of the re venue v alue of the total dollar amount of exemptions taken pursuant to subdi vision (a), or subdi vision (a) of Section 6377.1 as in effect on December 31, 2022, for sales to, or purchases by, qualified persons described in clause (ii) for the immediately preceding calendar year.
(ii)  The report required under this subparagraph shall only include the revenue value of the total dollar amount of exemptions allowed to the following:
(I)  A qualified person that is primarily eng aged in those lines of business described in Codes 221111 to 221118, inclusive, and 221122 of the North American Industry Classification System (NAICS) published by the United States Office of Management and Budget (OMB), 2012 edition.
(II)  A qualified person that is both of the following:
(ia)  A person that is primarily engaged in those lines of business described in Codes 3111 to 3399, inclusive, 541711, and 541712 of the North American Industry Classification System (N AICS) published by the United States Office of Management and Budget (OMB), 2012 edition.
(ib)  A person that is an apportioning trade or b usiness as described in paragraph (1) of subdi vision (c) of Section 25128, that is required to apportion its b usiness income pursuant to subdivision (b) of Section 25128, or a trade or business as described in paragraph (1) of subdi vision (c) of Section 25128, conducted wholly within this state that w ould be required to apportion its business income pursuant to subdi vision (b) of Section 25128 if it were subject to apportionment pursuant to Section 25101. (C)  No later than each May 1 ne xt following calendar years 2022 through 2027, inclusive, the department shall provide to the Joint Le gislative Budget Committee and to the Department of Finance a report of the revenue value of the total dollar amount of exemptions taken under this section, or under Section 6377.1 as in effect on December 31, 2022, for the immediately preceding calendar year, and for calendar year 2022, the period shall co ver July 1 to December 31, 2022.
95 AB 1951 — 17 —

(3)  (A)  An amount that equals the re venue value of the total dollar amount of e xemptions, as reported by the department pursuant to subparagraph (B) of paragraph (2), with the concurrence of the Department of Finance, shall be transferred from the Greenhouse Gas Reduction Fund to the General Fund, no later than each June 30 ne xt follo wing the calendar year described in subparagraph (B) of paragraph (2). Any amount attributable to an y cancellations the department made of an y outstanding and unpaid deficiency determinations and any refunds under subparagraph (B) of paragraph (13) of subdi vision (b), or under subparagraph (B) of paragraph (13) of subdi vision (b) of Section 6377.1 as in ef fect on December 31, 2022, shall be excluded from the transfer of the amount described in subparagraph (B). The transfers to the General Fund shall be accrued to the fiscal year in which the revenue loss occurred.
(B)  (i)  For calendar years 2022 through 2027, inclusi ve, an amount not to exceed the difference between the revenue value of the total dollar amount of exemptions as reported by the department pursuant to subparagraph (C) of paragraph (2), and the re venue value of the total dollar amount of exemptions as reported by the department pursuant to subparagraph (B) of paragraph (2), may be transferred from the Greenhouse Gas Reduction Fund to the General Fund, no later than each July 31 follo wing that calendar year described in subparagraph (C) of paragraph (2). The transfers to the General Fund shall be accrued proportionally to the fiscal year in which the revenue loss occurred.
(ii)  The amount transferred under this subparagraph for each fiscal year shall be as determined by the Director of Finance, unless a different amount is otherwise specified in the Budget Act for that fiscal year.
(4)  For purposes of this subdivision, the “revenue value” of an amount of e xemptions shall mean the estimated re venue loss to the General Fund from the allowance of those exemptions. (g)  This section shall remain in effect only until January 1, 2028, and as of that date is repealed.

SEC. 4. Section 6377.1 is added to the Revenue and Taxation Code, to read:
6377.1. (a) Except as provided in subdivision (e), on or after January 1, 2028, and before July 1, 2030, there are exempted from the taxes imposed by this part the gross receipts from the sale of, 95 — 18 — AB 1951

and the storage, use, or other consumption in this state of, an y of the following:
(1)  Qualified tangible personal property purchased for use by a qualified person to be used primarily in an y stage of the manufacturing, processing, refining, f abricating, or rec ycling of tangible personal property, beginning at the point any raw materials are received by the qualified person and introduced into the process and ending at the point at which the manuf acturing, processing, refining, f abricating, or rec ycling has altered tangible personal property to its completed form, including packaging, if required. (2)  Qualified tangible personal property purchased for use by a qualified person to be used primarily in research and development.
(3)  Qualified tangible personal property purchased for use by a qualified person to be used primarily to maintain, repair, measure, or test an y qualified tangible personal property described in paragraph (1) or (2).
(4)  Qualified tangible personal property purchased for use by a contractor purchasing that property for use in the performance of a construction contract for the qualified person, that will use that property as an integral part of the manufacturing, processing, refining, f abricating, or rec ycling process, the generation or production, or storage and distribution, of electric power, or as a research or storage f acility for use in connection with those processes.
(5)  Qualified tangible personal property purchased for use by a qualified person to be used primarily in the generation or production, or storage and distribution, of electric power. (b)  For purposes of this section:
(1)  “Department” means the California Department of Tax and Fee Administration.
(2)  “Fabricating” means to mak e, b uild, create, produce, or assemble components or tangible personal property to w ork in a new or different manner.
(3)  “Generation or production” means the acti vity of making, producing, creating, or con verting electric po wer from sources other than a conventional power source, as defined in Section 2805 of the Public Utilities Code.
(4)  “Manufacturing” means the acti vity of con verting or conditioning tangible personal property by changing the form, 95 AB 1951 — 19 —

composition, quality, or character of the property for ultimate sale at retail or use in the manufacturing of a product to be ultimately sold at retail. Manufacturing includes any improvements to tangible personal property that result in a greater service life or greater functionality than that of the original property.
(5) “Primarily” means 50 percent or more of the time.
(6) “Process” means the period beginning at the point at which any ra w materials are recei ved by the qualified person and introduced into the manufacturing, processing, refining, fabricating, or recycling activity of the qualified person and ending at the point at which the manuf acturing, processing, refining, f abricating, or recycling acti vity of the qualified person has altered tangible personal property to its completed form, including packaging, if required. Ra w materials shall be considered to ha ve been introduced into the process when the ra w materials are stored on the same premises where the qualified person’ s manufacturing, processing, refining, fabricating, or recycling activity is conducted.

(b) of Section 25128 if it were subject to apportionment pursuant to Section 25101.
(9)  (A)  “Qualified tangible personal property” includes, but is not limited to, all of the following:
(i)  Machinery and equipment, including component parts and contrivances such as belts, shafts, mo ving parts, and operating structures.
(ii)  Equipment or devices used or required to operate, control, regulate, or maintain the machinery, including, but not limited to, computers, data-processing equipment, and computer softw are, together with all repair and replacement parts with a useful life of one or more years therefor , whether purchased separately or in conjunction with a complete machine and re gardless of whether the machine or component parts are assembled by the qualified person or another party.
(iii)  Tangible personal property used in pollution control that meets standards established by this state or an y local or regional governmental agency within this state.
(iv)  Special purpose b uildings and foundations used as an integral part of the manufacturing, processing, refining, fabricating, or recycling process, or that constitute a research or storage facility used during those processes, or the generation or production or storage and distribution of electric po wer. Buildings used solely for warehousing purposes after completion of those processes are not included.
(B)  “Qualified tangible personal property” shall not include any of the following:
(i)  Consumables with a useful life of less than one year. (ii)  Furniture, inventory, and equipment used in the e xtraction process, or equipment used to store finished products that ha ve completed the manufacturing, processing, refining, fabricating, or recycling process.
(iii)  Tangible personal property used primarily in administration, general management, or marketing.
(10)  “Refining” means the process of con verting a natural resource to an intermediate or finished product.
(11)  “Research and de velopment” means those acti vities that are described in Section 174 of the Internal Re venue Code or in any regulations thereunder.
95 AB 1951 — 21 —

(12)  “Storage and distrib ution” means storing or distrib uting through the electric grid, b ut not transmission of, electric po wer to consumers regardless of source.
(13)  “Useful life” for tangible personal property that is treated as having a useful life of one or more years for state income or franchise tax purposes shall be deemed to have a useful life of one or more years for purposes of this section. “Useful life” for tangible personal property that is treated as having a useful life of less than one year for state income or franchise tax purposes shall be deemed to have a useful life of less than one year for purposes of this section. F or the purposes of this paragraph, tangible personal property that is deducted under Sections 17201 and 17255 or Section 24356 shall be deemed to have a useful life of one or more years.
(c)  An exemption shall not be allowed under this section unless the purchaser furnishes the retailer with an exemption certificate, completed in accordance with an y instructions or re gulations as the department may prescribe, and the retailer retains the exemption certificate in its records and furnishes it to the department upon request.
(d)  (1)  Notwithstanding the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200)) and the Transactions and Use Tax Law (Part 1.6 (commencing with Section 7251)), the exemption established by this section shall not apply with respect to an y tax levied by a county, city, or district pursuant to, or in accordance with, either of those laws. (2)  Notwithstanding subdivision (a), the exemption established by this section shall not apply with respect to an y tax le vied pursuant to Section 6051.2 or 6201.2, pursuant to Section 35 of Article XIII of the California Constitution, or an y tax le vied pursuant to Section 6051 or 6201 that is deposited in the State Treasury to the credit of the Local Re venue Fund 2011 pursuant to Section 6051.15 or 6201.15.
(e)  (1)  The exemption provided by this section shall not apply to either of the following:
(A)  Any tangible personal property purchased during an y calendar year that e xceeds tw o hundred million dollars ($200,000,000) of purchases of qualified tangible personal property for which an e xemption is claimed by a qualified person under this section. F or purposes of this subparagraph, in the case of a 95 — 22 — AB 1951

qualified person that is required to be included in a combined report under Section 25101 or authorized to be included in a combined report under Section 25101.15, the aggre gate of all purchases of qualified personal property for which an e xemption is claimed pursuant to this section by all persons that are required or authorized to be included in a combined report shall not e xceed two hundred million dollars ($200,000,000) in any calendar year. (B)  The sale or storage, use, or other consumption of property that, within one year from the date of purchase, is remo ved from California, converted from an e xempt use under subdi vision (a) to some other use not qualifying for exemption, or used in a manner not qualifying for exemption.
(2)  If a purchaser certifies in writing to the seller that the tangible personal property purchased without payment of the tax will be used in a manner entitling the seller to re gard the gross receipts from the sale as e xempt from the sales tax, and the purchase exceeds the two-hundred-million-dollar ($200,000,000) limitation described in subparagraph (A) of paragraph (1), or within one year from the date of purchase, the purchaser remo ves that property from California, con verts that property for use in a manner not qualifying for the e xemption, or uses that property in a manner not qualifying for the exemption, the purchaser shall be liable for payment of sales tax, with applicable interest, as if the purchaser were a retailer making a retail sale of the tangible personal property at the time the tangible personal property is so purchased, removed, converted, or used, and the cost of the tangible personal property to the purchaser shall be deemed the gross receipts from that retail sale.
(f)  This section shall apply to leases of qualified tangible personal property classified as “continuing sales” and “continuing purchases” in accordance with Sections 6006.1 and 6010.1. The exemption established by this section shall apply to the rentals payable pursuant to the lease, pro vided the lessee is a qualified person and the tangible personal property is used in an acti vity described in subdivision (a).
(g)  (1)  Upon the effective date of this section, the Department of Finance shall estimate the total dollar amount of e xemptions that will be tak en for each calendar year , or any portion thereof, for which this section provides an exemption.
95 AB 1951 — 23 —

(2)  (A)  No later than each May 1 ne xt following a calendar year for which this section or Section 6377.1 as in ef fect on December 31, 2027, provides an exemption, the department shall provide to the Joint Le gislative Budget Committee and to the Department of Finance a report of the total dollar amount of exemptions taken under this section or under Section 6377.1 as in effect on December 31, 2027, for the immediately preceding calendar year. The report shall compare the total dollar amount of exemptions taken under this section or under Section 6377.1 as in effect on December 31, 2027, for that calendar year with the Department of Finance’s estimate in paragraph (1), or its estimate pursuant to paragraph (1) of subdivision (f) of Section 6377.1 as in effect on December 31, 2027, for that same calendar year. (B)  (i)  No later than each May 1 next following calendar years 2027 to 2030, inclusive, the department shall provide to the Joint Legislative Budget Committee and to the Department of Finance a report of the re venue v alue of the total dollar amount of exemptions tak en pursuant to subdi vision (a), or pursuant to subdivision (a) of Section 6377.1 as in ef fect on December 31, 2027, for sales to, or purchases by, qualified persons described in clause (ii) for the immediately preceding calendar year. (ii)  The report required under this subparagraph shall only include the revenue value of the total dollar amount of exemptions allowed to the following:
(I)  A qualified person that is primarily eng aged in those lines of business described in Codes 221111 to 221118, inclusive, and 221122 of the North American Industry Classification System (NAICS) published by the United States Office of Management and Budget (OMB), 2012 edition.
(II)  A qualified person that is both of the following:
(ia)  A person that is primarily engaged in those lines of business described in Codes 3111 to 3399, inclusive, 541711, and 541712 of the North American Industry Classification System (N AICS) published by the United States Office of Management and Budget (OMB), 2012 edition.
(ib)  A person that is an apportioning trade or b usiness as described in paragraph (1) of subdi vision (c) of Section 25128, that is required to apportion its b usiness income pursuant to subdivision (b) of Section 25128, or a trade or business as described in paragraph (1) of subdi vision (c) of Section 25128, conducted 95 — 24 — AB 1951

wholly within this state that w ould be required to apportion its business income pursuant to subdi vision (b) of Section 25128 if it were subject to apportionment pursuant to Section 25101. (C)  No later than each May 1 ne xt following calendar years 2027 through 2030, inclusive, the department shall provide to the Joint Le gislative Budget Committee and to the Department of Finance a report of the revenue value of the total dollar amount of exemptions taken under this section, or under Section 6377.1 as in effect on December 1, 2027, for the immediately preceding calendar year.
(3)  (A)  An amount that equals the re venue value of the total dollar amount of e xemptions, as reported by the department pursuant to subparagraph (B) of paragraph (2), with the concurrence of the Department of Finance, shall be transferred from the Greenhouse Gas Reduction Fund to the General Fund, no later than each June 30 ne xt follo wing the calendar year described in subparagraph (B) of paragraph (2). Any amount attributable to an y cancellations the department made of an y outstanding and unpaid deficiency determinations and any refunds under subparagraph (B) of paragraph (13) of subdivision (b) shall be e xcluded from the transfer of the amount described in subparagraph (B). The transfers to the General Fund shall be accrued to the fiscal year in which the revenue loss occurred. (B)  (i)  For calendar years 2027 through 2030, inclusi ve, an amount not to exceed the difference between the revenue value of the total dollar amount of exemptions as reported by the department pursuant to subparagraph (C) of paragraph (2), and the re venue value of the total dollar amount of exemptions as reported by the department pursuant to subparagraph (B) of paragraph (2), may be transferred from the Greenhouse Gas Reduction Fund to the General Fund, no later than each July 31 follo wing that calendar year described in subparagraph (C) of paragraph (2). The transfers to the General Fund shall be accrued proportionally to the fiscal year in which the revenue loss occurred.
(ii)  The amount transferred under this subparagraph for each fiscal year shall be as determined by the Director of Finance, unless a different amount is otherwise specified in the Budget Act for that fiscal year.
95 AB 1951 — 25 —

(4) For purposes of this subdivision, the “revenue value” of an amount of e xemptions shall mean the estimated re venue loss to the General Fund from the allowance of those exemptions. (h) This section shall become operative on January 1, 2028, and shall remain in ef fect only until January 1, 2031, and as of that date is repealed.

