Revised 10/2021 9/30/2022 1:38 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) Pending Litigation: Government Code §54956.9(a). One Case. City of Lodi v. Shell Oil Company, et al., San Joaquin County Superior Court, Case No. STK-CV-UETT-2020-9894; Judicial Council Coordination Proceeding 4435 – TCP Cases, San Bernardino County Superior Court, Case No. JCPSS4435/SCVSS12067 (CA)
b) Conference with Adele Post, Human Resources Manager, and Andrew Keys, Deputy City Manager (Labor Negotiators), Regarding Lodi Professional Firefighters, Lodi Police Dispatchers Association, AFSCME General Services and Maintenance & Operators, Confidential General Services, 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 Cybersecurity Awareness Month Proclamation (ISD)
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: October 5, 2022
Time: Closed Session 6:30 p.m.
Regular Meeting 7:00 p.m.
CITY COUNCIL AGENDA
OCTOBER 5, 2022
PAGE TWO
B-2 Domestic Violence Awareness Month Proclamation (CLK)
B-3 Fire Prevention Week Proclamation (FD)
B-4 Public Power Week Proclamation (EU)
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 September 2, 2022 through September 15, 2022 in the Total Amount of $3,193,856.02 (FIN)
C-2 Approve Minutes (CLK)
a) August 3, 2022 (Regular Meeting)
b) August 9 and September 20, 2022 (Shirtsleeve Sessions)
Res. C-3 Adopt Resolution Accepting Public Improvements of Tienda Square Subdivision, Tract No. 4003 (PW)
Res. C-4 Adopt Resolution Authorizing City Manager to Execute Improvement Agreement for 620 South Central Avenue Public Improvements (PW)
Res. C-5 Adopt Resolution Authorizing City Manager to Execute a Five-Year Professional Services Agreement with Vertical Communications, Inc., of Phoenix, Arizona, to Manage and Support Phone Serv ices from 8x8 Inc., of San Jose (Not to Exceed $855,000) and Appropriating Funds ($171,000) (ISD)
Res. C-6 Adopt Resolution Authorizing City Manager to Execute Amendment No. 2 to Construction Services Agreement with Ranse Gale Construction for Additional Services Related to Development of Harmony Homes Project (Not to Exceed $15,000) (CD)
Res. C-7 Adopt Resolution Authorizing City Manager to Execute Amendment No. 2 to Professional Services Agreement with WMB Architects, of Stockton, for Tony Zupo Field Fire Restoration Project Design Services ($20,000) (PW)
Res. C-8 Adopt Resolution Authorizing City Manager to Execute Amendment No. 3 to Extend Measure K Renewal Cooperative Agreement with San Joaquin Council of Governments for GrapeLine Operations Revenue for Fiscal Year 2022/23 ($400,000) (PW)
Res. C-9 Adopt Resolution Authorizing City Mana ger to Execute Amendment No. 2 with Carollo Engineers, Inc., of Walnut Creek, for Solids Handling Facility Improvements Design and Engineering Services ($170,000) (PW)
Res. C-10 Adopt Resolution Authorizing City Manager to Execute Amendment No. 2 to Professional Services Agreement with Wilson Consulting, of San Clemente, for Lodi Electric Utility Organizational Gap Analysis and Preferred Work Methods Development Services ($75,000) (EU)
Res. C-11 Adopt Resolution Authorizing City Manager to Execute Confirmation No. 0269 Under Northern California Power Agency Support Services Program Agreement for After Hours Answering and Dispatch Services for Electric Utility and Public Works Departments for a Period of Three Years ($281,460) (EU/PW)
Res. C-12 Adopt Resolution Authorizing Lodi Police Department to Participate in Selectiv e Traffic Enforcement Program Grant Funded by Office of Traffic Safety; Authorizing City Manager to Execute Grant Documents on Behalf of the City of Lodi; and Appropriate Funds ($150,000) (PD)
CITY COUNCIL AGENDA
OCTOBER 5, 2022
PAGE THREE
Res. C- 13 Adopt Resolution Amending Lodi Electric Utility Electric Vehicle Strategy by Revising and Adding Customer Rebates and Incentives (EU)
Res. C- 14 Adopt Resolution Authorizing Appropriation of Funds to Substation Relay Modernization Capital Improvement Project for Fiscal Year 2023 ($200,000) (EU)
Res. C- 15 Adopt Resolution Appropriating Funds for Municipal Service Center Forklift ($40,000) (PW)
Res. C-16 Adopt Resolution Approving Year 2022 Amendments to Conflict of Interest Code Government Code Section 87306.5 (CA)
Res. C-17 Rescind Resolution 2022- 58 and Adopt Resolution Authorizing Issuance of Procurement Cards to Specified Positions (ISD)
C- 18 Appoint Magdalena Saldana and Megan Eddy to the Planning Commission; Clare Bhakta, Geneva Mello, and Hayley Johns to the Lodi Arts Commission; and Zoe S. Bertsch to the Greater Lodi Area Youth Commission; and Post for One Vacancy for a Greater Lodi Area Youth Commission Adult Advisor (CLK)
C- 19 Set Public Hearing for October 19, 2022 to Consider Ordinance Amending Lodi Municipal Code Title 17 – Development Code – to Implement Senate Bill 9 Pertaining to “Urban Lot Splits” and “Two Unit Urban Residential Development” in Residential Low-Density Zoning District (CD)
D. Comments by the Public on Non-Agenda Items
THE TIME ALLOWED PER NON -AGENDA ITEM FOR COMMENTS MADE BY THE PUBLIC IS LIMITED TO FIVE MINUTES.
Public comment may only be made on matters within the Lodi City Council's jurisdiction (Government Code Section 54954.3, Lodi City Council Protocol Manual Section 6.3l) . The Council cannot take action or deliberate on items that are not on this agenda unless there is an emergency and the need to take action on that emergency arose after this agenda was posted (Government Code Section 54954.2(b)(2)). All other items may only be referred for review to staff or placement on a future Council agenda.
If you wish to address the Council, please refer to the Notice at the beginning of this agenda. Individuals are limited to one appearance during this section of the Agenda.
E. Comments by the City Council Members on Non-Agenda Items
F. Comments by the City Manager on Non-Agenda Items
G. Public Hearings – None
H. Regular Calendar
H-1 Authorize Early Recruitment of Management Analyst Position for Public Works Solid Waste Support (PW)
Res. H-2 Adopt Resolution Accepting Hutchins Street Square Foundation Donation of Light Board for Charlene Powers Lange Performing Arts Theatre and Two Pool Heaters for Hutchins Street Square Indoor Pool and Present Hutchins Street Square Foundation with Proclamation for Their Continuous Financial Report Through Their Generous Financial and Materials Donations in 2021 and 2022 ($80,592.55) (PRCS)
Res. H-3 Adopt Resolution Authorizing City Manager to Enter into All Agreements Necessary to Locate, Develop, Construct, and Operate a 20-48 MW State of California Funded Natural Gas Power Plant in the City of Lodi (CM)
I. Ordinances – None
CITY COUNCIL AGENDA
OCTOBER 5, 2022
PAGE FOUR
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 least 72 hours prior to the meeting date. Language interpreter requests must be received at least 72 hours in advance of the meeting to help ensure availability. Contact Olivia Nashed at (209) 333- 6702. Solicitudes de interpretación de idiomas deben ser recibidas por lo menos con 72 horas de anticipación a la reunión para ayudar a asegurar la disponibilidad. Llame a Olivia Nashed (209) 333-6702.
Meetings of the Lodi City Council are telecast on SJTV, Channel 26. The City of Lodi provides live and archived webcasts of regular City Council meetings. The webcasts can be found on the City's website at www.lodi.gov by clicking the meeting webcasts link.
Members of the public may view and listen to the open session of this teleconference meeting at www.facebook.com/CityofLodi/ or https://us06web.zoom.us/j/82522868353?pwd=cFh1S2VWUmZHR0pCbmZyTitHZ05kQT09.
AGENDA ITEM B-01
COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Cybersecurity Awareness Month Proclamation M
EETING DATE: October 5, 2022
P
REPARED BY: Information Technology Manager
RE
COMMENDED ACTION: Mayor Chandler will present a proclamation proclaiming October as “Cybersecurity Month” in the City of Lodi.
B
ACKGROUND INFORMATION: Cybersecurity Awareness Month, previously known as National Cybersecurity Awareness Month, continues to raise awareness about the importance of cybersecurity across our nation, ensuring that all Americans have the resources they need to be safer and more secure online. Cybersecurity Awareness Month was started 18 years ago by the National Cyber Security Alliance and the U.S. Department of Homeland Security as a broad effort to help all Americans stay safer and more secure online.
F
ISCAL IMPACT: Not applicable.
F
UNDING AVAILABLE: Not applicable.
________________________________________
B enjamin Buecher
Information Technology Manager
AGENDA ITEM B-02
COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Domestic Violence Awareness Month Proclamation M
EETING DATE: October 5, 2022
P
REPARED BY: City Clerk
RE
COMMENDED ACTION: Mayor Chandler will present a proclamation proclaiming the month of October 2022 as "Domestic Violence Awareness Month" in the City of Lodi.
B
ACKGROUND INFORMATION: The Mayor has been requested to present a proclamation proclaiming the month of October 2022 as “Domestic Violence Awareness Month” in the City of Lodi. Elizabeth Sanchez, Community Engagement and Education Program Manager with the Women’s Center-Youth & Family Services, will be at the meeting to accept the proclamation.
F
ISCAL IMPACT: Not applicable.
F
UNDING AVAILABLE: Not applicable.
_______________________________________
Olivia Nashed
City Clerk
APPROVED: __________________________________
Stephen Schwabauer, City Manager
CITY OF LODI
COUNCIL COMMUNICATION
TM
AGE
NDA TITLE: Fire Prevention Week Proclamation
MEETING DATE: October 5, 2022
PREPARED BY: Fire Chief
REC
OMMENDED ACTION: Mayor Chandler to present a proclamation proclaiming the week of October 9-15, 2022 as “Fire Prevention Week” in the City of Lodi.
BACKGROUND INFORMATION: The Mayor has been requested to present a proclamation proclaiming the week of October 9-15, 2022 as “Fire Prevention Week” in the City of Lodi. “Fire Won’t Wait. Plan Your Escape.” is the official theme for this year’s Fire Prevention Week campaign.
FISCAL IMPACT: Not
applicable.
FUNDING AVAILABLE: Not applicable.
__________________________________
Ken Johnson, Fire Chief
AGENDA ITEM B-03
AGENDA ITEM B-04
COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Presentation of Proclamation Proclaiming the Week of October 16-22, 2022 as “Public Power Week” in Lodi
M
EETING DATE: October 5, 2022
P
REPARED BY: Electric Utility Director
RE
COMMENDED ACTION: Presentation of proclamation proclaiming the week of October 16-22, 2022, as “Public Power Week” in Lodi.
BACKGROUND INFORMATION: Public Power Week is an annual national observance coordinated by the American Public Power Association – the voice of not-for-profit, community- owned utilities that power thousands of towns and cities nationwide.
Lodi Electric Utility (LEU) is celebrating Public Power Week, October 16-22, 2022, along with more than 2,000 other community-owned, not-for-profit electric utilities that collectively provide electricity to 49 million Americans.
This year, we are focusing on educating the next generation of public power customers and telling the young members of our community about the benefits of being community-powered. We are also helping them to learn more about how to save energy and stay safe around power. We are proud to provide reliable, affordable and sustainable power to Lodi. We hope that young people in our community and their families acknowledge this vital service and maybe even look to the utility as a good place to work down the road.
Since 1910, LEU has continued its commitment to the needs of the community; providing courteous, professional service for safe, reliable, and competitively-priced power.
For more than 20 years, LEU staff has opened its doors and hosted an open house to educate elementary aged students by showing them demonstrations from electric line crews in addition to teaching them about electric safety practices. After two years of hiatus due to the pandemic, LEU staff is happy to announce the resurgence of LEU’s annual open house. On October 19, 2022, LEU staff will be hosting its annual open house to 400 elementary school students. Normally LEU hosts over 800 students, however being committed to safety, LEU has curtailed their invitations to a smaller group of students this year.
Senior Administrative Clerk, Justine Delgado will be accepting the proclamation on behalf of LEU from Mayor Chandler
FISCAL IMPACT: Not applicable
F
UNDING AVAILABLE: Not applicable
______________________________________
Jeff Berkheimer
Electric Utility Director
AGENDA ITEM C-01
COUNCIL COMMUNICATION
APPROVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Receive Register of Claims for September 2, 2022 through September 15, 2022 in the Total Amount of $3,193,856.02
MEETING DATE: October 5, 2022
PREPARED BY: Internal Services Director
RECOMMENDED ACTION: Receive the attached Register of Claims for $3,193,856.02.
BACKGROUND INFORMATION: Attached is the Register of Claims in the amount of $3,193,856.02 for September 2, 2022 through September 15, 2022. Also attached is Payroll in the amount of $1,945,943.71 through September 4, 2022.
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 $1,521,594.00
103 Measure L $311.27
120 Library Fund $7,485.16
140 Expendable Trust $22,846.00
200 Parks Rec & Cultural Services $28,152.99
214 LPD-OTS Grants $86.95
270 Comm Dev Special Rev Fund $20,182.12
301 Gas Tax-2105 2106 2107 $3,361.20
306 RTIF County/COG $226,476.56
355 GRANTS COMM. IMPR $17,595.46
434 Arts in Public Places-IMF $150.00
437 IMF Parks & Rec Facilities $9,866.81
500 Electric Utility Fund $130,963.17
501 Utility Outlay Reserve Fund $136,176.62
504 Public Benefits Fund $18,432.60
508 Environmental Compliance $550.00
530 Waste Water Utility Fund $30,451.88
560 Water Utility Fund $70,734.90
565 PCE/TCE Rate Abatement Fund $13,688.50
590 Central Plume $1,300.00
591 Southern Plume $2,970.00
600 Dial-a-Ride/Transportation $191,541.16
643 Vehicle replacement PD $36,591.84
650 Internal Service/Equip Maint $54,321.68
655 Employee Benefits $648,025.15
Total $3,193,856.02
AP Council Report Summary
9/2/2022-9/15/2022
City of Lodi Live v2020.3 9/19/2022 7:22:01 AM
Fund Description Amount
911,162.82
242,869.13
21,336.33
134,152.42
46.00 14,052.89
42,057.76
55,283.23
252,762.42
47,852.38
160,811.89
29,395.58
8,749.26
17,985.05
7,426.55
Report Total 1,945,943.71
655 Employee Benefits
560 Water Utility Fund
600 Dial-a-Ride/Transportation
650 Internal Service/Equip Maint
500 Electric Utility Fund
501 Utility Outlay Reserve Fund
530 Waste Water Utility Fund
214 LPD-OTS Grants
270 Comm Dev Special Rev Fund
301 Gas Tax-2105 2106 2107
120 Library Fund
200 Parks Rec & Cultural Services
206 Misc Grants
Council Report: Payroll
Pay Period: 9/4/2022
100 General Fund
103 Measure L
City of Lodi Live v2020.3 9/19/2022 7:26:06 AM
AGENDA ITEM C-02
COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Approve Minutes
a) August 3, 2022 (Regular Meeting)
b) August 9, 2022 (Shirtsleeve Session)
c) September 20, 2022 (Shirtsleeve Session)
M
EETING DATE: October 5, 2022
P
REPARED BY: City Clerk
RE
COMMENDED ACTION: Approve the following minutes as prepared:
a) August 3, 2022 (Regular Meeting)
b) August 9, 2022 (Shirtsleeve Session)
c) September 20, 2022 (Shirtsleeve Session)
B
ACKGROUND INFORMATION: Attached is a copy of the subject minutes marked Exhibit A through C, respectively.
FISCAL IMPACT: Not applicable.
FUNDING AVAILABLE: Not applicable.
_______________________________
Olivia Nashed
City Clerk
Attachments
LODI CITY COUNCIL
REGULAR CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, AUGUST 3, 2022
The City Council Closed Session meeting of August 3, 2022, was called to order by Mayor Chandler at 6:32 p.m.
Present: Council Member Kuehne, Council Member Nakanishi, Mayor Pro Tempore Hothi, and Mayor Chandler
Absent: Council Member Khan
Also Present: City Manager Schwabauer, City Attorney Magdich, and City Clerk Nashed At 6:32 p.m., Mayor Chandler adjourned the meeting to a Closed Session to discuss the above matters. The Closed Session adjourned at 6:58 p.m.
Councilmember Khan joined the meeting at 6:41 p.m.
At 7:00 p.m., Mayor Chandler reconvened the City Council meeting, and City Attorney Magdich disclosed the following actions.
In regard to Item C-2a), was discussion only with no further reportable action.
In regard to Item C-2b), was discussion and direction with no further reportable action.
The Regular City Council meeting of August 3, 2022, was called to order by Mayor Chandler at 7:03 p.m.
Present: Council Member Khan, Council Member Kuehne, Council Member Nakanishi, Mayor Pro Tempore Hothi, and Mayor Chandler
Absent: None
Also Present: City Manager Schwabauer, City Attorney Magdich, and City Clerk Nashed C-1 Call to Order / Roll Call
C-2 Announcement of Closed Session
a) Conference with Adele Post, Human Resources Manager, and Andrew Keys, Deputy City Manager (Labor Negotiators), Regarding Lodi City Mid-Management Association, AFSCME General Services and Maintenance & Operators, Lodi Professional Firefighters, Confidential General Services, Confidential Mid-Managers, Executive Managers, and Appointed Employees Pursuant to Government Code §54957.6 (CM) b) Actual Litigation: Government Code Section 54956.9; One Application; Joseph Hughes v.
City of Lodi, Workers’ Compensation, WCAB Case #ADJ14332964 (11/29/20) (CA) C-3 Adjourn to Closed Session
C-4 Return to Open Session / Disclosure of Actio n
A. Call to Order / Roll Call
B. Presentations
1 Exhibit A
Lodi Sister City President Bill Hinkle presented a gift received from Kofu, Japan, in recognition of the 60th anniversary of Lodi and Kofu's Sister City relationship.
Council Member Khan made a motion, second by Council Member Kuehne, to approve the following items hereinafter set forth, in accordance with the report and recommendation of the City Manager.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Khan, Council Member Kuehne, Council Member Nakanishi, Mayor Pro Tempore Hothi, and Mayor Chandler
Noes: None
Absent: None
Claims were approved in the amount of $1,834,645.54.
The minutes of July 19, 2022 (Shirtsleeve Session), July 20, 2022 (Regular Meeting), and July 26, 2022 (Shirtsleeve Session) were approved as written.
Adopted Resolution No. 2022-187 authorizing the purchase of ammunition from San Diego Equipment Company, Inc., of San Diego, for use by the Police Department, in the amount of $61,430.
Adopted Resolution No. 2022-188 authorizing the purchase of two motorcycles from Long Beach BMW Motorcycles, of Long Beach, and appropriating funds in the amount of $82,660.
Adopted Resolution No. 2022-189 authorizing the City Manager to waive the bid process and purchase two single worker bucket trucks and one single worker bucket truck with material handler boom, from Terex Utilities, Inc., of Stockton, in the amount of $675,000.
B-1 Kofu Gift Presentation by Lo di Sister City Committee (CLK) C. Consent Calendar (Reading; Comments by the Public; Council Action) All matters listed on the consent calendar are considered to be routine and will be acted upon by one motion.
There will be no separate discussion of these items. If a member of the public would like a consent calendar item pulled and discussed separately, refer to the Notice at the beginning of this agenda.
C-1 Receive Register of Claims for July 1, 2022 through July 14, 2022 in the Total Amount of $1,834,645.54 (FIN)
C-2 Approve Minutes (CLK)
C-3 Adopt Resolution Authorizing Purchase of Ammunition from San Diego Equipment Company, Inc., of San Diego, for Use by Police Department ($61,430) (PD) C-4 Adopt Resolution Authorizing Purchase of Two Motorcycles from Long Beach BMW Motorcycles, of Long Beach, and Appropriating Funds ($82,660) (PD) C-5 Adopt Resolution Authorizing City Manager to Waive Bid Process and Purchase Two Single Worker Bucket Trucks and One Single Worker Bucket Truck with Material Handler Boom, from Terex Utilities, Inc., of Stockton ($675,000) (EU) 2 Adopted Resolution No. 2022-190 awarding the contract for the Wastewater Main Rehabilitation Program (Project No. 9) to Insituform Technologies, LLC, of Chesterfield, Missouri, in the amount of $1,656,535; authorizing the City Manager to execute change orders in an amount not to exceed $343,465; and authorizing the City Manager to execute related documents.
Adopted Resolution No. 2022-191 authorizing the City Manager to execute Amendment No. 3 to Task Order No. 49 with West Yost & Associates, Inc., of Davis, for Fiscal Year 2022/23 and Fiscal Year 2023/24 regulatory engineering services at White Slough Water Pollution Control Facility, in the amount of $413,100.
Adopted Resolution No. 2022-192 accepting the project under the contract for Grape Bowl Turf Replacement Project.
Adopted Resolution No. 2022-193 approving the contract with Lodi Unified School District to provide after school staff support for After School Program at four sites during School Year 2022/2023, in the amount of $388,800.
Adopted Resolution No. 2022-194 approving the contract with Lodi Unified School District to provide after school staff support for Bridge Program at six locations during School Year 2022/2023, in the amount of $346,583.
This item was pulled at the request of Mayor Pro Tempore Hothi.
Discussion ensued between Mayor Pro Tempore Hothi and Community Development Director John Della Monica regarding actions taken by the City to address concerns expressed by residents on Merton Way.