SEC. 5. (a)  For purposes of complying with Section 41 of the Revenue and Taxation Code, the Le gislature finds and declares that the objective of the exemption created by Section 6377.1 of the Revenue and Taxation Code, as added by Section 3 of this act, is to encourage new and continued investment in California in the areas of manufacturing and research and development.
(b)  The performance indicators the Le gislature can use to determine if the e xemption is achie ving the objecti ve stated in subdivision (a) shall be the dollar amount of taxes that would have been collected if there w as no e xemption, and the number of businesses that ha ve applied for and recei ved the e xemption for manufacturing or research and development equipment.
(c)  The California Department of Tax and Fee Administration shall annually prepare a written report on the following:
(1)  The dollar amount of tax es not collected in each city and county for the purchase of manuf acturing or research and development equipment.
(2)  The cost to the state of administering the sales and use tax exemption for manuf acturing or research and de velopment equipment.
(3)  The number of businesses that have applied for and received the sales and use tax exemption for manufacturing or research and development equipment.
(d)  No later than July 1, 2024, and each July 1 thereafter , the California Department of Tax and Fee Administration shall submit the report prepared pursuant to subdi vision (c) to the Senate Committee on Budget and Fiscal Review, the Assembly Committee on Budget, the Senate and Assembly Committees on
Appropriations, the Senate Committee on Governance and Finance, and the Assembly Committee on Revenue and Taxation. The report shall be submitted in compliance with Section 9795 of the Government Code.
(e)  (1)  In addition to the reports required pursuant to subdivision (c), the Legislative Analyst’s Office shall prepare a report, no later 95 — 26 — AB 1951

than January 1, 2027, comparing the full e xemption authorized pursuant to Section 3 of this act to the partial exemption in effect prior to January 1, 2023. The report shall include information on the following:
(A)  The tax savings realized by qualified persons.
(B)  The degree, if any, to which the full e xemption has led to an increase in sales and purchases of qualified tangible personal property.
(C)  The degree to which the full exemption has led to increased manufacturing, research and development, or electric generation activity in this state.
(D)  Any attendant economic impacts of the full e xemption, including increases in economic acti vity and job creation, to the degree ascertainable.
(2)  The report required by this subdi vision shall be submitted to the Senate Committee on Budget and Fiscal Re view, the Assembly Committee on Budget, the Senate and Assembly
Committees on Appropriations, The Senate Committee on
Governance and Finance, and the Assembly Committee on
Revenue and Taxation. The report shall be submitted in compliance with Section 9795 of the Government Code.

SEC. 6. Notwithstanding Section 2230 of the Re venue and Taxation Code, no appropriation is made by this act and the state shall not reimb urse any local agenc y for an y sales and use tax revenues lost by it under this act.

SEC. 7. This act provides for a tax levy within the meaning of Article IV of the California Constitution and shall go into immediate effect.
95 AB 1951 — 27 —

Approved , 2022
Governor
AGENDA ITEM C-21

COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Receive Report Regarding Communication Pertaining to Assembly Bill 2550 (Arambula):

State Air Resources Board: Ambient Air Quality Standards: Nonattainment Districts M
EETING DATE: September 21, 2022
P
REPARED BY: City Clerk
RE
COMMENDED ACTION: Receive report regarding communication pertaining to Assembly Bill (AB) 2550 ( Arambula): State Air Resources Board: Ambient Air Quality Standards: Nonattainment Districts.

B
ACKGROUND INFORMATION: The City received a request for communication from the League of California Cities regarding AB 2550 (Arambula): State Air Resources Board: Ambient Air Quality Standards: Nonattainment Districts. There was an immediate need to send the letter, as it had been passed by the Assembly and the Senate and is with the Governor’s Office for final signature.

A
ssembly Bill 2550 would remove local control and responsibility to regulate stationary resources of air pollution and transfer this responsibility to the California Air Resources Board (CARB). California cities currently collaborate with CARB to develop air quality plans, which are subject to extensive review at the local, state and federal review.

A
B 2550 will not provide any additional air quality benefit; it does not provide any additional tools to address mobile sources emissions, which is the largest contributor to the State's air quality challenge.

T
he attached letter, signed by the Mayor, was sent to Governor Newsom’s Office on September 8, 2022.

Assembly Bill 2550 is attached for reference.

F
ISCAL IMPACT: Not applicable.

F
UNDING AVAILABLE: Not applicable.
_______________________________________

Olivia Nashed
City Clerk

Assembly Bill No. 2550
Passed the Assembly August 25, 2022
Chief Clerk of the Assembly
Passed the Senate August 25, 2022
Secretary of the Senate
This bill w as recei ved by the Go vernor this day
of , 2022, at o’clock m.

Private Secretary of the Governor

CHAPTER
An act to add Section 41501 to the Health and Safety Code, relating to air pollution.
legislative counsel’s digest
AB 2550, Arambula. State Air Resources Board: San Joaquin Valley Air Pollution Control District: nonattainment.

Existing law generally designates local air districts with primary responsibility for the control of air pollution from all sources other than v ehicular sources. Existing la w requires the State Air Resources Board to coordinate air pollution control acti vities throughout the state and to ensure that the entire state is, or will be, in compliance with state standards, to re view a district’ s attainment plan, and an y revised plan, to determine whether the plan will achie ve and maintain the state’ s ambient air quality standards by the earliest practicable date, to re view the rules, regulations, and programs submitted by an air district to determine whether they are sufficiently effective to achieve and maintain the state ambient air quality standards, and to review the enforcement practices of a district to determine whether reasonable action is being tak en to enforce the district’ s programs, rules, and regulations. Existing la w authorizes the state board, if, after a public hearing, it finds that a program or the rules and regulations of an air district will not lik ely achieve and maintain the state’ s ambient air quality standards, to establish a program, or portion thereof, or rules and regulations it deems necessary to enable the air district to achieve and maintain ambient air quality standards.

This bill would require the state board, if the San Joaquin Valley Air Pollution Control District does not receive a determination of attainment from the United States En vironmental Protection Agency for a national ambient air quality standard established by the agency pursuant to the federal Clean Air Act by the applicable attainment date for that standard, to undertak e certain activities, including coordinating with the district and community-based organizations in the district and conducting outreach to under-resourced communities in the district to identify gaps in the state implementation plan and the district’s attainment plan, rules, 93 — 2 — AB 2550

regulations, programs, and enforcement practices that impact the district’s ability to attain and maintain that ambient air quality standard.

This bill would require the state board to conduct at least one public hearing in the district re garding the district’ s attainment plan, and would require the state board to solicit public comment on specified topics, including the state board’ s re view of the district’s attainment plan, rules, re gulations, programs, and enforcement practices, data re garding stationary sources in the district, including monitoring and enforcement of those sources, and the state board’s plan to coordinate with the district to provide additional monitoring and enforcement capacity for stationary sources in the district. The bill would require the state board, after the final public hearing, to draft, and post on its internet website, a report that includes an outline of the program, or portion thereof, or rules or regulations that the state board deems necessary for the district to attain and maintain that national ambient air quality standard and a summary of, and response to, all public comments received by the state board. The bill would require the state board, after finalizing the report and based on the findings in the report, to develop the program, or portion thereof, or rules or regulations that the state board deems necessary for the district to attain and maintain that national ambient air quality standard.

This bill would make legislative findings and declarations as to the necessity of a special statute for the San Joaquin Valley Air Pollution Control District.

The people of the State of California do enact as follows:

SECTION 1. The Le gislature finds and declares all of the following:
(a) The United States En vironmental Protection Agency is responsible for establishing national ambient air quality standards for a number of pollutants, including ozone and particulate matter below 10 microns (PM10) and below 2.5 microns (PM2.5) in size. (b) Poor air quality is intimately link ed with ne gative health impacts, including respiratory illness and premature deaths, with recent studies estimating air pollution as the cause of over 100,000 premature deaths in the United States in 2011.
93 AB 2550 — 3 —

Low-socioeconomic status communities are at higher risk than higher-income communities. Additionally, Hispanic, Asian, and Black individuals experience higher risk of premature death than White individuals.
(d) Specific to PM2.5, research has found that for elders enrolled in Medicare, it is estimated that reaching the World Health Organization’s standards, which are only slightly more stringent than the most recent national standards, w ould pre vent nearly 140,000 early deaths of elderly individuals over the next decade.

For the San Joaquin Valley, data suggests that PM2.5 exposure is responsible for 1,200 cases of premature death in the valley each year.
(e)  However, the eight counties forming the San Joaquin Valley Air Pollution Control District continue to be in nonattainment of annual national PM2.5 air standards set in 1997, let alone more stringent national standards passed in 2006 and 2012.
(f)  The United States En vironmental Protection Agency also establishes timelines for attainment of national ambient air quality standards, and the San Joaquin Valley has consistently e xceeded deadlines since the initial deadline for 1997 standards. (g)  In November 2021, a la wsuit was filed against the United States En vironmental Protection Agency claiming prolonged inaction by the agenc y to address continued nonattainment of national ambient air quality standards in the San Joaquin Valley. (h)  If the United States En vironmental Protection Agency imposes sanctions on the state as a result of litig ation regarding nonattainment areas in the state, the agency may prohibit approval of state highw ay construction projects not directly link ed to improving public safety or emissions reductions.
(i)  Beyond the clear negative impacts to public health, continued nonattainment poses a risk to construction and economic gro wth in the San Joaquin Valley. To reduce the risk of premature deaths for hundreds of thousands of state residents and to remove the risk of federal sanctions, the state needs to enact legislation to ensure consistent progress and rapid attainment of national ambient air quality standards in the state.

SEC. 2. Section 41501 is added to the Health and Safety Code, to read:
93 — 4 — AB 2550

41501. (a)  For purposes of this section, the follo wing terms have the following meanings:
(1)  “Agency” means the United States Environmental Protection Agency.
(2)  “District” means the San Joaquin Valley Air Pollution Control District.
(b)  If the district does not receive a determination of attainment from the agenc y for a national ambient air quality standard established by the agenc y pursuant to the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.) by the applicable attainment date for that standard, the state board shall do all of the following:
(1)  Coordinate with the district and community-based
organizations in the district, and conduct outreach to
under-resourced communities, as defined in subdi vision (g) of Section 71130 of the Public Resources Code, in the district to identify gaps in the state implementation plan and the district’ s attainment plan, rules, re gulations, programs, and enforcement practices that impact the district’ s ability to attain and maintain that national ambient air quality standard.
(2)  Coordinate with the district to provide additional monitoring and enforcement capacity for stationary sources in the district, including, b ut not limited to, independently inspecting, or accompanying the district on inspections of, the largest stationary sources in the district.
(3)  Conduct at least one public hearing in the district regarding the district’s attainment plan submitted pursuant to Section 40911, and solicit public comment on all of the following:
(A)  The state board’s review of the district’ s attainment plan, rules, regulations, programs, and enforcement practices. (B)  Gaps in the state implementation plan and the district’ s attainment plan, rules, re gulations, programs, and enforcement practices, either independently identified by the state board or identified pursuant to paragraph (1) that impact the district’s ability to attain and maintain that national ambient air quality standard. (C)  Data regarding stationary sources in the district, including monitoring and enforcement of those sources, and the state board’s plan to coordinate with the district to provide additional monitoring and enforcement capacity pursuant to paragraph (2).
(D)  Any other data, analysis, evaluation, or information relevant to the district’s ability to attain and maintain that national ambient 93 AB 2550 — 5 —

air quality standard, including, b ut not limited to, the impact of nonattainment on public health in the district and in the state. (4)  (A)  After the final public hearing conducted pursuant to paragraph (3), draft, and post on its internet website, a report that includes both of the following:
(i)  An outline of the program, or portion thereof, or rules or regulations that the state board deems necessary for the district to attain and maintain that national ambient air quality standard. (ii)  A summary of, and the state board’s response to, all public comments received pursuant to paragraph (3).
(B)  The state board shall pro vide a copy of the final report to the district and to the relevant fiscal and policy committees of the Legislature.
(C)  After finalizing the report and based on the findings in the report, the state board shall develop the program, or portion thereof, or rules or regulations that the state board deems necessary for the district to attain and maintain that national ambient air quality standard.