Mayor Pro Tempore Hothi made a motion, second by Council Member Kuehne, to adopt C-6 Adopt Resolution Awarding Contract for Wastewater Main Rehabilitation Program (Project No. 9) to Insituform Technologies, LLC, of Chesterfield, Missouri ($1,656,535); Authorizing City Manager to Execute Change Orders ($343,465); and Authorizing City Manager to Execute Related Documents (PW)
C-7 Adopt Resolution Authorizing City Manager to Execute Amendment No. 3 to Task Order No. 49 with West Yost & Associates, Inc., of Davis, for Fiscal Year 2022/23 and Fiscal Year 2023/24 Regulatory Engineering Services at White Slough Water Pollution Control Facility ($413,100) (PW)
C-8 Adopt Resolution Accepting Project Under Contract for Grape Bowl Turf Replacement Project (PRCS)
C-9 Adopt Resolution Approving Contract with Lodi Unified School District to Provide After School Staff Support for After School Program at Four Sites During School Year 2022/2023 ($388,800) (PRCS)
C-10 Adopt Resolution Approving Contract with Lodi Unified School District to Provide After School Staff Support for Bridge Program at Six Locations During School Year 2022/2023 ($346,583) (PRCS)
C-11 Adopt Resolution Approving Final Map and Authorizing City Manager to Execute Improvement Agreement for Lumina Subdivision, Unit No. 1, Tract No. 4121 (PW) 3 Resolution No. 2022-195 approving the Final Map and authorizing the City Manager to execute an Improvement Agreement for Lumina Subdivision, Unit No. 1, Tract No. 4121.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Khan, Council Member Kuehne, Council Member Nakanishi, Mayor Pro Tempore Hothi, and Mayor Chandler
Noes: None
Absent: None
Adopted Resolution No. 2022-196 accepting and appropriating Homeless Housing, Assistance, and Prevention (HHAP) Round 2 grant, in the amount of $414,042; and authorizing the City Manager to execute the 2021 HHAP Program - Round 2 Subrecipient Agreement.
Adopted Resolution No. 2022-197 authorizing the Year Two implementation of the Shade Tree Pilot Program by Tree Lodi, in the amount of $71,500.
Adopted Resolution No. 2022-198 approving the City of Lodi pay schedule dated August 3, 2022.
Adopted Resolution No. 2022-199 authorizing an increase to the Customer Assistance and Relief Energy (CARE) Program maximum emergency assistance benefit payment from $110 to $150.
Directed the City Clerk to post for the following vacancies:
Planning Commission
Julieann Martin - Term to expire June 30, 2023
Lodi Arts Commission
Julieann Martin - Term to expire July 1, 2024
Alex Aliferis provided public comment regarding the monkey pox.
Roy Binder provided public comment regarding scooters in the City of Lodi.
C-12 Adopt Resolution Accepting and Appropriating Homeless Housing, Assistance, and Prevention (HHAP) Round 2 Grant ($414,042) and Authorizing City Manager to Execute 2021 HHAP Program - Round 2 Subrecipient Agreement (CD) C-13 Adopt Resolution Authorizing Year Two Implementation of Shade Tree Pilot Program by Tree Lodi ($71,500) (EU)
C-14 Adopt Resolution Approving City of Lodi Pay Schedule Dated August 3, 2022 (ISD) C-15 Adopt Resolution Authorizing Increase to Customer Assistance and Relief Energy (CARE) Program Maximum Emergency Assistance Benefit Payment from $110 to $150 (EU) C-16 Post for Vacancies on Planning Commission and Lodi Arts Commission (CLK) D. Comments by the Public on No n-Agenda Items THE TIME ALLOWED PER NON-
AGENDA ITEM FOR COMMENTS MADE BY THE PUBLIC IS LIMITED TO FIVE MINUTES.
E. Comments by the City Council Members on Non-Agenda Items 4 Council Member Kuehne stated that he attended National Night Out event, stated that the Homeless Shelter is now open, and thanked the Homeless Committee, Community Development Director Della Monica, and staff for their efforts.
Council Member Khan thanked the Police Department and Fire Department and residents for hosting and organizing National Night Out and stated that it was a positive experience.
Council Member Nakanishi stated that there are more residents involved in the National Night Out event and thanked the Police Department and Fire Department, stating that it was a successful event and he was looking forward to next year's event.
Mayor Chandler provided information regarding the Access Center and stated that he attended the graduation for Lodi Library Youth Fellowship Program.
None.
Deputy City Manager Andrew Keys provided a PowerPoint presentation regarding current utility delinquencies and possible return to service suspension for non-payment. Specific topics of discussion included history, typical billing timeline, current delinquencies vs. pre-pandemic delinquencies, 2022 State relief program, ineligible large balance accounts, eligible large balance accounts, options for future collections, consequences for taking no action, and recommendation.
Lisa Craig provided public comment on the item.
Council discussion ensued with City Manager Schwabauer, Deputy City Manager Keys, and Revenue Manager Tarra Sumner regarding the amounts of unpaid balances, staffing demands to implement process for shut-offs, extended hours of Finance Department to accommodate influx of customers, number of commercial and residential accounts.
Council Member Kuehne made a motion, second by Council Member Nakanishi, to approve Option 1 of returning to pre-Covid collections practices and accept State funding for calendar year 2021 residential utility delinquencies with a modified payment plan of a six-month payment plan and allowing the Internal Services Director to extend the payment plan for another six months even if the delinquent party fails to complete the first payment plan.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Khan, Council Member Kuehne, Council Member Nakanishi, Mayor Pro Tempore Hothi, and Mayor Chandler
Noes: None
Absent: None
F
. Comments by the City Manager on Non-Agenda Items
G. Public Hearings – None
H. Regular Calendar
H-1 Receive Presentation on Curr ent Utility Delinquencies and Provide Direction to Staff on Returning to Utility Service Suspension for Non Payment to Address Delinquent Bills (ISD) H-2 Provide Direction to Staff on Whether to Present a Plan for Council Consideration to 5 City Manager Schwabauer and Director of Public Works Charlie Swimley provided a brief report on no-parking times for street sweeping days. Specific topics of discussion included resources where residents can find information on street sweeping days, bill inserts on street sweeping, and a six week campaign to post new street sweeping information on social media.
Council discussion ensued with City Manager Schwabauer regarding abandoned vehicles not moved on street sweeping days, the abandoned vehicles program, additional ways for community outreach, and the challenges of developing a street sweeping program.
Alex Aliferis provided public comment regarding the item and provided a supplemental document (filed).
Council Member Kuehne made a motion, second by Mayor Pro Tempore Hothi, to present a plan for Council consideration to implement no-parking times for street sweeping days.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Khan, Council Member Kuehne, Mayor Pro Tempore Hothi, and Mayor Chandler
Noes: Council Member Nakanishi
Absent: None
City Manager Schwabauer and Deputy City Manager Keys provided a brief report regarding Council salaries. Specific topics of discussion included timeline requirement of Council action regarding Council salaries, policies that govern Council salaries, the year Council salaries was last modified, and additional benefit packages received from the City.
Council Member Kuehne expressed he was in favor of this item.
In response to Mayor Chandler's question, City Manager Schwabuaer provided an explanation of what a Blue Ribbon Panel was and what its role would be in the process, if Council wished to utilize it.
Mayor Pro Tempore Hothi read his statement into the record.
An unnamed resident provided public comment on the item.
Lisa Craig provided public comment on the item.
Council Member Khan made a motion, second by Council Member Kuehne, to bring forward an item to address Council salary.
VOTE
:
The above motion failed by the following vote:
Ayes: Council Member Khan, and Council Member Kuehne Noes: Council Member Nakanishi, Mayor Pro Tempore Hothi, and Mayor Chandler
Absent: None
Implement No-Parking Times for Street Sweeping Days (CM) H-3 Provide Direction to Staff on Whether to Br ing Forward an Item to Address Council Salary (CM)
6 City Manager Schwabauer provided a report regarding a proactive Community Improvement model. Specific topics of discussion included community concerns that can and are being addressed by the Lodi Police Department Partner program and current Community Improvement Division staffing.
Alex Aliferis provided public comment on the item.
Patty Meacham provided public comment on the item.
Mayor Pro Tempore Hothi made a motion, second by Council Member Khan, to present a plan for Council consideration of a proactive Community Improvement model.
VOTE
:
The above motion carried by the following vote:
Ayes: Council Member Khan, Council Member Kuehne, Council Member Nakanishi, Mayor Pro Tempore Hothi, and Mayor Chandler
Noes: None
Absent: None
There being no further business to come before the City Council, the meeting was adjourned at 8:57 p.m.
H-4 Provide Direction to Staff on Whether to Begin a Proactive Community Improvement Model (CM)
I. Ordinances – None
J. Adjournment
ATTEST:
Olivia Nashed
City Clerk
7 LODI CITY COUNCIL
SHIRTSLEEVE SESSION
CARNEGIE FORUM, 305 WEST PINE STREET
TUESDAY, AUGUST 9, 2022
An Informal Informational Meeting ("Shirtsleeve" Session) of the Lodi City Council was held Tuesday, August 9, 2022, commencing at 7:01 a.m.
Present: Council Member Khan, Council Member Kuehne, Council Member Nakanishi, and Mayor Chandler
Absent: Mayor Pro Tempore Hothi
Also Present: City Manager Schwabauer, City Attorney Magdich, and City Clerk Nashed Vanessa Barberis and Brad Cea, with Waste Management, provided a PowerPoint presentation regarding the Waste Management (WM) contract extension and Senate Bill (SB) 1383. Specific topics of discussion included current contract terms, continued and new City programs, proposed contract updates, SB 1383 organic services, education campaign, contamination monitoring and route audits, residential rate structure, multi-family tenant rates, survey results, and next steps.
Council discussion ensued with City Manager Schwabauer, Public Works Director Charlie Swimley, and Waste Management Representatives Barberis and Cea regarding the Consumer Price Index, the application of Senate Bill 1383 on multi-family dwellings and apartment structures, whether trash bags advertised as compostable are compostable or not, the advantages and disadvantages of Rate Structure Model #1 and Model #2, and the incorporation of a senior discount in both models.
Lisa Craig provided public comment on the item.
None.
No action was taken by the City Council. The meeting was adjourned at 8:09 a.m.
A. Call to Order / Roll Call
B. Topics
B-1 Receive Information on Senate Bill 1383 Implementation and Direction on Waste Management Contract Extension and Rate Structure (PW)
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:
Olivia Nashed
City Clerk
1 Exhibit B
LODI CITY COUNCIL
SHIRTSLEEVE SESSION
CARNEGIE FORUM, 305 WEST PINE STREET
TUESDAY, SEPTEMBER 20, 2022
The September 20, 2022, Informal Informational Meeting ("Shirtsleeve" Session) of the Lodi City Council was canceled.
ATTEST:
Olivia Nashed
City Clerk
1 Exhibit C
AGENDA ITEM C-03
COUNCIL COMMUNICATION
APPR
OVED: ___________________________________
Stephen Schwabauer, City Manager
\\cvcf
ilv02\pubwks$\WP\DEV_SERV\Developments\Residential\Tienda 2050 - TIENDA SQUARE\Improvement Agreement\CC_Tienda Square_accept.doc 9/15/2022 AGENDA TITLE: Adopt Resolution Accepting Public Improvements of the Tienda Square Subdivision, Tract No. 4003
MEETING DATE: October 5, 2022
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Adopt resolution accepting public improvements of the Tienda Square Subdivision, Tract No. 4003.
BACKGROUND INFORMATION: The Tienda Square Subdivision is a medium density residential development located near the southwest corner of the Mills Avenue and Tienda Drive intersection (previously a single-family dwelling residence), as shown on Exhibit A. The private subdivision consists of nine single-family, residential lots.
The improvement agreement for the project, approved by Council on November 1, 2021, requires the installation of the public water main and all frontage and utility improvements along Tienda Drive, which are part of or appurtenant to the project. All interior improvements, with the exception of the water main, are private and will be maintained by the Home Owners Association (HOA). The private interior improvements include, but are not limited to, the shared drive, shared walls/fences, private storm drain system, and private sewer system. The HOA will include the appropriate mechanisms to assess, collect, and enforce the HOA obligations.
The developer, known as Tienda Development, LLC, and their contractor have completed all public improvements in accordance with the approved improvement plans and City standards and has provided a two- year warranty security for the improvements.
Staff recommends accepting the public improvements of the Tienda Square Subdivision, Tract No. 4003.
FISCAL IMPACT: There will be an increase in long-term maintenance costs for public infrastructure and City services such as police, fire, and parks, and open space maintenance.
This cost will be partially offset by proceeds from the CFD.
FUNDING AVAILABLE: Not applicable.
_______________________________
Charles E. Swimley, Jr.
Public Works Director
Prepared by Karissa Kiriu, Associate Civil Engineer
CES/KTVK/cdb
Attachments
cc: City Attorney, Magdich Tienda Development, LLC
Deputy Public Works Director / City Engineer, Chang T. G. Phillips Engineering, Inc.
Associate Civil Engineer, Kiriu Wong Engineers, Inc.
Junior Engineer, Wiman Utilities Manager
Public Works Management Analyst
Salzburg Ln.
Vienna Dr.
M
illsbridge Pl.
M
ills Av.
Kettleman Ln / Hwy 12
Tienda Dr.
Exhibit A
Tienda Square Subdivision
Vicinity Map
Tienda Square
Subdivision
K:\WP\DEV_SERV\Developments\Residential\Tienda 2050 - TIENDA SQUARE\Improvement Agreement\References\CCExhibitA.mxd µ
0 140 28070
Feet
When Recorded Please Return to:
Lodi City Clerk
P.O. Box 3006
Lodi, CA 95241-1910
RESOLUTION NO. 2022-____
A RESOLUTION OF THE LODI CITY COUNCIL
ACCEPTING PUBLIC IMPROVEMENTS OF THE
TIENDA SQUARE SUBDIVISION, TRACT NO. 4003
========================================================================
WHEREAS, the Tienda Square Subdivision is a medium-density residential development located near the southwest corner of the Mills Avenue and Tienda Drive intersection; and
WHEREAS, the improvement agreement for the project, approved by Council on November 1, 2021, requires the installation of the public water main and all frontage and utility improvements along Tienda Drive, which are part of or appurtenant to the project; and
WHEREAS, all interior improvements, with the exception of the water main, are private and will be maintained by the Home Owners Association; and
WHEREAS, the developer, known as Tienda Development, LLC, and their contractor have completed all public improvements in accordance with the approved improvement plans and City standards and have provided a two-year warranty security for the improvements; and
WHEREAS, staff recommends accepting the public improvements of the Tienda Square Subdivision, Tract No. 4003.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby accept the public improvements of the Tienda Square Subdivision, Tract No. 4003; 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: October 5, 2022
======================================================================== I hereby certify that Resolution No. 202 2-____ was passed and adopted by the City Council of the City of Lodi in a regular meeting held October 5, 2022 by the following vote:
AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
OLIVIA NASHED
City Clerk
2022-______
AGENDA ITEM C-04
COUNCIL COMMUNICATION
APPROVED: ________________________________
Stephen Schwabauer, City Manager
\\cvcfilv02\pubwks$\WP\DEV_SERV\Developments\Residential\Central 620 S\Improvement Agreement\CC_620 S Central.docx 9/15/2022 AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Improvement Agreement for the 620 South Central Avenue Public Improvements
MEETING DATE: October 5, 2022
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute Improvement Agreement for the 620 South Central Avenue Public Improvements.
BACKGROUND INFORMATION: Sapphire Creek LLC (Developer) has submitted building permit application No. B2022-0805 to construct an apartment complex on the two properties located at 620 South Central Avenue, as shown on Exhibit A.
The public improvements being constructed as part of the apartment complex are referred to as the “620 South Central Avenue Public Improvements” and include the installation of a public sanitary sewer main in Central Avenue to provide sanitary sewer service to the apartment complex. They also include frontage improvements along the portion of Tokay Street fronting the apartment complex.
The apartment complex itself will be comprised of one 2-story apartment building totaling 12 high density residential dwelling units. Developer has requested to execute an improvement agreement to design and construct the public improvements to expedite construction of the on-site improvements. City staff has deemed this a reasonable request and included a condition in the Improvement Agreement requiring that all public improvements be completed prior to final acceptance of the Project.
Developer has furnished the City with public improvement plans, necessary agreements, guarantees, insurance certificates, and the required fees for the proposed project. Development Impact Fees will be collected as part of the building permit process, prior to issuing a certificate of occupancy.
Staff recommends authorizing City Manager to execute Improvement Agreement for the 620 South Central Avenue Public Improvements.
FISCAL IMPACT: Not applicable.
FUNDING AVAILABLE: Not applicable
________________________________________
C harles E. Swimley, Jr.
Public Works Director
Prepared by Karissa Kiriu, Associate Civil Engineer
CES/KTVK/cd
Attachments
c
c: City Attorney, Madgich Junior Engineer, Wiman
Deputy Public Works Director/City Engineer, Chang Sapphire Creek LLC Associate Civil Engineer, Kiriu Wong Engineers Inc.
Garfield St.
Central Av.
Cherokee Ln.
Tokay St.
Eden St.
µ
0 150 30075
Feet
Exhibit A
620 South Central Avenue
Vicinity Map
K:\WP\DEV_SERV\Developments\Residential\Central 620 S\Improvement Agreement\References\CC_ExhibitA.mxd Parcel 1
Parcel 2
RESOLUTION NO. 2022-__
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE
CITY MANAGER TO EXECUTE AN IMPROVEMENT AGREEMENT FOR THE 620 SOUTH CENTRAL AVENUE PUBLIC IMPROVEMENTS
========================================================================
WHEREAS, Sapphire Creek LLC (Developer) has submitted building permit application No. B2022- 0805 to construct an apartment complex on the two properties located at 620 South Central Avenue; and
WHEREAS, the public improvements being constructed as part of the apartment complex are referred to as the “620 South Central Avenue Public Improvements” and include the installation of a public sanitary sewer main in Central Avenue to provide sanitary sewer service to the apartment complex and will include frontage improvements along the portion of Tokay Street fronting the apartment complex; and
WHEREAS, Developer has furnished the City with public improvement plans, necessary agreements, guarantees, insurance certificates, and the required fees for the proposed pr oject.
Development Impact Fees will be collected as part of the building permit process, prior to issuing a certificate of occupancy; and
WHEREAS, staff recommends authorizing the City Manager to execute an Improvement Agreement for the 620 South Central Avenue Public Improvements.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute an Improvement Agreement for the 620 South Central Avenue Public Improvements; and
BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol Manual (adopted 11/6/19, Resolution No. 2019- 223), the City Attorney is hereby authorized to make minor revisions to the above- referenced document(s) that do not alter the compensation or term, and to make clerical corrections as necessary.
Dated: October 5, 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 October 5, 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-05
APPR
OVED: __________________________________
Stephen Schwabauer, City Manager
CITY OF LODI
COUNCIL COMMUNICATION
AG
ENDA TITLE: Adopt Resolution Authorizing City Manager to Execute a Five Year Professional Service Agreement with Vertical Communications Inc., of Phoenix, Ariz., to Manage and Support Phone Services from 8x8 Inc., of San Jose, Not to Exceed ($855,000) and Appropriating Funds ($171,000)
M
EETING DATE: October 5, 2022
P
REPARED BY: Information Technology Manager
RE
COMMENDED ACTION: Adopt resolution authorizing City Manager to Execute Professional Service Agreement with Vertical Communications Inc., of Phoenix, Ariz., to manage and support phone services from 8x8 Inc., of San Jose, not to exceed ($855,000) and appropriate funds ($171,000).
B
ACKGROUND INFORMATION: The City requires a more advanced telephony system to meet the technical requirements of our customers and City staff. The functions and features of 8x8 communication platform offers advanced analytics, modern features for enhanced mobility and improved reliability. The call center offers improved functionality to our customers calling into the City, to receive call back, on-hold status and wait times.
On October 2, 2019, Council approved the contract with Vertical Communications Inc., to manage and support the 8x8 Inc., VOIP (voice over internet protocol) communications platform. After an RFP process, a City committee evaluated and scored three vendors during demonstrations in key categories that best served the City’s needs. Vertical and 8x8, ranked the highest with the committee, offering the best solutions for the City’s changing business needs. The 8x8 VOIP is a cloud-based communications system with minimal overhead, reduced staff training and support and virtually no maintenance compared to a traditional premise-based phone system.
I
n the past three years, the City has utilized the 8x8 platform both internally and externally with much success. The ability for customers to know their place in line, approximate hold times and to receive a call back when their place in line is reached all improve customer service outcomes. Staff has internal chat features and virtual meeting rooms with screen sharing features that allow for quick meetups to occur across City facilities or with third parties outside the City. This all has improved efficiency within City departments. Vertical Communications has provided quality customer service and even assisted the City with reducing costs by eliminating charges for unused phone numbers.
S
taff recommends approving the five-year agreement with Vertical Communications for the management and support of 8x8 Inc., VOIP phone service at a cost of $855,000 over the five-year term.
N
ote the not to exceed values above includes the cost of up to 50 new employee licenses to be added to the account over the span of five years. The not to exceed values also include current state and federal telecommunications taxes amounting to approximately 25% on professional services. If the tax rates or
methods of calculation change, a contract adjustment would be necessary. The City is obligated to pay these taxes regardless of provider.
F
ISCAL IMPACT: A functioning phone system is critical to City operations. The contract is managed by the IT Division.
F
UNDING AVAILABLE: Participating funds will be allocated their share of the phone costs based on annual staffing. Appropriate $171,000 from fund balance of General Fund to account 10020400.72202.