SEC. 3. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the need to protect public health in the San Joaquin Valley Air Pollution Control District, including reducing the risk of premature deaths, due to air pollution in the district and the risk of federal sanctions from the United States Environmental Protection Agency regarding the district’s failure to consistently meet established timelines for attainment of national ambient air quality standards.
93 — 6 — AB 2550

Approved , 2022
Governor
AGENDA ITEM C-22

COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Set Public Hearing for September 27, 2022 to Consider Adopting a Resolution Approving the 2021 -22 Community Development Block Grant (CDBG) Consolidated Annual Performance and Evaluation Report (CAPER)
M
EETING DATE: September 21, 2022
P
REPARED BY: Community Development Director
RE
COMMENDED ACTION: Set Public Hearing for September 27, 2022 to consider adopting a resolution approving the 2021- 22 Community Development Block Grant (CDBG) Consolidated Annual Performance and Evaluation Report (CAPER)
B
ACKGROUND INFORMATION: A public hearing is required as part of the federal requirements under the U.S. Department of Housing and Urban Development (HUD) for the Community Development Block Grant (CDBG) program.

T
he 2021-22 CAPER describes the programs and activities accomplished during the City’s 2021-22 program year, which is from July 1, 2021, to June 30, 2022. The City received $668,918 in CDBG entitlement program year funds. In May 2021, the City adopted its 2021-22 Annual Action Plan (AAP). The AAP identifies the project and programs selected to implement strategic plan goals during the 2021-22 program year. In the 2021-22 program year, the third year of implementing its five-year 2019-2023 Consolidated Plan, the City made progress toward reaching seven of the eleven goals listed in the Consolidated Plan. Goals were met through the program outcomes and by conducting program planning for future projects and activities.

T
he strategic plan section of the five-year Consolidated Plan identified eleven goals for addressing community needs and priorities, including the recently added COVID-19 related goal. This past year’s activities resulted in addressing eight of the established goals, which are listed below:

G
oal 1: Promote Safer Neighborhoods
Goal 3: Infrastructure and Facility Improvements
Goal 4: Increase and Maintain Supply of Affordable Supply Goal 6: Support Public Service Programs for Priority Populations Goal 7: Affirmatively Further Fair Housing
Goal 9: Support Programs and Projects that Reduce and Prevent Homelessness Goal 11: COVID-19 Preparation, Prevention, and Response T
he City intends to address the other three strategic plan goals—Goal #2 (Improve Community Parks and Green Space in CDBG Target Area), Goal #5 (Build Capacity in CDBG Target Area), Goal #8 (Improve Set PH for 2021-22 CAPER
September 21, 2022 Regular City Council Meeting

Page 2 of 2 ends

Housing Affordability), and Goal #10 (Create and Promote Housing for Homeless Populations)—in future program years.

The public review and comment period for the draft CAPER began September 10, 2022, and ends on September 25, 2022, at 5:00 p.m. Staff will gather any public comments received during the review and comment period as well as during the public hearing and add to the CAPER prior to submission to HUD.

Staff recommends City Council set the public hearing to consider adopting a resolution approving the 2021-22 CAPER and authorizing the submission to HUD.

FISCAL IMPACT: Not applicable.

FUNDING AVAILABLE: Not applicable.

________________________________________
John R. Della Monica, Jr.

Community Development Director

AGENDA ITEM C-23

COUNCIL COMMUNICATION
APPROVED: ________________________________
Stephen Schwabauer, City Manager
\\cvcfilv02\pubwks$\WP\COUNCIL\2022\CCSetPH_Prop 218 Solid Waste Rates.docx 9/8/2022 AGENDA TITLE: Set Public Hearing for October 19, 2022 to Consider Adopting Resolution Setting Future Solid Waste Rate Schedules Pursuant to Proposition 218
MEETING DATE: September 21, 2022
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Set public hearing for October 19, 2022 to consider adopting resolution setting future solid waste rate schedules to Proposition 218 for residential.

BACKGROUND INFORMATION: CalRecycle has adopted regulations consistent with the mandates associated with Senate Bill 1383. The mandates are designed to achieve the organic waste reduction goals established in Section 39730.6 of the Health and Safety Code through a 50 percent reduction in the level of statewide disposal of organic waste from the 2014 level by 2020; and a 75 percent reduction in the level of statewide disposal of organic waste from the 2014 level by 2025.

The City is required to comply wi th these regulations to assist the State in achieving the organic waste reduction levels outlined above. One of the main requirements resulting from the regulations include the implementation of mandatory residential and commercial food waste collection and education and outreach. Jurisdictions are required to implement SB 1383 by January 1, 2022. At the February 16, 2022 meeting Council adopted the Notice of Intent to Comply (NOIC). This notice filed with CalRecycle authorized them to waive civil penalties until January 1, 2023 if a jurisdiction intends to comply some or all of the regulatory requirements and implements the SB1383 requirements.

Staff is currently working with Waste Management to provide substantial outreach to our customers regarding organics recycling requirements and anticipates residential organics recycling service to commence by January 1, 2023. The implementation of the mandatory residential food waste collection will result in additional costs to both the City and Waste Management. The new rates proposed are required to cover the cost to fully implement all the requirements under SB 1383 and would go into effect January 1, 2023. Commercial rates will stay at the current rates and will be indexed annually alongside the residential rates beginning in 2024.

On August
26, 2022, in accordance with Proposition 218, a Public Notice was mailed to property owners and customers in both English and Spanish (Exhibit A). The Public Notice provides an explanation of need for the proposed rate
increase, describes the additional services to be provided, the basis of the proposed rate increase, a table identifying the existing and proposed monthly rates; and information on how to file a protest opposing the
proposed rate schedule.

FISCAL IMPACT: Not applicable
FUNDING AVAILABLE: Not applicable
________________________________________
Char les E. Swimley, Jr.

Public Works Director
CES/RAY/cd

PUBLIC HEARING FOR
REFUSE RATE ADJUSTMENT EFFECTIVE JANUARY 1, 2023

NOTICE IS HEREBY GIVEN that the Lodi City Council will consider proposed solid waste rate increase at a public hearing on Wednesday, October 19, 2022, at 7:00 P.M., at the Carnegie Forum, 305 West Pine Street, Lodi, CA 95420. The City Council shall consider adoption of a trash collection and recycling rate schedule for typical residential services to take effect January 1, 2023, as set forth in Table 1 below.

Explanation of Need for Proposed Rate Increase
Senate Bill 1383, signed by Governor Brown in 2016, mandates organic waste be recycled to reduce short-lived climate pollutants and greenhouse gas (GHG) emissions in landfills. Organic waste, which includes food waste, food-soiled paper, and landscape trimmings, makes up a significant portion of California’s waste stream. When landfilled, organic waste produces methane, a greenhouse gas with over 80 times the heat-trapping effect of carbon dioxide. The City’s new program will turn that organic waste into compost to be offered to local agricultural users and landscapers in accordance with the State’s goals to reduce organic waste disposal by 75 percent by 2025. Failure by the City to comply with the state law can result in penalties of up to $10,000 per day.

What does this mean for customers
Beginning January 1, 2023, SB 1383 requires residents to separate food waste from their garbage.

Residents will be able to dispose of food waste in the existing yard waste/green waste container.

However, collection service for this container will then have to be completed weekly instead of bi- weekly in order to minimize potential odors and enhance quality of service.

Rate Increase to Fund the Additional Service
City Staff is requesting an increase in residential rates to cover the reasonable cost of additional services provided for the change to weekly organic waste collection service, increased processing fees for the combined organics stream of yard waste and food waste as well as additional vehicles and staff. The rate increase will allow the City to comply with Senate Bill 1383 and California’s recycling and GHG emissions reduction goals.

Basis of the Rate Increase
The proposed rates listed in Table 1. below reflect the maximum initial rates for each container size. The proposed rate schedule will increase average residential rates by no more than $5.00 per month for the first year. Annually, thereafter, residential and commercial rates will be indexed at 100% of the Consumer Price Index, series CUUR0000SEHG CPI-U Water and Sewer and Trash Collection Services, US City Average, not seasonally adjusted, as published by the United States Department of Labor, Bureau of Labor Statistics (CPI-U). The City is also considering other rate structures that incentivize customers to migrate into larger container sizes in order to reduce costs and in turn, reflect rates at or less than those identified in Table 1. below. However, these alternatives must still be evaluated and may be not be ready for consideration prior to the implementation of the rates below in Table 1.

The proposed rates in Table 1. are based on proprietary data used by Waste Management to calculate the reasonable relationship of the costs for additional services provided for each container size to comply with the SB 1383 State mandated organics service requirements, and funding for City of Lodi to perform the downtown and street maintenance necessary to address the impacts of the additional collection services to comply with SB1383 as listed below:
 Purchase of two additional collection vehicles to increase organics collection to weekly service  Implement Smart Truck technology for SB 1383 route reviews and contamination monitoring  Outreach and education materials required by SB 1383

 SB 1383 required cart labeling redesign and new carts  Funding for City staff to support SB 1383 programs
 Funding for City street maintenance to support additional truck traffic required for weekly organic collection
 Funding to the City for downtown maintenance related to additional collection services  Funding to the City for the administration of the first four years of the contract Table 1. Proposed Monthly Rates
Cart Size Current Monthly Rate Proposed Monthly Rate
20 Gallon $20.82 $25.82
35 Gallon $30.60 $35.60
64 Gallon $46.06 $51.06
96 Gallon $100.37 $105.37

Explanation of the Proposition 218 Protest Process
Proposition 218 requires that the City provide a notice of the proposed future rate schedule to all property owners at least forty-five (45) days prior to holding a public hearing by the City Council to consider adoption of the increased rates. If a majority of the property owners or renters who pay the utility bill file a written protest with the City Clerk opposing the rate increase prior to the end of the public hearing, the increase will not take effect.

How to File a Protest
To submit a written protest opposing the proposed rate schedule, the property owner or renter must include a description of their relevant property sufficient to identify the property. This description can be the address or assessor’s parcel number for the relevant property, which is shown on this mailing.

If the name of the protesting party is not shown on the last equalized assessment roll of San Joaquin County as the owner of the property or on the utility account, the signer of the Protest must also submit written evidence of ownership or renter ship and utility bill responsibility.

At the public hearing, the City Council shall hear all protests and tabulate all submitted ballots in accordance with Section 6 of Article XIII D of the California Constitution. Only one written protest per parcel filed by the owner or tenant (paying the utility bill) shall be counted in calculating whether there is a majority protest. If there are multiple votes for a single parcel and the votes conflict, the City will count the conflict as a no vote.

A majority protest would stop the proposed rate schedule adoption. If you wish to protest the proposed rate schedule, written protests may be made in person at the hearing or delivered to:

City of Lodi
Attention: City Clerk
221 West Pine Street
Post Office Box 3006
Lodi, CA 95241-1910
If you have any questions about this notice, please call the Public Works Department at (209) 333-6706 between 7:30 a.m. and 5:30 p.m., Monday through Thursday, and between 8:00 a.m. and 5:00 p.m. on Friday. City Hall is closed every other Friday.

OLIVIA NASHED, City Clerk
City of Lodi

AUDIENICIA PÚBLICA PARA AJUSTAR EL PRECIO POR LOS SERVICIOS DE DESECHOS A PARTIR DEL 1ro. DE ENERO DE 2023

POR MEDIO DEL PRESENTE SE NOTIFICA, que el Concejo Municipal de Lodi considerará la propuesta sobre el aumento de los costos por la recolección de residuos sólidos, en una audiencia pública que se celebrará el miércoles 19 de octubre de 2022, a las 7:00 p.m., en el Foro Carnegie, 305 West Pine Street, Lodi, CA 95420. El Concejo Municipal considerará la adaptación del plan de precios de recolección de basura y reciclaje por los servicios residenciales comunes que entraran en vigor el 1ro. de enero de 2023, según lo establecido en la Tabla 1 que está a continuación.

Explicación sobre la necesidad del aumento de tarifas que se propone.

El Proyecto de Ley 1383 del Senado, firmado por el Gobernador Brown en el año 2016, obliga a reciclar los desechos orgánicos para reducir los contaminantes ambientales de corta duración y las emisiones de gases con efectos invernaderos (GEI) en los vertederos de basura. Los residuos orgánicos, los cuales incluyen; desechos de alimentos, papel sucio de alimentos y recortes de jardines, forman una parte significativa del volumen de residuos en California. Cuando son depositados en los basureros, los desechos orgánicos producen metano, un gas que tiene un efecto invernadero con más de 80 veces superior de captura de calor del dióxido de carbono. El nuevo programa de la ciudad convertirá esos residuos orgánicos en abono, el cual se le ofrecerá a los consumidores agrícolas y jardineros locales, de acuerdo a los objetivos del Estado, para poder disminuir la eliminación de desechos orgánicos a un 75% para el año 2025. Si la Ciudad no cumple con lo establecido en la ley estatal, esto le puede ocasionar sanciones al municipio de hasta $10,000 dólares por día.

¿Qué significa esto para los ciudadanos?
A partir del 1ro. de enero de 2023, el Proyecto de Ley 1383 del Senado, requerirá que los residentes separen los desperdicios de comida de su basura. Los residentes podrán colocar los desechos de alimentos en el recipiente existente de residuos de jardín/residuos orgánicos. Dicho esto, el servicio de colección para este recipiente tendrá que ser efectuado semanalmente en vez de cada dos semanas para minimizar los posibles olores y mejorar la calidad de servicio.

Aumento de precios para cubrir el servicio adicional
El personal de la ciudad está solicitando un aumento en las tarifas residenciales; para poder cubrir el costo razonable de los servicios adicionales debido al cambio de servicio de colección semanal de residuos orgánicos, el incremento de las tarifas de procesamiento para el volumen combinado de residuos orgánicos de jardín y desechos de alimentos, así como para los vehículos adicionales y para el personal. El aumento de las tasas le permitirá al municipio poder cumplir con el Proyecto de Ley 1383 del Senado, y con los objetivos de reciclaje y la reducción de emisiones de gases con efecto invernadero establecido en California.