_______________________________
Andrew Keys
Deputy City Manager/Internal Services Director
_______________________________
Benjamin Buecher
Information Technology Manager
RESOLUTION NO. 2022-____
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE
CITY MANAGER TO EXECUTE A FIVE-YEAR PROFESSIONAL SERVICES AGREEMENT WITH VERTICAL COMMUNICATIONS, INC., OF PHOENIX, ARIZONA, TO MANAGE AND SUPPORT PHONE SERVICES FROM 8X8, INC., OF SAN JOSE; AND FURTHER APPROPRIATING FUNDS
========================================================================
WHEREAS, the C ity requires an advanced telephony system to meet the technical requirements of our customers and City staff. The functions and features of 8x8 communication platform offers advanced analytics, modern features for enhanced mobility and improved reliability; and
WHEREAS, on October 2, 2019, Counc il approved the contract with Vertical Communications, Inc., to manage and support the 8x8, Inc., VOIP (voice over internet protocol) communications platform; and
WHEREAS, in the past three years, the City has utilized the 8x8 platform both internally and externally with much success. The ability for customers to know their place in line, approximate hold times and to receive a call back when their place in line is reached all improve customer service outcomes; and
WHEREAS, staff has internal chat features and virtual meeting rooms with screen sharing features that allow for quick meetups to occur across City facilities or with third parties outside the City, leading to improved efficiency within the City departments; and
WHEREAS, staff recommends approvi ng the five- year agreement with Vertical Communications, Inc., for the management and support of 8x8, Inc., the VOIP phone service at a cost not to exceed $855,000 over the five-year term, including the cost of up to 50 new employee licenses to be added to the account over the span of the agreement term and current state and federal telecommunication taxes amounting to approximately 25% on professional services.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute a five- year Professional Services Agreement with Vertical Communications, Inc., of Phoenix, Arizona, to manage and support phone services from 8x8, Inc., of San Jose, California, in an amount not to exceed $855,000; and
BE IT FURTHER RESOLVED that the Lodi City Council does hereby approve the appropriation of $171,000 from fund balance of General Fund to account 10020400.72202; 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: October 5, 2022
========================================================================
I hereby certify that Resolution No. 2022-___ as passed and adopted by the City Council of the City of Lodi in a regular meeting held October 5, 2022, by the following votes:
AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
OLIVIA NASHED
City Clerk
2022-___
C-06
1 2
CONTRACT AMENDMENT No. 2
Ranse Gale Construction
THIS CONTRACT AMENDMENT No. 2 is made and effective this _ day of September,2022, by and between the CITY OF LODI, a municipal corporation, hereinafter called'CITY', and Ranse Gale Construction, a Licensed Contractor in the State of California, hereinafter called "Contractor." WITNESSETH:
CONTRACT: Contractor and City, entered into a Construction Services Agreement for Professional Services on May 6,2021, Amendment No. 1 on June 7,2022 (Collectively the "Agreement"), attached hereto as Exhibit A and made a part hereof as though fully set forth herein. Contractor and City now desire to expand the scope of services to include additional work as outlined in Attachment A in an amount not to exceed $15,000.
TERMS AND CONDITIONS: All other terms and conditions of the Agreement, except as set forth above, will remain unchanged.
Counterparts and Electronic Siqnatures. This Agreement and other documents to be delivered pursuant to this Agreement may be executed in one or more counterparts, each of which will be deemed to be an original copy and all of which, when taken together, will be deemed to constitute one and the same agreement or document, and will be effective when counterparts have been signed by each of the parties and delivered to the other parties. Each party agrees that the electronic signatures, whether digital or encrypted, of the parties included in th¡s Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Delivery of a copy of this Agreement or any other document contemplated hereby, bearing an original manual or electronic signature by facsimile transmission (including a facsimile delivered via the lnternet), by electronic mail in "portable document format" (".pdf) or similar format intended to preserve the original graphic and píctorial appearance of a document, or through the use of electronic signature software will have the same effect as physical delivery of the paper document bearing an original signature.
CITY OF LODI, a municipal corporation CONTRACTOR
STEPHEN SCHWABAUER
City Manager
Attest:
RANSE GALE CONSTRUCTION,
a Licensed Contractor in the State of California
By: RANSE GALE
Title: Owner
OLIVIA NASHED
City Clerk
Approved as to Form
JANICE D. MAGDICH
City Attorney
"Servicing ALL of your construction needs" Proposal #1
Proposal Date: August 7, 2022
13631 Montfort Road
Herald, Ca 95638 Bill To: Hamony Homes Permanent Supportive Housing 209-747-1788 City of Lodi
[email protected] Address: 221 West Pine
Lodi, Ca. 95240
Phone: 209-331-3554
E-mail: [email protected]
Fax:
301 E. Lodi Ave Contract Addendum #2
Description Units Cost Per Unit Amount
630 sq. ft. of concrete 9,950.00$
Add 4 hose bibs 4,850.00$
Invoice Subtotal 13,100.00$
Sales Tax -
Other
TOTAL 13,100.00$
Ranse Gale Construction
Thank you for your business!
CONTRACTAMENDMENTNo 1
Ranse Gale Construction .)
THIS CONTRACT AMENDMENT No. 1 is made and effective this -þOav or1ff, 2022, by and between the CITY OF LODI, a municípal corporation, hereinafter called .CITY', and Ranse Gale Construction, a Licensed Contractor in the State of California, hereinafter called "Contractor." WITNESSETH:
CONTRACT: Contractor and City, entered into a Construction Services Agreement for Professional Services on May 6,2021 (Collectively the "Agreement"), attached hereto as Exhibit A and made a part hereof as though fully set forth herein. Contractor and City now desire to expand the scope of services to include additionalwork as outlined in Attachment A in an amount not to exceed $14,000.
2. TERMS AND CONDITIONS: All other terms and conditions of the Agreement will remain unchanged CounterÞarts and Electron¡c S¡gnatures. This Agreement and other documents to be delivered pursuant to this Agreement may be executed ¡n one or more counterparts, each of which will be deemed to be an orígínal copy and all of which, when taken together, will be deemed to. const¡tute one and the same agreement or document, and will be effective when counterparts have been signed by each of the part¡es and delivered to the other parties. Each party agrees that the electronic signatures, whether digital or encrypted, of the parties included in this Agreement are intended to authenticate this wr¡ting and to have the same force and effect as manual signatures. Delivery of a copy of this Agreement or any other document contemplated hereby, bearing an original manual or electronic signature by facsimile transmiss¡on (including a facsimile delivered via the lnternet), by electronic mail in "portable document format" (".pdf") or similar format intended to preserve the original graphic and pictorial appearance of a document, or through the use of electronic signature software will have the same effect as physical delivery of the paper document bearing an original signature-
CITY OF LODI, a munic¡pal corporation CONTRACTOR
?anr¿ 6a/¿
Ranse Gale {Jun 2.2022 10:01 PDT)
City Manager
RANSE GALE CONSTRUCTION,
a Licensed Contractor in the State of California
By: RANSE GALE
Title: Owner
Attest
OLIVIA NASHED
City Clerk
Approved as to Form
JANICE D DICH
City Attorney
RANSE GALE CONSTRUCTION
Coxrn¡ctoRos Lrcnxsr Nun¿srn 9 4987 E
Coxmr.ucrro¡{ Snnvrcns AcnnnMaNT
This Construction Services Agreement is eirtered into as of May 6,2021 (the '?greement") by and between Ranse Gale Construction C'RGC) and Harmony Homes Permanent Supportive Housing/City of Lodi at22l W. Pine Lodi, Ca. 95240 ('Customer").
A,Gn,EEMENT
1. Terrn of Agreernent This Agreement shall commeace as ofÍhe date set forth above and shall continue until completion of the Work (as defmed herein).
2. ProJect RGC shall provide the services a¡d maerials (the *lVorft-) as set forth in the ¿tþched Extibit A (the 'îcope of Wor*"). All Work shall be provided on a time æd maferials basis unless otherwise provided for in the applicable Scope of lVork To tbe extent of any inconsistency between tlhis Agr'eemefrt a¡d the Scope of Worþ the Scope of Wort. shall govem. RGC may retain subconhactors and independent contractors to aid RGC in the provision of lJitorlc Custom€,î acknowledges and agrees that RGe may provide the same or simila Work to third parties and nothing herein shall preveat RGC from providing such lVork to third parties. All lVork shall be deemed accepted upon completion of the lVorlc, unless Customer ¡otifies RGC within five days following completion ofrhe Vr'ork
3. Clnnges in Worl¡. Should the Customer, construction lender, or any public body or inspector direct any modifrcation or addition to the Work covered by this Agreemen! the Agreement Price shall be adjusted accordingly.
Modification or addition to the tüork shall be executed only when an Agr€ement Change Grder h¿s been endorsed by both the Customer and RGC. The change in the Agreernent hice caused by such Agreemed Change Order shsll be ¿greed to in writing or if the parties a¡e not in agreEment as to t&e change in Agreement Priee, RGC's actual cost of all labor, equiprren! RGC's and materials, plus a fee of 20olo shail be added to the change in Contract Price. The Change Order may also i¡crease tl¡e time within which the Scope of Wo¡k is to be oompleted
RGC shall promptly notiS the Customer of (a) latent physical conditions at the site differing mderially from those indicated in the Scope of Work or (b) unknown pþaical conditions difering oraærially from those ordinarily encor.¡ntered and generally recognized as inherørt in Wo¡k of the character provided for in this Agreement Any expense incurred due to such conditions shall be paid for by the Custorner as added Work
4. Ct¡stomet's Responsibility. Customer agrees to allow and provide RGC and RGC's equipmerü access to the Foperty.
5. Delry* RGC agrees to start aod diligertly pr¡rsue ïVork flrrougþ to completiog btÍ shall not be responsible for delays including brr not limited to, the following reasons: faihne of the issuance of all necessary building permits within a reasonable lenglh of time, ñmding of troans, disbursement of frmds into control or escrow, acb of neglect or omission of Customer or Customer's employees or Customer's agen! homc manufachrrer, acts of God, storrny or inclemeú wealher,. shikes, lockor¡ts, boyootts o¡ other labor union activfies, extra lVork ordered by Customer, acts of public enemy, riots or civil commotion, inability to secure material through reguiar recognized chaonels, imposition of Govennnent priority or allocation of oaterials, failure of Customer to make payments when dræ, Govemment bodies, or acts of oth€f, coniractors, or holidays, or other carses beyond RGC's reason¿ble control.
6. Subcontracts. RGC may subcontract all or portions of this Woft to properly licensed and qualifred subcor¡tractors.
7. Taxes ¡nd Asgessments. Taxes and âssessments of all descriptions will be paid for by Customer.
8. tosuÌ¡nce and Ðepostb. RGC shall carry and ensr¡re that its subcontractors shall carry Worker's Compensdion Insurance for the protection of RGC's employees duringihe progress of the Work RGC sh¿ll carry liability insuranse to cover any danrages to Cr¡stomer's property resulting out of the acts of RGC. Customer shall obtain atd pay for insurance against injury to his own empþees and persons under Crxtomer's direstion and persons on the job site at Customer's invitdion-
Cr¡stomer shall be responsible for obtaining any and all necessary i¡surance ,o cover Customer's property from damage ûom otber than fhe ac'ts of RGC, including wilhout limil¿tion, earthquake, fire or other damage not caused by thê acts of RGC. If the project is destroyed or damaged by accident disasüer, or clarity, sucb as fire, stornn, flood lantlslide, subsidence or earthquake, \ilork done by RGC in rebuilding or restoring tlre project shall be paid for by the C\¡stomer as extra Worlc
9. Rtghts to Stop Wort RGC shall have the rigla 1o stop Work if any paymeÍt shall not be made, when due, 1o RGC rmder this Agreement.
RGC may keep the job idle until all payments due are ¡eceived. Pailure to make palmeîq wfthin five (5) d¿ys of the date due is a oaterial breach of *is ÀgreemeEt and will entille RGC to cease any further Worlc
10. Asbcatos ¡¡rd llazarûot¡s lil¡ste. Utlless the coÍtract specífrcally calls for the removal disturbance, or transport¿liori of asbestos or olher hazardous substances, the parties acknowledge that sr¡ch Wor*. requires special procedures, precautions and/or licenses. Therefore, unless the contract specifically calls for sarne, if RGC encount€rs such substanc€s, RGC shall irnrnediately stop Wor*. a¡d allow the Custome¡ to obøin ¿ duty qualified asbestos and/orhaz¿rdous mate¡ial conlr¿ctor to perform the Work or do the \üor*. himself ¿ RGC's option Said Work will be treated as an exha under this codracl
lf. L¡Ídted W¡r¡a¡ty. RGC hereby waÍarits ils Work (inciuding that Work completed by its subconlractors) for a period of one (1) yea after completion against any defects in worlimanship or material and that it shall complete The entire Work covered by lhis Agreøneat in accordance witb the plars ald specificafions set forth in the Scope of 1iluk and applicable building codes, consisúent under CA Contr¿ctors License regulalion. This limited warranty is in lieu of any dher warranty êTpress or implied. IN NO E\IENT SHALL RGe HAVE ANY
LIABILITY UNDER THIS AGREEMENT OR OTHERIIiISE FOR
CONSEQUENTIAI* EXEMPLARY, SPECIAI" INDIRECT,
INCIDENTAL OR PUNTTT\¡E DAMACES, iNCLUDING BUT NOT
LIMITEÐ TO, T,OSS OF PROFITS OR BUSTNESS INTERRUPTION,
OR USE, BASED UPON PRINCIPLES OF CONTRACT,
WARRANTY, NÈGLIGENCq STRICT LIABIUTY OR OTHER
TORT, BREACH OF A}TY STATUTORY DUTY, PRTNCIPLES OF
INDEMNTTY OR CONTR]BUTION, EVEN IF IT HES BEBN
ADVTSED OF TTIE POSSIBILITY OF SUCH DAMAGES,
INCLUDING, WTüIOUT LIMTTATION, ANY DAMAGES CAUSSD
BY EARTHQUAKË OR OTHER CATASTROPIüC DISASTER. THE
AGGREGATE LIABILITY OF RGC ITERENDER FOR A¡,¡Y CAUSE
OF ACTION OR CLAIM (WTIETHER UNDER CONTRACT OR
TORÐ STIALL BE LIMITED TO TIIE AMOUNTS PAYABLE TO
RGC HEREUNDER WITH RESPECT TO T}IE SERVICES THAT
ARE TT{E SUBJECT OF SUCH ACTION OR CLAIM. CUSTOMER
AGREES THAT TIIIS AGREEMENI, INCLTJDING lilITHOUT
LIMITATION THE CHARGES TO BE PAID BY CUSTOMER
HEREUNDER A}ID TTTE LIMITATIONS SET FORTH IN THIS
SECTION, RNFLECTS TI{E ALLOCATION OF RISK
IINDERSTOOD AND AGREED LTPON BY THE PARTIES.
tr2. zlsbestoq L€âd, Moldn and other llazardo¡s Adateri¡ls. Customer hereby represents îhd Custome¡ has no knowledge ofthe existence on or in any portion of the premises upon where the lVork is to be perfomred of any âsbestos, lead painÇ mold (including all types of microbial matter or microbiological contanination, mildew orfingus), or other hazardous materials. Testing for fhe existence of mold and other hazardous ñateria¡s shall only bo performed as erqressly støed i¡ writing. RGC shall not be testing or performing any work whalsoever in a¡ ¿fea that is not identified in the Scope of Work
Unless the contac,t specifïcally calls for removal, dishrbance, or tfansport¿tion of asbestos, polychloriuaæd biphenyl (PCB), mold lead paint, or odler hæardous subst¿nces or mdcials, the parties acknowledge that such lVork requires special procedures, precautioas, a¡rdlor licenses. Thereforg unless the cor[rast specifically calls for sarne, if ROC encounters sr¡ch substa¡ces, RGC sh¿tl immediately stop lVork and ¿llow the Customer to obtain a duly quatified asbestos and/or hazardous material contactorto perform the Work or RGC may perform the lVo¡k at RGC's option. Said Worlc will be treated as an extra rnder this Agreement aad the Term setling forth the time for completion of the project may be delayed.
In the event that mold or microbial contasri¡ation is removed by RGC, Customer understands and agrees that due to the unp¡edictable characteristics of mold and microbial cootamination, RGC shall not be responsible for aay recurring insidents of mold or micmbial contamination appearing in the sæe or aay adjace,lrt locatior, subsequerf æ the completion of the Work perfomred by RGC.
Cr¡stomer also agrees that RGC shall not be responsible, and agrees to hold RGC harmless and indemniff RGC, for the exisûence of mold or microbial c.ontamination ' any area rhd RGC was not contast€d to test and/or ¡emediate. Fr¡rther Customer is hereby informod, and hereby acknowledges, tbat most insurers e;gressly disclaim coverage for any actual or alleged damages arisiag Èom mold ormicmbial contamir¿tion.
RGC makes no representations whalsoever as to covefage for mold ss¡tarninatie¡, though at Customer's additional eryense if requested in writing. RGC will inquire as to the availabilþ of additional coveftige for such cont¿mindio¡ or remediaÊion, ¡nd if available, will obtain such coverage ifthe ¿dditional premium is paid for by Ctrstomeras an extrâ. i.3. Notices: Except as may be otherwise specifically provided in this Agreemeft, all notices required or peñnitted hereunder shall be in writing and shall be deemed to be delivered when deposited in the United States Mai! postage prep¿i4 registered or ce¡tifred mait retum reoeipt requested addressed to the parties at the respective addresses set forth below are at such other addresses as may have been theretofore specified by writea notice delivered in accordance herewith Ranse Gale
By
Title: Owner
Ðate: May 6,2A21
ÄrrTsrt
PAMALA M. FARRIS
Assistant City Clerk
14. ARBITRATION OF DISPUTES; ANY CONTROVERSY oR
CLAIM ARISING OUT OF OR RELATED TO TIIIS ACREEMENT,
OR THE BREACH T¡IEREOF, SHALL BE SETTLED BY BINDINC
ARBT¡RATION IN ACCORDANCE ItrITH THE CONSTRUCTION
INDUSTRY ARBITRATION RI.TLES OF TITE AMERICAN
ARBTTRATTON ASSOCIATTON, AND JUDGEMENT I.IPON TTIE
AWARD RENDERED BY TTIE ARBTTRATOR(S) MAY BE
ENTERED IN ANY COURT HAVING JURISDICTION TIIEREOT.
CII,IMS 1VITHIN TÌIS MONSTARY LIMIT ÛF THÊ SMAII-
CLAIMS COURT SI{ÄLL BE LITIGATED IN SUCH COURT AT
THE REQUESTOF EITHERPARTY, SO LONG AS BOTH PARTIES
LIMIT THEIR RIG}IT TO B.ECOVERY TO TTIE JTIRISDICTION OF TTIE SMAII. CLAIMS COURT.
ANY CLAIM FILED IN SMALL CLAIMS COURT SHÂI.¿
NOT BE DEEMED TO BE A 1VAIVER OF TTTE RIGHT TO
ARBITRATE, AND IF A COTINTER CLAIIVT IN EXCESS OF TI{E
JURISDICTION OF THE SMALL CLA¡MS COURT ¡S FILED IN
THE MUNICIPAL OR SUPERIOR COURT. THEN TIIE PARTY
FILING IN SMAIL CLATMS COI.'RT MAY DEMAND
ARBITRATION PURSUANT TO THTS PARÀGRAPH.
NOïCE: BY SIGNING IN THE SPACE BEI-OW YOU ARE
AGREEING TO HAVE ANY DTSPUTE ARISING OUT OF THE
MATTERS INCLIJDED IN THE 'ARBITRATION OF DISFUTERS'
PROVISIONS ÐECIDED BY NEUTRAL ARBITRATION AS
PROVIDED BY CALIFORMA I-AW AND YOU ARE GTVING UP
ANY RIGHTS YOU MIGTIT POSSESS TO HAVE THE DISPUTE
LITIEGATED IN A COURT OR JURY TRIAL. BY SIGNING IN
THE SPACE BELOW YOU ARE GIVTNG UP ruDICIAI, RIGHTS
TO DISCOVERY AND APPËAI" UNITSS TIiOSE RIGHTS ARÐ
SPECIRC¿ILY INCLIIDED IN THE 'ARBITRATION OF
DTSPUTES' PROYISION. IF YOU R.EFUSE TO SUBMIT TO
ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU
MAY BE COMPELLED TO ARBITRATE UNDER TIIE
AUTHORITY OF THE BUSINESS AND PROFESSIONS CODE OR
OTHER APPLICABLE LAWS. YOUR AGREEMENT TO THIS
ARBITRATÏON PROVISION IS VOLUNTARY.
lVE HAVE READ AND UNDERSTÆ\ID ïIE FORECOING
AND AGREE TO SUBMIT DISPUTES ARISING OIIT OF TTIE
MATTERS TNCLTIDED IN THE 'ARBITRATION OD DISPUTES'
PROVISION TO NEUTRAL ARBITRARTON.
T AGREE TO .-5rl.?/
o¿cã I
I AGREE TO ARBITRATION. -Date ¡
By signing below, the parties acknowledge that they haroe àad the terms of this Agreement and hereby âgree th€reto:
I
tsy
Date: 5- / 2-?o>{
as to For.rn:
Dep¡¡ty Gi$Attomey
EXHIBITA
SCOPE OF WORK
This Scope of Work is iszued pursuæt ûo that certain Construction Services Agreement dated as of Msy 6. 2021 by and between RGC and Customer.
DESCRIPITON OF SERVICES: Total Construction Cost $226,700.00 Price includes:
3 Std BD€X
'01'o Standard DeliverTos for a single section BD-81
"1" Standard Set Ups for a single section BIÞ81
n'1," XI-2 foundaiton for a single section BD-81
o'2tt Framed wood step for "2" doat on a BD-EI
661." Lap skirtinåfor a single section BD-ßl
"1"" Corian behind oven in a single section BI)-81
"2" Exterior GFI on a BÞ-t16'3t'TV raceways on aBD-81
'62" Fan Pfeos for a BIÞ81.
"1' Cleanins of interior on a BD-81
1'1" A/C for a BD-8L
"1'o Tie into water (all supply lines are provided by CiS of Lodi) o'1" Tie into sewer (all supply lines are provided by City of Lodiì $58.600.CI0 Total x3 BD-81 homes = $175.800
ADA Home
¡'L'o Standard Deliverlls for a single section BD-81
"1.'o Standard ftrt Ups for a single section BD-EL
'61" XI-2 foundaiton for a single section BD-81
"L" Lap skirting for a single section BD-8tr
o'1oo Cori¿n behind oven in a singl-e section BD-81
oo2" Exterior GFI on a BD-81
"3' TV raceways on a BD-81
"20'Fan Prepsfor a BD-81
"1" Cleaning of interior on a BI)-81
'01" A/C for a BD-8!.
"Lo' Tie into water (all supply lines are provided by Cíty of Lodi) "L" Tie into sewer (all supply lines areJrovided by City of Lodí) $45,900.00'61" Ada home
Insurance
$5,000 Coarse of Construction lnsurance
Ê
f
SERVICES LOCAÎON: 301 E. Lodi Ave- Lodi, CA 952/m
PAYMENT: 10% to begin work
Pay forwork upon completion of item
Balance due uPon comPletion
lN WITNESS WHEREOF, the parties have caused this scope of work to be executed by their duly Authorized RePresentatives.
Customer:
By:
(AuthorÞed
Print Name:
Title:
Date: 6 L b
o
DeputyCi$Aern€y
Ranse Gale Construction
By:
/
) )
f'
Print Name:
Title: ßr çdr.-e o-
Date
AITDST3
PAMELA M. FARRIS
.Assistant City Clerk
:--rt
-'
Heatih and Safety Co.de section 1B0g5.AË is hereby reprinted below:
: , Ðeelaratiom of Ðeliveny SaBe
Ïhe undeæþned'pun¡_fia¡er hereby declaæb thai hefshe is agreeing to a deliuery sale wherein helsheinÞndsto-actually an'$,pirylically insÞll the subject ho-me deicrineð Þdourl' or aócept resporsibilily íorengaging the sen¡Ì,cetr of a licenqed eonirac{pr is perfur"m that-insiallatisn.-Additionally, iäe purcfrä="theleþr declares thatrlreJsl¡e understands ïhat mós¡ manufacturers. u¡arranues do not correr ilefeetscaused by impropelisþ n¡erygtion or instalhtior¡- The purcfraser'Tat<es ft¡¡¡ rcsponJibihry io.r trrtpape.r storage, lnclu.--ctþg blocking of the home and prótection frsm the ebménm, priór io theeompletion ef the inetâllation.-lf is sbongly reeo¡nrnende¿ tfiat, befo¡e eniering irto tfris àfieámsni *tÀpurchaser has ensurcrcl that the home described belsìs will be installed pursiantb su¡ïruis¡on (4 olSection 18lt51 of the Hedth and Safety Gode {see reversê side} and tÈé mãnr¡AeU¡efs installaiioninstructions. Additisnalln the'ourchaseishould i¡ake cartain mai fretsne can meet aU permit and feerequiremenF, including¡ school.development fees, most of whi,ch may ¡edianced, ¡orifré ¡nsaffat¡õñ of the ssbject home.
,'. Wanäney Êrgiratãan
Notut¡ülsianding Sectiorr 1797 of the Cirril Code, i* orde¡to prouide reasonable time furt?p ins,tallafÍonof your horne, the manu?acture{'s urarætlty, rm¡ren appt¡båþle, nrill expire c¡ne vear afui either tF¡e issuance of a certiEcaln of occupansy or tZé'days nror; ¡¡re cbde oi esciow, õhñffier occurs frrsl NameoiEscrs'¡¡
lvlansfaciurefs Name:
EssowNumban
$efial Number{s):
Dealerb Namec
Address whe¡e purc,lrasier will accepi deliuerç '=\f\ t I<, t-J'. C\.-z Address nrhere purchaserintends to insÉall home: =.1\ € i ,^-Å r-\ sign unless you have read and understsod ihe
e,f
Purehaset's Púnted
År-2
NS.TE: an original copir of thìE doq¡ment must be deposfÌEd r¡¡ôth ll¡e aÞorre named escrow agentas a condition preeedent t9 the preFaration oi escrc¡rvìnsFudioli. Upon dosÀ of €rscruur¡ the esc¡oty agency shall ãubmit a copy of de odginal documenttolhe depaiünentialong qitä documentsrequiredto reporttresate¡ fre;rlgínat doa¡n¡entsha[ Èéreained blthe eÊçfË¡w agenL Add¡lionally. ,â €opy of the oñgtnat doqt¡rnentshalt be senttq thÊ ma¡lt¡Écü¡rer- ïìfARNlt{G'This's an Ìmportant dscument Do not
abonedectaraiion- áþVe S'&r*"aé;u
I
Purchase¡'s Printed Purchasefs $þnahre:_ Date:_
Depüy CityAttorney
(Section 1855:t of the HeËúft and Safety Gode shall be repinted onlhe reve¡se side of lhis document) PAMELA M. FARRIS
Assistant City Clerk
Healih and Safety Cod,e seeiion 19035.26 is hereby repinied belovr:
: DeeÍanatñom of ÐeÍuve4r Sate
:'
The undersigngd-purufiaset hereby declareb tf¡at hefshe is agreeing io a delirery sale wherein helshe lnÞnds,to adually asd,physieally insiall the subjec.t hor¡e desciibed below. or eccêpt respottsibllñy for engaging the senrieer¡ of a lice¡sed e¡ntra€fior to perfo¡n'¡ thaüüss¡ãfidisrl. Additìonally, lfie purchaser her*y deElares thatihetshts unüe¡stànds that mó$ manutact¿¡re¡s'tÌrarrant¡es Ot¡ not cover deiects causeü by improper:site preparation or h*alhtipñ- Tne purctraser'lales full responsibility fol ths proper storge inclu$'rng blocking of the home and protection frsm the elements, prior þ ihe complefioa of ihe ineÉallaiion. lá is stnongly resomr¡?endEd fha{ befe¡E eniering iæto this agreameni the putchaser hss ensursd ti¡atthe home desffibed below w{ll be insialled pursuantio subdîuision {a) oi €ection 1S551 sf the'Heal¡h and $affiy tode (see rêverse side) and the mam¡Þeture¡'s insÈllafion insF¡¡ciions. Addiiienal[n the-purchaser should r,rale certain thaï helshe. can meet ell penniË and fee requiæmøÉs, indudilç school.developmmt Ëes, most r¡f which may be financed, irrthe installaiion of the ssbiecthome" '
lllfa*aæÊy Þçiratãan
Notvt¡if¡standirlE Secfion 1797 of tþe Giuil Code, ir¡ orde¡Eo prouide reasonable ilrne brt?¡e installaiion ef your hente, the manuîacü¡refs ur€¡r¡E¡ngr, when app¡ii;aÞle, ut¡l¡ rytre @ the issuance of a certifieata oi occupancy or I20 days iam the close oi escrour, rryhiehever occurs irsl Nams oiEecrsr¡u Eesou¡Nr¡mbsn
Manufacü¡refs Na¡*o'
Seúal Number{s}: . ,, -ffif
DEalerè Nâmet ' Cxr-i-- C¡.r-*¿ - . t- r-l-. (llets\
"r\
r\r- .
Address suhere purchasier will accepi deliverp "2\(\ ' l€- C\ '-,¡z Itlr'ARi{[NG: This îs an
above decla¡aiion-
Address uuhe¡ç pu¡chaserhbnds to insÊall home: Ra\ l- i J" f\.-,2 NOTE: ¡ur oniginal cop! ofthis doq¡ment must be depssiÞd rruür the abqìre narûed esuow agentas a condition pecedent io ite pæparation oi escnrty inst¡¡&bns. Upon clos oi escrorf, &e escmt¡t ågency shall submÈ a copy oi the odginal doct¡mentto lhe de6rtnenÊ:atong wflf¡ documenÞ requiled b æportthE salq the orlglnal document shall be retained by ihe a-sÉTow agenL .Addïlionally. a copy €l the oÍ¡g¡oal dseument shsü be sent ts the maûsndcttrer- Do not sign unless you hate read and understood the
Purchasefs Priffied
Purchaset's Pdnfêd Neu¡e:- Pr¡rchase¡rs Signature:- Ðate:- as to
DepuU CWAttcmeY
iSection 16551 of the Heeltr and Saietr¡ Gode shall be repñnted onìhe teverse side of this documenf.) PÂMET,T M. FARRTS
Âssistant CiÇ Clerk
Health and $afety code section igCIg5.zË is hereby reprinted belovu:
The undersigned'p¡fl{lâ.s$ hereby declares tF¡at lrefshe is agreeing io a deliuery sale wherein helsheinåendg'to3ctually and physieally insiall ihe subject hor¡e de.icriþeõ be¡ou¡, or aõæpt responsíbilig íorengaging the seruiceç of a ficen-sed eoniradorie perform ftâr¡nstãllaiiorr.edditïonä¡n ¡¡ie purcr,är*hereby dEclares lhat;bef$¡e under¡siands tnat mås-f nranuËch¡¡ers'r¡uanantles de not EEvEr deiectscaused by improper.siæ peparatian or ånSalþt¡pn- The purcfnser.taites tun responsib,il¡ty io.r t¡rãprope-r giorage, ¡inryc]Fg blocking of The home and póteetion from the eternérræ, priór b theeompletioa of the ineiallaiion. tå is sûongty recommende¿'tn4 befo¡e eniering ir+to thi. ãit ã;."i gt-; purehaser hss ensurecl'¿tratthe home desÉribed betow wilt ú insùalted pursiantb subãiuision (a) ofSecäon 1855'l Eithe blealih and Sa@i Code {see reveree s¡eei án¿ ¡äe manuAcrure¡'s instadaíienlnstrucñons. Additiqnally. the.purchaseishould irake certain that he/she.can meet all permit and feerequiremexis' iududlnç school.developmen! fees, rnost of rruhi,oh may be nñânCeC, t¡r the hsiallailonof the su:ject home. fÄfarranty ÞçisaÊion
Nottti$¡sÞndrng Secäon 1797 of the GÍuÍl tode, Ín orderto provide reasonable time Þrtfie ínsÞlldionef your nemE, the mant¡?actr¡tet"s wananty, strhen appnbáÞte, ur¡lt eñp¡re gne .ìreal aftsr either theissuance sf a certiEcate oi occupansy or 120 days a'orñ Ûre close oi eEciorr, ffi Name of Eecrout
Ivianufaeture¡'s Name:
Eecrcu¡ Numben
Serial Number{s}:
Deale¡'s Nams
Address r¡uhere puæheserruill accepi delineiy "åh r r-J'. C]...,-¿ Addrcss n¡here purchaseriniends to install home: I C\ '-ne ï$ARNING: This is arr
above deelaration
documenl Do not sign unless you hatre read and understood ihe çr-
Purchasel's Printed
Purchase¡'s Pdnfed Na¡e:_ Purctrase¡'s Signature:_
a8 to
Deputy CityAfiorneY
($eetion 1.655.1 oithe He¡rlft and $aíety Gode shall berepiniad onihe reve¡seside of th'is documenti PAMELA M. FARRIS
Assistant City Clerk
Healih and safeg code section igOss.zõ is he¡eÞy reprînted beloud:
ÐesÍamtñom of Ðelivcry¡ SaBe
,
The qnde¡ìsg¡Ê{'Punrihaser hereby declares åat læfshe is agreeing io a deliræry sale whereîn he/sheintenf toScturally.an{ OlrVsieatç lnsÞll tfre subject home oeõcripeð Þetor, or aðæpt responsibifiÇ ior gngaging the se¡viees of a liceneed eoniracfiorio pefcrm *¡aT[?sÊand¡sn-'AddiËon'a¡¡y, iäe purchäserhereb$ declares thãt helsi?e understands th* mü$ *anueact¡retr.Ë;;tË; ð;iot correr deÍectscaused by improper,site preparalion or hselHipñ- Tfte purcfraser-Þles fu¡t responslþiliiy io.r tfrãprop9r siorage, lnelurtlng blocldng of tfre home and protecüon from the elernents, priõr to *ecompletion of the Ìnetafafion.-tt is stuongly a¿ tneq befo¡e aniering inùo thÍ,e ãbieåme.i *rãpurchaser hes ensureçlïhatthe home desÉribed belors will bà installed pursipntb subftu¡sion {4 oiSection 185ã1 sf the,Hea¡th and $aÍe*y Code (see reverse s¡¿èi ãnO tt¡è mãn¡¡gc¡¡re¡'s insfailaíioninstn¡ciions. Additìsn€din the'purchaseíshould inalte certain that fre/she can meet all pennit and feerequiremeals, includinç school.development fees, rnost of whï,ch may be nããnced, tor né ¡ns¡a¡¡atònof the ssbject home.
N-ottliifisianding Section 1?97 of the Çluil tode, in o¡derto prouide reasonable tin¡e ñrTfiE lnsiallaÉion 9f yo{¡f hernÊ, thE mantríaeï¡refs wE¡i'rãnty, ruhen applibáU¡e, wilt expûre gne vear arer e¡ther thcissuance sf a ceÉ¡fieate| of occupancy or I20 days am tr¡e cioée or esciouu, ffiãTer occurs ärst itJame <¡í Escrour¡ Eee¡ou¡ Nunrben
ltñanufactura¡'s l*ame .-\, \.,-ø '--È ,*dV
Sefial Number{s}:
Deate¡"s Namer
Address u¡here purchareiervuill accept deliueç :=\{.\ ' L-.t'. O)..,; !SO-TE: An oñg¡nal copir sf thi.ç dq€umeflt must be deposfied u¡itr the abor¡e named ascrow agørtas a conùlion pçcedent io fie preparatlon oi escrc&vìnsh¡cli¡ns. Upon aosé of escror¡u, ihe escror¡t egEnry sf¡a¡¡ ã¡¡Umn a copy æ ttie'origna document to the depãrhneni:along lfl doqumenÞ requtred to repö* ere sate ne-origliet doement shat¡ ùé retaürÊd bi äre eÊG¡ûy{ãgeûL Addlticnallg q catry Êf the odg¡r¡al dsc¡¡mentshaU 6e sentts tre manuÉtst¡rer- ltlfARNlNG: This is an impo¡tant documeni. Do not sian
abovedeclaration- 68, :, *^,&**r-
AddrÊssrn¡herepurchaseriniendstoinsÉall rrome Fni iã . i*nÅ . $..,-<z unless you have read and understood ihe
Pu¡chasefE Printed
Purchase¡'s Printed Purchase¡'s Signah¡rer_
asto Foffn:
Deputy ClvAtþmey
(Seet¡on 18551 oithe He.:rlüT and Saiety Gode shall bereprinted onìJre reverse side oith,is documenl) På.MEI.À M. FARRIS
Assistant City Clerk
seetlon $5'5f {al of tfie Health .rtd aafiety Cqde: The departflent shaü sstaÞ[En ¡e$¡lat¡ons far nl?nuÊêctured t¡ome. mobite¡iÞme. €nd commerc¡al Goach frümdation sy$ems üat âhell bs agg&ãbÞ &mugt¡õ¡¡t he sUte. itjt¡en eslablished, nese regutaU¡ins $¡peßeüe anyqrdi¡rutce enecþd by any srty, county. or dt¡¡ g¡rd munù¡ appficabte tð mãnuacn¡¡e¿ tiqme. mob¡lehome. ana csrÍñerciat coaci¡ irundaflqír slsçmÊ. The department may sPprol,e a[émate foundaüi¡à systems to lhose proutded by regulalion where lhe deparlment is sai$ed ôÍ egr¡inêIÊttt patlotltance: The d'3pet¡tnent sfietl doclÍÍêr¡t epp¡oual aí altotialø sleüems dr æ r*arnp oi apprdra on the" plane andsFe¿iñcaEons frr if¡e a¡ÞmaÞ fogndation s¡¡slerrt. A manuddl¡ed nome, monnei¡åme. o-f commercial eoai*r nay be rrætàteo on a - ñundalion s]€t€m'as effipr a ftl¡¡¡e or Írrpmræment d ne rEàl propoty. ¡rlo*ruance ïtith sr¡üiuÈion {a}, or a mánufaar¡æo home or mo'tiitehomemaybefnstelfEd or Bformdaüonqrstemasa 6attel,inËcc&ancewin subf¡visîon (bl. .la| lnstalla!ìon of a ÍËnuÊcû¡fl:d homE, moËilå home. or comme¡E:at coi& as a F¡{ure oI impioiæment to the reât pmÉerty shall complyxlth all oilhe'foüowf ogr (fl Pdor &i irslEltalion d a manr¡Èctr¡red,ñome. mobilehome. or cornmetdal coadt on a.fuundat¡on systero. tñe manui¿cû¡teìd homAmobflehsme; or commeqial crech ow¡rer or ä licenséd cor¡tacbi stnlt oau¡t J ¡uldfrtg-pe*l1tom, ne ãppóp¡¡ale erutrcement agency.Tu-!!Ff!1g germil.ûre orrrnersrcsnlraclorsnaü proukteUre ttro¡t¡nú: : --- --- . (Al lJtfrttien €uÍdgnce accapbÈftiþ thE enforcs-m€n¿agencyÍrraå-tñã ¡aanufac-tr¡red homa, mobilEhor¡¡è, o¡comme¡cr?l coach oenetowns,... .holds-äü9 1o'- 9t is puæhasing lh-e reat propeÊy r¡tree-t¡e-moU¡tetrsme is to be Ìnsblled on a iourtãüon system. A lease held b¡r the''- rnanuiadured &orna rno. bltehome, or co'mmerclal coacl¡ owne¡ nat ¡s transfiaraÞle. ¡or Ae à*rrs¡o- use oíü,e real properç rarheé the manufacfured honre, moÞilehome; or commercra coacir ts to be installed¡ st¡ali Oe ¿Eèmeo io comply nn'ttr tfris paragnph if the Éase is for a .
Þrm oiS6yeas o-rmore. cfleesthanSSyears. fora Þ¡m muirat¡yagèed ugon-bylhetessoraàd!:sseq ariC nã drm of ifie leaseisnst seuocable at lhe d¡scrEl¡ori of the iessor e*bpt for cause. as dessilúeo-n sllDoirniisås 2 !o 5. fnctusiue. of Öecüon f t ô't of ltle CtOe oi C¡rA Pmcedure-
{A} w¡Í¡teû elridence acceptable io û¡e er¡fo¡qement agêncy that the feg¡stered o$rner orrns lf¡e manuÈcfured home. mobiteñgme. or commerdel coacli tee of arry lio.re or €ncx¡mbraoces o=r, inlûe eænl lli'at the legal oüff¡er ts not lhe r€glstered owner, or llens and €ne*¡mbrsncas eraigt on llrE msnuÊc{r¡red fiome. mobítehorne. s¡comme¡cial mact¡, i¡r¡üen eü¡clenc€i p¡ovÍdec ay ne legel dwnerand any fienors orenq¡¡nùrencers üat üe fegal onner. liénor, oÍ e¡qrmbÉnær consenls lo the eüachmeil gf$e r¡anuÉcir¡red hóme, mobileho¡ne, or-commercbl coach u¡on the dÍscharge of any peæonal lien, lhat may be conditioned upon the salllfad¡'on by the feg¡stered gwner sf lhe obltig&næcnredbythgllerL .