Fundamento para el aumento de las tarifas
Las tarifas propuestas que se indican en la Tabla 1. a continuación, muestran las tarifas máximas de inicio para cada tamaño de recipiente. El plan de precios propuesto aumentará las tarifas residenciales normales a no más de 5 dólares por mes durante el primer año. A partir de entonces, anualmente, los precios residenciales y comerciales se indexarán al 100% de acuerdo al Índice de Precios al Consumidor, serie CUUR0000SEHG CPI-U Servicios de Agua y Alcantarillado y Colección de Basura, el US City Average (Promedio por ciudad en los Estados Unidos), no desestacionalizado, según lo publicado por el Departamento de Trabajo de los Estados Unidos, Oficina de Estadísticas Laborales (CPI-U). La Ciudad también está considerando otras estructuras de tarifas que incentiven a los consumidores a cambiar a

tamaños de contenedores más grandes con el fin de reducir los costos y, a su vez, reflejen precios iguales o más bajos de los que se identifican a continuación en la Tabla 1. Sin embargo, estas alternativas aún deben de ser evaluadas y puede que no estén listas para que sean consideradas antes de la implementación de las tasas que se muestran a continuación en la Tabla 1.

Las tasas que se proponen en la Tabla 1, se basan en los datos propios empleados por Waste Management, para calcular la razón de los costos de los servicios adicionales que se proporcionan para cada tamaño de recipiente, con el fin de cumplir con los requisitos obligatorios del Proyecto de Ley 1383 del Senado, de servicios orgánicos del Estado, y la financiación para que la Ciudad de Lodi efectúe el mantenimiento del centro y de las calles; los cuales son necesarios para afrontar los impactos de los servicios adicionales de recolección para poder acatar el Proyecto de Ley 1383 del Senado como se indica a continuación:
 La compra de dos vehículos de colección de basura adicionales para aumentar la colección de desechos orgánicos a un servicio semanal.
 Para implementar la tecnología Smart Truck de acuerdo con el Proyecto de Ley 1383 del Senado, para la revisión de las rutas y el monitoreo de la contaminación.  Para los materiales educativos y de divulgación requeridos por el Proyecto de Ley 1383  El Proyecto de Ley 1383 del Senado requiere un nuevo diseño de las etiquetas de los contenedores y de para los recipientes nuevos.
 Fondos para que el personal de la ciudad apoye los programas del proyecto de Ley 1383 del Senado
 Fondos para el mantenimiento de las calles del municipio para apoyar el tráfico adicional de camiones necesarios para la colección de desechos orgánicos semanal  Fondos para la ciudad, para que pueda realizar el mantenimiento del centro de la ciudad debido a los servicios de colección adicionales
 Fondos dirigidos a la Ciudad para la administración del contrato por los primeros cuatro años del acuerdo
Tabla 1. Tasas Mensuales Propuestas
Tamaño de Recipiente Tasa Mensual Actual Precio Mensual Propuesto 20 Galones $20.82 $25.82
35 Galones $30.60 $35.60
64 Galones $46.06 $51.06
96 Galones $100.37 $105.37

Explicación del Proceso de Protesta u Objeción a la Proposición 218 La Proposición 218 requiere que la Ciudad les proporcione aviso sobre el plan propuesto de aumento de tarifas futuras a todos los propietarios, por lo menos cuarenta y cinco (45) días antes que el Concejo Municipal celebre su audiencia pública en la que se considerará la aprobación de las tarifas aumentadas. Si la mayoría de los propietarios o inquilinos que pagan la factura por los servicios públicos presentan una protesta u objeción por escrito ante el Secretario de la Ciudad oponiéndose al aumento de las tarifas antes de que finalice la audiencia pública, el aumento no entrará en vigor.

Como Presentar una Protesta u Objeción
Para presentar una protesta por escrito oponiéndose al plan de tarifas propuesto, el propietario o arrendatario debe incluir una descripción de su propiedad en cuestión lo suficientemente detallada como para identificar la propiedad. Esta descripción puede ser la dirección o el número de parcela del tasador (número de catastro) de la propiedad en cuestión, la cual se muestra en esta correspondencia.

Si el nombre de la persona que protesta no aparece en el último registro de cálculos prediales ecualizados del Condado de San Joaquín como dueño del predio o en la cuenta de servicios públicos, la persona que firma la Protesta debe de someter evidencia por escrito de que él/ella es el/la propietario(a) o arrendatario(a) y la persona responsable por la factura de los servicios públicos.

En la audiencia pública, el Concejo Municipal escuchará todas las protestas y contabilizará todos los votos presentados de acuerdo con la Sección 6 del Artículo XIII D de la Constitución de California. Sólo se contará una protesta escrita por parcela, ya sea presentada por el propietario o el inquilino (la persona quien paga la factura de servicios públicos) a la hora de calcular si hay una oposición mayoritaria. Si hay varios votos para una misma parcela y los votos entran en contradicción, la Ciudad contará el conflicto como un voto negativo o un voto menos.

Una protesta mayoritaria impediría la aceptación de la propuesta de tarifas. Si desea protestar u oponerse contra la propuesta de tarifas, puede hacerlo en persona durante la audiencia pública o entregándola a:

City of Lodi
Attention: City Clerk
221 West Pine Street
Post Office Box 3006
Lodi, CA 95241-1910
Si tiene preguntas sobre este aviso, por favor comuníquese con el Departamento de Obras Públicas al (209) 333-6706 entre las 7:30 a.m. y 5:30 p.m., de lunes a jueves y entre las 8:00 a.m. y 5:00 p.m. los viernes. City Hall (El Ayuntamiento) está cerrado cada otro viernes.

OLIVIA NASHED, Actuaria Municipal
City of Lodi
AGENDA ITEM G-01

COUNCIL COMMUNICATION
APPROVED: ___________________________________
Stephen Schwabauer, City Manager
\\pwadc02\msc$\GROUP\WWW\SWTF\REPORTS\PHG REPORTS\2022 PHG Report\CC Public Hearing PHG 2022.doc 9/6/22 AGENDA TITLE: Public Hearing to Receive Comments on and Consider Accepting City of Lodi's Report on Water Quality Relative to Public Health Goals M
EETING DATE: September 21, 2022
P
REPARED BY: Public Works Director
RE
COMMENDED ACTION: Public Hearing 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
APPROVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Adopt Resolution Approving the Memorandum of Understanding Between the City of Lodi and the Lodi Professional Firefighters for the Period January 1, 2023 through December 31, 2025
MEETING DATE: September 21, 2022
PREPARED BY: Human Resources Manager
RECOMMENDED ACTION: Adopt Resolution Approving the Memorandum of Understanding between the City of Lodi and the Lodi Professional Firefighters for the Period January 1, 2023 through December 31, 2025.

BACKGROUND INFORMATION: Representatives from the City of Lodi and the Lodi Professional Firefighters (LPF) have been bargaining over a successor Memorandum of Understanding (MOU) for the past two months and have reached a tentative agreement, subject to Council approval.

A redline strikeout version of the MOU is attached for Council review and approval. A summa ry of the key changes to the MOU are as follows:
 The term of the MOU shall be from January 1, 2023 through December 31, 2025.  Fifteen percent (15%) wage adjustment over the term of the contract as follows:
o Six percent (6%) effective January 9, 2023;
o Five percent (5%) effective January 8, 2024; and
o Four percent (4%) effective January 6, 2025.
 Increase to the City’s contribution towards medical premiums and remain over the term of the contract:
o $ 2,005.52 per month for family coverage;
o $ 1,542.71 per month for employee plus one dependent coverage; and o $ 771.35 per month for employee only coverage.
 Increase to the annual maximum dental benefit from $1,000 to $1,250 and the addition of orthodontia benefits for the employees and eligible dependents with a lifetime maximum benefit of $1,250.  Increase holiday hours by 12 hours for shift employees or 8 hours for non-shift employees in recognition of the Juneteenth holiday.
 Add Physical Fitness/Wellness Incentive of $50 per month, effective January 2025.  Eliminate uniform allowance January 8, 2024.

LPF continues to partner with the City to maintain a high level of service at a reasonable cost to the community.

Both the City and LPF recognize the need to offer competitive salary and benefit packages to attract and retain

talented employees into the fire service. Both also recognize the need for the City to maintain its financial health.

The increases offered in this agreement bring the LPF salaries closer to both average and median of our competitive agencies and it is anticipated will keep them near this midpoint throughout the term of the contract.

The agreement strikes a balance by providing enhanced salary to LPF members at a reasonable cost to the City.

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

FISCAL IMPACT: The total long term annual cost of the proposed agreement is $ 1,050,000. The total cost of the term of the agreement is $2,325,000 as shown below.

Calendar Year 2023 $ 480,000
Calendar Year 2024 $ 795,000
Calendar Year 2025 $ 1,050,000

Total Cost (3 years) $ 2,325,000

FUNDING AVAILABLE: Budget adjustments for these and other compensation increases for City employees may be needed at Mid Year Fiscal Year 2022/23. Vacancy savings are the first source for funding the increases for this and future employee contract changes in the coming Fisc al Year. These savings have been significant in the past three years allowing the City to build up substantial reserves. These reserves may be necessary to finance a portion of salary increases. Staff will first seek to prioritize Pension Stabilization Reserves held at PARS to pay eligible pension costs in order to preserve locally held economic and catastrophic reserves should actual reserves be needed. Staff will seek Council input prior to any use of reserves.

_________________________________
Adele Post, Human Resources Manager

_________________________________
Andrew Keys, Deputy City Manager

Attachment

MEMORANDUM OF UNDERSTANDING

CITY OF LODI

AND

LODI PROFESSIONAL FIREFIGHTERS

January 1, 20232020 – December 31, 20252022

MOU – CITY OF LODI AND LPF 20230 - 20252
2 TABLE OF CONTENTS
PAGE #
CHAPTER 1 – SALARIES AND OTHER COMPENSATION
Article I Above Class Pay 4
Article II Department Sanctioned Teams 4
Article III Education Incentive 5
Article IV Flexible Spending Account 6
Article V Jury Duty 6
Article VI Merit Increases 7
Article VII Overtime 7
Article VIII Salary 8
Article IX Tuition Reimbursement 8
Article X Deferred Compensation 8
Article XI Uniform Allowance 9
Article XII Workers’ Compensation 9
Article XIII Bilingual Pay 9
Article XIV Longevity Pay 9
Article XV Driver/Operator Pay 9

CHAPTER 2 – LEAVES

Article XVI Catastrophic Leave 10
Article XVII Holidays 10
Article XVIII Leaves of Absence 10
Article XIX Sick Leave 11
Article XX Vacation 11

CHAPTER 3 – INSURANCE AND RETIREMENT

Article XXI Chiropractic Insurance 13
Article XXII Dental Insurance 13
Article XXIII Medical Insurance 13
Article XXIV Retirement Plan 13
Article XXV Sick Leave Conversion 15
Article XXVI Vision Care 16
Article XXVII Survivor Benefits 16

CHAPTER 4 – SAFETY

Article XXVIII Safety Committee 18

CHAPTER 5 – Work Hours, Schedules, Meals

Article XXIX 56-Hour Work Week 19
Article XXX Shift Trades 19

MOU – CITY OF LODI AND LPF 20230 - 20252
3 CHAPTER 6 – ASSOCIATION / CITY ISSUES

Article XXXI Alcohol, Smoking, and Drugs 21
Article XXXII City Rights 21
Article XXXIII Complete Agreement 22
Article XXXIV Concerted Activities 22
Article XXXV Employee Representation 23
Article XXXVI Grievance Procedure 24
Article XXXVII Layoff Procedure 28
Article XXXVIII Physical Fitness 28
Article XXXIX Probation 29
Article XL Severability 29
Article XLI Miscellaneous 29
Article XLII Employee Personnel Files 29

Schedule A – Salary Schedule Effective January 9, 202313, 2020

MOU – CITY OF LODI AND LPF 20230 - 20252
4 Chapter 1. Salaries and Other Compensation

ARTICLE I - ABOVE CLASS PAY

1.1 All employees in this bargaining unit who are required to work in a higher class shall be paid an additional 5% of the employee's salary for all hours once 6 consecutive hours have been worked.

1.2 Employee’s assigned as the Administrative Training Officer shall receive special assignment pay equal to 8% of the employee’s normal base pay. The special assignment pay is intended to compensate the employee for the loss in pay from transferring from a shift to non-shift schedule.

It is mutually agreed that assignments to the Administrative Training Officer are at the sole discretion of the Fire Chief and may be filled by personnel from the rank of Fire Engineer or Fire Captain. The Fire Chief may assign a Fire Captain as the Administrative Training Officer if there are no interested or qualified employees.

Assignments may be for a three year term and will be reviewed annually. Extensions beyond the initial three year term may be made by mutual a greement between the Fire Chief and the Administrative Training Officer on a year by year basis.

The work schedule of the Administrative Training Officer will be determined by the Fire Chief based on the operational needs of the Fire Department.

Engineers assigned as the Administrative Training Officer may participate in the promotional examination for Fire Captain, if they are eligible. The Administrative Training Officer assignment will not preclude the Engineer from participating in the promotional examination or from being promoted to Fire Captain.

The Administrative Officer shall remain budgeted for at the rank of Captain.

The Administrative Training Officer will report directly to the Fire Chief and is eligible to work overtime outside of their normal work schedule.

The Administrative Training Officer is eligible for above class pay of 5% if assigned to work in a higher classification, pursuant to Section 1.1 the LPF MOU.