(C) PlarF ar¡ct speciricaüons r€flúïed by depariment regu¡aü'ons or a depar&aent-approved a{lemale íDr lhê manuíscfured home, mohllehome, or co¡r¡mercial coaclr.fr rmlatioñ syrfum-
- (O) lhÞ mar¡¡ËGü¡¡eil homa mobílehome or commerdbl coarjr n¡a¡r¡¡Ècl¡re¡'s installalion inetr¡clîons. or plâris and speclf¡câl¡ons s¡gned qy a Èlifurnb ficeflsed;atcbttec[ or engineer cü¡Erißg lhe ín¡lallaüon oían.h¡ûryiduat ¡nanuËei¡red'hEma modi¡ehome, o! csmme¡dalcoacf¡ ¡n the ebsence ollhema¡ufaatired trome, moÚtehome.orcommerþi¡¡ àa*¡ mant¡Aar¡reesi¡rsin¡dions-(El BuÍlding pemit fee¡ eetab[thed by orfrnence or rqgütetíon of l¡le apþropiate anforceraeí¿ agenrtr- t.ï 4 A" payaÞle to the departnent in lhe amount oi eleven OoUad (Stì} for each ransporiaOte seclion of üre manuiaeured f¡ome, . rnabilehomq or commercial madr,'that shall be transmiEed to the depannenf at the tlme lire èemfic¡te of occupancy is issued üd& a copy ' { A? buildrng permit'and any;olher iniormation concerning fn ininutaaureà home. mob¡lehoinq or coinmeícial fractt v¡hich diéaegrl¡-rgg! {!V prescribe on fomrs provided by the ctepartmenl t4 $l On tho seme day that tre èerfiEcate ói oær¡p'ancy ior the manuiss{ured hqme. mobilehomei oåcommeria¡ coactr ls issuerJ Þy lhe appfogrlate eÍhrcement agency. lhe enfurcémen¡ aÚeno-i shall reconl uilh lhe county recq¡der of ttrË county wherê lhê reat propeäy is situaled, fñât the manu&cûred hqme. mobileñoma or commercial coacfi nas been inståþd upsn. s doûrment iraming the omei sf tne ieatptoperty', descrÍb¡ng lhe real ProFetty wtth certs¡nty, and slafing lhat a manufactured home.'mobilehome, qr æmmõrcial csach has ûeenañ¡ted-tolhst reãl prcFèrty by ins{ê[Elton on afoundeüo¡ s3stem pursuaat tolhls sr:bdluieion. , {B} tJlfhen recorded, the document reÊred to ¡n subparagnaph ia¡ snau ae indexed by llre county recorder to the named owne¡ and shetl be deemed to gÍve consîn¡cùTe nótice as to ¡ts conhnls to alt pèmòris nereaflêr deating-witir üre reå ¡¡roperty- .- (Cl iees-tcetued by ltlrq depalrnent pursuerûto subparagraph {Ð oipnragraph flf shall be deposied ¡n lhe MsbiiehomÊ,Manufaç{u¡ed Flome Revo¡urìng Fu¡¡d esbblíshed unrlersubdir¡iion (el oiSed¡on 1g016.5- ' .1 tsl Ttie oépä&tèttt ãata[ adopt ¡eguldions proufding for the cancettation of regi.shation oí a rnanuAafáO hsme. msbitehsma orcorßrerdal €oacù {hât iE perrrarimüy attacfied to lhe ground on a ñr¡¡dation qBtám pursuantlo nubdlv¡s¡on {a}. -The regufaüons shau ptouille Ûr Ûl€ st¡fi€fder to tfie tlegaünent of ttre ce¡tificale of ü¡le and sther indicia of-æg¡i.rtrafon : For tlre puipbses of th¡:s suþdiv¡rsion. pemâned aftalþn io a Ëünd€üon sleten sfian ôe deened'lo have ocü¡ned cn &e ðay a ceñHicate o¡ oót¡ænsy ís issued lo themanuãcù¡¡ed homs, mobilehomrt, or comme¡a¡e¡ eoactr qwr6¡ and ihE dûcument ¡erer¡ed O ìn euþaragraph ¡þ oi paragrepÌ: iS] isreco¡ded. &ncellalionshatlÞe.eFediveasoflhatdaleandthedeparùrrentshaller¡terlheeanceltalìononibËråøÀriponêceíptàfaápy oi the -ce¡tilìcate of occupancy. Thls sr¡bdiuisiq ¡ shalf not be sonrtued tg ãffect the applìcation of exisling tarvg or f¡e oåpar¡meriri legulagons or proædures wilh ægard þ the cañcetlat¡on oi egislrallon, er.cept as io lie'regufren¡eût lhereiore and the efücn¡e date thereof.
t4t Once ¡nsia[etl on a ioundaãon system ¡n compliance rvlth t¡r¡s $¡bdluislon a ¡i¡anufack¡red ho¡nE mob¡lehome. or commerciat sachshãll ba deened a frxtlJfe and ã real property imprwêment to the rea¡ Froperty to ¡îln¡dt ii is afflxed. Ph¡sical remoual of ll¡e manufatiuæd' home. mobilehemê. ot commêrËial coatfr shall lhe¡eaûer be prof*ltdC únhóut the conseñt of .alÌ gersons or entilieç rsho, at lhe time oirefioval haue lille to Eny eslate or Ínteresi in tt¡e res! property to whÍc*¡ the rnsnufactsred home. mob¡lehome, or csmmerc¡al coach ís añ¡ed- \.
{5} Forlfte purposes oithis sutrdivision:
_ (A),"Physical remowP shall lnclude. wilhout tirnfþlion. lhe unattaching of üe manufactured home. mob¡tËhome. or cÐmmerciâl rDech ttmÍ¡efoundaüon sys¡em. e¡rceptiortemporârypurposes ofrepeirorìmþrouemenuheæto- (8) Csnser¡t lo temoval shall rct äe reguiærl tom f¡e onÌters o¡ riigfrb-oFway or easenents or lhe ol{ners oi sr¡bsuriace rlghls er ifiþ¡esls ¡n or to mlnerals. îndudirrg. ¡üt noi ll-m¡ted io. ail. gas. sr olher hidrocarãsn suðsÞnceõ- {S} At least 30 days p¡ior{o a legal removat oiihe manuFeciured home. mobilehome. or commertíal caachfrom {fe foundation syslern and lrãnêportetion ã¡¡ay from ihe real prupe*y O whicfi lt was formerly dxed, if¡e marn¡Ëcir¡red'honre, mobilehome, or commerciel coach wner shall notit ihe deparünent and lhe couniy assessor of tire ¡nb¡ided remova¡ oiü¡e manr¡fac{üred home, ¡nobilehome. or commerc'al csscfl the depariment shall Þquirê wtitl€n $ridence thãt'¡he nscesÊary consen¡s have been obþi¡¡Ed pursuEnt ¿o ¿äis sec¿¡on €nd shgtl reguire application frr eilher a transporÞIion permit or nanuÈc&r€d homa mob¡lefiome..or æmmerc¡ãi coach regísiratíon. as the departrnentmay dedde'b approFrieie to the circurnstances. trnmediaÞIy upion remoì¡el. as deÍned in ûris secäqn. the manr¡hctured home, mobilehome, or @mmerúe¡ cqach shafi öe deemed ts hsve beeome peÈonal properiy and subjerf to afl lar¡ys goveming lne sãme ãs applicable 1o a rnanuÉdt¡red home, mobtlehome. or comme¡clìal Eoactr. .- RESOLUTION NO. 2022-____
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE
CITY MANAGER TO EXECUTE AMENDMENT NO. 2 TO THE
CONSTRUCTION SERVICES AGREEMENT WITH RANSE GALE
CONSTRUCTION, OF HERALD, FOR ADDITIONAL SERVICES RELATED TO
THE DEVELOPMENT OF THE HARMONY HOMES PROJECT
========================================================================
WHEREAS, the City Council on July 21, 2021 did ratify the contract with All American Modular and Ranse Gale Construction to install four modular units for the Harmony Homes Project at 301 East Lodi Avenue in an amount not to exceed $709,700; and
WHEREAS, the City Council on May 18, 2022 did ratify Amendment No. 1 to the contract with All American Modular and Ranse Gale Construction for an additional scope of work in an amount not to exceed $14,000; and
WHEREAS, the Project has created four units of permanent housing for homeless individuals and families or those that are at risk of becoming homeless; and
WHEREAS, while putting the final touches on the project, staff realized there was a need for an additional concrete pad to hold the individual trash carts and a hose bib for each unit. Staff asked for a proposal to accommodate an additional scope of services and the Contractor presented staff with a proposal in the amount of $13,100; and
WHEREAS, staff recommends authorizing the City Manager to execute Amendment No. 2 to the Construction Services Agreement with Ranse Gale Construction for additional services related to the Harmony Homes Project in an amount not to exceed $15,000.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute Amendment No. 2 to the Construction Services Agreement with Ranse Gale Construction, of Herald, California, for additional services related to the development of the Harmony Homes Project in an amount not to exceed $15,000; and
BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol Manual (adopted 11/6/19, Resolution No. 2019 -223), the City Attorney is hereby authorized to make minor revisions to the above-referenced document(s) that do not alter the compensation or term, and to make clerical corrections as necessary.
Dated: October 5, 2022
======================================================================== I hereby certify that Resolution No. 202 2-____ was passed and adopted by the City Council of the City of Lodi in a regular meeting held October 5, 2022 by the following vote:
AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
OLIVIA NASHED
City Clerk
2022-_____
AGENDA ITEM C-07
COUNCIL COMMUNICATION
APPR
OVED: _________________________________
Stephen Schwabauer, City Manager
\\cvcfilv02\pubwks$\WP\PROJECTS\PARKS\ZupoField\Fire Restoration Project 2022\CC Amend WMB PSA_Zupo Field Fire Restoration_Design Services_10-5- 22.docx 9/21/2022
AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Amendment No. 2 to the Professional Services Agreement with WMB Architects, of Stockton, for Tony Zupo Field Fire Restoration Project Design Services ($20,000) MEETING DATE: October 5, 2022
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Adopt resolution authorizing City Manager to Execute Amendment No. 2 to the Professional Services Agreement with WMB Architects, of Stockton, for Tony Zupo Field Fire Restoration Project Design Services, in an amount not-to-exceed $20,000.
BACKGROUND INFORMATION: Zupo Field is located at 350 N. Washington Street. The facility was damaged by an arson fire in September 2019. City staff is working with WMB Architects to complete the design, permitting and bid documents.
At the January 19, 2022 meeting City Council authorized a Professional Services Agreement with WMB Architects of Stockton to perform the design services in the amount of $45,880. The scope of work includes project site survey, project design and project bidding support services for the construction of new dugouts, bull pen areas, and associated American With Disabilities Act (ADA) Improvements.
S
taff requested Amendment No. 1 in the amount of $8,800 for the design of a “Donor Wall” feature to be added to the project on August 23, 2022. The amendment was executed under the current City purchasing policy.
A
fter review of the project plans by the City Building Department it has been determined that the services of a Civil Engineer is required to complete the design of certain site elements that are outside the scope of this contract. Amendment No, 2, if approved, will cover the cost of the services of Baumbach & Piazza, Inc. The cost of this service is $9,250, which brings the total contract amount to $63,930. Once the project design is complete, staff will bring the project back to City Council for plan approval and authorization to bid.
Staff recommends authorizing City Manager to execute amendments to the Professional Services Agreement with WMB Architects, of Stockton, for Zupo Field Fire Restoration Project design services in an amount not-to-exceed $20,000.
F
ISCAL IMPACT: This project will replace the fire damaged structures and bring the facility to current ADA code Compliance.
Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement with WMB Architects, of Stockt on, for Tony Zupo Field Fire Restoration Project ($45,880)
January 19, 2022
\\cvcfilv02\pubwks$\WP\PROJECTS\PARKS\ZupoField\Fire Restoration Project 2022\CC Amend WMB PSA_Zupo Field Fire Restoration_Design Services_10- 5-22.docx 9/21/2022
FUNDING AVAILABLE: Parks Capital - Zupo Field Improvements
PKCP-22004.Contracts: $20,000
______________________________________
Andrew Keys
Deputy City Manager/Internal Services Director
_______________________________
Charles E. Swimley, Jr.
Public Works Director
_______________________________
Christina Jaromay
Parks, Recreation and Cultural Services Director
Prepared by Gary Wiman, Construction Project Manager
CES/GRW/cd
Attachment
Cc: Public Works Management Analyst WMB Architects
PRCS Management Analyst
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 WMB ARCHITECTS, OF STOCKTON, FOR
TONY ZUPO FIELD FIRE RESTORATION PROJECT DESIGN SERVICES
========================================================================
WHEREAS, Zupo Field is locat ed at 350 N orth Washington Street and t he facility was damaged by an arson fire in September 2019; and
WHEREAS, on January 19, 2022, City Council authorized a Professional Services Agreement with WMB Architects , of Stockton, to perform the design services in the amount of $45,880; and
WHEREAS, the scope of work includes project site survey, project design and project bidding support services for the construc tion of new dugouts, bull pen areas, and associated American With Disabilities Act (ADA) improvements; and
WHEREAS, on August 23, 2022, s taff executed Amendment No. 1 in the amount of $8,800 for the design of a “Donor Wall” feature to be added to the project under the current City purchasing policy; and
WHEREAS, a fter review of the project plans by the City Building Division, it has been determined that the services of a Civil Engineer are required to complete the design of certain site elements that are outside the scope of this contract; and
WHEREAS, staff recommends authorizing the City Manager to execute A mendment No. 2 to the Professional Services Agreement with WMB Architects, of Stockton, for Zupo Field Fire Restoration Project design services in an amount not to exceed $20,000.
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 WMB Architects, of Stockton, California, for the Zupo Field Fire Restoration Project design services in an amount not to exceed $20,000; and
BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol Manual (adopted 11/6/19, Resolution No. 2019- 223), the City Attorney is hereby authorized to make minor revisions to the above- referenced document(s) that do not alter the compensation or term, and to make clerical corrections as necessary.
Dated: October 5, 2022
=======================================================================
I hereby certi fy that Resolution No. 2022-__ was passed and adopted by the City Council of the City of Lodi in a regular meeting held October 5, 2022 by the following votes:
AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
OLIVIA NASHED
City Clerk
2022-_____
AGENDA ITEM C-08
COUNCIL COMMUNICATION
APPROVED: ________________________________
Stephen Schwabauer, City Manager
\\cvcfilv02\pubwks$\Transit\21) Grants\Measure K\MK Extension_FY20-21, FY21-22, FY22-23\Amendment #3_FY22-23\CC_MK Renewal Amendment #3.docx 9/15/2022 AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Amendment No. 3 to Extend Measure K Renewal Cooperative Agreement with the San Joaquin Council of Governments for GrapeLine Operations Revenue for Fiscal Year 2022/23 ($400,000) MEETING DATE: October 5, 2022
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute Amendment No. 3 to extend Measure K Renewal Cooperative Agreement with the San Joaquin Council of Governments for GrapeLine Operations Revenue for Fiscal Year 2022/23, in the amount of $400,000.
BACKGROUND INFORMATION: The San Joaquin Council of Governments (SJCOG) enters into three- year Measure K Cooperative Agreements with local agencies to provide funding to assist with the operating costs of their transit services. In 2017, Council authorized approval of the GrapeLine Operations Project for funding through a Measure K Renewal Cooperative Agreement for Fiscal Years 2017/18 through 2019/20. The Agreement provided $400,000 in Measure K revenue each year, in quarterly payments, for a three-year total of $1,200,000 for GrapeLine transit operations costs.
The original Measure K Cooperative Agreement expired on June 30, 2020. Normally, SJCOG would enter into new three-year agreements with the agencies in accordance with the 2019 Measure K Strategic Plan.
However, COVID-19 impacts to Measure K sales tax revenue were not known and SJCOG staff determined that agreements could be extended for Fiscal Year 2020/21. On June 25, 2020, the SJCOG Board of Directors approved an amendment to extend the Measure K Renewal Cooperative Agreement with the City of Lodi. On October 7, 2020, Lodi City Council adopted a resolution authorizing the City Manager to execute the Amendment for an additional $400,000 in operating revenue for Fiscal Year 2020/21.
In 2021, SJCOG staff again determined the existing Measure K Renewal Cooperative Agreement could be extended for an additional year, through Fiscal Year 2021/22. On May 27, 2021 the SJCOG Board of Directors approved a second amendment to extend the Agreement with the City of Lodi through FY 2021/22 for an additional $400,000. On March 2, 2022, Lodi City Council adopted a resolution authorizing the City Manager to execute the Amendment for an additional $400,000 in operating revenue for Fiscal Year 2021/22.
S
JCOG staff has again determined that the existing Measure K Renewal Cooperative Agreement can be extended for an additional year, through Fiscal Year 2022/23. On June 23, 2022 the SJCOG Board of Directors approved a third amendment to extend the Agreement with the City of Lodi through FY 2022/23 for an additional $400,000. The amendment requires City Council approval in order for the Transit Division to receive the allocation for Fiscal Year 2022/23.
Adopt Resolution Authorizing City Manager to Execute Amendment No. 3 to Extend Measure K Renewal Cooperative Agreement with the San Joaquin Council of Governments for GrapeLine Operations Revenue for Fiscal Year 2022/23 ($400,000) October 5, 2022
Staff recommends authorizing City Manager to execute Amendment No. 3 to extend Measure K Renewal Cooperative Agreement with the San Joaquin Council of Governments for GrapeLine Operations Revenue for Fiscal Year 2022/23, in the amount of $400,000. The total of Measure K Renewal funds for transit operating assistance will be $2,400,000 over the six year period of Fiscal Years 2017/18 through 2022/23.
FISCAL IMPACT: This action will allow the City to receive $400,000 in Measure K revenue to offset transit operating costs. Such revenue was budgeted in Fiscal Year 2022/23 for the transit program. There is not impact to the General Fund.
FUNDING AVAILABLE: Not applicable.
________________________________________
Charles E. Swimley, Jr.
Public Works Director
Prepared by Julia Tyack, Transportation Manager
CES/JMT/cd
Attachment
cc: Financial Services Manager
Ryan Niblock, SJCOG staff
RESOLUTION NO. 2022-____
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE
CITY MANAGER TO EXECUTE AMENDMENT NO. 3 TO EXTEND
MEASURE K RENEWAL COOPERATIVE AGREEMENT WITH THE
SAN JOAQUIN COUNCIL OF GOVERNMENTS FOR GRAPELINE
OPERATIONS REVENUE FOR FISCAL YEAR 2022/23
========================================================================
WHEREAS, the San Joaquin Council of Governments (SJCOG) enters into three- year Measure K Cooperative Agreements with local agencies to provide funding to assist with the operating costs of their transit services; and
WHEREAS, in 2017, Council authorized approval of the GrapeLine Operations Project for funding through a Measure K Renewal Cooperative Agreement for Fiscal Years 2017/18 through 2019/20, providing $400,000 in Measure K revenue each year, in quarterly payments, for a three-year total of $1,200,000 for GrapeLine transit operations costs; and
WHEREAS, normally, SJCOG would enter into new three- year agreements with the agencies in accordance with the 2019 Measure K Strategic Plan; however, COVID-19 impacts to Measure K sales tax revenue were not known and SJCOG staff determined that agreements could be extended for Fiscal Year 2020/21; and
WHEREAS, on June 25, 2020, SJCOG Board of Directors approved an amendment to extend the Measure K Renewal Cooperative Agreement with the City of Lodi and on October 7, 2020, Lodi City Council adopted a resolution authorizing the City Manager to execute the Amendment for an additional $400,000 in operating revenue for Fiscal Year 2020/21; and
WHEREAS, on May 27, 2021 the SJCOG Board of Directors approved a second amendment to extend the Agreement with the City of Lodi through FY 2021/22 for an additional $400,000 and on March 2, 2022, Lodi City Council adopted a resolution authorizing the City Manager to execute the Amendment for an additional $400,000 in operating revenue for Fiscal Year 2021/22; and
WHEREAS, on June 23, 2022 the SJCOG Board of Directors approved a third amendment to extend the Agreement with the City of Lodi through FY 2022/23 for an additional $400,000 and the amendment requires City Council approval in order for the Transit Division to receive the allocation for Fiscal Year 2022/23; and
WHEREAS, staff recommends authorizing the City Manager to execute A mendment No. 3 to extend Measure K Renewal Cooperative Agreement with the San Joaquin Council of Governments for GrapeLine Operati ons R evenue for Fiscal Year 2022/23, in the amount of $400,000.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute Amendment No. 3 to extend Measure K Renewal Cooperative Agreement with the San Joaquin Council of Governments for GrapeLine Operations Revenue for Fiscal Year 2022/23, in the amount of $400,000; and
BE IT FU RTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol Manual (adopted 11/6/19, Resolution No. 2019 -223), the City Attorney is hereby authorized to make minor revisions to the above- referenced document(s) that do not alter the compensation or term, and to make clerical corrections as necessary.
Dated: October 5, 2022
======================================================================== I hereby certify that Resolution No. 2022- ____ was passed and adopted by the City Council of the City of Lodi in a regular meeting held October 5, 2022 by the following vote:
AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
OLIVIA NASHED
City Clerk
2022-____
AGENDA ITEM C-09
COUNCIL COMMUNICATION
APPROVED: _________________________________
Stephen Schwabauer, City Manager
\\pw
adc02\msc$\GROUP\ADMIN\Council\2022\10052022\Solids Handling\CC_Solids Handling_LR.doc 9/22/2022 AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Amendment No. 2 with Carollo Engineers, Inc., of Walnut Creek, for Solids Handling Facility Improvements Design and Engineering Services ($170,000)
MEETING DATE: October 5, 2022
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Adopt Resolution authorizing City Manager to execute Amendment No. 2 with Carollo Engineers, Inc., of Walnut Creek, for Solids Handling Facility Improvements Design and Engineering Services, in the amount of $170,000.
BACKGROUND INFORMATION: On April 15, 2020, Council authorized the City Manager to execute a Professional Services Agreement with Carollo Engineers to provide assistance with the procurement and installation of a new dewatering screw press, ancillary equipment, and Digester No. 3 pump mixing system for improvements at the White Slough Water Pollution Control Facility, in the amount of $162,500.
The intent of the original agreement was to procure the project improvements utilizing a progressive design build process. Staff later determined the design bid build process would better fit the project scope and result in more control over the design process. Amendment No.1, approved by Council on September 1, 2021 added $110,922 of additional funding to prepare final design documents and extended the contract term through September 30, 2022. The design is now complete and staff will request Council approve plans and specifications and authorize bidding at the October 19, 2022 meeting.
If approved, Amendment No. 2 will add additional funding for engineering services during construction in the amount of $170,000, for a total contract amount not-to-exceed $443,422. Engineering services during construction includes the review of construction submittals, responding to contractors requests for information, and the preparation of record drawings upon project completion. The project estimate is $2,000,000.
Staff recommends authorizing City Manager to execute Amendment No. 2 with Carollo Engineers, Inc., of Walnut Creek, for Solids Handling Facility Improvements Design and Engineering Services, in the amount of $170,000.
FISCAL IMPACT: This project is necessary to maintain wastewater treatment compliance and to avoid potential fines and penalties from the State. This does not impact the General Fund.
FUNDING AVAILABLE: Wastewater Capital (53199000.77020)
___________________ ___________________
Andrew Keys
Deputy City Manager/Internal Services Director
_______________________________
Charles E. Swimley, Jr.
Public Works Director
Prepared by Lance Roberts, Utilities Manager
CES/LR/tw
Attachment
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 CAROLLO ENGINEERS, INC., OF
WALNUT CREEK, FOR SOLIDS HANDLING FACILITY IMPROVEMENTS
DESIGN AND ENGINEERING SERVICES
========================================================================
WHEREAS, on April 15, 2020, Council authorized the City Manager to execute a Professional Services Agreement with Carollo Engineers to provide assistance wi th the procurement and installation of improvements at White Slough Water Pollution Control Facility.
Amendment No. 1 was approved on September 1, 2021 to extend the contract term and include additional design services; and
WHEREAS, Amendment No. 2 allows for additional funding for engineering services during construction, including review of construction submittals, responding to contractors’ request for information, and preparation of record drawings; and
WHEREAS, staff recommends authorizing the Cit y Manager to execute Amendment No. 2 with Carollo Engineers, Inc., in the amount of $170,000, for a total not -to-exceed amount of $443,422.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute Amendm ent No. 2 to the Professional Services Agreement with Carollo Engineers, Inc., of Walnut Creek, California, in the amount of $170,00 , for engineering services during construction and extending the term of the agreement to September 30, 2023; and
BE IT F URTHER 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: October 5, 2022
======================================================================== I hereby certify that Resolution No. 2022- ____ was passed and adopted by the City Council of the City of Lodi in a regular meeting held October 5, 2022, by the following vote:
AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
OLIVIA NASHED
City Clerk
2022-____
AGENDA ITEM C-10
COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Amendment 2 to Professional Services Agreement with Wilson Consulting of San Clemente for Lodi Electric Utility Organizational Gap Analysis and Preferred Work Methods Development Services ($75,000)
M
EETING DATE: October 5, 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 Wilson Consulting of San Clemente for Lodi Electric Utility Organizational Gap Analysis and Preferred Work Methods Development Services in an amount not-to-exceed $75,000.
BA
CKGROUND INFORMATION: In December 2020, City Council approved a Professional Services Agreement (Agreement) with Wilson Consulting (Wilson) to perform a third party, organizational gap analysis of current work practices within Lodi Electric Utility (LEU) as well as develop detailed construction and maintenance preferred work method procedures and documentation.
I
n December 2021, City Council approved Amendment 1 to the Agreement with Wilson. During 2021, LEU and Wilson completed a detailed organizational gap analysis and developed 14 detailed preferred work methods for protective grounding procedures, ladder safety, wood pole climbing, aerial lift operations, rubber gloving, live line procedures, arc flash protection guidelines, excavation safety, substation equipment instructions/documentation, rigging, switch out/tag out procedures, no-test/hot line orders and more. In 2022, LEU and Wilson completed an additional 10 detailed preferred work methods for pulling underground cable, chainsaw safety, ergonomics for field staff, troubleshooting and fault locating and more.
LE
U is proposing to once again extend the Agreement with Wilson to develop additional required preferred work methods and training documentation focusing on line construction standards updates, inspector training, railroad safety, reconductoring/wire stringing, forklift operator safety and more. LEU will also utilize this additional scope of work scope to assist with performance scorecard management and employee survey follow-up.
T
he cost of this additional work is estimated to not exceed $75,000. Including the original contract amount of $184,160, Amendment 1 in the amount of $100,000, and this proposed amendment, the total revised contract amount will not exceed $359,160.
A
ll work is scheduled to be completed by December 2023.
Adopt Resolution Authorizing City Manager to Execute Amendment 2 to Professional Services Agreement with Wilson Consulting of San Clemente for Lodi Electric Utility Organizational Gap Analysis and Preferred Work Methods Development Services ($75,000) October 5, 2022
FISCAL IMPACT: Not-to-exceed amount of $75,000 for the additional proposed work.
FUNDING AVAILABLE: Account No. 50064100.72450.
_______________________________________
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 WILSON CONSULTING, OF SAN CLEMENTE,
FOR LODI ELECTRIC UTILITY ORGANIZATIONAL GAP ANALYSIS AND
PREFERRED WORK METHODS DEVELOPMENT SERVICES
========================================================================
WHEREAS, in December 2020, City Council approved a Professional Services Agreement (Agreement) with Wilson Consulting (Wilson) to perform a third party, organizational gap analysis of current work practices within Lodi Electric Utility (LEU) as well as develop detailed construction and maintenance preferred work method procedures and documentation; and
WHEREAS, in December 2021, City Council approved Amendment No. 1 to the Agreement with Wilson; and
WHEREAS, during 2021, LEU and Wilson completed a detailed organizational gap analysis and developed 14 detailed preferred work methods for protective grounding procedures, ladder safety, wood pole climbing, aerial lift operations, rubber gloving, live line procedures, arc flash protection guidelines, excavation safety, substation equipment instructions/documentation, rigging, switch out/tag out procedures, no-test/hot line orders and more; and
WHEREAS, in 2022, LEU and Wilson completed an additional 10 detailed preferred work methods for pulling underground cable, chainsaw safety, ergonomics for field staff, troubleshooting and fault locating and more; and
WHEREAS, LEU is proposing to once again extend the Agreement with Wilson to develop additional required preferred work methods and training documentation focusing on line construction standards updates, inspector training, railroad safety, reconductoring/wire stringing, forklift operator safety, as well as assist with performance scorecard management and employee survey follow-up.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manag er to execute Amendment No. 2 to the Professional Services Agreement with Wilson Consulting , of San Clemente, California, for Lodi Electric Utility Organizational Gap Analysis and Preferred Work Methods Development Services in an amount not to exceed $75,000 for a total revised contract amount not to exceed $359,160; 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: October 5, 2022
======================================================================== I hereby certify that Resolution No. 2022-____ was passed and adopted by the City Council of the City of Lodi in a regular meeting held on October 5, 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-11
COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Confirmation No. 0269 Under Northern California Power Agency Support Services Program Agreement for After Hours Answering and Dispatch Services for Electric Utility and Public Works Departments for a Period of Three Years ($281,460)
M
EETING DATE: October 5, 2022
P
REPARED BY: Electric Utility Director
Public Works Director
RE
COMMENDED ACTION: Adopt a resolution authorizing the City Manager to execute Confirmation No. 0269 under the Northern California Power Agency (NCPA) Support Services Program Agreement for after hours answering and dispatch services for the Electric Utility and Public Works Departments for a period of three years in an amount not-to-exceed $281,460.
BA
CKGROUND INFORMATION: In March 2020, the City Council authorized Lodi Electric Utility (LEU) and Public Works (PW) to contract with NCPA through their Support Services Program Agreement (SSPA) and use the services of Cooperative Response Center, Inc. (CRC) to provide after hours answering and dispatch services.
A
uthorized by Resolution 2016-162, the SSPA with NCPA provides an opportunity for Lodi to use pre-approved vendors and contracts for services by executing a Confirmation for those specific services.
Al
l funds under the existing Confirmation for CRC’s services approved in 2020 are expected to run out by the end of September 2022 and staff are therefore requesting to renew the agreement with CRC through NCPA for a period of three years.
C
RC is a nationwide, cooperatively owned and operated, 24/7 contact center and answering service provider who specializes in utilities, including round-the-clock dispatch and customer care. They currently serve over 500 members in 47 states, representing over 10 million consumers. CRC continues to provide a valuable service to Lodi residents and businesses outside of normal business hours.
E
stimated annual cost for these services is approximately $84,000. Actual costs could be higher depending on call volume and number of after hours emergencies. Costs are shared amongst LEU and PW. Including NCPA contract administration fees, staff are requesting approval for a three-year agreement not-to-exceed $281,460.
F
ISCAL IMPACT: Not to exceed $281,460 over three years.
Adopt Resolution Authorizing City Manager to Execute Confirmation No. 0269 Under Northern California Power Agency Support Ser vices Program Agreement for After Hours Answering and Dispatch Services for Electric Utility and Public Works Departments for a Period of Three Years ($281,460) October 5, 2022
FUNDING AVAILABLE: Funds available in Fiscal Year 2022/23 in Account No. 50061000.72499 (LEU), 53053001.72499 (PW), and 56052001.72499. Future years will be budgeted for accordingly as part of the annual budget planning process.
_______________________________________
Andrew Keys
Deputy City Manager/Internal Services Director
________________________________________
Jeff Berkheimer
Electric Utility Director
________________________________
Charles E. Swimley
Public Works Director
RESOLUTION NO. 2022-____
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE
CITY MANAGER TO EXECUTE CONFIRMATION NO. 0269 UNDER
NORTHERN CALIFORNIA POWER AGENCY SUPPORT SERVICES
PROGRAM AGREEMENT FOR AFTER HOURS ANSWERING AND DISPATCH
SERVICES FOR ELECTRIC UTILITY AND PUBLIC WORKS DEPARTMENTS ========================================================================
WHEREAS, in March 2020, the City Council authorized Lodi Electric Utility (LEU) and Public Works (PW) to contract with NCPA through their Support Services Program Agreement (SSPA) and use the services of Cooperative Response Center, Inc. (CRC) to provide after hours answering and dispatch services; and
WHEREAS, authorized by Resolution 2016- 162, the SSPA with NCPA provides an opportunity for Lodi to use pre- approved vendors and contracts for services by executing a Confirmation for those specific services; and
WHEREAS, all funds under the existing Confirmation for CRC’s services approved in 2020 are expected to run out by the end of September 2022 and staff are therefore requesting to renew the agreement with CRC through NCPA for a period of three years; and
WHEREAS, CRC is a nationwide, cooperatively owned and operated, 24/7 contact center and answering service provider who specializes in utilities, including a round-the-clock dispatch and customer care and t hey currently serve over 500 members in 47 states, representing over 10 million consumers; and
WHEREAS, estimated annual cost for these services is approximately $84,000, not including NCPA administrative fees. Actual costs could be higher depending on call volume and number of after hours emergencies. Costs for these services are shared by LEU and PW.
NOW, THEREFORE, BE IT RESOLVED, that the Lodi City Council does hereby authorize t he City Manager to execute Confirmation No. 0269 under the Northern California Power Agency (NCPA) Support Services Program Agreement for after hours answering and dispatch services for the Electric Utility and Public Works Departments for a period of three years in an amount not to exceed $281,460.
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: October 5, 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 October 5, 2022 by the following votes:
AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
OLIVIA NASHED
City Clerk
2022-_____
AGENDA ITEM C-12
COUNCIL COMMUNICATION
APPROVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Adopt Resolution Authorizing the Lodi Police Department to Participate in the Selective Traffic Enforcement Program Grant Funded by the Office of Traffic Safety and Authorize the City Manager to Execute the Grant Documents on Behalf of the City of Lodi and Appropriate Funds ($150,000)
MEETING DATE: October 5, 2022
PREPARED BY: Chief of Police
RECOMMENDED ACTION: Adopt resolution authorizing the Lodi Police Department to participate in the Selective Traffic Enforcement Program Grant funde d by the Office of Traffic Safety and authorize the City Manager to execute the grant documents on behalf of the City of Lodi and appropriate funds in the amount of $150,000.
BACKGROUND INFORMATION: Lodi has a significant problem with alcohol and speed-related fatal and injury collisions, including those involving pedestrians, bicyclists, hit-and- run drivers, and motorcyclists.
With grant funding, the Lodi Police Department deploys existing officers on weekend and holiday evenings for DUI saturation enforcement and will conduct six DUI checkpoints during the grant period. The grant includes motorcycle saturation enforcement, bicycle/pedestrian enforcement, and general traffic safety enforcement. To address hit-and-run collisions, the Lodi Police Department will conduct driver’s license checkpoints at all DUI checkpoints. As part of this year’s grant award the department was also awarded funding for the purchase of a new Harley Davidson motorcycle to be used for DUI enforcements and other traffic safety operations.
By adopting this resolution, the Lodi Police Department will receive $150,000 in grant funding from the Office of Traffic Safety (OTS) to implement a comprehensive traffic safety enforcement program to reduce fatal and injury collisions where the primary collision factor is driving under the influence (DUI) or speed. The project will strive to reduce motorcycle involved fatal and injury collisions, and bicycle/pedestrian involved collisions.
With Council approval, the City of Lodi and State of California OTS will enter into an agreement that provides $150,000 to the City to fund enhanced enforcement, grant-required training, and the purchase of related materials. Staff further requests authorization for the City Manager to execute the grant documents on behalf of the City of Lodi.
Adopt Resolution Authorizing the Lodi Police Department to Participate in the Selective Traffic Enforcement Program Grant Funded by the Office of Traffic Safety and Authorize the City Manager to Execute the Grant Documents on Behalf of the City of Lodi and Appropriate Funds ($150,000) October 5, 2022
FISCAL IMPACT: $150,000 in revenue and expe nses be appropriated in the State Special Grant accounts.
FUNDING AVAILABLE: Funds in the amount of $150,000 be appropriated as follows:
State Special Grants 21400000 56421 $ 150,000.00 Revenue Overtime 21499000 71002 $ 105,319.00 Expense
Medicare Insurance 21499000 71015 $ 482.00 Expense Special Dept Materials 21499000 72352 $ 1,972.00 Expense Vehicles 21499000 77040 $ 40,000.00 Expense
Training and Education 21499000 72358 $ 2,227.00 Expense
_______________________________________
Andrew Keys
Deputy City Manager/Internal Services Director
________________________________________
Sierra Brucia
Chief of Police
RESOLUTION NO. 2022-____
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE LODI POLICE
DEPARTMENT TO PARTICIPATE IN THE SELECTIVE TRAFFIC ENFORCEMENT PROGRAM GRANT FUNDED BY THE OFFICE OF TRAFFIC SAFETY;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT DOCUMENTS;
AND FURTHER APPROPRIATING FUNDS
========================================================================
WHEREAS, by Council adoption of this Resolution, the Police Department will receive grant funding from the Officer of Traffic Safety (OTS) to implement a comprehensive traffic safety enforcement program to reduce fatal and injury collisions where the primary collision factor is driving under the influence (DUI) or speed. The project will reduce motorcycle-involved fatal and injury collisions and bicycle/pedestrian-involved collisions; and
WHEREAS, the Police Department deploys existing officers on weekend and holiday evenings for DUI saturation en forcement and will conduct s ix DUI checkpoints during the grant period. The grant includes motorcycle saturation enforcement, bicycle/pedestrian enforcement, and general traffic safety enforcement. To address hit-and-run collisions, the Police Department will conduct driver’s license checkpoints at all DUI checkpoints; and
WHEREAS, with Council approval, the City of Lodi and State of California OTS will enter into an agr eement that provides $150,000 to the City to fund enhanced enforcement, grant required training, a Harley Davidson motorcycle for use in enforcements, and the purchase of related materials and equipment.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the Lodi Police Department to participate in a selective traffic enforcement program grant funded by the Office of Traffic Safety; and
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the grant documents on behalf of the City of Lodi; and
BE IT FURTHER RESOLVED that funds in the amount of $150,000 be appropriated as follows:
Date: October 5, 2022
========================================================================
I hereby certify that Resolution No. 2022-____ was passed and adopted by the Lodi City Council in a regular meeting held October 5, 2022, by the following vote:
AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
OLIVIA NASHED
City Clerk
2022-____
State Special Grants 21400000 56421 150,000.00$ Revenue Overtime 21499000 71002 105,319.00$ Expense
Medicare Insurance 21499000 71015 482.00$ Expense Special Dept Materials 21499000 72352 1,972.00$ Expense Vehicles 21499000 77040 40,000.00$ Expense
Training and Education 21499000 72358 2,227.00$ Expense AGENDA ITEM C-13
COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Adopt Resolution Amending Lodi Electric Utility Electric Vehicle Strategy by Revising and Adding Customer Rebates and Incentives
M
EETING DATE: October 5, 2022
P
REPARED BY: Electric Utility Director
RE
COMMENDED ACTION: Adopt a resolution amending the Lodi Electric Utility (LEU) Electric Vehicle (EV) Strategy by revising and adding customer rebates and incentives.
B
ACKGROUND INFORMATION: In 2019, the City Council authorized the implementation of an EV strategy to fund an EV charger and installation rebates for residential and commercial accounts.
For
residential customers, rebates included up to $500 for the purchase of a charger and up to $500 for installation. For commercial customers, rebates included up to $1,000 for the purchase of a charger and up to $1,000 for installation. In 2020, the strategy was amended to increase the total available rebate to commercial customers from $2,000 to $6,000.
I
n early 2022, City Council amended the EV strategy once again to expand incentives to customers by authorizing staff to establish a pilot EV purchase rebate program for new a nd used zero emission and low emission vehicles in the amount of $1,000 for a standard rebate and $3,500 for an income-qualified rebate.
T
he table below summarizes current rebates and incentives as well as proposed changes and additions to the current EV strategy. The changes are intended to offer more options for income qualified customers as well as focus on more effective strategies related to electrification programs in the transportation sector.
Current Incentive/Rebate Proposed
$500 EV Charger – Residential $500
$500 EV Charger Install – Residential $500
NEW EV Charger – Residential (Income Qualified) $750
NEW EV Charger Install – Residential (Income Qualified) $750 $3,000 Level II EV Charger – Commercial $3,000
$3,000 Level II EV Charger Install - Commercial $3,000
NEW DC Fast Charger – Commercial/Multi-Family $4,000
NEW DC Fast Charger Install – Commercial/Multi-Family $4,000 $1,000 New/Used Zero Emission Vehicle $1,000*
$3,500 New/Used Zero Emission Vehicle (Income Qualified) $3,500* Adopt Resolution Amending Lodi Electric Utility Electric Vehicle Strategy by Revising and Adding Customer Rebates and Incentives October 5, 2022
*Staff propose the EV strategy be amended to focus on EV purchase rebates for zero emission vehicles only which would not include low -emission or hybrid vehicles in an effort to prioritize current funding efforts.
FISCAL IMPACT: Actual expenditures will depend on the number of incentives and rebates applied for and approved.
FUNDING AVAILABLE: The Fiscal Year 2022/23 budget includes $60,000 in Greenhouse Gas Funds (Account No. 50862500.72990) for EV chargers and installation and $135,000 in Low Carbon Fuel Standard (LCFS) Funds (Account No. 50362500.72990). Actual LCFS Funds available will depend on the timing and availability of credit sales.
__________________________________________________________ Andrew Keys
Deputy City Manager/Internal Services Director
________________________________________
Jeff Berkheimer
Electric Utility Director
RESOLUTION NO. 2022-____
A RESOLUTION OF THE LODI CITY COUNCIL AMENDING LODI ELECTRIC
UTILITY ELECTRIC VEHICLE STRATEGY BY REVISING AND ADDING
CUSTOMER REBATES AND INCENTIVES
========================================================================
WHEREAS, Lodi Electric Utility (LEU) recognizes that an electric vehicle (EV) strategy is a key component for advancing the deployment of zero -emission vehicles and achieving greenhouse gas emissions; and
WHEREAS, in 2019, the City Council authorized the implementation of an EV strategy to fund an EV charger and installation rebates for residential and commercial accounts; and
WHEREAS, as part of the initial strategy, for residential customers, rebates included up to $500 for the purchase of a charger and up to $500 for installation; and for commercial customers, rebates included up to $1,000 for the purchase of a charger and up to $1,000 for installation; and
WHEREAS, the EV strategy encouraged staff to conduct both short -term and long-term planning to continue to reduce financial barriers to EV implementation, and to advance other EV initiatives; and
WHEREAS, in 2020, the strategy was amended to increase the total available rebate to commercial customers from $2,000 to $6,000; and
WHEREAS, in early 2022, City Council amended the EV strategy once again to expand incentives to customers by authorizing staff to establish a pilot EV purchase rebat e program for new and used zero-emission and low-emission vehicles in the amount of $1,000 for a standard rebate and $3,500 for an income-qualified rebate; and
WHEREAS, based upon new information obtained by comparing EV rebate programs across other municipal power providers, staff propose changes to the EV strategy to offer more options for income qualified customers , as well as focus on more effective strategies related to electrification programs in the transportation sector; and
WHEREAS, LEU staff will work to develop the necessary terms and conditions associated with the proposed rebate programs.
NOW, THEREFORE, BE IT RESOLVED, that the Lodi City Council does hereby authorize amending the LEU EV strategy by revising and adding customer rebates and incentives as identified in the table below:
Current Incentive/Rebate Proposed
$500 EV Charger – Residential $500
$500 EV Charger Install – Residential $500
NEW EV Charger – Residential (Income Qualified) $750
NEW EV Charger Install – Residential (Income Qualified) $750 $3,000 Level II EV Charger – Commercial $3,000
$3,000 Level II EV Charger Install - Commercial $3,000
NEW DC Fast Charger – Commercial/Multi-Family $4,000
NEW DC Fast Charger Install – Commercial/Multi-Family $4,000 $1,000 New/Used Zero Emission Vehicle $1,000*
$3,500 New/Used Zero Emission Vehicle (Income Qualified) $3,500*
*EV strategy amended to focus on EV purchase rebates for zero emission vehicles only which would not include low- emission or hybrid vehicles in an effort to prioritize current funding efforts.
Dated: October 5, 2022
======================================================================== I hereby certify that Resolution No. 2022-____ was passed and adopted by the City Council of the City of Lodi in a regular meeting held October 5, 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 a resolution authorizing the appropriation of funds to the Substation Relay Modernization Capital Improvement Project for Fiscal Year 2023 in the amount of $200,000.
M
EETING DATE: October 5, 2022
P
REPARED BY: Electric Utility Director
RE
COMMENDED ACTION: Adopt a resolution authorizing the appropriation of funds to the Substation Relay Modernization Capital Improvement Project for Fiscal Year 2023 in the amount of $200,000.
B
ACKGROUND INFORMATION: Lodi Electric Utility’s (LEU) Killelea Substation provides electricity to residents and businesses located in the central portion of the City and has protective relays that are approaching end of useful life.
T
he City has four substations with end-of-life or soon-to-be end-of-life protective relays that are in need of replacement.
One of the four substations was completed and modernized up to City and industry standards.
I
ndustry practice is to consistently test and maintain equipment until end-of-life occurs, where replacement is imminent.
Industrial Substation 60kV protective relays are slated to be replaced in 2023 due to similar issues that Killelea Substation protective relays are experiencing. LEU is standardizing all protective relays for all substations to increase training and operational efficiencies, backup device ordering and inventory stocking, and provide familiarity for troubleshooting. While work at Killelea Substation was originally anticipated to be completed a few years out, staff feel it is important to complet e the work sooner than later. Avoiding replacement could result in equipment reliability and public safety impacts.