ARTICLE II – DEPARTMENT SANCTIONED TEAMS

2.1 It is the intent of the City to develop specialized teams to address a variety of special hazards and provide specialized services to the department or community. When a team is established, minimum standards for inclusion and retention as a team member shall be developed and rati fied by the Fire Chief. Any member of the department, who becomes a member of the recognized specialized team, shall receive a 3.0% salary increase for as long as he/she meets the minimum entry level requirements and maintains a minimum level of participa tion as outlined in the team membership requirements. Each employee of the department can only receive 3.0% of salary for team membership, regardless of the number of teams the employee belongs to.

2.2 The development of new teams shall require the submittal of minimum entry level and performance criteria for maintenance of membership to the Fire Chief prior to

MOU – CITY OF LODI AND LPF 20230 - 20252
5 the development of the team. The Fire Chief shall have the sole discretion as to the appropriate number of members per specializ ed team. The department shall make every effort to develop a cadre of specialized teams to adequately address the needs of its members.

ARTICLE III - EDUCATION INCENTIVE

3.1 An incentive program shall be established with the major purpose being to encourage and reward members of the LPF to broaden their on -the-job experience with academic training in the fields of science, management and administration.

3.2 Employees who meet the following criteria are eligible for education incentive pay.

A. Employees holding an Associate of Arts shall receive $25.00 per month if the:

1. AA is in Fire Science or related field or;

2. AA is in a non -related field with a Fire Science Certificate from an accredited institution or;

3. The employee possesses an AA degree and is actively pursuing a baccalaureate degree.

B. Employees possessing a BA or BS degree shall receive an additional $100.00 per month. If an employee possesses a BA degree, it is assumed that an AA is also possessed.

C. The following increments shall be added to the Education Incentive Program.

It is agreed that the following amounts shall be paid upon verification that the individual has completed the necessary course work and has submitted a completed application to the certifying agency. Verification of course work and submittal of a completed application must be provided to Human Resources along with the request for the incentive. Incentive pay is effective the first day of the full pay period following receipt and verification of required documentation.

 Completed course work Fire Officer ................................................ $50.00 per month  Completed course work Chief Officer ............................................. $50.00 per month  Completed course work Fire Investigator or Level 2 Investigator ... $12.50 per month  Completed course work Fire Instructor Level 3 and Mgmt 2.E ........ $25.00 per month  Completed course work Fire Prevention Officer Level 3 and Mgmt 2.E or Fire Inspector I ................................................................................................................ $25.00 per month  Completed course work Public Education Officer Level 2 or Community Risk Officer .................................................................................................................. $12.50 per month  Certified Fire Chief ........................................................................... $25.00 per month

The maximum amount to be paid under this program is $175.00 per month.

MOU – CITY OF LODI AND LPF 20230 - 20252
6 3.3 In addition to the amounts specified in Section 3.2 , an additional $25.00 per month shall be paid if the employee possesses a Hazardous Materials Specialist/ Technician certificate.

3.4 Persons possessing the aforementioned requirements shall not receive the incentive pay until such time as evidence of course completion is produced. Incentive pay shall be retroactive up to a maximum of six (6) months from the date Human Resources received and verified the required documentation.

ARTICLE IV – FLEXIBLE SPENDING ACCOUNT

4.1 The City shall include members of the LPF in the City’s flexible spending account program, which allows employees to pay for unreimbursed medical costs, insurance premiums, and dependent care costs to be paid with pretax dollars. Effective in plan year 2018, the Medical Flexible Spending Account (FSA) will include a carryover provision which allows an active participant to automatically carryover up to the IRS limit ($5500 for 2023) to the new plan year. However, amounts over $500the IRS limit would be forfeited after the final filing date, if left unclaimed.

ARTICLE V - JURY DUTY

5.1 All full-time regular employees are granted jury duty leave with pay. Any employee who is summoned to attend any court during the time regularly required for his employment for the purpose of jury service shall be entitled, while so engaged and actually se rving, to his regular compensation in addition to any jury duty compensation.

5.2 No employee shall be granted jury duty leave with pay in which such employee will be testifying in behalf of oneself or as a witness in a court of law.

5.3 An employee serving on jury duty, who is not required to be in attendance at such jury duty for more than one half of the employee's normal working day is expected to return to his regular work assignment for the balance of the day. An employee seated on a jury shall not be scheduled for regular work during the twelve hours preceding the scheduled time for jury duty.

5.4 If an employee covered by this Agreement is required by subpoena to appear in court or to give a deposition as a result of an action taken within the scope of employment with the City, that employee shall receive his full pay while so doing, with no loss of time if he/she is on regular duty. If the employee is not on duty, the City agrees to compensate that employee at one and one -half times his/her regular rate of pay, for the time spent in any appearance as required by this Article. The employee shall demand a witness fee and shall reimburse same to the City. As a prerequisite for payment to off -duty employees, the Fire Chief or his designee must b e notified in writing of the off -duty appearance within seventy -two hours after the employee is subpoenaed or otherwise notified of the required court appearance. The employee shall demand a witness fee and shall reimburse the same to the City.

5.5 Voluntary Grand Jury service such as that service in San Joaquin County, is not covered by Jury Duty leave.

MOU – CITY OF LODI AND LPF 20230 - 20252
7 ARTICLE VI – MERIT INCREASES

6.1 Merit increases shall not exceed the next step of the salary range for the position’s classification.

ARTICLE VII - OVERTIME

7.1 All hours worked in addition to the regularly scheduled shifts shall be paid at the rate of one and one -half times the then regular rate of the employee. Overtime work shall be required of any employee to meet special or unusual needs of serv ice beneficial to the City and community. All overtime work requires the prior approval of a supervisor. No employee on disciplinary or medical leave shall be eligible to work overtime.

7.2 Employees working overtime shall be paid in increments of 15 minutes. Time within any 15 minute increment shall be rounded off, with 0-7 minutes adjusting back to the preceding increment and 8 -15 minutes adjusting forward to the next increment.

Thereafter, overtime shall be compensated in increments of 15 minutes at a rate of time and one-half.

7.3 Employees may accrue compensatory time in lieu of overtime pay. The accrual rate for compensatory time shall be one and one-half hours for each hour worked.

7.4 No more than two hundred forty (240) hours of compensatory time shall be carried on the books at any time.

7.5 Bargaining unit members shall be allowed to cash out up to a maximum of 240 hours of earned compensatory time off twice per year, in April and October.

7.6 Upon separation, the employee shall be paid at the employee’s current hourly rate or the average of the last three years whichever is higher, for the remaining compensatory balance.

7.7 Early call in or shift holdovers shall be compensated at the time and one-half rate.

7.8 Employees called to work outside their regular hours shall be paid at the rate of time and one-half the hourly rate for hours actually worked with a minimum guarantee of three (3) hours for each call.

7.9 If an employee requests time off that would resul t in the need for overtime, the employee must take a minimum of three (3) hours off unless the time off is for emergency reasons or has prior approval of the Fire Chief or his/her designee. Except for the first or last two or less hours of the shift, shif t holdover or early relief would apply in these situations.

7.10 If a represented employee is called upon to perform the duties of a position exempt from the Fair Labor Standards Act, all provisions of this Article shall prevail.

7.11 Effective as soon a s administratively possible, the Department will implement overtime procedures as follows:

MOU – CITY OF LODI AND LPF 20230 - 20252
8 a. First right to vacancy shall be rank for rank . If there are no members currently signed up for the overtime for the rank the vacancy has occurred, the process for filling the vacancy shall revert to the overtime method currently in plac e. (Current practice is that first choice for overtime goes to the member who has the longest period of time since working overtime. The employee who worked overtime last would have the last opportunity to sign up.) b. If the vacancy is in a higher rank position, members will not be “bumped up” to create a vacancy in a lower rank.
c. If the Department over staffs and a vacancy is created; the over hire firefighter shall be scheduled to fill firefighter vacancies first.

ARTICLE VIII - SALARY

8.1 The terms and conditions of this MOU shall continue in effect during the term of this MOU. The City of Lodi and LPF agree that the term is January 1, 20232020 through December 31, 20252022.

8.2 The parties agree if a salary survey is performed, the fifteen cities to be surveyed are as follows:

Chico Clovis Davis
Fairfield Merced Manteca
Modesto Redding Roseville
Stockton Tracy Turlock
Vacaville Visalia Woodland

8.3 The City shall provide cost of livingwage adjustments as follows:

Three percent (3%) effective January 13, 2020,
Three percent (3%) effective the first full pay period in July 2020, Three percent (3%) effective the first full pay period in January 2021, Three percent (3%), effective the first full pay period in July 2021, Three percent (3%), effective the first full pay period in January 2022, and Two percent (2%), effective the first full pay period in July 2022 Six percent (6%), effective January 9, 2023,
Five percent (5%), effective January 8, 2024, and
Four percent (4%), effective January 6, 2025.

ARTICLE IX - TUITION REIMBURSEMENT

9.1 In addition to the City policy, individuals enrolling in courses offered by recognized professional organizations which are not accredited through a college or university shall be eligible for up to a maximum of $300.00 per fiscal year, to be paid upon the satisfactory completion of course work. The total monetary benefit shall not exceed the amount listed in the City Policy Manual.

ARTICLE X – DEFERRED COMPENSATION

10.1 The City shall match contributions by bargaining unit members to a deferred compensation program up to a maximum of 3% of the member’s salary.

MOU – CITY OF LODI AND LPF 20230 - 20252
9 ARTICLE XI - UNIFORM ALLOWANCE

11.1 The City shall, on a one-time basis, provide each present and future employee with three department approved uniform shirts and three pair of department approved uniform pants of a flame retardant fabric. After this initial issue the maintenance and replacement of the uniform is the employee's responsibility.

11.2 The uniform allowance shall be $950 per year, paid quarterly, as part of the last bi - weekly paycheck in the months of March, June, September, and December.

11.3 Effective January 8, 2024, the uniform allowance referenced in Section 11.2 shall be eliminated.

ARTICLE XII - WORKERS' COMPENSATION

12.1 In the event that a member of the LPF is disabled, whether temporarily or permanently, by injury or illness arising out of and in the course of his duties, he shall become entitled, regardless of his period of service with the City, to leave of absence while so disabled without loss of salary, in lieu of temporary disability payments, if any, which would be payable under this chapter, f or the period of such disability but not exceeding one year, or until such earlier date as he is retired on permanent disability pension. (State of California Labor Code, Article 7, Section 4850.)

12.2 The City shall implement Article 4850.3 of the Labo r Code which provides for advance disability payments prior to receipt of industrial disability retirement allowance to the member.

ARTICLE XIII- BILINGUAL PAY

13.1 Bilingual pay of $150.00 per month shall be paid to all LPF members for speaking Spanish and/or Punjabi, subject to the eligible employee passing a proficiency exam administered and approved by the City.

ARTICLE XIV- LONGEVITY PAY

14.1 After completing ten years of service with the Lodi Fire Department, employees shall receive an annual longevity pay in the amount of $1,500 in November of the year following completion of ten years of service and each year thereafter until completing twenty years of service with the Lodi Fire Department. Employees who have completed twenty years of service with the Lodi Fire Department will receive longevity pay in the amount of $3,000 in November of the year following completion of twenty full years of service and each year thereafter.

For the purposes of this Article, all employees who as of October 31 st meet the service level requirements (either ten full years or twenty full years from the first day of the month in which they started their employment with the City of Lodi Fire Department) shall receive the longevity pay associated with their years of service with the Lodi Fire Department.

MOU – CITY OF LODI AND LPF 20230 - 20252
10 ARTICLE XV- DRIVER/OPERATOR PAY

15.1 Effective October 8, 2018, LPF members who possess a Lodi Fire Department Driver/Operator certification, as outlined in the Lodi Fire Department Policy Manual Article IV Division 4.15: Section 4.15-1, shall receive a three percent (3%) incentive.

Chapter 2. Leaves

ARTICLE XVI- CATASTROPHIC LEAVE

16.1 LPF members shall be covered by and subject to the Citywide Catastrophic Leave Policy set forth in the City’s current Administrative Policy Manual.

ARTICLE XVII- HOLIDAYS

17.1 Effective January 1, 2023, the holiday leave shall be increased by 12 hours for Sshift employees in recognition of the Juneteenth holiday and 8 hours for non -shift employees. Thereafter, January 1 of each year the LPF shift employees shall earn 168156 hours of holiday leave per year, and non-shift employees shall earn 116108 hours. In January of each year, every employee’s holiday account shall be credited with the appropriate hours based on the employee’s current shift . Employees hired mid-year or terminating mid -year shall have holiday hours credited or deducted at the rate of 6.460 hours per pay period for shift employees and 4.4615 hours per pay period for non-shift employees.

17.2 A shift employee may opt to schedule holidays or to be compensated at the straight time rate for all hours of holiday leave. During the course of the year, an employee who opted to use scheduled holidays may at their request and at the sole discretion of the Fire Chief, schedule a day off in lieu of cash payment. Each year, bargaining unit members shall be allowed to cash out holiday time in June, or the pay period in which December 1 falls, employees shall be paid for the unused holidays at the straight-time rate as of December 31 of the year in which the holidays were earned.

17.3 The Fire Department will make every effort to avoid scheduling any non-emergency training or meetings on the following City observed holidays:

 New Year's Day January 1
 Martin Luther King Day 3rd Monday in January
 President's Day 3rd Monday in February
 Memorial Day 4th Monday in May
 Juneteenth June 19
 Independence Day July 4
 Labor Day 1st Monday in September
 Thanksgiving Day 4th Thursday in November
 Day after Thanksgiving Day Friday following Thanksgiving Day  Christmas Eve (four hours) December 24
 Christmas Day December 25

17.4 Nothing in this MOU is construed to change the manner in which holidays or vacations are scheduled.

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11 17.5 It is mutually agreed that two represented employees per shift shall be allowed to schedule vacations or holiday time. Leave for sickness, injury, or leave for school shall not effect this time off.

ARTICLE XVIII - LEAVES OF ABSENCE

18.1 The City and LPF mutually agree that inability to return to work after an employee's sick leave has been exhausted shall be considered an urgent and substantial reason for the granting of a leave of absence in accordance with the Leave of Absence policy in the City of Lodi Administrative Policy Manual.