T
he current budget for various stages of the relay upgrade work totals $1,144,073. With the additional $200,000 needed for Killelea Substation, the revised project budget for the Substation Relay Modernization Project will total $1,344,073 for Fiscal Year 2023.
F
ISCAL IMPACT: This portion of the project is estimated to cost $200,000.
F
UNDING AVAILABLE: Staff are requesting an appropriation of funds in the amount of $200,000 from Fund 501 to 50199000.77020 (EUCP-22005).
_______
________________________________
Andrew Keys
Deputy City Manager/Internal Services Director
____
____________________________________
J eff Berkheimer
Electric Utility Director
Project Title: #196
Section I: Description District Nos: 2,3,4,5 Project Length 7/22-6/25 Priority High Section II: Estimated Project Costs
Expenditure Prior Years FY 21/22
Estimate
FY 22/23 Budget FY 23/24 FY 24/25 FY 25/26 FY 26/27 Future Yrs Total Internal Staff -$ 158,000$ 120,000$ 120,000$ 398,000$ Contracts -$ 1,024,073$ 100,000$ -$ 1,124,073$ Miscellaneous -$ 62,000$ 80,000$ 80,000$ 222,000$ -$ -$
-$ -$
Total Capital Costs -$ 1,024,073$ 320,000$ 200,000$ 200,000$ -$ -$ -$ 1,744,073$ Section III: Funding Sources/Methods o
Funding Source(s) Prior Years FY 21/22
Estimate
FY 22/23 Budget FY 23/24 FY 24/25 FY 25/26 FY 26/27 Future Yrs Total 501 - EU Outlay Capital Reserve Fund -$ 1,024,073$ 320,000$ 200,000$ 200,000$ 1,744,073$ -$ -$
Total Project Financing -$ 1,024,073$ 320,000$ 200,000$ 200,000$ -$ -$ -$ 1,744,073$ Capital Improvement Plan
FY 2022-2023
FY 22 and 23 includes funding in the amount of $1,024,073 + $120K for Industrial (60 kV). Funds are being moved from FY 25 to FY 23 for Killelea (60 kV and 12 kV) and reduced based on identified cost savings by performing work using existing utility staff ($200K). FY 24 includes funding for Industrial (12 kV) and also includes an updated estimate and identified cost savings ($200K). FY 25 includes funding for Henning (60 kV and 12 kV) and also includes an updated estimate and identified cost savings ($200K).
Additional Information
Per Pacific Gas and Electric (PG&E), our incoming relay protection within Industrial Substation has significant cordination (device-to-device safety) issues that results in slower clearing times and reduced reiability for all of Lodi Electric Utility's (LEU) power supply. In addition to our incoming power supply protection is the outdated equipment we have at Industrial Substation, Henning Substation, and Killelea Substation. To solve this, substation modernization and standardization would upgrade and standardize all remaining protection and control devices, remote terminal units, and accompanied SCADA screens. Modernizing and standardizing our substation equipment will not only increase asset reliability and protection, but will also allow for greater field worker safety due to the increased protection capabilities built-into the equipment, proven at McLane Substation. The standardization process will eliminate the need to stock multiple vendor equipment types, while also increasing LEU Technician understanding and familiarity of single-vendor equipment throughout all substations.
Justification/factor driving project
The purpose of ths multi-year project is to upgrade and modernize three of the four total substations with modern protection devices to replace outdated and end-of-life equipment. The modernization will allow for greater protection and visibility of highly valuable substation equipment as well as the coordination of protection and power supply between Pacific Gas and Electric and Lodi Electric Utility.
Substation Relay Modernization EUCP-22005Munis Project Code:
RESOLUTION NO. 2022-____
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING
APPROPRIATION OF FUNDS TO SUBSTATION RELAY MODERNIZATION CAPITAL IMPROVEMENT PROJECT FOR FISCAL YEAR 2023
========================================================================
WHEREAS, Lodi Electric Utility’s (LEU) Killelea Substation provides electricity to residents and businesses located in the central portion of the City and has protective relays that are approaching end of useful life; and
WHEREAS, the City has four substations with end- of-life or soon- to-be end- of-life protective relays that are in need of replacement; and
WHEREAS, industry practice is to consistently test and maintain equipment until end- of- life occurs, where replacement is imminent; and
WHEREAS, Industrial Substation 60kV protective relays are slated to be replaced in 2023 due to similar issues that Killelea Substation protective relays are experiencing; and
WHEREAS, LEU is standardizing all protective relays for all substations to increase training and operational efficiencies, backup device ordering and inventory stocking, and provide familiarity for troubleshooting; and
WHEREAS, while work at Killelea Substation was originally anticipated to be completed a few years out, staff feel it is important to complete the work sooner as avoiding replacement will result in equipment and public safety concerns as well as prolonged outages; and
WHEREAS, staff is recommending to appropriate funds in the amount of $200,000 from Fund 501 to Account No. 50199000.77020 for said project (EUCP-22005).
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the appropriation of funds to the Substation Relay Modernization Capital Improvement Project (EUCP-22005) for Fiscal Year 2023 in the amount of $200,000 as noted above for a total approved budget of $1,344,073.
Dated: October 5, 2022
======================================================================== I hereby certify that Resolution No. 2022-____ was passed and adopted by the City Council of the City of Lodi in a regular meeting held on October 5, 2022 by the following vote:
AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
OLIVIA NASHED
City Clerk
2022-____
AGENDA ITEM C-15
COUNCIL COMMUNICATION
APPROVED: _________________________________
Stephen Schwabauer, City Manager
\\pwadc02\msc$\GROUP\ADMIN\Council\2022\10052022\Forklift\CCForklift Appropriate.doc 9/21/2022 AGENDA TITLE: Adopt Resolution Appropriating Funds for Municipal Service Center Forklift ($40,000) M
EETING DATE: October 5, 2022
P
REPARED BY: Public Works Director
RE
COMMENDED ACTION: Adopt resolution appropriating funds for Municipal Service Center forklift, in the amount of $40,000.
B
ACKGROUND INFORMATION: The Public Works Department originally budgeted for a new forklift for the Municipal Service Center in Fiscal Year 2020/21. However, during that time, due to COVID, a temporary hold was placed on capital vehicle and equipment purchases. As purchase authorization resumed, staff had a difficult time securing a new forklift for the original budget of $40,000 and were receiving quotes at nearly double the cost due to supply shortages. Also at this time, the original budget appropriation expired.
R
ecently, staff has looked at pre-owned options that would meet the needs of the municipal maintenance staff while remaining within the original budget amount of $40,000. The appropriation request is necessary to replace the appropriation that expired at the end of the Fiscal Year 2020/21 budget year.
F
ISCAL IMPACT: This appropriation does not impact the General Fund and will assist the Municipal Utility Services Division in its continuing efforts to maintain the City of Lodi’s infrastructure.
F
UNDING AVAILABLE: Water Capitol (56199000.77040).
_______________________
_______________
Andrew Keys
Deputy City Manager/Internal Services Director
_______________________________
Charles E. Swimley, Jr.
Public Works Director
Prepared by Andrew Richle, Utilities Superintendent
CES/AR/tw
Attachments
RESOLUTION NO. 2022-____
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING
APPROPRIATION OF FUNDS FOR
MUNICIPAL SERVICE CENTER FORKLIFT
========================================================================
WHEREAS, the Public Works Department originally budgeted for a new forklift in Fiscal Year 2020/21, however, due to COVID, a temporary hold was placed on capital vehicle and equipment purchases; and
WHEREAS, staff inadvertently omitted the encumbrance of funds for the Fiscal Year 2021/22 and subsequent 2022/23 budgets; and
WHEREAS, staff recommends authorizing the appropriation of funds for a M unicipal Services Center forklift purchase in the amount of $40,000 to account 56199000.77040.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the appropriation of funds for a municipal services center forklift purchase in the amount of $40,000 to account 56199000.77040; 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: October 5, 2022
======================================================================== I hereby certify that Resolution No. 2022- ____ was passed and adopted by the City Council of the City of Lodi in a regular meeting held October 5, 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-16
COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: A dopt a Resolution Approving Year 2022 Amendments to Conflict of Interest Code Government Code Section 87306.5
M
EETING DATE: October 5, 2022
P
REPARED BY: City Attorney
RE
COMMENDED ACTION: A dopt a Resolution Approving Year 2022 Amendments to Conflict of Interest Code Government Code Section 87306.5.
BACKGROUND INFORMATION: The City Council must, as the reviewing body under the California Political Reform Act, review the City’s Conflict of Interest Code biennially to determine whether or not an amendment to the Code is necessary.
The attached resolution makes changes to the Code based on conditions occurring since the last update for 2020 (Resolution No. 2021-11). The attached resolution was published in draft form by Council to begin the 45-day public comment period on the proposed changes.
T
he majority of the changes in the Code reflect little more than title changes of positions, the addition of new positions and consultants and the deletion of positions and consultants as reflected in the 2021 /2022 and 2022/2023 budgets. For Council’s convenience, the changes to the Code are reflected in u nderline/strikeout form in the draft resolution attached to this Council Communication.
F
ISCAL IMPACT: Not applicable.
F
UNDING AVAILABLE: Not applicable.
________________________________
Janice D. Magdich
City Attorney
Attachment: Resolution Amending City’s Conflict of Interest Code
AGENDA ITEM C-17
APPR
OVED: ________________________________________
Stephen Schwabauer, City Manager
CITY OF LODI
COUNCIL COMMUNICATION
TM
AG
ENDA TITLE: Rescind Resolution 2022-58 and Adopt Resolution Authorizing Issuance of Procurement Cards to Specified Positions
M
EETING DATE: October 5, 2022
P
REPARED BY: Budget Manager
RE
COMMENDED ACTION: Rescind resolution 2022-58 and adopt resolution authorizing issuance of procurement cards to specified positions.
B
ACKGROUND INFORMATION: The City’s procurement card program began on September 7 , 2011 and has been revised as needed. Council last adopted R esolution 2022-58 on March 2, 202 2 with the positions authorized to hold procurement cards. Since the la st revision, departments have expressed a need to update the authorized position list.
S
taff is recommending that procurements cards be issued to Service Writer, Administrative Analyst, Program Coordinator, and Street Superintendent. The list also includes a position title update to Compliance Manager and deletion of one Management Analyst card.
T
he attached resolution lists the positions that are to be approved to hold procurement cards. Changes are listed in bold face type . The City Manager is authorized to issue the cards to the incumbents and set the limits of such cards in accordance with the parameters of the Lodi Municipal Code.
FI
SCAL IMPACT: Staff efficiencies are expected as greater flexibility is granted in our purchasing process. During fiscal year 2021 -22, existing cardholders completed over 2,700 transactions totaling more than $2.18 million for goods and services with procurement cards. The City received $ 37,422 in rebates from the purchasing card program.
F
UNDING AVAILABLE: Expenses charged to procurement cards are included in departmental appropriations.
__________
________________________
Andrew Keys, Deputy City Manager
EXHIBIT A
Department Position
City Manager Business Development Manager
City Manager
Deputy City Manager/Internal Services Director
Executive Administrative Assistant
Public Information Officer
City Attorney City Attorney
Deputy City Attorney
Risk Manager
Risk Manager Technician
City Clerk Assistant City Clerk
City Clerk
Community Development Administrative Assistant
Director
Internal Services Accounting Manager
Administrative Analyst
Administrative Assistant
Budget Manager
Human Resources Manager
Human Resources Technician
Information Technology Manager
Information Systems Specialist
Network Administrator
Management Analyst – Human Resources
Revenue Manager
Supervising Accountant
Electric Utility Administrative Assistant
Construction/Maintenance Supervisor
Director
Electric Distribution Operations Supervisor
Electric Foreperson
Electric Utility Business Analyst
Electric Utility Resources Analyst
Electric Utility Superintendent
Electrical Engineer
Electrical
Materials Technician
Engineering and Operations Manager
Field Services Supervisor
Rates and Resources Manager
Senior Power Engineer
Substation/Metering Supervisor
Troubleshooting Supervisor
Utility Warehouse Supervisor
Utility Equipment Specialist
Library Director
Literacy Program Manager
Police Administrative Assistant
Captain
Chief
Management Analyst
EXHIBIT A
Department Position
Police (cont'd) Police Officer assigned as the Community Liaison Officer Senior Administrative Clerk
Fire Battalion Chief
Captain
Chief
Deputy Fire Chief
Fire Engineer assigned as the Administrative Training Officer Management Analyst
Parks, Recreation and Cultural Services Administrative Assistant Administrative Analyst
Building Services Supervisor
Deputy Director PRCS
Director
Management Analyst
Park Maintenance Worker III
Park Supervisor
Parks & Properties Superintendent
Program Coordinator
Recreation Manager
Senior Facilities Maintenance Worker
Welder/Mechanic
Public Works Wastewater Operations Supervisor
Compliance Engineer
Manager
Construction Project Manager
Deputy Public Works Director
Director
Electrician
Environmental Compliance Inspector
Facilities Maintenance Worker
Facilities Superintendent
Facilities Supervisor
Fleet Superintendent
Laboratory Services Supervisor
Lead Electrician
Parts Clerk
Plant & Equipment Maintenance Technician
Senior Civil Engineer
Senior Engineering Technician
Senior Storekeeper
Sr. Facilities Maintenance Worker
Sr. Transportation Planner
Service Writer
Street Maintenance Worker
Street Supervisor
Street Superintendent
Traffic/Sign Making Worker
Transportation Manager
Utilities Manager
Utilities Superintendent
Wastewater Plant Operator
EXHIBIT A
Department Position
Pubic Works (cont'd) Wastewater Plant Superintendent
Water Plant Superintendent
Water Services Technician
Water Treatment Plant Operator
Water/Wastewater Maintenance Worker
Water/Wastewater Supervisor
Watershed Program Coordinator
RESOLUTION NO. 2022-____
A RESOLUTION OF THE LODI CITY COUNCIL RESCINDING
RESOLUTION NO. 2022-58 AND AUTHORIZING THE ISSUANCE OF
CAL-CARD PROCUREMENT CARDS TO SPECIFIED POSITIONS
========================================================================
WHEREAS, the City Council previously approved Resolution Nos. 2011-143, 2013-121, 2014-181, 2015-185, 2017-12, 2017-172, 2018-147, 2019-240, 2021-18 and 2022-58 relating to the issuance of Cal–Card procurement cards to specified positions; and
WHEREAS, Lodi Municipal Code Section 3.20.135 specifies that the Lodi City Council will adopt a Resolution setting forth the positions that are authorized to hold procurement cards; and
WHEREAS, the City Manager is authorized to approve issuance of procurement cards to incumbents in the positions noted in this Resolution with limits in accordance with the parameters of the Lodi Municipal Code.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the following positions to be issued procurement cards with transaction and aggregate limits in accordance with Lodi Municipal Code Section 3.20.
Department Position
City Manager Business Development Manager
City Manager
Deputy City Manager/Internal Services Director
Executive Administrative Assistant
Public Information Officer
City Attorney City Attorney
Deputy City Attorney
Risk Manager
Risk Manager Technician
City Clerk Assistant City Clerk
City Clerk
Community Development Administrative Assistant
Director
Internal Services Accounting Manager
Administrative Analyst
Administrative Assistant
Budget Manager
Human Resources Manager
Human Resources Technician
Information Technology Manager
Information Systems Specialist
Network Administrator
Management Analyst – Human Resources
Revenue Manager
Supervising Accountant
Department Position
Electric Utility Administrative Assistant
Construction/Maintenance Supervisor
Director
Electric Distribution Operations Supervisor
Electric Foreperson
Electric Utility Business Analyst
Electric Utility Resources Analyst
Electric Utility Superintendent
Electrical Engineer
Electrical Materials Technician
Engineering and Operations Manager
Field Services Supervisor
Rates and Resources Manager
Senior Power Engineer
Substation/Metering Supervisor
Troubleshooting Supervisor
Utility Warehouse Supervisor
Utility Equipment Specialist
Library Director
Literacy Program Manager
Police Administrative Assistant
Captain
Chief
Management Analyst
Police Officer assigned as the Community Liaison Officer Senior Administrative Clerk
Fire Battalion Chief
Captain
Chief
Deputy Fire Chief
Fire Engineer assigned as the Administrative Training
Officer
Management Analyst
Parks, Recreation and Cultural
Services Administrative Assistant
Administrative Analyst
Building Services Supervisor
Deputy Director PRCS
Director
Management Analyst
Park Maintenance Worker III
Park Supervisor
Parks & Properties Superintendent
Program Coordinator
Recreation Manager
Senior Facilities Maintenance Worker
Welder/Mechanic
Dated: October 5, 2022
========================================================================
Department Position
Public Works Wastewater Operations Supervisor
Compliance Engineer Manager
Construction Project Manager
Deputy Public Works Director
Director
Electrician
Environmental Compliance Inspector
Facilities Maintenance Worker
Facilities Superintendent
Facilities Supervisor
Fleet Superintendent
Laboratory Services Supervisor
Lead Electrician
Parts Clerk
Plant & Equipment Maintenance Technician
Senior Civil Engineer
Senior Engineering Technician
Senior Storekeeper
Sr. Facilities Maintenance Worker
Sr. Transportation Planner
Service Writer
Street Maintenance Worker
Street Supervisor
Street Superintendent
Traffic/Sign Making Worker
Transportation Manager
Utilities Manager
Utilities Superintendent
Wastewater Plant Operator
Wastewater Plant Superintendent
Water Plant Superintendent
Water Services Technician
Water Treatment Plant Operator
Water/Wastewater Maintenance Worker
Water/Wastewater Supervisor
Watershed Program Coordinator
I hereby certify that Resolution No. 2022-___ as passed and adopted by the City Council of the City of Lodi in a regular meeting held October 5, 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-18
COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Appoint Magdalena Saldana and Megan Eddy to the Planning Commission; Clare Bhakta, Geneva Mello, and Hayley Johns to the Lodi Arts Commission; and Zoe S. Bertsch to the Greater Lodi Area Youth Commission; and Post for One Vacancy for a Greater Lodi Area Youth Commission Adult Advisor
MEETING DATE: October 5, 2022
PREPARED BY: City Clerk
RECOMMENDED ACTION: Appoint Magdalena Saldana and Megan Eddy to the Planning Commission; Clare Bhakta, Geneva Mello and Hayley Johns to the Lodi Arts Commission; and Zoe S. Bertsch to the Greater Lodi Area Youth Commission; and Post for One Vacancy for a Greater Lodi Area Youth Commission Adult Advisor.
BACKGROUND INFORMATION: The City Council directed the City Clerk to post for two vacancies on the Planning Commission on April 20, June 15, and August 4, 2022; four vacancies on the Lodi Arts Commission on February 16, March 16, May 23, and August 4, 2022; and seven vacancies on the Greater Lodi Area Youth Commission on March 16 and May 18, 2022.
The Mayor reviewed the applications, conducted interviews, and recommends the City Council concur with the appointments as detailed below.
Due to a recent resignation, there is one vacancy for a Greater Lodi Area Youth Commission Adult Advisor.
Staff recommends posting for the vacancy for the period of 30 days.
Government Code Section 54970 et seq. requires that the City Clerk post for vacancies to allow citizens interested in serving to submit an application.
APPOINTMENTS:
Planning Commission
Magdalena Saldana Term to expire June 30, 2026
Megan Eddy Term to expire June 30, 2026
NOTE: Two applicants (no applications seeking reappointment, no applications on file, two new applications); posting ordered 4/20/22, 6/15/22 and 8/4/22; application deadline – open until filled.
Lodi
Arts Commission
Clare Bhakta Term to expire July 1, 2025
Geneva Mello Term to expire July 1, 2025
Hayley Johns Term to expire July 1, 2025
NOTE: Five applicants (no applications seeking reappointment, one application on file, four new applications); posting ordered 2/16/22, 3/16/22, 5/23/22 and 8/4/22; application deadline – 9/5/22.
Appoint Magdalena Saldana and Megan Eddy to the Planning Commission; Clare Bhakta, Geneva Mello, and Hayley Johns to the Lodi Arts Commission; and Zoe S. Bertsch to the Greater Lodi Area Youth Commission; and Post for One Vacancy for a Greater Lodi Area Youth Commission Adult Advisor October 5, 2022
Page Two
Greater Lodi Area Youth Commission
Zoe S. Bertsch Term to expire May 31, 2024
NOTE: One applicant (no applications seeking reappointment, no applications on file, one new application); posting ordered 3/16/22 and 5/18/22 ; application deadline – open until filled.
POSTING:
Greater Lodi Area Youth Commission – Adult Advisor
Jennifer Phillips-Lorentzen Term to expire May 31, 2023
FISCAL IMPACT: Not applicable.
FUNDING AVAILABLE: Not applicable.
_______________________________
Olivia Nashed
City Clerk
AGENDA ITEM C-19
COUNCIL COMMUNICATION
APPROVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Set a Public Hearing for October 19, 2022, to consider an Ordinance amending the Lodi Municipal Code Title 17– Development Code to Implement Senate Bill 9, Pertaining to “Urban Lot Splits” and “Two Unit Urban Residential Development” in the Residential Low- Density Zoning District
MEETING DATE: October 5, 2022
PREPARED BY: Community Development Director
RECOMMENDED ACTION: Set a public h earing for October 19 , 2022 , to consider an Ordinance Amending the Lodi Municipal Code to amend Lodi Municipal Code Title 17– Development Code to Implement Senate Bill 9, Pertaining to Urban Lot Splits and Two Unit Urban Residential Development in the Residential Low-Density (RLD) Zoning District.
BACKGROUND INFORMATION: Senate Bill 9 (Chapter 162, Statutes of 2021), the “California Home Act,” was approved by the state legislature and signed into law by Governor Gavin Newsom in 2021 as part of the state’s broader effort to increase the development of affordable housing . SB-9 seeks to increase the supply of housing by requiring that cities and counties implement ministerial procedures to approve the subdivision of existing residential lots and the development of more than one dwelling unit on parcels zoned for single-family homes.
SB-9 took effect on January 1, 2022, and currently regulates both Urban Lot Splits and Two -Unit Urban Development in Lodi. However, SB-9 allows local agencies to adopt specific regulations implementing the law.
The proposed amendments to the Lodi Zoning Code would replace state law. Staff from the City Attorney’s office and the Community Development Department , working with outside legal counsel, have developed proposed new regulations to be added to the Lodi Zoning Code to implement SB-9. Two new sections would be added to the Zoning Code:
• Section 17.36.150 “Two Unit Urban Residential Development”; and • Section 17.55 “Urban Lot Split”
In addition, several new terms used in the new regulations would be added to the Zoning Code Glossary.
FISCAL IMPACT: Not applicable.
FUNDING AVAILABLE: Not applicable.
______________________________________
John R. Della Monica, Jr.
Community Development Director
AGENDA ITEM H-01
COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Stephen Schwabauer, City Manager
\\cvcfilv02\pubwks$\WP\COUNCIL\2022\CCManagement Analyst Recruit.docx 9/22/2022 AGENDA TITLE: Authorize Early Recruitment of Management Analyst Position for Public Works Solid Waste Support
M
EETING DATE: October 5, 2022
P
REPARED BY: Public Works Director
RE
COMMENDED ACTION: Authorize early recruitment of Management Analyst position for Public Works solid waste support.
B
ACKGROUND INFORMATION: CalRecycle has adopted regulations consistent with the mandates associated with Senate Bill 1383. The mandates are designed to achieve the State of California’s organic waste reduction goals.
The City is required to comply with these regulations to assist the State in achieving the reduction of short lived climate pollutants and greenhouse gas emissions in landfills. One of the main requirements resulting from the regulations include the implementation of mandatory residential and commercial food waste collection and education and outreach. Considering the growing number of solid waste and recycling mandates imposed by the State, the need for a full-time employee had become necessary. A full time Management Analyst position was approved with the fiscal year 2022/2023 budget.
T
he implementation of the mandatory residential food waste collection will result in additional costs to both the City and Waste Management. Staff is currently negotiating a contract extension with Waste Management to cover the costs needed to implement SB1383 requirements. The terms of the proposed contract extension include a funding source to hire a full time Management Analyst to support the compliance requirements of SB 1383 and future State mandated solid waste regulations. This new contract with Waste Management and the additional funding for a position however would not go into effect until January 1, 2023, however, staff is requesting approval to begin the recruitment process prior to having permanent funding in place so the position is filled by January 2023.
T
he City was recently awarded a one-time Cal-Recycle grant in the amount of $91,193 to assist in implementing SB1383 requirements, a portion of the grant proceeds ($56,000) is earmarked for personnel costs which the City can use to fund the position until the new contract with Waste Management and the funding for the Management Analyst position is approved.
S
taff recommends Council authorize early recruitment of Management Analyst position for Public Works solid waste support.
F
ISCAL IMPACT: Not applicable
Approve Initial Funding Source and Authorize Early Recruitment of Management Analyst Position for Public Works Solid Waste Support October 5, 2022
FUNDING AVAILABLE: Not applicable
_______________________________________
Andrew Keys
Deputy City Manager/Internal Services Director
________________________________________
Charles E. Swimley, Jr.
Public Works Director
CES/RAY/cd
AGENDA ITEM H-02
COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Adopt Resolution Accepting Hutchins Street Square Foundation Donation of Light Board for the Charlene Powers Lange Performing Arts Theatre and Two Pool Heaters for the Hutchins Street Square Indoor Pool and Present the Hutchins Street Square Foundation with a Proclamation for their Continuous Financial Report Through their Generous Financial and Materials Donations in 2021 and 2022 ($80,592.55) MEETING DATE: October 5, 2022
P
REPARED BY: Parks, Recreation and Cultural Services Director RE
COMMENDED ACTION: Adopt resolution accepting Hutchins Street Square Foundation donation of a Light Board for the Charlene Powers Lange Performing Arts Theatre and two pool heaters for the Hutchins Street Square indoor pool and present the Hutchins Street Square Foundation with a proclamation for their continuous financial report through their generous financial and materials donations in 2021 and 2022 ($80,592.55).
B
ACKGROUND INFORMATION: The Hutchins Street Square Foundation (HSSF) is dedicated to maintaining Hutchins Street Square (HSS) as the social, cultural and historical landmark of Lodi. As a result of their generosity, Hutchins Street Square has received the funds and materials necessary to sustain its programming and maintain itself as the historic landmark that it is.
I
n FY22, the HSSF supported HSS in the amount of $49,000 in materials, sponsorships and monetary donations. With their generosity, HSS received new flooring in Crete Hall ($35,000), a gift card donation for replacement of damaged ceiling tiles ($500), a sponsorship for the Annual Spring Egg Hunt ($3,500), and a major sponsorship ($10,000) for the 2022 City of Lodi Concert Series.
T
he HSSF has supported HSS in 2022 thus far in the amount of $31,592.55 in materials, sponsorships and monetary donations. Because of the generosity of the HSSF, HSS received a new light board ($15,755.42) for the Charlene Powers Lange Performing Arts Theatre, two pool heaters ($6,876.25) and provided monetary support for their installation ($7,160.88) for the indoor pool, and to support United Cerebral Palsy’s Landscaping ($1,800) Services at Hutchins Street Square.
The Lodi City Council and the Parks, Recreation and Cultural Services Department, along with Hutchins Street Square, greatly appreciate the Foundation’s generosity and commitment to Hutchins Street Square and the citizens of Lodi.
Adopt Resolution Accepting Hutchins Street Square Foundation (HSSF) Donations to City of Lodi - Hutchins Street Square ($80,592.55)
October 5, 2022
Staff asks that the Council approve the resolution to accept the Hutchins Street Square Foundation’s donation of a light board and two pool heaters and acknowledge their generous financial and materials support of $80,592.55.
FISCAL IMPACT: The Foundation’s monetary and materials donation of $80,592.55 for the FY22 and FY23 funded various city-wide events hosted at Hutchins Street Square and materials for Hutchins Street Square building.
FUNDING AVAILABLE: Funding available as follows;
$10,000 Performing Arts Center 20071300.57331 (FY22 rev) $10,000 Performing Arts Center 20071300.72352 (FY22 exp) $3,500 Special Events 20073300.57331 (FY22 rev)
$3,500 Special Events 20073300.72355 (FY22 exp)
$1,800 HSS Admin 20071001.55025 (FY23 rev)
$1,800 HSS Operations and Maintenance 20071402.72499 (FY23 exp) $7,160.88 HSS Admin 20071001.55025 (FY23 rev)
$7,160.88 HSS Operations and Maintenance 20071402.72499 (FY23 exp)
_______________________________________
Andrew Keys
Deputy City Manager/Internal Services Director
_______________________________________
Christina Jaromay
Parks, Recreation and Cultural Services Director
CJ/LJ/JW:tl
cc: City Attorney
Attachment
RESOLUTION NO. 2022-____
A RESOLUTION OF THE LODI CITY COUNCIL ACCEPTING HUTCHINS STREET
SQUARE FOUNDATION DONATION OF LIGHT BOARD FOR THE
CHARLENE POWERS LANGE PERFORMING ARTS THEATRE AND TWO POOL
HEATERS FOR THE HUTCHINS STREET SQUARE INDOOR POOL
========================================================================
WHEREAS, the Hutchins Street Square Foundation (HSSF) is dedicated to maintaining Hutchins Street Square as the social, cultural and historic landmark for the community to enjoy; and
WHEREAS, the HSSF has generously donated a new light board for the Charlene Powers Lange Performing Arts Theatre, and two pool heaters , including labor and installation for the indoor pool.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby accept the Foundation’s generous donation of the light board and two pool heaters; 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: October 5, 2022
========================================================================
I hereby certify that Resolution No. 2022-____ was passed and adopted by the City Council of the City of Lodi in a regular meeting held October 5, 2022, by the following vote:
AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
OLIVIA NASHED
City Clerk
2022-____
AGENDA ITEM H-03
COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Adopt Resolution Authorizing City Manager to Enter into All Agreements Necessary to Locate, Develop, Construct, and Operate a 20-48 MW State of California Funded Natural Gas Power Plant in the City of Lodi
MEETING DATE: October 5, 2022
P
REPARED BY: City Manager
RE
COMMENDED ACTION: Adopt resolution authorizing City Manager to enter into all agreements necessary to locate, develop, construct, and operate a 20-48 MW State of California Funded Natural Gas Power Plant in the City of Lodi.
B
ACKGROUND INFORMATION: Staff recently learned that the PG&E transmission lines that transmit power to the City are and will continue to lack the capacity to serve Lodi during anticipated N-1 contingencies.
1 The North American Electric
Reliability Corporation (NERC) and Good Utility Practice mandate that transmission service be constructed in such a fashion that is resilient enough to continue to provide full service in the face of predictable and expected contingencies. During the unprecedented August/September 2022 heat storm such a contingency occurred on September 7, 2022, causing one of the three dedicated 60 kV lines that serve Lodi to be shut down, resulting in PG&E ordering the City to shed 35 MW on extremely short notice. Staff work since that event has revealed that Lodi will continue to be subject to the risk of this type of load shed, in the event of future expected contingencies, until at least 2028 when PG&E’s 230kV project is anticipated to be constructed.
D
uring the recent NCPA Annual Conference, Staff became aware of a State funded and extremely time sensitive project to add a natural gas powered peaker plant to the electrical grid. The plant would be constructed by the State under special legislation approved this year by the Governor2, and not subject to normal regulations or environmental review, in order to be up and running in time to avoid power disruptions in the summer of 2023. Initial plans for the plant in another location fell through, resulting in this opportunity for the City to have access to power in the event of future N-1 contingencies. The California Department of Water Resources (DWR) is funding the project, which must be contracted by October 15, 2022, and operational before the summer of 2023. The plant will be fully funded by DWR. Staff met with DWR staff on September 29 and confirmed the specifics of the program. DWR has contracted directly with Enchanted Rock LLC of Texas for the plant construction and Lodi would subcontract its rights and obligations through Enchanted Rock.
The plant will only be able to be run during emergency situations to protect the integrity of the state wide or local electrical grid.
1 An N-1 contingency refers to the loss of a single transmission line or element. 2 AB-205 Energy and AB-209 Energy and Climate Change, approved June 30, 2022 and September 6, 2022, respectively.
Adopt Resolution Authorizing City Manager to Enter into All Agreements Necessary to Locate, Develop, Construct, and Operate a 20- 48 MW State of California Funded Natural Gas Power Plant in the City of Lodi October 5, 2022
To make the project possible the City will need to incur a number of upfront, but reimbursable costs, and provide a location for the plant. Staff is exploring locations at the former General Mills site, the City’s Surface Water Treatment Plant, and the City’s Industrial Substation. Site location will be determined based on a number of factors that have not been finalized as of the date of this staff report, but include access to adequate gas supply, access to adequate distribution capacity, and ability to negotiate a lease if the project is located on privately owned property.
Accordingly, the City Manager requests the City Council adopt a resolution authorizing the City Manager to enter into the following agreements:
1) An agreement with Enchanted Rock LLC to lease a portion of the City’s Industrial Substation at 1215 Thurman Street or the Surface Water Treatment Plant at 2001 West Turner Road, depending on which site has the most advantageous utility access; 2) Alternatively, and only if the first two options are not serviceable, Staff requests authority to negotiate a lease with Bond Manufacturing, at a lease price to be determined and subject to the leasehold being assignable to Enchanted Rock LLC with the cost of the lease to be funded by DWR through Enchanted Rock;
3) An Agreement with Enchanted Rock LLC for the development and construction of the power plant at DWR’s expense on the terms set forth in the Emergency Generation Site License Term Sheet attached as Exhibit A to this staff report;
4) Such agreements with consultants as are necessary for City to perform its scope of work for the project, including, but not limited to a professional services agreement with Scott Flake Consulting, Inc. for project management; and
5) An agreement with NCPA to provide energy scheduling and operations services for the plant. 6) The City Manager will report back on the status of these agreements with the City Council upon execution of all agreements or upon failure to negotiate a property lease for a suitable site.
FISCAL IMPACT: Not applicable.
FUNDING AVAILABLE: Funds advanced by City will be reimbursed by California Department of Water Resources.
_______________________________________
Andrew Keys
Deputy City Manager/Internal Services Director
________________________________________
Stephen Schwabauer
City Manager
Attachments: Emergency Generation Site License Term Sheet Resolution Authorizing the City Manager to Enter into all Agreements Necessary to Locate, Develop, Construct, and Operate a 20-48 MW State of California Funded Natural Gas Power Plant in the City of Lodi
Emergency Generation Site License Term Sheet
Preamble
This term sheet summarizes the principal terms of the proposed transactions among the City of Lodi, a municipal corporation (“Utility”) and Enchanted Rock, LLC, a Texas limited liability corporation qualified to do business in California, and its affiliates (“ERock”) as described below. Utility and ERock are referred to individually as a “Party” and collectively as the “Parties”. This term sheet is not intended to include an exhaustive list of any Party’s rights or obligations and does not create any obligations on the part of any Party. All binding obligations will be set forth in one definitive agreement to be signed by the Parties, and no obligations are created until such definitive agreement is signed.
Transaction Overview
In order to secure additional emergency generation capacity that will be available quickly and for the next five years until additional long term capacity resources can be arranged, California Department of Water Resources (“CDWR”) is purchasing [•] MW [TBD] of natural gas reciprocating generators and associated equipment (the “Gen Sets”) from ERock, but it requires a site on which to locate and operate the Gen Sets. Utility is prepared to license site(s) that could be used for these purposes to ERock and to allow ERock to sublicense such site(s) to CDWR for the foregoing purposes.
Therefore, to aid ERock and CDWR in accomplishing its objective of securing additional generation capacity, ERock and Utility will enter into a Site License Agreement that provides for (1) Site Use and (2) certain construction management services as further described below.
TERM DESCRIPTION
SITE USE SECTION
Site Utility will grant ERock a license to exclusively use and occupy a site (“Site”) at the [site location TBD], in a location to be agreed upon by the Parties, for the installation and operation of the Gen Sets. Utility shall have legal control of the site and rights to license by October 15, 2022.
Sublicense ERock shall be permitted to sublicense all its rights and obligations with respect to a Site to CDWR.
Term From the Execution Date through December 31, 2028
Site Access
Compensation
ERock will pay Utility a fee (“Fee”) of [•] ($X,XXX,XXX.XX) for 2023 (prorated per quarter), [•] ($X,XXX,XXX.XX) for each subsequent year of the Term. The Fee for 2023 will be payable upon execution of the definitive agreements, and the Fee for subsequent years will be payable on January 1 of the respective year, or as may be agreed upon by the Parties.
[California Independent
System Operator
Scheduling Coordinator
Services (CAISO SC)]
1 Utility or assignee will act as CDWR’s CAISO SC for the Gen Sets and will schedule them in accordance with CDWR’s instructions. Utility will not have any obligation to schedule or dispatch the Gen Sets except in accordance with instructions from CDWR or the CAISO. However, Utility will not be required to schedule the Gen Sets in any manner that violates any applicable permit or law. CDWR will cooperate with Utility and take all actions necessary for Utility to be designated as scheduling
1 NTD: Scheduling coordinator requirements TBD
TERM DESCRIPTION
coordinator. CDWR will be entitled to receive all CAISO and other revenues related to the capacity or output of the Gen Sets and will be responsible for all CAISO fees, charges, penalties, imbalance charges or penalties and, if applicable, resource adequacy replacement costs and shortfall charges. Utility will be entitled to assign the obligations of this paragraph to NCPA or another qualified SC Service provider
[CAISO SC Services Fee]2 ERock will pay Utility $XX/year annually at the beginning of each calendar year. For the initial year paid pro rata beginning with COD.
Project Management
Services
ERock will pay utility $XX for project management activities related to interconnection of the project up to the commercial operation date (“COD”) for Utility’s expected costs, which shall be reimbursed in accordance with the overall project milestones schedule. The project milestone schedule will be determined by the parties and incorporated into an agreement between the Parties.
Electrical
Interconnection Study &
Pricing
Utility will complete the study with all expenses related to the interconnection provided to ERock by October 15, 2022.
Electrical
Interconnection
Reimbursement
ERock will pay Utility $XX for costs incurred for Utility performed interconnection scope as delineated in the roles & responsibilities document shall be in accordance with the project construction schedule.
Gas Interconnection ERock shall coordinate with PG&E to supply gas service to the Site location. All fees associated with PG&E gas service shall be paid by ERock. Gas service from PG&E’s meter shall be included as part of ERock’s project scope.
Gas Scheduling Services ERock may choose to serve as the qualified gas scheduling service provider to ensure gas supply to the project or may engage Utility for such service.
If ERock chooses Utility to provide such service, Utility may assign such services to NCPA or another qualified service provider and ERock will pay Utility $XX/year annually at the beginning of each calendar year. For the initial year paid pro rata beginning with COD.
Contract Closeout:
• ROFR
• Counter Offer
• Decommission /
Salvage
Anytime following the completion of the third year of the Term, but no later than the completion of four years of the Term, Utility may notify CDWR of its intent to purchase the Gen Sets, at the end of the term of the license between ERock and CDWR, at a price equal to xx% of the estimated equipment value of +/- $yyM, reflecting economic value, avoided decommissioning costs, and additional avoided
decommissioning administration costs. The Parties acknowledge that this calculation equates to a total purchase cost to Utility of $zz for the Gen Sets. Utility may assign this Option to NCPA or another qualified Gen Set operator. CDWR to be a third party beneficiary to the purchase option.
2 NTD: Scheduling coordinator requirements TBD
TERM DESCRIPTION
If Utility fails to notify CDWR of its intent to purchase or fails to negotiate alternative purchase agreement by the completion of four years of the Term, then ERock will prepare for decommissioning of the Gen Sets, and at the completion of the Term will perform such decommissioning including the removal of Gen Sets, commencing no later than 30 days after Term completion.
Events of Default The agreement between the Parties will include customary events of default (following agreed notice and cure periods), including for non- payment of amounts due and breaches of covenants and
representations, and remedies.
Limited Recourse Except for gross negligence or willful misconduct, each Party’s liability under the License Agreement in any year will be limited to the amount of fees payable in such year. No Party will be liable to another Party for consequential or punitive damages.
RESOLUTION NO. 2022-____
A RESOLUTION OF THE LODI CITY COUNCIL
AUTHORIZING THE CITY MANAGER TO ENTER INTO ALL
AGREEMENTS NECESSARY TO LOCATE, DEVELOP,
CONSTRUCT, AND OPERATE A 20-48 MW STATE OF
CALIFORNIA FUNDED NATURAL GAS POWER PLANT IN
THE CITY OF LODI
========================================================================= WHEREAS, Staff recently learned that the PG&E transmission lines that transmit power to the City are and will continue to lack the capacity to serve Lodi during anticipated N -1 contingencies; and
WHEREAS, during the unprecedented August/September 2022 heat storm such a contingency occurred on September 7, 2022, causing one of the three dedicated 60 kV lines that serve Lodi to be shut down, resulting in PG&E ordering the City to shed 35 MW on extremely short notice; and
WHEREAS, Staff work since the September 7th event has revealed that Lodi will continue to be subject to the risk of this type of load shed, in the event of future expected contingencies, until at least 2028 when PG&E’s 230kV project is anticipated to be constructed; and WHEREAS, Staff became aware of a State funded and extremely time sensitive project to add a natural gas powered peaker plant to the electrical grid with the plant constructed by the State under special legislation approved this year by the Governor and not subject to normal regulations or environmental review; and
WHEREAS, the California Department of Water Resources (DWR) is funding the project, which must be contracted by October 15, 2022, and operational before the summer of 2023; and
WHEREAS, DWR has contracted directly with Enchanted Rock LLC of Texas for the plant construction and Lodi would subcontract its rights and obligations through Enchanted Rock; and
WHEREAS, the proposed Lodi power plant will only be able to be run during emergency situations to protect the integrity of the state wide or local electrical grid.
NOW, THEREFORE, BE IT RESOLVED, that the Lodi City Council does hereby authorize the City Manager to enter into all agreements necessary to locate, develop, construct, and operate a 20-48 MW State of California funded natural gas power plant in the City of Lodi, approved as to form by the City Attorney, including, but not limited to the following:
1) An agreement with Enchanted Rock LLC, a Texas limited liability company authorized to do business in California, to lease a portion of the City’s Industrial Substation at 1215 Thurman Street or the Surface Water Treatment Plant at 2001 West Turner Road, depending on which site has the most advantageous utility access; 2) Alternatively, and only if the first two options set forth in paragraph 1 are not serviceable, authority to negotiate a lease with Bond Manufacturing, at a lease price to be determined and subject to the leasehold being assignable to Enchanted Rock LLC with the cost of the lease to be funded by DWR through Enchanted Rock; 3) An Agreement with Enchanted Rock LLC for the development and construction of the power plant at DWR’s expense on the terms to be set forth an Emergency Generation Site License Term Sheet;
4) Such agreements with consultants as are necessary for City to perform its scope of work for the project, including, but not limited to a professional services agreement with Scott Flake Consulting, Inc. for project management; and 5) An agreement with NCPA to provide energy scheduling and oper ations services for the plant.
6) The City Manager will report back on the status of these agreements with the City Council upon execution of all agreements or upon failure to negotiate a property lease for a suitable site.
Dated: October 5, 2022
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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 October 5, 2022 by the following votes:
AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS -
ABSENT: COUNCIL MEMBERS -
ABSTAIN: COUNCIL MEMBERS -
OLIVIA NASHED
City Clerk
2022-____