18.2 The City interprets this Sect ion as providing that the conditions under which an employee shall be restored to employment on the termination of leave of absence shall be stated as clearly as possible at the time by the City in conjunction with the granting of the leave of absence. The City reaffirms its policy that an employee's status as a permanent employee is not impaired by such leave of absence.

18.3 Employees who are placed in a Leave Without Pay status following the expiration of sick leave, vacation, or compensatory time off , such that the employee is no longer in a pay status shall not receive employer paid employment benefits. However, if the leave is for medical reasons the medical insurance will be carried for three months at the City's expense. Other health benefits may be continued at the employee's expense.

18.4 Medical leave shall be in accordance with the Family Medical Leave Act (FMLA), the California Family Rights Act (CFRA), or Pregnancy Disability Leave (PDL) and/or other applicable state and federal laws.

ARTICLE XIX - SICK LEAVE

19.1 Shift employees shall accumulate sick leave with pay at the rate of 5.54 hours per pay period. Employees working a 40-hour week shall earn 3.70 hours per pay period.

19.2 Sick leave accumulated shall be unlimited.

19.3 One working day is defined as 12 work hours (1 duty day) for all LPF personnel working on a shift schedule.

19.4 Absence to care for a member of an employee's immediate family is authorization to use up to 72 hours of accumulated sick leave. Generally no mor e than 120 hours of family sick leave shall be approved in one calendar year.

ARTICLE XX - VACATION
Non-Shift (40 hour work week) Employees:

Beginning with:

Date of Hire: 3.08 hours per pay period
6th year 4.62 hours per pay period
12th year 5.23 hours per pay period
15th year 6.16 hours per pay period
21st year 6.47 hours per pay period

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12 22nd year 6.78 hours per pay period
23rd year 7.09 hours per pay period
24th year 7.40 hours per pay period
25th year 7.71 hours per pay period

Non-Shift (40 hour work week) Employees hired after February 28, 2020 shall accrue vacation as follows:

Beginning with:

Date of Hire: 3.08 hours per pay period
6th year 4.62 hours per pay period
12th year 5.23 hours per pay period
15th year 6.16 hours per pay period

Shift (56 hour work week) Employees:

Beginning with:

Date of Hire: 5.54 hours per pay period
6th year 8.31 hours per pay period
15th year 11.08 hours per pay period
21st year 11.65 hours per pay period
22nd year 12.20 hours per pay period
23rd year 12.76 hours per pay period
24th year 13.32 hours per pay period
25th year/above 13.88 hours per pay period

Shift (56 hour work week) Employees hired after February 28, 2020 shall accrue vacation as follows:

Beginning with:

Date of Hire: 5.54 hours per pay period
6th year 8.31 hours per pay period
15th year 11.08 hours per pay period

Members of LPF will have the option of cashing out any vacation time in excess of two tours (96 hours) of duty. Members must utilize at least two tours of their vacation time each year.

Members may request a cash out of vacation time at any time. The payout of vacation time shall be at straight time pay on the first regularly scheduled pay check following the request.

All requests shall be made in writing to the Finance Division.

The maximum amount of unused vacation hours an employee may accrue, at any given time is twice the employee’s annual vacation rate. Whenever an employee’s unused, accr ued vacation time has reached this maximum accrual amount, the employee shall stop accruing any additional vacation time. Accrual will automatically resume once the employee uses some vacation time and the accrual balance falls below the maximum accrual amount.

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13 Chapter 3. Insurance and Retirement

ARTICLE XXI – CHIROPRACTIC INSURANCE

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

21.2 The City shall pay the full costs of premiums for the employee and dependent(s) during the life of this agreement.

ARTICLE XXII - DENTAL AND ORTHODONTIA INSURANCE

22.1 The City shall provide Stanislaus Foundation dental plan or an equivalent level of benefits for the term of this agreement . The annual maximum benefit is $1,250 for each family member enrolled in the dental plan per calendar year. Effective January 1, 2023, the City shall provide orthodontia benefits, up to a lifetime cap of $1,250.00 for each family member covered under the plan.

22.2 The City shall pay the increased cost of such premiums for the life of the agreement.

ARTICLE XXIII - MEDICAL INSURANCE

23.1 All employees shall be offered medical insurance for themselves and dependents through CalPERS medical plans. The City shall pay 100% of the premium for the employees’ family category (Single, Employee + 1, Family) for the lowest cost HMO available in Lodi ’s geographical area (excluding PORAC) as of January 1, 2014.

Effective January 1, 202318, the City’s contributions to the premi ums for medical insurance coverage will be capped at the following rates and employees shall be responsible for premium costs in excess of this amount:

$771.35690.20 per month for Employee only
$1,542.711,380.39 per month for Employee +1
$2,005.521,794.51 per month for Family

23.2 If an employee is otherwise covered by a medical plan and waives medical insurance through the City of Lodi, the employee may at their option take the following in cash or deposited into their deferred compensation account:

$305.22 per month for Employee only
$532.92 per month for Employee +1
$692.81 per month for Family

In order to qualify, proof of group insurance must be provided to the city.

ARTICLE XXIV - RETIREMENT PLAN

24.1 The City provides retir ement benefits through the California Public Employees Retirement System ( CalPERS). Employees shall receive the following retirement benefits. The following plan is available to empl oyees hired prior to December 22, 2012 and deemed to be “classic” employees by CalPERS:

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14  Public Safety 3% @ 50 plan
 1959 Survivor benefits - 3rd Level
 Single Highest Year
 Credit for Unused Sick Leave
 Military Service Credit
 2% Annual Cost of Living (COLA) Increase
 Employee shall pay the full employee share of retirement costs to a maximum of 9% of salary

24.2 For employees hired after December 22, 2012 and deemed to be “classic” employees by CalPERS, the following retirement plan will apply:

 Public Safety 3% @ 55 plan
 1959 Survivors Benefit – Third Level
 Average of three highest consecutive years
 Credit for Unused Sick Leave
 Military Service Credit
 2% Annual Cost of Living (COLA) Increase
 Employee shall pay the full employee share of retirement costs to a maximum of 9% of salary

24.3 For employees hired after December 31, 2012 and deemed “PEPRA” employees, the following retirement plan will apply:

 Public Safety 2.7% @ 57 plan
 1959 Survivors Benefit – Third Level
 Average of three highest consecutive years
 Credit for Unused Sick Leave
 Military Service Credit
 2% Annual Cost of Living (COLA) Increase
 Employee shall pay the full employee share of retirement costs as calculated by PERS in its annual actuarial valuation

24.4 To the extent permitted by CalPERS law, the parties agree the following items are considered pensionable compensation:

 Salary
 Department sanctioned teams
 Education/certification incentives
 Uniform allowance
 Longevity pay
 Bilingual pay
 Holiday pay
 FLSA pay

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15 24.5 Effective November 4, 2019 , in accordance with California Government Code §20516 contract amendment process requirements, each employee in this unit shall pay three percent (3%) towards the employer’s share of CalPERS normal pension cost (cost-sharing).

24.6 All members in LPF a gree to pay an additional one percent (1%) towards the employer’s share of CalPERS normal pension cost (cost -sharing) effective in each of the first full pay periods in July 2020, January 2021 and January 2022. PEPRA employees will pay a maximum of fiftee n percent (15%) combined between the employee’s share of PEPRA and any cost-sharing of the employer’s normal pension cost, unless and until the employee’s normal PEPRA costs exceed fifteen percent (15%).

24.6 The City agrees to work with the Lodi Professional Firefighters to establish a retirement healthcare savings program through International City Managers Association (ICMA-RC) VantageCare Retirement Health Savings (RHS) Plan. The parameters of the program shall be established by the working group. Contributions will be made by the employee on a pre-tax basis.

ARTICLE XXV - SICK LEAVE CONVERSION

25.1 For all unused sick leave, a represented employee with ten years of employment with the City shall be eligible to receive medical, dental and vision insurance coverage upon retirement (but not upon resignation, transfer or termination) on the following basis:

After 10 years of employment by the City, the number of hours of unused sick leave shall be reduced by 16 2/3%. The remaining balance shall be converted into an equivalent number of days. (NOTE: A day is equivalent to 12 hours for employees on a 56 -hour week schedule and 8 hours for an employee on a 40 -hour week schedule). The number of days shall be multiplied by the then current monthly premium being paid by the City for the employee and if applicable his dependents , subject to the cap shown in Arti cle XXII. 50% of that dollar value shall be placed into a "bank" to be used for medical, dental and vision insurance premiums for the employee and dependent. For each year that an employee has been employed in excess of 10 years, 2 1/2% shall be added to the 50% before valuing the unused sick leave, not to exceed 100% of that dollar value.

For example:

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

City paid monthly medical insurance premiums are $344.45 for him and his wife.

1800-(1800 x 16 2/3) = 1500 hours
150012 = 125 days x 75% = 93.75

93.75 x $344.45= $ 32,292.19

This amount shall be reduced each month by the current premium(s) for the employee and dependent until the balance is gone. In the event the retire e dies the remaining

MOU – CITY OF LODI AND LPF 20230 - 20252
16 bank shall be reduced by 50% and the survivor may use the bank until the balance is gone.

25.2 In the event an active employee dies before retirement and that employee is vested in the sick leave conversion program, the surviving dependents shall have an interest in one-half the value of the bank as calculated in Section 24.1.

25.3 Represented employees who retire on a service retirement and are eligible to convert accrued, unused sick leave into City paid insurance upon retirement shall be given the option of purchasing, at the retiree's cost, additional insurance for a period of time equal to the period of time for which they received City paid insurance upon retirement.

Employee’s option shall be exercised upon expiration of the City paid coverage.

25.4 In accordance with the sick leave conversion provision outlined in this MOU, a surviving spouse of either an active or retired member may be continued on the medical insurance plan and/or dependent coverage at the appropriate premium for the same period as if the employee had not died.

25.5 Out of area retirees may receive reimbursement for insurance premiums up to the City’s liability as specified in Section 25.1.

25.6 The City shall modify its contract with PERS to add credit for unused sick leave per Government Code Section 20862.8. This benefit is available to all employees regardless of the date hired; however, it is the only sick leave conversion benefit available to employees hired after December 6, 1995. Reporting of unused sick leave shall be pursuant to PERS regulations on said issue. If an eligible employee opts to utilize the provisions of Section 25.1 the City shall report to PERS they have zero (0) hours of unused sick leave.

ARTICLE XXVI- VISION CARE

26.1 The City shall provide and pay for a vision care plan underwritten by VSP or comparable vision care plan. Such comparable vision care plan shall be the same as the plan offered to mid and executive management employees in the City. The plan shall have a $25 deductible, shall provide annual examinations and lenses. Frames are available every two years.

ARTICLE XXVII – SURVIVOR BENEFITS

27.1 The City shall continue providing health benefits for the surviving spouse and minor dependent children, under the same terms and conditions provided prior to the death, of any member of the LPF who is killed or dies during the performance of the ir duties. Minor dependents shall continue to receive benefits under the coverage provided the surviving spouse or, if there is no surviving spouse, u ntil the age of 21 years. Premiums will be paid at the current rate in effect at the time of the member’s death. Premiums will continue to be paid by the City until such time as the surviving spouse is covered by other insurance or remarries, and for dependent children of the member killed in the line of duty until such time as either:

MOU – CITY OF LODI AND LPF 20230 - 20252
17 1. The dependent children are over the eligible age limit, or

2. The dependent children are covered under other alternative medical coverage provided by and through the survivi ng spouse or person who he/she marries.

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18 Chapter 4. Safety

ARTICLE XXVIII - SAFETY COMMITTEE

28.1 A six-member Joint Safety Committee shall be formed to include three members of the LPF. This committee shall be charged with reviewing and making proposed solutions to items relating to safety standards, equipment, procedures, clothing and other safety related matters.

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19 Chapter 5. Work Hours, Schedules, Meals

ARTICLE XXIX- 56-HOUR WORK WEEK

29.1 The work schedule will be a schedule of “56-hours per week” with two on-duty shifts in six 24-hour periods. For purposes of the FLSA, it is mutually understood the City has declared a 24 day work cycle.

For purposes of overtime calculations under the FLSA, sick leave, vacation leave, compensatory time, and holiday leave will be considered time worked.

29.2 If an employee assigned to a 56 -hour work week schedule terminates his/her employment in the middle of a two week payroll cycle, the employee’s pay for that cycle shall be computed by multiplying the number of days between the first day of the payroll cycle and the last shift worked by eight (8) hours or the number of actually worked in that payroll cycle, whichever is greater.

29. 3 It is agreed that the work schedule of the Administrative Captain is a 40-hour week and that all holiday, vacation, and sick leave benefits are based on a 40 -hour week rather than a 56-hour week.

29. 4 Effective May 25, 2015, the following formula s will be used in order to convert all accrued leave hours for employees that move from a 40-hour work week to a 56-hour work week or from a 56-hour work week to a 40-hour work week:

For conversion from 40 to 56 hours Multiply by 1.4
For conversion from 56 to 40 hours Multiply by 0.7143

Thereafter, accruals shall be earned based on the assigned work schedule.

ARTICLE XXX - SHIFT TRADES

30.1 It is mutually agreed that each employee may trade shifts.

A firefighter while on initial probation may initiate shift trades for a hardship, in writing, with approval from their Captain and Battalion Chief. Shift trades for probationary firefighters are acceptable for attendance at approved training classes or seminars only.

30.2 It is expressly understood that shift trades are requested by employees on a voluntary basis and are granted exclusively for employee convenience.

30.3 A shift trade commitment shall be considered the equivalent of the employee’s regularly assigned work day. Any member of the bargaining unit who agrees to a shift trade, but fails to report to work the agreed shift without a valid excuse may be subject to disciplinary action. An employee who agrees to exchange time with another employee and who then fails to report to work the agreed time bec ause of illness, or who reports, but leaves early due to illness, may be required to provide a doctor’s note to verify the illness.

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20 30.4 In the event that the person who had agreed to work is unable to do so, he/she shall make the necessary arrangements to fulfill the obligation. This can be accomplished by: trading with another employee meeting the shift trade requirements; forfeiting sick, holiday, compensatory time, or vacation time, whichever is appropriate based on department policy; or injury leave if appropriate.

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21 Chapter 6. Association/City Issues

ARTICLE XXXI - ALCOHOL, SMOKING AND DRUGS

31.1 Employees of the LPF are strictly prohibited from using tobacco of any kind while on duty or representing the City of Lodi in any capacity. Employees are also prohibited from regular or excessive use of tobacco on their person al time.

Occasional personal use of tobacco is permitted.

31.2 The LPF shall be covered under the Drug-Free Workplace policy and procedure. In addition, the LPF shall be covered under the Drug and Alcohol Testing policy and procedure with the exception of random testing. (Section 34520(e) of the California Vehicle Code exempts fire employees from the provisions of the Omnibus Transportation Employee Testing Act of 1991.)

31.3 In the event an employee is involved in an accident while operating a City vehicle the employee shall not leave the scene of the accident until a determination for drug and/or alcohol testing has been made by the appropriate supervisor.

31.4 In the event an employee is being referred to drug and/or alcohol testing, the employee shall have the right to representation or a witness. The witness may include an on-duty employee, as long as there is no interference with business necessity.

31.5 Supervisors directing an employee to drug and/or alcohol testing shall document at the time of direction the rea son(s) for such determination of the Reasonable Suspicion Test form, and present that form to the employee.

31.6 The reporting of prescription medication being taken by an employee to his/her supervisor shall be kept in confidence.

31.7 In the event an employee’s locker or storage area is to be searched, the employee shall have the right to representation or a witness. The witness may include an on - duty employee, as long as there is no interference with business necessity.

31.8 If a member of the Fire Department has a drug, tobacco or alcohol problem or dependence, the City shall pay the difference between the employee’s insurance and the cost of an appropriate rehabilitation program.

31.9 All supervisory employees, including those in the rank of Fire Captain, shall attend training on making a reasonable suspicion determination of being under the influence of drugs and/or alcohol, and the appropriate referral process. Such training shall be provided by the City of Lodi. Non -supervisory employees may attend the training provided that there is adequate attendance capacity, and that the cost of the training shall be borne by the employee.

ARTICLE XXXII - CITY RIGHTS

32.1 It is further understood and agreed between the parties that nothing contained in this MOU shall be construed to waive or reduce any rights of the City, which include, but are not limited to, the exclusive rights:

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22  to determine the mission of its constituent departments, commissions and boards;  to set standards of service;
 to determine the procedures and standards of selection for employment;  to direct its employees; to maintain the efficiency of governmental operations;  to determine the methods, means and personnel by which government operations are to be conducted;
 to take all necessary actions to carry out its mission in emergencies; and  to exercise complete control and discretion and the technology of performing its work.

32.2 City rights also include the right to determine the procedures and standards of selection for promotion, to relieve employees from duty because of lack of work or other legitimate reasons, to take disciplinary action, and to determine the content of job classifications; provided, however, that the exercise by the City of the rights in this paragraph does not preclude employees or their recognized employee organizations from filing grievances regarding the practical consequences that decisions on such matters may have on wages, hours or other terms and conditions of employment.

32.3 Per Side Letter dated September 14, 2011: The Lodi Professional Firefighters (LPF) recognizes and accepts the City’s right to determine the procedures and standards of selection for promotion. This recognition does not preclude the LPF from discussing with the City the LPF’s point of view as it relates to the timeliness and necessity of promotions. The merits of each promotion should be discussed by both parties with the intent of reaching an understanding. It is the LPF’s contention that economics is one component and should not be the sole deciding factor when determining whether to promote or not. It is through joint discussions that the City and the LPF believe resolution can be found.

ARTICLE XXXIII – COMPLETE AGREEMENT

33.1 The parties acknowledge that during the negotiations which resulted in this MOU, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the scope of negotiations, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in the MOU. Any other prior existing understanding or agreements by the parties, whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety.

33.2 Per the Side Letter signed on May 20, 2004: Except as required by operational/or business necessity impacting City employees as a whole, there shall be no changes to the Rules for Personnel Administr ation during the term of this MOU. This does not prevent the parties from mutually agreeing to meet and confer over proposed changes to the Rules during the term of this MOU.

ARTICLE XXXIV - CONCERTED ACTIVITIES

34.1 Represented employees agree that they shall not strike, withhold services, engage in “slowdowns” or “sick ins” or participate in any other form of concerted activity

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23 which is intended to or which does adversely affect job performance or rendering of City services.

ARTICLE XXXV - EMPLOYEE REPRESENTATION

35.1 This Memorandum of Understanding (hereinafter referred to as "MOU") is entered into between representatives of the City of Lodi (hereinafter referred to as "City") and representatives of the Lodi Professional Firefighters (hereinafter referred to as "LPF").

The parties to this MOU acknowledge and agree that this MOU constitutes the result of meeting and conferring in good faith as contemplated by Section 3500 et seq. of the Government Code of the State of California, and further acknowledge and agree that all matters upon which the parties reached agreement are set forth in this MOU.

The terms and conditions of this MOU are applicable to those employees in those positions represented by the LPF of the City of Lodi, i.e., Firefighter I, Firefighter II, Fire Engineer, and Fire Captain. It is mutually agreed that wages, hours, and other terms and conditions of employment of such employees shall be as hereinafter set forth. Except as specifically stated in this Memorandum, al l existing benefits currently being furnished to employees and all existing terms and conditions of employment are to continue in effect unless and until the parties meet and confer regarding a change in such existing benefits, terms or conditions of employment.

The terms and conditions of this MOU shall continue in effect during the term of this MOU.

35.2 The City and the LPF mutually agree that the City shall grant dues deduction to City employees who are members of the LPF in accordance with the terms and conditions set forth in Section 4, Rule 2 of City of Lodi Resolution No. 3344 entitled "Adopting Rules and Regulations to Implement Provisions of the Employee -Employer Relations Resolution." The LPF shall indemnify, defend and hold the City of Lodi harmless against any claims made and against any suit instituted against the City of Lodi on account of check -off of said employee organization's dues. In addition, the LPF shall refund to the City of Lodi any amounts paid to it in error upon presentation of supporting evidence.

Changes in the LPF membership dues rate shall be certified to the City, in writing, over the signature of the LPF President. The change shall be implemented as soon as practicable, but in no event later than thirty (30) days after the notification.

35.3 LPF shall maintain exclusive representation rights during the term of this MOU.

Every employee covered by this MOU who is a member of LPF twenty (20) days after the signing of this MOU shall maintain his or her membership in good standing in accordance with the Constitution and Bylaws of the LPF during the term of this MOU.

35.4 No employee covered by this Memorandum of Understanding shall be discriminated against by the City or by the Union with respect to any job benefits or other conditions of employment accruing from this agreement because of union

MOU – CITY OF LODI AND LPF 20230 - 20252
24 membership, non-membership in the union, race, color, sex, creed, national origin, marital status, disability or political affiliation. It is understood that violations of this section are not subject to arbitration.

35.5 The City shall make available a period of one hour to the LPF in each recruit class with an end toward education of each employee of the rights and benefits under the collective bargaining agreement, as well as other association benefits, and the responsibilities of the employee and the association.

35.6 The City and LPF agree and understand that if any section of this MOU in any way conflicts with the terms and conditions of employment stated in other authorities, such as personnel rules, administrative policy and procedure manual, city resolutions, or city ordinances, any ambiguity shall be resolved in favor of the MOU language. If the MOU is silent on an issue, the current applicable document (i.e. policy manual) is controlling.

35.7 Beginning January 1, 2014, and each January 1 thereafter, the Lodi Professional Firefighters Association will notify the City of the hours to be deducted from each member’s last pay check in February (not to exceed 10 hours annually) for the Union Leave Bank. The hours will be deducted from the employee’s holiday leave bank.

Requests to use another leave bank must be submitted to payroll two (2) weeks prior to the deduction date. If at any other point in the year a member chooses to donate additional hours to the Union Leave Bank, beyond the 10 hours, they will be allowed to do so on written notice to LPF and the Finance Division. Union Leave Bank hours may not exceed more than 600 hours on a yearly basis. The President of the Lodi Professional Firefighters shall designate members that can use the hours. Hours may be donated from member’s vacation leave, holiday leave or compensatory time off. The Union Leave Bank shall be charged an equivalent amount of time required to cover the absence of the member utilizing the LPF bank , including any overtime required to cover the shift.

ARTICLE XXXVI - GRIEVANCE PROCEDURE

36.1 This grievance procedure shall be used to process and resolve disputes regarding the interpretation or application of any of the terms and conditions of this MOU, letters of understanding, and formal interpretations and clarifications executed by the LPF and the City.

The intent of this procedure is to resolve grievances informally at the lowest possible level and to provide an orderly procedure for reviewing and resolving grievances promptly.

The term "day" means a working day i.e. Monday through Friday excluding fixed City Hall closures.

A grievance is a good faith complaint of one or a group of employees or a dispute between the City and the LPF involving the interpretation, application, or enforcement of the express terms of this MOU and other express written terms and conditions of employment or clear past practices.

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25 As used in this procedure, the term "party" means an employee, the LPF, the City or the authorized representatives of any party. The employee is entitled to representation through all the steps in this procedure.

Matters of discipline are to be handled exclusively in accordance with the provisions of section 34.4.

36.2 INFORMAL PROCEDURE
The informal procedure must be used as an initial step in all grievances. An employee or their representative having a grievance arising from employment in the municipal service shall seek adjustment of the grievance initially through verbal contact with their immediate supervisor within twenty (20) working days of the date of the action being grieved, or the date the grieving party became aware of the incident which is the basis of the grievance. The employee or his/her representative shall state the nature of the grievance and any pertinent information required for the supervisor to sufficiently investigate the incident and resolve the grievance. Should the immediate supervisor be unable to make a satisfactory adjustment, the employee or their representative may seek adjustment through verbal contact to the next higher level of supervision up to and including the Fire Chief. The time allowed be tween steps in this process is ten (10) working days. All verbal contacts shall be documented as to the date, time and place of the contact.

In matters involving disputes between two employees (including personality conflicts between and employee and his/ her supervisor), the two employees should meet in an attempt to resolve their differences. If they cannot resolve the issues between themselves, the complaint procedure outlined in the Lodi Fire Department Policy Manual shall be used as the Informal Grievance Procedure.

Should the employee progress through the above steps and find that the Fire Chief is unable to make a satisfactory adjustment within the time frame given, or is a party to the grievance, the employee or his representative may seek adjustme nt through the Formal Grievance Procedure.

36.3 FORMAL PROCEDURE
An employee who has not received satisfactory adjustment through the use of the Informal Grievance Procedure may, within ten (10) working days of the last time deadline of the Informal Procedure, file a Formal Grievance. Initiation of the formal grievance procedure requires that the grievance be submitted in writing. The steps of the Formal Grievance Procedure are as follows:

Step A. Class Action Grievances or a Lodi Fire Department Grievance Form is filed with the Fire Chief. If satisfactory adjustment is not attained the employee or his/her representative may proceed to Step B within ten (10) working days.

Step B. Class Action Grievances or A Lodi Fire Dep artment Grievance Form is filed with the City Manager. The City Manager or designee shall investigate the grievance and shall respond in writing within ten (10) working days. If

MOU – CITY OF LODI AND LPF 20230 - 20252
26 satisfactory adjustment is not attained the employee or his representative may proceed to Step C within ten (10) working days.

Step C If the grievance is not resolved by the City Manager or designee, arbitration shall be the final level of appeal for grievances and discipline. It is agreed by both parties that the decision of the arbitrator is binding and final on both parties and that if this procedure is utilized all other avenues of appeal are waived. If arbitration is chosen the City must be notified by the grievant or his/her representative within fifteen (15) working days following the City Manager’s decision.

Within ten (10) working days after the request for arbitration is received by the City or at a date mutually agreed to by the parties, the parties shall meet to select an impartial arbitrator. If no agreement is reached at this meeting, the parties shall immediately and jointly request the State Conciliation and Mediation Service to submit to them a panel of five (5) arbitrators from which the City and the LPF shall alternately strike names until one (1) name remains; this person shall be the arbitrator. If the State Conciliation and Mediation Service cannot provide a list of five (5) arbitrators, the same request shall be made of the American Arbitration Association.

To insure that the arbitration process is as brief and economical as possible, the following guidelines shall be adhered to:

1. An arbitrator may, upon mutual consent of the parties, issue a decision, opinion or award orally upon submission of the arbitration.

2. Both parties and the arbitrator may tape record the hearing.

3. There shall be no official transcript required; however, either party may utilize a court reporter at its own sole expense. The cost of a court reporter required by an arbitrator shall be shared equally by the parties.

4. The parties may agree to prepare a joint letter submitting the issue(s) in dispute. The letter shall present the matter on which arbitration is sought and shall outline the MOU provisions governing the arbitration. It may contain mutually agreed on stipulations of fact and it may be accompanied by any documents that the parties mutually agree shall be submitted to the arbitrator in advance of the hearing which may not necessarily be stipulations of fact. Further, if the parties mutually agree, the entire ma tter may be submitted to arbitration for review without a hearing. Absent agreement to prepare a joint letter, the parties may submit separate letters.

5. The strict rules of evidence are not applicable but shall be of a type or kind relied upon by prudent people in the conduct of serious business and the hearing shall be informal.

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27 6. The parties have the right to present and cross examine witnesses issue opening and closing statements, and file written closing briefs.

Testimony shall be under oath or affirmation.

7. The arbitrator may exclude testimony or evidence which he/she determines irrelevant or unduly repetitious.

8. The arbitrator may exclude witnesses and observers from the hearing at his or her discretion.

9. The arbitration hearing shall be held on the employer’s premises.

10. The cost of arbitration shall be borne equally by the parties. However, the cost, if any, of cancellation or postponement shall be the financial responsibility of the party requesting such delay unless mutually agreed by the parties.

The decision, opinion, or award shall be based on the record developed by the parties before and during the hearing, unless otherwise agreed to by the parties. The decision shall be in writing and shall contain the crucial reasons suppo rting the decision and award.

The arbitrator has no power to add to, subtract from, or modify the terms of the MOU or the written ordinances, resolutions, rules, regulations and procedures of the City, nor shall he/she impose any limitations or obligations not specifically provided for under the terms of the MOU. The arbitrator shall be without power or authority to make any decision that requires the City or management to do an act prohibited by law.

The arbitrator has no power to add to a disciplinary action.

The arbitrator’s decision shall be final, binding, and precedential and the arbitrator’s decision shall possess the authority to make an employee whole to the extent such remedy is not limited by law, including the authority to award back pay, reinstatement, and to issue an order to expunge the record of all references to a disciplinary action if appropriate.

If the City believes that the matter is not arbitrable and/or not grievable, the matter shall be bifurcated. The parties shall select an arbitrator to hear the issue of arbitrability only. In the event that the arbitrator determines the matter to be arbitrable, the parties shall select a second arbitrator to hear the merits of the case.

By filing a grievance and processing it beyond the City Manager the grievant expressly waives any right to statutory remedies for the same contract remedies that were available through arbitration or to the exercise of any legal process other than is provided by the

MOU – CITY OF LODI AND LPF 20230 - 20252
28 grievance/arbitration procedure for those contractual remedies under this contract. The process in a grievance beyond the City Manager shall constitute an express election on the part of the grievant that the arbitration procedure is the chosen forum for resolving the issues contained in the grievance, and that the grievant shall not resort to any other forum or procedure for resolution or review of the issues. The parties do not intend by the provisions of these paragraphs to preclude the enforcement of any arbitration award in any court of co mpetent jurisdiction.

Allegedly discriminatory acts by the city may be addressed through the judicial system, DFEH, EEOC, and/or the City’s internal complaint procedure system as provided by law. Allegedly discriminatory acts are not subject to this procedure.

36.4 GRIEVANCE INVOLVING A DISCIPLINARY ACTION
This section sets forth the exclusive means for grieving disciplinary actions in the form of a written reprimand, demotion, suspension or dismissal. In the event the employee wishes to challenge the City Manager’s final decision on such discipline, the employee shall appeal the decision to binding arbitration, commencing with Step C of Article 34.3 of this MOU. All other, lesser forms of discipline shall be reviewable by the Fire Chief without a further right of appeal.

ARTICLE XXXVII - LAYOFF PROCEDURE

37.1 It is mutually agreed by both parties that the layoff procedure, incorporated in the Policy and Procedure manual, dated May 1, 1995 is included in this MOU by reference and it is further agreed that both parties interpret it to mean that time served in a higher level shall be counted at a lower level for purposes of determining order of layoff.

ARTICLE XXXVIII - PHYSICAL FITNESS AND WELLNESS PROGRAM

INCENTIVE

38.1 It is agreed that the physical fitness program shall be continued and shall meet the following goals:

1. Provide a complete physical examination on an annual basis. These examinations to be performed by professional medical staff contracted for by the City.

2. Provide a fitness assessment which will evaluate each individual employee's fitness as compared to the YMCA normative scores which are defined as:

"a percentage based on fitness evaluations performed by the YMCA and are categorized according to age group and sex."

The fitness assessments shall be performed by professional assessors contracted for by the City.

MOU – CITY OF LODI AND LPF 20230 - 20252
29 3. Provide an individual program of exercise based on age, sex and present physical condition.

4. Provide attainable goals for each individual which would be measurable through the fitness assessment provided.

5. Provide for in-house exercise activities.

6. Provide an exercise program which shall improve cardiovascular conditioning, body fat composition, flexibility, grip strength, abdominal strength, low back strength, chest (arm) strength, back strength, quadriceps and hamstring strength.

It is further agreed that:

1. The program shall be mandatory for all employees in the bargaining unit.

2. The program shall be scheduled as a high priority item and work out times shall normally be available between 0800 and 1700 hours excluding lunch period and breaks. The City shall provide adequate equipment to carry out the intent of the program.

3. The equipment used for this program is not to be used by anyone other than City of Lodi Fire personnel.

4. Confidentiality of records shall be maintained for the protection of the employees.

38.2 Employees in the bargaining unit will be eligible for a Physical Fitness and Wellness Program Incentive of $50.00 per month, paid in the employee’s regular payroll check on a bi -weekly basis, upon successfully passing an annual physical ability examination. The examination will be proctored by Human Resources. The LPF and City will collaborate on the components of the physical ability exam in order to be equivalent to the entry-level Candidate Physical Ability Test (CPAT) examination.

Employees must successfully pass each ability component within the prescribed time period to be eligible for the incentive. Employees who fail the initial examination will be allowed to re -test one time within 30 days of failing the examination. If the employee fails the re -test, the employee will not be eligible to re -test until the next scheduled annual examination.

Employees who are on vacation, injury leave, or modified duty and are not able to participate in the annual physical ability examination, w ill be given the opportunity to take the examination within 30 days of returning to full duty.

The first examination will be conducted in October/November 2024. The examination will be conducted annually thereafter, except for re -testing as stated above. Employees who successfully pass the physical ability examination will

MOU – CITY OF LODI AND LPF 20230 - 20252
30 receive the Wellness Program Incentive, effective the first of the pay period following successful completion of the examination.

Employees who fail the annual testing will lose the incentive until they successfully pass the physical ability examination.

An employee’s participation in the Wellness Program Incentive is completely voluntary/ optional and shall not be punitive.

ARTICLE XXXIX - PROBATION

39.1 During probationary period , twelve (12) months, the new hire or promotional employee shall be entitled to sick leave benefits. Upon completion of probation, employees are eligible for merit increases.

39.2 Employees on initial probation may not utilize vacation accruals.

39.3 Probationary releases are appealable only to the extent required by law.

ARTICLE XL - SEVERABILITY

40.1 In the event that any provision of this MOU is found by a court of competent jurisdiction to be invalid, all other provisions shall be severable and shall continue in full force and effect.

ARTICLE XLI – MISCELLANEOUS

41.1 LPF and the City of Lodi will meet and confer on entry level minimum qualifications.

ARTICLE XLII – EMPLOYEE PERSONNEL FILES

42.1 Employees shall be provided a copy of all performance related memoranda (including performance evaluations) placed in their official personnel file which is retained in the Human Resources Department. Personnel files shall be kept in a secured location. Items that are to be removed shall be returned to the employee for disposition.

Affected employees shall be provided a copy of adverse comments placed in their personnel and/or administrative file. No employee shall have any adverse comments placed in his/her file without first reading and signing indicating awareness of such adverse comments and placement in their personnel and/or administrative file .

Should an employee refuse to sign, the adverse comments will nevertheless be placed in his/her file. An employee shall have thirty (30) days within which to file a written response to any adverse comments entered into his/her official personnel file. Such written response shall be attached to and shall accompany the adverse comments.

Upon written request of the employee, adverse comments in the personnel file shall be removed in accordance with the timelines prescribed below.

An employee shall be permitted at any time during regular office hours of the Human Resources Department to inspect his/her personnel file, provided notice is given to the Department which is sufficient to allow it up to three (3) of its working days to make the files available. He/she may also authorize, in writing, the Union

MOU – CITY OF LODI AND LPF 20230 - 20252
31 representative to also inspect his/her personnel file provided the same advance notice is given. Such reviews shall be made in the Human Resources Department subject to the presence of a member of the Human Resources Department.

Any matters not in the official personnel file or referred to in the officia l personnel file shall not be used as the basis of discipline. Material in personnel files shall be regarded as confidential and disclosed only in accordance with provisions of this MOU and applicable law. Material contained in the employee’s administrative file and personnel file shall be removed and destroyed at the employee ’s request no earlier than five (5) years after the date of discipline, unless litigation relating to such materials is pending. In the case of pending litigation , the potentially relevant material shall be retained in the files until the matter has been fully and finally adjudicated or until at least five (5) years have passed since the materials was placed in the file, whichever occurs later.

All documented disciplinary actions shall be removed from the employee ’s official personnel file and the Fire Department’s administrative file at the employees request in accordance with the table below.

This Article shall always be in compliance with the Firefighters Procedural Bill of Rights Act (FBOR), as set forth in Government Code Sections 3255-3256, inclusive, and all other applicable provisions of California law. Any conflict between this Article and FBOR, wi ll be resolved in favor of the provisions of FBOR, as it may from time to time be amended. Civilian employees shall not be granted any additional rights under the Firefighters Procedural Bill of Right Act beyond those stated in this Article.

42.2 Document Retention
The following table reflects the time period each documented level of discipline shall be retained in the employee’s personnel file:

Level of Discipline Considered for Promotion and Utilized in Progressive Discipline
Letter of Discussion 2 Years from Date of Discipline
Oral Counseling 2 Years from Date of Discipline
Written Reprimand 2 Years from Date of Discipline
Pay Step Reduction 3 Years from Date of Discipline
Suspension Without Pay 3 Years from Date of Discipline Demotion 5 Years from Date of Discipline

The City shall not maintain any file that the employee does not have access to, nor shall any file be kept beyond the above timeframes except in instances where the material is subject to pending litigation as set forth in Section 42.1.

42.3 Should the City request to meet and confer over changes to this section, the LPF agrees to engage in discussions.

MOU – CITY OF LODI AND LPF 20230 - 20252
32 SCHEDULE A

LPF Monthly Salary Schedule

Effective January 13, 2020January 9, 2023

Effective Date BU Job Code Title Step 0 Step 1 Step 2 Step 3 Step 4 01/09/2023 F 6000 Firefighter I - 112 5,943.54$
01/09/2023 F 6001 Firefighter I - 80 5,943.54$
01/09/2023 F 6002 FireFighter II - 112 6,552.72$
01/09/2023 F 6003 FireFighter II - 80 6,552.72$ 6,880.35$ 7,224.35$ 7,585.58$ 7,964.84$ 01/09/2023 F 6020 Fire Engineer - 80 7,585.65$ 7,964.93$ 8,363.18$ 8,781.33$ 9,220.39$ 01/09/2023 F 6021 Fire Engineer - 112 7,585.65$ 7,964.93$ 8,363.18$ 8,781.33$ 9,220.39$ 01/09/2023 F 6040 Fire Captain - 112 8,781.33$ 9,220.39$ 9,681.41$ 10,165.46$ 10,673.76$ 01/09/2023 F 6041 Fire Captain - 80 8,781.33$ 9,220.39$ 9,681.41$ 10,165.46$ 10,673.76$ 01/09/2023 F 6042 Fire Captain - Acting 8,525.57$ 8,951.84$ 9,399.42$ 9,869.39$ 10,362.86$

MOU – CITY OF LODI AND LPF 20230 - 20252
33 CITY OF LODI

LODI PROFESSIONAL FIREFIGHTERS A MUNICIPAL CORPORATION

_________________________ _______________________________ Michael Gold Stephen Schwabauer
Fire Captain City Manager

Date:__________________ Date:___________________

_________________________ _______________________________ Ryan Wentz Andrew Keys
Fire Captain Deputy City Manager

Date: __________________ Date:___________________

_________________________ ______________________________ Adele Post
Fire Captain Human Resources Manager

Date:___________________ Date:____________________

APPROVED AS TO FORM:

________________________________
Janice D. Magdich, City Attorney

ATTEST:

________________________________
Olivia Nashed, City Clerk

RESOLUTION NO. 2022-____

A RESOLUTION OF THE LODI CITY COUNCIL APPROVING

THE MEMORANDUM OF UNDERSTANDING WITH

LODI PROFESSIONAL FIREFIGHTERS EFFECTIVE
JANUARY 1, 2023 THROUGH DECEMBER 31, 2025
============================================================================

WHEREAS, representatives from the City and Lodi Professional Firefighters (LPF) have bargained in good faith and reached a tentat ive agreement on a successor Memorandum of Understanding (MOU); and

WHEREAS, it is recommended that Council approve revisions to the MOU with LPF to include the following:

• The term of the MOU shall be from January 1, 2023 through December 31, 2025. • Fifteen percent (15%) wage adjustment over the term of the contract as follows:
o Six percent (6%) effective January 9, 2023;
o Five percent (5%) effective January, 8, 2024; and
o Four percent (4%) effective January 6, 2025.
• Increase to the City’s contribution towards medical premiums and remain over the term of the contract:
o $ 2,005.52 per month for family coverage;
o $ 1,542.71 per month for employee plus one dependent coverage; and o $ 771.35 per month for employee only coverage.
• Increase to the annual maximum dental benefit from $1,000 to $1,250, and the addition of orthodontia benefits for the employees and eligible dependents with a lifetime maximum benefit of $1,250.
• Increase the holiday leave bank in recognition of the Juneteenth holiday (12 hours for shift employees and 8 hours for non-shift employees).
• Eliminate the uniform allowance January 8, 2024.
• Add a phy sical fitness and wellness incentive program incentive to be implemented in January 2025.

NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve the attached Memorandum of Understanding (Exhibit A) between the City of Lodi and LPF, effective January 1, 2023 through December 31, 2025.

Date: September 21, 2022
================================================================== I hereby certi fy that Resolution No. 2022-____ was passed and adopted by the Lodi City Council in a regular meeting held September 21, 2022, by the following vote:

AYES: COUNCIL MEMBERS –

NOES: COUNCIL MEMBERS –

ABSENT: COUNCIL MEMBERS –

ABSTAIN: COUNCIL MEMBERS –

OLIVIA NASHED
City Clerk

2022-____

MEMORANDUM OF UNDERSTANDING

CITY OF LODI
AND

LODI PROFESSIONAL FIREFIGHTERS
January 1, 20232020 – December 31, 20252022
Exhibit A